E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, THURSDAY, JUNE 25, 1998 No. 85 House of Representatives The House met at 10 a.m. bone marrow donor program, and for other I suppose we should be flattered. The Chaplain, Rev. James David purposes. After all, is imitation not the sincerest Ford, D.D., offered the following pray- H.R. 2864. An act to require the Secretary form of flattery? er: of Labor to establish a program under which It does point out that the People’s employers may consult with State officials When the paths of life seem long and respecting compliance with occupational Liberation Army is not a sleeping there is so much to do, we pray, gra- safety and health requirements. giant. Communist China’s army is ac- cious God, that the blessings of life will H.R. 2877. An act to amend the Occupa- tively working to improve its capabili- flow freely and Your benedictions will tional Safety and Health Act of 1970. ties and learn from our mistakes. At comfort and encourage. As we have re- H.R. 3035. An act to establish an advisory the same time the President is pushing ceived so fully from Your grace, O God, commission to provide advice and rec- for China to receive Most Favored Na- so may we share that love with others ommendations on the creation of an inte- tion status, China has selected the grated, coordinated Federal policy designed in our families and in our commu- to prepare for and respond to serious drought United States Army as its ‘‘Most Fa- nities. emergencies. vored Website.’’ May good words and good thoughts f f and goodwill prevail. May justice mark GOP MANAGED CARE PROPOSAL the work of our hands, and may the ANNOUNCEMENT BY THE SPEAKER FALLS SHORT spirit of mercy live in our hearts and The SPEAKER. The Chair will recog- souls this day and every day. In Your nize 10 1-minutes on each side. (Mr. GREEN asked and was given name, we pray. Amen. Will the gentlewoman from Missouri permission to address the House for 1 f (Mrs. EMERSON) kindly assume the minute and to revise and extend his re- chair. marks.) THE JOURNAL f Mr. GREEN. Madam Speaker, it took The SPEAKER. The Chair has exam- months of drafting and redrafting and ined the Journal of the last day’s pro- CHINA SELECTS U.S. ARMY AS threats and rejection, but last night we ceedings and announces to the House ‘‘MOST FAVORED WEBSITE’’ got our first look at the Republican his approval thereof. (Mr. GIBBONS asked and was given managed care proposal. Pursuant to clause 1, rule I, the Jour- permission to address the House for 1 While the final details will not be nal stands approved. minute and to revise and extend his re- worked out for another month, the f marks.) rough draft is not very promising. Most Mr. GIBBONS. Madam Speaker, well, of the outlined provisions in the bill PLEDGE OF ALLEGIANCE never let it be said that the Communist are too weak to help people like in the The SPEAKER. Will the gentleman Chinese do not learn from their mis- story in yesterday’s Washington Post. from California (Mr. ROGAN) come for- takes. Or, perhaps we should better say It was a father of five with liver can- ward and lead the House in the Pledge from our mistakes. cer. He already had access to an ap- of Allegiance. It seems that when the Army realized peals process that he actually won. Un- Mr. ROGAN led the Pledge of Alle- and analyzed their web site that cata- fortunately for him, it took 5 months giance as follows: logs a variety of ‘‘lessons learned,’’ for his doctor to be told that he needed I pledge allegiance to the Flag of the they were surprised to find out who a liver transplant and the HMO was or- United States of America, and to the Repub- came calling the most often. dered to pay for it. But, Madam Speak- lic for which it stands, one nation under God, Mr. Speaker, it was not the 82nd Air- er, he died right after they were given indivisible, with liberty and justice for all. borne Division, it was not the First In- that permission. f fantry Division. It was not the Air What he needed was a timely appeals Force. It was not the Navy. It was not process and an HMO knowing that they MESSAGE FROM THE SENATE the Marines. would be responsible for the denial of A message from the Senate by Mr. Mr. Speaker, you guessed it. It was that coverage. Lundregan, one of its clerks, an- the Communist Chinese. That is right, The Republican bill would not help nounced that the Senate had passed the United States Army web site is the Houston police officer who, after 30 without amendment bills of the House most often visited by the People’s Lib- years of service and not missing a day of the following titles: eration Army. I guess it has attained for illness, was diagnosed with cancer H.R. 2202. An act to amend the Public ‘‘China’s Most Favored Website’’ sta- and it took him months to get to a spe- Health Service Act to revise and extend the tus. cialist. The proposal would be just

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.

H5299 H5300 CONGRESSIONAL RECORD — HOUSE June 25, 1998 about as effective as using a Band-Aid ments can be put in place. American CONGRATULATIONS TO JESSICA for a deep flesh wound. jobs are at stake. We cannot afford to LORINE GONDER, U.S. SAVINGS The provisions in the GOP bill would allow this threat to the American BOND NATIONAL STUDENT POST- do nothing to stop HMOs from making economy to continue. I urge every ER CONTEST WINNER major decisions based on profits in- Member to sign the discharge petition (Mr. BARTLETT of Maryland asked stead of patients. now. and was given permission to address f f the House for 1 minute and to revise CHILD CUSTODY PROTECTION ACT LIBERALS’ RECORD ON and extend his remarks.) EDUCATION IN AMERICA Mr. BARTLETT of Maryland. Madam (Ms. ROS-LEHTINEN asked and was Speaker, the United States Savings (Mr. CHABOT asked and was given given permission to address the House Bond National Student Poster Contest permission to address the House for 1 for 1 minute and to revise and extend provides an opportunity for thousands minute.) her remarks.) of our children to learn the value of Ms. ROS-LEHTINEN. Madam Speak- Mr. CHABOT. Madam Speaker, as a former schoolteacher myself, I would saving money while increasing the pub- er, parents should not be robbed of the lic awareness of buying U.S. savings inherent right to counsel our children like to review the liberals’ record on the issue of education in this country. bonds as an easy way to save and in- at their time of need. Yet, strangers vest in their own and America’s future are now allowed to transport our un- In the 1960s, the liberals decided to ‘‘dumb down’’ the curriculum and now success. derage daughters in order to obtain I am extremely proud of one of my abortions in States without parental across the country academic rigor is absent from many of our public constituents, Jessica Lorine Gonder of notification laws. Funkstown, Maryland, who designed This outrage, which is actually en- schools. The predictable result is that student achievement in many areas has posters which won both the 1997 and couraged by heartless abortion clinics 1998 Maryland State contest. Her im- that place ads highlighting their plummeted. The liberals also decided that self-es- pressive freehand design, which I wish State’s lack of consent laws, must be everyone could see, is the 1998 National stopped. teem was in and that actual knowledge was out. The liberals embraced bogus, Second Place winner. Jessica was just My legislation, H.R. 3682, the Child a sixth grader at E. Russell Hicks Mid- Custody Protection Act, will ensure faddish teaching methods and produced a generation of children who never dle School in Hagerstown, Maryland, in that parental rights are respected. It Washington County. would make it a Federal misdemeanor learned to read. And now the liberals oppose legisla- Jessica Gonder’s award-winning post- for a nonparent to transport a minor tion we recently passed here in Con- ers are another testament to America’s girl across State lines to avoid that gress which would allow parents to put greatness and our leadership in the State’s abortion parental notification their own money in accounts and not world. In America, competition, hard laws. work, and perseverance improve qual- Innocent minor girls and parents to pay tax on the money in those ac- counts for educating their children, ity and are the keys to achieving suc- must be protected from strangers who cess. decide to make possible life-threaten- kindergarten through high school. They say it would somehow hurt the Madam Speaker, I say, ‘‘Congratula- ing decisions for them. This legislation tions, Jessica.’’ has already been approved by the full public schools. Baloney. Let us make it a little easi- f House Judiciary Committee and it will er for parents, particularly middle- soon be brought to this floor for a vote. CONGRESS SHOULD ADDRESS class parents, to provide a quality edu- Madam Speaker, encourage my col- CLASS SIZE AND SCHOOL CON- cation for their children. leagues to support the protection of pa- STRUCTION f rental rights by voting for this impor- (Mr. SNYDER asked and was given tant legislation. REAL MANAGED CARE REFORM permission to address the House for 1 f (Mr. PALLONE asked and was given minute.) Mr. SNYDER. Madam Speaker, DISCHARGE PETITION URGING permission to address the House for 1 America’s school kids are now out of CONSIDERATION OF IMF FUNDING minute.) Mr. PALLONE. Madam Speaker, yes- school and we join them, beginning (Mr. OBEY asked and was given per- terday the Republican Health Task today, back home for the 2-week July mission to address the House for 1 Force unveiled a set of principles that 4th recess. minute and to revise and extend his re- fall far short of real patient protec- When we return, we will not have marks.) tions for Americans in HMOs. many work days left this year. And Mr. OBEY. Madam Speaker, several More sinister was the Republicans’ yet, we have done nothing about the days ago I introduced House Resolution stated intention to combine changes in two most critical problems facing 473, which will provide for the consider- managed care with limits on medical America’s public schools: class sizes ation of the remnants of H.R. 3580, a malpractice liability and other highly that are too large and school buildings supplemental appropriation bill fund- controversial add-ons which will imme- of poor quality. ing the International Monetary Fund. diately kill any possibility for even Madam Speaker, I want Arkansas Madam Speaker, I would urge all limited patient protections to pass school boards to run their schools, but Members to sign the discharge petition Congress this year. the American people expect their gov- which will be available at the desk Earlier this week, the gentleman ernment in Washington to help with starting now. from Iowa (Mr. GANSKE) and the gen- these critical needs. When we return in Last fall the Speaker of the House tleman from Michigan (Mr. DINGELL) 2 weeks, I hope we will refocus our at- decided to use the U.N. and the IMF introduced a discharge petition to by- tention to America’s public schools and funding as leverage to force the Presi- pass the Republican leadership’s oppo- help America put more teachers in the dent to agree to unacceptable changes sition to real managed care reform and classrooms and create better quality in international family planning poli- bring the Patients’ Bill of Rights to classrooms to put them in. America’s cies, and he has continued to hold this the floor for a vote. schoolchildren deserve the best schools needed funding hostage. Failure to act The Patients’ Bill of Rights would that we can give them. on the IMF funding continues to en- put control of medical decisions back f danger the U.S. economy, which is be- where they belong, in the hands of doc- coming more concerned each passing tors and their patients, not with the in- IN HONOR OF DR. GLORIA M. day with what is happening in Asia. surance industry bureaucrats. SHATTO, PRESIDENT, BERRY We need to have the debate on the Madam Speaker, I urge all of my col- COLLEGE IMF so that the many concerns about leagues to sign the Ganske-Dingell dis- (Mr. BARR of Georgia asked and was how the IMF is run can be resolved and charge petition so we can have a vote given permission to address the House so that critically needed replenish- on real managed care reform this year. for 1 minute.) June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5301 Mr. BARR of Georgia. Madam Speak- minute and to revise and extend his re- Given that most of you have done er, recently Dr. Gloria M. Shatto re- marks.) this for your own children’s education, tired as president of Berry College. Dr. Mr. SHIMKUS. Madam Speaker, I why is it so bad for other parents to do Shatto was inaugurated as Berry’s rise today to compliment the House for so? Why is giving one’s children more sixth president in 1980 and thereby be- its vote last week to abolish the Tax educational opportunities a bad thing? came the first woman to become a Code by 2002. Although it is unlikely If parental choice on education really president of a college or university in that this bill will become law, it is a harms public schools, then does that the State of Georgia. significant first step in our effort to mean that parents who desire to send Dr. Shatto’s honors include Phi Beta fundamentally reform the current In- their children to private or religious Kappa, the Organization of American ternal Revenue Code. If we are ever to schools should be condemned because States fellowship, the Organization of reform our tax system, we must focus they are harming public schools? Women fellowship, and the list goes on the debate on how we will change the What about all of those Members of and on. Tax Code, not if or when. Congress and public school teachers To show its appreciation to Dr. The existing Tax Code is a complex who send their children to private Shatto, Berry College honored her with web of credits, deductions, and revenue schools? a ‘‘Voice of Berry Lifetime Award.’’ rulings which shifts resources and time Lastly, what do you say to those par- The award is presented annually to a from productive economic activities to ents in poor areas with dangerous, dys- student, faculty, or staff member for tax compliance. Furthermore, tax- functional schools for their children? communicating effectively to enhance payers with identical incomes often Too bad? Tough luck? morale, ability to motivate and inspire have vastly different tax liabilities. America demands and deserves an- others, and the willingness to encour- It is time we in Congress provide the swers to these critical questions. age open and free discussion. American taxpayer with a Tax Code f Madam Speaker, Berry College is which promotes economic growth, CONGRESSIONAL FIRE SERVICES consistently recognized as one of the lessens the burdens of compliance on CAUCUS WILDLAND FIRE INITIA- outstanding small comprehensive col- individuals and small businesses and, TIVE leges in the South. Berry offers work most importantly, reestablishes fair- experience as part of every student’s ness. (Mr. WELDON of Pennsylvania asked development. Approximately 90 percent Madam Speaker, I look forward and was given permission to address of the students are employed on cam- today to voting on IRS reform later on the House for 1 minute and to revise pus in 120 job classifications during an this afternoon. and extend his remarks.) academic year. f Mr. WELDON of Pennsylvania. Madam Speaker, each night on the Madam Speaker, I proudly rise today b 1015 in recognition of Dr. Shatto’s out- evening news in our media across this standing service to Berry College and ACADEMY APPOINTMENTS country we see the devastation being Berry’s outstanding service to our Na- (Mr. PITTS asked and was given per- caused by forest fires and wildlands tion. mission to address the House for 1 fires. Florida is being devastated as we f minute and to revise and extend his re- stand here today; Texas, the West, marks.) California. COMPREHENSIVE TOBACCO Mr. PITTS. Madam Speaker, I rise Today at 11:30 in the Rayburn, Room LEGISLATION NEEDED today to talk about students. I would 2216, a bipartisan group of our col- (Ms. DEGETTE asked and was given like to take a moment to recognize leagues will come together and an- permission to address the House for 1 students who epitomize the phrase ‘‘pa- nounce a six-part initiative that will minute.) triotism.’’ deal with the issue of wildlands and Ms. DEGETTE. Madam Speaker, this This year I had the pleasure of nomi- forest fires. We will review what ac- past Saturday marked the 1-year anni- nating 37 young men and women from tions Members of Congress are taking versary of the State attorneys gen- the 16th Congressional District of to enhance the capability to use, in one eral’s proposed tobacco settlement. Pennsylvania to the four United States case, Cold War technology to detect Ironically, this anniversary was also service academies. I am very pleased these fires at their inception. marked by the death of tobacco legisla- that 20 of these students were ap- We will talk about resources that tion in this Congress. pointed to the academies. this Congress has in fact provided this Since June 1997, Congress has done Next week those young men and year and in past years to improve the nothing to stem the willful and de- women will start a journey, 4 years of capability of our local emergency re- structive forces of the tobacco indus- study at premier institutions of higher sponders to deal with these disasters. I try. Today, more than a year later, all learning, followed by active duty serv- encourage our colleagues to join with we see is a list of principles from the ice in the U.S. Armed Forces. They will us in announcing these initiatives to majority party that protects Big To- not only study academics but prepare assist these States during their time of bacco and still punishes teens. themselves militarily and physically need. By selling out to Big Tobacco, the for service to the Nation as military of- f 105th Congress has failed to act while ficers. NATIONAL MISSILE DEFENSE an astounding 1,095,000 more kids be- They are living proof of the phrase came addicted to this lethal product. ‘‘duty, honor, country,’’ and they are (Mr. GUTKNECHT asked and was During this 1-minute speech, two more tomorrow’s leaders. Therefore, I would given permission to address the House children will become addicted to to- like to join their parents and friends in for 1 minute and to revise and extend bacco. This tombstone symbolizes the saluting these students. his remarks.) 1,095,000 children addicted to tobacco f Mr. GUTKNECHT. Madam Speaker, I just in the last year. remember the Cuban missile crisis. I Madam Speaker, if we are serious ON EDUCATION remember fallout shelters. I remember about reducing teen smoking, we need (Mr. ROGAN asked and was given the drills we had to do when I was a to pass important and comprehensive permission to address the House for 1 child to protect us from a nuclear at- legislation and we need to raise the minute and to revise and extend his re- tack. legal purchase price from 18 to 21 years marks.) During the 1950s, America was prac- old. Let us not make this paper tomb- Mr. ROGAN. Madam Speaker, last ticing for what we thought was the in- stone turn to stone. week Congress passed legislation mak- evitable. I do not want our Nation’s f ing it easier for parents to save for children to ever experience that. It is their children’s education. With this in time for us to build a national missile IRS REFORM mind, I would like to pose a few ques- defense to protect our children. (Mr. SHIMKUS asked and was given tions to the defenders of the education The good news is we have the tech- permission to address the House for 1 status quo. nology to knock missiles right out of H5302 CONGRESSIONAL RECORD — HOUSE June 25, 1998 the sky. The bad news is the adminis- schools, and they worry about the Do not veto that bill, Mr. President. tration does not think it is necessary. schools that are not performing on be- Sign it. Show that you care for the par- That is right. If an enemy missile was half of the children. ents who care for their children. launched at the United States, our The American people take the edu- Mr. DIAZ-BALART. Madam Speaker, super-sophisticated computers would cation of their children very, very seri- I yield myself such time a I may con- pick it up right away and calculate ex- ously. Where they can, when they have sume. actly where it was going to hit and the resources, they couple, along with Madam Speaker, House Resolution when. And then nothing. All we could their wish that America have the best 491 provides for consideration in the do is wait for it to hit its target and schools in the world for their children, House of a concurrent resolution pro- pray for all of the lives that would be their own personal commitment to put viding for the adjournment of the lost. their own child in the best school pos- House and Senate for the Independence We have the capability to protect sible. Every parent wants this, rich and Day work period. ourselves with a national missile de- poor alike. All points of order are waived against fense. We just choose not to build it. the resolution and its consideration. Madam Speaker, just a few weeks ago Madam Speaker, obviously this has Madam Speaker, I remember the we passed on to the President of the been a very busy year in the House. We 1950s. Let us use our technology to pro- United States a bill that would have have spent a significant number of tect our kids. I want our kids to grow provided scholarship opportunities for hours on the floor debating issues rang- up happy and carefree, not practicing the parents of poor children so that ing from higher education priorities to what to do when nuclear missiles are those children might be moved from a transportation needs, from the self-de- launched at us. school that was failing them to a termination of the people of Puerto Let us build a national missile de- school in which the child could suc- Rico to financial services moderniza- fense. Let us do it for our kids. ceed. The President vetoed that. tion. f Despite the fact that it was new The House will have passed five ap- PROVIDING FOR CONSIDERATION money additional funding, the Presi- propriations bills by the time we leave OF A CONCURRENT RESOLUTION dent vetoed that because he thought for our Fourth of July district work pe- FOR ADJOURNMENT OF HOUSE somehow that might be destructive to riod later today, and we will hopefully AND SENATE FOR INDEPEND- the public schools, without ever realiz- pass the other appropriations bills soon ENCE DAY DISTRICT WORK PE- ing that when the public schools are after returning from the break. RIOD accountable to the parents, the public While adjournment resolutions are schools do better. When the parents usually privileged, a rule is needed in Mr. DIAZ-BALART. Madam Speaker, have a right and an ability to move order to waive a point of order that by direction of the Committee on their children to a better school, the could be raised against the Fourth of Rules, I call up House Resolution 491 children are better off and the schools July district work period resolution on and ask for its immediate consider- are better off. the grounds that it would violate sec- ation. Today, Madam Speaker, we will en- tion 309 of the Budget Act which pro- The Clerk read the resolution, as fol- roll a bill before we go home on this hibits the House from adjourning for lows: district recess period that makes avail- more than 3 days in July unless the H. RES. 491 able again the opportunity for choice House has completed action on all ap- Resolved, That upon the adoption of this to parents, further enhanced by tax-de- propriations bills. resolution it shall be in order, any rule of ductible savings accounts for those Independence Day is a time to be the House to the contrary notwithstanding, back in our districts, not only celebrat- to consider a concurrent resolution provid- parents who can afford it so that they ing for adjournment of the House and Senate might be able to save their own money, ing the birth of this great Nation but for the Independence Day district work pe- in addition to the taxes they pay for meeting with and listening to what our riod. schools, save their own money and constituents have to say about the The SPEAKER pro tempore (Mrs. have the opportunity to move their issues that are important to them. I personally, as I am sure most Members EMERSON). The gentleman from Florida child to a better school. of this House, have numerous meetings (Mr. DIAZ-BALART) is recognized for 1 Once again, the President says he is hour. going to veto this because he says it is with constituent groups scheduled in Mr. DIAZ-BALART. Madam Speaker, unfair to the poor children. the next days. The Congress has very important for purposes of debate only, I yield the Well, no, Mr. President, you were un- spending decisions to make with lim- customary 30 minutes to the gentle- fair to the poor children when you ve- ited funds, and time spent in our dis- woman from New York (Ms. SLAUGH- toed the earlier bill. Are you going to tricts listening to the priorities of our TER). During consideration of this reso- couple that now to be unfair to the constituents will be very worthwhile. lution, all time yielded is for the pur- children whose parents work, save, sac- Therefore, Madam Speaker, I feel it pose of debate only. rifice and wish only that little bit of appropriate that we in the House re- Madam Speaker, I yield 3 minutes to edge that could come in tax-free sav- turn to our districts for the Independ- the gentleman from Texas (Mr. ings accounts for their children’s edu- ence Day work period to reflect to- ARMEY), distinguished majority leader. cation because, once again, Mr. Presi- gether with our constituents on the Mr. ARMEY. Madam Speaker, I dent, your complaint is it hurts the principles that founded this Nation and thank the gentleman for yielding me public schools? also to consult with them and think the time. This is no deduction in funds avail- out loud with them on the issues that Madam Speaker, we are about to able for the public schools. It is only a confront us in the weeks ahead. take up a resolution for adjournment modest increase in freedom and re- I would urge adoption of this resolu- for the Independence Day work period. sources to living parents who know tion, 491. It will be a good period of time for all themselves to be the child’s first, most Madam Speaker, I reserve the bal- of us to go home, be in touch with our dedicated teacher, to use their own re- ance of my time. constituents in our districts, some- sources to move the child to the best (Ms. SLAUGHTER asked and was thing we need to do, something we school possible. given permission to revise and extend enjoy doing. It is time, I believe, for all of this her remarks.) While we are home, Madam Speaker, government, the House, the Senate, Ms. SLAUGHTER. Madam Speaker, I undoubtedly we are going to encounter and the White House to respond to the thank the gentleman from Florida for so many constituents who are going to needs of the parents of America. Give yielding me the customary 30 minutes, again express their commitment to and each parent, rich or poor, able to save and I yield myself such time as I may their concern for the education of their or not, the opportunity to do what each consume. children. This is a major, major con- parent wants most deeply in their Madam Speaker, H. Res. 491 waives cern of the American people. The heart to do: provide the best possible all points of order against the consider- American people celebrate their good opportunity for their child. ation of the resolution providing for June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5303 the adjournment of the House and Sen- eral supported by more than 200 bipar- have not fulfilled the requirements of ate for the Independence Day district tisan cosponsors, Congress continues to the Budget Act in that all the appro- work period. blatantly ignore this mandate from the priations bills have not been passed, I Madam Speaker, why do we need to American people. myself stated that earlier, but I think waive points of order on this adjourn- Similarly we should be addressing it is important to look at history, even ment resolution? Because the Congres- child care and after-school care legisla- recent history, when our friends on the sional Budget Act, section 309, states, tion, like the America After School other side of the aisle controlled the ‘‘It shall not be in order in the House of Act. This program would expand after- majority in this House and had the Representatives to consider any resolu- school programs so that young people presidency, also, by a member of their tion providing for an adjournment pe- would have a safe place to go, with party, which obviously it is much easi- riod of more than 3 calendar days dur- stimulating activities and tutoring er when you do not have to negotiate ing the month of July until the House when the school day ends. This after- every single appropriations bill be- of Representatives has approved annual school care would decrease juvenile tween the White House and the Con- appropriations bills providing new crime while increasing student gress in divided government. Even then budget authority under the jurisdiction achievement, self-esteem and positive in the 103rd Congress, all the appro- of all subcommittees on the Committee behavior. priations bills were not passed before on Appropriations for the fiscal year Another pressing matter is genuine July 1. If we go back just a few years beginning on October 1 of such year.’’ campaign finance reform. Instead of a before that, to the 101st Congress, for Unhappily, the House has not met structured debate that allows Members example, only one appropriations bill this legal requirement. Even after to- to make rational choices, leadership had been passed before the July recess day’s actions, we will have passed has imposed a procedure designed to in the first session and we will have fewer than half of the 13 appropriations debate reform to death. Their unfair passed five today. If we go back just a bills. This failure to meet our legal rules call for the consideration of one few years before that, to the 97th Con- budget appropriations timetable is one constitutional amendment, 11 sub- gress, no appropriations bills had been more in a series of missed deadlines. stitute bills, 258 non-germane amend- passed by this House before the July Congress is required by the Budget Act ments, and an unlimited number of recess. I think it is important to point to complete action on the budget reso- germane amendments. But so far we that out. lution by April 15, but the House did have only considered one constitu- I think that it is also important to not pass its version of the budget reso- tional amendment, one substitute bill, point out and to put in context what lution until June 5. And the leadership and three amendments. That leaves us we have done, that it is the 105th Con- has refused to appoint conferees on the with 10 bills, hundreds of nongermane gress, with a majority on this side of resolution; so who knows when or if a amendments, and an unknown number the aisle, that has balanced the Federal final budget resolution will be adopted? of germane amendments to deal with budget for the first time in 30 years, The Budget Act also requires the and we are going on recess for nearly 3 and that is, I think, an accomplish- Committee on Appropriations to report weeks. ment that is something that we can all all annual appropriations bills by June Federal campaigns are becoming lit- in this House feel proud of. 10. No appropriations bills were re- tle more than a money chase to pay for Madam Speaker, I reserve the bal- ported by June 10 and, to date, only 6 increasingly expensive elections. In the ance of my time. have been reported. most recent election cycle, spending on Ms. SLAUGHTER. Madam Speaker, I By June 15, Congress is required by Federal elections shattered all records, have no requests for time, and I yield law to complete action on reconcili- reaching an estimated $1.6 billion. An back the balance of my time. ation legislation. However, since we all-time high of $500 million was spent Mr. DIAZ-BALART. Madam Speaker, have no budget resolution, we do not on just one type of advertising, broad- accordingly, I would simply reiterate even know whether we will have a rec- cast television, and yet voter turnout that this is an important resolution, onciliation bill this year or not. So, is at an all-time low. Fewer than half that it is appropriate that we be able Madam Speaker, the House has not of all eligible Americans exercise their to think out loud and consult with our met its basic responsibility to consider right to vote. The American people are constituents in the next days. the appropriations bills that fund the discouraged by a system in which Madam Speaker, I yield back the bal- Federal Government. money seems more important than ance of my time, and I move the pre- Is this because we have been dili- issues and the interests of large con- vious question on the resolution. gently considering other urgent busi- tributors seem more important than The previous question was ordered. ness? No. Unfortunately, this session the concerns of working families. If The SPEAKER pro tempore. The the House has passed very little legis- Congress were serious about fixing our question is on the resolution. lation that has a chance of being broken political system, we would pass The question was taken; and the signed into law. Instead we are voting campaign finance reform before going Speaker pro tempore announced that on bumper sticker bills and the con- out of session for nearly 3 weeks. the ayes appeared to have it. stitutional amendment of the week. Madam Speaker, I could go on about Ms. SLAUGHTER. Madam Speaker, I The American public is asking us to the unfinished agenda of the House, but object to the vote on the ground that a address issues that affect their lives. the bottom line is we have failed to quorum is not present and make the But the leadership refuses to move any meet our legal responsibilities under point of order that a quorum is not legislation that might benefit the pub- the Budget Act, and we have failed to present. lic if it has the slightest chance of up- address the issues our constituents The SPEAKER pro tempore. Pursu- setting its friends. have told us are important. ant to clause 5 of rule I, further pro- Madam Speaker, in light of the im- ceedings on this resolution will be b 1030 portance of our unfinished work, I postponed until later today. We should be working on bills to pro- must oppose this rule providing for a The point of no quorum is considered tect patients’ rights, like H.R. 306, nearly 3-week hiatus in the legislative withdrawn. which would ban genetic discrimina- work of this Congress. f tion in health insurance. We know Madam Speaker, I reserve the bal- Americans are profoundly concerned ance of my time. ON JACK NICHOLSON’S VISIT TO about the future of their medical care. Mr. DIAZ-BALART. Madam Speaker, CUBA Last week a Pew Research Center I yield myself such time as I may con- (Mr. DIAZ-BALART asked and was study showed that 69 percent of Ameri- sume. given permission to address the House cans believe the debate over HMO regu- Madam Speaker, I am a firm believer for 1 minute and to revise and extend lation is very important to the Nation, that history is a very important teach- his remarks.) and 60 percent said it is very important er. With regard to what was stated by Mr. DIAZ-BALART. Madam Speaker, to them personally. But instead of act- my distinguished colleague and friend I read in the press this morning that a ing on pending health care bills, sev- on the Committee on Rules that we well-known actor by the name of Jack H5304 CONGRESSIONAL RECORD — HOUSE June 25, 1998 Nicholson is right now in Cuba. Not WAIVING POINTS OF ORDER Notwithstanding the static revenue only did he arrive there and apparently AGAINST CONFERENCE REPORT estimate provided by the Joint Com- demonstrate his intention to violate ON H.R. 2676, INTERNAL REVE- mittee on Taxation, the Federal Gov- U.S. law, but he called, according to NUE SERVICE RESTRUCTURING ernment and State governments will the press reports that I read this morn- AND REFORM ACT OF 1998 see an increase in revenues from the ef- ing, Castro’s Cuba a ‘‘paradise.’’ Mr. DREIER. Madam Speaker, by di- fect of investors unlocking what here- rection of the Committee on Rules, I tofore has been unproductive capital. I would recommend to Mr. Nicholson, The unlocking effect from the reduc- or to the President of Colombia, the call up House Resolution 490 and ask for its immediate consideration. tion in the capital gains tax rate to 20 gentleman whose visa has been denied The Clerk read the resolution, as fol- percent is primarily responsible for to enter the United States because of lows: this year’s budget surplus. Also, as our allegations that he received money economy is further buffeted by the ef- H. RES. 490 from the narcotraffickers in his cam- fects of the Asian economic crisis, Resolved, That upon adoption of this reso- streamlining the capital gains holding paign for President 4 years ago, I would lution it shall be in order to consider the recommend that both of them in the conference report to accompany the bill period will boost investment, capital so-called paradise as described by Mr. (H.R. 2676) to amend the Internal Revenue formation and economic growth. And I Nicholson, that they seek to visit some Code of 1986 to restructure and reform the will say parenthetically that I am very of the political prisons, some of the Internal Revenue Service, and for other pur- pleased that the Speaker has intro- prisons, of the hundreds of prisons in poses. All points of order against the con- duced legislation to take that top rate ference report and against its consideration Cuba while they are staying in the so- down to 15 percent. Nearly 170 of my are waived. The conference report shall be colleagues, Democrats and Republicans called paradise. considered as read. alike, joined in the first session of the There are, just to pick four examples, The SPEAKER pro tempore. The gen- 105th Congress to get it to 14 percent. perhaps the most well-known of the tleman from California (Mr. DREIER) is So, we are headed in the right direc- leaders of the internal opposition in recognized for 1 hour. tion. Cuba, the dissidents, are in dungeons in Mr. DREIER. Madam Speaker, for As I mentioned, this is a historic bill that paradise, according to Mr. Jack the purpose of debate only, I yield the that will bring about the first com- Nicholson. The dictator in Cuba, who customary 30 minutes to my very good prehensive reform of the IRS in four has kept them there since July of 1997, friend, the gentleman from Dayton, OH decades. It will make the IRS more the four most well-known leaders of (Mr. HALL), pending which I yield my- user friendly by, among other things, self such time as I may consume. Dur- the internal opposition in Cuba, has establishing an independent governing ing consideration of this resolution, all kept them in that dungeon, by the way, board and shifting the burden of proof time yielded is for the purpose of de- from the taxpayer to the IRS in dis- for the crime of publishing a document bate only. putes that reach Tax Court. These re- entitled ‘‘The Homeland Belongs To (Mr. DREIER asked and was given forms will make the IRS more account- All’’ in which they call for free elec- permission to revise and extend his re- able to the American people. They will tions and a peaceful transition to de- marks and include extraneous mate- enhance the fairness of the tax collec- mocracy in Cuba. The Cuban dictator rial). tion process by giving the taxpayer the has not even decided yet what to Mr. DREIER. Madam Speaker, this benefit of the doubt when he or she has charge them with. That is the so-called rule is needed to waive points of order cooperated with the IRS and has docu- paradise, according to Mr. Nicholson. against the conference report on H.R. mented evidence of compliance. So I would urge these millionaire 2676, the IRS Restructuring and Reform These reforms will not solve the visitors who go to the apartheid econ- Act. This legislation is the culmination more intractable problems brought on of years of dedicated effort and hard omy of Castro and partake of the pleas- by a complicated and inefficient Tax work by my colleague from Cincinnati, Code. The solutions to those broader ures available due to the slavery of the OH (Mr. PORTMAN) and the chairman of problems require comprehensive re- Cuban people, and when they call that the Committee on Ways and Means the form of the Internal Revenue Code so-called workers’ paradise, as Nichol- gentleman from Texas (Mr. ARCHER). itself, which I hope the House will ad- son did, a paradise, that they ask to Before outlining the historic nature dress next year. But the reforms con- visit the political prisons, or perhaps of the conference report this rule would tained in H.R. 2676 will go a long way the widows or the orphans of the tens make in order, I first want to applaud toward protecting the right of tax- of thousands of victims of that so- the gentleman from Texas for his te- payers, making the IRS more account- called paradise. nacity in overcoming the Clinton ad- able and restoring public confidence in It is shameful to see the attitude of ministration’s opposition to bringing the way the IRS enforces our tax laws. these Jack Nicholsons of the world, the some badly needed sanity to the tax Madam Speaker, I urge my col- rich who believe they have no limits code. I am referring, of course, to the leagues to support both the rule and and who now go to the so-called work- provision to roll back the absurd 18- the conference report. month capital gains holding period Madam Speaker, I reserve the bal- ers’ paradise only 90 miles from our that the President insisted on in the ance of my time. shores to partake of the forbidden Taxpayer Relief Act of 1997. That extra Mr. HALL of Ohio. Madam Speaker, I apple in all of its pleasures. It is sick- holding period turned the Schedule D yield myself such time as I may con- ening. It shows really the ugliest side form into the Rubik’s Cube of tax sume. of our free enterprise system, that forms, frustrating millions of families Madam Speaker, I want to thank my some of these people with no con- with unnecessary recordkeeping and colleague from California (Mr. DREIER) science and no sensitivity would go and complexity and also making it difficult for yielding me the time. make statements like that and violate for honest taxpayers to comply with As my colleague described, this is a our laws and not be concerned about the law. rule for consideration of the conference for 40 years the lack of the most ele- report on H.R. 2676. This is a bill to re- b 1045 mental freedoms, the lack of democ- structure the Internal Revenue Serv- racy, and call a place like that totali- Thanks to the inclusion, Madam ice. The rule waives all points of order tarian nightmare a paradise. Speaker, of the Archer rollback provi- against the conference report. This bill sion in this conference report, millions will transform the agency into a more And so shame upon people like Nich- of American families will no longer customer-service-oriented operation olson. And also the President with the have to endure endless hours of mind- that resolves taxpayers’ problems right campaign contributions from the less calculations to complete that away instead of letting problems drag narcotraffickers. Obviously he feels Schedule D. on. comfortable in the land of a head of the But there are other benefits to the I want to point out to my colleagues narcotraffickers, the Cuban dictator. rollback as well. that the IRS has already taken steps to June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5305 improve service in advance of this bill. refrained from speaking on this floor lack of transparency and arbitrary ap- For example, it has expanded telephone about that issue, as I say, while our plication of regulations and laws limit assistance, it has instituted nationwide President is in China. But then I found U.S. service imports, exports and in- problem-solving days, it strengthened out that the Committee on Ways and vestments in China. My colleagues can the Office of the Taxpayer Advocate Means had sneaked this provision into read for themselves more and more and has increased accountability for this bill. When I had spoken to mem- about that in here. IRS management. bers of the committee, they said, ‘‘No, Since Tiananmen Square in 1998, the The legislation also directs the IRS it’s not in there; I’ve read the entire trade deficit has soared from $3 billion commissioner to simplify the current bill, it’s not in there.’’ But upon fur- at that time to a projected $63 billion complicated IRS structure and replace ther investigation it was learned that for 1998. It is important for our col- it with a new organization that will changing the name of ‘‘most favored leagues to note that because of these better serve taxpayers. This is a goal nation’’ status to ‘‘normal trade’’ sta- high tariffs most products made in which is shared by the commissioner. tus was put into this bill. America do not have access to the Chi- I regret that the conferees inserted I can understand why my colleagues nese market. Indeed, less than 2 per- provisions in the conference report would not want to face up to this, be- cent of our exports are allowed into the that do not belong and, in my opinion, cause it is not right, and they must be Chinese market, while we import near- are unwise. ashamed of what they are doing or else ly over 35 percent of Chinese exports I am particularly concerned about they would let this decision be faced by into our market. the provision that changes the name of this Congress standing on its own in The list goes on and on about lack of ‘‘most-favored-nation’’ trading status the full light of day. But, my col- market access, violation of intellectual to ‘‘normal trade’’ relations. This name leagues, you can call it whatever we property which continues (ask the soft- change is more than just symbolism. It want. It is not a rose, so I will not say ware industry), technology transfer, is a prelude to a fundamental shift in a rose by any other name is still a rose production transfer, transshipment of the way we set our trading policies. because it is more like a thorn, a thorn textile goods, and the use of forced Madam Speaker, most-favored-nation in the side of the American worker. labor for export. The trade violations trading status is earned by our trading I have here the chart about the trade alone would be enough to say that this partners. It is a reward for nations that deficits with the People’s Republic of is not, call it what we want, a normal have policies we can support. It can be China, and if I continued this chart to trade relationship, and then when we denied to countries that do not con- 1998, my colleagues would see that in consider the leverage that we would form, do not conform to our high the years of the Clinton administration have with this huge trade deficit to im- standards such as those with a record alone, by the end of 1998, the trade defi- prove the human rights situation in of extreme human rights violations. cit with China will be about a quarter China and to stop the proliferation of Changing the name is part of an ef- of a trillion dollars. That is not million weapons of mass destruction, my col- fort to reduce the use of trade status as with an M, billion with a B, it is TR, leagues can see that we are wasting an a tool of diplomacy especially to com- trillion dollars, and that trade deficit opportunity. Speaking of the President’s trip, one bat human rights abuses. If we change continues to grow. of the commentators said, ‘‘Well, when the name to ‘‘normal trade’’ relations, Our colleagues boast that China buys the President goes there, we will see the implication is that all countries nearly $13 billion from us, and that that there’s more in China than repres- are entitled to this status. that number has increased. At the sion.’’ Well, as long as repression is The term ‘‘most-favored-nation’’ goes same time, the Chinese exports to the there, we should use every tool at our back to the 18th century. It has been United States have grown to $62 billion disposal to make sure that it does not used throughout the history of the for 1997, will be close to $80 billion for exist. If we are true to who we are as United States and by our trading part- 1998, resulting in a trade deficit pro- Americans, the central core value of ners. It has worked well and should not jected for 1998 of about over $63 billion. promoting democratic values should be be changed. In addition to the high tariffs which central. It should be not only on the When the Committee on Rules con- block access to most products made in table, it should be the table on which sidered the rule, I offered a motion to America to the Chinese market, China other concerns rest. delete this section. Despite some sup- has engaged in other nontariff barriers And so I say with regret, ‘‘Shame, port I received in the committee, and I to our products. Let us talk about the shame, shame that the Committee on appreciate that support, my amend- tariffs for a moment. And do not take Ways and Means with the Committee ment did fail. my word for it. This is the Foreign on Rules is sneaking this in so that I will not oppose the rule and risk de- Trade Barriers Report of the U.S. Members are forced to vote for some- laying the legislation which is impor- Trade Representative’s Office. It is the thing in the dark in the interests of tant to the American people. However, 1998 National Trade Estimate Report, passing a bigger law.’’ I remain opposed to the MFN provision and in it the trade rep says China re- Mr. DREIER. Madam Speaker, I yield in the manner in which it is being stricts imports through a variety of myself such time as I might consume forced upon the House. means including high tariffs and taxes, to respond to the statement of my very Madam Speaker, I reserve the bal- nontariff measures and limitations on good friend from California (Ms. ance of my time. which enterprises can import, and PELOSI). Mr. DREIER. Madam Speaker, I have other barriers. For example, China has For starters, this was not secretively no requests for time, and I reserve the used prohibitively high tariffs which in stuck into this measure. It has been, balance of my time. late 1997 still reached as high as 100 discussed frankly for years. There are Mr. HALL of Ohio. Madam Speaker, I percent on some motor vehicles. many people who for a long period of yield 3 minutes to the gentlewoman In the interests of time I will not time have said, ‘‘Why don’t we have from California (Ms. PELOSI). read all of that, but just to conclude on truth in advertising? Why is it that we Ms. PELOSI. Madam Speaker, I that point, I say that these nominal call something that is not in fact a fa- thank the gentleman from Ohio (Mr. high tariff rates to which China adds vored nation status what it is: normal HALL) for yielding this time to me. I applicable value-added taxes on some trade relations?’’ rise, unfortunately, I rise in opposition goods, consumption taxes contribute to So for years people have been advo- to the rule on a bill that I had hoped to inefficiencies in China’s economy pose cating this, and over the last several come to the floor to support today, and a major threat to U.S. commercial op- weeks a number of individuals have I do say I regretfully oppose this rule portunities. said, ‘‘Gosh, as we proceed with the de- for the following reason: I would not be opposed to most fa- bate on the traditional MFN issue There has been a good deal of debate vored-nation-status for China if China which will be coming up most likely about trade with China in this Con- extended it to the United States. In ad- the week of July 20, a number of peo- gress. But I really did not think we dition, in terms of service barriers, ple, Democrats and Republicans alike, would be having any today as the while China has promised to liberalize said, ‘‘Why don’t we find an oppor- President starts his trip. I have myself access, restrictive investment laws, tunity to finally establish normal H5306 CONGRESSIONAL RECORD — HOUSE June 25, 1998 trade relations and call them exactly country, but against the interests of tleman from Ohio (Mr. HALL) and I what they are?’ ’’. all people. share the exact same goals. We obvi- There are five countries that do not For years, even from the 18th cen- ously are approaching them in a slight- enjoy what is now considered to be a tury, we have spoken out about most- ly different way. so-called most-favored-nation trading favored-nation. That is a name that is Madam Speaker, I yield 2 minutes to status. They are Afghanistan, Cuba, beyond symbolism. It carries the name the gentleman from San Diego, Califor- Laos, North Korea and Vietnam. It is of the United States. It means our nia (Mr. BILBRAY), my very good friend, basically the rest of the world has this country and what we stand for. It is a who is an expert on tax issues and is kind of status, and we believe very connotation that is good and it is very pleased with a provision that has strongly that it is important for us to right. been incorporated in this conference do what we can to get our Western val- I remember when the gentleman from report dealing with the effective date ues into China. Virginia (Mr. WOLF) and the gentleman on the Tax Code. Now my friend from San Francisco from New Jersey (Mr. SMITH) and my- Mr. BILBRAY. Madam Speaker, I very correctly talked about the imbal- self went to Romania several years have to make an editorial note that ance of trade with the People’s Repub- ago. The people in Romania, especially this issue of what is a most-favored-na- lic of China that exists, and she is the people that had been oppressed, tion status reminds me of the rest of right, there is an imbalance of trade. would press upon us as we spoke in the ‘‘Washington speak’’. This is the But there are two points that I would churches and different places, and they city where you can have a 7.5 percent like to make as it relates to that. First would press notes all over us, put them increase and they call it a cut; call and foremost, she falls into that trap of in our pockets, and when we got back something a balanced budget that the the neo-mercantilist view of trade, to our hotel at night, we would have 50, rest of America would not call a bal- that the only benefit for trade is ex- 60 notes of people telling us about tor- anced budget; and now we talk about ports; not recognizing that the stand- ture and oppression, to please do some- most-favored-nation relationship, and ard of living in the United States of thing about it. Even then, under the it is a misnomer. America is as high as it is because the old regime of Romania, people under- It is not about China or anything world has access to our consumer mar- stood what most-favored-nation status else. I think we need to talk about is ket. was all about. Washington going to start speaking When we came back, the gentleman And the second point that I think is plain English like the rest of us? The from Virginia (Mr. WOLF), the gen- very important that needs to be made most-favored-nation status to America tleman from New Jersey (Mr. SMITH) here is the fact that as we have ob- happens to be Canada and Mexico. That and myself sponsored legislation to served job shifts, they have taken place is a fact of life. Some people may not take most-favored-nation away from within the Pacific Rim. It is not this like it, some of us are concerned about Romania because it was not normal flow of U.S. jobs that have been going it, but I think the issue here about do trade relations. It was something that to China, as some would have us be- we speak plain English when we start is very special. talking about our business in this lieve, but it has been the shift of jobs It took us three years to fight that, body, I think there is a good argument from Singapore, Taiwan, Hong Kong, and we fought it on the floor. We fi- South Korea and other countries with- nally succeeded, and a year later, a of saying we should do it across the in the Pacific Rim. year later, the country’s power, the board, not just with the trade issue. But getting back to home, let us talk As we have seen those shifts take country’s government did fall. I cannot about something near and dear to place, what has happened? say it was as a result of us taking Americans here in the United States, b 1100 most-favored-nation away, but I think and that is our tax structure, our Tax We have been able to see the cost of it helped because it enabled us in this country to speak out towards oppres- Code. products coming into the United States Madam Speaker, I happen to own a sion, whether it be religious, political, and going to the other parts of the tax business and have owned a family world come at a lower level. So it economic, whatever it would be. Most-favored-nation is something we tax business for a while now. My wife seems to me all we are providing here have had for years in this country, and runs our tax business. I just got off the is truth in advertising by changing this it is something that both people that phone with the young lady who runs from ‘‘MFN’’ to ‘‘normal trade rela- are in favor and people that are not in my business, my wife, and her com- tions.’’ It is the right thing to do. Even favor, dissidents all over the world ment was this. ‘‘When you start talk- opponents of MFN in the past have told have come to understand what it ing taxes, you start talking thresholds, me, ‘‘Why don’t you call it exactly means. It is not normal. It is a privi- will you please try to make it as sim- what it is?’’ lege, and we want to defend it. We be- ple as possible?’’ So we are doing the right thing here, lieve in it, and that is why we are very Why do Americans across this coun- and I urge my colleagues to support much against this change in the name. try have to go to people like my wife to both the rule and the conference report Mr. DREIER. Madam Speaker, I yield be able to get their taxes done? It is be- when we proceed with it. myself such time as I may consume. cause Washington keeps making it Madam Speaker, I reserve the bal- Madam Speaker, I would simply say more complicated. ance of my time. that my colleague, the gentleman from I want to praise this bill because it Mr. HALL of Ohio. Madam Speaker, I Ohio (Mr. HALL), and I obviously share finally is getting back to the basics. yield myself such time as I may con- the exact same goal. It is very clear Let us start with January 1 as being sume. that those of us who believe in the the beginning of the year. What a radi- Madam Speaker, I would respond to power of markets want to deal with the cal concept. Finally we are getting a my friend, the gentleman from Califor- horrendous repression that exists in message across that maybe Washington nia (Mr. DREIER), in that I too am op- China and other parts of the world. It should start living by the rules that ev- posed to the changing of the name to is just that we believe passionately erybody else lives by, and one of them normal trade relations from most-fa- that western values are best epito- is January 1 should be the beginning of vored-nation, because I do not really mized with the movement of free mar- the time for our tax year, as much as think it is a normal trade situation. kets, and we believe that the best way possible. I think it is a privilege to trade with to undermine political repression is to I praise this bill and I want to reflect this country. It is what this country is get those things in there. In fact, I the praise that my wife sends to this all about. It is what we stand for. We have concluded and said here time and Congress, of keep it simple when you stand for fairness, we stand for fighting time again that trade promotes private can. Let us make it January 1, the be- oppression. We stand for not only lov- enterprise, which creates wealth, which ginning of the year. I want to thank ing other people, but we also stand for improves living standards, which un- the Congress for doing that. displeasure when a country does some- dermines political repression. Also, let us say this is the beginning thing that is very much what we think So I would just like the record to of doing other things, of making the is not only against the interests of our show, Madam Speaker, that the gen- entire Tax Code simpler. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5307 Mr. HALL of Ohio. Madam Speaker, I frustration knows that our tax system this resolution shall be considered as adopt- yield 2 minutes to the gentlewoman today is simply too complicated. We ed in the House and in the Committee of the from California (Mrs. CAPPS). must simplify the Tax Code so that the Whole. Points of order against provisions in Mrs. CAPPS. Madam Speaker, I the bill, as amended, for failure to comply average American does not need a with clause 2 or 6 of rule XXI are waived ex- thank the gentleman for yielding me Ph.D. in accounting to complete his or cept as follows: page 104, line 14, through time. her taxes. page 106, line 12. The amendments printed in Madam Speaker, I rise to support I urge support for this first step in part 2 of the report of the Committee on this rule and this bill which will finally IRS reform. Rules may be offered only by a Member des- bring reform to the Internal Revenue Mr. HALL of Ohio. Madam Speaker, I ignated in the report and only at the appro- System. have no further requests for time, and priate point in the reading of the bill, shall In my recent campaign I spoke about I yield back the balance of my time. be considered as read, shall be debatable for taxes with thousands of residents of the time specified in the report equally di- Mr. DREIER. Madam Speaker, I yield vided and controlled by the proponent and an the central coast of California. They myself such time as I may consume. opponent, shall not be subject to amend- told me three things: First, get the IRS Madam Speaker, I rise to simply en- ment, and shall not be subject to a demand off the backs of innocent taxpayers; courage my colleagues to support this for division of the question in the House or second, simplify the Tax Code; and, rule. It is a very fair and balanced rule. in the Committee of the Whole. All points of third, please let us keep a little more It will finally bring about much needed order against the amendments printed in the of our hard-earned money in our pock- reform of the Internal Revenue Serv- report are waived. During consideration of ets. the bill for further amendment, the Chair- ice, which the American people are des- man of the Committee of the Whole may ac- This important bill does all three. No perately seeking. It will provide truth cord priority in recognition on the basis of longer will American taxpayers be con- in advertising by finally taking that whether the Member offering an amendment sidered guilty until proven innocent. MFN moniker and changing it to what has caused it to be printed in the portion of The capital gains tax has been sim- it is, normal trade relations. I hope we the Congressional Record designated for that plified, which will bring welcome relief can pass this overwhelmingly. purpose in clause 6 of rule XXIII. Amend- to everyone who has struggled with Of course, it will bring the very, very ments so printed shall be considered as read. this complicated new Schedule D form, The chairman of the Committee of the Whole important end to that horrendous 18- may: (1) postpone until a time during further and the capital gains provision will month holding period on capital gains, consideration in the Committee of the Whole allow working families to use more of which cannot be forgotten. I know my a request for a recorded vote on any amend- their investment income for important friend in the Chair was a cosponsor of ment; and (2) reduce to five minutes the min- needs like retirement or college edu- H.R. 14 to cut that top rate on capital imum time for electronic voting on any post- cation. gains, and we are hoping to go further poned question that follows another elec- This is a good bill. It is long overdue. with that, but this is a very good first tronic vote without intervening business, I urge my colleagues to support the provided that the minimum time for elec- step. tronic voting on the first in any series of IRS Restructuring and Reform Act. Madam Speaker, I yield back the bal- Mr. DREIER. Madam Speaker, I yield questions shall be 15 minutes. At the conclu- ance of my time, and I move the pre- sion of consideration of the bill for amend- myself such time as I may consume. vious question on the resolution. ment the Committee shall rise and report Madam Speaker, I rise simply to as- The previous question was ordered. the bill, as amended, to the House with such sociate myself with the very eloquent The SPEAKER pro tempore (Mrs. amendments as may have been adopted. The words of my very dear friend, the gen- EMERSON). The question is on the reso- previous question shall be considered as or- tlewoman from Santa Barbara, Califor- lution. dered on the bill and amendments thereto to final passage without intervening motion ex- nia (Mrs. CAPPS). The resolution was agreed to. Mr. HALL of Ohio. Madam Speaker, I cept one motion to recommit with or with- A motion to reconsider was laid on out instructions. yield two minutes to the gentleman the table. b from New Jersey (Mr. ROTHMAN). f 1115 (Mr. ROTHMAN asked and was given The SPEAKER pro tempore (Mrs. permission to revise and extend his re- PROVIDING FOR CONSIDERATION EMERSON). The gentleman from Colo- marks.) OF H.R. 4104, TREASURY AND rado (Mr. MCINNIS) is recognized for 1 Mr. ROTHMAN. Madam Speaker, I GENERAL GOVERNMENT APPRO- hour. am pleased to see that we are finally PRIATIONS ACT, 1999 Mr. MCINNIS. Madam Speaker, for taking up passage of legislation de- Mr. MCINNIS. Madam Speaker, by di- purposes of debate only, I yield the cus- signed to rein in the IRS. We have all rection of the Committee on Rules, I tomary 30 minutes to the gentlewoman heard the stories about the worst IRS call up House Resolution 485 and ask from New York (Ms. SLAUGHTER), pend- nightmares in the Nation, people com- for its immediate consideration. ing which I yield myself such time as I mitting suicide, families going bank- The Clerk read the resolution, as fol- may consume. During the consider- rupt and losing their small businesses. lows: ation of this resolution, all time yield- Last October I walked door-to-door and H. RES. 485 ed is for purposes of debate only. business-to-business in my district and Resolved, That at any time after the adop- Madam Speaker, this is an open rule heard from taxpayers about their own tion of this resolution the Speaker may, pur- that waives points of order against battles with the IRS. suant to clause 1(b) of rule XXIII, declare the consideration of the bill for failing to The IRS has an extremely important House resolved into the Committee of the comply with clause 2(l)6 of rule XI re- job to do, but today we are making Whole House on the state of the Union for quiring a 3-day layover of the commit- their job a little bit easier, and we are consideration of the bill (H.R. 4104) making tee report, or clause 7 of rule XXI, re- making the IRS a more fair, more effi- appropriations for the Treasury Department, quiring printed hearings and reports to cient, and more taxpayer-friendly the United States Postal Service, the Execu- be available for 3 days prior to the con- tive Office of the President, and certain agency. But my friends, this bill is sideration of general appropriation only the beginning. Next we must re- Independent Agencies, for the fiscal year ending September 30, 1999, and for other pur- bills. peal the marriage penalty, which pun- poses. The first reading of the bill shall be House Resolution 485 provides for 1 ishes two-income married couples. A dispensed with. Points of order against con- hour of general debate, equally divided married couple pays more in income sideration of the bill for failure to comply between the chairman and ranking taxes than if they were unmarried. with clause 2(l)(6) of rule XI or clause 7 of member of the Committee on Appro- This is simply unfair and sends the rule XXI are waived. General debate shall be priations. wrong message about the importance confined to the bill and shall not exceed one Madam Speaker, House Resolution of families in our country. We must re- hour equally divided and controlled by the 485 also provides that the amendments peal the marriage penalty now. chairman and ranking minority member of printed in part 1 of the report of the the Committee on Appropriations. After gen- Finally, we must also make our Tax eral debate the bill shall be considered for Committee on Rules accompanying the Code much simpler. Anyone who has amendment under the five-minute rule. The resolution be considered as adopted in spent long hours huddled over their amendments printed in part 1 of the report the House and in the Committee of the 1040 with broken pencils and piles of of the Committee on Rules accompanying Whole House. H5308 CONGRESSIONAL RECORD — HOUSE June 25, 1998 House Resolution 485 waives points of port it very much. It is an open rule, It is called Y2K, in the popular lan- order against provisions in the bill, as and it gives all Members of the House guage, which is a small name for what amended, which do not comply with an opportunity to offer amendments is going to be a huge problem. clause 2 of rule XXI prohibiting unau- that are germane and otherwise in If left unchecked, this could result in thorized or legislative appropriations compliance with House rules. major chaos and confusion throughout in a general appropriations bill, and I also think that the underlying bill, the country, ranging from serious clause 6 of rule XXI, prohibiting reap- for the most part, is fair and worthy of threats to our national security, a propriations in a general appropria- support. It provides $13.2 billion in dis- crash in the stock market, failure of tions bill, except as specified by the cretionary budget authority, which is a our Air Traffic Control system, and the rule. slight increase from last year’s bill. It inability to process Social Security Additionally, Madam Speaker, House funds most programs at the levels re- checks, or any others, on time. And if Resolution 485 waives all points of quested, levels that will adequately it is not fixed on time, the two places order against the amendments printed support the programs and services cov- I am told not to be are on an airplane in part 2 of the Committee on Rules re- ered by the bill. or a patient in a hospital at midnight, port, and provides that such amend- But one major exception, however, is December 31, 1999. ments shall be offered only by a Mem- the Federal Election Commission, Experts on the so-called ‘‘millennium ber designated in the report, shall be which is funded significantly below the bug’’ have been warning us for years considered as read, shall be debatable level necessary for the FEC to do its about this impending doom, and they for the time period specified in the re- job properly and effectively. Further- have worked hard to warn the public, port, equally divided and controlled by more, authorizing language imposing but they are frustrated by the lack of a a proponent and an opponent, shall not term limits for the Commission’s staff timely response. It is up to us in Con- be subject to amendment, and shall not director and general counsel will also gress to step up to the plate and make be subject to a demand for a division of hamstring the FEC’s ability to do its certain that this matter gets the atten- the question. work in a fair and impartial manner. tion and financial support that it des- Furthermore, this rule provides for The rule protects from a point of perately needs. That is why we are priority in recognition for those order critical legislative language to elected, to take responsibility for the amendments that are preprinted in the implement a new, fair, and reasonable well-being of our people and our Na- CONGRESSIONAL RECORD, and provides pay system to adequately compensate tion. that the chairman of the Committee of Federal firefighters for overtime. Such The Committee on Appropriations, to the Whole may postpone recorded votes a provision is necessary because of the their credit, did just this by putting on any amendment and that the chair- unique and unusual pay system for emergency funding in this bill and the man may reduce voting time on post- these brave men and women. Cur- defense bill for the Y2K situation. But poned questions to 5 minutes, provided rently, there is a pay inequity between my Republican colleagues have decided that the voting time on the first in a the Federal firefighters and their mu- that this can wait. They have decided series of questions is not less than 15 nicipal and civil service counterparts. to remove the emergency funds from minutes. I strongly support this language and both these bills. Finally, the rule provides for one mo- its protection in the rule. The measure This has the potential to be a crisis tion to recommit with or without in- has 153 bipartisan cosponsors, and is of major proportions, and it will not go structions. At the conclusion of the supported by the administration. We away. We are wasting precious time consideration of the bill for amend- are currently experiencing devastating with our finger-pointing and partisan ment, the committee shall rise and re- fires in Florida, and must ensure that squabbling. We need to get money in port the bill to the House with such those who risk their lives fighting fires the pipeline immediately to begin ad- amendments as may have been adopt- are compensated fairly for their brave dressing this extraordinarily complex ed. Finally, Madam Speaker, the rule efforts. and dangerous situation. I am disappointed that the rule did provides 1 motion to recommit, with or They said, we will do it later in an- not protect from a point of order an- without instructions. This rule was re- other bill, but we do not see another ported out by the Committee on Rules other provision in the bill to address a bill on the schedule to address this by voice vote. pay problem for Federal employees. We major problem. After the House fin- Madam Speaker, the underlying leg- passed a bill to create a fairer pay sys- ishes its business today, we will ad- islation, which makes the appropria- tem by a margin of 383 to 30, and Presi- journ for a 2-week recess. tions for the Treasury Department, the dent Bush signed it into law in 1990. Madam Speaker, I do not know do United States Postal Service, the Exec- Unfortunately, the bill lacked a defini- not know a lot about computers, but I utive Office of the President, and cer- tion of what constitutes an economic do get the feeling that we do not have tain Independent Agencies for fiscal crisis, and without that definition, the a lot of time to fix this problem. Every year 1999, is important legislation. new system will not be implemented. day we lose attempting to address the Nearly 90 percent of the activities Language in this bill would fix the situation counts dearly. We are playing funded under this bill are devoted to problem, but unfortunately, the rule with fire by not dealing with the Y2K the salaries and expenses of approxi- does not protect the language from a matter immediately. mately 163,000 employees who are re- point of order. It is regrettable that ef- I hope for all of our sakes that our sponsible for administering programs forts to reform Federal employees’ pay colleagues are genuine in their promise such as drug interdiction, presidential continues to be ignored. to make this a top priority. This protection, violent crime reduction, The bill contains and the rule pro- should not be a political issue, because and Federal financial management. tects a provision requiring all Federal we are failing in our duty to our con- Additionally, H.R. 4104 provides $1.8 health plans to provide prescription stituents and our Nation if we do not billion for drug-related activities, in- contraceptive coverage to Federal act responsibly and take action imme- cluding a $195 million national media workers. Certainly anyone interested diately. It is far too important, not campaign targeting youth drug use, in reducing unintended pregnancies just in our country but worldwide as and doubles the funding for the Drug- should support that language. well. We must act now. Free Communities Act of 1997. I en- Having said all that, Madam Speak- Because of this self-executing provi- courage my colleagues to support the er, I would like to take a minute to ad- sion to remove this critical funding, I rule and the underlying legislation. dress my concern with the rule and must oppose this rule, and I urge Mem- Madam Speaker, I reserve the bal- why I must oppose it. The bill reported bers to join me in voting no on the ance of my time. out of the Committee on Appropria- rule. Ms. SLAUGHTER. Madam Speaker, I tions contained $2.25 billion to deal Madam Speaker, I reserve the bal- yield myself such time as I may con- with an enormous computer problem ance of my time. sume. that threatens to bring the country’s Mr. MCINNIS. Madam Speaker, I Madam Speaker, I reluctantly oppose computers to a halt when the yield myself such time as I may con- this rule, because I would like to sup- campagne corks pop for the year 2000. sume. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5309 Madam Speaker, I would just note at Madam Speaker, I reserve the bal- b 1130 the very beginning of this conversation ance of my time. And so the gentleman from Louisiana on the rule that my colleague, the gen- Ms. SLAUGHTER. Madam Speaker, I (Mr. LIVINGSTON), chairman of the tlewoman from New York, makes the yield 7 minutes to the gentleman from Committee on Appropriations, in con- statement that this Y2K problem Maryland (Mr. HOYER). versation with the Speaker, agreed to should not be political, but preceding Mr. HOYER. Madam Speaker, I recommend this. And the Republicans that statement, the three paragraphs thank the gentlewoman for yielding and Democrats in the Committee on before, it was 100 percent political. time to me. Appropriations voted these bills out. So I ask her, do not make the kind of Madam Speaker, I want to first of all But lo and behold, there are some statement that this should not be po- respond to my chairman and my friend, who would say, no, this is not an emer- litical when the gentlewoman talks the gentleman from Louisiana (Mr. gency, we will wait; just like with the like that. She is trying to make it po- LIVINGSTON), as well as to the gen- BESTEA bill, that we are going to fund litical. The fact is, the money is going tleman from Colorado (Mr. MCINNIS). this at a later date. Ways and means to to be there. We are going to appro- The fact of the matter is that this be announced. Vote with us now on priate the money. I will make it politi- administration did make a request that faith. cal: The administration should have over $1 billion specifically be included Madam Speaker, we ought not to do been addressing this a year and a half in a $3.5 billion emergency request for that. We ought to reject this rule and ago. They have not been doing it, and Bosnia and for Y2K, so the representa- we ought to go back to the drawing now the bell is beginning to toll. We re- tion that this administration did not board. And, frankly, the Speaker and alize we have a problem there. address it is simply wrong. I hope it is the chairman of the committee ought Madam Speaker, I yield such time as wrong because of a lack of information, to again come to their conference and he may consume to my good friend, the as opposed to an intent to mislead. I say the responsible thing to do is to gentleman from the State of Louisiana am sure the latter is not true. But it is make sure that we solve this problem, (Mr. LIVINGSTON), the chairman of the nevertheless wrong. This administra- that we confront it honestly and we do Committee on Appropriations. tion has addressed this problem. it now. Now, if at some point in time Mr. LIVINGSTON. Madam Speaker, I Now, as the private sector has experi- later we want to fund that, we can do thank my friend from Colorado. On ex- enced, the Federal Government has it. Nothing precludes that. The only actly that note, I just happened to also experienced an emergency situa- thing that we are doing now is delaying walk in here and hear some phenome- tion, an emergency that both in the the decision. We should not do that. nal statements. Madam Speaker, I regret that. And I The fact is that this Congress is fac- public and private sector has grown ex- ponentially, where the private sector, want to say that the gentleman from ing up to the funding demands for the Arizona (Mr. KOLBE), chairman of my Y2K problem. We are in the process of like the public sector, has experienced a growing scope of the problem and a subcommittee, and I agree on this. He providing appropriations for them, believed this ought to be. I did not put even though, and I want to stress this, growing expense to solving the prob- lem. it in. We do not have the votes on my even though the administration has subcommittee to put this in. It is 7-to- There is no option to solving the not requested enough money for the 4 when we vote from a partisan stand- problem, period. As has been said, no Y2K problem. We have been telling point and there was no dispute in the one wants to be on an airplane when them, look, it is a big problem, for a subcommittee, either from the seven FAA’s computers decide that they can- long time. OMB, the Office of Manage- Republicans or the four Democrats. ment and Budget, has basically ignored not function because they have not So I lament the fact that there has it. They have taken the attitude, oh, contemplated the change of centuries. been some change because some Mem- we will worry about it manana; it is I will tell the Members, Mr. Speaker, bers of the Republican Conference felt some ephemeral thing, let the Wizard previous administrations and this ad- this was not the way they wanted to of Oz take care of it. ministration have purchased a lot of proceed. That was not reflective of the We cannot afford to do that anymore. information technology, as the private Republican leadership of the Commit- The fact is, the administration has not sector has purchased information tech- tee on Appropriations, nor for a period been realistic. The Vice President, Vice nology, that does not contemplate the of time, at least, reflective of the Re- President GORE, has been the head of change of century. This is a great sur- publican leadership of this House, in- technology, the guru of technology, for prise to all of us, of course, that the cluding the Speaker. the last 5 to 7 years, and has not paid century is changing. Madam Speaker, I may speak at a bit of attention to Y2K. Somebody But having said that, there is a rea- some greater length as well on this walked up to him recently and said, sonable explanation, of course. There rule, because it is not just the Y2K what about Y2K? And he said, ‘‘I don’t was, in my opinion, a pennywise and problem that I think is unfortunate. do Y2K,’’ because it is too complex, evi- pound-foolish, perhaps, judgment that And I want to say to the gentleman dently. was made in previous administrations, from Colorado (Mr. MCINNIS), I do not All I will say, we do not have a re- and as recently, perhaps, as this ad- think the Committee on Rules made quest from the President within his ministration, which purchased tech- this determination, and I understand budget for any money to handle the nology which did not contemplate this that as well. emergencies that this Congress is going change, knowing full well that there Not that he would have disagreed to have to handle within the coming was absolutely no alternative but to with the solution that was effected; I months for Y2K, but we are going to solve this problem. do not mean to imply that. But I un- step up to the plate, anyway. We are There is a lot of protestation on that derstand this decision was made by the doing that within the appropriations side of the aisle, but in point of fact, leadership and not per se by the Com- process. I appreciate the gentleman the distinguished chairman of the Com- mittee on Rules, although the Commit- yielding me the time. mittee on Appropriations went to the tee on Rules obviously implemented in Mr. MCINNIS. Madam Speaker, I Speaker and it was agreed, it was its rule that decision. So I do not quar- yield myself such time as I may con- agreed between the Speaker and the rel with the Committee on Rules. I sume. chairman of the Committee on Appro- want to make that clear. What I quar- Madam Speaker, I appreciate what priations, to do exactly what this com- rel with is the decision having been the gentleman has had to say. We mittee recommended, to do exactly made to retreat from responsibly and should know that while they have not what the Committee on National Secu- immediately confronting this emer- asked for that, the Vice President has rity yesterday had recommended, and gency situation. been very busy preparing for his tele- that the gentleman from Pennsylvania Madam Speaker, I may also at some phone tax, the Gore tax, which goes in (Mr. MURTHA) talked about. That was future time talk about the rule itself. I effect here in just a couple of days. I to fund a solution to this emergency, think, unfortunately, the rule did not hope the consumers out there note unavoidable expenditure that confronts do some of the things I think it should that. us. have. Other Members will discuss that, H5310 CONGRESSIONAL RECORD — HOUSE June 25, 1998 and perhaps in concluding a couple of which provides services which they be- estimates more neatly fit the political minute remarks I will discuss those lieve are wrong. desires of the Republican majority in items as well. This past Monday, The Washington the Congress. That controversy is well- Mr. MCINNIS. Madam Speaker, I Post reported incorrectly that the CBO known. It has been reported in the yield 4 minutes to the gentleman from had determined that this Federal man- newspapers. Kansas (Mr. TIAHRT). date would not cost additional Federal We also have the politics of intimida- (Mr. TIAHRT asked and was given funds. However, the CBO has reversed tion being practiced against the Fed- permission to revise and extend his re- their decision and has determined that eral Election Commission. We have the marks.) there will be costs associated with this majority party trying to turn the Fed- Mr. TIAHRT. Madam Speaker, I new mandate. Once again we learn eral Election Commission, which is thank the gentleman from Colorado there is no free lunch. supposed to be the watchdog that keeps (Mr. MCINNIS) for the generous amount Madam Speaker, when this bill every politician honest, what they are of time he has yielded to me. comes to the floor, we will hear advo- trying to do in this bill is to say to the Madam Speaker, I want to rise today cates of this provision argue that this legal counsel of the commission, ‘‘If to support the rule and also to speak mandate is about providing ‘‘parity be- you are not careful, if you do not soft briefly about an amendment that I will tween the coverage of family planning pedal what you are doing, if you do not offer to strike an amendment that was services and the coverages of other play kissy-face with both parties, then brought up in the full Committee on types of basic medical care in private one party is going to be able to block Appropriations last week and passed by insurance policies.’’ Yet by their very you from reappointment.’’ a very narrow margin, a 28-to-26 vote. nature, we know that contraceptives That is going to turn the Federal The result of this amendment is that are elective and not medically nec- Election Commission into being even a we are going to impose a Federal man- essary. This is what choice and free- less effective defender of the public in- date on all insurance companies that dom is all about, allowing the con- terest than it is today. contract with the Federal Employees sumer to choose the health plan that Then we have an effort to intimidate Health Benefits. This Federal mandate best serves their needs. the General Accounting Office. There that is now going to be imposed on We will also hear the proponents say was an amendment that a number of health care coverage will cover all pre- that this mandate is about a woman’s Members on that side of the aisle scription contraceptive devices that right to choose. Unfortunately, this sought to have made in order to change are FDA approved. mandate has nothing to do about the appointment of the Comptroller General from the President, where it This coverage is already available as choice and everything to do about forc- has traditionally been, to the Congress, an option for health care coverage for ing Federal employees to pay for serv- again because they wanted to send a government workers, but today this ices they may not need or want, with message to the GAO that they did not bill mandates coverage which includes the result being higher priced health like some of the investigations that the following FDA approved drugs and insurance for every Federal employee. the GAO was conducting. devices: The pill, diaphragm, IUDs, The bottom line is this mandate lim- Madam Speaker, now we have seen Norplant, Depo-Provera and the Morn- its consumer choice. It provides noth- the Republicans who know the most ing-After abortion bill. And some day ing that is not already available to about this computer problem, the Re- it could include the latest abortion every Federal employee. If we adopt publicans on the Committee on Appro- pill, RU–486. this provision and vote down my priations, the Republicans who are sup- Madam Speaker, it is important that amendment, Congress will be saying to posed to know the most about this Members understand that my amend- Federal employees, ‘‘We know what problem, we have seen them bring to ment will not deny any Federal em- you want, and we know what you need, the House their recommendation that ployee the opportunity to receive a full and you have no choice because we are we include in the Defense bill and in range of contraceptive devices cur- going to provide it to you.’’ And, the Treasury-Post Office bill the rently allowed by the FDA. All my Madam Speaker, the American public money that is needed so that this coun- amendment will do is allow the Federal is going to get stuck with the bill, as try does not have a range of super employees to continue the freedom are Federal workers. problems when our computers go out in that they now enjoy to choose the type In addition to the CBO stating that the year 2000 and shut down our ability of coverage that best meets their fami- this is a mandate that will cost addi- to send Social Security checks, shut ly’s needs. tional money, so has the Health Insur- down our ability to make certain this According to the Office of Personnel ance Association of America in a letter country is adequately defended mili- Management, every health care pro- to the gentleman from New York tarily. vider for Federal employees currently (Chairman SOLOMON). Yet what is happening? Now what is provides full prescription coverage for Madam Speaker, I have listed reasons happening is, on the Defense bill yes- the pill, the predominant method of why we should support my amendment, terday and on this bill today, we now choice for women of childbearing age and regrettably what we have is lan- have a new call by the Republican lead- in this country. Furthermore, over 75 guage that says there is one size that ership which says, ‘‘Take the money percent of all Federal employees cur- fits all. It is a Federal mandate. out, boys.’’ And we do not see a single rently have coverage which includes all I would also like to recognize in clos- Republican who took the action that FDA approved methods. ing that this provision was legislation was necessary in the first place now The only health care plans which spe- on an appropriations bill, which goes coming to the floor to defend their cifically do not cover any contracep- against our normal rules and it is not original actions, and wonder why. tive devices are Catholic health care supported by the proper authorizing And then I notice an article in Roll plans, which are formed for that spe- committee. Call which says, in the June 22 edition, cific purpose for reasons of conscience. Mr. MCINNIS. Madam Speaker, I re- quote, ‘‘House Speaker Newt Gingrich In other words, 10 percent of the Fed- serve the balance of my time. was one of the first Republicans to sign eral employees who do not have contra- Ms. SLAUGHTER. Madam Speaker, I a petition demanding that the congres- ceptive coverage do so by choice. So, yield 7 minutes to the gentleman from sional Republicans punish high-rank- ironically, those who demand freedom Wisconsin (Mr. OBEY). ing GOP Members who team with of choice have, through this language, Mr. OBEY. Madam Speaker, I think Democrats on certain votes.’’ limited the choice through the current we have a serious problem facing us in Now that sounds like intimidation to language. this House. I see frankly what appears me. I am wondering whether that does Under the language the Catholic Fed- to be the politics of intimidation being not in fact explain why many of the eral employees will no longer have a practiced on a broad scale. Republicans who are the most knowl- choice. Instead, Catholics and others First of all, we have seen the major- edgeable on this issue, and know that will be forced to choose between receiv- ity leadership try to intimidate the this money ought to be in this bill to ing no health care benefits or health Congressional Budget Office into bend- solve this computer problem, I am won- care insurance or belong to a plan ing their numbers so that their budget dering if that does not explain why June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5311 they are not coming here to the floor. Second of all, anytime someone going to make sure that the money is I am wondering whether the thought seems to question the position of the there. police in this town are winning the ar- gentleman from Wisconsin (Mr. OBEY), The fact is, the Administration has gument once again. it seems to elevate itself from a ques- consistently low-balled the true costs The fact is this is the most serious tion to a level of intimidation. It is not of the fiscal year 2000 efforts. In May of mechanical problem faced by the gov- intimidation. It is part of the checks 1997, the Administration told us it ernment. I do not want to be around and balances. Members ought to ask would cost $2.8 billion governmentwide when Russians watching their comput- questions around here. He is not im- to make Federal information systems ers in the year 2000 see their computers mune from those kind of questions. compliant for the year 2000. The esti- go blank and wonder whether America Madam Speaker, I yield 6 minutes to mate has been rapidly going up. They was responsible. I want to know wheth- the gentleman from Arizona (Mr. now tell us it is going to cost $5 billion. er they are going to understand that KOLBE), who is our in-house expert who The reality is the Administration does this is simply because of a computer can talk with some substance about not really know how much it will cost. accident. And I want them not to be- the Y2K problem. And that may be fair. We do not really lieve that somehow there is some game Mr. KOLBE. Madam Speaker, I thank know. But they have not been aggres- going on that requires them to urge the gentleman for yielding me the sive enough, in my opinion, in their that somebody push some buttons. time. oversight. And that is part of the rea- Madam Speaker, this is a very seri- I want to say that I rise in support of son we do not know the cost; they have ous problem for our defense posture. It this Rule, open rule for the consider- not been aggressive enough in their as- is a very serious problem for every per- ation of H.R. 4104, which is the fiscal sessment of agency progress on this son in America who expects the FAA to year 1999 Treasury and general govern- issue. be able to regulate air traffic. ment appropriations bill. Governmentwide, the Administration I want to pay tribute to the Commit- b 1145 has requested only $1.3 billion in fiscal tee on Rules for crafting a Rule that I I, for the life of me, cannot see why year 1999 for the Y2K issue. They are think is fair to everyone. I want to pay this money is being taken out of this asking agencies to absorb the cost tribute to my ranking member, the bill. within their regular appropriations. gentleman from Maryland (Mr. HOYER) Some Members say: ‘‘well, it ought Now we are told that $1.3 billion just is for the good work that he has done on to be offset.’’ I think it is the height of not going to cut it. We know that the the bill, and I will have more to say on arrogance for Members of Congress to Department of Treasury is working on that when we come to the consider- assume that God ought to have to com- a budget amendment and anticipates ation of the legislation. ply with the budget process. There are that they will need an additional $100 I listened with interest to the debate going to be natural disasters that are million. I know that because Treasury that we had on the Rule yesterday on emergencies, whether Republican or comes under the purview of my sub- the National Security appropriations Democratic Members of Congress like committee. bill, and I have listened today to the it or not. And there are going to be For the Department of Treasury, the other actions that are taken, such as debate that we have had, particularly the remarks of the gentleman from Administration has been asking for computer companies screwing up com- Y2K money bit by bit; the fiscal year puters which they sell to the govern- Wisconsin (Mr. OBEY). With all due respect to my colleagues 1998 supplemental included $174 mil- ment, which require us to take action lion. This was on top of the $419 million without following the niceties of the on the other side of the aisle, I think they have the facts wrong here. The made available through the regular ap- Budget Act. propriation bill. With all due respect, the nice, neat, rhetoric is nothing more than an at- The Administration has displayed green eyeshade accounting principles tempt to shift the blame for the vul- what I think is a real lack of urgency that govern the budget process are not nerable state of the Federal computer and attention to this issue. This should nearly as important to this country as systems and put it in the laps of the not be a partisan issue. I do not intend knowing that we can deliver quality Republican Congress. I think that if to make it a partisan issue. I want to service, deliver people’s Social Secu- there is blame, and I think there is knock somebody over the head to get rity checks on time, protect the mili- some, I think it rests very clearly with their attention down there and make tary interests of the United States ef- the Administration. sure that we are giving this issue the fectively and do all the other things Let us be clear about this. Our bill kind of attention that it needs. It is the government is supposed to do with included $2.25 billion for the unantici- not being given the attention that it the aid of these technological ma- pated emergency requirements of en- needs. chines. suring Federal information technology I think the gentleman from Maryland systems will be compliant with the re- Up until the appointment of a Y2K is exactly right. This rule is wrong. It quirements of the Year 2000. By the coordinator in February of this year, 22 ought to be defeated. rule, that will be taken out. The fact months prior to the time that the drop- There are a number of things in the that it is going to move in a separate dead date occurs, there has been no rule that I think are reasonable, but vehicle, in my opinion, is really a centralized Federal management struc- this is certainly not one of them. If we nonissue. The money is going to get to ture in place to coordinate policy and are interested in solving problems the Federal agencies. It is going to get oversight across agencies. There has rather than having more political pos- there in a timely fashion. There is no been no coordinated management of turing, we will vote this rule down and one on either side of the aisle that does this issue despite the fact that some allow the Republican majority on the not understand that we have to have agencies, going back as far as the So- Committee on Appropriations, who did the money to make sure our Federal cial Security Administration in 1989, the right thing the first time, to do agencies are ready—whether we are recognized the seriousness of this prob- what they know is right. talking about defense with its mission- lem and began to put some effort in to Mr. MCINNIS. Madam Speaker, I critical issues, or whether we are talk- addressing it. But there has been no yield myself such time as I may con- ing about the FAA with its mission- centralized, no coordinated effort. sume. critical issues, or whether we are talk- There will be other speakers who can I should point out to the gentleman ing about the Social Security Adminis- speak even more directly to this, such from Wisconsin (Mr. OBEY), who has tration and the Financial Management as the gentlewoman from Maryland probably the most partisan remarks we Administration to make sure that the (Mrs. MORELLA) who has been very en- have heard yet this morning, not out of checks go out on time and the bills get gaged in the oversight of this critical habit, but, again, we are trying to pass paid on time, or whether we are talk- issue. this open rule on a nonpartisan basis, ing about something as simple as the Mr. Speaker, the fact is, Republicans and we protected one of the gentle- Congress to make sure the elevators have acknowledged that Y2K is a true man’s amendments. He fails to men- move on January 1, 2000. We all under- emergency. We are being up front. We tion that. stand that we have to do this. We are are declaring it just as that. We are H5312 CONGRESSIONAL RECORD — HOUSE June 25, 1998 going to put it into a supplemental ap- My intention today is not to in any the five-minute rule, getting the 100- propriations bill. And whether we off- way delay the implementation of this plus members of the Forestry 2000 Task set it or whether we do not offset it is rule, because it is a good rule, and we Force to indeed support me in the ef- a decision that can be made by this should adopt it to get to the issue. fort. body and by the Senate at a later time. However, I want to fire a warning shot Ms. SLAUGHTER. Madam Speaker, I There are those who will argue it ought across the bow of this bill because if, reserve the balance of my time. I be- to be offset, that agencies should have indeed, Customs does not do their stat- lieve I have 11 minutes remaining. seen this coming. They should have utory requirement, and that is exercise The SPEAKER pro tempore (Mrs. provided enough contingency funding the law on the Canadian softwood lum- EMERSON). The gentlewoman is correct. for this. They should reduce other ber agreement, I intend to solicit the Mr. MCINNIS. Madam Speaker, I re- things. There are others who say this is assistance of the Forestry 2000 Task serve the balance of my time. a one-time shot, it is a true emergency, Force members, which there are over Ms. SLAUGHTER. Madam Speaker, and it really should be paid for with 100 of us in this Congress, to vote may I inquire how much time the gen- the budget surplus. against the final passage of this bill tleman from Colorado has remaining? There are good arguments on both unless Customs does what they are sup- The SPEAKER pro tempore. The gen- sides. That is something that this body posed to do under the law. tleman from Colorado (Mr. MCINNIS) can debate and we can decide upon. But We negotiated a free trade agreement has 10 minutes remaining. Mr. MCINNIS. Madam Speaker, I re- it is appropriate that we do it in a sup- with Canada. The Canadians found a serve the balance of my time. plemental appropriation bill. loophole in a rule that Customs imple- So we are not going to appropriate mented. Since that time Customs has b 1200 the money bit by bit. We need to pro- recognized their error and has pub- Ms. SLAUGHTER. Madam Speaker, I vide this money up front and make it lished a revocation of that rule, an ex- yield 31⁄2 minutes to the gentleman available as soon as possible. That planation of it. from Maryland (Mr. HOYER). means it has to be made available at What the Canadians are doing now, Mr. HOYER. Madam Speaker, I the beginning of the next fiscal year. I even though they have an agreement thank the gentlewoman for yielding to believe that is the responsible way to and a quota of Canadian lumber com- me. proceed, and I believe that putting it ing to the United States, they found if Madam Speaker, there has been a into a separate supplemental emer- they drill a pinhole in a piece of lum- suggestion that the administration did gency appropriation bill is the right ber, that it gives them the authority to not exercise its responsibilities with way to go. ship as much lumber to this country as respect to the Y2K problem. The gen- I support this rule which in every they want to because of a ruling, not a tleman from Wisconsin (Mr. OBEY) has other way. I think, it meets the needs treaty, but because of a ruling by Cus- pointed out that that included the of all the Members on both sides of the toms which Customs admits is wrong, total of about almost $5 billion for aisle in terms of protecting legislative yet refuses to implement their own emergency and contingency spending items that are in H.R. 4104 and giving revocation of the decision that they in their budget, that $1.2 billion was opportunities to offer amendments. made. specifically requested for Y2K, and that I support this rule. This is costing American lumber another $3.25 billion was requested for Ms. SLAUGHTER. Madam Speaker, I companies a million dollars a day. Dur- Bosnia contingency spending and also yield 1 minute to the gentleman from ing this recess we are going on, it is Y2K. Wisconsin (Mr. OBEY), ranking member going to cost $15 million. So while the That is not described, so neither I on the Committee on Appropriations. rest of the country is experiencing a nor anybody else can specifically say Mr. OBEY. Madam Speaker, let us great economic prosperity, the lumber what figure one can apply. But the fact talk about who is being partisan. mills are just about to the position is the administration, as all govern- The fact is that when there was a where they are going to have to close ments and all private sectors, has been vote in the committee to take this because of this unfair situation that is working this issue very hard. money out, 16 Republicans correctly taking place. But the issue is not who is to blame: voted against it, a majority. We are My mission here today is to tell this Did the Reagan administration or the simply asking that we stick to that po- committee, to tell this House and to Bush administration or the Clinton ad- sition on this vote. tell Customs, if they do not implement ministration purchase incorrect hard- Secondly, I would point out, if you the provisions according to the law, if ware or software. In fact, we had a want to attack the administration, if they do not implement it by the time hearing before the Committee on House you look at their budget on page 253, this bill comes to the floor, then I am Oversight that the new leadership, Re- you will see that in addition to the $1.2 going to encourage my colleagues to publican leadership, came in and billion which the administration asked vote against this entire bill because bought some new computerware in for on an agency-by-agency basis to this is an atrocity that has been placed 1995, which is outdated. We are going to deal with this problem, the administra- upon people in Arizona. When George have to replace them. That is because tion also has $3.25 billion set aside for Wallace ran for President he said he technology is moving very quickly. contingencies, a major piece of which wanted to stand up for the people of This is not to blame anybody. It is to was supposed to be to deal with addi- America. Well, I am here today stand- say that that decision is in error, rec- tional computer problems. ing up for the people of Alabama and ognized in error yesterday before the I would point out that also the sub- also for the people of Arizona and for committee in testimony by the admin- committee, the leadership of the gen- the people of Kansas and the people all istrator. With no criticism of that, we tleman from Arizona (Mr. KOLBE) cut over this country who are experiencing need to move on to make sure that, $400 million from the specific agencies an unfair situation simply because Cus- technologically, we can handle our in- in his bill because he was going to be toms will not obey the law. formation systems properly. providing the $2.5 billion in another I want to support this bill. It has The fact of the matter is, the point way. Now you are going to have both of many good provisions in it. I want to we are making on this rule is that we those numbers gone. That leaves this support Customs because they do a lot have some 40 days, 40 legislative days country naked in dealing with this of good things. But we have a few bu- left. We have not done much in this problem. reaucrats that are holding up the abil- Congress to date. Everybody observes Mr. MCINNIS. Madam Speaker, I ity of American lumber manufacturers that. We have 40 days left. This coun- yield 3 minutes to the gentleman from to be able to continue to survive in this try is confronted with an emergency. Alabama (Mr. CALLAHAN). period of prosperity. Everybody recognizes that on both (Mr. CALLAHAN asked and was I hope Members will pass this rule sides of the aisle. There is no dispute given permission to revise and extend today, but I am here to tell my col- about that. There is an emergency. his remarks.) leagues, if the bill comes up today or if The dispute is whether we delay con- Mr. CALLAHAN. Madam Speaker, I it comes up the day we get back, I in- fronting that emergency. The Commit- rise in support of the rule. tend to filibuster this thing by using tee on Appropriations said no. The June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5313 Subcommittee on the Treasury, Postal was estimated at $2.3 billion for its en- the automobiles. That is how com- Service, and General Government said tirety. It has now gone up to, in May of plicated this system is. no. this year, it has gone up to $5 billion. The Committee on Appropriations, I Let us address it now. Let us deal I would submit that even that is not say to my friend from Maryland, did with this issue now. Let us responsibly going to be enough. contemplate that. We have taken, as say we are going to fund the solution We heard debate yesterday about the gentleman from Wisconsin (Mr. and not delay. That is what this dis- why it was not in the DOD bill, today OBEY) said, $400 million out of the IRS. pute is about. why it is not in Treasury-postal. It is I say to my friend, the gentleman from You can go all you want and say, oh, because we know, by virtue of the hear- Colorado, who got up and said we are well, it was the other guys, point fin- ings that we have had, by virtue of the going to pass an IRS reform bill today, gers, and it was somebody yesterday or quarterly reports we have required it is an IRS reform bill with some tax the day before or the day before that from agencies where they give a na- provisions in it which are going to that caused this problem. What you tional strategy and milestones, now we change the Tax Code. We are going to cannot, however, say is that there is are going to require monthly, we know have to have computers amended. It is not an absolutely essential need for us that this money is going to be re- the same thing we do, on the one hand, to respond. quested of each agency. We want to put we say reform; but on the other hand, My distinguished chairman, the gen- it together so we can look at a supple- we complicate the code. tleman from Arizona (Mr. KOLBE) said, mental appropriation for the Y2K prob- But that aside, I will tell my friend, well, we can delay and we can decide lem. the gentleman from Colorado, if we do later in a supplemental as to how we Please do not think it will be de- not do this emergency fix of the Y2K pay for it or we do not pay for it, layed. It cannot be delayed. It will be problem, IRS reform bill or not, IRS is whether it is emergency or not. That part of the appropriations process. But going to crash in 2000, period. Then sounds good, but all of us know that we are putting it all together. there will be no funds to do anything in the longer this is delayed, the longer I just want to point out again how it the Federal Government, whether it is agencies cannot plan for dollars avail- has escalated, why there is the need for emergency or nonemergency, defense able, the more problematic becomes it, and the fact that Congress has put or domestic, Social Security, or Medi- the solution. As the gentleman from into the bills, and Treasury-postal has care. Missouri (Mr. GEPHARDT) likes to quote been a wonderful opportunity for us to, All of those are going to come crash- Ed Harris as saying in Apollo 13, ‘‘In through the years, put within that bill ing down around America’s head. They this instance, failure is not an option.’’ the requirement that we have a na- will not want to hear, very frankly, oh, This rule puts at risk solving this tional strategy and the requirement well, we delayed. We washed our hands problem. It does not preclude it. I un- that agencies will respond to and that and said we are going to do it later. If derstand that. But it puts it at risk un- no information technology can be pur- it was going to be done later, it should necessarily. This is an emergency. Far chased if it is not totally compliant. have been done. We have heard a lot too often, frankly, in the last 3 years So I and the administration are about later. we have found emergencies by tornado, aware of the problem, although we had The gentleman from Louisiana (Mr. by flood, by other devices; and we have to go to them to come out with an Ex- LIVINGSTON), the Speaker, all agreed delayed the solution to the detriment ecutive order, to use the bully pulpit, some weeks ago that this was going to of those who were injured. We ought and I think more can be done, and to be an emergency and that we needed to not to do that in this instance. appoint a Year 2000 czar. John fund it through emergency funding. Mr. McINNIS. Madam Speaker, first Koskinen is working very hard. Sally They recommended that. The commit- of all, I would note to the gentleman, Katzen is the vice chair. tee adopted that. hang around until 5 o’clock this We must move together. The Amer- evening, and we are going to pass the ican people demand it. All of our utili- As the gentleman from Wisconsin IRS reform which is the most major ties, all of our agencies, the interoper- (Mr. OBEY) pointed out, there were only piece of reform. We are doing some- ability concept make it all so very im- 16 members of a 54 member committee thing today. It is going to be a very portant. that did not vote for that. Think of significant day. But, please, I want the American peo- that. That is a pretty overwhelming bi- Madam Speaker, I yield 3 minutes to ple to know that Congress has been partisan determination by the Commit- the gentlewoman from Maryland (Mrs. working on this issue. We will have tee on Appropriations that has the re- sponsibility to make sure that we ad- MORELLA). enough money to solve it. We have Mrs. MORELLA. Madam Speaker, I been in the lead in terms of making dress this emergency to fund it. thank the gentleman for yielding the sure that it is remedied. We are now retreating from this; not time. Ms. SLAUGHTER. Madam Speaker, I retreating from it in the Committee on Madam Speaker, I just wanted to set yield such time as he may consume to Appropriations. The Committee on the record straight. I wanted to set the the gentleman from Maryland (Mr. Rules took it upon itself to strike it record straight in terms of the fact HOYER). from the defense bill. that we all know that on January 1 in Mr. HOYER. Madam Speaker, I This is not a liberal/conservative the year 2000, we will launch the moth- thank the gentlewoman for yielding to issue. The gentleman from Pennsyl- er of all computer glitches which we me, and I certainly am not going to use vania (Mr. MURTHA) was up here on be- hope will be remedied. the balance of the time that remains. half of defense, one of the strongest ad- Congress, I want to affirm to my The gentlewoman from Maryland is vocates of defense in this Nation, say- friends, Congress has been working on correct. Everybody has observed that ing this was a problem. He urged that this problem for over 2 years in a bipar- this problem is coming. She also made, we defeat the last bill specifically for tisan way. I chair the Subcommittee I think, a very valid point. The cost of that reason. on Technology of the Committee on the solution has escalated over the last I am urging that we defeat this rule Science. The gentleman from Califor- 12 months, and I would say even over for the same reason that the gentleman nia (Mr. HORN) chairs the appropriate the last few months. from Pennsylvania (Mr. MURTHA) urged subcommittee of the Committee on My point that I made before is this that we defeat the defense bill rule. I Government Reform and Oversight. has happened in the private sector and do not think we are going to do that. I We have alerted our other colleagues the public sector. The reason for that understand that. I think the other side who chair and who are ranking mem- is that the scope of the problem was of the aisle has determined in a unani- bers of other committees to have hear- not contemplated. There are computers mous way that they are going to vote ings. We have had more than 26 hear- in almost everything we use, including for this rule. ings on this one issue. our automobile as we drive down the There is nothing I can do about that Let me suggest that it was in Feb- street, which apparently also has this other than bring to my colleagues’ at- ruary of 1997 that the estimate of rem- glitch built into a number of the chips tention that this does, in fact, place at edying the Year 2000 computer glitch that control many of the systems in risk solving what is one of the most H5314 CONGRESSIONAL RECORD — HOUSE June 25, 1998 critical problems confronting our gov- Mr. HALL of Ohio. Madam Speaker, this with operational aspects of the international ernment today, was recognized as an rule protects from a point of order a provision exchange of mail and the setting of rates for emergency, is an emergency. that would remove the U.S. Postal Service as international mail and settlement rates with The gentlewoman from Maryland and the American representative to the Universal other countries for the carriage of unequal volumes of mail. I understand the UPU han- I agree it is an emergency. We have got Postal Union and substitute the U.S. Trade dles a wide range of issues related to inter- to address it. Lamenting the fact, how- Representative (USTR). The Universal Postal national mail, such as security, mail fraud, ever, that we have today said that we Union oversees the functioning of the inter- hazardous materials, and financial manage- are going to pass IRS reform, but we national mail system. ment. These matters are well outside are going to delay to some other day Without the special protection of this rule, USTR’s expertise. solving the emergency situation of the the provision violates the House rule against USTR’s Service unit, which would have to computer glitches that will occur in legislating in an appropriations bill. I believe assume this function, is preparing to engage in major new international trade negotia- the Year 2000, thus placing at risk the the Rules Committee was wrong in granting a waiver for this ill-advised provision. tions that are of great importance to all U.S. very IRS reform procedures that we are services industries, including the delivery going to adopt later today. The USTR does not want the job and is not services industry. These rapidly approaching I urge the House to reject this rule so qualified for the job. The USTR fears that the negotiations will occur in the World Trade that the Committee on Rules can go new responsibilities would interfere with its Organization, bilaterally with the European back, there can be a reconsideration, principal mission of administering U.S. trade Union, in the Free Trade Area of the Ameri- calmer and cooler heads can prevail, policies. cas negotiation and in the Asia-Pacific Eco- and then we can move ahead with solv- The State Department believes that the U.S. nomic Cooperation forum. To meet these re- ing this Y2K problem. Postal Service is the proper agency to rep- sponsibilities, USTR will be required to pull resent the United States because only the away resources from preparations and in- Ms. SLAUGHTER. Madam Speaker, I volvement in these broader services negotia- yield back the balance of my time. Postal Service has the necessary specialized expertise in mail operations. tions affecting $258 billion in exports in serv- Mr. MCINNIS. Madam Speaker, I ices. yield myself such time as I may con- Mr. GILMAN, the chairman of the House Please feel free to contact me if I can be of sume, especially in consideration of International Relations Committee, has con- further assistance. the remarks made by the gentleman cerns about the change because the USTR is Sincerely, over there who, at times, tends to drift not able to manage the new responsibility. SUSAN G. ESSERMAN, This provision is opposed by major busi- from substance to partisanship. Acting. Nobody on the Republican side said nesses which depend on the mail system such STATE DEPARTMENT POSITION ON NORTHUP DRAFT AMENDMENT TO THE TREASURY/POST- we ought to do this later. We heard as L.L. Bean, the J.C. Penney Company, Land's End, the Magazine Publishers of Amer- AL APPROPRIATIONS BILL from the gentleman from Arizona (Mr. ica, the Direct Marketing Association, BACKGROUND KOLBE). We heard from the gentle- Hammacher Schlemmer, and the Parcel Ship- The United States Postal Service (USPS) woman from Maryland (Mrs. MORELLA). pers Association. represents the United States on subjects re- There are a lot of people over here who It is opposed by the National Association of lating to international mail services, and en- have a pretty good understanding of Letter Carriers, National Rural Letter Carriers sures that our obligations under inter- this issue and who are focusing a lot of Association, National Association of Postal Su- national treaties and conventions are carried out. The USPS is authorized by law (39 resources on that. pervisors, National Association of Postmasters The difference between you and the U.S.C. 407) to negotiate and conclude postal of the United States, National League of Post- treaties or conventions with the consent of difference between me is the gentleman masters, and American Postal Workers Union. wants to do it; we want to do it right. the President. The Postal Service currently In fact, there is a question as to whether the heads U.S. government delegations to meet- That is exactly what is going to occur Universal Postal Union would even accept the ings of the Universal Postal Union (UPU), here. USTR as a member, since the regulations of which oversees the functioning of the inter- No one is saying do not fund this the Universal Postal Union require representa- national mail system, and fills the post of thing. We heard the chairman, or if you tives to be a ``qualified official of the Postal U.S. Representative. The State Department did not hear the chairman from the Administration'' of the member country and actively participates in these delegations. Committee on Appropriations, the gen- representatives to the organization's governing The Department of State and the USPS work together closely to ensure coordination be- tleman from Louisiana (Mr. LIVING- body must be ``competent in postal matters.'' STON), he was here, he addressed that tween policies on international postal issues For the benefit of my colleagues, I submit and our broader foreign policy goals. issue. for the RECORD a letter from Susan G. DEPARTMENT OF STATE POSITION I take issue with the fact that my Esserman, Acting U.S. Trade Representative; colleagues stand up here and say, well, As the only U.S. entity with the necessary a statement from the State Department; a let- specialized expertise in all aspects of inter- Republicans want to do this later. ter from BENJAMIN A. GILMAN, chairman of the national and domestic mail operations, the They do not realize it is an emergency. House International Relations Committee; and USPS is the proper agency to represent the You would have to have fallen off the a statement from the Coalition in Support of United States in negotiating and concluding swing twice on your head to figure out International Trade and Competition. international conventions and treaties on this is not important. Clearly, it is im- EXECUTIVE OFFICE OF THE PRESI- postal matters. portant. Clearly, we have an under- DENT, THE UNITED STATES TRADE UPU practice and regulations virtually standing of the Year 2000. REPRESENTATIVE, mandate USPS leadership on U.S. delega- I am not sure the administration un- Washington, DC. tions. UPU regulations require that any Rep- resentative to the UPU Postal Operations derstands the importance of this. But Hon. ROBERT LIVINGSTON, Chairman, House Appropriations Committee, Council be a ‘‘qualified official of the Postal in these Chambers, I think both sides U.S. House of Representatives, Washington, DC. Administration’’ of the member country. understand the importance of this, and DEAR MR. CHAIRMAN: This letter states our Similarly, Representatives to the UPU Coun- that is why it is receiving the priority. disappointment with the approval yesterday cil of Administration, the organization’s It is going to get the funding. It is get- of an amendment which would transfer re- governing body, must be ‘‘competent in post- ting the kind of attention it needs. We sponsibilities from the U.S. Postal Service to al matters.’’ In practice, all other UPU mem- have some of our very best minds, as the U.S. Office of the U.S. Trade Representa- ber country delegations to UPU bodies are reflected by the gentlewoman from tive (USTR) to represent the United States headed by postal officials from the member at meetings of the Universal Postal Union countries. Maryland (Mrs. MORELLA) and the gen- (UPU). We continue to oppose this amend- Responsibility for the conduct of inter- tleman from Arizona (Mr. KOLBE) ment. national postal services and UPU representa- working on this. Our view is that assuming this responsibil- tion would be misplaced with the Depart- So the gentleman is out of line, in ity would be a very substantial undertaking ment of State or with any other federal my opinion, when he says, well, we are for our small agency, whose major activity is agency. The Department of State conducts waiting till later. Again, the difference to formulate trade policy and negotiating United States foreign policy. The UPU is a between that side of the aisle, the strategies and to represent the United States specialized agency of the United Nations re- Democrats who want to do it, and this in trade negotiations. The entire staff of the sponsible for coordinating the exchange of agency is about 180, including clerical and mail between all of the countries of the side of the aisle, is that we want to do support staff. world; it is not a foreign policy body as such. it right. Madam Chairman, I urge the USTR has no expertise in postal adminis- The State Department does not have the passage of the rule. tration and lacks the capability of dealing detailed subject expertise nor the substantial June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5315 personnel and support resources required to COALITION IN SUPPORT OF INTER- PERSONAL EXPLANATION properly represent U.S. interests in the UPU. NATIONAL TRADE AND COMPETITION, Mr. GREEN (during consideration of A look at the agenda of the April 1998 UPU June 23, 1998. Postal Operations Council—which included, To the Members of the Committee on Rules: H. Res. 489). Madam Speaker, on Thurs- inter alia, postal security, philately develop- The members of the COALITION IN SUP- day, June 18 and Friday, June 19, I was ment, the direct mail advisory board, postal PORT OF INTERNATIONAL TRADE AND unavoidably detained in my district accounting, quality of service, and terminal COMPETITION, listed below, strongly urge working on the House that Congress dues sessions—underlines the fact that the the Committee on Rules not to waive points Built Project. USPS is the only U.S. entity capable of ade- of order against the amendment on Inter- Had I been present I would have quately representing U.S. interests with re- national Postal and adopted by the Commit- voted ‘‘yes’’ on rollcall 242; ‘‘no’’ on gard to the full range of UPU agenda items. tee on Appropriations, Arrangements offered Finally, we note that the requirement in rollcall 243; ‘‘no’’ on rollcall 244; ‘‘yes’’ by Rep. Ann Northup included in the Treas- on rollcall 245; ‘‘no’’ on rollcalls 246, proposed Section 407 (a) raises serious con- ury-Postal appropriations bill under consid- stitutional concerns. The negotiation and eration today as well as any changes to the 247, 248 and 249; and ‘‘yes’’ on rollcalls conclusion of treaties and international amendment Rep. Northup desires to make. 250 and 251. agreements, including the content of such The amendment would place all inter- f instruments, is a Constitutional responsibil- national postal negotiations and representa- b ity vested solely in the President, and is tion under the U.S. Trade Representative 1215 therefore an area in which Congress may not rather than the Postal Service. The USTR intrude. PROVIDING FOR CONSIDERATION has opposed this amendment, and we believe OF H.R. 4112, LEGISLATIVE LEVEL PLAYING FIELD that passage could be very harmful to our BRANCH APPROPRIATIONS ACT, Without resorting to new legislation, international postal services and the busi- mechanisms exist to ensure that government ness that use them. 1999 and private sector interests are factored into Advertising Mail Marketing Association, Ms. PRYCE of Ohio. Mr. Speaker, by any policies, or conventions on international Washington, DC. direction of the Committee on Rules, I mail services. State, Commerce, USTR and American Postal Workers Union, Washing- call up House Resolution 489 and ask the Postal Service participate in an inter- ton, DC. for its immediate consideration. agency process which can examine compet- Ballard Designs, Atlanta, GA. The Clerk read the resolution, as fol- ing demands and make decisions based on L.L. Bean, Freeport, ME. maximum benefit to all parties, including Current, Inc., Colorado Springs, CO. lows: private mail carriers. Damark International, Inc., Minneapolis, H. RES. 489 USPS hosts meetings with representatives MN. Resolved, That at any time after the adop- of the private sector to brief on UPU activi- The Direct Marketing Association, Wash- tion of this resolution the Speaker may, pur- ties and get industry input for its policy for- ington, DC. suant to clause 1(b) of rule XXIII, declare the mation (the most recent of these meetings Fingerhut Companies, Inc., Minnetonka, House resolved into the Committee of the was held on April 14, 1998) and State, Com- MN. Whole House on the state of the Union for merce, USTR and USPS participate in the Frontgate, Lebanon, OH. consideration of the bill (H.R. 4112) making interagency process when needed to discuss Garnet Hill, Lebanon, NH. appropriations for the Legislative Branch for international mail issues. Hammacher Schlemmer, Chicago, IL. the fiscal year ending September 30, 1999, and J.C. Penney Company, Plano, TX. SUMMARY for other purposes. The first reading of the Land’s End, Dodgeville, WI. bill shall be dispensed with. Points of order The Department of State believes the U.S. Magazine Publishers of America, Washing- Postal Service is the most appropriate rep- against consideration of the bill for failure ton, DC. to comply with clause 2(l)(6) of rule XI, resentative for the United States govern- Mail Order Association of America, Wash- ment in the Universal Postal Union, and it clause 3 or 7 of rule XXI, or section 401 of the ington, DC. Congressional Budget Act of 1974 are waived. appears to us that sufficient mechanisms National Association of Letter Carriers, exist currently to ensure coordination of General debate shall be confined to the bill Washington, DC. and shall not exceed one hour equally di- U.S. policy and the interests of other US National Association of Postal Super- government agencies and private industry vided and controlled by the chairman and visors, Alexandria, VA. ranking minority member of the Committee under USPS leadership. National Association of Postmasters of the on Appropriations. After general debate the HOUSE OF REPRESENTATIVES, COM- United States, Alexandria, VA. bill shall be considered for amendment under National League of Postmasters, Alexan- MITTEE ON INTERNATIONAL RELA- the five-minute rule and shall be considered dria, VA. TIONS, as read. Points of order against provisions in National Retail Federation, Washington, Washington, DC, June 22, 1998. the bill for failure to comply with clause 2 or DC. Hon. JERRY SOLOMON, 6 of rule XXI are waived except as follows: National Rural Letter Carriers Associa- Chairman, Rules Committee, Washington, DC. page 10, line 1 through line 10. No amend- DEAR JERRY: I am writing regarding the tion, Arlington, VA. ment shall be in order except those printed Treasury Postal Appropriations bill for Parcel Shippers Association, Washington, in the report of the Committee on Rules ac- FY99. The bill contains an amendment of- DC. companying this resolution. Each amend- fered by Representative Northup that revises Performance Data TransUnion Corpora- ment maybe considered only in the order how international postal service negotia- tion, Chicago, IL. printed in the report, may be offered only by tions are conducted. Territory Ahead, Santa Barbara, CA., a Member designated in the report, shall be I have strong concerns about this provi- TravelSmith, Novato, CA. considered as read, shall be debatable for the sion, and the assigning the USTR with the Whispering Pines, Fairfield, CT. time specified in the report equally divided broad responsibility for ‘‘the formulation, Mr. MCINNIS. Madam Speaker, I coordination, and oversight of foreign policy and controlled by the proponent and an op- yield back the balance of my time, and ponent, and shall not be subject to amend- related to international postal services I move the previous question on the . . .’’. The USTR is not responsible for the ment. All points of order against amend- conduct of US foreign policy. Moreover, this resolution. ments printed in the report are waived. The provision would dramatically change the The previous question was ordered. chairman of the Committee of the Whole way in which postal issues are managed in The SPEAKER pro tempore. The may: (1) postpone until a time during further international fora and raises questions as to question is on the resolution. consideration in the Committee of the Whole the rules governing the Universal Postal The question was taken; and the a request for a recorded vote on any amend- ment; and (2) reduce to five minutes the min- Union. It is my understanding that the UPU Speaker pro tempore (Mrs. EMERRSON) Postal Operations Council requires that a imum time for electronic voting on any post- announced that the ayes appeared to poned question that follows another elec- representative be a qualified official of the have it. Postal Administration. The governing body tronic vote without intervening business, of the UPU Council of Administration re- Ms. SLAUGHTER. Madam Speaker, I provided that the minimum time for elec- quires the representative to be competent in object to the vote on the ground that a tronic voting on the first in any series of postal matters. This raises the question as to quorum is not present and make the questions shall be 15 minutes. At the conclu- whether the USTR has the capacity to man- point of order that a quorum is not sion of consideration of the bill for amend- age this new portfolio. present. ment the Committee shall rise and report I would urge the Rules Committee not to The SPEAKER pro tempore. Pursu- the bill to the House with such amendments as may have been adopted. The previous waive points of order with respect to this ant to clause 5 of rule I, further pro- provision. question shall be considered as ordered on With best wishes. ceedings on this resolution will be the bill and amendments thereto to final Sincerely, postponed until later today. passage without intervening motion except BENJAMIN A. GILMAN, The point of no quorum is considered one motion to recommit with or without in- Chairman. withdrawn. structions. H5316 CONGRESSIONAL RECORD — HOUSE June 25, 1998 The SPEAKER pro tempore (Mr. in State and local government transit Mr. Speaker, the bottom line is that LAHOOD). The gentlewoman from Ohio programs which encourage employees this is a fair rule which the Committee (Ms. PRYCE) is recognized for 1 hour. to use public transportation. This is an on Rules reported by voice vote. The Ms. PRYCE of Ohio. Mr. Speaker, for idea that has merit which is evidenced underlying bill is bipartisan and fis- the purposes of debate only, I yield the by the bipartisan support it has gained cally responsible. The subcommittee customary 30 minutes to the gen- as a freestanding bill. There are many did an excellent job of allocating tleman from Texas (Mr. FROST), pend- private businesses as well as govern- scarce resources while building upon ing which I yield myself such time as I ment agencies which compensate em- the internal reforms we have adopted may consume. During consideration of ployees for part of their public trans- in recent years to improve congres- this resolution, all time yielded is for portation expenses. There is no reason sional operations. I urge my colleagues the purpose of debate only. the House should not consider afford- to vote ‘‘yes’’ on the rule as well as the Mr. Speaker, House Resolution 489 is ing the benefit to its employees. How- underlying legislation. a structured rule providing for the con- ever, the Committee on Rules believes Mr. Speaker, I reserve the balance of sideration of H.R. 4112, the fiscal year it is wiser to allow this change in my time. 1999 Legislative Branch appropriations House policy to run through the nor- Mr. FROST. Mr. Speaker, I yield my- bill. mal channels of committee consider- self such time as I may consume. At the outset, I would like to com- ation rather than add it on to a spend- Mr. Speaker, yesterday the Repub- mend the gentleman from New York ing bill. lican majority on the Committee on (Mr. WALSH) and the gentleman from Under the rule, the two amendments Rules refused to make in order an New York (Mr. SERRANO) for their bi- printed in the Committee on Rules re- amendment to this rule which would partisan efforts to produce a good bill port are the only ones made in order have allowed the gentleman from which continues our efforts to create a for House consideration. These amend- Maryland (Mr. HOYER) to offer a sen- smaller, smarter government and to ments, both offered by Democrat Mem- sible amendment to H.R. 4112, the Leg- lead by example. bers, address the important issues of islative Branch appropriations bill. For For instance, H.R. 4112 scales back recycling and energy conservation. I that reason, it is my intention to op- employment in the Legislative Branch know that many of my colleagues on pose the previous question on this rule. by eliminating 438 positions. The bill both sides of the aisle are interested in Should the House defeat the previous continues efforts to reduce redundancy these issues. In fact, a number of us question, it will be my intention to and inefficiencies by preparing for the have developed office policies to en- offer an amendment to this rule which closure of the Joint Committee on courage such efficiencies. But there is will allow for consideration of the Printing. much more we can do as an institution Hoyer amendment. That said, some of my colleagues to improve upon these efforts and it Mr. Speaker, as Members know, at may point out that this bill actually makes sense to do these things in the beginning of the 105th Congress, provides for a slight increase in spend- terms of fulfilling both environmental the rules package of the Republican ing over last year’s level. However, and fiscal responsibilities. majority included an amendment to Under the rule, these amendments taken in the context of our progress rule XI which created a new slush fund may be offered by the Democratic over 4 years, it contributes to an over- for committees to draw from for the Members designated in the Committee all savings of $575 million in Legisla- expenses associated with the numerous on Rules report, are not subject to tive Branch spending under this major- investigations planned by the Repub- amendment, and shall be debatable for ity. In fact, since 1994, over 15 percent lican leadership for this Congress. Sub- 10 minutes each, equally divided be- of the Legislative Branch has been sequently, the Republican majority tween a proponent and an opponent. downsized. adopted a committee funding resolu- All points of order against the amend- The rule before us will provide an op- ments are waived. tion which included, along with prior portunity to acknowledge this good To provide for speedy and orderly year unexpended funds, $7.9 million for work and debate what more we can do consideration of the Legislative the slush fund, and my Republican col- to improve the operations of this insti- Branch appropriations bill, the Chair- leagues have been happily spending tution. man of the Committee of the Whole that money ever since. Specifically, the rule provides for 1 may postpone and reduce votes to 5 Mr. Speaker, I include for the hour of general debate equally divided minutes as long as the first vote in any RECORD a report prepared by the Demo- between the chairman and ranking series is 15 minutes. Another oppor- cratic leadership about the partisan in- member of the Committee on Appro- tunity to change the bill exists vestigations that have been conducted priations. Under the rule, clause 2(l)(6) through a motion to recommit, with or by the Republican majority during the of rule XI is waived as are clause 3 and without instructions. 105th Congress. 7 of rule XXI. In our hearing yesterday, Mr. Speaker, there is more in the The text of the report is as follows: the Committee on Rules heard no ob- Legislative Branch appropriations bill POLITICALLY-MOTIVATED INVESTIGATIONS BY jection to these provisions which are than salaries and expenses for Members HOUSE COMMITTEES designed to facilitate consideration of of Congress and their staff. The spend- 1995–Present this bipartisan bill. ing in this bill also serves the thou- U.S. House Democratic Policy Committee, The rule also waives section 104 of sands of Americans who visit their Na- Richard A. Gephardt, Chair, June 18, 1998 the Budget Act which is necessary to tion’s Capitol each year to witness de- ‘‘The congressional investigation can be an provide for the salary of the Director of mocracy in action. This bill provides instrument of freedom. Or it can be freedom’s the Congressional Research Service. In the funding which preserves the Cap- scourge. A legislative inquiry can serve as the addition, this waiver will protect provi- tool to pry open the barriers that hide govern- itol building and the grounds of the ment corruption. It can be the catalyst that sions in the bill that address severance Capitol for enjoyment of all our Na- spurs Congress and the public to support vital pay and early retirement for employees tion’s visitors. And it is this legislation reforms in our nation’s laws. Or it can debase of the Architect of the Capitol as well that supports the hard work and dedi- our principles, invade the privacy of our citi- as voluntary separation incentives for cation of our Capitol police force who zens, and afford a platform for demagogues and employees of the Government Printing keep our Capitol and the surrounding the rankest partisans.’’—Senator Sam J. Ervin Office. neighborhoods safe for visitors and (D-N.C.)1 Further, clause 2 of rule XXI which residents alike. ‘‘Long ago, before the permanent culture of prohibits unauthorized appropriations I am also pleased to report that investigation had laid siege to Washington— meaning in the early 1980’s—a formal congres- or legislative provisions in a general through this appropriations bill, we sional investigation was considered major if it appropriations bill is waived, as is will support the ongoing efforts to ex- issued a few dozen subpoenas. That was then. clause 6 of rule XXI which prohibits re- amine the art work in the Capitol with In the [last] year or so . . . [one committee] has appropriations in a general appropria- an eye to how it can better represent issued 479 supoenas. Those forced to appear are tions bill. However, these waivers do the contributions and accomplishments grilled in private, sometimes for hours at a not apply to section 108 of the bill. Sec- of American women throughout our tion 108 allows the House to participate Nation’s history. Footnote are at end of article. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5317 stretch, with few of the protections from badger- rently, 13 committees are involved in inves- EXTENT AND COST OF INVESTIGATIONS ing that shield witnesses in the real tigations. ‘‘Republicans are pouring millions of new dol- world . . . [it is] redolent of a mentality that Of all the completed investigations, none Washington has not seen for some decades. The lars into House committees to beef up the party’s have turned up evidence of wrongdoing. ability to investigate not only Democratic fund- term ‘McCarthyism’ is used too often and too Perhaps even more important, a clear pat- loosely, but there are times when it is useful and raising scandals but also longtime adversaries tern of abuse has emerged. The House Repub- such as organized labor.’’ 8 one of these is now.’’—Jonathan Rauch2 lican leadership has called on and, when nec- EXECUTIVE SUMMARY essary, prodded its committees to devote ‘‘Speaker Newt Gingrich is poised to launch a ‘‘Clinton Democrats should be portrayed as their resources to harass political enemies. battery of probes next year [1998] that will in- volve half of the House’s 20 committees.’’ 9 ‘the enemy of normal In the process, Republicans have: under- Americans . . . Republicans will use the sub- mined the credibility of the oversight func- Since assuming control of Congress in 1995, poena power to investigate the Administra- tion of Congress; issued overly broad and ex- House Republicans have pressed 15 of the 20 tion.’ 3—House Speaker Newt Gingrich cessive subpoenas; and targeted innocent pri- standing committees into service to conduct Since Republicans took control of the U.S. vate individuals with whom they have politi- more than 50 politically-motivated inves- House of Representatives in 1995, they have cal disagreements, and as a result, have tigations. initiated an endless parade of politically-mo- harmed those people’s businesses, humiliated None of the completed investigations has tivated investigations. them personally and professionally, and turned up evidence of wrongdoing. This report details the breadth and mag- forced them to bear extraordinary travel and nitude of the Republican effort, including Today, 13 committees are conducting 38 legal costs to try to defend their reputations. how duplicative and wasteful the committee separate politically-motivated investiga- investigations have been, and how much of HISTORICAL NOTE tions. These investigations are aimed exclu- the committees’ taxpayer-financed resources ‘‘Washington just can’t imagine a world in sively at the individuals and organizations are devoted to these politically-motivated which Republicans would have subpoena perceived by the Republican leadership as investigations. power,’’ said Newt Gingrich shortly before he their political enemies, including the Clin- In other words, this report investigates the became Speaker.4 It was a surprising com- ton Administration, Democratic state par- self-appointed investigators, in order to pro- ment for a historian to make. ties, environmentalists, and labor unions. vide the public with information about how The House first asserted its power to inves- The cost to the taxpayers of the House in- their taxpayer dollars are being misappro- tigate in 1792,5 when a special House commit- vestigations now exceeds $17 million. This priated. tee was appointed to look into the Indian figure includes only costs incurred by the Key findings include: legislative branch, and does not include the As of today, House Republicans have spent massacre of U.S. soldiers under Major Gen- extensive costs incurred by federal agencies more than $17 million in taxpayer dollars on eral Arthur St. Clair’s command. 6 to comply with these investigations, which politically-motivated investigations. Republicans have led some of the worst There have been more than 50 politically- investigations in the history of the Congress. is currently the subject of an ongoing GAO motivated investigations in the House, 38 of In particular, Senator Joseph McCarthy’s study. which are still ongoing. (R–WI)7 hearings will long be remembered as Following is an accounting of the politi- These investigations have involved 15 of the most egregious abuse of Congress’ power cally-motivated investigations conducted by the 20 House standing committees. Cur- to investigate. House committees since 1995.

Cost to taxpayer (includes costs Subject of investigation (listed by committee and no.) Start date Status incurred by legis- lative branch only)

Agriculture ...... 10 $105,000 1. Commodity transactions by First Lady Hillary Rodham Clinton ...... 1996 ...... Closed ...... Appropriations ...... 11 $118,000 2. Alleged access to White House (Lincoln Bedroom, etc.) in exchange for contributions to the DNC ...... 1997 ...... Ongoing ...... Banking ...... 12 $2,250,000 3. Whitewater ...... 1995 ...... Closed ...... 4. Alleged money-laundering and drug trafficking at the Mena, Arkansas airport during the term of then-Gov. Clinton ...... 1996 ...... Ongoing ...... Commerce ...... 13 $128,000 5. Allegations that the Molten Metal Technology company received government contracts in exchange for contributions to the Clinton-Gore campaign ...... 1997 ...... Closed ...... 6. Involvement of former Gore aide Peter Knight in advocating a relocation of the FCC to the Portals building in Southwest D.C...... 1997 ...... Ongoing ...... Education and the Workforce ...... 14 $2,530,000 7. American Worker Project, to look into the conduct of labor unions and the agencies that oversee them ...... 1997 ...... Ongoing ...... 8. Irregularities in the Teamsters 1996 elections ...... 1997 ...... Ongoing ...... Government Reform and Oversight ...... 15 $6,000,000 9. Review of Ramspeck Act, prompted by large numbers of Democratic staff getting executive branch jobs following GOP takeover of House ...... 1995 ...... Closed ...... 10. Political ideology of organizations participating in the Combined Federal Campaign ...... 1995 ...... Closed ...... 11. Firing of White House travel office personnel ...... 1996 ...... Closed ...... 12. Alleged White House acquisition of FBI files of certain individuals ...... 1995 ...... Ongoing ...... 13. Alleged abuse of travel privileges by Energy Secretary Hazel O’Leary ...... 1995 ...... Closed ...... 14. Clinton Administration enforcement action against the Branch Davidians in Waco, Texas ...... 1995 ...... Closed ...... 15. Financial holdings and activities of former Commerce Secretary Rob Brown ...... 1996 ...... Closed ...... 16. Alleged illegal foreign contributions to the DNC in the ’96 elections ...... 1996 ...... Ongoing ...... 17. Alleged fundraising activities on federal property (e.g. White House coffees, Lincoln Bedroom) ...... 1996 ...... Ongoing ...... 18. Alleged Hatch Act violations (e.g. fundraising phone calls from official residences, acceptance of campaign checks by White House secretaries) ...... 1996 ...... Ongoing ...... 19. Alleged ‘‘conduit’’ contributions to the DNC in the ’96 elections (made at the request of and paid for by a third party) ...... 1997 ...... Ongoing ...... 20. Alleged foreign influence on U.S. elections and access to U.S. intelligence ...... 1997 ...... Ongoing ...... 21. Clinton Administration’s appointment of Charlie Trie to a special Commerce trade commission allegedly in return for campaign contributions ...... 1997 ...... Ongoing ...... 22. Justice Department failure to appoint an independent counsel to investigate alleged fundraising calls from the White House ...... 1997 ...... Ongoing ...... 23. Alleged quid pro quo—refusal by Interior Secretary Babbitt to grant a gaming permit to the Hudson Casino and Dog Track because of campaign contribu- 1997 ...... Closed ...... tions from opposing parties. 24. Designation of Grand Staircase-Escalante National Monument, allegedly in part to benefit a Texas mining company connected with James Riady which did 1997 ...... Ongoing ...... not want mining competition in Utah. 25. Alleged failure of FEC to prosecute fundraiser Howard Glicken, because of ties to Vice President Gore ...... 1997 ...... Ongoing ...... 26. Fundraising practices of state Democratic parties ...... 1997 ...... Ongoing ...... 27. Alleged use of White House databases for political purposes ...... 1996 ...... Ongoing ...... 28. Irregularities in the Teamsters 1996 elections ...... 1997 ...... Ongoing ...... 29. Alleged lack of compliance with subpoenas issued to White House, including failure to produce videotapes of White House coffees ...... 1997 ...... Ongoing ...... 30. Alleged acceptance by Webb Hubbell of White House-arranged ‘‘hush money’’ ...... 1997 ...... Ongoing ...... 31. Alleged White House obstruction surrounding allegations regarding Monica Lewinsky and her relationship with President Clinton ...... 1998 ...... Ongoing ...... House Oversight ...... 16 $1,510,000 32. Alleged voter fraud in the Dornan-Sanchez election contest in California’s 46th district in 1996 ...... 1997 ...... Closed ...... Intelligence ...... N/A 33. Alleged foreign influence on U.S. elections and access to U.S. intelligence ...... 1997 ...... Ongoing ...... 34. U.S. technology transfers to China, including allegations that political contributions influenced the Clinton Administration’s export policy ...... 1998 ...... Ongoing ...... International Relations ...... (*) 35. Alleged link between Clinton Administration’s trade policies and political contributions, including but not limited to alleged illegal contributions from Indo- 1996 ...... Closed ...... (*) nesian and Chinese sources. 36. U.S. technology transfers to China, including allegations that political contributions influenced the Clinton Administration’s export policy ...... 1998 ...... Ongoing ...... (*) Judiciary ...... 17 $1,445,000 37. Clinton Administration enforcement action against the Branch Davidians in Waco, Texas ...... 1995 ...... Closed ...... 38. Allegations that the Clinton Administration improperly influenced career prosecutors at the Justice Dept. to settle a civil racketeering lawsuit involving the 1996 ...... Closed ...... Laborers’ International Union. 39. Justice Department failure to appoint an independence counsel to investigate alleged fundraising calls from the White House ...... 1997 ...... Closed ...... 40. Justice Department oversight/preparation for impeachment proceedings ...... 1998 ...... Ongoing ...... National Security ...... (*) 41. U.S. technology transfers to China, including allegations that political contributions influenced the Clinton Administration’s export policy ...... 1998 ...... Ongoing ...... Resources ...... 18 $460,000 H5318 CONGRESSIONAL RECORD — HOUSE June 25, 1998

Cost to taxpayer (includes costs Subject of investigation (listed by committee and no.) Start date Status incurred by legis- lative branch only)

Note: There are more than 15 investigations ongoing in the Resources Committee which involve abuses of the investigative powers of the Congress. In several in- stances, committee Republicans have used investigations to aid a conservative legal foundation which has brought three lawsuits against the Clinton Administra- tion (these are discussed later in this report, under ‘‘Abuse of Subpoena Power.’’) Following is a description of some of the most clearly politically-motivated Re- sources Committee investigations. 42. Designation of Grand Staircase-Escalante National Monument, allegedly for political purposes ...... 1997 ...... Ongoing ...... 43. Alleged quid pro quo—refusal by Interior Secretary Babbitt to grant a gaming permit to the Hudson Casino and Dog Track because of campaign contribu- 1997 ...... Ongoing ...... tions. 44. Allegations that campaign contributions influenced Interior Department policies on Guam ...... 1997 ...... Ongoing ...... Rules ...... 19 $75,000 45. Allegations that former Energy Secretary Hazel O’Leary or her staff solicited a bribe for a Department of Energy contract ...... 1996 ...... Closed ...... 46. General investigation into fundraising activities of Clinton Administration and Democratic party officials ...... 1996 ...... Ongoing ...... 47. Alleged economic espionage for the Chinese government by John Huang while employed at the Commerce Dept...... 1996 ...... Ongoing ...... 48. Alleged foreign influence on U.S. elections and access to U.S. intelligence ...... 1996 ...... Ongoing ...... 49. China Ocean Shipping Company ...... 1997 ...... Ongoing ...... 50. Preparation for impeachment inquiry (based on referral to committee of Barr resolution, H. Res. 304) ...... 1997 ...... Ongoing ...... 51. Pentagon release to press of Linda Tripp’s personnel file ...... 1998 ...... Ongoing ...... 52. U.S. technology transfers to China, including allegations that political contributions influenced the Clinton Administration’s export policy ...... 1998 ...... Ongoing ...... Select Committee on China ...... $2,500,000 53. U.S. technology transfers to China, including allegations that political contributions influenced the Clinton Administration’s export policy ...... 1998 ...... Ongoing ...... Veterans’ Affairs ...... (*) 54. Alleged use of political influence and campaign contributions to allow for burial of non-eligible persons in Arlington National Cemetery ...... 1997 ...... Closed ...... Ways and Means/Joint Tax ...... (*) 55. Alleged politically-motivated IRS audits of conservative organizations ...... 1997 ...... Ongoing ...... Total cost for all committees ...... $17,121,000 * Less than $25,000.

DUPLICATION AND WASTE Reagan-appointed federal prosecutors and investigation conducted by the Education ‘‘It’s been very expensive and it hasn’t several grand juries thoroughly examined al- and the Workforce Committee has hired Jo- amounted to much.’’20—Senior Republican legations of money-laundering and traffick- seph DiGenova and Victoria Toensing as out- leadership aide. ing at the Mena, Arkansas airport during side counsel/consultants. The two together Many House committees are covering the Gov. Clinton’s term and concluded no indict- are to be paid $150,000 for six months of part- same ground: ments were warranted long before the House time work. They each receive $12,500 a Four House committees are investigating Banking Committee undertook its investiga- month for a 20-hour work week, which is the the influence of foreign governments on tion. equivalent—on a full-time annualized basis— American elections (Government Reform and The House investigation of campaign fi- of $300,000 a year, more than double the max- Oversight; Intelligence, International Rela- nance follows on a completed Senate inves- imum salary allowed for any employee of the tions; and Rules) tigation and a Justice Department probe. House of Representatives. Moreover, as con- Two House committees are looking into Much of Chairman Burton’s work directly sultants who are not bound by House ethics use of the Lincoln bedroom (Appropriations duplicates Senator Thompson’s investiga- restrictions, they have lobbied Members of and Government Reform and Oversight). tion: of the 524 subpoenas issued by Chair- Congress and provided legal representation Two House committees are looking into man Burton, 210 (more than 40%) are dupli- for their clients including Chairman Burton. the Hudson casino and dogtrack (Govern- cates of subpoenas issued in the already com- Finally, there are significant costs which ment Reform and Oversight and Resources). pleted Senate investigation. have not yet been accounted for, which are Two House committees are looking into an Furthermore, the House Government Re- attributable to the administrative costs of alleged Riady connection to the designation form and Oversight Committee has spent $6 producing and transmitting the vast of Grand Staircase-Escalate National Monu- million to produce only seven public hear- amounts of documents in these duplicative ment (Government Reform and Oversight ings and hastily doctored transcripts of Web- and overlapping investigations. ster Hubbell’s phone calls. By comparison, and Resources). CENTRAL CONTROL the Senate Governmental Affairs Committee Two House committees investigated Waco ‘‘Newt has made it very clear to the chairman (Government Reform and Oversight and Ju- finished its work months ago, having spent a total of $3.5 million hold 33 days of hearings how important this investigation is, a source diciary). said after the meeting.’’ 24 Both the Education and the Workforce and publish a 1,100 page report. The tower of wasted dollars has been built ‘‘Gingrich forced this thing, that’s very clear. Committee and the Government Reform and up brick by brick. In June 1997, the House The guy has tried to micromanage the investiga- Oversight Committee have issued similar 25 Government Reform and Oversight Commit- tion every step of the way.’’ subpoenas to the International Brotherhood tee sent three staff members to Miami to re- The fingerprints of Republican party lead- of Teamsters, the Ron Carey campaign, and trieve a computer disk. The two-day trip (six ers are all over the political investigations Citizen Action to gather information related working days of staff time) cost several in this Congress. This is a dangerous sign be- to the contested union election of 1996. thousands of dollars. Later the minority dis- cause legitimate congressional inquiries The Judiciary Committee and the Govern- covered that nothing prevented those who spring from legislative purposes. Committees ment Reform and Oversight Committee both had the disk from mailing it for the cost of are responsible for investigating whether the investigated the Attorney General’s decision first-class postage. 21 laws under their jurisdiction are adminis- not to appoint an independent counsel to in- The Government Reform Committee also tered properly and effectively, whether new vestigate campaign finance matters. The At- paid for Charles Intriago, a Florida business- laws are needed and whether old programs torney General testified at the Judiciary man, to fly to Washington, D.C. to be de- still serve a worthwhile purpose. Given these Committee on October 15, 1997; less than two posed despite the fact that his attorney had aims, one expects the initial inquiry to come months later she was called to answer the made clear that Mr. Intriago would assert from the legislators involved in the issues, same questions before the Government Re- his Fifth Amendment right not to testify.22 not from a directive of the party leaders. form and Oversight Committee. The bill came to several thousands of dol- But the Republican House leadership, in Duplication within the House is only a lars—after travel expenses, court reporter the 104th Congress, issued urgent instruc- part of the picture. fees and staff time—even though the com- tions to all the committees to dig up dirt on Both the large investigations and the more mittee knew he would answer no questions. specific enemies of the Republican party: focused inquiries in the House are covering The committee spent $62,000 on domestic ‘‘On behalf of the House leadership, we have the same ground covered by Senate inves- travel last year, has authorized more than been asked to cull all committees for infor- tigations, Justice Department examinations, $50,000 this year, and tapped a State Depart- mation . . . The subjects are: waste, fraud and explorations by federal prosecutors and ment account to pay for two trips abroad. and abuse in the Clinton Administration; in- grand juries. Chairman Burton rewarded his staff by fluence of Washington labor union bosses/ The Senate Commerce Committee already providing ‘‘lavish bonuses to his investiga- corruption; examples of dishonesty or ethical looked into the FCC relocation into the Por- tors.’’ 23 The former investigation coordina- lapses in the Clinton administration.’’ 26 tals Building. The House Commerce Commit- tor, David Bossie, received three pay raises The memo lists as the contact person a tee recently authorized eight subpoenas in in the course of a single year, bumping him staffer in Majority Leader Dick Armey’s of- the same matter and several have been up to an annual wage of $123,000. The firm of fice. issued. the lead attorney, Richard Bennett, is paid After the Republican leadership issued In addition to the $1.6 million spent by the $15,000 a month, far more than the maximum their general call to investigate and harass House investigating Whitewater: the Senate amount permitted for congressional employ- its enemies, they did not keep their hands spent $1.8 million; the RTC spent $3.6 mil- ees. off. The leadership waded into the details of lion; and the independent counsels have Government Reform is not the only com- many of these political investigations, prod- spent $30 million. mittee with expensive staff. The Teamster ding them on. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5319 Gingrich slush fund President of the Laborers International Lawsuits challenging the President’s monu- The clearest indication that the Speaker Union of North America, recently received a ment declaration had been filed by several intended all along to maintain control of the ‘‘sweetheart’ deal from the Clinton DOJ in interest groups, including the Rocky Moun- investigations was evident, though little the face of a 212 page racketeering com- tain States Legal Foundation. There is little noted, on day one of the 105th Congress. On plaint.’’ doubt the Foundation could not obtain the January 7, 1997, the House adopted, by party- It should be noted that the Judiciary Com- documents through a Freedom of Informa- line vote, its rules for the new Congress. Em- mittee majority report filed after the inves- tion Act (FOIA) request or as a litigant. The bedded among them was a small item (sec- tigation was completed admitted that there Salt Lake Tribune reported that Chairman tion 15 of House Resolution 5) which author- was no direct evidence of ‘‘wrongdoing’’ or Hansen subpoenaed the Grand Staircase- ized a committee reserve fund for ‘‘unantici- ‘‘improper influence.’’ Moreover, the Repub- Escalante documents and released them to pated committee needs.’’ The fund is under lican report concluded that the settlement help those suing the federal government. the Speaker’s control through the House which there leadership had called a ‘‘sweet- ‘‘Concern that one goal of the Congressional Oversight Committee. On March 21, the heart deal’’ had in fact ‘‘produced positive investigation may be to benefit the lawsuits House capitalized the slush fund to the tune results.’’ 31 challenging the document appear to be valid. of $7.9 million. The House placed an unprece- Campaign finance After the release of the internal White House dented multi-million dollar slush fund in the The series of investigations on campaign documents, Rep. Jim Hansen R–Utah was hands of a Speaker for the purpose of fund- finance by the Government Reform and quoted as saying: ‘They [the groups suing] ing, controlling, and directing partisan in- Oversight Committee have, from their incep- will feel they hit the mother lode with this. vestigations. To date, the Speaker, without a tion, been closely monitored by the Repub- That’s one reason I pushed to make the doc- 35 vote of the House, has given $5.3 million lican House leadership. In June 1997, Speaker uments public, to help them’.’’ from the fund to three committees in con- Gingrich told CNN’s ‘‘Inside Politics’’ that The same pattern was followed in the in- nection with politically-motivated investiga- he would be ‘‘overseeing how Burton’s com- vestigation of the Bureau of Land Manage- tions: mittee investigation is unfolding.’’ 32 At ment’s issuance of mining bonding regula- Education and the Workforce ($2.2 million) about the same time, Roll Call reported that tions. The mining industry has filed suit 36 to to look into labor unions; Speaker Gingrich assigned four senior Re- challenge the bonding regulations; the suit is Government Reform and Oversight ($1.8 publicans to meet regularly with Chairman pending in the U.S. District Court for the million) to continue its one-sided investiga- Burton to ‘‘allow Gingrich and his leadership District of Columbia. The mining industry is tion into alleged Democratic campaign fi- to keep close tabs on Burton and his plans represented by the Rocky Mountain States nance irregularities; and for the investigation . . . ‘Newt just wants to Legal Foundation, the same group litigating Judiciary ($1.3 million) to prepare for a po- monitor the situation and be prepared to act to overturn the President’s Utah monument tential impeachment investigation. when necessary,’ [according to a Republican declaration.37 The Resources Committee has The remainder is being held in reserve by leadership advisor].’’ 33 Another account developed a draft report concluding that the Speaker Gingrich for the next partisan in- quotes ‘‘a close Gingrich advisor’’ who gives bonding regulations are illegal and the re- vestigation he decides to pursue. this rationale for the Speaker appointing port will be made public shortly. It contains As one senior Republican leadership aide Representative Chris Cox as vice chairman documents subpoenaed from the Department said, ‘‘It’s been very expensive, and it hasn’t under Chairman Burton: ‘‘The Speaker’s real of Interior, including attorney-client work amounted to much.’’ 27 goal is ‘to encircle’ the chairman and ‘put products that are otherwise not attainable Teamsters him on a short leash.’’’ 34 Time magazine by the litigants. These abuses of the subpoena power have The Speaker stepped into the Education quotes another Republican leadership aide: made the agencies understandably wary of and the Workforce probe of the International ‘‘We only gave him [Chairman Burton] even voluntary requests for documents. A Brotherhood of Teamsters in its earliest money for this year. That way, if he tanks, case study is the request by Resources Sub- stages. ‘‘House Speaker Newt Gingrich has we can pull the plug on him.’’ committee on Energy and Mineral Resources intervened on behalf of hard-liners in a sim- ABUSE OF SUBPOENA POWER Chair Barbara Cubin (R–WY) for certain doc- mering dispute among Republicans on the A subpoena is a powerful tool. It compels uments at the Bureau of Land Management House committee investigating the Team- people to produce documents, even if compli- (BLM) relating to proposals to recover the sters union . . . Committee sources said ance is against their wishes and best inter- costs of mineral document processing. In Chairman Goodling is worried that the good ests, and threatens criminal sanctions for June, 1997, the oil and gas industry (includ- relations he has had with Democrats on edu- failure to comply. ing the Rocky Mountain Oil & Gas Associa- cation issues is being jeopardized by the Congressional subpoenas are more intru- tion, the Independent Petroleum Association Hoekstra subcommittee investigation . . . sive than court subpoenas because many pro- of America, the Independent Petroleum As- ‘Newt has made it very clear to the chair- tections of individual rights do not apply to sociation of Mountain States, the New Mex- man how important this investigation is,’ a documents requested in the course of a con- ico Oil & Gas Association, the Western source said after the meeting. ‘He told the gressional investigation. Congress is not al- States Petroleum Association, the American chairman, ‘‘You need to support it.’’ ’ ’’ 28 ways required to recognize the attorney-cli- Association of Professional Landmen, the The intervention of leadership did not stop ent privilege, the work product doctrine or California Independent Petroleum Associa- there. As recently as April 30, 1998, it was re- other privileges protecting individuals’ pri- tion, the American Petroleum Institute, the ported that Mr. Gingrich again asked to vacy ordinarily recognized in the course of Independent Petroleum Association of New meet with Chairman Goodling and sub- litigation. A committee demanding docu- Mexico, and the Wyoming Independent Pe- committee chair Hoekstra and, according to ments in the course of an investigation is troleum Association) filed a Freedom of In- sources, the Speaker ‘‘gave his thoughts on also exempt from the Privacy Act and from formation Act (FOIA) request at the Depart- where the investigation should go.’’ 29 Bank Secrecy laws. ment of Interior for certain documents.38 In Laborers Leaking subpoenaed documents to help GOP November 1997, the same industry requesters At the behest of the Republican leadership, friends informed the BLM that the documents in the Judiciary Committee conducted an in- A troubling pattern of Republican abuse of question may be used in litigation against vestigation into the Administration’s suc- their subpoena power has been the leaking of the Department in the event the Department cessful efforts to rid the Laborers’ Inter- subpoenaed documents to help political al- adopts certain regulations relating to recov- national Union of organized crime influence. lies in pending litigation against the federal ering costs of mineral document process- In a series of memos, the leadership preju- government. ing.39 Commercial companies making FOIA dicially charged the Administration with im- Congress can compel the production of requests are required to pay for the costs of properly influencing career prosecutors at some documents that private litigants do gathering, reviewing and copying the docu- the Justice Department to settle a civil not have a right to see. The Resources Com- ments. The industry and the BLM began ne- racketeering lawsuit involving the Laborers’ mittee has used this technique in several in- gotiating about how much the requesters Union. Rep. John Boehner (R–OH), chairman stances to help Republican friends. The docu- had to reimburse the agency and whether of the House Republican Conference, wrote ment subpoenas issued in relation to the certain documents were protected by litiga- urging investigations into ‘‘the action by President’s designation of the Grand Stair- tion privileges. In March 1998, in the midst of Clinton appointees in the Justice Depart- case-Escalante National Monument in Utah these negotiations, Rep. Cubin wrote the ment to quash the efforts by Justice Depart- are a clear example. Documents were deliv- Secretary Babbitt requesting the very docu- ment prosecutors to clean up Coia’s ered to the committee under subpoena from ments in question. Ms. Melanie Beiler, as- union.’’ 30 Shortly thereafter, he followed up the White House, on October 22, 1997, with sistant to the Secretary, responded to the re- with a Republican Conference report titled, the comment from White House counsel quest noting: ‘‘We have learned that there is ‘‘Washington’s Union Bosses: A Look Behind Charles Ruff that the documents ‘‘implicate a Freedom of Information Act (FOIA) re- the Rhetoric,’’ in which it is stated that: substantial confidentiality interests of the quest pending in the BLM . . . requesting ‘‘Washington union bosses [are] winning Executive Branch.’’ The subpoenaed docu- documents virtually identical to those in- favor with the Clinton Administration to ments included communications among the cluded in your request . . . The Department block Justice Department investigations President, the Vice President and their sen- is also concerned that documents provided to into union boss corruption . . . Arthur Coia, ior advisors reflecting their deliberations. the Subcommittee that would be protected H5320 CONGRESSIONAL RECORD — HOUSE June 25, 1998 from disclosure under FOIA or in any litiga- Senate Democratic Leader Tom Daschle (D– Enemies list subpoenas tion will be made available to potential liti- SD) had agreed and notified Chairman Bur- In the Sanchez-Dornan investigation led by gants against the United States through ton that, in order to protect the independ- the House Oversight Committee, Republicans your Committee. In light of this, please ad- ence of the two chambers, Mr. Clemons approved 42 highly burdensome subpoenas to vise us whether you wish to proceed with should not be called to testify. Chairman a wide variety of individuals and entities your request, and if so, what safeguards are Burton canceled his hearing but released the that Mr. Dornan identified: Catholic Char- appropriate to ensure that documents pro- notes, disregarding the Senate’s concerns. ities, a local community college (Rancho tected from disclosure by FOIA and litiga- Subpoenaming tax records Santiago Community College), the Lou tion privileges are not made available to po- There is also a pattern of Republican abuse Correa for Assembly campaign, the Laborers tential litigants against the United of subpoena power with regard to tax Union and the Carpenter’s Union. All the fi- States.’’ 40 records. Chairman Burton subpoenaed sev- nancial records of the Catholic Charities and The request is still outstanding. eral tax accountants for their tax prepara- their affiliates were subpoenaed. The com- The Resources Committee is not alone in tion materials relating to specific clients, in- munity college was asked to produce the pri- using the subpoena to help friendly private cluding accountant Donald Lam with regard vate, personal files of more than 22,000 stu- litigants. The Teamsters investigation at the to Mr. Sioeng, and accountant Michael C. dents who had taken ‘‘English as Second Education and Workforce Committee has Schaufele with regard to Webster Hubbell’s Language’’ classes; it was an attempt, ulti- seen a similar pattern. A suit was brought taxes. It is against the law for an accountant mately futile, to find illegal aliens who had against the international Brotherhood of to reveal information gathered to prepare voted. Republicans issued overly broad sub- Teamsters to force them to disclose certain tax returns without either the consent of the poenas asking for sensitive political infor- documents. After a court ruled against dis- client or a court order.47 When his client did mation from the Sanchez campaign and oth- closure, the Chairman subpoenaed the same not consent to release and when Mr. Burton ers without agreeing on a protocol for its use documents for his investigation. failed to seek a court order, lawyers for Don- Chairman Burton was also just recently and distribution. ald Lam informed the committee that for his Initially, Mr. Dornan issued subpoenas in caught trying the same tactic. He subpoe- client to comply with the subpoena would his own name.53 The United States District naed all White House records related to Hil- subject him to criminal penalties.48 One Court ordered their recall 54 as ‘‘irregular on lary Clinton and the White House Counsel’s week later, Chairman Burton threatened ac- their face.’’ Among other documents, Mr. office acquisition of FBI files of former countant Donald Lam with contempt of Con- Dornan wanted student records protected by White House employees.41 The subpoena was gress if he did not provide information to the the Privacy Act from a Florida company suspicious because the Committee had com- Committee.49 hired by the Immigration and Naturalization pleted a thorough investigation of the mat- Moreover, federal law prohibits any House Service to conduct citizenship classes. Mr. ter in the last Congress, under a different committee, except the tax committees, from Dornan altered one of the recalled subpoenas chairman. The subpoena appears to be ‘‘de- issuing a subpoena for tax records without to make it appear as if it had been signed by signed to bolster the private lawsuit of Judi- special authorization by the House to seek a Florida judge. He then used the altered cial Watch, a nonprofit group headed by a such records.50 Chairman Burton’s subpoenas subpoena to convince the company to turn leading Clinton critic Larry Klayman.’’ 42 are even more questionable in light of the over the private records. Despite written Klayman is quoted in The Hill saying that deliberate withdrawal of language that promises to keep the records sealed, Mr. Dor- the Committee and Judicial Watch ‘‘gen- would have granted Chairman Burton this nan opened the records and made them pub- erally know what each other is doing’’ and authority. The House adopted House Resolu- lic. that Judicial Watch would be ‘‘interested to tion 167 granting Chairman Burton broad and On May 1, 1997, Congresswoman Sanchez see’’ the documents that the Committee has unprecedented unilateral authority to pur- and her attorneys filed objections with the obtained.43 sue his investigation. Before the Rules Com- Plaintiffs suing the federal government to House Oversight Committee based on Mr. mittee marked up that resolution, a draft Dornan’s use of the altered subpoena. The overturn the decision to deny the Hudson ca- resolution was circulated for review. The sino application were also helped by House Committee refused to consider her objec- draft resolution contained language giving tions. In fact, the Committee approved 24 investigators to documents they sought from unilateral authority to request tax records the Interior Department and the Democratic new subpoenas issued by Mr. Dornan by or- of any ‘‘individuals and entities named by dering the individuals to comply. National Committee. The Interior Depart- the Chairman of the Committee as possible Overly broad subpoenas ment gave certain documents to the Govern- participants, beneficiaries, or intermediaries ment Reform and Oversight Committee, in- in the transactions under investigation by To be legitimate, a subpoena calls only for cluding documents prepared by the U.S. At- the Committee.’’ 51 The language was pertinent and admissible information with a torney’s office in connection with the law- dropped immediately before the Rules Com- fair degree of specificity. suit. Ordinarily these items would be denied mittee markup. In this way, a deliberate de- Many of the subpoenas issued by the Re- to plaintiffs on grounds of work-product and cision was made to deny Chairman Burton publicans have been overly broad and bur- attorney-client privilege Chairman Burton authority to seek tax records. densome. The Education and the Workforce released the document despite the Interior Chairman Burton was not alone in this Committee subpoenaed all the minutes of Department’s objections.44 As to the release abuse of the subpoena power. Chairman every Board meeting of the International of DNC documents, an employee, David Mer- Hoekstra requested, by letter, that the ac- Brotherhood of Teamsters for the past seven cer, testified under oath that he was con- counting firm of Grant Thornton, the team- years and virtually all of its financial tacted by a Milwaukee reporter who told sters’ outside accountants, produce all work records for the period 1991 through 1997. The him, ‘‘investigators had released documents papers, correspondence files and other docu- documents requested include all sorts of from the House committee to lawyers in the ments it held relating to the preparation of matters (discussions of collective bargaining [Hudson] litigation, and then the lawyers re- the Teamsters’ financial statements and fed- strategies, etc.) unrelated to the investiga- leased it to the press . . . the press was call- eral income taxes. Knowing it was against tion of the 1996 Teamsters elections. The ing me to find out . . . what other documents the law to comply with the committee’s re- Teamsters estimated that the original sub- we were handing over to the House.’’ 45 quest without the consent of their client, the poena would require them to produce be- This misuse of Congressional subpoena Grant Thornton accountants sought the tween one and five million pages of docu- power to benefit favored private parties in- Teamsters’ permission to produce the docu- ments in order to comply. They were given volved in federal court cases is absolutely ments. The Teamsters originally objected, 14 days to comply. Then the committee had appalling. These types of actions raise some saying the request was too broad and that to revoke the original subpoena, because Re- very serious questions. they needed time to review the documents. publican staff had altered it after the com- But subpoenaed documents leaked for The Grant Thornton accountants then re- mittee had voted. The second subpoena was much simpler reasons raise equally troubling turned to the Republicans and tried to nego- identical but gave the Teamsters only one questions. Chairman Burton’s release of sub- tiate a narrowing of the request. The Repub- week to comply. When the Teamsters sought poenaed Bureau of Prisons recordings of licans promptly wrote to the Teamsters, in- to negotiate the scope of document demands, phone conversations between Webster Hub- sisting they withdraw their objections and Education and the Workforce counsel first bell and his wife and doctored transcripts of agree to let the accountants release the tax threatened them with contempt.55 Only with- selected portions of those tape have led records by 5 p.m., April 8, 1998 or else ‘‘the in the last week have Republicans begun to many to question his fairness as a ‘‘seeker of Subcommittee will consider the means avail- discuss limiting their demand. truth.’’ But his leaks began when he took able to it to enforce compliance, including In the same fashion, Education and the charge in November 1996. It was promptly re- the institution of proceedings for contempt Workforce subpoenaed from the Democratic ported that ‘‘Burton confirmed that . . . one of Congress.’’ 52 Before the deadline passed, National Committee all records of fundrais- of his top aides improperly leaked the con- the Chairman issued a subpoena and it was ing phone calls to labor leaders from Janu- fidential phone logs of former Commerce De- served on the Grant Thornton firm on the ary 1‘995 through December 1997. The sub- partment official John Huang.’’ 46 On Feb- afternoon of April 8, 1998. poena asks for phone calls to all labor lead- ruary 27, 1998, he released his staff’s notes of Needless to say, the Education and Work- ers; it is not confined to the Teamsters who an interview with Steven Clemons, a former force Committee is no more authorized by are under investigation. Recently, Repub- aide to Senator Jeff Bingaman (D–NM). Sen- the House to seek tax records than the Gov- licans agreed to limit phone calls to the ate Majority Leader Trent Lott (R–MS) and ernment Reform Committee. AFL–CIO, SEIU, AFSCME and Teamsters. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5321 But the subpoena still demands information separate elements must appear before ‘‘The focus has got to be on the crimes that about all fundraising calls, not limited to pertinency is established: (1) that the mate- are being committed at the White House,’’ one the Carey campaign, and not even limited to rial sought or answers requested are related lawmaker quoted Gingrich as saying, ‘‘I want the 1996 election cycle. to a legislative purpose which Congress could you to forget the word ‘scandals’ and start The Committee on Government Reform constitutionally entertain; and (2) that such using the word ‘crimes.’’ 65 and Oversight followed the same model when material or answers fell within the grant of ‘‘Unlike Thompson, who sought a degree of it subpoenaed the Democratic National Com- authority actually made by Congress to the evenhandedness, the more partisan House is mittee on March 4, 1997 with an astonish- investigating committee. . . ’’ 59 looking almost exclusively at Democratic abuses, ingly broad demand. It called for all DNC The last element is significant and has avoiding inquiries into questionable practices records relating to its senior staff (including been amplified. The fact that a committee is employed by Republicans to raise record-shat- memos dealing with internal budgeting, engaged in an investigation within the com- tering amounts of money in 1996.’’ 66 campaign strategies, media buys, issue and mittee’s jurisdiction does not make valid a Molten metal advertising strategies, and other political specific subpoena issued by the committee. The textbook example of Republicans tar- activities totally unrelated to the matters of As the Supreme Court stated: ‘‘Validation of geting a political opponent has to be the fund-raising that the Committee is inves- the broad subject matter under investigation Commerce Committee’s ongoing harassment tigating) and for all DNC phone records from does not necessarily carry with it automatic of Peter Knight. Knight was picked because January 20, 1993 forward, again without even and wholesale validation of all individual he is a friend of and former chief aid to Vice limiting the scope to matters related to questions, subpoenas, and document de- President Al Gore, and a campaign manager fund-raising.56 mands.’’ 60 of the 1996 Clinton-Gore campaign. Repub- The purpose here is obvious: to cast a wide And the courts have also ruled that before licans on the Commerce Committee tried to enough fishing net to capture all sorts of in- a committee can properly adopt a contempt smear Knight first through an investigation teresting but irrelevant tidbits (like cam- resolution, the committee must hear the ob- of a company called Molten Metal Tech- paign strategies) and to force the Demo- jections—including the claim that the sub- nology, and then through an investigation cratic National Committee to devote its re- poena is overly broad and asks for material into the decision to move the Federal Com- sources to comply (or to fight) the overly that is not pertinent to the investigation— munications Commission (FCC) into the Por- broad subpoena. and must formally dispose of the objections. tals Building in southwest Washington, D.C. Chairman Burton also subpoenaed the The committees have been a little quick Molten Metal Technology Inc. hired Peter White House for all phone records from Air on the trigger to threaten criminal con- Knight, along with several other lobbyists Force One and Air Force Two and all records tempt. In the Education and the Workforce from both political parties, for strategic ad- vice in obtaining government contracts. of visitors to the White House since 1993.57 investigations, subpoenas issued to the Knight drew the attention of Rep. Joe Bar- These demands for documents were not lim- Teamsters and the DNC demanded massive ton (R–Tex.), the chair of the Commerce ited to matters related to fund-raising or amounts of documents to be produced within Committee’s oversight subcommittee, be- matters relevant to the committee’s inves- one week. Before the Republicans negotiated cause Knight had previously worked with tigation; moreover, in making the demand, either the scope or timing of the subpoenas, Thomas Grumbly. Grumbly was the Depart- there was no consideration given to national they threatened to cite the organizations ment of Energy (DOE) Assistant Secretary security or the Clinton family’s privacy. with contempt of Congress if they failed to for Environmental Management during part The Resource Committee follows the Re- comply in full. of the time of the Molten Metal contract. publican script on overly broad subpoenas. Chairman Hoekstra showed he was also Years before, Grumbly had served as staff di- Chairman Young of the Resources Commit- quick to threaten contempt in the American rector for a subcommittee of the House tee has repeatedly made document demands Workers Project investigation in which his Science Committee when then-Representa- from the Interior and Agriculture Depart- staff had requested meetings with several tive Gore had been chairman (and Peter ments which are aimed at intimidating those Labor Department officials. The Labor De- Knight, Gore’s chief of staff) and this ‘‘coin- departments and coercing them into making partment people asked that Democratic staff cidence’’ seemed suspicious to the Repub- decisions which are advantageous to their be included in the meeting. Chairman Hoek- lican members of the subcommittee. Republican constituency. In its investigation stra promptly wrote to the Secretary of DOE is required to dispose of wastes it has of Forest Service timber sales, the Commit- Labor, reminding her that: ‘‘An agency has a been gathering, and spends over $1 billion on tee demanded documents from the Forest legal obligation to comply with the chair- cleanup and cleanup technologies. Molten Service indicating every agency contact man’s oversight request. Under 18 U.S.C. Metal Technology had a unique process for with environmentalists and subpoenaed 1505: ‘Whoever . . . obstructs, or impedes . .. disposal and won a contract from DOE and, records of all contacts by the white House the due and proper exercise of the power of over the years, the contract was expanded. Council on Environmental Quality. The inquiry under which any inquiry or inves- Ironically, the DOE made its first contract Committee also issued overly broad subpoe- tigation is being had by either House, or any with Molten Metal under the Bush Adminis- nas in its Grande Escalante Monument in- committee of either House . . . shall be fined tration. Nonetheless, the subcommittee de- vestigation, demanding even those docu- not more than $5,000 or imprisoned not more cided to investigate whether Department of ments that reflect advice to and policy delib- than five years, or both.’ ’’ Energy decisions with respect to the Molten erations of the President, Vice President and The Resources Committee found a creative Metal Technology contract were influenced their senior advisors. In the Tucson Rod and way to use the holiday calendar to constrict by Mr. Knight and Democratic campaign Gun Club investigation, the Committee further the 10 days they gave the Democratic contributions. issued six recess subpoenas to the Forest National Committee to comply with broad The most cowardly aspect of this whole af- Service again asking for extensive informa- subpoenas in the Hudson casino investiga- fair was the Republican decision to hold tion beyond the scope of the investigation. tion. It had the feel of setting up a contempt hearings—even after the investigation failed These subpoenas intentionally overwhelm citation. On Thursday, December 18, 1997, to produce evidence of wrongdoing—in order the agency staffs required to respond to Resources Committee Chairman Don Young to make Knight deny in public the allega- these multiple unfocused investigations, de- (R–AK), issued broad subpoenas for docu- tions the subcommittee knew it couldn’t priving them of the time necessary to carry ment production to eight individuals: Roy prove. The basis for the subcommittee’s cra- out their other duties. They also do great Romer, DNC Chairman; Don Fowler, former ven decision is on the record. The sub- damage to the right of confidentiality and DNC Chairman; Eric Kleinfeld, Clinton-Gore committee counsels (chief counsel Mark security of their conversations, meetings, ’96; and five people at the law firm of O’Con- Paoletta and counsel Tom DiLenge) wrote an and decisions. nor and Hannan. The Committee made no internal memorandum ‘‘to set forth the key findings from our investigation of Molten Contempt of Congress prior effort to obtain the documents volun- tarily by letter request but simply issued the Metal Technology (‘MMT’) relationship and A person who has been subpoenaed to subpoenas. Document delivery was demanded contracts with the Department of Energy produce documents and fails to do so may be immediately after the holiday weekend, on (‘DOE’) and to lay out our recommendation guilty of a misdemeanor punishable by a fine Monday, December 29 at noon. that the Subcommittee hold a hearing on of up to $1,000 and imprisonment for up to 1 this matter on October 30.’’ 67 In summing up year.58 This is contempt of Congress and it is TARGETING POLITICAL ENEMIES the major findings, the counsels state: a serious criminal offense. ‘‘If Organized Labor launches a $35 million ‘‘many of the DOE career people gave signed Because it is a serious criminal offense, the campaign against you, you’re not going to lay statements to the DOE Inspector General’s courts have been asked to review criminal down and play dead.’’ 62—House Judiciary Office, swearing that nothing improper oc- convictions. Committees do not have to ac- Committee Chairman Henry Hyde (R–Ill.) curred with regard to the MMT contract’’ 68 cord all the protections the court must but ‘‘I’m after him [President Clinton].’’ 63—House and ‘‘most of the career people who were di- certain standards have to be met before a Government Reform and Oversight Commit- rectly involved in the handling of this contempt citation will be sustained. tee Chairman Dan Burton (R–Ind.) contract . . . believed that CEP [Catalytic Federal courts have held that to prove con- ‘‘This is a matter of consequence when that Extraction Processing, a technology used to tempt requires Congress to show that the contractor is a substantial contributor to the treat and recycle radioactively-contami- subpoenaed documents are pertinent. The Democratic party. These things need to be inves- nated scrap metal] was a promising tech- United States Court of Appeals for the Third tigated and people need to come through.’’ 64— nology for certain mixed wastes and worth Circuit explained the term ‘‘pertinent’’: ‘‘two House Majority Leader Dick Armey (R–Tex.) investing in.’’ 69 H5322 CONGRESSIONAL RECORD — HOUSE June 25, 1998 The final two conclusions of the counsels less than 2% were in response to requests viewed, the facts gathered, or the numerous are most damning: ‘‘Despite the incredible about Republican fund-raising abuses. contacts with the agencies—to suggest it coincidence of MMT’s political contributions Several other House committees also de- was targeted at money laundering. and favorable DOE contract actions, all par- manded massive numbers of documents from Money-laundering was merely a committee ties denied there was any link, and everyone the DNC and many of these, of course, dupli- hook to carry on the investigation. The in- at DOE (including Grumbly) said there were cated requests made by Senate investigators. vestigation was clearly aimed at the role of no discussions about MMT’s contributions at By deluging the Democratic National Com- then-Governor Clinton and the political ac- all; there also is no documentary evidence to mittee with demands for documents, Repub- tivities of the people surrounding him. It was contradict these assertions. licans forced the DNC to hire 22 new employ- part of a pattern of looking and re-looking at ‘‘Finally, and not surprisingly, we have not ees—including 10 attorneys—to respond. The every aspect of Governor Clinton and his as- uncovered any intervention or interference DNC has produced over 450,000 pages of docu- sociates. The final report from the majority on the part of the Vice President (or his of- ments (and had to search through more than staff is still pending. fice) with regard to MMT’s DOE con- 10 million pages to find responsive docu- Ethnic groups tracts.’’ 70 ments) just in response to Chairman Bur- An extremely disturbing form of targeting After they confess their failure to prove ton’s requests. It cost $5.7 million just to has been aimed at certain ethnic groups. Re- any wrongdoing, they move to the question produce these documents. Another $7.5 mil- publicans on the House Oversight Committee of whether the subcommittee should hold lion was spent on legal fees. That was $13.2 targeted Latino voters in the Sanchez-Dor- hearings. ‘‘The pros of holding such a hear- million not spent on voter education or ‘‘get nan election probe, and many of the House ing are . . . (ii) it forces the key players to out the vote’’ efforts, activities that are the and Senate campaign finance investigations deny allegations of misconduct under purpose of the DNC. have focused on Asian-Americans. According oath . . . and (v) will likely generate enor- Chairman Burton has also targeted state to the Wall Street Journal, ‘‘nearly 300 peo- mous press coverage . . . The cons of hold- Democratic parties. In February and March, ple with Asian-sounding names’’ were sub- ing such a hearing are (i) there is no smok- 1998, the Chairman subpoenaed 14 state poenaed.78 In many cases, committees were ing gun, which opens us up to partisan criti- Democratic parties: Arkansas, California, careless about identifying the right person cism for engaging in a witchhunt or smear of Florida, Georgia, Illinois, Kansas,74 Louisi- with the Asian-sounding name. The Govern- Democrat[ic] official, lobbyists, and fund- ana, Maine, Michigan, New Hampshire, New ment Reform and Oversight Committee in raising practices . . . and (iv) there are doc- York, North Carolina, Ohio, and Pennsyl- October 1997 subpoenaed the phone records of uments and witnesses that undercut our case vania. Mrs. LiPing Chen Hudson 79, though the com- against Grumbly, Knight and MMT which The Committee asked for all documents re- mittee was interested in a different LiPing the minority (and the well-prepared wit- lating to certain individuals. Yet despite the Chen. In fact, the Hudsons had not been in- nesses) certainly will raise.’’ 71 fact that some of the named individuals (e.g., volved in any political campaign this decade. Peter Knight testified well into the night Kenneth Wynn) contributed to state Repub- The carelessness caused some to wonder if on November 5, 1997. lican campaigns, Chairman Burton has not Asian-Americans were being targeted in Chairman Barton recently wrote to certain requested any information from state Repub- order to chill their political participation.80 government witnesses asking questions for lican parties nor issued a single subpoena to ABUSE OF INDIVIDUAL’S RIGHTS the official record, saying ‘‘it will be nec- a state Republican party. ‘‘You wake up with a knot in your stomach, essary for you to provide your written re- Most of the information being sought from and you wonder what your kid’s friends say to sponses in the form of a sworn affidavit,’’ Democratic state parties is readily available him. My wife obsesses about it.’’ 81.—Peter even though there is no House requirement through public sources such as state cam- Knight that written responses for a hearing record paign finance reporting agencies. The sub- ‘‘This is unbelievable . . . I have no idea why 72 be in the form of a sworn affidavit. poenas impose unnecessary burdens and tie they have my name.’’ 82—Professor Wang The Molten Metal hearings brought bad up Democratic state resources, making In testimony before the House Rules Com- press on a Democratic campaign manager Democrats in those states less competitive mittee last year,83 Rep. John Dingell (D– (Peter Knight) with ties to the Vice Presi- in the next election. Mich.) described what a congressional inves- dent (Al Gore) and drove into bankruptcy a Chairman Burton has been quite vocal tigation is like from the perspective of the company that was developing technology to about who he is out to get. Speaking of witness: ‘‘I don’t know how many in this clean the environment (Molten Metal Tech- President Clinton, he said, ‘‘This guy’s a room have participated in congressional in- nology). From the Republicans’ perspective, scumbag. That’s why I’m after him.’’ 75 He vestigations, but they are a rather scary it was a triple win. And they ‘‘accomplished’’ announced his targeting of Democrats at a event. You [the witness] are up there very so much with an allegation they knew they GOPAC luncheon in 1997: ‘‘Brashly acknowl- much alone. You may have a counsel couldn’t prove and for which they acknowl- edging his own partisan motives during this present, but that counsel can only advise edged the exculpatory evidence was very closed meeting of political allies, Burton you as to your rights. He can’t defend you. strong. tells the GOPAC crowd that the current And the rights that you have in an appear- Plus, the subcommittee has already begun fundraising scandal will turn out to be the ance before a congressional committee are another smear job on Knight. The General Democrats’ Watergate, resulting in a new far less, far less, than the rights that you Services Administration, again under the gain of ‘twenty to twenty-four seats’ for the have when you appear in court. A Member of Bush Administration, recommended the relo- GOP in next year’s congressional elections. Congress under the Speech and Debate clause cation of the FCC to the Portals location. ‘It’s over,’ he hollers.’’ 76 can say almost anything he want to you. He Republicans have discovered that Peter Chairman Burton’s chief counsel, John P. can abuse you. He can make some of the Knight received a payment from Franklin Rowley III, resigned on July 1, 1997 and was most scandalous and outrageous charges. He Haney, the owner of the Portals Building, interviewed in the Washington times.77 Mr. can deny you the real right to respond to the and this fact somehow raised suspicions at Rowley commented on the role of the inves- questions and answer charges that are made the subcommittee. The subcommittee has tigative coordinator, David Bossie, (who re- in his comments to you, about you. It is ter- authorized eight subpoenas to individuals signed in May, 1998 following the Hubbell rifying and it is oftentimes a demeaning ex- and several have been issued. But despite tapes fiasco) saying Bossie ‘‘was trying to perience.’’ Despite this testimony. Repub- Democratic requests, Republicans have re- ‘slime’ the Democrats while Mr. Rowley licans repealed a long-standing right of sub- fused to hold a public hearing to get all the wanted to ‘follow where the evidence poenaed witnesses before congressional com- facts out. leads.’ ’’ mittees—a right installed in House rules in Campaign finance response to the excesses of the McCarthy Mena Airport The Government Reform and Oversight era—the right to turn off the TV cameras. Committee’s campaign finance hearings are In 1995, the Banking Committee began an When they took away one of the few rights another clear example of partisan target- inquiry into allegations of illegal activities left to witnesses, Republicans indicated how ing.73 Of the 1,063 information requests that in areas of rural Arkansas around Mena Air- reckless they may be with the reputations of Chairman Burton has made, 1,051 (or 99%) port. It had been rumored that this area of the individuals they call up before congres- have been to investigate alleged Democratic rural Arkansas had been a center for money sional committees. abuses. Seventeen subpoenas were issued to laundering, drug trafficking, and gun run- They proved it in the Commerce Commit- the Democratic National Committee, only ning to the Nicaraguan Contras, operations tee campaign against Peter Knight and Mol- one was issued to the Republican National associated with DEA informant Barry Seal ten Metal Technology (MMT). The Sub- Committee. Of the 1.5 million pages of docu- with the complicity of the CIA. The Banking committee on Oversight and investigations ments received to date by the Committee, Committee inquiry was described as ‘‘tan- decided to conduct a public hearing just so gential’’ to Whitewater, and was supposed to that Knights and MMT would be compelled focus on money laundering. The events oc- to deny the unproved charges under oath and 73 The list of allegations against Democrats is curred during Gov. Clinton’s term. They had before the press. The bullying behavior of well-rehearsed in the Government Reform Commit- been thoroughly examined by two grand ju- committees obviously wastes taxpayer dol- tee. For the list of serious Republican abuses see let- ters from Ranking Member Waxman to Chairman ries that decided against issuing any indict- lars, diverts committee resources away from Burton of March 17, 1997, April 29, 1997, May 8, 1997, ments. legitimate oversight, but it also unfairly May 15, 1997, June 10, 1997, August 29, 1997, and Janu- there is little pretense in any of this inves- harms the reputations of individuals and ary 13, 1998. tigation—either through the people inter- businesses. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5323 Knight found his picture in the paper be- pointee.’’ Investigators from the Agriculture Member: Was that because it had been side allegations of misconduct and illegal in- Subcommittee on Department Operations, shredded. . . .? fluence. ‘‘You wake up with a knot in your Nutrition, and Foreign Agriculture decided Witness: No. stomach, and you wonder what your kids’s to guess which individual at the Department Member: You are not aware of that? friends say to him. My wife obsesses about was the ‘‘political appointee.’’ They guessed Witness: No. it.’’ 84 Peter Knight now says. And Knights wrong. Member: And you did not do any? young son, Zachary, was sucked into the in- On September 5, 1996, the political ap- Witness: No. vestigation because the chairman of Molten pointee they guessed was subpoenaed to ap- Member: Or did you?’’92 Metal Technology, William Hanley II, had pear before the subcommittee and a list of CONCLUSION given a gift of stock to the boy. Readily the subpoenaed individuals, including his The Republican Congress has diverted sig- available documents proved the Molten name, was made public. After the sub- nificant amounts of time and money away Metal executive gave similar gifts to family committee investigator learned he had from the important issues before the United members of other associates of Molten guessed the wrong person, the subcommittee States Congress into an endless politically- Metal. ‘‘At week’s end the Republican staff met again on September 12 to reissue the motivated investigations. on the House Commerce Committee set a subpoenas and subsequently released a sec- It is certainly the case that some of the in- new low in scandal-mongering by activating ond list with the ‘‘correctly’’ identified indi- vestigations detailed in this report involve a youth crimes division, smearing Knight’s vidual’s name substituted. The subcommit- serious allegations of wrongdoing. But what 13-year old son.’’ 85 tee made no effort to explain or apologize for the Republicans leading the House commit- The harm to Molten Metal Technology was its mistake or to clear the reputation of the tees should be doing is initiating fair-mind- devastating. Molten Metal was demonstrat- erroneously subpoenaed individual. ed, serious inquiries, not politically-moti- ing its technology at Oak Ridge; the com- Depositions vated smear campaigns, manipulated by pany was setting up three wastes-disposal It is intimidating to be called to appear be- party leaders and designed to create mul- plants in Texas and Tennessee. The growing fore a congressional panel. Most people are tiple press opportunities rather than to get pains left the company cash poor. Other pri- deposed by Members or staff before a deci- out the facts. vate companies interested in the environ- sion is made to call them as witness. Even if Speaker Gingrich complained, shortly mental cleanup business, such as Westing- you are not called back to testify at a hear- after Chairman Burton released doctored house, Fluor Daniel and Lockheed Martin, ing, the deposition can be costly. Travel transcripts of the Hubbell tapes, about too were discussing joint ventures with MIT. costs, missed work, preparation time, and much attention being paid to the commit- ‘‘The Republicans began leaking their alle- legal representation are all costs that may tees, ‘‘to those who seek the truth’’ in gations about Knight and Molten Metal just be shouldered by the individual. These costs Speaker Gingrich’s words. His characteriza- as the company was trying to attract inves- run as high as $10,000 per day of deposition. tion begs the question: are the investigating tors. With the investigation in full swing, People can be asked anything at a deposi- committees seeking the truth? 86 the investors grew skittish.’’ tion; they can be bullied and badgered. Mar- Truth is not sought when the political Unable to attract investors while the sha Scott, deputy director of the White leaders who instigate these investigations smear campaign was swirling, the company House Office of Personnel, had been a cooper- make up their minds in advance of the evi- was cash starved. Molten Metal Technology ative witness. Scott gave over 18 hours of dence and when they make their intentions filed for bankruptcy in December. MMT was deposition testimony before the Senate in- obvious by telling the committee chairmen. forced to lay off 221 employees, including vestigation and then was deposed by the The objectivity of these investigations must half of its workforce in Waltham and Fall House Government Reform and Oversight be questioned when those in charge of find- River, Massachusetts, and 45 workers in Committee. She was deposed for three more ing the truth tell us to ‘‘forget the word Texas. The promising new technology and full days at the House committee and the ‘scandals’ and start using the word the new waste-disposal plants (like the $70 93 majority insisted a fourth day would be re- ‘crimes’,’’ in the words of Newt Gingrich. million site planned for Bay City, Texas) are quired just to go over her conversations with Or, in the words of House Government Re- on hold. The human costs are impossible to White House counsel’s office about a memo form and Oversight Committee Chairman quantify. she had written. She offered instead to pro- Dan Burton, speaking about President Clin- Carelessness vide the Committee with a sworn affidavit ton, ‘‘This guy’s a scumbag. That’s why I’m 94 Some committees in the House have be- about the conversation but her offer was re- after him.’’ These investigations are not about finding smirched reputations by accident. In some jected. She appeared for the fourth day but the truth. They are about suppressing voices. cases, careless and mistaken subpoenas were when the Committee chose to ask about ev- They are about harassing labor unions, envi- served at the place of employment causing erything except the conversation, on the ad- ronmental groups, even the Catholic Char- embarrassment and other consequences. In vice of counsel, Scott ended the deposition. ities. They are about draining the resources September 1997, a U.S. marshal served a sub- Hours later, Rep. DAVID MCINTOSH (R–IN), of Democratic national and state-wide cam- poena on a Brian Kim, a mail carrier from chair of a Government Reform and Oversight paign organizations. They are about intimi- Downey, California, at his place of work, the subcommittee, called a hearing for 8:00 p.m. dating Asian-Americans from participating U.S. Post Office. Unfortunately, Brian Kim that night and Chairman Burton subpoenaed in politics. They are about frightening the mail carrier was the wrong Brian Kim. Marsha Scott to appear. The rules of the Latino voters from registering or entering His supervisor was convinced that Kim had House require seven days notice, except in the polls. They are about carelessly inves- done something wrong. Kim contacted the extraordinary cases, before a public hearing tigating the wrong people and never apolo- Committee by telephone and was told to can be held. gizing, unconcerned about the damage to write a letter proving he was the wrong per- In a deposition, staff may pursue questions their reputations. They are about helping son. Kim wrote the letter but the committee far removed from the scope of the fund-rais- friends of the Republicans, subpoenaing le- never apologized to Kim and never cleared up ing investigation, often prying into people’s gally protected documents and leaking them the confusion with his supervisor. private lives. Yusaf Kharpa, a former White to friendly private litigants. Instead of gathering information from a House intern, was asked for the name of his And finally, they are about wasting tax- Los Angeles DNC contributor, Chi Ruan girlfriend. Karen Hancox, an employee in the payer dollars and abusing the vast investiga- Wang, the Government Reform and Over- White House Office of Political Affairs, was tive powers of congressional committees to sight Committee subpoenaed the bank asked ‘‘Did you ever receive a drug test?’’ At run the biggest negative smear campaign in records of a respected Georgetown Univer- times the questions are so far afield, they the history of the United States. sity history professor, Chi Wang.87 Eventu- seem absurd. Janice Enright, special assist- Joe McCarthy would have been proud of ally, the Committee withdrew the subpoena. ant to deputy chief of staff Harold Ickes, was this Republican Congress. However, the Committee never apologized to asked to describe the type of car she drives.89 Professor Wang and, in fact, compounded its Dick Morris was asked about others at the FOOTNOTES error by denying they made a mistake to the White House including these two questions: 1 Quoted in James Hamilton, ‘‘The Power to Probe: press, leaving the impression that Professor ‘‘You hail from New York as Mr. Ickes does. A study of Congressional Investigations’’ (New Wan may not be the wrong person. When Are you familiar with his—do you have any York: Random House, 1976) page xii. 2 asked directly if the subpoena was a mistake personal knowledge about any legal prob- Los Angeles Times, March 15, 1998. 3 ‘‘Gingrich Foresees Corruption Probe By a GOP 90 by the Los Angeles Times, a Republican lems in his background? House,’’ Washington Post, October 14, 1994. spokesman was quoted as saying: ‘‘We’re not ‘‘Did there come a time when Mr. 4 Washington Post, October 14, 1994. sure we made one . . . Whether he deserves a Stephanopoulus told you about the discovery 5 The power of Congress to investigate is never ex- subpoena or not, we haven’t decided. We’ve of life on Mars? 91 pressly stated in the Constitution. Nonetheless, con- put it on hold.’’ 88 Here is a Member deposing a former Inte- gressional committees are granted extraordinary A Department of Agriculture employee was rior Department official: powers to compel testimony, to force the production the unfortunate victim of carelessness. Jus- ‘‘Member: One of your sentences was, ‘‘I of documents and other evidence, and to punish con- tempt, and these powers have time and again been tice Department filings in prosecutions of don’t believe there is a shred of evidence sustained by the Courts, because the power to inves- four Agriculture employees for misdemeanor that Mr. Ickes ever called the Secretary.’’ Is tigate is ‘‘inherent in the power to make laws.’’ election law violations identified three and that correct? (Eastland v. United States Servicemen’s Fund, 421 referred to the fourth only as a ‘‘political ap- Witness: Yes. U.S. 491 (1975)). H5324 CONGRESSIONAL RECORD — HOUSE June 25, 1998 6 Republicans have also been in charge of the two 34 ‘‘Burton’s Glass House: Does He Have the Pro- May 15, 1997, June 10, 1997, August 29, 1997, and Janu- investigations that have brought the most discredit bity of a Prime-Time Prosecutor? Newt Seems to ary 13, 1998. to the House: the McCarthy hearings of 1953 and 1954 Have Doubts,’’ Time, May 26, 1997. 74 14 separate subpoenas were sent to the Kansas and an 1861 joint committee investigation into the 35 Salt Lake Tribune, November 11, 1997. State Democratic party and prominent Kansas on-going conduct of the Civil War. 36 Northwest Mining Association v. Bruce Babbitt Democrats and a number of Kansas party officials 7 Before McCarthy, historians point to a Repub- (C.A. No. 97–1013–JLG). were deposed. lican joint committee that attacked President Lin- 37 Rocky Mountain States Legal Foundation also 75 Indianapolis Star, April 16, 1998. coln’s conduct of the war as the worst of congres- represents Chairman Young and three other Repub- 76 ‘‘All the President’s Menaces,’’ Esquire, August sional investigations. See Guide to Congress, Con- lican members of the Resources Committee (Rep- 1997. gressional Quarterly, 4th edition, 1991. The chapter resentatives Chenowith, Pombo and Schaefer) in fed- 77 Washington Times, July 3, 1997. entitled ‘‘Major Investigations: History in Brief’’ in- eral court litigation seeking to block the Presi- 78 Wall Street Journal, November 5, 1997. cludes the following passage: ‘‘The Joint Committee dent’s American Heritage Rivers initiative. 79 Government Reform Committee subpoena to on the Conduct of the War compiled what was widely 38 June 9, 1997 Freedom of Information Act Request Bell Atlantic-Virginia, Inc. (LiPing Chen Hudson), considered—at least until the McCarthy era of the letter to the Director, Office of Administrative Serv- September 19, 1997. 1950’s—the worst record of any congressional inves- ices, U.S. Department of Interior. 80 Letter from Rep. Moran to Chairman Burton, tigating unit. It was a political vehicle for Radical 39 November 13, 1997 letter to the Director, Office of October 28, 1997. See also Wall Street Journal, No- Republicans opposed to President Lincoln, as its far- Administrative Services, U.S. Department of Inte- vember 5, 1997 ‘‘House Panel’s Campaign-Finance reaching inquiries were used for intensely partisan rior. Probe Promises to be More Militant than Senate’s purposes. It harassed conservative and Democratic 40 April 3, 1998 Letter from Melanie Beiler, Assist- Investigation.’’ generals., particularly Gen. George ant to the Secretary and Director of Congressional 81 Peter Knight quoted in Jonathan Broder’s piece McClellan . . . Committee sessions were supposed and Legislative Affairs, Department of the Interior ‘‘How a Republican Smear Campaign Against Al to be closed to the press but information often to Chairman Barbara Cubin, Chair. Gore Undid a Promising Boston-Area Company,’’ would be made public if it suited the purpose of the 41 Government Reform committee subpoena to the Boston Magazine, February 1998. Radicals. As a result, Confederate General Robert E. Executive Office of the President, January 28, 1998. 82 Los Angeles Times, April 15, 1997. 42 Lee was moved to observe that the committee was ‘‘Burton Subpoenas Hillary on Filegate,’’ The 83 House Committee on Rules print, ‘‘Hearing Be- worth about two divisions of Confederate troops.’’ Hill, February 13, 1998. fore the Committee on Rules, House of Representa- 8 Wall Street Journal, March 24, 1997. 43 Ibid. tives, 105th Congress, 1st session, on House Resolu- 9 Wall Street Journal, December 14, 1997. 44 Letter from Karen Maloy Sprecher, Department tion 298, a resolution amending the rules of the 10 Cost attributable to: Salaries of five professional of Interior, to Chairman Burton, January 1, 1998. House of Representatives to repeal the rule allowing staff working on the investigation, July–August, 45 Deposition of David Mercer, Day 2, August 26, subpoenaed witnesses to choose not to be photo- 1996. 1998, at 150. graphed at committee hearings’’ November 4, 1997. 11 46 Cost attributable to: Salaries of professional Roll Call, November 25, 1996. 84 Peter Knight quoted in Jonathan Broder’s piece committee staff and GAO investigators. 47 26 U.S.C. 7216 prohibits anyone ‘‘in the business ‘‘How a Republican Smear Campaign Against Al 12 Cost attributable to: Salaries of professional of preparing . . . [tax] returns’’ from actions to ‘‘dis- Gore Undid a Promising Boston-Area Company,’’ staff working on Whitewater investigation, 1995–96: close any information furnished to him for, or in Boston Magazine, February 1998. $1.6 million. Salaries and travel costs of professional connection with, the preparation of any such re- 85 ‘‘Anatomy of a Smear’’ Thomas Oliphant, Bos- staff working on Mena Airport investigation, 1997– turn.’’ An accountant who violates the statute is ton Globe, September 23, 1997. 98: $650,000. subject to criminal penalties (a fine and/or imprison- 86 ‘‘How a Republican Smear Campaign Against Al 13 Cost attributable to: Salaries of professional ment). Gore Undid a Promising Boston-Areas Company,’’ staff working part-time on the two investigations, 48 For example, letter to Chairman Burton from Boston Magazine, February 1998. 1997–present. Mark MacDougall, et al., February 13, 1998. 87 April 3, 1997, subpoenas to Chevy Chase F.S.B. 14 Includes $750,000 from leadership slush fund for 49 On January 30, 1998, Chairman Burton subpoe- and National Capital Bank of Washington. Teamsters investigation, $1.4 million from slush naed accountant Donald Lam for tax preparation 88 ‘‘Investigators Issue Subpoena to Wrong DNC fund for American Worker project, $300,000 from material relating to Ted Sioeng, his family, or their Donor,’’ Los Angeles Times, April 15, 1997. committee funds for diGenova and Toensing con- business. Mr. Sioeng objected to release of the ac- 89 The last three examples are cited in letter from tracts, and $80,000 for additional investigator con- countant’s materials. On February 13, 1998, Chair- Ranking Member Waxman to Chairman Burton, Sep- sultant contracts. man Burton was informed by letter that federal law tember 8, 1997. 15 Includes $1.8 million from leadership slush fund. prevented Mr. Lam from providing the materials. On 90 Deposition of Dick Morris by Government Re- This amount only covers for staff, equipment, and February 20, 1998, by letter, Chairman Burton issued form staff, August 21, 1997, at 152–3. travel. It does not include court reporters that have his threat of contempt of Congress for failure to pro- 91 Deposition of Dick Morris by Government Re- transcribed 600 hours of depositions, xeroxing, and vide the information. form staff, August 21, 1997, at 174. 50 printing. More importantly, it only includes those Committees other than the tax committees are 92 Los Angeles Times, March 15, 1998. costs relating to campaign finance related investiga- prohibited, by 26 U.S.C. 6103, from trying to obtain 93 Ibid. tions in 1997 and 1998. tax records except by special order of the House. 94 ‘‘Chairman Burton, quoted in The Indianapolis 16 Includes salaries, consultant fees, and reim- There was no special authorization from the House Star, April 16, 1998. bursement requests from both parties to the con- for these subpoenas. Mr. Speaker, the Legislative Branch tested election. The Federal Contested Election Act 51 Draft resolution. See appendix. authorizes the Committee to reimburse the parties 52 April 3, 1998 letter from Chris Donesa, sub- appropriations bill, which is otherwise for such costs. These reimbursement requests are committee Republican counsel, to Leslie Berger a good bill, contains another $8 million currently pending before the committee. This figure Kieman, counsel to the Teamsters. for replenishing the Republican inves- does not include the cost of travel, computers, or 53 February 13, 1997. tigation slush fund. The gentleman paper. 54 March 7, 1997. 17 Includes $1,300,000 from leadership slush fund, 55 The Detroit News, May 6, 1998. from Maryland (Mr. HOYER) came to and $145,000 in professional staff salary costs for 56 Eventually, an agreement was reached to narrow the Committee on Rules yesterday Waco investigation in summer of 1995. the scope of what is sought by the Committee. with an amendment which would pro- 18 Includes only salaries of investigative staff and 57 Government Reform Committee subpoena to the does not include other administrative costs. Executive Office of the President, March 4, 1997. hibit the expenditure of any of these 19 Cost attributable: Salary of professional staff 58 2 U.S.C. 192. funds in the new fiscal year that begins member working on investigations. 59 United States v. Orman, 207 F.2d 148 (3rd Cir. on October 1. His amendment would 20 Congressional Quarterly, March 21, 1998. 1953). not have deleted these funds. It would 21 Letter from ranking minority member Waxman 60 Gibson v. Florida Legislative Investigation Com- to Speaker Gingrich, July 7, 1997. mittee, 372 U.S. 539, 545 (1963). have merely prohibited their disburse- 22 Majority counsel responded that Mr. Intriago 61 December 8, 1997 letter to Secretary Herman, De- ment without a vote of the House. Mr. could not assert his Fifth Amendment privilege and partment of Labor, from Chairman Hoekstra, sub- Speaker, this is a sensible amendment threatened contempt if Mr. Intriago did not appear. committee on Oversight and Investigations. ‘‘Burton Team Threatens Contempt for Witness’’ 62 House Judiciary Committee transcript, May 18, and it is one that should be debated. The Hill, February 25, 1998. 1996. The Committee on Rules has other- 23 Wall Street Journal, March 27, 1998. 63 Indianapolis Star, April 16, 1998. wise reported a fair rule for the consid- 24 Washington Post, March 19, 1998. 64 Majority Leader Armey speaking on the export eration of this bill, but the Hoyer 25 Floyd Brown, chairman of Citizens United, host of commercial satellites by Loral to China, Wash- of a conservative radio call-in show in Seattle on ington Post, May 6, 1998, page A4. amendment is one that matters a great the firing of David Bossie, Chairman Burton’s top 65 ‘‘Burton Apologizes to GOP’’ Washington Post, deal to the Democratic Members of aide, Washington Post, May 7, 1998. May 7, 1998. this House. We have seen far too many 26 April 23, 1996 Memo ‘‘To: All House Full and Sub- 66 Congressional Quarterly, April 5, 1997. committee Chairmen, From: Bob Walker and Jim 67 Committee on Commerce, Internal Memorandum partisan witch-hunts in this body in Nussle, Subject: Request for Information—UR- to Chairman Barton, Re: Hearing on Molten Metal the past year and a half. We would GENT’’. Technology’s Contracts with the Department of En- hope in a new Congress that Democrats 27 Congressional Quarterly, March 21, 1998. ergy, October 20, 1997. and Republicans could decide in a less 28 Washington Post, March 19, 1998. 68 Ibid. 29 National Journal Congress Daily, April 30, 1998, 69 Ibid. highly charged atmosphere if it is in page 4. 70 Ibid. the best interests of the House to con- 30 Dear Colleague, March 28, 1996. 71 Ibid. tinue to use a slush fund for committee 31 Subcommittee on Crime report, ‘‘The Adminis- 72 Chairman Barton’s letter of February 11, 1998 re- tration’s Efforts Against the Influence of Organized sponding to Ranking Member Klink’s letter of Janu- investigations. The Democrats on the Crime in the Laborers’ International Union of North ary 12, 1998. Committee on Rules have asked our America’’ U.S. House of Representatives, 104th 73 The list of allegations against Democrats is Republican colleagues to consider the Cong., 2d session, page 4. well-rehearsed in the Government Reform Commit- requests for further funding by com- 32 CNN’s Inside Politics, June 4, 1997. tee. For the list of serious Republican abuses see let- 33 ‘‘Four Picked to Watch Over Burton’s Probe,’’ ters from Ranking Member Waxman to Chairman mittees in the regular legislative proc- Roll Call, June 6, 1997, page 1. Burton of March 17, 1997, April 29, 1997, May 8, 1997, ess, requiring a vote of the full House. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5325 We have been repeatedly denied this transit subsidy for the people who to general debate on the fiscal year opportunity. We are asking that the choose not to drive to work. 1999 legislative branch appropriations Republican leadership step back and I set about trying to find out why bill. I will withhold particulars of the allow the House to consider funding for this was and to fix it. I have introduced legislation until we get into the gen- investigations on a case-by-case basis legislation, House Resolution 37 that eral debate portion of our discussion that serves the best interests of this in- has now been cosponsored by a major- today, although I may be compelled to stitution and the American people. ity of the House, indeed 230 people al- respond to some of the criticism that Mr. Speaker, I reserve the balance of ready, that would make it optional for will be leveled in a very partisan man- my time. Members to at least provide this for ner, I think, on this bill. It really is Ms. PRYCE of Ohio. Mr. Speaker, I their employees who wish to do it. not criticism that belongs in this bill, yield myself such time as I may con- I have surveyed every one of the but nevertheless I will be prepared to sume. House agencies, there are 15 of them, to respond. Mr. Speaker, I appreciate the gentle- see if they support it, if they could af- Let me clearly state, however, that man’s concerns about the reserve fund. ford it, if they want it, and I have been we have produced a solid bipartisan However, this debate would have been told unanimously that they thought it piece of legislation. I note that the more appropriate at the time the fund was good for the institution, that it gentleman from Texas, a member of was created. was good for their employees, it was the Committee on Rules, also noted In my mind it makes good business good for the environment. that, and we had hoped that we could sense for the House to be prepared for I am pleased to note that this bill be- keep it that way, and I hope that when the unexpected by establishing a con- fore us today, the rule of which we are all the debate is over that is what this tingency fund. It is common practice debating, would finally, by an amend- will be, a bipartisan bill, because we among businesses, and there is no rea- ment from the Committee on Appro- really did make an effort to reach out son that the House should not adopt priations, would have put this in place, across the aisle and include the needs sound business practices. and I commend the committee and the and concerns of all Members. Mr. Speaker, I would point out that Members who brought it forward so This bill, I believe, meets the needs this fund is accountable. The House that we can short-circuit the legisla- of the House and the legislative branch Committee on Oversight controls these tive process and get on with business. for the upcoming year. It is a fiscally- dollars, and a vote of the committee is I appeared before the Committee on sound bill presenting only a 1.7 percent required to expend the money. It is all Rules, trying to protect this provision increase over last year. very public. What is unfortunate is because I heard a rumor that somebody Now, under law, we are required to that there are so many questionable may object. Evidently that may occur. provide all legislative branch employ- activities that call for congressional I think it would be unfortunate if the ees with a little over 3 percent increase investigation which require the use of welfare of our employees gets caught cost of living allowance. So by provid- this money. It is also unfortunate that up in some sort of jurisdictional battle. ing that increase, and everyone who is we have witnessed a lack of coopera- This has been authorized by Congress eligible will receive it, the bill is still tion in these investigations which has for the last half dozen years, and many only less than a 2 percent increase over made them much more time consuming of the employees on the Hill, as well as last year. and expensive. 100,000 Federal employees, already ben- We continue to downsize the legisla- The Legislative Branch bill is bipar- efit from it. tive branch. Indeed we will have 438 tisan. There is no reason to drag down I would hope that we would find a fewer employees next year than we will this bill with politically charged de- way in our wisdom to not hold our em- this year. Over the past 4 years or 5 bate. ployees hostage to the machinations of years, rather, we have reduced full- Mr. Speaker, I reserve the balance of the House, and, as a new Member, I time equivalent employees by over 15 my time. plead guilty of maybe not understand- percent. Mr. FROST. Mr. Speaker, I yield 3 ing them in their entirety, but when People have said that if we are going minutes to the gentleman from Oregon we have the second most congested to downsize government that the legis- (Mr. BLUMENAUER). area in the United States in metropoli- lative branch should lead by example. I Mr. BLUMENAUER. I thank the gen- tan Washington, D.C., when we are cry- believe that we have. But we have done tleman for yielding me this time. ing about traffic congestion and park- it in a sensitive way. We have provided Mr. Speaker, in my previous life as ing on the Hill, when we are talking the Architect and the Government the public works commissioner for the about throwing billions of dollars to Printing Office the opportunity to give city of Portland, Oregon, it was my try and repair Washington, D.C., I their employees the option to leave and pleasure to work with our community would hope that the Members of this to provide them with a buyout so that to implement programs to promote House could somehow find it in their the employees would be helped in the transit as has been encouraged for conscience or their creativity to make process and the management could years by Federal policy. sure that we implement this little manage this transition. I think we piece of Federal policy so that the have really attempted to do the right b 1230 Members of Congress will not be the thing. These programs enjoyed widespread only ones who deny it to their employ- The rule provides for one motion to support from the business community, ees. recommit, but I am hopeful that that from private citizens, from govern- Ms. PRYCE of Ohio. Mr. Speaker, I will not be necessary. The subcommit- ment, and they have made a difference yield 4 minutes to the gentleman from tee worked very hard to develop a bal- in promoting the quality of life in our New York (Mr. WALSH) the chairman of anced bill, and to the best of our abil- city. the subcommittee. ity this bill takes into consideration When I was elected to Congress a Mr. WALSH. Mr. Speaker, I thank the concerns of Members on a variety couple years ago, I was surprised; no, the gentlewoman, my colleague from of problems. Let us move forward now let me say I was shocked, to find out Ohio (Ms. PRYCE), for yielding time and in this process and support the rule. that what the Federal Government had for the hard work and, I believe, fair Mr. FROST. Mr. Speaker, I yield 2 been encouraging local communities to rule that was provided to us by the minutes to the gentleman from West do, what the Federal Government had Committee on Rules. Virginia (Mr. WISE). been encouraging other people in the I rise in strong support of this rule Mr. WISE. Mr. Speaker, when I came Washington metropolitan area to do, and I ask my colleagues to support it. on the floor and heard some previous what the United States Senate had I want to first thank the chairman of statements about lack of cooperation done for the last 6 years, I was unable the Committee on Rules, the gen- from the Democrats in investigations, I to do as a Member of Congress. I could tleman from New York (Mr. SOLOMON) have to respond. give free parking to everybody who and ranking member, the gentleman I am a member of the Committee on worked for me, worth over $1,500 a from Massachusetts (Mr. MOAKLEY) for Government Reform and Oversight, year, but I could not give a partial providing this structured rule leading and I have to say that this is a perfect H5326 CONGRESSIONAL RECORD — HOUSE June 25, 1998 example of where taxpayer money has body to maintain its responsibilities to would have to vote on that. Now, been wasted, and it has been wasted, its employees. I am sure the chairman frankly, colleagues who are now in the Mr. Speaker, because the majority and each of us that serves on this sub- majority took over and said that they party, the Republican Party, would committee, as well as our ranking wanted to have business done in an refuse to conduct investigations in a member, could have made additions to open fashion, and we were going to live bipartisan manner. this bill, had resources been available by the rules everybody else had to live Let me give my colleagues some ex- which we think would have enhanced by, and that we would take responsibil- amples: this bill and given to the legislative ity for those expenditures that we If my colleagues recall, this was to be branch a better ability to do its job; made, and frankly we were going to cut an election reform and to be looking at however, those constraints exist. spending in the House of Representa- many of the areas of concern, particu- Mr. Speaker, I rise, however, express- tives. larly coming out of the 1996 elections. ing disappointment in this rule. Basi- Lo and behold, they created a fund Well, Democrats raised a lot of soft cally the rule is one that tries to facili- that now even the Committee on House money then, and a lot, most, of the al- tate the consideration of this bill. I Oversight does not have hearings on. legations deal with soft money. What is had, however, offered an amendment b 1245 never pointed out is Republicans raised which I did not offer in subcommittee, Because our chairman, the gen- more soft money, and so we said let us but which I wanted to offer on the tleman from California (Mr. THOMAS) make it fair because there are allega- floor. That amendment would have pro- says in fact this is a Speaker’s deci- tions about Republicans just as there vided for the increased expenditures al- sion. We just perform a ministerial are allegations about Democrats. Five located to various committees, for rea- function, which is to say we are a pass- hundred subpoenas were issued almost sons presumably not anticipated at the through. So I tell my friends on both unilaterally by the chairman of the time, that this House passes a funding sides of the aisle, currently that $8 mil- committee, which I might add is an un- resolution out of the Committee on lion is decided by one person. precedented exercise of that authority, House Oversight, on which I also serve. Now, if that is the way you think never done before, 500 subpoenas of Mr. Speaker, this so-called emer- this House ought to be run, if that is which almost all, and I believe there gency funding, very frankly, was in- the way you think the taxpayers’ may have been 12 that went to Repub- cluded for the purposes of getting the money ought to be spent, so be it. But lican targets, but almost all went to House oversight’s funding resolution if you believe that the taxpayers’ Democratic targets. below certain targets so that certain money, that we all talk so much about, We then asked, ‘‘Well, why don’t we people on the floor of the House would ought to be appropriated and expended at least have bipartisanship in voting vote for it on the contention that it pursuant to a vote of the representa- for subpoenas, which has always been was not more funding than occurred tives of those people who pay those the practice?’’ No, could not do that, pursuant to their plan; which is simply taxes, then I would suggest to you that had to be done by the chairman. to say it was a device to shift some $8 you would defeat this rule and allow Talk about delay. There were com- million out of the bill and to a fund the amendment to go forward, which plaints because Democrats would not that has been referred to as a slush does not preclude the expenditure at vote immunity for 4 witnesses, which fund, but suffice it to say a fund out of all, but simply says that it must be Democrats finally did vote just yester- which nonanticipated expenditures for voted on by all the Members of the day or 2 days ago because we finally committees can be funded. House. got some agreements from Republicans Let me first of all say that is a not Is that such an unreasonable pro- about making it fair. an unreasonable effort; that is to say, posal? Is that such a divergence from Talk about taxpayer waste. We voted to provide funding for unanticipated regular order that the Committee on to support the Republican majority on needs. In fact, we have a very legiti- Rules would decide not to allow that, I immunity for previous witnesses and mate example of this Congress acting think reasonable and common sense found out that when they were immu- in the fashion that I think is appro- rule, to be considered by the House? nized they then, the Republican major- priate and that would be provided for I regret that I must oppose this rule. ity, made such a hash of it that one of by my amendment, had it been al- Ms. PRYCE of Ohio. Mr. Speaker, I the witnesses now will not be able to be lowed, and that was before the Com- yield myself such time as I may con- prosecuted for possible crimes that mittee on Rules. A hearing was held on sume. Mr. Speaker, in response to the gen- came out under that. the funding of the special committee to tleman, there is nothing secret about Talk about taxpayers losing money oversee China, the so-called Cox-Dicks these allocations. There is nothing out and taxpayer waste. That is why a lot committee. The Committee on Rules of order. Reading from the guidelines of us are concerned about this Congress had an extended hearing, adopted a for allocation from the reserve fund, I that wants to be a Congress of inves- rule, and made a proposal, and we will read part three in total of these tigation and not legislation, while adopted a resolution on the floor by procedures: meanwhile, I might add, health care vote of the Congress, by the House of Committee on House Oversight con- bill of rights, nobody is passing that, Representatives. There is, Mr. Speaker, sideration, number 1, open debate will nothing done on a tobacco bill, cam- in my opinion no reason why that occur on the request; number 2, budget paign reform, nothing being done. should not be done for every commit- submissions will become public; num- That is why some of us question tee. ber 3, committee vote will determine, whether this is a good use of funds. Now the gentleman from West Vir- A, allocation of the funds; B, amount of Ms. PRYCE of Ohio. Mr. Speaker, I ginia (Mr. WISE) got up and was speak- the allocation; and, C, scope of the reserve the balance of my time. ing about the Committee on Govern- projects. Mr. FROST. Mr. Speaker, I yield 5 ment Reform and Oversight’s hearings. There a vote, it is public, everything minutes to the gentleman from Mary- Frankly, they have come to us for a is above board and open. land (Mr. HOYER). number of unanticipated expenditures. Mr. Speaker, I reserve the balance of Mr. HOYER. Mr. Speaker, I thank In fact, one of the subcommittees, I my time. the gentleman from Texas (Mr. FROST) think the expenditure was not unan- Mr. FROST. Mr. Speaker, I yield one for yielding this time to me. ticipated at all; this is the Teamsters’ minute to the gentleman from Mary- Mr. Speaker, the chairman of the investigation and labor investigation land (Mr. HOYER). committee rose and said this is a bipar- generally. It was, however, a way of Mr. HOYER. Mr. Speaker, if the gen- tisan bill, and he is correct in that as- getting some extra funding without tlewoman will engage in a colloquy to sertion, it is a bipartisan bill. Within having it adopted on the floor of the answer a question, the gentlewoman the constraints of the funds available, House. I think that was unfortunate. heard my representation. The chair- the chairman and ranking member My amendment, if allowed by this man of the Committee on House Over- have tried to work a bill that respon- rule, would have simply provided not sight, which you say is public, has indi- sibly allows the legislative branch of that there could not be funding but cated ours is simply a ministerial func- government to proceed and allows this that the House of Representatives tion; that the vote essentially is taken, June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5327 that is true, and, because this commit- garbage, the recycling rate here in the our percentage in the waste stream, it tee is a 2 to 1 committee, the majority House borders on zero percent. is in the neighborhood of about 25 to 26 party always prevails. The recycling program in the U.S. percent. Is the gentlewoman aware of the fact House of Representatives, instead of Mr. DOGGETT. Mr. Speaker, re- that apparently the chairman believes being a national leader, is indeed a na- claiming my time, I am glad the gen- this is a decision of the Speaker, and tional disgrace. It is a sharp contrast tleman pointed that out, because the has articulated that on the record, and with the efforts of retirees and stu- kind of indifference and disinterest in that the vote is simply a pro forma? dents. I think of the many elementary this subject I am talking about has not Ms. PRYCE of Ohio. Mr. Speaker, students that get honored each year by always been true in the House. When will the gentleman yield? Keep Austin Beautiful, a program like the Democrats controlled the House, Mr. HOYER. I yield to the gentle- many around the country. I can tell bottle collection since that time and woman from Ohio. you there is not an elementary school recycling has dropped 83 percent. Can Ms. PRYCE of Ohio. No, I am not classroom in Austin that is participat- collections have only dropped 73 per- aware of that. I am not aware that is ing in the Keep Austin Beautiful pro- cent. Statistics on paper recycling necessarily the case, because the rules gram, that could not do a better job have not been completely available, be- of the committee state otherwise. The than this House Republican leadership cause when the House attempted to re- rules of the committee state this is a with our recycling program. cycle four million pounds of paper, al- public process, that there is a vote on Let me tell you a little bit about the most 90 percent of it was cluttered it. failings and disgraceful nature of this with garbage and the recyclers refused Mr. HOYER. Mr. Speaker, reclaiming program. It is very, very difficult to de- to take it. my time, the gentlewoman is abso- termine whether the source of these I am aware of the gentleman’s sup- lutely correct. That is what the rules problems is shear incompetence or port of the amendment of the gen- say. But the chairman said it is pro total indifference. I tend to view it as tleman from California (Mr. FARR); forma, which is why we do not have the probably more a problem of total indif- that there are some people, including chairman come before the committee ference and insensitivity to our envi- the gentleman who is asking the ques- and explain these expenditures, unlike ronment, that has characterized so tions, who are of good faith and con- every other expenditure they want to many of the other attacks on clean air cerned about this. But to spend 3.5 make. They do not come before the and clean water on the floor of this years and have 3 of that without any committee. House. recycling coordinator, to come into my Mr. FROST. Mr. Speaker, I yield But what has happened during the office in the past week and be told the eight minutes to the gentleman from course of this House Republican leader- recycling program is suspended, is Texas (Mr. DOGGETT). ship, which is now entering, I guess it truly outrageous. To have this report Mr. DOGGETT. Mr. Speaker, one of is on about the second half of its fourth which the recycling coordinator pre- the real success stories of the environ- year, is that for three years of this pared, by an honest Pat Dollar, who ment in America has been the in- three-and-a-half year administration was hired here very briefly, prepared, creased understanding of people across there has been no recycling coordina- hidden, secreted, covered up and not re- this country of the importance of recy- tor in the House. They managed to hire leased by the Superintendent’s Office cling. From young students, to retir- a woman to serve as recycling coordi- despite months of requests there, and ees, to small businesses, to very large nator for almost six months, but she to the gentleman from California (Mr. multi-national companies—all partici- was a little too honest for the job, so THOMAS), to not release this informa- pate in recycling across this country. she is no longer involved in the pro- tion is a disgrace. When I go home to my hometown of gram. That secret report, never formally re- Austin, Texas, there will be the blue In December of 1996, concerned about leased, points up that there is so much recycling containers in front of each the lack of a recycling coordinator, I confusion around here in the corridors house with bottles and paper and other met face-to-face in my office with Su- of these House buildings because many goods. When I go by the Texas State perintendent Miley. He assured me it people do not think there is a recycling Capitol complex, I find a program in was a high priority to hire a recycling program, because they see so much which some 30,000 State employees are coordinator and make this program garbage cluttering the floor out there. participating in recycling. work. Well, it only took another 10 And when someone has to go through Another example of the success we months before they hired the woman the recycling, it is pretty clear that ef- have had is something that was origi- who stayed here for less time than they fective recycling is not being done. nally started in Austin called Texas posted her job. The Farr amendment, which I under- Recycles. Last year that program Of course, the Superintendent, like stand the gentleman supports, is a step proved so successful that it became the other people here in the House, can in the right direction, but it is a very America Recycles, and it was cele- only establish the priorities and follow modest step. Just devoting some brated right here in our Nation’s Cap- the emphasis of the House Republican money to this is not going to solve the ital and across the country. We hon- leadership, and that emphasis on recy- problem. There has to be interest. ored a number of businesses that recog- cling is right down there in last place, There has to be leadership. There has nize it is a good business practice to re- zero percent. to be a total and complete change to cycle, not only for the environment, Mr. WALSH. Mr. Speaker, will the adopt the attitude of the school- but because it can be a profit center in gentleman yield? children in Austin, Texas, instead of eliminating waste. Mr. DOGGETT. I yield to the gen- the attitude of the House Republican I noticed in the Washington Post tleman from New York. leadership, which has been unwilling to from last November two retirees from Mr. WALSH. Mr. Speaker, is the gen- have this Congress lead the way on re- Silver Spring who were honored in a tleman aware that the Subcommittee cycling. ‘‘Rewarding Week for Good Recyclers’’ on Legislative of the Committee on Ap- Let me just say that I believe there as a part of this America Recycles pro- propriations has made this a priority, are businesses and schoolchildren and gram. The same story reported that and that, in fact I believe the gen- citizens all over this country that real- now the national recycling rate is 27 tleman mentioned the figure of about ize that recycling papers, cans, bottles, percent of eligible trash. 20 percent as being recycled in his anything that will tear, is a win-win What a contrast, unfortunately, and home community, and that is admira- proposition. It is true of numerous Fed- the real focus of my remarks today, is ble; in my home community it was eral agencies right down the Mall that this House of Representatives with the closer to 40. recycle, and actually earn thousands of rest of the country. Instead of being a Mr. DOGGETT. That was the na- dollars a year from their recycling pro- national leader on this important envi- tional average, 27 percent. It is much gram. ronmental issue that every American higher in Austin. It is not true of this House. Despite can understand, simply recycling in- Mr. WALSH. We are recycling about the fact that out here every day we stead of filling up more landfill and 10,000 tons of material each year, and have more recycled rhetoric about the H5328 CONGRESSIONAL RECORD — HOUSE June 25, 1998 environment and more recycled old bad tleman spoke about was accepted. We What that really means to our con- legislative proposals, when it comes to accepted the amendment offered by the stituents is the services that we pro- the simple matter of doing something gentleman from California (Mr. FARR). vide in our offices, and in particular, in about all the trees that get chopped We thought it was a positive develop- our district offices. So this is impor- down for the tons of paper that come ment. tant, that we have caseworkers that through these halls, just simply seeing The fact is that it is the Members, deal with Social Security and veterans’ they do not end up in a landfill, that Republican and Democrat, that have to benefits, Medicare issues, that we help they get recycled, that very simple show the leadership in their own office with immigration issues. In my office thing that so many American families to use their wastebaskets in a proper we are very busy. Now that the sum- are able to do, this family, this House, way. The Members need to provide the mer has come, there are passport has not done, is not doing, is not going leadership in their offices, whether issues. to do until there is a total change of they are Democrats or Republicans or Frankly, we rise to discuss this be- attitude and some emphasis on and di- Independents; we have an Independent cause it has value. Among those val- rection from the House Republican in the House. We all need to make sure ues, of course, is to ensure that we do leadership to get the job done. that we put the trash in the right the right thing, which includes, as my f place. colleague has just spoken about, recy- The cloakrooms are going to follow cling and showing the right example. ANNOUNCEMENT BY THE SPEAKER suit. We need to organize a little bit I am disappointed in this rule for sev- PRO TEMPORE better. The Architect’s office is com- eral reasons. One, my good friend, the mitted to this. We have called them in The SPEAKER pro tempore (Mr. gentleman from Oregon (Mr. on the carpet and said we want to get LAHOOD). The Chair will remind all BLUMENAUER) was concerned about not persons in the gallery that they are a concerted effort and focus from the Architect’s office on it. So clearly, Mr. only the environment, but respecting here as guests of the House, and that the options that our employees might any manifestation of approval or dis- Speaker, there is a real commitment here. This is not a partisan issue. We have in traveling to work; that is, in approval of proceedings is a violation compliance with keeping the environ- of the House rules. need to recycle our waste. It makes sense. It makes money. It saves us ment safe and clean, giving them the Ms. PRYCE of Ohio. Mr. Speaker, I opportunity to leave their cars at home yield myself such time as I may con- money. I think we should put this to rest right now. and to take bus passes, as opposed to sume. driving. Mr. Speaker, just so we can all be Mr. FROST. Mr. Speaker, I yield 1 minute to the gentleman from Texas Companies throughout this country clear about this rule and about the encourage carpooling and using the statements made by the gentleman (Mr. DOGGETT). Mr. DOGGETT. With regard to the buses, but yet, an amendment that from Texas regarding the lack of lead- comments from the gentlewoman from might have done that that was agreed ership, the gentleman from Texas (Mr. Ohio, Mr. Speaker, the Committee on to by the Committee on Appropriations DOGGETT) did not even come to the Rules was so enthusiastic about ad- now may suffer a point of order be- Committee on Rules yesterday to tes- dressing this problem that they have cause it was not seen fit in the Com- tify and ask that his amendment be allowed us an entire 5 minutes to dis- mittee on Rules to give it a waiver, so made in order. His amendment does go cuss the amendment offered by the we could in fact provide this option to to the issue of recycling. But this rule gentleman from California (Mr. FARR). our very dutiful employees who come does make in order an amendment to It is the same kind of priority we have every day, and who themselves may be offered by the gentleman from Cali- had in 3 of the last 31⁄2 years with no re- want to use the kind of transportation fornia (Mr. FARR) which will allow us cycling coordinator. services that would give them the op- to vote to put more money into the re- With regard to the comments of the tion. cycling program. This issue will re- gentleman from New York, that the I would additionally say, since I ceive fair debate under this rule. problem was the Members, I am sur- think the greatest focus of the legisla- Mr. Speaker, I yield two minutes to prised that any Member recycles. The tive branch appropriations should in the gentleman from New York (Mr. rules that are given out are confusing. fact be the constituency services that WALSH). They were sometimes in direct error help you in America get the job done, Mr. WALSH. Mr. Speaker, I really with regard to recycling practices. Fur- I am disappointed, and this document, am amazed that this recycling could thermore, the level of commitment is I think, that I have before me is about become a partisan issue. It is bizarre. such that a few months ago the custo- 51 pages that show the politically moti- There is a clear commitment, there dial workers had had to bring their vated investigations that we have in was on the part of the Democrats when own plastic liners in order to do recy- this Congress. At this point in time they controlled the House of Rep- cling. they are still going on. resentatives, and there is on the part of Member compliance, as was noted in We have the Burton committee, that the Republicans, to recycle our waste. this secretive report, is a problem be- has spent already $6 million. None of This should not be a partisan issue. cause many Members are not even con- that is translated into any constitu- This is something that all Americans vinced there is a recycling program. It ency services. It is still going on, and agree with and support. is true that all, but I think, 11 Repub- buried down in this appropriations bill I know just from personal experience lican Members of this House, who have is more money for a committee that when I became Chair of this commit- said they were willing to participate in tee, one of the things that we set about voluntary recycling, but they are not leaked information out into the public to do was to make sure that everyone given the guidelines, nor are their on one of the witnesses that should not understood what the rules were. So we staffs, to ensure that this program have ever been leaked. sent a memo around to all the Mem- works. We have a Teamsters investigation of bers’ offices. We also made sure that all Mr. FROST. Mr. Speaker, I yield 4 working men and women going on, now trash cans were labeled, ‘‘mixed minutes to the gentlewoman from $2,530,000. That is buried deeply in this paper,’’ ‘‘wet waste,’’ ‘‘fine paper.’’ Texas (Ms. JACKSON-LEE). legislation. More money will be ex- What it comes down to is the Members. Ms. JACKSON-LEE of Texas. Mr. pended on that. Who knows what we The Members have to provide the lead- Speaker, I thank the gentleman for will get out of it. ership in their own offices to recycle yielding time to me. My concern, Mr. Speaker, is that I this waste. Mr. Speaker, it must be an interest- wish we could have been similar to the ing debate for many who are listening Internal Revenue Service Restructur- b 1300 to determine what we might be debat- ing and Reform Act rule, which I sup- I do not understand why this is par- ing on, but I think it is important be- port, which gives comfort to Americans tisan. This is something we should all cause this is a very valuable appropria- by providing an oversight so that tax- be unified in. Besides, there is the fact tions process; that is, for the legisla- payers are are protected. That is the that the amendment that the gen- tive branch appropriations. kind of business we should be doing on June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5329 the floor of the House. That is to en- opposition a chance to decide the subject be- their hard work by adopting this rule sure that we do the kind of work that fore the House. Cannon cites the Speaker’s and moving on to debate the bill. translates to our constituents. ruling of January 13, 1920, to the effect that Mr. Speaker, I yield back the balance I think there are 51 pages of politi- ‘‘the refusal of the House to sustain the de- of my time, and I move the previous mand for the previous question passes the cally motivated investigatory activi- control of the resolution to the opposition’’ question on the resolution. ties. They have already spent $8 mil- in order to offer an amendment. On March The SPEAKER pro tempore (Mr. lion, and now in the appropriations bill 15, 1909, a member of the majority party of- LAHOOD). The question is on ordering we do not know how much more, and fered a rule resolution. The House defeated the previous question. neither of the committees have the previous question and a member of the The question was taken; and the brought about any results. opposition rose to a parliamentary inquiry, Speaker pro tempore announced that I would think we would do well to asking who was entitled to recognition. the ayes appeared to have it. pass this amendment dealing with the Speaker Joseph G. Cannon (R-Illinois) said: Mr. FROST. Mr. Speaker, I object to recycling, to pass the amendment deal- ‘‘The previous question having been refused, the gentleman from New York, Mr. Fitzger- the vote on the ground that a quorum ing with the issue of the bus passes, ald, who had asked the gentleman to yield to is not present and make the point of and spend more of our dollars enhanc- him for an amendment, is entitled to the order that a quorum is not present. ing the constituency services of our of- first recognition.’’ The SPEAKER pro tempore. Pursu- fices. Because the vote today may look bad for ant to clause 5 of rule I, further pro- Mr. FROST. Mr. Speaker, I yield my- the Republican majority they will say ‘‘the ceedings on this resolution will be self such time as I may consume. vote on the previous question is simply a postponed until later today. vote on whether to proceed to an immediate Mr. Speaker, I urge a no vote on the The point of no quorum is considered previous question. If the previous ques- vote on adopting the resolution . . . [and] has no substantive legislative or policy im- withdrawn. tion is defeated, I will offer an amend- plications whatsoever.’’ But that is not what f ment to the rule which would prohibit they have always said. Listen to the Repub- use of funds from the reserve fund after lican Leadership Manual on the Legislative ANNOUNCEMENT BY THE SPEAKER October 1, 1998. The amendment would Process in the United States House of Rep- PRO TEMPORE resentatives, (6th edition, page 135). Here’s allow, however, the payment of obliga- The SPEAKER pro tempore. Pursu- tions legitimately incurred before the how the Republicans describe the previous question vote in their own manual: ‘‘Al- ant to clause 5 of rule I and the Chair’s October 1 deadline. prior announcement, the Chair will The effect of the amendment would though it is generally not possible to amend now put the question on the resolu- be a return to paying for unexpected the rule because the majority Member con- trolling the time will not yield for the pur- tions on which further proceedings costs through an expense resolution ap- pose of offering an amendment, the same re- were postponed earlier today. proved by a vote of the House, as we sult may be achieved by voting down the pre- Votes will be taken in the following have in past Congresses. vious question on the rule . . . When the mo- order: House Resolution 491, House Mr. Speaker, I include for the tion for the previous question is defeated, Resolution 485, ordering the previous RECORD the text of the amendment. control of the time passes to the Member The text of the amendment is as fol- who led the opposition to ordering the pre- question on House Resolution 489, and lows: vious question. That Member, because he adoption of House Resolution 489. then controls the time, may offer an amend- The Chair will reduce to 5 minutes At the end of the resolution, add the fol- ment to the rule, or yield for the purpose of lowing new sections: the time for any electronic vote after amendment.’’ ‘‘SEC. 2. Notwithstanding any other provi- the first such vote in this series. Deschler’s Procedure in the U.S. House of sion of this resolution, it shall be in order to Representatives, the subchapter titled f consider the amendment specified in Section ‘‘Amending Special Rules’’ states: ‘‘a refusal 3 of this resolution. The amendment may be to order the previous question on such a rule PROVIDING FOR CONSIDERATION offered only by Representative Hoyer of [a special rule reported from the Committee OF A CONCURRENT RESOLUTION Maryland or his designee, shall not be sub- on Rules] opens the resolution to amend- PROVIDING FOR ADJOURNMENT ject to amendment, and shall be debatable ment and further debate.’’ (Chapter 21, sec- OF THE HOUSE AND SENATE for 30 minutes. tion 21.2) Section 21.3 continues: ‘‘Upon re- SEC. 3. The amendment described in Sec- FOR INDEPENDENCE DAY DIS- tion 2 is as follows: jection of the motion for the previous ques- TRICT WORK PERIOD At the end of the bill, insert after the last tion on a resolution reported from the Com- mittee on Rules, control shifts to the Mem- The SPEAKER pro tempore. The section (preceding the short title) the follow- pending business is the question de ing new section: ber leading the opposition to the previous novo of agreeing to the resolution, SEC. 311. None of the funds made available question, who may offer a proper amendment in this Act may be used for payments from or motion and who controls the time for de- House Resolution 491, on which further the reserve fund for unanticipated expenses bate thereon.’’ proceedings were postponed. of committees pursuant to clause 5(a) of rule The vote on the previous question on a rule The Clerk read the title of the resolu- XI of the Rules of the House of Representa- does have substantive policy implications. It tion. is one of the only available tools for those tives, or to pay the salary of any officer or The SPEAKER pro tempore. The employee of the House of Representatives who oppose the Republican majority’s agen- da to offer an alternative plan. question is on the resolution. who certifies, approves, or processes any dis- The question was taken; and the bursement of funds from any such fund pur- Mr. Speaker, as I have said, I urge suant to an allocation approved by the Com- that the previous question be defeated, Speaker pro tempore announced that mittee on House Oversight on or after Octo- and that we have the opportunity to the ayes appeared to have it. ber 1, 1998.’’ offer the Hoyer amendment as part of Mr. FROST. Mr. Speaker, I object to this rule. the vote on the ground that a quorum THE VOTE ON THE PREVIOUS QUESTION: WHAT IT Mr. Speaker, I yield back the balance is not present and make the point of REALLY MEANS of my time. order that a quorum is not present. This vote, the vote on whether to order the Ms. PRYCE of Ohio. Mr. Speaker, I The SPEAKER pro tempore. Evi- previous question on a special rule, is not yield myself such time as I may con- dently a quorum is not present. merely a procedural vote. A vote against or- The Sergeant at Arms will notify ab- dering the previous question is a vote sume. against the Republican majority agenda and Mr. Speaker, I would just remind my sent Members. a vote to allow the opposition, at least for colleagues that while this rule is struc- The vote was taken by electronic de- the moment, to offer an alternative plan. It tured, the amendments it makes in vice, and there were—yeas 225, nays is a vote about what the House should be de- order are Democratic amendments. 188, not voting 20, as follows: bating. I would also like to remind my col- [Roll No. 267] Mr. Clarence Cannon’s Precedents of the leagues that funding for the legislative YEAS—225 House of Representatives, (VI, 308–311) de- branch has been pared down signifi- scribes the vote on the previous question on Aderholt Ballenger Bass the rule as ‘‘a motion to direct or control the cantly over 4 years, resulting in a 15 Archer Barr Bateman percent downsizing. The underlying Armey Barrett (NE) Bereuter consideration of the subject before the House Bachus Bartlett Bilbray being made by the Member in charge.’’ To legislation is bipartisan, and we should Baker Barton Bilirakis defeat the previous question is to give the congratulate this subcommittee for H5330 CONGRESSIONAL RECORD — HOUSE June 25, 1998 Bliley Hansen Petri Johnson, E. B. Menendez Sawyer resolution, it stand recessed or adjourned Blunt Hastert Pickering Kanjorski Miller (CA) Schumer until noon on Monday, July 6, 1998, or such Boehlert Hastings (WA) Pitts Kaptur Minge Scott time on that day as may be specified by the Pombo Kennedy (MA) Mink Serrano Boehner Hayworth Majority Leader or his designee in the mo- Bonilla Hefley Porter Kennedy (RI) Mollohan Sherman Bono Herger Portman Kennelly Moran (VA) Sisisky tion to recess or adjourn, or until noon on Bryant Hill Pryce (OH) Kildee Murtha Skaggs the second day after members are notified to Bunning Hilleary Quinn Kilpatrick Nadler Skelton reassemble pursuant to section 2 of this con- Burr Hobson Radanovich Kind (WI) Neal Slaughter current resolution, whichever occurs first. Burton Hoekstra Ramstad Kleczka Oberstar Smith, Adam SEC. 2. The Speaker of the House and the Buyer Horn Redmond Klink Obey Snyder Majority Leader of the Senate, acting jointly Regula Kucinich Olver Spratt Callahan Hostettler after consultation with the Minority Leader Calvert Houghton Riggs LaFalce Ortiz Stabenow Camp Hunter Riley Lantos Owens Stark of the House and the Minority Leader of the Campbell Hyde Rogan Lee Pallone Stenholm Senate, shall notify the Members of the Canady Inglis Rogers Levin Pascrell Stokes House and the Senate, respectively, to reas- Cannon Istook Rohrabacher Lofgren Pastor Strickland semble whenever, in their opinion, the public Castle Jackson (IL) Ros-Lehtinen Lowey Payne Stupak interest shall warrant it. Chabot Jenkins Roukema Luther Pelosi Tanner Chambliss Johnson (CT) Royce Maloney (CT) Peterson (MN) Tauscher The concurrent resolution was agreed Christensen Johnson, Sam Ryun Maloney (NY) Pickett Taylor (MS) to. Coble Jones Salmon Manton Pomeroy Thompson A motion to reconsider was laid on Coburn Kasich Sanford Martinez Poshard Thurman Collins Kelly Saxton Mascara Price (NC) Tierney the table. Combest Kim Scarborough Matsui Rahall Torres f Cook King (NY) Schaefer, Dan McCarthy (MO) Rangel Towns Cox Kingston Schaffer, Bob McCarthy (NY) Rivers Velazquez ANNOUNCEMENT BY THE SPEAKER Crane Klug Sensenbrenner McDermott Rodriguez Vento Cubin Knollenberg Sessions McGovern Roemer Visclosky PRO TEMPORE Cunningham Kolbe Shadegg McHale Rothman Watt (NC) The SPEAKER pro tempore. Pursu- Davis (VA) LaHood Shaw McIntyre Roybal-Allard Waxman Deal Largent Shays McKinney Rush Wexler ant to the provisions of clause 5 of rule DeLay Latham Shimkus McNulty Sabo Weygand I, the Chair announces that he will re- Diaz-Balart LaTourette Shuster Meehan Sanchez Wise duce to a minimum of 5 minutes the Dickey Lazio Skeen Meek (FL) Sanders Woolsey period of time within which a vote by Dixon Leach Smith (MI) Meeks (NY) Sandlin Wynn Doolittle Lewis (CA) Smith (NJ) electronic device may be taken on Dreier Lewis (KY) Smith (OR) NOT VOTING—20 adoption of the remaining resolutions Duncan Linder Smith (TX) Brady (TX) Hamilton McDade on which the Chair has postponed fur- Dunn Lipinski Smith, Linda Brown (CA) Hinojosa Millender- Ehlers Livingston Snowbarger Chenoweth Hulshof McDonald ther proceedings. Ehrlich LoBiondo Solomon Cooksey Hutchinson Moakley f Emerson Lucas Souder Crapo Lampson Reyes English Manzullo Spence Dingell Lewis (GA) Thomas PROVIDING FOR CONSIDERATION Ensign McCollum Stearns Gonzalez Markey Turner Everett McCrery Stump OF H.R. 4104, TREASURY AND Ewing McHugh Sununu b 1328 GENERAL GOVERNMENT APPRO- Fawell McInnis Talent PRIATIONS ACT, 1999 Foley McIntosh Tauzin Ms. WOOLSEY, Ms. CARSON and Forbes McKeon Taylor (NC) Messrs. STARK, CUMMINGS, JEF- The SPEAKER pro tempore. The Fossella Metcalf Thornberry FERSON, HALL of Texas, CLAY, BAR- pending business is the question de Fowler Mica Thune novo of agreeing to the resolution, Fox Miller (FL) Tiahrt CIA and PASCRELL changed their Franks (NJ) Moran (KS) Traficant vote from ‘‘yea’’ to ‘‘nay.’’ House Resolution 485, on which further Frelinghuysen Morella Upton So the resolution was agreed to. proceedings were postponed earlier Gallegly Myrick Walsh The result of the vote was announced today. Ganske Nethercutt Wamp Gekas Neumann Waters as above recorded. The Clerk read the title of the resolu- Gibbons Ney Watkins A motion to reconsider was laid on tion. Gilchrest Northup Watts (OK) the table. The SPEAKER pro tempore. The Gillmor Norwood Weldon (FL) question is the resolution. Gilman Nussle Weldon (PA) f Goodlatte Oxley Weller The question was taken; and the Goodling Packard White b 1330 Speaker pro tempore announced that Goss Pappas Whitfield the ayes appeared to have it. Graham Parker Wicker PROVIDING FOR ADJOURNMENT Granger Paul Wolf OF THE HOUSE FROM JUNE 25, RECORDED VOTE Yates Greenwood Paxon 1998, TO JULY 14, 1998, AND FOR Mr. DOGGETT. Mr. Speaker, I de- Gutknecht Pease Young (AK) mand a recorded vote. Hall (OH) Peterson (PA) Young (FL) RECESS OR ADJOURNMENT OF THE SENATE FROM JUNE 26, A recorded vote was ordered. NAYS—188 JUNE 27, OR JUNE 28, 1998, TO The SPEAKER pro tempore. This is a Abercrombie Clayton Fattah JULY 6, 1998 5-minute vote. Ackerman Clement Fazio The vote was taken by electronic de- Allen Clyburn Filner Mr. GOSS. Pursuant to House Reso- vice, and there were—ayes 125, noes 291, Andrews Condit Ford lution 491, I offer a privileged concur- not voting 17, as follows: Baesler Conyers Frank (MA) rent resolution (H. Con. Res. 297) and Baldacci Costello Frost [Roll No. 268] Barcia Coyne Furse ask for its immediate consideration. Barrett (WI) Cramer Gejdenson The Clerk read the concurrent reso- AYES—125 Becerra Cummings Gephardt lution, as follows: Ackerman Castle Edwards Bentsen Danner Goode Archer Clay Ehrlich Berman Davis (FL) Gordon H. CON. RES. 297 Armey Clayton Engel Berry Davis (IL) Green Resolved by the House of Representatives (the Baldacci Coburn Eshoo Bishop DeFazio Gutierrez Senate concurring), That when the House ad- Barton Conyers Fawell Blagojevich DeGette Hall (TX) journs on the legislative day of Thursday, Bass Crapo Foley Blumenauer Delahunt Harman June 25, 1998, it stand adjourned until 12:30 Berman Danner Fowler Bonior DeLauro Hastings (FL) Bilbray Davis (IL) Fox Borski Deutsch Hefner p.m. on Tuesday, July 14, 1998, or until noon Blagojevich Davis (VA) Franks (NJ) Boswell Dicks Hilliard on the second day after Members are notified Bliley DeGette Frelinghuysen Boucher Doggett Hinchey to reassemble pursuant to section 2 of this Boehlert Delahunt Furse Boyd Dooley Holden concurrent resolution, whichever occurs Bonilla DeLay Gejdenson Brady (PA) Doyle Hooley first; and that when the Senate recesses or Bono Diaz-Balart Gilchrest Brown (FL) Edwards Hoyer adjourns at the close of business on Friday, Brown (FL) Dixon Gilman Brown (OH) Engel Jackson-Lee June 26, 1998, Saturday, June 27, 1998, or Sun- Brown (OH) Doggett Goss Capps Eshoo (TX) Campbell Dooley Granger Cardin Etheridge Jefferson day, June 28, 1998, pursuant to a motion Cardin Dreier Greenwood Carson Evans John made by the Majority Leader, or his des- Carson Dunn Harman Clay Farr Johnson (WI) ignee, in accordance with this concurrent June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5331 Hastert Maloney (NY) Royce Rogers Skaggs Taylor (NC) The yeas and nays were ordered. Hastings (FL) McCarthy (MO) Sanchez Rohrabacher Skeen Thomas Hastings (WA) McDermott Schaefer, Dan Ros-Lehtinen Skelton Thompson The SPEAKER pro tempore. This Hefner McGovern Schumer Rothman Smith (MI) Thornberry will be a 5-minute vote. Hobson McInnis Shaw Roybal-Allard Smith (NJ) Thune The vote was taken by electronic de- Hooley McKinney Shays Rush Smith (OR) Tiahrt vice, and there were—yeas 222, nays Horn Millender- Slaughter Ryun Smith (TX) Torres Houghton McDonald Solomon Sabo Smith, Adam Towns 194, not voting 17, as follows: Jackson-Lee Miller (FL) Stabenow Salmon Smith, Linda Traficant [Roll No. 269] Stokes Sanders Snowbarger Visclosky (TX) Minge YEAS—222 Jefferson Morella Tauscher Sandlin Snyder Walsh Johnson (CT) Neal Thurman Sanford Souder Wamp Aderholt Gekas Pappas Kelly Nethercutt Tierney Sawyer Spence Watkins Archer Gibbons Parker Kennelly Northup Upton Saxton Spratt Watt (NC) Armey Gilchrest Paul Kilpatrick Olver Velazquez Scarborough Stark Watts (OK) Bachus Gillmor Paxon Klug Oxley Vento Schaffer, Bob Stearns Weldon (FL) Baker Gilman Pease Knollenberg Packard Waters Scott Stenholm Weldon (PA) Ballenger Goodlatte Peterson (PA) Kolbe Parker Waxman Sensenbrenner Strickland Weller Barr Goodling Petri Lazio Paxon Wexler Serrano Stump Weygand Barrett (NE) Goss Pickering Leach Pelosi Wicker Sessions Stupak White Bartlett Graham Pitts Levin Porter Woolsey Shadegg Sununu Whitfield Barton Granger Pombo Linder Pryce (OH) Yates Sherman Talent Wise Bass Greenwood Porter Livingston Ramstad Young (AK) Shimkus Tanner Wolf Bateman Gutknecht Portman Lowey Rivers Shuster Tauzin Wynn Bereuter Hall (TX) Pryce (OH) Luther Roukema Sisisky Taylor (MS) Young (FL) Bilbray Hansen Quinn Bilirakis Hastert Radanovich NOT VOTING—17 NOES—291 Bliley Hastings (WA) Ramstad Bonior Hamilton Markey Blunt Hayworth Redmond Abercrombie Ensign Lewis (CA) Brady (TX) Hinojosa McDade Boehlert Hefley Regula Aderholt Etheridge Lewis (KY) Cooksey Hulshof Moakley Boehner Herger Riggs Allen Evans Lipinski Dingell Hutchinson Reyes Bonilla Hill Riley Andrews Everett LoBiondo Gonzalez Lampson Turner Bono Hilleary Rogan Bachus Ewing Lofgren Graham Lewis (GA) Bryant Hobson Rogers Baesler Farr Lucas Bunning Hoekstra Rohrabacher Baker Fattah Maloney (CT) b 1344 Burr Horn Ros-Lehtinen Ballenger Fazio Manton Burton Hostettler Roukema Barcia Filner Manzullo Messrs. COMBEST, KINGSTON, Buyer Houghton Royce Barr Forbes Martinez BERRY, THOMAS, GIBBONS, Callahan Hunter Ryun Barrett (NE) Ford Mascara BOEHNER, WELLER, BLUNT, Calvert Hyde Salmon Barrett (WI) Fossella Matsui Camp Inglis Sanford Bartlett Frank (MA) McCarthy (NY) ENGLISH of Pennsylvania, SESSIONS, Campbell Istook Saxton Bateman Frost McCollum DUNCAN, CUNNINGHAM, Canady Jenkins Scarborough Becerra Gallegly McCrery GALLEGLY, and ROHRABACHER Cannon Johnson (CT) Schaefer, Dan Bentsen Ganske McHale changed their vote from ‘‘aye’’ to ‘‘no.’’ Castle Johnson, Sam Schaffer, Bob Bereuter Gekas McHugh Chabot Jones Sensenbrenner Berry Gephardt McIntosh Mr. OLVER, Ms. WATERS, Ms. Chambliss Kasich Sessions Bilirakis Gibbons McIntyre SANCHEZ, and Messrs. DAVIS of Illi- Chenoweth Kelly Shadegg Bishop Gillmor McKeon nois, ENGEL, MCGOVERN, and HEF- Christensen Kim Shaw Blumenauer Goode McNulty Coble King (NY) Shays Blunt Goodlatte Meehan NER, Mrs. CLAYTON, Mr. WEXLER, Coburn Kingston Shimkus Boehner Goodling Meek (FL) Mr. BERMAN, Ms. JACKSON LEE of Collins Knollenberg Shuster Borski Gordon Meeks (NY) Texas, and Messrs. DOGGETT, BROWN Combest Kolbe Skeen Boswell Green Menendez of Ohio, and MINGE, Ms. HOOLEY of Cook LaHood Smith (MI) Boucher Gutierrez Metcalf Cooksey Largent Smith (NJ) Boyd Gutknecht Mica Oregon, and Messrs. CLAY, LEACH, Cox Latham Smith (OR) Brady (PA) Hall (OH) Miller (CA) WAXMAN, and STOKES, Mrs. KEN- Crane LaTourette Smith (TX) Brown (CA) Hall (TX) Mink NELLY of Connecticut, and Messrs. Crapo Lazio Snowbarger Bryant Hansen Mollohan Cubin Leach Solomon Bunning Hayworth Moran (KS) VENTO, YATES, CONYERS and Cunningham Lewis (CA) Souder Burr Hefley Moran (VA) DIXON, Ms. CARSON, and Ms. KIL- Davis (VA) Lewis (KY) Spence Burton Herger Murtha PATRICK changed their vote from Deal Linder Stearns Buyer Hill Myrick ‘‘no’’ to ‘‘aye.’’ DeLay Livingston Stump Callahan Hilleary Nadler Diaz-Balart LoBiondo Sununu Calvert Hilliard Neumann b 1345 Dickey Lucas Talent Camp Hinchey Ney Doolittle Manzullo Tauzin Canady Hoekstra Norwood So the resolution was not agreed to. Dreier McCollum Taylor (NC) Cannon Holden Nussle The result of the vote was announced Duncan McCrery Thomas Capps Hostettler Oberstar Dunn McHugh Thornberry Chabot Hoyer Obey as above recorded. Ehlers McInnis Thune Chambliss Hunter Ortiz A motion to reconsider was laid on Ehrlich McIntosh Tiahrt Chenoweth Hyde Owens the table. Emerson McKeon Traficant Christensen Inglis Pallone English Metcalf Upton Clement Istook Pappas f Ensign Mica Walsh Clyburn Jackson (IL) Pascrell Everett Miller (FL) Wamp Coble Jenkins Pastor PROVIDING FOR CONSIDERATION Ewing Moran (KS) Watkins Collins John Paul OF H.R. 4112, LEGISLATIVE Fawell Morella Watts (OK) Combest Johnson (WI) Payne BRANCH APPROPRIATIONS ACT, Foley Myrick Weldon (FL) Condit Johnson, E. B. Pease Forbes Nethercutt Weldon (PA) Cook Johnson, Sam Peterson (MN) 1999 Fossella Neumann Weller Costello Jones Peterson (PA) The SPEAKER pro tempore (Mr. Fowler Ney White Cox Kanjorski Petri Fox Northup Whitfield Coyne Kaptur Pickering LAHOOD). The pending business is the Franks (NJ) Norwood Wicker Cramer Kasich Pickett question de novo vote on ordering the Frelinghuysen Nussle Wolf Crane Kennedy (MA) Pitts previous question on the resolution, Gallegly Oxley Young (AK) Cubin Kennedy (RI) Pombo Ganske Packard Young (FL) Cummings Kildee Pomeroy House Resolution 489, on which further Cunningham Kim Portman proceedings were postponed earlier. NAYS—194 Davis (FL) Kind (WI) Poshard The Clerk read the title of the resolu- Abercrombie Bishop Capps Deal King (NY) Price (NC) tion. Ackerman Blagojevich Cardin DeFazio Kingston Quinn Allen Blumenauer Carson DeLauro Kleczka Radanovich The SPEAKER pro tempore. The Andrews Bonior Clay Deutsch Klink Rahall question is on ordering the previous Baesler Borski Clayton Dickey Kucinich Rangel Baldacci Boswell Clement Dicks LaFalce Redmond question. The question was taken; and the Barcia Boucher Clyburn Doolittle LaHood Regula Barrett (WI) Boyd Condit Doyle Lantos Riggs Speaker pro tempore announced that Becerra Brady (PA) Conyers Duncan Largent Riley the ayes appeared to have it. Bentsen Brown (CA) Costello Ehlers Latham Rodriguez Mr. OBEY. Mr. Speaker, on that, I Berman Brown (FL) Coyne Emerson LaTourette Roemer Berry Brown (OH) Cramer English Lee Rogan demand the yeas and nays. H5332 CONGRESSIONAL RECORD — HOUSE June 25, 1998 Cummings Kilpatrick Poshard Calvert Hastings (WA) Pombo Kucinich Murtha Skaggs Danner Kind (WI) Price (NC) Camp Hayworth Porter LaFalce Nadler Skelton Davis (FL) Kleczka Rahall Campbell Hefley Portman Lantos Neal Slaughter Davis (IL) Klink Rangel Canady Herger Pryce (OH) Lee Oberstar Smith, Adam DeFazio Kucinich Rivers Cannon Hill Quinn Levin Obey Snyder DeGette LaFalce Rodriguez Castle Hobson Radanovich Lipinski Olver Spratt Delahunt Lantos Roemer Chabot Hoekstra Ramstad Lofgren Ortiz Stabenow DeLauro Lee Rothman Chambliss Horn Redmond Lowey Owens Stark Deutsch Levin Roybal-Allard Chenoweth Hostettler Regula Luther Pallone Stenholm Dicks Lipinski Rush Christensen Houghton Riggs Maloney (CT) Pascrell Stokes Dixon Lofgren Sabo Coble Hyde Riley Maloney (NY) Payne Strickland Doggett Lowey Sanchez Coburn Inglis Rogan Manton Pelosi Stupak Dooley Luther Sanders Collins Istook Rogers Martinez Peterson (MN) Tanner Doyle Maloney (CT) Sandlin Combest Jenkins Rohrabacher Mascara Pickett Tauscher Edwards Maloney (NY) Sawyer Cook Johnson (CT) Ros-Lehtinen Matsui Pomeroy Taylor (MS) Engel Manton Schumer Cooksey Johnson, Sam Roukema McCarthy (MO) Poshard Thompson Eshoo Martinez Scott Cox Jones Royce McCarthy (NY) Price (NC) Thurman Etheridge Mascara Serrano Crane Kasich Ryun McDermott Rahall Tierney Evans Matsui Sherman Crapo Kelly Salmon McGovern Rangel Torres Farr McCarthy (MO) Sisisky Cubin Kim Sanford McHale Rivers Towns Fattah McCarthy (NY) Skaggs Cunningham King (NY) Saxton McIntyre Rodriguez Velazquez Fazio McDermott Skelton Danner Kingston Scarborough McKinney Roemer Vento Filner McGovern Slaughter Davis (VA) Knollenberg Schaefer, Dan McNulty Rothman Visclosky Ford McHale Smith, Adam Deal Kolbe Schaffer, Bob Meehan Roybal-Allard Waters Frank (MA) McIntyre Snyder DeLay LaHood Sensenbrenner Meek (FL) Rush Watt (NC) Frost McKinney Spratt Diaz-Balart Largent Serrano Meeks (NY) Sabo Waxman Furse McNulty Stabenow Dickey Latham Sessions Menendez Sanchez Wexler Gejdenson Meehan Stark Doolittle LaTourette Shadegg Millender- Sanders Weygand Gephardt Meek (FL) Stenholm Dreier Lazio Shaw McDonald Sandlin Wise Goode Meeks (NY) Stokes Duncan Leach Shays Miller (CA) Sawyer Woolsey Gordon Menendez Strickland Dunn Lewis (CA) Shimkus Minge Schumer Wynn Green Millender- Stupak Ehlers Lewis (KY) Shuster Mink Scott Yates Gutierrez McDonald Tanner Ehrlich Linder Skeen Mollohan Sherman Hall (OH) Miller (CA) Tauscher Emerson Livingston Smith (MI) Moran (VA) Sisisky Harman Minge Taylor (MS) English LoBiondo Smith (NJ) Hastings (FL) Mink Thompson Ensign Lucas Smith (OR) NOT VOTING—17 Hefner Mollohan Thurman Everett Manzullo Smith (TX) Brady (TX) Hulshof Markey Hilliard Moran (VA) Tierney Ewing McCollum Smith, Linda Dingell Hunter McDade Hinchey Murtha Torres Farr McCrery Snowbarger Gonzalez Hutchinson Moakley Holden Nadler Towns Fawell McHugh Solomon Hamilton Klug Reyes Hooley Neal Velazquez Fazio McInnis Souder Hilleary Lampson Turner Hoyer Oberstar Vento Foley McIntosh Spence Hinojosa Lewis (GA) Jackson (IL) Obey Visclosky Forbes McKeon Stearns Jackson-Lee Olver Waters Fossella Metcalf Stump b 1401 (TX) Ortiz Watt (NC) Fowler Mica Sununu So the resolution was agreed to. Jefferson Owens Waxman Fox Miller (FL) Talent John Pallone Wexler Franks (NJ) Moran (KS) Tauzin The result of the vote was announced Johnson (WI) Pascrell Weygand Frelinghuysen Morella Taylor (NC) as above recorded. Johnson, E. B. Pastor Wise Gallegly Myrick Thomas A motion to reconsider was laid on Kanjorski Payne Woolsey Ganske Nethercutt Thornberry the table. Kennedy (MA) Pelosi Wynn Gekas Neumann Thune Kennedy (RI) Peterson (MN) Yates Gibbons Ney Tiahrt f Kennelly Pickett Gilchrest Northup Traficant Kildee Pomeroy Gillmor Norwood Upton GENERAL LEAVE Gilman Nussle Walsh Mr. WALSH. Mr. Speaker, I ask NOT VOTING—17 Goodlatte Oxley Wamp Brady (TX) Hutchinson McDade Goodling Packard Watkins unanimous consent that all Members Dingell Kaptur Moakley Goss Pappas Watts (OK) may have 5 legislative days within Gonzalez Klug Reyes Graham Parker Weldon (FL) which to revise and extend their re- Hamilton Lampson Smith, Linda Granger Pastor Weldon (PA) marks on H.R. 4112, and that I may in- Hinojosa Lewis (GA) Turner Greenwood Paul Weller Hulshof Markey Gutierrez Paxon White clude tabular and extraneous material. Gutknecht Pease Whitfield The SPEAKER pro tempore (Mr. Hall (OH) Peterson (PA) Wicker LAHOOD). Is there objection to the re- b 1354 Wolf Hall (TX) Petri quest of the gentleman from New So the previous question was ordered. Hansen Pickering Young (AK) Hastert Pitts Young (FL) York? The result of the vote was announced There was no objection. as above recorded. NOES—188 f The SPEAKER pro tempore. The Abercrombie Clyburn Gejdenson question is on the resolution. Ackerman Condit Gephardt LEGISLATIVE BRANCH The question was taken; and the Allen Conyers Goode APPROPRIATIONS ACT, 1999 Andrews Costello Gordon Speaker pro tempore announced that Baesler Coyne Green The SPEAKER pro tempore. Pursu- the ayes appeared to have it. Baldacci Cramer Harman ant to House Resolution 489 and rule RECORDED VOTE Barcia Cummings Hastings (FL) XXIII, the Chair declares the House in Barrett (WI) Davis (FL) Hefner Mr. FROST. Mr. Speaker, I demand a Becerra Davis (IL) Hilliard the Committee of the Whole House on recorded vote. Bentsen DeFazio Hinchey the State of the Union for the consider- A recorded vote was ordered. Berman DeGette Holden ation of the bill, H.R. 4112. Berry Delahunt Hooley The SPEAKER pro tempore. This Bishop DeLauro Hoyer b 1404 will be a 5-minute vote. Blagojevich Deutsch Jackson (IL) IN THE COMMITTEE OF THE WHOLE The vote was taken by electronic de- Blumenauer Dicks Jackson-Lee vice, and there were—ayes 228, noes 188, Bonior Dixon (TX) Accordingly, the House resolved Borski Doggett Jefferson not voting 17, as follows: itself into the Committee of the Whole Boswell Dooley John House on the State of the Union for the [Roll No. 270] Boucher Doyle Johnson (WI) Boyd Edwards Johnson, E. B. consideration of the bill (H.R. 4112) AYES—228 Brady (PA) Engel Kanjorski making appropriations for the Legisla- Aderholt Barton Boehner Brown (CA) Eshoo Kaptur tive Branch for the fiscal year ending Archer Bass Bonilla Brown (FL) Etheridge Kennedy (MA) Armey Bateman Bono Brown (OH) Evans Kennedy (RI) September 30, 1999, and for other pur- Bachus Bereuter Bryant Capps Fattah Kennelly poses, with Mr. Hansen in the chair. Baker Bilbray Bunning Cardin Filner Kildee The Clerk read the title of the bill. Ballenger Bilirakis Burr Carson Ford Kilpatrick The CHAIRMAN. Pursuant to the Barr Bliley Burton Clay Frank (MA) Kind (WI) Barrett (NE) Blunt Buyer Clayton Frost Kleczka rule, the bill is considered as having Bartlett Boehlert Callahan Clement Furse Klink been read the first time. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5333 Under the rule, the gentleman from and however anyone may vote on this under 2 percent with a 3 percent across- New York (Mr. WALSH) and the gen- bill, the two of them have established the-board increase for staff was a real tleman from New York (Mr. SERRANO) their own tradition and done an out- challenge and I am very proud of the each will control 30 minutes. standing job on behalf of the institu- work product. The Chair recognizes the gentleman tion. I think all Members of both par- The outlays is an increase of about $7 from New York (Mr. WALSH). ties need to recognize their contribu- million in net outlays, that is only .45 Mr. WALSH. Mr. Chairman, I yield tion and appreciate the great work percent above last year. The savings, if myself such time as I may consume. that the two of them have done for the I might, since the 104th Congress when Mr. Chairman, I rise today in strong House of Representatives. our party became the majority party, support of H.R. 4112, the Legislative Mr. WALSH. I thank the gentleman is $78 million below the level that this Branch appropriations bill for fiscal very much for his kind words. I would Legislative Branch was funded at in year 1999. This is a good bill for the just suggest to him that I too am a Red 1994. Including the 1999 bill, the cumu- House, a balanced piece of legislation Sox fan, although I am very deeply a lative Legislative appropriations sav- representing the views of every mem- Yankees fan. I had a great uncle play ings have been over a half billion dol- ber of our subcommittee, and, most im- baseball for the Red Sox back about 60 lars. portantly, provides for the needs of the years ago, actually about 80 years ago, Mr. Chairman, I think that people House to conduct its business here in a and was with them the last time they would expect us to lead by our example responsible and effective manner. won the world series in, I believe it was in this government downsizing, rightsizing, and I think that we have Before I present a general overview, 1918. He played with Babe Ruth and done that. I think that this budget, the Mr. Chairman, I want to thank the then the Babe, as we know, went to Legislative Branch budget, has done gentleman from New York (Mr. New York. The rest is, as they say, his- more to show leadership in reducing SERRANO), the ranking member of the tory. the size of government, making it more subcommittee. Never let it be said that Again, I thank the gentleman for all effective, everyone is working faster upstate and downstate New York can- his help in this bill and for the work and smarter and harder, so I think this not work together. I would like to that he has done. thank him for his tremendous help and Mr. Chairman, a bill like this is not is a real tribute to the efforts and it has been tough. It has been very dif- hard work in producing this legisla- prepared without yeoman effort on the ficult to get those numbers down. Be- tion. Working with the gentleman from part of staff. My personal thanks to Ed cause we are talking about people and New York for me is a personal pleasure Lombard for his help and guidance we are talking about service to people. and one I consider a distinct honor. throughout this process. I think that The employment levels. This bill This bipartisan legislation is the result almost every Member of the House rec- cuts another 438 full-time equivalent of our close working relationship, and I ognizes Ed’s dedication to the Legisla- positions, down some 2 percent from thank him for all that help. I would tive Branch and to this process each last year. Overall since 1994, we are also like to extend a personal thanks year. He truly is the gem of this bill. down over 15 percent below 1994 levels to the gentleman from Florida (Mr. Lucy Hand of the gentleman from New of employment. No other branch of the YOUNG), the gentleman from California York’s staff has again contributed Federal Government has made that (Mr. CUNNINGHAM), the gentleman from greatly to the product brought forward sort of a commitment to downsizing. Iowa (Mr. LATHAM) and the gentleman here today and I thank her for all of What we have done is we have given from Tennessee (Mr. WAMP) on the ma- her help. Tom Martin, on loan to us the Architect of the Capitol and the jority side and the gentleman from from the Library of Congress, and Jo- Government Printing Office the oppor- California (Mr. FAZIO) and the gen- hanna Kenny of my staff also deserve tunity and the statutory ability to tleman from Maryland (Mr. HOYER) on special recognition for their hard work. manage that downsizing through a the minority for their time and effort Mr. Chairman, let me also restate buyout program which gives employees in producing this legislation. Also, Mr. something I mentioned last year when something when they leave office and LIVINGSTON, the chairman of the com- bringing the Legislative Branch appro- it also gives the management some mittee, and Mr. OBEY, the ranking priations bill before the floor. We the tools to manage that downsizing to member of the full committee, partici- members are fortunate to have some of make sure that services continue, or pated heartily, and I thank them. the most loyal and dedicated people in improve even. Mr. Chairman, the House and in par- the world working here with us on a Lastly, let me just point out that ticular this subcommittee, is losing daily basis. Both those who help main- there are two or three other aspects one of its key Members at the conclu- tain our facilities here in the House that I think are important. One is that sion of the 105th Congress. The gen- and those who work with many of the the Joint Committee on Printing is tleman from California (Mr. FAZIO) has offices connected to the House deserve only funded for 3 more months in this been an outstanding member of our the thanks of every Member who serves bill. The House and the Senate chairs subcommittee. He formerly chaired the here. of the Joint Committee on Printing Subcommittee on the Legislative Mr. Chairman, just to provide a few have asked us to do that because they Branch and has always had the overall specifics about this bill. First of all, are going to eliminate this joint com- interest of the House first and foremost the appropriation level is $1.8 billion mittee. Again the idea of downsizing on his mind. I have benefited from his for fiscal year 1999. Compared to last government. Again I mentioned the wisdom and his counsel this year and year we are just about $30 million buyout programs. last, and I want to publicly thank him above. I would remind those who are One interesting feature of this bill for all the help and guidance that he not familiar with this bill that these will be that we will provide funding for has provided. The gentleman has been are not funds just for the House of Rep- the Congressional Cemetery which a great defender of this institution and resentatives. This funds the Library of really has no connection with this body we will miss him very much. Congress, the Architect of the Capitol, other than a number of members are Mr. FAZIO of California. Mr. Chair- the General Accounting Office, the buried there along with many other man, will the gentleman yield? Congressional Budget Office, the Gov- very famous Americans, including the Mr. WALSH. I yield to the gentleman ernment Printing Office, the Botanic great American musician and legend from California. Garden, the Capitol Hill Police and John Phillips Sousa is buried there. Mr. FAZIO of California. First of all other agencies. So it is a rather exten- That has been declared a historic pres- I want to thank the gentleman for sive bill. ervation site. We provide a million dol- those very kind comments. I want to What we have provided for is about a lars of taxpayers’ money to be matched say that I was born a Red Sox fan and 1.7 percent increase in the budget over by the Foundation for the National have been one my entire 55 years. It last year. I think it is important to Historic Trust for Historic Preserva- grates me greatly to have to praise two note that since all of our employees tion, they will help raise a million dol- Yankee fans who have worked so well will be getting a 3 percent plus, about lars together with the Cemetery Asso- together, but I say regardless of the 3.1 percent increase, cost of living al- ciation, and that will create an endow- issues that come before this committee lowance, that to bring this bill in ment for the routine maintenance in H5334 CONGRESSIONAL RECORD — HOUSE June 25, 1998 perpetuity of that beautiful old ceme- Increase of $5,635,000 for the offices of the Congressional Research Service— tery right here in the city of Washing- House. $66,688,000, providing for mandatory pay ton. Clerk’s budget reduced $362,000 due to costs for current FTE level of 747. CRS re- I would like to credit Jim Oliver who lower costs for closed captioning and steno- quested funds for 20 additional staff to be re- graphic reporting contracts. peated each year for five years to bring on is the chairman of the board of the Sergeant at Arms reduced in supplies and apprentice staff for mentoring before the Congressional Cemetery who works equipment, reflecting one-time purchases in aging workforce retires. At the time of the right here on the floor of the House for FY 1998. hearings (February) and continuing to today, the work that he has done, using volun- CAO’s operation reduced by 18 FTE’s; over- the committee believes there are ample va- teer help, catch as catch can, to keep all increase of $6,484,000 relfects increase to cancies at CRS to carryout this program. that cemetery up in a proper manner. cover lost computer time reimbursements Library of Congress (except CRS)— This, Mr. Chairman, I think, is an ef- and equipment and furniture purchases for $291,701,000. This provides funds for the cur- first session of 106th Congress. fort, a one-shot deal. We will do this rent employment level, modest (2% overall) Inspector general and other offices of the increases in nonpersonnel costs. Funds are and then we will get out of it. The Ar- House held to COLA increases. provided to comply with the year 2000 prob- chitect will stay involved as a member Allowances and expenses, an increase of lem and for the integrated library system. of the board of trustees to keep our $8,712,000, 97% of it due to increased costs for Routine administrative provisions plus oversight interest in front of that staff benefits. new provision (sec. 207) providing authority board, but then we are finished with it. Joint Economic Committee—funded at re- for the Library to receive and credit funds I would like to thank again all the peo- quest level, an increase of $46,000 for commit- from entities involved with the Global Legal tee staff COLA’s. ple who helped to put this bill to- Information Network (GLIN) program in the Joint Committee on Printing—three law library. gether, in particular the gentleman months’ funding at request of Chairman Provides funds for additional 3,766 play- from New York (Mr. SERRANO). WARNER and Vice Chairman THOMAS; provi- back machines for blind and physically Mr. Chairman, I submit the following sion for additional amount for the Commit- handicapped readers, an increase of 18% over details and tabular material for the tee on House Oversight, if legislation in- the past two years. RECORD: creases that committee’s jurisdiction over Government Printing Office—$103,729,000 the Government Printing Office. LEGISLATIVE BRANCH APPROPRIATIONS BILL, and 3,416 FTE’s, a decrease of $7,017,000 and Joint Committee on Taxation—$6,018,000, 1999 134 FTE’s. the amount requested for current programs Congressional printing and binding— RECOMMENDATIONS FOR FISCAL YEAR 1998 and to pay for staff COLA’s $74,465,000, a decrease of $7,204,000. $1.8 billion ($1,804,689,700) in New Attending physician—$1,383,000, current Superintendent of Documents—$29,264,000, Obligational authority of which $1.113 billion programs plus COLA costs. an increase of $187,000 for staff COLA’s. ($1,113,521,700) if for Congressional operations Capitol police—$76,381,000, including GPO costs too high: GAO management re- exclusive of Senate items. The balance of the $72,615,000 for salaries (COLA’s and ‘‘com- view (Booz-Allen & Hamilton contract) found bill, $691 million ($691,168,000) is for the oper- parability’’ funded) and $3,766,000 for ex- costs and staffing levels at the plant, in the ations of the other legislative branch agen- penses including travel, communications printing procurement program and sales pro- cies. equipment and a hazardous materials train- gram too high. They also found a higher per- Reduction: $129.6 million ($129,592,900) ing program ($260,000). All other expense centage of the workforce eligible to retire under the budget reuqest, a 6.7% reduction. items held to a 2% increase. than elsewhere in Government. Above 1998 appropriations: $29.8 million Guides and special services office— GPO employee buyout: The bill includes a ($29,813,900) above the current fiscal year— $2,110,000, providing for staff COLA costs. Re- provision (sec. 310) providing Public Printer 1.68%. quest for three additional FTE’s not pro- authority to establish a retirement incentive Above 1998 Outlays: An increase of $7 mil- vided. (buyout) and early out programs to reduce lion in net outlays from new budget author- Office of Compliance—$2,086,000, providing personnel costs at GPO. ity above the amount provided in FY1998. for a lower staff level. Committee report di- General Accounting Office—$354,238,000 That’s only 4/10ths of 1 percent. Outlays from rects budget formulation for FY2000 should plus authority to spend $2,000,000 in receipts prior year authority (which we have no con- reflect lowered level of activity, not that the for audits, an increase of $14,739,000. This in- trol of in this bill— are up $44 million. intensive startup costs for this office are no cludes $5,404,000 to make up for no longer COMPONENTS OF INCREASE longer needed. available building rental receipts. Mandatory: There is an increase of $45.6 Congressional Budget Office—$25,671,000, an Provides funds, including COLA’s, for 3,225 million ($45,126,500) primarily because of the increase of $874,000 to pay for staff COLA’s. FTE’s, a slight increase in the level pro- 3.1% staff cola projected for 1999. The committee report directs CBO to report jected for FY 1998. Price Level: $4 million ($4,089,000) for price to House and Senate committees—the earlier Committee report directs GAO to train increases (travel, utilities, etc.); agencies of August 30 or before conference on this staff in contract management skills to in- were held to a 2% increase. bill—on variances between CBO estimates crease the agency’s ability to utilize consult- Program changes: A reduction of $19.4 mil- and actual outcomes for revenue, deficit and ing firms and other experts in lieu of inter- lion ($19,401,600) in programs— expenditure forecasts. nal staff. House is up a net of $2.3 million in program Architect of the Capitol—$136,399,000, a de- General and administrative provisions: changes ($2,272,400), including $2.8 million crease of $18.3 million (18,325,000) from Several housekeeping provisions: primarily to finance year 2000 fixes and to FY1998. Operating budget increase of Sec. 101—Remove the Architect from the makeup lost revenue due to migration of the $4,808,000 to cover staff COLA’s and overall House page board. HIR mainframe to a client/server architec- 2% increase in non-personnel costs. Capital Sec. 102—Increase the authorization for ture. budget at $22,133,000 lower than FY1998 due interparliamentary receptions to $80,000. A net $360,000 reduction in program costs of to one time costs for urgent work on the Sec. 103—Authorization for training and joint items. Capitol dome and security for the Capitol program development programs for House Office of compliance: A net $279,000 reduc- square perimeter which were funded in a fis- leadership offices. tion in program costs due to a diminished cal year 1998 supplemental. Sec. 104—Technical amendment to conform workload. Congressional cemetery: Grant provided to statutes to current structure of the Mem- CBO: A $325,000 reduction in program costs. establish permanent endowment, to be bers’ representational allowance. Architect of the Capital: A $20,556,000 re- matched by private donations, to cover an- Sec. 105—Provision requested by chairman duction in program costs. nual maintenance. and ranking minority member of Ethics Government Printing Office: A $7,204,000 Power plant: Provision included (sec. 308) Committee to postpone identifying, in the savings generated by an investment in new to provide authority for architect to use en- CAO’s statement of disbursements, witnesses technology. ergy savings performance contracts to refit appearing in executive session before the The Library of Congress: A $1,253,000 pro- the east plant chiller. committee. gram increase to finance the installation of Audio Visual Conservation Center: Provi- Sec. 106—Provision authorizing Committee the integrated library system (ILS) and to sion to limit expenditures for capital costs on House Oversight to prescribe conditions bring the library’s computers into compli- at this new library building in Culpeper, Vir- appropriate to non-official business use of ance with the year 2000. ginia and to specify that expenditures shall supplies and equipment. GAO: A $5,404,000 increase, to makeup for a be at a 3:1 ratio, private-to-public. Sec. 107—A provision authorizing 1 con- loss of building rental receipts. Employeee buyout program: Section 309— sultant each for Speaker and two leaders and MAJOR ITEMS IN THE BILL authority given to the Architect of the Cap- limiting rate of payment to per diem of com- House of Representatives—$734,107,000. itol to establish a retirement incentive pay- mittee staff. Increase of $5,490,000 for staff COLA’s in ment (buyout) program through FY2001. The Sec. 108—Provision authorizing a transit Members’ Offices. Architect will use this program to realign subsidy program for staff of the House. Increase of $4,572,000 for COLA’s for com- operations, to eliminate duplicative oper- Sec. 109—Provision carried as general pro- mittee staff. ations and for other efficiencies. vision in last year’s act that provides that June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5335 unspent MRA funds shall be used for deficit Outlays for spending in the bill increase $7 302b: ¥$17.3 million reduction under our reduction. million—an increase of 4⁄10 of one percent. 302b’s (Senate excluded). FTE’s are reduced by 438. Since 1994, the Routine administration provisions for the Outlays compared to: Capitol Police and Library of Congress have legislative branch employment base will be been included as well as the new provision down over 4,300 FTE’s. That’s a 15.7 percent 1998 operating level: +$51 million (+2.9 per- mentioned earlier for the Library and the reduction. cent) increase. $44 million are in prior year two provisions mentioned earlier for the Ar- SUMMARY outlays over which we have no control. chitect. BA compared to: 1999 request: ¥$96 million (5.1 percent de- 1998 operating level: +$29.8 million (+1.68 INTERESTING COMPARISONS crease). percent). The 1.68 percent increase is less than infla- 1999 request: ¥$129.6 million (¥6.7 per- 302b: ¥$25 million (¥1.4 percent) reduction tion. cent). under pro rata share (Senate excluded). H5336 CONGRESSIONAL RECORD — HOUSE June 25, 1998 June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5337 H5338 CONGRESSIONAL RECORD — HOUSE June 25, 1998 June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5339 Mr. WALSH. Mr. Chairman, I reserve member, Lucy Hand, for the work that This covers the operations of House Mem- the balance of my time. she always does for the committee. ber and Committee offices, administrative of- Mr. SERRANO. Mr. Chairman, I yield The gentleman from New York (Mr. fices, and the legislative support activities of myself such time as I may consume. WALSH), the other Members and I share the Congressional Budget Office, Congres- Mr. Chairman, I rise in support of a belief and commitment to the House sional Research Service, and the Architect of H.R. 4112. To repeat what I said at the as an institution. This is the People’s the Capitol. full committee and before the commit- House where we carry out the govern- The bill also includes $691 for other agen- tee, it has been a great personal pleas- mental roles of enacting the Nation’s cies such as the Library of Congress, General ure for me to work on this bill with the laws, overseeing and investigating Fed- Accounting Office, and Government Printing gentleman from New York (Mr. eral programs, and, yes, checking and Office. WALSH), our chairman. The gentleman balancing the executive and judicial While the bill continues to reduce staffing from New York is a friend of mine and branches. In these historic surround- levels, it provides buyout authority to the Ar- I am a longtime fan of his. In fact, the ings and in the presence of the public, chitect and the GPO so they can manage staff sad part of this week’s baseball game, people come to us to petition their gov- reductions and restructuring. Buyouts are less congressional baseball game, was that ernment and to see how their laws are expensive, less disruptive, and less harmful to since he and I retired for one year, no made. Tourists visit the inspiring Cap- the affected workers than the alternative, re- one wore that illustrious uniform of itol building which is a symbol of our ductions-in-force. democracy as well as our own work- the New York Yankees at this game, Mr. Speaker, I repeat that this is a good bill. place. something we will take care of when he However, there are concerns on our side that gets back in shape and plays next year. Mr. Chairman, the congressional complex has been compared to a small must be expressed. b 1415 city. It has an infrastructure of build- First, however modest the increase in total The other: The gentleman from New ings and roads, water and sewer, spending over last year isÐand I believe 1.7% York (Mr. WALSH) has been very kind phones and cables. It offers amenities is modestÐit is still an increase. Other appro- to all the Members. He has been very such as visitors’ tours, health care and priations bills contain drastic cuts and even fair, bipartisan. He is a very knowl- public safety. A huge number and vari- terminations in programs of great importance edgeable chairman, Mr. Chairman, and ety of people work here or come to to the American people, especially the most he is just the kind of person that I am visit. We all want to ensure that the vulnerable Americans. glad to work with, and one of the main House operates efficiently to protect Second, the bill provides funding for only reasons why I support this bill the way and enhance the Capitol and the other one quarter for the Joint Committee on Print- I do was because whatever short- buildings and grounds and to protect ing. This was at the request of the Chairmen comings the bill may have, I know that the health, safety and security of all. of the House Oversight and Senate Rules there are issues that he wanted to deal We must in this bill provide re- Committees and assumes that Title 44 reform, with and perhaps fell short in trying to sources sufficient to run an enterprise including disposition of JCP's functions, will be make the perfect bill that he would of this size and complexity. completed by the end of 1998. However, there have wanted. Mr. Chairman, this is on balance a are not many legislative days left in this ses- The other members of the sub- good bill, given the constraints the sion and no legislation has been introduced, committee, too, have worked well to- committee is working under this year so completing reform seems unlikely. gether: the gentleman from California and for the last couple of years. The Third, spending in the 105th Congress out (Mr. FAZIO), the gentleman from Mary- gentleman from New York (Mr. WALSH) of the Speaker's ``reserve fund for unantici- land (Mr. HOYER) on our side, whose has explained the bill in detail, but I pated expenses of committees'' was included combined knowledge of the legislative will add a couple of comments: in the base used to calculate the fiscal year First of all, the increase of 1.7 is real- branch is staggering, along with the 1999 ``Committee Employees'' appropriation. ly above last year, is really less than gentleman from Florida (Mr. YOUNG), We understand that whether there is a slush the expected rate of inflation and less the gentleman from California (Mr. fund in the 106th Congress will be decided than the likely 3.1 percent cost of liv- CUNNINGHAM), the gentleman from Ten- when the new Congress adopts its rules and ing adjustment. I think that this mer- nessee (Mr. WAMP), the gentleman from its Committee Funding Resolution. And that is its the respect of the House because it Iowa (Mr. LATHAM), and the chairman the way funds should be allocated among is not easy to come up with this kind and ranking Democrat of the full com- CommitteesÐby a vote of the House. They of a bill and still only increase it by mittee, the gentleman from Louisiana should not be held in reserve to be distributed the amount we have. at the whim of one party's leadership through (Mr. LIVINGSTON) and the gentleman This covers the operations of the from Wisconsin (Mr. OBEY). a Committee strongly weighted toward that House Member and committee offices, party. Once again I will do what so many administrative offices and the legisla- I supported Mr. HOYER's attempt to have an people have done, but I think it merits tive support activities of the Congres- amendment made in order that would limit mentioning every so often, and that is sional Budget Office, Congressional Re- funds available for the disbursements from the the fact that this institution and all of search Service and the Architect of the reserve fund. us are going to miss the gentleman Capitol. The bill also includes dollars from California (VIC FAZIO) very much. for the Library of Congress, the Gen- Sadly, the amendment was not made in Other Members have talked about his eral Accounting Office and the Govern- order under the rule, and the House is denied many talents and qualities, his experi- ment Printing Office. the opportunity to vote on how Committee ence, his insight, his wisdom, his fair- And while the bill continues to re- funds should be allocated. ness. Let me add that no one has been duce staffing levels, it provides buyout I am also sorry that Rules did not waive more consistently devoted to this place authority to the Architect and the points of order against Section 108, as it did or had more knowledge of its inner GPO so they can manage staff reduc- for every other provision subject to a point of workings than the gentleman from tions and restructuring. Buyouts are order. Section 108 was a Hoyer amendment California (Mr. FAZIO). His retirement less expensive, less disruptive and less adopted in Committee, based on a resolution will leave an enormous gap that we harmful to the affected workers than by Mr. BLUMENAUER. must struggle to fill. the alternative reductions in work The amendment would have required the And of course we could not have this force. Oversight Committee to institute a program bill here before us today if it was not I repeat that this is a good bill, and through which employing offices, including for the very able staff that we all have. I will continue to speak for the bill, Members, could offer transit subsidies to em- Few can match Ed Lombard’s experi- Mr. Chairman, during this debate. I ployees who do not have parking spaces or ence and knowledge or Greg Dahlberg’s hope that at the end of it, it will have belong to car pools. It is past time for the skill and expertise. Tom Martin has bipartisan support and that the work House to join the Senate, the Architect's of- provided valuable service to the sub- that the gentleman from New York fice, the executive branch, and much of the committee and each Member’s own (Mr. WALSH) and our committee has private sector. staff, and I would like to take this op- done will be appreciated by all Mem- More than half the Members of the House, portunity to commend my own staff bers. of the Appropriations Committee, even of the H5340 CONGRESSIONAL RECORD — HOUSE June 25, 1998 House Oversight Committee, are cosponsors that families across this country use Mr. WALSH. Mr. Chairman, I yield of Mr. BLUMENAUER's bill, so I would have and that many businesses use in having myself such time as I may consume. thought a clean vote on whether or not to a competent recycling program has Mr. Chairman, I really have to rise strike the provision would have been fair, but been totally missing from this House in again and respond to my colleague 1 as it is, the provision can be stricken on a the last 3 ⁄2 years. from Texas (Mr. DOGGETT) regarding point of order. Let me recite the facts: the recycling program. There is no 1 Other problems facing the bill are not due to For 3 of the last 3 ⁄2 years that this question that we are not perfect. But I the bill itself but to the atmosphere in the House has been under Republican con- would submit that we are probably House. trol, there has been no recycling coor- doing better than a lot of other com- There are numerous ongoing, duplicative, dinator in this Congress. Indeed there munities around this country, and is no recycling coordinator today. As highly partisan investigations. The Democratic there really is an effort on the part of we debate today this bill, there is no Leader recently released a report that found this committee and on the part of the recycling plan in place. As we debate that more than $17 million in taxpayers' dollars Republican leadership to do a better this bill there is no recycling of mixed has been spent to date on more than 50 in- job at recycling. paper in this House; indeed that is zero, vestigations involving 15 of the 20 standing I cannot understand for the life of me committees of the House. zip, nada, being done with reference to recycling of mixed paper. how anyone can make this a partisan This is just too much. Congress is wasting issue. We are all united, Republicans, time and money on witch hunts when the busi- Why is that particularly important? Because since there is no recycling co- Democrats, and the Independent Mem- ness the people expect us to do is undone. ber of the Congress are all united in There is also a general disregard for the ordinator and no real recycling effort, this. What it requires is some leader- rights of the minority. most people, even if they have the best ship on the part of each Member to sit While some of the more egregious offenses of intent with regard to recycling, do down with their staff and say, as my I mentioned last yearÐlike denying Ranking not have correct information about colleagues know, this is mixed paper, Democrats the right to offer amendments to how to recycle in a way that will be ef- this is fine paper, and this is wet waste, their billsÐhave subsided, there are constant fective, and that is reflected in other and put labels on the trash cans and irritations, such as the uneven division of sus- facts. implement this. pensions between the parties. When the House did recycle, it earned And overall, there is a general lack of civility 30 cents per ton on the paper that it re- Mr. DOGGETT. Mr. Chairman, will and respect. cycled. Compare that with the Depart- the gentleman yield? ment of Housing and Urban Develop- Still, Mr. Speaker, Chairman WALSH has Mr. WALSH. I yield to the gentleman done a good job and this is a good bill. I will ment which earned $60 per ton because from Texas. it did it properly. From October 1996 to vote for it and I urge my colleagues to do the Mr. DOGGETT. I guess the reason same. September 1997 the House did not earn a penny because its recycling was done that it becomes an issue that relates to Mr. Chairman, I reserve the balance whether there is a commitment by the of my time. in such a poor, incomplete, and con- taminated way. Republican leadership to address this, Mr. WALSH. Mr. Chairman, I yield 1 is our inability to get a recycling coor- minute to the gentleman from Califor- Since the Republicans have been in charge of this House, the amount of dinator in place and our inability to nia (Mr. CUNNINGHAM) a member of the bottle recycling has gone down 83 per- even get a copy of the report. subcommittee. Mr. WALSH. Reclaiming my time, Mr. CUNNINGHAM. Mr. Chairman, I cent. The amount of can recycling has gone down 73 percent. If they just put Mr. Chairman, the gentleman takes would like to thank the gentleman the cans and the bottles out here on issue with the fact that there is not a from New York (Mr. WALSH) and I the sidewalk for the homeless to col- coordinator in place, and apparently would like to thank my good friend, lect, we could have done better than there is a labor dispute between that the gentleman from New York (Mr. has been done by the House leadership individual and the Office of Compli- SERRANO). I serve on another commit- with reference to this recycling pro- ance, and so it has been tied up. But tee, on the Committee on National Se- gram. the fact of the matter is the Archi- curity, and it is a pleasure because of Look at the number of trees around tect’s Office is responsible for this. the bipartisanship. Does not mean that this country that are cut down with we do not have disagreements from I have a letter here that I would the flow of paper through this building. enter into the RECORD, but basically it time to time, but the atmosphere, the We are talking about whole forests friendliness, the working, and their says it is addressed to me from Archi- that go down to generate the tons of tect Alan Hantman: willingness not to continue with the, paper that go through this building. As as my colleagues know, bigger govern- best I can estimate, just the Washing- I am writing with respect to the office ment and tax and spend, but to serve waste recycling program in the House. I ton Post alone delivers 15,000 pounds of want to reassure the committee of my per- by example to reduce the size to useful newsprint here every week. Most of it government; and the fact that good sonal commitment to the success of this is going right into the landfill instead worthy program. I want to thank you and government does not have to be an of being recycled in the way that so the committee for assuring that sufficient oxymoron. I would like to thank the many American families realize is best funds and other resources have been made gentleman from New York (Mr. for the future of this country. available to carry out the recycling program SERRANO) and I would like to thank the I believe there is some bipartisan in- over the past several years, gentleman from New York (Mr. WALSH) terest in this issue, as was voiced ear- et cetera, et cetera. for delivering on those kind of prom- lier, and I appreciate the willingness to The letter in its entirety is as fol- ises and making it a very desirable accept the amendment of the gen- lows: committee to serve on. tleman from California (Mr. FARR). But THE ARCHITECT OF THE CAPITOL, Mr. SERRANO. Mr. Chairman, I yield it is going to take far more than a few Washington, DC, June 24, 1998. 3 minutes to the gentleman from Texas dollars. It is going to require a signifi- Hon. JAMES T. WALSH, (Mr. DOGGETT). cant change in attitude by the leader- Chairman, Subcommittee on Legislative Branch Mr. DOGGETT. Mr. Chairman, I ap- ship of this House if we are going to re- Appropriations, Committee on Appropria- preciate very much the bipartisan spir- verse this very serious environmental tions, House of Representatives, Washing- it with which this piece of legislation problem here in the Congress. ton, DC. is brought to the floor, but I regret to This Congress ought to be leading the DEAR MR. CHAIRMAN: I am writing with re- inform the House, as I did during the way, it ought to be following the busi- spect to the office waste recycling program rule debate, that a bipartisan effort to nesses and the schoolchildren and the in the House office buildings. I want to reas- try to get some attention on the tons millions of families across this country sure the Committee of my personal commit- ment to the success of this worthy program. of paper and bottles and cans that go that recycle. Instead the performance Further, I want to thank you and the Com- through this building and to see that of this House represents a national dis- mittee for assuring that sufficient funds and they are addressed with the same grace on this issue, and it needs to be other resources have been made available to amount of environmental sensitivity corrected immediately. carry out the recycling program over the June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5341 past several years. It is clearly the respon- turning our unspent office funds to the such fiscal years shall be deposited in sibility of this office to assure that those re- American people? As taxpayers and the Treasury to be used for deficit re- sources are used expeditiously and continu- Members of Congress, we should do our duction.’’ ously to make certain the recycling program part to reduce the debt. Now, this is good strong language be- is a success. Please do not hesitate to contact me if you I thank the gentleman again, and I cause I think, regardless, it remains in have any questions on this matter. thank the gentleman from Indiana for the Treasury under this language. But Sincerely, his leadership and work on this impor- if in fact, Mr. Chairman, we have a sur- ALAN M. HANTMAN, AIA, tant provision. plus this year, which it appears we Architect of the Capitol. Mr. SERRANO. Mr. Chairman, I yield will, and there is not a deficit, we want Now we have accepted the gentleman 2 minutes to the gentleman from Indi- to make sure this money goes toward from California’s amendment (Mr. ana (Mr. ROEMER). debt reduction. FARR). We are about to accept it. And Mr. WALSH. Mr. Chairman, I yield 1 Is it the gentleman’s interpretation we will do that, but it is a friendly minute to the gentleman from Indiana and intention in conference to clarify amendment. Again, it is not a partisan (Mr. ROEMER). this language to include debt reduc- issue. We are working together to try The CHAIRMAN. The gentleman tion? to resolve these things, and the gen- from Indiana (Mr. ROEMER) is recog- Mr. WALSH. Mr. Chairman, will the tleman from Texas, I think, misstated nized for 3 minutes. gentleman yield? Mr. ROEMER. I yield to the gen- or misquoted the facts when he said b 1430 that we are not doing anything to recy- tleman from New York. cle waste. In fact, we generated 3,400 Mr. ROEMER. Mr. Speaker, I thank Mr. WALSH. The gentleman is cor- tons of office waste last year, and we my friend from New York for yielding rect. It is our understanding, regard- recycled almost 2,000 of those. Almost me this time. less of the situation presented by the 60 percent of the office waste was recy- Mr. Chairman, I rise on an historic economy or by the budget, a deficit or cled. Of the overall waste stream, we day when we will reform the IRS for surplus, and we have the happy con- are recycling at least 25 percent. That the first time in 46 years. We will fol- fluence of this amendment being is as good, if not better, than most low up on a capital gains tax cut for passed at the same time that we do communities in America. the American people, and for the first have a surplus, that that money stays So, as my colleagues know, we are time, in the underlying bill, we will in the Treasury. trying to do the best we can. We can do give Members of Congress a direct op- Mr. ROEMER. Mr. Chairman, re- better, but it is going to require that portunity to return money from their claiming my time, I thank the chair- we all work together in this, we should office accounts directly to deficit and/ man for that clarification and for that not make it a partisan issue. Let us or debt reduction. This is something dedication to helping continue in a bi- work together, and I think we can do a that I want to commend the gentleman partisan way, to save the taxpayer better job. from New York (Mr. WALSH) and the money. Mr. Chairman, I yield 2 minutes to gentleman from New York (Mr. Mr. WALSH. Mr. Chairman, if the the gentleman from Michigan (Mr. SERRANO) on. gentleman will yield further, I would CAMP). In previous years I offered this like to thank the gentleman from Indi- Mr. CAMP. Mr. Chairman, I thank amendment and Committee on Rules ana (Mr. ROEMER) and the gentleman the gentleman for yielding this time to would not allow it to be brought for- from Michigan (Mr. CAMP) for their me and for his leadership. ward. It was called the ‘‘Speaker’s persistence on this issue. I am happy to Mr. Chairman, I rise in support of slush fund’’ under Democrats and Re- include it in the bill. this bill and for its provision which publicans that this money went to. Fi- Mr. SERRANO. Mr. Chairman, I yield would require that Members’ unspent nally, and I give accolades to the Re- two minutes to the gentleman from Or- office funds go back to the Treasury to publican majority, we offered this as egon (Mr. BLUMENAUER). be used to reduce the national debt. an amendment on the House floor and Mr. BLUMENAUER. Mr. Chairman, I The fiscal year 1999 legislative we successfully attached it to the bill. thank my colleague for yielding me branch appropriations bill continues Three years ago, two years ago, last time. our assault on the national debt and year, and this year, for the first time, Mr. Chairman, I have been dis- reduces spending by 77 million over the very first time, it is included on appointed as a Member of this body to 1995 levels. This majority has achieved page 10. discover that, unlike most other Fed- in 3 years what has eluded the Congress So I am very happy to work with my eral agencies, unlike what we have for 3 decades, a balanced budget, and good friend, the gentleman from Michi- done for thousands of employees in pri- we must not rest. We must remain gan (Mr. CAMP). The gentleman from vate corporations around America, committed to maintaining a balanced Michigan (Mr. CAMP) and I have spon- that we are unable to extend a transit budget and continue working toward sored this legislation through the years benefit to our employees. It has been reducing the national debt. and, slowly but surely, convinced our Federal policy since the early 1990s This bill with a provision in it offered colleagues that this is a good thing. that we encourage this balanced ap- by the Representative from Indiana I have returned $915,000, close to $1 proach to transportation. It has been (Mr. ROEMER) and myself will ensure million, out of my office funds. I do not occurring in the Senate since 1992. that Members of Congress can dem- think that money should go toward I was pleased when I found that the onstrate their personal commitment to Capitol repair or an elevator floor Committee on Appropriations had a balanced budget. This provision re- made out of marble. I think that added the provisions of House Resolu- quires Members’ unspent office funds money should go to debt reduction. I tion 37 that would have extended this be used for debt reduction. think that money should go back to program that were amended into the This measure has been proposed for the U.S. Treasury. I do not think that bill. Evidently there may be some pro- the last 8 years. It was first adopted by money should be respent on something cedural problem or point of order that the new majority with a large biparti- here in Washington, D.C. is raised that would pull this item from san vote 3 years ago, and for the first So, with that, I would ask the distin- the bill. time ever has been included in the guished chairman, the gentleman from I would hope that it would be pos- chairman’s draft, and I thank the New York (Mr. WALSH), if he would en- sible for the House leadership to come chairman for his leadership on this gage in a very short colloquy. together to make sure that we ulti- issue. Mr. Chairman, as we have been dis- mately have provisions that have al- Requiring unspent office funds for cussing through the years, the lan- ready been supported by over 230 Mem- debt reduction allows us to dem- guage on page 10 reads that ‘‘Members’ bers of the House that have cospon- onstrate our personal commitment to a representational allowances shall be sored the legislation. I would hope that truly debt-free Nation by running our allowable only for fiscal year 1999. Any at a time when we are talking about offices in a efficient and frugal manner. amount remaining after all payments spending billions of dollars to try and What better example can we set in re- are made under such allowances for somehow resuscitate the Washington, H5342 CONGRESSIONAL RECORD — HOUSE June 25, 1998 D.C., area and to fight the congestion a similar increase that other Federal The CHAIRMAN. All time for general in the second-most congested area in employees will receive. It is our under- debate has expired. the United States, I would hope that standing there is a collective bargain- Pursuant to the rule, the bill is con- we would be able to adopt this simple ing process ongoing. If there is indeed a sidered read for amendment under the program that is already available to collective bargaining agreement, the 5-minute rule. most of the employees on the Hill, be- process is then that it would have to be The text of H.R. 4112 is as follows: cause it is good for the environment, reviewed by the Committee on House H.R. 4112 because it is good for reducing conges- Oversight, chaired by the gentleman tion, but, most important, because it Be it enacted by the Senate and House of Rep- from California (Mr. THOMAS), and, be- resentatives of the United States of America in extends an important benefit to some fore that, by the Police Board. Once Congress assembled, That the following sums of our lowest-paid employees who want those two hurdles are cleared, if these are appropriated, out of any money in the to do the right thing. three occurrences came within the pe- Treasury not otherwise appropriated, for the Mr. Chairman, I would hope that my riod from now and when we go to con- Legislative Branch for the fiscal year ending colleagues would join with me, in the ference, I believe we could deal with September 30, 1999, and for other purposes, event it is not part of this proposal, that issue when we got to the con- namely: that we could make sure that this is ference. TITLE I—CONGRESSIONAL OPERATIONS fixed before we adjourn for the year. Mr. SERRANO. Mr. Chairman, will HOUSE OF REPRESENTATIVES Mr. WALSH. Mr. Chairman, I yield the gentleman yield? PAYMENTS TO WIDOWS AND HEIRS OF two minutes to the distinguished gen- Mr. WALSH. I yield to the gentleman DECEASED MEMBERS OF CONGRESS tleman from Ohio (Mr. TRAFICANT) for from New York. For payment to Marcia S. Schiff, widow of the purpose of colloquy. Mr. SERRANO. Mr. Chairman, I just Steven H. Schiff, late a Representative from Mr. TRAFICANT. Mr. Chairman, wanted to reassure the gentleman, the State of New Mexico, $136,700. since I have come here, I have seen both the chairman and the ranking SALARIES AND EXPENSES what I believe to be a shortfall in the member and members of the commit- For salaries and expenses of the House of way we treat our Capitol Police, and I tee want to do everything possible to Representatives, $733,971,000, as follows: do not think there is any Member that make sure that we do take care of the does not support our Capitol Police. HOUSE LEADERSHIP OFFICES Capitol Police. That is our intent. We For salaries and expenses, as authorized by Number one, we never see any head- obviously recognize that there are con- lines, and that is the biggest com- law, $13,117,000, including: Office of the tractual obligations and proceedings Speaker, $1,686,000, including $25,000 for offi- pliment we can pay them, and they do that have to take place, but the gen- cial expenses of the Speaker; Office of the guard and secure our Nation’s treas- tleman can rest assured that it is our Majority Floor Leader, $1,652,000, including ures as well as our human resources. intent that they get the best and the $10,000 for official expenses of the Majority In that regard, Mr. Chairman, they fairest deal possible. Leader; Office of the Minority Floor Leader, are not paid at a commensurate level $1,675,000, including $10,000 for official ex- Mr. TRAFICANT. Mr. Chairman, if of other law enforcement entities in penses of the Minority Leader; Office of the the gentleman will yield, here is the our Federal Government, number one, Majority Whip, including the Chief Deputy only real issue that I see. Everybody and, number two, after the extreme Majority Whip, $1,043,000, including $5,000 for here will take care of them, and I think background checks and training and all official expenses of the Majority Whip; Office of the Minority Whip, including the Chief the money we put into them, they are the gentleman from California (Mr. THOMAS) has been a great friend to the Deputy Minority Whip, $1,020,000, including prime targets to be recruited by other $5,000 for official expenses of the Minority surrounding law enforcement agencies police as well, but our Capitol Police are compensated at a level lower than Whip; Speaker’s Office for Legislative Floor because they are, in fact, some of the Activities, $397,000; Republican Steering other Federal law enforcement entities world’s finest and the Nation’s finest. Committee, $738,000; Republican Conference, Mr. Chairman, I have sponsored legis- that we fund. $1,199,000; Democratic Steering and Policy lation to bring them up to par with Even though we are talking about Committee, $1,295,000; Democratic Caucus, some of these other law enforcement these particular elements of collective $642,000; nine minority employees, $1,190,000; entities, and that would have required bargaining now, we are bargaining over training and program development—major- a 7 percent increase in their compensa- the same type of pay raise that exists ity, $290,000; and training and program devel- opment—minority, $290,000. tion. I want to thank and compliment for all. The only point I am making is the gentleman from New York (Mr. there is a discrepancy in that they are, MEMBERS’ REPRESENTATIONAL ALLOWANCES WALSH) and the gentleman from New in my opinion, undercompensated, and INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL York (Mr. SERRANO) who did give and I believe that wrong should be righted. EXPENSES OF MEMBERS, AND OFFICIAL MAIL include a 3 percent raise. But that still So I would be willing to meet with For Members’ representational allowances, falls $5 million short of compensating any and all groups. I know that the including Members’ clerk hire, official ex- our police at a level commensurate gentleman from California (Mr. THOM- penses, and official mail, $385,279,000. with other similar types of enforce- AS) has been a fierce supporter of the COMMITTEE EMPLOYEES ment entities. Capitol Police, but I want some assur- STANDING COMMITTEES, SPECIAL AND SELECT I want to know under what condi- ances that we understand, that it is on For salaries and expenses of standing com- tions and if the two gentlemen would the record here, that I believe they are mittees, special and select, authorized by work with me to try and bring our Cap- underpaid, undercompensated for work House resolutions, $89,743,000: Provided, That itol Police up to that level which I similar to other Federal law enforce- such amount shall remain available for such think would ensure they would be re- ment agencies, and I think that is salaries and expenses until December 31, tained here after the tremendous in- wrong and should be corrected. 2000. vestment of training and background Mr. Chairman, with that, I want to COMMITTEE ON APPROPRIATIONS expenditures we make, and that would thank the gentleman from New York For salaries and expenses of the Commit- keep our morale up in that depart- (Chairman WALSH). tee on Appropriations, $19,373,000, including ment, as it should be. Mr. WALSH. Mr. Chairman, reclaim- studies and examinations of executive agen- Mr. WALSH. Mr. Chairman, I yield ing my time, I thank the gentleman for cies and temporary personal services for myself such time as I may consume to his comments. We will be happy to such committee, to be expended in accord- work with the gentleman if that series ance with section 202(b) of the Legislative respond to the gentleman from Ohio Reorganization Act of 1946 and to be avail- (Mr. TRAFICANT). of events occurs. able for reimbursement to agencies for serv- Mr. Chairman, I thank the gentleman Mr. SERRANO. Mr. Chairman, I have ices performed: Provided, That such amount for his comments and concern. Obvi- no further requests for time, and I shall remain available for such salaries and ously the gentleman speaks for most yield back the balance of my time. expenses until December 31, 2000. Members in his affection and support of Mr. WALSH. Mr. Chairman, I again SALARIES, OFFICERS AND EMPLOYEES the Capitol Hill Police. They do a mar- would ask for support for this bill in a For compensation and expenses of officers velous job here. bipartisan manner. and employees, as authorized by law, We in our deliberations have provided Mr. Chairman, I yield back the bal- $89,991,000, including: for salaries and ex- the Capitol Hill Police with funding for ance of my time. penses of the Office of the Clerk, including June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5343

not more than $3,500, of which not more than SEC. 103. (a) There is hereby established an pursuant to section 7905 of title 5, United $2,500 is for the Family Room, for official account in the House of Representatives for States Code. representation and reception expenses, purposes of carrying out training and pro- (b) The Committee on House Oversight $15,365,000; for salaries and expenses of the gram development activities of the Repub- shall issue regulations pertaining to the par- Office of the Sergeant at Arms, including the lican Conference and the Democratic Steer- ticipation of the House of Representatives in position of Superintendent of Garages, and ing and Policy Committee. State and local government transit programs including not more than $750 for official rep- (b) Subject to the allocation described in through, and at the discretion of, its Mem- resentation and reception expenses, subsection (c), funds in the account estab- bers, committees, officers, and officials. $3,501,000; for salaries and expenses of the Of- lished under subsection (a) shall be paid— SEC. 109. Any amount appropriated in this fice of the Chief Administrative Officer, (1) for activities of the Republican Con- Act for ‘‘HOUSE OF REPRESENTATIVES— $57,211,000, including $24,282,000 for salaries, ference in such amounts, at such times, and SALARIES AND EXPENSES—MEMBERS’ REP- expenses and temporary personal services of under such terms and conditions as the RESENTATIONAL ALLOWANCES’’ shall be avail- House Information Resources, of which Speaker of the House of Representatives may able only for fiscal year 1999. Any amount re- $23,074,000 is provided herein: Provided, That direct; and maining after all payments are made under of the amount provided for House Informa- (2) for activities of the Democratic Steer- such allowances for such fiscal year shall be tion Resources, $7,130,000 shall be for net ex- ing and Policy Committee in such amounts, deposited in the Treasury, to be used for def- penses of telecommunications: Provided fur- at such times, and under such terms and con- icit reduction. ther, That House Information Resources is ditions as the Minority Leader of the House JOINT ITEMS of Representatives may direct. authorized to receive reimbursement from For Joint Committees, as follows: Members of the House of Representatives (c) Of the total amount in the account es- and other governmental entities for services tablished under subsection (a)— JOINT ECONOMIC COMMITTEE provided and such reimbursement shall be (1) 50 percent shall be allocated to the For salaries and expenses of the Joint Eco- deposited in the Treasury for credit to this Speaker for payments for activities of the nomic Committee, $2,796,000, to be disbursed account; for salaries and expenses of the Of- Republican Conference; and by the Secretary of the Senate. fice of the Inspector General, $3,953,000; for (2) 50 percent shall be allocated to the Mi- JOINT COMMITTEE ON PRINTING nority Leader for payments for activities of salaries and expenses of the Office of General For salaries and expenses of the Joint the Democratic Steering and Policy Com- Counsel, $840,000; for the Office of the Chap- Committee on Printing, $202,000, together lain, $133,000; for salaries and expenses of the mittee. (d) There are authorized to be appropriated with an additional amount of $150,000 if there Office of the Parliamentarian, including the is enacted into law legislation which trans- Parliamentarian and $2,000 for preparing the to the account under this section for fiscal year 1999 and each succeeding fiscal year fers the legislative and oversight responsibil- Digest of Rules, $1,106,000; for salaries and ities of the Joint Committee on Printing to expenses of the Office of the Law Revision such sums as may be necessary for training and program development activities of the the Committee on House Oversight of the Counsel of the House, $1,912,000; for salaries House of Representatives: Provided, That and expenses of the Office of the Legislative Republican Conference and the Democratic Steering and Policy Committee during the such additional amount shall be transferred Counsel of the House, $4,980,000; for salaries to the Committee on House Oversight of the and expenses of the Corrections Calendar Of- fiscal year. SEC. 104. (a) Section 311(e)(2) of the Legisla- House of Representatives and made available fice, $799,000; and for other authorized em- beginning January 1, 1999. ployees, $191,000. tive Branch Appropriations Act, 1991 (2 U.S.C. 59(e)(2)) is amended— JOINT COMMITTEE ON TAXATION ALLOWANCES AND EXPENSES (1) by adding ‘‘and’’ at the end of subpara- For salaries and expenses of the Joint For allowances and expenses as authorized graph (B); Committee on Taxation, $6,018,000, to be dis- by House resolution or law, $136,468,000, in- (2) in subparagraph (C), by striking ‘‘; and’’ bursed by the Chief Administrative Officer of cluding: supplies, materials, administrative and inserting a period; and the House. costs and Federal tort claims, $2,575,000; offi- (3) by striking subparagraph (D). For other joint items, as follows: cial mail for committees, leadership offices, (b) Section 311(e) of such Act (2 U.S.C. OFFICE OF THE ATTENDING PHYSICIAN and administrative offices of the House, 59e(e)) is amended by striking paragraph (4). $410,000; Government contributions for SEC. 105. Notwithstanding any other provi- For medical supplies, equipment, and con- health, retirement, Social Security, and sion of law or any other rule or regulation, tingent expenses of the emergency rooms, other applicable employee benefits, any information on payments made by the and for the Attending Physician and his as- $132,832,000; and miscellaneous items includ- Committee on Standards of Official Conduct sistants, including: (1) an allowance of $1,500 ing purchase, exchange, maintenance, repair of the House of Representatives to an indi- per month to the Attending Physician; (2) an and operation of House motor vehicles, inter- vidual for attendance as a witness before the allowance of $500 per month each to two parliamentary receptions, and gratuities to Committee in executive session during a medical officers while on duty in the Office heirs of deceased employees of the House, Congress shall be reported not later than the of the Attending Physician; (3) an allowance $651,000. second semiannual report filed under section of $500 per month to one assistant and $400 CHILD CARE CENTER 106 of the House of Representatives Adminis- per month each to not to exceed nine assist- ants on the basis heretofore provided for For salaries and expenses of the House of trative Reform Technical Corrections Act (2 such assistants; and (4) $893,000 for reim- Representatives Child Care Center, such U.S.C. 104b) in the following Congress. bursement to the Department of the Navy amounts as are deposited in the account es- SEC. 106. (a) Notwithstanding any other for expenses incurred for staff and equipment tablished by section 312(d)(1) of the Legisla- provision of law, the Committee on House assigned to the Office of the Attending Phy- tive Branch Appropriations Act, 1992 (40 Oversight may prescribe by regulation ap- sician, which shall be advanced and credited U.S.C. 184g(d)(1)), subject to the level speci- propriate conditions for the incidental use, to the applicable appropriation or appropria- fied in the budget of the Center, as submit- for other than official business, of equipment tions from which such salaries, allowances, ted to the Committee on Appropriations of and supplies owned or leased by, or the cost and other expenses are payable and shall be the House of Representatives. of which is reimbursed by, the House of Rep- resentatives. available for all the purposes thereof, ADMINISTRATIVE PROVISIONS (b) The authority of the Committee on $1,383,000, to be disbursed by the Chief Ad- SEC. 101. (a) Section 2(a) of House Resolu- House Oversight to prescribe regulations ministrative Officer of the House. tion 611, Ninety-seventh Congress, agreed to pursuant to subsection (a) shall apply with CAPITOL POLICE BOARD November 30, 1982, as enacted into perma- respect to fiscal year 1999 and each succeed- CAPITOL POLICE nent law by section 127 of Public Law 97–377 ing fiscal year. SALARIES (2 U.S.C. 88b–3), is amended— SEC. 107. (a) The Speaker, Majority Leader, (1) by adding ‘‘and’’ at the end of paragraph and Minority Leader of the House of Rep- For the Capitol Police Board for salaries of (1); resentatives are each authorized to appoint officers, members, and employees of the Cap- (2) by striking ‘‘; and’’ at the end of para- and fix the compensation of 1 consultant, on itol Police, including overtime, hazardous graph (2) and inserting a period; and a temporary or intermittent basis, at a daily duty pay differential, clothing allowance of (3) by striking paragraph (3). rate of compensation not in excess of the per not more than $600 each for members re- (b) The amendment made by subsection (a) diem equivalent of the highest gross rate of quired to wear civilian attire, and Govern- shall apply with respect to the One Hundred annual compensation which may be paid to ment contributions for health, retirement, Sixth Congress and each succeeding Con- employees of a standing committee of the Social Security, and other applicable em- gress. House. ployee benefits, $72,615,000, of which SEC. 102. Subsection (b) of the first section (b) This section shall apply with respect to $35,022,000 is provided to the Sergeant at of House Resolution 1047, Ninety-fifth Con- fiscal year 1999 and each succeeding fiscal Arms of the House of Representatives, to be gress, agreed to April 4, 1978, as enacted into year. disbursed by the Chief Administrative Offi- permanent law by section 111 of the Legisla- SEC. 108. (a) The House of Representatives cer of the House, and $37,593,000 is provided tive Branch Appropriations Act, 1979 (2 shall participate in State and local govern- to the Sergeant at Arms and Doorkeeper of U.S.C. 130–1(b)), is amended by striking ment transit programs to encourage employ- the Senate, to be disbursed by the Secretary ‘‘$55,000’’ and inserting ‘‘$80,000’’. ees of the House to use public transportation of the Senate: Provided, That, of the amounts H5344 CONGRESSIONAL RECORD — HOUSE June 25, 1998 appropriated under this heading, such OFFICE OF COMPLIANCE LIBRARY OF CONGRESS amounts as may be necessary may be trans- SALARIES AND EXPENSES CONGRESSIONAL RESEARCH SERVICE ferred between the Sergeant at Arms of the For salaries and expenses of the Office of House of Representatives and the Sergeant Compliance, as authorized by section 305 of SALARIES AND EXPENSES at Arms and Doorkeeper of the Senate, upon the Congressional Accountability Act of 1995 For necessary expenses to carry out the approval of the Committee on Appropria- (2 U.S.C. 1385), $2,086,000. provisions of section 203 of the Legislative tions of the House of Representatives and CONGRESSIONAL BUDGET OFFICE Reorganization Act of 1946 (2 U.S.C. 166) and the Committee on Appropriations of the Sen- SALARIES AND EXPENSES to revise and extend the Annotated Constitu- ate. tion of the United States of America, For salaries and expenses necessary to $66,688,000: Provided, That no part of such GENERAL EXPENSES carry out the provisions of the Congressional amount may be used to pay any salary or ex- For the Capitol Police Board for necessary Budget Act of 1974 (Public Law 93–344), in- cluding not more than $2,500 to be expended pense in connection with any publication, or expenses of the Capitol Police, including preparation of material therefor (except the motor vehicles, communications and other on the certification of the Director of the Congressional Budget Office in connection Digest of Public General Bills), to be issued equipment, security equipment and installa- by the Library of Congress unless such publi- tion, uniforms, weapons, supplies, materials, with official representation and reception expenses, $25,671,000: Provided, That no part cation has obtained prior approval of either training, medical services, forensic services, the Committee on House Oversight of the stenographic services, personal and profes- of such amount may be used for the purchase or hire of a passenger motor vehicle. House of Representatives or the Committee sional services, the employee assistance pro- on Rules and Administration of the Senate: ARCHITECT OF THE CAPITOL gram, not more than $2,000 for the awards Provided further, That, notwithstanding any program, postage, telephone service, travel CAPITOL BUILDINGS AND GROUNDS other provision of law, the compensation of advances, relocation of instructor and liai- CAPITOL BUILDINGS the Director of the Congressional Research son personnel for the Federal Law Enforce- SALARIES AND EXPENSES Service, Library of Congress, shall be at an ment Training Center, and $85 per month for For salaries for the Architect of the Cap- annual rate which is equal to the annual rate extra services performed for the Capitol Po- itol, the Assistant Architect of the Capitol, of basic pay for positions at level IV of the lice Board by an employee of the Sergeant at and other personal services, at rates of pay Executive Schedule under section 5315 of Arms of the Senate or the House of Rep- provided by law; for surveys and studies in title 5, United States Code. resentatives designated by the Chairman of connection with activities under the care of the Board, $3,766,000, to be disbursed by the GOVERNMENT PRINTING OFFICE the Architect of the Capitol; for all nec- Chief Administrative Officer of the House of essary expenses for the maintenance, care CONGRESSIONAL PRINTING AND BINDING Representatives: Provided, That, notwith- and operation of the Capitol and electrical standing any other provision of law, the cost For authorized printing and binding for the substations of the Senate and House office of basic training for the Capitol Police at the Congress and the distribution of Congres- buildings under the jurisdiction of the Archi- Federal Law Enforcement Training Center sional information in any format; printing tect of the Capitol, including furnishings and for fiscal year 1999 shall be paid by the Sec- and binding for the Architect of the Capitol; office equipment, including not more than retary of the Treasury from funds available expenses necessary for preparing the semi- $1,000 for official reception and representa- to the Department of the Treasury. monthly and session index to the Congres- tion expenses, to be expended as the Archi- sional Record, as authorized by law (44 ADMINISTRATIVE PROVISION tect of the Capitol may approve; for purchase U.S.C. 902); printing and binding of Govern- SEC. 110. Amounts appropriated for fiscal or exchange, maintenance and operation of a ment publications authorized by law to be year 1999 for the Capitol Police Board for the passenger motor vehicle; and not to exceed distributed to Members of Congress; and Capitol Police may be transferred between $20,000 for attendance, when specifically au- printing, binding, and distribution of Gov- the headings ‘‘SALARIES’’ and ‘‘GENERAL EX- thorized by the Architect of the Capitol, at ernment publications authorized by law to PENSES’’ upon the approval of— meetings or conventions in connection with be distributed without charge to the recipi- (1) the Committee on Appropriations of the subjects related to work under the Architect ent, $74,465,000: Provided, That this appro- House of Representatives, in the case of of the Capitol, $40,347,000, of which $6,425,000 priation shall not be available for paper cop- amounts transferred from the appropriation shall remain available until expended. ies of the permanent edition of the Congres- provided to the Sergeant at Arms of the CAPITOL GROUNDS sional Record for individual Representatives, House of Representatives under the heading For all necessary expenses for care and im- Resident Commissioners or Delegates au- ‘‘SALARIES’’; provement of grounds surrounding the Cap- thorized under 44 U.S.C. 906: Provided further, (2) the Committee on Appropriations of the itol, the Senate and House office buildings, That this appropriation shall be available for Senate, in the case of amounts transferred and the Capitol Power Plant, $5,803,000, of the payment of obligations incurred under from the appropriation provided to the Ser- which $325,000 shall remain available until the appropriations for similar purposes for geant at Arms and Doorkeeper of the Senate expended. preceding fiscal years. under the heading ‘‘SALARIES’’; and HOUSE OFFICE BUILDINGS ADMINISTRATIVE PROVISION (3) the Committees on Appropriations of For all necessary expenses for the mainte- SEC. 111. (a) The Legislative Branch Appro- the Senate and the House of Representatives, nance, care and operation of the House office in the case of other transfers. priations Act, 1998 (Public Law 105–55; 111 buildings, $42,139,000, of which $11,449,000 Stat. 1191) is amended in the item relating to CAPITOL GUIDE SERVICE AND SPECIAL shall remain available until expended. ‘‘CONGRESSIONAL PRINTING AND BINDING’’ SERVICES OFFICE CAPITOL POWER PLANT under the heading ‘‘GOVERNMENT PRINT- For salaries and expenses of the Capitol For all necessary expenses for the mainte- ING OFFICE’’ by striking ‘‘$81,669,000’’ and Guide Service and Special Services Office, nance, care and operation of the Capitol all that follows through ‘‘Provided,’’ and in- $2,110,000, to be disbursed by the Secretary of Power Plant; lighting, heating, power (in- serting the following: ‘‘$70,652,000: Provided, the Senate: Provided, That no part of such cluding the purchase of electrical energy) That an additional amount of not more than amount may be used to employ more than and water and sewer services for the Capitol, $11,017,000 may be derived by transfer from forty individuals: Provided further, That the Senate and House office buildings, Library of the Government Printing Office revolving Capitol Guide Board is authorized, during Congress buildings, and the grounds about fund under section 309 of title 44, United emergencies, to employ not more than two the same, Botanic Garden, Senate garage, States Code: Provided further,’’. additional individuals for not more than one and air conditioning refrigeration not sup- (b) The amendment made by subsection (a) hundred twenty days each, and not more plied from plants in any of such buildings; shall take effect as if included in the enact- than ten additional individuals for not more heating the Government Printing Office and ment of the Legislative Branch Appropria- than six months each, for the Capitol Guide Washington City Post Office, and heating tions Act, 1998. Service. and chilled water for air conditioning for the This title may be cited as the ‘‘Congres- Supreme Court Building, the Union Station sional Operations Appropriations Act, 1999’’. STATEMENTS OF APPROPRIATIONS complex, the Thurgood Marshall Federal Ju- For the preparation, under the direction of diciary Building and the Folger Shakespeare TITLE II—OTHER AGENCIES the Committees on Appropriations of the Library, expenses for which shall be ad- BOTANIC GARDEN Senate and the House of Representatives, of vanced or reimbursed upon request of the Ar- the statements for the second session of the chitect of the Capitol and amounts so re- SALARIES AND EXPENSES One Hundred Fifth Congress, showing appro- ceived shall be deposited into the Treasury For all necessary expenses for the mainte- priations made, indefinite appropriations, to the credit of this appropriation, nance, care and operation of the Botanic and contracts authorized, together with a $37,145,000, of which $100,000 shall remain Garden and the nurseries, buildings, grounds, chronological history of the regular appro- available until expended: Provided, That not and collections; and purchase and exchange, priations bills as required by law, $30,000, to more than $4,000,000 of the funds credited or maintenance, repair, and operation of a pas- be paid to the persons designated by the to be reimbursed to this appropriation as senger motor vehicle; all under the direction chairmen of such committees to supervise herein provided shall be available for obliga- of the Joint Committee on the Library, the work. tion during fiscal year 1999. $3,032,000. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5345

LIBRARY OF CONGRESS BOOKS FOR THE BLIND AND PHYSICALLY it any such funds to the Library of Congress HANDICAPPED appropriations, up to the extent authorized SALARIES AND EXPENSES SALARIES AND EXPENSES in appropriations Acts, for the development and maintenance of the database. For necessary expenses of the Library of For salaries and expenses to carry out the Congress not otherwise provided for, includ- Act of March 3, 1931 (chapter 400; 46 Stat. ARCHITECT OF THE CAPITOL ing development and maintenance of the 1487; 2 U.S.C. 135a), $46,824,000, of which CONGRESSIONAL CEMETERY Union Catalogs; custody and custodial care $13,744,000 shall remain available until ex- For a grant for the perpetual care and of the Library buildings; special clothing; pended. maintenance of the historic Congressional cleaning, laundering and repair of uniforms; FURNITURE AND FURNISHINGS Cemetery, $1,000,000, to remain available preservation of motion pictures in the cus- until expended. For necessary expenses for the purchase, tody of the Library; operation and mainte- LIBRARY BUILDINGS AND GROUNDS installation, maintenance, and repair of fur- nance of the American Folklife Center in the STRUCTURAL AND MECHANICAL CARE Library; preparation and distribution of niture, furnishings, office and library equip- ment, $4,178,000. For all necessary expenses for the mechan- catalog records and other publications of the ical and structural maintenance, care and ADMINISTRATIVE PROVISIONS Library; hire or purchase of one passenger operation of the Library buildings and motor vehicle; and expenses of the Library of SEC. 201. Appropriations in this Act avail- grounds, $11,933,000, of which $910,000 shall re- Congress Trust Fund Board not properly able to the Library of Congress shall be main available until expended. chargeable to the income of any trust fund available, in an amount of not more than ADMINISTRATIVE PROVISIONS held by the Board, $234,822,000, of which not $194,290, of which $58,100 is for the Congres- more than $6,500,000 shall be derived from sional Research Service, when specifically SEC. 208. (a) GRANT FOR CARE AND MAINTE- collections credited to this appropriation authorized by the Librarian, for attendance NANCE OF CONGRESSIONAL CEMETERY.—In order to assist in the perpetual care and during fiscal year 1999, and shall remain at meetings concerned with the function or maintenance of the historic Congressional available until expended, under the Act of activity for which the appropriation is made. Cemetery, the Architect of the Capitol shall June 28, 1902 (chapter 1301; 32 Stat. 480; 2 SEC. 202. (a) No part of the funds appro- make a grant to the National Trust for His- U.S.C. 150) and not more than $350,000 shall priated in this Act shall be used by the Li- toric Preservation (hereafter in this section be derived from collections during fiscal year brary of Congress to administer any flexible referred to as the ‘‘National Trust’’) in ac- 1999 and shall remain available until ex- or compressed work schedule which— cordance with an agreement entered into by pended for the development and maintenance (1) applies to any manager or supervisor in the Architect of the Capitol with the Na- of an international legal information data- a position the grade or level of which is tional Trust and the Association for the base and activities related thereto: Provided, equal to or higher than GS–15; and Preservation of Historic Congressional Cem- That the Library of Congress may not obli- (2) grants such manager or supervisor the etery (hereafter in this section referred to as gate or expend any funds derived from col- right to not be at work for all or a portion the ‘‘Association’’) which contains the terms lections under the Act of June 28, 1902, in ex- of a workday because of time worked by the and conditions described in subsection (b) cess of the amount authorized for obligation manager or supervisor on another workday. and such other provisions as the Architect or expenditure in appropriations Acts: Pro- (b) For purposes of this section, the term may deem necessary or desirable for the im- vided further, That the total amount avail- ‘‘manager or supervisor’’ means any manage- plementation of this section or for the pro- able for obligation shall be reduced by the ment official or supervisor, as such terms are tection of the interests of the Federal gov- amount by which collections are less than defined in section 7103(a) (10) and (11) of title ernment. the $6,850,000: Provided further, That of the 5, United States Code. (b) TERMS AND CONDITIONS OF AGREE- total amount appropriated, $9,869,000 is to re- SEC. 203. Appropriated funds received by MENT.—The terms and conditions described main available until expended for acquisi- the Library of Congress from other Federal in this subsection are as follows: tion of books, periodicals, newspapers, and agencies to cover general and administrative (1) Upon receipt of the amounts provided all other materials including subscriptions overhead costs generated by performing re- under the grant made under subsection (a), for bibliographic services for the Library, in- imbursable work for other agencies under the National Trust shall deposit the amounts cluding $40,000 to be available solely for the the authority of 31 U.S.C. 1535 and 1536 shall in a permanently restricted account in its purchase, when specifically approved by the not be used to employ more than 65 employ- endowment and shall administer, invest, and Librarian, of special and unique materials ees and may be expended or obligated— manage such grant funds in the same man- for additions to the collections: Provided fur- (1) in the case of a reimbursement, only to ner as other National Trust endowment ther, That of the total amount appropriated, such extent or in such amounts as are pro- funds. $3,544,000 is to remain available until ex- vided in appropriations Acts; or (2) The National Trust shall make distribu- pended for the acquisition and partial sup- (2) in the case of an advance payment, tions to the Association from the amounts port for implementation of an integrated li- only— deposited in the endowment pursuant to brary system (ILS). (A) to pay for such general or administra- paragraph (1), in accordance with its regu- tive overhead costs as are attributable to the larly established spending rate, for the care COPYRIGHT OFFICE work performed for such agency; or and maintenance of the Cemetery (other SALARIES AND EXPENSES (B) to such extent or in such amounts as than the cost of personnel), except that the are provided in appropriations Acts, with re- National Trust may only make such dis- For necessary expenses of the Copyright spect to any purpose not allowable under tributions incrementally and proportion- Office, $33,897,000, of which not more than subparagraph (A). ately upon receipt by the National Trust of $16,000,000, to remain available until ex- SEC. 204. Of the amounts appropriated to contributions from the Association which in- pended, shall be derived from collections the Library of Congress in this Act, not more crementally match the amounts provided credited to this appropriation during fiscal than $5,000 may be expended, on the certifi- under the grant made under subsection (a) year 1999 under 17 U.S.C. 708(d): Provided, cation of the Librarian of Congress, in con- and which are to be added to the perma- That the Copyright Office may not obligate nection with official representation and re- nently restricted account described in para- or expend any funds derived from collections ception expenses for the incentive awards graph (1). under 17 U.S.C. 708(d), in excess of the program. (3) The Association shall use such distribu- amount authorized for obligation or expendi- SEC. 205. Of the amount appropriated to the tions from the endowment and the match for ture in appropriations Acts: Provided further, Library of Congress in this Act, not more the care and maintenance of Congressional That not more than $5,170,000 shall be de- than $12,000 may be expended, on the certifi- Cemetery, except that the Association may rived from collections during fiscal year 1999 cation of the Librarian of Congress, in con- not use such distributions for nonroutine under 17 U.S.C. 111(d)(2), 119(b)(2), 802(h), and nection with official representation and re- restoration or capital projects. 1005: Provided further, That the total amount ception expenses for the Overseas Field Of- (4) The Association, or any successor available for obligation shall be reduced by fices. thereto, shall maintain adequate records and the amount by which collections are less SEC. 206. (a) For fiscal year 1999, the accounts of all financial transactions and op- than $21,170,000: Provided further, That not obligational authority of the Library of Con- erations carried out with such distributions, more than $100,000 of the amount appro- gress for the activities described in sub- and such records shall be available at all priated is available for the maintenance of section (b) may not exceed $99,765,100. times for audit and investigation by the Ar- an ‘‘International Copyright Institute’’ in (b) The activities referred to in subsection chitect of the Capitol and the Comptroller the Copyright Office of the Library of Con- (a) are reimbursable and revolving fund ac- General. gress for the purpose of training nationals of tivities that are funded from sources other (c) NO TITLE IN UNITED STATES.—Nothing developing countries in intellectual property than appropriations to the Library in appro- in this section shall be construed to vest laws and policies: Provided further, That not priations Acts for the legislative branch. title to the Congressional Cemetery in the more than $2,250 may be expended, on the SEC. 207. Effective October 1, 1998, the Li- United States. certification of the Librarian of Congress, in brary of Congress is authorized to receive SEC. 209. (a) For fiscal year 1999, the connection with official representation and funds from participants in and sponsors of an amount available for expenditure by the Ar- reception expenses for activities of the Inter- international legal information database led chitect of the Capitol from the fund estab- national Copyright Institute. by the Law Library of Congress, and to cred- lished under section 4 of the Act entitled H5346 CONGRESSIONAL RECORD — HOUSE June 25, 1998 ‘‘An Act to authorize acquisition of certain for attendance at meetings shall not exceed lished by such Act, the rate of compensation real property for the Library of Congress, $75,000. and the designation in this Act shall be the and for other purposes’’, approved December GENERAL ACCOUNTING OFFICE permanent law with respect thereto: Pro- 15, 1997 (Public Law 105–144; 111 Stat. 2688), vided, That the provisions in this Act for the SALARIES AND EXPENSES may not exceed $2,500,000. various items of official expenses of Mem- (b) The portion of the appropriated funds For necessary expenses of the General Ac- bers, officers, and committees of the Senate made available to the Architect of the Cap- counting Office, including not more than and House of Representatives, and clerk hire itol for fiscal year 1999 which the Architect $7,000 to be expended on the certification of for Senators and Members of the House of may expend for improvements to the Na- the Comptroller General of the United States Representatives shall be the permanent law tional Audio Visual Conservation Center in in connection with official representation with respect thereto. Culpeper, Virginia (not including any funds and reception expenses; temporary or inter- SEC. 304. The expenditure of any appropria- made available from the fund described in mittent services under section 3109(b) of title tion under this Act for any consulting serv- subsection (a)) may not exceed an amount 5, United States Code, but at rates for indi- ice through procurement contract, pursuant equal to one third of the amount of funds ap- viduals not more than the daily equivalent to 5 U.S.C. 3109, shall be limited to those propriated from the fund described in sub- of the annual rate of basic pay for level IV of contracts where such expenditures are a section (a) for the fiscal year, except that the Executive Schedule under section 5315 of matter of public record and available for the Architect may expend a greater amount such title; hire of one passenger motor vehi- public inspection, except where otherwise for such purposes with the approval of the cle; advance payments in foreign countries provided under existing law, or under exist- Committees on Appropriations of the House in accordance with 31 U.S.C. 3324; benefits ing Executive order issued pursuant to exist- of Representatives and the Senate. comparable to those payable under sections ing law. GOVERNMENT PRINTING OFFICE 901(5), 901(6) and 901(8) of the Foreign Service SEC. 305. (a) It is the sense of the Congress Act of 1980 (22 U.S.C. 4081(5), 4081(6) and that, to the greatest extent practicable, all OFFICE OF SUPERINTENDENT OF DOCUMENTS 4081(8)); and under regulations prescribed by equipment and products purchased with SALARIES AND EXPENSES the Comptroller General of the United funds made available in this Act should be For expenses of the Office of Superintend- States, rental of living quarters in foreign American-made. ent of Documents necessary to provide for countries; $354,238,000: Provided, That not- (b) In providing financial assistance to, or the cataloging and indexing of Government withstanding 31 U.S.C. 9105 hereafter entering into any contract with, any entity publications and their distribution to the amounts reimbursed to the Comptroller Gen- using funds made available in this Act, the public, Members of Congress, other Govern- eral pursuant to that section shall be depos- head of each Federal agency, to the greatest ment agencies, and designated depository ited to the appropriation of the General Ac- extent practicable, shall provide to such en- and international exchange libraries as au- counting Office then available and remain tity a notice describing the statement made thorized by law, $29,264,000: Provided, That available until expended, and not more than in subsection (a) by the Congress. travel expenses, including travel expenses of $2,000,000 of such funds shall be available for (c) If it has been finally determined by a the Depository Library Council to the Public use in fiscal year 1999: Provided further, That court or Federal agency that any person in- Printer, shall not exceed $150,000: Provided this appropriation and appropriations for ad- tentionally affixed a label bearing a ‘‘Made further, That amounts of not more than ministrative expenses of any other depart- in America’’ inscription, or any inscription $2,000,000 from current year appropriations ment or agency which is a member of the with the same meaning, to any product sold are authorized for producing and disseminat- Joint Financial Management Improvement in or shipped to the United States that is not ing Congressional serial sets and other relat- Program (JFMIP) shall be available to fi- made in the United States, such person shall ed publications for 1997 and 1998 to deposi- nance an appropriate share of JFMIP costs be ineligible to receive any contract or sub- tory and other designated libraries. as determined by the JFMIP, including the contract made with funds provided pursuant to this Act, pursuant to the debarment, sus- GOVERNMENT PRINTING OFFICE REVOLVING salary of the Executive Director and sec- pension, and ineligibility procedures de- FUND retarial support: Provided further, That this appropriation and appropriations for admin- scribed in section 9.400 through 9.409 of title The Government Printing Office is hereby istrative expenses of any other department 48, Code of Federal Regulations. authorized to make such expenditures, with- or agency which is a member of the National SEC. 306. Such sums as may be necessary in the limits of funds available and in accord Intergovernmental Audit Forum or a Re- are appropriated to the account described in with the law, and to make such contracts gional Intergovernmental Audit Forum shall subsection (a) of section 415 of Public Law and commitments without regard to fiscal be available to finance an appropriate share 104–1 to pay awards and settlements as au- year limitations as provided by section 9104 of either Forum’s costs as determined by the thorized under such subsection. of title 31, United States Code, as may be respective Forum, including necessary travel SEC. 307. Amounts available for adminis- necessary in carrying out the programs and expenses of non-Federal participants. Pay- trative expenses of any legislative branch purposes set forth in the budget for the cur- ments hereunder to either Forum or to the entity which participates in the Legislative rent fiscal year for the Government Printing JFMIP may be credited as reimbursements Branch Financial Managers Council Office revolving fund: Provided, That not to any appropriation from which costs in- (LBFMC) established by charter on March 26, more than $2,500 may be expended on the cer- volved are initially financed: Provided fur- 1996, shall be available to finance an appro- tification of the Public Printer in connection ther, That this appropriation and appropria- priate share of LBFMC costs as determined with official representation and reception tions for administrative expenses of any by the LBFMC, except that the total LBFMC expenses: Provided further, That the revolv- other department or agency which is a mem- costs to be shared among all participating ing fund shall be available for the hire or ber of the American Consortium on Inter- legislative branch entities (in such alloca- purchase of not more than twelve passenger national Public Administration (ACIPA) tions among the entities as the entities may motor vehicles: Provided further, That ex- shall be available to finance an appropriate determine) may not exceed $1,500. penditures in connection with travel ex- SEC. 308. Notwithstanding any other provi- share of ACIPA costs as determined by the penses of the advisory councils to the Public sion of law, hereafter the Architect of the ACIPA, including any expenses attributable Printer shall be deemed necessary to carry Capitol is authorized to enter into energy to membership of ACIPA in the Inter- out the provisions of title 44, United States savings performance contracts for energy national Institute of Administrative Code: Provided further, That the revolving savings projects in the Capitol Complex Sciences. fund shall be available for temporary or under the following conditions: intermittent services under section 3109(b) of TITLE III—GENERAL PROVISIONS (1) the Architect of the Capitol shall obtain title 5, United States Code, but at rates for SEC. 301. No part of the funds appropriated the approval of the Appropriations Commit- individuals not more than the daily equiva- in this Act shall be used for the maintenance tees of the House and Senate prior to enter- lent of the annual rate of basic pay for level or care of private vehicles, except for emer- ing into such contracts; V of the Executive Schedule under section gency assistance and cleaning as may be pro- (2) contracts shall conform to the require- 5316 of such title: Provided further, That the vided under regulations relating to parking ments of 42 U.S.C. 8287(a); revolving fund and the funds provided under facilities for the House of Representatives (3) the Architect of the Capitol shall com- the headings ‘‘OFFICE OF SUPERINTENDENT OF issued by the Committee on House Oversight pete such contracts to the extent practicable DOCUMENTS’’ and ‘‘SALARIES AND EXPENSES’’ and for the Senate issued by the Committee among energy service contractors meeting together may not be available for the full- on Rules and Administration. the standards for qualification developed by time equivalent employment of more than SEC. 302. No part of the funds appropriated the Secretary of Energy under 42 U.S.C. 3,416 workyears: Provided further, That ac- in this Act shall remain available for obliga- 8287(b); tivities financed through the revolving fund tion beyond fiscal year 1999 unless expressly (4) services offered by the Department of may provide information in any format: Pro- so provided in this Act. Energy in connection with energy savings vided further, That the revolving fund shall SEC. 303. Whenever in this Act any office or performance contracts shall be made avail- not be used to administer any flexible or position not specifically established by the able to the Architect of the Capitol upon re- compressed work schedule which applies to Legislative Pay Act of 1929 is appropriated quest to carry out the authority granted any manager or supervisor in a position the for or the rate of compensation or designa- under this section; and, grade or level of which is equal to or higher tion of any office or position appropriated (5) if payment would be required for fur- than GS–15: Provided further, That expenses for is different from that specifically estab- nishing similar services to an executive June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5347 agency, payment therefor shall be made by (A) voluntarily separates from service on (5) The Public Printer may prescribe regu- the Architect by reimbursement; such pay- or after the date of enactment of this Act lations to carry out this subsection. ment may be credited to the applicable ap- and before October 1, 2001; and (d) RETRAINING, JOB PLACEMENT, AND COUN- propriations of the Secretary of Energy. (B) on such date of separation— SELING SERVICES.—(1) In this subsection, the SEC. 309. (a) SEVERANCE PAY FOR ALL EM- (i) has completed 25 years of service as de- term ‘‘employee’’— PLOYEES OF THE ARCHITECT OF THE CAPITOL.— fined under section 8331(12) or 8401(26) of title (A) means an employee of the Government Section 5595(a) of title 5, United States Code, 5, United States Code; or Printing Office; and as amended by section 310 of the Legislative (ii) has completed 20 years of such service (B) shall not include— Branch Appropriations Act, 1998, is amend- and is at least 50 years of age. (i) a reemployed annuitant under sub- ed— (2) Notwithstanding any provision of chap- chapter III of chapter 83 or chapter 84 of title (1) in paragraph (1)(F), by striking ‘‘, but ter 83 or 84 of title 5, United States Code, an 5, United States Code, or another retirement only with respect to the United States Sen- employee described under paragraph (1) is system for employees of the Government; or ate Restaurants’’; and entitled to an annuity which shall be com- (ii) an employee who is employed on a tem- (2) in paragraph (2), in clause (viii) in the puted consistent with the provisions of law porary when actually employed basis. matter following subparagraph (B), by strik- applicable to annuities under section 8336(d) (2) The Public Printer may establish a pro- ing ‘‘of the United States Senate Res- or 8414(b) of title 5, United States Code. gram to provide retraining, job placement, taurants’’. (c) VOLUNTARY SEPARATION INCENTIVE PAY- and counseling services to employees and MENTS.—(1) In this subsection, the term ‘‘em- (b) EARLY RETIREMENT FOR ALL EMPLOYEES former employees. ployee’’ means an employee of the Govern- OF THE ARCHITECT OF THE CAPITOL.—Section (3) A former employee may not participate ment Printing Office, serving without limi- 310(b)(1) of the Legislative Branch Appro- in a program established under this sub- tation, who has been currently employed for priations Act, 1998 (40 U.S.C. 174j–1(b)(1)) is section, if— a continuous period of at least 12 months, ex- (A) the former employee was separated amended— cept that such term shall not include— (1) in the matter preceding subparagraph from service with the Government Printing (A) a reemployed annuitant under sub- Office for more than 1 year; or (A), by striking ‘‘of the United States Senate chapter III of chapter 83 or chapter 84 of title Restaurants’’; and (B) the separation was by removal for 5, United States Code, or another retirement cause on charges of misconduct or delin- (2) in subparagraph (A), by striking ‘‘1999;’’ system for employees of the Government; and inserting ‘‘1999 (or, in the case of an indi- quency. (B) an employee having a disability on the (4) Retraining costs for the program estab- vidual who is not an employee of the United basis of which such employee is or would be States Senate Restaurants, on or after the lished under this subsection may not exceed eligible for disability retirement under any $5,000 for each employee or former employee. date of the enactment of the Legislative of the retirement systems referred to in sub- Branch Appropriations Act, 1999 and before (e) ADMINISTRATIVE PROVISIONS.—(1) The paragraph (A); or October 1, 2001);’’. Public Printer— (C) an employee who is employed on a tem- (A) may use employees of the Government (c) VOLUNTARY SEPARATION INCENTIVE PAY- porary when actually employed basis. Printing Office to establish and administer MENTS FOR ALL EMPLOYEES OF THE ARCHITECT (2) Notwithstanding any other provision of programs and carry out the provisions of OF THE CAPITOL.—Section 310(c) of the Legis- law, in order to avoid or minimize the need this section; and lative Branch Appropriations Act, 1998 (40 for involuntary separations due to a reduc- (B) may procure temporary and intermit- U.S.C. 174j–1(c)) is amended— tion in force, reorganization, transfer of tent services under section 3109(b) of title 5, (1) in paragraph (1), by striking ‘‘of the function, or other similar action affecting United States Code, to carry out such provi- United States Senate Restaurants’’; and the agency, the Public Printer shall estab- sions— (2) in paragraph (2)— lish a program under which voluntary sepa- (i) not subject to the 1 year of service limi- (A) by striking ‘‘not more than 50’’, ration incentive payments may be offered to tation under such section 3109(b); and (B) by striking ‘‘1999’’ and inserting ‘‘1999 encourage eligible employees to separate (ii) at rates for individuals which do not (or, in the case of an individual who is not an from service voluntarily (whether by retire- exceed the daily equivalent of the annual employee of the United States Senate Res- ment or resignation) during the period begin- rate of basic pay prescribed for level V of the taurants, on or after the date of the enact- ning on the date of the enactment of this Act Executive Schedule under section 5316 of ment of the Legislative Branch Appropria- through September 30, 2001. such title. tions Act, 1999 and before October 1, 2001)’’, (3) Such voluntary separation incentive (2) Funds to carry out subsections (a) and and payments shall be paid in accordance with (c) may be expended only from funds avail- (C) by adding at the end the following new the provisions of section 5597(d) of title 5, able for the basic pay of the employee who is sentence: ‘‘The number of employees of the United States Code. Any such payment shall receiving the applicable payment. United States Senate Restaurants to whom not be a basis of payment, and shall not be (3) Funds to carry out subsection (d) may voluntary separation incentive payments included in the computation, of any other be expended from any funds made available may be offered under the program estab- type of Government benefit. to the Public Printer. (4)(A) Subject to subparagraph (B), an em- lished under the previous sentence may not This Act may be cited as the ‘‘Legislative ployee who has received a voluntary separa- exceed 50.’’. Branch Appropriations Act, 1999’’. (d) RETRAINING, JOB PLACEMENT, AND COUN- tion incentive payment under this section SELING SERVICES FOR ALL EMPLOYEES OF THE and accepts employment with the Govern- The CHAIRMAN. No amendment is in ARCHITECT OF THE CAPITOL.—Section 310(e) of ment of the United States within 5 years order unless printed in House Report the Legislative Branch Appropriations Act, after the date of the separation on which the 105–601. Each amendment may be of- 1998 (40 U.S.C. 174j–1(e)) is amended— payment is based shall be required to repay fered only in the order printed, may be (1) in paragraph (1)(A), by striking ‘‘of the the entire amount of the incentive payment offered only by a Member designated in United States Senate Restaurants’’; and to the agency that paid the incentive pay- the report, shall be considered read, de- ment. (2) in paragraph (3)(A), by striking ‘‘the batable for the time specified in the re- United States Senate Restaurants of ’’. (B)(i) If the employment is with an execu- tive agency (as defined by section 105 of title port, equally divided and controlled by SEC. 310. (a) SEVERANCE PAY.—Section 5595 of title 5, United States Code, as amended by 5, United States Code), the Director of the the proponent and an opponent, and section 310 of the Legislative Branch Appro- Office of Personnel Management may, at the shall not be subject to an amendment. request of the head of the agency, waive the priations Act, 1998, is amended— The chairman of the Committee of repayment if the individual involved pos- (1) in subsection (a)(2)— the Whole may postpone a request for sesses unique abilities and is the only quali- (A) in clause (viii), by striking ‘‘or’’ after fied applicant available for the position. recorded vote on any amendment and the semicolon; (ii) If the employment is with an entity in may reduce to a minimum of 5 minutes (B) by redesignating clause (ix) as clause the legislative branch, the head of the entity the time for voting on any postponed (x) and inserting after clause (viii) the fol- or the appointing official may waive the re- question that immediately follows an- lowing new clause: payment if the individual involved possesses ‘‘(ix) an employee of the Government other vote, provided that the time for unique abilities and is the only qualified ap- voting on the first question shall be a Printing Office, who is employed on a tem- plicant available for the position. porary when actually employed basis; or’’; (iii) If the employment is with the judicial minimum of 15 minutes. and branch, the Director of the Administrative Are there any points of order? (2) in subsection (b) by adding at the end Office of the United States Courts may waive POINT OF ORDER the following: ‘‘The Public Printer may pre- the repayment if the individual involved pos- Mr. THOMAS. Mr. Chairman, I raise scribe regulations to effect the application sesses unique abilities and is the only quali- a point of order against section 108 on and operation of this section to the agency fied applicant available for the position. page 10, lines 1 through 10 of H.R. 4112, specified in subsection (a)(1)(G) of this sec- (C) For purposes of subparagraph (A) (but tion.’’. not subparagraph (B)), the term ‘‘employ- on the ground that this provision vio- (b) EARLY RETIREMENT.—(1) This sub- ment’’ includes employment under a per- lates clause 2 of House rule XXI be- section applies to an employee of the Gov- sonal services contract with the United cause it is in fact legislation included ernment Printing Office who— States. in a general appropriations bill. H5348 CONGRESSIONAL RECORD — HOUSE June 25, 1998 The CHAIRMAN. Are there any other The amendment, by earmarking spe- Mr. WALSH. Mr. Chairman, I yield Members who wish to be heard on the cific funds for this program, sets recy- myself such time as I may consume. point of order? cling as a priority for the House. I offer Mr. Chairman, I certainly have no Section 108 clearly constitutes legis- this amendment because recycling is a problem. In fact, I support the gentle- lation on an appropriation bill in viola- program that has been neglected, and man’s amendment. tion of clause 2 of rule XXI by requir- consequently has had very limited suc- There are two things that we agree ing the Committee on House Oversight cess. on, bipartisanly. One is that we are to issue regulations . Most of the Members of the House do committed to recycling. The second is The Chair sustains the point of order. recycle. They support this. But the that we do whatever our daughters tell The section is stricken. level and type of recycling varies from us when it comes to recycling, and It is now in order to consider Amend- office to office, leaving a doubt in the probably some other things at home. ment No. 1 printed in House Report end results of those efforts because the This is a friendly amendment. This is 105–601. program itself is in such a disarray. a good amendment. I know that the AMENDMENT NO. 1 OFFERED BY MR. FARR OF The amendment will guarantee that gentleman from California (Mr. FARR) CALIFORNIA the House has all the resources that we has been a supporter of this effort. We Mr. FARR of California. Mr. Chair- need to jumpstart this program into have, too. We have conducted hearings man, I offer an amendment. high gear. and several meetings with the Archi- The CHAIRMAN. The Clerk will des- I am not offering this amendment to tect. The gentleman from New York ignate the amendment. fulfill some sort of ecowarrior’s dream (Mr. SERRANO) is committed to this. The text of the amendment is as fol- to save trees, I am offering this amend- This issue has been raised in great de- lows: ment because it is a way to earn money tail. The Architect has the message. It Amendment No. 1 offered by Mr. for the House and for the government is now up to him, with the cooperation FARR of California: by avoiding landfill costs and by earn- of all House offices, to make this pro- In the item relating to ‘‘HOUSE OFFICE ing revenue on high-grade recyclable gram work more efficiently. We have BUILDINGS’’ under the heading ‘‘ARCHI- material. It is a way to reduce our de- done this in concert with the gen- TECT OF THE CAPITOL—CAPITOL BUILD- pendency on the landfills and take tleman and his staff. I commend him INGS AND GROUNDS’’, strike the period at the trash out of the community. It is a way for his interest. end and insert the following: ‘‘: Provided, to make the House a good corporate Mr. Chairman, I yield such time as he That of the total amount provided under this citizen of the D.C. community, and yes, heading, not less than $100,000 shall be used may consume to the gentleman from exclusively for waste recycling programs.’’. it is a way to conserve resources. New York (Mr. SERRANO), the distin- I urge Members to support my guished ranking member of the sub- The CHAIRMAN. Pursuant to House amendment and give the House a Resolution 489, the gentleman from committee. chance to get recycling right. Mr. SERRANO. I thank the gen- California (Mr. FARR) and a Member Mr. DOGGETT. Mr. Chairman, will tleman from New York, Mr. Chairman. opposed will each control 5 minutes. the gentleman yield? In spite of the fact that I was not in- Mr. WALSH. Mr. Chairman, I support Mr. FARR of California. I yield to vited to lunch to discuss this amend- the gentleman’s amendment, and, if no the gentleman from Texas. ment, I do think it is a great amend- Member seeks time in opposition, I ask Mr. DOGGETT. Mr. Chairman, until ment. I think it speaks to a very im- unanimous consent that I be allocated the gentleman offered his amendment, portant issue, certainly one that the the time the rule allows reserved for a despite the months the gentleman has gentleman from California has been Member in opposition. spent in a bipartisan effort to try to working on very diligently. I support it The CHAIRMAN. Is there objection get this disastrous program reshaped, wholeheartedly, and hope that we can to the request of the gentleman from there was not any money allocated spe- New York? cifically for this purpose in this appro- accept it today. Mr. WALSH. Mr. Chairman, I yield There was no objection. priations bill by the Republican major- myself such time as I may consume, in Mr. FARR of California. Mr. Chair- ity; is that correct? man, I yield myself such time as I may Mr. FARR of California. Not specifi- order to say that we accept the amend- consume. cally. The problem is that the program ment. (Mr. FARR of California asked and is broken. It needs a commitment. The Mr. BLUMENAUER. Mr. Chairman, I believe the U.S. House of Representatives has a was given permission to revise and ex- gentleman from New York (Mr. WALSH) tend his remarks.) certainly has given his commitment to great opportunity to save the American tax- Mr. FARR of California. Mr. Chair- it. I believe that he is sincere, but we payer money. From the General Services Ad- man, I yield myself such time as I may need to get it off the ground. ministration's FY96 Waste Management Re- consume. Mr. DOGGETT. Mr. Chairman, I com- port we have learned the U.S. House of Rep- Mr. Chairman, I thank the gentleman mend the gentleman’s leadership. I resentatives recycled over three million from New York (Mr. WALSH), the chair- think it would be really helpful in fo- pounds of paper and earned $761. The same man of the Subcommittee on Legisla- cusing on what is a disgrace for the reports shows: tive, and the gentleman from New Congress, and perhaps with the adop- 1996 Recycled Earned York (Mr. SERRANO), the ranking mem- tion of the gentleman’s amendment we (lb.) ber. can begin to correct this blunder. USDA ...... 1,020,000 $29,730 I think in the dialogue we have heard Mr. FARR of California. I thank the DOE ...... 754,000 15,992 gentleman. The gentleman from New HUD ...... 746,000 22,413 here today what we recognize is we do NRC ...... 458,000 10,728 have a serious trash problem here in York (Mr. WALSH) and I were talking at U.S. House of Representatives ...... 3,460,000 761 the United States Congress, and trash lunch today, talking about recycling in is trash. It is not Republican trash or our own homes. We said it is our The House earned less money because the Democratic trash or Independent trash, daughters that remind us, they are sort paper collected from offices which voluntarily it is something that we have just got of the recycling cop in our houses, tell- participate in recycling becomes contaminated to get our hands on and clean up. ing us that you have to recycle this after it is collected by the custodial staff. Many and that. What this House needs, I Congressional employees who work late at b 1445 think what every office needs, is a 13- night can attest that the custodial staff who This amendment I think allows the year-old daughter or son to say, put collect the waste are not properly equipped House to do that. It simply dictates this in the right place. with receptors to keep the waste sorted. that of the money in this bill that goes Frankly, that is leadership, and it is I understand that the House has been trying to pay for the operation and mainte- going to require the Architect of the to implement a voluntary recycling program nance of the House buildings, $100,000 Capitol to really get tough with our of- since the late 1970's and suggest that per- of that shall be bracketed, shall be fices and remind us that this is a re- haps there needs to be more support and made available to underwrite the recy- sponsibility of each office. oversight from the committee to implement the cling program and only the recycling Mr. Chairman, I reserve the balance program effectively. With proper oversight and program. of my time. direction the U.S. House of Representatives June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5349 will not only save money by making money ments through previously determined life Congress to adhere to energy conserva- when it recycles, but it will save money by cycle cost methods and procedures; tion standards that Congress has re- avoiding the dumping fees on waste that is (8) may contract with nongovernmental quired for all Federal departments. By entities and employ private sector capital to requiring the development and imple- sent to the landfills. finance energy conservation projects and Unfortunately, the preliminary indications for achieve energy consumption target; mentation of a comprehensive energy FY97 are even worse. The preliminary num- (9) may develop innovative contracting conservation plan for the buildings bers being complied by GSA suggest that the methods that will attract private sector under our jurisdiction, we would be House earned only $7.51 for recycling funding for the installation of energy-effi- demonstrating to our people how gov- 4,400,000 pounds of paper. cient and renewable energy technology to ernment can function more efficiently Congressman SAM FARR'S amendment meet the requirements of this resolution; and save taxpayers a million dollars, makes the necessary steps to help solve the (10) may participate in the Department of which would be illustrating the bene- recycling problems in the House. I support his Energy’s Financing Renewable Energy and fits of new and cleaner technologies, Efficiency (FREE Savings) contracts pro- efforts and hope my colleagues will do the gram for Federal Government facilities; and innovative contracting agreements, same. (11) shall produce information packages and cooperation between private and Mr. FARR of California. Mr. Chair- and ‘‘how-to’’ guides for each Member and not-for-profit sectors. man, I yield myself such time as I may employing authority of the Congress that de- The Federal agencies have made sig- consume. tail simple, cost-effective methods to save nificant progress in these areas. Since Mr. Chairman, I urge the adoption of energy and taxpayer dollars. President Bush signed the Energy Pol- the amendment, and after hearing the The CHAIRMAN. Pursuant to House icy Act of 1992, Federal agencies have analogy of the gentleman from New Resolution 489, the gentleman from Il- made significant progress in these York (Mr. SERRANO) of this being a city linois (Mr. GUTIERREZ) and a Member areas. Federal agencies have saved tax- on the Hill, I accept the support of the opposed will control 5 minutes each. payers, and I want to underscore this, mayor and the vice-mayor, here. For what purpose does the gentleman more than $2.5 billion since 1985. This Mr. Chairman, I yield back the bal- from New York rise? equates to a decrease in energy costs of ance of my time. Mr. WALSH. Mr. Chairman, I support 44 percent in constant 1995 dollars from Mr. WALSH. Mr. Chairman, I yield the gentleman’s amendment, and if no $14.5 billion in 1985 to $8 billion in the back the balance of my time. Member seeks time in opposition, I ask year 1995. That means that between The CHAIRMAN. The question is on unanimous consent that I be allocated 1994 and 1995, $286 million was saved. the amendment offered by the gen- the time under the rule otherwise re- Why should Congress not follow these tleman from California (Mr. FARR). served to a Member in position. steps? The amendment was agreed to. The CHAIRMAN. Is there objection While Federal agencies have signifi- The CHAIRMAN. It is now in order to to the request of the gentleman from cantly reduced energy expenditures, consider amendment No. 2 printed in New York? Congress has seen its energy bill rise in House report 105–601. There was no objection. each of the last 7 years. Congress now AMENDMENT NO. 2 OFFERED BY MR. GUTIERREZ The CHAIRMAN. The Chair recog- spends more than $32 million annually Mr. GUTIERREZ. Mr. Chairman, I nizes the gentleman from Illinois (Mr. on energy bills. We can and should re- offer an amendment. GUTIERREZ). verse this trend, and we should do it The CHAIRMAN. The Clerk will des- Mr. GUTIERREZ. Mr. Chairman, I without short-term costs to the tax- ignate the amendment. yield myself such time as I may con- payers. The text of the amendment is as fol- sume. My amendment would permit the Ar- lows: Mr. Chairman, I first want to com- chitect of the Capitol to enlist private Amendment No. 2 printed in House Report mend the gentleman from New York and not-for-profit resources to develop, 105–601 offered by Mr. GUTIERREZ: (Mr. WALSH) and the gentleman from plan, and achieve reduction targets. In Title III—General Provisions—after the New York (Mr. JOSE´ E. SERRANO), the Currently the Department of Energy last section insert the following new section: ranking minority member, for their has been working with Federal agen- SEC. 310. The Architect of the Capitol— fine work on the legislation currently cies and private sector partners on in- (1) shall develop and implement a cost-ef- novative contracting methods that do fective energy conservation strategy for all being considered by the House. As we facilities currently administered by Congress all know, making Congress work is no not cost the taxpayers a cent. Under the Financing Renewal Energy to achieve a net reduction of 20 percent in easy task. Their efforts, however, have and Efficiency or FREE savings con- energy consumption on the congressional made it easier for all of us to work tract, energy service companies pay for campus compared to fiscal year 1991 con- more effectively for our constituents. and install energy saving technologies sumption levels on a Btu-per-gross-square- I would also like to thank the gen- foot basis not later than 7 years after the and equipment in Federal buildings at tleman from New York (Chairman SOL- adoption of this resolution; no cost to the taxpayers. In reward, the OMON) and the gentleman from Massa- (2) shall submit to Congress no later than private partners receive, for a des- chusetts (Mr. MOAKLEY) for their sup- 10 months after the adoption of this resolu- ignated number of years, about 50 per- tion a comprehensive energy conservation port in the Committee on Rules for my cent of the savings when the building’s and management plan which includes life amendment. I am encouraged to see energy bills go down. I feel strongly cycle costs methods to determine the cost- Members of both parties committed to that the use of these contracting meth- effectiveness of proposed energy efficiency making Congress a model of efficiency projects; ods could help Congress reduce its en- (3) shall submit to the Committee on Ap- and innovation. ergy expenditures by more than 20 per- propriations in the Senate and the House of When the Republicans took control cent by the year 2005. Representatives a request for the amount of of this institution in 1995, a number of Mr. Chairman, in 1995 we agreed Con- appropriations necessary to carry out this promises were made regarding the gress should comply with the laws of resolution; manner in which government would the Nation. I am sure we can also agree (4) shall present to Congress annually a re- work and serve the American people. port on congressional energy management that Congress should be a model of how We Democrats had some agreements government can function better. A and conservation programs which details en- with some of them. Nevertheless, we ergy expenditures for each facility, energy greater commitment by Congress to management and conservation projects, and were able to work together in many cutting its own wasteful spending and future priorities to ensure compliance with important ways to reform congres- to conserving natural resources is re- the requirements of this resolution. sional practices. Together, Members of quired to achieve this goal. (5) shall perform energy surveys of all con- both parties supported and passed the Support this amendment, support a gressional buildings and update such surveys Congressional Accountability Act, to Congress that lives by the laws it as needed; bring Congress under the laws man- passes. Support an energy-efficient (6) shall use such surveys to determine the dated for the American people and Fed- cost and payback period of energy and water congressional campus. conservation measures likely to achieve the eral agencies. Mr. Chairman, I reserve the balance required energy consumption levels; Today I ask for Members’ support so of my time. (7) shall install energy and water conserva- we can build on that bipartisan accord. Mr. WALSH. Mr. Chairman, I yield tion measures that will achieve the require- My amendment would simply oblige 21⁄2 minutes to the gentleman from New H5350 CONGRESSIONAL RECORD — HOUSE June 25, 1998

York (Mr. SERRANO), the ranking mi- The SPEAKER pro tempore. Is the million higher than the level at the end nority member. gentleman opposed to the bill? of the 104th Congress, with no appre- Mr. SERRANO. Mr. Chairman, I Mr. OBEY. I certainly am, Mr. ciable changes in staff levels. thank the gentleman for yielding me Speaker. What would this mean for the total the time. The SPEAKER pro tempore. The bill? According to CBO, the total Mr. Chairman, the amendment of- Clerk will report the motion to recom- spending increase recommended by the fered by the gentleman from Illinois mit. majority is more than 31⁄2 percent. This (Mr. GUTIERREZ) as presented, in my The Clerk read as follows: reduction of $8.3 million would still opinion, is a good amendment. It cer- Mr. OBEY moves to recommit the bill, H.R. leave us with a total increase over last tainly speaks about a very important 4112, to the Committee on Appropriations year of 2.3 percent. issue, and one we should be dealing with instructions to report the same back to Mr. Speaker, I do not apologize for with in this House. He has very prop- the House forthwith with an amendment to what this body spends in order to pro- erly presented his arguments, and we reduce $8,311,590 from the appropriation for vide necessary services to our constitu- certainly have no problems with it on ‘‘Committee Employees, Standing Commit- ents. But in a day when we are seeing this side. I would hope that the gentle- tees, Special, and Select.’’ low-income heating assistance pro- man’s side would accept the amend- The SPEAKER pro tempore. The gen- grams eliminated, when we are seeing ment today. tleman from Wisconsin (Mr. OBEY) is summer jobs eliminated, when we are Mr. WALSH. Mr. Chairman, I yield recognized for 5 minutes to speak on seeing cuts in health care, education, myself such time as I may consume. behalf of his motion to recommit. food safety, National Parks and water Mr. Chairman, I have no problem Mr. OBEY. Mr. Speaker, many of us quality programs, it seems to me that with the amendment. The minority remember a few years back when sig- we ought not to be providing more supports it, the majority supports it. nificant reductions were made in com- money than we in fact expect the com- The language would require the Archi- mittee staffing, which saved a signifi- mittees to spend. tect of the Capitol to develop a cost-ef- cant amount of money in the House Mr. Speaker, we can save $8 million fective strategy to achieve 20 percent budget. and not provide the funds that will oth- efficiency in energy consumption. It is In a very controversial decision, the erwise be diverted to the leadership’s a worthy goal. It is an excellent idea. House majority leadership took about slush fund. It will save us money, and we support $8 million of those savings that were Mr. Speaker, I urge a ‘‘yes’’ vote on the amendment. not sent back to the Treasury, but in- the motion to recommit. Mr. GUTIERREZ. Mr. Chairman, I stead, put into a special fund to be con- The SPEAKER pro tempore (Mr. yield myself such time as I may con- trolled by the House leadership. PETRI). Is the gentleman from New sume. The House leadership has been able York (Mr. WALSH) opposed to the mo- I would just like to say to the chair- to spend this slush fund in any manner tion to recommit? man and the ranking member, I thank they wanted, without further approval Mr. WALSH. Mr. Speaker, I am. The SPEAKER pro tempore. The gen- them both for their consideration of of the House. This windfall spree was tleman from New York (Mr. WALSH) is my amendment. Together we will make thought to be, more or less, a one-time recognized for 5 minutes in opposition the House a more efficient place. I windfall brought about by the commit- to the motion. thank them so much. tee staff reductions that have now sta- Mr. Chairman, I yield back the bal- Mr. WALSH. Mr. Chairman, this bilized. But I guess the House leader- amendment will gut the ability of our ance of my time. ship has gotten hooked on this free Mr. WALSH. Mr. Chairman, I yield committees to do their work, pure and spending, because we find tucked away simple. This takes $8.3 million from the back the balance of my time. in this bill extra funds ostensibly for The CHAIRMAN. The question is on total appropriation of $89.7 million in committee staff which in fact are not the amendment offered by the gen- the bill for committee funds. That is a meant for the committee staff at all, tleman from Illinois (Mr. GUTIERREZ). 10 percent reduction in all of our com- The amendment was agreed to. but rather, meant to replenish the mittees and their funding. The CHAIRMAN. Under the rule, the Speaker’s slush fund. Mr. Speaker, it is going to require Committee rises. The subcommittee chairman in- that we reduce staff, that we reduce Accordingly, the Committee rose; formed the Committee on Rules yester- our workload, and more importantly, and the Speaker pro tempore (Mr. day that the $89 million included in that we reduce our oversight. This is PETRI) having assumed the chair, Mr. this bill for the committee staff is tying one hand of the legislative HANSEN, Chairman of the Committee of based on taking the artificially high branch’s arm behind its back for no the Whole House on the State of the levels of 2 years ago, which included good reason. Union, reported that that Committee, that estimated $7.9 million for the This bill was constructed in a bipar- having had under consideration the bill slush fund, and simply inflated it by tisan manner. We have worked to- (H.R. 4112) making appropriations for 5.21 percent. That works out to over gether on this. This is an attempt to the legislative branch for the fiscal $8.3 million in this bill that is osten- politicize an otherwise nonpartisan year ending September 30, 1999, and for sibly budgeted for committee staff that bill. There is nowhere near this amount other purposes, pursuant to House Res- the majority has no real intention of of money in the bill for unanticipated olution 489, he reported the bill back to using for committee staff. expenses of the committees. the House with sundry amendments b 1500 This idea, this ‘‘slush fund’’ word, is adopted by the Committee of the very quotable. It is a quotable quote. It Whole. The real intention is to be pulling a is a good 2-second sound bite. But what The SPEAKER pro tempore. Under back-door maneuver to replenish that we are talking about here is funding the rule, the previous question is or- slush fund. unanticipated expenses of the Con- dered. Mr. Speaker, if the majority leader- gress. Any construction project, any Is a separate vote demanded on any ship wants to have more play money, business worth their salt provides for amendment? If not, the Chair will put then this House ought to be able to contingencies. That is what this does. them en gros. vote on it. They should not try to hide The number, this number of $8.3 mil- The amendments were agreed to. it through this kind of a back-door she- lion, has no basis in reality. I do not The SPEAKER pro tempore. The nanigan. know where the number came from. question is on the engrossment and The truth is committees are not ex- But the fact of the matter is it is an at- third reading of the bill. pected to spend $89 million to operate. tempt to politicize an otherwise well- The bill was ordered to be engrossed They can do it with about $8 million crafted, nonpartisan bill. and read a third time, and was read the less without missing a beat. I would So, Mr. Speaker, I urge my col- third time. point out that that is comparable to leagues to vote ‘‘no’’ on this motion. MOTION TO RECOMMIT OFFERED BY MR. OBEY the level of the 104th Congress second The SPEAKER pro tempore. Without Mr. OBEY. Mr. Speaker, I offer a mo- session, which was only $79 million. So objection, the previous question is or- tion to recommit. the level we are proposing is still $2 dered on the motion to recommit. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5351 There was no objection. NAYS—222 The result of the vote was announced The SPEAKER pro tempore. The Aderholt Ganske Packard as above recorded. Archer Gekas Pappas question is on the motion to recommit. PERSONAL EXPLANATION Armey Gibbons Parker The question was taken; and the Bachus Gilchrest Paul Mr. PALLONE. Mr. Speaker, during rollcall Speaker pro tempore announced that Baker Gillmor Paxon vote No. 271 on the motion to recommit H.R. Ballenger Gilman Pease 4112, I was unavoidably detained. Had I been the noes appeared to have it. Barr Goode Peterson (PA) Mr. OBEY. Mr. Speaker, I object to Barrett (NE) Goodlatte Petri present, I would have voted ``yes.'' the vote on the ground that a quorum Bartlett Goodling Pickering The SPEAKER pro tempore (Mr. Barton Goss Pitts PEASE). The question is on the passage is not present and make the point of Bass Graham Pombo order that a quorum is not present. Bateman Granger Porter of the bill. The SPEAKER pro tempore. Evi- Bereuter Greenwood Portman Pursuant to clause 7 of rule XV, the Berman Gutknecht Pryce (OH) dently a quorum is not present. yeas and nays are ordered. Bilbray Hansen Quinn This will be a 5-minute vote. Bilirakis Hastert Radanovich The Sergeant at Arms will notify ab- The vote was taken by electronic de- sent Members. Bliley Hastings (WA) Ramstad Blunt Hayworth Redmond vice, and there were— yeas 235, nays Pursuant to clause 5 of rule XV, the Boehlert Hefley Regula 179, not voting 19, as follows: Boehner Herger Riggs Chair will reduce to a minimum of 5 [Roll No. 272] minutes the period of time within Bonilla Hill Riley Bono Hilleary Rogan YEAS—235 which a vote by electronic device will Bryant Hobson Rogers Aderholt Fox Nethercutt Bunning Hoekstra Rohrabacher be taken on the question of passage of Archer Franks (NJ) Neumann Burr Horn Ros-Lehtinen the bill. Armey Frelinghuysen Ney Burton Hostettler Roukema Bachus Gallegly Northup The vote was taken by electronic de- Buyer Houghton Royce Baesler Ganske Norwood Callahan Hunter Ryun vice, and there were—yeas 192, nays Ballenger Gekas Nussle Calvert Hyde Salmon 222, not voting 19, as follows: Barr Gibbons Oxley Camp Inglis Sanford Barrett (NE) Gilchrest Packard [Roll No. 271] Campbell Istook Saxton Bartlett Gillmor Pappas Canady Jenkins Schaefer, Dan Barton Gilman Parker YEAS—192 Cannon Johnson (CT) Schaffer, Bob Bass Goode Pascrell Abercrombie Gutierrez Oberstar Castle Johnson, Sam Sensenbrenner Bateman Goodling Pastor Ackerman Hall (OH) Obey Chabot Jones Sessions Bereuter Goss Paxon Allen Hall (TX) Olver Chambliss Kasich Shadegg Berman Graham Pease Andrews Harman Ortiz Chenoweth Kelly Shaw Bilbray Granger Peterson (PA) Baesler Hastings (FL) Owens Christensen Kim Shays Bilirakis Greenwood Pickering Baldacci Hefner Pascrell Coble King (NY) Shimkus Bliley Gutierrez Pickett Barcia Hilliard Pastor Coburn Kingston Shuster Blunt Gutknecht Pitts Barrett (WI) Hinchey Payne Collins Knollenberg Skeen Boehlert Hall (OH) Pombo Becerra Holden Pelosi Combest Kolbe Smith (MI) Boehner Hall (TX) Porter Bentsen Hooley Peterson (MN) Cook LaHood Smith (NJ) Bonilla Hansen Portman Berry Hoyer Pickett Cooksey Largent Smith (OR) Bonior Hastert Price (NC) Bishop Jackson (IL) Pomeroy Cox Latham Smith (TX) Bono Hastings (WA) Pryce (OH) Blagojevich Jackson-Lee Poshard Crane LaTourette Smith, Linda Bryant Hayworth Quinn Blumenauer (TX) Price (NC) Crapo Lazio Snowbarger Bunning Herger Radanovich Bonior Jefferson Rahall Cubin Leach Solomon Burr Hobson Ramstad Borski John Rangel Cunningham Lewis (CA) Souder Burton Hoekstra Redmond Boswell Johnson (WI) Rivers Davis (VA) Lewis (KY) Spence Buyer Horn Regula Boucher Johnson, E. B. Rodriguez Deal Linder Stearns Callahan Houghton Riggs Boyd Kanjorski Roemer DeLay Livingston Stump Calvert Hoyer Riley Brady (PA) Kaptur Rothman Diaz-Balart LoBiondo Sununu Camp Hunter Rogan Brown (CA) Kennedy (MA) Roybal-Allard Dickey Lucas Talent Campbell Hyde Rogers Brown (FL) Kennedy (RI) Rush Doolittle Manzullo Tauzin Canady Inglis Ros-Lehtinen Brown (OH) Kennelly Sabo Dreier McCollum Taylor (NC) Cannon Istook Roukema Capps Kildee Sanchez Duncan McCrery Thomas Carson Jefferson Ryun Cardin Kilpatrick Sanders Dunn McHugh Thornberry Castle Jenkins Sabo Carson Kind (WI) Sandlin Ehlers McInnis Thune Chabot John Salmon Clay Kleczka Sawyer Ehrlich McIntosh Tiahrt Chambliss Johnson (CT) Saxton Clayton Klink Schumer Emerson McKeon Traficant Chenoweth Johnson, Sam Scarborough Clement Kucinich Scott English Metcalf Upton Christensen Jones Schaefer, Dan Clyburn LaFalce Serrano Ensign Mica Walsh Coble Kasich Serrano Condit Lantos Sherman Everett Miller (FL) Wamp Coburn Kelly Sessions Conyers Lee Sisisky Ewing Moran (KS) Watkins Collins Kilpatrick Shadegg Costello Levin Skaggs Fawell Morella Watts (OK) Combest Kim Shaw Coyne Lipinski Skelton Foley Myrick Weldon (FL) Cook King (NY) Shays Cramer Lofgren Slaughter Forbes Nethercutt Weller Cooksey Kingston Shimkus Cummings Lowey Smith, Adam Fossella Neumann White Crapo Knollenberg Shuster Danner Luther Snyder Fowler Ney Whitfield Cubin Kolbe Sisisky Davis (FL) Maloney (CT) Spratt Fox Northup Wicker Cunningham LaHood Skaggs Davis (IL) Maloney (NY) Stabenow Franks (NJ) Norwood Wolf Danner Largent Skeen DeFazio Manton Stark Frelinghuysen Nussle Young (AK) Davis (VA) Latham Skelton DeGette Martinez Stenholm Gallegly Oxley Young (FL) Deal LaTourette Smith (MI) Delahunt Mascara Stokes DeLay Lazio Smith (NJ) DeLauro Matsui Strickland NOT VOTING—19 Diaz-Balart Leach Smith (OR) Deutsch McCarthy (MO) Stupak Brady (TX) Hutchinson Pallone Dickey Lewis (CA) Smith (TX) Dicks McCarthy (NY) Tanner Dingell Klug Reyes Dicks Lewis (KY) Smith, Adam Dixon McDermott Tauscher Gonzalez Lampson Scarborough Dixon Linder Snowbarger Doggett McGovern Taylor (MS) Gordon Lewis (GA) Turner Doolittle Livingston Solomon Dooley McHale Thompson Hamilton Markey Weldon (PA) Dreier LoBiondo Souder Doyle McIntyre Thurman Hinojosa McDade Duncan Lucas Spence Edwards McKinney Tierney Hulshof Moakley Dunn Manzullo Stump Engel McNulty Torres Ehlers McCarthy (NY) Sununu Eshoo Meehan Towns Ehrlich McCollum Talent Etheridge Meek (FL) Velazquez b 1523 Emerson McCrery Tauzin Evans Meeks (NY) Vento English McHugh Taylor (NC) Farr Menendez Visclosky Messrs. MCHUGH, ARMEY, MICA, Everett McInnis Thomas Fattah Millender- Waters PAXON, and EWING changed their Ewing McKeon Thornberry Fazio McDonald Watt (NC) vote from ‘‘yea’’ to ‘‘nay.’’ Farr Metcalf Thune Filner Miller (CA) Waxman Fattah Mica Tiahrt Ford Minge Wexler Messrs. JOHN, PRICE of North Caro- Fawell Miller (FL) Torres Frank (MA) Mink Weygand lina, MATSUI, SPRATT, and Fazio Mink Traficant Frost Mollohan Wise MALONEY of Connecticut changed Foley Mollohan Upton Furse Moran (VA) Woolsey their vote from ‘‘nay’’ to ‘‘yea.’’ Forbes Morella Visclosky Gejdenson Murtha Wynn Fossella Murtha Walsh Gephardt Nadler Yates So the motion to recommit was re- Fowler Myrick Wamp Green Neal jected. H5352 CONGRESSIONAL RECORD — HOUSE June 25, 1998 Watkins Whitfield Young (AK) COMMUNICATION FROM THE death of our colleague, Steve Schiff. Watts (OK) Wicker Young (FL) CLERK OF THE HOUSE. We will always miss Steve Schiff, but Weldon (FL) Wolf White Woolsey The Speaker laid before the House today we welcome a new Member who the following communication from the will continue in his tradition of public NAYS—179 Clerk of the House of Representatives: service on behalf of the people of the Abercrombie Harman Olver State of New Mexico. U.S. HOUSE OF REPRESENTATIVES, Ackerman Hastings (FL) Ortiz Washington, DC, June 25, 1998. Congresswoman WILSON won a most Allen Hefley Owens impressive victory in gaining election Andrews Hefner Pallone Hon. NEWT GINGRICH, Baker Hill Paul The Speaker, to the House. Many of us watched this Baldacci Hilleary Payne House of Representatives, Washington DC. race with significant interest and were Barcia Hilliard Pelosi DEAR MR. SPEAKER: I have the honor to involved in her successful election to Barrett (WI) Hinchey Peterson (MN) transmit herewith a copy of a certificate of Congress. I thank each and every one Becerra Holden Petri unofficial vote totals received from The Hon- Pomeroy of my colleagues for their efforts on Bentsen Hooley orable Stephanie Gonzales, Secretary of Poshard her behalf. Berry Hostettler State, State of New Mexico, which indicates Bishop Jackson (IL) Rahall I look forward to working with the Rangel that, according to the unofficial vote totals Blagojevich Jackson-Lee Rivers gentlewoman from New Mexico (Ms. Blumenauer (TX) received by the nominees whose names ap- Rodriguez ILSON Borski Johnson (WI) peared on the 1998 Special Election Ballot of W ) in Congress on behalf of many Roemer Boswell Johnson, E. B. June 23, the Honorable Heather Wilson was principles each of us hold dear to our Rohrabacher Boucher Kanjorski elected Representative in Congress for the Rothman hearts, such as education, a strong na- Boyd Kaptur Roybal-Allard First Congressional District, State of New tional defense, a simpler and fairer tax Brady (PA) Kennedy (MA) Royce Mexico. system, among a host of other issues Brown (CA) Kennedy (RI) Rush With warm regards, Brown (FL) important to our State and Nation. Kennelly Sanchez ROBIN H. CARLE, Brown (OH) Kildee Sanders Clerk. I welcome the gentlewoman from Capps Kind (WI) Sandlin New Mexico (Ms. WILSON) to Congress, f Cardin Kleczka Sanford and I wish her the best of success in Clay Klink Sawyer Clayton Kucinich Schaffer, Bob SWEARING IN OF THE HONORABLE representing the people from New Clement LaFalce Schumer HEATHER WILSON, OF NEW MEX- Mexico’s First Congressional District. Clyburn Lantos Scott ICO, AS A MEMBER OF THE It is up to her now. Thank goodness for Condit Lee Sensenbrenner her being here with us. Conyers Levin Sherman HOUSE Costello Lipinski Slaughter Mr. ARMEY. Mr. Speaker, I ask f Cox Lofgren Smith, Linda unanimous consent that the gentle- Coyne Lowey Snyder TAKING OFFICE WITH INTEGRITY, Cramer Luther Spratt woman from New Mexico, Ms. HEATHER COURAGE AND ENERGY Crane Maloney (CT) Stabenow WILSON, be permitted to take the oath Cummings Maloney (NY) Stark of office today. Her certificate of elec- Ms. WILSON. Mr. Speaker, I want to Davis (FL) Manton Stearns thank all of you so much for your help, Stenholm tion has not yet arrived, but there is no Davis (IL) Martinez your support, your words of wisdom, DeFazio Mascara Stokes contest; and no question has been DeGette Matsui Strickland raised with regard to her election. and your words of kindness throughout Delahunt McCarthy (MO) Stupak The SPEAKER. Is there objection to the special election. Without your sup- DeLauro McDermott Tanner Tauscher the gentleman from Texas? port, I would not be here today, and Deutsch McGovern without the support of the people of Doggett McHale Taylor (MS) There was no objection. Dooley McIntyre Thompson The SPEAKER. The Representative- the First District. Doyle McKinney Thurman It is now time to roll up my sleeves, Tierney elect and the Members of the New Mex- Edwards McNulty to take up the work which Steve Schiff Engel Meehan Towns ico delegation may come forward. Velazquez left off too soon, and to represent the Ensign Meek (FL) Ms. WILSON appeared at the bar of Vento Eshoo Meeks (NY) people of the First District with honor, Waters the House and took the oath of office, Etheridge Menendez Watt (NC) as follows: with integrity, and with every ounce of Evans Millender- Weller courage and energy that I can summon. Filner McDonald Do you solemnly swear that you will Wexler Ford Miller (CA) support and defend the Constitution of I look forward to that challenge, and I Weygand look forward to serving with each of Frank (MA) Minge Wise the United States against all enemies, Frost Moran (KS) Wynn foreign and domestic; that you will you. Furse Moran (VA) Yates I wanted to thank my family, who is Gejdenson Nadler bear true faith and allegiance to the Gephardt Neal same; that you take this obligation here with me, for their love and their Goodlatte Oberstar freely, without any mental reservation support. I wanted to thank all of you Green Obey or purpose of evasion, and that you will again. I look forward to serving with you. NOT VOTING—19 well and faithfully discharge the duties of the office on which you are about to f Brady (TX) Hutchinson Moakley enter. So help you God. Dingell Klug Reyes PERSONAL EXPLANATION Gonzalez Lampson Turner The SPEAKER. Congratulations. Gordon Lewis (GA) Waxman f Mrs. EMERSON. Mr. Speaker, yester- Hamilton Markey Weldon (PA) day on rollcall No. 264, Agriculture ap- Hinojosa McDade INTRODUCTION OF THE Hulshof McIntosh propriations, I was unavoidably de- HONORABLE HEATHER WILSON tained. Had I been present, I would have voted yes. b 1533 (Mr. SKEEN asked and was given per- mission to address the House for 1 f Ms. ROYBAL-ALLARD and Messrs. minute and to revise and extend his re- CONFERENCE REPORT ON H.R. 2676, ROHRABACHER, RANGEL and marks.) INTERNAL REVENUE SERVICE MCINTYRE changed their vote from Mr. SKEEN. Mr. Speaker, as the dean RESTRUCTURING AND REFORM ‘‘yea’’ to ‘‘nay.’’ of the New Mexico delegation in the House, it is my distinct pleasure and ACT OF 1998 Ms. WOOLSEY changed her vote honor to welcome and congratulate the Mr. ARCHER. Mr. Speaker, pursuant from ‘‘nay’’ to ‘‘yea.’’ newest Member of the House of Rep- to House Resolution 490, I call up the So the bill was passed. resentatives, the Honorable Heather conference report on the bill (H.R. 2676) Wilson of Albuquerque, New Mexico. to amend the Internal Revenue Code of The result of the vote was announced Congresswoman WILSON won this 1986 to restructure and reform the In- as above recorded. week’s special election in New Mexico’s ternal Revenue Service, and for other A motion to reconsider was laid on First Congressional District, which was purposes, and ask for its immediate the table. vacated in March by the untimely consideration in the House. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5353 The Clerk read the title of the bill. individual lives of each of us. By dis- people that really believe that the tax- The SPEAKER pro tempore (Mr. solving the bonds which allowed the payer has been and should be entitled PEASE). Pursuant to House Resolution IRS to seize homes and freeze bank ac- to more protection. 490, the conference report is considered counts, we serve taxpayers whose life, We will have a motion to recommit read. liberty and pursuit of happiness had perhaps that could perfect the bill and (For conference report and state- been infringed. We remind a free Na- make it all that it could be, but I ment, see proceedings of the House of tion that earnings belong to those who would publicly like to thank the chair- Wednesday, June 24, 1998, at page make them, not to a government with man of the full Committee on Ways H5100.) the power to take them. and Means as well as the leadership in The SPEAKER pro tempore. The gen- This bill strikes the right balance be- the other body for coming up with a tleman from Texas (Mr. ARCHER) and tween granting taxpayers the freedom bill that would improve the protections the gentleman from New York (Mr. to pay their taxes without abuse while for taxpayers and at the same time be RANGEL) each will control 30 minutes. providing the tools necessary to fund a piece of legislation that can be sup- The Chair recognizes the gentleman the government. I am very proud of ported by the administration and from Texas (Mr. ARCHER). this Congress for today’s action. We should make Members of this House GENERAL LEAVE are indeed leading the Nation in the and this body proud. Mr. ARCHER. Mr. Speaker, I ask right direction. Mr. Speaker, I reserve the balance of unanimous consent that all Members I am proud to belong to a Republican my time. have 5 legislative days in which to re- Congress that has balanced the budget, Mr. ARCHER. Mr. Speaker, I yield vise and extend their remarks and in- cut taxes, fixed welfare and now we 51⁄2 minutes to the gentleman from clude extraneous material on the con- have protected taxpayers from IRS Ohio (Mr. PORTMAN), a gentleman to ference report on H.R. 2676. abuses. I am also proud to be a part of whom all of us owe an enormous debt The SPEAKER pro tempore. Is there a Republican Congress that has proved of gratitude, because he was the co- objection to the request of the gen- that it can work on a bipartisan basis chairman of the restructuring commis- tleman from Texas? across the aisle to bring this wonderful sion that spent 1 year evaluating the There was no objection. bill to the American people. If there IRS and bringing to us a recommenda- was ever a done-something Congress, tion which is basically intact as a re- b 1545 this is it. sult of our efforts. Mr. ARCHER. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of Mr. PORTMAN. Mr. Speaker, I thank myself such time as I may consume. my time. the gentleman for yielding me this Mr. Speaker, today is a great day for Mr. RANGEL. Mr. Speaker, I yield time, for those kind words and for all the American taxpayer. As families myself such time as I may consume. his leadership on this legislation. gather together next week to celebrate Let me thank the gentleman from It was exactly one year ago today the Fourth of July, a day that recog- Texas (Mr. ARCHER), my chairman, for that the National Commission on Re- nizes the independence of all Ameri- allowing me to be a part of his Repub- structuring the Internal Revenue Serv- cans, they can be proud to know that lican Congress, and to laud him for ice announced its recommendations this Congress has secured for them bringing about this Republican surplus, after a year-long audit of the IRS. That greater independence from the excesses and also the Republicans for bringing commission has been referred to by the of the IRS than have ever been granted about this great economic boom which gentleman from New York and by the since 1952. we enjoy. God knows what we would chairman. It was cochaired by Senator The plan we vote on today gives have done without you, but I hope next BOB KERREY of Nebraska and myself. David the taxpayer an arsenal of pow- year we will find out. What we did was to recommend the erful slingshots to use against Goliath I do have to agree on this bill that first comprehensive changes to the IRS the IRS. Reform of the IRS has been the chairman of the committee as well since 1952. When we released our re- long overdue and I am delighted that as the Senate have shown an extreme port, again a year ago today, to fun- Congress is passing legislation that bipartisan effort to bring about damentally reform the IRS, change the puts the legitimate rights of the tax- changes that were needed in the Inter- way it does business and protect tax- payer first. Our plan shifts the burden nal Revenue Service. I really enjoyed payers, I cannot say that everybody in of proof off the taxpayer and onto the working with the chairman and the Washington was hoping that it would IRS. No longer will taxpayers have to Senate, because we got away from the end up here on the floor. In fact there prove in court their innocence but, rhetoric of pulling out the code by the were many who probably hoped it rather, the IRS will have to prove li- roots, beating up on the dedicated pub- would gather dust on a shelf, including ability. It gives taxpayers 74 new rights lic servants, and started working with some in the Clinton administration. At and protections, including protections the commission which the gentleman that time there was opposition from for innocent spouses, usually women, from Pennsylvania (Mr. COYNE) of the the Treasury Department over the de- and it creates an independent oversight Committee on Ways and Means and the gree to which we were reforming the board to get the IRS under control. gentleman from Ohio (Mr. PORTMAN) IRS. Plus, we reduce the complexity that had worked on, working with the ad- The next step in that process was leg- 16 million Americans endured when ministration and the other body to see islation. The gentleman from Maryland they filled out their difficult Schedule what we could do to bring about (Mr. CARDIN) and I introduced House D IRS capital gains tax forms. By change, and through hard work and legislation, and Senators KERREY and changing the holding period from 18 mutual respect, we were able to do it. GRASSLEY introduced legislation in the months to 12 months, we bring greater Not only do we bring in professionals Senate that was based on those rec- simplicity to the lives of taxpayers. to provide oversight, have additional ommendations. And then it was the Mr. Speaker, as important as this bill management flexibility, but we ex- chairman who prioritized it, put the is to more than 100 million Americans panded electronic tax filing and Committee on Ways and Means at the who dutifully fill out their tax forms worked with the administration to front of this effort, and moved the leg- every year, this bill is also about our make certain that the oversight board islation so expeditiously. Again this values and our priorities. It is about had representation not only from the was before the legislation was as wide- right and it is about wrong. It is about private sector but from the employees. ly acclaimed as it will be today, I putting the taxpayer first and the IRS Taxpayers’ rights were protected. In- think, as we have listened to Members second. It has been the other way nocent spouse relief was given. And speak on the floor. around for entirely too long. even though there are some provisions Mr. Speaker, Americans are grateful What we do today is very much in in the bill that have absolutely nothing for the leadership the gentleman from the spirit of July 4. Today we enhance to do with reform, these were the perks Texas showed and that the committee the power of the individual and we re- and privileges of the majority and we showed on a bipartisan basis. This is duce the power of an abusive arm of thought that the President should sup- the agency that directly impacts the the government that intrudes into the port the entire bill, as do most of the lives of more Americans than any H5354 CONGRESSIONAL RECORD — HOUSE June 25, 1998 other agency of government. Of course Pennsylvania Avenue, that in fact on Restructuring the Internet Revenue Service we owe it to the taxpayers to pass this much of the blame resides right here in for important work on this legislation. We bill today, and I am very confident the Capitol. As a result of our work, would not have the strong reform legislation that we will. there are three significant congres- before us today without the hard work and pa- But let me say something else. I sional accountability provisions. tience of these individuals. They staffed doz- think that once we have finished our First, we streamline congressional ens of public hearings, 3 town-hall meetings voting today and we are done congratu- oversight, requiring the seven commit- around the country and hundreds of hours of lating ourselves over this very good tees to come together and coordinate closed-door sessions with Restructuring Com- legislation this afternoon, we then their activities, including one man- mission members. They also interviewed hun- have to turn our focus to the real work. dated meeting a year to review the IRS dreds of present and former IRS officials, rep- We owe it to the taxpayers to ensure budget, review the IRS strategic plan, resentatives of key stakeholder groups, and that the provisions in this legislation and send a clear and consistent mes- average taxpayers. The product of their work are actually implemented, and we owe sage from Capitol Hill to the IRS. is the Commission's final report, ``A Vision for it to them because we have to ensure Second, we get the IRS at the table a New IRS,'' which served as the foundation that we do have a fundamental cultural as the committees are working on tax of the legislation we have before us today. change at the IRS. legislation to ensure that on a more Congress, and the taxpaying public, thank Members have heard about some of consistent basis we get expertise from them for their fine efforts. the bill’s key provisions from the gen- the field to be sure that tax law The Commission staff members were: Jeff- tleman from Texas and the gentleman changes are going to actually work to ery Trinca, Chief of Staff; Anita Horn, Deputy from New York. Let me just say it is a help the taxpayer and can work within Chief of Staff; Douglas Shulman, Senior Policy very comprehensive approach. It con- the IRS system, what new forms or Advisor and Chief of Staff from June to Sep- tains a wide range of reforms. When schedules will be required, how is that tember of 1997; Charles Lacijan, Senior Policy you take those reforms as a whole, it going to affect the IRS, how is that Advisor; Dean Zerbe, Senior Policy Advisor; will transform the IRS from an anti- going to affect individuals. Armando Gomez, Chief Counsel; George quated sort of an enforcement mental- Finally, and perhaps most signifi- Guttman, Counsel; Lisa McHenry, Director of ity to a modern, more taxpayer serv- cantly, it requires Congress to conduct Communications and Research; James Den- ice-oriented organization. It will a new taxpayer complexity analysis of nis, Counsel; John Jungers, Research Assist- refocus the mission of the IRS to pro- every new piece of tax legislation that ant; Andrew Siracuse, Research Assistant; vide respectful and efficient service to reaches the House or Senate floor. It Damien McAndrews, Research Assistant; the taxpayer. will work kind of like the budget scor- Margie Knowles, Office Manager; and Janise It does so in a number of different ing process. We will now be forced to Haman, Secretary. ways. One is by creating this new over- ‘‘score’’ tax legislation to see what its Mr. RANGEL. Mr. Speaker, I yield 3 sight board that the gentleman from complexity is for the taxpayer and for minutes to the gentleman from Mary- New York mentioned. This is unprece- the IRS. And in the House we put teeth land (Mr. CARDIN) who worked very dented in government. We will have in that with a point of order to make hard in making this reform possible. nine members of the board, mostly sure that it actually happens. This will Mr. CARDIN. Mr. Speaker, I thank from the private sector, who will bring force us to consider the implications of the gentleman from New York (Mr. needed expertise and customer service, what might otherwise be great sound- RANGEL) for yielding me this time. I information technology, and how to ing tax legislation. rise in support of the conference report transform a large service organization. Again, for the first time ever now we on H.R. 2676. They will be there to ensure that the will have incentives in place that actu- Mr. Speaker, more than a year ago IRS will be more accountable to the ally encourage us to simplify rather the gentleman from Ohio (Mr. taxpayer and be more accountable over than all the incentives that are out PORTMAN) came over to meet with me a long period of time. there right now for more complexity. about the work that he was doing as It does so by leveling the playing Anybody who looked at this year’s chairman of the National Commission field between the taxpayers and the Schedule D for capital gains knows on Restructuring the Internal Revenue IRS. It has over 50 new taxpayer rights. what we are talking about. Service. It led to the introduction of These include shifting the burden of There are a lot of other provisions in H.R. 2292. The gentleman from Ohio proof from the taxpayer to the IRS in this bill. We do not have time to men- impressed upon me his commitment to court cases, providing long overdue re- tion them all. Suffice it to say the restructure the IRS and have legisla- lief for innocent spouses, most of whom overall package will ensure that the tion on this floor in a bipartisan man- are women who are unfairly targeted IRS will now work for the taxpayer ner. today by the IRS; it creates new due rather than the other way around. Mr. Speaker, I want to congratulate process rights for taxpayers, and even Let me close with one final point, if and compliment the gentleman from creates the right to be compensated for I might. On a bipartisan basis within a Ohio for his professionalism and the overzealous IRS actions. short period of time, this Congress for way that he acted in such a bipartisan Very importantly, the legislation the first time in 46 years fundamen- manner. As a result, I agree with the also reforms the IRS management tally restructured the second biggest gentleman from Texas (Mr. ARCHER) as structure to increase accountability agency in government to make it far to why we have such an outstanding and performance. It gives the IRS Com- more responsive to taxpayers. That is bill before us. The gentleman from missioner new personnel flexibilities to in large measure because of the leader- Ohio deserves the thanks of all of us. drive change through the agency, such ship of this Congress. NEWT GINGRICH To the gentleman from Texas and the as the ability to bring in experts from took personal interest in this, talked Committee on Ways and Means, I want the private sector at a high level in the to the Commission, supported it, expe- to congratulate them for the work that IRS, the ability to reward IRS employ- dited it. It is also, of course, the result our committee did. It was outstanding ees for taxpayer service, and fire em- of the hard work and dedication of the in considering this legislation and ployees who provide inferior service. It Restructuring Commission, its staff; moving it forward. To the gentleman also increases the accountability of the Committees on Ways and Means from New York (Mr. RANGEL), the IRS employees and managers in the and Finance. Barbara Pate of my own ranking member, for his advice and collection area to stop the tactics of staff put many hours into this project. leadership during this process, I also intimidation. I think the process worked, though, be- want to extend congratulations. Finally, and significantly, let me just cause we took partisanship out and b emphasize that the bill will increase brought expertise in. It just might be a 1600 congressional accountability for the model for other challenging issues we Senior officials of the Clinton admin- IRS. That is a major victory for those face. I again commend the chairman istration were extremely helpful to us, of us in this body, in the House, who for his work. including Secretary Rubin who has al- believe that it is not enough just to Mr. Speaker, I would like to take a moment ready provided strong leadership in re- point the finger at the other end of to thank the staff of the National Commission forming the Internal Revenue Service. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5355 And finally, Mr. Speaker, I think we My colleague, the gentleman from few twists. We have a new provision should all thank the hardworking Fed- Ohio (Mr. PORTMAN) who more than which includes tax relief to employers eral employees at the IRS who have any other Member of this Chamber is who provide meals to more than half of been critical to this reform effort. Yes, responsible for this package has de- their employees on employers’ prem- we have heard stories of abusive behav- tailed some of its provisions. The ises. I wish I had known about that ior by a handful of rogue IRS agents, major ones: The burden of proof is provision before the conference com- but we all understand that the vast shifted; an independent board is cre- pleted its work. I have no problem with majority of the rank and file IRS work- ated to oversee IRS policies; an inno- helping workers who have to eat where ers do a very difficult job and they de- cent spouse provision is added; and new they work. Perhaps this provision will serve our thanks. incentives are created to encourage the also benefit some hospitality workers This conference report includes some filing electronically of tax returns in Florida. very strong new provisions on tax- which will save millions of dollars for But let me tell my colleagues about a payers’ rights and taxpayer protection the taxpayers. letter that I received from the wife of provisions, and I am pleased that we I also want to note there is an impor- a trucker in my district. He was on the have improved the innocent spouse pro- tant unrelated truth-in-labeling provi- road nearly 300 days last year. The law visions, unfair imposition on tax liabil- sion included in this conference report, allows him to deduct only 50 percent of ity. We shift the burden of proof in cer- an important trade provision that will the cost of his on-road meals. His wife tain court-litigated cases back to the substitute the term ‘‘normal trade re- wants truckers to deduct 100 percent of IRS, where it should be, and we provide lations’’ in place of the currently used their on-road meals. That makes sense relief for penalties and interest for and much misunderstood ‘‘most-fa- to me, and I think the committee many taxpayers who deserve that help. vored-nation’’ status with regard to should consider the needs of these But the success of IRS reform will trade. This will go far to improve the struggling taxpayers, too. not be the passage of this bill, but the accuracy and tenor of our debates on But despite the politics that delayed implementation of the bill. We have set trade issues. the policy, I think the legislation helps the stage where we can really improve Mr. Speaker, this is long-awaited, bi- American taxpayers, and I urge the the structure of our tax-collecting partisan legislation that should be House to approve it. agency. Commissioner Rossotti has al- swiftly acted on by both the House and Mr. ARCHER. Mr. Speaker, I yield 2 ready started to make some of these Senate and hopefully receive the Presi- minutes to the gentleman from Ari- changes but he needed this bill which dent’s signature. I rise in strong sup- zona (Mr. HAYWORTH), a respected establishes the oversight board that port of this legislation. member of the Committee on Ways and will work with Commissioner Rossotti Mr. RANGEL. Mr. Speaker, I yield Means. to carry out these badly needed re- 21⁄2 minutes to the gentlewoman from Mr. HAYWORTH. Mr. Speaker, I forms. Florida (Mrs. THURMAN). thank the gentleman from Texas (Mr. As the gentleman from Ohio (Mr. Mrs. THURMAN. Mr. Speaker, I ARCHER) for yielding this time to me, PORTMAN) pointed out, it is not only thank the conference members because and, Mr. Speaker, I come to the well in the oversight board, but it is also pro- I think they have done a relatively strong support of this conference re- viding for Congress to take a more re- good job. As my colleagues know, quite port and the work performed by both sponsible oversight attitude on looking frankly I wish this would have passed Chambers on this hill. at the IRS and to pass bills that make earlier in the year where people would Mr. Speaker, there are many provi- sense from tax simplification so the have had an opportunity to have these sions that have been outlined, but in IRS can do its job. changes available to them today, and I addition to the provisions, we can put Mr. Speaker, today we pass the IRS faces and names on those families di- reform bill. I am very pleased that we am going to support the conference re- rectly affected, sadly, by what must be have been able to do it. But that should port because it does include IRS reform termed as IRS abuse. not be the end of our interests in the and IRS responsibility and because I I think of a man from Arizona, Bob Tax Code. We all have responsibility to like the taxpayer protection provi- Breauxcamp, and the story of his make the Tax Code more simple, more sions. granddad who inadvertently sent a tax efficient and more fair. I hope that the Earlier this year I attended a hearing payment of $7,000 to the IRS when he leadership of this House will move for- with Senator BOB GRAHAM at which only owed $700, how he was aged and ward with tax reform as it relates to Florida taxpayers talked about their infirmed, and upon his death then the the Tax Code itself. I look forward to experiences with the IRS. I heard from IRS sought estate taxes from his the enactment of this bill and working women who had no idea of their with the other Members on reforming spouse’s tax irregularities but who daughter, Bob’s mom, and she discov- our Tax Code. were being penalized by the IRS. I also ered the overpayment; how the IRS Mr. ARCHER. Mr. Speaker, I yield 2 heard about penalties imposed for said, no, that money will not go back minutes to the gentleman from Penn- small underpayments that continued to his estate and how that overpay- sylvania (Mr. ENGLISH) a respected even after offers were made to the IRS. ment, through an oversight in law and, member of the Committee on Ways and Such administrative inflexibility con- yes, I dare say, abuse by the IRS was Means. tributes to the distrust of IRS and our never returned to the Breauxcamp fam- Mr. ENGLISH of Pennsylvania. Mr. tax system. Fortunately the conference ily. Speaker, I thank the gentleman from report makes changes that will help Mr. Speaker, today with passage of Texas (Mr. ARCHER) for yielding this these taxpayers. this conference report, we provide for a time to me. Mr. Speaker, the innocent spouse re- wide array of reforms. But to the aged Today the House completes an ambi- lief is long overdue. The suspension of and the infirm, to those who have been tious project it only undertook last interest and penalty is a small step in taken advantage of in this process, we year, the first comprehensive overhaul the right direction. become their advocates. That is an- of the Internal Revenue Service since In addition, this legislation will other key provision we should support. Harry Truman served in the White make the IRS more efficient by im- As mentioned earlier, the innocent House. proving oversight and imposing respon- spouse provision is vitally important I rise in strong support of the con- sibility on employees for improper ac- and most fundamental to our notion of ference report on the IRS Restructur- tions. The IRS must treat the Amer- fairness in this country, the basic ing and Reform Act. It will protect tax- ican people with respect, and this bill premise of American jurisprudence payers by increasing oversight of the will ensure that IRS employees under- which says that the accused is entitled agency, hold employees of the IRS ac- stand that fact. to the presumption of innocence. What countable for their actions and create a But as occurs too often here, politics was deprived in Tax Court is restored new arsenal of taxpayer protections. got the benefit of policy for 6 months. henceforth with passage of this legisla- These reforms go a long way toward re- Good legislation was delayed. Now we tion. The burden of proof will rest on storing the basic rights of all Ameri- have a bill very similar to what the the government instead of the tax- cans who deal with the IRS. House approved in November with a payer. H5356 CONGRESSIONAL RECORD — HOUSE June 25, 1998 I urge passage of the conference re- Under current law, a taxpayer is gen- sector know-how into the technology port. erally required to maintain records development and the management of Mr. RANGEL. Mr. Speaker, I yield 3 substantiating the calculation of his or the IRS will create a model for revital- minutes to the gentleman from Massa- her income tax liability. In civil mat- izing our government agencies. chusetts (Mr. NEAL) a member of the ters, the burden is placed on the tax- But reform of the IRS requires re- Committee on Ways and Means. payer because the taxpayer controls form of the congressional oversight Mr. NEAL of Massachusetts. Mr. the facts and the record. process. At the moment, no fewer than Speaker, I rise in support of this con- Now this shift in the burden of proof six committees, not to mention their ference agreement on the Internal Rev- could have unintended consequences, subcommittees, on both sides of the enue Restructuring and Reform Act of and we should acknowledge that today. Capitol, tug the IRS in different and 1998. It could result in the IRS conducting often conflicting directions. This bill There is no question that this legisla- more intrusive examinations and the takes an important first step toward tion will provide better oversight, IRS issuing more subpoenas and sum- streamlining Congressional oversight. greater continuity of leadership and monses to third parties in search of It provides for annual joint hearings by improved access to expert advice from evidence, and I am concerned that this Republicans and Democrats from the the private sector, and additional man- provision would induce taxpayers not House and Senate tax-writing, appro- agement flexibility. There has long to keep records. But I am pleased that priations and government oversight been agreement of the need for fun- the conference agreement requires a committees. The hearings will focus on damental reform of the IRS, and I com- taxpayer to keep records in order to be the IRS strategic plan, budget and per- mend the work done by the National eligible for this provision. formance. If we expect the IRS to Commission on Restructuring. I sup- Our tax system is voluntary, and we change its ways, we in Congress must ported the majority of recommenda- have an overall compliance rate of 85 do no less. The measure builds on the protec- tions made by the National Commis- percent. The individual compliance sion, and I am pleased that further im- tions provided in the Taxpayer Bill of rate is 97 percent, and we should never provements have been made to this ini- Rights II developed by the Committee lose sight of those respective achieve- tial legislation introduced by the gen- on Ways and Means Subcommittee on ments. tleman from Ohio (Mr. PORTMAN) and Oversight and enacted by the last Con- Mr. ARCHER. Mr. Speaker, I yield 5 the gentleman from Maryland (Mr. gress. minutes to the gentlewoman from Con- CARDIN). Mr. PORTMAN and Mr. CARDIN I am especially pleased that the tax- necticut (Mrs. JOHNSON) the chairman did work diligently to modify the origi- payer rights provisions will strengthen of the Subcommittee on Oversight of nal bill to reflect the concerns of many the protections for innocent spouses. the Committee on Ways and Means, of us on the Committee on Ways and Of all the horror stories that have sur- who has also done a tremendous Means. faced in recent years, none have been Mr. Speaker, I believe that the Con- amount of work in building this pack- more heartbreaking than those involv- stitution requires that the IRS com- age. ing innocent spouses, taxpayers who in missioner be appointed, hired and, if Mrs. JOHNSON of Connecticut. Mr. many cases have been left to rear their necessary, fired by the President. The Speaker, first I want to congratulate children as single parents, only to find legislation before us today keeps the the gentleman from Texas (Mr. AR- their former spouses have saddled them President ultimately responsible for CHER) the chairman of the Committee with crushing tax debt. the actions of the IRS and the deci- on Ways and Means for not only his Many of these horror stories have sions of its commissioner, while the long investment and commitment to been going on for years without the Department of Treasury would still this bill, but the depth of knowledge IRS helping the spouses who are seek- have a role in the oversight and man- that he has of it, and of the issues ad- ing relief from mounting tax liabil- agement of IRS. dressed in it and of his leadership as a ities, interest and penalties. I have A key component of the bill is a sec- conferee negotiating a bill that will be seen dozens of letters from innocent tion referred to as Taxpayer Rights III. good for the taxpayers and a credit to spouses who find themselves in this These provisions will provide new pro- this Congress. kind of jam. tections and assistance to millions of b 1615 In March of 1995, the Committee on taxpayers. Ways and Means Subcommittee on During passage of the bill I was spe- Today is a great day for taxpayers. Oversight held a hearing to explore the cifically concerned about two addi- With enactment of the IRS Restructur- development of the Taxpayer Bill of tional provisions. First I was concerned ing Reform Act, we are going to fun- Rights II. In particular, we were inter- about the authority given to the damentally change the culture of the ested in finding out whether the cur- newly-created IRS Oversight Board. IRS, and not a moment too soon. rent joint and several liability rules This board has the authority to review Earlier this year, I asked my con- were equitable and whether innocent and approve strategic plans at the IRS stituents to evaluate the performance spouse rules were adequate. The long and review and approve the commis- of the IRS in a survey of taxpayers in and the short of it is, we required the sioner’s plans for major reorganization. the 6th Congressional District. Fifty- Treasury Department and the General The bill was not clear on what hap- four percent of the respondents gave Accounting Office to study those rules, pens to our tax administration system the agency a D or an F. That is unac- report back to us concretely, and using under these new authorities if a con- ceptable. It is appalling. It is unfair to that information, this conference has sensus is not reached among board taxpayers, to the honest, hard-working taken the final step to provide signifi- members or the IRS commissioner and people of America who support their cant broad-based, fair, honest, innocent Treasury Secretary in disagreement government. But it is equally unfair to spouse provisions to relieve the cir- with views of private sector individ- the conscientious men and women who cumstances of these disadvantaged, un- uals. I am pleased that the conference work for the IRS, that the unchecked, fortunate, hard-working taxpayers. has addressed this issue. irresponsible actions of a few have un- But innocent spouse relief is not the Second, I am concerned about the dermined public confidence in their only one of the more than 50 taxpayer provision in the shift of the burden of work. rights we will enact in this legislation. proof which should not be treated We need stronger management, The bill will shift the burden of proof lightly. The conference agreement stronger congressional oversight and to the IRS in court proceedings, as you shifts the burden of proof to the Sec- stronger taxpayer rights. The measure have heard; prohibit the IRS from seiz- retary of Treasury in any court pro- before us today provides all three. The ing a taxpayer’s home without a court ceeding with respect to a factual issue IRS oversight board created by this bill order, no less protection should be of- if the taxpayer enters credible evidence will bring private sector knowledge fered; expand the authority of the tax- with respect to the factual issue rel- into the management of the IRS, so the payer advocate to assist taxpayers, and evant to ascertaining the taxpayer’s li- IRS can begin the 21st century as a that is, after all, their job; strengthen ability for income estate and gift state-of-the-art, customer-oriented due process rights for taxpayers in col- taxes. service organization. Infusing private lection activities; suspend interest and June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5357 certain penalties when the IRS does people; cut school-to-work by $100 mil- with an inflated tax bill, compounded by inter- not provide appropriate notice to a tax- lion; cut $250 million from the Presi- est and penalties the IRS incorrectly added to payer within 18 months after a return dent’s request for training and job op- the total. is filed; and extend the client-attorney portunities for poor young people; cut The IRS demanded full payment of three privilege to accountants and other tax Title I by $437 million, that would thousand dollars which she could not afford. practitioners. eliminate reading and math help for This poor woman was hounded by an individ- Mr. Speaker, Mark Twain once said 520,000 disadvantaged children; cut $140 ual agent who literally told her she was spend- that everyone complains about the million for mentoring and tutoring. ing too much money on groceries and other weather, but no one does anything The list is too long. I do not have time basic necessities and should instead send about it. Perhaps the same could be to go through all the cuts. those monies to the IRS. Eventually, she was said of the IRS. The complaints are le- We are right back to where we start- forced to move out of her home and leave the gion. Today we are doing something ed from three years ago: tax cuts for state to live with a relative. There she re-filed about it. the wealthy, paid for by cuts on the her taxes and found an IRS office willing to Mr. RANGEL. Mr. Speaker, I yield 3 poor and the middle class. That is the fairly resolve her case. She settled the case minutes to the gentleman from Mis- program of the Republican Party. They by paying four hundred and fifteen dollars, souri (Mr. GEPHARDT), our minority are right back at it. We are right back rather than the three thousand she was told leader, who made certain that par- where we started from. There is plenty she owed by the Georgia agent. tisanship did not enter into the debate of time for tax cuts for the wealthy; While her case was eventually resolved, the in restructuring the IRS, and one who there is no time for the middle class, unnecessarily long process, and the abusive approach by the IRS completely changed her insists on equity in the Tax Code. there is no time for the poor. Mr. GEPHARDT. Mr. Speaker, I I urge Members to vote for the mo- life forever. Mr. Speaker, this legislation will provide thank the gentleman for yielding me tion to be offered by the gentleman many new protections to ensure that these time. from Washington (Mr. MCDERMOTT) to Mr. Speaker, I rise in support of this abuses end. No citizen should fear their gov- recommit that will take out this ill- ernmentÐor any agency of their government conference report. I believe that what considered, wrongful tax cut for the such as the IRS. has been done to reform the IRS is im- wealthiest of the wealthy. We can do Mr. RANGEL. Mr. Speaker, I yield 2 portant. It is supported by the Presi- that this afternoon. minutes to the gentleman from North dent, supported by Members on both Mr. ARCHER. Mr. Speaker, I yield 2 Carolina (Mr. ETHERIDGE). sides of the aisle, and I intend to vote minutes to the gentleman from Geor- Mr. ETHERIDGE. Mr. Speaker, I rise for it. gia (Mr. COLLINS), another respected today in support of this bill to reform However, there was a provision that member of the Committee on Ways and the Internal Revenue Service. I want to was slipped into the conference which, Means. thank my friend, the gentleman from frankly, is irrelevant to the substance (Mr. COLLINS asked and was given New York (Mr. RANGEL) for yielding of this bill. What was slipped into the permission to revise and extend his re- this time, and also the gentleman from conference was to change the holding marks.) Texas (Chairman ARCHER). period on certain capital gains from 18 Mr. COLLINS. Mr. Speaker, I thank Mr. Speaker, it is a great day for months to 12 months. It seems that the chairman for yielding me time. America and a great day for North some in the majority in this House Mr. Speaker, as one small representa- Carolina taxpayers and working fami- cannot resist any opportunity to try to tive, I rise in support of this conference lies. We are eliminating the cruel and put another tax break in tax legisla- report. This legislation will provide unusual punishment that has been in- tion to help the wealthiest of the many new protections to ensure that flicted upon too many law-abiding citi- wealthy. IRS abuse ends. zens and businesses. Americans will fi- Here is a chart which shows who gets Mr. Speaker, no citizen should fear nally have the comprehensive reform the benefit of changing the time that their government nor any agency of of the IRS that they deserve. you have to hold certain capital gains their government. Unfortunately, Working families and small busi- to receive the capital gains benefit today, many citizens fear the IRS. nesses in North Carolina and across from 18 to 12 months. Mr. Speaker, I rise today on behalf of the this country face enough challenges in Bob Dole, a former Senator, had a residents of the Third District of Georgia who their lives without the added burden, bill a number of years ago that would are tired of being threatened and harassed by as we have heard, of some of the IRS change capital gains to make them all IRS agents. Throughout the hearing process agents; not all, but some. If a criminal time-sensitive. That probably makes on this legislation we heard example after ex- has a right to the presumption of inno- sense. When the bill was passed to ample of how certain IRS employees believe cence in our courts, the American tax- change the capital gains rate last year, they have the authority to threaten, harass payer should at least have that same we began to move in that direction by and intimidate individuals involved in tax dis- right when they are dealing with the having an 18-month waiting period. putes. Mr. Chairman, this is wrong and it must IRS and their government. I am glad this Congress has given the Now, the first chance that is ob- be stopped. highest priority to reforming the IRS. tained, we are going back to a 12- Not every IRS employee is unscrupulous. That is why in April I coauthored a bi- month holding period. The Speaker of There are indeed many who work with con- partisan letter with Democratic fresh- the House announced yesterday he stituents to fairly resolve tax disputes. How- men members of this class of Congress wants to take the capital gains rate ever, even in Georgia there are agents who in urging Congress to pass IRS reform from 20 to 15 percent. I suppose the ul- routinely abuse and intimidate citizens. this year. timate goal is what the gentleman Mr. Speaker, any member of this chamber Today this Congress takes a strong from Texas (Mr. ARMEY), the majority could use all of the debate time just citing bipartisan step forward for working leader, has said over and over again, cases where citizens have been harassed by families by enacting the first com- and that is to have a capital gains rate agents. prehensive reform of the IRS since 1952. of absolutely zero. Absolutely zero. In my District, there was a retired couple I am pleased to support this bill to re- Now, while this is going on and while making monthly payments on a tax debt that form the IRS, which will make our gov- we are tucking in provisions that help had arisen because the government had failed ernment fairer and more efficient for the wealthiest of the wealthy, let us to withhold the proper amount of taxes from the hard working, God-fearing citizens look at what is happening in the Com- the husband's government retirement check. of North Carolina and America. mittee on Appropriations of our House After working out a pay plan with the IRS, the Mr. Speaker, I do hope we will vote of Representatives. A proposal to cut gentlemen actually overpayed each month in for the motion to recommit, to take out low-income energy assistance, a order to pay the debt quickly. out the portions of this bill that should cut of $1 billion that helps over four Unfortunately, he died before doing so and not be in it, so it truly will be fair to million low-income households pay the IRS wasted no time coming after his wife. Americans. their winter heating bill; a proposal to To compound problems, the IRS had failed to Mr. ARCHER. Mr. Speaker, I yield 2 eliminate the summer jobs program properly credit the payments he had made minutes to the gentleman from New that helps 530,000 disadvantaged young against his tax debt. So, his wife was faced York (Mr. FOSSELLA). H5358 CONGRESSIONAL RECORD — HOUSE June 25, 1998 Mr. FOSSELLA. Mr. Speaker, I led the fight for shifting the burden of If he had not yielded me the full thank the distinguished gentleman for proof, and it was because of the gen- time, I would have called on my equal- yielding me time. tleman that I put it in the bill in the ly dear friend, the gentleman from New Mr. Speaker, from time to time we Committee on Ways and Means. It was York (Mr. RANGEL), and I am sure he come across what I guess you could not in the Restructuring Commission’s would have gladly given me a minute. call a no-brainer. It took about 46 recommendations. The gentleman fur- Mr. Speaker, I rise in strong support years for our good friend, the gen- ther led the fight to assure that home- of this conference report, and to con- tleman from Ohio (Mr. PORTMAN) to owners would not be thrown out of gratulate all those who have been in- identify what we are here today to ac- their home without a court order. volved in this issue, and to say that I complish, and that is to implement a b 1630 am particularly pleased about a num- no-brainer. ber of items that really transcend the I think the people of this country I put that in the bill as a result of his issue of IRS reform. owe a great deal of gratitude to the importuning, because he was right. He For starters, I believe that one of the chairman of the Committee on Ways deserves a lot of credit for those two most unfortunate aspects of the 1997 and Means, in addition to the gen- provisions in this bill. tax bill was this ridiculous, prepos- Mr. TRAFICANT. Mr. Speaker, I tleman from Ohio (Mr. PORTMAN). This terous, bureaucratic 18-month holding want to thank the chairman, for it is a is a great day for the people of Brook- period. The Schedule D provisions pro- great day for all of America and a lyn and Staten Island, indeed, across vided my constituents and all Ameri- happy day for me, and in one way a sad America, the taxpayers who fear the cans who dealt with the issue of capital day, that in over 12 years I could not IRS so much. It is about time that we gains a great burden. get this done through my own party. I So for us to make the change which put in place mechanisms whereby the could not even get a hearing. IRS is responsible and they respect the I want to thank the chairman, the the conference did in this bill is, I think, a very important and beneficial average taxpayer. gentleman from Texas (Chairman AR- Why is it that almost half of the CHER), and I think he told it like it is. one. I congratulate the committee for Americans fear more going to the IRS I think without the gentleman from having taken that action. Mr. Speaker, I would like to take or receiving an audit from the IRS Texas (Chairman ARCHER), we would than going to get a root canal from a not be changing the burden of proof in just a moment, if I might, to engage dentist, respect for dentists of this the tax case today, and I don’t think the chairman in a colloquy on one country notwithstanding? That is the we would have these added protections issue that has, I understand from the reality. It is amazing that it took so for homeowners. I want to thank the report that he has given me, not been many years for the conventional com- gentleman. discussed so far on this. That happens mon sense and wisdom of this country I want to thank the gentleman from to be what I believe to be one of the to find its way here to Washington. New York (Mr. CHARLIE RANGEL). If he most brilliant truth-in-advertising But, thankfully, I guess today we see were chairman we would have had a changes that has been made, that being the result of people working together, hearing, and I would have had a better the shift from this so-called most-fa- with the lead of the majority here, shot. I would just like to say this, the vored-nation trading status, and it spe- working together to do what is right IRS for years has prided themselves on cifically relates to the People’s Repub- for the people of this country, to do the fact, and they have literally been lic of China, as the debate around this what is right for the people of Staten quoted as saying, that fear is impor- place goes. Island and Brooklyn. No longer will tant, and without fear we will not have We all know that there are only five they have to fear the local IRS agent. compliance. countries on the face of the Earth that The benefit of doubt, the presumption I think my friend, the gentleman do not enjoy what is now called most- of innocence, shifts to where it belongs. from Georgia (Mr. MAC COLLINS) told it favored-nation trading status with the The country that was founded on lib- the way it was and the way it is. Fear United States. We are changing the ar- erty and justice somehow, when it is a term associated more with totali- rangement with the People’s Republic came to the IRS, got lost. tarian forms of government, Mr. of China as we proceed with this debate What wonderful news. Today you can Speaker, not democracies. Alex Coun- to correctly call it what it is, normal rejoice, the IRS is finally reformed. cil committed suicide, and Attorney trade relations. But, never forget, that is the arm that Bruce Barron committed suicide, out of When we were debating the rule on does the bidding of the body. That body despair and fear. this conference report earlier today, is the Tax Code that is just simply out Today I think we provide an oppor- one issue came to the forefront which of control. Now that we have reformed tunity where Americans do not have to one of our colleagues said was snuck in the IRS, let us continue the real and fear their government, and as the gen- at the last minute, and that no one serious work of reforming our Tax Code tleman from Georgia (Mr. COLLINS) so knew about it. to create true and economic growth eloquently stated, no American should Mr. Speaker, I would just like the and wealth in this country once and for fear our government. It is our govern- chairman to, if possible, explain as to all. ment. I want to thank the gentleman whether or not this was snuck in and Mr. RANGEL. Mr. Speaker, I yield 2 from Texas (Chairman ARCHER) for put- how it worked out. minutes to the distinguished gen- ting those two provisions in the bill. Mr. ARCHER. Mr. Speaker, will the tleman from Ohio (Mr. TRAFICANT), a Let me say one last thing. The tax- gentleman yield? true crusader for taxpayers’ rights. payers still must comply and still must Mr. DREIER. I yield to the gen- Mr. ARCHER. Mr. Speaker, I yield have records, but the day where they tleman from Texas. 11⁄2 minutes to the gentleman from can have that old Bogart program, to Mr. ARCHER. Mr. Speaker, I think it Ohio. put them under the gun because they is important, number one, that we have The SPEAKER pro tempore (Mr. have the burden of proof, is over. No terminology that fits the facts, as the PEASE). The gentleman from Ohio (Mr. taxpayer can prove a negative. No tax- gentleman has said. What has been TRAFICANT) is recognized for 31⁄2 min- payer should have to prove a negative. called MFN or most-favored-nation ac- utes. I am proud to support this bill. I tually merely means normal trading Mr. TRAFICANT. Mr. Speaker, I want to thank the gentleman from relations. thank the gentlemen for yielding me Texas (Chairman ARCHER) for all his Toward the end of the conference this time. help. both the gentleman from New York Mr. ARCHER. Mr. Speaker, will the Mr. ARCHER. Mr. Speaker, I yield (Mr. RANGEL) and I and Senator ROTH gentleman yield? 21⁄2 minutes to the gentleman from and Senator MOYNIHAN, on a bipartisan Mr. TRAFICANT. I yield to the gen- California (Mr. DREIER), a respected basis, agreed that it would be appro- tleman from Texas. member of the Committee on Rules. priate to do this, and to do it in this Mr. ARCHER. Mr. Speaker, Members Mr. DREIER. Mr. Speaker, I thank bill so it could get done and get in of this Congress should know that the my very good friend for yielding time place. It changes no substance in the gentleman from Ohio (Mr. TRAFICANT) to me. law. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5359 Mr. DREIER. I would ask the gen- in which I am proud to serve, which taxpayer, not the government, is re- tleman, Mr. Speaker, is it not true that was very aggressive in bringing about quired to prove innocence in Federal this has been discussed widely for a this legislation. tax cases. This new law would require number of years? Many people around This legislation really was born here the government to prove guilt. here have been saying we must change in the House and moved forward. The The bill creates an independent 9- this name so people can understand ex- Senate had some very good hearings member board to oversee the IRS and actly what it is. and then we, of course, went to con- develop strategy for the agency. Fur- Mr. ARCHER. Exactly. ference. Now we have come up with a ther, the IRS commissioners will be Mr. DREIER. I thank the chairman really fair, much fairer, process in able to recruit private sector manage- for his explanation. dealing with the Internal Revenue ment experience through an adjust- Mr. RANGEL. Mr. Speaker, I yield 2 Service. ment in the pay scale. The burden of minutes to the distinguished gen- I think so many people did not real- proof will be shifted to protect inno- tleman from Maryland (Mr. HOYER). ize that prior to this legislation, any cent spouses who have no knowledge Mr. HOYER. Mr. Speaker, I thank conference they had with their cer- that their former spouse had underpaid the gentleman for yielding me the tified public accountant was not at all taxes. time. privileged, and that their accountant Additionally, it expands the taxpayer Mr. Speaker, I rise, I would tell the could be subpoenaed to testify against bill of rights, which will include the gentleman from Texas (Mr. ARCHER), them in a court of law. Now we have right to sue the IRS for damages of up with the intention to support this bill just about given the same privilege to $100,000, make more cases eligible when the roll is called. I was one of that an attorney has, an attorney-cli- for resolution in a tax version of small those who did not support this bill as it ent privilege, to an accountant-client claims court, and provide clinics for went to the Senate. I was very con- privilege. I think that is tremendously low-income taxpayers. cerned about what the final product important. The doublet is something Mr. Speaker, there are many good would be. I want to congratulate both we cherish here in America. people at the IRS, but this bill makes the chairman and the ranking member Mr. RANGEL. Mr. Speaker, I yield 2 them accountable to those for whom for improving this bill as it came back. minutes to the gentleman from Texas they work, the taxpayers. I think that is a good thing. (Mr. BENTSEN). Mr. ARCHER. Mr. Speaker, I yield 2 I want to rise, however, to say that (Mr. BENTSEN asked and was given minutes to the gentleman from Nevada this bill is a continuation of IRS re- permission to revise and extend his re- (Mr. ENSIGN), again, a respected mem- form, and to congratulate Secretary marks). ber of the Committee on Ways and Rubin, Deputy Secretary of the Treas- Mr. BENTSEN. Mr. Speaker, I thank Means. ury Summers, and Carl Rossotti who, the gentleman from New York for (Mr. ENSIGN asked and was given like all of us, have seen the need to yielding time to me. permission to revise and extend his re- bring both management reform and Mr. Speaker, I rise today in strong marks.) procedural reform and taxpayer sen- support of H.R. 2676, the conference Mr. ENSIGN. Mr. Speaker, first of sitivity to the IRS. agreement to reform the Internal Reve- all, I want to thank the distinguished Secretary Rubin is the first Sec- nue Service and better protect the chairman of our committee who has retary of Treasury with whom I have rights of taxpayers. I am proud to have brought forth this wonderful bill, and served since 1981 who has paid atten- been able to cosponsor the original leg- of course on the House side, in a bipar- tion to the management issues at IRS. islation. tisan fashion, especially, the gen- He formed, in 1997, a management Americans recognize that paying tleman from Maryland (Mr. CARDIN) board. He also made the determination taxes is a civic duty, but our tax laws and the gentleman from Ohio (Mr. to bring on a professional manager, and tax collectors must be fair so PORTMAN), who brought this bill to our Charles Rossotti, the founder and Americans will feel good about paying committee. At first it was a little con- chairman of American Management their taxes and not bullied. Besides tentious, but I think, working to- Systems, and brought on as commis- voting, this is the only time most gether, we have brought a super bill to sioner for a term. That change was a Americans deal directly with the Fed- the House of Representatives floor. critically important change. eral Government. We should make the I do want to make one point, how- It is well and good that we amend the experience as painless as possible. ever. This bill only goes so far. Until law so that we put forth a system that This legislation goes a long way to- we completely change the Tax Code, as will reform the IRS management and wards changing the organizational cul- the ranking Democrat last year, Sam the IRS dealing with taxpayers. But ture of the IRS to make it more cus- Gibbons, said, that until we completely what is critically important is that we tomer-friendly. It compels the IRS, change the Tax Code, the IRS can have on board personnel committed to through a system of penalties and in- never be completely fixed. But at least that objective. centives and new checks and balances, this bill goes a long way in doing that. Secretary Rubin and this administra- to do a better job in going about its I want to thank the chairman and I tion have done that. I think this legis- mission of collecting taxes. Better want to thank the ranking member for lation, in concert with the reforms management and better technology a provision that was put in the bill that are ongoing and have been af- will improve the IRS’s ability to serve that especially affects my State. I es- fected by the Clinton administration its customer, the American taxpayer. pecially want to thank the Speaker of and Secretary Rubin, will make a very The hearings held by the Senate Fi- the House and TRENT LOTT, for making substantial, positive impact on the tax- nance Committee illuminated the spec- sure that this provision was in the payers of America. For that reason, I trum of abuses by IRS tax collectors, House. intend to support this legislation. and made this legislation imperative. The IRS last year targeted the work- Mr. ARCHER. Mr. Speaker, I yield 1 The abuses highlighted last year are ers of my State. I represent the State minute to the gentleman from Florida simply unacceptable. No reason exists that has the highest number per capita (Mr. SHAW), a respected member of the for any American citizen to be trapped of audits in the country. Something Committee on Ways and Means. in a 19th century Kafkaesque novel that would have made them, our work- Mr. SHAW. I thank the chairman for when paying their taxes. No taxpayer ers, even more subject to audits was yielding time to me, Mr. Speaker. I should be subject to haphazard rules or something called the meals tax provi- would like to thank the gentleman the whims of government agents. sion that the IRS targeted the workers from Texas (Chairman ARCHER), the The most important and significant in the State of Nevada for. gentleman from Ohio (Mr. PORTMAN), accomplishment in this legislation is They wanted to start taxing the and the gentleman from New York (Mr. shifting the burden of proof from the meals of people who could not leave RANGEL), all that had anything to do taxpayer on to the IRS. The burden of their place of employment, and because with forming this much-needed legisla- proof is shifted from the taxpayer to of the work of the people that I have tion in the Committee on Ways and the IRS in disputes in civil tax court talked about, and many of the workers Means in the House of Representatives, proceedings. Under current law, the from our State who did a big letter- H5360 CONGRESSIONAL RECORD — HOUSE June 25, 1998 writing campaign, the workers’ meals heard. I hope my colleagues will join payers. It requires the IRS to print and make tax is now going to be dead. We are not me in making sure that the IRS re- available to taxpayers explanations that make going to allow, because of this bill, the spects American values and respects sense and clarify a variety of complicated mat- workers in our State and States across our taxpayers. ters. Married taxpayers will be alerted to liabil- the country to have their meals taxed. Mr. Speaker, I rise to the floor of the House ities that they would be jointly liable for even I think it is a great day for the workers today in support of reforming the Internal Rev- though only one spouse earned the income. in my State, as well as those other enue Service to make it more efficient, ac- A spouse who may be innocent for the mis- States that this bill affects. countable, modern and taxpayer friendly. Let takes of another spouse in preparing a tax re- The other point that I would like to me echo the words of our President who said, turn will also now be afforded relief from tax make, across the country, and we hear ``We need an IRS that reflects American val- liability, interest and penalties. Now a spouse this in town hall meetings, that is that ues and respects American taxpayers.'' who has nothing to do with the preparation of the IRS is the only place where you are The stories of coercion, corruption and the return is fully liable for the mistakes. This guilty until proven innocent. This is scare tactics of IRS agents that I have heard is wrong and would be corrected by this bill. now not the case under this bill. You from my constituents were more than enough I am also pleased Mr. Speaker, that the are now innocent until proven guilty. for me to endorse IRS reform. conference report requires the IRS at least to So this is truly a day I think for both Therefore, I can endorse the opening up of notify the taxpayer within 18 months of a pos- parties to celebrate, both parties to the government for civil liability for taxpayer sible liability, so it could be paid and the inter- take credit, and I am here to just abuse. This conference report will extend the est and penalty clock stopped. If the agency thank the chairman and the rest of the liability of the government for IRS abuse does not provide this notification, penalties people who have worked on this bill. caused by those who may negligently dis- and interest on the unpaid tax are suspended. Mr. RANGEL. Mr. Speaker, I yield 2 regard our tax laws. This is a safeguard that Currently, the agency is so slow that tax- minutes to the gentlewoman from I know taxpayers are demanding and one that payers may have big penalty and interest bills Texas (Ms. JACKSON-LEE). I strongly support. before they ever learn that they have under- Ms. JACKSON-LEE of Texas. Mr. The establishment of an independent over- paid their taxes. Speaker, I thank the gentleman from sight board by the President is another provi- I will also support the conference report ac- New York for yielding time to me, and sion that I support. There is no doubt that companying the bill because due process pro- I thank the gentleman for his work, such oversight of the administrative functions visions are included. In this bill, the agency and certainly the chairman, my col- of the IRS is necessary after the disclosure of will only be allowed to seize business property league, the gentleman from Texas (Mr. the atrocities that I heard from the citizens in only as a last resort, and a personal residence BILL ARCHER). Houston. There were, in fact, cases of pos- cannot be seized without court approval. Mr. Speaker, I believe that we are on sible suicide over the tactics that were used Again, Mr. Speaker, it is high time that we the right track. We need an Internal and it is time to end such abuses. The over- have the IRS reform that the American people Revenue Service that reflects Amer- sight board will have the responsibility to re- have been calling for. I support this bill and ican values and respects American tax- view and advise the Secretary of the Treasury urge my colleagues to vote for it. payers. It was not too long ago that I about customer service measures that will Mr. ARCHER. Mr. Speaker, I yield 1 held a hearing on the Internal Revenue make sense. Hopefully, the Board will insure minute to the gentleman from Illinois Service in my district. The gentleman that better service to our constituents. The (Mr. WELLER), a member of the Com- from New York (Mr. RANGEL) and the conference report contains numerous manage- mittee on Ways and Means. attendees were dramatically articulat- ment initiatives, ranging from electronic filing (Mr. WELLER asked and was given ing some of the enormous concerns to strengthening the Office of Taxpayer Advo- permission to revise and extend his re- that this legislation addressed. cate, that backers say will eventually mean marks.) An oversight entity is of crucial im- better service for all taxpayersÐfaster refunds, Mr. WELLER. Mr. Speaker, let me portance. Houston, although I will not easier filing, quicker response to questions first begin my brief comments just sa- call it the poster child of Internal Rev- and problems. luting the gentleman from Texas (Mr. enue Service abuses, it certainly high- Such oversight is necessary if we are to ARCHER), chairman of the Committee lighted, when employees wanted to do make the IRS more efficient. on Ways and Means, for his leadership the right thing, the kind of intimida- Shifting the burden of proof to the IRS is an- and his tenaciousness in bringing this tion that occurred. other practical measure that makes good issue to a head and succeeding. And sense. In every other proceeding where the also I wish to thank the gentleman b 1645 government is moving against a citizen in a from New York (Mr. RANGEL), the The witnesses who came before my court of law, the government bears the burden ranking member, for his bipartisan co- hearing highlighted some of the ex- of proving the facts. It is high time that the IRS operation. treme activities of the Internal Reve- come in line with this time-honored tradition of This legislation is a big victory for nue Service. This is not to denounce all the government bearing the burden of proof in the taxpayer. Clearly, reforming the of the employees, many of whom work questions of fact. IRS, holding the IRS accountable to diligently every day to assist those This burden of proof will be enforced after those who work hard, live by the rules taxpayers and who themselves want to the taxpayer has fully cooperated with the IRS and pay the bills, is a big victory. do the right thing. with respect to the factual issue. A taxpayer One other big victory that is a key But when we have a physician who is would be required to provide access to the in- part of this bill was one of those issues practicing his trade or his profession in formation, witnesses and documents within the that was a quiet issue and became his office, and we have the Internal control of the taxpayer. This makes the pro- more and more important. I found over Revenue Service exploding into that ceeding more in line with every other court the last 31⁄2 years that I have rep- office as he is taking care of a patient, proceeding and makes it fair. resented the South Side of Chicago and immediately asking him to remove This conference report would also correct the South Suburbs that I have had a himself, lock his doors and get out, meaningful measures that will insure taxpayer half a dozen constituents contact me when the physician is attempting to fairness in IRS audits and collection activities. every year, usually divorced single explain what he has already done; when The common law privilege of attorney-client moms struggling to raise the kids, and we have others of my physicians who privilege for those tax advisors authorized to there were cases where a deadbeat dad have sat down and said that they are practice before the IRS will not be afforded as was a deadbeat taxpayer and the IRS prepared to work out their problem, it should be. It would also end the use and could not find him. and someone says, ‘‘I do not care what abuse of summons by the IRS in looking for Mr. Speaker, whose door did the IRS you are prepared to work out, we are documents. Under this bill the IRS would be show up at to collect the taxes? That of closing you down’’; clearly, I would say required to make reasonable inquiries and the poor, struggling working, single, that it is now overdue for us to be able could not issue a summons until it has used divorced mom with the kids whose hus- to make sure that this is truly a coun- other reasonable methods to ascertain where band was not paying the child support. try of the free and the brave. the information it is seeking may be. This is a big victory for taxpayers. We are brave to do this and to recog- The conference report also provides for Mr. RANGEL. Mr. Speaker, I yield 30 nize that the citizens’ voices must be making more information available to the tax- seconds to the distinguished gentleman June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5361 from Ohio (Mr. KASICH), chairman of ton (Mr. MCDERMOTT) is recognized for do when they had a chance to make a the Committee on the Budget. 31⁄2 minutes. difference was simply to give a tax Mr. KASICH. Mr. Speaker, I just Mr. MCDERMOTT. Mr. Speaker, I break to the barons of Wall Street. want to take 30 seconds to compliment support the bulk of what is in the In- This is bad tax legislation. It is the the gentleman from New York (Mr. ternal Revenue Service restructuring only piece. And we have had all of this RANGEL) and the gentleman from Texas proposal that is before us, but I cannot talk about the fact that we are going (Mr. ARCHER), chairman of the Com- support this legislation in its present to remove the marriage tax penalty. mittee on Ways and Means. form because of the Republican major- There will be no opportunity to do that But Mr. Speaker, I want to pay a spe- ity’s insistence on including a major because they cannot put together a cial tribute to the gentleman from tax break for the well-to-do in a bill budget resolution. If they cannot do Ohio (Mr. PORTMAN), my great friend, that is supposed to restructure the that, we cannot have a reconciliation who the chairman appointed to the IRS. The Republican decision to reduce bill. They will have no way to get at task force to get this ball rolling. He the capital gains holding period from 18 any of the surplus. They will have to has done a great job and has been re- months to 12 months for the well-to-do raise the taxes on tobacco or some- lentless. in this legislation is a gross illustra- where else to get the money to take The gentleman is my great friend and tion of the Republican party’s prior- away the tax penalty on marriage. I am thrilled this is happening today, ities. Mr. Speaker, I think this shows and I know this is something that his Given the likelihood that the House where the priorities for the Repub- whole family and country is proud of. and Senate will not agree on anything licans are. Mr. RANGEL. Mr. Speaker, I yield 2 else tax-related this year, and the fact I support much of what is in the Internal minutes to the gentleman from Mis- that there is still no budget resolution Revenue Service (IRS) restructuring proposal sissippi (Mr. TAYLOR). in sight, it is probable that this is the now before Congress. The majority of issues Mr. TAYLOR of Mississippi. Mr. last tax legislation that will pass the which I raised in Committee and on the House Speaker, I have got to admit that por- Congress and be signed into law. Even Floor regarding the workability of this bill were tions of this bill leave me somewhat if the two Houses are to agree on tax fixed, thanks to the hard work of the conferees perplexed, while I agree with most of legislation before November, there is it. who improved upon both House and Senate Mr. Speaker, this is the same body no way they can pay for their extrem- versions. However, I cannot support this legis- that in the past 2 weeks has passed six ist schemes without threatening Social lation in its present form because of the Re- different pieces of legislation express- Security by dipping into the budget publican majority's insistence on including a ing our grave concern as to what the surplus, a legislative action the Presi- major tax break for the well-to-do in a bill that Chinese intentions are towards our Na- dent has said that he will veto. If we is supposed to restructure the IRS. tion. We have a special committee that add that veto threat to the fact we The Republican Conferees last-minute addi- is looking into whether or not they have no budget, we are not going to see tion to the IRS reform legislation that will re- bribed American officials in order to more tax legislation. duce the capital gains holding period from 18 get hold of American missile tech- So what are the Republicans’ tax pri- to 12 months will not reduce the complexity or nology. The same body that says we orities? Elimination of the marriage the size of taxpayer headaches caused by last will no longer transfer missile tech- tax penalty? That was in the Contract year's tax legislation. It will not even reduce nology. on America, but we are going to leave the size of the taxpayers' capital gains Sched- But in the most blatant hurt and that by the side of the road again. An ule D tax form by even 1 line. The change wrong that is being done to the Amer- increase in child tax credit? No. An ex- simply reduces taxes in a way that dispropor- ican people, a $50 billion trade imbal- tension of the research and develop- tionately benefits high-income taxpayers. ance with the People’s Republic of ment tax credit? No. All the Repub- TAX INEQUITY China, where they get $50 billion more licans want to do when they have the The Republican's decision to sneak this tax of our money each year, where they chance is to guarantee a tax cut for cut for the well-to-do into legislation to reform charge our companies 30 to 40 percent America’s wealthiest investors. the IRS is gross illustration of the Republican to have access to their markets but we Mr. Speaker, I disagree with this party's priorities. Given the likelihood that the only charge them 2 percent, if we new-found philosophy that what is House and Senate will not agree on anything charge them anything, to have access good for Goldman, Sachs is good for else tax-related this year and the fact that to our markets, that used to be called the country. While the Republicans are there still is no Budget Resolution in sight, it's Most Favored Nation status. cutting taxes for the top 1 percent of probable that this is the last tax legislation that Now, because the American people this country, people averaging more will pass Congress and be signed into law by have caught on to that and a majority than $600,000 a year, they are gutting the President. of Members of Congress can no longer important opportunities for America’s Even if the two Houses are to agree on tax vote for Most Favored Nation status, youth in the Committee on Appropria- legislation before November, there is no way because the American people have tions. they can pay for their extremist schemes with- caught on to this scam, the new scam So here we have the Republican agen- out either threatening Social Security by dip- is we are going to change the name of da out in the open again for everyone ping into the budget surplus legislative action it. It is now going to be called ‘‘normal to see. While they bow to the desires of that the President has vowed to veto. Add the trading relations.’’ America’s elite, they are eliminating veto reality into the tax equation and it makes Mr. Speaker, I would really hope funding for summer youth and school- it even more probable that this is the last tax someone would come to this floor and to-work employment programs. While bill to be signed into law this year. tell me what is ‘‘normal’’ about a $50 they are boosting the personal profits And what do the Republicans demand as billion trade imbalance? What is nor- for America’s CEOs, they are eliminat- their top tax priority? mal about giving that same money to ing the low-income Home Energy As- Elimination of the marriage tax penalty? No. people we know are using it for weap- sistance Program which makes sure An increase in the child tax credit? No. ons modernization? Because if that is that America’s poor do not freeze to An extension of the Research and Develop- normal, we do not deserve to be here. death in the winter. ment credit? No. If my colleagues are trying to hide Mr. Speaker, I do not know where the All the Republicans want to do when they that from the American people, it is rest of my colleagues will be next win- have the chance is to guarantee a tax cut for not going to take them very long to ter or next summer, but I hope they America's wealthiest investors. figure out what is going on. will be some place where they are en- Well, Mr. Speaker, I disagree with this new- Mr. RANGEL. Mr. Speaker, I yield joying themselves, because if they take found philosophy that what's good for the part- the balance of my time to the distin- away heating assistance for the poor ners of Goldmann-Sachs is good for the coun- guished gentleman from Washington and people die in the winter, if they try. While the Republicans are cutting taxes (Mr. MCDERMOTT), a member of the take away summer jobs for students for the top 1% of America's investorsÐfolks Committee on Ways and Means. and work opportunities and we have averaging $600,000 a year or moreÐthey are The SPEAKER pro tempore (Mr. disturbances and crime, they will be re- gutting important opportunities for America's PEASE). The gentleman from Washing- sponsible, because all they wanted to youths in the Appropriations Committee. H5362 CONGRESSIONAL RECORD — HOUSE June 25, 1998 Just this week, the Republicans reported rates that can apply to the capital gains of an exclusion for the confusing array of capital Appropriations legislation, that one member individual: 10 percent, 15 percent, 20 percent, gain tax rates mandated by last year's Act. described as nothing less than ``taking from 25 percent, and 28 percent. The 1997 Act also Such an exclusion has been scored by the the hides of the weakest and most vulnerable created two additional tax rate categories, one House Joint Committee on Taxation as essen- in our society.'' that will take effect for the 2001 taxable year tially revenue neutralÐunlike the Republican So, here's the Republican agenda, out in and another that will take effect for the 2006 plan to drain the Federal Treasury by an addi- the open for everyone to see. While they are taxable year. The schedule required to imple- tional $2 billion. bowing to the desires of America's wealthy ment that new policy will add significant addi- elite, they are eliminating funding for summer tional complexity, and make the 1997 sched- Like the Republican proposal, H.R. 3623 re- youth and school-to-work employment pro- ule look simple. In addition, increasingly large peals the 18 month holding period require- grams. numbers of taxpayers will have to fill out the ment. It also goes a step further and would While they are boosting the personal profits complex schedule twice, once for the regular permit depreciation recapture gains on real es- for America's CEOs, they are eliminating the tax and once for the minimum tax. tate so taxpayers can receive the full benefit low-income home energy assistance program Even with the Republican Conferee's of the capital gains tax reduction. change, the current capital gains tax sched- which makes sure that America's poor do not Most importantly, H.R. 3623 simplifies the ules and underlying rules for taxation of capital freeze to death in the winter. computation of capital gains taxes for all indi- gains remain unnecessarily complex, and will Now, I don't know where the rest of you will vidual taxpayers by replacing the entire com- be next winter or next summer, but I hope, for continue to impose on taxpayers (with more than four sales) the burden of spending, on plex 35-line schedule with a single line that your sake, that you are safely hobnobbing at would require taxpayers to include 62 percent your benefactor's off-shore vacation estates. average, 5 hours and 20 minutes preparing the schedules (two hours more than in 1994). of their net long-term capital gains on the ap- Because if you take away heating assistance For a party that says it wants to terminate the propriate line of the tax return. for the poor, and people die; and if you take tax code, you'd think they could start by re- away summer jobs for students, and there are COYNE's bill also would provide modest cap- ducing taxpayer forms by a least 1 line. ital gains tax reductions for more than 97 per- civil disturbance and crimeÐyou will be re- The worst aspect of current law is that its sponsible because all you wanted to do when cent of individual taxpayers. It potentially could complexity falls hardest on low- and moderate impose modest tax increases on the approxi- you had a chance to make a difference was income taxpayers who invest through mutual simply to give a tax break to the barons of mately one and a half million wealthiest indi- funds and real estate investment trust. Led by viduals in the country. This is not a bad price Wall Street. ILL COYNE (D-PA), Ways and Representative B for its extraordinary simplicity, but may be the TAX SIMPLICITY Means Democrats have a proposal (H.R. reason for some would-be tax code termi- The 1997 Taxpayer Relief Act created a 3623) that would dramatically simplify the cap- nators opposition. confusing array of capital gains tax rates and ital gains rules. added 35 new lines to taxpayers Schedule D COYNE's legislation, modified to be revenue The following chart illustrates the impact of tax form. There are potentially five different neutral, would substitute a simple 38 percent the proposed simplification legislation:

Rate under current law Rate under H.R. 2623 Assets held more than 18 Assets held at Rate bracket (number of taxpayers in bracket) months and Real estate de- least 12 All capital as- net collectibles preciation re- months but sets held more or recapture capture gain less than 18 than 12 gain months months.

15 percent (61.6 million) ...... 10 15 15 9.3 28 percent (24.0 milion) ...... 20 25 28 17.3 31 percent (2.3 million) ...... 20 25 28 19.2 36 percent (1.0 million) ...... 20 25 28 22.3 39.6 percent (0.5 million) ...... 20 25 28 24.5

The IRS restructuring bill to which the Re- Distribution of the Tax Benefits From Shorten- Mr. TAYLOR of Mississippi. Mr. publican provision is attached would mandate ing the Holding Period for 20% Capital Gains Speaker, would the Speaker like to ex- that, for tax legislation considered by the Com- From 18 Months to 12 Months—Continued plain to this Member how the highest mittee on Ways and Means after January 1, Percent legislative body this world has ever 1998, a ``Tax Complexity Analysis'' must be $75–100,000 ...... 4.1 known can waive its own rules? $100–200,000 ...... 14.3 provided by the Joint Committee on Taxation. $200,000 or more ...... 76.1 The SPEAKER pro tempore. The gen- Had the law required a complexity analysis of tleman’s question is not a parliamen- last year's capital gains provisions, the Tax- All ...... 100.0 tary inquiry. Note: figures are at 1999 levels. Mr. ARCHER. Mr. Speaker, I yield payer Relief Act would have failed. Source: Citizens for Tax Justice, June 24, 1998. Before we close the book on IRS restructur- such time as he may consume to the PARLIAMENTARY INQUIRY gentleman from Louisiana (Mr. ing, let's do everyone a favor by taking a step Mr. TAYLOR of Mississippi. Mr. MCCRERY). toward tax code simplication. Inclusion of Speaker, I have a parliamentary in- (Mr. MCCRERY asked and was given COYNE's legislation would do just that. quiry. I am committed to working to improve ac- The SPEAKER pro tempore. The gen- permission to revise and extend his re- countability within the IRS and to simplify the tleman will state it. marks.) tax code to ensure that both taxpayers and tax Mr. TAYLOR of Mississippi. Mr. Mr. McCRERY. Mr. Speaker, I rise in administrators alike can fulfill their responsibil- Speaker, one of the provisions of this support of the IRS reform bill and in ities with greater efficiency and ease. bill is the changing of the term ‘‘Most support of the capital gains simplifica- Unfortunately, this legislation contradicts my Favored Nation status’’ with regard to tion measure in the bill. strong belief that our tax code should be equi- China and changing it to ‘‘normal Mr. RILEY. Mr. Speaker, the devastating table and our tax priorities should be progres- trade relations.’’ That legislation never storms that swept through Alabama and Geor- sive. I am unable to support this legislation be- passed this House. To the best of my gia on April 8, 1998, left hundreds, if not thou- cause of the Republican majority's abuse of knowledge, it never passed the United sands, of people's lives in shambles. these important principles. States Senate. In a time of tragedy when people are trying Distribution of the Tax Benefits From Shorten- My parliamentary inquiry is, can to pick up the pieces of their lives and rebuild, ing the Holding Period for 20% Capital Gains something that has been passed and the last thing they should be faced with is fil- From 18 Months to 12 Months voted on in neither body be included in ing their federal income tax returns. Percent this conference report? The IRS did give these taxpayers an exten- Less than $10,000 ...... 0.0 The SPEAKER pro tempore. Even if sion, but, by law, it must charge them interest $10–20,000 ...... 0.1 the gentleman were raising a timely on any unpaid taxes from the original due date $20–30,000 ...... 0.3 $30–40,000 ...... 0.5 point of order, all points of order (April 15, 1998) until the tax is paid. $40–50,000 ...... 1.0 against this matter were waived by Mr. Speaker, charging disaster victims inter- $50–75,000 ...... 3.8 House Resolution 490. est on their unpaid taxes after the IRS granted June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5363 them an extension is irresponsible. That is Mr. BLUMENAUER. Mr. Speaker I voted for They know the American people are in- why I introduced the Disaster Victims Tax the initial IRS reform bill, and there are many creasingly concerned about giving Most-Fa- Fairness Act. This bill would waive interest as- elements of the bill before us today that I con- vored-Nation status to a country that locks up sessments against these families. tinue to support. I am concerned, however, Catholic bishops and priestsÐsome for a dec- I would like to commend the Chairman of with several new elements which were intro- ade at a timeÐfor conducting Mass or pledg- the Ways and Means Committee for including duced into the bill by the majority. ing allegiance to Pope John Paul II. this important provision in the IRS Restructur- I am concerned that if we are going to re- A country that imprisons Protestant pastors ing conference report. duce the burden on taxpayers, lower-income and laypeople for holding Bible studies, house It is the right thing to do, Mr. Speaker. working families should be included. After all, church meetings or distributing Bibles. These families need all the help they can the taxes these families pay have a much big- A country that allows forced abortion and get and passage of this bill shows that we in ger impact on the quality of their lives. This sterilizations of women as a way to enforce a Congress understand that. would have been easy to achieve with an in- brutal population policy. Mr. CRANE. Mr. Speaker, I rise in strong crease in the EITC, or even better, with an A country which has plundered Tibet, im- support of H.R. 2676, the Internal Revenue across the board reduction in social security prisoned and tortured hundreds of Tibetan Service Restructuring and Reform Act Con- taxes which would benefit every working Buddhist monks and nuns, demolished 4,000± ference Report. American. 5,000 monasteries, and is destroying the cul- Number hearings during this Congress have Unfortunately, those with higher incomes opened up the IRS to public scrutiny. These ture of the Tibetan people. have been singled out for tax reductions in Some who favor this name changeÐbelieve hearings provided further proof that the IRS is H.R. 2676. Since it is our struggling working out of controlÐsomething too many Ameri- it will be easier to convince the American peo- families who have the roughest time making ple that our trading relationship with China is cans already knew. ends meet, I hope the next time we vote on Several witnesses testified only under the normal. But what's normal about a trading re- tax relief we won't leave them out. lationship which has allowed China to amass condition of anonymity for fear of retribution by Mr. WOLF. Mr. Speaker, I rise today to ex- rogue IRS agents. Among other abuses, we a $50 billion trade surplus with the United press deep concern about one provision in an States but still restricts most American goods found that IRS employee performance was otherwise good billÐa provision changing measured by the amount of money squeezed from entering its market. Most-Favored-Nation trading status to Normal out of American taxpayers. This is hardly what There's nothing normal about trade relations Trade Relations. This provision was not part of we expect of the government of the world's with China and the American people will not H.R. 2676 when it was passed overwhelmingly leading democracy. be fooled. The Republican-led Congress had enough by the House with my support last November. MFN is a symbol of a time when the United of the countless stories from our constituents It was not part of the bill passed overwhelm- States was willing to put principle before profit who have been mistreated in their dealings ingly by the Senate last month. It was snuck in our relations with foreign governments. with the IRS and we felt it was high time to into the conference report at the last minute. Changing the name today ends that era. rein-in the agency. How disappointing. I plan to vote for H.R. 2676 because it in- H.R. 2676 most importantly shifts the bur- What's the big deal about changing the creases taxpayer rights when dealing with the den of proof to the IRS in disputes with tax- name of Most-Favored-Nation trade status? IRS and requires the IRS to be more account- payers over an alleged tax liability. After this MFN has come to symbolize something much able to the Congress and the American tax- bill is enacted into law, no longer will Ameri- more than just nondiscriminatory tariffs. MFN payer. cans be guilty until they prove themselves in- was the rallying cry for many groups and other However, I am deeply saddened and con- nocent before the IRS. human rights champions who fought for free- cerned that an otherwise good bill has been To maintain close scrutiny of the IRS' work, dom on behalf of those trapped behind the tainted by this bad provision. the bill establishes an oversight board com- Iron Curtain during the dark days of com- Mr. OWENS. Mr. Speaker, I rise to chal- prised mostly of private-sector citizens. The munism. MFN has come to symbolize a strug- lenge the conventional wisdom on taxes and board will also have input into the President's gle for freedom of emigration, freedom of reli- to, thereby, give my tacit support for the con- selection of the IRS commissioner. gion and human rights. ference report to H.R. 2676, the ``IRS Reform MFN was the term the Romanian people Other benefits taxpayers will enjoy from the and Restructuring Act.'' When H.R. 2676 was knew when the United States finally took away enactment of this legislation include: relief for initially considered in the House last Novem- nondiscriminatory trade status from Nicolae innocent spouses; elimination of penalties and ber, I voted for it enthusiastically because it CeasusescuÐa dictator who was terrorizing interest on outstanding taxes in certain cir- appeared to be a long-overdue form of tax- his own people, bulldozing churches, turning cumstances; and the ability to collect damages payer advocacy to protect our citizens. How- Bibles into toilet paper, torturing political dis- caused by rogue IRS employees. ever, the bill that we consider today has re- In addition, I would like to commend the sidents, and using those who desired to emi- markably moved from transforming the admin- Chairman of our Ways and Means Committee, grate as bargaining chips with the West. When istration and oversight of the Internal Revenue BILL ARCHER, for two provisions he added in we took away MFN, the Romanian people Service (IRS) for the benefit of the average conference. First, I appreciate the addition of heard about it on Radio Free Europe. the language of my bill, H.R. 2316, to the con- MFN symbolized more than normal trading American taxpayer; today's version of H.R. ference report. This will correct a misnomer in relations when the United States suspended 2676 includes provisions (not passed by either U.S. trade law. The term ``most-favored-na- Poland's MFN status after it invoked martial the House or Senate) which represent an arro- tion'' has been quite misleading because it law in 1983. To the Polish people, suspending gant, back-door effort to reduce taxes for the has implied that we were extending benefits MFN was a clear statement that the American wealthiest Americans. H.R. 2676 not only re- greater than the normal benefits we extend to people stood with Lech Walesa, the Solidarity forms and restructures the IRS, but it reforms our trading partners. The language in the con- movement and all those struggling to throw off and restructures tax policy on capital gains, ference report will change the terminology the chains of communism. estates, and Roth Individual Retirement Ac- from ``most-favored-nation'' to ``normal trade MFN means more than tariffs to the people counts (IRAs). Instead of determining new relations'' or ``NTR.'' Rather than misleading of Tibet and China, who desire, but do not ways to circumvent taxes on the ``unearned'' the American people, we should call this trade have, freedom and basic human rights. To income of the rich, it is time that America's treatment what it really isÐmerely ``normal.'' them, awarding MFN to the Chinese dictators revenue and tax policy stop penalizing the My Ways and Means Trade Subcommittee re- without conditionsÐas the United States has ``earned'' income of our working families. cently marked up H.R. 2316, and the issue done since President Clinton de-linked trade It is an undisputable fact that working peo- has been debated in Congress for years. from human rights in 1994Ðcarries the mes- ple are paying the cost of governmentÐprac- Second, the sorely-needed correction to the sage that the United States government cares tically all of it. Our tax system is set up to pil- Administration provision from last year's Tax- more about trade than it does about human fer the recipients of ``earned'' incomeÐwages, payer Relief Act concerning the holding period rights. salaries, and retirement payÐand protect the for capital gains. I agree with the Chairman MFN is more than just a name and that's recipients of ``unearned'' incomeÐinterest, that the correct holding period ought to be 12, why many want to change it. Those who sup- dividends, rents, and capital gains. Taxes on not 18, months for taxpayer to enjoy the lower port this name change know that the American ``earned'' income produce 85% of all personal capital gains tax rates. people are increasingly concerned about ex- income taxes, with only 15% brought in by Mr. Speaker, I urge my colleagues to sup- tending Most-Favored-Nation status to a coun- taxes on ``unearned'' income. Moreover, taxes port this conference report and hope that the try like China which persecutes people of the on ``earned'' incomeÐincome and Social Se- President will sign it into law. Christian, Buddhist and Muslim faiths. curity taxesÐbring in over 70% of all Federal H5364 CONGRESSIONAL RECORD — HOUSE June 25, 1998 tax revenue, compared to only 9% for ``un- vestigation of this matter, the IRS is fully letter to the Chairman of the Ways and Means earned'' income. For every dollar of tax reve- aware of these violations, but appears to be Subcommittee on Trade. nue produced by ``earned'' income, ``un- too timid to tackle the big corporations who CONGRESS OF THE UNITED STATES, earned'' income brings in only 13 cents. are committing the offenses. HOUSE OF REPRESENTATIVES, OF- H.R. 2676 would exacerbate this scenario The original version of H.R. 2676 was com- FICE OF THE DEMOCRATIC LEADER, by adding another unfair layer of protection for mendable. The Taxpayer Bill of Rights III, the WASHINGTON, DC, JUNE 23, 1998. ``unearned'' income. H.R. 2676 would shorten new 9-member oversight board, the Low-In- Hon. PHILLIP M. CRANE, the length of time (from 18 months to 12 come Taxpayer Clinics, the national Office of Chairman, Subcommittee on Trade, Longworth months) that an asset has to be held in order House Office Building, Washington, DC Taxpayer Advocate with its local advocacy of- DEAR MR. CHAIRMAN: It is my understand- to yield a lower capital gains tax rate (from fices, and the goal of an 80% electronic filing ing that today the Trade Subcommittee will 28% to 20%). It should be noted that unlike rate by the year 2007Ðthese represent a be marking up a bill to change the terminol- ``unearned'' income, every single penny of movement in the right direction towards the re- ogy of ‘‘most favored nation’’ (MFN) to ‘‘nor- ``earned'' income goes on the tax return and is form and restructure of the nation's tax collect- mal trade relations’’ (NTR). I remain con- fully taxed. (The only exception is the income ing agency. What about ensuring that working cerned that changing this widely accepted ``earned'' by low-income people who either families take home more dollars so that they trade designation would be misleading and make only a few thousand dollars a year or ill advised. Why would we want to overturn will not have to struggle to pay their own bills? years of U.S. commercial law, primarily to who are eligible to receive the Earned Income The addition of special tax breaks for the rich send a gesture that we desire ‘‘normal trade Tax Credit.) Yet, H.R. 2676 contributes to the during the conference committee meetings is relations’’ with China? list of humongous loopholes, exceptions, and an affront to economic justice for all of Ameri- The fact is that China is not a normal trad- special provisions for ``unearned'' income, es- ca's taxpayers. We can do a better job, and ing nation. It is not even a market economy; pecially capital gains. This new protection for this bill could do more to correct the imbal- it is a communist centralized economy. capital gains will cost the U.S. Treasury $300 ance in our tax structure. While we grant China MFN on a yearly basis, million per year (beginning in the year 2000). Mr. GEPHARDT. Mr. Speaker, I would like we receive little in reciprocal trade benefits from China. The ever ballooning trade deficit Over a 10-year period, this provision in H.R. to express my deep concern about the inclu- with China, up more than 175% since 1992, 2676 will cost more than $2 billionÐall to the sion in this legislation of an unrelated provi- proves that Chinese markets remain closed benefit of the top 5% of the income scaleÐin- sion that, while seemingly innocuous and no- to U.S. goods and services. This year, the dividuals who make six figures a year. ticed by few, will neutralize a principle that has U.S. is projected to have a $60 billion trade H.R. 2676 contains other provisions that been at the heart of our nation's trade policy deficit with China. would further underscore the regressive make- for decades. Unacceptable Chinese behavior on a whole up of our tax policy. The legislation does not Section 5003 of H.R. 2676 will change the host of important issues like human rights, correct an error in the 1997 Balanced Budget term ``most-favored-nation-treatment'' to ``nor- proliferation, religious freedom, Tibet, organ sales, forced abortion, trade and labor rights Act that decreased taxes on estates with val- mal trade relations'' in all relevant U.S. stat- should preclude any preferential trade des- ues as large as $17 million. This tax break utes. This change in terminology undermines ignation from the U.S. We need to use our le- would benefit the heirs of a few hundred peo- the foundations of a trade policy that has been verage in the trade relationship and in other ple each yearÐthe richest 0.01% of Ameri- used to advance U.S. interests for many areas to press for changes in these unaccept- cans. In addition, H.R. 2676 would allow years. This policy has in part consisted of en- able Chinese practices. However, if this wealthy senior citizens to cut their future taxes suring that the most favorable terms of trade measure passes, we would be unilaterally by expanding their eligibility for a newer, more are accorded to nations with which the United placating China. financially generous IRAÐthe ``Roth IRA''Ð States share similar concepts and practices Make no mistake. It is a preferential trad- ing status that countries like China receive after 2004. This provision would cost the U.S. regarding international commerce. In the past, when the President makes a special request Treasury approximately $1 billion per year nations we have deemed to be unworthy of for a waiver from Jackson Vanik. When the after 2004. this status include communist regimes and re- U.S. grants MFN, nonmarket nations gain It is unfortunate that Republicans have mis- gimes that engaged in particularly oppressive benefits from the U.S. that are often unilat- used this opportunity to pass a good IRS re- acts against their citizens, such as Poland's eral in nature. For example, China was form bill and, instead, have authorized new tax martial-law government in 1982. granted $1 billion in annual tariff conces- breaks for the rich. Already the tax code is rife It is unfortunate that over the past several sions when the WTO Uruguay Round went with flagrant examples of corporate welfare; years, our government has refrained from into effect, because it receives the MFN des- ignation. and H.R. 2676 does nothing to alleviate exist- using MFN status as a tool to advance U.S. Let us continue to debate MFN on the mer- ing burdens on working families. Corporations interests broadly or, at a minimum, obtain im- its. Rather than attempting to confuse the used to shoulder 39% of the tax burden while portant commitments from our trading part- U.S. public and our allies with this new and families shouldered 27%. Today corporations ners. I am particularly disappointed that we inaccurate NTR designation, it would be bet- only contribute 11% while families contribute have not effectively conditioned or cut off MFN ter to acknowledge that problems remain 44%. The bank accounts of American families status for China in the aftermath of the 1989 across the array of political, economic and should not be drained to compensate for the Tiananmen Square massacre. Our govern- security issues in our bilateral relationship with China. untouchable coffers of corporate America. In- ment's recent pattern of behavior in this re- Real engagement means communicating stead, corporations must be forced to pay their gard, however, is no reason to now strip this honestly with China about the problems and fair share, as well as wealthy individuals. tool of the nomenclature that conveys the pur- the positive aspects of our bilateral relation- I challenge my colleagues to step up to the pose for which it was originally intended. And ship. To say that the U.S. has ‘‘normal trade plate, propose fair reform of the IRS, and given the context in which this change of ter- relations’’ with China is disingenuous and achieve taxpayer justice by directing the IRS minology has been proposed this yearÐthat suggests that China’s current behavior is ac- to enforce current laws. Specifically, the bill is, in connection with once again renewing ceptable to the U.S. I continue to believe represents Congress closing its eyes to a con- MFN status for ChinaÐI am convinced that it that China can and must do better to earn tinual corporate abuse scheme: corporations the ‘‘most favored nation’’ designation from is an attempt to semantically extinguish the the U.S. Let’s not change the terms of the are purchasing large quantities of their own values that should be at the core of our policy debate just to get China off the hook. stock, which is categorically prohibited by Sec- toward China and all other nations. Thank you for this opportunity to express tions 531±537 of the Internal Revenue Code. Earlier this week, I conveyed these con- my views. Despite the law, hundreds of big-name cor- cerns to the Chairman of the Ways and Sincerely, porations have been avoiding paying out divi- Means Subcommittee on Trade, as that sub- RICHARD A. GEPHARDT. dendsÐand thus avoiding paying taxes on committee prepared to consider this proposal Mr. POSHARD. Mr. Speaker, I rise today in those dividendsÐby accumulating more than as a stand-alone legislative measure. I believe support of this landmark legislation, which pro- $275 billion in stock buy-backs. It must be reit- that a legislative change of this significance vides for long-overdue reform and restructur- erated that it is unlawful for corporate busi- should be debated separately from the IRS ing of the Internal Revenue Service. I am ness managers to let profits pile up in the cor- legislation to which it has been attached. But pleased that my colleagues have been able to poration, rather than to distribute them as tax- again, I fear that the manner in which this seri- address this important issue in a largely bipar- able dividends. If current law were enforced ous issue has been presented to the House is tisan manner, and I believe that the finished today, an estimated $70 billion in penalties a maneuver to neutralize its importance to our product will go far in giving American tax- would be collected by the Federal govern- trade policy and the values that should under- payers the rights and protections they de- ment. And as evidenced by my personal in- lie it. I submit for the RECORD a copy of my serve. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5365 First, this bill includes many provisions that proved upon many of the proposals. Equally several revenue provisions which are used to will insure the IRS and its employees are held as important, we could not have completed fund this legislation. Most notably, the revi- accountable for their actions. It creates a nine- this legislation without the House and Senate sions to the Roth IRA will lose substantial rev- member board to oversee IRS administration, tax-writing Committees, and my fellow con- enue starting in the year 2008, just when the management, execution and application of in- ferees, working together in a consistently bi- baby boom generation will place additional ternal revenue laws and provides for discipline partisan fashion. burdens on Social Security and Medicare. I of IRS employees for misconduct or violations The conference report achieves the major also object to the replacement of the current of IRS rules or taxpayer rights. objectives that were established by the Com- 18-month long-term capital gain holding period Secondly, this measure codifies and mission, by streamlining IRS governance and with a 12-month holding period. This provision strengthens the rights of taxpayers in many management, improving taxpayer protections will cost $2 billion over 10 years, provide no significant ways. The IRS, rather than the tax- and rights, expanding electronic tax filing and real simplification, and may increase incen- payer, will now bear the burden of proof in enhancing Congressional oversight of the IRS. tives for stock speculation that the current most tax disputes. Moreover, taxpayers will be Concerning IRS governance and manage- holding period was intended to prevent. On allowed to sue the government for civil dam- ment, the legislation creates a new IRS Over- numerous occasions, I objected to some Re- ages caused by the negligent disregard of tax sight Board composed of six private-life mem- publican's insistence that the IRS employee laws by IRS employees. I am also pleased to bers, the Treasury Secretary, the IRS Com- representative not be granted conflict-of-inter- note that it will be more difficult for an individ- missioner and an individual representing IRS est waivers that are necessary to ensure the ual to be held responsible for mistakes made employees. The IRS Commissioner is given full participation of this Board member. How- on a tax return by his or her spouse. new authority for managing the IRS, including ever, as agreed to by the conferees, I am now At long last, the American taxpayer can look personnel flexibilities to reorganize the agency confident that the President will have the au- forward to being treated with respect and com- and to hire experts at expanded pay-grades. thority to provide appropriate waivers when mon sense by an agency which will finally be The bill also increases the direct accountability submitting the nomination to the Senate. subject to meaningful standards of responsibil- of IRS employees to the Commissioner. To Mr. Speaker, the IRS Restructuring and Re- ity and accountability. I urge my colleagues to improve Departmental oversight of the IRS, form Act of 1998 adopts proposals that re- support passage of the conference report be- the bill creates a new Treasury Inspector Gen- spond to the most common problems that tax- fore us, so that our constituents might finally eral for Tax Administration. payers face with the IRS. However, I remain be able to reap the benefits of desperately- Consistent with prior Taxpayer Bill of Rights concerned that some of the provisions may be needed reform. measures, the Conference Report greatly ex- very difficult for the IRS to administer. While Mr. COYNE. Mr. Speaker, I rise in support pands taxpayer rights and protections. The bill this bill offers many constructive measures, we of the Internal Revenue Service Restructuring provides ``innocent spouse'' relief to taxpayers will need to monitor closely how these provi- and Reform Act of 1998, which will expand based on a more generous, current-law sys- sions are implemented by the IRS and assist significantly our system of taxpayer protections tem of equitable relief, and to divorced, le- this agency by simplifying the tax code wher- as well as equip the Internal Revenue Service gally-separated and married taxpayers living ever possible. (IRS) for the challenges of the 21st century. It apart for more than one year, based on a sys- All of this considered, I believe that this is has been over forty years since the Congress tem of proportionate liability. This relief applies a good bill, and I urge my colleagues to sup- considered major reforms to the IRS, with the to all cases that are still open before the IRS. port its passage. last being the 1952 reorganization. This legis- The legislation also shifts the burden of proof Mr. SHUSTER. Mr. Speaker, I rise in sup- lation provides for a sweeping overhaul of the in tax court proceedings to the IRS as long as port of H.R. 2676, the conference report on nation's tax agency and in doing so, creates the taxpayer introduces credible evidence, the Internal Revenue Service Revenue and the necessary foundation for the IRS to trans- complies with record keeping rules and co- Restructuring Act. I commend Chairman AR- form itself into the efficient and service-ori- operates with reasonable IRS information re- CHER, ranking Member RANGEL, Senator ROTH ented agency demanded by the taxpayers. In quests. and Senator MOYNIHAN in crafting this impor- adopting this bill, we should also not lose sight The legislation also modifies several interest tant legislation. of the many hardworking and dedicated IRS and penalty rules, including the suspension of In particular, I would like to address Title IX employees, whose ability to serve taxpayers interest, and some penalties, when the IRS of that Act which includes the text of H.R. better will now be enhanced. does not notify the taxpayer within 18 months 3978, the TEA 21 Restoration Act, with only The Congress and the Administration have of a return filing due date. This time require- slight modification. The TEA 21 Restoration worked for nearly two years in developing this ment is reduced to 12 months in the year Act restores inadvertent errors and provisions legislation. This achievement arises from the 2004. The bill also grants increased due proc- that had been agreed to by the Conferees but year of intensive work by the National Com- ess protections in IRS collection actions, in- mistakenly not included in the conference re- mission on Restructuring the Internal Revenue cluding notification and appeals in liens, levies port on the recently-enacted Transportation Service, of which I was privileged to be a and seizures, and also requires court approval Equity Act for the 21st CenturyÐTEA 21. member. Among its many activities, the Com- prior to the seizure of a principal residence. H.R. 3978 is consensus legislationÐit had mission held 12 public hearings, three field Among its other protections, the conference been worked out in cooperation with the ma- hearings and visited six IRS Service centers. report expands the authority of the IRS Tax- jority and minority in both this body and with We also interviewed more than 500 hundred payer Advocate, liberalizes the awarding of at- the Senate. H.R. 3978 passed the House by individuals, including both current and former torney fees in tax cases, authorizes low-in- unanimous consent on June 3, 1998. It was IRS employees and managers, congressional come taxpayer clinics and expands rules for hoped that the legislation would quickly pass committee members and staff, executive providing installment agreements and offers- the Senate and be signed by the President at branch officials, academics and public sector in-compromises. the same time that he signed the TEA 21 law advisors. Above all, we sought to determine Vital to a 21st century IRS, the conference on June 9, 1998. Unfortunately, H.R. 3978 what were the most common problems that report expands electronic tax return filing sys- was unable to pass the Senate because of a average taxpayers experienced with the IRS. tems by eliminating certain related paper sub- provision unrelated to the transportation provi- In turn, it was the responsibility of the Con- missions, authorizing signature alternatives sions of TEA 21, but instead one that ad- gress and the Clinton Administration to trans- and providing electronic filing goals and incen- dressed corrections to programs under the ju- late into legislation the many constructive tives. These measures, along with a modern- risdiction of the Committee on Veterans' Af- ideas generated by the Commission. In this ized IRS computer system, should result in fairs. respect, I want to thank the Administration, better service for all taxpayers, including faster I am pleased that the Congress is address- and in particular Treasury Secretary Rubin, refunds, easier filing and a more responsive ing the important items contained in the TEA Commissioner Rossotti, and their respective system for answering taxpayer inquiries. 21 Restoration Act. I want to thank Chairman staffs, for their major contribution to the devel- Lastly, to increase Congressional oversight ARCHER, Speaker GINGRICH, Majority Leader opment of this legislation. Since the first IRS of the IRS, the bill provides for five annual ARMEY, and Senators LOTT and ROTH for restructuring bill was introduced last summer, joint House-Senate hearings on the agency, agreeing to include H.R. 3978 in this legisla- the Treasury Department and the IRS have and requires a complexity analysis to be in- tion. I am particularly grateful because while worked closely with the House and Senate cluded in each tax bill reported out of the tax- the transportation portions of H.R. 3978 did tax-writers to insure that the bill will be effec- writing committees. not have any effect on the federal deficit, one tive from a tax administration and tax policy While the Conference Agreement is fully provision relating to veterans' affairs did have standpoint. In doing so, they refined and im- paid for over 10 years, I am concerned about a modest impact and it still was included. H5366 CONGRESSIONAL RECORD — HOUSE June 25, 1998 I am including a summary of the provisions SECTION 9007 HIGHWAY FINANCE ing as an act of ‘‘willful misconduct’’ by vet- contained in Title IX. Updates the Transportation Infrastructure erans. The provision in the TEA–21 Restora- tion Act corrects any reference to smoking HOUSE/SENATE JOINT SUMMARY OF TECHNICAL Finance and Innovation Act program to as an act of ‘‘willful misconduct’’ by veter- CORRECTIONS TO TRANSPORTATION EQUITY begin in 1999 rather than in 1998. ans. ACT FOR THE 21ST CENTURY Conforms the credit levels in the Transpor- tation Infrastructure Finance and Innova- This provision also clarifies that veterans This legislation: (1) restores provisions tion program to agreed upon distribution who have filed claims for smoking-related agreed to by the conferees; (2) makes tech- levels of budget authority. benefits are grandfathered. nical corrections to provisions included in The provision also makes clear that those H.R. 2400; and (3) eliminates duplicative pro- SECTION 9008 HIGH PRIORITY PROJECTS active-duty service personnel who contract a gram authorizations. TECHNICAL CORRECTIONS smoking-related illness while in service con- This legislation does not change the for- Makes technical corrections, description tinue to qualify for disability compensation. mula allocations contained in the Con- changes and previously agreed upon addi- Another correction in this bill relates to ference Report to the Transportation Equity tions to high priority projects. ensuring that survivors and their dependents Act for the 21st Century. SECTION 9009 FEDERAL TRANSIT ADMINISTRATION will receive a 20% increase in education as- The following is a section by section de- PROGRAMS sistance benefits. scription of provisions included in the TEA– Makes corrections to transit planning pro- SECTION 9015 TECHNICAL CORRECTIONS 21 Restoration Act: visions to conform to provisions in title 23. REGARDING TITLE IX SECTION 9001 SHORT TITLE Clarifies eligibility of clean diesel under Makes technical corrections to the Reve- SECTION 9002 AUTHORIZATION AND PROGRAM clean fuels program. nue title. SUBTITLE Makes technical corrections to section 5309 SECTION 9016 EFFECTIVE DATE Adjusts funding levels for high priority and clarifies the Secretary’s full funding Provides for the effective date of this act projects to conform with list in the con- grant agreement authority. to conform with the effective date of TEA–21. Funds University Transportation Centers ference report and to correct other errors. Mr. CAMP. Mr. Speaker, I rise in strong Adjusts funding levels for Highway Use authorized under title 5. Tax Evasion projects to allow for implemen- Restores requirement that transit grantees support of H.R. 2676, the Internal Revenue tation of the Excise Fuel Tracking System. accept non-disputed audits of other govern- Service Restructuring and Reform Act of 1997. Corrects the obligation limitation levels ment agencies when awarding contracts. Today we have a Republican-led fundamental, for mathematical consistency and conforms Makes corrections to the authorizations comprehensive reform of the IRS. This will obligation limitation treatment to current for planning, University Transportation Cen- help protect taxpayers by increasing oversight, ters, the National Transit Institute and the practice for research programs. holding IRS employees accountable and insur- Makes other conforming and technical additional amounts for new starts. Makes technical corrections, description ing taxpayers are treated with fairness. changes such as renumbering sections and First, the burden of proof shifts to the IRS correcting cross reference. changes, and previously agreed upon addi- tions to new starts projects. in court proceedingsÐnow, finally, you're inno- SECTION 9003 RESTORATIONS TO GENERAL Makes technical corrections to the access cent until proven guilty. Second, innocent PROVISIONS SUBTITLE to jobs and reverse commute programs. spouses will not be held responsible for taxes Restores the National Historic Covered Corrects funding level for the Rural Trans- dueÐthe income-earning spouse will pay. Bridge Preservation program. portation Accessibility Incentive Program Restores the Substitute Project for the Third, interest and penalty relief is provided in and makes other technical corrections. certain cases, where the IRS fails to give the Barney Circle Freeway, Washington, DC. Makes technical corrections to study on Restores Fiscal, Administrative and Other transit in national parks. proper notice to taxpayers. Fourth, we prohibit Amendments included in both House and Makes corrections to obligation limitation the IRS from seizing a taxpayer's home with- Senate bills. levels. out a court order. And finally, we permit the Removes section 1211(j) regarding winter SECTION 9010 MOTOR CARRIER SAFETY taxpayer to collect up to $100,000 in civil dam- home heating oil delivery. TECHNICAL CORRECTION ages resulting from IRS negligence. Makes technical corrections to section Conforms section references for the Motor These are only a few of the changes in the 1211, Amendments to Prior Surface Trans- first IRS reform since 1952. And this bill is portation laws and section 1212, Miscellane- Carrier Safety program. ous Provisions. SECTION 9011 RESTORATIONS TO RESEARCH TITLE only the first stepÐbut it's a big one, and it's Clarifies program funding categories for Adjusts authorization levels for university a necessary one. Mr. Speaker, H.R. 2676 rep- Puerto Rico and continues current law pen- transportation centers to conform with resents a critical step in returning government alties for Puerto Rico for non-compliance modifications made in the Transit title in to the people we represent. I urge support for with the federal minimum drinking age re- section 9. this important legislation. quirements. Restores eligibility of Intelligent Trans- Mr. PACKARD. Mr. Speaker, I rise today in Clarifies that contract authority is author- portation System activities for innovative support of H.R. 2676, the Internal Revenue ized for provisions contained in section 1215, financing. Service Restructuring and Reform Act. The Designated Transportation Enhancement Ac- Corrects drafting errors to 5116 (e) and (f). IRS is in desperate need of repair. This out of tivities. Makes technical and conforming changes Modifies Sec. 1217(j) to allow for effective to university research provisions. control agency has not been reformed since implementation of this subsection. Corrects references to the Director of the 1952 and H.R. 2676 is the first step in the Modifies Magnetic Levitation Deployment Bureau of Transportation Statistics. overhauling process. Program to clarify eligibility of low-speed Corrects drafting errors to Fundamental Our tax system is in need of comprehensive magnetic levitation technologies. Properties of Asphalts and Modified Asphalts reform. H.R. 2676 is another step in the proc- Corrects reference to Special Olympics. research program. ess to save taxpayers from the burden of the SECTION 9004 RESTORATIONS TO PROGRAM SECTION 9012 AUTOMOBILE SAFETY AND IRS giant. The IRS Restructuring and Reform STREAMLINING AND FLEXIBILITY SUBTITLE INFORMATION Act will protect taxpayers by increasing over- Restores Discretionary Grant Selection Corrects reference to the National High- sight, holding employees accountable for their Criteria provisions. way Traffic Safety Administration. actions, and creating a level playing field for Conforms Environmental Streamlining Makes conforming changes to provisions in taxpayer rights. provisions to include mass transit projects. Subtitle D of Title VII. Mr. Speaker, I am sure we could all share SECTION 9005 RESTORATIONS TO SAFETY SECTION 9013 TECHNICAL CORRECTIONS ``IRS horror stories'' that our constituents have SUBTITLE REGARDING SUBTITLE A OF TITLE VII been through. It is time we act on those sto- Restores the Open Container Law safety Makes corrections to offsetting adjust- ries and reform the system. This bill will shift program. ments for discretionary spending limits. the burden of proof from the taxpayer to the Conforms the Minimum Penalties for Re- Makes other technical and conforming peat Offenders for Driving while Intoxicated changes to Title VIII. IRS. Too many families pay money they do program. not owe, and too many times the weakest tax- SECTION 9014 CORRECTIONS TO VETERANS payers are unfairly targeted by the IRS. SECTION 9006 ELIMINATION OF DUPLICATE SUBTITLE PROVISIONS Mr. Speaker, for too long, the IRS has been The TEA–21 Restoration Act corrects accountable to no one. It is time we make Eliminated duplicate provisions for San drafting errors to Sec. 8201. Mateo County, California, the Value Pricing The provision included in the Conference them accountable to those they serveÐthe Pilot Program, and National Defense High- Report on TEA–21 to use the Veterans smok- American taxpayer. I urge my colleagues to ways Outside the United States ing-related disability benefits for transpor- support H.R. 2676. Restores the Minnesota Transportation tation was drafted incorrectly and had the Mrs. FOWLER. Mr. Speaker, for many citi- History Network provision. unintended consequence of identifying smok- zens, the IRS stands for precisely what is June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5367 wrong with our federal bureaucracy. Over the That term is meaningless in international law. Mr. MCDERMOTT. Mr. Speaker, I ob- last few months, we've heard horror stories What we do in these agreements, and will ject to the vote on the ground that a from our constituents about experiences they continue to do even after this provision is quorum is not present and make the have had with the IRS. This is an agency that adopted, is agree to give that nation the same point of order that a quorum is not has had the ability to completely tear down a treatment as we give the nation that is ``most present. person's life, change their entire financial out- favored'' under our laws and treaties. So the The SPEAKER pro tempore. Evi- look and wreak irrevocable damage, some- name change is an international embarrass- dently a quorum is not present. times with no further provocation than a com- mentÐdone for the sole purpose of making it The Sergeant at Arms will notify ab- puter glitch or a record-keeping problem. politically more palatable to give MFN to sent Members. I know that there are many hardworking, China, or in the future maybe to other totali- The SPEAKER pro tempore. The conscientious, and caring individuals who work tarian dictatorship such as Viet Nam or North Chair will reduce to a minimum of 5 for the Internal Revenue Service, but the cur- Korea. minutes the period of time within rent system is simply not working the way it Mr. Speaker, maybe we can change the pol- which a vote by electronic device, if or- should. Where else but in the massive bu- itics of this issue by changing its name, but we dered, will be taken on the question of reaucracy of the IRS is a person guilty, until can't change the facts. A government that agreeing to the conference report. proven innocent. murders and tortures people for their political The vote was taken by electronic de- This legislation will make long-overdue and and religious beliefs, that forces women to un- vice, and there were—yeas 116 nays 292, necessary changes to the IRS, shifting the dergo abortion and sterilization, that executes not voting 26, as follows: burden of proof to the agency in tax liability prisoners in order to sell their body parts, that [Roll No. 273] steals jobs from American workers by produc- disputes, providing crucial relief to innocent YEAS—116 spouses who have become unsuspecting vic- ing goods in forced labor camps, is not a ``nor- mal'' governmentÐand thank God for that. Abercrombie Gutierrez Obey tims of the IRS, and establishing an independ- Allen Hastings (FL) Olver ent oversight board. Unfortunately, what this provision says is that Andrews Hefner Ortiz This bipartisan bill will also take several im- doing business with such a government Baldacci Hilliard Owens portant steps to lower the tax burden on indi- should be ``business as usual.'' Barrett (WI) Hinchey Pallone Mr. Speaker, if we had a fair and open de- Becerra Hoyer Payne viduals who are trying to plan for retirement, Blagojevich Jackson (IL) Pelosi save for their children's college tuition, or buy bate on this provision, I would move that in- Blumenauer Jackson-Lee Peterson (MN) a home by reducing the capital gains tax rate. stead of changing the name of MFN to ``nor- Bonior (TX) Poshard mal trade relations,'' we call it something more Borski Jefferson Price (NC) Federal Reserve Board Chairman Alan Brady (PA) Johnson, E. B. Rahall Greenspan once said himself that, (quote) accurate, like ``dollars for dictators.'' Brown (FL) Kanjorski Rangel ``the capital gains tax is the poorest way to Again, Mr. Speaker, I will vote for the con- Brown (OH) Kaptur Rivers raise revenue.'' He went on to say that it is ference report because I strongly support IRS Cardin Kennedy (RI) Rodriguez Carson Kildee Roybal-Allard ``counterproductive to long-term economic reform. The legislation shifts the burden of proof from the taxpayer to the government. It Clyburn Kilpatrick Rush growth which affects all American society.'' In- Conyers Kind (WI) Sabo deed, since Republicans paved the way for creates an independent civilian review board Costello Klink Sanders the capital gains reduction in the Taxpayer to oversee the IRS. It requires IRS to be less Coyne Kucinich Sawyer arbitrary and to provide more due process be- Cummings LaFalce Scott Relief Act of last year, our economy has Davis (IL) Lantos Skaggs boomed and now the Congress is fortunate to fore it seizes taxpayers' property. And it re- DeFazio Lee Smith, Adam be debating how to use billions of dollars ex- duces the capital gains tax. These are all im- DeGette Levin Snyder portant victories for the American taxpayer. It's Delahunt Lipinski Spratt pected in surplus revenues. just too bad that we are also handing a victory DeLauro Luther Stark Mr. Speaker, I support the capital gains re- Dicks Manton Stenholm duction and the overall legislation and urge my to Beijing and Hanoi and to their partners and Doggett Matsui Stokes colleagues to do the same. It is a common cheerleaders here in the United States. Dooley McDermott Strickland Mr. ARCHER. Mr. Speaker, I yield Edwards McGovern Stupak sense way to restore power to our citizens back the balance of my time. Engel McHale Thompson and bring about changes that will make the The SPEAKER pro tempore. Without Etheridge Meek (FL) Tierney IRS more efficient, accountable, effective, and Evans Meeks (NY) Towns objection, the previous question is or- Fattah Menendez Vento taxpayer-friendly. dered on the conference report. Fazio Millender- Visclosky Mr. SMITH of New Jersey. Mr. Speaker, I There was no objection. Filner McDonald Waters Ford Miller (CA) Waxman intend to vote in favor of the conference re- MOTION TO RECOMMIT OFFERED BY MR. port, because we need a more taxpayer- Frank (MA) Minge Wise MC DERMOTT Furse Mink Yates friendly IRS. But I cannot cast my vote without Mr. MCDERMOTT. Mr. Speaker, I Gejdenson Nadler stating my strong objection to the provision offer a motion to recommit. Gephardt Oberstar that changes the name of ``Most Favored Na- The SPEAKER pro tempore. Is the NAYS—292 tion'' status (MFN) in an attempt to sugar-cost gentleman opposed to the conference Ackerman Bryant Danner the practice of giving trade concessions to report? Aderholt Bunning Davis (FL) thugs and murderers. Mr. MCDERMOTT. Yes, I am, Mr. Archer Burr Davis (VA) It is hard to know what is worse about this Speaker. Armey Burton Deal Bachus Buyer DeLay provision: its deplorable substance, or the The SPEAKER pro tempore. The Baesler Callahan Deutsch sneaky and underhanded way in which it has Clerk will report the motion to recom- Baker Calvert Diaz-Balart been adopted. This provision was inserted in mit. Ballenger Camp Dickey the dark of night, just a few hours before the The Clerk read as follows: Barcia Campbell Doolittle Barr Canady Doyle Rules Committee met on this bill. It was Mr. MCDERMOTT moves to recommit the Barrett (NE) Cannon Dreier known to be controversial on both sides of the conference report on the bill H.R. 2676 to the Bartlett Capps Duncan aisle, but opponents were given no warningÐ committee of conference with instructions Barton Castle Dunn not a day, not an hour, not a minute's warn- to the managers on the part of the House to Bass Chabot Ehlers disagree to section 5001 (relating to lower Bateman Chambliss Ehrlich ingÐthat it might be inserted into a bill we all capital gains rates to apply to property held Bentsen Chenoweth Emerson strongly support. And it has nothing at all to more than 1 year) in the conference sub- Bereuter Christensen English do with IRS reform. It is irrelevant, non-ger- Berry Clayton Ensign stitute recommended by the committee of Bilbray Clement Eshoo mane, out-of-scope, and contrary to the rules conference. Bilirakis Coble Everett of the House. The SPEAKER pro tempore. Without Bishop Coburn Ewing On the merits, the ``normal trade relations'' objection, the previous question is or- Bliley Collins Farr provision substitutes an ideological slogan for Blunt Combest Fawell dered on the motion to recommit. Boehlert Condit Foley a technically accurate term that is hundreds of There was no objection. Boehner Cook Forbes years old and is universally accepted in inter- The SPEAKER pro tempore. The Bonilla Cooksey Fossella national law and practice. When we sign an question is on the motion to recommit. Bono Cramer Fowler Boswell Crane Fox MFN agreement with a foreign nation, we do The question was taken; and the Boucher Crapo Franks (NJ) not and will not agree to give that nation Speaker pro tempore announced that Boyd Cubin Frelinghuysen something called ``normal trade relations.'' the noes appeared to have it. Brown (CA) Cunningham Frost H5368 CONGRESSIONAL RECORD — HOUSE June 25, 1998 Gallegly Lucas Sanchez The result of the vote was announced Kleczka Obey Shimkus Ganske Maloney (CT) Sandlin Klink Olver Shuster Gekas Maloney (NY) Sanford as above recorded. Knollenberg Ortiz Sisisky Gibbons Manzullo Saxton PERSONAL EXPLANATION Kolbe Owens Skaggs Gilchrest Martinez Scarborough Kucinich Oxley Skeen Gillmor Mascara Schaefer, Dan Mr. PACKARD. Mr. Speaker, I was unavoid- LaFalce Pallone Skelton Gilman McCarthy (MO) Schaffer, Bob ably detained on June 25, 1998 for rollcall LaHood Pappas Slaughter Goode McCarthy (NY) Schumer vote 273. Had I been present, I would have Lantos Parker Smith (MI) Goodlatte McCollum Sensenbrenner voted ``nay.'' Largent Pascrell Smith (NJ) Goodling McCrery Sessions Latham Pastor Smith (OR) Gordon McHugh Shadegg The SPEAKER pro tempore (Mr. LaTourette Paul Smith (TX) Goss McInnis Shaw PEASE). The question is on the con- Lazio Paxon Smith, Adam Graham McIntosh Shays ference report. Leach Payne Snowbarger Granger McIntyre Sherman Lee Pease Snyder Green McKeon Shimkus The question was taken; and the Levin Pelosi Solomon Greenwood McKinney Shuster Speaker pro tempore announced that Lewis (CA) Peterson (MN) Spence Gutknecht McNulty Sisisky the ayes appeared to have it. Lewis (KY) Peterson (PA) Spratt Hall (OH) Metcalf Skeen Linder Petri Stabenow Hall (TX) Mica Skelton RECORDED VOTE Lipinski Pickering Stark Hansen Miller (FL) Slaughter Mr. ARCHER. Mr. Speaker, I demand Livingston Pickett Stearns Harman Mollohan Smith (MI) a recorded vote. LoBiondo Pitts Stenholm Hastert Moran (KS) Smith (NJ) Lofgren Pombo Stokes Hastings (WA) Moran (VA) Smith (OR) A recorded vote was ordered. Lowey Pomeroy Strickland Hayworth Morella Smith (TX) The SPEAKER pro tempore. This Lucas Porter Stump Hefley Murtha Smith, Linda will be a 5-minute vote. Luther Portman Stupak Herger Myrick Snowbarger Maloney (CT) Poshard Sununu Hill Nethercutt Solomon The vote was taken by electronic de- Maloney (NY) Price (NC) Talent Hilleary Neumann Spence vice, and there were—ayes 402, noes 8, Manton Pryce (OH) Tanner Hobson Ney Stabenow not voting 25, as follows: Manzullo Quinn Tauscher Hoekstra Northup Stearns Mascara Radanovich Tauzin Holden Norwood Stump [Roll No 274] McCarthy (MO) Rahall Taylor (MS) Hooley Nussle Sununu AYES—402 McCarthy (NY) Ramstad Taylor (NC) Horn Oxley Talent McCollum Rangel Thomas Hostettler Pappas Tanner Abercrombie Coburn Gibbons McCrery Redmond Thompson Houghton Parker Tauscher Ackerman Collins Gilchrest McGovern Regula Thornberry Hunter Pascrell Tauzin Aderholt Combest Gillmor McHale Riggs Thune Hyde Pastor Taylor (MS) Allen Condit Gilman McHugh Riley Thurman Inglis Paul Taylor (NC) Andrews Conyers Gingrich McInnis Rivers Tiahrt Istook Paxon Thomas Archer Cook Goode McIntosh Rodriguez Tierney Jenkins Pease Thornberry Armey Cooksey Goodlatte McIntyre Roemer Torres John Peterson (PA) Thune Bachus Costello Goodling McKeon Rogan Towns Johnson (CT) Petri Thurman Baesler Cox Gordon McKinney Rogers Traficant Johnson (WI) Pickering Tiahrt Baker Coyne Goss McNulty Rohrabacher Upton Johnson, Sam Pickett Torres Baldacci Cramer Graham Meek (FL) Ros-Lehtinen Vento Jones Pitts Traficant Ballenger Crane Granger Meeks (NY) Rothman Visclosky Kasich Pombo Upton Barcia Crapo Green Menendez Roukema Walsh Kelly Pomeroy Walsh Barr Cubin Greenwood Metcalf Roybal-Allard Wamp Kennedy (MA) Porter Wamp Barrett (NE) Cummings Gutierrez Mica Royce Waters Kennelly Portman Watkins Barrett (WI) Cunningham Gutknecht Millender- Rush Watkins Kim Pryce (OH) Watt (NC) Bartlett Danner Hall (OH) McDonald Ryun Watt (NC) King (NY) Quinn Watts (OK) Barton Davis (FL) Hall (TX) Miller (CA) Salmon Watts (OK) Kingston Radanovich Weldon (FL) Bass Davis (IL) Hansen Miller (FL) Sanchez Waxman Kleczka Ramstad Weldon (PA) Bateman Davis (VA) Harman Minge Sanders Weldon (FL) Knollenberg Redmond Weller Becerra Deal Hastert Mink Sandlin Weldon (PA) Kolbe Regula Wexler Bentsen DeFazio Hastings (FL) Mollohan Sanford Weller LaHood Riggs Weygand Bereuter DeGette Hastings (WA) Moran (KS) Sawyer Wexler Largent Riley White Berry Delahunt Hayworth Moran (VA) Saxton Weygand Latham Roemer Whitfield Bilbray DeLauro Hefley Morella Scarborough White LaTourette Rogan Wicker Bilirakis DeLay Hefner Murtha Schaefer, Dan Whitfield Lazio Rogers Wilson Bishop Deutsch Herger Myrick Schaffer, Bob Wicker Leach Rohrabacher Wolf Blagojevich Diaz-Balart Hill Nadler Schumer Wilson Lewis (KY) Ros-Lehtinen Woolsey Bliley Dickey Hilleary Nethercutt Scott Wise Linder Rothman Wynn Blumenauer Dicks Hilliard Neumann Sensenbrenner Wolf Livingston Roukema Young (AK) Blunt Doggett Hinchey Ney Sessions Woolsey LoBiondo Royce Young (FL) Boehlert Dooley Hobson Northup Shadegg Wynn Lofgren Ryun Boehner Doolittle Hoekstra Norwood Shaw Young (AK) Lowey Salmon Bonilla Doyle Holden Nussle Shays Young (FL) Bonior Dreier Hooley Oberstar Sherman NOT VOTING—26 Bono Duncan Horn NOES—8 Berman Hulshof Moakley Borski Dunn Hostettler Brady (TX) Hutchinson Neal Boswell Edwards Houghton Fazio Matsui Smith, Linda Clay Klug Packard Boucher Ehlers Hoyer Frank (MA) McDermott Yates Cox Lampson Reyes Boyd Ehrlich Hunter Martinez Sabo Brady (PA) Emerson Hyde Dingell Lewis (CA) Serrano NOT VOTING—25 Dixon Lewis (GA) Souder Brown (CA) Engel Inglis Gonzalez Markey Turner Brown (FL) English Istook Berman Hulshof Neal Hamilton McDade Velazquez Brown (OH) Ensign Jackson (IL) Brady (TX) Hutchinson Packard Hinojosa Meehan Bryant Eshoo Jackson-Lee Clay Klug Reyes Bunning Etheridge (TX) Dingell Lampson Serrano b 1720 Burr Evans Jefferson Dixon Lewis (GA) Souder Burton Everett Jenkins Fattah Markey Turner Messrs. WYNN, MOLLOHAN, FA- Buyer Ewing John Gonzalez McDade Velazquez WELL, BERRY, TAYLOR of Mis- Callahan Farr Johnson (CT) Hamilton Meehan Calvert Fawell Johnson (WI) Hinojosa Moakley sissippi, FROST, NUSSLE, KENNEDY Camp Filner Johnson, E. B. of Massachusetts, McNULTY, ACKER- Campbell Foley Johnson, Sam b 1733 Canady Forbes Jones MAN, GREEN, HOLDEN, McINTYRE, So the conference report was agreed DAVIS of Florida, BROWN of Califor- Cannon Ford Kanjorski Capps Fossella Kaptur to. nia, WEYGAND, and Mrs. LOWEY, Cardin Fowler Kasich The result of the vote was announced Mrs. CLAYTON, and Ms. McKINNEY Carson Fox Kelly as above recorded. changed their vote from ‘‘yea’’ to Castle Franks (NJ) Kennedy (MA) Chabot Frelinghuysen Kennedy (RI) A motion to reconsider was laid on ‘‘nay.’’ Chambliss Frost Kennelly the table. Ms. PELOSI, Mr. FAZIO of Califor- Chenoweth Furse Kildee f nia, and Mr. STOKES changed their Christensen Gallegly Kilpatrick vote from ‘‘nay’’ to ‘‘yea.’’ Clayton Ganske Kim PERSONAL EXPLANATION Clement Gejdenson Kind (WI) So the motion to recommit was re- Clyburn Gekas King (NY) Mr. HINOJOSA. Mr. Speaker, due to busi- jected. Coble Gephardt Kingston ness in my Congressional District, I today was June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5369 forced to missed the following rollcall votes: PERMISSION FOR COMMITTEE ON ness. We do not expect any recorded 267, 268, 269, 270, 271, 272, 273 and 274. APPROPRIATIONS TO HAVE votes before 5 p.m. Had I been present I would have voted as fol- UNTIL MIDNIGHT, WEDNESDAY, On Tuesday, July 14, we will consider lows: Nos. 267±270, nay; Nos. 271±274, yea. JULY 8, 1998, TO FILE PRIVI- a number of bills under suspension of LEGED REPORT ON DEPART- the rules, a list of which will be distrib- f MENT OF THE INTERIOR AND uted to the Members and to the minor- RELATED AGENCIES APPROPRIA- ity whip as soon as possible. TIONS ACT, 1999 After suspensions, the House will PERSONAL EXPLANATION continue consideration of H.R. 2108, Mr. HUTCHINSON. Mr. Speaker, Due to a Mr. YOUNG of Florida. Mr. Speaker, that is the Bipartisan Campaign Integ- death in my family, I was not present for roll- I ask unanimous consent that the Com- rity Act of 1997. call No. 267 (a vote on H. Res. 491, a resolu- mittee on Appropriations may have On Wednesday, July 15, the House tion providing for the adjournment of the until midnight, Wednesday, July 8, will meet at 10 a.m. to consider the fol- House and Senate for the Independence Day 1998, to file a privileged report to ac- lowing legislation: H.R. 3682, the Child district work period). Had I been present, I company a bill making appropriations Custody Protection Act; and H.R. 3267, would have voted ``aye.'' for the Department of the Interior and the Sonny Bono Memorial Salton Sea related agencies for the fiscal year end- Also, Mr. Speaker, I was not present for roll- Reclamation Act. ing September 30, 1999, and for other call No. 268 (the vote on H. Res. 485, a reso- On Thursday, July 16, the House will purposes. lution providing for consideration of the bill, meet at 10 a.m., and on Friday, July 17, The SPEAKER. Is there objection to H.R. 4104, making appropriations for the the House will meet at 9 a.m. to con- the request of the gentleman from Treasury Department, the United States Postal sider the VA–HUD Appropriations Act; Florida? Service, the Executive Office of the President, the Interior Appropriations Act; and There was no objection. and certain Independent Agencies for FY the Treasury Postal Appropriations The SPEAKER. Pursuant to clause 8 1999). Had I been present, I would have voted Act. of rule XXI, all points of order are re- Mr. Speaker, during the week we re- ``no.'' served. turn, we also expect to deal with the Mr. Speaker, I was not present for rollcall President’s veto of H.R. 2709, the Iran No. 269 (the vote ordering the previous ques- f Missile Proliferation Sanctions Act. tion on H. Res. 489, a resolution providing for PERMISSION FOR COMMITTEE ON Mr. Speaker, we hope to conclude consideration of the bill H.R. 4112, making ap- APPROPRIATIONS TO HAVE legislative business for that week by 2 propriations for the Legislative Branch for FY UNTIL MIDNIGHT, WEDNESDAY, p.m. on Friday, July 17. 1999). Had I been present, I would have voted JULY 8, 1998, TO FILE A PRIVI- Mr. BONIOR. Could I inquire of one ``aye.'' LEGED REPORT ON DEPART- other point from the gentleman from Mr. Speaker, I was not present for rollcall MENTS OF VETERANS AFFAIRS New York. No. 270 (the vote on H. Res. 489, a resolution AND HOUSING AND URBAN DE- The Bipartisan Campaign Integrity providing for consideration of the bill H.R. VELOPMENT, AND INDEPENDENT Act will occur after the suspensions on 4112, making appropriations for the Legislative AGENCIES APPROPRIATIONS the Tuesday that we return. Does the Branch for FY 1999). Had I been present, I ACT, 1999 gentleman expect that we will have the would have voted ``aye.'' Mr. YOUNG of Florida. Mr. Speaker, Doolittle amendment to the Shays- Mr. Speaker, I was not present for rollcall I ask unanimous consent that the Com- Meehan bill before us on that evening? Mr. SOLOMON. It could be, yes. We No. 271 (the vote on the motion to recommit mittee on Appropriations may have will be following regular order and that H.R. 4112, a bill making appropriations for the until midnight, Wednesday, July 8, would be in order. Legislative Branch for FY 1999). Had I been 1998, to file a privileged report to ac- Mr. ALLEN. Mr. Speaker, will the present, I would have voted ``no.'' company a bill making appropriations Mr. Speaker, I was not present for rollcall gentleman yield? for the Departments of Veterans Af- Mr. BONIOR. I yield to the gen- No. 272 (the vote on H.R. 4112, a bill making fairs and Housing and Urban Develop- appropriations for the Legislative Branch for tleman from Maine. ment, and for sundry independent Mr. ALLEN. Mr. Speaker, if I could FY 1999). Had I been present, I would have agencies, boards, commissions, cor- voted ``aye.'' follow up on that inquiry. As the gen- porations, and offices for the fiscal tleman from New York knows, H.R. Mr. Speaker, I was not present for rollcall year ending September 30, 1999, and for No. 273 (the vote on a motion to recommit the 2183, the base bill for the debate, the other purposes. campaign finance reform debate, has 11 conference report for H.R. 2676, the Internal The SPEAKER. Is there objection to Revenue Service Restructuring and Reform substitutes. We have now worked the request of the gentleman from through one of those substitutes. We Act). Had I been present, I would have voted Florida? ``no.'' are working on the second substitute. There was no objection. Am I correct in understanding that the Mr. Speaker, I was not present for rollcall The SPEAKER. Pursuant to clause 8 time on Tuesday would be the only No. 274 (the vote on agreeing to the con- of rule XXI, all points of order are re- time during the week that we would be ference report for H.R. 2676, the Internal Rev- served. dealing with that particular issue? enue Service Restructuring and Reform Act). f Mr. SOLOMON. It is most likely. Had I been present, I would have voted ``aye.'' However, sometimes legislation moves LEGISLATIVE PROGRAM much faster. It was amazing what the f (Mr. BONIOR asked and was given gentleman from Florida (Mr. YOUNG) permission to address the House for 1 and the gentleman from Pennsylvania PERSONAL EXPLANATION minute.) (Mr. MURTHA) accomplished with the Mr. PACKARD. Mr. Speaker, I was unavoid- Mr. BONIOR. Mr. Speaker, I yield to Defense appropriations bill. That ably detained on June 25, 1998 for rollcall the distinguished gentleman from New leaves a lot of windows of opportunity. vote 274. Had I been present, I would have York (Mr. SOLOMON) to inquire about So it could be we would take it up voted ``yea.'' the schedule for the day, the rest of the other times, too. week, and for when we will return. Let me just say to the gentleman f Mr. SOLOMON. Mr. Speaker, I thank that I think we are beginning to move the gentleman for yielding. I am rapidly now. Once we are past these pleased to announce that we have con- two substitutes, I think we are going to PERSONAL EXPLANATION cluded legislative business for this find that many Members who are able Mr. DIXON. Mr. Speaker, a medical appoint- week and will now begin the Independ- to under the rule offer amendments, I ment in Los Angeles forced me to miss rollcall ence Day District Work Period. think we are going to find they are not votes 273 and 274. Had I been present, I The House will next meet on Tues- going to offer those amendments, and I would have voted ``aye'' on rollcall No. 273 day, July 14, at 12:30 p.m. for morning think we are going to see quite a and aye on rollcall No. 274. hour and at 2 p.m. for legislative busi- speedy process. H5370 CONGRESSIONAL RECORD — HOUSE June 25, 1998 Mr. ALLEN. If the gentleman will The Clerk read the House amendment ‘‘(ii) All failures of a State during a fiscal yield for one further question, I actu- to the Senate amendment to the text, year to comply with any of the requirements ally agree with that. That if we get as follows: referred to in the same subparagraph of sec- tion 454(24) shall be considered a single fail- through the Shays-Meehan substitute House amendment to Senate amendment ure of the State to comply with that sub- in a timely fashion, the speed with to the text: paragraph during the fiscal year for purposes which we deal with these issues may In lieu of the matter proposed to be in- of this paragraph. pick up. But the fact remains that serted by the Senate amendment to the text ‘‘(B) In this paragraph: there are so many amendments to the of the bill, insert the following: ‘‘(i) The term ‘penalty amount’ means, Shays-Meehan substitute that it seems SECTION 1. SHORT TITLE. with respect to a failure of a State to comply to me unless we allocate enough time This Act may be cited as the ‘‘Child Sup- with a subparagraph of section 454(24)— port Performance and Incentive Act of 1998’’. ‘‘(I) 4 percent of the penalty base, in the for that, it will take us several weeks case of the 1st fiscal year in which such a to get through Shays-Meehan. So my SEC. 2. TABLE OF CONTENTS. failure by the State occurs (regardless of concern is there is not enough time al- The table of contents of this Act is as fol- whether a penalty is imposed under this located next week, and then the ques- lows: paragraph with respect to the failure); tion, of course, rises what happens the Sec. 1. Short title. ‘‘(II) 8 percent of the penalty base, in the following week, because this is, after Sec. 2. Table of contents. case of the 2nd such fiscal year; all, the most amendments and the TITLE I—CHILD SUPPORT DATA ‘‘(III) 16 percent of the penalty base, in the most substitutes we will have to deal PROCESSING REQUIREMENTS case of the 3rd such fiscal year; Sec. 101. Alternative penalty procedure. ‘‘(IV) 25 percent of the penalty base, in the with on any bill this entire year. case of the 4th such fiscal year; or Mr. SOLOMON. It is. One has to ad- Sec. 102. Authority to waive single state- wide automated data processing ‘‘(V) 30 percent of the penalty base, in the mire Speaker GINGRICH because he and information retrieval sys- case of the 5th or any subsequent such fiscal lived up to his word to both sides, on tem requirement. year. both sides of the aisle. It is a very open ‘‘(ii) The term ‘penalty base’ means, with TITLE II—CHILD SUPPORT INCENTIVE respect to a failure of a State to comply with process. The House is really going to be SYSTEM able to work its will. But as my col- a subparagraph of section 454(24) during a fis- Sec. 201. Incentive payments to States. league knows, the majority leader cal year, the amount otherwise payable to the State under paragraph (1)(A) of this sub- made a commitment that we would TITLE III—ADOPTION PROVISIONS Sec. 301. More flexible penalty procedure to section for the preceding fiscal year. wrap up this legislation prior to the ‘‘(C)(i) The Secretary shall waive a penalty be applied for failing to permit August recess. The majority leader is a under this paragraph for any failure of a interjurisdictional adoption. man of his word. I am sure that he is State to comply with section 454(24)(A) dur- going to try to expedite this floor ac- TITLE IV—MISCELLANEOUS ing fiscal year 1998 if— tion to make sure that happens. Sec. 401. Elimination of barriers to the ef- ‘‘(I) on or before August 1, 1998, the State Mr. ALLEN. I thank the gentleman fective establishment and en- has submitted to the Secretary a request that the Secretary certify the State as hav- for his comments. forcement of medical child sup- port. ing met the requirements of such section; Mr. SOLOMON. We hope you all have Sec. 402. Safeguard of new employee infor- ‘‘(II) the Secretary subsequently provides a good break. mation. the certification as a result of a timely re- Mr. BONIOR. I thank the gentleman. Sec. 403. Limitations on use of TANF funds view conducted pursuant to the request; and I wish him a happy and healthy for matching under certain ‘‘(III) the State has not failed such a re- Fourth. I wish him a good break. We Federal transportation pro- view. will see him on the 14th of July which gram. ‘‘(ii) If a State with respect to which a re- I believe is Bastille Day. We wish him Sec. 404. Clarification of meaning of high- duction is made under this paragraph for a fiscal year with respect to a failure to com- a happy Bastille Day. volume automated administra- tive enforcement of child sup- ply with a subparagraph of section 454(24) f port in interstate cases. achieves compliance with such subparagraph Sec. 405. General Accounting Office reports. by the beginning of the succeeding fiscal CHILD SUPPORT PERFORMANCE year, the Secretary shall increase the AND INCENTIVE ACT OF 1998 Sec. 406. Data matching by multistate finan- cial institutions. amount otherwise payable to the State Mr. SHAW. Mr. Speaker, I ask unani- Sec. 407. Elimination of unnecessary data under paragraph (1)(A) of this subsection for mous consent (1) that the managers on reporting. the succeeding fiscal year by an amount the part of the House be discharged Sec. 408. Clarification of eligibility under equal to 90 percent of the reduction for the welfare-to-work programs. fiscal year. from further consideration of the bill ‘‘(D) The Secretary may not impose a pen- Sec. 409. Study of feasibility of implement- (H.R. 3130) to provide for an alternative alty under this paragraph against a State penalty procedure for States that fail ing immigration provisions of with respect to a failure to comply with sec- H.R. 3130, as passed by the to meet Federal child support data tion 454(24)(B) for a fiscal year if the Sec- House of Representatives on retary is required to impose a penalty under processing requirements, to reform March 5, 1998. Federal incentive payments for effec- this paragraph against the State with re- Sec. 410. Technical corrections. spect to a failure to comply with section tive child support performance, to pro- TITLE I—CHILD SUPPORT DATA 454(24)(A) for the fiscal year.’’. vide for a more flexible penalty proce- PROCESSING REQUIREMENTS (b) INAPPLICABILITY OF PENALTY UNDER dure for States that violate interjuris- SEC. 101. ALTERNATIVE PENALTY PROCEDURE. TANF PROGRAM.—Section 409(a)(8)(A)(i)(III) of such Act (42 U.S.C. 609(a)(8)(A)(i)(III)) is dictional adoption requirements, to (a) IN GENERAL.—Section 455(a) of the So- amended by inserting ‘‘(other than section amend the Immigration and National- cial Security Act (42 U.S.C. 655(a)) is amend- 454(24))’’ before the semicolon. ity Act to make certain aliens deter- ed by adding at the end the following: ‘‘(4)(A)(i) If— SEC. 102. AUTHORITY TO WAIVE SINGLE STATE- mined to be delinquent in the payment WIDE AUTOMATED DATA PROCESS- of child support inadmissible and ineli- ‘‘(I) the Secretary determines that a State ING AND INFORMATION RETRIEVAL gible for naturalization, and for other plan under section 454 would (in the absence SYSTEM REQUIREMENT. purposes, and (2) to take from the of this paragraph) be disapproved for the fail- (a) IN GENERAL.—Section 452(d)(3) of the ure of the State to comply with a particular Speaker’s table the bill, H.R. 3130, with Social Security Act (42 U.S.C. 652(d)(3)) is subparagraph of section 454(24), and that the amended to read as follows: the amendments of the Senate thereto, State has made and is continuing to make a ‘‘(3) The Secretary may waive any require- and to (A) concur in the amendment of good faith effort to so comply; and ment of paragraph (1) or any condition speci- the Senate to the title with an amend- ‘‘(II) the State has submitted to the Sec- fied under section 454(16), and shall waive the ment, and (B) concur in the amend- retary a corrective compliance plan that de- single statewide system requirement under ment of the Senate to the text with an scribes how, by when, and at what cost the sections 454(16) and 454A, with respect to a amendment. State will achieve such compliance, which State if— The SPEAKER pro tempore (Mr. has been approved by the Secretary, ‘‘(A) the State demonstrates to the satis- then the Secretary shall not disapprove the faction of the Secretary that the State has PEASE). The Chair will entertain the State plan under section 454, and the Sec- or can develop an alternative system or sys- unanimous consent request since the retary shall reduce the amount otherwise tems that enable the State— original papers are at the Speaker’s payable to the State under paragraph (1)(A) ‘‘(i) for purposes of section 409(a)(8), to table. of this subsection for the fiscal year by the achieve the paternity establishment percent- The Clerk read the title of the bill. penalty amount. ages (as defined in section 452(g)(2)) and June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5371 other performance measures that may be es- multiplied by the State incentive payment approved under this part in cases in which tablished by the Secretary; share for the fiscal year. the support obligation involved is required ‘‘(ii) to submit data under section ‘‘(2) INCENTIVE PAYMENT POOL.— to be assigned to the State pursuant to part 454(15)(B) that is complete and reliable; ‘‘(A) IN GENERAL.—In paragraph (1), the A or E of this title or title XIX; and ‘‘(iii) to substantially comply with the re- term ‘incentive payment pool’ means— ‘‘(II) the total amount of support collected quirements of this part; and ‘‘(i) $422,000,000 for fiscal year 2000; during the fiscal year under the State plan ‘‘(iv) in the case of a request to waive the ‘‘(ii) $429,000,000 for fiscal year 2001; approved under this part in cases in which ‘‘(iii) $450,000,000 for fiscal year 2002; single statewide system requirement, to— the support obligation involved was so as- ‘‘(iv) $461,000,000 for fiscal year 2003; ‘‘(I) meet all functional requirements of signed but, at the time of collection, is not sections 454(16) and 454A; ‘‘(v) $454,000,000 for fiscal year 2004; required to be so assigned; and ‘‘(II) ensure that calculation of distribu- ‘‘(vi) $446,000,000 for fiscal year 2005; ‘‘(ii) the total amount of support collected tions meets the requirements of section 457 ‘‘(vii) $458,000,000 for fiscal year 2006; during the fiscal year under the State plan and accounts for distributions to children in ‘‘(viii) $471,000,000 for fiscal year 2007; different families or in different States or ‘‘(ix) $483,000,000 for fiscal year 2008; and approved under this part in all other cases. sub-State jurisdictions, and for distributions ‘‘(x) for any succeeding fiscal year, the ‘‘(6) DETERMINATION OF APPLICABLE PER- to other States; amount of the incentive payment pool for CENTAGES BASED ON PERFORMANCE LEVELS.— ‘‘(III) ensure that there is only 1 point of the fiscal year that precedes such succeeding ‘‘(A) PATERNITY ESTABLISHMENT.— contact in the State which provides seamless fiscal year, multiplied by the percentage (if ‘‘(i) DETERMINATION OF PATERNITY ESTAB- case processing for all interstate case proc- any) by which the CPI for such preceding fis- LISHMENT PERFORMANCE LEVEL.—The pater- essing and coordinated, automated intra- cal year exceeds the CPI for the 2nd preced- nity establishment performance level for a state case management; ing fiscal year. State for a fiscal year is, at the option of the ‘‘(IV) ensure that standardized data ele- ‘‘(B) CPI.—For purposes of subparagraph State, the IV–D paternity establishment per- ments, forms, and definitions are used (A), the CPI for a fiscal year is the average centage determined under section throughout the State; of the Consumer Price Index for the 12- 452(g)(2)(A) or the statewide paternity estab- ‘‘(V) complete the alternative system in no month period ending on September 30 of the lishment percentage determined under sec- more time than it would take to complete a fiscal year. As used in the preceding sen- tion 452(g)(2)(B). tence, the term ‘Consumer Price Index’ single statewide system that meets such re- ‘‘(ii) DETERMINATION OF APPLICABLE PER- means the last Consumer Price Index for all- quirement; and CENTAGE.—The applicable percentage with urban consumers published by the Depart- ‘‘(VI) process child support cases as quick- respect to a State’s paternity establishment ment of Labor. ly, efficiently, and effectively as such cases performance level is as follows: would be processed through a single state- ‘‘(3) STATE INCENTIVE PAYMENT SHARE.—In wide system that meets such requirement; paragraph (1), the term ‘State incentive pay- ‘‘If the paternity establishment performance level is: The appli- ‘‘(B)(i) the waiver meets the criteria of ment share’ means, with respect to a fiscal year— But less cable per- paragraphs (1), (2), and (3) of section 1115(c); At least: than: centage is: or ‘‘(A) the incentive base amount for the State for the fiscal year; divided by ‘‘(ii) the State provides assurances to the 80% ...... 100 ‘‘(B) the sum of the incentive base amounts Secretary that steps will be taken to other- 79% ...... 80% 98 for all of the States for the fiscal year. wise improve the State’s child support en- 78% ...... 79% 96 ‘‘(4) INCENTIVE BASE AMOUNT.—In paragraph forcement program; and 77% ...... 78% 94 (3), the term ‘incentive base amount’ means, 76% ...... 77% 92 ‘‘(C) in the case of a request to waive the with respect to a State and a fiscal year, the 75% ...... 76% 90 single statewide system requirement, the sum of the applicable percentages (deter- 74% ...... 75% 88 State has submitted to the Secretary sepa- 73% ...... 74% 86 mined in accordance with paragraph (6)) rate estimates of the total cost of a single 72% ...... 73% 84 multiplied by the corresponding maximum statewide system that meets such require- 71% ...... 72% 82 incentive base amounts for the State for the ment, and of any such alternative system or 70% ...... 71% 80 fiscal year, with respect to each of the fol- 69% ...... 70% 79 systems, which shall include estimates of the lowing measures of State performance for 68% ...... 69% 78 cost of developing and completing the sys- the fiscal year: 67% ...... 68% 77 tem and of operating and maintaining the 66% ...... 67% 76 ‘‘(A) The paternity establishment perform- 65% ...... 66% 75 system for 5 years, and the Secretary has ance level. agreed with the estimates.’’. 64% ...... 65% 74 ‘‘(B) The support order performance level. 63% ...... 64% 73 (b) PAYMENTS TO STATES.—Section 455(a)(1) ‘‘(C) The current payment performance 62% ...... 63% 72 of such Act (42 U.S.C. 655(a)(1)) is amended— level. 61% ...... 62% 71 (1) by striking ‘‘and’’ at the end of subpara- ‘‘(D) The arrearage payment performance 60% ...... 61% 70 graph (B); level. 59% ...... 60% 69 (2) by striking the semicolon at the end of 58% ...... 59% 68 ‘‘(E) The cost-effectiveness performance 57% ...... 58% 67 subparagraph (C) and inserting ‘‘, and’’; and level. (3) by inserting after subparagraph (C) the 56% ...... 57% 66 ‘‘(5) MAXIMUM INCENTIVE BASE AMOUNT.— 55% ...... 56% 65 following: ‘‘(A) IN GENERAL.—For purposes of para- 54% ...... 55% 64 ‘‘(D) equal to 66 percent of the sums ex- graph (4), the maximum incentive base 53% ...... 54% 63 pended by the State during the quarter for amount for a State for a fiscal year is— 52% ...... 53% 62 51% ...... 52% 61 an alternative statewide system for which a ‘‘(i) with respect to the performance meas- waiver has been granted under section 50% ...... 51% 60 ures described in subparagraphs (A), (B), and 0% ...... 50% 0. 452(d)(3), but only to the extent that the (C) of paragraph (4), the State collections total of the sums so expended by the State base for the fiscal year; and Notwithstanding the preceding sentence, if on or after the date of the enactment of this ‘‘(ii) with respect to the performance meas- the paternity establishment performance subparagraph does not exceed the least total ures described in subparagraphs (D) and (E) level of a State for a fiscal year is less than cost estimate submitted by the State pursu- of paragraph (4), 75 percent of the State col- 50 percent but exceeds by at least 10 percent- ant to section 452(d)(3)(C) in the request for lections base for the fiscal year. the waiver;’’. age points the paternity establishment per- ‘‘(B) DATA REQUIRED TO BE COMPLETE AND formance level of the State for the imme- TITLE II—CHILD SUPPORT INCENTIVE RELIABLE.—Notwithstanding subparagraph diately preceding fiscal year, then the appli- SYSTEM (A), the maximum incentive base amount for cable percentage with respect to the State’s SEC. 201. INCENTIVE PAYMENTS TO STATES. a State for a fiscal year with respect to a paternity establishment performance level is (a) IN GENERAL.—Part D of title IV of the performance measure described in paragraph 50 percent. Social Security Act (42 U.S.C. 651–669) is (4) is zero, unless the Secretary determines, ‘‘(B) ESTABLISHMENT OF CHILD SUPPORT OR- amended by inserting after section 458 the on the basis of an audit performed under sec- DERS.— following: tion 452(a)(4)(C)(i), that the data which the ‘‘(i) DETERMINATION OF SUPPORT ORDER PER- ‘‘SEC. 458A. INCENTIVE PAYMENTS TO STATES. State submitted pursuant to section FORMANCE LEVEL.—The support order per- ‘‘(a) IN GENERAL.—In addition to any other 454(15)(B) for the fiscal year and which is formance level for a State for a fiscal year is payment under this part, the Secretary used to determine the performance level in- shall, subject to subsection (f), make an in- volved is complete and reliable. the percentage of the total number of cases centive payment to each State for each fis- ‘‘(C) STATE COLLECTIONS BASE.—For pur- under the State plan approved under this cal year in an amount determined under sub- poses of subparagraph (A), the State collec- part in which there is a support order during section (b). tions base for a fiscal year is equal to the the fiscal year. ‘‘(b) AMOUNT OF INCENTIVE PAYMENT.— sum of— ‘‘(ii) DETERMINATION OF APPLICABLE PER- ‘‘(1) IN GENERAL.—The incentive payment ‘‘(i) 2 times the sum of— CENTAGE.—The applicable percentage with for a State for a fiscal year is equal to the ‘‘(I) the total amount of support collected respect to a State’s support order perform- incentive payment pool for the fiscal year, during the fiscal year under the State plan ance level is as follows: H5372 CONGRESSIONAL RECORD — HOUSE June 25, 1998

‘‘If the current payment performance level is: ceding fiscal year, then the applicable per- ‘‘If the support order performance level is: The appli- The appli- cable per- cable per- centage with respect to the State’s arrearage But less At least: But less centage is: At least: than: centage is: than: payment performance level is 50 percent. ‘‘(E) COST-EFFECTIVENESS.— 80% ...... 100 45% ...... 46% 55 ‘‘(i) DETERMINATION OF COST-EFFECTIVENESS 79% ...... 80% 98 44% ...... 45% 54 PERFORMANCE LEVEL.—The cost-effectiveness 78% ...... 79% 96 43% ...... 44% 53 77% ...... 78% 94 42% ...... 43% 52 performance level for a State for a fiscal 76% ...... 77% 92 41% ...... 42% 51 year is equal to the total amount collected 75% ...... 76% 90 40% ...... 41% 50 during the fiscal year under the State plan 74% ...... 75% 88 0% ...... 40% 0. 73% ...... 74% 86 approved under this part divided by the total 72% ...... 73% 84 Notwithstanding the preceding sentence, if amount expended during the fiscal year 71% ...... 72% 82 under the State plan, expressed as a ratio. 70% ...... 71% 80 the current payment performance level of a 69% ...... 70% 79 State for a fiscal year is less than 40 percent ‘‘(ii) DETERMINATION OF APPLICABLE PER- 68% ...... 69% 78 but exceeds by at least 5 percentage points CENTAGE.—The applicable percentage with 67% ...... 68% 77 respect to a State’s cost-effectiveness per- 66% ...... 67% 76 the current payment performance level of 65% ...... 66% 75 the State for the immediately preceding fis- formance level is as follows: 64% ...... 65% 74 cal year, then the applicable percentage with 63% ...... 64% 73 ‘‘If the cost-effectiveness performance level is: respect to the State’s current payment per- The appli- 62% ...... 63% 72 cable per- 61% ...... 62% 71 formance level is 50 percent. But less At least: than: centage is: 60% ...... 61% 70 ‘‘(D) COLLECTIONS ON CHILD SUPPORT AR- 59% ...... 60% 69 58% ...... 59% 68 REARAGES.— 5.00 ...... 100 57% ...... 58% 67 ‘‘(i) DETERMINATION OF ARREARAGE PAY- 4.50 ...... 4.99 90 56% ...... 57% 66 MENT PERFORMANCE LEVEL.—The arrearage 4.00 ...... 4.50 80 55% ...... 56% 65 3.50 ...... 4.00 70 54% ...... 55% 64 payment performance level for a State for a 3.00 ...... 3.50 60 53% ...... 54% 63 fiscal year is equal to the total number of 2.50 ...... 3.00 50 52% ...... 53% 62 cases under the State plan approved under 2.00 ...... 2.50 40 51% ...... 52% 61 this part in which payments of past-due 0.00 ...... 2.00 0. 50% ...... 51% 60 0% ...... 50% 0. child support were received during the fiscal year and part or all of the payments were ‘‘(c) TREATMENT OF INTERSTATE COLLEC- TIONS.—In computing incentive payments Notwithstanding the preceding sentence, if distributed to the family to whom the past- under this section, support which is collected the support order performance level of a due child support was owed (or, if all past- State for a fiscal year is less than 50 percent due child support owed to the family was, at by a State at the request of another State but exceeds by at least 5 percentage points the time of receipt, subject to an assignment shall be treated as having been collected in the support order performance level of the to the State, part or all of the payments full by both States, and any amounts ex- State for the immediately preceding fiscal were retained by the State) divided by the pended by a State in carrying out a special year, then the applicable percentage with re- total number of cases under the State plan project assisted under section 455(e) shall be spect to the State’s support order perform- in which there is past-due child support, ex- excluded. ance level is 50 percent. pressed as a percentage. ‘‘(d) ADMINISTRATIVE PROVISIONS.—The ‘‘(C) COLLECTIONS ON CURRENT CHILD SUP- ‘‘(ii) DETERMINATION OF APPLICABLE PER- amounts of the incentive payments to be PORT DUE.— CENTAGE.—The applicable percentage with made to the States under this section for a ‘‘(i) DETERMINATION OF CURRENT PAYMENT respect to a State’s arrearage payment per- fiscal year shall be estimated by the Sec- PERFORMANCE LEVEL.—The current payment formance level is as follows: retary at or before the beginning of the fiscal performance level for a State for a fiscal year on the basis of the best information year is equal to the total amount of current ‘‘If the arrearage payment performance level is: The appli- available. The Secretary shall make the pay- support collected during the fiscal year cable per- ments for the fiscal year, on a quarterly At least: But less centage is: under the State plan approved under this than: basis (with each quarterly payment being part divided by the total amount of current made no later than the beginning of the 80% ...... 100 support owed during the fiscal year in all 79% ...... 80% 98 quarter involved), in the amounts so esti- cases under the State plan, expressed as a 78% ...... 79% 96 mated, reduced or increased to the extent of percentage. 77% ...... 78% 94 any overpayments or underpayments which 76% ...... 77% 92 ‘‘(ii) DETERMINATION OF APPLICABLE PER- 75% ...... 76% 90 the Secretary determines were made under CENTAGE.—The applicable percentage with 74% ...... 75% 88 this section to the States involved for prior respect to a State’s current payment per- 73% ...... 74% 86 periods and with respect to which adjust- 72% ...... 73% 84 formance level is as follows: 71% ...... 72% 82 ment has not already been made under this 70% ...... 71% 80 subsection. Upon the making of any estimate ‘‘If the current payment performance level is: 69% ...... 70% 79 by the Secretary under the preceding sen- The appli- 68% ...... 69% 78 But less cable per- 67% ...... 68% 77 tence, any appropriations available for pay- At least: than: centage is: 66% ...... 67% 76 ments under this section are deemed obli- 65% ...... 66% 75 gated. 80% ...... 100 64% ...... 65% 74 79% ...... 80% 98 63% ...... 64% 73 ‘‘(e) REGULATIONS.—The Secretary shall 78% ...... 79% 96 62% ...... 63% 72 prescribe such regulations as may be nec- 77% ...... 78% 94 61% ...... 62% 71 essary governing the calculation of incentive 76% ...... 77% 92 60% ...... 61% 70 75% ...... 76% 90 59% ...... 60% 69 payments under this section, including direc- 74% ...... 75% 88 58% ...... 59% 68 tions for excluding from the calculations 73% ...... 74% 86 57% ...... 58% 67 certain closed cases and cases over which the 72% ...... 73% 84 56% ...... 57% 66 71% ...... 72% 82 55% ...... 56% 65 States do not have jurisdiction. 70% ...... 71% 80 54% ...... 55% 64 ‘‘(f) REINVESTMENT.—A State to which a 69% ...... 70% 79 53% ...... 54% 63 68% ...... 69% 78 52% ...... 53% 62 payment is made under this section shall ex- 67% ...... 68% 77 51% ...... 52% 61 pend the full amount of the payment to sup- 66% ...... 67% 76 50% ...... 51% 60 plement, and not supplant, other funds used 65% ...... 66% 75 49% ...... 50% 59 64% ...... 65% 74 48% ...... 49% 58 by the State— 63% ...... 64% 73 47% ...... 48% 57 ‘‘(1) to carry out the State plan approved 62% ...... 63% 72 46% ...... 47% 56 under this part; or 61% ...... 62% 71 45% ...... 46% 55 ‘‘(2) for any activity (including cost-effec- 60% ...... 61% 70 44% ...... 45% 54 59% ...... 60% 69 43% ...... 44% 53 tive contracts with local agencies) approved 58% ...... 59% 68 42% ...... 43% 52 by the Secretary, whether or not the expend- 57% ...... 58% 67 41% ...... 42% 51 itures for the activity are eligible for reim- 56% ...... 57% 66 40% ...... 41% 50 55% ...... 56% 65 0% ...... 40% 0. bursement under this part, which may con- 54% ...... 55% 64 tribute to improving the effectiveness or ef- 53% ...... 54% 63 Notwithstanding the preceding sentence, if ficiency of the State program operated under 52% ...... 53% 62 51% ...... 52% 61 the arrearage payment performance level of this part.’’. 50% ...... 51% 60 a State for a fiscal year is less than 40 per- (b) TRANSITION RULE.—Notwithstanding 49% ...... 50% 59 cent but exceeds by at least 5 percentage any other provision of law— 48% ...... 49% 58 47% ...... 48% 57 points the arrearage payment performance (1) for fiscal year 2000, the Secretary shall 46% ...... 47% 56 level of the State for the immediately pre- reduce by 1⁄3 the amount otherwise payable June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5373 to a State under section 458 of the Social Se- (i) by striking paragraph (1) and inserting TITLE IV—MISCELLANEOUS curity Act, and shall reduce by 2⁄3 the the following: SEC. 401. ELIMINATION OF BARRIERS TO THE EF- amount otherwise payable to a State under ‘‘(1) CONFORMING AMENDMENTS TO PRESENT FECTIVE ESTABLISHMENT AND EN- section 458A of such Act; and SYSTEM.—The amendments made by sub- FORCEMENT OF MEDICAL CHILD (2) for fiscal year 2001, the Secretary shall section (a) of this section shall become effec- SUPPORT. 2 TUDY ON FFECTIVENESS OF NFORCE reduce by ⁄3 the amount otherwise payable tive with respect to a State as of the date (a) S E E - to a State under section 458 of the Social Se- the amendments made by section 103(a) MENT OF MEDICAL SUPPORT BY STATE AGEN- CIES.— curity Act, and shall reduce by 1⁄3 the (without regard to section 116(a)(2)) first amount otherwise payable to a State under apply to the State.’’; and (1) MEDICAL CHILD SUPPORT WORKING section 458A of such Act. (ii) in paragraph (2), by striking ‘‘(c)’’ and GROUP.—Within 60 days after the date of the enactment of this Act, the Secretary of (c) REGULATIONS.—Within 9 months after inserting ‘‘(b)’’. Health and Human Services and the Sec- the date of the enactment of this section, the (2) EFFECTIVE DATE.—The amendments retary of Labor shall jointly establish a Med- Secretary of Health and Human Services made by this subsection shall take effect as ical Child Support Working Group. The pur- shall prescribe regulations governing the im- if included in the enactment of section 341 of pose of the Working Group shall be to iden- plementation of section 458A of the Social the Personal Responsibility and Work Oppor- tify the impediments to the effective en- Security Act when such section takes effect tunity Reconciliation Act of 1996. forcement of medical support by State agen- and the implementation of subsection (b) of (f) ELIMINATION OF PREDECESSOR INCENTIVE cies administering the programs operated this section. PAYMENT SYSTEM.— pursuant to part D of title IV of the Social (d) STUDIES.— (1) REPEAL.—Section 458 of the Social Se- Security Act. (1) GENERAL REVIEW OF NEW INCENTIVE PAY- curity Act (42 U.S.C. 658) is repealed. (2) MEMBERSHIP.—The Working Group shall MENT SYSTEM.— (2) CONFORMING AMENDMENTS.— consist of not more than 30 members and (A) IN GENERAL.—The Secretary of Health (A) Section 458A of the Social Security shall be composed of representatives of— and Human Services shall conduct a study of Act, as added by section 201(a) of this Act, is (A) the Department of Labor; the implementation of the incentive pay- redesignated as section 458. (B) the Department of Health and Human ment system established by section 458A of (B) Section 455(a)(4)(C)(iii) of such Act (42 Services; the Social Security Act, in order to identify U.S.C. 655(a)(4)(C)(iii)), as added by section (C) State directors of programs under part the problems and successes of the system. 101(a) of this Act, is amended— D of title IV of the Social Security Act; (B) REPORTS TO THE CONGRESS.— (i) by striking ‘‘458A(b)(4)’’ and inserting (D) State directors of the medicaid pro- (i) REPORT ON VARIATIONS IN STATE PER- ‘‘458(b)(4)’’; gram under title XIX of the Social Security FORMANCE ATTRIBUTABLE TO DEMOGRAPHIC (ii) by striking ‘‘458A(b)(6)’’ and inserting Act; VARIABLES.—Not later than October 1, 2000, ‘‘458(b)(6)’’; and (E) employers, including owners of small the Secretary shall submit to the Congress a (iii) by striking ‘‘458A(b)(5)(B)’’ and insert- businesses and their trade or industry rep- report that identifies any demographic or ing ‘‘458(b)(5)(B)’’. resentatives and certified human resource economic variables that account for dif- (C) Subsection (d)(1) of this section is and payroll professionals; ferences in the performance levels achieved amended by striking ‘‘458A’’ and inserting (F) plan administrators and plan sponsors by the States with respect to the perform- ‘‘458’’. of group health plans (as defined in section ance measures used in the system, and con- (3) EFFECTIVE DATE.—The amendments 607(1) of the Employee Retirement Income tains the recommendations of the Secretary made by this subsection shall take effect on Security Act of 1974 (29 U.S.C. 1167(1)); for such adjustments to the system as may October 1, 2001. (G) children potentially eligible for medi- be necessary to ensure that the relative per- cal support, such as child advocacy organiza- formance of States is measured from a base- (g) GENERAL EFFECTIVE DATE.—Except as tions; line that takes account of any such vari- otherwise provided in this section, the (H) State medical child support programs; ables. amendments made by this section shall take and (ii) INTERIM REPORT.—Not later than March effect on October 1, 1999. (I) organizations representing State child 1, 2001, the Secretary shall submit to the support programs. Congress an interim report that contains the TITLE III—ADOPTION PROVISIONS (3) COMPENSATION.—The members shall findings of the study required by subpara- SEC. 301. MORE FLEXIBLE PENALTY PROCEDURE serve without compensation. graph (A). TO BE APPLIED FOR FAILING TO (4) ADMINISTRATIVE SUPPORT.—The Depart- (iii) FINAL REPORT.—Not later than October PERMIT INTERJURISDICTIONAL ment of Health and Human Services and the 1, 2003, the Secretary shall submit to the ADOPTION. Department of Labor shall jointly provide Congress a final report that contains the appropriate administrative support to the (a) CONVERSION OF FUNDING BAN INTO final findings of the study required by sub- Working Group, including technical assist- paragraph (A). The report shall include any STATE PLAN REQUIREMENT.—Section 471(a) of ance. The Working Group may use the serv- recommendations for changes in the system the Social Security Act (42 U.S.C. 671(a)) is ices and facilities of either such Department, that the Secretary determines would im- amended— with or without reimbursement, as jointly prove the operation of the child support en- (1) by striking ‘‘and’’ at the end of para- determined by such Departments. forcement program. graph (21); (5) REPORT.— (2) DEVELOPMENT OF MEDICAL SUPPORT IN- (2) by striking the period at the end of (A) REPORT BY WORKING GROUP TO THE SEC- CENTIVE.— paragraph (22) and inserting ‘‘; and’’; and RETARIES.—Not later than 18 months after (A) IN GENERAL.—The Secretary of Health (3) by adding at the end the following: the date of the enactment of this Act, the and Human Services, in consultation with ‘‘(23) provides that the State shall not— Working Group shall submit to the Sec- State directors of programs operated under ‘‘(A) deny or delay the placement of a child retary of Labor and the Secretary of Health part D of title IV of the Social Security Act for adoption when an approved family is and Human Services a report containing rec- and representatives of children potentially available outside of the jurisdiction with re- ommendations for appropriate measures to eligible for medical support, shall develop a sponsibility for handling the case of the address the impediments to the effective en- performance measure based on the effective- child; or forcement of medical support by State agen- ness of States in establishing and enforcing ‘‘(B) fail to grant an opportunity for a fair cies administering the programs operated medical support obligations, and shall make hearing, as described in paragraph (12), to an pursuant to part D of title IV of the Social recommendations for the incorporation of individual whose allegation of a violation of Security Act identified by the Working the measure, in a revenue neutral manner, subparagraph (A) of this paragraph is denied Group, including— into the incentive payment system estab- by the State or not acted upon by the State (i) recommendations based on assessments lished by section 458A of the Social Security with reasonable promptness.’’. of the form and content of the National Med- Act. (b) PENALTY FOR NONCOMPLIANCE.—Section ical Support Notice, as issued under interim (B) REPORT.—Not later than October 1, 474(d) of such Act (42 U.S.C. 674(d)) is amend- regulations, 1999, the Secretary shall submit to the Con- ed in each of paragraphs (1) and (2) by strik- (ii) appropriate measures that establish gress a report that describes the performance the priority of withholding of child support ing ‘‘section 471(a)(18)’’ and inserting ‘‘para- measure and contains the recommendations obligations, medical support obligations, ar- required by subparagraph (A). graph (18) or (23) of section 471(a)’’. rearages in such obligations, and, in the case (e) TECHNICAL AMENDMENTS.— (c) CONFORMING AMENDMENT.—Section 474 of a medical support obligation, the employ- (1) IN GENERAL.—Section 341 of the Per- of such Act (42 U.S.C. 674) is amended by ee’s portion of any health care coverage pre- sonal Responsibility and Work Opportunity striking subsection (e). mium, by such State agencies in light of the Reconciliation Act of 1996 (42 U.S.C. 658 note) restrictions on garnishment provided under is amended— (d) RETROACTIVITY.—The amendments title III of the Consumer Credit Protection (A) by striking subsection (a) and redesig- made by this section shall take effect as if Act (15 U.S.C. 1671–1677); nating subsections (b), (c), and (d) as sub- included in the enactment of section 202 of (iii) appropriate procedures for coordinat- sections (a), (b), and (c), respectively; and the Adoption and Safe Families Act of 1997 ing the provision, enforcement, and transi- (B) in subsection (c) (as so redesignated)— (Public Law 105–89; 111 Stat. 2125). tion of health care coverage under the State H5374 CONGRESSIONAL RECORD — HOUSE June 25, 1998 programs operated pursuant to part D of regulations providing for the National Medi- with respect to periods beginning on or after title IV of the Social Security Act and titles cal Support Notice. the later of— XIX and XXI of such Act; (5) FINAL REGULATIONS.—Not later than 1 (A) October 1, 2001, or (iv) appropriate measures to improve the year after the issuance of the interim regula- (B) the effective date of laws enacted by availability of alternate types of medical tions under paragraph (4), the Secretary of the legislature of such State implementing support that are aside from health coverage Health and Human Services and the Sec- such amendments, offered through the noncustodial parent’s retary of Labor shall jointly issue final regu- but in no event later than the first day of the health plan and unrelated to the noncusto- lations providing for the National Medical first calendar quarter beginning after the dial parent’s employer, including measures Support Notice. close of the first regular session of the State that establish a noncustodial parent’s re- (c) REQUIRED USE BY STATES OF NATIONAL legislature that begins after the date of the sponsibility to share the cost of premiums, MEDICAL SUPPORT NOTICES.— enactment of this Act. For purposes of the copayments, deductibles, or payments for (1) STATE PROCEDURES.—Section 466(a)(19) preceding sentence, in the case of a State services not covered under a child’s existing of the Social Security Act (42 U.S.C. that has a two-year legislative session, each health coverage; 666(a)(19)) is amended to read as follows: year of such session shall be deemed to be a (v) recommendations on whether reason- ‘‘(19) HEALTH CARE COVERAGE.—Procedures separate regular session of the State legisla- able cost should remain a consideration under which— ture. under section 452(f) of the Social Security ‘‘(A) effective as provided in section (d) NATIONAL MEDICAL SUPPORT NOTICE Act; and 401(c)(3) of the Child Support Performance DEEMED UNDER ERISA A QUALIFIED MEDICAL (vi) appropriate measures for eliminating and Incentive Act of 1998, all child support CHILD SUPPORT ORDER.—Section 609(a)(5) of any other impediments to the effective en- orders enforced pursuant to this part which the Employee Retirement Income Security forcement of medical support orders that the include a provision for the health care cov- Act of 1974 (29 U.S.C. 1169(a)(5)) is amended Working Group deems necessary. erage of the child are enforced, where appro- by adding at the end the following: (B) REPORT BY SECRETARIES TO THE CON- priate, through the use of the National Medi- ‘‘(C) NATIONAL MEDICAL SUPPORT NOTICE GRESS.—Not later than 2 months after re- cal Support Notice promulgated pursuant to DEEMED TO BE A QUALIFIED MEDICAL CHILD ceipt of the report pursuant to subparagraph section 401(b) of the Child Support Perform- SUPPORT ORDER.— (A), the Secretaries shall jointly submit a re- ance and Incentive Act of 1998 (and referred ‘‘(i) IN GENERAL.—If the plan administrator port to each House of the Congress regarding to in section 609(a)(5)(C) of the Employee Re- of a group health plan which is maintained the recommendations contained in the re- tirement Income Security Act of 1974 in con- by the employer of a noncustodial parent of port under subparagraph (A). nection with group health plans covered a child or to which such an employer con- (6) TERMINATION.—The Working Group under title I of such Act, in section tributes receives an appropriately completed shall terminate 30 days after the date of the 401(e)(3)(C) of the Child Support Performance National Medical Support Notice promul- issuance of its report under paragraph (5). and Incentive Act of 1998 in connection with gated pursuant to section 401(b) of the Child (b) PROMULGATION OF NATIONAL MEDICAL State or local group health plans, and in sec- Support Performance and Incentive Act of SUPPORT NOTICE.— tion 401(f)(5)(C) of such Act in connection 1998 in the case of such child, and the Notice (1) IN GENERAL.—The Secretary of Health with church group health plans); meets the requirements of paragraphs (3) and and Human Services and the Secretary of ‘‘(B) unless alternative coverage is allowed (4), the Notice shall be deemed to be a quali- Labor shall jointly develop and promulgate for in any order of the court (or other entity fied medical child support order in the case by regulation a National Medical Support issuing the child support order), in any case of such child. Notice, to be issued by States as a means of in which a noncustodial parent is required ‘‘(ii) ENROLLMENT OF CHILD IN PLAN.—In enforcing the health care coverage provi- under the child support order to provide such any case in which an appropriately com- sions in a child support order. health care coverage and the employer of pleted National Medical Support Notice is (2) REQUIREMENTS.—The National Medical such noncustodial parent is known to the issued in the case of a child of a participant Support Notice shall— State agency— under a group health plan who is a noncusto- (A) conform with the requirements which ‘‘(i) the State agency uses the National dial parent of the child, and the Notice is apply to medical child support orders under Medical Support Notice to transfer notice of deemed under clause (i) to be a qualified section 609(a)(3) of the Employee Retirement the provision for the health care coverage of medical child support order, the plan admin- Income Security Act of 1974 (29 U.S.C. the child to the employer; istrator, within 40 business days after the 1169(a)(3)) in connection with group health ‘‘(ii) within 20 business days after the date date of the Notice, shall— plans (subject to section 609(a)(4) of such of the National Medical Support Notice, the ‘‘(I) notify the State agency issuing the Act), irrespective of whether the group employer is required to transfer the Notice, Notice with respect to such child whether health plan is covered under section 4 of such excluding the severable employer withhold- coverage of the child is available under the Act, ing notice described in section 401(b)(2)(C) of terms of the plan and, if so, whether such (B) conform with the requirements of part the Child Support Performance and Incen- child is covered under the plan and either D of title IV of the Social Security Act, and tive Act of 1998, to the appropriate plan pro- the effective date of the coverage or, if nec- (C) include a separate and easily severable viding any such health care coverage for essary, any steps to be taken by the custo- employer withholding notice, informing the which the child is eligible; dial parent (or by the official of a State or employer of— ‘‘(iii) in any case in which the noncustodial political subdivision thereof substituted for (i) applicable provisions of State law re- parent is a newly hired employee entered in the name of such child pursuant to para- quiring the employer to withhold any em- the State Directory of New Hires pursuant to graph (3)(A)) to effectuate the coverage, and ployee contributions due under any group section 453A(e), the State agency provides, ‘‘(II) provide to the custodial parent (or health plan in connection with coverage re- where appropriate, the National Medical such substituted official) a description of the quired to be provided under such order, Support Notice, together with an income coverage available and any forms or docu- (ii) the duration of the withholding re- withholding notice issued pursuant to sec- ments necessary to effectuate such coverage. quirement, tion 466(b), within 2 days after the date of ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in (iii) the applicability of limitations on any the entry of such employee in such Direc- this subparagraph shall be construed as re- such withholding under title III of the Con- tory; and quiring a group health plan, upon receipt of sumer Credit Protection Act, ‘‘(iv) in any case in which the employment a National Medical Support Notice, to pro- (iv) the applicability of any prioritization of the noncustodial parent with any em- vide benefits under the plan (or eligibility required under State law between amounts ployer who has received a National Medical for such benefits) in addition to benefits (or to be withheld for purposes of cash support Support Notice is terminated, such employer eligibility for benefits) provided under the and amounts to be withheld for purposes of is required to notify the State agency of terms of the plan as of immediately before medical support, in cases where available such termination; and receipt of such Notice.’’. funds are insufficient for full withholding for ‘‘(C) any liability of the noncustodial par- (e) NATIONAL MEDICAL SUPPORT NOTICES both purposes, and ent to such plan for employee contributions FOR STATE OR LOCAL GOVERNMENTAL GROUP (v) the name and telephone number of the which are required under such plan for en- HEALTH PLANS.— appropriate unit or division to contact at the rollment of the child is effectively subject to (1) IN GENERAL.—Each State or local gov- State agency regarding the National Medical appropriate enforcement, unless the non- ernmental group health plan shall provide Support Notice. custodial parent contests such enforcement benefits in accordance with the applicable (3) PROCEDURES.—The regulations promul- based on a mistake of fact’’.’’ requirements of any National Medical Sup- gated pursuant to paragraph (1) shall include (2) CONFORMING AMENDMENTS.—Section port Notice. appropriate procedures for the transmission 452(f) of such Act (42 U.S.C. 652(f)) is amended (2) ENROLLMENT OF CHILD IN PLAN.—In any of the National Medical Support Notice to in the first sentence— case in which an appropriately completed employers by State agencies administering (A) by striking ‘‘petition for the inclusion National Medical Support Notice is issued in the programs operated pursuant to part D of of’’ and inserting ‘‘include’’; and the case of a child of a participant under a title IV of the Social Security Act. (B) by inserting ‘‘and enforce medical sup- State or local governmental group health (4) INTERIM REGULATIONS.—Not later than port’’ before ‘‘whenever’’. plan who is a noncustodial parent of the 10 months after the date of the enactment of (3) EFFECTIVE DATE.—The amendments child, the plan administrator, within 40 busi- this Act, the Secretaries shall issue interim made by this subsection shall be effective ness days after the date of the Notice, shall— June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5375 (A) notify the State agency issuing the No- to, receive benefits for which a participant port order received by a church group health tice with respect to such child whether cov- or beneficiary is eligible under a church plan— erage of the child is available under the group health plan, and (i) the plan administrator shall promptly terms of the plan and, if so, whether such (ii) with respect to which the requirements notify the participant and each alternate re- child is covered under the plan and either of paragraphs (3) and (4) are met. cipient of the receipt of such order and the the effective date of the coverage or any (C) MEDICAL CHILD SUPPORT ORDER.—The plan’s procedures for determining whether steps necessary to be taken by the custodial term ‘‘medical child support order’’ means medical child support orders are qualified parent (or by any official of a State or politi- any judgment, decree, or order (including ap- medical child support orders, and cal subdivision thereof substituted in the No- proval of a settlement agreement) which— (ii) within a reasonable period after receipt tice for the name of such child in accordance (i) provides for child support with respect of such order, the plan administrator shall with procedures appliable under subsection to a child of a participant under a church determine whether such order is a qualified (b)(2) of this section) to effectuate the cov- group health plan or provides for health ben- medical child support order and notify the erage, and efit coverage to such a child, is made pursu- participant and each alternate recipient of (B) provide to the custodial parent (or such ant to a State domestic relations law (in- such determination. substituted official) a description of the cov- cluding a community property law), and re- (B) ESTABLISHMENT OF PROCEDURES FOR DE- erage available and any forms or documents lates to benefits under such plan, or TERMINING QUALIFIED STATUS OF ORDERS.— necessary to effectuate such coverage. (ii) is made pursuant to a law relating to Each church group health plan shall estab- (3) RULE OF CONSTRUCTION.—Nothing in this medical child support described in section lish reasonable procedures to determine subsection shall be construed as requiring a 1908 of the Social Security Act (as added by whether medical child support orders are State or local governmental group health section 13822 of the Omnibus Budget Rec- qualified medical child support orders and to plan, upon receipt of a National Medical onciliation Act of 1993) with respect to a administer the provision of benefits under Support Notice, to provide benefits under the church group health plan, such qualified orders. Such procedures— plan (or eligibility for such benefits) in addi- if such judgment, decree, or order (I) is (i) shall be in writing, tion to benefits (or eligibility for benefits) issued by a court of competent jurisdiction (ii) shall provide for the notification of provided under the terms of the plan as of or (II) is issued through an administrative each person specified in a medical child sup- immediately before receipt of such Notice. process established under State law and has port order as eligible to receive benefits (4) DEFINITIONS.—For purposes of this sub- the force and effect of law under applicable under the plan (at the address included in section— State law. For purposes of this paragraph, an the medical child support order) of such pro- (A) STATE OR LOCAL GOVERNMENTAL GROUP administrative notice which is issued pursu- cedures promptly upon receipt by the plan of HEALTH PLAN.—The term ‘‘State or local gov- ant to an administrative process referred to the medical child support order, and ernmental group health plan’’ means a group in subclause (II) of the preceding sentence (iii) shall permit an alternate recipient to health plan which is established or main- and which has the effect of an order de- designate a representative for receipt of cop- tained for its employees by the government scribed in clause (i) or (ii) of the preceding ies of notices that are sent to the alternate of any State, any political subdivision of a sentence shall be treated as such an order. recipient with respect to a medical child sup- State, or any agency or instrumentality of (D) ALTERNATE RECIPIENT.—The term ‘‘al- port order. either of the foregoing. ternate recipient’’ means any child of a par- (C) NATIONAL MEDICAL SUPPORT NOTICE (B) ALTERNATE RECIPIENT.—The term ‘‘al- ticipant who is recognized under a medical DEEMED TO BE A QUALIFIED MEDICAL CHILD ternate recipient’’ means any child of a par- child support order as having a right to en- SUPPORT ORDER.— ticipant who is recognized under a National rollment under a church group health plan (i) IN GENERAL.—If the plan administrator Medical Support Notice as having a right to with respect to such participant. of any church group health plan which is enrollment under a State or local govern- (E) GROUP HEALTH PLAN.—The term ‘‘group maintained by the employer of a noncusto- mental group health plan with respect to health plan’’ has the meaning provided in dial parent of a child or to which such an such participant. section 607(1) of the Employee Retirement employer contributes receives an appro- (C) GROUP HEALTH PLAN.—The term ‘‘group Income Security Act of 1974. priately completed National Medical Sup- health plan’’ has the meaning provided in (F) STATE.—The term ‘‘State’’ includes the port Notice promulgated pursuant to sub- section 607(1) of the Employee Retirement District of Columbia, the Commonwealth of section (b) of this section in the case of such Income Security Act of 1974. Puerto Rico, the Virgin Islands, Guam, and child, and the Notice meets the requirements (D) STATE.—The term ‘‘State’’ includes the American Samoa. of paragraphs (3) and (4) of this subsection, District of Columbia, the Commonwealth of (G) OTHER TERMS.—The terms ‘‘partici- the Notice shall be deemed to be a qualified Puerto Rico, the Virgin Islands, Guam, and pant’’, ‘‘beneficiary’’, ‘‘administrator’’, and medical child support order in the case of American Samoa. ‘‘church plan’’ shall have the meanings pro- such child. (E) OTHER TERMS.—The terms ‘‘partici- vided such terms, respectively, by para- (ii) ENROLLMENT OF CHILD IN PLAN.—In any pant’’ and ‘‘administrator’’ shall have the graphs (7), (8), (16), and (33) of section 3 of the case in which an appropriately completed meanings provided such terms, respectively, Employee Retirement Income Security Act National Medical Support Notice is issued in by paragraphs (7) and (16) of section 3 of the of 1974. the case of a child of a participant under a Employee Retirement Income Security Act (3) INFORMATION TO BE INCLUDED IN QUALI- church group health plan who is a noncusto- of 1974. FIED ORDER.—A medical child support order dial parent of the child, and the Notice is (5) EFFECTIVE DATE.—The provisions of this meets the requirements of this paragraph deemed under clause (i) to be a qualified subsection shall take effect on the date of only if such order clearly specifies— medical child support order, the plan admin- the issuance of interim regulations pursuant (A) the name and the last known mailing istrator, within 40 business days after the to subsection (b)(4) of this section. address (if any) of the participant and the date of the Notice, shall— (f) QUALIFIED MEDICAL CHILD SUPPORT OR- name and mailing address of each alternate (I) notify the State agency issuing the No- DERS AND NATIONAL MEDICAL SUPPORT NO- recipient covered by the order, except that, tice with respect to such child whether cov- TICES FOR CHURCH PLANS.— to the extent provided in the order, the name erage of the child is available under the (1) IN GENERAL.—Each church group health and mailing address of an official of a State terms of the plan and, if so, whether such plan shall provide benefits in accordance or a political subdivision thereof may be sub- child is covered under the plan and either with the applicable requirements of any stituted for the mailing address of any such the effective date of the coverage or any qualified medical child support order. A alternate recipient, steps necessary to be taken by the custodial qualified medical child support order with (B) a reasonable description of the type of parent (or by the official of a State or politi- respect to any participant or beneficiary coverage to be provided to each such alter- cal subdivision thereof substituted for the shall be deemed to apply to each such group nate recipient, or the manner in which such name of such child pursuant to paragraph health plan which has received such order, type of coverage is to be determined, and (3)(A)) to effectuate the coverage, and from which the participant or beneficiary is (C) the period to which such order applies. (II) provide to the custodial parent (or such eligible to receive benefits, and with respect (4) RESTRICTION ON NEW TYPES OR FORMS OF substituted official) a description of the cov- to which the requirements of paragraph (4) BENEFITS.—A medical child support order erage available and any forms or documents are met. meets the requirements of this paragraph necessary to effectuate such coverage. (2) DEFINITIONS.—For purposes of this sub- only if such order does not require a church (iii) RULE OF CONSTRUCTION.—Nothing in section— group health plan to provide any type or this subparagraph shall be construed as re- (A) CHURCH GROUP HEALTH PLAN.—The term form of benefit, or any option, not otherwise quiring a church group health plan, upon re- ‘‘church group health plan’’ means a group provided under the plan, except to the extent ceipt of a National Medical Support Notice, health plan which is a church plan. necessary to meet the requirements of a law to provide benefits under the plan (or eligi- (B) QUALIFIED MEDICAL CHILD SUPPORT relating to medical child support described bility for such benefits) in addition to bene- ORDER.—The term ‘‘qualified medical child in section 1908 of the Social Security Act (as fits (or eligibility for benefits) provided support order’’ means a medical child sup- added by section 13822 of the Omnibus Budg- under the terms of the plan as of imme- port order— et Reconciliation Act of 1993). diately before receipt of such Notice. (i) which creates or recognizes the exist- (5) PROCEDURAL REQUIREMENTS.— (6) DIRECT PROVISION OF BENEFITS PROVIDED ence of an alternate recipient’s right to, or (A) TIMELY NOTIFICATIONS AND DETERMINA- TO ALTERNATE RECIPIENTS.—Any payment for assigns to an alternate recipient the right TIONS.—In the case of any medical child sup- benefits made by a church group health plan H5376 CONGRESSIONAL RECORD — HOUSE June 25, 1998

pursuant to a medical child support order in (B) EFFECTIVE DATE.—The amendment SEC. 403. LIMITATIONS ON USE OF TANF FUNDS reimbursement for expenses paid by an alter- made by subparagraph (A) shall be effective FOR MATCHING UNDER CERTAIN nate recipient or an alternate recipient’s as if included in the enactment of section FEDERAL TRANSPORTATION PRO- GRAM. custodial parent or legal guardian shall be 5611(b) of the Balanced Budget Act of 1997. (a) IN GENERAL.—Section 404 of the Social made to the alternate recipient or the alter- SEC. 402. SAFEGUARD OF NEW EMPLOYEE INFOR- Security Act (42 U.S.C. 604) is amended by MATION. nate recipient’s custodial parent or legal adding at the end the following: (a) PENALTY FOR UNAUTHORIZED ACCESS, guardian. ‘‘(k) LIMITATIONS ON USE OF GRANT FOR DISCLOSURE, OR USE OF INFORMATION.—Sec- (7) PAYMENT TO STATE OFFICIAL TREATED AS MATCHING UNDER CERTAIN FEDERAL TRANS- tion 453(l) of the Social Security Act (42 SATISFACTION OF PLAN’S OBLIGATION TO MAKE PORTATION PROGRAM.— U.S.C. 653(l)) is amended— PAYMENT TO ALTERNATE RECIPIENT.—Payment ‘‘(1) USE LIMITATIONS.—A State to which a (1) by striking ‘‘Information’’ and inserting of benefits by a church group health plan to grant is made under section 403 may not use the following: an official of a State or a political subdivi- any part of the grant to match funds made ‘‘(1) IN GENERAL.—Information’’; and sion thereof whose name and address have available under section 3037 of the Transpor- (2) by adding at the end the following: been substituted for the address of an alter- tation Equity for the 21st Century Act of ‘‘(2) PENALTY FOR MISUSE OF INFORMATION nate recipient in a medical child support 1998, unless— IN THE NATIONAL DIRECTORY OF NEW HIRES.— order, pursuant to paragraph (3)(A), shall be ‘‘(A) the grant is used for new or expanded The Secretary shall require the imposition of treated, for purposes of this subsection and transportation services (and not for con- an administrative penalty (up to and includ- part D of title IV of the Social Security Act, struction) that benefit individuals described ing dismissal from employment), and a fine as payment of benefits to the alternate re- in subparagraph (C), and not to subsidize of $1,000, for each act of unauthorized access cipient. current operating costs; to, disclosure of, or use of, information in (8) EFFECTIVE DATE.—The provisions of this ‘‘(B) the grant is used to supplement and the National Directory of New Hires estab- subsection shall take effect on the date of not supplant other State expenditures on lished under subsection (i) by any officer or the issuance of interim regulations pursuant transportation; employee of the United States who know- to subsection (b)(4) of this section. ‘‘(C) the preponderance of the benefits de- ingly and willfully violates this paragraph.’’. (g) REPORT AND RECOMMENDATIONS REGARD- rived from such use of the grant accrues to (b) LIMITS ON RETENTION OF DATA IN THE ING THE NFORCEMENT OF UALIFIED EDICAL individuals who are— E Q M NATIONAL DIRECTORY OF NEW HIRES.—Section CHILD SUPPORT ORDERS.—Not later than 8 453(i)(2) of such Act (42 U.S.C. 653(i)(2)) is ‘‘(i) recipients of assistance under the months after the issuance of the report to amended to read as follows: State program funded under this part; ‘‘(ii) former recipients of such assistance; the Congress pursuant to subsection (a)(5), ‘‘(2) DATA ENTRY AND DELETION REQUIRE- ‘‘(iii) noncustodial parents who are de- the Secretary of Health and Human Services MENTS.— scribed in item (aa) or (bb) of section and the Secretary of Labor shall jointly sub- ‘‘(A) IN GENERAL.—Information provided mit to each House of the Congress a report pursuant to section 453A(g)(2) shall be en- 403(a)(5)(C)(ii)(II); and containing recommendations for appropriate tered into the data base maintained by the ‘‘(iii) low income individuals who are at legislation to improve the effectiveness of, National Directory of New Hires within 2 risk of qualifying for such assistance; and and enforcement of, qualified medical child business days after receipt, and shall be de- ‘‘(D) the services provided through such support orders under the provisions of sub- leted from the data base 24 months after the use of the grant promote the ability of such section (f) of this section and section 609(a) date of entry. recipients to engage in work activities (as of the Employee Retirement Income Secu- ‘‘(B) 12-MONTH LIMIT ON ACCESS TO WAGE AND defined in section 407(d)). rity Act of 1974 (29 U.S.C. 1169(a)). UNEMPLOYMENT COMPENSATION INFORMA- ‘‘(2) AMOUNT LIMITATION.—From a grant (h) TECHNICAL CORRECTIONS.— TION.—The Secretary shall not have access made to a State under section 403(a), the (1) AMENDMENT RELATING TO PUBLIC LAW 104- for child support enforcement purposes to in- amount that a State uses to match funds de- 266.— formation in the National Directory of New scribed in paragraph (1) of this subsection (A) IN GENERAL.—Subsection (f) of section Hires that is provided pursuant to section shall not exceed the amount (if any) by 101 of the Employee Retirement Income Se- 453A(g)(2)(B), if 12 months has elapsed since which 30 percent of the total amount of the curity Act of 1974 (29 U.S.C. 1021(f)) is re- the date the information is so provided and grant exceeds the amount (if any) of the pealed. there has not been a match resulting from grant that is used by the State to carry out (B) EFFECTIVE DATE.—The amendment the use of such information in any informa- any State program described in subsection made by subparagraph (A) shall take effect tion comparison under this subsection. (d)(1) of this section. as if included in the enactment of the Act ‘‘(C) RETENTION OF DATA FOR RESEARCH ‘‘(3) RULE OF INTERPRETATION.—The provi- entitled ‘‘An Act to repeal the Medicare and PURPOSES.—Notwithstanding subparagraphs sion by a State of a transportation benefit Medicaid Coverage Data Bank’’, approved (A) and (B), the Secretary may retain such under a program conducted under section October 2, 1996 (Public Law 104-226; 110 Stat. samples of data entered in the National Di- 3037 of the Transportation Equity for the 21st 3033). rectory of New Hires as the Secretary may Century Act of 1998, to an individual who is (2) AMENDMENTS RELATING TO PUBLIC LAW find necessary to assist in carrying out sub- not otherwise a recipient of assistance under 103-66.— section (j)(5).’’. the State program funded under this part, (A) IN GENERAL.—(i) Section 4301(c)(4)(A) of (c) NOTICE OF PURPOSES FOR WHICH WAGE using funds from a grant made under section the Omnibus Budget Reconciliation Act of AND SALARY DATA ARE TO BE USED.—Within 403(a) of this Act, shall not be considered to 1993 (Public Law 103-66; 107 Stat. 377) is 90 days after the date of the enactment of be the provision of assistance to the individ- amended by striking ‘‘subsection (b)(7)(D)’’ this Act, the Secretary of Health and Human ual under the State program funded under and inserting ‘‘subsection (b)(7)’’. Services shall notify the Committee on Ways this part.’’. (ii) Section 514(b)(7) of the Employee Re- and Means of the House of Representatives (b) REPORT TO THE CONGRESS.—Not later tirement Income Security Act of 1974 (29 and the Committee on Finance of the Senate than 2 years after the date of the enactment of this Act, the Secretary of Transportation, U.S.C. 1144(b)(7)) is amended by striking ‘‘en- of the specific purposes for which the new in consultation with the Secretary of Health forced by’’ and inserting ‘‘they apply to’’. hire and the wage and unemployment com- and Human Services, shall submit to the (iii) Section 609(a)(2)(B)(ii) of such Act (29 pensation information in the National Direc- Committees on Ways and Means and on U.S.C. 1169(a)(2)(B)(ii)) is amended by strik- tory of New Hires is to be used. At least 30 days before such information is to be used Transportation and Infrastructure of the ing ‘‘enforces’’ and inserting ‘‘is made pursu- House of Representatives and the Commit- ant to’’. for a purpose not specified in the notice pro- vided pursuant to the preceding sentence, tees on Finance and on Environment and (B) CHILD DEFINED.—Section 609(a)(2) of the the Secretary shall notify the Committee on Public Works of the Senate a report that— Employee Retirement Income Security Act (1) describes the manner in which funds of 1974 (29 U.S.C. 1169(a)(2)) is amended by Ways and Means of the House of Representa- tives and the Committee on Finance of the made available under section 3037 of the adding at the end the following: Senate of such purpose. Transportation Equity for the 21st Century ‘‘(D) CHILD.—The term ‘child’ includes any (d) REPORT BY THE SECRETARY.—Within 3 Act of 1998 have been used; child adopted by, or placed for adoption years after the date of the enactment of this (2) describes whether such uses of such with, a participant of a group health plan.’’. Act, the Secretary of Health and Human funds has improved transportation services (C) EFFECTIVE DATE.—The amendments Services shall submit to the Committee on for low income individuals; and made by subparagraph (A) shall be effective Ways and Means of the House of Representa- (3) contains such other relevant informa- as if included in the enactment of section tives and the Committee on Finance of the tion as may be appropriate. 4301(c)(4)(A) of the Omnibus Budget Rec- Senate a report on the accuracy of the data SEC. 404. CLARIFICATION OF MEANING OF HIGH- onciliation Act of 1993. maintained by the National Directory of VOLUME AUTOMATED ADMINISTRA- (3) AMENDMENT RELATED TO PUBLIC LAW 105- New Hires pursuant to section 453(i) of the TIVE ENFORCEMENT OF CHILD SUP- 33.— Social Security Act, and the effectiveness of PORT IN INTERSTATE CASES. (A) IN GENERAL.—Section 609(a)(9) of the the procedures designed to provide for the se- (a) IN GENERAL.—Section 466(a)(14)(B) of Employee Retirement Income Security Act curity of such data. the Social Security Act (42 U.S.C. of 1974 (29 U.S.C. 1169(a)(9)) is amended by (e) EFFECTIVE DATE.—The amendments 666(a)(14)(B)) is amended to read as follows: striking ‘‘the name and address’’ and insert- made by this section shall take effect on Oc- ‘‘(B) HIGH-VOLUME AUTOMATED ADMINISTRA- ing ‘‘the address’’. tober 1, 2000. TIVE ENFORCEMENT.—In this part, the term June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5377 ‘high-volume automated administrative en- such record to the Federal Parent Locator Senate a report on the results of the study forcement’, in interstate cases, means, on re- Service pursuant to section 466(a)(17)(A)’’ be- required by subsection (a). quest of another State, the identification by fore the period. SEC. 410. TECHNICAL CORRECTIONS. a State, through automated data matches SEC. 407. ELIMINATION OF UNNECESSARY DATA (a) Section 413(g)(1) of the Social Security with financial institutions and other entities REPORTING. Act (42 U.S.C. 613(g)(1)) is amended by strik- where assets may be found, of assets owned (a) IN GENERAL.—Section 469 of the Social ing ‘‘Economic and Educational Opportuni- by persons who owe child support in other Security Act (42 U.S.C. 669) is amended— ties’’ and inserting ‘‘Education and the States, and the seizure of such assets by the (1) by striking all that precedes subsection Workforce’’. State, through levy or other appropriate (c) and inserting the following: (b) Section 422(b)(2) of the Social Security processes.’’. ‘‘SEC. 469. COLLECTION AND REPORTING OF Act (42 U.S.C. 622(b)(2)) is amended by strik- (b) RETROACTIVITY.—The amendment made CHILD SUPPORT ENFORCEMENT ing ‘‘under under’’ and inserting ‘‘under’’. by subsection (a) shall take effect as if in- DATA. (c) Section 432(a)(8) of the Social Security cluded in the enactment of section 5550 of ‘‘(a) IN GENERAL.—With respect to each Act (42 U.S.C. 632(a)(8)) is amended by adding the Balanced Budget Act of 1997 (Public Law type of service described in subsection (b), ‘‘; and’’ at the end. 105–33; 111 Stat. 633). the Secretary shall collect and maintain up- (d) Section 453(a)(2) of the Social Security SEC. 405. GENERAL ACCOUNTING OFFICE RE- to-date statistics, by State, and on a fiscal Act (42 U.S.C. 653(a)(2)) is amended— PORTS. year basis, on— (1) by striking ‘‘parentage,’’ and inserting (a) REPORT ON FEASIBILITY OF INSTANT ‘‘(1) the number of cases in the caseload of ‘‘parentage or’’; CHECK SYSTEM.—Not later than December 31, the State agency administering the plan ap- (2) by striking ‘‘or making or enforcing 1998, the Comptroller General of the United proved under this part in which the service is child custody or visitation orders,’’; and States shall report to the Committee on Fi- needed; and (3) in subparagraph (A), by decreasing the nance of the Senate and the Committee on ‘‘(2) the number of such cases in which the indentation of clause (iv) by 2 ems. Ways and Means of the House of Representa- service has actually been provided. (e)(1) Section 5557(b) of the Balanced Budg- tives on the feasibility and cost of creating ‘‘(b) TYPES OF SERVICES.—The statistics re- et Act of 1997 (42 U.S.C. 608 note) is amended and maintaining a nationwide instant child quired by subsection (a) shall be separately by adding at the end the following: ‘‘The support order check system under which an stated with respect to paternity establish- amendment made by section 5536(1)(A) shall employer would be able to determine wheth- ment services and child support obligation not take effect with respect to a State until er a newly hired employee is required to pro- establishment services. October 1, 2000, or such earlier date as the vide support under a child support order. ‘‘(c) TYPES OF SERVICE RECIPIENTS.—The State may select.’’. statistics required by subsection (a) shall be (b) REPORT ON IMPLEMENTATION AND USE OF (2) The amendment made by paragraph (1) separately stated with respect to— CHILD SUPPORT DATABASES.—Not later than shall take effect as if included in the enact- December 31, 1998, the Comptroller General ‘‘(1) recipients of assistance under a State ment of section 5557 of the Balanced Budget of the United States shall report to the Com- program funded under part A or of payments Act of 1997 (Public Law 105–33; 111 Stat. 637). mittee on Finance of the Senate and the or services under a State plan approved (f) Section 473A(c)(2)(B) of the Social Secu- Committee on Ways and Means of the House under part E; and rity Act (42 U.S.C. 673b(c)(2)(B)) is amended— of Representatives on the implementation of ‘‘(2) individuals who are not such recipi- (1) by striking ‘‘November 30, 1997’’ and in- the Federal Parent Locater Service (includ- ents.’’; and serting ‘‘April 30, 1998’’; and ing the Federal Case Registry of Child Sup- (2) in subsection (c), by striking ‘‘(c)’’ and (2) by striking ‘‘March 1, 1998’’ and insert- port Orders and the National Directory of inserting ‘‘(d) RULE OF INTERPRETATION.—’’. ing ‘‘July 1, 1998’’. (b) CONFORMING AMENDMENT.—Section New Hires) established under section 453 of (g) Section 474(a) of the Social Security 452(a)(10) of such Act (42 U.S.C. 652(a)(10)) is the Social Security Act (42 U.S.C. 653) and Act (42 U.S.C. 674(a)) is amended by striking amended— the State Directory of New Hires established ‘‘(subject to the limitations imposed by sub- (1) by adding ‘‘and’’ at the end of subpara- under section 453A of such Act (42 U.S.C. section (b))’’. graph (H); and 653a). The report shall include a detailed dis- (h) Section 232 of the Social Security Act (2) by striking subparagraph (I) and redes- cussion of the purposes for which, and the Amendments of 1994 (42 U.S.C. 1314a) is ignating subparagraph (J) as subparagraph manner in which, the information main- amended— (I). tained in such databases has been used, and (1) in subsection (b)(3)(D), by striking ‘‘En- (c) EFFECTIVE DATE.—The amendments an examination as to whether such databases ergy and’’; and made by this section shall apply to informa- are subject to adequate safeguards to protect (2) in subsection (d)(4), by striking tion maintained with respect to fiscal year the privacy of the individuals with respect to ‘‘(b)(3)(C)’’ and inserting ‘‘(b)(3)’’. 1995 or any succeeding fiscal year. whom information is reported and main- The Clerk read the House amendment tained. SEC. 408. CLARIFICATION OF ELIGIBILITY UNDER WELFARE-TO-WORK PROGRAMS. to the Senate amendment to the title, SEC. 406. DATA MATCHING BY MULTISTATE FI- Section 403(a)(5)(C)(ii) of the Social Secu- as follows: NANCIAL INSTITUTIONS. rity Act (42 U.S.C. 603(a)(5)(C)(ii)) is amend- (a) USE OF FEDERAL PARENT LOCATOR SERV- House amendment to Senate amendment ed— to the title: ICE.—Section 466(a)(17)(A)(i) of the Social Se- (1) in the matter preceding subclause (I) by curity Act (42 U.S.C. 666(a)(17)(A)(i)) is In lieu of the matter proposed to be in- striking ‘‘of minors whose custodial parent serted by the Senate amendment to the title amended by inserting ‘‘and the Federal Par- is such a recipient’’; ent Locator Service in the case of financial of the bill, insert the following: (2) in subclause (I), by inserting ‘‘or the ‘‘An Act to provide for an alternative pen- institutions doing business in 2 or more noncustodial parent’’ after ‘‘recipient’’; and States,’’ before ‘‘a data match system’’. alty procedure for States that fail to meet (3) in subclause (II), by striking ‘‘The indi- Federal child support data processing re- (b) FACILITATION OF AGREEMENTS.—Section vidual—’’ and inserting ‘‘The recipient or the 452 of such Act (42 U.S.C. 652) is amended by quirements, to reform Federal incentive pay- minor children of the noncustodial parent— ments for effective child support perform- adding at the end the following: ’’. ‘‘(l) The Secretary, through the Federal ance, to provide for a more flexible penalty SEC. 409. STUDY OF FEASIBILITY OF IMPLEMENT- procedure for States that violate interjuris- Parent Locator Service, may aid State agen- ING IMMIGRATION PROVISIONS OF cies providing services under State programs dictional adoption requirements, and for H.R. 3130, AS PASSED BY THE HOUSE other purposes.’’. operated pursuant to this part and financial OF REPRESENTATIVES ON MARCH 5, institutions doing business in 2 or more 1998. Mr. SHAW (during the reading). Mr. States in reaching agreements regarding the (a) STUDY.—The Secretary of Health and Speaker, I ask unanimous consent that receipt from such institutions, and the Human Services, in consultation with the the House amendments to the Senate transfer to the State agencies, of informa- Immigration and Naturalization Service, amendments be considered as read and tion that may be provided pursuant to sec- shall conduct a study to determine the fea- printed in the RECORD. tion 466(a)(17)(A)(i), except that any State sibility of the provisions of title V of H.R. that, as of the date of the enactment of this 3130, as passed by the House of Representa- The SPEAKER pro tempore (Mr. subsection, is conducting data matches pur- tives on March 5, 1998, were such provisions PEASE). Is there objection to the re- suant to section 466(a)(17)(A)(i) shall have to become law, especially whether it would quest of the gentleman from Florida? until January 1, 2000, to allow the Secretary be feasible for the Immigration and Natu- There was no objection. to obtain such information from such insti- ralization Service to implement effectively The SPEAKER pro tempore. Is there tutions that are operating in the State. For the requirements of such provisions. objection to the original request of the purposes of section 1113(d) of the Right to Fi- (b) REPORT TO THE CONGRESS.—Within 6 gentleman from Florida? nancial Privacy Act of 1978, a disclosure pur- months after the date of the enactment of Mr. LEVIN. Mr. Speaker, I reserve suant to this subsection shall be considered this Act, the Secretary of health and Human a disclosure pursuant to a Federal statute.’’. Services shall submit to the Committees on the right to object to the original (c) PROTECTION AGAINST LIABILITY.—Sec- Ways and Means and on the Judiciary of the unanimous consent request, and I yield tion 469A(a) of such Act (42 U.S.C. 669a(a)) is House of Representatives and the Commit- to the gentleman from Florida for an amended by inserting ‘‘, or for disclosing any tees on Finance and on the Judiciary of the explanation of the amendment. H5378 CONGRESSIONAL RECORD — HOUSE June 25, 1998 Mr. SHAW. I thank the gentleman The SPEAKER pro tempore (Mr. House bill for yielding. PEASE). Is there objection to the re- If by December 31, 1997, a State has sub- Mr. Speaker, this amendment is the quest of the gentleman from Florida? mitted to the Secretary a request that the product of long and difficult negotia- There was no objection. Secretary certify the State as meeting the tions with the Senate on final agree- The legislative history is as follows: 1998 data processing requirements and is sub- ment which brings together two impor- sequently certified as a result of a review LEGISLATIVE HISTORY OF SENATE AND pursuant to the request, all penalties are tant provisions that will greatly im- HOUSE AMENDMENTS TO THE CHILD waived. prove the Nation’s child support en- SUPPORT PERFORMANCE AND INCEN- Senate amendment forcement program. TIVE ACT OF 1998 If at any time during year 1998, a State has The first provision reduces the harsh TITLE I. CHILD SUPPORT DATA PROCESSING REQUIREMENTS submitted to the Secretary a request that penalties imposed on States whose the Secretary certify the State as having SEC. 101. ALTERNATIVE PENALTY PROCEDURES child support data processing system met the 1988 data processing requirement does not meet the Federal require- 1. Eligibility for alternative penalty procedure and is subsequently certified as a result of a ments. The reduced penalties, however, Present law review pursuant to the request, all penalties will still constitute the largest pen- No provision. Under current law, if a State are waived. alties ever imposed on States for fail- failed to implement a statewide automated Agreement ing to meet Federal requirements in data processing and information retrieval The agreement follows the House bill and the child support program. This provi- system by October 1, 1997 (which is a child the Senate amendment except the State re- sion is a slightly amended version of support enforcement State plan require- quest that the Secretary certify the state as the bill which was approved by this ment), the Office of Child Support Enforce- meeting the 1988 data processing require- ment is required to ‘‘disapprove’’ the State’s ments must be submitted by August 1, 1998. House under suspension of the rules child support enforcement plan, after an ap- 4. Partial Penalty Forgiveness this past March. The major change is peals process, and suspend federal funding that the States that implement cer- for the State’s child support enforcement Present law tified data processing systems later program. Moreover, pursuant to title IV–A No provision. than required by Federal law will re- (Temporary Assistance for Needy Families; House bill ceive a more generous penalty reduc- TANF), a State that cannot certify that it If a State operating under the penalty pro- tion in the year their system is cer- has an approved Child Support Enforcement cedure achieves compliance with the data tified. To pay for that slight penalty plan when it amends its TANF plan (gen- processing requirements before the first day erally every 2 years), is not eligible for of the next fiscal year, then the penalty for reduction, penalties imposed on States TANF block grant funding. Thus, a State that are 4 or more years late in build- the current fiscal year is reduced by 75 per- that failed to implement a statewide auto- cent. ing certified data systems are actually mated data processing and information re- increased under this legislation. trieval system is in eventual jeopardy of los- Senate amendment The second provision completely re- ing its TANF block grant allocation along Under the Senate amendment, States will places the outmoded and inefficient in- with its federal Chief Support Enforcement not face a penalty in the fiscal year in which centive system in the child support funding. they come into compliance. Moreover, if a House bill State comes into compliance within the first program. This new system, which was two years after penalties have been imposed, approved by the House under suspen- If the Secretary determines that a State is then the penalty from the prior fiscal year is sion of the rules on March 29, 1997, re- making good faith efforts to comply with the reduced by 20 percent. data processing requirements and if the wards States for effective and efficient Agreement performance in five critical areas of State submits a corrective compliance plan describing how it will comply, by when, and The agreement follows the House bill and child support enforcement. All sides at what cost, the State may avoid the pen- the Senate amendment with the modifica- agree that this new incentive system alty in current law and qualify for the new tions that there is no retrospective penalty will boost State performance and penalty procedure outlined below. reduction of 20 percent and the penalty re- thereby help mothers and children. Senate amendment duction in the year of certification is 90 per- cent. It is expected that the date of certifi- The Congressional Budget Office has Same. determined that the amendment is cation for a given State will be the date the Agreement budget neutral and imposes no un- State informs the Secretary in writing that funded mandates on the States. My The agreement follows the House bill and the State is ready for certification review the Senate amendment. and the State in fact is certified under that great disappointment in this com- 2. Penalty amount review. promise amendment is that we could 5. Penalty Reduction for Good Performance not convince the Senate to agree to the Present law Present law excellent provision that was authored As noted above, the penalty for noncompli- by the distinguished gentleman from ance with a Child Support Enforcement No provision. State plan requirement is loss of all federal House bill Maryland (Mr. CARDIN). He and his Child Support Enforcement funding and all States must comply with all the data proc- staff have worked tirelessly to create TANF funding as well. essing requirements imposed by the 1996 wel- an effective procedure for penalizing House bill aliens who have overdue child support. fare reform law by October 1, 2000. A State The percentage penalty is 4 percent, 8 per- that fails to comply may nonetheless have I want to assure the gentleman from cent, 16 percent, and 20 percent respectively its annual penalty reduced by 20 percent for Maryland that we will continue to for the first, second, third, and fourth or sub- each performance measure under the new in- fight for his superb proposal until it is sequent years of failing to comply with the centive system (see Title II below) for which finally enacted into law. data processing requirements. The percent- it achieves a maximum score. Thus, for ex- b 1745 age penalty is applied to the amount payable ample, a State being penalized would have to the State in the previous year as Federal its penalty for a given year reduced by 60 Finally, I wish to acknowledge the administrative reimbursement under the percent if it achieved maximum performance work of my good friend, the gentleman child support program. on three of the five performance measures. from Michigan (Mr. LEVIN), and his col- Senate amendment Senate enactment leagues on the other side of the aisle. Same as House bill, except in the fourth or Same. We have worked hand in hand through- subsequent year, the percentage penalty is 30 Agreement percent. out this process. We have also received The agreement follows the House bill and invaluable assistance from the Depart- Agreement the Senate amendment. ment of Health and Human Services. The agreement follows the House bill and 6. Penalty procedure applies to requirements of The result of all of this bipartisan co- the Senate amendment with the modifica- 1988 act and 1996 act tion that the percentage penalty is 4, 8, 16, operation is wonderful legislation that Present law will substantially improve the Nation’s 25, and 30 percent in the first through fifth and subsequent years respectively. P.L. 104–193 requires that as part of their child support program. State child support enforcement plans all 3. Penalty waiver Mr. Speaker, I ask unanimous con- States, by October 1, 2000, have in effect a sent that the legislative history be put Present law single statewide automated data processing into the RECORD. No provision. and information retrieval system that meets June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5379 all of the specified requirements, except that SEC. 102. AUTHORITY TO WAIVE SINGLE STATE- the requirements in current law, the State the deadline is extended by one day for each WIDE AUTOMATED DATA PROCESSING AND IN- must submit to the Secretary separate esti- day (if any) by which the Secretary fails to FORMATION RETRIEVAL SYSTEM REQUIRE- mates of the costs to develop and implement meet the deadline for final regulations on MENT both a single statewide system and the alter- the new data processing requirements (i.e., 8. Expansion of waiver provision native system being proposed by the State which is not later than August 22, 1998). The Present law plus the costs of operating and maintaining disapproval procedures described above also these systems for 5 years from the date of Current law states that the Secretary of would apply to these new data processing re- implementation. The Secretary must agree the Department of Health and Human Serv- quirements. with the estimates. If a State elects to oper- ices may waive any requirement related to House bill the advance planning automated data proc- ate such an alternative system, the State essing document or the automated data proc- would be paid the 66 percent federal adminis- With the exception of the FY1998 waiver trative reimbursement only on expenditures provision, which applies only to the 1988 re- essing and information retrieval system if the State demonstrates to the Secretary’s equal to the estimated cost of the single quirements, and the penalty reduction provi- satisfaction that the State has an alter- statewide system. sion for good performance, which applies native system or systems that enable the Senate amendment only to the 1996 requirements, the new pen- State to be in substantial compliance with alty procedure applies to data processing re- Same. other requirements of the child support en- quirements of both the 1988 Family Support forcement program. The waiver must also Agreement Act and the 1996 welfare reform legislation. meet the following conditions: (1) must be The agreement follows the House bill and Senate enactment designed to improve the financial well-being the Senate amendment. Same as House bill, except the Secretary of children or otherwise improve the oper- ation of the child support enforcement pro- TITLE II. CHILD SUPPORT INCENTIVE SYSTEM may only impose a single penalty for any gram, (2) may not permit modifications in given fiscal year with respect to the estab- SEC. 201. INCENTIVE PAYMENTS TO STATES the child support enforcement program lishment or operation of an automated data 1. Amount of incentive payments which would have the effect of processing and information retrieval system. disadvantaging children in need of support, Present law Agreement and (3) must not result in increased cost to Each State receives an incentive payment The agreement follows the House bill and the federal government under the TANF pro- equal to at least 6 percent of the State’s the Senate amendment with a modification gram; or the State provides assurances to total amount of child support collected on which stipulates that a state may not be pe- the Secretary that steps will be taken to behalf of TANF families for the year, plus at otherwise improve the State’s child support nalized for violating the automatic data least 6 percent of the State’s total amount of enforcement program. processing and information retrieval system child support collected on behalf of non- requirements imposed under Public Law 104– House bill TANF families for the year. [Note: P.L. 98– 193 if the state is being penalized for violat- The authority of the Secretary to waive 378, the Child Support Enforcement Amend- ing the automatic data processing require- certain data processing requirements and to ments of 1984, stipulates that political sub- ments of the 1988 Family Support Act. In ad- provide Federal funding for a wider range of divisions of a State that participate in the dition, a State is not subject to more than State data system activities is expanded to costs of support enforcement must receive an one penalty at a given time under the data include waiving the single statewide system appropriate share of any incentive payment processing requirements of either the 1988 requirement under certain conditions and given to the State. P.L. 98–378 also requires Act or the 1996 Act. providing Federal funds to develop and en- States to develop criteria for passing hance local systems linked to State systems. through incentives to localities, taking into 7. Exemption from TANF penalty procedures To qualify, a State must demonstrate that it account the efficiency and effectiveness of Present law can develop an alternative system that: Can local programs.] help the State meet the paternity establish- House bill As noted above, States without approved ment requirement and other performance child support enforcement plans are in even- measures; can submit required data to HHS The incentive payment for a State for a tual danger of losing funding for the TANF that is complete and reliable; substantially given year is calculated by multiplying the block grant (which would include supple- complies with all requirements of the child incentive payment pool for the year by the mental and bonus TANF funding and funding support enforcement program; achieves all State’s incentive payment share for the for the Welfare-to-Work program). the functional capacity for automatic data year. The TANF penalty for a State which the processing outlined in the statute; meets the Senate amendment Secretary finds has not complied with one or requirements for distributing collections to more of the child support enforcement pro- families and governments, including cases in Same. gram requirements and has failed to take which support is owed to more than one fam- Agreement sufficient corrective action to achieve the ily or more than one government; has one The agreement follows the House bill and appropriate performance level or compliance and only one point of contact for interstate the Senate amendment. is subject to a graduated penalty of TANF case processing and intrastate case manage- block grant funds equal to not less than 1% ment; is based on standardized data ele- 2. Incentive payment pool nor more than 2% for the first finding of ments, forms, and definitions that are used Present law throughout the State; can be operational in noncompliance; not less than 2% nor more No provision. than 3% for the second consecutive finding of no more time than it would take to achieve noncompliance; and not less than 3% nor an operational single statewide system; and House bill more than 5% for the third or subsequent can process child support cases as quickly, The incentive payment pool is equal to the finding of noncompliance. efficiently, and effectively as would be pos- CBO estimate of incentive payments for each House bill sible with a single statewide system. year under current law. Specifically, the Senate amendment amounts (in millions) for fiscal years 2000 No provision. Same. through 2008 respectively are: $442, $429, $450, Senate amendment $461, $454, $446, $458, $471 and $483. Specifying Agreement these amounts in the statute assures that Because States are subject to the penalty The agreement follows the House bill and the incentive payments will be budget neu- procedure outlined above for violations of the Senate amendment. tral. After 2008, the incentive payment pool the data processing requirement, they are 9. Federal payments under waiver provision increases each year by an amount equal to exempt from the TANF penalty procedure Present law the rate of inflation. for such violations. To be approved for a waiver, a State must Senate amendment Agreement demonstrate that the proposed project: (1) is Same. The agreement follows the Senate amend- designed to improve the financial well-being Agreement ment. In addition the Social Security Act is of children or otherwise improve the oper- amended to clarify that TANF money used ation of the child support program; (2) does The agreement follows the House bill and as matching funds for grants under section not permit modifications in the child sup- the Senate amendment. port program that would have the effect of 3037 of the Transportation Equity for the 21st 3. Calculating incentive payments Century Act of 1998 can only be spent on the disadvantaging children in need of support; transportation needs of families eligible for and (3) does not result in increased cost to Present law TANF benefits and other low-income fami- the Federal government under the TANF The maximum incentive payment for a lies. TANF funds used to provide transpor- program. State could reach a high of 10 percent of tation services under section 3037 grants are House bill child support collected on behalf of TANF not considered assistance for purposes of the In addition to the various waiver require- families plus 10 percent of child support col- TANF program. ments described in provision #8 above, and to lected on behalf of non-TANF families. There H5380 CONGRESSIONAL RECORD — HOUSE June 25, 1998 is a limit, however, on the incentive pay- House bill 8. Determination of applicable percentages for ment for non-TANF child support collec- The collections base for a fiscal year is the collections on current child support due per- tions. The incentive payments for such col- sum of two categories of child support collec- formance level lections may not exceed 115 percent of incen- tions by the State. The first category is col- Present law tive payments for TANF child support col- lections on cases in the State child support No provisions. lections. welfare caseload. This category includes House bill House bill families that are currently or were formerly The current support payment performance In addition to the incentive payment pool, receiving benefits from TANF (or its prede- level for a State for a fiscal year is the total incentive calculations are based on the five cessor program Aid to Families with Depend- amount of current support collected during factors defined below. The general approach ent Children), from Medicaid under Title the fiscal year from all cases in the child is to pay to each State its share of the incen- XIX, or from foster care under Title IV–E. support program (both welfare and non-wel- tive payment pool based on the quality of its Total collections from this category are dou- fare cases) divided by the total amount owed performance on the five incentive perform- bled in the State collections base calcula- on support which is not overdue. The appli- ance measures. The five computational fac- tion. The second category is collections from cable percentage is then determined in ac- tors are: all other families receiving services from the cord with the table in new section (1) State collections base is used to ensure State child support enforcement program. 458A(b)(6)(C) of the Social Security Act (see that incentive payments are proportional to Senate amendment the amount of child support collected by the Table 3 below). Special rule for computing the applicable State; collections for welfare cases are given Same. percentage for current payments: If the cur- double the weight of collections for nonwel- Agreement rent payment performance level is less than fare cases in the calculations; The agreement follows the House bill and 40 percent but exceeds by at least 5 percent- (2) Maximum incentive base amount is the Senate amendment. simply a device to give extra weight to three age points the current payment performance of the five incentive performance measures 6. Determination of applicable percentages for level of the State for the immediately pre- because these measures are thought to be paternity establishment performance level ceding fiscal year, then the applicable per- more important to State performance. Spe- Present law centage for the State’s current payment per- formance level is 50 percent. cifically, paternity establishment, establish- No provision. ment of support orders, and collections on Senate amendment House bill current support receive full weight in the Same. The paternity establishment performance calculations, while collections on past-due Agreement support and the cost-effectiveness perform- level for a State for a fiscal year is, at the The agreement follows the House bill and ance level receive a weight of only 75 percent option of the State, either the paternity es- the Senate amendment. of the other three measures; tablishment percentage of cases in the child (3) Applicable percentage is the actual support program or the paternity establish- 9. Determination of applicable percentages for measure of performance effectiveness and is ment percentage of all births in the State. In collections on child support arrearages per- determined by looking up the raw perform- both cases, the paternity establishment per- formance level ance level in a table; there is a different centage is obtained by dividing the cases in Present law table for each of the five performance meas- which paternity is established by the total No provision. ures (see below); number of nonmarital births. The applicable House bill (4) Incentive base amount is the total of percentage is then determined in accord with the applicable percentages for each of the the table in new section 458A(b)(6)(A) of the The arrearages payment performance level five performance measures multiplied by Social Security Act (see Table 1 below). for a State for a fiscal year is the total num- their respective maximum incentive base Special rule for computing the applicable per- ber of cases in the State child support pro- amounts (either 1.00 or 0.75); centage for paternity establishment: If the pa- gram that received payments on past-due (5) State incentive payment share is a per- ternity establishment performance level of a child support divided by the total number of centage calculated by using the four factors State is less than 50 percent but exceeds by cases in the State child support program in defined above. This measure specifies the at least 10 percentage points the paternity which a payment of child support is past- percentage share of the annual payment pool establishment performance level of the State due. The applicable percentage is then deter- that each State receives. The State incentive for the immediately preceding fiscal year, mined in accord with the table in new sec- payment share takes into account the then the applicable percentage for the State tion 458A(b)(6)(D) of the Social Security Act State’s performance on all five incentive per- paternity establishment performance level is (see Table 4 below). formance measures, the weighting of the five 50 percent. Special rule for computing the applicable incentive performance measures, its collec- percentage for arrears: If the arrearages pay- Senate amendment tions in the TANF and non-TANF caseloads, ment performance level of a State for a fis- and its performance relative to other States. Same. cal year is less than 40 percent but exceeds Senate amendment Agreement by at least 5 percentage points the arreages payment performance level for the imme- Same. The agreement follows the House bill and diately preceding fiscal year, then the appli- Agreement the Senate amendment. cable percentage for the State’s arrearages The agreement follows the House bill and 7. Determination of applicable percentages for performance level is 50 percent. the Senate amendment. child support order performance level Senate amendment 4. Data used to calculate ratios required to be Present law Same. complete and reliable No provision. Agreement Present law House bill The agreement follows the House bill and No provision. The support order performance level for a the Senate amendment. House bill State for a fiscal year is the percentage of 10. Determination of applicable percentages for The payment on each of the five perform- cases in the child support program for which cost-effectiveness performance level ance measures is zero unless the Secretary there is a support order. The applicable per- Present law determines that the data submitted by the centage is then determined in accord with Incentive payments are made according to State for each measure is complete and reli- the table of new section 458A(b)(6)(B) of the the collection-to-cost ratios (ratio of TANF able. Social Security Act (see Table 2 below) collections to total child support enforce- Senate amendment Special rule for computing the applicable ment administrative costs and ratio of non- Same percentage for child support orders: If the TANF collections to total child support en- Agreement support order performance level of a State is forcement administrative costs) shown less than 50 percent but exceeds by at least below. The agreement follows the House bill and 5 percentage points the support order per- the Senate amendment. formance level of the State for the imme- Collection- Incentive payment 5. State collections base diately preceding fiscal year, then the appli- to-cost ratio: received (percent) Less than 1.4 to 1 ...... 6.0 cable percentage for the State’s support Present law At least 1.4 to 1 ...... 6.5 Although the collections base terminology order performance level is 50 percent. At least 1.6 to 1 ...... 7.0 is not used, the incentive payment is based Senate amendment At least 1.8 to 1 ...... 7.5 on total child support collected on behalf of Same At least 2.0 to 1 ...... 8.0 TANF families (i.e., TANF collections) plus At least 2.2 to 1 ...... 8.5 total child support collected on behalf of Agreement At least 2.4 to 1 ...... 9.0 non-TANF families (i.e., non-TANF collec- the agreement follows the House bill and At least 2.6 to 1 ...... 9.5 tions). the Senate amendment. At least 2.8 to 1 ...... 10.0 June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5381 For purposes of calculating these ratios, implement the incentive payment program Agreement interstate collections are credited to both within 9 months of the date of enactment. The agreement follows the House bill and the initiating and responding States. In addi- These regulations may include directions for the Senate amendment. tion, at State option, laboratory costs (for excluding certain closed cases and cases over 18. Technical and conforming amendments blood testing, etc.) to establish paternity which the State has no jurisdiction. Present law may be excluded from the State’s adminis- Senate amendment trative costs in calculating the State’s col- No provision. Same. lection-to-cost ratios for purposes of deter- House bill mining the incentive payment. Agreement This section contains two technical and The agreement follows the House bill and House bill conforming amendments. the Senate amendment. The cost-effectiveness performance level Senate amendment for a State for a fiscal year is the total 14. Reinvestment Same. amount collected during the fiscal year from Present law Agreement all cases in the State child support program No provision. divided by the total amount expended during The agreement follows the House bill and House bill the fiscal year on the State child support the Senate amendment. States must spend their child support in- program. The applicable percentage is then 19. Elimination of current incentive program centive payments to carry out their child determined in accord with the table in new Present law section 458A(b)(6)(E) of the Social Security support enforcement program or to conduct Act (see Table 5 below). activities approved by the Secretary which No provision. (The current incentive pay- may contribute to improving the effective- ment system is a permanent provision of Senate amendment ness or efficiency of the State child support law.) Same. enforcement program. House bill Agreement Senate amendment The current incentive program under sec- The agreement follows the House bill and Same. tion 458 of the Social Security Act is re- the Senate amendment. Agreement pealed on October 1, 2001. On that date, sec- tion 458A is redesignated as section 458. 11. Treatment of interstate collections. The agreement follows the House bill and Present law the Senate amendment. Senate amendment As noted above, in computing incentive 15. Transition rule Same. payments, child support collected by one Present law Agreement State at the request of another State (i.e., Not applicable. The agreement follows the House bill and interstate collections) are credited to both the Senate amendment. the initiating State and the responding House bill 20. General effective date State. State expenditures on special inter- The new incentive system is phased in over state projects carried out under section 2 years beginning in fiscal year 2000. In fiscal Present law 455(e) of the Social Security Act must be ex- year 2000, 1/3rd of each State’s incentive pay- The current incentive payment system cluded from the incentive payment calcula- ment is based on the new incentive system took effect on October 1, 1985. tion. and 2/3rds on the old system. In fiscal year House bill 2001, 2/3rds of each State’s incentive payment House bill Except for the elimination of the current is based on the new incentive system and In computing incentive payments, support incentive program (see provision #19 above), 1/3rd on the old system. The new system is collected by a State at the request of an- the amendments made by this legislation fully operational in fiscal year 2002. other State is treated as having been col- take effect on October 1, 1999. Senate amendment lected by both States. State expenditures on Senate amendment a special interstate project carried out under Same. Same. section 455(e) are excluded from incentive Agreement payment calculations. Agreement The agreement follows the House bill and The agreement follows the House bill and Senate amendment the Senate amendment. the Senate amendment. Same. 16. Review TITLE III. ADOPTION PROVISIONS Agreement Present law SEC. 301. MORE FLEXIBLE PENALTY PROCEDURE The agreement follows the House bill and No provision. the Senate amendment. TO BE APPLIED FOR FAILING TO PERMIT House bill INTERJURISDICTIONAL ADOPTION 12. Administrative provisions The Secretary of Health and Human Serv- Present law Present law ices must conduct a study of the implemen- Under section 474(e) of the Social Security The Secretary’s incentive payments to tation of the incentive payment program in Act (as established by P.L. 105–89), a State is States for any fiscal year are estimated at or order to identify problems and successes of not eligible for any foster care or adoption before the beginning of such year based on the program. An interim report must be pre- assistance payments under Title IV–E if the the best information available. The Sec- sented to Congress not later than March 1, Secretary finds that the State has denied or retary makes such payments on a quarterly 2001. By October 1, 2003, the Secretary must delayed a child’s adoptive placement when basis. Each quarterly payment must be re- submit a final report. Recommendations for an approved family is available outside the duced or increased to the extent of overpay- changes that the Secretary determines jurisdiction with responsibility for handling ments or underpayments for prior periods. would improve program operation should be the child’s case, or the State has failed to House bill included in the final report. grant an opportunity for a fair hearing to The Secretary’s incentive payments to Senate amendment anyone who alleges that a violation of this States are based on estimates computed Same. provision was denied by the State or not acted upon promptly. from previous performance by the States. Agreement Each year, the Secretary must make quar- House bill The agreement follows the House bill and terly payments based on these estimates. the Senate amendment. The current penalty of losing all Federal Each quarterly payment must be reduced or Title IV–E funds for violating the jurisdic- 17. Study increased to the extent of overpayments or tional provision is dropped and a new pen- underpayments for prior periods. Present law alty is substituted. Under the new penalty, Senate amendment No provision. States that violate the adoption provision Same. House bill would receive a penalty equal to 2 percent of the Federal funds for foster care and adop- Agreement The Secretary, in consultation with State tion under Title IV–E of the Social Security IV–D directors and representatives of chil- The agreement follows the House bill and Act for the first violation, 3 percent for the dren potentially eligible for medical support, the Senate amendment. second violation, and 5 percent for the third must develop a new medical support incen- 13. Regulations and subsequent violations. tive measure based on effective performance. Present law A report on this new incentive measure must Senate amendment Not applicable. be submitted to Congress not later than Oc- Same. House bill tober 1, 1999. Agreement The Secretary of Health and Human Serv- Senate amendment The agreement follows the House bill and ices must prescribe regulations necessary to Same. the Senate amendment. The intent of a H5382 CONGRESSIONAL RECORD — HOUSE June 25, 1998 major provision of the Adoption and Safe be required to accept the form as a ‘‘quali- child support order are properly carried out. Families Act of 1997 is to remove interjuris- fied medical support order’ under the Em- The National Medical Support Notice (1) is dictional barriers to adoption to ensure that ployee Retirement Income Security Act to conform to the provisions specified in sec- States facilitate timely permanent place- (ERISA). The Secretaries would jointly es- tion 609(a)(3) of ERISA (irrespective of ments for children. Any State policy or prac- tablish a medical support working group, not whether the group health plan is covered by tice that denies a child the opportunity to be later than 90 days after the date of enact- reason of section 4 of such Act), and (2) is to adopted across State or county jurisdictions ment, to identify and make recommenda- include a separate and easily severable em- is in clear violation of the Act. The Depart- tions for the removal of other barriers to ef- ployer withholding notice (which can be ment of Health and Human Services must de- fective medical support. The working group’s made severable in any reasonable manner velop a comprehensive monitoring strategy report on recommendations for appropriate and not limited to perforated paper). Interim to uncover state violations. The new pen- measures to address the impediments to ef- regulations for the National Medical Support alties for violating the interjurisdictional fective enforcement of medical support is Notice would be required within 10 months of provision are aimed at enforcing State plan due to the Secretary of Health and Human the date of enactment, and final regulations violations by reducing for a fiscal quarter Services, and the Congress, no later than 18 no later than 1 year after the issuance of the the amount of money payable to the State months after the date of enactment. The interim regulations. by 2 percent for the first violation, 3 percent Secretary of Labor, in consultation with the The agreement requires State Child Sup- for the second violation, and 5 percent for Secretary of Health and Human Services, port Enforcement agencies to use the Na- the third and subsequent violations. Con- would be required to submit to Congress, not tional Medical Support Notice to transfer gress expects the Secretary to carefully later than one year after the date of enact- notice of provision of health care coverage monitor changes in State policy on inter- ment of this bill, a report containing rec- for the child to the non-custodial parent’s jurisdictional barriers and to use the new ommendations for any additional ERISA employer (unless alternative coverage is al- penalties enacted by Congress if necessary. changes necessary to improve medical sup- lowed for in any order of the court or other The Adoption and Safe Families Act of 1997 port enforcement. entity issuing the order). The employer is does not prevent a State from making efforts Agreement then required, within 20 business days, to to preserve or reunify a family in cases of ag- Medical child support is an essential part send the portion of the national notice ex- gravated circumstances, as long as the cluding the employer withholding notice to child’s health and safety are the paramount of any general child support order because it enables a child to have access to quality pri- the appropriate plan providing health care considerations. In addition, the Adoption coverage for which the child is eligible. The and Safe Families Act of 1997 establishes a vate health care coverage to which she or he would not otherwise be entitled. It also pre- employer withholding notice is also to in- new requirement that States must initiate form the employer of applicable provisions of termination of parental rights proceedings in vents the misuse of Federal programs such as Medicaid and the State Children’s Health state law (and related information) requiring specific cases that are outlined in the law. the employer to withhold any employee con- However, the law only requires States to ini- Insurance Program as a backdoor alternative for parents who shirk their medical child tributions due as may be required to enroll tiate such proceedings and does not mandate the child under such plan. the outcome. Moreover, the law provides support responsibilities. Although ERISA al- ready requires that employers enforce medi- The agreement requires ERISA plan and that States are not required to initiate ter- other covered plan administrators who re- mination of parental rights in certain cases, cal care support orders if those orders meet certain criteria laid out in that statute ceive an appropriately completed National including when there is a compelling reason Medical Support Notice to comply with such to conclude that such proceedings would not (which qualifies them as Qualified Medical Child Support Orders or QMSCOs), effective notice as a qualified medical child support be the child’s best interest. Thus, the State order. The plan administrator is then to re- retains the discretion to make case-by-case enforcement of medical child support is still thwarted by a lack of standardized commu- port back to the State within 40 business determinations regarding whether to seek days after receipt of the Notice whether cov- termination of parental rights. nication between the state child support en- forcement agencies, parents’ employers, and erage is available, whether the child is cov- TITLE IV. TECHNICAL CORRECTIONS the plan administrators of parents’ health ered and the date of coverage, and if the SEC. 401. ELIMINATION OF BARRIERS TO THE EF- insurance plans. Streamlining the medical child is not covered, any steps needed to en- FECTIVE ESTABLISHMENT AND ENFORCEMENT support process for ERISA plans and non- roll the child under the plan. Nothing in this OF MEDICAL CHILD SUPPORT ERISA plans alike is essential to ensure that provision is to be construed as requiring a Present law all children receive the medical support for covered group health plan to provide benefits (or eligibility for such benefits) which are P.L. 104–193 required Employee Retirement which they are eligible. not otherwise provided under the terms of Income Security Act (ERISA) plan adminis- The agreement follows the Senate provi- the plan. trators to honor health insurance orders (i.e. sion on medical support with changes. The The agreement also applies the require- medical support orders) issued by courts or agreement requires that the Medical Child ments of the National Medical Support No- administrative agencies. It appears that Support Working Group be established with- tice to certain other plans that are not cov- many ERISA plan administrators inter- in 60 days after the date of enactment. It ered under section 609 of ERISA. preted the statutory language as requiring also adds others to the Working Group (e.g. the actual receipt of a copy of the order organizations representing state child sup- SEC. 401. SAFEGUARD OF NEW EMPLOYEE itself. Since it is the practice of many CSE port programs and the trade or industry rep- INFORMATION agencies to simply notify the ERISA plan ad- resentatives of employers and their certified Present law ministrator that an order has been issued for human resource and payroll professionals). It No provision. a case, many plan administrators did not is expected that representatives of at least House bill recognize the administrative notice as suffi- the following organizations be invited to par- cient to meet the requirements of current ticipate in the working group—the American No provision. law. Currently only 60% of all national child Public Welfare Association, the New York Senate amendment support orders include a medical support State Child Support Division, the Eastern The Senate amendment would impose a component. In its 1996 review of state child Regional Interstate Child Support Associa- fine of $1,000 for each act of unauthorized ac- support enforcement programs, GAO re- tion, the American Payroll Association, the cess to, disclosure of, or use of information ported that at least 13 states were not con- ERISA Industry Committee, the Society for in the National Directory of New Hires. It sistently petitioning to include medical sup- Human Resource Management, the National would also require that data entered into the port in its general support orders, and 20 Coordinating Committee for Multi-employer National Directory of New Hires be deleted states were not enforcing existing medical Plans, the Center for Law and Social Policy, 24 months after the date of entry for individ- support orders. and the Children’s Defense Fund. The work- uals who have a child support order. For an House bill ing group is required to submit its rec- individual who does not have a child support ommendations for appropriate measures to No provision. order, the data would be required to be de- address the impediments to effective en- leted after 12 months. Senate amendment forcement of medical support to the Sec- The Senate amendment requires the Sec- retaries of Health and Human Services and Agreement retaries of the Departments of Health and Labor no later than 18 months after the date The agreement follows the Senate amend- Human Services and Labor to design and im- of enactment. The Secretaries are required ment with modifications. The $1,000 fine is plement a National Standardized Medical to submit their joint report to Congress no retained and the Social Security Adminis- Support Notice. Proposed regulations would later than 2 months after they receive the tration (SSA), which maintains the New be required no later than 180 days after the recommendations of the working group. Hires data base under contract with HHS, date of enactment, and final regulations no In general, the agreement would follow the must delete the New Hire and wage and un- later than 1 year after the Date of enact- Senate provision with respect to the develop- employment compensation data within 24 ment. State child support enforcement agen- ment and promulgation by regulation of a months after receipt. However, HHS will not cies would be required to use this standard- National Medical Support Notice to be have access to the wage and unemployment ized form to communicate the issuance of a issued by the States as a means of ensuring compensation data after 12 months for indi- medical support order, and employers would that the medical support provisions in a viduals who have not been found to have a June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5383 child support order. The Secretary may re- with financial institutions doing business in placed in the records relating to the matter. tain data on a sample of cases for research 2 or more states. The Secretary may send Also social security numbers must be re- purposes. In addition, the Secretary must in- identifying information to such financial in- corded on death certificates. The statute per- form Congress within 90 days after enact- stitutions on all individuals who owe past- mits the state to use a number other than ment of the purposes for which the New Hire due child support in any state. The financial the social security number in some cases. If and wage and unemployment compensation institutions will then transmit back to the a state chooses this option, it must still keep data will be used. The Secretary must also Secretary the identifying information on in- the social security number of the applicant inform Congress at least 30 days before the dividuals who owe past-due support for on file. data is to be used for a purpose not specified whom they have accounts; the Secretary will The Illegal Immigration Reform and Immi- in the original report. Within 3 years after transmit this information back to the state grant Responsibility Act of 1996 required enactment, the Secretary must report to that submitted the identifying information. States to collect social security numbers on Congress on the accuracy of New Hire data The State will take appropriate actions to applications for State licenses for purposes and the effectiveness of the procedures de- seize the assets. This provision does not of checking the identity of immigrants by signed to safeguard the New Hire informa- allow the Secretary to have access to any fi- October 1, 2000. tion. nancial information on individuals holding House bill SEC. 403. CONFORMING AMENDMENTS REGARDING accounts in these financial institutions. The current law on alternative data THE COLLECTION AND USE OF SOCIAL SECU- Multi-state financial institutions that re- sources to calculate the adoption incentive RITY NUMBERS FOR THE PURPOSES OF CHILD spond to requests for information from the amount only allowed the use of data re- SUPPORT ENFORCEMENT Secretary are not expected to respond to ported by States by November 30, 1997 and such requests from any state for which they Present law approved by the Secretary by March 1, 1998. have accepted information from the Sec- The new provision provides States with an Federal law (section 205(c)(2)(C) allows any retary. However, states that now conduct additional 5 months to report data (until State (or subdivision of the State) to use So- these data matches with financial institu- April 30, 1998) and the Secretary with an ad- cial Security account numbers in the admin- tions that do business in 2 or more states ditional 4 months to approve the data (until istration of any tax, public assistance, driv- may continue such procedures until January July 1, 1998). er’s license, or motor vehicle registration 1, 2000. This provision is not intended to pro- The House bill changes the January 1, 1998 laws within its jurisdiction to identify indi- hibit a State from requiring any financial in- date in the 1996 welfare reform law pertain- viduals affected by such laws. stitution doing business in the State to re- ing to State licenses to October 1, 2000, or House bill port account information directly to the such earlier date as the State selects. No provision. State for purposes other than child support Senate amendment Senate amendment enforcement. Financial institutions that Same. provide identifying information to the Sec- The Senate amendment revises the current retary or seize assets at the request of States Agreement statute to reflect the social security num- are not liable under State or Federal law for The Agreement follows the House bill and bers also must be used by the agencies ad- such actions. the Senate amendment with some additional ministering the renewal of professional li- technical amendments. The State data re- SEC. 405. GENERAL ACCOUNTING OFFICE REPORTS censes, driver’s licenses, occupational li- porting on child support enforcement re- censes, or recreational licenses to respond to Present law quired under section 469 of the Social Secu- requests for information from Child Support No provision. rity Act is simplified. The provision on eligi- Enforcement agencies; and that all divorce House bill bility for services in the Welfare-to-Work decrees, support orders, paternity determina- No provision. program authorized by section 403(a)(5) of tions and paternity acknowledgments must the Social Security Act is clarified by allow- Senate amendment include the social security number of the ap- ing states to provide services to noncustodial plicable individuals for the purpose of re- The Senate amendment would require the parents of children who meet the qualifica- sponding to requests for information from Comptroller General of the United States tions for benefits under the program. Two Child Support Enforcement agencies. (i.e., the General Accounting Office) to re- sections of the Child Support Enforcement port to Congress, no later than December 31, Agreement statute at Title IV–D of the Social Security 1998, on the feasibility of implementing an Act regarding the use of the Federal Parent The agreement follows the House bill; i.e., instant check system for employers to use in Locator Service (FPLS) are clarified. Lan- no provision. identifying individuals with child support or- guage on use of the FPLS for making or en- SEC. 404. CLARIFICATION OF DEFINITION REGARD- ders. The report is to include a review of the forcing child custody or visitation orders is ING HIGH-VOLUME AUTOMATED ADMINISTRA- use of the Federal Parent Locator Service, removed from section 453 where it had been TIVE ENFORCEMENT OF CHILD SUPPORT including the Federal Case Registry of Child placed inadvertently by legislation enacted Present law Support Orders and the National Directory in 1997. The language on use of the FPLS in of New Hires, and the adequacy of the pri- Federal law (section 466(a)(14) of the Social cases of parental kidnaping, child custody, vacy protections. Security Act, as amended by section 5550 of or parental visitation is located in section P.L. 105–33) requires States to conduct Agreement 463. This statute requires States to receive ‘‘high-volume automated administrative en- The agreement follows the Senate amend- and transmit to the Secretary requests from forcement,’’ to the same extent as used for ment. authorized persons (State agents, attorneys, or courts). The provisions of section 463, intrastate cases, in response to a request SEC. 406. TECHNICAL CORRECTIONS (THIS which carefully balance the rights of chil- made by another state to enforce a child sup- PROVISION IS SECTION 401 OF THE HOUSE BILL). dren, custodial parents, and noncustodial port order and promptly report the results of Present law parents, are intended to ensure that the such enforcement procedures to the request- Under section 473A of the Social Security FPLS is used in an even-handed fashion to ing state. Federal law also defines ‘‘high-vol- Act (as established by P.L. 105–89), States assist both parents in achieving access to ume automated administrative enforce- may receive financial incentives for increas- their children under appropriate cir- ment.’’ ing their number of adoptions of foster chil- cumstances. States must honor the requests House bill dren, above an annual base level. In deter- of noncustodial parents to have access, No provision. mining the base levels for each State, the through local courts, to information in the Senate amendment Secretary will use data from the Adoption FPLS if the procedures of section 463 are fol- and Foster Care Analysis and Reporting Sys- lowed. The Senate amendment eliminates the def- tem (AFCARS). However, in determining the inition of ‘‘high-volume automated adminis- TITLE V. IMMIGRATION PROVISIONS base levels for fiscal years 1995 through 1997, trative enforcement’’ from the statute. SEC. 501. ALIENS INELIGIBLE TO RECEIVE VISAS the Secretary may use alternative data AND EXCLUDED FROM ADMISSION FOR NON- Agreement sources, as reported by a State by November PAYMENT OF CHILD SUPPORT The agreement replaces the definition of 30, 1997, and approved by the Secretary by Present law ‘‘high-volume automated administrative en- March 1, 1998. forcement’’ in current law with a clearer def- Under Section 466(a)(13) of the Social Secu- No comparable provision. The Immigration inition. The new definition requires states, rity Act (as established by P.L. 104–193 and and Nationality Act (INA) enumerates a upon request from another state in an inter- amended by P.L. 105–33), states must have number of reasons why an alien may be ineli- state case, to use automated data matches procedures requiring that the social security gible to receive visas and excluded from ad- with financial institutions and other entities number of an applicant for a professional li- mission, including the likelihood of becom- to locate the obligor’s assets and, when as- cense, driver’s license, occupational license, ing a public charge, but failure to pay child sets are discovered, to seize these asset recreational, or marriage license be recorded support is not among them. through levy or other appropriate process. on the application. In addition, the social se- House bill The agreement also includes a provision al- curity number of a person subject to a di- Amends the INA to makes inadmissible lowing the Secretary, through the Federal vorce decree, support order, or paternity de- any alien legally obligated to pay child sup- Parent Locator Service, to help States work termination or acknowledgment must be port whose failure to pay has resulted in an H5384 CONGRESSIONAL RECORD — HOUSE June 25, 1998 arrearage exceeding $5,000, until child sup- Senate amendment TABLE 3—Continued port payments are made or the alien is in No provision. compliance with an approved payment agree- If the current payment performance level is— Agreement The applicable percent- ment. Extends applicability to aliens pre- At least (percent) But less than (percent) age is viously admitted for permanent residence The agreement follows the Senate amend- (i.e., as immigrants) who are seeking read- ment; i.e., no provision. 63 64 73 mission. Authorizes the Attorney General to 62 63 72 TABLE 1 61 62 71 waive inadmissibility in a given case if he or 60 61 70 she: (1) has received a waiver request from 59 60 69 If the paternity establishment performance level 58 59 68 the court of administrative agency with ju- is— The applicable percent- 57 58 67 risdiction over the child support case; and (2) age is 56 57 66 determines that granting the waiver would At least (percent) But less than (percent) 55 56 65 54 55 64 substantially increase the likelihood that 80 100 53 54 63 past and future child support payments 79 80 98 52 53 62 would be made. 78 79 96 51 52 61 77 78 94 50 51 60 Senate amendment 76 77 92 49 50 59 75 76 90 48 49 58 No provision. 74 75 88 47 48 57 Agreement 73 74 86 46 47 56 72 73 84 45 46 55 The agreement follows the Senate amend- 71 72 82 44 45 54 ment except that the Secretary of HHS is re- 70 71 80 43 44 53 quired to write a report, after consulting 69 70 79 42 43 52 68 69 78 41 42 51 with the Immigration and Naturalization 67 68 77 40 41 50 Service (INS), on the feasibility of enacting 66 67 76 0 40 0 the provision on child support enforcement 65 66 75 64 65 74 against aliens in the House bill. The report, 63 64 73 TABLE 4 which must be delivered to Congress within 62 63 72 6 months of enactment, must include an as- 61 62 71 If the arrearage payment performance level is— 60 61 70 The applicable percent- sessment of whether the INS can effectively 59 60 69 At least (percent) But less than (percent) age is implement the requirements of the House 58 59 68 provision. 57 58 67 56 57 66 80 100 SEC. 502. EFFECT OF NONPAYMENT OF CHILD SUP- 79 80 98 55 56 65 78 79 96 PORT ON ESTABLISHMENT OF GOOD MORAL 54 55 64 77 78 94 53 54 63 CHARACTER 76 77 92 52 53 62 75 76 90 Present law 51 52 61 74 75 88 50 51 60 No comparable provision in the reasons 73 74 86 0 50 0 72 73 84 given in the INA for a determination that an 71 72 82 alien is not a person of good moral char- 70 71 80 acter; such a determination is necessary for TABLE 2 69 70 79 68 69 78 an immigrant to naturalize. If the support order establishment performance 67 68 77 House bill level is— The applicable percent- 66 67 76 age is 65 66 75 Amends the INA to preclude a finding of At least (percent) But less than (percent) 64 65 74 good moral character, and thus naturaliza- 63 64 73 62 63 72 tion, if a person obligated to pay child sup- 80 100 79 80 98 61 62 71 port has failed to do so, with the opportunity 78 79 96 60 61 70 to overcome this either by meeting the child 77 78 94 59 60 69 58 59 68 support obligation or complying with an ap- 76 77 92 75 76 90 57 58 67 proved payment agreement. 74 75 88 56 57 66 55 56 65 Senate amendment 73 74 86 72 73 84 54 55 64 No provision. 71 72 82 53 54 63 52 53 62 Agreement 70 71 80 69 70 79 51 52 61 The agreement follows the Senate amend- 68 69 78 50 51 60 49 50 59 ment; i.e., no provision 67 68 77 66 67 76 48 49 58 SEC. 503. AUTHORIZATION TO SERVE LEGAL PROC- 65 66 75 47 48 57 46 47 56 ESS IN CHILD SUPPORT CASES ON CERTAIN AR- 64 65 74 63 64 73 45 46 55 RIVING ALIENS 62 63 72 44 45 54 Present law 61 62 71 43 44 53 60 61 70 42 43 52 No comparable provision among the func- 59 60 69 41 42 51 tions Immigration and Naturalization Serv- 58 59 68 40 41 50 0 40 0 ice (INS) officers are authorized by the INA 57 58 67 56 57 66 to perform during the inspections process. 55 56 65 House bill 54 55 64 TABLE 5 53 54 63 Amends the INA to authorize INS officers, 52 53 62 If the cost effectiveness performance level is— to the extent consistent with state law, to 51 52 61 The applicable percent- 50 51 60 At least But less than age is serve an applicant for admission with a writ, 0 50 0 order, or summons in a child support case. 5.00 100 Senate amendment 4.50 4.99 90 TABLE 3 4.00 4.50 80 No provision. 3.50 4.00 70 Agreement If the current payment performance level is— 3.00 3.50 60 The applicable percent- 2.50 3.00 50 The agreement follows the Senate Amend- At least (percent) But less than (percent) age is 2.00 2.50 40 ment; i.e., no provision. 0.00 2.00 0 SEC. 504. AUTHORIZATION TO OBTAIN INFORMA- 80 100 79 80 98 GENERAL LEAVE TION ON CHILD SUPPORT PAYMENTS BY ALIENS 78 79 96 Mr. SHAW. Mr. Speaker, I ask unani- Present law 77 78 94 76 77 92 mous consent that all Members have 5 No comparable provision. 75 76 90 74 75 88 legislative days in which to revise and House bill 73 74 86 extend their remarks and include ex- Amends the Social Security Act to author- 72 73 84 traneous material on the House amend- ize the Secretary of HHS to respond to re- 71 72 82 70 71 80 ment to the Senate amendment to H.R. quests by the Attorney General or the Sec- 69 70 79 retary of State with information which, in 68 69 78 3130. 67 68 77 The SPEAKER pro tempore. Is there the opinion of the HHS Secretary, may aid 66 67 76 them in determining whether an alien owes 65 66 75 objection to the request of the gen- child support. 64 65 74 tleman from Florida? June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5385 There was no objection. who are entitled to medical support through a with that, I would hope the gentleman Mr. LEVIN. Mr. Speaker, further re- child support order actually get enrolled in the would remove his right to object. serving the right to object, I rise in health plans of their non-custodial parents. Mr. BALLENGER. Mr. Speaker, I strong support today for H.R. 3130 Equally important, the agreement worked out withdraw my reservation of objection. which will reward States that admin- in conference should greatly expedite this The SPEAKER pro tempore. Is there ister effective child support enforce- process, and give both State child support en- objection to the request of the gen- ment systems. The bill is a result of forcement agencies and the health plans who tleman from Colorado? the cooperation and hard work of both must administer these children's enrollments There was no objection. parties and both Chambers of Congress, greater assurance that the process will work The Clerk read the concurrent reso- and it is very similar to legislation the efficiently. lution, as follows: House passed earlier this year by a Mr. Speaker, there are few things that are H. CON. RES. 230 vote of 414 to 1, and I would like to con- as important as one's health. Children in par- Whereas the date, 26 June 1998, marks the gratulate the chairman of the sub- ticular with their whole lives ahead of them, 50th anniversary of the commencement of committee, the gentleman from Flor- must have access to ongoing care. Similarly, the Allied effort to supply the people of Ber- lin, Germany, with food, fuel, and supplies in ida (Mr. SHAW), to his staff, and to our there are few things that are as frightening for the face of the illegal Soviet blockade that staff, and to the administration for all a family as having a child face illness without divided the city; of its work. the protection of insurance. This legislation ad- Whereas this 15 month Allied effort be- This bill is tough because it is realis- dresses these fundamental concerns: it will came known throughout the free world as tic. No more postponements. States help ensure that more kids get the care the ‘‘Berlin Airlift’’ and ultimately cost the will have to modernize their systems to they've been promised and need, and give lives of 78 Allied airmen, of whom 31 were collect moneys ordered by courts for more families the financial security and peace United States fliers; noncustodial parents needed by their of mind to which they are entitled. Whereas this heroic humanitarian under- children or face certain penalties. Mr. Speaker, I urge all my colleagues to taking was universally regarded as an unam- H.R. 3130, as the gentleman from biguous statement of Western resolve to support this agreement. thwart further Soviet expansion; Florida (Mr. SHAW) has explained has Mr. Speaker, I withdraw my reserva- Whereas the Berlin Airlift was an unquali- two basic goals. First, the legislation tion of objection. fied success, both as an instrument of diplo- would establish a new set of penalties The SPEAKER pro tempore. Is there macy and as a life saving rescue of the for States that have failed to modern- objection to the initial request of the 1,000,000 inhabitants of West Berlin, with ize their child support systems. Unlike gentleman from Florida? 2,326,205 tons of supplies delivered by 277,728 the current penalties, these new re- There was no objection. flights over a 462-day period; quirements can be realistically en- A motion to reconsider was laid on Whereas historians and citizens the world forced and therefore represent a mean- the table. over view the success of this courageous ac- tion as pivotal to the ultimate defeat of ingful incentive for States to comput- f international tyranny, symbolized today by erize and centralize their child support HONORING THE BERLIN AIRLIFT the fall of the Berlin Wall; and files. These steps are necessary for reli- Whereas this inspiring act of resolve must able and timely payments to children Mr. HEFLEY. Mr. Speaker, I ask be preserved in the memory of future genera- and families. unanimous consent that the Commit- tions in a positive and dramatic manner: Second, the bill would revamp the tee on International Relations be dis- Now, therefore, be it current Federal system for rewarding charged from the further consideration Resolved by the House of Representatives (the performance among State child support of the concurrent resolution (H. Con. Senate concurring), That it is the sense of the Res. 230) honoring the Berlin airlift, Congress that the 50th anniversary of the enforcement systems. By establishing Berlin Airlift should include the presen- specific performance criteria, H.R. 3130 and ask for its immediate consider- tation of a suitable gift of representational would make these incentive payments ation. art from the citizens of the United States of more closely track State efforts to en- The Clerk read the title of the con- America to the citizens of the Federal Re- force child support orders. current resolution. public of Germany, commemorating the fall Let me say the concerns from the The SPEAKER pro tempore. Is there of the ‘‘Berlin Wall’’ and the reunification of other body unfortunately prevented us objection to the request of the gen- this great city and, to this end, civic and from including in this bill, as the gen- tleman from Colorado? corporate leaders across the Nation are en- trusted to fulfill this intent using private tleman from Florida (Mr. SHAW) has Mr. BALLENGER. Reserving the right to object, Mr. Speaker, I do not subscription and volunteer effort with the stated, a provision championed by the encouragement and support of the United gentleman from Maryland (Mr. CARDIN) intend to object, but I would like to do States Congress. so for the gentleman from Colorado to deny noncitizens entrance into our The concurrent resolution was agreed (Mr. HEFLEY) to offer an explanation of country if they refuse to pay past due to. child support to an American citizen. his request. Mr. HEFLEY. Mr. Speaker, will the AMENDMENT TO THE PREAMBLE OFFERED BY The provision would serve a clear and MR. HEFLEY gentleman yield? useful purpose and certainly deserves Mr. HEFLEY. Mr. Speaker, I offer an Mr. BALLENGER. I yield to the gen- our continued support. amendment to the preamble. Mr. Speaker, we all talk about paren- tleman from Colorado. The Clerk read as follows: Mr. HEFLEY. Mr. Speaker, this is a tal responsibility. In today’s legisla- Amendment to the preamble offered by Mr. sense of Congress resolution regarding tion that the gentleman from Florida HEFLEY: (Mr. SHAW) and I have sponsored and the celebration of the Berlin airlift In the preamble amend the first clause to that has had, as said, the hard work on that should include a presentation of a read as follows: both sides of the aisle, on both sides of suitable gift of representational art Whereas the Allied effort to supply the the Rotunda and with the administra- from the citizens of the United States people of Berlin, Germany, with food, fuel, tion, is indeed a real step towards re- of America to the citizens of the Fed- and supplies in the face of the illegal Soviet quiring all parents to meet their obli- eral Republic of Germany commemo- blockade that divided the city was one of the rating the fall of the Berlin Wall and greatest military and humanitarian efforts gations to their children. in the history of the world; Mr. FAWELL. Mr. Speaker, I want to rise in the reunification of this great city. In the 4th clause of the preamble, strike support of H.R. 3130, The Child Support Per- And this, as my colleagues know, was ‘‘1,000,000’’ and insert ‘‘2,000,000’’. formance and Incentive Act. This bill will go a one of the great moments in history In the text after the resolving clause strike long way in helping children and families who when the United States stepped in and ‘‘50th anniversary’’ and insert ‘‘celebration’’. depend on the performance of child support saved a city that, if there was ever in- Mr. HEFLEY. Mr. Speaker, these are agreements. tention it was going to be choked to technical amendments to make the In particular, I want to note the improved death, there were about 2 million peo- resolution come into compliance with child medical support order provisions worked ple that were assisted by this airlift, our House rules, and I would move the out in the bill. I am pleased that we have and I think this is a very important amendment. broad bipartisan support for these important and appropriate thing for the Congress The SPEAKER pro tempore. The provisions. They will help ensure that children of the United States to recognize. And, question is on the amendment to the H5386 CONGRESSIONAL RECORD — HOUSE June 25, 1998 preamble offered by the gentleman teer their services for humanitarian wage. It is a wage without opportunity from Colorado (Mr. HEFLEY). purposes and without contemplation of or hope. As far as working people are The amendment to the preamble was compensation to religious, charitable concerned, the minimum wage still has agreed to. and similar not-for-profit organizations not caught up with the years of infla- A motion to reconsider was laid on are not considered to be employed by tion. We are still way behind in terms the table. such organizations for the purpose of of buying power of the dollars that f the Fair Labor Standards Act. There- workers receive, so the minimum wage fore, such individuals would not be cov- needs to be increased just to bring us PROVIDING THAT CERTAIN VOL- ered by the minimum wage require- one step closer to where the buying UNTEERS AT PRIVATE NON- ments of the Fair Labor Standards power of the dollar is today. PROFIT FOOD BANKS ARE NOT Act.’’ I think it is only fitting and proper EMPLOYEES FOR PURPOSES OF While the Department of Labor’s cur- in a time of great prosperity that we THE FAIR LABOR STANDARDS rent position is that individuals who increase the minimum wage. It is one ACT volunteer for food banks and who re- way to share the prosperity and help us Mr. BALLENGER. Mr. Speaker, I ask ceive groceries and food items from the to guarantee the pursuit of happiness unanimous consent that the Commit- food banks are not employees, the his- on a fair playing field for everybody. tee on Education and the Workforce be tory of the Department of Labor’s con- On this important anniversary of the discharged from further consideration flicting and inconsistent statements minimum wage, let us recommit our- of the bill (H.R. 3152) to provide that and letters indicates a need to clarify selves to create an opportunity for all certain volunteers at private non-profit this point in the statute. Food banks working Americans. When we return food banks are not employees for pur- which use such volunteers and encour- after recess, I hope we will vote to poses of the Fair Labor Standands Act age such volunteerism among those raise the minimum wage. of 1938, and ask for its immediate con- who receive food assistance should be Further reserving the right to object, sideration. able to do so without concern that they Mr. Speaker, I yield to the gentleman The Clerk read the title of the bill. are triggering an employment relation- from California (Mr. CAMPBELL) for his The SPEAKER pro tempore. Is there ship including wage and other employ- statement. objection to the request of the gen- ment liabilities. Mr. CAMPBELL. Mr. Speaker, I tleman from North Carolina? H.R. 3152 provides clarification that thank the gentleman for yielding, and Mr. OWENS. Mr. Speaker, reserving food banks may give groceries and food I also thank the subcommittee chair- the right to object, although I do not items to individuals who volunteer man, the gentleman from North Caro- their services to the food bank solely intend to object, and I ask that the lina (Mr. BALLENGER) for his kindness for humanitarian purposes without gentleman from North Carolina (Mr. in pursuing this legislation, his con- deeming those individuals as employ- BALLENGER) offer an explanation for scientiousness in bringing us to this his request. ees. Mr. Speaker, H.R. 3152 is a very nar- moment, and the chairman of the full Mr. BALLENGER. Mr. Speaker, will committee, the gentleman from Penn- the gentleman yield? row bill intended to clarify a specific situation on which the Department of sylvania (Mr. GOODLING) for the similar Mr. OWENS. I yield to the gentleman courtesy he has shown. from North Carolina. Labor has provided conflicting and con- tradictory rulings. There are, of Mr. Speaker, this bill is sponsored for Mr. BALLENGER. Mr. Speaker, H.R. one very important and simple pur- 3152 is intended to address a very nar- course, many other situations in which individuals receive various types of pose. It is to allow food banks to give row issue under the Fair Labor Stand- not only food but dignity. Those indi- ards Act but a very important issue for benefits in conjunction with perform- ing community services. The fact that viduals who are of lesser means, who many of our Nation’s food banks. H.R. volunteer their time in order to help 3152 clarifies that persons who help at we are clarifying the FLSA to say ex- plicitly that individuals who volunteer put together bags of groceries, are food banks on a volunteer basis and re- sometimes given a bag of groceries for ceive groceries from the food bank are at food banks and receive groceries are not employees should not be in any the hours that they may work, in rec- not employees of the food bank. ognition, not as a wage, but because The legislation is necessary because way construed to mean that by doing so Congress is showing an intent that they themselves might also be in need. of the inconsistent and conflicting in- It is a way for a person who has need to terpretations given in the past by the any other individual who performs community services and receives bene- receive help in his or her own right in Department of Labor. In 1992 in re- a way that confers and maintains their sponse to questions from the Congres- fits is an employee. And I want to commend the gen- dignity as a human being. sional Homelessness Task Force, Sec- tleman from California (Mr. CAMPBELL) Mr. Speaker, the bill came to my at- retary of Labor Lynn Martin wrote, ‘‘It the sponsor of 3152 for pursuing this tention because of the excellent work does not appear that volunteers at non- clarification, and I urge support of the of the Second Harvest Food Bank, and profit food distribution centers would bill. in closing I would like to recognize the be considered employees of the cen- Mr. OWENS. Further reserving the individuals involved in the exception- ters.’’ right to object, Mr. Speaker, I thank ally fine work of the Second Harvest Five years later, in May of 1997, in re- the gentleman for his explanation and Food Bank, in particular Mary Ellen sponse to a request by food bank cen- rise in support of the bill. This incident Heising, for 18 years the director of the ters for a formal advisory letter on the is just one example of the fact that the Second Harvest Food Bank, David status of such volunteers, the Office of Fair Labor Standards Act is flexible, Sandretto, the current executive direc- the Solicitor of the Department of the Fair Labor Standards Act will tor, and Cindy McGoun and Beverly Labor said it appears that distributing yield to common sense after due delib- Jackson who run the volunteer pro- organizations would be compensating eration. The Fair Labor Standards Act gram. needy individuals in the form of bene- of 1938, I might point out also, is enjoy- b 1800 fits, that is, food or other products, for ing its 60th anniversary today. services that the individuals performed The Fair Labor Standards Act was The bill will be amended shortly by for organizations and that the individ- passed 60 years ago. It established the my colleague and good friend, the sub- uals, if they meet the indigence re- 40-hour week, overtime pay, the ban on committee chair, so that it will be quirements, would expect to receive child labor and the minimum wage. styled the Amy Somers Volunteers at the products in return for their serv- Today we celebrate an important day Food Bank Recognition Bill, and this is ices. Under this scenario we would con- in American history, and on this day I in recognition of Amy Somers, who in sider these individuals employees of think we should renew our effort to December of last year passed away. She the distributing organizations. bring the minimum wage up to stand- had been for four years the director of Four months later, however, the So- ard. the food bank. licitor of Labor reversed course again, The minimum wage now is $5.15 cents I conclude by observing that as sure and he wrote, ‘‘Individuals who volun- per hour, and that is still a poverty as I am standing here, I have faith that June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5387 all of us will stand before our maker The SPEAKER pro tempore. Is there land of St. Croix converged on Fort and will have to answer the question, objection to the request of the gen- Frederik under the leadership of Moses when I was hungry, did you give me to tleman from North Carolina? ‘‘General Buddhoe’’ Gottlieb and eat; when I was thirsty, did you give There was no objection. threatened to destroy the island unless me to drink. In the case of Amy f their freedom was granted imme- diately. In response to the reports of Somers, for whom we will name this RECOGNIZING 150TH ANNIVERSARY the uprising, Danish Governor Peter bill, the answer is most assuredly, yes; OF EMANCIPATION OF AFRICAN Von Scholten rushed from the town of yes, she did. SLAVES IN VIRGIN ISLANDS Mr. OWENS. Mr. Speaker, I withdraw Christiansted and encouraged by his my reservation of objection. Mr. PEASE. Mr. Speaker, I ask unan- mulatto mistress Anna Heegaard, The SPEAKER pro tempore (Mr. imous consent that the Committee on issued his famous proclamation, ‘‘All HEFLEY). Is there objection to the re- the Judiciary be discharged from fur- unfree in the Danish West Indies are quest of the gentleman from North ther consideration of the resolution (H. from today free.’’ Carolina? Res. 495), relating to the recognition of Although the revolt ended with little There was no objection. the connection between the emanci- loss of property or life, its key players The Clerk read the bill, as follows: pation of American slaves and the Dan- paid a high price. General Buddhoe was ish West Indies, now the United States H.R. 3152 himself arrested and exiled, and Gov- Virgin Islands, to the American Dec- ernor Von Scholten returned to Den- Be it enacted by the Senate and House of Rep- laration of Independence from the Brit- resentatives of the United States of America in mark, where he was tried and found Congress assembled, ish government, and ask for its imme- guilty for exceeding his authority and SECTION 1. FAIR LABOR STANDARDS ACT OF diate consideration. for dereliction of duty. 1938. The SPEAKER pro tempore. Is there Mr. Speaker, it is quite fitting that Section 3(e) of the Fair Labor Standards objection to the request of the gen- the House of Representatives, the Peo- Act of 1938 (29 U.S.C. 203(e)) is amended by tleman from Indiana? ple’s House as it is known, takes note adding at the end the following: Ms. CHRISTIAN-GREEN. Mr. Speak- of this important event in our history, ‘‘(5) The term ‘employee’ does not include er, reserving the right to object, and I because, in doing so, we are reminded individuals who volunteer their services will not object, but I would like to ex- of the unwavering commitment of all solely for humanitarian purposes to private plain the resolution. Americans for freedom and for human non-profit food banks and who receive from Mr. Speaker, I rise to speak in sup- the food banks groceries.’’. and civil rights. port of House Resolution 495 which I In closing, Mr. Speaker, I want to AMENDMENT IN THE NATURE OF A SUBSTITUTE have introduced along with my col- OFFERED BY MR. BALLENGER thank all of my colleagues for their leagues from both sides of the aisle to help and support on this resolution, Mr. BALLENGER. Mr. Speaker, I have the House of Representatives take offer an amendment in the nature of a particularly again the gentleman from note of the emancipation of enslaved Missouri (Mr. GEPHARDT), the minority substitute. Africans in the Virgin Islands 150 years The Clerk read as follows: leader, and his staff. I also want once ago. again to thank the gentleman from Il- Amendment in the nature of a substitute On behalf of my constituents, the linois (Chairman HYDE) and his staff offered by Mr. BALLENGER: people of the Virgin Islands, I want to and the gentleman from Michigan (Mr. Strike all after the enacting clause and in- thank you, Mr. Speaker, and the gen- sert the following: CONYERS), the ranking Democrat, with- tleman from Texas (Mr. ARMEY), the SECTION 1. SHORT TITLE. out whose help tonight would not have Majority Leader, for your kindness and been possible. This Act may be cited as the ‘‘Amy Somers generosity in allowing House Resolu- Volunteers at Food Banks Act’’. Mr. CONYERS. Mr. Speaker, will the tion 495 to come to the floor today. gentlewoman yield? SEC. 2. FAIR LABOR STANDARDS ACT OF 1938. I also want to express my sincerest Section 3(e) of the Fair Labor Standards Ms. CHRISTIAN-GREEN. I yield to Act of 1938 (29 U.S.C. 203(e)) is amended by gratitude and appreciation and that of the gentleman from Michigan. adding at the end the following: my constituents as well to the chair- (Mr. CONYERS asked and was given ‘‘(5) The term ‘employee’ does not include man of the Committee on the Judici- permission to revise and extend his re- individuals who volunteer their services ary, the gentleman from Illinois (Mr. marks.) solely for humanitarian purposes to private HYDE), for his support of my efforts Mr. CONYERS. Mr. Speaker, I thank non-profit food banks and who receive from with respect to this resolution before the gentlewoman for yielding. the food banks groceries.’’. us. I can truly say that without Chair- Mr. Speaker, this is an important Mr. BALLENGER (during the read- man HYDE’s unwavering support for 150th anniversary. It is significant. I ing). Mr. Speaker, I ask unanimous House Resolution 495, it would not be cannot remember in my career that we consent that the amendment be consid- on the floor today. have ever celebrated the emancipation ered as read and printed in the RECORD. I also want to thank our minority of slavery in the Virgin Islands. The SPEAKER pro tempore. Is there leader, the gentleman from Missouri I commend the gentlewoman for her objection to the request of the gen- (Mr. GEPHARDT), and my friend, the conviction, ability, intelligence and tleman from North Carolina? ranking Democrat on the Committee beauty. There was no objection. on the Judiciary, the gentleman from Mr. Speaker, I applaud Congresswoman The SPEAKER pro tempore. The Michigan (Mr. CONYERS), for their sup- DONNA CHRISTIAN-GREEN for introducing this question is on the amendment in the port and invaluable assistance as well. legislation that recognizes the 150th anniver- nature of a substitute offered by the Mr. Speaker, the 3rd of July is cele- sary of the emancipation of African slaves in gentleman from North Carolina (Mr. brated in the Virgin Islands as Emanci- what is now the United States Virgin Islands. BALLENGER). pation Day. It is a day when we recog- On July 3rd 1848 thousands of slaves on The amendment in the nature of a nize and remember one of the most im- the island of St. Croix marched into the town substitute was agreed to. portant and significant events in our of Frederiksted under the leadership of Moses The bill was ordered to be engrossed history, the emancipation from slavery Gottlieb and staged a demonstration demand- and read a third time, was read the in the territory. ing their freedom and threatened to destroy third time, and passed, and a motion to There are few moments in our his- the island by fire unless their freedom was reconsider was laid on the table. tory as dramatic and inspiring as those granted by 4 p.m. that afternoon. f that took place in the town of When reports of the insurrection reached Frederiksted in St. Croix on July 2nd the Danish Governor of the VI Peter von GENERAL LEAVE and 3rd in 1848. It is a story of courage Scholten, 15 miles away in the town of Chris- Mr. BALLENGER. Mr. Speaker, I ask and determination by the people of the tiansted, he journeyed to Frederiksted where unanimous consent that all Members then Danish West Indies, who risked he issued the Emancipation Proclamation. may have 5 legislative days within death in order to live as free men and It is important for us to commemorate the which to revise and extend their re- women. historic significance of this 150th anniversary marks and include extraneous material We are told that at the sound of the and the significant contributions that the de- on H.R. 3152. ‘‘conchshell,’’ slaves from across the is- scendants of those who were freed have H5388 CONGRESSIONAL RECORD — HOUSE June 25, 1998 made to the United States as citizens since MESSAGE FROM THE PRESIDENT gram that has been successfully imple- 1917. A message in writing from the Presi- mented in several cities across Amer- More importantly, however, we as a nation dent of the United States was commu- ica. The program, which was the topic must recognize the emancipation of African nicated to the House by Mr. Sherman of a June 18 article in the Washington slaves as part of the process of extending civil Williams, one of his secretaries. Post, is known in Virginia as Project rights to all individuals in the United States. f Exile. Project Exile includes a program Unfortunatley, the struggle for equality for all that imposes automatic five year sen- DESIGNATION OF THE HONORABLE Americans still continues. Discrimination is still tences on felons caught carrying guns. CONSTANCE A. MORELLA TO ACT rampant in housing, education, employment, The program is being credited by AS SPEAKER PRO TEMPORE TO the environment and in many other areas in Richmond police with helping to dra- SIGN ENROLLED BILLS AND society. matically cut the city’s homicide and JOINT RESOLUTIONS THROUGH armed robbery rates. The idea behind Despite the uphill battle that we appear to JULY 14, 1998 the program is simple: To get guns out be facing at times, we must maintain our un- of the hands of those who are caring wavering commitment to preserve, protect, The SPEAKER pro tempore laid be- them illegally, felons who are most and defend human rights and freedom. fore the House the following commu- likely to use the weapons in the com- Ms. CHRISTIAN-GREEN. Mr. Speak- nication from the Speaker: WASHINGTON, DC, mission of a crime. er, reclaiming my time, I thank the Mr. Speaker, I include the Washing- gentleman for those kind remarks. June 25, 1998. I hereby designate the Honorable ton Post article for the RECORD. Mr. Speaker, as my constituents and CONTANCE A. MORELLA to act as Speaker pro [From the Washington Post, June 18, 1998] I prepare to celebrate the 150th anni- tempore to sign enrolled bills and joint reso- RICHMOND GUN PROJECT PRAISED versary of our emancipation, we hope lutions through July 14, 1998. (By R.H. Melton) NEWT GINGRICH, it will serve as a reminder and a reaf- RICHMOND—A program that imposes auto- Speaker of the House of Representatives. firmation, to all of us, of the ideals of matic five-year sentences on felons caught freedom and equality that this country The SPEAKER pro tempore. Without carrying guns is being credited by Richmond was founded on. objection, the designation is agreed to. police with helping to cut dramatically the Mr. Speaker, I withdraw my reserva- There was no objection. city’s homicide and armed robbery rates. tion of objection. f The program, under which authorities gen- erally prosecute gun cases as federal The SPEAKER pro tempore. Is there REPORT OF NATIONAL SCIENCE crimes—ensuring stiffer bond rules and objection to the request of the gen- BOARD—MESSAGE FROM THE tougher sentences—is known as Project tleman from Indiana? PRESIDENT OF THE UNITED Exile and has received high marks from two There was no objection. STATES unlikely allies: Handgun Control Inc. and the National Rifle Association. The Clerk read the resolution, as fol- The SPEAKER pro tempore laid be- The federal prosecutor’s office here is one lows: fore the House the following message of only a handful in the nation—Boston and H. RES. 495 from the President of the United Philadelphia are two others—to launch an Whereas, prior to July 3, 1848, many Afri- States; which was read and, without experimental attack on gun crimes. The idea cans were held as slaves on the islands of the objection, referred to the Committee behind the program, authorities say, is to get guns out of the hands of those who are Danish West Indies, now the United States on Science. Virgin Islands; carrying them illegally, people who are most Whereas, on July 3, under the leadership of To the Congress of the United States: likely to use the weapons in other crimes. In Richmond, which in recent years has Moses ‘‘General Budhoe’’ Gottlieb, the Afri- As required by 42 U.S.C. 1863(j)(1), I had one of the nation’s highest homicide can slaves on the Island of St. Croix re- am pleased to submit to the Congress a rates, authorities credit Project Exile with sponded to the signal of the blowing of conch report of the National Science Board helping to reduce gun-related homicides dra- shells by leaving their plantations to con- entitled Science and Engineering Indica- matically. Police say there were 140 gun-re- verge on Fort Frederick in the town of tors—1998. This report represents the lated homicides last year; so far this year Frederiksted; thirteenth in a series examining key there have been 34. Gun-related armed rob- Whereas in Frederiksted the African slaves aspects of the status of American beries, meanwhile, are down by a third. demanded their freedom and threatened to science and engineering in a global en- On a morning talk show Sunday, NRA destroy the island by fire unless it was President Charlton Heston told a national granted by 4 o’clock that afternoon; vironment. television audience that ‘‘in less than a year, Whereas, confronted by reports of arson Investments in science and engineer- they reduced deaths, murders, in the city of and insurrection, the Danish governor, Peter ing research and education have en- Richmond by half’’ through the Exile von Scholten, met the African slaves in joyed bipartisan support. They are crit- project. Frederiksted and declared that ‘‘all unfree in ical to America’s ability to maintain Handgun Control Chairman Sarah Brady, the Danish West Indies are from today free’’; world leadership and fulfill our poten- in a letter to the U.S. attorney here, said: Whereas the heroes of this rebellion paid a tial as a Nation as we begin the transi- ‘‘Your work is succeeding in getting guns high price, General Budhoe being sent into tion into the 21st century. out of the hands of criminals . . . The re- exile, and Governor von Scholten being con- sults in Richmond are impressive. victed in Denmark of dereliction of duty and This report provides a broad base of quantitative information about U.S. Cynthia L. Price, a Richmond police of exceeding his authority; spokeswoman, said Exile has had a profound Whereas the American people declared science, engineering, and technology in effect on the number of violent crimes and their independence from the British on July an international context. I commend the nature of those offenses, leading to far 4, 1776; and Science and Engineering Indicators—1998 fewer instances in which guns are drawn in Whereas the courage of these heroes serves to the attention of the Congress and anger. to connect Virgin Islanders and all Ameri- those in the scientific and technology ‘‘It’s a great program,’’ Price said. cans to their past and to reinforce their un- communities. It will assist us in better So how did Exile help cut homicides and wavering commitment to preserve, protect, understanding the new developments armed robberies? A cadre of aggressive fed- and defend freedom: Now, therefore, be it eral prosecutors, including a lead attorney Resolved, That the House of Representa- and trends in what is rapidly becoming who earned his spurs hounding Mafia dons in tives urges— a global knowledge-based economy. New York City, determined that Richmond’s (1) the American people to recognize the WILLIAM J. CLINTON. number one crime problem was similar to historical significance of the emancipation THE WHITE HOUSE, June 25, 1998. that plaguing Washington: street-level vio- of African slaves in what is now the United f lence fueled largely by an evidently insatia- States Virgin Islands; and ble appetite for weaponry. (2) Virgin Islanders and all Americans to PROJECT EXILE They then brought to bear on city gun maintain their unwavering commitment to (Mr. GOODE asked and was given cases the full force of the federal govern- preserve, protect, and defend human rights permission to address the House for 1 ment, using statutes dating from the late and freedom. 1960s to seek mandatory minimum prison minute and to revise and extend his re- sentences of five years for gun-related The resolution was agreed to. marks.) crimes. That expedited many of the gun A motion to reconsider was laid on Mr. GOODE. Mr. Speaker, I rise cases, ensuring stiffer penalties and, in many the table. today to talk about an anti-crime pro- cases, eliminating parole. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5389 In some instances, steering a local crimi- AUTHORIZING THE SPEAKER, MA- Congress adopts the legislation that I nal into the federal system was as simple as JORITY LEADER AND MINORITY have introduced along with the gentle- a Richmond police officer paging the federal LEADER TO ACCEPT RESIGNA- woman from North Carolina (Mrs. Bureau of Alcohol, Tobacco and Firearms to TIONS AND MAKE APPOINT- MYRICK), who joins me here tonight, double-check for federal gun violations, such as the obliteration of serial numbers on MENTS NOTWITHSTANDING AD- H.R. 3682, the Child Custody Protection weapons, use of a gun while possessing a con- JOURNMENT Act. This bill would make it a Federal trolled substance or possession of guns buy Mrs. MYRICK. Mr. Speaker, I ask misdemeanor for an adult to knowingly fugitives. unanimous consent that notwithstand- transport a minor across State lines in Several federal judges here have com- order to evade a State’s parental noti- plained that their caseloads now seem to re- ing any adjournment of the House until Tuesday, July 14, 1998, the Speaker, fication or consent laws on abortion. semble reruns of the ‘‘Night Court’’ tele- This legislation already has 135 cospon- vision show, but city officials and commu- majority leader and minority leader be nity leaders delight in the lower homicide authorized to accept resignations and sors, and this number is rising, because rate. to make appointments authorized by it is a common sense idea, protecting n the year that ended last week, 363 guns law or by the House. parental rights from being stripped were seized, 191 of 251 of those arrested on The SPEAKER pro tempore. Is there away by a complete stranger. gun violations were convicted, and 137 of objection to the request of the gentle- Many of our Nation’s schools, for ex- those were sentenced to an average of 56 ample, prohibit giving an aspirin to months in jail. woman from North Carolina? There was no objection. children without parental notification. James B. Comey, the executive assistance Yet we have a situation where a com- U.S. attorney who helped craft the Exile pro- f gram, said the numbers in part reflect the plete stranger can take a young girl unusually large number of people who were DISPENSING WITH CALENDAR away from her parents to obtain an carrying guns in Richmond. WEDNESDAY BUSINESS ON abortion and suffer no consequences, ‘‘Richmond is a weird place,’’ he said. ‘‘The WEDNESDAY, JULY 15, 1998 despite this young lady having been world is flooded with guns here.’’ subjected to a life-threatening proce- Comey, a tall, boyish prosecutor who spins Mrs. MYRICK. Mr. Speaker, I ask unanimous consent that the business dure. hair-raising tales about his Mafia wire- President Clinton this week said par- tapping days in New York, said the gun in order under the Calendar Wednesday ‘‘carry’’ rate—the number of times police rule be dispensed with on Wednesday, ents should know when their children confiscate a gun when arresting suspects— July 15, 1998. are being encouraged to smoke by to- has dropped from 135 a month to 67. The SPEAKER pro tempore. Is there bacco companies. Well, this same prin- ‘‘It’s an amazingly high carry rate,’’ he objection to the request of the gentle- ciple, the parents right to know, should said. ‘‘I’ve never seen a place like ’Rich- apply also to a young girl obtaining an mond. Dealers in cities like Chicago, New woman from North Carolina? There was no objection. abortion. York or Cleveland have access to guns, but In July, just in a few weeks, we will they’re not standing on a street corner with f have the opportunity here in the full a gun!’’ Of Project Exile, he added: ‘‘It’s a cultural SPECIAL ORDERS House of Representatives to secure the parents right to know, to know when war. It’s totally apolitical. It’s about locking The SPEAKER pro tempore. Under our daughters are being taken advan- up criminals with guns.’’ the Speaker’s announced policy of Jan- Gun violence has long plagued Richmond, tage of by a stranger without our con- uary 7, 1997, and under a previous order sending its homicide rate higher than the sent and without our notification. H.R. of the House, the following Members District’s several years this decade. In the 3682 is that opportunity, Mr. Speaker, will be recognized for 5 minutes each. fall of 1994, for instance, Richmond passed its and I hope that all of our colleagues, previous homicide record, outpacing every f city in the country except New Orleans. Republicans and Democrats, conserv- S. David Schiller, the senior litigation CHILD CUSTODY PROTECTION ACT atives and liberals, will join in protect- counsel in the U.S. attorney’s office, said po- ing parental rights from being stripped The SPEAKER pro tempore. Under a lice have passed out 17,000 hand bills detail- away by a stranger. ing the program. There are Exile billboards, previous order of the House, the gentle- We urge our colleagues to support television spots and even a giant black city woman from Florida (Ms. ROS- H.R. 3682, the Child Custody Protection bus that runs through the city with a mes- LEHTINEN) is recognized for 5 minutes. Act. sage in stark white paint: ‘‘An illegal gun Ms. ROS-LEHTINEN. Mr. Speaker, f gets you five years in federal prison.’’ the House will soon have the oppor- A coalition of civic and merchant groups tunity to vote on legislation that will SUPREME COURT UPHOLDS SANC- has raised $40,000 and pledged an additional help secure the rights of parents to TITY OF ATTORNEY-CLIENT $60,000 to fund the marketing efforts. Though the Exile prosecutions have not counsel our children during a situation PRIVILEGE been glamorous—‘‘These cases are not sexy: of great confusion that could lead to The SPEAKER pro tempore. Under a These are mutts with guns,’’ said Schiller— grave consequences, that of obtaining previous order of the House, the gen- they are getting notice in other urban cen- an abortion. tleman from Michigan (Mr. CONYERS) is ters. Seventeen cities nationwide, including Almost half the States in the Amer- recognized for 5 minutes. the District and Baltimore, are now partici- ican union have passed laws that re- Mr. CONYERS. Mr. Speaker, in the pating in a federal pilot program to trace il- quire the consent or notification of one legal guns, and there has been talk of ex- continuing saga of the legal education tending Exile elsewhere. or both parents before a minor girl can of Kenneth W. Starr, the Supreme ‘‘Richmond has one of the most involved obtain an abortion. These laws are de- Court upholds the sanctity of the at- programs in the country,’’ said Joe Sudbay, signed to assure that a mother, father torney-client relationship. In a vote of a spokesman for Handgun Control in Wash- or legal guardian can provide counsel six to three today, they upheld this re- ington. ‘‘It’s a great combining of resources and comfort to an innocent and naive lationship by ruling that communica- to combat violence.’’ young girl before making a decision NRA Executive Director Wayne R. tions between a client and his or her that brings with it mental and physical lawyer remain privileged, even after LaPierre said that Exile ‘‘ought to be in ramifications. every major city in the country where the client’s death. Unfortunately, unscrupulous abor- there’s a major crime problem.’’ b 1815 ‘‘The dirty little secret is that there is no tionists, while practicing in a State enforcement of federal gun laws,’’ LaPierre without parental notification laws, Today’s decision rejected efforts by said. ‘‘What Exile’s doing—which I think is loudly advertise in another State the Independent Counsel, Kenneth great—is for the first time in a major Amer- which does have consent laws, that Starr, to obtain three pages of hand- ican city, if a criminal picks up a gun, he’ll their abortion mill lacks such notifica- written notes taken by the attorney for do major time. It’s a message the NRA tion requirements. Minor girls are then former deputy White House counsel cheers, a message police cheer.’’ ‘‘That’s the magic of what they’re doing in taken by a stranger, oftentimes, to ob- Vincent Foster. The notes were taken Richmond. The word is out on the streets of tain this dangerous procedure. during a meeting between Mr. Foster Richmond that the U.S. attorney is dead se- This, Mr. Speaker, is an outrage that and his lawyer just 9 days before Mr. rious about stopping gun violence.’’ must be stopped, and can be stopped, if Foster tragically took his own life. H5390 CONGRESSIONAL RECORD — HOUSE June 25, 1998 Mr. Starr had asked the court to rule a client is sacred, and that prosecutors State lines to get abortions in States that anything a client says to his or themselves are sometimes guilty of ex- without parental notification laws. So- her lawyer should be available to a cesses. called men in their twenties and thir- prosecutor after the client dies. He also f ties coerce teenage girls to have abor- asked the court to believe that only tions out of State and without their TRANSFER OF SPECIAL ORDER clients who intended to perjure them- parents’ knowledge. TIME selves would be stopped from talking to The Child Custody Protection Act their lawyers if they knew that their Mrs. MYRICK. Mr. Speaker, I ask would put a stop to this abuse. If conversations might become public unanimous consent to claim the time passed, the law would make it a crime after their death. of the gentleman from Minnesota (Mr. to transport a minor across State lines The Supreme Court, in an opinion GUTKNECHT). to avoid laws that require parental written by Chief Justice Rehnquist, The SPEAKER pro tempore (Mr. consent or notification before an abor- wrote that PEASE). Is there objection to the re- tion. The attorney-client privilege is one of the quest of the gentlewoman from North Let us do something to help thou- oldest recognized privileges for confidential Carolina? sands of children in this country. Let communications. It is intended to encourage There was no objection. us pass the Child Custody Protection full and frank communication between at- f Act, and put an end to the absurd no- torneys and their clients, and thereby pro- LET US PASS THE CHILD CUSTODY tion that there is some sort of con- mote broader public interests in the observ- stitutional right for an adult stranger ance of law and the administration of jus- PROTECTION ACT to secretly take someone else’s teenage tice. The SPEAKER pro tempore. Under a He added that ‘‘It has been generally, child into a different State for an abor- previous order of the House, the gentle- if not universally, accepted, for well tion. woman from North Carolina (Mrs. over a century, that the attorney-cli- f MYRICK) is recognized for 5 minutes. ent privilege survives the death of the Mrs. MYRICK. Mr. Speaker, I rise A TRIBUTE TO JERRY GRANT client in a case such as this.’’ In light today in support of the Child Custody of this settled law, the Chief Justice The SPEAKER pro tempore. Under a Protection Act. This bill is very impor- said that ‘‘The burden is on the Inde- previous order of the House, the gen- tant to any parent who has a teenage pendent Counsel to show that ‘reason tleman from Maryland (Mr. HOYER) is daughter, and I look forward to a vote and experience’ require a departure recognized for 5 minutes. on the bill shortly after the July 4 re- Mr. HOYER. Mr. Speaker, I rise from this rule,’’ and the court con- cess. today to recognize a truly unique indi- cluded that Mr. Starr could not meet Members may already know that peo- vidual who has served our country, my that standard. ple of several States have recently de- Rejecting Mr. Starr’s view that only great State of Maryland, and the Con- cided that a parent should know before guilty people will invoke the privilege, gress of the United States for over four their child has an abortion. We all hope the Chief Justice made the common- decades. Mr. Jerry Grant is one of the that our teenage daughters have the sense observation that people go to see finest examples of people dedicated to wisdom to avoid pregnancies, but if attorneys about a wide range of mat- standing up for what is right and fight- they make a mistake, a parent is best ters that might prove embarrassing if ing, both in the forefront and behind able to provide advice and counseling. made public after they die. For exam- the scenes, to make our country a bet- Also, more than anyone else, a parent ple, people routinely meet with lawyers ter place for all our citizens. knows their child’s medical history. to talk about family or money prob- Jerry turned 60 years old on July 1, For these reasons, my home State of lems, and who would ever want these and I would like to be one of the many North Carolina requires a parent to kinds of things made public? Think of to wish him a very happy birthday. know before their child checks into an Mr. Speaker, I first met Jerry when the possible embarrassment to a per- abortion clinic, as does the State of both of us were attending a national son’s family or the potential damage to Pennsylvania. Young Democrats convention, he as that person’s reputation, even after his Earlier, though, this month the Sen- the president of the Young Democrats or her death. ate Committee on the Judiciary heard The Chief Justice wrote that, of Colorado, and I as the president of chilling testimony about how law- the Young Democrats of Maryland. There are weighty reasons that counsel in breaking citizens risk children’s lives favor of posthumous application. Knowing Even at that young age, Jerry made an that communications will remain confiden- by taking them from their parents for indelible impression, with his uncanny tial even after death encourages the client to out-of-State abortions. Before the Sen- ability to persuade people to listen to communicate fully and frankly with counsel. ate Committee on the Judiciary, Joyce his point of view and come onto his While the fear of disclosure, and the con- Farley, a mother from Pennsylvania, side of an issue. The good thing about sequent withholding of information from told the tragic story of her 13-year-old Jerry Grant is that he uses this talent counsel, may be reduced if disclosure is lim- daughter. in a positive manner, to influence opin- ited to posthumous disclosure in a criminal Three years ago this summer, a ion to the good of politics and the peo- context, it seems unreasonable to assume stranger took Ms. Farley’s young child that it vanishes altogether. Clients may be ple involved. concerned about reputation, civil liability, out of school, provided her with alco- By 1972, Jerry was serving as a coun- or possible harm to friends or family. Post- hol, transported her out of State to ty commissioner of Adams County, humous disclosure of such communications have an abortion, falsified the medical Colorado. I am not sure whether this may be as feared as disclosure during the cli- records at the abortion clinic, and stint as a public official made him ent’s lifetime. abandoned her in a town 30 miles away, more sympathetic or critical of elected During his 4-year, $40 million inves- frightened and bleeding. Why? Because officials, but since then Jerry has tigation, Mr. Starr made it seem that this stranger’s adult son had raped served in a variety of non-elected posi- anyone who asserts a privilege when he Joyce Farley’s teenage daughter, and tions, quietly and effectively making a demands information is somehow try- she was desperate to cover up her son’s difference in people’s lives. ing to obstruct justice. Without ques- tracks. Jerry served for 10 years as Chief of tion, it is important for a prosecutor to Even worse, this all may have been Staff to U.S. Senator Jim Sasser of uncover facts necessary to decide legal. It is perfectly legal to avoid pa- Tennessee, earning the respect of fel- whether a crime has been committed, rental abortion consent and notifica- low staff and Members of the Senate but we expect the basic principles of tion laws by driving children to an- alike. Jerry was the guy who knew all law and civility will be followed during other State. It is wrong, and it has to of the ins and outs of an issue, and the criminal investigations. be stopped. person who people turned to when they The decision today by the United According to the Reproductive Law were not exactly sure just where to be States Supreme Court reaffirms what and Policy Center, a pro-choice group in a controversy. most of us already knew, which is that in New York, thousands of adults After promising himself and his fam- the relationship between a lawyer and across the country carry children over ily a quieter life outside the beltway, June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5391 Jerry was coaxed back into the politi- Kosovan refugees who have fled the sponds to force, then perhaps we have cal fray by a young Maryland basket- country in recent weeks to escape from reached a point where force is nec- ball star and Rhodes scholar, our the latest round of ethnic cleansing essary. former colleague, Tom McMillan. It taking place in this troubled region. f was Jerry’s strategy and guidance I visited the region with my col- GUAM CENTENNIAL RESOLUTION which helped Congressman McMillan leagues, the gentleman from New York win his first election to Congress in (Mr. ELLIOTT ENGEL) and the gen- The SPEAKER pro tempore (Mr. 1986. Jerry later served as Tom McMil- tleman from Virginia (Mr. JIM MORAN) PEASE). Under a previous order of the lan’s Chief of Staff. just prior to the latest offensive House, the gentleman from Guam (Mr. Jerry Grant played an important role launched by Serbian strongman UNDERWOOD) is recognized for 5 min- in the 1992 presidential election, help- Slobodan Milosevic. What we saw there utes. ing Maryland garner the highest per- was a mixture of fear and apprehension Mr. UNDERWOOD. Mr. Speaker, yes- centage of votes in that election for over the possibility that the violence terday I introduced the Guam Centen- the Clinton-Gore ticket. Mr. Speaker, would escalate, a fear which has, sadly, nial Resolution, which commemorates many elected officials owe a large come to pass. the 100-year-old relationship between The ethnic Albanian population in measure of their success to Jerry Guam and the United States. My col- Kosova elected Dr. Abraham Rugova as Grant. He has worked with such leaders leagues have heard me speak many the President of the Republic of as Jimmy Carter, Walter Mondale, Roy times before about the importance of Kosova. Despite the fact that Belgrade Roemer, Hubert Humphrey, and Henry this centennial for the people of Guam. refused to recognize the legitimacy of It is a time to commemorate, to edu- ‘‘Scoop’’ Jackson. the election, despite the violence that On the local level, literally scores of cate, and to reflect upon what 100 years was already taking place at the time, of American rule has brought to our is- elected officials in Maryland can credit and despite the fact that the Kosovan their electoral wins to Jerry’s counsel, land. The Guam Centennial Resolution people went to the polls on an election incorporates these functions within a advice, and maybe even sometimes a day at their own personal peril from few of his jokes. six-page document. possible retribution from Serbian po- To commemorate means to honor or Mr. Speaker, I congratulate Jerry on lice and military forces, I saw a genu- to observe. As the people of Guam com- his 60th birthday, and send my best ine sense of hope among the ethnic Al- memorate 100 years under American wishes to my good friend, his lovely banians that we were able to meet. wife, Sue, and their entire family. Of course, that hope was shattered by rule, we are not only observing Ameri- Mr. Speaker, Jerry Grant has been artillery and mortar rounds as ca’s official claim on Guam, we are fighting cancer for a number of years Milosevic launched his latest and most also honoring the men and women who with the same kind of courage and in- deadly campaign against the Kosovan have come before us, those who were tegrity that he has lived his life. people, a campaign which has left hun- instrumental in laying the groundwork Throughout his life Jerry Grant has en- dreds dead and many thousands more for Guam’s economic, political, and so- riched his country and his community. homeless. I suppose, Mr. Speaker, that cial well-being. We honor such individ- I know that all of my colleagues join this should not surprise any of us. uals as B.J. Bordallo, Aguenda John- me in wishing him well, and a very After all, dictators care very little for ston and Antonio Won Pat. happy birthday, indeed. the will of the people, for human As for commemorating our economic The SPEAKER pro tempore. Under a rights, and for the rule of international and social experiences over these past previous order of the House, the gentle- law. 100 years, the people of Guam experi- woman from the District of Columbia Milosevic now has an estimated 50,000 ence conflicted emotions when recall- (Ms. NORTON) is recognized for 5 min- troops and special police in Kosova, ing the end of the Spanish-American utes. backed by tanks and armored vehicles, War and the beginning of America’s co- (Ms. NORTON. addressed the House. artillery, helicopter gunships, and air- lonial reach into the Pacific. For al- Her remarks will appear hereafter in craft to support his campaign of geno- though we enjoy many of the benefits the Extensions of Remarks.) cide. No, Mr. Speaker, Mr. Milosevic of being an American territory, there f cares very little about the con- are issues such as our political status sequences of his actions in Kosova, or which have yet to be resolved, despite The SPEAKER pro tempore. Under a for the outrage expressed by world a solemn commitment made years ago previous order of the House, the gen- leaders. by the Federal Government. tleman from Pennsylvania (Mr. PITTS) Mr. Speaker, Mr. Milosevic no longer I remind the House that the Treaty is recognized for 5 minutes. responds to words and condemnation. of Paris, which ended the Spanish- (Mr. PITTS. addressed the House. His What will get his attention? What will American War, and which the United remarks will appear hereafter in the end the killing? What will end scenes States was obligated to resolve the po- Extensions of Remarks.) such as this, of terrified refugees flee- litical and civil rights for the native f ing with whatever belongings they inhabitants of Guam. The SPEAKER pro tempore. Under a could grab and carry, these poor people The commemoration of Guam’s cen- previous order of the House, the gen- streaming out of the mountains, leav- tennial anniversary invites us to re- tleman from New York (Mr. HINCHEY) ing their homes, leaving their family flect about the meaning of these events is recognized for 5 minutes. farms, trying to flee the violence? which occurred then; and contemplat- (Mr. HINCHEY. addressed the House. What will end scenes such as this? ing what Guam has undergone these His remarks will appear hereafter in What may finally bring peace and sta- past 100 years helps us forge ahead with the Extensions of Remarks.) bility to this troubled region? That is effective policies for the next 100 years. the very real threat of military action f Commemoration and reflection are by NATO. linked to a third element which is edu- Mr. Milosevic does not understand THE SITUATION IN KOSOVA cation. Events and activities used to reason, but he does understand force. The SPEAKER pro tempore. Under a commemorate and reflect on this cen- When he realizes that his own forces previous order of the House, the gentle- tennial are essentially educational in may be in jeopardy if he fails to pull woman from New York (Mrs. KELLY) is them out of Kosova, then and only then nature. recognized for 5 minutes. Considering the mixed feelings asso- will he cease fire and pull back. Then Mrs. KELLY. Mr. Speaker, the kill- and only then will we have any real ciated with 1998, Guam’s history ing in Kosova continues, and as is al- chance at negotiating a lasting peace emerges as an important tool in under- ways the case in war, it is the innocent that recognizes the rights of all standing the previous 100 years. In 1898, civilians who suffer the most. This pic- Kosovans. after the U.S. defeated Spain in the ture of refugees fleeing Kosova, right Spanish-American War, Guam, along here, through the mountainous region b 1830 with the Philippines and Puerto Rico, on the border with Albania illustrates It is time that NATO take the gloves were ceded to the United States for a only a few of the many thousands of off, Mr. Speaker. If Milosevic only re- sum of $20 million. H5392 CONGRESSIONAL RECORD — HOUSE June 25, 1998

Guam was governed by the American FIFTIETH ANNIVERSARY OF THE tleman from Tennessee (Mr. DUNCAN) is Department of the Navy and defined as BERLIN AIRLIFT recognized for 5 minutes. an unincorporated territory, meaning The SPEAKER pro tempore. Under a Mr. DUNCAN. Mr. Speaker, I rise to- it is not part of the United States, but previous order of the House, the gen- night to pay tribute to two close is owned by the United States. tleman from Florida (Mr. BILIRAKIS) is friends of mine, one here in the Con- After hardships endured during World recognized for 5 minutes. gress and one in my hometown of War I and World War II, Guam re- Mr. BILIRAKIS. Mr. Speaker, I rise Knoxville. mained under American rule, and in today to commemorate the 50th anni- The first is the gentleman from Ohio 1950, the people of Guam were finally versary of the Berlin Airlift, one of the (Mr. TRAFICANT), one of the most popu- declared American citizens. most defining events in world history. lar Members of this body on both sides Mr. Speaker, I have briefly glossed Tomorrow marks the 50th anniver- of the aisle. I pay tribute to the gen- over almost 100 years of Guam’s his- sary of the first American flight carry- tleman from Ohio tonight because of tory. Yet even from what I have men- ing food and supplies to the communist the bill that we just passed to reform tioned, it is sometimes difficult to dis- encircled City of Berlin. Two days ear- the IRS. cern why there should be a certain am- lier, the Soviet Union announced its in- Newsweek Magazine recently had a bivalence about American rule. For one tention to completely prohibit trans- cover story about the IRS, and on its thing, I did not mention that Congress, portation in and out of the western sec- front cover Newsweek described the this body and the Senate, are obligated tors of Berlin. IRS as ‘‘lawless, abusive, and out of to determine the political status of Throughout the course of the mis- control.’’ But for many years, and Guam’s native inhabitants. However, sion, approximately 600 flights a day probably longer than anyone else pres- even after 100 years, this issue still has brought provisions to a city isolated ently in the Congress, the gentleman not been resolved. from the world by the Soviet military. from Ohio (Mr. TRAFICANT) has been The Guam Centennial Resolution is a By its conclusion, more than a year speaking out against IRS abuse of ordi- form of commemoration, reflection and later, 2.3 million tons of food and coal nary citizens. education. It commemorates the coura- for fuel had been delivered to Berlin. In addition, it was the gentleman geous story of a proud people from the ‘‘Operation Vittles,’’ as it was called, from Ohio who originally authored the pre-European contact period to our ex- consisted of nearly 278,000 flights by legislation to place the burden of proof istence under the American flag today. American, British, and French aircraft. in tax cases on the IRS rather than on It reflects on Guam’s path to resolving The Soviets eventually submitted to the taxpayer. In other words, thanks its political status and calls on the American determination and reopened primarily to the gentleman from Ohio, House of Representatives to affirm its ground routes into Berlin. a taxpayer will not now be subjected to commitment for increased self-govern- The historical significance of the air- the very un-American injustice of ment for the people of Guam. It edu- lift is that it signaled the United being presumed guilty unless or until cates by detailing Guam’s political his- States’ resolve to reject communist op- he proves himself innocent. tory and our continued quest for in- pression. In addition, the Berlin Airlift Many people seem to be taking credit creased self-determination. sent a clear message to the world that for this provision now, but I think the Mr. Speaker, I thank the Republican the United States would not abandon primary credit should go to our friend: and Democratic leadership, both an ally in its time of need. JIM TRAFICANT. Speaker GINGRICH and the gentleman As we commemorate the 50th anni- Mr. Speaker, I think that about 85 to from Missouri (Mr. GEPHARDT), as well versary of the Berlin Airlift, we are re- 90 percent of the American people want as the leaders of the Committee on Re- minded that as Americans we must us to drastically simplify our tax laws. sources, the gentleman from Alaska stand up for democracy when it is chal- Mr. Speaker, we certainly should, but I (Chairman YOUNG) and the gentleman lenged. doubt that we will any time in the near from California (Mr. MILLER), as well Time and time again, history has future. But at least we have passed this as over 50 of my colleagues who have taught us that we defend freedom when IRS reform today and the gentleman agreed to be cosponsors of the Guam it is threatened. However, our respon- from Ohio deserves the most credit for Centennial Resolution. Such strong sibility carries with it a tremendous the most significant part of it, and I support for this resolution dem- price, both in monetary terms and in salute the gentleman for this great ac- onstrates this chamber’s ongoing com- human life. The Berlin Airlift costs an complishment. mitment to the people of Guam. estimated $200 million, and even more IN TRIBUTE TO BILL HANKS I realize that it is difficult at times important, it took the lives of 79 indi- Mr. Speaker, next I would like to say to understand the aspirations of a peo- viduals, including 31 American service- a few words about a close friend of ple located 9,500 miles from Washing- men. mine from home, Bill Hanks, who re- ton, D.C., a people whose closest neigh- Although the airlift occurred be- cently retired after a long and success- bors are Asian and Pacific Nations. tween 1948 and 1949, its legacy lives ful business career. However, the introduction of the Guam today in the hearts of people around William Franklin Hanks, Jr., was Centennial Resolution is yet another the world. The courage displayed by its born in Raleigh, North Carolina, Octo- step in increasing this body’s and this participants still serves as a shining ber 15, 1934. He grew up in Charlotte, Nation’s understanding of Guam and example of freedom’s triumph over tyr- North Carolina, where his parents, its unique role in the American family. anny. Our refusal to submit to Soviet Sally and ‘‘Tubby’’ Hanks moved when Mr. Speaker, I also want to recognize aggression 50 years ago led the ground- he was a year old. Senator AKAKA of the other body who work for lifting the Iron Curtain of Bill graduated from Furman Univer- has introduced a companion resolution communist oppression and tearing sity in Greenville, South Carolina, in in that other body. down the Berlin Wall. 1957, where he played varsity basket- Mr. Speaker, I beg my colleagues in Mr. Speaker, let us perpetuate the ball and was a member of Sigma Alpha the House to support H.Res. 494. legacy of the Berlin Airlift. Congress Epsilon fraternity. f must honor those whose tremendous It was at Furman that he met Beth acts of courage during the airlift pro- Ballentine, a South Carolina girl who FURTHER MESSAGE FROM THE moted freedom and democracy. As stole his heart; and they were married SENATE Americans, we must continue to ensure after his graduation. A further message from the Senate that these principles are cherished Bill coached basketball one year at by Mr. Lundregan, one of its clerks, an- throughout the world. Statesville, North Carolina High nounced that the Senate had passed f School. After 5 years in sales for the without amendment a concurrent reso- Weyerhaeuser Corporation, he joined lution of the House of the following HONORING CONGRESSMAN JIM the sales force of Package Products title: TRAFICANT AND WILLIAM Company in Charlotte, resulting in his FRANKLIN HANKS, JR. H. Con. Res. 297. Concurrent resolution move to Knoxville in 1964. providing for an adjournment of both The SPEAKER pro tempore. Under a He has spent 34 years in sales and re- Houses. previous order of the House, the gen- tired recently as national accounts June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5393 manager for the Sonoco Corporation, letes who ever resided in the county of Mrs. CLAYTON. Mr. Speaker, this which bought Package Products 3 San Diego where I live, and where my has been a good week for the people of years ago. good golfing buddies the gentleman America and for the citizens of the Bill is known by his family and from California (Mr. CUNNINGHAM) and First Congressional District of North friends for his sense of humor, his loy- the gentleman from California (Mr. Carolina. alty and his dedication to God, his fam- PACKARD) also live, two pretty good First the President signed the Agri- ily, his work and his community. athletes themselves, because Billy Cas- culture Research Extension and Edu- He has served the Eastminster Pres- per is one of the greatest golfers who cation Reauthorization. That legisla- byterian church in Knoxville as an ever lived on the face of the Earth. tion is important for agriculture re- elder, deacon, Sunday School teacher, b search, as well as for restoring food youth fellowship volunteer, steward- 1845 stamps and the much-needed crop in- ship and finance committees, always He had a record of over 50 victories, surance for farmers. It recognizes the giving his time and talents unselfishly. including three majors. Now after his need for rural development programs, Bill and Beth are extremely proud of playing time on the regular tour, PGA which allow the Secretary to provide their family: Linda Hanks Kapstein tour has long since passed, Billy Casper funds for water and sewer development and husband, Dan, who have two sons, just did something this last week that as well as funds for research programs, Zachary and Jacob, and live in Little is quite extraordinary. including those involving cotton and Compton, Rhode Island; He went to Utah to play in Johnny pfiesteria, important research needed William F Hanks, III, his wife Patti Miller’s champion’s challenge and for Eastern North Carolina. and their three children, Chelsea, Will Johnny Miller’s champion’s challenge, It also provides for the continuation IV, and Heath, who reside in Plant if you read the list of the players who of land grant research programs, in- City, Florida; participated, read like the book of cluding those at historical black col- Wallace Sidney Hanks and his wife, champions. Included in the field were leges and universities, and education Traci, and daughter, Sidney Beth, live Gary Player and his son, Johnny Miller land grants for Hispanic-serving insti- in Dalton, Georgia; and and his son, Jack Nicklaus and his son, tutions. Lucille Rand Hanks who lives in Al- Hale Irwin and his son, John Daley, The food stamp restoration targets exandria, and has been my office man- Laura Davies, Julie Inkster, the most vulnerable legal immigrants: ager and has been with me since I first Lisssolette Neuman, two of the great the elderly, disabled persons and chil- came to the Congress. players on the women’s tour, Craig dren. It targets refugees, who often Professional accomplishments by Stadler and Fuzzy Zoeller and, of came to this country without nothing this man include membership in his course, Billy Casper and his own son but the clothes on their backs, and vet- company’s Million Dollar Club and Bob. erans who fought courageously along Winner’s Circle for many years. In the Billy Casper in this tournament, the U.S. military forces in Vietnam. Knoxville community, Bill Hanks has which was a two-man scramble, I un- They were eligible for food stamps devoted many hours to coaching youth derstand there was a $500,000 tour- prior to the Welfare Reform Act of 1996. in city basketball leagues, Boys Club nament, $125,000 to the winners, Billy The importance, the urgency and the and church leagues, always teaching Casper and Bob Casper, his son, won fairness of the agriculture research bill fundamentals and teamwork. that tournament at 11 under par. to all growers and consumers of agri- Helping young people develop high Billy Casper was always remembered cultural products is paramount. moral standards and good work ethics We also passed H.R. 4060, the Energy as being one of the finest putters, prob- while enjoying sports earned him the and Water Appropriations Act for fiscal ably the finest putter and short game Mayor’s Merit Award in 1975 in the year 1999, which includes money for the player in the history of the game. He field of athletics, for outstanding Wilmington, North Carolina port. That had a putting stroke that was un- achievement in service to the City of measure included $8.3 million in fund- matched by anybody. And when we had Knoxville. ing for the deepening and widening of the recent U.S. Open at the Olympic Though Bill remains loyal with gifts the port at Wilmington, North Carolina Golf Course in San Francisco just this to his Alma Mater, Furman University, which has historically served as one of last week, we were all reminded of 1966, he has ‘‘adopted’’ the University of the greatest sources of revenue along when Billy Casper trailed Arnold Palm- Tennessee in Knoxville, and is an avid the East Coast. er by 7 strokes with only 9 holes to go fan and supporter of ‘‘Big Orange’’ ath- While generating over $300 million in in the championship, tied him on that letics. State and local taxes, the port creates Now in retirement, Bill will continue last 9 holes, Billy Casper, our Billy, over 80,000 jobs in North Carolina. as a broker in the packaging business; shot a 32 to Arnold Palmer’s 39 and Along with North Carolina, many other but he and Beth will divide their time Billy then won the playoff the next landlocked States of the southeast between Knoxville and a home in Fripp day. have used the Port of Wilmington as a Island, South Carolina, and will mainly The trophy in this particular Cham- conduit to the Atlantic Ocean and to enjoy spending time with their chil- pion’s Challenge was made by Mark the rest of the world. dren and grandchildren. Martinson, one of our great western Completing the Cape Fear River Mr. Speaker, I can say without hesi- artists. It is a wonderful trophy. It is a deepening project is indeed prudent tation or reservation that this country bronze trophy entitled, Champions in spending of Federal funds, long range is a better place because of great Amer- the Making, and Mark Martinson is vision, and it does indeed allow for a icans like Congressman JIM TRAFICANT one of our budding artists and also a balance of our priorities. I also applaud and my friend, Bill Hanks. great golfer who accompanied Billy the passage of H.R. 4101, the fiscal year f Casper to this tournament in Utah. So 1999 Agriculture Appropriation Bill. San Diego recognizes you, Billy, as The bill provides a total of $55.9 billion BILLY CASPER being one of the greatest champions for agriculture, rural development and The SPEAKER pro tempore. Under a whoever lived and whoever graced our food nutrition programs. previous order of the House, the gen- wonderful county in San Diego. We I am delighted that several amend- tleman from California (Mr. HUNTER) is hope to see you win a lot more tour- ments to the bill were defeated, includ- recognized for 5 minutes. naments. ing one against the peanut program, Mr. HUNTER. Mr. Speaker, I thank f which is so important to my district, the gentleman from Tennessee (Mr. which was voted down by a higher mar- A GOOD WEEK FOR THE PEOPLE DUNCAN), of the ‘‘Duncan Caucus,’’ for gin than last year. The bill increases that fine speech that he just made and OF NORTH CAROLINA funding for farm operation loans, main- I will be chairman next year, hopefully, The SPEAKER pro tempore (Mr. tains funding for the WIC program, and then he can follow me in these spe- PEASE). Under a previous order of the funds the Federal Crop Insurance Pro- cial orders. House, the gentlewoman from North gram, increased funding for agriculture Mr. Speaker, let me give my kudos to Carolina (Mrs. CLAYTON) is recognized inspection and holds the line on agri- a great athlete, one of the greatest ath- for 5 minutes. culture research, and increases funding H5394 CONGRESSIONAL RECORD — HOUSE June 25, 1998 for school lunch and the school break- see what America is doing, to see if Going back to 1992, it is very inter- fast program. they are continuing to defend freedom esting to follow what the President has The bill also contains provisions for across the globe the way that those said on human rights in China. I re- lifting the statute of limitations con- that came before us did 50 years ago member back during the campaign of tained in the Equal Credit Opportunity and the way that our Founding Fathers 1992, when the President talked about Act, thus allowing black farmers who thought we should do. the need to stand up to the butchers of have complaints of discrimination Unfortunately, today I am concerned, Beijing, that is a position that I actu- against the Department of Agriculture as are a lot of other Republicans and ally applauded because I was surprised to have a hearing either before the de- Democrats, about what this adminis- that those of us in Congress and the ad- partment or before the courts. Where tration is doing halfway across the ministration did not do more following relief is merited, it will now be granted globe in Communist China. The gentle- the brutal massacre in 1989. even for the cases dating back to 1983. woman from California (Ms. PELOSI) The President made that vow, but The plight of the black farmers in who has worked on human rights issues soon after he got elected, he forgot America is a plight not unlike that of with myself and others said this today: about that vow, just like he forgot about the promise to link human other groups, with one very significant There is no improvement in human rights exception. there. The President can say that China has rights with trade. And he forgot to do The very department designed to improved its human rights record because it that very quickly. And the result, as help them has over the last several exiled forcibly two dissidents. But we don’t reported by A. M. Rosenthal in the New years indeed harmed them. There has call that progress. York Times, was disastrous. Religious freedoms and political been a 64 percent decline in black farm- Earlier this week the Washington speech continue to be crushed in China. ers, just over the last 15 years, from Post, on Tuesday June 23rd, had this to Protestants and Catholics are thrown 6,996 farmers in 1978 to 2,498 farms in say about human rights in China: in jail. In fact, thrown into jail up to 2 1992. Li Hai, 44 years old, a former teacher at years for simply having a bible at home the Chinese Medical College, is now serving The Department of Justice ruled ear- and leading a bible study. lier this year that legal and technical a 9 year prison sentence in Beijing’s prison. arguments should prevent these farm- His crime, assembling a list of people who b 1900 ers from recovering for damages done were jalied for taking part in pro-democracy demonstrations in Tiananmen Square in Over 400,000 are jailed right now. The to them, taking the position that even 1989. From the Beijing area alone, he docu- New York Times and A. M. Rosenthal in cases where the discrimination had mented more than 700. Of those, 158, mostly has reported that Christians and Bud- been proven, documented and dem- workers rather than students, received sen- dhists continue to be savagely beaten, onstrated, recovery was indeed pos- tences of more than 9 years and are pre- tortured in front of their families, and sible. However, the Reagan administra- sumed to still be held for protesting for de- even killed for simply worshiping God tion had eliminated the investigating mocracy in Tiananmen Square back in 1989. as they choose. unit within the USDA which would Many were sentenced to a life in prison, This past week, I went to a Tibet have investigated their complaints of from a 22 year old to a 76 year old. Li Hai freedom rally on the west lawn. We himself was convicted for prying into and heard Tibetans talk about what has discrimination. gathering state secrets. Yet the department continued to re- happened in their culture and how the ceive the complaints and in fact in its Now, in China, in Tiananmen Square, Tibetan culture continues to be literature encouraged farmers to sub- in the land where the President goes to crushed. Yet, in America, we ignore mit their complaints to them. Black talk about China’s great progress on some stark numbers. farmers relied on this representation human rights, what the Communist We ignore the number 50. That is and indeed it was an empty process to government calls prying into and gath- about how long the Communist Chinese their detriment. ering state secrets is one individual, have occupied Tibet. We ignore the It was not until the complainants one citizen trying to find out who the number 1.2 million. That is the number failed to get relief from USDA and filed Communist Chinese drug off to prison of Tibetans that have been killed since lawsuits that the Department of Jus- after they shot down and killed hun- the Chinese occupation. We continue to ignore the number 130,000. That is how tice raised the statute of limitations as dreds and maybe even thousands of many Tibetans today have been forced a defense. Because the department for- demonstrators in Tiananmen Square. into exile. The number 250,000 is impor- mally took the position, I and others The Washington Post goes on to say, tant because that is the number of Chi- call upon our colleagues in Congress to We thought of Mr. Li as we read President nese troops occupying Tibet. provide swift and effective legislative Clinton’s explanation in Newsweek yester- day of, Why I am going to Beijing. Mr. Clin- And 60 million is a frightening num- remedies. I am glad to say that our ton wrote of the real progress that China has ber when you want to really gauge Congress passed that. It was a histori- made in human rights during the past year. what type of regime the President is cal day. That progress, according to the President, dealing with today in Tiananmen f consists of the release of several prominent Square. To give all Americans a little dissidents. How meager these accomplish- STANDING UP FOR FREEDOM historical perspective, 60 million is the ments in human rights really are becomes number of Chinese that have been The SPEAKER pro tempore. Under clear when you stack them up against the administration’s own decidedly modest goals killed by their own government since the Speaker’s announced policy of Jan- 1949, 60 million. The number is so high uary 7, 1997, the gentleman from Flor- going back to 1996, when it had already downgraded the priority of human rights. that it boggles the imagination. ida (Mr. SCARBOROUGH) is recognized The Washington Post concludes, Let us put it into this perspective: for 60 minutes as the designee of the Adolph Hitler was accused of killing 6 majority leader. Tomorrow Mr. Clinton will leave for China. million Jews in the Holocaust. Hitler He is the first President to visit since the Mr. SCARBOROUGH. Mr. Speaker, killed 6 million Jews, and has been earlier today the Speaker talked about Tiananmen Square massacre in 1989. His aides promise that he will speak out on termed as one of the most evil men of, the historic moment that we had 50 human rights there and that there is a not only this century, but in the his- years ago in this country when the chance that he will meet with the mother of tory of western civilization, the his- Berlin airlift took place. He said a cou- a student killed in Tiananmen Square. The tory of the world. Yet, we have a re- ple things that I wrote down here. first could be valuable if his remarks are gime that has murdered 10 times that He talked about the importance for broadcast on Chinese television. The second, amount of people, murdered 60 million. America to continue to, quote, reject an important symbol, especially because But that is a number that continues Communist oppression across the many relatives of Tiananmen victims con- to fall on deaf ears in the United globe. And secondly, he talked about tinue to be persecuted and harassed. But Mr. States. Why is that? I think it has the importance of standing up for free- Clinton’s comments should above all be hon- est. For the sake of Li Hai, the 158 docu- something to do with another number, dom. mented and the many that still cannot be and that number is 9,000. And 9,000 is a I think that is very important, and I found, Mr. Clinton should not trumpet real very interesting number, you see, be- think it is critical today, 50 years progress in human rights where no human cause that number is a number that later, that we do that, that we look and rights record of progress exists. mesmerizes politicians in Washington, June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5395 D.C. and in State capitals across this extending MFN, Most Favored Trade was too powerful. Britain was not country. Nine thousand is a number Nations Status to the Chinese. They ready for that type of a war. So he that mesmerizes the wizards of Wall claim that it shows that we are came back, after appeasing Hitler, Street. Nine thousand is a number that antibusiness. talking about how he had found ‘‘peace mesmerizes those that work on Madi- When I got elected here in 1994, I had for our time.’’ son Avenue. never been involved in politics before. I Of course Adolph Hitler, like the Chi- Yes, 9,000 is the number that the Dow decided it was time to get up off the nese today, did not see appeasement as Jones continues to float around. It is couch and do something. But it seemed a show of strength, but rather a show about money. We are obsessed with fi- to me, before I got up here, that Mem- of weakness. Soon after that, peace in nance. Let me tell you, there is noth- bers of Congress and administrations our time ended with Hitler going into ing wrong with a strong Wall Street. did not have to choose between free- Austria, going into Poland and begin- There is nothing wrong with a Dow dom and finance, that we could some- ning the bloody, bloody Second World Jones over 9,000. how walk sort of that middle road. But War. I have been termed as a right wing it is not that way anymore. The Presi- We cannot capitulate. If we continue fanatic, too conservative on fiscal dent tells us. The BIPACs of the world to capitulate, BIPAC, Wall Street, and issues. I believe in cutting taxes. I be- tell us that it is all or nothing. the other business leaders that are ac- lieve in abolishing the capital gains You either completely engage with cusing us of isolation may make a tax. I believe in abolishing the inherit- China, give them whatever they want short-term profit but, in the end, will ance tax. I believe in cutting govern- on their terms, or else you are a dan- pay the ultimate price. ment spending radically. I believe in gerous knuckle dragging isolationist What do the Chinese leaders think of the free enterprise system. that just does not understand the eco- us for this appeasement policy we have Socialism and Marxism as political nomic and political realities at the end been engaging? Let me read to you theories lie on the dust bin of history. of the 20th Century. That argument is from yesterday’s Investor’s Business They are dead. Capitalism won. Pure patently false. Daily, a quote from a U.S. official who unadulterated capitalism prevailed There was an editorial in the New was negotiating with the Chinese. It goes like this: ‘‘In March 1996, over the socialism and the communism York Times, an op ed last week that China started lobbying missiles within of the Soviet Union. said as much. It is written by Robert 100 miles of Taiwan as a signal on the I like profit. I think profit is good for Kagan and William Kristol. The head- eve of the island’s first democratic America. But we have to balance that line said ‘‘Stop Playing by China’s elections. The Clinton administration with a few of the values that this coun- Rules.’’ Their editorial said the follow- said nothing publicly at the time, even try is supposed to be about. But every- ing: ‘‘In defending his China policy, though the Chinese insulted U.S. offi- body is so busy chasing profits across President Clinton says America faces cials when they privately promised a the globe to get the Dow Jones even historic choice: engage China as his military reaction if Taiwan was at- higher that sometimes finance takes a Administration has done or isolate it. tacked.’’ front seat to freedom. Finance seems But that is a false choice.’’ This is what the Chinese said after to take a front seat to American self- As the op ed goes on to say, nobody that threat, ‘‘No, you won’t. We’ve interest. is arguing that we isolate China. China watched you in Somalia. We have There is one defense contractor who is going to be one of the great powers watched you in Haiti. We have watched is reported in the Wall Street Journal in the 21st Century. We will share the you in Bosnia and you don’t have the last year who actually was so rabidly world stage with the Chinese people will,’’ a Chinese officer told U.S. nego- pursuing a deal with China to sell air- until everyone that is living today has tiators. China has nuclear weapons, planes to China that they sent their passed away and died. That is the polit- and ‘‘you are not going to threaten us engineers over to China to talk to the ical reality. That is the demographic again, because, in the end, you care a engineers that worked on Chinese jet reality. lot more about Los Angeles than Tai- fighters, because they wanted to help The 21st Century will not be the pei,’’ a U.S. official recalled the Chi- the Chinese. American century alone. It will be the nese officer saying. To prove that they were good part- American and Asian century. A power So they understand that we are a ners, and to prove that they deserved shift is happening, and we will be shar- paper tiger. They understand that they to get this deal, they wanted to help ing the world stage, and we understand can even threaten nuclear annihilation the Chinese engineers learn how to that. on Los Angeles, California and not face make their jet fighters more competi- But the question is, do we join into the consequences. Yet, silence is deaf- tive with our jet fighters. All in pur- this partnership by China’s rules, or do ening from Wall Street. Silence is deaf- suit of a deal. we try to meet in the middle ground ening from many in the PAC commu- We have the CEO of another defense with them? What Kagan and Kristol nity. The silence is deafening from the industry who wants to build more air- conclude is the following: ‘‘Mr. Clinton halls of Congress and the administra- planes, that has supported me in the seems determined to cast his critics as tion. past, who continues to defend the ac- backward-looking isolationists spoiling Why? The Dow is over 9,000. China is, tions of the Communist Chinese, de- for a new cold war. In fact, the Clinton after all, the next great export market. spite the fact that all credible reports Administration’s current policy invites In the end, let us face it, the economy coming out of there continually show Chinese adventurism abroad and re- is strong in part because the prices on that oppression continues to reign. pression at home. At the end of this consumer goods are low. His quote last year was that there is bloody century, we all should have Why are they low? Because China more democracy and freedom in China learned that appeasement, even when provides us with what Americans than there is in America, because, after disguised as engagement, doesn’t would call slave labor. Their workers all, more Chinese vote. That is fright- work.’’ only make $30 a month. So they can ening logic. But it shows how desperate How many people have read the his- make the items that we buy and wear companies are to go over there, make tory, or how many Americans still very cheaply. This is an arrangement bigger profits, help their stocks go up alive remember what happened in 1938 we do not want to fool around with. higher. when Neville Chamberlain went to Mu- I guess it was brought home to me If that affects the national security nich, and he was so desperate to avoid just how bad the situation is in China of the United States of America, or if war, so desperate to avoid any conflict yesterday when I heard a speech by Bill that affects freedom, this esoteric con- with Adolph Hitler that he engaged in Greider in the Capitol talking about a cept that Thomas Jefferson once what was later termed an appeasement plant that he visited over in China. talked about, so be it. policy, a policy that Winston Churchill They talked about how they, the work- We have the PAC community, and his conservative allies aggressively ers made $30 to $60 a month if they BIPAC, the business PAC openly criti- fought against. were productive. cal of Republican and Democratic But Chamberlain was dead-set If they were not productive, he found Members that continue to fight against against fighting Hitler because Hitler out that they actually took money out H5396 CONGRESSIONAL RECORD — HOUSE June 25, 1998 of this envelope at the end of the Party but like-minded people in the dence of how China has aided in nu- month if they were not doing as good a Democratic Party must fight for are clear proliferation, how they gave nu- job. Greider said that sounds kind of the first principles that our Founding clear secrets to Pakistan, to Libya and inhumane, does it not? Only $60 a Fathers based this Constitution and now possibly even to Iran. The results month, and they still dock their pay. this constitutional republic upon, con- obviously are dangerous. Pakistan just The foreman said, ‘‘Well, it is better cepts like freedom, concepts written in exploded publicly several nuclear de- than what happened a couple of years the Declaration of Independence when vices that now endangers all the world ago.’’ Greider said, ‘‘Well, what is Jefferson helped pen that incredible as a new nuclear arms race is escalat- that?’’ He said, ‘‘Well, we lined them phrase that ‘‘we hold these truths to be ing in Asia. The technology transfers up on the wall and shot them,’’ and self-evident, that all men are created that we heard about a month or two told the story of how seven workers equal and endowed by their Creator back, where the DOD themselves said, were not simply as productive as they with certain unalienable rights, among quote, America’s national security has should have been and were taken out- those life, liberty and the pursuit of been jeopardized, has been com- side and shot. happiness.’’ promised, because this administration Wall Street, a lot of the business There is not a lot of ambiguity there. gave technology to the Chinese that community, a lot of the lobbyists will The belief was all men, not people in helped make their nuclear missiles tell you that does not exist. Yet, just America, but all are endowed with cer- more accurate towards America. The tain unalienable rights. From where? about every credible journalist, wheth- Pentagon said national security was According to the Declaration of Inde- er it is the New York Times or the jeopardized. Washington Post, will tell you they pendence, from God. It is non-nego- tiable. It does not matter whether the Just today, there was testimony have seen it with their own eyes, that from a Pentagon aide who criticized it does exist. Dow Jones is over 9,000 or under 900. It does not matter if China is the next Chinese policies. This is by John Dia- b 1915 great export market or not. That we in mond with the Associated Press: A.M. Rosenthal better than anybody America believe that all are created A veteran adviser with the Pentagon agen- else over the past few years has docu- equal. And whether we are fighting for cy charged with reviewing proposed exports mented human rights abuses. civil rights in Birmingham or Beijing, testified today before a Senate committee I had a lobbyist for an organization it is non-negotiable. Regrettably we investigating whether the administration that I respect tell me with a straight have negotiated away too many of helped China gain military capacity that face that there is no religious persecu- those freedoms and too many of those should have been restricted. tion in China, that there is no religious rights for a higher Dow Industrial and Speaking in a hoarse whisper, he told the Senate Governmental Affairs Committee persecution in Tibet. That is a big lie. a lower price on consumer goods. Jef- ferson’s idea that America was the last how senior defense officials glossed over con- There is a song out that is called cerns in the lower ranks that U.S. businesses ‘‘Novocain for the Soul.’’ I think that great hope for a dying world seems were being allowed to sell China and other is what 9,000 points on the Dow Jones quaint 222 years later. And Ronald Rea- countries technology with military applica- Industrial has done. It has numbed us. gan’s belief that America was to be a tions. Senior defense officials sometimes in- It has numbed the soul of Americans to city shining brightly on the hill for all structed subordinates to soften or reverse the grave injustices that are occurring the world to see seems to be a belief their recommendations that certain tech- across the globe. Maybe I am over- that has been dimmed. In fact, right nology not be exported, he said. reacting. Maybe we should not worry now there is an exhibit that almost That’s happened on several occasions. about it. Maybe America in the 21st seems quaint. Mr. Speaker, it is in the Sometimes it happens in your face and some- century is not what America was in the Library of Congress and it is called times it happens when you’re on vacation ‘‘Religion and the Founding of the and somebody tampers with your database 18th century. Maybe freedom, liberty under your name. and the things that Thomas Jefferson American Republic.’’ It is right behind talked about and James Madison us, across the street, where the Library In 1996, Leitner said, he returned talked about does not matter. Maybe of Congress pulled together all the pa- from a 3-week vacation to find that his they are not relevant. But I tend to be- pers of our Founding Fathers when recommendation against the export of lieve they are. I believe in such quaint talking on the issue of religion. This is supercomputer technology to Russia notions as what Russell Kirk said. Kirk a summary of the exhibit, what the Li- had been rewritten to a neutral posi- said, ‘‘No matter the volume of its brary of Congress wrote in the chapter tion. Although approval for the export steel production, a nation which has ‘‘America as Religious Refuge, the 17th eventually was denied, Russia later an- disavowed principle is vanquished.’’ Century.’’ It talks about how ‘‘many of nounced it had obtained the U.S.-built And Winston Churchill in the 1950s, the North American colonies that computers without an export license. talking about a similar shift in his eventually formed the United States of The case now is under investigation. country and in his party, a similar America were settled by men and We heard reports in this House in an shift where old concepts of the Con- women who in the face of European investigating committee that people stitution and freedom were trans- persecution refused to compromise pas- that were charged with stopping mili- sionately held religious convictions. planted with commerce and simply tary technology from being transferred The great majority left Europe to wor- commerce, had this to say: to China would make recommendations ship God in the way that they believed The old conservative party, with its reli- not to export that technology to China gious convictions, and constitutional prin- to be correct.’’ To worship in the way that they be- and they would then be pressured to ciples, will disappear and a new party will change their recommendations. We rise, perhaps like the Republican Party in lieved to be correct. Is that a notion the United States, rigid, materialist and sec- that can be negotiated away in find out now that the President asked ular, whose opinions will turn on tariffs and Tiananmen Square? Is that a notion the Secretary of State to allow these who will cause the lobbies to be crowded that depends on how well the Dow technology transfers. The Secretary of with the touts of the protected industries. Jones is doing? Is that a quaint notion State said no, this damages America’s I hope that does not happen to our that depends on whether we are talking national security in its relationship Republican Party. I hope we will have about the next great export market? I with China. The President asked the the courage to stand up and be counted do not think so. Again, that is a notion CIA. They said no. The President asked where others sit down and simply shut that is non-negotiable. For those on the National Security Council. They up and are silenced because the lure of Wall Street, for those lobbyists on K said no. In fact, they continued shop- new prosperous markets are too invit- Street, for those apologists on Main ping to try to find somebody that ing. But the question is up in the air Street that want to turn a blind eye to would approve this technology trans- right now on how we are going to re- oppression in China, I say facts are fer. spond. I must say we have not been re- stubborn things. Facts are stubborn Finally they went to the right de- sponding as well over the past few things. partment. They asked the Department years as I would have liked. I think We cannot turn our eyes away from of Commerce, who said, ‘‘Sure, go what we not only in the Republican the world’s ills, to the growing evi- ahead, it’s great for business.’’ Now, June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5397 the heck with the national security. It a million different centers of energy and dar- ADJOURNMENT does not matter what our Secretary of ing those ripples build a current which can sweep down the mightiest walls of oppression Mr. SCARBOROUGH. Mr. Speaker, I State says. But go ahead and send it to move that the House do now adjourn. Commerce. And now we find out this and resistance. b 1930 The motion was agreed to. past week that the Commerce Depart- The SPEAKER pro tempore (Mr. ment allowed technology transfers It is my prayer tonight, with the PEASE). Pursuant to the provisions of without telling other agencies about President halfway across the world in House Concurrent Resolution 297 of the what was going on. Because, we see Beijing, that those who respect and 105th Congress, the House stands ad- again, national security recently has honor human rights in China, those journed until 12:30 p.m., Tuesday, July taken a back seat to finance, to quick who respect and honor human rights in 14, 1998, for morning hour debates. profits, and it is dangerous, extraor- Europe, those who respect and honor Thereupon (at 7 o’clock and 33 min- dinarily dangerous. human rights in this country will start utes p.m.), pursuant to House Concur- The question is, with nuclear pro- acting in ways that will strike out rent Resolution 297, the House ad- liferation exploding across the globe against injustice and send forth ripples journed until Tuesday, July 14, 1998, at because of China and because of our of hope and that together, today, we 12:30 p.m, for morning hour debates. lack of response to China, with tech- can begin a movement that will help nology transfers that our own Penta- end the human rights abuses in China f gon has said compromises national se- and Tibet and across the world and curity continuing to move forward, help America reconnect with its proud OATH OF OFFICE, MEMBERS, RESI- with human rights violations that are and noble past. DENT COMMISSIONER, AND DEL- continuing in China as reported by the f EGATES New York Times, the Washington Post, LEAVE OF ABSENCE Newsweek, Time and just about every The oath of office required by the other major news outlet, with these By unanimous consent, leave of ab- sixth article of the Constitution of the human rights abuses continuing, what sence was granted to: United States, and as provided by sec- Mr. HUTCHINSON (at the request of can be done when Wall Street, when of- tion 2 of the act of May 13, 1884 (23 Mr. ARMEY) for today on account of a ficial Washington, and when too many Stat. 22), to be administered to Mem- death in the family. bers, Resident Commissioner, and Dele- other people across the country are Mr. BRADY of Texas (at the request of gates of the House of Representatives, simply not paying attention, turning a Mr. ARMEY) for today on account of of- the text of which is carried in 5 U.S.C. blind eye to it or engaging in this con- ficial business. 3331: spiracy of silence. What can be done to Mr. HULSHOF (at the request of Mr. ‘‘I, A B, do solemnly swear (or af- make a difference? ARMEY) for after 11:15 a.m. today on ac- I am at times cynical, but I do be- count of personal reasons. firm) that I will support and defend lieve that we can make a big dif- Mr. MCDADE (at the request of Mr. the Constitution of the United ference. I believe that we can fight the ARMEY) for Wednesday, June 24 and States against all enemies, foreign good fight, and I think that if people today on account of medical reasons. and domestic; that I will bear true will start speaking out on this floor Mr. REYES (at the request of Mr. GEP- faith and allegiance to the same; and speaking out, Republicans and HARDT) for today on account of official that I take this obligation freely, Democrats alike, that we have a business. without any mental reservation or chance the next time MFN is debated Mr. LAMPSON (at the request of Mr. purpose of evasion; and that I will to talk about human rights and talk GEPHARDT) for today on account of offi- well and faithfully discharge the about technology transfers, to talk cial business. duties of the office on which I am about nuclear proliferation and maybe Mr. TURNER (at the request of Mr. about to enter. So help me God.’’ even make a difference. GEPHARDT) for today on account of has been subscribed to in person and Bobby Kennedy back in 1966 went to business in the district. filed in duplicate with the Clerk of the Johannesburg and at the time he was f House of Representatives by the follow- talking about ending apartheid. A lot SPECIAL ORDERS GRANTED ing Members of the 105th Congress, of people thought that it was a mission By unanimous consent, permission to pursuant to the provisions of 2 U.S.C. that could not be done, thought it was 25: too difficult, thought the walls of op- address the House, following the legis- lative program and any special orders Honorable HEATHER WILSON, First, pression would continue there. But New Mexico. Bobby Kennedy continued the fight. heretofore entered, was granted to: (The following Members (at the re- Even though he was killed in 1968, 15 f quest of Mr. OWENS) to revise and ex- years later, many of the things that he tend their remarks and include extra- talked about in that speech in Johan- neous material:) RULES OF PROCEDURE FOR THE nesburg came true. Mr. CONYERS, for 5 minutes, today. HOUSE SELECT COMMITTEE ON In talking about ending apartheid, Mr. HOYER, for 5 minutes, today. MILITARY/COMMERCIAL CON- this is what Robert Kennedy said: Ms. NORTON, for 5 minutes, today. CERNS WITH THE PEOPLE’S RE- It is a revolutionary world that we live in. Mr. HINCHEY, for 5 minutes, today. It is young people who must take the lead. PUBLIC OF CHINA Mr. UNDERWOOD, for 5 minutes today. We have had thrust upon us a greater burden (The following Members (at the re- The Hon. CHRISTOPHER COX, of responsibility than any generation that Chairman of the Select Committee on quest of Mrs. MYRICK) to revise and ex- has ever lived. U.S. National Security and Military/ ‘‘There is,’’ said an Italian philosopher, tend their remarks and include extra- ‘‘nothing more difficult to take in hand, neous material:) Commercial Concerns with the Peo- more perilous to conduct, or more uncertain Mrs. KELLY, for 5 minutes, today. ple’s Republic of China, submitted the in its success than to take the lead in the in- Mr. BILIRAKIS, for 5 minutes, today. following rules of procedure: troduction of a new order of things.’’ Mr. HUNTER, for 5 minutes, today. SELECT COMMITTEE ON U.S. NATIONAL SECU- There is the belief there is nothing one Mr. DUNCAN, for 5 minutes, today. RITY AND MILITARY/COMMERCIAL CONCERNS man or one woman can do against the enor- f WITH THE PEOPLE’S REPUBLIC OF CHINA— mous array of the world’s ills, against mis- EXTENSION OF REMARKS RULES OF PROCEDURE ery and ignorance, injustice and violence. (Adopted June 25, 1998) Yet many of the world’s great movements, of By unanimous consent, permission to 1. CONVENING OF MEETINGS thought and action, have flowed from the revise and extend remarks was granted work of a single man or woman. to: The regular meeting date and time for the It is from numberless diverse acts of cour- transaction of committee business shall be Mr. FROST, and to include therein ex- age and belief that human history is shaped. at 8 o’clock a.m. Wednesday of each week, Each time a man stands up for an ideal, or traneous material, notwithstanding unless otherwise directed by the chairman. acts to improve the lot of others, or strikes the fact that it exceeds two pages of In the case of any meeting of the commit- out against injustice, he sends forth a tiny the RECORD and is estimated by the tee, other than a regularly scheduled meet- ripple of hope, and crossing each other from Public Printer to cost $2,274. ing, the clerk of the committee shall notify H5398 CONGRESSIONAL RECORD — HOUSE June 25, 1998 every member of the committee of the time deavor to obtain voluntary counsel for the mittee shall take such actions as it deems and place of the meeting and shall give rea- witness. Failure to obtain such counsel will appropriate. sonable notice which, except in extraor- not excuse the witness from appearing and Contempt Procedures. No recommenda- dinary circumstances, shall be at least 24 testifying. tions that a person be cited for contempt of hours in advance of any meeting held in (B) Counsel shall conduct themselves in an Congress shall be forwarded to the House un- Washington, D.C., and at least 48 hours in ethical and professional manner. Failure to less and until the committee has, upon no- the case of any meeting held outside Wash- do so shall, upon a finding to that effect by tice to all its members, met and considered ington, D.C. a majority of the members of the committee, the alleged contempt, afforded the person an a majority being present, subject such coun- 2. PREPARATIONS FOR COMMITTEE MEETINGS opportunity to state in writing or in person sel to disciplinary action which may include why he or she should not be held in con- Under direction of the chairman, des- censure, removal, or a recommendation of tempt, and agreed, by majority vote of the ignated committee staff members shall brief contempt proceedings, except that the chair- committee, a quorum being present, to for- members of the committee at a time suffi- man of the committee may temporarily re- ward such recommendation to the House. ciently prior to any committee meeting to move counsel during proceedings before the Release of Name of Witness. At the request assist the committee members in prepara- committee unless a majority of the members of any witness, the name of that witness tion for such meeting and to determine any of the committee, a majority being present, scheduled to be heard by the committee shall matter which the committee members might vote to reverse the ruling of the chair. not be released prior to, or after, the wit- wish considered during the meeting. Such (C) There shall be no direct or cross-exam- ness’ appearance before the committee, un- briefing shall, at the request of a member, ination by counsel for a witness. However, less otherwise authorized by the chairman. include a list of all pertinent papers and counsel may submit in writing any question Closing Hearings. A vote to close a com- other materials that have been obtained by counsel wishes propounded to a client or to mittee hearing may be taken by a majority the committee that bear on matters to be any other witness and may, at the conclu- of those present, there being in attendance considered at the meeting. sion of such testimony, suggest the presen- the requisite number required under the The staff director shall recommend to the tation of other evidence or the calling of rules of the committee to be present for the chairman the testimony, papers, and other other witnesses. The committee may use purpose of taking testimony or receiving evi- materials to be presented to the committee such questions and dispose of such sugges- dence; provided, that such a vote may not be at any meeting. The determination whether tions as it deems appropriate. taken by less than a majority of the commit- such testimony, papers, and other materials Statements by Witnesses. A witness may tee members unless at least one member of shall be presented in open or executive ses- make a statement, which shall be brief and the minority is present to vote upon the mo- sion shall be made by the Chairman in con- relevant, at the beginning and conclusion of tion to close the hearing. formity with the Rules of the House and the witness’ testimony. Such statements 5. SUBPOENAS, INTERROGATORIES, LETTERS these rules. shall not exceed a reasonable period of time ROGATORY, DEPOSITIONS AND AFFIDAVITS 3. MEETING PROCEDURES as determined by the chairman, or other pre- siding member. Any witness desiring to A. Subpoenas, Interrogatories and Letters Meetings of the committee shall be open to Rogatory the public except that a portion or portions make a prepared or written statement for of any such meeting may be closed to the the record of the proceedings shall file a Committee subpoenas issued in accordance public if the committee determines by record copy with the clerk of the committee, and with House Resolution 463 may be served by vote in open session and with a majority insofar as practicable and consistent with any person designated by the chairman. present that the matters to be discussed or the notice given, shall do so at least 72 hours Each subpoena shall have attached thereto a the testimony to be taken on such matters in advance of the witness’ appearance before copy of these rules and of House Resolution would endanger national security, would the committee. 463. Unless otherwise determined by the select compromise sensitive law enforcement infor- Objections and Ruling. Any objection committee the chairman, upon consultation mation, or would tend to defame, degrade or raised by a witness or counsel shall be ruled with the ranking minority member, shall au- incriminate any person, or otherwise would upon by the chairman or other presiding thorize and issue subpoenas. In addition, the violate any law or rule of the House. member, and such ruling shall be the ruling select committee may itself vote to author- Quorum.—One-third of the members of the of the committee unless a majority of the ize and issue subpoenas. Subpoenas shall be Select Committee shall constitute a quorum committee present overrules the ruling of issued under the seal of the House and at- for the transaction of business other than the chair. tested by the Clerk, and may be served by the reporting of a matter, which shall re- Transcripts. A transcript shall be made of any persons designated by the chairman or quire a majority of the committee to be ac- the testimony of each witness appearing be- any member. Subpoenas shall be issued upon tually present, except that 2 members shall fore the committee during a committee the chairman’s signature or that of a mem- constitute a quorum for the purpose of hold- hearing. Inspection and Correction. All witnesses ber designated by the Chairman or by the ing hearings to take testimony and receive testifying before the committee shall be committee. evidence. Decisions of the committee shall given a reasonable opportunity to inspect A subpoena duces tecum may be issued be by majority vote of the members present the transcript of their testimony to deter- whose return shall occur at a time and place and voting. mine whether such testimony was correctly other than that of a regularly scheduled Whenever the committee by rollcall vote transcribed. The witness may be accom- meeting. Upon the return of such a sub- reports any measure or matter, the report of panied by counsel. Any corrections the wit- poena, the chairman or in his absence the the committee upon such measure or matter ness desires to make in the transcript shall ranking member of the majority party who shall include a tabulation of the votes cast be submitted in writing to the committee is present, on two hours’ telephonic notice to in favor of and the votes cast in opposition within 5 days from the date when the tran- all other committee members, may convene to such measure or matter. script was made available to the witness. a hearing for the sole purpose of elucidating 4. PROCEDURES RELATED TO THE TAKING OF Corrections shall be limited to grammar and further information about the return on the TESTIMONY minor editing, and may not be made to subpoena and deciding any objections to the Notice. Reasonable notice shall be given to change the substance of the testimony. Any subpoena. all witnesses appearing before the commit- questions arising with respect to such cor- Orders for the furnishing of information by tee. rections shall be decided by the chairman. interrogatory, the inspecting of locations Oath or Affirmation. Testimony of wit- Upon request, those parts of testimony given and systems of records upon notice except in nesses shall be given under oath or affirma- by a witness in executive session which are exigent circumstances, the obtaining of evi- tion which may be administered by any subsequently quoted or made part of a public dence in other countries by means of letters member of the committee, except that the record shall be made available to that wit- rogatory or otherwise, and the other process chairman of the committee shall not require ness at the witness’ expense. for obtaining information available to the an oath or affirmation where the chairman Requests to Testify. The committee will committee, shall be authorized and issued by determines that it would not be appropriate consider requests to testify on any matter or the chairman, upon consultation with the under the circumstances. measure pending before the committee. A ranking minority member, or by the select Interrogation. Committee interrogation person who believes that testimony or other committee. Requests for investigations, re- shall be conducted by members of the com- evidence presented at a public hearing, or ports, and other assistance from any agency mittee and such committee staff as are au- any comment made by a committee member of the executive, legislative, and judicial thorized by the chairman or the presiding or a member of the committee staff may branches of the federal government, shall be member. tend to affect adversely that person’s reputa- made by the chairman, upon consultation Counsel for the Witness. (A) Any witness tion, may request to appear personally be- with the ranking minority member, or by may be accompanied by counsel. A witness fore the committee to testify on his or her the committee. who is unable to obtain counsel may inform own behalf, or may file a sworn statements Provisions may be included in the process the committee of such fact. If the witness in- of facts relevant to the testimony, evidence, of the committee to prevent the disclosure of forms the committee of this fact at least 24 or comment, or may submit to the chairman committee demands for information, when hours prior to the witness’ appearance before proposed questions in writing for the cross- deemed necessary for the security of infor- the committee, the committee shall then en- examination of other witnesses. The com- mation or the progress of the investigation June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5399 by the chairman or member designated by All depositions, affidavits, and other mate- mittee or the committee staff, either while a him or the committee, such as requiring that rials obtained under the authority of Section member of the committee staff or at any companies receiving subpoenas for financial 9 of House Resolution 463 shall be considered time thereafter except as directed by the or toll records make no disclosure to cus- to be taken in executive session. Such mate- committee, or, after the termination of the tomers regarding the subpoena for ninety rial may be released or used in public ses- committee, in such manner as may be deter- days or prohibiting the revelation by wit- sions with the consent of the committee, mined by the House. nesses and their counsel of committee in- which shall, unless otherwise directed by the No member of the committee staff shall be quiries. committee, meet in executive session to con- employed by the committee unless and until such person agrees in writing, as a condition B. Depositions and Affidavits sider and grant or withhold such consent, of employment, to notify the committee, or, Unless otherwise determined by the select provided, that classified information shall be handled in accordance with Rule 7. after the committee’s termination, the committee the chairman, upon consultation House, of any request for testimony, either with the ranking minority member, or the 6. STAFF while a member of the committee staff or at select committee, may authorize the taking Members of the committee staff shall work any time thereafter, with respect to classi- of affidavits, and of depositions pursuant to collegially, with discretion, and always with fied information which came into the staff notice or subpoena. Such authorization may the best interests of the national security member’s possession by virtue of his or her occur on a case-by-case basis, or by instruc- foremost in mind. Committee business shall, position as a member of the committee staff. tions to take a series of affidavits of deposi- whenever possible, take precedence over Such classified information shall not be dis- tions. The chairman may either issue the other official and personal business. For the closed in response to such request except as deposition notices himself, or direct the ap- purpose of these rules, committee staff directed by the committee, or, after the ter- propriate member of the staff to do so. No- means the persons described in Sec. 14(a) of mination of the committee, in such manner tices for the taking of depositions shall House Resolution 463, including detailees to as may be determined by the House. specify a time and place for examination. Af- the extent necessary to fulfill their des- No member of the committee, and no mem- fidavits and depositions shall be taken under ignated roles. All such persons shall be sub- ber of the committee staff, shall divulge to oath administered by a member or a person ject to the same security clearance and con- any person information which comes into his otherwise authorized by law to administer fidentiality requirements as employees of or her possession by virtue of his or her as oaths. The minority shall be afforded an op- the select committee under this rule. Com- member of the committee or of the commit- portunity to participate in all depositions. mittee staff shall be either majority, minor- tee staff, if such information may alert the The committee shall not initiate proce- ity, or joint. The appointment of joint com- subject of a committee investigation to the dures leading to contempt proceedings in the mittee staff shall be by the chairman in con- existence, nature, or substance of such inves- event a witness fails to appear at a deposi- sultation with the ranking minority mem- tigation, unless directed to do so by the tion unless the deposition notice was accom- ber. A small number of majority and minor- chairman, the committee, or the House. panied by a committee subpoena authorized ity staff may be appointed by the chairman The committee shall immediately consider disciplinary action to be taken in case any and issued by the chairman or the commit- and ranking minority member, respectively, member of the committee staff fails to con- tee. without such consultation, the total number form to any of these rules, including specifi- Witnesses may be accompanied at a deposi- of such staff to be fixed by the chairman. cally, confidentiality, security, and classi- tion by personal counsel to advise them of After confirmation, the chairman shall cer- fied information obligations imposed by their rights, subject to the provisions of Rule tify all committee staff appointments, in- House Resolution 463, and these rules, and 4 hereof. Absent special permission or in- cluding appointments by the ranking minor- the oath executed pursuant to section 8(e) of structions from the chairman, no one may be ity member, to the Clerk of the House in these rules. Such disciplinary action may in- present in depositions except members, staff writing. clude, but shall not be limited to, immediate designated by the chairman, an official re- The joint committee staff works for the dismissal from the committee staff and porter, the witness and any personal counsel; committee as a whole, under the supervision criminal referral to the Justice Department. observers or counsel for other persons or for of the chairman of the committee. Except as 7. RECEIPT OF CLASSIFIED MATERIAL the agencies under investigation may not at- otherwise provided by the committee, the tend. duties of joint committee staff shall be per- In the case of any information classified Witnesses shall be examined in depositions formed and committee staff personnel affairs under established security procedures and by a member or members or by staff des- and day-to-day operations, including secu- submitted to the committee by the executive or legislative branch, the committee’s ac- ignated by the chairman. Objections by the rity and control of classified documents and ceptance of such information shall con- witness as to the form of questions shall be material, shall be administered under the di- stitute a decision by the committee that it is noted for the record. If a witness objects to rect supervision and control of the staff di- executive session material and shall not be a question and refuses to answer, the mem- rector. Majority and minority staff ap- disclosed publicly or released unless the bers or staff may proceed with the deposi- pointed by the chairman and ranking mem- committee, by roll call vote, determines, in tion, or may obtain, at that time or at a sub- ber, respectively, shall be subject to the a manner consistent House Resolution 463, sequent time, a ruling on the objection by same operational control and supervision that it should be disclosed publicly or other- telephone or otherwise from the chairman or concerning security and classified docu- wise released. For purposes of receiving in- his designee. The committee shall not initi- ments and material as are joint committee formation from either the executive or legis- ate procedures leading to contempt for refus- staff. lative branch, the committee staff may ac- als to answer questions at a deposition un- The joint committee staff shall assist the cept information on behalf of the committee. less the witness refuses to testify after his minority as fully as the majority in all mat- 8. PROCEDURES RELATED TO CLASSIFIED OR objection has been overruled and after he has ters of committee business and in the prepa- SENSITIVE MATERIAL AND OTHER INFORMATION been ordered and directed to answer by the ration and filing of additional, separate and chairman or his designee upon consultation minority views, to the end that all points of (a) Committee staff offices, including ma- with the ranking minority member or his view may be fully considered by the commit- jority and minority offices, shall operate designee. tee and the House. under strict security precautions. At least The committee staff shall insure that the The members of the committee staff shall one security officer shall be on duty at all times by the entrance to control entry. Be- testimony is either transcribed or electroni- not discuss either the classified substance or fore entering the office all persons shall cally recorded, or both. If a witness’ testi- procedure of the work of the committee with identify themselves. mony is transcribed, then the witness shall any person not a member of the committee Sensitive or classified documents and ma- be furnished with an opportunity to review a or the committee staff for any purpose or in terial shall be segregated in a security stor- copy. No later than five days thereafter, the connection with any proceeding, judicial or age area under the supervision of appropriate staff shall enter the changes, if any, re- otherwise, either during that person’s tenure joint committee staff. They may be exam- quested by the witness, with a statement of as a member of the committee staff or at any ined only at secure reading facilities. Copy- the witness’ reasons for the changes, and the time thereafter except as directed by the ing, duplicating, or removal from the joint witness shall be instructed to sign the tran- committee, or, after the termination of the committee offices of such documents and script. The individual administering the committee, in such a manner as may be de- other materials are prohibited except with oath, if other than a Member, shall certify termined by the House. leave of the chairman and ranking member on the transcript that the witness was duly Each member of the committee, and each for use in, or preparation for, interviews, sworn in the administering individual’s pres- member of the committee staff, as a condi- depositions or committee meetings, includ- ence, the transcriber shall certify that the tion of employment, shall agree in writing ing the taking of testimony in conformity transcript is a true record of the testimony, not to divulge any classified information with these rules. No classified documents and the transcript shall be filed, together which comes into such person’s possession shall be maintained or stored in the majority with any electronic recording, with the clerk while a member of the committee or the or minority offices. of the committee in Washington, D.C. Affida- committee staff or any classified informa- Each member of the committee shall at all vits and depositions shall be deemed to have tion which comes into such person’s posses- times have access to all papers and the staff been taken in Washington, D.C. once filed sion by virtue of his or her position as a director shall be responsible for the mainte- there with the clerk of the committee for the member of the committee or the committee nance, under appropriate security proce- committee’s use. staff to any person not a member of the com- dures, of a registry which will number and H5400 CONGRESSIONAL RECORD — HOUSE June 25, 1998 identify all classified papers and other clas- seek the opinion of members of the commit- these rules, or, after the termination of the sified materials in the possession of the com- tee appointed from standing committees of committee, in such a manner as may be de- mittee and such registry shall be available the House with jurisdiction over the matter termined by the House. to any member of the committee. in question or to submissions from such Before the committee makes any decision Pursuant to clause (2)(e)(2) and clause other committees. Further, the committee regarding a request for access to any testi- (2)(g)(2) of House Rule XI, members who are may seek the advice in its deliberations of mony, papers or other materials in its pos- not members of the committee shall be any executive branch official. session or a proposal to bring any matter to granted access to such transcripts, records, (4) If the committee, with a quorum the attention of the House or a committee or data, charts and files of the committee and present, by record vote decides that a matter committees of the House, committee mem- be admitted on a nonparticipatory basis to requires the attention of the House or a com- bers shall have a reasonable opportunity to hearings or briefings of the committee which mittee or committees of the House which the examine all pertinent testimony, papers, and involve classified material on the basis of committee deems appropriate, it shall make other materials that have been obtained by the following provisions: arrangements to notify the House or com- the committee. (1) Members who desire to examine mate- mittee or committees promptly. (e) Before any member of the committee or rials in the possession of the committee or to (5) In bringing a matter to the attention of the committee staff may have access to clas- attend committee hearings or briefings on a another committee or committees of the sified information the following oath shall nonparticipatory basis should notify the House, the committee, with due regard for be executed: clerk of the committee in writing. the protection of intelligence sources and (2) Each such request by a member must be ‘‘I do solemnly swear (or affirm) that I will methods, shall take all necessary steps to not disclose any classified information re- considered by the committee, a quorum safeguard materials or information relating being present, at the earliest practicable op- ceived in the course of my service on the Se- to the matter in question. lect Committee on Military/Commercial portunity. The committee must determine (6) The method of communicating matters by record vote whatever action it deems nec- Concerns With the People’s Republic of to other committees of the House shall in- China, except when authorized to do so by essary in light of all circumstances of each sure that information or material designated individual request. The committee shall take the committee or the House of Representa- by the committee is promptly made avail- tives.’’ into account, in its deliberations, such con- able to the chairman and ranking minority Copies of the executed oath shall be re- siderations as the sensitivity of the informa- member of such other committees. tained in the files of the committee. tion sought to the national defense or the (7) The committee may bring a matter to confidential conduct of the foreign relations the attention of the House when it considers 9. LEGISLATIVE CALENDAR of the United States, the likelihood of its the matter in question so grave that it re- The clerk of the committee shall maintain being directly or indirectly disclosed, the ju- quires the attention of all members of the a printed calendar for the information of risdictional interest of the member making House, if time is of the essence, or for any each committee member showing any proce- the request and such other concerns—con- other reason which the committee finds dural or legislative measures considered or stitutional or otherwise—as affect the public compelling. In such case, the committee scheduled to be considered by the commit- interest of the United States. Such actions shall consider whether to request an imme- tee, and the status of such measures and as the committee may take include, but are diate secret session of the House (with time such other matters as the committee deter- not limited to: (i) approving the request, in equally divided between the majority and mines shall be included. The calendar shall whole or part; (ii) denying the request; (iii) the minority) or to publicly disclose the be revised from time to time to show perti- providing in different form than requested matter in question in conformity with the nent changes. A copy of each such revision information or material which is the subject procedures set forth in clause 7 of House shall be furnished to each member of the of the request. Rule XLVIII, governing release of such infor- committee. (3) In matters touching on such requests, mation by the Select Committee on Intel- 10. COMMITTEE TRAVEL the committees may, in its discretion, con- ligence. sult the Director of Central Intelligence and (c) Whenever the committee makes classi- No member of the committee or committee such other officials as it may deem nec- fied material available to any other commit- staff shall travel on committee business un- essary. tee of the House or to any member of the less specifically authorized by the chairman. (4) In the event that the member making House not a member of the committee, the Requests for authorization of such travel the request in question does not accede to clerk of the committee shall be notified. The shall state the purpose and extent of the the determination or any part thereof of the clerk shall at that time provide a copy of the trip, together with itemized expenses antici- committee as regards the request, that mem- applicable portions of these rules and of pated thereon. No preliminary arrangements ber should notify the committee in writing House Resolution 463 and other pertinent for foreign travel shall be undertaken by any of the grounds for such disagreement. The Rules of the House to such members or such committee member or staff unless such trav- committee shall subsequently consider the committee and insure that the conditions el has been authorized in writing by the matter and decide, by record vote, what fur- contained therein under which the classified chairman. A full report shall be filed with ther action or recommendation, if any, it materials provided are clearly presented to the committee when any travel, foreign or will take. the recipient. The clerk of the committee domestic, is completed. (b) The committee shall call to the atten- shall also maintain a written record identi- A report on all foreign travel shall be filed tion of the House or to any other appropriate fying the particular information transmit- with the committee clerk within 60 calendar committee or committees of the House any ted, the reasons agreed upon by the commit- days of the completion of said travel. The re- matters requiring the attention of the House tee for approving such transmission and the port shall contain a description of all issues or such other committee or committees of committee or members of the House receiv- discussed during the trip and the persons the House on the basis of the following provi- ing such information. The staff director of with whom the discussion were conducted. If sions: the committee is further empowered to pro- an individual with the committee staff fails (1) At the request of any member of the to comply with this requirement, he or she committee, the committee shall meet at the vide for such additional measures as he or she deems necessary in providing material shall be subject to the disciplinary proce- earliest practicable opportunity to consider dures set forth in Rule 6. a suggestion that the committee call to the which the committee has determined to make available to a member of the House or A report on all foreign travel shall be filed attention of the House or any other commit- with the committee clerk within 60 calendar tee or committees of the House executive a committee of the House. (d) Access to classified information sup- days of the completion of said travel. The re- session material. port shall contain a description of all issues (2) In determining whether any matter re- plied to the committee shall be limited to discussed during the trip and the persons quires the attention of the House or any those committee staff members with appro- with whom the discussions were conducted. other committee or committees of the priate security clearance and a need-to- If an individual with the committee staff House, the committee shall consider, among know, as determined by the committee, and fails to comply with this requirement, he or such other matters it deems appropriate— under the committee’s direction, the staff di- (A) the effect of the matter in question rector. she shall be subject to the disciplinary proce- upon the national defense or the foreign rela- No member of the committee or of the dures set forth in Rule 6. tions of the United States; committee staff shall disclose, in whole or in When the chairman approves the foreign (B) whether the matter in question in- part or by way of summary, to any person travel of a member of the committee staff volves sensitive intelligence sources and not a member of the committee or the com- not accompanying a member of the commit- methods; mittee staff for any purpose or in connection tee, all members of the committee are to be (C) whether the matter in question other- with any proceeding, judicial or otherwise, advised, prior to the commencement of such wise raises serious questions about the na- any testimony given before the committee in travel, of its extent, nature and purpose. The tional interest; and executive session, or the contents of any report referred to in the previous paragraph (D) whether the matter in question affects classified papers or other classified materials shall be furnished to all members of the com- matters within the jurisdiction of another or other classified information received by mittee and shall not be otherwise dissemi- committee or committees of the House. the committee except as authorized by the nated with the express authorization of the (3) In examining the considerations de- committee in a manner consistent with committee pursuant to the rules of the com- scribed in paragraph (2), the committee may House Resolution 463 and the provisions of mittee. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5401

11. BROADCASTING COMMITTEE MEETINGS 9860. A letter from the Director, Regu- to 22 U.S.C. 2776(c); to the Committee on Whenever any hearing or meeting con- latory Management Division, Environmental International Relations. ducted by the committee is open to the pub- Protection Agency, transmitting notifica- 9870. A letter from the Assistant Secretary lic, a majority of the committee or sub- tion of error on the communication submit- for Legislative Affairs, Department of State, committee, as the case may be, may permit ted June 5, 1998 entitled ‘‘Phospholipid: transmitting notification that a reward has that hearing or meeting to be covered, in Lyso-PE (lysophosphatidylethanolamin ); been paid, pursuant to 22 U.S.C. 2708(h); to whole or in part, by television broadcast, Time-Limited Pesticide Tolerance’’; to the the Committee on International Relations. radio broadcast, and still photography, or by Committee on Agriculture. 9871. A letter from the Director, Office of any of such methods of coverage, subject to 9861. A letter from the the Acting Comp- Personnel Management, transmitting the Of- the provisions and in accordance with the troller General, the General Accounting Of- fice’s final rule—Federal Employees Retire- spirit of the purposes enumerated in clause 3 fice, transmitting an updated compilation of ment System—Open Enrollment Act Imple- of Rule XI of the Rules of the House. historical information and statistics regard- mentation (RIN: 3206–AG96) received June 23, ing rescissions proposed by the executive 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 12. COMMITTEE RECORDS TRANSFERRED TO THE branch and rescissions enacted by the Con- Committee on Government Reform and NATIONAL ARCHIVES gress through October 1, 1997; (H. Doc. No. Oversight. The records of the committee at the Na- 105—279); to the Committee on Appropria- 9872. A letter from the Director, Office of tional Archives and Records Administration tions and ordered to be printed. Personnel Management, transmitting the Of- shall be made available for public use in ac- 9862. A letter from the Director, Defense fice’s final rule—Retention Allowances (RIN: cordance with rule XXXVI of the rules of the Procurement, Under Secretary of Defense, 3206–AI31) received June 23, 1998, pursuant to House of Representatives. The chairman transmitting the Department’s final rule— 5 U.S.C. 801(a)(1)(A); to the Committee on shall notify the ranking minority member of Defense Federal Acquisition Regulation Sup- Government Reform and Oversight. any decision, pursuant to clause 3(b)(3) or plement; Streamlined Research and Develop- 9873. A letter from the Director, Office of clause 4(b) of the rule, to withhold a record ment Contracting [DFARS Case 97–D002] re- Sustainable Fisheries, National Oceanic and otherwise available, and the matter shall be ceived June 23, 1998, pursuant to 5 U.S.C. Atmospheric Administration, transmitting presented to the committee for a determina- 801(a)(1)(A); to the Committee on National the Administration’s final rule—Fisheries of tion on the written request of any member of Security. the Northeastern United States; Northeast the committee. 9863. A letter from the Regulations Coordi- Multispecies Fishery; Commercial Cod Har- 13. CHANGES IN RULES nator, Department of Health and Human vest [Docket No. 980318066–8066–01; I.D. Services, transmitting the Department’s 061198B] received June 23, 1998, pursuant to 5 These rules may be modified, amended, or final rule—Substance Abuse and Mental U.S.C. 801(a)(1)(A); to the Committee on Re- repealed by the committee, provided that a Health Services Administration; Require- sources. notice in writing of the proposed change has ments Applicable to Protection and Advo- 9874. A letter from the Director, Executive been given to each member at least 48 hours cacy of Individuals with Mental Illness; Office for Immigration Review, Department prior to the meeting at which action thereon Final Rule (RIN: 0905–AD99) received June 15, of Justice, transmitting the Department’s is to be taken. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule—Executive Office for Immigration f Committee on Commerce. Reviews; Motion to Reopen: Suspension of EXECUTIVE COMMUNICATIONS, 9864. A letter from the Director, Office of Deportation and Cancellation of Removal ETC. Regulatory Management and Information, [EOIR No. 121P; AG Order No. 2162–98] re- Environmental Protection Agency, transmit- ceived June 15, 1998, pursuant to 5 U.S.C. Under clause 2 of rule XXIV, execu- ting the Agency’s final rule—Approval and 801(a)(1)(A); to the Committee on the Judici- tive communications were taken from Promulgation of Air Quality Implementa- ary. the Speaker’s table and referred as fol- tion Plans; Pennsylvania; Approval of VOC 9875. A letter from the Assistant Secretary lows: RACT Determinations for Individual Sources for Legislative Affairs, Department of State, [PA–4071a; FRL–6104–4] received June 23, 1998, transmitting the Department’s final rule— 9855. A letter from the Deputy Executive pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Documentation of Nonimmigrants Under Director, Commodity Futures Trading Com- mittee on Commerce. The Immigration And Nationality Act, As mission, transmitting the Commission’s 9865. A letter from the Director, Office of Amended—Place Of Application [Public No- final rule—Amendment to Regulation Con- Regulatory Management and Information, tice 2800] received June 15, 1998, pursuant to cerning Conduct of Members and Employees Environmental Protection Agency, transmit- 5 U.S.C. 801(a)(1)(A); to the Committee on the and Former Members and Employees of the ting the Agency’s final rule—Approval and Judiciary. Commission; Receipt and Disposition of For- Promulgation of Air Quality State Imple- 9876. A letter from the Deputy Associate eign Gifts and Decorations [17 CFR Part 1) mentation Plans, Louisiana; Correction Administrator for Procurement, National received June 19, 1998, pursuant to 5 U.S.C. [LA45–1–7383, FRL–6116–8] received June 23, Aeronautics and Space Administration, 801(a)(1)(A); to the Committee on Agri- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Administration’s final culture. Committee on Commerce. rule—NASA FAR Supplement; Miscellaneous 9856. A letter from the Administrator, Ag- 9866. A letter from the Director, Office of Changes [48 CFR Parts 1804, 1806, 1807, 1809, ricultural Marketing Service, Department of Regulatory Management and Information, 1822, 1833, 1842, 1852, 1871, and 1872] received Agriculture, transmitting the Department’s Environmental Protection Agency, transmit- June 11, 1998, pursuant to 5 U.S.C. final rule—Changes in Fees for Federal Meat ting the Agency’s final rule—Approval and 801(a)(1)(A); to the Committee on Science. Grading and Certification Services [No. LS– Promulgation of State Plans For Designated 9877. A letter from the Director, National 96–006] (RIN: 0581–AB44) received June 23, Facilities and Pollutants: Oregon [OR–2–0001; Oceanic and Atmospheric Administration, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the FRL—6115–5] received June 23, 1998, pursuant transmitting the Administration’s final Committee on Agriculture. to 5 U.S.C. 801(a)(1)(A); to the Committee on rule—NOAA Climate and Global Change Pro- 9857. A letter from the Administrator, Ag- Commerce. gram, Program Announcement [Docket No. ricultural Marketing Service, Department of 9867. A letter from the Secretary of Health 980413092–8092–01] (RIN: 0648–ZA39) received Agriculture, transmitting the Department’s and Human Services, transmitting the De- June 10, 1998, pursuant to 5 U.S.C. final rule—Irish Potatoes Grown in South- partment’s final rule—Medicare and Medic- 801(a)(1)(A); to the Committee on Science. eastern States; Increased Assessment Rate aid Programs; Hospital Conditions of Par- 9878. A letter from the Deputy General [Docket No. FV98–953–1 IFR] received June ticipation; Identification of Potential Organ, Counsel, Small Business Administration, 23, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Tissue, and Eye Donors and Transplant Hos- transmitting the Administration’s final the Committee on Agriculture. pitals’ Provision of Transplant-Related Data rule—Surety BOND Guarantees; Pilot Pre- 9858. A letter from the Acting Adminis- [HCFA–3005–F] (RIN: 0938–AI95) received ferred Surety BOND Guarantee Program [13 trator, Grain Inspection, Packers and Stock- June 19, 1998, pursuant to 5 U.S.C. CFR Part 115] received June 17, 1998, pursu- yards Administration, Department of Agri- 801(a)(1)(A); to the Committee on Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee culture, transmitting the Department’s final 9868. A communication from the President on Small Business. rule—Tolerances for Moisture Meters (RIN: of the United States, transmitting a report 9879. A letter from the Deputy General 0580–AA60) received June 23, 1998, pursuant to on the status of efforts to obtain Iraq’s com- Counsel, Small Business Administration, 5 U.S.C. 801(a)(1)(A); to the Committee on pliance with the resolutions adopted by the transmitting the Administration’s final Agriculture. U.N. Security Council, pursuant to Public rule—Business Loan Program [13 CFR Part 9859. A letter from the Acting Adminis- Law 102–1, section 3 (105 Stat. 4); (H. Doc. No. 120] received June 17, 1998, pursuant to 5 trator, Grain Inspection, Packers and Stock- 105–277); to the Committee on International U.S.C. 801(a)(1)(A); to the Committee on yards Administration, Department of Agri- Relations and ordered to be printed. Small Business. culture, transmitting the Department’s final 9869. A letter from the Assistant Secretary 9880. A letter from the Director, Office of rule—Official Testing Service for Corn Oil, for Legislative Affairs, Department of State, Regulations Management, Veterans Affairs, Protein, and Starch (RIN: 0580–AA62) re- transmitting certification of a proposed li- transmitting the Department’s final rule— ceived June 23, 1998, pursuant to 5 U.S.C. cense for the export of defense articles or de- Board of Veterans’ Appeals: Rules of Prac- 801(a)(1)(A); to the Committee on Agri- fense services sold under a contract to Ger- tice-—Continuation of Representation Fol- culture. many (Transmittal No. DTC–81–98), pursuant lowing Death of a Claimant or Apellant H5402 CONGRESSIONAL RECORD — HOUSE June 25, 1998 (RIN: 2900–A187) received June 17,1998, pursu- House Resolution 392. Referral to the Com- H.R. 4147. A bill to amend the Internal Rev- ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Ways and Means extended for a pe- enue Code of 1986 to increase the maximum on Veterans’ Affairs. riod ending not later than July 17, 1998. annual contribution to education individual 9881. A letter from the the Assistant Sec- H.R. 2281. Referral to the Committees on retirement accounts to $5,000 for higher edu- retary for Legislative Affairs, the Depart- Commerce and Ways and Means extended for cation purposes; to the Committee on Ways ment of State, transmitting Presidential De- a period ending not later than July 21, 1998. and Means. termination 98–28, stating that the further f By Mr. SMITH of Oregon: extension of the waiver authority granted by H.R. 4148. A bill to amend the Export Apple section 402 of the Trade Act of 1974, as PUBLIC BILLS AND RESOLUTIONS and Pear Act to limit the applicability of the amended, will substantially promote the ob- Under clause 5 of Rule X and clause 4 Act to apples; to the Committee on Agri- jectives of section 402 of the Act, and has fur- of Rule XXII, public bills and resolu- culture. ther determined that continuation of the tions were introduced and severally re- By Mr. SMITH of Oregon (for himself, waiver applicable to the Republic of Belarus ferred, as follows: Mr. COMBEST, Mr. HERGER, and Mr. will substantially promote the objectives of TAYLOR of North Carolina): section 402 of the Act; (H. Doc. No. 105–278); By Mr. SCHUMER (for himself and H.R. 4149. A bill to reduce overhead and to the Committee on Ways and Means and Mrs. LOWEY): other costs associated with the management ordered to be printed. H.R. 4138. A bill to encourage the identi- of the National Forest System, to improve f fication and return of stolen artwork; to the Committee on the Judiciary. the fiscal accountability of the Forest Serv- REPORTS OF COMMITTEES ON By Mr. BLILEY (for himself, Mr. WOLF, ice through an improved financial account- ing system, and for other purposes; to the PUBLIC BILLS AND RESOLUTIONS Mr. GOODE, Mr. PICKETT, Mr. BOU- CHER, Mr. DAVIS of Virginia, Mr. Committee on Agriculture. Under clause 2 of rule XIII, reports of GOODLATTE, Mr. BATEMAN, Mr. SCOTT, By Mr. STENHOLM (for himself, Mr. committees were delivered to the Clerk Mr. SISISKY, and Mr. MORAN of Vir- DOOLEY of California, Mr. MINGE, Mr. for printing and reference to the proper ginia): BOSWELL, and Mr. ETHERIDGE): calendar, as follows: H.R. 4139. A bill to amend the Internal Rev- H.R. 4150. A bill to appropriate funds nec- Mr. YOUNG of Alaska: Committee on Re- enue Code of 1986 to exclude from gross in- essary for United States participation in a sources. H.R. 2795. A bill to extend certain come amounts received under State pro- quota increase and the New Arrangements to contracts between the Bureau of Reclama- grams providing compensation for birth-re- Borrow of the International Monetary Fund, tion and irrigation water contractors in Wy- lated injuries; to the Committee on Ways and for other purposes; to the Committee on oming and Nebraska that receive water from and Means. Banking and Financial Services. Glendo Reservoir; with an amendment (Rept. By Mr. RADANOVICH (for himself, Mr. By Mr. SHADEGG (for himself, Mr. 105–604). Referred to the Committee of the EHRLICH, Mr. BOB SCHAFFER, Mr. CLEMENT, Ms. DELAURO, Mr. SAND- Whole House on the State of the Union. FORBES, Mr. CALVERT, Mr. MCCOL- ERS, Mr. HOSTETTLER, Mr. HOEKSTRA, Mr. CANADY: Committee on the Judici- LUM, and Mr. RIGGS): Mr. SOLOMON, Mr. COBURN, Mr. ary. H.R. 3682. A bill to amend title 18, H.R. 4140. A bill to amend the Internal Rev- BLUNT, Ms. KILPATRICK, Mr. United States Code, to prohibit taking mi- enue Code of 1986 to repeal the special taxes PASCRELL, Mr. WYNN, Ms. HOOLEY of nors across State lines to avoid laws requir- on wholesale and retail dealers in liquor and Oregon, Mr. SANDLIN, Mr. SOUDER, ing the involvement of parents in abortion beer, and for other purposes; to the Commit- Mr. FILNER, Mr. HINCHEY, Mr. MAN- decisions; with an amendment (Rept. 105– tee on Ways and Means. TON, Mr. GUTIERREZ, Ms. SANCHEZ, 605). Referred to the Committee of the Whole By Mr. GINGRICH (for himself, Mr. Ms. PELOSI, Mrs. THURMAN, Mr. House on the State of the Union. COLLINS, and Mr. DEAL of Georgia): PITTS, Ms. STABENOW, Mr. STUMP, Mr. Mr. THOMAS: Committee on House Over- H.R. 4141. A bill to amend the Act authoriz- ALLEN, Mr. ENGEL, Mr. VENTO, Mr. sight. H.R. 3748. A bill to amend the Federal ing the establishment of the Chattahoochee KLECZKA, Mr. SALMON, Mr. Election Campaign Act of 1971 to authorize River National Recreation Area to modify HAYWORTH, Mr. MCINTOSH, Mr. SES- appropriations for the Federal Election Com- the boundaries of the Area, and to provide SIONS, Ms. DUNN of Washington, Mr. mittee for fiscal year 1999, and for other pur- for the protection of lands, waters, and natu- BASS, and Mr. LARGENT): poses; with an amendment (Rept. 105–606). ral, cultural, and scenic resources within the H.R. 4151. A bill to amend chapter 47 of Referred to the Committee of the Whole national recreation area, and for other pur- title 18, United States Code, relating to iden- House on the State of the Union. poses; to the Committee on Resources. tity fraud, and for other purposes; to the Mr. GILMAN: Committee on International By Mr. WATTS of Oklahoma: Committee on the Judiciary. Relations. House Resolution 392. Resolution H.R. 4142. A bill to provide that the wage of By Mr. GEJDENSON (for himself, Mr. relating to the importance of Japanese- certain Department of Defense employees is NEAL of Massachusetts, Mr. GEP- American relations and the urgent need for determined by a recent wage survey; to the HARDT, Mr. BONIOR, Mr. FAZIO of Cali- Japan to more effectively address its eco- Committee on Government Reform and fornia, Mrs. KENNELLY of Connecti- nomic and financial problems and open its Oversight. cut, Mr. FROST, Mr. RANGEL, Mr. markets by eliminating informal barriers to By Mr. LANTOS (for himself, Ms. CLAY, Mr. POMEROY, Ms. STABENOW, trade and investment, thereby making a PELOSI, Ms. ESHOO, Mr. CAMPBELL, Mr. MATSUI, Mr. PAYNE, Mr. LEWIS of more effective contribution to leading the Mr. MILLER of California, Ms. WOOL- Georgia, Mr. YATES, Mr. SANDLIN, Asian region out of its current financial cri- SEY, Mr. STARK, Mrs. TAUSCHER, Ms. Ms. SANCHEZ, Mr. VENTO, Mr. UNDER- sis, insuring against a global recession, and LEE, and Ms. LOFGREN): WOOD, Mr. PASCRELL, Ms. DELAURO, H.R. 4143. A bill to revise the boundaries of reinforcing regional stability and security; Mr. FRANK of Massachusetts, Mr. the Golden Gate National Recreation Area, with amendments (Rept. 105–607 Pt. 1). Or- MCGOVERN, Mr. LANTOS, Ms. LEE, Mr. and for other purposes; to the Committee on dered to be printed. FILNER, Mr. TOWNS, Mrs. LOWEY, Mr. Resources. DISCHARGE OF COMMITTEE RAHALL, Mr. HINCHEY, Mr. BALDACCI, By Mr. KINGSTON: Mr. GORDON, Mr. ANDREWS, Mr. JEF- Pursuant to clause 5 of rule X the H.R. 4144. A bill to ensure the protection of FERSON, Mrs. MINK of Hawaii, Mr. Committees on Ways and Means and natural, cultural, and historical resources in PRICE of North Carolina, Mr. MAN- Rules discharged from further consid- Cumberland Island National Seashore and TON, Mr. DELAHUNT, Ms. CARSON, Mr. Cumberland Island Wilderness in the State of eration. H.R. 3849 referred to the Com- NADLER, Mr. LEVIN, and Mr. BORSKI): mittee of the Whole House on the State Georgia; to the Committee on Resources. By Mr. JACKSON: H.R. 4152. A bill to provide retirement se- of the Union. curity for all Americans; to the Committee Pursuant to clause 5 of rule X the fol- H.R. 4145. A bill to establish a program under the Secretary of Housing and Urban on Ways and Means, and in addition to the lowing action was taken by the Speak- Development to eliminate redlining in the Committees on Education and the Work- er: the Committee on Banking and Fi- insurance business; to the Committee on force, Government Reform and Oversight, nancial Services discharged from fur- Banking and Financial Services. and Transportation and Infrastructure, for a ther consideration. House Resolution By Mr. DEFAZIO (for himself, Ms. period to be subsequently determined by the 392 referred to the Committee of the FURSE, Mr. BLUMENAUER, Ms. HOOLEY Speaker, in each case for consideration of Whole House on the State of the Union. of Oregon, and Mr. WISE): such provisions as fall within the jurisdic- H.R. 4146. A bill to encourage States to re- tion of the committee concerned. f quire a holding period for any student ex- By Mr. ABERCROMBIE (for himself, TIME LIMITATION OF REFERRED pelled for bringing a gun to school; to the Mr. JEFFERSON, Mr. SHERMAN, Mr. BILL Committee on Education and the Workforce. PAYNE, Mr. UNDERWOOD, Mr. STEN- By Mr. FOX of Pennsylvania (for him- HOLM, Mr. FROST, Mrs. MINK of Ha- Pursuant to clause 5 of rule X the fol- self, Mr. HORN, Mr. FATTAH, Ms. waii, and Ms. BROWN of Florida): lowing action was taken by the Speak- STABENOW, Mr. FOLEY, Mrs. THUR- H.R. 4153. A bill to provide for equitable re- er: MAN, and Ms. JACKSON-LEE): tirement for military reserve technicians June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5403 who are covered under the Federal Employ- ation of such provisions as fall within the ju- By Mr. HERGER (for himself, Mr. ment Retirement System or the Civil Serv- risdiction of the committee concerned. CLEMENT, Mr. CRANE, Mr. SHAW, Mr. ice Retirement System; to the Committee on By Mrs. CAPPS: BUNNING of Kentucky, Mr. MCCRERY, Government Reform and Oversight. H.R. 4161. A bill to amend title 28, United Mr. CAMP, Mr. RAMSTAD, Mr. By Mr. ADERHOLT (for himself, Mr. States Code, to provide for an additional PORTMAN, Mr. WATKINS, Mr. DELAY, Mr. RILEY, Mr. TIAHRT, Mr. place of holding court for the Western Divi- HAYWORTH, Mr. CALVERT, Mr. RADAN- MCINTOSH, Mr. PITTS, Mr. PICKERING, sion of the Central Judicial District of Cali- OVICH, Mr. POMBO, Mr. COMBEST, Mr. Mrs. CHENOWETH, Mr. HOSTETTLER, fornia; to the Committee on the Judiciary. BEREUTER, Mr. PAPPAS, Mrs. Mr. SOUDER, and Mr. GRAHAM): By Mrs. CHENOWETH: CHENOWETH, Mr. HUNTER, Mr. H.R. 4154. A bill to declare rights to reli- H.R. 4162. A bill to improve public under- HILLEARY, and Ms. DANNER): gious liberty; to the Committee on the Judi- standing of, and access to, the information H.R. 4172. A bill to require the Commis- ciary. and reasoning supporting significant Federal sioner of Social Security to provide prisoner By Mr. LAZIO of New York (for him- agency rulemaking proposals by specifying a information obtained from the States to self, Mr. STARK, Mr. HASTERT, Mr. consistent and informative format for Fed- Federal and federally assisted benefit pro- CAMP, Mrs. KELLY, Mrs. MORELLA, eral Register notices of such rulemaking ac- grams as a means of preventing the erro- Mr. ROGAN, Mr. EHLERS, and Mr. BAR- tions; to the Committee on the Judiciary. neous provision of benefits to prisoners; to RETT of Wisconsin): By Mr. CLAY: the Committee on Ways and Means. H.R. 4155. A bill to amend title XIX of the H.R. 4163. A bill to direct the Secretary of By Mr. HOUGHTON (for himself, Mr. Social Security Act to extend the authority the Interior to install a plaque commemorat- LEVIN, Mr. CRANE, Mr. MATSUI, Mr. of State Medicaid fraud control units to in- ing the Dred Scott decision at the entrance SAM JOHNSON, Mr. HERGER, Mr. vestigate and prosecute fraud in connection to the Old Court House in the Jefferson Na- ENGLISH of Pennsylvania, and Mr. with Federal health care programs and abuse tional Expansion Memorial; to the Commit- NEAL of Massachusetts): of residents of board and care facilities; to tee on Resources. H.R. 4173. A bill to amend the Internal Rev- the Committee on Commerce. By Mr. COBLE: enue Code of 1986 to simplify certain rules re- By Mr. ALLEN: H.R. 4164. A bill to amend title 28, United lating to the taxation of United States busi- H.R. 4156. A bill to limit the disposal of States Code, with respect to the enforcement ness operating abroad, and for other pur- former naval vessels and Maritime Adminis- of child custody and visitation orders; to the poses; to the Committee on Ways and Means. tration vessels for purpose of scrapping Committee on the Judiciary. By Mr. KASICH: abroad and to require the Secretary of the By Mr. CRANE: H.R. 4174. A bill to amend the Congres- Navy to carry out a ship scrapping pilot pro- H.R. 4165. A bill to amend the Internal Rev- sional Budget and Impoundment Control Act gram; to the Committee on National Secu- enue Code of 1986 to provide an exemption of 1974 to provide for the expedited consider- rity, and in addition to the Committee on from the gas guzzler tax for automobiles ation of certain proposed rescissions of budg- Transportation and Infrastructure, for a pe- that are lengthened by certain small manu- et authority; to the Committee on the Budg- riod to be subsequently determined by the facturers; to the Committee on Ways and et, and in addition to the Committee on Means. Speaker, in each case for consideration of Rules, for a period to be subsequently deter- By Mr. CRAPO (for himself and Mrs. such provisions as fall within the jurisdic- mined by the Speaker, in each case for con- CHENOWETH): tion of the committee concerned. sideration of such provisions as fall within H.R. 4166. A bill to amend the Idaho Admis- By Mr. BARR of Georgia (for himself, the jurisdiction of the committee concerned. sion Act regarding the sale or lease of school By Mr. KUCINICH (for himself, Mr. PE- Mr. LINDER, Mr. NEY, Mr. DEAL of land; to the Committee on Resources. TERSON of Pennsylvania, Mr. RO- Georgia, Mr. CHAMBLISS, and Mr. By Mrs. EMERSON (for herself, Mr. MERO-BARCELO, Mr. ABERCROMBIE, NORWOOD): MCHUGH, Mr. CALVERT, Mr. WATTS of H.R. 4157. A bill to amend the Clean Air Mrs. MCCARTHY of New York, Mr. Oklahoma, Ms. DANNER, Mr. ROMERO- Act to modify the application of certain pro- LATOURETTE, Mr. MARTINEZ, Mr. BARCELO, Mr. BLUNT, and Mr. BARR of visions regarding the inclusion of entire ENGLISH of Pennsylvania, Mr. HILL- Georgia): metropolitan statistical areas within non- IARD, Ms. WOOLSEY, Ms. CARSON, Ms. H.R. 4167. A bill to amend the Internal Rev- CHRISTIAN-GREEN, Mr. FORD, Mr. attainment areas, and for other purposes; to enue Code of 1986 to allow a refundable credit the Committee on Commerce. NADLER, Mr. HINOJOSA, Mr. SANDERS, to military retirees for premiums paid for Mr. FROST, Ms. LOFGREN, and Ms. By Mr. BARTLETT of Maryland: coverage under Medicare part B; to the Com- H.R. 4158. A bill to authorize the private VELAZQUEZ): mittee on Ways and Means, and in addition ownership and use of certain secondary H.R. 4175. A bill to promote youth entre- to the Committee on Commerce, for a period structures and surplus lands administered as preneurship education and training; to the to be subsequently determined by the Speak- Committee on Education and the Workforce. part of any national historical park that are er, in each case for consideration of such pro- not consistent with the purposes for which By Mr. MARKEY: visions as fall within the jurisdiction of the H.R. 4176. A bill to amend the Communica- the park was established, if adequate protec- committee concerned. tions Act of 1934 to protect consumers tion of natural, aesthetic, recreational, cul- By Mr. FILNER: against ’spamming’, ’slamming’, and ’cram- tural, and historical values is assured by ap- H.R. 4168. A bill to amend title 38, United ming’, and for other purposes; to the Com- propriate terms, convenants, conditions, or States Code, to provide the same level of mittee on Commerce. reservations; to the Committee on Re- health care for certain Filipino World War II By Mrs. MINK of Hawaii (for herself, sources. veterans residing in the Philippines that vet- Mr. ABERCROMBIE, Mr. FILNER, Mr. By Mr. BLUNT (for himself, Mr. SES- erans residing in the United States receive; GILMAN, and Ms. ROYBAL-ALLARD): SIONS, Mr. HALL of Texas, Mrs. EMER- to the Committee on Veterans’ Affairs. H.R. 4177. A bill to amend the Social Secu- SON, Mr. SHIMKUS, Mr. MCCOLLUM, By Mr. FORBES: rity Act to further extend health care cov- Mr. HILL, Mr. REGULA, Mr. LEWIS of H.R. 4169. A bill to improve educational fa- erage under the Medicare program; to the Kentucky, Mr. PITTS, Ms. GRANGER, cilities, reduce class size, provide parents Committee on Ways and Means, and in addi- Mr. SOUDER, Mr. SNOWBARGER, Mrs. with additional educational choices for their tion to the Committee on Commerce, for a MYRICK, Mr. GUTKNECHT, and Ms. children, and for certain other purposes; to period to be subsequently determined by the PRYCE of Ohio): the Committee on Education and the Work- Speaker, in each case for consideration of H.R. 4159. A bill to amend section 1926 of force, and in addition to the Committee on such provisions as fall within the jurisdic- the Public Health Service Act to waive sanc- Ways and Means, for a period to be subse- tion of the committee concerned. tions against a State that provides for driv- quently determined by the Speaker, in each By Mr. PRICE of North Carolina: ers’-license-related sanctions for minors who case for consideration of such provisions as H.R. 4178. A bill to amend the Internal Rev- purchase or possess tobacco products for per- fall within the jurisdiction of the committee enue Code of 1986 to provide that periods of sonal consumption; to the Committee on concerned. leave required to be permitted by the Family Commerce. By Mr. GUTKNECHT (for himself and and Medical Leave Act of 1993 shall be treat- By Mr. BONILLA (for himself and Mr. Ms. ESHOO): ed as hours of service for purposes of the pen- DICKS): H.R. 4170. A bill to amend title IV of the sion participation and vesting rules; to the H.R. 4160. A bill to amend title XVIII of the Public Health Service Act to establish a Na- Committee on Ways and Means, and in addi- Social Security Act to provide for a special tional Center for Bioengineering Research; tion to the Committee on Education and the enrollment period for certain military retir- to the Committee on Commerce. Workforce, for a period to be subsequently ees and their dependents to enroll under part By Mr. HALL of Ohio: determined by the Speaker, in each case for B of such title, without penalty for late en- H.R. 4171. A bill to direct the Secretary of consideration of such provisions as fall with- rollment, in order to participate in the Transportation to conduct a study and trans- in the jurisdiction of the committee con- TRICARE Senior Prime demonstration sites mit a report to Congress on improving the cerned. pursuant to the Balanced Budget Act of 1997; safety of persons present at roadside emer- By Mr. RUSH: to the Committee on Commerce, and in addi- gency scenes and to encourage States to H.R. 4179. A bill to authorize qualified or- tion to the Committee on Ways and Means, enact and enforce laws based upon that re- ganizations to provide technical assistance for a period to be subsequently determined port; to the Committee on Transportation and capacity building services to micro- by the Speaker, in each case for consider- and Infrastructure. enterprise development organizations and H5404 CONGRESSIONAL RECORD — HOUSE June 25, 1998 programs and to disadvantaged entre- subsequently determined by the Speaker, in emancipation of African slaves in the Danish preneurs using funds from the Community each case for consideration of such provi- West Indies, now the United States Virgin Is- Development Financial Institutions Fund, sions as fall within the jurisdiction of the lands, to the American Declaration of Inde- and for other purposes; to the Committee on committee concerned. pendence from the British Government; to Banking and Financial Services. By Mr. STEARNS (for himself, Mr. the Committee on the Judiciary. By Mr. SAXTON (for himself and Mr. STUMP, Mr. SNYDER, Mr. HAYWORTH, By Mr. TIAHRT: DELAHUNT): and Mr. FILNER): H. Res. 496. A resolution amending the H.R. 4180. A bill to reduce fishing capacity H.R. 4188. A bill to amend title 38, United Rules of the House of Representatives to re- in United States fisheries; to the Committee States Code, to provide for a portion of funds quire a three-fifths vote to increase the min- on Resources. received from national tobacco legislation to imum wage; to the Committee on Rules. By Mr. SHERMAN (for himself, Mr. be made available for health care for veter- By Mr. TRAFICANT: SAXTON, Mr. SALMON, Ms. MCCARTHY ans; to the Committee on Veterans’ Affairs. H. Res. 497. A resolution amending the of Missouri, Mr. PALLONE, Mr. By Mr. THOMPSON (for himself, Mr. Rules of the House of Representatives to re- MCNULTY, Ms. ROS-LEHTINEN, Mr. UNDERWOOD, Mr. BECERRA, Mr. KIL- quire a two-thirds vote on any bill or joint WATTS of Oklahoma, Mr. LOBIONDO, DEE, Mrs. MINK of Hawaii, Ms. WA- resolution that either authorizes the Presi- Mr. PAPPAS, Mr. ENGLISH of Pennsyl- TERS, Ms. BROWN of Florida, Mr. dent to enter into a trade agreement that is vania, Mr. FORBES, Mr. HAYWORTH, BROWN of California, Ms. CARSON, Ms. implemented pursuant to fast-track proce- Mr. RYUN, Mr. CALVERT, and Mr. CHRISTIAN-GREEN, Mr. CLAY, Mr. CLY- dures or that implements a trade agreement SNOWBARGER): BURN, Mr. CONYERS, Mr. CUMMINGS, pusuant to such procedures; to the Commit- H.R. 4181. A bill to require the expenditure Mr. DAVIS of Illinois, Mr. DIXON, Mr. tee on Rules. ENGEL, Mr. FATTAH, Mr. of funds for the construction of United f States chancery facilities in Berlin and Jeru- FALEOMAVAEGA, Mr. FILNER, Ms. salem in such a manner as to ensure com- FURSE, Mr. FORD, Mr. GUTIERREZ, Mr. MEMORIALS HASTINGS of Florida, Mr. HINOJOSA, parable rates of construction and occupation Under clause 4 of rule XXII, memori- of the 2 facilities; to the Committee on Inter- Mr. HILLIARD, Mr. HINCHEY, Mr. national Relations. JACKSON, Ms. JACKSON-LEE, Ms. als were presented and referred as fol- By Mr. SNYDER (for himself, Mr. EDDIE BERNICE JOHNSON of Texas, Ms. lows: BERRY, Mr. HUTCHINSON, Mr. DICKEY, KILPATRICK, Mr. LANTOS, Ms. LEE, L035. The SPEAKER presented a memorial Mr. LEWIS of Georgia, and Mr. Mr. LEWIS of Georgia, Mr. MATSUI, of the Senate of the State of Colorado, rel- THOMPSON): Mr. MEEKS of New York, Mrs. MEEK ative to Senate Joint Memorial 98–001 memo- H.R. 4182. A bill to establish the Little of Florida, Mr. MCDERMOTT, Ms. rializing Congress to adopt legislation Rock Central High School National Historic MILLENDER-MCDONALD, Mr. NADLER, amending 4 U.S.C. sec. 114 to include sever- Site in the State of Arkansas, and for other Ms. NORTON, Mr. OWENS, Mr. PASTOR, ance payments and termination payments purposes; to the Committee on Resources. Mr. PAYNE, Ms. PELOSI, Mr. RANGEL, within the retirement income of a non- By Mr. SOLOMON (for himself, Mr. Mr. RODRIGUEZ, Mr. ROMERO- resident individual upon which states may HOUGHTON, and Mr. TOWNS): BARCELO, Ms. ROYBAL-ALLARD, Mr. not impose income tax; to the Committee on H.R. 4183. A bill to protect the Nation’s RUSH, Mr. SCOTT, Mr. SERRANO, Mr. the Judiciary. electricity ratepayers by amending the Pub- STOKES, Mr. TORRES, Mr. TOWNS, Ms. f lic Utility Regulatory Policies Act of 1978 to VELAZQUEZ, Mr. WAXMAN, Mr. WYNN, ensure that rates charged by qualifying Mr. MEEHAN, and Mr. GEPHARDT): ADDITIONAL SPONSORS small power producers and qualifying co- H.R. 4189. A bill to amend the Public Under clause 4 of rule XXII, sponsors generators do not exceed the incremental Health Service Act to establish authorities cost to the purchasing utility of alternative of the departmental Office of Minority were added to public bills and resolu- electric energy at the time of delivery, and Health with respect to tobacco products, and tions as follows for other purposes; to the Committee on for other purposes; to the Committee on H.R. 80: Mr. PAPPAS. Commerce. Commerce. H.R. 121: Mr. ROYCE. By Ms. STABENOW (for herself, Mr. By Mr. WELLER (for himself and Mr. H.R. 145: Ms. WATERS, Ms. ROYBAL-ALLARD, KILDEE, Ms. LOFGREN, Mr. MORAN of NEAL of Massachusetts): Mr. BALDACCI, Mr. DAVIS of Florida, and Mr. Virginia, Mr. KIND of Wisconsin, Mr. H.R. 4190. A bill to suspend temporarily the PAYNE. SAWYER, Ms. HOOLEY of Oregon, Mr. duty on a certain drug substance used as an H.R. 350: Mr. YATES, Ms. SLAUGHTER, Mr. WEYGAND, and Mr. MCGOVERN): HIV antiviral drug; to the Committee on DOOLEY of California, Mr. PICKERING, Mr. H.R. 4184. A bill to amend the Internal Rev- Ways and Means. ROTHMAN, Mr. WALSH, Mr. SNOWBARGER, Mr. enue Code of 1986 to provide incentives to el- By Mr. WELLER (for himself and Mr. MCNULTY, Mr. MORAN of Virginia, and Mr. ementary and secondary teachers for acqui- NEAL of Massachusetts): DAVIS of Virginia. H.R. 4191. A bill to suspend temporarily the sition of computer hardware and software; to H.R. 352: Mr. LUTHER and Mr. PAPPAS. duty on certain drug substances used as an the Committee on Ways and Means. H.R. 414: Mr. LUTHER and Mr. ROYCE. HIV antiviral drug; to the Committee on By Ms. STABENOW (for herself, Mr. H.R. 502: Mr. ROYCE. Ways and Means. KILDEE, Ms. LOFGREN, Mr. MORAN of H.R. 547: Mr. LUTHER. By Mr. YOUNG of Alaska (for himself, Virginia, Mr. KIND of Wisconsin, Mr. H.R. 593: Mr. ROYCE. Mr. MILLER of California, and Mr. SAWYER, Ms. HOOLEY of Oregon, Mr. H.R. 603: Mr. ROYCE and Mr. PAPPAS. HAYWORTH): WEYGAND, Mr. MCGOVERN, and Mr. H.R. 699: Mr. GOODLATTE. H.R. 4192. A bill to amend the Internal Rev- LEVIN): H.R. 718: Mr. PAPPAS. enue Code of 1986 to clarify the tax treat- H.R. 4185. A bill to amend the Internal Rev- H.R. 915: Ms. LEE, Mrs. LINDA SMITH of ment of Settlement Trusts established pur- enue Code of 1986 to provide incentives to el- Washington, and Mr. WAXMAN. suant to the Alaska Native Claims Settle- ementary and secondary teachers for tech- H.R. 959: Mr. UPTON and Mr. PASCRELL. ment Act; to the Committee on Ways and nology-related training for purposes of inte- H.R. 972: Mr. BACHUS. Means. grating educational technologies into the H.R. 993: Mr. ROYCE. By Mr. BARR of Georgia: courses taught in our Nation’s classrooms; to H.J. Res. 124. A joint resolution proposing H.R. 1005: Mr. BACHUS and Mr. PAPPAS. the Committee on Ways and Means. an amendment to the Constitution of the H.R. 1126: Ms. STABENOW and Mr. BAESLER. By Mr. STARK: United States to authorize the line item H.R. 1140: Mr. BARCIA of Michigan. H.R. 4186. A bill to amend title XVIII of the veto; to the Committee on the Judiciary. H.R. 1173: Ms. NORTON, Mr. BOEHLERT, Mr. Social Security Act to provide flexibility in By Mr. GINGRICH (for himself and Mr. GILMAN, and Mr. KANJORSKI. contracting for claims processing under the GILMAN): H.R. 1231: Mr. LUCAS of Oklahoma. Medicare program; to the Committee on H.J. Res. 125. A joint resolution finding the H.R. 1232: Mr. LEWIS of Georgia. Ways and Means, and in addition to the Com- Government of Iraq in material and unac- H.R. 1334: Mr. LAZIO of New York. mittee on Commerce, for a period to be sub- ceptable breach of its international obliga- H.R. 1340: Mr. PAPPAS. sequently determined by the Speaker, in tions; to the Committee on International Re- H.R. 1401: Mr. LAMPSON and Mr. BALDACCI. each case for consideration of such provi- lations. H.R. 1410: Mr. GOODLING. sions as fall within the jurisdiction of the By Mr. GOSS: H.R. 1438: Mr. BACHUS. committee concerned. H. Con. Res. 297. Concurrent resolution H.R. 1475: Mr. PAPPAS. By Mr. STARK: providing for an adjournment of the two H.R. 1524: Mr. CAMP. H.R. 4187. A bill to amend title XVIII of the Houses; considered and agreed to. H.R. 1571: Mr. DIXON. Social Security Act to require disclosure of By Ms. CHRISTIAN-GREEN (for her- H.R. 1577: Mr. BACHUS. certain information about benefit manage- self, Ms. KILPATRICK, Ms. JACKSON- H.R. 1666: Mr. ROYCE. ment for prescription drugs by Medi- LEE, Mr. JEFFERSON, and Mr. CON- H.R. 1699: Mr. FROST. careChoice organizations; to the Committee YERS): H.R. 1711: Mr. BARCIA of Michigan, Mr. on Ways and Means, and in addition to the H. Res. 495. A resolution relating to the CANNON, Mr. DOYLE, Mrs. CUBIN, and Mr. Committee on Commerce, for a period to be recognition of the connection between the MCINNIS. June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5405

H.R. 1756: Mr. SCHUMER, Mr. HINCHEY, Mr. Mr. STENHOLM, Mr. TORRES, Ms. WOOLSEY, BALDACCI, Mr. MANTON, Mr. CRAMER, and Mr. ENGEL, and Mr. ACKERMAN. Mr. YATES, Mr. COBURN, Mr. TALENT, Mr. QUINN. H.R. 1821: Ms. FURSE, Mr. ENGLISH of Penn- ALLEN, Mr. HEFNER, Mr. LANTOS, Mr. H.R. 3981: Mr. BEREUTER, Mr. LEACH, Mr. sylvania, Mrs. MALONEY of New York, and MCDERMOTT, Mr. MCHALE, Mr. TAYLOR of LIPINSKI, Mr. CUNNINGHAM, Mr. MCKEON, Mr. Mr. COOK. Mississippi, Mr. SMITH of Texas, and Mr. MCINTOSH, Ms. FURSE, and Mr. ROMERO- H.R. 1828: Mr. BACHUS and Mr. PAPPAS. PAPPAS. BARCELO. H.R. 1864: Mr. PAPPAS. H.R. 3514: Mr. MALONEY of Connecticut and H.R. 3994: Mr. CAMP. H.R. 1951: Mr. NEY. Mr. RANGEL. H.R. 3995: Ms. LOFGREN. H.R. 1975: Mr. LAFALCE, Mr. DAVIS of Illi- H.R. 3523: Mr. MARTINEZ. H.R. 4009: Mr. FROST, Ms. DELAURO, Mr. nois, and Mr. OLVER. H.R. 3524: Mr. POMEROY, Ms. HOOLEY of Or- DOOLEY of California, Mr. SANDLIN, Mr. H.R. 1995: Mr. BERRY. egon, Mr. BERMAN, and Mr. PRICE of North ROTHMAN, Mr. EVANS, Ms. ROYBAL-ALLARD, H.R. 2001: Mr. BARCIA of Michigan. Carolina. and Mr. HOYER. H.R. 2026: Mr. DEUTSCH and Mr. NADLER. H.R. 3551: Ms. PELOSI. H.R. 4016: Mr. GRAHAM. H.R. 2053: Mr. GREEN. H.R. 3567: Mr. LEWIS of Georgia, Ms. CAR- H.R. 4018: Mr. REYES, Mr. BROWN of Califor- H.R. 2070: Mr. MCNULTY. SON, and Mr. MARTINEZ. nia, Mr. LANTOS, and Mr. ALLEN. H.R. 2174: Ms. PRYCE of Ohio, Mr. SABO, and H.R. 3570: Mr. WEYGAND. H.R. 4019: Mr. RAMSTAD. Mr. WYNN. H.R. 3572: Mrs. ROUKEMA, Mr. SANDERS, Mr. H.R. 4028: Mr. DEFAZIO, Ms. JACKSON-LEE, H.R. 2276: Mr. GOODLING. BOEHLERT, Mr. MORAN of Virginia, Mr. Mr. BENTSEN, Mr. WAXMAN, Mr. TOWNS, Mr. H.R. 2332: Mr. FRANK of Massachusetts. EHLERS, Mrs. CUBIN, Mr. PORTER, Mr. DUN- FROST, Ms. ESHOO, and Mr. ROEMER. H.R. 2379: Mr. WATT of North Carolina. CAN, Ms. PRYCE of Ohio, and Mr. TAYLOR of H.R. 4030: Ms. ROYBAL-ALLARD, Mr. LA- H.R. 2490: Mr. ROYCE. North Carolina. FALCE, Mr. CLYBURN, Ms. ESHOO, Mr. BER- H.R. 2499: Mr. FORD, Ms. SANCHEZ, Ms. ROY- H.R. 3610: Mr. TALENT. MAN, Mr. HILLIARD, and Mr. KILDEE. BAL-ALLARD, Mr. MORAN of Virginia, and Mr. H.R. 3615: Mr. NEAL of Massachusetts. H.R. 4031: Mr. RAHALL and Mrs. THURMAN. SMITH of New Jersey. H.R. 3651: Mrs. MALONEY of New York and H.R. 4065: Mr. HERGER, Mrs. LINDA SMITH of H.R. 2509: Mr. MILLER of California. Mrs. LOWEY. Washington, Mr. BALLENGER, Mr. TALENT, H.R. 2526: Mr. SESSIONS. H.R. 3652: Mr. PASTOR, Mr. MANTON, Mr. Mr. THORNBERRY, and Mr. PORTER. H.R. 2592: Mr. WICKER. HINCHEY, Mr. TOWNS, and Mr. FORBES. H.R. 4070: Mr. OLVER, Mr. KENNEDY of Mas- H.R. 2609: Mr. MICA. H.R. 3667: Ms. DANNER. sachusetts, Mr. RAHALL, Mr. COSTELLO, Mr. H.R. 2699: Mr. GOODE. H.R. 3674: Mr. MCHUGH, Mr. TRAFICANT, and BALDACCI, Mr. MCDERMOTT, and Mr. BOU- H.R. 2713: Mr. SNYDER. Mr. STUPAK. CHER. H.R. 2727: Mr. TRAFICANT and Mr. DEFAZIO. H.R. 3682: Mr. BERRY, Mr. COSTELLO, and H.R. 4075: Mr. EHLERS. H.R. 2733: Mr. DEFAZIO, Mr. DAVIS of Flor- Mr. RILEY. H.R. 4092: Mr. FROST, Ms. LOFGREN, Mr. ida, Mrs. MEEK of Florida, Mr. ENGEL, Mr. H.R. 3704: Mr. CALLAHAN and Mr. BOEH- MALONEY of Connecticut, and Mr. HILLIARD. SKELTON, Mr. LIPINSKI, Mr. CONDIT, Mr. PE- LERT. H.R. 4096: Mr. BONILLA. TERSON of Minnesota, Mr. BOSWELL, and Mr. H.R. 3779: Ms. HARMAN, Ms. ESHOO, Mr. H.R. 4110: Mr. ROMERO-BARCELO and Mr. LANTOS. LATOURETTE, Mr. FORBES, Mr. ALLEN, Mr. BISHOP. H.R. 2748: Mr. PICKERING. DAVIS of Illinois, and Mrs. THURMAN. H.R. 4117: Mr. NADLER, Mrs. LOWEY, and H.R. 2754: Mr. FARR of California and Mr. H.R. 3780: Mr. WELLER and Ms. WOOLSEY. Mr. SCHUMER. SISISKY. H.R. 3783: Mr. HALL of Texas, Ms. DANNER, H.R. 4118: Ms. DEGETTE. H.R. 2755: Mrs. THURMAN, Mr. MALONEY of Mr. CALLAHAN, and Mr. WELDON of Florida. H.R. 4121: Mr. FOLEY, Mr. CANADY of Flor- Connecticut, Mr. CAMPBELL, Mr. LOBIONDO, H.R. 3788: Mr. HOUGHTON, Mr. WATKINS, and ida, and Mr. MEEHAN. and Mr. PASCRELL. Mr. RAMSTAD. H.R. 4134: Ms. STABENOW, Mrs. TAUSCHER, H.R. 2817: Ms. HOOLEY of Oregon, Mr. H.R. 3821: Mr. COLLINS, Mr. HAYWORTH, Mr. and Mr. MATSUI. HINOJOSA, and Ms. HARMAN. BLAGOJEVICH, Mr. NEY, Mr. BUNNING of Ken- H.J. Res. 123: Mr. SUNUNU, Mr. PETERSON of H.R. 2819: Mr. BUNNING of Kentucky, Mr. tucky, Mr. PAPPAS, Mr. MCINTOSH, Mr. Pennsylvania, Mr. HALL of Texas, and Mr. MCNULTY, and Mr. DAVIS of Florida. COYNE, Mr. CHABOT, Mr. GREENWOOD, Mrs. HILLEARY. H.R. 2820: Mr. SANDLIN. EMERSON, Mr. CONDIT, Mr. BOEHNER, Mrs. H. Con. Res. 27: Mr. SANDLIN. H.R. 2849: Mr. ABERCROMBIE, Mrs. KENNELLY of Connecticut, Mr. DREIER, Mr. H. Con. Res. 52: Mr. HILLEARY and Mr. ROE- MORELLA, Mr. CUMMINGS, Mr. LANTOS, Mr. SESSIONS, and Mr. BARTON of Texas. MER. BILBRAY, Mrs. MALONEY of New York, Ms. H.R. 3865: Mr. YATES, Mr. COSTELLO, and H. Con. Res. 154: Mr. CAMPBELL. H. Con. Res. 181: Mr. MOLLOHAN. BROWN of Florida, and Mr. NEAL of Massa- Mr. CONDIT. H. Con. Res. 203: Mr. GILLMOR, Mr. HEFNER, chusetts. H.R. 3868: Mr. UNDERWOOD, Mr. ADAM SMITH Mr. PAPPAS, Mr. HILL, Mr. TURNER, Mr. H.R. 2867: Mr. KING of New York. of Washington, Mr. HINOJOSA, Mr. TORRES, ETHERIDGE, Mr. PAUL, Mr. FOLEY, and Mr. H.R. 2956: Mr. FATTAH. Mr. ROMERO-BARCELO, Ms. MCCARTHY of Mis- EFFERSON H.R. 2963: Mr. SHAYS. souri, Ms. HARMAN, Mr. MARTINEZ, Ms. J . H. Con. Res. 210: Mr. HOBSON. H.R. 3053: Ms. CHRISTIAN-GREEN. VELAZQUEZ, Mr. SERRANO, Mr. BECERRA, Mr. H. Con. Res. 229: Mr. CANADY of Florida and H.R. 3063: Mr. ROYCE. TIERNEY, Mr. SKAGGS, Mr. ALLEN, Mrs. KEN- Mr. PASTOR. H.R. 3137: Mr. FORD and Ms. CARSON. NELLY of Connecticut, Mr. BRADY of Pennsyl- H. Con. Res. 264: Mr. COMBEST and Mr. H.R. 3217: Mr. COOK. vania, Mr. FALEOMAVAEGA, and Mr. DEUTSCH. MANZULLO. H.R. 3236: Mr. INGLIS of South Carolina. H.R. 3869: Mr. PETRI, Mr. NADLER, Mr. H. Con. Res. 274: Mr. GIBBONS, Mr. LANTOS, H.R. 3243: Mr. DEAL of Georgia. BATEMAN, Ms. DANNER, Mr. KIM, Mr. Mr. NEAL of Massachusetts, and Mr. HOBSON. H.R. 3251: Ms. KILPATRICK, Mr. MATSUI, and CUMMINGS, Mr. MCCOLLUM, Mr. MASCARA, Ms. H. Con. Res. 278: Mr. CUNNINGHAM, MR. Mr. BROWN of California. GRANGER, Mrs. TAUSCHER, Mr. QUINN, Mrs. SNOWBARGER, Ms. CHRISTIAN-GREEN, Mr. CAL- H.R. 3267: Mr. KLUG, Mr. QUINN, Mr. FOWLER, Mr. MICA, Mr. FRANKS of New Jer- VERT, Mr. DELAY, Mr. STUMP, and Mr. CAN- MCHUGH, Mr. RADANOVICH, Mr. BUYER, Mr. sey, Mr. HORN, Mr. CLYBURN, Mr. FILNER, Mr. NON. SPENCE, Mr. WATTS of Oklahoma, and Mr. SANDLIN, Mr. BLUMENAUER, Ms. MILLENDER- H. Con. Res. 283: Mr. SCARBOROUGH, MR. SAXTON. MCDONALD, Mr. PASCRELL, Mr. JOHNSON of DIXON, Mr. MENENDEZ, Mr. NADLER, Mr. HIN- H.R. 3281: Mr. BROWN of California, Ms. Wisconsin, Mr. BOSWELL, Mr. MCGOVERN, Mr. CHEY, Mr. SKAGGS, Mr. BORSKI, Mr. FARR of ESHOO, Mr. FROST, Ms. SANCHEZ, and Mr. BALDACCI, Mr. BERRY, Mr. TORRES, Mr. California, Ms. WOOLSEY, Mr. PAPPAS, Mr. TIERNEY. GILCHREST, Mr. BASS, Mr. LAHOOD, Mr. LOBIONDO, and Mr. FRANK of Massachusetts. H.R. 3290: Mr. HORN, Mr. GILMAN, Mr. THUNE, Mr. FOSSELLA, Mr. EHLERS, Mr. PICK- H. Con. Res. 292: Ms. JACKSON-LEE. ROTHMAN, and Mr. GILCHREST. ERING, and Mr. FOX of Pennsylvania. H. Res. 381: Mrs. ROUKEMA. H.R. 3318: Ms. PRYCE of Ohio and Ms. NOR- H.R. 3875: Ms. FURSE. H. Res. 406: Mr. FARR of California. TON. H.R. 3905: Mr. BRYANT, Mr. RAHALL, and H. Res. 469: Ms. MILLENDER-MCDONALD, Mr. H.R. 3341: Ms. FURSE. Mr. CONYERS. LAMPSON, and Mr. CALVERT. H.R. 3342: Ms. KILPATRICK. H.R. 3917: Mr. ISTOOK. H. Res. 475: Mr. HOUGHTON, Mr. HALL of H.R. 3435: Mr. BOSWELL and Mr. MARTINEZ. H.R. 3918: Ms. FURSE, Mr. MCGOVERN, and Ohio, Mrs. MORELLA, Mr. BENTSEN, Mr. MEE- H.R. 3499: Mr. FATTAH and Mr. DAVIS of Mr. YATES. HAN, Mr. OLVER, Mr. FILNER, Mr. ETHERIDGE, Virginia. H.R. 3946: Mr. GILMAN and Mr. PALLONE. Mr. TIERNEY, Mr. BILBRAY, Mr. HILLIARD, Mr. H.R. 3501: Mr. MOLLOHAN. H.R. 3949: Mr. BUNNING of Kentucky, Mr. BONIOR, Mr. MCGOVERN, and Ms. LOFGREN. H.R. 3506: Mr. HILLIARD, Mr. BARRETT of DEAL of Georgia, Mr. RAHALL, Mr. HILL, Mr. H. Res. 483: Mr. HILLIARD and Mr. HASTINGS Wisconsin, Mrs. THURMAN, Mr. CHRISTENSEN, YOUNG of Alaska, Mr. WATKINS, Mr. of Florida. Mr. CRAPO, Mr. ENSIGN, Mr. WELLER, Mr. ADERHOLT, Mr. TALENT, Mr. NORWOOD, Mr. GEJDENSON, Ms. HARMAN, Mr. KANJORSKI, Ms. KINGSTON, and Mr. COLLINS. f LOFGREN, Mr. LUTHER, Mrs. MCCARTHY of H.R. 3980: Mr. BILIRAKIS, Mr. BUYER, Mr. DISCHARGE PETITIONS New York, Ms. MCCARTHY of Missouri, Mr. EVERETT, Mrs. CHENOWETH, Mr. SNYDER, Mr. OLVER, Ms. PELOSI, Mr. POSHARD, Mr. ROE- BACHUS, Mr. HAYWORTH, Ms. BROWN of Flor- Under clause 3 of rule XXVII, the fol- MER, Ms. ROYBAL-ALLARD, Ms. SLAUGHTER, ida, Mr. REYES, Mr. RODRIGUEZ, Mr. lowing discharge petition was filed: H5406 CONGRESSIONAL RECORD — HOUSE June 25, 1998 Petition 5. June 23, 1998, by Mrs. carried out for the purpose of influencing (in members or nonmembers any dues, initiation MALONEY on House Resolution 467, was whole or in part) any election for Federal of- fee, or other payment if any part of such signed by the following Members: Carolyn B. fice or educating individuals about can- dues, fee, or payment will be used for politi- Maloney, Brian P. Bilbray, Martin Meehan, didates for election for Federal office or any cal activity in which the labor organization Anna G. Eshoo, Frank Pallone, Jr., and Eliz- Federal legislation, law, or regulations.’’. is engaged. abeth Furse. (b) EFFECTIVE DATE.—The amendment ‘‘(2) An authorization described in para- Petition 6. June 25, 1998, by Mr. OBEY on made by subsection (a) shall apply to graph (1) shall remain in effect until revoked House Resolution 473, was signed by the fol- amounts collected or assessed on or after the and may be revoked at any time. Each entity lowing Members: David R. Obey, W.G. (Bill) date of the enactment of this Act. collecting from or assessing amounts from Hefner, Harold E. Ford, Jr., David E. Price, H.R. 2183 an individual with an authorization in effect John W. Olver, Ken Bentsen, James P. under such paragraph shall provide the indi- OFFERED BY: MR. BOB SCHAFFER OF Moran, Norman D. Dicks, Vic Snyder, Sidney vidual with a statement that the individual COLORADO R. Yates, Robert E. (Bud) Cramer, Jr., Ron may at any time revoke the authorization. Kind, Thomas H. Allen, Leonard L. Boswell, (To the Amendment Offered By: Mr. Doolittle) ‘‘(3) For purposes of this subsection, the Jim McDermott, Nancy Pelosi, Earl Pom- AMENDMENT NO. 156: Add at the end the fol- term ‘political activity’ means any activity eroy, Anna G. Eshoo, Robert T. Matsui, Jane lowing new section: carried out for the purpose of influencing (in Harman, David E. Skaggs, David Minge, SEC. 7. PROHIBITING INVOLUNTARY ASSESS- whole or in part) any election for Federal of- Lynn C. Woolsey, Barney Frank, Martin MENT OF EMPLOYEE FUNDS FOR PO- fice or educating individuals about can- Frost, Bruce F. Vento, Karen McCarthy, LITICAL ACTIVITIES. didates for election for Federal office or any Lynn N. Rivers, Howard L. Berman, Chet Ed- (a) IN GENERAL.—Section 316 of the Federal Federal legislation, law, or regulations.’’. wards, Steny H. Hoyer, Debbie Stabenow, Election Campaign Act of 1971 (2 U.S.C. 441b) (b) EFFECTIVE DATE.—The amendment Sander M. Levin, Martin Olav Sabo, Carolyn is amended by adding at the end the follow- made by subsection (a) shall apply to B. Maloney, Frank Pallone, Jr., Vic Fazio, ing new subsection: amounts collected or assessed on or after the and Sheila Jackson-Lee. ‘‘(c)(1) Except with the separate, prior, date of the enactment of this Act. written, voluntary authorization of each in- f H.R. 2183 dividual, it shall be unlawful— OFFERED BY: MR. BOB SCHAFFER OF DISCHARGE PETITIONS— ‘‘(A) for any national bank or corporation COLORADO ADDITIONS OR DELETIONS described in this section to collect from or assess its stockholders or employees any (To the Amendment Offered By: Mr. Shays or The following Members added their dues, initiation fee, or other payment as a Mr. Meehan) names to the following discharge peti- condition of employment if any part of such AMENDMENT NO. 158: Strike section 501 and tions: dues, fee, or payment will be used for politi- insert the following (and conform the table Petition 1 by Mr. YATES on House Resolu- cal activity in which the national bank or of contents accordingly): tion 141: Sanford D. Bishop, Jr. and Vic corporation is engaged; and SEC. 501. PROHIBITING INVOLUNTARY ASSESS- Fazio. ‘‘(B) for any labor organization described MENT OF EMPLOYEE FUNDS FOR PO- Petition 4 by Mrs. SLAUGHTER on H.R. in this section to collect from or assess its LITICAL ACTIVITIES. 306: Gene Green, Ken Bentsen, and Sanford members or nonmembers any dues, initiation (a) IN GENERAL.—Section 316 of the Federal D. Bishop, Jr. fee, or other payment if any part of such Election Campaign Act of 1971 (2 U.S.C. 441b) f dues, fee, or payment will be used for politi- is amended by adding at the end the follow- cal activity in which the labor organization ing new subsection: AMENDMENTS is engaged. ‘‘(c)(1) Except with the separate, prior, Under clause 6 of rule XXIII, pro- ‘‘(2) An authorization described in para- written, voluntary authorization of each in- graph (1) shall remain in effect until revoked dividual, it shall be unlawful— posed amendments were submitted as and may be revoked at any time. Each entity ‘‘(A) for any national bank or corporation follows: collecting from or assessing amounts from described in this section to collect from or H.R. 2183 an individual with an authorization in effect assess its stockholders or employees any OFFERED BY: MR. BOB SCHAFFER OF under such paragraph shall provide the indi- dues, initiation fee, or other payment as a COLORADO vidual with a statement that the individual condition of employment if any part of such (To the Amendment Offered By: Mr. Campbell) may at any time revoke the authorization. dues, fee, or payment will be used for politi- ‘‘(3) For purposes of this subsection, the cal activity in which the national bank or AMENDMENT NO. 155: Amend title II to read term ‘political activity’ means any activity corporation is engaged; and as follows: carried out for the purpose of influencing (in ‘‘(B) for any labor organization described TITLE II—PAYCHECK PROTECTION whole or in part) any election for Federal of- in this section to collect from or assess its SEC. 201. PROHIBITING INVOLUNTARY ASSESS- fice or educating individuals about can- members or nonmembers any dues, initiation MENT OF EMPLOYEE FUNDS FOR PO- didates for election for Federal office or any fee, or other payment if any part of such LITICAL ACTIVITIES. Federal legislation, law, or regulations.’’. dues, fee, or payment will be used for politi- (a) IN GENERAL.—Section 316 of the Federal (b) EFFECTIVE DATE.—The amendment cal activity in which the labor organization Election Campaign Act of 1971 (2 U.S.C. 441b) made by subsection (a) shall apply to is engaged. is amended by adding at the end the follow- amounts collected or assessed on or after the ‘‘(2) An authorization described in para- ing new subsection: date of the enactment of this Act. graph (1) shall remain in effect until revoked ‘‘(c)(1) Except with the separate, prior, H.R. 2183 and may be revoked at any time. Each entity written, voluntary authorization of each in- collecting from or assessing amounts from OFFERED BY: MR. BOB SCHAFFER OF dividual, it shall be unlawful— an individual with an authorization in effect COLORADO ‘‘(A) for any national bank or corporation under such paragraph shall provide the indi- described in this section to collect from or (To the Amendment Offered By: Mr. Bass) vidual with a statement that the individual assess its stockholders or employees any AMENDMENT NO. 157: Strike section 501 and may at any time revoke the authorization. dues, initiation fee, or other payment as a insert the following (and conform the table ‘‘(3) For purposes of this subsection, the condition of employment if any part of such of contents accordingly): term ‘political activity’ means any activity dues, fee, or payment will be used for politi- SEC. 501. PROHIBITING INVOLUNTARY ASSESS- carried out for the purpose of influencing (in cal activity in which the national bank or MENT OF EMPLOYEE FUNDS FOR PO- whole or in part) any election for Federal of- corporation is engaged; and LITICAL ACTIVITIES. fice or educating individuals about can- ‘‘(B) for any labor organization described (a) IN GENERAL.—Section 316 of the Federal didates for election for Federal office or any in this section to collect from or assess its Election Campaign Act of 1971 (2 U.S.C. 441b) Federal legislation, law, or regulations.’’. members or nonmembers any dues, initiation is amended by adding at the end the follow- (b) EFFECTIVE DATE.—The amendment fee, or other payment if any part of such ing new subsection: made by subsection (a) shall apply to dues, fee, or payment will be used for politi- ‘‘(c)(1) Except with the separate, prior, amounts collected or assessed on or after the cal activity in which the labor organization written, voluntary authorization of each in- date of the enactment of this Act. is engaged. dividual, it shall be unlawful— H.R. 2183 ‘‘(2) An authorization described in para- ‘‘(A) for any national bank or corporation graph (1) shall remain in effect until revoked described in this section to collect from or OFFERED BY: MR. BOB SCHAFFER OF and may be revoked at any time. Each entity assess its stockholders or employees any COLORADO collecting from or assessing amounts from dues, initiation fee, or other payment as a (To the Amendment Offered By: Mr. an individual with an authorization in effect condition of employment if any part of such Snowbarger) under such paragraph shall provide the indi- dues, fee, or payment will be used for politi- AMENDMENT NO. 159: Amend section 5(b) to vidual with a statement that the individual cal activity in which the national bank or read as follows: may at any time revoke the authorization. corporation is engaged; and (b) PROHIBITING INVOLUNTARY ASSESSMENT ‘‘(3) For purposes of this subsection, the ‘‘(B) for any labor organization described OF EMPLOYEE FUNDS FOR POLITICAL ACTIVI- term ‘political activity’ means any activity in this section to collect from or assess its TIES.— June 25, 1998 CONGRESSIONAL RECORD — HOUSE H5407

(1) IN GENERAL.—Section 316 of such Act (2 (b) EFFECTIVE DATE.—The amendment members or nonmembers any dues, initiation U.S.C. 441b), as amended by subsection (a), is made by subsection (a) shall apply to fee, or other payment if any part of such further amended by adding at the end the amounts collected or assessed on or after the dues, fee, or payment will be used for politi- following new subsection: date of the enactment of this Act. cal activity in which the labor organization ‘‘(d)(1) Except with the separate, prior, H.R. 2183 is engaged. written, voluntary authorization of each in- ‘‘(2) An authorization described in para- OFFERED BY: MR. BOB SCHAFFER OF dividual, it shall be unlawful— graph (1) shall remain in effect until revoked COLORADO ‘‘(A) for any national bank or corporation and may be revoked at any time. Each entity described in this section to collect from or (To the Amendment Offered By: Mr. Hutchinson collecting from or assessing amounts from assess its stockholders or employees any or Mr. Allen) an individual with an authorization in effect dues, initiation fee, or other payment as a AMENDMENT NO. 161: Insert after title III under such paragraph shall provide the indi- condition of employment if any part of such the following new title (and redesignate the vidual with a statement that the individual dues, fee, or payment will be used for politi- succeeding provisions accordingly): may at any time revoke the authorization. cal activity in which the national bank or TITLE IV—PAYCHECK PROTECTION ‘‘(3) For purposes of this subsection, the corporation is engaged; and SEC. 401. PROHIBITING INVOLUNTARY ASSESS- term ‘political activity’ means any activity ‘‘(B) for any labor organization described MENT OF EMPLOYEE FUNDS FOR PO- carried out for the purpose of influencing (in in this section to collect from or assess its LITICAL ACTIVITIES. whole or in part) any election for Federal of- members or nonmembers any dues, initiation (a) IN GENERAL.—Section 316 of the Federal fice or educating individuals about can- fee, or other payment if any part of such Election Campaign Act of 1971 (2 U.S.C. 441b) didates for election for Federal office or any dues, fee, or payment will be used for politi- is amended by adding at the end the follow- Federal legislation, law, or regulations.’’. cal activity in which the labor organization ing new subsection: (b) EFFECTIVE DATE.—The amendment is engaged. ‘‘(c)(1) Except with the separate, prior, made by subsection (a) shall apply to ‘‘(2) An authorization described in para- written, voluntary authorization of each in- amounts collected or assessed on or after the graph (1) shall remain in effect until revoked dividual, it shall be unlawful— date of the enactment of this Act. and may be revoked at any time. Each entity ‘‘(A) for any national bank or corporation collecting from or assessing amounts from H.R. 2183 described in this section to collect from or an individual with an authorization in effect assess its stockholders or employees any OFFERED BY: MR. BOB SCHAFFER OF under such paragraph shall provide the indi- dues, initiation fee, or other payment as a COLORADO vidual with a statement that the individual (To the Amendment Offered By: Mr. Tierney) may at any time revoke the authorization. condition of employment if any part of such ‘‘(3) For purposes of this subsection, the dues, fee, or payment will be used for politi- AMENDMENT NO. 163: Insert after title V the term ‘political activity’ means any activity cal activity in which the national bank or following new title (and redesignate the suc- carried out for the purpose of influencing (in corporation is engaged; and ceeding provisions and conform the table of whole or in part) any election for Federal of- ‘‘(B) for any labor organization described contents accordingly): in this section to collect from or assess its fice or educating individuals about can- TITLE VI—PAYCHECK PROTECTION didates for election for Federal office or any members or nonmembers any dues, initiation Federal legislation, law, or regulations.’’. fee, or other payment if any part of such SEC. 601. PROHIBITING INVOLUNTARY ASSESS- MENT OF EMPLOYEE FUNDS FOR PO- (2) EFFECTIVE DATE.—The amendment dues, fee, or payment will be used for politi- LITICAL ACTIVITIES. made by paragraph (1) shall apply to cal activity in which the labor organization (a) IN GENERAL.—Section 316 of the Federal amounts collected or assessed on or after the is engaged. Election Campaign Act of 1971 (2 U.S.C. 441b) date of the enactment of this Act. ‘‘(2) An authorization described in para- is amended by adding at the end the follow- H.R. 2183 graph (1) shall remain in effect until revoked and may be revoked at any time. Each entity ing new subsection: OFFERED BY: MR. BOB SCHAFFER OF collecting from or assessing amounts from ‘‘(c)(1) Except with the separate, prior, COLORADO an individual with an authorization in effect written, voluntary authorization of each in- AMENDMENT NO. 160: Insert after title III under such paragraph shall provide the indi- dividual, it shall be unlawful— the following new title (and redesignate the vidual with a statement that the individual ‘‘(A) for any national bank or corporation succeeding provisions accordingly): may at any time revoke the authorization. described in this section to collect from or TITLE IV—PAYCHECK PROTECTION ‘‘(3) For purposes of this subsection, the assess its stockholders or employees any SEC. 401. PROHIBITING INVOLUNTARY ASSESS- term ‘political activity’ means any activity dues, initiation fee, or other payment as a MENT OF EMPLOYEE FUNDS FOR PO- carried out for the purpose of influencing (in condition of employment if any part of such LITICAL ACTIVITIES. whole or in part) any election for Federal of- dues, fee, or payment will be used for politi- (a) IN GENERAL.—Section 316 of the Federal fice or educating individuals about can- cal activity in which the national bank or Election Campaign Act of 1971 (2 U.S.C. 441b) didates for election for Federal office or any corporation is engaged; and is amended by adding at the end the follow- Federal legislation, law, or regulations.’’. ‘‘(B) for any labor organization described ing new subsection: (b) EFFECTIVE DATE.—The amendment in this section to collect from or assess its ‘‘(c)(1) Except with the separate, prior, made by subsection (a) shall apply to members or nonmembers any dues, initiation written, voluntary authorization of each in- amounts collected or assessed on or after the fee, or other payment if any part of such dividual, it shall be unlawful— date of the enactment of this Act. dues, fee, or payment will be used for politi- ‘‘(A) for any national bank or corporation H.R. 2183 cal activity in which the labor organization described in this section to collect from or is engaged. OFFERED BY: MR. BOB SCHAFFER OF assess its stockholders or employees any ‘‘(2) An authorization described in para- COLORADO dues, initiation fee, or other payment as a graph (1) shall remain in effect until revoked condition of employment if any part of such (To the Amendment Offered By: Mr. Obey) and may be revoked at any time. Each entity dues, fee, or payment will be used for politi- AMENDMENT NO. 162: Insert after title V the collecting from or assessing amounts from cal activity in which the national bank or following new title (and redesignate the suc- an individual with an authorization in effect corporation is engaged; and ceeding provisions accordingly): under such paragraph shall provide the indi- ‘‘(B) for any labor organization described TITLE VI—PAYCHECK PROTECTION vidual with a statement that the individual in this section to collect from or assess its may at any time revoke the authorization. SEC. 601. PROHIBITING INVOLUNTARY ASSESS- members or nonmembers any dues, initiation ‘‘(3) For purposes of this subsection, the fee, or other payment if any part of such MENT OF EMPLOYEE FUNDS FOR PO- LITICAL ACTIVITIES. term ‘political activity’ means any activity dues, fee, or payment will be used for politi- carried out for the purpose of influencing (in cal activity in which the labor organization (a) IN GENERAL.—Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) whole or in part) any election for Federal of- is engaged. fice or educating individuals about can- ‘‘(2) An authorization described in para- is amended by adding at the end the follow- didates for election for Federal office or any graph (1) shall remain in effect until revoked ing new subsection: Federal legislation, law, or regulations.’’. and may be revoked at any time. Each entity ‘‘(c)(1) Except with the separate, prior, collecting from or assessing amounts from written, voluntary authorization of each in- (b) EFFECTIVE DATE.—The amendment an individual with an authorization in effect dividual, it shall be unlawful— made by subsection (a) shall apply to under such paragraph shall provide the indi- ‘‘(A) for any national bank or corporation amounts collected or assessed on or after the vidual with a statement that the individual described in this section to collect from or date of the enactment of this Act. may at any time revoke the authorization. assess its stockholders or employees any H.R. 2183 dues, initiation fee, or other payment as a ‘‘(3) For purposes of this subsection, the OFFERED BY: MR. BOB SCHAFFER OF condition of employment if any part of such term ‘political activity’ means any activity COLORADO carried out for the purpose of influencing (in dues, fee, or payment will be used for politi- whole or in part) any election for Federal of- cal activity in which the national bank or (To the Amendment Offered By: Mr. Farr) fice or educating individuals about can- corporation is engaged; and AMENDMENT NO. 164: Add at the end of title didates for election for Federal office or any ‘‘(B) for any labor organization described VII the following new section (and conform Federal legislation, law, or regulations.’’. in this section to collect from or assess its the table of contents accordingly): H5408 CONGRESSIONAL RECORD — HOUSE June 25, 1998 SEC. 704. PROHIBITING INVOLUNTARY ASSESS- condition of employment if any part of such an individual with an authorization in effect MENT OF EMPLOYEE FUNDS FOR PO- dues, fee, or payment will be used for politi- under such paragraph shall provide the indi- LITICAL ACTIVITIES. cal activity in which the national bank or vidual with a statement that the individual (a) IN GENERAL.—Section 316 of the Federal corporation is engaged; and may at any time revoke the authorization. Election Campaign Act of 1971 (2 U.S.C. 441b), ‘‘(B) for any labor organization described ‘‘(3) For purposes of this subsection, the as amended by section 304, is further amend- in this section to collect from or assess its term ‘political activity’ means any activity ed by adding at the end the following new members or nonmembers any dues, initiation carried out for the purpose of influencing (in subsection: fee, or other payment if any part of such whole or in part) any election for Federal of- ‘‘(d)(1) Except with the separate, prior, dues, fee, or payment will be used for politi- fice or educating individuals about can- written, voluntary authorization of each in- cal activity in which the labor organization didates for election for Federal office or any dividual, it shall be unlawful— is engaged. Federal legislation, law, or regulations.’’. ‘‘(A) for any national bank or corporation ‘‘(2) An authorization described in para- (b) EFFECTIVE DATE.—The amendment described in this section to collect from or graph (1) shall remain in effect until revoked made by subsection (a) shall apply to assess its stockholders or employees any and may be revoked at any time. Each entity amounts collected or assessed on or after the dues, initiation fee, or other payment as a collecting from or assessing amounts from date of the enactment of this Act. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, THURSDAY, JUNE 25, 1998 No. 85 Senate The Senate met at 9:30 a.m. and was with respect to the Inhofe amendment, NATIONAL DEFENSE AUTHORIZA- called to order by the President pro regarding the base closure issue, with a TION ACT FOR FISCAL YEAR 1999 tempore [Mr. THURMOND]. vote occurring following that debate. The PRESIDING OFFICER (Mr. There will then be 10 minutes for clos- SANTORUM). The clerk will report. PRAYER ing remarks with respect to the Harkin The Chaplain, Dr. Lloyd John amendment that was debated last The assistant legislative clerk read Ogilvie, offered the following prayer: night, which deals with the VA health as follows: Lord God, You are the Light of truth care issue, followed by a vote in rela- A bill (S. 2057) to authorize appropriations for those who know You, the Security tion to that amendment. for the fiscal year 1999 for military activities of those who love You, the Strength of Therefore, three votes will occur be- of the Department of Defense, for military those who trust You, the Patience of ginning, I presume, shortly after 10 construction, and for defense activities of o’clock this morning. Following those the Department of Energy, to prescribe per- those who wait on You, and the Cour- sonnel strengths for such fiscal year for the age of those who serve You. Fill this votes, it is hoped that Members will Armed Forces, and for other purposes. Senate Chamber with Your presence. come to the floor and offer and debate May all that we say and do here today remaining amendments, with the un- The Senate resumed consideration of be said and done with an acute aware- derstanding that the bill will be con- the bill. ness of our accountability to You. Help cluded during today’s session. I believe Pending: us to ask, ‘‘What would the Lord do?’’ that is possible. But once again, it Inhofe amendment No. 2981, to modify the and then, ‘‘Lord, what do You want us takes cooperation and commitment to restrictions on the general authority of the to do?’’ Give us long fuses to our tem- agree to reasonable time limits and get Department of Defense regarding the closure pers and a long view of our vision for to a conclusion on this bill so we can and realignment of military installations, the future of America. We invite You move to a number of other very impor- and to express the sense of the Congress on to dwell not only in this place but in tant issues that we are trying to get further rounds of such closures and realign- ments. our minds so that we can think Your cleared, or appropriations bills. thoughts and discover Your solutions. We will make an effort to get short Harkin/Wellstone amendment No. 2982, to authorize a transfer of funds from the De- In the Name of our Lord and Savior. time agreements with regard to the clean needles bill, the reading excel- partment of Defense to the Department of Amen. Veterans Affairs for health care. f lence bill, the drug czar reauthoriza- tion bill, perhaps the higher education The PRESIDING OFFICER. Under RECOGNITION OF THE MAJORITY bill, and any other appropriations bills the previous order, the Senator from LEADER that we may take up, plus some Execu- Minnesota is recognized for 30 minutes. The PRESIDENT pro tempore. The tive Calendar items we would like to be Mr. THURMOND. I congratulate Sen- able majority leader, Senator LOTT of able to get done before we go home for ator WELLSTONE for being willing to Mississippi, is recognized. the Fourth of July recess, but they are come down this early to offer an Mr. LOTT. Thank you, Mr. President. all related to each other. If we get co- amendment. f operation on the one side, there will be Mr. WELLSTONE. I thank my col- cooperation on the other; if we don’t SCHEDULE league from South Carolina. get cooperation and clearance on the Mr. President, I wonder whether I Mr. LOTT. This morning the Senate bills, the Executive Calendar will have could ask my colleagues for 5 minutes will resume consideration of the De- to wait for another week, month, or to speak as in morning business to partment of Defense authorization bill. year. quickly introduce a bill before going to Under the previous order, Senator Also, the Senate can be expected to my 15 minutes. WELLSTONE will immediately be recog- consider, prior to the Independence nized to offer an amendment regarding Day recess, as I mentioned, the higher The PRESIDING OFFICER. Without Department of Defense schools under a education bill. I think we are very objection, it is so ordered. 30-minute time agreement. I see he is close to getting an agreement worked Mr. WELLSTONE. Mr. President, I here, ready to go. out on that. We can expect votes thank the Chair. At the expiration of that debate throughout the day, into the night, and (The remarks of Mr. WELLSTONE per- time, the Senate will proceed to vote on Friday. There will be at least two taining to the introduction of S. 2215 on or in relation to the Wellstone votes on Friday, and Senators need to are located in today’s RECORD under amendment. Following that vote, there be aware of that. ‘‘Statements on Introduced Bills and will be 10 minutes for closing remarks I yield the floor. Joint Resolutions.’’)

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

S7039

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VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7040 CONGRESSIONAL RECORD — SENATE June 25, 1998 PRIVILEGE OF THE FLOOR build child-care centers that provided waste. If you were just to make a cut Mr. WELLSTONE. Mr. President, I new services to families of military in the waste and be more efficient, one- ask unanimous consent Deanna personnel. Subsequently, the Depart- tenth of 1 percent—and I make this ap- Caldwell, a fellow in our office, be al- ment of Defense’s child-care programs peal to my colleagues—you could then lowed to be on the floor this morning. have been able to provide quality—by appropriate this $270 million over a 5- The PRESIDING OFFICER. Without the way, this is a model for the Na- year period. We would start with $41 objection, it is so ordered. tion—quality service to thousands of million next fiscal year and, ulti- AMENDMENT NO. 2902 children of military personnel. But, by mately, we would build up, by the year (Purpose: To provide, with an offset, 1995, we find out that there is really a 2003, to $270 million. $270,000,000 for the Child Development Pro- tremendous need, and while there are What we are trying to do is to make gram of the Department of Defense) some 299,000 children served, there are sure that we meet a real need of our Mr. WELLSTONE. Mr. President, I 155,000 children of families that are re- military personnel and their families. call up my amendment numbered 2902, questing child-care services. This What we are trying to do is provide the which is at the desk. amendment is an effort to bridge this service for as close to all of the chil- The PRESIDING OFFICER. The gap. dren of military personnel as possible. clerk will report. For the parents of these 144,000 chil- What we are trying to do is build on The assistant legislative clerk read dren—really, close to 155,000 children— the Department of Defense’s child care as follows: requesting this, this is a huge issue. It program, which is a huge success. I The Senator from Minnesota [Mr. is difficult to do well when you are have had an opportunity to talk with WELLSTONE], for himself, and Mrs. BOXER, worried about whether or not your the people that run that program. I am proposes an amendment numbered 2902. children have good care, and this very proud of what they do, but it Mr. WELLSTONE. I ask unanimous amendment speaks to this problem. If seems to me that one of the best things consent reading of the amendment be you don’t have peace of mind while you we could do within the DOD budget is dispensed with. are serving our country, if you don’t just simply say for a very small—one- The PRESIDING OFFICER. Without believe your child is receiving good tenth of 1 percent—cut across the objection, it is so ordered. care, what we are trying to do is pro- board, you can take it out of waste eas- The amendment is as follows: vide the necessary family support serv- ily and we could then have $270 million On page 200, between lines 14 and 15, insert ices. over a 5-year period, which would the following: There are a variety of different com- help—again, let me be crystal clear SEC. 1005. CHILD DEVELOPMENT PROGRAM. ponents that we are talking about. We about this—somewhere in the neigh- (a) ADDITIONAL FUNDING.—The amount au- are talking about, of course, early thorized to be appropriated by this Act for borhood of 150,000 children. Just think the Child Development Program of the De- childhood development. That is to say, of how many military families we partment of Defense is hereby increased by when both parents are working and you could help through this amendment. I $270,000,000. are trying to figure out what you are hope that there will be support for this (b) OFFSET.—(1) Notwithstanding any other going to do with your child—and, look, amendment. provision of this Act, the total amount au- for our military personnel, but also for I reserve the balance of my time. thorized to be appropriated by this Act all of our families—when both of you The PRESIDING OFFICER. The Sen- (other than the amount authorized to be ap- have to work, you know full well that ator from South Carolina is recognized. propriated for the Child Development Pro- gram) is reduced by $270,000,000. the most important thing is to make Mr. THURMOND. Mr. President, I (2) The Secretary of Defense shall allocate sure that your child is receiving good rise in opposition to this amendment. I the amount of the reduction made by para- child care. But for too many citizens in share the Senator’s concerns regarding graph (1) equitably across each budget activ- our country, and for too many military the need to provide adequate resources ity, budget activity group, budget sub- families, they are not able to fill that to such worthy projects. Therefore, the activity group, program, project, or activity need. This amendment takes us a long bill we have before us fully authorizes for which funds are authorized to be appro- way toward filling that need. the President’s budget request for the priated by this Act. In addition, there is the issue of Department of Defense Child Develop- (c) USE OF FUNDS.—(1) The amount made available by subsection (a) shall be available afterschool care for younger children ment Program. The committee has also for obligation and expenditure as follows: who are going home, but going home recommended an additional $23.0 mil- (A) $41,000,000 shall be available in fiscal alone, again, when both parents have lion in this bill to construct five new year 1999. to work, trying to fill that very impor- child care centers. (B) $46,000,000 shall be available in fiscal tant need for military personnel; or Unfortunately, the Defense budget year 2000. there are occasions when there is a has declined so dramatically over the (C) $53,000,000 shall be available in fiscal place to drop a child off from time to past several years that we cannot af- year 2001. time when a parent or parents need to ford to reduce other programs below (D) $61,000,000 shall be available in fiscal year 2002. do so. Now, it is not free. What we have their current levels without signifi- (E) $70,000,000 shall be available in fiscal is a sliding fee scale basis of child care cantly jeopardizing near and long-term year 2003. right now within the military, which is military readiness. Furthermore, I be- (2) Amounts available under this section the way I think it should be done. Ac- lieve that this amendment has some shall be available for any programs under tually, the average fee is about $65 per technical problems. the Child Development Program, including child per week. It ranges from $35 to I yield the floor. programs for school-age care. $88. The PRESIDING OFFICER. Who The PRESIDING OFFICER. The Sen- The funding for the child develop- yields time? ator is recognized for 15 minutes. ment program of the Department of Mr. LEVIN. Mr. President, I need 5 Mr. WELLSTONE. Mr. President, I Defense is about $295 million. About 52 minutes. introduce this amendment on behalf of percent of the children have been Mr. THURMOND. Mr. President, I myself and Senator BOXER. This served. What we are now trying to do is yield 5 minutes to the distinguished amendment focuses on a real need in move toward serving the children for Senator from Michigan. our Armed Forces. Really, we are talk- the vast majority of these families by, Mr. LEVIN. Mr. President, first, let ing about the children. We are talking over a year period, increasing the ap- me say that, as usual, our friend from about the need to have comprehensive propriations by $270 million. Minnesota is fighting for a cause that child care for our families who serve in The offset is as follows: We simply is an important one. I think he is one our Armed Forces who, after all, are say, take one-tenth of 1 percent, one- of the leaders in this body of trying to involved in very important service for tenth of 1 penny of every dollar, which make sure we have enough money for our Nation. now goes to the Pentagon budget, and child care, child development, and it is Back in the 1980s this body began just do an across-the-board cut. We important that leadership exist in this looking at the state of child care. have had studies that talk about ad- area. I commend him on that. Thanks to the leadership of Senator ministrative expenses that go way be- The defense budget this year shows a KENNEDY, funding was appropriated to yond this in terms of administrative greater than 10-percent increase in this

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7041 area. So I think the Defense Depart- 155,311 spaces, DoD is meeting about 52 per- million, one-tenth of 1 percent of the ment is right when they give us the cent of the total potential need. overall Pentagon budget. facts and tell us that they have a pro- Isn’t part of our readiness making gram for significant improvement in TABLE 6. NEED FOR CHILD CARE SPACES BY SERVICE, sure that these families of our military child care, in part, by the way, because 1995 personnel can feel secure that their of the efforts of people in this body Have Need Percent met children are getting good child care? many years ago. They have a projected Can’t we do this in our budget for our Army ...... 69,366 109,814 63 significant increase over these years, Navy ...... 28,074 80,488 35 military families? in part, may I say, because of our Air Force ...... 45,785 85,927 53 The medical evidence is over- Marines ...... 9,086 23,049 39 former colleague, Bill Cohen. Secretary DoD ...... 155,311 299,278 52 whelming about the importance of Cohen was a leader in the effort to pro- early childhood development. It is Source: DoD’s Office of Family Policy, Support and Services. vide child care in this Senate. He is to- overwhelming about the development tally dedicated to it in the military. Currently, there is a waiting list of ap- of the brain. It is overwhelming that proximately 93,400 children for military child we ought to do better. This amendment The DOD effort, the planned effort to 39 care spaces. enables us to do this. I guess I am dis- significantly increase the amount of Mr. WELLSTONE. Mr. President, the appointed in the opposition, although, child care, is requiring them to go off Department of Defense had its own in- of course, everybody has a right to base frequently in order to do that, to ternal study in 1995. I agree with my take whatever view they want to. get facilities off the site of the facility colleague from Michigan in his praise I make yet one final appeal to my itself, and to go into the neighboring of our Secretary of Defense and his colleagues to please support this communities to get child care. But commitment. amendment. It is eminently reason- they are on that course of action. They I don’t think the Secretary of De- able, eminently balanced, and it really are doing that, and they should. But fense would disapprove of this body does a world of good for military fami- they have put in this budget this year taking yet another step forward in this lies. approximately a 10-percent increase in area. funding for child care. It is part of a We had an internal study in 1995 I reserve the remainder of my time. Mr. THURMOND. Mr. President, I significant increase that has been pro- where the DOD essentially said, ‘‘Look, yield time to the distinguished Senator jected over a number of years for child we can only satisfy 52 percent of the from Michigan. care, and it is in the hands of the Sec- need for child care of families in the The PRESIDING OFFICER. The Sen- retary of Defense, who, when he was in armed services.’’ I am looking at al- ator from Michigan is recognized. the Senate, showed a tremendous com- most 50 percent of the families not able Mr. LEVIN. Mr. President, we spoke mitment in this area and has continued to get the care for their children that with the Deputy Assistant Secretary of that commitment as Secretary of De- they need. As far as how we do this, we Defense, Carolyn Becraft. She is in fense. are very clear that this gets phased in charge of their family program. They So the increases that are significant over a period of time. oppose this amendment. have been planned. They are pro- As I said to my colleagues, we start When the Senator says he can’t be- ceeding in a planned way. The Defense next fiscal year with the $41 million, lieve that the Defense Department Department feels that it is proceeding and then we gradually increase it, so would not support this, or the people in as quickly and as administratively fea- that by the year 2003 it is $70 million. charge of families and child care would sible and efficiently, and I would, Overall it is $270 million, one-tenth of 1 not support this amendment, we asked therefore, oppose the Senator’s amend- percent of the overall budget. There them what their position was. Their ment. have been plenty of studies that say we position is that the child care program I do so with some reluctance because spend way more than that in adminis- is funded in a way to expand the avail- of the subject matter. But despite that trative ways. reluctance, I feel that the Defense De- I cannot believe that the Secretary of ability of child care in a planned way. I want to emphasize that. We have a partment is proceeding on pace, in a Defense, or certainly anybody who is significant expansion in child care in planned way, and most importantly, involved with the Department of De- the Defense Department underway. It proceeding in a way that involves a sig- fense child care program, would not is because of the initiative of many nificant increase in expansion in child say, ‘‘Senators, if you are willing to people within the Defense Department care, despite the fact that the number take one-tenth of 1 percent across the and outside, including Members of this of people in the armed services is being board, and you will earmark that for body. It is under the supervision of a reduced, and it is all under the leader- expanding child care services so that Secretary of Defense who is totally ship of a Secretary of Defense who has we can meet the needs of 155,000 chil- committed to child care. He showed shown a commitment to child care over dren and their families, we are for it.’’ the years. I again appeal to my colleagues to that when he was in this body, and he So for those reasons I will oppose the support this amendment. has continued to show that as Sec- Senator’s amendment. But, again, I ex- I reserve the remainder of my time. retary of Defense. The Defense Depart- press my feeling that, as he so often The PRESIDING OFFICER (Mr. ment has this significant expansion, does, he is addressing an issue that is THOMAS). Who yields time? If no one which is ongoing in a planned way, and an important issue for the Nation. yields time, it will be divided equally. that is why they do not support this Mr. WELLSTONE. Mr. President, I Mr. WELLSTONE. Mr. President, additional increase. appreciate both my colleagues’ re- how much time do I have left? That comes from the Assistant Sec- marks. The PRESIDING OFFICER. Six min- retary of Defense who is responsible for I ask unanimous consent that ex- utes 55 seconds. dealing with the needs of families in cerpts from a CRS study be printed in Mr. WELLSTONE. If my colleagues the Defense Department. the RECORD. have essentially yielded their time, or Mr. WELLSTONE. Mr. President, There being no objection, the mate- may now reserve some of their time, how much time do I have remaining? rial was ordered to be printed in the let me try to summarize it. The PRESIDING OFFICER. The Sen- RECORD, as follows: Let me try to make this appeal ator has 5 minutes 2 seconds. [Excerpt from CRS Report for Congress, again. We have a 1995 study which says, Mr. WELLSTONE. Mr. President, let Sept. 14, 1995] ‘‘Look, almost 50 percent of the fami- me be clear to my colleagues. I believe in the basic discussion I have had that MILITARY CHILD CARE PROVISIONS: lies are hurting here. They need the BACKGROUND AND LEGISLATION child care services.’’ I have a Congres- a lot of the men and women in per- (By David F. Burrelli, Specialist in National sional Research Service study that sonnel who are involved, I say to my Defense, Foreign Affairs and National De- says the same thing. We phase it in colleagues, who are actually involved fense Division with Kristin Archick) over a 5-year period. It is a total of $270 down in the trenches delivering child In the 1995 survey, potential need for all care programs within the Department the services is estimated to be 299,278 child 39 Maze, Rick, Child Care Centers Get a Huge of Defense child care program, will tell care spaces. Given that there are currently House Boost, Army Times, July 3, 1995: 9. you, ‘‘Senator, $270 million over 5 years

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7042 CONGRESSIONAL RECORD — SENATE June 25, 1998 would do us a world of good, because tivity, many of those budget activities The PRESIDING OFFICER. Are there we have almost 50 percent of the fami- are as critical to those very same fami- any other Senators in the Chamber lies we can’t serve.’’ lies as we are trying to help with our who desire to vote? My colleague can get a statement child care program. The result was announced—yeas 18, from the director saying, ‘‘Look, we Mr. President, again, I oppose this nays 74, as follows: are not in favor of this.’’ I mean that amendment. I hope it is defeated. But I [Rollcall Vote No. 173 Leg.] can be the position that the Depart- want to end on a positive note and YEAS—18 ment takes. That is the position that again say how much we appreciate the Boxer Jeffords Mikulski maybe someone who administers the strength with which the Senator from Bumpers Johnson Moseley-Braun program takes. But with all due re- Minnesota supports the kind of causes Durbin Kennedy Murray spect, I have here a Congressional Re- which are so important to the people of Feingold Kerry Torricelli Ford Kohl Wellstone search Service report. I will quote. this Nation and to the people in the Harkin Lautenberg Wyden This backs up the internal 1995 DOD re- military. NAYS—74 port. PRIVILEGE OF THE FLOOR Mr. WELLSTONE. Mr. President, I Abraham Domenici Lott In the 1995 survey, potential need for all Allard Dorgan Lugar the services is estimated to be 299,278 child ask unanimous consent that Cardell Ashcroft Enzi Mack care spaces. Given that there are currently Johnson, an intern in my office, be al- Bennett Faircloth McCain 155,311 spaces, DOD is meeting about 52 per- lowed floor privileges. Biden Feinstein McConnell cent of the total potential need. Bingaman Frist Moynihan The PRESIDING OFFICER. Without Bond Gorton My colleagues come here to the floor Murkowski objection, it is so ordered. Breaux Graham Nickles and they say there is already a plan to Mr. WELLSTONE. Mr. President, let Brownback Gramm Reed meet this need. But there isn’t a plan me just say to my colleagues, this is Bryan Grams Reid Burns Grassley Robb to meet this need. We are talking one-tenth of 1 percent, and we have Byrd Gregg Roberts about a gap of 48 percent. studies on administrative waste within Campbell Hagel Santorum Chafee Hatch I will say it one more time. Just ask the Department of Defense. That is my Sarbanes the families. Just talk to the families. point. It is hard to believe that we Cleland Hollings Coats Hutchison Sessions Ask that 48 percent what it feels like could not take one penny out of $1 of Cochran Inhofe Shelby to not have adequate child care, what the overall budget and put it into child Collins Inouye Smith (NH) it feels like when you both have to care to make sure that these families Conrad Kempthorne Smith (OR) Coverdell Kerrey Snowe work and you don’t know whether your are able to receive the support that Craig Kyl Stevens child is in really good child care, what they deserve. With almost a 50-percent D’Amato Landrieu Thomas it feels like when you are both working gap, according to CRS, a waiting list of Daschle Leahy Thompson and your child comes home alone from 93,000 families for child care, this is a DeWine Levin Thurmond Dodd Lieberman Warner school. great opportunity to help a lot of mili- We could do a world of good. The evi- tary families in probably the most im- NOT VOTING—8 dence is clear. There is a huge gaping portant way we can. All of us who have Akaka Helms Roth need here. been parents and grandparents know Baucus Hutchinson Specter Glenn Rockefeller With all due respect, whatever offi- that. So I hope my colleagues will sup- cial positions we get from DOD on this, port this amendment. The amendment (No. 2902) was re- the fact of the matter is, I think, the I yield the remainder of my time. jected. evidence is irrefutable. We have a 48 The PRESIDING OFFICER. Who Mr. COATS. I move to reconsider the percent gap, and for 1 penny of 1 dollar, yields time? vote. one-tenth of 1 percent across the board, Mr. THURMOND. Mr. President, I Mr. LEVIN. I move to lay that mo- look at the studies on administrative yield back the remainder of my time. tion on the table. waste. We could put $270 million into The PRESIDING OFFICER. All time The motion to lay on the table was child care for our military families and has been yielded back. agreed to. meet a huge need. That is the issue. Mr. LEVIN. I ask for the yeas and Mr. REID addressed the Chair. I hope there will be strong support nays. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a for this amendment. ator from Nevada. sufficient second on the request for the I reserve the remainder of my time. PRIVILEGE OF THE FLOOR Mr. LEVIN addressed the Chair. yeas and nays? Mr. REID. Mr. President, I ask unan- There appears to be a sufficient sec- The PRESIDING OFFICER. The Sen- imous consent that Alan Easterling, a ond. ator from Michigan. legislative fellow in my office, be al- The yeas and nays were ordered. lowed privileges of the floor during this Mr. LEVIN. Mr. President, just 1 ad- The PRESIDING OFFICER. The action. ditional minute. question is on agreeing to the The PRESIDING OFFICER. Is there The source of these additional funds Wellstone amendment No. 2902. The objection? Without objection, it is so is across-the-board reduction in every yeas and nays have been ordered. The ordered. budget activity in the Defense Depart- clerk will call the roll. ment. It is not aimed at some category The assistant legislative clerk called AMENDMENT NO. 2981 called ‘‘waste.’’ I think if there were the roll. The PRESIDING OFFICER. Under such a category, everybody in this Mr. NICKLES. I announce that the the previous order, the question reoc- body would identify it. And I have Senator from North Carolina (Mr. curs on the Inhofe amendment No. 2981, spent a good part of my life seeking to HELMS), the Senator from Arkansas of which there will be 10 minutes of de- identify it, have identified a lot of it, (Mr. HUTCHINSON), and the Senator bate equally divided in the usual form. and we have been able to get rid of a from Delaware (Mr. ROTH), are nec- Mr. COATS. Mr. President, could I lot of it. essarily absent. ask, who will be controlling the time This amendment would take money I further announce that the Senator on the proponents’ side of the amend- from every budget activity, in a very from Arkansas (Mr. HUTCHINSON) is ab- ment? small amount, which the Senator has sent because of a death in the family. The PRESIDING OFFICER. The Sen- identified. But those budget activities I also announce that the Senator ator from Oklahoma controls the time for weapons systems are just as impor- from Pennsylvania (Mr. SPECTER) is ab- for the proponents. tant as they are. Research and develop- sent because of illness. The Senator from Indiana opposes ment is part of that. Those budget ac- Mr. FORD. I announce that the Sen- the amendment and controls the time. tivities include DOD schools, family ator from Hawaii (Mr. AKAKA), the Sen- Mr. INHOFE. Mr. President, it is my support centers, commissaries. Fami- ator from Montana (Mr. BAUCUS), the understanding, for clarification, that lies need those things too. Senator from Ohio (Mr. GLENN), and we have 10 minutes equally divided, So when the Senator makes an the Senator from West Virginia (Mr. and I would like to be recognized to unallocated cut across each budget ac- ROCKEFELLER) are necessarily absent. close debate on my amendment.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7043 The PRESIDING OFFICER. The Sen- not be deducted from the time of the I thank the Senator from Indiana. ator is correct. Senator from Arizona. I yielded be- Mr. COATS. I yield 30 seconds to the Mr. INHOFE. The Senator from Indi- cause I was under the false impression Senator from Virginia. ana is going to speak in opposition to that the Senator was going to speak in Mr. ROBB. Thank you, Mr. President. my amendment; if you recognize the favor of our position on this amend- Mr. President, very briefly, every sin- Senator from Indiana first, so I can ment. gle Member of this Chamber under- close debate. I am reluctant to fail to yield to the stands that eventually we will have to Mr. COATS. Mr. President, very Senator from West Virginia, but had I have the intestinal fortitude to reduce briefly, in the time we have, I don’t known he was asking for time for this infrastructure if we are going to sup- enjoy opposing matters offered by my purpose, I would have been sorely port force structure. This amendment friend from Oklahoma, but I have a tempted not to yield. I probably would moves us in precisely the opposite di- fundamental disagreement with him on have, but I would have been sorely rection. If we don’t have the fortitude this particular issue. tempted not to. to make those choices, let’s at least let We do four basic things in defense: I appreciate the Senator’s interest in our commanders have the flexibility so We pay for people and their quality of that subject, however. I know we have they can make the choices for us in the life; we research, develop, and purchase and will continue to have debates on interim. modern weapons and give them the that. Mr. President, virtually every Mem- very best capabilities; we support the Mr. BYRD. I thank the distinguished ber of this body knows that another readiness of our forces; and we pay for Senator. one or two rounds of base closures will infrastructure—the bases and all the I have a few words to say today about not only save money, but will save bil- infrastructure for support. yesterday’s colloquy between the Sen- lions. But many in the Congress have We know four things: We know that ator and myself in which I clearly mis- concluded unequivocally that pre- our military people are underpaid and understood the Senator. I think we serving jobs and infrastructure in their that their quality of life is suffering; passed each other, but most of the fact states and districts is more important we know they live in inadequate hous- that we passed each other was my than military readiness and moderniza- ing; we know we have a $10 to $15-bil- fault, and I want to state that more tion. Some are in fact determined to lion-a-year shortfall in research, devel- clearly later today. punish the Administration for its ac- opment, and modernization; we know Mr. COATS. I thank the Senator for tions related to privatization-in-place that we have strains in growing, cracks saying that. at Kelly and McClellan Air Force and fissures in our readiness; and we Mr. President, if I could ask, how Bases. But who is being punished? We know that we have too much infra- much time remains on our side? punish the nation’s taxpayers when we structure. The Department of Defense The PRESIDING OFFICER. There fail to make the best use of the re- says we cut personnel and everything are 3 minutes. sources with which they entrust us. We else by 40 percent, infrastructure by 20 Mr. COATS. I yield 2 minutes to the punish today’s soldiers, sailors, airmen percent. Senator from Arizona. and marines whose readiness depends What this amendment does is send a Mr. MCCAIN. Mr. President, let me on adequate funding for equipment, message. It sends a message that we just make a couple comments on this training and operations. We punish to- will subordinate the interests of caring amendment. morrow’s force as we continue to mort- for our people, of supporting new mod- One, there seems to be some debate gage research, development, and mod- ernization of weapons, of making sure as to whether base closing actually ernization of equipment necessary to of our readiness, in order that we keep saves money or not—one of the more keep America strong into the 21st cen- the infrastructure that we have, in bizarre and interesting and illogical ar- tury. order that we protect civilian jobs and guments I have heard in my time in The amendment before us takes our bases that the Department of Defense the Senate. If closing bases didn’t save parochialism and so-called punishment does not want and does not need. money, after World War II we should of the Administration even further. It is exactly the wrong message to have kept the thousands of bases that The amendment seeks to make it even send to our service people, to send to we had across America open. Look, more difficult for DoD to shift per- our national defense. It jeopardizes our closing bases saves money; it just de- sonnel among bases, to allocate re- national security. We want to take rea- pends on when. The sooner we get sources as efficiently as possible, to sonable steps to put in place a process about that business, the sooner we will align our infrastructure in the best to remove excess infrastructure so we be able to have the money that would manner for supporting the warfighter. can address these three other critical take care of force modernization, re- Rather, this amendment represents a needs. tention of qualified men and women, flagrant attempt to frustrate the le- I yield to my friend from Arizona. and so many other urgent require- gitimate efforts of our service leaders Mr. BYRD. Before the Senator ments for national defense. to reduce and realign their personnel speaks, would the Senator yield brief- Let me quickly add one of the prac- and facilities to meet changing secu- ly? tical effects of this amendment. It rity requirements and save money. Mr. COATS. I am happy to yield to would prohibit any installation from The standards for allowable realign- the Senator. being closed for 4 years following a re- ment and adjustment of people and fa- Mr. BYRD. Mr. President, the Su- alignment, where, as a result of the re- cilities are already significantly lim- preme Court of the United States has alignment, civilian employment iting for the services. Greater limits on just struck down the line-item veto by dropped below 225—not military pres- service authority to adjust its infra- a vote of 6–3. I ask unanimous consent ence, civilian employment. My friends, structure, reassign individuals and that I and Senator MOYNIHAN and Sen- there is nothing more revealing about units, move forces and capabilities to ator LEVIN may have some time—say, the amendment than that the focus is where they are needed when they are not to exceed 30 minutes—following the on civilian employment. That could needed—does nothing but harm na- three votes that are scheduled. mean no installation could be closed— tional security. I urge my colleagues to Mr. MCCAIN. I object, unless Senator it could remain open, could be forced to reverse this insidious trend of raw pa- COATS and I are given equal time. remain open, with no military presence rochialism, of protecting jobs and land Mr. BYRD. Mr. President, I would at all, no military people, but just 225 and buildings at the expense of our na- love to give both of those Senators civilians, and the base being left open. tion’s security. double the time. I make the consent It is incredible. With that, I thank the Chair and that they have equal time. Let me finally say, the Secretary of yield the floor. The PRESIDING OFFICER. Without Defense has recommended a Presi- Mr. DASCHLE. Mr. President, I come objection, it is so ordered. dential veto of this bill if this amend- to the floor today as a cosponsor of the Mr. COATS. Mr. President, I ask ment goes through, and I strongly sup- amendment before us. This amendment unanimous consent the time just yield- port that. This is a very dangerous would further reduce the Secretary of ed to the Senator from West Virginia thing for national security. Defense’s ability to close and realign

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7044 CONGRESSIONAL RECORD — SENATE June 25, 1998 bases without the consent of Congress. ment’s assertion that significant ex- tional bases, it is critical that Congress The amendment also expresses the cess capacity remains. As the Cold War make informed decisions when deciding sense of the Senate that Congress was winding down in the late-1980s, the on the future of key facilities like Ells- should not authorize additional rounds Defense Department properly decided worth and many others across this of base closure until we have ceased op- to reexamine our military strategy and country. Despite the best efforts of my- erations at bases already marked for force requirements. The Pentagon con- self and the Majority Leader in last closure. ducted a rigorous analysis called the year’s Defense Authorization bill to I have listened carefully to the argu- Bottom-Up Review. This review spelled gain the necessary knowledge, numer- ments of those opposed to this amend- out the numbers and types of military ous important questions remain unan- ment. In the immortal words of that forces this Nation would need to meet swered. great pop philosopher Yogi Berra, it the security challenges of the 1990s and In addition to firming up the cost feels like deja vu all over again. If beyond. In order to minimize disrup- data, the Pentagon must provide the memory serves me correctly, on this tions, this review set precise future Congress with rigorous analysis that very bill last year, many of these same targets on such force components as spells out the number and types of Senators used many of the same argu- military personnel for each service, bases it will need for the base force. ments we are hearing today. After lis- combat ships, and fighting aircraft. Once the Pentagon has done its home- tening to last year’s debate, the Senate Unfortunately, the Defense Depart- work, it will be appropriate for Con- overwhelmingly rejected their argu- ment has never seen fit to produce a gress to consider taking action. I look ments. Little has changed in the inter- similar master plan on military bases. forward to working constructively with vening period. I believe the Senate Despite the fact that the Pentagon has the Department of Defense in the should follow the same course this stated since the late 1980s the approxi- months and years ahead on the rela- year. mate number and types of forces it will tionship between our national security Since 1988, Congress has authorized need well into the next decade, it has and our base structure. Once the Pen- four rounds of base closure. As a result never chosen to specify the number and tagon has its own house in order, I am of these authorizations, operations will types of bases necessary to house this prepared to revisit this issue. Unfortu- be ended at 97 major military installa- force. Instead, DoD continues to make nately, that time has not yet come. tions in this country—nearly 20 per- the case for base closures using ques- Therefore, I ask my colleagues to sup- cent of all U.S. bases. In addition, ac- tionable calculations of excess capac- port this amendment. tivities will be curtailed at hundreds of ity. We made this point last year, and Mr. COATS. I reserve the balance of other military bases around the coun- it remains valid today. According to a my time. try. These closures and consolidations May 1, 1998 letter from GAO, ‘‘precise The PRESIDING OFFICER. The Sen- will take until 2001 to complete. As measures of excess capacity are often ator from Oklahoma. Mr. INHOFE. I ask what the remain- they did last year, opponents of this lacking, and we have noted that DoD der of my time is. amendment argue that we have not needs a strategic plan to guide the The PRESIDING OFFICER. Forty- done enough. They argue that we need downsizing of its infrastructure.’’ two seconds left for the opponents and As for savings from base closures, to close more bases. They assert that 5 minutes for the proponent. previous rounds of base closure have both GAO and CBO have issued reports Mr. INHOFE. First of all, there is not produced billions in savings and that that call into question the reliability a person in this Chamber who has a future rounds will do the same. And of the Pentagon data offered up by the stronger record for supporting defense they again rely upon incomplete and proponents of this amendment. Accord- than I do—not one Senator on the questionable data from the Pentagon ing to GAO’s most definitive base clo- Democrat side or the Republican side to back them up. sure report, ‘‘the exact amount of ac- has a stronger record in support of de- Last year, I joined with Senator tual savings realized from [base clos- fense. LOTT, the distinguished Majority Lead- ings] is uncertain.’’ GAO goes on to say No. 2, those individuals who are er, and Senator DORGAN in pointing to that the Defense Department’s cost speaking against it, I wish we had a base closure studies by the General Ac- and savings estimates were, ‘‘not of chance last night, we had a little bit counting Office and the Congressional budget quality and rigor.’’ CBO stated, longer for debate. This has nothing to Budget Office that raised significant ‘‘[it] is unable to confirm or assess do with base closures, because I ap- doubts about the Pentagon’s data. DoD’s estimates of cost and savings be- prove of the BRAC process. Last night, After listening to our arguments, the cause the Department is unable to re- I went into detail as to why I think Senate, by a vote of 66 to 33, adopted port actual spending and savings for that is the right process to use. language offered by the Republican [base closure] actions.’’ In other words, No. 3, the Senator from Arizona leader and myself requiring the De- both GAO and CBO have raised signifi- talked about ‘‘measuring″ with civilian fense Department to submit a com- cant questions about the accuracy of employees. That is current law. We are prehensive report on base closure and the Pentagon’s accounting system for not changing that. That is already in to have GAO and CBO review this re- base closures. the law. That law, by the way, was put port. Mr. President, this is an extremely on the books by the current Secretary The Pentagon recently issued its important issue. The outcome of this of Defense when he was then in the four-volume report on base realign- debate will have important con- U.S. Senate. ment and closure. Unfortunately, this sequences for both our national secu- So, I only say that we have covered report appears to be as short on new in- rity and the scores of communities all these bases. It is something that is formation as it is long in word count. across this country that host military significant. Yes, we do have excess in- Despite the fact that the report runs facilities. I remain concerned about the frastructure, but when we heard Sec- nearly 2000 pages, it fails to provide impact that additional base closures retary Peters and General Ryan say some of the basic information required could have on our national defense. they didn’t care what Congress said, under the legislation adopted by Con- Once the Pentagon closes a major mili- they are going to go ahead and close gress last year. Moreover, since the De- tary installation, that facility is gone the bases without going to Congress, I partment chose to release its report forever. The Defense Department can- decided we had to do something to stop just a short time ago, GAO and CBO not simply reopen the doors to a mili- that. That is all this does—it makes have been unable to complete their re- tary base it has closed should a new them come to us instead of doing it view prior to the Senate’s consider- military threat arise. without our consent or knowledge or ation of this amendment. This debate will also have a major without the BRAC process. Nonetheless, these organizations impact on our communities. Ellsworth I yield the remaining time to the have already provided us with a consid- Air Force Base in my home state is an Senator from North Dakota. erable amount of information about excellent example. This facility and Mr. DORGAN. Mr. President, the the Pentagon’s data on excess capacity the people who run it have served this Senator from Oklahoma closed? and base closure savings. First, let me Nation well for 50 years. Given the far- The PRESIDING OFFICER. That is briefly address the Defense Depart- reaching ramifications of closing addi- not correct. The Senator from Indiana

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7045 still has 42 seconds, and the Senator this question in mind. What does the to maintaining readiness and funding a ro- from Oklahoma has 3 minutes. Defense Department mean by request- bust modernization program. It spreads a Mr. INHOFE. It is my understanding ing two additional base-closing rounds limited amount of operation and mainte- that I made the request that I be recog- at the same time that folks at DOD are nance funding too thinly across DoD’s facili- ties, degrading the quality of life and oper- nized to close debate on my amend- talking about building and developing ational support on which readiness depends. ment. new superbases? Where? How big? At It prevents us from adapting our infrastruc- The PRESIDING OFFICER. That was what cost? Let’s answer some of those ture to keep pace with the operational and not the understanding of the Chair. questions before we proceed. technical innovations that are at the corner- Mr. MCCAIN. I ask unanimous con- Finally, let me respond to the re- stone of our strategy for the 21st century. In sent that the Senator from Oklahoma marks of the Senator from Arizona short, this amendment would be a step back- be allowed to close debate—for how about civilian employees. The civilian ward that would harm our long-term secu- many minutes? employee standard has been in law for rity by protecting unnecessary infrastruc- ture. Mr. INHOFE. One minute. some 20 years. This amendment modi- I urge you to oppose the Inhofe/Dorgan Mr. MCCAIN. I ask that he be yielded fies it or adjusts it some. But as a amendment during floor consideration of the 2 minutes. standard for the Department’s author- Authorization Bill. Its passage would put the The PRESIDING OFFICER. Without ity in this area, the number of civilian entire bill at risk. Congress has given me the objection, it is so ordered. employees is not new. responsibility to organize and manage the Mr. COATS. Was that request for ad- So I am happy to join the Senator Department’s operations efficiently. I need ditional time for the Senator, or within from Oklahoma in authoring this to preserve my existing authority to fulfill that responsibility. the 5 minutes? amendment. The PRESIDING OFFICER. My un- Again, I think some base closings Mr. COATS. Mr. President, I yield derstanding was within the 5 minutes. will save money. I think we will do our remaining time to the Senator Mr. COATS. We have no problem that at some point, but this is not the from Michigan. with the Senator closing debate. I time. We have nearly 30 that were or- Mr. LEVIN. How much time is left? The PRESIDING OFFICER. Twelve don’t think 42 seconds is going to swing dered closed that are not yet closed. things one way or another, unless I seconds. Let’s finish that job. Mr. LEVIN. Mr. President, this come up with something really clever. Mr. COATS. Mr. President, I yield 10 amendment, if adopted, will dig us into Mr. INHOFE. Mr. President, I yield seconds to Senator WARNER. a deeper hole. We are not authorizing a to the Senator from North Dakota, and Mr. WARNER. Mr. President, we new BRAC round in this bill. That is if there is a minute remaining, I will spoke on this late last night, around not before us. This amendment will take the minute after the other side 9:30, 10 o’clock. The Senator from Vir- make it more difficult for the Sec- has concluded their remarks. ginia expressed his opposition to the retary of Defense to realign bases that The PRESIDING OFFICER. The Sen- amendment. I referred to the letter he currently can without a BRAC ator from North Dakota. from the Secretary of Defense. I will round. Mr. DORGAN. Mr. President, I shall read one sentence: Mr. INHOFE. Mr. President, how not use all the time allotted to me. I This proposal would seriously undermine much time do I have? just want to make a couple points. my capacity to manage the Department of The PRESIDING OFFICER. One and There isn’t any question, I say to my Defense. a half minutes. friend from Arizona, Senator MCCAIN, Bill Cohen is a man we all know, a Mr. INHOFE. Mr. President, I agree that the base-closing rounds have man we unanimously supported. I with the very letter of what the Sen- saved money. I don’t think there is a think it is a testament to him that we ator from Michigan said. He is right. It quarrel in this Chamber about that. defeat this amendment. does make it more difficult for the Sec- Base closings save money. They do cost I ask unanimous consent that this retary of Defense to close the realigned some money in the short term—there letter from Secretary Bill Cohen be bases without coming to Congress or is no question—but they save money. printed in the RECORD. without going through the BRAC proc- I have voted for four rounds of base There being no objection, the letter ess. closures, and it is likely that I will was ordered to be printed in the I have to say, respectfully, to my col- vote for additional base closures, be- RECORD, as follows: league from Virginia that the letter he cause we need some restructuring. But DEAR MR. CHAIRMAN: I am writing to ex- read from was referring to a previous the real question is this: Will we have press the Department of Defense’s strong op- version—a much stronger bill. We have the information we need to make the position to an amendment to the fiscal year moderated this language quite a bit. I right decision as we cast that vote? 1999 Defense Authorization Bill that has been also say that is the same individual As my colleagues will recall, both the proposed by Senators Inhofe and Dorgan. If that put this into law 20 years ago him- enacted, this amendment would further re- Congressional Budget Office and the self. General Accounting Office are skep- strict the Department’s already limited abil- ity to adjust the size and composition of its Third, this doesn’t stop the 2001 tical about the Defense Department’s base structure. The Department will have BRAC process. It does not stop. We can savings estimates. Let me share what views on other provisions in the Authoriza- still do it. It just says we don’t need to the Congressional Budget Office said tion Bill as well, but I want to draw your at- decide in this bill whether or not we about this a while ago: tention to this particular amendment before are going to have a 2001, and it could The Congress could consider authorizing the Senate completes consideration of your just as well be done next year. an additional round of base closures if the bill. Lastly, the comment that was made Department of Defense believes that there is The Department can undertake closure and that this would draw a veto, this is a surplus of military capacity after all realignments only after first complying with used every year. I have very serious the requirements of 10 USC 2687. As a prac- rounds of BRAC have been carried out. doubts that the President of the United Then the Congressional Budget Office tical matter, section 2687 greatly restricts the Department from taking any action to States, on the defense authorization says: reduce base capacity at installations with bill, is going to veto it on the basis of That consideration, however, should follow more than 300 civilians authorized. The an amendment that is supported by an interval during which DOD and inde- amendment being proposed would extend the both the majority leader, TRENT LOTT, pendent analysts examine the actual impact application of section 2687 to an even greater and the minority leader, TOM DASCHLE. of the measures that have been taken thus number of installations. I yield the remainder of my time. far. This proposal would seriously undermine The PRESIDING OFFICER. All time About a couple dozen of the bases my capacity to manage the Department of has expired. Is there a request for a Defense. Even after eight years of serious at- that have been ordered to close are not rollcall vote? yet closed. We ought to finish the job tention to the problem, we still have more infrastructure than we need to support our Mr. COATS. Mr. President, I ask for we have done in the previous rounds forces. Operating and maintaining a base the yeas and nays. before we begin a new one. structure that is larger than necessary has The PRESIDING OFFICER. Is there a I have another question about this broad, adverse consequences for our military sufficient second? issue, and I think all of us should bear forces. It diverts resources that are critical There is a sufficient second.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7046 CONGRESSIONAL RECORD — SENATE June 25, 1998 The yeas and nays were ordered. Who yields time? maybe they will find some of these bil- The PRESIDING OFFICER. The Mr. HARKIN addressed the Chair. lions of dollars for which they haven’t question is on agreeing to the amend- The PRESIDING OFFICER. The Sen- been able to account. ment of the Senator from Oklahoma. ator from Iowa. Right now the Secretary cannot take The clerk will call the roll. Mr. HARKIN. Mr. President, what is that money and put it into veterans. The legislative clerk called the roll. the parliamentary procedure? This amendment will allow him to do Mr. NICKLES. I announce that the The PRESIDING OFFICER. The Sen- so. It doesn’t mandate it, but it allows Senator from Arkansas (Mr. HUTCH- ator is recognized for 5 minutes, and it. INSON) and the Senator from Delaware the Senator from South Carolina is Lastly, I note with some interest an (Mr. ROTH) are necessarily absent. recognized for 5 minutes. article that appeared in this morning’s I further announce that the Senator Mr. HARKIN. Mr. President, the Washington Post. It points out that the from Arkansas (Mr. HUTCHINSON) is ab- amendment I offered last night—Mr. House yesterday voted to buy $431 mil- sent because of death in the family. President, there still is not order in the lion worth of airplanes that the Pen- I also announce that the Senator Senate. tagon didn’t even request. They didn’t from Pennsylvania (Mr. SPECTER) is ab- The PRESIDING OFFICER. There even request the C–130s. What the Pen- sent because of illness. continues to be a fairly high level of tagon did want is a squadron of F–18s, Mr. FORD. I announce that the Sen- discussion. Will Senators to the left of our carrier-based aircraft, because the ator from Hawaii (Mr. AKAKA), the Sen- the rostrum please take their conversa- F–14s are getting old. Over 32 have ator from Montana (Mr. BAUCUS), the tions to the Cloakroom. crashed since 1991. Yet, we are going to Senator from Ohio (Mr. GLENN), and The Senator from Iowa. buy $431 million worth of C–130s. the Senator from West Virginia (Mr. Mr. HARKIN. I thank the President If anyone is saying that DOD doesn’t ROCKEFELLER) are necessarily absent. for getting order in the Chamber. have the $329 million to take care of The PRESIDING OFFICER (Mr. This amendment I offered basically our veterans, I say nonsense. Of course, GREGG). Are there any other Senators transfers $329 million from the Depart- we do. I will make the point once again in the Chamber desiring to vote? ment of Defense to the Veterans Af- that taking care of veterans’ medical The result was announced—yes 48, fairs’ medical account. The veterans’ needs is part and parcel of our ongoing nays 45, as follows: needs are very clear. We have a declin- military budget, and it ought to be [Rollcall Vote No. 174 Leg.] ing population, they say, of veterans, viewed in that manner. YEAS—48 so why do they need that much money? Mr. President, I reserve the remain- That may be true for World War II Abraham Dodd Lautenberg der of my time. Allard Domenici Lott vets. But now we have the Vietnam The PRESIDING OFFICER. Who Bennett Dorgan Mack vets coming on board. Plus, our vets yields time? If no one yields time, the Bond Durbin McConnell are living longer and are sicker than Chair will run the clock. Boxer Faircloth Mikulski Breaux Ford Moseley-Braun the general population. Plus, we have Mr. THURMOND addressed the Chair. Brownback Frist Murray the problems with medical inflation. The PRESIDING OFFICER. The Sen- Burns Gorton Nickles Yesterday, during the debate, men- ator from South Carolina. Campbell Graham Roberts tion was made that the veterans ac- Mr. THURMOND. I oppose this Cleland Hagel Sarbanes Collins Hatch Sessions count got more than a 12-percent in- amendment offered by Senator HARKIN, Conrad Helms Shelby crease from last year. I checked that and I will make my statement short. Coverdell Hutchison Smith (NH) out. That was based on a Washington We have had the debate on defense Craig Inhofe Snowe D’Amato Kempthorne Thomas Post article regarding the VA–HUD ap- spending, and I do not need to repeat Daschle Landrieu Torricelli propriations. But when I looked at the those arguments. The level of defense total budget account for Veterans Af- spending was set with the Administra- NAYS—45 fairs, from 1997 to 1998, there was less tion in the budget agreement. This Ashcroft Grassley Lugar Biden Gregg McCain than a 1-percent increase in Veterans agreement was widely supported by Bingaman Harkin Moynihan Affairs. That is for the total veterans this body and should not be dis- Bryan Hollings Murkowski budget. There was even less than that regarded. Some of my colleagues have Bumpers Inouye Reed in the medical account budget for our argued that the money for defense is Byrd Jeffords Reid Chafee Johnson Robb veterans. unnecessary and they have always Coats Kennedy Santorum What my amendment seeks to do is found other uses for this money. Cochran Kerrey Smith (OR) to put some money into the veterans’ Thankfully, Mr. President, this body DeWine Kerry Stevens Enzi Kohl Thompson benefits in the medical account. This has not agreed with these arguments Feingold Kyl Thurmond chart shows that out of our discre- and has provided the resources nec- Feinstein Leahy Warner tionary dollar, we spend about 501⁄2 essary to meet our national security Gramm Levin Wellstone cents of each dollar for military, but needs. Grams Lieberman Wyden for veterans’ benefits, about 31⁄2 cents. Mr. President, the budget agreement NOT VOTING—7 My amendment will take the alarm- does not fully fund defense. The budget Akaka Hutchinson Specter ingly large amount of one-eighth of 1 agreement represents what funds are Baucus Rockefeller penny—one-eighth of 1 penny—of the available. The fact is, Mr. President, Glenn Roth entire Defense Department budget to our Armed Forces have been reduced. The amendment (No. 2981) was agreed put where it is needed to help care for Since the end of the cold war, the ac- to. our sick and elderly veterans. That $329 tive military end strength has been re- Mr. FORD. Mr. President, I move to million will simply keep the current duced from 2.2 million men and women reconsider the vote. level of services. It will not expand it. to a little over 1.4 million. Annual de- Mrs. BOXER. I move to lay that mo- Lastly, this amendment will author- fense spending continues to decline tion on the table. ize the Secretary to transfer the from the build up of $400 billion to The motion to lay on the table was money. It doesn’t mandate. Two years about the $260 billion, in equivalent, in- agreed to. ago, the comptroller general of the De- flation adjusted dollars. AMENDMENT NO. 2982 partment of Defense said they could Mr. President, I am not opposed to The PRESIDING OFFICER. The Sen- not account for over $13 billion in DOD increasing the funding for veterans’ ate will now resume the Harkin amend- spending. They couldn’t even find it. health care, but not at the cost of our ment, No. 2982, with 10 minutes of de- Then we had recent testimony this national security. We have been bate. year from the IG’s office regarding ac- warned of funding problems in defense. First, we will have the Senate come counting principles. This will authorize We must not further reduce defense to order. We will not proceed with de- the Secretary to transfer the money. spending, but instead, reverse the bate and the vote until we can get Sen- Where will the Secretary get the downward trend we have experienced ators to take their conversations to money? You never know. Maybe they over the last decade in defense spend- the Cloakroom. will get better accounting principles, ing. I sincerely hope we will heed the

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7047 hard lessons we have already learned, The result was announced—yeas 38, bility of accelerating the currently and not have to learn the same painful nays 55, as follows: planned Navy Upper Tier deployment lesson over and over? [Rollcall Vote No. 175 Leg.] date of fiscal year 2008’’ including an Mr. President, I strongly urge all of YEAS—38 estimate of ‘‘the cost and technical my colleagues to oppose this amend- Biden Durbin Kohl feasibility to options for a more robust ment and not further aggravate a seri- Bingaman Faircloth Landrieu Navy Upper Tier flight test program, ous underfunding of our defense. Boxer Feingold Lautenberg the earliest technically feasible deploy- I thank the Chair, and yield the Breaux Feinstein Leahy ment date and costs associated with Bryan Ford Mikulski floor. Bumpers Grassley such a deployment date.’’ Moseley-Braun Mr. President, many of us believe The PRESIDING OFFICER. Who Byrd Harkin Moynihan yields time? Campbell Hollings Murray that the AEGIS Option may be the Conrad Inouye Mr. HARKIN. How much time do I Reid most expeditious, capable and cost-ef- D’Amato Jeffords Sarbanes have left? Daschle Johnson fective way to begin providing ballistic Wellstone The PRESIDING OFFICER. The Sen- Dodd Kennedy missile defense—not only for our forces Wyden ator has 48 seconds. Dorgan Kerry and allies overseas but for the Amer- Mr. HARKIN. Mr. President, this NAYS—55 ican people, as well. This is the case be- amendment is supported by veterans’ Abraham Graham Murkowski cause the Nation has already spent groups, including the Paralyzed Vet- Allard Gramm Nickles nearly $50 billion building and deploy- erans of America, the Blind Veterans Ashcroft Grams Reed ing virtually the entire infrastructure Association, and the Vietnam Veterans Bennett Gregg Robb we need to field the first stage of a Bond Hagel Roberts of America. Brownback Hatch world-wide anti-missile system. Santorum Mr. INHOFE. Would the Senator The veterans have fulfilled the duty Burns Helms Sessions they had to serve our country. Now it Chafee Hutchison Shelby yield? Cleland Inhofe Smith (NH) I want to commend the Senator from is up to us to fulfill our duties, our ob- Coats Kempthorne Smith (OR) Arizona for his leadership in identi- ligation, and our solemn promise: Pro- Cochran Kerrey Snowe Collins Kyl fying and encouraging this important vide for our veterans. Stevens Regardless of how you cut this issue, Coverdell Levin program. Craig Lieberman Thomas I too have, as a member of the Armed the health care of our veterans is a Thompson DeWine Lott Services Committee, looked at the matter of our national security. What Domenici Lugar Thurmond issue of our vulnerability to missile at- does it say to young people today en- Enzi Mack Torricelli Frist McCain Warner tack and concluded—as has my friend tering the service who may serve in the Gorton McConnell from Arizona—that it is one of the Persian Gulf, or who knows where, to most serious shortcomings we have in defend our national interest if they see NOT VOTING—7 our entire military posture. how we treat the veterans of our past Akaka Hutchinson Specter Baucus Rockefeller I too have concluded that there is wars? Glenn Roth nothing we could do that would be fast- This amendment will simply keep er or more effective than the AEGIS the current level of services in the The amendment (No. 2982) was re- jected. Option in terms of defending our people medical account section of our vet- against the sorts of threats we now erans budget. We should do no less Mr. ROBB. Mr. President, I suggest the absence of a quorum. read about practically every day—from than that. the thirteen ICBMs China has pointed The PRESIDING OFFICER. Time has The PRESIDING OFFICER. The clerk will call the roll. at our cities, to the possibility of an expired. The Senator from South Caro- accidental Russian missile launch, to lina has 2 minutes 40 seconds remain- The assistant legislative clerk pro- ceeded to call the roll. the Indian, Pakistani, Iranian and ing. North Korean missile programs, to Mr. THURMOND. I yield back my The PRESIDING OFFICER. The Sen- ator from Arizona. Saddam Hussein’s VX never gas-laden time. missiles and so on. The PRESIDING OFFICER. The yeas Mr. KYL. Notwithstanding the pend- ing business, I ask unanimous consent Does the Senator know why the Pen- and nays have not been ordered. tagon has not provided the information Mr. HARKIN. I ask for the yeas and that I be permitted to enter into a col- loquy with some members of the we requested last year? Our bill specifi- nays. cally said February. The PRESIDING OFFICER. Is there a Armed Services Committee. The PRESIDING OFFICER. Without Mr. KYL. It is my understanding that sufficient second? this study has been complete for some objection, it is so ordered. There is a sufficient second. time—well over a month. In fact, in The yeas and nays were ordered. THE AEGIS/NMD STUDY early May, the President’s key NSC The PRESIDING OFFICER. The Mr. KYL. I would like to enter into a staffer in the defense and arms control question is on agreeing to amendment colloquy with the distinguished man- field, told a public meeting that it was No. 2982. The yeas and nays have been ager of the Defense Authorization bill ‘‘in the mail.’’ The staffer seemed to be ordered. The clerk will call the roll. and several other members of the saying that his office as well as the De- The assistant legislative clerk called Armed Services Committee who share fense Department had finished review- the roll. my concerns about the Pentagon’s fail- ing it and would be providing it Mr. CRAIG. I announce that the Sen- ure to date to respond to a requirement promptly. Lt. Gen. Lyles did brief me ator from Delaware (Mr. ROTH) is nec- established first by the Committee in on the study, and he has kept a dia- essarily absent. its action on last year’s DoD bill, and logue open with my staff, but our pref- I further announce that the Senator then by the conferees on that legisla- erence is to receive the report. from Arkansas (Mr. HUTCHINSON) is ab- tion. Mr. INHOFE. Has the Senator any in- sent due to a death in the family. The first of these requirements was dication about the cause of the further I also announce that the Senator for the Defense Department to provide delay? from Pennsylvania (Mr. SPECTER) is ab- a study of the contribution that the Mr. KYL. I am advised that the study sent because of illness. Navy’s Upper Tier—or Theater Wide— has been objectively perfomed. As a re- Mr. FORD. I announce that the Sen- anti-missile defense program, based on sult, it confirms what the Senator from ator from Hawaii (Mr. AKAKA), the Sen- the AEGIS fleet air defense system, Oklahoma and I and others have been ator from Montana (Mr. BAUCUS), the could make to protecting the United saying for some time: The Navy’s Senator from Ohio (Mr. GLENN), and States against long-range ballistic mis- AEGIS system can contribute signifi- the Senator from West Virginia (Mr. siles. The due date for this report was cantly to protecting the United States ROCKEFELLER) are necessarily absent. February 15, 1998. against missile attack—and do so rel- The PRESIDING OFFICER. Are there The conferees added to this require- atively quickly and inexpensively. any other Senators in the Chamber de- ment by directing the Department to Weeks and months have now gone by, siring to vote? report by that same date on ‘‘the feasi- the DoD authorization bill is nearly at

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7048 CONGRESSIONAL RECORD — SENATE June 25, 1998 the end of the legislative process and Mr. INHOFE. I would say to the limiting the number of individuals who the delay has kept Members in the Chairman that I hope he would agree can get a Navy ROTC scholarship and dark about an important opportunity to consider taking some stern meas- still go to the college or university of we have for adding promptly and cost- ures in the conference committee if their choice. There are 69 colleges and effectively to our Nation’s defense. this study—which is now over four universities in 68 programs in America Mr. SMITH of New Hampshire. As the months overdue—continues to be kept that participate in the Navy ROTC pro- Senator from Arizona knows, I took from the Congress. One option that gram. the lead as Chairman of the Armed could be in order would be to ‘‘fence’’ How it works is, young men and Services Committee’s Strategic Sub- the funds for the Office of the Sec- women win the scholarship. They then committee in drafting these reporting retary of Defense until such time as must accept the scholarship. Then they requirements. I think that, if what the the AEGIS study is provided to us in submit the names of the five colleges Senator has been told is accurate, the both a classified and unclassified form. or universities that they choose in Administration’s conduct would not Mr. SMITH of New Hampshire. I for order. And then the Navy, based on only be unresponsive to the mandate of one would be prepared to support such whether or not other students pre- Congress, but irresponsible with re- a measure, should that prove nec- viously accepted it, decided to attend spect to our national defense. essary. those universities, tells them where It would be completely unacceptable Mr. THURMOND. I can assure my they can apply. if Congress were to be denied informa- colleagues that we will get this study This has produced a new policy, tion it has sought, not because the in- one way or the other and I appreciate which is that several of our programs formation is unavailable, but because their excellent work on this issue. find themselves with two or three its conclusions are inconvenient to an Mr. KYL. Mr. President, I thank the times as many students who have won Administration that is determined to Senator from Oklahoma and the Sen- the NROTC scholarship who want to do everything it can to prevent the de- ator from Virginia for their strong attend that university. But what is ployment of missile defenses. leadership on this matter. happening is, they are now being told As Chairman of the Strategic Forces Mr. GRAMM addressed the Chair. under this policy in the Navy that they Subcommittee it is my responsibility The PRESIDING OFFICER (Mr. ROB- won the scholarship, they won it based to ensure that missile defense pro- ERTS). The distinguished Senator from on merit, they have chosen to attend a grammatic decisions are based upon Texas is recognized. college or university that participates solid information and facts. The report Mr. GRAMM. Mr. President, I rise to in the program, but because 25 other we are currently discussing is key to alert my colleagues to a problem that people chose that college or university my subcommittee’s future decisions on I am trying to find a solution to. In the before they did, that the Navy has program direction and funding for mis- big scheme of things, I guess you might made a value judgment that we don’t sile defense. This report is one part of say this is not an overwhelming prob- need more than 25 people to attend the process of examining our NMD pro- lem. But given that we are talking VMI on an NROTC scholarship, or to gram objectively, comparing the mer- about the leadership of the Navy in the attend Texas A&M under an NROTC its of each and deciding where future future, I think it is of enough signifi- scholarship. resources should be applied. cance that attention ought to be fo- This problem is further compounded Mr. WARNER. I want to identify my- cused on it. by the fact that there is no logic to the self with the statements of my distin- In addition, I believe it is indicative distribution of these programs. For ex- guished friends and colleagues from Ar- of a problem within our military that I ample, my guess is that in Texas we izona, Oklahoma, and New Hampshire am seeing over and over again through- probably have 200 kids a year who win on this matter. I have been privileged out the various branches of the armed NROTC scholarships. We have four to have a long association with the services. I wanted to bring it to the at- NROTC scholarship programs. And if Navy, an association that continues to tention of my colleagues today. these caps of 25 each are enforced, it this day in my capacity as Chairman of We currently give Navy ROTC schol- would mean that half of the kids in our the Armed Services Committee’s arships to the best and brightest stu- State who win NROTC scholarships Seapower Subcommittee. dents in America. Students from all would have to go to another State, to Over many years, I have watched the over the country compete for these another school, in order to be able to AEGIS system develop and mature as a scholarships. I know many of my col- receive the scholarship that they formidable fleet air defense capability. leagues are probably not familiar with choose. I am persuaded that even greater re- how the system works, but I want to Compare this to very small States turns can be realized from the wise in- try to explain it because you have to where they might actually have 2 or 3 vestment our Nation has made in this understand it to understand the prob- recipients but at their college or uni- system by adapting it not only to pro- lem that I am raising today. versity they have 25 slots where people vide defenses against relatively short- How the process works is, individual can choose that school. range ballistic missiles but against the students apply to the Navy for an This produces a terrible inequity. It long-range ones that threaten our own ROTC scholarship. They are evaluated creates an especially difficult problem people, as well. on a nationwide basis. The Navy picks for schools that are high on the list of I believe we need to receive the con- people who have technical skills in an people who win these scholarships. tents of the requested study of the academic capacity, people who the In fact, in an internal memo, the AEGIS Option forthwith. I will be Navy believes will make outstanding Navy has said that one of the reasons happy to work with the Chairman of naval officers. I think it is fair to say they want to set these caps is that they the Committee, with the Chairmen of that Navy ROTC scholarships are have estimated that if they allowed our Strategic Subcommittee and our among the most competed for scholar- people who win the scholarships to Readiness Subcommittee and with oth- ships in America. They carry great choose the school they would attend, ers like the Senator from Arizona to prestige. They also carry a commit- 250 people would attend MIT and 250 re- ensure that we find out at once where ment to pay tuition fees and expenses cipients would attend Texas A&M Uni- this document is and, to the maximum at the college or university that schol- versity. extent possible, that we share its con- arship recipients attend. So they are My question is, What is the problem? clusions with the American people. important monetarily. They are impor- My question is, Why has the Navy de- Mr. THURMOND. Let me say, Mr. tant because they represent a highly cided that they are going to try to President, that I would find it uncon- prized scholarship, and they are impor- limit the ability of people who win scionable if the Department of Defense tant because they end up funding the NROTC scholarships to choose the col- were to be deliberately withholding a future leaders of America’s Navy. lege or university they attend that par- study that we sought in connection We are in the midst of a Pentagon ef- ticipates in the program? with our legislative responsibilities. fort to change policy with regard to We, under this new rule, at Texas We need to get to the bottom of this Navy ROTC scholarships. The new pol- A&M will probably have three times as matter and I intend to do so. icy is basically a movement toward many kids from our State who want to

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7049 attend Texas A&M who have won an VMI, they should have the right to go Mr. GRAMM. Mr. President, let me NROTC scholarship. And the Navy is to VMI. And if they are admitted, they conclude by saying I had not men- going to tell them that, because 25 peo- ought to be able to enroll at VMI. The tioned to the Senator, and I want to ple chose Texas A&M before they did, fact that 25 other students have chosen make it clear that so far as I know he they can’t attend Texas A&M. Or, all VMI should make no difference. I do was unaware prior to making that over the country there are going to be not think it is right to make students statement that one of the universities tobacco kids who win an NROTC schol- who win national scholarships go to in America that is over this quota is arship who want to go to MIT, or who colleges that are not their first, or Purdue University. Right now, they are want to go to Notre Dame, another even their second, choice. six slots over the quota, which means very popular program in the NROTC Finally, another amazing thing in that if this quota ends up being rigidly program, and they are going to be told this Navy memo, they are talking enforced, there will be 24 young men that they can’t attend those schools about how they are concerned about and women who wanted to go to Pur- because the Navy has decided to set a people applying for scholarships. In the due who will not be able to attend be- quota to require them to go to schools 1992–1993 academic year, we had 7,667 cause the Navy says they want them to that they don’t want to attend. students in America, high school sen- go somewhere else. Why are the quotas being imposed? iors, apply for NROTC scholarships. Mr. COATS. Mr. President, if the This is the most incredible part of this Today, we have only 5,037 applying. Senator will yield on that, the Senator quota policy. It shows you what you Why is that? Why have we had a dra- had my attention on the issue before, get into when the Navy tires of recruit- matic drop in the number of young stu- but if he had any doubts about it, that ing warriors, when the Navy tires of re- dents—young men and young women— has been resolved. He certainly has my cruiting people who crush tires, when who have applied for NROTC scholar- attention now and we will work to- gether to resolve, fix this problem. the Navy tires of recruiting people who ships? Mr. GRAMM. Mr. President, I see keep Ivan back from the gate, and The reason is the Navy is not letting Senator BYRD in the Chamber, and I them go to the school of their choice. when we are socially engineering in the want to stop. I do congratulate Senator military services of this country. When you win one of the most pres- BYRD on the Supreme Court ruling on What is the logic of this? One sup- tigious scholarships in the country and the line-item veto. Senator BYRD had posed logic of it is racial diversity. you don’t even end up getting your sec- taken the position all along that the Here is the interesting paradox that I ond choice as a school to go to, obvi- Court would strike down the line-item want my colleagues to understand. I ously that dampens the willingness of veto. I think what it says to those of us just pick out Texas A&M because I am people to apply. I do not think quotas who are concerned about the line-item from Texas A&M. At Texas A&M, we ought to be used in choosing where veto and concerned about spending is train and commission with NROTC 60 children go to school in America. This that we need to amend the Constitu- percent more Hispanic graduates who is a national program. They use na- tion, that we need a balanced budget go into the Navy than the NROTC pro- tional tests. They have national stand- amendment to the Constitution. I gram does on average. But yet we are ards. When someone wins an NROTC think it is our obligation now to go being discriminated against in students scholarship, the fact that we say to back and try to get that amendment to who want to come to Texas A&M in the people in my State that half of the kids the Constitution passed. name of racial diversity? How does in Texas who win an NROTC scholar- But I congratulate Senator BYRD. He that make any sense? ship have to go outside Texas in order is the greatest scholar in the Senate. The second reason for limiting the to get the scholarship, and when three He is guardian of this institution, more ability of students to choose to attend times as many want to go to Texas than any other person who has served a school is because of tuition costs. Of A&M than we allow to go to Texas here during my adult lifetime. His posi- those schools that are now above the A&M because we have a quota that tion was vindicated in the Court today, cap: MIT, $24,265 a year; University of says A&M can only allow 25 to enroll, and I want to get out of the way and Colorado, $11,502 a year; University of even though 75 may choose Texas A&M let Senator BYRD talk about it. Southern California, $21,832 a year; as their first choice, that is fundamen- I yield the floor. University of Notre Dame, $21,027 a tally wrong. Mr. WARNER addressed the Chair. year; Texas A&M University, $2,594 a The interesting paradox is that the The PRESIDING OFFICER. Under year. argument for the quota—racial diver- the previous order, the Senators from So we have a policy in the Navy that sity and holding down costs—clearly West Virginia, New York, and Michi- discriminates against students who does not apply to Texas A&M, because gan are recognized for 30 minutes. want to go to Texas A&M when we we commission 60 percent more His- Mr. WARNER. Mr. President, would have 60 percent more Hispanics com- panics than the NROTC program in Senators allow me to do a UC on behalf missioned in the Navy out of Texas general does, and our tuition costs are of the majority leader and Senator A&M than the average NROTC scholar- one-tenth the level of other schools THURMOND? But I first associate myself with the ship. And, yet, the argument for these that are over the limit in terms of the remarks about Senate BYRD being the quotas is racial diversity. The second ability of people to attend those greatest scholar. Clearly, I am not a argument is high tuition costs. Yet, of schools. runner-up, but the Senator from Texas all schools in the country that are over Mr. COATS. Will the Senator yield? this new quota in terms of students Mr. GRAMM. I would be happy to is, and for him to make that humble statement has taken a lot of courage. wanting to enroll at them, Texas A&M yield. Mr. GRAMM. I thought it was pretty has a tuition which, on overage, is one- Mr. COATS. I have discussed this with the Senator from Texas, and I clear myself. tenth the level of other schools that Mr. WARNER. I also wish to thank think he has many valid points. I are overenrolled. the Senator from Texas for sounding would like to offer my services as a So I alert my colleagues to the fact general quarters on this ROTC thing, that we have a major problem with the member of the committee in working Naval ROTC. We have to look into NROTC program. Now, what I believe with him on this question. I think that that. we need to do is the following. I believe this does need to be addressed. I think Now, Mr. President, I understand— that we need to change the policy. We the Senator’s points are legitimate. I Mr. LEVIN. Will the Senator with- say we have a nationwide competition, am hopeful that we can sit down with hold one second? we pick the best and the brightest, and the Department of the Navy and dis- Mr. WARNER. Yes. then we say to the best and the bright- cuss how we can better address this. I Mr. BYRD. Mr. President, I ask unan- est that they have the right to choose. understand their concerns, but I think imous consent that I may yield with- I believe we ought to have a policy the Senator’s concerns need consider- out losing the right to the floor on my with regard to NROTC scholarships ation. Surely, we can find a way—it is own part, Mr. MOYNIHAN’s and Mr. that if a young man or woman wins a beneficial to the Navy, I believe, to LEVIN’s, until the colloquy and the ac- NROTC scholarship based on national find a way to address both the Sen- tion that is about to be taken has been competition and they want to go to ator’s problems, along with theirs. taken.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7050 CONGRESSIONAL RECORD — SENATE June 25, 1998 PRIVILEGE OF THE FLOOR us a vision, set down on parchment. and effortlessly squandered by less Meanwhile, I ask unanimous consent Our Constitution embodies that vision, worthy keepers of that trust. that during the remarks of Mr. MOY- that dream of freedom, supported by Mr. President, let me read just a few NIHAN, Mr. LEVIN, and my own re- the genius of practical structure which brief extracts from the majority opin- marks, former counsel for the U.S. has come to be known as the checks ion. And that opinion was written by Senate, Mr. Michael Davidson, be al- and balances and separation of powers. Mr. Justice Stevens. lowed the privilege of the floor of the If the fragile wings of the structure are There is no provision in the Constitution Senate. ever impaired, then the dream can that authorizes the President to enact, to The PRESIDING OFFICER. Without never again soar as high. amend, or to repeal statutes. objection, it is so ordered. Today, the Supreme Court has spared That is elemental. I am editorializing Mr. COATS. Mr. President, on behalf the birthright of all Americans for yet now—that is elemental. of the majority leader, I ask unani- a while longer by striking down a co- Continuing with the opinion written mous consent that immediately fol- lossal error made by the Congress when by Mr. Justice Stevens, and concurred lowing the 1 hour special order, the fol- it passed the Line-Item Veto Act. For in by the Chief Justice and four other lowing Senators be recognized in order me and for those who have joined me in justices: to offer the following amendments: this fight, a long, difficult journey is What has emerged in these cases from the President’s exercise of his statutory can- Senator DODD, regarding Reserve re- happily ended. The wisdom of the fram- cellation powers, however, are truncated tirement, 10 minutes for debate, equal- ers has once again prevailed and the versions of two bills that passed both Houses ly divided, and no second-degree slow undoing of the people’s liberties of Congress. They are not the product of the amendments in order; Senator MUR- has been halted. ‘‘finely wrought’’ procedure that the Fram- RAY, relating to burial, for up to 10 Every year, we in this Nation spend ers designed. minutes, equally divided, no second-de- billions upon billions of dollars, we ex- f gree amendments in order; Senators pend precious manpower, we devise * * * * * MURRAY and SNOWE, regarding Depart- greater and more ingenious weapons, If the Line-Item Veto Act were valid, it ment of Defense overseas abortions, 1 all for the sake of protecting ourselves, would authorize the President to create a hour, equally divided, with no second- our way of life and our freedoms from different law—one whose text was not voted degrees in order prior to the vote; Sen- foreign threats. And, yet, when it on by either House of Congress or presented to the President for signature. Something ator REID, relating to striking Senator comes to the duty—and we all take that oath with our hand on the Holy that might be known as ‘‘Public Law 105–33 KEMPTHORNE’s language, 2 hours, as modified by the President’’ may or may equally divided, with no second-degrees Bible and our hand uplifted, we take not be desirable, but it is surely not a docu- in order; Senator HARKIN, regarding that oath and say ‘‘so help me, God’’ ment that may ‘‘become a law’’ pursuant to gulf war illness, 30 minutes, equally di- that we will support and defend this the procedures designed by the Framers of vided, with no second-degrees in order Constitution. And so when it comes to Article I, [section] 7, of the Constitution. prior to the vote. the duty of protecting our Constitu- If there is to be a new procedure in which I finally ask unanimous consent that tion, the living document which en- the President will play a different role in de- termining the final text of what may ‘‘be- any votes ordered in relation to any of sures the cherished liberties for which come a law,’’ such change must come not by the above-mentioned amendments be our forefathers gave their lives, we legislation but through the amendment pro- delayed, to occur in a stacked sequence walked willingly into the friendly fire cedures set forth in Article V of the Con- at a time determined by the majority of the Line-Item Veto Act, enticed by stitution. leader after consultation with the political polls and grossly uninformed I close my reading of the excerpts Democrat leader. popular opinion. from Mr. Justice Stevens’ majority The PRESIDING OFFICER. Is there Now that the Supreme Court has opinion. Let me read now, briefly, cer- objection? found the Line-Item Veto Act to be un- tain extracts from the concurring opin- Mr. BYRD. Mr. President, reserving constitutional, it is my fervent hope ion by Mr. Justice Kennedy. He says the right to object, and I beg the Sen- that the Senate will come to a new un- this: ator’s pardon; I was distracted. derstanding and appreciation of our I write to respond to my colleague JUS- The PRESIDING OFFICER. The Sen- Constitution and the power of the TICE BREYER, who observes that the stat- ator from West Virginia reserves the purse as envisioned by the framers. Let ute does not threaten the liberties of indi- right to object. us treat the Constitution with the rev- vidual citizens, a point on which I disagree. Mr. COATS. Mr. President, I think erence it is due, with a better under- . . . The argument is related to his earlier this has been cleared on both sides. standing of what exactly is at stake suggestion that our role is lessened here be- cause the two political branches are adjust- The PRESIDING OFFICER. Is there when we carelessly meddle with our ing their own powers between themselves. objection? system of checks and balances and the . . . The Constitution’s structure requires a Without objection, it is so ordered. separation of powers. If we disregard stability which transcends the convenience The PRESIDING OFFICER. The dis- the lessons learned from this colossal of the moment. . . . Liberty is always at tinguished Senator from West Virginia blunder, we might just as well strike a stake when one or more of the branches seek is recognized. match and hold that invaluable docu- to transgress the separation of powers. Mr. BYRD. Mr. President, I thank ment to the flame. Unless we take Separation of powers was designed to im- plement a fundamental insight; concentra- the Chair. I thank all Senators. care, it will be our liberties and those tion of power in the hands of a single branch f of our children and grandchildren that is a threat to liberty. will finally go up in the thick black SUPREME COURT’S LINE-ITEM The Federalist states the maxim in smoke of puny political ambition. these explicit terms: VETO DECISION Edmund Burke once observed that, The accumulation of all powers, legisla- Mr. BYRD. Mr. President, the U.S. ‘‘abstract liberty, like other mere ab- tive, executive and, judiciary, in the same Supreme Court earlier today an- stractions, is not to be found.’’ hands . . . may justly be pronounced the nounced in its ruling in the consoli- If we, who are entrusted with the very definition of tyranny. dated cases of Clinton v. New York and safeguarding of the people’s liberties— Others of my colleagues may wish to Rubin v. Snake River Potato Growers and that is what is involved here—are quote further. that it has found the Line-item Veto careless or callous or complacent, then So what is involved here—what the Act to be unconstitutional. It did this those hard-won, cherished freedoms Court’s opinion is really saying—what by a vote of 6 to 3. It is with great re- can run through our fingers like so is involved when we tamper with lief and thankfulness that I join with many grains of sand. Let us all endeav- checks and balances and the separation Senators MOYNIHAN and LEVIN—and I or to take more to heart the awesome of powers, that structure in the Con- am sure that if our former colleague, responsibility which service in this stitution? What is really involved are Senator Hatfield, were here he would body conveys, and remember always the liberties of the people. join with us—in celebrating the Su- that what has been won with such dif- Blackstone says it very well in chap- preme Court’s wise decision. Mr. Presi- ficulty for us by those who sacrificed ter 2 of book 1. Chapter 2 is titled ‘‘Of dent, the Founding Fathers created for so much for our gain can be quickly the Parliament.’’

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7051 Blackstone said the same thing that Members of the House, to sue the Gov- hope that history will long remember the Court is saying: ernment of the United States declaring and largely note what was done today In all tyrannical governments, the su- this act to be unconstitutional. The in the Court at the behest of the some- preme magistracy, or the right both of mak- Court held we did not have standing, time majority leader, the distinguished ing and of enforcing the laws, is vested in although two Justices dissented. Jus- upholder of our Constitution, ROBERT one and the same man, or one and the same tice Stevens, who wrote today’s opin- C. BYRD. Not as a man but as a man body of men; and wherever these two powers ion, said in his dissent in that earlier speaking for the ideas and principles on are united together, there can be no public case that we did have standing, and which the Constitution of the United liberty. . . . that the measure is unconstitutional. States is based. There it is. There can be no public This was so plain to a scholar and a Finally, sir, I express thanks to our liberty where these two powers are judge. counsel, Michael Davidson, Lloyd Cut- united in one and the same man or one I will take just a moment to add and ler, Alan Morrison, Charles Cooper, and and the same body of men. to emphasize Senator BYRD’s citations Louis Cohen—some of the finest attor- That is what the Line-Item Veto Act of the writers at the time the Constitu- neys in our country—who have helped sought to do; namely, to unite the tion was composed. us with this matter, and have gener- power of making law with the power of In the Federalist Papers, Madison at ously done so on a pro bono basis. Pro- enforcing the law in the hands of one one point asks, given the fugitive exist- fessor Laurence H. Tribe at the Har- man: the President of the United ence—that nice phrase—of the Repub- vard Law School, and Dean Michael J. States. lics of Greece and Rome, why did any- Gerhardt of Case Western University Let me close with this excerpt from body suppose this Republic would long School of Law, were also of great as- my own modest production titled ‘‘The endure? Because, it was answered, we sistance, as were others. Senate of the Roman Republic’’: have a new ‘‘science of politics.’’ The I celebrate the moment and yield the This is not a truth that some people want ancients depended on virtue to animate to hear. the people who govern. We have no floor. See, I was talking about the line- such illusions. We depend on the clash Mr. LEVIN addressed the Chair. item veto. I spent years in preparation of equal and opposed opinions and in- The PRESIDING OFFICER. The dis- for this battle, and those years of prep- terests—the conflict of opposings inter- tinguished Senator from Michigan is aration went into the writing of this ests and the separation of powers, recognized. treatise. I quote: those two fundamental ideas. And we Mr. LEVIN. Mr. President, the vic- This is not a truth that some people want wrote them into the Constitution: arti- tory which we celebrate today is truly to hear. Many would rather believe that cle I, the legislative branch; article II, a victory for the American people and quack remedies such as line-item vetoes and the executive branch. And the court de- our Constitution. It has been a matter enhanced rescissions powers in the hands of cisions in this matter, too, have heark- of real pride for me to be associated presidents will somehow miraculously solve ened back to those early times. with Senators BYRD and MOYNIHAN in our current fiscal situation and eliminate I was struck by the opinion written the effort that we have made, first our monstrous budget deficits. Of course, by Judge Hogan, who earlier this year when we went to court to challenge the some people would, perhaps, prefer to abolish was the second judge of the U.S. Dis- line-item veto and were parties where the Congress altogether and institute a one- trict Court for the District of Columbia man government from now on. Some people it was ruled we had no standing, and have no patience with constitutions, for that to hold this statute unconstitutional. the substantive issue was then delayed matter. He cited Edward Gibbon, whose ‘‘De- to the decision of the Court today. But Mr. President, I yield to my col- cline and Fall’’ was published in 1776. then when, as Amicus, we banded to- Here is Gibbon’s passage as cited by leagues. gether—no longer was Senator Hatfield Judge Hogan: Mr. MOYNIHAN addressed the Chair. there, who is no longer a Senator, who The PRESIDING OFFICER. The dis- The principles of a free constitution are ir- was with us I know in spirit, and who recoverably lost when the legislative power tinguished Senator from New York is had been with us in our first effort—to is nominated by the executive. file an amicus brief to point out and to recognized. And that is exactly the direction we Mr. MOYNIHAN. I thank the Pre- argue the fundamental premise of this were moving in. Constitution’s Article I. siding Officer. Justice Kennedy, in this morning’s The article that relates to enactment Mr. President, I rise to praise the opinion, quoted a passage from the of laws is that the only way a law can Constitution, but also appropriately Federalist Papers in which be made, modified, or repealed is if the perhaps in this setting, the Senate’s Montesquieu, in the ‘‘Spirit of the Congress is involved. And Congress foremost expositor and defender of that Laws,’’ is cited: document, the Honorable ROBERT C. may want to give the President the When the legislative and executive powers power to repeal a law or modify a law BYRD, who has today helped write a are united in the same person or body, there page in the history of liberty. I mean can be no liberty. or even enact a law on its own. We may want, for whatever momentary reason no less, and I could say no more. Liberty is what Senator BYRD was In 1995, led by Senator BYRD, Senator talking about. Liberty is what was we have, to give a President the power LEVIN, Senator Hatfield and others, we upheld by the Supreme Court of the to make, modify, or repeal a law, but, pleaded with the Senate not to do this, United States today, and liberty is thank God, we have a Constitution not to enact this legislation. We said it what was put in jeopardy, I am sorry to which says we cannot do that. And, is unconstitutional. say, Mr. President, by this body, by the thank God, we have a Supreme Court That is a large statement. We did not other body, and by the President who today which upheld that very funda- say it was unwise or unseasonal. We signed the bill. Liberty was put in jeop- mental provision of the Constitution. said it was unconstitutional. We take ardy. Liberty has prevailed. What we tried to do—the Congress an oath to support and defend the Con- Let us learn from this. Let us not tried to do—in this law was to give the stitution of the United States against just let it go by and think nothing hap- President the power to repeal a law all enemies, foreign and domestic, and pened. Something did happen. A small- which he just signed. What this law domestic enemies can arise from igno- ish group opposed it, took it to court, tried to do, and thankfully was not al- rance, well-intentioned ignorance. were rebuffed, took it to court again. lowed to do, was to give the President This surely was the case, because the We were there as amici and prevailed. the power to create a law today with bill passed 69 to 31. But had we not, what would have hap- his signature, a bill which had passed It passed in the face of the clearest pened? Had ROBERT C. BYRD not been both Houses and which became law injunction from George Washington in here, what would have happened to our when he affixed his signature. But then 1793 who said, I must sign a bill in toto liberties? Not to our budget. These are this Line-Item Veto Act said that if he, or veto it. inconsequential things compared to within a certain number of days, want- Senator BYRD, along with the Sen- that fundamental. ed to modify that law, unless Congress ator from New York and Senators And so, sir, I rise to express the acted to do something to the contrary, LEVIN and Hatfield, chose, with two honor I have felt in your company and that he could unilaterally, on his own,

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7052 CONGRESSIONAL RECORD — SENATE June 25, 1998 without congressional involvement, I also want to thank, on behalf of all experience, to reflect upon the church change the law of the land. of us, the attorneys who represented us covenants, to reflect upon the Bible Now, when we were all kids we in our earlier effort, where we did not and its teachings of that federation, learned about this Constitution and succeed because of a technical reason the twelve tribes of Israel. We should what those magic words ‘‘law of the but where we nonetheless established do our very best to uphold that Con- land’’ meant, and what they mean that beachhead which today led to vic- stitution and again not to depend upon today, and what, the Good Lord will- tory. And those lawyers were Mike Da- the Supreme Court of the United ing, they will always mean in this vidson, at that time as well; Lloyd Cut- States to do our work. We should not country—‘‘law of the land’’—all of us ler; Lou Cohen; Alan Morrison; and hand off our responsibility to the Su- bound by it equally, no matter what Chuck Cooper. preme Court. our station or income or power, all I also wish to thank Peter Kiefhaber. In this instance, I am proud of the bound by those words, ‘‘law of the Although he is not a lawyer, he has one Supreme Court. At no moment in my land.’’ of the keenest legal minds—if you will life have I ever been more proud of the When the President affixes his signa- excuse me—that I have ever seen. With Supreme Court of the United States ture to a bill, that bill then takes on their help, and the help of many others than I am today. God save that honor- that power, in a free society, of being in this body, but mainly with the lead- able Court! the law of the land. What the line-item ership of Senator BYRD, the position I close, if I may, with the lines writ- veto bill, in the form we passed it, tried today was sustained that our liberty ten by Henry Wadsworth Longfellow in to do was to then say, ‘‘Well, yes, it’s has been preserved in the most funda- ‘‘The Building of the Ship.’’ I think the law of the land today, but the mental way. they are most appropriate for this oc- President can undo that law by him- I yield the floor. casion: self, without congressional approval, if The PRESIDING OFFICER. The time Thou, too, sail on, O Ship of State! he does it in a certain number of days, allotted to the Senators has expired. Sail on, O UNION, strong and great! in a certain type of way.’’ Mr. MCCAIN. Mr. President, par- Humanity with all its fears, The Supreme Court said today that liamentary inquiry. With all the hopes of future years, that cannot stand. The fundamental The PRESIDING OFFICER. The Sen- Is hanging breathless on thy fate! reasons have been cited by Senator ator from Arizona. We know what Master laid thy keel, BYRD, the mentor of all of us relative What Workmen wrought thy ribs of steel, Mr. MCCAIN. Didn’t Senator COATS Who made each mast, and sail, and rope, to the Constitution, and in so many and I have time allotted? other ways, and also cited by Senator What anvils rang, what hammers beat, The PRESIDING OFFICER. Under In what a forge and what a heat MOYNIHAN. The fundamental reason is, the previous order, the Senators both Were shaped the anchors of thy hope! as the Federalist put it, as James from Indiana and Arizona will now be For not each sudden sound and shock, Madison put it, that there could be no recognized for 30 minutes. ’T is of the wave and not the rock; liberty where the legislative and execu- Mr. BYRD. Mr. President, would the ’T is but the flapping of the sail, tive powers are united in the same per- Senators allow me to close our com- And not a rent made by the gale! son. ments on this highly important sub- In spite of rock and tempest’s roar, It is so fundamental, we often forget In spite of false lights on the shore, ject? I will be brief. it. We should never forget it. The Su- Sail on, nor fear to breast the sea! Mr. MCCAIN. I ask unanimous con- preme Court emblazoned it again on Our hearts, our hopes, are all with thee, sent that the Senator from West Vir- the constitutional consciousness of Our hearts, our hopes, our prayers, our tears, ginia be allowed to speak for as long as this country today. There can be no Our faith triumphant o’er our fears, he desires. Are all with thee,—are all with thee! liberty where the legislative and execu- The PRESIDING OFFICER. Without tive powers are united in the same per- The PRESIDING OFFICER. Under objection, it is so ordered. son. What this bill tried to do was to the previous order, the Senators from Mr. BYRD. I thank the distinguished unite that power in the President by Arizona and Indiana are recognized for Senator from Arizona. I also thank the saying that he could make a law today 30 minutes. Senator from Arizona, Mr. MCCAIN, and as part of the legislative process, of Mr. MCCAIN. Mr. President, there is the Senator from Indiana, Mr. COATS, which he must be a part, but then a line that has entered American slang, for their steadfast support of that in alone, as the executive, undo that law and that is, ‘‘That is a tough act to fol- which they believed and concerning tomorrow—he could repeal a law on his low.’’ Mr. President, I think that cer- which we disagreed. own. tainly applies now when I make my re- That is what this Congress tried to I have, from time to time, found my- marks following those of our most dis- give a President of the United States. self wrong in life, and I have learned tinguished Senator of the U.S. Senate, What a power. And what a road that some lessons in being wrong. But Sen- Senator BYRD. would have taken us down. To think ators COATS and MCCAIN never faltered Senator BYRD, I know that Senator that we would even consider giving a in their efforts. They were very worthy COATS will say this for himself, but President the power to repeal or mod- protagonists of their cause. I salute both of us appreciate the honorable ify the law of the land on his own with- them, admire them, and respect them. conduct of this many long years’ de- out congressional involvement, chang- Mr. President, if I may add just this: bate that we have had together—and, ing a law which had been properly en- we should learn a lesson by this experi- unfortunately, we will have in the fu- acted and presented—to think that we ence. We have a duty as Members of ture, since Senator COATS and I do not would do that is almost unimaginable. the Senate to support and defend the intend to give up on this issue. We tried, Congress did, and, thank God, Constitution. Some of us read it dif- More importantly, there was a sem- we failed. ferently, understand it according to inal moment, I think after about 5 I want to close by again thanking our own lights differently, perhaps. years of our debating this issue, when Senator BYRD for his leadership. I will We should understand that it is up to you walked up to Senator COATS and always treasure a copy of the Constitu- us to fight to preserve that Constitu- me and said, ‘‘I believe you’re really tion which he has inscribed to me, the tion, to protect it, to support it, to de- sincere in your belief that the line- same Constitution which he carries fend it. We should not pass off to the item veto is both constitutional and with him every day of his life, in his Supreme Court of the United States appropriate for America.’’ That was, pocket, which he has so often on this the duty that is ours as elected rep- frankly, one of the greatest com- floor brought out to make a point. I resentatives of the people in this coun- pliments that either one of us have want to thank him. try—a duty which is ours, to study the been paid in our time here in the Sen- I want to thank Senator MOYNIHAN Constitution, to study its history, the ate. and Senator HATFIELD. I want to thank constitutional history of America, May I say that Senator COATS and I the counsel who represented us on this study the history of American con- continue to intend to fight this battle. amicus brief that we just filed success- stitutionalism, to study the history of I must say, in all sincerity, it will be fully: Mike Davidson, Linda Gustitus, England, to study the history of the much more difficult for me. It will be a Mark Patterson. ancient Romans, to study the colonial much more arduous task without the

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7053 companionship and friendship of an in- stitutionality, and we will be getting legislative branch. In 1974 the Budget dividual that has the highest moral expert opinions. But our initial under- Impoundment Act was passed, which standards and the highest dedication standing of the Supreme Court decision deprived the President of the United and commitment to the betterment of is based on the fact that these were not States of the authority to impound this Nation and its families than my separate bills sent to the President of funds. This was a tremendous shift in dear friend from Indiana. He is not the United States for approval or dis- power. This shift eroded the executive gone yet from this body, and we have approval. The fundamentals of the sep- branch’s ability to exercise fiscal re- the rest of the year to fight this battle, arate enrollment bill, which passed in sponsibility and fiscal restraint. but one of my deepest regrets is that the 104th Congress by a vote of 69–29, Our objective is to curb wasteful my dear friend and partner will not be was exactly that and will meet those pork-barrel spending. Even though the there. standards. line-item veto was recently struck Mr. President, I intend to speak We will have many more hours of dis- down, there are other means to reaf- briefly on this issue, and I know that cussion and debate on this issue both firm the appropriate balance of power, Senator COATS does, also. Let me make in the public forums around America as and curb pork-barrel spending. just a couple of comments. well as on the floor of the Senate. I Shortly, Senator COATS and I will in- One, it is important to point out that thank Senator BYRD for his extreme troduce another approach to curbing my understanding of the reason given courtesy. I look forward to further de- Congress’ appetite for mindless unnec- by the Supreme Court for the 6–3 deci- bate with him and others on this issue. essary and wasteful spending of hard- sion was that the Constitution requires I believe the time and the opinion of working American’s tax dollars. every bill to be presented to the Presi- the American people, as well as the Essentially, the Separate Enrollment dent for his approval or disapproval— Constitution of the United States, is Act of 1998 will require that each item every bill. In other words, my under- overwhelmingly in favor of the line- in any appropriations measure or au- thorization shall be considered to be a standing of this decision is not that the item veto in the form of separate en- separate item. concept of transferring this power to rollment. Legal scholars contend that the sepa- the President of the United States Today, The Supreme Court struck rate enrollment concept is constitu- lacked constitutionality, but the fact down the line-item veto in a 6–3 deci- tional. Congress has the right to that each bill was not sent to the sion. I am very saddened by this deci- present a bill to the President of the President for approval or disapproval sion. This 6–3 decision concludes that United States. Separate enrollment was where the Supreme Court made the line-item veto act violates the part merely addresses the question of what this decision. of the Constitution requiring every bill constitutes a bill. It does not erode or Now, if that is the case, it is an argu- to be presented to the President for his interfere with the presentment of the ment that S. 4—which Senator COATS approval. bill to the President. Under the rule- and I cosponsored, and was passed by a This is a bad decision. Polls from pre- making clause, Congress alone can de- vote of 69–29, known as separate enroll- vious years indicate that 83 percent of termine the procedures for defining and ment—will be constitutional. As we all the American people support giving the enrolling a bill. Separate Enrollment is know, we went into negotiations with President the line-item veto. We need constitutional and will clearly work. the House that passed enhanced reces- the line-item veto act to restore bal- Separate Enrollment is not a new sion—the budgeteers and Finance Com- ance to the federal budget process. concept. This concept is not controver- mittee people—and we made certain The line-item veto act was a vital sial. The Senate adopted S.4, a separate concessions which resulted in enhanced force in restoring the appropriate bal- enrollment bill in the 104th Congress, recession. But the original bill that ance of power, and eliminating waste- by a vote of 69 to 29. Its mechanics are was passed by a vote of 69–29 through ful, unnecessary pork-barrel spending. simple * * *. This bill requires each the Senate was separate enrollment, Unfortunately, pork barrel spending is spending item in legislation to be en- which meant that every bill would sep- alive and well. Most recently, the FY rolled as a separate bill. If the Presi- arately be presented to the President 1999 Agriculture Appropriations bill dent chose to veto one of these items, of the United States for his approval or had $241,486,300 million in specifically each of these vetoes would be returned disapproval. earmarked pork-barrel spending. The to Congress separately for an override. In all due respect to my friend from FY 1999 Energy Water Appropriations The Separate Enrollment Act will Michigan, the allegation that somehow Bill contained approximately help to restore some of the Executive we were handing constitutional $649,428,000 million for specially ear- Branch’s role in the Federal budgeting power—if I wrote the words down cor- marked projects that were not included process. The current budget process is rectly—‘‘to repeal or modify laws with- in the budget request. in disarray. We have a huge national out congressional involvement,’’ clear- We can not afford this magnitude of debt. We have budget surpluses that ly it calls for congressional involve- pork barrel spending when we have ac- can easily be ‘‘spent’’ away. Our sys- ment. The Senator from Michigan cumulated a multi-trillion dollar na- tem of checks and balances is out of knows that. If he vetoes it, it comes tional debt. Right now, today, we use a sync in the budget process. Congress back to the Congress of the United huge portion of our federal budget to has too much power over the federal States for veto override. That is not make the interest payments on our purse strings, and the President has noninvolvement. Let’s be very clear multi-trillion national debt. In fact, too little. While the line-item veto is here as to what the original bill that this interest payment almost equals not an instant fix to this dilemma, it is passed 69–29 said. the entire budget for national defense. a valuable tool to realign the balance Finally, we can’t justify spending Mr. President, we can not justify of powers, and check Congress’ appetite $150,000 to fund the National Center for spending $150,000 to fund the National for reckless pork barrel spending. Peanut Competitiveness, or $84,000 ear- Center for Peanut Competitiveness, or This is a nonpartisan issue. The issue marked for Vidalia onions. My all-time an $84,000 earmark for vidalia onion, is fiscal responsibility. We have 100 favorite—one year we spent a couple when we should be using this money to Senators, and 435 Representatives. It is million dollars to study the effect on pay down the national debt, or provide hard to place responsibility upon any the ozone layer of flatulence of cows. tax cuts for hard-working middle class one member. Thus, no one is account- We can’t do that kind of thing. Americans. Until recently, we amassed able for our runaway budget process. Unfortunately, the President of the huge budget deficits. If we are to real- The line-item veto act, or a separate United States now, again, does not ize our anticipated future budget sur- enrollment bill would make it more have the power that 43 Governors in pluses, we must exercise fiscal re- difficult for the Congress to blame the America have, and that is the line-item straint. President for not vetoing an entire ap- veto power. Our past budget deficits can return propriations bill. Our new proposal will Today, Senator COATS and I will re- to haunt us. These past deficits did not allow the President to surgically re- introduce the separate enrollment bill occur by accident. They occurred be- move wasteful pork-barrel spending that passed 69–29 through the U.S. Sen- cause we shifted the balance of power from appropriations and authorizations ate. We believe that clearly has con- away from the executive branch to the bills.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7054 CONGRESSIONAL RECORD — SENATE June 25, 1998 Past Presidents have sought the line- it is my understanding, along with about that because it was added in the item veto. Congress finally agreed in Senator MCCAIN’s, on a quick reading, back room. It was part of a thousand- 1995, when we passed the line item I would say—not even a full reading, page bill, and we didn’t have the time veto, to redistribute some of the power but a very brief overview of the deci- to peruse each line of that legislation. in the federal budget process. By giving sion that is handed down, and I look And, yes, had I had an opportunity to the President a stronger role, the line- forward to reading the entire case— vote on that separately, there is no item veto, or a Separate Enrollment that what the Court addressed was way I would have supported that irre- Act would instill additional Presi- more procedural than principle, the sponsible use of the taxpayers’ dol- dential accountability and Federal procedure of the omnibus bill being lars.’’ spending, and reduce the excesses of presented to the President and, as the So we are seeking a way of attempt- the congressional process that focus on Senator from Michigan said, being ing to bring into the process a means locality specific earmarking, and ca- signed, and then in a sense accepted by which we could achieve a check ters to special interest, not the na- and then reviewed relative to certain against imbalance, against what we tional interest, as it should. aspects of that. considered to be spending that had not Mr. President, in closing, I simply The Court obviously sided with the been given the opportunity to be ad- ask my colleagues to be fair and rea- argument so ably presented by the Sen- dressed and discussed and debated on sonable when addressing the issue on ator from New York, who has left the the merits. We think it is a deceptive fiscal responsibility. The line-item floor—the Senator from Virginia, the practice. We think it is a distasteful veto and the shifting the balance of Senator from New York, the Senator practice. We think it does not enhance power in the budget process is vital to from Michigan, and others. the public’s opinion of this institution curbing wasteful pork-barrel spending. It is the principle that Senator and the processes by which we make Again, I look forward to the day when MCCAIN and I are attempting to ad- decisions. We think it is an irrespon- we can go before the American people dress, not the procedure. We had spent sible exercise of the fiscal discipline with a budget that is both fiscally re- numerous hours of discussion and de- that the taxpayers of America expect sponsible and ends the practice of ear- bate in attempting to establish a pro- us to exercise in the spending of their marking funds in the appropriations cedure whereby the principle of a bal- dollars. process. ance against what we considered to That is the genesis behind the legis- Mr. President, I yield the floor at be—and many, I think, of the American lation that Senator MCCAIN and I have this time to the Senator from Indiana. people considered to be —an irrespon- authored and fought for 10 years to The PRESIDING OFFICER. The Sen- sible exercise of the spending power of pass, and finally did pass. ator from Indiana is recognized. the Congress—not the right to have the So are we disappointed with the Su- Mr. COATS. Mr. President, I thank power of the purse, but an irresponsible preme Court decision? Yes, deeply dis- my colleague from Arizona for his kind use of that, and the voluntary transfer appointed. Do we see it as a permanent remarks. of some of that power, yet retaining a defeat? No, we don’t. We think a pre- I also want to congratulate the Sen- balance in terms of the division of liminary reading, and hopefully a fur- ator from West Virginia for a signifi- power between the branches, as the ther careful reading and study of the cant victory. The Senator had indi- founders intended. That was our in- Supreme Court’s decision, will indicate cated during the debate that he be- tent. that the Court decided on the basis of lieved and had reason to believe that As Senator MCCAIN said, the bill that the procedure used, not on the basis of the bill we were sending to the Presi- passed the Senate with 69 votes as a the principle involved. The principle dent, which was signed by the Presi- separate enrollment procedure would involved ought to be at the center and dent and exercised by the President, have, I believe, addressed the concerns heart of our debate and discussion. I would not stand constitutional muster. of the Court by presenting to the Presi- hope that as we engage in future bat- The Court affirmed that conclusion. dent separate bills on each line item of tles—I guess that is the proper word, I also congratulate the Senator from spending. We didn’t include the tax because those were heated debates, but West Virginia, Senator BYRD, for being issue. That was added at the request of principled, heated debates—we can the guardian of this institution. He members of the Finance Committee. focus on the principle and not the pro- stands at the gate to retain its hal- Ours went specifically to spending cedure. lowed practices and rules and tradi- items. That was different from what Questions have been raised about the tions. And in this modern age of seek- was passed in the House of Representa- cumbersome nature of separate enroll- ing the expedient and convenient over tives and perhaps now, in retrospect, a ment procedurally, with a large piece the tried, tested, and true, the Sen- faulty decision. We ceded the Senate of legislation having to be broken down ator’s contributions are extremely im- procedure to the House procedure, and into its separate pieces. Up until a few portant to the future of this institu- we paid the price of that ceding—or years ago that was an argument that tion. I commend him for that. He is perhaps not; we don’t know for sure carried a lot of persuasion and a lot of also a constitutional scholar without what the Supreme Court would have weight. But with the advent of modern peer in this institution. done with that. technology—computer technology—and This Senator, as I did yesterday and The principle of each decision by the with some visits by myself and others as I do today, stands up with some Congress standing on its own merits— to study with the enrollment clerk, trepidation in terms of discussing having the light of day shine on that and the witnessing of the utilization of issues and matters of the Constitution, spending decision, so that the Amer- that modern technology in terms of because I know I am doing so with ican people know that our yea is a yea how bills are printed, how they are en- someone who has studied it for far and our nay is a nay, and not the pro- rolled, and how they are presented for longer and has a far better under- cedure of hiding what arguably could enrollment, we have the opportunity to standing of it than I have. be decisions on spending that would take advantage of those marvelous im- When Senator MCCAIN and I ad- not stand the light of day and not re- provements in the way in which we dressed the issue of the line-item veto, ceive a majority of support, because it procedurally enroll legislation that is we consulted a number of constitu- is subsumed by the importance of the now technologically feasible. What tional scholars. It is fair to say that broader legislation—is really the prin- would have taken literally days and there is disagreement. There are con- ciple that we are attempting to ad- perhaps hundreds of enrollment clerks, stitutional scholars, recognized schol- dress. scribes, working away diligently in the ars, who believed that the process of We want what is decided in the back basement of the Capitol separating out enhanced rescission was not line-item halls to be debated on the Senate floor. the bill, enrolling separate pieces of veto, per se, enhanced rescission was a We want to give each Senator and Rep- legislation, and having those signed constitutionally acceptable process, resentative the opportunity to say, ‘‘I and presented to the President of the that it did retain a balance of power, it support that,’’ or, ‘‘I don’t support United States, and having the Presi- did retain the prerogative of Congress that,’’ and discuss it on the merits, dent attempt to deal with it to the to override the Presidential veto. And rather than saying, ‘‘I didn’t know point he would have no other time to

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7055 deal with any of his other duties and to deal with the budget issue. In my those great crises. We never saw fit to certainly achieve writers’ cramp, that view, it had little or nothing to do with do so. We thrive and are strong today no longer is a problem. Technology has the budget process, but had everything as a nation without having made a sin- allowed us to bypass that. to do with the issue that provoked the gle change in the Bill of Rights—not So we intend to introduce as early as briefs to be filed, amicus curiae briefs, one change since those words were first today a procedure—a process—which 69 and the subsequent legal actions—that crafted and drafted in 1789—not a sin- of our Members, on a bipartisan basis, issue is the constitutionality of the gle word. Not a single syllable has been have supported, which addresses the line-item veto. changed in the Bill of Rights. principle of the issue and not the pro- I just wanted to point out that I was I hope that as we look forward to a cedure of the issue. We look forward to looking over the vote. And of the 29 new century and a new millennium, the debate that will occur. We look for- people who voted against the line-item with all the unanticipated problems we ward to the opportunity to give our veto in March of 1995, six Members of face as a nation in the world, that we Members, all 69 of them—Democrats that group of 29 have since left the will not be tempted to be drawn ‘‘to and Republicans—the opportunity to, Chamber. This list includes our distin- the flame’’—to use the analogy of the once again, support a responsible prac- guished colleagues Senators Hatfield, distinguished Senator from West Vir- tice of spending the taxpayer dollars in Johnston, Nunn, Pell, Pryor, and ginia—to draw to that flame which the most responsible way that we can. Simon. Two others who voted nay— could defeat it. And I will not put Mr. President, I will close. I wish I Senators BUMPERS and GLENN—will be flame to this document and destroy the were as eloquent and as articulate as leaving at the end of this Congress. very principles and values which I the Senator from West Virginia. I wish The other day, someone counted think are the rationale and reason for I could reach into my mind and recall some 100 different proposals which are why we have achieved the level of the words of the famous scholars, con- being drafted or have been introduced greatness that we have as a people. stitutional experts, or a poem that was that would amend the Constitution in As one Member of this body, I sus- appropriate to the discussion. I don’t one way or another. pect, speaking on behalf of the six who have that capacity. I don’t have that I am not questioning the intentions are no longer here, and those who are talent. I admire that greatly in Sen- or even the desired goals that those not here on the floor, we thank you im- ator BYRD. What discipline it must constitutional proposals have in mind. mensely on behalf of our constituents, have taken to commit to flawless But the framers and the founders of the both past, present and in the future, for memory the words of historians, the document, which I happen to carry the three of you, along with Senator thoughts of some of the greatest think- with me as well—a lesson I learned one Hatfield who led this effort beyond the ers that this world has ever seen, the day watching the distinguished col- Chamber here and brought the matter magic and beauty of the poetry that league from West Virginia. I got my to the highest court of our land. I also expresses those thoughts in the recall copy of the Constitution. I carry it in extend my gratitude to those six Su- that the Senator has. my pocket every single day, and have preme Court Justices for the decision I am leaving the Senate this year. I ever since, along with a copy of the they handed down today. will take with me many lifetime Declaration of Independence, which is With that, Mr. President, I thank my memories, not of process but of peo- included here. colleague for yielding. And, again, I ple—some of the most extraordinary It is our job here to do everything we have said to him in meetings of our people, I think, ever to have had the can to advance the goals and desires of own committee, where we sat together privilege of being born into this great- our society, particularly as we enter a and worked together so many times, est of all nations and serve in this new millennium and a new century. DAN COATS is going to be missed in the greatest of all institutions. I take away But the fundamental principles, values Senate. He has been one terrific Sen- a vast reservoir of memories of 100 and ideals incorporated in the Con- ator, and Indiana can be very proud unique individuals with some of the stitution, the basic organic law of our that they sent someone of his talent, greatest and most extraordinary tal- country, are rooted in sound philo- ability, and tenacity. I would much ents to be found anywhere. And none of sophical judgments. And the tempta- rather have him as an ally than an op- them, I think, transcends the abilities tion, particularly in the midst of great ponent. I have been an ally of his and and the extraordinary capabilities of difficulties—and certainly the budget have been on the opposite side. Believe the Senator from West Virginia, who I crisis was no small difficulty with $300 me, it is much more pleasant to have have enjoyed serving with, even though billion of deficits a year, $4 trillion in DAN COATS on your side. It is a privi- we have found ourselves on opposite debt—the temptation to want to come lege to say so on this floor, as I have on sides of a number of issues, and we up with an answer to that was profound other occasions. have found ourselves on the same side and significant. Mr. BYRD. Will the distinguished on several issues. There will be other such crises, Senator yield? Several Senators addressed the maybe not of that nature, but maybe of Mr. COATS. I would be happy to Chair. other natures that will come along, yield. The PRESIDING OFFICER. The Sen- and the temptation will be to solve Mr. BYRD. I thank the distinguished ator from Connecticut is recognized. that problem and to do so by circum- Senator from Connecticut, Mr. DODD, Mr. DODD. Mr. President, I don’t venting the values and principles incor- for his incisive observations with re- want to interrupt this flow, but I want porated into the Constitution. I only spect to the roster of those who voted to join very briefly. hope that we remind ourselves of what against the Line-item Veto Act on Mr. President, I stand here merely as our forbearers had been struck with; March 23, 1995, and for his very elo- a foot soldier in this discussion. How- and that is not to in any way denigrate quent statement. ever, I would like to take a moment to or detract from the fundamental prin- Mr. CONRAD addressed the Chair. offer some comments on the Supreme ciples of the Constitution as we strug- The PRESIDING OFFICER. The Sen- Court’s decision today to strike down gle through a very deliberative, pain- ator from North Dakota. the line-item veto as unconstitutional. ful, oftentimes annoying and frus- Mr. CONRAD. Mr. President, I would I am proud to say that I was one of 29 trating process called democracy to ad- like to join in thanking—— Members who in March of 1995 cast a dress the issues of our day. The PRESIDING OFFICER. Does the vote against the line-item veto, along I often point out to my constituents Senator from Indiana yield to the Sen- with the distinguished Senator from back home that as a country we have ator from North Dakota? West Virginia, the distinguished Sen- been through a great Civil War, two Mr. COATS. I would be happy to do ator from Michigan, and Senator MOY- World Wars in this century, and a that if I could just do a unanimous con- NIHAN and 25 others on that day who Great Depression when I am sure the sent request. Then I would be happy to expressed their opinion that they op- temptations were great to amend or yield the floor. posed this legislation—not as I recall, suspend parts of our Constitution, our Mr. CONRAD. I would be very happy although others may have said, be- Bill of Rights particularly. And we to yield. cause they disagreed with the approach never saw fit to do so during all of Mr. COATS. I thank the Senator.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7056 CONGRESSIONAL RECORD — SENATE June 25, 1998 First of all, Mr. President, in rela- the whole answer to our deficit and Mr. CONRAD. I thank the Chair. I tionship to the issue of discussion, I be- spending problem, or even most of the take just a minute to thank the senior lieve it important to the legislative answer, but it certainly can be part of Senator from West Virginia, Mr. BYRD. history of the Line Item Veto Act to the answer. I thank him for standing up to protect have the brief prepared by the Senate I am working on a bill that would the Constitution of the United States. counsel in support of the line item veto allow expedited rescission. It promises I don’t think there is any higher re- submitted to the RECORD. However, in to be a useful tool to help reduce the sponsibility for a Member of this body, the spirit of fiscal responsibility, to Federal deficit and bring the Federal because we all take a solemn oath spare the taxpayer expense of printing budget truly into balance, and more when we are sworn in to preserve, pro- the entire document, I ask unanimous importantly to bring reform to our ap- tect, and defend the Constitution of the consent that the front cover of the propriations process. United States. That is the organic law brief be printed in the RECORD. The The introduction of this bill would be of our country. It is a Constitution cover provides the necessary source in- extremely timely given this body’s that is truly genius in what it has done formation to assist anyone seeking to consideration of the fiscal year 1999 for our country. We are a very young review the full document in locating a spending bills. Ideally, we would have country, but already the rest of the complete copy. I encourage Senators to an expedited rescissions law in place world seeks to emulate us. And one of examine this excellent brief along with for this year’s appropriations bills, but the reasons is the genius of that or- the Court decision. I know that won’t happen. What surely ganic law, that document that has pro- There being no objection, the mate- will happen is the stealthy insertion of vided for the structure of this Govern- rial was ordered to be printed in the an extensive list of wasteful and unnec- ment. RECORD, as follows: essary projects and programs that pick Senator BYRD convinced me when we clean the wallets of this country’s tax- NO. 97–1374 were debating the question of line-item payers. veto, and I must say the constituency [In the Supreme Court of the United States, This bill would allow the Congress October Term, 1997] pressure from my State was all on be- and the President to work together to half of supporting the line-item veto. I WILLIAM J. CLINTON, ET AL., APPELLANTS, v. exercise the kind of specific budget CITY OF NEW YORK, ET AL. did not because I was convinced, after pruning that many of us feel is a nec- lengthy discussions with Senator essary response to the budget abuses BYRD, that it violated the Constitution ROBERT E. RUBIN, APPELLANT, v. SNAKE that persist in the appropriations proc- RIVER POTATO GROWERS, INC., ET AL. of the United States and that, in fact, ess. part of the genius of that document ON APPEAL FROM THE UNITED STATES DISTRICT Mr. President, this bill would enable was the separation of powers and the COURT FOR THE DISTRICT OF COLUMBIA the President to propose eliminating power of the purse being put in the BRIEF OF THE UNITED STATES SENATE AS specific spending items for veto and hands of the Congress of the United AMICUS CURIAE FOR REVERSAL would allow Congress to support or op- States to reflect the will of the people THOMAS B. GRIFFITH, pose the President’s suggestions on a (Counsel of Record), of this country. And to have that power simple up or down vote. Senate Legal Counsel, diluted not because Members of Con- MORGAN J. FRANKEL, This bill would accomplish the objec- tives of the line-item veto—elimi- gress are seeking power but because Deputy Senate Legal Counsel, the Constitution established the frame- STEVEN F. HUEFNER, nating wasteful and unnecessary spend- A. CHRISTOPHER BRYANT, ing—but without violating the con- work to protect the rights of the peo- Assistant Senate Legal Counsel, stitutional principles of separation of ple, that is the extraordinary genius of Office of Senate Legal Counsel, power and balance of power. our Constitution. And nobody has been 642 Hart Senate Office Building, Mr. President, I believe this bill more vigilant in defending that Con- Washington, D.C. 20510, stitution than the senior Senator from Counsel for the U.S. Senate. would be an effective means of fighting West Virginia, Mr. BYRD. March 1998. wasteful spending, certainly something I thank him because it was not an Mr. FEINGOLD. Mr. President, I everyone opposes. Mr. COATS. Mr. President, I ask be- easy task. It was not a popular task. come to the floor today to discuss fore I yield to the Senator how much But he was right to do it. And the briefly the Supreme Court’s decision time is remaining on the earlier allo- rightness of his position has been con- earlier today to strike down the line- cated time? firmed by this ruling by the Supreme item veto law and to a new approach to The PRESIDING OFFICER. Three Court. It was not a close ruling. By a 6 the line-item veto that aims to cut minutes 20 seconds. to 3 vote, the Supreme Court of the some of the vast fat contained in our Mr. COATS. Is that sufficient? I yield United States has said, yes, Senator annual spending bills, but will stand up the Senator the remainder of our time. BYRD and others who made that judg- to constitutional scrutiny. Mr. CONRAD. I thank the Senator ment were correct. We would be doing Though the Court found that the from Indiana very much for his cour- damage and injury to the Constitution line-item veto legislation was flawed, I tesy. of the United States if we were to ap- supported the experimental line-item Let me just say I have found the Sen- prove the line-item veto that had been veto authority we gave the President ator from Indiana to be among the passed by the Congress of the United in 1996 as a means of controlling Con- most courteous of our colleagues, and States. gress’ voracious appetite for pork. we are very much going to miss him. I So I say to Senator BYRD a sincere I had great concerns about many as- think he is an outstanding U.S. Sen- thank-you, because what he has done is pects of the legislation. My greatest ator, an extraordinarily decent person, in the finest tradition of the Senate. concern was granting a greatly ex- and I am personally going to miss him I thank the Chair and yield the floor. panded veto authority that retained from this body. Mr. BYRD. Mr. President, will the the two-thirds override threshold that Mr. COATS. I thank the Senator for Senator yield? the Constitution provides for the Presi- those remarks. They are generous, and Mr. CONRAD. I am out of time. dential veto of entire bills. Extending also the Senator from Connecticut, I The PRESIDING OFFICER. The Sen- that authority for individual sections appreciate his remarks. I don’t want ator’s time has expired. of a bill worried me. And the Court anybody to misunderstand those re- The Senator from West Virginia. found that this represented an inappro- marks or interpret those remarks to Mr. BYRD. I ask unanimous consent priate shift in the balance of power mean that the Senator is finished for for 1 minute. from the legislative branch to the exec- the year. I expect to be back in the The PRESIDING OFFICER. Without utive. I do not question the Court’s de- Chamber, and I hope that Senators feel objection, it is so ordered. cision. the same way about me at the end of Mr. BYRD. Mr. President, I thank Mr. President, I don’t believe, nor the session as they do now. the distinguished Senator for his state- have I ever believed that enhanced re- Mr. CONRAD. I am sure we will. ment, for standing with the small scission authority, whether it be the The PRESIDING OFFICER. The Sen- group, small band, on March 23, 1995. line-item veto or some other vehicle, is ator from North Dakota. He perhaps did not at that time follow

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7057 the will of his people, but his people The PRESIDING OFFICER. Without give you some sense of where this is were served best by his decision, by the objection, it is so ordered. headed, 10 years from now that number stand that he took, and in the long run The amendment is as follows: will be 29,000 applications for pensions I am sure they will admire him for it At the end of subtitle D of title VI, add the and medical benefits. In the face of this and respect him for it and reward him following: steady increase in the number of pen- for it. His full reward comes from his SEC. 634. ELIMINATION OF BACKLOG OF UNPAID sion-eligible retirees, the office that conscience, his conscience that he did RETIRED PAY. processes Army pensions has been re- the right thing, that he helped to pre- (a) REQUIREMENT.—The Secretary of the duced from as many as 40 personnel a serve the liberties of the people of his Army shall take such actions as are nec- couple of years ago to just 17 people State and the people of the United essary to eliminate, by December 31, 1998, today. the backlog of unpaid retired pay for mem- States. I realize the Army must make per- bers and former members of the Army (in- sonnel reductions, but in view of its in- Mr. LEVIN addressed the Chair. cluding members and former members of the The PRESIDING OFFICER. The Sen- Army Reserve and the Army National creasing workload, the Army pension ator from Michigan. Guard). office should not be so drastically cut. Mr. LEVIN. I ask unanimous consent (b) REPORT.—Not later than 30 days after Some retired soldiers who spent a ca- that the cover page of the amici brief the date of the enactment of this Act, the reer defending this country cannot eas- referred to before that was filed by Secretary of the Army shall submit to Con- ily afford to wait for several months to Senator BYRD, Senator MOYNIHAN, and gress a report on the backlog of unpaid re- begin receiving their retirement bene- tired pay. The report shall include the fol- myself be printed in the RECORD. fits. Those benefits make a difference lowing: There being no objection, the brief in the majority of these people’s lives. (1) The actions taken under subsection (a). From the first day of boot camp, the was ordered to be printed in the (2) The extent of the remaining backlog. RECORD, as follows: (3) A discussion of any additional actions Army has demanded from those who go NO. 97–1374 that are necessary to ensure that retired pay through that process that they be punctual and responsible. Now, how- [In the Supreme Court of the United States, is paid in a timely manner. October Term, 1997] (c) FUNDING.—Of the amount authorized to ever, they must camp out by their be appropriated under section 421, $1,700,000 mailboxes while they wait on the Army WILLIAM J. CLINTON, ET AL., APPELLANTS, v. shall be available for carrying out this sec- CITY OF NEW YORK, ET AL., APPELLEES to provide the benefits to which each of tion. them is entitled and due. This amend- Mr. DODD. Let me begin my thank- ment, very simply, directs the Sec- ROBERT E. RUBIN, APPELLANT, v. SNAKE ing my colleagues on both the minority retary of the Army to submit a report RIVER POTATO GROWERS, INC., ET AL., AP- PELLEES and majority sides for their support of to Congress regarding this backlog and this amendment. I rise on behalf of eliminate the backlog no later than ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA military retirees, all of whom are due a December 31, 1998. Furthermore, it requires the Defense BRIEF OF SENATORS ROBERT C. BYRD, DANIEL pension and medical benefits at age 60, Department to provide up to $1.7 mil- PATRICK MOYNIHAN, AND CARL LEVIN AS as all of my colleagues are well aware. AMICI CURIAE IN SUPPORT OF APPELLEES This amendment directs the Secretary lion from existing funds to eliminate the backlog of Army pension claims— MICHAEL DAVIDSON of the Army to eliminate by the end of Counsel of Record this calendar year a serious backlog $1.1 million to update antiquated com- 3753 McKinley Street, that has developed in the processing of puter systems and another $600,000 to N.W. pension applications by Army per- hire some additional 10 civilian per- Washington, D.C. sonnel. sonnel. That would get you up to 27— 20015 My awareness of this problem began, far short of the 40 we had before. Of Counsel: as I think my colleagues will appre- By the way, I should say that the LINDA GUSTITUS ciate, with a letter that I received from Army supports this amendment. They MARK A. PATTERSON don’t like the idea they cannot provide April 1998. a constituent, Mr. Arthur Greenberg, these benefits. But they believe these f of Hamden, CT. Mr. Greenberg, a Viet- nam veteran, retired from the military numbers would allow them to update NATIONAL DEFENSE AUTHORIZA- in 1984. Mr. Greenberg submitted his their computer systems and hire the TION ACT FOR FISCAL YEAR 1999 pension application back in February, 6 necessary personnel to process the The Senate continued with the con- months before his 60th birthday. Re- claims. Then we can avoid, to put it sideration of the bill. cently, he called to check on the status mildly, the embarrassment of seeing Mr. DODD addressed the Chair. of his claim and was told that his pen- these pensioners wait to get the dollars The PRESIDING OFFICER. The Sen- sion claim would not be processed until they are due. But, more important, the people who deserve these benefits will ator from Connecticut. 9 months after his 60th birthday. I as- receive them on time. Mr. DODD. May I ask a parliamen- sumed that this was just an isolated I am very grateful to our colleagues, tary inquiry? What is the business of case and merely a problem to be cor- both the distinguished Senator from the Senate? rected through the normal corrections South Carolina, the chairman of the The PRESIDING OFFICER. The Sen- in the bureaucracy. Armed Services Committee, as well as ate, under a previous order, is author- The Army informed me, however, my colleague from Michigan, Senator ized to deal with the amendment con- that this is not an isolated case, and LEVIN, and the other members of the cerning Reserve retirement, for 10 min- that its retirement benefits office pres- utes, equally divided. committee for their support of this ently holds a backlog of 2,000 cases out amendment. I am grateful to them for AMENDMENT NO. 3004 of a total of 5,000. So Mr. Greenberg’s allowing it to be considered and adopt- (Purpose: To require actions to eliminate the situation is not the exception but fast ed, as I am told it will be, by approval backlog of unpaid retired pay relating to becoming the majority of cases, in Army service) of both sides. terms of pensions to be received. In I yield to my colleague from Michi- Mr. DODD. Mr. President, I send an other words, 2,000 military retirees who gan, whom I see on the floor, for any amendment to the desk and ask for its have reached their 60th birthday and comments he wishes to make on this. immediate consideration. become eligible for pensions and med- The PRESIDING OFFICER. The time The PRESIDING OFFICER. The ical benefits are waiting for those ben- of the Senator has expired. clerk will report. efits to come. Mr. LEVIN. Mr. President, I ask The assistant legislative clerk read The number of military retirees who unanimous consent I be allowed to pro- as follows: become pension eligible increases every ceed for 1 minute. The Senator from Connecticut [Mr. DODD], year. In 1994, there were 6,700 pension The PRESIDING OFFICER. Without proposes an amendment numbered 3004. packages that were submitted. In 1996, objection, it is so ordered. The Senator Mr. DODD. Mr. President, I ask unan- the number jumped to 8,700. By the end from Michigan. imous consent that reading of the of this year, over 10,000 Army retirees Mr. LEVIN. Mr. President, let me amendment be dispensed with. will have asked for their pensions. To congratulate Senator DODD for his

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7058 CONGRESSIONAL RECORD — SENATE June 25, 1998 amendment. It is inconceivable to me, (1) Throughout the years, men and women are being buried without full military as it was to him, that a retired reserv- have unselfishly answered the call to arms, honors—honors earned through service ist would have to wait for up to 9 at tremendous personal sacrifice. Burial hon- to us all. We asked these soldiers, sail- months to receive the first pension ors for deceased veterans are an important ors, and airmen to travel to distant means of reminding Americans of the sac- shores to risk the ultimate sacrifice. It check. The Army must fix this prob- rifices endured to keep the Nation free. lem, and quickly. We will do every- (2) The men and women who serve honor- seems only fair to ask the DOD to trav- thing we can to ensure that this issue ably in the Armed Forces, whether in war or el to a nearby community to remember is addressed and is resolved very quick- peace, and whether discharged, separated, or and honor the sacrifices of our vet- ly, and it will be Senator DODD’s tenac- retired, deserve commemoration for their erans. ity that is going to drive the appro- military service at the time of their death by I believe we have a moral responsi- priate quick response and outcome on an appropriate military tribute. bility to tell each and every veteran at this issue. (3) It is tremendously important to pay an his or her funeral that we remember appropriate final tribute on behalf of a grate- So the amendment has strong sup- and we honor their service to our coun- ful Nation to honor individuals who served try. That message is so important to port in the Armed Services Committee, the Nation in the Armed Forces. and it has been cleared by both sides, I (b) CONFERENCE ON MILITARY BURIAL HONOR families who have sacrificed so much understand. I believe the amendment PRACTICES.—(1) Not later than October 31, for our country. could be adopted at this point. 1998, the Secretary of Defense shall, in con- I can speak personally to the impor- Mr. President. I understand the sultation with the Secretary of Veterans Af- tance of the Veterans Burial Rights. amendment has been cleared by both fairs, convene and preside over a conference Act. I lost my own father last year, a sides. for the purpose of determining means of im- World War II veteran and proud mem- Mr. THURMOND. It has been cleared proving and increasing the availability of ber of the Disabled American Veterans. military burial honors for veterans. The Sec- by both sides. My family was lucky, we were able to retary of Veterans Affairs shall also partici- arrange for burial honors at his serv- The PRESIDING OFFICER. All time pate in the conference. has expired. (2) The Secretaries shall invite and encour- ice. Having the honor guard there for Mr. THURMOND. I urge the adoption age the participation at the conference of ap- my family made a big difference and of the amendment. propriate representatives of veterans service created a lasting impression for my THE PRESIDING OFFICER. If there organizations. family. We were all—and particularly be no further debate, the question is on (3) The participants in the conference my mother—filled with pride at a very shall— agreeing to the amendment. difficult moment for our family as (A) review current policies and practices of Dad’s service was recognized one final The amendment (No. 3004) was agreed the military departments and the Depart- to. ment of Veterans Affairs relating to the pro- time. Mr. DODD. Mr. President, I move to vision of military honors at the burial of vet- The Veterans Burial Rights Act reconsider the vote. erans; seeks to ensure we make the same bur- Mr. LEVIN. I move to lay that mo- (B) analyze the costs associated with pro- ial honors available to veterans and tion on the table. viding military honors at the burial of vet- families who specifically request the The motion to lay on the table was erans, including the costs associated with honors at a funeral service. agreed to. utilizing personnel and other resources for Unfortunately, the Department of Mr. DODD. Mr. President, I had some that purpose; Defense has opposed the Veterans Bur- time allocated for another amendment (C) assess trends in the rate of death of ial Rights Act. The DOD has veterans; and here that addresses Lyme disease, bombarded Capitol Hill with doomsday (D) propose, consider, and determine means proclamations about my bill. which we in Connecticut are painfully of improving and increasing the availability aware of since the name ‘‘Lyme of military honors at the burial of veterans. The DOD’s stance has been particu- disease″ comes from Lyme, CT, the (4) Not later than 180 days after the date of larly offensive to the veterans of our town where it first achieved promi- enactment of this Act, the Secretary of De- country. Not only did the DOD oppose nence. But I am going to defer on that fense shall submit to Congress a report on a greater DOD role in providing burial and allow the Senate to consider the the conference under this subsection. The re- honors for veterans, but they even port shall set forth any modifications to De- went so far as to suggest the Depart- amendment at a later time. partment of Defense directives on military The PRESIDING OFFICER. Without ment of Veterans Affairs should pay for burial honors adopted as a result of the con- honors taking additional dollars from objection, it is so ordered. ference and include any recommendations Mrs. MURRAY addressed the Chair. for legislation that the Secretary considers health care, rehabilitative services and The PRESIDING OFFICER. Under appropriate as a result of the conference. other veterans programs. the previous order, the Senator from (c) VETERANS SERVICE ORGANIZATION DE- The DOD recently wrote to the Washington is to be recognized. The FINED.—In this section, the term ‘‘veterans Armed Services Committee claiming Senator from Washington. service organization’’ means any organiza- that a four-person burial honors detail tion recognized by the Secretary of Veterans ‘‘would have required 12,345 man-years AMENDMENT NO. 3005 Affairs under section 5902 of title 38, United of effort at a cost of $547 million to (Purpose: Relating to burial honors for States Code. veterans) support the 537,000 veterans’ funerals Mrs. MURRAY. Mr. President, I rise held in 1997.’’ The last part is a direct Mrs. MURRAY. Mr. President, I send to discuss my amendment to the De- an amendment to the desk and ask for quote. According to the DOD, funeral partment of Defense authorization leg- support in 1997 would have required its immediate consideration. islation regarding burial honors for de- The PRESIDING OFFICER. The 12,345 man-years and $547 million for ceased veterans. I ask that my full clerk will report. 537,000 funerals. I must say, that’s im- statement be made part of the RECORD. pressive accounting for an agency that The assistant legislative clerk read Earlier this year, along with Senator as follows: can’t figure out the going rate for ham- MURKOWSKI and Senator SARBANES, I mers and toilet seats. The Senator from Washington [Mrs. MUR- introduced the Veterans Burial Rights The DOD has chosen to fight my at- RAY], for herself, Mr. MURKOWSKI, and Mr. Act of 1998. Our bill requires the De- tempts to increase funeral support to SARBANES, proposes an amendment num- bered 3005. partment of Defense to provide honor veterans with funhouse mirrors. The guard services upon request at the fu- Mrs. MURRAY. Mr. President, I ask DOD’s arguments are based on pro- nerals of our veterans. Importantly, viding funeral support to every veteran unanimous consent that reading of the my bill was crafted with the direct par- who dies. That’s absurd. Veterans know amendment be dispensed with. The PRESIDING OFFICER. Without ticipation of numerous veterans serv- this is not possible, logistics and cost objection, it is so ordered. ice organizations and has been en- will always be a factor. And most vet- The amendment is as follows: dorsed by the Former Prisoner of War, erans’ families will not request the On page 268, between lines 8 and 9, insert the Paralyzed Veterans of America, services. The vast majority of veterans’ the following: AMVETS and the American Legion. families do not seek burial honors SEC. 1064. BURIAL HONORS FOR VETERANS. I got involved in this issue several today. We are simply trying to provide (a) FINDINGS.—The Senate makes the fol- years ago for a very simple reason. burial honors for veterans whose fami- lowing findings: Sadly, all across this country, veterans lies request the honors.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7059 The House of Representatives in- DOD’s inability to provide burial hon- appointed that the Marine Corps failed to cluded a version of the Veterans Burial ors for veterans. Veterans service orga- support them during their hours of need. I Rights Act in their version of the DOD nizations want to be involved in the fu- am appalled, dismayed, and outraged that I authorization. The DOD issued an ap- nerals of their fellow veterans. And we continue to receive these letters. Failing to provide funeral support to a Marine, for peal to the House urging the ‘‘exclu- want them to continue to be involved. whatever reason, is completely contradic- sion’’ of this language threatening that But the DOD overlooks this important tory to our ethos and diminishes the value of funeral support would have negative asset. We are simply saying that VSO’s our fallen comrades’ service. impact on personnel and operational and particularly older veterans cannot 2. Specific guidance for funeral support is readiness. And I should point out again meet the demand alone. contained in MCO P3040.4D. The Marine that the DOD is choosing to interpret The DOD wants to study the issue. Corps Casualty Procedures Manual, and re- our legislative proposals and interest We know that more than 30,000 World emphasized in ALMAR 003–97, Military Fu- War II vets are dying each month and neral Support. While I understand that an in this issue in the most negative man- individual unit may not be able to support ner. the veterans death rate is increasingly every funeral request, I cannot imagine our From the very beginning, we have rapidly. We need to act in the short precious Corps ever turning down the request sought to leave the DOD with the flexi- term or America’s heroic World War II to properly bury a fellow Marine. If your bility to write the directives on funeral veterans will be gone before the DOD unit cannot provide a funeral detail, find one support. No one wants to undermine decides to act. That’s why my amend- that will. the basic mission of the department. ment gives the DOD 180 days to come 3. I want my intent and guidance to ring And particularly our veterans who con- up with new directives and legislative loud and clear concerning funeral support to families of Marines and former Marines—it tinue to hold the various services in recommendations for the Congress. is our duty and we would have it no other high esteem. But we do believe that the Every day we wait, a bit of our history way! Anything less is UNACCEPTABLE. I Department and individual services passes away without recognition and expect this guidance to be disseminated to can and should do more on burial hon- gratitude. every Marine Corps command, inspector-in- ors. We believe all of our assets—from My amendment is very straight- structor staff, recruiting station, and admin- the veterans service organizations to forward. It simply calls the DOD’s bluff istrative detachment. Ensure that all units active and reserve components to on burial honors for veterans. The DOD are fully aware of my feelings on this matter ROTC cadets all across the country— will be directed to hold a conference on and they uphold the long tradition of prop- burial honors by October 31, 1998 in co- erly honoring a fallen Marine. can be utilized in a comprehensive and C.C. KRULAK. cooperative effort to provide burial operation with the Department of Vet- Mrs. MURRAY. Mr. President, he honors for veterans and families seek- erans Affairs and veterans service orga- says: ing a final, deserved tribute. nizations. Following the enactment of The PRESIDING OFFICER. The Sen- this legislation, the DOD will have 180 Properly laying a fallen Marine to rest is one of the final tributes that the Marine ator’s time has expired. days to report back to the Congress de- Corps can render to our own. This service Mrs. MURRAY. I understood I had 10 tailing new DOD directives on funeral provides comfort to grieving families and minutes to speak on my amendment. support and burial honors policy and demonstrates our wholehearted and enduring The PRESIDING OFFICER. Ten min- forward to Congress any appropriate commitment to those who have earned the utes equally divided. legislative recommendations. title Marine. Unfortunately, I continue to re- Mrs. MURRAY. I do not believe there This is essentially what the DOD has ceive letters and E-mails from family mem- is anybody speaking in opposition to pledged to the Congress in opposing bers, disappointed that the Marine Corps this amendment. more expansive legislation on funeral failed to support them during their hours of Mr. LEVIN. Mr. President, I ask support. My amendment seeks to hold need. I am appalled, dismayed and outraged that I continue to receive these letters. Fail- unanimous consent that since the Sen- the DOD accountable to its pledges to ing to provide funeral support to a Marine, ator from Maryland wants to speak for the Congress and our veterans. This is for whatever reason, is completely con- the amendment for a few minutes— a real opportunity to make progress on tradictory to our ethos and diminishes the Mr. THURMOND. I yield such time as this issue and I encourage the DOD to value of our fallen comrades’ service. he needs. make the most of this opportunity. General Krulak goes on to say: Mr. LEVIN. Does the Senator from Otherwise, I can assure the Depart- I want my intent and guidance to ring loud Washington need additional time? ment that we will be back with more and clear concerning funeral support to fam- Mrs. MURRAY. I need an additional 5 definitive language defining what the ilies of Marines and former Marines—it is minutes. It is my understanding I had Congress believes are appropriate bur- our duty and we would have it not other 10. If I can have 5 minutes and Senator ial honors. way! Anything less is unacceptable. SARBANES 2 minutes. Many of our services have taken a These are very powerful words and I Mr. THURMOND. The Senator can positive role, and I especially commend commend General Krulak and the Ma- have any time she needs. the Commandant of the Marine Corps rine Corps for making this a priority The PRESIDING OFFICER. The Sen- who issued a white paper on funeral issue. General Krulak has taken our ator from South Carolina has 5 min- support. General Krulak, to his credit, objective from the very beginning of utes also. Is it my understanding you says we can and we will honor current this effort and turned it into Marine have yielded your 5 minutes to the and former marines. practice each and every day. Senator from Washington. I ask unanimous consent that his Is it really too much to ask of our Mr. THURMOND. That is correct. white letter be printed in the RECORD. country that we do a better job remem- Mr. LEVIN. I ask the Senator from There being no objection, the mate- bering those who answered the call to Maryland be yielded 2 additional min- rial was ordered to be printed in the duty, risked the ultimate sacrifice, and utes. RECORD, as follows: paved the way to the peace and pros- The PRESIDING OFFICER. Without WHITE LETTER OF 12–02–97 perity we all enjoy today? objection, it is so ordered. The Senator From: Commandant of the Marine Corps. Until very recently, I doubted the from Washington. To: All General Officers, All Commanding DOD’s sincerity in this effort. We do Mrs. MURRAY. Thank you, Mr. Officers, All Officers in Charge. have a long way to go on this issue, I President. Mr. President, from the very Subject: Funeral Support. do think it is important to acknowl- beginning, we have sought to leave the 1. This past January, I signed ALMAR 003– edge that progress has been made in re- DOD with the flexibility to write the 97 which emphasized the Marine Corps’ com- cent months on this issue. Of course, directives on funeral support. No one mitment to funeral support. Properly laying the Marines are taking a leadership wants to undermine the basic mission a fallen Marine to rest is one of the final role. But it should also be noted that of this Department, especially our var- tributes that the Marine Corps can render to Army and Air Force are taking posi- ious veterans service organizations. our own. This service provides comfort to tive steps on the burial honors issue. grieving families and demonstrates our They hold the Department of Defense wholehearted and enduring commitment to This progress is the direct result of and their service in high esteem. those who have earned the title ‘‘Marine.’’ pressure from the Congress, from our Already, veterans across the country Unfortunately, I continue to receive letters veterans, and from the families of vet- are seeking to fill the void left by the and E-mails from family members, dis- erans who fought for burial honors.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7060 CONGRESSIONAL RECORD — SENATE June 25, 1998 My amendment is an opportunity to Mr. President, although I understand gether to give it the kind of high pri- build upon this progress. It’s a step for- DoD’s arguments, something must be ority study which we think it requires ward but I remind my colleagues that done. This amendment moves the ball and that they will come up with a solu- we cannot address this issue in steps forward but it does not solve the prob- tion. alone. We need to move quickly, and lem. I expect in DoD’s report realistic We are constantly told the Depart- that’s what we are asking the Depart- suggestions on solving this problem. ment is in favor of our goals and objec- ment of Defense to do. One person and a tape of Taps is not an tives in this regard, so we want it now I ask the Senate to accept this alternative. to work out the means to achieve these straightforward amendment. By adopt- In closing, I would like all of us to goals and objectives. I think the ing this amendment and holding the think about the honor that our country amendment of the distinguished Sen- Department of Defense accountable, bestows on our veterans and the honor ator from Washington will move us the Congress will send a powerful mes- they deserve. An honor guard is the very much down that path and help to sage to veterans that their service to last instance that we as a nation can accomplish that purpose. I very strong- us all will never be forgotten. thank them for their service. ly support her efforts. Mr. President, I know that this They deserve no less. Thank you, Mr. I thank the chairman and the rank- amendment has been accepted by both President. ing member for yielding time. sides. I thank all of my colleagues for The PRESIDING OFFICER. The Sen- Mr. LEVIN addressed the Chair. working with us. We are directing the ator from Maryland. The PRESIDING OFFICER. The Sen- Department of Defense to return de- Mr. SARBANES. Mr. President, I ator from Michigan. finitively, quickly to us with a re- offer my very strong support to my col- Mr. LEVIN. I ask unanimous consent sponse to this before it is too late. league from the State of Washington for 1 minute, if I may. Mr. President, I ask unanimous con- and commend her for her efforts on be- The PRESIDING OFFICER. Without sent to add Senator MIKULSKI as a co- half of our Nation’s veterans. What we objection, it is so ordered. sponsor. are dealing with is really an unaccept- Mr. LEVIN. Mr. President, I con- The PRESIDING OFFICER. Without able situation. Families across the na- gratulate and thank the Senator from objection, it is so ordered. tion have come to expect and depend Washington for her persistence, her Mr. MURKOWSKI. Mr. President, I on having a proper military burial for constancy, and the way in which she am pleased to join the distinguished their loved ones who have served in our has gone about trying to make sure Senator from Washington in offering Armed Forces. This is simply not hap- that the families of veterans, in their this amendment requiring the Depart- pening. I joined earlier with the Sen- grief, have a bit of a reminder of the ment of Defense and the Veterans’ Ad- ator from Washington and the Senator dedication and the commitment of ministration to sit down with the Vet- from Alaska, Senator MURKOWSKI, in those veterans. The honors that we erans Service Organizations to find introducing legislation to in effect should be providing these veterans and ways to honorable pay our last respects mandate a solution to this problem. their families are important. They are to our nation’s veterans. Six months This amendment—and I think this is particularly important at a time of after enactment of this legislation, a commendable effort on the part of grief. The Senator from Washington is de- DoD will submit to Congress a report my distinguished colleague from Wash- termined, with the support of many of noting changes in DoD’s policies for ington—will direct the Department of us, including the Senators from Mary- burial honors and recommendations for Defense, working with the Department land, to have the Defense Department possible legislation to address this of Veterans Affairs, to convene a sum- make this happen and make this work. problem. mit and identify the means and man- And I just want to thank her. There are Why is this needed? power to meet this need. Senator MUR- Let me tell you. Veterans across the RAY has put this process on a very a lot of families who will never know country are dying. These are the men tight timeframe. The Department has a her name, but because there will be and women who have sacrificed so 6-month period in which to come up honors at funerals where they are re- much for our country. How do we as a with a plan to take care of this prob- quested, they will in fact have been nation pay our final respects—many lem. served by her efforts here on the floor. times with one person with a folded I have received letters that would I want to thank her for them as well as flag and a tape of taps. With World War move you to tears in terms of the im- for many of us. Mr. THURMOND addressed the Chair. II veterans growing older, the problem portance that families place on pro- The PRESIDING OFFICER. The Sen- will only get worse. viding a proper burial for their loved ator from South Carolina. ones who have served in our armed Even around Washington, DC, with Mr. THURMOND. Mr. President, I services. Not every family requests its many military bases this happens. commend the able Senator from Wash- This is not uncommon. The father of these honors. But for those families ington for offering this amendment and one of my staff members passed away a who seek a military burial and have it being willing to compromise on this few years ago on the West Coast. She incorporated into their burial plans, important situation. And I urge adop- thought that since he was a World War this is an extremely important matter. tion of the amendment, if it is in order. These military honors, honoring the II veteran, he would receive an honor The PRESIDING OFFICER. All de- sacrifice that members of armed serv- guard—an appropriate thank you for bate time has expired. The question is ices have made for this country during the service he had given our country. on agreeing to the amendment No. 3005. What happened? As the family mem- their lifetimes, should always be a high The amendment (No. 3005) was agreed bers watched, a member of the mili- priority, I think, on behalf of the Con- to. tary—one member came and handed gress and on behalf of the Department. Mr. LEVIN. I move to reconsider the over a flag. There was no honor guard, Unfortunately, this problem has not vote. no bugler, no final send off for a job been recognized as such until now—due Mr. THURMOND. I move to lay that well done. to the tremendous outcry that this sit- motion on the table. My staff person was shocked at the uation be addressed. And Senator MUR- The motion to lay on the table was insensitivity and the impersonal na- RAY has undertaken to make these bur- agreed to. ture of the burial service. I am shocked ial rites a priority in a very positive Mrs. MURRAY addressed the Chair. as all of us should be. and constructive and forthright way. The PRESIDING OFFICER. The Sen- This is a disgrace. I am very pleased that the managers ator from Washington. Earlier this year Senator MURRAY, of the bill have agreed to accept this AMENDMENT NO. 2794 Senator SARBANES and myself intro- amendment. I think that through the (Purpose: To repeal the restriction on use of duced legislation that required a five process it establishes we will be able to Department of Defense facilities for abor- person honor guard with a bugler. DoD work to a solution. That is my expecta- tions) opposed the legislation because of the tion and hope, that we will now, in ef- Mrs. MURRAY. Mr. President, I call potential costs and drain on our mili- fect, by requiring the executive branch up amendment No. 2794 and ask for its tary personnel. to focus on this problem, come to- immediate consideration.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7061 The PRESIDING OFFICER. The Mr. President, I recently received a abortion-related services. That, I would clerk will report. statement from an active-duty member say to my colleagues, is a real stretch. The assistant legislative clerk read of the Air Force stationed in Japan What opponents do not point out is as follows: which summarized her experience with that under existing policy, if a woman The Senator from Washington [Mrs. MUR- seeking safe and legal reproductive feels confident enough to discuss a very RAY], for herself, Ms. SNOWE, Mr. ROBB, Ms. health services. Her supervisors were of private, personal matter with her com- MIKULSKI, Mr. LAUTENBERG, Mr. KERREY, Ms. little or no help when she notified manding officer and to request a tem- MOSELEY-BRAUN and Mrs. BOXER, proposes an them that she was pregnant. They of- porary leave, the military will fly her amendment numbered 2794. fered no assistance, and they made back to the States or any other loca- Mrs. MURRAY. I ask unanimous con- character judgments. It was only her tion so she can receive a legal and safe sent that reading of the amendment be doctor, a military doctor, who stepped abortion. They will pay to transport dispensed with. in and tried to help her. Because his her halfway around the world if she The PRESIDING OFFICER. Without hands are tied, due to DOD policy, he sacrifices her right to privacy and sub- objection, it is so ordered. could only give her information on lo- jects herself to character assaults and The amendment is as follows: cally available abortion services. judgments. At the end of title VII add the following: This is a woman who is serving our Instead of receiving care at a mili- SEC. 708. RESTORATION OF PREVIOUS POLICY country, and she is told she is at the tary hospital on base at her expense, REGARDING RESTRICTIONS ON USE mercy of the host country. For no the military will incur thousands of OF DEPARTMENT OF DEFENSE MED- ICAL FACILITIES. other procedure or life-threatening ill- dollars in costs to transport her to Section 1093 of title 10, United States Code, ness would we allow the Department of safety. This may be why the DOD sup- is amended— Defense to turn military personnel out ports this amendment. They recognize (1) by striking out subsection (b); and onto the streets of their host country. the costs involved in the current policy (2) in subsection (a), by striking out ‘‘(a) But that is what we are allowing for as well as the threat to the health and RESTRICTION ON USE OF FUNDS.—’’. women. safety of our soldiers. Mrs. MURRAY. Before I speak on This is what this particular service- One has to think that maybe oppo- this amendment, let me again thank woman faced. She was given a hand- nents of the Murray-Snowe amendment my colleagues for their help on the drawn map with the location of three are really trying to just humiliate Veterans Burial Rights Act. This is an hospitals that perform abortions. When women or jeopardize their health and important personal issue for me, and I she arrived at the hospital, none of the safety. It cannot be that they are con- know it is for many families across the nursing staff spoke any English. She cerned about military personnel per- country who will be waiting for the had no Japanese friends who could forming abortions when they object. DOD report. And I will be working with translate, and the Air Force could not All branches of the military have in- all of you on whether or not we receive provide any assistance. If she had been cluded in their code of conduct lan- that report in a timely manner. arrested for armed robbery, the Air guage allowing for a conscience clause Mr. President, the amendment that I Force could have been of more help to for military doctors. They cannot be have just called up is again to the De- her. forced to perform an abortion if they partment of Defense authorization bill, The doctors in the hospital had lim- conscientiously object. and it is an effort to protect the health ited proficiency in English, and one During debate on this authorization and safety of our military personnel could not even tell her what medica- bill, I heard many of my colleagues and dependents who are stationed over- tion he was giving her. Obviously, talk about the quality-of-life needs for seas. there was very little concern about our soldiers, the need to ensure that Mr. President, I am here on the floor possible reactions to the medication. our troops receive the support that today to urge my colleagues to support She was totally at the mercy of these they deserve. This should be the same the Murray-Snowe amendment which doctors in the host country. standard afforded women soldiers. This ensures that female military personnel Her experience was humiliating and is a basic quality-of-life issue. Access and female dependents are not sub- frightening. As she stated in her let- to a full array of clinical services for jected to substandard care while serv- ter—and I quote— women goes to the heart of quality of ing our country. Although I serve in the military, I was life. The Murray-Snowe amendment is given no translators, no explanations, no I ask my colleagues to join us in sup- transportation, and no help for a legal med- very simple. It would allow female port of our service personnel who so military personnel and female depend- ical procedure . . . The military expects nothing less than the best from its soldiers proudly serve our country and ask only ents access to abortion-related services and I expect the best medical care in return. for our support and assistance. This is at their own expense—at their own ex- If this is how I will continue to be treated as not about publicly financed abortions; pense—at military hospitals or medical a military service member by my country this is about protecting the health and facilities. Our amendment guarantees and its leaders, I want no part of it. the safety of military personnel and that women do not surrender their Opponents of the Murray-Snowe their families who are stationed over- rights to a safe and legal abortion be- amendment will argue that Federal tax seas. cause they are serving our country dollars should not be used to provide I retain the remainder of my time. overseas. Our amendment also ensures abortion-related services. I am sure The PRESIDING OFFICER (Mr. that women in the military have access their arguments do not hold up under SANTORUM). Who yields time? to the full range of reproductive health scrutiny. Mr. THURMOND. I suggest the ab- services. Our amendment simply restores pre- sence of a quorum. The current Department of Defense vious policy—previous policy—that al- The PRESIDING OFFICER. The restrictions that deny women access to lowed female military personnel to pay clerk will call the roll. safe and legal reproductive health serv- for abortion-related services at their The assistant legislative clerk pro- ices is not only inhumane, it jeopard- own expense at our military hospitals. ceeded to call the roll. izes their lives. This is a women’s They had to pay for this expense. The Mrs. MURRAY. Mr. President, I ask health issue, plain and simple. That is hospital or outpatient facility already unanimous consent that the order for probably why the American College of has to be maintained for the safety of the quorum call be rescinded. Obstetricians and Gynecologists sup- our troops. The cost of operating the The PRESIDING OFFICER. Without ports this amendment. The Murray- facility is already a given. The soldier objection, it is so ordered. Snowe amendment has also been en- or dependent would pay for any pos- Mrs. MURRAY. Mr. President, I yield dorsed by the American Medical Wom- sible added cost of providing this serv- to the Senator from Maine such time en’s Association, the American Asso- ice. as she desires. ciation of University Women, the Does she pay for the electric or water Ms. SNOWE. Mr. President, I thank American Public Health Association, bill for the facility? No, of course not. the Senator from Washington, Senator and the Planned Parenthood Federa- And this is where opponents argue that MURRAY, for taking the leadership on tion of America. Federal funds are being used to provide this issue once again. I am sure she

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7062 CONGRESSIONAL RECORD — SENATE June 25, 1998 shares my disappointment that we are sibly endanger her own health by seek- sacrifices that people in the military even in the position we are in today ing one in a foreign hospital whose already make, they are now required to that we have to offer this amendment. quality of care cannot compare with add unsafe medical care to the list. That this amendment is even necessary ours. Or she may have to fly to a third I happen to believe that the Depart- is regrettable. We will continue to offer country—again, where the medical ment of Defense in this country is re- it because we think it is important to services do not equate to those avail- quired to give the same kinds of op- make sure that women in the military able at the base—if she cannot afford tions and access to quality medical have access to health care treatment, to return home. care. In fact, it is a constitutional as well as their spouses and dependents When people sign up for the service, right for women to have this choice, of military personnel who are stationed we assure them that we will do our whether they are serving in the mili- overseas. Therefore, we will continue best to provide for them and their fam- tary or not serving in the military. to offer this amendment to ensure that ilies as part of the arrangement that Back in 1992, the Supreme Court ren- there is equal access to the high level we make in return for their willingness dered a decision in the case Planned of health care that the women who to serve our country. Yet we prohibit Parenthood v. Casey. It said that Gov- serve in our military have earned and women from using their own money to ernment regulation of abortion may deserve. obtain the care they need at the local not constitute an ‘‘undue burden’’ on We are here today, once again, be- base hospital. They are all alone in a the right to choose abortion. An undue cause U.S. law denies the right to foreign country, facing a very difficult, burden is defined as having the ‘‘pur- choose to the dependents of more than wrenching, personal, difficult decision, pose or effect of placing a substantial 227,000 service men and women sta- and all we can say is, ‘‘Sorry, you are obstacle in the path of a woman seek- tioned overseas, and it denies the more on your own.’’ ing an abortion.’’ than 27,000 servicewomen who have vol- The amendment that Senator MUR- Well, certainly a combination of unteered to serve their country access RAY and I are offering here today is military regulations and practical hur- to safe medical care simply because only asking for fair and equitable dles means that a pregnant service- they were assigned to duty outside this treatment. It says to our service men woman who needs an abortion, who country. and women and their families: If you makes that very difficult decision, may I do not understand, Mr. President, find yourself in this difficult situation, face lengthy travel, serious delays, why we insist on denying these women in order to ensure you receive safe and high expenses to fly her home, sub- and the families of our Armed Forces proper medical care, we will provide standard medical options, and re- their rights as Americans. We ask a the service if you pay for it with your stricted information. Therefore, in my great deal of our military personnel own money. opinion, the ban appears to unconsti- and their families—low pay, long sepa- I happen to believe we owe it to our tutionally burden the right to choose rations, hazardous duty. When they men and women in uniform, and their of American servicewomen. signed up to serve their country, I do families, the option to receive the care So for all of these reasons, Mr. Presi- not they believe they were told they they need in a safe environment. They dent, I hope that this body will do the would have to leave freedom of choice do not deserve anything less. right thing here today and overturn at ocean’s edge. It is ironic that we are I think it is really unfortunate that the ban that currently is in the statute denying the very people we ask to up- we are faced with this situation year in so that it allows women to have the op- hold democracy and freedom the sim- and year out in seeking what is equi- tion to make a safe choice for herself ple right to safe medical care. table treatment for women who are and her well-being. The New York Times summed it up serving in our military. Fourteen per- Again, I should remind this body that several years ago when they noted: cent of the military is now represented it isn’t a requirement that we now They can fight for their country. They can by women. They vote, they pay taxes, have to use Federal funds to pay for die for their country. But they cannot get are protected and punished under abortions. In fact, to the contrary, it access to a full range of medical services American law. They are serving in our allows women to use their own per- when their country stations them overseas. military to protect the ideals and sonal funds for that option—a decision The Murray-Snowe amendment rights that this country represents. they may have to make if they are sta- would overturn the ban and ensure that Whether we agree with abortion or tioned overseas in the military. At one women and military dependents sta- not, we all understand that safe and time in our history, they had that op- tioned overseas would have access to legal access to abortion is the law of tion. But now, in the last few years, safe health care. And I want to clarify the land. It is a choice and it is a right they have been denied that choice. I that overturning this ban will not re- that has been affirmed by the Supreme don’t think it is right or fair to women sult in Federal funds being used to per- Court. This ban takes away a funda- who serve in our military. form abortions at military hospitals. mental right of personal choice for I urge this body to adopt the Murray- Federal law has banned the use of Fed- them. I don’t believe we should create Snowe amendment. eral funds for this purpose since 1979. a dual standard because one happens to Mr. President, I reserve the remain- From 1979 to 1988, women could use serve in the military and happens to be der of my time. their own personal funds to pay for stationed abroad. You have that choice The PRESIDING OFFICER. Who medical care they needed at overseas in America. You have your choice of fa- yields time? military hospitals. As we know, a new cilities within your own State. You can Mr. THURMOND. Mr. President, I policy was instituted in 1988 that pro- go where you want to make that deci- suggest the absence of a quorum. hibited the performance of any abor- sion to have access to that legal med- The PRESIDING OFFICER. The tions at military hospitals, even if paid ical procedure. But when you are sta- clerk will call the roll. for with personal funds. tioned abroad, it is another matter in The legislative clerk proceeded to I should reiterate this point because terms of receiving the quality care call the roll. I think it clearly is an important one. that women deserve. They may well be Ms. SNOWE. Mr. President, I ask It is not the use of Federal funds or required to travel to another country, unanimous consent that the order for any public moneys; in fact, it is the use not facing the same medical standards the quorum call be rescinded. of one’s own personal funds for this that one is accustomed to here in this The PRESIDING OFFICER. Without procedure. country. objection, it is so ordered. As Senator MURRAY illustrated, what This ban puts women at risk. It puts Ms. SNOWE. Mr. President, I ask are the choices for women who are sta- their health at risk and it puts their unanimous consent that the time dur- tioned overseas and have to make a life at risk, because they may well be ing the quorum call be divided equally very difficult decision as to whether or forced to seek unsafe medical care in between both sides. not to have an abortion? She must ei- other countries where the blood supply The PRESIDING OFFICER. Without ther find the time and money to fly may not be safe, procedures are anti- objection, it is so ordered. back to the United States to receive quated, equipment may not be sterile. I Ms. SNOWE. Mr. President, I suggest the health care she seeks or else pos- don’t believe that, in addition to the the absence of a quorum.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7063 The PRESIDING OFFICER. The dent Clinton issued an Executive order simply says you can’t use taxpayer clerk will call the roll. to reverse the policy. Rather than go funds for an abortion. Because of the The legislative clerk proceeded to through the Congress and have the peo- commingling of funds and the impos- call the roll. ple exercise their will through their sibility of separating funds, we don’t Mr. COATS. Mr. President, I ask elected Representatives, the President want to use military hospitals for that unanimous consent that the order for just simply issued an Executive order, abortion. But nothing prevents that the quorum call be rescinded. saying, ‘‘I don’t like the current policy woman from going outside of the mili- The PRESIDING OFFICER. Without that Congress has established, and I am tary hospital facility to utilize another objection, it is so ordered. going to override it with an Executive hospital in countries where there are Mr. COATS. Mr. President, I would order.’’ Under that policy, the Presi- those hospitals. Because the law of the like to speak in opposition to the Mur- dent’s change in policy, defense facili- country—say Italy—does not allow ray-Snowe amendment and give a little ties were used for the first time in 14 abortions or support abortions; the bit of history. It is not the first time years, not to defend life, as our mili- military has provided transport for we have visited this amendment. In tary hospitals are charged to do, but to that individual who seeks the abortion. fact, we have been debating it each take life, and to do it with taxpayer There has never been a complaint filed year, I believe, since I have been in the funds. about inability to go and have that Senate. So we are not plowing any new In 1995, the House and the Senate abortion. ground here. We are replowing old voted to override the President’s Exec- So I think Members confuse the issue ground. Nevertheless, it is an impor- utive order, reversing that policy and sometimes when they come to the floor tant issue. making permanent the ban on the use without having heard the debate and On the amendment that has been of- of Department of Defense medical fa- say, ‘‘This is a vote on a woman’s right fered, I think it is important that cilities to perform abortions with the to choose whether or not to have an Members understand the current state exceptions of rape, incest, and abortion.’’ of play and understand what it is we endangerment of the mother’s life. I have strong and deeply held feelings are voting on. Some history can per- So again we are today debating that about that. We have debated that issue haps help. issue. The amendment before us would on this floor time and time again, and Mr. President, let me inquire as to strike that ban and reinstate the pol- we will debate it more—the nature and how much time is remaining on this icy instituted by the President through the meaning of life, the right of the un- side. his Executive order that the Senate born versus the right of a woman, and The PRESIDING OFFICER. Twenty- overturned 3 years ago. Proponents of the decision in terms of whether one two minutes 30 seconds. the amendment argue that abortions right has a preeminence over another Mr. COATS. Mr. President, I would under the Clinton order did not involve right. But that is not what is at issue like to be notified when 10 minutes use of taxpayer funds since service- here today, and it shouldn’t be con- have been used. I don’t believe I will women are required to pay for their fused in this debate. The issue is not use more than that. own abortions. But, Mr. President, that over whether a woman has the right to Mr. President, since 1979 the Depart- statement evidences a misunder- ment of Defense has prohibited the use an abortion. That is a debate for an- standing of the nature of military med- other day. of Federal funds to perform abortions ical facilities. The issue is whether that abortion except in cases of rape, incest, or to Military clinics, unlike the private should be partially paid for by tax- protect the life of the mother. The bill hospitals, receive 100 percent of their payer funds, or performed at military before us today, the Department of De- funds from Federal taxpayers. Physi- hospitals. We have a policy in place fense bill, continues that prohibition. cians are not private physicians who that allows women who seek to have an When we debated this issue last year, it happen to be contracting with the hos- abortion while they serve in the mili- was abundantly clear that the current pital, but they are physicians that are tary, or their dependents, to have that restriction was not onerous. It did not government employees paid entirely abortion. Nothing prohibits them from put any women at risk. It is a policy with tax revenues. All of the oper- doing that. But we simply have to have which is fair. It was fair and sound last ational and administrative expenses of a policy that says that cannot be per- year and was supported by the Con- military medicine are paid for by tax- formed in a place where taxpayer funds gress, and it remains fair and sound payers. All of the equipment used to are being used to accomplish that, or today. perform abortions is purchased at tax- at least to accomplish part of that. What we are trying to do is maintain payers’ expense, and, therefore, it is a consistency in Federal policy relative impossible to separate out that which We have not received any evidence to abortion. That policy, described as is Federal funds utilized for abortion that indicates that this is a prohibition ‘‘the Hyde amendment,’’ states that from that which is private funds. on women, on their ability to have an taxpayer money should not be used The only way to protect the integrity abortion, to make a choice to have an against the wishes of taxpayers for of these taxpayers’ funds and the integ- abortion. It simply retains a policy elective abortions except in some very rity of the policy is to keep the mili- that has been consistently upheld by limited circumstances—exceptions are tary out of business of performing this Congress and by the Court that allowed in the cases of rape, incest, and abortions. Taxpayer money should not says that the taxpayer has a right to the life of the mother. But beyond be used if it goes against what I believe put limitations on whether or not their that, the Congress has consistently and I think the Congress has supported, taxpayer funds are used to provide supported prohibitions against the use the moral and religious beliefs of the abortions. The Congress has consist- of taxpayer dollars to perform abor- taxpayer, and in this case the tax- ently voted to uphold that policy. They tions. That is something that has been payer, through their Representatives, make what I think are legitimate and upheld by the Court. It is constitu- elected to Congress have expressed reasonable exceptions in cases of rape, tional. The case of Harris v. McRae time and again that they don’t feel cases of incest, and cases of where the upheld the Hyde amendment. It did not their tax dollars are appropriately used life of the mother is in danger. find a constitutional right to require to perform abortions. So I hope that Members would see the taxpayers to fund abortions. So I The question is raised: If abortions this issue for what it is—not a women’s don’t believe the Constitution is an are disallowed, does that not put those right to choose; we can discuss that at issue here. servicewomen who are seeking to have another time—but whether or not tax- Time and again we have disallowed an abortion at risk? It does not. As we payer funds should be used to perform the use of Federal funds for abortions, have repeatedly demonstrated and said, abortions. except in cases where, as I said, rape, along with certification from the De- Mr. President, I will reserve the re- incest or life of the mother is at issue. partment of Defense, nothing in this mainder of my time. In fact, I see the We are trying to maintain that policy. policy dictates the decision of the Senator from Idaho is on the floor. I That was a policy that was maintained woman, whether or not she wants to would be happy to have the chairman without problem until 1993 when Presi- have an abortion or has an abortion. It yield him whatever time he desires.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7064 CONGRESSIONAL RECORD — SENATE June 25, 1998 Mr. THURMOND. Mr. President, I sions. I note for the record, however, So I believe the current abortion pol- yield 8 minutes to the distinguished that a woman with a pregnancy who is icy at US military hospitals is con- Senator from Idaho. in the armed services who is overseas sistent with over all national policy. The PRESIDING OFFICER. The Sen- and that pregnancy is medically life- Mr. President, I conclude by just ator from Idaho is recognized for 8 min- threatening or the result of rape or in- stating I have the utmost respect for utes. cest, under current policy, can receive Senator MURRAY and Senator SNOWE, Mr. KEMPTHORNE. Mr. President, an abortion at a U.S. military hospital. the two Senators who have offered this thank you very much. I thank the But there is no getting around the amendment. I work with Senator chairman of the Armed Services Com- fact that the Department of Defense SNOWE on the Military Personnel Sub- mittee, and also Senator COATS for the military hospital are paid with 100 per- committee. She does an outstanding particular comments he has made. cent taxpayer dollars. The medical fa- job. What a great addition she is as we Mr. President, I have been the chair- cility is paid for with taxpayer money. deal with these issues dealing with our man of the Military Personnel Sub- The doctors and the nurses are Federal armed services. committee for the past two years, and employees, paid with taxpayer dollars. I also affirm this significant fact: We in that time I have learned the sub- So is the equipment, the overhead, the could not operate as the leader of the committee itself cuts a wide swath on operating rooms, et cetera. free world without women in the mili- all the issues that we deal with. This Even though the pending amendment tary. We must have these outstanding, subcommittee resolves issues that are contemplates that women will be al- dedicated individuals as part of our at the forefront of our national debate. lowed to use personal funds to pay for military installations. I believe that We cope with the issues of values an abortion, there is no getting around the policy that is on the book does af- taught to our young people who volun- the fact that taxpayer dollars would firm certainly their constitutional teer for the armed services. We deal still directly or indirectly pay for an rights, but it also affirms the national with the issues involving gender-based abortion. So this amendment, if adopt- policy which I have stated, and it pro- training, sexual harassment in the ed, could lead to situations where tax- vides opportunities for them to exer- workplace, drug and alcohol abuse, and payers are paying for abortions, which cise that. And in the case where it is now, as a result of this amendment be- is contrary to our national policy as life threatening, they certainly have fore the Senate, the very sensitive outlined in the Hyde amendment. That the means with which they can deal issue of abortion. is inconsistent with our national pol- with it in an appropriate fashion con- Senators should know that this icy. sistent with, I think, the caring of all To summarize, I would like to make amendment is not a new issue. Last human beings. a few important points on why I oppose year the Senate extensively debated So with that, Mr. President, I urge this issue, and defeated it on a 48–51 this amendment. First, I believe it is accurate to state all of my colleagues to oppose this vote. I trust that the Senate will again that our national policy, as reflected in amendment. defeat this amendment. I yield the floor and reserve the re- My record on the issue of abortion is legislation adopted by this Congress and signed into law, as embodied in the mainder of our time. clear. Abortion is the most emotional, The PRESIDING OFFICER. Who Hyde amendment, in essence states complex and personal issue before us yields time? that we will not use Federal taxpayer today. Personally, I believe abortion Mr. THURMOND. Mr. President, I money for abortion except in the case should be allowed only in cases of rape, yield myself 3 minutes. of rape, incest, or the life of the moth- incest or when the life of the mother is The PRESIDING OFFICER. The Sen- er. in danger. In addition, I have consist- Second, In 1980 the Supreme Court ator from South Carolina is recognized ently stated my belief that federal ruled on Harris vs. McRae, in which the for 3 minutes. funds should not be used for abortions. Supreme Court upheld the constitu- Mr. THURMOND. Mr. President, I In this regard, I have voted to main- tionality of the Hyde amendment. commend Senator COATS for the excel- tain the Hyde Amendment, which bans Third, Congress, the President and lent remarks he made on this subject. federal funding of abortion except in the Supreme Court have set and af- I also wish to commend Senator KEMP- cases where it is made known to appro- firmed the national policy that we not THORNE for his outstanding remarks. priate authorities that the abortion is use Federal money to fund abortions Mr. President, I will have to oppose necessary to save the life of the mother except in those cases that I cited. this amendment. There have been some or that the pregnancy is the result of Fourth, The Defense Department in good points mentioned by those who rape or incest. their own analysis has said it would be favor the amendment, but I do not I make it very clear at the outset an accounting nightmare to go through think it is wise. It is one that we have what this issue in this particular and determine the true cost of having debated several times on the floor of amendment is not about. It is not an abortion performed in a U.S. med- the Senate. about whether you are pro-life or pro- ical facility when the facility is 100 The current law prohibits abortions choice. This amendment is about where percent taxpayer funded. All of the per- from being performed in military fa- those abortions may be performed and sonnel, equipment and facilities are cilities except in the case where the whether they are paid for at Federal paid for by the taxpayers. life of the mother would be in danger Government expense. This amendment Fifth, Current policy allows for a fe- or in the case of rape or incest. The would repeal the prohibition on using male member of the military service, Congress enacted the current legisla- Department of Defense facilities for in the event she chooses to have an tion in 1995 and reaffirmed it again in abortions and allow prepaid abortions abortion, to have access to military 1996 and in 1997. to be perform in these taxpayer-funded transportation so that she can go to a In 1996, this same amendment passed facilities and by Federal medical per- facility of her choice and exercise her the Senate by a voice vote after the sonnel at these facilities. constitutional right. Any military per- motion to table failed. However, in The sponsors of this amendment sonnel has access to military transport order to achieve agreement with the argue that without this amendment, on a space-available basis. The DOD House of Representatives in the con- women in the Armed Forces stationed has never had an instance where a ference, the conferees were required to overseas may find it difficult to have woman who was seeking access on a return to the current provisions of law. access to a safe abortion. As a result, space-available basis on military trans- Last year, this same amendment failed this interferes with their constitu- port has been denied that because the to achieve Senate approval. tional right to an abortion, so they purpose of her transport was for an Mr. President, I would suggest that contend. abortion. extended debate on abortion within the I want to acknowledge that women Sixth, If a female member of the Senate is unlikely to change any Sen- who are in the Armed Forces and are military service was in a life-threat- ator’s vote. I hope we can agree to stationed overseas in countries where ening situation, an abortion could be limit the discussion and vote. abortion is not legal, are faced with performed at a US military hospital The question comes down to this. complex emotional and difficult deci- overseas. This is the question, and I would like

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7065 for Senators to listen to this: If you and 1995. It was permissible because it hardship for young women. This is a want to have abortion on demand per- is the law of the land for a woman to cost that servicewomen based in the formed in military treatment facilities have the right to choose. United States do not have to bear, overseas at the expense of the Govern- The fact is, because she goes across since non-military hospital facilities ment, then this amendment is for you. the border of the United States, she all are readily available. If you want to preserve the life of the of a sudden loses her right to make this If military personnel cannot afford to baby except in the case of rape, incest, decision and is denied access to quality return to the United States on their and when the life of the mother is at care. So, that is the issue here today. own for an abortion, they will often risk, then you should vote against this It is not a question of using public face significant delays waiting for mili- amendment. funds, because that is not what this tary transportation. The health risks It is just that simple, Mr. President. amendment is all about; it never has increase each week, and if the delays in I urge my colleagues to defeat this been. It is a question of whether or not military flights are long, a woman may amendment. a woman in the military who is as- well decide to rely on questionable I yield the floor. signed overseas is going to be treated medical facilities overseas. As a prac- The PRESIDING OFFICER. Who differently, treated as a second-class tical matter, women in uniform are yields time? citizen, being the victim of a double being denied their constitutionally- Ms. SNOWE addressed the Chair. standard because individuals have dif- protected right to choose. A woman’s The PRESIDING OFFICER. The Sen- ferences over whether or not women in decision on abortion is a very difficult ator from Maine. America have a right to choose. and extremely personal one. It is unfair Ms. SNOWE. I thank the Chair. I Because she is in the military, be- to impose an even heavier burden on yield myself such time as I may con- cause she is assigned overseas, she women who serve our country overseas. sume. should not be treated any differently Every woman in America has a con- Mr. President, I just make several and she should not be required to leave stitutionally-guaranteed right to observations in response to some of the those rights behind. choose to terminate her pregnancy. It comments that have been made here Mr. President, I reserve the remain- is time for Congress to stop denying this afternoon. First and foremost, this der of my time. this right to military women serving doesn’t cost a single cent to the Fed- Mr. KENNEDY. Mr. President, I urge abroad. It is time for Congress to stop eral Government. When we hear about the Senate to support the amendment treating service women as second-class the fact, well, it is going to cost some offered by Senator MURRAY. This provi- citizens. I urge the Senate to support money because of the use of the hos- sion would take the long overdue step the Murray amendment and end this pital, the use of medical personnel, I of repealing the current ban on pri- flagrant injustice under current law. think we all recognize the rates that vately-funded abortions at U.S. mili- Ms. MIKULSKI. Mr. President, I rise are charged by hospitals today. They tary facilities abroad, so that women today in support of the amendment of- set a rate, they set a cost, a charge for in the armed forces serving overseas fered by Senators MURRAY and SNOWE. recovery of all of the costs. The fact is, can exercise their constitutionally- I am proud to be a cosponsor of this under Medicare and Medicaid, we reim- guaranteed right and have safe abor- amendment. This amendment states Senate sup- burse hospitals and providers for a spe- tion services. port for providing access to reproduc- cific cost. So are we saying that we are This is an issue of fundamental fair- tive services for military women over- not able to create a charge for that ness for the women who make signifi- seas. It repeals the current ban on pri- particular procedure and in this case cant sacrifices to serve the nation. vately funded abortions at US military the option to have an abortion? I doubt They are assigned to military bases facilities overseas. it. around the world to protect our free- I strongly support this amendment Obviously, the charge that is set is doms, and they serve with great dis- for four reasons. First of all, safe and the recovery of all of the costs, all of tinction. It’s wrong to deny them the legal access to abortion is the law. Sec- the overhead. Hospitals all across kind of medical care available to all ondly, women serving overseas should America and throughout the world set women in the United States. They have a full range of medical services. that rate. So this doesn’t cost a dime should be able to depend on their base Thirdly, this amendment protects the of taxpayers’ money—not a dime. I hospitals for all their medical services. health and well-being of military think it is an important point to em- It is not fair for Congress to force women. Finally, we should not deprive phasize, that no public funds are used; women who serve overseas to face the military women from legal medical it is only personal funds. choice of accepting medical care that procedures. Second, it has been mentioned: What may be of lower quality or else return- It is a matter of simple fairness that is the law of the land? Row v. Wade is ing to the United States and for the our servicewomen, as well as the the law of the land, and it includes the care they need. Without good care, spouses and dependents of servicemen, constitutional right for a woman to abortion can be a life-threatening or be able to exercise their right to make have an abortion, to make that deci- permanently disabling procedure. This health care decisions when they are sion, to make that very difficult per- danger is an unacceptable burden to stationed abroad. Women who are sta- sonal choice. And, in fact, between 1973 impose on the nation’s servicewomen. tioned overseas are totally dependent and 1988, it was permissible for a Congress has a responsibility to pro- on their base hospitals for medical care woman to have this procedure done at vide safe alternatives in these situa- and should not be denied abortion serv- military hospitals, and between 1993 tions. Opponents of this amendment ices when confronted with an unin- and 1995 the same was true. Unfortu- are exposing service women to substan- tended pregnancy. Most of the time the nately, in the years in which it wasn’t tial risks of infection, illness, infer- only access to safe, quality medical allowed, we were denying a woman’s tility, and even death. The amendment care is in a military facility. We should right. Unfortunately, it got embroiled does not ask that these procedures be not discriminate against female mili- as to whether or not you were pro-life paid for with federal funds. It simply tary personnel just because they are or pro-choice. asks that the appropriate care be made stationed overseas. They should be able That is not the issue here. It should available. It is the only responsible exercise the same freedoms they enjoy not be the issue. The issue should be thing to do. at home. Without this amendment, whether or not a woman who serves in In addition to the health risks of the military women will continue to be the military, who has an overseas as- current policy, there is a significant fi- treated like second-class citizens. signment, has access to the same nancial penalty on servicewomen and It is ridiculous to think that a health care as everyone else who serves their families who make the difficult woman cannot use her own funds to in the military—in this case, with an conclusion to have an abortion. The pay for access to safe and quality med- abortion procedure, using her own per- cost of returning to the United States ical care. sonal funds. That is the issue here. from far-off bases in other parts of the The current ban on access to repro- That is why this right was allowed be- world to obtain adequate care can ductive services is yet another hit on tween 1973 and 1988 and between 1993 often involve significant financial Roe v. Wade. It is an attempt to cut

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7066 CONGRESSIONAL RECORD — SENATE June 25, 1998 away at the constitutionally protected pays for the abortion, the equipment INOUYE, Senator WYDEN, Senator right of women to choose. It strips will be used, facilities will be used, KERREY of Nebraska, Senator DURBIN, military women of the very rights they Government employees will be used. So Senator MURRAY, and Senator FEIN- were recruited to protect. Abortion is a we are simply saying to that woman GOLD. fundamental right for the women in who seeks an abortion, we would like The PRESIDING OFFICER. The this country. It has been upheld repeat- you to go outside the military health clerk will report. edly by the Supreme Court. care system to have your abortion. The bill clerk read as follows: Let’s be very clear on what we are Since you are paying the cost anyway, The Senator from Nevada [Mr. REID], for talking about here today. We are talk- it is not a question of affordability. himself, Mr. BRYAN, Mr. INOUYE, Mr. WYDEN, ing about the right of women to obtain Then the question arises, What if fa- Mr. KERREY, Mr. DURBIN, Mrs. MURRAY and a safe and legal abortion paid for with cilities are not available outside of Mr. FEINGOLD, proposes an amendment num- their own funds. We are not talking military hospitals? The military has bered 3009. about using any taxpayer or federal recognized this is a possibility. It is Mr. REID. Mr. President, I ask unan- money. We are not talking about re- not a problem at all at any U.S. base, imous consent that reading of the versing the conscience clause. No mili- military institution, nor in many for- amendment be dispensed with. tary personnel will be compelled to eign institutions. But there are certain The PRESIDING OFFICER. Without perform an abortion against their wish- countries that have bans on abortions objection, it is so ordered. es. being performed in their country on The amendment is as follows: This is an issue of fairness to the the basis of that country’s policy. The On page 347 strike line 21 through line 13 women who sacrifice every day to serve military, in that instance, has said we on page 366 and insert the following: our nation. They deserve the same will make space available on air trans- (f) REPEAL OF SUPERSEDED AUTHORITY.— quality care that women in America port for these women to go to a place Section 2205 of the Military Construction have access to each day. I urge my col- where the abortion is legal. Authorization Act for Fiscal Year 1997 is re- leagues to support this important pealed. This section shall take place one day So, I don’t understand what the prob- after the date of this bill’s enactment. amendment to the 1999 Department of lem is. And, rather than overturn a law Defense Appropriations Bill. which has been upheld by both the Mr. REID. Mr. President, all Sen- The PRESIDING OFFICER. Who courts and enacted by this Congress ators in this body who have a military yields time? again and again and again—the Hyde installation in their States should be Mr. COATS. Mr. President, what is language—it seems the best way to concerned if my amendment does not the status of the time? proceed is to leave the current policy pass because, in effect, what this lan- The PRESIDING OFFICER. The Sen- that has been endorsed in place and de- guage that I am trying to have strick- ator from Indiana has 5 minutes re- feat this amendment. en today does is guarantee the future maining. The Senator from Maine has 5 I urge my colleagues to vote for the of Mountain Home Air Base. That is minutes 46 seconds remaining. current law, to vote against the Mur- what this is all about. This enlarge- Mr. THURMOND. How much time is ray-Snowe amendment, again, because ment is simply to stop there being a left on our side? there is no identifiable problem to further round of closures that affects The PRESIDING OFFICER. You have which this amendment seeks to advo- Mountain Home Air Base. 5 minutes. cate a solution. This amendment would prevent the Mr. THURMOND. Mr. President, I Mr. President, I reserve the remain- unnecessary expansion of Mountain yield the remainder of the time on our der of my time. Home Air Base. This is a training side to the able Senator from Indiana. The PRESIDING OFFICER. Who range, an Air Force range in Idaho. Mr. COATS. Mr. President, I believe yields time? Since 1991—in fact, since the early we will be able to yield back time. I Mr. COATS. Mr. President, I think 1980s, the Air Force has sought to ex- don’t know that we have any other we are ready to yield back time. There pand the training areas used by pilots speakers here. Let me just quickly does not appear to be any other speak- operating from Mountain Home Air summarize the reasons, the basis of ers. We can move to the next amend- Base in southern Idaho. why we oppose the amendment. ment or vote. These training areas are made up of I believe the amendment is a solution The PRESIDING OFFICER. The Sen- the airspace over the Owyhee Canyon in search of a problem. There is no ator from Maine. lands and range from southern Idaho to identified problem with women in the Ms. SNOWE. Mr. President, I yield eastern Oregon and northern Nevada. military or their dependents seeking back the remainder of my time. First of all, let me talk a little bit the right to have an abortion of their Mr. COATS. I yield the remainder of about the Owyhee Indian Reservation. choosing when there simply is a provi- my time. This is a Shoshone Paiute Tribe con- sion in current law which states on this Mr. THURMOND. I yield back the re- sisting of a little over 2,000 members. issue the military is not going to de- mainder of time on this side. The area that they were placed by the cide whether or not that woman should The PRESIDING OFFICER. All time Federal Government is an area that is have an abortion. has expired. There has been no rollcall beautiful, but very stark and cold. We simply are saying that we want requested. Many times during the winter, you will to uphold the policy that has been in The Chair asks if anyone wishes to find the coldest place in the United place now for nearly 20 years, with the order a rollcall vote on the pending States is the Wild Horse Reservoir lo- exception of the President’s over- Murray amendment. cated some 20 miles below the reserva- turning it for a 3-year period, that says Mr. REID. Mr. President, I ask for tion. This is a very cold place. But in the taxpayers’ funds should not be used the yeas and nays. spite of it being cold about 9 months to perform abortions or to pay for any The PRESIDING OFFICER. Is there a out of the year, it is a beautiful place. portion of abortion except in certain sufficient second? The Owyhee—O-W-Y-H-E-E—Reserva- limited cases —the case of rape, the There is a sufficient second. tion also has running through it the case of incest, or where the life of the The yeas and nays were ordered. Owyhee River. This is one of the most mother is in jeopardy. AMENDMENT NO. 3009 beautiful areas anyplace in the United Because of the nature of military The PRESIDING OFFICER. Under States. hospitals, they are 100 percent funded the previous order, the Murray-Snowe How did the name Owyhee originate? with taxpayer funds, including all their amendment is now set aside and the If you ask one of the Indians from the equipment, all their facilities, and all Senator from Nevada is recognized to reservation, they will tell you it is their staff. Military doctors are Gov- offer his amendment. very simple. Last century, some trap- ernment-paid employees. Mr. Presi- The Senator from Nevada. pers from Hawaii came to trap on the dent, 100 percent of their pay is from Mr. REID. Mr. President, I send an river in the area. They were never the taxpayer. So it is impossible to uti- amendment to the desk on my behalf of heard from again. No one knows what lize military hospitals without using myself and my colleague Senator happened to them. From that time for- taxpayers’ funds. Even if the woman BRYAN, the Senator from Hawaii, Mr. ward, this whole area has been known

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7067 as Owyhee, a derivation of a Hawaiian ing. The deputy chief of staff stated that The Bureau of Land Management name—O-W-Y-H-E-E—Canyon. The using existing assets, the wing has trained does not recognize these lands as being lands range from southern Idaho, east- adequately and has become combat ready. It available for sale or in need of com- ern Oregon, northern Nevada. seems very clear and unambiguous. pensation. The Air Force is saying this will im- Mr. President, further, a draft audit This is simply wrong. prove their ability to train at this from the inspector general went on to Let’s talk about the environment, range. They are saying it is inconven- say: the wildlife and also about Native ient for them to have to fly to Utah, to The Air Force’s proposed Idaho Training Americans. There are many reasons to Oregon and Nevada to train. That is Range is an unwarranted duplication of ex- oppose it. I have outlined a number of isting DOD tactical training ranges. Also, just a way of trying to establish an air them already. It is an unnecessary ex- base that won’t be taken away in the the Air Force cost-benefit analysis to justify the Idaho Training Range is not valid. We at- pansion of the base because the Air future. There is no reason to enlarge tributed these conditions to the State of Ida- Force doesn’t need it. It is unnecessary this air base; none whatsoever. The ho’s efforts to influence the fiscal year 1995 compensation to a rancher, a cowboy longest flight they have to take now to base closure selection process and an eager- in the area. But, these Owyhee lands do their training in Nevada, Utah or ness by both Air Force and Idaho officials to are far more than just a target for Air one of the other bases in the area is establish the training range. Force bombers or a dumping ground for about 40 minutes. It doesn’t seem like Therefore, the Air Force and the Idaho Air Air Force chaff. a very long time. If, in fact, we are able National Guard will unnecessarily spend $35.4 million. The Owyhee Canyon lands provides to have our amendment adopted by some of the most pristine, rugged and Which has been cut down a few mil- this body, they will still have to fly to spectacular country in the West. Let lion. these areas. So this does not take away me show you some of the areas along Further, Mr. President, a Depart- the necessity of having to have their the Owyhee. It is a beautiful area. It is ment of the Air Force memorandum pilots fly to other areas to train. called the next Grand Canyon or the from assistant inspector general of au- Why is this language in the defense ‘‘Grand Canyon of the North.’’ It is just diting a couple years ago states: authorization bill which will expand picturesque any time of the year, and the training range and associated air- The draft report is largely devoted to es- this is going to be impacted signifi- tablishing what the Air Force has long ac- space? It is not about training and cantly as a result of the language that readiness. That is taken care of. This is knowledged—the State’s proposed Idaho Training Range is not a necessity for com- is in this bill. about base realignment and closure. posite wing training in Idaho. Recently described as the ‘‘other This is about something we call BRAC. Grand Canyon’’ in a prominent western This is about almost $32 million being That is really it. There is no reason to have it. There is no request for it. magazine, the Owyhee Canyon lands used to buy BRAC insurance for Moun- are a vast network of river canyons, tain Home Air Force Base in Idaho. The reasons haven’t changed since the inspector general made his report. plateaus; this is the largest undevel- It seems somewhat unusual to me oped area in the lower 48 States. that in this bill we are fighting to have In this same audit, the Secretary of Defense asserted that the existing This is a mecca for those who seek to money for projects that are extremely escape the daily clutter of civilization. important for the readiness of the mili- range can support the day-to-day ac- tivities that are necessary. Even the I repeat, these canyonlands are the tary. It seems real unusual to me and largest undeveloped area in the lower most everyone else who looks at this as Air Force stated that the ‘‘Air Force has long acknowledged the State’s pro- 48 States. And, Mr. President, these to why we have to spend $32 million of canyonlands offer an unmolested rem- money that we don’t have and can’t af- posed Idaho Training Range is not a necessity. . ..’’ nant of nature. This is what it is like. ford to enlarge a base that shouldn’t be Tens of thousands of people go there expanded. What does this unwarranted duplica- tion of existing assets cost? Almost $32 every year—41,000, to be exact, the last It is about trying to make Mountain count that we had. And they are going Home too attractive to close, while million for an expansion the Air Force admits is not necessary, even as the to be devastated as a result of this area other bases in other parts of this coun- being used for low-level bombing by try are closing. It should come as no Secretary of Defense calls for another round of base closures just to make airplanes, low-level training by air- surprise that this range expansion is planes. not needed and is a waste of taxpayers’ ends meet. We also have another very unique Mr. President, Owyhee is the tradi- money. land policy issue, and that is, there is tional homeland for the tribes of the Mr. President, let me read from an a cowboy whose statements I have Shoshone-Paiute. They have signifi- Air Force audit report. This is an audit read. He doesn’t want to leave his cant religious and cultural interests report of the inspector general of the ranch and is not going to have to leave which must be protected from en- Department of Defense verbatim: his ranch. But about 5 percent of his croachment and desecration. Here, Mr. The Air Force has not . . . proved why ex- many thousands of acres are going to President, is some of the petroglyphs isting training ranges cannot continue to provide composite force training. Estab- be taken by the Air Force. that are existing. They are all over this lishing the Idaho Training Range would be In compensation for this, he is going area. an exception to the overall DOD attempt to to get anywhere from $250,000 to $1 mil- To us, the ashes of our ancestors are sa- downsize infrastructure. lion. I must say, Mr. President, this is cred, and their resting places are hallowed I continue the quote: the first time that the land managers ground. Our religion is in the traditions of our ancestors, the dreams of our old men The Assistant Secretary asserted that are aware of ever paying anybody for a given them in solemn hours by night, by the Saylor Creek can support day-to-day train- privilege. That is, people who have Great Spirit, and the visions of our chiefs. ing performed by the composite wing. In grazing lands have the privilege of And it is written in the hearts of our people. summary, the Utah, Nellis and Fallon ranges grazing cattle on those lands. Why are suitable for composite force training and should we pay somebody for that privi- Chief Seattle is the one who said the ranges have the required airspace and lege? It seems it should be the other that. ground areas. During our audit, the 336th way around. Mr. President, shouldn’t the Native wing officials— In addition to that, this gentleman is Americans have been part of this deal? That’s Mountain Home—— being compensated for water lines that Do they deserve to be ignored? They stated that all the training requirements he has put in, fencing he has put in and live in a very remote part of the United were being met with the Saylor Creek range also he is going to be guaranteed make- States, one of the most remotely set- and the Utah, Nellis and Fallon ranges. Our up for the grazing lands that are taken tled areas in the entire United States. review showed that the capabilities of the from him. It seems like a pretty good And they have been ignored. Utah range satisfy the currently described training quality attributes applicable to the deal to me, that he, in effect, loses And as one newspaper reported, it 366th. The Air Force chief of staff, plans and nothing but makes anywhere from a seems rather unusual that there would operations, has acknowledged that the ITR quarter of a million to a million dol- be so much attention spent—and I was not necessary for composite force train- lars. quote—‘‘It is one thing when it’s a

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7068 CONGRESSIONAL RECORD — SENATE June 25, 1998 white rancher who is a significant con- ways much more difficult to take they get more airspace, they are still tributor. But if it’s the Native Ameri- something out of a bill than to put going to go to Oregon, still going to go cans who are not involved in a com- something in. But we are going to pro- to Utah, still going to go to Nevada. mercial relationship with the Federal ceed on that basis. Mr. President, they are going to Government, too bad for you.’’ What is being done here is simply come on and say, well, we are only That is from a newspaper article wrong. The act bends the process. It going to fly so high or so low. Who is today, an intermountain feature ex- fails to address the concerns of the going to enforce that? Who are the air change from the Idaho Statesman. tribe. We have 41,000 annual police? They do not have them. Anyone It seems to me that I have no prob- canyonland visitors a year. The agree- who has flown an airplane in the mili- lem with this rancher caring a lot ment is not a product of public com- tary knows those rules are not en- about his land. I think what I have ment. The public has spoken and has forced. heard about him —he has been on that clearly said they do not want the Look what took place in Italy just a land, his family has been on that land range. short time ago. That was in force be- since 1880. Mr. President, those Indians Only yesterday the Idaho Statesman, cause they hit a cable on a gondola at have been there a lot longer than that. the leading paper in Idaho, reported a ski operation. But to say we are only They deserve at least the right of that ‘‘Congress has a wide variety of going to fly this high or this low is ri- somebody to consult with them. And reasons to reject the proposed training diculous. Everybody knows there is no they have been ignored. They have range for Mountain Home Air Base. It way to enforce that. written a letter saying they have been should pick one and vote no.’’ The agreement in this bill is stealth ignored, they are not part of this con- There are lots of reasons. We only legislation. I believe in stealth in the cern, and they should have been. need one of those reasons. There are a military, but not in the legislative The canyonlands, Mr. President, offer multitude of reasons. The fact is, the process. a safe haven for the California bighorn citizens of Idaho oppose this expansion Mr. President, we have numerous let- sheep, the pronghorn antelope, elk, 6–1, as I have said before. ters. I would ask the Chair, how much deer, and numerous plants that will re- This agreement is the result of an time has the Senator from Nevada used quire our attention if they are to sur- unpleasant compromise forced on the of the 1 hour? vive in the future. BLM as part of a shotgun wedding with The PRESIDING OFFICER. The Sen- Here is a picture, Mr. President, of the Air Force. For the BLM, it was ei- ator has used 20 minutes. the California bighorn sheep—one of ther the language accepted earlier this Mr. REID. Mr. President, there are the most magnificent animals there is. afternoon, or the even more odious numerous newspaper articles from all Average life expectancy of one of these agreement which was originally in the over the country. But let us just focus animals—7 years. In that 7 years, they bill. And all so Mountain Home can on a few. Let us talk about a news- become a majestic animal and can do enjoy BRAC insurance. This is not the paper article from Idaho Falls where all kinds of things. They can do all way to craft an agreement for the pub- they talked in the Post Register. ‘‘The kinds of athletic things that are be- lic interest. U.S. Air Force keeps trying to build a yond belief. We should do something to As I have said, Mr. President, the en- new bombing range at its Mountain protect them. And we are not. vironmental impact statement is sup- Home base—but it still hasn’t got it These are lands which are both part posed to protect all parties. It does not. right.’’ of our Western heritage and part of our The Shoshone Tribe said yesterday: They acknowledge that this is ‘‘the American future. People of the West The EIS does not even begin to account for most spectacular canyonlands left in deserve a voice in how that heritage is tribal concerns and was absolutely insuffi- North America.’’ They talk about cer- used and what the future is going to be. cient for the purpose of making a decision tain concessions the military has at- Today, the people of Idaho, Oregon, regarding tribal interests. In fact, the EIS tempted to make. process was detrimental to Tribal archae- and Nevada have been allowed to add But these concessions are irrelevant ological resources because significant van- [though, says the newspaper] when placed their voice to the chorus of those op- dalism has resulted from the lack of con- posed to further range expansion. next to what the Air Force has in mind. It fidentiality provisions in this part of the EIS wants to fly thousands of bombing missions, Mr. President, I think it says a lot process. hammering the countryside. This activity when we understand that groups are That is why the majority of the peo- would occur in a countryside where solitude opposed to this. They talk about an en- ple in the States of Nevada, Idaho, and recreation is becoming increasingly popular. vironmental impact statement, and Oregon oppose this language. The lan- And it is the home of rare California big- they have a comment period. The com- guage in the agreement which address- horn sheep, not to mention a rich spectrum ments were 6–1 opposed to this—op- es the tribe’s sacred sites was never of high desert wildlife. Biologists will tell you that bighorn sheep don’t schedule their posed to this. shown to them. Their opinion, in this Groups opposed to Mountain Home lambing to suit the air force bombing runs. end game, was never asked. They haven’t addressed [the newspaper arti- range expansion are: the Shoshone-Pai- Consistent with this approach, they cle goes on to say] the 500 archaeological ute Tribes, Taxpayers for Common are excluded from every decision in the sites in the Owyhee Canyon lands. Some of Sense, the Wilderness Society, the Si- process that has been acquired here. these sites are the most important to the erra Club, the Idaho Wildlife Federa- This, Mr. President, is wrong. Shoshone-Paiute Tribe. tion, Owyhee Canyonlands Coalition, I am a strong supporter of the men They go on to say, recently as late at Foundation for North American Wild and women in our military. And as 1995, 1996, the Air Force said they Sheep, U.S. Public Interest Group, the much as any American, I want to make didn’t need the land. National Wildlife Federation, the Ne- sure that they have everything they The Idaho Falls Post Register, again, vada Wildlife Federation, the Idaho need to be prepared to defend our Na- says, ‘‘You would expect something Conservation League, Friends of the tion’s interests and return home safely. this important’’—talking about this Earth, The Rural Alliance for Military Mr. President, over half of Nevada’s legislation—‘‘would warrant a separate Accountability, the Oregon Natural airspace is dedicated to the military. piece of legislation.’’ They go on to Resources Council, the Idaho White- Over 50 percent of the airspace over the say, ‘‘No, it is sneaked into an appro- water Association, the Idaho Rivers State of Nevada is dedicated to the priations bill.’’ There will be no public United, the Committee for Idaho’s High military. But they want more. They hearings. The voices of thousands of Desert, the Oregon Natural Desert As- are gluttons, Mr. President. They can- Idahoans who overwhelmingly opposed sociation, and the Friends of the West. not get enough. Over half of the air- the Air Force bombing range during a The newspapers that are opposed to space of the State of Nevada is already series of forums will be silenced. Ida- it, to name a few, are the Idaho States- dedicated to the military. And I see no hoans won’t be able to talk about the man, the Idaho Falls Post Register, the reason that there must be more given, loss of solitude in an area so popular Wood River Journal News, and the more taken. with fishermen, hikers, and ranchers, Times-News. The Air Force has not justified its and Native Americans won’t be able to So I am somewhat concerned that need to spend $32 million. And they do express their concerns, and no Idahoan this is in the bill. We recognize it is al- not need more airspace. Remember, if will be allowed to tell the Congress

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7069 that building a bombing range for pi- then find replacement allotments of also the best training opportunities, so lots who already can fly to the ranges equal value. Brackett has an agree- that when those men and women get in nearby Utah is wasting taxpayers’ ment with BLM to commence an envi- into that aircraft, they have every dollars. ronmental assessment, confer over chance and opportunity to come back Mr. President, they go on to say ‘‘the 3,000 temporary AUMs—animal unit home to their loved ones after accom- politically contrived pack is silent months—to the Juniper area, which plishing what the U.S. Government about how the Air Force will respect would require compensation. It seems sends them to do on behalf of the U.S. areas in the Duck Valley Reservation.’’ unfair and unwise. citizens. It gives the Air Force the right to fly Mr. President, training will continue. The characterization that this is just twice a month at 500 feet. The Air It is not going to change. This is for some guarantee of future Mountain Force promises to alert the public in the benefit of the Air Force, to give Home Air Force Base, is that why this advance—as if everybody is standing at them BRAC insurance. There is no is one of the items in a priority of the attention for this announcement. other reason for this. It is a range of President of the United States? Is that The Twin Falls newspaper says: Why convenience. It is detrimental to the why the Secretary of Interior is part of is this training range necessary? It is environment. If we look to the future, this process? The acting Secretary of not. It is not as if the new lean and this training range is not futuristic, it the Air Force? The director of the mean Air Force doesn’t have other op- is something that is looking to the BLM? The director of the Council of tions to the west for the composite past. And certainly, with our con- Environmental Quality? The Secretary wing station. At Mountain Home, the strained budget, and attempting to bal- of Defense? Are they all in this to- Owyhee Canyon lands is a convenience, ance the budget, it is unwise. I ask my gether? Yes, they are, because we want not a necessity. They go on to say it is colleagues to support this amendment, to provide that sort of training oppor- just that in an era where the Federal to delete this language from the bill, tunity for the composite wing. Government is supposed to be trimmed save the taxpayers a huge amount of It happens to be located at Mountain down and subcompact, the proposed money today and large amounts of Home Air Force Base. I serve on the Senate Armed Services Committee. I Owyhee training range seems to be money in the future. more like a Cadillac hood ornament. I ask for the yeas and nays on my am proud of that assignment. Why did The Twin Falls newspaper, the Times amendment. we put this legislation, this language News: The real issue is, will the mili- The PRESIDING OFFICER (Mr. from the Department of Interior and tary be allowed to lock up this irre- SMITH of Oregon). Is there a sufficient the Air Force, in the defense authoriza- placeable gem of God’s creation for the second? tion bill? Because that is where the sake of a shorter commute? Eight Mr. REID. Mr. President, I suggest President puts the funds for the expan- years into this debate and we still the absence of a quorum. sion and improvements to the training haven’t heard a convincing explanation The PRESIDING OFFICER. The range. That seems rather logical to me. why it should. This is how the people of clerk will call the roll. Governor Phil Batt, a Republican, dur- Idaho, the people of Nevada, how the The bill clerk proceeded to call the ing his entire term of office, has been people of Oregon feel about this. That roll. working to make this project a reality is why the groups I have listed—Oregon Mr. REID. I ask unanimous consent that the order for the quorum call be from the State perspective. His prede- Natural Resources Counsel, the Rural cessor, Governor Cecil Andrus, a Demo- Alliance for Military Accountability, rescinded. The PRESIDING OFFICER. Without crat, worked diligently and dedicated Friends of Earth, and dozens of other objection, it is so ordered. much of his time to bring this about to groups—think this idea is scatter- Mr. KEMPTHORNE. Mr. President, I be a reality. We are finally going to brained and not very wise. will address the amendment offered by make it a reality. Is it a Republican Mr. President, we have numerous ar- the Senator from Nevada. issue? Well, if it is, why is a Democrat ticles. I also state that yesterday there The PRESIDING OFFICER. Who administration making this such a pri- was a statement made when there was yields the Senator time? ority? a perfecting amendment—there was, in Mr. THURMOND. How much time do I ask the opponents of this: Have you fact, a photo shown, but the Owyhee we have left? called your President? Have you called Canyon lands photo is a photo of the The PRESIDING OFFICER. The Sen- your Secretary of Interior? Have you Tules and East Fork of the Owyhee ator from South Carolina controls 60 called your Secretary of the Air Force? River. The area is not covered by alti- minutes in opposition. Your director of the BLM? Your direc- tude restrictions described by the per- Mr. THURMOND. Mr. President, I tor of the Council of Environmental son moving the amendment. The re- yield the distinguished Senator such Quality? If you have, as I have, I think strictions extend upriver to Battle time as he may require. you will get a very clear message that Creek. The Tules area is east of this. Mr. KEMPTHORNE. Mr. President, this is a priority and this must and Now public comments. The move- thank you very much. should go forward. ment of the perfecting amendment yes- I will address a number of the issues On this idea that, by golly, we have terday failed to disclose that of the that have been raised by the Senator shut everybody out, there have been 21⁄2 thousands of comments submitted, the from Nevada. He talks about this pro- years of effort, Mr. President. This is substance of the comments—I repeat, posal by the Air Force to expand and the environmental impact statement. 6–1, 86 percent are opposed to this deal; enhance training at Mountain Home Yes, everybody was ‘‘shut out’’—16 pub- 86 percent are opposed to the Air Force Air Force Base. It is a composite wing lic hearings in 3 different States, over proposal. with F–15s, F–16s, B–1 bombers, C–135 400 witnesses, and over 1,000 comments The tribes weren’t at the table; the tankers. This is unusual, to have a are included in this. Show me the evi- tribes weren’t present at the meetings composite wing. They are bedded down dence that they were shut out. of any of the Senators who moved the so that they train as they will fight. We talk about the Native Americans. amendments. Tribal concerns have not I think we know we have a troubled The Senator from Nevada said, been met. The tribes remain opposed. world out there. There is no longer the ‘‘Shouldn’t they be part of the deal? One completed study, funded by the Air other big giant, the Soviet Union. We Why were they ignored?’’ Well, I would Force, shows irreversible harm to trib- see the troubling headlines every day. like to, then, reference from the envi- al culture by this proposal. It is a composite wing that would get ronmental impact statement a few of Mr. President, there is no reason to the order—if we have to go into harm’s the meetings that were held between do this. Rancher Brackett will not go way, there is a high likelihood they the Air Force and representatives of out of business as a result of this pro- would be dispatched from Mountain the Shoshone-Paiute Tribe. I happen to posal. The impact of the allotment rep- Home Air Force Base—the finest pilots have the utmost respect for members resents 5 percent of his total operation. in the world, sending them into harm’s of the Shoshone-Paiute tribe. I worked The intention of the amendment, very way. with them. A number of them I con- graciously, is to compensate the ranch- I hope and pray that not only do we sider friends. They are wonderful peo- er for loss of grazing allotments and provide them the best equipment but ple.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7070 CONGRESSIONAL RECORD — SENATE June 25, 1998 A meeting was held on 20 May, 1995; there. It is beautiful. He said that they of the Democratic Party, certainly on 20 September, 1995; on 6 December, would be devastated by this decision— those on the Senate Armed Services 1995; on 21 February, 1996; on 21 May, devastated by this decision—because Committee, to support this Air Force 1996; on 22 May, 1996; on 23 May, 1996; we are going to turn it into a bombing proposal, to support this administra- on 28 May, 1996; on 20 June, 1996; on 11 range. Over this beautiful, pristine tion proposal, so that we can do what is July, 1996; on 7 August, 1996; on 22 Au- canyonland, do you know what the cur- right, do what is right for the pilots, gust, 1996; on 19 September, 1996; on 20 rent regulations are? Jets can fly at 100 but do it in a sensitive fashion that is September, 1996; on 24 September, 1996; feet above ground level, 100 feet above right for the environment and which on 8 November, 1996; on 9 December, the canyon rim. With this agreement, also enhances the opportunities for 1996; on 9 January, 1997; on 22 January, they won’t be able to do that. Right recreation. 1997; on 14 March, 1997; on 9 June, 1997; now, they can do that 365 days out of I reserve the remainder of our time on 29 July, 1997; on 5 December, 1997; on the year. With this agreement, during and yield the floor. 10 December, 1997; on 9 January, 1998; April, May, and June, they can only do Mr. THURMOND addressed the Chair. on 13 January, 1998. it Tuesday, Wednesday, and Thursday. The PRESIDING OFFICER. The Sen- Isn’t it a shame that they were ig- So that the recreationalists can enjoy ator from South Carolina. Mr. THURMOND. I yield myself 2 nored. There were 26 meetings. the beautiful canyonlands and the minutes. In a letter that the tribe sent to the water, it is just Tuesday, Wednesday, Mr. President, Senator REID’s amend- Honorable Rudy De Leon, Under Sec- Thursday, not 7 days a week. Inciden- retary of the U.S. Air Force—included ment will strike title 29 of the Nation’s tally, it is not at 100 feet above the Defense Authorization Act for Fiscal in this letter, Mr. President, they ref- canyon rim, but 5,000 feet above the erenced the training range. They say, Year 1999. Title 29, if enacted, would canyon rim, if they run parallel to the authorize the land withdrawal for en- ‘‘In regard to the training range, en- canyons, a mile on each side, 5,000 feet, hanced military training in Idaho. closed as an attachment is a map with or perpendicular at 1,000 feet. That is That land withdrawal is necessary to a shaded area running north and west what you pick up with this. ensure the very realistic military from a reservation. This represents the But if you don’t like that, then go training of the 366th Wing at Mountain area in which our sacred sites are lo- along with the Senator from Nevada Home Air Force Base, ID. The adminis- cated and, therefore, the area in which and strike the language, and the pilots tration has expressed support—I re- we oppose the creation of any training can again be at 100 feet above the can- peat, the administration has expressed range, whether drop or no drop.’’ yon rim 365 days a year. support—for Senator KEMPTHORNE’s Included in this letter is this map. We talk about sheep that are there; substitute amendment to title 29 which Now, I would like to point out that the Air Force provides $435,000 for 4 was passed by a voice vote yesterday. here is the Duck Valley Indian Res- years so we can monitor the impact of I strongly support Senator KEMP- ervation. Here is the Idaho-Nevada bor- this, the flights on the sheep as well as THORNE’s amendment to title 29 of the der. This map is the same as right here. sage grouse. We have mitigation in Defense Authorization Act for Fiscal They drew the line; the Native Ameri- place for spotted pepper grouse. Year 1999 and his continued efforts to cans drew the line and said, ‘‘Stay out Mr. President, I think we have a good ensure enhanced training in Idaho. As of this area, please, because we have program here. I think we have a good a result, I must oppose Senator REID’s sacred sites, because this is critical to project. We talk about the training. amendment. our culture.’’ So where is Juniper Again, as members of the Armed Mr. President, I yield the floor. Butte, the 12,000-acre training range? Is Services Committee, we are very con- Mr. REID addressed the Chair. it in that area? No. It is right there, cerned about training and the amount The PRESIDING OFFICER. The Sen- right there. But nobody was listening. of time that we can budget for our pi- ator from Nevada. Where is the evidence? Who selected lots actually to be in the air training— Mr. REID. Mr. President, my friend that site—Juniper Butte? Did this not in transit, training. That is the from Idaho indicates that he wants to rancher come forward and say: Federal key—training. We have determined make sure that the pilots don’t fly in Government, would you please choose that their total combat training time harm’s way. The pilots who fly out of this site? No. It was the Bureau of more than doubles with this enhanced Mountain Home are treated fairly. Land Management. That was their pro- training range—more than doubles. They have all they need to be the best posed alternative. They suggested that. Isn’t that what we want for our pilots— that they can be. After a 21⁄2-year process, the Air Force to be training, so, again, as much as I refer to what the Air Force said agreed that that is the best site. That you hope and pray, they are not going themselves. I quote the Air Force dep- is where you can do it. BLM rec- to have to go into conflict with some- uty chief of staff. He acknowledged ommended it; Air Force concurred. The thing crazy that happens somewhere in that ‘‘the Idaho training range was not rancher—or the ‘‘cowboy,’’ as the Sen- the world? But I will tell you, if they strictly necessary for composite force ator from Nevada refers to him—didn’t do, I don’t want to be on the side that training.’’ The deputy chief of staff come forward and say, ‘‘I would like to denied them the opportunity for ade- said, ‘‘The division already met train- do this.’’ The Air Force, from day 1, quate training. ing needs using the existing range at said they would compensate anybody This proposal that predates my ten- Saylor Creek, as well as the ranges in who was adversely impacted. ure in the U.S. Senate—it has been Idaho and Nevada.’’ There is the land, 12,000 acres. That is around many, many years, but it is Here is what General Ken Peck had where that family, for years, has been time to bring it to a conclusion. That to say, the wing commander: ‘‘We are deriving their living. They put in ex- is what the President of the United the most combat capable unit any- tensive water pipes and fencing in this States believes. That is what the Sec- where in the world right now.’’ area. But now, because the Air Force retary of the Air Force believes, the So I don’t think we can stretch this needs it, yes, they are willing to be Secretary of Defense, the Secretary of by saying that if this amendment does good citizens and say, all right, we will the Interior, and the Idaho delega- not pass, the Air Force pilots are going no longer utilize it as we have. But tion—Senator CRAIG, Congresswoman to be flying in harm’s way. Quite to the isn’t it fair that they ought to be com- CHENOWETH, Congressman CRAPO—Gov- contrary. According to the commander pensated for the pipelines and the ernor Batt. It is time to do this and do of the 336th Wing, ‘‘We are the most fence, so they can be allowed to remain what is right. combat capable unit anywhere in the whole? There it is. Mr. President, I think that concludes world right now.’’ Why? Because they Now, these beautiful pictures of the my remarks at this point. I hope I have fly, at the most, 40 minutes to do train- Owyhee Canyon lands are absolutely helped set the record straight. ing. They can train at Mountain Home, spectacular. The Senator from Nevada I urge my colleagues not to support but at the most, 40 minutes. says that citizens, in trying to escape this amendment offered by the Senator Mr. President, let me also say that I the daily clutter, go to these Owyhee from Nevada. have mentioned a number of the envi- Canyon lands. That is good. They Again, I remind you that this is not ronmental groups. Everyone should un- should come there. They are welcome a partisan issue. I call upon my friends derstand that they haven’t had many

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7071 environmental votes this year. This is their life disturbed, are not getting 5 changed regarding my enthusiasm for the one of them. The League of Conserva- cents. Enhanced Training in Idaho (ETI) initiative. tion Voters feels very strongly about They will be able to fly over Jack’s The 366th Wing at Mountain Home Air Force Base is an important component of our this. They have written letters. They Creek, an area that BLM didn’t want military capability. As one of the first units have done telephone calls. They have to give up—270 square miles of pristine to deploy to a problem area, it has the re- sent e-mail. They sent faxes. This is land. sponsibility to neutralize enemy forces. It something the League of Conservation Mr. President, I think the most im- must maintain peak readiness to respond Voters are going to look at very close- pressive thing here is how the Federal rapidly and effectively to diverse situations ly. Government has attempted to get in- and conflicts. ETI balances realistic local training with Mr. President, has the training of the surance. It is not on the market in careful consideration of environmental, cul- last 7 years been sufficient or inad- most places. In Congress it is. They can tural, and economic concerns. The elements equate? The Air Force can disagree, as come in here and buy BRAC insurance of the ETI proposal, though designed to min- I have already indicated from the com- so that next time we do base closings— imize environmental impacts, will simulate mander of the base. We must focus on everybody knows Mountain Home just real world scenarios and allow the aircrews the justification for the proliferation barely made it last time. This is an ef- to plan and practice complex missions. In ad- of more Air Force space. It is simply fort to assure that Mountain Home dition to providing realistic training, ETI’s close proximity to Mountain Home Air Force unneeded. Is it necessary to spend $32 won’t close next time. Base also will enable the Air Force to con- million? The answer is no. We are try- I want to make sure, because they vert time currently spent in transit into ac- ing to save money, not spend it unnec- are never represented in the halls of tual training time. Thus, the ETI proposal essarily. As I have said before, this is Congress, or rarely so, and certainly allows Air Force crews to use limited flight BRAC insurance for Mountain Home the Owyhee Indians are not rep- training hours more efficiently. Air Base. resented—I want everyone to under- I continue to give the ETI process my full support. It will provide our commanders What does the new tribal council say stand that they feel they have been with realistic training opportunities locally, about the sites? They say that they had, that they have not been treated while ensuring potential impacts to natural, have people come to the reservation on fairly, and they feel their lands have cultural, social, and economic resources are many occasions but, of course, have been taken from them this time and in identified and, where possible, cooperatively not consulted with the tribe. They the past. In the past, we can’t do much resolved. Your strong support for the ETI have come through and told the tribe about that, but we certainly can do initiative is very important to us, and you what they are going to do, and that is something about this time. may rely upon my continued interest and commitment. I trust this information is use- indicated. It is important to do that. This amendment should pass. It is a ful. They have been ignored. fair thing to do. It is the right thing to Sincerely, The picture that has been shown by do. It is the good thing to do for the BILL COHEN, my friend from Idaho shows this desert military of this country. And it is the Secretary of Defense. area. Mr. President, what do you fly best thing we could possibly do for the I also have a letter dated June 19, over to get to that? You fly over this to taxpayers of this country. Right off the 1998, from the Acting Secretary of the get to that. You fly over this land. bat, we would save $32 million. Air Force, Whitten Peters, as well as That is the problem. We admit they are I reserve the remainder of my time. the Secretary of Interior, Bruce Bab- not going to be strafing and dropping I say to the chairman of the com- bitt. I quote from that: bombs in this area. But they are going mittee, the manager of the bill, that I DEAR SENATOR KEMPTHORNE: We are to be flying over this to get to the only have one Senator I know who has pleased to provide you with the attached leg- other area. indicated he wants to come and speak islation for the withdrawal of lands for the I repeat: Who is going to be the air on this issue, and we are making a call. Enhanced Training in Idaho (ETI) project. As police? Are we going to have heli- If he does not want to come, maybe we you know, this legislation represents three copters up there 500 feet, and, if you go can yield back our time. years of extensive work by the Bureau of below that, you hit a helicopter? The Mr. THURMOND. I suggest the ab- Land Management, the Air Force, you, and answer is no. There is no air police. other representatives of the people of Idaho, sence of a quorum. and many others who care about the welfare The airspace is violated continually. The PRESIDING OFFICER. The of Idaho’s environment and the effectiveness Anyone who has an airbase in their clerk will call the roll. of the 366th Wing at Mountain Home Air State knows that. These pilots do their The assistant legislative clerk pro- Force Base. best. Sometimes their best is not good ceeded to call the roll. ETI will increase the realism, flexibility, enough. They must fly over these wil- Mr. KEMPTHORNE. Mr. President, I and quality of the Air Force’s training. It derness areas, these pristine areas, to ask unanimous consent that the order permits the 366th Wing to train more effi- for the quorum call be rescinded. ciently and effectively for its important mis- get to the area in the picture my friend sions, thereby improving the aircrews’ safety showed. The PRESIDING OFFICER. Without and mission performance. Implementation of Mr. President, who called them about objection, it is so ordered. ETI will substantially strength the 366th the agreement on the sacred sites in Mr. KEMPTHORNE. Mr. President, Wing’s ability to ensure readiness to perform this bill? The answer is no one. Every- my colleague from Nevada has been its assigned missions. body was shut out over the site. The reading from an inspector general’s Importantly, however, the Air Force and Air Force didn’t like what was being audit. I believe the date on that is 1995. BLM also worked very hard so that ETI said. Remember, we talk about thou- That particular project was the Idaho would balance training needs with the con- cerns of the Shoshone-Paiute Tribes, the en- sands, or more, comments—1,000 or Training Range. It was a previous pro- vironment, and other public land uses. The more comments, and 86 percent of posal that was rejected. This was a pro- Air Force and BLM actively solicit public them were opposed to it. You can go posal which then-Governor Cecil and agency involvement through the devel- around and get all the comments you Andrus worked extremely hard to bring opment of the project. Participants in the want, if you are going to ignore them. about and should be commended for process included the State of Idaho, environ- That is what was done here. that. But again the specifics on that mental organizations, the Shoshone-Paiute I admit that taking taxpayer money audit deal with ITR, the Idaho Train- Tribes, ranchers, recreational organizations, and other users of the public lands in Idaho. and spending it unnecessarily is a bi- ing Range, and that is not the proposal The Air Force incorporated numerous partisan objective around here. I agree before us today. mitigations in the design of the project to with my friend from Idaho. Money is He references official letters that I address public concerns and relocated facil- spent unnecessarily by Democrats and think are a couple years old, so let me ity sites during preparation of the environ- Republicans, and that is what is being read to you, if I may, a letter from the mental impact statement to avoid various done here. current Secretary of Defense, William environmental concerns expressed by the It seems funny, as reported in the Cohen. I will ask unanimous consent Shoshone-Paiute Tribes and others. Fol- lowing completion of the EIS and consider- Idaho press, that the only person being that this be made part of the record. ation of public comment, the Air Force compensated is a caucasian farmer. It says: adopted further mitigation measures, includ- The Indians who have their tribal lands Thank you for your letter of September 8, ing altitude and seasonal overflight restric- violated, their sacred sites violated, 1997. I want to assure you nothing has tions

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7072 CONGRESSIONAL RECORD — SENATE June 25, 1998 that further address concerns of recreational Mountain Home Air Force Base and its we value their beauty—and they are users to protect the habitat of bighorn sheep. expanded mission. beautiful. As Senator KEMPTHORNE has The NEPA process was a valuable tool in What did we do? What did Idaho do to said, where there was once a 100-foot helping to identify these mitigations and re- ensure that the public lands were held solve concerns. level of flight over areas, which may be We believe the attached legislation accom- in the appropriate esteem, that Native demonstrated in the pictures standing modates many issues that you and other rep- Americans involved in this were appro- by the Senator from Nevada, there is resentatives of the people of Idaho have priately addressed, that the mission now 1,000 feet of protection. Where raised throughout the process and is an im- was fulfilled by the expansion of range there was an ability to continually fly portant step forward for national security, to the necessary amount? over areas where there are California for the environment, and for significant trib- We met twice with the BLM and the sheep, there is now a limitation during al interests. Air Force and all of the agencies in- The Office of Management and Budget ad- volved to assure that they did their the lambing period. There really isn’t vises that from the standpoint of the admin- homework and that they did it right, anything we have not thought of, be- istration’s program there is no objection to 1 because several years ago they had not cause we have been consulting for 2 ⁄2 the presentation of this report to Congress. years with every stakeholder and every Sincerely, done it right and Idahoans reacted, in interest in this area. BRUCE BABBITT, part, by saying, while we need this Secretary of the Interior; training range, the process has to be I am at a loss today to try to under- F. WHITTEN PETERS, corrected. The process is now complete stand why the Senator from Nevada Acting Secretary of the Air Force. and the process is correct, by every would want to strike this because we Mr. President, as noted here, the lan- participant’s evaluation. have talked with him. We felt we had guage which I submitted is the admin- There are some, like Senator KEMP- talked and worked with his people ade- istration’s language. And I was greatly THORNE has just spoken to, who do not quately enough to assure that all of pleased, and I appreciate the statement agree with it. But they agree with the concerns were met. Claims that by the ranking member of the Senate nothing. They oppose everything. Even this range is only here to BRAC-proof Armed Services Committee, Senator though they are hard-pressed to admit Mountain Home simply are false be- LEVIN, when he stated, and I may be that there were any failures to the cause Mountain Home was never on the paraphrasing, that Senator KEMP- process because they were involved, list. Why? For a lot of the reasons that there were, I believe, some 16 public THORNE did exactly what he said he Nevada bases have not been on lists, hearings in the State, a full outreach would do in the Armed Services Com- because they are away from population mittee, and that is that he would come by the BLM and the Air Force, to make centers and they have great air time back before the Senate and he would sure that this reallocating of land was and they are the kinds of bases that provide the perfecting language to this the right thing to do. issue. It is exactly what I did. And The Duck Valley Indian Reserva- the Air Force wants for optimum fly- whose perfecting language? It came tion—I believe there were 20-plus meet- ing. That is why. from the administration. ings. Let me read a letter that was sent But, for new training missions, look- I know that the senior Senator from on January 29 by the entire congres- ing out into the future, knowing how Idaho wishes to make comments on sional delegation to the Shoshone-Pai- difficult it is to reallocate public lands, this, so I will yield the floor and again ute tribes of Duck Valley Reservation. Mountain Home and the Air Force look forward to comments by the sen- James Paiva, the tribal chairman: thought it was time to expand the nec- ior Senator from Idaho, who has been a Dear Chairman Paiva: essary training ranges. It costs hun- great leader on this issue as well. Today we received the Air Force’s final En- dreds of thousands of dollars annually vironmental Impact Statement . . . regard- I make this final thought. It is a pub- to fly longer distances to train simply lic process. In the public arena you ing the Enhanced Training in Idaho . . . project. We also had a meeting with senior because of the consumptive necessities sometimes get bruised, but there are Department of Defense, Air Force, Depart- of these large aircraft. The closer that just groups out there that for years ment of the Interior and Bureau of Land range, the easier to train, the less need have not wanted this project to become Management officials regarding the future to schedule timing and do all of that a reality, and so they will use any han- steps necessary to develop the ETI. type of thing. And that is exactly why dle they can to try to stop it. They Knowing of the tribes’ previous concerns regarding the ETI [or the Enhanced Training we worked with the Air Force to do have tried a variety of things to stop that. it. Sometimes they questioned people’s in Idaho] project, at our meeting today we integrity in their efforts to try to stop especially asked about the tribes’ position I hope my colleagues will join with regarding the final EIS. We were assured the us today in not supporting a motion to this. That is real unfortunate because I Air Force and BLM have made great efforts think that is what causes a lot of citi- to accommodate the concerns of the Tribe. strike, because I believe the two Sen- zens to say ‘‘that’s why I don’t want to We want to thank you for your excellent ators from Idaho, certainly, Senator step into the public arena.’’ cooperation on this very important project. KEMPTHORNE and myself, have spoken I think people’s reputation and dig- We urge you to continue to work with the to this issue. We knew that there nity are worth something, and I don’t Air Force to develop cooperative solutions to would always be concern about the re- think they ought to be trashed just for training issues. We look forward to working allocation of public lands and that the with you in the future on the many areas of a political agenda to somehow try to mutual interests we share. process had to be unquestionable. We stop something. have tracked it. We have detailed it, So with that, I look forward to the Sincerely, Senator CRAIG. day to day, week to week, month to 1 comments by the senior Senator from Senator KEMPTHORNE. month, for 2 ⁄2 years. Now the adminis- Idaho. Congressman CRAPO. tration is in full support of it. The ad- The PRESIDING OFFICER. The Sen- Congresswoman ministration put it in their budget. ator from Idaho. CHENOWETH. The Department of the Interior signed Mr. CRAIG. Mr. President, I am here The outreach has gone on. The out- off on it. The Air Force signed off on it. on the floor this afternoon to join my reach has been complete. I cannot The BLM has signed off on it. It is in colleague from Idaho, Senator KEMP- stand here today and tell you that all full support. THORNE, to reinforce what this Senate members of the Shoshone-Paiute tribe agreed to yesterday, agreed to in a at Duck Valley are satisfied. But we So why, today, a motion to strike is unanimous environment. What they believe that their questions and their beyond me and very frustrating. We really agreed to, once the two Senators concerns have been answered and that had hoped this would not have to from Idaho and the Idaho congressional they agree in general that is the case. occur, but apparently it is necessary delegation had spent over 21⁄2 years en- Let me address the environment for that the Senator from Nevada do this. suring that the public process was ful- just a moment. The Owyhee will not be For that, I am disappointed, that it has filled, they agreed—you agreed, the devastated. Neither Senator CRAIG nor to happen, because the people of Idaho Senate agreed—that the Senators from Senator KEMPTHORNE would stand or have been addressed in this issue and Idaho, having worked the process, de- tolerate that, and any suggestion of all of the parties concerned have been served to do what was necessary to do that is bunk. It is a false allegation at worked with in a complete manner. We to ensure the long-term stability of the very best. We value our lands and believe it is important that we proceed.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7073 Let me add just one additional thing. for use by the United States Air Force wilderness areas, big horn sheep and The Senator from Nevada expressed for a project known as Enhanced Train- other wildlife. concern about the compensation issue ing in Idaho, or E.T.I. In addition, as trustee for the Sho- for a rancher. I said it yesterday. The It would ratify the Air Force’s re- shone-Paiute tribes, the Department is Senator from Nevada was not on the cently announced selection of this concerned about the potential impacts floor. Let me repeat it again today. land—known as the Juniper Butte that adding Juniper Butte to the bomb- There is no compensation for this indi- Range—for addition to an existing ing range would have on the Duck Val- vidual rancher. There is an assurance, 109,000-acre training range. ley Reservation and its people. as we require him to move to a new The Air Force plans to invest thirty While Interior and Air Force rep- range, that the moneys are there to million dollars to outfit the area for resentatives have been meeting in an build the pipelines and the water sys- training pilots in electronic warfare, effort to address Interior’s many con- tems and the cross-fences to make the tactical maneuvering and air support. cerns, there has been no effort to ad- new range as productive as the old Over the past several years, the Air dress the tribal concerns. range that is being taken away from Force has failed to gain public ap- Given the past and present concerns him. This rancher and the Three proval of similar proposals to expand about this matter, it is appropriate to Creeks Grazing Association that I am its training area in Idaho to provide ask, ‘‘What’s the rush?’’ very familiar with—I have been out on more cost-effective training for pilots Why is it necessary to short circuit that range numerous times. I know the at Mountain Home Air Force Base. the normal public process of review and canyonlands that the Senator from Ne- These proposals, like the current Ju- comment, of congressional review of a vada talks about. I have been there. I niper Butte proposal, have been con- proposal of this nature? have been in them over the last good troversial in large part due to their po- While it may be desirable for the Air number of decades. But the Three tential impacts on proposed wilderness Force to provide an additional area for Creeks Grazing Association—this areas, wildlife, and human populations. training, there is no lack of existing fa- These impacts—principally from the rancher and others—have invested hun- cilities and no crisis that requires anticipated increase in air traffic and dreds of thousands of dollars of their hasty action by the Senate. the noise associated with it—are sig- own money and time over the last There have been no congressional nificant and very difficult to mitigate. hearings on the decision to go ahead many, many years to make this one of Increased air traffic and noise are of the best grazing areas in the State of with the Juniper Butte land with- particular concern to the Shoshone- drawal since the Air Force announced Idaho. Why? Because they can manage Paiute tribes of the Duck Valley Indian their cattle and because they have ade- it in March of this year. Reservation, which straddles the Accordingly, the Senate has no quate water systems to move from pas- Idaho-Nevada border. ture to pasture without overgrazing. As record of discussion of the relative Low level overflights of the reserva- costs and benefits of the proposal, a result, these lands have become in- tion and sonic booms associated with creasingly productive. much less of the need for it. the existing Idaho training facilities Indeed, a June, 1995, report by the Something else happens when lands have long been a source of friction be- for grazing become increasingly pro- Defense Department’s inspector gen- tween the tribes and the Air Force. eral concluded that ‘‘establishing the ductive because of water and because of As a result of litigation brought by Idaho training range would be an ex- rest/rotation management through ef- the tribe against the Air Force over ception to the overall DoD attempt to fective cross-fencing. The abundance of these issues, the tribe and the Air wildlife increases, and there is clear downsize infrastructure’’. Force entered into an agreement con- Anyone familiar with my record in documentation to prove it. Upland cerning training flights in the vicinity game birds, deer, and now in Idaho, Congress knows that I believe in a of the Duck Valley Reservation. strong national defense. open range elk have increased in phe- Regrettably, the tribe currently re- I support the desire of the Air Force nomenal numbers—not because of the gards the Air Force as being in viola- to have the best possible training fa- absence of management but because of tion of this agreement. the presence of management and be- It is therefore not surprising that the cilities so that our pilots will remain cause of the kinds of investment that Duck Valley tribes view the Juniper the very best in the world. many of these ranchers have worked Butte proposal as an additional threat And I have no doubt that the Air with BLM to make over the years. to their culture, religion and resources. Force has labored long and hard to ad- That is the intention we are talking Nevertheless, I would like to com- dress the various criticisms that have about. Not the full misrepresentation mend the Air Force for entering into a been made of its proposals to expand in the newspapers that somehow some- contract to evaluate the impacts of Air its training facilities in Idaho. body was getting paid off. That is sim- Force activities on the cultural prac- However, I also believe that the Sen- ply not the case. I don’t think the ad- tices and sacred sites of the tribes. ate has a duty and an obligation to be ministration would be involved in that However, my understanding is that sure that the questions of need, of kind of a tactic. It is their budget that these ethnographic studies are ongo- costs and benefits, have been answered we are dealing with here and the mon- ing, and that we at present do not have fully. eys they put in for the purposes of the benefits of their findings or rec- We also have an obligation to review these kinds of transitions. That is what ommendations. the adequacy of the measures being we are talking about today. Given the difficult history in the re- proposed to mitigate impacts on the We have been fully aboveboard on lationship between the Air Force and environment, wildlife, and human pop- this with numerous public hearings ad- the tribe, I question the wisdom and ulations. dressing all of the issues. I hope my the need to move precipitously on the Until and unless these concerns have colleagues will join Senator KEMP- Juniper Butte withdrawal. been fully addressed, I see no compel- THORNE and myself in a motion to table Typically, when a Federal agency an- ling reason to go forward with this this motion to strike. nounces a record of decision on a pro- project at this time. I yield the floor. posal such as the Juniper Butte with- Accordingly, I support Senator Mr. INOUYE. Mr. President, I rise in drawal, other Federal agencies have an REID’s amendment to strike the Juni- support of the amendment to S. 2057 of- opportunity to review and comment on per Butte provisions from S. 2057. fered by my colleague from Nevada, it. Mr. BRYAN. Mr. President, I rise Senator REID. The Department of the Interior, today in support of the Reid amend- The Reid amendment would strike whose Bureau of Land Management ment, which would strike title 29 of the from the bill an amendment adopted by currently manages the Juniper Butte Defense Authorization bill, entitled the Armed Services Committee during lands, has a wide array of concerns ‘‘Juniper Butte Range Lands With- its markup of S. 2057. about withdrawing the lands for a drawal.’’ Title 29 would authorize de- That amendment, offered by Senator bombing range. velopment of the proposed Enhanced KEMPTHORNE, would withdraw 12,000 The department has concerns about Training in Idaho (ETI) project of the acres of land from the public domain potential impacts to some 22 proposed Air Force. The ETI involves creation of

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7074 CONGRESSIONAL RECORD — SENATE June 25, 1998 a new Air Force training range cov- of public lands in the State of Nevada Mr. President, for the reasons stated ering parts of Idaho, Oregon, and Ne- for training ranges in Fallon and above, I urge my colleagues to support vada to enhance training for aircrews Nellis. the Reid amendment. of the 366th Wing based at Mountain 4. Environmental impacts associated Mr. REID addressed the Chair. Home AFB. The ETI would provide with the proposal have not been ade- The PRESIDING OFFICER. The Sen- composite force training that includes quately mitigated.. ator from Nevada. multiple types and numbers of aircraft A substantial portion of the air space Mr. REID. Mr. President, the senior training together. The proposal would expansion proposed by the Air Force is Senator from Oregon was coming to allow the Air Force to withdraw 12,000 in the state of Nevada. the floor to speak, but there is an ill- acres of BLM land and associated air- The Board of County Commissioners ness in his family, and he will be un- space. Total DoD funding is estimated of Elko County, Nevada, has expressed able to come. at $31.5 million. its concern with the proposal regarding What we have to understand is why, Mr. President, I would like to share the impact of increased training flights if the previous information that they with my colleagues several reasons over the Owyhee Canyonlands, which had given to the Senate regarding the why I feel the Enhanced Training in extend into Elko County in northern audit was not accurate, why wasn’t an- Idaho proposal lacks merit. Nevada. other audit done? 1. The Air Force has not justified the Less than one-third of the acreage The electronic range that is being need for a new training range. the BLM originally sought to protect is talked about here is essentially the The Inspector General of the Depart- covered by the 5,000 foot minimum same, although it has shifted a little to ment of Defense reviewed the Air flight level contained in the agreement the east. Both proposals feature super- Force’s Idaho training range proposal between BLM and the Air Force. sonic operations, low-level flight, flare and found that ‘‘the Air Force cost The agreements 5,000 foot standard and chaff and composite force exercises benefit analysis that supports the pro- protects less than one-half of the wil- over vast areas of public lands. posal was prematurely formulated be- derness study areas of that region and The generic components of the elec- cause of the lack of an overall training its archaeological and sacred Indian tronic battlefield and bombing range plan for the 366th Wing.’’ sites. have been juggled around geographi- The IG audit recommended that the It protects less than one-third of the cally in the airspace, but have re- Pentagon ‘‘withhold Air Force and Air candidate wild and scenic rivers. mained essentially the same and are National Guard funds related to estab- Finally, the agreement opens mili- designed to support the same kind of lishing the Idaho training range.’’ tary overflights in the area sur- training which has been judged to be In his comments to the IG, the Air rounding Little Jacks Creek, which is redundant by the Department of De- Force Deputy Chief of Staff acknowl- the only remaining wild area in the fense inspector general in the audit re- edged that the Idaho training range Owyhees where people and wildlife, in- port. was not strictly necessary, and he stat- cluding bighorn sheep, can enjoy rel- There has been some talk that the ed that existing training resources en- ative peace tribe has been consulted many times. abled the 366th Wing to meet its train- 5. Impacts on the Shoshone-Paiute This is what the tribe says: ing needs and to become combat ready. tribes have not been adequately ad- The EIS does not even begin to account for The IG concluded that ‘‘the Air Force dressed. tribal concerns and was absolutely insuffi- has not established the training re- The proposal omits any meaningful cient for the purpose of making a decision mitigation measures for the tribal regarding tribal interests. In fact, the EIS quirement for the 366th Wing com- process was detrimental to Tribal archeo- posite force or proved why existing members residing on the Duck Valley logical resources because significant van- training ranges cannot continue to pro- Reservation dalism has resulted from the lack of con- vide composite force training.’’ The language of the proposal pays fidentiality provisions in this part of the EIS The IG further concludes that ‘‘the only lip service to the importance of process. Utah, Nellis, and Fallon ranges are preserving access to and use of Indian The tribe doesn’t like this deal. They suitable for composite force training sacred sites don’t like it in one respect, two re- and the ranges have the required air- 6. The compensation provisions for spects; they don’t like it in any re- space and ground areas.’’ During the ranching operations is a taxpayer spects. audit, officials of the 366th Wing stated boondoggle. My friend, the senior Senator from that all training requirements were The proposal contains a lucrative Idaho, says this has nothing to do with being met with the Saylor Creek Range compensation package for one rancher BRAC insurance. I only refer to the and the Utah, Nellis, and Fallon that currently has a federal grazing junior Senator from Idaho in a speech ranges. permit on the 12,000 acres targeted for where he said, it was reported in the 2. The ETI proposal is nothing more the range Mountain Home News earlier this year: than a BRAC insurance policy for It has been reported that the grazing The range will be a great insurance policy Mountain Home AFB. permit involves 1,059 AUM’s—an AUM for Mountain Home Air Force Base. The motivation for this proposal is is currently valued at $1.35—which That is a quote. ‘‘The range will be a clear: it lessens the likelihood of would mean that the permittee is cur- great insurance policy for Mountain Mountain Home AFB being included in rently paying approximately $1,429 per Home Air Force Base,’’ Mountain a future round of base closings. year for his privilege to graze cattle on Home News, February 25, 1998. Senator KEMPTHORN was quoted in public land The Owyhee Canyon Lands Coalition, the Mountain Home News earlier this It has also been reported that the speaking for all the environmental year as saying that the ETI range pro- agreement between the Air Force and groups, said: posal ‘‘will be a great insurance policy the permittee involves a buy out of all We have always considered the electronic for Mountain Home AFB.’’ or a substantial portion of this grazing warfare range to be at least as objectionable 3. Congress has not had the oppor- use at the rate of $250 per AUM, which as the Juniper Butte target site. tunity to review the proposal. equates to a total payment of $264,750; We have heard talk on the floor that Neither the Armed Services Com- in addition, the Air Force has agreed to there is no compensation involved. All mittee nor the Energy and Natural Re- compensate the permittee for the re- you have to do is read from the lan- sources Committee have held any hear- placement costs associated with con- guage of the bill that we are trying to ings on this proposal. structing new range improvements on have stricken: Interested members of Congress and other grazing land The Secretary of the Air Force is author- the public should have the opportunity The vast discrepancy between what ized and directed upon such terms and condi- to examine this proposal in the context this rancher has paid for his privilege tions as the Secretary considers just to con- of public hearings. to graze on public land and what he is clude and implement agreements with the In the 99th Congress, hearings were being paid to relocate his grazing oper- permittees— held in both the House and Senate on ation sets a dangerous precedent that Of course, there is only one— Legislation authorizing the withdrawal should alarm the American taxpayer to provide appropriate consideration.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7075 I have not practiced law in a number Mr. REID. I yield back the time of The legislative clerk proceeded to of years. I am a lawyer, and I know the Senator from Nevada. call the roll. consideration means compensation. Mr. KEMPTHORNE. I yield back my Mr. DODD. Mr. President, I ask unan- That is what the bill says. time, and I move to table the Reid imous consent that the order for the I talked about the Air Force really amendment and ask for the yeas and quorum call be rescinded. having quite an appetite. They have nays. The PRESIDING OFFICER. Without about 50 percent of the land in the The PRESIDING OFFICER. Is there a objection, it is so ordered. State of Nevada. Here is what they sufficient second? Mr. DODD. Mr. President, I ask unan- have in the State of Utah, which is 175 There appears to be a sufficient sec- imous consent to speak as in morning miles from Mountain Home. How long ond. business. does it take those jets to go 175 miles? The yeas and nays were ordered. The PRESIDING OFFICER. Without You can figure it out. Not very long. The PRESIDING OFFICER. The vote objection, it is so ordered. Ten minutes? Fifteen minutes? Half will be postponed. Mr. DODD. I thank my colleagues, hour? The north range is about 175 Mr. KEMPTHORNE. Mr. President, I the distinguished Senator from South miles from Mountain Home and con- ask unanimous consent that the votes Carolina and the Senator from Michi- sists of 350,000 acres of land for exclu- ordered with respect to the pending gan. And I realize they are waiting for sive DOD use. They are begging for amendments be stacked to occur at 4:30 a couple of amendments to come over business. They want Mountain Home to p.m. I further ask that the first vote and be dealt with on this bill. So as come and fly there. It has all kinds of occur on, or in relation to, the Murray- soon as I see someone walk in with an great craters and a helicopter air-to- Snowe amendment, followed by a vote amendment, I will truncate these re- ground complex. It has everything they on, or in relation to, the Reid amend- marks so as not to interrupt. I know need for this composite wing in Utah. ment, which is a motion to table, with they have the important business of They have Nellis, a large base. I say 4 minutes for debate equally divided the Department of Defense authoriza- to my friend from Idaho, the senior prior to each vote. tion bill. Senator, the Nellis Air Force Base The PRESIDING OFFICER. Without (The remarks of Mr. DODD pertaining range is one of the best in the world, if objection, it is so ordered. to the introduction of S.2224 are lo- not the best, but Nellis Air Force Base Mr. KEMPTHORNE. Mr. President, I cated in today’s RECORD under ‘‘State- is right in the middle of town. It is not suggest the absence of a quorum. ments on Introduced Bills and Joint rural Nevada. It is right in the middle The PRESIDING OFFICER. The Resolutions.’’) of Las Vegas. You can fly from there clerk will call the roll. Mrs. MURRAY addressed the Chair. over the great range. They can go over The legislative clerk proceeded to The PRESIDING OFFICER (Mr. GOR- to Fallon, a great training facility call the roll. TON). The Senator from Washington is which they use all the time. Mr. KEMPTHORNE. Mr. President, I recognized. The extension of this base is unneces- ask unanimous consent that the order AMENDMENT NO. 2794 sary. Based upon the statements made for the quorum call be rescinded. Mrs. MURRAY. Mr. President, I rise by Commanding General Ken Peck who The PRESIDING OFFICER. Without to speak in favor of amendment No. is, remember, the commander of the objection, it is so ordered. 2794, the amendment we will be voting 336th: ‘‘We are the most capable com- Mr. KEMPTHORNE. Mr. President, I on. I understand I have 2 minutes and bat unit anywhere in the world right make this inquiry of the Senator from the opposing side will have 2 minutes; now.’’ It doesn’t mean after they get Nevada. In looking at his legislation is that correct? these additional acres. It means they and reading it, he states in section ‘‘(f) The PRESIDING OFFICER. That is are the most efficient, the most capa- Repeal of Superseded Authority.—Sec- correct. ble combat unit anywhere in the world tion 2205 of the Military Construction Mrs. MURRAY. Mr. President, I urge right now. Authorization Act for Fiscal Year 1997 my colleagues to vote in favor of the I say to my colleagues, this legisla- is repealed.’’ Murray-Snowe amendment. This is a tion is important. This amendment is My question is with regard to ‘‘fiscal very simple amendment that restores important. This is what the taxpayers year 1997,’’ since that is the previous the right of our women and family put us here to do: to save money. By year, if, in fact, this should read ‘‘fiscal members who serve overseas in the voting yes on this amendment—no on year 1999.’’ If there is a need to make a military to have access to health care the motion to table—you will be saving correction here, I have no objection, services to which they ought to have this Government $32 million to begin because I don’t want to have any par- access. with, and allowing in the future the liamentary excuse used. I would like to Current law in the DOD bill says that necessary consideration to go forward have a fair vote here. So, again, I make a woman who would like to have health as to whether or not this base should this inquiry as to whether or not this care services relating to an abortion be closed. This is fair to the Native should be 1997, or in fact should be 1999, would have to ask for permission from Americans who have been ignored in her commanding officer to have the this process. It is fair to the taxpayers, or in fact the year 2000. Mr. REID. I say to my friend from military pay for her transport home to and certainly fair to the environment the United States in order to get and the people who support the envi- Idaho, this is right out of the bill. The ronment. This is a vote that will be bill says, ‘‘1997,’’ so maybe we should health care services. This amendment scored by a number of environmental take a look. There might be something simply allows that woman to pay for— organizations, as well it should be. wrong with the bill, because the bill out of her own pocket, not at our ex- This is an important environmental says, ‘‘1997.’’ pense—that service in a military hos- vote. It is an environmental vote, I Mr. KEMPTHORNE. Again, Mr. pital where she is serving overseas. think, for setting the tone for this Con- President, I appreciate that. We noted Mr. President, this amendment is a gress. that. We wanted to make sure there safety issue for our women and families I say to the manager of the bill, I was nothing to stand in the way of us of personnel who serve overseas. Dur- don’t know if my two friends from having a vote on this issue before us. ing the course of the debate, I talked Idaho have more to say. Otherwise, I Mr. REID. So, Mr. President, I say to about a letter written to me by a will be happy to yield back time. my friend from Idaho, if there is some- woman who was serving in Japan who Mr. KEMPTHORNE addressed the thing wrong, it is because the original had to go to a hospital in Japan where Chair. text is wrong. We will take a look at they did not speak English. She did not The PRESIDING OFFICER. The Sen- that before the vote. If it needs to be know what kind of medication she was ator from Idaho. corrected, we will stipulate that. receiving. Her health care was at risk. Mr. KEMPTHORNE. I believe we Mr. KEMPTHORNE. With that, Mr. She wrote to us seriously questioning have made our case. We have had a President, I suggest the absence of a whether she would remain in the mili- good debate. We are ready to yield quorum. tary after being treated like this. back our time. At the appropriate The PRESIDING OFFICER. The This is a service that is legal here in time, I will move to table. clerk will call the roll. the United States. Women who serve in

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7076 CONGRESSIONAL RECORD — SENATE June 25, 1998 the military and families of military NOT VOTING—7 position of this bill. The Chair asks personnel should have equal access. We Akaka Hutchinson Specter that those conversations be taken from are not asking for any taxpayer ex- Baucus Rockefeller the well so everybody can hear the pense. We are simply allowing women Glenn Roth Senator from Idaho. who serve in the military, or families The amendment (No. 2794) was re- The Senator from Idaho is recognized of those who serve in the military, to jected. for 2 minutes. pay for abortion-related services out of Mr. THURMOND. Mr. President, I Mr. KEMPTHORNE. Mr. President, their own pocket, in a safe military move to reconsider the vote. this project is a project of the U.S. Air hospital overseas. Mr. WARNER. I move to lay that mo- Force. It is supported by the President Mr. President, I urge adoption of this tion on the table. of the United States, Secretary of the amendment, and I thank Senator The motion to lay on the table was Interior, the Director of BLM, Katie SNOWE for her continued help on this agreed to. McGinty, Counsel for Environmental issue. AMENDMENT NO. 3009 Quality to the President. Here is the The PRESIDING OFFICER. There The PRESIDING OFFICER. The Sen- 21⁄2-year process, the environmental im- are 2 minutes in opposition to the ate will be in order. Under the previous pact statement. amendment. order, there is 4 minutes of debate I hope Senators had an opportunity Mr. THURMOND. Mr. President, I equally divided on the Reid amend- to listen to the debate we had earlier. yield back our time. ment, No. 3009. However, that 4 min- We were able to refute everything said The PRESIDING OFFICER. All time utes will not commence until the Sen- by the Senator from Nevada. I urge everyone to vote to table this has been yielded back. ate is in order. motion. The question is on agreeing to The Senator from Nevada. Mr. REID. Mr. President, this is an I yield the remaining time to the amendment No. 2794. chairman of the Environment and Pub- The yeas and nays have been ordered. amendment sponsored by Senators REID, BRYAN, INOUYE, WYDEN, KERREY lic Works Committee, Senator CHAFEE. The clerk will call the roll. of Nebraska, DURBIN, MURRAY and Mr. CHAFEE. Mr. President, I sup- The legislative clerk called the roll. FEINGOLD. port Senator KEMPTHORNE and will Mr. NICKLES. I announce that the What this is all about is inserted in vote to table the Reid amendment. Senator from Delaware (Mr. ROTH) is this bill is something called BRAC in- Senator KEMPTHORNE’s provision will necessarily absent. surance to prevent the Mountain Home protect the environment while pro- I further announce that the Senator Air Base from in the future being viding the Air Wing at Mountain Home from Arkansas (Mr. HUTCHINSON) is ab- closed. That is all this is. Air Force Base with more realistic sent due to death in the family. It will cost the Government $32 mil- training facilities. I also announce that the Senator lion unnecessarily. You compensate a Please note this: The administration from Pennsylvania (Mr. SPECTER) is ab- rancher for the first time in the his- supports the compromise in the bill. In sent because of illness. tory of this country for having a privi- fact, the administration wrote the lan- I further announce that, if present lege. The Government is paying some- guage offered by Senator KEMPTHORNE. and voting, the Senator from Arkansas body for using our land, in effect. Envi- Secretary Babbitt and Secretary Cohen (Mr. HUTCHINSON) would vote no. ronmentally, every group in America is have both sent letters of support, as Mr. FORD. I announce that the Sen- opposed to what is in this bill that we has the Acting Secretary of the Air ator from Hawaii (Mr. AKAKA), the Sen- are attempting to take out. Force. ator from Montana (Mr. BAUCUS), the The Indians’ rights have been The compromise language ensures Senator from Ohio (Mr. GLENN), and stomped upon. There are environ- that our environmental laws will fully the Senator from West Virginia (Mr. mental impact statements out there— apply to Air Force activities at the Ju- ROCKEFELLER) are necessarily absent. 86 percent of the respondents were op- niper Butte Range. This includes the The PRESIDING OFFICER. Are there posed to this. Every newspaper in the National Environmental Policy Act any other Senators in the Chamber de- State of Idaho is opposed to what they and the Endangered Species Act. The concessions made by the Air siring to vote? are trying to accomplish; Oregon, Ne- Force with respect to airspace flight The result was announced—yeas 44, vada is against it. This is something restrictions near the range will reduce nays 49, as follows: that is unnecessary. It is a range of the noise in the canyon. Instead of [Rollcall Vote No. 176 Leg.] convenience. flights at 100 feet at any time, the YEAS—44 I read from the Idaho Statesman newspaper: flights are now restricted to 3 days per Biden Feinstein Levin week and this raises the minimum alti- Bingaman Gorton Lieberman So the question is: Should taxpayers spend Boxer Graham Mikulski $30 million to build another range and risk tudes from 100 feet to 1000 feet or 5,000 Bryan Harkin Moseley-Braun losing more high desert wilderness so the Air feet depending on the flight angle to Bumpers Hollings Moynihan the canyon. Byrd Inouye Force can save a few million in fuel, mainte- Murray nance and operations costs for training out The Kempthorne amendment provi- Chafee Jeffords Reed of the state? sion protects the environment and na- Cleland Johnson Robb Collins Kennedy Sarbanes The answer is no. It’s not an acceptable tional security. I urge my colleagues to Conrad Kerrey Snowe trade-off. The area is far more valuable for support Senator KEMPTHORNE. Daschle Kerry Stevens its natural resources—especially since the The PRESIDING OFFICER. The Dodd Kohl Air Force has shown its range proposal to be Dorgan Landrieu Torricelli question now occurs on the motion to only convenient, rather than undeniably es- Durbin Lautenberg Wellstone table Amendment No. 3009, offered by Wyden sential for national security or pilot safety. Feingold Leahy the Senator from Nevada. The yeas and NAYS—49 To show how unnecessary this is, I nays have been ordered. refer to General Ken Peck, the com- Abraham Faircloth McCain The clerk will call the roll. Allard Ford McConnell mander of the 366th Wing, which is this The legislative clerk called the roll. Ashcroft Frist Murkowski Mountain Home Air Base commander. Mr. NICKLES. I announce that the Bennett Gramm Nickles ‘‘We are the most combat-capable unit Senator from Delaware (Mr. ROTH) is Bond Grams Reid anywhere in the world right now.’’ Breaux Grassley necessarily absent. Roberts This is not needed. I ask my col- Brownback Gregg Santorum I further announce that the Senator Burns Hagel Sessions leagues to oppose this motion to table from Arkansas (Mr. HUTCHINSON) is ab- Campbell Hatch Shelby for the taxpayers of this country. sent due to a death in the family. Coats Helms Smith (NH) Cochran Hutchison The PRESIDING OFFICER (Mr. I also announce that the Senator Smith (OR) Coverdell Inhofe COATS). Under the previous order, the from Pennsylvania (Mr. SPECTER) is ab- Craig Kempthorne Thomas Senator from Idaho is recognized. The Thompson sent because of illness. D’Amato Kyl Presiding Officer is aware that there Mr. FORD. I announce that the Sen- DeWine Lott Thurmond Domenici Lugar Warner are important conversations and nego- ator from Hawaii (Mr. AKAKA), the Sen- Enzi Mack tiations underway relative to the dis- ator from Montana (Mr. BAUCUS), the

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7077 Senator from Ohio (Mr. GLENN), and Fiscal Year 1999, the administration The administration cannot expect ei- the Senator from West Virginia (Mr. will have budgeted an estimated $9.4 ther Congress or the taxpayers to plow ROCKEFELLER) are necessarily absent. billion for our participation in the Bos- billions of dollars every year into pro- The result was announced—yeas 49, nia Stabilization Force since the com- tracted peacekeeping exercises. Our nays 44, as follows: pletion of the Dayton peace accords. Bosnian experience teaches us that we [Rollcall Vote No. 177 Leg.] But it has never offered us a com- will achieve clarity of goals and ac- YEAS—49 prehensive readiness and mission as- countability in financing if the Presi- sessment of U.S. Contingency Oper- Abraham Faircloth McCain dent develops a strategy before he sub- Allard Frist McConnell ations (CONOPS) policy to justify the mits a funding request, not as he asks Ashcroft Gorton Murkowski expenditure of these funds. for more to do what remains unclear. Bond Gramm Nickles Our amendment, therefore, mandates Ironically, this amendment stipu- Brownback Grams Roberts a dual report on the ‘‘clear and distinct Burns Grassley lates what the administration once de- Santorum objectives’’ that ‘‘guide the activities Campbell Gregg Sessions clared as its own strategy. Presidential Chafee Hagel Shelby of United States forces’’ as well as the Decision Directive 25 of May 1994 out- Coats Helms Smith (NH) proposal of an approximate date, or set lined the scope and purpose of the ad- Cochran Hutchison Snowe Collins Inhofe of conditions, ‘‘that defines the end- ministration’s contingency operations Stevens Coverdell Jeffords point’’ of a contingency operation. policy. It promised the application of Thomas Craig Kempthorne Congress, Mr. President, needs more strict standards to determine whether D’Amato Kyl Thompson constructive guidance in advance from DeWine Lott Thurmond the U.S. should participate in any over- Domenici Lugar Warner the administration as the era of peace- seas peace operation. The reporting Enzi Mack keeping claims billions of dollars in categories specified by my amendment funding that might otherwise go to NAYS—44 intentionally overlap with the Presi- core readiness and modernization pro- dent’s directive. PDD–25 specifically Bennett Feinstein Levin grams. Biden Ford declared that potential CONOPS com- Lieberman Approximately 47,880 American sol- Bingaman Graham Mikulski mitments would depend on ‘‘clear ob- Boxer Harkin Moseley-Braun diers have undertaken 14 international jectives’’ and an identifiable ‘‘end- Breaux Hatch Moynihan contingency operations between 1991 point.’’ Bryan Hollings Murray and 1998. As a result, we need to match Bumpers Inouye As the new century unfolds, the need Reed the administration’s policy arguments Byrd Johnson Reid for a rational peacekeeping policy, as Cleland Kennedy Robb with its budget demands to determine Conrad Kerrey promised by PDD–25, will only grow. Sarbanes if the Pentagon has a clear peace- Daschle Kerry The May 1997 Quadrennial Defense Re- Smith (OR) keeping strategy that reflects the Dodd Kohl view concluded that ‘‘the demand for Torricelli major security interests of the United Dorgan Landrieu smaller-scale contingency operations is Durbin Lautenberg Wellstone States and its allies. Wyden expected to remain high over the next Feingold Leahy We did not have the benefit of this 15 to 20 years’’ while also acknowl- NOT VOTING—7 policy blueprint the first time that Congress approved Bosnia mission edging that peacekeeping commit- Akaka Hutchinson Specter ments could cause a ‘‘chronic erosion’’ Baucus Rockefeller funding to monitor the Dayton peace Glenn Roth accords with the FY96 budget. One year of procurement funding. At the same time, the National De- later, when the incremental cost of the The motion to lay on the table the fense Panel, created by Congress to re- Bosnia operation totaled $2.28 billion, amendment (No. 3009) was agreed to. view the guidelines of the QDR, ana- Mr. KEMPTHORNE. I move to recon- we still had no mission guidance. For FY98, the House and Senate ap- lyzed the Pentagon’s peacekeeping pol- sider the vote. icy as one that forces troops ‘‘too often Mr. REID. I move to lay that motion propriated two packages of $1.5 billion and $490 million a few months after a and too quickly’’ into disputes of a on the table. purely political or diplomatic char- The motion to lay on the table was Presidential press conference that acter. agreed to. made our commitment in the Balkans open-ended. This year, the Armed Services Com- CONTINGENCY OPERATIONS And in FY99, Mr. President, the mittee received Navy and Air Force Ms. SNOWE. Mr. President, on behalf White House would not even label its Posture Statements that contained of myself and the distinguished Sen- Bosnia funding request. It chose in- warnings of negative readiness impacts ator from Georgia, I offered an amend- stead to place $1.86 billion in an ambig- from long contingency deployments. ment incorporated into this bill requir- uous ‘‘emergency operations’’ category Navy Secretary Dalton specifically ing the President to explain to Con- and forced the Senate Armed Services cited the ‘‘requirements of the Unified gress the goals and potential endpoint Committee to move this sum into the Commands’’—those that participate of any military contingency operation defense budget. heavily in peacekeeping missions—as involving more than 500 troops. Our When the Committee took this ac- effecting the readiness of non-deployed provision furthermore mandates this tion last month, we did not know, after fleet units. report whenever the administration almost a three-year deployment, the The number of Air Force personnel submits a budget request for the oper- conditions that would set the stage for dedicated to contingency operations ation. an orderly force withdrawal. grew fourfold since 1989 to 14,600 by During its June 9th Executive Ses- We did not know whether adequate FR97. ‘‘Caution indicators,’’ as the re- sion, the Armed Services Committee stability had been achieved so that dip- port summarized it, have emerged in unanimously approved this amend- lomats and community leaders could the areas of retention, reenlistment, ment, and I am grateful for the elo- build self-sustaining civic institutions. and depleted inventories of spare parts. quent expressions of support made by We did not know why the administra- In addition, by October 1999, the Senators THURMOND and LEVIN. tion extended the time frame of our de- Army, the most peacekeeping intensive The Snowe-Cleland amendment, Mr. ployment three times since November of the Services, could lack the heavy President, received the Committee’s 1995. armored divisions designed for rapid broad endorsement regardless of our And we did not know, Mr. President, deployment to crisis areas. Two of the differences over the scope and purpose for how long and to what end the White divisions that train full time for this of U.S. contingency operations because House planned to keep rotating thou- mission may have one-third of their Senators from both parties agree that sands of Service people in and out of troops on duty in Bosnia or Kuwait. the administration must express its the Bosnian vortex. In FY94, the Army had 541,000 active mission objectives in tandem with a Were our troops creating a Bosnian duty soldiers and no commitments in funding request. security environment for political rec- Bosnia, and the Armed Services Com- The President, however, has ignored onciliation, or digging deeper into a mittee considered this level the min- this obligation in seeking funds to sus- country with a peace agreement that imum necessary for effective crisis re- tain our units in Bosnia. By the end of everyone signed but no one accepted? sponse. Yet today, the Army faces the

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S7078 CONGRESSIONAL RECORD — SENATE June 25, 1998 challenge of preparing for two Major We must act upon these warning sig- mandate a contingency operations pol- Theater Wars, at a reduced force nals from military leaders, Mr. Presi- icy rationale with a contingency oper- strength of 491,000, and with a deploy- dent, by aligning the law with the new ations budget request. I therefore com- ment in Bosnia. requirements placed on our war fight- mend the Senate for adopting the ers. It only makes common sense to Snowe-Cleland amendment.

N O T I C E Incomplete record of Senate proceedings. Except for concluding business which follows, today’s Senate proceedings will be continued in the next issue of the Record.

COL. TERRY L. GABRESKI, 0000. ORDERS FOR FRIDAY, JUNE 26, 1998 upon the table. I further ask that any COL. JONATHAN S. GRATION, 0000. Mr. BURNS. Mr. President, I ask statements related to the bill appear at COL. MICHAEL A. HAMEL, 0000. this point in the RECORD. COL. WILLIAM F. HODGKINS, 0000. unanimous consent that when the Sen- COL. JOHN L. HUDSON, 0000. The PRESIDING OFFICER. Without COL. DAVID L. JOHNSON, 0000. ate completes its business today it COL. WALTER I. JONES, 0000. stand in adjournment until 9:30 a.m. on objection, it is so ordered. COL. DANIEL P. LEAF, 0000. The bill (H.R. 1635) was considered COL. PAUL J. LEBRAS, 0000. Friday, June 26. COL. RICHARD B. H. LEWIS, 0000. I further ask that on Friday, imme- read the third time and passed. COL. STEPHEN P. LUEBBERT, 0000. COL. DALE W. MEYERROSE, 0000. diately following the prayer, the rou- f COL. DAVID L. MOODY, 0000. COL. QUENTIN L. PETERSON, 0000. tine requests through the morning ADJOURNMENT UNTIL 9:30 A.M. hour be granted, and that the Senate COL. DOUGLAS J. RICHARDSON, 0000. TOMORROW COL. BEN T. ROBINSON, 0000. then begin a period of morning busi- COL. JOHN W. ROSA, JR., 0000. Mr. BURNS. Mr. President, if there is COL. JAMES G. ROUDEBUSH, 0000. ness until 10:10 a.m. with Senators per- COL. RONALD F. SAMS, 0000. mitted to speak for up to 5 minutes no further business to come before the COL. STANLEY A. SIEG, 0000. COL. JAMES B. SMITH, 0000. each with the following exceptions: Senate, I ask unanimous consent that COL. JOSEPH B. SOVEY, 0000. Senator DEWINE, for 10 minutes; Sen- the Senate stand in adjournment under COL. LAWRENCE H. STEVENSON, 0000. COL. ROBERT P. SUMMERS, 0000. ator HATCH for 10 minutes; Senator the previous order. COL. PETER U. SUTTON, 0000. GRAMS of Minnesota for 10 minutes; There being no objection, the Senate, COL. DONALD J. WETEKAM, 0000. COL. WILLIAM M. WILSON, JR., 0000. and, Senator DORGAN, or designee, for at 11:28 p.m., adjourned until Friday, June 26, 1998, at 9:30 a.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 10 minutes. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- The PRESIDING OFFICER. Without f CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE objection, it is so ordered. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION NOMINATION 601: f To be general Executive nomination received by LT. GEN. CHARLES T. ROBERTSON, JR., 0000. PROGRAM the Senate June 25, 1998: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. BURNS. Mr. President, for the THE JUDICIARY IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE information of all Senators, when the DAVID O. CARTER, OF CALIFORNIA, TO BE UNITED AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT Senate reconvenes tomorrow at 9:30 601: OF CALIFORNIA, VICE WILLIAM J. REA, RETIRED. a.m., there will be a period for morning To be lieutenant general f business until 10:10 a.m. Following MAJ. GEN. WALTER S. HOGLE, JR., 0000. morning business, the Senate will pro- CONFIRMATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ceed to executive session to consider IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- judicial nominations. It is, therefore, Executive Nominations Confirmed by CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE the Senate June 25, 1998: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION expected that up to two votes will 601: occur on nominations at approximately DEPARTMENT OF ENERGY To be lieutenant general MARY ANNE SULLIVAN, OF THE DISTRICT OF COLUM- 10:15 a.m. tomorrow. MAJ. GEN. JOHN L. WOODWARD, JR., 0000. BIA, TO BE GENERAL COUNSEL OF THE DEPARTMENT OF Following those votes, the Senate ENERGY. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT may consider any of the following DEPARTMENT OF THE INTERIOR IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- items: the drug czar reauthorization CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DONALD J. BARRY, OF WISCONSIN, TO BE ASSISTANT AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION bill, the clean needles bill, the reading SECRETARY FOR FISH AND WILDLIFE. 601: excellence legislation, legislative THE ABOVE NOMINATIONS WERE APPROVED SUBJECT To be lieutenant general TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- branch appropriations bill, and any QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY MAJ. GEN. GREGORY S. MARTIN, 0000. other legislative or executive items CONSTITUTED COMMITTEE OF THE SENATE. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REFORM BOARD (AMTRAK) IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- that may be cleared for action. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Once again, Members are reminded MICHAEL S. DUKAKIS, OF MASSACHUSETTS, TO BE A AND RESPONSIBILITY UNDER TITLE 10 U.S.C., SECTION there will be rollcall votes during Fri- MEMBER OF THE REFORM BOARD (AMTRAK) FOR A TERM 601: OF FIVE YEARS. To be lieutenant general day’s session of the Senate, with the JOHN ROBERT SMITH, OF MISSISSIPPI, TO BE A MEM- BER OF THE REFORM BOARD (AMTRAK) FOR A TERM OF LT. GEN. JOHN B. SAMS, JR., 0000. first vote expected approximately 10:15 FIVE YEARS. a.m. TOMMY G. THOMPSON, OF WISCONSIN, TO BE A MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BER OF THE REFORM BOARD (AMTRAK) FOR A TERM OF IN THE UNITED STATES AIR FORCE AS DEAN OF FAC- f FIVE YEARS. ULTY, UNITED STATES AIR FORCE ACADEMY, A POSI- TION ESTABLISHED UNDER TITLE 10, UNITED STATES NATIONAL UNDERGROUND RAIL- IN THE AIR FORCE CODE, SECTION 9335, AND FOR APPOINTMENT TO THE ROAD NETWORK TO FREEDOM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GRADE INDICATED IN ACCORDANCE WITH ARTICLE II, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- SECTION 2 OF THE CONSTITUTION OF THE UNITED PROGRAM CATED UNDER TITLE 10, U.S.C., SECTION 624: STATES: Mr. BURNS. Mr. President, I ask To be brigadier general To be brigadier general COL. DAVID A. WAGIE, 0000. unanimous consent that the Energy COL. RUSSELL J. ANARDE, 0000. Committee be discharged from further COL. ANTHONY W. BELL, 0000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. ROBERT DAMON BISHOP, JR., 0000. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- consideration of H.R. 1635, a bill to es- COL. MARION E. CALLENDER, JR., 0000. CATED UNDER TITLE 10, U.S.C., SECTION 624: tablish the National Underground Rail- COL. KEVIN P. CHILTON, 0000. COL. TRUDY H. CLARK, 0000. To be major general road Network to Freedom Program; COL. RICHARD L. COMER, 0000. BRIG. GEN. KENNETH W. HESS, 0000. further, that the Senate proceed to its COL. CRAIG R. COONING, 0000. COL. JOHN D.W. CORLEY, 0000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT immediate consideration, the bill be COL. DAVID A. DEPTULA, 0000. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- considered read the third time, passed, COL. GARY R. DYLEWSKI, 0000. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COL. EDWARD R. ELLIS, 0000. AND RESPONSIBILITY UNDER TITLED 10, U.S.C., SECTION and the motion to reconsider be laid COL. LEONARD D. FOX, 0000. 601:

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 9801 E:\1998SENATE\S25JN8.REC S25JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 25, 1998 CONGRESSIONAL RECORD — SENATE S7079 To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING HERBERT P. FRITTS, IN THE UNITED STATES NAVY TO THE GRADE INDICATED AND ENDING WILLIE H. OGLESBY, JR., WHICH NOMINA- MAJ. GEN. THOMAS J. KECK, 0000. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TIONS WERE RECEIVED BY THE SENATE AND APPEARED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE CONGRESSIONAL RECORD ON MAY 15, 1998. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING GARY J. DUNN, AND IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be admiral ENDING MICHAEL C. SULLIVAN, WHICH NOMINATIONS CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE VICE ADM. RICHARD W. MIES, 0000. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MAY 22, 1998. 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING LARRY P. ADAMS IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be lieutenant general THOMPSON, AND ENDING DOUGLAS R WOOTTEN, WHICH WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MAJ. GEN. MARVIN R. ESMOND, 0000. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 22, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be vice admiral 1998. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ARMY NOMINATIONS BEGINNING ISAAC V. GUSUKUMA, REAR ADM. CHARLES W. MOORE, JR., 0000. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ENDING JAMES I. PYLANT, WHICH NOMINATIONS AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED CONGRESSIONAL RECORD ON JUNE 9, 1998. To be general WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATIONS BEGINNING MICHAEL D. CORSON, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND ENDING KENNETH H. NEWTON, WHICH NOMINATIONS GEN. RICHARD B. MYERS, 0000. To be vice admiral WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JUNE 9, 1998. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICE ADM. ROBERT J. NATTER, 0000. ARMY NOMINATION OF *TIMOTHY C. BEAULIEN, WHICH IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WAS RECEIVED IN THE SENATE AND APPEARED IN THE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONGRESSIONAL RECORD OF JUNE 9, 1998. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING *JAMES E. RAGAN, 601: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AND ENDING *JOHN H. CHILES, WHICH NOMINATIONS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be general WERE RECEIVED BY THE SENATE AND APPEARED IN THE To be vice admiral CONGRESSIONAL RECORD ON JUNE 9, 1998. LT. GEN. PATRICK K. GAMBLE, 0000. VICE ADM. THOMAS B. FARGO, 0000. IN THE ARMY IN THE MARINE CORPS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED MARINE CORPS NOMINATION OF LONNY R. HADDOX, IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHICH WAS RECEIVED IN THE SENATE AND APPEARED UNDER TITLE 10, U.S.C., SECTION 624: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE CONGRESSIONAL RECORD OF MAY 22, 1998. To be major general MARINE CORPS NOMINATIONS BEGINNING STEVEN P. To be vice admiral MARTINSON, AND ENDING BRENT A. SMITH, WHICH NOMI- JOHN P. ABIZAID, 0000. REAR ADM. WALTER F. DORAN, 0000. NATIONS WERE RECEIVED BY THE SENATE AND AP- JOSEPH W. ARBUCKLE, 0000. PEARED IN THE CONGRESSIONAL RECORD ON MAY 22, BARRY D. BATES, 0000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 1998. WILLIAM G. BOYKIN, 0000. IN THE UNITED STATES NAVY TO THE GRADE INDICATED MARINE CORPS NOMINATIONS BEGINNING WILLIAM M. CHARLES C. CAMPBELL, 0000. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AUKERMAN, AND ENDING DAYLE L. WRIGHT, WHICH JAMES L. CAMPBELL, 0000. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- GEORGE W. CASEY, JR., 0000. To be vice admiral PEARED IN THE CONGRESSIONAL RECORD ON JUNE 9, DEAN W. CASH, 0000. 1998. DENNIS D. CAVIN, 0000. VICE ADM. ARTHUR K. CEBROWSKI, 0000. JOSEPH M. COSUMANO, JR., 0000. PETER M. CUVIELLO, 0000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE NAVY ROBERT F. DEES, 0000. IN THE UNITED STATES NAVY TO THE GRADE INDICATED NAVY NOMINATION OF TIMOTHY W. ZELLER, WHICH JOHN C. DOESBURG, 0000. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WAS RECEIVED BY THE SENATE AND APPEARED IN THE JAMES E. DONALD, 0000. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CONGRESSIONAL RECORD OF SEPTEMBER 18, 1997. BENJAMIN S. GRIFFIN, 0000. To be vice admiral NAVY NOMINATIONS BEGINNING DANIEL A. ACTON, DENNIS K. JACKSON, 0000. AND ENDING ERIC R. ZUMWALT, WHICH NOMINATIONS JAMES T. JACKSON, 0000. REAR ADM. DENNIS V. MCGINN, 1807. WERE RECEIVED BY THE SENATE AND APPEARED IN THE WILLIAM J. LENNOX, JR., 0000. CONGRESSIONAL RECORD ON APRIL 29, 1998. ALBERT J. MADORA, 0000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NAVY NOMINATION OF MASAKO HASEBE, WHICH WAS DAVID D. MC KIERNAN, 8864. IN THE UNITED STATES NAVY TO THE GRADE INDICATED RECEIVED BY THE SENATE AND APPEARED IN THE CON- GEOFFREY D. MILLER, 0000. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND GRESSIONAL RECORD OF MAY 15, 1998. WILLIE B. NANCE, JR., 0000. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NAVY NOMINATIONS BEGINNING RICHARD B. ALSOP, ROBERT W. NOONAN, JR., 0000. To be vice admiral KENNETH L. PRIVRATSKY, 0000. AND ENDING THEODORE A. ZOBEL, WHICH NOMINATIONS HAWTHORNE L. PROCTOR, 0000. REAR ADM. DANIEL J. MURPHY, JR., 0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE ROBERT J. ST. ONGE, JR., 0000. CONGRESSIONAL RECORD ON MAY 15, 1998. ROBERT L. VAN ANTWERP, JR., 0000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NAVY NOMINATIONS BEGINNING JASON T. BALTIMORE, DANIEL R. ZANINI, 0000. IN THE UNITED STATES NAVY TO THE GRADE INDICATED AND ENDING DANIEL P. SHANAHAN, WHICH NOMINA- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE CONGRESSIONAL RECORD ON MAY 22, 1998. IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be vice admiral NAVY NOMINATIONS BEGINNING DAVID L. GROCHMAL, UNDER TITLE 10, U.S.C., SECTION 624: AND ENDING JOEL D. NEWMAN, WHICH NOMINATIONS To be major general VICE ADM. JAMES O. ELLIS, JR., 0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE AIR FORCE CONGRESSIONAL RECORD ON MAY 22, 1998. BRIG. GEN. EVAN R. GADDIS, 0000. NAVY NOMINATIONS BEGINNING RONALD W. BRIG. GEN. ALFRED A. VALENZUELA, 0000. AIR FORCE NOMINATIONS BEGINNING WILLIAM E. HARGRAVES, AND ENDING JANICE L. WALLI, WHICH IN THE NAVY DICKERSON, AND ENDING WILLIAM E. NELSON, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 22, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON MAY 15, 1998. AS CHIEF OF THE BUREAU OF MEDICINE AND SURGERY 1998. NAVY NOMINATION OF STEPHEN E. PALMER, WHICH AND SURGEON GENERAL AND FOR APPOINTMENT TO THE IN THE ARMY WAS RECEIVED BY THE SENATE AND APPEARED IN THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 601 CONGRESSIONAL RECORD OF MAY 22, 1998. AND 5137: ARMY NOMINATIONS BEGINNING SUE H. ABREU, AND NAVY NOMINATIONS BEGINNING GARY L. MURDOCK, To be vice admiral ENDING DARYL N. ZEIGLER, WHICH NOMINATIONS WERE AND ENDING BRIAN G. WILSON, WHICH NOMINATIONS RECEIVED BY THE SENATE AND APPEARED IN THE CON- WERE RECEIVED BY THE SENATE AND APPEARED IN THE REAR ADM. RICHARD A. NELSON, 0000. GRESSIONAL RECORD ON JANUARY 29, 1998. CONGRESSIONAL RECORD ON MAY 22, 1998.

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HONORING INDUCTEES INTO THE reer at Andrean High School. He also worked award in 1967, the Fighting Irish's Defensive INDIANA FOOTBALL HALL OF for Saints Peter and Paul School for thirty Lineman of the Year in 1968, and played in FAME years until his retirement in 1981. Andy still the East-West and All-American Bowls. Bob volunteers his time at Andrean High School. played for 15 years in the NFL with the Miami HON. PETER J. VISCLOSKY He and his wife of fifty-four years, Margaret, Dolphins. With the Dolphins, Bob played in OF INDIANA reside in Merrillville. five Super Bowls and earned his place on six different Pro Bowl teams. His accomplish- IN THE HOUSE OF REPRESENTATIVES Stewart Mattix is another Hobart High School graduate to be inducted into this year's ments qualify him as one of the most versatile, Wednesday, June 24, 1998 Indiana Football Hall of Fame class. Stew effective, and durable offensive linemen Mr. VISCLOSKY. Mr. Speaker, it is my dis- earned two varsity letters before graduating in throughout the NFL's history. Bob currently tinct honor to congratulate the following indi- 1949. He went on to Ball State University, lives in Miramar, Florida, where he is the CEO viduals for their induction into the Indiana where he earned a Bachelor of Science in El- of Kuechenberg Marketing. Football Hall of Fame: Ted Karras, Sr., of ementary Education in 1954. Before retiring in Irv Cross, a familiar face on CBS Tele- Gary, Indiana; Andy Kirk, of Merrillville, Indi- 1992, Stew was a teacher, an elementary vision's ``The NFL Today'' show on Sunday ana; Stewart Mattix, of Hobart, Indiana; principal, and an assistant superintendent. In afternoons from 1975±1990, is a 1957 Ham- Charles Stainer, of Valparaiso, Indiana; Harold 1958, he took over the field announcing duties mond High School graduate. He earned high Atterberry, of Morgan Township, Indiana; for his high school team, the Hobart Brickies. distinction as the Calumet Region Times' Ath- George Hall, of Kentucky; Bob Kuechenberg, For 34 years, the voice of Stew Mattix was lete of the Year for his outstanding accom- plishments in football, basketball, and track. of Florida; and Irv Cross, of Idaho. These heard all around the Brickie Bowl, as well as Irv went on to star at Northwestern University eight outstanding sportsmen were inducted as during practices he attended. Stew still resides as an offensive and defensive end, as well as members of the 1998 Indiana Football Hall of in Hobart with his wife, Connie. a fullback. He was named Northwestern's Ath- Fame class on Sunday, May 31, 1998. Gary native Charles Stanier attended Hor- lete of the Year, and went on to play for the Since its founding in 1973, the Indiana Foot- ace Mann School from kindergarten through Philadelphia Eagles. After retiring as an active ball Hall of Fame has been honoring promi- his final year as a senior. He graduated in player he became a coach. He then followed nent coaches, players, officials, members of 1959, but not before he earned recognition as up his career as a player and a coach with his the press, and citizens who have made lasting a Captain, All-City, All-Conference, and the notable accomplishments as a commentator contributions to the advancement of football Chicago Tribune's All Area-Team for his great and expert analyst on CBS. Irv is currently the and sporting excellence. The Football Hall of performance as both a linebacker and an of- Athletic Director at Idaho State University. Fame commemorates Indiana's prestigious fensive tackle. For his outstanding talent and Mr. Speaker, I ask you and my other distin- football history throughout the century. Wheth- dedication, Charlie earned a scholarship to guished colleagues to join me in congratulat- er they were involved in football during the Duke University where he was chosen as First ing Ted Karras, Sr., Andy Kirk, Stewart Mattix, early twenties or the present day, the Indiana Team Freshman Atlantic Coast Conference Charles Stanier, Harold Atterberry, George Football Hall of Fame is dedicated to recogniz- before his playing career ended due to knee Hall, Bob Kuechenberg, and Irv Cross for ing those who were instrumental in creating, injuries. In 1963, Charlie graduated from Duke being inducted into the Indiana Football Hall of fostering, and adding to Indiana's excellent and began his teaching and coaching career Fame. Their service, dedication, and success football legacy. Each of these eight newly-in- at Valparaiso High School. Charlie has served has left an indelible mark on Indiana football ducted members made outstanding contribu- as a line coach under Tom Stokes and Mark and Indiana's First Congressional District. tions to Indiana football. Hoffman. He and his wife, Janice, live in f Ted Karras, Sr., graduated from Emerson Valparaiso, and they have three daughters, High School in 1952. After being named 1st Jennifer, Rebecca, and Laura. IN RECOGNITION OF THE 200TH AN- Team All state and Parade All-American for Harold Atterberry began working as a mem- NIVERSARY OF THE MAHONING his accomplishments in high school football, ber of the maintenance staff of the Portage PRESBYTERIAN CHURCH Ted attended Indiana University. After grad- Township schools in 1972. From then until his uating from I.U. in 1956, he want on to play retirement in February of this year, he main- HON. RON KLINK professional football for eleven years. He tained the fields of Portage High School's foot- OF PENNSYLVANIA played with the San Diego Marines from ball field in a professional, meticulous manner, IN THE HOUSE OF REPRESENTATIVES 1956±1957, the Pittsburgh Steelers from befitting a professional football field. After Wednesday, June 24, 1998 1958±1959, the Chicago Bears from 1960± twenty-five years, he retired and enjoys gar- Mr. KLINK. Mr. Speaker, I rise to recognize 1964, the Detroit Lions in 1965, and the Los dening and spending time with his wife, the 200th anniversary of the Mahoning Pres- Angeles Rams in 1966. After his football ca- Nancy, at their home in Morgan Township. byterian Church, of Pulaski Pennsylvania. The reer ended, Ted taught and coached for 20 Before graduating from Edison High School Mahoning Presbyterian Church is one of the years in the Hammond Public School system. in Gary, in 1954, George Hall played football, oldest churches in Lawrence County. During Although Ted retired in 1995, he continues to basketball, track, and baseball. After serving the last two centuries, the church has been in- serve as an assistant coach for his son, Ted two years in the United States Army, George strumental in the development of Lawrence Jr., at Andrean High School in Merrillville. earned a Bachelor of Science Degree from County. In addition to being a social center for Andy Kirk's football career began at Horace Purdue University and a Masters Degree from the community, it has helped to educate and Mann High School in Gary, where he played Indiana University. After his college days, fulfill the spiritual needs of residents and fami- varsity football from 1934±1937. After graduat- George became a football coach. For 29 lies throughout the region. ing, Andy attended the Chicago Art Institute years, 25 of which were in Hammond, George From the church's beginning to the present on scholarship for two years before leaving to taught young men the sport of football. He is it has served as a guide for its congregants find a new life in sports as a trainer. He currently retired and living in Bowling Green, through the best and worst of times. It has worked in Gary at the YMCA, where he Kentucky. withstood the Civil War, two World Wars, the served as an apprentice masseur. In 1941, Bob Kuechenberg played football at Hobart prosperity of the 1920's and the despair of the Andy earned a degree from the College of High School, from which he graduated in 1930's, as well as the end of the Cold War. Swedish Massage. He entered the realm of 1964. After being named Team Captain and Mahoning Presbyterian Church has never high school sports in 1942 and spent the next All-State End, he attended the University of shied away from its duties and obligations to thirty years there. He started at Horace Mann Notre Dame, from which he graduated with a its membership and the region. Thanks to that High School, spent ten years at Tolleston High degree in economics. He played on Notre dedication, the church has succeeded in build- School, three years at Lew Wallace High Dame's National Championship team of 1966, ing a stable community that each member can School, and, in 1960, commenced his long ca- earned the team's Most Valuable Lineman be proud of.

∑ 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. E1220 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 1998 And so I urge my colleagues to rise in rec- of the Photography Branch, Audio-Visual Serv- PROTECT CHILDREN AND MEN- ognition of the Mahoning Presbyterian Church ices. Mr. McNeill's work has been published in TALLY DISABLED PERSONS IN- of Lawrence County and salute the congrega- several books, many magazines and, mostly VOLVED IN MEDICAL TRIALS tion's 200 years of unwavering commitment to recently, in seven issues of the Washington its members. I wish them the best of luck in Post Magazine. He has also exhibited his HON. EDOLPHUS TOWNS their future endeavors. work in a traveling show sponsored by the OF NEW YORK f Rhode Island Institute of Design, the Charles IN THE HOUSE OF REPRESENTATIVES Sumner School, the Smithsonian Institution's HONORING EMMANUEL BAPTIST Wednesday, June 24, 1998 Anacostia Museum, the National Museum of CHURCH Mr. TOWNS. Mr. Speaker, today I rise to in- American Art and the Smithsonian's Center for troduce a bill which will increase oversight pro- African American History and Culture. Mr. tection for children and mentally disabled indi- HON. ELIOT L. ENGEL McNeill will receive the Maurice Sorrell Life- viduals who participate in clinical research OF NEW YORK time Achievement Award. IN THE HOUSE OF REPRESENTATIVES trials. I am proud that this bill has received bi- James M. Johnson, Jr. is also a native partisan support. Mr. SHAYS of Connecticut, Wednesday, June 24, 1998 Washingtonian and, for nineteen years, has Mr. BARRETT of Wisconsin, Mr. BURTON of In- Mr. ENGEL. Mr. Speaker, I rise to give con- operated a full-service photography studio in diana, and Mr. WAXMAN of California are origi- gratulations to a great institution of the Bronx, southeast Washington near the banks of the nal cosponsors of this measure. the Emmanuel Baptist Church, which is cele- Potomac River. In 1975, he received a Master Institutional Review Boards serve as the brating its 110th anniversary as a spiritual of Engineering degree from Howard University principal line of defense for the protection of leader of the community. and worked as an engineer for seven years human subjects who participate in clinical re- The church had its actual beginnings in before he decided to follow his heart and search. These boards review and approve a 1876 as a Sunday School Bible class with study photography. Mr. Johnson is president research plan before the research is carried seven young men meeting at Haven's Hall. of the Professional Photographers' Minority out and ensure that any risks are warranted in The Sunday School grew rapidly with the Network, an international affiliate of Profes- relation to the anticipated benefits. The De- members building a chapel, and under the sional Photographers of America, and an Am- partment of Health and Human Services leadership of Rev. F.M. Lamb the church was bassador to the International Photography Hall (HHS) is the primary Federal department organized on March 30, 1888 with 28 mem- of Fame and Museum. Mr. Johnson will re- sponsoring biomedical and behavioral re- bers forming the constituent membership. ceive the Photographer of the Year Award. search. Its regulatory apparatus for overseeing The church has been ministering to its flock such research consists of two principal tiers of Nestor Hernandez, Jr. is currently the Chief under successive ministries and in 1978 the review: one at the research institution level Photographer, Communications Division, Dis- Rev. Nathan Carroll became the church's first and the other at the Federal level. Both tiers trict of Columbia Public Schools. He is the African American Pastor. In October 1986 the are responsible for ensuring that individual re- president of the FotoCraft Camera Club, which Rev. Dr. Major McGuire III was called to this searchers and their research institutions com- recently celebrated its 60 year history with an historic church. Under his guidance Emmanuel ply with Federal laws and regulations for pro- exhibit at Howard University. Mr. Hernandez Baptist has expanded the number of tecting human subjects. has exhibited his work nationally and inter- congregants several fold with prayer services However, the GAO and the Inspector Gen- nationally. He was exhibited in a solo show at now conducted throughout the week. Under eral of the Department of Health and Human Dr. McGuire's leadership the church is begin- the Christina Cultural Art Center in Wilming- Services have found that these Boards are ning construction of a new edifice for its wor- ton, Delaware and participated in group shows falling down on the job. In numerous reports ship services. in Springfield, Massachusetts and La Habana, over the last 5 years, each of these oversight I have had the pleasure and the privilege of Cuba. Mr. Nestor will receive the Community agencies have found that IRB's are conducting working with the Rev. Dr. McGuire and his Service Award of Merit. reviews too quickly and with members who wife, the Rev. Darlene Thomas-McGuire, who Mr. Speaker, I ask that this body join me in lack expertise in the subject areas, that they was unanimously voted co-pastor of the saluting these gentlemen photographers, and conduct minimal review of approved research, Church. They are a wonderful and dynamic applauding the magnificent work they have tend to allow for unauthorized expansion of re- pair working ceaselessly for their community. done. search plans or ``creep'' and that their mem- The Emmanuel Baptist Church is a corner- bership and institutional affiliations may stone of the community, giving sustenance f present real and apparent conflicts of inter- and spiritual life to its many congregants ests. Both the GAO and the Inspector General under the leadership and guidance of Dr. TRIBUTE TO HOWARD IVERSON warned that these serious deficiencies may McGuire. jeopardize the protection apparatus necessary f for people who participate in medical research. HON. JOHN F. TIERNEY In a recent hearing of the Subcommittee on THE EXPOSURE GROUP HONORS Human Resources, of which I am the ranking LOCAL PHOTOGRAPHERS OF MASSACHUSETTS member, we uncovered a case which may be IN THE HOUSE OF REPRESENTATIVES the realization of the fears expressed by the HON. ELEANOR HOMES NORTON GAO and the IG. Wednesday, June 24, 1998 OF THE DISTRICT OF COLUMBIA In New York City, a prestigious IRB per- IN THE HOUSE OF REPRESENTATIVES Mr. TIERNEY. Mr. Speaker, I'd like to take mitted a research project which used the drug Fenfluramine. Researchers devised a trial this opportunity to formally wish Howard Wednesday, June 24, 1998 which was reputedly designed to determine Iverson, editor of the ``Danvers Herald'' and Ms. NORTON. Mr. Speaker, I rise to pay whether a relationship existed between ag- political columnist for Community Newspapers tribute to three local photographers, recorders gressive behavior and the brain chemical se- in Massachusetts all the best on his recent re- of history, who are being recognized by The rotonin. Fenfluramine is a class IV amphet- tirement. Exposure Group, African American Photog- amine which occupies the same status as raphers Association for their contributions to Thirty-five years of writing. drugs such as darvon and xanax. It is half of humanity and to the District of Columbia. That is a lot of words, a lot of ideas, a lot the diet drug ``phen-fen''. Prior to being with- Robert H. McNeill was born in Washington, of opinions, and more than a few friends drawn from the market in 1997 by the FDA, its DC in 1917 and graduated from Dunbar High made. only approved use was weight control. Be- School where, in 1935, he first became inter- cause the drug for safety or efficacy on chil- ested in photography. He worked as a consult- Howard, the paper will miss you and the dren under 12 years of age. Therefore, no one ant for the Works Project Administration, and North Shore will miss you. knows whether this drug may adversely affect owned McNeill Photo Service and GEM Pho- Enjoy your retirement, but don't be afraid to children under 12. The research plan called tographers. He was a staff photographer for share some ideas, some opinions and some for the participation of male children between the US Navel Gun Factory, the Pentagon, the history in the newspaper when the mood the ages of 6±11 years old whose siblings had Naval Ordinance Laboratory and the Depart- strikes you. Your readers will be on the look- been adjudicated as delinquents. None of the ment of State from which he retired as Chief out, so don't keep us waiting too long. children sought for the study had any history June 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1221 of violent or aggressive behavior. There is no children and the mentally disabled to join me Bruce Robinson, Vic Capets, Marge Bucar, evidence that any of the older siblings had any in supporting this bill. Bob Kozubal, Hank Pascoe, Ed Erwin, Betty history of violent or aggressive behavior. The f Buchin and Bernic Mikach for two years they research plan specified that all children re- have worked to make this event a reality. cruited should be African-American or His- HONORING BUTLER MEMORIAL Without their commitment this event would not panic. Caucasian children were specifically ex- UNITED METHODIST CHURCH have been possible. cluded. So my fellow colleagues, it is with great Prior to the lab portion of the tests, the chil- HON. ELIOT L. ENGEL pleasure that I ask you to join me in recogniz- dren were placed on a low protein diet for 72 OF NEW YORK ing participants in the Trafford High School All hours which affects the levels of serotonin in IN THE HOUSE OF REPRESENTATIVES Class Reunion. This promises to be a terrific the brain. The children were denied food for Wednesday, June 24, 1998 opportunity for old friends and acquaintances 12 hours prior to the test. After receiving to make up for lost time. Fenfluramine, a catheter was placed in the Mr. ENGEL. Mr. Speaker, I rise to speak in f arms of the participants to enable the re- celebration of the eighty-sixth anniversary of a TRIBUTE TO J. DONALD LEEK OF searchers to withdraw blood easily. Blood was church that has become a cornerstone to its GARY, INDIANA withdrawn about once an hour during the five- communityÐthe Butler Memorial United Meth- hour tests. The blood readings were used to odist Church. measure levels of serotonin activity in the chil- The church was begun by a small group of HON. PETER J. VISCLOSKY dren. Because this experiment involved an ap- spiritually minded individuals in 1912. Today it OF INDIANA proved drug which was being given to meas- has grown to a congregation exceeding 800 IN THE HOUSE OF REPRESENTATIVES ure physical and biological responses, FDA members with the Rev. Granville A. Forde Wednesday, June 24, 1998 approval was not needed. After the experi- serving as pastor to his growing flock. A growing church is a busy church and But- Mr. VISCLOSKY. Mr. Speaker, it is with the ment, the children and their parents were paid ler Memorial now has programs for the United greatest pleasure that I pay tribute to an ex- and sent home. Subsequently, several parents Methodist Women, the United Methodist Men, ceptionally dedicated, compassionate, and dis- have complained that their children have suf- the Methodist Youth Fellowship, four choirs tinguished member of Indiana's First Congres- fered illnesses which they did not have prior to and a number of clubs. sional District, Mr. J. Donald Leek, of Gary, In- this ``challenge''. The church is celebrating its anniversary as diana. After serving as the School City of In numerous memos ranging over a 2-year Gary's Athletic Director for twenty-seven period, the IRB asked the researchers to ex- an integral part of its community, giving the congregants of Butler Memorial and the sur- years, Don will retire on June 30, 1998. Upon plain the scientific premise of their experiment completion of his last day, Don will be hon- in greater detail and to explain the necessity rounding area the ecclesiastical guidance that allows for the growth of the temporal as well ored in Gary's Marquette Park with a final, for- of exposing children to a procedure which the mal salute for his service, effort, and dedica- IRB deemed to constitute ``more than minimal the spiritual. The Rev. Forde is taking this opportunity to tion. risk''. After 2 years of correspondence, these award to four good people the Community A 1947 graduate of Roosevelt High School, issues were never fully addressed. Addition- Service Awards for their commitment, caring Don was a phenomenal athlete and an excel- ally, Federal regulations require that studies lent student. In addition to his four varsity let- and dedication to making a difference. They involving human subjects recruit participants in ters in football and three in track, his outstand- are Kathleen Cushnie, Joseph King and Mil- an ``equitable'' fashion. Here, the research ing efforts earned him Roosevelt's Most Out- dred Lewis with Anathaleo Blake getting a plan breached that requirement because it standing Athlete award in 1947. In addition to Youth Award. specifically excluded White children without It is the churches of our community, like these honors, Don was the city's low and high any medical reasons for the exclusion. The hurdler champion in 1946 and 1947, 1947 Butler Memorial, which make the difference in IRB approved this study despite these prob- state runner-up in the high hurdles, and a the lives of the people. I am proud that Butler lems. member of the Panthers' 1947 state cham- Memorial is in my district and it is with pride Although the Food and Drug Administration pionship 880 relay team. Continuing his excel- that I rise to celebrate its anniversary of giving and the Office of Protection from Research lence in track, Don attended North Carolina to and caring for the people of the Bronx. Risks are charged with the responsibility of in- Central University, where he was his school's f vestigating complaints involving human subject conference champion in the low hurdles in research, such investigations are rare. Both RECOGNIZING THE TRAFFORD 1950 and 1951, and the 60-yard high hurdles agencies rarely conduct more than 100 inves- HIGH SCHOOL ‘‘ALL CLASS RE- champion at the Junior National Indoor Track tigations at any given time. Corrective actions UNION’’ and Field Meet in New York City in 1950. or sanctions are imposed on a fraction of Upon graduating from NCCU in 1951, Don those researchers investigated. The Office of HON. RON KLINK was inducted into the Air Force and spent the Protection from Research Risks is currently in- OF PENNSYLVANIA next two years serving his country. vestigating this New York study. However, After being Honorably Discharged as a First IN THE HOUSE OF REPRESENTATIVES they estimate that it may take up to a year to Lieutenant in 1953, he returned to Roosevelt conclude this investigation. Clearly, we need Wednesday, June 24, 1998 where he began his coaching career in both to assure that Federal officials are empowered Mr. KLINK. Mr. Speaker, I rise today to rec- football and track. Don's success as a track to take a proactive role in research abuses. ognize Trafford High School alumni participat- star contributed to his coaching ability, which However that will be difficult because cur- ing in the upcoming ``All Class Reunion.'' The helped him direct his teams to nine city cham- rently, IRBs are not required to register or en- event will take place during the weekend of pionships, nine sectional championships, gage in any certification process. We do not July 9±12 and is sure to rekindle friendships seven regional titles, and five state champion- know how many IRBs operate in this Nation. and reunite former classmates from across the ships. In recognition of his coaching suc- Therefore, we cannot know the extent of their tri-state area. cesses, Don was named the 1962 Coach of use of children and other vulnerable popu- Trafford School District began in 1905 with the Year by the Indiana High School Track lations. the erection of a four room school building. By Coaches Association. Don was also honored The bill that I introduce today requires that 1928 the district had expanded in size three- as Indiana High School Athletic Director of the any IRB that uses children or mentally dis- fold. In 1956, Trafford School District merged year in 1975, and he was inducted into the In- abled individuals in research must report to with Penn Township and Penn Borough to diana Association of Track and Cross Country the Secretary of Health and Human Services create the Penn-Trafford School District. Hall of Fame in 1974. concerning the participants, the nature, objec- Trafford High School Alumni believe that Though extremely dedicated to his work as tives and reasons for the research and the this reunion is the first of its kind in Westmore- a coach and athletic director, Don selflessly source of funding. The Secretary will be re- land County. Classmates from 1924 through gives his free time and energy to his commu- quired to make this information available to 1970 will gather to share their high school nity, his education, and most importantly, his the public. I believe that this bill will impose memories. A crowd of more than 700 people family. Don is a life member of the NAACP, as sunshine on this secretive process and will af- is expected with more than five hundred being well as the Kappa Alpha Psi fraternity. He also ford greater oversight by the government and alumni of Trafford High. volunteers for the Gary YMCA, is a member of by concerned members of the public. I ask all I applaud the committee chairpersons, the Indiana High School Athletic Directors As- of my colleagues who are concerned about George Valmassoni, Don Smith, Ed Drost, sociation, and served as President of the Civil E1222 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 1998 Rights Hall of Fame Games. In addition to his DuranÐAll Saints R.C. School; Jamie Inez the new ag research program go forward or degree from North Carolina Central University, Hemandez and Adam ValentinÐMost Holy making cuts in virtually every other agricultural Don graduated with an M.S. degree from Indi- Trinity School; Lauren Teresa and Ana Cas- program in our bill. ana University in 1967 and earned an ad- troÐSt. Nicholas R.C. School; Gwen Cruz and Unfortunately, the amendment presents an- vanced degree from Purdue University in Desiree OrtizÐSt. Peter & Paul R.C. School; other difficult choice in determining the direc- 1976. Don, now seventy years old, plans to Jackqueline Duran and Adrian JimenezÐ tion of our ag research effortsÐwhether to continue his daily regimen of walking at least Transfiguration School. abandon the special research initiatives which two miles every morning. He also wants to f have traditionally served us well in order to spend more time with his wife, Barbara, their move a new research initiative forward. two daughters, Sandra and Cynthia, and his AGRICULTURE, RURAL DEVELOP- I appreciate Mr. DOOLEY raising these im- stepson, Cromwell O'Brien. MENT, FOOD AND DRUG ADMIN- portant issuesÐin the field of ag research, Mr. Speaker, I ask you and my other distin- ISTRATION, AND RELATED there is no legislator who has labored longer guished colleagues to join me in commending AGENCIES APPROPRIATIONS or has greater standing to comment on these Don Leeks for his lifetime of service, leader- ACT, 1999 issues. ship, and rededication to Gary and Northwest Although I reluctantly oppose him today, I SPEECH OF Indiana. Don's efforts as Athletic Director for know that together we will be doing all we can the School City of Gary are legendary as one HON. VIC FAZIO to see that agricultural research gets the re- tool among many serving to help students stay OF CALIFORNIA sources that pay off so mightily for our nation. motivated in the classroom. Don has rewarded IN THE HOUSE OF REPRESENTATIVES the people of his community with true leader- f Tuesday, June 23, 1998 ship and uncompromising dedication. THE REFORESTATION TAX ACT f The House in Committee of the Whole House on the State of the Union had under TRIBUTE TO GRADUATES AND consideration the bill (H.R. 4101) making ap- HON. JENNIFER DUNN ACADEMIC ACHIEVERS OF THE propriations for Agriculture, Rural Develop- OF WASHINGTON 12TH CONGRESSIONAL DISTRICT ment, Food and Drug Administration, and IN THE HOUSE OF REPRESENTATIVES Related Agencies programs for the fiscal ´ year ending September 30, 1999, and for other Wednesday, June 24, 1998 HON. NYDIA M. VELAZQUEZ purposes: OF NEW YORK Ms. DUNN. Mr. Speaker, today I am intro- Mr. FAZIO of California. Mr. Chairman, I rise ducing legislation, the Reforestation Tax Act, IN THE HOUSE OF REPRESENTATIVES in reluctant opposition to the Dooley amend- that will lower the tax burden on timber assets Wednesday, June 24, 1998 ment. that are managed in a sustainable and envi- Ms. VELAÂ ZQUEZ. Mr. Speaker, it is with Mr. DOOLEY has been the chief proponent of ronmentally sound fashion. great pride that I ask you and my colleagues increased resources going to agriculture re- Last year, Congress took a major step to- to join me in congratulating special graduates search, and he labored mightily within his ward reducing the Federal tax burden on mil- of the 12th Congressional District of New committee and at the conference committee lions of Americans, eliminating the deficit, re- York. I am certain that this day marks the cul- on the recently-passed ag research bill, which storing greater fiscal integrity to the budget mination of much effort and hard work which was signed this morning by the President. process and, in the process bringing a meas- has led and will lead them to continued suc- He knows as I do that research has always ure of greater equity to the tax code. Most im- cess. In these times of uncertainty, limited re- been the key to U.S. ag productivity and that portantly, we sought to encourage savings, to sources, and random violence in our commu- as we turn to a more market-oriented ag econ- promote sustained, long-term growth, and to nities and schools, it is encouraging to know omy, ag research will be even more important immediately reduce the tax burden of Ameri- that they have overcome these obstacles and in sustaining the U.S. lead in this field. cans by lowering the tax on capital gains. succeeded. California's specialty crop agriculture has The Reforestation Tax Act recognizes the These students have learned that education known this for many years. unique nature of growing trees by reducing the is priceless. They understand that education is One key to our success has been market amount of gain subject to capital gains by 3 the tool to new opportunities and greater en- promotion with such successful programs such percent each year a timber asset is held up to deavors. Their success is not only a tribute to as the Market Access Program, but we have a maximum of 50 percent. Most importantly, it their strength but also to the support they a very close relationship with the research would apply this tax rate to all taxpayers, indi- have received from their parents and loved going on at our ag schools and getting those viduals as well as corporations. In this man- ones. results into the field. ner, we would avoid the inequity we have In closing, I encourage all my colleagues to Formula funds for our land-grant schools today whereby neighboring tracks of the same support the education of the youth of America. are important. timber are taxed at different rates simply be- With a solid education, today's youth will be The competitive funds within the National cause of the business form of their invest- tomorrow's leaders. And as we approach the Research Initiative are important. ments (i.e. one is owned by a small group of new millennium, it is our responsibility to pave We hope the new initiativesÐsuch as the investors while another is owned by a larger the road for this great Nation's future. Mem- Fund for Rural America and now the new re- group of public investors). bers of the U.S. House of Representatives I search program in the ag research billÐwill Besides ensuring fairness, the Reforestation ask you to join me in congratulating the follow- play an important role in the future in putting Tax Act will encourage sound forestry prac- ing Academic Achievement Award Recipients: additional resources into researchÐthe com- tices that keep our environment healthy for the Rafael Feliciano and Shaquana AndersonÐ mittee has been chagrined this year at having future. Currently, industrial timberlands help PS 16; Joseph Santos and Angeline HidalgoÐ to look to these new and promising initiatives reduce demand for timber from public lands P.S. 18; Kristoffer Cortes and Christie for offsets in order to make our bill whole. while generally being managed according to SantanaÐP.S. 19; Jose Oquendo and Cindy But special research grants are also impor- principles of sustainable forestry. Moreover, by RivasÐP.S. 49; Myrna Adana and Angela Mo- tant to our overall research effort. sequestering carbon, managed forests help to ralesÐI.S. 71; Imari Valentin and Gilbert Feli- These are cooperative efforts between in- offset emissions that contribute to the ``green- cianoÐP.S. 84; Andrew Malave and Gabriel dustry and our research institutions. house effect''. Unfortunately, today's high tax MartinezÐP.S. 147; Miriam Aponte and Unlike competitive research which is wholly- burden on forest assets runs counter to our Amanda RodriguezÐP.S. 196; Desiree government funded, industry is making signifi- commitment to preserving and investing in the Cardona and Michael CurcharÐP.S. 250; cant contributionsÐtypically 50%Ðto these environment. This bill would encourage refor- Ralph Wilson and Cheetara LittleÐP.S. 257; limited-duration agriculture projects affecting estationÐor reinvestment in the environ- Valerio Aguilar and Hugo RiosÐP.S. 380; commodities of local or regional importance. mentÐby extending tax credits for all reforest- Lauren Cruz and John BigolskiÐI.S. 318; and But Mr. DOOLEY does us a real service with ation expenses and shortening the amortiza- Xiomara Adames and Jose CastroÐJ.H.S. 50. his amendment in pointing out the real difficul- tion period for reforestation costs. As we con- Vanessa Rodriguez and Victor GavelaÐBe- ties we are struggling with in every bill this sider policies to counteract global warming ginning With Children School; Abner Aponte year. and improve water quality, we need to encour- and Cesarina LopezÐEastern District Senior These are difficult choices, and the commit- age sound forestry practices. It is this kind of Academy; Julian Blumberg and Jazlyn tee had a Hobbesian choice in either letting approach that assures our tax policies take June 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1223 into account the long-term risk of timber in- in accordance with some of the strictest en- and other experts which allow for more envi- vestments and rewards timber owners who re- vironmental standards in the world. We need ronmentally sensitive forestry practices. sponsibly sustain forest health over long peri- to support this industry as it competes in Larger owners are penalized under current ods of time. the global marketplace against international law because corporations are not eligible for The Reforestation Tax Act represents the competitors, many of whom are not subject lower capital gains rate on timber. If the tax to the same standards as the U.S. industry. law is not changed to benefit all timber own- best of sound tax and environmental policy. I U.S. commercial timberlands are managed ers who reforest, it could encourage owners urge my colleagues to support and cosponsor not only for purposes of providing timber but who do not receive tax incentives to get out this measure. also for promoting fish and wildlife habitat of the business of owning timber and this DESCRIPTION OF REFORESTATION TAX ACT OF and other public purposes. In addition, trees would ultimately be very harmful to both 1998 are natural ‘‘carbon sinks,’’ sequestering timber supply and the environment. carbon dioxide and giving off oxygen. In SECTION 1—PROPOSAL TO INCREASE INCENTIVES f plain terms, the U.S. forest products indus- FOR INVESTMENT IN LONG-HELD TIMBER ASSETS try is a major contributor toward reducing Proposal: To reduce the negative inter- HONORING GWENDOLYN BYRD the accumulation of greenhouse gases action of tax rates and inflationary gain on through its management of timberlands. investment in long-held timber assets. Sec- HON. ELIOT L. ENGEL tion 1 would reduce the amount of gain on SECTION 2—PROPOSED TO IMPROVE THE TAX harvested timber subject to tax by 3 percent CREDIT AND AMORTIZATION PERIOD FOR RE- OF NEW YORK each year the asset is held, up to a maximum FORESTATION EXPENDITURES IN THE HOUSE OF REPRESENTATIVES 50 percent reduction. The proposal would be Proposal: To remove the current dollar Wednesday, June 24, 1998 available for all timber owners. limitation ($10,000) on the amount of refor- Description of Current Law: Under current estation expenses that are eligible for the 10 Mr. ENGEL. Mr. Speaker, Gwendolyn Byrd law, timber is considered a capital asset. percent tax credit and that are allowed to be is a grand example of someone who has However, the lower tax rate for capital as- amortized; secondly, to decrease the amorti- achieved success in both the public and pri- sets was eliminated in the Tax Reform Act of zation period over which these expenses can vate sectors. So it is with more than a touch 1986. This created a situation where timber be deducted from seven to five years. of sorrow that on this occasion we are honor- owners, who must hold their trees for 20 to 60 Description of Current Law: Current law years before harvesting, were paying taxes provides a ten percent tax credit to ing her on her retirement as New Rochelle on inflationary gains. Congress partially cor- timberland owners who spend up to $10,000 to City Clerk. rected this problem last year when it re- reforest their land and allows the same Gwen was born the eldest of four daughters stored lower capital gains rates—20% for in- amount ($10,000) of reforestation expenses to to Marcus and Juanita Tarrant. After attending dividuals who held their capital assets for at be amortized over a seven year period. Pace University for two years she went to least 18 months. However, corporate timber What are Reforestation Expense: The ini- work. And, when her family moved to New Ro- owners must still pay the higher regular tax tial expenses required to establish a new chelle in 1958, she worked for a number of rate of 35% on their timber gains. stand of trees often include items such as City agencies before becoming the city's first Reasons for the Change: The 1997 Taxpayer site preparation, the cost of the seedlings, relief Act (TRA) significantly reduced the the labor costs required to plant the seed- African American and woman named a Deputy Federal tax bill on millions of Americans by lings and care for the trees in the first sev- City Marshal. reducing the burdensome tax rates on capital eral years, and depreciation equipment used Five years later she opened Byrd's Nest gains for individuals. The House passed ver- in reforestation. restaurant and also started a catering busi- sion of TRA included a capital gains tax re- Example of How the Credit and Amortiza- ness which serviced a client list that included duction for individuals and corporations. Un- tion Provisions Work: Today, if a timberland the Cathedral of St. John the Devine and fortunately, the TRA as finally enacted con- owner spends $10,000 on reforestation costs in tains provisions that have unintended con- many others. In the 1980s she established a year, the taxpayers can take a ten percent Hannah's Place at the New Rochelle Marina, sequences for the forest products industry. credit, i.e., $1,000 off their tax bill for those Because it ultimately excluded corporate as- expense. The basis is reduced by 50% of the serving fresh seafood. In 1989 Gwen joined sets, the 1997 TRA established a much higher credit (in this case $500) and the remaining the Cornell University Cooperative Extension capital gains tax threshold for all corporate $9500 of expenses are eligible to be amortized, Service counseling the homeless residents of assets, merely based on the form of owner- i.e., deducted over a seven year period, gen- WestHelp on nutrition. ship. Discriminating against taxpayers who erally in equal amounts of one-seventh each Gwen has always been an ardent volunteer make long-term investments, based solely on year. Reforestation expenses over $10,000 are the business form of their investment, is a and organizer. She is a founder of the New not eligible for this incentive. particularly unfair consequence for the for- Rochelle Black Women's Political Caucus and Environmental Benefits of the Section 2: est products industry. the African American Art and Cultural Appre- The provisions are intended to encourage re- Timber growing in any form is a long- ciation Council. term, high-risk venture, subject to the un- forestation, both on land that has been har- vested and on land that was previously put She was appointed City Clerk in 1992, the predictable threats of disease, fire, govern- first African American and woman to be ap- ment intervention, and price in the market- to other uses, such as agriculture. Trees pro- place. The TRA outcome creates a differen- vide a tremendous benefit to the environ- pointed to such a high city post. tial between those who invested in growing ment—they prevent soil erosion, cleanse She has given so much for so long I cannot trees as a corporation and those who have in- streams and waterways, absorb carbon diox- imagine how New Rochelle will get along with- vested as individuals. Many non-industrial ide from the atmosphere, and provide habitat out her. But that cannot stop me from offering timberland owners’ assets are held in cor- for a range of species. Tax incentives for her the very best for a retirement as rewarding porate form, based on considerations under planting on private lands also decrease the pressure to obtain timber from public lands, as the rest of her life. current law (liability concerns, estate taxes, f etc.), so a capital gains differential limited allowing more public land to remain un- to individuals excludes coverage for much of touched. Need for Tax Incentives to Encourage Re- TRIBUTE TO MONCHITO PASCUALY the nation’s privately held timberland. But ON THE STREET RENAMING no matter who pays the capital gains tax, forestation: The decision to reforest, particu- the investments are equally risky, and the larly after harvesting, can be a difficult one. CEREMONY IN HIS HONOR IN incentive to reinvest diminished. Private The expenses are high and the eventual bene- SUNSET PARK, BROOKLYN forest landowners—corporate and non-cor- fits quite remote since trees must grow 20 to porate—furnish most of the nation’s timber 60 years until mature enough for harvesting HON. NYDIA M. VELA´ ZQUEZ resources. In fact, less than 8 percent of the again. During that long period of time, the OF NEW YORK nation’s timber harvest comes from public trees are subject to numerous risks such as lands. There are currently 393 million acres disease, forum insects, etc., as well as ordi- IN THE HOUSE OF REPRESENTATIVES of woodlands owned by 9.9 million private nary market risks. Wednesday, June 24, 1998 owners, ranging in size from small woodlot Reasons for Eliminating the $10,000 Cap: owners to large industrial concerns. The arbitrary limit on eligible reforestation Ms. VELAÂ ZQUEZ. Mr. Speaker, it is with How the Sales Price Adjustment Works: expenses restricts the number of acres that great pride that I offer a tribute to Gladys Upon the sale of timber, for purposes of de- can be automatically reforested. With the Pascualy and the Pascualy family on behalf of termining capital gain, the gain would be re- ever decreasing availability of public timber, Monchito Pascualy, the former ``mayor'' of it is even more important to encourage the duced by 3 percent for every year the timber Sunset Park, Brooklyn, on the day of a street was held. This provision is restricted as that maximum amount of private reforestation the reduction in sales price cannot reduce possible. It is particularly essential that all being renamed in his honor in the community. the gain by more than 50 percent. landowners be eligible for such tax treat- Monchito, as he was known with warmth Environmental Benefits of the Section 1: ment so that they will have the resources to throughout the Sunset Park community, was a U.S. Commercial timberlands are managed hire professional foresters, wildlife biologist, respected and loved member of our diverse E1224 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 1998 community. He was a business leader who PERSONAL EXPLANATION PERSONAL EXPLANATION owned two small businesses in Sunset Park and who worked to bring together merchants HON. MICHAEL G. OXLEY throughout the community, especially along HON. LUIS V. GUTIERREZ OF OHIO 4th Avenue, to improve the neighborhood and OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES their livelihood. Monchito, recognizing that youth are our IN THE HOUSE OF REPRESENTATIVES Wednesday, June 24, 1998 community's and Nation's future, would often Wednesday, June 24, 1998 Mr. OXLEY. Mr. Speaker, I was unavoidably sponsor positive activities and provide trophies absent from the House chamber for roll call and other awards for Sunset Park's youth. His Mr. GUTIERREZ. Mr. Speaker, in the after- votes held the evening of Monday, June 22. civic mindedness inspired merchants all along noon of Monday, June 22, 1997, I was un- Had I been present I would have voted ``nay'' 4th and 5th Avenues in Sunset Park to commit avoidable delayed from reaching this chamber on roll call 252 and ``yea'' on roll call votes themselves to bettering the community, includ- and therefore missed roll call vote number 253 through 256. ing developing a constructive working relation- 252, the vote on the Foley amendment to H.R. f ship with the 72nd Police Precinct. 4060; roll call vote number 253, the vote on Monchito's generous and charitable nature final passage on H.R. 4060, the Energy and PERSONAL EXPLANATION would not allow him to see another human Water Development Appropriations bill; roll call being suffering and he would often give freely vote number 254, the vote on final passage of HON. DAVE WELDON to those in need. His generosity and leader- H.R. 4059, the Military Construction Appropria- OF FLORIDA ship are legendary in the community to this tions bill; roll call vote number 255, to suspend day. the rules and pass H. Con. Res. 288 and roll IN THE HOUSE OF REPRESENTATIVES Sunset Park lost a great man, a great Puer- call 256 to suspend the rules and pass H. Wednesday, June 24, 1998 to Rican and an effective leader when Res. 452. I want the record to show that if I Mr. WELDON of Florida. Mr. Speaker, on Monchito died three years ago. The renaming had been able to be present in this chamber June 18, my wife and I adopted a newborn of 5th Avenue between 44th and 45th Streets when these votes were cast, I would have baby boy and I was unable to be in Washing- is a well-deserved tribute to Monchito voted yea on each of them. ton for votes. Due to the adoption, I missed Pascualy who gave so much, and so lovingly votes on June 18, 19, and 22. Had I been f to so many in our community. Mr. Speaker, I present I would have cast votes as follows. ask my colleagues in the U.S. House of Rep- COMMEMORATING THE 25TH ANNI- I would have voted Aye on the following Roll resentatives to join me in paying tribute to VERSARY OF THE SENIOR CITI- Call votes: 243, 244, 245, 246, 247, 248, 251, Monchito Pascualy on the day of a street ZENS COORDINATING COUNCIL 254, 255, and 256. being renamed in his honor. OF RIVERBAY I would have voted No on the following Roll Call vote: 242. f f A TRIBUTE TO LOCAL HEROS HON. ELIOT L. ENGEL ECONOMIC GROWTH ACT OF 1998 OF NEW YORK HON. JAMES P. McGOVERN IN THE HOUSE OF REPRESENTATIVES HON. RON PACKARD OF MASSACHUSETTS Wednesday, June 24, 1998 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. ENGEL. Mr. Speaker, today I rise to Wednesday, June 24, 1998 Wednesday, June 24, 1998 speak in praise of a group of people celebrat- Mr. MCGOVERN. Mr. Speaker, on Decem- ing the 25th anniversary of working daily to Mr. PACKARD. Mr. Speaker, I rise in sup- ber 27, 1997, James Floyd, a part-time Plain- address the needs of senior citizens who live port of House Speaker NEWT GINGRICH's ville, Massachusetts Police Officer, responded at Co-op City in the Bronx. The Senior Citi- ``Economic Growth Act of 1998.'' As an origi- to an accident on Mirimiche Road. Officer zens Coordinating Council on Riverbay, Inc. nal cosponsor of this legislation, I am proud Floyd found a car submerged in Mirimichi has taken as its mission to seek out and de- that it will boost economic growth and offer Lake when he arrived at the scene. After call- velop resources and services to meet the better financial investment resources for all ing for assistance, he proceeded into the needs of the elderly in Co-op City, to facilitate Americans. freezing water to rescue any victims. He was service co-ordination between agencies, to es- The ``Economic Growth Act of 1998'' will re- unable at first to free Thomas Spadoni, who tablish a safety net of services for the vulner- duce capital gains rates, simplify the tax rate was trapped inside. When Officer Floyd sur- able elderly, to advocate for seniors at all lev- by eliminating exemptions and reduce the faced, Officers Greg Kiff and Brian Scully were els of decision making, and to organize, edu- holding period for assets. This bill is a win-win at the accident site. Officer Floyd was given a cate and empower seniors to act on their own situation for all citizens. Critics have claimed knife and able to cut the victim free. Mr. behalf. that reducing taxes on investment will only Spadoni was then given CPR by Officers Kiff This is a grass roots organization in the best benefit the wealthy. This is not the case. A and Scully, who were assisted by paramedics 1997 Congressional Budget Office study found from Plainville and North Attleboro. Officer sense, for it is made up of local people band- ing together to help themselves and others half of all U.S. families own assets such as Floyd returned to the water to verify that there stocks, bonds, businesses and real estate were no remaining victims in the car. similarly situated. It was organized in 1973 as a non-profit organization to help the elderly in which encourage savings and investment. Thomas Spadoni was transported to Sturdy Co-op City, the largest co-operative commu- One-third of all taxpayers who reported gains Memorial Hospital and then to the University nity in the world with more than 15,000 apart- or losses over a 10-year period made less of Massachusetts Medical Center. Hospital of- ments and 50,000 residents. than $50,000 annually. This legislation will ficials confirmed that Mr. Spadoni was ``clini- make investment and planning more manage- cally drowned.'' He survived only because of SCCC was formed shortly after Co-op City able for all Americans, regardless of their an- the heroic efforts of Officer Floyd an the other opened to help the already large number of nual income. officers at the scene. When James Floyd was retired and those nearing retirement who had Mr. Speaker, the ``Economic Growth Act of asked why he jumped into the water, he stat- come to live in Co-op City. SCCC has orga- 1998'' will benefit Americans, regardless of ed, ``It was a lot of training and instinct.'' nized programs targeting the homebound el- their stage in life, if they are starting a family, On January 12, 1998 the citizens of Plain- derly and operates three centers for con- sending a child to college or preparing for re- ville honored their heroes at a special cere- gregate meals to help the 90 percent of the tirement. For too long, the threat of monetary mony in the Wood School Library. Officer seniors in Co-op City who are in the low- to punishment often associated with entrepre- Floyd was given the Medal of Valor for actions moderate-income categories. neurship has loomed over the heads of Ameri- that far exceeded expectation. The people of I have worked with SCCC and find it an ex- cans, discouraging them from saving and in- Plainville, as well as the citizens of Massachu- emplary model of a helping organization; one vesting. This legislation will move our econ- setts, are indeed fortunate to have these truly that is run locally by people from the commu- omy with the changing times and interests of dedicated public safety officers in their service. nity to help their neighbors. America's families and businesses. June 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1225 A TRIBUTE TO NATIONAL PARK over its fifty-year history, are strong examples PROTEST ON BEHALF OF SERVICE RANGER JOSEPH of what hard work, determination, talent, and ALEXANDR NIKITIN KOLODSKI creativity can bring. The Huron Playhouse has a very rich and HON. STENY H. HOYER HON. CHARLES H. TAYLOR tradition-filled history. Started in 1948, the OF MARYLAND OF NORTH CAROLINA Huron Playhouse began as a partnership sum- IN THE HOUSE OF REPRESENTATIVES mer theater program by Bowling Green State IN THE HOUSE OF REPRESENTATIVES Wednesday, June 24, 1998 University and the Huron community. Over the Wednesday, June 24, 1998 past fifty years, the BGSU/Huron partnership Mr. HOYER. Mr. Speaker, next week, on Mr. TAYLOR of North Carolina. Mr. Speak- has continued to grow and has provided the Thursday, June 25, human rights activists and er, I was shocked and deeply saddened by tremendously educational and entertaining defenders of the environment plan to gather in the news last weekend of a federal law en- theatrical productions that are associated with front of the Russian Consulate in San Fran- forcement official's murder in my district. the Huron Playhouse. cisco to protest the continuing mistreatment of Ranger Joseph David Kolodski, 36, of the U.S. Mr. Speaker, the Huron Playhouse is one of former Russian Navy Captain Alexandr Nikitin. Park Service was killed in cold blood while the cornerstones of the Huron community. It Working with the Norwegian environmental serving our nation and keeping Western North continues to be a wonderful summer theater of group ``Bellona,'' Mr. Nikitin provided resource Carolina communities safe. Unfortunately, leg- which we can all be proud. The Fiftieth Anni- material for a report entitled ``The Russian islative business will keep me from attending versary Celebration of the Huron Playhouse is Northern Fleet: sources of Radioactive Con- Thursday's memorial services, so I am send- a time to reflect upon the achievements of the tamination,'' that exposed the Russian Navy's ing members of my staff to convey our sym- past, and a time to look to the future with nuclear waste dumping in the White Sea and pathies and promise that this senseless act much enthusiasm. I am sure the next fifty Kola Peninsula region. the report revealed, for will not go unpunished. years of the Huron Playhouse will be just as instance, that fifty-two decommissioned nu- A six-year veteran of the Park Service, memorable as the first. clear submarines still containing nuclear fuel Ranger Kolodski epitomized the dedication Mr. Speaker, I would urge my colleagues to are rusting at the Murmansk dockside and that and sacrifice that protect and maintain our na- stand and join me in paying special tribute to nuclear reactors from other decommissioned tion's natural resources. He was a devoted fa- the Huron Playhouse, to all those who have submarines were simply dumped into the Arc- ther and family man. Joe was also a dedicated attended its performances, to the directors, tic Ocean. member of his community. He served in his producers, cast, crew, and orchestra mem- It would probably be too much to ask that community church, First Baptist Church in bers, and all others who have helped build it the Russian government thank him for his ef- Bryson City, North Carolina. He also volun- into the premier theater in the area. We con- forts. Frankly, the Russian government is not teered with the Cherokee Emergency Medical gratulate you on fifty wonderful years, and the only government that has not looked kindly Services. wish you all the best in the future. on environmental whistle blowers. However, I plan to inquire of National Park Service of- most governments would not go to the lengths ficials what equipment upgrades or resources f to which the Russian government has gone to could prevent another tragedy from occurring. punish Mr. Nikitin for his expose. HONORING GENEVIEVE BROOKS We need to guarantee that our National Parks On February 2, 1996, he was arrested and and Forests remain safe for visitors and per- charged with ``revealing state secrets,'' a sonnel. In the 82 years of the National Park HON. ELIOT L. ENGEL charge that could carry the death penalty if he Service, Ranger Kolodski is the third to fall in OF NEW YORK were convicted. In October 1996, the Federal the line of duty. We need also to be sure the IN THE HOUSE OF REPRESENTATIVES Security Service (FSB) declared the Bellona/ Nikitin report ``forbidden literature.'' Nikitin was men and women who keep them safe have Wednesday, June 24, 1998 the tools they need to protect themselves! held in pretrial detention from February to De- Finally, my thoughts and prayers are with Mr. ENGEL. Mr. Speaker, we rise to speak cember 1996. I would note that during this FlorieÐRanger Kolodski's wife of 17 years in the highest praise of a woman who has time his brother-in-law, who had served in the who is also a Park RangerÐand Rachel, Jo- worked for much of her life to improve the lot Russian Northern Fleet, died of radiation poi- seph and SarahÐJoseph's children. For them, of people in need, a woman who has done soning. Ranger Kolodski was a devoted husband and more than probably anyone to save and cre- Protests from human rights activists and de- father. At this time of grief, I urge Members to ate housing in the Bronx when it seemed that fenders of the environment resulted in Nikitin's join with me in conveying our sympathies to everyone else was fleeing. release from detention, but the charges were this young family and work with me to see that Genevieve Brooks is vice president for the not dropped. The FSB attempted to have him our Park Rangers have the tools they need to Faith Center for Community Development, indicted on the basis of unpublished ``secret be safe. where she is dedicating herself to creating and decrees,'' a blatant violation of the Russian f preserving healthy neighborhoods. She has constitution. Even the Federal Prosecutor's of- been doing this in many guises for most of her fice admitted that ``mistakes were made'' and A SPECIAL TRIBUTE TO THE life. As Deputy Borough President of the that the case ``contains no hint of espionage.'' HURON PLAYHOUSE IN RECOGNI- Bronx she oversaw policy implementation for a The FSB had to back down, and after six ear- TION OF ITS FIFTIETH ANNIVER- county of 1.2 million people while managing lier investigations, now claims to have a legiti- SARY CELEBRATION the day-to-day operations of 120 people and mate case to go to trial. One wonders how agency professionals, as well as community many chances the FSB gets. HON. PAUL E. GILLMOR based organizations, in planning for and im- Meanwhile, Nikitin has been required to re- OF OHIO proving housing and the delivery of municipal main in St. Petersburg. His wife and daughter IN THE HOUSE OF REPRESENTATIVES services. She has served on the Boards of Di- came to the United States last year to accept rectors of Bronx Health and Human Services on his behalf the prestigious Goldman Envi- Wednesday, June 24, 1998 Development Corp. and the Bronx Overall ronmental Prize for his environmental work. Mr. GILLMOR. Mr. Speaker, I rise today to Economic Development Corp. She has also Their apartment is kept under surveillance, the pay special tribute to one of the truly outstand- served on the Consumer Advisory Council of phone has been tapped, and Nikitin's lawyer ing landmarks in Ohio's Fifth Congressional the Federal Reserve Board and the Advisory was recently approached by thugs on the District, the Huron Playhouse. On Opening Council of the Federal Home Loan Mortgage street and told to ``stay away from this.'' Night, Tuesday, June 30, 1998, the Huron Corp. But the FSB has misjudged their man. Playhouse will celebrate its Fiftieth Anniver- She has organized and run dozens of orga- Alexandr Nikitin and his family are standing up sary. nizations to improve housing either to the reactionary forces of the past. They do The Huron Playhouse is the oldest continu- communally or throughout the Borough. She this not only for themselves, but for millions of ing educational summer theater in the state of was instrumental in the Bronx being named Russians and millions of others on this planet Ohio. Over the past fifty years, the Huron one of America's top ten cities. who are endangered by ecological irrespon- Playhouse has been the summer home to Genevieve Brooks is being honored for her sibility and indifference. if we care about more than 475,000 attendees, who have come good works by being named Bronx Woman of human rights and the future of our planet, we to see 329 productions of some 262 different Distinction. No one is more deserving of this should add our voices in support of Alexandr plays. The successes of the Huron Playhouse, honor; no one has done more to earn it. Nikitin's cause. The Russian government E1226 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 1998 woud be better served by honoring the efforts treat the disease. She has had 38 surgeries know that we in the Congress are standing and integrity of citizens such as Alexandr overall and has been on dialysis for the last beside them in their fight against PKD. And Nikitin rather than trying to silence and punish 15 years. Heidi's mother has suffered from nu- that is the least we can do. him. merous life threatening complications including f f punctured lungs, pancreatitis, and numerous infections. However, the nurses and techni- CONCERNS FOR THE ENERGY AND GIFTED AND TALENTED STU- cians at her dialysis center call her the ``Ener- WATER DEVELOPMENT APPRO- DENTS EDUCATION ACT OF 1998 gizer Bunny,'' because she never gives up. PRIATIONS CONFERENCE RE- She has survived longer than almost anyone PORT HON. ELTON GALLEGLY else in Utah on dialysis. Heidi told me that her OF CALIFORNIA mother is an inspiration to her entire family be- HON. ED WHITFIELD cause, ``when you see her and her determina- OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES tion to live here on this earth you can't help IN THE HOUSE OF REPRESENTATIVES Wednesday, June 24, 1998 but feel uplifted.'' Wednesday, June 24, 1998 Mr. GALLEGLY. Mr. Speaker, today I will in- Heidi herself is 33 years old with three chil- troduce the Gifted and Talented Students Edu- dren, and has also been diagnosed with Poly- Mr. WHITFIELD. Mr. Speaker, two days ago cation Act of 1998 that would provide block cystic Kidney Disease, which is also known as the full House passed the FY 1999 Energy grants to states to identify and assist our na- PKD. Taking a cue from her indefatigable and Water Development Appropriations Bill. I tion's most gifted and talented students. mother, she is fighting to make a difference. was proud to lend my support to that bill, al- Gifted and talented students are this na- Heidi has become involved with Polycystic though there are several important issues af- tion's greatest natural resource. They are our Kidney Research Foundation. She came here fecting my District that I would like to bring to future Thomas Edisons, Langston Hughes, to Washington last week, which is when I had the attention of my House colleagues. George Gershwins and Albert Einsteins. Un- the pleasure of meeting her. Heidi called her- I represent the workers at the Paducah fortunately, these students are not being chal- self a rookie advocate, but she was extremely Gaseous Diffusion PlantÐone of two plants in lenged today and our nation is missing out on articulate in relating her family's compelling America that originally enriched uranium for their future achievements. According to Sec- story, and in advocating a greater federal our country's nuclear weapons production pro- retary of Education Richard Riley, our nation is commitment to PKD research. Heidi says that gram. Today, that uranium is sold to commer- facing a ``quiet crisis'' in that we are not appro- she wants to work to ensure that effective cial nuclear power companies. priately educating our nation's most gifted and treatments are available if her children in case The environmental cleanup associated with talented students. We must challenge these they develop PKD. the enrichment process is financed by the De- students with exceptional talent so they do not Six hundred thousand Americans suffer contamination and Decommissioning Fund. slip though the cracks and their talent does from PKD. As Heidi's story makes clear, it is The President requested $277 million for the not go untapped. a genetic disease. It is also very painful and D&D fund. The Senate bill includes $197 mil- lion while the House bill provides $225 million. My legislation addresses this ``quiet crisis'' debilitating. Sufferers are afflicted with cysts The federal government is responsible for by providing block grants to state education on both kidneys which impair their functions. this cleanup, Mr. Speaker, and further delays agencies to identify gifted and talented stu- More than half of those afflicted develop kid- will result in higher long-term costs. It is my dents from all economic, ethnic and racial ney failure. In fact, PKD is the third leading hope that the House and Senate conferees backgroundsÐincluding students of limited cause of kidney failure. PKD sufferers make will agree to fund the D&D program at the English proficiency and students with disabil- up approximately 10% of the End Stage Renal higher House-approved funding level. itiesÐand to provide support programs and Disease population in the U.S. Medicare and Another issue of special importance to me services to ensure these students achieve Medicaid End Stage Renal Disease coverage was raised by my colleague in the Senate, their full potential. Funding would be based on for PKD sufferers costs the government over MITCH MCCONNELL, during a floor discussion each state's student population, with each one billion dollars annually. with Senator PETE DOMENICI, Chairman of the state receiving a minimum of $1 million per Congress can help people like Heidi and her Energy and Water Development Appropria- year. family in their fight against the pain and the debilitating symptoms and complications of tions Subcommittee. I encourage all of my colleagues to join me PKD. The United States Enrichment Corporation in my commitment to ensure our nation's gift- First, we can fight for increasing funding for (USEC) currently manages the two uranium ed and talented students reach their fullest po- the NIH. I understand that the Appropriations enrichment plants in Paducah, Kentucky and tential and to ensure we have a new genera- Committee is in the process of considering a Portsmouth, Ohio. Legislation has already tion of Americans ready to meet the demand $1.25 billion increase in NIH funding. Mr. passed the Congress to privatize USEC and of the 21st Century. Speaker, I urge all of my colleagues to sup- final privatization action is imminent. Once that f port this needed spending increase. Corporation is privatized, I have been advised POLYCYSTIC KIDNEY DISEASE Second, we should let the NIH know that it that between 600 to 1,700 jobs will be lost at should increase the funding for PKD research the two plants. through the National Institute of Diabetes and I have also been told that USEC has ac- HON. MERRILL COOK Digestive and Kidney Diseases. NIH funding crued approximately $400 million on its books OF UTAH for this disease is low compared to the large for the purpose of cleaning up the uranium IN THE HOUSE OF REPRESENTATIVES number of individuals who are afflicted. In- waste generated by the enrichment process creased funding for PKD research would be a since USEC took over operation of the plants Wednesday, June 24, 1998 wise and compassionate investment. Sci- from the Department of Energy in 1993. How- Mr. COOK. Mr. Speaker, I rise today to entists have recently discovered the gene that ever, this money only remains available until share with my colleagues the story of a re- causes most cases of PKD and are working USEC is privatized and, at that point, the mon- markable woman from Salt Lake City. Her on finding ways to translate this discovery into ies would be transferred to the Treasury. story, and that of her family, brought home to treatments for the disease. Finally, as I have I oppose returning those funds to the Treas- me the reality of a tragic and widespread af- already noted, PKD costs the government ury when they were originally earmarked for fliction called Polycystic Kidney Disease, or over a billion dollars a year in Medicare and cleanup of USEC's uranium waste at both of PKD. Medicaid coverage for End Stage Renal Dis- the gaseous diffusion plants. Heidi Naylor suffers from PKD. So did her ease. Effective treatments will eliminate the It would be my hope that my colleagues on grandfather. So does her mother. So does her need for this spending. the Energy and Water Development Appro- aunt. So do two of her brothers and sisters. Mr. Speaker, I ask you and my colleagues priations Subcommittee will work with me to Her children may ultimately develop this dev- to consider that a relatively small investment ensure that the money earmarked for the pur- astating disease as well. in research at the NIH can end a great deal pose of cleaning up the uranium tails pro- Heidi's grandfather died from PKD when he of pain and suffering, and ultimately save the duced by USEC will continue to be dedicated was only 43 years old. Heidi's mother has un- Treasury billions of dollars. It will also help for these purposes and help mitigate job dergone surgery six times in a single month to Heidi Naylor and her family. It will let them losses at these plants. June 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1227 IN HONOR OF PAUL O’DWYER the year according to The Financial Times Federal Reserve Board estimated that some ``Money of the Mind: Borrowing and Lending in 60 percent of all American currency in exist- America from the Civil War to Michael Milken'', ence circulates overseas. The dollar has be- HON. CAROLYN McCARTHY come the Coca-Cola of monetary brands. OF NEW YORK ``Minding Mr. Market: Ten Years on Wall However, as Madison Avenue knows as well IN THE HOUSE OF REPRESENTATIVES Street with Grant's Interest Rate Observer'' as Wall Street, brand loyalties are fickle. In and ``The Trouble with Prosperity: The Loss of the early 1890’s, the United States Treasury Wednesday, June 24, 1998 Fear, the Rise of Speculation, and the Risk to was obliged to seek a bailout from the Mor- Mrs. MCCARTHY of New York. Mr. Speak- American Savings''. He is a frequent guest on gan bank. During the great inflation of the er, I rise to express my great sorrow at the news and financial programs, and his articles 1970’s, Italian hotel clerks, offered payments passing of a wonderful man, Mr. Paul O'Dwyer appear in a variety of publications. in dollars, rolled their eyes. The yen, today who died last night at his home in Goshen, reckoned dangerously weak at 140 or so to [From the New York Times, June 19, 1998] the dollar, was 360 as recently as 1971. The New York. Born in the tiny village of Bohola, EVERY CURRENCY CRUMBLES tendency of the purchasing power of every County Mayo, Ireland, Paul was one of eleven (By James Grant) paper currency down through the ages is to childrenÐthe youngest son of two school regress. Is there any good reason that the Currencies, being made of paper, are highly teachers. As a young man, Paul left his native dollar, universally esteemed today, should be flammable, and governments are forever try- different? home and like millions of his fellow country- ing to put out the fires. Thus a half decade None. Certainly, the deterioration of the men before him, set sail for America seeking before the bonfire of the baht, the rupiah and American balance-of-payments position a better life. He arrived in New York in 1926, the yen, there was the conflagration of the doesn’t bode well for the dollar’s long-term and found work as a laborer on the shipping markka, the lira and the pound. The dollar, exchange rate. Consuming more than it pro- today’s global standard of value, was smol- docks in lower Manhattan. While working long duces, the United States must finance the dering ominously as recently as 1992. hours by day as a laborer, Paul managed to shortfall. And it is privileged to be able to Monetary crises are almost as old as earn his law degree at night from St. John's pay its overseas bills with dollars, the cur- money. What is different today is the size of University Law school. rency that it alone can legally produce. these episodes. It isn’t every monetary era Thailand would be a richer country today if As a young attorney in New York, Paul be- that features recurrent seismic shifts in the the world would accept baht, and nothing came the driving political force among the Irish exchange values of so-called major cur- but baht, in exchange for goods and services. of New York. He was a man of tremendous rencies. On Wednesday morning, after co- It won’t, of course. America and the dollar energy, and more importantly, tremendous ordinated American and Japanese interven- are uniquely blessed. conviction. His office was open to all who tion, the weakling yen became 5 percent less Or were. France and Germany have led the needed help and he was always ready to weak in a matter of hours. movement to create a pan-European cur- champion a good cause. Whether it was sign- People with even a little bit of money rency, one that would compete with the dol- ing up African-American voters in the South ought to be asking what it’s made of. J.S.G. lar as both a store of value and a medium of Boggs, an American artist, has made an im- when they were being denied the right to vote; exchange. The euro, as the new monetary portant contribution to monetary theory brand is called, constitutes the first serious organizing efforts to break the British blockade with his lifelike paintings of dollar bills. So of Israel in 1948; fighting for the rights of competitive threat to the dollar since the authentic do these works appear—at least at glory days of the pound sterling. labor; or galvanizing the Irish-American move- first glance, before Mr. Boggs’ own signature In a world without a fixed standard of ment for justice in Northern Ireland, Paul ornamentation becomes apparent—that the value, a currency is strong or weak only in never saw a wrong he didn't try to right. Secret Service has investigated him for relation to other currencies. The dollar’s I speak for all who of us who knew an loved counterfeiting. ‘‘All money is art,’’ Mr. ‘‘strength,’’ therefore, is a mirror image of— Paul when I say he will be sorely missedÐbut Boggs has responded. for example—the yen’s ‘‘weakness.’’ It is not Currency management is a political art. necessarily a reflection of the excellence of his legacy will live on. I would like to extend The intrinsic value of a unit of currency is my deepest sympathy to Paul's wife, Patricia, the American economy. the cost of the paper and printing. The stat- And no degree of excellence can forestall a his sons, Brian, Rory, William, his daughter, ed value of a unit of currency derives from new monetary crisis indefinitely. Some mon- Eileen and the rest of his family. the confidence of the holder in the promises etary systems are better than others, and f of the issuing government. some last longer than others, but each and It cannot undergird confidence that the every one comes a cropper. The bezant, the EVERY CURRENCY CRUMBLES monetary fires are becoming six- and seven- standard gold coin of the Byzantine empire, alarmers. Writing in 1993 about the crisis of was minted for 800 years at the same weight the European Rate Mechanism (in which and fineness. The gold may still be in exist- HON. RON PAUL George Soros bested the Bank of England by OF TEXAS ence (in fact—no small recommendation for correcting anticipating a devaluation of the gold bullion—it probably is), but the empire IN THE HOUSE OF REPRESENTATIVES pound), a central bankers’ organization com- has fallen. Wednesday, June 24, 1998 mented: ‘‘Despite its geographical confine- After the 1994 crisis involving the Mexican ment to Europe, it is probably no exaggera- peso, the world’s financial establishment Mr. PAUL. Mr. Speaker, it has recently tion to say that the period from late 1991 to vowed to stave off a recurrence. Even as the come to my attention that James Grant has early 1993 witnessed the most severe and experts delivered their speeches, however, made a public warning regarding monetary cri- widespread foreign exchange market crisis Asian banks were overlending and Asian ses. In an Op-Ed entitled ``Every Currency since the breakdown of the Bretton Woods businesses were overborrowing; the credit- Crumbles'' in The New York Times on Friday, System 20 years ago.’’ But the European cri- cum-currency eruption followed in short June 19, 1998, he explains that monetary cri- sis has been handily eclipsed by the Asian order. Naturally, officials and editorialists one. ses are as old as money. Some monetary sys- are now calling for even better fire preven- Monetary systems have broken down every tion systems. tems outlive others: the Byzantine empire generation or so for the past century. The But ‘‘stability,’’ the goal so sought after, is minted the bezant, the standard gold coin, for true-blue international gold standard didn’t ever unattainable. The history of currencies 800 years with the same weight and fineness. survive World War I. Its successor, a half- is unambiguous. The law is, Ashes to ashes By contrast, the Japanese yen, he points out, strength gold standard, didn’t survive the and dust to dust. Great Depression. The Bretton Woods re- is considered significantly weak at 140 against f the U.S. dollar now to warrant intervention in gime—in which the dollar was convertible into gold and the other, lesser currencies CAMPAIGN FINANCE the foreign exchange markets but was 360 as were convertible into the dollar—didn’t sur- recently as 1971. The fiat U.S. dollar is not im- vive the inflationary period of the late 1960’s mune to the same fate as other paper cur- and early 1970’s. HON. LEE H. HAMILTON rencies. As Mr. Grant points out, ``The history Today, the unnamed successor to Bretton OF INDIANA of currencies is unambiguous. The law is, Woods is showing its years. The present-day IN THE HOUSE OF REPRESENTATIVES system is also dollar-based, but it differs Ashes to ashes and dust to dust.'' Wednesday, June 24, 1998 Mr. James Grant is the editor of Grant's In- from Bretton Woods in that the dollar is no terest Rate Observer, a financial publication, longer anchored to anything. It is defined as Mr. HAMILTON. Mr. Speaker, I insert my and editorial director of Grant's Municipal 100 cents and only as 100 cents. Its value is Washington Report for Wednesday, June 24, derived not from a specified weight of gold, 1998 in the CONGRESSIONAL RECORD. Bond Observer and Grant's Asia Observer. He as it was up until Aug. 15, 1971, but from the has also authored several books including the confidence of the market. LIMITING CAMPAIGN SPENDING biographical ``Bernard Baruch: Adventures of a For the moment, the market is highly con- Hoosiers will sometimes ask me why Con- Wall Street Legend'', the best financial book of fident. So is the world at large. In 1996, the gress doesn’t simply change the system for E1228 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 1998 financing congressional races. They are con- the candidates who spend the most usually, allegations of improper disclosures by his of- cerned about the rapidly escalating cost of but not always, win. Wealthy or well-funded fice to the press. campaigns and the ‘‘money chase’’ by can- candidates have a decided advantage in seek- didates, and there is usually a ‘‘Just fix it’’ ing office. Too many talented and energetic [From the National Law Journal, June 29, tone to their question. It can obviously be people simply choose not to run because they 1998] difficult for Members of Congress to change don’t have the stomach to get into the LIES, NOT LEAKS, REAL STARR ISSUE? CRITICS a system under which they were elected, but money chase or because they are dismissed SAY HIS LEAK DENIALS MAY HAVE VIO- there are other, more fundamental reasons as not being viable candidates without the LATED U.S. LAW why campaign finance reform is so dif- money. Incumbents are fully aware of this (By David E. Rovella) ficult—reasons arising out of a Supreme dynamic and they exploit it. They amass Kenneth W. Starr’s critics say the White- Court decision made more than two decades large war chests to scare away the competi- water independent counsel should be inves- ago. tion, and as a result many incumbents today tigated for leaking grand jury information. The Buckley case: The debate over cam- run unopposed. The upshot is that political But if he’s found to have done anything paign finance reform has become closely debate is curtailed, and people with large wrong, it may not be for leaking, but for linked to the First Amendment rights of amounts of money drown out everybody lying—the very offense Mr. Starr is trying to speech, expression, and association. In a fa- else’s speech. pin on the president. mous 1976 decision, Buckley v. Valeo, the Su- Corruption: Third, spending limits can be Such thinking has gained some currency preme Court held that the giving and spend- justified as a way to go after the threat of among lawyers connected to the investiga- ing of campaign contributions were forms of corruption. Most voters today believe their tion, but not because of Mr. Starr’s recently political speech protected by the U.S. Con- elected representatives are beholden to peo- published admission that he gave informa- stitution. The Court, however, distinguished ple and interests with money, not to them. tion to reporters—information some say may between the constitutional protection af- Many campaign contributions may come be protected by grand jury secrecy laws. In- forded campaign contributions to a can- from the candidate’s natural political base, stead, defense lawyers are focusing on state- didate by individuals, political action com- but if he has to seek an unlimited amount of ments Mr. Starr made in the past six mittees (PACs), or other groups and the pro- money he will have to tap money from out- months, statements that gave the impres- tection afforded campaign spending by the side his natural supporters. And that puts a sion that he never commented about such candidate or others for direct communica- lot of pressure on him to take positions he matters. tions with voters. Congress, the Court con- does not favor and do things he does not For example, a defense lawyer involved in cluded, could place reasonable limits on want to do. Every act an elected official the investigation says confidential memos campaign contributions to candidates be- takes, whether to vote one way or the other, sent by the Office of the Independent Counsel cause those contributions pose the possibil- to introduce a bill or not, to deliver a speech, to him and to the Justice Department deny ity of corruption, or at least the appearance to conduct a committee hearing, has to be such leaks. As a result, he argues, Mr. of corruption. Campaign spending by can- assessed in terms of its potential to attract Starr’s recent statements could make him didates or others, on the other hand, could or repel campaign funds. This situation feeds vulnerable under 18 U.S.C. 1001(a)(2), which not be so limited because the risk of corrup- voter cynicism and disillusionment with punishes false statements made to executive tion was less apparent and did not justify re- elected officials and with government. branch officials, such as U.S. Attorney Gen- strictions on the free speech rights of can- Conclusion: A host of legislative proposals eral Janet Reno. didates. to address these problems are being shot In short, Mr. Starr and Bill Clinton are ac- The Buckley case has been a very large ob- down by references to the Buckley decision cused of unseemly acts most people don’t stacle to meaningful campaign finance re- and the First Amendment. I have never un- care much about. For Mr. Clinton, the alle- form. The upshot of the decision is that Con- derstood the different treatment of contribu- gation is sex with a White House intern. For gress can properly limit the amount an indi- tions and expenditures in Buckley. My view Mr. Starr, it is allegedly illegal leaking. But vidual or PAC can give to a candidate, but is that if government is justified in restrict- if either man is brought down, it would not not the overall amount spent by any given ing contributions it is justified in limiting be because he committed an illicit act, but candidate. Congress has the authority to spending as well. Democracy can be threat- conceivably because he lied about it. limit campaign spending indirectly through ened by excessive activity on either the Just as Mr. Starr has been allowed to chase a voluntary system of public financing, as is spending or the contribution side of cam- evidence of Mr. Clinton’s lying or suborning used in Presidential campaigns, but resist- paign finance. perjury to cover up alleged sexual peccadil- ance to public financing makes that alter- It is time for the Supreme Court to review loes, lawyers representing possible targets of native unlikely. Buckley has helped spawn a and modify the Buckley decision. The gov- the Whitewater investigation say Ms. Reno campaign finance system where hundreds of ernment has a strong interest in restoring should appoint a special prosecutor to inves- millions of dollars are spent each year on the health of our democracy. The very es- tigate alleged leaks and any possible false federal elections. sence of representative government is chal- statements made by Mr. Starr. Justice offi- Need for reform: I believe it is time for the lenged by the present regime of money rais- cials would only say that the Office of Pro- Supreme Court to revisit the Buckley deci- ing. Money has produced a crisis in our fessional Responsibility is reviewing the ar- sion. I agree that campaign spending de- democratic system. Voters perceive that ticle in Brill’s Content magazine, published serves some protection as free speech, but money too often controls who runs and who June 15, in which Mr. Starr made his so- also believe spending can be restricted con- wins and that candidates spend too much called leak confession. sistent with the Constitution. As the Court time chasing money rather than listening to The independent counsel has said in at in Buckley acknowledged, campaign spend- them. They become disillusioned and their least three separate public statements that ing limits could be upheld if there were com- disillusionment leads to disengagement. information he provided to reporters did not pelling governmental interests to justify Surely the Court can find a way under our violate Rule 6(e)(2) of the Federal Rules of such limits. The Court did not find those Constitution to prevent money from skewing Criminal Procedure, which requires grand compelling interests existed in 1976. I believe electoral results or from disproportionately jury secrecy. But observers say even the pos- they exist today with over 20 years of docu- influencing the priorities, the activities, and sibility that he lied increases pressure on the mented evidence. the decisions of our elected representatives. Justice Department to launch an unprece- Time fundraising: First, spending caps can We simply have to find a way to preserve de- be justified as a way to limit the harmful ef- dented probe of the independent counsel. mocracy without sacrificing free speech. If ‘‘It’s very parallel to Clinton and fects of fundraising on the legislative process we are to find a way to reinvigorate our de- Lewinsky,’’ says former Iran-Contra associ- and our system of representative govern- mocracy, we must reexamine the Buckley ate independent counsel Gerard E. Lynch. ment. Candidates today are engaged in an case. ‘‘The question of leaks, like the question of ever-escalating effort to raise money. In 1976 consensual oral sex, is something only two my campaign cost about $100,000; in the last f people know about, and neither one wants to election it cost $1 million. The practical ef- tell.’’ fect of the money chase is that candidates STARR’S PREVIOUS DENIAL OF spend more time raising money and less time LEAKS MAY HAVE VIOLATED THE DEFENSE OF STARR meeting with constituents and doing their THE LAW In a June 16 letter to Mr. Starr, Clinton legislative work. They are not gathering in- lawyer David E. Kendall listed various points formation, analyzing policy, or debating the HON. JOHN CONYERS, JR. during the six-month Lewinsky investiga- issues with their fellow Members. They are tion when Mr. Starr had publicly declined to OF MICHIGAN not learning what questions and problems comment on grand jury matters, citing se- most trouble the voters or going to public fo- IN THE HOUSE OF REPRESENTATIVES crecy concerns. One lawyer close to the in- rums to hold their views up to public scru- Wednesday, June 24, 1998 vestigation, who requested not to be identi- tiny. Consequently, the legislative process fied, says that when complaints about al- suffers. Mr. CONYERS. Mr. Speaker, I enter into the leged leaking by Mr. Starr were filed with Money wins: Second, spending caps can be RECORD the following article from the National Deputy Attorney General Eric Holder Jr., justified as a way to reduce anti-competitive Law Journal concerning legal issues that have Mr. Starr responded with scathing denials. electoral practices. The simple fact is that been raised by Mr. Starr's previous denials of ‘‘He had made statements to Justice that he June 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1229 had not done these things,’’ the lawyer says. INTRODUCTION OF THE VIRGINIA being asked to supply the equipment or Neither Mr. Starr nor the Justice Depart- FLOOD CONTROL BILL human resources to get the removal projects ment would comment on whether such underway? My constituents and I strongly be- memos were sent or what they may have contained. HON. BOB GOODLATTE lieve that they should not be. But Mr. Starr’s carefully worded state- OF VIRGINIA I urge my colleagues to support this legisla- ment tracks his defense against such IN THE HOUSE OF REPRESENTATIVES tion. charges. In the magazine article, he stated Wednesday, June 24, 1998 f that his talks with reporters did not violate grand jury secrecy because the information Mr. GOODLATTE. Mr. Speaker, I rise today ENERGY AND WATER DEVELOP- provided stemmed from interviews with to introduce a bill that is designed to alleviate MENT APPROPRIATIONS ACT, grand jury witnesses before they testified. a serious problem for flood victims. In 1996, 1999 If there ever is an investigation, there re- much of the southeastern region of our coun- mains some question of how Justice would SPEECH OF probe the OIC without compromising its try took the brunt of the punches hurricane independence. ‘‘Most 6(e) cases tend to be Fran could muster. Soon thereafter, Congress HON. JOSE´ E. SERRANO reacted by sending emergency aid to help re- [Freedom of Information Act] cases, media OF NEW YORK requests to open the court—not dealing with build the lives of those caught by this natural IN THE HOUSE OF REPRESENTATIVES the behavior of the prosecutor,’’ says former disaster. Many of my constituents were recipi- Iran-Contra associate independent counsel ents of that aid and were grateful for it. How- Monday, June 22, 1998 John Q. Barrett. ever, the bureaucracy that accompanied some The House in Committee of the Whole Experts say Ms. Reno could use her general of Congress' best intentions was not as wel- powers to appoint a ‘‘Regulatory Special House on the State of the Union had under Prosecutor,’’ similar to those appointed comed. consideration the bill (H.R. 4060) making ap- prior to the independent counsel law. This, The people of the 6th district of Virginia are propriations for energy and water develop- they say, is preferable to seeking another good, hard working, self-reliant people. Their ment for the fiscal year ending September 30, independent counsel—which would likely be first reaction was not to look for government 1999, and for other purposes. denied by the Special Division of the U.S. intervention when calamity struck. Instead, Mr. SERRANO. Mr. Chairman, I would like Circuit Court of Appeals for the District of they turned to their families and neighbors and to express my support for the Energy and Columbia—or to asking Mr. Starr to expand told each other that it was time to go to work. Water Development Appropriations bill that we the mandate of former DOJ official Michael The flooding caused by Hurricane Fran in are voting on today on the House floor. With Shaheen, who is probing alleged payoffs of Allegheny, Augusta, Rockbridge, and Rocking- Whitewater witness David Hale by right- limited resources, this bill funds a diverse ham Counties dumped tons of rock and other array of programs, everything from flood con- wing groups. debris in fields, pastures, living rooms and THE ‘‘DOW JONES’’ CASE trol projects to renewable energy technologies, basements. My constituents, the farmers and in a truly bipartisan way. Both the leaking and lying charges hinge landowners, wanted simply to start their trac- on a May 8 ruling by the D.C. Circuit that I would also like to take this opportunity to tors, put their gloves on and begin moving dealt with media access to hearings spawned recognize the outstanding contributions of two rocks. However, federal bureaucrats told them by the Whitwater grand jury. A passage in statesmen, Chairman MCDADE and the Rank- they needed to apply for a permit to put their the ruling, which may be a nonbinding dic- ing Member VIC FAZIO. Both of these Mem- lives back together. tum because it doesn’t directly involve bers have served this institution with distinc- If the farmers and landowners came crying media access, contradicts Mr. Starr’s initial tion and have managed to once again care- assertions that he did not breach 6(e). In Re: to the government for help to move the debris, Motions of Dow Jones & Co., 98–3033. Circuit one might understand the federal cries for fully balance the diverse needs of our nation Judge A. Raymond Randolph addressed delay. But these folks were simply doing what in a carefully crafted bill. VIC FAZIO and JOE 6(e)(2), which requires secrecy for ‘‘matters they were always taught; if you want to get a MCDADE have been my friends, as well as col- occurring before the grand jury.’’ job done right, do it yourself. Imagine their leagues, and their sense of fairness and ability ‘‘This phrase . . . includes not only what to listen will be missed. has occurred and what is occurring, but also frustration when someone, probably from Washington, DC, came by and threatened to The people in the South Bronx are particu- what is likely to occur,’’ he wrote. ‘‘Encom- larly grateful that funding was provided in this passed within the rule[is] . . . the substance fine them if they continued to move the rocks of testimony [and the] strategy or direction without a permit. bill for the Corps of Engineers to initiate and of the investigation.’’ Homer Allman, a landowner in Rockingham complete a reconnaissance report for flood Some experts who say that using 18 U.S.C. County, told me the so-called ``repairs'' the control, environmental restoration and other 1001’s prohibitions of lying against Mr. Starr government so readily provided left nothing to related purposes of the Bronx River. The res- would be a stretch also say they doubt the be spoken for. ``The work they did is already toration of the Bronx River is very important to potency of Dow Jones on 6(e). ‘‘If I were a eroding,'' he said. ``they provided me with six the community that I represent, and this re- special prosecutor assigned to pursue this connaissance study will give the community theory, it wouldn’t be a slam-dunk,’’ says people who took three or four days to work on Mr. Lynch. a plot of 1500 square feet of land that needed the valuable information that it needs as it pro- Another facet of Mr. Starr’s defense deals attention. In result, they made no banking and ceeds with its numerous efforts on behalf of with charges that his alleged leaking vio- bore out a 50-foot channel. I could have done the Bronx River. lates Justice Department policies. Under 28 that in one afternoon with my bulldozer, and Secondly, the Bronx community is deeply U.S.C. 594(f)(1) of the independent counsel saved the taxpayer money.'' appreciative of the funding that was provided act, Mr. Starr must obey the ‘‘established Another landowner and constituent of mine, for the Corps of Engineers to continue design policies’’ of the Justice Department, ‘‘except Page Will, observed that once the Army Corps and construction activities at Orchard Beach in to the extent that to do so would be incon- New York. More than two million people, many sistent’’ with the act. of Engineers relaxed some permitting require- One of those policies is Rule 1–7.530 of the ments, regular folks dug in and the work was low-income and minority, visit Orchard Beach U.S. Attorney’s Manual. While barring me- completed. This is the impetus and spirit of my every year. Unfortunately, the beach is suffer- dial contact concerning ongoing investiga- bill. Once we get the federal bureaucrats and ing from severe erosion and the sand needs tions, the rule makes an exception for ‘‘mat- their political way of prioritizing emergency to be replenished. In their March 1992 report, ters that have already received substantial projects out of the way, stream beds were the Corps of Engineers New York District re- publicity, or about which the community cleared, banks were stabilized, and debris re- ferred to this project as ``environmentally ac- needs to be reassured.’’ Mr. Starr says he was ceptable with the potential to serve as a dem- obligated to correct misinformation in the moved from pastures.'' press, and therefore his press comments fell My bill prohibits the Secretary of Agriculture, onstration for tidal wetland restoration, provide under that exception. (Mr. Lynch says that or other executive branch officials, from pre- direct environmental benefits and indirect edu- this argument is ‘‘a little lame.’’) venting a State or local government to remove cational value to the local population.'' However, the independent counsel law may any rocks or other debris from land or water In conclusion, I would like to reaffirm my relieve Mr. Starr of having to follow 1–7.530 when the primary purpose of the removal op- strong support for this legislation and for the at all, if he feels that doing so would be ‘‘in- eration is to reduce the risk and severity of way in which it both carefully balances the consistent’’ with the act. But Mr. Lynch says this provision of the subsequent flooding. I fail to see the need for needs of our nation and takes into account the law isn’t a free ride. Mr. Starr ‘‘is not a total federal intervention in what is seemingly their very specific needs of the residents of the free agent; he’s a substitute for a regular right to fix as landowners. South Bronx. Also, I would like to again ex- prosecutor,’’ he says. ‘‘You’re not supposed It's as simple as that. Why does the federal press my deep appreciation for the fine work to make up your own rules along the way.’’ government have to get involved if it isn't and many contributions of VIC FAZIO and JOE E1230 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 1998

MCDADE. They will both be missed, and I wish ally-imposed hiatus will create a unified and THE DEPUTY SECRETARY them success in their future endeavors. concerted effort ultimately leading to a fair OF THE TREASURY, f solution for states and localities, the Inter- Washington, June 23, 1998. net industry and their customers. The dra- Hon. NEWT GINGRICH, INTERNET TAX FREEDOM ACT matic growth in the Internet industry re- Speaker of the House, U.S. House of Represent- quires that action on this legislation should atives, Washington, DC. DEAR MR. SPEAKER: As the House prepares SPEECH OF occur sooner rather that later.’’ to consider H.R. 4105, the Internet Tax Free- HON. CHRISTOPHER COX CA Tax Board Chairman Dean Andal: ‘‘In- dom Act, I welcome the opportunity to share stead of applying traditional legal concepts OF CALIFORNIA the Administration’s views on this impor- to the taxation of electronic commerce, tant legislation. IN THE HOUSE OF REPRESENTATIVES state tax bureaucrats are becoming legal The Administration strongly supports a Monday, June 22, 1998 contortionists in an attempt to tax Internet temporary and appropriate moratorium on sales. The resulting confusion among pro- taxation of the Internet and electronic com- Mr. COX of California. Mr. Speaker, even merce. The dramatic growth of the Internet spective Internet merchants and service pro- prior to recent changes which enabled the and electronic commerce is creating jobs and viders could substantially impede the devel- Internet Tax Freedom Act to be endorsed by economic growth, expanding customer opment of Internet commerce. Congress the National Associated of Governors, Na- choice, and making U.S. firms more competi- must act, as it should have long ago, to tive in global markets. We would not want tional Conference of State Legislatures, and clearly identify the boundaries of state tax- other state and local government groups, the duplicative, discriminatory or inappropriate ation of interstate commerce.’’ taxation by 30,000 different state and local bill had already been endorsed by a number tax jurisdictions to stunt the development of of prominent individual Governors, State law- NY Gov. George Pataki: ‘‘New York’s ef- forts alone are not enough. There must be a what President Clinton has called ‘‘the most makers, State Treasurers and tax collectors. national effort to protect the Internet from promising new economic opportunity in dec- I'd particularly like to single out for thanks a myriad of new taxes and reporting require- ades.’’ Thus, any taxation of the Internet the support of California Gov. Pete Wilson, ments that would hurt the development of and electronic commerce must be clear, con- sistent, neutral, and non-discriminatory. New York Gov. George Pataki, Massachusetts the whole industry and the jobs that go with Gov. Paul Cellucci, Virginia Gov. Jim Gilmore, At the same time, we must not allow the it. Ordinarily such taxes would be within the Internet to become a tax haven that drains former Massachusetts Gov. Bill Weld, former jurisdiction of the states. Since the Internet the sales tax and other revenues that our Virginia Gov. George Allen, California Board of does not respect traditional geographic bor- states and cities need to educate our chil- Equalization Chairman Dean Andal, former ders, Congressional action that would have a dren and keep our streets safe. In conjunc- Federation of Tax Administrators president beneficial effect on the development of on- tion with this moratorium, we need to estab- Ernie Dronenburg, Ohio Treasurer Ken line commerce in both New York State and lish a commission that will explore the Blackwell, Utah Senate Democrat Leader the nation is justified and desirable.’’ longer-term tax issues raised by electronic Scott Howell, and Maryland House Republican Former VA Gov. George Allen: ‘‘The mora- commerce, and develop a policy framework that is fair to states and localities while al- Leader Martha Klima. (Attachment # 1). torium on Internet taxation called for by lowing the Internet to earn its fair place in this legislation has the potential to boost The Internet Tax Freedom Act is strongly the ever-changing business world. supported by President Clinton, who endorsed the long-term growth and utilization of this The Administration strongly urges the the legislation in February 1998 in a speech to technology tool in Virginia and across the House to act now to pass this legislation as high-tech executives. The legislation is also nation. As a strong supporter of the Con- we work to accomplish these two goals. The supported by the U.S. Treasury Department, stitution’s rich federalist tradition and a Administration will have suggestions for im- which endorsed the legislation in May 1997 in firm believer in common-sense Jeffersonian proving the bill, but we believe that any out- conservative principles, I recognize the ap- testimony before Congress. I'd like to insert standing issues can be resolved in a House- parent tension created by this legislation be- Senate conference. into the Record the following letter of support tween the important principles of lower The Office of Management and Budget has form the Deputy Secretary of the Treasury, the taxes and State sovereignty. I firmly believe, advised that there is no objection from the Honorable Lawrence H. Summers. (Attach- however, that the proper balance exists in standpoint of the Administration’s program ment # 2). this bill between these two seemingly dis- to the presentation of this report. In addition to significant support from promi- tinct ideals.’’ Sincerely, LAWRENCE H. SUMMERS. nent stated officials and President Clinton, the Former MA Gov. Bill Weld: ‘‘The real Internet Tax Freedom Act has also garnered threat to Massachusetts’ future economic support from a broad and diverse coalition of health is the taxing power of hundreds of ju- CHAMBER OF COMMERCE, individuals and organizations, consumer and risdictions who are thinking only of maxi- June 23, 1998. Hon. CHRISTOPHER COX, taxpayer advocates, and service and trade as- mizing their tax revenue and not considering U.S. House of Representatives, Washington, DC. sociations representing businesses involved in the creative energy and potential of the DEAR REPRESENTATIVE COX: On behalf of the Internet community. I'd like to ask that Internet. The Congress has a constitutional the U.S. Chamber of Commerce, the world’s several letters of support from these individ- obligation to assess the various threats to largest business federation, representing uals and organizations be placed in the the nation’s interstate commerce.’’ more than three million businesses and orga- RECORD. (Attachment # 3). MD House of Delegates Republican leader nizations of every size, sector, and region, we urge you to support the Internet Tax Free- STATEMENTS OF PROMINENT STATE Martha Klima: ‘‘States’ rights are enor- dom Act when it comes before the House LAWMAKERS AND OFFICIALS WHO mously protested by many of us in the state legislatures, but I hope that in this instance, floor. SUPPORT THE INTERNET TAX FREE- The U.S. Chamber views the successful de- you help protect us from ourselves and re- DOM ACT velopment of electronic commerce as essen- quire a satisfactory moratorium prohibiting VA Gov. Jim Gilmore: ‘‘Virginia’s Internet tial to the future health of American busi- state and local governments from various community is a thriving forum for commer- ness. Today’s patchwork of state and local cial innovation and entrepreneurship. Now is forms of taxation.’’ taxes on the Internet interferes with the free not the time to tax the infant but promising UT Senate Democrat leader Scott Howell: flow of electronic commerce and, if current marketplace of electronic commerce. Vir- ‘‘A national moratorium is consistent with trends continue, will reduce the potential of ginia must foster the economic growth of the efforts in several states to discourage pre- the Internet as a new frontier for commerce. Internet rather than thwart it with a state- cipitous Internet taxation by local govern- The Internet Tax Freedom Act’s moratorium by-state patchwork of burdensome tax poli- ments. We also believe that the consultative on state and local taxes on the Internet or cies.’’ approach is a sensible way to provide breath- interactive computer services, will ease the CA Gov. Pete Wilson: ‘‘The Internet is a ing room to form a federal-state and inter- burden on electronic commerce. newly emerging business tool that holds Passage of the Internet Tax Freedom Act national consensus on Internet policies. We great promise for commercial uses, and your would compliment well the Senate compan- understand that eventually there may be bill will ensure that the Internet industry ion bill, S. 442, which has a six-year morato- sufficient commerce taking place on the will have a chance to develop without the rium on all existing and future taxes on elec- market distortions caused by a haphazard Internet to be considered as a source of tax tronic commerce. Making the Internet more tax structure. Without that protection, revenues for states, but that level of activity accessible for small business owners is a countless potential businesses will never still lies several years in the future. In the major concern for the U.S. Chamber and we have the opportunity to succeed.’’ meantime, we think it is necessary for fed- may consider using this vote in our annual Former Federation of Tax Administrators eral, state, local, and even international pol- How They Voted vote ratings. President Ernie Dronenburg: ‘‘I am confident icy makers to develop broadly-agreed-to The U.S. Chamber commends the House on that the Internet Tax Freedom Act’s feder- comprehensive policy.’’ its efforts concerning this issue, and pledges June 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1231 to continue working with both Houses of the-road for the taxation of Internet com- ment ought not choose one technology over Congress to enact this landmark legislation. merce—rules that will allow e-commerce to another or one type of transaction over an- Successful passage of the Internet Tax Free- flourish both at home and abroad. The mem- other, and consumers should know what to dom Act will be critical for the future of bers of our coalition feel this bill is essential expect of our laws. electronic commerce and for the future of if America is to realize the full potential of Again, we commend your efforts to ensure private enterprise. the Internet and electronic commerce. The a neutral and consistent tax policy that will Sincerely, alternative, which we have begun to glimpse not hamper development of electronic com- R. BRUCE JOSTEN. in the past two years, is a rush by numerous merce. state and local authorities to tax this excit- Sincerely, ing new medium, leaving consumers con- Grover G. Norquist, President, Ameri- CITIZENS AGAINST GOVERNMENT WASTE fused or disadvantaged, and online busi- cans for Tax Reform. James L. PORK CHOPS nesses facing a host of overlapping and dis- Gattuso, Vice President, The Competi- TALKING POINTS ON WASTE ISSUES BEFORE THE criminatory tax demands. tive Enterprise Institute. Paul 105TH CONGRESS The Internet is changing the way Ameri- Beckner, President, Citizens for a THE INTERNET TAX MORATORIUM ACT (H.R. 3529) cans interact, shop, do business and learn. Sound Economy. Thomas Duesterberg, ‘‘ESTABLISHING A NATIONAL POLICY AGAINST By enacting the ITFA, Congress would en- The Hudson Institute. TAXING INFORMATION’’ sure millions of citizens that their use of the f On June 17, the House Judiciary Commit- Internet will not be stifled by overreaching tee approved the Internet Tax Freedom Act or unfair taxation. The ITFA was reported out of both the THE SAVINGS AND INVESTMENT (H.R. 3529), a bill that imposes a three-year RELIEF ACT OF 1998 moratorium on new taxes targeted at Inter- Commerce and Judiciary Committees with- net users. Rep. Chris Cox R–Calif.), a sponsor out dissent, and enjoys strong, bipartisan of the legislation, praised the committee ac- support. We hope you will lend it your sup- port, as well, when H.R. 4105 is considered HON. GERALD B.H. SOLOMON tion, stating: ‘‘We are one step closer to es- OF NEW YORK tablishing a national policy against taxing today on the House floor. information.’’ The Internet Tax Fairness Coalition IN THE HOUSE OF REPRESENTATIVES Electronic commerce is a rapidly growing (www.stopnettax.org) is a coalition of lead- Thursday, June 25, 1998 industry. One-third of all Internet users ing Internet and high-tech companies and bought products online within the last year. trade associations that supports the fair and Mr. SOLOMON. Mr. Speaker, I rise today to Commerce on the Internet is expected to equitable tax treatment of the Internet and introduce H.R. 4120, the Savings and Invest- grow to $327 billion by 2002 if undue regula- online services. The Coalition believes Con- ment Relief Act of 1998. This legislation would tion is not imposed, according to Forrester gressional action is necessary to implement provide relief to every American who invests in a moratorium to address Internet-related tax Research Inc., a Massachusetts consulting the stock market. Fortunately, Mr. Speaker, in firm. issues. Sincerely, this day and age, the stock market is no More and more businesses are offering longer the sole province of the rich and the their services over the Net—more than 25 THE INTERNET TAX FAIRNESS COALITION. percent of all small businesses have already MEMBERS elite. Our capital markets, which are the most established an Internet presence, according America Online, Inc., American Elec- liquid and efficient in the world, are accessible to one survey. Online stores, such as Ama- tronics Association, American Hotel & Motel to virtually every American. In fact, as of 1995, zon.com and Dell Computer, are finding out Association, American Society of Associa- nearly half of all households in America owned that they can build real businesses selling tion Executives, Americans for Tax Reform, stock, either individually, in a mutual fund or products online. Total Web-related revenues Association of Online Professionals, Business through a pension plan. However, I suspect generated $24 billion in 1997, nearly double Software Alliance, California Internet Indus- that many of these Americans do not know the amount from the previous year. try Alliance, Charles Schwab & Co., Inc., that they are subject to a tax every time Total Web-related revenues are projected Citizens for a Sound Economy, to reach $1 trillion by 2000, according to one CommerceNet, Commercial Internet Ex- theyÐor their pension plan or mutual fundÐ industry analysis. Others, including the ac- change, Computer Software Industry Asso- sell stock. This tax yields the government hun- counting form of Arthur Andersen, have put ciation, Computer Technology Industry As- dreds of millions of dollars in revenue each this figure between $150 and $600 billion. In sociation, DCI, Frontiers for Freedom, Hew- year. This is in addition to the income taxes 1996, the U.S. Treasury Department pro- lett Packard, IBM, Information Industry As- and capital gains taxes which Americans are jected more conservative online revenues of sociation, Information Technology Associa- already paying. $70 billion by 2000. tion of America, Interactive Services Asso- Under our securities laws, the Securities A KPMG Peat Marwick survey found that ciation, International Mass Retail Associa- and Exchange Commission (SEC) collects more than half of participating financial ex- tion, Microsoft Corporation, National Asso- ecutives responded that ambiguous state and ciation of Realtors, National Retail Federa- transaction fees on sales of stocks. These local tax laws are already inhibiting their in- tion, NCR Corporation, Securities Industry fees were originally designed solely to fund volvement in electronic commerce. An Association, Silicon Valley Software Indus- the SEC's regulation and supervision of the alarming 20 percent of executives were so try Coalition, Software Forum, Software securities markets. The SEC's role in protect- confused by the tax situation that they did Publishers Association, Ticketmaster, US ing investors is critical, and the hardworking not know if their companies were even sub- Chamber of Commerce, US Internet Council, members of the Commission and its staff ject to sales and transaction taxes for the US West. should be commended for the good job that sale of products over the Internet. The Internet Tax Freedom Act provides for they do. However, the SEC is now collecting tax-free Internet access and prohibits state JUNE 23, 1998. transaction fees far in excess of what it needs and local governments from imposing taxes Hon. CHRISTOPHER COX, to carry out these functions, transforming what on Internet access charges. Taxes on Inter- The U.S. Capitol, Washington, DC. was intended to be a user fee with a specific net access, online services, and ‘‘bit taxes’’ DEAR REPRESENTATIVE COX: Congratula- tions on your efforts to prevent unfair tax- purpose into a huge, general tax. are expressly banned for three years. When Congress enacted the National Secu- The Internet Tax Freedom Act prevents ation of the Internet. The Internet and the development of elec- rities Markets Improvement Act of 1996 multiple or discriminatory taxes on the tronic commerce present difficult policy Internet and protects consumers and vendors (NSMIA), we intended to bring total SEC fee questions in areas as diverse as tax, privacy, who buy and sell over the information Super- collections, which had already grown to signifi- liability and telecommunications regulation. highway. cantly exceed the Commission's budget, more However, we believe it is best to adhere to in line with its costs. However, in fiscal year time-tested principles like consumer choice, 1997, total SEC collections actually grew to THE INTERNET TAX FAIRNESS COALITION, deregulation and competition. We believe June 23, 1998. that tax policy should not discriminate 324% of its appropriated budget authority, and DEAR MEMBER OF CONGRESS: Today, H.R. against electronic commerce. 382% of its requested budget. Frankly, Mr. 4105, the Internet Tax Freedom Act, will be We have long believed that lower taxes and Speaker, this situation is ridiculous and it must brought to the floor of the House. We urge a smaller government are keys to a success- be addressed. We talk a lot on this floor about your support of this important legislation. ful and healthy economy. American consum- common sense government and about putting As you know, the Internet Tax Freedom ers and retailers are benefiting as a part of money back in the pockets of the ordinary, Act (ITFA) would place a temporary morato- the marketplace becomes electronic: the hardworking Americans. The legislation I am rium on taxation of Internet access and dis- Internet provides more consumer choice and criminatory taxation of electronic com- is a growing market for consumers from introducing today would accomplish both of merce. This ‘‘time-out’’ will enable consum- around the world. these objectives. ers, businesses, and local governments to es- The laws that you create must be neutral Mr. Speaker, my bill is really very simple. It tablish fair and non-discriminatory rules-of- and consistent. Stated another way, govern- would cap annual collections of transaction E1232 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 1998 fees assessed on trades of NASDAQ and ex- The Corps has contributed on many occa- The building continued with the present upper change-listed stocks, so that when the Com- sions over the recent decades in providing val- church, an additional school building con- mission had collected all the money it needs uable scientific and engineering skills, espe- structed. The parish adapted to a newer con- for the year, the fee would simply shut off. All cially in times of national emergencies. The gregation by expanding daycare and programs we are saying with this bill is that once the Corps made immediate vital contributions dur- for the homebound and elderly and establish- SEC has collected sufficient money to fund ing both Operations Desert Shield and Desert ing a food pantry. itself, then investors do not have to pay any Storm. NOAA provided ship, aircraft, and tech- I salute the parish of St. Frances of Rome. more fees. nical skills during the Golf War to assess the What it has given to the growth of the Bronx At the same time, Mr. Speaker, my bill oil-based environmental damages caused by and to New York City cannot be measured in would offer more flexibility than under current Iraq. Shore personnel contributed scientific ex- mere numbers. The spiritual unity it has con- law and ensure that the SEC always has suffi- pertise in hazardous materials management, ferred on us has made us a community. cient money to carry out its important mission while a NOAA ship carried scientists in the f of protecting investors. The bill provides that Gulf to evaluate the extent of environmental HONORING DAN AND BOBBIE for any year in which the SEC does not collect damages. In another recent example, NOAA JENSEN enough fee revenue to cover its budget, the Corps officers and ships provided crucial sur- Appropriations Committee can temporarily vey support in response to the TWA Flight 800 raise the transaction fee rate through an Ap- recovery effort. The Corps swiftly located the HON. BOB SCHAFFER propriations Act to ensure that sufficient wreckage of TWA Flight 800 and created high- OF COLORADO money is collected to fund SEC functions for ly detailed map products which greatly facili- IN THE HOUSE OF REPRESENTATIVES that fiscal year. tated the retrieval of wreckage by Navy divers. Thursday, June 25, 1998 I urge all Members to support this important Today, the NOAA Corps expertly performs Mr. BOB SCHAFFER of Colorado. Mr. legislation which would save a substantial its missions, whether in charting our Nation's amount of money for millions of American in- Speaker, it is my honor to come to the floor coastline, assessing our fisheries stocks, or today to honor Dan and Bobbie Jensen of Fort vestors, and guarantee that the SEC always flying into hurricanes for scientific research has enough funding to carry out its critical Collins, Colorado. They offer an example of and the humanitarian need to produce better honesty and integrity, which my colleagues in function of protecting shareholders. safety warnings for the protection of life and f Congress, and all Americans, would be wise property. NOAA Corps officers serve in NOAA to emulate. CONGRATULATING THE NOAA research laboratories and program offices Raising two beautiful girls, Dan and Bobbie CORPS ON ITS 81ST ANNIVERSARY throughout the Nation and in remote locations are dedicated to their family. Whether it was around the world. These officers remain ready cheerleading, a track meet, or a choir perform- HON. CONSTANCE A. MORELLA to apply their science and service skills to the ance, the girls could always count on their OF MARYLAND many problems facing the United States in the parents to be there supporting and cheering IN THE HOUSE OF REPRESENTATIVES management and study of oceanic and atmos- them on. The Jensens worked hard to make pheric resources. Thursday, June 25, 1998 sure their children learned to make respon- I extend my warmest congratulations to the sible choices regardless of the cost or situa- Mrs. MORELLA. Mr. Speaker, this year men and women of the NOAA Corps on this tion, and these loving lessons are now being marks the 81st anniversary of the National 81st anniversary. The expertise and flexibility passed on to their three grandchildren. Oceanic and Atmospheric Administration Com- that the Corps has demonstrated in the past Their family watched as Dan and Bobbie missioned Corps. Known as ``America's Sev- will serve the Nation for years to come. The worked together to build their home develop- enth Service,'' the officers of the NOAA Corps NOAA Corps has reached a celebrated mile- ment company, Jensen Homes, into one of are an integral part of the National Oceanic stone, and I wish it an even greater future. the most successful companies in Fort Collins. and Atmospheric Administration who serve f Running a successful business is never easy, with distinction throughout this multi-discipli- but even when things were tough, they made nary scientific organization. I am proud to con- HONORING ST. FRANCES OF ROME sacrifices to insure all of their employees and gratulate the NOAA Corps for 81 years of vendors were paid in full. They didn't do this dedicated service to our Nation. HON. ELIOT L. ENGEL The NOAA Corps was designed to allow for for a pat on the back, or because it was OF NEW YORK forced on themÐthey simply did it because it flexibility in the assignment of professionals to IN THE HOUSE OF REPRESENTATIVES remote, hazardous, or otherwise arduous du- was the right thing to do. Dan and Bobbie's dedication has extended ties throughout the wide range of vital environ- Thursday, June 25, 1998 beyond their immediate family and business, mental and stewardship activities encom- Mr. ENGEL. Mr. Speaker, St. Frances of and has been an true asset to the community. passed by NOAA. Corps officers today com- Rome celebrates its centenary this year; one Their commitment to living out their faith led bine such unique qualifications as: research hundred years of neighborhood building in the them to help create ``Man Alive,'' a ministry ship and aircraft operations; technical exper- Bronx. program dedicated to strengthening the family. tise with advanced academic backgrounds in In 1898, using a tent with a cross atop it, St. Through Man Alive, speakers such as Dave hydrography, geodesy, fisheries sciences, me- Frances of Rome was founded in the mostly Roever, Dr. Malcolm Smith, and Pastor James teorology, and oceanography; and leadership Irish, German and Italian Wakefield section. Ryle of Promise Keepers, have come to our in technical program and data management Three years later a wooden church building community to share a message of hope for contributing to the coherence, integrity, and ef- was erected and soon after the growth of the our youth, and encouragement for men to rec- fectiveness of the administrative structure of parish caused a Mission Church to be estab- ognize God's calling in their lives. lished in the nearby Woodlawn area. Further NOAA. Mr. Speaker, Dan and Bobbie's life together The dedicated scientists, engineers, and of- growth in the parish led to it being subdivided is a true inspiration. I am proud to represent ficers of the uniformed NOAA Corps have a and the Mission Church became St. Barnabas them in Congress, and on the occasion of long and decorated tradition of providing mo- Church. their 27th wedding anniversary I wish them bility, flexibility, operational, and professional By the mid 1920's property was acquired for many more years of happiness. skills in the unique response capability to our a more permanent church and in that same f Nation. The Corps houses experts in nautical decade the school for St. Frances of Rome charting and hydrographic surveying. These was started. The basement church was THE MEDICARE CONTRACTING functions are vital to our national interest to opened on Easter Sunday in 1926 with the FLEXIBILITY ACT OF 1998 ensure the continued safe navigation of trade. rectory being constructed about the same NOAA Corps pilots provide critical operations time. In 1928 Father Moore, the first pastor of HON. FORTNEY PETE STARK when conducting low-altitude penetration mis- the church and a man of vision and energy, OF CALIFORNIA sions of hurricanes and tropical storms in sup- died. The great cross on the church is dedi- IN THE HOUSE OF REPRESENTATIVES port of weather research and prediction. Corps cated to him and the street outside was re- officers supply the data collection and man- named Moore Plaza. Thursday, June 25, 1998 agement that are requisite to ensuring accu- In the following years the growth of the par- Mr. STARK. Mr. Speaker, I am pleased to rate fisheries stock, turtle, and marine mam- ish continued under hardworking pastors who introduce the Medicare Contracting Flexibility mal assessments. tended their flood with great care and concern. Act of 1998. June 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1233 For years, we have been telling the Health bine such unique qualifications as: research the Reverend Willie H. Upshaw. Dr. Upshaw Care Financing Administration (HCFA) to be a ship and aircraft operations; technical exper- has been pastor of the Church for 31 years, more prudent purchaser of health care. Now, tise with advanced academic backgrounds in since 1967. It was under his guidance that the we need to provide them with the tools to act hydrography, geodesy, fisheries sciences, me- membership grew from 150 to more than more like a private company and hold Medi- teorology, and oceanography; and leadership 2,500. care contractors accountable. in technical program and data management Dr. Upshaw was born in Alabama and Specifically, the Medicare Contracting Flexi- contributing to the coherence, integrity, and ef- began his journey in the church early in life as bility Act would enable HCFA to contract with fectiveness of the administrative structure of an active member of the Galilee Baptist other types of companies besides health insur- NOAA. Church. In 1957 he moved to New York where ers to process claims for the Medicare pro- The dedicated scientists, engineers, and of- he was licensed to the ministry and, in 1967, gram. Right now, the pool of potential contrac- ficers of the uniformed NOAA Corps have a ordained. tors is limited and has been steadily diminish- long and decorated tradition of providing mo- That same year Dr. Upshaw became Pastor ing, leaving HCFA at the mercy of the few bility, flexibility, operational, and professional of the Mount Carmel Baptist Church where he contractors that remain. If one fails or has dif- skills in a unique response capability to our sees to the needs of his flock by visiting and ficulty processing claims, HCFA is hard- Nation. The Corps houses experts in nautical praying with the sick and shut-ins, dedicating pressed to find a replacement. charting and hydrographic surveying. These infants, bringing the Gospel to persons at This problem is especially evident in functions are vital to our national interest in nursing homes and prisons and helping those HCFA's inability to bring its contractors into ensuring the continued safe navigation of in the community who look to him for guidance compliance for the year 2000. Although sev- trade. NOAA Corps pilots provide critical oper- and counsel. eral contractors are not yet in compliance, ations when conducting low-altitude penetra- Dr. Upshaw served as Executive Vice Presi- HCFA appears to have little leverage in forc- tion missions of hurricanes and tropical storms dent of the Yonkers Council of Churches, as ing contractors to make the necessary system in support of weather research and prediction. President of the Ministerial Fellowship of Yon- adjustments. This means that January 1, Corps officers supply the data collection and kers, as a member of the Central Hudson 2000, Medicare's claims processing system management that are requisite to ensuring ac- Baptist Association, the Central Hudson Bap- could malfunction, wreaking havoc throughout curate fisheries stock and turtle and marine tist Retreat, and the Board of Directors of Yon- the provider community. mammal assessments. kers General Hospital. He has received the The Medicare Contracting Flexibility Act The Corps has contributed over the recent Community Service Award and was recog- would enable HCFA to solve this short-term decades in providing valuable scientific and nized by the American Heart Association for problem by expanding the pool of potential engineering skills, especially in times of na- unparalleled dedication to the Heart Healthy contractors and fostering more competition tional emergencies. The Corps made impor- Education Project. Dr. Upshaw and his wife among companies so that HCFA could get the tant contributions during both Operations Carolyn have two children and two grand- best value and service for each taxpayer dol- Desert Shield and Desert Storm. NOAA pro- children. lar spent. vided ship, aircraft, and technical skills during He personifies the good that one man can The Medicare Contracting Flexibility Act the Gulf War to assess the oil-based environ- bring to a community. I salute him for the would also give HCFA the ability to solve long- mental damages caused by Iraq. Shore per- good work he has done for all of us. term problems by laying the groundwork for sonnel contributed scientific expertise in haz- f other changes to the contracting program. For ardous materials management, while a NOAA RECOGNIZING THE COLORADO example, HCFA could set performance stand- ship carried scientists in the Gulf to evaluate GUNSMITHING ACADEMY ards for contractors, or combine claims proc- the extent of environmental damages. Also, essing for Medicare Parts A and B under one NOAA Corps officers and ships provided cru- contractor, as opposed to having two separate cial survey support in response to the TWA HON. BOB SCHAFFER entities. Flight 800 recovery effort. The Corps swiftly OF COLORADO All of these changes would translate into located the wreckage of TWA Flight 800 and IN THE HOUSE OF REPRESENTATIVES better, more effective service for the Medicare created highly detailed map products that Thursday, June 25, 1998 program, and ultimately the nation's 39 million greatly facilitated the retrieval of wreckage by Mr. BOB SCHAFFER of Colorado. Mr. Medicare beneficiaries. I urge my fellow Mem- Navy divers. Speaker, as the Congressman representing bers of Congress to join with me in passing Today, the NOAA Corps expertly performs the Fourth District of the State of Colorado, I the Medicare Contracting Flexibility Act. To- its missions, whether in charting our Nation's am proud to have constituents like Earl and gether we can ensure that HCFA has the tools coastline, assessing our fisheries stocks, or Charlene Bridges who run the Colorado to be a more prudent purchaser of health flying into hurricanes for scientific research. Gunsmithing Academy in Lamar, Colorado. care. NOAA Corps officers serve in NOAA research These individuals set the standard for integrity f laboratories and program offices throughout and craftsmanship for small business in Amer- the Nation and in remote locations around the ica and I am greatful for their contribution to CONGRATULATING THE NOAA world. These officers remain ready to apply not only the state, but the entire nation. I sub- CORPS ON ITS 81ST ANNIVERSARY their science and service skills to the many mit the following article detailing the success problems facing the United States in the man- of the Colorado Gunsmithing Academy for the HON. CONSTANCE A. MORELLA agement and study of oceanic and atmos- RECORD. OF MARYLAND pheric resources. IN THE HOUSE OF REPRESENTATIVES I extend my warmest congratulations to the STUDENTS SAY LAMAR ACADEMY GIVES THEM GOOD SHOT AT A JOB Thursday, June 25, 1998 men and women of the NOAA Corps on this 81st anniversary. The expertise and flexibility (BY KIT MINICLIER) Mrs. MORELLA. Mr. Speaker, this year that the Corps has demonstrated in the past LAMAR—Students at the Colorado marks the 81st anniversary of the National will serve the Nation for years to come. The Gunsmithing Academy of Lamar start by Oceanic and Atmospheric Administration Com- building their own rifles from scratch. NOAA Corps has reached a celebrated mile- The approach enables them to learn pa- missioned Corps. Known as ``America's Sev- stone, and I wish it an even greater future. enth Service,'' the officers of the NOAA Corps tience and development skills in f stockmaking, metalsmithing, welding and are an integral part of the National Oceanic other disciplines while building their own and Atmospheric Administration, and they HONORING REVEREND WILLIE H. single-shot rifle. serve with distinction throughout this multi-dis- UPSHAW, D.D. It is theirs to take home, and many use ciplinary scientific organization. I am proud to them to demonstrate their expertise when congratulate the NOAA Corps for 81 years of HON. ELIOT L. ENGEL applying for their first job in their new pro- fession. dedicated service to our Nation. OF NEW YORK Only 41⁄2 years old, the academy is already The NOAA Corps was designed to allow IN THE HOUSE OF REPRESENTATIVES flexibility in the assignment of professionals to developing a national and international rep- Thursday, June 25, 1998 utation, attracting students from Connecti- remote, hazardous, or otherwise arduous du- cut to California and from Norway, Sweden, ties throughout the wide range of vital environ- Mr. ENGEL. Mr. Speaker, the City of Yon- Australia and Holland. mental and stewardship activities encom- kers and especially the Mount Carmel Baptist It is one of three gunsmithing schools in passed by NOAA. Corps officers today com- Church are fortunate to have a pastor such as Colorado. There are only 17 in the nation, E1234 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 1998 said Charlene Bridges, president of the HONORING THE LATE LEONARD On January 2, 1993, the police claimed that Lamar school. The other Colorado schools HARPER Jathedar Kaunke had escaped. This claim was are at Trinidad State Junior College and the false. He had been killed the day before. Ac- Colorado School of Trades in Lakewood. HON. CHARLES B. RANGEL cording to a news article, he was murdered by Bridges’ husband, J. Earl Bridges, is direc- OF NEW YORK being torn in half, similar to the way that the tor and chief instructor. He has been a gun- IN THE HOUSE OF REPRESENTATIVES driver for another religious leader, Bbab smith for 15 years and has been teaching the Charan Singh, was murdered by the Indians. craft for the past six. Thursday, June 25, 1998 The human-rights activists created a com- Since it opened, the academy ‘‘has worked Mr. RANGEL. Mr. Speaker, I rise today to mission to look into the matter. According to on no less than 3,000 firearms, and maybe honor the late Leonard Harper on his remark- their statement, they seek ``an appointment four have been returned to redo something or able achievements in the field of theater and with the Chief Minister of Punjab to acquaint because we overlooked something,’’ Earl stage shows. Bridges said. him with its findings and to demand registra- Mr. Harper was one of the leading figures tion of a case against the culprits.'' They point- In addition to learning how to build their who transformed Harlem into a cultural center own rifles from stock to trigger assembly to ed out that this demand ``is no more than a re- during the 1920's. His nightclub productions at iteration of the position that Parkash Singh barrel, students are expected to repair or re- Connie Inn, Lafayette Theater and the opening model a minimum of 40 firearms during their Badal himself had taken at the time of the inci- mandatory 2,240 hours at the academy. of the new Apollo Theater drew people from dent. The Akal Takht is the highest institution all over the world. of the Sikhs that embodies their sacral and Roughly one-third of their time must be Mr. Harper's accomplishments on Broadway secular aspirations. Its former Jathedar was spent on ‘‘design, function and repair of fire- include the all-Black ``Kentucky Club Revue'' arms.’’ Only 175 hours are spent on theory. inhumanly tortured to death. We are confident at the New Amsterdam Theater, and his work There is no homework, just many hours of that the Sikh Chief Minister of Punjab would as a director on the big musical hit, ``Hot painstaking precision work, and students are not treat this matter in the same lackadaisical Chocolates' at the Hudson Theater. The pro- encouraged to read, said Charlene Bridges. spirit that generally marks his attitude on our duction was a milestone, the first-ever produc- A major difference between this school and human-rights concerns.'' They also demanded tion with three Black men as the sole creative others is the emphasis on the basics involved police protection for key witnesses in the case force, which changed Broadway forever. in building a gun from raw metal bar stock, because India has a record of intimidating, Mr. Harper brought the cabaret form of en- said instructor and part owner Michael bribing, even killing witnesses. tertainment to a professional level. As a pro- Syler, who owned a gun shop near Dallas be- Signers of this statement include Hindu fore moving to Lamar. ducer and a brilliant choreographer, he intro- human-rights activist Ram Narayan Kumar, duced some of the most extraordinary talents Tuition, excluding room and board, is Justice Kuldip Singh, President of the World to ever perform on stage and cabaret. $11,760 for the course, and students pay an Sikh Council, Justice Ajit Singh Bains, chair- additional $5,300 to acquire the tools of their Mr. Harper was previously honored by the trade. New York State Assembly and the City Coun- man of the Punjab Human Rights Organiza- cil of New York for his remarkable achieve- tion, Inderjit Singh Jaijee, chairman of the ‘‘The quality of the work here is impec- Movement Against State Repression, Dr. cable. Everything approved by (Bridges) ments. must be top notch,’’ said student Jay Mr. Speaker, I ask you and my colleagues Sukhjit Kaur, Maj. Gen. Narinder Singh, Amrik Crowder, 27, of Knoxville, Tenn. to join me in saluting Mr. Leonard Harper for Singh Muktsar, D.S. Gill, R. S. Bains, Amar Singh Chahal, Jaspal Singh Dhillon, Mrs. Baljit Although the school doesn’t guarantee job his contributions to the community and his ex- placement, ‘‘it seems like anyone who needs traordinary accomplishments. Kaur, and Navkiran Singh. They should be a job gets one. Eventually, I want a place of f recognized for their courage in standing up to my own,’’ Crowder said. the Indian tyranny. TORTURE AND MURDER OF AKAL Student Mike Fricks, 29, of Texarkana, This incident reveals the truth that for mi- Texas, said he appreciated the opportunity TAKHT JATHEDAR BY INDIAN norities living under Indian rule, there is no de- to ‘‘do finer quality work at a higher stand- POLICE MUST BE INVESTIGATED mocracy. The mere fact that they have the ard rather than just basic gun repair.’’ AND PUNISHED right to choose their oppressors does not Fricks’ current project, and his last before mean that they live in a democracy. In this graduating, is a double gun, which has two HON. EDOLPHUS TOWNS light, it is not surprising that there are 17 free- independent triggers and barrels just in case OF NEW YORK dom movements throughout India. If the one malfunctions. He already has lined up a IN THE HOUSE OF REPRESENTATIVES United States is interested in real freedom, job after sending a perspective employer a Thursday, June 25, 1998 peace, and stability in South Asia, we must gun he made. support self-determination for the Sikh Nation Kevin Macluskie, 28, said he finished his Mr. TOWNS. Mr. Speaker, the truth about and all the nations of South Asia. I call on my rifle in 270 hours. The school is open 10 hours India's brutality towards the Sikhs continues to colleagues to join in supporting an internation- a day, four days a week, although students come to light. A group of 13 human-rights ac- ally-supervised plebiscite in Punjab, Khalsitan, may elect to go only six or eight hours a day tivists issued a statement on May 19 at a so that the political status of this troubled and take longer to graduate. press conference in Chandigarh about the tor- country can be decided the democratic way. I Several other students, each of whom has ture and murder of Gurdev Singh Kaunke, the also call for my colleagues to vote to stop all his own spacious work bench, spoke posi- Jathedar of the Akal Takht, from December aid to India until the basic human and demo- tively of the close, careful supervision and 25, 1992 to January 1, 1993. After being tor- cratic rights of all people are respected. I the encouragement. Recently, there were 10 tured for a week, Jathedar Kaunke, the reli- would like to introduce the statement from The students in the academy, each working at gious leader of the Sikh Nation, was murdered his own level. Committee for Coordination on Disappear- by the police. ances in Punjab in the RECORD. The academy’s system produces fine re- Jathedar Kaunke was abducted on Decem- sults, says Taylor Carroll of Caroll’s Gun ber 25, 1992 by the police from the Jagraon THE COMMITTEE FOR COORDINATION ON Shop in Wharton, Texas, who hired academy subdivision of the Ludhiana district. Even Akali DISAPPEARANCES IN PUNJAB graduate Dave Wright after visiting the Dal leader Parkash Singh Badal, now the Bhai Gurdev Singh Kaunke, former school. Jathedar of the Akal Takht, was illegally ar- Chief Minister of Punjab, condemned this ac- rested from his village home in Jagraon sub- ‘‘I’ve been in business 38 years,’’ said Car- tion. He was briefly detained for his statement. roll, who sells guns and has always employed division of Ludhiana district on 25 December a gunsmith for custom work and repairs. Yet he has refused to refer this terrible inci- 1992. The police authorities later claimed When his veteran gunsmith retired after dent for investigation by India's Central Bu- that Bhai Gurdev Singh Kaunke escaped more than 30 years, ‘‘I began searching for a reau of Investigation (CBI) on the flimsy pre- from the custody of 2 January 1993, a claim gunsmith.’’ text that it would demoralize the murderous, that was widely condemned as false. Holding the then Chief Minister Beant Singh respon- He knew Earl Bridges by reputation, vis- out-of-control Punjab police. It is a well-known fact among the people of Punjab that the per- sible for the murder of Jathedar Kaunke, ited the spacious shop south of Lamar twice Akali Dal (Badal) had not only demanded his and talked with the instructors. ‘‘I was son responsible for the torture and murder of resignation but had also asked for a high happy with what I saw,’’ and he is delighted Jathedar Kaunke is SSP Swaran Singh powered judicial inquiry to determine the with Wright. Ghotna. Ghotna is not a last name, but a very truth. Prakash Singh Badal, the present ‘‘I’m very, very satisfied with everything inhumane torture technique used by the police Chief Minister of Punjab, was himself de- he has done for me,’’ Carroll said. for which he is infamous. tained when he was visiting the bereaved at June 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1235 their village on 5 January 1992. A copy of the yearly community tradition. Over the past fifty HONORING JAMES K. HAAS Punjabi Tribune dated 10 January 1993, summers, our local fair has proven itself as which reported the Badal Akali Dal’s posi- one of the very finest in the nation. It is the tion on Jathedar Kaunke’s case, and report HON. BOB SCHAFFER of his arrest in Ajit’s 6 January 1992 edition, largest county fair in Maryland, with more than OF COLORADO are enclosed. 250,000 visitors and 17,000 exhibits last sum- IN THE HOUSE OF REPRESENTATIVES mer. During this extra-special anniversary A team specially appointed by the Com- Thursday, June 25, 1998 mittee has been conducting investigations to year, we recall the grand past of our county determine the true facts of the case. The fair and look ahead to an exciting future. Mr. BOB SCHAFFER of Colorado. Mr. team comprises the following: Ram Narayan Congratulations and best wishes to all of the Speaker, I rise today to congratulate James Kumar, Amrik Singh Muktsar, Jasapl Singh ``Jim'' K. Haas of Lamar, Colorado for attaining Dhillon, D.S. Gill and Rajwinder Singh fair's participants. The farmers, artists, craftspeople, entertainers, and volunteers work the rank of Eagle Scout. Jim is a member of Bains. Investigation conducted by this team Varsity Team #222 chartered by the Church of conclusively proves inhuman torture of Bhai diligently all year to make this annual event a Gurdev Singh Kaunke, first at the Sadar Po- tremendous success. The highlight of every Jesus Christ of Latter Day Saints. A mere two lice Station of Jagraon and then at the CIA summer, the Montgomery County Agricultural percent of all Boy Scouts ever attain this ele- interrogation Center, from 25 December 92 to Fair attracts people of all ages in a magnifi- vated rank. 1 January 1993. The team has also acquired cent example of community spirit to display for Jim began his Scouting career at six years irrefutable evidence to establish that the the public the true importance of agriculture. It of age, as a Tiger Cub at Pack #221 chartered former Jathedar of the Akal Takht was offers a chance to have fun, learn about local by Washington Elementary School. He com- killed under torture. pleted the Cub ranks at Washington through The Coordination Committee is seeking an agriculture, and build memories. The summer appointment with the Chief Minister of Pun- event provides the opportunity to proudly first year Webelos. Jim than transferred to jab to acquaint him with its findings and to showcase the agricultural foundations of Mont- Pack #222 and completed the second year demand registration of a case against the gomery County. Webelos and Arrow of Light Requirements. In May of 1993, Jim became a Boy Scout in culprits under relevant sections of the IPC. During this milestone anniversary celebra- We also insist that the government of Pun- Troop #222, and a Varsity Scout in February tion, we look forward to even more exciting jab must hand over the investigation of the of 1996. Jim has served as quartermaster, fairs in the future. The agricultural leaders of case to the CBI. Our demand, which rests on grub master, scribe, chaplain, assistant patrol our community are firmly committed to a legally binding evidence, is no more than a leader, and senior patrol leader. He has at- strong future of farming in Montgomery Coun- reiteration of the position that Prakash tended two years of summer camp at San Isa- Singh Badal had himself taken at the time of ty. In just two summers, we will be at the bel Scout Ranch, Packard High Adventure the incident. The Akal Takht is the highest dawn of a new millennium. I am sure that the Camp, and the 1997 National Jamboree at FT. institution of the Sikhs that embodies their glorious tradition and heritage of the Mont- A.P. Hill, VA. He also earned the ``On My sacral and secular aspirations. Its former gomery County Agricultural Fair will continue Jathedar was inhumanly tortured to death. Honor'' religious award in 1997. To date, Jim to flourish in the next century and beyond. We are confident that the Sikh Chief Min- has earned 42 merit badges, the varsity letter, ister of Punjab would not treat this matter I'll see you at the fair! three varsity pins, and is looking forward to a in the same lackadaisical spirit that gen- Philmont trek this summer. erally marks his attitude on our human f Jim chose his Eagle project after a wildfire rights concerns. swept through the Lake Hasty Campground We also demand that the key witnesses in HONORING ADELE ZELLER the case and their family members be pro- last March, destroying much of the natural vided with adequate security from a central cover for the birds in the area. With the help police force. Our experience in the Khalra HON. ELIOT L. ENGEL of fellow members of Troop and Team #222, case shows that policemen accused of grave 13 quail shelters were erected, two bat boxes, OF NEW YORK human rights offenses resort to every meth- two owl platforms, and 12 bird houses were od—from cajoling, browbeating and bribing IN THE HOUSE OF REPRESENTATIVES place in the Hasty Lake area. A total of 164 to open threats to life—to suborn the wit- nesses and to destroy the evidence. There- Thursday, June 25, 1998 hours was involved in this project. fore, it is crucial that the key witnesses to Mr. Speaker, I hereby submit for the the custodial torture and murder of Akal Mr. ENGEL. Mr. Speaker, I rise to speak of RECORD a copy of an article which appears in Takht’s former Jathedar are protected from an extraordinary person who is being named the Lamar Daily News about Jim Haas. harassment from the very beginning. Woman of the Year by the Business and Pro- JIM HAAS ACHIEVES THE RANK OF EAGLE Darshan Singh, former policeman at fessional Women's Club of Mount VernonÐ SCOUT Jagraon when the incident occurred, is a key Adele Zeller. I have known Adele for several An Eagle Court of Honor was held May 2, witness in the case. We demand that Drashan years and can attest that she is a dynamic 1998 for James K. Haas. Jim is a member of Singh and his family members be protected person who gives unselfishly for the better- Varsity Team #222 chartered by the Church by the CRPF. We would submit a list of other important ment of the whole community. of Jesus Christ of Latter Day Saints. witnesses in the case, who must likewise be She and her husband Noel have owned The Eagle Court was conducted by David protected, to the Chief Minister when we Northup. Opening flag ceremony was pre- businesses in Mount Vernon since 1964 and sented by Dragon Patrol of Troop #222 with meet him. have lived in Westchester County for the past Justice (rtd) Kuldip Singh, President, piano accomplishment of Stars Spangled thirty years. They have founded and operated Banner by Katie Rose. The invocation was World Sikh Council; Justice (rtd) Ajit several companies, the latest, Zelco Indus- Singh Bains, Maj. Gen (rtd) Narinder given by Andy Rose. ‘‘Voice of the Eagle’’ Singh, D.S. Gill, Amar Singh Chahal, tries, has expanded operations worldwide with was presented by Robet Haas. Eagle presen- Inderjit Singh Jaijee, Navkiran Singh, facilities in the United States, Italy, Hong Kong tation was done by James Rupp. Lance Por- Ram Narayan Kumar, Converter; Dr. and China. Its broad range of products are ter then issued the Eagle Charge. Congratu- (Mrs.) Sukhjit Kaur, Amrik Singh distributed in 30 countries around the world. latory letters were read by Connie Haas. A memory quilt highlighting Jim’s Scouting Muktsar, R.S. Bains, Jaspal Singh They have also opened a second company Dhillon, Mrs. Baljit Kaur. accomplishments was presented by his sister, in Italy. This expansion can be credited to Jennifer Haas and family friend, Paige Por- f Adele's remarkable sales and marketing pro- ter. A special music number ‘‘Because I Have ficiency and her ability to converse in Italian, Given Much’’ was sung by the David Northup FIFTIETH ANNUAL MONTGOMERY Spanish and French. family. Closing flag ceremony was done by COUNTY AGRICULTURAL FAIR the Hawk Patrol of Troop #222. Benediction Adele is Chair of the Mount Vernon Cham- was given by Jim Haas. HON. CONSTANCE A. MORELLA ber of Commerce and is also a member of the Jim chose red, white and blue as his colors Board of Directors of the Rose YM±YWHA. In for this Court of Honor, and Service as his OF MARYLAND both positions she is serving with distinction. theme. Table decorations consisted of red IN THE HOUSE OF REPRESENTATIVES Her hard work and caring and her dedica- and blue streamers on white table clothes, Thursday, June 25, 1998 tion to the community has made Mount Ver- with silk flower vases of red roses and blue and white carnations. Jim presented these as Mrs. MORELLA. Mr. Speaker, this summer, non a better community for all who live and a token of his appreciation to all who helped my constituents will celebrate the 50th Anni- work there. I know we all cherish and thank with his Court of Honor. versary of the Montgomery County Agricultural Adele Zeller for her dedication and commit- Out of town guests included, Mr. and Mrs Fair! I am proud to again be a part of this ment. James Rupp and Mr. and Mrs. Robert Haas, E1236 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 1998 grandparents of Canon City. Debra Rupp- Prince Hall Royal Arch Masons for providing ceived various awards in her capacity as Den Lindt, aunt, of Grand Junction, John Sallee, leadership and support to its members and to Mother; Webelo Leader; instructor; counselor Pioneer Trails Paraprofessional, La Junta the New York community. for the Sheepshead District, Brooklyn; member and Ted Kadlecek, Post 2203, Rocky Ford. Several other Scouting volunteers from the The first Independent African Grand Holy of the Training and Commissioners staff and Lamar area as well as many friends were in Royal Arch Chapter of North America located committee person, first in Troop & Pack #678 attendance. at South Eleven Street, Philadelphia, Pennsyl- and then in Troop & Pack #504. Her active in- On Feb. 19, 1998, James K. Haas completed vania, held its Grand Chapter Convocation on volvement with the Boys Scouts of America the requirement to attain the rank of Eagle November 27, 1847. continues as committee person and merit Scout. Jim is the son of Ken and Connie At that convocation a petition was presented badge counselor. In 1974, Jeannette was Haas. He is 16 years old and a sophomore at by Brothers from New York requesting that a awarded the prestigious Silver Beaver. Lamar High School. In addition to Scouting Jim is also active in the Lamar FFA Chap- delegation be sent from Grand Chapter to Mr. Speaker, it is with great honor that I pay ter, where he received the Star Greenhand confer the several Royal Arch Degrees. The tribute to Jeannette M. LoSciuto upon her re- Award for the 1997 year, has attended ‘‘Made petition was received and adopted, and ten tirement as a teacher in the NYC public school for Excellence’’ Leadership Training, at- Brothers from New York were exalted. system. At a time, when there have been tended the 69th Annual State Convention in Going back to the Civil War and the military many stories told about the failures in our pub- Pueblo, and served on several committees. conflicts that followed, its members have lic school system, it is with great pleasure that Jim is currently president of his Sunday shown the way in the defense of this country we can honor someone whose dedication is School class, past member of the Cloverleaf overseas, even while confronting the chal- an inspiration to our youth. 4–H Club and has been a Lamar Daily News lenges of racism at home. f carrier for five years, as well as a great asset to the family business. In his spare time he Since its beginnings the lodge has made education a priority, and worked for the eco- RESTORE TAX RELIEF FOR SMALL enjoys reading, farm mechanics, shooting COACH BUILDERS sports, camping and hiking. nomic and social improvement of its members Jim began his Scouting career at six years and the African-American community at large. of age, as a Tiger Cub at Park #221 chartered During the Harlem Renaissance Companion HON. PHILIP M. CRANE by Washington School. He completed the Cub Arthur Schomburg, a Royal Arch Mason, OF ILLINOIS ranks at Washington through first year shared his knowledge of the history of people Webelos. Jim transferred to Pack #222, char- IN THE HOUSE OF REPRESENTATIVES tered by LDS Church, and completed second of African descent and inspired other scholars Thursday, June 25, 1998 year Webelos and Arrow of Light require- and writers, such as James Weldon Johnson, ments. Claude McKay and Richard Wright. Mr. CRANE. Mr. Speaker, I rise to com- May 1993, Jim became a Boy Scout in The lodge has supported the civil rights mend to the attention of my colleagues a bill Troop #222, and a Varsity Scout in February movement, been prominent in fighting the I am introducing today which will correct an in- 1996. Jim has served as quartermaster, grub scourges of our community, from drug addic- equity in the tax code which punishes certain master, scribe, chaplain, asst. patrol leader, tion to deadly diseases. It has supported ef- small businesses. and sr. patrol leader. Jim has attended Jun- forts to improve the educational system and The 1990 Omnibus Budget Reconciliation ior Leadership Training, two years summer prepare our young people for the job market. Act taught Congress a number of tough les- camp at San Isabel Scout Ranch, Packard sons. At the time, I took on the leader of my High Adventure Camp, and the 1997 National Mr. Speaker, I ask you and my colleagues Jamboree at Ft. A.P. Hill, Va. ‘‘On My to join me in saluting the Rising Sun Chapter party, then President Bush, and, along with Honor’’ religious award was earned in 1997. for their great accomplishments. every other House Republican, opposed the To date Jim has earned 42 merit badges, f 1990 bill because of its huge tax increases. the varsity letter, three varsity pins, and is The bill enacted the infamous luxury taxes on looking forward to a Philmont trek this TRIBUTE TO JEANNETTE MARY boats, automobiles and other goods in order summer. LOSCIUTO to ``tax the rich.'' What I predicted at the time Jim chose his Eagle project after a wildfire swept through the Lake Hasty Campground was confirmed when the U.S. boat and aircraft last March, destroying much of the natural HON. EDOLPHUS TOWNS industries were hit hard economically as a re- cover for the birds in the area. After several OF NEW YORK sult of these so-called ``tax the rich'' policies. meetings with Virgil Harp of the Corp of En- IN THE HOUSE OF REPRESENTATIVES The rich were not harmed, rather U.S. workers gineers, and Steve Keefer of Department of were out of jobs when consumers stopped Wildlife, the service project was successfully Thursday, June 25, 1998 buying goods subject to luxury taxes. completed November 1997. With the help of Mr. TOWNS. Mr. Speaker, I rise today to While Congress has since worked to repeal follow members of Troop and Team #222, 13 pay tribute to Ms. Jeannette Mary LoSciuto these harmful luxury taxes, there are a few re- quail shelters were erected, two bat boxes, upon her retirement from the New York City two owl platforms, and 12 bird houses were maining tax inequities from that 1990 bill. The placed in the Hasty Lake area. A total of 164 Board of Education. Jeannette taught in the federal gas guzzler tax attempted to force bet- hours was involved in this project. NYC public school system since 1972 and will ter gas mileage from automobiles in the U.S. Scoutmasters Rich Nelson and James Bair, retire from teaching after 25 years. Jeannette's by overtaxing cars that exceeded government along with assistant Scoutmasters David last 23 years were spent at the Joseph B. mandated fuel economy standards. Congress Northrup, Tom McKannon, Kent Fisher and Cavallaro School, Intermediate School 281K in in 1986 provided an exemption from the gas team coach Ken Haas, have all been instru- Brooklyn. Jeannette taught language arts to guzzler tax for small automobile manufactur- mental in Jim’s completion of Eagle rank. the students of IS281K and was the depart- ers. Those benefitting from this tax relief were As the Congressman representing the ment leader for 20 years. Jeannette was also the small coach builders who modify existing Fourth Congressional District of the State of the faculty advisor for the school yearbook automobiles into limousines. Unfortunately, the Colorado, I am proud to represent James and newspaper from 1980 to 1982. 1990 tax bill repealed this small business ex- Haas. He sets a fine example showing the im- Jeannette is not only an educator but also emption, thus subjecting the small coach pact that youth can make when they strive to very active in the Coney Island community. builders again to the gas guzzler tax. live a life of integrity. Once again, I congratu- Her community activism includes serving as a Like the other luxury taxes, the negative late him for this tremendous achievement and member and/or officer on the local Community consequences of this new tax increase fell wish him well in any future endeavor he wish- Board, boards of numerous elementary hardest on the workers of the coach building es to pursue. schools, day care centers, housing and home- industry. In the late 1980s, there were 35 f owner associations, task force on poverty, builders producing up to 9,000 autos. Today, HONORING THE RISING SUN Community Council, and PTAs. She also only 12 builders remain and they produce less CHAPTER served with the Community Democratic Club than 2,400 vehicles. The gas guzzler tax adds, from 1964 until its dissolution in 1994. This on average, $1,800 to the cost of one of these HON. CHARLES B. RANGEL participation included positions as the editor of vehicles. This cost must also be borne by the the newsletter, election district captain, poll small businesses who operate limousine serv- OF NEW YORK watcher, petition counter and checker, and a ices and must replace a vehicle every 18 to IN THE HOUSE OF REPRESENTATIVES member of its Executive Board. 24 months. Thursday, June 25, 1998 Jeannette joined the Boys Scouts of Amer- The bill I introduce today will restore that ex- Mr. RANGEL. Mr. Speaker, I rise today to ica in 1963 and continued to be active long emption for small coach builders from the gas pay tribute to the Rising Sun Chapter of the after her children's involvement. Jeannette re- guzzler tax. Specifically, my bill will exempt June 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1237 coach builders who annually manufacture SENDING BEST WISHES TO In 1996, Congress passed the Traumatic fewer than 10,000 vehicles from this onerous MARYBETH SCARPONE Brain Injury Act which authorized the NIH to tax. expand research studies and establish innova- I urge my colleagues to join me in providing HON. MICHAEL PAPPAS tive programs regarding traumatic brain injury. this tax relief for small businesses by cospon- OF NEW JERSEY We must now provide the NIH with sufficient soring this legislation. IN THE HOUSE OF REPRESENTATIVES funding so that exciting new research, such as f Thursday, June 25, 1998 regeneration, can reach the clinical stage and A DISTINGUISHED CAREER OF give victims and their families new hope. Mr. PAPPAS. Mr. Speaker, I am sad to re- I urge my colleagues to support NIH brain ACHIEVEMENT port that Marybeth Scarpone, a staff assistant injury funding so that we can help save Ameri- who serves the residents of New Jersey's cans from the devastation of Traumatic Brain HON. JAMES A. BARCIA twelfth congressional district in my Freehold Injury. OF MICHIGAN office, has announced that she is leaving the f IN THE HOUSE OF REPRESENTATIVES office. Marybeth has been a joy to have in the Thursday, June 25, 1998 office. She has always been cheerful and INTRODUCTION OF LEGISLATION CONCERNING THE CHATTAHOO- Mr. BARCIA. Mr. Speaker, the quality of pleasant. She greets constituents with a CHEE NATIONAL RECREATION health care that people receive is most directly bright, happy smile putting them at ease. Her AREA related to the skills and manner of the people caring nature is evident by the numerous let- providing the care. A kind word, a reassuring ters of gratitude we receive from constituents look, or a friendly touch can do as much to whom she has helped. HON. NEWT GINGRICH Marybeth grasped new challenges in her life help speed along a person's recovery as can OF GEORGIA with enthusiasm and exuberance, from the art any medicine. The patients at Bay Medical IN THE HOUSE OF REPRESENTATIVES competition and the women's forum to the Center have had the good fortune to have the Thursday, June 25, 1998 professional leadership of more than 1,200 youth council. All have been successful events employees by Dorothy Watrous, the Vice thanks in part to the efforts of Marybeth. Mr. GINGRICH. Mr. Speaker, today I intro- President of Patient Care, who is retiring after Today, my district office is decorated with the duced a bill, H.R. 4141, to modify the bound- seventeen years of service. artwork of those students who were runner aries of the Chattahoochee River National During her time at Bay Medical, Dorothy ups in this year's competition. Recreation Area to protect the lands, waters, Watrous has been credited with instituting Often, Marybeth would go beyond the call of and natural, cultural, and scenic resources many successful programs. She implemented duty and we will not only remember her for along the Chattahoochee River. Primary Care Nursing and Nursing Career her happy, beaming demeanor but for the rash Expansion of the Chattahoochee National Ladders, which have earned national praise as of poison ivy after a beach cleanup and the Recreation Area will provide additional recre- innovative and effective efforts. Dorothy has way she looked after chaperoning the 4±H ation opportunities for citizens, will protect and worked to provide educational opportunities for high school essay contest winners on their trip preserve the endangered Chattahoochee employees of the Center. She has also given to D.C.Ða day that started at 5:00 a.m. River, and will be accomplished through sup- back to the nursing profession through her Once in a while you could catch her spend- port and funding from federal, state, local, and work in developing an annual nursing scholar- ing her lunch hour in our conference room private entities. ship program through Bay Medical Center for with baskets and gardening gloves, caring for The Chattahoochee River, ranked as one of qualified students in the community. the beautiful plants that brighten up our bay the ten most endangered rivers in the country One of the most important actions on her window. provides the drinking water for the Atlanta part was to develop a flexible scheduling pro- Someone else may one day occupy metropolitan area and almost half of the popu- gram that accommodated working mothers. Marybeth's desk but no one can occupy the lation of Georgia. One of the major concerns Given the demands that medical staffs face, place in our hearts that she has found. We will to our river is the imminent threat of develop- the ability to deal with the realities of family miss her very much and we wish her a future ment. Runoff from construction and the over- needs helped to provide a happier staff that of success and happiness. development of areas surrounding the forty- could only make patients feel even better f eight mile stretch of the river north of the city about the responsiveness of their care. She IN SUPPORT OF BRAIN INJURY have resulted in pollution silt, and sediment also provided strong encouragement to em- RESEARCH build-ups. This bill authorizes the creation of a ployees to pursue further education and move greenway buffer between the river and private up to positions of greater responsibility. development to prevent further pollution from Having received both her Bachelor's and HON. BILL PASCRELL, JR. continued development, provide flood and ero- OF NEW JERSEY Masters of Science degrees in nursing from sion control, and maintain water quality for IN THE HOUSE OF REPRESENTATIVES the University of Michigan, Dorothy Watrous safe drinking water and for the abundant fish went on to serve within the U.S. Public Health Thursday, June 25, 1998 and wildlife dependent on the river system. Service. She also has participated in many Mr. PASCRELL. Mr. Speaker, Traumatic Protecting this valuable resource is vital to the community service projects, including the Brain Injury, known as TBI, is the number one future of the state of Georgia and what I con- Board of Directors for the Bay County Wom- killer and cause of disability among young sider to be one of the most important things en's Center, and the Allocations Committee of people in the United States. It claims more that I can do in my public career. United Way of Bay County. She also is the victims than breast cancer, prostate cancer The massive influx of peopleÐmore than Vice Chairperson for the Board of Directors for and AIDS combined, yet it receives little atten- 400,000 since 1990Ðinto the Atlanta metro- Bay Medical Education, and on Advisory Com- tion from Congress, the media and the medi- politan area has not only endangered the mittees for Bay-Arena Skill Center, Delta Col- cal community. river, but has also dramatically increased the lege, Saginaw Valley State University, and It is time that Congress demonstrate it's need for recreational areas. The Chattahoo- Great Lakes Junior College. She is an active commitment to head injury patients and ex- chee River is currently one of the most visited member of the Bay City Presbyterian Church pand our efforts to treat and cure brain inju- recreation areas in the country. At the rate of and Choir, the Saginaw Torch Club, and the ries. Each year, more than 2 million Ameri- growth expected in this area, the demand for Bay YWCA Week Without Violence Commit- cans are involved in an incident which results parks will only increase. Visitor enjoyment will tee. in head injury. Approximately 100,000 victims be enhanced by increased acreage and by Mr. Speaker, when an individual does so die and 500,000 will require hospitalization. adding land-based links between exiting units much for her profession and for her commu- Traumatic brain injury can strike anyone and of the national recreation area. This additional nity, that person deserves to be lauded. While leave devastating results. Trauma to the head land will be welcomed in a city with a lack of her day-to-day presence will be missed, her can result in significant impairment to an indi- public parks and green spaces. efforts and initiatives will certainly continue to vidual's physical, psychosocial and cognitive This greenway project will serve as a model be of benefit to people for years to come. I functional abilities. TBI affects the victim's for future conservation efforts. Public and pri- ask you and all of our colleagues to join me whole family both emotionally and economi- vate cost sharing will ensure local involvement in thanking Dorothy Watrous for her years of cally and often results in immense medical in the expansion of the park boundary. Fed- dedication, and in wishing her the very best and rehabilitative expenses. The direct and in- eral appropriations provided in this proposal for her retirement and all that lies ahead. direct costs of TBI are $25 billion per year. will be matched by funding from the State of E1238 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 1998 Georgia, local governments, private founda- IN SUPPORT OF H.R. 3905, FAIR- unsafe products as a cost of doing business. tions, corporate entities, private individuals, NESS IN ASBESTOS COMPENSA- This in no way means that I believe those de- and other sources. The cost to the federal TION ACT OF 1998 fendants in the Georgine Settlement engaged government will be less than half of the esti- in such conduct, but I do believe that such mated cost of the effort and will almost cer- HON. JOHN CONYERS, JR. judgments should be left to the judicial proc- tainly be much less. OF MICHIGAN ess. I am very pleased to introduce a proposal IN THE HOUSE OF REPRESENTATIVES In addition, it is my position that any legisla- tion we enact in the asbestos area should hew that will promote private/public partnerships in Thursday, June 25, 1998 protecting vital natural resources and in in- as closely as possible to the terms of the creasing recreational opportunities for citizens. Mr. CONYERS. Mr. Speaker, today I have Georgine Settlement. To the extent H.R. 3905 Expanding the Chattahoochee National Recre- agreed to cosponsor H.R. 3905, the ``Fairness may depart from those terms, I believe we ation Area will ensure that future generations in Asbestos Compensation Act of 1998,'' legis- should examine such departures very closely. will have clean water to drink and will be able lation originally introduced by Chairman HYDE. I look forward to working with Chairman to enjoy the beauty of this nationally significant I have done so because litigation over as- HYDE on a bipartisan basis on this important resource. bestos claims may have reached a crisis legislation. point. Hundreds of thousands of American f f workers who were exposed to asbestos, and who have suffered or are suffering from seri- THE MEDICARE+CHOICE PHARMA- TRIBUTE TO NICK BACA ous diseases as a result, have to wait for CEUTICAL MANAGEMENT ACT years to have their legitimate claims paid. In some cases, innocent victims are in danger of HON. FORTNEY PETE STARK HON. BOB FILNER not receiving any compensation at all, be- OF CALIFORNIA OF CALIFORNIA cause the liable corporations have protected IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES themselves, or will protest themselves, under Thursday, June 25, 1998 the bankruptcy laws. Thursday, June 25, 1998 Mr. STARK. Mr. Speaker, I am pleased to In 1994, negotiators between labor unions introduce the Medicare+Choice Pharma- Mr. FILNER. Mr. Speaker and colleagues, I representing the bulk of the asbestos worker ceutical Management Act of 1998. rise today to honor a hero and a pillar of our victims, on one side, and asbestos manufac- This bill would provide important protections communityÐNick Baca, who died in January, turers, on the other side, resulted in a settle- for Medicare beneficiaries receiving prescrip- 1998 at the age of 76. ment agreement that was designed to alleviate tion drug benefits through Medicare+Choice Although Nick served honorably in World the crisis. This agreement, know as the plans. These plans would be required to dis- War II and narrowly escaped death, he rarely ``Georgine Settlement' after Robert Georgine, close important information about how they spoke of his service and kept the memories President of the Building and Construction manage their drug benefits to cut costs, in- buried for many years. In June of 1944, as a Trades Department of the AFL±CIO and the cluding any incentives offered to doctors to get Ranger scout with the Second Ranger Battal- lead negotiator for labor in the settlement them to switch to cheaper, but sometimes less ion, he scaled the cliffs of Pointe du Hoc on talks, would have established an administra- effective, medications. the Normandy coast of France to destroy tive procedure for resolving asbestos claims. While many health plans still manage their enemy bunkers. He was one of 24 out of 120 The U.S. District Court that oversees much of own drug benefits, an increasing number of who reached the top in a barrage of gunfire the federal class-action asbestos litigation ap- plans are hiring a new breed of management and grenades. proved the settlement as fair and reasonable. consultants known as pharmaceutical benefit Georgine v. Amchem Products, Inc., 157 He fought in the Battle of the Bulge and was managers (PBMs) to do their work for them. F.R.D. 246 (E.D. Pa 1994). taken prisoner. In December of 1944, he was These companies currently manage prescrip- Last year, however, in Amchem Products, lined up with his fellow prisoners in a column tions for some 115 million Americans and the Inc. v. Windsor, 117 S. Ct. 2231 (1997), the three men deep to be shot, but miraculously number is expected to reach 200 million by Supreme Court invalidated the Georgine Set- escaped a bullet in the massacre by the Ger- the year 2000. tlement, not on grounds of unfairness, but be- man guards. Covered with bodies, Nick lay Plans have turned to PBMs in the hopes cause the settlement agreement did not fit still so the soldiers with bayonets did not no- that they will be able to cut rising prescription within the technical requirements of Rule 23 of tice him. The man on top of him was stabbed drug costs. PBMs accomplish that goal by set- the Federal Rules of Civil Procedure, which to death by a bayonet and Nick's leg was cut. ting up lists of approved drugs (known as governs class-action lawsuits. The Court held He hid for several days before making his way formularies), requiring specific authorization of that the federal courts lacked statutory author- back to friendly linesÐone of only a handful non-formulary drugs, and urging doctorsÐ ity to order so sweeping a settlement. Writing who survived this massacre of American pris- often by providing financial and other incen- for the Supreme Court majority, Justice Ruth oners of war in Malmedy, Belgium. tivesÐto switch prescriptions for less expen- Bader Ginsburg stated: ``The argument is sen- sive medications. After the war, he returned as an Army ser- sibly made that a nationwide administrative Of greater concern is the fact that PBMs are geant to his life in Los Lentes, New Mexico claims processing regime would provide the often given free reign to manage benefits where his family had lived since the 1600s. most secure, fair, and efficient means of com- through their own programs, with little over- When jobs became scarce, he became the pensating victims of asbestos exposure. Con- sight from the health plan. And, PBMs are nei- first of his family to leave this area, and he gress, however, has not adopted such a solu- ther licensed health care providers nor subject moved to National City, California. Here he es- tion.' to federal regulation by the Food and Drug tablished himself in the construction industry Given the Supreme Court's decision, I be- Administration (FDA). and became a leader in the community. He lieve that the relevant parties should again Several of the largest PBMs are now owned was especially active in the Veterans of For- come to the table to work out a legislative so- by drug manufacturers and many independent eign Wars. He was president of an Hispanic lution if at all possible. That is why I have PBMs have formed ``strategic alliances'' with social organization in the 1970s. agreed to cosponsor H.R. 3905. I do want to drug manufacturers, exchanging preferential His was a wonderful life. He was a man note, however, that I have some specific con- treatment on a formulary with millions of dol- who did his duty to his country, who contrib- cerns about the language of the bill as it is lars in rebate payments from the drug compa- uted to his community, and who raised his currently drafted. I am concerned the bill nies. Since 1993, the three largest PBMs, family well. He is survived by Eloise, his wife would eliminate the availability of punitive serving fully 80% of covered enrollees, have of 56 years, and his children, Rosalie Ortega, damages in those cases in which asbestos been acquired by drug manufacturers at a George Baca, Robert Baca and Herman Baca, victims choose to pursue ordinary tort rem- total cost of $12.8 billion. And, a January 1998 who is a prominent Mexican-American activist edies instead of the administrative claims pro- study showed that drug-company-owned in San Diego CountyÐalong with 18 grand- cedure. I have always believed, and I continue PBMs covered 41% of the lives enrolled in children and 11 great grandchildren. to believe strongly, that punitive damages PBM programs. My thoughts and prayers go out to his wife must be available to sanction outrageous Drug companies that ow PBMs say that and children and to the larger community who wrongdoing by corporate defendants. Other- they have ``firewalls'' in place to prohibit the was touched by his presence. We will all miss wise, some unscrupulous businesspeople will two companies from sharing proprietary infor- him. simply choose to treat the damage caused by mation or conducting joint marketing efforts June 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1239 and other deals that benefit the drug com- Medicare+Choice Pharmaceutical Manage- coming increasingly concerned about the pany. But can any company policy resolve this ment Act of 1998. Together, we can ensure care-consequences of these switches. Four- inherent conflict of interest, especially when that Medicare beneficiaries get access to the teen medical journal articles have reached critical conclusions, six of which suggested the goal is to maximize profit? If you've the prescription drugs ordered by their physician, that these new drug preference practices CEO of a major drug company, wouldn't it be not by a benefits manager focused on the bot- may be leading to extended illness, more vis- tempting to try to get more doctors to pre- tom line. its to doctors and emergency rooms, longer scribe your company's new medication for TESTIMONY OF MARK GREEN, PUBLIC ADVO- hospital stays and greater total costs. What has galvanized this concern is the high blood pressure? CATE FOR THE CITY OF NEW YORK, BEFORE growing power of a new force in drug selec- I certainly think so. But, in case you think THE ADVISORY COMMISSION ON CONSUMER tion—PBMs [pharmaceutical benefit man- I'm just being cynical, consider the case of PROTECTION AND QUALITY IN THE HEALTH agers]. HMOs retain PBMs as consultants to PCS, the largest PBM covering 50 million CARE INDUSTRY—FEBRUARY 26, 1998 lives. When PCS was acquired by Eli Lilly, help them administer drug coverage. These We all know that there is no more common companies, which have overnight become bil- which manufactures Prozac, in 1994, Lilly's health care experience in America than fill- lion dollar giants in their own right, manage chairman openly declared that ``this purchase ing a prescription. But few Americans know prescriptions for 115 million Americans. will help us sell even more Prozac.'' Internal that the terms of our every day drug-counter They are the engines driving the new substi- PCS memos obtained by the New York City transactions are changing more fundamen- tution initiatives. With 90 percent of HMOs Public Advocate revealed a plan to steer the tally and rapidly than anytime in modern now employing one form or another of phar- company's managed care customers toward medical history. I suggest that your report macy management, 200 million Americans Prozac and another top Lilly drug, the ulcer to the President reflect this fact and propose are expected to be covered by PBMs by the reforms that protect patients from the ad- end of the decade. medication Axid. Millions of messages would verse consequences of ‘‘drug switching.’’ Though the initial rationale for turning be sent to physicians and pharmacists urging A two-year investigation by my office has over drug management to PBMs was cost switches, leading to a projected $171 million in concluded that health plans are now fre- containment, drug costs continue to increase additional sales. quently intervening in the prescription proc- as a share of total health costs and faster Given that there are millions of dollars at ess, pressuring physicians and pharmacists than inflation. Indeed, drug costs have risen stake for drug manufacturers and PBMs, it's to switch medications to less therapeutically from $21 billion ten years ago to $50 billion very tempting for these companies to join valuable drugs. In addition, the approved today, and ambulatory costs for drug-related forces to steer physicians to prescribe their ‘‘drug formularies’’ sometimes exclude criti- problems, including reactions to PBM-in- products. But, there's more at stake than just cal drugs from coverage altogether. These duced substitutions, are how estimated at $76.6 billion. moneyÐthe health and welfare of Medicare preferences seldom have anything to do with medical appropriateness. Indeed, for some in- PBMs develop the formularies, a list of beneficiaries who join Medicare+Choice plans dividual patients, the substituted drug is not covered and preferred drugs, thereby deter- is also at risk. I am attaching testimony given as efficacious as the original prescription mining prescription access for millions of pa- by the Public Advocate for the City of New and can lead to harmful side effects. tients. They pay incentives to pharmacists York before President Clinton's Advisory Com- While the original intent of these now to get them to push doctors to switch pre- mission on Consumer Protection and Quality widespread substitution strategies was to scriptions, and drop independent phar- that clearly shows just how low these compa- lower costs without affecting the quality of macists who do not engineer switches often enough. PBM consultants call and visit doc- nies will go to push their products. care, existing research indicates that this practice results in higher overall costs. In- tors to discuss specific patients and urge the I have introduced the Medicare+Choice use of specific drugs. They impose rock-bot- Pharmaceutical Management Act of 1998 to stead of cost-containment, commercial in- terests have become the guiding force behind tom prescription budgets on doctors, and re- discourage these types of activities by requir- drug preferences. Health care organizations view the prescribing records of recalcitrant ing Medicare+Choice plans to disclose the fol- have established a variety of business rela- physicians to make sure they make the fa- lowing information about their pharmacy bene- tionships with drug manufacturers that are vored drug selections. They even punish pa- fits management: the committee (if any) used shaping, and in some cases compromising, tients who do not accept switches by charg- to develop and oversee drug formularies, in- drug choice. The exposure of these arrange- ing them higher co-pays. Yet PBMs are nei- cluding the composition of the committee and ments has sounded a sudden alarm among ther licensed as health care providers nor those concerned abut the independence and regulated by any oversight agency. how they decide what drugs to include on the But PBM drug preferences are frequently trust implicit in the prescription tradition of formulary; and incentives to physicians, phar- of questionable independence. Since 1993, the macists, and patients associated with for- American medicine. Five federal agencies have weighed in criti- three largest PBMs, serving fully 80 percent of covered enrollees, have been acquired by mulary compliance programs, including drug cally on the drug switching issue in the last pharmaceutical manufacturers at a total switching and any known health risks associ- few years: the FDA [US Food and Drug Ad- cost of $12.8 billion. Other manufacturers ated with such a program; all policies and pro- ministration], the OIG [US Office of the In- have formed ‘‘strategic alliances’’ with cedures for any drug utilization reviews of phy- spector General], the HCFA [US Health Care major PBMs, paying millions of dollars in re- Financing Administration], the FTC [US sicians and pharmacists, including any coun- bate payments for preferential treatment on Federal Trade Commission] and the GAO [US seling, intervention, enforcement actions, or a formulary. The overarching corporate pur- General Accounting Office]. The FDA re- penalties associated with these reviews; any pose of these acquisitions and arrangements cently issued draft guidelines to attempt to expedited process for amendment drug has clearly been to increase market share for monitor these practices. Yet it is estimated formularies to include new drugs that become certain widely used drugs. Studies have that 71 percent of HMOs will have programs shown, for example, that the manufacturer- available, particularly those that treat or allevi- encouraging substitutions by the end of the ate potentially life-threatening illnesses; and owned PBMs are unsurprisingly pushing the year. prime pharmaceuticals of their owner. any requirements for prior treatment failures of The American Medical Association says PCS, for example, is the largest PBM, cov- a particular drug before approving alternative that the ‘‘frequency and intensity’’ of HMO ering 50 million lives. It was acquired by Eli drug therapies. substitution interventions ‘‘pit the interest Lilly, the manufacturer of Prozac, in 1994. Medicare+Choice plans will be required to of patients against the economic interest of Lilly’s chairman openly declared after the disclose this information when they apply for a their health care providers’’ and have risen PCS merger that ‘‘this purchase will help us contract with Medicare and to make this infor- ‘‘to the level of harassment.’’ The American sell even more Prozac.’’ Internal PCS memos mation and their drug formularies available to College of Cardiology argues that heart obtained by my office revealed a plan to medications are highly specific to particular steer the company’s managed care customers the public upon request. That way, the Health patients and warns that substitutions rep- Care Financing Administration (HCFA), the toward Prozac and another top Lilly drug, resent ‘‘a real and present danger’’ that the ulcer medication Axid. Millions of mes- agency that reviews these contracts, will know could involve patients being switched to sages would be sent to physicians and phar- about a health plan's pharmacy programÐand drugs that might produce ‘‘life threatening macists urging switches, leading to a pro- any financial incentives to push certain toxicity’’ or other adverse reactions. My own jected, almost instant, burst of $171 million drugsÐand can make the decision whether to surveys of almost 400 New York physicians in additional sales. Yet both drugs cost more contract with that plan or require changes in and pharmacists found that 75 percent of than effective competitors’. their pharmacy benefits management. And, both believe substitutions are diminishing PCS hired outside experts to justify the even more important, the information will allow care, while almost all said plans routinely Prozac switch. Though only one of the three contact and urge them to make substi- consultants recommended knocking a top consumer groups and individuals to make rec- tutions. competitor, Zoloft, off the preferred list, ommendations and choices about the man- Recent academic and governmental reports PCS did it anyway. In fact, the one consult- aged care plans that best serve the patient. have concluded that both the employer ant they followed found that Prozac had the I urge my fellow Members of Congress to groups paying the premiums and the HMOs longest dose adjustment time of three main join with me in cosponsoring the engaging in drug management tactics are be- antidepressants—two and a half months E1240 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 1998 compared to Zoloft’s five and a half days. ‘‘The President should provide strong, con- or Boondoggle?’’ N Engl J Med 332:1641–5, The consultant also found that Prozac pro- tinuous leadership to improve the quality 1995. duced far more side effects, including head- and delivery of prescription drug care in the Federal Government Agencies— aches, sexual dysfunction, insomnia, diar- United States. The President should act to United States Food and Drug Administration rhea, anxiety and agitation. Yet the PCS let- eliminate all commercial interests advising, 1. ‘‘Guidance for Industry: Promoting Med- ter subsequently sent to thousands of physi- selecting or influencing prescription drug ical Products in a Changing Healthcare Envi- cians erroneously suggested that Prozac had treatments and act to improve the health of ronment; I. Medical Product Promotion by the shortest adjustment time and fewest side all Americans by developing a patient-spe- Healthcare Organizations or Pharmacy Bene- effects. cific prescription drug policy.’’ fits Companies (PBMs)’’. Docket No. 97D– The misuse of this PCS drug utilization REFERENCES 0525) 1998. letter for transparent promotional purposes was one of the reasons the FDA recently de- Scientific Studies and Reports United States General Accounting Office cided to monitor drug substitutions. HCFA 1. Bloom BA, Hacobs J: ‘‘Cost-effects of Re- 1. ‘‘Pharmacy Benefit Managers: Early Re- recently reported that PCS believes that 30 stricting Cost-effective Therapy.’’ Med Care sults on Ventures with Drug Manufacturers’’ percent of the prescriptions written under its 23:872–80, 1985. GAO/T–HEHS–96–85 (Nov. 1995). preferred drug program are successfully 2. Bootman JL, Johnson JA: ‘‘Drug-Relat- United States Health Care Financing switched, providing some measure of how ex- ed Morbidity and Mortality: A Cost-of-Ill- Administration tensive this practice is becoming. ness Model.’’ Arch Intern Med 155:1949–56, 9 1. ‘‘Assessment of the Impact of Pharmacy Such drug policies influenced by commer- Oct. 1995. Benefit Managers.’’ HCFA–95–023/PK (Sep- cial interests can have damaging effects on 3. Cromwell DM, Moore RD, Steinberg EP, tember 30, 1996). care. Patients are being switched to chemi- et al.: ‘‘Florida’s Restrictions on Reimburse- United States Office of Inspector General cally dissimilar agents that are not rated as ment for Peptic Ulcer Disease Drugs Associ- 1. special fraud alert issued by OIG (August ated with Increased Hospitalizations.’’ Pre- equivalent by the FDA, and usually have dif- 1994). ferent side effects, dosages and efficacy sented at the First Annual Research Service 2. ‘‘Experiences of Health Maintenance Or- rates. Patients stabilized on one medication Award trainees Research Conference. Chi- ganizations with Pharmacy Benefit Manage- are also being moved to another without any cago; 3 June 1995. ment Companies.’’ OIG–01–95–00110, April clinical cause, leading one doctor to label 4. Etheredge L: ‘‘Pharmacy Benefit Man- 1997. agement: The Right Rx?’’ In: Research Agen- these switching strategies ‘‘massive un- State Attorneys General funded human experimentation.’’ With doc- da Brief, from a discussion by the George 1. In the Matter of the Upjohn Company: tors constrained by preferred lists, the many Washington University National Health Pol- Assurance of Discontinuance/Assurance of differences between patients—age, ethnicity, icy Forum. Washington DC; 21 May 1995. Voluntary Compliance. Entered by the State multiple disease states—are not always 5. Horn SD, Sharkey PD, Tracy DM, et al.: Attorneys General of Arizona, Iowa, Min- factored into prescribing decisions. ‘‘Evidence of Intended and Unintended Con- nesota, Missouri, New York, North Carolina, Hurt most by these practices are the elder- sequences of HMO Cost Containment Strate- Texas and Wisconsin, July 1994. ly and chronically ill because they often con- gies: Results from the Managed Care Out- sume daily dosages of a variety of highly comes Project.’’ Am J Man Care 2:253–264, Medical and Healthcare Groups competitive medications. Take the example 1996. 1. American College of Cardiology: ‘‘Posi- of 65-year-old Clara Davis, a retired grocery 6. Krelig DH, Knocke DJ, Hammel RW: tion statement: Therapeutic substitution.’’ store manager from Bolivar, Tennessee. She ‘‘The Effects of an Internal Analgesic For- 22 Feb. 1988. lost a third of her stomach after her ulcer mulary Restriction on Medicaid Drug Ex- 2. American College of Physicians: ‘‘Posi- medication was switched. Her physician penditure in Wisconsin.’’ Med Care 27:34–44, tion paper: Therapeutic substitution and for- tried to persuade her plan not to force the 1989. mulary systems.’’ Annals of Intern Med 113– substitution but it insisted. While recovering 7. Levy RA, Cocks D: ‘‘Component Manage- 160–2, 15 Jul. 1990. 3. American Medical Association: ‘‘AMA from the operation she suffered a paralyzing ment Fails to Save Health Care System policy on drug formularies and therapeutic stroke. Costs: The Case of Restrictive Drug interchange in inpatient and ambulatory pa- As we meet, several states—Maine, New Formularies.’’ Washington DC: National tient care settings.’’ Am J Hosp Pharm York, California and Virginia—are consider- Pharmaceutical Council 1996. 51:1808–10, 1994. ing legislative action to protect the Clara 8. Magid D, Douglas JM, Schwarz JS: 4. American Pharmaceutical Association: Davis’ of this country and to restrict drug ‘‘Doxycycline Compared with Azithromycin ‘‘Statements at the Food and Drug Adminis- formularies based more on commercial, rath- for Treating Women with Genital Chlamydia tration’s Hearing on Pharmaceutical Mar- er than health, considerations. But ulti- Trachomatis Infections: An Incremental keting and Information Exchange in Man- mately, since drug sales are obviously na- Cost-effectiveness Analysis.’’ Annals of In- aged Care Environments.’’ 19 Oct. 1995. tional in scope, there must be a national pol- tern Med 124–389–399, 1996. 5. National Association of Chain Drug icy on drug substitutions. I urge you not to 9. Moore JM, Newman R: ‘‘Medicaid Drug Stores: Petition to the Federal Trade Com- squander your once-in-a-generation oppor- formularies: Opening Closed Doors.’’ Wash- mission (12 Jun. 1996). tunity to stop this new and growing trend of ington DC: American Legislative Exchange Legislative Initiatives HMOs—not physicians and pharmacists—pre- Council 1990. 1. California Senate Bill 625 (Senator 10. Schulman KA, Rubenstein LE, Aber- scribing the pills that we all swallow. Rosenthal), passed the Senate, in the House. Given how extensive and harmful man- nathy DR, et al.: ‘‘The Effect of Pharma- California Assembly Bill 1136 (Assembly aged-care-driven drug substitutions have be- ceutical Benefits Managers: Is It Being Eval- member Brown), passed in Senate and House, come, I urge the Commission to include this uated?’’ Annals of Intern Med 124:906–913, died in Conference Committee, Nov.30, 1996. language in their final report. I believe that 1996. 2. New York State Assembly. Hearing held these recommendations implement the man- 11. Shulman SR, DiCerbo PA, Ulcickas ME, by the Standing Committees on Insurance dates of the Consumer Bill of Rights on In- Lasagna L: ‘‘A Survey of Therapeutic Substi- and Health, New York City: May 1, 1997 formation Disclosure and Participation in tution Programs in Ten Boston Area Hos- 3. Virginia Senate Bill No. 1114, as amend- Treatment Decisions: pitals.’’ Drug Info J25:41–52, 1992. ed, 1997. ‘‘Consumers should be fully informed about 12. Sloan FA, Gordon GS, Cocks DL: ‘‘Hos- Litigation all factors affecting a prescription choice. pital Drug Formularies and the Use of Hos- 1. Pfizer v. PCS, No. 96–126154 (S.D.N.Y. Health care organizations and physicians pital Services.’’ Med Care 31:851–867, 1993. filed Oct. 1995). should disclose any possible side effects or 13. Smalley WE, Griffin MR, Fought RL, et economic reasons for a recommended thera- al.: ‘‘Effect of a Prior-authorization Require- f peutic switch. Health care organizations ment on the Use of Nonsteroidal should restrict substitutions to those that Antiinflammatory Drugs by Medicaid Pa- IN RECOGNITION OF JETER NIMMO are found to be therapeutically equivalent by tients.’’ N Engl J Med 332:1612–7, 1995. the FDA. Consumers should be free to reject 14. Soumerai SB, Ross-Degan D, Fortess HON. RALPH M. HALL these recommended switches without pen- EE, Abelson J: ‘‘A Critical Analysis of Stud- OF TEXAS alty, such as the imposition of a higher co- ies of State Drug Reimbursement Policies: IN THE HOUSE OF REPRESENTATIVES payment. Consumers have the right to con- Research in Need of Discipline.’’ Milbank tinue on a drug regimen that has been medi- Quart 71 (2):217–252, 1993. Thursday, June 25, 1998 cally beneficial for them, without pressures 15. Soumerai SB, McLaughlin TJ, Ross- Mr. HALL of Texas. Mr. Speaker, I rise on their physician to switch. Health care or- Degan D, Casteris CS, Bollini P: ‘‘Effects of today to pay my respects to a good friend, fine ganizations should make their preferred drug Limiting Medicaid Drug-reimbursement Ben- Texan and more importantly a great Amer- lists, as well as formularies, available to efits on the Use of Psychotropic Agents and consumers. Drug substitutions should take Acute Mental Health Services by Patients icanÐMr. Jeter Nimmo. Jeter was born on into account the potential overall cost of a with Schizophrenia.’’ N Engl J Med 331:650– January 24, 1920 in Delta County, Texas, change in care, not merely the comparative 655, 1994. where he learned the importance of family, costs of two medications in the same thera- 16. Soumerai SB, Lipton HL: ‘‘Computer- church and community. Jeter took these val- peutic category. based Drug-utilization Review: Risk, Benefit, ues with him to the University of Texas at June 25, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1241 Austin, where he earned a degree in engineer- ``home'' to the Signal Corps for 58 years of HONORING SISTER WINIFRED ing, and to the Army Air Corps, where he crucial advances in military communications. DANWITZ, Ph.D. served his country as a pilot during World War On June 21, 1860, the Signal Corps was II. born, the brainchild of Albert James Myer, an Jeter spent the majority of his adult life in Army doctor who believed there should be a HON. ELIOT L. ENGEL Van Zandt County, Texas, where he was a trained, professional military signal service. OF NEW YORK community leader. Actively involved in church From its first use in New Mexico during a Nav- and community affairs, Jeter often volunteered ajo expedition, to its use during the Civil War, IN THE HOUSE OF REPRESENTATIVES his time, labor and talents to the First Baptist the Spanish American War, the two World Church of Van Zandt. Not only did Jeter dedi- Wars, the Korean and Vietnam Wars to the Thursday, June 25, 1998 cate himself to his family and church, but he present day, the Signal Corps has provided necessary communication devices which have Mr. ENGEL. Mr. Speaker, I rise to join in also served as an officer for both the Federal celebrating the Golden Jubilee of Sister Wini- Land Bank and the Texas Farm Bureau Asso- protected the lives of the men and women who have advanced the cause of freedom. fred Danwitz, a woman whose accomplish- ciation. Such tireless efforts to his community ments are so many that they seem crammed made Jeter the wonderful man and special Fort Monmouth was ``home'' to the Signal Corps School from 1917 to 1975. As the cen- into those fifty years, but one who looks for- friend that I stand here today to honor. Giving ter for signal education, as well as major lab- ward to doing even more. not only of himself, but even of his own money oratory, Fort Monmouth played an important to those individuals and families less fortunate, Sister Winifred is the former Administrator of role in the major world conflicts of this time Jeter was a daily testimony of his commitment the Mount Saint Ursula Speech Center for period. Early radiotelephones developed at New York City and Professor Emeritus of Spe- to God, family, friends and community. Fort Monmouth were used in the European Mr. Speaker, Jeter Nimmo passed from us cial Education at the Graduate School of the theater during World War I. The first Army College of New Rochelle. She was selected a on February 25th of this year. He is survived radar was developed in 1938. This new tech- by his two daughters and their husbands: Fellow of the American Speech-Language- nology, as well as the development of the tac- Hearing Association. Nancy and Joe Lambert of Colfax, Texas and tical FM radio, were important communications Caroline and Mike Athey of Niceville, Florida. devices which helped to lead the Allies to vic- Her teaching experience includes the Col- Mr. Speaker, as we adjourn today's session, tory in World War II. These innovations are lege of New Rochelle and its graduate school, let us do so in honor of this outstanding hus- still used today, by military and non-military Fordham University, Hunter College and Iona band, father, friend and American, Mr. Jeter alike. College. The list of her organizational activities Nimmo. He will be missed by all those who Fort Monmouth has also made major con- where she served in a senior position runs off knew him. tributions to the development of space com- the page. She has almost as many awards. f munications. ``Project Diana'' in 1946 success- Now she is embarking on her latest venture fully bounced electronic signals off of the RECOGNIZING THE CONTRIBUTION as Executive Director of Angela House. An- moon, a milestone on the road to space com- OF FORT MONMOUTH TO THE gela House began as her idea. It will be an in- munication. Solar-powered batteries, type- novative demonstration project to address the UNITED STATES ARMY SIGNAL writers for space shuttles, and communica- CORPS problems confronting homeless women and tions satellites were some of the other ad- their young. Angela House will serve as a vances developed at Fort Monmouth. Though model supportive transitional residence to pro- HON. MICHAEL PAPPAS no longer home to the Signal School, Fort vide these women and their children with the OF NEW JERSEY Monmouth continues to serve as an important supervision, support and training in a nurturing technological logistics, and training center. IN THE HOUSE OF REPRESENTATIVES environment. Today, Fort Monmouth serves as home to Thursday, June 25, 1998 CECOM, the Army's Communication and Elec- Sister Winifred will be as successful in help- Mr. PAPPAS. Mr. Speaker, it is my privilege tronic Command. ing these women and their children as she to offer congratulations to the United States I would like to thank the men and women of has been in her other endeavors. Her gener- Army Signal Corps which is celebrating its Fort Monmouth for their continuing dedication osity of spirit has made beneficiaries of all of 138th anniversary. In particular, I would like to to the protection and promotion of freedom. I us. I am proud to be able to praise her work, recognize Fort Monmouth Army Base in my am confident that their important work will con- her dedication and her innovation. She is our district, New Jersey's twelfth, which was tinue well into the next millennium. treasure. Thursday, June 25, 1998 Daily Digest

HIGHLIGHTS Senate passed Strom Thurmond National Defense Authorization Act. Senate passed Military Construction Appropriations, 1999. The House agreed to the conference report on H.R. 2676, IRS Restruc- turing and Reform Act. The House passed H.R. 4112, Legislative Branch Appropriations Act. House Committees ordered reported 16 sundry measures, including the following appropriations for fiscal year 1999: Interior and VA, HUD and Independent Agencies. Senate Lao People’s Democratic Republic, with amend- Chamber Action ments. Routine Proceedings, pages S7039–S7079 S. 1976, to increase public awareness of the plight Measures Introduced: Twenty two bills and two of victims of crime with developmental disabilities, resolutions were introduced, as follows: S. to collect data to measure the magnitude of the 2215–2236, S.J. Res. 54, and S. Con. Res. 106. problem, and to develop strategies to address the (See next issue.) safety and justice needs of victims of crime with de- velopmental disabilities, with an amendment in the Measures Reported: Reports were made as follows: nature of a substitute. S. 627, to reauthorize the African Elephant Con- S. Con. Res. 97, expressing the sense of Congress servation Act. (S. Rept. No. 105–222) concerning the human rights and humanitarian situ- S. 2090, to extend the authority of the Nuclear ation facing the women and girls of Afghanistan, Regulatory Commission to collect fees through with amendments. (See next issue.) 2003. (S. Rept. No. 105–223) S. 2095, to reauthorize and amend the National Measures Passed: Fish and Wildlife Foundation Establishment Act, Congressional Adjournment: Senate agreed to H. with amendments. (S. Rept. No. 105–224) Con. Res. 297, providing for an adjournment of both S. 1482, to amend section 223 of the Commu- Houses. (See next issue.) nications Act of 1934 to establish a prohibition on Strom Thurmond National Defense Authoriza- commercial distribution on the World Wide Web of tion Act for Fiscal Year 1999: By 88 yeas to 4 nays material that is harmful to minors. (S. Rept. No. (Vote No.181), Senate passed S. 2057, to authorize 105–225) appropriations for fiscal year 1999 for military ac- S. 1619, to direct the Federal Communications tivities of the Department of Defense, for military Commission to study systems for filtering or block- construction, and for defense activities of the Depart- ing matter on the Internet, to require the installa- ment of Energy, and to prescribe personnel strengths tion of such a system on computers in schools and for such fiscal year for the Armed Forces, after tak- libraries with Internet access, and for other purposes. ing action on amendments proposed thereto, as fol- (S. Rept. No. 105–226) lows: Pages S7039±50, S7057±78 (continued next issue) H.R. 39, to reauthorize the African Elephant Con- Adopted: servation Act. By 48 yeas to 45 nays (Vote No. 174), Inhofe S. Res. 240, expressing the sense of the Senate Amendment No. 2981, to modify the restrictions on with respect to democracy and human rights in the the general authority of the Department of Defense D705 D706 CONGRESSIONAL RECORD — DAILY DIGEST June 25, 1998 regarding the closure and realignment of military in- lating to Persian Gulf illnesses, and to offset the in- stallations, and to express the sense of the Congress crease by reducing the amount under title II for the on further rounds of such closures and realignments. Army Commercial Operations and Support Savings Pages S7039, S7042±46 Program by $10,000,000. (See next issue.) Dodd Amendment No. 3004, to require actions to Thurmond (for DeWine) Amendment No. 3019, eliminate the backlog of unpaid retired pay for to reauthorize a land conveyance of the Army Re- members and former members of the Army. serve Center, Youngstown, Ohio. (See next issue.) Pages S7057±58 Levin (for Dodd) Amendment No. 3020, to make Murray/Murkowski/Sarbanes Amendment No. available certain funds from the defense health pro- 3005, relating to burial honors for deceased veterans. grams for research and surveillance activities relating Pages S7058±60 to Lyme disease and other tick-borne diseases. Gramm Amendment No. 3010, to permit recipi- (See next issue.) ents of Naval Reserve Officers’ Training Corps schol- Thurmond (for Brownback) Amendment No. arships to attend the participating college or univer- 2904, to express the sense of the Senate regarding sity of their choice. (See next issue.) the August 1995 assassination attempt against Presi- Faircloth Modified Amendment No. 3014, to au- dent Shevardnadze of Georgia. (See next issue.) thorize funds for the construction of the National Levin (for Rockefeller) Amendment No. 3021, to Guard Military Educational Facility at Fort Bragg, make funds available for the DOD/VA Cooperative North Carolina. (See next issue.) Research Program. (See next issue.) Thurmond/Levin Amendment No. 3015, to in- Warner (for Domenici/Bingaman) Amendment crease the percent by which the rates of basic pay are No. 3022, relating to activities of the contractor-op- to be increased. (See next issue.) erated facilities of the Department of Energy. Burns Amendment No. 2728, to improve the (See next issue.) quality of life for members of the Armed Forces by Levin (for Wyden/Smith of Oregon) Amendment authorizing additional military construction and No. 3023, relating to Department of Defense avia- military family housing projects. (See next issue.) tion accident investigations. (See next issue.) Warner/Levin/Lott/Daschle Amendment No. Thurmond (for Smith of Oregon) Amendment No. 3016, to name the bill in honor of Senator Strom 2783, to provide for the issuance of burial flags to Thurmond. (See next issue.) deceased members and former members of the Se- Thurmond (for Coats) Amendment No. 2823, to lected Reserve. (See next issue.) require the Director of the Federal Emergency Man- Levin (for Durbin) Modified Amendment No. agement Agency to carry out a program of assistance 2923, to require the Assistant Secretary of Defense for State and local governments to ensure the pre- for Health Affairs to revise the TRICARE policy paredness of those governments to respond to poten- manual to clarify that rehabilitative services are tial emergencies resulting from the destruction of le- available to a patient for a head injury under certain thal chemical agents and munitions. (See next issue.) circumstances. (See next issue.) Levin (for Biden) Modified Amendment No. Warner (for Thurmond) Amendment No. 3024, 2867, to make available $30,000,000 for the Initia- to enable the Secretary of Energy to set a maximum tives for Proliferation Prevention program and age at which new couriers may enter the Department $30,000,000 for the so-called ‘‘nuclear cities’’ initia- of Energy’s nuclear materials courier force and to tive. (See next issue.) provide early retirement programs for the Depart- Thurmond (for Stevens) Modified Amendment ment’s nuclear materials couriers. (See next issue.) No. 2909, to require the Secretary of Defense to pro- Warner (for Jeffords/Leahy) Amendment No. vide new incentives for retention of personnel for 3025, to require a review and report regarding the critical military specialties. (See next issue.) distribution of National Guard resources among Levin (for Mikulski) Modified Amendment No. States. (See next issue.) 2791, to require the Secretary of the Navy to carry Levin (for Wellstone) Amendment No. 3026, to out a vessel scrapping pilot program. (See next issue.) provide health benefits for abused dependents of Thurmond (for Thomas/Enzi) Amendment No. members of the armed forces. (See next issue.) 3017, to authorize $13,584,000 for the construction Levin (for Wyden/Grassley) Amendment No. of a Combined Support Maintenance Shop for the 3027, to eliminate secret Senate holds. Army National Guard at Camp Guernsey, Wyo- (See next issue.) ming. (See next issue.) Warner (for Domenici/Bingaman) Amendment Levin (for Harkin) Amendment No. 3018, to in- No. 3028, to provide funds for research, develop- crease by $10,000,000 the total amount authorized ment, test, and evaluation for the Low Cost Launch to be appropriated for research and development re- Development Program. (See next issue.) June 25, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D707 Levin (for Durbin) Amendment No. 3029, to re- Convention requirements to destroy the U.S. chemi- quire efforts to continue to increase defense cal stockpile. (See next issue.) burdensharing by allies. (See next issue.) Levin (for Byrd) Amendment No. 3039, to amend Warner (for Sessions) Amendment No. 2907, to title 10, United States Code, with respect to the ad- require the Secretary of Energy to select the tech- ministration of certain drugs to members of the nology to be used for tittium production by Decem- Armed Forces without the informed consent of the ber 31, 1998. (See next issue.) members. (See next issue.) Warner (for Graham/Bennett) Amendment No. Warner (for Hutchison) Amendment No. 3040, to 3030, to add findings and additional items for the authorize the conveyance of utility systems at Lone report on the continuity of essential operations at Star Army Ammunition Plant, Texas. risk of failure because of computer systems that are (See next issue.) not year 2000 compliant. (See next issue.) Warner (for Murkowski) Amendment No. 3041, Warner/Santorum Amendment No. 3031, to mod- to require a report recommending alternative means ify the requirements relating to reports on the trans- for a small disadvantaged business refiner to fulfill ferability of functions of the Defense Automated its contractual obligations. (See next issue.) Printing Service. (See next issue.) Levin (for Sarbanes) Modified Amendment No. Rejected: 2792, to provide funds for emergency repairs and By 18 yeas to 74 nays (Vote No. 173), Wellstone/ stabilization measures at the historic district of the Boxer Amendment No. 2902, to provide funds for Forest Glen Annex of Walter Reed Army Medical the Child Development Program of the Department Center, Maryland. (See next issue.) of Defense. Pages S7040±42 Warner (for Santorum) Amendment No. 3032, to By 38 yeas to 55 nays (Vote No. 175), Harkin/ increase funds for procurement of M888, 60-milli- Wellstone Amendment No. 2982, to authorize a meter, high-explosive munitions for the Marine transfer of funds from the Department of Defense to Corps. (See next issue.) the Department of Veterans Affairs for health care. Warner (for Santorum) Amendment No. 3033, re- Pages S7039, S2946±47 lating to the pharmacy benefit available under the By 44 yeas to 49 nays (Vote No. 176), Murray/ health care demonstration projects with respect to Snowe Amendment No. 2794, to repeal the restric- medicare-eligible beneficiaries of the military health tion on the use of Department of Defense facilities care system. (See next issue.) for abortions. Pages S7060±66, S7075±76 Levin (for Dorgan/Conrad) Amendment No. 3034, Reid Amendment No. 3009, relating to the with- to modify the land conveyance authority with respect drawal of lands at the Juniper Butte Range, Idaho, to Finley Air Force Station, Finley, North Dakota. for use by the Secretary of the Air Force. (By 49 yeas (See next issue.) to 44 nays (Vote No. 177), Senate tabled the amend- Warner (for Hutchinson) Modified Amendment ment.) Pages S7066±75, S7076±77 No. 2976, to express the sense of the Congress that By 20 yeas to 72 nays (Vote No. 178) Feingold significant funds be directed towards broadcasting to Amendment No. 2808, to terminate the Extremely China and Tibet in appropriate languages and dia- Low Frequency Communication System program of lects. (See next issue.) the Navy. (See next issue.) Levin (for Biden/Levin) Amendment No. 3035, to By 19 yeas to 73 nays (Vote No. 179) Bumpers/ require a report on the peaceful employment of Feingold Amendment No. 3012, to limit the obliga- former Soviet experts on weapons of mass destruc- tion of advance procurement funds for the F–22 air- tion. (See next issue.) craft program. (See next issue.) Warner (for Kyl/Murkowski) Amendment No. By 39 yeas to 53 nays (Vote No. 180) Byrd 3036, to require a study on effective deployment of Amendment No. 3011 (to Amendment No. 3010), theater missile defense systems in the Asia-Pacific re- to require separate training platoons and separate gion. (See next issue.) Warner (for Bingaman/Domenici) Amendment housing for male and female basic trainees, and to No. 3037, to require the submission of a plan and ensure after-hours privacy for basic trainees. design relating to the relocation of the National (See next issue.) Atomic Museum in Albuquerque, New Mexico. Energy National Security: Senate passed S. 2058, (See next issue.) to authorize appropriations for fiscal year 1999 for Warner (for Murkowski) Amendment No. 3038, defense activities of the Department of Energy, after to require a report on the cooperation between the striking all after the enacting clause and inserting in Department of the Army and the Environmental lieu thereof Division C of S. 2057, National Defense Protection Agency in meeting Chemical Weapons Authorizations, as amended. (See next issue.) D708 CONGRESSIONAL RECORD — DAILY DIGEST June 25, 1998 Military Construction Authorizations: Senate appropriations for such construction for fiscal year passed S. 2059, to authorize appropriations for fiscal 1999. (See next issue.) year 1999 for military construction, after striking all Burns (for Thomas/Enzi) Amendment No. 3046, after the enacting clause and inserting in lieu thereof to increase the appropriation for military construc- Division B of S. 2057, National Defense Authoriza- tion for the Army National Guard and to decrease tions, as amended. (See next issue.) the appropriation for military construction for the National Defense Authorizations: Senate passed Army Reserve. (See next issue.) S. 2060, to authorize appropriations for fiscal year Senate insisted on its amendment, requested a 1999 for military activities of the Department of conference with the House thereon, and the Chair Defense, and to prescribe personnel strengths for was authorized to appoint the following conferees: such fiscal year for the Armed Forces, after striking Senators Burns, Hutchison, Faircloth, Craig, Stevens, all after the enacting clause and inserting in lieu Murray, Reid, Inouye, and Byrd. (See next issue.) thereof Division A of S. 2057, National Defense Au- Commending the Library of Congress: Senate thorizations, as amended. (See next issue.) agreed to S. Con. Res. 106, to commend the Library A unanimous-consent agreement was reached with of Congress for 200 years of outstanding service to respect to further consideration of S. 2057, S. 2058, Congress and the Nation, and to encourage activities S. 2059, and S. 2060 (all listed above as passed by to commemorate the bicentennial anniversary of the the Senate), that if the Senate receives a message Library of Congress. (See next issue.) from the House of Representatives with respect to any of those bills, that the Senate be deemed to have Alaska Land Exchange: Senate passed S. 1158, to disagreed to the amendment or amendments to the amend the Alaska Native Claims Settlement Act, re- Senate-passed bill, that the Senate agree to or request garding the Huna Totem Corporation public interest a conference with the House thereon, and the Chair land exchange, after agreeing to a committee amend- be authorized to appoint conferees on the part of the ment in the nature of a substitute, and the following Senate. (See next issue.) amendment proposed thereto: (See next issue.) Burns (for Murkowski) Amendment No. 3042, of National Defense Authorizations: Senate passed a technical nature. (See next issue.) H.R. 3616, to authorize appropriations for fiscal year 1999 for military activities of the Department of Alaska Land Exchange: Senate passed S. 1159, to Defense, for military construction, and for defense amend the Alaska Native Claims Settlement Act, re- activities of the Department of Energy, and to pre- garding the Kake Tribal Corporation public interest scribe personnel strengths for such fiscal year for the land exchange, after agreeing to a committee amend- Armed Forces, after striking all after the enacting ment in the nature of a substitute, and the following clause and inserting in lieu thereof the text of S. amendment proposed thereto: (See next issue.) 2057, as amended. (See next issue.) Burns (for Murkowski) Amendment No. 3043, re- Senate insisted on its amendment, requested a lating to the Kake Tribal Corporation land exchange. conference with the House thereon, and the Chair (See next issue.) appointed the following conferees: Senators Thur- Alaska Hydroelectric Project: Senate passed S. mond, Warner, McCain, Coats, Smith (New Hamp- 439, to provide for Alaska State jurisdiction over shire), Kempthorne, Inhofe, Santorum, Snowe, Rob- small hydroelectric projects, to address voluntary li- erts, Levin, Kennedy, Bingaman, Glenn, Byrd, Robb, censing of hydroelectric projects on fresh waters in Lieberman, and Cleland. (See next issue.) the State of Hawaii, to provide an exemption for Military Construction Appropriation, 1999: Sen- portion of a hydroelectric project located in the State ate passed H.R. 4059, making appropriations for of New Mexico, after agreeing to committee amend- military construction, family housing, and base re- ments. (See next issue.) alignment and closure for the Department of Defense Hawaii Hydroelectric Project: Senate passed S. for the fiscal year ending September 30, 1999, after 846, to amend the Federal Power Act to remove the striking all after the enacting clause and inserting in jurisdiction of the Federal Energy Regulatory Com- lieu thereof the text of S. 2160, Senate companion mission to license projects on fresh waters in the measure, and after taking action on the following State of Hawaii. (See next issue.) amendments proposed thereto: (See next issue.) Burns Amendment No. 3045, to adjust appropria- Wyoming Land Conveyance: Senate passed S. tions for Navy military construction, Air Force fam- 799, to direct the Secretary of the Interior to transfer ily housing construction, and Defense-Wide military to the personal representative of the estate of Fred construction to accommodate the authorizations of Steffens of Big Horn County, Wyoming, certain land June 25, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D709 comprising the Steffens family property, after agree- Martin Luther King Memorial Location: Senate ing to a committee amendment in the nature of a passed H.J. Res. 113, approving the location of a substitute. (See next issue.) Martin Luther King, Jr., Memorial in the Nation’s Wyoming Land Conveyance: Senate passed S. Capital, clearing the measure for the President. 814, to direct the Secretary of the Interior to transfer (See next issue.) to John R. and Margaret J. Lowe of Big Horn Coun- National Underground Railroad Network to ty, Wyoming, certain land so as to correct an error Freedom: Committee on Energy and Natural Re- in the patent issued to their predecessors in interest, sources was discharged from further consideration of after agreeing to a committee amendment in the na- H.R. 1635, to establish within the United States ture of a substitute. (See next issue.) National Park Service the National Underground California Land Conveyance: Senate passed H.R. Railroad Network to Freedom program, and the bill 960, to validate certain conveyances in the City of was then passed, clearing the measure for the Presi- Tulare, Tulare County, California, clearing the meas- dent. Page S7078 ure for the President. (See next issue.) National Peace Groud Memorial: Senate concurred Minidoka Project Conveyance: Senate passed S. in the amendment of the House to S. 731, to extend 538, to authorize the Secretary of the Interior to the legislative authority for construction of the Na- convey certain facilities of the Minidoka project to tional Peace Garden memorial, clearing the measure the Burley Irrigation District, after agreeing to a for the President. (See next issue.) committee amendment in the nature of a substitute, Higher Education Act Reauthorization—Agree- and the following amendment proposed thereto: ment: A unanimous-consent agreement was reached (See next issue.) providing for the consideration of S. 1882, to reau- Burns (for Craig) Amendment No. 3044, to mod- thorize the Higher Education Act of 1965, with a ify the committee amendment relating to land trans- committee amendment in the nature of a substitute, fer. (See next issue.) and certain amendments to be proposed thereto. Washington State Hydroelectric Project: Senate (See next issue.) passed H.R. 651, to extend the deadline under the Federal Power Act for the construction of a hydro- Alaska Land Conveyance—Agreement: A unani- electric project located in the State of Washington, mous-consent time-agreement was reached providing clearing the measure for the President. for the consideration of S. 660, to provide for the (See next issue.) continuation of higher education through the con- veyance of certain public lands in the State of Alaska Washington State Hydroelectric Project: Senate to the University of Alaska, with an amendment in passed H.R. 652, to extend the deadline under the the nature of a substitute, and certain amendments Federal Power Act for the construction of a hydro- to be proposed thereto. (See next issue.) electric project located in the State of Washington, clearing the measure for the President. Alaska Land Transfer Agreement: A unanimous- (See next issue.) consent time-agreement was reached providing for the consideration of S. 1092, to provide for a transfer New York Hydroelectric Project: Senate passed H.R. 848, to extend the deadline under the Federal of land interests in order to facilitate surface trans- Power Act applicable to the construction of the Au- portation between the cities of Cold Bay, Alaska, Sable Hydroelectric Project in New York, clearing and King Cove, Alaska, and certain amendments to (See next issue.) the measure for the President. (See next issue.) be proposed thereto. Washington State Hydroelectric Project: Senate Nominations—Agreement: A unanimous-consent passed H.R. 1184, to extend the deadline under the agreement was reached providing for the consider- Federal Power Act for the construction of the Bear ation of the nominations of A. Howard Matz, of Creek hydroelectric project in the State of Washing- California, to be United States District Judge for the ton, clearing the measure for the President. Central District of California, and Victoria A. Rob- (See next issue.) erts, of Michigan, to be United States District Judge Washington State Hydroelectric Project: Senate for the Eastern District of Michigan, on Friday, June passed H.R. 1217, to extend the deadline under the 26, 1998, with votes to occur thereon. Federal Power Act for the construction of a hydro- (See next issue.) electric project located in the State of Washington, Messages from the President: Senate received the clearing the measure for the President. following messages from the President of the United (See next issue.) States: D710 CONGRESSIONAL RECORD — DAILY DIGEST June 25, 1998 Transmitting the report entitled ‘‘Science and En- gineering Indicators—1998’’; referred to the Com- Committee Meetings mittee on Commerce, Science, and Transportation. (Committees not listed did not meet) (PM–141). (See next issue.) Nominations Confirmed: Senate confirmed the fol- BUSINESS MEETING lowing nominations: Committee on Agriculture, Nutrition, and Forestry: Com- Mary Anne Sullivan, of the District of Columbia, mittee ordered favorably reported an original bill to to be General Counsel of the Department of Energy. authorize funds through fiscal year 2003 for pro- Donald J. Barry, of Wisconsin, to be Assistant grams of the National School Lunch Act and the Secretary for Fish and Wildlife. Child Nutrition Act of 1966 to provide children Michael S. Dukakis, of Massachusetts, to be a with increased access to food and nutrition assist- Member of the Reform Board (AMTRAK) for a term ance, and to simplify program operations and im- of five years. prove program management. John Robert Smith, of Mississippi, to be a Mem- BUSINESS MEETING ber of the Reform Board (AMTRAK) for a term of Committee on Appropriations: Committee ordered favor- five years. ably reported the following bills: Tommy G. Thompson, of Wisconsin, to be a An original bill making appropriations for the Member of the Reform Board (AMTRAK) for a term Department of the Interior and related agencies for of five years. the fiscal year ending September 30, 1999; and 52 Air Force nominations in the rank of general. An original bill making appropriations for the 30 Army nominations in the rank of general. Departments of Commerce, Justice, and State, and 10 Navy nominations in the rank of admiral. the Judiciary, and related agencies for the fiscal year Routine lists in the Air Force, Army, Marine ending September 30, 1999. Corps, Navy. Pages S7078±79 NOMINATIONS Nomination Received: Senate received the follow- Committee on Armed Services: Committee ordered favor- ing nomination: ably reported 678 military nominations in the Army, David O. Carter, of California, to be United States Navy, Marine Corps, and Air Force. District Judge for the Central District of California. Page S7078 BUSINESS MEETING Messages From the President: (See next issue.) Committee on Banking, Housing, and Urban Affairs: Committee ordered favorably reported the following Messages From the House: (See next issue.) business items: Measures Referred: (See next issue.) S. 1283, to award Congressional gold medals to Measures Placed on Calendar: (See next issue.) Jean Brown Trickey, Carlotta Walls LaNier, Melba Patillo Beals, Terrence Roberts, Gloria Ray Communications: (See next issue.) Karlmark, Thelma Mothershed Wair, Ernest Green, Petitions: (See next issue.) Elizabeth Eckford, and Jefferson Thomas, commonly referred collectively as the ‘‘Little Rock Nine’’ on the Executive Reports of Committees: (See next issue.) occasion of the 40th anniversary of the integration of Statements on Introduced Bills: (See next issue.) the Central High School in Little Rock, Arkansas; Additional Cosponsors: (See next issue.) An original bill entitled ‘‘International Anti-Brib- ery Act’’; and Amendments Submitted: (See next issue.) The nominations of Michael J. Copps, of Virginia, Authority for Committees: (See next issue.) to be Assistant Secretary for Trade Development, and Additional Statements: (See next issue.) Awilda R. Marquez, of Maryland, to be Assistant Secretary, and Director General of the United States Record Votes: Nine record votes were taken today. and Foreign Commercial Service, both of the Depart- (Total—181) Pages S7042, S7046, S7047, S7076, S7077 ment of Commerce. Adjournment: Senate convened at 9:30 a.m., and adjourned at 11:28 p.m., until 9:30 a.m., on Friday, FINANCIAL SERVICES COMPETITIVENESS June 26, 1998. (For Senate’s program, see the re- ACT marks of the Acting Majority Leader in today’s Committee on Banking, Housing, and Urban Affairs: Record on page S7078.) Committee concluded hearings on H.R. 10, to en- hance competition in the financial services industry June 25, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D711 by providing a prudential framework for the affili- Assistant to the Director of Central Intelligence for ation of banks, securities firms, and other financial Nonproliferation. service providers, after receiving testimony from Hearings were recessed subject to call. Julie L. Williams, Acting Comptroller of the Cur- rency, and Ellen Seidman, Director, Office of Thrift DUAL-USE TECHNOLOGY EXPORT Supervision, both of the Department of the Treasury; LICENSING PROCESS Arthur Levitt, Chairman, Securities and Exchange Commission; Donna Tanoue, Chairman, Federal De- Committee on Governmental Affairs: Committee posit Insurance Corporation; Timothy R. McTaggart, concluded hearings to examine the Defense Tech- Dover, Delaware, on behalf of the Conference of nology Security Administration’s role in the licens- State Bank Supervisors; George Nichols III, Shelby- ing process for the export of dual-use technologies to ville, Kentucky, on behalf of the National Associa- foreign countries, after receiving testimony from tion of Insurance Commissioners; and Denise Voigt Peter M. Leitner, Senior Strategic Trade Advisor, Crawford, on behalf of the North American Securi- Defense Technology Security Administration, and ties Administrators Association, and James L. Pledg- Franklin C. Miller, Principal Deputy Assistant Sec- er, on behalf of the American Council of State Sav- retary for Strategy and Threat Reduction, both of the ings Supervisors, both of Austin, Texas. Department of Defense. NOMINATION BUSINESS MEETING Committee on Energy and Natural Resources: Committee Committee on the Judiciary: Committee ordered favor- ordered favorably reported the nomination of Wil- liam Lloyd Massey, of Arkansas, to be a Member of ably reported the following business items: the Federal Energy Regulatory Commission. S. 1976, to increase public awareness of the plight Prior to this action, committee concluded hearings of victims of crime with developmental disabilities, on the nomination of Mr. Massey, after the nominee, to collect data to measure the magnitude of the who was introduced by Senator Bumpers, testified problem, and to develop strategies to address the and answered questions in his own behalf. safety and justice needs of victims of crime with de- velopmental disabilities, with an amendment in the UTAH LAND EXCHANGE nature of a substitute; and Committee on Energy and Natural Resources: Sub- The nominations of John D. Kelly, of North Da- committee on Forests and Public Land Management kota, to be United States Circuit Judge for the concluded hearings on S. 2146 and H.R. 3830, bills Eighth Circuit, Raner Christercunean Collins, to be to provide for the exchange of Utah School Trust United States District Judge for the District of Ari- lands located within Utah’s national parks, monu- zona, Robert G. James, to be United States District ments, recreation areas, and forests for cash and fed- Judge for the Western District of Louisiana, Dan A. eral assets in other parts of Utah, after receiving tes- Polster, to be United States District Judge for the timony from Senators Hatch and Bennett; Represent- Northern District of Ohio, and Ralph E. Tyson, to atives Cook and Cannon; John D. Leshy, Solicitor, be United States District Judge for the Middle Dis- Department of the Interior; Utah Governor Michael trict of Louisiana. O. Leavitt, David T. Terry, Utah School and Institu- Also, committee continued markup of S.J. Res. tional Trust Lands Administration, John L. Watson, 44, proposing an amendment to the Constitution of Utah State Board of Education, Paula Plant, Utah the United States to protect the rights of crime vic- Congress of Parents and Teachers, and Roger P. Pin- kerton, Conoco Inc., all of Salt Lake City, Utah; tims, but did not complete action thereon and re- Emery County Commissioner Randy G. Johnson, cessed subject to call. Castle Dale, Utah, on behalf of the Utah Association of Counties Public Lands Oversight Committee; Gar- JUDGESHIP ALLOCATION field County Commissioner Louise Liston, Escalante, Committee on the Judiciary: Subcommittee on Admin- Utah; Kane County Commissioner Joe Judd, Kanab, istrative Oversight and the Courts concluded hear- Utah; and William H. Meadows, Wilderness Society, ings to examine the appropriate allocation of judge- Washington, D.C. ships in the United States Court of Appeals for the CHINA MISSILE PROLIFERATION Seventh Circuit, after receiving testimony from Rich- ard A. Posner, Chief Judge, Seventh Circuit Court of Committee on Foreign Relations: Committee held closed Appeals; and William R. Quinlan, Quinlan & hearings to examine Chinese missile proliferation Crisham, Chicago, Illinois. issues, receiving testimony from John Lauder, Special D712 CONGRESSIONAL RECORD — DAILY DIGEST June 25, 1998 HEALTH INSURANCE COVERAGE FOR 55- icans aged 55–64 who are not yet eligible for Medi- TO 64-YEAR-OLDS care, after receiving testimony from Senator Daschle; Committee on Labor and Human Resources: Committee William J. Scanlon, Director, Health Financing and concluded hearings to examine a report entitled Pri- Systems Issues, Health, Education, and Human Serv- ices Division, General Accounting Office; C. Keith vate Health Insurance: Declining Employer Coverage Campbell, Seward, Alaska, on behalf of the American May Affect Access for 55-to 64-Year-Olds, which Association of Retired Persons; Paul Fronstin, Em- addresses the employment, income, health, and ployee Benefit Research Institute, and Charles N. health insurance status of the near elderly popu- Kahn III, Health Insurance Association of America, lation, and their ability to obtain employer-based both of Washington, D.C.; David Shactman, Insti- health insurance if they retire before becoming eligi- tute for Health Policy/Brandeis University, Wal- ble for Medicare, and proposed legislation to expand tham, Massachusetts; and Teresa DeRuiter, Milwau- access to health coverage for certain uninsured Amer- kee, Wisconsin. h House of Representatives olution by a yea and nay vote of 225 yeas to 188 Chamber Action nays, Roll No. 267. Pages H5302±03, H5329±30 Bills Introduced: 55 public bills, H.R. 4138–4192; Treasury, Postal Service Appropriations Act: By and 6 resolutions, H.J. Res. 124–125, H. Con. Res. a recorded vote of 125 ayes to 291 noes, Roll No. 297, and H. Res. 495–497 were introduced. 268, the House failed to agree to H. Res. 485, the Pages H5402±04 rule to provide for consideration of H.R. 4104, mak- Reports Filed: Reports were filed as follows: ing appropriations for the Treasury Department, the H.R. 2795, to extend certain contracts between United States Postal Service, the Executive Office of the Bureau of Reclamation and irrigation water con- the President, and certain Independent Agencies, for tractors in Wyoming and Nebraska that receive the fiscal year ending September 30, 1999, water from Glendo Reservoir, amended (H. Rept. Pages H5307±15, H5330±31 105–604); Legislative Branch Appropriations Act: The H.R. 3682, to amend title 18, United States House passed H.R. 4112, making appropriations for Code, to prohibit taking minors across State lines to the Legislative Branch for the fiscal year ending Sep- avoid laws requiring the involvement of parents in tember 30, 1999, by a yea and nay vote of 235 yeas abortion decisions, amended (H. Rept. 105–605); to 179 nays, Roll No. 272. Pages H5332±52 H.R. 3748, to amend the Federal Election Cam- By a yea and nay vote of 192 yeas to 222 nays, paign Act of 1971 to authorize appropriations for Roll No. 271, rejected the Obey motion to recom- the Federal Election Commission for fiscal year mit the bill to the Committee on Appropriations 1999. (H. Rept. 105–606); and with instructions to report it back with an amend- H. Res. 392, relating to the importance of Japa- ment to reduce ‘‘Committee Employees Standing nese American relations and the urgent need for Committees, Special and Select’’ funding by $8.3 Japan to more effectively address its economic and million. Pages H5350±51 financial problems and open its markets by eliminat- Agreed To: ing informal barriers to trade and investment, there- The Farr amendment that clarifies that $100,000 by making a more effective contribution to leading shall be made available for the Office Waste Recy- the Asian region out of its current financial crisis, cling Program; and Pages H5348±49 insuring against a global recession, and reinforcing The Gutierrez amendment that mandates the es- regional stability and security, amended (H. Rept. tablishment of a energy conservation plan, thus 105–607, Part 1). Page H5402 bringing Congress into compliance with the energy Independence Day District Work Period: The efficiency standards established under the Energy House agreed to H. Con. Res. 297, providing for ad- Policy Relief Act of 1992. Pages H5349±50 journment of the House and Senate for the Inde- A point of order was sustained against Section pendence Day district work period. Page H5330 108, dealing with transit programs. Pages H5347±48 Earlier the House agreed to H. Res. 491, the rule H. Res. 489, the rule that provided for consider- that provided for consideration of the concurrent res- ation of the bill, was agreed to by a recorded vote June 25, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D713 of 228 ayes to 188 noes, Roll No. 270. Earlier, consent to the amendment in the nature of a sub- agreed to order the previous question by a yea and stitute offered by Mr. Ballenger. Pages H5386±87 nay vote of 222 yeas to 194 nays, Roll No. 269. Emancipation of African slaves in the Danish Pages H5315±29, H5331±32 West Indies now the United States Virgin Is- Member Sworn: Representative-elect Heather Wil- lands: The House agreed to H. Res. 495, relating son of New Mexico presented herself in the well of to the recognition of the connection between the the House and was administered the oath of office emancipation of African slaves in the Danish West by the Speaker. Page H5352 Indies, now the United States Virgin Islands, to the IRS Restructuring and Reform Act Conference American Declaration of Independence from the Report: The House agreed to the conference report British Government. Pages H5387±88 on H.R. 2676, to amend the Internal Revenue Code Presidential Message—Science and Engineering of 1986 to restructure and reform the Internal Reve- Indicators: Read a message from the President nue Service, by a recorded vote of 402 ayes to 8 wherein he transmitted the Science and Engineering noes, Roll No. 273. Pages H5352±68 Indicators of 1998 report of the National Science Rejected the McDermott motion to recommit the Board—referred to the Committee on Science. conference report with instructions to managers on Page H5388 the part of the House to disagree to section 5001, Speaker Pro Tempore: Read a letter from the relating to lower capital gains rates to apply to prop- Speaker wherein he designated Representative erty held more than 1 year by a yea and nay vote Morella to act as Speaker pro tempore to sign en- of 116 yeas to 292 nays, Roll No. 273. rolled bills and joint resolutions through July 14, Pages H5367±68 H. Res. 490, the rule that waived points of order 1998. Page H5388 against the conference report accompanying the bill, Resignations and Appointments: Agreed that not- was agreed to earlier by a voice vote. Pages H5304±07 withstanding any adjournment of the House until Late Reports: The Committee on Appropriations re- Tuesday, July 14, 1998, the Speaker, Majority Lead- ceived permission to have until midnight on er, and Minority Leader, be authorized to accept res- Wednesday, July 8, to file reports on bills making ignations and to make appointments authorized by appropriations for the Department of the Interior law or by the House. Page H5389 and Related Agencies; and making appropriations for Calendar Wednesday: Agreed that business in the Department of Veterans Affairs, HUD, and sun- order under the Calendar Wednesday rule be dis- dry agencies. Page H5369 pensed with on July 15. Page H5389 Legislative Program: Representative Solomon an- Senate Message: Messages received from the Senate nounced the legislative program for the week of July today appear on pages H5299 and H5392. 13. Pages H5369±70 Amendments: Amendments ordered printed pur- Honoring the Berlin Airlift: The House agreed to suant to the rule appear on pages H5406–08. H. Con. Res. 230, amended, honoring the Berlin Quorum Calls—Votes: Five yea and nay votes, and Airlift. Earlier, agreed by unanimous consent to three recorded votes developed during the proceed- technical amendments offered by Mr. Hefley. ings of the House today and appear on pages Pages H5385±86 H5329–30, H5330–31, H5331–32, H5332, H5351, Child Support Performance and Incentive Act: H5351–52, H5367–68, and H5368. There were no The House agreed to the Senate amendments to quorum calls. H.R. 3130, to provide for an alternative penalty pro- Adjournment: Met at 10:00 a.m. and pursuant to cedure for States that fail to meet Federal child sup- the provisions of H. Con. Res. 297, adjourned at port data processing requirements, to reform Federal 7:33 p.m., until July 14. incentive payments for effective child support per- formance, and to provide for a more flexible penalty procedure for States that violate interjurisdictional Committee Meetings adoption requirements, with House amendments. FOOD QUALITY PROTECTION ACT— Pages H5370±85 IMPLEMENTATION Private Non-Profit Food Bank Volunteers: The Committee on Agriculture: Subcommittee on Depart- House passed H.R. 3152, amended, to provide that ment Operations, Nutrition, and Foreign Agriculture certain volunteers at private non-profit food banks held a hearing to review the implementation of the are not employees for purposes of the Fair Labor Food Quality Protection Act. Testimony was heard Standards Act of 1938. Earlier, agreed by unanimous from Richard Rominger, Deputy Secretary, USDA; D714 CONGRESSIONAL RECORD — DAILY DIGEST June 25, 1998 Fred Hansen, Deputy Administrator, EPA; Jean- tion in Contracting Act of 1997. Testimony was Mari Peltier, Chief Deputy Director, Environmental heard from the following officials of the Bureau of Protection Agency, Department of Pesticide Regula- Prisons, Department of Justice: Kathleen Hawk Saw- tion, State of California; and public witnesses. yer, Director; and Steve Schwalb, Assistant Director; AGRICULTURAL EXPORT PROGRAMS Michael J. Sullivan, Secretary, Department of Correc- ADMINISTRATION’S USE tions, State of Wisconsin; and public witnesses. Committee on Agriculture: Subcommittee on General RADIATION WORKERS JUSTICE ACT Farm Commodities held a hearing to review the Ad- Committee on the Judiciary: Subcommittee on Immi- ministration’s use of agricultural export programs. gration held a hearing on H.R. 3539, Radiation Testimony was heard from Representative Hill and Workers Justice Act of 1998. Testimony was heard August Schumacher, Jr., Under Secretary, Farm and from Representative Redmond; Donald M. Remy, Foreign Agricultural Services, USDA. Deputy Assistant Attorney General, Civil Division, INTERIOR AND VA, HUD AND Department of Justice; Lawrence J. Fine, M.D., Di- INDEPENDENT AGENCIES rector, Division of Surveillance, Hazard Evaluations APPROPRIATIONS and Field Studies, National Institute for Occupa- Committee on Appropriations: Ordered reported the fol- tional Safety and Health, Center for Disease Control lowing appropriations for fiscal year 1999: Interior and Prevention, Department of Health and Human and VA, HUD and Independent Agencies. Services; and public witnesses. HOMEOWNERS’ INSURANCE AVAILABILITY OVERSIGHT—FOREST SERVICE TRAINING ACT Committee on Resources: Subcommittee on Forests and Committee on Banking and Financial Services: Began Forest Health held an oversight hearing on Forest markup of H.R. 219, Homeowners’ Insurance Avail- Service Training. Testimony was heard from Ron ability Act of 1997. Stewart, Deputy Chief, Programs and Legislation, Will continue July 15. Forest Service, USDA. ELECTRONIC COMMERCE MISCELLANEOUS MEASURES OVERSIGHT— Committee on Commerce: Subcommittee on Tele- AUBURN DAM SITE; communications, Trade, and Consumer Protection Committee on Resources: Subcommittee on Water and held a hearing on Electronic Commerce: Consumer Power approved for full Committee action the fol- Protection in Cyberspace. Testimony was heard from lowing bills: H.R. 4111, amended, to provide for Eileen Harrington, Associate Director, Division of outlet modifications to Folsom Dam, a study for re- Marketing Practices, Bureau of Consumer Protection, construction of the Northfork American River FTC; Shirley Sarna, Assistant Attorney General, Bu- Cofferdam, and the transfer to the State of California reau of Consumer Frauds and Protection, State of all right, title, and interest in and to the Auburn New York; and public witnesses. Dam; H.R. 1282, amended, to authorize the Sec- IMPEDIMENTS TO UNION DEMOCRACY retary of the Interior to convey certain facilities of the Minidoka project to the Burley Irrigation dis- Committee on Education and the Workforce: Subcommit- trict; H.R. 1943, amended, to convey certain real tee on Employer-Employee Relations continued hear- property within the Carlsbad Project in New Mexico ings on Impediments to Union Democracy, Part II: to the Carlsbad Irrigation District; H.R. 3056, to Right to Vote in the Carpenter’s Union? Testimony provide for the preservation and sustainability of the was heard from public witnesses. family farm through the transfer of responsibility for NIGERIA—PROSPECTS FOR DEMOCRACY operation and maintenance of the Flathead Indian Ir- Committee on International Relations: Held a hearing on rigation Project; H.R. 3687, amended, to authorize Prospects for Democracy in Nigeria. Testimony was prepayment of amounts due under a water reclama- heard from Susan Rice, Assistant Secretary, Bureau tion project contract for the Canadian River Project, of African Affairs, Department of State; and public Texas; and H.R. 4048, amended, to convey the Sly witnesses. Park Dam and Reservoir to the El Dorado Irrigation District. MISCELLANEOUS MEASURES The Subcommittee held an oversight hearing on Committee on the Judiciary: Subcommittee on Crime the status of the Auburn Dam Site and the potential held a hearing on the following bills; H.R. 4100, to transfer the Federal interest to the State of Cali- Free Market Prison Industries Reform Act of 1998; fornia. Testimony was heard from John Zirschky, and H.R. 2758, Federal Prison Industries Competi- Acting Assistant Secretary of the Army, Civil June 25, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D715 Works, Department of Defense; and public wit- was heard from Rear Adm. Robert C. North, USCG, nesses. Assistant Commandant, Marine Safety, U.S. Coast OVERSIGHT—CHINA: DUAL-USE SPACE Guard, Department of Transportation; and public TECHNOLOGY witnesses. Committee on Science: Held an oversight hearing on FEDERAL RETIREMENT COVERAGE China: Dual-Use Space Technology. Testimony was CORRECTIONS ACT; TRADE MEASURES heard from public witnesses. Committee on Ways and Means: Ordered reported WOMEN’S SMALL BUSINESS EXPANSION amended H.R. 3249, Federal Retirement Coverage ACT Corrections Act. Committee on Small Business: Ordered reported H.R. The Committee adversely reported the following 4078, Women’s Small Business Expansion Act of measures: H.J. Res. 120, disapproving the extension 1998. of the waiver authority contained in section 402(c) MISCELLANEOUS MEASURES; RESOLUTIONS of the Trade Act of 1974 with respect to Vietnam; Committee on Transportation and Infrastructure: Ordered and H.J. Res. 121, disapproving the extension of reported the following bills: H.R. 2379, to designate nondiscriminatory treatment (most-favored-nation the Federal building and U.S. courthouse located at treatment) to the products of the People’s Republic 251 North Main Street in Winston-Salem, NC, as of China. the ‘‘Hiram H. Ward Federal Building and United f States Courthouse’’; H.R. 2787, amended, to des- ignate the United States courthouse located in New NEW PUBLIC LAWS Haven, Connecticut, as the ‘‘Richard C. Lee United States Courthouse’’; H.R. 3696, amended, to des- (For last listing of Public Laws, see DAILY DIGEST, p. D690) ignate the Federal Courthouse located at 316 North H.R. 1847, to improve the criminal law relating 26th Street in Billings, Montana, as the ‘‘James F. to fraud against consumers. Signed June 23, 1998. Battin Federal Courthouse’’; H.R. 3982, amended, to (P.L. 105–184) designate the Federal building located at 310 New Bern Avenue in Raleigh, North Carolina, as the S. 1150, to ensure that federally funded agricul- ‘‘Terry Sanford Federal Building’’; H.R. 3223, to tural research, extension, and education address high- designate the Federal building located at 300 East priority concerns with national or multistate signifi- 8th Street in Austin, Texas, as the ‘‘J.J. ‘Jake’ Pickle cance, to reform, extend, and eliminate certain agri- Federal Building’’; S. 1800, to designate the Federal cultural research programs. Signed June 23, 1998. building and United States courthouse located at 85 (P.L. 105–185) Marconi Boulevard in Columbus, Ohio, as the ‘‘Jo- S. 1900, to establish a commission to examine seph P. Kinneary United States Courthouse’’; Corps issues pertaining to the disposition of Holocaust-era of Engineers Survey Resolutions; NRCS Small Wa- assets in the United States before, during, and after tershed Project Resolutions; H.R. 3869, amended, World War II, and to make recommendations to the Disaster Mitigation Act of 1998; H.R. 4058, to President on further action. Signed June 23, 1998. amend title 49, United States Code, to reauthorize (P.L. 105–186) programs of the Federal Aviation Administration; H.R. 3811, to establish felony violations for the H.R. 2748, amended, Airline Service Improvement failure to pay legal child support obligations. Signed Act; and H.R. 4057, amended, Airport Improve- June 24, 1998. (P.L. 105–187) ment Program Reauthorization Act of 1998. f The Committee approved the following resolu- tions: 12 Public Building; 9 construction; 1 advance COMMITTEE MEETINGS FOR FRIDAY, design; 2 repair and alteration; 9 Corps of Engineers JUNE 26, 1998 Survey; and 2 NRCS Small Watershed Project. The Committee also approved pending Committee Senate business. No meetings are scheduled. OVERSIGHT House Committee on Transportation and Infrastructure: Sub- committee on Coast Guard and Maritime Transpor- Committee on International Relations, Subcommittee on International Operations and Human Rights, hearing on tation held an oversight hearing of the U.S. Role in Human Rights in China, 10:30 a.m., 2172 Rayburn. the International Maritime Organization. Testimony D716 CONGRESSIONAL RECORD — DAILY DIGEST June 25, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, June 26 12:30 p.m., Tuesday, July 14

Senate Chamber House Chamber Program for Friday: After the recognition of four Sen- Program for Tuesday: To be announced. ators for speeches and the transaction of any morning business (not to extend beyond 10:10 a.m.), Senate will consider the nominations of A. Howard Matz, of Califor- nia, to be U.S. District Judge for the Central District of California, and Victoria A. Roberts, of Michigan, to be United States District Judge for the Eastern District of Michigan, with votes to occur thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Gingrich, Newt, Ga., E1237 Pascrell, Bill, Jr., N.J., E1237 Goodlatte, Bob, Va., E1229 Paul, Ron, Tex., E1227 Barcia, James A., Mich., E1237 Gutierrez, Luis V., Ill., E1224 Rangel, Charles B., N.Y., E1234, E1236 Conyers, John, Jr., Mich., E1228, E1238 Hall, Ralph M., Tex., E1240 Schaffer, Bob, Colo., E1232, E1233, E1235 Cook, Merrill, Utah, E1226 Hamilton, Lee H., Ind., E1227 Serrano, Jose´ E., N.Y., E1229 Cox, Christopher, Calif., E1230 Hoyer, Steny H., Md., E1225 Solomon, Gerald B.H., N.Y., E1231 Crane, Philip M., Ill., E1236 Klink, Ron, Pa., E1219, E1221 Stark, Fortney Pete, Calif., E1232, E1238 Dunn, Jennifer, Wash., E1222 McCarthy, Carolyn, N.Y., E1227 Taylor, Charles H., N.C., E1225 Engel, Eliot L., N.Y., E1220, E1221, E1223, E1224, McGovern, James P., Mass., E1224 Tierney, John F., Mass., E1220 E1225, E1232, E1233, E1235, E1241 Morella, Constance A., Md., E1232, E1233, E1235 Towns, Edolphus, N.Y., E1220, E1234, E1236 Fazio, Vic, Calif., E1222 Norton, Eleanor Holmes, D.C., E1220 Vela´ zquez, Nydia M., N.Y., E1222, E1223 Filner, Bob, Calif., E1238 Oxley, Michael G., Ohio, E1224 Visclosky, Peter J., Ind., E1219, E1221 Gallegly, Elton, Calif., E1226 Packard, Ron, Calif., E1224 Weldon, Dave, Fla., E1224 Gillmor, Paul E., Ohio, E1225 Pappas, Michael, N.J., E1237, E1241 Whitfield, Ed, Ky., E1226

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