SENATE—Tuesday, March 23, 1999

March 23, 1999 CONGRESSIONAL RECORD—SENATE 5147 SENATE—Tuesday, March 23, 1999

The Senate met at 10 a.m. and was speak as in morning business for up to the American people that can justify called to order by the President pro 10 minutes. an act of war by NATO against Serbia. tempore [Mr. THURMOND]. The PRESIDENT pro tempore. With- Nor do I believe that the Administra- out objection, it is so ordered. tion has demonstrated what vital in- PRAYER The Senator from Minnesota is rec- terest justifies armed intervention. The Chaplain, Dr. Lloyd John ognized. When the President originally an- Ogilvie, offered the following prayer: (The remarks of Mr. GRAMS per- nounced his plan to send 4,000 Amer- Almighty God, Lord of all nations, taining to the introduction of S. 679 are ican soldiers to Kosovo as part of a You have enabled the United States to located in today’s RECORD under larger NATO force, it was premised on become the most powerful Nation on ‘‘Statements on Introduced Bills and the idea that the troops would be de- Earth. By Your blessings, we are rich Joint Resolutions.’’) ployed, as in Bosnia, as a peacekeeping in natural resources and human poten- f force. I had serious concerns about this tial. We have achieved military might. commitment because it was not clear Help us to know where and when to use RESERVATION OF LEADER TIME to me whether American troops would our influence or military intervention The PRESIDING OFFICER (Mr. be stationed in Kosovo for a month, for for the greatest good. Bless the Sen- CRAPO). Under the previous order, lead- a year, or for a decade. Nor did I be- ators with great wisdom as they con- ership time is reserved. lieve that it was in our national inter- sider their votes today on the nature est to participate in this operation be- f and extent of our Nation’s involvement cause I do not believe there is any vital in the crisis in Kosovo. You have told EMERGENCY SUPPLEMENTAL AP- interest of the United States that is at us that if we ask for guidance, You will PROPRIATIONS ACT FOR FISCAL stake in this civil war. And I emphasize help us to know what is both wise and YEAR 1999 ‘‘civil war.’’ creative. Most of all, Lord, we ask You The PRESIDING OFFICER. The Sen- Mr. President, the peacekeeping com- to heal the historic hatred and ethnic ate will now resume consideration of S. mitment was made several weeks ago. prejudices causing this crisis. In to- 544, which the clerk will report. In the intervening period, one thing day’s vote and in all that is said and The bill clerk read as follows: has happened. There is no peace to done in this Senate, may we accom- keep. plish the goal of using power wisely. In A bill (S. 544) making emergency supplemental appropriations and rescissions for re- Although the rebels in Kosovo have the name of our Lord. Amen. covery from natural disasters, and foreign agreed to the terms of a peace agree- f assistance, for the fiscal year ending Sep- ment, the Yugoslavian government has RECOGNITION OF THE ACTING tember 30, 1999, and for other purposes. rejected the terms of the agreement in MAJORITY LEADER The Senate resumed consideration of part because it rejects the idea of hav- the bill. ing NATO troops police its sovereign The PRESIDENT pro tempore. The Pending: territory in Kosovo. acting majority leader is recognized. Hutchison amendment No. 81, to set forth Having failed to negotiate a peace f restrictions on deployment of the United agreement, the Administration has SCHEDULE States Armed Forces in Kosovo. now changed its strategy. We are fuel- Lott amendment No. 124 (to amendment Mr. CRAPO. Mr. President, this ing up our warplanes, targeting our No. 81), to prohibit the use of funds for mili- cruise missiles, and planning to launch morning the Senate will resume con- tary operations in the Federal Republic of sideration of the supplemental appro- Yugoslavia (Serbia and Montenegro) unless air strikes against the Serbs in an ef- priations bill. Under the previous Congress enacts specific authorization in law fort to force Milosevic to accept the order, the time until 12:30 p.m. will be for the conduct of those operations. peace agreement. Never mind that the equally divided between the two lead- AMENDMENT NO. 124 peace agreement he is being asked, or ers, or their designees, for debate on The PRESIDING OFFICER. The time forced, to accept—could allow for the the Lott amendment regarding Kosovo. until 12:30 p.m. shall be equally divided independent future of a province within The Senate will recess from 12:30 between the two leaders or their des- his country. until 2:15 p.m. today to allow the week- ignees on the Lott amendment No. 124. Yes, Mr. President, this is an inter- ly party caucuses to meet. Upon recon- Mr. MURKOWSKI addressed the vention by the United States in a civil vening at 2:15, the Senate will proceed Chair. war where rebels in one province seek to a rollcall vote on the motion to in- The PRESIDING OFFICER. The Sen- independence. And by choosing to voke cloture on the Lott amendment. ator from Alaska is recognized. bomb the Serbians, we have directly Notwithstanding the outcome of the Mr. MURKOWSKI. Mr. President, it taken the side of the Kosovo rebels. cloture vote, it is still anticipated that appears that we are on the verge of Make no mistake, our air strikes the Senate will turn to the consider- sending American warplanes to bomb against Serbian forces are strongly ation of S. Con. Res. 20, the budget res- Serbian installations in and around supported by the Kosovo rebels who olution. Kosovo in an effort to force Yugoslav have been fighting for independence. Therefore, Members should expect President Milosevic to accept the And by backing the rebels, the bomb- rollcall votes throughout Tuesday’s terms of a peace agreement that he ing will encourage the independence session, with the first vote occurring at has, so far, rejected. I stand on the movement with the prospect that the 2:15 p.m. floor of the Senate to express my borders of Kosovo and Albania ulti- I thank my colleagues and I yield the strong opposition to this policy and mately will be redrawn along ethnic floor. warn the Administration that the lines. Is that what our goal is? To Mr. GRAMS addressed the Chair. United States may be blindly heading break up a country? The PRESIDENT pro tempore. The into a war whose outcome is far from Mr. President, American airstrikes Senator from Minnesota is recognized. pre-determined. are not going to be a cakewalk by any Mr. GRAMS. Mr. President, I ask Mr. President, I believe the President means. We have already been advised unanimous consent that I be allowed to has failed to articulate a rationale to of this by our military.

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

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5148 CONGRESSIONAL RECORD—SENATE March 23, 1999 The terrain in this area is heavily do, and most importantly, what this nation. That nation is at war at this fortified with anti-aircraft emplace- country should not do. moment. It is a civil strife over the ments. What will happen if American The Presiding Officer and I, on a province of Kosovo, which would be airmen are shot down by surface to air weekly basis, engage ourselves in a like the State of Idaho within the missiles? What happens if our bombing telephone/radio conversation with a United States of America. We would campaign does not force Milosevic to news program in Boise, ID. I was in- not call that a world interest, if Ida- change his posture, just as our near- volved in that program yesterday hoans were fighting the rest of the daily air strikes have done nothing to morning, speaking about the atrocities United States for Idaho’s independence. Saddam Hussein. in Kosovo, when I used the expression I think the country would react vio- Are we willing to send in ground ‘‘human hatred.’’ This is not a dif- lently if Great Britain or NATO or combat troops to convince Milosevic to ference in policy. This is not even a dif- Russia, for that matter, sided with Ida- accept the terms of the peace agree- ference between Serbia and Kosovo in hoans against the United States if we ment? How many? 50,000? 100,000? territory. This is a difference spelled were attempting to break loose from 200,000? If we are unwilling to commit out by 300 years of hatred, hatred that the United States of America. ground troops to force the terms of this had boiled up out of differences of reli- Is that a reasonable parallel? Yes, I so-called peace agreement, then I be- gious beliefs, and it is a hatred that think it is, because that is the char- lieve we should not commit a single has prevailed in the region so long and acter of the political profile and the American pilot. had cost so many lives that it is almost international structure in which we are Mr. President, I am sympathetic to incalculable. Certainly in this Ameri- about to engage ourselves. Kosovo is a the people in Kosovo who have been can’s mind it is. I have never known place that most Americans could not brutalized by Milosovic, just as my hatred of that kind. find on a map, a place in which there is no direct American interest. I have de- sympathy has run deep for the people After that radio conversation was fined its structure from a legal point of throughout Yugoslavia who have over, the emcee of that program asked view, international point of view—a known nothing but war for over a gen- if I would stay on the line and we vis- state sovereignty point of view. Presi- eration. But is our opposition to ited privately. He reflected to me dent Clinton has made it clear for some about how he and his wife had in their Milosevic reason enough to sacrifice months that he will intervene there home an exchange student from Serbia. American lives to an undefined cause? with an open-ended occupation force, He said, ‘‘You know, Senator CRAIG, Milosovic is a terrorist; he is a killer. perhaps preceded by airstrikes. That you were absolutely right to use the We should bring him to justice for has been the context of the debate for term ‘hate.’ ’’ He said, ‘‘When we crimes against humanity; but we the last good many months. Now we broached this subject with this young should not engage in a war which will are associating ourselves with NATO as cost American lives and continue in- exchange student,’’ I believe a junior in a partner of NATO. It appears that air- definitely. high school, he said, ‘‘we were as- strikes may be imminent. Finally, Mr. President, I would sim- tounded by the hatred that rolled up He has made it clear that he does not ply remind my colleagues that from out of this young man. Because he be- think he needs congressional author- the outset I have been concerned that lieved that the only solution to the ization for such a mission. Why? The American involvement in Kosovo problem in Kosovo was to kill the treaty relationship; our presence in would become another Bosnia. I take it Kosovars or to simply run them out of NATO. That is the argument that he back. Knowing what I know now about the country, and that if his forefathers makes. I will have to tell you, though, the region, about the opposition, I am had done that, they would have a I think we should not make the mis- concerned that it will not be like Bos- peaceful nation today, and the only so- take of simply arguing that is how you nia—and that many American lives lution for peace in greater Serbia was justify a certain approach of the kind will be lost in the process of enforcing just that.’’ that this President is taking. The U.S. an undefined objective. That is exactly what Milosevic is airstrikes would be an attack on a sov- Mr. President, I yield the floor, and I doing as we speak. The term, for diplo- ereign nation. The administration has, am pleased to yield to my friend from matic reasons, is ‘‘ethnic cleansing.’’ It in fact, admitted that. The State De- Idaho. is quite simple, what it is. It is: Either partment Under Secretary Thomas Mr. CRAIG addressed the Chair. get out of my way or I’ll kill you; or Pickering confirmed that Kosovo is The PRESIDING OFFICER. The Sen- get out of my country or I’ll kill you, sovereign territory of Serbia, and that ator from Idaho is recognized. even though the country you are being attacking the Serbs because they will Mr. CRAIG. Mr. President, are we in asked to leave has been your country not consent to foreign occupation of a morning business? for 4, 5, 6, 10—20 generations before part of their territory would be an act The PRESIDING OFFICER. The Sen- you. of war. Again, hearkening back to the ate is considering S. 544, and the Lott I think the current Presiding Officer relationship: If Idaho were attempting amendment, No. 124, is under consider- and I would be hard put if somebody to break away as an independent State ation at this point in time. said: Idaho is not your home and you from the United States, that would be Mr. CRAIG. Is also the Smith-Craig have to leave or we will kill you. That called a civil war within the boundaries amendment to the Lott amendment in is what we are caught up in, those of the greater United States and this order, or is the appropriate order at kinds of human dynamics. I must tell country would look with great concern this time the Lott-Hutchison amend- you, as an American I am drawn to the if a foreign nation were attempting to ment? humanitarian arguments. It makes it involve themselves on the side of Ida- The PRESIDING OFFICER. The very simple if you are drawn totally to hoans. Chair is under the impression that the those arguments to justify putting our I have to think this administration’s Senator’s language is incorporated into men and women in uniform at risk. policy is inconsistent with constitu- the Lott amendment, and, therefore, it But I am not totally drawn to those tional government and the rule of law. would be prudent to debate that lan- arguments because, if I am, then what Let us not forget the Constitution of guage at this time. the President is proposing to do at this the United States gives the sole power Mr. CRAIG. Thank you, Mr. Presi- moment might be justifiable if he to declare war to the Congress, article dent. would follow certain procedures. It is I, section 8—not to the President, but Mr. President, I am here to join my those procedures I think we must talk to the Congress. Nothing in the laws or colleague from Alaska and others who this morning. It is those procedures the the Constitution of the United States have spoken with great concern about Senate will vote on, or about, within a suggests that a determination by the the situation in Kosovo, and as it tran- few hours. We are talking about U.S. United Nations Security Council or the spires, some of our feelings and con- military activity over and on the soil North Atlantic Treaty Organization is cerns about what this country might of Serbia, an independent, autonomous a substitute.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5149 The proposed mission in Kosovo is appears to be willing to send them to. become adventurists for the sake of a contrary to the principle of national No wonder America’s best are frus- greater international philosophy on sovereignty and is a major step toward trated by the ever increasing changes how greater Europe ought to be oper- global authority. Just last year we de- in the role of our Armed Forces. ated. bated the expansion of NATO. I op- Putting American troops in a quag- Having said all of that, let me close posed that expansion. I opposed it for mire is something I know a little bit where I began. There are human atroc- the simple reason it did not begin to about. The Presiding Officer and I grew ities. They are real, and they are hor- disengage the United States from an up in a period of American history rible. We should engage ourselves in ever-increasing, larger presence in the where Americans were bogged in a every way possible to help stop that European Continent. Quite the oppo- quagmire in Southeast Asia, a quag- kind of human atrocity, but then site, it seemed to be expanding our mire that we finally simply had to drop again, we didn’t do that in Africa on presence. Russia, at that time, was our hands and walk away from, because many occasions, all just within the last quite concerned that they saw an inter- we could no longer sustain it politi- 4 or 5 years. I am not sure why this is national organization growing on their cally as a nation and we could no now so important when others were border. Now, they were appeased by us longer justify that another 1, 2, or 3 not. Is it because our allies have con- saying: Remember, by treaty NATO is American lives should be lost, added to vinced us? a defensive organization. Only if the the list of over 60,000 young men and By the way, if we fly aircraft over nations of NATO were attacked would women of our age who lost their lives Serbia, 58 percent, or a very large por- NATO respond. Yet, today, NATO is there. tion, the majority, of those aircraft proposing a major offensive effort I am not suggesting that Kosovo is will be ours. Is it because we are the against the nation of Serbia, a long- that kind of fight, but I am suggesting ones who have the power and our Euro- standing friend and once a part of the that any long-term effort in the great- pean allies have convinced us to use greater Soviet Union. It is not by acci- er Yugoslavia that dramatically in- that power in their behalf to stabilize dent that the armaments that we creases the role of the American sol- their backyard? I am not sure. would go up against are largely Rus- dier could put us at that risk. I, like most Americans, am reason- sian armaments. Mr. President, I have asked some pro- ably confused. I, like most Americans, Now what are we to say to the Rus- found questions today and, I think, have had to study to try to understand sians, ‘‘What we said about NATO last reasonable questions as to the role of where Serbia is, where Kosovo is, what year is not true; NATO has become an this country in foreign policy and as to the politics of this region are. Those offensive force, driven by a certain set the role of the President as the Com- are the issues at hand. of politics or international attitudes as mander in Chief of our country. This is not a vote that should be to how the rest of the world ought to Today we are debating and today we taken lightly. This could be the begin- look’’? will vote on the right of the Congress ning of a very lengthy process, a very Can we justify an American national to express its will to work with the costly process, costly in human lives, interest because this war might spread President in shaping foreign policy. I American lives, and certainly in tax beyond the boundaries of Serbia? I am understand how the Constitution dollars. not sure we yet can do that. I am not works. I understand that our President Those are the issues at hand, Mr. sure this President has yet justified is the chief foreign policy officer of our President. Why should you shy from that or clearly explained to the Amer- country. But when his foreign policy is your responsibility as Commander in ican people, as he must, the role that questioned in the way that it is now Chief of going to the American people the men and women of our armed serv- being questioned, I think he has the re- to debate this and causing your people ices might play and the role that they sponsibility not only to argue it clear- to come here to debate this, instead of would play in risking their lives. That ly before the American people but to be in a close-door session at the White is the issue at hand. willing to argue it here on the floor of House, pleading with us not to take a So, what kind of a precedent are we the Senate. vote on this issue? going to set with this action? All ac- Some of our leadership are at the Nobody should be embarrassed by an tions establish precedents, especially if White House as I speak, and they are up-or-down vote. Nobody should be em- they appear to be outside established listening to a President who is trying barrassed by this kind of debate. It is law or proven law. to convince them not to have the vote our responsibility as a country. We What country are we going to claim today here in the Senate. Quite the op- cannot walk away from it. the right to attack next, if we deter- posite should be happening. The Presi- Mr. President, I suggest the absence mine that its behavior within its own dent should be saying, let us debate of a quorum. boundaries, its own territory, is not up this issue, let us vote this issue, and, The PRESIDING OFFICER. The to some kind of international test or more importantly, I will go to the clerk will call the roll. international standard? Should we at- American people and sell to them why The legislative clerk proceeded to tack Turkey to protect the Kurds, America ought to be involved in Serbia call the roll. China to protect Tibet or Taiwan, India or in Bosnia, that there are American Mr. CRAIG. Mr. President, I ask to protect the Muslims in Kashmir? It interests there. He, the President, unanimous consent that the order for is reasonable for me to ask those ques- should lay them out, define them, clar- the quorum call be rescinded. tions on the floor, because today the ify them and, therefore, justify the po- The PRESIDING OFFICER. Without President is contemplating partici- tential taking of American life that objection, it is so ordered. pating in an attack on Serbia in behalf military adventure can always result Mr. CRAIG. Mr. President, I ask of the Kosovars. in. unanimous consent that time under Somalia, Haiti, Bosnia, and now That is the responsibility of the Pres- the quorum call be equally divided. Kosovo, these missions are profoundly idency, not to simply negotiate with The PRESIDING OFFICER. Without damaging to our legitimate defense NATO as a treaty organization and objection, it is so ordered. needs. This is not just a question of then come home to America and say: Mr. CRAIG. Mr. President, I note the money or stretching defense dollars too But we have already debated this, we absence of a quorum. far, although that factor will be consid- are already involved in this, we can’t The PRESIDING OFFICER. The ered as we debate defense budgets in back up now or it would implode clerk will call the roll. the near future. Worse, it is an insult NATO. Maybe NATO ought to be im- The legislative clerk proceeded to to the personnel in our Armed Forces ploded, if it is becoming an offensive call the roll. who volunteer to defend America, not organization. Maybe it ought to step Mr. DODD. Mr. President, I ask unan- to go off on every globalist, nation- back and say: Wait a moment, we are imous consent that the order for the building adventure that our President by treaty only defensive. We should not quorum call be rescinded.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5150 CONGRESSIONAL RECORD—SENATE March 23, 1999 The PRESIDING OFFICER. Without The first of these attacks came on bring an end to the incredible abuse objection, it is so ordered. Friday January 15th when, according that is occurring at this very hour. Mr. DODD. Mr. President, I yield my- to witnesses, Serbian soldiers and po- Thousands of refugees have already self such time as I may consume on the licemen, backed by armored personnel fled into Macedonia. As history has pending resolution. carriers, surrounded the village of shown, instability in the Balkans can The PRESIDING OFFICER. The Sen- Racak, rounded up the men and drove destabilize all of Europe, a region high- ator from Connecticut is recognized. them up a hillside. On that hillside, the ly critical to American interests. I re- Mr. DODD. Mr. President, we have Serbs tortured and murdered 45 people, spectfully disagree with our colleague been discussing for several days in this including a young woman and a 12- from New Hampshire, Mr. SMITH, who Chamber a variety of legislative pro- year-old boy. Many of the victims were has offered this underlying resolution, posals concerning what we will and will older men, including one who was 70. when he states in his amendment that not authorize the President of the All were dressed in civilian clothes. our national security interests in United States to do with respect to the None were armed. Kosovo do not rise to a level that war- tragic situation that is unfolding, as When international observers arrived rants military operations by the we speak and gather in this Chamber, in Racak the following day, the sight United States and our NATO Allies. in Kosovo. that awaited them was beyond com- The challenge to the United States in This is a very important debate. It is prehension—dozens of bodies lay where Kosovo is not merely humanitarian. It more important, in my view, however, they fell at the bottom of a muddy is also a question of regional peace and to remind ourselves at the outset of gulch. Most had been shot at close stability. Finally, it is a test of the rel- any discussion of this issue of what has range. Many bore the signs of unspeak- evancy of NATO in the post Cold War happened to the innocent people of able torture. Although the Serbs era. All of these bear directly on the Kosovo over the last year, in the ab- claimed that the victims were rebels, national security of the United States. sence of clear and convincing steps to not one wore a uniform nor carried a We have yet to hear whether the last signal the end of international inaction weapon. Those who survived the attack effort by Ambassador Holbrooke to in the face of gross and continuing vio- on Racak fled into the hills where two convince the Serbs to relent will bear lations of human rights by the infants soon died of the cold. fruit. Although, in the next 5 or 6 min- Milosevic regime. utes, we may have the final word on For just a moment I want to focus, if While it is sometimes difficult to as- that. His success would, of course, be I may, the hearts and minds of this sign blame for such horrors, this kill- country and those in this Chamber on ing field, Mr. President, left no doubt welcomed. If he doesn’t, then the time the very desperate situation of the peo- as to the killers’ identities. Western has come to act in a manner consistent ple who find themselves trapped in the military forces intercepted radio trans- with that agreed to by NATO mem- province of Kosovo. missions in which Serbian officials ac- bers—the United States being a full Today, ethnic Albanian villages knowledge their culpability and inter- party to that action. across Kosovo are quite literally in national pathologists blamed the Following military action, I believe flames. Heavy smoke from the homes Serbs. that Yugoslav President Milosevic may of innocent civilians fills the skies of It was hard to believe at the time be prepared to reflect more soberly on Srbica, Prekaz, Gornja Klina, and oth- that Milosevic’s genocide could become the proposed peace agreement that reers. more heinous or more calculated. Yet mains on the table. That agreement, As we debate these issues, a massive the past week proved our nightmares proposed by the United States and our force of 40,000 Serb soldiers and para- true. allies and signed by Kosovo’s ethnic- military police are moving slowly, de- It is at times like these, Mr. Presi- Albanians, is fair and even handed. It liberately, and methodically from vil- dent, that we are forced to reexamine will rid Kosovo of the fear, death and lage to village to village, taking lives, the founding premises of this great Na- destruction of Milosevic’s forces while burning homes, and forcing tens of tion. When faced with massive and maintaining Yugoslav sovereignty over thousands of innocent civilians to flee wholesale human rights abuses, we the province. without food or shelter. must bow to our conscience and to our As part of the agreement, NATO has Can anyone doubt in the face of such founding fathers’ recognition of the pledged to send a sizeable force to en- continuing atrocities that the Amer- right of all people to life, liberty and sure that its precepts are carried out. ican people would oppose participation the pursuit of happiness and act to pre- Such a force is critically important as by the United States in NATO author- serve those rights wherever possible. evidenced by the Serbs unwillingness ized air strikes. I hope not, and I don’t Kosovo, Mr. President, is just such a to abide by the cease-fire agreement believe so. case. We have the power, the responsi- they signed last fall. While Milosevic Each day we have delayed has meant bility, and the opportunity to act. pledged to withdraw his soldiers from the difference between life and death That is not always available to us. Kosovo’s villages and end his campaign and between shelter and homelessness We have been told in recent days that of ethnic cleansing against the ethnic for tens of thousands of people. In just we did not take similar actions on the Albanians who live there, he clearly the last two days, since the ethnic-Al- Horn of Africa or in other places did neither. Milosevic’s signature lacks banians signed the peace agreement on around the world where there were credibility when it comes to Kosovo. Friday, Serb soldiers have forced an- massive human rights abuses. That Congress must not constrain the other twenty to twenty-five thousand analysis is correct. The difference here President’s ability to respond in the civilians from their homes, according is that we have the opportunity, we face of such atrocities, nor can it allow to United Nations officials. Over the have the ability, and we have the a pariah such as Milosevic to desta- past week, the Serbs forced a total of structure with the NATO organization bilize an entire region. The outrage at 40,000 to run for their lives. The totals to respond to this situation. That op- Milosevic’s ethnic cleansing and dis- for the past year are almost incompre- portunity was not available in every regard for international will should be hensible: at the very least 2,000 are other place that we have seen similar, viewed as a challenge to our nation as dead and 300,000 to 400,000 have been or even more severe human rights a whole, not simply to a President of forced to leave their homes and seek abuses. Here we have the opportunity another party. refuge. and the chance to do something about Last year, our former colleague and Mr. President, we were all shocked it. The issue is whether we in this body Majority Leader, Bob Dole, traveled to by the horrific discoveries last Janu- will signal to the administration, to Kosovo and Belgrade to assess the situ- ary, just two weeks apart, in the towns Mr. Milosevic, to ethnic Albanians, and ation. Upon his return, he spoke of the of Racak, where Serbs murdered 45 eth- to the rest of the world that we under- atrocities perpetrated against civilians nic Albanians and Rogovo where they stand the difficult choices and we will and the ‘‘major, systematic attacks on slaughtered 23 ethnic Albanians. step up and join with others to try to the people and territory of Kosovo.’’

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5151 We know now that the situation has very well might prove to be our most and NATO would not tolerate the vio- only deteriorated. challenging and perilous military ac- lent repression of the movement by One year ago, I was proud to join tion since President Clinton took of- Kosovars to reclaim their autonomy. with my colleagues in crafting a bipar- fice. Many of our colleagues have come We have, time and again, threatened tisan resolution calling on the United to the floor to express their grave and the direst consequences should States to condemn Milosevic’s ethnic well-founded concern that we are em- Milosevic and his henchmen undertake cleansing in Kosovo. Today, I ask my barking on a very dangerous mission the wanton slaughter of innocent life colleagues, on both sides of the aisle, without a clear sense of what will be in Kosovo as they did in Bosnia. to join me once again in seeking to put required of us to achieve our objectives President Clinton set two deadlines an end to the bloodshed in Kosovo of autonomy for Kosovo and peace and for Serbia to agree to the fair terms of which will only happen when Milosevic stability in the Balkans. a settlement in Kosovo or else face the understands that we truly mean busi- Further, many of us cannot escape direst consequences. I have been in- ness. the nagging feeling that the United volved, one way or another, with U.S. While we may not be entirely satis- States and NATO credibility has been national security policies for over 40 fied with all the exit strategies, we badly squandered by the Administra- years. I cannot remember a single in- must send the message that this Na- tion’s many previous failures to im- stance when an American President al- tion can speak with one voice when we press upon Milosevic and the war lowed two ultimatums to be ignored by leave our shores to conduct foreign pol- criminals that make up his army that an inferior power without responding icy and make a difference in the lives we are prepared to back up our rhetoric as we threatened we would respond. of the people of Kosovo. with action. Our threats of force have The emptiness of our threats is evi- As I said last October, there is a time apparently lost their power to restrain dent in the administration’s more re- for words and a time for force. the remorseless and blood-thirsty Ser- cent threshold for military action. In We tried words in Dayton and we bian Government and military from his press conference last week, Presi- tried words last October. The cease-fire giving full expression to their limitless dent Clinton, acknowledging Serbia’s monitors tried words for five months brutality. Consequently, the level of scorched earth campaign in Kosovo, and we tried words for weeks on end in force required to coerce Serbia into ac- stated that the threshold for NATO Rambouillet, France. I am a great be- cepting a peace agreement has become military action had been crossed. Sub- liever in negotiation and diplomacy, all the greater, so great, in fact, that sequent statements by administration Mr. Milosevic has shown the world that no one is entirely confident that Serbia officials, as quoted in the Washington he understands only one language. It is can be coerced by the use of air power Post, conceded that military action time we spoke to him in his native alone. was unlikely ‘‘unless Yugoslav troops As the violence of an air campaign tongue. committed an atrocity.’’ increases, so too does the risk to our The United States must demonstrate Atrocities are the signature of the pilots and to innocent people in Kosovo that it will carry forward with military Serbian Army. There has been an unin- and Serbia. This will not, in all prob- action in the face of Serbian defiance. terrupted pattern of atrocities since ability, be a casualty-free operation for Congress should not weaken the projec- 1992, alternating with U.S. threats of the United States and our allies. And tion of American power by suggesting force that were either not carried out we must prepare ourselves and the that we do not stand behind the Presi- or carried out so ineffectually that American people for the likelihood dent. NATO’s plans for air strikes, de- they encouraged greater bloodshed. signed to stop the fighting and enforce that we will witness some heart- breaking moments at Dover Air Force The one occasion when force was ap- the proposed peace agreement, have plied convincingly, the result was the been complete for months. The United Base. I hope I am wrong, but it would be irresponsible to pretend that the Dayton Accord. States has assumed leadership in this We have dug ourselves a deep hole in matter for the sake of the ethnic-Alba- danger to our pilots in this operation is no greater than the danger we have en- which the world’s only superpower can nians facing Milosevic’s genocidal plan no longer manage a credible threat of and for the sake of regional stability. countered during our periodic cruise missile attacks on Iraq. force in a situation where our interests If we play partisan politics with an and our values are clearly threatened. issue as significant as this, we should The President himself must deliver this message to the American people. As has been pointed out by many Sen- also be prepared to accept that the con- ators, there is a realistic danger of this sequences of our actions may be grave He has not done so, and that, I agree, is a terrible derogation of his responsibil- conflict destabilizing southern Europe, and irreversible. and threatening the future of NATO. I urge my colleagues to support the ities as Commander in Chief. However, Members of Congress cannot evade our And no one disputes the threat Serbia President and vote against the Smith poses to the most fundamental Western amendment, an amendment that seeks own responsibilities to speak plainly to our constituents about the great risks motions of human rights. Our interests to tie the President’s hands and sends and values converge clearly here. We the wrong message to war criminals involved in this operation, We, too, must shoulder a share of the responsi- must not permit the genocide that like Slobodan Milosevic. Milosevic has in mind for Kosovo to I suggest the absence of a quorum, bility for the loss of American lives in continue. We must take action. and I ask unanimous consent that the a conflict that most Americans do not But I understand, all too well, the re- time be allocated to both sides. believe is relevant to our own security. luctance and outright opposition The PRESIDING OFFICER. Without That is why so many Senators are so shared by many of my colleagues not objection, it is so ordered. reluctant to support this action and The clerk will call the roll. have spoken so passionately against it. only to air strikes but to the deploy- The bill clerk proceeded to call the However, we also have a responsi- ment of American troops in Kosovo as roll. bility to speak plainly about the risks part of a peace agreement should we Mr. MCCAIN. Mr. President, I ask to America’s security interests we ever coerce Serbia into accepting the unanimous consent that the order for incur by continuing to ignore Serbia’s terms of that agreement. the quorum call be rescinded. challenge to the will of NATO and the Typically, the administration has The PRESIDING OFFICER. Without values of the civilized world. It is those not convincingly explained to us or to objection, it is so ordered. risks that have brought me reluctantly the public what is at stake in Kosovo; Mr. MCCAIN. Mr. President, I yield to the floor to oppose those of my col- what we intend to do about it; and myself such time as I may consume. leagues who would strip the President what we will do if the level of force an- The PRESIDING OFFICER. Without of his authority to take military ac- ticipated fails to persuade the Serbs. objection, it is so ordered. tion to defend our interests in Europe. Should the Serbs acquiesce, and Mr. MCCAIN. Mr. President, the Two American Presidents have United States troops are deployed in United States is about to begin what warned Serbia that the United States Kosovo, the administration has not, to

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5152 CONGRESSIONAL RECORD—SENATE March 23, 1999 the best of my knowledge, answered credibility, is not a reason to deny him ing American lives. Unfortunately, the the most fundamental questions about his authority to lead NATO in this ac- President has not done so in this case. that deployment. What is the mission?; tion. On the contrary, it is a reason for United States military deployments how will we know when it is accom- Congress to do what it can to restore in the Balkans are not being driven by plished?; what are the rules of engage- our credibility. It is a reason for us to vital security interests, but humani- ment for our forces should Serbs or any help convince Mr. Milosevic that the tarian concerns that have not been de- force challenge their authority? United States, the greatest force for fined clearly. As Henry Kissinger Thus, Congress and the American good in history, will no longer stand by states, ‘‘The proposed deployment in people have good reason to fear that we while he makes a mockery of the val- Kosovo does not deal with any threat are heading toward another permanent ues for which so many Americans have to United States security as this con- garrison of Americans in a Balkan willingly given their lives. cept has traditionally been conceived.’’ country where our mission is confused, No, Mr. President, we must not com- U.S. humanitarian interests are im- and our exit strategy a complete mys- pound the administration’s mistakes portant elements of America’s foreign tery. by committing our own. We must do policy, but should not be considered It is right and responsible for Con- what we can to repair the damage al- alone as the basis for risking the lives gress to demand that the administra- ready done to our interests. We must of American soldiers. The violence in tion answer fully these elemental ques- do what we can to restore our allies’ Kosovo is atrocious, but half a dozen tions. It is right and responsible for confidence in American leadership and other civil conflicts around the world Congress to debate this matter even at our enemies’ dread of our opposition. offer more compelling humanitarian this time when we are trying to con- We must do what we can to ensure that reasons for United States intervention. vince a skeptical adversary that this force is used appropriately and success- If United States troops are deployed to time we are serious about enforcing fully. And we must do what we can to Kosovo where 2,000 people have died, our will. I believe the administration define an achievable mission for our why not to Sudan where a civil war has should come to Congress and ask for an forces, and to bring them home the mo- claimed 2 million casualties? Why not authorization of force. I believe that ment it is achieved. to Afghanistan or Rwanda or Angola they would receive one. That should be our purpose today, where hundreds of thousands of people Surely we are entitled to complete Mr. President. Therefore, with an ap- have died in civil wars that continue to answers to the many questions about preciation for the good intentions that this day? our eventual deployment of American support this resolution, I must without Such questions underscore the need peacekeepers to Kosovo in advance of hesitation oppose it, and ask my col- for a consistent policy which links the that deployment. leagues to do likewise. deployment of American troops to the But if the President determines that Mr. ASHCROFT. Mr. President, the defense of vital national security inter- he must use force in the next hour, or possible deployment of United States ests. The United States can and should the next day or within the week, I troops to Kosovo demands the Senate’s provide indispensable diplomatic lead- think it would be extraordinarily dan- full attention and debate. I applaud the ership to help resolve foreign crises, gerous for Congress to deny him that House of Representatives for address- but we have to recognize the purposes authority or to constitutionally chal- ing this issue in a timely manner, even and limits of American military power. lenge his prerogatives as Commander though I do not support the House reso- The blood and treasure of this country in Chief. It seems clear to me that lution authorizing the deployment of could be spent many times over in Milosevic knows no limits to his inhu- United States troops to Kosovo. fruitless efforts to reconstruct shat- manity and will keep slaughtering The pending deployment of United tered nation states. until even the most determined oppo- States troops to Kosovo is particularly From Somalia to Haiti to Bosnia and nent of American involvement in this ill-advised in light of the challenges now to Kosovo, I cannot discern a con- conflict is convinced to drop that oppo- and difficulties associated with our sistent policy for the deployment of sition. But if we once again allow current mission in Bosnia. Now 2 years United States troops. In a world full of Milosevic to escape unharmed yet an- past the original deadline with no end civil war and humanitarian suffering, other American ultimatum, our mis- in sight, the Bosnia operation has cost will American ground forces be de- sion will be made all the more difficult the United States over $8 billion in real ployed only to those conflicts that get and dangerous. dollars since 1992. Administration offi- the most media attention? The media Moreover, our adversaries around the cials cannot identify an end-date for cycle is no basis for a consistent for- globe will take heart from our inability the Bosnia mission and have not been eign policy. The American people de- to act in concert to defend our inter- able to transfer the operation to our serve better leadership from Wash- ests and values, and threats to our in- European allies. Progress in Bosnia has ington for the prudent and effective use terests, from North Korea to Iraq, will been painfully slow. In many ways the of U.S. military power. increase accordingly. country remains just as divided as it The administration has not provided Even the War Powers Resolution, leg- was when the Dayton Accords were that leadership. The U.S. Armed Forces islation that I have always opposed, signed. Although Bosnia should be a have been deployed repeatedly to com- would allow the President to undertake poignant reminder of the limits of na- pensate for a lack of foresight and dis- military action for some time before he tion-building, the administration is cipline in our foreign policy. United would be forced to secure Congress’ considering another open-ended com- States policy in the Balkans, for exam- agreement. I have long called on lead- mitment of United States ground ple, has dealt with symptoms of insta- ers from both parties to authorize forces to the Balkans. bility rather than the root of the prob- Members to work together to repeal or The violence and instability that has lem. The administration has deployed rewrite this constitutionally suspect plagued the Balkans troubles me as it peacekeeping forces to suppress ethnic infringement of both the President’s does every other Member of this body. conflict inflamed by President and Congress’ authority. Every Member of the Senate would like Milosevic but has missed opportunities But that, Mr. President, is a debate to see an end to the violence in Kosovo to undermine Milosevic himself. A lack for another time. We are at the critical and a sustainable peace in Bosnia. But of diligence and resolve also can be hour. American troops will soon be or- in addressing these difficult issues, the seen in United States policy toward dered into harm’s way to defend President and the Congress owe it to Iraq. Saddam is stronger today than at against what I believe is a clear and the American people to define a con- the end of the gulf war because the ad- present danger to our interests. That sistent policy for when their sons and ministration has not seized opportuni- the President has so frequently and so daughters will be placed in harm’s way. ties to undermine his regime. utterly failed to preserve one of our We have to define the American inter- The ill-defined deployment of United most important strategic assets—our ests important enough to justify risk- States troops to Kosovo only reinforces

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5153 my concerns about the misuse of Amer- Managing Europe’s ethnic conflicts the lead on problems in this hemi- ican military resources. We have been was not the reason NATO was estab- sphere, it is important that Europe asking our military personnel to do lished and not a basis on which it can take the lead in Kosovo. more with less, and the strain is show- remain a vital organization in the fu- The airwaves are now heavy with the ing in troubling recruiting, retention, ture. The American people have not talk of impending air strikes against and readiness statistics. The dramatic understood our commitment to Serbia following Yugoslav president increase in the pace of military activ- NATO—a military alliance for fighting Slobodan Milosevic’s final rejection of ity has been accompanied—not with an wars—to be another arm of the United the proposed peace plan. Milosevic re- increase in defense funding—but with a Nations for peacekeeping operations. fuses to allow NATO troops on Yugo- 27-percent cut in real terms since 1990. Ill-defined missions for NATO will lead slav soil, even though NATO has agreed In this decade, operational missions in- to more misguided U.S. military de- that Kosovo should remain a province creased 300 percent while the force ployments, the erosion of U.S. support of Yugoslav and the Kosovar Albanians structure for the Army and Air Force for NATO, and the speedy demise of the have signed on to the peace deal. The was reduced by 45 percent each, the alliance itself. United States has put a great deal of Navy by approximately 40 percent, and The U.S. Armed Forces should be de- effort into trying to achieve a political the Marines by over 10 percent. Contin- ployed only to defend the vital na- settlement in Kosovo. We have taken gency operations during this adminis- tional security interests of the United the lead in the negotiations, and the tration have exacted a heavy cost (in States. The American people under- personal intervention of Secretary real terms): $8.1 billion in Bosnia; $1.1 stand that we live in a dangerous world Albright, Ambassador Holbrooke and billion in Haiti; $6.1 billion in Iraq. where U.S. interests must be defended. Former Senator Bob Dole has done The Kosovo agreement pursued by But they also have a strong aversion to much to advance the cause. But the administration is laying the fruitless nation-building exercises to Milosovic remains intransigent and the groundwork for another open-ended resolve the world’s ancient hatreds, violence continues to escalate. Both United States military presence in the and rightly so. sides are now poised for an all-out mili- Balkans. The administration’s strategy Our country has learned through tary offensive. And United States-led for resolving the conflict in Kosovo painful sacrifice the high cost of na- air strikes against targets in Serbia could very well lead to the worst-case tion-building. In spite of the difficul- are imminent. scenario of a broader regional conflict ties surrounding the Bosnia mission, I am uncomfortable with the tactic now being used to justify United States however, we are on the verge of taking of launching a major military bombing intervention. The Kovoso Albanians on our second nation-building exercise campaign in order to force someone to see the proposed settlement as a 3-year in a region of the world that has been the peace table. For two reasons, one, waiting period leading to an eventual wracked by war for centuries. it rarely works; and two, real peace referendum for independence. The Ser- In the post-cold-war world, there will will only come when both sides realize bians strongly oppose such a step. That be no lack of civil war and ethnic con- they have more to gain by setting aside will guarantee United States troops flict with serious humanitarian impli- the military option. If they do not real- will be in Kosovo for at least 3 years cations. The United States should con- ly want peace, there is little we can do and most likely much longer when the tinue to work to alleviate suffering and to force them into it. Targeted air inevitable fighting resumes over the facilitate peace in other countries, but strikes without a synchronized cam- question of Kosovo’s status. deploying American forces to quell paign on the ground are unlikely to Mr. President, the credibility of the centuries-old ethnic conflicts is often make a serious change in the strategic United States is on the line when we the least effective and most situation in Kosovo. Stopping a large- commit our military personnel over- unsustainable way to address these scale Serbian offensive for anything seas. When United States soldiers were problems. I am opposed to the deploy- more than a short period of time is ex- killed in Somalia, the President could ment of United States forces to Kosovo tremely difficult if one’s only tool is a stand-off air campaign. not justify the mission to the Amer- and urge my colleagues to vote for clo- However, we must do something and ican people. The hasty U.S. withdrawal ture on the Lott second-degree amend- do it soon. But our action must be with from that African nation cost America ment prohibiting the use of funds for a the equal participation of our Euro- dearly in terms of international stat- Kosovo operation unless previously au- pean allies, with each partner contrib- ure. As we consider a possible deploy- thorized by Congress. uting what they do best. In our case, ment to Kosovo, the lessons learned 6 Mr. JEFFORDS. Mr. President, the that is aerial control and intelligence situation in Kosovo is cause for grave years ago in Somalia should not be for- collection and analysis. I would not op- concern to all of us. One cannot read gotten. The American people will not pose that kind of American participa- the press reports flooding out of support a Kosovo deployment that tion in a closely coordinated operation Kosovo for the past many months and costs American lives when America’s led by our European allies where the not be moved. The suffering of the peo- vital security interests are not at objectives, duration and methodology ple of Kosovo is tragic, and the poten- stake. Yet American casualties are a were clearly explained to Congress and tial for this conflict to spread and to very real prospect in Kosovo, as poten- the American people. I believe this is destabilize the entire region is very tially both the Kosovo revels and Ser- the only operation likely to meet with real. Something must be done. bians will be firing on United States success in the long run. And we have no But before we commit ourselves to military personnel. time to waste. Not only is United States credibility military action, we must be sure that Mr. President, I suggest the absence at risk in Kosovo, the credibility of the any action we undertake has a good of a quorum. NATO Alliance is in jeopardy as well. chance of achieving our primary objec- The PRESIDING OFFICER. The NATOs success in the past has been tives. I am concerned about the current clerk will call the roll. based on the clearly defined mission of course of action as outlined by the The bill clerk proceeded to call the the NATO Treaty: collective defense of President and Secretary of Defense roll. a carefully defined territory. Now, the Cohen. I agree that we need to be part Mr. SMITH of New Hampshire. Mr. administration is transforming the al- of a NATO effort to resolve the current President, I ask unanimous consent liance into a downsized United Nations impasse and put an end to the fighting. that the order for the quorum call be with a standing army for peacekeeping But we should not be contributing rescinded. operations. NATO’s membership has ground troops to that effort. Our Euro- The PRESIDING OFFICER. Without been expanded this year, but the real pean allies must take the lead on the objection, it is so ordered. expansion has occurred in the alliance ground, and we should support that ef- Mr. SMITH of New Hampshire. Mr. mission to include operations never en- fort with our superior air power and in- President, how much time is remaining visioned in the NATO Treaty. telligence operations. Just as we take on this side?

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5154 CONGRESSIONAL RECORD—SENATE March 23, 1999 The PRESIDING OFFICER. Eight sensus, or at least some majority, in It is the young men and women of our minutes 40 seconds on your side; 37 support of military hostilities. Armed Forces. I was then, and I con- minutes on the other side. So we should undertake an examina- tinue to be, absolutely astounded by Mr. SMITH of New Hampshire. Mr. tion of this proposed action and then Mr. Pickering’s response. President, the legislation before us— speak for the American people. We The administration tells us that we which Senator LOTT has introduced—is must consider our interests, the ques- must become involved in the internal an amendment which I drafted several tion of sovereignty, the nature of the affairs of Yugoslavia to prevent the weeks ago when I saw the administra- conflict and the risks, and what we are spread of this conflict into neighboring tion lurching toward war in Yugo- trying to accomplish. nations, including perhaps NATO mem- slavia. I believe that Congress should What are our interests? The adminis- bers. This is a bogeyman argument, determine whether or not America tration has a hard time explaining why and it is meant to scare us into resolv- should commit an act of war against a U.S. interests are at stake in Kosovo. ing this conflict by using American sovereign nation inside its own bor- This is not surprising. There are cer- military forces. It obscures the real ders. tainly no American lives at risk—not issue: should American troops be Regardless of what your view is on yet, at least. American liberty and placed at risk in an area of the world the conflict in Kosovo, I sense that American property are not threatened. where we have no real interests which most of my colleagues agree that Con- It is not a humanitarian mission like justify direct intervention? Risking gress should take a position on any ac- the assistance we have given to Central U.S. troops in a war in Kosovo is far tion in Kosovo. We simply cannot turn America in the wake of Hurricane more dangerous to American interests this or any other administration loose Mitch. than the small risk that the conflict to commit acts of war around the Nor is loss of life the administra- would spread. world without the demonstrated sup- tion’s standard. Two thousand people The argument is also made that the port of the American people. We did have been killed in the fighting in conflict in Kosovo threatens NATO and that once in Vietnam. We know the re- Kosovo in the past year. That is a lot threatens American leadership of sults. Politicians stood here and de- of people. However, in just 6 weeks in NATO. There is nothing in the North bated it, and men and women died 1994, half a million Rwandans died. We Atlantic Treaty that authorizes NATO to commit the kinds of actions we are every day. didn’t launch any cruise missiles in The purpose of my amendment is Rwanda, Mr. President. There, we did talking about here. NATO is not an of- very simple. It simply requires Con- not launch any cruise missiles when fensive alliance, it is a defensive alli- gress to debate, and then approve or half a million people died. ance. As a matter of fact, it was cre- deny, the use of military force in the If anything, the administration’s ated to prevent aggression against the sovereign nations of Europe. By using Federal Republic of Yugoslavia. That is statements have added confusion to a NATO to attack a sovereign nation, we it, pure and simple. If you want the very complex issue. During a recent are about to turn the alliance on its Congress to have a say in this, you Armed Services Committee hearing, I head. should vote for my amendment. If you asked Under Secretary of State Thom- as Pickering whether or not an attack We are only weakening the alliance think the President should be able to by using its forces offensively in the go to war against a sovereign nation on the Federal Republic of Yugoslavia would be an act of war. His response Federal Republic of Yugoslavia. The without the support of Congress, you core of the alliance has always been to should vote against my amendment. goes right to the heart of the problem I have with the actions of this adminis- protect members from attack, not to This raises constitutional issues for be peace enforcers, not to meddle in some of my colleagues. I want to dis- tration. Here is what Mr. Pickering said: the internal affairs of a sovereign na- pense with them right away. It is clear tion—no matter how despicable the Well, an act of war, as you know, and I that the President has the power to acts that are being committed are—and commit U.S. forces to battle—this have recently found out, is a highly technical term. My lawyers tell me . . . that an certainly not to dictate a peace agree- President or any other President—and ment under the threat of violence. By he has the power to command them act of war, the term is an obsolete term in anything but a broad generic sense. If you intervening in this civil war, I fear the once they are committed. I interpret would say that Milosevic, in attacking and alliance is not showing strength to the this authority as allowing the Presi- chasing Albanians, harassing, torturing, kill- world, but weakness and confusion. dent to respond swiftly and ing Albanians and sending them to the hills Mr. President, NATO expansion has unencumbered to an immediate threat is anything but an act of war, I would cer- already diluted NATO’s strength. By to U.S. lives, liberty, or property. tainly agree with you on that particular becoming enmeshed in the internal af- We have seen in history, some of it judgement. If, in fact, we need to use force to fairs of the Federal Republic of Yugo- stop that kind of behavior and also to bring recent, that a President can interpret slavia, the alliance is distancing itself this authority very loosely. But we about a settlement which recognizes the rights of those people which have been de- further from its core mission, which is also have seen that when Presidents nied, I would tell you that it might well be to ensure the protection of its mem- use force in a way that they do not or a war-like act, although the technical term bers. Although I opposed and continue cannot explain to the American people, ‘‘act of war’’ is something we ought to be to oppose expansion of NATO, I am a and for a cause the American people do careful to avoid in terms of some of its supporter of NATO and its core mis- not in their gut support, that policy former meanings that have consequences be- sion. But if this is what NATO has be- collapses. We saw it by the end of the yond merely the use of the term. come—a means of dragging the United war in Vietnam. We saw it in Somalia, That sounds like a pretty bureau- States into every minor conflict in 1994. We saw it in Beirut in 1983. Re- cratic explanation to me, Mr. Presi- around Europe’s edges—then maybe we publican and Democrat Presidents dent, but I will tell you one thing: To should get out of NATO. alike have learned this lesson. the young men and women who are We are about to begin a high-risk It is entirely constitutional for the going to be asked to put their lives on military operation—a war—against a Congress to withhold funds from any the line in Kosovo, there can be no bu- sovereign nation. Not because Ameri- activity of the Federal Government. It reaucratic explanation about what a cans have been attacked, not because is the Constitution itself, Article I, declaration of war is or is not. It is not our allies have been attacked, but be- Section 8, which gives us that power. the lawyers Mr. Pickering is referring cause we disapprove of the internal pol- This so-called power of the purse is a to who are going to fight. It is not the icy of the Federal Republic Yugoslavia. blunt instrument—there is no question lawyers who are going to be manning That policy is easy to disapprove, but about that—and one we should use the aircraft. It is not the lawyers who that is a very low standard to apply the sparingly, but it is sometimes the only are going to be captured as POWs. It is use of force. If we applied that standard instrument we in Congress have. It is not the lawyers who have to go in and around the world, we would be launch- why the administration must seek con- get those POWs if they are shot down. ing cruise missiles around the world.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5155 The fundamental question is whether combat-hardened nation that is well This is a terribly difficult time for the lives of American soldiers are equipped to defend itself from attack. all of us. Having been in the Vietnam worth interfering in the internal af- Let there be no doubt—I will say it war, watching politicians who could fairs of a sovereign nation where there here now in this Chamber—let there be not decide whether they wanted to sup- are no vital U.S. interests at risk. This no doubt, American lives will be in port the troops or not, day after day, is not Iraq in 1990, where a ruthless ty- danger. This act will result in the month after month, year after year, I rant invaded a peaceful neighboring deaths of American servicemen. The don’t want to see us get embroiled in country. This is a case of a disaffected Joint Chiefs testified before the Armed another conflict the American people population revolting against its gov- Services Committee last week. They are going to lose their taste for after ernment. Is Milosevic a tyrant? Yes, tried to tell us, as carefully as they we start losing young men and women. absolutely. But his tyranny is hap- could. I just came back from a 4-day trip pening inside his own nation. General Ryan, Air Force Chief of around the country—Louisiana, Ala- We are dictating, under the threat of Staff, said: bama, and Colorado—talking to the military action, the internal policy of There is a distinct possibility we will lose troops. They are the best. They can Yugoslavia. We may not like that pol- aircraft in trying to penetrate those de- handle anything we ask them to do. icy, but is that reason to go to war? fenses. But they should not be asked to die in Moreover, is it reason to let the Presi- General Krulak, Commandant of the a conflict where the national security dent of the United States go to war Marine Corps, said: of this country is not at risk. This is without an act of Congress? That is the It is going to be tremendously dangerous. exactly what they will be asked to do question before us today. It is a very He went on to ask the same questions it if we go into Kosovo. serious question, and our actions in I have: What is the end game? How Mr. President, I urge my colleagues this body will have ramifications for long will the strikes go on? Will our al- to carefully think about the implica- many years to come. This very well lies stay with us? tions of what we are about to do at 2 may be one of the most important In the coming days, if air strikes do o’clock or so this afternoon. I urge my votes we make on the Senate floor this go forward, we need to be ready to an- colleagues to support the Smith year. swer the questions of the families of amendment. The conflict in Kosovo is a civil war. those young men and women who will I thank the Chair. I yield the floor. Neither side wants to be involved in not be returning from Yugoslavia. We Mr. President, I note the absence of a the peace agreement that we are trying have to be prepared to answer those quorum. to impose. It took weeks of arm twist- questions. We can begin to answer The PRESIDING OFFICER. The ing and coercion just to get the Kosovo them today: Are we prepared to fight clerk will call the roll. Liberation Army to agree to the deal. in Yugoslavia month after month, slug- The assistant legislative clerk pro- The administration had to send our ging it out with the Serb forces in ceeded to call the roll. distinguished former leader, Bob Dole, those mountains, losing Americans day Mr. HAGEL. Mr. President, I ask to persuade them to accept the agree- after day? Are we prepared for that? unanimous consent that the order for ment. I want to say one thing about the the quorum call be rescinded. Both the KLA and the Serbs still troops. If we go in tonight or tomor- The PRESIDING OFFICER. Without want to fight, and they will fight until row, they will have my support. That is objection, it is so ordered. they do not want to fight anymore. We the way it should be. But I have an ob- Mr. HAGEL. Mr. President, I ask will be using U.S. troops, not as peace- ligation to the Constitution, and under unanimous consent to speak up to 5 keepers, but as peace enforcers. There the Constitution, the U.S. Congress minutes from the time of the Demo- is a difference. Peacekeepers are there must decide whether or not we go to cratic side. to assist the transition to stability. war. That is the purpose of my resolu- The PRESIDING OFFICER. Without Peace enforcers are there as policemen tion. objection, it is so ordered. to separate two parties who want to do Mr. President, I abhor the bloodshed Mr. HAGEL. Mr. President, I rise nothing but fight. They are not inter- in Kosovo. But as much sympathy as I today to address my thoughts on the ested in an agreement. They still want have for those victims, we must re- situation in Kosovo. This is a very to fight. By jamming the agreement member that the Federal Republic of complicated and dangerous issue. down their throats, the administration Yugoslavia is a sovereign nation. We There are no good alternatives, there is not solving the problem. At best, it can provide safe haven for those refu- are no good options, there are no good is delaying it. gees as they exit Kosovo. We don’t need solutions. I have listened with great in- Many proponents of military inter- to go to war. terest and great respect to my col- vention in Kosovo cite World War I as Throughout the cold war, we fought leagues on both sides of the aisle, on a lesson as to the ultimate danger of a to protect the rights of sovereign na- both sides of the issue. Their perspec- crisis in the Balkans. They have it ex- tions, and in 1991 we sent American sol- tives have been important, they have actly backwards. A Balkan war became diers to war to turn back the unlawful been enlightening. The threads of who a world war in 1914 not because there and immoral invasion of the sovereign we are as human beings—in America’s was strife, but because the great pow- nation of Kuwait. George Bush sought case, as leaders of the world, as leaders ers of that day allowed themselves to to defend a sovereign nation after it of NATO—are intertwined in this very become entangled in that strife. We had been attacked, and he came before complicated morass that we call the need to heed this lesson. We did not Congress to seek that authorization. Kosovo issue. fight and win the Cold War just to be He came before the Congress. And he With that said, I don’t believe Amer- dragged into marginal conflicts like barely got our approval. ica can stand by and not be part of a this one. George Bush risked losing a vote in unified NATO response to the contin- Why are the Balkans so prone to con- Congress because he believed that the ued slaughter in the Balkans. I say flict? The main reason is that this is American people should comment on that mainly for three reasons. where Christianity and Islam collide. whether or not we would go to war. In First, the very real potential for this Strife along these lines has gone on that case, the nation of Iraq had at- crisis widening and deepening is imme- virtually uninterrupted for a millen- tacked and conquered the sovereign na- diate and there will be consequences. If nium. This is no place for America to tion of Kuwait. What a change in just this goes unchecked and unstopped get bogged down. I believe in America eight years; here we are today, pre- there is the real risk of pulling in other and American power, but these are con- paring ourselves to attack a sovereign nations into an already very dangerous flicts that America cannot solve. nation, and the administration at this and complicated situation. I believe if The administration is prepared to very minute is trying to avoid this this goes unchecked and unstopped we send our pilots into combat against a vote. run the very real risk of the southern

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5156 CONGRESSIONAL RECORD—SENATE March 23, 1999 flank of NATO coming unhinged. We military intervention, for the Congress precise steps of reasoning were dis- are on the border now of Macedonia, now to come in and undermine that is cussed in great detail beginning at 9:30 Macedonia being on the border of not the right way to have the Congress this morning up through 11:30 with the Greece. participate in its constitutional re- President and the Senate and House Second, the humanitarian disaster sponsibility to help form foreign pol- leadership. The very points that our that would result if NATO stood by and icy. colleague makes were reviewed and re- did nothing would be immense. The However, the President of the United sponded to by the President. consequences of that humanitarian dis- States must take the lead here. I, too, Time and time again—and I am sure aster would move up into Western Eu- have been disappointed in the Presi- you share this with me —I want to ac- rope; nations will take issue and sides dent not coming forward to explain, to cord the highest credit to our colleague against one another in Europe. This educate, on this issue. If the President from Texas, Senator HUTCHISON, and would have consequences in the Mus- feels this is relevant and important to our colleague from New Hampshire, lim world. The humanitarian element America’s interests, the President BOB SMITH, and others, who have re- of this, as much as the geopolitical must come forward and explain that to peatedly over the past week or 10 days, strategic elements involved in this the American people. He has thus far through filing amendments and other- equation, are real. There would be tens not done that. I understand that may wise, brought to the attention of the of thousands of refugees pouring into be done today or tomorrow. I talked to Senate the urgency of this situation nations all over Western Europe. This Secretary Albright Sunday night and and the need to address it. would further exaggerate the ethnic encouraged Secretary Albright, as I Today’s meeting with the President and the religious tensions that exist have others, to encourage the Presi- was the second one, the previous one today. dent to do that. Only the President can being last Friday of similar duration. The third reason I believe that the lead. Only the President can make the Senator LOTT has tried his best to rec- United States cannot stand aside and case as to why this is important for our oncile a rather complicated procedural not be part of any NATO activity to country and explain the consequences situation together with Senator stop the butchery in Kosovo is because of the United States doing nothing. DASCHLE, and they are still conferring. if the United States is the only NATO The President must come before the We are going to address that in our remember who refuses to deal with this Nation and explain why this military spective caucuses here starting mo- problem—all other NATO members are intervention in Kosovo is relevant and mentarily. I see—and I am speaking for committed to deal with this problem— important, and why the very signifi- myself now—a clear movement within if we are the only NATO member not cant risk of life is worth it, why the the Senate to address this within the part of this effort, it surely will be the significant risk of life is worth it. framework of a resolution. There are beginning of the unraveling of NATO. I also want to point out that I have several working now whereby the If NATO does not deal with this crisis heard an awful lot of debate and con- American public can follow with much in the middle of Europe, then what is versation that we, the United States, greater clarity exactly what is the the purpose of NATO? What is the rel- would take on Milosevic. It is not just issue before the Congress and how this evancy of NATO? the United States. It is our 15—actu- body will respond to the challenge. It is I have heard the questions, argu- ally 18—other partners in NATO. I an extraordinary one. The case—as you ments, the debate, the issues raised might add, too, that the Europeans laid out—of inaction is just unaccept- about NATO being a defensive organi- have stepped into this with rather di- able to the world. We are about to wit- zation, the very legitimate questions rect action and a call for arms in using ness a continuation, taking place at regarding acts of war, invading sov- and committing their ground troops the moment, of ethnic cleansing of a ereign nations. These are all important and other military assets. So it is not proportion reaching those that we ex- and relevant questions. However, I the United States against Milosevic. It perienced in Bosnia. think there is a more relevant ques- is NATO; it is the forces of good. We A very courageous diplomat, Mr. tion: What do we use the forces of good must not be confused by that dif- Holbrooke, has made several excur- for, the forces that represent the best ference. sions—I think the most recent com- of mankind, if we are going to be held The President has to explain all of pleted within the hour —and all indica- captive to a definition that was written this to the American public. Yes, there tions are that the situation, diplomati- 50 years ago? are great uncertainties and great risks cally, as much as it was, say, 72 hours Every individual, every organization, at stake. But to do nothing would cre- ago, despite the best efforts of the every effort in life must be relevant to ate a far worse risk for Europe, the United States, Mr. Holbrooke rep- the challenge at hand. The con- United States, NATO, and I believe all resenting this country, but indeed he sequences of the United States not over the world, because the United spoke for 18 other nations—the impor- being part of NATO in this particular States’ commitment and work and tant consideration here is that there effort would be disastrous. America credibility is being watched very care- are 19 nations—16 in NATO and several and NATO’s credibility are on the line fully by Saddam Hussein, the North others—who are locked with the deter- here. I suggest to some of my col- Koreans, and others who would wish mination not to let this tragedy con- leagues who are engaged in this debate, the United States and our allies ill. Ac- tinue. As the Senator said, the con- where were they last fall? Where were tions have consequences. Nonactions sequences of no action are far more un- they when Ambassador Holbrooke have consequences. derstandable than the consequences of reached an agreement with President Mr. President, history will judge us action. Now, the military action pro- Milosevic in October? At that time, the harshly if we do not take action to stop posed is largely, I say largely, but al- United States and all nations in NATO this rolling genocide. As complicated most exclusively, an air type of oper- gave their commitment that there as this is, I hope that as we debate this ation. Those pilots are taking tremen- would be a NATO military response if through today, my colleagues will sup- dous risks. Milosevic did not comply with the port the President on his course of ac- The Senate Armed Services Com- agreement that he made on behalf of tion. mittee, last Thursday, had all the NATO with Ambassador Holbrooke. Thank you, Mr. President. Chiefs present. As the first indications Part of the debate we are having Mr. WARNER addressed the Chair. of the concern in the Senate were be- now—if not all of it—should have been The PRESIDING OFFICER. The Sen- ginning to grow through questioning done last fall. To come in now after the ator from Virginia is recognized. by myself and other members of the administration and our NATO partners Mr. WARNER. Mr. President, before committee, we had each Chief give are trying to bring together some my colleague departs the floor, I wish their appraisal of the risk, and General peaceful resolution using the leverage to commend him for his final set of re- Ryan, speaking for the air arms of our of NATO firepower and the leverage of marks. I listened very carefully. Those country, was unequivocal in saying

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5157 this is dangerous, that these air de- leads this Senator to think it is in our I am convinced that the President fenses are far superior to what we en- national security interest to propose has to go forward within 24 or 48 hours countered in Bosnia and what we are action. I shall be supporting as a co- with the other NATO nations. today encountering in Iraq, and this sponsor the joint resolution as it comes So I sort of put myself in the cockpit country runs the risk of casualties. to the floor this afternoon. with those brave aviators, where you What more could he say? He was joined Right on the line I will sign and take have been in a combat situation, Sen- by General Krulak, Chief of Staff of the that responsibility. ator, many times, and you know that Army, and the Chief of Naval Oper- Mr. President, I ask unanimous con- situation better than most of us. And ations. All of them very clearly out- sent that the time be extended for you know how it is important to that lined the risks that their respective about 5 minutes. soldier, sailor, or airman that has the personnel would take—that, together The PRESIDING OFFICER. Without feeling—or she in some cases—that this with our allies. objection, it is so ordered. country is behind them and stands with Numerically speaking, about 58 per- Mr. WARNER. Mr. President, it is them as they and their families take cent of the aircraft involved will be very important that this air operation these risks. U.S. Why? It is very simple. Fortu- I thank the Senator for the oppor- degrade his capability to do further nately, through the support of the Con- tunity to have a colloquy with him on damage in Kosovo. But the instability gress and the American people, we have this important question. I commend in the region, as stated by the Presi- put in place a military that can handle him for his leadership on this and dent this morning, in many ways par- a complication such as this. I say many other issues. allels Bosnia, but could be considered ‘‘complication’’ because going in at I thank the Chair. more serious because of Greece, Tur- high altitudes and trying to suppress Mr. HELMS addressed the Chair. key, and the spillover of the refugees ground-to-air munitions is difficult. It The PRESIDING OFFICER. The into Macedonia and Montenegro. It is requires precision-bombing types of in- Chair recognizes the Senator from just not an isolated situation of repres- struments, precision missiles, and North Carolina. sion and oppression by Milosevic many of the other nations simply do Mr. HELMS. I thank the Chair. against Kosovo civilians. They are now not have that equipment. But it is in- (The remarks of Mr. HELMS per- flowing in and causing great problems teresting, if we get a peace accord—and taining to the introduction of S. 682 are in these nations who are trying to do I have long supported the United located in today’s RECORD under the best they can from a humanitarian States being an element of a ground ‘‘Statements on Introduced Bills and standpoint to accept them. force under the prior scenario where we Joint Resolutions.’’) So I always come back to the fact had reason to believe that there would The PRESIDING OFFICER. The Sen- that this Congress went along with the be a peace accord—and maybe there is ator from Iowa. President as it related to Bosnia. His- a flicker of hope that it can be reached Mr. HARKIN. Mr. President, I will tory will show that we were misled in before force is used in this instance— take just about 3 minutes now and I certain instances by the President hop- but there the European allies would will speak longer than this later in the ing we could be out by yearend. It had have about 80 percent of the responsi- day. not been the case. But we are there, bility, and the United States, I think The PRESIDING OFFICER. Without and the killing has stopped. How soon by necessity, as leader of NATO, should objection, it is so ordered. the economic stability of that country have an element. Mr. HARKIN. Mr. President, it seems So another message that we have to can create the jobs to give it some per- we are moving irrevocably towards war tell the people is that the countries of manence we know not. But we could in the Balkans. It appears that the U.S. the world—indeed NATO—are united. lose an investment of up to $8 billion or forces along with NATO forces will It is just not to be perceived as a U.S. $9 billion that this Congress has au- soon be engaged in open warlike activ- operation. It is a consolidated oper- thorized and appropriated through the ity against Serbian forces. This Sen- ation by 19 nations. Milosevic should years to bring about the degree of ator took the floor in January of 1991, be getting the message now, if he achievement of the cessation of hos- prior to the engagement of our forces hasn’t already, that this is not just a tilities in Bosnia if Kosovo erupts and in the Persian Gulf, to state my feel- U.S. operation. It is a combined oper- spills over the borders in such a way as ings that before any President commits ation of 19 nations. to undo what has been done over these our troops to a military action of this Now, the proposed air operation is years since basically 1991. nature, that President should seek the the best that our Joint Chiefs, in con- So there are many ramifications. It advice, consent, and approval of Con- sultation with the North Atlantic is difficult for the American people to gress. Council and the respective chiefs of the understand all the complexities about Only Congress has the power to de- NATO, can devise given that air assets the credibility of NATO and the credi- clare war; it is quite clear in the Con- are to be used. It is spelled out, I think, bility of the United States as a work- stitution. It is this Senator’s strong in a convincing way. ing partner, not in just this opposition, feeling that this President would be re- The President, again, went over this but future operations with our Euro- miss, and we would be shirking our du- very carefully with the Secretaries of pean nations. But they do understand ties, if in fact we did not, today, set State and Defense, the National Secu- quite clearly that genocide and ethnic aside whatever other business this Sen- rity Adviser, and the Chairman of the cleansing, murdering, rape, and pil- ate has, to debate fully a resolution Joint Chiefs present this morning. This laging cannot go on. And we have in supporting or not supporting the use of operation, in stages, unequivocally I place uniquely in this geographic area our military force in Kosovo. That de- think, will bring severe damage to, the political organization in NATO, to- bate should be held today and the vote first, the ground-to-air capabilities; gether with such military assets as are should be held today, or tomorrow, but and then if Milosevic doesn’t recognize necessary to address this situation. as soon as possible, so we fulfill our the sincerity of these 19 nations, then So it is my hope that the leaders will constitutional obligations. there will be successive air operations be able to resolve a very complex situa- I said, in 1991, if the President were on other targets designed to degrade tion as it relates to the procedural to engage in war in the Persian Gulf substantially his military capability to matter before the desk and that we can without Congress first acting, not only wage the war of genocide and ethnic have before the Senate this afternoon a would it be a violation of the War Pow- cleansing taking place at this very resolution with clarity of purpose and ers Act but I think it would be a viola- minute throughout Kosovo. clarity of how each Senator decides for tion of the Constitution of the United In addition, as I am sure the Senator themselves and speaking for the con- States. I still feel that way, regardless is aware, there are many collateral stituents about what the country of whether it is President George Bush ramifications to this situation, which should do. or President Bill Clinton.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5158 CONGRESSIONAL RECORD—SENATE March 23, 1999 So the sounds of war are about us. I or HCFA. HCFA is the federal agency because of a protocol. Because of arro- am hearing the rumblings that our charged by law to protect nursing gance, perhaps. planes and our pilots might start flying home residents. HCFA must ensure So, we’ll move forward with yester- soon, that bombs might start dropping that the enforcement of federal care re- day’s testimony, learning how the soon. Our military people will be en- quirements for nursing homes protects nursing home complaint system is in gaged in military activities of a war- the health, safety, welfare, and rights shambles. And the agency responsible like nature. Now is the time and here of nursing home residents. Yet, HCFA for fixing it wasn’t here to listen. Of is the place to debate that. We cannot was a no-show. course, they can read about it once it’s shirk our constitutional responsibil- There is a very specific reason for in writing—a process they are com- ities. The debate should be held this yesterday’s hearing, and this series of fortable with. afternoon. The vote should be held, no hearings. It’s because the health, safe- Since I have been in the Congress, I later than tonight or early tomorrow, ty, welfare, and rights of nursing home have never taken partisan shots at an on whether or not this Congress will residents are at great risk. Yet, the administration. I believe only in ac- support that kind of activity in agency responsible was not here. countability. My heaviest shots were Kosovo. The committee invited the two pri- against administrations of my own I yield the floor. vate citizens in the public interest. party. The record reflects that very The PRESIDING OFFICER. All time Through their eyes, we saw a com- clearly. has expired. plaint process turned upside-down. It’s The easy thing to do would be to Mr. HARKIN. I thank the Chair. a process that has put some nursing take partisan pot shots over this. It’s Mr. GRASSLEY addressed the Chair. home residents at risk. Their testi- much harder to redouble our efforts, in The PRESIDING OFFICER. The Sen- mony could help correct the process so a bipartisan way on the committee— ator from Iowa is recognized. others don’t have to suffer the same which I intend to do—until HHS and Mr. GRASSLEY. Mr. President, I wrongful treatment. HCFA get the message. When will HHS would ask if you will notify me when I The reason HCFA wasn’t here is puz- and HCFA hear what’s going on out have talked 6 minutes. zling, given the committee’s focus on there in our nation’s nursing homes? The PRESIDING OFFICER. Is the listening to citizen complaints. HCFA Perhaps when they learn to listen to Senator requesting unanimous consent is an agency within the Department of the citizens we—all of us in govern- to extend the time? Health and Human Services—HHS. ment—serve. Until they get the mes- Mr. GRASSLEY. Yes. HHS determined that HCFA should not sage, these problems will get worse be- The PRESIDING OFFICER. Without show up because HHS witnesses do not fore they get better. objection, it is so ordered. follow citizen witnesses. That’s their One key reason why HCFA’s presence f so-called policy. was important, yesterday, was to nail In other words, HCFA—the organiza- down just who is in charge. At our HCFA’S A NO-SHOW tion that is supposed to serve our el- hearing last July, Mr. Mike Hash, Mr. GRASSLEY. Mr. President, yes- derly citizens by protecting the health, HCFA’s deputy administrator, told the terday the Special Committee on safety, welfare, and rights of nursing committee that HCFA is responsible Aging, which I chair, held a hearing on home residents—was not here because for enforcement for nursing homes. Yet the government’s oversight role in en- its protocol prevents them from testi- in yesterday’s written testimony sub- suring quality care in our Nation’s fying after citizen witnesses. mitted for the record, Mr. Hash says nursing homes. The committee has Last Friday, when discussing this the states have the responsibility. been investigating systemic flaws in matter with HHS officials, my staff This needs to be clarified. Who’s in nursing home care for two years. A se- was told the following: ‘‘Our policy is charge, here? Is this why we’re seeing ries of reports by the General Account- that we testify before citizen wit- all these problems in nursing homes? ing Office and the HHS inspector gen- nesses.’’ Because no one’s in charge? eral have now shown this to be a na- Now, I have four comments on this. In my opinion, this matter has to get tional problem. First, how serious is the Department cleared up at once. Every day that The Aging Committee investigates in about the problems we’re uncovering in passes means more and more nursing a bi-partisan manner. The rules of the nursing homes when a protocol issue is home residents may be at risk. The De- committee require it. The committee’s more important than listening to how partment of HHS has to restore public ranking member, Senator BREAUX, has their complaints process might be confidence that it truly cares, that it’s very ably assisted the committee’s flawed? doing something about it, and that im- work. His insightfulness and interest in Second, I have conducted hearings, in proving nursing home care is a higher issues affecting the elderly population which citizen witnesses go first, since priority than protocols for witnesses at has brought greater credibility to our 1983. Other committees have done the a hearing. work. same. I don’t recall any department at f At yesterday’s hearing, we learned any hearing I conducted since 1983 that much about the breakdown in the com- became a no-show, even when private RECESS plaints process. In other words, when citizens testified first. Especially for The PRESIDING OFFICER. Under someone makes a formal complaint an issue as important as this. the previous order, the Senate will now about the treatment of a loved-one in a Third, the Department may be trying stand in recess until the hour of 2:15 nursing home. The various states oper- to convince the public it cares. But p.m. ate the process. But the federal govern- this no-show doesn’t help that cause. Thereupon, at 12:47 p.m., the Senate ment has the ultimate responsibility to The public might confuse this with ar- recessed until 2:16 p.m.; whereupon, the oversee it to make sure complaints are rogance. Senate reassembled when called to being addressed. Finally, this situation yesterday order by the Presiding Officer (Mr. Yesterday we heard from two citizen could not possibly have illustrated bet- INHOFE). witnesses who experienced firsthand a ter the main point of the hearing; Mr. LOTT. Mr. President, I suggest broken-down complaints process. Their namely, that citizens’ complaints are the absence of a quorum. stories were tragic, yet real. The com- falling on deaf ears. These witnesses The PRESIDING OFFICER (Mr. mittee, the government, and the public traveled many miles yesterday. They INHOFE.) The clerk will call the roll. learned much from their testimony. were hoping that government offi- The legislative clerk proceeded to We also heard from the GAO and cials—the very officials responsible— call the roll. from the HHS IG. would hear their plea. Instead, what Mr. LOTT. Mr. President, I ask unan- The committee did not hear from the did they get? A bureaucratic response. imous consent that the order for the Health Care Financing Administration, Their agency-protectors were no-shows quorum call be rescinded.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5159 The PRESIDING OFFICER. Without McConnell, Ted Stevens, and Jim I should advise the Senate that there objection, it is so ordered. Bunning. is beginning now a working group of The majority leader. VOTE Senators who will be working to deter- f The PRESIDING OFFICER. The mine if they can draft language for the question is, Is it the sense of the Sen- resolution regarding the Kosovo situa- EMERGENCY SUPPLEMENTAL AP- ate that debate on amendment No. 124 tion. We still have pending the PROPRIATIONS ACT FOR FISCAL to S. 544, a bill making emergency sup- Hutchison amendment and the Smith YEAR 1999 plemental appropriations and rescis- amendment. And there will be a bipar- The Senate continued with the con- sions for recovery from natural disas- tisan effort to see if there can be some sideration of the bill. ters, and foreign assistance, for the fis- compromise language worked out or Mr. LOTT. Mr. President, we are ob- cal year ending September 30, 1999, and some language that might be voted on viously dealing with very serious mat- for other purposes, shall be brought to in some form before the afternoon is ters for the future of our country and a close? The yeas and nays are required over. our military men and women today. We under the rule. The clerk will call the In the meantime, we are working want to make sure we proceed prop- roll. now toward an agreement with regard erly. We are looking at how to proceed The legislative clerk called the roll. to consideration of the supplemental on the Kosovo issue and the supple- Mr. NICKLES. I announce that the appropriations and beginning of the mental appropriations and be prepared Senator from Mississippi (Mr. COCH- consideration of the budget resolution. for consideration of the budget resolu- RAN) is absent because of a death in the The managers are here, and they are family. tion beginning tomorrow. ready to begin to work on some amend- The PRESIDING OFFICER. Are there We have looked at a lot of options. ments, I believe, which have been any other Senators in the Chamber de- cleared. We hope that within the next Obviously, we have been talking among siring to vote? ourselves and the administration, and 30 minutes we can enter into an agree- The yeas and nays resulted—yeas 55, ment with regard to finishing the sup- Senator DASCHLE and I have gone nays 44, as follows: through a couple proposals. plemental today, with Kosovo language [Rollcall Vote No. 55 Leg.] being considered in the process as a Our conclusion is, at this time we YEAS—55 should go forward with the cloture vote possibility, and then begin tomorrow as scheduled. The cloture vote is on the Abraham Frist Murkowski on the budget resolution. Allard Gorton Nickles With that, I yield the floor so that Smith amendment, which is an amend- Ashcroft Gramm Roberts the distinguished chairman can begin ment to the Hutchison amendment to Bennett Grams Roth to have these amendments considered the supplemental appropriations bill. Bond Grassley Santorum Brownback Gregg that are ready to be cleared. When that vote is concluded, depend- Sessions Bunning Hagel Shelby I yield the floor. ing on how that vote turns out, then Burns Hatch Smith (NH) Several Senators addressed the Campbell Helms we will either proceed on the Smith Smith (OR) Chafee Hutchinson Chair. Snowe amendment or we will set it aside, if Collins Hutchison The PRESIDING OFFICER. The Sen- Specter cloture is defeated, and work on the Coverdell Inhofe ator from Alaska. supplemental appropriations bill while Craig Jeffords Stevens Thomas Mr. STEVENS. Mr. President, I now we see if we can work out an agree- Crapo Kyl ask unanimous consent that there be DeWine Lott Thompson ment on language or how we proceed Domenici Lugar Thurmond stricken from the amendment list Sen- further on the Kosovo issue. Enzi Mack Voinovich ator HARKIN’s relevant amendment, We thought the better part of valor Feingold McCain Warner Senator JEFFORDS’ three relevant Fitzgerald McConnell at this time is to have the vote on clo- amendments, and Senator REED’s ture. Is that Senator DASCHLE’s under- NAYS—44 OSHA small farm rider amendment. standing, too? We will continue to Akaka Edwards Lieberman The PRESIDING OFFICER. Without work with the interested parties. A bi- Baucus Feinstein Lincoln objection, it is so ordered. Bayh Graham Mikulski partisan group will sit down together AMENDMENTS NOS. 125, 126, AND 127, EN BLOC Biden Harkin Moynihan and look at language to see if we can Bingaman Hollings Murray Mr. STEVENS. Mr. President, let me come up with an agreement on that Boxer Inouye Reed state, so that everyone understands, language. We may be able to, maybe Breaux Johnson Reid that there is a sense-of-the-Senate Bryan Kennedy Robb not. But we should make that effort. Byrd Kerrey amendment offered by Senator BINGA- Rockefeller Cleland Kerry MAN regarding the use of sequential Then we also will press on the supple- Sarbanes Conrad Kohl mental appropriations bill while we do Schumer billing policy in making payments to Daschle Landrieu home health care agencies under the that. Dodd Lautenberg Torricelli With that, Mr. President, I ask for Dorgan Leahy Wellstone Medicare Program; an amendment by the regular order. Durbin Levin Wyden Senators LEAHY, JEFFORDS, and COL- LINS providing additional funds and an CLOTURE MOTION NOT VOTING—1 appropriate rescission to promote the The PRESIDING OFFICER. Under Cochran recovery of the apple industry in New the previous order, pursuant to rule The PRESIDING OFFICER. On this England; and the third amendment is XXII, the Chair lays before the Senate vote, the yeas are 55, the nays are 44. offered by Senator LINCOLN to provide the pending cloture motion, which the Three-fifths of the Senators duly cho- adversely affected crop producers with clerk will report. sen and sworn not having voted in the additional time to make fully informed The legislative clerk read as follows: affirmative, the motion is rejected. risk management decisions for the 1999 CLOTURE MOTION Mr. LOTT. Mr. President, I ask unan- crop year. We the undersigned Senators, in accord- imous consent that the pending I send these amendments to the desk ance with the provisions of rule XXII of the Hutchison amendment, No. 81, be tem- and ask for their immediate consider- Standing Rules of the Senate, do hereby porarily set aside under the same ation, and ask unanimous consent that move to bring to a close debate on the Lott terms as previously agreed to with re- they be considered and agreed to en amendment No. 124 prohibiting the use of spect to the call for the regular order. funds for military operations in the Federal bloc. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Republic of Yugoslavia: objection, it is so ordered. Trent Lott, Paul Coverdell, Bob Smith of objection, it is so ordered. New Hampshire, Jeff Sessions, Don Mr. LOTT. Mr. President, we will re- The clerk will report. Nickles, Charles E. Grassley, Sam sume consideration of the supple- The legislative clerk read as follows: Brownback, Tim Hutchinson, Michael mental appropriations bill with amend- The Senator from Alaska (Mr. STEVENS) B. Enzi, Bill Frist, Frank Murkowski, ments in order as outlined in the con- proposes amendments en bloc numbered 125 Jim Inhofe, Conrad Burns, Mitch sent agreement reached on March 19. through 127.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5160 CONGRESSIONAL RECORD—SENATE March 23, 1999 The amendments (Nos. 125 through bursement submitted by home health agen- this Act, but not to extend beyond April 12, 127), en bloc, considered and agreed to cies; and 1999, during which a producer described in are as follows: (B) such intermediaries adhere to Health subsection (a) may— Care Financing Administration instructions (1) with respect to a federally reinsured AMENDMENT NO. 125 that limit the number of claims for reim- policy, obtain from any approved insurance (Purpose: To express the sense of the Senate bursement held for such review for any par- provider a level of coverage for the agricul- regarding the use of the sequential billing ticular home health agency to no more than tural commodity for which the producer ap- policy in making payments to home health 10 percent of the total number of claims sub- plied for the CRCPLUS endorsement that is agencies under the medicare program) mitted by the agency; and equivalent to or less than the level of feder- At the appropriate place, insert the fol- (3) ensure that such intermediaries are ally reinsured coverage that the producer ap- lowing: considering and implementing constructive plied for from the insurance provider that of- SEC. ll. FINDINGS AND SENSE OF SENATE RE- alternatives, such as expedited reviews of fered the CRCPLUS endorsement; and GARDING SEQUENTIAL BILLING claims for reimbursement, for home health (2) transfer to any approved insurance pro- POLICY FOR HOME HEALTH PAY- agencies with no history of billing problems vider any federally reinsured coverage pro- MENTS UNDER THE MEDICARE PRO- who have cash flow problems due to random vided for other agricultural commodities of GRAM. medical reviews and sequential billing. the producer by the same insurance provider (a) FINDINGS.—The Senate finds the fol- AMENDMENT NO. 126 that offered the CRCPLUS endorsement, as lowing: determined by the Corporation. (Purpose: To appropriate an additional (1) Section 4611 of the Balanced Budget Act amount to promote the recovery of the Mr. STEVENS. Mr. President, I move of 1997 included a provision that transfers fi- apple industry in New England, with an to reconsider the votes by which the nancial responsibility for certain home offset) health visits under the medicare program amendments were agreed to, and I under title XVIII of the Social Security Act On page 2, between lines 20 and 21, insert move to lay that motion on the table. (42 U.S.C. 1395 et seq.) from part A to part B the following: The motion to lay on the table was of such program. AGRICULTURAL MARKETING SERVICE agreed to. (2) The sole intent of the transfer described For an additional amount to carry out the Mr. STEVENS. Mr. President, we in paragraph (1) was to extend the solvency agricultural marketing assistance program have, I think, a process now to sort of of the Federal Hospital Insurance Trust under the Agricultural Marketing Act of 1946 relieve the roadblock, or remove the Fund under section 1817 of such Act (42 (7 U.S.C. 1621 et seq.), $200,000, and the rural roadblock, on this supplemental bill U.S.C. 1395i). business enterprise grant program under sec- and get it ready to go to conference to- (3) The transfer described in paragraph (1) tion 310B(c) of the Consolidated Farm and morrow with the House. The House will was supposed be ‘‘seamless’’ so as not to dis- Rural Development Act (7 U.S.C. 1932(c)), rupt the provision of home health services $500,000: Provided, That the entire amount pass this bill tomorrow. So I urge Sen- under the medicare program. shall be available only to the extent an offi- ators to offer their amendments, and (4) The Health Care Financing Administra- cial budget request for $700,000, that includes we will, to the best of our ability, take tion has imposed a sequential billing policy designation of the entire amount of the re- the Senators’ amendments to con- that prohibits home health agencies under quest as an emergency requirement as deference, if at all possible. the medicare program from submitting fined in the Balanced Budget and Emergency AMENDMENT NO. 128 claims for reimbursement for home health Deficit Control Act of 1985, as amended, is (Purpose: To eliminate any emergency des- services provided to a beneficiary unless all transmitted by the President to Congress: ignations from the bill and provide addi- claims for reimbursement for home health That the entire amount is Provided further, tional offsets from unused fiscal year 1999 services that were previously provided to designated by Congress as an emergency re- emergency spending) such beneficiary have been completely requirement under section 251(b)(2)(A) of such solved. Act. Mr. GRAMM. Mr. President, I send (5) The Health Care Financing Administra- On page 37, between lines 9 and 10, insert an amendment to the desk. tion has also expanded medical reviews of the following: The PRESIDING OFFICER. The claims for reimbursement submitted by FARM SERVICE AGENCY clerk will report. home health agencies, resulting in a signifi- The bill clerk read as follows: EMERGENCY CONSERVATION FUND cant slowdown nationwide in the processing The Senator from Texas (Mr. GRAMM) pro- Of the amount made available under the of such claims. poses an amendment numbered 128. (6) The sequential billing policy described heading ‘‘EMERGENCY CONSERVATION PRO- in paragraph (4), coupled with the slowdown GRAM’’ in chapter 1 of title II of the 1998 Sup- Mr. GRAMM. Mr. President, I ask in claims processing described in paragraph plemental Appropriations and Rescissions unanimous consent that reading of the (5), has substantially increased the cash flow Act (Public Law 105–174; 112 Stat. 68), $700,000 amendment be dispensed with. problems of home health agencies because are rescinded. The PRESIDING OFFICER. Without payments are often delayed by at least 3 AMENDMENT NO. 127 objection, it is so ordered. months. (Purpose: To provide adversely affected crop The amendment is as follows: (7) The vast majority of home health agen- producers with additional time to make At the end of the bill, add the following: cies under the medicare program are small fully informed risk management decisions SEC. . (a) Notwithstanding any other pro- businesses that cannot operate with signifi- for the 1999 crop year) vision of this Act, none of the amounts pro- cant cash flow problems. On page 7, between lines 8 and 9, insert the vided by this Act are designated by Congress (8) There are many other elements under following: as an emergency requirement pursuant to the medicare program relating to home section 251(b)(2)(A) of the Balanced Budget GENERAL PROVISION, THIS CHAPTER health agencies, such as the interim pay- and Emergency Deficit Control Act of 1985. ment system under section 1861(v)(1)(L) of SEC. ll. CROP INSURANCE OPTIONS FOR (b) An additional amount of $2,250,000,000 is such Act (42 U.S.C. 1395x(v)(1)(L)), that are PRODUCERS WHO APPLIED FOR CROP REVENUE rescinded as provided in section 3002 of this creating financial problems for home health COVERAGE PLUS.—(a) ELIGIBLE PRODUCERS.— Act. agencies, thereby forcing more than 2,200 This section applies with respect to a pro- AMENDMENT NO. 129 TO AMENDMENT NO. 128 home health agencies nationwide to close ducer eligible for insurance under the Fed- since the date of enactment of the Balanced eral Crop Insurance Act (7 U.S.C. 1501 et seq.) (Purpose: To eliminate any emergency Budget Act of 1997. who applied for the supplemental crop insur- designations from the bill) (b) SENSE OF THE SENATE.—It is the sense ance endorsement known as Crop Revenue Mr. GRAMM. Mr. President, I send a of the Senate that the Health Care Financ- Coverage PLUS (referred to in this section as second-degree amendment to the desk. ing Administration should— ‘‘CRCPLUS’’) for the 1999 crop year for a The PRESIDING OFFICER. The (1) evaluate and monitor the use of the se- spring planted agricultural commodity. clerk will report. quential billing policy (as described in sub- (b) ADDITIONAL PERIOD FOR OBTAINING OR The bill clerk read as follows: section (a)(4)) in making payments to home TRANSFERRING COVERAGE.—Notwithstanding The Senator from Texas (Mr. GRAMM), for health agencies under the medicare program the sales closing date for obtaining crop in- himself, and Mr. NICKLES, proposes an under title XVIII of the Social Security Act surance coverage established under section amendment numbered 129 to amendment No. (42 U.S.C. 1395 et seq.); 508(f)(2) of the Federal Crop Insurance Act (7 128. (2) ensure that— U.S.C. 1508(f)(2)) and notwithstanding any (A) contract fiscal intermediaries under other provision of law, the Federal Crop In- Mr. GRAMM. Mr. President, I ask the medicare program are timely in their surance Corporation shall provide a 14-day unanimous consent that reading of the random medical review of claims for reim- period beginning on the date of enactment of amendment be dispensed with.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5161 The PRESIDING OFFICER. Without So I have sent two amendments to conference, is a major step forward in objection, it is so ordered. the desk. One makes across-the-board getting credibility back into the budg- The amendment is as follows: reductions in the previous emergency et. At the end of the amendment add the fol- bill we passed in areas other than agri- On that basis I yield the floor. lowing: culture and defense to such a degree The PRESIDING OFFICER (Mr. SEC. . Notwithstanding any other provi- that we pay for the $441 million. So the CRAPO). The Senator from Alaska. sion of this Act, none of the amounts pro- Mr. STEVENS. Mr. President, my vided by this Act are designated by Congress emergency supplemental at that point as an emergency requirement pursuant to will be deficit neutral in fiscal year friend brought a smile to my face be- section 251(b)(2)(A) of the Balanced Budget 1999. cause I remembered Miniver Cheevy: and Emergency Deficit Control Act of 1985. The second-degree amendment, Miniver Cheevy, child of scorn, Mr. GRAMM. Mr. President, a con- which I have submitted on behalf of Cursed the day that he was born. tinuing problem with the emergency myself and Senator NICKLES, because He was born too late. Just think, I supplemental appropriations is that it in fact it was his amendment that he might have been chairman of the Ap- is not paid for. reserved the right to offer—the second- propriations Committee back in the I would like to remind my col- degree amendment is an amendment days before the Budget Act, before leagues—and I will try to be brief—that which waives the emergency designa- scoring fights, when we just talked last year the President in the State of tion, which will mean that this $515 about what the country needed. Right? the Union Address took the hard and million of spending in the years 2000 But it is one of those things. fast position that we should save So- through 2005, will count toward the Mr. GRAMM. But then you would be cial Security first. The idea was that spending caps in those years. So by dead, Mr. Chairman. the whole surplus of the Federal budget spending the money now, we will lose Mr. STEVENS. No, Cheevy just should go to Social Security and the ability to spend that amount of hoped he had lived sooner. You under- should be used to reduce the out- money in future years. stand? By definition, he is dead. standing debt of the Government. These are two straightforward Mr. GRAMM. Oh, OK. As everyone remembers, in the wan- amendments which have one overriding Mr. STEVENS. I cannot match the ing hours of the session last year we virtue, and that is, they pay for the memory of my friend from West Vir- passed an emergency appropriations supplemental. ginia as far as poetry is concerned. I bill that contained numerous non- Let me say of my colleague, the Sen- was trying to think of another poem I emergency items. And the net result ator from Alaska, that I am very grate- remembered that would have been ap- was to spend $21 billion—roughly one- ful he has decided to accept these propriate, but right now I will say this: third of the surplus—every penny of amendments. I know this only means Mr. President, here is the problem. which was Social Security surplus. postponing the battle until conference. We had a massive bill last fall. It had Therefore, in the words of the Presi- There was a clever little poem I emergency monies appropriated that dent, we had plundered the Social Se- learned as a boy. And I am sort of were outside the budget. Now we are curity trust fund to fund all of these ashamed to say that I forget exactly reprogramming much of that money to other programs of Government. what the rhyme was. But it was, ‘‘He new emergencies or to new programs As I am sure everyone is aware, along that is convinced against his will is un- which take the money away from the with the budget that will come to the convinced still.’’ And I know that in programs we appropriated for last fall. floor of the Senate immediately fol- this case, wanting to get on with this But now we are going to spend it some- lowing disposition of the issue on bill, our dear colleague, our loving col- where else. OMB did not score that Kosovo, we will consider a lockbox pro- league from Alaska, is convinced money last fall because it was outside vision that requires a reduction in the against his will to take these amend- the budget. Now the Senator from debt held by the public by the amount ments, and I know he is unconvinced Texas has gone to the CBO and the of Social Security surplus. That will still. CBO has scored that as money that is automatically lower the debt limit we But the point is, we would have the just being appropriated. We are really will set by law each time we have a So- ability to go to conference with our bill reprogramming appropriated money to cial Security surplus. So the net result fully paid for and with no emergency new uses. will be that each and every penny of designation. That would put those of us When they score it, they do not come the Social Security surplus will, in who believe that this should be the way up with budget authority, which is the fact, be locked away, going to debt re- we do business in this country in a po- problem of the legislative committees. duction in the name of Social Security. sition in conference to try to sway oth- They come up with outlays, which is While none of that saves Social Secu- ers. On that basis, I will be willing, our problem. We do not have the out- rity, it does mean that none of it is with the adoption of these amend- lays. By definition, the money, if we spent on general government and that ments, to let the bill go to conference leave it where it is, it is going to be we actually reduce the indebtedness of where, obviously, at that point this spent. It is going to be spent unscored. the Federal Government in the process. will be fought out again. As a consequence, I have told the Right in the face of this effort to Let me conclude, before the Senator Senator from Texas, and I hope my lock away the Social Security surplus from Alaska changes his mind, by sim- friends from the other side of the aisle for Social Security, we found ourselves ply saying we are going to have to would agree, we will take this to con- with an emergency supplemental ap- come to a moment of truth here. We ference. I made a commitment. I will propriations bill which is not paid for. cannot write budgets that say we are sit down with the CBO and see if I can And, in fact, in its current form, the going to control spending and then understand their point of view of why bill increases spending and therefore continue to spend. We cannot lock they should do this to us. Most people takes $441 million right out of the So- away money for Social Security and do not agree. It is only the Senate Ap- cial Security surplus in fiscal year 1999. then spend the money for Social Secu- propriations Committee that is subject And then, adding this year and the rity. I know it is hard—when the Presi- to this control. The House just waived next 4 years, it would take almost $1 dent says one thing and does another— the points of order. Over here, our bills billion out of the surplus; $956 million for Congress to say something and then are subject to points of order. would, in fact, be taken out of that sur- actually do it because, obviously, it is The amendment of the Senator would plus. easier to say it and not do it than it is lead to dramatic cuts in several prior- It seems to me we can’t be credible to say it and then do it. But I do be- ities that were funded in the omnibus talking about a lockbox to lock this lieve the American people have a high- bill as emergency issues and not scored money away for Social Security at the er standard that they apply to us, and on outlays. And we have a provision in very same moment that we are spend- I think the adoption of this amend- this bill that says those monies will ing the money. ment, especially if it can be held in continue to not be scored as outlays if

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5162 CONGRESSIONAL RECORD—SENATE March 23, 1999 they are spent for the purposes we re- because to do so one would have to in- We have 100 Members of the Senate designated them for: Diplomatic secu- crease the debt beyond that which is who say they are for it. Your amend- rity, to rebuild our embassies de- agreed upon, the debt held by the pub- ment gives us a happy opportunity to stroyed in Kenya and Tanzania, the lic, and in so doing they would need a marry all this up with a binding con- funding that we put up for the U.S. supermajority. straint. The question is, who is for real Government’s response to the Y2K Since the administration says they and who is not for real on this issue. computer problem. At my request last want to save the Social Security trust That is what will be determined. year, we went forward very early and fund, do you have any idea—can my Mr. DOMENICI. I thank the Senator. the Senate started that process, $3.25 colleague imagine why the Secretary Mr. STEVENS addressed the Chair. billion to deal with Y2K. It was not of the Treasury would be against it? The PRESIDING OFFICER. The Sen- scored, and we are reallocating some of Mr. GRAMM. Yes, I can tell you I not ator from Alaska. Mr. STEVENS. Mr. President, I want that. The agriculture relief from last only have an idea, I think it is clear there is only one reason anybody would to put in the RECORD the scoring that year—again, it was an emergency. We we got on the supplemental bill as it be against it, and that is they want to are reprogramming some of that. came out of committee. It shows the Above all, the FEMA disaster relief say they are saving Social Security, problem. CBO showed we had $319 mil- but they do not want to do it. They monies, all of those were not scored for lion in savings on outlays, and OMB want to have it both ways. They want outlays, Mr. President. But I under- said we had $567 million savings in out- stand what my friend is doing. He is to give great and flowery speeches lays. OMB now has gone back and has trying to do the same thing we are try- about ‘‘Save Social Security first, save changed the minuses to plus, and they ing to do, and that is preserve Social Social Security now,’’ but when it gets say that we are over $441 million. It is Security. I will be willing to do any- right down to it, what the provision of because of a revision, I guess, of the thing I can to preserve the position we my colleague in the budget does by way they have approached the bill. have taken that Social Security funds changing the debt ceiling is it actually Mr. President, I ask unanimous con- not be touched. They were touched last makes it impossible for them not to do sent the scoring that we received on S. fall. We are not touching them, we are it unless they can get 60 votes in the 544, as reported to the Senate, be print- reusing them. That is something the Senate to raise the debt ceiling. So the ed in the RECORD and that it be fol- CBO cannot quite grasp right now, and only reason they would oppose it is lowed by the Senator’s chart, as of I have said I will go sit down and talk they do not intend to do it. March 22, of scoring from CBO of the to them. As a matter of fact, I will in- Mr. DOMENICI. That would require bill as it stands before the Senate vite the Senator from Texas to come statute law to do what I have rec- today. along so he will have a worthy advo- ommended and what my staff and I There being no objection, the tables cate as we try to understand the new have worked out? We would have to were ordered to be printed in the concepts of scoring outlays on monies bring that to the floor, and that will be RECORD, as follows: that were already appropriated on an another test after the budget resolu- emergency basis. tion about how serious people are FY 1999 SUPPLEMENTAL S. 544, AS REPORTED I think the Senator from Texas raises about not touching the Social Security [In millions of dollars] some interesting points. I do hope we trust fund; is that correct? Senate bill will be able to accept this. I have to Mr. GRAMM. Anybody who is opposed to your bill is refusing to write CBO OMB tell the Senator from Texas that my BA Outlays Outlays decision to recommend these be taken into law in a binding manner what ev- to conference is still subject to being erybody pledges verbally to do. The OFFSETS Agriculture: reviewed on the other side of the aisle, provision of the Senator from New Food stamp program ...... ¥285 ...... and I will have to defer the final ap- Mexico is an enforcement mechanism. Net ...... ¥285 ...... proval of the amendment of the Sen- And the only reason anybody would be ator until that time. But I will call against enforcing an antiplundering Commerce-Justice: DoJ OIG ...... ¥5 ¥5 ¥5 him if there is any discussion to be had provision on Social Security is if they INS enforcement & border affairs ...... ¥40 ¥32 ¥32 on his amendment. intend to plunder. I think that is what INS citizenship & benefits, immigr. support ...... ¥25 ¥20 ¥20 I hope he agrees we set it aside tem- the whole issue is about. NOAA operations, research & facilities ¥2 ¥1 ¥1 porarily while awaiting that response Mr. DOMENICI. I ask one thing fur- NOAA procurement, acquisition & constr ...... ¥2 ¥1 ¥1 to my request. But I do intend to rec- ther. My colleague has been here work- Contributions to Int’l organizations ...... ¥22 ¥22 ¥22 ing with me for most of my time on the Contributions to Int’l peacekeeping ...... ¥21 ¥21 ¥21 ommend the amendments of the Sen- ¥ ¥ ¥ ator be taken to conference where we Budget Committee, although I was Int’l broadcasting operations ...... 1 1 1 will explore them and try to see if we there for a while when he was in the Net ...... ¥118 ¥103 ¥102 can accommodate what the Senator is House working on budgets there. I have Defense: trying to do without disturbing the talked, heretofore, about whether or Operations & maintenance, defense- ¥ ¥ ¥ process that we feel is our duty—to not we can lock up the Social Security wide ...... 210 78 155 meet the emergencies as they are pre- trust fund. But it is my recollection Net ...... ¥210 ¥78 ¥155 that no legislation of the type that I sented to us this year, not last year. Foreign Operations: Several Senators addressed the propose has ever been suggested to the Global environmental facility (GEF) ...... ¥60 ¥5 ¥5 Congress as a means of not spending Economic support fund ...... ¥10 ¥1 ¥1 Chair. Assistance for E. Europe & Baltic The PRESIDING OFFICER. The Sen- that money. Is that your recollection States ...... ¥10 ¥1 ¥1 Assistance for Newly Independent ator from New Mexico. also? States ...... ¥10 ¥2 ¥1 Mr. DOMENICI. Mr. President and Mr. GRAMM. Well, first of all, I don’t Int’l organization and programs ...... ¥10 ¥9 ¥9 Senator STEVENS, before he leaves the know of any effort in the past, prior to Net ...... ¥100 ¥18 ¥16 floor, I am going to ask a question of 1979, when I came to the Congress. the Senator from Texas on the speech There had been no legislative action Interior: BLM management of lands & resources ¥7 ¥5 ¥5 that he just made, although it is not since 1979 that would have locked in a directly on point. I thank Senator process to enforce debt reduction. This Net ...... ¥7 ¥5 ¥5 GRAMM for the comments he made is the first in my experience of service Labor-HHS-Ed: about Social Security and protecting it in the Congress. My guess is there has State unemployment service ...... ¥16 ¥16 ¥16 Education, research, statistics ...... ¥8 ¥2 ¥1 and the lockbox. He has explained the never been a similar proposal before, TANF (deferral) ...... ¥350 ...... lockbox as legislation he has reviewed but we do have an extraordinary cir- Net ...... ¥374 ¥18 ¥17 in my behalf, and described it as mak- cumstance. We have a President who is ing it very difficult, if not impossible, committed to saving Social Security Military Construction: ¥ ¥ ¥ to spend the Social Security surplus, money and using it for debt reduction. BRAC ...... 11 2 3

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5163 FY 1999 SUPPLEMENTAL S. 544, AS REPORTED— Mr. GRAMM. Mr. President, I move short road from Gustavus, where there Continued to reconsider the votes by which the is an airfield, to Bartlett Cove. This is [In millions of dollars] amendments were agreed to. very rugged, glacier-bound terrain. The Mr. STEVENS. Mr. President, I move only entry is by vessel or aircraft fly- Senate bill to lay that motion on the table. ing over the area. There are kayaks, The motion to lay on the table was BA CBO OMB small boats, and so forth. The activity Outlays Outlays agreed to. is monitored by the Park Service quite Net ...... ¥11 ¥2 ¥3 AMENDMENT NO. 130 effectively. (Purpose: To maintain existing marine If you look at the map of Alaska, you VA-HUD: Emergency community development activities in Glacier Bay National Park) also find that this entire area of Can- grants ...... ¥314 ¥1 ¥7 Mr. MURKOWSKI. Mr. President, I ada has no outlet to the Pacific Ocean. HUD management and administration ...... ¥5 ...... EPA science and technology ...... ¥10 ¥4 ¥4 ask unanimous consent to set aside the That is from roughly Cordova down pending amendment, and I send an through Ketchikan, all this area of ¥ ¥ ¥ Net ...... 324 10 11 amendment to the desk and ask for its northern British Columbia, Chapter 1, title V, division B of P.L. 105– immediate consideration. Whitehorse, the Yukon Territory. 277 ...... ¥23 ¥18 ¥18 The PRESIDING OFFICER. Without Reduction in non-DoD emergency appro- There is no access. But there is in Gla- priations in division B of P.L. 105–277 ¥343 ¥67 ¥187 objection, the clerk will report. cier Bay a very tiny area, at the Tarr Reduction in non-defense discretionary The bill clerk read as follows: spending from revised economic as- Inlet, where a glacier occasionally re- sumptions ...... ¥100 ...... ¥53 The Senator from Alaska (Mr. MURKOWSKI) cedes and provides a bit of real estate proposes an amendment numbered 130, Total ...... ¥1,894 ¥319 ¥567 in Canada at the head of Glacier Bay. At the appropriate place in the bill, insert Of course, the difficulty is you cannot the following: go through a glacier for access. I just IMPACT OF S. 544 (EMERGENCY SUPPLEMENTAL ‘‘SEC.. GLACIER BAY.—No funds may be point this out to you so you will have APPROPRIATIONS, FY1999) ON DISCRETIONARY SPENDING expended by the Secretary of the Interior to a little better view of the real estate, [Net Impact of Appropriations and Rescissions, in millions of dollars] implement closures or other restrictions of subsistence or commercial fishing or subsist- the topography, and so forth. Outlays, Total Budget ence gathering in Glacier Bay National What we have before us in this issue FY1999 outlays authority Park, except the closure of Dungeness crab is the traditional right of fishermen fisheries under Section 123(b) of the Depart- S. 544 as Reported ...... +$275 +$719 0 and subsistence gatherers who live in Amendments Adopted ...... +166 +237 +$4 ment of the Interior and Related Agencies the area, either in Gustavus or Hoonah, Appropriations Act, 1999, (section 101(e) of di- which is a Native village. These are Current Total ...... +441 +956 +4 vision A of Public Law 105–277), until such gatherers. What does that mean? To Preliminary Congressional Budget Office estimates as of March 22, 1999. time as the State of Alaska’s legal claim to Total outlays in future years may be affected by subsequent legislation. ownership and jurisdiction over submerged these people it is part of their heritage, part of their lifestyle. Mr. STEVENS. I think it dem- lands and tidelands in the affected area has been resolved either by a final determination Mr. President, we do not have any onstrates that there is a legitimate by the judiciary or by a settlement between chickens in this particular area. It is battle here over people who make esti- the parties to the lawsuit.’’ pretty wet, pretty cold. So the Natives mates. We have one group of esti- Mr. MURKOWSKI. Mr. President, if I occasionally go in and gather sea gull mators downtown, another group of es- may have the attention of my col- eggs. Now, there is not much demand timators over in CBO. We have our own leagues, let me identify specifically for sea gull eggs. The question of their on the committee. We make estimates what is intended by this amendment. continued right to go in and gather of what we are doing, and it is like First of all, I should identify the spe- those eggs as well as fish is what this three groups of lawyers. Fifty percent cific area about which we are con- issue is all about, because the action of them are wrong all the time. I say cerned. This is my State of Alaska. by the Park Service would preclude this as a lawyer. Over here on the right is Canada. We traditional fishing and gathering, As a practical matter, there is no an- have our State Capitol here in Juneau. which has been going on here for hun- swer to the Senator from Texas’ ap- Just north of Juneau is an extraor- dreds of years. proach, unless we just set them all dinary jewel of our National Park The fishermen and subsistence gath- down in the same room and say find a Service called Glacier Bay. Glacier Bay erers really can’t go someplace else. It way to come to an agreement. In the is a pretty substantial area in size. It is my opinion and that of my senior final analysis, there are three com- consists of about 3.3 million acres. colleague, Senator STEVENS, that their puters working on this bill and, as they That is about the size of 3 Grand Can- rights should be respected. say, if you put stuff in, stuff is going to yons or 4 Yosemites or 17 Shenandoah What have we got that is different come out; right? That is the trouble. I National Parks or 825 Gettysburgs. It is about this issue? The difference is the am not sure what color the stuff is that part of the State of Alaska which has State of Alaska has indicated its intent the Senator from Texas is using, but it about 33,000 miles of coastline. to file suit and our Governor, Governor is coming out. It disagrees with our Let me further identify specifically Knowles, has asserted claim to the sub- conclusions of what this bill means. what Glacier Bay consists of relative merged lands within the park. Granted, I am told that the other managers of to the map of Alaska which is before the Park Service has control of Glacier the bill agree with my concept that you. Bay National Park and Preserve. The this is something we should explore in We have in southern Alaska in the State, under the Statehood Act, was conference, and we will give it our best northern tip, before you cross the Gulf given control of the inland waters. The review in conference. We are willing to of Alaska to go up to the Anchorage question is, Who has jurisdiction over accept the Senator’s amendments now. area, the area specifically known as waters within the park? That is the The PRESIDING OFFICER. The Glacier Bay National Park and Pre- issue. question is on agreeing to the amend- serve. Over in this corner we have Gus- The conflict today is that the Park ment. tavus, which is a small community, Service is enforcing today an elimi- Without objection, the second-degree Bartlett Cove, where the Park Service nation of fishing and an elimination of amendment is agreed to. has its concessions, and down here we subsistence gathering, but the State The amendment (No. 129) was agreed have Chichagof Island, and over here, has indicated it intends to bring suit. to. Juneau. The purpose of this map is to I have a press release by the Gov- The PRESIDING OFFICER. Without give the visitor some idea of the ex- ernor of the State of Alaska dated objection, the first-degree amendment, traordinary size and attractiveness of March 4 indicating the State’s intent as amended, is agreed to. Glacier Bay and the realization that of bringing suit against the Interior The amendment (No. 128), as amend- there are absolutely no roads in this Department over Glacier Bay fishing. ed, was agreed to. area, with the exception of this very It is titled, ‘‘Governor asserts claim to

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5164 CONGRESSIONAL RECORD—SENATE March 23, 1999 submerged lands within park.’’ This lowed under the Park Service proposal. another question is, What is the jus- matter is being brought before us One- or two-person family-operated tification? today, because the existence of the suit boats are not welcome. They are not The fisheries consist of small num- suggests that until it is decided, the welcome in the park anymore. There is bers of small vessels, as I indicated. residents of the area should not be dis- no good reason for it. They say they do These are a type of traditional vessels, allowed their conventional access for not want a commercial activity. But trollers, mom-and-pop—many are a lot fishing and gathering. this is what they do allow in the park: smaller than that—fishing for salmon. In real terms, the delay does not A 2,000-passenger cruise ship as big as But Glacier Bay is not a significant jeopardize any park value. Gathering three football fields. That is allowed. If salmon spawning ground, because there and fishing is fully regulated by the that is not a commercial activity, I are no major rivers. The water is very State of Alaska, the Department of don’t know what is. I happen to sup- glacially silty and, as a consequence, Fish and Game, very effectively and port it. You can look at the topog- anadromous fish do not use habitat in very efficiently. All important fish- raphy, the glaciers. There is no better the upper parts of the bay. They move eries are under the system that would way to see Glacier Bay National Park in here a little bit to feed, that’s all. prevent any increase—any undue effort than from the deck of a cruise ship. Mostly, we have some crab fishing, we on the resource. In the thousands of But to suggest there is something have some halibut fishing that is sea- years that the Natives have been in the wrong with the subsistence dependence sonal, and some bottom fish. These area, there has been no evidence of any of the Native people and something fish, as I have indicated, are not under resource problem. wrong with limited commercial fishing any threat. There is no danger to the Let me also identify a couple of other because it is commercial, and then to resource. All are carefully managed for specifics here. This is a traditional support what is truly commercial—the subsistence harvest by the State of Hoonah Tlingit village that existed at cruise ships—why, I think that is a Alaska, and most of them are under the turn of the century. You can see grave inconsistency. limited entry. the fish drying on the racks and the I think it is important to go back to There is an argument out there that homes, the summer camps, where the what the local residents were assured fishing is incompatible with such uses Native people resided. This picture was they would have—the local residents of as sports fishing or kayaking, but actually taken in Bartlett Cove in Gla- southeastern Alaska. They were as- these have been rejected by the various cier Bay. sured, as local residents, that the Gov- groups, the sport fishing groups, the The unfortunate part of this is, this ernment would not eliminate tradi- kayak concessions, who favor continu- village no longer exists. The Park tional uses, including fishing and sub- ation of limited commercial fishing Service eliminated it. The Park Serv- sistence gathering. That certainly is and subsistence gathering. ice burned several Indian houses and not the case anymore, is it? What are we really talking about in smokehouses like this in the seventies. I think it is also important to recog- numbers? Because the big Department Again, this was a summer camp, a sum- nize that while nationwide park regula- of Interior comes down and says they mer village. tions adopted in 1966 prohibited fishing are opposed to this. They want to The history of subsistence in Glacier in freshwater parks, these did not pro- eliminate this activity. But for the Bay spans, as near as we can tell, Mr. hibit fishing in the marine or salt wa- President, about 9,000 years. The people, this is their livelihood. They Tlingit name of the bay means ‘‘main ters of Glacier Bay. have no place else to go. They appeal I wish I had this in chart. The Park place of the Huna people’’ or was re- to the Senate. I, as one of the two Sen- Service proposes closing fisheries in ferred to as the ‘‘Huna breadbasket,’’ ators from Alaska, proudly represent Glacier Bay, as we have already because they depended, if you will, for them in their voice crying out for fair- ascertained. But what is their overall their livelihood on some of the renew- ness, crying out for justice. policy nationally? In Assateague Island able resources there. The Gustavus community has 436 As many as five Native strongholds National Seashore in Maryland and residents; 55 are actually engaged in once existed inside the park boundary, Virginia, the Park Service authorizes fishing. Gustavus is right here. Elfin but, as I have indicated, the Natives commercial fishing. Biscayne National Cove across the way, directly across, were gradually forced out of their tra- Park in Florida, the Park Service au- has 54 people. Out of those 54 people, 47 ditional places, and in the seventies thorizes commercial fishing. Buck Is- are engaged in fishing. Hoonah, a the National Park Service burned down land Reef National Monument, U.S. Tlingit Indian village, has 900 people, the Tlingit fishing camps like this in Virgin Islands, commercial fishing is 228 involved in fishing. Pelican City, the park. OK there. Canaveral National Seashore 187 residents, and 86 in fishing. That Limited fishing began back in 1885, in Florida, fishing is OK there. Cape might not sound like much, but these long before Glacier Bay was named as a Hatteras National Seashore, North are real people. This is their real life- national park. Again, it is interesting Carolina, commercial fishing is OK. style, and they are pleading for fair- to reflect on the claim of jurisdiction Cape Kruzenstern National Monument ness and justice. I think we have an ob- of the Park Service. Not only did they in Alaska—way, way, way up here by ligation to them. claim the inland waters, but they Kotzebue—commercial fishing is OK Mr. President, let me just read a note claimed 3 miles out along the Gulf of there. Channel Islands, California, from Wanda Culp, a Tlingit historian. Alaska, from roughly Dry Bay, which commercial fishing is OK. Fire Island This was written February 13, 1998. I is near Yakutat, 3 miles out into these National Seashore in New York, com- quote: rich fishing grounds, which have al- mercial fishing is all right. Gulf Island The 1980 ANILCA law has done more dam- ways been open for commercial fishing National Seashore, Mississippi, Ala- age to the Tlingit use of Glacier Bay through under the State department of fish and bama, and Florida, commercial fishing National Park Service management. Since game. They have the enforcement ca- is OK. Isle Royale National Park in the 1925 establishment of Glacier Bay Na- Michigan, commercial fishing is fine. tional Park, the National Park Service has pability, and that is the point of men- been systematically eliminating the native tioning this, for 3 miles out, to close Jean Lafitte National Historic Park, people, the Tlingit people, out of Glacier Bay that as well. Louisiana, commercial fishing is OK. through their management practices. Again, my appeal is, let the court de- Lake Mead National Area, Nevada, In the 1970s, the National Park Service determine who has control over the in- fishing OK. Redwood National Park, stroyed the Huna fish camps, burned down land waters of the park, and let’s get California, commercial fishing is OK. the smoke houses when tourism began its on with allowing the traditional gath- Virgin Islands National Park, fishing is importance in Glacier Bay. ering and limited commercial fishing OK. That is a little bit of the history. I activity that takes place there. Why kick out just Alaska, a few resi- could comment on the fisheries at As we look at a couple of things that dents who rely on their traditional greater length. I could comment on the are dos and don’ts, this is no longer al- gathering? That is the question. And research that suggests that the French

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5165 explorer, LaPerouse, in 1746, saw the I remind my colleagues that while the Senator from Alaska, the chairman local Tlingit fishing here. The park was there has been proposed remuneration of the Appropriations Committee, Mr. established in 1916. But the Tlingit peo- for fishermen, there has never been any STEVENS, on this matter. We have al- ple have used it as a fishing camp as proposed remuneration for the subsist- ready dealt with this. There is an long as recorded or verbal traditional ence-dependent Native people. So I en- agreement. It was written into the law, history of that proud people exists. courage consideration be given to the and let me read you the agreement. I know we are going to have objec- merits of what we are asking. I think it This is the law. The agreement says tions relative to prior arrangements is right. I think it is just. I think it is very simply: concerning Glacier Bay, and I hope my fair. If you consider the overall scheme The Secretary of Interior and the State of colleagues will note that in the amend- of things, the Park Service, while man- Alaska shall cooperate in the development ment we address the issue of the crab aging Glacier Bay, for reasons un- and the management and planning for the fishing, and I should like to refer to known to me, has had a difficult time regulation of commercial fisheries in Glacier Bay National Park. that. trying to determine what is, indeed, a In the amendment, we specifically commercial activity that is OK; name- On and on. Then it goes on to say: say ‘‘with the exception of the closure ly, these large cruise ships, and what is Such management plan shall provide for of the Dungeness crab fisheries under commercial fishing in the marine waters no longer OK, which is a small fishing within Glacier Bay National Park outside of section 123(b) of the Department of In- activity or the traditional rights of the Glacier Bay proper and within marine waters terior and Related Agencies Appropria- Native people to gather in that area. within Glacier Bay as specified in paragraph tions Act.’’ This is a certain type of There would be absolutely no harm ... fishery, a crab fishery, and we concede done by allowing this moratorium to Anybody who wants to can read all of that a previous agreement to close it is stand, if, indeed, it prevails, until such the relevant provisions. Basically, the binding. So that crab fishery is closed. time as the courts resolve this issue agreement is this: That fishing, com- There is no question about that. Com- once and for all as a consequence of the mercial fishing, outside of Glacier Bay pensation for that closure was provided fact the State has seen fit to bring suit is fine. for, but has not yet been to fishermen. on who has jurisdiction over the inland It is fine. Even fishing next to the The appeal to each and every Member marine waters. boundaries of Glacier Bay is fine. A is that while the State contests the I see some of my colleagues may wish commercial fishery within Glacier Bay question of who has jurisdiction in Gla- to discuss this amendment. I am happy was to have certain restrictions be- cier Bay, the Native people continue to to respond to any questions. cause there was a conflict between the be allowed to subsist and gather, and I gather we are under no time agree- national park values within Glacier that the limited commercial fishery ment. Bay—for example, wilderness areas that is under the authority and man- The PRESIDING OFFICER. The Sen- within Glacier Bay—and commercial agement of the State of Alaska be al- ator is correct. fishing interests within Glacier Bay. lowed to continue. Mr. MURKOWSKI. So if my col- So we worked out an agreement—the Why deprive these people simply be- leagues want to talk about the amend- White House and Senator STEVENS, the cause this matter is going to be re- ment, I shall be pleased to respond to chairman of the Appropriations Com- solved in the courts of the United questions or comment a little later. mittee—worked out an agreement, of States, particularly—again, I would Mr. BAUCUS addressed the Chair. which I read part. Other parts of the emphasize—when we have acknowl- The PRESIDING OFFICER. Does the agreement are not quite as relevant as edged the number of national parks, Senator yield the floor? the parts I read. That is the essential marine refuges, and so forth that com- Mr. MURKOWSKI. Yes. I intend to nature of the agreement. mercial fishing is allowed to take place speak on this later though. We have debated this before. This is in. So if we get into a debate, as we The PRESIDING OFFICER. The Sen- not new. I stood on this floor several may, about any reference to the Dun- ator yields the floor. hours, with other Senators, debating geness crab and the compensation Mr. BAUCUS addressed the Chair. other environmental riders. Izembek issue, I want to make sure the RECORD The PRESIDING OFFICER. The Sen- was an environmental rider; now we reflects the reality that no binding ator from Montana. have Glacier Bay, another environ- agreement has been made on other Mr. BAUCUS. Mr. President, I appre- mental rider. After several hours of de- fisheries in the bay. There was ref- ciate the remarks of my good friend bate on the Senate floor, we concluded erence to allowing them to continue to from Alaska. After all, he is one of the debate because the Interior appropria- fish without compensation for one gen- two Senators who represent the State tions bill never came up. It was with- eration. So we are accepting the agree- of Alaska, and he believes strongly in drawn. It was then subsumed into the ment on the Dungeness crab, but we this matter. large omnibus appropriations bill with are asking respectfully that we be al- Mr. President, this is the very same the agreement that I just outlined be- lowed to continue the other present matter we discussed 6 months ago, ex- tween the White House and the senior practices within Glacier Bay until the actly the same. This is one of those en- Senator from Alaska. court suit is settled. vironmental riders which has popped Now, here we are all over again; same You may wonder how this sits in the up again. It is the Glacier Bay environ- issue, same subject; nothing new. scheme of things, as we have expended mental rider. That is the environ- I say to my colleagues, we have dis- a good deal of time and effort debating mental rider on the Interior appropria- cussed this. We have debated it. We Kosovo and whether we should initiate tions bill of last year, a bill that never have reached an agreement on this an action there. came before the Senate, I think, with issue. We are here now on the supple- Well, here we are talking about a few all due respect to my good friend from mental appropriations bill. We want to real people in my State of Alaska, peo- Alaska, because a lot of Senators did get this bill passed today so we can ple who are out there whose lives and not want to have those votes on those send it over to the other body and have livelihoods, as they view it, are at risk. environmental riders. There were sev- a conference, come back, and be They are looking to us for relief. So by eral of them. And so the whole Interior through with the supplemental appro- this amendment, I implore my col- appropriations bill was then submerged priations this week. leagues to recognize equity and fair- into the omnibus appropriations bill, Why prolong the Senate on an ness; how these people have been, if that giant and super granddaddy bill amendment which has already been de- you will, removed from their heritage that came up before the House and bated, an amendment which has al- by the Park Service, and now that her- Senate last year, and in that omnibus ready been agreed to, in the sense that itage is about to be terminated inas- bill there was an agreement—this was a compromise was worked out that rec- much as it would remove subsistence a provision which was an agreement es- ognized both the National Park inter- activities. sentially between the White House and ests and the wilderness interests—

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5166 CONGRESSIONAL RECORD—SENATE March 23, 1999 which, after all, are American inter- I yield the floor. Let me say I can totally understand ests—in Glacier Bay on the one hand, The PRESIDING OFFICER. The Sen- the enthusiasm of the Senator from with the fishing interests and particu- ator from Rhode Island. Alaska to get more. We all like more. larly the indigenous interests on the Mr. CHAFEE. Mr. President, I reit- It seems to me at some point we have other hand? erate some of the points that the Sen- to reach closure on these things. In- I say to my colleagues, we are hear- ator from Montana just made. I don’t deed, as both of us have mentioned and ing this argument all over again. We think anybody will dispute this. The referred to the compromise that have an agreement. Essentially, what facts are as follows: In last year’s Inte- seemed to settle this, the issues were the amendment by the Senator from rior appropriations bill, there was a exactly the same. Alaska provides is to rescind that provision prohibiting the Secretary of Mr. MURKOWSKI. If I may respond agreement. That is what the amend- Interior from promulgating regulations to my friend from Rhode Island, I ment does, rescind it. It is couched a affecting commercial or subsistence think he is confusing or misinter- little bit by saying rescind it and tell fishing in Glacier Bay. As the Senator preting the intent of our amendment. the State that it will be rescinded until from Montana said, first of all, the De- If one examines the amendment the State of Alaska has resolved its partment of Interior found that provi- closely, there is a recognition of the lawsuit with the Federal Government— sion objectionable in the appropria- deal that was made last year. That rec- but we don’t know when that will be; tions bill, so they worked out with the ognition is in line 5 where it says, some lawsuits go on forever with ap- senior Senator from Alaska a com- . . . except the closure of Dungeness crab peals and so forth. It is essentially a promise that was included in the omni- fisheries under Section 123(b) of the Depart- recision of the agreement that we al- bus appropriations bill. ment of Interior and Related Agencies. ready agreed to. In other words, this is ‘‘deja vu all We are abiding by that arrangement The State of Alaska and the Depart- over again.’’ We have been down this that was made and we are not changing ment of Interior are now engaging in road. We reached a compromise, a com- that. discussions as to what the management promise between Alaska and the De- The crab fishermen, I might add, plan at Glacier Bay should be. Those partment of Interior. I really have would much rather fish than be paid by are ongoing discussions. To override great difficulty understanding why we the Federal Government not to fish. the agreement we have reached just be- are revisiting this 6 months later. I They are, in fact, being eliminated cause a couple weeks ago we heard that guess it isn’t quite 6 months. from their fishery in that particular the State of Alaska intends to file a What did the compromise do? It re- part of Glacier Bay. lawsuit—a suit which may or may not quired the Secretary of the Interior To suggest that we are changing the occur, a suit which may last for years; and the State of Alaska to develop a deal is, in fact, totally inaccurate and, who knows if it will ever be finally ter- management plan, and the Senator again, is a misinterpretation. minated—and for us to then stop an from Montana has just referred to that. I hope that my distinguished col- agreement on that basis, I think, does The management plan would allow league will recognize that, indeed, not make a lot of sense, frankly. commercial fishing in the waters out- there is a difference. First of all, the I think it makes much more sense— side Glacier Bay and it would regulate crab fishermen have not been paid one and this is a bit presumptuous on my a closed fishery within the bay. The red cent by the Federal Government. part—for the State of Alaska to, in compromise consists of this manage- They will, hopefully, be paid, but that good faith, sit down with the Depart- ment plan. They are going to work on has not occurred yet. We are talking ment of Interior and see if they can it together. about the balance of the fishery, which work out any remaining issues. Cer- In addition, shortly after that, in the amounts to some bottom fish and some tainly filing a lawsuit raises questions supplemental appropriations bill, there halibut. as to how feasible an agreement is, is an increase in compensation to the We are also talking about something whether one can be reached. I say don’t fishermen as a result of the com- that is more important, which really, I file the suit. Sit down with the Depart- promise. In other words, the fishermen say to the Senator from Rhode Island, ment of Interior and try to work it out. are receiving more money as a result of is overlooked: What is the value of the If in good faith the State of Alaska be- the compromise—the Federal Govern- subsistence to the dependent Native lieves the Department of Interior is not ment is paying out money. We are people who are being kicked out and acting in good faith, then we will see doing our part of the bargain. eliminated? They are not receiving any what we can work out at that point. I hope that the Senator from Alaska, remuneration or being taken care of in We are not at that point. We are cer- Senator MURKOWSKI, will not press this any deal. Would that be just, I ask my tainly not at that point when a lawsuit amendment. There is, as I say, the friend from Rhode Island, if it were his has been filed by the State of Alaska groundwork for a management plan State? Would it be right if the indige- which only muddies the waters—no pun and the State of Alaska has filed notice nous people could no longer gather sea intended—on this whole issue. of an intent to sue within the past 2 gull eggs when they don’t have chick- I am not going to go into all the de- weeks. They are in that suit; they are ens? I mean that in a literal sense be- tails of this because we have gone over going to claim ownership over the sub- cause, as the Senator is well aware, we it so many times and in so many hours, merged lands. don’t have any chickens up there; it is except to say this has been debated, If they don’t like the management too wet, too cold. They rely on a few this very subject. This is one of those plan that they work out, then they can sea gull eggs, and they have always environmental riders which, incred- go back to their suit. But I don’t think been allowed to do that, for generation ibly, has popped up again. We have we ought to be here debating this all after generation. Is that justice? reached an agreement; the White House over again just after we reopen every- Mr. CHAFEE. Mr. President, in last and the senior Senator from Alaska thing. Can’t we arrive at any conclu- year’s appropriations bill, there was reached an agreement. I say abide by sions around this place? language that went beyond the the agreement, try to make that work. As I say, less than 6 months ago a crabbers. It included a provision pro- If it doesn’t work, then we will see if deal was reached with the senior Sen- hibiting the Secretary of the Interior we can resolve it later. ator from Alaska. My question to the from promulgating regulations affect- We all understand the Senator from chairman of the Energy Committee is, ing commercial or subsistence fishing. Alaska is here standing up for the peo- Why don’t we stick with that agree- So that was the provision in last year’s ple at Glacier Bay, and I understand ment? Indeed, as I mentioned before, bill. The Department of the Interior that. However, there is an agreement the Alaska fishermen have benefited found those, as I mentioned, provisions worked out in the omnibus appropria- from it because there have been pay- objectionable, so they worked out a tions bill. I say let’s stand by that ments to them pursuant to the com- compromise. The compromise was agreement. promise that was worked out. meant to cover the entire rider that

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5167 was involved. It wasn’t meant to settle to—after one generation without completed, and that is what the suit is all the deal. pensation. They don’t have any com- about. Mr. MURKOWSKI. That isn’t what pensation. So basically, when you sug- Again, in the interest of fairness, Mr. the amendment says. gest that the State and Federal Gov- President, why does the Park Service Mr. CHAFEE. Which amendment? ernment can work together on some say it is OK to commercially fish in Mr. MURKOWSKI. It eliminates the kind of a management resolve, the Maryland, in Assateague; in Florida, crab fishery. That was the arrange- Federal Government has spoken. It is Biscayne; in the Virgin Islands, Buck ment made last year. Those fishermen kicking them out. Island; in Canaveral, Florida; in Cape are to be given remuneration for not The Federal Government maintains Hatteras, North Carolina; in Channel fishing by the Federal Government. that it has jurisdiction over the inland Islands, California; in Fire Island, New They would much rather fish. waters. The State has seen fit to indi- York; in Gulf Island, Alabama and Mr. CHAFEE. In other words, you ex- cate that it is going to file suit to de- Florida, on and on and on. But it is not clude them? termine who has jurisdiction. Make no OK anymore here. Here you have an Mr. MURKOWSKI. They are ex- mistake about it, Mr. President, the added dimension. You have the peo- cluded, yes. That is the only agreement Federal Government and Department ple—the few hundred people who are that has been made and binding for re- of the Interior has a philosophy of dependent on Glacier Bay for a subsist- muneration. creeping bureaucracy where they ex- ence lifestyle and a small amount of Mr. CHAFEE. There may not be pro- tend their jurisdiction; and they can do commercial fishing. visions for remuneration, but the pro- it if the State is not successful in re- We are not reneging on any deal, we visions that you originally had last solving its suit. They have jurisdiction are merely keeping people working— year in your rider were encompassed 3 miles out from Federal land. Believe keeping people working, keeping peo- within the deal with Senator STEVENS, me, it is just a matter of time before ple employed, keeping people produc- and so the matter was settled as far as they come around for Bartlett Cove tive while the jurisdictional issue is de- everybody goes, plus the admonition— and go out to Cape Spencer and north cided. What in the world is wrong with I guess you can call it that—that they from Cape Spencer up toward Yakutat. that? The courts are going to make would reach this management plan—I So we are accepting the Dungeness this decision. But, for goodness’ sake, don’t know what has become of that— crab deal. But there is no justification let the people who are dependent on it but also the State of Alaska proceeded for more—and I implore my colleagues for their lifestyle and their traditions to file suit in this thing anyway. to recognize this. Let the courts decide continue. So it seems to me that what you are it, but for goodness sake, in the mean- Mr. President, I have gone on long proposing here is to undo something time, allow the Native people to con- enough. If there are some questions of that was agreed to last year—not just tinue what they have been doing for my friend from Montana, I would be in connection with the crabbers, which thousands of years; allow the limited happy to answer. you mentioned, but with the total commercial fishery to continue until Mr. BAUCUS. Mr. President, I have a package that you had in your rider last such time as the court gets it resolved. few brief questions, if I might. The year. And so it was settled, it seemed I would love to compromise on this, question is, Has the State of Alaska to me. That is all I have to say. but there is no compromise with the filed a lawsuit? Mr. MURKOWSKI. Well, Mr. Presi- Park Service. They want to eliminate Mr. MURKOWSKI. No. As I indicated, dent, perhaps I can enlighten my col- the fisheries. The State has brought the State indicated its intent to file a leagues a little bit. I would be prepared suit. That is what is new and different lawsuit and will be filing it late this to respond to questions. He refers to about this. My colleagues fail to recog- summer or early this fall. Mr. BAUCUS. Assuming they will file waiting for a management plan from nize that the State is saying, OK, it is late this summer, or early this fall, on the Park Service. We have that man- time to settle the jurisdiction issue. this issue, how long might that lawsuit agement plan, Mr. President. That We have tried to negotiate and work be pending? management plan is quite explicit. It is out with the Park Service a manage- Mr. MURKOWSKI. I am sure the Sen- to close the commercial activities as- ment plan that would allow the State ator from Montana would agree that sociated with fishing. I encourage my to continue to manage it. What does neither he nor I has any idea. The colleague to recognize it for what it is. the Park Service know about managing point is, these people have had access If you look at this picture, this is com- fisheries? They have no biologists. The to the park for thousands of years. And mercial fishing activity. They don’t State of Alaska spends more than any what difference does 6 months or a year want commercialization of the park. I other State on fishery biology; we are make? don’t see my friends from Montana or good at it. That is why we have fish. To Mr. BAUCUS. Might that lawsuit Rhode Island commenting about this suggest that the Park Service should conceivably take a couple, or 5, or 10 commercial activity, where 2,000 people enter into a process to generate exper- years before it is resolved? Is that pos- are aboard this ship. That is a commer- tise in this area is unreasonable, im- sible? cial activity. They are paying to come practical and, finally, unnecessary. Mr. MURKOWSKI. I hope it will not. into Glacier Bay. We have nothing but creeping ad- I hope it will be very short. The management plan is a manage- vancement by the Department of the Mr. BAUCUS. But it is possible. ment dictate by the Department of the Interior within our State because we Mr. MURKOWSKI. I don’t know. We Interior to kick out the fishermen and are a public land State. But it is time have had access since we became a to eliminate the Native people from that the people of Alaska express their State in 1959 and the Federal Govern- Hoonah, Elfin Cove, and so on. There is views, and they have expressed their ment always recognized the state’s not an awful lot of affection for the views through the Governor’s an- management. They have technically Park Service, which I think my friend nouncement of the suit. allowed this to go on since 1959. Sud- from Montana, who knows something Again, it is not the same as 6 months denly, under this administration, they about rural America, understands when ago. The lawsuit changes that. The om- are kicking us out. the Federal Government just comes in nibus bill, in spite of what my col- So I don’t know what a year, or 2, or through a process of osmosis and dic- leagues from Montana and Rhode Is- 3, necessarily has to do with it. The tates more and more attention. land have said, was not ever considered point is, it is going to be resolved. If Now, we have not changed this deal. satisfactory; it was only considered to the State loses, it is all over. Last year’s deal eliminates the Dunge- delay more sweeping closures. To sug- Mr. President, let me conclude by ex- ness crab for compensation. It is in the gest that this matter has been debated plaining why it is important for the amendment. The other fisheries inside on this floor is totally inaccurate. It Senate to address this issue. Again, we the bay were proposed to be closed— has not been debated before. This is to should not put people on public assist- and this is what I think he is referring allow the judicial process to be com- ance without a cause. That is what we

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5168 CONGRESSIONAL RECORD—SENATE March 23, 1999 are doing here with these subsistence ermen in Glacier Bay; thus, the com- claims arising from the deaths caused by the dependents. We shouldn’t second-guess promise. The compromise, the agree- accident involving a United States Marine the court. Let the court decide, and ment, is already reached. It has been Corps EA–6B aircraft on February 3, 1998, recognize that there are real people out debated ad nauseam. So I am going to near Cavalese, Italy. (b) DEADLINE FOR EXERCISE OF AUTHOR- there—real constituents of mine and stop right here. ITY.—The Secretary shall make the decision yours—whose lives and livelihoods are I urge the Senate to uphold the origi- to exercise the authority in subsection (a) really at risk, and they are looking to nal agreement, which most Senators not later than 90 days after the date of en- you and me for relief. This is all they already agreed to when they voted for actment of this Act. have. the omnibus appropriations bill last (c) SOURCE OF PAYMENTS.—Notwith- So I implore my colleagues to recog- year. standing any other provision of law, of the nize the legitimacy of this. Mr. MURKOWSKI addressed the amounts appropriated or otherwise made available for the Department of Navy for op- It will be my intention, Mr. Presi- Chair. eration and maintenance for fiscal year 1999 dent, at the appropriate time, to ask The PRESIDING OFFICER. The Sen- or other unexpended balances from prior for the yeas and nays, subject to what- ator from Alaska. years, the Secretary shall make available $40 ever the joint leadership decides to do Mr. MURKOWSKI. Mr. President, I million only for emergency and extraor- about future votes. But I will ask for a urge all of my colleagues to read my dinary expenses associated with the settle- vote on the amendment. amendment and recognize the consider- ment of the claims arising from the accident I thank the Chair. ation that has been made to live by the described in subsection (a). Mr. BAUCUS addressed the Chair. agreement by recognizing that the clo- (d) AMOUNT OF PAYMENT.—The amount of The PRESIDING OFFICER. The Sen- sure of a Dungeness fishery under this the payment under this section in settlement of the claims arising from the death of ator from Montana. section will occur as agreed to, and the any person associated with the accident de- Mr. BAUCUS. Mr. President, I will be balance of the fisheries have never scribed in subsection (a) may not exceed very brief. I don’t know why this issue been addressed on this floor or debated. $2,000,000. needs to go on forever. It is deja vu all I conclude by referring to one re- (e) TREATMENT OF PAYMENTS.—Any amount over again. mark, which my friend made con- paid to a person under this section is in- The Senator from Alaska has admit- cerning this beautiful wilderness and tended to supplement any amount subse- ted that his amendment has the effect the opposition of commercial activity. quently determined to be payable to the per- of preventing the management plan son under section 127 or chapter 163 of title Just look at this cruise ship with near- 10, United States Code, or any other provi- from going into effect for years—5, 10, ly 3,000 people on it, if you want to see sion of law for administrative settlement of who knows how many years—because the commercial activity and compare claims against the United States with re- his amendment essentially says no that to the sensitivity of my subsist- spect to damages arising from the accident funds may be expended by the Sec- ence-dependent Native people whose described in subsection (a). retary of Interior to implement the lives are at risk as a consequence of (f) CONSTRUCTION.—The payment of an plan until such time as the State of not having an opportunity to pursue amount under this section may not be con- Alaska’s legal claim over ownership their traditional resources and their sidered to constitute a statement of legal liability on the part of the United States or and jurisdiction, et cetera, is resolved. appeal to you and me for relief. otherwise as evidence of any material fact in Who knows how long that is going to I have no further statements. I yield any judicial proceeding or investigation aris- take? That could take a long, long the floor. ing from the accident described in subsection time. That would mean for up to many, Mr. ROBB addressed the Chair. (a). many years that this issue remains un- The PRESIDING OFFICER. The Sen- Mr. ROBB. Mr. President, I rise resolved. ator from Virginia. today not only in my capacity as a We resolved this issue in the omnibus Mr. ROBB. Mr. President, I ask unan- U.S. Senator but also as a former U.S. appropriations bill. It was resolved. imous consent that the pending amend- Marine and as a father. The senior Senator from Alaska agreed ment be temporarily laid aside so that Along with Senators SNOWE, LEAHY, with the White House on the com- I may take up an amendment which I FEINSTEIN, KERREY, BINGAMAN, and promise, recognizing, on the one hand, believe has been or will be cleared on others, I am offering an amendment the interests of the national park and both sides. that will permit the United States to the wilderness area and, on the other The PRESIDING OFFICER. Without shoulder unambiguously its responsi- hand, the fishing interests of the peo- objection, it is so ordered. bility, uphold the honor of the U.S. ple who live in and about Glacier Bay. AMENDMENT NO. 131 military, both at home and abroad, and It has already been agreed to. There is (Purpose: To authorize payments in settle- begin to ease the grieving of 20 families a compromise agreed to by both sides— ment of claims for deaths arising from the who lost their loved ones in a tragic ac- the Senator from Alaska, the senior accident involving a United States Marine cident near Cavalese, Italy, last year. Senator, Senator STEVENS, and the Corps A–6 aircraft on February 3, 1998, near On February 3, 1998, a U.S. Marine Cavalese, Italy) White House—in the omnibus appro- Corps EA–6B Prowler was flying low Mr. ROBB. Mr. President, I send an priations bill. It has been agreed to. and fast through the Italian Alps on a amendment to the desk. So here we are now faced with an training mission. Just minutes from its The PRESIDING OFFICER. The amendment which undoes that agree- scheduled return to base, the pilot sud- clerk will report. ment. It very simply undoes that denly caught a glimpse of a yellow gon- The legislative clerk read as follows: agreement by saying no funds may be dola off to his right at eye level. expended with respect to any manage- The Senator from Virginia (Mr. ROBB), for A split second later, he spotted the himself, Ms. SNOWE, Mr. LEAHY, Mr. BINGA- ment plan in Glacier Bay until a law- two cables that carried the gondola, MAN, Mrs. FEINSTEIN, and Mr. KERREY pro- suit, not yet filed, is resolved. I say poses an amendment numbered 131. and, fearing for his life, he put the that we should go ahead with the plan. plane into a dive. His action probably Mr. ROBB. Mr. President, I ask unan- We should go ahead with working out saved the lives of the four-member imous consent that reading of the the provisions of the plan. The State of crew, but it was not enough to prevent amendment be dispensed with. Alaska can still file its lawsuit if it The PRESIDING OFFICER. Without the wingtip from clipping the cables. wants to. And that lawsuit may or may Unaware of the devastation left in objection, it is so ordered. not change the result. his wake, he completed his mission and The amendment is as follows: In addition, I might add, this is a na- returned the damaged plane to Aviano tional park. This is a wilderness area. On page 27, between lines 11 and 12, insert Air Base. the following: This has very pristine values which all SEC. 203. (a) AUTHORITY TO MAKE PAY- The plane’s wing had stretched and Americans want to protect. We do at MENTS.—Subject to the provisions of this sec- then snapped the cables supporting the the same time want to recognize—and tion, the Secretary of Defense is authorized gondola, which was then 307 feet above do recognize—the interests of the fish- to make payments for the settlement of the the valley floor. Inside were 20 people;

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5169 among them, a Polish mother and her and seeks reimbursement of 75% of why the amendment speaks in terms of 14-year-old boy, seven German friends, that claim from the country at fault. supplementing the SOFA, not dis- and five Belgian friends, including an The Department of Defense has in- placing it. The SOFA has worked well engaged couple. formed me of its belief that the SOFA for over forty years and I have no in- I am told that those 20 people had provides the sole remedy in this case tention of disrupting that process with just 8 seconds to live from the time the and that therefore the DoD does not this amendment. cable was struck. Eight seconds doesn’t have the authority to settle the claims But we also need to consider the pur- seem like a long time, unless you know of the families arising from this acci- pose of that process. In 1953, when the you are going to die. dent. Senate Committee on Foreign Rela- [Pause.] While I disagree with that conclu- tions was considering the SOFA, they That was eight seconds. The next day sion, this amendment resolves the wrote that the structure of the claims in Cavalese, Italy, a lone bell tolled. question. My amendment specifically process was ‘‘calculated to reduce to a Shops ‘‘closed for mourning,’’ a memo- grants the Department the authority minimum the friction that almost in- rial mass was planned and skiing was they believe they presently lack, rath- evitably arises from [injuries caused by halted out of respect for the dead. And er than forcing the families to wait to members of a foreign military] against the families of those dead spent their resolve this question in a judicial proc- members of the local population.’’ In first day of grief. ess that could take many years. The this case, however, I believe blind ad- One year later, Cavalese is once amendment allows the Secretary to herence to the perceived requirements again teeming with tourists. The cable settle the claims and sets aside $40 mil- of the SOFA is causing friction with car has been rebuilt, and a memorial lion for that sole purpose. It leaves to our NATO allies, not reducing it. stone erected. the Secretary the discretion to deter- The procedures established in the One year later, however, the United mine an amount of compensation, but SOFA are designed to do justice. In States has not yet acted to accept full limits the Secretary to offering no this case, under these circumstances, responsibility for those twenty deaths. more than $2 million for any single justice is best served by having the Following a lengthy court martial, the claim. Further, it requires the Sec- United States take responsibility for pilot of the jet was acquitted of any retary to move quickly and resolve the the harm we’ve caused. criminal wrongdoing. President Clin- claims within 90 days after enactment Last July, the Senate adopted unani- ton reacted by stating that the United of this legislation. Finally, my amend- mously a Sense of the Senate I offered States would ‘‘unambiguously shoulder ment explicitly avoids interfering with stating that ‘‘the United States, in the responsibility for what happened.’’ the ongoing SOFA process. order to maintain its credibility and We need to follow those words with This is an important point. The honor amongst its allies and all na- deeds. We need to accept our responsi- SOFA allows civil claims to be decided tions of the world, should make prompt bility by compensating the families of in the host country but criminal alle- reparations for an accident clearly the victims, quickly and fairly. While gations to be decided in the country at caused by United States military air- many factors contributed to this acci- fault. This structure protects local craft’’ and that ‘‘without our prompt dent, and we may never know exactly citizens in the host country from hav- action, these families will continue to suffer financial agonies, our credibility which one was the proximate cause, we ing civil claims decided on the ‘‘home in the European community continues do know that it was our fault. They turf’’ of the wrong-doer, while also pro- to suffer, and our own citizens remain were our air crew. It was our plane. tecting our troops from criminal pros- puzzled and angered by our lack of ac- Because there is no question whether ecutions in another nation. Some have countability.’’ the United States is responsible for the suggested that if we adopt this amend- Since last July, each of our pre- accident, the only question is whether ment, we put at risk this entire struc- dictions have sadly been realized. Our we have the will to act honorably and ture of the SOFA. I fail to see the logic allies, especially Italy where we have settle the issue of compensating the of this assertion. I doubt any country strategically important basing agree- families quickly—doing everything we would move to scrap the SOFA and ments, are outraged by our lack of ac- can to not prolong their agony—for begin trying members of our military countability. They feel angry and be- they have already suffered unspeakable in their courts simply because we of- trayed. Americans everywhere cannot grief. fered a supplemental payment to own understand why we don’t act to accept Since last summer, I have repeatedly up to our responsibility for a tragic ac- responsibility for the deaths of these 20 urged the Department of Defense to de- cident. In fact, I believe such an act of people. Editorial writers from the New velop a mechanism that acknowledges acknowledgment would have just the York Times to the San Francisco our responsibility and allows the fami- opposite effect, and reduce the tensions Chronicle, the Cleveland Plain Dealer lies to begin putting their lives back that the acquittal in this case have to the Atlanta Constitution have called together. And I believe every official in created. My belief is based in part on for prompt and adequate compensation the Department associated with this the fact that three of our NATO allies to the families of those who were matter shares this desire to put the who lost citizens in this accident sup- killed. tragedy behind us. Unfortunately, the port this amendment. In fact, the am- Finally, I have met with many of the Department of Defense does not believe bassador from Belgium wrote to me family members. Some have been it has the authority to resolve these that his country ‘‘would welcome each pushed nearly into poverty, having lost claims on its own. initiative that might contribute to a their primary means of financial sup- This belief stems from the Depart- quick settlement of the claims of the port. Last September, I met with three ment’s conclusion that this case is gov- victims’ families. In that spirit, we of the Belgian families, as well as the erned solely by the Status of Forces fully support your proposed amend- Polish doctor who would have been in Agreement, or SOFA, which regulates ment to S. 544, the Emergency Supple- the gondola with his wife and son if he the relationship among the military mental Appropriations Act, and hope had not strained a leg muscle and de- forces of NATO allies. Following an ac- that your proposal will gain the nec- cided not to take the final run of the cident in a host country involving a essary support in the U.S. Senate.’’ He day. Last Thursday, I met with fami- NATO ally, the SOFA requires injured goes on to state his belief that this lies of the German victims. third parties to file claims in the host ‘‘legislative initiative is not incompat- Having met personally with the fami- country and pursue them as if the host ible with the SOFA-procedure.’’ The lies, I can tell you they are not angry country itself had caused the injury. German and Polish governments share with the United States, but they don’t Then, the claims are litigated or set- this view. understand. They are grieving, but tled as the host country determines. I’ve been sensitive to the concerns of they are not greedy. They want ac- Once a level of compensation is de- the Department of Defense regarding countability, but they are not vindic- cided, the host country pays the claim the importance of the SOFA, which is tive. They simply want someone to be

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5170 CONGRESSIONAL RECORD—SENATE March 23, 1999 held responsible for the deaths of their Here is a picture of that new gondola. time, the Italian litigation could end children, their husbands, their wives. Last year, the Congress passed an inconclusively and continue for several That is what my amendment is amendment to help rebuild the gondola years. about—responsibility. It is not about our aircraft destroyed. This year, the Beyond our moral obligation on this money. Compensation is no substitute Congress should pass an amendment to matter, Mr. President, we have strong for the companionship of a lost loved help rebuild the lives of the loved ones legislative precedents for the Robb one. By resolving these cases now, how- our aircraft destroyed. Let us show the amendment. The fiscal year 1999 De- ever, the United States can clearly and world we care as much about loss of fense appropriations bill set aside $20 unambiguously acknowledge its unde- life as we do about loss of property. million for the property damage that niable culpability in the deaths of I urge adoption of my amendment. the military plane caused at the resort. these twenty people, something the The honor of the United States is at In addition, the Senate unanimously families have so far sought without stake. adopted a resolution last summer call- success. I yield the floor. ing for the United States to resolve the In speaking with the families fol- Ms. SNOWE. Mr. President, I rise as claims of the Cavalese victims ‘‘as lowing the first court-martial, I have an enthusiastic co-sponsor of the Robb quickly and fairly as possible.’’ been struck by a single seemingly in- amendment to the fiscal year 1999 Finally, this new funding would re- comprehensible fact regarding its out- emergency supplemental appropria- quire no offsets, and the Congressional come. They were not so much deter- tions bill. Budget Office has certified the Robb amendment as revenue-neutral. mined that the pilot spend his life in By giving the Secretary of Defense Congress, Mr. President, acted wisely the discretionary authority to com- jail. They simply sought closure on the last year in compensating the Italians question of who was responsible for the pensate the families of the 20 victims for the physical damage done at the ski deaths of their loved ones so they could of the tragic Marine Corps aircraft ac- resort. It should take similar action begin to cope with the loss. They also cident near Cavalese, Italy last Winter, today to provide the Defense Depart- wanted the chance, at sentencing if it Congress would close a moral gap be- ment with legal authority for the com- had come to that, to talk about those tween the United States and millions pensation of the families who lost their who had died. I invited them to do that of grieving citizens in our allied coun- loved ones in this tragedy. when I met with them. As they de- tries. I therefore urge all of my colleagues scribed their children, I thought of my The victims of the Cavalese accident to support this amendment on a strong own. Last week, I asked the mother of came from six European countries, and bipartisan basis. one of the victims if she had a picture. the depth of this tragedy has led Sec- The PRESIDING OFFICER. The Sen- She removed the locket from around retary Cohen to appoint a panel under ator from Alaska. her neck, with the photos of her dead the leadership of retired Adm. Joseph Mr. STEVENS. Mr. President, I son and his wife she keeps near her Prueher to determine whether faulty thank the Senator from Virginia for heart. training, mapping, or equipment mal- his courtesy in working with us to try The Belgian families also shared pic- functions contributed to the plane’s to assure that the provisions regarding tures with me last September. I wanted severing of a ski resort cable that led the timeframe for decision by the Sec- to show those to you. Stefan, aged 28, to the 20 innocent deaths. retary were not a mandate but, rather, shown here with his mother; and Depending on the findings of the a period of time within which the dis- Hadewich, aged 24; and Rose-Marie, Prueher Commission, the judgment of cretion conferred on the Secretary also aged 24. In an interview late last Secretary Cohen, and the outcome of must be made. Under the cir- year, Rose-Marie’s father said he drove ongoing U.S. military litigation re- cumstances of the changed form of this by the graveyard every day, and said garding the Cavalese incident, our amendment that the Senator has now hello to his daughter. He explained why amendment gives the Pentagon the presented, one which I find we are all he did this: ‘‘It’s easy. We have lost our flexibility to provide direct cash pay- very sympathetic to, I am prepared daughter, but she is still a little bit ments of up to $2 million per victim to now to accept this amendment and ask alive there. To say hello to her is a way the families of the deceased. that the Senate allow this amendment for me to ease the stress a little bit. Under the Status of Forces Agree- to go forward. And it is also a tribute to her. I say: ment, or SOFA, between the United The PRESIDING OFFICER. Is there Rose-Marie, you gave us so much love States and each of its NATO Allies, we further debate on the amendment? Mr. ROBB. Mr. President, I thank the and joy, I am trying to give it back to have already repaid the $60,000-per-vic- Senator from Alaska for his effort to you as much as possible.’’ tim amount given to the families by resolve this so that we can go forward. Mr. President, I urge my colleagues the Italian Government. In addition, I very much appreciate that. We have to support this amendment and set the administration has agreed to fur- been working with the Department of aside $40 million for these families. To nish up to 75 percent of any wrongful Defense and many others, but I par- put that into some perspective, the death civil suit damages awarded to ticularly appreciate his willingness to plane involved in this accident cost the families by the Italian courts. accept the amendment at this point. some $60 million, and fortunately for But SOFA culpability applies only to I have no additional debate, and I us neither the plane nor the crew were the negligent acts of U.S. military per- yield the floor. lost. sonnel operating on the territory of an Mr. STEVENS. Mr. President, I know In the Defense Appropriations bill allied nation. The agreement does not this part of Italy. I know what the Sen- last year, the Congress set aside $20 apply to reckless activities that occur ator is trying to do. I think there is a million to enable the town to rebuild on U.S. territory but contribute to the national obligation on our part to try its gondola, a project which has cost causes of an accident overseas. to reach out as much as we possibly nearly $18 million to date. In fact, my These possible activities in the can under the circumstances. I urge amendment is modeled after Section Cavalese case, such as reliance on an adoption of the amendment. 8114 of the bill we adopted last year, insufficiently detailed map, a poten- The PRESIDING OFFICER. Is there which set aside the $20 million from tially malfunctioning aircraft altim- further debate on the amendment? the Department of the Navy’s Oper- eter, or inadequate pilot training, re- Without objection, the amendment is ation and Maintenance account to pay main unresolved. But if conclusive agreed to, and the motion to reconsider for ‘‘property damages resulting from findings show that developments on is laid upon the table. the accident.’’ The President has ac- American soil had a relationship with The amendment (No. 131) was agreed knowledged that our willingness to set the tragedy of Cavalese, SOFA would to. aside these funds has helped ‘‘speed the prohibit the United States from offer- AMENDMENT NO. 130 economic recovery process’’ of the ing any further compensation to the Mr. STEVENS. Mr. President, if I town. families of the victims. In the mean- may, in connection with the debate

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5171 that just took place involving my col- vided the Park Service and commercial In short, Mr. President, this amend- league, Senator MURKOWSKI, I would fishing operators with certainty as to ment makes far-reaching policy like to point out the statement that I future fishing operations in the park. If changes in the law that applies to this made on October 21 of last year in con- this current amendment is adopted, particular national park. It is contrary nection with the proposal that was in that certainty, of course, will be dis- to the policy that applies in all other the conference report regarding Glacier rupted. national parks. It is contrary to the ac- Bay commercial fishing. I made this The amendment that is being offered tion we took last year, and it is one statement about matters the way that this year would make major policy which I am constrained to oppose. we finally arranged them in that bill changes in the management of Glacier I hope the Senate will not adopt this and the provision that was passed at Bay. These changes should not be con- amendment as part of the bill. If it is my suggestion. I said: sidered as part of this emergency adopted, I am advised that the Sec- I view this compromise as an insurance spending bill. retary of the Interior will urge the policy, a safety net that offers better protec- As I am sure we all know, Senator President to veto the bill. tion to Glacier Bay’s fishermen than was of- MURKOWSKI is chairman of the appro- Mr. President, I yield the floor, and I fered by the draft Park Service regulations, priate committee to consider this leg- suggest the absence of a quorum. but I do not view it as the end of the story. islation. I serve as the ranking member The PRESIDING OFFICER. The There are provisions that I do not like. of that committee. What we should do clerk will call the roll. For that reason, I have cosponsored is consider this matter in a hearing be- The legislative clerk proceeded to Senator MURKOWSKI’s amendment this fore that committee before bringing it call the roll. year. to the Senate floor. Mr. BAUCUS. Mr. President, I ask I yield the floor. The amendment states that no funds unanimous consent that the order for Mr. BINGAMAN. Mr. President, I may be expended by the Secretary to the quorum call be rescinded. want to speak briefly about the amend- implement closures or other restric- The PRESIDING OFFICER. Without ment that Senator STEVENS just re- tions of subsistence or commercial objection, it is so ordered. ferred to. Senator MURKOWSKI’s amend- fishing or subsistence gathering in Gla- Mr. BAUCUS. Mr. President, I see the ment related to Glacier Bay. Senator cier Bay National Park. This would Senator from Alaska on the floor. I am MURKOWSKI’s amendment would pro- mean that the Park Service would be about to move to table the MURKOWSKI hibit the Secretary of Interior from ex- completely unable to regulate commer- amendment and to give the Senator no- pending any funds to implement clo- cial fishing operations within the park. tice as to when he may or may not sures or other restrictions of subsist- The amendment would appear to want to vote on this. ence or commercial fishing or subsist- override wildlife and resource protec- Mr. STEVENS. Mr. President, will ence gathering within Glacier Bay Na- tions required by other laws, including the Senator withhold that? I under- tional Park. This prohibition would the Endangered Species Act. For exam- stand my colleague would like to re- continue under the language of the ple, fishing is currently prohibited for spond briefly before that motion is four fish species which provide critical amendment. The prohibition would made. If the Senator will accord him food resources for the endangered continue until the State of Alaska’s that courtesy, I will appreciate it. humpback whale. No other park in the claim to jurisdiction over ownership of Mr. BAUCUS. Fine. the submerged lands in Glacier Bay country is prohibited from protecting Mr. NICKLES. Mr. President, in 1995, its resources as this amendment would were resolved, either by a final deter- the Department of Defense agreed to prohibit this park from protecting its mination by the judiciary or by a set- evaluate a British missile, the resources. tlement between the parties. The amendment states that the fund- Starstreak, for use as a helicopter The amendment, as I understand it, ing and enforcement prohibition is to borne air-to-air missile as an induce- would undo a compromise that Senator remain in effect until the claim of ju- ment to the British Ministry of STEVENS entered into last year with risdiction of the State of Alaska claim Defence to choose the U.S. Army Secretary Babbitt. Certainly it was un- ‘‘has been resolved either by a final de- Apache Longbow helicopter as its own derstood by the Secretary of Interior termination of the judiciary or by set- attack helicopter over a competing Eu- as a compromise on last year’s appro- tlement.’’ ropean candidate. The British did in- priation bill. In addition, Senator STE- Last week, the State of Alaska filed deed agree to buy the Apache. VENS has already included an amend- a notice of intent to file a lawsuit, but Increasingly, military helicopters are ment earlier this week in the supple- it should be clear to all here, everyone being outfitted with air-to-air missiles mental appropriation bill which pro- should understand that there has not that increase their lethality, a develop- vides additional money to buy out been a suit filed yet. ment that began with the Russian commercial crabbing operations in The amendment that has been offered HIND helicopter. According to the Glacier Bay. would prohibit the Park Service from Army Air to Air Mission Need State- The issue of regulating commercial taking any actions to protect any of its ment, the proliferation of technology fishing in Glacier Bay is an extremely resources from commercial or subsist- available on the open market will contentious issue. There were attempts ence fishing or from subsistence gath- make it likely that U.S. forces will en- in the last Congress to include an ap- ering for the entire time period that counter threat helicopters, fixed-wing propriations amendment that would this future lawsuit might be litigated. aircraft, lethal unmanned aerial vehi- have prohibited the Park Service from Senator MURKOWSKI is claiming that cles and cruise missiles. The Army be- enforcing restrictions on commercial the amendment simply allows local Na- lieves the probability is increasing that fishing in Glacier Bay National Park. tive communities to gather seagull Army helicopters will encounter an The amendment was strongly opposed eggs from the park. However, unlike airborne threat and recognizes that by the administration. The Secretary some other parks in Alaska, subsist- Army helicopters need an improved of Interior indicated that he would rec- ence is not an authorized use in this air-to-air capability to counter that ommend the President veto the bill if park. If these types of fundamental threat. the amendment was included. I have changes to the Alaska National Inter- This is why the Congress has been di- been informed that the Secretary of In- est Lands Conservation Act are re- recting the Army to fulfill its commit- terior will, if this amendment is inquired, then it should be considered in ment to the British Ministry of cluded in the final version of this bill the normal legislative process. This is Defence and its own air-to-air needs by going to him, again recommend a veto. not simply a Native issue. The amend- conducting an operational test and The provision that was finally agreed ment would allow all Alaskans to col- evaluation of the Starstreak through a upon last year between Secretary Bab- lect plant and wildlife resources in the live fire side-by-side shoot-off of the bitt and the Senator from Alaska, I un- park and with the Park Service unable Starsteak and the Army’s preferred al- derstood, resolved the issue and pro- to regulate any of these activities. ternative, the air-to-air Stinger.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5172 CONGRESSIONAL RECORD—SENATE March 23, 1999 Mr. President, at this time I would formed the Army in writing that the that it was giving Maine $2.1 million to like to engage the chairman and rank- fixes will be made at no expense to the address $80 million in unmet needs as ing member of the Appropriations United States. By the time the Army is reported by FEMA to HUD. Needless to Committee in a colloquy along with ready to conduct actual live firings the say, this amount was wholly unaccept- my colleague from Oklahoma and the Secretary will be able to make all the able, and I have been working with distinguished senior Senator from certifications required by law. HUD to try and address this very seri- Vermont. Mr. LEAHY. So, I ask the Chairman ous situation, which has left Maine un- Mr. INHOFE. I thank my colleague and Ranking Member of the Appropria- able to fully address the costs of the from Oklahoma. He and I have worked tions Committee, is there anything in disaster. together on this issue over the past the law to prevent the Army from re- Mr. BOND. As the Senator and I have several years. We proposed that the Ap- leasing the FY 1999 funds and begin- discussed, I also was dismayed at the propriations Committee address the ning the necessary efforts to conduct treatment Maine and the other North- issue of an operational test and evalua- an operational test and evaluation? east states received—the fact that the tion in its bill and they did so after the Mr. STEVENS. No there is not. money was not provided until six Army failed to comply with report lan- Mr. BYRD. I have been listening to months after the bill was enacted, and guage that was included in the FY 1998 this colloquy. I agree with the Chair- the fact that I have yet to receive an Defense Appropriations Conference Re- man, the Senator from Vermont as acceptable explanation from HUD as to port. To me, it is clear that the Con- well as the distinguished Senator from the funding formula used to allocate gress directed the Army, in bill lan- Oklahoma. the money. The Northeast’s experience guage in Title IV of the FY 1999 De- Mr. LEAHY. I thank the Chairman is one of several reasons why the bill fense Appropriations Act, to begin the and the Ranking Member. before us today transfers the money to development of a test and evaluation TRANSFER OF SUPPLEMENTAL CDBG MONEY FEMA. plan during this fiscal year using the FROM HUD TO FEMA Ms. SNOWE. At one point in Maine $15 million provided in Title IV as well Ms. SNOWE. Mr. President, I rise to more than 80 percent of the people in as to commence work integrating the engage the Senator from Missouri, Mr. the State were without power. In fact, two candidate missiles on an AH–64D BOND, the Chairman of the VA/HUD as Vice President GORE explained it, helicopter; and that the money could Subcommittee, in a colloquy. during a visit to Maine on January 15, be used for no other purpose. Does the Senator BOND and I have been work- 1998 ‘‘We’ve never seen anything like distinguished Chairman agree with me? ing, for over a year now, to see that this. This is like a neutron bomb aimed Mr. STEVENS. I do. Maine and the Northeast have their at the power system.’’ We asked for Mr. LEAHY. As a member of the De- needs from the January 1998 Ice Storm your assistance in obtaining money for fense Appropriations Subcommittee, I which devastated much of New England the CDBG program because it would am familiar with the Congress’ in- and upstate New York addressed. allow States to use the money for util- volvement in this program and the spe- Mr. BOND. The Senator is correct, ity infrastructure costs, Maine’s larg- cific provisions under discussion. The and I know that neither of us thought est unmet need according to both law requires that the Secretary of the we would be here, almost a year later, FEMA, who listed it as first in their Army make certain certifications con- still trying to ensure that adequate February 1998, ‘‘Blueprint for Action’’ cerning the missiles and the program funding was provided to the Northeast, and the Governor. With the transfer of prior to the conduct of the actual test. as we felt we had provided for that in the funding, will FEMA be able to pro- The required certifications must be the FY98 Supplemental. vide funding for a State, like Maine, made at the appropriate time, which is Ms. SNOWE. The Senator from Mis- which wants to use the money to adjust prior to the actual live-firings. I souri has been a real champion for my dress the damage to the utility infra- understand that the requirement for state of Maine in our efforts to ensure structure in order to keep the utility these certifications has caused some that the money this Senate appro- rates—which are already the fourth confusion about what efforts the Army priated went to alleviate some of the highest in the country—from increas- can take during Fiscal Year 1999. I be- costs from the Ice Storm which could ing to cover the storm costs? lieve the law is clear with respect to not be covered by FEMA. Mr. BOND. The language will allow what the Army should be doing. The Mr. BOND. I appreciate the Senator’s FEMA to assess and fund the States Army was directed to commence its ef- kind words. I did a colloquy on the unmet needs, as determined by FEMA forts in Fiscal Year 1999. We believe Senate floor last March on this issue and the State. that such efforts should include, at a with the then junior Senator from New Ms. SNOWE. Again, I wish to thank minimum, development of a test plan York, Mr. D’Amato, outlining the fund- the Senator for his concern and hard and the letting of contracts, using the ing needs of the Northeast. In that col- work to help close this chapter in $15 million provided by the Appropria- loquy we discussed the fact that of the Maine’s Ice Storm Disaster. I look for- tions Committee, to begin the systems $250 million the Senate was appro- ward to continuing to work with you, integration work. Is this the Chair- priating for HUD’s Community Devel- Mr. Chairman, HUD, and FEMA to en- man’s understanding also? opment Block Grant Program (CDBG) , sure that Maine’s disaster needs are fi- Mr. STEVENS. Yes it is. that $60 million was meant for Maine nally addressed. Mr. INHOFE. I am very familiar with and the rest of the Northeast. Mr. MCCAIN. Mr. President, I want this issue and have discussed it at Ms. SNOWE. Of course in the con- to thank the managers of this bill for length with the Army. We expect that ference the final funding figure was their hard work in putting forth this the Secretary of the Army will provide $130 million as the House had only ap- legislation. This measure provides the requisite certifications at the appropriated $20 million. much-needed federal funding for for- propriate time, which is just prior to Mr. BOND. Yes, the figure was small- eign assistance, and recovery from the the actual conduct of the live-fire er, but the fact remained that the Ice recent plague of natural disasters that tests. I know that in the case of Storm, as the first big storm of the have hammered many parts of the Starstreak, the missile contractor year, was the impetus for us to provide United States and its neighboring must make certain modifications at its supplemental funding to the CDBG pro- countries in recent months. own expense in order to make the mis- gram to help Maine and other states Mr. President, I am glad that the Ap- sile compatible for use at air speeds cover the costs of the disaster where propriations Committee decided to re- consistent with the normal operating FEMA wasn’t able to assist. ject the President’s designation of this limits of the Apache helicopter and Ms. SNOWE. The FY98 Supplemental entire disaster supplemental appropria- consistent with the survivability of the was signed into law on May 1. On No- tions bill as ‘‘emergency’’ spending. aircraft. The missile contractor has vember 6, the Department of Housing While the need for relief is clear, I be- briefed these fixes to the Army and in- and Urban Development announced lieve it is important to provide offsets

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5173 for any additional spending so that we OBJECTIONABLE PROVISIONS CONTAINED IN S. $239,000 to be used to repair damage caused avoid dipping into the surplus that is 544—EMERGENCY SUPPLEMENTAL APPRO- by water infiltration at the White River desperately needed to shore up the So- PRIATIONS AND RESCISSIONS FOR RECOVERY High School in White River, South Dakota. An earmark of $750,000 for drug control ac- cial Security system and provide FROM NATURAL DISASTERS AND FOREIGN AS- SISTANCE FOR FISCAL YEAR ENDING SEP- tivities which shall be used specifically for meaningful tax relief to American fam- TEMBER 30, 1999 the State of New Mexico, to include Rio ilies. BILL LANGUAGE Arriba County, Santa Fe County, and San Unfortunately, although well-inten- A $3,880,000 earmark for additional re- Juan County. search, management, and enforcement ac- Earmark of $500,000 for technical assist- tioned, the Committee did not succeed ance related to shoreline erosion at Lake in fully offsetting the costs of this bill. tivities in the Northeast Multispecies fishery, and for acquisition of shoreline data for Tahoe, Nevada. In future years, hundreds of millions of nautical charts. Language for funds for the construction of dollars in spending resulting from this An earmark of $4,000,000 for Forest Service a correctional facility in Barrow, Alaska to bill will eat into future surpluses, construction of a new forestry research facil- be made available to the North Slope Bor- whether we want to account for it or ity at Auburn University, Auburn, Alabama. ough. not. The better course would have been A $2,200,000 earmark to meet sewer infra- The Corps of Engineers is directed to reprogram $800,000 of funds made available in to fully offset all of the new spending structure needs associated with the 2002 Win- ter Olympic Games to Wasatch County, UT, Fiscal Year 1999 to perform the preliminary in this bill, rather than continue the for both water and sewer. work needed to transfer Federal lands to the dangerous practice of profligate ‘‘emer- Earmark of $50,000 for a feasibility study tribes and State of South Dakota and to pro- gency’’ spending. and initial planning and design of an effec- vide tribes within South Dakota with funds tive CD ROM product to the Center for Edu- Speaking of profligate spending, I re- for protecting invaluable Indian cultural cational Technologies in Wheeling, West Vir- sites. gret that I must again come forward ginia. The CD ROM product would com- Language to appropriate $700,000 under the this year to object to the millions of plement the book We the People: The Citizen Agricultural Marketing Act of 1946 and the unrequested, low-priority, wasteful and the Constitution. Consolidated Farm and Rural Development spending in this bill and its accom- REPORT LANGUAGE Act to promote the recovery of the apply in- panying report. This year’s bill origi- Committee language recommending dustry in New England. nally contained $72.25 million in pork- $20,000,000 for farm workers in areas of Cali- An earmark of $2,000,000 for the regional barrel spending. But, as usual, we fornia and Florida impacted by natural dis- applications programs at the University of Northern Iowa. added pork on top of pork through a asters through the Emergency Grants to As- sist Low-Income Migrant and Seasonal Farm $1,000,000 for construction of the Pike’s litany of amendments. To make mat- workers Program. Peak Summit House in Colorado. ters worse, many of these amendments An earmark of $2,000,000 in section 504 of $2,000,000 earmark for the Borough of were adopted without ever being seen the Rural Housing Insurance Fund Program, Ketchikan to participate in a study of the by most Senators. This time around, for very low-income repair loans, and to feasibility and dynamics of manufacturing we added an additional $13 million of meet rural housing needs in Puerto Rico re- veneer products in Southeast Alaska. sulting from Hurricane Georges. Mr. MCCAIN. Mr. President, I also pork-barrel spending to this already $12,612,000 for construction to repair dam- pork-laden spending bill. age due to rain, winds, ice, snow, and other wish to state my objections to a provi- Projections of surpluses into the acts of nature in the Pacific Northwest and sion that creates a $1 billion loan guar- foreseeable future should not lead to an Nevada. antee program to support the domestic $2,000,000 in emergency funding earmarked abandonment of fiscal discipline. CBO steel industry. for the Holocaust Memorial Council. Specifically, this provision provides a now projects a non-social security Language urging FEMA to work to ensure loan guarantee of up to $250 million for budget surplus of over $800 billion over that the City of Kelso, Washington, receives any domestic steel company that ‘‘has the next 10 years, but projections do such assistance as is necessary and appro- experienced layoffs, production losses, not equate to ‘‘real’’ dollars until they priate to compensate homeowners in the fed- or financial losses since the beginning actually materialize. erally-declared disaster area impacted by the Aldercrest landslide. of 1998.’’ The purported reason for this While each individual earmark in An earmark of $20,000,000 for partial site program is to help steel companies suf- this bill may not seem extravagant, and planning for three facilities, one which fering because of a flood of foreign taken together, they represent a seri- shall be located in McDowell, West Virginia, to house non-returnable criminal aliens steel. The measure, however, does not ous diversion of taxpayers’ hard-earned being transferred from the Immigration and require that the losses relate to the so- dollars to low-priority programs. Naturalization Service (INS). called ‘‘steel crisis.’’ The measure also I have compiled a list of the numer- $921,000 earmarked for FY 1999 to fund the fails to set terms, conditions or inter- ous add-ons, earmarks, and special ex- hiring and equipping of 36 additional police est rates for the guarantees. Instead, it officers to staff the security posts estab- leaves these critical decisions to the emptions provided to individual lished to improve security for the Supreme projects in this bill, such as: Court. discretion of the board making the loans. The only guidance given to the Earmark of $50,000 for a feasibility $1,136,000 earmarked for suppression of western spruce budworm on the Yakama In- board is that the terms should be rea- study and initial planning and design dian Reservation. sonable. These provisions are problem- of an effective CD ROM product to the A $1,000,000 earmark for the Bureau of atic and will eventually result in the Center for Educational Technologies in Land Management’s Wyoming and Montana taxpayer guaranteeing bad loans. Wheeling West Virginia. The CD ROM state offices to pay for activities necessary In the mid-sixties, the Economic De- product would complement the book to process applications for Permits to Drill velopment Administration operated a We the People: The Citizen and the (APD) in the Powder River Basin. $5,200,000 for eradication of the Asian similar program. The result of that Constitution. Long-horned Beetle, from the Commodity program was disastrous for the tax- $1,136,000 earmarked for suppression Credit Corporation. $2,500,000 of this payer. Steel companies defaulted on of western spruce budworm on the $5,200,000 is set aside for the Chicago, Illinois area. 77% of the dollar value of their guaran- Yakama Indian Reservation, and Committee report language urging the tees. An analysis of the loan program $1,000,000 for construction of the Forest Service to transfer funds appropriated by the Congressional Research Service Pike’s Peak Summit House in Colo- in the Interior and Related Agencies Appro- concluded that steel loans represent a rado. priations Act of 1999 to Auburn University high level of risk. Nevertheless, we are for construction of a new forestry research. poised today to provide an additional I ask unanimous consent that a list $1 billion in guarantees. of objectionable provisions be printed OBJECTIONABLE PROVISIONS ADDED ON AS AMENDMENTS TO S. 544 I also have to question the need for in the RECORD. AMENDMENT PROVISION LANGUAGE such legislation. In a recent editorial, There being no objection, the list was An earmark of $5,000,000 for emergency re- the Wall Street Journal declared ordered to be printed in the RECORD, as pairs to the Headgate Rock Hydroelectric ‘‘there really is no U.S. steel ‘crisis’.’’ follows: Project in Arizona. They went on to note that several U.S.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5174 CONGRESSIONAL RECORD—SENATE March 23, 1999 companies are posting significant prof- must-pass bill to stop the new rule a royalty based on that value. The its. For example, last year, Nucor from going into effect. value determined by the companies is earned $263 million, USX earned $364 So who benefits from this rider? Big called the posted price and merely re- million and Bethlehem Steel earned Oil. And who loses? The American tax- flects offers by purchasers to buy oil $120 million. payer. from a specific area. It is just an offer Finally, Mr. President I have prob- We had this same debate last Con- to buy and does not represent any ac- lems with how this provision came be- gress. Some of my colleagues will say tual sale of oil. fore the Senate. The creation of a pro- that this delay is necessary to force Now you may be hearing from the oil gram like this on an appropriations bill the Interior Department to listen to companies that this proposed system is is just wrong. The provision places at the oil companies. unfair and that it harms the small risk hundreds of millions of taxpayers’ Mr. President, the Interior Depart- independent producers. The Depart- dollars. The Senate should have the opment has listened. In fact, in response ment of Interior has informed me that portunity to fully consider and debate to pressure from the Big Oil, the Inte- the new regulations will only increase this provision. rior Department has re-opened the royalty payments for 5% of all the Mr. President, again, the amount of comment period on the proposal to— companies. This 5% is not your mom wasteful spending in this bill is less on- once again—see if there is anything and pop operations—this is Shell, Chev- erous than many other bills I have new. ron, Exxon, Texaco, Mobil, Marathon seen. However, I still must object Because of the Interior Department’s and Conoco. This is the large inte- strenuously to the inclusion of $85.5 action, it is unlikely that the Depart- grated companies that trade with their million in pork-barrel spending. We ment will be able to finalize the rule affiliates and have no actual sale of oil. cannot afford pork-barrel spending, before October 1, 1999 despite this rider. You may also hear from my col- even in the amount contained in this The rider is unnecessary and is just an- leagues that the oil companies are bill, because the cumulative effect of other attempt by Congress to bully the hurting. With oil prices the lowest each million wasted is a million dollars Interior Department. they’ve been in decades, how can we in- robbed from the surplus or an addi- The Interior Department has gone crease their royalties? This isn’t about tional million dollars in debt on which through a thoughtful and detailed increasing the royalties, this is about we must pay interest. process to get this rule done. The Inte- the American public getting their fair In the upcoming FY 2000 appropria- rior Department has acted in good share—whatever the value. And with tions season, I look forward to working faith to respond to concerns of the oil the Interior Department’s proposed with my colleagues on the Appropria- industry and members of the Senate— regulations, as oil prices fall, so does tions Committee to ensure that we do meeting with Members of Congress on the royalty. It’s all based on the mar- not waste taxpayers dollars on projects several occasions and reopening the ket. that are low-priority, wasteful, or un- comment period on the rule. So in summation, to guarantee tax- necessary, and that have not been eval- It is now time for the Congress to act payers a fair royalty payment in the uated in the appropriate merit-based in good faith and let the Interior De- future, the Interior Department pro- review process. partment proceed. posed a simple and common sense solu- OIL ROYALTY RIDER ON THE EMERGENCY Mr. President, let me explain how tion: pay royalties based on actual SUPPLEMENTAL royalty payments work. When oil com- market prices, not estimates the oil Mrs. BOXER. Mr. President, I had panies drill on public lands, they pay a companies themselves make up. The planned to offer an amendment to re- royalty to the federal government. new rule was proposed over 3 years ago. peal a special interest rider attached to This royalty is like paying rent. The Since that time, the Department has the Emergency Supplemental Appro- oil companies want to use federal land held 14 public workshops and published priations bill. or offshore tracts, so they pay rent—a 7 separate requests for industry com- This rider prevents the Interior De- percentage of the value of the oil—to ments on this rule—and three more partment from acting to ensure that the federal government to use this public workshops are scheduled in the oil companies pay a fair royalty for oil land. A share of this royalty is given to next month. High level Interior offi- drilled on public lands. My amendment the state, and the remaining money is cials have met with Members of Con- would have stripped that rider—allow- used by the federal government for the gress and industry on several occasions ing the Interior Department to finalize Land and Water Conservation Fund and have made several changes to the their rule so that the taxpayers will re- and the Historic Preservation Fund. regulations to address industry’s con- ceive the millions of dollars they are The oil companies sign an agreement cerns. owed in royalty payments. to pay a fixed percentage of the value At some point the negotiating must I have decided that while I still firm- of the oil they produce on federal stop and the Interior Department must ly believe that this rider should be lands—12.5%. The question is 12.5% of be allowed to move forward with this stripped, because of recent action what? It’s that number that the big oil fair rule. taken by the Interior Department, this companies understate. This rider is outrageous. It saves the amendment would not be timely. How- According to the signed agreement, wealthiest oil companies in the world ever, I would like to assure you that if that number for the value of the oil, millions of dollars while shortchanging I will block any future attempts to fur- ‘‘shall never be less than the fair mar- taxpayers and, in the case of Cali- ther delay this necessary and impor- ket value of the production.’’ But the fornia, our schoolchildren which is tant rulemaking process. oil companies are currently under- where my state’s oil royalty payments Mr. President, this is a very simple stating the value, and as a result, they go. What does this say about our na- issue. underpay their royalties. tion’s priorities? For years, oil companies have been The debate is over how to determine The Interior Department’s proposed cheating the American taxpayers out the true value of oil. Is the true value regulations are fair and they are accu- of millions—if not billions—of dollars. of the oil the value that the oil compa- rate. They are not based on the subjec- The Department of Interior took ac- nies themselves decide? Or is the true tivity of the big oil companies, but are tion to stop the cheating. value of the oil the market price that based on actual market prices. Now, Congress is preventing the Inte- one would pay if they actually pur- It is time that we end this flawed rior Department from stopping the chased a barrel of oil? I agree with the system of calculating royalties and cheating. Interior Department that the oil com- move to an objective, market driven Just as the Interior Department was panies must base their royalty pay- system. The Department of Interior about to finalize a new rule to resolve ments on the market price. has spent much time developing an eq- arguments over royalties, here comes Currently, oil companies themselves uitable system and we should allow it yet another rider on an unrelated determine the value of the oil and pay to move forward.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5175 While I am not offering my amend- gation have been working, for over a ENVIRONMENTAL RIDERS IN THE SUPPLEMENTAL ment this time, I am here to say that year now, to ensure that Maine and the APPROPRIATIONS BILL this cheating must stop and these rid- Northeast have their needs from the Mr. FEINGOLD. Mr. President, I rise ers must stop. Let the Interior Depart- January 1998 Ice Storm which dev- today to express my concerns regard- ment do its job and move forward with astated much of New England and up- ing two troubling sections of S. 544, the these regulations. state New York addressed. Supplemental Appropriations bill. Sec- Mr. President, I ask unanimous con- Mr. BOND. The Senator is correct. It tion 2002 further delays the promulga- sent that a letter from the Secretary of has been almost a year and I know that tion of new regulations governing the the Interior, Bruce Babbit, be printed we are both extremely frustrated that management of hardrock mineral min- in the RECORD. we are still wrestling with using emer- ing operations on federal public lands. There being no objection, the letter gency CDBG funds for appropriations Section 2005 extends the moratorium was ordered to be printed in the needs. on the issuance of new regulations by RECORD, as follows: Ms. COLLINS. You have been a real the Minerals Management Service re- champion for our state of Maine and of garding oil valuation. I hope that all THE SECRETARY OF THE INTERIOR, Washington, March 18, 1999. our efforts to ensure that the money provisions which adversely affect the Hon. BARBARA BOXER, this Senate appropriated went to al- implementation of environmental law, U.S. Senate, Washington, DC. leviate some of the costs from the Ice or change federal environmental pol- DEAR SENATOR BOXER: I am writing to call Storm which could not be covered by icy, will be removed from this legisla- on you and your colleagues to delete from FEMA. tion when it returns to the floor. the Fiscal Year 1999 Emergency Supple- Mr. BOND. I appreciate the Senator’s I want to note, before I describe my mental appropriations legislation the Senate kind words. I did a colloquy on the concerns in detail, that this is not the provision extending the moratorium prohib- Senate floor last March on this issue first time that I have expressed con- iting the Department of the Interior from with the then junior Senator from New cerns regarding legislative riders in ap- issuing a final rulemaking on the royalty valuation of crude oil until October 1, 1999. York, Mr. D’AMATO outlining the fund- propriations legislation that would Prior to a series of congressionally im- ing needs of the Northeast. In this col- have a negative impact on our nation’s posed moratoria, the Department was pre- loquy we outlined the history of the environment. pared to publish a final rule on oil valuation funding including the significant needs Mr. President, for more than two dec- on June 1, 1998. On March 4, 1999, I an- of Maine and New England. ades, we have seen a remarkable bipar- nounced that the Department would reopen In fact, as we both discussed at that tisan consensus on protecting the envi- the comment period for the federal oil valu- time, the Ice Storm, as the first big ronment through effective environ- ation rule. On March 12, 1999, we formally re- storm of the year, was the impetus for mental legislation and regulation. I be- opened the comment period and announced a us to provide supplemental funding to lieve we have a responsibility to the series of public workshops to discuss the rule the CDBG program to help Maine and American people to protect the quality in Houston, Texas, Albuquerque, New Mex- ico, and Washington, D.C. other states cover the costs of the dis- of our public lands and resources. That We are committed to a constructive dia- aster where FEMA wasn’t able to as- responsibility requires that I express logue over the next few weeks as we seek sist. my strong distaste for legislative ef- new ideas that can help move the rule- Ms. COLLINS. For those that did not forts to include proposals in spending making process forward while ensuring that experience it, the devastation this bills that weaken environmental laws the public receives fair value for the produc- storm caused in Maine is hard to imag- or prevent potentially beneficial envi- tion of its resources. Extension of the cur- ine. Thick ice, in some cases up to ten ronmental regulations from being pro- rent moratorium, which ends on June 1, 1999, inches thick, encased virtually every mulgated by the federal agencies that will not be conducive to constructive discus- inch of the state and decimated our carry out federal law. sions. electric infrastructure. As a result of Mr. President, the people of Wis- Any action that further delays implementation of a final rule on oil valuation causes the Herculean efforts of hundreds of consin continue to express their grave losses to the Federal Treasury of about $5.3 utility crews, power was restored to concern that, when riders are placed in million per month. States, which use this Maine after 17 long days. Like other spending bills, major decisions regard- money for education and infrastructure de- Americans who have suffered natural ing environmental protection are being velopment, lose about $200,000 per month. In disasters, Mainers need this assistance made without the benefit of an up or addition, potential delay of the proposed In- to recover from the costs incurred from down vote. dian oil valuation rule could cost Indian the devastating blow nature dealt us. Wisconsinites have a very strong be- tribes and individual Indian mineral owners Mr. BOND. As the Senator and I have lief that Congress has a responsibility about $300,000 per month. discussed, I remain very concerned by to discuss and publicly debate matters We urge you to delete the moratorium proposal and allow the rulemaking process to HUD’s treatment of Maine and the affecting the environment. We should proceed. The process we have set in motion other Northeast states, especially the be on record with regard to our posi- will ensure full and open consideration of all fact that initial funding was not pro- tion on this matter of open government new ideas for resolving the concerns that vided until six months after last year’s and environmental stewardship. have been raised and will lead to a solution supplemental bill was enacted, and the Mr. President, I have particular con- that best meets the interests of the Amer- fact that I have yet to receive an ac- cerns regarding Section 2002. I think ican public. ceptable explanation from HUD as to this rider is another attempt to move As you are aware, the Statement of Ad- the funding formula used to allocate us away from implementing new min- ministration Policy on the Emergency Sup- the money. The Northeast’s experience ing regulations. This is the third time, plemental states that the President’s senior in as many years, that a rider has been advisers would recommend that he veto the is one of several reasons why the bill legislation if it is presented with currently before us today transfers the money to put forward on this matter. The rider, included offsets and objectionable riders. FEMA. as drafted, would delay the regulatory Thank you for your continued involvement Ms. COLLINS. It is my sincere hope process for at least an additional 120 in this issue. that FEMA will expedite this process days beyond the final rider compromise Sincerely, and provide to Maine the assistance it language in the Omnibus bill which BRUCE BABBITT. has been promised by the current Ad- passed in October 1999. The Omnibus TRANSFER OF SUPPLEMENTAL CDBG MONEY ministration and has been in need of language says that the regulations can FROM HUD TO FEMA for over one year. I wish to thank the not be issued before September 30, 1999. Ms. COLLINS. Mr. President, I rise Senator from Missouri for his con- There is no basis for arguing that the today to engage the Senator from Mis- tinuing efforts on behalf of the people Interior Department would not have souri, Mr. BOND, the Chairman of the of Maine. He has truly been a champion time to review the on-going National VA/HUD Subcommittee, in a colloquy. in this long process, and his coopera- Academy of Sciences study on this Senator BOND, you and I and the tion is greatly appreciated by the peo- topic, which the Omnibus language re- other members of the Northeast dele- ple of Maine. quired to be completed by July 31, 1999.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.000 S23MR9 5176 CONGRESSIONAL RECORD—SENATE March 23, 1999 The ‘‘3809’’ mining regulations, as crop disaster program enacted by Con- still troubled by the reluctance of some they are called, are the environmental gress last Fall. I also wish to thank farmers to invest in that minimal rules that govern hardrock mining on Senator HARKIN for his interest in this amount. Had a farmer made that sim- publicly owned lands. issue. ple investment in recent years, the The Federal Land Policy and Man- Mr. KOHL. I thank the Senator for amendment by the Senator from Ala- agement Act of 1976 directs the Sec- his remarks and would like to engage bama would not be necessary. retary of the Interior to ‘‘take any ac- him and other Senators in a discussion I am also concerned, as is Senator tion necessary, by regulation or other- regarding the purpose of the Senator’s KOHL, about the effect this amendment wise, to prevent unnecessary or undue amendment and the overall policy con- may have on administration of the degradation on the federal lands.’’ The siderations attached to it. When Con- pending farm disaster program. Sec- regulations in question are the Bureau gress enacted farm disaster legislation retary Glickman came under criticism of Land Management’s promulgated in last Fall, we recognized the dire cir- lately when he announced that pay- response to the requirements of this cumstances of farmers from both nat- ments to farmers would not begin until federal law. ural and economic conditions. Not only this summer. I admonish my colleagues The Emergency Supplemental Appro- did that legislation recognize the prob- that we must take no action that priations bill mining rider blocks the lems farmers faced in 1998, but it also would exacerbate that problem. Farm- issuance of the final 3809 regulations dealt with problems farmers have had ers in Iowa, in Wisconsin, and in Ala- certainly through the end of the fiscal over the past several years. From a bama all need assistance sooner rather year. The language further blocks the policy perspective, it is well recognized than later. Administration from spending funds to that a sound, reliable risk management Mr. KOHL. I agree with the remarks seek public input on its new draft regu- program, which includes crop insur- by my friend from Iowa and I would lations until after the National Acad- ance, needs to be established to avoid like to further note that farmers in emy of Sciences issues its on-going the inherently unfair and unpredict- Wisconsin are equally in need of assist- study examining the adequacy of the able ad hoc disaster programs of years ance immediately. As we approach con- existing patchwork of fedeal and state past. ference, I hope to stay in close contact mining rules, as I mentioned earlier. The amendment by the Senator from with all interested Senators to ensure The rules are important, Mr. Presi- Alabama recognizes that crop insur- that nothing is done to overwhelm the dent, and so is the need to update ance is available to farmers through Department’s administration of the them. Mining technologies, according both federally reinsured policies and disaster program by imposing a new se- to the Interior Department, have out- policies based solely by private compa- ries of control and verification require- grown existing safeguards. The original nies. His amendment modifies language ments. We want to be responsive to all regulations, released in 1981, have included in last year’s omnibus appro- Senators’ interests, but we know farm- never been revised. Since that time, priations bill regarding the require- ers are looking for a responsive, and the mining industry has widely adopt- ment that the Secretary not discrimi- timely disaster program. As some have ed new extraction technologies which nate or penalize producers who have noted, many farmers believe we are raise environmental questions and con- taken out crop insurance by stating past the period of a proper and timely cerns. One such technique, which the requirement applies to both feder- response. caused grave concern two years ago in ally reinsured policies and those of- Mr. COCHRAN. I join my colleagues my state when it was proposed for use fered solely by private companies. We in approving the amendment by the on private lands in the Upper Penin- all recognize the difficult times facing Senator from Alabama and agree that sula of Michigan, was the use of sul- farmers and we want to see all farmers we must proceed in a fair manner that furic acid mining. treated fairly and equally. will not disrupt the delivery of disaster In addition, Mr. President, existing It is equally important that we do payments to farmers. There is need for regulations also need to allow the BLM not take steps that inadvertently un- immediate and necessary relief from to balance the fact that multiple ac- dermine our overall objectives for both natural and economic losses. I will con- tivities take place on lands before per- long-term farm policy and immediate tinue to work with the Senator from mitting new mines. In determining administration of the pending disaster Alabama and my colleagues from Wis- whether a proposed mine is appro- payments. In accepting the amendment consin and Iowa in order to address the priate, BLM is not permitted to take by the Senator from Alabama, we hope concerns they have raised. into account other land uses that to continue a dialogue with him and Mr. SESSIONS. Again, I thank the would be displaced by mining. other Senators as we approach con- Senators.∑ Finally, I believe that existing regu- ference to ensure the amendment is in Mr. President, I suggest the absence lations don’t do enough to require the best interest of farmers. of a quorum. meaningful cleanup. Currently there is Mr. HARKIN. I also want to thank The PRESIDING OFFICER. The no requirement to restore mined lands the Senator from Alabama for his re- clerk will call the roll. to pre-mining conditions and they marks and I want to associate myself The legislative clerk proceeded to leave taxpayers paying for the mining with the remarks by my friend from call the roll. industry’s mistakes. To address this Wisconsin. It is clearly our objective to Mr. INHOFE. Mr. President, I ask issue, I recently introduced legislation make the administration of farm pro- unanimous consent that the order for to repeal the percentage depletion al- gram as fair as possible, recognizing the quorum call be rescinded. lowance for mining on public lands and the geographical differences of agri- The PRESIDING OFFICER. Without I set aside a portion of the increased culture in America. objection, it is so ordered. revenue to be used to create an Aban- Senator KOHL is correct in his obser- Mr. INHOFE. Mr. President, I ask doned Mine Reclamation fund. Any vation that farmers need and deserve a unanimous consent that I be recog- clean-up fund, however, needs good reliable risk management program nized to speak as in morning business. clean-up standards to put it to use. that will not be tied to the political The PRESIDING OFFICER. Without In conclusion, I think that continued winds of any given year. For that rea- objection, it is so ordered. delay of these regulations is indefen- son, we must do all we can to improve f sible, and certainly inappropriate as and promote the availability of crop part of a supplemental bill. insurance products to farmers across THE KOSOVO QUAGMIRE CROP INSURANCE REQUIREMENTS the country. I point out to my col- Mr. INHOFE. Mr. President, it seems ∑ Mr. SESSIONS. I wish to thank Sen- leagues that farmers could have pur- we are about to go to war with Yugo- ator COCHRAN and Senator KOHL for chased federal catastrophic coverage slavia. Our stated purpose is to stop agreeing to my amendment to provide for a cost of fifty dollars to cover an the humanitarian disaster there caused fairness to the administration of the entire crop. That is a bargain and I am by a civil war. If we do not act, we are

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5177 told, innocent people will be killed, civil war, with no clearly defined mili- military through its budget, finding will be wounded, will be displaced from tary objective, no assurance of success, ourselves only half the size we were in their homes. Indeed, over 2,000 have al- no exit strategy and great, great risk 1991. ready been killed in the Kosovo civil to our pilots and men and women in Right now, we don’t have the capac- war in just the last year. Many more uniform. ity. We have to depend on Guard and have been uprooted. There are serious We know that the Yugoslav leader, Reserves, and in doing this we don’t problems there. No one disputes that. Mr. Milosevic, is a bad guy. No one dis- have the critical MOSs. You can’t ex- My question is, Where is the vital putes that. But are we absolutely sure pect doctors in the Guard to be de- U.S. national interest? that there are some good guys, too? ployed for 270 days and maintain their The National Defense Council Foun- Are there any good guys in the fight practice, so we now have ourselves dation recently reported that there are that stretches back over 500 years? faced with a problem, a serious prob- at least 60 conflicts going on in the When I was in Kosovo recently, I was lem, and that is we cannot carry out world involving humanitarian suffering horrified as I was going through the the national military strategy, which of one kind or another. There are 30 main road—Kosovo is only 75 miles is to be able to defend America on two wars being waged—civil wars, guerrilla wide and 75 miles long, and there is one regional fronts. We don’t have the ca- wars, major terrorist campaigns. Many road going all the way through it. I was pacity to do it. If we could do it on are driven by ethnic quarrels and reli- only able to see two dead people at the nearly simultaneous fronts within 45 gious disputes which have raged for time. They turned them over and both days between each conflict, then we go decades, if not for centuries. of them were Serbs. They had been exe- up from low-medium risk to a medium- Just consider a partial list from re- cuted at pointblank range. And they high risk, which is translated in lives cent years: 800,000 to 1 million people were Serbs, not Kosovars, not Alba- of Americans. have been brutally murdered in Rwan- nians. So the national interest here is Going into Kosovo for an unlimited da alone; tens of thousands killed in not at all clear. duration at who knows what cost, who civil wars in Sudan, Algeria and An- Let me quote Dr. Henry Kissinger, knows the amount of risk, the risk will gola; thousands killed in civil war in the former Secretary of State and Na- be higher. Ethiopia; in January, 140 civilians tional Security Adviser. In an op-ed I chair the readiness subcommittee of killed by paramilitary squads in Co- piece in the Washington Post on Feb- the Senate Armed Services Committee, lombia; including 27 worshipers slain ruary 24, Kissinger said he was opposed Mr. President, and I can tell you right during a village church service. to U.S. military involvement in now that we are in the same situation Why is there no outcry for these mil- Kosovo. He is not unaware of the hu- we were in in the late 1970s with the lions of people who are being brutally manitarian concerns that the Presi- hollow force. We can’t afford to dilute murdered in other places in the world, dent and others talk about. Here are our military strength anymore. And but we are all concerned about the hu- just a few of the highlights of what he that is not even mentioning the imme- manitarian problems in Kosovo? said: diate risk to our forces that they will I have to say this, and I know it is The proposed deployment in Kosovo does face in Yugoslavia where the Serbs very unpopular to say it, but I am not deal with any threat to American secu- have sophisticated Russian-made air going to quote a guy whose name is rity as traditionally conceived. defense and thousands of well-trained Roger Wilkins. He is a professor of his- Kosovo is no more a threat to America and equipped troops motivated to fight tory and American culture at George than Haiti was to Europe. and die for their country. If Kosovo, why not East Africa or Central In recent testimony before the Sen- Mason University: Asia? I think it is pretty clear. U.S. foreign pol- We must take care not to stretch ourselves ate Armed Services Committee, some icy is geared to the European-American sen- too thin in the face of far less ambiguous of our top military leaders were very sibility which takes the lives of white people threats in the Middle East and Northeast frank about what they expected for any much more seriously than the lives of people Asia. U.S. military operation in Kosovo. who aren’t white. Each incremental deployment into the Air Force Chief of Staff General Let me read a couple paragraphs Balkans is bound to weaken our ability to Ryan said, ‘‘There stands a very good from an article in the Minneapolis-St. deal with Saddam Hussein and North Korea. chance that we will lose aircraft Paul Star Tribune on January 31, 1999: I think this is very, very significant, against Yugoslavian air defense.’’ But no one mobilized on behalf of perhaps the last two points. Navy Chief of Staff, Admiral John- 500 people who were shot, hacked and burned First of all, I have asked the Chair- son, said, ‘‘We must be prepared to to death in a village in eastern Congo, in man of the Joint Chiefs of Staff, I have take losses.’’ central Africa, around the same time. No asked the Chiefs, I have asked the Marine Commandant, General outrage was expressed on behalf of many CINCs, the commanders in chief, this Krulak, said it will be ‘‘tremendously other innocents who had the misfortune to question: If we have to send troops into dangerous.’’ be slain just off the world’s stage over the Kosovo—keep in mind that people may past few weeks. And then George Tenet, the Director Why do 45 white Europeans rate an all-out lie to you and say this is going to be an of Central Intelligence, said this is not response while several hundred black Afri- airstrike. Anybody who knows any- Bosnia we are talking about, this is cans are barely worth notice? thing about military strategy and war- Kosovo where they are not tired, they And this is all in that same time- fare knows you can’t do it all from the are not worn out, and they are ready to frame. air. You have to ultimately send in fight and kill Americans. Further quoting the Minneapolis-St. ground troops. So we are talking about So we are faced with that serious Paul Star Tribune: sending in ground troops. That is in a problem, Mr. President. We should not theater where the logistics support for under any circumstances go into While U.S. officials struggled to provide an answer, analysts said the uneven U.S. re- ground troops is handled out of the 21st Kosovo. Our vital security interests are sponses to a spurt of violence in the past TACOM in Germany. I was over in the not at stake, where we don’t have a month illuminates not just an immoral or 21st TACOM. Right now, they are at 110 clear military objective or an exit perhaps racist foreign policy, but one that percent capacity just supporting Bos- strategy, or where our policy doesn’t fails on pragmatic and strategic grounds as nia. They don’t have any more capac- fit into any coherent broader foreign well. ity. The commander in chief there said, policy vision. So now the President wants us to if we send ground troops into Iraq or So let me go back to my opening send the U.S. military into Kosovo, not Kosovo, we are going to be 100 percent statement. Since we have no national to enforce a peace agreement—we do dependent upon Guard and Reserve to security risks at stake, there must be not have a peace agreement, as we were support those troops. And look what another reason for our involvement. It told 2 weeks ago—but to inject our- has happened to the Guard and Reserve is not humanitarian because of the fol- selves into the middle of an ongoing now because of the decimation of our lowing:

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5178 CONGRESSIONAL RECORD—SENATE March 23, 1999 800,000 to 1 million killed in ethnic sition. I understand and I have great Some of our colleagues say they will strife in Rwanda; respect for many of our colleagues who vote for airstrikes but they won’t vote tens of thousands killed in civil wars are supportive. I have joined with col- for ground forces. The Secretary of in Sudan, Algeria, and Angola; leagues who went to the White House State says we are going to bomb them thousands killed in civil war in Ethi- on Friday and also earlier today to until they agree to sign up to a peace opia; talk to the President and hear his side agreement, a peace agreement that in January, 140 civilians killed by of the issue. He tried to make a very calls for stationing 28,000 international paramilitary squads in Colombia, in- strong case for airstrikes and for mili- troops into Kosovo. cluding 27 worshipers slain during a tary intervention. He didn’t convince I just disagree. I don’t think you can village church service. me. I respect his opinion. I just happen bomb a country into submitting to a Why is there no outcry for U.S. in- to disagree with him. peace agreement. That is more than co- volvement in these obvious humani- Time and time again I ask, If we are ercion, and I don’t think you get real tarian situations? going to war, why are we going to war? peace by coercing somebody. Maybe ca- ‘‘I think it’s pretty clear,’’ said Make no mistake, if we conduct air- joling people, maybe a little leverage Roger Wilkins, professor of history and strikes against Serbia, we are going to here and there, but to say we will bomb American culture at George Mason war. I don’t think we should do that your country until you sign a peace University. ‘‘U.S. foreign policy is lightly. agreement is probably very short- geared to the European-American sen- I tell my colleagues, the resolution sighted and not real peace, and to sta- sibility which takes the lives of white that we are voting on, in my opinion, is tion the 28,000 troops into hostile terri- people much more seriously than the a very important resolution. It is prob- tory I think would be a very serious lives of people who aren’t white.’’ ably one of the most important votes mistake. Anyone who supports our sending we will conduct, certainly this session I have heard the President’s argu- American troops into Kosovo must be of Congress. Maybe Members will look ments. I haven’t made the argument aware this will come back and haunt back over their Senate career and it this is not in our national interest, but them. Mr. President, I suggest the ab- may be one of the most important I will say there is—I started to say a sence of a quorum. votes Members will cast in their Sen- civil war is going on in Kosovo, but it The PRESIDING OFFICER (Mr. ate career. is not even to the point of a civil war. SMITH of Oregon). The clerk will call I urge my colleagues to vote no on There is certainly an armed conflict. the roll. this resolution. That means I think There is guerrilla warfare going on. The legislative clerk proceeded to that we are making a mistake by con- There has been sniping going on. There call the roll. ducting a bombing campaign in Serbia. have been people killed on both sides. I Mr. NICKLES. Mr. President, I ask A bombing campaign will also lead to think that is unfortunate, but it has unanimous consent that the order for ground campaigns. A lot of people have been happening. But this is not the the quorum call be rescinded. the false assumption that if we have only civil conflict that is going on The PRESIDING OFFICER. Without airstrikes, that is it. Many times there around the world. Yet in this conflict, objection, it is so ordered. has been a tendency by this adminis- Mr. NICKLES. Mr. President, for the we will take sides. Maybe if you de- tration—and maybe previous adminis- information of our colleagues, the ma- clare it is a civil war going on, a total trations as well—that we can do things jority leader will soon be coming over civil war going on in Kosovo—why by air and that will do it. should we be taking sides? Should we to make a unanimous consent request We had an air campaign, we had mili- concerning the vote on a resolution be the air force for the KLA, the tary strikes in the air against Iraq in Kosovo Liberation Army? Should we be dealing with Kosovo. I have been in- December—I believe December 18, 19, volved in the negotiations of the reso- trying to help them fulfill their goals? and 20. It was a significant military op- Their goal is not autonomy; their lution. I might read it for my col- eration. Why? Because we wanted to goal is independence. They were some- leagues, for the information of my col- get the arms control inspectors back what reluctant to sign on to the France leagues, and then I am going to state into Iraq. We bombed them like crazy. so-called peace agreement because they my opposition to it. But for the infor- Guess what. We don’t have any arms didn’t want autonomy; they wanted mation of all of our colleagues, it is control inspectors in Iraq today, so air independence. They will never be satis- our hope and our expectation we would didn’t do it. Saddam Hussein is now fied until they have independence. The have a vote on this resolution in the able to build weapons of mass destruc- French peace accords say we will insert not too distant future, possibly as tion. The air campaign didn’t change this peacekeeping force of 28,000 troops early as 6 or 6:30 or 7 o’clock. So I his policies one iota. for 3 years, we will have autonomy at wanted my colleagues to be aware of What about in Serbia? The whole that time, and then we are somewhat that. purpose of this—I will read from yes- Mr. President, this resolution au- silent on what happens at the end of 3 terday’s New York Times, an interview years. If anyone has talked to the KLA, thorizes the President of the United with Madeleine Albright, Secretary of States to conduct military air oper- they know that the KLA wants inde- State, pendence. Should we be intervening to ations and missile strikes against the Two days after President Clinton warned Federal Republic of Yugoslavia, Serbia, the extent of taking that side? that the Serbs had gone beyond ‘‘the thresh- Some of my colleagues say if Serbia and Montenegro. old’’ of violence in their southern province, The resolution reads, is really massing and having military Secretary of State Madeleine K. Albright actions against the KLA, instead of us Resolved by the Senate and House of Rep- said she was sending Mr. Holbrooke to resentatives of the United States of America and present Mr. Milosevic with a ‘‘stark choice.’’ just bombing, why don’t we just give Congress assembled, That the President of the That choice, she said, was for him to agree them some support? Why don’t we give United States is authorized to conduct military to the settlement signed in Paris last week them some munitions and help them air operations and missile strikes in cooperation by the ethnic Albanians . . . or face NATO defend themselves? It is similar to the with our NATO allies against the Federal Re- air strikes. argument many of us made in Bosnia: public of Yugoslavia, Serbia and Montenegro. In other words, if the Serbs don’t sign Instead of sending troops, we wanted to It is very simple. It is very short. on to the agreement that was nego- take the arms embargo off and allow There are not a long list of tiated in France, they are going to face them to defend themselves. Senator ‘‘whereases,’’ not a lot of confusion. It airstrikes. In other words, we are going Dole stood on the floor many times and says we authorize the President of the to be attacking a foreign country be- said let’s allow them to defend them- United States to conduct airstrikes cause they refused to allow an inter- selves. against Serbia. national force to be stationed in their Some people made that same argu- I oppose this resolution. I will take a country. That is what the Paris agreement today, dealing with the Kosovars. couple of minutes to explain my oppo- ment is. The problem is, the peace agreement

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5179 that has been negotiated says we will ago when Secretary of State Albright may be including the Albanians in disarm the KLA. I think the chances of and Secretary of Defense Cohen briefed Macedonia. So you have a greater Al- that happening are slim, if non- a few of us on the Paris negotiations, bania which would be very desta- existent. They will hide the arms. We or the negotiations in France. They ba- bilizing, certainly, toward the Greeks will not be successful in disarming, nor sically said: We are trying to get both and maybe other European allies. So do I really think that we should. We sides to sign; we think maybe the the peace accord says we don’t want will be very much involved in a civil Kosovars will sign, but the Serbs and independence for Kosovo, we just want war. We are taking the side of the Mr. Milosevic are not inclined to. But autonomy. Kosovars. Many of the Kosovars are if we can get the Kosovars to sign, we Former Secretary of State Kissinger great people and I love them and some will bomb the Serbs until they do sign. says maybe that makes it more dan- are very peace loving, but there are I left there thinking, you have to be gerous and maybe violence would be es- some people on the other side, on the kidding. That is their policy? I want calated in that process. Instead of KLA side, who have assassinated and peace. I want peace as much as Presi- being a stabilizing factor, it may be an murdered as well. dent Clinton. I want peace as much as escalating factor. That is not just me I have serious, serious reservations Secretary Albright, throughout Yugo- saying that. That is Henry Kissinger about getting involved in a civil war. I slavia, but I don’t think by initiating and other people I respect a great deal have very strong reservations about bombing we will bring about peace. I saying that, also. the ability to be able to bomb some- am afraid, instead of increasing sta- I am glad we are going to be voting body to the peace table and making bility, it might increase violence. on this resolution. We are going to them agree to a peace agreement that There might be adverse reactions have this vote—at least that is our ex- they were not a signatory to. that this administration hasn’t pectation. I know the leader is going to I am reminded by some of our friends thought about. Instead of bringing propound a request before too long. It and colleagues that this is a continu- about stability, it may well be that the is important that we vote on this. It ation of President Bush’s policy. As a Serbian forces are going to move more would be easy for this Senator, or any matter of fact, in December of 1992 aggressively. In the last 24 hours, it other Senator, to say we are never President Bush—and he was a lame looks like that may be the case. So in- going to vote on this; we can stop this, duck President at the time—issued a stead of convincing Mr. Milosevic to and frankly, if you stop it long enough, very stern warning to Mr. Milosevic: If take the Serbs out of Kosovo, they may maybe the President will be bombing and then you can say, hey, it doesn’t he made a military move in Kosovo, be moving in more aggressively. It make any difference, he already start- there would be significant and serious looks as if that is happening now. In- ed bombing. I think that would be a consequences. Mr. Milosevic rightfully stead of dissuading him from oppres- mistake. We ought to have an up-or- respected President Bush, and he didn’t sion on the Kosovars, he may be more down vote. Is this the right thing to do make that move. I supported President oppressive, more aggressive, and he or not? may run more people away from their Bush in making that statement. I So I urge my colleagues to support think he was right in doing so. homes and burn more villages. Instead the leader in his efforts to come to an However, there is a big difference be- of bringing stability, it may be bring- agreement on a vote on this resolution. tween that statement and saying we ing instability, and it may be forcing, I, for one—I say ‘‘for one’’ because even will move militarily if he moves ag- as a result of this bombing, Mr. though I am assistant majority leader, gressively against the Kosovars. There Milosevic—instead of his response I have not asked one colleague to vote is a big difference between that and being to move back into greater Serbia one way or another on this resolution. saying we will bomb you until you and away from Kosovo, he may be more Some issues are too important to play agree to a peace agreement, and part of assertive and aggressive and he may partisan politics on. I am not playing that peace agreement is stationing want to strike out against the United partisan politics. I refuse to do so. 28,000 troops in Kosovo. There is a big States. If airplanes are flying, he might These are tough votes. difference. I hope our colleagues will find that is unsuccessful. I hope he has I remember the vote we had on the understand that difference. That is one no success against our pilots and our Persian Gulf war in 1991, authorizing of the reasons I am vigorously opposed planes, but if he is not successful the use of force. We already had 550,000 to this resolution. I don’t think you against our planes, what can he be suc- troops stationed in the Persian Gulf can bomb a sovereign nation into sub- cessful against? Maybe the KLA, or ready to fulfill our obligations as out- mission of a peace agreement. maybe he would be more aggressive in lined by President Bush to remove Sad- Let me mention a couple of other res- striking out where he can have results dam Hussein and the Iraqis from Ku- ervations that I have. Somebody said, on the ground. wait. We had a good debate on the What about the credibility of NATO? So by initiating the bombing, instead floor. It wasn’t easy. It was a close de- NATO, for 50 years, has helped sustain of bringing stability, we may be bring- bate and a close vote—52–47. I thought peace and stability throughout Europe. ing instability. We may be igniting a it was a good vote the way it turned It has been a great alliance. That is tinderbox that has been very, very ex- out. true. NATO has been a great alliance. plosive for a long time. I hope that I am going to vote against this reso- It has been a defensive alliance. NATO doesn’t happen, but I can easily see lution because I think it is a mistake. has never taken military action how it could happen. I have heard my Maybe I am wrong, and if bombing against a non-NATO member when colleague, Senator INHOFE, allude to commences, I hope and pray that every other NATO countries weren’t threat- the fact that former Secretary of State single pilot will be returned safely, and ened. Now we are breaking new ground Henry Kissinger alluded to that. that there will be peace and harmony and we are moving into areas which I I will read this one sentence: ‘‘The and stability throughout Kosovo. But I believe greatly expand NATO’s mission threatening escalation sketched by the am concerned that we are making a far beyond the defensive alliance that President to Macedonia, Greece and mistake. I don’t believe you can bomb it was created under. Turkey are, in the long run, more like- a country into submission and force Another reservation I have: The Con- ly to result from the emergence of a them into a peace agreement that they stitution says that Congress shall de- Kosovo State.’’ Well, the President, in determine is against their interest. I clare war; it doesn’t say the President this so-called peace accord, is sup- don’t think you can bomb a country can initiate war. The President started porting autonomy for Kosovo. I have and say we are going to bomb you until at least consulting Congress on Friday. already stated that the Kosovo Libera- you agree to have stationed 28,000 He also consulted with Congress today, tion Army doesn’t want autonomy, troops in your homeland. And this is Tuesday. We understand that war is they want independence. If they are an Serbian homeland, and if you go back imminent. I don’t consider that con- independent state, many people see centuries, fighting has been going on in sultation. I remember about 4 weeks that usually aligned with Albania and this country for centuries.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5180 CONGRESSIONAL RECORD—SENATE March 23, 1999 One other comment. Somebody said, Forces, you ought to go after the is not a way that we would even settle ‘‘What about the atrocities?’’ I am con- cause, are we failing to do that in this the civil war taking place in Kosovo cerned about the atrocities, but we case? Here, as far as I can determine today. have to look at what is in our national from what I hear from the administra- I hope my colleagues will vote with interest. There were 96 people killed in tion, our goals are as follows: me and will reject this resolution of Borneo last weekend. In Turkey, some- We hope by the use of our Armed authorization. thing like 37,000 Kurds have lost their Forces to be permitted to send ground Several Senators addressed the lives. They want independence. The troops to Kosovo for a period of a min- Chair. Kurds in Iraq want independence; they imum of 3 years to enforce a peace that The PRESIDING OFFICER. The Sen- want their own homeland. What about neither side in this civil war wishes. ator from Delaware. in Sudan where there have been over a We will be there to enforce an auton- Mr. BIDEN. Mr. President, I get con- million lives lost? What about Burundi, omy for the Kosovars. That is not their fused by this because I think the anal- where 200,000 lives have been lost. Or ultimate goal, that ultimate goal being yses, although clearly heartfelt and Rwanda, where 700,000 lives have been independence. searching, are totally out of propor- lost? Is there the slightest chance that tion. This is Europe, not Asia. This is a We have to be very careful. We had a this will be a peaceable, casualty-free, place where we fought two world wars, Civil War in this country 130-some 3-year occupation, at the end of which, where we got involved in the cir- years ago, and 600,000 Americans lost having settled all of the problems of cumstances based upon the legitimate their lives. I am glad we didn’t have the Kosovars, we will come home? That concern of the spread of communism. foreign powers intervene in our Civil certainly has not happened in Bosnia, This is part of an industrialized world, War. I think that would have been a even after all sides were totally ex- not where we were in Vietnam. This is mistake. I am afraid that we are mak- hausted by a civil war. not a Tonkin Gulf Resolution, which ing a mistake by intervening in the Those goals of being allowed to oc- was clearly open ended. This is closed war now going on in Kosovo. I hope cupy Kosovo and enforce an autonomy ended. This is the circumstance. I find this resolution that we are getting that neither side wants are not goals it fascinating—all these bad lessons we ready to vote on is not agreed to. I justifying or warranting our American learned. What is the bad lesson we urge colleagues to vote no on the reso- military involvement. They are not learned in Bosnia? We stopped blood- lution. goals involving the vital security inter- shed. We have 7,300 troops there. We I yield the floor. ests of the United States. In fact, if have had as many as 365,000 troops in Mr. GORTON addressed the Chair. simply stopping a slaughter is a pri- Europe to preserve stability and de- The PRESIDING OFFICER. The Sen- mary goal—and I believe that it is— mocracy in Europe for the past 54 ator from Washington. there are far greater slaughters taking years. We have 100,000 troops in Europe Mr. GORTON. Mr. President, the place in Sudan, in several countries in right now. We have 100,000 troops who Senate is about to be presented with a Africa, and in a number of other places sit there. resolution authorizing the President of around the world in which there has If, in fact, it is a bad idea, and it is the United States to intervene in a been no request on the part of the ad- an open-ended commitment to keep civil war in the Republic of Yugo- ministration to intervene. No, Mr. troops in Bosnia, to keep the peace slavia—one of many civil wars taking President. This is an intervention that with not a single American life having place around the world, in which one is highly unwise, highly unlikely to be been lost, without the destabilization dominant group is repressing, killing, successful, and not worth the invest- of the region, without Croatia and Ser- and displacing a minority group within ment of our money and lives, if it is bia being at war, without a flood of ref- their borders. successful, with the intermediate goals ugees into Germany and into the rest Mr. President, the cause of this civil that the administration uses to justify of the area—if that is a bad idea—then war is Mr. Milosevic, the dictator of it. we shouldn’t even have anybody in all Serbia and of the Yugoslav Republic. Mr. President, this Senate Gulf of of Europe. This is about stability in But nowhere in any of the administra- Tonkin Resolution, this Senate first Europe. tion’s stated goals justifying this inter- step into getting into a situation, the The idea of comparing this to Soma- vention is included the removal of Mr. consequences of which we simply can- lia—a life in Somalia is equally as val- Milosevic from his position of power. not envisage, and getting into it per- uable as a life in Kosovo. But the loss The goal is neither a stated nor an haps with less justification than there of a life in Somalia and the loss of a unstated goal. Therefore, we are about was in Vietnam in the midst of a cold life in Kosovo have totally different to engage in a civil war in which we do war, getting into it to involve our- consequences, in a Machiavellian not go after the cause of the war. selves in a civil war that for all prac- sense, for the United States interests. Just a few years ago, the last occa- tical purposes has already gone on for If there is chaos in Europe, we have a sion on which we debated authorizing 600 years, is not—I repeat, not—going problem. We are a European power. If, the President of the United States to to be settled by the United States of as a consequence of this, there is a engage the Armed Forces of our coun- America in its intervention in a period flood of refugees into any of the sur- try far from the borders of the United of 2 or 3 years antiseptically cost free rounding—let’s take Albania. Albania States, in Iraq, after its invasion of Ku- and casualty free. has a Greek population that is a minor- wait, we made the determination, and With my colleague from Oklahoma, I ity population, where there is already a after successfully removing the symp- believe it more than appropriate that problem. If radicalized Albanian tom, the invasion and occupation of we should be debating this resolution Kosovars are thrown out of Kosovo into Kuwait, that we would not remove the here tonight. I believe it more than ap- Albania radicalizing that society—because—Saddam Hussein. As a con- propriate that we should vote yes or no cause, by the way, when they burn sequence of not going after the cause, on whether or not we agree with the down your home, when they kill your we have been involved in either a cold President. That President has finally mother, when they kneel your child on or a hot war with Iraq ever since, at grudgingly sent us a letter not asking the ground and put a gun to the back of great cost in money to the United for our authorization but for our sup- his head and blow it off, it tends to States, and at a considerable cost to port. This is an authorization. It is an radicalize you. It tends to have that our support for that cause around the authorization that the Senate of the impact. We are talking about 400,000 to world. United States, in its wisdom, should re- 800,000 refugees. What happens if, in Mr. President, once burned, twice ject out of hand. This is not a matter fact, the flood of refugees goes rolling shot. Why, having learned during the for the use of the Armed Forces of the into Macedonia, where you have two- war and its aftermath with Iraq that if United States. This is not a matter de- thirds of the population that is Slav, you are going to use your Armed manded by our national security. This one-third Albanian? Just play out that

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5181 little scenario for me. What happens in I remind everybody, by the way, in 1989 ers, there be a resolution to authorize that region? and 1990 their rights were taken away. the use of force. I will not take the time of the Senate Their autonomy was stripped. During But the argument I would make is, to go through the litany of why this that first 7-year period, there was a although you can argue it made sense clearly is in our interest. But at least policy of nonviolence on the part of the to do what we did, it is a different rea- let’s agree that this isn’t anything like Kosovars led by a doctor named son why we moved; a different reason Vietnam in terms of our interests—like Rugova. And what happened was what why it occurred; a different reason why Africa, or like a whole lot of other some of us predicted: By failing to stop it was necessary. It seems to me, com- places. We have an alliance called any of the actions of Milosevic and the paring what we did in the gulf, com- NATO. All 19 members of NATO are in ultranationalists in Serbia, one thing paring that to what we do here either agreement that this is necessary. All of was bound to happen. Maybe it is be- for purposes of justifying action here Europe is united. All of Europe is cause I am Irish I understand it. I or not justifying action here, is an in- united in that we have no choice but to watched it. We watched it historically appropriate analogy. It stands on its deal with this genocidal maniac. for 80 years in Ireland. That is, when own. It either made sense or it didn’t With regard to this notion of a peace peaceful means fail and people con- make sense. It turns out it made sense agreement that this is designed—my tinue to be cleansed, denied their civil to move in the gulf and I argue it friend from the State of Washington, I rights and their civil liberties, denied makes sense for us to take this action respectfully suggest, misstated the ob- the ability to work, denied the ability now in the Balkans. jectives of the administration. The ob- to worship, denied the ability to speak So, if I can conclude so my friend jectives of the administration are the their language, they become from Kentucky, who has been seeking objectives of the rest of Europe—all 19 radicalized. So all of a sudden Rugova the floor, can get the floor, Senator other nations as well as the contact found himself odd man out, as the KLA NICKLES started off a few moments ago group, I might add—and the objectives gained credibility and momentum, ba- pointing out that seven of us, assigned are these: To stop the genocide, stop sically saying: You are not getting it by the leadership, met to see whether the ethnic cleansing, stop the routing, done for us so we are going to use the we could work out a compromise reso- stop the elimination of entire villages violent means. lution. Senator NICKLES pointed out in Kosovo, to have some guarantee What do we think is going to happen that the resolution that we agreed to that the civil rights, civil liberties, life if we walk away? The objective is to move with, assuming the procedural and liberty of the people living in that stop the oppression of men, women and circumstances allowed it to be done, region, 2 million people, are somewhat children who are a minority in Serbia, was one that was a straight-up author- secure. but make up the majority in Kosovo; ization for the use of airpower in con- Why do we do that? Beyond the hu- to say it will stop. The only way it will junction with NATO against Serbia and manitarian reasons, why we do that is, stop is one of two: Either Mr. Milosevic Mr. Milosevic. That was the language we know what happens if it spins out of is denied the means to continue his op- as to how to proceed that was agreed kilter. We know what the downside is if pression, or he comes to the table, to. the entire area is engulfed in this agrees to stop it, and allows inter- Senator NICKLES indicated he would chaos. We also know from experience national forces in there to guarantee vote against that, notwithstanding the what happened in Bosnia. When we that he will stop it. fact that he helped craft what the lan- acted, when we put ourselves on the That is what this is about. You may guage would be. And that makes sense, line, when we demonstrated that we not think that is a worthwhile goal. I by the way. He was trying to figure out would not allow it to ‘‘happen’’ again, understand that. I understand that. what is the best, simplest, most it worked. But this is not about the desire to send straightforward way to get an up-or- My friends say it isn’t working in troops. It is about the desire to keep down vote on what the President wants Bosnia, because, if we move through, that part of the world from spinning to do. all of a sudden everything will fly out of control. I see two of my col- In the meantime, the President has apart. leagues wish to speak so I will cease sent us a letter asking for legislation That was the case in most of Europe with the following comment. to be able to do this. He has asked us for 30 years. If we removed the troops Mr. STEVENS. Will the Senator whether or not we would support the in Europe in 1954, or 1958, the concern yield to me for just a question? use of airpower in conjunction with was all of Germany would go. The con- Mr. BIDEN. I sure will. NATO. I think we should get, at the ap- cern was all of Europe would go. So we Mr. STEVENS. I am constrained to propriate point, an up-or-down vote on held out. We decided that democracy go back to the time when we had the that. I understand my friend from tends to bring stability. I, for the life Persian Gulf crisis and we had Iraq in Alaska may have an amendment to of me, do not understand why you can Kuwait, threatening to go into Saudi that resolution, if it ever comes up just cut out an entire—I wish I had a Arabia. What is the difference between freestanding, dealing with a prohibi- map here—segment of Europe and say that situation, where it actually had tion of ground troops, but we should it can be in flames and chaos, and it taken place, and this threat the Sen- get to the business of dealing with that has no impact on us; it will have no im- ator is describing in Serbia and in which we are getting at now. I hope pact on the alliance; it will have no im- Kosovo now? through the leadership of the majority pact on our national security. That I Mr. BIDEN. There is a big difference. leader we can somehow clear the decks do not understand. The difference is it is in the center of and get to a vote on the resolution. I do agree that this is not an easy Europe, No. 1. No. 2, if Europe in fact Mr. WARNER. Mr. President, if the choice. I do agree that to know exactly becomes destabilized, we are deeply in- Senator will yield? what to do is debatable, legitimately volved in matters far beyond what is Mr. BIDEN. I will be happy to yield debatable. But I do not agree that the existing now. the floor. purpose of the administration is, as I acknowledge to my friend, though, Mr. WARNER. Mr. President, I was stated, to hope to be permitted to what was at stake in the Middle East worked with the Senator from Dela- send ground troops. was oil, was economic security, and ware and others you mentioned. You The only reason why the proposal was a lot of other things at the time. used the phrase, ‘‘we agreed to it.’’ Yes, that was put forward by 19 NATO na- So it is, in fact, a legitimate point to the group of six or seven did, but it was tions in Europe was put forward was make that that was a critical vote. I a recommendation to our respective not because we want to put in ground voted against that involvement—I am leadership. troops. It was because we wanted a sure the next point my friend was Mr. BIDEN. That is correct. commitment that the genocide and going to make. I voted against that in- Mr. WARNER. I have, since that ethnic cleansing in Kosovo would stop. volvement. I insisted, along with oth- time, worked with Senator LOTT and

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5182 CONGRESSIONAL RECORD—SENATE March 23, 1999 we pretty well, I think, have this thing Mr. STEVENS. I see Senator not—whether or not—we agree or dis- ready to be presented to the Senate. As BROWNBACK. Does he wish to speak on agree. you mentioned, our distinguished col- this subject? In 1991, President Bush came to the league from Alaska has possibly some Mr. BROWNBACK. Mr. President, I House and to the Senate and asked for thoughts on it that have not been com- would like to speak on Kosovo about 7 specific resolutions to go to war to depleted yet—that are to be incor- minutes. fend Kuwait against Iraqi invasion. It porated—but I want to be sure nothing Mr. STEVENS. I see that Senator was a major vote to go to war in the has been agreed to. It is just a rec- WARNER’s hand is up. House. It was a very narrow vote in the ommendation to the leadership. Our Does the Senator intend to speak Senate. I think by five votes they group did, I think, a very fine job in also? voted to support President Bush. consolidating the thoughts of a number Mr. WARNER. Mr. President, I in- I read on the Internet today what of us who have been working on this tend to address the remarks of my two was supposed to be a private briefing for several days. I am hopeful we can colleagues. I am a cosponsor, with Sen- that we all had at lunch by the Sec- bring it up very shortly. ator BIDEN, and I have some very defi- retary of Defense and by the head of I know the Senator is looking for one nite statements to make. the Joint Chiefs of Staff. That private Senator who was a part of that group Mr. STEVENS. Mr. President, with personal briefing was totally on the to give his blessing to certain phrase- due deference to my friend from Vir- Internet this afternoon. ology. ginia, that matter is not pending be- Let me tell my colleagues what it Mr. BIDEN. Mr. President, I appre- fore the Senate and the supplemental said so everybody in the United States ciate the intervention by the Senator is. I wonder if the Senators would agree can understand exactly what is going from Virginia. He is absolutely correct. to some time limit so we can tell Mem- to happen. There will be two different Let me be even more precise. Seven of bers when we will get back to the bill. types of airstrikes. There will be a pre- us agreed on the vehicle that we rec- Mr. WARNER. Mr. President, we liminary airstrike—and this is on the ommend to the leadership that we want to accommodate the distin- Internet; all you have to do is look it should be voting on. We agreed to that guished chairman. It is important that up—two kinds of airstrikes to force language. I came back with one of my this colloquy ensues. The distinguished Belgrade into accepting NATO ground Democratic colleagues, Senator LEVIN, Senator from Kentucky is in opposi- troops. spoke with the minority leader, and in- tion to me. I presume my colleague The first strike would be a dem- dicated that this is what we had agreed likewise is in opposition to the Senator onstration strike by air- and sea- to. He indicated he thought that was from Virginia. launched cruise missiles to soften up an appropriate vehicle, appropriate Mr. STEVENS. Mr. President, I ask Milosevic to know that we are really way to proceed and I might add, some unanimous consent that these Senators serious about this. Then there would be of the Senators in the room, although have 30 minutes to continue this dis- a pause to give the Serbian leadership they agreed to the language, I want to cussion and at that time we return to a chance to realize that we are serious. make clear, were not agreeing to the the pending business. If the Serbs do not comply, there would substance of the language. They agreed The PRESIDING OFFICER. Is there be a second wave of strikes that would that this is an appropriate test vote. objection? be targeted to air defense and missile This is an appropriate vote to deter- Mr. BROWNBACK. Reserving the installations by the same type of mili- mine whether or not the Senate agrees right to object, Mr. President, could we tary hardware. In fact, 55 percent, or a or disagrees with the President. Sev- establish a discussion order? little less, of all of the airstrikes done eral of them—one of them at least— Mr. STEVENS. He has 10 minutes. will be 70 percent by U.S. hardware said, ‘‘I will not vote for it’’; two of Mr. WARNER. Mr. President, I would and, if we use aircraft, 54 percent of it them said, ‘‘I will not vote for it but I like to have the opportunity to, on oc- exactly will be by U.S. aircraft. agree this is how we should decide the casion, interject, have a colloquy with This is in the middle of Europe. This issue.’’ both of you, not to exceed 10 minutes. is not at our borders in Mexico or Can- I understand that the majority leader Mr. BROWNBACK. I agree to 10 min- ada. has to make a judgment as to what ve- utes, as will the Senator from Ken- Mr. DOMENICI. May we have order, hicle we use, when we use it, how we tucky. Mr. President? will use it, but I hope we can get an up- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- or-down vote on some direct vote. objection, it is so ordered. The Senator ate will be in order. Mr. WARNER. Mr. President, the from Kentucky is recognized. Mr. BUNNING. The second wave Senator is correct. I think very shortly Mr. BUNNING. Mr. President, this would be to take down the missile de- we will have a document to present to resolution which is about to come be- fenses. the Senate. fore the Senate will be something we Let me give you a little background. Mr. BIDEN. Mr. President, I thank should have voted on maybe 2 weeks In 1991, we had a briefing in the House the Senator. ago. Unfortunately, we are voting on it of Representatives by Dick Cheney, Mr. BUNNING addressed the Chair. under an extreme timeframe, and I who was Secretary of Defense, and by The PRESIDING OFFICER. The Sen- think that is unfortunate for all of us. Colin Powell, who was the head of the ator from Kentucky. If there are negotiations that have Joint Chiefs. They both said the same Mr. STEVENS. Mr. President, will really gone on, it has been one-sided. thing: The worst thing we can do is to the Senator yield? The Serbs have never sat down and send ground troops into Bosnia and Mr. BUNNING. I am more than happy really negotiated in good faith with Kosovo or any of that area, because of to yield. anyone. Only because they were asked the logistics, because of the terrain, be- Mr. STEVENS. Mr. President, I to show up at the table, they showed up cause of the weather. One of the things would like to have some parameter on for a short time and left immediately. that they also said was that airstrikes these discussions so that we might get Now the debate has shifted and is not would be very questionable. The reason back to the bill and finish it this about peacekeeping, not about deploy- they were going to be questionable was evening. Could I inquire of the Senator ing peacekeepers anymore; it is about that the sophistication of the missile from Kentucky how long he intends to going to war with a foreign govern- defenses and of the air defenses of the speak? ment. NATO, the United Nations, have Serbs was much better than many Mr. BUNNING. Not very long, Mr. never gone to war in a civil war situa- other places. The terrain is much more President. tion. That is what we are about to do, difficult. Mr. STEVENS. More than 10 min- and we have been consulted to the What we are doing is wrong. What utes? point of being told exactly what the the President asked us to do at the 11th Mr. BUNNING. No. President intends to do, whether or hour is wrong. We should not be going

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5183 into an independent nation’s civil war a number of strong arguments ques- Have we been sufficiently brought and imposing our will, no matter what tioning whether or not we should start along and engaged and had discussions the situation is. this bombing campaign at this point in on these items that we can have such Now, the Senator from Oklahoma time. basic questions and not even know the brought up many other places we could Let me say categorically, I am con- answers to them? We have been told be intervening that we could save more cerned about the carnage that is tak- there is going to be a bombing cam- lives—many places in Africa. If we ex- ing place in Kosovo and in Europe and paign, maybe several ways of bombing. pend the same amount of dollars like the number of people who are displaced What if Mr. Milosevic does not blink at we are going to expend in Kosovo, we that the newspapers put at 45,000, the that point in time and says, ‘‘OK, we could save many more lives. This at- number of people who have been killed, are going to support some kind of au- tack is premeditated and the Congress and the possibility of refugees in the tonomy in Kosovo’’? What then? What is an afterthought. They want us to surrounding area. is the plan at that point in time? Are agree to it after they have already de- Let me also say that if our troops are we engaging ground troops not in a cided to go. engaged and are starting to bomb or peacekeeping but aggressive fashion? I This is a great institution, the Sen- are put there, I will support the troops. do not think people will support that. ate. I have come to love it in a very If they go to battle, I will support After Kosovo, is it Montenegro next short time. These debates should be be- them. But this action at this point in where we will be going in and sup- fore the fact, not after the administra- time seems to me to be ill-advised. If porting, supplying people who want a tion has already made up their mind to the Senate has not been properly con- separatist movement, if that were to bomb. The same is true about sending sulted, the American people have not happen in that region of the former been properly consulted and brought ground troops. Yugoslavia? What next? And what is along, and we should back up and I want to ask President Clinton these the full plan? rethink what we are about to do in this questions: What vital American secu- We just do not have the answers to rity interests are at stake? What is the area. We are making an act of war against a sovereign nation, with likely these questions, and we are about to long-term strategy for the region? Not take an act against a sovereign nation only do we bomb one wave and a second loss of U.S. life, and neither the Senate nor this Nation has been adequately that is likely to result in the loss of wave, and a third request is to send in U.S. lives. 4,000 additional men and women from consulted. The Senator from Delaware pre- Now is the time to debate and discuss the United States in ground troops. viously spoke and talked about the ob- and to back up and slow down on this, What is the long-term strategy for the jective is to stop oppression that is oc- have the administration engage the region? How do we get in and how do curring. I am supportive of stopping American public, engage the Congress we get out? How long will the troops be oppression, but if we are looking at opin answering the simple questions that deployed? What is their mission? pression, that occurs a number of my colleagues have put forward. Now is What is the mission they are sup- places around the world. the time to do that. posed to accomplish? If we want to stop oppression, I have I ask the President, please, let’s have Will we be forced to deploy more a better suggestion. Let’s engage in the that sort of discussion on those sorts of ground troops if the 4,000 are not suffi- Sudan, not with troops, not with bomb- specifics with the American public be- cient? ing, but let’s support the southern Su- fore we move in to what I think could Will foreign commanders be com- danese. They have 4 million people dis- be a very ill-fated, ill-timed, and inap- manding our troops under NATO? placed at the present time. Two million propriate action at this point in time What are the rules of engagement? have had a loss of life, and there you by the United States. How will the mission be paid for? have a government in Khartoum that Mr. President, I yield the floor. What valuable dollars will be taken is supporting terrorism in the sur- away from military readiness accounts The PRESIDING OFFICER. The Sen- rounding region in Uganda, Eritrea, ator from Virginia is recognized. to pay for this? and Congo, that is expanding, that is a What is our exit strategy? Mr. WARNER. Mr. President, I thank militant fundamentalist regime that the Chair. President Clinton, you have not an- seeks to do us harm. There you have a swered these questions. You have not It is my hope to engage, through vital strategic United States interest. some questioning, my colleagues. The come before the Congress of the United If we want to stop oppression, let’s distinguished Senator from Kentucky States and asked for our help. I think supply and support the southern Suda- left. I did not want an impression left it is essential that you do so before you nese. If that is what the objective is, with the Senate that nothing has been send one American into harm’s way then let’s do something there where we done on the complicated issues of when you have not proven the need to can help save more lives, help more Kosovo as related to Bosnia, as related do it. people, and also a vital and strategic to the region. I yield the floor. U.S. interest. Mr. WARNER addressed the Chair. I do not see us doing that. The situa- The Armed Services Committee has The PRESIDING OFFICER. The Sen- tion taking place in Europe is a sad sit- had a series of hearings, a series of ator from Kansas. uation, but one where I really question briefings. The distinguished chairman Mr. WARNER. Mr. President, I won- whether we should put forth the loss of of the Appropriations Committee der if I might use my 5 minutes and en- U.S. lives which is contemplated at knows of an amendment that the bill gage the Senator in a colloquy and this point in time. contained last year by Senator ROB- then yield the floor. Perhaps this can be explained over ERTS which outlined considerable work Mr. BROWNBACK. Mr. President, I some period of time. Perhaps the ad- in this area. So I believe the Senate have to preside at 6. ministration can engage the American has addressed this issue off and on for Mr. WARNER. At some point, we public and the Congress to get that some time. have to have some rebuttal to the kind of support. But I cannot give that The Armed Services Committee last strong arguments on this side. I yield at this point in time on the basis of the week, when we had all four of the Serv- to the Senator. information I have to date. ice Chiefs up, we asked each one spe- Mr. BROWNBACK. Mr. President, I Plus, what is the plan? The Senator cifically, regarding the risk of this op- thank the Senator from Virginia very from Kentucky just asked a number of eration, what opposition they were much. I am sorry to assert myself at very simple and very basic questions. going to meet in terms of air defense this point, but I have to preside short- Here is a Member of the Senate asking alone, and they replied it was signifi- ly. these sorts of simple and basic ques- cant, it was multiples of two or three Mr. President, I think the Senate and tions, saying, ‘‘I don’t know the an- of what had been experienced in Bos- the American people, hopefully, heard swers to these things.’’ Nor do I. nia, which is being experienced almost

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5184 CONGRESSIONAL RECORD—SENATE March 23, 1999 every day in Iraq. We have had a con- could he not trust the Senate and the for months—as it got worse they siderable deliberation, I think, in var- House to ask us whether we concur? threatened and then pulled the ious areas of the Senate. This is, of Let me say, Mr. President—not the threat—to ask the Senate, as George course, the first action. President who occupies the Chair, but Bush did, and get concurrence. And if It is my hope that very shortly, with our President down on Pennsylvania we did not concur, wouldn’t it be a the concurrence of the two leaders, Mr. Avenue—with your last budget, we will pretty good signal that we do not think LOTT and Mr. DASCHLE, we can send to have spent $12.3 billion in Bosnia—$12.3 it is right? What is wrong with that? the desk a relatively short resolution billion. There was not even enough As I understand it, there will be an which will provide Senators with a money in the defense budget. At one amendment, there will be a proposal, clear up-or-down vote. I will just read a point we had to declare it an emer- freestanding perhaps, asking that we draft. It as yet has not been finally ap- gency, after 3 years of being involved, concur with the President of the proved. It is submitted by Mr. BIDEN, to pay for it, because to pay for it United States in airstrikes. I am not myself, Mr. WARNER, Mr. LEVIN, Mr. would have stripped our military of going to vote for it, because I do not BYRD, and Mr. MCCONNELL. Those are other things that they desperately think that is the end of it. the sponsors to date. need to be our strong military force. I ask one simple question: Is this not It reads: What are we up to? We are going to a declaration of war without asking us, Concurrent resolution—Authorizing the take up the budget on the floor, and I who, under the Constitution, were President of the United States to conduct predict that if we authorize, or do not given authority to declare war? Isn’t it military air operations and missile strikes authorize the President, he is going to an invasion of a sovereign country by a against the Federal Republic of Yugoslavia do it anyway. And there will be Sen- military that is more than half Amer- (Serbia and Montenegro). ators from the other side of the aisle ican? I believe it is. You can make all Resolved by the Senate . . . kinds of rationalizations that it is not That the President of the United States is who will stand up and want to take money out of the Defense Department an invasion, but it is. Is it not a civil authorized to conduct military air oper- war? Yes, it is. Is it not a civil war of ations and missile strikes in cooperation to spend on domestic programs. But with our NATO allies against the Federal they will vote here tonight to send our long lasting? It did not start last week. Republic of Yugoslavia (Serbia and Monte- men and women off to this war and These people have been at civil war negro). claim they will never go in there. for God knows how long. And they are going to be there after the airstrikes That clarity was achieved by a group But let me tell you, this is a very, unless there is a large contingent of of six of us. The distinguished majority very unintelligible plan. You cannot soldiers to keep the peace. Is that what whip, Mr. NICKLES, sort of had the un- rationally accept the President’s rea- we are going to do? Are we going to official job of presiding over the group. soning unless you conclude that they have soldiers in there under the third He made it clear from the beginning do not want to tell you where it is phase or the fourth phase? What if they his opposition to this, but, neverthe- going to end up. It does not take a lot just do not agree to a peace treaty less, I think we succeeded in devising of sense to say airstrike No. 1 may not after all these bombs? Do we walk work, airstrike No. 2 may not work. We what the Senate desired, and hope will away? I do not believe we will. From have been told by military experts be concurred in, in terms of bringing it my standpoint, we never should have years ago that airstrikes would not up for further debate of this resolution. gone in. I yield the floor. work in this area of the world. So, Mr. President, I believe the Presi- So what then happens? That is the Mr. DOMENICI. Mr. President, are dent of the United States, once again, we under some time agreement? extent of our plan? Who believes that? has waited so long that he has us right The PRESIDING OFFICER (Mr. I ask those who believe in the great in a spot. He does it all the time. He BROWNBACK). The time agreements United States of America, with its has us in the spot that a terrible trag- have expired. President leading the way, who sent edy is going to occur unless we agree Mr. DOMENICI. Thirty minutes has the bombers in, sent in the stealth with him in the next 24 hours, or per- expired? fighters, sent in the Tomahawk mis- haps he even thinks unless you have al- The PRESIDING OFFICER. The 30 siles—and the big leader who has ready agreed with me today. But who minutes has expired. caused all the trouble is not dead yet knows, the Tomahawks may be flying Mr. DOMENICI. May I have 3 min- and will not quit, what are we going to tonight. At this point it is dark over utes? I ask unanimous consent that I do? there. And that is when they will start. have 3 minutes. I asked the question already of the Everybody knows that. The PRESIDING OFFICER. There is leaders representing the President, and So I say to the President of the no time limit now. The Senator can they say there is no plan. Wait a United States, since you like us to con- speak as he wishes. minute. No plan? Well, NATO may sider your prerogatives under the U.S. Mr. DOMENICI. Then I will speak to have a plan, but America does not have Constitution—and we do it all the my heart’s content. a plan for the third phase, which is time—why don’t you consider ours? Mr. STEVENS. No. No. No. probably putting military men and Why don’t you ask us? And why don’t Mr. DOMENICI. I say to the Senator, women in harm’s way. you wait until we give you an answer? you don’t think that should be the What is NATO without America? That seems fair to me. What we are case? Who knows. My heart’s content They have just described, NATO with- doing is not fair to the Congress. And if may be only 3 or 4 minutes on this out America in these airstrikes prob- it isn’t fair to us, it is not fair to our issue. ably could not get the job done. The people. Mr. President, I believe under the whole of NATO without us probably I yield the floor. guise of the Constitution, which gives would not undertake it. So do you be- Mr. WARNER. Would the Senator the President, as Commander in Chief, lieve the third phase, which we do not yield for a moment of colloquy here? some very, very strong powers over want to talk about, is going to get Mr. DOMENICI. Sure. what he does, where he places, and done without America, if there is a Mr. WARNER. A group of us met this what he asks our military to do, that third phase? morning with the President. We had a we are beginning now, in this Presi- And will there be a third phase? I do very thorough exchange of views. Sen- dent’s administration, to go down the not know. I have a hunch that phase 1, ator BYRD raised the issue of the Presi- slippery path that the President can of airstrikes from a distance through dent asking the Senate. I followed Sen- engage our military almost anywhere, Tomahawk missiles, and phase 2, with ator BYRD and repeated the question. any time, so long as it pleases him and actual airplanes of one sort or another, And he said orally: ‘‘Yes, I do want the he decides it is in our national interest. may not work. I would think it would support of the Senate, indeed, the Con- I say, shame on the President. If this be fair for the President of the United gress.’’ And he has now sent a letter to is such an important matter, why States, since we have been at this issue the leadership of the Congress.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5185 Mr. DOMENICI. What does it say? the respect that we hold for him, and the chairman of the Appropria- Mr. WARNER. I say to the Senator, I should stand on the floor of the Senate tions Committee as to how we are com- will be happy to read it. and say that anyone who votes that we ing on the supplemental emergency ap- DEAR MR. LEADER: I appreciate the oppor- should not go in there will not be in propriations bill. tunity to consult closely with the Congress support of the military people who hap- The PRESIDING OFFICER. The Sen- regarding events in Kosovo. pen to go in there because the Presi- ator from Alaska is recognized. The United States’ national interests are clear and significant. The ongoing effort by dent prevailed. Mr. STEVENS. I think the Senator President Milosevic to attack and repress As a matter of fact, most of the Sen- from New Mexico still has the floor. the people of Kosovo could ignite a wider Eu- ators who have supported the military Mr. DOMENICI. I will use only 1 ropean war with dangerous consequences to of the United States to the highest ex- minute. the United States. This is a conflict with no tent over the years will probably be Let me say, I had no reluctance to natural boundaries. If it continues it will voting against sending them in, but ask the distinguished chairman of the push refugees across borders and draw in will be right there supporting them, Armed Services Committee to read the neighboring countries. NATO has authorized air strikes against and the Senator knows that and they President’s letter. Without having seen the Former Yugoslavia to prevent a humani- should know that. it, I know it would not contain words tarian catastrophe and to address the threat I do my share in my little role as a saying ‘‘and if you do not vote in sup- to peace and security in the Balkan region budgeteer to see that the military gets port I will not send them in.’’ It merely and Europe. Mr. Milosevic should not doubt sufficient money, and I will do that said, ‘‘I sure would like to have you our resolve. Therefore, without regard to our again this year. I hope you all come joining me.’’ differing views on the Constitution about the President Bush didn’t do that. He use of force, I ask for your legislative sup- down here when people want to take port as we address the crisis in Kosovo. the money away from them. Just be- said, ‘‘Concur or we don’t have a war.’’ We all can be proud of our armed forces as cause I don’t like what they are doing There is a big difference. they stand ready to answer the call of duty doesn’t mean I don’t love the military Mr. STEVENS. Mr. President, I yield in the Balkans. and the men and women out there to my friend for a comment or question Sincerely, doing it. We will support them, but we or whatever he wants, but I want to get BILL CLINTON. have a right to warn the American peo- back to this bill. I say to my colleague, what is the ple and tell them what this is all Mr. REID. Mr. President, directing a consequence if we do nothing, if we do about. question through the Chair to the nothing, if we stand there? Here we If you say, What is going to happen if chairman of the Appropriations Com- are, the leader of NATO. Here we are, we don’t? I ask you, what happened in mittee, could the Senator bring us up the leader of so many agreements the other countries of the world that to date as to how we are doing on the throughout Europe that have provided had revolutions where hundreds of underlying legislation; namely, the for the greater security of Europe in thousands of people were killed and we supplemental appropriations bill? the past, throughout the history of didn’t go in because it wasn’t in our Mr. STEVENS. Mr. President, I am NATO. national interest? delighted to do that. I hope to get in- What do we say to the men and I happen to think that is the case volved in this statement about Kosovo women of the Armed Forces who will here. It is not in our national interest. sometime tonight, and I think it will be in the airplanes, perhaps as early as Mr. WARNER. If I could reply, noth- be a late night. Everybody ought to be tomorrow some time? I am not pre- ing in the remarks by the Senator from on notice. I am going to try to finish dicting the hour, but it could be. What Virginia in this moment or earlier the supplemental bill tonight. do we say to them? That the people of today from this period infer that a Sen- We have the managers’ package com- the United States, through their electing and it is being brought to me. I ed Representatives, are not supportive? ator voting against this proposed reso- I know the strong arguments against lution in its draft form in any way does hope the people are listening right going in. And I respect my colleague. not support the men and women of the now. I am prepared to outline that. We But I say to my colleague, it has not Armed Forces. do have an amendment that is pending, been spoken, with clarity, as to what I simply say at this hour when we are the Murkowski amendment. I under- the consequences are if we do nothing. trying to debate this, it would seem to stand the Senator from Montana will I predict it would be an absolutely dis- me that those who can come and sup- make a motion to table that and that astrous situation in that region, that it port this resolution—it is clearly in will require a vote. We also have an could grow in proportion far beyond support of what they are about to do; amendment that I have been requested the crisis of the moment, and that at they are likely to go. by the leader to offer concerning the that juncture, if military action were I am convinced that the President question of rule XVI. I understand that required, it would require greater mili- has a resolve with the other leaders of may be objected to. We will have to see tary force than envisioned by the lim- NATO to go forth with this military how to handle that when it occurs. I do ited airstrike, limited in the sense that mission. It is important that debate believe we will have to handle it to- that component of our arsenal and that here in the Senate take place. Every night. I have the managers’ package of of 18 other nations—this is a 19-nation Senator will vote his or her conscience, about 10 amendments that have been operation—be required to stamp out a and I know that there will be 100 votes cleared on both sides and are being literal implosion of that whole Balkan in support of the troops if they are analyzed from the point of view of the region. I say to my good friend, I recalled upon to take on this high risk budget. It would be my hope we could spect his views, but I think we also together with their families. proceed with that matter now. have to address what happens if we do Mr. REID addressed the Chair. Mr. WARNER. Would the Senator nothing. The PRESIDING OFFICER (Mr. allow me to make a unanimous consent I recognize we are intruding on the CRAPO). The Senator from Nevada. request? time of the distinguished chairman of Mr. STEVENS. Mr. President, I have Mr. STEVENS. Yes. I am not saying the Appropriations Committee and oth- been waiting here for an hour. I was I might not object to it, though. ers. I know of no more significant issue supposed to get the floor at 6:10. Mr. WARNER. I am trying to put a than to send our people into harm’s Mr. REID. Mr. President, that is why record together for the benefit of all way, which requires the debate of the I asked permission to get the floor. I Senators. I simply ask unanimous con- Senate. I shall stand here at every op- am happy to yield to the Appropria- sent to have printed in the RECORD the portunity I can to give my views on tions chairman. In fact, I will direct letter that President Bush sent the why I think it is essential that we ap- the question to the chairman of the Senate in 1991, so each Senator can prove the actions as recommended. Appropriations Committee. compare them. Mr. DOMENICI. Mr. President, I I wanted to make an inquiry through Mr. STEVENS. Reserving the right don’t believe Senator WARNER, with all the Chair to the manager of this bill to object, so long as the Senator also

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5186 CONGRESSIONAL RECORD—SENATE March 23, 1999 has printed at the same time for the Whereas both the House of Representatives Approved January 14, 1991. RECORD the joint resolution that was (in H.J. Res. 658 of the 101st Congress) and f the Senate (in S. Con. Res. 147 of the 101st adopted by a vote of 52–47, following EMERGENCY SUPPLEMENTAL AP- President Bush’s letter. Congress) have condemned Iraq’s invasion of Kuwait and declared their support for inter- PROPRIATIONS ACT FOR FISCAL The PRESIDING OFFICER. Is there national action to reverse Iraq’s aggression; YEAR 1999 objection? Whereas, Iraq’s conventional, chemical, bi- Mr. WARNER. I shall not object be- ological, and nuclear weapons and ballistic The Senate continued with the con- cause I drew up the resolution, if the missile programs and its demonstrated will- sideration of the bill. Senator will look at the first name on ingness to use weapons of mass destruction Mr. REID. Will the chairman yield it. pose a grave threat to world peace; for a question? There being no objection, the letter Whereas the international community has Mr. STEVENS. I am happy to yield. and joint resolution were ordered to be demanded that Iraq withdraw uncondition- Mr. REID. I wonder if the chairman ally and immediately from Kuwait and that printed in the RECORD, as follows: could attempt to get clearance from Kuwait’s independence and legitimate gov- the two leaders—maybe one way to [Letter dated January 8, 1991 from Presi- ernment be restored; dent George Bush to Hon. Thomas S. Foley, Whereas the United Nations Security move this along is to vote on the un- Speaker of the House of Representatives, re- Council repeatedly affirmed the inherent derlying motion to table that will be questing that the House of Representatives right of individual or collective self-defense made shortly. and the Senate adopt a resolution stating in response to the armed attack by Iraq Mr. STEVENS. I am pleased to do that Congress supports the use of all nec- against Kuwait in accordance with Article 51 that, but we have to check with both essary means to implement U.N. Security of the United Nations Charter; sides to see about the timing. I hope Council Resolution 678] Whereas, in the absence of full compliance the Senator will help me on that. I will by Iraq with its resolutions, the United Na- THE WHITE HOUSE, check, also, to see if we can get an tions Security Council in Resolution 678 has Washington, January 8, 1991. authorized member states of the United Na- agreement as to when that should be. Hon. THOMAS S. FOLEY, tions to use all necessary means, after Janu- At the present time, am I correct, Speaker of the House, ary 15, 1991, to uphold and implement all rel- Mr. President, the pending business is House of Representatives, Washington, DC. evant Security Council resolutions and to re- the Murkowski amendment? DEAR MR. SPEAKER: The current situation store international peace and security in the in the Persian Gulf, brought about by Iraq’s The PRESIDING OFFICER. That is area; and unprovoked invasion and subsequent brutal correct. Whereas Iraq has persisted in its illegal oc- occupation of Kuwait, threatens vital U.S. Mrs. HUTCHISON. Parliamentary in- cupation of, and brutal aggression against interests. The situation also threatens the quiry. Kuwait: Now, therefore, be it peace. It would, however, greatly enhance Resolved by the Senate and House of Rep- The PRESIDING OFFICER. The Sen- the chances for peace if Congress were now resentatives of the United States of America in ator from Texas is recognized for a par- to go on record supporting the position Congress assembled, liamentary inquiry. adopted by the UN Security Council on SECTION 1. SHORT TITLE. Mrs. HUTCHISON. Where in the line twelve separate occasions. Such an action This joint resolution may be cited as the is the Hutchison amendment? would underline that the United States ‘‘Authorization for Use of Military Force Mr. STEVENS. The Hutchison stands with the international community Against Iraq Resolution’’. and on the side of law and decency; it also amendment was put aside. It is my un- SEC. 2. AUTHORIZATION FOR USE OF UNITED derstanding, I say to the Senator from would help dispel any belief that may exist STATES ARMED FORCES. in the minds of Iraq’s leaders that the United Texas, it was put aside so we could pro- (a) AUTHORIZATION.—The President is au- States lacks the necessary unity to act deci- thorized, subject to subsection (b), to use ceed with the balance of the supple- sively in response to Iraq’s continued aggres- United States Armed Forces pursuant to mental. It will be the last amendment sion against Kuwait. United Nations Security Council Resolution to be considered. It could be called up Secretary of State Baker is meeting with 678 (1990) in order to achieve implementation by requesting the regular order by ei- Iraq’s Foreign Minister on January 9. It of Security Council Resolutions 660, 661, 662, ther the majority leader or myself. would have been most constructive if he 664, 665, 666, 667, 669, 670, 674, and 677. Mrs. HUTCHISON. At some point fol- could have presented the Iraqi government a (b) REQUIREMENT FOR DETERMINATION THAT Resolution passed by both houses of Con- lowing the Murkowski amendment, I USE OF MILITARY FORCE IS NECESSARY.—Be- would like the opportunity to address gress supporting the UN position and in par- fore exercising the authority granted in sub- ticular Security Council Resolution 678. As section (a), the President shall make avail- my amendment and set it aside. you know, I have frequently stated my desire able to the Speaker of the House of Rep- Mr. STEVENS. Is my understanding for such a Resolution. Nevertheless, there is resentatives and the President pro tempore correct that the amendment of the still opportunity for Congress to act to of the Senate his determination that— Senator from Texas is set aside? strengthen the prospects for peace and safe- (1) the United States has used all appro- The PRESIDING OFFICER. It is set guard this country’s vital interests. priate diplomatic and other peaceful means aside, subject to being called back by I therefore request that the House of Rep- to obtain compliance by Iraq with the United resentatives and the Senate adopt a Resolu- the Senator from Texas or the Senator Nations Security Council resolutions cited in from Alaska. tion stating that Congress supports the use subsection (a); and of all necessary means to implement UN Se- (2) that those efforts have not been and Mr. STEVENS. Very well. Then the curity Council Resolution 678. Such action would not be successful in obtaining such Senator has that right. It was not my would send the clearest possible message to compliance. understanding at the time, but I am Saddam Hussein that he must withdraw (c) WAR POWERS RESOLUTION REQUIRE- prepared—I am not prepared to yield without condition or delay from Kuwait. MENTS.— this floor until I can find out how we Anything less would only encourage Iraqi in- (1) SPECIFIC STATUTORY AUTHORIZATION.— can get back to getting some votes and transigence; anything less would risk de- Consistent with section 8(a)(1) of the War get these matters resolved and finish tracting from the international coalition Powers Resolution, the Congress declares arrayed against Iraq’s aggression. that this section is intended to constitute this bill tonight. Mr. Speaker, I am determined to do what- specific statutory authorization within the I know my colleague is seeking to be ever is necessary to protect America’s secu- meaning of section 5(b) of the War Powers recognized. There was a Senator who rity. I ask Congress to join me in this task. Resolution. was supposed to come over and make a I can think of no better way than for Con- (2) APPLICABILITY OF OTHER REQUIRE- motion to table the amendment of my gress to express its support for the President MENTS.—nothing in this resolution super- colleague. As my colleague knows, I at this critical time. This truly is the last sedes any requirement of the War Powers don’t do that. best chance for peace. Resolution. Mr. MURKOWSKI. Will the floor Sincerely, SEC. 3. REPORTS TO CONGRESS. manager yield for a question? GEORGE BUSH. At least once every 60 days, the President shall submit to the Congress a summary on The PRESIDING OFFICER. Will the JOINT RESOLUTION the status of efforts to obtain compliance by Senator from Alaska yield to the Sen- Whereas the Government of Iraq without Iraq with the resolutions adopted by the ator from Alaska? provocation invaded and occupied the terri- United Nations Security Council in response Mr. STEVENS. Mr. President, it tory of Kuwait on August 2, 1990; to Iraq’s aggression. would be my pleasure at this time to

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5187

yield briefly to my colleague for a GREGG in relation to an issue for re- performing active duty without pay while on question. newal of fishing permits and fishing leave from technician employment under Mr. MURKOWSKI. What I am at- vessel operations. Sixth is an amend- section 6323(d) of title 5 may, in the discre- tempting to do is accommodate the ment on behalf of the minority leader tion of the Secretary concerned, be authorized a per diem allowance under this title, in floor manager by advising him that we dealing with reprogramming of funds lieu of commutation for subsistence and are certainly ready for a vote on a ta- by the Corps of Engineers. Seventh is quarters as described in Section 1002(b) of bling motion, so that you can advise an amendment by myself dealing with title 37, United States Code. Members of the scheduled for the bal- the authority to release aircraft by the AMENDMENT NO. 135 ance of the evening. Maybe we can get Department of Defense. Eighth is an At the end of Title II of the bill insert the a time certain. amendment on behalf of Senators ENZI following: Mr. STEVENS. I say to my friend and and BINGAMAN providing funds and ap- ‘‘SEC. . A payment of $800,000 from the colleague that we are checking out the propriate rescission for the Livestock total amount of $1,000,000 for construction of time of 6:45. I hope that clears. It is my Assistance Program. Ninth is an the Pike’s Peak Summit House, as specified understanding that Senator REID will amendment on behalf of Senators in Conference Report 105–337, accompanying the Department of the Interior and Related make the motion to table the amend- BINGAMAN and ENZI providing emer- Agencies Appropriations Act for fiscal year ment of the Senator from Alaska. I gency relief to the domestic oil and gas 1998, P.L. 105–83, and payments of $2,000,000 could at this time start with the proc- industry. Tenth is an amendment by for the Borough of Ketchikan to participate ess of reviewing some of these amend- Senator DOMENICI and others estab- in a study of the feasibility and dynamics of ments in my manager’s package. lishing an emergency oil and gas guar- manufacturing veneer products in Southeast Mr. MURKOWSKI. I wonder if I could anteed loan program. Alaska and $200,000 for construction of the pretty much count on that. I would AMENDMENTS NOS. 132 THROUGH 141, EN BLOC Pike’s Peak Summit House, as specified in like to leave for about 20 minutes. Conference Report 105–825 accompanying the Mr. STEVENS. Mr. President, I send Department of the Interior and Related Mr. STEVENS. My friend can be as- these 10 amendments to the desk and sured that it won’t happen before 6:45. Agencies Appropriations Act for fiscal year ask that they be considered en bloc. 1999 (as contained in Division A, section Mr. President, I yield to the Senator The PRESIDING OFFICER. Without 101(e) of the Omnibus Consolidated and from Nevada for the purpose of making objection, it is so ordered. Emergency Supplemental Appropriations a motion to table. The clerk will report. Act, 1999 (Public Law 105–277)), shall be paid Mr. REID. Mr. President, on behalf of The legislative clerk read as follows: in lump sum and shall be considered direct the Senator from Montana, Senator payments, for the purposes of all applicable The Senator from Alaska [Mr. STEVENS] law except that these direct grants may not BAUCUS, I move to table the Mur- proposes amendments numbered 132 through be used for lobbying activities.’’ kowski amendment and ask for the 141, en bloc. AMENDMENT NO. 136 yeas and nays. The amendments are as follows: The PRESIDING OFFICER. Is there a At the appropriate place in title II insert: AMENDMENT NO. 132 sufficient second? SEC. . Section 617 of the Department of There is a sufficient second. (Purpose: To appropriate, with a rescission, Commerce, Justice, and State, the Judiciary, The yeas and nays were ordered. funds for the United States Commission on and Related Agencies Appropriations Act, International Religious Freedom) Mr. REID. Mr. President, I ask unan- 1999 (as added by section 101(b) of division A of the Omnibus Consolidated and Emergency imous consent that the vote occur at On page 30, between lines 10 and 11, insert the following: Supplemental Appropriations Act, 1999 (Pub- 6:45. CHAPTER 7 lic Law 105–277)) is amended— The PRESIDING OFFICER. Without (1) by striking subsection (a) and inserting objection, it is so ordered. DEPARTMENT OF STATE RELATED in lieu thereof the following: AGENCY AMENDMENT NO. 113 WITHDRAWN ‘‘(a) None of the funds made available in UNITED STATES COMMISSION ON INTERNATIONAL Mr. STEVENS. Mr. President, I ask this Act or any other Act hereafter enacted RELIGIOUS FREEDOM may be used to issue or renew a fishing per- unanimous consent to vitiate Senate For necessary expenses for the United mit or authorization for any fishing vessel of action on amendment No. 113 and ask States Commission on International Reli- the United States greater than 165 feet in that the amendment be withdrawn. gious Freedom, as authorized by title II of registered length, of more than 750 gross reg- The PRESIDING OFFICER. Without the International Religious Freedom Act of istered tons, or that has an engine or engines objection, it is so ordered. 1998 (Public Law 105–282), $3,000,000, to re- capable of producing a total of more than Mr. STEVENS. Mr. President, I have main available until expended: Provided, 3,000 shaft horsepower as specified in the per- the manager’s package that I men- That the amount of the rescission under mit application required under part tioned, which includes 10 amendments. chapter 2 of title III of this Act under the 648.4(a)(5) of title 50, Code of Federal Regula- As I have said, we tried our best to heading ‘‘CONTRIBUTIONS TO INTER- tions, part 648.12 of title 50, Code of Federal Regulations, and the authorization required clear these amendments throughout NATIONAL ORGANIZATIONS’’ is hereby increased by $3,000,000. under part 648.80(d)(2) of title 50, Code of Fed- the Senate. I hope the Senate will AMENDMENT NO. 133 eral Regulations, to engage in fishing for At- agree to this package. It has been lantic mackerel or herring (or both) under (Purpose: Climate research) cleared on both sides. the Magnuson-Stevens Fishery Conservation First is an amendment by Senator At the appropriate place, insert the fol- and Management Act (16 U.S.C. 1801 et seq.), lowing: HELMS to appropriate, with a cor- unless the regional fishery management On page 24, line 2, after ‘‘expended.’’ insert council of jurisdiction recommends after Oc- responding rescission, funds for the the following: U.S. Commission on International Reli- tober 21, 1998, and the Secretary of Com- ‘‘Provided further, That from unobligated bal- merce approves, conservation and manage- gious Freedom. Second is an amend- ances in this account available under the ment measures in accordance with such Act ment by Senator GRASSLEY to appro- heading ‘climate and global change re- to allow such vessel to engage in fishing for priate, with a corresponding rescission, search’, $2,000,000 shall be made available for Atlantic mackerel or herring (or both)’’; and funds for regional applications pro- regional applications programs at the Uni- (2) in subsection (b), by striking ‘‘sub- grams, consistent with the direction versity of Northern Iowa consistent with the section (a)(1)’’ and inserting ‘‘subsection and the report to accompany Public direction in the report to accompany Public (a)’’. Law 105–277.’’ AMENDMENT NO. 137 Law 105–277. Third is an amendment by On page 38, line 13, strike ‘‘$2,000,000’’ and myself to allow military technicians, insert ‘‘$1,000,000’’. At the appropriate place at the end of Title II, insert: while deployed, to receive per diem ex- AMENDMENT NO. 134 SEC. . The Corps of Engineers is directed penses. Fourth is an amendment by (Purpose: To allow military technicians myself clarifying the intent of the fis- to reprogram $800,000 of the funds made while deployed to receive per diem expenses) available to that agency in Fiscal Year 1999 cal year 1998 and 1999 Interior and re- On page 27, line 12, insert the following: for the operation of The Pick-Sloan project lated agency appropriations bills in re- SEC. . Notwithstanding any other provi- to perform the preliminary work needed to lation to Pike’s Peak Summit House. sion of law, a military technician (dual sta- transfer Federal lands to the tribes and state Fifth is an amendment by Senator tus) (as defined in section 10216 of title 10) of South Dakota, and to provide the Lower

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5188 CONGRESSIONAL RECORD—SENATE March 23, 1999 Brule Sioux Tribe and Cheyenne River Sioux Law 105–277, $70,000,000. Provided, That the as amended, is transmitted by the President Tribe with funds to begin protecting invalu- entire amount shall be available only to the to the Congress, and able Indian cultural sites, under the Chey- extent an official budget request for ‘‘(2) is designated by the Congress as an enne River Sioux Tribe, Lower Brule Sioux $70,000,000, that includes designation of the emergency requirement pursuant to section Tribe, and State of South Dakota Terrestrial entire amount of the request as an emer- 251(b)(2)(A) of such Act; and Wildlife Habitat Restoration Act. gency requirement as defined in the Bal- An additional amount of $125,000,000 is rescinded as provided in Section 3002 of this AMENDMENT NO. 138 anced Budget and Emergency Deficit Control Act. (Purpose: To provide limited operational Act of 1985, as amended, is transmitted by AMENDMENT NO. 141 leasing authority to the Secretary of the the President to the Congress: Provided fur- (Purpose: To establish an emergency oil Air Force) ther, That the entire amount is designated by Congress as an emergency requirement and gas guaranteed loan program) In the appropriate place in the bill, insert pursuant to section 251(b)(2)(A) of such Act.’’ On page 23, between lines 8 and 9, insert the following new section: And: the following: ‘‘SEC. . OPERATIONAL SUPPORT AIRCRAFT An additional amount of $250,000,000 is re- SEC. ll. PETROLEUM DEVELOPMENT MANAGE- MULTI-YEAR LEASING DEMONSTRA- scinded as provided in Section 3002 of this MENT. TION PROJECT. Act. (a) SHORT TITLE.—This section may be ‘‘(a) AUTHORITY TO LEASE.—Effective on or cited as the ‘‘Emergency Oil and Gas Guar- AMENDMENT NO. 140 after October 1, 1999, the Secretary of the Air anteed Loan Program Act’’. Force may obtain transportation for oper- (Purpose: To provide emergency relief to the (b) FINDINGS.—Congress finds that— ational support purposes, including transpor- domestic oil and gas industry) (1) consumption of foreign oil in the United tation for combatant Commanders in Chief, At the appropriate place in title II of the States is estimated to equal 56 percent of all by lease of aircraft, on such terms and condi- bill, insert the following: oil consumed, and that percentage could tions as the Secretary may deem appro- ‘‘SEC. . DEDUCTION FOR OIL AND GAS PRODUC- reach 68 percent by 2010 if current prices pre- priate, consistent with this section, through TION. vail; an operating lease consistent with OMB Cir- ‘‘(a) DEDUCTION.—Subject to the limita- (2) the number of oil and gas rigs operating cular A–11. tions in subsection (c), the Secretary of the in the United States is at its lowest since ‘‘(b) MAXIMUM LEASE TERM FOR MULTI- Interior shall allow lessees operating one or 1944, when records of this tally began; YEAR LEASE.—The term of any lease into more qualifying wells on public land to de- (3) if prices do not increase soon, the which the Secretary enters under this sec- duct from the amount of royalty otherwise United States could lose at least half its tion shall not exceed ten years from the date payable to the Secretary on production from marginal wells, which in aggregate produce on which the lease takes effect. a qualifying well, the amount of expendi- as much oil as the United States imports ‘‘(c) COMMERCIAL TERMS.—The Secretary tures made by such lessees after April 1, 1999 from Saudi Arabia; may include terms and conditions in any to— (4) oil and gas prices are unlikely to in- lease into which the Secretary enters under ‘‘(A) increase oil or gas production from crease for at least several years; this section that are customary in the leas- existing wells on public land; (5) declining production, well abandon- ing of aircraft by a non-governmental lessor ‘‘(B) drill new oil or gas wells on existing ment, and greatly reduced exploration and to a non-governmental lessee. leases on public land; or development are shrinking the domestic oil ‘‘(d) TERMINATION PAYMENTS.—The Sec- ‘‘(C) explore for oil or gas on public land. and gas industry; retary may, in connection with any lease ‘‘(b) DEFINITIONS.—For purposes of this sec- (6) the world’s richest oil producing regions into which the Secretary enters under this tion— in the Middle East are experiencing increas- section, to the extent the Secretary deems ‘‘(1) the term ‘lessee’ means any person to ingly greater political instability; appropriate, provide for special payments to whom the United States issues a lease for oil (7) United Nations policy may make Iraq the lessor if either the Secretary terminates and gas exploration, production, or develop- the swing oil producing nation, thereby or cancels the lease prior to the expiration of ment on public land, or any person to whom granting Saddam Hussein tremendous power; its term or the aircraft is damaged or de- operating rights in such lease have been as- (8) reliance on foreign oil for more than 60 stroyed prior to the expiration of the term of signed; percent of our daily oil and gas consumption the lease. In the event of termination or can- ‘‘(2) the term ‘public land’ has the same is a national security threat; cellation of the lease, the total value of such meaning given such term in section 103(e) of (9) the level of United States oil security is payments shall not exceed the value of one the Federal Land Policy and Management directly related to the level of domestic pro- year’s lease payment. Act of 1976 (43 U.S.C. 1702(e)); and duction of oil, natural gas liquids, and nat- ‘‘(e) OBLIGATION AND EXPENDITURE OF ‘‘(3) the term ‘qualifying well’ means any ural gas; and FUNDS.—Nothwithstanding any other provi- well for the production of natural gas, crude (10) a national security policy should be de- sion of law— oil, or both that is on public land and— veloped that ensures that adequate supplies ‘‘(1) an obligation need not be recorded ‘‘(A) has production that is treated as mar- of oil are available at all times free of the upon entering into a lease under this section, ginal production under section 631A(c)(6) of threat of embargo or other foreign hostile in order to provide for the payments de- the Internal Revenue Code of 1986; or acts. (c) DEFINITIONS.—In this section: scribed in subsection (d) above, and ‘‘(B) has been classified as a qualifying (1) BOARD.—The term ‘‘Board’’ means the ‘‘(2) any payments required under a lease well by the Secretary of the Interior for pur- Loan Guarantee Board established by sub- under this section, and any payments made poses of maximizing the benefits of this sec- section (e). pursuant to subsection (d) above, may be tion. (2) PROGRAM.—The term ‘‘Program’’ means made from— ‘‘(c) SUNSET.—The Secretary of the Inte- ‘‘(A) appropriations available for the per- rior shall not allow a deduction under this the Emergency Oil and Gas Guaranteed Loan formance of the lease at the time the lease section after— Program established by subsection (d). takes effect; ‘‘(1) September 30, 2000; (3) QUALIFIED OIL AND GAS COMPANY.—The ‘‘(B) appropriations for the operation and ‘‘(2) the thirtieth consecutive day on which term ‘‘qualified oil and gas company’’ means maintenance available at the time which the the price for West Texas Intermediate crude a company that— payment is due; and oil on the New York Mercantile Exchange (A) is incorporated under the laws of any ‘‘(C) funds appropriated for those pay- closes about $18 per barrel; or State; ments. ‘‘(3) lessees have deducted a total of (B) is— ‘‘(f) OTHER AUTHORITY PRESERVED.—The $123,000,000 under this section—whichever oc- (i) an independent oil and gas company authority granted to the Secretary of the curs first. (within the meaning of section 57(a)(2)(B)(i) Air Force by this section is separate from ‘‘(d) ADMINISTRATIVE COSTS.—For nec- of the Internal Revenue Code of 1986); or and in addition to, and shall not be con- essary expenses of the Department of the In- (ii) a small business concern under section strued to impair or otherwise affect, the au- terior under this section, $2,000,000 is appro- 3 of the Small Business Act (15 U.S.C. 632) thority of the Secretary to procure transpor- priated to the Secretary of the Interior, to that is an oil field service company whose tation or enter into leases under a provision remain available until expended. main business is providing tools, products, of law other than this section.’’. ‘‘(e) EMERGENCY DESIGNATION.—The entire personnel, and technical solutions on a con- amount made available to carry out this sec- tractual basis to exploration and production AMENDMENT NO. 139 tion— operators who drill, complete, produce, (Purpose: To provide emergency relief to the ‘‘(1) shall be available only to the extent transport, refine and sell hydrocarbons and livestock industry) an official budget request for $125,000,000, their by-products as their main commercial At the appropriate place in title II of the that includes designation of the entire business; and bill, insert the following: amount of the request as an emergency re- (C) has experienced layoffs, production ‘‘SEC. . For an additional amount for the quirement as defined in the Balanced Budget losses, or financial losses since the beginning Livestock Assistance Program under Public and Emergency Deficit Control Act of 1985, of the oil import crisis, after January 1, 1997.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5189 (d) EMERGENCY OIL AND GAS GUARANTEED Board shall require security for the loans to no other amendments will be raised LOAN PROGRAM.— be guaranteed under this section at the time from that list based on the negotia- (1) IN GENERAL.—There is established the at which the commitment is made. tions we have had so far, with one ex- Emergency Oil and Gas Guaranteed Loan (3) FEES.—A qualified oil and gas company ception, and I have it in my hand. It is Program, the purpose of which shall be to receiving a loan guarantee under this section provide loan guarantees to qualified oil and shall pay a fee in an amount equal to 0.5 per- the majority leader’s amendment. gas companies in accordance with this sec- cent of the outstanding principal balance of AMENDMENT NO. 142 tion. the guaranteed loan to the Department of Mr. STEVENS. Mr. President, I send (2) LOAN GUARANTEE BOARD.—There is es- the Treasury. an amendment to the desk and ask for tablished to administer the Program a Loan (h) REPORTS.—During fiscal year 1999 and its immediate consideration. each fiscal year thereafter until each guar- Guarantee Board, to be composed of— The PRESIDING OFFICER. The (A) the Secretary of Commerce, who shall anteed loan has been repaid in full, the Sec- serve as Chairperson of the Board; retary of Commerce shall submit to Congress clerk will report. (B) the Secretary of Labor; and a report on the activities of the Board. The legislative clerk read as follows: (C) the Secretary of the Treasury. (i) SALARIES AND ADMINISTRATIVE EX- The Senator from Alaska [Mr. STEVENS], (e) AUTHORITY.— PENSES.—For necessary expenses to admin- for Mr. LOTT, proposes an amendment num- (1) IN GENERAL.—The Program may guar- ister the Program, $2,500,000 is appropriated bered 142. antee loans provided to qualified oil and gas to the Department of Commerce, to remain At the appropriate place, insert the fol- companies by private banking and invest- available until expended, which may be lowing: ment institutions in accordance with proce- transferred to the Office of the Assistant ‘‘that the presiding officer of the Senate dures, rules, and regulations established by Secretary for Trade Development of the should apply all precedents of the Senate the Board. International Trade Administration. under Rule 16, in effect at the conclusion of (2) TOTAL GUARANTEE LIMIT.—The aggre- (j) TERMINATION OF GUARANTEE AUTHOR- the 103rd Congress.’’ gate amount of loans guaranteed and out- ITY.—The authority of the Board to make Mr. LOTT. This amendment is a very commitments to guarantee any loan under standing at any 1 time under this section simple one. In March 1995, the begin- shall not exceed $500,000,000. this section shall terminate on December 31, (3) INDIVIDUAL GUARANTEE LIMIT.—The ag- 2001. ning of the 104th Congress, the Senate gregate amount of loans guaranteed under (k) REGULATORY ACTION.—Not later than 60 overturned a ruling of the Chair with this section with respect to a single qualified days after the date of enactment of this Act, respect to legislation on an appropria- oil and gas company shall not exceed the Board shall issue such final procedures, tions bill. Ever since that March day, $10,000,000. rules, and regulations as are necessary to Senators have not been able to raise a (4) MINIMUM GUARANTEE AMOUNT.—No sin- carry out this section. point of order against certain amend- gle loan in an amount that is less than (l) EMERGENCY DESIGNATION.—The entire amount made available to carry out this sec- ments offered to appropriations bills. $250,000 may be guaranteed under this sec- Any amendment dealing with matters tion. tion— (5) EXPEDITIOUS ACTION ON APPLICATIONS.— (1) is designated by Congress as an emer- not addressed in the specific appropria- The Board shall approve or deny an applica- gency requirement pursuant to section tions bill would no longer be subject to tion for a guarantee under this section as 251(b)(2)(A) of the Balanced Budget and a point of order and therefore are al- soon as practicable after receipt of an appli- Emergency Deficit Control Act of 1985 (2 ways in order, regardless of the subject cation. U.S.C. 901(b)(2)(A)); and matter. (f) REQUIREMENTS FOR LOAN GUARANTEES.— (2) shall be available only to the extent In this Senator’s opinion, once that The Board may issue a loan guarantee on ap- that the President submits to Congress a budget request that includes designation of prohibition was lifted, the appropria- plication by a qualified oil and gas company tions process was weakened by Sen- under an agreement by a private bank or in- the entire amount of the request as an emer- vestment company to provide a loan to the gency requirement. ators on both sides of the aisle offering qualified oil and gas company, if the Board The PRESIDING OFFICER. Without nonrelated amendments to very vital determines that— objection, the amendments are agreed and time-sensitive appropriations bills. (1) credit is not otherwise available to the to. Having said that, I, along with the company under reasonable terms or condi- Mr. STEVENS. Mr. President, I move chairman of the Appropriations Com- tions sufficient to meet its financing needs, to reconsider the vote. mittee, the ranking minority member as reflected in the financial and business Mr. REID. I move to lay that motion and the Democratic leader have been plans of the company; attempting to resolve this and other (2) the prospective earning power of the on the table. company, together with the character and The motion to lay on the table was issues we believe weaken the appro- value of the security pledged, provide a rea- agreed to. priations process. There are several sonable assurance of repayment of the loan Mr. STEVENS. Mr. President, again, resolutions pending in the Rules Com- to be guaranteed in accordance with its I say to the Senate that I appreciate mittee that address some of these terms; the consideration of all concerned for issues. However, final committee dis- (3) the loan to be guaranteed bears interest having not objected in areas where position has not been reached with re- at a rate determined by the Board to be rea- they might have objected. The bulk of spect to those resolutions. sonable, taking into account the current av- Therefore, I think it is time for the erage yield on outstanding obligations of the these amendments are amendments we United States with remaining periods of ma- will consider at length with the House. Senate to take this first step toward turity comparable to the maturity of the I hope we will be able to convince the strengthening the appropriations proc- loan; and House of their merit. We will also con- ess and reinstating what had been a (4) the company has agreed to an audit by sider some of the objections that may part of the Senate Rules for well over the General Accounting Office, before be raised from Members of the Senate 100 years. The time is now and I hope issuance of the loan guarantee and annually individually, from the administration, all Senators will be able to support this while the guaranteed loan is outstanding. or from the Congressional Budget Of- initial but important step to a more re- (g) TERMS AND CONDITIONS OF LOAN GUAR- sponsible legislative process. ANTEES.— fice. We will do our best to have a bill (1) LOAN DURATION.—All loans guaranteed that warrants the approval of the Sen- Mr. STEVENS. Mr. President, I under this section shall be repayable in full ate. might say to the Senate that I made not later than December 31, 2010, and the Mr. REID. Will the manager yield for the statement that the managers terms and conditions of each such loan shall an inquiry? would object to any amendments that provide that the loan agreement may not be Mr. STEVENS. Yes. were not agreed to on both sides. We amended, or any provision of the loan agree- Mr. REID. It is my understanding made an exception in that case for the ment waived, without the consent of the that, other than the Kosovo amend- leaders’ amendments. We have taken Board. ment, there are no other amendments the amendments from the distin- (2) LOAN SECURITY.—A commitment to issue a loan guarantee under this section in order; is that true? guished minority leader. This is the shall contain such affirmative and negative Mr. STEVENS. That is not quite last one of the majority leader. I un- covenants and other protective provisions as true. We still have many amendments derstand there will be objection on the the Board determines are appropriate. The on the list. We are led to believe that other side. Therefore, I will ask that it

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5190 CONGRESSIONAL RECORD—SENATE March 23, 1999 be set aside temporarily awaiting the President would be asked to sign set- Above all, I hope the message will go majority leader’s return, so he can de- ting forth those two conditions which out to the people who represent this cide what he wants to do with his were ably set forth by Senator BYRD. country in connection to NATO, they amendment. He asked me to offer it. Senator BYRD spoke ahead of me at are not to make agreements about in- I also state for the RECORD that al- that meeting, and he, strangely jection of Armed Forces of this country though I did agree to make a motion to enough, made the statement that I had in a ground war before approval of the table on any amendments that were determined I was going to make at the Congress. That, to me, would be uncon- not agreed to on both sides, I made an meeting. The situation was that I re- scionable. And I am delighted my exception in that situation for my col- turned thinking we would have a joint friends have agreed to put this section league from Alaska, which I had co- resolution. 2 in. sponsored. That has been taken care of. We now will have before us a Senate Mr. President, I just want to close My friend from Nevada made a motion concurrent resolution, which is a form with this. There is no other word. I to table that. We will let the Senate that we all know does not require the used it with the President. I have a decide that issue. Other than that, as I signature of the President. I under- ‘‘gut feeling,’’ a ‘‘deep gut feeling,’’ understand it, we are in the situation stand that is being done for reasons be- that we have initiated something that the last remaining matter is the yond our control. But we no longer which will be very hard to control from amendment of the Senator from Texas. have the resolution Senator BYRD now on. This will require the consider- I ask unanimous consent that the originally discussed, and it is my un- ation and really the absolute con- amendment of the majority leader be derstanding from talking to Senator centration of every American to try to temporarily laid aside. BYRD that he has consented to consoli- get out of this place without severe The PRESIDING OFFICER. Without dating that into a direct statement of loss of life. objection, it is so ordered. one sentence. I expect that to be of- I urge the Members of Congress to Mr. STEVENS. Mr. President, I give fered soon. notice to the Senate that following the understand that the President has The second version I had intended to made this decision. And it is not ‘‘if.’’ vote on the tabling motion offered by propose and Senator BYRD did propose It is ‘‘when.’’ And when it happens, we the Senator from Nevada, I shall ask was about the introduction of the have to be united behind our Armed unanimous consent to vitiate the re- Armed Forces of the United States into Forces. That is all there is to it. mainder of the amendments on the list, this area that I understand was to be I yield the floor. and the only remaining amendments deleted. Mr. WARNER addressed the Chair. will be Senator LOTT’s amendment and I am now informed by Senators BIDEN The PRESIDING OFFICER. The Sen- the amendment of the Senator from and WARNER that there is an agree- Texas, the Kosovo amendment, which ment that that section will be put back ator from Virginia. has to be disposed of one way or an- into this concurrent resolution, which Mr. WARNER. Mr. President, I wish other for us to finish this evening. So will once again contain the prohibition to thank our colleague from Alaska. at this time, does any Member have an against funds to introduce ground There is an important provision we amendment they wish to offer? forces of the United States into this have incorporated in the draft resolu- Mr. President, if not, let me take a area in a nonpermissive environment, tion which Senator BIDEN and I have couple minutes for myself on the meaning in terms of combat or in circulated among our colleagues. I Kosovo question. I am glad the Senator terms of imminent combat. They could think it is important, since it is not at from Virginia has given me this. I was go into a nonpermissive environment the desk, that I just read it so that it one of those that was invited to the to carry out the procedure we thought can be reviewed by Senators. White House this morning. As I ap- we might be involved in, in terms of in- Section 1 remains as I read it. proached the problem of listening troducing 4,000 troops along with NATO Section 2, which is a derivative of, again to the question of what we in a peacekeeping effort. Section 2 of again, work by the Senator from Alas- should do in Kosovo, I listened to a this resolution does not address that ka and, indeed, the distinguished Sen- President that I think has made up his from the point of view of the intent of ator from West Virginia—the original mind to initiate the air war. this Senator. concept of this was in drafts prepared I am a very pragmatic Senator. My But I do want to make it clear that by Senator BYRD earlier today. And I feeling was that if that was going to go I believe this is probably the most dan- shall read it. forward, the people who were going to gerous area of the world for our Armed None of the funds available to the Depart- carry out that order deserve the sup- Forces to be involved. I know really of ment of Defense (including funds appro- port of this Congress. But I also had no place in the world I would fear priated for fiscal year 1999 or prior years) the feeling that we should assure our- more, as a pilot flying over those may be used for the introduction of ground selves that none of the funds that we mountains with the ground-to-air de- forces of the Armed Forces of the United States into the Federal Republic of Yugo- have made available to the Department fenses that I know exist there, as much of Defense in the past, or through this slavia (Serbia and Montenegro) in a non-per- as this area of the former Yugoslavia. missive environment, with the exception of bill we are considering now, could be It is, beyond question, the most com- (1) any intelligence or intelligence-related used for initiating a ground war in this plicated area for military activity, far activities or surveillance or the provision of area. I so stated to the President that beyond Bosnia and far beyond what we logistical support or (2) any measures nec- while I had severe reservations about might have contemplated in World War essary to defend the Armed Forces of the the air war, he is the Commander in II in Europe in terms of where we oper- United States or NATO allies against an im- Chief, and if he has made the decision ated with American Armed Forces. mediate threat or to defend United States that it is going to take place, we have This area consumed several Nazi divi- citizens in the area described in this resolu- no way to stop that. But we do have a sions—21. Is that correct, Mr. Presi- tion. way to signal to the men and women of dent? It consumed them, destroyed Mr. STEVENS. Mr. President, will the Armed Forces that we do under- them, in terms of the action of the par- the Senator yield right there? stand they are subject to the com- tisans in that area. Mr. WARNER. Yes. mands of their Commander in Chief, If this bombing does not bring about Mr. STEVENS. Mr. President, I be- and when they undertake fulfilling a cessation of the genocide we believe lieve Senator BYRD is correct that those commands by going outside the is going to take place or is taking there should be a reporting require- United States in particular to carry place, then it is going to be a very, ment added to this. But I leave that for out the policies of this country, I think very difficult problem to decide what us to determine at a later time. they deserve to know that the Congress to do. And I think the Congress has to I thank the Senators involved, and, supports them. be involved before that plan is agreed with the reinsertion of section 2, I ask I therefore came back thinking we to by the U.S. representatives and that I be made a cosponsor of the reso- would have a joint resolution that the NATO. lution.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5191 Mr. BIDEN. Mr. President, will the shared endless enthusiasm with me to be nice to us and not make fun of us. We Senator yield for a brief comment? Be- personally and with my staff, and who are the same as everyone else—and if some- cause I know the Senator from West has taught a great many of us in my of- one takes the time to teach us, to work with us to help us understand, we can do whatever Virginia wishes to speak on this. fice in the extended Kerry political we want. I want to be clear. I think the rec- family a very important lesson about Right now I don’t think we do enough to ommendation and the suggestion of the the ability of individuals to overcome help kids with learning disabilities. You Senator from Alaska, which is con- learning disabilities and about the don’t see enough people with learning dis- sistent with what the Senator from power of the human spirit. abilities in the best jobs—even though they West Virginia and he both said today Brendan O’Donnell has a terrific are bright enough, even though they are tal- to the President, is a good idea. I per- story to tell. He comes from a wonder- ented enough. This needs to change. It can happen, I think, if we have really sonally am prepared to accept that. ful and loving family that has always good schools. I went to a high school called I just add one caveat. I need another encouraged him to set his goals high, RiverView School. When you had a problem, 3 or 4 minutes to run the traps. I want to pursue his aspirations to the very when you needed special attention, they to make it clear, I accept this. I accept best of his ability, and to refuse to were willing to help. this personally. I think it makes sense. allow any label or characterization of Our school did not believe in the kind of But I have calls in to several of our col- his potential to stop him. He is a young tests you put on paper—they thought it was leagues as to whether or not, since man who literally does not give up. best for us to push and test ourselves, That’s what I do every day. I test myself. they were part of this on our side, they Brendan’s character, his determina- That’s why I love to play sports. At our will go with this. I am confident. I be- tion, his terrific attitude and positive school anyone could play a sport. We had a lieve they will. But I just want to be energy that drive his efforts are really cross country team, and a basketball team absolutely clear, and I think we should something to behold, Mr. President. and swimming team and tennis team. And I proceed. But I see the Senator from They are, in so many ways, the lasting learned a lot about swimming and trying my West Virginia who wishes to speak. I imprint of his father, my friend and the best when I played basketball and football. think it is a great and significant com- friend of many of us on this side of the And now I want to push myself again. I want to go to cooking school, and learn to be mitment that he has made with regard aisle, the late Kirk O’Donnell, and of a chef so that some day I can have a res- to the nonpermissive piece of this. I his mother, Kathy Holland O’Donnell. taurant of my own in Massachusetts, in think it makes sense. Kirk O’Donnell, many people may re- Scituate. It’ll be hard to do—but I’ll do it. Mr. STEVENS. Mr. President, I with- call, was taken from us far too young, I think there needs to be a program where hold my request to cosponsor until I last year. I think all of us would agree kids with learning disabilities can learn how know the section 2 is in the resolution. that he left a lasting legacy, an im- to do jobs in the real world, like cooking pro- The PRESIDING OFFICER. The Sen- print on all of our lives. Brendan, of grams and art programs—progams so more course, will also tell you that one of kids can be like me. We can all try our best— ator from Virginia holds the floor. and we can all do our best—if we help each Mr. WARNER. I yield the floor. the people who encourages him and other and if we care about each other. That’s Mr. KERRY addressed the Chair. gives him such a huge amount of con- something I think we also need to take The PRESIDING OFFICER. The Sen- fidence is his sister, Holly O’Donnell. about in this country. ator from Massachusetts. We have been very lucky to have Those are Brendan’s words, but I Mr. KERRY. Mr. President, may I in- Brendan on our team these past think he speaks for a lot of Americans, quire of the Senator how long he months, and I look forward to con- Americans who don’t let anyone put thinks it might be before we may be tinuing for a long time to get to know limits on their potential, Americans voting? this young man even better. who have dreams and do not give up. I Mr. STEVENS. Mr. President, the Brendan has written a speech for me agree with Brendan—each of us, in our Senator has inquired of me, and I am about a subject that he believes is very own personal way, should do all we can pleased to say by previous order we important, and I agree with him it is. to help those Americans who get up shall vote at 6:45 on a motion to table He thinks it is important that here in every day and do their best to over- the Murkowski amendment. Following the Senate, and all across the country, come learning disabilities. And I thank that, we hope to get back to the two in our homes, in our schools, that we Brendan for making that case better other amendments. One is the amend- start talking about the efforts we can than any scientific study ever could. ment of the Senator from Texas on make together, in partnership with one I have been lucky to know Brendan Kosovo, and the other one is the distin- another, to help those with learning O’Donnell, to be inspired by his strong guished majority leader’s amendment. disabilities make the most of their own will, his good nature, and his work I think we will dispose of them rather lives. ethic. I am proud of the work he has quickly and vote on the bill. Brendan’s remarkable achievements done in my office. I want to offer him Mr. KERRY. Mr. President, I ask are testimony enough to what individ- my warmest wishes as he leaves us to unanimous consent that I be permitted uals with learning disabilities can pursue his ambitions. I am looking for- to speak as if in morning business until achieve. His words on this subject, ward to the day when I can go to a res- the time of the vote. though, are really something special. I taurant in Scituate and know that The PRESIDING OFFICER. Without would like to share with you what Brendan O’Donnell is at once the owner objection, it is so ordered. Brendan wrote. He said: and the chef, cooking up lobster and f This is an important topic for kids today, oyster for everyone. And I know that kids like me. We should try to talk about day will come because Brendan PRIVILEGE OF THE FLOOR learning disabilities and really get the point O’Donnell never gives up. across—we can all be teachers about this Mr. KERRY. Mr. President, I also ask I yield the floor. unanimous consent that Brendan subject. And we should all try to make a difference. Mr. KENNEDY. Mr. President, I ask O’Donnell of my staff be permitted the I think that there should be a different consent for 30 seconds? privilege of the floor. name for learning disabilities. My Mom and The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without I have thought a lot about this, and to me objection, it is so ordered. objection, it is so ordered. it’s not a disability—it’s just that I have Mr. KENNEDY. Mr. President, I com- something which causes a storm in my mind. f mend my friend and colleague for shar- When I look at something—I have to take ing with all of the Senate the really ‘‘STORM IN MY MIND’’ my time and take it all in. People need to be enormously sensitive, informed, and Mr. KERRY. Mr. President, I want to understanding and make things clear to me. wonderful comments of Brendan. I, too, To do that, though, people need to know speak for a few minutes today about a more about learning disabilities, whether have known this young, extraordinary very special young man who has been they’re kids or adults. man, and know what a difference he working in my office as an intern over People need to know that they should not has made in so many different lives. He the last months and someone who has look down at us. They should try extra hard really ought to be commended.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5192 CONGRESSIONAL RECORD—SENATE March 23, 1999 Brendan shared with the Senate, [Rollcall Vote No. 56 Leg.] dent to come forward and tell us what with all of us, these very eloquent YEAS—40 he was going to do in Kosovo. This as- words. I thank my friend and col- Baucus Graham Murray sumed a peace agreement. It assumes league, and join with him in com- Biden Harkin Reed that we would have a plan put in place mending Brendan and for all he has Bingaman Jeffords Reid before we would take action in Kosovo. Boxer Johnson Robb Unfortunately, time has bypassed done, not only for my friend and col- Bryan Kennedy Rockefeller league, but for all of those who are fac- Chafee Kerrey Sarbanes this amendment. Unfortunately, the ing challenges in the area of learning Cleland Kerry Schumer President made up his mind, I think, Collins Kohl Snowe disabilities. Daschle Lautenberg before he ever talked to Members of Torricelli Mr. KERRY. Mr. President, I thank Dodd Leahy Congress that we would bomb Kosovo. I Warner Durbin Levin my colleague, Senator KENNEDY. I par- Wellstone think we are taking a very important Edwards Lieberman step and one that I hope everyone will ticularly want to point out Brendan Feingold Lugar Wyden has just enjoyed his first floor privi- Feinstein Mikulski take seriously. Bombing a sovereign country that leges and has been able to listen to his NAYS—59 own words on the floor of the Senate. I has not threatened the United States Abraham Enzi Mack of America is a very serious step. I think that is a great accomplishment Akaka Fitzgerald McCain and great thrill for him. Allard Frist McConnell think we also need to look at the I thank my colleagues, and I yield Ashcroft Gorton Moynihan NATO mission. We are changing the the floor. Bayh Gramm Murkowski mission of NATO without debate, with- Bennett Grams Nickles Bond Grassley out a vote of Congress. We are turning Roberts NATO from a defense alliance to an al- f Breaux Gregg Roth Brownback Hagel Santorum liance that has now decided it is going Bunning Hatch Sessions to take an offensive action against a EMERGENCY SUPPLEMENTAL AP- Burns Helms Shelby country that is not in NATO. This is PROPRIATIONS ACT FOR FISCAL Byrd Hollings Campbell Hutchinson Smith (NH) unprecedented. YEAR 1999 Conrad Hutchison Smith (OR) So I do think the President needs to Specter Coverdell Inhofe come to Congress with a plan. If we are The Senate continued with the con- Craig Inouye Stevens sideration of the bill. Crapo Kyl Thomas going to take step 1, we need to know Thompson AMENDMENT NO. 130 DeWine Landrieu what steps 2, 3, and 4 are. We need to Domenici Lincoln Thurmond The PRESIDING OFFICER. It is now know what could happen and what cir- Dorgan Lott Voinovich cumstances would cause us to have 6:45. By unanimous consent, the vote NOT VOTING—1 occurs on the tabling of the Murkowski more commitments in the Balkans. amendment. Cochran Mr. President, I think it is premature for us to be doing what we apparently The yeas and nays have been ordered. The motion to lay on the table the are going to be doing. But I think my Mr. HARKIN. Parliamentary inquiry. amendment (No. 130) was rejected. Mr. MURKOWSKI addressed the amendment has been bypassed by time. The PRESIDING OFFICER. The Sen- Chair. So I am going to withdraw my amend- ator will state his parliamentary in- The PRESIDING OFFICER. The Sen- ment and let the supplemental appro- quiry. ator from Alaska. priations bill go forward on the prom- Mr. HARKIN. There is a vote now. Mr. MURKOWSKI. I urge adoption of ise from our leadership that we will What is the sequence of the votes that the amendment. take up a bill on Kosovo that will have will take place? The PRESIDING OFFICER. The teeth, that will have an up-or-down The PRESIDING OFFICER. That is question is on agreeing to the amend- vote, as Congress is required to do the only vote ordered, the motion to ment. when we have this kind of action by table the Murkowski amendment. The amendment (No. 130) was agreed our military forces. Mr. HARKIN. Further parliamentary to. So, Mr. President, I withdraw my inquiry. After that vote is taken, then Mr. MURKOWSKI. I move to recon- amendment. I look forward to the de- the floor will be open for further dis- sider the vote. bate. I look forward to Congress exer- cussion on the Kosovo issue? Mr. LEAHY. Mr. President, the Sen- cising its responsibility under the Con- Mr. STEVENS. We still have pending ate is not in order. stitution that if there is going to be a amendments, Mr. President. The PRESIDING OFFICER. The Sen- war declared, that it will be Congress The PRESIDING OFFICER. After ate will please come to order. There is that will declare it. that vote is taken, we will be on the a pending motion to reconsider. The PRESIDING OFFICER. Without Lott amendment, amendment No. 142. Mr. STEVENS. I move to lay that objection, the amendment is with- Mr. HARKIN. Which is open for dis- motion on the table. drawn. cussion? The motion to lay on the table was The amendment (No. 81) was with- The PRESIDING OFFICER. It is de- agreed to. drawn. Mr. STEVENS. If the Senate will batable. AMENDMENT NO. 142 WITHDRAWN give us just a few minutes here, I ask Mr. HARKIN. I thank the Chair. Mr. STEVENS. Mr. President, I now unanimous consent that I may be al- The PRESIDING OFFICER. Under ask unanimous consent to withdraw lowed to yield to the Senator from amendment No. 142 that I submitted on the previous order, the question is on Texas for 3 minutes to discuss her agreeing to the motion. behalf of the leader. amendment. The PRESIDING OFFICER. Without The yeas and nays have been ordered. The PRESIDING OFFICER. Without objection, it is so ordered. That amend- The clerk will call the roll. objection, the Senator from Texas is ment is withdrawn. The legislative clerk called the roll. recognized for 3 minutes. The amendment (No. 142) was with- Mr. NICKLES. I announce that the Mrs. HUTCHISON. Thank you, Mr. drawn. Senator from Mississippi (Mr. COCH- President. Mr. STEVENS. Mr. President, third RAN) is absent because of a death in the AMENDMENT NO. 81 WITHDRAWN reading. family. Mrs. HUTCHISON. Mr. President, the The PRESIDING OFFICER. The The PRESIDING OFFICER (Mr. AL- amendment that is the regular order is question is on the engrossment and LARD). Are there any other Senators in my amendment on Kosovo. A lot has third reading of the bill. the Chamber who desire to vote? happened since I offered this amend- The bill was ordered to be engrossed The result was announced—yeas 40, ment early last week, because my for a third reading and was read the nays 59, as follows: amendment actually asks the Presi- third time.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5193 The PRESIDING OFFICER. The bill ‘‘Concurrent Resolution, Authoriz- The PRESIDING OFFICER. Without having been read the third time, the ing’’—— objection, it is so ordered. question is, Shall it pass? The PRESIDING OFFICER. The Sen- Mr. STEVENS. Parliamentary in- The bill (S. 544), as amended, was ator has made a unanimous consent re- quiry: How much time is involved? passed. quest. Is there objection? The PRESIDING OFFICER. Thirty (The bill will be printed in a subse- Mr. WARNER. I am still in the proc- minutes equally divided. quent edition of the RECORD.) ess of making it, if I may, Mr. Presi- Mr. STEVENS. Who is handling the Mr. REID. I move to reconsider the dent, if that is agreeable. opposition? vote. Mr. WELLSTONE. Reserving the The PRESIDING OFFICER. The two Mr. LEVIN. I move to lay that mo- right to object. I am not clear what the leaders or their designees. tion on the table. request is. Mr. WARNER. I am, of course, in The motion to lay on the table was Mr. WARNER. If I could just finish favor, as the cosponsor with Mr. BIDEN, agreed to. my comments, then I will be happy to so I suggest that the Senator from Mr. STEVENS addressed the Chair. entertain any objections or otherwise. Idaho, Mr. CRAIG, be a manager. The PRESIDING OFFICER. The Sen- It is a concurrent resolution author- Mr. BIDEN. I yield myself 3 minutes. ator from Alaska. izing the President of the United The PRESIDING OFFICER. The Sen- Mr. STEVENS. Is there not an order States to conduct military air oper- ator from Delaware is recognized. already entered that holds this bill now ations and missile strikes against the Mr. BIDEN. Mr. President, this is a for the receipt of the bill from the Federal Republic of Yugoslavia, Serbia very straightforward concurrent reso- House on the same subject? and Montenegro. lution, but I think it bears reading The PRESIDING OFFICER. The Sen- Resolved by the Senate (the House of Rep- again. ator is correct. resentatives concurring), That the President of It says, Mr. STEVENS. Therefore, we are fin- the United States is authorized to conduct Authorizing the President of the United ished with the supplemental, correct? military air operations and missile strikes in States to conduct military air operations The PRESIDING OFFICER. That is cooperation with our NATO allies against and missile strikes against the Federal Re- the Federal Republic of Yugoslavia (Serbia public of Yugoslavia (Serbia and Monte- correct. and Montenegro). Several Senators addressed the negro). Resolved by the Senate (the House of Rep- Chair. The reason I have not formally proposed the UC is we are trying to deter- resentatives concurring), That the President of The PRESIDING OFFICER. The Sen- the United States is authorized to conduct ator from Delaware. mine the time that would be required by both sides. military air operations and missile strikes in Mr. BIDEN. I send an amendment to cooperation with our NATO allies against Might I suggest a period of, say, 2 the desk. the Federal Republic of Yugoslavia (Serbia Mr. WARNER. Will the Senator yield hours for purposes of debate? and Montenegro). Mr. BIDEN. Mr. President, I suggest so I can speak on behalf of the major- It is straightforward and simple. It is that we need a lot less time than that. ity leader? a clear up-or-down vote on whether or I suggest 30 minutes equally divided. Mr. BIDEN. Sure. I withhold. not we support the action that is con- Mr. WARNER. Thirty minutes equal- The PRESIDING OFFICER. The Sen- templated by the President, that ly divided is fine. ator from Virginia is recognized. NATO, through its action order—so- The PRESIDING OFFICER. Without called action order—has authorized f objection, it is so ordered. Solana to call for at his discretion and UNANIMOUS CONSENT Mr. BYRD. Mr. President, my objec- concurrence with the leaders of the 19 AGREEMENT—S. CON. RES. 21 tion is still standing but I withdraw it. The PRESIDING OFFICER. The ob- NATO countries. Mr. WARNER. Mr. President, I ask I think we have debated this a lot. unanimous consent the Senate now jection is withdrawn. Mr. BIDEN. Parliamentary inquiry: There are very strong views on this. I proceed to the concurrent resolution Is the Senate concurrent resolution at happen to think this is an authority sent to the desk regarding Kosovo and the desk? that Congress should be giving the there be a time period, of which I think The PRESIDING OFFICER. It is at President, but at a minimum I think we will have a discussion first, for de- the desk. most of us agree that the President bate equally divided between the two Mr. BIDEN. It is at the desk. needs to hear from the Congress as to leaders, no amendments or motions be The PRESIDING OFFICER. It has what our position is. in order. Further, I ask that following not been reported, however. I strongly urge my colleagues to sup- the time constraints the Senate pro- Mr. BIDEN. I suggest that it be report this resolution. ceed to vote on agreeing to the resolu- ported. I reserve the remainder of the time. tion, with no intervening action or de- Mr. WELLSTONE. May I ask the bate. f Senator a question? Mr. President, for the convenience of AUTHORIZING THE PRESIDENT OF Mr. BIDEN. I am happy to respond to Senators, I have—— THE UNITED STATES TO CON- a question. Mr. STEVENS. Reserving the right DUCT MILITARY AIR OPER- Mr. WELLSTONE. I thank my col- to object. ATIONS AND MISSILE STRIKES league. The PRESIDING OFFICER. Is there AGAINST THE FEDERAL REPUB- Could my colleague, for the purposes objection? LIC OF YUGOSLAVIA (SERBIA of the legislative record, spell out the Mr. WARNER. I have not put any- AND MONTENEGRO) objective? The President is authorized thing to the Chair yet. If I could The PRESIDING OFFICER. The to ‘‘conduct military operations.’’ just—— clerk will report. Could my colleague spell out what his The PRESIDING OFFICER. Is there The assistant legislative clerk read understanding is? objection? as follows: Mr. BIDEN. My understanding of the Mr. BYRD. Reserving the right to ob- A concurrent resolution (S. Con. Res. 21) objective stated by the President is ject. authorizing the President of the United that his objective is to end the ethnic Mr. WARNER. Thank you. I will just States to conduct military air operations cleansing in Kosovo and the persecu- place on the desks copies of it so Sen- and missile strikes against the Federal Re- tion of the Albanian minority popu- ators can have an opportunity to read public of Yugoslavia (Serbia and Monte- lation in Kosovo and to maintain secu- it. We have now dropped the second negro). rity and stability in the Balkans as a section. We have gone back to the Mr. BIDEN. Mr. President, I ask consequence of slowing up, stopping, or original provision, and I shall read it, unanimous consent that the reading be curtailing the ability of Milosevic and and then Senators can have copies. dispensed with. the Serbian VJ and the MUP to be able

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5194 CONGRESSIONAL RECORD—SENATE March 23, 1999 to go in and cause circumstances which less than ideal. However, the choices looked in the eye of a President that provide for the likelihood of a half-mil- we have are also not ideal. The choice had already made up his mind on the lion refugees to destabilize the region. of doing nothing is absolutely unac- air war. I seriously regret that we have The objective at the end of the day: ceptable. not put a parameter around this war so Hopefully, this will bring Milosevic While I will have more to say about it will prevent the use of our forces on back to the table. Hopefully, he will the process by which we got here, there the ground. I believe we are coming agree to what all of NATO said they are powerful strategic, humanitarian, close to starting World War III. At wanted him to agree to, and hopefully and historical reasons that the United least I know we are starting a process that will occur. In the event that it States, in a broad-based, NATO-based that is almost going to be never-end- does not occur, the objective will be to effort, ought to be doing what it is ening, unless it never starts. degrade his military capability so sig- gaged in. The PRESIDING OFFICER. Who nificantly that he will not be able to I think it is important for all of our seeks recognition? impose his will upon Kosovo, as he is colleagues to reflect on the fact, this is Mr. BIDEN. Mr. President, I yield 2 doing now. not the United States acting unilater- minutes to the Senator from Michigan. Mr. WELLSTONE. Mr. President, I ally; this is all of the allies, all to- The PRESIDING OFFICER. The Sen- thank my colleague for his response gether, all of them coming together, ator from Michigan. and would like to make it clear that I with a preponderance ultimately of Eu- Mr. LEVIN. Mr. President, I cospon- believe my support would be based ropean involvement if there ever is a sor this resolution because, year after upon these kinds of objectives. peace process to enforce. year, we have asked Europe to take the Mr. BIDEN. I thank the Senator. I want to emphasize one thing with lead before we are leading in their own Does the opposition wish more time? respect to the goals and objectives. I back yard, to become united, to take Mr. CRAIG. Mr. President, I stand in view these as very limited in their cur- care of troubles before they spread. opposition to the Senate concurrent rent structure. I view it as essentially They have done so. They are now wait- resolution and yield 2 minutes to Sen- an effort to try to minimize Milosevic’s ing for us. It has been asked, will our ator BROWNBACK. capacity militarily to ethnically European allies stay with us? That is The PRESIDING OFFICER. The Sen- cleanse. It is hoped that you might also not the question. The question is ator from Kansas is recognized. secure the peace. It is hoped that you whether we will now join our European Mr. BROWNBACK. Thank you, Mr. allies who are waiting for us to sound a might also be able to move to a more President. I appreciate our colleague clear call that we will not permit eth- broad-based enforcement process. But I from Idaho recognizing me to speak nic cleansing to spread to destabilize a don’t view that as the essential objec- briefly on this amendment. region and to destabilize Europe. I rise in opposition to this amend- tive. The essential objective is to mini- The stakes here are huge. The objec- ment to this resolution. I think this is mize his capacity to work his will tive here, we should be very clear, is to an ill-advised, ill-timed, inappropriate without any contravening forces that reduce the military capability of action to take, given the situation that would equalize the battlefield, if you Milosevic to ‘‘ethnically cleanse’’ we have, given the potential and the will, and minimize the capacity for Kosovo and thereby touch off a broader actual probable loss of U.S. lives, the ethnic cleansing. That is the overpow- war and massive instability in Europe. lack of involving the entire United ering strategic and, I think also, hu- That is our military objective—to re- States in this and saying to the Amer- manitarian interest here, and I think it duce that military capability to eth- ican people: Why are we doing this? We is important for the Senate to stay fo- nically cleanse Kosovo. don’t know where it is going on step 2, cused on the limitations. If we had acted earlier in Bosnia, we step 3, and step 4. Mr. CRAIG. Mr. President, I yield 2 could have avoided that genocide. We This is step 1. We go in and we bomb minutes to the Senator from Alaska. did not act. NATO has now decided to a sovereign nation involved in a civil The PRESIDING OFFICER. The Sen- act, and it is the future stability of Eu- war. What if he doesn’t fall back? What ator from Alaska. rope which we are going to help deter- if Milosevic doesn’t say: OK, I give up, Mr. STEVENS. Mr. President, we are mine here tonight, as well as the sup- and you can have autonomy in Kosovo? in this situation because sometime last port for our troops. It was asked of the What if we go ahead into Montenegro year the administration authorized our President, ‘‘Request our support, Mr. and say we want to split off. Will the representatives of NATO to enter into President.’’ We heard that at the White United States bomb and support Mon- an agreement that would allow NATO House over and over again. The Presi- tenegro in that process? forces to conduct strike operations dent has now requested our support. This is a very, very serious step we against the Serbs if they did not sign Our military leaders have set forth a are taking of such foreign policy, and an agreement that was sought—the clear military objective. They have we have not had sufficient debate ‘‘peace agreement’’ so-called. That did done so before the Armed Services about what the U.S. position is. This is not occur. Suddenly, we find that now Committee. They have done so before not in our strategic and vital interest here we are with one sentence, one sen- other committees and each of us. So of what is taking place. Yet we are tence approving the concept of sending now it is up to us to decide whether or going to go forward and start a bomb- in airstrikes against that nation. We not we will support our troops, and ing campaign. We need to have a thor- do not have a prohibition against the whether we will support NATO. The ough, extensive debate here, involving use of ground forces, and I told the risks of not acting are greater than the the American people, as to whether or President this morning I would support risks of acting. not this is in our vital and strategic in- this resolution if it did. Mr. President, I believe it is impor- terests. I submit that has not taken But beyond that, I am constrained to tant for the United States to partici- place to date. The administration has say that I remember standing here on pate in NATO air and missile strikes. not brought the Congress along, and the floor in 1991 when Iraq invaded Ku- NATO is ready to act because of the this is an inappropriate, ill-timed wait, when racial cleansing was not threat that the conflict in Kosovo event and action for us to take and is only taking place, they were murdering could spread to the neighboring coun- not being supported by the American people in public. They had taken over a tries of Macedonia, Albania, and Bos- people. nation and they were obviously going nia and could involve nations such as For those reasons, I will be opposing to go into Saudi Arabia. We were in the Greece, Turkey, Bulgaria, Romania, this resolution. minority and we sought to support our and Hungary, and to prevent a humani- Mr. BIDEN. Mr. President, I yield 2 President, and we got very little sup- tarian disaster. minutes to the distinguished Senator port. I put in the RECORD already the I believe the military mission for our from Massachusetts, Senator KERRY. letter that President Bush sent. He forces should be clearly and carefully Mr. KERRY. Mr. President, I believe said if the Congress did not agree, he stated as to reduce the military capa- that the way we have arrived here is would not dispatch forces. Today, I bility of the Serbian special police and

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5195 Yugoslav Army to ethnically cleanse that approximately 28,000 troops would stated his preference for the agreement Kosovo and touch off a broader war and be needed. Our NATO allies agreed to to provide a mechanism for the people major instability in Europe. provide more than 24,000 troops. The to express their will at the end of three It is tempting and would be easy to United States would contribute less years but was flexible on that point justify NATO action against the Ser- than 4,000 troops to that force. The on- since he was committed to reaching an bian police and Yugoslav Army forces scene commander for the force would agreement that would stablize the situ- as a way to punish Milosevic. He has have been a British general. The force ation. Dr. Rugova and a number of his destroyed the economy of former Yugo- contribution of our NATO allies would lieutenants participated as part of the slavia; shut down its independent dominate the force. Once again, our ethnic Albanian negotiating team that media; ousted all democracy-learning NATO allies delivered. And the foreign went to Rambouillet. professors from its universities and ministers of Great Britian and France Veton Surroi, who has courageously substituted his cronies; has threatened co-chaired the negotiations that pro- published an independent newspaper in President Djukanovic of the Yugoslav vided the opportunity for a peaceful Pristina, the capitol of Kosovo, ex- Republic of Montenegro, who favors de- settlement of this crisis. pressed his concern about achieving an mocracy and a free market economy; Finally, Mr. President, I want to de- agreement in view of the difficulty he has seized privately-owned property, scribe my visit to Kosovo in November. anticipated in reconciling the positions including property owned by an Amer- In the course of that visit, I accom- of the KLA and the Rugova camp. He ican citizen; and has violated every panied a U.S. Kosovo Diplomatic Ob- was not optimistic. He also partici- agreement he has ever made, including, server Mission team on its daily tour pated in the Rambouillet negotiations in particular, the Dayton Peace Ac- that stopped in the village of Malisevo. as a member of the ethnic Albanian cords and the October 12, 1998 agree- Malisevo was a ghost town. The team. ment with Richard Holbrooke. Kosovar Albanians who had previously Mr. President, despite the Kosovar But it is the threat to regional peace lived there were afraid to return be- Albanians strong desire for independ- and security that justifies NATO air cause of the damage that had been ence, a goal which is supported by the strikes. caused by the Serbian special police international community and is not The United States is the leader of and Yugoslav Army and the continuing provided for by the Interim Peace NATO and the credibility of NATO is presence of Serbian police forces in the Agreement, they signed that Agree- on the line; the future stability of Eu- village. In order to conceal the extent ment. The Yugoslav delegation, by con- rope is on the line; and the ethnic of the destruction they had wrought, trast, has stonewalled and, as charac- cleansing of the population of Kosovo the Serbian forces had bulldozed a terized by Mr. Verdine and Mr. Cook as is on the line. With all of these impor- large square block of the village and co-chairmen of the negotiations, ‘‘has tant interests on the line, I believe the carted off the debris. The bullet and tried to unravel the Rambouillet Ac- United States must do its part, in co- shell holes in the remaining structures cords.’’ And Slobodan Milosevic, when bore silent witness to the cruel way in operation with our NATO allies, to given a final chance to avoid NATO air which President Slobodan Milosevic’s carry out air operations and missile and missile attacks, stubbornly contin- forces punished the civilian population strikes to reduce the military capa- ued his ethnic cleaning of Kosovo. bility of the Serbian special police and in response to the resistance of the I will support the resolution, of Kosovo Liberation Army or KLA. Yugoslav Army to ethnically cleanse which I am an original cosponsor, and Kosovo is the scene of a horrendous Kosovo and touch off a broader war and I urge my colleagues to support it as humanitarian disaster. The United Na- create major instability in Europe. tions High Commissioner for Refugees well. I have been a strong supporter of the Mr. CRAIG. Mr. President, I yield 2 estimated last week that at least development of the European Security minutes to the Senator from Montana. 230,000 persons were displaced within and Defense Identity within NATO and The PRESIDING OFFICER. The Sen- Kosovo as a result of the conflict and a I want to take particular note of the ator from Montana is recognized. further 170,000 have fled from Kosovo in role that our NATO allies have been Mr. BURNS. Mr. President, we have the past year. That adds up to a total heard the debate on this floor. Now and are playing with respect to Kosovo. of about 400,000 people who had fled what is at hand? How many questions First of all, the Organization for Secu- their homes. That number increases on have we asked ourselves? Are we cross- rity and Cooperation in Europe or a daily basis as Milosevic’s forces con- ing international boundaries to inflict OSCE—a European dominated Organi- tinue their rampage. zation of 55 nations—stepped up to the During my visit to Kosovo, I met heavy damage or to destroy the ability plate and established the Kosovo with the political representative of the to make war in a sovereign nation? Are Verification Mission or KVM. The KVM KLA, Adem Demaci, with the elected we not making war? Are we not using has as its mission the monitoring of President of the Kosovo shadow gov- a treaty organization to participate in compliance with the October 1998 ernment, Dr. Ibrahim Rugova, and with a civil war? Is there a possibility that agreement negotiated between Ambas- the editor of the Albanian language we are being used to deal with a very sador Holbrooke and President newspaper Koha Ditore, Veton Surroi. acute and serious problem in the sta- Milosevic. My meeting with Adem Demaci, the bility of a region? Because the OSCEs KVM is unarmed, then political representative of the No one should question the motive of NATO established an Extraction Force, KLA, who was first arrested in 1958 any vote on this issue. Every Member which, as the name implies, is designed and, by his own admission has been of this body is capable of casting the to come to the aid of KVM personnel fighting for Kosovo independence, ever hard vote. One cannot clear his or her and to remove them from situations in since, had spent 28 years in Yugoslav conscience of the atrocities that have which their safety might be imperiled. jails for his campaign for independence been committed, and one can see the The Extraction Force is led by a for Kosovo, involved a friendly and oc- desperation on the faces of those who French general and is made up entirely casionally heated discussion. He stated are being displaced. But I say to you, of forces provided by our NATO allies. that he could not endorse any agree- the nations that are most affected The United States has provided 2 mili- ment that did not have a guarantee must now assume the responsibility tary personnel to serve in the Extrac- that the ethnic Albanians could decide that confronts them. To ask us to par- tion Force headquarters, but no com- their own future after three years. Mr. ticipate in a civil war, which is not our bat forces. Once again, our NATO allies Demaci resigned his position in protest character, is a lot to ask. Can we help? delivered. when Kosovar Albanian negotiators’ Yes, we can. We can do it in different When NATO was planning for a agreed in principle to the agreement at ways. But to ask us to place our men ground force to implement an interim Rambouillet. and women in harm’s way, to force sub- peace agreement in Kosovo with the Dr. Rugova, who has consistently es- mission of a people with deep resolve in consent of the parties, it was decided poused a policy of peaceful resistance, an area where not very many folks

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5196 CONGRESSIONAL RECORD—SENATE March 23, 1999 have ever been beaten into submission, the airstrikes will work. ‘‘Hopefully,’’ or not to support the troops. This is an that is asking of us a great deal. the airstrikes will bring Milosevic to authorization to the President to use I yield the floor. the bargaining table. ‘‘Hopefully,’’ military force against Serbia. Mr. BIDEN. Mr. President, I yield 2 there will be a peace agreement. If this were an appropriations bill to minutes to the Senator from Con- The question I ask is, What if our support a mission already underway, a necticut. best hopes are not realized? What if it mission which the President had or- The PRESIDING OFFICER. The Sen- doesn’t work? What happens then? I dered American troops to engage in, ator from Connecticut is recognized. raised that question to Secretary of there is no question that I assume all Mr. LIEBERMAN. I thank my friend Defense Cohen. I don’t believe the an- of us would have to support that and from Delaware. Mr. President, on swers were sufficient or satisfactory. would not vote against an appropria- Christmas Eve, 1992, President George There were far more questions than an- tion of funds—at least I would not vote Bush issued what is known as his swers. The President has not made the against an appropriation of funds—to ‘‘Christmas warning’’ to President case to the American people or to the support the troops. That is not what is Milosevic that if he attacked Kosovo, Congress. We all know the great limits involved here. This is an authorization NATO would have to respond. We had there are on airstrikes, the capability for the President. President Clinton reinforce that threat of airstrikes in changing behavior. Second, this is a vote to tell the as recently as last October. Milosevic There will be limits on these airstrikes President two things, I believe: No. 1, signed a cease-fire agreement in which and how successful they can be. Our before you send American troops in we again said to him, if you attack hearts go out to those who are suf- harm’s way, you need to have a dialog Kosovo, we will have to respond with fering, and they should. But I remind with the Congress and with the Amer- force. What has happened? He is at- my colleagues that there are massacres ican people to explain two things. tacking Kosovo. The International taking place in many places in this No. 1, you need to explain why there Finnish Pathological Team said a mas- world, including Sudan, where the level is a direct threat to the national secu- sacre occurred there in January. of carnage is far greater than what we rity of the United States. And there Kosovar women and children were put have seen in Kosovo. isn’t in this case. And, No. 2, you need on their knees and shot in the back of I asked the Secretary this afternoon to explain how your plan is going to their heads. what will be the cost in financial achieve the goals. Mr. President, if NATO does not act, terms? To my dismay, there is no esti- There are two goals there: to repeal and if the United States does not act to mate of what kind of dollars or costs, an attack by Serbia against Kosovo be consistent not just with the threats budgetary costs there will be. But the and to force the Serbs to enter into a we have made to him, the warnings he far greater cost will be in potential peace agreement. has ignored, but the principles that un- American casualties. We all know that The particular kind of military cam- derlie those warnings, it will be more the probability is high that there will paign planned here cannot achieve ei- than the Kosovars who will suffer ir- be the loss of American lives. So this ther goal, in my opinion. The quasi-po- reparable damage at the hands of the afternoon I did a lot of soul searching. lice forces going into Kosovo are not Serbians; NATO will be irreparably I thought about my 20-year-old son, easily stopped or impeded in their damaged and so, too, will the credi- Joshua. progress by cruise missiles. And, sec- bility of the United States. If it were him going in, could I in my ond, I suggest that the kind of plan Mr. President, some of my colleagues mind justify sending him in, and the here of a 48-hour, or similar hour, cam- say, ‘‘What’s the plan?’’ There is a plan tens of thousands of Joshes who are 20 paign with cruise missiles against here and we have heard it. There is a years old? Milosevic is not going to force him to response and we have options as we go I believe stability in the Balkans is his knees to invite peacekeepers into along. But I ask, what will happen if not a satisfactory answer. Kosovo. My guess is that he will, in we don’t act? If we don’t act, a mas- Mr. BIDEN. Mr. President, I yield 2 fact, rebel against it rather than suc- sacre will occur. There is great danger minutes to the distinguished Senator cumb to it. of a wider war in Kosovo, wider even from Rhode Island. For both of those reasons, I will vote than the one that would have occurred The PRESIDING OFFICER. The Sen- ‘‘no’’ on the resolution. if we left the conflict in Bosnia unat- ator from Rhode Island. tended. With all due respect to my Mr. CHAFEE. Mr. President, I sup- Mr. BIDEN. Mr. President, par- friend and dear colleague from Alaska port the resolution. I believe the dan- liamentary inquiry. How much time re- who suggested we may be beginning ger of inaction—of doing nothing— mains? world war III— greatly exceeds the dangers of action. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The time What are the dangers of inaction? ator has 4 minutes. of the Senator has expired. There are three, in my judgment. Mr. BIDEN. I yield 1 minute to the Mr. LIEBERMAN. Mr. President, I First, disintegration of instability in Senator from Minnesota, and then 2 ask the Senator for 30 seconds more. a key part of Europe. minutes to the Senator from Virginia. Mr. BIDEN. I don’t have it. I am Second, the acceleration of existing The PRESIDING OFFICER. The Sen- sorry. humanitarian catastrophes, which we ator from Minnesota is recognized for 1 Mr. LIEBERMAN. I will finish by have all seen. minute. saying I think what we are doing in au- Third, the unloosening of bombs that Mr. WELLSTONE. Mr. President, as thorizing this action is making sure tie us to NATO, bombs that cannot eas- a member of the Senate Foreign Rela- that world war III does not begin in the ily be renewed in the days ahead when tions Committee, I have for months Balkans. the need for NATO cooperation will be been closely monitoring the situation Mr. CRAIG. Mr. President, I yield 2 ever greater than it now is. in Kosovo, hoping and praying for a minutes to the Senator from Arkansas. So, for these three reasons, the dan- peaceful resolution to the crisis. I trav- Mr. HUTCHINSON. Mr. President, I gers of inaction, I hope the resolution eled there about 5 years ago, and have thank the Senator. I rise in opposition will be supported. seen for myself the conditions under to the resolution. I have all the con- I thank the leader. which millions of ethnic Albanians fidence in the world in the capability Mr. CRAIG. Mr. President, I yield 2 have struggled under increasing Serb of our military. But I think this is an minutes to the Senator from Arizona. repression. I have seen and visited with ill-advised mission. I heard my good The PRESIDING OFFICER. The Sen- U.S. military personnel posted along friend from Delaware, and I also heard ator from Arizona is recognized. the Macedonian border—including the Senator from Massachusetts use Mr. KYL. Thank you, Mr. President. some very young men from my home the word ‘‘hopefully.’’ In fact, that Mr. President, first of all, let me de- State—and I am well aware of the word was used repeatedly. ‘‘Hopefully,’’ clare that this is not a vote to support stakes involved in this debate.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5197 I and some of my colleagues have record what we believe our policy The airstrikes proposed by NATO, if been briefed by Secretary Cohen, Na- should be in Kosovo. Milosevic does not relent and sign on tional Security Advisor Berger, Sec- I have agonized over this decision, to the peace agreement, will represent retary Albright, Joint Chiefs of Staff and consulted widely with those in a very serious commitment. If NATO Chairman Shelton and others recently Minnesota whom I represent, with re- carries out these airstrikes, U.S. pilots about the very fluid and violent situa- gional political and military experts, will confront a well-trained and moti- tion there. and with others, and have tried to vated air defense force that is capable Now that the Albanian Kosovars have place in historical perspective what is of shooting down NATO aircraft. Ser- signed the Rambouillet agreement, and at stake here for our Nation. I have bian air defense troops are knowledge- the Serbs have forcefully rejected it, it tried, as I know my colleagues have, to able about U.S. tactics from their expe- is clear that the crisis has moved into weigh carefully the costs of military rience in Bosnia, are protected by a new phase. And now that the Serbs action in Kosovo against the dangers of mountainous terrain and difficult have in the last few days begun—slow- inaction. weather conditions, and are well-pre- ly, brutally, methodically—to expand Mr. President, one thing that is clear pared and equipped to endure a sus- their grip on Kosovo with a massive is that the situation on the ground in tained bombardment. force of an estimated over 40,000 Serb Kosovo today is unacceptable and like- Air Force Chief of Staff Gen. Michael police and army regulars, the situation ly to worsen considerably in the com- Ryan told the Senate Armed Services becomes more urgent with every passing weeks. The ongoing exodus as refu- Committee last week that casualties ing hour. Those Serb forces have been gees flee this latest major military op- are a ‘‘distinct possibility,’’ and Marine burning homes, taking the lives of in- eration mounted by the Yugoslav Commandant Gen. Charles Krulak said. nocent civilians along with KLA insur- Army over the last 3 weeks must be ‘‘It is going to be tremendously dan- gents, and forcing tens of thousands of contained. gerous.’’ innocent civilians to flee their homes This conflict has created, by some es- We not only risk losing our own pi- without food and shelter. Just in the timates, more than 400,000 refugees. A lots, but, even if our attacks are care- last few days, tens of thousands more spokesman for the United Nations High fully circumscribed, we run the risk of civilians have been forced from their Commission for Refugees estimated killing innocent Serb civilians. homes, with Serbian forces leaving that 20,000 have been displaced just in Before we decide to send our pilots their villages smoldering and in ruins the last week by military operations, into harm’s way we must be certain behind them in what appears to be most of them in the mountain range that we have exhausted all diplomatic their brutal final offensive. While re- just northwest of Pristina. As we all options and that we essentially have no ports have been barred from many know, Milosevic has already carried other choice. areas by Serb forces, it is clear what is out numerous massacres and other As I have grappled with this decision, going on there. Atrocities of various atrocities in Kosovo, including the I have tried to reduce it to its simplest kinds have become the signature of killing of more than 40 ethnic Albanian form: Will action now save more lives Serb military forces in Kosovo, just as civilians in the village of Racak in and prevent more suffering than no ac- it was for years in parts of Bosnia. January. tion. In recent days, including in his press Right now, there are tens of thou- Despite the dangers, I have concluded conference last Friday, the President sands of refugees on the move in that the NATO airstrikes which may has begun to articulate more clearly to Kosovo. These refugees are facing very soon be underway will save more lives Americans what he believes to be at basic problems of survival. They lack in the long run than they will cost. I stake there. The humanitarian disaster shelter. They need blankets and stoves. hope and pray that we do not suffer that’s been unfolding of months, and The fighting has knocked out the elec- any American casualties in these air has now been accelerated by the recent tricity and water supplies. There are operations, and that innocent civilian Serb onslaught, coupled with the seri- people right now huddling in cellars, casualties on both sides are kept to a ous concern that increased violence in and in unfinished houses, with their minimum, but I fear that if we do not Kosovo could spread throughout the re- families. According to an account in act now thousands will lose their lives gion, must be addressed forcefully. the New York Times, people who are in the coming months and years. While I know some of my colleagues refugees themselves are giving shelter A decision to use force is also justi- believe strongly that the administra- to refugees. One family is giving shel- fied by reasons that go beyond humani- tion has not articulated forcefully, ter to 80 people. tarian concerns. It has been argued by consistently and clearly the mission Serbian forces that have been massed the Administration that an intense and and goals of this use of force, and I still on the border of Kosovo are on the sustained conflict in Kosovo could send have some unanswered questions about march, and it is widely believed that tens of thousands of refugees across the administration’s military plans— they are planning to accelerate their borders and, potentially, draw Albania, including the precise timing and strat- advance west into the heartland of the Macedonia, Greece, and Turkey into egy for withdrawing U.S. and NATO rebel resistance and the base of its the war. We will not be able to contain forces from the region once their mis- command headquarters. The people of such a wider Balkan war without far sion is accomplished, provisions made Kosovo are terrified of such a massive greater risk and cost. And we could to protect United States forces against offensive. It is almost certain that we well face a greater humanitarian catas- sophisticated Serb air defense systems, will soon be hearing more stories of trophe than we face now. I am not just and likely casualties expected from massacres and displacements, of talking about a geopolitical abstrac- any military action—I believe there is women and children and elderly men tion, the stability of the region. I am little alternative for us but to inter- being summarily executed, and of fur- talking about the human cost of a vene with airstrikes as part of a NATO ther atrocities. wider Balkan conflict. force. I have called for months for tougher So as I see it, the immediate goal of I come to this conclusion, as I think action by NATO to avert the humani- NATO airstrikes would be to degrade many Americans have in recent days, tarian catastrophe that has now been Serbian military forces so that they reluctantly, and recognizing that all of re-ignited by the latest Serb attacks. I could not seriously threaten the ethnic the possible courses of action open to find it hard to stand by and let Albanians in Kosovo and also to force the United States in Kosovo present Milosevic continue with his relentless Milosevic into signing a peace agree- very serious risks. campaign of destruction. But I also ment that could end the fighting in But I am pleased that we are finally recognize the grave consequences Kosovo and bring stability to the re- having a real debate on this question which may follow if the U.S. leads a gion. on the Senate floor. As Senators, I be- military intervention into this com- I am not a Senator who supports lieve we should make it clear on the plicated situation. military action lightly. I still hope this

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5198 CONGRESSIONAL RECORD—SENATE March 23, 1999 conflict can be settled without an ac- Today, the most important issue to the United States. Senior defense offi- tual military engagement. But I feel the U.S. is our credibility in NATO. cials have warned that an air operation that we simply must act now to fore- For NATO, it was credibility that against Yugoslavia will be extremely stall a larger humanitarian crisis. pushed the majority of NATO members dangerous for U.S. and allied forces. Mr. President, in the end my support down the dangerous path toward mili- This is not Iraq. This is a rugged, for airstrikes in this situation arises tary intervention. At home and abroad mountainous region frequently shroud- from my deep conviction that we can- the President’s problem is credibility. ed in fog and protected by a sophisti- not let these kinds of atrocities and Likewise, it may be America’s problem cated air defense system. If the United humanitarian disasters continue if we abroad. NATO has issued a clear ulti- States sends aircraft into Yugoslav air have it in our power to stop them. I be- matum to a vicious aggressor. If Con- space as part of a NATO strike force, lieve that it is our duty to act. In this gress does not back U.S. efforts in we must understand—and accept—the case we cannot shirk our responsibility NATO, will the credibility problem re- risk of that operation. That risk in- to act. We cannot stand idly by. That’s flect on the United States? It may. cludes the possibility of downed air- why I intend to support the President’s However, these issues and questions craft, American hostages, and Amer- decision. come to us from the Administration’s ican casualties. Mr. President, I have agonized over faulty policies. Such policies have re- An operation of this magnitude and this vote. But I very honestly and sulted from timid piecemeal reasoning risk should not be undertaken without truthfully believe that if we do not and lack tough-minded decision-mak- the express support of Congress and the take this action as a part of the NATO ing worthy of the problem at hand. backing of the American people. We force that we will see a massacre of in- Bad national defense policy is about saw in Vietnam what happens when the to get us into serious trouble—again. nocent people—men, women, and chil- will of the people is not taken into con- The list of the administration’s failed dren. I do not believe that we or the sideration. international community can turn our peace missions is long and growing. I Only the President can lead the way am unconvinced that trying to resusci- gaze away from that. in this crisis. Only the President can tate these failed nation-states is in the Therefore, I rise tonight with con- rally the American people. Only the U.S. vital interest. The costs of U.S. in- cern, but, nevertheless, I want to say it President can mobilize the troops. Only volvement in nation-building are not in as honestly and as truthfully as I can the President can unite our NATO al- our national interests and should be reas a Senator from Minnesota. I do sup- lies. Only the President can explain to duced. The price tag of the Bosnia mis- port this resolution. I hope and pray the American people the reasoning for sion, for example, has already hit $12 that our forces will be safe. I hope and his intended action and the risks at- pray that there will be minimum loss billion, with no end in sight. The question is simple: Is it in the United tendant to it. I urged him last week to of civilian life. And I hope and pray make his case to the people as well as that by our actions we can prevent States’ best interest to have our troops in imminent danger, preoccupied with to the Congress. what I think otherwise will be an abso- Mr. President, I again urged the defending themselves against people lute catastrophe. President at the White House this I yield the floor. I thank my col- whom they have come to help, who morning to seek the support of the league. have shown little inclination for re- Congress for air strikes against Yugo- The PRESIDING OFFICER. The Sen- form at a great cost to America? This slavia. I asked him to make that re- ator from Virginia is recognized. is the path down which the administra- Mr. BIDEN. Mr. President, I would tion has taken the United States. We quest in writing to the Majority and suggest we alternate back and forth. are now involved in a steady run of Minority Leaders of the Senate. I am The PRESIDING OFFICER. The Sen- civil wars without clear solutions pleased that he has done so. I commend ator from Idaho. which involve failed nation-states. We him for recognizing the need to seek Mr. CRAIG. Mr. President, I yield 2 will soon drown in this kind of foolish- the support of Congress when the use of minutes to the Senator from South ness. Stemming civil wars should not force is contemplated. Carolina, Mr. THURMOND. be the main strategic challenge for the We do not know where this conflict The PRESIDING OFFICER. The Sen- United States. These kinds of mis- will lead. The winds of war are blowing ator from South Carolina. adventures do not really engage the over Kosovo today. Who knows what Mr. THURMOND. Mr. President, I strategic interest of the United States. fires those winds might fan. Bosnia. rise today in opposition to the pending Certainly, such ill-conceived adven- Montenegro. Macedonia. Albania. All resolution. tures do arrogantly endanger our are in danger of being drawn into a NATO was formed to defend Europe troops. I cannot support endangering conflagration in the Balkans. With against Soviet aggression, not to settle our troops without good reason. enough sparks, Greece and Turkey domestic problems. The NATO treaty Mr. BYRD. Mr. President, our worst could be drawn into the inferno. Al- was ratified with the advice and con- fears have been realized. Months of pa- though the conflict in Kosovo is far sent of the Senate. NATO’s mission has tient negotiations, bolstered by re- from our doorstep today, it could clearly changed without congressional peated threats of air strikes, have spread quickly, as wildfires are wont to consultation. Whether for good or bad failed. Yugoslav President Slobodan do. Today our credibility as a world reasons, NATO combat power is being Milosevic has defied the will and the leader is threatened. If the conflict in used to intimidate a sovereign coun- prayers of the world and has turned his Kosovo spreads, much more than our try—Serbia—into signing a peace back on the prospect of peace in credibility will be at stake. If we are to agreement on domestic problems. Kosovo. Indeed, he is intensifying his act at all, the time to act is now. What NATO has done in Bosnia relentless assault on the ethnic Alba- All we know for certain is that should not be used as reasoning for nian population of the Serbian prov- Slobodan Milosevic is a ruthless and U.S. action in Kosovo. President Clin- ince of Kosovo. It was made clear to me desperate leader. If anything, his defi- ton wrongly claims that NATO suc- and to many of us at the White House ance of NATO and his repression of the ceeded in Bosnia because of its air this morning that the question is no Kosovo Albanians are increasing as his strikes and economic sanctions against longer ‘‘whether’’ NATO will launch air options dwindle. Violence is mounting Yugoslavia. In fact, it was the success- strikes against Yugoslavia but ‘‘when.’’ in Kosovo, and thousands of ethnic Al- ful Croat ground offensive against Bos- It is entirely possible that by the time banian refugees have already fled their nian Serbs just before the 1995 Dayton these words are uttered, the machinery homes and villages. The bloodshed has agreement that forced Serbia’s compli- to launch an air offensive against begun. Let us pray to God that it will ance with the peace agreement. Like- Yugoslavia will have been put into mo- not turn into a bloodbath. wise, to resolve the problem NATO tion. The United States cannot stand idly faces today, ground force will probably This is a matter of immense impor- by and watch the catastrophe unfold- be required in Kosovo. tance and far-reaching consequence for ing in the Balkans. It is in our national

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5199 interest to support stability in this ment, as the Albanian side has done, garia, and NATO allies Greece and Tur- volatile region, to prevent the down- without further revisions. key, be drawn into a widening con- ward spiral into violence and chaos, President Clinton has decided and flagration? and to stem the humanitarian disaster the Pentagon has planned to deploy I don’t claim to be able to fully pre- spreading out of Kosovo like a con- about four thousand U.S. troops to par- dict what will happen if we do not act, tagion. Having raised the stakes so ticipate in a NATO-led peacekeeping but it seems to me we’re better off high, a failure to act decisively could force to help implement the interim stopping the conflict now than risking have untold consequences. agreement, once it has been signed by another world war sparked in the Bal- The President may have the primary both sides. I support this plan because kans. responsibility in the formulation and I stand behind its goals. United States Finally, I would remind my col- execution of foreign policy, but the armed forces should participate in a leagues that Milosevic and his police Congress has an equally weighty re- peacekeeping force in Kosovo. and military forces are killing people sponsibility, which is to authorize or I support the President’s determina- and driving them from their homes on refuse to authorize military action. tion that this must be a NATO-led the basis of their ethnicity—they are The resolution that we are currently force, with sufficient forces and appro- committing genocide. We have an obli- considering, which was drafted by a bi- priate rules of engagement to minimize gation and a responsibility to act to partisan group of Senators, endorses the risk of casualties and maximize stop genocide. air strikes, and only air strikes, prospects for success. How can we stand by and allow these against the Federal Republic of Yugo- U.S. participation is essential to the massacres to continue and claim to slavia. The goal of this resolution is credibility of NATO’s presence in stand for what is right in this world? The time has come to stop threat- twofold: to stop the violence in Kosovo Kosovo. ening and start making good on our before it escalates into all-out carnage, NATO’s peacekeeping role is essen- threats. There is too much at stake. and to convince President Milosevic in tial to the implementation of a peace I thank the Chair and yield the floor. the only terms he understands—brute agreement for Kosovo. And implemen- Mr. KERREY. Mr. President, I rise to force—to abandon his campaign of ter- tation of a peace agreement is essen- discuss the crisis in Kosovo. President ror against the Kosovars. tial to stop the killing—and end the Clinton and our NATO allies are at the Mr. President, my thoughts and atrocities in Kosovo—and allow people point of having no other option except prayers today are with the brave men to return to their homes and rebuild to conduct air attacks against Yugo- and women of the United States mili- their shattered lives. slav forces operating in and near the tary who are willing to put their lives But today we face a more immediate Yugoslav province of Kosovo. I regret on the line in order to save the lives of question: whether NATO should launch we are at this point, but that doesn’t countless strangers in a strange land. air strikes to stop the killing and end change the facts. At this crucial mo- And my thoughts and prayers are with the atrocities in Kosovo. ment, Congress should not tie the their families, the parents, spouses, In my view we must end Milosevic’s President’s hands or give Mr. Milosevic and children who will wait at home, reign of terror. the slightest reason to believe the fearing the outcome of every air strike, Some in this body have argued that United States will not join with its al- until this madman Milosevic can be these atrocities are an internal matter, lies in airstrikes against the Yugoslav brought to his senses. These are the that we should not get involved. units that are burning and shooting people to whom we have a duty to show Others have said U.S. national secu- their way through Kosovo as I speak. courage in the execution of our respon- rity interests in Kosovo do not rise to For this reason I will vote for the reso- sibility. My prayers are also with the a level that warrants military inter- lution. President. His is a heavy burden of re- vention. A requirement to use military force sponsibility. The decisions he makes in I strongly disagree with those asser- often follows a failure of diplomacy. the coming days will affect the lives of tions. That is not the case in Kosovo; this Ad- many Americans. He is embarked on a Allow me, therefore, to remind my ministration and our major European somber, sober, and serious under- colleagues of the fundamental United allies have worked hard to bring about taking, and I pray that he will find the States interests which are at stake a just and peaceful outcome in this Al- strength and guidance to bear the bur- here: banian-majority province which also dens of office that will weigh heavily The first is U.S. credibility, going all has such powerful historic and emo- on his shoulders as he faces this crisis. the way back to the Christmas warning tional significance for Serbs. A just Mr. LAUTENBERG. Mr. President, I issued by President Bush and re- and peaceful outcome would have been rise today to express my strong support affirmed by President Clinton. possible, but for the unwillingness of for President Clinton’s decision to use If we fail to act, our threats in other the Milosevic regime to govern Kosovo United States Armed Forces, together parts of the world will not be taken se- on any basis other than force and fear. with our NATO allies, to stop the kill- riously, and we may find ourselves hav- Common sense and appeals to higher ing in Kosovo and help bring peace and ing to actually use force more often. motives did no good, and now force will stability to a troubled region of Eu- The second is the credibility, cohe- meet overwhelming force in what can rope. sion, and future of NATO. As the 50th only be a tragic outcome for many International intervention to stop anniversary Summit approaches, I be- Yugoslav soldiers. the killing and atrocities in Kosovo is lieve we need to strengthen the Euro- The President is out of options, and long overdue. The United States, as the Atlantic partnership. we must support him and the aircrews world’s sole remaining superpower, Particularly when a crisis arises in who will carry out his orders. But I am must lead that international effort. Europe, we need to be able to act in under no illusions that airstrikes will Mr. President, I firmly believe NATO concert with allies who generally share fix the Kosovo problem. The best I hope must follow through on threats of air our interests and values and who have for is that the airstrikes will bring strikes unless Milosevic immediately the capability to undertake fully inte- Milosevic back to the table to accept a ends his assault on the people of grated military operations alongside NATO-brokered agreement for a peace- Kosovo and accepts the Contact U.S. armed forces. ful transition in Kosovo. Such an out- Group’s interim agreement. If we do Third, we need to prevent this con- come would at least stop the killing not, Milosevic will pursue his kind of flict from spreading. How can we ex- and would accustom all in the region peace in Kosovo—through ‘‘ethnic pect Albania to stay out of the conflict to the idea of an autonomous Kosovo. cleansing.’’ as their kin are being slaughtered? Even if we succeed to this extent—and Air strikes are a means to an end. I What is to prevent citizens of Mac- it is by no means certain we will—the hope Belgrade will agree to sign the edonia from joining up with different underlying instability in the region Contact Group’s interim peace agree- sides along ethnic lines? Would Bul- will persist.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5200 CONGRESSIONAL RECORD—SENATE March 23, 1999 The Kosovo problem is really the Kosovo, as well the Serbian people and I would not support the use of mili- problem of a minority ethnic group, all the people of the region, deserve a tary force unless we had first ex- the Albanians of Serbia, who have not dignified, secure peace. Diplomacy, hausted all other options. There are been fully accommodated. The Alba- supported by U.S. and other NATO air- three ways that America can best exert nian minority in Macedonia has the power and, when appropriate, European our leadership. First, through diplo- same problem. Within Albania proper ground troops, should aim to bring this macy. There is no question that we there is an ethnic Greek minority, and peace about. The United States should have done everything possible to re- concern for that minority has created concentrate on the bigger problems solve the Kosovo crisis peacefully tension in the past between Greece and which truly threaten us. through diplomacy. Second, we can Albania. My point is not to induce de- I yield the floor. apply sanctions or rewards. We have spair about the complexities and com- Ms. MIKULSKI. Mr. President, the applied sanctions to Serbia for many plexes of this one small corner of the Senate is now considering the gravest years with little tangible result. And Balkans, but rather to encourage Con- decision we are ever called upon to third, we can use our military to fight gress and the Administration to see the make. Do we send our troops into for our interests and our values. That region as a unity and work simulta- harm’s way to defend America’s values is the decision we face today. After ex- neously in all the affected countries to and interests? Do we use our military hausting diplomatic and economic op- promote solutions. Just fixing Kosovo to seek to end the brutal repression in tions, do we now use our military to won’t do it, and I’m not confident we a faraway country? force the Serbs to end their intran- can do even that. After careful thought and serious dis- sigence and repression? If airstrikes can begin a transition to cussions with our Secretary of State, The military action proposed by a Kosovo settlement, the next step will the Chairman of the Joint Chiefs of President Clinton meets three prin- be the insertion of a ground force to Staff, and the Secretary of Defense, I ciples I consider before supporting keep the transition peaceful. The Ad- will support U.S. participation in stra- military action. ministration has proposed this force in- tegic NATO air strikes against Serbian First of all, whenever possible, mili- clude about 4,000 American soldiers or military targets. Our objective is to tary action should be multilateral. In Marines, and has promised to deploy stop the killing and to weaken Yugo- Kosovo, we will be acting as part of this force only in a ‘‘permissive’’ envi- slav President Milosevic’s ability to NATO—with the nineteen allies shar- further hurt the people of Kosovo. ronment—meaning a Kosovo in which ing the burden. at least the leaders of the various fac- These objectives are crucial to achiev- Second, the military actions should tions agree to the presence of our ing durable peace and security in Eu- be strategic and proportional. We are troops. Mr. President, the resolution rope. authorizing air strikes against mili- There are two primary reasons that I before us does not deal with the ques- tary targets—like bases, military stor- support the limited use of force. First tion of ground troops. When that ques- age depots, and command and control of all, we must prevent further Serbian tion does arise, I will oppose any de- acts of genocide and ethnic cleansing. centers—and against key infrastruc- ployment of U.S. personnel on the Serbian actions have resulted in ter- ture—like roads and bridges that Serbs ground in Kosovo. The stability of the rible human suffering. The Serbs abol- use to reinforce Kosovo. entire planet depends on the readiness ished the Parliament and government And third, military actions must be and availability of the U.S. Armed of Kosovo in 1990. In response, the intended to achieve a specific goal. In Forces. We should not fritter them Kosovar Albanians maintained a policy this case, we are seeking to prevent away in peacekeeping missions in of nonviolent resistance for seven further atrocities and to weaken countries which do not rise to the level years. During this time, Milosevic eth- Milosevic’s ability to hurt the people of vital American interests. We should nically cleansed Kosovo—driving over of Kosovo. keep them ready for the contingencies 400,000 people out of their homes and Mr. President, I am disturbed by the that are truly in our league: Iraq and destroying hundreds of villages. For process that was initially established the Persian Gulf, the Koreas, Russian those who wouldn’t flee, Milosevic for this vote. The Senate should vote nuclear forces. Europe contains sought to starve them out—destroying on whether or not to authorize the use wealthy countries with the militaries farm land and blockading the shipment of force. Plain and simple. Instead, we that could take on local European mis- of food. are asked to cast a cloture vote on a sions like Kosovo. It is their problem, Reports from last night indicate that second degree amendment to an appro- and they should step up to it. further humanitarian catastrophes are priations bill. That is not the way to Mr. President, several other reasons imminent. Serbia is moving aggres- conduct foreign policy in the Senate. are raised to justify U.S. deployments sively to overrun and drive thousands That is why I voted against cloture to Kosovo. Some assert a ‘‘domino ef- more ethnic Albanians from their on this matter—and I will vote for a bi- fect’’ from Kosovo will plunge Europe homes. The Serbs have deployed 40,000 partisan resolution to authorize U.S. into war. After all, they say, World army and police units in Kosovo. Over participation in NATO air strikes War I started in the Balkans. But the the past weekend, over 10,000 Kosovars against Serbia. alliance systems, rival empires, and were forced to flee their homes fearing Mr. President, I still hope that the hair trigger mobilization plans of 1914 for their lives. And for good reason: a Serbs will back down. But if they are nowhere apparent in today’s Eu- brutal Serbian attack on the village of don’t, the Senate must show that we rope, so there is no need to fear a re- Racak in January resulted in the death back our troops one hundred percent. turn of World War I. We are then told of 45 civilians. Our airmen have excellent training and the instability could eventually cause Some of my colleagues have argued the best equipment in the world. They war between Greece and Turkey. But that we should consider military ac- will have the participation of our Greece and Turkey could have fought tion only if further humanitarian NATO allies. And they will have the over many things over the last forty atrocities occur. We cannot wait for prayers and support of the American years, most recently the Ocalan affair, genocide to occur before we act. people—who recognize their heroism. and they did not. There are rational Our second goal must be to stop this Mr. BIDEN. Mr. President, I yield leaders in Athens and Ankara who war from spreading and from threat- myself 1 minute. Of the 3 minutes re- know their own interests. Kosovo will ening stability and our national inter- maining, I yield myself 1 minute, and I not set them off. ests throughout central Europe. The ask my friend from Virginia to close on As I said, the Administration should ethnic tensions in Kosovo could spread behalf of the proponents. be praised for working for years on the to Albania, Macedonia and even to our There are a number of Senators who thankless task of trying to bring peace NATO allies, Greece and Turkey. Serb wished to speak today—Senator SPEC- to Kosovo. At this point, airstrikes are actions threaten the stability of the TER, Senator HAGEL, Senator SMITH. the last option available. The people of entire region. There are a number of people who

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5201 wanted to speak. In the interest of a Mr. President, this President has de- The PRESIDING OFFICER. The time limited time, we have been unable to cided that he doesn’t need our ap- of the Senator has expired. do that. And I apologize for that. proval. This vote tonight has nothing Mr. BIDEN. Mr. President, I ask But the reason why I think it is ap- to do with whether we agree or dis- unanimous consent I be able to proceed propriate that the Senator from Vir- agree, and we are sending that message for 30 seconds. ginia close the case for us is that no to him, because he has already told us The PRESIDING OFFICER. Without one has been more instrumental in he is going to do it. So it is a different objection, it is so ordered. bringing about the ability to vote up or request. It is a request saying, ‘‘I am Mr. BIDEN. I ask unanimous consent down on this proposal as well as the going to do this. Would you tonight the letter from President Clinton to outline of the proposal. concur that it is OK?’’ the leaders be printed in the RECORD. I thank him for his leadership. What a difference a President makes. Mr. STEVENS. It is already in the RECORD. I yield the remainder of the time George Bush didn’t do that when the Mr. BIDEN. I understand it is, but I under the control of the Senator from United States had a far more serious want to point out again where he says, Delaware to the Senator from Virginia. problem dependent upon oil—oil in ‘‘I ask for your legislative support as The PRESIDING OFFICER. The Sen- jeopardy in the Middle East, Iraq in- we address the crisis in Kosovo.’’ ator from Virginia is recognized. vades a sovereign country. And what I point out I was here, too, during the Mr. WARNER. Thank you, Mr. Presi- does he do? He sends us a letter and gulf crisis. I recall we were not even dent. says, ‘‘Would you concur, and if you do going to hold hearings in the Foreign I thank my distinguished colleague not I will not do it.’’ Now that is the Relations Committee. I recall the from Delaware. We have joined to- kind of true, dedicated President that President said he would not send up a gether many times in our two decades- gives credit to the elected representa- request for authority until it was clear plus here to work on what we felt was tives of the American people. that the Congress was going to revolt. absolutely essential in the best inter- We talk about this great Senate. Every President, of the six while I have ests of the country. I respect every col- Well, there is a great House, also. And been here, has been reluctant to do so. league and their votes, whichever way they deserve the right to pass judg- The PRESIDING OFFICER. The time it goes. There has been, I think, a sub- ment on this. And for us to sit around of the Senator has expired. The Sen- stantial debate—perhaps not as long as here tonight saying we finally made ator from New Mexico. I hoped. But, nevertheless, we had the the point, and we are going to get to Mr. DOMENICI. Mr. President, I had debate. And this is essential now. We decide whether he is or isn’t, that is the letter read to us this afternoon. could not have done it had it not been just a hoax. I do not believe we ought There is nothing in that letter that for the Senator from New Hampshire, to meddle in civil wars that have been says he will not do it if we do not Mr. SMITH, the Senator from Texas, going on for 800 years. We are not going agree. That is the difference. It says: I Mrs. HUTCHISON, and the Senator from to solve it unless we commit to have a ask, but I am going to do it anyway. West Virginia, Mr. BYRD, and others military force on the ground for per- Mr. BIDEN. If the Senator will yield, who joined in to make this possible— haps 100 years, because we are going to neither did President Bush; he didn’t and my good friend from Michigan, Mr. get involved through NATO. In fact, I say I will not do it if you do not do LEVIN. We made it happen. think we ought to begin to ask our this. Let’s get that straight. But this started with this Senator NATO general, we ought to begin to The PRESIDING OFFICER. The Sen- last September when I made my second wonder how in the world does he get in ator from Idaho. visit to Kosovo. Having come out of the middle of these negotiations and Mr. CRAIG. I reclaim my time and Bosnia and seeing that situation at then he makes commitments through yield the remainder of it to the Sen- that time, I have tirelessly worked on NATO and we say we have to live up to ator from New Hampshire. this issue ever since that period. And what has been committed through The PRESIDING OFFICER. The Sen- now I join my colleague from Delaware NATO? I think we ought to be able to ator from New Hampshire. Mr. SMITH of New Hampshire. Mr. to make it happen. commit that, too. It is our law. It is President, how much time is remain- But, Mr. President, my main concern not the other countries. They are put- has always been the investment of the ing? ting in very little. The PRESIDING OFFICER. There American people through this Congress I yield the floor. are 30 seconds remaining. in Bosnia—8-plus years, $9-plus billion, The PRESIDING OFFICER. The Sen- Mr. SMITH of New Hampshire. Mr. which could be severely at risk if this ator from Idaho. President, that is not very much time, area of the Balkans known as Kosovo Mr. CRAIG. I yield 1 minute to the but this is a very serious matter. It is and the environs thereto were to erupt Senator from Georgia. a vote that I wanted. I have been ask- and begin to take down what little The PRESIDING OFFICER. The Sen- ing for it for a number of days and progress we have achieved in Bosnia, ator from Georgia. weeks. Now we are here, and the Presi- Mr. COVERDELL. Mr. President, as and display before the world a mag- dent has already made up his mind. He nitude of human suffering and ethnic my good colleague from Virginia, I ap- didn’t really care particularly one way cleansing and crimes of horrific nature. preciate the conscientious nature of or the other how the Congress felt, So I know it has been a painful sub- every vote that will be cast tonight. I which is pretty much the way the for- ject for many. But I honestly believe was among those who visited with the eign policy has been conducted. Thou- that by supporting this vote we are President this morning and have strug- sands of people, hundreds of thousands doing what is in the best interests of gled with this. I have concluded that I have died in Rwanda. We are not firing mankind. cannot vote for this resolution. It is a missiles there. This is a mistake. This I yield the floor. declaration of war. There are going to is a civil war. We are attacking a sov- Mr. CRAIG addressed the Chair. be casualties. This resolution will not ereign nation without a declaration of The PRESIDING OFFICER. The Sen- bring about the adjusted behavior of war and we are going to regret it. ator from Idaho. Mr. Milosevic that is sought. The PRESIDING OFFICER. All time Mr. CRAIG. Mr. President, I yield 2 The lingering question throughout has expired. The question is on agree- minutes to the senior Senator from the day and throughout all the delib- ing to the concurrent resolution. New Mexico. erations is: What is next? That ques- Mr. LOTT addressed the Chair. The PRESIDING OFFICER. The Sen- tion has not been answered and it will The PRESIDING OFFICER. The ma- ator from New Mexico. surely come upon us as a result of this jority leader. Mr. DOMENICI. Mr. President, I vote tonight. This is a very grave deci- UNANIMOUS CONSENT AGREEMENT—FIRST spoke at length today, so I will try sion we are making for which the pros- CONCURRENT BUDGET RESOLUTION very hard to not even use the 2 min- pects of a solution, as proposed in this Mr. LOTT. Mr. President, I ask unan- utes. resolution, are nil. imous consent the Senate proceed to

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5202 CONGRESSIONAL RECORD—SENATE March 23, 1999 the first concurrent budget resolution S. CON. RES. 21 that score. I want to say just one more at 9:30 a.m. on Wednesday and there be Resolved by the Senate (the House of Rep- thing. This was a very difficult vote, 35 hours remaining for debate as pro- resentatives concurring), That the President of and I echo the words that were stated vided under the Budget Act. the United States is authorized to conduct by several people here. On these mat- military air operations and missile strikes in ters—and I give credit to Senator NICK- The PRESIDING OFFICER. Without cooperation with our NATO allies against objection, it is so ordered. the Federal Republic of Yugoslavia (Serbia LES, who is the No. 2 man on the Re- Mr. LOTT. In light of that agree- and Montenegro). publican side—when we were negoti- ment, the vote on the Kosovo resolu- Mr. BIDEN addressed the Chair. ating, I asked him how many votes are tion will be the last vote tonight. The The PRESIDING OFFICER. The Sen- for this. He said, ‘‘I did not whip this.’’ Senate will start the budget resolution ator from Delaware. In our jargon, we know that to mean: tomorrow. Obviously, hard work will Mr. BIDEN. Madam President, I ref- ‘‘I did not go out and count votes. This be in order for the Senate to complete erenced earlier the significant help and is not a partisan matter. This is some- action on the budget resolution prior leadership of the Senator from Vir- thing that should be left to the con- to the recess, but we must do that. ginia, but what I did not mention was science of each Senator.’’ Hopefully we could get it completed by the person who carried the ball on this The fact of the matter is, when my Friday. side of the aisle, the Senator from colleagues came up to me before the I yield the floor. Michigan, Senator LEVIN. vote started and said, ‘‘How many The PRESIDING OFFICER. The You know that old expression, suc- votes do you have?’’ I said to them, ‘‘I question is on agreeing to the concur- cess has a thousand fathers and moth- did not do it.’’ rent resolution. ers and failure is an orphan. Hopefully, I did not know how many votes were Mr. BOND. Mr. President, I ask for I am not going to be praising him and here for this resolution, but I thought the yeas and nays. others and it turns out that what we it was important that the Senate go on The PRESIDING OFFICER. Is there a have done tonight is a mistake. I think record exercising its responsibility in sufficient second? it is not a mistake. I think it is nec- this area. I do not think the President There is a sufficient second. essary. I think it is going to make for has the authority to use force in this The yeas and nays were ordered. the possibility of some peace in the re- nature without our approval, a concur- The PRESIDING OFFICER. The gion. rent resolution, or any statement by clerk will call the roll. I want to tell the Senator from us, assuming the House makes a simi- The assistant legislative clerk called Michigan how much a pleasure it is to lar statement, and meets the constitu- the roll. work with him. I mean with him. As tional criteria that he has the author- Mr. NICKLES. I announce that the my grandfather used to say, he is the ity. horse that carried the sleigh. He is the Senator from Mississippi (Mr. COCH- But again I want to make it clear guy who maneuvered us through all RAN) is absent because of a death in the that I respect those who voted against family. this to get to the resolution. I person- it. There are very strong reasons to ally thank him and tell him how much The PRESIDING OFFICER. (Ms. COL- vote no. I think the reasons to vote yes I enjoyed working with him. are stronger. And no one, particularly LINS). Are there any other Senators in Mr. LEVIN. Will the Senator yield? the Chamber who desire to vote? the Senator from Delaware, can tell Mr. BIDEN. I yield the floor. this Senate where this action is going The result was announced—yeas 58, Mr. LEVIN. Madam President, I nays 41, as follows: to lead. It is a very tough call. thank my friend from Delaware. His I am confident, in my view, that [Rollcall Vote No. 57 Leg.] leadership is what carried this resolu- there is more of a danger in not acting YEAS—58 tion to a bipartisan conclusion, along than in acting, both constitutionally Abraham Hagel Mikulski with the Senator from Virginia. I pay and practically. But I just want the Akaka Harkin Moynihan particular, really, homage to both of record to reflect that everyone in this Baucus Hatch Murray them. This is a very difficult vote for debate, including the discussion at the Bayh Inouye Reed all of us, whichever side of this resolu- Biden Jeffords White House—the Presiding Officer is Reid tion we voted on. It is very important Boxer Johnson Robb younger than the Senator from Dela- Breaux Kennedy it be a bipartisan vote. It is important Rockefeller ware, as is the Senator from Louisiana, Bryan Kerrey Roth to our troops, first and foremost. It is Byrd Kerry Sarbanes who is on the floor, is younger than the Chafee Kohl important we send a bipartisan mes- Schumer Senator from Delaware. I came here in Cleland Landrieu sage to Milosevic so there not be any Shelby 1973 as a Senator. I was 29 years old. Conrad Lautenberg misunderstanding or miscalculation. Smith (OR) I remember one of the things that I Daschle Leahy The leaders in the effort to do that DeWine Levin Snowe resented the most keenly was that at Specter were the first two names on that reso- Dodd Lieberman the time, for those of us who opposed Dorgan Lincoln Torricelli lution, and they are Senators BIDEN the Vietnam war, at least in some Durbin Lugar Warner and WARNER. Edwards Mack Wellstone I commend them for their leadership. quarters on this floor, and at times Feinstein McCain Wyden with the then-sitting President, we Graham McConnell Mr. CRAIG addressed the Chair. The PRESIDING OFFICER. The Sen- were told we were giving, by our oppo- NAYS—41 ator from Idaho is recognized. sition, this great deal of help to the Allard Enzi Kyl Mr. CRAIG. Madam President, while North Vietnamese; we were hurting our Ashcroft Feingold Lott I opposed the concurrent resolution troops who were overseas; we were ba- Bennett Fitzgerald Murkowski which was adopted this evening, I sically un-American for objecting to Bingaman Frist Nickles Bond Gorton Roberts think it is very important that it be the war. Brownback Gramm Santorum said, once again, that this resolution One of the generational changes that Bunning Grams Sessions does in no way authorize the commit- has taken place—I want the record to Burns Grassley Smith (NH) Campbell Gregg ment of ground troops and that the show this—sitting with a number of Stevens Collins Helms Senators and Congresspersons—I am Thomas President certainly—I think this Sen- Coverdell Hollings Thompson ator believes as many others do—needs guessing the number at 20—in the pri- Craig Hutchinson vate residence this morning, the Presi- Crapo Hutchison Thurmond to seek the counsel of the Congress if Domenici Inhofe Voinovich that day should become necessary, in dent of the United States said to us as- at least the eyes of our Commander in sembled he wanted to make one thing NOT VOTING—1 Chief, that he consult fully with us on clear, that he respected the Congress Cochran that issue. voting. He knew some who opposed The concurrent resolution (S. Con. Mr. BIDEN. Madam President, I con- were going to be told that Milosevic is Res. 21) was agreed to as follows: cur with the Senator from Idaho on listening and he is going to take some

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5203 confidence from this; he is going to The PRESIDING OFFICER. Without reached, history will never forgive the somehow be emboldened by the opposi- objection, it is so ordered. failure to carry it forward.’’ tion. f He said, ‘‘I want you to know I think f THE VERY BAD DEBT BOXSCORE you have an absolute right and obligation, if you believe that way, to object. Mr. HELMS. Madam President, at SIXTIETH ANNIVERSARY OF I will never be one who will tell you the close of business yesterday, Mon- BOONVILLE, MO, LIONS CLUB day, March 22, 1999, the federal debt that, notwithstanding he is watching Mr. ASHCROFT. Madam President, I stood at $5,642,227,279,510.37 (Five tril- this on CNN in Belgrade, that somehow am pleased to offer my enthusiastic lion, six hundred forty-two billion, two you’re undermining our effort. Were we congratulations to the Boonville, Mis- hundred twenty-seven million, two to apply that standard,’’ he said, ‘‘we souri Lions Club which celebrates its hundred seventy-nine thousand, five would never be able to debate in this 60th anniversary on April 17, 1999. hundred ten dollars and thirty-seven society the important issues.’’ Long before President Bush spoke of cents). So the reason I mention that is not a ‘‘thousand points of light,’’ the Lions Five years ago, March 22, 1994, the to give particular credit to the Presi- sparkled in Boonville. Over the years federal debt stood at $4,557,220,000,000 dent, although in this case he deserves they have been recognized for their (Four trillion, five hundred fifty-seven it, but he came from that same genera- tireless work to aid both research and billion, two hundred twenty million). tion. I think we have moved to a posi- victims of sight and hearing impair- Ten years ago, March 22, 1989, the tion here where we have debated, in the ments, diabetes, and other maladies. federal debt stood at $2,736,549,000,000 last several years, the major conten- Always a strong force in local char- (Two trillion, seven hundred thirty-six tious issues relating to our peace and ities, they truly embody their motto: billion, five hundred forty-nine mil- security, and that when the debate has ‘‘We Serve.’’ lion). been finished, when it has gone on, it The Lions Club of Boonville has en- Fifteen years ago, March 22, 1984, the has been cordial and it has not been joyed sixty years of achievement federal debt stood at $1,465,629,000,000 partisan. through good deeds and good fellow- (One trillion, four hundred sixty-five When it has been finished, there has ships. I salute them. been unanimity and support of Amer- billion, six hundred twenty-nine million). ican forces. The same occurred in the f gulf. After the gulf, many of us voted Twenty-five years ago, March 22, 1974, the federal debt stood at no. I was one who voted no. And at the THE TENTH ANNIVERSARY OF THE $471,830,000,000 (Four hundred seventy- end of the day, we all said, once the DEPARTMENT OF VETERANS AF- one billion, eight hundred thirty mil- Senate spoke, once the President FAIRS spoke, once the Congress spoke, we lion) which reflects a debt increase of would stay the course. more than $5 trillion— Mr. SPECTER. Madam President, I So I thank my friend from Idaho who $5,170,397,279,510.37 (Five trillion, one congratulate the Department of Vet- was in opposition, my friend, the Pre- hundred seventy billion, three hundred erans Affairs on its 10th anniversary of siding Officer, who had a different view ninety-seven million, two hundred sev- becoming a cabinet level department of on this to tell you. And I am not being enty-nine thousand, five hundred ten the federal government. On March 15, solicitous. It is important for the dollars and thirty-seven cents) during 1989, the new Department of Veterans American people to know we do not al- the past 25 years. Affairs was established, headed by a ways disagree based on our partisan in- f Secretary of Veterans Affairs. Over the past ten years, VA has stincts here. GEORGE MITCHELL’S MEDAL OF The judgments made by every Sen- worked hard to fulfill its commitments FREEDOM ator on this floor today were made to our nation’s veterans by providing with their intellect and their heart, on Mr. KENNEDY. Madam President, benefits and health care to millions of the direction that they thought was in few individuals have made a greater Americans who have given so much to the best interest of the country. I contribution to the cause of peace in protect and defend our country and its think the right outcome occurred, but Northern Ireland than our friend and liberties. Among VA’s many contribu- I do not in any way—in any way—ques- former Senate colleague, Senator tions: VA research scientists and prac- tion the motivation, or am I so certain George Mitchell. His leadership was in- titioners have led in the advancement of my own position that I would be dispensable in helping the political of medical research and health care de- willing to guarantee either of my col- leaders of Northern Ireland achieve the livery; VA benefits such as home loans, leagues that they are wrong. I think historic Good Friday Peace Agreement life insurance and educational support they were wrong. I think I am right. of 1998. have been immensely helpful in But we are approaching this in the way Last Wednesday, on St. Patrick’s transitioning active duty military we should, openly and in a nonpartisan Day, President Clinton presented Sen- members back into civilian life; and way. I want to thank the Republican ator Mitchell with the nation’s highest VA disability payments aid veterans leadership for proceeding this way and civilian honor, the Presidential Medal injured in the line of duty as partial thank my colleagues for the way in of Freedom. In accepting the award, compensation by a grateful nation for which we conducted this debate earlier. Senator Mitchell demonstrated again their many sacrifices. I yield the floor. why he has been so vital to the peace As Chairman of the Committee on Mr. CRAIG addressed the Chair. process. He spoke directly and mov- Veterans’ Affairs, I will help ensure The PRESIDING OFFICER. The Sen- ingly to the political leaders on both that VA sustains these many programs ator from Idaho. sides of Northern Ireland, many of to meet the myriad needs of an aging Mr. CRAIG. Madam President, I whom were in the White House audi- veteran population. I am certain my thank my colleague from Delaware for ence. He reminded them of how far colleagues share that commitment as those remarks. they had come in their search for well. f peace. He urged them to resolve the The mission of the VA, as enunciated current difficulties and enable the by President Abraham Lincoln, is ‘‘To MORNING BUSINESS peace agreement to continue to be im- care for him who shall have borne the Mr. CRAIG. Madam President, I ask plemented. battle, and for his widow, and his or- unanimous consent that the Senate As he said so eloquently, ‘‘History phan.’’ Congratulations to the Depart- now proceed to a period of morning might have forgiven failure to reach an ment of Veterans Affairs, and may it business, with Senators permitted to agreement, since no one thought it pos- continue to serve our nation well for speak for up to 10 minutes each. sible. But once the agreement was years to come.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.001 S23MR9 5204 CONGRESSIONAL RECORD—SENATE March 23, 1999 CONGRATULATIONS TO LIEUTEN- from the President of the United and Information, Environmental Protection ANT COLONEL ALLEN ESTES, States submitting sundry nominations Agency, transmitting, pursuant to law, the P.E. which were referred to the appropriate report of a rule entitled ‘‘Administrative Re- committees. porting Exemptions for Certain Radionuclide Mr. ASHCROFT. Madam President, Releases’’ (FRL6309–3) received on March 15, congratulations to Lieutenant Colonel (The nominations received today are 1999; to the Committee on Environment and Allen Estes, P.E., for being selected as printed at the end of the Senate pro- Public Works. one of ten finalists for the National So- ceedings.) EC–2267. A communication from the Direc- ciety of Professional Engineers (NSPE) f tor of the Office of Regulatory Management Federal Engineer of the Year Award. and Information, Environmental Protection MEASURE REFERRED Agency, transmitting, pursuant to law, the This is an intense engineering competi- The Committee on Health, Edu- report of a rule entitled ‘‘Approval and Pro- tion of highly trained and dedicated cation, Labor, and Pensions was dis- mulgation of Implementation Plans; State of federal employees, both military and charged from further consideration of Iowa’’ (FRL6310–7) received on March 12, 1999; civilian. The candidates are accom- to the Committee on Environment and Pub- the following measure which was re- plished in their education, service, and lic Works. ferred to the Committee on Foreign leadership to accomplish their agen- EC–2268. A communication from the Direc- Relations: cies’ missions. They have performed tor of the Office of Regulatory Management above and beyond their job descriptions S. Con. Res. 1. Concurrent resolution ex- and Information, Environmental Protection pressing the congressional support for the Agency, transmitting, pursuant to law, the and represent the best and the bright- International Labor Organization’s Declara- report of a rule entitled ‘‘Approval and Pro- est among those who work for all the tion of Fundamental Principles and Rights mulgation of State Air Quality Plans for citizens of the United States. at Work. Designated Facilities and Pollutants; Alle- Lieutenant Colonel Estes commands f gheny County, Pennsylvania; Control of the 169th Engineer Battalion at Fort Landfill Gas Emissions from Existing Munic- Leonard Wood, Missouri, where he EXECUTIVE AND OTHER ipal Solid Waste Landfills’’ (FRL6311–3) re- oversees the training, discipline, and COMMUNICATIONS ceived on March 12, 1999; to the Committee management of over 2,000 new soldiers The following communications were on Environment and Public Works. EC–2269. A communication from the Direc- a year in nine different military engi- laid before the Senate, together with tor of the Office of Regulatory Management neering occupational specialities. He accompanying papers, reports, and doc- and Information, Environmental Protection contributes immeasurably to his com- uments, which were referred as indi- Agency, transmitting, pursuant to law, the munity by teaching night courses to cated: report of a rule entitled ‘‘Transportation soldiers and donating that salary to EC–2261. A communication from the Direc- Conformity Rule Amendment for the Trans- charities and battalion activities. tor of the United States Nuclear Regulatory portation Conformity Pilot Program’’ Lieutenant Colonel Estes is a pioneer Commission, transmitting, pursuant to law, (FRL6309–6) received on March 12, 1999; to the in the application of system reliability the report of a rule entitled ‘‘Program-Spe- Committee on Environment and Public Works. and optimization techniques for engi- cific Guidance About Self-Shielded Irradiator Licenses’’ (NIREG–1556) received EC–2270. A communication from the Direc- neering structures. His leadership, ac- on March 15, 1999; to the Committee on Envi- tor of the Office of Regulatory Management complishments, community service, ronment and Public Works. and Information, Environmental Protection and participation in professional orga- EC–2262. A communication from the Direc- Agency, transmitting, pursuant to law, the nizations make him ideally suited for tor of the Office of Congressional Affairs, report of a rule entitled ‘‘Approval and Pro- the Federal Engineer of the Year U.S. Nuclear Regulatory Commission, trans- mulgation of Implementation Plans; Geor- Award. mitting, pursuant to law, the report of a rule gia: Approval of Revisions to the Georgia Other finalists for this award who de- entitled ‘‘Standard Review Plan on Foreign State Implementation Plan’’ (FRL6306–2) received on March 11, 1999; to the Committee serve recognition are Gregory M. Ownership, Control, or Domination’’ received on March 16, 1999; to the Committee on Envi- on Environment and Public Works. Cunningham, Gary M. Erickson, James ronment and Public Works. EC–2271. A communication from the Direc- D. Wood, George L. Sills, Georgine K. EC–2263. A communication from the Direc- tor of the Office of Regulatory Management Glatz, Brent W. Mefford, Luis Javier tor of the Office of Congressional Affairs, Nu- and Information, Environmental Protection Malvar, Lieutenant Kirsten Lea clear Regulatory Commission, transmitting, Agency, transmitting, pursuant to law, the Nielsen, and Charles D. Wagner. pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Phase 2 Emission ‘‘Policy and Procedure for NRC Enforcement Standards for New Nonroad Spark-Ignition f Actions; Interim Enforcement Policy for Nonhandheld Engines At or Below 19 Kilo- MESSAGES FROM THE PRESIDENT Generally Licensed Devices Containing By- watts’’ (FRL6308–6) received on March 11, product Material’’ (10 CFR 1.5) received on 1999; to the Committee on Environment and Messages from the President of the March 16, 1999; to the Committee on Environ- Public Works. United States were communicated to ment and Public Works. EC–2272. A communication from the Ad- the Senate by Mr. Williams, one of his EC–2264. A communication from the Direc- ministrator of the Farm Service Agency, De- secretaries, on March 22, 1999. tor of the Office of Regulatory Management partment of Agriculture, transmitting, pur- EXECUTIVE MESSAGES REFERRED and Information, Environmental Protection suant to law, the report of a rule entitled ‘‘Recourse Loan Regulations for Mohair’’ As in executive session the Presiding Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Approval and Pro- (RIN0560–AF63) received on March 16, 1999; to Officer laid before the Senate messages mulgation of State Plans for Designated Fa- the Committee on Agriculture, Nutrition, from the President of the United cilities and Pollutants: Oklahoma’’ and Forestry. States submitting sundry nominations (FRL6312–5) received on March 16, 1999; to the EC–2273. A communication from the Ad- which were referred to the appropriate Committee on Environment and Public ministrator of the Farm Service Agency, De- committees. Works. partment of Agriculture, transmitting, pur- (The nominations received yesterday EC–2265. A communication from the Direc- suant to law, the report of a rule entitled were printed at the end of the Senate tor of the Office of Regulatory Management ‘‘Recourse Loan Regulations for Honey’’ (RIN0560–AF62) received on March 16, 1999; to proceedings of March 22, 1999). and Information, Environmental Protection Agency, transmitting, pursuant to law, the the Committee on Agriculture, Nutrition, f report of a rule entitled ‘‘Approval and Pro- and Forestry. MESSAGES FROM THE PRESIDENT mulgation of Implementation Plans; Cali- EC–2274. A communication from the Direc- fornia State Implementation Plan Revision, tor of the Office of Regulatory Management Messages from the President of the Sacramento Metropolitan and South Coast and Information, Environmental Protection United States were communicated to Air Quality Management Districts and San Agency, transmitting, pursuant to law, the the Senate by Mr. Williams, one of his Joaquin Valley Unified Air Pollution Control report of a rule entitled ‘‘Azoxystrobin; Pes- secretaries. District’’ (FRL6239–8) received on March 15, ticide Tolerance’’ (FRL6064–6) received on 1999; to the Committee on Environment and March 11, 1999; to the Committee on Agri- EXECUTIVE MESSAGES REFERRED Public Works. culture, Nutrition, and Forestry. As in executive session the Presiding EC–2266. A communication from the Direc- EC–2275. A communication from the Direc- Officer laid before the Senate messages tor of the Office of Regulatory Management tor of the Office of Regulatory Management

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5205 and Information, Environmental Protection Federal Aviation Administration, Depart- EC–2294. A communication from the Pro- Agency, transmitting, pursuant to law, the ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, report of a rule entitled ‘‘Dicloran; Exten- suant to law, the report of a rule entitled Federal Aviation Administration, Depart- sion of Tolerance for Emergency Exemp- ‘‘Airworthiness Directives; Boeing Model ment of Transportation, transmitting, pur- tions’’ (FRL6065–6) received on March 11, 737–100, –200, –300, –400, and –500 Series Air- suant to law, the report of a rule entitled 1999; to the Committee on Agriculture, Nu- planes’’ (Docket 98–NM–375–AD) received on ‘‘Airworthiness Directives; Eurocopter trition, and Forestry. March 15, 1999; to the Committee on Com- France Model SA. 315B, SA. 316B, SA. 316C, EC–2276. A communication from the Direc- merce, Science, and Transportation. SA. 319B, and SE. 3160 Helicopters’’ (Docket tor of the Office of Regulatory Management EC–2286. A communication from the Pro- 97–SW–14–AD) received on March 4, 1999; to and Information, Environmental Protection gram Analyst, Office of the Chief Counsel, the Committee on Commerce, Science, and Agency, transmitting, pursuant to law, the Federal Aviation Administration, Depart- Transportation. report of a rule entitled ‘‘Maneb (manganous ment of Transportation, transmitting, pur- EC–2295. A communication from the Pro- ethylenebisdithiocarbamate); Pesticide Tol- suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, erances for Emergency Exemptions’’ ‘‘Revision of Class E Airspace; Oakdale, LA’’ Federal Aviation Administration, Depart- (FRL6067–9) received on March 11, 1999; to the (Docket 94–ASW–03) received on March 04, ment of Transportation, transmitting, pur- Committee on Agriculture, Nutrition, and 1999; to the Committee on Commerce, suant to law, the report of a rule entitled Forestry. Science, and Transportation. ‘‘Airworthiness Directives; Boeing Model EC–2277. A communication from the Direc- EC–2287. A communication from the Pro- 757–200 Series Airplanes’’ (Docket 98–NM–238– tor of the Office of Regulatory Management gram Analyst, Office of the Chief Counsel, AD) received on March 4, 1999; to the Com- and Information, Environmental Protection Federal Aviation Administration, Depart- mittee on Commerce, Science, and Transpor- Agency, transmitting, pursuant to law, the ment of Transportation, transmitting, pur- tation. report of a rule entitled ‘‘Pendimethalin; Ex- suant to law, the report of a rule entitled EC–2296. A communication from the Pro- tension of Tolerances for Emergency Exemp- ‘‘Standard Instrument Approach Procedures; gram Analyst, Office of the Chief Counsel, tions’’ (FRL6063–9) received on March 11, Miscellaneous Amendments’’ (Docket 29475) Federal Aviation Administration, Depart- 1999; to the Committee on Agriculture, Nu- received on March 4, 1999; to the Committee ment of Transportation, transmitting, pur- trition, and Forestry. on Commerce, Science, and Transportation. suant to law, the report of a rule entitled EC–2278. A communication from the Direc- EC–2288. A communication from the Pro- ‘‘Airworthiness Directives; McDonnell Doug- tor of the Office of Regulatory Management gram Analyst, Office of the Chief Counsel, las Helicopter Systems Model MD–900 Heli- and Information, Environmental Protection Federal Aviation Administration, Depart- copters’’ (Docket 98–SW–34–AD) received on Agency, transmitting, pursuant to law, the ment of Transportation, transmitting, pur- March 4, 1999; to the Committee on Com- report of a rule entitled ‘‘Propiconazole; Es- suant to law, the report of a rule entitled merce, Science, and Transportation. tablishment of Time-Limited Pesticide Tol- ‘‘Standard Instrument Approach Procedures; EC–2297. A communication from the Pro- erances’’ (FRL6068–4) received on March 11, Miscellaneous Amendments’’ (Docket 29474) gram Analyst, Office of the Chief Counsel, 1999; to the Committee on Agriculture, Nu- received on March 4, 1999; to the Committee Federal Aviation Administration, Depart- trition, and Forestry. on Commerce, Science, and Transportation. ment of Transportation, transmitting, pur- EC–2279. A communication from the Direc- EC–2289. A communication from the Pro- suant to law, the report of a rule entitled tor of the Office of Regulatory Management gram Analyst, Office of the Chief Counsel, ‘‘Airworthiness Directives; Boeing Model 747 and Information, Environmental Protection Federal Aviation Administration, Depart- Series Airplanes’’ (Docket 97–NM–254–AD) re- Agency, transmitting, pursuant to law, the ment of Transportation, transmitting, pur- ceived on March 4, 1999; to the Committee on report of a rule entitled ‘‘Propiconazole; Ex- suant to law, the report of a rule entitled Commerce, Science, and Transportation. EC–2298. A communication from the Pro- tension of Tolerances for Emergency Exemp- ‘‘Airworthiness Directives; Bell Helicopter gram Analyst, Office of the Chief Counsel, tions’’ (FRL6064–2) received on March 11, Textron, Inc. Model 214B and 214B–1 Heli- Federal Aviation Administration, Depart- 1999; to the Committee on Agriculture, Nu- copters’’ (Docket 94–SW–23–AD) received on ment of Transportation, transmitting, pur- trition, and Forestry. March 4, 1999; to the Committee on Com- EC–2280. A communication from the Direc- merce, Science, and Transportation. suant to law, the report of a rule entitled tor of the Office of Regulatory Management EC–2290. A communication from the Pro- ‘‘Airworthiness Directives; British Aerospace and Information, Environmental Protection gram Analyst, Office of the Chief Counsel, Jetstream Model 3101 Airplanes’’ (Docket 98– Agency, transmitting, pursuant to law, the Federal Aviation Administration, Depart- CE–99–AD) received on March 4, 1999; to the Committee on Commerce, Science, and report of a rule entitled ‘‘Tebufenozide; Pes- ment of Transportation, transmitting, pur- Transportation. ticide Tolerances for Emergency Exemp- suant to law, the report of a rule entitled ‘‘Airworthiness Directives; Boeing Model 747 EC–2299. A communication from the Pro- tions’’ (FRL6065–2) received on March 11, gram Analyst, Office of the Chief Counsel, 1999; to the Committee on Agriculture, Nu- Series Airplanes’’ (Docket 98–NM–76–AD) received on March 4, 1999; to the Committee on Federal Aviation Administration, Depart- trition, and Forestry. ment of Transportation, transmitting, pur- EC–2281. A communication from the Sec- Commerce, Science, and Transportation. suant to law, the report of a rule entitled retary of Transportation, transmitting, pur- EC–2291. A communication from the Pro- ‘‘Airworthiness Directives; Raytheon Air- suant to law, the Department’s report enti- gram Analyst, Office of the Chief Counsel, craft Company 17, 18, 19, 23, 24, 33, 35, 36/A36, tled ‘‘National Plan of Integrated Airport Federal Aviation Administration, Depart- A36TC/B36TC, 45, 50, 55, 56, 58, 58P, 58TC, 60, Systems, 1998–2002’’; to the Committee on ment of Transportation, transmitting, pursuant to law, the report of a rule entitled 65, 70, 76, 77, 80, 88, and 95 Series Airplanes’’ Commerce, Science, and Transportation. (Docket 98–CE–61–AD) received on March 4, EC–2282. A communication from the Sec- ‘‘Airworthiness Directives; The New Piper 1999; to the Committee on Commerce, retary of Commerce, transmitting, pursuant Aircraft, Inc. PA–23, PA–24, PA–28, PA–32, and PA–34 Series Airplanes’’ (Docket 98–CE– Science, and Transportation. to law, the Department’s report on the EC–2300. A communication from the Pro- 110–AD) received on March 4, 1999; to the Baldrige National Quality Program’s first 10 gram Analyst, Office of the Chief Counsel, Committee on Commerce, Science, and years; to the Committee on Commerce, Federal Aviation Administration, Depart- Transportation. Science, and Transportation. ment of Transportation, transmitting, pur- EC–2283. A communication from the Sec- EC–2292. A communication from the Pro- suant to law, the report of a rule entitled retary of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, ‘‘Amendment to Class E Airspace; Neosho, suant to law, a report on safety consider- Federal Aviation Administration, Depart- MO’’ (Docket 99–ACE–11) received on March ations for transporting hazardous materials ment of Transportation, transmitting, pur- 4, 1999; to the Committee on Commerce, via motor carriers in close proximity to Fed- suant to law, the report of a rule entitled ‘‘Airworthiness Directives; International Science, and Transportation. eral prisons; to the Committee on Com- EC–2301. A communication from the Pro- Aero Engines AG (IAE) V2500–A1 Series Tur- merce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, EC–2284. A communication from the Pro- bofan Engines’’ (Docket 98–ANE–76–AD) re- Federal Aviation Administration, Depart- gram Analyst, Office of the Chief Counsel, ceived on March 4, 1999; to the Committee on ment of Transportation, transmitting, pur- Federal Aviation Administration, Depart- Commerce, Science, and Transportation. suant to law, the report of a rule entitled ment of Transportation, transmitting, pur- EC–2293. A communication from the Pro- ‘‘Establishment of Class E Airspace; Crock- suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, ett, TX’’ (Docket 99–ASW–03) received on ‘‘Airworthiness Directives; Airbus Model Federal Aviation Administration, Depart- March 4, 1999; to the Committee on Com- A310 and A300–600 Series Airplanes Equipped ment of Transportation, transmitting, pur- merce, Science, and Transportation. With General Electric CF6–80C2 Engines’’ suant to law, the report of a rule entitled (Docket 96–NM–66–AD) received on March 15, ‘‘Airworthiness Directives; British Aerospace f 1999; to the Committee on Commerce, Jetstream Model 3101 Airplanes’’ (Docket 98– REPORTS OF COMMITTEES Science, and Transportation. CE–100–AD) received on March 4, 1999; to the EC–2285. A communication from the Pro- Committee on Commerce, Science, and The following reports of committees gram Analyst, Office of the Chief Counsel, Transportation. were submitted:

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5206 CONGRESSIONAL RECORD—SENATE March 23, 1999 By Mr. CHAFEE, from the Committee on Class of Minister-Counselor, to be Ambas- The following-named Career Members of Environment and Public Works, with an sador Extraordinary and Plenipotentiary of the Foreign Service of the Department of amendment in the nature of a substitute: the United States of America to the King- Agriculture for promotion into the Senior S. 507: A bill to provide for the conserva- dom of Cambodia. Foreign Service to the class indicated: tion and development of water and related Nominee: Kent M. Wiedemann. Career Members of the Senior Foreign resources, to authorize the Secretary of the Post: Kingdom of Cambodia. Service of the United States of America, Army to construct various projects for im- The following is a list of all members of Class of Counselor: provements to rivers and harbors of the my immediate family and their spouses. I Weyland M. Beeghly. United States, and for other purposes (Rept. have asked each of these persons to inform Larry M. Senger. No. 106–34). me of the pertinent contributions made by Randolph H. Zeitner. The following-named Career Member of the By Mr. HELMS, from the Committee on them. To the best of my knowledge, the in- Foreign Service for promotion into the Sen- Foreign Relations: formation contained in this report is com- ior Foreign Service, and for appointment as Special Report entitled ‘‘Legislative Ac- plete and accurate. Consular Officer and Secretary in the Diplo- tivities Report of the Committee on Foreign Contributions, amount, date, and donee. Relations’’ (Rept. No. 106–35). 1. Self, Kent M. Wiedemann, None. matic Service, as indicated: Career Member of the Senior Foreign Serv- By Mr. HELMS, from the Committee on 2. Spouse, Janice L. Wiedemann, None. ice of the United States of America, Class of Foreign Relations, without amendment: 3. Children and Spouses Names: Conrad K. H.R. 432: A bill to designate the North/ Counselor: Wiedemann, None. Danny J. Sheesley. South Center as the Dante B. Fascell North- 4. Parents Names: Jean Hyatt Wiedemann, South Center. None. Mansell H. Wiedemann—Deceased. (The above nominations were re- S. Res. 54: A resolution condemning the es- 5. Grandparents Names: Niles Hyatt—De- ported with the recommendation that calating violence, the gross violation of ceased. Frances Pauwels—Deceased. Thomas they be confirmed, subject to the nomi- human rights and attacks against civilians, Wiedemann—Deceased. Harriet Wiedemann— nees’ commitment to respond to re- and the attempt to overthrow a democrat- Deceased. quests to appear and testify before any ically elected government in Sierra Leone. 6. Brothers and Spouses Names: Dean S. Res. 68: A resolution expressing the duly constituted committee of the Sen- Hyatt Wiedemann—Deceased. ate.) sense of the Senate regarding the treatment 7. Sisters and Spouses Names: Harold and of women and girls by the Taliban in Afghan- Sandra Schroeder, None. f istan. S. Res. 73: A resolution congratulating the INTRODUCTION OF BILLS AND Robert A. Seiple, of Washington, to be am- Government and the people of the Republic JOINT RESOLUTIONS bassador at Large for International Reli- of El Salvador on successfully completing gious Freedom. (New Position). The following bills and joint resolu- free and democratic elections on March 7, Nominee: Robert A. Seiple. tions were introduced, read the first 1999. By Mr. HELMS, from the Committee on Post: Washington, D.C. and second time by unanimous con- Foreign Relations, without amendment: The following is a list of all members of sent, and referred as indicated: S. 688. A bill to amend the Foreign Assist- my immediate family and their spouses. I By Mrs. FEINSTEIN (for herself, Mr. have asked each of these persons to inform ance Act of 1961 to reauthorize the Overseas LEVIN, and Mr. BRYAN): Private Investment Corporation. me of the pertinent contributions made by S. 678. A bill to establish certain safe- them. To the best of knowledge, the informa- f guards for the protection of purchasers in tion contained in this report is complete and the sale of motor vehicles that are salvage or EXECUTIVE REPORTS ON accurate. have been damaged, to require certain safe- COMMITTEE Contributions, amount, date, and donee. guards concerning the handling of salvage 1. Self, None. The following executive reports of and nonrebuildable vehicles, to support the 2. Spouse, None. flow of important vehicle information to the committees were submitted: 3. Children and Spouses Names: Chris, National Motor Vehicle Title Information By Mr. HELMS, from the Committee on Army (Donald B. Hebb), Jesse, None. System, and for other purposes; to the Com- Foreign Relations: 4. Parents Names: Gertrude Seiple, Chris mittee on Commerce, Science, and Transpor- William Lacy Swing, of North Carolina, a Seiple, None. tation. Career Member of the Senior Foreign Serv- 5. Grandparents Names, Deceased. By Mr. GRAMS: ice, Class of Career Minister, to be Ambas- 6. Brothers and Spouses names: Bill (Didi), S. 679. A bill to authorize appropriations to sador Extraordinary and Plenipotentiary of None. the Department of State for construction the United States of America to the Demo- 7. Sisters and Spouses Names: Christina and security of United States diplomatic fa- cratic Republic of the Congo. (Dabney Wooldrige), None. Nancy (Rob Zins), cilities, and for other purposes; to the Com- Nominee: Swing, William Lacy. None. Mary (Kevin Earl), None. Carole (John mittee on Foreign Relations. Post: Democratic Republic of the Congo. Kenney), None. By Mr. HATCH (for himself, Mr. BAU- The following is a list of all members of CUS, Mr. GORTON, Mr. ROBB, Mr. my immediate family and their spouses. I The following-named Career Member of the ABRAHAM, Mr. ASHCROFT, Mrs. BOXER, have asked each of these persons to inform Senior Foreign Service, Class of Career Min- Mr. BREAUX, Mr. COCHRAN, Mr. me of the pertinent contributions made by ister, for the personal rank of Career Ambas- CONRAD, Mr. DEWINE, Mr. DODD, Mr. them. To the best of my knowledge, the in- sador in recognition of especially distin- DORGAN, Mr. DURBIN, Mrs. FEINSTEIN, formation contained in this report is com- guished service over a sustained period: Mr. GRASSLEY, Mrs. HUTCHISON, Mr. plete and accurate. Mary A. Ryan, of Texas. INHOFE, Mr. JOHNSON, Mr. KENNEDY, Contributions, amount, date, and donee The following-named Career Member of the Mr. KERREY, Mr. LAUTENBERG, Mr. 1. Self, none. Senior Foreign Service of the Department of LEVIN, Mr. LIEBERMAN, Mr. LUGAR, 2. Spouse, none. State for promotion in the Senior Foreign 3. Children and Spouses Names: Brian Mr. MACK, Ms. MIKULSKI, Mr. MUR- Service to the class indicated: (son), Nicole (daughter-in-law), Gabrielle KOWSKI, Mrs. MURRAY, Mr. ROCKE- Career Member of the Senior Foreign Serv- (daughter), none. FELLER, Mr. SARBANES, Mr. SMITH of ice of the United States of America, Class of 4. Parents Names: (all deceased). Oregon, Mr. TORRICELLI, Mr. WARNER, Baxter Dermot Swing/Mary Frances Minister-Counselor: Mr. WYDEN, and Mr. GRAMM): (Barbee) Swing. Richard Lewis Baltimore III. S. 680. A bill to amend the Internal Rev- 5. Grandparents Names: (all deceased). The following-named Career Members of enue Code of 1986 to permanently extend the James Ruffin Swing/Bessie (Sowers) the Senior Foreign Service of the Depart- research credit, and for other purposes; to Swing—Lacy Lee Barbee/Anna (Jones) ment of Agriculture for promotion in the the Committee on Finance. Barbee. Senior Foreign Service to the classes indi- By Mr. DASCHLE (for himself, Mr. 6. Brothers and Spouses Names: James cated: INOUYE, Mr. LAUTENBERG, Mr. (brother), ca $400–$500 annually to Repub- Career Member of the Senior Foreign Serv- CLELAND, Mr. JOHNSON, Ms. MIKUL- lican National Committee over each pre- ice of the United States of America, Class of SKI, Mr. SARBANES, Mrs. MURRAY, and ceding year. Minister-Counselor: Mr. HOLLINGS): Arlene (spouse), none. Warren J. Child. S. 681. A bill to amend the Public Health 7. Sisters and Spouses Names: Anna (sis- Career Members of the Senior Foreign Service Act and Employee Retirement In- ter), Lawrence (spouse), none. Service of the United States of America, come Security Act of 1974 to require that Class of Minister-Counselor: group and individual health insurance cov- Kent M. Wiedemann, of California, a Ca- Mary E. Revelt. erage and group health plans provide cov- reer Member of the Senior Foreign Service, John H. Wyss. erage for a minimum hospital stay for

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5207 mastectomies and lymph node dissections SUBMISSION OF CONCURRENT AND turally damaged and 150,000 salvaged performed for the treatment of breast can- SENATE RESOLUTIONS vehicles are returned to streets and cer; to the Committee on Health, Education, The following concurrent resolutions highways every year without a safety Labor, and Pensions. inspection, and they pose a potential By Mr. HELMS (for himself and Ms. and Senate resolutions were read, and hazard to all of California’s twenty LANDRIEU): referred (or acted upon), as indicated: million unsuspecting motorists.’’ S. 682. A bill to implement the Hague Con- By Mr. TORRICELLI: S. Res. 72. A resolution designating the In many cases, ‘‘totaled’’ cars are vention on Protection of Children and Co-op- sold at auction, refurbished to conceal eration in Respect of Intercounty Adoption, month of May in 1999 and 2000 as ‘‘National and for other purposes; to the Committee on ALS Awareness Month’’; to the Committee prior damage, then resold to consumers Foreign Relations. on the Judiciary. without disclosure of the previous con- By Mr. BRYAN (for himself and Mr. By Mr. DEWINE (for himself, Mr. dition of the car. The structural integ- REID): COVERDELL, Mr. GRAHAM, and Mr. rity of these vehicles has been so se- DODD): S. 683. A bill to amend the Nuclear Waste verely weakened that the potential for S. Res. 73. A resolution congratulating the serious injury in an accident is greatly Policy Act of 1982 to allow commercial nu- Government and the people of the Republic clear utilities that have contracts with the increased. of El Salvador on successfully completing In one case, a teenage who purchased Secretary of Energy under section 302 of that free and democratic elections on March 7, Act to receive credits to offset the cost of 1999; to the Committee on Foreign Relations. a rebuilt wreck was rendered quad- storing spent fuel that the Secretary is un- By Mr. BIDEN (for himself, Mr. WAR- riplegic after an accident in which her able to accept for disposal; to the Committee NER, Mr. LEVIN, Mr. BYRD, Mr. vehicle rolled 360 degrees at about five on Energy and Natural Resources. MCCONNELL, Mr. HAGEL, Mr. STE- miles an hour. The vehicle had been in By Ms. COLLINS: VENS, Mr. LAUTENBERG, Mr. a previous accident. It had been badly S. 684. A bill to amend title 11, United LIEBERMAN, and Mr. ROBB): repaired and then resold without dis- States Code, to provide for family fishermen, S. Con. Res. 21. A concurrent resolution au- closure of its previous condition. The and to make chapter 12 of title 11, United thorizing the President of the United States vehicle’s roof was replaced after the States Code, permanent; to the Committee to conduct military air operations and mis- on the Judiciary. sile strikes against the Federal Republic of first accident, but in the subsequent By Mr. CRAPO (for himself and Mr. Yugoslavia (Serbia and Montenegro); consid- accident, the roof collapsed when the CRAIG): ered and agreed to. substandard welds failed. In another incident, a mother pur- S. 685. A bill to preserve the authority of By Mr. DODD (for himself and Mr. States over water within their boundaries, to GRASSLEY): chased a Honda Prelude for her daugh- S. Con. Res. 22. A concurrent resolution ex- delegate to States the authority of Congress ter’s high school graduation. Although pressing the sense of the Congress with re- to regulate water, and for other purposes; to only hail damage was reported at the spect to promoting coverage of individuals the Committee on the Judiciary. time of sale, the car had actually been under long-term care insurance; to the Com- By Mrs. BOXER (for herself, Mr. totaled in Texas and rebuilt in Arkan- mittee on Finance. CHAFEE, Mr. LAUTENBERG, Mr. REED, sas. The repair shop acknowledged that Mr. SCHUMER, and Mr. TORRICELLI): f they had spent only about $3,000 on re- S. 686. A bill to regulate interstate com- STATEMENTS ON INTRODUCED pairs, despite an insurance company’s merce by providing a Federal cause of action BILLS AND JOINT RESOLUTIONS estimate of over $10,000 worth of dam- against firearms manufactures, dealers, and By Mrs. FEINSTEIN (for herself, age. The inadequate repair resulted in importers for the harm resulting from gun the collapse of the right front suspen- Mr. LEVIN, and Mr. BRYAN): violence; to the Committee on the Judiciary. sion inflicting a debilitating head in- By Mr. HARKIN: S. 678. A bill to establish certain safeguards for the protection of purchasers jury on the driver. S. 687. A bill to direct the Secretary of De- In yet another case of fraud, Jimmy in the sale of motor vehicles that are fense to eliminate the backlog in satisfying Dolan bought a used Toyota from a salvage or have been damaged, to re- requests of former members of the Armed dealership in Clovis, California. The Forces for the issuance or replacement of quire certain safeguards concerning the odometer had only 19,000 miles on it military medals and decorations; to the handling of salvage and nonrebuildable and he was told the car was like new Committee on Armed Services. vehicles, to support the flow of impor- and in original condition. In fact, that By Mr. HELMS: tant vehicle information to the Na- was untrue. The previous owner had S. 688. A bill to amend the Foreign Assist- tional Motor Vehicle Title Information been involved in a serious accident ance Act of 1961 to reauthorize the Overseas System, and for other purposes; to the Private Investment Corporation; from the that required $8,700 in repairs. After a Committee on Commerce, Science, and series of problems with the car, the Committee on Foreign Relations; placed on Transportation. the calendar. original owner took it back to the deal- By Mr. GRASSLEY (for himself and SALVAGED AND DAMAGED MOTOR VEHICLE ership and traded it in. The dealership Mr. GRAHAM): INFORMATION DISCLOSURE ACT then resold the car to Jimmy Dolan for ∑ Mrs. FEINSTEIN. Mr. President, S. 689. A bill to authorize appropriations almost $14,000. for the United States Customs Service for today I am introducing legislation on After only a minor accident, Mr. fiscal years 2000 and 2001, and for other pur- behalf of myself and Senators LEVIN Dolan found out the truth about his poses; to the Committee on Finance. and BRYAN that will offer consumers car. He managed to trace the car back By Mr. SARBANES (for himself, Mr. protection against unknowingly pur- to the original owner who described the REID, Mr. MURKOWSKI, Mrs. BOXER, chasing a vehicle that has been rebuilt extent of the damage. Despite having Mr. KENNEDY, Mr. MOYNIHAN, Mr. after sustaining substantial damage in full knowledge of the vehicle’s history, SCHUMER, Mr. KERRY, and Mrs. MUR- an accident. RAY): the dealership refused to give Dolan a The sale of rebuilt vehicles that have refund. Eventually, he had to file a S. 690. A bill to provide for mass transpor- been wrecked in accidents has become civil lawsuit to recoup his losses. tation in national parks and related public a major national problem. According to These are just three cases in which lands; to the Committee on Energy and Nat- the National Association of Inde- ural Resources. serious physical and financial losses By Mr. ALLARD: pendent Insurers, about 2.5 million ve- were inflicted on innocent victims who hicles are involved in accidents so se- unknowingly purchased a vehicles that S. 691. A bill to terminate the authorities vere that they are declared a total loss. of the Overseas Private Investment Corpora- had sustained major damage. tion; to the Committee on Foreign Rela- Yet, more than a million of these vehi- The bill that I am introducing will tions. cles are rebuilt and put back on the address the problem of rebuilt wrecks By Mr. KYL (for himself and Mr. road. by: providing nationwide written dis- BRYAN): In a report to the state Legislature, closure for every vehicle sale of pre- S. 692. A bill to prohibit Internet gambling, the California Department of Consumer vious salvage and major damage; pro- and for other purposes; to the Committee on Affairs found, with respect to Cali- viding widespread coverage for all vehi- the Judiciary. fornia alone ‘‘More than 700,000 struc- cles including vehicles of any age or

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5208 CONGRESSIONAL RECORD—SENATE March 23, 1999 value, motor homes, pickups, and mo- OFFICE OF THE ATTORNEY GENERAL, cars. We strongly support the national sal- torcycles; allowing states to maintain STATE OF CONNECTICUT, vage and damaged motor vehicle disclosure existing salvage laws; strengthening March 18, 1999. bill which you intend to offer because it will protect consumers against the unsuspecting the Federal rebuilt vehicle database to Hon. DIANNE FEINSTEIN, U.S. Senator, Washington, DC. purchase of a rebuilt wrecked car. This promote instant access to vehicle acci- Re: The Salvaged and Damaged Motor Vehicle would require disclosure of major damage to dent histories for consumers, dealers, Information Disclosure Act vehicles, provide broad coverage of most and law enforcement; requiring certifi- DEAR SENATOR FEINSTEIN: We are writing used vehicles, prevent laundering or washing cation by a qualified repair facility of in order to express our support for the of titles to conceal prior damage, provide for the proper repair of any salvage vehicle Salvaged and Damaged Motor Vehicle Infor- effective criminal and civil enforcement, and before it is returned to the road. mation Disclosure Act, a bill which we un- establish a federal minimum standard of derstand you and Senators Levin and Bryan consumer protection while allowing states to This bill has been endorsed by the intend to offer. offer stronger protection to their citizens. Attorneys General of California, Con- We are very aware of the harm caused to The bill is consistent with the recommenda- necticut, Iowa, and Michigan. In a let- consumers who unwittingly purchase used tions embodied in the 1994 Resolution of the ter of support, Attorneys General cars that had sustained major damage. They National Association of Attorneys General not only pay far more than the vehicle’s and adopted by the Attorneys General of all Blumenthal, Lockyer, and Miller state 50 states, so we anticipate that it will re- that this bill ‘‘has strong disclosure re- market value, they may be placing themselves and their families in danger. ceive broad support from law enforcement. quirements that will put consumers on We remain strongly opposed to competing Despite state efforts to vigorously enforce notice before they agree to buy a car legislation, which the Washington Post state laws requiring car sellers to make sal- termed ‘‘controversial’’ and featured as a ex- concerning any prior collision or flood vage and damage disclosures, the problem damage.’’ ample of ‘‘special interest’’ legislation. That continues to be our nation’s top consumer bill was opposed by the Attorneys General of They also state ‘‘We especially appre- compliant regarding used car sales. It is 39 states, encountered major opposition in ciate that this bill tracks the Resolu- right for Congress to act. However, in acting, the House, and was removed from the Omni- tion adopted in 1994 by the National Congress must protect consumers, while per- bus Appropriations package after objection mitting the states flexibility to deal with by the White House. The current measure re- Association of Attorneys General. That this growing problem. Resolution calls for the strong national mains flawed, failing to cover more than half Your draft bill achieves those two major the used cars on the road, and eliminating standards and remedies that are pro- goals. It has strong disclosure requirements many of the state law protections that con- vided for in this bill.’’ that will put consumers on notice before sumers now have against unscrupulous sell- Mr. President, I submit this letter for they agree to buy a car concerning any prior ers of rebuilt wrecks. Its definitions of collision or flood damage. It uses definitions ‘‘flood’’ and ‘‘nonrepairable’’ vehicles are ex- the RECORD. that provide strong baselines of protection, tremely loose, and its standard of proof and This bill also has the support of a while permitting individual states to impose weak and inadequate enforcement mecha- number of consumer advocates includ- tougher standards, if that is their choice. It nism would do nothing to deter the fraudu- ing: Center for Auto Safety, Consumer effectively deals with the problem of ‘‘title- lent sale of dangerous rebuilt wrecks. Federation of America, Consumers for washing’’ by ensuring that information It can hardly be disputed that automobile salvage fraud is a serious problem which re- Auto Reliability and Safety, Con- about prior collision or flood damage remains on vehicle titles, regardless of the quires federal action. Each year, more than sumers Union, National Association of state of titling. Finally, it provides strong one million ‘‘totalled’’ cars are rebuilt and Consumer Advocates, Public Interest, remedies, by subjecting violations to crimi- sold to unsuspecting consumers. These con- and U.S. Public Interest Research nal penalties, civil law enforcement actions sumers need protection from salvage fraud. I Group. by state attorneys general, and substantial am looking forward to continuing to work closely with leading state Attorneys General In a letter of support from the Na- private civil remedies. We especially appreciate that this bill on this important public safety issue, and tional Association of Consumer Advo- tracks the Resolution adopted in 1994 by the would welcome the opportunity to work with cates, Pat Sturdevant writes ‘‘This bill National Association of Attorneys General. you and your staffs in obtaining the genuine is entirely consistent with views of the That Resolution calls for the strong national reform which your pro-consumer bill will major national consumer groups in standards and remedies that are provided for provide. that it would require disclosure of in this bill. Sincerely yours, major damage to vehicles. Provide Another reason we support this bill is that PATRICIA STURDEVANT.∑ broad coverage of most used vehicles, it follows the successful mode of the federal ∑ Mr. LEVIN. Mr. President, today I prevent laundering or washing of titles odometer law, originally enacted in the am introducing legislation along with 1970’s. That law provided for the same types my colleagues, Senators FEINSTEIN and to conceal prior damage, provide for ef- of strong national standards and remedies fective criminal and civil enforcement, BRYAN, that will protect consumers found in your bill. States have relied on the from the unscrupulous practice known and provide a minimum standard of federal odometer law to file many civil and consumer protection while allowing criminal law enforcement actions against as ‘‘title washing’’ the current practice states to offer stronger protection to odometer spinners and have recovered mil- of selling rebuilt wrecks to their citizens.’’ lions of dollars in restitution for consumers. unsuspecting buyers. The objective of Strong federal and state enforcement, plus this legislation is to make it more dif- I submit this letter for the RECORD. the private actions brought under the odom- ficult for unscrupulous auto sellers to The bill is also strongly supported by eter law, have put a real dent in odometer conceal the fact that a vehicle has been the Automotive Recyclers Association fraud. We look forward to similar results as in an accident by transferring the vehi- and the Auto Dismantlers Association. we join forces to tackle auto salvage fraud. cle’s title in a state with lower stand- Thank you for your leadership on this ards than where the vehicle is ulti- Mr. President, there is no question issue. We look forward to working with you that the sale of rebuilt vehicles is a in the fight to protect used car buyers. mately sold. major national problem. We need to in- Very truly yours, In developing this bill, Senators sure that we provide the proper solu- RICHARD BLUMENTHAL, FEINSTEIN and BRYAN and I worked tion. I believe that this bill is that so- Attorney General of Connecticut. closely with national consumer protec- lution and I urge my colleagues to sup- BILL LOCKYER, tion groups and a number of state At- port it. Attorney General of California. torneys General. We have crafted a bill TOM MILLER, that is truly consumer protective and I want to thank the Senators from Attorney General of Iowa. sets high national standards that did Michigan and Nevada for their assist- not previously exist. We took great ance with this legislation. Their input NATIONAL ASSOCIATION OF care to ensure that our bill would not and support has been invaluable to the CONSUMER ADVOCATES, March 19, 1999. preempt the rights of states to retain development of this bill. I ask that let- or enact laws that exceed the minimum ters in support of the bill be printed in DEAR SENATORS FEINSTEIN, LEVIN AND BRYAN: We are a consumer protection orga- federal standards in this bill. the RECORD. nization very concerned about the safety National automobile salvage title The material follows: hazard posed by the resale of rebuilt wrecked legislation is needed because there is

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5209 no uniform standard for when a vehicle ers is a serous problem and should be 2. Authorizes its Executive Director and must be declared salvage or nonrepair- stopped as soon as possible. The Fein- General Counsel to make these views known able. About 2.5 million cars are se- stein, Levin, Bryan bill will do just to all interested parties. verely damaged in auto accidents each that by establishing uniform disclosure STATE OF MICHIGAN, DEPARTMENT year. More than half of them are re- standards for all vehicle sales and re- OF ATTORNEY GENERAL, turned to the road. Many of these requiring all states to carry forward this Lansing, MI, March 19, 1999. built cars are sold to unsuspecting con- disclosure on the vehicle’s title. Sim- Re Salvaged and Damaged Motor Vehicle In- sumers without disclosure of the car’s ply put, our bill will put an end to formation Disclosure Act prior history, increasing the chance of title-washing. Hon. CARL LEVIN, serious injury to the drivers and pas- I ask that additional materials be U.S. Senate, Washington, DC. sengers of these rebuilt cars. The Na- printed in the RECORD. DEAR SENATOR LEVIN: I am writing regard- tional Association of Attorneys Gen- The material follows: ing your efforts to provide greater protection for American consumers who purchase used eral estimates that the sale of rebuilt RESOLUTION ADOPTED BY NATIONAL ASSOCIA- motor vehicles that have previously suffered or salvaged motor vehicles as TION OF ATTORNEYS GENERAL, MARCH 20–22, major damage or been salvaged prior to undamaged, costs the motor vehicle in- 1994 being repaired, rebuilt and put back on the dustry and consumers up to $4 billion MANDATORY DISCLOSURE OF SALVAGE HISTORY roadways. I believe that it is essential for annually. AND MAJOR DAMAGE TO MOTOR VEHICLES consumers to be informed of the prior condition of their vehicle so that they may have Currently, some states, like Michi- Whereas, motor vehicles which are se- all available material facts at their disposal verely damaged or declared a ‘‘total’’ loss gan and California and others, have in making an informed decision whether to tough consumer protection laws dic- are often subsequently rebuilt or salvaged purchase a motor vehicle. tating when a vehicle’s title must be and then resold; and Not only will your bill mandate disclosure branded as salvage or nonrepairable, Whereas, the fact that a vehicle is rebuilt of major damage or salvage conditions, but but other states do not. Unfortunately, or salvaged is material to any subsequent the bill will also provide an enforcement sale of the vehicle; and unscrupulous people now take advan- mechanism including damages and award of Whereas, not all states require that a vehi- attorneys fees to victims, civil penalties and tage of this lack of uniformity and cle’s salvage history be marked on the vehi- criminal sanctions. I also endorse the section take wrecked vehicles to states with cle’s title or that such a title brand be car- of the bill that empowers state attorneys low or no standards to retitle them and ried forward on new titles issued or that a general to enforce this law through injunc- thus wipe out the vehicle’s prior dam- vehicle’s salvage history be disclosed to sub- tion relief or actions for damages. age history. sequent purchasers; and This bill will further empower consumers Our bill would provide for uniform Whereas, branding the title is an effective to have more information available in mak- means of allowing dealers, subsequent pur- standards of nationwide seller disclo- ing an informed decision about what is gen- chasers and law enforcement authorities to erally their second most costly purchase, sure for every vehicle sale of previous track a vehicle’s true history and has been motor vehicles used for personal transpor- salvage and major damage vehicles, supported by NAAG for tracking vehicles re- tation. I urge Congress to enact this bill. and ensure these title brands are car- turned under state lemon laws; and Sincerely yours, ried forward with all titles each time Whereas, it is estimated that the sale of re- JENNIFER M. GRANHOLM, the vehicle is sold. This proposal is built or salvaged motor vehicles as Attorney General.∑ consistent with the National Associa- undamaged, costs the motor vehicle industry By Mr. GRAMS: tion of Attorneys General auto salvage and consumers up to $4 billion annually; Now, therefore be it Resolved, That the Na- S. 679. A bill to authorize appropria- resolution adopted in 1994. tional Association of Attorneys General: tions to the Department of State for This bill also has the support of 1. Supports federal legislation that: construction and security of United Michigan’s Attorney General, who a. creates a uniform definition of a ‘‘sal- States diplomatic facilities, and for wrote in a letter endorsing the bill, vage vehicle’’ as a vehicle declared a total other purposes; to the Committee on loss by an insurance company or where the This bill will further empower consumers Foreign Relations. to have more information available in mak- retail cost to repair the vehicle exceeds 65 SECURE EMBASSY CONSTRUCTION AND ing an informed decision about what is gen- percent of its fair market value immediately COUNTERTERRORISM ACT OF 1999 erally their second most costly purchase, prior to being damaged; and motor vehicles used for personal transpor- b. requires that each transferor of a motor Mr. GRAMS. Mr. President, I rise tation. I urge Congress to enact this bill. vehicle disclose to the transferee orally and this morning to introduce a bill dealing in writing at or before the time of sale, with the security of our embassies The salvage title requirements in our whether the vehicle is a salvage vehicle and around the world. bill are modeled after the successful 25 whether the vehicle has suffered major dam- Mr. President, we all remember the year old federal odometer law which age; and horrible day of August 17, 1998, when requires the milage of a vehicle to be c. requires that each applicant for a motor U.S. embassies in Dar Es Salaam, Tan- disclosed before a vehicle can be trans- vehicle title disclose, on the application, zania and Nairobi, Kenya were de- whether the motor vehicle is a salvage vehi- ferred. This law requires each seller to stroyed by car bombs. We all mourn fill out a statement on the odometer cle and whether the vehicle has suffered major damage; and the passing of the 220 people who lost reading that verifies its accuracy and a d. requires that each motor vehicle title their lives to these heinous terrorist vehicle buyer cannot get a state title issued, conspicuously show whether the acts. But it is not enough to mourn. We without this disclosure on the title. motor vehicle is a salvage vehicle and in Congress have a separate responsi- Our bill would work in a similar man- whether the vehicle has suffered major dam- bility—to conduct proper oversight to ner. age, if that information is disclosed on the expose weaknesses in our embassy se- Our bill is basically a disclosure bill. title application or on any title previously curity requirements and to ensure the It requires that whenever a vehicle’s issued by that state or another state; and resources given to this Administration title is transferred, the seller must dis- e. provides for recovery of actual damages, minimum statutory damages of $5,000 and at- are being allocated in ways to maxi- close in writing to the buyer any acci- torneys fees, where appropriate, by con- mize their effectiveness. dent history of the vehicle which in- sumers injured by violation of the statute, In reviewing the conclusions of the cludes: salvage, flood, nonrepairable or and State Department Accountability Re- major damage. Our bill defines ‘‘sal- f. provides the civil enforcement by state view Boards chaired by Admiral Wil- vage’’, ‘‘flood’’, ‘‘nonrepairable’’ and Attorneys General which includes injunctive liam J. Crowe, I was disturbed to find ‘‘major damage’’ to provide broad dis- relief, civil penalties and restitution; and that they are strikingly similar to closure and to protect consumer safety. h. provides for criminal penalties of up to those reached by the Inman Commis- These definitions are consistent with $50,000 and imprisonment for up to three sion which issued an extensive embassy years for each willful violation; and recommendations from the state Attor- i. does not preempt state laws which pro- security report 14 years ago. Clearly, neys General. vide greater protection for consumers as the United States has devoted inad- Mr. President, in conclusion, the sale long as state provisions are not inconsistent equate resources and placed too low a of rebuilt wrecks to unsuspecting buy- with the federal law; and priority on security concerns.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5210 CONGRESSIONAL RECORD—SENATE March 23, 1999 And I regret to say, the President’s the bombings, they could prevent the viding secure buildings and the benefit response to the Crowe Report simply is loss of life in the future. For example, of a U.S. presence; the potential of re- not adequate. The Administration has under my bill, the Emergency Action gional facilities; and the upgrades nec- asked the Congress to provide for an Plan for each mission will address essary. advance appropriation of $3 billion threats from large vehicular bombs and Finally, my bill enables the Presi- with no strings attached. That funding transnational terrorism. And the dent to award the Overseas Service does not start next year, it starts in ‘‘Composite Threat List’’ will have a Star to any member of the Foreign 2001. And the bulk of the money is pro- section which emphasizes Service or any civilian employee of posed in the out years. Those kind of transnational terrorism and considers thegovernment of the United States budget games shouldn’t be played when criteria such as the physical security who—after August 1, 1998—was killed the lives of U.S. government workers environment, host government sup- or wounded while performing official are at stake. It’s wrong to state that port, and cultural realities. duties, while on the premises of a U.S. embassy construction is a priority, Furthermore, in selecting sites for mission abroad, or as a result of such while refusing to make funds available new U.S. diplomatic facilities abroad, employee’s status as a U.S. govern- for that purpose. there will be a set back requirement of ment employee. These sacrifices for As Chairman of the International Op- 100 feet and all U.S. government agen- our nation by U.S. government workers erations Subcommittee, which has cies will have be located on the same abroad no longer should go unrecog- oversight responsibilities for embassy compound. State Department guide- nized. security issues, I have looked into the lines currently state that ‘‘[a]ll U.S. mistakes that we made in the past, and Government offices and activities, sub- Mr. President, I believe with the ap- I am committed to making sure they ject to the authority of the chief of proach outlined in my bill we can bet- do not happen in the future. Our em- mission, are required to be collocated ter ensure that we are providing a safe bassies are not vulnerable because we in chancery office buildings or on a environment for U.S. government lack security requirements. They are chancery/consulate compound.’’ Unfor- workers abroad. We can also be con- vulnerable because over three-quarters tunately, these guidelines are often ig- fident that should another terrorist at- of our embassies have those require- nored. Indeed, after the August ter- tack occur, we will be ready for the ments waived. Now, I understand that rorist bombings, in violation of State aftermath. I understand that there is a when the Inman security standards Department guidelines, A.I.D. head- trade-off between security and accessi- were put forward in the 1980’s, a num- quarters decided not to move its mis- bility. But there are obvious steps that ber of existing embassies did not meet sions in Kenya and Tanzania into the we should be taking to provide a higher the criteria. But I was surprised to find more secure embassy compounds that level of security in this age of many of the embassies built and pur- are going to be built. A.I.D. only re- transnational terrorist threats. I hope chased since that time do not meet the versed itself after hearing from the this bill will not just provide a blue- Inman standards either. While I do not Congress and U.S. officials in Kenya print for the steps we must take now, want to micromanage the State De- and Tanzania. but guidance on how we should proceed partment’s construction program, Working abroad will never be risk in the future. We must acknowledge given State’s record in this area, cer- free. But we can take a number of the world is changing and doing busi- tain external constraints are war- measures, like these, to make sure that ness as usual is not going to work. We ranted. safety is increased for U.S. government need to think outside the box and ex- Unfortunately, under the Adminis- workers overseas. We can also put for- plore new ways to confront new chal- tration’s plan, we are doomed to repeat ward requirements to ensure we have lenges. I hope the State Department some of the same mistakes that were an effective emergency response net- sees my bill as an opportunity rather made following the Inman rec- work in place to respond to a crisis than a burden. I am committed to ommendations. The funding structure should one arise. My bill requires crisis making sure that embassy security is makes it impossible to achieve effi- management training for State Depart- treated as a priority, and this bill is a ciencies in embassy construction. ment personnel; support for the For- good first step. There is just not enough funding in the eign Emergency Support Team; rapid next three years to permit a single con- response procedure for assistance from By Mr. HATCH (for himself, Mr. tract to design and build an embassy or the Department of Defense; and off-site BAUCUS, Mr. GORTON, Mr. ROBB, a single contract to build multiple em- storage of emergency equipment and Mr. ABRAHAM, Mr. ASHCROFT, bassies in a region. Furthermore, the records. These are prudent steps which Mrs. BOXER, Mr. BREAUX, Mr. back loading of the funding means it should be taken to ensure we have an COCHRAN, Mr. CONRAD, Mr. could be a decade before secure embas- effective crisis management system in DEWINE, Mr. DODD, Mr. DOR- sies are up and running. Clearly, that place if our embassies are attacked in GAN, Mr. DURBIN, Mrs. FEIN- is not acceptable. the future. STEIN, Mr. GRASSLEY, Mrs. Mr. President, I am introducing a 5- My bill also calls for the Secretary of HUTCHISON, Mr. INHOFE, Mr. year authorization bill that makes sure State to submit three reports to Con- JOHNSON, Mr. KENNEDY, Mr. the money set aside for embassy congress. The first report would be a clas- KERREY, Mr. LAUTENBERG, Mr. struction and security is not used for sified report rating our diplomatic fa- LEVIN, Mr. LIEBERMAN, Mr. other purposes. It provides $600 million cilities in terms of their vulnerablity LUGAR, Mr. MACK, Ms. MIKUL- a year, starting in fiscal year 2000. And to terrorist attack. The second report SKI, Mr. MURKOWSKI, Mrs. MUR- the Secretary of State is going to have would be a classified review of the find- RAY, Mr. ROCKEFELLER, Mr. to certify these funds are being used to ings of the Overseas Presence Advisory SARBANES, Mr. SMITH of Oregon, bring these embassies into compliance Panel which would recommend whether Mr. TORRICELLI, Mr. WARNER, with specific security standards, be- any U.S. missions should be closed due Mr. WYDEN, and Mr. GRAMM): cause 14 years from now, I don’t want to high vulnerability to terrorist at- S. 680. A bill to amend the Internal any finger pointing. I don’t want the tacks and ways to maintain a U.S. Revenue Code of 1986 to permanently Congress to revisit this matter and find presence if warranted. The third report extend the research credit, and for that funds were diverted and U.S. per- would be submitted in classified and other purposes; to the Committee on sonnel put at risk. unclassified form on the projected role Finance. The security requirements in my bill and function of each U.S. diplomatic reflect some of the lessons that we facility through 2010. It would explore EXTENSION OF THE RESEARCH AND learned from Nairobi and Dar Es Sa- the potential of technology to decrease EXPERIMENTATION TAX CREDIT laam. While these requirements may the number of U.S. personnel abroad; ∑ Mr. HATCH. Mr. President, I am not have prevented lives being lost in the balance between the cost of pro- pleased to join with my friend Senator

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BAUCUS and many more of my es- expenditures in the U.S. can take ad- under-invest in research. This may teemed colleagues in the Senate in in- vantage of the R&E tax credit. As the slow the development of the next com- troducing legislation that would per- credit matures and business cycles puter chip, the next household conven- manently extend the research and exchange, the current credit may be out ience, the next generation of heart perimentation tax credit. of reach for some companies. To help monitoring equipment, or a new drug As we enter the 21st century, we need solve this problem Congress enacted that stops cancer. We must ensure sta- to ensure that the United States re- the Alternative Incremental Research bility so that our business leaders can mains the world’s undisputed leader in Credit to help businesses that do not count on the credit as they decide how technological and scientific innova- qualify for the R&E tax credit. To im- much to invest in research and devel- tion. The global economy is becoming prove the effectiveness of this alter- opment. increasingly competitive. We must native credit, we have included a pro- Research and development is essen- move to ensure that our economy does posal to increase it by 1 percent. tial for long-term economic growth. In- not fall behind. Mr. President, I am aware that a per- novations in science and technology The research and experimentation manent extension of this credit will be have fueled the massive economic ex- tax credit is crucial to stimulating eco- costly. However, when you consider the pansion we have witnessed over the nomic growth. The President empha- value that this investment will create course of the 20th century. These ad- sized the value of this credit by asking for our economy, it is a bargain. Mak- vancements have improved the stand- that it be extended in his budget. Addi- ing this credit permanent will encour- ard of living for nearly every Amer- tionally, Congress has recognized the age more companies to locate their re- ican. Simply put, the R&E tax credit is importance of this tax credit by ex- search activities within the United an investment in economic growth, tending it nine times since 1981. States. This will lead to more jobs and new jobs, and important new products Now is the time to end the uncer- higher wages for U.S. workers. We and processes. tainty surrounding whether or not the must recognize that international com- In conclusion Mr. President, if we de- credit will continue to be extended or petition is fierce. Many other countries cide not to make the R&E tax credit be allowed to lapse. We must guarantee offer significant enticements to prompt permanent, we are limiting the poten- to American business, our scientists, companies to move research activities tial growth of our economy. How can our engineers, and our citizens who de- within their borders. If we fail to en- we expect the American economy to pend on technological innovations sure at least a level playing field, many hold the lead in the global economic every day, that we will make this tax companies will move their research ac- credit permanent. race if we allow other countries to offer Mr. President, permanence is essen- tivities abroad and we will lose many faster tracks than we do? Making the tial to the effectiveness of this credit. precious high-paying jobs. tax credit permanent will keep Amer- Research and development projects Findings from a study conducted by ican business ahead of the pack. It will typically take a number of years and Coopers & Lybrand show that workers speed economic growth. Innovations re- may even last longer than a decade. As in every state will benefit from higher sulting from American research and de- our business leaders plan these wages if the R&E tax credit is made velopment will continue to improve projects, they need to know whether or permanent. Payroll increases as a re- the standard of living for every person not they can count on this tax credit. sult of gains in productivity stemming in the U.S. and also worldwide. The current uncertainty surrounding from the credit have been estimated to Mr. President, simply put, the costs the credit has induced businesses to al- exceed $60 billion over the next 12 of not making the R&E tax credit per- locate significantly less to research years. Furthermore, greater produc- manent are far greater than the costs than they otherwise would if they tivity from additional R&E will in- of making it permanent. As the next knew the tax credit would be available. crease overall economic growth in millennium closes in on us, we cannot This uncertainty undermines the en- every state in the Union. afford to let the American economy tire purpose of the credit. For the gov- Mr. President, my home state of slow down. Now is the time to send a ernment and the American people to Utah is a good example of how state strong message to to the world that maximize the return on their invest- economies will benefit from the R&E America intends to retain its position ment in U.S. based research and devel- tax credit. Utah is home to a large as the world’s foremost innovator. opment, this credit must be made per- number of firms who invest a high per- I ask that the text of the bill be manent. centage of their revenue on research printed in the RECORD. Studies have shown that the R&E tax and development. For example, be- The bill follows: credit significantly increases research tween Salt Lake City and Provo lies S. 680 and development expenditures. The the world’s biggest stretch of software Be it enacted by the Senate and House of Rep- marginal effect of one dollar of the and computer engineering firms. This resentatives of the United States of America in R&E credit stimulates approximately area, which was named ‘‘Software Val- Congress assembled, one dollar of additional private re- ley’’ by Business Week, is second only SECTION 1. EXTENSION OF RESEARCH CREDIT. search and development spending over to California’s Silicon Valley as a (a) CREDIT MADE PERMANENT.— the short-run and as much as two dol- thriving high tech commercial area. (1) IN GENERAL.—Section 41 of the Internal lars of extra investment over the long- In addition, Utah is home to about Revenue Code of 1986 (relating to credit for run. 700 biotechnology and biomedical firms increasing research activities) is amended by In the business community, the de- that employ nearly 9,000 workers. striking subsection (h). velopment of new products, tech- These companies were conceived in re- (2) CONFORMING AMENDMENT.—Paragraph search and development and will not (1) of section 45C(b) of such Code is amended nologies, medicines, and ideas can re- by striking subparagraph (D). sult in either success or failure. Invest- survive, much less grow, without con- (b) INCREASE IN ALTERNATIVE INCREMENTAL ments carry a risk. The R&E tax credit tinuously conducting R&D activities. CREDIT RATES.—Subparagraph (A) of section helps ease the cost of incurring these In all, Mr. President there are ap- 41(c)(4) of the Internal Revenue Code of 1986 risks. Whereas foreign nations heavily proximately 80,000 employees working is amended— subsidize research with public dollars, in Utah’s 1,400 plus and growing tech- (1) in clause (i), by striking ‘‘1.65 percent’’ the United States has typically relied nology based companies. Research and and inserting ‘‘2.65 percent’’, less on direct public funds and more on development is the lifeblood of these (2) in clause (ii), by striking ‘‘2.2 percent’’ private sector incentives. The R&E tax firms and hundreds of thousands like and inserting ‘‘3.2 percent’’, and (3) in clause (iii), by striking ‘‘2.75 percent’’ credit has potential to be an even more them throughout the nation. and inserting ‘‘3.75 percent’’. effective incentive if it were made per- If the credit is allowed to lapse, busi- (c) EFFECTIVE DATE.—The amendments manent. nesses will not be able to factor the made by subsections (a) and (b) shall apply I am aware that not every company credit into their long-term plans. This to amounts paid or incurred after June 30, that incurs research and development uncertainty causes businesses to 1999.∑

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5212 CONGRESSIONAL RECORD—SENATE March 23, 1999 ∑ Mr. BAUCUS. Mr. President, it is technological innovation that is crit- of $19,500 per year. Many of these jobs with great pleasure that I join with my ical to keeping us in the forefront of would never have been created without colleague from Utah, Senator HATCH, global competition. the assistance of the R&D credit. And and my other colleagues to introduce Our country is locked in a fierce bat- many more jobs in Montana are de- this bill, which is so critical to the tle for high-paying technological jobs pendent upon the growth and stability ability of American businesses to effec- in the global economy. As more na- of the high-tech sector. Although the tively compete in the global market- tions succeed in creating educationally cumulative numbers may not be high place. I am particularly pleased that advanced workforces and join the U.S. in comparison with other States, the this bill includes as original co-spon- as high-technologically manufacturing impact of the R&D credit on Montana’s sors one-third of the members of this centers, they become more attractive economy is clear. body. This bill is bi-partisan and bi- to companies trying to penetrate for- Senator HATCH and I are not new- cameral. Companion legislation, intro- eign markets. Multinational companies comers to this issue. We have jointly duced in the House by Representatives sometimes find that moving both man- introduced bills to make the R&D cred- NANCY JOHNSON and ROBERT MATSUI, is ufacturing and basic research activities it permanent in numerous previous co-sponsored by over one-quarter of the overseas is necessary if they are to re- Congresses only to end up with exten- Members of the House. main competitive. The uncertainty of sions of one year or less. But I like to Our Nation is the world’s undisputed the R&D credit factors into their eco- think that this year will be different. leader in technological innovation, a nomic calculations, and makes keeping The hard work we have done to bring position that would not be possible ab- these jobs in the U.S. more difficult. our budget into balance is finally be- sent U.S. companies’ commitment to According to a study conducted by ginning to pay off, and the projected research and development. Investment Coopers & Lybrand last year, making budget surpluses gives us an oppor- in research is an investment in our Na- the R&D credit permanent will provide tunity to think carefully about how tion’s economic future, and it is appro- a substantial positive stimulus to in- best to allocate our resources. We be- priate that both the public and private vestment, wage-growth, productivity, lieve making the R&D credit perma- sector share the costs involved, as we and overall economic activity for this nent is a wise use of budget dollars be- share in the benefits. The credit pro- country. Payroll increases from gains cause of the direct positive impact on vided through the tax code for research in productivity are estimated to total economic growth and productivity. expenses provides a modest but crucial $64 billion over the period 1998 through This is not just a corporate issue. This incentive for companies to conduct 2010. In the year 2010 alone, the payroll is a use of tax dollars that benefits all their research in the United States, increase is estimated to total nearly of us who are working to expand em- thus creating high-skilled, high-paying $12 billion. ployment, increase wages and keep our jobs for U.S. workers. Also according to the study, gross Nation at the cutting edge of techno- The R&D credit has played a key role State Product, which is the basic meas- logical development. I sincerely hope in placing the United States ahead of ure of economic activity in a state, will we can make this year the year that its competition in developing and mar- rise overall by nearly $58 billion be- the R&D credit becomes a permanent keting new products. Every dollar that tween 1998 and 2010 as a result of a per- part of our tax code. the federal government spends on the manent credit. Nearly three-fifths of I urge my colleagues to support this R&D credit is matched by another dol- this increase nationally is attributable legislation.∑ lar of spending on research over the to additional value added by industries ∑ Mr. GORTON. Mr. President, tech- short run by private companies, and $2 that generally do not perform R&D nology is the driving force behind the of spending over the long run. Our themselves, but benefit from the R&D U.S. economy, and investment in re- global competitors are well aware of done by companies in other industries. search and development is the driving the importance of providing incentives Gains in payroll and in Gross State force behind technology. Without re- for research, and many provide more Produce are not limited to states research and development, the Internet generous tax treatment for research garded as centers for technological in- would not exist. Without research and and experimentation expenses than novation. Although such regions of the development, bone marrow transplants does the United States. As a result, country certainly benefit from the would not be saving lives. Without re- while spending on non-defense R&D in credit, each and every state will profit search and development, global sat- the United States as a percentage of in some measurable way from the cred- ellite networks would not bring instan- GDP has remained relatively flat since it since all sectors of the economy—ag- taneous news from around the world 1985, Japan’s and Germany’s has grown. riculture, mining, basic manufac- into our living rooms. The benefits of the credit, though turing, and high-tech services—benefit Quite simply, Mr. President, research certainly significant, have been limited from productivity improvements re- and development encourages economic over the years by the fact that the sulting from the additional research growth, creates jobs, and gives U.S. credit has been temporary. In addition and development caused by the credit. businesses an edge in today’s competi- to the numerous times that the credit My own State of Montana is an excel- tive world marketplace. has been allowed to lapse only to be ex- lent example of this economic activity. That is why I am proud to be an tended retroactively, the 1996 extension The total increase in payroll due to the original cosponsor of legislation intro- left a 12-month gap during which the R&D credit for the years 1998–2010 is es- duced today by my colleagues Senator credit was not available. This unprece- timated to be just over $250 million. HATCH and Senator BAUCUS. This bill to dented lapse sent a troubling signal to The total increase in Gross State Prod- make permanent the R&D tax credit the U.S. companies and universities uct during this same period is expected will enable private businesses large and that have come to rely on the govern- to be $150 million. Neither of these in- small to spend more of their resources ment’s longstanding commitment to creases place Montana in the top tier on research and development. I have the credit. of States benefiting from the credit. long been a strong supporter of the Much research and development However, looking beyond those num- R&D tax credit and am delighted to takes years to mature. The more un- bers, the impact of the credit in Mon- join the effort to make it permanent. certain the long-term future of the tana is substantial. In 1995, 12 of every As my colleagues know, the credit credit is, the smaller its potential to 1,000 private sector workers were em- was first created in 1981 as a way to en- stimulate increased research. If compa- ployed directly by high-tech firms in courage the development of new and in- nies evaluating research projects can- Montana. Almost 400 establishments novative commercial technologies and not rely on the seamless continuation provided high-technology services, at has been renewed nine times. Unfortu- of the credit, they are less likely to in- an average wage of $34,500 per year. nately, Congress has never made the vest in research in this country, less These jobs paid 77 percent more than tax credit permanent. Such a year to likely to put money into cutting-edge the average private sector wage in 1995 year uncertainty prohibits companies

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5213 from making long-term R&D plans Not surprisingly then, we in Wash- turn since the Great Depression. that take the tax credit into account. ington view the R&D credit as a valued Today, the California economy is This lack of permanency leads inevi- complement to our state’s economic healthy and vibrant, and it is so in no tably to a lower rate of investment in development policies. In fact, the Coo- small part because of the critical role research and development. That, Mr. pers and Lybrand study estimates that played by innovative research and de- President, slows U.S. innovation and the credit will increase Washington’s velopment efforts in nurturing new economic growth, results in fewer jobs Gross State Product by $1.4 billion and ‘‘high tech’’ industries. for Americans, and places U.S. firms at the state’s payroll by $1.6 billion over Today the 150 largest Silicon Valley a competitive disadvantage to foreign the next decade. companies are valued at well-over $500 companies. The Hatch-Baucus legislation to billion, $500 billion which did not exist Making the R&D tax credit perma- make the R&D tax credit permanent two decades ago. Much of this growth nent is one of the easiest and most ef- will benefit Washington and every is a result of ability of companies to fective measures we can take to boost other state in the nation. It is a smart undertake long-rage and sustained re- the effectiveness and efficiency of the and effective piece of legislation. It search in cutting-edge technologies. high tech industry. spurs economic growth, creates jobs, To give just one example: Pericom The credit spurs economic growth. A and helps U.S. companies compete recent study by Coopers & Lybrand Semiconductor, located in San Jose, more effectively. California, has expanded from a start- found that every dollar of tax benefit I am proud to be a cosponsor, and I up company in 1990 to a company with generates as much as one dollar of ad- urge my colleagues to join me in sup- over $50 million in revenue and 175 em- ditional private R and D spending in porting innovation in America.∑ the short term and as much as two dol- ∑ Mrs. FEINSTEIN. Mr. President, I ployees by the end of last year. lars of long-term R and D investment. rise today in support of the Research Pericom is ranked by Deloitte Touche The study concluded that over the and Experimentation Tax Credit, intro- as one of the fastest growing compa- 1998–2010 period, U.S. companies would duced by the Senators from Utah and nies in Silicon Valley. And, according spend 41 billion dollars more on re- Montana. This bill addresses what is in to a letter I received from the Vice search and development if the credit my opinion a long-standing oversight President of Finance and administra- were made permanent. Further, inno- in the tax code, and will create a per- tion at Pericom, utilization of the re- vations from that additional R and D manent extension for the Research and search credit has been key to their suc- investment would add more than 13 bil- Experimentation Tax Credit. cess, enabling them to add engineers, lion dollars a year to the economy’s Indeed, this legislation is necessary conduct research, and expand their productive capacity by the year 2010. because, despite a remarkable record of technology base. The credit creates jobs. Because it is spurring innovation and success—it is I will enter into the RECORD letters I targeted primarily at salaries and regarded by many in the business world have received from several California wages of employees directly involved as the single most effective tool gov- companies regarding the benefits of the in research and experimentation, it is ernment has to help business—the 18 research and experimentation tax cred- an incentive for companies to create year old research and experimentation it. and sustain high-skilled, high-paying tax credit inexplicably remains a tem- The new jobs created at companies jobs. porary provision of the tax code. like Pericom, Genetech, Intel, Lam, The credit helps U.S. companies com- Economists have linked the tax cred- and Xylinx, along with a host of others, pete. The R and D Tax Credit Coali- it to steady economic growth and pro- through utilization of the research and tion, a group of over 1000 American ductivity. Industry leaders have cred- experimentation tax credit also create companies and 52 trade associations ited it with spawning private enter- additional tax revenue, paying back dedicated to making the tax credit per- prise investments. It is especially im- the benefit of the tax credit. manent, argues that the credit is an es- portant to high tech and emerging Research and experimentation is the sential tool for U.S. companies com- growth industries that are driving our lifeblood of high technology develop- peting against foreign firms. Foreign economy. And, because it creates jobs ment, and if we want to replicate the companies often benefit from research and spurs economic activity, the re- success of companies like Pericom and development subsidies from their search and experimentation tax credit across the country it is crucial that we governments. Such incentives lower helps to increase the tax base, paying create a permanent research and ex- the cost of R and D in foreign countries back the benefit of the credit. perimentation tax credit. Yet, despite its many benefits, for 18 and give companies receiving the sub- According to a 1988 study conducted sidies a competitive advantage over years the research and experimen- by the national accounting firm Coo- U.S. firms. According to the Coalition, tation tax credit has remained a tem- pers & Lybrand, a permanent credit U.S. corporate research and develop- porary tax provision requiring regular will increase GDP by nearly $58 billion ment spending lags far behind Ger- renewal. The President’s budget re- (in 1998 dollars) over the next decade. many and Japan as a percentage of quest for FY2000 has, once again, only The productivity gains from a perma- sales. Making the tax credit permanent requested a one year extension of the nent extension will allow workers will go a long way to eliminate this credit. throughout the nation to earn higher disadvantage. In fact, since 1981, when it was first In my home state of Washington, enacted, the Research and Experimen- wages. hundreds of businesses, both large and tation Tax Credit has been extended Whether it is advances in health small, use the R&D tax credit to de- nine times. In four instances the re- care, information technology, or envi- velop new and innovative products and search credit had expired before being ronmental design, research and devel- create jobs. In fact, Washington is renewed retroactively and, in one in- opment are critical ingredients for making a name for itself as the home stance, it was renewed for a mere six fueling the process of economic growth. of a large and growing high technology months. Moreover, aggressive research and industry. Last year, the American This is not a process which is condu- experimentation is essential for U.S. Electronics Association named Wash- cive to encouraging business invest- industries fighting to be competitive in ington a ‘‘cyber state’’ and found that ment in the innovative industries— the world marketplace. 45 out of every 1,000 private sector high technology, electronics, com- Right now American biotechnology is workers in the state are employed by puters, software, and biotechnology, the world leader in developing effective high-tech firms. According to AEA, among others—which will provide fu- treatments and biotech is considered Washington leads the nation in high- ture strength and growth for the U.S. one of the critical technologies for the tech wages with an average high-tech economy. twenty-first century. With other coun- salary in the state of over 66 thousand Earlier in this decade California was tries heavily-subsidizing research and dollars a year. faced with its severest economic down- development, it is critical that U.S.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5214 CONGRESSIONAL RECORD—SENATE March 23, 1999 companies also receive incentive to in- TEXAS INSTRUMENTS, ployment require us to continue to nourish vest the necessary resources to stay on SILICON SYSTEMS, INC., innovation while encouraging our employees top of breakthrough developments. Santa Cruz, CA, March 9, 1999. to be as productive and creative as possible. Hon. DIANE FEINSTEIN, Our nation has the potential to lead the Most biotech research and develop- Hart Senate Office Building, world into a prosperous new century of ment efforts are long term projects U.S. Senate, Washington, DC growth, given appropriate federal policy— spanning five to ten years, sometimes DEAR SENATOR FEINSTEIN: I write to you in such as making permanent the R&D tax more. The uncertainty created by the my capacity as Santa Cruz Fab Director of credit. temporary and sporadic extensions is Texas Instruments. Although we have oper- Again, thank you for all your previous efforts in support of the R&D tax credit. If incompatible with the basic needs of ations throughout the United States, especially in Texas, we have significant oper- there is any additional information that we biotech innovation—providing compa- can provide to you in support of this impor- nies with a stable time frame to plan, ations in Santa Cruz, San Jose, Tustin and Santa Barbara, California. Thank you for tant provision, please feel free to contact launch, and conduct research activi- your support for the Research and Develop- me. ties. In the case of a promising but fi- ment (R&D) tax credit and your efforts to Sincerely, nancially intensive research project, make the credit permanent. We support the JAMES D. JENSEN, ∑ such unpredictability can make the bill recently introduced by Reps. Johnson Santa Cruz Fab Director. difference as to whether the project is and Matsui. Making the R&D tax credit per- ∑ Mr. LIEBERMAN. Mr. President, I completed or abandoned. manent is our top tax priority for 1999. am pleased to join Senators HATCH and Texas Instruments is a global semicon- Anyone who has watched the growth BAUCUS today in cosponsoring a bill to ductor company employing over 34,000 people make the Research and Experimen- of America’s high tech sector in the worldwide. We are the world’s leading de- tation Tax Credit permanent. Techno- past two decades—much of it in Cali- signer and supplier of digital signal proc- logical innovation is the major factor fornia—has seen first hand how re- essing (DSP) and analog technologies, the driving economic and income growth in search and development investment engines driving the digitization of elec- America today. A one percent increase leads to new jobs, new businesses, and tronics. DSP is the enabler of products and processes yet to be imagined. It is a 3.9 bil- in our nation’s investment in research even entire new industries. And anyone results in a productivity increase of who has benefitted from breakthrough lion dollar market today. It should hit 13 billion dollars within the next five years. If one 0.23 percent. Productivity increases are products—from new treatments for ge- adds mixed signal and analog products, the what allow us to increase wages and netic disorders to cleansing contami- total market could be in excess of 60 billion standards of living. The R&D under- nated groundwater—has felt the effect dollars by the year 2002. taken by our companies today is too of this tax credit. The R&D tax credit provides a significant important to our economy and our Mr. President, I believe that the re- incentive for companies to perform addi- wages to allow its encouragement search and experimentation tax credit tional amounts of R&D activity. Given the through tax credits to be an unstable, has proven its worth in creating new inherent riskiness of this type of investment, the credit makes for sound tax policy. Be- haphazard effort varying from one year technologies and jobs, and in growing cause the R&D credit is primarily a wage to the next. tax revenues for this country. It should credit, most of this additional investment is Moreover, R&D has a significantly not be imperilled by remaining a tem- directly connected to the creation and main- higher rate of return at the societal porary credit, subject to termination tenance of high-wage professional jobs. level than at the company level. There because of the uncertainty of a given Additionally, the creation of new products is a huge spillover effect from one per- political moment. I urge my colleagues and broadening the scope of technical knowl- son’s or one company’s innovation to to support this bill and to create a per- edge benefits Americans generally. We spe- other firms, other industries, and bene- manent extension for the Research and cialize in digital signal processing solutions, fits to consumers. That is why govern- enabling the nation to be more efficient and Experimentation Tax Credit. ment has a role in supporting R&D more productive. Ultimately, the nation’s both directly through government I ask that letter in support of the bill employees will earn higher wages and pay be printed in the RECORD. more taxes because Texas Instruments and funded research and through tax credits to private industry. All of society The material follows: other California companies are investing in benefits from increased R&D. I strong- PERICOM, the future through research. October 13, 1998. To best harness the incentive nature of the ly support making the R&D tax credit Sen. DIANNE FEINSTEIN, R&D tax credit, we believe that Congress permanent so that our companies can Washington, DC. should make the credit permanent. Texas In- engage confidently in long-term plan- This is a letter to let you know how we are struments and the entire high tech commu- ning for sustained research investment. able to utilize the benefits of the Research nity would like to be able to rely upon the I believe making the R&D tax credit and Development Tax Credit. existence of the credit beyond the average permanent is a priority. I also feel we six months to 11⁄2 year extension that has Pericom Semiconductor—located in San must strengthen the United States in- characterized the treatment of the credit Jose, California—has expanded from a start- vestment in R&D through other means since 1986. This would allow us to devote up in 1990 to $50M in revenue with 175 people even more resources to R&D activities, and as well. Senators FRIST, ROCKEFELLER, as of September 1998. The savings that we ob- quite possibly hire even more Californians. DOMENICI, GRAMM and I are sponsoring tain through the utilization of the research There is another way to look at this: Con- a bill, S. 296—with 29 cosponsors—to credit have enabled us to add engineers to gress and the Administration need to take double federal investment in research help us expand our technology base. We were steps to ensure that U.S. companies are over the next decade. Government labs ranked as one of the fastest growing compa- equipped to compete in the international nies in Silicon Valley as a result of a and University labs undertake much of marketplace. In the semiconductor industry, Deloitte Touche survey. the basic research in this country. We we have always faced a continuing threat The benefit to our country is that we ex- need to nurture these incubators of from foreign competitors such as those in basic research not only by increasing port about 50% of our revenue to Asia Pacific Japan, Korea or Taiwan. The R&D tax credit and Europe. This helps with the balance of is a step that helps U.S. companies as they government support for them, but to trade. compete in the global marketplace. It does encourage private sector support and The engineers that we hire also pay their this by encouraging R&D activities, which in financing of them. That is why Sen- fair share of taxes so the benefit of the tax turn result in greater employment opportu- ators DOMENICI, BINGAMAN, FRIST and I credit is paid back and I’m sure are more nities. support some reforms to the R&D tax than revenue neutral. It enables them to buy As you know, high-technology firms have a credit that will encourage the private goods and services which has the spiral effect critical role to play in the future of the na- sector to partner with Government and of making our country that much stronger. tion, and we all need to work to keep busi- University labs. We will shortly be in- We respect your efforts on our behalf and nesses like ours here in the U.S. As the world view the extension as a must for us. There is quickly shifts to a service economy, high sal- troducing a bill to increase the benefits no known reason not to pass it. ary jobs that can sustain the American of the R&D credit to all companies, en- Sincerely, standard of living are becoming increasingly courage research consortia, and give PATRICK B. BRENNAN, linked to high value-added, high-tech profes- special attention to research invest- Vice President, Finance and Administration. sions. Future economic growth and high em- ment by small businesses.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5215 The reason we have been unable to newals to continue. I therefore urge my to provide support and reassurance for make the R&D tax credit permanent is colleagues to join me in support of this women who have just undergone major because it requires that the expendi- legislation to make the R&E tax credit surgery. tures be scored for five years, thereby permanent.∑ Nevertheless, some patients have raising the budget costs. Extending the been told that their health mainte- credit each year, sometimes at the last By Mr. DASCHLE (for himself, nance organization (HMO) will cover minute and sometimes retroactively, Mr. INOUYE, Mr. LAUTENBERG, their major surgery only on an out- does not lower the cost to government, Mr. CLELAND, Mr. JOHNSON, Ms. patient basis. These determinations but increases the costs to industry by MIKULSKI, Mr. SARBANES, Mrs. have been made on the basis of studies increasing its risk and uncertainty. MURRAY, and Mr. HOLLINGS): by their own actuarial consulting Let’s stop this charade and do what’s S. 681. A bill to amend the Public firms. However, both American College right. Let’s make it permanent.∑ Health Service Act and Employee Re- of Surgeons and the American Medical ∑ Mr. ROCKEFELLER. Mr. President, I tirement Income Security Act of 1974 Association have concluded that inpa- rise today with my colleagues Senator to require that group and individual tient stays are recommended in many HATCH and Senator BAUCUS in intro- health insurance coverage and group cases. Women suffering from breast ducing legislation to permanently ex- health plans provide coverage for a cancer deserve to know that their intend the research and experimentation minimum hospital stay for surance will cover care based on their (R&E) tax credit. This credit provides a mastectomies and lymph node dissec- medical needs rather than the coverage major incentive to the private sector tions performed for the treatment of recommendations made by HMO actu- to invest in long-range, high-risk re- breast cancer, to the Committee on aries. search. It has played, and continues to Health, Education, Labor, and Pen- My bill is a companion to H.R. 116, play an important role in fostering pri- sions. which was introduced in the House of vate-sector investment in research, BREAST CANCER PATIENT PROTECTION ACT Representatives by Congresswoman driving innovation in our technology- Mr. DASCHLE. Mr. President, today DeLauro. I would like to express appre- based industries. I am introducing the Breast Cancer Pa- ciation to Congresswoman DeLauro, Economic studies have shown that tient Protection Act of 1999, which re- and to Senators FEINSTEIN, MIKULSKI for each dollar of lost tax revenue, the quires health insurance plans to pro- and MURRAY, for their tireless efforts tax credit stimulates an additional dol- vide coverage for a minimum hospital on behalf of breast cancer patients. All lar of R&E in the short term and two stay for mastectomies and lymph node have been invaluable leaders who have additional dollars in the long term. dissections performed to treat breast inspired and challenged us to address These research investments promote cancer. the very real need for breast cancer technological innovation, enhance job This bill would prevent insurance treatment reform. growth, and increase productivity, companies and health maintenance or- As we discuss the importance of en- helping to maintain our nation’s qual- ganizations (HMOs) from forcing suring quality care for breast cancer ity of life and economic strength and women to leave the hospital pre- sufferers who have health insurance, it well-being. maturely following a mastectomy or is also important to note that many The R&E tax credit was enacted in lymph node dissection or to have these women in the United States must fight 1981, and since then has been tempo- treatments on an outpatient basis. In- this life-threatening disease without rarily extended nine times, for periods surance company accountants should any health insurance at all. The Cen- as brief as six months, and has been al- not make medical decisions without ters for Disease Control (CDC) funds lowed to lapse at least three times be- considering a doctor’s judgments or a breast and cervical cancer screening— fore being renewed retroactively. This patient’s needs. This legislation is part in South Dakota, 1300 low-income is simply not an acceptable situation, of my ongoing effort to protect pa- women have been screened during the especially if we mean to create a busi- tients and require that insurance com- past 18 months—but there is no funding ness climate which encourages the pri- panies deliver necessary, promised cov- for actual treatment when that screen- vate sector to fund as much R&E as erage. The Patients’ Bill of Rights Act, ing detects cancer. While the CDC ef- possible in the U.S., and not to move S.6, also addresses these types of fort is a critical part of the fight these activities off shore to countries abuses, while providing a range of against cancer, it is ironic that those that offer more substantial tax and fi- other important protections. women who test positive for breast and nancial incentives. This is a particu- The Breast Cancer Patient Protec- cervical cancer may have no way to larly critical concern for our high- tion Act would guarantee women at pay for the treatment they need. growth, research-intensive industries, least 48 hours of inpatient care fol- With one in eight women expected to such as those in the computer, tele- lowing a mastectomy and at least 24 develop breast cancer, it is increas- communications, and biotechnology hours following lymph node dissection. ingly likely that all of our families will sectors. These companies depend on the These standards were designed in con- be affected by this devastating disease R&E tax credit to undertake and consultation with surgeons who specialize in some way. In South Dakota, 500 tinue long-term research projects. To in this area and reflect the minimum women will be diagnosed with, and 100 ensure the success of such projects it is amount of inpatient care necessary fol- will die of, breast cancer in the next 12 essential that our support for industry lowing these procedures. Patients, in months. Let us take this small step to research is both continuous and pre- consultation with their physicians, ensure the experience is not com- dictable—our future competitiveness in would be able to leave the hospital ear- plicated by insecurity and confusion the world marketplace depends upon it. lier if their situation warrants. The over health insurance coverage. Let us The federal government is reducing bottom line is still that insurers should put critical health care decisions back its commitment to research and devel- allow coverage for the time necessary in the hands of breast cancer patients opment. We therefore need to encour- to ensure a proper recovery. and their physicians. age the private sector to expand its in- Over the last several years, the aver- Mr. President, I ask unanimous con- vestment in this area. By making the age length of hospitalization following sent that the text of the bill be printed R&E tax credit permanent, so that a mastectomy has fallen from 4–6 to 2– in the RECORD. companies can count on its availability 3 days. Patients undergoing lymph There being no objection, the bill was from year to year in planning their re- node dissections in the past were hos- ordered to printed in the RECORD, as search investments, we create an envi- pitalized for 2–3 days. While some of follows: ronment conducive to promoting in- the reductions in length of care may be S. 681 vestment in R&E. We must not allow a the result of better medical practices, Be it enacted by the Senate and House of system characterized by the uncer- hospitalization is still critical for pain Representatives of the United States of America tainty of frequent expirations and re- control, to manage fluid drainage, and in Congress assembled,

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5216 CONGRESSIONAL RECORD—SENATE March 23, 1999 SECTION 1. SHORT TITLE. health insurance coverage offered by a tomy for the treatment of breast cancer to This Act may be cited as the ‘‘Breast Can- health insurance issuer, which does not pro- less than 48 hours, or cer Patient Protection Act of 1999’’. vide benefits for hospital lengths of stay in ‘‘(ii) restrict benefits for any hospital SEC. 2. COVERAGE OF MINIMUM HOSPITAL STAY connection with a mastectomy or lymph length of stay in connection with a lymph FOR CERTAIN BREAST CANCER node dissection for the treatment of breast node dissection for the treatment of breast TREATMENT. cancer. cancer to less than 24 hours, or (a) GROUP HEALTH PLANS.— ‘‘(3) Nothing in this section shall be con- ‘‘(B) require that a provider obtain author- (1) PUBLIC HEALTH SERVICE ACT AMEND- strued as preventing a group health plan or ization from the plan or the issuer for pre- MENTS.— issuer from imposing deductibles, coinsur- scribing any length of stay required under (A) IN GENERAL.—Subpart 2 of part A of ance, or other cost-sharing in relation to subparagraph (A) (without regard to para- title XXVII of the Public Health Service Act benefits for hospital lengths of stay in con- graph (2)). is amended by adding at the end the fol- nection with a mastectomy or lymph node ‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not lowing new section: dissection for the treatment of breast cancer apply in connection with any group health ‘‘SEC. 2707. STANDARDS RELATING TO BENEFITS under the plan (or under health insurance plan or health insurance issuer in any case FOR CERTAIN BREAST CANCER coverage offered in connection with a group in which the decision to discharge the TREATMENT. health plan), except that such coinsurance or woman involved prior to the expiration of ‘‘(a) REQUIREMENTS FOR MINIMUM HOSPITAL other cost-sharing for any portion of a period the minimum length of stay otherwise re- STAY FOLLOWING MASTECTOMY OR LYMPH within a hospital length of stay required quired under paragraph (1)(A) is made by an NODE DISSECTION.— under subsection (a) may not be greater than attending provider in consultation with the ‘‘(1) IN GENERAL.—A group health plan, and woman. a health insurance issuer offering group such coinsurance or cost-sharing for any pre- ‘‘(b) PROHIBITIONS.—A group health plan, health insurance coverage, may not— ceding portion of such stay. ‘‘(d) NOTICE.—A group health plan under and a health insurance issuer offering group ‘‘(A) except as provided in paragraph (2)— this part shall comply with the notice re- health insurance coverage in connection ‘‘(i) restrict benefits for any hospital quirement under section 713(d) of the Em- with a group health plan, may not— length of stay in connection with a mastec- ployee Retirement Income Security Act of ‘‘(1) deny to a woman eligibility, or contin- tomy for the treatment of breast cancer to 1974 with respect to the requirements of this ued eligibility, to enroll or to renew cov- less than 48 hours, or section as if such section applied to such erage under the terms of the plan, solely for ‘‘(ii) restrict benefits for any hospital plan. the purpose of avoiding the requirements of length of stay in connection with a lymph ‘‘(e) LEVEL AND TYPE OF REIMBURSE- this section; node dissection for the treatment of breast MENTS.—Nothing in this section shall be con- ‘‘(2) provide monetary payments or rebates cancer to less than 24 hours, or strued to prevent a group health plan or a to women to encourage such women to ac- ‘‘(B) require that a provider obtain author- health insurance issuer offering group health cept less than the minimum protections ization from the plan or the issuer for pre- insurance coverage from negotiating the available under this section; scribing any length of stay required under level and type of reimbursement with a pro- ‘‘(3) penalize or otherwise reduce or limit subparagraph (A) (without regard to para- vider for care provided in accordance with the reimbursement of an attending provider graph (2)). this section. because such provider provided care to an in- ‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not ‘‘(f) PREEMPTION; EXCEPTION FOR HEALTH dividual participant or beneficiary in accord- apply in connection with any group health INSURANCE COVERAGE IN CERTAIN STATES.— ance with this section; plan or health insurance issuer in any case ‘‘(1) IN GENERAL.—The requirements of this ‘‘(4) provide incentives (monetary or other- in which the decision to discharge the section shall not apply with respect to wise) to an attending provider to induce such woman involved prior to the expiration of health insurance coverage if there is a State provider to provide care to an individual par- the minimum length of stay otherwise re- law (as defined in section 2723(d)(1)) for a ticipant or beneficiary in a manner incon- quired under paragraph (1)(A) is made by an State that regulates such coverage that is sistent with this section; or attending provider in consultation with the described in any of the following subpara- ‘‘(5) subject to subsection (c)(3), restrict woman. graphs: benefits for any portion of a period within a ‘‘(b) PROHIBITIONS.—A group health plan, ‘‘(A) Such State law requires such coverage hospital length of stay required under sub- and a health insurance issuer offering group to provide for at least a 48-hour hospital section (a) in a manner which is less favor- health insurance coverage in connection length of stay following a mastectomy per- able than the benefits provided for any pre- with a group health plan, may not— formed for treatment of breast cancer and at ceding portion of such stay. ‘‘(1) deny to a woman eligibility, or contin- least a 24-hour hospital length of stay fol- ‘‘(c) RULES OF CONSTRUCTION.— ued eligibility, to enroll or to renew cov- lowing a lymph node dissection for treat- ‘‘(1) Nothing in this section shall be con- erage under the terms of the plan, solely for ment of breast cancer. strued to require a woman who is a partici- the purpose of avoiding the requirements of ‘‘(B) Such State law requires, in connec- pant or beneficiary— this section; tion with such coverage for surgical treat- ‘‘(A) to undergo a mastectomy or lymph ‘‘(2) provide monetary payments or rebates ment of breast cancer, that the hospital node dissection in a hospital; or to women to encourage such women to ac- length of stay for such care is left to the de- ‘‘(B) to stay in the hospital for a fixed pe- cept less than the minimum protections cision of (or required to be made by) the at- riod of time following a mastectomy or available under this section; tending provider in consultation with the lymph node dissection. ‘‘(3) penalize or otherwise reduce or limit woman involved. ‘‘(2) This section shall not apply with re- the reimbursement of an attending provider ‘‘(2) CONSTRUCTION.—Section 2723(a)(1) shall spect to any group health plan, or any group because such provider provided care to an in- not be construed as superseding a State law health insurance coverage offered by a dividual participant or beneficiary in accord- described in paragraph (1).’’. health insurance issuer, which does not pro- ance with this section; (B) CONFORMING AMENDMENT.—Section vide benefits for hospital lengths of stay in ‘‘(4) provide incentives (monetary or other- 2723(c) of the Public Health Service Act (42 connection with a mastectomy or lymph wise) to an attending provider to induce such U.S.C. 300gg–23(c)) is amended by striking node dissection for the treatment of breast provider to provide care to an individual par- ‘‘section 2704’’ and inserting ‘‘sections 2704 cancer. ticipant or beneficiary in a manner incon- and 2707’’. ‘‘(3) Nothing in this section shall be consistent with this section; or (2) ERISA AMENDMENTS.— strued as preventing a group health plan or ‘‘(5) subject to subsection (c)(3), restrict (A) IN GENERAL.—Subpart B of part 7 of issuer from imposing deductibles, coinsur- benefits for any portion of a period within a subtitle B of title I of the Employee Retire- ance, or other cost-sharing in relation to hospital length of stay required under sub- ment Income Security Act of 1974 is amended benefits for hospital lengths of stay in con- section (a) in a manner which is less favor- by adding at the end the following new sec- nection with a mastectomy or lymph node able than the benefits provided for any pre- tion: dissection for the treatment of breast cancer ceding portion of such stay. ‘‘SEC. 714. STANDARDS RELATING TO BENEFITS under the plan (or under health insurance ‘‘(c) RULES OF CONSTRUCTION.— FOR CERTAIN BREAST CANCER coverage offered in connection with a group ‘‘(1) Nothing in this section shall be con- TREATMENT. health plan), except that such coinsurance or strued to require a woman who is a partici- ‘‘(a) REQUIREMENTS FOR MINIMUM HOSPITAL other cost-sharing for any portion of a period pant or beneficiary— STAY FOLLOWING MASTECTOMY OR LYMPH within a hospital length of stay required ‘‘(A) to undergo a mastectomy or lymph NODE DISSECTION.— under subsection (a) may not be greater than node dissection in a hospital; or ‘‘(1) IN GENERAL.—A group health plan, and such coinsurance or cost-sharing for any pre- ‘‘(B) to stay in the hospital for a fixed pe- a health insurance issuer offering group ceding portion of such stay. riod of time following a mastectomy or health insurance coverage, may not— ‘‘(d) NOTICE UNDER GROUP HEALTH PLAN.— lymph node dissection. ‘‘(A) except as provided in paragraph (2)— The imposition of the requirements of this ‘‘(2) This section shall not apply with re- ‘‘(i) restrict benefits for any hospital section shall be treated as a material modi- spect to any group health plan, or any group length of stay in connection with a mastec- fication in the terms of the plan described in

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5217 section 102(a)(1), for purposes of assuring no- 1974 with respect to the requirements re- adopted in 1996 from outside the United tice of such requirements under the plan; ex- ferred to in subsection (a) as if such section States. cept that the summary description required applied to such issuer and such issuer were a The Intercountry Adoption Imple- to be provided under the last sentence of sec- group health plan. mentation Act will provide for the first tion 104(b)(1) with respect to such modifica- ‘‘(c) PREEMPTION; EXCEPTION FOR HEALTH time a rational structure for inter- tion shall be provided by not later than 60 INSURANCE COVERAGE IN CERTAIN STATES.— days after the first day of the first plan year ‘‘(1) IN GENERAL.—The requirements of this country adoption. The act is intended in which such requirements apply. section shall not apply with respect to to bring some accountability to agen- ‘‘(e) LEVEL AND TYPE OF REIMBURSE- health insurance coverage if there is a State cies that provide intercountry adoption MENTS.—Nothing in this section shall be con- law (as defined in section 2723(d)(1)) for a services in the United States, and strued to prevent a group health plan or a State that regulates such coverage that is strengthen the hand of the Secretary of health insurance issuer offering group health described in any of the following subpara- State in ensuring that U.S. adoption insurance coverage from negotiating the graphs: agencies engage in efforts to find level and type of reimbursement with a pro- ‘‘(A) Such State law requires such coverage vider for care provided in accordance with to provide for at least a 48-hour hospital homes for children in an ethical man- this section. length of stay following a mastectomy per- ner. ‘‘(f) PREEMPTION; EXCEPTION FOR HEALTH formed for treatment of breast cancer and at Mr. President, I strongly support INSURANCE COVERAGE IN CERTAIN STATES.— least a 24-hour hospital length of stay fol- adoption. It is in the best interest of ‘‘(1) IN GENERAL.—The requirements of this lowing a lymph node dissection for treat- every child—regardless of his or her section shall not apply with respect to ment of breast cancer. age, race or special need—to be raised health insurance coverage if there is a State ‘‘(B) Such State law requires, in connec- by a family who will provide a safe, law (as defined in section 731(d)(1)) for a tion with such coverage for surgical treat- permanent, and nurturing home. How- State that regulates such coverage that is ment of breast cancer, that the hospital described in any of the following subpara- length of stay for such care is left to the de- ever, it is also a process that can leave graphs: cision of (or required to be made by) the at- parents and children vulnerable to ‘‘(A) Such State law requires such coverage tending provider in consultation with the fraud and abuse. to provide for at least a 48-hour hospital woman involved. For this reason, the legislation that length of stay following a mastectomy per- ‘‘(2) CONSTRUCTION.—Section 2762(a) shall Senator LANDRIEU and I are intro- formed for treatment of breast cancer and at not be construed as superseding a State law ducing today includes a requirement least a 24-hour hospital length of stay fol- described in paragraph (1).’’. that agencies be accredited to provide lowing a lymph node dissection for treat- (2) CONFORMING AMENDMENT.—Section intercountry adoption. Mandatory ment of breast cancer. 2762(b)(2) of the Public Health Service Act (42 standards for accreditation will include ‘‘(B) Such State law requires, in connec- U.S.C. 300gg–62(b)(2)), as added by section tion with such coverage for surgical treat- 605(b)(3)(B) of Public Law 104–204, is amended ensuring that a child’s medical records ment of breast cancer, that the hospital by striking ‘‘section 2751’’ and inserting be available in English to the prospec- length of stay for such care is left to the de- ‘‘sections 2751 and 2753’’. tive parents prior to their traveling to cision of (or required to be made by) the at- (c) EFFECTIVE DATES.— the foreign country to finalize an adop- tending provider in consultation with the (1) GROUP HEALTH INSURANCE.—The amend- tion. (We are also requiring that agen- woman involved. ments made by subsection (a) shall apply cies be transparent, especially in their ‘‘(2) CONSTRUCTION.—Section 731(a)(1) shall with respect to group health plans for plan rate of disrupted adoption and their fee years beginning on or after January 1, 2000. not be construed as superseding a State law scales.) described in paragraph (1).’’. (2) INDIVIDUAL HEALTH INSURANCE.—The This legislation also places the re- (B) CONFORMING AMENDMENT.— amendment made by subsection (b) shall (i) Section 731(c) of the Employee Retire- apply with respect to health insurance cov- quirements of implementing the Hague ment Income Security Act of 1974 (29 U.S.C. erage offered, sold, issued, renewed, in effect, Convention with the U.S. Secretary of 1191(c)), as amended by section 603(b)(1) of or operated in the individual market on or State. Some have advocated a role for Public Law 104–204, is amended by striking after such date. various government agencies, but I be- ‘‘section 711’’ and inserting ‘‘sections 711 and lieve that spreading responsibility 714’’. By Mr. HELMS (for himself and among various agencies will undermine (ii) Section 732(a) of the Employee Retire- Ms. LANDRIEU): the effective implementation of the ment Income Security Act of 1974 (29 U.S.C. S. 682. A bill to implement the Hague Hague Convention. 1191a(a)), as amended by section 603(b)(2) of Convention on Protection of Children Public Law 104–204, is amended by striking During hearings last year in the For- and Co-operation in Respect of Inter- eign Relations Committee regarding ‘‘section 711’’ and inserting ‘‘sections 711 and country Adoption, and for other pur- 714’’. international parental kidnaping, the (C) TABLE OF CONTENTS.—The table of con- poses; to the Committee on Foreign Committee heard testimony regarding tents in section 1 of the Employee Retire- Relations. the difficulties of coordination among ment Income Security Act of 1974 is amended HAGUE CONVENTION agencies in implementing the Hague by inserting after the item relating to sec- Mr. HELMS. Mr. President, I send to Convention on the Civil Aspects of Pa- tion 713 the following new item: the desk legislation that the distin- rental Abduction. This situation pro- ‘‘Sec. 714. Standards relating to benefits for guished Senator from Louisiana, Ms. vides a valuable lesson. As a result, our certain breast cancer treatment.’’. LANDRIEU and I are introducing today, legislation tasks the Secretary of State (b) INDIVIDUAL HEALTH INSURANCE.— its purpose being to implement the with establishing accreditation criteria (1) IN GENERAL.—Part B of title XXVII of Hague Convention on Protection of for adoption agencies. the Public Health Service Act is amended by Children and Cooperation in Respect of The Foreign Relations Committee inserting after section 2752 the following new Intercountry Adoption—a treaty pend- soon will schedule hearings to consider section: ing before the Foreign Relations Com- both the treaty and this legislation. I ‘‘SEC. 2753. STANDARDS RELATING TO BENEFITS mittee. hope that these hearings will empha- FOR CERTAIN BREAST CANCER Senator LANDRIEU and I have worked size both the many benefits of inter- TREATMENT. ‘‘(a) IN GENERAL.—The provisions of sec- together on issues of adoption since her country adoption, but also several of tion 2707 (other than subsection (d)) shall arrival in the Senate in 1997. I am the abuses that have resulted during apply to health insurance coverage offered genuinely grateful for her leadership this decade. by a health insurance issuer in the indi- on this issue. Ms. LANDRIEU. Mr. President, I am vidual market in the same manner as it ap- According to the most recent statis- very proud to join with my friend and plies to health insurance coverage offered by tics, in 1998 almost 15,774 children were colleague, the senior Senator from a health insurance issuer in connection with adopted by Americans from abroad. North Carolina, in introducing the im- a group health plan in the small or large The majority of the children were plementing legislation for the Hague group market. ‘‘(b) NOTICE.—A health insurance issuer brought to the United States from Rus- Convention on Intercountry Adoption. under this part shall comply with the notice sia, China, Korea, and Central and As many Members know, Senator requirement under section 714(d) of the Em- South American countries. In my state HELMS cares deeply about the welfare ployee Retirement Income Security Act of of North Carolina, 175 children were of children and knows personally of the

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5218 CONGRESSIONAL RECORD—SENATE March 23, 1999 joy of building a family through adop- homes around the world for millions of help our children and families grow and tion. I commend him for his strong families. become stronger, but rarely do we have commitment, his leadership, and the This is another simple but bold idea. an opportunity to do something which very thoughtful work that he has put Every child deserves a nurturing fam- can have a significant impact on actu- into this important piece of legisla- ily. This treaty doesn’t guarantee that, ally creating loving homes for children tion. but it will give millions of children who have no one. This is such an occa- In my office, I have a large black and their best chance for a family to call sion. We should not miss this historic white poster of a smiling infant crawl- their own. Furthermore, it will give opportunity. ing only in a diaper. On the baby’s bot- millions of would-be parents a better I look forward to working with our tom, on the diaper, is a huge bull’s eye. chance at the joy of parenthood. We chairman from North Carolina as this The text says simply, ‘‘Children always cannot let arbitrary borders and na- bill and treaty progress through the make the easiest targets.’’ tional pride get in the way of this sim- Senate in the months ahead. It is with Unfortunately, Madam President, ple but powerful idea, that every child high hopes that we proceed, hoping that seems to be true in our legislative should have parents who can love and that we can pass a strong, bipartisan and budgetary process. They don’t care for them. No child should have to piece of legislation before the end of move very quickly, they are not very be raised alone. the year. strong, they don’t have very loud The Hague Convention, by normal- Madame President, the need to help voices and they can’t protect them- izing the process of intercountry adop- children find loving homes, is as old as selves. We need to help them do that. tion, brings this bold idea a step closer human history. You can look all the It would have been easy for the chair- to reality. way back to Muhammad who stated man of the Senate Foreign Relations I will briefly touch upon several im- that ‘‘the best house is the house in Committee to come to this floor on one portant pieces of this legislation. First, which an orphan receives care.’’ I hope of the dozens of other important trea- let me say that this treaty is not a we can create many such houses with ties that he has pending before his Federal endeavor to take control of the this bill. I would like to conclude with committee. It would have required no adoption process. This system is work- a quote I read in preparation for this effort to leave this relatively obscure ing for the most, and in many parts of speech that I found quite moving. It treaty languishing in limbo for months the country it works very well. The says that ‘‘orphans, other than their or even years. Instead, Senator HELMS philosophy throughout has been to ad- innocence, have no sin, and other than made this treaty a priority. I am very dress the real need for reform of inter- their tears, they have no way of com- proud to join him as a lead democratic country adoptions and leave the other munication. They cannot explain the sponsor of its implementing legisla- debate to another day. wars, the struggles, the political dis- tion, which will benefit millions of This bill, however, does make several putes, or the geographical disputes children throughout the world, and changes which will revolutionize the which have all made them homeless, families around the globe. status quo. First, the State Depart- helpless, fearful, and alone. Human his- I have had the opportunity to meet ment will finally be given legislative tory has never seen such a large num- with many foreign dignitaries on the authority to track, monitor and report ber of orphan children in this world. subject of intercountry adoption, from on intercountry adoptions. We will Mankind has never seen such a large China to Russia, to Romania. Many have hard figures on disruptions, adop- number of people in comfort. If you fol- countries have indicated that the tion fees, and most importantly, the low any religion, it is your religious United States ratification of the Hague number of American children who are duty to take care of orphans. If you do Convention is the single most impor- adopted by people abroad. not follow any religion, it is your ob- tant thing we can do to strengthen the Second, accredited agencies will need servation toward humanity that should process of intercountry adoption. The to provide some minimum services to convince you to support them.’’ United States adopts more children continue operating in the intercountry I ask unanimous consent that docu- than any other country in the world. field. Among these services are trans- ments involving those nations that Unfortunately, this Nation and other lated medical reports, 6 weeks of have signed the treaty be printed in large receiving nations have been send- preadoption counseling, liability insur- the RECORD as well as those that have ing the wrong message about our inten- ance and open examination of practices ratified the treaty. tions regarding adoption. and records. By allowing public scru- There being no objection, the mate- A nation like Romania, for instance, tiny in this area, we believe the Hague rial was ordered to be printed in the which has had a tortured history in the implementing legislation provides RECORD, as follows: field of child welfare indicated the im- some basic consumer protection and The Following States Have Ratified The portance of this treaty by being the will help eliminate the few bad actors Hague Convention of 29 May 1993 On Protec- first nation to ratify. For that, they who occasionally grab headlines in the tion of Children and Co-Operation In Respect should be commended. arena of international adoption. of Intercountry: Other sending countries have simi- Another significant feature of this Entry Into Force larly stepped up to the plate, while re- treaty is the adoption certificate which Mexico, September 14, 1994, May 1, 1995 ceiving nations remain inactive. We will be provided by the Secretary of Romania, December 28, 1994, May 1, 1995 must change that. State. With the certificate, INS proce- Sri Lanka, January 23, 1995, May 1, 1995 Cyprus, February 20, 1995, June 1, 1995 Today, in the Senate, we send a new dures and State court finalizations will Poland, June 12, 1995, October 1, 1995 message to the world. The United become routine and quick rather than Spain, July 11, 1995, November 1, 1995 States is serious about the Hague con- involved and costly. This will be a wel- Ecuador, September 7, 1995, January 1, 1996 vention. We are serious about improv- come relief for many families across Peru, September 14, 1995, January 1, 1996 ing and reforming the intercountry this country waiting for children to Costa Rica, October 30, 1995, February 1, adoption system, and we will encour- 1996 come home. Burkina Faso, January 11, 1996, May 1, 1996 age other nations of the world to join Americans provide loving families for Philippines, July 2, 1996, November 1, 1996 us in that effort. nearly 15,000 children from around the Canada, December 19, 1996, April 1, 1997 Habitat for Humanity’s Millard world. If we pass this convention, those Venezuela, January 10, 1997, May 1, 1997 Fuller, a man who has accomplished a numbers are most certainly likely to Finland, March 27, 1997, July 1, 1997 great deal in the last few years, has a increase, which will be an opportunity Sweden, May 28, 1997, September 1, 1997 Denmark, July 2, 1997, November 1, 1997 credo for his organization. He says ev- for families here in the United States, Total number of ratifications: 16, eryone deserves a decent place to live. as well as many children who des- The Following States Have Signed The He is right. With that simple, but bold perately need homes. Hague Convention of 29 May 1993 On Protec- vision, Habitat for Humanity has been Every day, my colleagues speak elo- tion of Children and Co-Operation In Respect an incredible success story, building quently from this floor about ways to of Intercountry Adoption:

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5219 Costa Rica, 29 May 1993 creditors, and allowing debt to be ad- In my opinion, for too long the fish- Mexico, 29 May 1993 justed, the business will have an oppor- ing industry has been treated like an Romania, 29 May 1993 tunity to get back on sound financial oddity, rather than a business through Brazil, 29 May 1993 footing and thrive. In that vein, Chap- Colombia, 1 September 1993 which courses the life’s blood of fami- Uruguay, 1 September 1993 ter 12 was added to the bankruptcy lies and communities. This bill at- Israel, 2 November 1993 code in 1986 by the Senator from Iowa, tempts to bridge that gap and afford Netherlands, 5 December 1993 Mr. GRASSLEY, to provide for bank- fishermen the protection of business United Kingdom, 12 January 1994 ruptcy reorganization of the family reorganization as it is provided to fam- United States, 31 March 1994 farm and to give family farmers a ily farmers. Canada, 12 April 1994 ‘‘fighting chance to reorganize their There are many similarities between Finland, 19 April 1994 debts and keep their land’’. the family farmer and the family fish- Burkina Faso, 19 April 1994 To provide the ‘‘fighting chance’’ en- Equador, 3 May 1994 erman. Like the family farmer, the Sri Lanka, 24 May 1994 visioned by the authors of Chapter 12, fisherman should not only be respected Peru, 16 November 1994 Congress provided a distinctive set of as a businessman, but for his or her Cyprus, 17 November 1994 substantive and procedural rules to independence in the best tradition of Switzerland, 16 January 1995 govern effective reorganization of the our democracy. Like farmers, fisher- Spain, 27 March 1995 family farm. In essence, Chapter 12 was men face perennial threats from nature France, 5 April 1995 a recognition of the unique situation of and the elements, as well as changes to Luxembourg, 6 June 1995 family owned businesses and the enor- laws which threaten their existence. Poland, 12 June 1995 mous value of the family farmer to the Like family farmers, fishermen are not Philippines, 17 July 1995 American economy and our cultural Italy, 11 December 1995 seeking special treatment or a hand- Norway, 20 May 1996 heritage. out from the federal government, they Ireland, 19 June 1996 Chapter 12 was modeled on bank- seek only ‘‘the fighting chance’’ to re- Sweden, 10 October 1996 ruptcy Chapter 13 which governs the main afloat so that they can continue El Salvador, 21 November 1996 reorganization of individual debt. How- in their way of life. Venezuela, 10 January 1997 ever, to address the unique problems Although fishermen do not seek spe- Denmark, 2 July 1997 encountered by farmers, Chapter 12 cial treatment from the government, Ms. LANDRIEU. It is my hope that provided for significant advantages they play a special role in seafaring we can work under the great leadership over the standard Chapter 13 filer. communities on our coasts, and they of Senator HELMS on this issue to pass These advantages include a longer pe- deserve protections granted others who this implementing legislation and the riod of time to file a plan for relief, face similar, often unavoidable, prob- treaty to provide hope to millions of greater flexibility for the debtor to lems. Fishermen should not be denied modify the debts secured by their as- children in families that would wel- the bankruptcy protections accorded to sets, and alteration of the statutory come it. farmers solely because they harvest time limit to repay secured debts. The the sea and not the land. Chapter 12 debtor is also given the free- By Ms. COLLINS: I have proposed not only to make dom to sell off parts of his or her prop- S. 684. A bill to amend title 11, Chapter 12 a permanent part of the United States Code, to provide for fam- erty as part of a reorganization plan. Unlike Chapter 13, which applies bankruptcy code, but also to apply its ily fishermen, and to make chapter 12 provisions to the family fisherman. of title 11, United States Code, perma- solely to individuals, Chapter 12 can apply to individuals, partnerships or The bill I have proposed mirrors Chap- nent; to the Committee on the Judici- ter 12 with very few exceptions. Its pro- ary. corporations which fall under a $1.5 million debt threshold—a recognition tections are restricted to those fisher- THE FISHERMEN’S BANKRUPTCY PROTECTION of the common use of incorporation men with regular income who have ACT total debt less than $1.5 Million, the ∑ Ms. COLLINS. Mr. President, today I even among small family held farms. Without getting too technical, I bulk of which, eighty percent, must am introducing a bill to make reorga- should also mention that Chapter 12 stem from commercial fishing. More- nization under Chapter 12 of the Bank- also contains significant advantages over, families must rely on fishing in- ruptcy Code applicable to family fish- over corporate reorganization which is come for these provisions to apply. ermen. In brief, the bill would allow governed by Chapter 11 of the Bank- Those same protections and flexi- family fishermen the opportunity to ruptcy Code. For example, Chapter 12 bility we grant to farmers should also apply for the protections of reorganiza- creditors generally may not challenge be granted to the family fisherman. By tion in bankruptcy and provide to a payment plan that is approved by the making this modest but important them the same protections and terms Court. change to the bankruptcy code, we will as those granted the family farmer who Chapter 12 has been considered an express our respect for the business of enters bankruptcy. enormous success in the farm commu- fishing, and our shared wish that this Like many Americans, I’m appalled nity. According to a recent University unique way of life should continue.∑ by those who live beyond their means, of Iowa study, 74 percent of family and use the bankruptcy code as a tool farmers who filed Chapter 12 bank- By Mr. CRAPO (for himself and to cure their self-induced financial ills. ruptcy are still farming, and 61 percent Mr. CRAIG): I have supported and will continue to of farmers who went through Chapter S. 685. A bill to preserve the author- support alterations to the bankruptcy 12 believe that Chapter 12 was helpful ity of States over water within their code that ensure the responsible use of in getting them back on their feet. boundaries, to delegate to States the its provisions. All consumers bear the Recognizing its effectiveness, my bill authority of Congress to regulate burden of irresponsible debtors who proposes that Chapter 12 should be water, and for other purposes; to the abuse the system. Therefore, I believe made a permanent part of the bank- Committee on the Judiciary. bankruptcy should remain a tool of ruptcy code, and equally important, THE STATE WATER SOVEREIGNTY PROTECTION last resort for those in severe financial my bill would extend Chapter 12’s pro- ACT distress. tections to family fishermen. ∑ Mr. CRAPO. Mr. President, I rise to As those familiar with the bank- In my own state of Maine, fishing is introduce the State Water Sovereignty ruptcy code know, business reorganiza- a vital part of our economy and our Protection Act, a bill to preserve the tion in bankruptcy is a different crea- way of life. The commercial fishing in- authority of the States over waters ture than the forgiveness of debt tradi- dustry is made up of proud and fiercely within their boundaries, to delegate tionally associated with bankruptcy. independent individuals whose goal is the authority of the Congress to the Reorganization embodies the hope that simply to preserve their business, fam- States to regulate water, and for other by providing business a break from ily income and community. purposes.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5220 CONGRESSIONAL RECORD—SENATE March 23, 1999 Since 1866, Congress has recognized has become necessary because the gun through special interest legislation— and deferred to the States the author- industry has begun a concerted cam- legislation imposed on our cities by big ity to allocate and administer water paign to gag America’s cities. In order government. within their borders. The Supreme to preserve local control and options, To preserve local control and indi- Court has confirmed that this is an ap- federal legislation is needed. The fed- vidual rights, federal legislation is propriate role for the States. Addition- eral government must stand alongside needed. Today, I am introducing such ally, in 1952, the Congress passed the our local communities to fight the gun legislation, known as the Firearms McCarran amendment which provides violence plaguing too many of Amer- Rights, Responsibilities, and Remedies for the adjudication of State and Fed- ica’s cities. Act. This bill would ensure that indi- eral Water claims in State water So far, five cities—New Orleans, At- viduals and entities harmed by gun vio- courts. lanta, Chicago, Miami-Dade County, lence—including our cities—have the However, despite both judicial and and Bridgeport, Connecticut—have right to sue gun manufacturers, deal- legislative edicts, I am deeply con- filed lawsuits against the gun industry. ers, and importers. cerned that the administration, Fed- Many more are considering such law- Specifically, my bill would create a eral agencies, and some in the Congress suits, including, in my State of Cali- federal cause of action—the right to are setting the stage for ignoring long fornia, San Francisco, Los Angeles, and sue—for harms resulting from gun vio- established statutory provisions con- Sacramento. These cities are suing be- lence. A gun manufacturer, dealer, or cerning State water rights and State cause they are being invaded by guns. importer could be held liable if it water contracts. The Endangered Spe- Consider the city of Chicago. Chicago ‘‘knew or reasonably should have cies Act, the Clean Water Act, the Fed- has one of the toughest handgun con- known’’ that its design, manufac- eral Land Policy Management Act, and trol ordinances in the country. And turing, marketing, importation, sales, wilderness designations have all been yet, this year, the Chicago police will or distribution practices would likely vehicles used to erode State sov- confiscate some 17,000 illegal weapons. result in gun violence. But, this is not ereignty over its water. City officials acknowledge that’s only an open-ended proposition. The term It is imperative that States maintain a fraction of the guns on the streets. ‘‘gun violence’’ is defined specifically sovereignty over management and con- And there are now 242 million guns in as the unlawful use of a firearm or the trol of their water and river systems. America. That’s almost one for every unintentional discharge of a firearm. It All rights to water or reservations of man, woman, and child in this country. would not be possible to sue for every rights for any purposes in States The result is that each year, guns gun sold—or even for all violence and should be subject to the substantive cause the death of about 35,000 Ameri- deaths that result. A suit would only and procedural laws of that State, not cans. The number of handgun murders be possible if there is some negligence the Federal Government. To protect in this country far outpaces that of any on the part of a manufacturer, dealer, State water rights, I am introducing other country—indeed, most other or importer. I believe this language is the State Water Sovereignty Protec- countries combined. Japan and Great broad enough to allow cities to pursue tion Act. Britain have fewer than one murder by their claims, but not so broad as to The State Water Sovereignty Protec- a handgun per one million population. open the floodgates for every gun-re- tion Act provides that whenever the Canada has about three and a half per lated death and injury. United States seeks to appropriate million people. But in the United Suits could be brought in federal or water or acquire a water right, it will States, there are over 35 handgun mur- state court by States, units of local be subject to State procedural and sub- ders per year for every million people. government—such as cities, towns, and stantive water law. The Act further In my state of California alone, there counties—individuals, organizations, holds that States control the water are five times as many handgun mur- and businesses who were injured by or within their boundaries and that the ders as there are in New Zealand, Aus- incurred costs because of gun violence. Federal Government may exercise tralia, Japan, Great Britain, Canada, A prevailing plaintiff could recover ac- management or control over water and Germany combined. Yet those six tual damages, punitive damages, and only in compliance with State law. Fi- countries together have ten times the attorneys fees. nally, in any administrative or judicial population of California. I am not saying that the gun indus- proceeding in which the United States Over 11 years, nearly 400,000 Ameri- try should be required to pay any par- participates pursuant to the McCarran cans have been killed by gunfire. Com- ticular amount of damages, and I am Amendment, the United States is sub- pare that with the 11 years of the Viet- not advocating any particular theory ject to all costs and fees to the same nam War, where over 58,000 Americans that would hold the gun industry lia- extent as costs and fees may be im- died. ble. What I am saying is that the gun posed on a private party.∑ If this continues, the Centers for Dis- industry should not be exempt from ease Control estimates that in just four the normal course of business in Amer- By Mrs. BOXER (for herself, Mr. years, gun deaths will be the leading ica. The right to redress grievances in CHAFEE, Mr. LAUTENBERG, Mr. cause of injury-related death in Amer- court is older than America itself— REED, Mr. SCHUMER, and Mr. ica. older than the Second Amendment to TORRICELLI): And for every American who dies, an- the Constitution. But the NRA is now S. 686. A bill to regulate interstate other three are injured and end up in pushing legislation in many states and commerce by providing a Federal cause an emergency room. The cost to our here in Congress to say that the gun in- of action against firearms manufactur- health care system is estimated to be dustry should get special rights and ers, dealers, and importers for the between $1.5 billion and $4.5 billion per special protections. I believe that the harm resulting from gun violence; to year. And 4 out of every 5 gunshot vic- gun industry should be treated like ev- the Committee on the Judiciary. tims either have no health insurance or eryone else, and I believe that our cit- THE FIREARMS RIGHTS, RESPONSIBILITIES, AND are on public assistance. U.S. News re- ies should have their day in court. REMEDIES ACT ported that one hospital in California— My bill does not impose anything. It Mrs. BOXER. Mr. President, I rise the University of California-Davis Med- does not require anything. It is de- today to introduce legislation to pro- ical Center—lost $2.2 million over three signed for one purpose: to preserve tect the rights and interests of local years on gunshot victims. That means local control. As Jim Hahn, the City communities in suing the gun industry. you and I and all taxpayers are paying Attorney of Los Angeles, noted in a I am joined in this effort by Senators the bills. letter to me endorsing my bill, what CHAFEE, LAUTENBERG, REED, SCHUMER, That is why many cities want to sue. many States are considering would and TORRICELLI. But, the NRA does not want to fight ‘‘represent a significant intrusion into Frankly, I would prefer not to have this in court. The gun industry wants the authority of local governments.’’ to introduce legislation at all. But, it to circumvent the legal process And my bill would, in the words of Alex

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5221 Penelas, the Mayor of Miami-Dade ment, medical care, lost productivity, and been injured by or incurred costs as a result County, ‘‘preserve access to the courts loss of life; of gun violence may bring a civil action in a for local governments and individual (6) to the extent possible, the costs of gun Federal or State court of original jurisdic- citizens.’’ violence should be borne by those liable for tion against a manufacturer, dealer, or im- them, including manufacturers, dealers, and porter who knew or reasonably should have Now, Mr. President, there have been importers; known that its design, manufacturing, mar- questions raised about the constitu- (7) in any action to recover the costs asso- keting, importation, sales, or distribution tionality of this measure. It was not ciated with gun violence to a particular enti- practices would likely result in gun violence. easy drafting a constitutional measure, ty or to a given community, it is usually im- (b) REMEDIES.—In an action under sub- but in working with Kathleen Sullivan, possible to trace the portion of costs attrib- section (a), the court may award appropriate the Dean of Stanford Law School, and utable to intrastate versus interstate com- relief, including— Larry Tribe of Harvard, I believe we merce; (1) actual damages; have a bill that is constitutional. (8) the law governing the liability of manu- (2) punitive damages; facturers, dealers, and importers for gun vio- (3) reasonable attorneys’ fees and other Finally, Mr. President, let me just lence is evolving inconsistently within and litigation costs reasonably incurred, includ- note a bit of irony in this whole debate. among the States, resulting in a contradic- ing the costs of expert witnesses; and Some of the legislation that the NRA tory and uncertain regime that is inequi- (4) such other relief as the court deter- has worked so hard to defeat over the table and that unduly burdens interstate mines to be appropriate. years—such as mandatory safety locks, commerce; smart technology, and product safety (9) the inability to obtain adequate com- CITY OF LOS ANGELES, legislation—is the basis of some of pensation for the costs of gun violence re- March 22, 1999. these suits by the cities. If the NRA sults in a serious commercial distortion to a Hon. BARBARA BOXER, single national market and a stable national U.S. Senate, Washington, DC. had let us pass such laws, they economy, thereby creating a barrier to inter- DEAR BARBARA: I write to express my wouldn’t be facing so many lawsuits state commerce; strong support for the Firearms Rights, Re- today. The NRA and the gun industry (10) it is an essential and appropriate role sponsibilities, and Remedies Act which will do not want to be regulated and then of the Federal Government, under the Con- assure the ability of local governments to they do not want to be held account- stitution of the United States, to remove sue the gun industry by creating a federal able. The NRA and the gun industry burdens and barriers to interstate commerce; cause of action for claims brought against want to escape their responsibilities (11) because the intrastate and interstate the gun industry. In so doing, the act is crit- for what they are doing to America’s trafficking of firearms are so commingled, ical to the goal of making the gun industry full regulation of interstate commerce re- accountable for the toll of gun violence on cities—and all too often, to America’s quires the incidental regulation of intrastate cities nationwide. children. commerce; and The City of Los Angeles is exploring litiga- I sometimes wonder if N-R-A stands (12) it is in the national interest and with- tion against the gun industry in order to re- for ‘‘No Responsibility or Account- in the role of the Federal Government to en- coup the City’s costs in addressing gun vio- ability.’’ sure that manufacturers, dealers, and im- lence. Therefore, any attempt on the state It has been said that some Americans porters can be held liable under Federal law level to preclude local gun lawsuits would have a love affair with guns. But we for gun violence. subvert cities and counties’ efforts in this re- (b) PURPOSE.—Based on the power of Con- should not stand idly by when that love gard and would also represent a significant gress in clause 3 of section 8 of article I of intrusion in to the authority of local govern- affair turns violent. Today we stand the Constitution of the United States, the ments. The creation of a federal cause of ac- with America’s cities to say enough is purpose of this Act is to regulate interstate tion is invaluable to guaranteeing that liti- enough. commerce by— gation remains available to cities and coun- I ask unanimous consent that the bill (1) regulating the commercial activity of ties. and the letters from Mr. Hahn—as well firearms trafficking; The Firearms Rights, Responsibilities, and as other letters of support from the (2) protecting States, units of local govern- Remedies Act represents a common-sense City Attorney of San Francisco, the ment, organizations, businesses, and other and reasonable approach to any attempt to Mayor of Bridgeport, Connecticut, a persons from the adverse effects of interstate bar gun lawsuits by cities and counties. I am commerce in firearms; pleased to offer my support for this impor- letter from Ms. Sullivan and Handgun (3) establishing a uniform legal principle tant legislation. Control—be inserted in the RECORD. that manufacturers, dealers, and importers Very truly yours, There being no objection, the mate- can be held liable for gun violence; and JAMES K. HAHN, rial was ordered to be printed in the (4) creating greater fairness, rationality, City Attorney. RECORD, as follows: and predictability in the civil justice sys- S. 686 tem. OFFICE OF THE MAYOR, SEC. 3. DEFINITIONS. Miami-Dade County, FL, March 23, 1999. Be it enacted by the Senate and House of In this Act: Hon. BARBARA BOXER, Representatives of the United States of America (1) GUN VIOLENCE.—The term ‘‘gun vio- U.S. Senator, Washington, DC. in Congress assembled, lence’’ means any— DEAR SENATOR BOXER: Thank you for your SECTION 1. SHORT TITLE. (A) actual or threatened unlawful use of a invitation to join you today in Washington, This Act may be cited as the ‘‘Firearms firearm; and DC, as you announce legislation which will Rights, Responsibilities, and Remedies Act (B) unintentional discharge of a firearm. assist local governments, like Miami-Dade of 1999’’. (2) INCORPORATED DEFINITIONS.—The terms County, on our legal efforts to compel the SEC. 2. FINDINGS AND PURPOSE. ‘‘firearm’’, ‘‘importer’’, ‘‘manufacturer’’, and gun industry to manufacture childproof (a) FINDINGS.—Congress finds that— ‘‘dealer’’ have the meanings given those guns. I regret that I am unable to join you (1) the manufacture, distribution, and im- terms in section 921 of title 18, United States personally to offer my support and gratitude portation of firearms is inherently commer- Code. for your efforts. Unfortunately, County busi- cial in nature; (3) STATE.—The term ‘‘State’’ means each ness requires me to be in our State Capitol (2) firearms regularly move in interstate of the several States of the United States, today. commerce; the District of Columbia, the Commonwealth On January 21, 1999, Miami-Dade County (3) firearms trafficking is so prevalent and of Puerto Rico, the Virgin Islands, Guam, filed a lawsuit against the gun industry widespread in and among the States that it American Samoa, and the Commonwealth of seeking to compel gun manufacturers to is usually impossible to distinguish between the Northern Mariana Islands. make safer, childproof guns. To achieve our intrastate trafficking and interstate traf- (4) UNIT OF LOCAL GOVERNMENT.—The term objective we are hitting the gun industry ficking; ‘‘unit of local government’’ means any city, where it hurts—in their wallets. Every year, (4) to the extent firearms trafficking is town, township, county, parish, village, or gun violence and accidental deaths costs our intrastate in nature, it arises out of and is other general purpose political subdivision of community hundreds of millions of dollars. substantially connected with a commercial a State. Until now, taxpayers have borne the respon- transaction, which, when viewed in the ag- SEC. 4. FEDERAL CAUSE OF ACTION. sibility for many of these costs while the gun gregate, substantially affects interstate (a) IN GENERAL.—Notwithstanding any industry has washed its hands of the blood of commerce; other provision of Federal, State, or local countless victims, including many children (5) gun violence results in great costs to law, a State, unit of local government, orga- and youths. However, our efforts are not society, including the costs of law enforce- nization, business, or other person that has about money. In fact, if the gun industry

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5222 CONGRESSIONAL RECORD—SENATE March 23, 1999 agrees to make childproof guns, install load ica. For these reasons, I support your pro- sales, or distribution’’ of guns plainly indicators on guns and change its marketing posed legislation and commend you for your amounts to economic activity that in the ag- practices my community will crop its law- ongoing efforts to stand with America’s cit- gregate may in Congress’s reasonable judg- suit. ies and its people. ment substantially affect interstate com- As you know, legislation has been filed in Sincerely, merce. Moreover, providing a uniform fed- the Florida Legislature that would not only LOUISE H. RENNE, eral avenue of redress for gun violence may preempt Miami-Dade County’s lawsuit, but City Attorney. in Congress’s reasonable judgment help to would also make it a felony for any public avert the diversion and distortion of inter- official to pursue such litigation. This NRA BRIDGEPORT CITY HALL, state commerce that, in the aggregate, ac- sponsored legislation is undemocratic and MAYOR JOSEPH P. GANIM, companies any patchwork of separate state hypocritical. If passed, preemption legisla- Bridgeport, CT, March 23, 1999. regulations of firearm sales. Congress is en- tion will effectively slam shut the doors of GANIM SUPPORTS BOXER GUN BILL titled to consider the interstate efforts of justice and trample on the People’s right to The following is Bridgeport Mayor Joseph P. commercial gun distribution in the aggre- access the judiciary in the name of defending Ganim’s statement of support for Sen. gate without regard to whether any par- the Second Amendment. Additionally, while Barbara Boxer’s proposed federal legisla- ticular gun sale that might be the subject of some Tallahassee and Washington legislators tion: a civil action is interstate or intrastate in claim to favor returning power to local gov- nature. See, e.g., Wickard v. Filburn, 317 U.S. I am in full support of the legislation ernments, they are the first to support legis- 111 (1942) (regulation of home-grown wheat drafted by Sen. Boxer to allow people, groups lation which takes away our right to access consumption); Perez, v. United States, 402 U.S. or governments to exercise their constitu- an independent branch of government. 146 (1971) (regulation of extortionate intra- tional rights to seek redress through the Clearly, the gun lobby is out of touch with state loan transactions). courts, I regret that I am not able to be in the will of the people. Flordia voters, like Nor does the bill appear to intrude upon Washington as the Senator makes this im- Americans nationwide, have repeatedly sent state sovereignty or the structural principles portant announcement. a strong message that they favor common- of federalism that are reflected in the United Bridgeport is one of five cities across the sense gun safety measures. For example: States Constitution, Amendment X. To be nation to file a lawsuit against handgun In 1991, Florida voters overwhelmingly sup- sure, one effect of the bill if enacted would manufacturers. We are seeking damages to ported requiring criminal background checks be to allow cities or other local governments help lessen the financial burden Bridgeport and waiting periods on gun sales; to sue for damages incurred as a result of must carry due to the effects of gun violence Last November, 72% of Floridians voted to gun violence, even if they are located in close the Gunshow Loophole, by extending in our City. A handgun is the most dangerous weapon states that had sought, through state legisla- criminal background check and waiting pe- placed into the stream of commerce in the tion, to bar such city-initiated lawsuits. But riod requirements to gunshows and flea mar- United States. Surprisingly, there are more Congress remains free even within our fed- kets; safety requirements and regulations regard- eral system to regulate state and local gov- Just last month a New York jury found the ing the manufacture of toy guns than for ernments under laws of general applica- gun industry civilly liable for saturating the real handguns. bility, see Garcia v. San Antonio Metropolitan market with guns. Sen. Boxer’s bill will allow cities, states Transit Authority, 469 U.S. 528 (1985), and the Unfortunately, our prospects for success in and individuals to seek retribution for the proposed bill does just that. Rather than sin- defeating this misguided state legislation economic strain that handgun violence has gling out state or city governments for spe- are dim. However, I am confident that the caused. We are facing high medical and pub- cial advantage or disadvantage, the bill sim- pressure on the gun industry to reform in- lic safety costs, but we are also battling ply confers upon states and cities the same crease with each passing day. Your legisla- drops in property value in areas where hand- civil litigation rights as it does upon any tion will add additional pressure by sending gun violence is most prevalent. other ‘‘organization, business, or other per- a message to the gun lobby that they cannot Because of measures taken by the Georgia son that has been injured by or incurred block access to the courts by strong-arming State Legislature and attempts by Rep. Bob costs as a result of gun violence.’’ Sec. 4(a). state legislatures. Barr of Georgia in the U.S. Congress, Sen. Moreover, the proposed bill does not in any If successful, your legislation will preserve Boxer’s bill becomes even more critical and way ‘‘commandeer’’ the legislative or execu- access to the courts for local governments its passage even more important. This bill tive processes of state government in a way and individual citizens who are demanding ensures that everyone will have the right to that might offend principles of federalism. that the gun industry be held accountable fight back and hold the gun manufacturers See Printz v. United States, 117 S. Ct. 2365 for callously favoring corporate profits over accountable for the damage their products (1997); New York v. United States, 505 U.S. 144 our children’s safety. I commend you for put- have caused. (1992). It does not require that any state ting the public’s interest ahead of the power- adopt any federally authored law, but in- ful special interests that seek only to pro- STANFORD LAW SCHOOL, stead simply provides federal rights directly tect a negligent industry that has ignored Stanford, CA, March 23, 1999. to individuals and entitites including but not commonsense pleas to make childproof guns. Senator BARBARA BOXER, limited to states and cities. To the extent Be assured I stand ready to assist you in ad- U.S. Senate, that the proposed bill would permit civil ac- vancing this significant legislation. Washington, DC. tions to be brought in state as well as federal Sincerely, DEAR SENATOR BOXER: You have asked me forums, it is entirely consistent with ALEX PENELAS, to review a draft of a bill to enact the Fire- Congress’s longstanding power to pass laws Mayor. arms Rights, Responsibilities, and Remedies enforceable in state courts, see Testa v. Katt, Act of 1999, and to comment briefly upon its 330 U.S. 386 (1947), a power that neither the OFFICE OF THE CITY ATTORNEY, constitutionality. I am happy to do so, with Printz nor New York cases purported to dis- San Francisco, CA, March 22, 1999. the caveat that I am not in a position to turb. Re proposed legislation comment upon the bill as a matter of tort or I hope these brief remarks are helpful in Senator BARBARA BOXER, product liability policy. your deliberations. U.S. Senate, The bill appears to me to be within the au- Very Truly yours, Washington, DC. thority of Congress to enact under the inter- KATHLEEN M. SULLIVAN. DEAR SENATOR BOXER: I write to endorse state commerce power set forth in the your proposed legislation that will allow United States Constitution, Article I, sec- HANDGUN CONTROL INC., local governments to sue gun manufacturers, tion 8. While the commerce power is not an Washington, DC, March 23, 1999. dealers, and importers. Each year in San unlimited one, Congress is empowered to reg- Hon. BARBARA BOXER, Francisco we admit numerous gunshot vic- ulate both the flow of interstate commerce U.S. Senate, Washington, DC. tims to our hospitals with staggering costs and any intrastate activity that substan- DEAR SENATOR BOXER: On behalf of Hand- to the general public. Sadly enough, all too tially affects interstate commerce. United gun Control, I want to commend you for often these victims are children and young States v. Lopez, 514 U.S. 549 (1995). While one your continued leadership on gun violence people. The gun industry must be held re- might fairly question whether any incident prevention issues and to lend our support to sponsible for its role in the emotional and fi- of gun violence in and of itself constitutes an the Frearms Rights, Responsibilities and nancial distress caused to anyone affected by activity substantially affecting interstate Remedies Act of 1999. gun violence—including local government. commerce, the bill does not regulate gun vi- Access to the courts is one of the most fun- Your legislation would ensure that the olence but rather provides a federal cause of damental rights accorded our citizens and normal legal processes can be brought to action against the negligent ‘‘design, manu- our communities. The legislation that is bear upon a significant public problem and facturing, marketing, importation, sales, or being introduced today will protect the right that the gun industry would not be exempt distribution’’ of guns. Sec. 4(a). The ‘‘design, of cities and counties to seek redress in the from the usual course of business in Amer- manufacturing, marketing, importation, courts for the gun violence that afflicts so

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5223 many communities. Cities, like the citizens exceeded more than a year, even after So today, I am introducing a bill to they represent, should be able to seek com- intervention by my staff. I believe this fix the problem once and for all. My pensation for the damages that arise from is unacceptable. Our nation must con- bill directs the Secretary of Defense to the negligence or misconduct of the gun in- tinue its commitment to recognize the allocate resources necessary to elimi- dustry in the design, manufacture, sale and sacrifices made by our veterans in a distribution of their product. nate the backlog of requests for mili- The gun lobby, of course, believes that timely manner. Addressing this simple tary medals. Specifically, the Sec- manufacturers deserve special protection, concern will fulfill an important and retary of Defense shall make available that cities and counties should be legally solemn promise to those who served to to the Army Reserve Personnel Com- prohibited from suing manufacturers so long preserve democracy both here and mand, the Bureau of Naval Personnel, as they don’t knowingly and directly sell abroad. the Air Force Personnel Center, the guns to convicted felons and other prohibited Let me briefly share the story of Mr. National Archives and Records Admin- purchasers. Such a grant of immunity is not Dale Homes, a Korean War veteran. Mr. istration, and any other relevant office only unprecedented, it is wrong. The manu- Holmes fired a mortar on the front or command, the resources necessary facture of firearms is not subject to con- lines of the Korean War. Stacy Groff, sumer regulation. In fact, the Consumer to solve the problem. These resources Product Safety Commission is prohibited by the daughter of Mr. Holmes, tried un- could be in the form of increased per- law from overseeing the manufacture of successfully for three years through sonnel, equipment or whatever these guns. As an unregulated industry, gun manu- the normal Department of Defense offices need for this problem. In addi- facturers produce guns that all too often dis- channels to get the medals her father tion, this reallocation of resources is charge when they are dropped. They design deserved. Ms. Goff turned to me after only to be made in a way that ‘‘does guns with a trigger resistance so low that a her letter writing produced no results. not detract from the performance of two-year old child can pull the trigger. Many My office began an inquiry in January guns lack essential safety features like a other personnel service and personnel of 1997 and we were not able to resolve support activities within the DOD.’’ safety, a load indicator or a magazine dis- the issue favorably until September connect safety. And, even though the tech- Representative LANE EVANS of Illinois nology for making guns unusable by children 1997. has introduced similar legislation in Ms. Groff made a statement about and strangers is readily available, virtually the House of Representatives. all guns are readily usable by unauthorized the delays her father experienced that Veterans organizations have long users. Time and time again, the gun industry sum up my sentiments perfectly: ‘‘I recognized the huge backlog of medal don’t think it’s fair . . . My dad de- has ignored legitimate concerns regarding requests. The Veterans of Foreign Wars consumer and public safety. serves—everybody deserves—better supports my legislation. I ask that a But, at the urgent request of the gun treatment than that.’’ Ms. Groff could copy of the letter of support be in- lobby, one state has already moved to pre- not be more correct. Our veterans de- cluded in the RECORD. vent cities from filing complaints against serve better than that from the coun- Our veterans are not asking for gun manufacturers and similar bills have try they served so courageously. been introduced in at least ten states. A bill Another example that came through much. Their brave actions in time of has even been introduced in Congress that war deserve our highest respect, rec- would bar cities from filing any such action. my district offices is Mr. James Lunde, a Vietnam-era veteran. His brother in ognition, and admiration. My amend- Congress should move to ensure that the ment will help expedite the recognition right of cities to seek redress in the courts law contacted my Des Moines office will be preserved. The Firearms Rights, Re- last year for help in obtaining a Purple they so richly deserve. Our veterans de- sponsibilities and Remedies Act of 1999 will Heart and other medals Mr. Lunde serve nothing less. do just that. earned. These medals have been held up Mr. President, I ask unanimous con- Sincerely, since 1975. Unfortunately, there is still sent that the text of the bill and a let- SARAH BRADY, no determination as to when Mr. ter in support be printed in the Chair. Lunde’s medals will be sent. RECORD. The numbers are disheartening and There being no objection, the mate- By Mr. HARKIN: rial was ordered to be printed in the S. 687. A bill to direct the Secretary can sound almost unbelievable. For example, a small Army Reserve staff at RECORD, as follows: of Defense to eliminate the backlog in S. 687 satisfying requests of former members the St. Louis Office faces a backlog of tens of thousands of requests for med- Be it enacted by the Senate and House of of the Armed Forces for the issuance or Representatives of the United States of America replacement of military medals and als. So why the lengthy delays? The primary reason DOD officials in Congress assembled, decorations; to the Committee on cite for these unconscionable delays is SECTION 1. SHORT TITLE. Armed Services. personnel and other resource shortages This Act may be cited as the ‘‘Veterans ELIMINATING THE BACKLOG OF VETERANS resulting from budget cuts and hiring Expedited Military Medals Act of 1999’’. REQUESTS FOR MILITARY MEDALS freezes. For example, the Navy Liaison SEC. 2. ELIMINATION OF BACKLOG IN REQUESTS FOR REPLACEMENT OF MILITARY Mr. HARKIN. Mr. President, I would Office has gone from 5 or more per- like to take some time to address an MEDALS AND OTHER DECORATIONS. sonnel to 3 within the last 3 years. (a) SUFFICIENT RESOURCING REQUIRED.—The unfulfilled obligation we have to our Prior to this, the turnaround time was Secretary of Defense shall make available nation’s veterans. The problem is a 4–5 months. Budget shortages have de- funds and other resources at the levels that substantial backlog of requests by vet- layed the agencies ability to replace are necessary for ensuring the elimination of erans for replacement and issuance of employees who have left, and in cases the backlog of the unsatisfied requests made military medals. Today, I have intro- where they can be replaced, the ‘‘learn- to the Department of Defense for the duced a bill, the ‘‘Veterans Expedited ing curve’’ in training new employees issuance or replacement of military decorations for former members of the Armed Military Medals Act of 1999,’’ that leads to further delays. would require the Department of De- Forces. The organizations to which the nec- Last year, during the debate over the essary funds and other resources are to be fense to end this backlog. Defense Appropriations bill, I offered made available for that purpose are as fol- I first became aware of this issue a an amendment to move the Depart- lows: few years ago after dozens of Iowa vet- ment of Defense to end the backlog of (1) The Army Reserve Personnel Command. erans began contacting my State of- unfulfilled military medal requests. (2) The Bureau of Naval Personnel. fices requesting assistance in obtaining The amendment was accepted by unan- (3) The Air Force Personnel Center. medals and other military decorations imous consent. Unfortunately, the Pen- (4) The National Archives and Records Ad- they earned while serving the country. tagon has not moved to fix the prob- ministration These veterans had tried in vain—usu- (b) CONDITION.—The Secretary shall allo- lem. In fact, according to a recent com- cate funds and other resources under sub- ally for months, sometimes for years— munication from the Army, the prob- section (a) in a manner that does not detract to navigate the vast Pentagon bureauc- lem has only worsened. The Army cur- from the performance of other personnel racy to receive their military decora- rently cites a backlog of 98,000 requests service and personnel support activities tions. The wait for medals routinely for medals. within the Department of Defense.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5224 CONGRESSIONAL RECORD—SENATE March 23, 1999 (c) REPLACEMENT DECORATION DEFINED.— Day, 1998 and, during consideration of visitor restrictions, and in some in- For the purposes of this section, the term the Transportation Equity Act for the stances vacationers being shut-out of ‘‘decoration’’ means a medal or other decora- 21st Century, or TEA–21, part of my the parks altogether. The environ- tion that a former member of the Armed original bill was included as section mental damage at the Grand Canyon is Forces was awarded by the United States for military service of the United States. 3039, authorizing a comprehensive visible at many other parks: Yosemite, SEC. 3. REPORT. study of alternative transportation which has more than four million visi- Not later than 45 days after the date of the needs in our national park lands. The tors a year; Yellowstone, which has enactment of this Act, the Secretary of De- objective of this study is to better more than three million visitors a year fense shall submit to Congress a report on identify those areas with existing and and experiences such severe traffic con- the status of the backlog described in section potential problems of congestion and gestion that access has to be re- 2(a). The report shall include a plan for pollution, or which can benefit from stricted; Zion; Acadia; Bryce; and eliminating the backlog. mass transportation services, and to many others. We need to solve these identify and estimate the project costs problems now or risk permanent dam- VETERANS OF FOREIGN WARS for these sites. The fiscal year 1999 age to our nation’s natural, cultural, OF THE UNITED STATES, Washington, DC, February 11, 1999. Transportation Appropriations bill in- and historical heritage. Hon. TOM HARKIN, cluded $2 million to help fund this im- My legislation builds upon two pre- U.S. Senate, Washington, DC. portant study. I am pleased to report vious initiatives to address these prob- DEAR SENATOR HARKIN: On behalf of the 2.1 that much important research that lems. First is the study of alternative million members of the Veterans of Foreign will more fully examine the park trans- transportation strategies in our na- Wars of the United States (VFW), I thank portation and resource management tional parks that was mandated by the you for introducing a bill to eliminate the needs and outline potential solutions Intermodal Surface Transportation Ef- backlog in requests for the replacement of ficiency Act of 1991, ISTEA. This study, military medals and other decorations. This and benefits is underway. bill would address an unfilled obligation we Before discussing the bill in greater completed by the National Park Serv- have to our nation’s veterans. The VFW real- detail, let me first provide some back- ice nearly five years ago in May 1994, izes that the substantial backlog of requests ground on the management issues fac- found that many of our most heavily by veterans for medals needs to be rectified ing the National Park System. visited national parks are experiencing in an auspicious manner. When the national parks first opened the same problems of congestion and If passed, the Secretary of Defense will in the second half of the nineteenth pollution that afflict our cities and make available to the Army Reserve Per- century, visitors arrived by stagecoach metropolitan areas. Yet, overwhelm- sonnel Command, the Bureau of Naval Per- along dirt roads. Travel through park- sonnel, the Air Force Personnel Center, the ingly, the principal transportation sys- National Archives and Records Administra- lands, such as Yosemite or Yellow- tems that the Federal Government has tion, and any other relevant office or com- stone, was difficult and long and cost- developed to provide access into our mand, the resources necessary to resolve the ly. Not many people could afford or en- national parks are roads primarily for problem. The VFW believes that addressing dure such a trip. The introduction of private automobile access. this concern will fulfill an important and the automobile gave every American Second, in November 1997, Secretary solemn promise to those who risked their greater mobility and freedom, which of Transportation Rodney Slater and lives serving their country. included the freedom to travel and see Secretary of the Interior Bruce Babbitt The VFW thanks you for making veterans some of our nation’s great natural signed an agreement to work together a number one priority. They deserve the best from the country they served so coura- wonders. Early in this century, land- to address transportation and resource geously. scape architects from the National management needs in and around na- Sincerely, Park Service and highway engineers tional parks. The findings in the DENNIS CULLINAN, from the U.S. Bureau of Public Roads Memorandum of Understanding entered Director, National Legislative Service. collaborated to produce many feats of into by the two departments are espe- road engineering that opened the na- cially revealing: By Mr. SARBANES (for himself, tional park lands to millions of Ameri- Congestion in and approaching many Na- Mr. REID, Mr. MURKOWSKI, Mrs. cans. tional Parks is causing lengthy traffic delays BOXER, Mr. KENNEDY, Mr. MOY- Yet greater mobility and easier ac- and backups that substantially detract from NIHAN, Mr. SCHUMER, Mr. cess now threaten the very environ- the visitor experience. Visitors find that KERRY, and Mrs. MURRAY): ments that the National Park Service many of the National Parks contain signifi- S. 690. A bill to provide for mass is mandated to protect. The ongoing cant noise and air pollution, and traffic congestion similar to that found on the city transportation in national parks and tension between preservation and ac- related public lands; to the Committee streets they left behind. cess has always been a challenge for In many National Park units, the capacity on Energy and Natural Resources. our national park system. Today, of parking facilities at interpretive or TRANSIT IN PARKS (TRIP) ACT record numbers of visitors and cars has science areas is well below demand. As a re- Mr. SARBANES. Mr. President, resulted in increasing damage to our sult, visitors park along roadsides, damaging today I am introducing legislation, en- parks. The Grand Canyon alone has park resources and subjecting people to haz- titled the ‘‘Transit in Parks Act’’ or five million visitors a year. It may sur- ardous safety conditions as they walk near TRIP, to help ease the congestion, pro- busy roads to access visitor use areas. prise you to know that the average vis- On occasion, National Park units must tect our nation’s natural resources, itor stay is only three hours. As many close their gates during high visitation peri- and improve mobility and accessibility as 6,000 vehicles arrive in a single sum- ods and turn away the public because the ex- in our National Parks and Wildlife Ref- mer day. They compete for 2,000 park- isting infrastructure and transportation sys- uges. I am pleased to be joined by Sen- ing spaces. Between 32,000 and 35,000 tems are at, or beyond, the capacity for ators REID, MURKOWSKI, BOXER, KEN- tour buses go to the park each year. which they were designed. NEDY, MOYNIHAN, SCHUMER, KERRY, and During the peak summer season, the The challenge for park management MURRAY who are cosponsors of this im- entrance route becomes a giant park- is twofold: to conserve and protect the portant legislation. ing lot. nation’s natural, historical, and cul- The TRIP legislation is a new federal In the decade from 1984 to 1994, the tural resources, while at the same time transit grant initiative that is designed number of visits to America’s national ensuring visitor access and enjoyment to provide mass transit and alternative parks increased 25 percent, rising from of these sensitive environments. transportation services for our na- 208 million to 269 million a year. This The Transit in Parks Act will go far tional parks, our wildlife refuges, fed- is equal to more than one visit by to meeting this challenge. The bill’s eral recreational areas, and other pub- every man, woman, and child in this objectives are to develop new and ex- lic lands managed by three agencies of country. This has created an over- panded mass transit services through- the Department of the Interior. I first whelming demand on these areas, re- out the national parks and other public introduced similar legislation on Earth sulting in severe traffic congestion, lands to conserve and protect fragile

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5225 natural, cultural, and historical re- with the transit New Starts require- S. 690 sources, to prevent adverse impact on ments. No single project will receive Be it enacted by the Senate and House of those resources, and to reduce pollu- more than 12 percent of the total Representatives of the United States of America tion and congestion, while at the same amount available in any given year. in Congress assembled, time facilitating appropriate visitor This ensures a diversity of projects se- SECTION 1. SHORT TITLE. access and improving the visitor expe- lected for assistance. This Act may be cited as the ‘‘Transit in rience. This new federal transit grant I firmly believe that this program Parks (TRIP) Act’’. program will provide funding to three can create new opportunities for the SEC. 2. MASS TRANSPORTATION IN NATIONAL PARKS AND RELATED PUBLIC Federal land management agencies in Federal land management agency to LANDS. the Department of the Interior—the partner with local transit agencies in (a) IN GENERAL.—Chapter 53 of title 49, National Park Service, the U.S. Fish gateway communities adjacent to the United States Code, is amended by adding at and Wildlife Service, and the Bureau of parks, both through the TEA–21 plan- the end the following: Land Management—that manage the ning process and in developing inte- ‘‘§ 5339. Mass transportation in national parks 378 various parks within the National grated transportation systems. This and related public lands Park System, including National Bat- will spur new economic development ‘‘(a) POLICIES, FINDINGS, AND PURPOSES.— tlefields, Monuments and National within these communities, as they de- ‘‘(1) DEVELOPMENT OF TRANSPORTATION SYS- Seashores, as well as the National velop transportation centers for park TEMS.—It is in the interest of the United Wildlife Refuges and federal rec- visitors to connect to transit links into States to encourage and promote the devel- reational areas. The program will allo- the national parks and other public opment of transportation systems for the cate capital funds for transit projects, lands. betterment of the national parks and other including rail or clean fuel bus Mr. President, the ongoing tension units of the National Park System, national wildlife refuges, recreational areas, and projects, joint development activities, between preservation and access has al- other public lands in order to conserve nat- pedestrian and bike paths, or park wa- ways been a challenge for the National ural, historical, and cultural resources and terway access, within or adjacent to Park Service. Today, that challenge prevent adverse impact, relieve congestion, national park lands. The bill author- has new dimensions, with over- minimize transportation fuel consumption, izes $50 million for this new program crowding, pollution, congestion, and reduce pollution (including noise and visual for each of the fiscal years 2000 through resource degradation increasing at pollution), and enhance visitor mobility and 2003. It is anticipated that other re- many of our national parks. This legis- accessibility and the visitor experience. sources—both public and private—will lation—the Transit in Parks Act—will ‘‘(2) GENERAL FINDINGS.—Congress finds that— be available to augment these amounts give our Federal land management ‘‘(A) section 1050 of the Intermodal Surface in the initial phase. agencies important new tools to im- Transportation Efficiency Act of 1991 (Public The bill formalizes the cooperative prove both preservation and access. Law 102–240) authorized a study of alter- arrangement in the 1997 MOU between Just as we have found in metropolitan natives for visitor transportation in the Na- the Secretary of Transportation and areas, transit is essential to moving tional Park System which was released by the Secretary of the Interior to ex- large numbers of people in our national the National Park Service in May 1994; change technical assistance and to de- parks—quickly, efficiently, at low cost, ‘‘(B) the study found that— velop procedures relating to the plan- and without adverse impact. At the ‘‘(i) increasing traffic congestion in the na- ning, selection and funding of transit tional parks requires alternative transpor- same time, transit can enhance the tation strategies to enhance resource protec- projects in national park lands. The economic development potential of our tion and the visitor experience and to reduce projects eligible for funding would be gateway communities. congestion; developed through the TEA–21 planning As we begin the final countdown to a ‘‘(ii) visitor use, National Park Service process and selected in consultation new millennium, I cannot think of a units, and concession facilities require inte- and cooperation with the Secretary of more worthy endeavor to help our envi- grated planning; and the Interior. The bill provides funds for ronment and preserve our national ‘‘(iii) the transportation problems and vis- planning, research, and technical as- parks, wildlife refuges, and federal rec- itor services require increased coordination sistance that can supplement other fi- reational areas than by encouraging al- with gateway communities; ‘‘(C) on November 25, 1997, the Department nancial resources available to the Fed- ternative transportation in these of Transportation and the Department of the eral land management agencies. It is areas. My bill is strongly supported by Interior entered into a Memorandum of Un- anticipated that the Secretary of the American Public Transit Associa- derstanding to address transportation needs Transportation would select projects tion, the National Parks and Conserva- within and adjacent to national parks and to that are diverse in location and size. tion Association, the Surface Transpor- enhance cooperation between the depart- While major national parks such as the tation Policy Project, the Natural Re- ments on park transportation issues; Grand Canyon or Yellowstone are sources Defense Council, the Commu- ‘‘(D) to initiate the Memorandum of Under- clearly appropriate candidates for sig- nity Transportation Association of standing, and to implement President Clin- ton’s ‘Parks for Tomorrow’ initiative, out- nificant transit projects under this sec- America, the Environmental Defense lined on Earth Day, 1996, the Department of tion, there are numerous small urban Fund, American Planning Association, Transportation and the Department of the and rural Federal park lands that can Bicycle Federation of America, Friends Interior announced, in December 1997, the in- benefit enormously from small of the Earth, Izaak Walton League of tention to implement mass transportation projects, such as bike paths or im- America, National Association of services in the Grand Canyon National Park, proved connections with an urban or Counties, National Trust for Historic Zion National Park, and Yosemite National regional public transit system. Project Preservation, Rails-to-Trails Conser- Park; selection should include the following vancy, Scenic America, The Wilderness ‘‘(E) section 3039 of the Transportation Eq- uity Act for the 21st Century authorized a criteria: the historical and cultural sig- Society, and the Environmental and comprehensive study, to be conducted by the nificance of a project; safety; and the Energy Study Institute, and I ask Secretary of Transportation in coordination extent to which the project would con- unanimous consent that the bill, and a with the Secretary of the Interior, and sub- serve resources, prevent adverse im- section-by-section analysis, and letters mitted to Congress on January 1, 2000, of al- pact, enhance the environment, im- of support be printed in the RECORD. ternative transportation in national parks prove mobility, and contribute to liv- Mr. President, I urge my colleagues and related public lands, in order to— able communities. to support this important legislation ‘‘(i) identify the transportation strategies The bill also identifies projects of re- and to recognize the enormous environ- that improve the management of the na- gional or national significance that tional parks and related public lands; mental and economic benefits that ‘‘(ii) identify national parks and related more closely resemble the Federal transit can bring to our national parks. public lands with existing and potential transit program’s New Starts projects. There being no objection, the mate- problems of adverse impact, high congestion, Where the project costs are $25 million rial was ordered to be printed in the and pollution, or which can benefit from al- or greater, the projects will comply RECORD, as follows: ternative transportation modes;

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5226 CONGRESSIONAL RECORD—SENATE March 23, 1999 ‘‘(iii) assess the feasibility of alternative ‘‘(3) the term ‘qualified participant’ means mass transportation project under this sec- transportation modes; and a Federal land management agency, or a tion also is available to finance the leasing ‘‘(iv) identify and estimate the costs of State or local governmental authority, act- of equipment and facilities for use in mass those alternative transportation modes; ing alone, in partnership, or with another transportation, subject to regulations the ‘‘(F) many of the national parks and re- Governmental or nongovernmental partici- Secretary prescribes limiting the grant or lated public lands are experiencing increased pant; cooperative arrangement or other agreement visitation and congestion and degradation of ‘‘(4) the term ‘qualified mass transpor- to leasing arrangements that are more cost the natural, historical, and cultural re- tation project’ means a project— effective than purchase or construction. ‘‘(A) that is carried out within or adjacent sources; ‘‘(e) LIMITATION ON USE OF AVAILABLE to national parks and related public lands; ‘‘(G) there is a growing need for new and AMOUNTS.—The Secretary may not use more and expanded mass transportation services than 5 percent of the amount made available ‘‘(B) that— throughout the national parks and related for a fiscal year under section 5338(j) to carry ‘‘(i) is a capital project, as defined in sec- public lands to conserve and protect fragile out planning, research, and technical assist- tion 5302(a)(1) (other than preventive mainte- natural, historical, and cultural resources, ance under this section, including the devel- nance activities); prevent adverse impact on those resources, opment of technology appropriate for use in ‘‘(ii) is any activity described in section and reduce pollution and congestion, while a qualified mass transportation project. 5309(a)(1)(A); at the same time facilitating appropriate Amounts made available under this sub- ‘‘(iii) involves the purchase of rolling stock visitor mobility and accessibility and im- section are in addition to amounts otherwise that incorporates clean fuel technology or proving the visitor experience; available for planning, research, and tech- ‘‘(H) the Federal Transit Administration, the replacement of existing buses with clean fuel vehicles or the deployment of mass nical assistance under this title or any other through the Department of Transportation, provision of law. can assist the Federal land management transportation vehicles that introduce new agencies through financial support and tech- technology; ‘‘(f) PLANNING PROCESS.—In undertaking a nical assistance and further the achievement ‘‘(iv) relates to the capital costs of coordi- qualified mass transportation project under of national goals to enhance the environ- nating the Federal land management agency this section— ment, improve mobility, create more livable mass transportation systems with other ‘‘(1) if the qualified participant is a Federal communities, conserve energy, and reduce mass transportation systems; land management agency— pollution and congestion in all regions of the ‘‘(v) involves nonmotorized transportation ‘‘(A) the Secretary, in cooperation with the country; and systems, including the provision of facilities Secretary of the Interior, shall develop ‘‘(I) immediate financial and technical as- for pedestrians and bicycles; transportation planning procedures that are sistance by the Department of Transpor- ‘‘(vi) involves the development of water- consistent with sections 5303 through 5305; tation, working with Federal land manage- borne access within or adjacent to national and ment agencies and State and local govern- parks and related public lands, including ‘‘(B) the General Management Plans of the mental authorities to develop efficient and watercraft, as appropriate to and consistent units of the National Park System shall be coordinated mass transportation systems with the purposes described in subsection incorporated into the planning process; within and adjacent to national parks and (a)(3); or ‘‘(2) if the qualified participant is a State ‘‘(vii) is any transportation project that— related public lands is essential to conserve or local governmental authority, or more ‘‘(I) enhances the environment; natural, historical, and cultural resources, than 1 State or local governmental authority ‘‘(II) prevents adverse impact on natural relieve congestion, reduce pollution, improve in more than 1 State, the qualified partici- resources; mobility, and enhance visitor accessibility pant shall comply with sections 5303 through ‘‘(III) improves Federal land management and the visitor experience. 5305; agency resources management; ‘‘(3) GENERAL PURPOSES.—The purposes of ‘‘(3) if the national parks and related pub- ‘‘(IV) improves visitor mobility and acces- this section are— lic lands at issue lie in multiple States, sibility and the visitor experience; ‘‘(A) to develop a cooperative relationship there shall be cooperation in the planning ‘‘(V) reduces congestion and pollution, in- between the Secretary of Transportation and process under sections 5303 through 5305, to cluding noise and visual pollution; the Secretary of the Interior to carry out the maximum extent practicable, as deter- ‘‘(VI) conserves natural, historical, and mined by the Secretary, between those this section; cultural resources (other than through the ‘‘(B) to encourage the planning and estab- States and the Secretary of the Interior; and rehabilitation or restoration of historic ‘‘(4) the qualified participant shall comply lishment of mass transportation systems and buildings); and nonmotorized transportation systems needed with the public participation requirements ‘‘(VII) incorporates private investment; of section 5307(c). within and adjacent to national parks and and related public lands, located in both urban ‘‘(5) the term ‘Secretary’ means the Sec- ‘‘(g) GOVERNMENT’S SHARE OF COSTS.— and rural areas, that enhance resource pro- retary of Transportation. ‘‘(1) IN GENERAL.—The Secretary shall es- tection, prevent adverse impacts on those re- ‘‘(c) FEDERAL AGENCY COOPERATIVE AR- tablish the Federal Government share of as- sources, improve visitor mobility and acces- RANGEMENTS.— sistance to a qualified participant under this sibility and the visitor experience, reduce ‘‘(1) IN GENERAL.—The Secretary shall de- section. pollution and congestion, conserve energy, velop a cooperative relationship with the ‘‘(2) CONSIDERATIONS.—In establishing the and increase coordination with gateway Secretary of the Interior, which shall pro- Government’s share of the net costs of a communities; vide for— qualified transportation project under para- ‘‘(C) to assist Federal land management ‘‘(A) the exchange of technical assistance; graph (1), the Secretary shall consider— agencies and State and local governmental ‘‘(B) interagency and multidisciplinary ‘‘(A) visitation levels and the revenue de- authorities in financing areawide mass teams to develop Federal land management rived from user fees in the national parks transportation systems to be operated by agency transportation policy, procedures, and related public lands at issue; public or private mass transportation au- and coordination; and ‘‘(B) the extent to which the qualified par- thorities, as determined by local and re- ‘‘(C) the development of procedures and ticipant coordinates with an existing public gional needs, and to encourage public-pri- criteria relating to the planning, selection, or private mass transportation authority; vate partnerships; and and funding of qualified mass transportation ‘‘(C) private investment in the qualified ‘‘(D) to assist in the research and develop- projects, and implementation and oversight mass transportation project, including the ment of improved mass transportation equip- of the project plan in accordance with the re- provision of contract services, joint development, facilities, techniques, and methods quirements of this section. ment activities, and the use of innovative fi- with the cooperation of public and private ‘‘(2) PROJECT SELECTION.—The Secretary, nancing mechanisms; companies and other entities engaged in the after consultation and in cooperation with ‘‘(D) the clear and direct benefit to a quali- provision of mass transportation services. the Secretary of the Interior, shall deter- fied participant assisted under this section; ‘‘(b) DEFINITIONS.—In this section— mine the final selection and funding of and ‘‘(1) the term ‘Federal land management projects in accordance with this section. ‘‘(E) any other matters that the Secretary agency’ means the National Park Service, ‘‘(d) TYPES OF ASSISTANCE.— considers appropriate to carry out this sec- the United States Fish and Wildlife Service, ‘‘(1) IN GENERAL.—The Secretary may con- tion. or the Bureau of Land Management; tract for or enter into grants, cooperative ‘‘(3) NON-FEDERAL SHARE.—Notwith- ‘‘(2) the term ‘national parks and related agreements, or other agreements with a standing any other provision of law, Federal public lands’ means the national parks and qualified participant to carry out a qualified funds appropriated to any Federal land man- other units of the National Park System, na- mass transportation project under this sec- agement agency may be counted toward the tional wildlife refuges, recreational areas, tion. non-Federal share of the costs of any mass and other public lands managed by the Fed- ‘‘(2) OTHER USES.—A grant or cooperative transportation project that is eligible for as- eral land management agencies; agreement or other agreement for a qualified sistance under this section.

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‘‘(h) SELECTION OF QUALIFIED MASS TRANS- tation project without assistance under this The Secretary may request and receive ap- PORTATION PROJECTS.—In awarding assist- section, and according to all applicable pro- propriate information from any source. This ance for a qualified mass transportation cedures and requirements, if— subsection does not limit the authority of project under this section, the Secretary ‘‘(A) the qualified participant applies for the Secretary under any other provision of shall consider— the payment; law. ‘‘(1) project justification, including the ex- ‘‘(B) the Secretary approves the payment; ‘‘(p) REPORT.—The Secretary, in consulta- tent to which the project would conserve the and tion with the Secretary of the Interior, shall resources, prevent adverse impact, and en- ‘‘(C) before carrying out that part of the report annually to the Committee on Trans- hance the environment; project, the Secretary approves the plans portation and Infrastructure of the House of ‘‘(2) the location of the qualified mass and specifications in the same way as other Representatives and to the Committee on transportation project, to assure that the se- projects assisted under this chapter. Banking, Housing, and Urban Affairs of the lection of projects— ‘‘(2) INTEREST.—The cost of carrying out a Senate, on the allocation of amounts to be ‘‘(A) is geographically diverse nationwide; part of a project referred to in paragraph (1) made available to assist qualified mass and includes the amount of interest earned and transportation projects under this section. ‘‘(B) encompasses both urban and rural payable on bonds issued by the State or local Such reports shall be included in each report areas; governmental authority, to the extent pro- required under section 5309(p).’’. ‘‘(3) the size of the qualified mass transpor- ceeds of the bond are expended in carrying (b) AUTHORIZATIONS.—Section 5338 of title tation project, to assure a balanced distribu- out that part. However, the amount of inter- 49, United States Code, is amended by adding tion; est under this paragraph may not exceed the at the end the following: ‘‘(4) historical and cultural significance of most favorable interest terms reasonably ‘‘(j) SECTION 5339.— a project; available for the project at the time of bor- ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(5) safety; rowing. The applicant shall certify, in a appropriated to carry out section 5339 ‘‘(6) the extent to which the project would manner that is satisfactory to the Secretary, $50,000,000 for each of fiscal years 2000 enhance livable communities; that the applicant has shown reasonable dili- through 2003. ‘‘(7) the extent to which the project would gence in seeking the most favorable finan- ‘‘(2) AVAILABILITY.—Amounts made avail- reduce pollution, including noise and visual cial terms. able under this subsection for any fiscal year pollution; ‘‘(3) COST CHANGE CONSIDERATIONS.—The shall remain available for obligation until ‘‘(8) the extent to which the project would Secretary shall consider changes in project the last day of the third fiscal year com- reduce congestion and improve the mobility cost indices when determining the estimated mencing after the last day of the fiscal year of people in the most efficient manner; and cost under paragraph (2). for which the amounts were initially made ‘‘(9) any other matters that the Secretary ‘‘(k) PROJECT MANAGEMENT OVERSIGHT.— available under this subsection.’’. considers appropriate to carry out this sec- The Secretary may use not more than 0.5 (c) CONFORMING AMENDMENT.—The analysis tion. percent of amounts made available under for chapter 53 of title 49, United States Code, ‘‘(i) PROJECTS OF REGIONAL OR NATIONAL this section for a fiscal year to oversee is amended by adding at the end the fol- SIGNIFICANCE.— projects and participants in accordance with lowing: ‘‘(1) GENERAL AUTHORITY.—In addition to section 5327. ‘‘5339. Mass transportation in national parks other qualified mass transportation projects, ‘‘(l) RELATIONSHIP TO OTHER LAWS.— and related public lands.’’. the Secretary may select a qualified mass ‘‘(1) IN GENERAL.—Except as otherwise spe- (d) TECHNICAL AMENDMENTS.—Chapter 53 of transportation project that is of regional or cifically provided in this section, but subject title 49, United States Code, is amended— national significance, or that has significant to paragraph (2) of this subsection, the Sec- (1) in section 5309— visitation, or that can benefit from alter- retary shall require that all grants, con- (A) by redesignating subsection (p) as sub- native transportation solutions to problems tracts, cooperative agreements, or other section (q); and of resource management, pollution, conges- agreements under this section shall be sub- (B) by redesignating the second subsection tion, mobility, and accessibility. Such ject to the requirements of sections 5307(d), designated as subsection (o) (as added by sec- projects shall meet the criteria set forth in 5307(i), and any other terms, conditions, re- tion 3009(i) of the Federal Transit Act of 1998 paragraphs (1) through (4) of section 5309(e), quirements, and provisions that the Sec- (112 Stat. 356–357)) as subsection (p); as applicable. retary determines are necessary or appro- (2) in section 5328(a)(4), by striking ‘‘(2) PROJECT SELECTION CRITERIA.— priate to carry out this section, including re- ‘‘5309(o)(1)’’ and inserting ‘‘5309(p)(1)’’; and ‘‘(A) CONSIDERATIONS.—In selecting a quali- quirements for the distribution of proceeds (3) in section 5337, by redesignating the fied mass transportation project described in on disposition of real property and equip- second subsection designated as subsection paragraph (1), the Secretary shall consider, ment resulting from the project assisted (e) (as added by section 3028(b) of the Federal as appropriate, in addition to the consider- under this section. Transit Act of 1998 (112 Stat. 367)) as sub- ations set forth in subsection (h)— ‘‘(2) LABOR STANDARDS.—Sections section (f). ‘‘(i) visitation levels; 5323(a)(1)(D) and 5333(b) apply to assistance ‘‘(ii) the use of innovative financing or provided under this section. SECTION-BY-SECTION OF THE TRANSIT IN joint development strategies; ‘‘(m) STATE INFRASTRUCTURE BANKS.—A PARKS ACT ‘‘(iii) coordination with the gateway com- project assisted under this section shall be I. Amends Federal Transit laws by adding munities; and eligible for funding through a State Infra- new section 5339, ‘‘Mass Transportation in ‘‘(iv) any other matters that the Secretary structure Bank or other innovative financing National Parks and Related Public Lands.’’ considers appropriate to carry out this sub- mechanism otherwise available to finance an II. Statement of Policies, Findings, and section. eligible mass transportation project under Purposes: ‘‘(B) CERTAIN LOCATIONS.—For fiscal years this chapter. To encourage and promote the develop- 2000 through 2003, projects described in para- ‘‘(n) ASSET MANAGEMENT.—The Secretary ment of transportation systems for the bet- graph (1) may include the following loca- may transfer the Department of Transpor- terment of national parks and related public tions: tation interest in and control over all facili- lands and to conserve natural, historical, ‘‘(i) Grand Canyon National Park. ties and equipment acquired under this sec- and cultural resources and prevent adverse ‘‘(ii) Zion National Park. tion to a qualified participant for use and impact, relieve congestion, minimize trans- ‘‘(iii) Yosemite National Park. disposition in accordance with property portation fuel consumption, reduce pollution ‘‘(iv) Acadia National Park. management rules and regulations of the de- and enhance visitor mobility and accessi- ‘‘(C) LIMIT.—No project assisted under this partment, agency, or instrumentality of the bility and the visitor experience. subsection shall receive more than 12 percent Federal Government. To that end, this program establishes Fed- of the total amount made available under ‘‘(o) COORDINATION OF RESEARCH AND DE- eral assistance to certain Federal land man- this section in any fiscal year. PLOYMENT OF NEW TECHNOLOGIES.—The Sec- agement agencies and State and local gov- ‘‘(D) FULL FUNDING GRANT AGREEMENTS.—A retary may undertake, or make grants or ernmental authorities to finance mass trans- project assisted under this subsection whose contracts (including agreements with deportation capital projects, to encourage pub- net project cost is greater than $25,000,000 partments, agencies, and instrumentalities lic-private partnerships, and to assist in the shall be carried out through a full funding of the Federal Government) or other agree- research and deployment of improved mass grant agreement in accordance with section ments for research, development, and de- transportation equipment and methods. 5309(g). ployment of new technologies that will con- III. Definitions: ‘‘(j) UNDERTAKING PROJECTS IN ADVANCE.— serve resources and prevent adverse environ- (1) eligible ‘‘Federal land management ‘‘(1) IN GENERAL.—The Secretary may pay mental impact, improve visitor mobility, ac- agencies’’ are: National Park Service, U.S. the Government’s share of the net project cessibility and enjoyment, and reduce pollu- Fish and Wildlife Service, Bureau of Land cost to a qualified participant that carries tion, including noise and visual pollution, in Management (all under Department of the out any part of a qualified mass transpor- the national parks and related public lands. Interior).

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5228 CONGRESSIONAL RECORD—SENATE March 23, 1999 (2) ‘‘national parks and related public dressed by this program. Additional project garding joint efforts of those federal agen- lands’’: eligible areas under the management selection criteria include: visitation levels; cies to encourage the use of public transpor- of these agencies. the use of innovative financing or joint de- tation at national parks. (3) ‘‘qualified mass transportation velopment strategies; coordination with the We strongly supported that Memorandum project’’: a capital mass transportation gateway communities; and any other consid- of Understanding, and I am just as pleased to project carried out within or adjacent to na- erations the Secretary deems appropriate. support your efforts to improve mobility in tional parks and related public lands, includ- Projects under this section must meet cer- our national parks. Public transportation ing rail projects, clean fuel vehicles, joint tain Federal Transit New Starts criteria. clearly has much to offer citizens who visit development activities, pedestrian and bike This section identifies some locations that these national treasures, where congestion paths, waterborne access, or projects that may fit these criteria. Any project in this and pollution are significant—and growing— otherwise better protect the national parks category that is $25 million or greater in problems. Moreover, this legislation should and related public lands and increase visitor cost will have a full funding grant agreement broaden the base of support for public trans- mobility and accessibility. similar to Federal Transit New Starts portation, a key principle APTA has been ad- IV. Federal Agency Cooperative Arrange- projects. No project can receive more than vocating for many years. In that regard, we ments: 12% of the total amount available in any will be reviewing your bill with APTA’s leg- Implements the Memorandum of Under- given year. islative leadership. standing between the Departments of Trans- X. Undertaking Projects in Advance: We also look forward to participating in portation and the Interior for the exchange This provision applies current transit law the study of these issues you were successful of technical assistance, the development of to this section, allowing projects to advance in including in TEA 21. I applaud you for introducing the legisla- transportation policy and coordination, and prior to receiving Federal funding, but al- tion, and look forward to continuing to work the establishment of criteria for planning, lowing the advance activities to be counted with you and your staff. Let us know what selection and funding of capital projects as the local share as long as certain condi- we can do to help your initiative! under this section. The Secretary of Trans- tions are met. Sincerely yours, portation selects the projects, after con- XI. Project Management Oversight: WILLIAM W. MILLAR, sultation with the Secretary of the Interior. This provision applies current transit law President. V. Assistance: to this section, limiting oversight funds to To be provided through grants, cooperative 0.5% per year of the funds made available for FEBRUARY 24, 1999. agreements, or other agreements, including this section. Hon. PAUL SARBANES, leasing under certain conditions, for an eligi- XII. Relationship to Other Laws: U.S. Senate, Washington, DC. ble capital project under this section. Not This provision applies certain transit laws DEAR SENATOR SARBANES: This letter ex- more than 5% of the amounts available can to all projects funded under this section and presses our support for the legislation you be used for planning, research and technical permits the Secretary to apply any other are introducing, the Transit in Parks Act, assistance, and these amounts can be supple- terms or conditions he deems appropriate. which provides a direct funding source for al- mented from other sources. XIII. State Infrastructure Banks: ternative transportation projects in our na- VI. Planning Process: A project assisted under this section can tional parks and other federally-managed The Departments of Transportation and also use funding from a State Infrastructure public lands. As you know, many of these the Interior shall cooperatively develop a Bank or other innovative financing mecha- areas are experiencing unprecedented num- planning process consistent with the TEA–21 nism that funds eligible transit projects. bers of visitors resulting in severe traffic planning process in sections 5303 through XIV. Asset Management: congestion and degradation of some of the 5305 of the Federal Transit laws. This provision permits the Secretary of country’s most valuable and treasured nat- VII. Government’s Share of the Costs: Transportation to transfer control over a ural, cultural and historic resources. In determining the Federal Transit Admin- transit asset acquired with Federal funds Your bill’s establishment of a new program istration’s share of the project costs, the under this section in accord with certain within the Federal Transit Administration, Secretary of Transportation must consider Federal property management rules. dedicated to enhancing transit options in certain factors, including visitation levels XV. Coordination of Research and Deploy- and adjacent to these park lands, can have a and user fee revenues, the coordination in ment of New Technologies: powerful, positive effect on the future integ- the project development with a public or pri- This provision allows grants for research rity of the park lands and their resources by vate transit authority, private investment, and deployment of new technologies to meet reducing the need for access by automobile, and whether there is a clear and direct finan- the special needs of the national park lands. improving visitor access, and enhancing the cial benefit to the applicant. The intent is to XVI. Report: visitor experience. establish criteria for a sliding scale of assist- This requires the Secretary of Transpor- We appreciate your leadership, which has ance, with a lower Government share for tation to submit a report on projects funded been critical in bringing attention to this large projects that can attract outside in- under this section to the House Transpor- emerging issue. The programs funded vestment, and a higher Government share tation and Infrastructure Committee and the through TRIP will be a major building block for projects that may not have access to Senate Banking, Housing, and Urban Affairs in what we hope will be a broad effort to such outside resources. In addition, funds Committee, to be included in the Depart- lessen the impacts of visitation on these from the Federal land management agencies ment’s annual project report. most important natural areas. We look for- can be counted as the local share. XVII. Authorization: ward to working with you to move this legis- VIII. Selection of Projects: $50,000,000 is authorized to be appropriated lation to enactment. The Secretary shall consider: (1) project for the Secretary to carry out this program Sincerely, justification, including the extent to which for each of the fiscal years 2000 through 2003. American Planning Association; Amer- the project conserves the resources, prevents XVIII. Technical Amendments: ican Public Transit Association; Bicy- adverse impact and enhances the environ- Technical corrections to the transit title cle Federation of America; Community ment; (2) project location to ensure geo- in TEA–21. Transportation Association of Amer- graphic diversity in both rural and urban AMERICAN PUBLIC ica; Environmental Defense Fund; En- projects; (3) project size for a balanced dis- TRANSIT ASSOCIATION, vironmental and Energy Study Insti- tribution; (4) historical and cultural signifi- Washington, DC, January 25, 1999. tute; Friends of the Earth; Izaak Wal- cance; (5) safety; (6) the extent to which the Hon. PAUL S. SARBANES, ton League of America; National Asso- project would enhance livable communities; Ranking Minority Member, Committee on Bank- ciation of Counties; National Trust for (7) the reduction of pollution, including ing, Housing, and Urban Affairs, U.S. Sen- Historic Preservation; Natural Re- noise and visual pollution; (8) the reduction ate, Washington, DC. sources Defense Council; Rails-to- of congestion and the improvement of the DEAR SENATOR SARBANES: Thank you for Trails Conservancy; Scenic America; mobility of people in the most efficient man- forwarding us a copy of the ‘‘Transit in Surface Transportation Policy Project; ner; and (9) any other considerations the Parks (TRIP) Act’’ which would amend fed- The Wilderness Society. Secretary deems appropriate. Projects fund- eral transit law at chapter 53, title 49 U.S.C. ed under this section must meet certain The Act would authorize federal assistance NATIONAL PARKS AND transit law requirements. to certain federal agencies and state and CONSERVATION ASSOCIATION, IX. Projects of Regional or National Sig- local entities to finance mass transit Washington, DC, March 9, 1999. nificance: projects generally for the purpose of address- Hon. PAUL SARBANES, This is a special category that sets forth ing transportation congestion and mobility Hart Office Building, criteria for special, generally larger, projects issues at national parks. Among other Washington, DC. or for those areas that may have problems of things, the bill would implement the Memo- DEAR SENATOR SARBANES: On behalf of the resource management, pollution, congestion, randum of Understanding between the De- National Parks and Conservation Associa- mobility, and accessibility that can be ad- partments of Transportation and Interior re- tion (NPCA) and its nearly 400,000 members,

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5229 I want to thank you for proposing a bill that tive and effective transit services to and which border these national treasures. We will enhance transit options for access to within national parks. A sound practical supported your proposal last year because we and within our national parks. NPCA ap- transit system in many of our national parks know as neighbors of these facilities how plauds your leadership and foresight in rec- will improve the visitor’s experience—mak- transportation alternatives will help keep ognizing the critical role that mass transit ing it more convenient and enjoyable for these areas safe in the twenty-first century. can play in protecting our parks and improv- families and visitors of all ages. Improved All of us know the danger that congestion ing the visitor experience. transit is critical to diversifying transpor- and the increase in traffic pose for the future Visitation to America’s national parks has tation choices and providing better access of these sites and locations. Your efforts in skyrocketed during the past two decades, for the benefit of all park visitors. Air pol- the past, and more importantly this year, from 190 million visitors in 1975 to approxi- lutants from automobiles driven by visitors are an important step forward to establish a mately 270 million visitors last year. In- can exacerbate respiratory health problems, dialogue on protecting these areas that help creased public interest in these special damage vegetation, and contribute to haze make America’s natural beauty a continuous places has placed substantial burdens on the which too often obliterates park vistas. To part of the nation’s future. This work was very resources that draw people to the parks. reduce the reliance on automobiles your bill urgent last year and it remains urgent As more and more individuals crowd into our would authorize the funding so our national today. We support your efforts because our national parks—typically by automobile— parks can provide efficient and convenient need to begin is obviously overdue. Every fragile habitat, endangered plants and ani- transit systems which cost money to build day that we fail to protect these areas di- mals, unique cultural treasures, and spectac- and operate. minishes their future. ular natural resources and vistas are being We commend and thank you for your dedi- We will work with you any way we can to damaged from air and water pollution, noise cation and leadership on this issue and more help make your proposed Transit in Parks intrusion, and inappropriate use. generally to the protection of our national legislation a reality. We look forward to As outlined in your legislation, the estab- parks. Please look to us to help you estab- helping you move this important work forward. lishment of a program within the Federal lish public transit in the national parks. Sincerely, Transit Administration dedicated to enhanc- Sincerely DALE J. MARSICO, ing transit options in and adjacent to the na- CHARLES M. CLUSEN, tional parks will have a powerful, positive Senior Policy Analyst. Executive Director. effect on the future ecological and cultural By Mr. KYL (for himself and Mr. integrity of the parks. Your initiative will ENVIRONMENTAL DEFENSE FUND, boost the role of alternative transportation New York, NY, February 3, 1999. BRYAN): solutions for national parks, particularly Hon. PAUL SARBANES, S. 692. A bill to prohibit Internet those most heavily impacted by visitation U.S. Senate, Washington, DC. gambling, and for other purposes; to such as Yellowstone, Yosemite, the Grand DEAR SENATOR SARBANES: I am writing on the Committee on the Judiciary. Canyon, Acadia, Zion, and the Great Smoky behalf of the Environmental Defense Fund INTERNET GAMBLING PROHIBITION ACT Mountains. For instance, development of and our 300,000 members to express support ∑ Mr. KYL. Mr. President, I rise to in- transportation centers and auto parking lots for your bill, the Transit in Parks Act, which troduce the Internet Gambling Prohibi- outside the parks, complemented by the use will provide dedicated funding for transit tion Act. of buses, vans, or rail systems, would provide projects in our national parks. Too many of From the beginning of time, societies much more efficient means of handling the our parks suffer from the consequences of have sought to prohibit most forms of crush of visitation. poor transportation systems: traffic conges- Equally important, the legislation will tion, air and water pollution, and disturb- gambling. There are reasons for this— provide an excellent opportunity for the Na- ance of natural ecosystems. and they are especially applicable to tional Park Service (NPS) to enter into pub- Increased funding for attractive and effec- gambling on the Internet today. Con- lic/private partnerships with states, local- tive transit services to and within our na- sider the following. ities, and the private sector, providing a tional parks is essential to mitigating these Youth. A recent New York Times ar- wider range of transportation options than growing problems. A good working transit ticle warned that ‘‘Internet sports bet- exists today. These partnerships could lever- system in a number of our national parks ting entices youthful gamblers into po- age funds that NPS currently has great dif- will make the park experience not only more tentially costly losses.’’ In the same ficulty accessing. enjoyable for the many families that travel article, Kevin O’Neill, deputy director NPCA wholeheartedly endorses your bill as there, it will help improve environmental a creative new mechanism to fulfill the pri- conditions. Having had the chance to experi- of the Council on Compulsive Gambling mary mission of the National Park System: ence the excellent transit system in Denali of New Jersey, said that ‘‘Internet ‘‘to conserve the scenery and the natural and National Park, I know how much of a dif- sports gambling appeals to college-age historic objects and the wildlife therein, and ference these systems can make. people who don’t have immediate ac- to provide for the enjoyment of the same in Air pollutants that exacerbate respiratory cess to a neighborhood bookie. . . . It’s such manner and by such means as will leave health problems, damage vegetation, and on the Net and kids think it’s credible, them unimpaired for the enjoyment of future contribute to haze which too often obliter- which is scary.’’ generations.’’ ates the views at our parks, will be abated by Listen to the testimony of Jeff Pash, We look forward to working with you to decreasing the number of cars and conges- the Executive Vice President of the Na- move this legislation to enactment. tion levels in the parks. Improved transit re- tional Football League, before the Sen- Sincerely, lated to our parks is key to diversifying THOMAS C. KIERNAN, transportation choices and access for the ate Judiciary Committee: ‘‘Studies . . . President. benefit of all who might visit our national indicate that sports betting is a grow- park system. ing problem for high school and college NATURAL RESOURCES DEFENSE COUNCIL, We appreciate your leadership on this issue students. . . . As the Internet reaches Washington, DC, February 2, 1999. and your dedication to the health of our na- more and more school children, Inter- Hon. PAUL SARBANES, tional parks. We look forward to working net gambling is certain to promote U.S. Senate, Hart Senate Office Building, with you to move your legislation forward. even more gambling among young peo- Washington, DC. Yours truly, ple.’’ DEAR SENATOR PAUL SARBANES: On behalf FRED KRUPP, Families. Gambling often has ter- of the 450,000 members of the Natural Re- Executive Director. sources Defense Council, I am writing to sup- rible consequences for families and port your Transit in Parks Act. Many of our COMMUNITY TRANSPORTATION communities. According to the Council national parks are suffering from the im- ASSOCIATION OF AMERICA on Compulsive Gambling, five percent pacts of too many automobiles: traffic con- Washington, DC, February 22, 1999. of all gamblers become addicted. Many gestion, air and water pollution, and disturb- Hon. PAUL SARBANES, of those turn to crime and commit sui- ance of natural ecosystems resulting in the Committee on Banking and Urban Affairs, U.S. cide. We all pay for those tragedies. degradation of national park natural and Senate, Washington, DC. Harm to Businesses and the Econ- cultural resources and the visitor’s experi- DEAR SENATOR SARBANES: It is an honor to omy. Internet gambling is likely to ence. Providing dedicated funding for transit once again support your efforts to provide al- have a deleterious effect on businesses projects in our national parks as your bill ternative transportation strategies in our would do is a priority solution to these prob- national parks and other public lands. Our and the economy. As Ted Koppel noted lems in the National Park System. Association’s over thirteen hundred mem- in a ‘‘Nightline’’ feature on Internet It is essential in many parks to get visitors bers provide public and community transpor- gambling, ‘‘[l]ast year, 1,333,000 Amer- out of their automobiles by providing attrac- tation in many of the smaller communities ican consumers filed for bankruptcy,

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.002 S23MR9 5230 CONGRESSIONAL RECORD—SENATE March 23, 1999 thereby eliminating about $40 billion in than 260 according to some estimates.’’ lar to the one that the Senate, by an personal debt. That’s of some relevance And a recent HBO in-depth report by overwhelming 90–10 vote, attached to to all of us because the $40 billion debt Jim Lampley noted that virtual sports the Commerce-Justice-State Appro- doesn’t just disappear. It’s redistrib- books will collect more money from priations bill last year. Let me take a uted among the rest of us in the form the Super Bowl than all the sports moment to explain the bill. of increased prices on consumer goods. books in Las Vegas combined. The bill covers sports gambling and . . .’’ He continued: ‘‘If anything prom- This affects all of us. casino games. Businesses that offer ises to increase the level of personal Not every problem that is national is gambling over the Internet can be fined debt in this country, expanding access also necessarily federal. Internet gam- in an amount equal to the amount that to gambling should do it.’’ bling is a national problem AND a fed- the business received in bets via the Professor John Kindt testified before eral problem. The Internet is, of Internet or $20,000, whichever is great- the House Small Business Committee course, interstate in nature. States er, and/or imprisoned for not more than that a business with 1,000 workers can cannot protect their citizens from four years. To address concerns raised anticipate increased personnel costs of Internet gambling if anyone can trans- by the Department of Justice, the bill $500,000 a year due to job absenteeism mit it into their states. That is why (like the Wire Act) does not contain and declining productivity simply by the State Attorneys General asked for penalties for individual bettors. Such having various forms of legalized gam- federal legislation to prohibit Internet betting will, of course, still be the sub- bling accessible. gambling. In a letter to the Judiciary ject of state law. Addiction. Internet gambling en- Committee members, the Chairs of the The bill contains a strong enforce- hances the addictive nature of gam- Association’s Internet Working Group ment mechanism. At the request of the bling because it is so easy to do: you stressed the need for federal involve- United States or a State, a district don’t have to travel; you can just log ment: ‘‘[M]ore than any other area of court may enter a temporary restrain- on to your computer. Professor Kindt the law, gambling has traditionally ing order or an injunction against any has described electronic gambling, like been regulated on a state-by-state person to prevent a violation of the the type being offered in the ‘‘virtual basis, with little uniformity and mini- bill, following due notice and based on casinos’’ on the Internet, as the ‘‘hard- mal federal oversight. The availability a finding of substantial probability core cocaine of gambling.’’ of gambling on the Internet, however, that there has been a violation of the As Bernie Horn, the Executive Direc- threatens to disrupt each state’s care- law. In effect, the illegal website will tor of the National Coalition Against ful balancing of its own public welfare have its service cut off. I have worked Legalized Gaming, testified before the and fiscal concerns, by making gam- with the Internet service providers to House Judiciary Subcommittee on bling available across state and na- address concerns they raised about how Crime: ‘‘The Internet not only makes tional boundaries, with little or no reg- they would cut off service, and, as a re- highly addictive forms of gambling eas- ulatory control.’’ sult, the provisions dealing with the ily accessible to everyone, it magnifies Further, in reaffirming his support civil remedies have been revised along the potential destructiveness of the ad- for the bill, the former President of the lines of the WIPO legislation. In sum, the Internet Gambling Prohi- diction. Because of the privacy of an NAAG, Wisconsin Attorney General bition Act brings federal law up to individual and his/her computer ter- Jim Doyle, wrote: ‘‘Internet gambling date. With the advent of new, sophisti- minal, addicts can destroy themselves poses a major challenge for state and cated technology, the Wire Act is be- without anyone ever having the chance local law enforcement officials. I coming outdated. The Internet Gam- to stop them. strongly support Senator Kyl’s Inter- bling Prohibition Act corrects that Unfair payouts. As Wisconsin Attor- net Gambling Prohibition Act. Prohib- problem. ney General James Doyle testified be- iting this form of unregulated gam- I would like to take a moment to re- fore the Senate Judiciary Committee, bling will protect consumers from view the consideration of the bill dur- ‘‘[b]ecause [Internet gambling] is un- fraud and preserve state policies on ing the last Congress. In July 1997, the regulated, consumers don’t know who gambling that have been established by Judiciary Subcommittee on Tech- is on the other end of the connection. our citizens and our legislators.’’ nology held a hearing on S. 474. A wide The odds can be easily manipulated In 1961, Congress passed the Wire Act variety of people testified in support of to prohibit using telephone facilities to and there is no guarantee that fair pay- the legislation: Senator RICHARD receive bets or send gambling informa- outs will occur.’’ ‘‘Anyone who gambles BRYAN; Wisconsin Attorney General over the Internet is making a sucker tion. [18 U.S.C. § 1084.] In addition to Jim Doyle, the then-President of the bet,’’ says William A. Bible, the chair penalties imposed upon gambling busi- National Association of Attorneys Gen- of an Internet gambling subcommittee nesses that violate the law, the Wire eral; Jeff Pash, Counsel to the National on the National Gambling Impact Act gives local and state law enforce- Football League; Ann Geer, Chair of Study Commission. ment authorities the power to direct the National Coalition Against Gam- Crime. Further, gambling on the telecommunication providers to dis- bling Expansion; and Anthony Cabot, Internet is apt to lead to criminal be- continue service to proprietors of gam- professor at the International Gaming havior. Indeed, ‘‘Up to 90 percent of bling services who use the wires to con- Institute. pathological gamblers commit crimes duct illegal gambling activity. But, as Ann Geer stated that ‘‘Internet gam- to pay off their wagering debts.’’ A pointed out in the March 1999 ABA bling would multiply addiction expo- University of Illinois study found that Journal, ‘‘The problem with current nentially, increasing access and magni- for every dollar that states gain from federal law is that the communications fying the potential destructiveness of gambling, they pay out three dollars in technology it specifies is dated and the addiction. Addicts would literally social and criminal costs. limited.’’ The advent of the Internet, a click their mouse and bet the house.’’ Cost. According to an article in the communications medium not envi- As I noted earlier, Wisconsin Attor- March 1999 ABA Journal, ‘‘Online wa- sioned by the Wire Act, requires enact- ney General James Doyle testified that gering is generating a $600-million-a- ment of a new law to address activities ‘‘gambling on the Internet is a very year kitty that some analysts say in cyberspace not contemplated by the dumb bet. Because it is unregulated could reach as high as $100 billion a drafters of the older law. . . . odds can be easily manipulated year by 2006.’’ I want to repeat that: The Internet Gambling Prohibition and there is no guarantee that fair pay- ‘‘$100 BILLION a year.’’ The article Act ensures that the law keeps pace outs will occur. . . . Internet gambling continues: ‘‘The number of Web sites with technology. The bill bans gam- threatens to disrupt the system. It offering Internet gambling is growing bling on the Internet, just as the Wire crosses state and national borders with at a similar rate. In just one year, that Act prohibited gambling over the little or no regulatory control. Federal number more than quadrupled, going wires. And it does not limit the subject authorities must take the lead in this from about 60 in late 1997 to now more of gambling to sports. The bill is simi- area.’’

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5231 Additionally, in June, the Judiciary Despite exiting federal and state laws pro- Internet gambling is a serious prob- Committee held a hearing on FBI over- hibiting gambling on professional and col- lem. Society has always prohibited sight at which I said to FBI Director lege sports, sports gambling over the Inter- most forms of gambling because it can net has become a serious—and growing—na- have a devastating effect on people and Louis Freeh: ‘‘the testimony from tional problem. Many Internet gambling op- other Department of Justice and FBI erations originate from offshore locations families, and it often leads to crime witnesses has supported our legislation outside the U.S. The number of offshore and other corruption. The Internet to conform the crime of gambling on Internet gambling websites has grown from Gambling Prohibition Act will curb the the Internet to existing law. And I two in 1996 to over 70 today. It is estimated spread of online gambling.∑ would just like a reconfirmation of the that Inernet sites will book over $600 million f FBI’s support for that legislation.’’ Di- in sports bets in 1998, up from $60 million ADDITIONAL COSPONSORS rector Freeh replied ‘‘yes, I think it’s a just two years ago. These websites not only permit offshore gambling operations to so- S. 195 very effective change. We certainly licit and take bets from the United States in At the request of Mrs. BOXER, the support it.’’ defiance of federal and state law but also en- The Judiciary Subcommittee on able gamblers and would-be gamblers in the name of the Senator from Missouri Technology passed S. 474 by a unani- U.S. to place illegal sports wagers over the (Mr. ASHCROFT) was added as a cospon- mous poll and sent the bill to the full Internet from the privacy of their own home sor of S. 195, a bill to amend the Inter- Committee for consideration. The Ju- or office. nal Revenue Code of 1986 to perma- diciary Committee passed S. 474 by The letter concludes: ‘‘We strongly nently extend the research credit. voice vote. urge you to vote in favor of S. 474 when S. 317 In July 1998, by a 90 to 10 vote, the it is considered on the Senate floor.’’ At the request of Mr. DORGAN, the Internet Gambling Prohibition Act was On behalf of the NCAA, Bill Saum name of the Senator from North Da- attached to the Commerce-Justice- testified in February before the Na- kota (Mr. CONRAD) was added as a co- State Appropriations bill. In the tional Gambling Impact Study Com- sponsor of S. 317, a bill to amend the House, the bill passed Representative mission on the dangers of Internet Internal Revenue Code of 1986 to pro- MCCOLLUM’s Crime Subcommittee gambling: vide an exclusion for gain from the sale unanimously, but due to the lateness of Internet gambling provides college stu- of farmland which is similar to the ex- the session, the bill failed to move far- dents with the opportunity to place wagers clusion from gain on the sale of a prin- ther in the House and was not included on professional and college sporting events cipal residence. from the privacy of his or her campus resi- S. 331 in the final CJS bill. dence. Internet gambling offers the student At the request of Mr. JEFFORDS, the The bill has broad bipartisan support virtual anonymity. With nothing more than in Congress and the strong support of a credit card, the possibility exists for any name of the Senator from Colorado law enforcement. As I just mentioned, student-athlete to place a wager via the (Mr. CAMPBELL) was added as a cospon- FBI Director Freeh has testified that Intenet and then attempt to influence the sor of S. 331, a bill to amend the Social the bill makes a ‘‘very effective outcome of the contest while participating Security Act to expand the availability change’’ to the law and the National on the court or the playing field. There is no of health care coverage for working in- question the advent of Internet sports gam- Association of Attorneys General sent dividuals with disabilities, to establish bling poses a direct threat to all sports orga- a Ticket to Work and Self-Sufficiency a letter supporting S. 474 to all Sen- nizations that, first and foremost, must en- ators. sure the integrity of each contest played. Program in the Social Security Admin- istration to provide such individuals Further, the President of NAAG, Wis- Today, in the Judiciary Sub- with meaningful opportunities to work, consin Attorney General Jim Doyle, committee on Technology, I chaired a and for other purposes. wrote a letter expressing his support of hearing on Internet gambling. The tes- S. 335 the bill: ‘‘Internet gambling poses a timony in today’s hearing confirmed At the request of Ms. COLLINS, the major challenge for state and local law that Internet gambling is addictive, ac- names of the Senator from Virginia enforcement officials. I strongly sup- cessible to minors, subject to fraud and (Mr. ROBB), the Senator from Pennsyl- port Senator KYL’s Internet Gambling other criminal use, and evasive of state vania (Mr. SPECTER), and the Senator Prohibition Act. Prohibiting this form gambling laws. State Attorneys Gen- of unregulated gambling will protect eral from Wisconsin and Ohio asked for from Florida (Mr. GRAHAM) were added consumers from fraud and preserve federal legislation to address the mush- as cosponsors of S. 335, a bill to amend state policies on gambling that have rooming problem of online gambling, chapter 30 of title 39, United States been established by our citizens and and representatives of the National Code, to provide for the nonmailability our legislators.’’ Football League and the National Col- of certain deceptive matter relating to Florida Attorney General Bob legiate Athletic Association expressed games of chance, administrative proce- Butterworth also wrote a letter stress- their concerns over the effect of Inter- dures, orders, and civil penalties relating the support of the states for this net gambling on athletes, fans, and the ing to such matter, and for other pur- bill: ‘‘The adoption of a resolution on integrity of sporting contests. poses. this issue by NAAG represents over- Mr. President, I would like to thank S. 429 whelming support from the states for a Senator BRYAN for his hard work on At the request of Mr. DURBIN, the bill which, in essence, increases the this bill. His support and assistance name of the Senator from Connecticut federal presence in an area of primary have been invaluable. I would also like (Mr. DODD) was added as a cosponsor of state concern. However, it is clear that to extend a special thanks to the NFL, S. 429, a bill to designate the legal pub- the federal government has an impor- NCAA, and the National Association of lic holiday of ‘‘Washington’s Birthday’’ tant role in this issue which crosses Attorneys General. as ‘‘Presidents’ Day’’ in honor of state as well as international bound- The Internet offers fantastic opportu- George Washington, Abraham Lincoln, aries.’’ nities. Unfortunately, some would ex- and Franklin Roosevelt and in recogni- In the 105th Congress, S. 474 was ploit those opportunities to commit tion of the importance of the institu- strongly supported by professional and crimes and take advantage of others. tion of the Presidency and the con- amateur sports. The National Football Indeed, as Professor Kindt stated on tributions that Presidents have made League, the National Collegiate Ath- ‘‘Nightline,’’ ‘‘Once you go to Internet to the development of our Nation and letic Association, the National Hockey gambling, you’ve maximized the speed the principles of freedom and democ- League, the National Basketball Asso- you’ve maximized the acceptability racy. ciation, Major League Soccer, and and the accessibility. It’s going to be S. 459 Major League Baseball sent a joint let- in-your-face gambling, which is going At the request of Mr. BREAUX, the ter of support to all Senators. to have severe detrimental effects to name of the Senator from South Caro- I would like to read a passage from society. . . . it’s the crack cocaine of lina (Mr. HOLLINGS) was added as a co- this letter: creating new pathological gamblers.’’ sponsor of S. 459, a bill to amend the

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 5232 CONGRESSIONAL RECORD—SENATE March 23, 1999 Internal Revenue Code of 1986 to in- women screened and found to have democratic expression and promote con- crease the State ceiling on private ac- breast or cervical cancer under a feder- fidence that all political parties can work tivity bonds. ally funded screening program. cooperatively at every level of government; and S. 484 SENATE RESOLUTION 19 Whereas these open, fair, and democratic At the request of Mr. CAMPBELL, the At the request of Mr. SPECTER, the elections of the new President and Vice name of the Senator from Kentucky names of the Senator from New York President should be broadly commended: (Mr. BUNNING) was added as a cosponsor (Mr. SCHUMER) and the Senator from Now, therefore, be it of S. 484, a bill to provide for the grant- Connecticut (Mr. DODD) were added as Resolved, That the Senate— ing of refugee status in the United cosponsors of Senate Resolution 19, a (1) congratulates the Government and the States to nationals of certain foreign resolution to express the sense of the people of the Republic of El Salvador for the countries in which American Vietnam Senate that the Federal investment in successful completion of democratic multiparty elections held on March 7, 1999, War POW/MIAs or American Korean biomedical research should be infor President and Vice President; War POW/MIAs may be present, if creased by $2,000,000,000 in fiscal year (2) congratulates President-elect Francisco those nationals assist in the return to 2000. Guillermo Flores Perez and Vice President- the United States of those POW/MIAs SENATE RESOLUTION 33 elect Carlos Quintanilla Schmidt on their re- alive. At the request of Mr. MCCAIN, the cent victory and their continued strong com- S. 531 names of the Senator from Georgia mitment to democracy, national reconciliation, and reconstruction; At the request of Mr. ABRAHAM, the (Mr. COVERDELL), the Senator from (3) congratulates El Salvadoran President name of the Senator from New Jersey South Dakota (Mr. JOHNSON), the Sen- Armando Caldero´ n Sol for his personal com- (Mr. TORRICELLI) was added as a co- ator from Arkansas (Mrs. LINCOLN), the mitment to democracy, which has helped in sponsor of S. 531, a bill to authorize the Senator from Hawaii (Mr. AKAKA), the the building of national unity in the Repub- President to award a gold medal on be- Senator from Massachusetts (Mr. lic of El Salvador; half of the Congress to Rosa Parks in KERRY), the Senator from Wisconsin (4) commends all Salvadoran citizens and recognition of her contributions to the (Mr. FEINGOLD), the Senator from Flor- political parties for their efforts to work to- Nation. ida (Mr. MACK), and the Senator from gether to take risks for democracy and to willfully pursue national reconciliation in S. 579 Rhode Island (Mr. REED) were added as order to cement a lasting peace and to At the request of Mr. BROWNBACK, the cosponsors of Senate Resolution 33, a strengthen democratic traditions in El Sal- name of the Senator from Montana resolution designating May 1999 as vador; (Mr. BURNS) was added as a cosponsor ‘‘National Military Appreciation (5) supports Salvadoran attempts to con- of S. 579, a bill to amend the Foreign Month.’’ tinue their cooperation in order to ensure de- Assistance Act of 1961 to target assist- SENATE RESOLUTION 48 mocracy, national reconciliation, and eco- ance to support the economic and po- At the request of Mrs. HUTCHISON, the nomic prosperity; and litical independence of the countries of name of the Senator from Maine (Ms. (6) reaffirms that the United States is unequivocally committed to encouraging de- the South Caucasus and Central Asia. COLLINS) was added as a cosponsor of mocracy and peaceful development through- S. 629 Senate Resolution 48, a resolution des- out Central America. At the request of Mr. BAUCUS, the ignating the week beginning March 7, ∑ Mr. DEWINE. Mr. President, I rise name of the Senator from Montana 1999, as ‘‘National Girl Scout Week.’’ today to submit a resolution on El Sal- (Mr. BURNS) was added as a cosponsor SENATE RESOLUTION 71 vador along with Senators COVERDELL, of S. 629, a bill to amend the Federal At the request of Mr. ABRAHAM, the GRAHAM and DODD. This resolution con- Crop Insurance Act and the Agricul- name of the Senator from Maine (Ms. gratulates the government and the peo- tural Market Transition Act to provide COLLINS) was added as a cosponsor of ple of El Salvador on successfully com- for a safety net to producers through Senate Resolution 71, a resolution ex- pleting free and democratic elections cost of production crop insurance cov- pressing the sense of the Senate reject- on March 7, 1999. erage, to improve procedures used to ing a tax increase on investment in- On March 7, 1999 the Republic of El determine yields for crop insurance, to come of certain associations. Salvador successfully completed its improve the noninsured crop assistance f second democratic multiparty election program, and for other purposes. SENATE RESOLUTION 73—CON- since the signing of the peace accords S. 635 GRATULATING THE GOVERN- in 1992. These elections, like the legis- At the request of Mr. MACK, the MENT AND THE PEOPLE OF EL lative elections in 1997 and the Presi- names of the Senator from South Da- SALVADOR ON SUCCESSFULLY dential elections in 1994, were deemed kota (Mr. JOHNSON) and the Senator COMPLETING FREE AND DEMO- free and fair by domestic and inter- from Michigan (Mr. ABRAHAM) were CRATIC ELECTIONS national observers. Moreover, the elec- added as cosponsors of S. 635, a bill to tions were conducted in an environ- amend the Internal Revenue Code of Mr. DEWINE (for himself, Mr. COVER- ment of peace, where all parties con- 1986 to more accurately codify the de- DELL, Mr. GRAHAM, Mr. DODD, and Mr. tested for the right to govern in a spir- preciable life of printed wiring board ROBB) submitted the following resolu- ited political campaign. and printed wiring assembly equip- tion; which was referred to the Com- This resolution today commends the ment. mittee on Foreign Relations. government of El Salvador and most S. 642 S. RES. 73 importantly the people of the country, At the request of Mr. GRASSLEY, the Whereas on March 7, 1999, the Republic of who thought their participation in the name of the Senator from Kentucky El Salvador successfully completed its sec- political process have demonstrated (Mr. BUNNING) was added as a cosponsor ond democratic multiparty elections for the strength and diversity of El Sal- of S. 642, a bill to amend the Internal President and Vice President since the signing of the 1992 peace accords; vador’s democratic expression. It also Revenue Code of 1986 to provide for Whereas these elections were deemed by congratulates Mr. Francisco Flores, Farm and Ranch Risk Management Ac- international and domestic observers to be President-elect, and Vice President- counts, and for other purposes. free and fair and a legitimate nonviolent ex- elect, Mr. Carlos Quintanilla-Schmidt S. 662 pression of the will of the people of the Re- for their electoral victory and for their At the request of Mr. CHAFEE, the public of El Salvador; commitment to democracy and to the names of the Senator from North Da- Whereas the United States has consist- continued progress of El Salvador. ently supported the efforts of the people of kota (Mr. DORGAN) and the Senator This election further consolidates El El Salvador to consolidate their democracy from Maine (Ms. COLLINS) were added and to implement the provisions of the 1992 Salvador’s dramatic transformation in as cosponsors of S. 662, a bill to amend peace accords; the seven short years since the signing title XIX of the Social Security Act to Whereas these elections demonstrate the of the peace accords. Today, El Sal- provide medical assistance for certain strength and diversity of El Salvador’s vador has moved from a country

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5233 racked by civil war into a stable gether—and increase the likelihood (7) The Federal Government has endorsed multiparty democracy. The country that for all of us, the 21st century will the concept of private long-term care insur- has attained a balance of power among be a time of peace, freedom, and pros- ance by establishing Federal tax rules for the Executive, Judicial and Legislative perity. tax-qualified policies in the Health Insur- ance Portability and Accountability Act of Branches. It has enacted measures to f 1996. guarantee the full respect of human SENATE CONCURRENT RESOLU- (8) The Federal Government has ensured rights and fundamental freedoms, and TION 21—AUTHORIZING THE the availability of quality long-term care in- has adopted policies that strengthen surance products and sales practices by PRESIDENT OF THE UNITED municipal governments and provide adopting strict consumer protections in the STATES TO CONDUCT MILITARY much-needed social services to local Health Insurance Portability and Account- AIR OPERATIONS AND MISSILE communities. ability Act of 1996. The country has also undergone an STRIKES AGAINST THE FEDERAL (b) SENSE OF CONGRESS.—It is the sense of Congress that— equally dramatic economic trans- REPUBLIC OF YUGOSLAVIA (SER- BIA AND MONTENEGRO) (1) the Federal Government should take all formation. Its economy, which suffered appropriate steps to inform the public about decades of decline, has become one of Mr. BIDEN (for himself, Mr. WARNER, the financial risks posed by rapidly increas- the fastest growing economies in the Mr. LEVIN, Mr. BYRD, Mr. MCCONNELL, ing long-term care costs and about the need region. For the past eight years, the Mr. HAGEL, Mr. STEVENS, Mr. LAUTEN- for families to plan for their long-term care GDP in El Salvador has averaged 5.3 BERG, Mr. LIEBERMAN, and Mr. ROBB) needs; percent. Inflation, which averaged submitted the following concurrent (2) the Federal Government should take all above 20 percent prior to 1992, now tops resolution; which was considered and appropriate steps to inform the public that agreed to: medicare does not cover most long-term care at 1.5 percent. El Salvador’s privatiza- costs and that medicaid covers long-term S. CON. RES. 21 tion program is one of the most suc- care costs only when the beneficiary has ex- cessful in the region. Moreover, it is Resolved by the Senate (the House of Rep- hausted his or her assets; considered today one of the best sov- resentatives concurring), That the President of (3) the Federal Government should take all ereign credit risks in Latin America. the United States is authorized to conduct appropriate steps not only to encourage em- All of these accomplishments are tes- military air operations and missile strikes in ployers to offer private long-term care insur- cooperation with our NATO allies against tament to the will of the Salvadoran ance coverage to employees, but also to en- the Federal Republic of Yugoslavia (Serbia courage both working-aged people and older people to put their past behind them and Montenegro). and focus on creating a future of social citizens to obtain long-term care insurance f either through their employers or on their stability and economic prosperity. It is SENATE CONCURRENT RESOLU- own; also a testament to the political lead- (4) appropriate committees of Congress, to- ership of the Salvadoran government. TION 22—EXPRESSING THE gether with the Department of Health and When President Calderon Sol took of- SENSE OF CONGRESS WITH RE- Human Services and other appropriate exec- fice five years ago, he had the responsi- SPECT TO PROMOTING COV- utive branch agencies, should develop spe- bility to assure full compliance with ERAGE OF INDIVIDUALS UNDER cific ideas for encouraging Americans to the peace accords, as well as keep the LONG-TERM CARE INSURANCE plan for their own long-term care needs; and economy of El Salvador on the path of Mr. DODD (for himself and Mr. (5) the congressional tax-writing committees, together with the Department of the economic reform. He deserves today to GRASSLEY) submitted the following Treasury, should determine whether modi- be applauded by this body of Congress concurrent resolution; which was re- fication of the tax rules for long-term care for his accomplishments and for lead- ferred to the Committee on Finance: insurance is necessary to ensure that the ing his country successfully into the S. RES. 22 rules adequately facilitate the affordability 21st century. Resolved by the Senate (the House of Rep- of long-term care insurance. El Salvador’s dramatic trans- resentatives concurring), f formation is not unlike the changes SECTION 1. PROMOTION OF COVERAGE OF INDI- NOTICE OF HEARING that have taken place across Central VIDUALS UNDER LONG-TERM CARE INSURANCE. America. Today marks the first time in COMMITTEE ON HEALTH, EDUCATION, LABOR, (a) FINDINGS.—Congress finds the fol- AND PENSION the history of the region that all of lowing: Central America is at peace, imple- (1) As the baby boom generation begins to Mr. JEFFORDS. Mr. President, I menting free market reforms and led retire, funding social security and medicare would like to announce for information by Democratic governments. For those will put a strain on the financial resources of of the Senate and the public that a of us who were in Congress during the younger Americans. hearing of the Senate Committee on 1980s, we know what a remarkable feat (2) Medicaid was designed as a program for Health, Education, Labor and Pen- this is and how significant it is that we the poor, but in many States medicaid is sions, Subcommittee on Public Health can today, in a bipartisan fashion, ap- being used for middle income elderly people will be held on, March 25, 1999, 9:30 to fund long-term care expenses. a.m., in SD–430 of the Senate Dirksen plaud the consolidation of democracy (3) In the coming decade, people over age 65 in El Salvador. will represent 20 percent or more of the pop- Building. The subject of the hearing is We should not take the strides that ulation, and the proportion of the population Bioterrorism. For further information, the region has taken for granted. The composed of individuals who are over age 85, please call the committee, 202/224–5375. devastation brought by Hurricane and most likely to need long-term care, may f Mitch has dealt a severe blow to the double or triple. AUTHORITY FOR COMMITTEES TO fortunes of the region. History has (4) With nursing home care now costing an MEET shown that natural disasters can be the average of $40,000 to $50,000 per year, long- term care expenses can have a catastrophic COMMITTEE ON ARMED SERVICES breeding grounds for civil and political effect on families, wiping out a lifetime of unrest and the erosion of civil liberties. savings before a spouse, parent, or grand- Mr. SMITH of New Hampshire. Mr. I urge my colleagues to support the parent becomes eligible for medicaid. President, I ask unanimous consent emergency aid package to the region (5) Many people are unaware that most that the Committee on Armed Services that is currently on the Senate floor long-term care costs are not covered by Subcommittee on Emerging Threats for debate. In addition, IO ask that we medicare and that medicaid covers long- and Capabilities be authorized to meet also pass the CBI enhancement bill so term care only after the person’s assets have at 2:30 p.m. on Tuesday, March 23, 1999, that these countries also have the op- been exhausted. in open session, to receive testimony (6) Widespread use of private long-term on the proliferation threat and the De- portunity to help themselves. care insurance has the potential to protect Mr. President, I congratulate and families from the catastrophic costs of long- partment of Defense’s program and commend the people of El Salvador for term care services while, at the same time, policies to counter it. continuing to move forward in a way easing the burden on medicaid as the baby The PRESIDING OFFICER. Without that will bring our hemisphere to- boom generation ages. objection, it is so ordered.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 5234 CONGRESSIONAL RECORD—SENATE March 23, 1999 COMMITTEE ON FINANCE SUBCOMMITTEE ON INVESTIGATIONS I ask that a portion of his award win- Mr. SMITH of New Hampshire. Mr. Mr. SMITH of New Hampshire. Mr. ning article be printed in the RECORD President, the Finance Committee re- President, I ask unanimous consent on and intend to have the remainder of quests unanimous consent to conduct a behalf of the Permanent Subcommittee the article printed in the RECORD over hearing on Tuesday, March 23, 1999 be- on Investigations of the Governmental the next several days. ginning at 10 a.m. in room 215 Dirksen. Affairs Committee to meet on Tuesday, The material follows: The PRESIDING OFFICER. Without March 23, 1999, for a hearing on the SUBMISS: THE MYSTERIOUS DEATH OF THE objection, it is so ordered. topic of ‘‘Securities Fraud On The U.S.S. ‘‘SCORPION’’ (SSN 589) COMMITTEE ON FOREIGN RELATIONS Internet.’’ (By Mark Bradley) Mr. SMITH of New Hampshire. Mr. The PRESIDING OFFICER. Without At around midnight on May 16, 1968, U.S.S. President, I ask unanimous consent objection, it is so ordered. Scorpion (SSN 589) slipped quietly through that the Committee on Foreign Rela- SUBCOMMITTEE ON TECHNOLOGY, TERRORISM, the Straits of Gibraltar and paused just long tions be authorized to meet during the AND GOVERNMENT INFORMATION enough off the choppy breakwaters of Rota, session of the Senate on Tuesday, Mr. SMITH of New Hampshire. Mr. Spain, to rendezvous with a boat and offload March 23, 1999 at 2:30 p.m. to hold a two crewmen and several messages. A high President, I ask unanimous consent performance nuclear attack submarine with business meeting. that the Subcommittee on Technology, 99 men aboard, the Scorpion was on her way The PRESIDING OFFICER. Without Terrorism, and Government Informa- home to Norfolk, Virginia, after completing objection, it is so ordered. tion, of the Senate Judiciary Com- three months of operations in the Mediterra- SPECIAL COMMITTEE ON AGING mittee be authorized to hold a hearing nean with vessels from the Sixth Fleet and Mr. SMITH of New Hampshire. Mr. during the session of the Senate on NATO. Capable of traveling submerged at President, I ask unanimous consent Tuesday, March 23, 1999 at 10 a.m. in over 30 knots, she expected to reach her that the Special Committee on Aging room 226, Senate Dirksen Office Build- home port within a week. Upon entering the Atlantic, the Scorpion be permitted to meet on March 23, 1999 ing, on ‘‘Internet Gambling.’’ fell under the direct operational control of at 9 a.m.–1 p.m. in Dirksen 106 for the The PRESIDING OFFICER. Without Vice Admiral Arnold Schade, the commander purpose of conducting a hearing. objection, it is so ordered. of the U.S. Navy’s Atlantic Submarine Fleet. The PRESIDING OFFICER. Without f On May 20, he issued a still-classified oper- objection, it is so ordered. ations order to the submarine that diverted ADDITIONAL STATEMENTS SUBCOMMITTEE ON AFRICAN AFFAIRS her from her homeward trek and required Mr. SMITH of New Hampshire. Mr. THE 1999 JAMES MADISON PRIZE her to move toward the Canary Islands and a President, I ask unanimous consent ∑ Mr. MOYNIHAN. Mr. President, this small formation of Soviet warships that had past Friday, the Society for History in gathered southwest of the islands. Under that the Subcommittee on African Af- U.S. Naval air surveillance since May 19, this fairs of the Committee on Foreign Re- the Federal Government awarded its flotilla consisted of one Echo-II class nuclear lations be authorized to meet during annual James Madison prize for the submarine, a submarine rescue vessel, and the session of the Senate on Tuesday, most distinguished article on an his- two hydrographic surveys ships. Three days March 23, 1999 at 10 a.m. to hold a hear- torical topic ‘‘reflecting on the func- later, a missile destroyer capable of firing ing. tions of the Federal Government.’’ This nuclear surface-to-surface missiles and an The PRESIDING OFFICER. Without year, the award was presented to a oiler joined the group. objection, it is so ordered. member of my staff, Mark A. Bradley, At approximately 7:54 p.m. Norfolk time on for an article he wrote on the dis- May 21, the Scorpion rose to within a few feet SUBCOMMITTEE ON AGING of the rolling surface, extended her antenna, Mr. SMITH of New Hampshire. Mr. appearance of the U.S.S. Scorpion (SSN and radioed the U.S. Naval Communication President, I ask unanimous consent 589). Station in Greece. Her radioman reported that the Subcommittee on Aging of the The Scorpion was a Skipjack class nu- that she was 250 miles southwest of the Committee on Health, Education, clear submarine. In 1968, after a Medi- Azores Islands and estimated her time of ar- Labor, and Pensions be authorized to terranean deployment with the 6th rival in Norfolk to be 1 p.m. on May 27. On meet during the session of the Senate Fleet, the Scorpion was lost with all that day, as the families of the crew gath- on Tuesday, March 23, 1999 at 2 p.m. to hands aboard about 400 miles of the ered on Pier 22 in a driving rain and waited Azores. It had been on a secret intel- for their husbands and fathers to surface off receive testimony on the Older Ameri- the Virginia capes, the captain of the U.S.S. cans Act. ligence mission and the exact cir- Orion, who was the acting commander of The PRESIDING OFFICER. Without cumstances of the tragedy continue to Submarine Squadron 6, the Scorpion’s unit, objection, it is so ordered. be debated. Mr. Bradley’s article re- told Schade what the Vice Admiral secretly SUBCOMMITTEE ON EAST ASIAN AND PACIFIC counts the events that led to the loss knew: the Scorpion had failed to respond to AFFAIRS of the Scorpion and offers an insightful routine messages about tug services and her Mr. SMITH of New Hampshire. Mr. explanation of what might have caused berthing location. After an intensive effort President, I ask unanimous consent the accident. to communicate with the submarine failed, Schade declared a SUBMISS at 3:15 p.m. and Our own Senator ROBERT C. BYRD for that the Subcommittee on East Asian launched a massive hunt. and Pacific Affairs of the Committee his masterly work on the Senate, his- Numbering over fifty ships, submarines on Foreign Relations be authorized to torian Ira Berlin for his work on Eman- and planes, the searchers retraced the Scor- meet during the session of the Senate cipation in the American South, and pion’s projected route to Norfolk and found on Tuesday, March 23, 1999 at 12 noon the Manuscript Division of the Library nothing. What most in the Navy, including to hold a hearing. of Congress, for its W. Averell Har- the crew’s families, did not know was that The PRESIDING OFFICER. Without riman project are all past Society for Schade already had organized a secret search objection, it is so ordered. History in the Federal Government for the submarine on May 24 after she had award winners. failed to respond to a series of classified mes- SUBCOMMITTEE ON HOUSING AND sages and, by May 28, he and others in the TRANSPORTATION As a Rhodes scholar, Mr. Bradley is service’s command believed the Scorpion had Mr. SMITH of New Hampshire. Mr. no stranger to distinguished awards. been destroyed. Highly classified hydrophone President, I ask unanimous consent He is an accomplished historian who, data indicated to them that she had suffered that the Subcommittee on Housing and in his spare time, serves as the Asso- a catastrophic explosion on May 22 and had Transportation of the Committee on ciate Editor of Periodical, the Journal been crushed as she twisted to the ocean’s Banking, Housing, and Urban Affairs of America’s Military Past, where his floor. be authorized to meet during the ses- award winning article, ‘‘Submiss: The On June 5, the Navy officially declared the Mysterious Death of the USS Scorpion submarine presumed lost and her crew dead. sion of the Senate on Tuesday, March On June 4, the service’s high command had 23, 1999, to conduct a hearing on ‘‘Man- (SSN 589) appeared. We are proud of established a formal court of inquiry chaired agement Challenges at HUD.’’ him and thankful that he has chosen to by Vice Admiral Bernard Austin (Ret), who The PRESIDING OFFICER. Without apply his talents here in the Senate in also had headed the Navy’s investigation objection, it is so ordered. the service of the nation. into the 1963 loss of U.S.S. Thresher which

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5235 had cost the lives of 129 men. After evalu- guarded intelligence operations ever mount- twenty-four hours later, SOSUS and civilian ating nearly 50 days of testimony, the Court ed by the United States. Code named Oper- underwater listening systems ranging from concluded that it could not determine the ation HOLYSTONE, its original purpose was Argentina to Newfoundland picked up the exact cause for the Scorpion’s loss. On Octo- to use specially equipped submarines to pen- shock of an underwater explosion along the ber 28, 1968, the Navy found the Scorpion’s etrate Soviet waters to observe missile Scorpion’s projected route followed by crush- shaattered remains in over 11,000 feet of launches and capture readouts of their coming sounds not unlike those recorded during water approximately 400 miles southwest of puter calculations. Later, they also were the Thresher’s destruction in 1963. According the Azores Islands. On November 6 Admiral used to photograph and gather highly sen- to these readouts, the entire episode lasted Austin reconvened his court, which studied sitive configuration and sound data on the slightly over three months. thousands of photographs taken of the Russian navy, particularly its submarines. Applying sophisticated mathematics to wreckage by U.S.N.S. Mizar. After two more This information was then used by intel- these recordings and tracing the Scorpion’s months of investigation, the Court again ligence analysts to track hostile warships by presumed track and speed to Norfolk, the held that it could not determine precisely listening to their noise patterns and sound Navy designated an area of ‘‘special inter- how the submarine had been destroyed. signatures. est’’ for its search some 400 miles southwest Frustrated by their lack of any clear an- While the Scorpion specialized in devel- of the Azores Islands. On May 31, the U.S.S. swers, the Navy’s high command turned to oping undersea nuclear warfare tactics, she Compass Island, a navigational research the Trieste II, a specially designed deep water also was used to collect intelligence. For in- ship, was dispatched to conduct an under- submersible capable of plunging down to the stance, in the late winter and early spring of water survey and on October 28, 1968, the gravesite. Between 2 June and 2 August 1969, 1966, and again that fall, she was engaged in U.S.N.S. Mizar, another navigational ship this bathyscape made nine dives to the Scor- what the Navy has called ‘‘special oper- with advanced photographic equipment, fi- pion, photographing and diagramming her ations.’’ Her then-commanding officer re- nally found the wreckage only three miles broken corpse. Although these efforts pro- ceived the Navy’s commendation medal for away from where SOSUS computers had esti- vided a clearer view of where she was and in outstanding service. Although much about mated it to be. Broken into two pieces, the what condition, they again failed to tell her last mission remains a mystery—five out Scorpion’s remains lay in over 11,000 feet of what had happened to one of the service’s of the last nine messages sent to her between water. most elite warships. After thirty years, the May 21 and May 27 from Norfolk are still Deeply shaken and still reeling from the Scorpion’s fate still remains shrouded in mys- classified top secret—it seems likely that loss of the U.S.S. Thresher (SSN 593) five tery, a not so ironic end for a member of the the Scorpion was engaged in or had just com- years earlier, the Navy began its post- silent service that spent her life on the shad- pleted a highly sensitive intelligence oper- morten with only the SOSUS readouts, the owy front lines of the Cold War. ation when she was lost. Scorpion’s operational history and the testi- Launched on December 19, 1959, and com- According to the first Court of Inquiry’s mony of her former crew members. The first missioned on July 29, 1960, the Scorpion was sanitized declassified report, the Scorpion Court of Inquiry deliberated from 4 June 1968 built by General Dynamics’ Electric Boat Di- had been diverted to shadow a Soviet flotilla until 25 July 1968 and examined 76 witnesses vision in Groton, Connecticut. One of six engaged in a ‘‘hydroacoustic’’ operation. as it considered a broad array of fatal possi- Skipjack class nuclear attack submarines, This means the Russians were also collecting bilities. First among these was that the So- which combined a tear drop-shaped hull with and analyzing information derived from the viets had intercepted the Scorpion and fin- a S5W reactor, the 252 foot Scorpion was ca- acoustic waves radiated by unfriendly ships ished her in an undersea dogfight. The Court pable of traveling over 20 knots while on the and submarines. The Navy would have been discarded this theory after it examined the surface and over 30 knots while submerged. greatly interested in any activity of this reports the intelligence community provided Her top underwater speed was more than 8 sort, particularly given the Soviets’ location and found no evidence that the Soviet forma- knots faster than that of U.S.S. Nautilus, the off the Canary Islands and near the Straits tion which the Scorpion had been sent to world’s first nuclear submarine, launched in of Gibraltar, the gateway to the Mediterra- shadow had launched an attack or fired any 1954, and twice that of the best World War II nean. weapons when SOSUS recorded the explo- German U-boats. While the Nazis’ Type XXI The Soviets also may have been trying to sion. The Court also noted that there were submarine, completed in 1944 could travel at gather intelligence on the Americans’ highly no other Russian or Warsaw Pact vessels a top speed of 16.7 knots for 72 minutes with- secretive Sound Underwater Surveillance within 1,000 miles of the Scorpion’s last re- out resurfacing, the Scorpion could easily System (SOSUS), an elaborate global net- ported position.∑ travel submerged at top speed for 70 days. work of fixed sea bottom hydrophones that f These capabilities for high underwater speed listened for submarines. First developed in and unlimited endurance gave the Navy new 1950 and installed in 1954, SOSUS formed the AVIATION SAFETY PROTECTION tactical abilities undreamed of in 1941–1945. backbone of the United States’ anti-sub- ACT Although World War II had witnessed two marine detection capability. This system be- ∑ Mr. GRASSLEY. Mr. President, I am great submarine campaigns, the first in the came even more crucial in the late 1960s as Atlantic where the Germans tried to sever the Soviet Navy began shifting its focus pleased to join Senator KERRY in intro- England’s supply lines and the second in the away from protecting Russia’s coastal wa- ducing the ‘‘Aviation Safety Protec- Pacific where the Americans assaulted the ters to building a blue water fleet spear- tion Act of 1999.’’ This legislation will Japanese merchant fleet, the submarines of headed by advanced hunter-killer and bal- grant whistleblower protection to avia- that period were strikingly similar to their listic missile nuclear submarines. This tion workers, thus helping to increase World War I counterparts in submerged forced the Pentagon to place a premium on the safety of the aviation industry and speed and endurance. Dependent upon diesel intelligence about the Kremlin’s undersea the traveling public. oil while traveling on the surface and bat- operations. I have long been a supporter of whis- teries while underneath, these submarines By 1968, the Americans had deployed a were forced to spend the bulk of their time SOSUS network off the Canary Islands and tleblower protection for government above water recharging, only submerging were laying another off the Azores Islands. workers. This act will extend that pro- once they had spotted a target. Their reli- Both were aimed at tracking Soviet sub- tection to aviation workers. Airline ance on two propulsion systems made them marines nearing the Straits of Gibraltar and employees play a vital role in the pro- easy prey for air and surface attacks. Only approaching the Cape of Good Hope. Any So- tection of the traveling public. They near the war’s end did Hitler’s U-boats exper- viet attempt to disrupt or penetrate SOSUS are the first line of defense when it iment with snorkels and more powerful bat- would have aroused a great deal of interest comes to recognizing hazards and other teries, and American submarines regularly in Norfolk and may explain the Navy’s deci- violations which can threaten airline employ sonar and radar. Even with these in- sion to send the Scorpion toward the Canary novations, the United States Navy still lost Islands. safety. These dedicated employees nearly one-fifth of its submarine force while Whatever he last mission was, it appears should not have to choose between sav- fighting in both theaters. The dropping of likely that the Scorpion had completed her ing the public or saving their own jobs. the atomic bomb changed all this and made operational phase by 7:54 p.m. on May 21, The extension of whistleblower protec- possible not only one fuel system but also when she broadcast her last position and es- tion will eliminate that unfair choice much greater underwater speed and endur- timated time of arrival in Norfolk. Oper- and will allow them to do what is ance. ating under strict orders to maintain elec- right. What is right is to be able to tell The Navy quickly seized upon these new tronic silence ‘‘except when necessary’’, the airline management of aviation safety capabilities and deployed its nuclear sub- Scorpion sent only this message after she left marines in a variety of missions, particu- Rota. At the time of her last communica- problems without fear of retaliation or larly in gathering intelligence about the So- tion, she was approximately two hundred losing their job. viet fleet. In 1959, President Dwight Eisen- miles or six hours away from the Soviet for- I have been working with Senator hower approved one of the most closely mation she had been sent to monitor. Nearly KERRY and flight attendants on this

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 5236 CONGRESSIONAL RECORD—SENATE March 23, 1999 vital legislation for the past several We senior citizens and those of you over 50 travel for the rest of us and help NASA’s fu- years. It was included in the last Con- remember well when John Glenn blasted off ture programs and funding. Let’s you and I gress in the FAA reauthorization bill. Cape Canaveral into Earth orbit on Friend- make a date to fly to Mars in the year 2010! God bless you and keep you safe, John Unfortunately that bill was not passed ship 7 almost 37 years ago. In that five-hour mission he would orbit the Earth three times Glenn. You truly have all ‘‘The Right into law. We are looking forward to at an altitude of 100 miles, traveling at over Stuff!’’∑ working closely with Senator MCCAIN 17,000 mph. f and Congressman SHUSTER this year as From start to finish the venerable and the FAA reauthorization legislation trusted Walter Cronkite covered the flight RETIREMENT OF LSU SYSTEM moves through the Congress. on our TVs, using words only, as there were PRESIDENT ALLEN COPPING The traveling public expects and de- no sophisticated cameras at Cape Canaveral ∑ Mr. BREAUX. Mr. President, this serves the safest air travel system pos- or on board Glenn’s space ship that could month marks the end of a distin- sible. Granting aviation employees cover the actual flight. At lift-off Cronite yelled, ‘‘Go, baby!’’ guished and remarkable career in pub- whistleblower protection will fill a gap lic education for the president of my in the air travel system. On board Friendship 7, John Glenn had only one simple, hand-held camera to snap state’s flagship university. At month’s I join with Senator KERRY in urging shots out of his window. In Glenn’s inter- end, Dr. Allen A. Copping will be retir- my colleagues to cosponsor this legis- views after his splashdown, he kept using the ing, leaving the post of president of the ∑ lation. word ‘‘pleasant’’ to describe his experience Louisiana State University System f with zero gravity on his flight and his views that he has held since March of 1985. of Earth. He is quoted as saying, ‘‘This free- MAX ROWE PAYS TRIBUTE TO OUR Dr. Copping’s retirement is signifi- floating feeling, I don’t know how to describe cant for several reasons. Under his able AMERICAN HERO, JOHN GLENN it except that it is very pleasant. It’s an in- and dedicated leadership, the LSU Sys- ∑ Mr. DURBIN. Mr. President, I rise teresting feeling. Sunset at this altitude is tem has enjoyed enormous growth and today to share with my colleagues an tremendous. I’ve never seen anything like development and is recognized around article written by Max Rowe. On No- this. It was a truly beautiful, beautiful sight.’’ the country as a leader in educational vember 8, 1998, Mr. Rowe, a guest col- Before Glenn’s 1962 spaceflight, two Rus- excellence in numerous fields of aca- umnist for the Springfield Journal- sians had orbited Earth, Glenn helped us demic pursuit. Dr. Copping’s fourteen- Register, wrote an article paying trib- catch up with (and eventually surpass) the year tenure is significant for another ute to John Glenn entitled, ‘‘Glenn is a Russians in spaceflight experience and tech- reason: He will always be remembered hero for the ages.’’ nology. as the first health scientist to hold the Mr. President, I would like to speak On the afternoon of Oct. 29, 1998, I sat be- for a brief moment about Mr. Rowe and fore my TV waiting through two short delays position as LSU president. Allen Copping is a native of New Or- some of his accomplishments. Max at- for the launch. At 1:20 p.m. ‘‘successful lift- leans, born in 1927 and educated in the tended the University of Illinois where off’’ put John Glenn and six other astronauts into an almost nine-day space flight on Dis- city’s public schools. After graduating he received his B.A. and law degree covery. What a contrast to his 1962 flight! from Loyola University with a Doctor’s (J.D.). Following his academic career Discovery has about a dozen high-tech cam- degree in Dental Surgery in 1949, Dr. at the University of Illinois, he eras to keep NASA and us informed of every Copping entered the U.S. Navy and furthered his education by pursuing a phase of the flight and thousands of controls served our country with distinction Master of Business Administration and pieces of complicated, marvelous equip- during the Korean Conflict. After the from the University of Chicago. After ment to record everything from start to fin- war, he returned to New Orleans, where completing his education, Max went on ish. At last we will learn, among other he began a very successful dental prac- to work for the Kirkland & Ellis law things, the effect of spaceflight on an older person and on the aging process. tice and also landed on the faculty of firm where he dedicated over 30 years John Glenn has been a role model for us all the Loyola University School of Den- of his life to his true passion, the prac- his life, serving with great distinction in tistry. In 1968, Dr. Copping joined the tice of law. In 1995 Max was elected to World War II as a Marine combat flier on 59 faculty of the newly created LSU the Illinois Senior Hall of Fame, and he missions. He has been decorated with 20 met- School of Dentistry as an associate volunteers part-time at the Memorial als, including six Distinguished Flying professor and, six years later, he was Medical Center in Springfield. On the Crosses and the Congressional Space Medal appointed the second dean of the LSU side, he is a management consultant of Honor. He married his childhood sweetheart in School of Dentistry. and writes for the Journal-Register. As dean, Dr. Copping’s leadership I believe Max’s life experiences in- 1943 and has two children and two grandsons. Glenn will retire in January 1999 after ability and his vision quickly caught spired him to pay tribute to John serving as a U.S. Senator from his home the eye of the LSU Board of Super- Glenn, a man whom he respects so State of Ohio for 24 years. He has proven it visors, which chose him to head the much, and a man who will keep with- is possible to be a happy and devoted family LSU Medical Center as Chancellor in standing the test of time, much like man in spite of living for so many years with 1974, a position he held with distinction himself. John Glenn, one of his all-time fame and in the spotlight of Washington, DC. for the next eleven years. During his heroes and someone I have had the I hope every American is as proud and years at the helm of the Medical Cen- honor to serve with in the Senate, is an thrilled as I was as John Glenn and his six ter, Dr. Copping helped initiate a re- inspiration to so many people in so companions headed off into space on their historic mission. John Glenn’s return to markable expansion in both the cur- many ways. To some he is a husband, a space is important to all us senior citizens ricular offerings and in the physical fa- father, a grandfather, an astronaut, a and to people over 50 years young, who will cilities at the Center. United States Senator, or a Presi- soon join our rapidly growing senior group. On March 18, 1985, Allen Copping be- dential candidate, but to all of us he is He is verifying that we are not ‘‘over the came the third president of the LSU hill’’ and that with proper physical, emo- a true American hero. System and the fifteenth LSU presi- Mr. President, I ask that the full text tional and mental activity, we still have dent, a job that entailed the leadership of Max Rowe’s article, ‘‘Glenn is a hero many satisfying and useful years to live. and supervision of the eight campuses for the ages,’’ be printed in the RECORD. Before heading into space, Glenn spent The article follows: over 500 hours in rigorous physical training in the system and management of an to prepare himself for his very demanding annual budget of over two billion dol- [From the Springfield Journal-Register, Nov. space journey. Those of you who have been 8, 1998] lars. reading my earlier columns will remember During his tenure as LSU president, GLENN IS A HERO FOR THE AGES that one of my recommendations for living Dr. Copping guided the system through (By Max Rowe) to age 104 is regular, vigorous exercise. For some very challenging years, high- One of my all-time heroes is former and most of us seniors, a 30-minute daily brisk present astronaut John Glenn, who is now 77 walk will do wonders for our health and hap- lighted by the development of the years old and has just completed a mission piness. world-renowned Pennington Bio- with six other astronauts on the space shut- The worldwide interest in this spaceflight medical Research Center at Baton tle discovery. will do much to heighten interest in space Rouge and the addition of the Health

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5237 Care Services Division of the LSU Med- exuberance and passion of a young na- undercount was 2.7 percent; New Mexi- ical Center. tion dedicated to freedom lifted the co’s was 3.1 percent; Texas’ 2.8 percent; Throughout his years at the helm of spirits of the Greek patriots, and re- and Arizona’s 2.4 percent, just to name the LSU System, Dr. Copping enjoyed a minded them of their long-standing a few. well-deserved reputation as a man of democratic legacy. According to the GAO, 22 of the 25 extraordinary loyalty, honesty, com- As we enter the next century, it is large formula grant programs use cen- passion and sincerity who is unalter- appropriate that we retrace our com- sus data as part of their allocation for- ably devoted to public education and mon struggle to build societies based mula. Those funds are used for our the well being of his native state of on individual rights, equality and the schools, health care facilities, and Louisiana. rule of law. During World War I, our transit systems. California was the Mr. President, on behalf of the citi- nations forged a steadfast alliance to most harmed because of the 1990 census zens of my state, I wish to congratu- maintain peace in the Balkans. During undercount, losing nearly 2.2 billion in late Allen Copping on a well-deserved the Second World War, Greeks hero- federal funds, or 2,660 per person retirement and offer my profound grat- ically resisted the brutal Nazi regime, missed. itude for the leadership that he has defeated Mussolini’s troops, and con- In 1998 alone, California lost 198 mil- provided the LSU System over the past tributed in no small part to the allied lion in federal funds for Medicaid; 9.4 fourteen years. He will be missed, but I victory over the Axis Powers. At the million for foster care; 3.2 million for know that I and other public officials Cold War’s inception, President Tru- Social Security; 1.9 million for child will continue to benefit from his wis- man and the American people com- care and development; and 1.1 million dom and his commitment to providing mitted to helping Greece rebuild their for vocational training. Millions more a quality education that meets the war-ravaged nation through the Mar- in federal dollars for adoption assist- needs of our country’s most precious shall Plan. Greece continues to play an ance, prevention and treatment of sub- commodity—our young people. I wish important role as a valued member of stance abuse, highway planning and Allen and Betty and their family all the international community within construction, and other programs did the best in this next and very exciting NATO and the European Union. not flow to California because of the phase of their lives.∑ Today, as one of the few stable de- inaccurate census. mocracies in its region, Greece has f Other states also suffer: Texas lost played a stabilizing role throughout almost 1 billion because of the 1990 GREEK INDEPENDENCE DAY the Balkans and is helping its neigh- undercount, and Arizona, Florida, ∑ Mr. SARBANES. Mr. President, it bors progress toward greater political Georgia, and Louisiana each lost over gives me great pleasure to rise in ob- and economic security. Greek eco- $100 million. servance of Greece’s 178th anniversary nomic modernization, along with its Moreover, all areas and groups are of National Independence. Today, we status as a member of the European not undercounted at the same rate, and are here to pay tribute to Greek and Union, allow Greece to act as a model some members of our society are more American democracy, and to our for and play a constructive role in the likely to be missed than others. Ac- shared commitment to peace and sta- economic well being of its neighbors. cording to the GAO, 5.7 percent of Afri- bility in the Balkans and Eastern Med- Mr. President, the new millennium can-Americans were not counted in the promises an even stronger Greek- iterranean. 1990 Census. Nor were 5 percent of American relationship and further co- On March 25, 1821, the Greek people Latinos and 4.5 percent of Native operation in the areas of our mutual initiated their victorious pursuit of lib- Americans. Of the 835,000 people under- interests. Through ties of blood and af- erty from four centuries of oppressive counted in California, most were mi- fection, as well as shared political Ottoman rule. After nearly ten years of norities. Nearly half the net goals and philosophical ideals, Greece struggle against overwhelming odds, undercount—47 percent—were His- has retained a special relationship with the Greeks accomplished this historic panic. Twenty-two percent were Afri- the United States. Therefore, on this request, reaffirming their commitment can-American and 8 percent were important occasion, it is fitting that to the individual freedoms that are at Asian. we remember this historical legacy and the heart of the Greek tradition. Such differences in census coverage rededicate ourselves to the principles From the beginning of their revolu- introduce inequities in political rep- which inspired the free and democratic tion, the Greeks had the support, emo- resentation and in the distribution of peoples of America and Greece.∑ tional and material, from a people who federal funds. Because Hispanics, Afri- had recently gained freedom for them- f can-Americans, and other minority selves: the Americans. Looking back at CENSUS groups had a larger undercount than their triumphant march toward lib- ∑ Mrs. FEINSTEIN. Mr. President, I whites in the 1990 Census—as in prior erty, the American people followed was troubled by a recent report in Roll censuses—minorities and the commu- with affinity the Greek pursuit for na- Call which details a plan by House Re- nities in which they live have been dis- tional independence. Since then, our publicans to devise a media campaign advantaged in government programs in two nations have remained firmly to support their efforts to shut down which population is an important fac- united by a shared commitment to the government in order to restrict tor in fund allocation. democratic principles. These ties were census sampling. I ask that this article This is an issue of basic fairness. reinforced by thousands of Greeks who be printed in the RECORD at the end of Every American should be counted. came to America for greater economic my statement. And unless we can provide the Census opportunity. These immigrants and Mr. President, the census is a critical Bureau with our support for an accu- their descendants continue to make issue for my State and for the nation. rate census, and do so without any po- their own important and unique con- The census count determines how near- litical intervention, then we run the tributions to America’s economic and ly 200 billion of federal funds are allo- risk of doing a grave injustice to our political strength. cated. An inaccurate count means that citizens. As a nation whose founders were ar- these federal funds are misallocated. Since the failed 1990 population dent students of the classics, America According to a recent study by the count, the Census Bureau has worked has drawn its political convictions nonpartisan General Accounting Office, with experts to design a more accurate from the ancient Greek ideals of lib- the 1990 census undercounted the census for 2000. The National Academy erty and citizenship. And just as Amer- United States population by about 4 of Sciences, in three separate reports, ica looked to the Greeks for inspira- million people—or approximately 1.6 concluded that the key to improving tion, Greek patriots looked to the percent of the entire population. accuracy in the census is the use of American Revolution for strength in Many states had undercounts above sound statistical methods to count the face of their own adversity. The the national average. California’s those missed during the conventional

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 5238 CONGRESSIONAL RECORD—SENATE March 23, 1999 ‘‘head count.’’ This involves detailed Following the court’s ruling, Census Bu- While talk of a government shutdown may ‘‘statistical sampling’’ to determine reau Director Kenneth Prewitt said the Clin- be hyperbole by both sides, the political pos- the characteristics of those who are ton administration will seek an increased turing underscores how contentious the up- missed by the head count. level of funding to conduct two counts—one coming budget debate will be. using the GOP-backed practice of trying to But for partisan reasons, some in Last Congress, Republican and Democratic count every American, the other using the leaders ended months of bickering over the Congress evidently prefer to ignore the Clinton-endorsed sampling. census by delaying a final decision until expert advice and plan to shut down Meanwhile, Democrats are trying to amend after the election. They passed a six-month part of the government rather than see the Census Act to allow sampling for re- funding bill and agreed to tackle the tricky an accurate count. They argue that apportionment, and Republicans will try to topic when the pressure of impending elec- sampling is unnecessary. Unfortu- place language in the spending bill that tions subsided and the Supreme Court had nately, during the Census 2000 Dress would restrict funding for any sampling ruled on a legal challenge to the sampling practices associated with the census. plan. Rehearsal the undercount was 6.5 per- The GOP plan, according to informed cent for Sacramento, California; 3.1 The six-month funding bill expires in June, sources, likely will include a media cam- but HASTERT wants appropriators to start percent for the Menominee Indian Res- paign against Clinton’s plan, which most work soon, likely early next month, to pro- ervation in Wisconsin; and 9.1 percent House Democrats support. vide leadership with as much as time as pos- for the entire state of South Carolina. It will also include a lobbying campaign to sible to avert a shutdown. convince Republican Members to stand up to The magnitude of such undercounts In the meantime, Paxon is working with Clinton if he threatens to shut down the gov- and the implications for the 2000 Cen- several Members and strategists to develop a ernment to scare off opposition. sus that fails to correct the problem ‘‘Everybody knows this is ’do or die’ for plan to win the public relations war over the are particularly great for states with the party,’’ said one GOP official familiar census. large and diverse populations, such as with the nascent strategy. ‘‘We’re not going Besides Davis, Mahe and Paxon, House Ad- Florida, Texas, Arizona, New York, to back down on this.’’ ministration Chairman BILL THOMAS (R– California and many others. That spending plan will include a provision Calif.); Rep. DAN MILLER (R–Fla.), chairman preventing the bureau from using statistical of the Government Reform subcommittee on The Supreme Court has affirmed that the census; and two GOP strategists, Bill sampling is required for purposes other sampling, which Hastert and Paxon fear will cost Republicans dozens of House seats in Greener and Chuck Greener, are intimately than apportionment if ‘feasible’. the new millennium. involved in the strategizing, sources said. The census should not be about poli- ‘‘The Speaker and virtually every GOP Paxon’s team is considering a paid media tics. And Mr. President, I will oppose leader believe no single vote will have great- campaign to educate voters on the census any efforts to include any restrictions er ramifications on the future of the Repub- issue in the weeks leading up to a final vote on the ability of the Bureau of the Cen- lican majority than the vote to block Presi- on legislation and a variety of communica- sus to conduct the most accurate cen- dent Clinton from changing the way we con- tions ideas to prevent the PR debacle in the sus possible. Anything else would sim- duct the census,’’ said one Hastert confidant. wake of the 1995 government shutdown, the But Democrats understand that if Clinton sources said. ply be unfair. backs down, Republicans’ chances of retain- GOP leaders have not decided who will run The article follows: ing their majority will increase. the media campaign or who will pay for it. GOP GIRDS FOR CENSUS BATTLE FIRST TO HOLD He won’t capitulate to GOP demands, ac- In the meantime, HASTERT plans to hand JOB, HE’S LEAVING FOR PRIVATE SECTOR cording to senior Democratic leadership more money to Miller and his census sub- (By Jim VandeHei and John Mercurio) sources. committee to conduct an oversight inves- ‘‘They have never shown any weakness and tigation into how the administration is re- Fearing the loss of two dozen House seats I don’t know why they would,’’ said a top if his party blinks, Speaker Dennis Hastert acting to the Supreme Court decision on Democratic adviser, who insisted White sampling. (R–Ill.) has tapped former National Repub- House officials will shut down the govern- lican Congressional Committee Chairman He also plans to educate Members on the ment if Republicans refuse to back down. topic and lobby them to support the leader- Bill Paxon (N.Y.) to prepare GOP troops for Democrats said the Republican moves ship’s position. a budget fight over the 2000 Census that show they are preparing to allow this battle could provoke a partial government shut- to result in a shutdown. A government shut- Davis said GOP leaders don’t anticipate down. down in 1995 caused their party’s support to more than one Republican defecting, though At Hastert’s request, Paxon huddled this plummet and ultimately led to a more con- both SHAYS and MORELLA remain opposed to week with NRCC Chairman Tom Davis (Va.), ciliatory tone among House GOP leaders. leadership’s position, according to their Republican media strategist Eddie Mahe and ‘‘They weren’t able to convince the Amer- spokesmen. ‘‘And we’ll pick up some Demo- others to help devise a coordinated strategy ican people to believe they were justified in crats,’’ he said, though he refused to list any to block President Clinton’s plan to use sam- doing that in 1995, and I don’t see how they possibilities. pling in the 2000 Census. would be able to do so in 1999,’’ said Rep. ‘‘I am one of a group of people trying to HENRY WAXMAN (D–Calif.), the ranking mem- f figure out how to keep Mr. Bill Clinton from ber of the Government Reform Committee. imposing his political calculations on the ‘‘If they do make it a partisan issue and census,’’ Mahe said in an interview. close down three departments of govern- THE CALENDAR The impending battle will erupt in earnest ment, they’re going to need to spend a lot of Mr. CRAIG. Madam President, I ask next month when GOP leaders begin working money to try to convince people they’re not unanimous consent that the Senate on the funding bill for Commerce, Justice, being partisan again,’’ Waxman said. ‘‘And I State, the judiciary and related agencies. now proceed to the consideration, en don’t think they’re going to succeed.’’ bloc, of the following bills reported by During last year’s budget negotiations, Re- Rep. CAROLYN MALONEY (D–N.Y.), the rank- publicans and Clinton agreed to put off final ing member of the Government Reform sub- the Environment and Public Works decisions on whether to fund the use of sam- committee on the census, said Democrats Committee: Calendar No. 53, S. 67; Cal- pling until this June, when the results of the can turn back the Republican budget pro- endar No. 56, S. 437; Calendar No. 57, S. Census Bureau’s dress rehearsals would be posal by appealing to ‘‘at least 10 Repub- 453; Calendar No. 58, S. 460; Calendar available and the Supreme Court would have licans’’ to support sampling. So far, only No. 59, H.R. 92; Calendar No. 60, H.R. ruled on a much-anticipated legal challenge three Republicans—Reps. CONNIE MORELLA 158; Calendar No. 61, H.R. 233; and Cal- to sampling. (Md.), CHRISTOPHER SHAYS (Conn.) and NANCY endar No. 62, H.R. 396. The budget fight follows the High Court’s JOHNSON (Conn.)—have sided with Democrats decision in late January that the bureau’s in the sampling battle. I further ask unanimous consent that plan to use sampling in the decennial for re- ‘‘I truly believe there are at least 10 Re- the bills be considered read a third apportionment of House seats violates the publicans who truly care about their con- time and passed, the motions to recon- Census Act. stituents and their country who would not sider be laid upon the table, and that But according to pro-sampling Democrats’ go along with this.’’ any statements relating to any of these interpretation of Justice Sandra Day O’Con- But MALONEY said the GOP media plan bills be printed at the appropriate nor’s majority opinion, the federal govern- ‘‘wouldn’t surprise me. The Republican ma- place in the RECORD, with the above oc- ment can, ‘‘if feasible,’’ use sampling for the chine has been focussing like a laser beam on very different purpose of redistricting, or the this subject in their attempts to make sure curring en bloc. redrawing of House district boundary lines, that blacks, Hispanics and Asians are not The PRESIDING OFFICER. Without within each state. counted. It’s wrong, and they should stop.’’ objection, it is so ordered.

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5239 ROBERT C. WEAVER FEDERAL Bob Weaver died in July 1997, at his ver to find the other black advisers and pre- BUILDING home in New York City. When he died, pare a speech that would appeal to blacks for the President to deliver the following week. The bill (S. 67) to designate the head- America—and Washington, in particular (for he was a native Washing- Dr. Weaver said he doubted that he could quarters building of the Department of find anyone in the middle of the night, even Housing and Urban Development in tonian)—lost one of its innovators, one though most of the others in the ‘‘Black Cab- Washington, District of Columbia, as of its true leaders. I was privileged to inet’’ had been playing poker in his base- the ‘‘Robert C. Weaver Federal Build- know him as a friend. He will be missed ment when the phone rang. ‘‘And anyway,’’ ing,’’ was considered, ordered to be en- but properly memorialized, I think, if he said, ‘‘I don’t think a mere speech will do grossed for a third reading, read the we can get this legislation to name the it. What we need right now is something so HUD building after him to President dramatic that it will make the Negro voters third time, and passed; as follows: forget all about Steve Early and the Negro S. 67 Clinton for his signature. I wish to thank Senators BOXER, cop too.’’ Be it enacted by the Senate and House of Rep- Within 48 hours, Benjamin O. Davis Sr. was DURBIN, GRAHAM, HOLLINGS, KENNEDY, resentatives of the United States of America in the first black general in the Army; William Congress assembled, KERRY, ROBB, SARBANES, and SCHUMER, H. Hastie was the first black civilian aide to SECTION 1. DESIGNATION OF ROBERT C. WEAVER for cosponsoring S. 67, and I wish to the Secretary of War, and Campbell C. John- FEDERAL BUILDING. thank the majority and minority lead- son was the first high-ranking black aide to In honor of the first Secretary of Housing ers for scheduling its expeditious pas- the head of the Selective Service. and Urban Development, the headquarters sage. Robert Clifton Weaver was born on Dec. 29, building of the Department of Housing and Madam President, I ask unanimous 1907, in Washington. His father was a postal Urban Development located at 451 Seventh consent that my statement, a July 21, worker and his mother—who he said influ- Street, SW., in Washington, District of Co- 1997 editorial in the Washington Post, enced his intellectual development—was the lumbia, shall be known and designated as the daughter of the first black person to grad- ‘‘Robert C. Weaver Federal Building’’. and a July 19, 1997 obituary from the uate from Harvard with a degree in den- Any reference in a law, map, regulation, New York Times be printed in the tistry. When Dr. Weaver joined the Kennedy document, paper, or other record of the RECORD. Administration, whose Harvard connections United States to the building referred to in There being no objection, the mate- extended to the occupant of the Oval Office, section 1 shall be deemed to be a reference to rial was ordered to be printed in the he held more Harvard degrees—three, includ- the ‘‘Robert C. Weaver Federal Building’’. RECORD, as follows: ing a doctorate in economics—than anyone Mr. MOYNIHAN. Madam President, [From The New York Times, July 19, 1997] else in the administration’s upper ranks. In 1960, after serving as the New York it is fitting that we have passed this ROBERT C. WEAVER, 89, FIRST BLACK CABINET State Rent Commissioner, Dr. Weaver be- legislation to name the Department of MEMBER, DIES came the national chairman of the National (By James Barron) Housing and Urban Affairs (HUD) Association for the Advancement of Colored Washington, D.C. headquarters after Dr. Robert C. Weaver, the first Secretary People, and President Kennedy sought Dr. Dr. Robert C. Weaver, adviser to three of Housing and Urban Development and the Weaver’s advice on civil rights. The fol- Presidents, national chairman of the first black person appointed to the Cabinet, lowing year, the President appointed him ad- NAACP, and the first African-Amer- died on Thursday at his home in Manhattan. ministrator of the Housing and Home Fi- He was 89. ican Cabinet Secretary. nance Agency, a loose combination of agen- Dr. Weaver was also one of the original di- cies that included the bureaucratic compo- In 1961, President Kennedy appointed rectors of the Municipal Assistance Corpora- Dr. Weaver to head the Housing and nents of what would eventually become tion, which was formed to rescue New York H.U.D., including the Federal Housing Ad- Home Finance Agency, the precursor City from financial crisis in the 1970’s. ministration to spur construction, the Urban ‘‘He was catalyst with the Kennedys and to the Department of Housing and Renewal Administration to oversee slum then with Johnson, forging new initiatives in Urban Development. In 1966, when clearance and the Federal National Mort- housing and education,’’ said Walter E. President Johnson elevated the agency gage Association to line up money for new Washington, the first elected Mayor of the housing. to Cabinet rank, he chose Dr. Weaver nation’s capital. to head the department. Bob Weaver A portly, pedagogical man who wrote four President Kennedy tried to have the agen- was, in Johnson’s phrase, ‘‘the man for books on urban affairs, Dr. Weaver had made cy raised to Cabinet rank, but Congress the job.’’ He thus became its first Sec- a name for himself in the 1930’s and 40’s as an balked. Southerners led an attack against the appointment of a black to the Cabinet, retary, and the first African-American expert behind-the-scenes strategist in the civil rights movement, ‘‘Fight hard and le- and there were charges that Dr. Weaver was to head a Cabinet agency. an extremist. Kennedy abandoned the idea of Dr. Weaver began his career in gov- gally,’’ he said, ‘‘and don’t blow your top.’’ As a part of the ‘‘Black Cabinet’’ in the ad- creating an urban affairs department. ernment service as part of President ministration of President Franklin D. Roo- Five years later, when President Johnson Franklin D. Roosevelt’s ‘‘Black Cabi- sevelt, Dr. Weaver was one of a group of revived the idea and pushed it through Con- net,’’ an informal advisory group pro- blacks who specialized in housing, education gress, Senators who had voted against Dr. moting Federal job and educational op- and employment. After being hired as race Weaver the first time around voted for him. portunities for blacks. The Washington relations advisers in various Federal agen- Past Federal housing programs had largely dealt with bricks-and-mortar policies. Dr. Post called this work—‘‘the disman- cies, they pressured and persuaded the White House to provide more jobs, better edu- Weaver said Washington needed to take a tling of a deeply entrenched system of more philosophical approach. ‘‘Creative fed- racial segregation in America’’—his cational opportunities and equal rights. Dr. Weaver began in 1933 as an aide to Inte- eralism stresses local initiative, local solu- greatest legacy. Indeed it was. rior Secretary Harold L. Ickes. He later tions to local problems,’’ he said. Bob Weaver was my friend, dating served as a special assistant in the housing But, he added, ‘‘where the obvious needs back more than 40 years to our service division of the Works Progress Administra- for action to meet an urban problem are not together in the administration of New tion, the National Defense Advisory Commis- being fulfilled, the Federal government has a York Governor Averell Harriman. Dr. sion, the War Production Board and the War responsibility at least to generate a thor- Weaver was appointed Deputy Commis- Manpower Commission. ough awareness of the problem.’’ Dr. Weaver, who said that ‘‘you cannot sioner of Housing for New York State Shortly before the 1940 election, he devised a strategy that defused anger among blacks have physical renewal without human rein 1955, and later became State Rent about Stephen T. Early, President Roo- newal,’’ pushed for better-looking public Administrator with Cabinet rank. It sevelt’s press secretary. housing by offering awards for design. He was during these years, working for Arriving at Pennsylvania Station in New also increased the amount of money for Governor Harriman, that I first met York, Early lost his temper when a line of small businesses displaced by urban renewal Bob; I was Assistant to the Secretary police officers blocked his way. Early and revived the long-dormant idea of Federal to the Governor and later, Acting Sec- knocked one of the officers, who happened to rent subsidies for the elderly. retary. Our friendship and collabora- be black, to the ground. As word of the inci- Later in his life, he was a professor of urban affairs at Hunter College, was a mem- tion continued through the Kennedy dent spread, a White House adviser put through a telephone call to Dr. Weaver in ber of the Visiting Committee at the School and Johnson administrations. Later, he Washington. of Urban and Public Affairs at Carnegie-Mel- and I served together on the Pennsyl- The aide, worried that the incident would lon University and held visiting professor- vania Avenue Commission. cost Roosevelt the black vote, told Dr. Wea- ships at Columbia Teachers’ College and the

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 5240 CONGRESSIONAL RECORD—SENATE March 23, 1999 New York University School of Education. S. 437 HIRAM H. WARD FEDERAL BUILD- He also served as a consultant to the Ford Be it enacted by the Senate and House of Rep- ING AND UNITED STATES Foundation and was the president of Baruch resentatives of the United States of America in COURTHOUSE College in Manhattan in 1969. Congress assembled, His wife, Ella, died in 1991. Their son, Rob- The bill (H.R. 92) to designate the SECTION 1. DESIGNATION OF LLOYD D. GEORGE ert Jr., died in 1962. UNITED STATES COURTHOUSE. Federal building and United States The United States courthouse under con- courthouse located at 251 North Main [From The Washington Post, July 21, 1997] struction at 333 Las Vegas Boulevard South street in Winston-Salem, North Caro- ROBERT C. WEAVER in Las Vegas, Nevada, shall be known and lina, as the ‘‘Hiram H. Ward Federal Native Washingtonian Robert C. Weaver, designated as the ‘‘Lloyd D. George United Building and United States Court- who died on Thursday in New York City at States Courthouse’’. house,’’ was considered, ordered to a age 89, had a life of many firsts. Dr. Weaver SEC. 2. REFERENCES. third reading, read the third time, and served as a college president, Cabinet sec- Any reference in a law, map, regulation, passed. retary, presidential adviser, chairman of the document, paper, or other record of the National Association for the Advancement of United States to the United States court- f Colored People and as a director of the Mu- house referred to in section 1 shall be deemed JAMES F. BATTIN FEDERAL nicipal Assistance Corp., which helped save to be a reference to the ‘‘Lloyd D. George COURTHOUSE New York City from financial catastrophe. United States Courthouse’’. But his greatest legacy may be the work he f The bill (H.R. 158) to designate the did, largely out of public view, to dismantle Federal Courthouse located at 316 a deeply entrenched system of racial seg- HURFF A. SAUNDERS FEDERAL North 26th Street in Billings, Montana, regation in America. BUILDING as the ‘‘James F. Battin Federal Court- Before the landmark decade of civil rights house,’’ was considered, ordered to a advances in the 1960s, Dr. Weaver was one of The bill (S. 453) to designate the Fed- a small group of African American officials eral building located at 709 West 9th third reading, read the third time, and in the New Deal era who, as part of the Street in Juneau, Alaska, as the ‘‘Hurff passed. ‘‘Black Cabinet’’ pressured President Frank- A. Saunders Federal Building,’’ was f lin D. Roosevelt to strike down racial bar- considered, ordered to be engrossed for riers in government employment, housing a third reading, read the third time, RICHARD C. WHITE FEDERAL and education. It was a long way to come for and passed; as follows: BUILDING the Dunbar High School graduate who ran The bill (H.R. 233) to designate the into racial discrimination in the 1920s when S. 453 he tried to join a union fresh out of high Be it enacted by the Senate and House of Rep- Federal building located at 700 East school. Embittered by that experience, Bob resentatives of the United States of America in San Antonio Street in El Paso, Texas, Weaver went on to Harvard (in the footsteps Congress assembled, as the ‘‘Richard C. White Federal of his grandfather, the first African Amer- SECTION 1. DESIGNATION OF HURFF A. SAUN- Building,’’ was considered, ordered to a ican Harvard graduate in dentistry) to earn DERS FEDERAL BUILDING. third reading, read the third time, and his bachelor’s, master’s and doctorate in eco- The Federal Building located at 709 West passed. nomics. At another time in America, his uni- 9th Street In Juneau, Alaska, shall be known versity degrees might have led to another ca- and designated as the ‘‘Hurff A. Saunders f reer path. For Bob Weaver in 1932, however, Federal Building’’. RONALD V. DELLUMS FEDERAL those credentials—and his earlier job as a SEC. 2. REFERENCES. BUILDING college professor—made him an ‘‘associate Any reference in a law, map, regulation, advisor on Negro affairs’’ in the U.S. Depart- document, paper, or other record of the The bill (H.R. 396) to designate the ment of the Interior. United States to the Federal building re- Federal building located at 1301 Clay Subsequent work as an educator, econo- ferred to in section 1 shall be deemed to be Street in Oakland, California, as the mist and national housing expert—and be- a reference to the ‘‘Hurff A. Saunders Fed- ‘‘Ronald V. Dellums Federal Building,’’ hind-the-scenes recruitment of scores of Af- eral Building’’. was considered, ordered to a third read- rican Americans for public service—led to f his appointment as New York State rent ad- ing, read the third time, and passed. ministrator, making him the first African ROBERT K. RODIBAUGH UNITED f American with state cabinet rank. President STATES BANKRUPTCY COURT- REFERRAL OF S. CON. RES. 1 John F. Kennedy appointed him to the high- HOUSE est federal post ever occupied by an African Mr. CRAIG. Madam President, I ask American—the Housing and Home Finance The bill (S. 460) to designate the unanimous consent that Senate con- Agency. Despite the president’s support, United States courthouse located at 401 current resolution 1 be discharged from however, the HHFA never made it to Cabinet South Michigan Street in South Bend, the Committee on Health, Education, status, because Dr. Weaver was its adminis- Indiana, as the ‘‘Robert K. Rodibaugh trator and southern legislators rebelled at Labor, and Pensions and referred to the United States Bankruptcy Court- Committee on Foreign Relations. the thought of a black secretary. Years later house,’’ was considered, ordered to be President Lyndon Johnson pushed through The PRESIDING OFFICER. Without the Department of Housing and Urban Devel- engrossed for a third time, and passed; objection, it is so ordered. opment and named Robert Weaver to the as follows: f presidential Cabinet. S. 460 For the nation, and Robert Weaver, the ap- Be it enacted by the Senate and House of Rep- CONGRATULATING THE GOVERN- pointment was another important first. For resentatives of the United States of America in MENT AND THE PEOPLE OF EL many other African Americans who found Congress assembled, SALVADOR ON SUCCESSFULLY lower barriers and increased opportunity in SECTION 1. DESIGNATION OF ROBERT K. COMPLETING FREE AND DEMO- the last third of the 20th century, Robert RODIBAUGH UNITED STATES BANK- CRATIC ELECTIONS Weaver’s legacy is lasting. RUPTCY COURTHOUSE. f The United States courthouse located at Mr. CRAIG. Madam President, I ask 401 South Michigan Street in South Bend, In- unanimous consent that the Senate LLOYD D. GEORGE UNITED diana, shall be known and designated as the now proceed to the immediate consid- STATES COURTHOUSE ‘‘Robert K. Rodibaugh United States Bank- eration of S. Res. 73, which was re- The bill (S. 437) to designate the ruptcy Courthouse’’. ported by the Foreign Relations Com- United States courthouse under con- SEC. 2. REFERENCES. mittee. struction at 338 Las Vegas Boulevard Any reference in a law, map, regulation, The PRESIDING OFFICER. The South in Las Vegas, Nevada, as the document, paper, or other record of the clerk will report. United States to the United States court- ‘‘Lloyd D. George United States Court- house referred to in section 1 shall be deemed The assistant legislative clerk read house,’’ was considered, ordered to be to be a reference to the ‘‘Robert K. as follows: engrossed for a third reading, read the Rodibaugh United States Bankruptcy Court- A resolution (S. Res. 73) congratulating the third time, and passed; as follows: house’’. Government and the people of the Republic

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 March 23, 1999 CONGRESSIONAL RECORD—SENATE 5241 of El Salvador on successfully completing ORDERS FOR WEDNESDAY, MARCH about a very significant historical free and democratic elections on March 7, 24, 1999 precedent which was established to- 1999. Mr. CRAIG. Madam President, I ask night. The Senate of the United States There being no objection, the Senate unanimous consent that when the Sen- took up its constitutional responsi- proceeded to consider the resolution. ate completes its business today, it bility to make a decision as to whether Congressional authority would be given Mr. CRAIG. Madam President, I ask stand in adjournment until 9:30 a.m. on Wednesday, March 24. I further ask for the United States to commit an act unanimous consent that the resolution of war in Kosovo following a request by unanimous consent that on Wednesday, be agreed to, the preamble be agreed the President of the United States for immediately following the prayer, the to, the motion to reconsider be laid such a vote. upon the table, and that any state- Journal of the proceedings be approved In modern times, we have seen the ments relating to the resolution be to date, the morning hour be deemed to erosion of the congressional authority printed at the appropriate place in the have expired, and the time for the two to declare war. Tonight in the Senate, RECORD. leaders be reserved, and the Senate we reaffirmed the basic constitutional then begin consideration of S. Con. responsibility and authority of the The PRESIDING OFFICER. Without Res. 20, the budget resolution. objection, it is so ordered. Congress on that very subject, after The PRESIDING OFFICER. Without the President had made a significant The resolution (S. Res. 73) was agreed objection, it is so ordered. request for authorization to use force. to. f This action tonight follows the situa- The preamble was agreed to. tion in January of 1991 when the Con- PROGRAM The resolution, with its preamble, gress of the United States authorized Mr. CRAIG. Madam President, to- reads as follows: the use of force in the Persian Gulf fol- morrow morning the Senate will begin lowing a similar request by President S. RES. 73 consideration of the first concurrent Bush. I believe that this is of great im- Whereas on March 7, 1999, the Republic of budget resolution. Under the order, portance historically as a precedent, to El Salvador successfully completed its sec- there will be 35 hours for consideration guide the future Presidents, that their ond democratic multiparty elections for of the resolution. Any Senator intend- authority as Commander in Chief does President and Vice President since the signing to offer an amendment or amend- not extend to involving the United ing of the 1992 peace accords; ments to the resolution should notify States in war. Where acts of war are in- Whereas these elections were deemed by the managers to allow for an orderly international and domestic observers to be volved, it is a matter for the Congress free and fair and a legitimate nonviolent ex- process for the consideration of this of the United States and not the uni- pression of the will of the people of the Re- measure. Rollcall votes can be ex- lateral action of the President of the public of El Salvador; pected throughout the day on Wednes- United States. Whereas the United States has consist- day, and all Senators should anticipate On the merits of this evening’s vote, ently supported the efforts of the people of busy sessions for the remainder of the it was a very difficult vote. It was the El Salvador to consolidate their democracy week as we approach the Easter recess. choice of two very undesirable alter- and to implement the provisions of the 1992 natives. In voting aye and supporting f peace accords; the use of force, I chose what I consid- Whereas these elections demonstrate the ORDER FOR ADJOURNMENT ered to be the lesser of the undesirable strength and diversity of El Salvador’s democratic expression and promote con- Mr. CRAIG. If there is no further alternatives. fidence that all political parties can work business to come before the Senate, I The President in his letter today said cooperatively at every level of government; now ask unanimous consent that the that the United States national inter- and Senate stand in adjournment under the ests are clear and significant. I dis- Whereas these open, fair, and democratic previous order, following the remarks agree with that conclusion by the elections of the new President and Vice of the Senator from Louisiana, Senator President. President should be broadly commended: The President then went on in his LANDRIEU. Now, therefore, be it letter to amplify those national inter- The PRESIDING OFFICER. Is there ests. Yet the absence of a very strong Resolved, That the Senate— objection? (1) congratulates the Government and the purpose and reason underscores my Mr. SPECTER. Reserving the right people of the Republic of El Salvador for the conclusion that this is an extremely to object, I ask that I be added to the successful completion of democratic difficult question on U.S. national in- list of speakers for the evening. multiparty elections held on March 7, 1999, terests. The President’s letter con- for President and Vice President; Mr. CRAIG. I ask unanimous consent tinues, the first line of the second para- (2) congratulates President-elect Francisco that the senior Senator from Pennsyl- graph says, ‘‘The United States na- Guillermo Flores Perez and Vice President- vania be allowed to follow the Senator elect Carlos Quintanilla Schmidt on their re- tional interests are clear and signifi- from Louisiana, and that following his cant.’’ The second line says, ‘‘The on- cent victory and their continued strong com- remarks the Senate stand in adjourn- mitment to democracy, national reconcili- going effort by President Milosevic to ation, and reconstruction; ment. attack and repress the people of (3) congratulates El Salvadoran President The PRESIDING OFFICER. Is there Kosovo could ignite a wider European Armando Caldero´ n Sol for his personal com- objection? Without objection, it is so war with dangerous consequences to mitment to democracy, which has helped in ordered. the United States. This is a conflict the building of national unity in the Repub- The Senator from Louisiana is recog- with no natural boundaries. If it con- lic of El Salvador; nized. (4) commends all Salvadoran citizens and tinues it will push refugees across bor- (The remarks of Ms. LANDRIEU per- ders and draw into neighboring coun- political parties for their efforts to work to- taining to the introduction of S. 682 gether to take risks for democracy and to tries.’’ willfully pursue national reconciliation in are located in today’s RECORD under That is a statement of possibility, order to cement a lasting peace and to ‘‘Statements on Introduced Bills and but we know that this is intervention strengthen democratic traditions in El Sal- Joint Resolutions.’’) by NATO, including the United States, vador; The PRESIDING OFFICER. The Sen- in what is essentially a civil war. The (5) supports Salvadoran attempts to con- ator from Pennsylvania. President then went on in the second tinue their cooperation in order to ensure de- paragraph to say, ‘‘NATO has author- mocracy, national reconciliation, and eco- f ized airstrikes against the former nomic prosperity; and KOSOVO (6) reaffirms that the United States is un- Yugoslavia to prevent a humanitarian equivocally committed to encouraging de- Mr. SPECTER. Mr. President, I have catastrophe and to address the threat mocracy and peaceful development through- remained after the conclusion of the to peace and security of the Balkan re- out Central America. vote to comment about the vote and gion and Europe.’’

VerDate jul 14 2003 11:41 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\BR99\S23MR9.003 S23MR9 5242 CONGRESSIONAL RECORD—SENATE March 23, 1999 The President relies quite substan- dress the matter in the opening re- from West Virginia and to hear his tially upon the ‘‘humanitarian catas- marks on his press conference on Fri- comment where he had expressed to trophe’’, he may really be saying the day. the President today the view that the use of force for humanitarian purposes, I concurred with what the Senator President should not lean so heavily on and it may be that this standard is a from Delaware said yesterday—when Presidential prerogatives but should one which ought to be adopted. But I he and I debated or discussed the sub- ask the Congress of the United States do suggest that this may be a depar- ject for about a half hour—this was for authority to use force. The Presi- ture from what has previously been most appropriately a subject for a 30- dent has done so. recognized as U.S. policy to use force minute Presidential speech. The presi- Now we have a very significant prece- where there is a vital United States na- dent should lay out the issue in great dent which should be a clarion call to tional security interest. If we look for detail. There is a large concern on my future Presidents not to exercise their humanitarian catastrophes, we can part, and on the part of many others, authority as Commander in Chief and find them all around the world, and we that the American people are not real- unilaterally engage the United States have been criticized for not doing more ly prepared for the consequences as to in war. The President should take this at an earlier stage in Bosnia. We have what may occur in Kosovo. There have issue to the Congress of the United been criticized for not doing more in been forceful statements that the risks States and to the American people. The Rwanda. There have been many criti- are very, very high, and that the air President should do this at an early cisms leveled against the United States defenses in Serbia are very strong. time so the issue can be fully debated, and the civilized world for not inter- It is important that the American not on a short time limit, as we had vening on prior occasions. It may be people understand the substantial risks this evening. that with such a thin statement of involved so we do not retreat as we did It must be a source of some wonder- in Somalia. The way to guard against vital national interests, the authoriza- ment to people who were watching on that is to build up a public under- tion to use force in Kosovo really re- C–SPAN II to see such an important standing as to what the scenario is in flects a shifting standard. As the Presi- issue debated in such a brief period of Kosovo with as forceful an articulation dent articulates, ‘‘to prevent a human time with 2 minutes allotted to Sen- as possible, and I repeat, much more catastrophe.’’ ators to speak on the subject and 1 forceful than the President’s letter (Mr. BROWNBACK assumed the minute taken by the manager, the Sen- today. The President should articulate Chair.) ator from Delaware. There had been ex- Mr. SPECTER. Mr. President, several in great detail about the savagery of tensive debate yesterday, but we could weeks ago, I filed a resolution for the the assaults on people and the bru- have used even more time. Unfortu- use of airstrikes in Kosovo. This was tality and the ethnic cleansing which essentially a vehicle to move the Sen- has gone on in Kosovo. Those details, I nately, we were caught in the press ate of the United States to take up the think, are a concern to the American with the budget resolution, which is issue of the use of force, to debate it people but they have not been stated in first on the docket for tomorrow. and to decide the question. It has al- a way which really brings forth the I thank the Chair for setting this ways been my view, as expressed in 1991 magnitude of the human catastrophe in extra overtime. in the debate on the use of force in the Kosovo so the American people would I yield the floor. Persian Gulf and, before that in 1983, be willing to accept and undertake the where we debated the War Powers Act risks that are involved in this matter. f with respect to deployment of marines But all of that is prologue. Now we in Lebanon, that the constitutional have the authorization by the Senate ADJOURNMENT UNTIL 9:30 A.M. issue of Congress’ sole authority to de- for the use of force. On a very difficult TOMORROW question, I think it is the lesser of the clare war is of paramount importance. The PRESIDING OFFICER. Under I congratulate our leadership today undesirable alternatives, and featuring the previous order, the Senate stands for moving through a procedural mo- prominently is the desire of keeping in adjournment until 9:30 a.m. tomor- rass, where we had a cloture vote—that NATO intact. We seem to have more row. is, a vote to cut off debate—on the res- support from our European allies on olution pending by the Senator from this matter than at any time in the Thereupon, the Senate, at 8:49 p.m., adjourned until Wednesday, March 24, New Hampshire, Senator SMITH. After- past. Our precarious position on NATO wards, in consultation, this resolution has occurred because the administra- 1999, at 9:30 a.m. was crafted so the Senate could vote tion has moved us into a position with- f yes or no on this important issue. As out congressional authorization to an NOMINATIONS noted by others, we did have a bipar- executive commitment really, in ef- tisan vote of 58–41 in favor of the use of fect, to support the NATO decision to Executive nominations received by force, with some 17 Republicans joining use force in Kosovo. the Senate March 23, 1999: 41 Democrats, making a total of 58, and To that extent, so that we do not OCCUPATIONAL SAFETY AND HEALTH REVIEW 38 Republicans and 4 Democrats voting have a breach of making NATO look COMMISSION in the negative. There is a strong bi- bad and do not have a breach of mak- GARY L. VISSCHER, OF MARYLAND, TO BE A MEMBER partisan showing by these figures. ing the United States look bad, which OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION FOR A TERM EXPIRING APRIL 27, 2001, VICE It would have been vastly preferable, would in effect be a backdown, we are DANIEL GUTTMAN. Mr. President, had President Clinton in a sense backing into the issue. But IN THE ARMY taken this issue to the American peo- the more important aspect is the fact THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ple at a much earlier stage so the that the President did come to the Sen- IN THE UNITED STATES ARMY TO THE GRADE INDICATED American people could be aware of the ate. UNDER TITLE 10, U.S.C., SECTION 624: consequences of this very, very impor- I was interested in the discussion To be major general tant decision. The President did ad- with our distinguished senior Senator BRIG. GEN. ROBERT A. HARDING

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The House met at 9:30 a.m. and was Paul Barger concludes, ‘‘It is sad connected to Beijing and its military called to order by the Speaker pro tem- that so much attention is given to ambitions. pore (Mr. PETRI). issues of no real import while serious ‘‘Instead, Mr. Berger seems to be f matters of our national security and around whenever, in our opinion, Clin- America’s future are glossed over.’’ ton administration decisions are made DESIGNATION OF SPEAKER PRO Thus, the headline from the editorial, that favor People’s Republic of China TEMPORE ‘‘This Story Needs More Attention.’’ trade ties over American national secu- The SPEAKER pro tempore laid be- Among those who curiously seem to rity interests.’’ fore the House the following commu- want to adopt a public posture of Mr. Speaker, perhaps the most com- nication from the Speaker: glossing over or indeed gloating in a pelling indictment comes from one WASHINGTON, DC, sophomoric way about this trouble- Dick Morris, the President’s one-time March 23, 1999. some, threatening and dangerous story, top political advisor, and curiously a I hereby appoint the Honorable THOMAS E. among those sadly includes the person man whom the wire services often re- PETRI to act as Speaker pro tempore on this who is the President of the United ferred to as the disgraced Dick Morris day. States. back in the old days of 1996, when an il- J. DENNIS HASTERT, Speaker of the House of Representatives. At a radio and TV correspondents’ licit affair that violated one’s marriage dinner the other night, our own Presi- vows was something that brought dis- f dent joked that one of his favorite grace on a person rather than added to MORNING HOUR DEBATES movies this year was, quote, Leaving their public opinion polls. The SPEAKER pro tempore. Pursu- Los Alamos; humor as it is defined in Here is what Dick Morris writes in ant to the order of the House of Janu- the last days of the 20th century. It his column last week in The Hill. ary 19, 1999, the Chair will now recog- boggles the mind. Quoting now, ‘‘Sandy Berger is about nize Members from lists submitted by Other matters glossed over, the past as qualified to be national security ad- the majority and minority leaders for associations of the President’s national visor as I am. He’s a political operative morning hour debates. The Chair will security advisor. From yesterday’s who had virtually no foreign policy ex- alternate recognition between the par- Washington Times on the op-ed page, perience before he became Tony Lake’s ties, with each party limited to 30 min- Edward Timperlake and William C. deputy.’’ utes, and each Member, except the ma- Triplett, II, who coauthored the book Mr. Speaker, this story need not be jority leader, the minority leader, or the ‘‘Year of the Rat,’’ setting forth glossed over. The first constructive the minority whip, limited to 5 min- the ample evidence of Chinese involve- step is that Sandy Berger must go, and utes. ment in the Clinton-Gore reelection we must release the Cox Select Com- The Chair recognizes the gentleman campaign in 1996, I read from their op- mittee Report. from Arizona (Mr. HAYWORTH) for 5 ed piece, headlined ‘‘Leaks on Berger’s f minutes. Watch,’’ quoting now: ‘‘We believe STOP THE NUCLEAR REGULATORY f that, for the national interest, Presi- dent Clinton’s national security advi- COMMISSION FROM SENTENCING CHIEF WASHINGTON LOBBYIST sor Samuel Sandy Berger should resign SOUTHWEST TO NEARLY 300 FOR THE CHINESE GOVERN- immediately. YEARS OF RADIOACTIVE DRINK- MENT’S TRADE OFFICE, AN UN- ‘‘For the past 6 years, Mr. Berger has ING WATER FORTUNATE CHOICE FOR A NA- presided over a failed and ultimately The SPEAKER pro tempore. Under TIONAL SECURITY POSITION corrupt policy toward the Chinese mili- the Speaker’s announced policy of Jan- Mr. HAYWORTH. Mr. Speaker, I rise tary that betrays both the democratic uary 19, 1999, the gentleman from Cali- this morning to bring you news from standards of the American people and fornia (Mr. FILNER) is recognized dur- home. In my case home is the Sixth the national security of the United ing morning hour debates for 4 min- Congressional District of Arizona, a States. He is the classic example of the utes. district in square mileage almost the wrong person in the wrong job at the Mr. FILNER. Mr. Speaker, I rise size of the Commonwealth of Pennsyl- wrong time. today to tell you of the danger faced by vania, and now with the explosive ‘‘Right out of the starting gate, Mr. 25 million people who get their water growth in the Grand Canyon State a Berger was an unfortunate choice for a from the Colorado River because of ra- district that is home to well nigh one national security position with the dioactive waste leaching from an aban- million Americans. government because of his prior role as doned mine waste pile that is located From the pages of the Holbrook Trib- the chief Washington lobbyist for the only 750 feet away from the Colorado une-News, indeed from the editorial Chinese Government’s trade office.’’ River. page of March 19, the headline reads, Let me repeat that. ‘‘Mr. Berger was This deadly waste pile, abandoned by ‘‘This Story Needs More Attention.’’ an unfortunate choice for a national the Atlas Corporation, sits in the Moab Paul Barger, the publisher of the Hol- security position with the government Valley of southeastern Utah. The Colo- brook Tribune-News, writes, and I because of his prior role as the chief rado River, flowing past this site just quote, ‘‘For some time there have been Washington lobbyist for the Chinese south, provides water for 7 percent of reports circulating regarding the pos- Government’s trade office. the United States population, includ- sible theft of highly classified missile ‘‘Having once had a personal finan- ing Las Vegas, Arizona and the south- secrets from Los Alamos since the cial stake in the promotion of pro-Bei- ern California urban areas of Los Ange- 1980s. The thefts were apparently dis- jing policies raises an immediate ques- les and the city I represent, San Diego. covered in 1995, and the person alleg- tion of his present judgment and deci- Legislation that the gentleman from edly involved was allowed to resign re- sion-making. If only for appearances, California (Mr. GEORGE MILLER) and I cently. The matter has been kept quiet let alone personal ethics, he should have introduced, H.R. 393, would move for what seem to be political reasons.’’ have recused himself from anything this contaminated pile away from the

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.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 5244 CONGRESSIONAL RECORD—HOUSE March 23, 1999 Colorado River. Yesterday, the Project uary 19, 1999, the gentleman from Flor- RECESS on Government Oversight, known as ida (Mr. STEARNS) is recognized during The SPEAKER pro tempore. Pursu- POGO, released a report recommending morning hour debates for 5 minutes. ant to clause 12 of rule I, the Chair de- moving the pile as the most reliable Mr. STEARNS. Mr. Speaker, I rise clares the House in recess until 11 a.m. way to save the growing population of today out of great concern for the di- Accordingly (at 9 o’clock and 44 min- Nevada, Arizona and California from rection of our Nation’s foreign policy, utes a.m.), the House stood in recess having the highly contaminated waste as President Clinton is on the brink of until 11 a.m. leak into their water supply for the placing our Nation at war against the next 270 years. independent sovereign nation of Yugo- f I pledge to continue to fight to move slavia. AFTER RECESS this pile, lest my constituents and Mr. Speaker, let us not be mistaken. most of the Southwest be forced to live If the President issues orders to begin The recess having expired, the House under a sentence of radioactivity and an air assault against Yugoslavia, the was called to order by the Speaker pro contaminants in their drinking water United States would, in effect, be at tempore (Mr. GOODLATTE) at 11 a.m. for nearly 3 centuries. This is an unac- war with this country. f ceptable sentence and would likely be a What will this war achieve? The death sentence for many. I cannot sit President has yet to explain what our PRAYER idly by while polluters and the Nuclear strategy is aimed to achieve. Will we The Chaplain, Reverend James David Regulatory Commission inflict this on bomb this country in order to force Ford, D.D., offered the following pray- innocent people. them to agree with a peace agreement er: Recently, this commission which, has that is not in effect? During this moment of prayer we re- jurisdiction over cleaning up the site, What I fear is that this President has member those people who have dedi- issued a Final Environmental Impact yet to think through the implications cated their lives to doing the good Statement stating that Atlas’ plan to of an air attack and to think through a works that help others in our commu- cap the radioactive pile is, quote, envi- long-term strategy regarding this situ- nities. In the privacy of our own hearts ronmentally acceptable. ation in Kosovo. Do Members of this we recall the names of those gracious Is it environmentally acceptable to body know what the administration and charitable people who strengthen cover 10.5 million tons of uranium mill plans to do if an air attack against the bonds of our common humanity wastes with rock and sand where the Yugoslavia fails to force the Serbians and enhance and share the benefits and river can reach it during the spring to agree to a vague peace treaty? the glories of our world. O gracious runoff and cause a public health crisis? Does the United States with NATO God, as You inspire all people to use With the pile only 10 to 20 feet above further escalate the bombing to attack their abilities in ways that alleviate the underground water aquifer, highly fixed military targets around the any pain or hurt and who help to make concentrated ammonia will continue to Yugoslavian capital of Belgrade? Do we noble the lives of the needy, so inspire seep into the ground water. If the run- escalate our actions by placing ground each of us to be Your messengers of off is bad for three endangered species troops in a hostile situation on the reconciliation and Your heralds of of fish, as the Nuclear Regulatory Com- ground in Kosovo? Do we try to seal off kindness and of love. This is our ear- mission and the Fish and Wildlife Serv- a largely landlocked nation? Do we try nest prayer. Amen. ice acknowledge, it surely is deadly, to use military troops in the non- over time, for our children and our NATO nations of Romania and Bul- f grandchildren. garia to enforce an embargo? This POGO report details a clear THE JOURNAL Mr. President, what happens if the problem with the NRC’s jurisdiction of Serbs in Bosnia react against any The SPEAKER pro tempore. The this pile, and our bill, H.R. 393, address- bombing and start attacking U.S. and Chair has examined the Journal of the es this by removing the responsibility NATO forces there? What if Russia re- last day’s proceedings and announces for the pile to the Department of En- acts in some form in defense of Yugo- to the House his approval thereof. ergy, which has the technology and ex- slavia? Pursuant to clause 1, rule I, the Jour- perience with cleaning up sites and nal stands approved. protecting public health. Mr. President, what is the idea for When the Department of Energy has success here? Not just an end game but f how are we going to achieve success? been involved with contaminated sites PLEDGE OF ALLEGIANCE along the Colorado River, it moved, What if an American flier is shot down and did not just cap, the sites with ura- and captured? The SPEAKER pro tempore. Will the nium concentration levels of less than Mr. Speaker, we are headed down a gentleman from Illinois (Mr. EVANS) 2 milligrams per liter. very dangerous road without any type come forward and lead the House in the The uranium concentration levels at of compass to guide our policy. To me, Pledge of Allegiance. Moab which I am talking about exceed the lack of comprehensive foreign pol- Mr. EVANS led the Pledge of Alle- 26 milligrams per liter, and yet the icy by this administration has led us to giance as follows: NRC pushes forward with its plan, forc- this hazardous point. I pledge allegiance to the Flag of the ing the Fish and Wildlife Service to The President must come before our United States of America, and to the Repub- sign off on the sand capping plan just Nation and tell our Nation three lic for which it stands, one nation under God, indivisible, with liberty and justice for all. because the NRC lacks the authority to things: What is the long-term strategy move this pile. of the United States in Yugoslavia? f As the report illustrates, it is past What is the end-game to achieve mili- time to move this deadly pile, and to tary success in this operation? What MESSAGE FROM THE SENATE move jurisdiction for moving it to the actions will the President take if mili- A message from the Senate by Mr. Department of Energy, which will get tary actions fail to achieve any stated Lundregan, one of its clerks, an- this life-and-death job done. goals or if military action devolves nounced that the Senate had passed Mr. Speaker, I urge support for H.R. into the loss of American lives? with an amendment in which the con- 393. Mr. Speaker, until the President currence of the House is requested, a f communicates this message to the bill of the House of the following title: American people, the mission’s success FOREIGN POLICY AMBIGUITIES H.R. 68. An act to amend section 20 of the in Yugoslavia will be limited. I call on Small Business Act and make technical cor- The SPEAKER pro tempore. Under the President to let the American peo- rections in title III of the Small Business In- the Speaker’s announced policy of Jan- ple know today. vestment Act.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5245 APPOINTMENT OF MEMBERS TO CHINA ANNOUNCES SUPPORT FOR REPUBLICAN BUDGET PROPOSAL, COMMISSION ON SECURITY AND MEMBERSHIP IN WORLD TRADE RECIPE FOR COMPLETE FISCAL COOPERATION IN EUROPE ORGANIZATION DISASTER The SPEAKER pro tempore. Without (Mr. TRAFICANT asked and was (Mr. SMITH of Washington asked and objection, and pursuant to section 3 of given permission to address the House was given permission to address the Public Law 94–304, as amended by sec- for 1 minute and to revise and extend House for 1 minute.) Mr. SMITH of Washington. Mr. tion 1 of Public Law 99–7, the Chair an- his remarks.) nounces the Speaker’s appointment of Speaker, I rise, too, to talk about the the following Members of the House to Mr. TRAFICANT. Mr. Speaker, Chi- budget that is coming to the floor this the Commission on Security and Co- nese money must be an aphrodisiac be- week, and I have some grave concerns operation in Europe: cause it seems that everybody is jump- about that budget in terms of fiscal ing in bed with the Reds here. Mr. HOYER, Maryland; discipline. Mr. MARKEY, Massachusetts; Check it out. Even though China tor- The budget the majority party is pro- Mr. CARDIN, Maryland; and tures their own citizens, China threat- posing has several elements to it. Mas- Ms. SLAUGHTER, New York. ens their neighbors, and China spies on sive tax cuts. At the same time, it also There was no objection. everybody, China has announced that has massive spending increases. And unrelated to the budget, but at the f they have great support for membership in the World Trade Organization. same time related to the budget, there APPOINTMENT OF MEMBERS TO In fact, China says, to boot, ‘‘Even the is no plan on the table for any sort of UNITED STATES HOLOCAUST ME- United States Trade Representative structural reform of our existing enti- MORIAL COUNCIL supports, number one, lower tariffs for tlement programs, so they will simply The SPEAKER pro tempore. Without China and, number two, China’s mem- go on spending at their current rate. objection, and pursuant to the provi- bership in the World Trade Organiza- Those three items, put together, are sions of Public Law 96–388, as amended tion.’’ a recipe for complete fiscal disaster. We are so close to a balanced budget, by Public Law 97–84 (36 U.S.C. 1402(a)), Beam me up, Mr. Speaker. The Trade the Chair announces the Speaker’s ap- we are so close to finally having a le- Representative will not wise up until gitimate claim on being fiscally re- pointment of the following Members of there is a Red Army tank shoved right the House to the United States Holo- sponsible, that I hate to see us lose it up their foreign policy. I yield back a now. caust Memorial Council: $70 billion projected trade deficit with Mr. LANTOS, California; One of the biggest problems, in re- China, who is buying intercontinental sponse to the comments of the previous Mr. FROST, Texas. ballistic missiles and pointing them There was no objection. gentleman, yes, the existing trust right at us. funds, the money that is going into So- f cial Security and Medicare, are pro- CHINESE TOP GUNS f tected. The problem is those trust (Mr. GIBBONS asked and was given funds will not last long under the cur- permission to address the House for 1 DEMOCRAT DEMAGOGUERY ON rent system. The spending will go way minute and to revise and extend his re- THE BUDGET beyond those existing trust funds and marks.) place us into grave financial difficul- Mr. GIBBONS. Mr. Speaker, the (Mr. BALLENGER asked and was ties. Fallon Naval Air Station ‘‘Top Gun’’ given permission to address the House Medicare is scheduled to be bankrupt school in Nevada recently had some for 1 minute.) in 2008. Social Security is scheduled to important visitors. Mr. BALLENGER. Mr. Speaker, one go bankrupt in 2032. It is time to be fis- No, they were not the U.S. Navy ca- would never know what is actually in cally responsible, and the Republican dets. It was not our colleague the gen- the Republican budget proposal by lis- budget does not get us there. tleman from California (Ace DUKE tening to the other side. In fact, I do f CUNNINGHAM). It was not the United not even recognize our own budget UNION-ONLY REQUIREMENTS FOR States Air Force trying to gain an ad- after listening to what the other side is CONSTRUCTION PROJECTS saying about it. vantage. Mr. Speaker, it was the Chi- (Mr. GARY MILLER of California nese. I guess it is Mediscare all over again asked and was given permission to ad- Even after knowing their latest espi- with a lot of demagoguery on Social dress the House for 1 minute and to re- onage tactics, our Government granted Security added on to it. On second vise and extend his remarks.) about 20 communist Chinese an open- thought, make that a lot of dema- Mr. GARY MILLER of California. Mr. door visit to the Naval Strike and Air goguery on Social Security to go with Speaker, I rise today to oppose union- Warfare Center at Fallon Naval Air it. only requirements for construction Station. Providing the Chinese com- One has the impression that our projects. munists with classified information friends on the other side of the aisle Vice President GORE wants to have about our military equipment, aircraft, have not looked at the Congressional all Federal projects done by union con- tactics and operations is just sheer lu- Budget Office report on our budget. struction firms. Also, the Los Angeles nacy. Maybe they are getting their informa- Unified School District, near my con- Why were they allowed to visit that tion about our budget from their own gressional district, is considering re- facility? Who knows? This facility has press releases. quiring all of their new construction to trained 90 percent of our naval warfare be done only by union companies. pilots. Fallon Naval Air Station is not Our budget reserves 100 percent of Union-only construction agreements just a field in Nevada. It is a vital the retirement surplus for Social Secu- may make political sense for some training link for our naval aviators rity and Medicare. Let me repeat that politicians, but they certainly do not worldwide. for the benefit of any demagogues on make practical sense for our children If the American taxpayers could not the other side of the aisle who seem to in our schools. be afforded the same high-level tour, have some difficulty with that fact. PLAs do not guarantee lower costs, why would this administration grant Our budget reserves 100 percent, again higher performance standards, or the communist Chinese a carte blanche 100 percent, of the retirement surplus eliminate red tape. The union-only visit? for Social Security and Medicare. contracts only guarantee that the four Mr. Speaker, top gun Chinese are not I urge my skeptical colleagues on the out of five construction workers not the type of American exports I would other side to call the CBO for them- represented by a union cannot work on expect from the United States Navy. selves to verify this fact. the project.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 5246 CONGRESSIONAL RECORD—HOUSE March 23, 1999 It is un-American for our Govern- nonprofit community and government Mr. LINDER. Mr. Speaker, we are ment to say to someone who does not service organizations, has awarded stu- going to bring our budget to the floor belong to a certain group or organiza- dents and families the opportunity to this week and it is going to be a great tion, ‘‘You are not good enough to truly make a difference. debate. And from what I am hearing compete for Federal money based on Saturday, April 17, will kick off this from the other side, it is going to be merit.’’ year’s Volunteer Miami-Dade Commu- entirely too partisan. For those of us who agree that there nity Colleges’ Wolfson Campus, where You see, we want to save 100 percent should not be race-based discrimina- representatives from various organiza- of all the revenues into the Social Se- tion, this is another form of discrimi- tions will be on hand to provide valu- curity Trust Fund for just Social Secu- nation. A person should not be denied a able information on how members of rity. They want to save 62 percent. It job because of his or her color. Neither our community can lend their abilities would be bipartisan to agree with should he or she be denied a job be- and spare time for the benefit of all of them. cause they do not carry a union card. south Florida. We want to keep within the spending I hope that the Vice President and Volunteering is a definitive way in caps of 1997. That is what gave us the which to promote a powerful force that the Los Angeles Unified School Dis- revenue surpluses that we have, the enriches an individual and allows all of trict will not put politics above our discipline that we agreed to with the us to positively impact an entire com- children. I encourage both of them to White House. What does the White munity. By raising awareness on vol- support freedom in the bidding of con- House want to do in a bipartisan way? unteerism and forming strong partner- struction projects. ships between deserving agencies and a They want to spend $32 billion a year f corps of volunteers, positive change more than the caps. We want to provide tax cuts. That is AMERICAN PUBLIC DOES NOT can and will be effected to make south a very partisan effort on our behalf. WANT PARTISAN BICKERING Florida a better place in which to live and work. When the Democrats were last in con- (Ms. HOOLEY of Oregon asked and I congratulate my alma mater, trol, in a very partisan way, they gave was given permission to address the Miami-Dade Community College, for us the largest tax increase in history. House for 1 minute and to revise and making Volunteer Miami a success. We would like to have the largest tax extend her remarks.) cut in history. That would be partisan. f Ms. HOOLEY of Oregon. Mr. Speaker, We will save 100 percent of the Social as a member of the Committee on the PAIGE SECURITY SERVICES, INC. Security Trust. And what is left over Budget, I spent much of last week won- (Mr. FARR of California asked and we want to give back to the American dering why the majority party has cho- was given permission to address the people. They want to spend it. That is sen to move forward with a budget that House for 1 minute and to revise and the bipartisan thing to do. is clearly divisive. extend his remarks.) We will pass our budget. The Senate This morning the Washington Post Mr. FARR of California. Mr. Speaker, will agree. There will be a great debate. reported, ‘‘Congress is set to begin a I rise today on a good news note to But when it is all over, they will know week of partisan bickering today over honor the accomplishments of a con- that Republicans are for less govern- a budget that Republican congressional stituent of mine, Mr. Leonard Paige. ment and more freedom, the Democrats leaders expect will provoke a veto In November 1998, Mr. Paige realized are just for more government. shutdown with President Clinton later his lifelong dream to make a difference f this year when it results in appropria- in Africa with the signing ceremony of tions bills.’’ the first joint venture between a black- b 1115 It baffles me. Why start out on such owned security firm in the United BUILDING ON BIPARTISAN a sour note? The majority is clearly States and a black-owned security firm CONGRESSIONAL RETREAT welcoming a partisan battle without in South Africa. first trying to find some common The United States firm, Paige’s Secu- (Mr. KIND asked and was given per- ground and some room for partisan co- rity Services, Inc., will facilitate the mission to address the House for 1 operation. training and logistics for Paige’s Secu- minute and to revise and extend his re- The American people have seen rity Services, Inc., in South Africa in a marks.) enough bickering to make them won- manner modeled upon the affirmative Mr. KIND. Mr. Speaker, last weekend action programs here in the United der what we are doing in Washington. we had the second bipartisan congres- States. The program is intended to as- The people I talk to want to make sure sional retreat in Hershey, Pennsyl- sist the disadvantaged in that commu- that we extend Medicare and Social Se- vania. A lot of people helped in pulling nity. that together. I want to commend the curity. They want us to fight crime. Under Mr. Paige’s able leadership, gentleman from Illinois (Mr. LAHOOD), They want us to help our schools. And Paige Security Services, Inc., has gar- the gentleman from Ohio (Mr. SAW- they want us to create an even better nered great recognition over its 10 YER), the planning committee, the staff business atmosphere. And the list goes years of service. It has been selected at Hershey, the Pew Charitable Trust on. for three straight years by Inc. Maga- and the Aspen Institute who all helped There are many things the American zine as one of the fastest growing pri- in bringing Members on both sides of public wants us to accomplish, but par- vate firms in the Nation and has been the aisle together, but I want to espe- tisan bickering is not one of them. commended by Congress and the Presi- cially commend my colleagues who f dent of the United States. took the time out of their busy sched- VOLUNTEER MIAMI Paige’s Security Services, Inc., employs over 800 workers in the United ules to bring the family and the chil- (Ms. ROS-LEHTINEN asked and was States and Costa Rica, and the new af- dren and their spouses to the retreat so given permission to address the House filiate in South Africa employs 300 peo- that we could get to know one another for 1 minute and to revise and extend ple. a little better and talk to one another. her remarks.) Thank you, Leonard Paige, for your The goal of the retreat was simple, to Ms. ROS-LEHTINEN. Mr. Speaker, leadership. try to make this great institution a last year Miami-Dade County estab- more civil place in which to conduct f lished a wonderful tradition when it the Nation’s business. The format was implemented Volunteer Miami. This REPUBLICANS FOR LESS also simple, get out of Washington, annual volunteer fair, made possible by GOVERNMENT, MORE FREEDOM away from the media, bring the fami- Dr. Eduardo Padron, David Lawrence, (Mr. LINDER asked and was given lies in and the children and the spouses Valerie Taylor and hundreds of dedi- permission to address the House for 1 so that we could have some honest con- cated volunteers from Greater Miami’s minute.) versations across the aisle of how we

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5247 could improve this great institution. ANNOUNCEMENT BY THE SPEAKER remarried surviving spouse, section 2402(5) of Because it is a fundamental rule of PRO TEMPORE this title notwithstanding), minor child, and, at the discretion of the Superintendent, un- human nature that the better you The SPEAKER pro tempore (Mr. know someone and their spouse and married adult child of a person listed in sub- GOODLATTE). Pursuant to clause 8 of section (a), but only if buried in the same their little children, a lot harder it is rule XX, the Chair announces that he gravesite as that person. going to be to demonize that person will postpone further proceedings ‘‘(2)(A) The spouse, minor child, and, at the than during the hot debates of the day. today on each motion to suspend the discretion of the Superintendent, unmarried I think we made a good, honest at- rules on which a recorded vote or the adult child of a member of the Armed Forces tempt last weekend, Mr. Speaker. I yeas and nays are ordered, or on which on active duty if such spouse, minor child, or unmarried adult child dies while such mem- hope we can now build upon that for the vote is objected to under clause 6 of the sake of this great Nation. ber is on active duty. rule XX. ‘‘(B) The individual whose spouse, minor f Such rollcall votes, if postponed, will child, and unmarried adult child is eligible SOCIAL SECURITY AND THE DEBT be taken after debate has concluded on under subparagraph (A), but only if buried in LIMIT all motions to suspend the rules. the same gravesite as the spouse, minor child, or unmarried adult child. f (Mr. SMITH of Michigan asked and ‘‘(3) The parents of a minor child or unmar- was given permission to address the ARLINGTON NATIONAL CEMETERY ried adult child whose remains, based on the House for 1 minute and to revise and BURIAL ELIGIBILITY ACT eligibility of a parent, are already buried in extend his remarks.) Arlington National Cemetery, but only if Mr. STUMP. Mr. Speaker, I move to Mr. SMITH of Michigan. Mr. Speak- buried in the same gravesite as that minor suspend the rules and pass the bill er, some people in Washington want to child or unmarried adult child. (H.R. 70) to amend title 38, United ‘‘(4)(A) Subject to subparagraph (B), the replace the current debt limit of this States Code, to enact into law eligi- surviving spouse, minor child, and, at the country with two limits, one for Treas- bility requirements for burial in Ar- discretion of the Superintendent, unmarried ury securities held by the public and lington National Cemetery, and for adult child of a member of the Armed Forces one for IOUs held by Social Security other purposes. who was lost, buried at sea, or officially de- and other trust funds. This is a bad termined to be permanently absent in a sta- The Clerk read as follows: idea that would send a message that tus of missing or missing in action. debt owed to the trust funds is less im- H.R. 70 ‘‘(B) A person is not eligible under subpara- portant than debt owed to Wall Street. Be it enacted by the Senate and House of Rep- graph (A) if a memorial to honor the memory of the member is placed in a cemetery in Some want the new statistic so they resentatives of the United States of America in Congress assembled, the national cemetery system, unless the can brag about reducing the debt held memorial is removed. A memorial removed by the public. That would be true, but SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Arlington under this subparagraph may be placed, at it does not matter because total gov- National Cemetery Burial Eligibility Act’’. the discretion of the Superintendent, in Ar- ernment debt would keep rising. A new lington National Cemetery. SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN AR- ‘‘(5) The surviving spouse, minor child, statistic on debt held by the public LINGTON NATIONAL CEMETERY. and, at the discretion of the Superintendent, would hide this fact. (a) IN GENERAL.—Chapter 24 of title 38, unmarried adult child of a member of the Others suggest that we could con- United States Code, is amended by adding at Armed Forces buried in a cemetery under the end the following new section: sider writing off the debt owed to the the jurisdiction of the American Battle trust funds because that is just what ‘‘§ 2412. Arlington National Cemetery: persons Monuments Commission. government owes itself. That is wrong eligible for burial ‘‘(c) DISABLED ADULT UNMARRIED CHIL- and that is dangerous. ‘‘(a) PRIMARY ELIGIBILITY.—The remains of DREN.—In the case of an unmarried adult I ask my colleagues to fight against the following individuals may be buried in child who is incapable of self-support up to any proposal to change the status of Arlington National Cemetery: the time of death because of a physical or the debt held by the Social Security ‘‘(1) Any member of the Armed Forces who mental condition, the child may be buried Trust Fund. dies while on active duty. under subsection (b) without requirement for ‘‘(2) Any retired member of the Armed approval by the Superintendent under that f Forces and any person who served on active subsection if the burial is in the same DOLLARS TO THE CLASSROOM duty and at the time of death was entitled gravesite as the gravesite in which the par- (or but for age would have been entitled) to ent, who is eligible for burial under sub- (Mr. METCALF asked and was given retired pay under chapter 1223 of title 10, section (a), has been or will be buried. permission to address the House for 1 United States Code. ‘‘(d) FAMILY MEMBERS OF PERSONS BURIED minute.) ‘‘(3) Any former member of the Armed IN A GROUP GRAVESITE.—In the case of a per- Mr. METCALF. Mr. Speaker, we Forces separated for physical disability be- son eligible for burial under subsection (a) must send 95 percent at least of the fore October 1, 1949, who— who is buried in Arlington National Ceme- Federal funds for education to the ‘‘(A) served on active duty; and tery as part of a group burial, the surviving classroom. This will result in an addi- ‘‘(B) would have been eligible for retire- spouse, minor child, or unmarried adult child ment under the provisions of section 1201 of of the member may not be buried in the tional $800 million to be taken from the title 10 (relating to retirement for disability) group gravesite. grasp of the bureaucrats and into the had that section been in effect on the date of ‘‘(e) EXCLUSIVE AUTHORITY FOR BURIAL IN hands of teachers and parents. separation of the member. ARLINGTON NATIONAL CEMETERY.—Eligibility Congress needs to give parents and ‘‘(4) Any former member of the Armed for burial of remains in Arlington National school boards even greater control Forces whose last active duty military serv- Cemetery prescribed under this section is the without increasing the bureaucracy. It ice terminated honorably and who has been exclusive eligibility for such burial. takes about 18,000 Federal and State awarded one of the following decorations: ‘‘(f) APPLICATION FOR BURIAL.—A request employees to manage 780 Federal edu- ‘‘(A) Medal of Honor. for burial of remains of an individual in Ar- ‘‘(B) Distinguished Service Cross, Air lington National Cemetery made before the cation programs in 39 Federal agencies, Force Cross, or Navy Cross. death of the individual may not be consid- boards and commissions that cost near- ‘‘(C) Distinguished Service Medal. ered by the Secretary of the Army or any ly $100 billion a year annually. It is not ‘‘(D) Silver Star. other responsible official. surprising that approximately 70 cents ‘‘(E) Purple Heart. ‘‘(g) REGISTER OF BURIED INDIVIDUALS.—(1) per dollar makes it directly to the ‘‘(5) Any former prisoner of war who dies The Secretary of the Army shall maintain a classroom. If it does not happen in the on or after November 30, 1993. register of each individual buried in Arling- classroom, nothing much is happening. ‘‘(6) The President or any former Presi- ton National Cemetery and shall make such I am a former schoolteacher and I can dent. register available to the public. ‘‘(b) ELIGIBILITY OF FAMILY MEMBERS.—The ‘‘(2) With respect to each such individual tell my colleagues that. remains of the following individuals may be buried on or after January 1, 1998, the reg- Parental involvement, not bureauc- buried in Arlington National Cemetery: ister shall include a brief description of the racies, must be central in any proposal ‘‘(1) The spouse, surviving spouse (which basis of eligibility of the individual for bur- to reform our education system. for purposes of this paragraph includes any ial in Arlington National Cemetery.

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‘‘(h) DEFINITIONS.—For purposes of this sec- ‘‘(2)(A) A veteran whose last period of ac- ‘‘(A) in the case of commemoration of serv- tion: tive duty service (other than active duty for ice under paragraph (1)(A), on the last day of ‘‘(1) The term ‘retired member of the training) ended honorably. the period of service so commemorated; and Armed Forces’ means— ‘‘(B) The spouse, surviving spouse, minor ‘‘(B) in the case of commemoration of a ‘‘(A) any member of the Armed Forces on child, and, at the discretion of the Super- particular military event under paragraph a retired list who served on active duty and intendent of Arlington National Cemetery, (1)(B), on the last day of the period of the who is entitled to retired pay; unmarried adult child of such a veteran.’’. event. ‘‘(B) any member of the Fleet Reserve or (b) CLERICAL AMENDMENT.—The table of ‘‘(4) A monument may be placed only in Fleet Marine Corps Reserve who served on sections at the beginning of chapter 24 of those sections of Arlington National Ceme- active duty and who is entitled to retainer title 38, United States Code, is amended by tery designated by the Secretary of the pay; and adding after section 2412, as added by section Army for such placement.’’. ‘‘(C) any member of a reserve component of 2(c) of this Act, the following new item: (b) CLERICAL AMENDMENT.—The table of the Armed Forces who has served on active ‘‘2413. Arlington National Cemetery: persons sections at the beginning of chapter 24 of duty and who has received notice from the eligible for placement in col- title 38, United States Code, is amended by Secretary concerned under section 12731(d) of umbarium.’’. adding after section 2413, as added by section 3(b) of this Act, the following new item: title 10, of eligibility for retired pay under (c) CONFORMING AMENDMENT.—Section chapter 1223 of title 10, United States Code. 11201(a)(1) of title 46, United States Code, is ‘‘2414. Arlington National Cemetery: author- ‘‘(2) The term ‘former member of the amended by inserting after subparagraph (B), ized headstones, markers, and Armed Forces’ includes a person whose serv- the following new subparagraph: monuments.’’. ice is considered active duty service pursu- ‘‘(C) Section 2413 (relating to placement in (c) EFFECTIVE DATE.—The amendment ant to a determination of the Secretary of the columbarium in Arlington National made by subsection (a) shall apply with re- Defense under section 401 of Public Law 95– Cemetery).’’. spect to headstones, markers, or monuments 202 (38 U.S.C. 106 note). (d) EFFECTIVE DATE.—Section 2413 of title placed in Arlington National Cemetery on or ‘‘(3) The term ‘Superintendent’ means the 38, United States Code, as added by sub- after the date of the enactment of this Act. Superintendent of Arlington National Ceme- section (a), and section 11201(a)(1)(C), as SEC. 5. PUBLICATION OF REGULATIONS. tery.’’. added by subsection (c), shall apply with re- Not later than one year after the date of (b) PUBLICATION OF UPDATED PAMPHLET.— spect to individuals dying on or after the the enactment of this Act, the Secretary of Not later than 180 days after the date of the date of the enactment of this Act. the Army shall publish in the Federal Reg- enactment of this Act, the Secretary of the SEC. 4. MONUMENTS IN ARLINGTON NATIONAL ister any regulation proposed by the Sec- Army shall publish an updated pamphlet de- CEMETERY. retary under this Act. scribing eligibility for burial in Arlington (a) IN GENERAL.—Chapter 24 of title 38, The SPEAKER pro tempore. Pursu- National Cemetery. The pamphlet shall re- United States Code, is amended by adding flect the provisions of section 2412 of title 38, after section 2413, as added by section 3(a) of ant to the rule, the gentleman from Ar- United States Code, as added by subsection this Act, the following new section: izona (Mr. STUMP) and the gentleman (a). ‘‘§ 2414. Arlington National Cemetery: author- from Illinois (Mr. EVANS) each will con- (c) CLERICAL AMENDMENT.—The table of ized headstones, markers, and monuments trol 20 minutes. sections at the beginning of chapter 24 of The Chair recognizes the gentleman title 38, United States Code, is amended by ‘‘(a) GRAVESITE MARKERS PROVIDED BY THE from Arizona (Mr. STUMP). adding at the end the following new item: SECRETARY.—A gravesite in Arlington Na- tional Cemetery shall be appropriately GENERAL LEAVE ‘‘2412. Arlington National Cemetery: persons marked in accordance with section 2404 of eligible for burial.’’. Mr. STUMP. Mr. Speaker, I ask this title. (d) TECHNICAL AMENDMENTS.—(1) Section unanimous consent that all Members ‘‘(b) GRAVESITE MARKERS PROVIDED AT PRI- may have 5 legislative days in which to 2402(5) of title 38, United States Code, is VATE EXPENSE.—(1) The Secretary of the amended by inserting ‘‘, except section Army shall prescribe regulations for the pro- revise and extend their remarks and in- 2412(b)(1) of this title,’’ after ‘‘which for pur- vision of headstones or markers to mark a clude extraneous material on H.R. 70. poses of this chapter’’. gravesite at private expense in lieu of The SPEAKER pro tempore. Is there (2) Section 2402(7) of such title is amend- headstones and markers provided by the Sec- objection to the request of the gen- ed— retary of Veterans Affairs in Arlington Na- tleman from Arizona? (A) by inserting ‘‘(or but for age would tional Cemetery. There was no objection. have been entitled)’’ after ‘‘was entitled’’; ‘‘(2) Such regulations shall ensure that— Mr. STUMP. Mr. Speaker, I yield my- (B) by striking out ‘‘chapter 67’’ and insert- ‘‘(A) such headstones or markers are of ing in lieu thereof ‘‘chapter 1223’’; and self such time as I may consume. simple design, dignified, and appropriate to a Mr. Speaker, H.R. 70, the Arlington (C) by striking out ‘‘or would have been en- military cemetery; titled to’’ and all that follows and inserting ‘‘(B) the person providing such headstone National Cemetery Burial Eligibility in lieu thereof a period. or marker provides for the future mainte- Act, is an important bill that is strong- (e) EFFECTIVE DATE.—(1) Except as pro- nance of the headstone or marker in the ly supported by veterans and their vided in paragraph (2), section 2412 of title 38, event repairs are necessary; service organizations. United States Code, as added by subsection ‘‘(C) the Secretary of the Army shall not Except for a few minor changes, this (a), shall apply with respect to individuals be liable for maintenance of or damage to bill is identical to H.R. 3211 which was dying on or after the date of the enactment the headstone or marker; passed unanimously by this House in of this Act. ‘‘(D) such headstones or markers are aes- (2) In the case of an individual buried in March of 1998. The bill codifies many of thetically compatible with Arlington Na- the current regulations governing eli- Arlington National Cemetery before the date tional Cemetery; and of the enactment of this Act, the surviving ‘‘(E) such headstones or markers are per- gibility for burial in the cemetery and spouse of such individual is deemed to be eli- mitted only in sections of Arlington Na- placement in the columbarium. gible for burial in Arlington National Ceme- tional Cemetery authorized for such H.R. 70 would allow no waivers for tery under subsection (b) of such section, but headstones or markers as of January 1, 1947. burials at Arlington National Ceme- only in the same gravesite as such indi- ‘‘(c) MONUMENTS.—(1) No monument (or tery. It also eliminates eligibility for vidual. similar structure as determined by the Sec- high-ranking government officials who SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN retary of the Army in regulations) may be are veterans but who do not meet the THE COLUMBARIUM IN ARLINGTON placed in Arlington National Cemetery ex- NATIONAL CEMETERY. military service requirements of H.R. cept pursuant to the provisions of this sub- (a) IN GENERAL.—Chapter 24 of title 38, section. 70. United States Code, is amended by adding ‘‘(2) A monument may be placed in Arling- I want to express my appreciation to after section 2412, as added by section 2(a) of ton National Cemetery if the monument the gentleman from Illinois (Mr. this Act, the following new section: commemorates— EVANS) for his efforts on this bill, Mr. ‘‘§ 2413. Arlington National Cemetery: persons ‘‘(A) the service in the Armed Forces of the Speaker. We had some difficulty in eligible for placement in columbarium individual, or group of individuals, whose scheduling a hearing and a markup at ‘‘The cremated remains of the following in- memory is to be honored by the monument; the subcommittee level and I appre- dividuals may be placed in the columbarium or in Arlington National Cemetery: ‘‘(B) a particular military event. ciate the gentleman’s cooperation in ‘‘(1) A person eligible for burial in Arling- ‘‘(3) No monument may be placed in Ar- getting the bill through the Committee ton National Cemetery under section 2412 of lington National Cemetery until the end of on Veterans’ Affairs as quickly as we this title. the 25-year period beginning— did.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5249 Mr. Speaker, I reserve the balance of The bill, H.R. 70, would eliminate the When the full committee marked up my time. current practice of granting eligibility H.R. 70 last week, I offered an amend- Mr. EVANS. Mr. Speaker, I yield my- to Members of Congress and other ment to give the Secretary of the self such time as I may consume. I rise high-ranking government officials who Army the authority to approve the in strong support of H.R. 70. As a are veterans but who do not meet the burial of those rare and special individ- former Marine and as a member of the distinguished military service criteria uals whose contributions inspire our Committee on Veterans’ Affairs since I just outlined. I want to point out, Nation and honor them in this way. 1983, I know that Arlington Cemetery however, that Congress could at any Let me just remind the House about is sacred ground. Last year, however, time on a case-by-case basis enact a those people who are now buried at Ar- the General Accounting Office told us resolution on behalf of an individual lington that would not be allowed to that the eligibility requirements for whose accomplishments are deemed under this legislation. burial at Arlington needed clarifica- worthy of the honor of being buried at We could not have honored Detective tion. H.R. 70 addresses these concerns. Arlington National Cemetery. John Gibson, a member of the Capitol It would remove the ambiguity and The bill also codifies existing regu- Hill police force who was killed in the guesswork from the eligibility process latory eligibility standards for inter- line of duty last summer. We could not for burials at Arlington. Additionally, ment of cremated remains in the col- have honored Senator Robert Kennedy and this is very important, the bill umbarium at Arlington. Generally, in this way; nor could we have honored would make it easier for the American this includes all veterans with honor- Chief Justice of the Supreme Court people to understand the requirements able service and their dependents, Warren Burger or Associate Justice of burial at our Nation’s most revered those that meet the requirements for Thurgood Marshall, just to name a few. The gentleman from New York (Mr. cemetery. This is an excellent piece of burial in a VA national cemetery al- legislation and I urge my colleagues to QUINN) talked about the potential of a ready. congressional resolution, I mean, support it. Finally, the bill clarifies that only talked about introducing politics into Mr. Speaker, I reserve the balance of memorials honoring military service or this process. I suggested an amendment my time. events may be placed at Arlington and Mr. STUMP. Mr. Speaker, I yield which would regularize that process, also establishes a 25-year waiting pe- such time as he may consume to the allow the publication of any waivers riod for such memorials and their erec- gentleman from New York (Mr. QUINN) that were requested by the Secretary tion. who is the chairman of our Sub- and try to regularize that. I think, and Mr. Speaker, Arlington National committee on Benefits. I hope, that the other body when we go Cemetery is running out of space. Last Mr. QUINN. Mr. Speaker, I thank the to conference will be able to design gentleman for yielding me this time. I year the subcommittee and about a such a waiver procedure that satisfies would like to remind all of my col- dozen of our Members scheduled a visit the very legitimate concerns that have leagues that this is a bill that we to Arlington to see firsthand and in been raised regarding waivers. looked at last year, indeed passed, and person the crowded conditions that Mr. Speaker, I noted that the gen- we are back at it again this year. exist. With the veteran population de- tleman from Arizona talked about the I want to point out that H.R. 70 is in- clining by 8 million through the year support of veterans groups for this tended to bring order to the process of 2002, Arlington officials estimate the measure and one of the reasons behind being buried at Arlington National cemetery could be full by the year 2025. bringing this up at this point in time. Cemetery. As my colleagues will recall, H.R. 70 is an excellent bill. I urge my When we in our committee on March 11 similar legislation passed the House colleagues to support it in a bipartisan considered our budget request to the late last year by a vote of 412–0. Unfor- fashion. Committee on the Budget, the veterans tunately, the Senate did not act on the I would also like to thank the gen- service organizations of this Nation bill prior to the 105th Congress ad- tleman from Arizona (Mr. STUMP) and had proposed what they called an inde- journing. the gentleman from Illinois (Mr. pendent budget, an independent budget To refresh the memories of returning EVANS) for their leadership on this which gave $3 billion more than the Members and to explain the bill’s in- issue. President did to satisfy our contract tent to our newer colleagues, H.R. 70 Mr. EVANS. Mr. Speaker, I yield with our Nation’s veterans. Unfortu- would codify, with exceptions I will such time as he may consume to the nately, this independent budget, which discuss shortly, existing regulatory eli- gentleman from California (Mr. FIL- went beyond the chairman’s rec- gibility criteria for burial at Arlington NER). ommendations and the majority’s rec- National Cemetery. Other than the per- Mr. FILNER. Mr. Speaker, we have ommendation by $1.3 billion, was not sons specifically enumerated in the before us a bill that has come to us be- even allowed to be voted on in our com- bill, no other person could be buried at cause of certain abuses that occurred mittee. We were not afforded the op- Arlington. In general, eligible persons in the granting of waivers. We asked portunity to vote on a budget sup- would include the following: Members the GAO, the Government Accounting ported by our Nation’s veterans organi- of the Armed Forces who die on active Office, to look at that, and they con- zations. This budget, which was sup- duty; retired members of the Armed firmed that although the political ported by the Democrats on the com- Forces, including Reservists who abuses of waivers for burial at Arling- mittee, tried to offset the unjustified served on active duty; former members ton that were alleged did not occur, low budget that the administration of the Armed Forces who have been that most of these allegations were un- provided for the year 2000. We tried to awarded the Medal of Honor, Distin- founded, there was a real need to clar- say that the VA health care system guished Service Cross, Air Force Cross ify and write into law the eligibility was drastically underfunded and in or Navy Cross, Distinguished Service rules for burial at Arlington National danger of actual collapse. We tried to Medal, Silver Star, or the Purple Cemetery. Up to a point, H.R. 70 does say that the GI bill was far short of re- Heart; also, former prisoners of war that very well and responds to GAO’s alistic needs and failing as a readjust- would be eligible; the President of the concerns that standards for waivers ment benefit. We tried to say that des- United States or any former President; have been inconsistently applied perately needed staffing increases in- members of the Guard/Reserves who throughout the years. I am concerned, cluded in this budget appeared to be served on active duty and are eligible as are several members of the Com- phony, little more than transparent for retirement but who have not yet re- mittee on Veterans’ Affairs, that this shell games. We tried to say that the tired; and the spouse, surviving spouse, bill provides no realistic opportunity national cemetery system has been un- minor child and at the discretion of the for our country to honor those unique derfunded for years and the money Superintendent of Arlington, unmar- Americans whose contributions are so needed for basic repairs and upkeep ried adult children of those eligible extraordinary that burial at Arlington was unavailable and we are not meet- categories I mentioned above. Cemetery would be entirely fitting. ing our commitment to our Nation’s

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 5250 CONGRESSIONAL RECORD—HOUSE March 23, 1999 veterans. Veterans were wronged by bipartisan basis to set clear eligibility So, Mr. Speaker, in conclusion I urge the administration budget, they were standards for burial at this hallowed support for codifying the current eligi- wronged by the majority on the Com- national military cemetery. The House bility requirements as proposed in H.R. mittee on Veterans’ Affairs submission took up and passed a very similar bill 70. They do not consider how famous a to the Committee on the Budget, and in the last Congress. It is important, veteran was, and frankly, Mr. Speaker, they were wronged by the budget reso- however, that the record be clear on they should not. Our country can find lution that is coming to us this week. what prompted that legislation. other means to honor those who make I ask that this House, in recognition Arlington Cemetery was created for great contributions in the sciences, the of our Nation’s veterans, in recognition one reason, to honor the memory of arts, the letters, the politics, the of the brave men and women who we those who died as a result of their mili- sports and other fields, no matter how are honoring by this H.R. 70 today tary service. Yet, as an in-depth Com- extraordinary they may be. But Arling- which says that only those who deserve mittee on Veterans’ Affairs’ investiga- ton, Arlington Cemetery belongs to our to be buried in Arlington should be, as tion disclosed, there have been two pos- veterans, and we should keep it that an honor to those brave men and sible routes to burial at Arlington. One way. women who are buried at Arlington, we route was to meet strict eligibility Mr. EVANS. Mr. Speaker, I yield should not vote for this budget resolu- rules. The other was through the grant such time as he may consume to the tion that is being brought to us this of a waiver or exception. The use of gentleman from Arkansas (Mr. SNY- week. It drastically underfunds the waivers has allowed burial of the re- DER). veterans budget. The health care sys- mains of individuals who never even Mr. SNYDER. Mr. Speaker, last year tem that the VA has provided for our served in the military. I was one of the people that voted for Nation’s veterans is in danger of going The waiver practice not only runs this bill. We had had lengthy discus- under. We should vote down the budget afoul of Arlington’s historic roots, but sions at the committee about it, and I resolution when it comes before us be- it invites inconsistencies, favoritism was part of the subcommittee, part of cause of its failure to provide for our and inequities. The waiver process has the investigation. The gentleman from Nation’s veterans. been a path for the very privileged and New York (Mr. QUINN) and I went out Reluctantly I ask that H.R. 70 be ap- the well connected. Such a practice is and visited Arlington, and I voted for proved today, but I hope that it is im- not only intolerable in itself, but each the bill the last time. I was one of the proved in the Senate. exception deprives future survivors of a 412 to 0 that supported it because I military burial at Arlington for their b 1130 thought we had assurances that there loved ones. The sad fact is that Arling- was going to be done, some work was Mr. STUMP. Mr. Speaker, I yield ton will run out of space for in-ground going to be done on the bill to improve such time as he may consume to the burials by the year 2025 unless it is exit. gentleman from Florida (Mr. STEARNS), panded. The deal was some of the concerns the chairman of our Subcommittee on So, Mr. Speaker, it is altogether fit- that had been brought up. But we have Health. ting, therefore, that this bill eliminate now come almost, I guess, a year and a Mr. STEARNS. Mr. Speaker, I thank the waiver exception and codify appro- half or 2 years later, a year later cer- the distinguished gentleman from Ari- priate standards. zona, and I would just say as a quick Despite our committee’s long work tainly, and no work has been done, and comment before I start my statement, on this subject and a 412 to 0 vote on the arguments are the same, and we to the gentleman from California (Mr. the 105th Congress, there are a few on have learned now two different things: FILNER), a good friend who I respect, the other side who said they want to Number one, we have learned that that his complaints about the veterans’ amend this bill or change this bill, and the bill died on the Senate side. They budget should have been made to the perhaps in a way it is sort of a turn- did not take up the bill, I think be- President of the United States because about from that 412 to 0 vote we had in cause of concerns that have been ex- the President provided a budget that the 105th Congress. As they proposed, it pressed by the gentleman from Cali- was underfunded, as the ranking mem- would allow burial at Arlington for fornia (Mr. FILNER) and some others ber of our Committee on Veterans’ Af- anyone whose act, service or contribu- that there is not wiggle room in this fairs said of the Veterans budget, it is tion to the United States is extraor- bill to allow for those extraordinary a house of cards, and both he and I dinary. That is what they would like to events that occur. The other thing that know that all during the testimony do. ‘‘Extraordinary’’ is the word they has occurred is, this last year, is the that all of us felt that the budget was use over and over again. terrible tragedy that we had with the inadequate. I hope in the future that Now ‘‘extraordinary’’ can mean a lot shooting of two of the Capitol Police the gentleman from California (Mr. of different things to a lot of people. officers, and one of them under this bill FILNER) will take the time to sit in the For example, I mean just to take an ex- clearly would not qualify for burial at Cabinet office and explain to Mr. Togo aggerated example, Tom Brokaw wrote Arlington, and I know of very, very few West, who is the Secretary of Veterans, a great book that is at the top of the people in this Nation who do not be- how important it is to provide a budget New York Times best sellers’ list about lieve that Officer Gibson deserved bur- that is properly funded. When the Sec- the heroic acts of World War II. Would ial at Arlington Cemetery for giving retary presents a budget to us all we he, if this book was very popular, be al- his life to protect every American who should do is add or amend and not have lowed because of extraordinary was in the Capitol that day and plans to take a whole new rigorous approach achievement in the journalistic world? on coming to the Capitol, to protect and add more money like we did in our And, to take another exaggerated ex- this shrine of democracy. Veterans Committee. ample, if Madonna who went around So that is the problem I have with So I compliment the gentleman from and entertained veterans hospitals for this bill this year. We have not learned Arizona (Mr. STUMP) for taking the ini- many years, would she be allowed be- from the events of the last year, and I tiative in the face of many people in cause of extraordinary service? Or even think this is something that good faith this House who think that our veterans Steven Spielberg, could he be buried at people can work on. are a declining population and they do Arlington because of a future Private Now the alternative we have been not need additional services. Ryan movie? given under the language of this bill is But I rise, Mr. Speaker, in strong So, I think, as my colleagues know, that legislation could be passed. But support of H.R. 70, and commend our those exaggerated examples show that we all know there are going to be situ- chairman for his leadership in tackling this ‘‘extraordinary’’ status that is in- ations that will occur when Congress is this question surrounding burial at the cluded in their language is really sort not in session, when we are in the Au- Arlington National Cemetery. The leg- of a turnabout from what we are trying gust recess, when it is a week before a islation we take up was developed on a to specify here today. campaign and there has been a terrible

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5251 tragedy. There is not going to be a spe- full committee and will say to the For example, one possibility maybe cial session of Congress called to deal Members of the House, I share that should include, as my colleagues know, with it. same frustration about the timing of maybe twice a year, once a year, for- Beyond the inconvenience and the trying to make some kind of waiver mal accounting, as my colleagues problems of dealing with a family in a happen for those extraordinary cir- know, where we call up Arlington here 3- or 4-day period of time when we are cumstances. So I disagree a little bit to outline and discuss for us all the not in session is just the whole idea of with my good friend and colleague, the waivers this last year. thinking about dealing with a bill that gentleman from Florida (Mr. STEARNS) Another option ought to include, I has been filed with 10 cosponsors to on our side that there may be some ex- think, an immediate public notifica- open up Arlington to a specific mem- traordinary circumstances. In the case tion. ber. Are my colleagues going to be the of Officer Gibson, for example, we Another option may be that the Sec- people that step forward and say, ‘‘I am could have taken care of that, so to say retary of the Army could grant waivers going to vote against that family. They that we could have not allowed Officer after consultation with the ranking were not heroic enough.’’ I do not Gibson to be buried there is not exactly member and chairman of the Com- think that is the kind of legislation correct because we were back in ses- mittee on Veterans’ Affairs. that we are going to want to deal with sion the following week or so, so that Another option may be to have some down the line, so I personally think could have happened. In the case of kind of formal notification list; as my that legislation is an unsatisfactory Senator Kennedy, I am not sure and colleagues know, fax numbers of all the resolution. was not around. We have to check, if it VSOs and the subcommittee chairs and Another aspect of the bill I have was important, to see the schedule. ranking members. I am concerned, though, about the problems with that we did not talk As my colleagues know, at 10 p.m. on about much during committee is the point my colleague brings up about timing and how we would deal with a Saturday night the Secretary of the fact that monuments in Arlington Army issued a waiver for this person. under this bill will be limited to mili- that kind of situation if we were not in session, if the Congress was out for a That kind of constant public scrutiny tary events only. That means that the may deal with some of the concerns monument that is there now for Chal- month or two or whatever that happens to be. I think the gentleman from Ar- that we have had. So do not hang them lenger, for the Challenger disaster, the on that particular there. space shuttle disaster, under the lan- kansas is correct. I think there are Mr. STEARNS. If the gentleman guage of this bill we could have no fu- some circumstances when that may would yield just for another point, the ture monuments like that because the happen, and I also do not want to rule point I was going to try to make in this NASA mission is not a military event. out the possibility that at some point discussion is we have never mentioned I think that is unfortunate. I think the in time others besides us might make the word ‘‘heroics,’’ as my colleagues people that were in the space shuttle that decision. know. We are talking about individuals were clearly heroic folks. I do not have an answer for my col- that had heroic behavior in the service, In conclusion, I do not fault the in- league this morning, Mr. Speaker. I and I think we should recognize that is tent of this bill. I think, as my col- just want to say that I still share some the purpose and the value of Arlington leagues know, to codify this, to make of those frustrations with him, and I do Cemetery, is to recognize people who these rules known to people out in not know if we are going to vote on have extraordinary heroic behavior. America, what it means to be buried at this, I think shortly or later on today, So that is the point I wanted to Arlington, I think that is a noble ef- to not hold it up, to try to find a way when we go to conference with the Sen- make, and I thank that gentleman for fort. The problem I have is we have not ate, if there are some Members over having yielded. done the work on this side and we are there that feel strongly enough about going to turn our problem over to the Mr. SNYDER. If the gentleman from it, I would not rule out some more dis- Senate side. We are going over there Florida is offering that as amendment cussion, I guess. saying we know this bill needs work, for extraordinary heroic behavior as a Mr. Speaker, I thank the gentleman waiver, I think I can speak for the we have not figured out in 2 years how for having yielded. to do it, and we are going to say that ranking member, we would accept that Mr. SNYDER. Reclaiming my time, if amendment. we are satisfied sending the bill over I might, I had hoped that we could knowing that there are American he- Did I misunderstand the gentleman, have had these discussions at the sub- Mr. Speaker? roes down the line that we will want to committee level, but it got snowed out have in Arlington that will not be eli- Mr. EVANS. Mr. Speaker, I yield 2 in one of the great late winter snow- minutes to the gentleman from Cali- gible under the language of this bill, storms of 1999, but it was not resched- fornia (Mr. FILNER). and I do not think that is what the uled, and that is part of my frustration Mr. FILNER. Mr. Speaker, our inten- House of Representatives ought to do. today. We immediately went to the full tion is today, should be and is focused Mr. QUINN. Mr. Speaker, will the committee. That, in my opinion, did on the heroic actions of those buried at gentleman yield just for the purposes not allow for the kind of discussions of discussion on the floor? that need to occur at the sub- Arlington National Cemetery, but I Mr. SNYDER. I yield to the gen- committee level to improve the bill. thank the gentleman from Florida (Mr. tleman from New York. Mr. STEARNS. Mr. Speaker, will the STEARNS) for bringing up the budget Mr. QUINN. I want to, just for the gentleman yield for a question? and also for his nomination to the record, Mr. Speaker, state that I share Mr. SNYDER. I yield to the gen- President’s Cabinet. I thank the gen- some of the same frustrations that my tleman from Florida. tleman, Mr. STEARNS, but I wish we colleague shares. In fact, I think we Mr. STEARNS. Mr. Speaker, the gen- would have had this debate at the com- agree on a great portion of the bill, tleman from Arkansas talked about his mittee. As my colleagues know, we H.R. 70, that we are looking at today. desire to have it amended or changed were not allowed to. And Mr. STEARNS’ But I want to point out that between to put in place the words ‘‘acts or serv- criticism of the presidential budget is the last vote of 412 to 0 and today we ice of extraordinary service.’’ well founded, but that is history. The did not have any discussion, we just did Mr. SNYDER. If I may reclaim my President made his suggestion. It is not reach agreement on some of the time, Mr. Speaker, I did not speak Congress’ turn now. points that we are still stuck at today. about that today. I do not know that Mr. Speaker, my colleague can yell There was some discussion, not a whole that is the option that the gentleman at the President all he wants, as I lot of it in between, but there was some from California (Mr. FILNER) presented have, but now the gentleman is ac- discussion that took place. at the subcommittee level. I think countable, and I am accountable, and I also want to say to my colleague, as there are—there are several possibili- this Congress is accountable by law I have said to the subcommittee and ties. and by Constitution for the budget.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 5252 CONGRESSIONAL RECORD—HOUSE March 23, 1999 b 1145 suspend the rules and pass the bill, ‘‘(ii) notify each eligible lender of the establishment of the program under this para- The gentleman voted for a budget H.R. 70. The question was taken. graph, and otherwise take such actions as which went $1.9 billion above the Presi- may be necessary to aggressively market the dent’s. We offered an amendment to go Mr. STUMP. Mr. Speaker, on that I demand the yeas and nays. program under this paragraph. $3.2 billion above the President’s. That ‘‘(C) USE OF FUNDS.—A small business con- The yeas and nays were ordered. was not just dollars. It was to maintain cern that receives a loan guaranteed under The SPEAKER pro tempore. Pursu- the integrity of the VA health care sys- this paragraph shall only use the proceeds of ant to clause 8 of rule XX and the tem and other benefit systems. So the the loan to— Chair’s prior announcement, further gentleman voted for the $1.9 billion, ‘‘(i) address the Year 2000 computer prob- proceedings on this motion will be lems of that small business concern, includ- not for the $3.2 billion. postponed. ing the repair and acquisition of information The Republican budget that has come technology systems, the purchase and repair f onto the floor this week, I think goes of software, the purchase of consulting and about $.9 billion above the President’s. SMALL BUSINESS YEAR 2000 other third party services, and related ex- If the gentleman votes for that, that is READINESS ACT penses; and ‘‘(ii) provide relief for a substantial eco- his budget. It is not the President’s Mr. TALENT. Mr. Speaker, I move to anymore. It is the gentleman’s and it is nomic injury incurred by the small business suspend the rules and pass the Senate concern as a direct result of the Year 2000 $2.3 billion below what the VSOs, the bill (S. 314) to provide for a loan guar- veterans service organizations, have computer problems of the small business antee program to address the Year 2000 concern or of any other entity (including any suggested. computer problems of small business service provider or supplier of the small I say to the gentleman and I will say concerns, and for other purposes. business concern), if such economic injury to the House later this week, if the The Clerk read as follows: has not been compensated for by insurance gentleman votes ‘‘yes’’ for that budget or otherwise. S. 314 resolution he is supporting a budget ‘‘(D) LOAN AMOUNTS.— Be it enacted by the Senate and House of Rep- which is insufficient for veterans and ‘‘(i) IN GENERAL.—Notwithstanding para- resentatives of the United States of America in the Veterans Administration. It under- graph (3)(A) and subject to clause (ii) of this Congress assembled, subparagraph, a loan may be made to a bor- mines our contract with our Nation’s SECTION 1. SHORT TITLE. veterans. rower under this paragraph even if the total This Act may be cited as the ‘‘Small Busi- amount outstanding and committed (by par- The gentleman now has an oppor- ness Year 2000 Readiness Act’’. ticipation or otherwise) to the borrower from tunity to stop yelling at the President SEC. 2. FINDINGS. the business loan and investment fund, the and take responsibility for his vote, Congress finds that— business guaranty loan financing account, and I ask the gentleman, if he thinks (1) the failure of many computer programs and the business direct loan financing ac- that that budget is too low, as he says to recognize the Year 2000 may have extreme count would thereby exceed $750,000. the President’s was, vote ‘‘no’’ on the negative financial consequences in the Year ‘‘(ii) EXCEPTION.—A loan may not be made budget resolution. Join me in my re- 2000, and in subsequent years for both large to a borrower under this paragraph if the committal motion which will ask for and small businesses; total amount outstanding and committed (2) small businesses are well behind larger (by participation or otherwise) to the bor- the independent budget’s figure to be businesses in implementing corrective rower from the business loan and investment added to our budget resolution. changes to their automated systems; fund, the business guaranty loan financing Mr. EVANS. Mr. Speaker, I have no (3) many small businesses do not have ac- account, and the business direct loan financ- further requests for time, and I yield cess to capital to fix mission critical auto- ing account would thereby exceed $1,000,000. back the balance of my time. mated systems, which could result in severe ‘‘(E) ADMINISTRATION PARTICIPATION.—Not- Mr. STUMP. Mr. Speaker, I yield my- financial distress or failure for small busi- withstanding paragraph (2)(A), in an agree- self such time as I may consume. nesses; and ment to participate in a loan under this Mr. Speaker, I would like to thank (4) the failure of a large number of small paragraph, participation by the Administra- the gentleman from Illinois (Mr. businesses due to the Year 2000 computer tion shall not exceed— problem would have a highly detrimental ef- ‘‘(i) 85 percent of the balance of the financ- EVANS), the ranking member of the full fect on the economy in the Year 2000 and in ing outstanding at the time of disbursement committee, for the cooperation and the subsequent years. of the loan, if the balance exceeds $100,000; hard work he has done on this bill, as SEC. 3. YEAR 2000 COMPUTER PROBLEM LOAN ‘‘(ii) 90 percent of the balance of the fi- well as my two subcommittee chair- GUARANTEE PROGRAM. nancing outstanding at the time of disburse- men, the gentleman from New York (a) PROGRAM ESTABLISHED.—Section 7(a) of ment of the loan, if the balance is less than (Mr. QUINN) and the gentleman from the Small Business Act (15 U.S.C. 636(a)) is or equal to $100,000; and Florida (Mr. STEARNS). They have put amended by adding at the end the following: ‘‘(iii) notwithstanding clauses (i) and (ii), in an extraordinary amount of time. ‘‘(27) YEAR 2000 COMPUTER PROBLEM PRO- in any case in which the subject loan is proc- I do not want to leave the impression GRAM.— essed in accordance with the requirements ‘‘(A) DEFINITIONS.—In this paragraph— applicable to the SBAExpress Pilot Program, that we have not worked on this bill ‘‘(i) the term ‘eligible lender’ means any 50 percent of the balance outstanding at the since last year, as someone mentioned. lender designated by the Administration as time of disbursement of the loan. We have worked a lot on this bill. We eligible to participate in the general busi- ‘‘(F) PERIODIC REVIEWS.—The Inspector have made some technical changes. I ness loan program under this subsection; and General of the Administration shall periodi- have conferred with my counterpart, ‘‘(ii) the term ‘Year 2000 computer prob- cally review a representative sample of loans the chairman of the VA committee on lem’ means, with respect to information guaranteed under this paragraph to mitigate the Senate side, and I think we had an technology, and embedded systems, any the risk of fraud and ensure the safety and excellent time. problem that adversely effects the proc- soundness of the loan program. Unlike last year, we kind of ran out essing (including calculating, comparing, se- ‘‘(G) ANNUAL REPORT.—The Administration quencing, displaying, or storing), transmit- shall annually submit to the Committees on of time, an election year, end of ses- ting, or receiving of date-dependent data— Small Business of the House of Representa- sion. There simply was not enough ‘‘(I) from, into, or between— tives and the Senate a report on the results time to work these differences out. I ‘‘(aa) the 20th or 21st centuries; or of the program carried out under this para- believe that will happen this time, Mr. ‘‘(bb) the years 1999 and 2000; or graph during the preceding 12-month period, Speaker, and I am going to see that it ‘‘(II) with regard to leap year calculations. which shall include information relating to— does, if it is within my power. ‘‘(B) ESTABLISHMENT OF PROGRAM.—The Ad- ‘‘(i) the total number of loans guaranteed Mr. Speaker, I have no further re- ministration shall— under this paragraph; quests for time, and I yield back the ‘‘(i) establish a loan guarantee program, ‘‘(ii) with respect to each loan guaranteed under which the Administration may, during under this paragraph— balance of my time. the period beginning on the date of enact- ‘‘(I) the amount of the loan; The SPEAKER pro tempore (Mr. ment of this paragraph and ending on De- ‘‘(II) the geographic location of the bor- GOODLATTE). The question is on the cember 31, 2000, guarantee loans made by eli- rower; and motion offered by the gentleman from gible lenders to small business concerns in ‘‘(III) whether the loan was made to repair Arizona (Mr. STUMP) that the House accordance with this paragraph; and or replace information technology and other

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5253 automated systems or to remedy an eco- only one in four small business owners In closing, I would like to read a let- nomic injury; and consider Y2K a serious problem. ter I recently received from one of my ‘‘(iii) the total number of eligible lenders Today we are considering a very im- constituents which I believe clearly il- participating in the program.’’. portant piece of legislation that will lustrates the problems small businesses (b) GUIDELINES.— (1) IN GENERAL.—Not later than 30 days help small businesses achieve Y2K may face in the Year 2000. after the date of enactment of this Act, the compliance. The Small Business Year ‘‘Dear Congressman Talent: I own Administrator of the Small Business Admin- 2000 Readiness Act, S. 314, requires the and operate a small payroll service bu- istration shall issue guidelines to carry out Small Business Administration to es- reau in your district providing payroll the program under section 7(a)(27) of the tablish a limited-term loan program to services for over 100 client companies Small Business Act, as added by this section. assist small businesses in correcting and approximately 6,000 people. Our (2) REQUIREMENTS.—Except to the extent Y2K computer problems. Any of the gross income in many cases is just 50 that it would be inconsistent with this sec- more than 6,000 lenders nationwide cents per check in this extremely com- tion or section 7(a)(27) of the Small Business Act, as added by this section, the guidelines that are eligible to participate in petitive environment. It is my esti- issued under this subsection shall, with re- SBA’s 7(a) business loan program are mate that it will cost us about $27,000 spect to the loan program established under eligible to participate in the Y2K loan to $35,000 to obtain the needed payroll section 7(a)(27) of the Small Business Act, as program. software and computer hardware to be- added by this section— Under current law, the SBA may not come Y2K compliant. (A) provide maximum flexibility in the es- guarantee more than $750,000 to any ‘‘Obviously payroll checks issued for tablishment of terms and conditions of loans single borrower. This legislation estab- January of the Year 1900 are not likely originated under the loan program so that lishes a limited exception to current to be cashable at many banks. None of such loans may be structured in a manner that enhances the ability of the applicant to law so that the SBA may exceed that my clients will stay with us without repay the debt; amount by up to $250,000 for loans some assurance of valid checks come (B) if appropriate to facilitate repayment, under the Y2K loan program. January 1, 2000, so not complying establish a moratorium on principal pay- Small businesses may use the pro- would mean the death of my company. ments under the loan program for up to 1 ceeds of a loan for two purposes. First, It is going to take a significant portion year beginning on the date of the origination a small business may use the loan to of our revenues for several years to pay of the loan; correct Y2K problems affecting its own for the compliance we absolutely must (C) provide that any reasonable doubts re- information technology systems and have. This may mean going without an garding a loan applicant’s ability to service other automated systems. For exam- the debt be resolved in favor of the loan ap- income for me, possibly pay cuts for plicant; and ple, a small business is permitted to my employees, and paying high loan (D) authorize an eligible lender (as defined purchase or repair hardware or soft- interest rates for years. in section 7(a)(27)(A) of the Small Business ware or pay for consultants to repair ‘‘We are currently struggling to fig- Act, as added by this section) to process a its information technology systems. ure out a way to finance the upgrades loan under the loan program in accordance Second, a small business may use the needed to become compliant, instead of with the requirements applicable to loans loan proceeds to provide relief from working on getting the equipment and originated under another loan program es- economic injury suffered as a direct re- software and becoming compliant. It tablished pursuant to section 7(a) of the sult of its own Year 2000 problems or Small Business Act (including the general will take us about 3 months to convert business loan program, the Preferred Lender some other entity’s Y2K problems. all records, even after installing equip- Program, the Certified Lender Program, the The belief of many small businesses ment and software. Low Documentation Loan Program, and the that the Y2K problem does not affect ‘‘I would ask that you and the House SBAExpress Pilot Program), if— them because they do not own a large of Representatives move as quickly as (i) the eligible lender is eligible to partici- mainframe or PC is unrealistic. Many possible to approve a matching bill to pate in such other loan program; and of these businesses rely on a wide range S. 314 already passed. Once any legisla- (ii) the terms of the loan, including the of suppliers and customers who use tion passes, and the money finally principal amount of the loan, are consistent automated and computerized systems with the requirements applicable to loans comes down to my small business, I originated under such other loan program. for production, inventory, shipping and still face months of work to finish (c) REPEAL.—Effective on December 31, billing purposes. If one of these links in what you are starting. 2000, this section and the amendments made a small business’ supply and demand ‘‘Thank you very much for your con- by this section are repealed. chain is broken due to a computer sys- sideration of the immense pressures The SPEAKER pro tempore. Pursu- tem that is not Y2K complaint, it could this issue has added to many small ant to the rule, the gentleman from lead to irreparable damage to a busi- businesses already dealing with a host Missouri (Mr. TALENT) and the gentle- ness that lacks a large capital pool. of other problems,’’ and it is signed woman from New York (Ms. Other Y2K-related problems that with a constituent’s name. VELA´ ZQUEZ) each will control 20 min- could affect small businesses include That, I think, illustrates the reason utes. interest calculation errors, bank ac- why we have this bill before the House. The Chair recognizes the gentleman count balance errors, and disruption of I thank my friend, the ranking member from Missouri (Mr. TALENT). service on production lines. Addition- of the committee, the gentlewoman Mr. TALENT. Mr. Speaker, I yield ally, in our continuously expanding from New York (Ms. VELA´ ZQUEZ) for myself such time as I may consume. marketplace, small business owners her help. Mr. Speaker, the Year 2000 computer who have contact with overseas cor- Mr. Speaker, I reserve the balance of problem, commonly known as Y2K, has porations need to discover whether or my time. the potential to disrupt many of this not their foreign trading partners are Ms. VELA´ ZQUEZ. Mr. Speaker, I Nation’s small to medium-sized busi- Y2K compliant. yield myself such time as I may con- nesses at the turn of the century. The There is one positive aspect of the sume. Y2K problem exists because many com- Y2K problem, Mr. Speaker. We know Mr. Speaker, I rise in support of S. puters and embedded chips cannot what it is and we know when it will 314, the Small Business Year 2000 Read- process dates beyond December 31, 1999. strike. Unlike other disasters that iness Act. Providing small businesses Although computer programmers strike unexpectedly, American small with access to the capital they need to have known about this problem since businesses can prepare for this poten- prepare themselves for the Year 2000 is at least the late 1960s, many small tial problem and, in fact, help to blunt important for the safety and soundness business owners have not taken any ac- its impact. The loan program estab- of our economy. tion toward correcting any possible lished by the Small Business Year 2000 The Year 2000 problem is one of the Y2K problems they may have. In fact, Readiness Act will be instrumental in most critical issues facing America’s according to a recent study by the preparing our Nation’s small busi- small businesses. It is not even Janu- NFIB, a small business association, nesses for the turn of the century. ary 1, 2000, and already some businesses

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 5254 CONGRESSIONAL RECORD—HOUSE March 23, 1999 are experiencing difficulties. Unless ac- Mr. Speaker, this is the sixth piece of believe that this, simple bill, has the potential tion is taken soon, the closer to this legislation that the Committee on to do a great deal of good, and I, like my col- date we get, the more problems our Na- Small Business has brought before this leagues in the Senate, urge its passage. tion’s businesses can expect. House in these first months of the 106th Mr. TALENT. Mr. Speaker, I yield Although no one knows for certain Congress. We have moved all these back the balance of my time. what impact Y2K will have, most ex- measures on a bipartisan basis and in Ms. VELA´ ZQUEZ. Mr. Speaker, I perts believe that computer-related fact, so far, Mr. Speaker, we have been yield back the balance of my time. problems will be wide-ranging, from able to move our legislative agenda on The SPEAKER pro tempore. The miscalculation in insurance and loan a bicameral basis. question is on the motion offered by rates to brownouts caused by malfunc- I would like to thank all the mem- the gentleman from Missouri (Mr. TAL- tioning power plants. In fact, some bers of the committee for making the ENT) that the House suspend the rules equipment may stop working alto- past few months a success for the com- and pass the Senate bill, S. 314. gether. The economic impact could be mittee. I also want to thank the com- The question was taken; and (two- disastrous not only for the United mittee staff on both sides of the aisle thirds having voted in favor thereof) States but also for the global economy. that worked so effectively to help our the rules were suspended and the Sen- The overall cost to the American committee accomplish its goals. ate bill was passed. economy could be as high as $119 bil- I do not normally thank staff in A motion to reconsider was laid on lion in lost output between now and these kinds of debates, Mr. Speaker, the table. 2001. In addition to this figure, the eco- but I think it is appropriate given the f nomic growth rate could slow, inflation fine work so far. On the Democratic could rise and productivity could drop. staff, I would like to thank George b 1200 For small businesses, which may not Randels, Catherine Cruz-Wojtasik, Mi- GENERAL LEAVE have adequate resources to deal with chael Klier and Michael Day. On the this problem, the effects could be dev- Mr. TALENT. Mr. Speaker, I ask Republican staff, I would like to thank unanimous consent that all Members astating. Estimates indicate that up to Charles Rowe, Meredith Matty, 7 percent of U.S. businesses will fail may have 5 legislative days within Dwayne Andrews, Stephanie O’Donnell, which to revise and extend their re- due to the lack of Y2K readiness. Clear- Larry McCredy, Paul Denham and ly, something must be done to mini- marks and include extraneous material Harry Katrichis. on S. 314. mize the effects of the Year 2000 prob- This is a very important piece of leg- lem. The SPEAKER pro tempore (Mr. islation, Mr. Speaker, to help our small GOODLATTE). Is there objection to the Despite all of this information and business community in dealing with the dire forecast for the economy, a re- request of the gentleman from Mis- what could be a very significant prob- cent study conducted by the National souri? lem. I urge the House to support it. Federation of Independent Businesses There was no objection. Ms. JACKSON-LEE of Texas. Mr. Speaker, and Wells Fargo Bank found that fewer f I rise to speak on behalf of this bill, which en- than 23 percent of small business own- courages our small businesses to address the SMALL BUSINESS INVESTMENT ers consider Y2K a serious problem. Ad- Y2K computer problem. I support S. 314 as a IMPROVEMENT ACT OF 1999 ditionally, the report stated that only necessary support tool for small businesses 41 percent addressed or planned to ad- Mr. TALENT. Mr. Speaker, I move to dealing with Y2K. dress this issue. There are many rea- suspend the rules and concur in the This bill requires the Small Business Admin- sons for this, ranging from lack of un- Senate amendment to the bill (H.R. 68) istration (SBA) to establish a new loan pro- derstanding to inadequate resources. to amend section 20 of the Small Busi- Today’s legislation tackles one prob- gram that would give small businesses, who ness Act and make technical correc- lem faced by small businesses pre- often do not have a great deal of money for tions in title III of the Small Business paring for the Y2K: access to capital. S. capital investment, the opportunity to address Investment Act. 314, the Small Business Year 2000 Read- the Y2K conversion in a responsible manner. The Clerk read as follows: iness Act, would remedy this by pro- The Administration has gone through great Senate amendment: viding greater flexibility through the pains to work through the Y2K bug, and to Strike out all after the enacting clause and insert: 7(a) program to help businesses deal make sure that the United States survives the with their readiness. This legislation transition to next year with minimal discomfort. SECTION 1. SHORT TITLE. Among the programs that the Administration This Act may be cited as the ‘‘Small Business will also increase the number and Investment Improvement Act of 1999’’. amount of loans available to small has created are several instituted by the SBA SEC. 2. SBIC PROGRAM. businesses. Repayment of loans will be and the National Institute of Standards and (a) IN GENERAL.—Section 308(i)(2) of the Small structured to help businesses with Technology (NIST), which are aimed exclusively at getting small business on the track to Business Investment Act of 1958 (15 U.S.C. their cash flow and in their planning 687(i)(2)) is amended by adding at the end the for the coming year. Y2K Compliance. following: ‘‘In this paragraph, the term ‘inter- Mr. Speaker, we should all take the These programs are vital in my district, and est’ includes only the maximum mandatory sum, threat that the Year 2000 problem poses in areas throughout the country, where small expressed in dollars or as a percentage rate, that to our small business community very businesses are responsible for providing many is payable with respect to the business loan seriously. We must continue to work of the most important services to the commu- amount received by the small business concern, together to make businesses aware of nity. In many urban neighborhoods, for in- and does not include the value, if any, of con- stance, the largest grocery stores are the tingent obligations, including warrants, royalty, the need to prepare for Y2K, and we or conversion rights, granting the small business must continue finding ways to help mom-and-pop shops on the corner—which would be called ‘‘convenience stores’’ in the investment company an ownership interest in small businesses become ready. the equity or increased future revenue of the S. 314 is a step in that direction. I suburbs. These small shops are, for many small business concern receiving the business urge my colleagues to support this leg- whom do not have cars or whom rely on pub- loan.’’. islation. lic transportation, their only source for food (b) FUNDING LEVELS.—Section 20 of the Small Mr. Speaker, I reserve the balance of and other necessary goods—and we simply Business Act (15 U.S.C. 631 note) is amended— my time. cannot afford to have them shut down for any (1) in subsection (d)(1)(C)(i), by striking Mr. TALENT. Mr. Speaker, I yield amount of time. ‘‘$800,000,000’’ and inserting ‘‘$1,200,000,000’’; myself such time as I may consume. Most of the growth in our economy can be and Mr. Speaker, in closing, I would like attributed to the revitalization of our small and (2) in subsection (e)(1)(C)(i), by striking ‘‘$900,000,000’’ and inserting ‘‘$1,500,000,000’’. to thank our distinguished ranking medium-sized businesses, and we ought to (c) DEFINITIONS.— member, the gentlewoman from New ensure that no phenomenon, whether an act (1) SMALL BUSINESS CONCERN.—Section 103(5) York (Ms. VELA´ ZQUEZ), for her work on of God or the miscalculation of a computer de- of the Small Business Investment Act of 1958 (15 this legislation. signed decades ago, will curb that growth. I U.S.C. 662(5)) is amended—

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0688 Sfmt 6333 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5255 (A) by redesignating subparagraphs (A) The Chair recognizes the gentleman cates that are large enough to generate through (C) as clauses (i) through (iii), and in- from Missouri (Mr. TALENT). serious investor interest, so H.R. 68 al- denting appropriately; Mr. TALENT. Mr. Speaker, I yield lows more time between fundings. That (B) in clause (iii), as redesignated, by adding myself such time as I may consume. will permit the SBA and the industry ‘‘and’’ at the end; (C) by striking ‘‘purposes of this Act, an in- Mr. Speaker, I want to begin by to form larger pools for sale in the vestment’’ and inserting the following: ‘‘pur- thanking my colleague, the ranking market. poses of this Act— member of the Committee on Small The Senate’s changes to H.R. 68 in- ‘‘(A) an investment’’; and Business, the gentlewoman from New volve the further fine tuning of the leg- (D) by adding at the end the following: York (Ms. VELA´ ZQUEZ) for her assist- islation which originated here at the ‘‘(B) in determining whether a business con- ance in moving this bill, and her help beginning of this Congress. The other cern satisfies net income standards established in fashioning it. body added a technical correction, pursuant to section 3(a)(2) of the Small Business The bill before us is almost identical Act, if the business concern is not required by eliminating the table of contents in the law to pay Federal income taxes at the enter- to the measure which was passed by Small Business Investment Act. They prise level, but is required to pass income this House at the beginning of last reworded the language regarding the through to the shareholders, partners, bene- month as the first bill passed through small business standard for SBIC in- ficiaries, or other equitable owners of the busi- the 106th Congress. The other body vestments, and they clarified the for- ness concern, the net income of the business acted on this legislation yesterday, and mula for addressing taxes so that it is concern shall be determined by allowing a de- I am pleased to bring it before the clear that State taxes could not be deduction in an amount equal to the sum of— House today for purposes of further ac- ducted twice. ‘‘(i) if the business concern is not required by tion, and I hope and trust final pas- Those changes are all acceptable to law to pay State (and local, if any) income taxes at the enterprise level, the net income (deter- sage. the committee, to the ranking member mined without regard to this subparagraph), The purpose of H.R. 68 is to make and myself. I think they were good multiplied by the marginal State income tax rate technical corrections to Title III of the changes, if not really significant ones. (or by the combined State and local income tax Small Business Investment Act. That I would urge the House to accept them. rates, as applicable) that would have applied if title authorizes the Small Business In- Again, I want to thank the gentle- the business concern were a corporation; and vestment Company program. Small woman from New York (Ms. ‘‘(ii) the net income (so determined) less any Business Investment Companies, or VELA´ ZQUEZ) and her staff for their as- deduction for State (and local) income taxes cal- SBICs, are venture capital firms li- sistance in moving the measure before culated under clause (i), multiplied by the marginal Federal income tax rate that would have censed by the Small Business Adminis- us. I also want to thank the chairman applied if the business concern were a corpora- tration. They use SBA guarantees to and ranking member of the Committee tion;’’. leverage private capital for small busi- on Small Business in the other body, (2) SMALLER ENTERPRISE.—Section nesses. The technical corrections pro- Senators KIT BOND and JOHN KERRY 103(12)(A)(ii) of the Small Business Investment posed by H.R. 68 will improve the flexi- and their staffs, for their expeditious Act of 1958 (15 U.S.C. 662(12)(A)(ii)) is amended bility of the SBIC program and allow action on this important legislation. by inserting before the semicolon at the end the increased access to this program by I urge my colleagues to adopt the following: ‘‘except that, for purposes of this small businesses. Senate amendments and support H.R. clause, if the business concern is not required by I just want to hit today, Mr. Speaker, law to pay Federal income taxes at the enter- 68. prise level, but is required to pass income the major changes of the underlying Mr. Speaker, I reserve the balance of through to the shareholders, partners, bene- SBIC Act by H.R. 68. my time. ficiaries, or other equitable owners of the busi- First, H.R. 68 would change policies Ms. VELA´ ZQUEZ. Mr. Speaker, I ness concern, the net income of the business which currently reserve leverage for yield myself such time as I may con- concern shall be determined by allowing a de- smaller SBICs. We thought at the time sume. duction in an amount equal to the sum of— the bill was passed this would be nec- Mr. Speaker, I want to take this op- ‘‘(I) if the business concern is not required by essary to give them a fair shake, but as portunity to thank the chairman for law to pay State (and local, if any) income taxes a matter of fact, we are finding that moving expeditiously this legislation. I at the enterprise level, the net income (determined without regard to this clause), multiplied the SBA’s own policies are more than rise in strong support of H.R. 68, the by the marginal State income tax rate (or by the adequate in that regard, and that in Small Business Investment Company combined State and local income tax rates, as fact this has the effect of hurting cer- Technical Corrections Act. Last month applicable) that would have applied if the busi- tain small businesses because it re- H.R. 68 was the first piece of legislation ness concern were a corporation; and serves too much of the leverage until to pass the 106th Congress. Today, after ‘‘(II) the net income (so determined) less any the end of the year, so we need to re- the Senate has made some technical deduction for State (and local) income taxes cal- peal that. corrections which clarified the as- culated under subclause (I), multiplied by the H.R. 68 has a small authorization sumed tax provisions, we will once marginal Federal income tax rate that would have applied if the business concern were a cor- level for the participating securities again pass this bipartisan legislation poration’’. segment of the SBIC program. The and send it to the President. (d) TECHNICAL CORRECTIONS.— level would rise from $800 million to As a cosponsor of last year’s bill and (1) REPEAL.—Section 303(g) of the Small Busi- $1.2 billion in fiscal year 1999, and from an original cosponsor of this legisla- ness Investment Act of 1958 (15 U.S.C. 683(g)) is $900 million to $1.5 billion in fiscal year tion, I strongly support the improve- amended by striking paragraph (13). 2000. That is necessary to meet rising ments we are making to the Small (2) ISSUANCE OF GUARANTEES AND TRUST CER- demand. Business Investment Act and the Small TIFICATES.—Section 320 of the Small Business H.R. 68 modifies a test for deter- Business Investment Company program Investment Act of 1958 (15 U.S.C. 687m) is amended by striking ‘‘6’’ and inserting ‘‘12’’. mining the eligibility of small busi- to date. These changes will only serve (3) ELIMINATION OF TABLE OF CONTENTS.—Sec- nesses for SBIC financing, and basi- to make the SBIC program more effi- tion 101 of the Small Business Investment Act of cally puts S corporations on the same cient and responsive to the needs of 1958 (15 U.S.C. 661 note) is amended to read as footing as other corporations, and al- small entrepreneurs. follows: lows them to participate equally in the There is no question that the value of ‘‘SEC. 101. SHORT TITLE. program. the SBIC has been felt across this Na- ‘‘This Act may be cited as the ‘Small Business Finally, H.R. 68 will allow the SBA tion. SBICs have invested nearly $15 Investment Act of 1958’.’’. greater flexibility in issuing trust cer- billion in long-term debt and equity The SPEAKER pro tempore. Pursu- tificates to finance the SBIC program’s capital to over 90,000 small businesses. ant to the rule, the gentleman from investment in small businesses. Cur- Over the years, SBICs have given com- Missouri (Mr. TALENT) and the gentle- rent law allows fundings to be issued panies like Intel Corporation, Federal woman from New York (Ms. every 6 months or more frequently. Express, and American Airlines the VELA´ ZQUEZ) each will control 20 min- This inhibits the ability of the SBICs push they needed to succeed. And be- utes. and the SBA to form pools of certifi- cause of SBICs, millions of jobs have

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 5256 CONGRESSIONAL RECORD—HOUSE March 23, 1999 been created and billions of dollars There was no objection. In 1993 Judge Cahn was appointed the have been added into our economy. f court’s chief judge until his retirement Even as America experiences the in December, 1998. This is a deserving EDWARD N. CAHN FEDERAL longest period of economic growth in honor to an exceptional jurist and a BUILDING AND UNITED STATES decades, there are still many disadvan- local Lehigh Valley hero. I support this COURTHOUSE taged urban and rural communities bill, and encourage my colleagues to that are being left behind. One way of Mr. FRANKS of New Jersey. Mr. support it, as well. bringing economic development and Speaker, I move to suspend the rules Mr. Speaker, I reserve the balance of prosperity to more Americans is and pass the bill (H.R. 751) to designate my time. through the SBIC program. the Federal building and United States Mr. SHOWS. Mr. Speaker, I yield my- In fact, SBICs are such a powerful courthouse located at 504 Hamilton self such time as I may consume. tool that the President’s new economic Street in Allentown, Pennsylvania, as Mr. Speaker, House Resolution 751 is initiatives for the distressed commu- the ‘‘Edward N. Cahn Federal Building a bill to designate the Federal building nities which he announced in his State and United States Courthouse,’’ as and United States courthouse in Allen- of the Union Address is based on the amended. town, Pennsylvania, as the Edward N. solid framework of the SBIC program. The Clerk read as follows: Cahn Federal Building and United Today’s legislation answers the Presi- H.R. 751 States Courthouse. dent’s challenge and makes it easier Be it enacted by the Senate and House of Rep- Judge Cahn has been serving the citi- for small businesses, especially in resentatives of the United States of America in zens of Allentown, Pennsylvania, and those targeted urban and rural areas, Congress assembled, Lehigh county for four decades. He is a to access the capital that they need. SECTION 1. DESIGNATION. native of Allentown, and attended Le- H.R. 68 ensures that the next Fedexes The Federal building and United States court- high University. He graduated Magna and AOLs of this country continue to house located at 504 West Hamilton Street in Al- Cum Laude in 1955. After graduating have a fighting chance. The proposal is lentown, Pennsylvania, shall be known and des- from Yale in 1958, Judge Cahn was ad- ignated as the ‘‘Edward N. Cahn Federal Build- mitted to the Lehigh County Court in simple. By streamlining the process ing and United States Courthouse’’. and increasing flexibility, SBICs will 1959. SEC. 2. REFERENCES. In 1975 President Ford nominated be able to creatively finance more busi- Any reference in a law, map, regulation, doc- nesses. ument, paper, or other record of the United him for the Federal bench in Penn- Recently we have also seen the SBIC States to the Federal building and United States sylvania’s Eastern District Court. program expand into new areas. Last courthouse referred to in section 1 shall be Judge Cahn worked from the Federal year we witnessed the creation of two deemed to be a reference to the ‘‘Edward N. bench for the next 23 years in Allen- women-owned SBICs and the establish- Cahn Federal Building and United States town. Throughout his long, distin- ment of the first Hispanic-owned firm. Courthouse’’. guished legal career Judge Cahn was The changes we are making today are The SPEAKER pro tempore. Pursu- known for his attention to detail and part of an ongoing process that will en- ant to the rule, the gentleman from his fairness. He has been a mentor to able us to provide creative financing to New Jersey (Mr. FRANKS) and the gen- others, impressing on other lawyers more small businesses more efficiently. tleman from Mississippi (Mr. SHOWS) that all cases are important and de- I am pleased once again to join the each will control 20 minutes. serving of attention. It is very fitting distinguished chairman in support of The Chair recognizes the gentleman that we acknowledge the outstanding the proposed corrections, and I urge from New Jersey (Mr. FRANKS). contributions of Judge Cahn by desig- the adoption of this legislation. Mr. FRANKS of New Jersey. Mr. nating the courthouse in Allentown, Mr. Speaker, I have no further re- Speaker, I yield myself such time as I Pennsylvania, in his honor. quests for time, and I yield back the may consume. Mr. Speaker, I reserve the balance of balance of my time. Mr. Speaker, H.R. 751, as amended, my time. Mr. TALENT. Mr. Speaker, I yield the Federal building and United States Mr. FRANKS of Connecticut. Mr. myself such time as I may consume. courthouse in Allentown, Pennsyl- Speaker, I yield such time as he may Mr. Speaker, I simply would again vania, as the Edward N. Cahn Federal consume to the gentleman from Allen- encourage the House to concur in the Building and United States Court- town, Pennsylvania (Mr. TOOMEY). Senate amendments to H.R. 68. house. Mr. TOOMEY. Mr. Speaker, I rise Mr. Speaker, I yield back the balance Judge Cahn was born and raised in today to urge my colleagues to pass of my time. Allentown, Pennsylvania. It is said H.R. 751, a bill I introduced to name Al- The SPEAKER pro tempore. The Judge Cahn was quite a basketball star lentown’s Federal courthouse for re- question is on the motion offered by where he was part of the Allentown tired Judge Edward N. Cahn. the gentleman from Missouri (Mr. TAL- High championship team in 1951. He Judge Cahn, as a native of Penn- ENT) that the House suspend the rules went on to attend Lehigh University, sylvania’s Lehigh Valley, has honored and concur in the Senate amendment and graduated magna cum laude in our community with his service as a to the bill, H.R. 68. 1955. Judge Cahn was the first Lehigh Federal judge and the determination he The question was taken; and (two- University basketball player to score has brought to everything that he has thirds having voted in favor thereof) 1,000 points during his collegiate ca- done. the rules were suspended and the Sen- reer. The outpouring of community sup- ate amendment was concurred in. After graduating from Yale Law port to name Allentown’s courthouse A motion to reconsider was laid on School, Judge Cahn returned to the Le- after Judge Cahn has been substantial the table. high Valley. He was in the United and bipartisan. Judges, prosecutors, de- f States Marine Corps Reserve until 1964, fenders, corporate attorneys, civil law- and active in private law practice until yers, and many others have asked that GENERAL LEAVE 1974. Judge Cahn be honored with this dis- Mr. TALENT. Mr. Speaker, I ask In 1975 President Ford appointed Ed- tinction. His childhood friend and col- unanimous consent that all Members ward Cahn to Pennsylvania’s Eastern league, Judge Arnold Rappoport, once may have 5 legislative days within District Federal Court. For the next 23 said, ‘‘Whether it’s being captain of the which to revise and extend their re- years, Judge Cahn fairly and expedi- basketball team at Lehigh University marks and include extraneous matter tiously administered the law from the or being in the Marines, he has a pio- on H.R. 68. Federal bench in Allentown, Pennsyl- neering will to achieve. The energy and The SPEAKER pro tempore. Is there vania, the only judge in the Third Cir- drive never changed.’’ objection to the request of the gen- cuit to work out of the Allentown Judge Cahn served on the Federal tleman from Missouri? courthouse. bench for 23 years, including 5 years as

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5257 chief judge. As a jurist and a public Mr. Speaker, I rise in strong support and pass the bill (H.R. 130) to designate servant, he instilled the virtue of fair- of this resolution today, and I would the United States Courthouse located ness and equality under the law. He re- like to commend my colleague, the at 40 Centre Street in New York, New mains the only Federal jurist to come gentleman from Lehigh Valley, Penn- York, as the ‘‘Thurgood Marshall from Lehigh County lawyers. In fact, if sylvania (Mr. TOOMEY) for bringing this United States Courthouse’’. it were not for Judge Cahn’s influence legislation to the floor. The Clerk read as follows: and enormous efforts, Allentown may Before coming to Congress, Mr. H.R. 130 not now have this beautiful new court- Speaker, I had the great opportunity to Be it enacted by the Senate and House of Rep- house. It is only fitting that this court- serve as sheriff of Schuylkill County, resentatives of the United States of America in house bear his name. Pennsylvania, for 7 years. Congress assembled, Beyond the physical structure of the SECTION 1. DESIGNATION. b 1215 building, Judge Cahn is widely helping The United States courthouse located at 40 with helping Lehigh Valley garner the During that time period, I had a Centre Street in New York, New York, shall chance to get to know Judge Cahn, and be known and designated as the ‘‘Thurgood respect and recognition it deserves Marshall United States Courthouse’’. within the Federal legal community. I just wanted to say that he is an honest, sincere, hardworking person who SEC. 2. REFERENCES. Judge Cahn’s former law partner, John Any references in a law, map, regulation, Roberts, says, the Federal bench has has dedicated his life to serving, not document, paper, or other record of the lost a star. only the people of Lehigh Valley but United States to the United States court- I agree, and I would like to take this the people of Pennsylvania and the house referred to in section 1 shall be deemed opportunity to remind us all that we people of this great country. He has to be a reference to the ‘‘Thurgood Marshall should not underestimate the impor- served with distinction on the bench, United States Courthouse’’. tance of a community having represen- and his knowledge of law and his sense The SPEAKER pro tempore. Pursu- tation on the Federal bench. It is some- of fairness is beyond question. ant to the rule, the gentleman from thing Judge Cahn always believed and I would just like to say that Judge New Jersey (Mr. FRANKS) and the gen- stresses to this day. Cahn so much deserves this honor tleman from Mississippi (Mr. SHOWS) Federal courts should be reflective of today to have that beautiful court- each will control 20 minutes. all constituents within their borders. house in Allentown named after him The Chair recognizes the gentleman Nothing can substitute for the personal for his distinguished service. I would from New Jersey (Mr. FRANKS). knowledge and experience of living and like to wish Judge Cahn and his family Mr. FRANKS of New Jersey. Mr. working in a region. Judges who under- many, many years of happy retire- Speaker, I yield myself such time as I stand a region’s customs and history ment. I am sure he is going to serve in may consume. better understand their jurists, plain- senior status and continue to serve the Mr. Speaker, H.R. 130 designates the tiffs, and defendants. people in Lehigh Valley. United States courthouse at 40 Centre That is why the Lehigh Valley must Mr. Speaker, I want to lend my Street in New York City as the have a trial judge on the Federal strong support and again thank the ‘‘Thurgood Marshall United States bench, and why I am committed to gentleman from Pennsylvania (Mr. Courthouse.’’ Thurgood Marshall was working with my colleagues to fill TOOMEY), my friend from Lehigh Val- born in Baltimore, Maryland. He grad- Judge Cahn’s seat with a native of the ley, for bringing this legislation to the uated cum laude from Lincoln Univer- Lehigh Valley. floor. I agree with everything he said sity in 1930 and graduated top of his In conclusion, Judge Cahn is already except that we will fill that vacancy in class from Howard University School of missed on the Federal bench, but per- the Lehigh Valley right after we fill it Law in 1933. haps naming the courthouse after him with the judgeship from Berks County, Upon graduation from law school, will serve as an enduring reminder of Pennsylvania to take Judge Cahn’s Justice Marshall began his legal career the contributions he has made to the place. with the National Association for the administration of justice in Pennsyl- Mr. FRANKS of New Jersey. Mr. Advancement of Colored People. As vania. Speaker, I yield back the balance of chief counsel, he organized efforts to I would like to thank several people my time. end segregation in voting, housing, who have been very supportive of this Mr. SHOWS. Mr. Speaker, I have no public accommodations, and education. measure: first, the gentleman from additional requests for time, and I These efforts led to the landmark Su- Pennsylvania (Mr. HOLDEN), a fellow yield back the balance of my time. preme Court decision of Brown versus member of the Pennsylvania delega- The SPEAKER pro tempore (Mr. Board of Education, which declared tion; the Committee on Transportation GOODLATTE). The question is on the segregation in public schools to be un- and Infrastructure, and its chairman, motion offered by the gentleman from constitutional. the gentleman from Pennsylvania (Mr. New Jersey (Mr. FRANKS) that the In 1961, Justice Marshall was ap- BUD SHUSTER), as well as the ranking House suspend the rules and pass the pointed to the Second Circuit Court of member, the gentleman from Illinois bill, H.R. 751, as amended. Appeals by President Kennedy and four (Mr. WILLIAM LIPINSKI); the Sub- The question was taken; and (two- years later was chosen by President committee on Buildings and Economic thirds having voted in favor thereof) Johnson to be the first African Amer- Development, and the chairman, the the rules were suspended and the bill, ican Solicitor General. gentleman from New Jersey (Mr. BOB as amended, was passed. Two years later, in 1967, President FRANKS), as well as the ranking mem- The title of the bill was amended so Johnson nominated Justice Marshall ber, the gentleman from West Virginia as to read: to become the first African American (Mr. ROBERT WISE). I would also like to ‘‘A bill to designate the Federal Justice of the Supreme Court, where he thank the majority leader, the gen- building and United States courthouse served with distinction until his retire- tleman from Texas (Mr. DICK ARMEY) located at 504 West Hamilton Street in ment in 1991. for his support in this. Allentown, Pennsylvania, as the ‘Ed- Justice Marshall died in 1993 and laid Finally, I urge my colleagues to pass ward N. Cahn Federal Building and in State in the Supreme Court build- H.R. 751, and give honor to Allentown’s United States Courthouse’.’’. ing, a rare and privileged honor. courthouse and the man who made it A motion to reconsider was laid on This is a fitting tribute to an hon- possible. the table. ored jurist and a great historical fig- Mr. SHOWS. Mr. Speaker, I yield f ure. I support the bill and urge my col- such time as he may consume to the leagues to support it. gentleman from Pennsylvania (Mr. THURGOOD MARSHALL UNITED Mr. Speaker, I reserve the balance of HOLDEN). STATES COURTHOUSE my time. Mr. HOLDEN. Mr. Speaker, I thank Mr. FRANKS of New Jersey. Mr. Mr. SHOWS. Mr. Speaker, I yield my- the gentleman for yielding time to me. Speaker, I move to suspend the rules self such time as I may consume.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 5258 CONGRESSIONAL RECORD—HOUSE March 23, 1999 Mr. Speaker, H.R. 130 is a bill to Thurgood Marshall was born July 2, construction in 1935. I believe that name the Federal courthouse located 1908 in Baltimore, Maryland. After at- identifying this courthouse with Jus- at 40 Centre Street in New York City in tending public schools in Maryland, he tice Marshall would be a fitting com- honor of former Supreme Court Justice received his bachelor’s degree from memoration of his life’s pursuit of jus- Thurgood Marshall. I thank the gen- Lincoln University in Pennsylvania tice and equality under the law. The tleman from New York (Mr. ENGEL) for and his law degree from Howard Uni- Thurgood family is delighted to have introducing the bill and for his stead- versity right here in Washington, D.C. this important courthouse named after fast support of this legislation. where he graduated first in his class. Justice Thurgood Marshall. The career and character and con- After handling a variety of private I urge my colleagues to offer this tributions of Judge Marshall are with- legal cases, Thurgood Marshall was ap- tribute to Justice Thurgood Marshall out equal. His struggles for equality pointed in 1936 as Special Counsel to and to support H.R. 130. I just want to and dignity for all people were of his- the NAACP, the National Association thank my colleagues, the gentleman torical proportions. for the Advancement of Colored Peo- from Pennsylvania (Mr. SHUSTER), the In 1961, President John Kennedy apple. Only 3 years later, Marshall found- gentleman from Minnesota (Mr. OBER- pointed Marshall as a judge on the ed the NAACP Legal Defense and Edu- STAR), the gentleman from New Jersey United States Court of Appeals. Mar- cation Fund, one of the great protec- (Mr. FRANKS), and the gentleman from shall was the first African American to tors of civil rights in our country’s his- West Virginia (Mr. WISE), for their co- receive such an appointment. President tory. operation and strong support for this Johnson appointed Marshall as Solic- I would urge my colleagues com- bill. I appreciate their collegiality itor General, and in 1967 he was ap- memorating the life of Thurgood Mar- very, very much. pointed to the United States Supreme shall today to cosponsor H. Con. Res. Mr. SHOWS. Mr. Speaker, I yield Court where he served until 1991. 33, my legislation, which commemo- such time as he may consume to the As my colleagues know, Justice Mar- rates the 90th anniversary of the found- gentleman from Minnesota (Mr. OBER- shall was born and brought up in Balti- ing of the NAACP. STAR), the ranking Democratic member more and graduated first in his class While at the NAACP, Thurgood Mar- on the Committee on Transportation from Howard University Law School. shall won 29 of 32 cases he argued be- and Infrastructure. The brilliance of his legal career is fore the United States Supreme Court. Mr. OBERSTAR. Mr. Speaker, I highlighted in the famous 1954 Brown Most prominent of Marshall’s victories thank the gentleman from Mississippi versus Board of Education of Topeka of course was Brown versus Board of for yielding me this time. case in which ration segregation in the Education, that famous 1954 case, in Mr. Speaker, we gather here in this United States public schools was de- which the Supreme Court struck down Chamber and with this bill before us to clared unconstitutional. the separate but equal policy that was pay tribute and to honor a giant of the Justice Marshall’s visions for the fu- used to justify public school segrega- law and of the Constitution. In hon- ture required constant and personal commitment by each citizens to racial tion that had been in effect since 1896. oring Thurgood Marshall, we honor and While at the NAACP, Marshall also equality. Justice Marshall has given to pay tribute to all that is good and won important cases against discrimi- the American public an enduring sym- great in the history of democracy in natory poll taxes, racial restrictions in bol of hard work, determination, fair- America, for he personified what our housing, and whites-only primary elec- ness, and honor. American war revolution was all about, Mr. Speaker, I am greatly honored tions. what the framers of the Constitution and pleased to support H.R. 130. In September 1961, after such a dis- intended in writing this great and du- Mr. FRANKS of New Jersey. Mr. tinguished career with the NAACP, rable document, that all people are cre- Speaker, I reserve the balance of my President John F. Kennedy appointed ated equal and are entitled to equal time. Thurgood Marshall as the first African justice under the law and in this Con- Mr. SHOWS. Mr. Speaker, I yield American to sit as a judge on the stitution. such time as he may consume to the United States Court of Appeals for the Thurgood Marshall believed in that gentleman from New York (Mr. ENGEL), Second Circuit. He was later chosen by theme, believed in that promise, and sponsor of the bill. President Lyndon B. Johnson as the made his life a crusade to make the Mr. ENGEL. Mr. Speaker, I thank my United States Solicitor General, also promise of the Constitution alive, liv- friend from Mississippi for yielding me the first African American to hold this ing, practiced in this democracy. this time. position. What we say here cannot add to the Mr. Speaker, I rise to encourage my On June 13, 1967, President Johnson glory that is his and to the respect that colleagues to support H.R. 130. I am appointed Thurgood Marshall to the generations owe him. We can only sup- proud to be the sponsor of this bill, and Supreme Court. As the first African plement what was a great, courageous, this is a bipartisan bill, to name the American Associate Justice, Marshall and inspiring life. Federal courthouse at Foley Square in became known for his heartfelt attacks By naming a building, we hope that Manhattan in New York City as the on discrimination,, unyielding opposi- we in stone, in structure, and in all ‘‘Thurgood Marshall United States tion to the death penalty, and support that goes on inside this great court- Courthouse.’’ for free speech and civil liberties. house, perpetuate the ideals that made By naming the Foley Square court- As my colleagues know, the House up the career and the life and the pur- house after Justice Marshall, Congress passed this bill last year. We are con- pose of Justice Thurgood Marshall. would send a signal to the American sidering it again today because it did Mr. SHOWS. Mr. Speaker, I yield people and the entire world of the im- not come to the floor of the Senate by such time as she may consume to the portance of the principle of equality the end of the session. I am hoping the gentlewoman from the District of Co- under the law. Senate will immediately take up this lumbia (Ms. NORTON). As my colleagues know, the late bill after the House passes it. Ms. NORTON. Mr. Speaker, I thank Thurgood Marshall was not only the Mr. Speaker, it is important to note the gentleman for yielding me this first African American Justice of the the New York State Senate, the New time, and I thank the chairman of the United States Supreme Court, he also York State Bar Association, and the subcommittee and the ranking member was one of the greatest trial and appel- New York State County Lawyers’ Asso- for their attention to this naming bill. late lawyers in the history of our Na- ciation, of which Marshall was a long- How appropriate it is that the court- tion. Through his skill, advocacy, and time member, have endorsed this bill. house at Foley Square would be named dedication to the cause of civil rights, It is bipartisan, strong bipartisan sup- for the man who sat there as a Second he led the charge for equality, not only port. Circuit Judge and went on to the high- for African Americans, but for all The courthouse at 40 Centre Street in est court, Thurgood Marshall. Of Americans. New York has gone unnamed since its course the Foley Square courthouse is

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5259 one of the preeminent courthouses in the law. It is most appropriate that he law and launched the civil rights campaigns of the United States in part because of be honored in this way. the 1950s. I wonder how history might be dif- some of the notorious cases that have Mr. GEORGE MILLER of California. Mr. ferent if judicial officers reviewing records of been decided there, but also because of Speaker, I rise in strong support of H.R. 130, sit-ins at lunch counters did not consider the where it stands and what it has meant to designate the court house on Centre Street environment in which those acts of defiance in history. in New York City as the ‘‘Thurgood Marshall occurred. So to name a preeminent courthouse United States Court House.’’ The same is true of the Port Chicago case, after a preeminent lawyer, a pre- It is particularly auspicious that this legisla- and Thurgood Marshall knew it over a half eminent litigator, a preeminent Jus- tion appears before the House of Representa- century ago. Men who battled to enlist in the tice seems just right. In point of fact, tives this week when much of the nation will Navy to defend their country against fascism Justice Thurgood Marshall was pre- learn, for the first time, of one of Justice Mar- and racism were treated like second class citi- eminent in so many ways, it is difficult shall’s early cases on behalf of oppressed zens because of their race. They got second to know now how he will be best remembers of our society. class jobs, second class training, and they got membered. As a young attorney for the National Asso- second class justice. He spent many years on the Court. ciation for the Advancement of Colored People For decades, virtually all of the surviving He was Solicitor General at an impor- (NAACP), Thurgood Marshall went to Treas- Port Chicago ‘‘mutineers’’ have suffered their tant high point of our history when the ure Island in San Francisco Bay in September unjustified humiliation in silence, much as they government was litigating cases in- 1944 to observe the largest mutiny trial in the suffered the anguish of official segregation volving race and other matters of sig- history of our nation. The accused men were and Navy policies that placed them in extreme nal importance to the constitutional sailors who had refused to continue loading risk without even a modicum of training. Bol- development of our law. highly explosive munitions at the Port Chicago stered by books and news coverage a decade Yet, I do not believe that the Justice Naval Magazine because a terrific explosion ago, a few of these men—several now de- will be remembered preeminently as a just a few weeks earlier had, without warning ceased—worked with Members of Congress to Justice or as a lawyer. I believe those or explanation, killed 320 of their colleagues secure the Navy reviews and to successfully are too small to encase his memory. I and destroyed this important naval facility. It pass legislation in 1992 creating the Port Chi- believe he will be remembered for what was the largest home front loss of life of the cago National Memorial in California that hon- he did for American law itself. We are war. ors the men who served and died at that facil- at a proud point in American law be- Marshall was concerned about the Port Chi- ity. cause the words equality under justice cago courts martial because all the accused A decade-long effort to secure the exonera- means something. men were blacks, men relegated to loading tion of over 250 black sailors who refused to munitions on ships rather than firing them at resume loading the ships is gaining steam. A b 1230 the enemy solely because they were black. national law firm, Morrison and Foerster, has We did not get to that point, the law Men who lived in segregated housing, ate in taken up the pardon appeal of Mr. Freddie did not get to that point by itself. segregated mess halls; men denied the post- Meeks of Los Angeles, and will hopefully be Equality under law was an empty traumatic leave typically granted. Indeed, ben- able to represent additional survivors and the phrase when Marshall began to prac- efits to the survivors of those black men killed families of those men who passed away with- tice law and when he and his cohorts at in the explosion were reduced from $5,000 to out ever knowing that this day of reconsider- the NAACP, later to become the $3,000 when southern senators learned the ation was coming. NAACP Legal Defense Fund, began to victims were blacks. The media also is finally paying attention to attack discrimination at its core. The Navy, dismissing the protests of the the travesty that followed the tragedy. The Despite the carnage of the Civil War, NAACP and others over the hypocrisy of ask- History Channel recently broadcast an hour- the fact is that slavery was replaced by ing segregated blacks to fight fascism abroad, long show, produced by CBS, and the Learn- a system of law called Jim Crow. It was denounced their sailors as having ‘‘exhibited ing Channel is set to air its own account on that system that Thurgood Marshall the normal characteristics of negroes,’’ and March 30th. NBC will nationally broadcast a set his sights upon. He embarked upon prosecuted them for mutiny. Fifty stood their made-for-TV movie, produced by actor Mor- the mission of filling the empty vessel, ground and were sentenced to long jail terms, gan Freeman, on March 28 that tells a fic- the words ‘‘equality under law,’’ with later reduced in the aftermath of the war. Fol- tionalized account of the Port Chicago story. true meaning. Marshall led a brilliant lowing their convictions, Thurgood Marshall So it is fitting that, as the nation studies the litigation strategy. Today, ‘‘separate launched an impassioned effort to force the Port Chicago case and the important role but equal’’ is totally discredited, but it government to rescind the convictions, and he Thurgood Marshall played in challenging these took years, gnawing at the roots of won some concessions: two dozen pieces of unjust convictions, we meet here today to that doctrine, to finally overthrow evidence were thrown out as tainted, but the dedicate this building in his memory. Port Chi- that doctrine with Brown v. Board of convictions stood, and continue to stand cago was an early, and largely unknown, item Education. today. in a distinguished legal and judicial career, When President Johnson sought to The Navy of the 1990s has proved equally and Justice Marshall surely deserves the appoint Thurgood Marshall to his two resistant to revisiting the Port Chicago convic- honor we are about to confer on him. important positions, he faced an uphill tions. Directed by Congress to re-examine the Ms. JACKSON-LEE of Texas. Mr. Speaker, battle, and if I may say so, from mem- case in 1992, Secretary of the Navy John Dal- I rise in support of this bill. This bill designates bers of his own party. And yet our law ton admitted that there was ‘‘no doubt that ra- a United States courthouse in New York City and our courts are richer because that cial prejudice was responsible for the posting as the ‘‘Thurgood Marshall United States battle was fought, and because of African-American enlisted personnel to the Courthouse.’’ Thurgood Marshall fought his battles loading at Port Chicago.’’ Then Secretary of Thurgood Marshall worked for not only Afri- for our law and for African Americans; Defense William Perry agreed that ‘‘prejudice can Americans but for all Americans to estab- ultimately, for all Americans, who now in the first instance resulted in the assignment lish and perfect a fundamental structure of in- all accept ‘‘equality under law,’’ with of African-American sailors to hard, dangerous dividual rights. He succeeded in creating new many more coming forward to claim work, but segregated them and denied them protections under the law for women, children, that right than those who happen to be the dignity accorded to others in uniform.’’ Like prisoners, and the homeless. These groups black. Dalton, however, Perry refused to overturn the owe a debt of gratitude to Thurgood Marshall For lawyers like me, Thurgood Mar- convictions because, they asserted, the perva- for the increased protections that they enjoy shall was nothing less than a role sive racism in the Navy and at Port Chicago as American citizens. Mr. Speaker even the model, because there were so few Afri- was not documented in the actual trial pro- press had Marshall to thank for an expansion can American lawyers in the 1960s ceedings. of its liberties during the century. when I came to the bar. He has since I wonder how the courts ultimately would Marshall was America’s leading advocate of become not only a role model for my have treated Rosa Parks if they had refused civil rights and led a revolution that has left an generation but an American legend in to consider the context in which she defied the indelible mark on the American society as a

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 9920 E:\BR99\H23MR9.000 H23MR9 5260 CONGRESSIONAL RECORD—HOUSE March 23, 1999 whole. First as an attorney and then as the Mr. FRANKS of New Jersey. Mr. 193d; 60 Stat. 718), concerning sales, displays, nation’s first African American Justice on the Speaker, I have no further requests for and solicitations on the Capitol Grounds, as Supreme Court, Marshall worked towards the time, and I yield back the balance of well as other restrictions applicable to the Capitol Grounds, with respect to a perform- integration of the races. He believed that my time. ance authorized by section 1. through integration equal rights under the law The SPEAKER pro tempore (Mr. SEC. 5. EXPIRATION OF AUTHORITY. could become a reality for all Americans. GOODLATTE). The question is on the A performance may not be conducted In 1940, the NAACP created the Legal De- motion offered by the gentleman from under this resolution after September 30, fense and Education Fund, with Thurgood New Jersey (Mr. FRANKS) that the 1999. Marshall as its director and Counsel. During House suspend the rules and pass the The SPEAKER pro tempore. Pursu- his tenure he coordinated the efforts of the bill, H.R. 130. ant to the rule, the gentleman from NAACP to end racial segregation. His efforts The question was taken; and (two- New Jersey Mr. FRANKS) and the gen- culminated with the landmark 1954 decision thirds having voted in favor thereof) tleman from Mississippi Mr. SHOWS) Brown versus The Board of Education, which the rules were suspended and the bill each will control 20 minutes. declared segregation of public schools illegal. was passed. The Chair recognizes the gentleman President Johnson would appointment A motion to reconsider was laid on from New Jersey Mr. FRANKS). Thurgood Marshall to the Supreme Court of the table. Mr. FRANKS of New Jersey. Mr. the United States, making Justice Marshall the Speaker, I yield myself such time as I f first African American justice to sit on the may consume. Court. As a justice Marshall worked to ad- AUTHORIZING USE OF EAST Mr. Speaker, House Resolution 52, in- vance educational opportunity and to bridge FRONT OF CAPITOL GROUNDS troduced by the chairman of the Com- the wide gulf of economic inequity between FOR PERFORMANCES SPON- mittee on Transportation and Infra- blacks and whites. He became a champion of SORED BY KENNEDY CENTER structure, the gentleman from Penn- affirmative action and other race conscious Mr. FRANKS of New Jersey. Mr. sylvania Mr. SHUSTER), and cospon- policies as a means to correct the damage Speaker, I move to suspend the rules sored by the ranking member, the gen- from the horrors of racism. and agree to the concurrent resolution tleman from Minnesota Mr. OBERSTAR), Marshall’s work as an attorney and as a jus- (H. Con. Res. 52) authorizing the use of authorizes the use of the East Front of tice would provide the framework for improve- the East Front of the Capitol Grounds the Capitol for performances by the ments in the equal rights of all Americans. for performances sponsored by the Millennium Stage of the John F. Ken- President Johnson said at the time of appoint- John F. Kennedy Center for the Per- nedy Center for the Performing Arts. It ing Marshall to the Supreme Court that it was forming Arts. is expected the performances are to ‘‘the right thing to do, the right time to do it, The Clerk read as follows: take place on Tuesdays and Thursdays the right man and the right place.’’ I say to you when Congress is in session, from Me- H. CON. RES. 52 that in naming this Courthouse for Thurgood morial Day through September 30, 1999. Marshall this body is using the right name and Resolved by the House of Representatives (the The performances will be open to the sending the right message. Senate concurring), public, free of admission charge, and Thurgood Marshall’s name is synonymous SECTION 1. AUTHORIZING USE OF EAST FRONT the sponsors of the event, the Kennedy OF CAPITOL GROUNDS FOR PER- with the struggle for equal rights in America. FORMANCES SPONSORED BY KEN- Center and the National Park Service, His legacy as an advocate for equal rights for NEDY CENTER. will assume responsibility for all liabil- all Americans is one that should be emulated, In carrying out its duties under section 4 ities associated with the event. The Ar- remembered and cherished. of the John F. Kennedy Center Act (20 U.S.C. chitect of the Capitol will be respon- Mr. Speaker; I ask my colleagues to support 76j), the John F. Kennedy Center for the Per- sible for some of the expenses associ- this measure and vote to designate this court- forming Arts, in cooperation with the Na- ated with the performances. The Archi- house as the ‘‘Thurgood Marshall United tional Park Service (in this resolution joint- tect and the Police Board will make States Courthouse.’’ ly referred to as the ‘‘sponsor’’), may sponsor public performances on the East Front of the additional arrangements in complete Mr. CUMMINGS. Mr. Speaker, today, we compliance with the rules and regula- honor Thurgood Marshall. Marshall was born Capitol Grounds at such dates and times as the Speaker of the House of Representatives tions governing the use of the Capitol and raised in the Congressional District I rep- and Committee on Rules and Administration grounds. The resolution expressly pro- resent—Baltimore City, Maryland—and actu- of the Senate may approve jointly. hibits sales, displays and solicitation ally lived in a home which is about eight SEC. 2. TERMS AND CONDITIONS. in connection with the event. blocks from where I live now. We both at- (a) IN GENERAL.—Any performance author- This unique event allows the Ken- tended Howard University and, more signifi- ized under section 1 shall be free of admis- nedy Center to provide leadership in cantly, he was once turned away form the law sion charge to the public and arranged not to the national performing arts education school I attended and graduated from—the interfere with the needs of Congress, under policy and programs and to conduct University of Maryland. As such, I am espe- conditions to be prescribed by the Architect community outreach, as provided for in cially proud to honor Thurgood Marshall, as I of the Capitol and the Capitol Police Board. its mission statement. By permitting share a common path with this historic figure. (b) ASSUMPTION OF LIABILITIES.—The sponsor shall assume full responsibility for all li- these performances on the East Front, In designating the Thurgood Marshall U.S. the Congress is assisting the Kennedy Courthouse in New York City, the nation also abilities incident to all activities associated with the performance. Center in fulfilling its important mis- honors and praises this man for his civil rights sion. achievements as a lawyer and for reaching SEC. 3. PREPARATIONS. (a) STRUCTURES AND EQUIPMENT.—In con- Mr. Speaker, I support the resolu- the pinnacle of the U.S. justice system as the sultation with the Speaker of the House of tion, and I urge my colleagues to sup- first African American Supreme Court Justice. Representatives and the Committee on Rules port it as well. I believe, however, that he should be revered and Administration of the Senate, the Archi- Mr. Speaker, I reserve the balance of most for his courage and independent judici- tect of the Capitol shall provide upon the my time. ary and for breathing life into the text of the Capitol Grounds such stage, sound amplifi- Mr. SHOWS. Mr. Speaker, I yield my- Constitution. He worked tirelessly to guarantee cation devices, and other related structures self such time as I may consume. all Americans equality and liberty in their indi- and equipment as may be required for a per- Mr. Speaker, I am pleased to support vidual choices concerning voting, housing, formance authorized under section 1. this resolution, which authorizes the education, and travel. It is an honor to recog- (b) ADDITIONAL ARRANGEMENTS.—The Ar- use of the Capitol grounds for summer chitect of the Capitol and the Capitol Police nize a man whose career is a monument to Board may make such additional arrange- concerts presented by the John F. Ken- the judiciary system, and who has inspired ments as may be required to carry out the nedy Center. Consistent with other res- others to continue his quiet crusade. I urge performance. olutions regarding the use of the Cap- support for this legislation. SEC. 4. ENFORCEMENT OF RESTRICTIONS. itol grounds, the concerts will be free Mr. SHOWS. Mr. Speaker, I have no The Capitol Police Board shall provide for of charge and open to the public, and further requests for time, and I yield enforcement of the restrictions contained in the sponsors will abide by the applica- back the balance of my time. section 4 of the Act of July 31, 1946 (40 U.S.C. ble rules and regulations.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5261 On Tuesdays and Thursdays around the rules were suspended and the con- necessary arrangements for carrying lunchtime, the public will be treated current resolution was agreed to. out the event in complete compliance with presentations of music, drama and A motion to reconsider was laid on with the rules and regulations gov- dance by fine local and regional talent. the table. erning the use of the Capitol grounds. This is a rare opportunity for a wide f The sponsor of the event will assume range of visitors and tourists to enjoy all expenses and liabilities in connec- AUTHORIZING USE OF CAPITOL the offerings of the Kennedy Center. tion with the event; and all sales ad- GROUNDS FOR 1999 DISTRICT OF The 1998 summer series was a great hit vertisements and solicitations are pro- COLUMBIA SPECIAL OLYMPICS and enjoyed by several hundred visi- hibited. LAW ENFORCEMENT TORCH RUN tors, Capitol Hill residents, and hill The Capitol Police will be hosting Staff and Members. Mr. FRANKS of New Jersey. Mr. the opening ceremonies for the run I support House Concurrent Resolu- Speaker, I move to suspend the rules starting on Capitol Hill, and the event tion 52 and look forward to the summer and agree to the concurrent resolution will be free of charge and open to the program. (H. Con. Res. 50) authorizing the 1999 public. Over 2,000 law enforcement rep- Mr. Speaker, I yield such time as he District of Columbia Special Olympics resentatives from local and Federal may consume to the gentleman from Law Enforcement Torch Run to be run law enforcement agencies in Wash- Minnesota Mr. OBERSTAR), the ranking through the Capitol Grounds. ington will carry the Special Olympics Democrat on the Committee on Trans- The Clerk read as follows: torch in honor of 2,500 Special Olym- portation and Infrastructure. H. CON. RES. 50 pians who participate in this annual Mr. OBERSTAR. Mr. Speaker, I Resolved by the House of Representatives (the event, to show their support for the thank the gentleman for yielding time Senate concurring), Special Olympics. to me. SECTION 1. AUTHORIZATION OF RUNNING OF For over a decade the Congress has The Kennedy Center at the Millen- D.C. SPECIAL OLYMPICS LAW EN- supported this worthy endeavor by en- nium Stage is truly one of the most re- FORCEMENT TORCH RUN THROUGH acting resolutions for the use of the CAPITOL GROUNDS. markable innovations of the center and grounds. I am proud to sponsor this On June 11, 1999, or on such other date as resolution this year, and urge my col- is the brainchild of the chairman of the the Speaker of the House of Representatives center’s board of trustees, Jim John- leagues to support it as well. and the Committee on Rules and Adminis- Mr. Speaker, I reserve the balance of son, and carried out brilliantly by tration of the Senate may jointly designate, president Larry Wilker. the 1999 District of Columbia Special Olym- my time. Mr. SHOWS. Mr. Speaker, I yield my- The Millennium Stage operates 365 pics Law Enforcement Torch Run (in this self such time as I may consume. days a year, free to the public, and has resolution referred to as the ‘‘event’’) may be This event needs little introduction. entertained over half a million people, run through the Capitol Grounds as part of the journey of the Special Olympics torch to 1999 marks the 31st anniversary of the visitors to our Nation’s Capital who the District of Columbia Special Olympics D.C. Special Olympics. The torch relay can come to the Kennedy Center, to summer games at Gallaudet University in event is a traditional part of the open- the Nation’s center for the performing the District of Columbia. ing ceremonies for the Special Olym- arts, and enjoy a free performance of SEC. 2. RESPONSIBILITY OF CAPITOL POLICE pics, which takes place at Gallaudet the greatest array of talent that this BOARD. University in the District of Columbia. Nation has to offer. It is an enjoyable, The Capitol Police Board shall take such Each year approximately 2,500 Spe- wonderful, uplifting experience for actions as may be necessary to carry out the event. cial Olympians compete in over a dozen hundreds of thousands of visitors to events, and more than one million chil- our Nation’s Capital as well as to resi- SEC. 3. CONDITIONS RELATING TO PHYSICAL PREPARATIONS. dren and adults with special needs par- dents of our Nation’s Capital. ticipate in Special Olympic worldwide The resolution we bring to the House The Architect of the Capitol may prescribe conditions for physical preparations for the programs. The event is supported by floor today will bring to the Capitol event. literally thousands of volunteers. grounds this edition of the Millennium SEC. 4. ENFORCEMENT OF RESTRICTIONS. The goal of the games is to help bring Stage and make it available here in the The Capitol Police Board shall provide for mentally handicapped individuals into heart of the Nation’s Capital. enforcement of the restrictions contained in the larger society under conditions It is a great privilege for me to serve, section 4 of the Act of July 31, 1946 (40 U.S.C. whereby they are accepted and rein my capacity as ranking member of 193d; 60 Stat. 718), concerning sales, displays, spected. Confidence and self-esteem are the Committee on Transportation and and solicitations on the Capitol Grounds, as the building blocks for these Olympic Infrastructure, along with the chair- well as other restrictions applicable to the Capitol Grounds, with respect to the event. Games. man of our full committee, the gen- I enthusiastically support this reso- tleman from Pennsylvania Mr. BUD The SPEAKER pro tempore. Pursu- lution and the very worthwhile endeav- SHUSTER), on the board of trustees of ant to the rule, the gentleman from or of the Special Olympics. I urge pas- the Kennedy Center. Together, we en- New Jersey (Mr. FRANKS) and the gen- sage of House Concurrent Resolution thusiastically welcome to the Capitol tleman from Mississippi (Mr. SHOWS) 50. grounds the Millennium Stage of the each will control 20 minutes. Mr. OBERSTAR. Mr. Speaker, the relay John F. Kennedy Center for the Per- The Chair recognizes the gentleman event is a traditional part of the opening cere- forming Arts. from New Jersey (Mr. FRANKS). monies for the Special Olympics, which take Mr. SHOWS. Mr. Speaker, I have no Mr. FRANKS of New Jersey. Mr. place at Gallaudet University in the District of further requests for time, and I yield Speaker, I yield myself such time as I Columbia. back the balance of my time. may consume. This year, approximately 2,500 special Mr. FRANKS of New Jersey. Mr. House Concurrent Resolution 50 au- Olympians will compete in 17 events, and Speaker, I have no further requests for thorizes the 1999 District of Columbia more than one million children and adults with time, and I yield back the balance of Special Olympics Law Enforcement special needs participate in Special Olympics my time. Torch Run to be conducted through the worldwide programs. The SPEAKER pro tempore. The grounds of the Capitol on June 11, 1999, The goal of the games is to help bring men- question is on the motion offered by or on such date as the Speaker of the tally disabled individuals into the larger society the gentleman from New Jersey (Mr. House of Representatives and the Sen- under conditions whereby they are accepted FRANKS) that the House suspend the ate Committee on Rules and Adminis- and respected. Confidence and self esteem rules and agree to the concurrent reso- tration jointly designate. The resolu- are the building blocks for these Olympic lution, House Concurrent Resolution tion also authorizes the Architect of games. Better health, coordination, and lasting 52. the Capitol, the Capitol Police Board friendships are the results of participation. The question was taken; and (two- and the D.C. Special Olympics, the D.C. Special Olympics is the sole provider thirds having voted in favor thereof) sponsor of the event, to negotiate the in the District of Columbia of these special

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 9920 E:\BR99\H23MR9.000 H23MR9 5262 CONGRESSIONAL RECORD—HOUSE March 23, 1999 services. No other organization provides ath- tion 4 of the Act of July 31, 1946 (40 U.S.C. 193d; ignated Peace Officers Memorial Day, letic programs for citizens with developmental 60 Stat. 718), concerning sales, displays, and so- and the Capitol Hill ceremony will disabilities. licitations on the Capitol Grounds, as well as take place on that day. other restrictions applicable to the Capitol I support H. Con. Res. 50 and urge its pas- Grounds, with respect to the event authorized b 1245 sage. by section 1. Mr. SHOWS. Mr. Speaker, I have no It is a day during which a grateful The SPEAKER pro tempore. Pursu- further requests for time, and I yield Nation will pay tribute to the sacrifice ant to the rule, the gentleman from back the balance of my time. of all peace officers. New Jersey (Mr. FRANKS) and the gen- Mr. Speaker, I would like to recog- Mr. FRANKS of New Jersey. Mr. tleman from Mississippi (Mr. SHOWS) nize and honor three police officers in Speaker, I have no further requests for each will control 20 minutes. my own community who gave their time, and I yield back the balance of The Chair recognizes the gentleman lives in the line of duty. Lloyd Jones, my time. from New Jersey (Mr. FRANKS). Sheriff of Simpson County; Deputy The SPEAKER pro tempore. The Mr. FRANKS of New Jersey. Mr. Sheriff Tommy Bourne, Jefferson Davis question is on the motion offered by Speaker, I yield myself such time as I County; and Deputy Sheriff J.P. Rut- the gentleman from New Jersey (Mr. may consume. land, also of Jefferson Davis County. FRANKS) that the House suspend the House Concurrent Resolution 44, as These brave men were family men, de- rules and agree to the concurrent reso- amended, authorizes the use of the voted fathers, dedicated husbands, and lution, House Concurrent Resolution Capitol grounds for the 18th Annual community leaders. The Nation’s Cap- 50. Peace Officers’ Memorial Service on itol is an appropriate and fitting place The question was taken; and (two- May 15, 1999, or on such date as the to honor their memory and their noble thirds having voted in favor thereof) Speaker of the House of Representa- service. As a caring Nation, we deeply the rules were suspended and the con- tives and the Senate Committee on appreciate their sacrifice. current resolution was agreed to. Rules and Administration jointly des- I strongly support and urge passage A motion to reconsider was laid on ignate. The resolution authorizes the of House Concurrent Resolution 44. the table. Architect of the Capitol, the Capitol Mr. Speaker, I yield such time as he f Police Board, and the Grand Lodge may consume to the gentleman from Fraternal Order of Police, the sponsor AUTHORIZING USE OF CAPITOL Ohio (Mr. TRAFICANT) the author of the of the event, to negotiate the necessary GROUNDS FOR NATIONAL PEACE bill. arrangements for carrying out the Mr. TRAFICANT. Mr. Speaker, I OFFICERS’ MEMORIAL SERVICE event in complete compliance with the want to thank my distinguished col- Mr. FRANKS of New Jersey. Mr. rules and regulations governing the use league, and I want to thank the chair- Speaker, I move to suspend the rules of the Capitol grounds. The Capitol Po- man, the gentleman from New Jersey and agree to the concurrent resolution lice will be the hosting law enforce- (Mr. FRANKS), and the ranking mem- (H. Con. Res. 44) authorizing the use of ment agency. The sponsor will assume ber, the gentleman from West Virginia the Capitol Grounds for the 18th annual all expenses and liability in connection (Mr. WISE), for bringing this to the National Peace Officers’ Memorial with the event. The event will be free floor. Service, as amended. of charge and open to the public, and And I want to commend one of the The Clerk read as follows: all sales advertisements and solicita- most able staffs in the House who work H. CON. RES. 44 tions are prohibited. on this type of business with very little Resolved by the House of Representatives (the This service will honor Federal, fanfare, Rick Barnett and Susan Brita. Senate concurring), State and local law enforcement offi- We thank them for all their effort, hav- SECTION 1. USE OF CAPITOL GROUNDS FOR NA- cers killed in the line of duty in 1998. ing worked closely with this sub- TIONAL PEACE OFFICERS’ MEMO- This will be a time to remember our committee for many years. The great RIAL SERVICE. own slain Capitol Hill Police officers, job they do is appreciated. The National Fraternal Order of Police and Officers Chestnut and Gibson. It is a As a former sheriff, the National its auxiliary shall be permitted to sponsor a pub- Peace Officers’ Memorial Day service lic event, the eighteenth annual National Peace fitting tribute to the men and women Officers’ Memorial Service, on the Capitol who gave their lives in the performance has special meaning. Number one, the Grounds on May 15, 1999, or on such other date of their duties. peace officer law enforcement memo- as the Speaker of the House of Representatives Mr. Speaker, I support this measure rial was a by-product of my chief of and the Committee on Rules and Administration and urge my colleagues to support it as staff, Paul Marcone, who led the charge of the Senate may jointly designate, in order to well. to build that. honor the more than 160 law enforcement offi- Mr. Speaker, I reserve the balance of I want to commend former Presi- cers who died in the line of duty during 1998. my time. dents Reagan and Bush for their efforts SEC. 2. TERMS AND CONDITIONS. Mr. SHOWS. Mr. Speaker, I yield my- in helping all along the line to create a (a) IN GENERAL.—The event authorized by self such time as I may consume. memorial for the slain law enforce- section 1 shall be free of admission charge to the Mr. Speaker, House Concurrent Reso- ment officers who have given their public and arranged not to interfere with the lution 44 authorizes the use of the Cap- needs of Congress, under conditions to be pre- lives to help our Nation. scribed by the Architect of the Capitol and the itol grounds for this most solemn serv- The second meaning, and a tragic one Capitol Police Board. ice. I strongly support this resolution to say the least, is the loss of Sonny (b) EXPENSES AND LIABILITIES.—The National which honors these police officers, men Litch, deputy sheriff during my term of Fraternal Order of Police and its auxiliary shall and women, who died in the line of sheriff, who was literally executed assume full responsibility for all expenses and duty during 1998. During last year, 152 while transporting a prisoner. And til liabilities incident to all activities associated very brave peace officers from the this day, justice I do not believe has with the event. ranks of State, local and Federal serv- been served, because I believe this man SEC. 3. EVENT PREPARATIONS. ice were killed in the line of duty. should be put to death, and that is an (a) STRUCTURES AND EQUIPMENT.—Subject to Twelve women officers are included in issue for another day. the approval of the Architect of the Capitol, the this number. But the 17th District of Ohio is not National Fraternal Order of Police and its aux- On average, one law enforcement of- foreign to slain officers. And in the iliary are authorized to erect upon the Capitol Grounds such stage, sound amplification de- ficer is killed somewhere in America names on the Law Enforcement Memo- vices, and other related structures and equip- nearly every other day. Thousands of rial are the following eight who I would ment, as may be required for the event author- officers are assaulted and about 23,000 like to pay tribute to: ized by section 1. are injured. John R. ‘‘Sonny’’ Litch, Jr., my dep- SEC. 4. ENFORCEMENT OF RESTRICTIONS. Mr. Speaker, in 1962, President John uty, Mahoning County Sheriff’s Office; The Capitol Police Board shall provide for en- Kennedy signed the law establishing John A. Utlak of the Niles Police De- forcement of the restrictions contained in sec- National Police Week. May 15 is des- partment; Richard Elton Becker of the

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5263 Poland Police Department; Charles K. comfort from others who have experienced SEC. 2. CONDITIONS. Yates of the Poland Police Depart- and understand their grief. Everyone leaves The event to be carried out under this resolu- ment; Ralph J. DeSalle, Youngstown that service knowing that law enforcement’s tion shall be free of admission charge to the public and arranged not to interfere with the Police Department; Paul Joseph service and sacrifice is deeply appreciated by needs of Congress, under conditions to be pre- Durkin, Youngstown Police Depart- a caring nation. scribed by the Architect of the Capitol and the ment; Millard Williams, Youngstown Once again, I strongly support the resolution Capitol Police Board; except that the Associa- Police Department; and Carmen J. and urge its adoption. tion shall assume full responsibility for all ex- Renda, Jr., Youngstown State Univer- Mr. OBERSTAR. Mr. Speaker, President penses and liabilities incident to all activities sity Police; who have died in the line of Kennedy proclaimed May 15th as National associated with the event. duty. Peace Officers’ Memorial Day, and this year SEC. 3. STRUCTURES AND EQUIPMENT. In 1998, Mr. Speaker, more than 160 the memorial service will be held on the Cap- For the purposes of this resolution, the Asso- law enforcement officers were killed itol Grounds on Saturday, May 15th. ciation is authorized to erect upon the Capitol There are approximately 700,000 sworn law Grounds, subject to the approval of the Archi- protecting our citizens, killed in the tect of the Capitol, such stage, sound amplifi- line of duty. The names of these brave enforcement officers serving the American cation devices, and other related structures and men and women will be engraved on public today. equipment as may be required for the event to be the walls of the National Law Enforce- During 1997, 160 peace officers were killed carried out under this resolution. ment Officers Memorial. And that is, at in the line of duty. SEC. 4. ADDITIONAL ARRANGEMENTS. least, some semblance of recognition. In addition, approximately 65,000 officers The Architect of the Capitol and the Capitol For the families here, in paying trib- are assaulted each year, with 23,000 sus- Police Board are authorized to make any such ute on the 15th of May, it is an appro- taining serious injury. In July 1998, we experi- additional arrangements that may be required to priate place for our Capitol to be used enced our officers’ sacrifices first-hand when carry out the event under this resolution. Capitol Police officers Jacob Joseph Chestnut SEC. 5. ENFORCEMENT OF RESTRICTIONS. for this activity. It is important that, The Capitol Police Board shall provide for en- as a Nation, we make a special effort to and John Michael Gibson gave their lives in forcement of the restrictions contained in sec- show the surviving family members defense of the U.S. Capitol. tion 4 of the Act of July 31, 1946 (40 U.S.C. 193d; that their heroes did not die in vain It is most fitting and proper to honor the 60 Stat. 718), concerning sales, displays, and so- and will be recognized for their great lives, sacrifices, and public service of our licitations on the Capitol Grounds, as well as sacrifice and dedicated service. brave peace officers. other restrictions applicable to the Capitol So I commend all for helping. And I urge support and passage of H. Con. Res. Grounds, with respect to the event to be carried hopefully, these numbers will be great- 44. out under this resolution. ly reduced, and hopefully we will not Mr. SHOWS. Mr. Speaker, I have no The SPEAKER pro tempore. Pursu- lose any officer, but knowing the vio- additional requests for time, and I ant to the rule, the gentleman from lence in the United States, we shall. yield back the balance of my time. New Jersey (Mr. FRANKS) and the gen- But for those who have passed, we pay Mr. FRANKS of New Jersey. Mr. tleman from Mississippi (Mr. SHOWS) great tribute. Speaker, I yield back the balance of each will control 20 minutes. This is an appropriate piece of legis- my time. The Chair recognizes the gentleman lation. I ask for an ‘‘aye’’ vote. The SPEAKER pro tempore (Mr. from New Jersey (Mr. FRANKS). Mr. FRANKS of New Jersey. Mr. Mr. Speaker, as the author of the resolution, GOODLATTE). The question is on the Speaker, I yield myself such time as I I rise in strong support of H. Con. Res. 44 motion offered by the gentleman from New Jersey (Mr. FRANKS) that the may consume. which authorizes the use of the U.S. Capitol Mr. Speaker, House Concurrent Reso- grounds for the 18th annual National Peace House suspend the rules and agree to the concurrent resolution, House Con- lution 47, as amended, authorizes the Officers’ Memorial Day Service. This very spe- use of the Capitol grounds for the 58th cial ceremony is being conducted by the Fra- current Resolution 44, as amended. The question was taken; and (two- annual Greater Washington Soap Box ternal Order of Police and their Auxiliary Serv- thirds having voted in favor thereof) Derby qualifying races to be held on ices. It will be held on May 15 on the West the rules were suspended and the con- July 10, 1999, or on such date as the Front of the Capitol. current resolution, as amended, was Speaker of the House of Representa- In 1962 President John Kennedy signed the tives and the Senate Committee on law establishing National Police Week. While agreed to. A motion to reconsider was laid on Rules and Administration jointly des- the actual dates change every year, National the table. ignate. Police Week is a seven-day period that begins The resolution also authorizes the f on a Sunday, ends on a Saturday, and in- Architect of the Capitol, the Capitol cludes May 15, which is ‘‘Peace Officers Me- AUTHORIZING USE OF CAPITOL Police Board, and the Greater Wash- morial Day.’’ GROUNDS FOR GREATER WASH- ington Soap Box Derby Association, As a former sheriff, the National Peace Offi- INGTON SOAP BOX DERBY sponsor of the event, to negotiate the cers’ Memorial Day Service has special mean- Mr. FRANKS of New Jersey. Mr. necessary arrangements for carrying ing. Unfortunately, I know what it is like to Speaker, I move to suspend the rules out the event in complete compliance have a colleague killed in the line of duty. Dur- and agree to the concurrent resolution with the rules and regulations gov- ing my time as sheriff I lost a deputy, Sonny (H.Con.Res. 47) authorizing the use of erning the use of the Capitol grounds. Litch, who was killed on October 22, 1981 the Capitol Grounds for the Greater The event is open to the public and while transporting a prisoner. His name is Washington Soap Box Derby, as amend- free of charge; and the sponsor will as- among the more than 14,000 names engraved ed. sume responsibility for all expenses on the National Law Enforcement Officers’ The Clerk read as follows: and liabilities related to the event. In Memorial here in Washington, D.C. H. CON. RES. 47 addition, sales, advertisements, and so- On May 15 a grateful nation will pay tribute Resolved by the House of Representatives (the licitations are explicitly prohibited on to their sacrifice. I believe that the U.S. Capitol Senate concurring), the Capitol grounds for this event. is an appropriate and fitting place to honor SECTION 1. AUTHORIZATION OF SOAP BOX The races are to take place on Con- their memory and their noble service. It is im- DERBY RACES ON CAPITOL stitution Avenue between Delaware portant that we as a nation make a special ef- GROUNDS. Avenue and Third Street, Northwest. fort to show the surviving family members of The Greater Washington Soap Box Derby As- The participants are residents of the these heroes that the nation cares about the sociation (hereinafter in this resolution referred Washington Metropolitan Area and sacrifice these officers have made. to as the ‘‘Association’’) shall be permitted to range in ages from 9 to 16. This event is sponsor a public event, soap box derby races, on currently one of the largest races in The service is an opportunity for law en- the Capitol Grounds on July 10, 1999, or on such forcement officers to develop close bonds with other date as the Speaker of the House of Rep- the country, and the winners of these fellow officers from across the nation. The resentatives and the Committee on Rules and races will represent the Washington service also allows the survivors of officers Administration of the Senate may jointly des- Metropolitan Area at the National killed in the line of duty to gain strength and ignate. finals to be held in Akron, Ohio.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 5264 CONGRESSIONAL RECORD—HOUSE March 23, 1999 I support the resolution and urge my ington Soap Box Derby to hold its race here the gentleman from New Jersey (Mr. colleagues to join me in supporting it. on the Capitol grounds along Constitution Ave- FRANKS) that the House suspend the Mr. Speaker, I reserve the balance of nue. rules and agree to the concurrent reso- my time. Two weeks ago, I proudly introduced H. lution, House Concurrent Resolution Mr. SHOWS. Mr. Speaker, I yield my- Con. Res. 47 to permit the 58th running of the 47, as amended. self such time as I may consume. Greater Washington Soap Box Derby, which is The question was taken; and (two- Mr. Speaker, I am delighted to join to take place on July 10, 1999. This resolution thirds having voted in favor thereof) the sponsor, the gentleman from Mary- authorizes the Architect of the Capitol, the the rules were suspended and the con- land (Mr. HOYER), in supporting House Capitol Police Board, and the Greater Wash- current resolution, as amended, was Concurrent Resolution 47, and ac- ington Soap Box Derby Association to nego- agreed to. knowledge the efforts of the gentleman tiate the necessary arrangements for carrying A motion to reconsider was laid on from Maryland (Mr. HOYER), who has out the running of the Greater Washington the table. been such a champion for his constitu- Soap Box Derby. f ents for this event. In the past, the full House has supported House Concurrent Resolution 47 au- this resolution once reported favorably by the GENERAL LEAVE thorizes the use of the Capitol grounds full Transportation Committee. I ask for my for the Greater Washington Soap Box Mr. FRANKS of New Jersey. Mr. colleagues to join with me, and Representa- Speaker, I ask unanimous consent that Derby. Youngsters ages 9 through 16 tives ALBERT WYNN, CONNIE MORELLA, JIM construct and operate their own soap all Members may have 5 legislative MORAN, and FRANK WOLF in supporting this box vehicles. On July 10, 1999, these days within which to revise and extend resolution. their remarks and include extraneous youngsters from the Greater Wash- Each year since 1992, the Greater Wash- ington Area will race down Constitu- material on H.R. 751, H.R. 130, H. Con. ington Soap Box Derby has welcomed over 40 Res. 52, H. Con. Res. 50, H. Con. Res. 44, tion Avenue to test the principles of contestants which has made the Washington, aerodynamics. and H. Con. Res. 47, the measures just DC race one of the largest in the country. Par- approved by the House. Mr. Speaker, many volunteers donate ticipants range from ages 9 to 16 and hail considerable time supporting the event The SPEAKER pro tempore. Is there from communities in Maryland, the District of and providing this family-oriented, objection to the request of the gen- Columbia and Virginia. The winners of this fun-filled day. The event has grown in tleman from New Jersey? local event will represent the Washington met- popularity, and Washington is known There was no objection. ropolitan area in the national race, which will as one of the outstanding race cities. f Mr. Speaker, I support House Concur- be held in Akron, Ohio on July 31, 1999. The soap box derby provides our young rent Resolution 47, and I thank the FEDERAL RETIREMENT COVERAGE people with an opportunity to gain valuable gentleman from Maryland (Mr. HOYER) CORRECTIONS ACT skills such as engineering and aerodynamics. for bringing forward the resolution. Mr. SCARBOROUGH. Mr. Speaker, I Furthermore, the derby promotes team work, a Mr. Speaker, I yield such time as he move to suspend the rules and pass the strong sense of accomplishment, sportsman- may consume to the distinguished gen- bill (H.R. 416) to provide for the rec- ship, leadership, and responsibility. tleman from Maryland (Mr. HOYER). tification of certain retirement cov- Mr. HOYER. I thank the gentleman These are positive attributes that we should encourage children to carry into adulthood. erage errors affecting Federal employ- from Mississippi (Mr. SHOWS) for yield- The young people involved spend months pre- ees, and for other purposes, as amend- ing me this time. ed. Mr. Speaker, I want to thank the paring for this race, and the day that they complete it makes it all the more worthwhile. The Clerk read as follows: gentleman from Mississippi and Susan H.R. 416 Brita in particular, not because the I would like to thank BOB FRANKS, the chair- Be it enacted by the Senate and House of Rep- gentleman from Mississippi is not the man of the Public Buildings Subcommittee, and BOB WISE the ranking member for moving resentatives of the United States of America in most important as the ranking member Congress assembled, but Susan Brita has been at this for- this legislation. Much credit also goes to Chairman SHUSTER SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ever. We have worked closely with her and Ranking Member OBERSTAR for being so (a) SHORT TITLE.—This Act may be cited as and she knows much more about the supportive over the years. Finally, I would like the ‘‘Federal Retirement Coverage Correc- soap box derby, I think, than anyone to recognize Susan Brita who is such an asset tions Act’’. else on our side of the aisle. I know on (b) TABLE OF CONTENTS.—The table of con- to us all at the Public Buildings Subcommittee. tents for this Act is as follows: the other side of the aisle there is great Mr. OBERSTAR. Mr. Speaker, the Soap knowledge about it. I want to thank Box Derby represents the best in ‘‘volunta- Sec. 1. Short title; table of contents. Sec. 2. Definitions. the Committee on Transportation and rism’’, as volunteers from across the Greater Infrastructure committee for bringing Sec. 3. Applicability. Washington area, many of them parents of Sec. 4. Restriction relating to future correc- this bill forward. participating children, donate hours of time to Mr. Speaker, the soap box derby is a tions. provide an opportunity to learn, compete, and Sec. 5. Irrevocability of elections. tradition in America. It has become a share in this family event. tradition on Capitol Hill. Because it is TITLE I—DESCRIPTION OF RETIREMENT Since 1992, this local event has tripled in COVERAGE ERRORS TO WHICH THIS Capitol Hill, we need to give authoriza- size. Approximately 50 youngsters will join in ACT APPLIES AND MEASURES FOR tion. Allowing this to occur on Capitol the 58th running of the Soap Box Derby, here THEIR RECTIFICATION Hill is an appropriate action that we in Washington D.C., making this event one of Subtitle A—Employee Who Should Have take every year, because this is the the biggest in the country. Been FERS Covered, But Who Was Erro- kind of event that makes Americans The 1997 super-stock DC winner came in neously CSRS Covered or CSRS-Offset Cov- proud, it gives young people a sense of second place at the national race. ered Instead responsibility and enterprise and it Our thanks to the gentleman from Maryland, Sec. 101. Elections. gives them also a sense of competition, Mr. HOYER, for his attention to this event, and Sec. 102. Effect of an election to be trans- all of which will redound to their ben- for his annual sponsorship of this resolution. ferred from CSRS to FERS to efit and redound to the benefit of the I support this resolution. correct a retirement coverage Nation. Mr. SHOWS. Mr. Speaker, I have no error. Again, I thank the committee for re- additional requests for time, and I Sec. 103. Effect of an election to be transporting this bill out in such a timely ferred from CSRS-Offset to yield back the balance of my time. FERS to correct a retirement fashion, and I thank in particular Mr. FRANKS of New Jersey. Mr. coverage error. Susan Brita who does such an extraor- Speaker, I yield back the balance of Sec. 104. Effect of an election to be trans- dinary job for all of us. my time. ferred from CSRS to CSRS-Off- Mr. Speaker, for the last eight years, I have The SPEAKER pro tempore. The set to correct a retirement cov- sponsored a resolution for the Greater Wash- question is on the motion offered by erage error.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0655 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5265 Sec. 105. Effect of an election to be restored Subtitle G—Additional Provisions Relating posed under section 3101(a) of the Internal (or transferred) to CSRS-Offset to Government Agencies Revenue Code of 1986 (relating to Old-Age, after having been corrected to Sec. 161. Repayment required in certain sit- Survivors and Disability Insurance). FERS from CSRS-Offset (or uations. (12) OASDI EMPLOYER TAX.—The term CSRS). Sec. 162. Equitable sharing of amounts pay- ‘‘OASDI employer tax’’ means the tax im- Sec. 106. Effect of election to remain FERS able from the Government if posed under section 3111(a) of the Internal covered after having been cor- more than one agency involved. Revenue Code of 1986 (relating to Old-Age, rected to FERS from CSRS-Off- Sec. 163. Provisions relating to the original Survivors and Disability Insurance). set (or CSRS). responsible agency. (13) OASDI TRUST FUNDS.—The term Subtitle B—Employee Who Should Have TITLE II—GENERAL PROVISIONS ‘‘OASDI trust funds’’ means the Federal Old- Been FERS Covered, CSRS-Offset Covered, Sec. 201. Identification and notification re- Age and Survivors Insurance Trust Fund and or CSRS Covered, But Who Was Erro- quirements. the Federal Disability Insurance Trust Fund. neously Social Security-Only Covered In- Sec. 202. Individual appeal rights. (14) PERIOD OF ERRONEOUS COVERAGE.—The stead Sec. 203. Information to be furnished by term ‘‘period of erroneous coverage’’ means, Sec. 111. Elections. Government agencies to au- in the case of a retirement coverage error, Sec. 112. Effect of an election to become thorities administering this the period throughout which retirement cov- FERS covered to correct the re- Act. erage is in effect pursuant to such error (or tirement coverage error. Sec. 204. Regulations. would have been in effect, but for such Sec. 113. Effect of an election to become Sec. 205. All elections to be approved by error). CSRS-Offset covered to correct OPM. (15) RETIREMENT COVERAGE DETERMINA- the retirement coverage error. Sec. 206. Technical and conforming amend- TION.—The term ‘‘retirement coverage deter- Sec. 114. Effect of an election to become ments. mination’’ means a determination by an em- CSRS covered to correct the re- TITLE III—OTHER PROVISIONS ployee or agent of the Government as to tirement coverage error. Sec. 301. Provisions to permit continued whether a particular type of Government Subtitle C—Employee Who Should Have conformity of other Federal re- service is CSRS covered, CSRS-Offset cov- Been Social Security-Only Covered, But tirement systems. ered, FERS covered, or Social Security-Only Who Was Erroneously FERS Covered, Sec. 302. Provisions to prevent reductions in covered. CSRS-Offset Covered, or CSRS Covered In- force and any unfunded liabil- (16) RETIREMENT COVERAGE ERROR.—The stead ity in the CSRDF. term ‘‘retirement coverage error’’ means a Sec. 303. Individual right of action preserved retirement coverage determination that, as a Sec. 121. Uncorrected error: employee who for amounts not otherwise pro- result of any error, misrepresentation, or in- should be Social Security-Only vided for under this Act. action on the part of an employee or agent of covered, but who is erroneously SEC. 2. DEFINITIONS. the Government (including an error as de- FERS covered instead. For purposes of this Act: scribed in section 163(b)(2)), causes an indi- Sec. 122. Uncorrected error: employee who (1) CSRS.—The term ‘‘CSRS’’ means the vidual erroneously to be enrolled or not en- should be Social Security-Only Civil Service Retirement System. rolled in a retirement system, as further de- covered, but who is erroneously (2) CSRDF.—The term ‘‘CSRDF’’ means scribed in the applicable subtitle of title I. CSRS-Offset covered instead. Sec. 123. Uncorrected error: employee who the Civil Service Retirement and Disability (17) SOCIAL SECURITY-ONLY COVERED.—The should be Social Security-Only Fund. term ‘‘Social Security-Only covered’’, with covered, but who is erroneously (3) CSRS COVERED.—The term ‘‘CSRS cov- respect to any service, means Government CSRS covered instead. ered’’, with respect to any service, means service that constitutes employment under Sec. 124. Corrected error: situations under service that is subject to the provisions of section 210 of the Social Security Act (42 sections 121–123. subchapter III of chapter 83 of title 5, United U.S.C. 410), and that— Sec. 125. Vested employees excepted from States Code, other than those that apply (A) is subject to OASDI taxes; but automatic exclusion. only with respect to an individual described (B) is not subject to any retirement system in section 8402(b)(2) of such title. for Government employees (disregarding Subtitle D—Employee Who Should Have (4) CSRS-OFFSET COVERED.—The term title II of the Social Security Act). Been CSRS Covered or CSRS-Offset Cov- ‘‘CSRS-Offset covered’’, with respect to any (18) THRIFT SAVINGS FUND.—The term ered, But Who Was Erroneously FERS Cov- service, means service that is subject to the ‘‘Thrift Savings Fund’’ means the Thrift ered Instead provisions of subchapter III of chapter 83 of Savings Fund established under section 8437 Sec. 131. Elections. title 5, United States Code, that apply with of title 5, United States Code. Sec. 132. Effect of an election to be trans- respect to an individual described in section ferred from FERS to CSRS to SEC. 3. APPLICABILITY. 8402(b)(2) of such title. (a) IN GENERAL.—Subject to subsection (b), correct a retirement coverage (5) EMPLOYEE.—The term ‘‘employee’’ this Act shall apply with respect to any re- error. means an employee as defined by section 8331 Sec. 133. Effect of an election to be trans- tirement coverage error that occurs before, or 8401 of title 5, United States Code, and any ferred from FERS to CSRS-Off- on, or after the date of enactment of this other individual (not satisfying either of set to correct a retirement cov- Act, excluding any error corrected within 1 those definitions) serving in an appointive or erage error. year after the date on which it occurs. elective office or position in the executive, Sec. 134. Effect of an election to be restored (b) LIMITATION.—Nothing in this Act shall legislative, or judicial branch of the Govern- to FERS after having been cor- affect any retirement coverage or treatment ment who, by virtue of that service, is per- rected to CSRS. accorded with respect to any individual in Sec. 135. Effect of an election to be restored mitted or required to be CSRS covered, connection with any period beginning before to FERS after having been cor- CSRS-Offset covered, FERS covered, or So- the first day of the first applicable pay pe- rected to CSRS-Offset. cial Security-Only covered. riod beginning on or after January 1, 1984. Sec. 136. Disqualification of certain individ- (6) EXECUTIVE DIRECTOR.—The term ‘‘Exec- SEC. 4. RESTRICTION RELATING TO FUTURE uals to whom same election was utive Director of the Federal Retirement CORRECTIONS. previously available. Thrift Investment Board’’ or ‘‘Executive Di- (a) IN GENERAL.—Except as otherwise pro- rector’’ means the Executive Director ap- vided in this Act, any individual who, on or Subtitle E—Employee Who Should Have pointed under section 8474 of title 5, United after the date of enactment of this Act, be- Been CSRS-Offset Covered, But Who Was States Code. comes or remains affected by a retirement Erroneously CSRS Covered Instead (7) FERS.—The term ‘‘FERS’’ means the coverage error may not be excluded from or Sec. 141. Automatic transfer to CSRS-Offset. Federal Employees’ Retirement System. made subject to any retirement system for Sec. 142. Effect of transfer. (8) FERS COVERED.—The term ‘‘FERS cov- the sole purpose of correcting such error. Subtitle F—Employee Who Should Have ered’’, with respect to any service, means (b) COORDINATION WITH OTHER LAWS.— Been CSRS Covered, But Who Was Erro- service that is subject to chapter 84 of title (1) IN GENERAL.—Nothing in this Act shall neously CSRS-Offset Covered Instead 5, United States Code. be considered to preclude any voluntary re- Sec. 151. Elections. (9) GOVERNMENT.—The term ‘‘Government’’ tirement coverage election made other than Sec. 152. Effect of an election to be trans- has the meaning given such term by section under this Act. ferred from CSRS-Offset to 8331(7) of title 5, United States Code. (2) REGULATIONS.—The Office of Personnel CSRS to correct the retirement (10) OASDI TAXES.—The term ‘‘OASDI Management shall prescribe any regulations coverage error. taxes’’ means the OASDI employee tax and which may be necessary to apply this Act in Sec. 153. Effect of an election to be restored the OASDI employer tax. the case of any individual who changes re- to CSRS-Offset after having (11) OASDI EMPLOYEE TAX.—The term tirement coverage pursuant to an election been corrected to CSRS. ‘‘OASDI employee tax’’ means the tax im- described in paragraph (1).

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SEC. 5. IRREVOCABILITY OF ELECTIONS. an employee described in subsection (a) shall (D) DEFINITION OF LUMP-SUM CREDIT.—For Any election made (or deemed to have been be forfeited. purposes of this paragraph, the term ‘‘lump- made) under this Act by an employee or any (ii) EXCESS AMOUNT DEFINED.—The excess sum credit’’ has the meaning given such other individual shall be irrevocable. amount described in this clause is, in the term by section 8331 of title 5, United States TITLE I—DESCRIPTION OF RETIREMENT case of an employee, the amount by which— Code, except as the context may otherwise COVERAGE ERRORS TO WHICH THIS (I) that portion of the employee’s lump- indicate. ACT APPLIES AND MEASURES FOR sum credit that is attributable to the period (E) PROVISIONS RELATING TO THE APPLICA- THEIR RECTIFICATION of erroneous coverage involved, exceeds (if at TION OF THIS PARAGRAPH IN OTHER SITUA- Subtitle A—Employee Who Should Have Been all) TIONS.— FERS Covered, But Who Was Erroneously (II) the total of the amount described in (i) GENERAL AUTHORITY.—To the extent CSRS Covered or CSRS-Offset Covered In- subparagraph (A) plus the amount that necessary to permit the operation of this stead should have been deducted under section 8422 paragraph in any situation covered by any SEC. 101. ELECTIONS. of title 5, United States Code, from the pay other provisions of this Act (which incor- (a) APPLICABILITY.—This subtitle shall of the employee for the period of erroneous porate this paragraph by reference), any nec- apply in the case of any employee who— coverage involved. essary technical and conforming amend- (1) should be (or should have been) FERS (C) RULE IF LUMP-SUM CREDIT IS LESS THAN ments to this paragraph not otherwise spe- covered but, as a result of a retirement cov- TOTAL EMPLOYEE CONTRIBUTIONS TO OASDI AND cifically provided for (such as citations to erage error, is (or was) CSRS covered in- CSRDF THAT SHOULD HAVE BEEN MADE.— appropriate provisions of law corresponding stead; or (i) IN GENERAL.— to provisions cited in this paragraph) shall (2) should be (or should have been) FERS (I) SHORTFALL TO BE MADE UP BY AGENCY.— be made under regulations which the Office covered but, as a result of a retirement cov- If the amount described in subparagraph of Personnel Management shall prescribe. erage error, is (or was) CSRS-Offset covered (B)(ii)(I) is less than the total amount de- (ii) SPECIAL RULE.— instead. scribed in subparagraph (B)(ii)(II), an (I) DEPOSITS NOT PRECLUDED BY FERS RE- (b) UNCORRECTED ERROR.—If, at the time of amount equal to the shortfall shall be made STRICTION.—Nothing in section 8424(a) of title making an election under this section, the up (in such manner as the Commissioner of 5, United States Code, shall, in any situation retirement coverage error described in para- Social Security shall prescribe) by the agen- covered by this Act, prevent the making of graph (1) or (2) of subsection (a) (as applica- cy in or under which the employee is then any deposit (and crediting, for retirement ble) has not been corrected, the employee af- employed, out of amounts otherwise avail- purposes, of service for the corresponding pe- fected by such error may elect— able in the appropriation, fund, or account riod of time) to the extent that the deposit (1) to be FERS covered instead; or from which any OASDI employer tax or con- relates to the period of erroneous coverage (2) to remain (or instead become) CSRS- tribution to the CSRDF (as applicable) may involved. Offset covered. be made, except as provided in subclause (II) (II) EXCEPTION.—The preceding sentence (c) CORRECTED ERROR.—If, at the time of or clause (iii)(I). shall not apply in any situation in which the making an election under this section, the (II) REDUCTION FOR DEPOSIT DUE.—In any employee involved was erroneously FERS retirement coverage error described in para- case in which a deposit is required under covered, and remained FERS covered after graph (1) or (2) of subsection (a) (as applica- clause (ii), the amount required to be made the rectification provided for under this Act. ble) has been corrected, the employee af- up under subclause (I) shall be reduced by (2) GOVERNMENT CONTRIBUTIONS.— fected by such error may elect— the amount of the deposit so required (but (A) TRANSFER TO OASDI TRUST FUNDS.— (1) to be CSRS-Offset covered instead; or not below zero). There shall be transferred from the CSRDF (2) to remain FERS covered. (ii) DEPOSIT REQUIREMENT.— to the OASDI trust funds the excess of— (d) DEFAULT RULE.— (I) IN GENERAL.—To the extent that the (i) the amount of the OASDI employer tax (1) IN GENERAL.—If the employee is given shortfall under clause (i) is due to the any that should have been paid with respect to written notice in accordance with section 201 lump-sum credit received by the employee the employee for the period of erroneous cov- as to the availability of an election under (for which an appropriate deposit under sec- erage involved, over this section, but does not make any such tion 8334(d)(1) of title 5, United States Code, (ii) the amount of the OASDI employer tax election within the 6-month period beginning has not been made), the employee shall be that may be assessed under section 6501 of on the date on which such notice is so given, required to repay an amount equal to the the Internal Revenue Code of 1986 in connec- the option under subsection (b)(2) or (c)(2), as amount of such deposit, except as provided tion with such employee, determined in such applicable, shall be deemed to have been in clause (iii)(I). manner as the Secretary of the Treasury elected on the last day of such period. (II) TREATMENT AS A DEBT DUE.—If an em- shall by regulation prescribe. (2) CSRS NOT AN OPTION.—Nothing in this ployee fails to pay the amount required (B) RULE IF CSRDF CONTRIBUTIONS ACTUALLY section shall be considered to afford an em- under subclause (I), that amount shall be re- MADE ARE LESS THAN TOTAL GOVERNMENT CON- ployee the option of becoming or remaining coverable by the CSRDF under the same au- TRIBUTIONS TO OASDI AND CSRDF THAT SHOULD CSRS covered. thorities (including to waive a right of recov- HAVE BEEN MADE.— (e) RETROACTIVE EFFECT.—An election ery) as described in section 114(b)(2). For pur- (i) IN GENERAL.—If the total Government under this section (including an election by poses of any exercise of authority under the contributions to the CSRDF that were made default, and an election to remain covered by preceding sentence, the Director of the Of- with respect to the employee for the period the retirement system by which the electing fice of Personnel Management shall be con- of erroneous coverage involved are less than individual is covered as of the date of the sidered the head of the agency concerned. the amount described in clause (ii), an election) shall be effective retroactive to the (iii) SPECIAL RULES.— amount equal to the shortfall shall be made effective date of the retirement coverage (I) DEPOSIT FOR FERS DEDUCTIONS NOT MAN- up (in such manner as the Commissioner of error (as referred to in subsection (a)) to DATORY.—Nothing in this subparagraph Social Security shall prescribe) by the agen- which such election relates. shall, in any situation described in clause cy in or under which the employee is then SEC. 102. EFFECT OF AN ELECTION TO BE TRANS- (ii), be considered to require any agency employed. FERRED FROM CSRS TO FERS TO CORRECT A RETIREMENT COV- make-up payment (or employee repayment) (ii) DESCRIPTION OF AMOUNT.—The amount ERAGE ERROR. of any portion of the lump-sum credit (be- described in this clause is the total of— (a) APPLICABILITY.—This section shall yond any amount necessary in order to per- (I) the amount required to be transferred apply in the case of any employee affected mit the transfer described in paragraph under subparagraph (A), plus by an error described in section 101(a)(1) who (1)(A)) which would be assignable to amounts (II) the amount that should have been con- elects the option under section 101(b)(1). that should have been deducted under sec- tributed by the Government under section (b) DISPOSITION OF CONTRIBUTIONS TO THE tion 8422 of title 5, United States Code, from 8423 of title 5, United States Code, for such CSRDF.— pay of the employee involved. employee with respect to such period. (1) EMPLOYEE CONTRIBUTIONS.— (II) AUTHORITY TO MAKE FERS DEPOSIT.—An (iii) SOURCE OF PAYMENTS.—Any amount (A) TRANSFER TO OASDI TRUST FUNDS.— employee under this section who has re- required to be paid by an agency under There shall be transferred from the CSRDF ceived a lump-sum credit (described in clause clause (i) shall be payable out of any appro- to the OASDI trust funds an amount equal to (ii)(I)) may not be credited, under chapter 84 priation, fund, or account available to such the amount of the OASDI employee tax that of title 5, United States Code, with any pe- agency for making Government contribu- should have been deducted and withheld riod of service to which that lump-sum cred- tions to the CSRDF or the OASDI trust from the Federal wages of the employee for it relates unless the employee deposits into funds (as appropriate). the period of erroneous coverage involved. the CSRDF an amount equal to the percent- (c) MAKEUP CONTRIBUTIONS TO THE THRIFT (B) RULE IF THERE ARE EXCESS CSRDF CON- age of such employee’s basic pay (for such SAVINGS FUND.— TRIBUTIONS.— period of service) that should have been de- (1) IN GENERAL.—An employee to whom (i) IN GENERAL.—Any excess amount deducted under section 8422 of title 5, United this section applies is entitled to have con- scribed in clause (ii) that is attributable to States Code. tributed to the Thrift Savings Fund on such

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5267 employee’s behalf, in addition to any regular Code, that would have applied to such em- section shall not apply in the case of any em- employee or Government contributions that ployee with respect to such year. ployee who, pursuant to the election referred would be permitted or required for the year (3) LOST EARNINGS.— to in subsection (a), becomes subject to sec- in which the contributions under this sub- (A) IN GENERAL.—Lost earnings on any tion 8440a, 8440b, 8440c, or 8440d of title 5, section are made, an amount equal to the amounts referred to in subparagraph (A), (B), United States Code. sum of— or (C) of paragraph (1) shall, to the extent (6) REGULATIONS.—The Executive Director (A) the amount determined under para- those amounts are attributable to contribu- of the Federal Retirement Thrift Investment graph (2) with respect to such employee for tions that should have been made with re- Board shall prescribe any regulations nec- the period of erroneous coverage involved; spect to a particular year, be determined in essary to carry out this subsection. (B) an amount equal to the total contribu- the same way as if those amounts had in fact SEC. 103. EFFECT OF AN ELECTION TO BE TRANS- tions that should have been made for such been timely contributed and allocated FERRED FROM CSRS-OFFSET TO employee under section 8432(c)(1) of title 5, among the TSP investment funds in accord- FERS TO CORRECT A RETIREMENT United States Code, for the period of erro- ance with— COVERAGE ERROR. neous coverage involved; (i) the investment fund election that was (a) APPLICABILITY.—This section shall (C) an amount equal to the total contribu- accepted by the employing agency before the apply in the case of any employee affected tions that should have been made for such date the contribution should have been made by an error described in section 101(a)(2) who employee under section 8432(c)(2) of title 5, and that was still in effect as of that date; or elects the option under section 101(b)(1). United States Code, for the period of erro- (ii) if no such election was then in effect (b) EFFECT OF ELECTION.—In the case of an neous coverage involved (taking into ac- for the employee, the investment fund elec- employee described in subsection (a), the fol- count both the amount referred to in sub- tion attributed to such employee with re- lowing provisions shall apply: paragraph (A) and any contributions to the spect to such year. (1) Section 102(b) (relating to disposition of Thrift Savings Fund actually made by such (B) INVESTMENT FUND ELECTION ATTRIB- contributions to the CSRDF), but dis- employee with respect to the period in- UTED.—For purposes of subparagraph (A)(ii), regarding provisions relating to transfers to volved); and the investment fund election attributed to OASDI trust funds. (D) an amount equal to lost earnings on an employee with respect to a particular (2) Section 102(c) (relating to makeup con- the amounts referred to in subparagraphs (A) year is— tributions to the Thrift Savings Fund). through (C), determined in accordance with (i) the average percentage allocation of SEC. 104. EFFECT OF AN ELECTION TO BE TRANS- paragraph (3). TSP contributions among the TSP invest- FERRED FROM CSRS TO CSRS-OFF- (2) AMOUNT BASED ON AVERAGE PERCENTAGE ment funds from all sources, with respect to SET TO CORRECT A RETIREMENT COVERAGE ERROR. OF PAY CONTRIBUTED BY EMPLOYEES DURING that year, except that the investment fund (a) APPLICABILITY.—This section shall PERIOD OF ERRONEOUS COVERAGE.— election attributed to contributions in years apply in the case of any employee affected (A) IN GENERAL.—The amount determined prior to 1991 shall be the G Fund; or by an error described in section 101(a)(1) who under this paragraph with respect to an em- (ii) if such average percentage allocation elects the option under section 101(b)(2). ployee for a period of erroneous coverage for the year in question is unavailable, the (b) SAME AS IN THE CASE OF AN ELECTION TO shall be equal to the amount of the contribu- average percentage allocation for the most tions such employee would have made if, RATIFY ERRONEOUS CSRS-OFFSET COV- recent year prior to the year in question during each calendar year in such period, the ERAGE.— that is available. employee had contributed the percentage of (1) IN GENERAL.—The effect of an election (C) DEFINITION OF INVESTMENT FUND ELEC- such employee’s basic pay for such year spec- described in subsection (a) shall be as de- TION, ETC.—For purposes of this paragraph— ified in subparagraph (B) (determined dis- scribed in section 101(b)(2), except that the (i) the term ‘‘investment fund election’’ regarding any contributions actually made provisions of section 102(b) shall also apply. means a choice by a participant concerning by such employee with respect to the year (2) APPROPRIATE PERCENTAGES TO BE USED how contributions to the Thrift Savings Plan involved). IN DETERMINING EMPLOYEE AND GOVERNMENT shall be allocated among the TSP invest- (B) PERCENTAGE TO BE APPLIED.— CONTRIBUTIONS TO CSRDF.—For purposes of ment funds; (i) IN GENERAL.—The percentage to be ap- paragraph (1), section 102(b) shall be applied plied under this subparagraph in the case of (ii) the term ‘‘participant’’ means any per- by substituting ‘‘the relevant provisions of any employee with respect to a particular son with an account in the Thrift Savings section 8334(k)’’ for ‘‘section 8422’’ and ‘‘sec- year is— Plan, or who would have an account in the tion 8423’’. Thrift Savings Plan but for an employing (I) the average percentage of basic pay that SEC. 105. EFFECT OF AN ELECTION TO BE RE- agency error (including an error as described was contributed for such year under section STORED (OR TRANSFERRED) TO 8432(a) of title 5, United States Code, by full- in section 163(b)(2)); CSRS-OFFSET AFTER HAVING BEEN time FERS covered employees who contrib- (iii) the term ‘‘TSP investment funds’’ CORRECTED TO FERS FROM CSRS- uted to the Thrift Savings Fund in such year means the C Fund, the F Fund, the G Fund, OFFSET (OR CSRS). and for whom a salary rate is recorded (as of and any other investment fund in the Thrift (a) APPLICABILITY.—This section shall June 30 of such year) in the central per- Savings Plan created after December 27, 1996; apply in the case of any employee affected sonnel data file maintained by the Office of and by an error described in paragraph (1) or (2) Personnel Management; or (iv) the terms ‘‘C Fund’’, ‘‘F Fund’’, and ‘‘G of section 101(a) who (after having been cor- (II) if such average percentage for the year Fund’’ refer to the funds described in para- rected to FERS coverage) elects the option in question is unavailable, the average per- graphs (1), (3), and (4), respectively, of sec- under section 101(c)(1). centage for the most recent year prior to the tion 8438(a) of title 5, United States Code. (b) DISPOSITION OF CONTRIBUTIONS TO THE year in question that is available. (4) MAKEUP CONTRIBUTION TO BE MADE IN A CSRDF.— (ii) PERCENTAGE CONTRIBUTED.—For pur- LUMP SUM.— (1) IN GENERAL.—The provisions of section poses of clause (i)(I), the percentage of basic (A) IN GENERAL.—Any amount to which an 102(b) shall apply in the case of an employee pay for each employee included in the aver- employee is entitled under this subsection described in subsection (a), subject to para- age shall be determined by dividing the total shall be paid promptly by the agency in or graph (2). employee contributions received into the under which the electing employee is (as of (2) NO TRANSFERS FOR AMOUNTS ALREADY Thrift Savings Plan account of that em- the date of the election) employed, in a lump PAID INTO OASDI, ETC.—For purposes of para- ployee during such year by the annual salary sum, upon notification to such agency under graph (1), section 102(b) shall be applied in rate for that employee as recorded in the subparagraph (B)(ii) as to the amount due. conformance with the following: central personnel data file (referred to in (B) BOARD FUNCTIONS.—The regulations (A) NO DOUBLE PAYMENTS INTO OASDI.—To clause (i)(I)) as of June 30 of such year. under paragraph (6) shall include provisions the extent that the appropriate OASDI em- (C) LIMITATIONS.—In no event may the under which— ployee or employer tax has already been paid amount determined under this paragraph for (i) each employing agency shall be required for the total period involved (or any portion an individual with respect to a year exceed to determine and notify the Federal Retire- thereof), reduce the respective amounts re- the amount that, if added to the amount of ment Thrift Investment Board, in a timely quired by paragraphs (1)(A) and (2)(A)(i) of the contributions that were actually made manner, as to any amounts under paragraph section 102(b) accordingly. by such individual to the Thrift Savings (1)(A)–(C) owed by such agency; and (B) APPROPRIATE PERCENTAGES TO BE USED Fund with respect to such year (if any), (ii) the Board shall, based on the informa- IN DETERMINING EMPLOYEE AND GOVERNMENT would cause the total to exceed— tion it receives from an agency under clause CONTRIBUTIONS TO CSRDF.—Substitute ‘‘the (i) any limitation under section 415 or any (i), determine lost earnings on those relevant provisions of section 8334(k)’’ for other provision of the Internal Revenue Code amounts and promptly notify such agency as ‘‘section 8422’’ and ‘‘section 8423’’. of 1986 that would have applied to such em- to the total amounts due from it under this (C) APPROPRIATE LUMP-SUM CREDIT TO BE ployee with respect to such year; or subsection. USED.—The appropriate lump-sum credit to (ii) any limitation under section 8432(a) or (5) JUSTICES AND JUDGES; MAGISTRATES; be used under this subsection shall be deter- any other provision of title 5, United States ETC.—The preceding provisions of this sub- mined in accordance with regulations to be

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 5268 CONGRESSIONAL RECORD—HOUSE March 23, 1999 prescribed by the Office of Personnel Man- plicable) has not been corrected, the em- by an error described in section 111(a)(2) who agement. ployee affected by such error may elect— elects the option under section 111(b)(1)(B). (D) PROVISIONS TO BE APPLIED WITH RESPECT (1)(A) in the case of an error described in (b) MAKEUP CONTRIBUTIONS TO THE TO THE TOTAL PERIOD INVOLVED.—Substitute subsection (a)(1), to be FERS covered as well; CSRDF.—Upon notification that an em- ‘‘total period involved (as defined by section (B) in the case of an error described in sub- ployee has made an election under this sec- 105)’’ for ‘‘period of erroneous coverage in- section (a)(2), to be CSRS-Offset covered as tion, the agency in or under which such em- volved’’. well; or ployee is employed shall promptly pay to the (c) DISPOSITION OF EXCESS TSP CONTRIBU- (C) in the case of an error described in sub- CSRDF, in a lump sum, an amount equal to TIONS.— section (a)(3), to be CSRS covered instead; or the sum of— (1) GOVERNMENT CONTRIBUTIONS.—All Gov- (2) to remain Social Security-Only covered. (1) the amount that should have been de- ernment contributions made on behalf of the (c) CORRECTED ERROR.— ducted and withheld from the pay of the em- employee to the Thrift Savings Fund that (1) IN GENERAL.—Not later than 6 months ployee for the period of erroneous coverage are attributable to the total period involved after the date of enactment of this Act, there involved under section 8334 of title 5, United (including any earnings thereon) shall be for- shall be submitted to the Congress a pro- States Code; and feited. For the purpose of section 8437(d) of posal (including any necessary draft legisla- (2) the Government contributions that title 5, United States Code, amounts so for- tion) to carry out the policy described in should have been paid under section 8334 of feited shall be treated as if they were paragraph (2). title 5, United States Code, for the period of amounts forfeited under section 8432(g) of (2) POLICY.—Under the proposal, any em- erroneous coverage involved. such title. ployee with respect to whom the retirement (c) MAKEUP CONTRIBUTIONS TO THE THRIFT (2) EMPLOYEE CONTRIBUTIONS.—The election coverage error described in paragraph (1), (2), SAVINGS FUND.— referred to in subsection (a) shall not be or (3) of subsection (a) (as applicable) has al- (1) IN GENERAL.—Makeup contributions to taken into account for purposes of any deter- ready been corrected, but under terms less the Thrift Savings Fund shall be made by mination relating to the disposition of any advantageous to the employee than would the employing agency in the same manner as employee contributions to the Thrift Sav- have been the case under this Act, shall be described in section 102(c) (but disregarding ings Fund, attributable to the total period afforded a reasonable opportunity to obtain subparagraphs (B) and (C) of paragraph (1) involved, that were in excess of the max- treatment comparable to the treatment af- thereof, and the other provisions of section imum amount that would have been allow- forded under this Act. 102(c) to the extent that they relate to those able under applicable provisions of sub- (3) JOINT ACTION.—This subsection shall be subparagraphs). chapter III of chapter 83 of title 5, United carried out by the Director of the Office of (2) APPROPRIATE PERCENTAGES, ETC. TO BE States Code (including any earnings there- Personnel Management, in consultation with USED.—For purposes of paragraph (1), section on). the Executive Director of the Federal Retire- 102(c) shall be applied— (d) DEFINITION OF TOTAL PERIOD IN- ment Thrift Investment Board and the Com- (A) by substituting ‘‘section 8351(b)’’ for VOLVED.—For purposes of this section, the missioner of Social Security. ‘‘section 8432(a)’’ and by substituting ‘‘CSRS term ‘‘total period involved’’ means the pe- (d) DEFAULT RULE.—In the case of any em- covered and CSRS-Offset covered’’ for riod beginning on the effective date of the ployee to whom subsection (b) applies, if the ‘‘FERS covered’’ in paragraph (2)(B)(i) there- retirement coverage error involved and end- employee is given written notice in accord- of; and ing on the day before the date on which the ance with section 201 as to the availability of (B) by substituting ‘‘section 8351(b)(2)’’ for election described in subsection (a) is made. an election under this section, but does not make any such election within the 6-month ‘‘section 8432(a)’’ in paragraph (2)(C)(ii) SEC. 106. EFFECT OF ELECTION TO REMAIN FERS thereof. COVERED AFTER HAVING BEEN period beginning on the date on which such CORRECTED TO FERS FROM CSRS- notice is so given, the option under sub- SEC. 114. EFFECT OF AN ELECTION TO BECOME OFFSET (OR CSRS). section (b)(2) shall be deemed to have been CSRS COVERED TO CORRECT THE (a) APPLICABILITY.—This section shall elected on the last day of such period. RETIREMENT COVERAGE ERROR. apply in the case of any employee affected (e) RETROACTIVE EFFECT.—An election (a) APPLICABILITY.—This section shall by an error described in paragraph (1) or (2) under this section (including an election by apply in the case of any employee affected of section 101(a) who (after having been cor- default, and an election to remain covered by by an error described in section 111(a)(3) who rected to FERS coverage) elects the option the retirement system by which the electing elects the option under section 111(b)(1)(C). under section 101(c)(2). individual is covered as of the date of the (b) MAKEUP CONTRIBUTIONS TO THE (b) DISPOSITION OF CONTRIBUTIONS TO THE election) shall be effective retroactive to the CSRDF.— CSRDF.—The provisions of section 102(b) effective date of the retirement coverage (1) IN GENERAL.—Upon notification that an shall apply in the case of an employee de- error (as referred to in subsection (a)) to employee has made an election under this scribed in subsection (a), subject to the same which such election relates. section, the agency in or under which such condition as set forth in section 105(b)(2)(A). SEC. 112. EFFECT OF AN ELECTION TO BECOME employee is employed shall promptly pay to (c) MAKEUP CONTRIBUTIONS TO THE THRIFT FERS COVERED TO CORRECT THE the CSRDF, in a lump sum, an amount equal RETIREMENT COVERAGE ERROR. SAVINGS FUND.—Section 102(c) shall apply, to the sum of— (a) APPLICABILITY.—This section shall except that an agency shall receive credit for (A) the amount that should have been de- apply in the case of any employee affected any automatic or matching Government conducted and withheld from the pay of the em- by an error described in section 111(a)(1) who tributions and any lost earnings paid by such ployee for the period of erroneous coverage elects the option under section 111(b)(1)(A). agency as part of any corrections process involved under section 8334 of title 5, United (b) MAKEUP CONTRIBUTIONS TO THE previously carried out with respect to the States Code; and employee involved. CSRDF.—Upon notification that an employee has made an election under this sec- (B) the Government contributions that Subtitle B—Employee Who Should Have Been should have been paid under such section for FERS Covered, CSRS-Offset Covered, or tion, the agency in or under which such employee is employed shall promptly pay to the the period of erroneous coverage involved. CSRS Covered, But Who Was Erroneously (2) AGENCY TO BE REIMBURSED FOR CERTAIN Social Security-Only Covered Instead CSRDF, in a lump sum, an amount equal to the sum of— AMOUNTS.— SEC. 111. ELECTIONS. (1) the amount that should have been de- (A) IN GENERAL.—The employee for whom (a) APPLICABILITY.—This subtitle shall ducted and withheld from the pay of the em- the payment under paragraph (1) is made apply in the case of any employee who— ployee for the period of erroneous coverage shall repay to the agency (referred to in (1) should be (or should have been) FERS involved under section 8422 of title 5, United paragraph (1)) an amount equal to the covered but, as a result of a retirement cov- States Code; and OASDI employee taxes refunded or refund- erage error, is (or was) Social Security-Only (2) the Government contributions that able to such employee for any portion of the covered instead; should have been paid for the period of erro- period of erroneous coverage involved (com- (2) should be (or should have been) CSRS- neous coverage involved under section 8423 of puted in such manner as the Director of the Offset covered but, as a result of a retire- title 5, United States Code. Office of Personnel Management, with the ment coverage error, is (or was) Social Secu- (c) MAKEUP CONTRIBUTIONS TO THE THRIFT concurrence of the Secretary of the Treas- rity-Only covered instead; or SAVINGS FUND.—Section 102(c) shall apply in ury, shall by regulation prescribe), not to ex- (3) should be (or should have been) CSRS the case of an employee described in sub- ceed the amount described in paragraph covered but, as a result of a retirement cov- section (a). (1)(A). erage error, is (or was) Social Security-Only SEC. 113. EFFECT OF AN ELECTION TO BECOME (B) RIGHT OF RECOVERY; WAIVER.—If the covered instead. CSRS-OFFSET COVERED TO COR- employee fails to repay the amount required (b) UNCORRECTED ERROR.—If, at the time of RECT THE RETIREMENT COVERAGE under subparagraph (A), a sum equal to the making an election under this section, the ERROR. amount outstanding is recoverable by the retirement coverage error described in para- (a) APPLICABILITY.—This section shall Government from the employee (or the em- graph (1), (2), or (3) of subsection (a) (as ap- apply in the case of any employee affected ployee’s estate, if applicable) by—

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(i) setoff against accrued pay, compensa- (c) DISPOSITION OF EMPLOYEE CONTRIBU- (c) ELECTIONS.— tion, amount of retirement credit, or an- TIONS TO THE CSRDF.—There shall be paid to (1) ERRONEOUSLY FERS COVERED.—Any em- other amount due the employee from the the employee, from the CSRDF, the lump- ployee affected by an error described in sec- Government; and sum credit to which such employee would be tion 121 who is determined under this section (ii) such other method as is provided by entitled under section 8342 of title 5, United to satisfy subsection (b) may elect— law for the recovery of amounts owing to the States Code, to the extent attributable to (A) to be treated in accordance with sec- Government. the period of erroneous coverage involved. tion 121; or The head of the agency concerned may (d) DISPOSITION OF TSP CONTRIBUTIONS.—In (B) to remain FERS covered. waive, in whole or in part, a right of recov- the case of an employee described in sub- (2) OTHER CASES.—Any employee affected ery under this paragraph if it is shown that section (a), section 121(d)(2) shall apply. by an error described in section 122 or 123 recovery would be against equity and good SEC. 123. UNCORRECTED ERROR: EMPLOYEE who is determined under this section to sat- conscience or against the public interest. WHO SHOULD BE SOCIAL SECURITY- isfy subsection (b) may elect— ONLY COVERED, BUT WHO IS ERRO- (C) TREATMENT OF AMOUNTS REPAID OR RE- (A) to be treated in accordance with sec- NEOUSLY CSRS COVERED INSTEAD. COVERED.—Any amount repaid by, or recov- tion 122 or 123 (as applicable); or ered from, an individual (or an estate) under (a) IN GENERAL.—Except as provided in sec- (B) to remain (or instead become) CSRS- this paragraph shall be credited to the appro- tion 125, this section shall apply in the case Offset covered. priation account from which the amount in- of any employee who should be Social Secu- (d) EFFECT OF AN ELECTION TO BE TRANS- volved was originally paid. rity-Only covered but, as a result of a retire- FERRED FROM CSRS TO CSRS-OFFSET.—In ment coverage error, is CSRS covered in- (c) MAKEUP CONTRIBUTIONS TO THE THRIFT the case of an employee affected by an error stead. SAVINGS FUND.—In the case of an employee described in section 123 who elects the option described in subsection (a), makeup con- (b) AUTOMATIC EXCLUSION FROM CSRS.—An under subsection (c)(2)(B), the effect of the tributions to the Thrift Savings Fund shall employee described in subsection (a) shall election shall be the same as described in be made in the same manner as described in not, by reason of the retirement coverage section 104. section 113(c). error described in subsection (a), be eligible (e) DEFAULT RULE.—If the employee does to be treated as an individual who is CSRS not make any election within the 6-month Subtitle C—Employee Who Should Have Been covered. Social Security-Only Covered, But Who Was period beginning on the date on which the (c) DISPOSITION OF CONTRIBUTIONS TO THE appropriate notice is given to such em- Erroneously FERS Covered, CSRS-Offset CSRDF.— Covered, or CSRS Covered Instead ployee, the option under paragraph (1)(B) or (1) IN GENERAL.—In the case of an employee (2)(B) of subsection (c), as applicable, shall SEC. 121. UNCORRECTED ERROR: EMPLOYEE described in subsection (a), section 102(b) be deemed to have been elected as of the last WHO SHOULD BE SOCIAL SECURITY- shall apply. day of such period. Nothing in this section ONLY COVERED, BUT WHO IS ERRO- (2) IRRELEVANT PROVISIONS TO BE DIS- NEOUSLY FERS COVERED INSTEAD. shall be considered to afford an employee the REGARDED.—For purposes of paragraph (1), (a) IN GENERAL.—Except as provided in sec- option of becoming or remaining CSRS cov- section 102(b) shall be applied disregarding ered. tion 125, this section shall apply in the case the provisions of paragraphs (1)(B)(ii)(II) (to of any employee who should be Social Secu- (f) RETROACTIVE EFFECT.—An election the extent they relate to amounts that under this section (including an election by rity-Only covered but, as a result of a retire- should have been deducted under section 8422 ment coverage error, is FERS covered in- default, and an election to remain covered by of title 5, United States Code) and the retirement system by which the electing stead. (2)(B)(ii)(II) thereof. (b) AUTOMATIC EXCLUSION FROM FERS.—An individual is covered as of the date of the (d) DISPOSITION OF TSP CONTRIBUTIONS.—In employee described in subsection (a) shall election) shall be effective retroactive to the the case of an employee described in sub- effective date of the retirement coverage not, by reason of the retirement coverage section (a), section 121(d)(2) shall apply. error described in subsection (a), be eligible error to which the election relates. to be treated as an individual who is FERS SEC. 124. CORRECTED ERROR: SITUATIONS (g) SPECIAL RULE IN CASE OF DISABILITY.— UNDER SECTIONS 121 THROUGH 123. covered. If, as of the date referred to in subsection (a), (a) IN GENERAL.—Not later than 6 months (c) DISPOSITION OF EMPLOYEE CONTRIBU- the employee is entitled to receive an annu- after the date of enactment of this Act, there TIONS TO THE CSRDF.—There shall be paid to ity under chapter 83 or 84 of title 5, United shall be submitted to the Congress a pro- the employee, from the CSRDF, any lump- States Code, based on disability, or com- posal (including any necessary draft legisla- sum credit to which such employee would be pensation under subchapter I of chapter 81 of tion) to carry out the policy described in entitled under section 8424 of title 5, United such title for injury to, or disability of, such subsection (b). States Code, to the extent attributable to employee, subsections (a) and (b) shall be ap- (b) POLICY.—Under the proposal, any em- the period of erroneous coverage involved. plied by substituting (for the date that ployee with respect to whom the applicable (d) DISPOSITION OF TSP CONTRIBUTIONS.— would otherwise apply) the date as of which retirement coverage error (referred to in sec- (1) GOVERNMENT CONTRIBUTIONS.—All Gov- entitlement to such annuity or compensa- ernment contributions made on behalf of the tion 121, 122, or 123, as applicable) has al- tion terminates (if at all). ready been corrected, but under terms less employee to the Thrift Savings Fund that (h) NOTIFICATION.—Any notice under sec- are attributable to the period of erroneous advantageous to the employee than would tion 201 shall include such additional infor- coverage involved (including any earnings have been the case under this Act, shall be mation or other modifications as the Office thereon) shall be forfeited in the same man- afforded a reasonable opportunity to obtain of Personnel Management may by regulation ner as described in section 105(c). treatment comparable to the treatment af- prescribe in connection with the situations forded under this Act. (2) EMPLOYEE CONTRIBUTIONS.—Notwith- covered by this subtitle, particularly as they (c) JOINT ACTION.—This section shall be standing any other provision of this section relate to the consequences of being vested or carried out by the Director of the Office of or any other provision of law, any contribu- not being vested. Personnel Management, in consultation with tions made by the employee to the Thrift the Executive Director of the Federal Retire- Subtitle D—Employee Who Should Have Been Savings Fund during the period of erroneous ment Thrift Investment Board and the Com- CSRS Covered or CSRS-Offset Covered, But coverage involved (including any earnings missioner of Social Security. Who Was Erroneously FERS Covered In- thereon) shall be treated as if such employee stead had then been correctly covered. SEC. 125. VESTED EMPLOYEES EXCEPTED FROM AUTOMATIC EXCLUSION. SEC. 131. ELECTIONS. SEC. 122. UNCORRECTED ERROR: EMPLOYEE WHO SHOULD BE SOCIAL SECURITY- (a) IN GENERAL.—Nothing in this subtitle (a) APPLICABILITY.—This subtitle shall ONLY COVERED, BUT WHO IS ERRO- shall, by reason of any retirement coverage apply in the case of any employee who— NEOUSLY CSRS-OFFSET COVERED error, result in the automatic exclusion of (1) should be (or should have been) CSRS INSTEAD. any employee from FERS, CSRS-Offset, or covered but, as a result of a retirement cov- (a) IN GENERAL.—Except as provided in sec- CSRS if, as of the date on which notice of erage error, is (or was) FERS covered in- tion 125, this section shall apply in the case such error is given (in accordance with sec- stead; or of any employee who should be Social Secu- tion 201), such employee’s rights have vested (2) should be (or should have been) CSRS- rity-Only covered but, as a result of a retire- under the retirement system involved. Offset covered but, as a result of a retirement coverage error, is CSRS-Offset covered (b) VESTING.—For purposes of this section, ment coverage error, is (or was) FERS cov- instead. vesting of rights shall be considered to have ered instead. (b) AUTOMATIC EXCLUSION FROM CSRS-OFF- occurred if the employee has (by the date as (b) UNCORRECTED ERROR.—If, at the time of SET.—An employee described in subsection of which the determination is made) com- making an election under this section, the (a) shall not, by reason of the retirement pleted at least 5 years of civilian service, retirement coverage error described in para- coverage error described in subsection (a), be taking into account only creditable service graph (1) or (2) of subsection (a) (as applica- eligible to be treated as an individual who is under section 8332 or 8411 of title 5, United ble) has not been corrected, the employee af- CSRS-Offset covered. States Code. fected by such error may elect—

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.000 H23MR9 5270 CONGRESSIONAL RECORD—HOUSE March 23, 1999 (1)(A) in the case of an error described in period of erroneous coverage involved (com- Subtitle E—Employee Who Should Have Been subsection (a)(1), to be CSRS covered in- puted in such manner as the Director of the CSRS-Offset Covered, But Who Was Erro- stead; or Office of Personnel Management, with the neously CSRS Covered Instead (B) in the case of an error described in sub- concurrence of the Commissioner of Social SEC. 141. AUTOMATIC TRANSFER TO CSRS-OFF- section (a)(2), to be CSRS-Offset covered in- Security, shall by regulation prescribe), not SET. stead; or to exceed the amount described in paragraph (a) APPLICABILITY.—This subtitle shall (2) to remain FERS covered. (1)(A). apply in the case of any employee who (c) CORRECTED ERROR.—If, at the time of (B) RIGHT OF RECOVERY; WAIVER.—If the should be (or should have been) CSRS-Offset making an election under this section, the employee fails to repay the amount required covered but, as a result of a retirement cov- retirement coverage error described in para- under subparagraph (A), a sum equal to the erage error, is (or was) CSRS covered in- graph (1) or (2) of subsection (a) (as applica- amount outstanding is recoverable by the stead. ble) has been corrected, the employee af- Government from the employee (or the em- (b) UNCORRECTED ERROR.—If the error has fected by such error may elect— ployee’s estate, if applicable) by— not been corrected, the employee shall be (1) to be FERS covered instead; or (i) setoff against accrued pay, compensa- treated in the same way as if such employee (2)(A) in the case of an error described in tion, amount of retirement credit, or an- had instead been CSRS-Offset covered, effec- subsection (a)(1), to remain CSRS covered; or other amount due the employee from the tive retroactive to the effective date of such (B) in the case of an error described in sub- Government; and error. section (a)(2), to remain CSRS-Offset cov- (ii) such other method as is provided by (c) CORRECTED ERROR.—If the error has ered. law for the recovery of amounts owing to the been corrected, the correction shall (to the (d) DEFAULT RULE.—If the employee is Government. extent not already carried out) be made ef- given written notice in accordance with sec- The head of the agency concerned may fective retroactive to the effective date of tion 201 as to the availability of an election waive, in whole or in part, a right of recov- such error. under this section, but does not make any such election within the 6-month period be- ery under this paragraph if it is shown that SEC. 142. EFFECT OF TRANSFER. ginning on the date on which such notice is recovery would be against equity and good The effect of a transfer under section 141 so given, the option under subsection (b)(2) conscience or against the public interest. shall be as set forth in regulations which the or (c)(2), as applicable, shall be deemed to (C) TREATMENT OF AMOUNTS REPAID OR RE- Office of Personnel Management shall pre- have been elected on the last day of such pe- COVERED.—Any amount repaid by, or recov- scribe consistent with section 104. ered from, an individual (or an estate) under riod. Subtitle F—Employee Who Should Have Been this paragraph shall be credited to the appro- (e) RETROACTIVE EFFECT.—An election CSRS Covered, But Who Was Erroneously priation, fund, or account from which the under this section (including an election by CSRS-Offset Covered Instead default, and an election to remain covered by amount involved was originally paid. SEC. 151. ELECTIONS. the retirement system by which the electing (c) DISPOSITION OF EXCESS TSP CONTRIBU- (a) APPLICABILITY.—This subtitle shall individual is covered as of the date of the TIONS.—Section 105(c) shall apply in the case election) shall be effective retroactive to the of an employee described in subsection (a). apply in the case of any employee who effective date of the retirement coverage should be (or should have been) CSRS cov- SEC. 133. EFFECT OF AN ELECTION TO BE TRANS- ered but, as a result of a retirement coverage error (as referred to in subsection (a)) to FERRED FROM FERS TO CSRS-OFF- which such election relates. error, is (or was) CSRS-Offset covered in- SET TO CORRECT A RETIREMENT stead. SEC. 132. EFFECT OF AN ELECTION TO BE TRANS- COVERAGE ERROR. FERRED FROM FERS TO CSRS TO (b) UNCORRECTED ERROR.—If, at the time of CORRECT A RETIREMENT COV- (a) APPLICABILITY.—This section shall making an election under this section, the ERAGE ERROR. apply in the case of any employee affected retirement coverage error described in sub- (a) APPLICABILITY.—This section shall by an error described in section 131(a)(2) who section (a) has not been corrected, the em- apply in the case of any employee affected elects the option available to such employee ployee affected by such error may elect— by an error described in section 131(a)(1) who under section 131(b)(1)(B). (1) to be CSRS covered instead; or elects the option available to such employee (b) EFFECT.—The effect of an election re- (2) to remain CSRS-Offset covered. under section 131(b)(1)(A). ferred to in subsection (a) shall be substan- (c) CORRECTED ERROR.—If, at the time of (b) MAKEUP CONTRIBUTIONS TO THE tially the same as that described in section making an election under this section, the CSRDF.— 105. retirement coverage error described in sub- (1) IN GENERAL.—Upon notification that an SEC. 134. EFFECT OF AN ELECTION TO BE RE- section (a) has been corrected, the employee employee has made an election under this STORED TO FERS AFTER HAVING affected by such error may elect— section, the agency in or under which such BEEN CORRECTED TO CSRS. (1) to be CSRS-Offset covered instead; or employee is employed shall promptly pay to (2) to remain CSRS covered. (a) APPLICABILITY.—This section shall the CSRDF, in a lump sum, an amount equal (d) DEFAULT RULE.—If the employee is apply in the case of any employee affected to the excess of— given written notice in accordance with sec- by an error described in section 131(a)(1) who (A) the amount by which— tion 201 as to the availability of an election elects the option under section 131(c)(1). (i) the amount that should have been de- under this section, but does not make any ducted and withheld from the pay of the em- (b) EFFECT.—The effect of an election re- such election within the 6-month period be- ployee for the period of erroneous coverage ferred to in subsection (a) shall be substan- ginning on the date on which such notice is involved under section 8334 of title 5, United tially the same as that described in section so given, the option under subsection (b)(2) States Code, exceeds 102. or (c)(2), as applicable, shall be deemed to (ii) the amount that was actually deducted SEC. 135. EFFECT OF AN ELECTION TO BE RE- have been elected on the last day of such pe- and withheld from the pay of the employee STORED TO FERS AFTER HAVING riod. for the period of erroneous coverage involved BEEN CORRECTED TO CSRS-OFFSET. (e) RETROACTIVE EFFECT.—An election under section 8422 of such title (and not re- (a) APPLICABILITY.—This section shall under this section (including an election by funded), over apply in the case of any employee affected default, and an election to remain covered by (B) the amount by which— by an error described in section 131(a)(2) who the retirement system by which the electing (i) the amount of the Government con- elects the option under section 131(c)(1). individual is covered as of the date of the tributions actually made under section 8423 election) shall be effective retroactive to the (b) EFFECT.—The effect of an election re- of such title with respect to the employee for ferred to in subsection (a) shall be substan- effective date of the retirement coverage the period of erroneous coverage involved, tially the same as that described in section error (as referred to in subsection (a)) to exceeds 103. which such election relates. (ii) the amount of the Government con- SEC. 152. EFFECT OF AN ELECTION TO BE TRANS- tributions that should have been made under SEC. 136. DISQUALIFICATION OF CERTAIN INDI- FERRED FROM CSRS-OFFSET TO section 8334 of such title with respect to the VIDUALS TO WHOM SAME ELECTION CSRS TO CORRECT THE RETIRE- employee for the period of erroneous cov- WAS PREVIOUSLY AVAILABLE. MENT COVERAGE ERROR. erage involved. Notwithstanding any other provision of (a) APPLICABILITY.—This section shall (2) AGENCY TO BE REIMBURSED FOR CERTAIN this subtitle, an election under this subtitle apply in the case of any employee affected AMOUNTS.— shall not be available in the case of any indi- by an error described in section 151(a) who (A) IN GENERAL.—The employee for whom vidual to whom an election under section elects the option available to such employee the payment under paragraph (1) is made 846.204 of title 5 of the Code of Federal Regu- under section 151(b)(1). shall repay to the agency (referred to in lations (as in effect as of January 1, 1997) was (b) MAKEUP CONTRIBUTIONS TO THE paragraph (1)) an amount equal to the made available in connection with the same CSRDF.— OASDI employee taxes refunded or refund- error pursuant to notification provided in ac- (1) IN GENERAL.—Upon notification that an able to such employee for any portion of the cordance with such section. employee has made an election under this

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section, the agency in or under which such (2) ‘‘the applicable provisions of section (2) FINALITY.—A determination made by employee is employed shall promptly pay to 8334’’ shall be substituted for ‘‘section 8423’’ the Office under this subsection shall be final the CSRDF, in a lump sum, an amount equal in paragraph (2)(B)(ii)(II) thereof. and not subject to any review. to the amount by which— Subtitle G—Additional Provisions Relating to (d) IF ORIGINAL RESPONSIBLE AGENCY NO (A) the amount that should have been de- Government Agencies LONGER EXISTS.—If the agency which (before ducted and withheld from the pay of the em- SEC. 161. REPAYMENT REQUIRED IN CERTAIN the application of this subsection) is identi- ployee for the period of erroneous coverage SITUATIONS. fied as the original responsible agency no involved under section 8334 of title 5, United (a) IN GENERAL.—An individual who pre- longer exists (whether because of a reorga- States Code (by virtue of being CSRS cov- viously received a payment ordered by a nization or otherwise)— ered), exceeds court or provided as a settlement of claim (1) the successor agency (as determined (B) any amounts actually deducted and for losses resulting from a retirement cov- under regulations prescribed by the Office) withheld from the pay of the employee for erage error shall not be entitled to make an shall be treated as the original responsible the period of erroneous coverage involved election under this Act unless repayment of agency; or under such section (pursuant to CSRS-Offset the amount so received by such individual is (2) if none, this section shall be applied by coverage). waived in whole or in part by the Office of substituting the CSRDF for the original re- (2) AGENCY TO BE REIMBURSED FOR CERTAIN Personnel Management, and any amount not sponsible agency. AMOUNTS.— waived is repaid. (e) SOURCE OF PAYMENTS IF ERROR DUE TO (A) IN GENERAL.—The employee for whom (b) REGULATIONS.—Any repayment under ERRONEOUS OPM REGULATIONS.—In any case the payment under paragraph (1) is made this section shall be made in accordance in which the Office of Personnel Manage- shall repay to the agency (referred to in with regulations prescribed by the Office. ment is the original responsible agency by paragraph (1)) an amount equal to the SEC. 162. EQUITABLE SHARING OF AMOUNTS reason of subsection (b)(2), any amounts pay- OASDI employee taxes refunded or refund- PAYABLE FROM THE GOVERNMENT able from the Office under this section shall able to such employee for any portion of the IF MORE THAN ONE AGENCY IN- be payable from the CSRDF. period of erroneous coverage involved (com- VOLVED. puted in such manner as the Director of the The Office of Personnel Management shall TITLE II—GENERAL PROVISIONS Office of Personnel Management, with the by regulation prescribe rules under which, in concurrence of the Commissioner of Social SEC. 201. IDENTIFICATION AND NOTIFICATION the case of an employee who has been em- REQUIREMENTS. Security, shall by regulation prescribe), not ployed in or under more than 1 agency since to exceed the amount described in paragraph the date of the retirement coverage error in- (a) IN GENERAL.—The Office of Personnel (1)(A). volved (and before its rectification under Management shall prescribe regulations (B) RIGHT OF RECOVERY; WAIVER.—If the this Act), any contributions or other under which Government agencies shall take employee fails to repay the amount required amounts required to be paid from the then such measures as may be necessary to ensure under subparagraph (A), a sum equal to the current employing agency (other than lost that all individuals who are (or have been) amount outstanding is recoverable by the earnings under section 163(a)(2)) shall be eq- affected by a retirement coverage error giv- Government from the employee (or the em- uitably allocated between or among the ap- ing rise to any election or automatic change ployee’s estate, if applicable) by— propriate agencies. in retirement coverage under this Act shall be promptly identified and notified in ac- (i) setoff against accrued pay, compensa- SEC. 163. PROVISIONS RELATING TO THE ORIGI- tion, amount of retirement credit, or an- NAL RESPONSIBLE AGENCY. cordance with this section. other amount due the employee from the (a) OBLIGATIONS OF THE ORIGINAL RESPON- (b) MATTER TO BE INCLUDED IN NOTICE TO Government; and SIBLE AGENCY.— INDIVIDUALS.—Any notice furnished under (ii) such other method as is provided by (1) EXPENSES FOR SERVICES OF FINANCIAL this section shall be made in writing and law for the recovery of amounts owing to the ADVISOR.—The Office of Personnel Manage- shall include at least the following: Government. ment shall by regulation prescribe rules (1) DESCRIPTION OF ERROR.—A description The head of the agency concerned may under which, in the case of any employee eli- of the error involved, including a clear and waive, in whole or in part, a right of recov- gible to make an election under this Act, the concise explanation as to why the original ery under this paragraph if it is shown that original responsible agency (as determined retirement coverage determination was erro- recovery would be against equity and good under succeeding provisions of this section) neous, citations to (and a summary descrip- conscience or against the public interest. shall pay (or make reimbursement for) any tion of) the pertinent provisions of law, and (C) TREATMENT OF AMOUNTS REPAID OR RE- reasonable expenses incurred by such em- how that determination should instead have COVERED.—Any amount repaid by, or recov- ployee for services received from any li- been made. ered from, an individual (or an estate) under censed financial or legal consultant or advi- (2) METHOD FOR RECTIFICATION.—How the this paragraph shall be credited to the appro- sor in connection with such election. error is to be rectified under this Act, includ- priation, fund, or account from which the (2) SPECIAL RULE.—Such regulations shall ing whether rectification will be achieved amount involved was originally paid. also include provisions to ensure that, to the through an automatic change in retirement (3) DEPOSIT TO BE BASED ON AMOUNT OF RE- extent lost earnings under the Thrift Sav- coverage (and, if so, the time, form, and FUND ACTUALLY RECEIVED.—For purposes of ings Fund are involved in connection with a manner in which that change will be ef- applying sections 8334(d)(1) and 8339(i) of title particular error, the original responsible fected) or an election. 5, United States Code, in the case of an em- agency shall pay (or reimburse any other (3) ELECTION PROCEDURES, ETC.—If an elec- ployee described in subsection (a) who has agency that pays) any amounts to the Thrift tion is provided under this Act, all relevant received a refund of deductions that are at- Savings Fund representing lost earnings information as to how such an election may tributable to a period when the employee with respect to such error. be made, the options available, the dif- was erroneously CSRS-Offset covered, noth- (b) ORIGINAL RESPONSIBLE AGENCY DE- ferences between those respective options (as ing in either of those sections shall be con- FINED.—For purposes of this Act, the term further specified in succeeding provisions of sidered to require that, in order to receive ‘‘original responsible agency’’, with respect this subsection), and the consequences of credit for that period as a CSRS-covered em- to a retirement coverage error affecting an failing to make a timely election. ployee, a deposit be made in excess of the re- employee, means— (4) ACCRUED BENEFITS, ETC.—With respect fund actually received for such period, plus (1) except in the situation described in to the (or each) retirement system by which interest. paragraph (2), the agency determined by the the individual is then covered (disregarding SEC. 153. EFFECT OF AN ELECTION TO BE RE- Office of Personnel Management to have the Thrift Savings Plan), and to the extent STORED TO CSRS-OFFSET AFTER made the initial retirement coverage error applicable: HAVING BEEN CORRECTED TO CSRS. (including one made before January 1, 1984); (A) A brief summary of any benefits ac- (a) APPLICABILITY.—This section shall or crued. apply in the case of any employee affected (2) if the error is attributable, in whole or (B) The amount of employee contributions by an error described in section 151(a) who in part, to an erroneous regulation promul- made to date and the effect of any applicable elects the option available to such employee gated by the Office of Personnel Manage- disposition rules relating thereto (including under section 151(c)(1). ment, such Office. provisions relating to excess amounts or (b) DISPOSITION OF CONTRIBUTIONS TO THE (c) PROCEDURES FOR IDENTIFYING THE ORIGI- shortfalls). CSRDF.—In the case of an employee de- NAL RESPONSIBLE AGENCY.— (C) The amount of any Government con- scribed in subsection (a), the provisions of (1) IN GENERAL.—For purposes of this sec- tributions made to date and the effect of any section 102(b) shall apply, except that, in ap- tion, the original responsible agency, in any applicable disposition rules relating thereto plying such provisions— situation to which this section applies, shall (including provisions relating to excess (1) ‘‘the applicable provisions of section be identified by the Office of Personnel Man- amounts or shortfalls). 8334’’ shall be substituted for ‘‘section 8422’’ agement in accordance with regulations (5) THRIFT SAVINGS FUND.—With respect to in paragraph (1)(B)(ii)(II) thereof; and which the Office shall prescribe. the Thrift Savings Fund, the balance that

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 5272 CONGRESSIONAL RECORD—HOUSE March 23, 1999 then is (or would be) credited to the individ- any information obtained under this section as of the first day of the first month begin- ual’s account depending on the option cho- shall be used only for the purpose author- ning after the end of the 6-month period be- sen, with any such balance to be shown both ized. ginning on the date of enactment of this Act. in the aggregate and broken down by— SEC. 204. REGULATIONS. SEC. 205. ALL ELECTIONS TO BE APPROVED BY (A) individual contributions; (a) IN GENERAL.—Any regulations nec- OPM. (B) automatic (1 percent) Government con- essary to carry out this Act shall be pre- Notwithstanding any other provision of tributions; and scribed by the Director of the Office of Per- this Act, no election under this Act (other (C) matching Government contributions, sonnel Management, the Executive Director than an election by default) may be given ef- including lost earnings on each and the ex- of the Federal Retirement Thrift Investment fect until the Office of Personnel Manage- tent to which any makeup contributions or Board, the Commissioner of Social Security, ment has determined, in writing, that such forfeitures would be involved. the Secretary of the Treasury, and any other election is in compliance with the require- (6) OASDI BENEFITS.—Such information re- appropriate authority, with respect to mat- ments of this Act. garding benefits under title II of the Social ters within their respective areas of jurisdic- SEC. 206. TECHNICAL AND CONFORMING AMEND- Security Act as the Commissioner of Social tion. MENTS. Security considers appropriate. (b) MATTERS TO BE INCLUDED.—The regula- (a) AMENDMENT RELATING TO LIMITATION ON (7) OTHER INFORMATION.—Any other infor- tions prescribed by the Director of the Office SOURCES FROM WHICH CONTRIBUTIONS TO THE of Personnel Management shall include at mation that the Director of the Office of Per- THRIFT SAVINGS FUND ARE ALLOWED.—Sec- sonnel Management may by regulation pre- least the following: tion 8432(h) of title 5, United States Code, is scribe after consultation with the Executive (1) FORMER EMPLOYEES, ANNUITANTS, AND amended by striking ‘‘title.’’ and inserting Director of the Federal Retirement Thrift SURVIVOR ANNUITANTS.— ‘‘title or the Federal Retirement Coverage (A) IN GENERAL.—Provisions under which, Investment Board and such other agency Corrections Act.’’. to the maximum extent practicable and in heads as the Director considers appropriate, (b) DESCRIPTION OF AMOUNTS COMPRISING appropriate circumstances, any election including any appeal rights available to the THE THRIFT SAVINGS FUND.—Section 8437(b) available to an employee under subtitle A, B, individual. of title 5, United States Code, is amended by D, or F of title I shall be available to a (c) COMPARISONS.—Any amounts required striking ‘‘expenses).’’ and inserting ‘‘ex- former employee, annuitant, or survivor an- to be included under subsection (b)(4) shall, penses), as well as contributions under the nuitant. with respect to the respective retirement Federal Retirement Coverage Corrections (B) SUBTITLE C SITUATIONS.—Provisions systems involved, be determined— Act (and lost earnings made up under such under which subtitle C of title I shall apply (1) as of the date the retirement coverage Act).’’. in the case of a former employee. error was corrected (if applicable); (c) ADMINISTRATIVE EXPENSES.— (C) SUBTITLE E SITUATIONS.—Provisions (2) as of the then most recent date for (1) THRIFT SAVINGS PLAN.—Section 8437(d) under which the purposes of this paragraph which those benefits and amounts are ascer- of title 5, United States Code, is amended by shall be carried with respect to any situation tainable, assuming no change in retirement inserting ‘‘(including the provisions of the under subtitle E of title I. coverage; and Federal Retirement Coverage Corrections (2) FORMER SPOUSES.—Provisions under (3) as of the then most recent date for Act that relate to this subchapter)’’ after which appropriate notification shall be af- which those benefits and amounts are ascer- ‘‘this subchapter’’. forded to any former spouse affected by a tainable, assuming the alternative option is (2) CSRS, CSRS-OFFSET, FERS.—Section change in retirement coverage pursuant to chosen. 8348(a)(2) of title 5, United States Code, is this Act. (d) PAST ERRORS.—All measures required amended by striking ‘‘statutes;’’ and insert- (3) PROCEDURAL REQUIREMENTS.—Provisions under this section shall, with respect to ering ‘‘statutes (including the provisions of the establishing the procedural requirements in rors preceding the date specified in section Federal Retirement Coverage Corrections accordance with which any determinations 204(e) (relating to the effective date for all Act that relate to this subchapter);’’. under this Act (not otherwise addressed in regulations prescribed under this Act), be (3) MSPB.—Section 8348(a)(3) of title 5, this Act) shall be made, in conformance with completed no later than December 31, 2001. United States Code, is amended by striking the requirements of this Act. SEC. 202. INDIVIDUAL APPEAL RIGHTS. ‘‘title.’’ and inserting ‘‘title and the Federal (4) AUTHORITY TO MAKE ACTUARIAL REDUC- (a) IN GENERAL.—An individual aggrieved Retirement Coverage Corrections Act.’’. TION IN ANNUITY BY REASON OF CERTAIN UN- by a final determination under this Act shall TITLE III—OTHER PROVISIONS be entitled to appeal such determination to PAID AMOUNTS.—Provisions under which any the Merit Systems Protection Board under payment required to be made by an indi- SEC. 301. PROVISIONS TO PERMIT CONTINUED section 7701 of title 5, United States Code. vidual to the Government in order to make CONFORMITY OF OTHER FEDERAL RETIREMENT SYSTEMS. (b) NOTIFICATION APPEALS.—The Office of an election under this Act which remains un- (a) FOREIGN SERVICE.—The Secretary of Personnel Management shall by regulation paid may be made by a reduction in the ap- establish procedures under which individuals propriate annuity or survivor annuity. The State shall issue regulations to provide for may bring an appeal to the Office with re- reduction shall, to the extent practicable, be the application of the provisions of this Act spect to any failure to have been properly designed so that the present value of the fu- in a like manner with respect to partici- notified in accordance with section 201. A ture reduction is actuarially equivalent to pants, annuitants, or survivors under the final determination under this subsection the amount so required. Foreign Service Retirement and Disability shall be appealable under subsection (a). (c) DEFINITIONS.—For purposes of this sec- System or the Foreign Service Pension Sys- tem (as applicable), except that— SEC. 203. INFORMATION TO BE FURNISHED BY tion— GOVERNMENT AGENCIES TO AU- (1) the term ‘‘annuitant’’ means any indi- (1) any individual aggrieved by a final de- THORITIES ADMINISTERING THIS vidual who is an annuitant as defined by sec- termination shall appeal such determination ACT. tion 8331(9) or 8401(2) of title 5, United States to the Foreign Service Grievance Board in- (a) APPLICABILITY.—The authorities identi- Code; and stead of the Merit Systems Protection Board fied in this subsection are: (2) the term ‘‘former employee’’ includes under section 202; and (1) The Director of the Office of Personnel any former employee who satisfies the serv- (2) the Secretary of State shall perform the Management. ice requirement for title to a deferred annu- functions and exercise the authority vested (2) The Commissioner of Social Security. ity under chapter 83 or 84 of such title 5 (as in the Office of Personnel Management or (3) The Executive Director of the Federal applicable), but— the Director of the Office of Personnel Man- Retirement Thrift Investment Board. (A) has not attained the minimum age re- agement under this Act. (b) AUTHORITY TO OBTAIN INFORMATION.— quired for title to such an annuity; or (b) CENTRAL INTELLIGENCE AGENCY.—Sec- Each authority identified in subsection (a) (B) has not filed claim therefor. tions 292 and 301 of the Central Intelligence may secure directly from any department or (d) COORDINATION RULE.—In prescribing Agency Retirement Act (50 U.S.C. 2141 and agency of the United States information nec- regulations to carry out this Act, the Direc- 2151) shall apply with respect to this Act in essary to enable such authority to carry out tor of the Office of Personnel Management the same manner as if this Act were part of— its responsibilities under this Act. Upon re- shall consult with— (1) the Civil Service Retirement System, to quest of the authority involved, the head of (1) the Administrative Office of the United the extent this Act relates to the Civil Serv- the department or agency involved shall fur- States Courts; ice Retirement System; and nish that information to the requesting au- (2) the Clerk of the House of Representa- (2) the Federal Employees’ Retirement thority. tives; System, to the extent this Act relates to the (c) LIMITATION; SAFEGUARDS.—Each of the (3) the Sergeant at Arms and Doorkeeper Federal Employees’ Retirement System. respective authorities under subsection (a)— of the Senate; and SEC. 302. PROVISIONS TO PREVENT REDUCTIONS (1) shall request only such information as (4) other appropriate officers or authori- IN FORCE AND ANY UNFUNDED LI- that authority considers necessary; and ties. ABILITY IN THE CSRDF. (2) shall establish, by regulation or other- (e) EFFECTIVE DATE.—All regulations nec- (a) PROVISIONS TO PREVENT REDUCTIONS IN wise, appropriate safeguards to ensure that essary to carry out this Act shall take effect FORCE.—

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5273 (1) LIMITATION.—An agency required to ally passed this House in the 105th Con- In fashioning the make-whole provi- make any payments under this Act may not gress. sions in this bill, our subcommittee conduct any reduction in force solely by rea- I also commend the distinguished was guided by IRS requirements for son of any current or anticipated lack of gentlewoman from Maryland (Mrs. private-sector employees facing com- funds attributable to such payments. MORELLA) and the distinguished gentle- parable retirement errors. IRS proce- (2) ALTERNATIVE REQUIRED.—In the circumstance described in paragraph (1), any woman from the District of Columbia dures place the burden of employee cost savings that (but for this subsection) (Ms. NORTON) for their leadership on make-whole relief on the employer, would otherwise be sought through reduc- this very important issue. and not the employee. tions in force shall instead be achieved I also want to thank the distin- The importance of this make-whole through attrition and limitations on hiring. guished chairman and ranking member relief cannot be overemphasized. With- (b) PROVISIONS TO PREVENT UNFUNDED LI- of the Committee on Government Re- out it, the choices offered by this bill ABILITY.— form and Oversight, the gentleman would be nothing but a cruel hoax for (1) IN GENERAL.—For purposes of section from Indiana (Mr. BURTON) and the many employees. Many lower-income 8348(f) of title 5, United States Code, any un- gentleman from California (Mr. WAX- funded liability in the CSRDF created as a employees and those who have been in result of an election made (or deemed to MAN), for their support. the wrong system for a lengthy period have been made) under this Act, as deter- Mr. Speaker, let me explain why it is of time would be especially hard hit. mined by the Office of Personnel Manage- so important for the House to again This legislation also protects the in- ment, shall be considered a new benefit pay- pass this bill. An estimated 1,000 Fed- tegrity of Social Security Trust Funds. able from the CSRDF. eral employees have been placed in the The amended bill before the House (2) COORDINATION RULE.—Paragraph (1) wrong retirement system because Fed- today does not, however, include cer- shall not apply to the extent that subsection eral agencies have made mistakes. The tain amendments to the Social Secu- (h), (i), or (m) of section 8348 of title 5, vast majority of these errors involve rity Act and tax provisions that were United States Code, would otherwise apply. assignments to the Civil Service Re- in the bill reported out by the Com- SEC. 303. INDIVIDUAL RIGHT OF ACTION PRE- tirement System or the Federal Em- SERVED FOR AMOUNTS NOT OTHER- mittee on Government Reform. ployees Retirement System, generally WISE PROVIDED FOR UNDER THIS b 1300 ACT. referred to as FERS, but other agency Nothing in this Act shall preclude an indi- mistakes wrongly excluded some em- Although desirable, these provisions vidual from bringing a claim against the ployees from both retirement systems. were removed to expedite passage of Government of the United States which such Still others were enrolled in retire- this legislation in the House and to individual may have under section 1346(b) or ment when they did not qualify at all. also facilitate the bill’s consideration chapter 171 of title 28, United States Code, or Now, when these errors are discov- in the Senate. I will continue to work any other provision of law (except to the ex- ered, and not all of them have yet been with my colleagues in the Senate to re- tent the claim is for any amounts otherwise store these provisions in the final legis- provided for under this Act). discovered, current law requires that agencies move employees into the lation. The SPEAKER pro tempore (Mr. proper retirement system. But unfortu- Mr. Speaker, H.R. 416 is critically im- BASS). Pursuant to the rule, the gen- nately, the corrections themselves portant to Federal employees who have tleman from Florida (Mr. SCAR- sometimes prove to be harmful, espe- been victimized by these errors. I urge BOROUGH) and the gentleman from cially to employees who are moved all Members to vote for it. Maryland (Mr. CUMMINGS) each will from the Civil Service Retirement Sys- Mr. Speaker, I reserve the balance of control 20 minutes. tem into FERS. my time. The Chair recognizes the gentleman Now, unlike the Civil Service Retire- Mr. CUMMINGS. Mr. Speaker, I yield from Florida (Mr. SCARBOROUGH). ment System, which is a stand-alone such time as he may consume to the GENERAL LEAVE system, FERS consists of three compo- distinguished gentleman from Mary- Mr. SCARBOROUGH. Mr. Speaker, I nents: Social Security; the FERS de- land (Mr. HOYER). ask unanimous consent that all Mem- fined benefit; and the Thrift Savings Mr. HOYER. Mr. Speaker, I want to bers may have 5 legislative days within Plan, or TSP. Without adequate TSP congratulate the gentleman from which to revise and extend their re- accounts, employees will not have an Maryland (Mr. CUMMINGS) and thank marks on H.R. 416, as amended. adequate retirement income. But cur- the gentleman from Florida (Mr. SCAR- The SPEAKER pro tempore. Is there rent correction procedures do not re- BOROUGH) who explained this bill. It is objection to the request of the gen- plenish the victim’s TSP. As a result, hard for me to thank Mr. Nesterczuk, tleman from Florida? unless this Congress acts again, the but I want to do that—I say that face- There was no objection. victims of these errors will unfairly tiously—for his efforts on this legisla- Mr. SCARBOROUGH. Mr. Speaker, I bear the burden of their own govern- tion as well. This obviously is a posi- yield myself such time as I may con- ment’s mistakes. tion that our Federal employees found sume. H.R. 416 provides a comprehensive so- themselves in not through their own Mr. Speaker, the bill before the lution to all of these problems. It rests fault but through the administrative House, the Federal Retirement Cov- on a few simple, straightforward prin- oversight of their employer. Obviously erage Corrections Act, is critically im- ciples. This bill recognizes that most we ought to act to make them whole. I portant to thousands of Federal em- victims of agency errors have a legal appreciate the action of the com- ployees. It has strong bipartisan sup- right to participate in one of the Fed- mittee. port, and it is substantially similar to eral retirement systems. Therefore, Mr. CUMMINGS. Mr. Speaker, I yield legislation the House passed in Con- each of these victims should have the myself such time as I may consume. gress last year. The Senate, however, opportunity to elect placement in that Mr. Speaker, I am pleased that the did not act on that bill. system. They also have the right to re- Subcommittee on Civil Service has I want to begin by thanking my dis- ceive a benefit that is comparable to moved quickly to schedule floor action tinguished ranking member of the Sub- what they would have earned in the ab- on H.R. 416, the Federal Retirement committee on Civil Services, the gen- sence of the Federal Government’s Coverage Corrections Act. Though this tleman from Maryland (Mr. CUMMINGS), error. Victims should also have the bill passed the House during the 105th for his leadership on this very impor- choice to remain in the system in Congress, the Senate failed to act on it tant issue. I know he is truly dedicated which they were mistakenly placed. or its own bill, S. 1710, before adjourn- to bringing real relief to the victims of Mr. Speaker, every victim should ment. By moving expeditiously this these errors. have a realistic opportunity to the re- year, we can get the bill through the I also want to thank my good friend tirement correction that best addresses House and have ample time left to the gentleman from Florida (Mr. MICA), their unfortunate circumstances. work with the Senate to enact legisla- who brought this problem to light and Therefore, this legislation will provide tion that will bring relief to the hun- sponsored the legislation which actu- relief that will make the relief whole. dreds of Federal employees who find

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 5274 CONGRESSIONAL RECORD—HOUSE March 23, 1999 themselves in the wrong retirement face on the issue for my colleagues. he would also have to keep up current system. I want to give special thanks The Federal Times, a trade newspaper contributions to his TSP. Mr. Speaker, to the gentleman from Florida (Mr. for Federal employees, recently fea- few Federal employees, few Americans, SCARBOROUGH), the chairman of our tured Michael Garcia, acting chief in- could afford to meet those kind of bur- subcommittee, for making sure that formation officer at the Minority Busi- dens without great sacrifices. I think this bill came to the floor as fast as it ness Development Agency. Mr. Garcia’s most of us would be forced actually to has and for the bipartisan manner of story provides a clear example of how be put in a position where we would cooperation that we have experienced. your life can change when you are have to choose whether we were going This is a complex bill that up to now placed in the wrong retirement system. to contribute to our own retirement or has included essential Social Security Mr. Garcia planned to retire in July take care of such things as our chil- and tax provisions that fall within the 2000 at the age of 57. But like an esti- dren’s education. It is a choice we jurisdiction of other committees. Un- mated 18,000 other employees, his plans should not put our Federal employees fortunately, these provisions cannot go to retire are now uncertain because of in. forward at this time. Nonetheless, the a mistake his former agency made The experience of two workers at the gentleman from Florida and I have when it hired him 14 years ago. Gar- Portsmouth Naval Shipyard in Maine elected to bring the core of the bill to cia’s former agency placed him in also demonstrate the difficulties faced the floor now and will continue to FERS when it opened in 1987. Garcia by thousands of other employees. One work with our colleagues on the Com- should have been placed in the older of example is a 60-year-old who had been mittee on Ways and Means and the the two retirement systems, CSRS. planning to retire at the age of 62. He Senate Finance and Governmental Af- When the error was detected in 1993, he learned that he owed back Social Secu- fairs Committees to iron out the dif- was moved to FERS. FERS partici- rity taxes of $10,000 and would have to ferences between us. pants can invest up to 10 percent of contribute $600 a month to TSP for the Few things in life are more impor- their salaries in the thrift plan, which rest of his working career, because the tant to a working person than having includes a stock fund. The government agency placed him in the wrong Fed- an adequate and secure retirement plan matches their contributions up to 5 eral retirement system. Now, because in place to provide for their future or percent. Under current law, once an of the agency’s mistake, he was told he that of their loved ones. When a work- error is discovered, agencies are not al- would also have to work until the age er’s retirement security is jeopardized lowed to leave employees in the system of 65. The other example is an em- by an employer’s administrative error, they thought they were in. Many who ployee who is in his mid 40s and owes tremendous emotional and financial were moved to FERS late into their ca- more than $10,000 in back Social Secu- pain can result, unless a remedy is reers cannot afford to make up their rity taxes. Only by jeopardizing his available that assures its prompt and missed investments with a lump sum ability to pay for his son’s college edu- fair correction and avoids economic payment. Garcia had been willing to cation will he be put in a position to harm. borrow money to pay a lump sum. He establish an adequate TSP account. The Office of Personnel Management said that he could never make up for Mr. Speaker, forcing innocent vic- has a web site that explains the ration- the lost years with incremental catch- tims of the Federal Government’s mis- ale for the Federal Government’s es- up contributions. take to make a Hobson’s choice be- tablishment of the Civil Service Re- In the article, Mr. Garcia is quoted as tween their own retirement security tirement System. It states, and I saying, ‘‘They were negligent. I’m just and their children’s education is intol- quote, ‘‘A strong retirement system is fed up.’’ His agency was negligent, and erable. Yet that is what is happening a significant part of the attraction to he should be fed up. Why should he today and it is what will continue to work for an employer, and the Civil have to borrow money for a mistake happen unless Congress includes ade- Service Retirement System has al- not of his own making? quate make-whole relief. Without such lowed the Federal Government to at- Mr. Speaker, I reserve the balance of make-whole relief, most employees will tract and retain a professional and my time. have no real choice at all. They will be dedicated workforce.’’ Mr. SCARBOROUGH. Mr. Speaker, I forced into one system or another. The web site also conveys the words yield myself 3 minutes. That is why the make-whole relief in of a chairman of the former Civil Serv- I want to thank the ranking member H.R. 416 is so imperative to this bill. ice Commission who noted that our re- again. The gentleman from Maryland Mr. Speaker, I reserve the balance of tirement system should operate, and I (Mr. CUMMINGS) is obviously gifted and my time. quote, ‘‘for the mutual benefit of the a very articulate spokesman for the Mr. CUMMINGS. Mr. Speaker, I was government and employees, contrib- issues that are important to him. I cer- very pleased to hear the gentleman uting more effectively than ever to tainly have enjoyed working with him from Florida put a face on the issue be- good government, to good working con- on this issue and other issues even in cause I think that is very, very impor- ditions, and to happy retirements.’’ the last session like the Hunter-Scott tant that we do that. It is interesting Employees caught in the wrong re- bill and certainly expect a very produc- that he cited a story from Maine. tirement system are far from happy. In tive session this year. Mr. Speaker, I yield 3 minutes to the 1997, the Subcommittee on Civil Serv- I wanted to also, like the gentleman distinguished gentleman from Maine ice heard the testimony of four Federal from Maryland, cite a few real-life ex- (Mr. ALLEN), one of the hardest work- employees who had been the victims of amples of how the inequities of the curing members of our subcommittee. enrollment errors made by their em- rent law inflicts damage upon Federal Mr. ALLEN. I thank the gentleman ploying agencies. In each case, the em- employees and their ability to provide for yielding me this time. ployee was initially placed in the Civil for themselves, for their retirement Mr. Speaker, I rise in support of H.R. Service Retirement System, then years and even their children’s future. 416, the Federal Retirement Coverage later informed that they should have I want to start by citing one exam- Corrections Act. I want to commend been placed in the Federal Employees ple. It is a situation described by the both the chair of the subcommittee the Retirement System. Afforded no re- American Foreign Service Association. gentleman from Florida (Mr. SCAR- course or options, these employees For about 10 years, a foreign service of- BOROUGH) and the ranking member the were dumped into FERS and con- ficer was erroneously enrolled in the gentleman from Maryland (Mr. fronted with the need to make thou- wrong system. Now, when the error was CUMMINGS) for their determination to sands of dollars of retroactive pay- discovered, he was told that he was bring this bill to the floor at this time. ments into a newly established Thrift going to have to contribute between The bill would provide relief to Federal Savings Account. $65,000 and $70,000 in catch-up payments employees who through no fault of I have seen the hurt and the pain this to his TSP account. In addition to that their own were placed in the wrong problem has caused. Let me put a real retroactive contribution, they also said Federal retirement plan. Some Federal

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5275 agencies mistakenly placed thousands leadership on this issue, and I urge my Mr. SCARBOROUGH. Mr. Speaker, I of Federal employees into the Civil colleagues to support the bill. yield myself such time as I may con- Service Retirement System, or CSRS, Mr. CUMMINGS. Mr. Speaker, I yield sume. when the employees should have been myself such time as I may consume. Mr. Speaker, thousands of Federal placed in the Federal Employees Re- Mr. Speaker, a little earlier I men- employees, retirees and their families tirement System, FERS. Often this tioned Mr. Garcia, and Mr. Garcia had whose lives have been disrupted by bu- error has not been discovered until an been placed, of course, in the wrong re- reaucratic errors are going to look employee is on the verge of retirement. tirement system, and like numerous again to this Congress to fix this prob- Once discovered, the employee faces a other federal employees, he had been lem. Many of them have suffered emo- severe erosion of his retirement secu- forced to rearrange his life and his fi- tionally as well as financially, and I rity. nancial plans to address this problem. think it is time that we enact mean- I am going to come back to the two Many without financial means have ingful and fair relief during this Con- employees that the gentleman from had to work beyond their retirement gress. Florida mentioned who work at the dates to build a full annuity. The Fed- Mr. Speaker, H.R. 416 is strongly sup- Portsmouth Naval Shipyard in Kittery, eral Retirement System was created to ported by the following employee orga- Maine. They were very surprised to dis- prevent just that, employees working nizations: cover this error, and they face a seri- into what should be their golden years, The American Federation of Govern- ous deterioration of their retirement the years they rest, the years they ment Employees, reserves unless Congress passes this travel, the years they take time out to The American Foreign Service Asso- bill. These two employees were placed spend with their grandchildren. The ciation, in CSRS 14 years ago but only recently Federal Retirement Coverage Correc- The Federal Managers Association, did they discover that they should have tions Act would essentially permit The Federally Employed Women, been placed in FERS. Once they those who have been the victims of an The International Brotherhood of learned that, they were then required enrollment error to remain in the re- Boilermakers, involuntarily to switch from FERS to tirement system they were mistakenly The National Association of Govern- CSRS, and, since they had not been placed in or to be covered by the sys- ment Employees, making their Social Security pay- tem they should have been in. It would The National Federation of Federal ments, all their CSRS resources were also hold the government financially Employees, transferred to Social Security to make responsible for making whole an ef- The Seniors Executives Association, up for what they would otherwise have fected employee’s thrift savings ac- and been paying in FICA taxes. For one of count. Together these provisions would The Social Security Managers’ Asso- the men, his $30,000 CSRS investment end the harm now being done by the ciation. was all used to pay so-called back FICA existing rules governing the correction This is a bill that needs to pass in the taxes. Furthermore, these employees of these errors. To address my concern best interests of every single Federal will likely have to pay FICA tax not that the unanticipated costs of making employee. It is the right thing to do, it withheld for overtime, awards and an employee whole might cause agen- is fair, and it is time that this House other compensation for which they had cies to rif its employees, I included a and, hopefully, this Senate, will step legitimately not paid FICA tax because provision in the bill requiring that off- forward and do what is right. they were in CSRS which did not re- setting savings be realized through at- The SPEAKER pro tempore (Mr. quire it. This may total another $10,000 trition and limitations on hiring. BASS). The question is on the motion to $15,000. offered by the gentleman from Florida There has been much debate over the Finally, the FERS plan consists of (Mr. SCARBOROUGH) that the House sus- cost to the government of making ef- three components, Social Security, a pend the rules and pass the bill, H.R. fected employees whole. The IRS Code small defined benefit plan, and a Thrift 416, as amended. requires that private sector employers Savings Plan contribution plan. Con- The question was taken; and (two- bear the cost of correcting retirement sequently, these employees will need to thirds having voted in favor thereof) errors. The Senate bill leaves it to the make substantial catch-up contribu- the rules were suspended and the bill, victimized employee to come up with tions to the Thrift Savings Plan if they as amended, was passed. the money to make themselves whole. want any sort of nest egg for retire- A motion to reconsider was laid on That simply is not right. Our approach ment. These heavy TSP contributions the table. mirrors the private sector and is the and FICA tax payments quickly con- fairest way to handle these problems. f sume the paychecks of these employ- The longer it takes to enact this legis- REMOVAL OF NAME OF MEMBER ees. As a result, one employee will lation, the more it is going to cause all AS COSPONSOR OF H.R. 434 delay his retirement by 3 years and the effected parties. Federal employees other may have trouble financing his Mr. SHOWS. Mr. Speaker, I ask who are in the wrong retirement sys- child’s college education. unanimous consent to remove my tem should not have to spend another name as a cosponsor of H.R. 434. b 1315 year worrying about a problem that The SPEAKER pro tempore. Is there Mr. Speaker, H.R. 416 will offer vital their agency created for them. objection to the request of the gen- relief to these employees by making Mr. Speaker, I am committed to tleman from Mississippi? the agency responsible for their mis- working with the Senate to reach There was no objection. agreement on the legislation that ad- takes. The agency made the mistakes; f the agency should be responsible. The dresses all parties’ concerns. These em- bill requires the agency to make up ployees are waiting for us to act. Let SENSE OF HOUSE REGARDING both the agency’s and the employee’s us do so today, and again I want to FAMILY PLANNING PROGRAMS lost contributions to the TSP. thank the gentleman from Florida (Mr. Mr. CHABOT. Mr. Speaker, I move to These hard-working employees do SCARBOROUGH) and all the members of suspend the rules and agree to the reso- not deserve to have their retirement our subcommittee, our chairman, the lution (H. Res. 118) reaffirming the plans wiped out by a employer’s mis- gentleman from Indiana (Mr. BURTON), principles of the Programme of Action take. H.R. 416 offers relief for a prob- our ranking member of our full com- of the International Conference on lem they did not cause. mittee, the gentleman from California Population and Development with re- I want to thank both the gentleman (Mr. WAXMAN). spect to the sovereign rights of coun- from Florida (Mr. SCARBOROUGH) and Mr. Speaker, I have no further re- tries and the right of voluntary and in- the gentleman from Maryland (Mr. quests for time, and I yield back the formed consent in family planning pro- CUMMINGS) for their work on this and balance of my time. grams.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 5276 CONGRESSIONAL RECORD—HOUSE March 23, 1999 The Clerk read as follows: (5) every family planning project should serves the support of this House. I urge provide family planning acceptors with com- H. RES. 118 adoption of the resolution. prehensible information on the health bene- Mr. Speaker, I reserve the balance of Whereas the United Nations General As- fits and risks of the method chosen, includ- my time. sembly has decided to convene a special ses- ing those conditions that might render the sion from June 30 to July 2, 1999, in order to use of the method inadvisable and those ad- Mr. GEJDENSON. Mr. Speaker, I review and appraise the implementation of verse side effects known to be consequent to yield myself such time as I may con- the Programme of Action of the Inter- the use of the method; sume. national Conference on Population and De- (6) every family planning project should Over a year ago we had a debate on velopment; ensure that experimental contraceptive U.S. funding for family planning. Whereas chapter II of the Programme of drugs and devices and medical procedures Frankly, I was sad to see that a num- Action, which sets forth the principles of are provided only in the context of a sci- ber of Members voted against that. that document, begins: ‘‘The implementation entific study in which participants are ad- of the recommendations contained in the About 17 of the original cosponsors of vised of potential risks and benefits; and this resolution today, of the 23 Mem- Programme of Action is the sovereign right (7) the United States should reaffirm the of each country, consistent with national principles described in paragraphs (1) bers who cosponsored this resolution, laws and development priorities, with full re- through (6) in the special session of the voted against the funding for AID to do spect for the various religious and ethical United Nations General Assembly to be held family planning work. So I am happy values and cultural backgrounds of its peo- between June 30 and July 2, 1999, and in all to see them here today moving the ple, and in conformity with universally rec- preparatory meetings for the special session. abortion debate out of the family plan- ognized international human rights.’’; The SPEAKER pro tempore. Pursu- ning debate, and what is happening Whereas section 7.12 of the Programme of Action states: ‘‘The principle of informed ant to the rule, the gentleman from through the years all too often is peo- [consent] is essential to the long-term suc- Ohio (Mr. CHABOT) and the gentleman ple who oppose abortion end up oppos- cess of family-planning programmes. Any from Connecticut (Mr. GEJDENSON) ing the funding for family planning, form of coercion has no part to play.’’; each will control 20 minutes. and it always confused me in the sense Whereas section 7.12 of the Programme of The Chair recognizes the gentleman that, if we want to reduce the chances Action further states: ‘‘Government goals for from Ohio (Mr. CHABOT). of abortion, make sure good family family planning should be defined in terms GENERAL LEAVE planning is available. of unmet needs for information and services. Mr. CHABOT. Mr. Speaker, I ask Mr. Speaker, there is nothing we can Demographic goals . . . should not be im- do for child survival, for the quality of posed on family-planning providers in the unanimous consent that all Members form of targets or quotas for the recruitment may have 5 legislative days in which to life of especially some of the poorest of clients.’’; and revise and extend their remarks on the countries, to make sure we maintain Whereas section 7.17 of the Programme of resolution, H. Res. 118. our leadership role in supporting fam- Action states: ‘‘[g]overnments should secure The SPEAKER pro tempore. Is there ily planning, and I am, frankly, hopeful conformity to human rights and to ethical objection to the request of the gen- by this resolution that we will see and professional standards in the delivery of tleman from Ohio? more cooperation on family planning family planning and related reproductive There was no objection. and separate it from the debate on health services aimed at ensuring respon- Mr. CHABOT. Mr. Speaker, I yield abortion. Some of us, like myself, are sible, voluntary and informed consent and also regarding service provision’’: Now, myself such time as I may consume. pro-choice and we think that that is therefore, be it This bill reaffirms the principles of obviously a woman has a right to de- Resolved, That it is the sense of the House the program of action of the Inter- cide with her doctor. We do not believe of Representatives that— national Conference on Population and government ought to interfere with (1) no bilateral or multilateral assistance Development with respect to the sov- that. But if we can get an agreement or benefit to any country should be condi- ereign rights of countries and the right on the family planning funds, we could tioned upon or linked to that country’s adop- of voluntary and informed consent in certainly reduce the need for lots of tion or failure to adopt population programs, family planning programs. Mr. Speak- abortions, and it is an area that we or to the relinquishment of that country’s er, I want to commend my good friend agree on. sovereign right to implement the Pro- and colleague, the gentleman from gramme of Action of the International Con- Now, frankly, if I had written this ference on Population and Development con- Kansas (Mr. TIAHRT), for authoring this resolution, I would have included other sistent with its own national laws and devel- sense of the Congress resolution to af- provisions than were included, but this opment priorities, with full respect for the firm the voluntary family planning resolution was written by the Repub- various religious and ethical values and cul- language that was adopted during lican majority. But for those of us on tural backgrounds of its people, and in con- House consideration of the fiscal year our side of the aisle, I think I speak for formity with universally recognized inter- 1999 foreign operations appropriations most of us that we want to make sure national human rights; legislation and later included as part of that child survival is increased and the (2)(A) family planning service providers or the Omnibus Appropriation Act of 1998. referral agents should not implement or be space and number of children a mother subject to quotas, or other numerical tar- As my colleagues know, the United has has a direct impact on child sur- gets, of total number of births, number of Nations General Assembly will convene vival. family planning acceptors, or acceptors of a a special session from June 30 to July Mr. Speaker, voluntary family plan- particular method of family planning; 2 of this year in order to review and ap- ning is at the heart of our program, (B) subparagraph (A) should not be con- praise the implementation of the pro- and the folks at AID have done a great strued to preclude the use of quantitative es- gram of action of the International job historically in trying to lead that timates or indicators for budgeting and plan- Conference on Population and Develop- effort. ning purposes; ment. This resolution sends a message Mr. Speaker, I reserve the balance of (3) no family planning project should include payment of incentives, bribes, gratu- to that conference that it is the belief my time. ities, or financial reward to any person in ex- of the United States Congress that all Mr. CHABOT. Mr. Speaker, I yield 5 change for becoming a family planning ac- family planning programs should be minutes to the gentleman from Kansas ceptor or to program personnel for achieving completely voluntary, avoid numerical (Mr. TIAHRT). a numerical target or quota of total number targets and provide recipients com- Mr. TIAHRT. Mr. Speaker, I rise in of births, number of family planning accep- plete information on methods and gen- support of House Resolution 118, and I tors, or acceptors of a particular method of erally respect individual values and be- want to thank the gentleman from family planning; liefs as well as national laws and devel- Ohio (Mr. CHABOT) for yielding to me. (4) no project should deny any right or ben- I have introduced this resolution in efit, including the right of access to partici- opment priorities. pate in any program of general welfare or Mr. Speaker, again I want to com- anticipation of the meetings being held the right of access to health care, as a con- pliment my colleague from Kansas for at the United Nations this week to pre- sequence of any person’s decision not to ac- offering this legislation. It is a timely pare for the 5-year review of the cept family planning services; resolution, it is well drafted, and it de- progress made since 1994 International

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5277 Conference on Population and Develop- Act last year. I would ask my col- women are not allowed to make an informed ment which was held in Cairo. The lan- leagues to please support House Reso- decision,’’ said Luis Solari, a medical doctor guage of this resolution represents a lution 118. who advises the Peruvian Episcopal Con- compromise between myself and Popu- ference, which speaks for the country’s [From the New York Times, Feb. 15, 1999] Catholic bishops. lation Action International. It is sup- USING GIFTS AS BAIT, PERU STERILIZES POOR ‘‘No one has the right to intervene in peo- ported by Zero Population Growth, and WOMEN ple’s life this way,’’ Dr. Solari said. ‘‘It’s it mirrors the language of the amend- (By Calvin Sims) criminal.’’ ment I offered last year to the Fiscal LIMA, PERU, FEB. 14—For Magna Morales From its inception, Catholic church lead- Year 1999 Foreign Operations Appro- and Bernadina Alva, peasant Andean women ers have vigorously opposed the family plan- priations Act. As my colleagues may who could barely afford to feed their fami- ning campaign because it promotes artificial recall, that language laid out the defi- lies, it was a troubling offer but one they forms of birth control, which the church dis- nition for ‘‘voluntary’’ in a context of found hard to refuse. Shortly before avows. Augusto Cardinal Vargas Alzamora of Chirstmas, Government health workers Lima has warned Catholics that they will be U.S. funded family planning programs. committing a ‘‘grave sin’’ if they resort to That amendment was offered in the promised gifts of food and clothing if they underwent a sterilization procedure called sterilization. Tubal ligation is still only the wake of disturbing news stories that tubal ligation. third most practiced form of contraception spoke of women being forced to partici- The operation went well for Mrs. Alva, 26, in Peru, after abstinence and the I.U.D., fam- pate in family planning programs and who received two dresses for her daughter ily planning officials say. Abortion is illegal. in some instances were sterilized and a T-shirt for her son. But Mrs. Morales, The Government has vehemently rejected against their will, as my chart indi- 34, died of complications 10 days after the charges that it is conducting a campaign to cates. surgery, leaving three young children and a sterilize poor women and says that all its Here we have several stories that husband behind. She was never well enough sterilization operations are done with the patient’s consent, as required by law. were covered by the New York Times, to pick up the promised gifts, and the family was told it could not sue the Government Health Ministry officials, who spoke on the Wall Street Journal, the Miami over her death because she had agreed to the condition of anonymity, said that in the last Herald and the Sacramento Bee talking procedure. year the program had suffered from ‘‘lapses about occurrences in Peru where ‘‘When you don’t have anything and they in judgment’’ by individual health care women were forced into sterilization. offer you clothes and food for your kids, then workers and doctors, who had been rep- The voluntary family planning finally you agree to do it,’’ said Mrs. Alva, a rimanded. But the officials said that such amendment I offered last year was neighbor of Mrs. Morales in the northern vil- cases were isolated incidents that had been adopted on a voice vote and later en- lage of Tocache. ‘‘Magna told them that her blown out of proportion. husband was against the idea, but they told Reached on his cellular telephone, Deputy acted into law as part of last year’s Health Minister Alejandro Aguinaga, who Omnibus Appropriation Act. While the her, ‘Don’t worry, we can do it right now, and tonight you will be back home cooking oversees the program, said he did not wish to voluntary family planning amendment and your husband will never realize what speak with The New York Times. enacted into law last year prevents happened.’ ’’ Three years ago, when President Alberto U.S. dollars from being spent in family Tales of poor women like Mrs. Morales and K. Fujimori announced plans to promote programs that are not administered in Mrs. Alva being pressed and even forced to birth control as a way to reduce family size a voluntary manner, many programs submit to sterilization operations that have and widespread poverty in Peru, family plan- worldwide still employ these same left at least two women dead and hundreds ning experts, feminists and even many opposition politicians expressed broad support for methods of coercion, incentives, bribes injured have emerged from small towns and villages across Peru in recent weeks in what the initiative. But the mounting criticism of and quotas. For example, in Indonesia women’s groups, politicians and church lead- the sterilization has tarnished the image of family planning clinics rely on threats ers here say is an ambitious Government the family planning program, one of the and intimidation to bring women into family planning program run amok. most ambitious in the developing world. their clinics. In Mexico hundreds of Critics of the program, which was begun in In 1997, state doctors in Peru performed forced sterilizations have been docu- 1995, charge that state health care workers, 110,000 sterilizations on women, up from mented, and medical personnel have in a hurry to meet Government-imposed 30,000 in 1996 and 10,000 in 1995. Last year been fired for their refusal to perform sterilization quotes that offer promotions they also performed 10,000 free vasectomies on men, a slight increase over 1996. However, sterilizations. In addition, women re- and cash incentives, are taking advantage of poor rural women, many of whom are illit- women remain the main focus of the Govern- fusing sterilization have been denied erate and speak only indigenous Indian lan- ment’s program because men are less likely medical treatment. In Peru, as we said guages. to agree to sterilization, on the mistaken earlier, family planning programs use The critics, who include many of the pro- ground that the procedure could impair their coercion, misinformation, quotas and gram’s early supporters, say the health virility. sterilization for food efforts. workers are not telling poor women about al- Health Ministry officials estimate that the These terrible violations of human ternative methods of contraception or that 1997 sterilizations will result in 26,000 fewer rights are the reason I have introduced tubal ligation is nearly always irreversible. births in 1998. This is good news, they say, in House Resolution 118. The resolution They also charge that many state doctors a country where the fertility rate—the average number of children born per woman—is reaffirms the emphasis that the U.S. are performing sloppy operations, at times in unsanitary conditions. 3.5, compared with 3.1 for Latin America in has taken on giving women a choice ‘‘They always look for the poorest women, general and 2 for the United States. and stating that it is Congress’ belief especially those who don’t understand Span- The rate is 6.2 children for Peruvian that all family planning programs ish,’’ said Gregoria Chuquihuancas, another women who have little or no education and 7 should be completely voluntary, that Tocache resident. ‘‘They make them put children for those who live in rural areas. they should avoid numerical targets their fingerprint on a sterilization paper That compares with a rate of 1.7 children for and provide recipients with complete they don’t understand because they can’t women who have at least some college edu- information on the methods, including read. If the women refuse, they threaten to cation and 2.8 for urban residents of all edu- cut off the food and milk programs.’’ cational levels. telling recipients whether the methods While it remains unclear whether such ac- Concern over reports of forced sterilization are experimental, and I think we can tions were sanctioned by the Government or has led to an investigation by the United all agree that we should respect indi- were the work of overzealous health work- States Congressional Subcommittee on vidual values and beliefs as well as na- ers—the Government denies there are steri- International and Human Rights Operations, tional laws and development priorities. lization quotas, though it acknowledges which is seeking to determine if money from Mr. Speaker, it is my hope that the goals for budgetary purposes—independent the United States Agency for International House will adopt this resolution and investigations by members of the Peruvian Development was used in the Peruvian Gov- send a strong message to the United Congress, the Roman Catholic Church, local ernment’s campaign. Nations that we believe every family journalists and a United States Congres- Officials in Washington said in a telephone sional committee have chronicled dozens of interview that the agency had no role in the planning program in the world should cases of abuse. Peruvian Government’s family planning pro- be carried out in a truly voluntary ‘‘The Government’s program is morally gram. They said that money and training for manner as described by the definition corrupt because nurses and doctors are under family planning services went directly to added to the Omnibus Appropriations pressure to find women to sterilize, and the nongovernmental agencies in Peru that have

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no connection with the Government’s pro- STERILIZATION IN INDIA lated to Norplant. I think that there is gram. Kathy Rennie, Bloomington, IL enough out there that there is a possibility of a link between the two [and] that a larger- The officials said that they had delib- Recently, I was able to spend seven weeks scale study should be done if Norplant is to erately taken steps to disassociate the agen- in India and was so surprised at what I be continued.’’ cy from the Peruvian Government’s family learned. I was able to spend some time in a If something as serious as pseudo-tumor planning program after it became clear that, small village where the people were very cerebri was a possible side-effect of the im- while well intentioned, it was too hurried poor and was appalled to learn that all the plant, why weren’t women being told? Why and ambitious to avoid the pitfalls that it women had been sterilized. These were young wasn’t Wyeth-Ayerst, the company which has now encountered. women with one or two children. When I in- produces Norplant for the Population Coun- Joseph Rees, the subcommittee’s chief quired further about this, I was told that the cil, required to list this condition among the council, said that after a recent fact-finding government had paid them a large sum of possible side-effects? Norplant is the result mission to Peru he was convinced that no money to be sterilized. United States money was directly used to fi- These women felt they had no choice but of almost 25 years of Population Council re- nance the Peruvian Government’s campaign. to take the money because they were so poor search. It has been tested on women in devel- But he expressed concern that some money and they felt as if they were doing their duty oping countries almost continuously since may have trickled through in the form of in- to lower the population. 1972. Surely something as serious as pseudo- frastructure, management or training sup- tumor cerebri would have shown up during these lengthy and presumably rigorous port. Because some United States-sponsored NORPLANT ALLEGED TO CAUSE BLINDNESS— trials. But how rigorous were the trials? food programs are operated from the same ABUSE OF WOMEN IN BANGLADESH AND HAITI Were they scientifically valid at all? Until Peruvian Government medical posts that ad- DOCUMENTED recently no one was asking these questions. minister family planning in rural areas, Mr. The side effects of having five-cylinders of Rees said that it was possible that some of No one had heard of what had happened in synthetic progesterone implanted into one’s trial sites such as Bangladesh and Haiti. this food could have been used to bribe arm were supposed to be minimal and to women to undergo sterilizations. only occur in a few women. While Planned * * * * * ‘‘The bottom line here is whether the Peru- Parenthood Federation of America, in its THE TRIAL OF THE POOR vian Government is more interested in doing fact sheet on Norplant, mentions ‘‘irregular The Norplant trial carried out in the slum family planning or population control and menstruation . . . headaches, and mood whether the United States wants to risk areas near Dhaka, Bangladesh, according to changes’’ as ‘‘possible side effects,’’ another recent reports, as anything but objective and being associated with a program where that PPFA publication, Norplant and You, sug- notion is so far unclear,’’ Mr. Rees said. rigorous. In fact, women were enrolled in the gests that ‘‘bleeding usually becomes more trial without their knowledge or consent. Dr. Meanwhile, despite the reported abuses, regular after nine to 12 months’’ and the number of women undergoing steriliza- Nasreen Huq, a physician who works with ‘‘[u]sually there is less blood loss with several non-governmental organizations in tion in Peru has remained steady. Prelimi- Norplant than with a normal period.’’ nary figures for January indicate that at the poorer areas of Bangladesh, states: NORPLANT LINKED TO BLINDNESS? least 10,000 women underwent free tubal ‘‘Participation in a clinical trial requires ligations by state doctors. Nothing in the Population Council lit- that the person who is participating in that trial understand that it is a trial, that the The opposition Renovacio´ n Party, a con- erature about Norplant describes the horrors drug they are testing out is still in experi- servative group that has always objected to Patsy Smith, a mother in Houston, Texas, mental stages. This requires informed con- the program, says it has collected more than experienced: sent. This was categorically missing.’’ 1,000 complaints from women who say they ‘‘Three months after having Norplant in- Akhter reported that women who took were either injured by Government steriliza- serted I started getting horrible headaches Norplant ‘‘. . . fainted quite often, you tion or pressured into agreeing to the oper- . . . like somebody was just grabbing my know, which was not the case before.’’ Other ation. head and just squeezing it together as tight as can be squeezed; like someone had put a women complained that ‘‘[the family plan- Arturo Salazar, a Renovacio´ n congress- bomb in there and it was going to go off. I’d ners] were telling us we were supposed to be man, said the Fujimori Government had noticed that [my vision] being kind of blurry very happy after taking this Norplant, but given no thought to the long-term effect of and after the months it got a little bit more why our life is like hell now?’’ Not only were so many sterilizations, which if left un- blurry and things started looking like they these adverse side-effects not noted, des- checked, he said, will severely diminish were on top of each other.’’ 1 perate cries from the women to have the im- Peru’s rural population, deprive the nation Although headaches are listed among the plants removed were simply ignored accord- of security on its frontiers and impede eco- possible side effects for Norplant, the severing to several women: nomic development in the countryside. ity of the pain and the worrisome blurring of ‘‘In 6 months [I went to the clinic] about 12 But those issues are of little concern to her vision led Patsy to visit noted neuro- times. Yes, about 12 times, I went to the Martha Eras, also of Tocache, who is strug- opthalmologist Dr. Rosa Tang, who admitted clinic and pleaded ‘I’m having so many prob- gling to care for her new baby girl, who was her to a Texas hospital where she came to lems. I’m confined to bed most of the time. born in August despite the Government- understand the seriousness of her condition. Please remove it.’ My health broke down sponsored sterilization that Mrs. Eras volun- Patsy has a condition called pseudo-tumor completely. I was reduced to skin and bone. tarily underwent eight months earlier. It ap- cerebri, where increased fluid pressure in the I had milk and eggs when I could, but that pears that the doctor was in such a hurry brain crushes the optic nerve. The damage in did me no good.’’ that he did not check to see if Mrs. Eras was Patsy’s case is severe; blindness in one eye ‘‘I felt so bad, my body felt so weak, even pregnant. and partial blindness in the other. Another my husband told me it was all very incon- ‘‘My husband joked that it was immacu- such episode could take away her sight en- venient . . . [My husband] says he’ll get an- late conception,’’ she said. tirely. other wife tomorrow. I told the doctors. [Excerpts from Population Research In reviewing Patsy’s medical history Tang ‘Please take it out, I’m having so many prob- Institute Review] came to suspect that Patsy’s condition was lems . . . I felt like throwing myself under PRI PETITIONS FOR NORPLANT WITHDRAWAL related to the use of Norplant. She wrote to the wheels of a car.’’ all the other eye specialists in Texas to ask Many women found their way out of the (By David Morrison) if any of their patients on Norplant had ex- trial blocked for lack of funds: On 24 July 1994 Wyeth-Ayerst itself prohibited similar symptoms. Over 100 cases ‘‘I went to the clinic as often as twice a mulgated a revised and greatly expanded set were brought to her attention, including 40 week. But they said. ‘This thing we put in of guidelines for doctors and clinics involved women with blurred vision and eight women you costs 5,000 takas. We’ll not remove it unin the sale and insertion of Norplant. These with conditions identical to Patsy’s. The less you pay this money.’ Of course I feel new guidelines went far beyond those which numbers startled Dr. Tang: very angry. I went to several other doctors had originally been issued, mentioning no ‘‘It was very surprising for me because I and offered them money to take those things fewer than 23 new, separate adverse health had not seen any reports in the literature at out, but they all refused. I went to three or conditions related to Norplant, including this time of such a link between Norplant four of them and they said these can only be pseudo tumor cerebri, stroke, arm pain and and pseudo-tumor cerebri and I was surprised taken out by those who put them in. They numbness. Unfortunately this new informa- of the fact that there were so many patients said that if they tried they might go to jail.’’ tion on adverse health conditions is alleged that seemed to be having the condition re- ‘‘One woman, when she begged to remove not to have been provided to the hundreds of it, said ‘I’m dying, please help me get it out.’ thousands of women currently using 1 All quotes in this story come from The Human They said ‘OK, when you die you inform us, Norplant, nor, it is further alleged, were phy- Laboratory, a documentary produced by the British we’ll get it out of your dead body,’ so this is sicians or clinics required to inform prospec- Broadcasting Corporation’s Horizon series and aired the way they were treated. In a slum area tive Norplant users of this new information. in Britain on 8 November 1995. people are living in a very small, like 5 feet

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5279 by 7 feet where at least five family members proved and risky. According to the Sunday good. Celia died without every regaining are living and these women are working out- Times of India, poor women in Calcutta are consciousness. side. The most important resource they have initially lured into trying the procedure be- Celia’s story is just one of many which is their own healthy condition.’’ cause of its afforability—the paper quotes a have resulted from a nationwide campaign ‘‘We have . . . information where these price of 35 rupees—and relative ease of use. which aggressively targets poor, working women have told us that they have sold their ‘‘What these women do not know,’’ the class and lower middle class women for sur- cow or the goat which was the only asset Times reports, ‘‘is that they are guinea pigs gical sterilization in often filthy cir- they had for treatment because she had to being used to test the efficacy of the drug; cumstances and without adequately trained get well, otherwise the family can’t survive, that they have been subjected a method not medical personnel. Although estimates of so in order to save her, they had to, you approved by any drug regulatory agency in how many women may have been hurt in know, sell the cow or if they didn’t want to the world.’’ these campaigns are difficult to tabulate, a treat her then she suffered, so the family was According to Puneet Budim, an Indian survey of reports about women who have suf- suffering either way. In every sense these gynecologist, none of these women in fered some injury, indignity, or coercion re- people were totally torn. Their economic Mullick’s and other clinics in the country veals a pattern stretching across Peru’s condition was torn, their family happiness are told they are part of a trial or what the length and breadth. Methods of coercion was totally gone.’’ risks might be. She alleges that they come have included repeated harassing visits until ‘‘I couldn’t see. I couldn’t look at things at into the clinics looking for a Copper T intra- women consent, verbal insults and threats, a distance. I had trouble focusing. You know uterine device but walk out burned by the offers of food and other supplies made condi- in the village we light oil lamps. I couldn’t acid the tablets create when inserted into tional upon accepting sterilization and mak- look at them. They looked like the sun, as the womb. ‘‘Scores of private doctors and ing appointments for women to have the pro- red and large as the sun. If I looked into the NGO’s across the country, including a promi- cedure before they have agreed to do so. Fur- distance, my eyes would water . . . If I went nent doctor politician from Delhi, are in- ther, none of the Peruvian women interviewed by a PRI investigator reported hav- out of doors, my eyes became absolutely volved in this unethical practice,’’ Budim ing been adequately informed as to the na- dark. I couldn’t see anything at all as if my said. ‘‘It’s a very disturbing development.’’ ture, permanence, possible side-effects or eyes had become affected by blindness.’’ (The Sunday Times of India, 16 March 1997.) The 1993 report on the Bangladesh trial risks of the procedure. ‘‘All they told her was how easy it was,’’ Jaime said later. ‘‘No contained no hint of these problems. It CUTTING THE POOR: PERUVIAN STERILIZATION more.’’ blandly stated that: ‘‘Norplant is a highly ef- PROGRAM TARGETS SOCIETY’S WEAKEST fective, safe and acceptable method among (By David Morrison) * * * * * Bangladeshi women,’’ claiming that less When the first sterilization campaign ar- CAMPAIGN BACKGROUND than 3 percent reported significant medical rived in their little town of La Legua, Peru, According to both high-and-low level Peru- problems. The report did not mention women Celia Durand and her husband Jaime were vian sources, the Ministry of Health’s family being denied removal of the implants or the unsure they wanted to participate. Although planning program was a mostly quiet and problems with vision. they had discussed Celia’s having the oper- somewhat moribund affair prior to 1995. ‘‘It Haitian horror detailed similar problems ation in the past, and had even researched was just one of those things [the ministry] were reported iN Haiti’s Cit, Soleil (City of its availability, they had begun to hear ru- did,’’ recalled one former high level official the Sun) by medical anthropologist Cath- mors about women damaged and even killed who served in the MOH when the steriliza- erine Maternowska. during the campaigns and Celia had decided tion campaign began. ‘‘They would give their she didn’t want to be sterilized that way. pills, maybe make some IUD’s and give some GLOBAL MONITOR: POPULATION CONTROL’S Maybe sometime later she would do it; shots and that was it.’’ Everything changed, QUESTIONABLE ETHICS maybe in a hospital. Certainly not in the lit- sources agree, when the Peruvian legislature (By Ruth Enero) tle medical post down one of La Legua’s bare changed the National Population Control But what exactly is all the fuss about? To earth streets, with its windows opened wide Law to allow sterilization as a means of fam- begin with the so-called anti-pregnancy vac- to the dust, insects, and the smells from the ily planning. cine, Australia introduced this type of drug pigs and other animals rooting and defe- According to Peruvian legislators, the in 1986. The intent was to trigger a given cating the nearby streets and yards. Fujimori administration used a mixture of woman’s body into producing antibodies to But then the campaign began and the Min- pressure and dirty tricks to change the law. hCG (human chorionic gonadotropin), a hor- istry of Health ‘‘health promoters’’ began to Long-standing supporters of Fujimori, even mone essential to pregnancy. Because the work her neighborhood. Going door to door, if they did not want to vote in favor of a drug affects the immune system, it poses house to house, they repeatedly pressed the broad sterilization mandate, were told they health risks, including damage to pituitary sterilization option. Interviewed later, her had to support the administration or face po- and thyroid glands, inappropriate immune husband Jaime would recall the singular na- litical reprisal. responses, possible infertility, and more. ture of the workers’ advocacy. They 2. Using incentives to fill sterilization quotas Women can’t remove this vaccine or stop its wouldn’t offer Celia any other contraceptive As with women in India, Bangladesh and effects once they’ve been given it. Violations method, he reported. It was sterilization, Pakistan, Peruvian women also reported of medical ethics regarding the use of this nothing else. Many of the conversations cen- being offered food, clothing and other things drug on Indian women were documented in tered around minimizing Celia’s fears about for themselves or for their children as a con- 1993, including blatant disregard for in- having the procedure during the campaign. dition or an inducement to sterilization. formed consent. The 1992 Nov/Dec issue of ‘‘Do it now,’’ they said. ‘‘You may have to Ernestina Sandoval, poor and badly in need Ms. relates that in 1951 India was the first pay [to have it done] later.’’ Other lines of of assistance after a string of weather prob- country in the world to launch an official argument included how ‘‘easy,’’ ‘‘safe,’’ and lems cost first her husband’s livelihood and family planning program. India received a ‘‘simple’’ the procedure would be. And the eventually her home, reported being offered major component of its anticipated social workers persisted. Again and again they food in a government hospital but then being change by testing contraceptives that were came to the family’s home, refusing to ac- told in order to qualify for the food she financed largely by the U.S. Indian women cept ‘no’ for an answer, until finally Celia would have to accept a sterilization. ‘‘They participated in the testing of (among other gave in and made an appointment. On the told me I had to bring a card from the hos- drugs) implants of (two rod) Norplant 2 and afternoon of July 3, 1997, she agreed, she pital saying I had been ligated,’’ she told a (five rod) Norplant. Most were not aware would have the procedure. PRI investigator. ‘‘If I didn’t agree to do this they were participating in an experiment. Her mother, Balasura, worried and the two they wouldn’t give me anything.’’ Maria For these women, there were no cautions even quarreled about it. ‘‘Don’t go, daughter, Emilia Mulatillo, another woman, reported about Norplant’s carcinogenicity and other there is always time later.’’ Balasura re- that her daughter’s participation in a pro- side effects. Partly because drug studies seek members saying. But Celia wanted the daily gram that supported children of low birth long-term data, women who developed med- visits to end and, besides, the health workers weight was made conditional upon her ac- ical problems (hemorrhagic bleeding, dizzi- emphasized the procedure’s easy nature. ceptance of a sterilization procedure. Like- ness, weight gain, heart problems) from their ‘‘Don’t worry, mama, I will be back in a cou- wise, Peruvian papers like El Comercio and implants found that early removal was not ple of hours,’’ she said as she left. That was La Republica have published stories of how part of their ‘‘free’’ care. the last time her mother saw her alive. ‘‘health promoters’’ have been paid or re- Sometime during the procedure at the med- warded with special prizes if they manage to QUINACRINE IN INDIA ical post, the surgeon caused enough damage bring more than their quota of women for Dr. Biral Mullick has begun sterilizing to Celia that she slipped into a coma. Med- the procedure. women from Calcutta and surrounding vil- ical staff put off frantic visits from Celia’s 3. Lack of informed consent lages with quinacrine, even though the brother-in-law, mother and husband, finally None of the over thirty sterilized Peruvian World Health Organization and female moving her entirely out of the post and into women whom a PRI investigator inter- health groups warn that the method is unap- a larger clinic in nearby Piura. It did no viewed, which included a number of women

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who said they were happy they had the pro- mented: 1) suppression of all literature from ‘‘PRACTICALLY BY FORCE’’ cedure, reported having given anything like the boxes of medication at the central ware- (Statement of Avelina Nolberto) informed consent. None of them were told of house (prior to regional distribution) . . .’’ As a poor mother of five underage children the procedure’s possible side effects, particu- In the Ovrette case in Honduras,USAID has and separated from my husband who also larly when performed under the time and been party to a flagrant violation of human lives in the city of Andahuaylas, I wash other constraints that mark the campaigns. rights through the imposition of a coercive clothes to support myself and the children. None were told of the risks. Universally and experimental population control pro- During my work activities I got to know an what the women reported was being told gram, has violated several Honduran laws obstetrician who works in the Social Secu- over and over again about the procedure’s and the constitutional rights of information, rity hospital of Ayacucho. I confided in her eventual benefits, speediness and ease. But, and has acted to the detriment of the health about the problems I had run into with my as critics have pointed out, merely being of Honduran mothers and children. The husband. Then she spoke to me about tubal told one set of facts about a potential med- Ovrette incident should be thoroughly inves- ligation and, of course, I was against it, but ical procedure cannot be considered as hav- tigated in order to prevent such an imposi- after so many demands she convinced me, ing been adequately informed about the pro- tion which can harm future generations not adding that my husband could come back at cedure. only in Honduras, but also in many other any moment and would once again fill me 4. Sterilization the only method offered countries where such programs are imple- with children. Although supposedly committed to offer- mented. So on 16 October 1996 a worker, the sister ing Peruvian women a wide-range of family of the obstetrician, arrived at my house tell- planning choices, including sterilization, ing me that it was free and I should take ad- PRI’s investigation found that the govern- A DOCTOR SPEAKS OUT: WHAT HAPPENED TO vantage of the opportunity since specialists ment sterilization campaigns were single- MEDICINE WHEN THE CAMPAIGN BEGAN? from the Social Security hospital in Lima minded. None of the women sterilized in the (Statement of Dr. Hector Chavez Chuchon) had arrived. I resisted, saying that I had to campaigns that we interviewed (as opposed go to the market to cook lunch for my small to those sterilized, for example, in hospitals) My name is Hector Hugo Chavez Chuchon, children who were studying in school. I went reported being offered any options other and I am the president of the regional med- to the market and stayed a long time. Upon than sterilization. Most were adamant on ical federation of Ayacucho, Andahuaylas, my return I found her outside my house and that point because, like Celia Durand, they and Huancavelica in the Republic of Peru. she intercepted me saying that I was already were unsure if they wanted to be sterilized at This areas is the poorest in the country. I do scheduled for a ligation and that they would all and would have welcomed a chance to not belong to any political group, and hope take me by taxi. That is how I arrived at the take another option. Several women, par- that the Peruvian government has as much hospital practically against my will without ticularly those who had already begun in success as possible in its enterprises. But, at any of my girls going in with me. This lady other government family planning programs the same time, I have the moral obligation took charge of all the business in the hos- like those using Depo-Provera (which must to come forward and denounce wrongs there, pital. This was the way I had the surgical be injected every three months), told of where they are done. intervention of a tubal ligation. being instructed to have the sterilization I’d like to describe my work since the start After the operation I was not able to re- procedure because their current program was of the tubal ligation and vasectomy steriliza- cover. My stomach swelled and I had the sen- being curtailed. Later, when asked directly tion campaign. There are approximately 200 sation that all my intestines were burning. I about why women were pulled off Depo- doctors in my region. Some of them have could not expel intestinal gas. It was three Provera and pressured to accept steriliza- come to declare and demand that the federa- in the afternoon on October 17, 1996. Then I tion, Dr. Eduardo Yong Motta, former Min- tion step forward to defend and to protest began to worry because I entered the hos- ister of Health and now President Fujimori’s the ‘‘inhumane,’’ massive, and expanding pital totally healthy. When I went to the ob- health advisor, replied that ‘‘Depo costs too sterilization campaign, a campaign which stetrician to complain about my state of af- much,’’ and that the Ministry had a problem imposes quotas on medical personnel. As fairs, she became very insolent and said that with a method which a ‘‘woman might for- proof of these quotas, I have this document she had nothing to do with this, and she had get’’ or decide that she no longer wanted. which is available in the information packet the audacity to tell me, ‘‘Don’t be bothering 5. Medical histories not taken and post-opera- that you have. These doctors do not like the me, as if I had dragged you in.’’ After that, tive care inadequate way in which people are brought in for these my children came searching for me desperately when they did not find me home. None of the women sterilized in the cam- surgical procedures, where information is poor, incomplete, and generally deficient. They found me in the hospital and that is paigns that PRI interviewed reported having how I left still very sick. had any medical history taken prior to un- Also, the places where these operations are performed are, for the most part, unsuitable, In the night of October 17, 1996 I had ter- dergoing the sterilization procedure. This ribly strong colic and my entire stomach means that no one sat down with the women and the personnel often insufficiently trained. swelled with a terrible burning sensation before the surgery to find out if any were ex- that I could not stand. So when I woke up, periencing medical conditions that might, in The Ministry of Health denies that there my oldest daughter took me back to the So- another circumstance, delay surgery. This is are campaigns and quotas referring to steri- cial Security hospital where they intervened particularly important in light of the fact lizations, and absolves itself of its responsi- on me again on October 18, 1996. When my that the medical team was assembled and bility, without taking into account, among family started to inquire about my health brought into a local area especially for the other things, that the doctors work under status, what was the problem I really had, no campaign. Familiar medical staff sterilized their orders. Doctors work under pressure one could tell them anything concrete. When none of the women interviewed and thus, in from their superiors, are given quotas and I was supposed to be asleep I heard the some cases, no one was able to stop surgeries submitted to other more subtle forms of nurses whispering among themselves that from proceeding in incidents where women pressure. It is also true that doctors work when they operated to do the ligation they were pregnant, menopausal or suffering from under very unstable employment conditions, had cut my intestines. I was not able to recu- possibly complicating conditions. Post-oper- and could easily lose their posts. perate so they tried again on November 10, ative care, particularly in cases leading to I would like to have the people of the 1996, but my condition kept deteriorating so serious complications and even death, was United States understand what their govern- they decided to send me on November 15, 1996 sorely lacking. It was not uncommon for a ment is doing in Peru. My country is very to the Social Security hospital of Lima at woman to be rapidly sterilized in an large, and we do not have more than 25 mil- my daughter’s insistence. There they did a unhygenic theatre in an afternoon and then lion inhabitants, which in no way calls for a complete cleaning of my intestines because a sent home, feverish or still in pain, a few brutal birth control campaign, especially not greenish liquid had formed and the doctor hours later. one of sterilization. The facts show that told me that I had septicemia. I left there on prosperous countries like Japan have a high December 12, 1996 returning to my city with- THE OVRETTE PROGRAM IN HONDURAS: DID population density. Even though they are out medicines to continue my treatment. USAID ENDANGER HONDURAN CHILDREN geographically much smaller, and lack the The doctors treating me refused to give me WITH AN UNAPPROVED DRUG? natural resources of my country, they live medicines when I asked because I have no in- The Committee carried out an exhaustive prosperously. So, we can see that the most surance. investigation and discovered that the Health important thing for a country is its human From that time I have not been able to re- Ministry had issued a document entitled resources, which can generate wealth and cover, and given my precarious financial sit- ‘‘Strategy for Introducing Ovrette.’’ This well-being. Therefore, I would like especially uation, I had to return to my husband so document stated: ‘‘In order to avoid any mis- to say that if you want to help my country, that he could look after the children. I still understandings which might jeopardize the do so by investing in education and job cre- cannot go back to work like before. Relaps- distribution and harm family planning objec- ation, and not using these millions of dollars ing again, I went to the hospital Maria tives, these instructions shall be imple- for population control programs. Auxiliadora de San Juan de Miraflores in

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5281 Lima on November 4, 1997. I stayed there to and ‘‘uterine evacuation,’’ as well as the ma- Whatever the truth of this statement, it is be treated for what the doctor said was a ternal deaths that are an inevitable result of by itself a remarkable admission. For it has perforated intestine. This was very expensive carrying out these procedures in unsanitary been the steadfast position of the Chinese and I owe the hospital but do not have the and inadequate medical conditions, will un- government—and the UNFPA itself—that ability to pay them back or to continue my doubtedly reduce the numbers of ‘‘vulnerable the one-child policy does not rely upon birth treatment because of the expensive medi- peoples’’ suffering in refugee camps. If the quotas and targets, nor does it require par- cines needed. I am desperate from this situa- present efforts to halt ratification of these ents to obtain birth permits prior to having tion. I cannot work to support my younger guidelines do not succeed, there will in fact children. Targets and quotas, it should be children. My oldest daughter, 20 years old, is be no more place of refuge for those who noted, were banned by the Cairo population studying and doing domestic work and is have until now been able to turn to the conference because they always lead to supporting me as much as she can. Now I am international community in their moments abuses. staying in the house where she works and of greatest need. But lest the Chinese people living in these the lady here has very kindly agreed to re- counties take their newfound freedom to ceive me with my young girls of 7 and 11 AIDING A HOLOCAUST: NEW UNFPA PROGRAM have children seriously, the Chinese govern- years old, and I have been given a great deal DESIGNED TO TIDY UP ONE-CHILD HORROR ment has retained the right to use economic of help to recuperate. (By Steven W. Mosher) pressure. Sadik: ‘‘[T]hey may still be subject The United Nations Population Fund’s to a ‘‘social compensation fee’’ if they decide FAMILY PLANNING BY THE NUMBERS: QUOTAS (UNFPA) love affair with China’s ruthless to have more children that [sic] rec- HAVEN’T GONE AWAY, THEY HAVE MERELY one-child policy continues. Despite over- ommended by the policy.’’ In other words, CHANGED THEIR NAME whelming evidence of massive human rights overly procreating parents will be fined into (By David Morrison) violations stretching back two decades—and submission. That’s hardly reproductive free- Although officials with the US Agency for in violation of its own charter—the UNFPA dom. And what of the ill-favored people in Chi- International Development deny the prac- has just quietly embarked upon a new $20 na’s 2000 other counties? Counties where—we tice, current documents and training pro- million program in China to assist its so- have it on the authority of Nafis Sadik her- grams indicate that the Agency still uses called ‘‘family planning program.’’ self—birth targets and quotas will continue quotas to evaluate so-called ‘‘family plan- The program, which will be carried out in to be imposed in defiance of world opinions. ning program.’’ 32 Chinese counties, is being billed as an ef- Counties where parents, on pain of abortion, WHY ALL THIS MATTERS fort to replace direct coercion with the more subtle forms of pressure that the UNFPA must obtain birth permits for children prior This entire issue can seem like mere num- commonly employs to stop Third World fam- to conceiving them. Counties where mobile bers on a page until a situation like that of ilies from having children. Beijing has signed abortion vans roll up and down rural roads, Peru appears. Then it becomes clear what off on the four-year experiment. In the deli- snuffing out the lives of wanted children USAID’s continuing reliance on quotas has cate phrasing of Kerstin Trone, UNFPA pro- while their mothers lie helpless in body wrought. Hundreds of thousands of women in gram director, ‘‘The Government of China is clamps. And counties in oppressed Tibet, Peru and elsewhere have had to confront keen to move away from its administrative whose sparse populations of nomadic herds- workers from government and other organi- approach to family planning to an inte- men are about to be further depleted by zations who view them not as human being grated, client-centered reproductive health ‘‘family planning.’’ but rather as numbers to be entered into a approach . . .’’ The Founding Charter of the UNFPA says report or a means of filling a quota. As well it might. For except within the ‘‘couples have the right to decide the number population control movement itself, which and spacing of their children.’’ The Execu- REFUGEE POP CONTROL ADVANCES: DESTRUC- continues to celebrate China’s forceful ap- tive Director of that organization has now TIVE GUIDELINES REMAIN IN PLACE DESPITE proach, the one-child policy has become a admitted that China’s population-control ALTERATIONS byword for female infanticide, coerced late- dictators deny that right. Until that (By Kateryna Fedoryka) term abortions, forced sterilization/contra- changes, until China abandons the whole op- As human rights activists and humani- ception, not to mention a host of other hor- pressive apparatus of targets, quotas, and tarian aid workers contend against the tide, rific abuses that rival in sheer barbarity the birth permits, the UNFPA should get out— the United Nations moves closer to promul- worst of Nazi Germany. and stay out—of China. gating guidelines that would subject refugee Recent examples of such abuses abound. In women to clinically irresponsible and dan- the August 1997 edition of Marie Claire mag- FROM THE COUNTRIES: AGING JAPANESE; gerous procedures of fertility regulation and azine, for instance, we find a report that BIRTH-CONTROL TRAINS AND STERILIZATIONS abortion. Scheduled for completion in April, China has ‘‘implemented [its] harsh birth EVERYWHERE—JAPANESE TO BE WORLD’S UNHCR guidelines for ‘‘Reproductive Health control policy’’ in Tibet, including ‘‘forced OLDEST in Refugee Situations’’ has been the center abortions and sterilizations of Tibetan ‘mi- Meanwhile, more than 16,500 handicapped of a protracted struggle between the UNHCR, nority’ women.’’ Tibetan families are al- Japanese women were involuntarily steri- concerned NGOs, and US Congressman Chris lowed one child in urban areas, two in rural lized with government approval during the Smith. areas. ‘‘Excess births’’ are illegal. As period from 1949 to 1995, government officials Initial drafts of the guidelines called for throughout China, it is legal to kill such ‘‘il- now have admitted. However, unlike other the introduction of a specifically reproduc- legal’’ Tibetan babies in utero for the entire nations whose own sterilization agendas tive health component into the emergency nine months of pregnancy, even as they de- have recently come to light, Japan does not health care kits for refugee camps. Concern scend in the birth canal. In sparsely popu- plan to apologize, offer compensation to the first arose among NGO participants in the lated Tibet, such a ‘‘family planning’’ pro- victims, or conduct an investigation. preliminary drafting sessions when it be- gram may properly be called genocidal. Japan legalized sterilization in 1948 (while came evident that the reproductive health Then, as reported in a previous issue of the under American occupation) as a means of kits were to include the so-called ‘emergency Review, there is China’s latest weapon in the improving the race through control of hered- contraceptive pill’ (ECP), and a manual vac- war it is waging on its own people: Mobile itary factors. The law, which was revoked uum aspirator for use in early-term abor- abortion vans, each of which will be equipped only last year, allowed doctors to sterilize tions. Objections centered on poor general with operating table, suction pumps, and people with mental or physical handicaps hygiene, unskilled practitioners, and the . . . body clamp. According to Chinese offi- without their consent, after obtaining the lack of all but the crudest of operating fa- cials, the government has plans to make 600 approval of local governments. cilities, which make safe and responsible ad- such vans to travel around the countryside (Sources: ‘‘Japan braces for life as world’s ministration and management of such proce- doing abortions. Presumably such vehicles oldest nation,’’ Associated Press, 11 Decem- dures virtually impossible. will be banned from the 32 counties in which ber and ‘‘Japan acknowledges sterilizing Following promulgation by the UNHCR, the UNFPA will be responsible for keeping women,’’ The Washington Post, 18 Sep- there will be a waiting period before the the birth rate down with its ‘‘integrated ap- tember, A 26.) guidelines are submitted to the WHO, which proach,’’ but who can be sure? has final oversight for medical operations in Nafis Sadik, the Executive Director of the ***** refugee camps. If signed into policy by the UNFPA, has let it be known that the Chinese AUSTRALIAN STERILIZATIONS WHO, the regulations will go into effect im- government has agreed to suspend the one- Surgeons in Australia’s public health sys- mediately. Conditions in refugee camps will child policy in the 32 counties during the tem have illegally sterilized more than 1,000 render impossible any attempt to prevent four-year experiment. In her words, ‘‘In the retarded women and girls since 1992, a gov- abuse. Population control will be imposed on project counties couples will be allowed to ernment-commissioned report said. poor refugees. have as many children as they want, when- The chief justice of Australia’s family The aborting of refugee women under the ever they want, without requiring birth per- court, Alastair Nicholson said, ‘‘The re- euphemisms of ‘‘emergency contraception’’ mits or being subject to quotas.’’ search points to an irresistible conclusion

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that doctors are performing unlawful steri- THE DISASSEMBLY LINES, PART II: INDIAN houses, land or loans by government officials lizations on girls and young women with dis- WOMEN STERILIZED UNDER INDUSTRIAL CON- under intense pressure to meet sterilization abilities.’’ DITIONS quotas.’’ In 1992, Australia’s High Court made such (By James A. Miller) V.M. Singh, a legislator from the State of sterilizations illegal if they were not medi- Uttar Paradesh, declared that ‘‘[e]very single AIR PUMPS AND ERRORS cally required, unless a court or tribunal thing in my district leads to one wretched granted permission. Since then, such permis- The all-too-common primitive conditions thing: Will the woman be sterilized?’’ Singh sion has been granted only 17 times, the re- at the camps were reported: air pumps for explained that ‘‘[p]eople are told if they port for the federal Human Rights and Equal pneumoperitoneum, bricks to elevate the op- want electricity, they will have to be steri- Opportunity Commission said. However, at erating tables, gowns changed only at rest lized. If they want a loan, they have to be least 1,045 women and girls were sterilized breaks, the lack of an anesthetist as part of sterilized.’’ during that period, the commission said. The the surgical team, the inadequate ‘‘steriliza- Singh, who has complained about the situ- government Health Ministry called the fig- tion’’ of instruments, the non-monitoring of ation to the state government, said that offi- ure ‘‘overstated,’’ claiming that the true patients’ pulse and blood pressure during cials in his district and others along the bor- number of cases was only ‘‘one-fourth or one- surgery, and the ignoring of regulations con- der with Nepal, in order to meet their fifth that.’’ cerning the number of sterilizations to be quotas, often ‘‘resort to bribing Nepalese (Source: The Washington Post, 16 Decem- performed per surgical team per day. women to travel to India for sterilizations.’’ ber, A22.) The report noted that the ‘‘government The Post noted that the pressure for steri- sponsored campaign to meet [quota] targets ***** lization is especially acute in India’s poor set for each state by end of the fiscal year northern states, which ‘‘impose sterilization AUSTRIAN STERILIZATIONS . . . [led to] a uniformly high risk of deaths quotas on virtually every government em- The Austrian Ministry of Justice, fol- in camps [during the] campaign season and a ployee in the district, from tax collectors to lowing allegations by member of parliament markedly reduced risk in the balance of the schoolteachers. If they don’t meet the quota, Theresia Haidlmayr that thousands of year.’’ Another factor contributing to ‘‘un- they don’t get paid,’’ explained V.M. Singh. women in mental institutions were being satisfactory outcomes’’ was the ‘‘speedy For most village women, months of nego- forcibly sterilized, promised on 28 August to completion of the sterilizations . . . by the tiation precede the trip from their simple curtail the rights of parents to authorize the surgical teams who are anxious to return to mud huts to the stained sheets of the make- sterilization of their handicapped children. their home base.’’ shift operating table. The discussions do not The judiciary’s action was also in response Although one could go on and on in like begin with medical personnel, however. to rumors in medical circles that Ernst vein, perhaps the best overall summation of Rather, it usually begins with a local gov- Berger of the Rosenhugel Psychiatric Hos- what is really going on in India’s steriliza- ernment bureaucrat, the ‘‘motivator’’ who pital for the Young in Vienna, was preparing tion camps was the devastating reply of two will be paid for each woman he can deliver, a paper which would examine the question- Indian physicians to a glowing Lancet edi- telling the husband that ‘‘if his wife under- able due process involved in the forced steri- torial endorsing the camps. goes a sterilization she will receive 145 ru- lization of young handicapped children in The doctors noted that in some cases ‘‘a bi- pees (about $4.60) and the family may qualify Austria. Berger’s paper includes a case study cycle pump [was] being used to create a for materials for a new house, or a loan for of a 16-year-old mentally handicapped girl pneumoperitoneum’’ for laparoscopic steri- a cow, or a small piece of land.’’ And so an- who was sterilized 4 years ago on the author- lization—a grim symbol of how medical other woman is off to a sterilization camp ity of her father, who was later found to have standards have been lowered in the zeal to where she too can wind up on the ‘‘recovery been sexually abusing her. meet national sterilization targets.’’ room’’ floor. The administrative processing of such They wrote of laparoscopes being ‘‘reused sterilizations, said Berger, ‘‘had a profes- after a quick wash,’’ of ordinary, non-sterile THE DISASSEMBLY LINES; INDIAN WOMEN sionally unsound cynical character differing ‘‘air (not carbon dioxide)’’ being used to cre- STERILIZED UNDER INDUSTRIAL CONDITIONS only superfically from the forced measures ate a pneumoperitoneum, of the ‘‘high inci- legitimized by the the [Nazi] laws to prevent dence of uterine perforations,’’ of complica- (By James A. Miller) hereditarily ill future generations. tions which ‘‘are rife’’ and a ‘‘case fatality Editor’s note: Population control is lit- (Source: The Lancet, 6 September, 723.) rate as high as 70 per 100,000.’’ [See above] erally and figuratively dehumanizing. In They condemned the system in which ‘‘local India, thousands of women are being herded CHINESE UNVEIL ‘‘MOBILE ABORTION CLINICS’’ authorities are under pressure to achieve set into mass sterilization camps, where sur- Delegates to the 23rd annual meeting of targets and the doctors are paid on a case geons mutilate their reproductive organs in the International Union for the Scientific basis,’’ while ‘‘inducements (cash or other- assembly line-fashion under unsanitary con- Study of Population (IUSSP) were treated to wise) are routinely sanctioned to candidates ditions, sometimes using bicycle pumps as a macabre sight during their 11–17 meeting for sterilization and the motivator is simi- medical instruments, and where mortality in Beijing. Chinese government officials larly rewarded.’’ rates reach as high as 500 per 100,000 steri- drove one of the brand new ‘‘mobile abortion Under such conditions, the doctors de- lizations. This article, the first of two parts, clinics’’ up to the parking lot of the building clared, ‘‘informed consent is certainly not focuses on one such sterilization camp in where the conference was being held. Dele- obtained.’’ Kerala, India. gates leaving their session were able to stop Written consent was obtained at this time by the van’s open rear doors and behold its POST DOCUMENTS INDIAN HORROR and the women were seen affixing their sig- small bed, suction pumps and body clamps PRIZES natures to some printed forms. However, up close. very little about the sterilization procedure In the yard outside the sterilization center ‘‘We plan to make 600 of these buses to was explained to them, nor were any alter- were ‘‘tables of prizes for the government travel around the countryside,’’ said Zhou native options offered. workers who had brought in the most Zhengxiang,’’ the ‘‘vice general manager’’ of On average, it took just four to five min- women. Three patients won the worker a the van’s manufacturing company. utes for the completion of this three-stage wall clock, 5 a transistor radio, 10 a bicycle Human Rights advocates fear that the mo- procedure. Since three women were going and 25 a black-and-white television.’’ bile clinics represent a further escalation in through the different stages simultaneously, At another camp in neighboring China’s war against its own people’s fer- the total time taken for all 48 women was Saharanpur, the reporter noted that prior to tility, a war which has been characterized by just 128 minutes—i.e., two hours and eight the sterilization, blood samples were taken forced abortion, sterilization and IUD inser- minutes. The surgeon thus spent an average by a medical assistant who ‘‘pricked each tion. of only two minutes and 40 seconds per steri- woman’s finger—using the same needle on all ‘‘I think the need for body clamps in this lization. the women. . . .’’ thing speaks for itself,’’ said Steven Mosher, The linen on the three makeshift operating But how voluntary have been the indi- President of the Population Research Insti- beds was never changed during the course of vidual decisions made by these millions to tute. ‘‘Women doing something voluntarily the day’s surgeries. Moreover, the surgeon submit to being sterilized? During the 1970s, do not need to be held down with clamps.’’ never once changed his gloves during the several million Indian men were forcibly Chinese government officials, as usual, de- course of the 48 surgical procedures he per- vasectimized. Now, critics of India’s steri- nied the practice of forced abortion in the formed. Unfortunately, this disregard for lization program say it is still ‘‘inhuman be- countryside, but this time their denials flew aseptic conditions is quite common in the In- cause it relies on quotas, targets, bribes and in the face of more candid admissions by the dian sterilization camps and has been re- frequently coercion. . . .’’ Chinese government from only a few months ported often through the years. ago. These critics note that most of the women The news of 600 mobile abortion clinics who are sterilized are poor and illiterate, and POST-OPERATIVE CARELESSNESS may indicate a split policy on population have been ‘‘lured to the government steri- All of women who were sterilized had to control in China. lization clinics and camps with promises of walk by themselves back to hall, which now

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5283 served as the post-operative ward. They lay broken down tables draped with soiled rub- have fewer kids and raise more pigs,’’ says on the nine available cots, usually two per ber sheets have been used as operating ta- one sign painted on a wall. cot. The rest were accommodated on bed bles.’’ Surgeries have been performed with sheets spread out on the unswept floor, five ‘‘just one bucket of water for the surgeons to FROM THE COUNTRIES: QUINACRINE IN INDIA, women per sheet. ‘disinfect’ their hands before operating.’’ The ESTONIANS DECLINE, MORE CONDOMS FOR As each woman lay down on a cot or a same syringe has been used on all the cli- UGANDA, QUINACRINE IN INDIA sheet, a nurse sprayed the area around the ents. Thousands of illiterate women in India and abdominal incisions with an antiseptic and Bangladesh have been used as ‘‘guinea-pigs’’ dressed the small wounds. The women were WITH FRIENDS LIKE THESE: FERTILITY without their knowledge in unauthorized provided with an antibiotic and a pain killer REDUCTION FAILS TO MAKE BANGLADESH RICH trials of quinacrine, a derivative of quinine and were instructed to contact the local (By Jacquelin Kasun) used to perform chemical sterilization by JPHN in case of any problems. No doctor ex- The government does well to take very se- scaring and burning a women’s fallopian amined or counseled the women after sur- riously what Messrs. Merrill and Piet say; tubes. gery. according to US law, countries which receive Although the ‘‘Q method’’ is illegal in As the number of women of women who US foreign aid must take steps to reduce India and has ‘‘no medical sanction’’ in Ban- had been operated on increased, the avail- their rate of population growth. gladesh, more than 10,000 women have been able space in the hall begin to shrink. The And the evidence suggests that the coun- sterilized with quinacrine by a single med- last of the women had to lie on a bed sheet try is making a good faith effort in this re- ical practitioner in India’s West Bengal state at the entrance to the bathroom, which was gard. Fifty-three thousand family planning alone, with similar trials going on in being used extensively by the women and workers provide doorstep delivery of birth Mumbai, Bangalore and Baroda; in Ban- their attendants. Extensive seepage from control services. Although the law restricts gladesh’s southeastern Chittagong district this overused bathroom barely missed the abortion to the saving of the mother’s life, more than 5,000 women have been sterilized feet of the women lying on the bed sheet ‘‘menstrual regulation’’—removal of the with quinacrine. In a documentary film on near it. womb’s contents without a prior test for the ‘‘Q Method,’’ a doctor at Delhi’s Lady While the operations were proceeding, the pregnancy—is widely available, often per- Hardinge Medical College admitted using District Medical Officer (DMO) came to informed by person with only ‘‘informal’’ quinacrine on women in Delhi. spect the hospital. He condemned certain training. The press also reports that govern- A group of doctors under the aegis of the items of equipment which were being used. ment doctors perform illegal abortions in Contraceptive and Health Innovations The JPHNs and JHIs at the camp took the clinics without anesthesia or sanitation. Project (CHIP) in Karnataka, South India, opportunity to inform the DMO about the The government pays women about $3 completed a quinacrine sterilization trial on problem of non-payment of incentive money each, plus a new saree, to be sterilized. Men 600 women in July 1996, and are currently in- to their clients during the previous months. receive $4 plus a new lungi. The Sun reports volved in a 2-year project Ato sterilize 25,000 (An incentive payment of 145 Rs is paid to that the numbers go up just before the rice women. sterilization acceptors.) The JPHNs and harvest, probably because people are Health activists claimed that the U.S. JIHIs knew that the people they served were hungriest then. The Sun also reported that Agency for International Development has upset that the incentive payments had not women’s sterilizations were being performed ‘‘funded quinacrine supplies to India,’’ along been immediately disbursed, and they were with quinacrine, which severely burns the with a ‘‘zealous population control at any worried that as word spread in the commu- fallopian tubes. The women are unaware of cost’’ international lobby. Since the quin- nity they would find it difficult to ‘‘moti- the risks until they suffer the consequences. acrine method requires no surgery or anes- vate’’ future clients. An aid-dependent poor country whose peo- thetic, and no real follow-up, and costs only The surgeon and his team left the camp by ple are mostly illiterate, Bangladesh is an one dollar per case, it has become a favorite 3:45 p.m., shortly after completion of the op- ideal place to test birth control methods. weapon for such groups. erations. Most of the JPHNs and JHIs also Eager grant seekers in the United States can left the camp immediately, leaving the support their research and their professional TOO MANY PEOPLE? NOT BY A LONG SHOT women and their attendants to fend for advancement by doing experiments in Ban- (By Steven W. Mosher) themselves. By 4:30 p.m., many of the women gladesh. Local women’s rights groups, such The most notorious example is China, began leaving the premises, although they as UBINIG and its intrepid leader Fairda where for a decade and a half the govern- could barely walk; none of them were per- Akhter, give evidence that Norplant pro- ment has mandated the insertion of intra- mitted to stay in the building beyond 5 p.m. viders refuse to remove the implant even uterine devices after one child, sterilization DARK AND DIRTY BUSINESS when the women suffer debilitating side ef- after two children, and abortion for those As for the operating theatre, sometimes fects. Losing subjects from the sample spoils pregnant without permission. the results of the research. Removing im- the ‘‘flooring was dusty and unclean [and] Btu the use of force in family-planning plants also uses resources that could be used the lighting . . . was very poor. . . .’’ At programs is not limited to China. Doctors in to insert them and meet the quotas. many places the artificial light which was Mexico’s government hospitals are under or- available was ‘‘insufficient and uncertain be- ders to insert IUDs in women who have three CHINESE ADMIT POLICY IS COERCIVE cause of drop[s] in voltage or power or more children. This is often done imme- out[ages].’’ Nonetheless, at some of the Urban couples generally comply with the diately after childbirth, without the fore- camps the surgeons operated ‘‘round the policy, the article reports, because they pay knowledge or consent of the women violated. clock through day and night with very high fines and risk losing important benefits Perhaps the practice in Peru, where women scanty light—only one torch for two tables by having more than one child. In the coun- are offered 50 pounds of food in return for or so.’’ tryside, where most Chinese live, enforce- submitting to a tubal ligation, cannot prop- Usually there was a shortage of linen re- ment is more difficult, the article maintains. erly be called coercive. Still, there is some- quired for the numbers of women to be oper- Rural officials are responsible for meeting thing despicable about offering food to poor, ated on, and the sterilization of instruments family planning quotas. Some take bribes to hungry Indian women in return for permis- and linen was inadequate. Often the local neglect to report births. Some resort to ter- sion to mutilate their bodies. And the poten- nursing staff who assisted the operations ror and force to make sure the rules are fol- tial for direct coercion is ever present, given seemed to be ‘‘assisting for the first time,’’ lowed. ‘It would be better to have blood flow that Peruvian government doctors mut meet which in fact was the case, as subsequent in- like a river than to increase the population a quota of six certified sterilizations a quiry discovered. Moreover, the pre-opera- by one’ reads one rural slogan, according to month or lose their jobs. tive preparation of the patients was so un- a report by the Chinese newspaper Inter- satisfactory that some of the women had ap- national Trade News. THIRD WORLD POPULATION GROWTH: FIRST parently eaten recently and/or had not prop- Women must get regular checkups and cer- WORLD BURDEN? erly evacuated themselves, resulting in some tificates to prove they are not pregnant. even voiding on the operating table, causing Those with unauthorized pregnancies are or- (By Steven W. Mosher) a postponement in their sterilization. dered to have abortions, the article reported. At the time the NSC report was written, Although the team of observers found the The article declared that the highest birth India was in the middle of its infamous Kerala camp conditions ‘‘appalling,’’ they rates are in China’s poorest counties, where ‘‘compulsuasion’’ campaign. Although this were ‘‘not as bad as elsewhere in the coun- farmers still need their children’s labor and strange word was an amalgam of compulsion try.’’ rely on their support in old age. Those who and persuasion, the emphasis was definitely In many instances the sterilization camps have extra children are fined, but some are on the former. No longer was our congenial were conducted in makeshift locations with- unable or unwilling to pay. Indian villager merely to be given boxes of out even a thought to aseptic conditions. In many areas, the article declared, offi- contraceptives with which to build temples. School classrooms have been used without cials are turning to economics to help make Instead, he was to be sterilized. Governments any effort to disinfect them, and ‘‘rusted, their arguments. ‘‘If you want to get rich officials were assigned vasectomy quotas,

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 5284 CONGRESSIONAL RECORD—HOUSE March 23, 1999 and denied raises, transfers and even salaries During the nineties, right to the present cient vaccine got widespread attention after until they had sterilized the requisite num- day, some Mexican government hospitals, Human Life International, an international ber of men. according to sworn depositions collected by pro-life group, reported on peculiar tetanus At the same time it was privately com- human rights activist Jorge Serrano, rou- vaccination programs in the Philippines, mending India’s programs, the NSC strongly tinely sterilize or insert IUDs into women Mexico and Nicaragua. cautioned against public praise. ‘‘We rec- delivering their second or third child with- Current WHO-funded research in the ommend that US officials refrain from public out their foreknowledge or consent, and United States, according to a leading re- comment on forced-paced measures such as (sometimes) even over their objections, im- searcher, has ‘‘moved on’’ from tetanus to those currently under active consideration mediately after giving birth. With the uterus diphtheria as the antigen link. For even in India . . . [because that] might have an expanded from childbirth, it is impossible to greater efficiency and wider reach, the possi- unfavorable impact on existing voluntary correctly size an IUD, which can embed in bility of doing away with the antigen link al- programs.’’ the uterine walls as the womb contracts. together is also being explored. Then there is the well documented horror of But from the point of view of numerous STATEMENT OF M. GRACIELA HILIARIO DE forced abortion and sterilization promoted Filipinas, the most disturbing allegation RANGEL OF MEXICO by the Chinese ‘‘one-child’’ policy, and sup- against Talwar is that he has, in the past, My name is Maria Graciela Hilario de Ran- ported by ‘‘family planners’’ like the United tested his abortifacient vaccines on women gel. I am from the city of Morelia. I have had Nations Population Fund (UNFPA) and the without first testing them on animals. Both IUD’s placed into me twice. The first time International Planned Parenthood Federa- Indian researchers and WHO officials are on was ten years ago, when one was placed in tion (IPPF). record as declaring that such abuses have oc- me before I was released from the clinic. I curred. Their testimony has helped fire oppo- later had it removed. SRI LANKAN POPULATION ATROCITIES sition to the vaccine, especially on the part The second one was placed in me eight In the Indian Ocean island state of Sri of women’s groups. months ago after the birth of my baby. On Lanka, female plant workers are being MEXICAN STERILIZATIONS this occasion, I repeatedly told the doctor forced to undergo sterilization at govern- that I did not want the device placed in me. ment run clinics by health workers who are More than 300 Mexican women have docu- He did not pay any attention to me and ig- ‘‘concerned only with meeting official [popu- mented their experiences with forced steri- nored my protests. He placed the device in lation] targets.’’ lization at the hands of Mexican population me anyway. Researcher Padma Kodituwakku of the controllers, and an activist group claims to Afterwards, the chief physician of the clin- Colombo-based ‘‘Women and Media Collec- have gathered evidence of ‘‘thousands’’ more. ic told me he accepted responsibility for this tive,’’ produced the study which discovered ‘‘Women are being trampled. Their rights act. I could place a complaint after I left the the ‘‘dark side’’ to the government’s pro- are being trampled,’’ said Jorge Serrano clinic, he said, but that his actions were program to keep the country’s birth rate in Limon, director of Pro-Vida, the Mexican tected by law. He did not tell me which law check. Each of the sterilized women was paid group which has been investigating the or when it was issued. I asked him for his 500 Rupees—US $12.50—to undergo the sur- issue. ‘‘Sterilizing our population against its will name and he replied that he was Doctor gery, ‘‘ligation and resection of the [fallo- is a complete violation of human rights,’’ he Ildefornso Ramos Aguilar and that his office pian] tube.’’ Kodituwakku’s research revealed that the said. ‘‘We want to make an anguished appeal was in Morelia. He insisted that his doctors predominately Sinhalese speaking health to the President to stop this genocide,’’ he were authorized by law to place the devices workers used ‘‘subtle coercions’’ to force mi- said. ‘‘We can’t let it happen that after these and that the reason was to ‘‘protect’’ women. nority Tamil-speaking women to agree to campaigns we are going to have a sterile I had the IUD removed 40 days later, but the operation to foil the birth of their third Mexico.’’ only after great difficulty. I went to the clin- child. In every case investigated the woman Pro-Vida held a press conference in Mexico ic several times, asking to have it removed, was made to feel guilt for having so many City at which Rocio Garrido, a woman from but each time I was sent away under the ex- children; they were ‘‘ignorant and irrespon- the Puebla State, told of how she had been cuse that they did not thave the proper per- sible breeders’’ whose reproduction needed to threatened with sterilization when she went sonnel to do it, or did not have the right in- be curbed. to the hospital to deliver a baby. struments, or they had too many patients, or Rocia reported that she later discovered an some other excuse. I finally told them I BAD BLOOD IN THE PHILIPPINES? POSSIBLY Intra-Uterine Device had been inserted into would not leave the clinic until they re- TAINTED VACCINE MAY BE TIP OF THE ICEBURG her womb without her consent. Hospital moved it. Only then did they remove it. I did (By David Morrison) records back up her account. More than 40 not file a complaint against the clinic be- Philippine women may have been unwit- other women from Puebla state sued the cause the chief physician had told me that state health institute earlier this year for al- their actions were protected by law. tingly vaccinated against their own children, a recent study conducted by the Philippine legedly planting IUDs in them without their Medical Association (PMA) has indicated. consent or knowledge. Some claimed to have FAMILY PLANNING: POPULATION CONTROL IN been infected during the unauthorized proce- DRAG The study tested random samples of a tetanus vaccine for the presence of human dures. (By David Morrison) chorionic gonadotropin (hCG), a hormone es- A spokesman for the Mexican Ministry of Later that decade, according to the US sential to the establishment and mainte- Health denied any government campaign to Agency for International Development, the nance of pregnancy. force women to be sterilized. (Mexico forc- military government of Bangladesh em- The PMA’s positive test results indicate ibly sterilizing, Reuters, 11 October 1996.) ployed soldiers to round up women for IUD that just such an abortifacient may have insertions, besides threatening to withhold been administered to Philippine women BURN, BABY, BURN: QUINACRINE STERILIZA- schoolteachers’ wages unless they began without their consent. TION CAMPAIGN PROCEEDS DESPITE RISKS using contraception. Individual women who have lost children (By David Morrison) In the eighties, according to a British to miscarriage after accepting the anti tet- This interpretation is supported by the co- Broadcasting Corporation documentary, an- anus vaccine have already been found to ercion and dissembling that has surrounded other US-funded ‘‘family planning’’ organi- have antibodies to hCG. Dr.Vilma Gonzales quinacrine trials to date. zation used US tax dollars to mislead had two miscarriages after receiving the tet- The largest clinical trial of the drug has Bangladeshi and Haitian women about anus vaccine and became suspicious. She had taken place in Vietnam—a nation governed Norplant’s side-effects prior to insertion. her blood tested for anti-hCG antibodies and by a one-party dictatorship which is cur- Then, when the women became seriously ill, found, to her great sorrow, that these were rently making a concerted push to lower the removal was refused. present ‘‘in high levels.’’ As she later told a birth rate. Did Vietnamese women partici- During the same decade targets became British Broadcasting reporter: pate voluntarily in clinical trials, or were common. Twenty-five countries, ranging ‘‘Women should have been told that the in- they coerced? There are allegations, made in from the Philippines to El Salvador, set jection would cause miscarriage and, in the a Vietnamese language publication called monthly quotas for numbers of steriliza- end, infertility. The Department of Health The Woman, that at least 100 of the partici- tions. As they invariably do, these quotas led should have asked beforehand, so that only pants in the Vietnamese study had quin- to US women being sterilized without their those who didn’t want to have children had acrine inserted without their knowledge dur- consent or under false pretenses as workers the injection. I really hope and pray to God ing pelvic examinations. Faced with these scrambled to meet them. In Bangladesh, that I will still have a baby and get a normal and many other charges this study was sud- women whose families were driven from pregnancy. And I am still hopeful that the denly halted in 1993. their homes by flooding were told they would Department of Health will find an antidote There are also credible reports that ever- not receive international humanitarian as- to the antibodies as well.’’ growing numbers of women are being steri- sistance until they submitted to steriliza- The possibility that Philippine women lized without any standard drug trial pro- tion. were being covertly dosed with an abortifa- tocol at all.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5285 In Pakistan, for example, a Dr. Altaf printed in just three languages, English, noted in her medical chart so that medical Bashir of the Mother and Child Welfare Asso- French and Spanish. Although the devices personnel can reinforce her statement ciation in Faisalabad has reported sterilizing were destined for distribution in 42 coun- throughout her stay. women with quinacrine at the rate of 100 a tries, many of them Moslem and Asiatic, it If she says ‘‘I don’t know,’’ she is offered month. Most of the women were found in is highly unlikely that they were read by two choices: an intrauterine device, known ‘‘street camps’’ or were otherwise tracked more than a small number of people. as an IUD, or sterilization. No other options down and ‘‘motivated’’ by Bashir’s staff. When USAID officials asked whether are given. Because so many women did not return to Dalkon Shields could be safely inserted by None of the risks and complications of the clinics for the second insertion of the staff workers of remote family planning clin- these two methods are explained to her. drug Bashir took up a single insertion ap- ics, who would not have had the benefit of an Therefore the patient who agrees cannot be proach, even though much of the available American medical education, Robins replied said to have given her ‘‘informed consent.’’ research so far argues against a single inser- that was no problem. This was not what the The patient is also not asked her gyneco- tion being sufficient to cause complete ste- company had argued in the U.S., where it logical history. A history of repeated Popu- rility. An independent nurse practitioner customarily countered reports of adverse lation Research Institute Review 10 March/ who observed Bashir’s work had this to say medical reactions by blaming unqualified April 1997 vaginal infections, multiple sex about it: personnel, such as the occasional general partners, etc., are contraindications to the ‘‘Some patients are recruited at ‘street practitioner, for inserting the device. use of an IUD. But since there is no history camps’ and given little information or time Ravenholt approved the deal. Hundreds of taken these women are given IUDs regard- to fully understand and think about the im- shoe box-sized cardboard cartons, each filled less. plications of this type of procedure. Patients with 1,000 unsterilized Dalkon Shields paid If a woman refuses to submit to either an receiving treatment at regular clinic facili- for by the U.S. Treasury, left America’s IUD insertion or a tubal ligation, a steady ties receive a bit more information, but are shores bound for clinics in Paraguay, El Sal- stream of medical personnel, including doc- not informed that this method has not been vador, Thailand, Israel and 38 other coun- tors, nurses, and even social workers, pres- formally sanctioned for use in Pakistan. In- tries. The big Dalkon dump was on. sures her to choose one of the two options. sertions are primarily conducted by lady Altogether, USAID purchased and shipped This pressure steadily increases as the time health workers (not doctors) with limited more than 700,000 Dalkon Shields for use in of the delivery approaches. clinical skills necessary to rule out any un- the Third World. Slightly more than half of All this pressure occurs at a time when the derlying pathology. Essentially no follow up the Shields went to IPPF. The rest were pro- woman is extremely vulnerable. The pain of of these patients is conducted. The patient is vided to the Pathfinder Fund, the Population labor she is experiencing weakens her resist- told to ‘return if she has any problems.’ Council, and Family Planning International ance. I have seen women refuse to accept an Those that don’t return are assumed to have Assistance, all of whom were major grant re- no problems, no pregnancies, etc. There is no IUD or sterilization four or five times during cipients of USAID. mechanism established for follow up of these early stages of labor, only to give in when Although records are sparse and incom- patients.’’ the pain and the pressure becomes too in- plete, Pathfinder’s annual reports for fiscal tense. In this way the woman is subjected to THE CASE OF THE DALKON SHIELD years 1973 and 1974 disclose that it distrib- a form of torture, without actually having to uted at least 37,602 Dalkon Shield IUDs into (By James A. Miller) torture her. the following countries: Indonesia (500), Any women in the audience who have gone Government officials, A.H. Robins execu- Kenya (5,000), Nigeria (1,000), Tunisia (5,200), through labor will agree that this practice is tives and Pathfinder Fund administrators Dominican Republic (4,000), El Salvador inhuman. Labor is not the time to be coerced (among others) conspired in the early 1970’s (2,000), Haiti (350), Jamaica (1,000), and Ven- into making possibly irreversible decisions to dump hundreds of thousands of dangerous ezuela (5,000), Israel (500), Senegal (200), Indo- about childbearing, especially when the hus- unsterilized contraceptive devices—unmar- nesia (500), Tunisia (7,500), Mexico (1,152), band cannot participate. ketable in the United States—into the devel- Brazil (1,200), Chile (1,500), and Colombia The more children a woman has, the more oping world, according to a recent analysis (1,000). she will be pressured to submit to steriliza- of government and other documents. These Substantial but unknown quantities of tion. After the third child, the pressure to devices were Dalkon Shields. Shields were also shipped by Pathfinder to Robins’ international marketing director accept tubal ligation is very intense. India, Paraguay, Egypt, Singapore, and wrote to USAID to interest it in placing Why are the IUD and sterilization the only Thailand. Since the Dalkon dump of the ‘‘this fine product into population control options offered to women? Because these are early 1970’s passed without notice, there is programs and family planning clinics once-and-done procedures. They do not re- reason to be concerned that similar incidents throughout the Third World.’’ The deal was quire the continuing voluntary participation could happen in the future, perhaps with sweetened with a special discount: the com- of the women in question. No further visits Norplant. pany offered USAID the Shield in bulk pack- to the doctor are required. ages, unsterilized, at 48 percent off the The complaints of Mexican women suf- ‘‘MARIA GARCIA’’: I HAVE WITNESSED MANY standard price! fering from IUD side effects are frequently One of the greatest hazards associated with ABUSES ignored. Requests for removal are dismissed. the use of any IUD is the possibility of intro- I am a medical professional who has Recently, a woman came to a clinic where I ducing bacteria into the uterus. Accordingly, worked in Mexican hospitals for several was working to ask that her IUD be removed. all IUDs sold in the United States come in years. I am here today to tell you about the It had been inserted the previous month individual sterilized packages, with a sterile, devastating results of U.S. family planning after the birth of her baby. The doctor in disposable inserter for each device. The sale funding sent to Mexico. charge told her that the pain and abnormal of non-sterile IUDs would be highly irregular Here in the United States, family planning bleeding that she was experiencing would in the United States, and would probably re- is voluntary. But in Mexico, it is often lit- disappear within several months. He refused sult in product liability suits. erally forced on vulnerable women. I have to remove the IUD or even examine her. She Careful to preserve its image and to pro- witnessed many abuses. came back the following week, begging to tect itself legally, Robins emphasized that One common practice I have seen is co- have it removed. I took it upon myself to re- USAID could not distribute the nonsterile erced IUD insertion. This occurs when a move it. Infection was already apparent. Shields in the United States. A January 1973 woman is about to have a baby. When she This woman is now faced with the possibility Robins memo declared that the nonsterile comes to the hospital, she is separated from of further complications such as adhesions, form of Shields ‘‘is for the purpose of reduc- her husband. She is not allowed to see him pelvic inflammatory disease, or sterility se- ing price . . . [and] is intended for restricted from the time of the initial exam until she is rious side effects that may not be discovered sale to family planning/support organiza- discharged six hours after delivery. until later, if ever. tions who will limit their distribution to At the time of her initial exam, doctors Women have also been refused medical those countries commonly referred to as ask ‘‘Que vas a hacer para que no te treatment unless they allow themselves to ‘less developed.’ ’’ embarases otra vez?’’ ‘‘What are you going to be sterilized. I recently saw a pregnant Robins expected practitioners in such do so you don’t become pregnant again?’’ If woman with a painful umbilical hernia. countries to sterilize the Shields by the old- she answers, ‘‘I plan to have more children’’ When she came to the hospital to deliver her fashioned method of soaking them in a dis- or ‘‘I plan to use the Billings Ovulation baby, she wanted her hernia fixed at the infectant solution, a procedure which, in the Method,’’ this is not acceptable. The doctors time of delivery. The attending doctor re- U.S., would border on malpractice. Moreover, will continue to harass her throughout her fused to fix the hernia unless she agreed to Robins provided only one inserter for every labor and delivery until she says that she have a tubal ligation. In other words, the 10 Shields, thus greatly increasing the possi- agrees to use contraception or have a tubal threat of withholding medical attention was bility of infection. ligation. used to coerce her assent. The woman in- Robins included only one set of instruc- If she says that she is willing to use consisted that her husband did not want her to tions with every 1,000 Shields, and those were traception or have a tubal ligation, this is be sterilized. The doctor replied that her

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 5286 CONGRESSIONAL RECORD—HOUSE March 23, 1999 husband would never know. This conversa- USAID is the single biggest supporter and the pain and the pressure becomes too in- tion occurred in the delivery room just min- promoter of population control in Kenya. tense. In this way the woman is subjected to utes before her baby was born. Can you The programs it funds are implemented with a form of torture, without actually having to imagine her dilemma? Despite her desire for an aggressive and elitist ruthlessness. In torture her. more children, she agreed to be sterilized in Kenya the targets are always the poor and Any women in the audience who have gone order to receive much needed medical care. the illiterate who are pressured and tricked through labor will agree that this practice is What makes doctors and other medical into using dangerous drugs which are often inhuman. Labor is not the time to be coerced personnel willing to violate women’s rights banned in the west, or who are sterilized dur- into making possibly irreversible decisions and engage in substandard medical prac- ing childbirth without either their knowl- about childbearing, especially when the hus- tices? Because they risk losing their jobs if edge or consent. band cannot participate. they don’t conform. Those who refuse to per- If the funds you use to kill, maim, sub- The more children a woman has, the more form tubal ligations or involuntary IUD in- jugate, dominate and break us to nothing- she will be pressured to submit to steriliza- sertions are fired. ness were used to cultivate our extraor- tion. After the third child, the pressure to dinary resources, Kenya alone could feed accept tubal ligation is very intense. DR. STEPHEN KARANJA: HEALTH SYSTEM more than half the African continent. Dear Why are the IUD and sterilization the only COLLAPSED Americans, you cannot build your own secu- options offered to women? Because these are Our health sector is collapsed. Thousands rity on the insecurity and degradation of once-and-done procedures. They do not re- of the Kenyan people will die of malaria others. You cannot build your own wealth on quire the continuing voluntary participation whose treatment costs a few cents, in health the poverty and destitution of people in the of the women in question. No further visits facilities whose stores are stocked to the least developed nations. to the doctor are required. roof with millions of dollars worth of pills, The complaints of Mexican women suf- IUDs, Norplant, Depoprovera, most of which ‘‘MARIA GARCIA’’: I HAVE WITNESSED MANY fering from IUD side effects are frequently are supplied with American money. ABUSES ignored. Requests for removal are dismissed. Special operating theatres fully serviced Recently, a woman came to a clinic where I and not lacking in instruments are opened in I am a medical professional who has worked in Mexican hospitals for several was working to ask that her IUD be removed. hospitals for sterilization of women and It had been inserted the previous month some men. In the same hospitals, emergency years. I am here today to tell you about the devastating results of U.S. family planning after the birth of her baby. The doctor in surgery cannot be done for lack of basic op- charge told her that the pain and abnormal erating instruments and supplies. Most of funding sent to Mexico. Here in the United States, family planning bleeding that she was experiencing would the women are sterilized without even know- disappear within several months. He refused ing it is final. Some with only one child. is voluntary. But in Mexico, it is often literally forced on vulnerable women. I have to remove the IUD or even examine her. She Some are induced with financial assistance came back the following week, begging to to accept sterilization. Horrified sterilized witnessed many abuses. One common practice I have seen is co- have it removed. I took it upon myself to re- women now trot from hospital to hospital erced IUD insertion. This occurs when a move it. Infection was already apparent. looking for reversal of the tubal ligation. woman is about to have a baby. When she This woman is now faced with the possibility This is breaking marriages especially when comes to the hospital, she is separated from of further complications such as adhesions, the single child or two succumb to the myr- her husband. She is not allowed to see him pelvic inflammatory disease, or sterility se- iad tropical diseases with easy treatment from the time of the initial exam until she is rious side effects that may not be discovered that is not available. discharged six hours after delivery. until later, if ever. Millions of dollars are used daily to de- Women have also been refused medical ceive, manipulate and misinform the people At the time of her initial exam, doctors ask ‘‘Que vas a hacer para que no te treatment unless they allow themselves to through the media about the perceived good be sterilized. I recently saw a pregnant of a small family—while the infant mor- embarases otra vez?’’ ‘‘What are you going to do so you don’t become pregnant again?’’ If woman with a painful umbilical hernia. tality rate skyrockets. Some of this money When she came to the hospital to deliver her is not used to educate people on basic hy- she answers, ‘‘I plan to have more children’’ or ‘‘I plan to use the Billings Ovulation baby, she wanted her hernia fixed at the giene, proper diet or good farming methods time of delivery. The attending doctor re- that would be useful development, but it ap- Method,’’ this is not acceptable. The doctors will continue to harass her throughout her fused to fix the hernia unless she agreed to pears that the aim of population controllers have a tubal ligation. In other words, the is to decimate the Kenyan people. labor and delivery until she says that she agrees to use contraception or have a tubal threat of withholding medical attention was I am a practicing gynecologist in Kenya used to coerce her assent. The woman in- and I would like to share with you facts ligation. If she says that she is willing to use consisted that her husband did not want her to about some of the patients I see daily: be sterilized. The doctor replied that her A mother brought a child to me with pneu- traception or have a tubal ligation, this is husband would never know. This conserva- monia, but I had not penicillin to give the noted in her medical chart so that the med- tion occurred in the delivery room just min- child. What I have in the stores are cases of ical personnel can reinforce her statement utes before her baby was born. Can you contraceptives. throughout her stay. Malaria is epidemic in Kenya. Mothers die If she says ‘‘I don’t know,’’ she is offered imagine her dilemma? Despite her desire for from this disease every day because there is two choices: an intrauterine device, known more children, she agreed to be sterilized in no chloroquine, when instead we have huge as an IUD, or sterilization. No other options order to receive much needed medical care. stockpiles of contraceptives. These mothers are given. What makes doctors and other medical come to me and I am helpless. None of the risks and complications of personnel willing to violate women’s rights I see women coming to my clinic daily these two methods are explained to her. and engage in substandard medical prac- with swollen legs—they cannot climb stairs. Therefore the patient who agrees cannot be tices? Because they risk losing their jobs if They have been injured by Depoprovera, said to have given her ‘‘informed consent.’’ they don’t conform. Those who refuse to per- birth control pills, and Norplant. I look at The patient is also not asked her gyneco- form tubal ligations or involuntary IUD in- them and I am filled with sadness. They have logical history. A history of repeated Popu- sertions are fired. been coerced into using these drugs. Nobody lation Research Institute Review 10 March/ tells them about the side effects, and there April 1997 vaginal infections, multiple sex DR. STEPHEN KARANJA: HEALTH SYSTEM are no drugs to treat their complications. In partners, etc., are contraindications to the COLLAPSED Kenya if you injure the mother, you injure use of an IUD. But since there is no history Our health sector is collapsed. Thousands the whole family. Women are the center of taken these women are given IUDs regard- of the Kenyan people will die of malaria the community. The well-being of the family less. whose treatment costs a few cents, in health depends on the well-being of the mother. If a woman refuses to submit to either an facilities whose stores are stocked to the Why do you not stop this money being used IUD insertion or a tubal ligation, a steady roof with millions of dollars worth of pills, for contraceptives and use it instead to pro- stream of medical personnel, including doc- IUDs, Norplant, Depoprovera, most of which vide clean water, good prenatal and post- tors, nurses, and even social workers, pres- are supplied with American money. natal care, good farming methods and rural sures her to choose one of the two options. Special operating theatres fully serviced electrification. Do the American people This pressure steadily increases as the time and not lacking in instruments are opened in know that the millions of dollars spent for of the delivery approaches. hospitals for sterilization of women and population control are used in the ways I All this pressure occurs at a time when the some men. In the same hospitals, emergency have described? Why does your government woman is extremely vulnerable. The pain of surgery cannot be done for lack of basic op- not deal directly with our government but labor she is experiencing weakens her resist- erating instruments and supplies. Most of instead uses a third party like IPPF, which ance. I have seen women refuse to accept an the women are sterilized without even know- has no respect for the values of our people IUD or sterilization four or five times during ing it is final. Some with only one child. and our laws? early stages of labor, only to give in when Some are induced with financial assistance

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5287 to accept sterilization. Horrified sterilized government health workers used to induce That Peruvian medical workers under women now trot from hospital to hospital women to have tubal ligations. Not only did heavy pressure to meet sterilization quotas looking for reversal of the tubal ligation. they go house-to-house to round up can- should resort to coercion is hardly sur- This is breaking marriages especially when didates, but they paid repeated visits to prising. Knowing full well this danger, the the single child or two succumb to the myr- those who refused to comply. Mr. Durand 1994 Cairo Population Conference condemned iad tropical diseases with easy treatment says they reassured his wife that the oper- the use of quotas or targets in birth control that is not available. ation was ‘‘simple and quick,’’ adding that campaigns, an admonition Mr. Yong Motta Millions of dollars are used daily to de- she could ‘‘go dancing the same night.’’ and other Peruvian officials have now admit- ceive, manipulate and misinform the people Even though Mrs. Durand knew that the ted ignoring. through the media about the perceived good local health station was equipped with little Coercion takes various forms. First, there of a small family—while the infant mor- more than an examination table, pressure are repeated visits to the homes of holdouts. tality rate skyrockets. Some of this money from government health workers finally As one woman in La Quinta remarked, the is not used to educate people on basic hy- wore her down. On July 4, 1997, she reluc- workers came ‘‘day and night, day and night, giene, proper diet or good farming methods tantly underwent surgery. Two weeks later day and night to urge me to undergo the op- that would be useful development, but it ap- she died from complications. eration.’’ pears that the aim of population controllers Celia Durand was part of a massive steri- Various bribes and threats are also em- is to decimate the Kenyan people. lization campaign by the government of ployed. According to interviews in villages I am a practicing gynecologist in Kenya President Alberto Fujimori. It is a classic and press accounts in El Commercio, hungry and I would like to share with you facts case of the conflicts of interest and potential women are offered the opportunity to par- about some of the patients I see daily: for ethical violations inherent in a govern- ticipate in food programs, including pro- A mother brought a child to me with pneu- ment sponsored ‘‘family planning’’ program. grams supported by the U.S., if they agree to monia, but I had no penicillin to give the What was originally sold to Peruvians as an sterilization. Women already participating child. What I have in the stores are cases of altruistic program aimed at helping poor Pe- in food programs have been threatened with contraceptives. ruvian women has evolved into an orches- expulsion. Malaria is epidemic in Kenya. Mothers die trated attempt to control reproduction and Rural women report that no mention is from this disease every day because there is to meet a goal of fewer Indian children in the made of sterilization’s health risks. Nor are no chloroquine, when instead we have huge countryside. they given the opportunity to choose alter- stockpiles of contraceptives. These mothers In June 1995 Mr. Fujimori announced that native methods of family planning; indeed, come to me and I am helpless. his government would ‘‘disseminate thor- women using contraceptives have been re- I see women coming to my clinic daily oughly the methods of family planning to ev- fused additional supplies. There have even with swollen legs—they cannot climb stairs. eryone’’ in order to make ‘‘the women of been sterilizations performed on women They have been injured by Depoprovera, Peru . . . owners of their destiny.’’ What has without their consent, often during the birth control pills, and Norplant. I look at happened since belies Mr. Fujimori’s femi- course of other medical procedures. Victoria them and I am filled with sadness. They have nist sentiments. Espinoza of Piura has testified before a U.S. been coerced into using these drugs. Nobody Until October 1995, even voluntary steri- congressional committee that doctors at a tells them about the side effects, and there lization was illegal in Peru. With Mr. government hospital told her she was steri- are no drugs to treat their complications. In Fujimori’s backing, the Peruvian Congress lized—without warning or permission—dur- Kenya if you injure the mother, you injure legalized it. Soon the Ministry of Health, ing a Caesarean delivery. Her baby later the whole family. Women are the center of then headed by Eduardo Yong Motta, made died. Dr. Yong Motta attempts to defend the the community. The well-being of the family sterilization its main method of ‘‘family pressure tactics. ‘‘If the Ministry of Health depends on the well-being of the mother. planning.’’ did not do the campaign house-to-house, peo- Why do you not stop this money being used In a Jan. 29 interview with David Morrison ple would not come,’’ he asserts. As far as for contraceptives and use it instead to proof the Population Research Institute, Dr. the repeat visits are concerned, ‘‘It was a vide clean water, good prenatal and post- Yong Motta, now President Fujimori’s doctor’s responsibility to convince the pa- natal care, good farming methods and rural health adviser, defended the practice of tient into doing what was best and having [a electrification. Do the American people sterilizing women even if they had pre- tubal ligation]. Women in Peru have many know that the millions of dollars spent for viously been using other contraceptives such children.’’ population control are used in the ways I as the injectable Depo-Provera. ‘‘Depo costs too much,’’ Dr. Yong Motta said. ‘‘In addi- The U.S. has some responsibility for all have described? Why does your government this. It has been pushing population control not deal directly with our government but tion. . . . a women might forget to come in for her shot or might not want to.’’ (empha- in Peru for three decades. As congressional instead uses a third party like IPPF, which staffer Joseph Rees remarks, ‘‘We have en- has no respect for the values of our people sis added) By spring 1996 the Ministry of Health had riched, encouraged, and thus emboldened the and our laws? Ministry of Health to take decisive action USAID is the single biggest supporter and set national targets for sterilizations, and health workers were being given individual where population growth was concerned.’’ promoter of population control in Kenya. Dr. Yong Motta is more blunt, saying that The programs it funds are implemented with quotas. The ministry has been aggressively targeting poor women in rural areas—which the U.S. Agency for International Develop- an aggressive and elitist ruthlessness. In ment ‘‘is disqualified from objecting [to the Kenya the target are always the poor and the in practice means those of Indian or mixed descent—for sterilization. The medical direc- sterilization campaign] because they have illiterate who are pressured and tricked into been helping in the family planning program using dangerous drugs which are often tor of the Huancavelica region, for instance, ´ from the first.’’ banned in the west, or who are sterilized dur- ordered in a written communique that ‘‘named personnel have to get 2 persons for To understand how oppressive and intru- ing childbirth without either their knowl- sive Peru’s family-planning program is, edge or consent. voluntary surgical sterilization per month.’’ According to this directive. ‘‘At the end of imagine how you’d feel if someone from the If the funds you use to kill, maim, sub- Department of Health and Human Service jugate, dominate and break us to nothing- the year there will be rewards for the site that has . . . the greatest effort to bring in showed up on your doorstep bearing contra- ness were used to cultivate our extraor- ceptives—let alone an order to report for dinary resources, Kenya alone could feed people.’’ To meet these targets, mobile sterilization sterilization. Not all government-sponsored more than half the African continent. Dear family planning programs are this coercive. Americans, you cannot build your own secu- teams travel throughout the countryside, holding ‘‘ligation festivals’’ and practicing But there is an element of intrusiveness rity on the insecurity and degradation of common to them all. Instead of making poor others. You cannot build your own wealth on the kind of coercion that Celia Durand experienced. In many areas health workers re- women in Peru ‘‘owners of their destiny,’’ the poverty and destitution of people in the Mr. Fujimori’s birth control campaign least developed nations. ceive a bonus for each additional procedure, while they can lose their jobs if they fail to paternalistically decides their reproductive destiny for all time. [From the Wall Street Journal, Feb. 27, 1998] meet their quotas. As the Huancavelica directive notes, ‘‘At the end of the year each STERILIZATION HORROR STORIES IN PERU, WOMEN LOSE THE RIGHT TO CHOOSE person will be evaluated by the numbers of Bangladesh—Women receiving sterilization MORE CHILDREN patients captured.’’ and contraception were offered payment in- (By Steven W. Mosher) Dr. Yong Motta openly defends quotas. ‘‘Of centives of $3 each, plus a new saree. The When a government team held a ‘‘ligation course the campaign has targets. . . . [Suc- government also pays incentives to providers festival’’ to register women for sterilization cess is measured] through many methods, infor signing up women. Women consent to in La Legua, Peru, Celia Durand resisted. cluding numbers of acceptors versus non- sterilization out of desperation for food. According to Mrs. Durand’s now-widowed acceptors.’’ He admits the dangers of setting USAID endorses coercive incentives. husband, Jaime, the 31-year-old mother of targets, but insists that ‘‘the campaign has Honduras—USAID funds help implement three was appalled at the pressure tactics been a success.’’ coercive program for experiments with

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 5288 CONGRESSIONAL RECORD—HOUSE March 23, 1999 Ovrette, an unapproved contraceptive bill. that gave them a free sterilization that the Case of Reynalda Betalleluz (Huamanga)— Warnings about the experimental drug’s side women must buy expensive medications that died day after sterilization (La Republica, effects on nursing mothers were hidden from they cannot afford. Dec. 30, 1997) the women in the program. Medical experts have stated that the Case of Josefina Vasquez Rivera (Paimas)— India—Family planning programs depend deaths and complications are due primarily died day after sterilization (La Republica, on quotas, targets, bribes and coercion. to the poor sanitary and medical conditions Dec. 30, 1997) under which these operations are performed. USAID funds sterilizations using Quinacrine STERILIZATION WITHOUT KNOWLEDGE OR Feminist and campesino leaders as well as which is illegal in India and scars/burns the CONSENT fallopian tubes. Conditions are miserable at Church and human rights leaders within Example: Case of Victoria Espinoza the USAID funded sterilization camps, there Peru have denounced these campaigns. Recently, a prestigious independent Peru- (Piura). Sterilized following a C-section. are primitive, unsanitary conditions and ap- vian human rights watchdog organization, Baby also died. (Testimony on video) palling mortality rates. the ‘‘People’s Defender’’ recognized the va- Indonesia—Family planning clinics rely on FREE STERILIZATIONS, BUT PATIENT MUST PAY lidity of the human rights abuses and called FOR COMPLICATIONS threats and intimidation to bring women upon the government to immediately reform Numbers of newspaper articles reported into the clinics. Studies have shown that the program. IUDs are inserted at gunpoint. The programs The Peruvian government has denied the that women who suffered physical complica- employ life-threatening denials of treatment existence of a sterilization campaign and has tions were required to pay for their medica- and follow up care and offer an informed con- minimized the complications, but has indi- tions. Many reported there was no follow-up sent. cated it will make changes if necessary. by health workers. Kenya—Women are coerced into Norplant The involvement of U.S. funds in Peru’s FOOD IN EXCHANGE FOR STERILIZATIONS implantation and sterilization. Sterilized population control programs is currently Example: Case of Ernestina Sandoval women are denied health care for debili- being investigated by Congress. The chief (Sullana). She had been told by health work- tating complications. USAID is the biggest staff person of the U.S. House of Representa- ers that she could get free food by going to supporter of population control in Kenya. tives Subcommittee on International Oper- the local hospital. When she got there, she Mexico—Hundreds of forced sterilizations ations and Human Rights, Joseph Rees, re- was told she had to be sterilized in order to are documented. Medical personnel are fired cently returned from Peru following a fact- receive the food. She refused. She was told for their refusal to perform sterilizations. finding mission in January. Rees met with she could get the food this month, but that Women refusing sterilization are denied feminist, human rights, religious and gov- next month she should not come back unless medical treatment. ernment leaders as well as interviewing she was sterilized. (Testimony on video) Peru—Family planning programs are coer- numbers of victims. His official report to the Similar accounts of offering food in ex- cion, misinformation and quotas and steri- subcommittee, issued February 10, 1998, was change for sterilizations have been reported lization-for-food efforts. Medical personnel critical of USAID’s involvement in Peru’s in press accounts. must meet sterilization quotas and surgical family planning programming and rec- staff are insufficiently trained and work ommends that the U.S. ‘‘discontinue all di- UNDERWEIGHT CHILD WITHDRAWN FROM GOVT. under poor conditions. USAID sponsors fam- rect monetary assistance to the Government FOOD PROGRAM BECAUSE MOTHER REFUSED TO ily planning billboards signaling to Peruvian of Peru family planning programs until it is BE STERILIZED women that the family planning methods clear that the sterilization goals and related Example: Case of Maria Emilia Mulatillo employed are U.S. sanctioned. abuses have stopped and will not resume.’’ (Sullana). Her 2 year-old daughter was par- Philippines—USAID targets local govern- The report also calls for the U.S. to ‘‘dis- ticipating in a government food program, ments with quotas as a condition for funding continue in-kind assistance’’ which might di- but after about two months, Maria was told and encourages pharmaceutical companies rectly or indirectly facilitate the steriliza- she should be sterilized. She said she didn’t to push contraceptives on unsuspecting Fili- tion campaigns, and to ‘‘publicly’’ disasso- want to be, yet the pressure on her contin- pinos. Women are secretly injected with ciate itself from the campaigns. ued, till finally she was told if she didn’t get abortifacient while receiving tetanus vac- Zidler called on all those interested in sterilized her child would be withdrawn from human rights to contact both Congress and cines. the program. She still refused to be sterilized the President to urge them to publicly de- and her child was then withdrawn from the TEXT FROM EMAILED ARTICLES AND OTHER nounce these abuses to the government of TEXTUAL EXCERPTS program. (Testimony on video) Peru and to immediately suspend US popu- In order to get women to accept steriliza- [From the Latin American Alliance for the lation funds to Peru. tion, health workers told women their con- Family—Press Release, Feb. 11, 1998] traceptive would no longer be available and FACT SHEET NO. 1 U.S. GOVERNMENT ASKED TO WITHDRAW POP- they should get sterilized. (La Quinta) ULATION CONTROL FUNDS FROM PERU FOL- SOME OF THE DEATHS RESULTING FROM YOU CAN’T LEAVE THE HOSPITAL UNLESS LOWING REPORTS OF MASSIVE HUMAN STERILIZATIONS YOU’RE ON BIRTH CONTROL RIGHTS ABUSE Case of Juana Gutierrez Chero (La Quinta, Example: Case of Blanca Zapata Aguirre Amid ever-increasing evidence docu- Piura, Peru)—died at home approximately 10 (Sullana). After giving birth she was told she menting coercive government population hours after being sterilized; according to her had to have some type of birth control. She control efforts and sterilization campaigns husband she did not want to be sterilized, said she didn’t want anything, but she was in Peru, the Latin American Alliance for the but the health workers kept coming to their given a shot when she was sleeping. She was Family (ALAFA) has called for the U.S. gov- house repeatedly to encourage her to be later told it was for birth control. (Testi- ernment to withdraw its financial support sterilized. Once she even hid from them. They came for her one day after her husband mony on video) Peru’s government manual for Peru’s population control efforts which had left for work. They sent her home short- ‘‘Reproductive Health and Family Planning have resulted in the deaths and injury of ly after the operation. When her husband re- 1996–2000’’ calls for 100% birth control usage numbers of Peruvian women, mostly in very turned from work he found her very ill and by women who have just given birth. poor areas of the country. in bed; he went off to the clinic to see if he Charges of health workers go house to Daniel Zeidler, director of the U.S. office could get help, but no one was there; Juana house, and then back, and back again push- of the Latin American Alliance for the Fam- died that night at home about 2 am. (Testi- ing sterilization are common. ily, an international advocacy organization, mony on video) Health workers are reportedly pressured to following its own investigative efforts in Case of Celia Ramos Durand (La Legua)— meet their goals. Peru, said ‘‘Peru’s population program is se- died about two weeks after undergoing a Some Health workers received 15–30 soles riously violating human rights by pressuring sterilization to which both she and her hus- per sterilized woman (US $6–$12) according to and coercing poor women to be sterilized. band consented after being told it was a sim- Giulia Tamayo of Flora Tristan feminist or- Reports and testimonies abound of women ple operation. According to the family, when ganization. (La Republica, Dec. 30, 1997) being offered food in exchange for agreeing she didn’t return home from the clinic, the to be sterilized, health workers being pres- family went to look for her and were told she FACT SHEET NO. 2 sured to reach government sterilization had been transferred to a hospital. They LOTS OF NEWS COVERAGE IN PERU goals, women being sterilized without their later found out she had gone into a coma as consent or without full knowledge of the im- a result of the operation. (Testimony on 16 major newspaper articles including num- plications.’’ video.) bers of investigative reports over a period of Numbers of women have died following Case of Magna Morales Canduelas about one month (mid-Dec ’97 to mid Jan ’98) sterilization procedures. Many women com- (Tocache)—died 12 days after being steri- in the major newspaper EL COMERCIO. plain that after receiving a free sterilization lized. (El Comercio, Dec. 19, 1997) Other major newspapers also had significant they suffer serious medical complications Case of Alejandrina Tapia Cruz (Cajacay)— coverage.) ALAFA has copies of many of and many times are not treated or are told died one week after a sterilization operation. these articles. It is impressive just to see the by representatives of the same health system (La Republica, Dec. 7, 1997) quantity of articles written.

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SELECTED NEWSPAPER HEADLINES FROM EL agencies in the name of empowering women, Common among NGOs, particularly in con- COMERCIO, DEC., ’97–JAN., ’98 improving health conditions, and preserving troversial issues involving family planning, ‘‘Nurses Deceived Women in Order to Steri- the environment. is a practice of ‘‘stripping off’’ portions of a lize Them’’ (El Comercio, Jan. 26, 1998). At the behest of the UN Family Planning large grant to other organizations, in effect ‘‘Widowers Were Paid Not to Denounce Association (UNFPA) and international subcontracting services in a way that makes Deaths of Sterilized Wives’’ (El Comercio, groups including Marie Stopes, the Inter- following the money a challenge. More com- Jan. 24, 1998). national Planned Parenthood Federation mon, contraceptive programs reside in pro- ‘‘Woman hospitalized for 3 months due to (IPPF), and others, Kenya is embarking on grams with blander names. infection caused by sterilization’’ (El an aggressive family planning program. The Thus, even when the Christian relief orga- UNFPA was denied funding by the United nization World Vision surveyed its health of- Comercio, Dec. 24, 1997). States from 1985 until 1993 for support of Chi- ficers worldwide on family planning issues ‘‘They sterilized woman who was one na’s coercive one-child policy. Its allocation last year, it found: ‘‘All responding NOs [na- month pregnant’’ (El Comercio, Dec. 23, from Washington restored in 1993 by the tional offices] are engaged in some type of 1997). Clinton administration, the UNFPA is in the family planning—related activity, either as ‘‘Woman received clothes for her children middle of a five-year, $20 million program to a straightforward family planning or repro- in exchange for sterilization’’ (El Comercio, control Kenya’s population. Not content ductive health project or buried within child Dec. 23, 1997). with the dramatic reduction in Kenya’s birth survival, maternal health or women’s health ‘‘Food Programs Used to Get Women to be rate—which modern contraceptives already activities.’’ Sterilized’’ (El Comercio, Dec. 20, 1997). have achieved (from 8 children per woman in As a result of the contraceptive campaign, ‘‘They Deceived Me’’ (Nurse comes to wom- 1979 to just over 4 children per woman Nairobi residents are streetwise about birth an’s house after husband had left for work today)—the UNFPA and others are looking control. Women who wear Norplant are and told the woman that her husband had to reduce fertility further, to 2 children per teased on city buses for the ‘‘battery pack’’; said she should be sterilized; woman refused woman by 2010. the six-capsule implant, just inside a wom- to believe it, and refused to go; when her ‘‘We have a two-child policy except in en’s upper arm, is revealed when a woman husband returned he denied he had told the law,’’ said Margaret Ogola, a Nairobi physi- reaches for an overhead strap during crowded nurse that.) (El Comercio, Dec. 20, 1997). cian. ‘‘Practically the only kind of health commutes. ‘‘Children of Woman Who Died Following a care you get in this country centers on re- Shoppers at Kenyatta, a busy nexus be- Tubal Ligation Are in Total Abandon’’ (El productive health and family planning.’’ tween the slum area of Kibera and lower-to- Comercio, Dec. 19, 1997). UNFPA papers refer to a ‘‘decentralized’’ middle class neighborhoods near the down- ‘‘Magna Morales Wasn’t Sure, But the Do- national population policy driven by the town area, know where to go for an abortion. nated Food Convinced Her’’ (El Comercio, Kenyan government’s National Council for They know about the ‘‘copper T’’ and ‘‘the Dec. 19, 1997) (Magna Morales died 12 days Population and Development. But local di- loop,’’ two different kinds of IUDs. And, like later following her sterilization.) rection is not the case, according to Dr. people everywhere, they dismiss much-tout- SOME OF THE INTERNATIONAL COVERAGE Ogola, who, as a representative for Kenya’s ed condoms as impractical. LeMonde. Catholic Secretariat, is involved in regular Even Christian women looking for Miami Herald, consultations with NCPD. Funding for the inexepensive, safe, and acceptable contracep- Assoc. Press. NCPD, as for all Kenya’s population projects, tives may be unknowingly referred to Marie France Press(?). begins with funding from UNFPA, the World Stopes, because it has been known to do Radio Nederland. Bank, the World Health Organization, and some procedures, like tubal ligation, free of BBC. overseas developers like the State Depart- charge. The London-based organization ment’s U.S. Agency for International Devel- gained a reputation for increasing the avail- [From World, Feb. 20, 1999] opment (USAID). ability of both sterilization and abortion IT TAKES MORE THAN A VILLAGE TO From those sources also flow grant and services in Bosnia and Croatia, countries DEPOPULATE ONE contract awards to groups like Marie Stopes that now report negative fertility rates. SPECIAL REPORT FROM INSIDE KENYA’S TWO- and to Kenya’s IPPF affiliate, Family Plan- In addition to performing actual abortions, CHILD POLICY: CONTRACEPTIVE FAMILY PLAN- ning Association of Kenya (FPAK). USAID Marie Stopes and other clinics, along with NING AND ABORTION ADVOCACY MARK THE does not list Marie Stopes as one of its bene- up to 90 percent of private OB-GYNs, peddle KIND OF ‘‘RELIEF’’ INTERNATIONAL RELIEF ficiaries, but FPAK received direct funding an abortifacient procedure called ‘‘menstrual ORGANIZATIONS ENERGETICALLY IMPORT TO by USAID until 1997, according to FPAK di- regulation.’’ Similar to what is known in the EAST AFRICA rector Stephen K. Mucheke. Mr. Mucheke United States as dilation and curettage told WORLD, ‘‘We work in collaboration (D&C), in Kenya menstrual regulation can be (By Mindy Belz) with other organizations, and sometimes we performed as an office or clinic procedure. It A large, dusty sign hovering over the used- may be funded by the same donor that is is done when a woman misses a menstrual clothing stalls of Kenyatta Market reads, funded by USAID. We share the same im- period but without benefit of a pregnancy ‘‘Marie Stopes International—family plan- plicit plans.’’ test. No one knows how many abortions re- ning/laboratory services, maternal health, A little noticed amendment to last year’s sult from menstrual regulation. Even with- counseling services, curative services, gyne- congressional budget bill should have put out that tally, in Kenya, according to UN cological consultation.’’ Steps beckon to a U.S. funding for UNFPA’s quota-based pro- statistics, ‘‘40 percent of all documented second-floor clinic. It offers extended hours, gram out of bounds. The Tiahrt amendment schoolgirl pregnancies terminate in abor- six days a week, and the door is always open. forbids U.S.-funded family planning pro- tion.’’ Inside, an American woman can inquire grams from setting targets or quotas for But none of it means that women who need about receiving an abortion, if she will be number of births, sterilizations, or contra- help are well informed, according to Stephen discreet. ‘‘Do you have all forms of family ceptive prevalence. Karanja, a long-time Nairobi gynecologist. planning here, or do you refer patients to a Abortion, according to Mr. Mucheke, ‘‘is Dr. Karanja, a Roman Catholic, served as hospital or somewhere else?’’ happening down the street. . . . From an offi- secretary of the Kenya Medical Association ‘‘Yes, all forms,’’ replies a friendly African cial point of view, I am not supposed to say and has practiced obstetrics and gynecology receptionist. that there are groups like Marie Stopes per- at Kenyatta National Hospital, Nairobi’s ‘‘If a person were pregnant, but wasn’t sure forming abortions. What I would say is, if largest public facility, as well as at Mather she could go through with it . . .’’ you want to know about products and proce- Hospital, a smaller, private, and Catholic fa- ‘‘You have to just say what it is you dures, ask a consumer.’’ cility. Dr. Keranja helped organize the city’s want,’’ the receptionist interjects, leaning In the UN lexicon, so-called private groups Family Life Counseling Center and has been into the counter and lowering her voice. like FPAK are referred to as NGOs, or non- an activist in upholding Kenya’s law banning ‘‘Could a pregnancy be terminated or governmental organizations. The NGO con- abortion. In 1992 he opened a clinic at would that have to be done somewhere else?’’ sensus holds that most of the problems in Kenyatta Market—50 yards from the en- ‘‘It can be done here.’’ the developing world can be solved with trance to Marie Stopes. He named it St. Mi- Never mind that abortion in Kenya is ille- more contraceptives. Private pharma- chael’s, in honor of the patron saint that gal. Overseas charity organizations like the ceutical companies also get a piece of the ac- does battle with forces of evil. British organization Marie Stopes are the tion by contracting with NGOs and govern- Most of the women Dr. Karanja sees at St. van-guard in changing Kenya’s cultural reti- ment agencies to supply the contraceptives. Michael’s have been given no information cence to killing unborn babies and limiting Groups like IPPF, which cried foul when and little follow-up in connection with the family size. They use enticing come-ons pro- U.S. judges tried to force Norplant on con- methods of birth control they are using. Last moting ‘‘maternal health’’ and ‘‘comprehen- victed drug users and child abusers, don’t year at the clinic, he removed approximately sive family planning.’’ In East Africa and have a problem when it is women in the de- 200 IUDs. other developing regions of the world, they veloping world under not government coer- ‘‘Word of mouth has spread, and when receive outsized budgets from multilateral cion, but their persuasion. women begin to have problems with IUDs,

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 5290 CONGRESSIONAL RECORD—HOUSE March 23, 1999 someone tells them to go to ‘that crazy man and scared, that they can never again grams should be completely voluntary. on the hill and he will remove it,’ ’’ he said. bear more children? Well, we have seen Help maintain the dignity of women He keeps a sampling of those reclamations the evidence, and that is why it is im- around the world. in a screwtop jar, and when he wants to give portant for Congress to speak up about Mr. GEJDENSON. Mr. Speaker, I a graphic depiction of how women are served by Nairobi birth control providers, he spills this today. yield back the balance of my time. the jar’s contents across his desk. To a For instance, in Peru, what has popu- Mr. CHABOT. Mr. Speaker, I yield trained medical eye, the devices are lation control come to mean? Edu- myself such time as I may consume. throwbacks, copper coiled or loop-shaped cation? Money to buy clean sanitary Mr. Speaker, we would urge adoption IUDs that were taken off the U.S. market at medical conditions? Even lessons about of the resolution. I think it is a very least five years ago. The T-shaped devices potential contraception? good resolution. I want to again thank had an extremely high failure rate; another No. Instead, population control and the gentleman from Kansas (Mr. IUD, copper 385, contained enough copper family planning has come to mean TIAHRT) for proposing it. wire to be deadly toxic to a developing, tiny unborn child. forced, mandatory and coerced steri- Ms. JACKSON-LEE of Texas. Mr. Speaker, Dr. Karanja’s patients tell him, in most lization of poor Peruvian women. today I join my colleagues in support of House cases, that the birth-control clinics that in- Have these women chosen such paths Resolution 118, which reaffirms the principles serted the devices are not willing to remove for their reproductive futures? Have of the Programme of Action of the Inter- them. ‘‘The services encouraged for poor they been able to discuss options with national Conference on Population and Devel- women are those that are not repetitive,’’ he their husbands and families? opment. This Programme of Action addresses said. ‘‘They are not something the women No. Without notification and without the sovereign rights of countries and the rights can decide themselves to change.’’ consent, the international community of informed consent in family planning pro- Catholics and evangelical Protestants disagree on where to draw the line on contra- has strayed from voluntary family grams. ceptives. Both, however, see the pitfalls of a planning and is instead actively pur- This resolution states that all family planning national family planning plan. ‘‘In our cul- suing targets and quotas and deciding programs should be voluntary and completely ture, that is why the message and the mes- for poor women what is best for them. informative on the various planning methods. senger have to go together. The church is In Peru, as in many other locations Informed consent and voluntary participation still custodian of morality in Africa. These around the globe, this has resulted in are essential to the long-term success of any are deep-seated issues, and people need to be sterilizations, sterilizations in filthy, family planning program. able to trust the messenger,’’ said Peter primitive conditions, just to meet a Family planning programs are an essential Okaalet, Africa director of MAP Inter- mandated quota. national, a Christian medical relief group part of reproductive health care. Each year an based in Brunswick, Ga. Similarly, in the BBC documentary estimated 600,000 women die as a result of ‘‘NGO work has come into acceptance be- ‘‘The Human Laboratory,’’ women told pregnancy and childbirth most in developing cause the government has let us down,’’ Mr. their stories about how U.S. taxpayer countries, where pregnancy and giving birth Okaalet told WORLD. ‘‘We talk about Kenya dollars were being used for family plan- are among leading causes of death for women as a country with 10 millionaires and 10 mil- ning in Bangladesh, in Haiti. One of childbearing age. lion beggars. With half the population living woman begged to have a Norplant re- With the current world population at over 5 below the poverty line, NGOs are perceived moved. She said, quote, ‘‘I am having billion and growing, we must support inter- as an answer.’’ Dr. Ogola agrees: ‘‘No individual, not even so many problems. I am confined to bed national family planning programs. Women in combined force of the churches—and it is a most of the time. Please remove it. My under-developed countries must have access force to be reckoned with in this country— health broke down completely.’’ She to information that will allow them to make in- can compete with the massive propaganda eventually resorted to pleading, ‘‘I am formed reproductive health decisions con- and funding. The government has to wake up dying, please help me get it out.’’ cerning contraception and the spacing of their to the fact that its people are important and Here was the response. The clinic children. its policies have to be home-grown. worker told her, quote, okay, when you In supporting this Programme of Action, we ‘‘We have to tell the government to resist. die, you inform us and we will get it support international reproductive health serv- That is very hard when the government is broke and the donors are offering millions out of your dead body, end quote. ices and the sovereign right of other countries for family planning.’’ Many other women have complained to make decisions concerning the well-being of severe bleeding, blindness, migraine of their citizens. b 1330 headaches. According to Farida Mrs. LOWEY. Mr. Speaker, I am pleased Mr. CHABOT. Mr. Speaker, I yield 4 Akhter, executive director of the Re- that the resolution we are debating today minutes to the gentleman from Penn- search for Development Alternatives in quotes from the Programme of Action of the sylvania (Mr. PITTS). Bangladesh, quote, it is cheaper to use International Conference on Population and Mr. PITTS. Mr. Speaker, I rise today Third World women for such birth con- Development. As many of my colleagues in support of House Resolution 118, a trol experimental devices and methods know, the ICPD met in 1994 and reached a resolution to reaffirm that this Con- than to use an animal in the labora- consensus on a 20-year Programme of Action gress is committed to the principle tory in the West, end quote. that makes an unprecedented commitment to that all family planning, both in the Through such grossly unjust experi- women’s rights and concerns in international United States and, as we are addressing mentation, poor women have been population and development activities. in this resolution, abroad should be robbed of the most important resource I applaud my colleagues for supporting the voluntary. they have, their own healthy bodies. A implementation of the Programme of Action. It is critical that we affirm this com- woman’s health is key to the survival But since the authors of this resolution left out mitment to voluntary family planning of her entire family in many of these a good portion of the Programme. I’d like to fill because even this week there is a gath- countries, and this must come to an in our colleagues about the rest of it, because ering at the United Nations to discuss end. it also deserves our strong support. a 5-year review of family planning and In the name of population control The Programme of Action calls for universal population development progress since and under the guise of family planning, access to a full range of basic reproductive the same Cairo conference 5 years ago. America and the United Nations have health services. It also calls for specific meas- Since this conference 5 years ago, we exported horror to women abroad. And ures to foster human development, with par- have heard some disturbing accounts of our family planning advocates call this ticular attention to the social, economic, and women around the world becoming vic- progress? health status of women. It supports integrating tims of coercion by agents of the Mr. Speaker, we should be calling it voluntary family planning activities with other United Nations. These women’s choices by the most descriptive and accurate efforts to improve maternal and child health to are being limited against their will. term that it is: Slavery. make the most effective use of our limited re- Is this what so-called population con- I urge my colleagues to join in sup- sources. trol advocates really want, to tell port of the Tiahrt resolution today. Re- The resolution we are debating here today these women, many of whom are poor affirm that all family planning pro- discusses the need to respect the religious

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00048 Fmt 0688 Sfmt 9920 E:\BR99\H23MR9.001 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5291 and cultural realities of the countries in which Whereas it is carefully documented that the establishment of the rule of law for the we fund family planning activities. I agree. I the Government of Cuba propagates and en- Cuban people; and also believed that we need to respect the courages the routine harassment, intimida- (7) urges the President to continue to action, arbitrary arrest, detention, imprison- tively seek support from individual nations, rights of women around the world to make ment, and defamation of those who voice as well as the United Nations, the Organiza- free and informed choices about their own re- their opposition against the government; tion of American States, the European productive health. And we need to help edu- Whereas the Government of Cuba engages Union, and all other international organiza- cate women and men to ensure that they have in torture and other cruel, inhumane, and tions to call for the establishment of the rule the information and resources they need to degrading treatment or punishment against of law for the Cuban people. stay strong and healthy and to nurture healthy political prisoners including the use of elec- The SPEAKER pro tempore. Pursu- children. troshock, intense beatings, and extended periods of solitary confinement without nutri- ant to the rule, the gentlewoman from In addition to supporting the portions of the tion or medical attention, to force them into Florida (Ms. ROS-LEHTINEN) and the Programme of Action included in the resolu- submission; gentleman from Connecticut (Mr. tion we are debating today, the United States Whereas the Government of Cuba sup- GEJDENSON) each will control 20 min- also must live up to the financial commitments presses the right to freedom of expression utes. it made at the ICPD. and freedom of association and recently en- The Chair recognizes the gentle- To reach the Programme’s year 2000 goal acted legislation which carries penalties of woman from Florida (Ms. ROS- up to 30 years for dissidents and independent of providing $17 billion for international family LEHTINEN). journalists; programs worldwide—one-third of which would Whereas religious freedom in Cuba is se- GENERAL LEAVE come from donor countries like the United verely circumscribed and clergy and lay peo- Ms. ROS-LEHTINEN. Mr. Speaker, I States—the United States would have to triple ple suffer sustained persecution by the ask unanimous consent that all Mem- its international family planning assistance. Cuban State Security apparatus; bers may have 5 legislative days within Mr. Speaker, I am pleased that the authors Whereas the Government of Cuba routinely which to revise and extend their re- of this resolution support the ICPD’s Pro- restricts workers’ rights including the right marks on H. Res. 99. gramme of Action. Now I look forward to work- to form independent unions; The SPEAKER pro tempore. Is there ing with them to implement all aspects of the Whereas the Government of Cuba denies its people equal protection under the law, en- objection to the request of the gentle- Programme. forcing a judicial system which infringes woman from Florida? Mr. CHABOT. Mr. Speaker, I yield upon fundamental rights while denying re- There was no objection. back the balance of my time. course against the violation of human rights Ms. ROS-LEHTINEN. Mr. Speaker, I The SPEAKER pro tempore (Mr. and civil liberties; yield myself such time as I may con- BASS). The question is on the motion Whereas in recent weeks the Government sume. offered by the gentleman from Ohio of Cuba has carried out a brutal crackdown Mr. Speaker, I rise in support of of the brave internal opposition and inde- (Mr. CHABOT) that the House suspend House Resolution 99, a resolution dependent press, arresting scores of peaceful tailing the systematic violations of the rules and agree to the resolution, opponents without cause or justification; House Resolution 118. Whereas the internal opposition in Cuba is human rights by the Castro regime; a The question was taken; and (two- working intensely and valiantly to draw resolution rendering our unwavering thirds having voted in favor thereof) international attention to Cuba’s deplorable support to the dissidence and internal the rules were suspended and the reso- human rights situation and continues to opposition in Cuba; a resolution that lution was agreed to. strengthen and grow in its opposition to the restates the U.S. commitment to free- A motion to reconsider was laid on Government of Cuba; dom, to democracy in Cuba; a resolu- Whereas at this time of great repression, the table. tion which calls for further U.S. and the internal opposition requires and deserves international resolve against the op- f the firm and unwavering support and solidarity of the international community; pression and subjugation of the Cuban SENSE OF HOUSE REGARDING Whereas the Congress of the United States people. HUMAN RIGHTS IN CUBA has stood, consistently, on the side of the As the U.S. delegation begins its Ms. ROS-LEHTINEN. Mr. Speaker, I Cuban people and supported their right to be work in Geneva for the 55th session of move to suspend the rules and agree to free: Now therefore, be it the United Nations Human Rights Resolved, That the House of Representa- Commission, Mr. Speaker, it is impera- the resolution (H. Res. 99) expressing tives— the sense of the House of Representa- (1) condemns in the strongest possible tive that they be empowered by the tives regarding the human rights situa- terms the repressive crackdown by the Gov- passage of this resolution, which is a tion in Cuba, as amended. ernment of Cuba against the brave internal bipartisan effort and a bipartisan mes- The Clerk read as follows: opposition and the independent press; sage that the United States Congress (2) expresses its profound admiration and cannot be silent on this issue and will H. RES. 99 firm solidarity with the internal opposition not tolerate the abuses inflicted by the Whereas the United Nations Commission and independent press of Cuba; Castro regime against its own citizens. on Human Rights in Geneva, Switzerland, is (3) demands that the Government of Cuba This message we hope will be heard an international mechanism to express sup- release all political prisoners, legalize all po- port for the protection and defense of the in- litical parties, labor unions, and the press, and received by the international com- herent natural rights of humankind and a and schedule free and fair elections; munity as a call to action against the forum for discussing the human rights situa- (4) urges the Administration, at the 55th deplorable human rights situation in tion throughout the world and condemning Session of the United Nations Human Rights Cuba. There is never a wrong time to abuses and gross violations of these liberties; Commission in Geneva, Switzerland, to take condemn abuses inflicted upon our fel- Whereas the actions taken by the United all steps necessary to secure international low human beings. It is always correct Nations Commission on Human Rights estab- support for, and passage of, a resolution to speak out against injustice. There is lish precedents for further courses of action which condemns the Cuban Government for and send messages to the international com- its gross abuses of the rights of the Cuban never a wrong time to underscore the munity that the protection and promotion of people and for continued violations of all plight of hundreds of thousands of po- human rights is a priority; international human rights standards and litical prisoners or to underscore wide- Whereas the Universal Declaration of legal principles, and calls for the reinstate- spread cases of torture, of executions, Human Rights which guides global human ment of the United Nations Special of disappearance, of intimidation, of rights policy asserts that all human beings Rapporteur for Human Rights in Cuba; persecution, of forced exile throughout are born free and live in dignity with rights; (5) declares the acts of the Government of the four decades that Cuba has been Whereas international human rights orga- Cuba, including its widespread and system- under the brutal totalitarian dictator- nizations, the Inter-American Commission atic violation of human rights, to be in vio- on Human Rights, and the Department of lation of the charter of the United Nations ship. State all concur that the Government of and the Universal Declaration of Human It is not only our moral obligation Cuba continues to systematically violate the Rights; but the duty of the United States as a fundamental civil and political rights of its (6) urges the President to nominate a spe- global leader and a vanguard of democ- citizens; cial envoy to advocate, internationally, for racy.

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My dear colleagues, the Castro re- brothers, I believe that we should not from New Jersey (Mr. MENENDEZ) for gime has not changed. Let us not allow fear the shadows because their pres- purposes of control. ourselves to be fooled by the facade ence means that a light shines from a The SPEAKER pro tempore. Is there created by the regime and its apolo- place not far away. Our struggle for objection to the request of the gen- gists. As Juan Tellez Rodriguez, inde- our Nation’s democratization already tleman from Connecticut? pendent Cuban journalist for the Free- has been marked by this imprisonment. There was no objection. dom Agency, said earlier this year, We have endured and passed the dif- Mr. GEJDENSON. Mr. Speaker, I rise ‘‘The government in Havana continues ficult test that will make us more per- in strong support of this resolution, to close itself off to the world. It in- sistent in our demands. and commend my colleagues from Flor- sists on its closed, oppressive political ‘‘I will be convinced of our cause’s ida and New Jersey for their leadership system. It does not even open up to its justice to my last breath. Even if we effort here. own people who suffer and die slowly.’’ are sent to our deaths,’’ she writes, ‘‘we As bad as our entire Cuba policy is, Indeed, it seeks to silence the inde- already have made a mark in life and this is a resolution that makes sense. pendent voices on the island because it we always will be a symbol to all of the The four dissidents should never have realizes the power of the human spirit, world of repression, despite the laugh- been arrested in any way, and I join my of what individuals can accomplish able defamation to which we have been colleagues in condemning the Cuban when they are able to exercise their subjected to by this regime.’’ government for their continued failure natural rights. From her jail cell, Marta Beatriz to recognize what are internationally He goes on to say the Castro regime Roque closes her letter to her fellow accepted standards for human rights. understands all too well the meaning of dissidents by saying, ‘‘May God permit Cuba is a country without a free President Ronald Reagan’s words when us to be together forever in the strug- press, without free labor unions, with he said, ‘‘No arsenal and no weapon in gle.’’ no independent judiciary and no free- the arsenals of the world are so formi- With the sentencing of these four dis- dom of association. We might want to dable as the will and moral courage of sidents, Marta Beatriz, Felix, Rene and take our lead, though, for a general free men and women.’’ Vladimiro, the Castro regime thought policy from the Catholic church, and So the Castro regime continues to that it would intimidate the internal that is that engagement can pay better use any method, any strategy, any ac- opposition into silence and submission. dividends than the present confrontation to stifle freedom of expression in Assuming it could stifle the struggle tion which now goes on for better than an attempt to undermine the Cuban for freedom and muzzle self expression 30 years. people’s struggle for liberty and de- of the people, the regime believed that In that 30 years, I think Fidel Castro mocracy in their island nation. it would be able to continue manipu- has been able to use the embargo as an One of the most recent examples il- lating public opinion in its favor in excuse for his failed policies and police lustrating the repressive nature of the order to generate greater commercial state. Nothing will bring down Castro’s Castro dictatorship is the imprison- ventures with foreign investors and government faster than direct contact ment, the trial and the sentencing of governments that would help prolong with Americans on a daily basis. I believe this resolution is right be- Cuba’s best known dissidents, and they its hold on power. appear for our colleagues in the posters Perhaps others could turn a blind eye cause we need to speak out every time right in front of the well. Marta to the words of Marta Beatriz and Castro tries to slam the door on free- Beatriz Roque Cabello, Felix Bonne other dissidents; to the articles by dom and of expression in his country. Carcases, Rene Gomez Manzano and independent journalists which docu- b 1345 Vladimiro Roca Antunez. These four ment the human rights abuses and the But I think the policy is wrong, be- brave Cubans were arrested in 1997 violations of civil liberties. The U.S. cause it gives Castro cover. We ought after petitioning the regime for imme- Congress, however, could not and must to join together and do what we did in diate reforms and publishing a pam- not. the former Soviet Union and other phlet entitled ‘‘The Homeland Belongs The Cuban people need our uncondi- places where there were repressive gov- to Us All,’’ whereby they describe their tional support now more than ever. ernments: Condemn their oppressive hopes for a free and democratic Cuba. They need to know that the U.S. is un- acts, and send Americans there to en- These four pictured above us lan- wavering in our commitment to a free gage them, to show them the contrast guished in Castro’s jails for more than and democratic Cuba; that we will not of a great, free, and open society. 600 days without any charges filed weaken our resolve amidst inter- Ms. ROS-LEHTINEN. Mr. Speaker, I against them, surviving inhumane national pressure; that a superpower yield 1 minute to the gentleman from treatment for almost 2 years, preparing and global leader, as is the United Florida (Mr. GOSS). to begin a hunger strike on March 16 if States, will defend the rights of the op- Mr. GOSS. Mr. Speaker, I thank the they were not brought to trial. So the pressed against the oppressor. distinguished gentlewoman from Flor- Castro regime initiated the facade of a Let us be the light that Marta ida for yielding time to me. trial on March 1 amid a roundup and Beatriz spoke of in her letter. Let us Mr. Speaker, anyone who has fol- detention of dissidents. Last week, the render our unequivocal support to her lowed the long, tragic, sad history of regime sentenced Marta Beatriz, Felix, and to the fellow dissidents sentenced the Castro regime in Cuba knows all Rene and Vladimiro to varying prison recently by the Castro regime merely too well the systematic violation of terms merely for exercising their for exercising their rights. human rights employed by Castro to rights and for seeking to secure the My dear colleagues, I ask that we maintain his grip on power, his deadly rights for their fellow countrymen. protect the sanctity of the basic rights grip on power. As we consider this House Resolution endowed upon all human beings; to The resolution before us calls on the 99, I would like my colleagues to think support the Cuban people in their Clinton administration to secure pas- about these four brave men and struggle to live free as individuals and sage of a resolution at the United Na- women. I would like for us to ponder as citizens, and I ask for a vote in favor tions Human Rights Commission that upon the words written by Marta of this resolution today. condemns the Cuban government for Beatriz Roque in a letter dated Feb- Mr. Speaker, I reserve the balance of its gross abuses of human rights of the ruary 7 of this year and smuggled out my time. Cuban people. of her prison cell. In it, she said, ‘‘I re- Mr. GEJDENSON. Mr. Speaker, I Since the U.S. State Department main in my belief that the homeland yield myself such time as I may con- agrees that ‘‘The human rights situa- belongs to all of us. Sufficient time has sume. tion in Cuba remains deplorable,’’ and passed and there have been enough Mr. Speaker, after I conclude, I ask recognizes that ‘‘the Cuban govern- postponements. The time for liberty in unanimous consent that the remainder ment has taken no significant steps to- this small prison will not wait. My of my time be given to the gentleman wards political change,’’ it seems to me

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5293 that the Clinton administration would fusal of one man, Fidel Castro, to give if the pattern of human rights viola- be eager to back up its rhetoric with the millions of people in his country tions would not continue. It is an ap- some solid action. Making sure the their freedom, the last totalitarian dic- palling phenomenon that Castro con- international community does not let tator in the Western Hemisphere. tinues his policy of suppression, op- Castro’s human rights abuses go un- Ms. ROS-LEHTINEN. Mr. Speaker, I pression, and persecution of the Cuban challenged would be a very good place yield 3 minutes to the gentleman from people, particularly those Cuban people to start. Florida (Mr. SCARBOROUGH). who are crying out for a modicum of I encourage my colleagues to support Mr. SCARBOROUGH. Mr. Speaker, I democracy and freedom. This resolu- this resolution, and I commend the thank the gentlewoman from Florida tion properly calls on our government sponsors for bringing this issue before for this important resolution. to carry the ball in Geneva in denounc- the House. It is long overdue. Mr. Speaker, I was thinking, as I ing the human rights violations of Mr. MENENDEZ. Mr. Speaker, I yield heard the last speaker talk about the Cuba. 3 minutes to the distinguished gen- possibilities of challenging Castro on When I visited Cuba sometime ago, tleman from New Jersey (Mr. ROTH- free elections, how we could challenge we had high hopes that the Castro gov- MAN), who has been a strong supporter our president to build a bridge to the ernment will recognize at long last on behalf of human rights and democ- 21st century in Cuba, building a bridge that its policy of suppression, totali- racy in Cuba. on the foundation of free speech and tarianism, and dictatorship are coun- Mr. ROTHMAN. Mr. Speaker, I thank free elections in Cuba. terproductive. We were hoping that the gentleman for yielding time to me. As the gentleman from New Jersey there might be some loosening, that Also, I thank the sponsor, the gentle- said, let us talk about the 21st century. there might be some opening up, that woman from Florida (Ms. ROS- Let us talk about bringing Cuba into there might be some concessions to- LEHTINEN). the world community. Let us be rewards a free press. Mr. Speaker, I rise today in support minded of the long, long struggle for a When the Pope visited Cuba we had of House Resolution 99, expressing the free Cuba. Unfortunately, real progress high hopes that the precedent of his sense of the United States House of is being threatened by businesses, by visit would lead to modification of Representatives regarding the human baseball owners, and by government of- policies. None of these things have hap- rights situation in Cuba. I am proud to ficials who are too willing to engage in pened, and given the circumstances, be an original cosponsor of this resolu- an appeasement policy in exchange for Mr. Speaker, I strongly urge all of my tion. quick cash. colleagues to join the sponsors of this The wrongful imprisonment by Fidel The arrest and recent sentencing of resolution, of which I am one, in call- Castro of the group of four, four Cuban the ‘‘group of four’’ underscores what ing for freedom for the Cuban people, citizens who were speaking out about the Miami Herald has described as ‘‘a and denouncing Castro’s continuing the need for peaceful change, peaceful draconian new law setting 20-year sen- human rights violations. transformation to a democracy in tences for dissidents who dare to sup- Ms. ROS-LEHTINEN. Mr. Speaker, I Cuba, and were jailed by Fidel Castro, port United States policies regarding yield 2 minutes to our colleague, the is only the latest example of Fidel Cas- Cuba.’’ gentleman from Florida (Mr. MCCOL- tro’s efforts to suppress the most basic The arrests also show the failure of LUM). human rights of the Cuban people. this appeasement policy. Innocent peo- Mr. MCCOLLUM. Mr. Speaker, I Jailing Cubans for speaking their con- ple have been denied their most basic thank the gentlewoman for yielding science is unjust, it is wrong, and it is rights, their ability to speak freely and time to me. important for the United States of think freely about the government of Mr. Speaker, it is almost unbeliev- America and our Congress to condemn Fidel Castro. So much for an engage- able that just 90 miles from the coast such actions. ment policy. Once again a permissive of the United States, one of two Com- However, let us step back for a engagement policy has failed, just as munist dictators still existing in the minute, because not every American our misguided engagement policy to- world is present and still committing follows what is going on in Cuba every wards Communist China has failed, be- human rights atrocities, but that is a day, and ask ourselves, why are there cause the totalitarian police state of fact. Fidel Castro and his regime have human rights violations going on in Castro must be toppled, not by trade been there for 40 years or so doing the Cuba? The answer is simple: Fidel Cas- but by a strong resolve. same things they are doing today, and tro. Fidel Castro, a dictator, a totali- Baseball owners, business owners and we in the United States and a lot of the tarian ruler, has decided that for the our own government officials should others around the world still have not last 40 years, only he and he alone can turn their backs on a quick financial come to grips with this reality. Some decide the fate of the Cuban people. He gain and instead, fight for freedom in want to engage in some false hope that says he is the only person in Cuba who Cuba by maintaining a strong resist- they can have trade or communica- God has given the right to rule over ance against the policies of Fidel Cas- tions or economic support in some way and decide the basic human rights of tro. They are policies of dying decades, that will change the regime. the Cuban people. not the 21st century. Our vision must The fact is that that is not going to It is fundamentally undemocratic. It project forward, toward a free, strong, change. Nothing is going to change to is fundamentally wrong. He is the last liberated Cuba. give freedom of press, freedom of asso- surviving totalitarian dictator in the Mr. MENENDEZ. Mr. Speaker, I yield ciation, freedom of speech in Cuba Western Hemisphere. That is who Fidel 2 minutes to one of the leading human until Fidel Castro is gone, until he is Castro is. Even after 40 years of totali- rights advocates in this Congress, the out of office. tarian rule, Fidel Castro will not give gentleman from California (Mr. LAN- The resolution we have before us his people freedom. TOS). today should be embraced by every All Fidel Castro has to do is hold free Mr. LANTOS. Mr. Speaker, I thank member of this body. It is a simple res- elections. If he is so popular, if his poli- the gentleman for yielding time to me. olution condemning Castro for another cies are so wise, then the people of I want to thank my friend, the gen- time, as we have done in the past, for Cuba will elect him. Why is he afraid to tleman from New Jersey (Mr. FRANKS) all of his human rights atrocities, and hold free elections? Because he is a to- and commend my good friend and col- reminding the world that he still is talitarian dictator who does not have league, the gentlewoman from Florida doing it. the support of his people, and he knows (Ms. ROS-LEHTINEN) for introducing What is more troubling to me than it. this resolution. simply the fact that we are reminding I am proud to be a supporter of this Mr. Speaker, like many others in this folks and talking about it today is the resolution that focuses the world’s at- body, I would be more than ready to fact that the administration has not tention where it should be, on the re- start changing our policy towards Cuba come to grips with this; that there is

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 5294 CONGRESSIONAL RECORD—HOUSE March 23, 1999 still a failure and unwillingness to haven for some of America’s most hei- The entirety of their crime was to fully support the Helms-Burton law, to nous and cold-blooded fugitives. It is a write this document and to share it allow those who had lost their property tragic irony that a cop killer like Jo- with the diplomatic community and to recover the cost and the losses when anne Chesimard can live freely as a the foreign media. The document did Castro took over, who still own that guest of the Castro regime while scores not call for Cubans to take up arms or property; failure to recognize the true of Cuba’s native sons and daughters to violently oppose the regime. In fact, gravity of the Brothers to the Rescue languish in Cuba’s gulags for violations quite the contrary, the document sug- operation, and the losses the victims of free speech. gested that Cuba needs to make space and the families of those folks who lost This Congress must continue to voice for civil society and embrace demo- their lives there suffered, and to allow, our strong opposition to the degrada- cratic institutions to avoid the sponta- I hope they will allow this administration of human rights under Fidel Cas- neous social violence that is likely to tion the collection of the recent judg- tro. I strongly urge my colleagues to occur without such changes. ment; the failure to recognize that Cas- support House Resolution 99, and I For this simple act, Vladimiro Roca, tro is truly a criminal in so many thank the gentlewoman from Florida the son of the prominent communist ways. Instead, we are going down a for her continuing leadership. leader and former combat pilot Blas road so frequently of engagement that Mr. MENENDEZ. Mr. Speaker, I yield Roca, was sentenced to 5 years in pris- is not working. myself such time as I may consume. on; lawyer and human rights activist We should internationally condemn Mr. Speaker, I rise to support House Rene Gomez Manzano received 4 years him, the United States should condemn Resolution 99, and to ask my colin prison, as did Felix Bonne, an Afro- him, certainly this body today should leagues, Republicans and Democrats, Cuban; and Marta Beatriz Roque, who condemn him for the human rights vio- to do the same. This resolution con- suffers from breast cancer and has been lations he continues to perpetrate. cerns the forthcoming meeting of the denied medical treatment, sentenced to In the strongest of words, I urge my U.N. Commission of Human Rights in 31⁄2 years. That was their crime, a sim- colleagues to vote for this resolution, Geneva, and support for a resolution at ple document suggesting that peaceful and to send a solid message of biparti- the Commission condemning Cuba’s change can take place in their country. sanship in condemnation of Fidel Cas- record on human rights. tro and his regime and his human This resolution recognizes the ongo- rights atrocities. b 1400 ing abuses of human rights in Cuba, including restrictions on religious free- Mr. MENENDEZ. Mr. Speaker, I yield In 1996, I successfully presented the dom. Some confuse that the Pope’s 1 minute to the gentlewoman from U.S. resolution on Cuba and Geneva at visit has now suddenly permitted all California (Ms. WATERS). President Clinton’s request, and I am religious freedom to take place inside Ms. WATERS. Mr. Speaker, allow me pleased to come to the floor today to of Cuba, and the answer is, that is to take this unpopular position. I rise advocate support amongst my col- clearly not the case. Even the Vatican today to ask my colleagues to put leagues for this very important resolu- has expressed their disappointment at aside some of the rhetoric and to begin tion. the subsequent restrictions that con- to focus on the facts. Human rights is one issue for which We are but 90 miles from Cuba, and tinue to exist on the Catholic church there should be no division among we have countries from all over the and other denominations who do not Members of Congress. Regardless of my world who have developed relationships even enjoy the opportunities of the colleagues’ views on U.S. policy to- now with Cuba and with Fidel. They Catholic church, limited as they are, wards Cuba, I believe that every Mem- are developing great resorts and they that have been presented. ber of this institution believes that the are doing business. Cuba wants to do Cuban people deserve the opportunity Arbitrary arrests and routine harass- business with the United States. to exercise their basic human and civil ment of human rights activists and the I do not know why we allow China torture and confinement, without ade- and Germany and Great Britain and rights: the right to peaceful dissent, the right to organize labor unions, the quate nutrition and medical care, of Canada and other places to be there prisoners. doing business, helping to promote eco- right to speak freely without fear of reprisal, and, most importantly, the The resolution condemns Cuba’s fla- nomic development in their own coun- grant abuses of human rights and urges tries, while we stand and we cannot fig- right to choose their leaders. For 40 years Cubans have been denied those the administration to work toward a ure out how to work out some kind of strong resolution condemning the a peaceful coexistence with Cuba and very basic human and civil rights by one man, Fidel Castro. Cuban regime for these abuses at the with Castro. meeting of the UN Commission on I think the time has come for us to In recent weeks Castro has once Human Rights in Geneva this spring. recognize, we have to be about the again cracked down on human rights business of talking about normalizing and democracy activists in Cuba. He Lastly, the resolution calls on the relations between the United States announced a new law, the law called administration to appoint a Special and Cuba. I met with dissidents on my the ‘‘Law for the Protection of Cuba’s Rapporteur, one that has existed in the trip there just 4 weeks ago. National Independence and Economy,’’ past, to advocate for the establishment Ms. ROS-LEHTINEN. Mr. Speaker, I which authorizes extensive prison of the rule of law for the Cuban people. yield 1 minute to our colleague, the terms, up to 20 years, for dissidents and The point of this resolution is to send gentleman from New Jersey (Mr. journalists found to be working a message to Fidel Castro that the FRANKS). ‘‘against the Cuban state.’’ Just simply United States will not stand idly by Mr. FRANKS of New Jersey. Mr. the writing of articles that may be at when faced with intensifying violation Speaker, last month Fidel Castro difference with the regime’s view could of human rights in Cuba. But more im- pulled on the tattered scraps of his cause them to be jailed and sentenced portantly, this resolution is intended aging iron curtain to impose new re- for two decades. to send a message to the Cuban people strictions on the rights of the Cuban Last Monday, despite international that the United States stands in soli- people. Since then, nearly 100 dis- appeals for their release, including an darity with them as they struggle to sidents have been arrested and de- appeal from the Vatican, Castro’s kan- exercise the basic freedoms and rights tained. They have been held merely for garoo court system sentenced the four that are guaranteed to them, not by speaking out against the Cuban dicta- well-known members of the Internal the United States but by virtue of torship or discouraging the foreign in- Dissident Working Group to prison Cuba’s signature on the Universal Dec- vestment that serves only to strength- terms ranging from 31⁄2 to 5 years for laration of Human Rights. en Castro’s hand. their simple publication of a document Lastly, and let me just say that I do At the same time Castro is rounding entitled, ‘‘La Patria Es de Todos,’’ The not ask that Members take my word up dissidents he is providing a safe Homeland Belongs to All. about the situation in Cuba, I just

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.001 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5295 want to read to my colleagues a few ex- That is the way in which they should crease its efforts to secure a resolution cerpts from the State Department’s cast their votes on this resolution. I of condemnation of the regime for its Human Rights Report for last year. cannot believe that those who support human rights violations in Geneva, and It says: ‘‘The Government’s human human rights in other parts of the ask that the administration also ap- rights record remained poor. It contin- world cannot support human rights in- point an official to advocate through- ued systematically to violate funda- side of Cuba. Therefore, I expect them, out the international community for mental civil and political rights of its as they speak in other parts of the the reestablishment of the rule of law citizens. There were several credible world, to speak up today and to also in Cuba. reports of death due to excessive use of cast their vote with us. Today, the House of Representatives, force by the police. Members of the se- Mr. Speaker, I reserve the balance of Mr. Speaker, reaffirms its historic sup- curity forces and prison officials con- my time. port for the Cuban people’s right to be tinued to beat and otherwise abuse de- Ms. ROS-LEHTINEN. Mr. Speaker, I free, something that, to the credit and tainees and prisoners. The Government am very pleased to yield 3 minutes to honor of this Congress, that Congress failed to prosecute or sanction ade- the gentleman from Florida (Mr. DIAZ- has done since 1898. So in the best tra- quately members of the security forces BALART), a prime sponsor of this legis- dition of the United States Congress, and prison guards who committed such lation. we stand once again with the Cuban abuses. The authorities routinely con- Mr. DIAZ-BALART. Mr. Speaker, people, demand freedom, free elections, tinued to harass, threaten, arbitrarily what is it that we are condemning democracy for the Cuban people, and arrest, detain, imprison, and defame today? Among the many things that reiterate to the world that we will con- human rights advocates and members have already been mentioned in terms tinue to stand with the Cuban people of the independent professional asso- of human rights violations, we must until they are free, and they will soon ciations’’ struggling to create civil so- add the law that Castro and his puppet be free. ciety inside of Cuba, ‘‘including jour- parliament passed last month that the Mr. MENENDEZ. Mr. Speaker, I ask nalists, economists, doctors, and law- Cuban people, by the way, have coined the Chair what the remaining time is yers, often with the goal of coercing with the definition of the ‘‘Titanic between the parties. them into leaving’’ their own country. Law’’ because they know that the re- The SPEAKER pro tempore. The gen- ‘‘Prison guards and state security of- gime, as the tyrant knows as well and tleman from New Jersey (Mr. MENEN- ficials also subjected human rights and those around him, that the regime dic- DEZ) has 31⁄2 minutes remaining. The prodemocracy activists to threats of tatorship is going down. So Cuban peo- gentlewoman from Florida (Ms. ROS- physical violence; systemic psycho- ple have called it the ‘‘Titanic law,’’ LEHTINEN) has 31⁄2 minutes remaining. logical intimidation; and with deten- but, nevertheless, it is a savage law. Mr. MENENDEZ. Mr. Speaker, I yield tion or imprisonment in cells with It threatens with up to 30 years of myself such time as I may consume. common and violent criminals, aggres- imprisonment anyone who cooperates Mr. Speaker, let me just say that, as sive homosexuals, or state security with the United States, whatever that we close this debate, I want to take agents posing as prisoners. Political means; in other words, anyone who note of the controversy that has been prisoners are required to comply,’’ po- peacefully, according to the slanderous brewing throughout the last couple of litical prisoners, these are just people regime, advocates or works for a de- weeks, and that is the issue of the Bal- who speak up for democracy and mocratization of Cuba. timore Orioles seeking to play baseball human rights, who do not enjoy what In addition, the regime arrested inside of Cuba. we are doing in this Chamber at this March 1 over 100 dissidents and jour- It is ironic that, as we are debating very moment, at this time, regardless nalists and took to trial the four best- human rights and democracy in Cuba of my colleagues’ views, individuals known opposition leaders in the coun- here in this Chamber, that America’s who just simply speak up their mind try and then sentenced them, as my national pastime, which is one of the are routinely put with common crimi- colleagues have mentioned. symbols of this country, would be used nals and often are punished severely if So these specifically are among the in such a way at a time in Cuba in they refuse. actions that we in Congress are con- which these four leading human rights ‘‘Detainees and prisoners often are demning formally today. How are we activists have been imprisoned simply subjected to repeated, vigorous interro- doing it? We are condemning in the for peacefully speaking their mind in a gations designed to coerce them into strongest possible terms the ongoing document; at a time in which Castro signing incriminating statements, to crackdown on internal opposition in passes a new law that is more repres- force collaboration with authorities, or the independent press, specifying that sive both in the civil rights of the to intimidate victims.’’ actions such as the sentencing of Rene Cuban people as well as to foreign jour- One of them, Wilfredo Martinez Gomez Manzano and Vladimiro Roca nalists; at a time in which he expands Perez, died as a result of his opposition and Marta Beatriz Roque and Felix the spy station in Lourdes which is to the Cuban regime. This is all the Bonne, the sentencing of those four used by Russians, who pay the Cuban State Department Human Rights Re- best-known opposition leaders and the regime to use their satellite moni- port being quoted: ‘‘On March 30, police crackdown must be condemned in the toring facilities to monitor commercial detained Wilfredo Martinez Perez, a strongest possible terms, as also the and military activities in the United member of a human rights organiza- crackdown on the brave independent States; at a time that all these things tion, for disorderly conduct at a public press. take place, we are going to send a mes- festival near his home in Havana. Mar- We also reaffirm the profound admi- sage to the world that it is okay to tinez’s body was delivered to a funeral ration and strong solidarity in support play ball with the dictatorship. home in Guines the next day where his of the Congress of the United States of In terms of those ball players, I will family and other witnesses claimed the internal opposition. We reaffirm echo once again what I have person- that his body showed contusions and our support for the Cuban people’s ally, along with some of my colleagues, bruises, which suggested that he died right to be free by demanding three have said to them; that the very rights as a result of a beating while in police very clear specific actions of the Cuban that major league baseball players custody.’’ dictatorship. have in this country, the rights to col- How convenient for the Cuban au- We demand that the Cuban dictator- lective bargaining, the rights to nego- thorities, arresting someone who is ship liberate all political prisoners, le- tiate their contract and the conditions simply at a public festival and deliv- galize all political parties, the press under which they work, the rights for ering his body dead home the next day and labor unions, and agree to free and which they even have the right to to his family. fair elections. strike on and for which they have exer- That is the evidence, among others, We, as my colleagues have stated, cised those rights in this country in that our colleagues need to decide on. urge the administration as well to in- order to ensure the benefits that they

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 5296 CONGRESSIONAL RECORD—HOUSE March 23, 1999 believe that they are justly due, none and I want to thank the gentlewoman Fidel Castro’s contempt for them and of those rights exist for the Cuban peo- from Florida (Ms. ROS-LEHTINEN), the to take a real stand. Their opportunity ple or for Cuban baseball players. distinguished chairman of our Sub- will come at Geneva sometime in early The Cuban national team is not there committee on International Economic April. by choice. They are there ultimately Policy and Trade of the Committee on The SPEAKER pro tempore (Mr. because they must be there. They have International Relations, for having in- BASS). The time of the gentlewoman no ability to negotiate any contract. troduced this important resolution, H. from Florida (Ms. ROS-LEHTINEN) has They have no ability to be able to de- Res. 99, which condemns the repressive expired. termine the nature under which they crackdown by the government of Cuba Mr. GILMAN. Mr. Speaker, I ask play. They have no ability to deter- against the internal opposition and the unanimous consent for an additional 2 mine whether or not they will have the independent press in Cuba. minutes. right to strike. None of that exists for This resolution expresses our soli- The SPEAKER pro tempore. Is there them or for any Cuban worker. darity with those brave individuals and objection to the request of the gen- Foreign companies that actually in- calls on Cuba to release all political tleman from New York? vest inside of Cuba, such as those that prisoners, to legalize the political par- There was no objection. Mr. GILMAN. Mr. Speaker, I yield were mentioned by a previous speaker, ties, labor unions, the press, and to schedule free and fair elections in myself such time as I may consume. that are doing business inside of Cuba Mr. Speaker, it is time for our Cana- are doing it with slave labor because Cuba. And I am pleased to be among such a strong bipartisan list of cospon- dian and European allies to acknowl- they cannot hire a Cuban worker di- edge Fidel Castro’s contempt for them rectly. sors on this resolution. East European diplomats have noted and to take a real stand. Their oppor- Those of us who stand here and are tunity will come in Geneva sometime proud of our AFL–CIO voting records, that Fidel Castro’s Cuba reminds them of Stalin’s Russia. And last week Fidel in early April when the U.N. Human are proud of standing on behalf of orga- Rights Commission is going to consider nized labor, are proud of the rights Castro reminded the world that they are right when a Communist court con- a resolution condemning Cuba’s abuses. that working women have in this coun- I hope that our allies will not only try to organize and collectively bar- victed and sentenced the four authors of the manifesto ‘‘The Homeland Be- vote for a strong resolution reinstating gain and to seek a fair and decent wage longs to Everyone’’ to hard time in the special rapporteur, but will also on behalf of their work, those opportu- prison. In a March 2 editorial the sign on as cosponsors and help with the nities do not exist for the Cuban peo- Washington Post wrote, ‘‘If the four effort to win the necessary votes for ple, who ultimately are hired not by are convicted and sentenced, it will passage of that resolution. the companies that invest inside of show that the regime won’t permit any Regrettably, last year’s U.S. spon- Cuba, but the state sends the workers opposition at all. What then will the sored resolution condemning Cuba was to the employer. The worker is paid international crowd have to say about defeated. This was a major setback with useless Cuban pesos while the the society-transforming power of their which the administration vowed to re- state, the regime, gets paid by the for- investments?’’ verse. H. Res. 99 has strong support eign companies in hard dollars, and The trial of these four was accom- from both sides of the aisle and will they are given a fraction of their wages panied by the arrest of dissidents and send a loud clear signal to back our which, in essence, is slave labor. the blocking of international access to U.S. delegation to the 55th meeting of b 1415 the court. the U.N. Human Rights Commission. This travesty follows closely on the On February 7, one of the four jailed So I hope that major league baseball heels of a so-called ‘‘Law to Protect dissidents, Marta Beatriz Roque, who understands that they are not pro- the National Independence and Econ- suffers from untreated cancer, wrote to moting democracy inside Cuba when omy of Cuba.’’ The Catholic lay group, her fellow prisoners of conscience, ‘‘My they go play ball. On the contrary, Pax Chrisiti Netherlands, reported last brothers, I believe we should not fear they are playing ball with a dictator- month that the law ‘‘bans a broad the shadows because their presence ship. range of civil activities, violates the means that a light shines from a place Ms. ROS-LEHTINEN. Mr. Speaker, right to freedom of press, assembly, not far away.’’ will the gentleman yield? opinion and expression. It brings the With the news of Cuba’s best known Mr. MENENDEZ. I yield to the gen- Iron Curtain back to Cuba. The new dissidents being sentenced fresh in our tlewoman from Florida. steps of the Cuban government shows minds, all eyes should be on how the Ms. ROS-LEHTINEN. Mr. Speaker, I its contempt for the numerous requests community of nations conducts itself thank my colleague for bringing up by the international community to at Geneva. Let a good resolution from that game, and perhaps our colleagues give a clear signal of its commitment the U.N. Human Rights Commission would be interested in knowing that in to internationally recognized human provide the light that Marta Beatriz fact every Cuban-born baseball player rights law and to reform the Cuban Roque invoked. now playing on our American teams criminal code accordingly.’’ Mr. Speaker, I urge my colleagues to have said, ‘‘We will not go to Cuba. We International reaction to the sen- unanimously support this resolution. do not think that this is the correct tencing of these four dissidents has Ms. LEE. Mr. Speaker, I rise in strong oppo- signal.’’ Because they have been there. begun to take shape. Last year, during sition to H. Con. Res. 99. As one who histori- They know the first person to politi- a high profile trip to Havana, Canada’s cally has been an advocate for human rights cize this national pastime of both the Prime Minister Jean Chretien asked and justice worldwide, I have serious concerns U.S. and the Cuban people is Fidel Cas- Castro to release the four. Last week, about H. Res. 99. I am fearful that this resolu- tro himself. In fact, many of these Canada’s Foreign Minister, Lloyd tion, with its extreme and provocative lan- players had been banned from playing Axworthy, faced sharp questions in the guage, will only introduce further tension into baseball because Castro did not want House of Commons with regard to this US–Cuba relations at this particularly unstable them to participate in that sport. He issue. Opposition leader Bob Mills de- time. feared for their defection. manded, ‘‘How can this government The resolution will do nothing to improve the Mr. Speaker, I yield the balance of deny that its 20 years of soft power pol- lives of the Cuban people and it will do noth- my time to the gentleman from New icy toward Cuba has been anything but ing to improve relations between our two York (Mr. GILMAN), the chairman and a total failure?’’ And in his response, countries. It is more of the ‘‘tit for tat’’ policy the engine in our Committee on Inter- Axworthy suggested that developments that has been the map of failure in the past national Relations and proud sponsor like the jailing of the dissidents were and represents more of the same for the fu- of this resolution. ‘‘bumps on the road.’’ ture. Mr. GILMAN. Mr. Speaker, I thank I think it is time for our Canadian No one can justify or condone human rights the gentlewoman for yielding to me, and European allies to acknowledge violations anywhere in the world. Certainly,

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00054 Fmt 0688 Sfmt 9920 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5297 Cuba’s recent crack down on its independent the gentlewoman from Florida (Ms. ther enhanced by Taiwan’s membership in journalists and dissidents provokes serious ROS-LEHTINEN) that the House suspend the World Trade Organization; concerns and criticism here and within the the rules and agree to the resolution, Whereas Taiwan today is a full-fledged House Resolution 99, as amended. multi-party democracy fully respecting international community. However, like other human rights and civil liberties and serves nations, we need to take a rational approach The question was taken; and (two- as a successful model of democratic reform to the current situation in Cuba, rather than thirds having voted in favor thereof) for the People’s Republic of China; support the extremist language in this resolu- the rules were suspended and the reso- Whereas it is United States policy to pro- tion. lution, as amended, was agreed to. mote extensive cultural relations with Tai- Since this resolution addresses the United A motion to reconsider was laid on wan, ties that should be further encouraged Nations Human Rights Commission in Gene- the table. and expanded; Whereas any attempt to determine Tai- va, Switzerland, it is also important to recog- f nize that last year, for the seventh year in a wan’s future by other than peaceful means, COMMEMORATING THE 20TH ANNI- including boycotts or embargoes, would be row, the UN General Assembly condemned VERSARY OF THE TAIWAN RELA- considered a threat to the peace and security the US economic embargo on Cuba by a vote TIONS ACT of the Western Pacific and of grave concern of 157–2 and called on Washington to end its to the United States; sanctions. Instead of discussing more legisla- Mr. GILMAN. Mr. Speaker, I move to Whereas in the spirit of the Taiwan Rela- tion which increases the hostility between the suspend the rules and agree to the con- tions Act, which encourages the future of US and Cuba and further isolates us from the current resolution (H. Con. Res. 56) democratic Taiwan to be determined by United Nations and the rest of the world, we commemorating the 20th anniversary peaceful means, Taiwan has engaged the should be discussing legislation which ad- of the Taiwan Relations Act. People’s Republic of China in a cross-Strait The Clerk read as follows: dialogue by advocating that peaceful reunifi- dresses human rights for Cubans in total. This cation be based on a democratic system of would include addressing one of the most H. CON. RES. 56 government being implemented on the main- egregious human rights offenses: the US’s de- Whereas April 10, 1999, will mark the 20th land; and nial of food and medicine to the Cuban peo- anniversary of the enactment of the Taiwan Whereas the Taiwan Relations Act estab- ple. Relations Act, codifying in public law the lished the American Institute on Taiwan If we are truly serious about assisting the basis for continued commercial, cultural, (AIT) to carry out the programs, trans- Cuban people, we need to cultivate a sphere and other relations between the United actions, and other relations conducted or of influence on the island and a diplomatic re- States and Taiwan; carried out by the United States Govern- Whereas the Taiwan Relations Act was ad- ment with respect to Taiwan and AIT should lationship with the Government of Cuba. The vanced by Congress and supported by the ex- be recognized for the successful role it has unreasonable language in this resolution will ecutive branch as a critical tool to preserve played in sustaining and enhancing United only exacerbate hostility and further anti-Amer- and promote ties the American people have States relations with Taiwan: Now, there- ican sentiment in Cuba, which will get us no- enjoyed with the people of Taiwan; fore, be it where. Whereas the Taiwan Relations Act has Resolved by the House of Representatives (the We should listen to Elizardo Sanchez, been instrumental in maintaining peace, se- Senate concurring), Cuba’s leading human rights activist as he curity, and stability in the Taiwan Strait That it is the sense of the Congress that— states: ‘‘The more the US pressures and since its enactment in 1979; (1) the United States should reaffirm its Whereas when the Taiwan Relations Act threatens the Cuban government, the more commitment to the Taiwan Relations Act was enacted in 1979, it affirmed that the and the specific guarantees for the provision defensive and recalcitrant it becomes. This is United States decision to establish diplo- not the way to encourage an atmosphere that of legitimate defense articles to Taiwan con- matic relations with the People’s Republic of tained therein; favors change.’’ China was based on the expectation that the (2) the Congress has grave concerns over Mr. DAVIS of Illinois. Mr. Speaker, I take future of Taiwan would be determined by China’s military modernization and weapons this opportunity to talk about human rights. peaceful means; procurement program, especially ballistic Not only in Cuba, but also in this country. Whereas officials of the People’s Republic missile capability and deployment that seem I believe in civil rights for all people, here of China refuse to renounce the use of force particularly directed toward threatening and abroad. However, I want to caution my against democratic Taiwan; Taiwan; Whereas the defense modernization and Colleagues who have come to this floor today (3) the President should direct all appro- weapons procurement efforts by the People’s priate officials to raise these grave concerns to ‘‘Condemn Castro’s Cuba’’ for his human Republic of China, as documented in the Feb- rights record and remind my colleagues that about new Chinese military threats to Tai- ruary 1, 1999, report by the Secretary of De- wan with officials from the People’s Repub- we have yet to pass a resolution on the fense on ‘‘The Security Situation in the Tai- lic of China; human rights of those victims of police bru- wan Strait’’, could threaten cross-Strait sta- (4) the President should seek from leaders tality. bility and United States interests in the of the People’s Republic of China a public re- I ask my colleagues why it is so easy to Asia-Pacific region; nunciation of any use of force, or threat to ‘‘beat up’’ on Cuba and yet at the same time Whereas the Taiwan Relations Act pro- use force, against Taiwan; vides explicit guarantees that the United grant mainland China most favored nation sta- (5) the President should provide annually a States will make available defense articles report detailing the military balance on both tus. and services necessary in such quantity as There is no doubt that Cuba needs improve- sides of the Taiwan Strait, including the im- may be necessary to enable Taiwan to main- pact of procurement and modernization pro- ment in realizing economic, social, civic, polit- tain a sufficient self-defense capability; grams; ical and cultural rights. However, I remind my Whereas section 3(b) of the Taiwan Rela- (6) the executive branch should inform the colleagues of the phrase, ‘‘those who live in tions Act requires timely reviews by United appropriate committees of Congress when of- glass houses . . . ’’ States military authorities of Taiwan’s de- ficials from Taiwan seek to purchase defense Furthermore, I ask my colleagues how this fense needs in connection with recommenda- articles for self-defense; condemning resolution and how American tions to the President and the Congress; (7) the United States Government should Whereas Congress and the President are hostility will actually help Cuba realize a better encourage a regional high-level dialogue on committed by Article 3(b) of the Taiwan Re- the best means to ensure stability, peace, human rights record. How does that embargo lations Act to determine the nature and assist Castro in realizing civil liberties of its and freedom of the seas in East Asia; quantity of Taiwan’s legitimate self-defense (8) the President should encourage further citizens? needs; dialogue between democratic Taiwan and the For the record, I want to make it clear that Whereas it is the policy of the United People’s Republic of China; and Human Rights Violations in this country are States to reject any attempt to curb the pro- (9) it should be United States policy in con- just as threatening to democracy as those in vision by the United States of defense arti- formity with Article 4(d) of the Taiwan Rela- Cuba or anyplace else on the face of the cles and services legitimately needed for Tai- tions Act to publicly support Taiwan’s ad- wan’s self-defense; mission to the World Trade Organization as earth. Whereas it is the policy set forth in the Mr. GILMAN. Mr. Speaker, I yield soon as possible on its own merits and en- Taiwan Relations Act to promote extensive courage others to adopt similar policies. back the balance of my time. commercial relations between the people of The SPEAKER pro tempore. The the United States and the people of Taiwan The SPEAKER pro tempore. Pursu- question is on the motion offered by and such commercial relations would be fur- ant to the rule, the gentleman from

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New York (Mr. GILMAN) and the gen- rating this distinctive piece of legisla- listic missile capabilities and other tleman from California (Mr. LANTOS) tion and the unique ties between the military resources directed at Taiwan, each will control 20 minutes. peoples of the United States and Tai- this provision is extremely important The Chair recognizes the gentleman wan. and I welcome that our resolution reaf- from New York (Mr. GILMAN). Mr. Speaker, I reserve the balance of firms our commitment to Taiwan’s de- GENERAL LEAVE my time. fense. Mr. GILMAN. Mr. Speaker, I ask Mr. LANTOS. Mr. Speaker, I yield We also need to assure, Mr. Speaker, unanimous consent that all Members myself such time as I may consume, that Taiwan is able to participate in may have 5 legislative days within and I rise in strong support of this res- all international organizations. We which to revise and extend their re- olution. particularly need to support the par- marks on House Concurrent Resolution Mr. Speaker, I first want to con- ticipation of Taiwan in the World 56. gratulate the distinguished chairman Trade Organization. By every conceiv- The SPEAKER pro tempore. Is there of our Committee on International Re- able yardstick, Taiwan has earned the objection to the request of the gen- lations, the gentleman from New York right to full and unrestricted member- tleman from New York? (Mr. GILMAN), for introducing this leg- ship in the World Trade Organization, There was no objection. islation, as well as the chairman of the and I call on our government to sup- Mr. GILMAN. Mr. Speaker, I yield Subcommittee on Asia and the Pacific, port Taiwan’s membership. myself such time as I may consume. my good friend from Nebraska (Mr. BE- I urge my colleagues to adopt this Mr. Speaker, I am pleased to rise in REUTER), and all other colleagues who resolution. support of House Concurrent Resolu- have cosponsored this legislation. Mr. Speaker, I reserve the balance of tion 56, commemorating the 20th anni- This legislation, Mr. Speaker, was my time. versary of the Taiwan Relations Act, necessary when the United States Mr. GILMAN. Mr. Speaker, I yield 4 minutes to the gentleman from Ne- and I want to thank the distinguished broke diplomatic relations with the braska (Mr. BEREUTER), the vice chair- chairman of our Subcommittee on Asia Republic of China in Taiwan after es- man of our Committee on Inter- and the Pacific of the Committee on tablishing full diplomatic relations with the People’s Republic of China 20 national Relations. International Relations, the gentleman Mr. BEREUTER. Mr. Speaker, I years ago. from Nebraska (Mr. BEREUTER), as well thank the chairman for yielding me The Taiwan Relations Act provides as the gentleman from California (Mr. this time, and as chairman of the Sub- us with the mechanism for maintaining ROHRABACHER) and all the other co- committee on Asia and the Pacific of continued security, economic, cultural sponsors for their efforts in helping to the Committee on International Rela- and political relations between the bring this resolution to the floor today. tions, this Member rises in support of Mr. Speaker, I am proud to have in- United States and Taiwan. It has been H. Con. Res. 56, the resolution before troduced this resolution commemo- the key to maintaining close relation- the House commemorating the 20th an- rating this landmark piece of foreign ships between the American people and niversary of the Taiwan Relations Act. policy regulation. It is only appro- the people of Taiwan. Following President Carter’s decision In the past 20 years, Mr. Speaker, priate that the House make note of the in 1979 to terminate relations with the Taiwan has undergone perhaps more Taiwan Relations Act, which serves as Republic of China and diplomatically dramatic change than any other coun- a basis for continued commercial, cul- recognize the mainland People’s Re- try on the face of this planet. Taiwan tural, security and other relations be- public of China, a new American rela- has emerged from a long tradition of tween our Nation and Taiwan. tionship with Taiwan was necessitated. authoritarian rule and it has become a The Taiwan Relations Act was adopt- As a result, the Taiwan Relations Act, full-fledged political democracy, with ed into law on April 10, 1979, and has often referred to as the TRA, was en- free elections, free press, freedom of reserved as a critical element in pre- acted on April 10, 1979, and continues ligion, and a multi-party democracy. serving and promoting ties between our today to serve as the basis for contin- Just a few years ago, the people of Tai- Nation and Taiwan. The TRA has been ued commercial, culture, and other re- wan participated, in the first time in instrumental in maintaining peace and lations between the United States and the history of the Chinese people, in stability across the Taiwan Strait Taiwan. since it was enacted in 1979, and it is the direct and Democratic election of a my hope that the TRA will continue to president. b 1430 serve to ensure that the future of Tai- Taiwan has made incredible progress Much has changed since the enact- wan be determined by peaceful means. in the economic sphere. It is now ment of the TRA. Taiwan has devel- Regrettably, the People’s Republic of viewed, properly, as one of the most oped into a full-fledged multiparty de- China has refused to renounce the use successful economies on the face of mocracy that respects human rights of force against Taiwan. this planet and is one of our key trad- and civil liberties. Taiwan has grown Our Nation is pleased with the flour- ing partners. into one of the strongest and most de- ishing on Taiwan of a fully-fledged, It is intriguing to note, Mr. Speaker, veloped economies in East Asia and it multi-party democracy which respects that while we are celebrating and com- is America’s seventh largest export human rights and civil liberties. It is memorating the 20th anniversary of market. hoped that Taiwan will serve as an ex- the Taiwan Relations Act, the 20th Unfortunately, the rhetoric and mili- ample to the PRC and to others in the year of establishing full diplomatic retary threats to Taiwan from the Peo- region in that regard and will encour- lations between the People’s Republic ple’s Republic of China have not age progress in the furthering of Demo- of China and the United States passed abated. Indeed, from a technical mili- cratic principles and practices, respect almost unnoticed. The reason, of tary perspective that threat has actu- for human rights, and the enhancement course, is that the American people ally increased, especially, it appears, in of the rule of law. have severe reservations about the con- the last several months. Significant The Congress looks forward to a tinuing oppression of human rights on Chinese military exercises in the re- broadening and deepening of friendship the mainland of China. gion have included live-fire exercises in and cooperation with Taiwan in the House Concurrent Resolution 56 calls March 1996 and the firing of two mis- years ahead for the mutual benefit of particular attention to the provisions siles that impacted near Taiwan. the peoples of the United States and of the Taiwan Relations Act which Now there is an increased deploy- for the peoples of Taiwan. guarantee that the United States will ment of such offensive ballistic mis- Mr. Speaker, this resolution has an continue to make available defense ar- siles in Fujian province, just across the impressive list of cosponsors, and I ticles that are necessary for Taiwan’s strait from Taiwan. They clearly are urge my colleagues in the House to offense. In light of China’s ominous there to threaten or act against Tai- support H. Con. Res. 56 commemo- military buildup in recent times of bal- wan. Actually, according to recent

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5299 newspaper reports, China has deployed and support of the distinguished gen- This resolution calls for the United more than 100 additional ballistic mis- tleman from California (Mr. LANTOS), States to continue to provide adequate siles in mainland provinces close to the the ranking Democrat on the Sub- defense materials and support to Tai- Strait of Taiwan. This would more committee on Asia and the Pacific, for wan in order to assure that the future than triple the number of missiles pre- cosponsoring H.Con.Res. 56 and for as- of Taiwan is determined by peaceful viously positioned in that area. sisting this Member to facilitate our and democratic means. This is totally House Concurrent Resolution 56 expeditious markup in both the com- consistent with the letter and the spir- makes note of the Congress’ grave con- mittee and the subcommittee. it of the Taiwan Relations Act which, cerns about these threats, seeks from Mr. Speaker, H.Con.Res. 56 is a very of course, was brought about 20 years the leaders of the People’s Republic of timely resolution, given the concerns ago today. China a public renunciation of the use that many Members of the House, in- In effect, the resolution supports the of force or threat to use force against cluding this Member, have about the cost of a cross-strait dialogue negoti- Taiwan, and reaffirms the United current direction in Sino-American re- ating position of Taiwan President Lee States’ commitment to the TRA and lations. Our relations with Beijing are that in order for a peaceful reunifica- the specific guarantees for the provi- increasingly problematic. However, it tion to occur, Beijing must stop its sion of legitimate defense articles to is important for all to know, especially threats of force and must implement Taiwan contained therein. On this, the for Beijing to know when making its real democratic government in main- Congress and the U.S. Government foreign policy calculations, that when land China. should be clear. The resolution reaf- it comes to U.S. relations with Taiwan This House Resolution does not ex- firms that the policy of the United there has been no weakening in our re- plicitly state the need for Taiwan to be States remains the rejection of any at- solve to help the Taiwanese provide for included in a regional missile defense tempt to curb the provision of defense their defense. The solid direction pro- system. However, due to the com- articles and services by the United vided for by the TRA has helped pro- munists’ growing missile arsenal, the States which are legitimately needed vide consistency in the demonstration inclusion of Taiwan in regional defense for Taiwan’s self-defense. of our resolve. forums and in missile defense programs From diplomatic and legal perspec- Therefore, Mr. Speaker, this Member I believe is essential. tives, the relationship of the United urges passage of H.Con.Res. 56. Having been in Taiwan during the re- States which it has maintained with Mr. LANTOS. Mr. Speaker, I reserve cent legislative elections, I observed Taiwan since 1979 is certainly unique. the balance of my time. the enthusiastic participation of the Yet in many ways our ties remain very Mr. BEREUTER. Mr. Speaker, I yield majority of people in Taiwan in the normal and comprehensive. Indeed, 5 minutes to the distinguished gen- democratic process. There should be no they have been strengthened over the tleman from California (Mr. ROHR- mistake, whether in the United States years, thanks to the solid foundation ABACHER). or in China, that we value the friend- provided over the past 20 years by the Mr. ROHRABACHER. Mr. Speaker, I ship of the courageous, democracy-lov- Taiwan Relations Act and to the de- thank the gentleman from Nebraska ing people in Taiwan and, yes, those mocratization of Taiwan by its leaders (Mr. BEREUTER) for adding his prestige democracy-loving people on the main- and its people. Thus, it is appropriate to this important resolution, and I land of China as well. We are com- on the 20th anniversary for Congress to thank the gentleman from New York mitted to standing by them, and no take the time to commemorate and re- (Mr. GILMAN), of course, for taking the matter what the bluster and bully of affirm its commitment to the TRA and lead in the sponsorship role and in ex- the communist regime that now con- to Taiwan and its people. pediting today’s markup. trols the mainland, we will now stay This Member wants to thank the I thank the gentleman from Cali- true to these principles as were laid chairman of the Committee on Inter- fornia (Mr. LANTOS), of course, for his out in the Taiwan Relations Act. national Relations, the distinguished longtime support of human rights ev- The Taiwan Relations Act laid the gentleman from New York (Mr. GIL- erywhere, but especially here con- foundation for peace and set in motion MAN), for his interest in working with cerning the Taiwan Relations Act and at the same time, 20 years ago, a de- this Member on this 20th year resolu- our confrontation with China on these mocratization process. In Taiwan that tion. very important and all-important democratization resulted in what even Mr. Speaker, I ask unanimous con- human rights issues. its former critics agree is now a full- sent that I may claim the time of the House Concurrent Resolution 56, fledged Western style democracy. This gentleman from New York (Mr. GIL- commemorating the 20th anniversary is a magnificent accomplishment for MAN). of the Taiwan Relations Act, was origi- the people of Taiwan and something The SPEAKER pro tempore (Mr. nally introduced in the Senate by Sen- that we tip our hats to as well today. BASS). Is there objection to the request ator FRANK MURKOWSKI and by myself Unfortunately, on the mainland of of the gentleman from Nebraska? in the House as House Concurrent Res- China there seems to have been a back- There was no objection. olution 53, to send an unmistakable sliding in just the opposite direction. Mr. BEREUTER. Mr. Speaker, I yield message from the United States Con- Since the Tiananmen Square massacre myself such time as I may consume. gress to the people of democratic Tai- of China’s democratic movement, the Mr. Speaker, like this Member, the wan. The bipartisan cosponsorship also mainland has retrogressed and has slid chairman, of course, was here in 1979 sends a strong message to the com- deeper and deeper into repression, mili- and voted for enactment of the TRA. munist Chinese that Congress is uni- tarization and belligerence. This Member also certainly welcomes fied in its stand to steadfastly stand by The communists in Beijing have tried the opportunity to work with the gen- our democratic allies in Taiwan under to sabotage the Taiwan Relations Act tleman from New York (Mr. GILMAN) the carefully crafted terms of the Tai- which, as I say, was the foundation laid and with the gentleman from Cali- wan Relations Act. for peace and democratization, and fornia (Mr. ROHRABACHER) in crafting In recent years the balance of power they tried to sabotage it through sub- House Concurrent Resolution 56. All in the Taiwan Strait has been altered tle changes, subtly implying that this three of us independently, I think, had by the unprecedented military mod- does not apply any longer to the Tai- resolved to raise this issue by our own ernization and missile buildup by the wan Relations Act, and in some cases initiatives, and in this legislative prod- communist Chinese, who continue to with some language that is just out uct we are joined by colleagues from threaten to take over Taiwan by force and out confrontational, saying that both sides of the aisle. despite the fact that the Taiwan Rela- the Taiwan Relations Act does not Mr. Speaker, for example, and with tions Act commits them not to commit apply. emphasis, this Member wants to ex- that act of force and violence in order We are putting the communist Chi- press his appreciation for the interest to reunify Taiwan with the mainland. nese on notice today that the Taiwan

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 5300 CONGRESSIONAL RECORD—HOUSE March 23, 1999 Relations Act has brought peace, has work for our commercial relations. During the all know, Taiwan has extremely important eco- brought stability to that area of the same twenty years, Taiwan has grown into an nomic and social ties with China. It would ben- world, and we expect it to be followed economic powerhouse and a major player in efit both governments to take additional steps to the letter. We will not see it the global market. Even in the face of the towards reducing cross Strait tensions. Presi- changed subtly, we will not see it Asian financial crisis, Taiwan continues to post dent Clinton’s policy of engagement with changed through confrontation, and impressive economic growth numbers. China is the right policy. China is a critically any attempts to change the Taiwan Re- Through prudent economic policies that have important world power. We must engage lations Act without another consulta- kept foreign debt low and foreign exchange re- China on economic, political, and security tion agreement with all parties is conserves high, Taiwan managed to post a 4.8% issues with the expectation that we can find a sidered an act of belligerency against GDP growth rate last year. common ground for solving the world’s prob- the United States and an aggression Mr. Speaker, the Taiwan Relations Act also lems. We need China’s support if we are upon the cause of peace in that part of speaks to the commitment of the United going to create an open international trading the world. States to support Taiwan’s Legitimate self-de- regime in which all countries benefit. We need We hope that by reaffirming this 20th fense needs and recognizes that Taiwan’s fu- China’s support if we are going to prevent the anniversary, that we can step forward ture must be decided by peaceful means only. proliferation of weapons of mass destruction. again with peace for another 20 years The resolution before us today notes that And we need China’s support if we are going and hopefully a new democratization cross-strait discussions are ongoing and urges to ensure that the Asian region remains process that will include all of China. the People’s Republic of China to renounce peaceful. Mr. BEREUTER. Mr. Speaker, I re- the use of force as a means. But as we seek to engage China and deep- serve the balance of my time. Mr. Speaker, the Taiwan Relations Act has en our relations with China, our search for Ms. JACKSON-LEE of Texas. Mr. Speaker, served the United States and Taiwan well as common ground should not come at the price I rise in support of this resolution, which ex- the policy framework that guides our relation- of our commitment to Taiwan’s democracy presses the sense of Congress that the United ship. I urge all my colleagues to recognize the and prosperity. I have urged and will continue States should reaffirm its commitment to the success of the TRA and to support the resolu- to urge the Administration to fulfill the commit- Taiwan Relations Act and the specific guaran- tion. ment it made in its 1994 Taiwan policy review Mr. BERMAN. Mr. Speaker, I rise in strong tees for the provision of legitimate defense ar- to seek membership for Taiwan in appropriate support of H. Con. Res. 56, a resolution com- ticles. international organizations. Taiwan’s singular memorating the 20th anniversary of the Tai- The Taiwan Relations Act of 1979 linked the political and economic achievements give it wan Relations Act and reaffirming Congres- security interests of Taiwan to those of the the potential to play a tremendous constructive United States. Since the adoption of this Act, sional support for that law. For many years, I have been a strong sup- role in the international community. Taiwan the United States has made available to Tai- porter of the Taiwanese people. In the last has offered to assist its neighbors in the re- wan those articles necessary for its self-de- Congress, I was proud to have cosponsored cent Asian financial crisis. It could play more fense. legislation urging Taiwan’s membership in the of a role if given the chance. In 1996, China displayed a show of force in World Health Organization and a resolution I would urge special consideration be given the Taiwan Strait, it was not just the people of calling on Beijing to renounce the use of force to finding a role for Taiwan in the World Bank, China and Taiwan that were ill at ease, but it in the Taiwan Strait. This year I look forward International Monetary Fund, and World was unsettling for the entire region. The bal- to playing a role in additional Congressional Health Organization. But this year I think spe- ance of power in the Taiwan Strait has been efforts to demonstrate America’s continued cial emphasis should be placed on gaining of concern to the Congress. I have grave con- strong support for Taiwan. Taiwan’s membership in the World Trade Or- cerns over China’s military modernization and Taiwan’s transition to a democratic state ganization. weapons procurement program. China’s bal- with a vibrant free market economy continues There has been much talk in recent weeks listic missile capability and the deployment of to be the rock on which Congressional support about the conclusion of a WTO accession these systems poses a present danger to the is based. Nothing in Asia has been more agreement with China. I think we would all future stability in Asia. There is little doubt that spectacular than the rapid, democratic political welcome a solid commitment by China to the fragility of this situation poses a significant evolution in Taiwan. the formation of the oppo- open its economy to fair trade and investment, threat to the stability of the Pacific rim and to sition Democratic Progressive Party in 1986, but if such an agreement is not forthcoming, I American interests in the region. President Chiang Ching-kuo ending martial think we should no longer hesitate to conclude The Taiwan Relations Act was enacted by law in 1987, President Lee Teng-hui’s ending an agreement with Taiwan. From all reports, Congress to promote the American relation- the state of civil war with China and the spe- Taiwan is just sentences away from com- ship with Taiwan and to ensure that the future cial emergency powers which controlled dis- pleting the requirements for a WTO accession of Taiwan would be determined by peaceful sent in Taiwan in 1991, and electing a new agreement with the United States. We should means. I understand that the relationship Tai- National Assembly in 1992 were all dynamic move rapidly to dot the ‘‘I’s’’ and cross the wan and the Chinese government is a tense milestones on the road to Taiwan’s complete ‘‘t’s’’ for concluding the agreement and then one. Rather than taking sides between the two political reformation. Since then, elections, in- press the other states to admit Taiwan even if governments, this resolution seeks to reduce cluding last December’s legislative and munic- China is not yet ready. If China does not want that tension by asking China to abstain from ipal elections, have further demonstrated the to be part of the international trading commu- the use of military force in resolving the dis- political sophistication of the Taiwanese elec- nity, that is China’s problem. It is not Taiwan’s! pute. torate. And China should not be allowed to prevent I encourage the President to express to The emergence of a democratic Taiwan is Taiwan’s entry into the WTO. China our concerns for the stability of the re- one of the most encouraging developments in Just as it made no sense for the United gion, and the importance that any dispute be Asia, demonstrating to other states in the re- States to pretend that China did not exist dur- resolved in a peaceful manner. gion which still linger under the control of one ing the Cold War, it is equal nonsense to pre- Mr. ACKERMAN. Mr. Speaker, I rise in man or one party that the people can rule for tend that Taiwan does not exist in the post strong support of H. Con. Res. 56, commemo- themselves. Taiwan’s success in managing Cold War period. rating the 20th anniversary of the Taiwan Re- the turbulence of last year’s Asian economic As a senior member of the House Inter- lations Act. crisis provides additional testimony to the national Relations Committee and as a Mem- Mr. Speaker, the Taiwan Relations Act has strength of its institutions and people. ber on the Asia and Pacific Subcommittee, I provided a stable foundation for peace and se- Last year’s elections sent a strong signal to promise to do everything I can to see that Tai- curity in the Taiwan strait for 20 years. Since Beijing that a change in relations between Tai- wan and the Taiwanese people are not forgot- 1979, when the Taiwan Relations Act was wan and China cannot be imposed by China’s ten by the international community. passed, Taiwan has grown into a full fledged, self-appointed rulers. I believe that China Mr. FALEOMAVAEGA. Mr. Speaker, I rise multi-party democracy with a free press and should renounce the use of force as a means in support of the legislation before the House, respect for human rights. to bring about unification. which commemorates the 20th anniversary of Additionally, the TRA has served both the I applaud the high level dialogue which has the Taiwan Relations Act (TRA) while reaffirm- United States and Taiwan well as the frame- resumed between Taiwan and China. As we ing the strong commitment of the United

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00058 Fmt 0688 Sfmt 9920 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5301 States to provide for the legitimate defense Mr. Speaker, in citing in part to the Taiwan censure Albert Makashov were blocked by needs of Taiwan under the TRA. issue, there is growing sentiment in Wash- members of the Communist Party; I commend the author of the resolution, the ington bent on portraying China as the major Whereas in December 1998, the chairman of the Duma Security Committee and Com- gentleman from New York, Mr. GILMAN, Chair- enemy of and security threat to the United man of the House International Relations munist Party member, Viktor Ilyukhin, States. I do not support this view, as it is un- blamed President Yeltsin’s ‘‘Jewish entou- Committee, and the Democratic Ranking necessarily alarmist and runs the risk of poi- rage’’ for alleged ‘‘genocide against the Rus- Member, Mr. GEJDENSON, for moving this im- soning our longterm relationship with the PRC sian people’’; portant resolution to the floor. I also recognize while undercutting our mission to integrate Whereas in response to the public outcry the Chairman and Democratic Ranking Mem- China as a responsible member of the inter- over the above-noted anti-Semitic state- ber of the House International Relations Sub- national community. ments, Communist Party chairman Gennadi committee on Asia-Pacific Affairs, Mr. BEREU- Nonetheless, Mr. Speaker, I am glad that Zyuganov claimed in December 1998 that TER and Mr. LANTOS, as well as Mr. ROHR- the United States has demonstrated in recent such statements were a result of ‘‘confusion’’ between Zionism and ‘‘the Jewish question’’; ABACHER, for their substantial contributions to years that the use of force by China against and formulation of the resolution. I am honored to Taiwan will not be tolerated. The legislation Whereas during the Soviet era, the Com- join my colleagues on the House International before us reaffirms that fact, and the central munist Party leadership regularly used Relations Committee as a co-sponsor in sup- role that the Taiwan Relations Act has played ‘‘anti-Zionist campaigns’’ as an excuse to port of House Concurrent Resolution 56. and will continue to play in ensuring U.S. com- persecute and discriminate against Jews in Mr. Speaker, the United States has had a mitment that Taiwan’s status will be resolved the Soviet Union: Now, therefore, be it long, close and enduring relationship with Tai- peacefully by the governments on both sides Resolved by the House of Representatives (the wan dating back to the end of World War II. Senate concurring), That the Congress— of the Taiwan Strait. (1) condemns anti-Semitic statements With our support, Taiwan has risen from the Mr. Speaker, I strongly urge our colleagues region’s ruins of war to become one of the made by members of the Russian Duma; to support the resolution before us. (2) commends actions taken by members of world’s strongest economies and most vibrant Mr. LANTOS. Mr. Speaker, I yield the Russian Duma to condemn anti-Semitic democracies in Asia. back the balance of my time. statements made by Duma members; Clearly, Mr. Speaker, the people of Taiwan Mr. BEREUTER. Mr. Speaker, I urge (3) commends President Yeltsin and other must be congratulated for the outstanding ac- all my colleagues to support H. Con. members of the Russian Government for con- complishments of their thriving and prosperous Res. 56, and I yield back the balance of demning anti-Semitic statements made by democracy of 22 million people. All Americans my time. Duma members; and should take pride in and share the achieve- The SPEAKER pro tempore. The (4) reiterates its firm belief that peace and ments of our close friends. justice cannot be achieved as long as govern- question is on the motion offered by ments and legislatures promote policies At the heart of the relationship between Tai- the gentleman from New York (Mr. wan and the United States is the Taiwan Rela- based upon anti-Semitism, racism, and xeno- GILMAN) that the House suspend the phobia. tions Act, which for two decades has laid the rules and agree to the concurrent reso- foundation for peace and stability in the Tai- The SPEAKER pro tempore. Pursu- lution, House Concurrent Resolution ant to the rule, the gentleman from wan Strait. 56. When the security of our friends in Taiwan New Jersey (Mr. SMITH) and the gen- The question was taken. was threatened by the People’s Republic of tleman from California (Mr. LANTOS) Mr. LANTOS. Mr. Speaker, on that I each will control 20 minutes. China (PRC) in Spring of 1996, I supported demand the yeas and nays. the Clinton Administration in sending the Nim- The Chair recognizes the gentleman The yeas and nays were ordered. from New Jersey (Mr. SMITH). itz and Independence carrier groups to the The SPEAKER pro tempore. Pursu- GENERAL LEAVE Taiwan Strait to maintain peace. China’s mis- ant to clause 8 of rule XX and the Mr. SMITH of New Jersey. Mr. sile tests and threatened use of force con- Chair’s prior announcement, further Speaker, I ask unanimous consent that travened the PRC’s commitments under the proceedings on this motion will be all Members may have 5 legislative 1979 and 1982 Joint Communiques to resolve postponed. Taiwan’s status by peaceful means. The Joint days within which to revise and extend Communiques, in concert with the Taiwan Re- f their remarks on H. Con. Res. 37. lations Act, lay the framework for our ‘‘One CONCERNING ANTI-SEMITIC The SPEAKER pro tempore. Is there China’’ policy, which fundamentally stresses STATEMENTS BY MEMBERS OF objection to the request of the gen- that force shall not be used in resolution of the THE DUMA OF THE RUSSIAN tleman from New Jersey? Taiwan question. It is clearly in the interests of FEDERATION There was no objection. Mr. SMITH of New Jersey. Mr. the United States and all parties that the obli- Mr. SMITH of New Jersey. Mr. gation continues to be honored. Speaker, I yield myself such time as I Speaker, I move to suspend the rules may consume. Today, reports indicate that China has be- and agree to the concurrent resolution tween 150 to 200 M–9 and M–11 ballistic mis- Mr. Speaker, H. Con. Res. 37 con- (H. Con. Res. 37) concerning anti-Se- demns anti-Semitic statements made siles in its southern regions facing Taiwan, mitic statements made by members of and has protested U.S. efforts assisting Tai- by members of the Russian Duma and the Duma of the Russian Federation, wan’s defense as a violation of China’s sov- commends actions taken by fair-mind- as amended. ed members of the Duma to censure the ereignty. To pre-empt any Theater Missile De- The Clerk read as follows: fense (TMD) that might be deployed in the fu- purveyors of anti-Semitism within ture, China is expected to increase these mis- H. CON. RES. 37 their ranks. H. Con. Res. 37 further sile batteries to over 650. Whereas the world has seen in the 20th cen- commends President Yeltsin and other Mr. Speaker, I find this situation unfortunate tury the disastrous results of ethnic, reli- members of the Russian Government and ironic, as China has legitimate sovereignty gious, and racial intolerance; for their rejection of such statements. Whereas the Government of the Russian interests to preserve with Taiwan, yet is pro- Federation is on record, through obligations Finally, this resolution reiterates the viding the very justification for U.S. defensive freely accepted as a participating state of firm belief of the Congress that peace intervention under the Taiwan Relations Act. If the Organization on Security and Coopera- and justice cannot be achieved as long China truly desires to stop Taiwan from being tion in Europe (OSCE), as pledging to ‘‘clear- as governments and legislatures pro- included in plans for a U.S. Theater Missile ly and equivocally condemn totalitarianism, mote policies or let stand destructive Defense system for the Asia-Pacific region, racial and ethnic hatred, anti-Semitism, remarks based on anti-Semitism, rac- then it should take immediate steps to defuse xenophobia and discrimination against ism, and xenophobia. the crisis by scaling back its present deploy- anyone . . .’’; Mr. Speaker, with the fall of the Whereas at two public rallies in October ruble last August and the associated ment of ballistic missiles facing Taiwan, re- 1998, Communist Party member of the Duma, suming the Cross-Strait Dialogue between Albert Makashov, blamed ‘‘the Yids’’ for economic problems in Russia, there has Beijing and Taipei, and exerting influence with Russia’s current problems; been a disturbing rise in anti-Semitic North Korea to curb development and pro- Whereas in November 1998, attempts by statements by high Russian political liferation of long-range missile technology. members of the Russian Duma to formally figures. Unfortunately, anti-Semitism

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 5302 CONGRESSIONAL RECORD—HOUSE March 23, 1999 has always had a certain following in upon parliamentarians throughout the recognize that racism and anti-Semi- Russia; and it would be disingenuous of world to protest in no uncertain terms tism have no place in the modern Rus- us to suggest that there is no anti- the position of the Communist Party sian society. Semitism in the United States or other and its anti-Semitic leaders. Let us This issue, Mr. Speaker, is very high parts of the world. But I believe we make that a priority for us today, to on the agenda of our administration. cannot remain silent when members of censure, to speak out so that the demo- Secretary Albright raised the matter the national legislature of Russia, a cratic forces in Russia, the decent peo- during her recent trip to Moscow, and participating state of the OSCE and ple who are trying to create a civil so- in a few hours when Vice President the Council of Europe, should state at ciety in Russia, are not silenced by Gore will be meeting with Prime Min- a Duma hearing, as did the chairman of these demagogues of hate. ister Primakov, who is about to land, the Duma Security Committee, Mr. I urge strong support for this resolu- he will raise this issue as one of the Ilyukhin, that Russian President tion. We must go on record. most important issues of their upcom- Yeltsin’s ‘‘Jewish entourage’’ is re- Mr. Speaker, I reserve the balance of ing discussions. sponsible for alleged genocide against my time. I strongly urge all of my colleagues the Russian people. Mr. LANTOS. Mr. Speaker, I yield to support H. Con. Res. 37. It is an affront to human decency myself such time as I may consume. I Mr. Speaker, I reserve the balance of that Duma member and retired General rise in strong support of H. Con. Res. my time. Albert Makashov, speaking twice in 37. Mr. SMITH of New Jersey. Mr. November 1998 at public rallies, should First, Mr. Speaker, let me congratu- Speaker, I yield myself such time as I refer to ‘‘the Yids’’ and other ‘‘reform- late my good friend from New Jersey may consume. I want to thank my ers and democrats’’ as responsible for who has taken the initiative in submit- good friend for his kind comments. Russia’s problems and threaten to ting this most important resolution, This is another one of those vitally im- make a list and ‘‘send them to the and let me identify myself with every portant human rights issues where other world.’’ single one of his comments. we—Democrat, Republican, conserv- Mr. Speaker, this man, and I have Mr. Speaker, this afternoon, the ative, moderate and liberal—are speak- seen a tape recording of him, as a mat- United States is considering the possi- ing with one voice. Our friends in the ter of fact I played it at a Helsinki bility of taking military action in Duma and other freedom-loving people Commission hearing that I chaired last Kosovo which ultimately would be the need to know that, that we speak out January, has said, ‘‘We will remain result of racial, ethnic and religious boldly and forcefully against anti-Sem- anti-Semites and we must triumph.’’ hatreds. In this century, we have seen itism. These are dangerous, hate-filled senti- too many expressions of extreme ra- The gentleman from California (Mr. ments. cial, religious and ethnic statements LANTOS) remembers in the last Con- Mr. Speaker, it should be noted and leading to actions of persecution and gress I chaired a hearing in our sub- clearly stated that President Yeltsin discrimination and ultimately to geno- committee on the alarming rising tide and his government have condemned cide not to be painfully aware of the of anti-Semitism in Russia. Even then anti-Semitism and other expressions of significance of statements of hate and we saw the disturbing signs that anti- ethnic and religious hatred. violence being uttered in halls of par- Semitism was bad and getting worse. It liament. We clearly cannot ignore the has become even worse than that in the 1445 b anti-Semitic statements emanating last few months. We need to speak out There have been attempts in the from some quarters of the Russian very, very forcefully. I want to thank Duma to censure anti-Semitic state- Duma. him for his great comments. ments and those who utter them. How- Words are powerful, Mr. Speaker, and Mr. Speaker, I yield such time as he ever, the Duma is controlled, as we all they have consequences. They can in- may consume to the gentleman from know, by the Communist Party, where cite action. Words are usually the first California (Mr. ROHRABACHER). anti-Semitic statements are either step in a chain of events leading ulti- Mr. ROHRABACHER. Mr. Speaker, I supported, or at least tolerated, and mately to genocide. The words that we rise to strongly support this resolution these attempts to censure have failed. have heard from some Duma members and to send a message that public offi- So we must go on the record and cen- should outrage every civilized person cials making anti-Semitic statements, sure. in this country and elsewhere. whether it is in Russia or anywhere In fact, Communist Party Chairman Our action must be to condemn such else, is unacceptable and it is some- Zyuganov has tried to rationalize anti- outrageous statements as our resolu- thing that we are noting here in the Semitic statements by fellow party tion does. But our resolution should United States and we will take action members. He explains that the party also commend those in Russia, includ- on these types of violations. has nothing against Jews, just Zion- ing President Yeltsin and some mem- We do not take public expressions of ism. He has also stated that there will bers of the Duma, who have spoken out anti-Semitism, of hatemongering of be no more anti-Semitic statements by against statements of hate. this kind, lightly. Anti-Semitism, as General Makashov. But this is the I might mention parenthetically, Mr. all ethnic-based hatred, is an ugly same Mr. Zyuganov who has asserted Speaker, that one of the most coura- threat that cannot be ignored, and if that, and I quote, ‘‘too many people geous human rights advocates of the we ignore it, we do so to our own jeop- with strange-sounding family names Duma, a courageous woman parliamen- ardy. The fact is, anti-Semitism and mingle in the internal affairs of Rus- tarian, was killed in cold blood in her this type of hate rhetoric has gotten sia.’’ And this is the party that claims apartment house just because she has out of hand in the past and it could get to inherit that internationalist mantle spoken out against incitement to ha- out of hand in the future if in any way of the old Communist Party. tred and murder. the civilized world refuses to take the Mr. Speaker, on January 15 of this As Russia struggles through a very actions that are necessary to make year, I chaired a Helsinki Commission difficult economic period, Russian sure that we quarantine it, that we hearing regarding human rights in leaders must be particularly cautious eliminate it, and that we condemn it Russia, at which time we heard testi- and careful not to promote with all of our strength. mony by Lyuda Alexeeva, a former So- scapegoating in their society. It is, I commend the gentleman from Cali- viet dissident and chairperson of the therefore, very heartening that some fornia (Mr. LANTOS) and the gentleman Moscow Helsinki Group. She testified Russian leaders, particularly President from New Jersey (Mr. SMITH) for pro- that the Russian people themselves are Yeltsin, have spoken out against in- viding leadership on this issue. These not anti-Semitic but that the Com- citement to hatred, persecution and ul- type of strong messages are heard. For munist Party is tolerating this crude timately murder. It shows that there the record, let me say a strong message attitude among its ranks. She called are some Russian leaders who clearly certainly is important, but for the

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5303 record I believe that we should warn For the people of my district, there is no op- Mr. GILMAN. Mr. Speaker, House Concur- Russia and others that we will not deal tion. Many are survivors or the descendants of rent Resolution 37 is an important statement with those racist and anti-Semitic offi- those who survived an era filled with events on an important issue. cials in Russia or anywhere else. For that we must never allow to be repeated. On this very day, Russian Prime Minister the record, I would suggest that the The recent surge of anti-Semitism in Russia Yevgenii Primakov is scheduled to be arriving American ambassador should warn is dangerously reminiscent of pre-Nazi Ger- in Washington for official meetings here. those public officials concerned that if many. Unfortunately, back home in his native Rus- those anti-Semitic statements do not While we are condemning words spoken by sia, a virulent, ugly anti-Semitism is on the end, there will be some action taken by Russian Duma members, we need to remem- rise. the United States, and that if they re- ber the effect just words have had in the past. Let me simply refer to the statements made peat these anti-Semitic statements, The anti-Semitic statements from the mem- by two members of the Russian parliament— perhaps the American ambassador bers of the Russian Duma scare me. They re- both of whom are members of the Russian should act to ensure that these public mind me of how easy it can be for history to Communist Party. officials not receive any visas to the repeat itself. These specific statements are the reason United States. I will put this on the We need to act now to condemn these why this House is considering this resolution record, that if indeed we hear more statements, to ensure that this country and the today. anti-Semitic statements coming out of world never forget and never allow hateful First, in October, Russian parliament mem- words to lead to hateful deeds. public officials in Russia, or, I might ber Albert Makashov said that the Jews in This resolution also commends President add, anywhere else in the world, I will Russia should be rounded up and: ‘‘sent to Yeltsin and other Russian Duma members, be happy to work with the gentleman the grave.’’ who have spoken out against these racist Makashov then went on to say in February from New Jersey and the gentleman statements. from California to put in a law that re- that Russian Jews were: Mr. PORTER. Mr. Speaker, I rise today in so bold, so impudent, because we’re sleep- quires our ambassadors to deny visas support of the gentleman from New Jersey’s to anyone who has made an anti-Se- ing. . . . It’s because none of us has yet resolution in bringing attention to anti-Semitic knocked on their doors or lll—I will omit mitic statement after being warned comments by members of the Russian Duma the word here out of courtesy to all those in that it is unacceptable. and condemning these comments. attendance—on their windows. That’s why The good people of Russia will be A deeply disturbing situation is currently un- they’re such snakes and acting so bold. strengthened by our message today. We folding throughout Russia. Anti-Semitism is at Second, in December, Viktor Ilyukhin, an- need to make sure that those good peo- all levels of Russian society. The rise in the other Communist member of parliament and, ple know that we are not blaming them neo-Nazi movement activity; anti-Semitic main fact, Chairman of its Security Committee, and that we want to work with them to terial readily available on the streets; the right stated that the Jews were responsible for a make sure that the evil elements in wing party blaming the Jewish Community for ‘‘genocide’’ of the Russian people and that: their society do not get the upper the current economic crisis are all eerily remi- the large-scale genocide would not have hand. There is a good way to determine niscent of earlier, horrific times. Such rhetoric been possible if Yeltsin’s entourage and the who an evil element is in a society. propagating ethnic hatred must be stopped. country’s previous governments had con- Certainly it is easy to tell when you This anti-Semitic reign of terror is occurring sisted mainly of members of the indigenous see those are the people who are mak- in communities across Russia. Jews in towns peoples rather than members of the Jewish ing anti-Semitic and racist and hate- such as Borovichi and Krasnodar have to nation alone. filled remarks and trying to build ani- watch television adds urging citizens to ‘‘take The leader of the Russian Communist Party, mosity from one group to another up arms and kill at least one Jew a day,’’ walk Gennady Zyuganov, refused to stand up to based on their race, their religion or past posters that read ‘‘Jews are garbage’’ this flagrant anti-Semitism in his party’s ranks, their ethnic background. If Russia is to and receive letters threatening them with and instead tried to blame ‘‘haters of Russia’’ be part of the civilized world, then death if they do not leave Russia. All the for ‘‘trying hard to force the so-called Jewish anti-Semitism cannot be part of the while, the local law officials request that the Question on us.’’ public officials’ dialog in that country. matter be disregarded. Last week, I sent letters to Secretary of If Russia wants to be part of the west- Unfortunately, these actions are not limited State Albright and Russian Prime Minister ern democracies and wants to build to small communities. In Moscow this winter, Primakov—and I joined with other Members of their country into an economic partner the ultra-nationalist Russia National Unity Congress in a letter to Vice President GORE— with the rest of the world, wants us to Party (RNU) held a demonstration in the stating my strong concern over such state- cooperate with them, they have got to streets with the group dressing in their mili- ments and over the vandalism done earlier earn our respect. We in this country do tant-style uniforms armed with swastika bands. this month to a synagogue in Novosibirsk in not respect anyone that permits this The RNU boasts 50,000 members located in Russia. type of hatred to be uttered by public twenty-four regions of Russia. The enactment of this concurrent resolution officials. These actions and statements of racial ha- would be an important, further step in dem- With that said, I stand in strong sup- tred are even more difficult to stem when they onstrating the Congress’ concern. port of this resolution and add my are being encouraged by people at the highest I believe it would be helpful to all those put voice to those of the gentleman from level of the Russian government. Not only has at risk in Russia by this anti-Semitism if the California and the gentleman from New General Albert Makashov blamed the current House today were to pass this resolution and Jersey. economic crisis on the Jews, he advocates es- send a clear message of our concern to Rus- Mr. SMITH of New Jersey. Mr. tablishing a quota for the number of Jews al- sian Prime Minister Primakov during his Speaker, I thank my friend for his very lowed in Russia. The Duma has failed to cen- scheduled visit here. eloquent statement and for reminding sure General Makashov for his comments call- I support the measure and commend our us that there is no welcome mat for ing for the death of Jews and the Communist colleague, Congressman SMITH, for spon- purveyors of hate in this country. We party fails to condemn or discipline him in any soring it. will take him up on that. I think it is way. Mr. SMITH. Mr. Speaker, I have no a very valid suggestion, I say to my President Boris Yeltsin has condemned further requests for time, and I yield friend. General Makashov and others who have back the balance of my time. Ms. SCHAKOWSKY. Mr. Speaker, I am made similar comments, and for that I applaud Mr. LANTOS. Mr. Speaker, I want to proud that this Congress today has decided him. Peace and justice will not reign in the commend my friend from California. not to overlook the anti-Semitic statements world until governments at all levels stand up Mr. Speaker, I have no further re- made by members of the Russian Duma. Anti- against policies and practices promoting anti- quests for time, and I yield back the Semitism is on the rise in Russia. The resolu- Semitism and racism. We in Congress must balance of my time. tion we are considering today demonstrates not allow the current efforts attempting to The SPEAKER pro tempore (Mr. our concern and our commitment to stop this weaken religious freedoms in Russia to suc- BASS). The question is on the motion trend. ceed at any level. offered by the gentleman from New

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Jersey (Mr. SMITH) that the House sus- plied for the CRCPLUS endorsement that is Mr. Speaker, I reserve the balance of pend the rules and agree to the concur- equivalent to or less than the level of feder- my time. ally reinsured coverage that the producer ap- rent resolution, House Concurrent Res- b 1500 olution 37, as amended. plied for from the insurance provider that offered the CRCPLUS endorsement; and Mr. STENHOLM. Mr. Speaker, I yield The question was taken. (2) transfer to any approved insurance pro- Mr. LANTOS. Mr. Speaker, on that I myself such time as I may consume. vider any federally reinsured coverage pro- Mr. Speaker, I rise in strong support demand the yeas and nays. vided for other agricultural commodities of for House passage of H.R. 1212. I want The yeas and nays were ordered. the producer by the same insurance provider to commend my colleague from Arkan- The SPEAKER pro tempore. Pursu- that offered the CRCPLUS endorsement, as sas (Mr. BERRY) for all of the work he ant to clause 8 of rule XX and the determined by the Corporation. has done on this legislation. The bill Chair’s prior announcement, further The SPEAKER pro tempore. Pursu- offers a no-cost solution to a problem proceedings on this motion will be ant to the rule, the gentleman from created by the interaction between postponed. Texas (Mr. COMBEST) and the gen- Federal crop insurance and the private tleman from Texas (Mr. STENHOLM) f insurance industry. each will control 20 minutes. Mr. Speaker, crop insurance law and REPORT ON HOUSE CONCURRENT The Chair recognizes the gentleman regulations provide definitive dates for RESOLUTION 68, CONCURRENT from Texas (Mr. COMBEST). RESOLUTION ON THE BUDGET— Mr. COMBEST. Mr. Speaker, I yield the sale or cancellation of crop insur- FISCAL YEAR 2000 myself such time as I may consume. ance policies. The deadlines help to protect the taxpayer from costs associ- Mr. SHAYS (during consideration of Mr. Speaker, I rise to offer a bill, ated with adverse selection. Without House Concurrent Resolution 37) from H.R. 1212, with an amendment. This bill’s timely passage is critical to thou- firm deadlines, producers could wait the Committee on the Budget, sub- until the growing season has committed a privileged report (Rept. No. sands of American farmers who may otherwise be unable to buy appropriate menced, make an assessment as to 106–73) on the concurrent resolution (H. their likelihood of harvesting a good Con. Res. 68) establishing the congres- levels of insurance on their 1999 crops. The amendment to the bill is non- crop, and then those who had a good sional budget for the United States crop would decline crop insurance and Government for fiscal year 2000 and controversial and technical in nature. Importantly, H.R. 1212, as amended, those likely to have a loss purchase it. setting forth appropriate budgetary Sales closing dates help prevent bad in- levels for each of fiscal years 2001 enjoys bipartisan support in the Con- gress, the administration’s backing and surance outcomes and excessive tax- through 2009, which was referred to the payer cost at the same time. Union Calendar and ordered to be does not cost the U.S. Treasury any money. I am pleased to be joined by the Mr. Speaker, this year many pro- printed. committee’s ranking member, the gen- ducers purchased a Federal crop insur- f tleman from Texas (Mr. STENHOLM); ance policy known as Crop Revenue PROTECTING PRODUCERS WHO AP- chairman of the Subcommittee on Risk Coverage, CRC, based on the belief that PLIED FOR CROP REVENUE COV- Management, Research, and Specialty a related policy known as CRCPlus ERAGE PLUS SUPPLEMENTAL Crops, the gentleman from Illinois (Mr. would be available under certain terms. ENDORSEMENT FOR 1999 CROP EWING); the gentleman from California The CRCPlus enhancement policy, YEAR (Mr. CONDIT); the gentleman from Ar- while it modifies a producer’s insur- kansas (Mr. BERRY); the gentleman ance coverage, is not approved, not Mr. COMBEST. Mr. Speaker, I move backed and not regulated by the Fed- to suspend the rules and pass the bill from Louisiana (Mr. COOKSEY); and the gentleman from Louisiana (Mr. JOHN) eral Government. (H.R. 1212) to protect producers of agri- Mr. Speaker, after the Federal dead- cultural commodities who applied for a in offering this legislation. The facts surrounding the need for line for sale or cancellation for the Crop Revenue Coverage PLUS supple- this bill are complicated. But, in short, Federal CRC policy passed in many mental endorsement for the 1999 crop unless H.R. 1212 becomes law, thou- areas, the company offering CRCPlus year, as amended. sands of farmers, by no fault of their made an announcement that the terms The Clerk read as follows: own, will be left with three undesirable of the policy would be changed from H.R. 1212 choices, staying with crop insurance what many producers had applied for. Be it enacted by the Senate and House of Rep- policies that may not be economical Since some producers purchased their resentatives of the United States of America in for their operations, accepting cata- Federal CRC policies so that they could Congress assembled, strophic crop insurance that provides take advantage of CRCPlus, under the SECTION 1. CROP INSURANCE OPTIONS FOR PRO- very low coverage, or settling for no initial terms they have ended up with DUCERS WHO APPLIED FOR CROP insurance outcomes that differ from REVENUE COVERAGE PLUS. crop insurance at all. their intentions. (a) ELIGIBLE PRODUCERS.—This section ap- Mr. Speaker, leaving farmers in this plies with respect to a producer eligible for predicament is unacceptable. That is Mr. Speaker, the bill before us would insurance under the Federal Crop Insurance why I am offering H.R. 1212. H.R. 1212 is allow any producer who had applied for Act (7 U.S.C. 1501 et seq.) who applied for the straightforward. It provides a brief a CRCPlus policy to change their cov- supplemental crop insurance endorsement window of time up until April 12, 1999, erage under the Federal crop insurance known as Crop Revenue Coverage PLUS (rein which farmers who are in this pre- program. In order to guard against ferred to in this section as ‘‘CRCPLUS’’) for dicament may buy new crop insurance. costs associated with adverse selection, the 1999 crop year for a spring-planted agri- The bill also permits affected farmers the bill provides that a producer may cultural commodity. to transfer certain policies during the only change to a federally-backed pol- (b) ADDITIONAL PERIOD FOR OBTAINING OR icy that provides equivalent or lower TRANSFERRING COVERAGE.—Notwithstanding same period of time. The bill in no way the sales closing date for obtaining crop in- interferes with private contracts. coverage. In addition, the bill provides surance coverage established under section While this bill is limited to providing a date certain after which these 508(f)(2) of the Federal Crop Insurance Act (7 immediate relief from a current prob- changes could no longer be made. With U.S.C. 1508(f)(2)) and notwithstanding any lem, I want to assure my colleagues these provisions CBO estimates that other provision of law, the Federal Crop In- that the committee expects to thor- the bill will not increase program cost. surance Corporation shall provide a 14-day oughly examine the underlying issues Mr. Speaker, this bill provides a fair period beginning on the date of enactment of that led to this problem as we work to opportunity for producers to make ad- this Act, but not to extend beyond April 12, justments to changes and cir- 1999, during which a producer described in improve the crop insurance program subsection (a) may— for this year. cumstances which were beyond their (1) obtain from any approved insurance Mr. Speaker, I would ask my col- control. I thank the chairman of the provider a level of coverage for the agricul- leagues to support H.R. 1212, as amend- committee and other Members for re- tural commodity for which the producer ap- ed, and urge its timely passage. sponding quickly to this situation.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5305 Again, I commend the gentleman from Mr. COMBEST. Mr. Speaker, I yield dent for signature, which has been vir- Arkansas (Mr. BERRY) for his efforts, myself such time as I may consume. tually assured, so that this matter and I urge my colleagues to vote for Mr. Speaker, this is the bill, H.R. could be dealt with this week, prior to passage of this bill. 1212, that led to the need to bring this the time that the Congress leaves for Mr. Speaker, I reserve the balance of up in a very expeditious fashion. As the its Easter break, and that these farm- my time. gentleman from Arkansas (Mr. BERRY) ers can be making these decisions. Mr. COMBEST. Mr. Speaker, I yield very well pointed out, it is a dilemma But again I want to emphasize the as much time as he may consume to which is very unfortunate in that it oc- fact that we will look very carefully at the gentleman from Louisiana (Mr. curred. One of the in-depth processes the conditions that led up to this par- COOKSEY) who is a member of the com- that the Committee on Agriculture is ticular problem, in trying to make for mittee. currently going through is looking how certain that farmers can be assured in Mr. COOKSEY. Mr. Speaker, H.R. we might substantially improve the the future, as this crop insurance pro- 1212 provides a window of opportunity crop insurance program for coming gram is revised and reformed, that in for hard-working farmers all over the years; failing that, a risk management fact this is not a situation which they United States, but particularly hard- tool, a very strong, adequate, sufficient would have to be concerned about, and working farmers that bought CRC Plus crop insurance program is something we will try to do everything we can insurance, to buy new insurance to pro- that most farmers and farm groups and from our committee to put into place tect their 1999 crops. Farmers who commodity groups across this country all of the safeguards that would be nec- bought this private CRCPlus policy as are suggesting that needs to take essary to protect those. a supplement to federally-approved place, that it is currently deficient in Mr. Speaker, I reserve the balance of policy have been harmed because the the pending farm legislation. my time. Mr. STENHOLM. Mr. Speaker, I yield coverage has been unilaterally reduced It is somewhat sad, I think, that this myself such time as I may consume, or altogether rescinded by the insur- has occurred primarily because one of and continuing in the light of the ance company. the ideals that we are trying to put for- statement of the gentleman from Texas While Louisiana farmers and other ward in considering crop legislation for (Mr. COMBEST), this particular problem farmers harmed in this situation can the future and a crop proposal for the that we are solving today with this leg- co-opt out of the CRCPlus policy and future and reform is to provide the op- islation is indicative of some other, the Federal policy, the Federal policy portunity for there to be some type of even larger problems associated with it supplements, these farmers are left adequate revenue assurance measure our current crop insurance program. with little to no insurance if they do so that is an option for farmers in which We are finding now that there is wide- because the last day to buy insurance to participate. Those farmers that have spread but not necessarily unanimous has come and gone. H.R. 1212 helps contacted the committee in the area in agreement that crop insurance as it is Louisiana farmers and other rice farm- which this primarily has occurred, in currently constituted, is inadequate to the southern part of the United States, ers who are harmed in this ordeal by meet the needs of our farmers and extending the time period to buy new obviously do not currently have a tre- ranchers around this country, and that crop insurance so that these farmers mendous amount of confidence in the is why I have been fully supportive of can buy the insurance coverage they program as it has worked there, and the gentleman from Texas’ efforts this need to protect their investment. while I would suspect that future crop year to make revenue insurance, crop Mr. STENHOLM. Mr. Speaker, I yield insurance programs and reform and insurance/livestock insurance, the such time as he may consume to the legislation that would provide an ade- number one priority of our House Agri- gentleman from Arkansas (Mr. BERRY). quate risk management from the rev- culture Committee this year, and I Mr. BERRY. Mr. Speaker, I thank enue assurance aspect is something think we are finding now that there is the gentleman from Texas (Mr. STEN- that would be very well accepted, I substantial agreement. HOLM) for yielding this time to me, and think it would probably be substan- I was in Crockett County, Tennessee I thank the chairman of the com- tially crafted differently than this is. yesterday with one of our colleagues, mittee, the gentleman from Texas (Mr. So, I want to ensure those farmers the gentleman from Tennessee (Mr. COMBEST) and also the ranking mem- out there who are in fact concerned TANNER), over 300 farmers there, in ber, the gentleman from Texas (Mr. about the process that, as I had indi- which there was substantial agreement STENHOLM) for their swift action re- cated in my opening statement, the that crop insurance needs to be im- garding this matter. committee will look very carefully at proved. And as we do this, I think it is I rise today because the farmers in the process that led up to the necessity important for our colleagues and all in- the First Congressional District of Ar- to pass this bill today in very short terested in this subject to realize that kansas and across the country have ba- order, in order to give those farmers an we are basically starting with a blank sically been victims. They have been opportunity to make some choices that sheet of paper. We are finding that ripped off by the old bait-and-switch of they went into with good faith, how- when we talk about crop insurance, an insurance company. We started get- ever after the end of the game, the that even those crops that have been ting calls about a month ago from rules were changed. We want to go covered, there are holes in the pro- farmers in our district that had been back and give them the fourth quarter gram. We also are finding that live- victims of this problem, and it has to be able to replay this and to bring stock producers have been left out as spread, Mr. Speaker, much beyond the into their own business decisions what- far as being even eligible to purchase First Congressional District of Arkan- ever works best for them, giving them coverage. sas. some options. One of the things that we are finding The problems farmers have had with We appreciate the fact that the de- now is that in light of the 1995–1996 the CRCPlus have gone on far too long, partment does support this concept, is farm bill that basically said to our pro- and it is time for us to provide a legis- willing to work with farmers trying to ducers, ‘‘produce for the market,’’ related remedy so that they can have the work through it, and because the dead- moval of a lot of government activity necessary insurance that is available lines that are imposed and the closing regarding agricultural production, that to them and give our farmers the op- dates to purchase crop insurance have, there was also a promise that we were tion to not be victims, and hopefully to in fact, expired, it is necessary to give going to free up world markets. And as keep other farmers from being victim- them that option up to, as I mentioned, we all know now, we have not been able ized by similar circumstances in the fu- April 12, as the bill does. We are cer- to pass Fast Track, we have had all ture. tainly hopeful that in a very expedi- kinds of difficulty in even getting the Mr. Speaker, I urge the passage of tious fashion the Senate would con- United States negotiators to the table the bill, H.R. 1212, Mr. Speaker, and I sider this legislation and get it down to in order to free up those markets so hope my colleagues will support it. the department or down to the Presi- that we might produce.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 5306 CONGRESSIONAL RECORD—HOUSE March 23, 1999 That has now led us to another situa- crop insurance policy provided primarily for H.R. 1212 gives Mississippi farmers, tion in which in the past crop insur- rice. Namely, ‘‘CRCPlus’’ is a supplemental in- and farmers throughout the country ance has been designed to care for surance product available only from America who have already been adversely af- weather-related disasters. We now are Agrinsurance (AmAg). This policy allowed pro- fected by this ordeal, a new window of beginning to know that currency ducers to increase their Crop Revenue Cov- opportunity to buy the insurance cov- changes, whole regions of countries, erage (CRC) revenue guarantee to provide a erage they need. when they have economic problems, it higher level of protection against major crop Mr. Speaker, American farmers bor- has affected our producers in ways in loss or a decline in market price. After the row more money each year and every which no one in this body anticipated sales closing date for federal crop insurance year than most of us borrow in a life- in the 1995–1996 area when we were policies had passed, AmAg changed the terms time, to plant a crop so that we can all passing this legislation. of the CRCPlus plan for producers that had enjoy low prices at the grocery store So I use this opportunity today to applied for the supplemental coverage. and so that the whole world can eat. say that this particular bill and the This situation, and the events that followed, Each and every year this is an incred- need for this bill today was caused in- has called into question the integrity of the ible gamble for each of the farmers, be- advertently by a misinterpretation, Federal crop insurance program. The good cause markets may not even provide misapplication of what some believe faith efforts made by farmers to hedge their these farmers enough to pay back their was current law. What we now have, risk by participating in the crop insurance pro- loans or cover their costs of produc- the task for us, ahead of us, is to see gram, combined with the actions of AmAg, tion. Worse yet, the weather could rob that we do provide a crop insurance, placed my rice farmers in a bad position— them of their crop completely. revenue assurance program that will be leaving them heavily and unnecessarily ex- H.R. 1212 offers our Nation’s farmers adequate for our producers, whether posed or having them pay higher premiums the chance they need to protect this they be crop, livestock or anyone in be- for coverage they could have received else- huge investment and gives them just a tween. That is the challenge, and we where. Allowing this situation to proceed is the little peace of mind. hope later this year or certainly early wrong message to send, especially at a time Mr. Speaker, I urge my colleagues to next year it would be my hope that we when many of us in Congress are attempting vote for this very timely and impor- would be able to bring comprehensive to strengthen the crop insurance programs. tant piece of legislation. legislation to the floor of the House Passage of this legislation will reopen the I also want to join with my col- dealing with this particular problem. time period during which farmers who applied leagues to say that this is just an in- With those comments, Mr. Speaker, I for CRCPlus insurance may buy additional terim fix, that the long-term crop in- yield such time as he may consume to federal crop insurance. This is intended to surance reform for a comprehensive so- the gentleman from Louisiana (Mr. allow farmers who were affected by the deci- lution is coming, and we need to all JOHN). sions of AmAg concerning CRCPlus to adjust work with the same type of bipartisan Mr. JOHN. Mr. Speaker, I would like their crop insurance policies and obtain sub- consensus and effort to fix the under- to also extend my thanks to the rank- stitute insurance. Under this measure, these lying problem of an inadequate crop in- ing member, the gentleman from farmers would be eligible to buy federal crop surance program. I look forward to Texas, and also the chairman of the insurance from other federally-approved insur- working with my colleagues on this Committee on Agriculture who have ers, with coverage up to the level of protection and the long-term solution in the days brought this measure in an expeditious they would have had under the original to come. manner to us. This is a very important CRCPlus policy in which they had applied. Mr. MINGE. Mr. Speaker, I rise today in piece of legislation for the district of These farmers would also be allowed to support of H.R. 1212, a bill to protect pro- south Louisiana of which I represent, transfer to other insurers any basic federal ducers of agricultural commodities who apply the rice capital of the world. crop insurance they have obtained through for Crop Revenue Coverage PLUS supple- This is a situation that has cropped AmAg for other crops. up and that has occurred by no fault of Without this legislation, farmers would not mental endorsement of 1999 crop year. any of the producers, where they have only remain heavily exposed, but would also This legislation will provide relief to farmers acted in good faith to try to obtain the be less trustful of crop insurance reform in the throughout the United States, including farm- kinds of coverage they need, to make future. With this in mind, I urge Members to ers in Minnesota, who had applied for a spe- sure that they are covered for the prob- support H.R. 1212 and give the farmers the cific non-federal crop insurance policy whose lems that may incur similar to what legislative fix that they need to address their coverage level changed or was expected to happened last year. What this bill does, risk concerns. change after the sales closing date had very simply, is open the time in which Mr. COMBEST. Mr. Speaker, I yield passed. Without congressional intervention, the farmers could actually reapply for such time as he may consume to the these farmers would be forced to remain in fi- some insurance and some other feder- gentleman from Mississippi (Mr. PICK- nancially detrimental crop insurance policies ally-covered insurance to protect them ERING). for the 1999 crop year with little possibility for in this crop zone, so I urge final pas- recourse. In the current poor economic climate b 1515 sage of this piece of legislation that is for farmers, it is vitally important that we in so important and was not brought upon Mr. PICKERING. Mr. Speaker, I rise Congress do everything possible to provide by any of the producers’ fault at any today in support of H.R. 1212, offered by farmers with opportunities to maximize their point in time. my good friend, the chairman of the operations’ profitability. H.R. 1212 will, at no So I commend the gentleman from Committee on Agriculture, and I com- cost to the Federal Government, allow pro- Texas for bringing this legislation, mend him for his leadership on this ducers to change their crop insurance cov- again, and I urge strong support. issue. I also want to recognize the erage to products which will better serve their Mr. Speaker, I rise in strong support for ranking member, the gentleman from needs. H.R. 1212. I am a co-sponsor of this legisla- Texas (Mr. STENHOLM), as this is a bi- Given the increased importance of risk man- tion and I have worked constantly on this partisan effort to address a very crit- agement tools under the 1996 farm bill, I com- problem since it surfaced approximately one ical need for our American farmers. mend the chairman and ranking member of month ago. Today, through no fault of their own, the Agriculture Committee for bringing this Mr. Speaker, before discussing the merits of many hard-working Mississippi farmers matter before the House of Representatives this particular legislation, I would like to com- are left with crop insurance that does for a timely resolution. mend the Chairman and Ranking Minority not meet the needs of their farming op- Mr. STENHOLM. Mr. Speaker, I yield Member on the House Committee on Agri- erations or, even worse, they are left back the balance of my time. culture, Mr. COMBEST and Mr. STENHOLM, for with no crop insurance at all. I share Mr. COMBEST. Mr. Speaker, I yield their leadership in ensuring that this issue re- the chairman’s view that leaving farm- back the balance of my time. ceived the prompt attention that it deserves. ers in this predicament is unaccept- The SPEAKER pro tempore (Mr. We are here today, Mr. Speaker, because able, and gladly, H.R. 1212 fixes that LAHOOD). The question is on the mo- of a recent development concerning a private problem. tion offered by the gentleman from

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Texas (Mr. COMBEST) that the House Res. 121, the resolution under consider- justice and individual rights that to- suspend the rules and pass the bill, ation. gether form the bedrock of the Amer- H.R. 1212, as amended. The SPEAKER pro tempore. Is there ican republic. The question was taken; and (two- objection to the request of the gen- We need no reminder that bigotry thirds having voted in favor thereof) tleman from Pennsylvania? lives on in America. The heinous mur- the rules were suspended and the bill, There was no objection. der of James Byrd, Jr., shocked us all as amended, was passed. Mr. GEKAS. Mr. Speaker, I reserve with the graphic portrait of racism in A motion to reconsider was laid on the balance of my time. its most vile form. So this resolution the table. Mr. CONYERS. Mr. Speaker, I yield before us is not meant to be a mere re- myself such time as I may consume. minder, nor is it meant to single out f Mr. Speaker, this is an important for condemnation any one organization GENERAL LEAVE matter before us. I want to commend or individual. Mr. COMBEST. Mr. Speaker, I ask the gentleman from Florida (Mr. To be so particular would be to com- unanimous consent that all Members WEXLER) for causing this embarrassing mit a crime of omission by giving a may have 5 legislative days within substitute to be brought to bear. The pass to other groups that espouse prej- which to revise and extend their re- scheduling and the substance of this udiced, racist views, in effect saying marks on H.R. 1212, the bill just passed. resolution is an utter affront to all be- that their bigotry is not so offensive as The SPEAKER pro tempore. Is there lievers of civil rights and regular order to be worthy of our condemnation. The objection to the request of the gen- in the House of Representatives. I ap- Southern Poverty Law Center says tleman from Texas? peal to every Member to vote against that 537 hate groups exist in the United There was no objection. the underhanded processes involved in States. We cannot possibly condemn bringing H. Res. 121 to the floor this each bigoted organization, person or f afternoon. act individually. AFFIRMING THE CONGRESS’ OPPO- First, a word about bipartisan co- In any event, there is a better course SITION TO ALL FORMS OF RAC- operation, since we have all come back to take. Today we can make one sweep- ISM AND BIGOTRY from Hershey over the weekend. With- ing statement of principle that ac- out the courtesy of a simple phone call knowledges the existence of bigotry, Mr. GEKAS. Mr. Speaker, I move to from the chairman of the Committee condemns those who promote or prac- suspend the rules and agree to the reso- on the Judiciary, the gentleman from tice it, and affirms the rights of indi- lution (H. Res. 121) affirming the Con- Illinois (Mr. HYDE), this bill was dis- viduals of all races, religions and eth- gress’ opposition to all forms of racism charged from the committee with no nic backgrounds. and bigotry. hearing, no markup; another example Passing this resolution will not re- The Clerk read as follows: of how Committee on the Judiciary verse the horrible tragedy of James H. RES. 121 Democrats are still being treated un- Byrd’s death, nor will it directly pre- Whereas the United States of America has fairly at every turn of the process, not vent future tragedies of the same sort. been enriched and strengthened by the diver- even a single phone call. The leader- It will not eliminate the more subtle sity and mutual respect of its people; ship continues to mistreat what is al- but more common kind of bigotry that Whereas the injustices and inequities of rears its ugly head every single day, the past continue to demand our forceful most an equal number of Democrats as commitment, both as individuals and as an Republicans in the House. like when a man gets on a subway, institution, to equal justice under law and Secondly, this bill, I think, is in- when a man of a certain color gets on full opportunity for every American; tended to be serious but it is really just a subway car and instinctively sits Whereas a racist attack upon any group of a joke. A generalized, amorphous, next to the person of his color instead Americans is an affront to every one who meaningless resolution is an idea taken of a person of another color; or when a cherishes the promise of America and the from the gentleman from Florida (Mr. Jewish family on the block is not fully values that sustain our democracy; and WEXLER) and is now so watered down as accepted by some of their Protestant Whereas every Member of Congress has a neighbors; or when a Hispanic kid responsibility to foster the best traditions to be insulting. and highest values of this nation: Now, It is a cover for those Republicans walks into a store and is watched therefore, be it who do not want to condemn the Coun- under a suspicious eye. Resolved, That the House of Representa- cil of Conservative Citizens because so Let us also celebrate the great tives— many Republican leaders have been as- strides we have made as a Nation and (1) insists that no individual’s rights are sociated with this racist group. They as a people in moving toward a more negotiable or open to compromise; and have cloaked themselves in main- unified America. Let us salute great (2) reaffirms the determination of all its stream conservatism, but it is masking men and women like Frederick Doug- Members to oppose any individuals or orga- an underlying racist agenda. Its leader lass and Rosa Parks and John Lewis nizations which seek to divide Americans on the grounds of race, religion, or ethnic ori- is the former Midwest director of the and Abraham Lincoln and Dr. Martin gin; and White Citizens Council. Their web site Luther King, Jr., as well as the mil- (3) denounces all those who practice or pro- reads like something out of the Third lions of others whose names we do not mote racism, anti-Semitism, ethnic preju- Reich. know but whose efforts have torn down dice, or religious intolerance; and What are we doing here today? I urge many of the walls that far too long di- (4) calls upon all Americans of good will to that the Members vote ‘‘no’’ on this vided us. reject the forces of hatred and bigotry wher- resolution Every American must keep working ever and in whatever form they may be Mr. Speaker, I reserve the balance of toward that goal of a hate-free Amer- found. my time. ica. So today, in this Chamber, let us The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Without stand and be counted. Today let us con- ant to the rule, the gentleman from objection, the gentleman from Florida demn all forms of racial, religious and Pennsylvania (Mr. GEKAS) and the gen- (Mr. CANADY) will control the 20 min- ethnic prejudice. tleman from Michigan (Mr. CONYERS) utes on the majority side. Some will say this afternoon that be- each will control 20 minutes. There was no objection. cause this resolution did not name a The Chair recognizes the gentleman Mr. CANADY of Florida. Mr. Speak- certain group, did not specifically from Pennsylvania (Mr. GEKAS). er, I yield 5 minutes to the gentleman name certain groups, that this resolu- GENERAL LEAVE from Oklahoma (Mr. WATTS). tion has no bearing. Why do we make Mr. GEKAS. Mr. Speaker, I ask unan- Mr. WATTS of Oklahoma. Mr. Speak- racism and bigotry that small? What imous consent that all Members may er, hatred expressed through racial, re- happens is that if someone names a have 5 legislative days within which to ligious or ethnic prejudice is an affront certain group? Then someone else will revise and extend their remarks on H. to the institutions of freedom, equal offer a resolution to name another

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 5308 CONGRESSIONAL RECORD—HOUSE March 23, 1999 group, and then somebody will organize ‘‘blacks’’ will be a puppet on a string But since the gentleman mentioned another resolution to name another for us. The power is not out there in the names of these hate groups, why group. What we get, Mr. Speaker, we the gun, it is inside Congress. . .We’ve does the gentleman not put them in get a tit for tat, we get an eye for an got to do it from the inside.’’ the resolution? Why do we not just de- eye and tooth for a tooth. The CCC is a wolf in sheep’s clothing, bate them? Let me remind my colleagues what and with racially motivated crimes on The gentleman spoke about no one Dr. King said. He said when we have an the rise, it is imperative that Congress came to his defense. I would have loved eye for an eye and a tooth for a tooth, go on record exposing them for the big- to have come to the defense of the gen- it leaves America toothless and blind. ots they are. That is why the alter- tleman from Oklahoma (Mr. WATTS). Let us carry on the fight for an native resolution before us today is Mr. CANADY of Florida. Mr. Speak- America where Dr. King’s dream can empty. It gives lip service to con- er, I yield myself such time as I may become a reality, an America where demning racism, but it does not specifi- consume. freedom rings crisply in the ears of cally cite the CCC, nor does it Mr. Speaker, House Resolution 121, every member of our national family, strengthen our civil rights laws. It does which was introduced by the gen- and an America where equal justice nothing real. It offers cover, not con- tleman from Oklahoma (Mr. WATTS), and equal opportunity are no longer tent. affirms the opposition of the Congress mere goals but instead true hallmarks In 1994 when this Congress voted to all forms of racism and bigotry. The of our Nation’s character. Please sup- overwhelmingly to condemn the racist, resolution recognizes the grievous port this resolution. anti-Catholic, anti-Semitic speech of harm caused by racism, and emphasizes Mr. CONYERS. Mr. Speaker, I yield Khalid Abdul Muhammad of the Nation the responsibility of every Member of myself 10 seconds. of Islam, there was no outcry about Congress to foster the best traditions Mr. Speaker, I say to my good friend, singling out one man for criticism. and highest values of this Nation. At the heart of the American experi- the gentleman from Oklahoma (Mr. There was no rush to promote a generic ence is the ideal of respect for the dig- WATTS), who could not join the organi- statement about all racism, instead of nity of the individual set forth in the zation that he is covering up for, the identifying a specific and dangerous Declaration of Independence. All men speech that had outraged millions of Council of Conservative Citizens, if he are created equal, and are endowed by Americans. applied, that this is not tit for tat. their creator with certain unalienable So I guess what it all comes down to Mr. Speaker, I yield 5 minutes to the rights. gentleman from Florida (Mr. WEXLER), is that when it is a black person who is This ideal has never been more elo- a distinguished attorney and a member a racist it is okay for Congress to con- quently expressed than by Dr. Martin of the Committee on the Judiciary who demn him, but when it is a white per- Luther King, Junior. According to Dr. caused the Republicans to bring this son or a white group that is racist, King, the image of God ‘‘is universally forward. then Congress does nothing, and we be- shared in equal portions by all men. Mr. WEXLER. Mr. Speaker, the reso- come, as the chairman, the gentleman There is no graded scale of essential lution we are debating today is unfor- from Illinois (Mr. HENRY HYDE) said in worth. Every human being has etched tunately nothing but a sham because it 1994, accessories by silence, by inac- in his personality the indelible stamp subverts the intent of the 147 Repub- tion. of the Creator. . . The worth of an indi- lican and Democratic cosponsors of the I respectfully urge Members to vote vidual does not lie in the measure of Wexler-Clyburn-Forbes resolution. no on House Resolution 121. Let us his intellect, his racial origin, or his Our bipartisan resolution, House Res- bring House Resolution 35 to the floor social position. Human worth lies in re- olution 35, was introduced seven weeks for a meaningful vote. latedness to God. Whenever this is rec- ago, and confronts head-on the ghosts Mr. CANADY of Florida. Mr. Speak- ognized, ‘whiteness’ and ‘blackness’ of America’s past, condemning the rac- er, I yield 1 minute to the gentleman pass away as determinants in a rela- ism that has divided us as a Nation and from Oklahoma (Mr. WATTS). tionship, and son and brother are sub- exposing the insidious and hateful Mr. WATTS of Oklahoma. Mr. Speak- stituted.’’ agenda of the Council of Conservative er, I would just say to my friend, the Dr. King explicitly linked this view Citizens, the CCC. gentleman from Florida, that it is an of man and woman created in the The Watts resolution was introduced amazing thing to me that over the last image of God to the philosophical foun- just Thursday. It has, I understand, no 4 years when I have been attacked, dation of the United States. This is cosponsors. It confronts nothing. It was when I have had racist comments made what Dr. King says about the founda- rushed to the floor today without com- about me, my friend from Florida tion of America: mittee consideration. The Watts reso- never came to the floor and spoke up. ‘‘Its pillars were soundly grounded in lution is designed only to derail our The gentleman from Michigan, when the insights of our Judeo-Christian resolution and, if successful, hands the I have had racist attacks made against heritage: All men are made in the CCC an unconscionable victory. me by people in the white community image of God; all men are brothers; all Revealing the true identity of the back in Oklahoma, the State Democrat men are created equal; every man is Council of Conservative Citizens is the party back in Oklahoma, Slate maga- heir to a legacy of dignity and worth; right thing to do. The CCC attempts to zine, which is a national magazine, no every man has rights that are neither mask its hateful ideology by posing as one ran to the floor to condemn that. conferred by nor derived from the a mainstream conservative organiza- I think my resolution is much broad- state, they are God-given.’’ tion, but the racist agenda of this er. My resolution condemns the New These fundamental principles are at group is undeniable. The CCC has di- Order Knights of the Ku Klux Klan, the odds with any theory that distinctive rected its hatred towards millions of National Alliance, Aryan Nation, the human characteristics and abilities are Americans, African Americans, His- CCC. Anybody that advocates these determined by race. These principles panic Americans, Jewish Americans, racist, bigoted, vile views is condemned condemn any effort to reduce indi- homosexuals, immigrants and virtually in my resolution. vidual human beings to the status of all minorities. Mr. CONYERS. Mr. Speaker, I yield racial entities. myself 30 seconds. In this resolution, the House of Rep- b 1530 Mr. Speaker, I would let my good resentatives recognizes that anyone, or Listen, listen to what the leader of friend, the gentleman from Oklahoma any group, whether they are the Ku the CCC said about his group’s strat- (Mr. WATTS) know that I did not know Klux Klan, the Aryan Nation, or the egy. I will replace his use of the N word he was attacked. If he was attacked in Council of Conservative Citizens, which with the word ‘‘blacks.’’ his home area, it was by right-wing fails to honor and respect these prin- ‘‘The Jews are going to fall from the zealots that may have been in the ciples has attacked the very foundation inside, not from the outside, and the Council of Conservative Citizens. of our Republic.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5309 Mr. Speaker, I reserve the balance of In 1994, it has been noted that the demned groups such as the CCC, as I my time. Congress swiftly dealt with the hate- have and as I do. Yet, in those who rail Mr. CONYERS. Mr. Speaker, I yield mongering remarks of Khalid against anybody who might have inad- myself 13 seconds. Muhammed when he appeared before vertently spoken to this group, Mr. Speaker, as an original author of Kean College. Three hundred and sixty- strangely silent is any criticism re- the Martin Luther King holiday bill, one to 34, his bigotry and hatred was motely similar to the criticism leveled and one who worked and knew Dr. denounced on the Floor of this very at others if it just happens to be some- King, I am sure happy to see that at Chamber. body on their side of the aisle. least the other side has been reading The matter before us restates an op- So I would urge my colleagues on the about King and have appropriate position to bigotry and hatred that other side of the aisle to practice a lit- quotations to bring to this debate, should be evident. I might point out tle consistency, both with regard to falsely implying that he might not be that later on, this body will also deal those people who might have spoken to supporting what we are trying to do. with a specific reference to anti-Se- such groups that we all have and al- The gentleman ought to name the or- mitic comments made by the members ways will condemn, as well as a little ganizations. of the Russian Duma, so we do single consistency with regard to those Mr. Speaker, I am pleased to yield 4 out people when we feel they are groups that we do condemn, such as the minutes to the gentleman from New wrong. Unfortunately, the resolution CCC. York (Mr. MICHAEL FORBES), pointing fails to repudiate an organization that Arguing that one person should be out that he could not get time on the sought legitimacy by involving Mem- treated differently because of the color other side. Mr. FORBES. Mr. Speaker, I thank bers of this great institution. of their skin, the church in which they I would encourage reconsideration the gentleman for yielding time to me. worship, the country of their birth, it Mr. Speaker, the resolution before us and allow House Resolution 35 to repu- always has been, on this side of the belabors the obvious, that Congress is diate, as we hoped it would. aisle and on that side of the aisle, and opposed to racism and hatred. The peo- Mr. CANADY of Florida. Mr. Speak- always will be wrong. ple watching this debate must be er, I yield myself 30 seconds. Our country fought a great Civil War, scratching their heads thinking, but Mr. Speaker, I would respond to a as a matter of fact, over such prin- surely this most American of all Amer- couple of points made by the gen- ciples. Yet we still remain troubled ican institutions is already against tleman from Michigan. today by a small number of Americans racism and bigotry and the intolerant In quoting Dr. King, I did not mean who persist in arguing against a color- acts this that seek to divide us as a to imply that he would take one posi- blind society. Yes, those associated people. tion or another in the controversy be- with and under the label of the CCC do Certainly an integral part of the tween the two sides here today. I sim- that. We condemn them. I condemn charter of this place, it would seem evi- ply quoted him for the fundamental them. I join my colleague from Florida dent, is our basic, unadulterated oppo- proposition concerning the nature of in condemning them and my colleague sition to racism. So why this effort? racism and the nature of the political from Michigan in condemning them. The resolution before us denounces foundations of this country, and I be- I would certainly hope that they ‘‘all those who practice or promote rac- lieve that is something that all of us would believe in the sincerity of these ism, anti-Semitism, ethnic prejudice, could agree on. I hope that we all remarks delivered in these hallowed or religious intolerance.’’ It is a gen- would agree on it. I know that the gen- halls by myself, the same as I have eral statement by Congress against tleman from Michigan would agree done in writing, just the same as they racism and bigotry, where a specific with what Dr. King had to say, though believe it when one of their colleagues one is not only warranted but de- he may disagree with the way it was condemns a group they might have spo- manded. used. ken with, and found out later that they The need for a swift and sure con- I would also point out that the gen- harbor views that are abhorrent to the demnation of the activities of a spe- tleman from New York (Mr. FORBES) minority leader, the gentleman from cific group, in this case the Council of did not request time from this side, so Missouri (Mr. GEPHARDT), just as they Conservative Citizens, is necessary be- the statement that the gentleman are abhorrent to me. cause under the cloak of portraying made that the gentleman from New b 1545 itself as a Main Street grass roots or- York was unable to receive time from ganization dedicated to conservative this side is simply untrue. If the gen- So let us step back, practice a little ideals, the CCC further attempted to tleman had requested it, it would have bit of consistency, a little bit of fair- legitimatize itself by having Members been granted to him. No such request ness, and recognize that we have a of Congress appear before the group. was made. great deal in common in supporting Where its words and its rhetoric would Mr. Speaker, I yield 3 minutes to the this resolution today. never render this hate group credible, gentleman from Georgia (Mr. BARR). Maybe it does not go as far as some they sought to have Members of this Mr. BARR of Georgia. Mr. Speaker, I Members would like, but I do think very institution legitimatize their very thank the distinguished gentleman there is great merit in passing a resolu- illegitimate behavior. from Florida (Mr. CANADY), the chair- tion worded as the gentleman from It is worth noting that Members have man of the Subcommittee on the Con- Oklahoma (Mr. WATTS) has that goes denounced the group’s activities. The stitution, on which I am proud to far beyond simply condemning a spe- CCC has been noted as a direct out- serve, for yielding time to me. cific group and being silent on other growth of the White Citizens Council of Mr. Speaker, I think it is time to just groups. the fifties and sixties, known as the maybe sit back, stand back, take a These matters are too important. We White-Collar Clan. A glance at their deep breath, and think a little bit should support this. Condemn all racist web site, as we have heard previously, about the many things that we have in views on whichever side of the political shows they continue an allegiance to common on both sides of the aisle, and spectrum and put this matter to rest promoting anti-Semitic, racist rhetoric practice what is far too frequently right now once and for all. and ideas. lacking in this Chamber and in the sur- Mr. CONYERS. Mr. Speaker, I am When an organization or a group such rounding hallways, and that is a little pleased to yield 31⁄2 minutes to the gen- as the CCC attempts to misuse the bit of consistency. tleman from South Carolina (Mr. CLY- good offices of those who are elected to Mr. Speaker, the Minority Leader, BURN), chairman of the Congressional represent all the people, the Congress the gentleman from Missouri (Mr. GEP- Black Caucus. does have an obligation, I believe, to HARDT) spoke on at least two occasions Mr. CLYBURN. Mr. Speaker, I thank take decisive action against such to a predecessor group of the CCC, as- the gentleman from Michigan for yield- groups. sociated therewith. He has since con- ing me this time.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 5310 CONGRESSIONAL RECORD—HOUSE March 23, 1999 Mr. Speaker, I rise today in opposi- demning hatred and bigotry in all do not confront the real problem. I tion to this resolution, not because of forms. But I rise today with a certain think it is ironic that on the same day what it says, but because of what it amount of sadness about the nature of that we have a resolution, in essence, fails to say and because of the proce- this debate. If my colleagues do not condemning a member of the Duma for dure which brings this resolution to mind, I would like to talk in a personal antisemitic comments that we do not the floor and what that procedure says way about my family and life experi- do the same thing to confront racism to all Americans. ence as it comes to this issue and what in our own country. We are ready to Mr. Speaker, we have heard Dr. King my hope is for my service and my con- condemn it in Russia, but we are not quoted here pretty often today. I would tribution to this body. ready to condemn it here; and that is like to share with my colleagues an- In 1963, the day I was born, my father the tragedy of what we are doing other quote from Dr. King. Dr. King was elected as county attorney in today. wrote, as he sat in the Birmingham Jones County, Mississippi, one of the Mr. CANADY of Florida. Mr. Speak- city jail, that ‘‘we are going to be made most violent and turbulent places in er, I yield 30 seconds to the gentleman to repent in this generation, not just the country during the civil rights ini- from Oklahoma (Mr. WATTS). for the vitriolic words and deeds of bad tiative. During that period of time, he Mr. WATTS of Oklahoma. Mr. Speak- people, but for the appalling silence of testified against the Imperial Wizard of er, I would just say to the gentleman good people.’’ the KKK, Sam Bowers. from Wisconsin (Mr. BARRETT) that I I think that this resolution is silent In 1968, because of his stand against have felt racism. It is not fun. It is over what we are here to denounce the Klan and against the violence, and very uncomfortable. today. It is fine for us to reaffirm the because he testified against Sam Bow- So I would just say to the gentleman obvious, but I think that the Congress ers, he lost his next election. But I can from Wisconsin, I believe I know his must now condemn the kind of rhet- tell my colleagues that, as his son, I heart on this issue and I know that his oric, the kind of ideas, the kinds of am very proud of what he did during motives are true or that they are in thoughts that are being enunciated by that time. He left me a rich legacy, an the right place, but we are talking the Council of Conservative Citizens. example of courage. I hope I can do the about naming names. I would like for the gentleman from Wisconsin to name The gentleman from Oklahoma (Mr. same for my five boys. names as to who is uncomfortable with WATTS) has asked, why have we not de- In 1969, my first grade class was the fended him against certain similar in- first to be integrated in Mississippi. I stating that racism is wrong. Mr. CANADY of Florida. Mr. Speak- stances. The fact of the matter is I do want to be part of a new generation er, I yield 11⁄2 minutes to the gentleman not remember the gentleman from that brings reconciliation among our from New York (Mr. GILMAN). Oklahoma defending me when the races. Mr. GILMAN. Mr. Speaker, I thank Council of Conservative Citizens at- This debate today, I am afraid, is not the gentleman for yielding me this tacked me in my last two campaigns. about reconciliation, and it is not time. Probably he did not know I was at- about unity. It is about dividing. It is Mr. Speaker, I am pleased to offer my tacked. Of course we did not know he about personal destruction. It is about support to H. Res. 121 denouncing all was attacked either. partisan advantage. individuals and all organizations that The fact is, though, we are here with I hope we can all step back and look would seek to perpetuate hate against 150 cosponsors with a resolution that not only at the objective of racial rec- any groups or individuals. we have asked to be brought to this onciliation and condemning all bigotry We are all aware that there has been floor to give all of us an opportunity to and all hatred, but to see it this way, a dramatic increase in the number of express our views on this group of peo- that this House, that this body can hate crimes perpetrated against mi- ple. We have not been granted that op- come together in everything we do norities in the United States. Too often portunity. I do not see where this reso- with a true goal, a true purpose of rec- we hear in the news of acts of violence lution in any way takes away from onciliation, of unity. Then this country perpetrated against groups or individ- what we are attempting to do. and this House will be a better place uals simply because of their race or So, Mr. Speaker, I believe that we because of it. ethnicity. should be today condemning specific Mr. CONYERS. Mr. Speaker, I yield The recent incident in Jasper, Texas, expressions by a specific group, the myself 15 seconds. resulting in the tragic death of James Council of Conservative Citizens. I do Mr. Speaker, I was so moved by the Byrd, remains a strong reminder that not think that we can afford to ignore gentleman from Mississippi (Mr. PICK- Congress needs to address these kind of this kind of vile rhetoric in the climate ERING). Could the gentleman from Mis- crimes to ensure that those who com- in which we live, a climate of racial sissippi explain how racial conciliation mit them will be punished accordingly. profiling, a climate of ethnic bashing, a can come from the Council of Conserv- Many of us in the Congress who have climate of religious intolerance. It is ative Citizens, a racist group? witnessed such acts firsthand of big- time for us to speak up and stand up Mr. Speaker, I am delighted to yield otry, racism, and prejudice are deeply for those people that we are here to 1 minute to the gentleman from Wis- committed to doing all we can and all represent. consin (Mr. BARRETT). that is possible to diminish these acts Mr. Speaker, I remember the words Mr. BARRETT of Wisconsin. Mr. committed by people who utilize preju- of Martin Niemoller of Germany who Speaker, we all know why we are here. dice to spread an agenda of hate among once wrote: In Germany, first they We are here because of the Council of others simply because of differences of came for the Jews, and I did not speak Conservative Citizens, a racist group. race, color, or creed that may exist be- up because I was not Jewish. Then they This resolution does not speak to that. tween them. came for the Catholics. I did not speak It is silent. By its silence, it speaks The passage of this measure, H.R. 121, up, because I was Protestant. Then volumes. It speaks volumes of this in- affirming the opposition of Congress to they came for the trade unionists and stitution’s refusal to confront racism. all forms of racism and bigotry, I think the industrialists, and I did not speak The reason this institution refuses to is an important first step toward recog- up because I was not a member of ei- confront racism is because it is uncom- nizing such crimes as well as ensuring ther group. Finally, they came for me. fortable for some Members here, and that at long last we may see the begin- And by that time, there was no one left that is just too bad because, until we nings to an end of such unjust acts. Ac- to speak up. confront racism, it is going to con- cordingly, I am pleased to lend my sup- Mr. CANADY of Florida. Mr. Speak- tinue. If we simply excuse it, white- port to this measure and urge our col- er, I yield 3 minutes to the gentleman wash it, apologize for it or ignore it, it leagues to support it. from Mississippi (Mr. PICKERING). is going to continue. Mr. CONYERS. Mr. Speaker, I yield 5 Mr. PICKERING. Mr. Speaker, I rise There is nothing wrong with the seconds to the gentleman from Wis- today in support of H. Res. 121, con- words in this resolution. They simply consin (Mr. BARRETT).

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5311 Mr. BARRETT of Wisconsin. Mr. sponsor. I believe this is a completely bigotry and racism, and I believe in Speaker, I want to respond to the gen- inauthentic resolution, and is being utilized their hearts and in their minds they tleman from Oklahoma (Mr. WATTS). purely as a political ploy to blunt criticism of are. He asked me to name names. I said the certain members of the Republican party for I had hoped, having visited the Get- institution. I think that this institu- their affiliation with the Conservative Council. tysburg scene this past weekend, where tion has an obligation to come out Mr. CANADY of Florida. Mr. Speak- the north and south rose up against against racism. That is the name I er, I yield 1 minute to the gentleman each other, that we would come today name. from California (Mr. DREIER), chairman on the floor of the House and join to- Mr. CONYERS. Mr. Speaker, I yield 1 of the House Committee on Rules. gether as one voice against racism and minute to the distinguished gentle- Mr. DREIER. Mr. Speaker, I am very bigotry, and that one voice is H.R. Res- woman from Florida (Ms. BROWN). proud to join the gentleman from Okla- olution 35, the resolution by the gen- Ms. BROWN of Florida. Mr. Speaker, homa (Mr. WATTS) as a cosponsor of tleman from Florida (Mr. WEXLER) and I rise in opposition to the Watts resolu- this important resolution condemning the gentleman from South Carolina tion. This is just another example of racism. (Mr. CLYBURN) that specifically de- the Republicans trying to have their America was founded on the funda- nounces the CCC. cake and eat it too. On one hand, they mental principle that God endowed I ask my colleagues, why can we not claim to be against racism, but the Re- each and every human being with an come together as one to recognize that publican leadership refuses to condemn innate value and equality which stands racism and bigotry is wrong? In this in- the Council of Conservative Citizens, or above any man-made institution or au- stance it is one organization that has CCC, a modern-day KKK. thority. gone against Jews in anti-Semitism, By killing a resolution condemning This fundamental principle that denigrating American leaders like the racism and bigotry of the Council human beings, with their rights and re- Abraham Lincoln and Martin Luther of Conservative Citizens, the Repub- sponsibilities, are the foundation upon King. We lose today the spirit of unity lican leadership denied itself the oppor- which all good societies are built, is and the reflection that the United tunity to attack the problem of racism. what has separated this great Nation States Congress stands as one by put- House Resolution 35, of which I am from nearly every other civilization in ting 121 over 35. an original cosponsor, has 142 cospon- history. I ask the leadership to please bring sors, including 13 Republicans, as well That said, we know human beings are us together and vote for H.R. 35. Bring as the support of a broad base of civil flawed and that this country suffers it to the floor. We are not angry, we rights leaders, religious organizations, from many of the same evils that we want to be one. The CCC should be de- and conservative activists. This has see tearing apart people and commu- nounced. never been brought to the floor. nities across the globe. Mr. CANADY of Florida. Mr. Speak- House Resolution 121, which was Racism divides us. Bigotry closes our er, I would inquire of the Chair con- dropped last Friday, was rushed to the minds and our hearts to others. Reli- cerning the amount of time remaining floor without even a single cosponsor gious and ethnic intolerance eat away on each side. and does not mention this terrible at our soul and reduce our humanity. The SPEAKER pro tempore (Mr. group. Fellows, if it looks like a duck, Therefore, we must repeat the mes- LAHOOD). The gentleman Florida (Mr. walks like a duck, and quacks like a sage of racial and religious tolerance, CANADY) has 11⁄2 minutes remaining, duck, it is a duck. not only to ourselves, but to our chil- and the gentleman from Michigan (Mr. By killing a resolution condemning ‘‘the rac- dren who are the future. CONYERS) has 1 minute and 35 seconds ism and bigotry espoused by the Council of We rise today unequivocally, not to remaining. Conservative Citizens,’’ the Republican leader- state that our past is pure, not that we Mr. CONYERS. Mr. Speaker, I yield ship denied itself the opportunity to attack the are without sin, not that we will not myself the balance of the time. problem of this new, more subtle kind of rac- fail in the future, but that we will My colleagues, it can now be per- ism head on, the type sponsored by the Coun- strive to live up to Abraham Lincoln’s ceived that this bill is a ruse; that it is cil of Conservative Citizens. vision of America, ‘‘A nation conceived totally characteristic of Republicans This is just another example of the Repub- in liberty and dedicated to the propo- who want civil rights on the cheap in a licans trying to have their cake and eat it too. sition that all men are created equal.’’ futile attempt to show the country On one hand, they claim to be against racism that they are really not Neanderthals. and attack it, yet on the other, members of b 1600 But when it comes to real substance, their leadership have ties to the CCC, which is Mr. CONYERS. Mr. Speaker, I yield 5 they attack civil rights laws at nearly in reality, a new form of the KKK. In fact, the seconds to the gentleman from Florida every turn. We do not need meaning- CCC is an outgrowth of the abhorrent ‘‘White (Mr. WEXLER). less words. We want action. But when Citizens Council,’’ which helped enforce seg- Mr. WEXLER. Mr. Speaker, to clear it comes to real action, the Republican regation in the 1950s and 1960s. With ties to the record the minority leader has not Congress turns its back. the Ku Klux Klan and other white supremacist spoken to the Council of Conservative When we try to raise the problem of groups, the CCC promotes a blatantly racist Citizens. His civil rights record is ex- civil rights laws being enforced, they agenda, while masking its true ideology by cellent and he is a sponsor of the reso- respond by repealing key antidiscrimi- acting as a mainstream conservative organiza- lution condemning the CCC. nation laws. tion. Indeed, I say that if it looks like duck, Mr. CONYERS. Mr. Speaker, I yield 1 We see the horrors of hate crimes quacks like a duck, and walks like a duck, it minute to the gentlewoman from Texas every day. Jasper, Texas. James Byrd is in fact, a duck. (Ms. SHEILA JACKSON-LEE), the dedi- as an example. But we cannot move on I believe that House Resolution 121, which cated civil rights and constitutional hate crimes legislation. is merely a watered down version of House expert on the Committee on the Judici- We raise problems of police brutality, Resolution 35, was brought to the floor in ary. the spraying of 41 bullets into an un- order to shield the Republican party from criti- Ms. JACKSON-LEE of Texas. Mr. armed black man. The tragic cases of cism for their relationship with the Council of Speaker, I thank the distinguished Abner Louima and Mr. Diablo. We get Conservative Citizens. Indeed, while House ranking member of the Committee on no response from the committee that Resolution 35, which has 142 cosponsors, in- the Judiciary. has jurisdiction. We could not even get cluding 13 Republicans, as well as the support I imagine that the people of the funds for a hearing or a stenographer of a broad base of civil rights leaders, religious United States are wondering what hap- in Brooklyn, New York. organizations, and conservative activists, was pens here? What have we wrought, Mr. So we try to fully fund enforcement never brought to the House Floor. This resolu- Speaker? What have we brought about? of civil rights laws at the Justice De- tion, which was dropped just last Friday, was We have our good friends, the Repub- partment, but the Republican members rushed to the Floor without even a single co- licans, debating that they are against of the Committee on the Judiciary

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 5312 CONGRESSIONAL RECORD—HOUSE March 23, 1999 turn their backs on us. And now they condemns racism and that it has no place in the blatantly racist actions of an American ask us in good faith to support these an orderly society. The Constitution of the group that has its roots planted in the cess- words. We cannot do it, my colleagues. United States guarantees every citizen the pool of racial separatism and white suprem- Mr. Speaker, I urge the rejection of right to life, liberty and the pursuit of happi- acy?’’ H. Res. 121. ness. A prosperous American must develop a Maybe the answer to this question lies in Mr. CANADY of Florida. Mr. Speak- mutual respect and tolerance of diversity. statements made by Gordon Baum, the na- er, I yield the balance of my time to We must denounce racism and bigotry! tional CEO of the CCC. I think it explains why the gentleman from Oklahoma (Mr. America is a nation of migrants. A mosaic of Republicans, especially Southern Republicans, WATTS). different cultures and traditions, and that’s why refuse to distance themselves from this group: Mr. WATTS of Oklahoma. Mr. Speak- this is a great nation. We can no longer re- When Jim Nicholson, RNC Chairman, asked er, again I repeat that hatred, ex- main silent on this important issue. We can no Republicans to distance themselves from the pressed through racial, religious or longer ignore the fact that specific groups, like group, Baum said, ‘‘He doesn’t know what he ethnic prejudice, is an affront to the the CCC and the KKK, exist in this society is talking about.’’ institutions of freedom, equal justice and do nothing but foster hatred for human- Baum said that Nicholson is alienating key and individual rights that together kind. GOP voters: ‘‘The Wallace-Reagan Democrats form the bedrock of the American re- We must denounce racism and bigotry! Ev- are the ones who made the Republicans have public. eryone must pull together to stamp out hate enough votes to win. Without the Wallace- H. Res. 121 urges the House of Rep- and bitterness. The Twenty-first century is resentatives to oppose all, A-L-L, all Reagan Democrats, the Republicans aren’t upon us—all of Europe is unifying in a cooper- hate organizations, including the Coun- going to have near the voting strength.’’ ative effort to work together for financial syn- cil of Conservative Citizens and others. Baum contended Nicholson and other party ergy, and we here still deal with groups unwill- The New Order Knights of the Ku Klux leaders ‘‘are doing a pretty good job running ing to acknowledge that segregation has Klan, the National Alliance, Aryan Na- them [white, working-class voters] off * * * ended. tions, the National Association for the Sometimes it’s remarkable how dumb they We must denounce racism and bigotry! We Advancement of White People, Knights are. They let the liberal media run their cam- must become a testimony for and nation, of Freedom, and any other that would paigns. They apparently don’t even know why under God with liberty and justice of all. We espouse the vile views that these orga- these people vote Republican half the time. nizations espouse needs to be rejected, must come together as Americans to make Lott recently has renounced the group, and and H. Res. 121 does that. I ask for its the pledge of allegiance a reality for everyone. Baum warned that the majority leader could We must denounce racism and bigotry! passage from my colleagues. pay a political price in his home State. ‘‘It Ms. JACKSON-LEE of Texas. Mr. Speaker, Racism has no place in America—we must could be [there will be a backlash]. If he keeps I rise in support of my colleagues, Congress- begin to move beyond the color line—put it up, if he keeps distancing himself from ev- aside our racial differences—move our country men WEXLER, CLYBURN, and FORBES and urge erything. A sizable segment knows the truth, the Speaker to pull H. Res. 121, which simply forward. Red, Yellow, Black, or White we are that we are very much in tune with the people affirms Congress’ opposition to all forms of all precious in God’s sight. of Mississippi on most issues.’’ racism and bigotry, and substitute for it H. We must denounce racism and bigotry! it is Mr. Speaker, H. Res. 121 is deceptive. It is Res. 35, which condemns specific acts and essential that we vote NO on H. Res. 121 and a distraction, and it is doomed for failure. expressions of racism by specific individuals I urge the House Leadership to schedule H. Once the Republicans finish trying to pass this and groups such as the Council of Conserv- Res. 35 for a floor vote. Congress must take farce of a bill off on the American public, I ative Citizens (CCC). H. Res. 35 deals with an an active role through legislation and publicly have a fence they can use the rest of their important issue that affects all Americans, re- state that acts of racism and bigotry are divi- white wash on. That’s about the only thing its gardless of race, gender or sexual orientation. sive tools that are utilized by small groups, in- good for. We must denounce racism and bigotry be- cluding the CCC, to prevent unity and har- The SPEAKER pro tempore. The cause it is dividing our country. We cannot tol- mony amongst Americans. question is on the motion offered by erate narrow-mindedness from anyone or any We must denounce groups that organize the gentleman from Pennsylvania (Mr. group. simply to disseminate messages harmful to GEKAS) that the House suspend the We must denounce racism and bigotry! The our society. Congress must act, in unison, not rules and agree to the resolution, Red Shirts, the Knights of the White Camellia, only to condemn racism and bigotry, but also House Resolution 121. the Ku Klux Klan, and the Council of Conserv- to condemn acts of racism and bigotry. I urge The question was taken. ative Citizens are all groups aimed at pre- each of you to vote to support H. Res. 35. Mr. CONYERS. Mr. Speaker, I object venting equal protection under the law for all Mr. THOMPSON of Mississippi. Mr. Speak- to the vote on the ground that a Americans—and we must denounce them er, I will not waste time denouncing the CCC. quorum is not present and make the specifically for their actions and their rhetoric. This organization has already been exposed point of order that a quorum is not The Ku Klux Klan was formed in 1866 and as the racist, hate-mongering, bigoted group present. it was a secret body that soon reached that we all know it to be. The SPEAKER pro tempore. Evi- throughout the South and part of the North. H. Res. 121 was brought before this body dently a quorum is not present. Some people formed the Ku Klux Klan to stop today as an attempt to ‘‘whitewash’’ real, The Sergeant at Arms will notify ab- newly freed slaves from exercising their rights meaningful legislation that will condemn a spe- sent Members. as citizens pursuant to the 13th, 14th, and cific group for specific acts. It is not the altru- The postponed votes on the three ear- 15th Amendments to the Constitution. istic piece of legislation Members on the other lier suspensions will be voted on fol- We must denounce racism and bigotry! Tra- side of the aisle want you to think it is. To the lowing this vote. This will be a 15- ditionally. Klansmen, as they call themselves, contrary, it is a prime example that the CCC minute vote followed by three 5-minute were masked and dressed in white, and usu- has been successful in achieving its goal of in- votes. ally operated under a cover of darkness. But filtrating the United States Congress. The vote was taken by electronic de- today, this group has traded its robe and hood All of a sudden, the reasons given by Re- vice, and there were—yeas 254, nays for suits, ties and briefcases. They have trad- publicans for their 1994 denunciation of Kalhid 152, answered ‘‘present’’ 24, not voting ed their billboards for Internet websites, but Mohammed don’t apply to this legislation. 4, as follows: we still know them because their rhetoric of Even today, the Republicans have said it is [Roll No. 60] acceptable to condemn the members of a hate remains the same. YEAS—254 Historically these groups have singled out Russian organization for making anti-Semitic Aderholt Barrett (NE) Berry all Negroes, Catholics, Jews, and foreigners statements, but they won’t allow the House to Archer Bartlett Biggert that displease them by threats, whippings, set- take the same action against an American Armey Barton Bilbray ting fires or anything that will make their victim group that has attacked blacks, Latinos, immi- Bachus Bass Bilirakis submit to the terroristic threats. grants, homosexuals, and Jews. Baker Bateman Bliley Ballenger Bereuter Blunt We must denounce racism and bigotry! This Republican actions warrant a specific ques- Barr Berkley Boehlert resolution will serve as notice that Congress tion, ‘‘What is the problem with denouncing

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5313 Boehner Hastings (WA) Pombo Frost Martinez Rivers Pursuant to clause 8 of rule XX, the Bonilla Hayes Porter Gejdenson Mascara Rodriguez Chair will now put the question on Bono Hayworth Portman Gephardt Matsui Roemer Boucher Hefley Pryce (OH) Gonzalez McCarthy (MO) Roybal-Allard each motion to suspend the rules on Brady (TX) Herger Quinn Gutierrez McDermott Rush which further proceedings were post- Bryant Hill (MT) Radanovich Hastings (FL) McGovern Sabo poned earlier today in the order in Hill (IN) McKinney Burr Hilleary Ramstad Sanchez which that motion was entertained. Burton Hobson Regula Hilliard Meehan Sanders Hinchey Meek (FL) Buyer Hoekstra Reynolds Sanford Votes will be taken in the following Hinojosa Meeks (NY) Callahan Holden Riley Sawyer order: Calvert Hooley Hoeffel Menendez Rogan Schakowsky H.R. 70, by the yeas and nays; Camp Horn Holt Millender- Rogers Serrano Campbell Hostettler Jackson (IL) McDonald H. Con. Res. 56, by the yeas and nays; Rohrabacher Shows Canady Houghton Jackson-Lee Miller, George H. Con. Res. 37, by the yeas and nays. Ros-Lehtinen Sisisky Cannon Hoyer Rothman (TX) Minge The Chair will reduce to 5 minutes Jefferson Skelton Cardin Hulshof Roukema Mink Johnson, E. B. Moakley Spratt the time for each of these three votes. Castle Hunter Royce Jones (OH) Mollohan Stark Chabot Hutchinson Ryan (WI) f Kanjorski Moran (VA) Thompson (CA) Chambliss Hyde Ryun (KS) Kaptur Murtha Thompson (MS) Chenoweth Inslee Salmon ARLINGTON NATIONAL CEMETERY Kennedy Napolitano Thurman Coble Isakson Sandlin Kildee Neal BURIAL ELIGIBILITY ACT Coburn Istook Saxton Tierney Kilpatrick Oberstar Collins Jenkins Scarborough Towns The SPEAKER pro tempore. The Combest John Kind (WI) Obey Udall (CO) Schaffer Kleczka Olver pending business is the question of sus- Cook Johnson (CT) Sensenbrenner Udall (NM) Cooksey Johnson, Sam Klink Ortiz Vela´ zquez pending the rules and passing the bill, Sessions Kucinich Costello Jones (NC) Owens Vento H.R. 70. Shadegg LaFalce Pallone Cox Kasich Visclosky Shaw Lampson Pastor The Clerk read the title of the bill. Crane Kelly Waters Shays Larson Payne The SPEAKER pro tempore. The Cubin King (NY) Sherman Waxman Cunningham Kingston Lee Pelosi question is on the motion offered by Sherwood Levin Peterson (MN) Weiner Danner Knollenberg Shimkus Wexler the gentleman from Arizona (Mr. Davis (VA) Kolbe Lewis (GA) Phelps Shuster Weygand STUMP) that the House suspend the Deal Kuykendall Lipinski Pomeroy Simpson Woolsey DeGette LaHood Luther Rahall rules and pass the bill, H.R. 70, on Skeen Maloney (CT) Rangel Wu which the yeas and nays are ordered. DeLay Largent Smith (MI) DeMint Latham Markey Reyes Wynn Smith (NJ) This is a 5-minute vote. Diaz-Balart LaTourette Smith (TX) ANSWERED ‘‘PRESENT’’—24 The vote was taken by electronic de- Dickey Lazio Smith (WA) Doolittle Leach Blumenauer Engel Nadler vice, and there were—yeas 428, nays 2, Snyder Dreier Lewis (CA) Boyd Eshoo Price (NC) Souder not voting 3, as follows: Duncan Lewis (KY) Clayton Etheridge Scott Spence [Roll No. 61] Dunn Linder Clement Forbes Slaughter Stabenow Edwards LoBiondo Cramer Lofgren Strickland YEAS—428 Stearns Crowley Lowey Tanner Ehlers Lucas (KY) Abercrombie Stenholm DeFazio Maloney (NY) Watt (NC) Burton Dicks Ehrlich Lucas (OK) Ackerman Stump Dicks McCarthy (NY) Wise Buyer Dingell English Manzullo Aderholt Callahan Dixon Everett McCollum Sununu Sweeney NOT VOTING—4 Allen Calvert Doggett Ewing McCrery Andrews Camp Dooley Talent Emerson Myrick Filner McHugh Archer Campbell Doolittle Tancredo Lantos Stupak Fletcher McInnis Armey Canady Doyle Foley McIntosh Tauscher Tauzin b 1630 Bachus Cannon Dreier Fossella McIntyre Baird Capps Duncan Fowler McKeon Taylor (MS) Taylor (NC) Messrs. MOAKLEY, HINOJOSA, Baker Capuano Dunn Franks (NJ) McNulty Baldacci Cardin Edwards Frelinghuysen Metcalf Terry MALONEY of Connecticut, DINGELL, Thomas Baldwin Carson Ehlers Gallegly Mica SANFORD and BARCIA changed their Ballenger Castle Ehrlich Ganske Miller (FL) Thornberry Thune vote from ‘‘yea’’ to ‘‘nay.’’ Barcia Chabot Engel Gekas Miller, Gary Barr Chambliss English Gibbons Moore Tiahrt Messrs. ROTHMAN, GREEN of Texas, Toomey Barrett (NE) Chenoweth Eshoo Gilchrest Moran (KS) SANDLIN, COSTELLO and MCNULTY Barrett (WI) Clay Etheridge Gillmor Morella Traficant changed their vote from ‘‘nay’’ to Turner Bartlett Clayton Evans Gilman Nethercutt Barton Upton ‘‘yea.’’ Clement Everett Goode Ney Bass Clyburn Ewing Walden Ms. ESHOO and Messrs. BOYD, Goodlatte Northup Bateman Coble Farr Walsh Goodling Norwood CRAMER and CROWLEY, and Ms. Becerra Coburn Fattah Wamp Gordon Nussle LOFGREN changed their vote from Bentsen Collins Fletcher Watkins Goss Ose Bereuter Combest Foley Watts (OK) ‘‘yea’’ to ‘‘present.’’ Graham Oxley Berkley Condit Forbes Weldon (FL) Granger Packard Mr. NADLER, Mrs. CLAYTON, Mr. Berman Conyers Ford Weldon (PA) Green (TX) Pascrell BLUMENAUER, Mrs. LOWEY, Ms. Berry Cook Fossella Weller Green (WI) Paul Biggert Cooksey Fowler Whitfield SLAUGHTER, Mrs. MALONEY of New Greenwood Pease Bilbray Costello Frank (MA) Wicker York, Mr. WISE and Mr. CLEMENT Gutknecht Peterson (PA) Bilirakis Cox Franks (NJ) Hall (OH) Petri Wilson changed their vote from ‘‘nay’’ to Bishop Coyne Frelinghuysen Hall (TX) Pickering Wolf ‘‘present.’’ Blagojevich Cramer Frost Young (AK) Hansen Pickett So (two-thirds not having voted in Bliley Crane Gallegly Hastert Pitts Young (FL) Blumenauer Crowley Ganske favor thereof) the motion was rejected. Blunt Cubin Gejdenson NAYS—152 The result of the vote was announced Boehlert Cummings Gekas Abercrombie Borski Davis (FL) as above recorded. Boehner Cunningham Gephardt Ackerman Boswell Davis (IL) Stated for: Bonilla Danner Gibbons Bonior Davis (FL) Gilchrest Allen Brady (PA) Delahunt Mrs. EMERSON. Mr. Speaker, on rollcall Andrews Brown (CA) DeLauro Bono Davis (IL) Gillmor Baird Brown (FL) Deutsch No. 60, I was unavoidably detained. Had I Borski Davis (VA) Gilman Baldacci Brown (OH) Dingell been present, I would have voted ‘‘yes.’’ Boswell Deal Gonzalez Baldwin Capps Dixon Boucher DeFazio Goode Barcia Capuano Doggett f Boyd DeGette Goodlatte Brady (PA) Delahunt Goodling Barrett (WI) Carson Dooley ANNOUNCEMENT BY THE SPEAKER Becerra Clay Doyle Brady (TX) DeLauro Gordon Bentsen Clyburn Evans PRO TEMPORE Brown (CA) DeLay Goss Brown (FL) DeMint Graham Berman Condit Farr The SPEAKER pro tempore (Mr. Bishop Conyers Fattah Brown (OH) Deutsch Granger Blagojevich Coyne Ford LAHOOD). Debate has concluded on all Bryant Diaz-Balart Green (TX) Bonior Cummings Frank (MA) motions to suspend the rules. Burr Dickey Green (WI)

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 5314 CONGRESSIONAL RECORD—HOUSE March 23, 1999 Greenwood McCarthy (NY) Sanchez NAYS—2 Dicks Johnson, Sam Oxley Gutierrez McCollum Sanders Dingell Jones (NC) Packard Filner Snyder Gutknecht McCrery Sandlin Dixon Jones (OH) Pallone Hall (OH) McDermott Sanford NOT VOTING—3 Doggett Kanjorski Pascrell Hall (TX) McGovern Sawyer Dooley Kaptur Pastor Emerson Myrick Stupak Hansen McHugh Saxton Doolittle Kasich Payne Doyle Kelly Pease Hastings (FL) McInnis Scarborough 1641 Hastings (WA) McIntosh Schaffer b Dreier Kennedy Pelosi Duncan Kildee Peterson (MN) Hayes McIntyre Schakowsky Mr. FILNER changed his vote from Dunn Kilpatrick Peterson (PA) Hayworth McKeon Scott ‘‘yea’’ to ‘‘nay.’’ Edwards Kind (WI) Petri Hefley McKinney Sensenbrenner Ehlers King (NY) Phelps Herger McNulty So (two-thirds having voted in favor Serrano Ehrlich Kingston Pickering Hill (IN) Meehan thereof) the rules were suspended and Sessions Emerson Kleczka Pitts Hill (MT) Meek (FL) Shadegg the bill was passed. Engel Klink Pombo Hilleary Meeks (NY) Shaw The result of the vote was announced English Knollenberg Pomeroy Hilliard Menendez Shays as above recorded. Eshoo Kolbe Porter Hinchey Metcalf Sherman Etheridge Kucinich Portman Hinojosa Mica Sherwood A motion to reconsider was laid on Evans Kuykendall Price (NC) Hobson Millender- Shimkus the table. Everett LaFalce Pryce (OH) Hoeffel McDonald Shows Stated for: Ewing LaHood Quinn Hoekstra Miller (FL) Shuster Mrs. EMERSON. Mr. Speaker, on rollcall Farr Lampson Radanovich Holden Miller, Gary Simpson Fattah Lantos Rahall Holt Miller, George Sisisky No. 61, I was unavoidably detained. Had I Filner Largent Ramstad Hooley Minge Skeen been present, I would have voted ‘‘yes.’’ Fletcher Larson Rangel Horn Mink Skelton Foley Latham Regula f Hostettler Moakley Slaughter Forbes LaTourette Reyes Ford Lazio Reynolds Houghton Mollohan Smith (MI) Fossella Leach Riley Hoyer Moore Smith (NJ) b 1645 Moran (KS) Fowler Lee Rivers Hulshof Smith (TX) Hunter Moran (VA) Frank (MA) Levin Rodriguez Smith (WA) COMMEMORATING THE 20TH ANNI- Hutchinson Morella Franks (NJ) Lewis (CA) Roemer Souder VERSARY OF THE TAIWAN RELA- Hyde Murtha Frelinghuysen Lewis (GA) Rogan Spence Inslee Nadler TIONS ACT Frost Lewis (KY) Rogers Spratt Isakson Napolitano Gallegly Linder Rohrabacher Stabenow The SPEAKER pro tempore (Mr. Istook Neal Ganske Lipinski Ros-Lehtinen Stark LAHOOD). The pending business is the Jackson (IL) Nethercutt Gejdenson LoBiondo Rothman Stearns Jackson-Lee Ney question of suspending the rules and Gekas Lofgren Roukema (TX) Northup Stenholm agreeing to the concurrent resolution, Gephardt Lowey Roybal-Allard Gibbons Lucas (KY) Royce Jefferson Norwood Strickland House Concurrent Resolution 56. Gilchrest Lucas (OK) Rush Jenkins Nussle Stump The Clerk read the title of the con- Gillmor Luther Ryan (WI) John Oberstar Sununu Gilman Maloney (CT) Ryun (KS) Johnson (CT) Obey Sweeney current resolution. Gonzalez Maloney (NY) Sabo Johnson, E. B. Olver Talent The SPEAKER pro tempore. The Tancredo Goode Manzullo Salmon Johnson, Sam Ortiz question is on the motion offered by Goodlatte Markey Sanchez Tanner Jones (NC) Ose Goodling Martinez Sanders Tauscher the gentleman from New York (Mr. Jones (OH) Owens Gordon Mascara Sandlin Tauzin GILMAN) that the House suspend the Kanjorski Oxley Goss Matsui Sanford Kaptur Packard Taylor (MS) rules and agree to the concurrent reso- Graham McCarthy (MO) Sawyer Kasich Pallone Taylor (NC) lution, House Concurrent Resolution Granger McCarthy (NY) Saxton Kelly Pascrell Terry 56, on which the yeas and nays are or- Green (TX) McCollum Scarborough Kennedy Pastor Thomas Green (WI) McCrery Schaffer Kildee Paul Thompson (CA) dered. Greenwood McDermott Schakowsky Kilpatrick Payne Thompson (MS) This will be a 5-minute vote. Gutierrez McGovern Scott Kind (WI) Pease Thornberry The vote was taken by electronic de- Gutknecht McHugh Sensenbrenner King (NY) Pelosi Thune vice, and there were—yeas 429, nays 1, Hall (OH) McInnis Serrano Kingston Peterson (MN) Thurman Hall (TX) McIntosh Sessions Kleczka Peterson (PA) Tiahrt not voting 3, as follows: Hansen McIntyre Shadegg Klink Petri Tierney [Roll No. 62] Hastings (FL) McKeon Shaw Hastings (WA) McKinney Shays Knollenberg Phelps Toomey YEAS—429 Kolbe Pickering Towns Hayes McNulty Sherman Kucinich Pickett Traficant Abercrombie Blunt Clayton Hayworth Meehan Sherwood Kuykendall Pitts Turner Ackerman Boehlert Clement Hefley Meek (FL) Shimkus Aderholt Boehner Clyburn Herger Meeks (NY) Shows LaFalce Pombo Udall (CO) Allen Bonilla Coble Hill (IN) Menendez Shuster LaHood Pomeroy Udall (NM) Lampson Porter Andrews Bonior Coburn Hill (MT) Metcalf Simpson Upton Archer Bono Collins Hilleary Mica Sisisky Lantos Portman Vela´ zquez Largent Price (NC) Armey Borski Combest Hilliard Millender- Skeen Vento Larson Pryce (OH) Bachus Boswell Condit Hinchey McDonald Skelton Visclosky Latham Quinn Baird Boucher Conyers Hinojosa Miller (FL) Slaughter Walden LaTourette Radanovich Baker Boyd Cook Hobson Miller, Gary Smith (MI) Walsh Lazio Rahall Baldacci Brady (PA) Cooksey Hoeffel Miller, George Smith (NJ) Wamp Leach Ramstad Baldwin Brady (TX) Costello Hoekstra Minge Smith (TX) Waters Ballenger Brown (CA) Lee Rangel Cox Holden Mink Smith (WA) Barcia Brown (FL) Coyne Holt Moakley Snyder Levin Regula Watkins Barr Brown (OH) Cramer Hooley Mollohan Souder Lewis (CA) Reyes Watt (NC) Barrett (NE) Bryant Crane Horn Moore Spence Lewis (GA) Reynolds Watts (OK) Barrett (WI) Burr Crowley Hostettler Moran (KS) Spratt Lewis (KY) Riley Waxman Bartlett Burton Cubin Houghton Moran (VA) Stabenow Linder Rivers Weiner Barton Buyer Cummings Hoyer Morella Stark Lipinski Rodriguez Weldon (FL) Weldon (PA) Bass Callahan Cunningham Hulshof Murtha Stearns LoBiondo Roemer Bateman Calvert Danner Hunter Nadler Stenholm Weller Lofgren Rogan Becerra Camp Davis (FL) Hutchinson Napolitano Strickland Wexler Lowey Rogers Bentsen Campbell Davis (IL) Hyde Neal Stump Weygand Lucas (KY) Rohrabacher Bereuter Canady Davis (VA) Inslee Nethercutt Sununu Lucas (OK) Ros-Lehtinen Whitfield Berkley Cannon Deal Isakson Ney Sweeney Luther Rothman Wicker Berman Capps DeFazio Istook Northup Talent Maloney (CT) Roukema Wilson Berry Capuano DeGette Jackson (IL) Norwood Tancredo Maloney (NY) Roybal-Allard Wise Biggert Cardin Delahunt Jackson-Lee Nussle Tanner Manzullo Royce Wolf Bilbray Carson DeLauro (TX) Oberstar Tauscher Markey Rush Woolsey Bilirakis Castle DeLay Jefferson Obey Tauzin Martinez Ryan (WI) Wu Bishop Chabot DeMint Jenkins Olver Taylor (MS) Mascara Ryun (KS) Wynn Blagojevich Chambliss Deutsch John Ortiz Taylor (NC) Matsui Sabo Young (AK) Bliley Chenoweth Diaz-Balart Johnson (CT) Ose Terry McCarthy (MO) Salmon Young (FL) Blumenauer Clay Dickey Johnson, E. B. Owens Thomas

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5315 Thompson (CA) Vela´ zquez Weller Crane Hoyer Murtha Stearns Tiahrt Watts (OK) Thompson (MS) Vento Wexler Crowley Hulshof Nadler Stenholm Tierney Waxman Thornberry Visclosky Weygand Cummings Hunter Napolitano Strickland Toomey Weiner Thune Walden Whitfield Cunningham Hutchinson Neal Stump Towns Weldon (FL) Thurman Walsh Wicker Danner Hyde Nethercutt Sununu Traficant Weldon (PA) Tiahrt Wamp Wilson Davis (FL) Inslee Ney Sweeney Turner Weller Tierney Waters Wise Davis (IL) Isakson Northup Talent Udall (CO) Wexler Toomey Watkins Wolf Davis (VA) Istook Norwood Tancredo Udall (NM) Weygand Towns Watt (NC) Deal Jackson (IL) Oberstar Tanner Upton Whitfield Woolsey Traficant Watts (OK) DeFazio Jackson-Lee Obey Tauscher Vela´ zquez Wicker Wu Turner Waxman DeGette (TX) Olver Tauzin Vento Wilson Wynn Udall (CO) Weiner Delahunt Jefferson Ortiz Taylor (MS) Visclosky Wise Udall (NM) Weldon (FL) Young (AK) DeLauro Jenkins Ose Taylor (NC) Walden Wolf Upton Weldon (PA) Young (FL) DeLay John Owens Terry Walsh Woolsey DeMint Johnson (CT) Oxley Thompson (CA) Wamp Wu NAYS—1 Deutsch Johnson, E. B. Packard Thompson (MS) Waters Wynn Paul Diaz-Balart Johnson, Sam Pallone Thornberry Watkins Young (AK) Dickey Jones (NC) Pascrell Thurman Watt (NC) Young (FL) NOT VOTING—3 Dicks Jones (OH) Pastor NOT VOTING—12 Myrick Pickett Stupak Dingell Kanjorski Paul Dixon Kaptur Payne Buyer Hilleary Scarborough b 1654 Doggett Kasich Pease Conyers Martinez Stupak Dooley Kelly Pelosi Cubin Myrick Thomas So (two-thirds having voted in favor Doolittle Kennedy Peterson (MN) Herger Nussle Thune thereof) the rules were suspended and Doyle Kildee Peterson (PA) Dreier Kilpatrick Petri b 1701 the concurrent resolution was agreed Duncan Kind (WI) Phelps to. Dunn King (NY) Pickering So (two-thirds having voted in favor The result of the vote was announced Edwards Kingston Pickett thereof) the rules were suspended and as above recorded. Ehlers Kleczka Pitts the concurrent resolution, as amended, Ehrlich Klink Pombo was agreed to. A motion to reconsider was laid on Emerson Knollenberg Pomeroy the table. Engel Kolbe Porter The result of the vote was announced English Kucinich Portman as above recorded. f Eshoo Kuykendall Price (NC) A motion to reconsider was laid on Etheridge LaFalce Pryce (OH) CONCERNING ANTI-SEMITIC Evans LaHood Quinn the table. STATEMENTS BY MEMBERS OF Everett Lampson Radanovich Stated for: THE DUMA OF THE RUSSIAN Ewing Lantos Rahall Mr. HERGER. Mr. Speaker, on rollcall No. Farr Largent Ramstad 63, I was inadvertently detained. Had I been FEDERATION Fattah Larson Rangel present, I would have noted ‘‘yes.’’ The SPEAKER pro tempore. The Filner Latham Regula Fletcher LaTourette Reyes Mr. THUNE. Mr. Speaker, I was unavoidably pending business is the question of sus- Foley Lazio Reynolds detained for rollcall vote 63 while meeting with pending the rules and agreeing to the Forbes Leach Riley constituents. I would like the RECORD to reflect concurrent resolution, House Concur- Ford Lee Rivers Fossella Levin Rodriguez that I would have voted ‘‘aye’’ on that vote for rent Resolution 37, as amended. Fowler Lewis (CA) Roemer final passage of H. Con. Res. 37. The Clerk read the title of the con- Frank (MA) Lewis (GA) Rogan current resolution. Franks (NJ) Lewis (KY) Rogers f Frelinghuysen Linder Rohrabacher APPOINTMENT OF CONFEREES ON The SPEAKER pro tempore. The Frost Lipinski Ros-Lehtinen question is on the motion offered by Gallegly LoBiondo Rothman H.R. 800, EDUCATION FLEXI- the gentleman from New Jersey (Mr. Ganske Lofgren Roukema BILITY PARTNERSHIP ACT OF SMITH) that the House suspend the Gejdenson Lowey Roybal-Allard 1999 Gekas Lucas (KY) Royce rules and agree to the concurrent reso- Gephardt Lucas (OK) Rush Mr. GOODLING. Mr. Speaker, I ask lution, House Concurrent Resolution Gibbons Luther Ryan (WI) unanimous consent to take from the 37, as amended, on which the yeas and Gilchrest Maloney (CT) Ryun (KS) Gillmor Maloney (NY) Sabo Speaker’s table the bill (H.R. 800) to nays are ordered. Gilman Manzullo Salmon provide for education flexibility part- This will be a 5-minute vote. Gonzalez Markey Sanchez nerships, with a Senate amendment The vote was taken by electronic de- Goode Mascara Sanders thereto, disagree to the Senate amend- vice, and there were—yeas 421, nays 0, Goodlatte Matsui Sandlin Goodling McCarthy (MO) Sanford ment and agree to the conference asked not voting 12, as follows: Gordon McCarthy (NY) Sawyer by the Senate. [Roll No. 63] Goss McCollum Saxton The SPEAKER pro tempore (Mr. Graham McCrery Schaffer YEAS—421 Granger McDermott Schakowsky LAHOOD). Is there objection to the re- Abercrombie Biggert Camp Green (TX) McGovern Scott quest of the gentleman from Pennsyl- Ackerman Bilbray Campbell Green (WI) McHugh Sensenbrenner vania? Aderholt Bilirakis Canady Greenwood McInnis Serrano There was no objection. Allen Bishop Cannon Gutierrez McIntosh Sessions Andrews Blagojevich Capps Gutknecht McIntyre Shadegg MOTION TO INSTRUCT OFFERED BY MR. CLAY Archer Bliley Capuano Hall (OH) McKeon Shaw Mr. CLAY. Mr. Speaker, I offer a mo- Armey Blumenauer Cardin Hall (TX) McKinney Shays Bachus Blunt Carson Hansen McNulty Sherman tion to instruct conferees. Baird Boehlert Castle Hastings (FL) Meehan Sherwood Mr. GOODLING. Mr. Speaker, I re- Baker Boehner Chabot Hastings (WA) Meek (FL) Shimkus serve a point of order. Baldacci Bonilla Chambliss Hayes Meeks (NY) Shows The SPEAKER pro tempore. Points Baldwin Bonior Chenoweth Hayworth Menendez Shuster Ballenger Bono Clay Hefley Metcalf Simpson of order are reserved. Barcia Borski Clayton Hill (IN) Mica Sisisky The Clerk will report the motion. Barr Boswell Clement Hill (MT) Millender- Skeen The Clerk read as follows: Barrett (NE) Boucher Clyburn Hilliard McDonald Skelton Barrett (WI) Boyd Coble Hinchey Miller (FL) Slaughter Mr. CLAY moves that the managers on the Bartlett Brady (PA) Coburn Hinojosa Miller, Gary Smith (MI) part of the House at the conference on the Barton Brady (TX) Collins Hobson Miller, George Smith (NJ) disagreeing votes of the two Houses on the Bass Brown (CA) Combest Hoeffel Minge Smith (TX) Senate amendment to the bill H.R. 800, an Bateman Brown (FL) Condit Hoekstra Mink Smith (WA) Act to provide for education flexibility part- Becerra Brown (OH) Cook Holden Moakley Snyder nerships, be instructed— Bentsen Bryant Cooksey Holt Mollohan Souder Bereuter Burr Costello Hooley Moore Spence (1) to disagree to sections 6(b), 7(b), 9(b), Berkley Burton Cox Horn Moran (KS) Spratt and 11(b) of the Senate amendment, (adding Berman Callahan Coyne Hostettler Moran (VA) Stabenow new subsections to the end of section 307 of Berry Calvert Cramer Houghton Morella Stark the Department of Education Appropriations

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 5316 CONGRESSIONAL RECORD—HOUSE March 23, 1999 Act of 1999), which is necessary to ensure the ditional funding be appropriated for Just like the big deal we are going to first year of funding to hire 100,000 new the Individuals with Disabilities Edu- have 100,000 new police. How many teachers to reduce class sizes in the early cation Act, IDEA. Rather than forcing stepped up to the plate? About one- grades; and one vital program to compete for funds third. Why? Because they would have (2) to agree that additional funding be authorized to be appropriated under sections 8 against another, we should instead pur- put them on themselves if they had had and 10 of the Senate amendment for the Indi- sue a greater overall investment in the money, but they knew we would be viduals with Disabilities Education Act, but public education. gone and then they are stuck with not by reducing funds for class size reduction Mr. Speaker, I urge Members to sup- them, and in all probability in a nego- as proposed in sections 6(b), 7(b), 9(b), and port this motion and, by doing so, give tiation where they cannot get rid of 11(b) of the Senate amendment. both the class size reduction initiative them, even though they cannot find a The SPEAKER pro tempore. The gen- and IDEA the opportunity to be funded way to pay for them. tleman from Missouri (Mr. CLAY) and at an appropriate level. b 1715 the gentleman from Pennsylvania (Mr. Mr. Speaker, I reserve the balance of GOODLING) each will control 30 min- my time. So let us not use IDEA in this debate, utes. The SPEAKER pro tempore (Mr. because they know that that is a phony The Chair recognizes the gentleman BRADY of Texas). Does the gentleman argument that we have heard before we from Missouri (Mr. CLAY). from Pennsylvania (Mr. GOODLING) became the majority for 20 out of 23 Mr. CLAY. Mr. Speaker, I yield my- have a point of order? years. self 4 minutes. Mr. GOODLING. Mr. Speaker, I with- What has the situation been in Cali- Mr. Speaker, this motion would in- draw my point of order. fornia? California said on their own, struct the conferees to oppose the Sen- The SPEAKER pro tempore. The gen- just as my Governor says on his own, ate amendment offered by Senator tleman withdraws the point of order. we are going to reduce class size. They LOTT that reneges on last year’s agree- Mr. GOODLING. Mr. Speaker, I yield spent $1 billion last year, they are ment to fund the Clinton-Clay class myself such time as I may consume. going to spend $1.5 billion this year. Mr. Speaker, I rise in opposition to size reduction plan. What did they get? I will tell Mem- the motion to instruct conferees to Last year we made a $1.2 billion down bers what they got. In the areas where drop the Lott amendment. payment on a plan to help commu- they need the best teachers, they got nities hire 100,000 new, well- qualified One does not usually go into a game showing how many aces they have and mediocrity. That is all they got, and teachers over the next 7 years. All probably not very many with certifi- across this country, parents and stu- how many jokers they have. One usually does that when they get involved cations; and even those with certifi- dents who are facing overcrowded cations, very little other than medioc- classrooms are counting on Congress’ in the game or when they start their negotiating. One does not usually drop rity, for $1 billion last year and $1.5 commitment to reduce class sizes. this year. The Lott amendment reneges on this their amendments before they ever get there. So let us not fall into the trap that commitment, and cynically pits one somehow or other we will look out for group of parents against another for I have to kind of laugh about all of the rhetoric about IDEA. They have IDEA down the line. That is the Presi- money that Congress has already des- dent’s whole initiative. He cuts every ignated to be spent for class size reduc- heard that speech that was just given program in his budget that works. tion. for 23 years, and they did not get any- Why? Because he has a feeling that, oh, All major education groups oppose thing until 3 years ago. They were this insidious attack on the class size promised that if we give them from the the appropriators will come along and reduction plan. The National Parents Federal level 100 percent mandate in appropriate for that. He does not have and Teachers Association, the Amer- special ed, they will get 40 percent of to do that, he can get all these other ican Federation of Teachers, the Chief the excess money to fund it; just the silly ideas of what we do to improve States School Officers and the National excess money to fund it. When I be- education. Education Association, even Governor came Chair, they were getting about 6 So let us not fall for it. Vote against Ridge of Pennsylvania, according to percent. We will probably be up to the motion to instruct. press accounts, opposes the Lott about 12 percent; a long way from 40 Mr. Speaker, I reserve the balance of amendment because it jeopardizes pas- percent. my time. sage of the Ed-Flex bill. Can we imagine what they could have Mr. CLAY. Mr. Speaker, I yield 4 Finally, Mr. Speaker, I believe Presi- done with class size reduction, what minutes to the gentleman from Michi- dent Clinton would veto a bill that un- they could have done with refurbishing gan (Mr. KILDEE). dermines funding for class size reduc- classrooms and building new class- Mr. KILDEE. Mr. Speaker, I thank tion. These new teachers are needed in rooms, had they been getting millions the gentleman for yielding me the the early grades, to reduce class size to and millions and millions of dollars time. no more than 18 children. Achieving extra year after year after year? They Mr. Speaker, I rise in strong support the goal of 100,000 new teachers will en- would not be looking to us. of the motion to instruct conferees of- sure that every child receives personal They are smart enough out there fered by my ranking member, the gen- attention, gets a solid foundation for now. They got burned on IDEA and tleman from Missouri. further learning, and is prepared to burned badly, and they realize that As Members know, the Senate read by the end of the third grade. that is the thing that drives their prop- version of the Ed-Flex bill includes a Department of Education data shows erty tax up, up, up. That is the thing provision which allows school districts that students in smaller classes in that takes all of their money away to take funds targeted in last year’s North Carolina, Wisconsin, Indiana and from being able to do all the things appropriation bill for class size reduc- Tennessee outperformed their counter- they want to do in reducing class size tion and use it for special education. parts in larger classes. A study of Ten- or anything else that they want to do This provision should be struck by the nessee’s Project Star found that stu- to improve education in their district. conferees and we should send that mes- dents in smaller classes in Grades K They are smart enough to know that sage today. through 3 earned much higher scores they are not going to come here and The Consortium for Citizens with on basic skills tests. Based on this say for one year we are going to give Disabilities has written to the gen- solid record of achievement, the Clin- them 100,000 teachers. We are not going tleman from Missouri (Mr. CLAY) sup- ton-Clay class size reduction initiative to pay for all the fringe benefits, et porting this motion that we instruct should be granted a long-term author- cetera; that is their responsibility. We conferees. ization. will be gone in a year’s time and then Mr. Speaker, I include for the Mr. Speaker, this motion further in- they are stuck. They would have put on RECORD the letter from the Consor- structs the conferees to insist that ad- those teachers. tium.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5317 The letter referred to is as follows: The issue of IDEA funding is not a the President of the United States has CONSORTIUM FOR, Democratic or a Republic concern. said is a good piece of legislation. CITIZENS WITH DISABILITIES, There has been strong bipartisan sup- There are differences between the March 23, 1999. port for the substantial increases in House version and the Senate version, Hon. WILLIAM CLAY, funding for IDEA in recent appropria- some of which are not touched in this Committee on Education and the Workforce, motion to instruct conferees, which we House of Representatives, Washington, DC. tion bills, and I believe this will con- DEAR REPRESENTATIVE CLAY: On behalf of tinue. I hope that the motion to in- are going to have to address as well. the members of the Education Task Force of struct conferees of the gentleman from This is a bipartisan bill. We have a the Consortium for Citizens with Disabil- Missouri (Mr. CLAY) attracts the same very strong House position with re- ities, we write to you today in support of type of support today. spect to the bill. Quite frankly, I do your motion to instruct conferees to strike Mr. GOODLING. Mr. Speaker, I yield not think getting involved in a tech- the Lott Amendment to the Ed-Flex bill and myself such time as I may consume. nical motion to instruct conferees, to to increase funding for the Individuals with undermine what they have done in the Disabilities Education Act (IDEA). Mr. Speaker, I just want to remind CCD is gravely concerned that children everyone that every study that has Senate before we get there, that we can with disabilities are being used as pawns in ever been printed has indicated that negotiate fairly as a House team, is the a political game. The Clay Motion to In- the number one issue as to whether a way to go. struct addresses this concern because it does child does well or not is the quality of I would encourage each and every one not pit the interests of children with disabil- the teacher in the classroom; not the of us, Republicans and Democrats, to ities against the interests of their class- numbers, but the quality of the teach- stand united in opposition to the mo- mates. er. tion to instruct conferees so we can go Over the past three years, IDEA funding into that conference, get this bill done, has grown by 85 percent. Unfortunately, Mr. Speaker, I yield 3 minutes to the given the increase in students in special edu- gentleman from Delaware (Mr. CAS- and have a real achievement for the cation, the federal share accounts for only TLE). greater good of education in the United ten percent of the additional costs associated Mr. CASTLE. Mr. Speaker, I thank States of America. with educating students with disabilities. In the chairman of the Committee on Mr. CLAY. Mr. Speaker, I yield 4 the 1997 Amendments to IDEA, Congress rec- Education and the Workforce for yield- minutes to the gentleman from Vir- ognized the need for additional support for ing time to me. I am pleased to be able ginia (Mr. SCOTT). general education. Now states can use twen- Mr. SCOTT. Mr. Speaker, I rise in to speak to this briefly. ty percent of new IDEA funds for general support of the Clay motion to instruct I do rise in opposition to the motion education activities. CCD supports this pro- conferees on H.R. 800, to preserve our to instruct conferees. We as House vision because it is designed to assist schools commitment to the class size initiative better meet their obligations to all students. Members have, I think, done the right Every child in America benefits from in- agreed to in last year’s budget. thing. I think we passed a good piece of No one here disagrees with the need creased education funding. CCD applauds the legislation. Yes, I know there were efforts of members of the House of Rep- to provide additional funding for the resentatives and the Senate on both sides of some amendments from the other side Individuals with Disabilities Education the aisle who are committed both to secur- that they would like to have had put in Act program. However, we should not ing additional funding for IDEA and to pro- which were not put in, but essentially take away from other programs, like tecting the rights of children with disabil- I think we have passed a good bill. the class size initiative, in order to ities to a free, appropriate public education. Let us remember what it was we We urge members of the House of Represent- fund idea. passed, it was education flexibility. It Our public schools have many crit- atives to support the Clay Motion to In- really had nothing to do with IDEA per struct on the Ed-Flex bill. ical needs, but we should not rob Peter Thank you for considering our views. se. It had nothing to do with the 100,000 to pay Paul. The Lott amendment as teachers per se. Over in the Senate, PAUL MARCHAND, adopted by the Senate to their version The Arc. they have taken the whole provisions of Ed-Flex allows localities to shift KATHERINE BEH NEAS, with the $1.2 billion for the reduction funds from the class size initiative to Easter Seals. of class size, which is really the hiring fund special education. We have seen Mr. Speaker, full funding of IDEA is of more teachers, and they have added continual efforts like this to shift fund- a goal I have been committed to since a provision to allow IDEA to get in- ing from other educational accounts to I arrived in Congress. Do we need to volved with that. IDEA without changing our bottom provide 40 percent of the excess costs of That may or may not be a good thing line investment in education. educating a child with a disability? Ab- to do. It is something which I think Opponents of this educational fund- solutely. Should this be one of our pri- should be discussed at the conference. ing shell game miss the point. The orities for Federal education funding? But I do not think we should have this needs of students and schools are such Absolutely. motion to instruct conferees as part of that we cannot afford to back away As my chairman knows, I have joined that. I think it may upset the equi- from our commitment at the Federal him and my other colleagues in de- librium enough so we might not even level to properly fund public education. manding additional funding for special get to the conference on what is a good Mr. Speaker, all students benefit education. Supporting the needs of dis- piece of legislation. I would hope we where there is an appropriate student- abled children and providing them with would remember that. to-teacher ratio. Discipline problems the chance to become productive, par- I think this is an instructive discus- are minimized, the students receive the ticipating members of society is ex- sion we should have in terms of what individual attention they need, stu- tremely important. However, it should we should do with respect to the con- dents with special needs who are not be at the expense of other Federal ference. The bottom line is, we have a mainstreamed are able to participate education programs. piece of legislation which was highly in a more meaningful way because the Last year’s appropriations bill cre- popular. We have a piece of legislation teacher is able to give them the addi- ated the class size reduction program, reported out of our committee with 33 tional assistance they need. and recognized the commitment to hire yes votes and only 9 no votes. We have I urge my colleagues to support the 100,000 teachers over the next 7 years. a piece of legislation which passed the class size initiative and support the That bill provided funding to hire the House of Representatives just a week Clay motion to instruct. first 30,000 teachers, and put us on the later which received 330 yes votes and Mr. Speaker, the gentleman from path to reducing class size in grades 1 only 90 votes against it. We have a Michigan (Mr. KILDEE) introduced for through 3 to an average of 18. This is piece of legislation which has been ap- the Record the letter from the Consor- an essential tool in the education re- proved by each and every Governor of tium of Citizens with Disabilities. I forms of States and localities. We every State in the United States of think it would be instructive to read should not jeopardize this funding only America. We have a piece of legislation the letter to the gentleman from Mis- months before it is scheduled to go out. which the Secretary of Education and souri (Mr. CLAY) on their behalf:

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 5318 CONGRESSIONAL RECORD—HOUSE March 23, 1999 On behalf of the members of the Edu- lars from the Washington bureaucracy in America today, let us address IDEA, cational Task Force of the Consortium into the classroom, and as we do that, the Individuals with Disabilities Edu- for Citizens with Disabilities, we write we can address class size, we can ad- cation Act, and let us add more quality to you today in support of your motion dress special ed, we can address teacher and certified teachers for what they to instruct conferees to strike the Lott training, we can address technology, should be teaching in our schools and amendment to the Ed-Flex bill and to and a whole other range of problems insist on quality. increase funding for the Individuals and opportunities that local school dis- We should not pit these two pro- with Disabilities Act. tricts face today. grams against each other, Mr. Speaker. CCD is gravely concerned that chil- Let us keep moving in the direction We should not play politics with those dren with disabilities are being used as of enabling local administrators and two programs when we have a clean pawns in a political game. The Clay local parents and local teachers to do and widely supported and hugely cre- motion to instruct addresses this con- what they believe is best for education ative Ed-Flex bill. cern because it does not pit the inter- in their school districts. Let us not Let us pass this Ed-Flex bill. Let us ests of children with disabilities hamper and hinder an education bill be bipartisan. Let us get this to the against the interests of their class- that is moving in the right direction by President’s desk and then month by mates. coming right back with the same old month and day by day let us debate Over the past three years, IDEA Washington model, which is more rules these two worthy programs on their funding has grown by 85 percent. Unfor- and regulations and directions. own merits. tunately, given the increase in stu- Mr. CLAY. Mr. Speaker, I yield 3 Mr. GOODLING. Mr. Speaker, I yield dents in special education, the federal minutes to the gentleman from Indiana 3 minutes to the gentleman from Indi- share accounts for only ten percent of (Mr. ROEMER). ana (Mr. SOUDER). the additional costs associated with Mr. ROEMER. Mr. Speaker, I thank Mr. SOUDER. Mr. Speaker, I thank educating students with disabilities. In the gentleman for yielding time to me. the gentleman from Pennsylvania for the 1997 amendments to IDEA, Con- Mr. Speaker, I rise as a very strong yielding me this time. gress recognized the need for additional supporter and coauthor of the edu- In response to my colleague and support for general education. Now cation flexibility bill. The gentleman friend, the gentleman from Indiana from Delaware (Mr. CASTLE) and I have States can use twenty percent of new (Mr. ROEMER), there is a difference be- IDEA funds for general education ac- worked for 8 months on this legislation tween claiming this would be a clean tivities. CCD supports this provision that all 50 Governors want, that the bill and actually making it so that it because it is designed to assist schools President of the United States sup- does in real dollars what this hypo- to better meet their obligations to all ports, that passed out of our com- thetically does. students. mittee in a bipartisan way 33 to 9, that The goal of Ed-Flex was to give flexi- Every child in America benefits from passed the House Floor 330 to 90, and bility to local school systems and increased education funding. CCD ap- that passed the United States Senate States to have flexibility with their plauds the efforts of the Members of by a vote of 98 to 1. This is very sound, money. Senator LOTT’s amendment in the House of Representatives and the innovative, bold educational reform the Senate actually allowed flexibility Senate on both sides of the aisle who that helps move public education for- in the money. are committed both to securing addi- ward in an innovative way. The Democratic motion to instruct As a strong supporter of this edu- tional funding for IDEA and to pro- conferees in article 2 says that addi- cation flexibility bill, I also rise in sup- tecting the rights of children with dis- tional funding be authorized. That is port of the motion to instruct, and do abilities to a free, appropriate public not real money. That is much like a so for two reasons. sense of Congress that we should give education. One reason is because I want to have We urge Members of the House of more money. It deletes the part that a clean bill, a simple bill that address- Representatives to support the Clay actually gives the flexibility to the es education flexibility, which is about motion to instruct on the Ed-Flex bill. State and locals to choose. an old value and a new idea, pure and Thank you for considering our views. The gentleman from Indiana said simple. It is about the old value of Mr. GOODLING. Mr. Speaker, I yield that Congress should not be dictating local control, local parents making de- 2 minutes to the gentleman from what the local school districts are cisions, and the new idea of added flexi- Michigan (Mr. HOEKSTRA). doing between teachers and IDEA. Yet, Mr. HOEKSTRA. Mr. Speaker, I bility and accountability to students at the same time, that is exactly, if thank the gentleman for yielding time for student performance, and will re- this motion to instruct conferees would to me. I rise to speak in opposition to move the handcuffs of regulations and pass, what we are doing, because Con- the motion to instruct the conferees. paperwork from the Federal and State gress should not dictate whether or not If we take a look at simply what the levels if we see student performance in- they should hire teachers. Congress Lott amendment does, it allows local crease. should not dictate whether they should Let us keep it to Ed-Flex, and not schools and local administrators to use it for IDEA. Congress should not add on superfluous amendments to this make a very basic decision. It provides dictate whether it is if computers. The very clean, very bipartisan, and very local school districts with a choice. It point of Ed-Flex is to let the districts widely supported bill. says, if you want to focus on reducing choose. class size, you can use the money to re- b 1730 The Lott amendment gave flexibility duce class size. But perhaps if you have The second reason is, we should have so that, in last year’s appropriations already done that and your class sizes a clean debate on the two issues in- bills, not that they have to use it for are small and you have a pressing need cluded in the Lott amendment that we IDEA, but that they can use it for in special education, you can make are debating and we are advocating IDEA in real dollars. This is real flexi- that choice. that that be dropped in conference. One bility. How can my colleagues claim to So it is a very simple process of say- is IDEA funding, which I strongly sup- be for this bill and yet instruct con- ing, we are committed to providing ad- port; and the second is more teachers, ferees before we even start that they ditional resources, additional funding more quality teachers in our schools, cannot have flexibility with the appro- for education, but we believe that the which I strongly support. priations. decision needs to be made at the local We in Congress are not saying let us The point of this bill is to give that level. That is what Ed-Flex is about. pick between fixing Medicare and fix- local flexibility, especially since, on Ed-Flex is about moving decision-making Social Security. We are saying let March 4, there was a Supreme Court ing to the local level, and it is about us fix both of them. decision regarding the health care re- reducing red tape and bureaucracy so We should also be saying in edu- lated to school performance of Garrett that we can actually move more dol- cation, the number one domestic issue Frey in Iowa. That health care is going

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5319 to cost that school district $30,000 to Mr. Speaker, we have heard a lot of dren’s education against the reduction $40,000 a year just for the nurse. discussion today about the issue of in class sizes. This is a program for the The party that was in control of this flexibility. We have heard speakers purposes of reducing class sizes. Al- Congress for 40 years and during the who oppose allowing the localities to ready one of the criticisms is that whole period of IDEA did not put nec- make the choice as to whether to spend there is not enough money to do it essary funding in. We are only funding money on hiring new teachers or for properly. it at 12 percent. With this court deci- IDEA, that this is somehow a super- So if some States do not want to use sion, they needed even more. Here we fluous amendment. Nothing could be it for that purpose, then the money can have the opportunity to put the money less superfluous than this amendment. be reallocated to the States who have a in, and they are against allowing the This is a very important issue for every crying need to lower their class sizes, schools the flexibility. school board in this country. and they can get about that business. Mr. CLAY. Mr. Speaker, I yield 3 We have heard discussion about the This is not a mandatory program. It is minutes to the gentlewoman from New issue of let us pick or we should not be not required that one takes money York (Mrs. MCCARTHY). picking. We are not making the choices from the Federal Government. Mrs. McCARTHY of New York. Mr. here in Congress, nor should we be The notion that somehow that this is Speaker, I rise in support of the Clay making the choices. The fact is, Mr. really about helping with IDEA, it is motion to instruct conferees. I am on Speaker, that we should give local interesting that, in the budget resolu- the Committee on Education and the school boards the right to decide tion that the Republicans are going to Workforce, and I certainly have been whether they need to reduce class size bring to the floor, there was an at- working with both sides of the aisle to or whether they need to provide more tempt there to fully fund IDEA, and all make sure that we had a good Ed-Flex funding for IDEA. of the Republicans voted against it. bill go out. It troubles me greatly that I support full funding of IDEA, but I So they say they are all upset that now we are adding something else on am willing, if you will, to put my we have only funded 10 percent or 12 that was not there in the beginning. money where my mouth is and to say percent since we made the promise to No more than an hour ago, I met in this forum here that we should give fully fund the excess cost, and yet with 25 students from New York Tech. local school boards every opportunity when they had the chance in the budg- These were students that certainly did they possibly can to put scarce re- et resolution to vote it for it, they very well because of IDEA. IDEA is sources into IDEA. Indeed, Mr. Speak- voted against it. something that helped my son get er, a vote for this motion is a vote to So let us understand what is going on through high school and now college. deny local school boards that option. here. There is an attempt here to derail So I can say that I am certainly a sup- It does not pit one group against an- and deny a President a program that is porter of IDEA. I am certainly a sup- other. What it does is it gives the local very popular among parents, among porter of bringing the funding up to 40 school boards the opportunity to do school administrators and others to try percent. what is best for their own constitu- and reduce class size, because reduced What scares me is that we are pitting encies. If class size is not the top pri- class size does appear to be having an this bill against another bill, IDEA and ority for a local school board, then it impact. Ed-Flex. We should be working on all should be something else. I think IDEA I appreciate what the gentleman levels to give our children the best edu- should be the highest funding priority said, it is about the quality of teacher. cation that we can. We should not be for this Congress. Nobody has fought harder for the qual- fighting about this. Our children are at So, Mr. Speaker, I rise in opposition ity of teacher. But I have met an awful stake. of the motion to instruct. I support lot of good teachers, an awful lot of I do believe that we should be dealing very strongly the Lott amendment. It very good teachers who will tell my with IDEA on a separate issue. We provides local school districts with an colleagues that it is very difficult to do should be dealing with our teachers on additional $1.2 billion, yes, to hire their job when they are teaching 35 and a separate issue. Let IDEA go. Let it go more teachers if they choose, and, yes, 40 students at different grade levels. forward to the schools and to the to provide more money for IDEA. The point is this, that the Senate can States with the intention of what Con- Please oppose this motion to instruct try and derail that presidential progress passed and also what the Senate and send this bill to conference so that gram, or we can deal with Ed-Flex passed. we can include the Lott amendment in straight up, which we ought to do. Mr. Speaker, all of us on our com- the final of the version of the bill So let us just understand that that is mittee care very much about the chil- which we send to the President. what is taking place here. This is not dren. All of us on the Committee on Mr. CLAY. Mr. Speaker, I yield 3 about IDEA other than to use it as a Education and the Workforce want to minutes to the gentleman from Cali- battering ram against the presidential do the right thing. Let us not start fornia (Mr. GEORGE MILLER). program that many, many school dis- fighting about this, because the ones Mr. GEORGE MILLER of California. tricts are waiting to be able to take ad- that are going to get hurt in the end Mr. Speaker, I thank the gentleman vantage of. Schools do not want to do are going to be our children. Let us not from Missouri for yielding me this it, then do not do it. let politics get in the way of this. We time. But the fact of the matter is that we just came back from Hershey, hope- Mr. Speaker, I rise in strong support should do full funding of IDEA. But fully to get along with each other, and of this motion to instruct, and I appre- when my colleagues had their oppor- this is not the right way to start it. ciate what people have said on the tunity to do it, they did not do it. We I support Ed-Flex as it is. I certainly other side. But the fact of the matter is could have it in the budget resolution will support IDEA for full funding, and that the program to provide for 100,000 on the floor this week, but the choice I support 100,000 new teachers. Most of teachers over the next several years in was not to do that. The choice was to us here will do that. Let us not tear it the classrooms of this country is a pro- go off and fund star wars or whatever apart. gram that was passed by this Congress. else they are doing with the money I ask my colleagues to support the It is a high priority for the President of that they have. Clay motion, and let us deal with all the United States. Now what we see is So let us keep the two things sepa- the other issues on a separate basis. an attempt in the Senate to try and re- rate and understand that this is about Mr. GOODLING. Mr. Speaker, I yield nege on that promise, to torpedo that Ed-Flex. We ought to pass an Ed-Flex 3 minutes to the gentleman from New program because the other side does bill. We ought to send that Ed-Flex bill Hampshire (Mr. BASS). not like the idea of using this money to to the President of the United States, Mr. BASS. Mr. Speaker, I thank the reduce class sizes. and we can come back, and we can keep gentleman from Pennsylvania for Now what they have decided to do is our promise on the 100,000 teachers. yielding me this time. they are going to pit disabled chil- Then we can deal with IDEA when the

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time comes for us to deal with that in b 1745 from Missouri (Mr. CLAY) has 91⁄2 min- the appropriations bill. Mr. CLAY. Mr. Speaker, I yield 4 utes remaining. Mr. GOODLING. Mr. Speaker, I yield minutes to the gentleman from Oregon Mr. GOODLING. Mr. Speaker, I yield 2 minutes to the gentleman from Geor- 3 minutes to the gentleman from Cali- (Mr. WU). fornia (Mr. CUNNINGHAM). Mr. WU. Mr. Speaker, I rise in sup- gia (Mr. ISAKSON), our newest member Mr. CUNNINGHAM. Mr. Speaker, I port of the motion to instruct. on the committee. am surprised at the gentleman from We hear quite often these days that Mr. ISAKSON. Mr. Speaker, I rise in opposition to the motion to instruct, California (Mr. GEORGE MILLER) who Americans are disenchanted with poli- just preceded me. For 40 years, the tics, disgusted with politicians, and and as I listen to the debate from both Democrats controlled this House. The feel disconnected from Washington, sides, I think both sides would really agree with voting against instructing most they ever gave IDEA was 7 per- D.C. Is it any wonder, when the Senate for the following reason. cent. leadership makes a commitment to re- For whatever its intention, this par- duce class size and tells schools to plan We came in. I was chairman of the ticular amendment forces us to take a for those funds and then reneges on committee that sat literally the school choice between a direction of spending that promise? Is it any wonder that groups and the parent groups together money on teachers or on IDEA, when in Americans do not trust politicians in with the gentleman from Pennsylvania fact it was this House, when it passed (Chairman GOODLING), locked them in Washington, D.C.? the Educational Flexibility Act, which Oregonians and Americans want class the room and said no bread or water passed an act that in seven Federal size reduction, not Senate amendments until they come out. programs, including Title I, gave waiv- that take this historic measure away My colleagues want to help IDEA? ers of local and State rules to local sys- from our children. Nor do Americans Listen to Alan Burson, San Diego city tems to spend money for the better- want to pit a good public education for schools, a former Clinton appointee. ment of children. It did not deal with The unions and the trial lawyers are all children against a good education 100,000 teachers, nor did it deal with ripping off IDEA. My colleagues give for special needs children. We can do the funding of IDEA. them more money, and the local trial both. We are a country that can afford I think both sides understand that lawyers are going to come in and rip to do both. We need to do both and we whether or not we continue the com- them off. Talk to our new Governor, can afford to do no less. mitment on teachers will be dealt with Gray Davis. Ask him what the problem Studies show that when we reduce later in authorization; whether or not is with IDEA. It is his number one class size in the early grades and give we rise to fund IDEA will be dealt with problem. students the attention they deserve, later. But today this House has the We have a problem of losing good the learning gains last a lifetime. Only chance to stand firm behind a bill that teachers. Carolyn Nunes just happens 2 nights ago I was having dinner with it passed which in fact caused the Sen- to be my sister-in-law. She is in charge two schoolteachers, and they were ate to take action. and the director for all special edu- planning for next year. School districts Notwithstanding whatever our opin- cation of all San Diego city schools. right now are making their plans for ion of the amendment may have been, She is losing good teachers because the next year. Right now. And they were we should leave here united behind the trial lawyers are forcing these teach- uncertain whether they were going to House message, which was flexibility ers, who just want to help children, get the funds for class size reduction. to local schools, waivers of rules to they want to help children, they are Now, they do not understand par- allow them to be able to do what they not trial lawyers, they are being forced liamentary procedure, but they are think is best. Let us debate later, and into the courts, and they are leaving deeply concerned. at the appropriate time, how many Each school year comes only one because they are getting battered by more teachers we fund for the class- time in a child’s life. Johnny will have the trial lawyers. Help us. Help us com- room or where the IDEA money comes only one pass at first grade. Sally will bat that. from. have only one pass at second grade. My colleagues talk about 100,000 And just so it is clear, it is really not There will be only one pass at third appropriate on an instruction to all of teachers. My colleagues wanted 100,000 grade for each child. teachers in the President’s bill, a big a sudden hire 100,000 teachers, spend Decades ago we issued a promissory $3.6 billion, which I understand is the political move, but they wanted to note to educate Americans with dis- raise taxes $139 billion. They wanted cost, and not even consider the man- abilities. Last year we issued a promis- date of additional benefits and supple- government to control it. We said no. sory note to America’s children to re- No new taxes of $139 billion. We are ments to local systems, plus whether duce class size and to improve public or not there will even be an ongoing going to send the money directly to the education. To borrow a phrase, Mr. schools, and it is going to be under the commitment in the future. Speaker, when these children come I would submit that for us to con- caps. If my colleagues want to break back to this Congress to redeem those tinue what this House began, we should the budget, be my guest. We feel that a promissory notes, will we stamp them send back the message that we are for balanced budget is necessary and to ‘‘insufficient funds’’? We cannot do educational flexibility, we should have handle that. that. We cannot afford to do that. our conferees stand firm for that which Ed-Flex. It is amazing how difficult Mr. Speaker, we can afford to edu- we passed, and we should not place our- it is to pass a bipartisan bill that the cate all children and special needs chil- selves or anyone else in the position of President supports, that Republicans dren. Let us not put partisanship and picking over children or teachers, all support. But yet there is those who political battles in front of real for the sake of politics. still want government control, govern- progress for America’s schoolchildren. Mr. GOODLING. Mr. Speaker, I yield ment control. Let us honor the commitment we have 2 minutes to the gentleman from Penn- Look up www.dsausa.org. That is the already made to our schools. That way sylvania (Mr. PETERSON). Democrat socialist party. Look under we start the effort to reduce class size Mr. PETERSON of Pennsylvania. Mr. the progressive caucus and their 12- and we keep a crucial promise we have Speaker, I thank the chairman for point agenda: government control of made to our children. yielding me this time. health care, government control of Mr. GOODLING. Mr. Speaker, what is It was interesting listening to this education, government control of pri- the division of time at the present discussion today on a bill that is vate property, to raise taxes the high- time? geared to give schools more flexibility. est level ever, and cut defense by 50 The SPEAKER pro tempore (Mr. The first argument against was we percent. That is what we are fighting BRADY of Texas). The gentleman from should not rob Peter to pay Paul. on here. We are trying to give flexi- Pennsylvania (Mr. GOODLING) has 13 Now, as I looked at this bill or this bility, not bigger government. minutes remaining, and the gentleman language from Senator LOTT, it says

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5321 ‘‘you may’’. It does not say ‘‘you However, they did not only fail to do of choice and management and control shall’’. Now, if we are robbing Peter, that but instead, in the case of the at the local level, we thought this was that means we are taking it from him Senate, retreated from the bipartisan good for America and good for the and we are giving it to Paul. That is agreement reached last year. There is schoolchildren. We were very excited not happening. nothing more timely or important than about the move toward that end.’’ It is interesting who is doing the rob- giving parents and teachers the reas- That is the end of the quote of the bing. The language we are now being surance that their children will be able gentleman from Texas (Mr. DICK asked to include is robbing our commu- to learn in smaller classes.’’ ARMEY). They were excited about hir- nities of their wisdom, it is robbing our And Secretary Riley says, ‘‘I urge ing 100,000 new teachers last October. schools of fixing their priorities if they Congress to drop the amendments that And the chairman of this committee, choose to. undermine last year’s bipartisan agree- of the Committee on Education and the Then we have the argument that we ment to reduce class size and reach Workforce, the gentleman from Penn- are trying to deny the President his agreement on the Ed-Flex bill with sylvania (Mr. BILL GOODLING). Let us program. I fault all governors and strong, responsible accountability pro- see what he said about it. He said, ‘‘It Presidents from adequately funding ex- visions. It is unfortunate that the first is a huge win for local educators and isting programs or fixing them. They education debate of this Congress parents who are fed up with the Wash- are always wanting new ones because ended in partisan efforts instead of ad- ington mandates, red tape and regula- they can put their names on them. If dressing the serious issues confronting tion.’’ He is talking about the man- we are in the business of legacies, then our Nation’s schools. Our students, par- dating of 100,000 new teachers. That is we are not in the business of helping ents and teachers want, need and de- his quote. schools. serve better.’’ So, Mr. Speaker, I say to my col- The more flexibility we give to Mr. Speaker, I do not understand the leagues, if they are for reducing class- schools, I want to tell my colleagues, I switch in the Republican position on es, if they are for giving children more have faith that education will improve. 100,000 new teachers to reduce class- individualized attention, if they are for We are 7 percent of the money and 70 room sizes. Last year the Republican improving student achievement, they percent of the paperwork, teachers and leadership, including Speaker Newt must support the Clay motion to in- administrators tell me. Are we the sav- Gingrich; the majority leader, the gen- struct. ior? No, we are the problem. So the tleman from Texas (Mr. DICK ARMEY); b 1800 more flexibility we give them, the and chairman of the Committee on more we allow local decision-making Education and the Workforce, the gen- We should never pit one group of par- progress, the better the quality of edu- tleman from Pennsylvania (Mr. BILL ents against each other to score polit- cation will be. GOODLING) gave glowing praise to the ical points. The disability community Nobody is robbing Peter to pay Paul. concept of 100,000 new teachers and and the Chief States School Officers This language robs local districts to voted to start on the 100,000 new teach- and the National PTA support this mo- choose if their wisdom tells them they ers; voted for $1.2 billion to start fund- tion. should. ing the 100,000 new teachers. We have promised America’s school- Mr. GOODLING. Mr. Speaker, I yield On October 15 of 1998, President Clin- children 100,000 new, well-qualified myself the balance of my time. ton and congressional budget nego- teachers. This motion demonstrates Mr. Speaker, unfortunately, my col- tiators reached agreement on a bill for that we intend to keep that promise, leagues have put the conferees on this 1999. Among the programs included in and I ask my colleagues to support the side in a very difficult position, be- that agreement was $1.2 billion in- motion to instruct. cause what basically they have done is vested to hire 100,000 teachers to reduce Mr. Speaker, I yield back the balance opened up a debate and a discussion class sizes across America. Here is how of my time. that should not have been opened up. the Republican leaders described the Mr. GOODLING. Mr. Speaker, I ask And I would imagine that these con- 100,000 teachers legislation at the time. unanimous consent for an additional 30 ferees from this side will be told quite Former Speaker Newt Gingrich. ‘‘We seconds since my name was used. a few things by the conference which said the local school board would make Mr. CLAY. Mr. Speaker, I object. He otherwise would not have happened. the decision. No new Federal bureauc- had his time. I object to the request. Unfortunate. Poor judgment. Neverthe- racy, no new State bureaucracy, not a The SPEAKER pro tempore (Mr. less, that is what has happened. penny in the bill that was passed goes BRADY of Texas). Objection is heard. Mr. Speaker, I encourage everyone to to pay for bureaucracy. All of it goes to Mr. PAYNE. Mr. Speaker, I rise in support vote ‘‘no’’ on the motion to instruct. the local school districts.’’ Then House of this motion to instruct. Mr. LOTT’s amend- Mr. CLAY. Mr. Speaker, I yield my- Speaker Newt Gingrich, a Georgia Re- ment that was included in the Senate passed self the balance of my time. publican, called it ‘‘A victory for the version of the Education Flexibility Partnership In regards to that last statement, let American people. There will be more Act would gut the ability of schools to hire me say that we on this side did not teachers, and that is good for all Amer- more teachers for our classrooms. open this debate. It was Senator LOTT icans.’’ The Republicans would like you to believe who opened the debate. And this mo- The majority leader, the gentleman that this amendment will help our schools tion to instruct will correct the debate from Texas (Mr. DICK ARMEY), when more because funds would be reallocated to- that Senator LOTT opened. asked what he would say are the key ward special education. Pitting one education Mr. Speaker, let me read something Republican achievements of this bill, priority against the other is bad public policy from the Secretary of Education, Rich- responded, ‘‘Well, I think quite frankly and bad politics. This is an attempt by the Re- ard Riley, in regards to this particular I am very proud of what we did and the publicans to have American people believe problem that we are dealing with. Sec- timeliness of it. We were very pleased that education is a priority in the GOP. retary Riley says, ‘‘I am deeply dis- to receive the President’s request for But if you look closely at the Budget they appointed that Congress took steps in more teachers, especially since he of- have come up with, it is obviously not the the wrong direction over the last 2 fered to provide a way to pay for them. truth. While they may have increased edu- days as it failed to make a long-term And when the President’s people are cation funding by $500 million above the 1999 commitment to reduce class size. Both willing to work with us, so that we can level for elementary and secondary programs, the House and the Senate had opportu- let the State and local communities they have decreased funds by cutting funds nities to let local school districts know take this money, make these decisions, for the Pell Grants, Work Study and other pro- that funds will continue to be avail- manage that money, spend the money grams for low-income college students. able, so that over 7 years 100,000 teach- on teachers as they saw the need, Democrats and true education advocates ers can be hired to reduce class sizes in whether it be for special education or know that the key to improving education in grades 1 to 3 to 18 students per teacher. for regular teaching, with the freedom this country cannot be achieved by picking

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00079 Fmt 0688 Sfmt 9920 E:\BR99\H23MR9.002 H23MR9 5322 CONGRESSIONAL RECORD—HOUSE March 23, 1999 and choosing programs to adequately fund. Price (NC) Sherman Towns NOT VOTING—6 Rahall Shows Traficant We must ensure that the entire funding level Barr Hooley Ros-Lehtinen Rangel Sisisky Turner Gekas Myrick Stupak for education programs is funded at an ade- Reyes Skelton Udall (CO) quate level and only then will we see true im- Rivers Slaughter Udall (NM) b 1820 provements in achieving among our students. Rodriguez Snyder Vela´ zquez Messrs. CANNON, GARY MILLER of Americans must realize that we truly value all Roemer Spratt Vento Rothman Stabenow Visclosky California, POMEROY, KNOLLEN- education initiatives and we do not pit one Roukema Stark Waters BERG and RYAN of Wisconsin changed against the other. Roybal-Allard Stenholm Watt (NC) their vote from ‘‘yea’’ to ‘‘nay.’’ I urge members to vote for this motion to in- Rush Strickland Waxman Sanchez Tanner Weiner Mr. KLECZKA changed his vote from struct. ‘‘nay’’ to ‘‘yea.’’ The Speaker pro tempore. Without Sanders Tauscher Wexler Sandlin Taylor (MS) Weygand So the motion to instruct was re- objection, the previous question is or- Sawyer Thompson (CA) Wise jected. dered. Schakowsky Thompson (MS) Woolsey The result of the vote was announced There was no objection. Scott Thurman Wu Serrano Tierney Wynn as above recorded. The SPEAKER pro tempore. The A motion to reconsider was laid on question is on the motion to instruct NAYS—222 the table. offered by the gentleman from Mis- Aderholt Gilman Paul The SPEAKER pro tempore (Mr. souri (Mr. CLAY). Archer Goode Pease BRADY of Texas). The Chair will an- The question was taken; and the Armey Goodlatte Peterson (PA) nounce the appointment of conferees Bachus Goodling Petri Speaker pro tempore announced that later today. the noes appeared to have it. Baker Goss Pickering Ballenger Graham Pitts f Mr. CLAY. Mr. Speaker, I object to Barrett (NE) Granger Pombo the vote on the ground that a quorum Bartlett Green (WI) Pomeroy REPORT ON RESOLUTION PRO- is not present and make the point of Barton Greenwood Porter VIDING FOR CONSIDERATION OF Bass Gutknecht Portman order that a quorum is not present. Bateman Hall (TX) Pryce (OH) H.R. 1141, 1999 EMERGENCY SUP- The SPEAKER pro tempore. Evi- Bereuter Hansen Quinn PLEMENTAL APPROPRIATIONS dently a quorum is not present. Biggert Hastings (WA) Radanovich ACT Bilbray Hayes Ramstad The Sergeant at Arms will notify ab- Bilirakis Hayworth Regula Mr. GOSS, from the Committee on sent Members. Bliley Hefley Reynolds Rules, submitted a privileged report The vote was taken by electronic de- Blunt Herger Riley (Rept. No. 106–76) on the resolution (H. vice, and there were—yeas 205, nays Boehlert Hill (MT) Rogan Boehner Hilleary Rogers Res. 125) providing for consideration of 222, not voting 6, as follows: Bonilla Hobson Rohrabacher the bill (H.R. 1141) making emergency [Roll No. 64] Bono Hoekstra Royce supplemental appropriations for the Brady (TX) Horn Ryan (WI) fiscal year ending September 30, 1999, YEAS—205 Bryant Hostettler Ryun (KS) Abercrombie Dixon Larson Burr Houghton Sabo and for other purposes, which was re- Ackerman Doggett Lee Burton Hulshof Salmon ferred to the House Calendar and or- Allen Dooley Levin Buyer Hunter Sanford dered to be printed. Andrews Doyle Lewis (GA) Callahan Hutchinson Saxton Baird Edwards Lofgren Calvert Hyde Scarborough f Baldacci Engel Lowey Camp Isakson Schaffer Baldwin Eshoo Lucas (KY) Campbell Istook Sensenbrenner PROVIDING AMOUNTS FOR EX- Barcia Etheridge Luther Canady Jenkins Sessions PENSES OF CERTAIN COMMIT- Barrett (WI) Evans Maloney (CT) Cannon Johnson (CT) Shadegg TEES OF THE HOUSE OF REP- Becerra Farr Maloney (NY) Castle Johnson, Sam Shaw RESENTATIVES IN THE 106TH Bentsen Fattah Markey Chabot Jones (NC) Shays Berkley Filner Martinez Chambliss Kasich Sherwood CONGRESS Berman Ford Mascara Chenoweth Kelly Shimkus Mr. THOMAS. Mr. Speaker, by direc- Berry Frank (MA) Matsui Coble King (NY) Shuster Bishop Frost McCarthy (MO) Coburn Kingston Simpson tion of the Committee on House Ad- Blagojevich Gejdenson McCarthy (NY) Collins Knollenberg Skeen ministration, I offer a privileged reso- Blumenauer Gephardt McDermott Combest Kolbe Smith (MI) lution (H. Res. 101) providing amounts Bonior Gonzalez McGovern Cook Kuykendall Smith (NJ) Borski Gordon McIntyre Cooksey LaHood Smith (TX) for the expenses of certain committees Boswell Green (TX) McKinney Cox Largent Smith (WA) of the House of Representatives in the Boucher Gutierrez McNulty Crane Latham Souder 106th Congress, and ask for its imme- Boyd Hall (OH) Meehan Cubin LaTourette Spence diate consideration. Brady (PA) Hastings (FL) Meek (FL) Cunningham Lazio Stearns Brown (CA) Hill (IN) Meeks (NY) Davis (VA) Leach Stump The SPEAKER pro tempore. The Brown (FL) Hilliard Menendez Deal Lewis (CA) Sununu Clerk will report the resolution. Brown (OH) Hinchey Millender- DeLay Lewis (KY) Sweeney The Clerk read as follows: Capps Hinojosa McDonald DeMint Linder Talent Capuano Hoeffel Miller, George Diaz-Balart Lipinski Tancredo H. RES. 101 Cardin Holden Minge Dickey LoBiondo Tauzin Resolved, Carson Holt Mink Doolittle Lucas (OK) Taylor (NC) SECTION 1. COMMITTEE EXPENSES FOR THE ONE Clay Hoyer Moakley Dreier Manzullo Terry HUNDRED SIXTH CONGRESS. Clayton Inslee Mollohan Duncan McCollum Thomas Clement Jackson (IL) Moore Dunn McCrery Thornberry (a) IN GENERAL.—With respect to the One Clyburn Jackson-Lee Moran (VA) Ehlers McHugh Thune Hundred Sixth Congress, there shall be paid Condit (TX) Murtha Ehrlich McInnis Tiahrt out of the applicable accounts of the House Conyers Jefferson Nadler Emerson McIntosh Toomey of Representatives, in accordance with this Costello John Napolitano English McKeon Upton primary expense resolution, not more than Coyne Johnson, E. B. Neal Everett Metcalf Walden the amount specified in subsection (b) for the Cramer Jones (OH) Oberstar Ewing Mica Walsh Crowley Kanjorski Obey Fletcher Miller (FL) Wamp expenses (including the expenses of all staff Cummings Kaptur Olver Foley Miller, Gary Watkins salaries) of each committee named in that Danner Kennedy Ortiz Forbes Moran (KS) Watts (OK) subsection. Davis (FL) Kildee Owens Fossella Morella Weldon (FL) (b) COMMITTEES AND AMOUNTS.—The com- Davis (IL) Kilpatrick Pallone Fowler Nethercutt Weldon (PA) mittees and amounts referred to in sub- DeFazio Kind (WI) Pascrell Franks (NJ) Ney Weller section (a) are: Committee on Agriculture, DeGette Kleczka Pastor Frelinghuysen Northup Whitfield $8,564,493; Committee on Armed Services, Delahunt Klink Payne Gallegly Norwood Wicker DeLauro Kucinich Pelosi Ganske Nussle Wilson $10,599,855; Committee on Banking and Fi- Deutsch LaFalce Peterson (MN) Gibbons Ose Wolf nancial Services, $9,725,255; Committee on Dicks Lampson Phelps Gilchrest Oxley Young (AK) the Budget, $9,940,000; Committee on Com- Dingell Lantos Pickett Gillmor Packard Young (FL) merce, $15,537,415; Committee on Education

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.002 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5323 and the Workforce, $12,382,569.63; Committee such committee, and approved in the manner noon on January 3, 1999, and ending imme- on Government Reform, $21,028,913; Com- directed by the Committee on House Admin- diately before noon on January 3, 2000. mittee on House Administration, $6,307,220; istration. (b) COMMITTEES AND AMOUNTS.—The commit- Permanent Select Committee on Intel- SEC. 5. REGULATIONS. tees and amounts referred to in subsection (a) ligence, $5,369,030.17; Committee on Inter- Amounts made available under this resolu- are: Committee on Agriculture, $4,101,062; Com- national Relations, $11,659,355; Committee on tion shall be expended in accordance with mittee on Armed Services, $5,047,079; Committee the Judiciary, $13,575,939; Committee on Re- regulations prescribed by the Committee on on Banking and Financial Services, $4,552,023; sources, $11,270,338; Committee on Rules, House Administration. Committee on the Budget, $4,970,000; Committee $5,069,424; Committee on Science, SEC. 6. RESERVE FUND FOR UNANTICIPATED EX- on Commerce, $7,564,812; Committee on Edu- $9,018,326.30; Committee on Small Business, PENSES. cation and the Workforce, $5,908,749; Committee $4,399,035; Committee on Standards of Offi- There is hereby established a reserve fund on Government Reform, $9,773,233; Committee on cial Conduct, $2,860,915; Committee on Trans- for unanticipated expenses of committees for House Administration, $2,980,255; Permanent Se- portation and Infrastructure, $14,539,260; the One Hundred Sixth Congress. Amounts in lect Committee on Intelligence, $2,514,916; Com- Committee on Veterans’ Affairs, $5,220,900; the fund shall be paid to a committee pursu- mittee on International Relations, $5,635,000; and Committee on Ways and Means, ant to an allocation approved by the Com- Committee on the Judiciary, $5,787,394; Com- $11,960,876. mittee on House Administration. mittee on Resources, $5,208,851; Committee on Rules, $2,488,522; Committee on Science, SEC. 2. FIRST SESSION LIMITATIONS. SEC. 7. ADJUSTMENT AUTHORITY. $4,410,560; Committee on Small Business, (a) IN GENERAL.—Of the amount provided The Committee on House Administration $2,037,466; Committee on Standards of Official for in section 1 for each committee named in shall have authority to make adjustments in Conduct, $1,272,416; Committee on Transpor- subsection (b), not more than the amount amounts under section 1, if necessary to tation and Infrastructure, $6,410,069; Committee specified in such subsection shall be avail- comply with an order of the President issued on Veterans’ Affairs, $2,334,800; and Committee able for expenses incurred during the period under section 254 of the Balanced Budget and on Ways and Means, $5,814,367. beginning at noon on January 3, 1999, and Emergency Deficit Control Act of 1985 or to ending immediately before noon on January conform to any reduction in appropriations SEC. 3. SECOND SESSION LIMITATIONS. 3, 2000. for the purposes of such section 1. (a) IN GENERAL.—Of the amount provided for (b) COMMITTEES AND AMOUNTS.—The com- in section 1 for each committee named in sub- mittees and amounts referred to in sub- Mr. THOMAS (during the reading). section (b), not more than the amount specified section (a) are: Committee on Agriculture, Mr. Speaker, I ask unanimous consent in such subsection shall be available for ex- $4,175,983; Committee on Armed Services, that the resolution and the committee penses incurred during the period beginning at $5,114,079; Committee on Banking and Finan- amendment in the nature of a sub- noon on January 3, 2000, and ending imme- cial Services, $4,782,996; Committee on the stitute be considered as read and print- diately before noon on January 3, 2001. Budget, $4,970,000; Committee on Commerce, ed in the RECORD. (b) COMMITTEES AND AMOUNTS.—The commit- $7,597,758; Committee on Education and the The SPEAKER pro tempore. Is there tees and amounts referred to in subsection (a) Workforce, $6,427,328.22; Committee on Gov- are: Committee on Agriculture, $4,312,971; Com- ernment Reform, $10,301,933; Committee on objection to the request of the gen- mittee on Armed Services, $5,295,602; Committee House Administration, $3,055,255; Permanent tleman from California? on Banking and Financial Services, $4,755,498; Select Committee on Intelligence, There was no objection. Committee on the Budget, $4,970,000; Committee $2,609,105.06; Committee on International Re- COMMITTEE AMENDMENT IN THE NATURE OF A on Commerce, $7,720,301; Committee on Edu- lations, $5,776,761; Committee on the Judici- SUBSTITUTE cation and the Workforce, $5,291,748; Committee ary, $6,523,985; Committee on Resources, The text of the committee amend- on Government Reform, $9,997,000; Committee on $5,530,746; Committee on Rules, $2,488,522; ment in the nature of a substitute is as House Administration, $3,271,616; Permanent Se- Committee on Science, $4,453,860.90; Com- lect Committee on Intelligence, $2,649,528; Com- mittee on Small Business, $2,094,868; Com- follows: mittee on International Relations, $5,678,531; mittee on Standards of Official Conduct, Committee amendment in the nature of a Committee on the Judiciary, $6,364,881; Com- $1,382,916; Committee on Transportation and substitute: mittee on Resources, $5,359,057; Committee on Infrastructure, $7,049,818; Committee on Vet- Strike out all after the resolving clause Rules, $2,580,902; Committee on Science, erans’ Affairs, $2,497,291; and Committee on and insert: $4,521,166; Committee on Small Business, Ways and Means, $5,833,436. SECTION 1. COMMITTEE EXPENSES FOR THE ONE $2,111,414; Committee on Standards of Official SEC. 3. SECOND SESSION LIMITATIONS. HUNDRED SIXTH CONGRESS. Conduct, $1,360,499; Committee on Transpor- (a) IN GENERAL.—Of the amount provided (a) IN GENERAL.—With respect to the One tation and Infrastructure, $6,810,069; Committee for in section 1 for each committee named in Hundred Sixth Congress, there shall be paid out on Veterans’ Affairs, $2,400,335; and Committee subsection (b), not more than the amount of the applicable accounts of the House of Rep- on Ways and Means, $6,115,971. specified in such subsection shall be avail- resentatives, in accordance with this primary SEC. 4. VOUCHERS. able for expenses incurred during the period expense resolution, not more than the amount Payments under this resolution shall be made beginning at noon on January 3, 2000, and specified in subsection (b) for the expenses (in- on vouchers authorized by the committee in- ending immediately before noon on January cluding the expenses of all staff salaries) of each volved, signed by the chairman of such com- 3, 2001. committee named in that subsection. mittee, and approved in the manner directed by (b) COMMITTEES AND AMOUNTS.—The com- (b) COMMITTEES AND AMOUNTS.—The commit- the Committee on House Administration. tees and amounts referred to in subsection (a) mittees and amounts referred to in sub- SEC. 5. REGULATIONS. are: Committee on Agriculture, $8,414,033; Com- section (a) are: Committee on Agriculture, Amounts made available under this resolution mittee on Armed Services, $10,342,681; Committee $4,388,510; Committee on Armed Services, shall be expended in accordance with regula- on Banking and Financial Services, $9,307,521; $5,485,776; Committee on Banking and Finan- tions prescribed by the Committee on House Ad- Committee on the Budget, $9,940,000; Committee cial Services, $4,942,259; Committee on the ministration. Budget, $4,970,000; Committee on Commerce, on Commerce, $15,285,113; Committee on Edu- cation and the Workforce, $11,200,497; Com- SEC. 6. RESERVE FUND FOR UNANTICIPATED EX- $7,939,657; Committee on Education and the PENSES. mittee on Government Reform, $19,770,233; Com- Workforce, $5,955,241.41; Committee on Gov- There is hereby established a reserve fund of mittee on House Administration, $6,251,871; Per- ernment Reform, $10,726,980; Committee on $3,000,000 for unanticipated expenses of commit- manent Select Committee on Intelligence, House Administration, $3,251,965; Permanent tees for the One Hundred Sixth Congress. $5,164,444; Committee on International Rela- Select Committee on Intelligence, Amounts in the fund shall be paid to a com- tions, $11,313,531; Committee on the Judiciary, $2,759,925.11; Committee on International Re- mittee pursuant to an allocation approved by $12,152,275; Committee on Resources, $10,567,908; lations, $5,882,594; Committee on the Judici- the Committee on House Administration. ary, $7,051,954; Committee on Resources, Committee on Rules, $5,069,424; Committee on SEC. 7. ADJUSTMENT AUTHORITY. $5,739,592; Committee on Rules, $2,580,902; Science, $8,931,726; Committee on Small Busi- The Committee on House Administration shall Committee on Science, $4,564,465.40; Com- ness, $4,148,880; Committee on Standards of Of- have authority to make adjustments in amounts mittee on Small Business, $2,304,167; Com- ficial Conduct, $2,632,915; Committee on Trans- under section 1, if necessary to comply with an mittee on Standards of Official Conduct, portation and Infrastructure, $13,220,138; Com- order of the President issued under section 254 $1,477,999; Committee on Transportation and mittee on Veterans’ Affairs, $4,735,135; and of the Balanced Budget and Emergency Deficit Infrastructure, $7,489,442; Committee on Vet- Committee on Ways and Means, $11,930,338. Control Act of 1985 or to conform to any reduc- erans’ Affairs, $2,723,609; and Committee on SEC. 2. FIRST SESSION LIMITATIONS. tion in appropriations for the purposes of such Ways and Means, $6,127,440. (a) IN GENERAL.—Of the amount provided for section 1. SEC. 4. VOUCHERS. in section 1 for each committee named in sub- Payments under this resolution shall be section (b), not more than the amount specified The SPEAKER pro tempore. The gen- made on vouchers authorized by the com- in such subsection shall be available for ex- tleman from California (Mr. THOMAS) is mittee involved, signed by the chairman of penses incurred during the period beginning at recognized for 1 hour.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 5324 CONGRESSIONAL RECORD—HOUSE March 23, 1999 Mr. THOMAS. Mr. Speaker, I yield Their letter went on to say further, third. That argument may have worked the customary 30 minutes to the gen- and I quote, ‘‘A ratio of one-third/two- in the 104th, and perhaps in the 105th, tleman from Maryland (Mr. HOYER), thirds for all committee staff, inves- but very frankly it is time to do, Mr. the ranking member of the Committee tigative as well as statutory, is a sine Speaker, what they said on the minor- on House Administration, for purposes qua non, an absolutely essential com- ity side was fairness. That is the cri- of debate only, pending which I yield ponent of, the effort for bridging the teria that they set; that is the motion myself such time as I may consume. institutional animosities that now poi- to recommit that I will offer. It is ex- Mr. Speaker, this funding resolution, son our policy debates.’’ actly like that offered by PAT ROBERTS House Resolution 101, for the 106th It was that criteria of fairness, that in 1993 and the gentlewoman from Congress is the fairest and the most eq- PAT ROBERTS and JENNIFER DUNN in- Washington (Ms. DUNN) in 1994. uitable in distributing the resources to cluded in their amendments, and in Mr. Speaker, I reserve the balance of the committees in the recorded history their motions to recommit on the my time. of the House. More resources, staff, floor, for which every Republican, save Mr. THOMAS. Mr. Speaker, I yield equipment and dollars are being pro- one, DON YOUNG of Alaska, voted in myself 15 seconds. vided to the minority in this resolution 1993 and 1994, of those Republicans who I would only tell my friend from than in any other Congress. Speaker still serve in this body. Maryland (Mr. HOYER) that perhaps he Hastert has provided more resources b 1830 should have had the foresight to vote than former Speakers, including for that motion to recommit. Since he Now let me make it very clear to my Speaker Foley, Speaker Wright, Speak- did not and no Democrat voted for it, colleagues on my side of the aisle. To er O’Neill, Speaker Albert, Speaker they sent a pretty clear message that his credit, the gentleman from Cali- McCormick, Speaker Rayburn. I think that was not something that they were fornia (Mr. THOMAS) has fully adopted you have got the idea. That also infor. Notwithstanding that, I think my the one-third/two-thirds principle for cludes Speaker Gingrich in the 104th colleagues will find that the new Re- the Committee on House Administra- and the 105th Congress. Our commit- publican majority has moved in that tion. I have thanked him for that, and ment to the goal of two-thirds for the direction significantly. I admire him for that. Since 1995 he has majority and one-third to the minority 1 given our side one-third of the total Mr. Speaker, I yield 3 ⁄2 minutes to is closer than at any time in the re- the gentleman from Michigan (Mr. corded history of the House. And it is funds, one-third of the staff, and control over our share of the resources. EHLERS), a very hard-working member deserving of the Members’ support. of the committee. Mr. Speaker, I reserve the balance of Unfortunately, no other committee Mr. EHLERS. Mr. Speaker, I thank my time. chairman has fully followed his lead. the gentleman for yielding me the Mr. HOYER. Mr. Speaker, I yield my- Frequently the chairman will speak of time. self such time as I may consume. 30 percent as though it is the same as Mr. Speaker, this past weekend in one-third. It is not. One-third equals First of all, I believe this is an excel- Hershey, many of us implicitly pledged 33.3 percent, not 30 percent, not 29.8, lent resolution. We, as my colleagues to rise above our party labels and work not 31. The 3.3 percent difference can know, had some problems the last few as one when issues of right and fairness add up to thousands of dollars in lost years on this particular issue, but it is demanded it. Today, just 2 days later, resources for the minority. in much better shape now than it has after Hershey, we face the first test of Again, I call my colleagues’ atten- been in the past, both in terms of a fair that premise. If we pass the test, I have tion to the definition of ‘‘fairness’’ in- distribution and allocation among the no doubt that the 106th Congress will corporated in this statement, a defini- committees as well as a modest overall take a step in reducing the air of ani- tion that was then adopted by every increase which will better allow the mus and acrimony. Republican, save one, who was a Mem- committees to do their work. I urge my colleagues on both sides of ber of this body in 1993 and 1994, and is The remainder of my comments will the aisle to support the motion to re- a Member today. However, when the deal with the issues raised by the pre- commit that I will offer at the conclu- chairmen talk about ‘‘fairness,’’ they vious speaker, which I believe are out- sion of this debate. Without altering fail to explain why the minority does lined the ideal that we are striving for. the funding totals in House Resolution not control one-third of the nonsalary I have Several comments: 101, my motion provides for a fair, one- budget. That means whenever the mi- First, I have a chart here which re- third/two-thirds division of total com- nority staff needs to purchase a com- views the historical development of mittee resources between the majority puter or a copy machine or a box of relative staff allocation between the and minority, and the complete discre- paper clips, it must ask the chairman majority and minority on the various tion over the use of these resources. for the money to make the purchase, a committees. My colleagues will note, I offer the motion, Mr. Speaker, be- situation of which the then minority in as they look at the blue line which de- cause House Resolution 101 does not 1993 and 1994 bitterly complained. notes, on this chart, the staff levels for treat 212 Members of this body fairly, Often chairmen will claim that the the minority that designates the num- and, therefore, contravenes all that minority receives one-third of the com- ber of minority staff slots that are as- Hershey symbolizes. I might say, Mr. mittee staff slots. That may in some signed for the various committees. The Speaker, that this minority is the larg- instances be true, but if the minority minority party resources are shown as est minority in this century. does not also receive one-third of the a percentage, plotted on the left side, It was not that long ago that I could total committed funding, the staff and the red lines indicate resources al- have counted on the current majority slots may be irrelevant. And if a chair- located to the minority. My colleagues to support my motion to recommit. In man arbitrarily exempts any portion of can notice here a great jump as one a March 30, 1993 letter, signed by 31 Re- a committee staff as nonpartisan ad- goes from the Democratic-controlled publican leaders, 17 of whom still serve ministrative personnel even though House to the Republican-controlled in this body, they wrote then and I these employees work full-time in the House. quote: ‘‘If congressional reform means majority office, then the claim has This jump is something that those of anything, it means fairness to the mi- been inflated. us in mathematics refer to as a step nority in allocation and control of re- Another refrain we hear to justify a function. There is a discontinuity here. sources.’’ less than perfect implementation of If any of my colleagues understand I ask my majority colleagues to con- the one-third principle is that Demo- electronics, they will also recognize sider that language of 31 of their lead- crats on some committees did not re- this as a diagram of the current flow ers. They went on to say that ‘‘reform spect it when they were in the major- through a transistor as a function of without fairness is merely shuffling the ity, and therefore it has taken time to voltage. We can make a computer out cards in a marked deck.’’ ‘‘grow’’ their budgets to the full one- of things like this! But that is not what

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5325 we are doing here. We are simply point- The Democrat minority has made a I urge my colleagues to vote against ing out a tremendous dislocation of re- very fair and responsible request. We the resolution today and to support the sources allocated to the minority, com- make up 49 percent of the House of Hoyer motion to recommit. paring the Democratic leadership to Representatives, and we are simply Mr. THOMAS. Mr. Speaker, I yield the Republican leadership. asking for one-third of the committee myself 45 seconds. I think we deserve a great deal of funding. As former Speaker Newt Ging- Mr. Speaker, I know there are a lot credit for the improvement the Repub- rich once said, giving one-third of the of Members who have not been here licans made immediately upon assum- funding to the minority is absolutely long and therefore their history is not ing the majority, and for the contin- indispensable for bridging the institu- as deep or as long as some others. I am uous improvement we are making now, tional animosities that now poison our going to introduce the new chairman of trying to reach the ultimate goal of 33 policy debates. We all know the dam- the House Committee on the Judiciary. percent. We are actually getting fairly age this institution has suffered re- This is a headline from Roll Call, close. cently because of venomous partisan March 27, 1989. The headline says: ‘‘Six The other factor I note is that in clashes. It is my sincere hope that Committees Fail to Meet the New 20 doing some research on this, I discov- these dark days are behind us and we Percent Minority Ratio Test.’’ The ered a Roll Call newspaper article from can forge a stronger bond of trust to Democrats were using a 20 percent 1989. I discovered somewhat to my sur- work together for the good of our Na- goal. On the Committee on the Judici- prise that the Committee on House Ad- tion. A more just distribution of re- ary the ratio in 1989 was 82 percent to ministration at that time had set a 20 sources will take us down this path. the majority, 18 percent to the minor- percent ratio for the minority, which is ity. That is clearly unacceptable. But Let me cite the work of one com- when we have to move funding of a of course off the bottom of my chart mittee as an example of why it is so here and does not even begin to com- committee the size and scope of this important that we have the one-third one, and this one was not alone, we pare with what the Republicans have ratio. The performance of the Com- done for the minority in this Congress. have got to move over time. mittee on Government Reform and Mr. Speaker, I yield such time as he But what is really interesting in this Oversight illustrates what can happen article is a quote from the then-chair- may consume to the gentleman from when there is nothing to rein in an Illinois (Mr. HYDE), the chairman of man of the Committee on the Judici- overly zealous partisan agenda. The the House Committee on the Judiciary, ary, the gentleman from Texas, Mr. committee held few hearings, spent who is here to tell us what we are Brooks, who made the comment that huge sums of money, duplicated re- doing in the 106th Congress. he did not see why we even needed the sources available elsewhere, and even Mr. HYDE. Mr. Speaker, I thank the 20 percent figure for the minority be- manipulated transcripts to advance gentleman for yielding this time to me. cause, after all, the Democrats had no their agenda. Had the minority had the This institution is charged with a say in the staffing of the Republican- opportunity and resources to partici- critically important function. We are controlled executive branch. Following pate more fully in the conduct of the elected to adopt policy and to oversee that argument, we of course should be committee’s business, it might have its implementation. The enormity of below the 20 percent level now because been able to serve as a restraint on this this responsibility is sometimes forgot- we now have a Democrat President committee’s record. ten as we go about our day-to-day busi- running the country, and why should Despite its record, this committee ness, but we all know that without the we allow the Democrats more than 20 has asked for a 7 percent funding in- assistance of experienced staff we could percent? Mr. Speaker, I think that rea- crease while freezing the minority’s re- not possibly keep ourselves sufficiently soning is faulty, but it is indicative of sources at 25 percent. This is unaccept- informed on the workings of a govern- some of the attitude some Democrats able. ment that will spend nearly $1.8 tril- had at that point. Back in 1995 the Committee on House lion in the year 2000. The committees The point is simply that the Repub- must be adequately funded and staffed licans have made a very good effort to Administration stated its goal was to have one-third funding, and the gen- if Congress is going to have any ability achieve the goal of a two-thirds major- to make informed judgments as to the tleman from California (Mr. THOMAS) ity, one-third minority allocation of operation of that government or the resources and staff slots. We are mak- has lived up to that goal. Unfortu- nately, several committees have not. existence of unmet needs. ing good progress. Frankly, I hope we Given the enormity of this task, I be- get there very soon, and we may be Let me close with two final points. lieve that the $180.4 million, 2-year able to do that in the next funding There has been a lot of talk about what budget that the Committee on House cycle. But certainly no one can fault us the Democrats did and what the Repub- Administration has proposed for the 19 for our efforts to achieve that goal. I licans have done. It is important to House committees will be money well am proud of what we have achieved, keep in mind that over 43 percent of spent. As chairman of the Committee and we will continue to work in that the House Members serving here today, on the Judiciary, I can personally at- direction. 189 Members, did not serve in this Con- test to the invaluable role that com- Mr. HOYER. Mr. Speaker, I yield 3 gress prior to 1994. We are not so much mittee staff plays in advising and pre- minutes to the distinguished gen- interested in the history of who did paring Members to make difficult pol- tleman from Florida (Mr. DAVIS), a what to who. We are interested in serv- icy choices that will shape the laws of member of the Committee on House ing our constituents and moving for- our country. Administration. ward. But we cannot expect to attract and Mr. DAVIS of Florida. Mr. Speaker, One of my favorite sayings is: ‘‘Ev- retain the high-quality, expert staff we our constituents sent us here to tend to erybody is entitled to their own opin- need if we cannot afford to offer sala- their business and represent their ion, but not to their own version of the ries that are competitive with the pri- views to the best of our abilities. This facts’’ And we all know, Democrats and vate sector. We must be able to reward debate today is central to fulfilling Republicans, that one of the places good work with merit raises, and we that mission. where we can come together and mini- must be able to pay cost-of-living in- We talk about committee funding. mize disagreement is agreeing upon creases when necessary. What we are really talking about is what the facts are. Unless the Demo- Mr. Speaker, that is largely what the whether Members of Congress have crats have the staff support they need modest 1.5 percent yearly increase in adequate resources to represent their to do their work so we can come to- this resolution will be used to fund, but constituents in committees, and much gether on the fact-finding in the com- beyond that we must make sure that of the most important work in Con- mittees, then we cannot truly do what we have sufficient staff to undertake gress, the fact-finding, takes place in we were sent here to do, which is de- our legislative and our oversight re- committee. bate our opinions. sponsibilities.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 5326 CONGRESSIONAL RECORD—HOUSE March 23, 1999 In the 105th Congress, the Committee least one-third of the resources of all We need to have first class staff, and I on the Judiciary was one of the most committees and one-third of disburse- think we have that, but we have to active committees in the House. We ments from the reserve fund. compensate them and I think that this were referred over 15 percent of the One would think that it is fairly measure does just that. total legislative measures introduced clear that if the ratio in the full House I thank my friend and congratulate and were responsible for the enactment of Representatives is approximately 51 him for his fine work. of 70 bills and 10 private laws. We an- percent to 49 percent, that at the very Mr. HOYER. Mr. Speaker, I yield my- ticipate the committee will continue if least the 49 percent should have at self 15 seconds. not increase this pace in the 106th Con- least one-third of the human resource Mr. Speaker, on March 30, 1993, as I gress. allocations and one-third of the fund- said earlier, 31 Republican leaders wrote to the gentleman from California b 1845 ing, but that is not the case, and that is why this resolution is so inherently (Mr. DREIER) and Mr. Hamilton in their Statistics are not everything. Our unfair. capacity as cochairs of the Joint Com- charge is not to turn out legislation I think that my Committee on Bank- mittee on the Organization of Con- with the speed of light but to produce ing and Financial Services is probably gress. The gentleman heard the ‘‘sine legislation that is thoughtfully and in better shape than most with respect qua non’’ quote, that one-third of the thoroughly considered so it will stand to fairness, but even in my own case we resources were necessary to overcome the political and legislative test of have severe difficulties. the poisonous atmosphere that existed. time. For example, in 1994 our committee Did the gentleman agree with that A short listing of the issues we deal had 93 slots. The committee’s work has premise? Mr. DREIER. Mr. Speaker, will the with in our committee shows the com- increased exponentially and we have plexity and controversy of our agenda. gentleman yield? reduced the number of slots to 65. As- Mr. HOYER. I yield to the gentleman For example, in the 106th we will take sume that we could understand and ac- up bankruptcy reform which failed to from California. cept that, but there is a difficulty. Of Mr. DREIER. Mr. Speaker, I did. The be enacted in the last Congress. Other the 65 slots, we who have 49 percent of problem that we faced was that we high-profile legislation we anticipate the vote have but 19 of the 65 slots. were never able to get that measure handling includes juvenile justice re- That is not fundamental fairness. That even considered on the House floor, and form and encryption export controls. is not fundamental fairness at all. that was very frustrating for many of Religious freedom legislation and a It is very difficult to do the job if us. victims’ right constitutional amend- there are inadequate resources. What is Mr. HOYER. I will tell the gentleman ment, complex and volatile issues that the job that we have to do? Broad hous- that it was considered twice, on a mo- will be on our calendar. Criminaliza- ing and economic development juris- tion to recommit by Mr. ROBERTS, and tion of partial-birth abortions, employ- diction, expansive consumer jurisdic- a motion to recommit by the gentle- ment preferences and set-asides, civil tion, broad authority over the regula- woman from Washington (Ms. DUNN), asset forfeiture reform, intellectual tion of financial services firms, sub- and the chairman of the Committee on property and other high tech legisla- stantial economic policy responsibil- Rules voted for it twice. He will have tion are topics we will revisit. ities, broad authority over all of the the opportunity to vote for it a third The committees are constantly chal- international development institutions time. lenged with trying to stretch inad- and global economic issues. Mr. DREIER. Did my friend, the gen- equate resources to cover all of these We have one staff person who handles tleman from Maryland, vote for it at issues and more. If we are forced to all consumer and community develop- that time, is the question that we need spread our staff resources too thin, our ment issues; one detailee who handles to ask? We welcome the gentleman to work product will suffer. I am con- international economic issues, since we the fold. cerned that we do not have the re- cannot afford to actually hire appro- Mr. HOYER. Mr. Speaker, the chair- sources both to continue our legisla- priate staff. man of the Committee on the Judiciary tive pace and do meaningful oversight I recommend approval of the motion talked about the necessity for re- of agencies under our jurisdiction. to recommit with instructions and de- sources. Also included in that motion That is why I have asked for additional feat of the committee funding resolu- to recommit was a cut of 25 percent of staff to engage in comprehensive over- tion. the resources available to the commit- sight of the $21 billion, 120,000 em- Mr. THOMAS. Mr. Speaker, I yield 1 tees. We did not think that was wise at ployee Department of Justice. minute to the gentleman from Cali- that time. The Committee on the Judiciary’s 2- fornia (Mr. DREIER), the new chairman Mr. Speaker, I yield 21⁄2 minutes to year, $12.2 million budget allocation of the Committee on Rules in the 106th the gentleman from California (Mr. pales in comparison with the Federal Congress. WAXMAN). resources we are charged with over- Mr. DREIER. Mr. Speaker, I rise to Mr. WAXMAN. Mr. Speaker, standing seeing. The work of the committee is simply extend congratulations to the before the House today is like deja vu. ultimately the work of the people, and chairman of the Committee on House Two years ago, as the ranking minor- we must not hamstring them by deny- Administration, my very good friend ity member of the Committee on Gov- ing them adequate resources. the gentleman from California (Mr. ernment Reform, I argued that the I applaud the Committee on House THOMAS), and just say that he has led House should reject the committee Administration for the well-crafted us very, very strongly in the direction funding resolution because the major- budget package we are considering and of creating a very, very strong balance ity allocated only 25 percent of the I strongly urge my colleagues to sup- on this issue of minority representa- budget of the Committee on Govern- port it. tion. ment Reform to the minority. Mr. HOYER. Mr. Speaker, I yield 2 Having served in the minority for so I could make virtually the same minutes to the gentleman from New many years, we are very sensitive to statement today. The work of the Com- York (Mr. LAFALCE), the distinguished that concern on this side of the aisle. I mittee on Government Reform last ranking member of the Committee on believe that the balance that has been Congress was extraordinarily partisan. Banking and Financial Services. struck is a very healthy one, and I The committee’s campaign finance in- Mr. LAFALCE. Mr. Speaker, I rise in hope that the House will move and pass vestigation was widely acknowledged strong opposition to H. Res. 101, and I this resolution so that we can begin to to be one of the most unfair, abusive urge support for the motion to recom- address a lot of the concerns that are and wasteful investigations since the mit with instructions offered by the out there. McCarthy hearings, and the most ex- gentleman from Maryland (Mr. HOYER) Technologically, we need to make pensive congressional investigation in to guarantee the minority control of at sure that the equipment is available. history.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5327 As described by Norman Ornstein, a Mr. MICA. Mr. Speaker, I thank the ing the concerns of the American peo- congressional expert at the American gentleman from California (Chairman ple. That is cutting the staff and the Enterprise Institute, and I am quoting THOMAS) for yielding me this time. expense and the bureaucracy in Wash- him, the Burton investigation is going Mr. Speaker, I think tonight what we ington and in this Congress. to be remembered as a case study in have to deal with in Congress are the Mr. HOYER. Mr. Speaker, I am how not to do a congressional inves- facts. I think the American people and pleased to yield such time as he may tigation. the Members of Congress and history consume to the gentleman from Michi- At the outset of this Congress I hoped are interested in the facts. gan (Mr. JOHN CONYERS), the distin- that things would have changed. In The facts, my friend, are quite sim- guished ranking member of the Com- early January I wrote the gentleman ple. In the 103rd Congress, under the mittee on the Judiciary, and one of the from Indiana (Chairman BURTON) and Democrat majority, the Democrats ex- senior members of the Congress of the asked for three things: Fair rules for pended $223 million to run the commit- United States. issuing subpoenas; fair subcommittee tees. The fact is, under the 106th Con- Mr. CONYERS. Mr. Speaker, I would ratios; and a fair budget. Unfortu- gress, we are expending $183 million, like to begin by thanking the gen- nately, the majority rejected each of committee funding of $40 million less tleman from Maryland (Mr. STENY these requests. than when the Democrats controlled HOYER) as the ranking member for The committee adopted rules that the House of Representatives. doing such an excellent job of studying once again allowed the chairman to The facts are that the numbers of where we are getting to, not where we issue subpoenas unilaterally with no staff in the 103rd Congress under the have been. I love these allusions back opportunity for the minority to appeal Democrat majority were 1,639. The into the past, as if they are some guide his decision to the full committee. The facts are in this budget, proposed by or reason for injustices to continue committee then adopted subcommittee the Republican majority, the staff posi- into the present. ratios that once again gave the minor- tions are 1,153; 30 percent less staff. Now, as one of the most partisan— ity far fewer seats than we were enti- In addition to staff levels that have the ranking member of one of the most tled to, and today the majority is pro- been reduced, the Republican majority partisan committees in this Congress, I posing another unfair budget. in these 4-plus years have privatized want to tell the Members that the The majority falsely claims that it is the dining room, privatized the barber funding and staffing problems go right substantially increasing minority fund- shop, privatized the printing office, to the core of many of our problems. ing over the last Congress, but that is provided public parking, which is a new I quote the present chairman of this just an accounting gimmick. As this thing that we provided the public, in Committee on the Judiciary, the gen- chart here indicates, the indisputable addition to cutting staff, cutting fund- tleman from Illinois (Mr. HENRY HYDE), fact is that the committee Democrats ing. who has said, ‘‘Two-thirds and one- are being allocated only 25.9 percent of We even stopped the delivery of ice third ratios are used in the Senate, and the committee’s budget, an increase of I believe its realization in the House less than 1 percent over the last Con- to Members’ offices, long after refrig- would enormously reduce the often ac- gress, less than 1 percent. erators were instituted, with an addi- rimonious proceedings to which the It was 25 percent in the previous Con- tional 12 staff cuts. Those folks do not gress; 25 percent in the Congress before deliver ice anymore to us, even though House is subjected.’’ And yet, and yet, that. In the year 2000, Democrats will we have refrigerators. even with some improvements at this receive 25.9 percent of the committee’s We did all of this and we did it fairly, late date, we are still trying to get budget. That is not reasonable progress because I stood up here in the 103rd somewhere near this goal. toward the third by anyone’s defini- Congress and held up a chart similar to I am very disappointed. I have little tion. It is not the 33 percent of the this that said 55 to 5. We may recall, else to do but to urge that we accept budget the majority adopted as House and history recorded it very well in the the alternative that has been put out policy. I urge my colleagues to vote CONGRESSIONAL RECORD, and that was that states what everybody keeps say- against this partisan and unfair resolu- the staff ratios on the predecessor of ing they support, and yet will not get tion. the Committee on Government Reform, to. This goes beyond a recommit and Mr. THOMAS. Mr. Speaker, I yield which was Government Operations, 55 final passage, this is the matter of sim- myself 1 minute. to 5. I just made a new one for tonight. ple fairness. Mr. Speaker, in 1999, the gentleman This is the ratio accorded to us. I, for one, am finding it more dif- from California (Mr. WAXMAN) indi- In this budget, in fact, we give them ficult to suffer through simple requests cated that there was an accounting 28 percent of the budget and 30 percent for publications, witness travel, ste- gimmick which was being used to dis- of the staff. If we just take a minute nographers, this is the Committee on tort the percentages. In 1992, the chair- and look at the minority resource com- the Judiciary, legal publications; no man of the Committee on Ways and parison, and these are the facts, my control over the funding. And here we Means at that time, Mr. Rostenkowski, colleagues, 33 percent more we are pro- now come, and even in impeachment it stated that the committee had 14 viding. In the 103rd, there were only was the past Speaker that got us be- shared administrative staff. two. In the 106th Congress, the number yond the four out of 18 slots, if Mem- In 1994, in the markup, the gen- of committees provided are now 9 with bers can believe it, for a committee on tleman from Texas (Mr. FROST) said it 33 percent of the staff; 25 to 32 percent impeachment. is inconceivable that other committees was 12, is now 8; and less than 25 per- I come here very disappointed and have no nonpartisan staff such as the cent, in the 106th Congress, zero. not happy at all about the position receptionist, the calendar clerks, et that we find ourselves in in the 106th b 1900 cetera, who serve both the majority Congress. It is unnecessary. This has and the minority. Many committees We are being fair. We are being even- gone on, this partisanship that affects have reported them to us. handed. We are equally distributing the our resource and staff allocations, and The Democrats when they were in resources in a very progressive manner. it is now affecting our ordinary work. the majority routinely used the alloca- The score was 5 to 55 giving the old mi- For that reason, I am not able to sup- tion of shared administrative staff. The nority this ratio, very unfair. Today we port the proposal that is before us, and problem is now, when we in the major- see an equitable distribution. These are I really hope that we can turn this ity use it, it is somehow an accounting the facts and these are the figures, and matter back until we get a further un- gimmick. this is what we must deal with, Mr. derstanding of how we reach this very Mr. Speaker, I yield 4 minutes to the Speaker. complex physicist’s evaluation of one- gentleman from Florida (Mr. MICA), a I believe the Republicans have done third and two-thirds. very valuable member of the com- an excellent job in both allocating re- Mr. THOMAS. Mr. Speaker, I yield mittee. sources and at the same time address- myself 1 minute.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 5328 CONGRESSIONAL RECORD—HOUSE March 23, 1999 Mr. Speaker, the gentleman from nority up to the one-third goal, we tion we pledged on both sides, Demo- Michigan (Mr. CONYERS) who just spoke have made a significant effort. So I crats and Republicans, to work to- is on the Committee on the Judiciary think that as we now approach about 31 gether in a spirit of bipartisanship and now. I indicated that the ratio at that percent on average, with more than a spirit of fairness. time was 82 percent majority to 18 per- half of the committees at one-third or It is to that spirit of bipartisanship cent minority on the Committee on the more, that we are making an honest ef- and fairness that I speak to my Repub- Judiciary, but actually, it was the fort and a good try toward the goal we lican colleagues today. I have to ask a Committee on Government Operations set out. simple question: If the ratio of Mem- at that time, and that ratio was 85 per- We should not forget what is really bers in this House is divided 49 to 51, cent majority and only 15 percent mi- more I think at the base of the problem how is it possibly fair that the ratios in nority. and the argument that we are having terms of funding for committees should Let me also say that the Committee tonight. It goes back to 1994, when we be less than one-third to two-thirds? on the Judiciary is getting 10 new staff promised the American people in the This is not, today, about injustices of in this Congress. Rarely does a com- Contract With America that we would the past. This is about a simple discus- mittee get double-digit increases in cut committee funding by one-third. sion of what is fair and what is right their staff, but the Committee on the In 1995, we did cut committee funding and how we should conduct ourselves. Judiciary is getting 10 new staff. What by one-third, cutting over $50 million I am calling today on my colleagues is the split? Is it like it was in the old out of the committees, reducing the on both sides of the aisle, freshman days, eight and two? No. Is it seven and number of slots. Even today, some 41⁄2 Democrats and freshman Republicans, three, the request that they are mak- years later, we are spending $40 million to ask a simple question: What is fair, ing? No. Is it six and four? No. Unprece- less this year than what was spent in and do we stand for fairness? dented in the history of this House, the 1994, the last year of the Democrat ma- I would submit that the request that majority is dividing 10 new staff, five jority. So there is not as much money has been made as a minimum of one- to the minority and five to the major- to go around. third to two-thirds ratio is perfectly ity, a 50/50 split. But I remember quite clearly on the fair. In fact, it is factually quite imbal- Mr. Speaker, it is my pleasure to opening day of this session of the Con- anced, but we are only asking one-third yield such time as he may consume to gress, when the gentleman from Illi- to two-thirds. I would call on my the gentleman from Ohio (Mr. nois (Speaker HASTERT) offered the friends and colleagues from the Repub- BOEHNER), a member of the Committee olive branch to the minority leader, lican side to join with me and with the on House Administration who has now the gentleman from Missouri (Mr. GEP- freshmen to achieve that balance spent enough years in the process of HARDT), saying, I think, I am going to which just a couple of years ago people listening to this case to have that kind do everything I can to go halfway, and asked to achieve, and which frankly is of institutional knowledge that so maybe even more so at times. perfectly just, perfectly reasonable, many of the Members do not share. I think what we are asking the entire and would set this institution on a true Mr. BOEHNER. Mr. Speaker, let me House to do is to do more with less, to bipartisan course. thank my colleague, the gentleman live within the constraints that we Mr. THOMAS. Mr. Speaker, I yield from California (Mr. THOMAS), the promised the American people we myself such time as I may consume. chairman of our committee, for the ex- would do when we took the majority. Mr. Speaker, I would tell the gen- cellent work he has done in bringing The budgets are cut. We are trying to tleman from Washington that in the this resolution to the Floor for this pinch our pennies. If we look at the spirit of Hershey, when a gesture is Congress that really does bring about a budget over the next 2 years we will see made, that gesture ought to be re- continued effort for fairness for both that there is a 3 percent increase in turned. Now, I would tell the gen- parties as we try to do our legislative total. That is 11⁄2 percent per year, well tleman that if he would examine the job. Mr. Speaker, speaking of fairness, below the rate of inflation. committee funding, there are a number there has been an awful lot of it talked We made that commitment to the of committees that exceed that one- about on the Floor tonight. I have been American people that Congress could third request that is being made: The here in the Congress for 8 years. I have do more with less. We are trying to Committee on House Administration, spent 6 years on this committee deal- make that commitment and keep that the Committee on the Budget, the Per- ing with this issue. Thankfully, the commitment, and also at a time while manent Select Committee on Intel- last session of Congress and this ses- we are treating the minority with the ligence, the Committee on Science, the sion we are dealing with a 2-year budg- fairness that we had asked for. Committee on Transportation and In- et cycle. We have to go through a lot of Is it perfect? No, it is not. It was not frastructure, the Committee on Small this rhetoric every year. It is always perfect before and it will not be perfect Business, the Committee on Agri- acrimonious, because when one is in even the next time. But our goal and culture, the Committee on Veterans’ the minority they always feel like they our word to work towards that one- Affairs, the Committee on Banking and should have more. third goal is genuine, and I think that Financial Services. One hundred sixty- I think my friends on the other side the minority understands as clearly as seven Democrats sit on a committee of the aisle will acknowledge that we, I do that we are doing much better in that now meets the two-thirds/one- the majority now, are treating the mi- terms of the way we are treating them third ratio. nority much more fairly than we were than the way we were being treated So I am not looking at the past, I tell ever treated when we were in the mi- when we were in the minority. my friend, the gentleman from Wash- nority. Mr. HOYER. Mr. Speaker, I yield 2 ington, I am looking at today. One The gentleman from Maryland (Mr. minutes to the gentleman from Wash- hundred sixty-seven Democrats are HOYER) and I had this discussion in the ington (Mr. BAIRD), the President of now sitting on committees that meet committee last week. When we took the incoming freshman class. that figure. The reason the other com- control after 1994 there was a great de- Mr. BAIRD. Mr. Speaker, I want to mittees have not moved is that they bate, and there were some on my side thank my colleague, the gentleman had such an egregiously low base. We in the majority who wanted to treat from Maryland, and speak today as have made progress every Congress so the Democrats the way they treated us someone who is new to this institution. that no committee is less than 25 per- when we were in the minority. Many of I have been listening for the past cent, and we will continue to make us argued that, no, we should treat the number of minutes to people recount- progress. minority in the House the same way ing old battles and old wars and old It would seem to me that as a new that we had asked to be treated. perceived injustices. We are new as Member, in the spirit of Hershey, if we When we look at our efforts at trying freshmen to this institution, our first reach out to one hundred sixty-seven to get committee funding for the mi- term. When we came here at orienta- Members of the Democratic Caucus, at

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5329 least one would reach back and say, Mr. THOMAS. Mr. Speaker, I yield nority should control one-third of the thank you, the two-thirds/one-third is myself 30 seconds. committee’s budget. This is only fair, appropriate, it is necessary. The one Mr. Speaker, I tell the gentlewoman and this is what this motion will do. As hundred sixty-seven Democrats, by from New York (Mrs. MALONEY) that the ranking members, we are commit- their vote, can prove that what we are we are beginning in the name of Her- ting ourselves today to ensure that the choosing to do is right and proper. It shey, to call out. Perhaps we can bring minority party will be able to serve the will be quite surprising to me if not it a little closer to home. I have a Roll Members and the American people. one Democrat out of the one hundred Call editorial from earlier this month, I for one do not believe that access to sixty-seven reaches his or her hand March 4, which I think is quite suc- periodicals, journals, computer soft- across the aisle to say, you are doing cinct in summing up much of the de- ware and basic office supplies should be what you committed to do, that which bate that we have heard so far. The edi- turned into political game. These we never did. torial says, ‘‘Quit Whining’’. It says, things are needed to properly run any Mr. Speaker, I reserve the balance of ‘‘The more we look at history, the less office and to provide a basic level of my time. it appears the Democrats have much service to those Members serving on a Mr. HOYER. Mr. Speaker, I yield 2 basis to whine.’’ committee. minutes to the distinguished gentle- Mr. Speaker, I reserve the balance of Six years ago, the Republican minor- woman from New York (Mrs. my time. ity talked about using a one-third/two- MALONEY). Mr. HOYER. Mr. Speaker, I yield my- thirds ratio as a way to help bridge the Mrs. MALONEY of New York. Mr. self 30 seconds. institutional animosity which too Speaker, I thank the gentleman for Mr. Speaker, what I told Roll Call, often plagues this body. Today we are asking them to deliver on this promise. yielding time to me. and what I repeat now, is that we are I urge both sides of the aisle to support Mr. Speaker, I really would like to not whining. We are reminding our Re- the motion to recommit. speak to my dear friends and col- publican colleagues, who said when leagues on the other side of the aisle Mr. HOYER. Mr. Speaker, I yield 2 they were in minority, that fairness minutes to the distinguished gen- and state that, in the spirit of Hershey, was one-third of the resources of the a one-third/two-thirds split is totally tleman from Indiana (Mr. ROEMER), one committees. We are now reminding of our Members who I think has dem- fair, and builds on two votes that were them of their statement and saying, if taken on this floor that supported such onstrated a commitment to fairness they want fairness, do fairness. Do it throughout his career here. action. tonight. As my dear colleague just pointed Mr. ROEMER. Mr. Speaker, I want to Mr. Speaker, I yield 2 minutes to the thank the gentleman from Maryland out, there has been some progress, but distinguished gentlewoman from New when the majority created a new com- for yielding me this time, and I rise in York (Ms. VELA´ ZQUEZ), ranking mem- mittee, the Census Committee, this favor of the motion to recommit. ber of the Committee on Small Busi- But first of all, I want to address would have been a perfect opportunity, ness. what this debate is about. I do not need an absolutely perfect opportunity to Ms. VELA´ ZQUEZ. Mr. Speaker, I a chart. I do not need a graph. I do not put forward the fair two-thirds/one- want to thank the gentleman from need to put all kinds of statistics and third division. Maryland (Mr. HOYER) for yielding me facts and figures out there. This is very b 1915 this time. simple. It can be about one word, and But what happened when they cre- Mr. Speaker, I rise today in strong that is fairness. ated a Subcommittee on Census is they support of the motion to recommit. We It is the fairness, if the Democrats only provided the minority with 25 per- should not make this a Republican represent 49 percent of this Chamber, cent of the resources, not 33.3 percent, issue or a Democratic issue. It is a sim- they should get 49 percent of the fund- but 25 percent of the resources. In the ple matter of fairness. By adopting this ing. If Republicans represent 49 percent ratios of slots of Members assigned to motion, we will help both parties to of the Chamber, they should get 49 per- the committee, it was terribly unfair, better serve the American people. cent of the committee funding. It is so critically important to be fair on this 11 to 4, 11 Republicans to 4 Democrats I recently became the ranking member of the Committee on Small Busi- funding resolution for committee work. in the allocation of slots. Such scholars as Richard Fenno have The census is supposed to be about ness, and I must commend the gen- said that the work of Congress is the fairness and fair counts. This would tleman from Missouri (Chairman TAL- work of its committees. We can have have been an opportunity to implement ENT) for the bipartisan manner in which he has run the committee. Even our partisan fights out here on the the one-third/two-thirds division. But floor, and I hope we would be civil my colleagues gave us 25 percent, the though we do not always agree on policy, the gentleman from Missouri (Mr. about it; but back in our committee same as what my colleagues gave the rooms across the halls, I would hope Committee on Government Reform and TALENT) has made every effort to accommodate both myself and my staff that we could be bipartisan and fair Oversight over the past 6 years. There about how we fund our committee and to run the committee in a fair has been absolutely no movement. staffs and our trips to our Districts and manner. Although we have had some I must say that the Republican fund- how we allocate funds to represent difficulties with funding, once the gen- ing resolution, which does include a 3 those Districts. percent increase, does nothing to guar- tleman from Missouri (Mr. TALENT) be- Woodrow Wilson, who was a scholar antee the minority a fair one-third/ came aware of the problem, he worked and a President, talked about the im- two-thirds split in resources. to rectify it. portance of committee work in rep- The reserve fund is allocated at $3 We are now working out our prob- resenting our constituents. I hear time million for the 106th Congress, but the lems through the committee process, and time again from the other side Republicans are allocating $2.4 million and I would like to commend the gen- about 1989 and what the Democrats did, to the Subcommittee on Census of the tleman from Missouri for working with and they admit it was wrong; in 1992 Committee on Government Reform, me to solve this problem. The biparti- what the Democrats did, and they say money that came out of the reserve sanship of our committee should serve it was wrong. fund in the 105th. Democrats are only as an example to the rest of Congress. Mr. Speaker, we study history in getting 25 percent and again only four However, too often committee fund- order not to repeat the mistakes of the of the 15 slots. ing has been used as a political tool. past and not to justify action today I call upon my colleagues on both Too often the party in the majority has that is based on mistakes of yesterday. sides of the aisle in the spirit of Her- turned committee funding into a par- I would hope both sides could come shey to support fairness, the one-third/ tisan issue. This must change. forward and commit, whether Demo- two-thirds split, the Hoyer amend- I have told the gentleman from Mis- crats or Republicans have the major- ment, and motion to recommit. souri (Chairman TALENT) that the mi- ity, after the year 2000 elections, that

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 5330 CONGRESSIONAL RECORD—HOUSE March 23, 1999 we would agree simply on fairness to way, must accomplish for the Amer- how, even at this 11th hour, the House fund these committee resolutions at ican people. Much of this work is done could move toward fairness and reform the percentage of the respective bodies in our congressional committees by taxpayers so earnestly desire.’’ She on both sides. very talented, very hardworking staff said, therefore, among other things, Mr. THOMAS. Mr. Speaker, it is my on both sides of the aisle. We should ‘‘that we achieve the goal by limiting pleasure to yield 5 minutes to the gen- pass this committee funding resolution the majority to a 2 to 1 staff advan- tlewoman from Ohio (Ms. PRYCE), a to ensure that that work gets done. I tage.’’ One-third/two-thirds. member of the Committee on Rules and urge support of this resolution. b 1930 also a member of this new majority Mr. HOYER. My understanding is, I am going to offer that motion to re- leadership team, to discuss this resolu- Mr. Speaker, that we have 31⁄2 minutes tion. remaining. commit. I will pass out a sheet that Ms. PRYCE of Ohio. Mr. Speaker, I The SPEAKER pro tempore (Mr. will show my colleagues how they voted on it before. Only one Republican thank the gentleman from California SHIMKUS). The gentleman from Mary- voted against that, and that was the for yielding me this time. land (Mr. HOYER) has 31⁄2 minutes re- Mr. Speaker, I rise in support of the maining. The gentleman from Cali- gentleman from Alaska (Mr. YOUNG). Mr. ROBERTS said in 1994, and I want committee funding resolution as fair fornia (Mr. THOMAS) has 31⁄2 minutes re- all my colleagues to see this. This is and responsible legislation that will maining. Mr. ROBERTS. ‘‘If lightning strikes, and allow our committees to fulfill their Mr. HOYER. Mr. Speaker, I yield my- the sun comes up in the west, and Re- policy, legislative and oversight re- self such time as I may consume. publicans take over Congress, we are sponsibilities to all the American peo- Mr. Speaker, the gentlewoman from going to do that for you. You will at Ohio (Ms. PRYCE) used the word ‘‘dis- ple. least get one-third.’’ I see no reason why any Member of ingenuous,’’ and then she changed it. I The Sun came up in the west, much the House should oppose this legisla- know she did not mean to cast any as- to the chagrin of my side of the aisle, tion. persions, nor do I. my colleagues. And my Republican col- First of all, this committee funding The gentlewoman from Ohio, like 109 leagues said when it did, we would get resolution is fiscally responsible. It of her colleagues who were here in 1993, one-third. It is time to redeem that provides a modest 3 percent increase in voted for the motion to recommit that promise. Vote for the motion to recom- overall funding for our committees. I will offer. She voted that one-third of mit that I offer, as previously offered 1 That is a mere 1 ⁄2 percent increase the resources represented fairness. by the gentlewoman from California I will tell the gentlewoman from each year. This increase recognizes (Ms. JENNIFER DUNN) and Senator PAT Ohio that, notwithstanding the rep- some of the modernization needs of our ROBERTS, then Congressman PAT ROB- resentations of the gentleman from committees, while adhering to the ERTS. principle of doing more with less. California (Mr. THOMAS), chairman of Mr. THOMAS. Mr. Speaker, I yield This committee funding resolution is the committee, he and I disagree on myself the balance of my time. fair to the minority. It moves more the assertions. There is but one com- The gentleman from Maryland noted committees toward the overall goal of mittee that provides one-third of the that that was former Representative allocating one-third of committee re- resources and control to the minority— PAT ROBERTS. He is not here to vote on sources to the minority’s control. In just one. To his credit, it is the com- the resolution or the motion to recom- fact, nine committees of the 106th Con- mittee of the gentleman from Cali- mit. As a matter of fact, when the mo- gress will provide one-third or more of fornia (Mr. THOMAS). No questions tion to recommit was presented pre- their resources to the minority. This asked. As the gentleman from Cali- viously, as has been indicated by the compares to only two committees that fornia has pointed out, it is really more gentleman from Maryland, not one met this goal in the 103rd Congress than one-third of the resources, be- Democrat voted for the motion to re- when Republicans were in the minor- cause we divided equally a staffer on commit. Not one. ity. the Joint Committee on Printing. Had they been prescient about the Under the Republican majority, 31 My friends, if we want fairness, we sun coming up, maybe some of them percent of staff is allocated to the mi- need to give fairness. It has been said would have, and then, of course, we nority, and 32 percent of staff salaries that we did not do right. Let me accept would have accomplished our goal. It go to the minority. So I think the cries that premise. Is it, therefore, to be like would have been locked in. But since from the other side of the aisle that the Hatfields and McCoys—that you they did not have the foresight, since they are being mistreated and misused did not do right, so we are not going to they left us with 12 percent of the re- are just disingenuous or, at the very do right, and we will continue to fight? sources, 15 percent of the resources, 18 least, some people have very, very We will continue to create a poisonous percent of the resources, when we be- short memories. atmosphere, of which the gentleman came the majority we had to start Further, the committee funding reso- from Illinois (Mr. HYDE) spoke, and of building toward that one-third. We lution scales back the reserve fund to which 30 other Republican leaders in have built toward that one-third in 62 percent. Instead of offering a tempt- their letter spoke, when they—not the every Congress we have been in the ma- ing pot of overflowing dollars for com- Democrats—but the Republicans said jority. mittees to dip into, this reserve fund ‘‘one-third of the resources, not just Under the leadership of the Speaker, will serve as a true rainy day fund for staff, but of the resources available is the gentleman from Illinois (Mr. the unanticipated needs that are likely fairness.’’ HASTERT), this majority, in House Res- to arise over the course of 2 years. I am offering a motion to recommit, olution 101, is not repeating the mis- Finally, Mr. Speaker, it is important which was offered by the gentlewoman takes of the past. This committee reso- to point out how very far we have come from Washington (Ms. DUNN) and Mr. lution is the fairest and most equitable since the Republicans took over con- ROBERTS. The gentlewoman from Wash- in the recorded history of the House. trol of Congress. This year’s committee ington (Ms. DUNN) said, and I will not One hundred sixty-seven Democrats funding resolution is still $40 million quote it all, for my colleagues can see sit on a committee that divides the re- less than the 103rd Congress. The over- it here on the chart, ‘‘The American sources two-thirds, one-third. I would all number of committee staff is still 30 people have been clear about some- think that if my colleagues missed percent below the staff levels of the thing else, as well, Mr. Speaker. They their opportunity on the motion to re- 103rd Congress. Again, we are doing want fairness, bipartisanship, and recommit to lock in two-thirds, one- more with less in the true spirit of gov- sponsibility in spending from their third, some of my Democratic col- ernment reform. Congress.’’ leagues would be smart enough to lock Above all, Mr. Speaker, there is She went on to say, ‘‘I want to use in the two-thirds, one-third on those much work which we, in a bipartisan my time, Mr. Speaker, to talk about committees.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5331 Give us some votes so that I can say Democrats say that they should have some- The SPEAKER pro tempore (Mr. yes, the Democrats get it. The more we thing like 48.5 percent of committee slots, SHIMKUS). Without objection, the pre- work together, the more we are able to reflecting their strength in the House, but vious question is ordered on the com- give my colleagues the two-thirds, one- actually have between 41 and 45 percent on major committees. In 1993, though, Repub- mittee amendment in the nature of a third. Instead, my colleagues say we licans averaged 38 percent of the slots on substitute and on the resolution. have to deliver all the votes. major committees, not their 41 percent in There was no objection. The next time we do the committee the House. The SPEAKER pro tempore. The resolution, this majority, in the 107th We suggest that Democrats and Repub- question is on the committee amend- Congress, I am going to turn to these licans talk about these problems, among oth- ment in the nature of a substitute. people and ask them what they need. ers, at Hershey. Now that the Gingrich era is The committee amendment in the Because we reached across the aisle in over—and in spite of the recent impeach- nature of a substitute was agreed to. the spirit of Hershey and said 167 ment unpleasantness—it ought to be possible to begin solving them. MOTION TO RECOMMIT OFFERED BY MR. HOYER Democrats have got what they want. Mr. HOYER. Mr. Speaker, I offer a Give us one vote; we will return the MINORITY RESOURCE COMPARISON—103rd CONGRESS VS motion to recommit. gesture on the motion to recommit, 106TH CONGRESS The SPEAKER pro tempore. Is the just as my colleagues did on ours. But, gentleman opposed to the resolution? please, on final passage, on this House Democratic Ma- Republican Ma- jority, 103rd jority, 106th Mr. HOYER. I am in its present form, Resolution, the fairest and most equi- Congress Congress Mr. Speaker. table in the history of the House, give 33% or more ...... 2 9 The SPEAKER pro tempore. The us at least one Democrat. 25% to 32% ...... 12 8 Clerk will report the motion to recom- Mr. Speaker, I include the following Less than 25% ...... 5 0 mit. for the RECORD: Committees with non-partisan staff, Armed Services and Standards of Of- The Clerk read as follows: [From Rollcall, Mar. 4, 1999] ficial Conduct, are not listed. Authorized by the Committee on House Administration. Mr. HOYER moves to recommit House Reso- QUIT WHINING lution 101 to the Committee on House Ad- The evidence suggests that Speaker Dennis Ms. JACKSON-LEE of Texas. Mr. Speaker, ministration with instructions to report Hastert (R-Ill.) really does mean to reach out I rise today in opposition to this Resolution, promptly back to the House a resolution to Democrats and make the House a less fe- which sets the funding for our Committees identical to the text of House Resolution 101 rocious place than it was under ex-Rep. Newt here in the House. This resolution is an impor- as amended by the House, except as follows: Gingrich (R–GA). We suggest that Democrats tant one, because in many respects, with its (1) Strike sections 1, 2, and 3 and insert the stop grousing and meet him halfway—at passage, we begin to erode the spirit of bipar- following: least to the extent of not boycotting this tisanship that I had hoped would permeate the SECTION 1. COMMITTEE EXPENSES FOR THE ONE month’s Hershey, Pa., civility retreat. HUNDRED SIXTH CONGRESS. Hastert is meeting regularly with Demo- work of the 106th Congress. (a) IN GENERAL.—With respect to the One crats on budget issues and is promising to When the Majority first took control of the House, we had expected that they would still Hundred Sixth Congress, there shall be paid permit votes on raising the minimum wage out of the applicable accounts of the House and campaign finance reform. Meanwhile, respect the views, if not the voting power, of of Representatives, in accordance with this House Administration Chairman Bill Thom- the Minority. Yet that has not been the case. primary expense resolution, not more than as (R-Calif.) may help Democrats gain a larg- Here, half a decade down the road from the the amount specified in subsection (b) for the er share of the budgets on the Judiciary and ‘‘Contract with America,’’ we see that the Mi- expenses (including the expenses of all staff Government Reform Committees. salaries) of each committee named in that Democrats have been loudly complaining nority is limited to just 28% of the House subsection. about membership ratios of committees and budget. This is appalling in light of the fact (b) COMMITTEES AND AMOUNTS.—The com- about committee budgets and some ranking that we are just five votes short of holding a mittees and amounts referred to in sub- members have cited the disparities as rea- majority of our own. In fact, this resolution section (a) are: Committee on Agriculture, sons they refuse to co-operate with leader- takes away almost half the value of our vote— $8,414,033 (1⁄3of such amount, or such greater ship efforts to bring GOP and Democratic and the value of the resources that we have percentage as may be agreed to by the chair Members and their families together for the for the constituents that we represent. and ranking minority member of the com- weekend of March 19–21 at Hershey. For those of you who believe that Com- mittee, to be paid at the direction of the The more we look at history, the less it ap- mittee funding makes little difference in how pears the Democrats have much basis to ranking minority member); Committee on 1 whine—although they should note well how the policies of our country are forged I must Armed Services, $10,342,681 ( ⁄3of such ill-used they feel and vow to do better by the note that the two Committees which reported amount, or such greater percentage as may Republicans should Democrats be returned the most partisan legislation, the Committee be agreed to by the chair and ranking minor- to power in the House. on Government Reform and the Committee on ity member of the committee, to be paid at In 1993, when Democrats last were in the the Judiciary, have the worst funding ratios. the direction of the ranking minority member); Committee on Banking and Financial majority, Republicans held 41 percent of As it stands in the current form of the resolu- House seats, but Democrats accorded them Services, $9,307,521 (1⁄3of such amount, or tion, the Judiciary Committee on which I sit, such greater percentage as may be agreed to an average of 24 percent of committee staff has approximately three-quarters of its re- positions—falling to 13 percent on the old by the chair and ranking minority member Government Operations Committee and 11 sources dedicated to the Majority. As the of the committee, to be paid at the direction percent on Judiciary. Democrats now are Ranking Member of the Subcommittee on Im- of the ranking minority member); Com- complaining that they only control 25 per- migration and Claims, I find that deeply dis- mittee on the Budget, $9,940,000 (1⁄3of such cent of the resources on Government Reform turbing because it means that theoretically, my amount, or such greater percentage as may and 23 percent on Judiciary. staff is outnumbered three to one as it regards be agreed to by the chair and ranking minor- Back then, Republicans complained that my Republican counterpart. ity member of the committee, to be paid at fairness demanded they get at least one- The Democratic alternative to this bill is the direction of the ranking minority mem- third of committee budgets and staff slots ber); Committee on Commerce, $15,285,113 (1⁄3 much more palatable to our common sensibili- of such amount, or such greater percentage rather than less than one-fourth. By this ties—although it still does not do all that it standard, Democrats have little to which as may be agreed to by the chair and ranking they can object—except on Judiciary and could to recognize our small numeric deficit. It minority member of the committee, to be Government Reform where they get just a simply asks that one-third of all Committee paid at the direction of the ranking minority quarter of committee resources. funds are designated for Minority use. The dif- member); Committee on Education and the Funding ratios meet or nearly meet the ference between the two resolutions is a mere Workforce, $11,200,497 (1⁄3of such amount, or one-third majority standard on Budget, Edu- 5%, surely a small price to pay to guarantee such greater percentage as may be agreed to cation and the Workforce, Rules, Veterans’ a more cooperative environment here in the by the chair and ranking minority member Affairs and House Administration. On most of the committee, to be paid at the direction House of Representatives. of the ranking minority member); Com- other committees the GOP-Democratic ratio I would hope that all of my colleagues would is nearly 70–30—not up to the ideal, but bet- mittee on Government Reform, $19,770,233 (1⁄3 ter than the 76–24 average back when Demo- vote to defeat H. Res. 101, and for the Demo- of such amount, or such greater percentage crats ruled the House. cratic alternative. as may be agreed to by the chair and ranking As we’ve noted before, the same basic situ- Mr. THOMAS. Mr. Speaker, I yield minority member of the committee, to be ation prevails with committee assignments. back the balance of my time. paid at the direction of the ranking minority

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member); Committee on House Administra- $4,552,023 (1⁄3of such amount, or such greater the chair and ranking minority member of tion, $6,251,871 (1⁄3of such amount, or such percentage as may be agreed to by the chair the committee, to be paid at the direction of greater percentage as may be agreed to by and ranking minority member of the com- the ranking minority member). the chair and ranking minority member of mittee, to be paid at the direction of the SEC. 3. SECOND SESSION LIMITATIONS the committee, to be paid at the direction of ranking minority member); Committee on (a) IN GENERAL.—Of the amount provided the ranking minority member); Permanent the Budget, $4,970,000 (1⁄3of such amount, or for in section 1 for each committee named in Select Committee on Intelligence, $5,164,444 (1such⁄3 greater percentage as may be agreed to subsection (b), not more than the amount of such amount, or such greater percentage by the chair and ranking minority member specified in such subsection shall be avail- as may be agreed to by the chair and ranking of the committee, to be paid at the direction able for expenses incurred during the period minority member of the committee, to be of the ranking minority member); Com- beginning at noon on January 3, 2000, and paid at the direction of the ranking minority mittee on Commerce, $7,564,812 (1⁄3of such ending immediately before noon on January member); Committee on International Rela- amount, or such greater percentage as may 3, 2001. tions, $11,313,531 (1⁄3of such amount, or such be agreed to by the chair and ranking minor- (b) COMMITTEES AND AMOUNTS.—The com- greater percentage as may be agreed to by ity member of the committee, to be paid at mittees and amounts referred to in sub- the chair and ranking minority member of the direction of the ranking minority mem- section (a) are: Committee on Agriculture, the committee, to be paid at the direction of ber); Committee on Education and the Work- $4,312,971 (1⁄3of such amount, or such greater the ranking minority member); Committee force, $5,908,749 (1⁄3of such amount, or such percentage as may be agreed to by the chair on the Judiciary, $12,152,275 (1⁄3of such greater percentage as may be agreed to by and ranking minority member of the com- amount, or such greater percentage as may the chair and ranking minority member of mittee, to be paid at the direction of the be agreed to by the chair and ranking minor- the committee, to be paid at the direction of ranking minority member); Committee on ity member of the committee, to be paid at the ranking minority member); Committee Armed Services, $5,295,602 (1⁄3of such amount, the direction of the ranking minority mem- on Government Reform, $9,773,233 (1⁄3of such or such greater percentage as may be agreed ber); Committee on Resources, $10,567,908 (amount,1⁄3 or such greater percentage as may to by the chair and ranking minority mem- of such amount, or such greater percentage be agreed to by the chair and ranking minor- ber of the committee, to be paid at the direc- as may be agreed to by the chair and ranking ity member of the committee, to be paid at tion of the ranking minority member); Com- minority member of the committee, to be the direction of the ranking minority mem- mittee on Banking and Financial Services, paid at the direction of the ranking minority ber); Committee on House Administration, $4,755,498 (1⁄3of such amount, or such greater member); Committee on Rules, $5,069,424 ($2,980,2551⁄3 (1⁄3of such amount, or such greater percentage as may be agreed to by the chair of such amount, or such greater percentage percentage as may be agreed to by the chair and ranking minority member of the com- as may be agreed to by the chair and ranking and ranking minority member of the committee, to be paid at the direction of the minority member of the committee, to be mittee, to be paid at the direction of the ranking minority member); Committee on paid at the direction of the ranking minority ranking minority member); Permanent Se- the Budget, $4,970,000 (1⁄3of such amount, or member); Committee on Science, $8,931,726 (1lect⁄3 Committee on Intelligence $2,514,916 (such1⁄3 greater percentage as may be agreed to of such amount, or such greater percentage of such amount, or such greater percentage by the chair and ranking minority member as may be agreed to by the chair and ranking as may be agreed to by the chair and ranking of the committee, to be paid at the direction minority member of the committee, to be minority member of the committee, to be of the ranking minority member); Com- paid at the direction of the ranking minority paid at the direction of the ranking minority mittee on Commerce, $7,720,301 (1⁄3of such member); Committee on Small Business, member); Committee on International Rela- amount, or such greater percentage as may $4,148,880 (1⁄3of such amount, or such greater tions, $5,635,000 (1⁄3of such amount, or such be agreed to by the chair and ranking minor- percentage as may be agreed to by the chair greater percentage as may be agreed to by ity member of the committee, to be paid at and ranking minority member of the com- the chair and ranking minority member of the direction of the ranking minority mem- mittee, to be paid at the direction of the the committee, to be paid at the direction of ber); Committee on Education and the Work- ranking minority member); Committee on the ranking minority member); Committee force, $5,291,748 (1⁄3of such amount, or such Standards of Official Conduct, $2,632,915; on the Judiciary, $5,787,394 (1⁄3of such greater percentage as may be agreed to by Committee on Transportation and Infra- amount, or such greater percentage as may the chair and ranking minority member of structure, $13,220,138 (1⁄3of such amount, or be agreed to by the chair and ranking minor- the committee, to be paid at the direction of such greater percentage as may be agreed to ity member of the committee, to be paid at the ranking minority member); Committee by the chair and ranking minority member the direction of the ranking minority mem- on Government Reform, $9,997,000 (1⁄3of such of the committee, to be paid at the direction ber); Committee on Resources, $5,208,851 (1⁄3of amount, or such greater percentage as may of the ranking minority member); Com- such amount, or such greater percentage as be agreed to by the chair and ranking minor- mittee on Veterans’ Affairs, $4,735,135 (1⁄3of may be agreed to by the chair and ranking ity member of the committee, to be paid at such amount, or such greater percentage as minority member of the committee, to be the direction of the ranking minority mem- may be agreed to by the chair and ranking paid at the direction of the ranking minority ber): Committee on House Administration, minority member of the committee, to be member); Committee on Rules, $2,488,522 ($3,271,6161⁄3 (1⁄3of such amount, or such greater paid at the direction of the ranking minority of such amount, or such greater percentage percentage as may be agreed to by the chair member); and Committee on Ways and as may be agreed to by the chair and ranking and ranking minority member of the com- Means, $11,930,338 (1⁄3of such amount, or such minority member of the committee, to be mittee, to be paid at the direction of the greater percentage as may be agreed to by paid at the direction of the ranking minority ranking minority member); Permanent Se- the chair and ranking minority member of member); Committee on Science, $4,410,560 (1lect⁄3 Committee on Intelligence, $2,649,528 (1⁄3 the committee, to be paid at the direction of of such amount, or such greater percentage of such amount, or such greater percentage the ranking minority member). as may be agreed to by the chair and ranking as may be agreed to by the chair and ranking SEC. 2. FIRST SESSION LIMITATIONS. minority member of the committee, to be minority member of the committee, to be (a) IN GENERAL.—Of the amount provided paid at the direction of the ranking minority paid at the direction of the ranking minority for in section 1 for each committee named in member); Committee on Small Business, member); Committee on International Rela- subsection (b), not more than the amount $2,037,466 (1⁄3of such amount, or such greater tions, $5,678,531 (1⁄3of such amount, or such specified in such subsection shall be avail- percentage as may be agreed to by the chair greater percentage as may be agreed to by able for expenses incurred during the period and ranking minority member of the com- the chair and ranking minority member of beginning at noon on January 3, 1999, and mittee, to be paid at the direction of the the committee, to be paid at the direction of ending immediately before noon on January ranking minority member); Committee on the ranking minority member); Committee 3, 2000. Standards of Official Conduct, $1,272,416; on the Judiciary, $6,364,881 (1⁄3of such (b) COMMITTEES AND AMOUNTS.—The com- Committee on Transportation and Infra- amount, or such greater percentage as may mittees and amounts referred to in sub- structure, $6,410,069 (1⁄3of such amount, or be agreed to by the chair and ranking minor- section (a) are: Committee on Agriculture, such greater percentage as may be agreed to ity member of the committee, to be paid at $4,101,062 (1⁄3of such amount, or such greater by the chair and ranking minority member the direction of the ranking minority mem- percentage as may be agreed to by the chair of the committee, to be paid at the direction ber); Committee on Resources, $5,359,057 (1⁄3of and ranking minority member of the com- of the ranking minority member); Com- such amount, or such greater percentage as mittee, to be paid at the direction of the mittee on Veterans’ Affairs, $2,334,800 (1⁄3of may be agreed to by the chair and ranking ranking minority member); Committee on such amount, or such greater percentage as minority member of the committee, to be Armed Services, $5,047,079 (1⁄3of such amount, may be agreed by the chair and ranking mi- paid at the direction of the ranking minority or such greater percentage as may be agreed nority member of the committee, to be paid member); Committee on Rules, $2,580,902 (1⁄3 to by the chair and ranking minority mem- at the direction of the ranking minority of such amount, or such greater percentage ber of the committee, to be paid at the direc- member); and Committee on Ways and as may be agreed to by the chair and ranking tion of the ranking minority member: Com- Means, $5,814,367 (1⁄3of such amount, or such minority member of the committee, to be mittee on Banking and Financial Services, greater percentage as may be agreed to by paid at the direction of the ranking minority

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member); Committee on Science, $4,521,166 (1Berry⁄3 Holden Ortiz Hastert McInnis Sensenbrenner of such amount, or such greater percentage Bishop Holt Owens Hastings (WA) McIntosh Sessions as may be agreed to by the chair and ranking Blagojevich Hooley Pallone Hayes McKeon Shadegg Hayworth Metcalf minority member of the committee, to be Blumenauer Hoyer Pascrell Shaw Bonior Inslee Pastor Hefley Mica Shays paid at the direction of the ranking minority Borski Jackson (IL) Payne Herger Miller (FL) Sherwood member; Committee on Small Business, Boswell Jackson-Lee Pelosi Hill (MT) Miller, Gary Shimkus $2,111,414 (1⁄3of such amount, or such greater Boucher (TX) Peterson (MN) Hilleary Moran (KS) Shuster percentage as may be agreed to by the chair Boyd Jefferson Phelps Hobson Morella Simpson and ranking minority member of the com- Brady (PA) John Pickett Hoekstra Nethercutt Skeen mittee, to be paid at the direction of the Brown (FL) Johnson, E. B. Pomeroy Horn Ney Smith (MI) Hostettler Northup ranking minority member); Committee on Brown (OH) Jones (OH) Price (NC) Smith (NJ) Kanjorski Houghton Norwood Standards of Official Conduct, $1,360,499; Capps Rahall Smith (TX) Capuano Kaptur Rangel Hulshof Nussle Committee on Transportation and Infra- Souder Carson Kennedy Reyes Hunter Ose Spence 1 3 Hutchinson Oxley structure, $6,810,069, ( ⁄ of such amount, or Clay Kildee Rivers Stearns Hyde Packard such greater percentage as may be agreed to Clayton Kilpatrick Rodriguez Stump Isakson Paul by the chair and ranking minority member Clement Kind (WI) Roemer Sununu Istook Pease of the committee, to be paid at the direction Clyburn Kleczka Rothman Sweeney Jenkins Peterson (PA) of the ranking minority member); Com- Condit Klink Roybal-Allard Talent Conyers Kucinich Rush Johnson (CT) Petri mittee on Veterans’ Affairs, $2,400,335 (1⁄3of Tancredo Costello LaFalce Sabo Johnson, Sam Pickering such amount, or such greater percentage as Jones (NC) Pitts Tauzin Coyne Lampson Sanders Taylor (NC) may be agreed to by the chair and ranking Cramer Lantos Sandlin Kasich Pombo minority member of the committee, to be Kelly Porter Terry Crowley Larson Sawyer Thomas paid at the direction of the ranking minority Cummings Lee Schakowsky King (NY) Portman Kingston Pryce (OH) Thornberry member); and Committee on Ways and Danner Levin Scott Thune 1 Davis (FL) Lewis (GA) Serrano Knollenberg Quinn Means, $6,115,971 ( ⁄3of such amount, or such Tiahrt Davis (IL) Lipinski Sherman Kolbe Radanovich greater percentage as may be agreed to by Toomey DeFazio Lofgren Shows Kuykendall Ramstad the chair and ranking minority member of Upton DeGette Lowey Sisisky LaHood Regula Walden the committee, to be paid at the direction of Delahunt Lucas (KY) Skelton Largent Reynolds Walsh the ranking minority member). DeLauro Luther Slaughter Latham Riley Wamp (2) Strike section 6 and insert the fol- Deutsch Maloney (CT) Smith (WA) LaTourette Rogan Watkins Dicks Maloney (NY) Snyder Lazio Rogers lowing: Watts (OK) Dingell Markey Spratt Leach Rohrabacher SEC. 6. RESERVE FUND FOR UNANTICIPATED EX- Weldon (FL) Dixon Martinez Stabenow Lewis (CA) Ros-Lehtinen PENSES. Weldon (PA) Doggett Mascara Stark Lewis (KY) Roukema There is hereby established a reserve fund Dooley Matsui Stenholm Linder Royce Weller of $3,000,000 for unanticipated expenses of Doyle McCarthy (MO) Strickland LoBiondo Ryan (WI) Whitfield committees for the One Hundred Sixth Con- Edwards McCarthy (NY) Tanner Lucas (OK) Ryun (KS) Wicker Manzullo Salmon Wilson gress. Amounts in the fund shall be paid to a Engel McDermott Tauscher Eshoo McGovern Taylor (MS) McCollum Sanford Wolf committee pursuant to an allocation ap- McCrery Scarborough Young (AK) proved by the Committee on House Adminis- Etheridge McIntyre Thompson (CA) Evans McKinney Thompson (MS) McHugh Schaffer Young (FL) tration. Of the amount allocated to a com- Farr McNulty Thurman NOT VOTING—11 mittee from the fund, 1⁄3 of such amount, or Fattah Meehan Tierney such greater percentage as may be agreed to Filner Meek (FL) Towns Ackerman Ganske Sanchez by the chair and ranking minority member Ford Meeks (NY) Traficant Brown (CA) Goodling Saxton of the committee, to be paid at the direction Frank (MA) Menendez Turner Cardin Myrick Stupak Cox Neal of the ranking minority member. Frost Millender- Udall (CO) Gejdenson McDonald Udall (NM) Mr. HOYER (during the reading). Mr. Gephardt Miller, George Vela´ zquez b 1952 Speaker, I ask unanimous consent that Gonzalez Minge Vento Messrs. TOOMEY, BURTON of Indi- Gordon Mink Visclosky the motion be considered as read and Green (TX) Moakley Waters ana, and YOUNG of Alaska changed printed in the RECORD. Gutierrez Mollohan Watt (NC) their vote from ‘‘yea’’ to ‘‘nay.’’ The SPEAKER pro tempore. Is there Hall (OH) Moore Waxman So the motion to recommit was re- objection to the request of the gen- Hall (TX) Moran (VA) Weiner Hastings (FL) Murtha Wexler jected. tleman from Maryland? Hill (IN) Nadler Weygand The result of the vote was announced There was no objection. Hilliard Napolitano Wise as above recorded. The SPEAKER pro tempore. Without Hinchey Oberstar Woolsey The SPEAKER pro tempore (Mr. Hinojosa Obey Wu objection, the previous question is or- Hoeffel Olver Wynn SHIMKUS). The question is on the reso- dered on the motion to recommit. lution, as amended. There was no objection. NAYS—218 The question was taken; and the The SPEAKER pro tempore. The Aderholt Calvert Ehlers Speaker pro tempore announced that question is on the motion to recommit. Archer Camp Ehrlich the ayes appeared to have it. Armey Campbell Emerson The question was taken; and the Bachus Canady English RECORDED VOTE Speaker pro tempore announced that Baker Cannon Everett Mr. HOYER. Mr. Speaker, I demand a the noes appeared to have it. Ballenger Castle Ewing recorded vote. Barr Chabot Fletcher Mr. HOYER. Mr. Speaker, I object to Barrett (NE) Chambliss Foley A recorded vote was ordered. the vote on the ground that a quorum Bartlett Chenoweth Forbes The vote was taken by electronic de- is not present and make the point of Barton Coble Fossella vice, and there were—ayes 216, noes 210, order that a quorum is not present. Bass Coburn Fowler Bateman Collins Franks (NJ) not voting 8, as follows: The SPEAKER pro tempore. Evi- Bereuter Combest Frelinghuysen [Roll No. 66] dently a quorum is not present. Biggert Cook Gallegly AYES—216 The Sergeant at Arms will notify ab- Bilbray Cooksey Gekas Bilirakis Crane Gibbons Aderholt Biggert Buyer sent Members. Bliley Cubin Gilchrest Archer Bilbray Callahan The vote was taken by electronic de- Blunt Cunningham Gillmor Armey Bilirakis Calvert vice, and there were—yeas 205, nays Boehlert Davis (VA) Gilman Bachus Bliley Camp Boehner Deal Goode Baker Blunt Campbell 218, not voting 11, as follows: Bonilla DeLay Goodlatte Ballenger Boehlert Canady [Roll No. 65] Bono DeMint Goss Barr Boehner Cannon Brady (TX) Diaz-Balart Graham Barrett (NE) Bonilla Castle YEAS—205 Bryant Dickey Granger Bartlett Bono Chabot Abercrombie Baldacci Becerra Burr Doolittle Green (WI) Barton Brady (TX) Chambliss Allen Baldwin Bentsen Burton Dreier Greenwood Bass Bryant Chenoweth Andrews Barcia Berkley Buyer Duncan Gutknecht Bateman Burr Coble Baird Barrett (WI) Berman Callahan Dunn Hansen Bereuter Burton Coburn

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 5334 CONGRESSIONAL RECORD—HOUSE March 23, 1999 Collins Hunter Ramstad Lantos Nadler Shows PROVIDING FOR REAPPOINTMENT Combest Hutchinson Regula Larson Napolitano Sisisky OF BARBER B. CONABLE, JR. AS Cook Hyde Reynolds Lee Oberstar Skelton Cooksey Isakson Riley Levin Obey Slaughter A CITIZEN REGENT OF BOARD Crane Istook Rogan Lewis (GA) Olver Smith (WA) OF REGENTS OF SMITHSONIAN Cubin Jenkins Rogers Lipinski Ortiz Snyder INSTITUTION Cunningham Johnson (CT) Rohrabacher Lofgren Owens Spratt Davis (VA) Johnson, Sam Ros-Lehtinen Lowey Pallone Stabenow Mr. THOMAS. Mr. Speaker, I ask Deal Jones (NC) Roukema Lucas (KY) Pascrell Stark unanimous consent that the Com- DeLay Kasich Royce Luther Pastor Stenholm mittee on House Administration be dis- DeMint Kelly Ryun (KS) Maloney (CT) Paul Strickland Diaz-Balart King (NY) Salmon Maloney (NY) Payne Tanner charged from further consideration of Dickey Kingston Sanford Markey Pelosi Tauscher the joint resolution (H.J. Res. 26) pro- Doolittle Knollenberg Scarborough Martinez Peterson (MN) Taylor (MS) viding for the reappointment of Barber Dreier Kolbe Schaffer Mascara Phelps Thompson (CA) Matsui Pickett B. Conable, Jr. as a citizen regent of Duncan Kuykendall Sensenbrenner Thompson (MS) McCarthy (MO) Pomeroy Dunn LaHood Sessions Thurman the Board of Regents of the Smithso- McCarthy (NY) Price (NC) Ehlers Largent Shadegg Tierney nian Institution, and ask for its imme- McDermott Rahall Ehrlich Latham Shaw Towns McGovern Rangel diate consideration in the House. Emerson LaTourette Shays Traficant The Clerk read the title of the joint English Lazio Sherwood McIntyre Reyes McKinney Rivers Turner resolution. Everett Leach Shimkus Udall (CO) Ewing Lewis (CA) Shuster McNulty Rodriguez The SPEAKER pro tempore. Is there Meehan Roemer Udall (NM) Fletcher Lewis (KY) Simpson ´ Meek (FL) Rothman Velazquez objection to the request of the gen- Foley Linder Skeen Vento tleman from California? Forbes LoBiondo Smith (MI) Meeks (NY) Roybal-Allard Menendez Rush Visclosky Mr. HOYER. Mr. Speaker, reserving Fossella Lucas (OK) Smith (NJ) Waters Fowler Manzullo Smith (TX) Millender- Ryan (WI) Watt (NC) the right to object, I yield to the gen- Franks (NJ) McCollum Souder McDonald Sabo Waxman tleman from California, chairman of Frelinghuysen McCrery Spence Miller, George Sanchez Weiner Gallegly McHugh Stearns Minge Sanders the Committee on House Administra- Wexler Ganske McInnis Stump Mink Sandlin tion, for the purpose of explaining the Weygand Gekas McIntosh Sununu Moakley Sawyer resolution. Mollohan Schakowsky Wise Gibbons McKeon Sweeney Mr. THOMAS. I thank the gentleman Gilchrest Metcalf Talent Moore Scott Woolsey Gillmor Mica Tancredo Moran (VA) Serrano Wu for yielding. Mr. Speaker, this is in Gilman Miller (FL) Tauzin Murtha Sherman Wynn fact an appointment of regents of the Goodlatte Miller, Gary Taylor (NC) NOT VOTING—8 Smithsonian Institution. There is a 17- Goodling Moran (KS) Terry member board. It is composed of the Goss Morella Thomas Ackerman Cox Saxton Graham Nethercutt Thornberry Brown (CA) Myrick Stupak Chief Justice and the Vice President of Granger Ney Thune Cardin Neal the United States, three Members of Green (WI) Northup Tiahrt the House of Representatives, three Greenwood Norwood Toomey Gutknecht Nussle Upton b 2010 Members of the Senate, and nine citi- Hansen Ose Walden zens who are nominated by the Board Hastert Oxley Walsh So the resolution, as amended, was and approved jointly in a resolution of Hastings (WA) Packard Wamp agreed to. Congress. This is the first of three joint Hayes Pease Watkins Hayworth Peterson (PA) Watts (OK) The result of the vote was announced resolutions that we will present, and as Hefley Petri Weldon (FL) as above recorded. was indicated, this provides for the re- Herger Pickering Weldon (PA) appointment of our friend and former Hill (MT) Pitts Weller A motion to reconsider was laid on Hilleary Pombo Whitfield the table. colleague, Barber Conable of New York. Hobson Porter Wicker Mr. HOYER. Mr. Speaker, proceeding Hoekstra Portman Wilson f under my reservation, we obviously Horn Pryce (OH) Wolf will not object. We support not only Hostettler Quinn Young (AK) Houghton Radanovich Young (FL) this resolution but the next two resolu- APPOINTMENT OF CONFEREES ON tions that will be offered for the pur- NOES—210 H.R. 800, EDUCATION FLEXI- poses of accomplishing the objectives BILITY PARTNERSHIP ACT OF set forth by the chairman. I will not Abercrombie Coyne Green (TX) 1999 Allen Cramer Gutierrez object to the next two and will allow Andrews Crowley Hall (OH) them to pass simply by unanimous con- Baird Cummings Hall (TX) The SPEAKER pro tempore (Mr. Baldacci Danner Hastings (FL) SHIMKUS). Without objection, the Chair sent immediately upon being read. Baldwin Davis (FL) Hill (IN) appoints the following conferees on the Mr. Speaker, I withdraw my reserva- Barcia Davis (IL) Hilliard bill (H.R. 800) to provide for education tion of objection. Barrett (WI) DeFazio Hinchey The SPEAKER pro tempore. Is there Becerra DeGette Hinojosa flexibility partnerships: objection to the request of the gen- Bentsen Delahunt Hoeffel Messrs. GOODLING, HOEKSTRA, CAS- Berkley DeLauro Holden tleman from California? TLE, GREENWOOD, SOUDER, SCHAFFER, Berman Deutsch Holt There was no objection. Berry Dicks Hooley CLAY, KILDEE, GEORGE MILLER of Cali- The Clerk read the joint resolution, Bishop Dingell Hoyer fornia, and PAYNE. Blagojevich Dixon Hulshof as follows: Blumenauer Doggett Inslee There was no objection. H.J. RES. 26 Bonior Dooley Jackson (IL) Resolved by the Senate and House of Rep- Borski Doyle Jackson-Lee f resentatives of the United States of America in Boswell Edwards (TX) Boucher Engel Jefferson Congress assembled, That, in accordance with Boyd Eshoo John GENERAL LEAVE section 5581 of the Revised Statutes of the Brady (PA) Etheridge Johnson, E. B. United States (20 U.S.C. 43), the vacancy on Brown (FL) Evans Jones (OH) Mr. THOMAS. Mr. Speaker, I ask the Board of Regents of the Smithsonian In- Brown (OH) Farr Kanjorski unanimous consent to allow all Mem- stitution, in the class other than Members of Capps Fattah Kaptur bers 5 legislative days to revise and ex- Congress, occurring by reason of the expira- Capuano Filner Kennedy tion of the term of Barber B. Conable, Jr. of Carson Ford Kildee tend their remarks on House Resolu- New York on April 11, 1999, is filled by the re- Clay Frank (MA) Kilpatrick tion 101, just agreed to. Clayton Frost Kind (WI) appointment of the incumbent for a term of Clement Gejdenson Kleczka The SPEAKER pro tempore. Is there six years, effective April 12, 1999. Clyburn Gephardt Klink objection to the request of the gen- The joint resolution was ordered to Condit Gonzalez Kucinich tleman from California? Conyers Goode LaFalce be engrossed and read a third time, was Costello Gordon Lampson There was no objection. read the third time, and passed, and a

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5335 motion to reconsider was laid on the Congress assembled, That, in accordance with mittee that reported the measure. It is also table. section 5581 of the Revised Statutes of the needed to implement section 311(b), which United States (20 U.S.C. 43), the vacancy on exempts committees that comply with their al- f the Board of Regents of the Smithsonian In- locations from the point of order under section b 2015 stitution, in the class other than Members of Congress, occurring by reason of the expira- 311(a). PROVIDING FOR REAPPOINTMENT tion of the term of Wesley S. Williams, Jr. of The third table compares the current levels OF DR. HANNA H. GRAY AS A the District of Columbia on April 11, 1999, is of discretionary appropriations for fiscal year CITIZEN REGENT OF BOARD OF filled by the reappointment of the incumbent 1999 with the revised ‘‘section 302(b)’’ sub-al- REGENTS OF SMITHSONIAN IN- for a term of six years, effective April 12, locations of discretionary budget authority and STITUTION 1999. outlays among Appropriations subcommittees. Mr. THOMAS. Mr. Speaker, I ask The joint resolution was ordered to This comparison is also needed to implement unanimous consent that the Com- be engrossed and read a third time, was section 302(f) of the Budget Act, because the mittee on House Administration be dis- read the third time, and passed, and a point of order under that section also applies charged from further consideration of motion to reconsider was laid on the to measures that would breach the applicable the joint resolution (H.J. Res. 27) pro- table. section 302(b) sub-allocation. viding for the reappointment of Dr. f The fourth table compares discretionary appropriations to the levels provided by section Hanna H. Gray as a citizen regent of SPECIAL ORDERS the Board of Regents of the 251(c) of the Balanced Budget and Emer- Smithsonian Institution, and ask for The SPEAKER pro tempore. Under gency Deficit Control Act of 1985. Section 251 its immediate consideration in the the Speaker’s announced policy of Jan- requires that if at the end of a session the dis- House. uary 6, 1999, and under a previous order cretionary spending, in any category, exceeds The Clerk read the title of the joint of the House, the following Members the limits set forth in section 251(c) as ad- resolution. will be recognized for 5 minutes each. justed pursuant to provisions of section The SPEAKER pro tempore (Mr. f 251(b), there shall be a sequestration of funds SHIMKUS). Is there objection to the re- STATUS REPORT ON CURRENT within that category to bring spending within quest of the gentleman from Cali- the established limits. This table is provided fornia? LEVELS OF ON-BUDGET SPEND- ING AND REVENUES FOR FY 1999 for information purposes only. Determination There was no objection. of the need for a sequestration is based on The Clerk read the joint resolution, AND THE 5-YEAR PERIOD FY 1999 THROUGH FY 2003 the report of the President required by section as follows: 254. H.J. RES. 27 The SPEAKER pro tempore. Under a Resolved by the Senate and House of Rep- previous order of the House, the Gen- REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE resentatives of the United States of America in tleman from Ohio (Mr. KASICH) is rec- BUDGET—STATUS OF THE INTERIM ALLOCATIONS AND Congress assembled, That, in accordance with ognized for 5 minutes. AGGREGATES FOR FISCAL YEARS 1999 AND FOR FISCAL section 5581 of the Revised Statutes of the Mr. KASICH. Mr. Speaker, to facilitate appli- YEARS 1999 TO 2003 United States (20 U.S.C. 43), the vacancy on the Board of Regents of the Smithsonian In- cation of sections 302 and 311 of the Con- [Reflecting Action Completed as of March 17, 1999 (On-budget amounts, in millions of dollars)] stitution, in the class other than Members of gressional Budget Act, I am transmitting a sta- Congress, occurring by reason of the expira- tus report on the current levels of on-budget Fiscal year Fiscal year tion of the term of Dr. Hanna H. Gray of Illi- spending and revenues for fiscal year 1999 1999 1999–2003 nois on April 11, 1999, is filled by the re- and for the 5-year period fiscal year 1999 Appropriate Level (as authorized by H. Res. 5): appointment of the incumbent for a term of through fiscal year 2003. Budget Authority ...... 1,444,851 NA six years, effective April 12, 1999. Outlays ...... 1,393,291 NA The term ‘‘current level’’ refers to the Revenues ...... 1,368,374 7,284,605 The joint resolution was ordered to amounts of spending and revenues estimated Current Level: be engrossed and read a third time, was Budget Authority ...... 1,443,553 NA for each fiscal year based on laws enacted or Outlays ...... 1,393,074 NA read the third time, and passed, and a awaiting the President’s signature as of March Revenues ...... 1,368,396 7,284,616 motion to reconsider was laid on the Current Level over(+)/under(¥) Appropriate 17, 1999. Level: table. The first table in the report compares the Budget Authority ...... ¥1,298 NA f Outlays ...... ¥217 NA current level of total budget authority, outlays, Revenues ...... 22 11 and revenues with the aggregate levels set by PROVIDING FOR REAPPOINTMENT NA=Not applicable because appropriations Acts for Fiscal Years 2000 OF WESLEY S. WILLIAMS, JR. AS the interim allocations and aggregates printed through 2003 will not be considered until future sessions of Congress. A CITIZEN REGENT OF BOARD in the RECORD of February 3, 1999, pursuant BUDGET AUTHORITY OF REGENTS OF SMITHSONIAN to H. Res. 5 for fiscal year 1999. This com- Enactment of any measure providing new INSTITUTION parison is needed to implement section 311(a) of the Budget Act, which creates a point of budget authority for FY 1999 in excess of Mr. THOMAS. Mr. Speaker, I ask $1,298 million (if not already included in the order against measures that would breach the unanimous consent that the Com- current level estimate) would cause FY 1999 budget resolution’s aggregate levels. The table mittee on House Administration be dis- budget authority to exceed the appropriate charged from further consideration of does not show budget authority and outlays level set by the interim allocations and ag- the joint resolution (H.J. Res. 27) pro- for years after fiscal year 1999 because ap- gregates submitted pursuant to H. Res. 5. viding for the reappointment of Wesley propriations for those years have not yet been OUTLAYS S. Williams, Jr., as a citizen regent of considered. Enactment of any measure providing new the Board of Regents of the The second table compares the current lev- outlays for FY 1999 in excess of $217 million Smithsonian Institution, and ask for els of budget authority and outlays of each di- (if not already included in the current level its immediate consideration in the rect spending committee with the ‘‘section estimate) would cause FY 1999 outlays to exceed the appropriate level set by the interim House. 302(a)’’ allocations for discretionary action made under the interim allocations and aggre- allocations and aggregates submitted pursu- The Clerk read the title of the joint ant to H. Res. 5. resolution. gates submitted pursuant to H. Res. 5 for fis- The SPEAKER pro tempore. Is there cal year 1999 and for fiscal years 1999 REVENUES objection to the request of the gen- through 2003. ‘‘Discretionary action’’ refers to Enactment of any measure that would result in any revenue loss of FY 1999 greater tleman from California? legislation enacted after adoption of the budget resolution. This comparison is needed to than of $22 million (if not already included in There was no objection. the current level estimate) would cause reve- The Clerk read the joint resolution, implement section 302(f) of the Budget Act, nues to fall below the appropriate level set as follows: which creates a point of order against meas- by the interim allocations and aggregates H.J. RES. 28 ures that would breach the section 302(a) dis- submitted pursuant to H. Res. 5. Enactment Resolved by the Senate and House of Rep- cretionary action allocation of new budget au- of any measure resulting in any revenue loss resentatives of the United States of America in thority or entitlement authority for the com- greater than $11 million for FY 1999 through

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00093 Fmt 0688 Sfmt 9920 E:\BR99\H23MR9.003 H23MR9 5336 CONGRESSIONAL RECORD—HOUSE March 23, 1999 2003 (if not already included in the current DIRECT SPENDING LEGISLATION—COMPARISON OF CUR- DIRECT SPENDING LEGISLATION—COMPARISON OF CUR- level) would cause revenues to fall below the RENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT RENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT appropriate levels set by the interim alloca- TO BUDGET ACT SECTION 602(a) REFLECTING ACTION TO BUDGET ACT SECTION 602(a) REFLECTING ACTION tions and aggregates submitted pursuant to COMPLETED AS OF MARCH 17, 1999—Continued COMPLETED AS OF MARCH 17, 1999—Continued H. Res. 5. [Fiscal Years, in millions of dollars] [Fiscal Years, in millions of dollars]

DIRECT SPENDING LEGISLATION—COMPARISON OF CUR- 1999 1999–2003 1999 1999–2003 RENT LEVEL WITH COMMITTEE ALLOCATIONS PURSUANT House Committee House Committee TO BUDGET ACT SECTION 602(a) REFLECTING ACTION BA Outlays BA Outlays BA Outlays BA Outlays COMPLETED AS OF MARCH 17, 1999 Current Level ...... Science: [Fiscal Years, in millions of dollars] Difference ...... Allocation ...... International Relations: Current Level ...... Allocation ...... Difference ...... 1999 1999–2003 Current Level ...... Small Business: House Committee Difference ...... BA Outlays BA Outlays Allocation ...... Government Reform & Oversight: Current Level ...... Allocation ...... 14 14 Agriculture: Current Level ...... Difference ...... Allocation ...... 28,328 27,801 Difference ...... (14) (14) Veterans’ Affairs: Current Level ...... House Administration: Allocation ...... 4,503 4,342 Difference ...... (28,328) (27,801) Allocation ...... Current Level ...... Armed Services: Current Level ...... Difference ...... (4,503) (4,342) Allocation ...... Difference ...... Ways and Means: Current Level ...... Resources: Allocation ...... 19,551 17,310 Difference ...... Allocation ...... Current Level ...... Banking and Financial Services: Current Level ...... Difference ...... (19,551) (17,310) Allocation ...... Difference ...... Select Committee on Intelligence: Current Level ...... Judiciary: Allocation ...... Difference ...... Allocation ...... Current Level ...... Education & the Workforce: Current Level ...... Difference ...... Allocation ...... 610 367 Difference ...... Total Authorized: Current Level ...... Transportation & Infrastructure: Allocation ...... 1,205 ...... 63,851 49,834 Difference ...... (610) (367) Allocation ...... 1,205 ...... 10,845 ...... Current Level ...... Commerce: Current Level ...... Difference ...... (1,205) ...... (63,851) (49,834) Allocation ...... Difference ...... (1,205) ...... (10,845) ...... DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 1999—COMPARISON OF CURRENT LEVEL WITH SUBALLOCATIONS PURSUANT TO BUDGET ACT SECTION 302(B) [In millions of dollars]

Revised 302(b) Suballocations Current Level Reflecting Action Completed as of March Difference 17, 1999 Discretionary Mandatory Discretionary Mandatory Discretionary Mandatory BA O BA O BA O BA O BA O BA O

Agriculture, Rural Development ...... 13,587 14,002 41,058 33,087 19,608 19,784 41,058 33,087 6,021 5,782 0 0 Commerce, Justice, State ...... 32,931 31,660 554 555 34,750 32,067 554 555 1,819 407 0 0 District of Columbia ...... 491 484 0 0 620 619 0 0 129 135 0 0 Energy & Water Development ...... 20,909 20,631 0 0 21,696 21,253 0 0 787 622 0 0 Foreign Operations...... 16,188 12,546 45 45 31,625 12,793 45 45 15,437 247 0 0 Interior ...... 13,370 14,029 58 58 14,071 14,324 58 58 701 0 0 0 Labor, HHS & Education ...... 81,927 80,556 220,443 221,446 83,767 82,542 220,433 221,446 1,840 1,986 0 0 Legislative Branch...... 2,360 2,340 94 94 2,559 2,365 94 94 199 25 0 0 Military Construction ...... 8,235 9,061 0 0 8,660 9,157 0 0 425 96 0 0 National Defense...... 250,311 245,031 202 202 257,897 249,071 202 202 7,586 4,040 0 0 Transportation ...... 11,939 39,933 682 678 12,344 40,261 682 678 405 328 0 0 Treasury-Postal Service...... 13,343 12,558 13,439 13,439 16,809 13,344 13,439 13,439 2,746 1,786 0 0 VA-HUD-Independent Agencies...... 70,681 80,411 21,540 21,254 71,311 80,512 21,540 21,254 450 101 0 0 Reserve/Offsets ...... 0 0 0 0 (2,400) (2,400) 0 0 (2,400) (2,400) 0 0 Unassigned 1 ...... 36,346 13,237 0 0 0 0 0 0 (36,346) (13,237) 0 0

Grand Total...... 572,798 576,479 298,105 290,858 572,597 576,692 298,105 290,858 (201) 213 0 0 1 Unassigned refers to the allocation adjustments provided under Section 314, but not yet allocated under Section 302(b).

SET FORTH IN SEC. 251(C) OF THE BALANCED BUDGET 7 EMERGENCY DEFICIT CONTROL ACT OF 1985 [$ in millions]

Defense Nondefense Violent Crime Trust Fund Highway Category Mass Transit Category BA O BA O BA O BA O BA O

Statutory Caps 1 ...... 280,287 272,192 287,550 274,702 5,800 4,953 NA 21,991 NA 4,401 Current Level ...... 279,891 271,202 286,708 274,196 5,798 4,951 200 21,939 1,138 4,404

Difference ...... ¥396 ¥990 ¥842 ¥506 ¥2 ¥2 NA ¥52 NA 3 1 As adjusted pursuant to sec. 251(b) of the BBEDCA. Statutory caps include contingent emergencies not yet released by the President, but appropriated by Congress.

U.S. CONGRESS, gressional Budget Act, as amended, this let- been revised to include an allocation for the CONGRESSIONAL BUDGET OFFICE, ter and supporting detail provide an up-to- funding of emergency requirements, and are Washington, DC, March 18, 1999. date tabulation of the on-budget current lev- current through March 17, 1999. A summary Hon. JOHN KASICH, els of new budget authority, estimated out- of this tabulation follows: Chairman, Committee on the Budget, lays, and estimated revenues for fiscal year [In millions of dollars] House of Representatives, Washington, DC. 1999. These estimates are compared to the DEAR MR. CHAIRMAN: Pursuant to section appropriate levels for those items contained House House Current 308(b) and in aid of section 311 of the Con- current resolution level +/¥ in Section 2 of House Resolution 5, which has level 5 resolution

Budget Authority ...... 1,443,553 1,444,851 ¥1,298 Outlays ...... 1,393,074 1,393,291 ¥217 Revenues: 1999 ...... 1,368,396 1,368,374 +22 1999–2003 ...... 7,284,616 7,284,605 +11

Sincerely, DAN L. CRIPPEN, Director.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5337 PARLIAMENTARIAN STATUS REPORT—106TH CONGRESS, 1ST SESSION, HOUSE ON-BUDGET SUPPORTING DETAIL FOR FISCAL YEAR 1999 AS OF CLOSE OF BUSINESS MARCH 17, 1999 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in Previous Sessions: Revenues ...... 1,368,396 Permanents and other spending legislation ...... 913,530 867,389 ...... Appropriation legislation ...... 820,708 814,808 ...... Offsetting receipts ...... ¥294,953 ¥294,953 ...... Total previously enacted ...... 1,439,285 1,387,244 1,368,396 Entitlements and Mandatories: Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... 4,398 7,839 ...... Totals: Total Current Level ...... 1,443,533 1,393,074 1,368,396 Total Budget Resolution 1 ...... 1,444,851 1,393,291 1,368,374 Amount remaining: Under Budget Resolution ...... 1,298 217 ...... Over Budget Resolution ...... 22 1 Includes $1,030 million in budget authority and $430 million in outlays for the funding of emergency requirements. Source: Congressional Budget Office.

EXCHANGE OF SPECIAL ORDER be at the top of our agenda this session was trying to raise a 7 year-old son TIME of Congress. while working full-time and attending Mrs. CAPPS. Mr. Speaker, I ask Medical decisions need to be made by school full-time as well. Now, as any- unanimous consent to claim the special patients and their doctors, and pa- one will tell you, any young mother in order time of the gentleman from Ohio tients should have all of the informa- this position would have her hands full. (Mr. Brown). tion they need to make these critical But what made this young woman The SPEAKER pro tempore. Is there decisions. These are the plain truths unique was that her son had a serious objection to the request of the gentle- about health care. medical condition that required access to very specific medical equipment and woman from California? Mr. Speaker, this historic measure medication. She met with a family doc- There was no objection. will guarantee patients basic rights by allowing people to choose their own tor who told them that her child could f doctors, ending oppressive gag rules so not lead a normal life without this PUTTING PATIENTS BEFORE patients have access to all critical very specific care. But when she went PROFITS treatment options and establishing to her HMO to help pay for it, she re- The SPEAKER pro tempore. Under a health care quality and information ceived a letter saying her request had previous order of the House, the gentle- standards which we can all follow. been denied. For months she tried to appeal, but it was to no avail. It was woman from California (Mrs. CAPPS) is Most importantly, this bill will hold recognized for 5 minutes. HMOs accountable by giving patients not until she threatened to wage a pub- Mrs. CAPPS. Mr. Speaker, since ar- critical legal recourse when insurance lic relations campaign against the riving in Congress over a year ago, I companies deny necessary medical cov- HMO and the local press that they reluctantly agreed to pay for the treat- have been fighting for a real Patients’ erage. If patients can sue their doctors ment. In the end it worked out for her Bill of Rights. I am an original cospon- for poor care, they should be able to and her young son, but for many, many sor of this landmark legislation to rein sue the big insurance bureaucrats who determine these cost-cutting decisions. more it does not. in health maintenance organizations, Far too often, Mr. Speaker, we hear Mr. Speaker, last weekend I was priv- the HMOs, and to return decision-mak- stories of patients who are left seri- ileged to join my colleagues on both ing power to patients and their doc- ously ill or injured as a result of med- sides of the aisle at the bipartisan re- tors. I am committed to seeing that ical negligence by HMOs. These people treat in Hershey, Pennsylvania. There Congress take decisive action and pass find their lives in upheaval, not be- this bill now. people of many different philosophical cause of a medical mishap on an oper- The only way to make comprehensive political backgrounds talked about the ating table, but rather because a prof- HMO reform a reality is to work to- need to restore civility to government it-driven insurance company bureau- gether in a bipartisan way. That is why and make our constituents proud. In crat was more concerned with the bot- I was so disappointed last July when the spirit of Hershey, I sincerely hope tom line than their well-being. powerful special interests overpowered that all of our colleagues will work to- This must stop. We have got to put patients and blocked efforts to bring gether to pass in this session a real Pa- our partisan bickering aside and work such a comprehensive HMO reform bill tients’ Bill of Rights. By putting pa- towards a true bipartisan Patient Bill to the floor. Instead, they rammed tients before profits, we can be a Con- of Rights. The Patient Bill of Rights through a Band-Aid that would have gress that does something real and fi- must allow doctors and patients to done nothing to actually protect pa- nally passes comprehensive managed make the medical decisions. We must tients. Our health care system needs care reform legislation now while we make sure that doctors and patients serious medicine, not a political pla- have the opportunity before it is too are once again allowed to make the cebo. late. medical decisions rather than insur- The American people deserve better. f ance company bureaucrats. Provide the As a nurse, I know firsthand the im- doctors, not the HMOs deciding the ap- PASS A PATIENTS’ BILL OF portance of health care that is acces- propriate drugs for patients in their RIGHTS sible, of high quality, patient-centered care. We must ensure that patients health care. Basic patients’ rights can The SPEAKER pro tempore. Under a who have drug benefits can get the pre- often mean the difference between life previous order of the House, the gen- scription drug their doctor judges they and death. tleman from New Mexico (Mr. UDALL) need even if the drug is not on the As a Member of Congress, I was re- is recognized for 5 minutes. HMOs’ approved list. Access to special- cently appointed to the House Com- Mr. UDALL of New Mexico. Mr. ists; we must allow patients, when nec- mittee on Commerce which oversees Speaker, I rise today to speak about re- essary, to receive referrals to special- much of our Nation’s health policy. If forming HMOs. ists outside their health plan at no we are to accomplish anything in the Last year I met a young mother in extra cost to them. field of health care, passing com- my hometown of Santa Fe. She was a Specifically, Mr. Speaker, we must prehensive managed care reform must single mother in her late twenties who make sure that children have access to

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pediatric specialists. Holding HMOs ac- Too many people have been denied ators KERREY and BREAUX, led the way countable, we must provide patients care under their HMO policies or their and then were sold out by the Presi- with the ability to appeal treatment managed care policies, and that should dent’s appointees on that very commis- decisions through both internal and ex- not be the way it is in this country. We sion and blocked the reform proposals ternal grievance procedures, and we have quality health care in America, that had been laid out. must give patients the right to hold in- but people have to be sure if they need Why? Because, as the two of them surance companies legally accountable a particular procedure, a particular op- said in a news report last week, it did when their treatment decisions result eration or particular health care serv- not spend 15 percent of the surplus on in injury or death to a patient. ice, that they can have it. Medicare. The Medicare commission Pass a comprehensive Patient Bill of There is widespread support on both came out with recommendations and Rights. It is the only way we will ever sides of the aisle for some type of man- proposals that would save $100 billion be able to once again put patients be- aged care reform. Every Member of this in Medicare over the course of the next fore profits. body voted for some type of reform last 10 years, but because it did not spend 15 f year. The American people want and percent of the surplus on Medicare, the EXCHANGE OF SPECIAL ORDER support patient protections. It is im- President’s appointees blocked the TIME perative to the American people that commission’s recommendations. they see action on managed care re- Why? I do not know. That is a good Mr. BERRY. Mr. Speaker, I ask unan- form. Let us give the American people question, and I think the American imous consent to have the special order what they want, real managed care re- people ought to ask the same question time of the gentlewoman from Nevada form. because there is a real matter of trust (Ms. BERKLEY). here when one looks at trying to solve The SPEAKER pro tempore. Is there f a problem and come up with a sincere objection to the request of the gen- b 2030 genuine solution rather than to dema- tleman from Arkansas? There was no objection. EXCHANGE OF SPECIAL ORDER gogue an issue, as we saw again 2 years TIME ago. f The Senate Committee on the Budget MANAGED CARE REFORM Mr. THUNE. Mr. Speaker, I ask had a vote last week on the President’s unanimous consent to claim the time The SPEAKER pro tempore. Under a budget, the so-called proposal that of the gentleman from Kansas (Mr. previous order of the House, the gen- would set aside 62 percent for Social MORAN). tleman from Arkansas (Mr. BERRY) is Security, 15 percent for Medicare. The The SPEAKER pro tempore. Is there recognized for 5 minutes. Senate Committee on the Budget voted Mr. BERRY. Mr. Speaker, I stand objection to the request of the gen- down that proposal by a vote of 21 to here this evening in support of real tleman from South Dakota? zero. Even the President’s allies in managed care reform. We have all There was no objection. Congress in the Senate did not want to heard the stories, the countless stories, f vote for the budget proposal that he had submitted. about people who have suffered because IT IS HIGH TIME WE RESTORE This week, the Republicans will sub- they were not allowed to make their THE TRUST AND CONFIDENCE OF mit their own budget proposal which own health care decisions in consulta- THE AMERICAN PEOPLE tion with their doctors or other health sets aside for the first time since 1969 care professionals, stories from people The SPEAKER pro tempore. Under a all of the Social Security surplus, 100 who have lost loved ones because some- previous order of the House, the gen- percent, to be used for Social Security one behind a desk, not a doctor, made tleman from South Dakota (Mr. and Medicare and for retirement issues. a bad decision. Congress needs to take THUNE) is recognized for 5 minutes. I think it is high time that we were action on passing bipartisan legislation Mr. THUNE. Mr. Speaker, this past honest with the American people. The to provide the American people with weekend I was very disappointed to see President’s budget spends the Social basic protections and basic guarantees our friends on the other side start down Security surplus, $220 billion over the when it comes to managed care. the same old track, and that is to try course of the next 10 years. We preserve Eighty percent of Americans with and turn Medicare into a political it by setting aside and walling off 100 private health insurance, Mr. Speaker, game. It became clear to me, and I percent of the Social Security surplus are enrolled in managed care plans. In hope that all of our friends will change to be used for that purpose. I think this many cases, Americans are required to their mind on that, but that they want is a significant milestone in American be enrolled in managed care plans be- to travel down the same old road we politics, and it is high time that we did cause their employers have contracted traveled before 2 years ago, when Re- it. with managed care companies to publican proposals to reform Medicare It is high time that we restore the achieve cost savings. Congress should were relentlessly attacked by our col- trust and confidence of the American act this year to enact a law that con- leagues on the other side, only to be people, and I hope that the American tains the following five principles. Here supported as part of the balanced budg- people are wise to the charade. Two is what we should do, and here is what et agreement in 1997 and subsequently years ago it was tried, perhaps to some the American people want: signed into law. degree it worked, but make no mistake As I have said before, patients and The very same reforms that were at- about it; check the fine print, because their doctors, not insurance company tacked as a matter of the fall cam- I think that the American people will clerks, should make decisions about paigns were then agreed to later on in find that when they do that they will what care is medically necessary. The the year because it became clear that see that they have been sold a bill of American people want insurance re- that was the only real solution and re- goods. forms to be overseen by the States, not sponsible thing to do to try and save This week when we debate this pro- by a federal bureaucracy. The Amer- Medicare for the next generation. posal that would set aside and preserve ican people want real reform that Here we go again. Our friends do not 100 percent of the surplus that we are keeps their medical records confiden- seem interested in a solution. They going to see in this country over the tial. They want real reform that in- only want to inflame and scare the course of the next 10 years for Social cludes meaningful protections, like the American people. How do I know that? Security and Medicare, and not buy right to emergency room treatment as Because last week the Medicare com- into the myths and the same old same defined by any prudent lay person. mission which was appointed by the old deja vu all over again tactics that They want real reform that includes President made its recommendations. have been tried by the other side, I meaningful accountability for a right Interestingly enough, the two Demo- hope we can work together construc- without a remedy is no right. crat senators on the commission, Sen- tively to find reforms in Medicare that

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5339 will preserve that program and make it cervical cancer suffer grave con- The SPEAKER pro tempore. Is there viable not only for this generation of sequences. It is a shame because these objection to the request of the gen- Americans but for generations of illnesses can be treated and prevented. tleman from Pennsylvania? Americans to come. Too often today, managed care is There was no objection. f mismanaged care. Decisions on health f care should be made by doctors and PATIENT BILL OF RIGHTS their patients, and not the insurance TECH TRENDS 2000, AN HISTORIC The SPEAKER pro tempore. Under a company or their accountants or those EVENT TO TAKE PLACE ON previous order of the House, the gen- individuals that are looking at the APRIL 6 AND 7 IN PHILADELPHIA tleman from Texas (Mr. RODRIGUEZ) is profit margins. The SPEAKER pro tempore. Under a recognized for 5 minutes. We appeal to the Republicans, and we previous order of the House, the gen- Mr. RODRIGUEZ. Mr. Speaker, it is appealed last year and this year we tleman from Pennsylvania (Mr. long time past that the Congress needs again appeal to the Republicans, to WELDON) is recognized for 5 minutes. to act and act quickly on managed allow us to go back to the constituency Mr. WELDON of Pennsylvania. Mr. care. Individuals and families are in- and allow us to do the changes that Speaker, as chairman of the Sub- creasingly apprehensive about how need to take place. committee on Military Research and they will be treated when they are The Republicans will say that the Development and a senior member of sick. Congress passed managed care reform the Committee on Science, I am ex- A survey last year found that an as- last year. I would ask, what have we tremely concerned about our Nation’s tonishing 80 percent of Americans be- had? No real reform, but it is a simple investment of public money into relieve that their quality of care is often truth. The fact is that we need reform search and development and new tech- compromised by their insurance plan and it needs to happen now. nologies. to save money, and too often their be- What we passed here on the House In fact, Mr. Speaker, the R&D ac- liefs are well founded. floor was only the fleeting shadow of counts for defense are expected to de- The Patient Bill of Rights introduced real reform. Real reform would have in- cline by about 14 percent. Part of my by the gentleman from Michigan (Mr. cluded guaranteed access to needed goal in this session of Congress is to DINGELL) and Senator KENNEDY last health care specialists and, as I men- make the need for research and tech- Congress would have ended these par- tioned before, access to emergency nology real for all of our colleagues, for ticular problems, but we had some dif- room services, continuity of care pro- our staff, as well as for the American ficulties and were not able to pass a tection and access to a meaningful and people. To that end, an historic event particular piece of legislation. timely appeals process, both internally will take place on April 6 and 7 of this The managed care plan needs to be and externally. year in Philadelphia at the brand new passed and we need to look at it this We should take a page out of the convention center. year and not allow it to continue. Man- book of the Texas State legislature. At Working with Mayor Ed Rendell and aged care reform is needed by all the State legislature in Texas we the entire delegations of the four Americans, especially those in minor- passed managed care reform legislation States of New Jersey, Delaware, Penn- ity communities. that addressed the real needs of Tex- sylvania and Maryland, all 41 House Let me just highlight one area of ans. There was a scare that this reform Members and 8 Senators, we have as- concern, access to specialists. The need would drive up insurance rates. In fact, sembled what in fact will be the largest for specialists is critical for individuals insurance rates were raised a modest technology conference of its type in who suffer chronic illnesses. Diabetes, $2.00. for example, is a disease rampant Contrary to popular belief, the HMO the history of America. among a lot of individuals but specifi- liability law has not flooded the court- For the 2 days of April 6 and 7, every cally disproportionately hits Hispanic house with new lawsuits. It has actu- Federal agency that spends research populations. Many do not know that it ally diverted lawsuits and saved money money in America will be in attend- is a truly treatable disease and that by using an independent review process ance. They will exhibit the kinds of one needs to have access to specialists and solving problems before they go to technologies that they are buying in order to be able to treat some of the Court. About half of the cases in today and will give us a look at the those items. Texas that are reviewed have led to kinds of technologies and research that I do not know if everyone recognizes partial or complete overturns of the they expect to be funding over the next it, but diabetes is a treatable disease. HMO decisions. 10 years. This will truly be an oppor- It is something that can be prevented. Now it is time for us to pass real tunity for all of America to see where With some recent studies, we can iden- managed care reform. It is up to us to we are investing tax dollars in new tify some of the problems early in life, come to the plate. It is up to us to technologies. but we let it go. One of the greatest make sure that those individuals have It will be an opportunity for sci- causes of this particular disease is access to health care the way they entists and academics and young peo- blindness and loss of limbs. should. It is up to us to make sure that ple to look at the emerging tech- According to the Center for Disease they can see the doctor that they nologies that we should be funding in Control and prevention, every year ap- choose to see and not who they want to the future that they perhaps can com- proximately 16 million people suffer send them to. It is up to us to make pete for. For the 2 days in Philadel- from diabetes alone. Of these, 1.2 mil- sure that we have a system that is re- phia, we will have Dr. Neil Lane, the lion alone are Mexican Americans. sponsive and addresses the needs of White House’s top point person on We see the same problem with cer- those individuals that are hard-hit. science and technology; from the De- vical cancer. Hispanic women espe- For too long we have waited and we partment of Defense, Dr. John Hamre, cially are disproportionately affected have recognized the problem of the Deputy Secretary; we will have Jack by the disease that is completely pre- HMOs and the fact that they have not Gansler, in charge of acquisition and ventable also, yet there is limited ac- been responsive at all. So it is time for research; Frank Fernandez, who heads cess to the proper specialists in this us to come to that point. DARPA; Admiral Lyles, who heads missile defense; Admiral Gaffney, who area. f We all recognize the growing popu- heads naval research. We will have Dan lation of elderly in this country and EXCHANGE OF SPECIAL ORDER Golden, the head of NASA, who will the need to look at coming up with TIME talk about NASA’s investment. We will some appropriate managed care sys- Mr. WELDON of Pennsylvania. Mr. have Dr. Varmus, the head of NIH; Jim tems. Speaker, I ask unanimous consent to Baker, the head of NOAA. We will have Without adequate care and medical claim the time of the gentleman from the head of the National Institutes for supervision, diabetes and those with Ohio (Mr. KASICH). Science and Technology and the deputy

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 5340 CONGRESSIONAL RECORD—HOUSE March 23, 1999 director of the National Science Foun- a new millennium. It is more impor- I am very proud to be a lead cospon- dation. tant now than in any other time in our sor of H.R. 7, the Education Savings Each of these individuals, the top history to ensure that every citizen and School Excellence Act of 1999. Cur- leaders from our government who focus will be counted and that that count rent law allows only parents to put on research and technology, will be will be as accurate as possible. away $500 a year in an ESA. It does not available to answer questions and to The 1990 undercount of 4 million peo- permit funds in that account to be used present a broad overview of the kinds ple had a disproportionate effect on mi- for K through 12 education. H.R. 7 al- of technology that America needs to norities, women and children, particu- lows families to put up to $2,000 a year focus on in the 21st Century. larly women on ranches and farms. into an education savings account to During the 2 days we will also have Many individuals were denied an equal be used for tuition or school expenses breakout sessions, approximately 20 of voice in their government. for K through 12 and higher education. them, that will be centered around spe- b 2045 As a parent, I know how hard it is to cific technology areas: information save money to send children to private Millions were double-counted, and technology, environmental technology, school or to pay for books and supplies. millions more were not counted at all. materials technology, technology rel- Census data directly affects decisions As a congressman, I hear daily how ative to oceans and outer space, so that made on all matters of national and hard it is for my constituents to keep young scientists, entrepreneurs and local importance, including education, up with the rising cost of educating academics can get a feel of where we employment, public health care, hous- their children. are spending America’s tax money and ing, and transportation, among other This legislation would give parents how we can better spend that money things. the tools to help their children succeed and leverage it to create new opportu- Federal, State, and county govern- in school by allowing them to put away nities for us to improve our quality of ment use Census information to guide money in a tax-free account to help de- life. the annual distribution of hundreds of fray expensive education costs. My purpose today is to invite all of billions of dollars in critical services. Mr. Speaker, I am a big proponent of our colleagues to come to Philadelphia The data is also used to monitor and to choice. This bill gives parents the for April 6 and 7, to invite all the staff enforce compliance with civil rights choice to send their children to the members from the House, as well as the statutes, employment, housing, lend- best school possible, public or private. other body, and to invite people and ing, education, and antidiscrimination It also offers them the choice of buying companies from all over America to laws. computer equipment or getting access come and look at what we are calling Finally, the accuracy of the Census to the Internet. Tech Trends 2000, the kind of tech- directly affects our Nation’s ability to I know that opponents of this meas- nology that we expect to be focusing on ensure equal representation and equal ure say that we are leaving poor stu- in the next millennium. access to important governmental re- dents behind in bad schools. This is It is our opportunity to show Amer- sources for all Americans. completely and absolutely wrong. I and ica where their $80 billion a year of Ensuring a fair and accurate Census other cosponsors of this bill support R&D investment is going and how they must be regarded as one of the most public school education, and do not can take advantage of that. So I en- significant civil rights issues facing want to take money away from them. courage our colleagues to invite their the country today. If we accept the This bill encourages families to use university research leaders, to invite current Census count of nearly 2 mil- education savings accounts to supple- their companies, to invite students. lion farms in the United States, only 6 ment a student’s public education by Students, graduate and undergraduate, percent will be represented as being op- paying for a high-cost item such as can come to this entire conference for erated by women. This small percent- computer equipment. free. There is a small charge for the age reflects that women on ranches and In fact, studies have shown that 75 private companies that would come. It farms have been severely under- percent of all families using these ac- is a golden opportunity to see where counted. This inaccurate count is also counts will use them to support chil- America is going in terms of tech- due to the type of information col- dren in public schools. That is why par- nology in the 21st Century. lected by the Census Bureau and the ents of all backgrounds support edu- It is a bipartisan opportunity. It is an Department of Agriculture in their cation savings accounts, because it will opportunity where the Congress is yearly count. give students the tools they need to working hand-in-hand with the White Mr. Speaker, everyone counts. Mi- excel in the 21st century. House and all the various Federal agen- norities count. Women and children In my hometown of Chicago, the cies, so I encourage my colleagues to count. Young men and elderly men Catholic Archdiocese has an unparal- attend. It is called Tech Trends 2000. count. Farmers and small business leled record of educating students of Contact a Member of Congress any owners count. Rural Americans count. all racial and economic backgrounds. place in America, who can get informa- Urban Americans count. Suburban and However, the Archdiocese faces serious tion about this conference and how one inner city dwellers count. In America, economic challenges, and Cardinal can take advantage of this golden op- Mr. Speaker, we all count. Let us have George of Chicago supports this meas- portunity. a Census that does just that, count all ure because it will allow the Arch- f of us fairly and accurately. Let us diocese to continue to play its part in count the Census correctly. teaching the youth of Chicago. SUPPORT A COMPLETE AND THOR- He has worked closely with Mayor f OUGH COUNT OF EVERY CITIZEN Daley, because both of them know that IN THIS COUNTRY FOR THE EDUCATION SAVINGS ACCOUNTS Chicago’s public schools cannot edu- NEXT CENSUS The SPEAKER pro tempore (Mr. cate the children of Chicago by them- The SPEAKER pro tempore. Under a SHIMKUS). Under a previous order of the selves, and it must be a collective previous order of the House, the gentle- House, the gentleman from Illinois group effort. Mayor Daley in turn also woman from North Carolina (Mrs. (Mr. LIPINSKI) is recognized for 5 min- supports education savings accounts, CLAYTON) is recognized for 5 minutes. utes. because he knows it will help students Mrs. CLAYTON. Mr. Speaker, I take Mr. LIPINSKI. Mr. Speaker, I rise get a good education. pride in joining my Democratic col- today to speak about education savings Mr. Speaker, I urge all of my colleagues in supporting a complete and accounts, also known as education leagues, Democrats and Republicans, thorough count of every citizen in this IRAs. These ESAs are the wave of the to cosponsor H.R. 7 so we can give cur- country for the next census. future, as they will give families the rent and future generations of school- The year 2000 will usher in a new tools to help their children receive a children the tools to be the brightest in year, a new decade, a new century and quality education. the 21st century.

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THE HANDLING OF THE MANAGED managed care reform. That is, one, the tleman from Georgia (Mr. DEAL) is rec- CARE ISSUE IN THE 106TH CON- prohibition on the right to sue your ognized for 5 minutes. GRESS health plan if you are denied needed Mr. DEAL of Georgia. Mr. Speaker, The SPEAKER pro tempore. Under a care and your health suffers as a re- tonight I want to talk about an issue previous order of the House, the gen- sult; and two, the insurance companies’ that I think has enormous impact on tleman from New Jersey (Mr. PALLONE) present ability to define ‘‘medical ne- the future of our Nation. is recognized for 5 minutes. cessity’’. Unlike many issues that we deal Mr. PALLONE. Mr. Speaker, the Democrats on the Senate committee with, such as crime or taxes, which are managed care issue was left unfinished offered amendments that would have likewise dealt with by our colleagues in the 105th Congress. On the House given patients the right to sue health at the State and local level, this issue side, the Democrats’ Patients’ Bill of plans, but not one Republican voted for is one which is exclusively the respon- Rights was defeated by just five votes it, nor did any Republicans vote for the sibility of the Federal Government. when it came to the Floor for a vote. It Democratic amendment to allow doc- That issue is immigration. was considered on the Floor as a sub- tors and patients and not the insurance As a Nation of immigrants, many of stitute to the Republican leadership’s companies to determine what is medi- us are reluctant to deal with this mat- managed care bill, which did pass and cally necessary. In other words, Mr. ter because we are concerned that we which, in my opinion, was worse than Speaker, under the plans approved by will be accused of being prejudiced or the Republicans in the Senate, insur- having no reform at all. having an ethnic bias. However, the The Republican bill was a thinly- ance companies will have no incentive overriding issue is not that we are a veiled attempt to protect the insurance whatsoever to stop denying needed care Nation of immigrants, but that we are industry from managed care reform, because they would be able to do so primarily a Nation of laws. We have and not a single Democrat voted for it. with impunity. immigration laws which define who Following up on the momentum to It was a show of solidarity on the will be allowed into our country. quash meaningful managed care reform Democratic side unlike any in the last The increasingly evident truth is started by the Senate Republicans, yes- Congress, and for a very good reason. that our immigration laws are being terday two anti-managed care coali- The Democrats’ Patients’ Bill of flaunted, and the Federal agency tions announced that they are launch- charged with enforcing these laws, the Rights is the best, most comprehensive ing a massive ad campaign to quash managed care reform bill in Congress Immigration and Naturalization Serv- managed care reform. We have seen ice, the INS, is failing to fulfill the ob- today. It was reintroduced in February this before. Yesterday’s Congress Daily by the gentleman from Michigan (Mr. ligations to our citizens. It is appro- reported that the Business Roundtable priate to ask why. Is it because this ad- DINGELL) with over 170 cosponsors and is planning to spend more than $1 mil- the support of over 170 patient, physi- ministration has made the enforcement lion on radio advertisements. The of our immigration laws a very low pri- cian, medical, and consumer groups. Health Benefits Coalition, the other We are hoping to have this bill moved ority, and if so, why is that so? group mentioned in yesterday’s Con- The facts are very clear. There are an through the regular committee process gress Daily, intends to follow the lead at some point this year. Unfortunately, estimated 5.5 million illegal immi- and spend $1 million on anti-managed grants currently living in the United in the last Congress the Republican care television ads over the coming leadership, fearful of what might hap- States. An additional 275,000 to 300,000 congressional recesses. illegal aliens are coming to our coun- pen if it allowed the regular committee Let there be no doubt, Mr. Speaker, try every year. Even though the INS procedures to take their course, by- the Republican leadership and big busi- removed a record 169,000 illegals last passed the committee process. ness are working hand-in-hand to pre- year, it was not as many as entered the Mr. Speaker, the big question in this vent patients from getting the protec- country illegally during the same time Congress, once again, centers on how tions from abuse that they clearly period. the Republican leadership is going to need. The unfortunate thing, Mr. What are the consequences of this in- proceed with the managed care issue. If Speaker, is that this is what the Amer- vasion by illegals? While it is true that the preview we got last week in the ican people want. They want the Pa- many of these individuals are hard- Senate is any indication, the American tients’ Bill of Rights, they wanted working people who keep certain indus- people are once again going to be sold managed care reform. out by the Republican Party in an act This is the issue that more of my tries and enterprises supplied with of appeasement to the insurance indus- constituents talk to me about on a reg- needed labor, the costs to local school try. ular basis on the street, writing me let- systems, health care agencies, and law Last Thursday the Senate Health, ters, calling the District offices. They enforcement groups are tremendous. Education, Labor, and Pensions Com- realize that right now they do not have About 221,000 foreign-born criminals mittee repeated the same charade we the protections that they need as pa- are in Federal, State, and local jails. witnessed last year and approved a tients to have good care, to have good About two-thirds of them are illegal managed care bill designed to protect quality care. immigrants. Another 142,000 are on pa- the insurance industry and not the pa- The easy thing and really the best role or probation, and are subject to tients. During consideration of that thing for us to do here for the patients, being deported under the provisions of bill, Democrats offered 22 amendments, for the consumers, for the American the 1996 Immigration Reform Act. An and 20 of them were rejected. people, is to pass the Patients’ Bill of additional 161,000 have disappeared Included among the rejected amend- Rights in its entirety and without after receiving deportation orders. ments were measures to increase ac- delay. The Republicans may have the That means that there are approxi- cess to emergency care, to increase ac- money and they have big business on mately a half a million aliens who have cess to specialists, to establish a min- their side, but the Democrats have committed crimes for which they are imum hospital stay for women who what counts: that is, the support of the either in our prisons or are being sub- have had mastectomies, and to provide American people. The Republicans, in ject to being deported, and that, Mr. people who have life-threatening ill- my opinion, Mr. Speaker, would be Speaker, is almost the amount of peo- nesses with access to clinical trials. wise to listen to what the people are ple who constitute an entire congres- Every single one of these provisions saying. sional district. In many parts of this country, my is in the Democrats’ Patients’ Bill of f Rights, and every single one of them is congressional district included, no opposed by the insurance industry. IMMIGRATION AND ITS IMPACT ON criminal court can be held without the The insurance industry-GOP alliance THE FUTURE OF OUR NATION availability of an interpreter. Drive-by was also successful in protecting the The SPEAKER pro tempore. Under a shootings by gangs made up of illegal two most important impediments to previous order of the House, the gen- immigrants has become commonplace.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 5342 CONGRESSIONAL RECORD—HOUSE March 23, 1999 What is the Federal Government the INS and in the administration As recently as 1970, women’s history doing about this problem? Since 1995, know that ignoring or undermining our was virtually unknown, left out of the budget for the INS has been sub- Nation’s laws will not be tolerated. I school books, left out of classroom cur- stantially increased so that it is al- call on each of us to throw a spotlight riculum. In 1978, I was the chairwoman most $4 billion for the current fiscal on the INS’s operations, to call them of the Sonoma County Commission on year. Congress has mandated that the to task on laws that are being flouted the Status of Women. At that time, I INS add at least 1,000 new border and policies that have seemingly been was astounded by the lack of focus on agents every year until the year 2001, forgotten. women. but has this been done? Is the INS I would ask us all, if we wish to Under the leadership of Mary using its $4 billion to enforce the letter maintain our Nation of immigrants, of Ruthsdotter and through the hard and spirit of the 1996 Immigration Re- letting those who wait in line and bide work of these women, the celebration form Act? The answer is a resounding their time and abide by the laws that of International Women’s Day was ex- no. we have in place so that they can come panded and declared by Congress to be In his latest budget, President Clin- legally in this country, then we must National Women’s History Week. To- ton has decided to cut off funding to not ignore the fact that our immigra- gether, the women of my district and hire the new 1,000 agents. It seems that tion lawyers are being ignored and the the Project succeeded in nationalizing the Clinton administration has decided policies are not being enforced. awareness of women’s history. not only to undermine Congress’ get- f As word of the celebration’s success tough immigration laws, but to com- spread across the country, State De- EXCHANGE OF SPECIAL ORDER pletely ignore them altogether. partments of Education honored Wom- TIME en’s History Week; and, within a few b 2100 Ms. WOOLSEY. Mr. Speaker, I ask years, thousands of schools and com- The Border Patrol is only the most unanimous to take the time previously munities nationwide were celebrating obvious component of a system of law allotted to the gentleman from Texas National Women’s History Week every enforcement that should cover both the (Mr. GREEN). March. border and interior enforcement. Even The SPEAKER pro tempore (Mr. In 1987, The Project petitioned Con- though it continues to receive most of SHIMKUS). Is there objection to the re- gress to expand the national celebra- the attention, about 40 percent of all il- quest of the gentlewoman from Cali- tion to the entire month of March. Due legal aliens in this country came here fornia? to their efforts, Congress issued a reso- legally and simply overstayed their There was no objection. lution declaring the month of March to visas. Therefore, interior enforcement f be Women’s History Month. Each year is an integral part of protecting the in- since then, nationwide programs and WOMEN’S HISTORY MONTH tegrity of our borders. activities on women’s history in Yet the INS field offices were re- The SPEAKER pro tempore. Under a schools, workplaces, and communities cently told that their interior enforce- previous order of the House, the gentle- have been developed and shared. ment budgets would be cut by as much woman from California (Ms. WOOLSEY) In honor of Women’s History Month, as 90 percent from last year’s level. The is recognized for 5 minutes. I want to praise Mary Ruthsdotter, INS’s eastern region, covering States Ms. WOOLSEY. Mr. Speaker, March Molly MacGregor, and Bonnie east of the Mississippi River, was told is Women’s History Month, and I come Eisenberg, who are the birth mothers that its enforcement budget for fiscal to the floor of the House this evening for this very notion, which makes me, year 1999 has been cut from more than to salute the mothers of Women’s His- by the way, the midwife. I want to ac- $10 million down to $1 million. tory Month, the National Women’s His- knowledge Lisl Christy, Cindy The INS has begun a policy of releas- tory Project, known as ‘‘The Project.’’ Burnham, Jennifer Josephine Moser, ing illegal aliens that they feel they The Project is from the 6th Congres- Suanne Otteman, Donna Kuhn, Sunny cannot afford to detain. The INS plans sional District in California, the dis- Bristol, Denise Dawe, Kathryn Rankin, to release at least 2,000 illegal immi- trict that I am proud to represent. and Sheree Fisk Williams. These are grants, including people who have been About a year ago I traveled to Seneca the women now working at the Project. convicted of arson, armed robbery, Falls, New York to celebrate with my All of these women serve as leaders in manslaughter, drug trafficking, alien colleagues and our Nation’s women the the effort to educate Americans of all smuggling and firearms violations. A 150th anniversary of the women’s ages. They educate them about the spokesman for the INS acknowledges rights movement. This was truly a spe- contributions of women in our society. that detainees who get released prob- cial occasion because Sonoma County, Under strong and thoughtful leader- ably will not ever be deported, since 9 which is my home district, is the birth- ship by Molly MacGregor, the National out of 10 are never found again. place of the National Women’s History Women’s History Project educated Agents in field offices are being told, Project, the organization responsible America about the 150th anniversary of ‘‘If you need money to do a case,’’ then for the establishment of women’s his- the women’s rights movement. simply ‘‘do not send it up.’’ A senior in- tory month and a leader in the 150th The Project was repeatedly called vestigating official said that without anniversary of the women’s rights cele- upon by the National Park Service, in more detention space, there is little bration. particular the Women’s Rights Na- point in arresting people because ‘‘they The Project, the Women’s History tional Historical Park, to help them in- get home before you do.’’ Project, is a nonprofit educational or- tegrate women’s history into their ex- The administration’s refusal to allo- ganization founded in 1980, committed hibits. Their ‘‘Living the Legacy of cate the appropriate funding for inte- to providing education and resources to Women’s Rights’’ theme also made it rior enforcement is not even the big- recognize and celebrate women’s di- possible for thousands of communities, gest hindrance to the enforcement of verse lives and historic contributions local schools, employers, and busi- our laws. In what is called a major to society. Today they are repeatedly nesses to support and celebrate the shift in strategy, the INS has decided cited by educators, publishers, and 150th anniversary. The Project also to discontinue such practices as tradi- journalists as the national resource for launched a media campaign which edu- tional workplace raids and instead em- information on U.S. women’s history. cated the press about the proud history phasize only operations against foreign Thanks to the Project’s effort, every of the women’s movement. criminals, alien smugglers, and docu- March, boys and girls across the coun- Further, the Project has been recog- ment fraud. try recognize and learn about women’s nized for outstanding contributions to What should be done about this situ- struggles and contributions in science, women and children and their edu- ation? Mr. Speaker, I call on you and literature, business, politics, and every cation by the National Education Asso- my other colleagues to let officials at other field of endeavor. ciation; for diversity in education by

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5343 the National Association For Multicul- powers to build weapons of mass de- commission member, doubted the com- tural Education; and for scholarship, struction and missile delivery systems mission plan would save the Federal service, and advocacy by the Center for for themselves. Government even one dime. The same Women’s Policy Studies. Meanwhile, the case for unleashing a proposal under another name will not As I pay tribute to women’s history military strike in order to make a do it either. month, I am truly grateful to all the meaningful threat meaningful should The privatization of Medicare is, of devoted women at the National Wom- be reconsidered. course, nothing new. Medicare bene- en’s History Project for their contin- It is time to disengage pride and re- ficiaries have been able to enroll in pri- ued commitment and for making an in- view circumstance. It is time to stop vate managed care plans for some time delible mark on our country. being a bully in the use of the bully now, and their experience does not f pulpit. bode well for a full-fledged privatization effort. They are already calling for PRESIDENTIAL DECISION-MAKING f higher government payments, they are RELATED TO KOSOVO WE CANNOT AFFORD TO dropping out of unprofitable markets, PRIVATIZE MEDICARE The SPEAKER pro tempore. Under a and they are cutting back on patient previous order of the House, the gen- The SPEAKER pro tempore. Under a benefits. tleman from Iowa (Mr. LEACH) is recog- previous order of the House, the gen- Managed care plans are profit-driven, nized for 5 minutes. tleman from Ohio (Mr. BROWN) is rec- and they do not tough it out when Mr. LEACH. Mr. Speaker, I rise to ognized for 5 minutes. those profits are unrealized. We learned address the issue of presidential deci- Mr. BROWN of Ohio. Mr. Speaker, this the hard way last year when 96 sion-making related to Kosovo. the Medicare Commission fortunately Medicare HMOs deserted more than Sometimes the challenge of leader- has voted down a Medicare reform pro- 400,000 Medicare beneficiaries because ship is to recognize that restraint at posal that would have privatized one of their customers simply did not meet the outset is a better policy than en- the best government programs in the HMO profit objectives. tanglement at the end. American history. Before Medicare was launched in 1965, The Balkans are a caldron of conflict The Commission’s charge was to more than half this Nation’s seniors based on a history of internecine vio- come up with a scheme for putting were uninsured. Private insurance was lence of which we on this side of the Medicare on a solid financial footing then the only option for senior citi- Atlantic have little understanding or and improving its value to seniors. In- zens. Insurers did not want seniors to capacity to ameliorate. stead, they came up with a scheme to join their plans because they knew the Policy in such a circumstance should end Medicare as we know it. While the elderly would use their coverage. The be designed to avoid being caught up in Commission’s time may have run out, private insurance market has changed destructive dissensions which are be- it is not, unfortunately, the end of the considerably since then, but it still yond our ken and beyond our control. story. Plans are being made to intro- avoids high-risk enrollees and, when- There may be a humanitarian case duce legislation based on the plan, they ever possible, dodges the bill for high- for intervening on the ground in call it premium support, that the Com- cost medical services. Kosovo as part of a small NATO peace- mission just rejected. The purpose of public medical sys- keeping operation. But this case dis- Under this proposal, Medicare would tems is to provide the best health care integrates if we unleash air power no longer pay directly for health care possible to help people, especially chil- against one of the sides. In the wake of services. Instead, it would provide each dren and the elderly, so that they can air strikes, we will be barred forever senior with a voucher good for part of live longer, healthier lives. from a claim to the kind of neutral sta- the premium for private coverage. tus required of a peacekeeping partici- Medicare beneficiaries could use this b 2115 pant. More importantly, it is strategic voucher to buy into the fee-for-service The purpose of privatized medical folly to assume civil wars can be plan sponsored by the Federal Govern- systems is to maximize profit through calmed by unleashing violence from ment or to join a private plan. private insurance companies, denying 30,000 feet. To encourage consumer price sensi- benefits and instituting physician and Teddy Roosevelt once admonished tivity, the voucher would track to the other provider incentives to withhold ‘‘to speak softly but carry a big stick.’’ lowest cost private plan; ostensibly, care. At risk to the public interest, this seniors would shop for the plan that The problem is the expectation that President has taken a different tack. best suits their needs, paying extra for private insurers can serve two masters: He has raised the rhetoric, threatening higher quality care. But the proposal the bottom line and the common good. one side that air strikes will occur if it would abandon the principle of egali- There are 43 million uninsured Ameri- does not capitulate, and allowed a war tarianism that has made Medicare one cans. If the private health insurance criminal, Slobadan Milosovic, to force of our Nation’s best government pro- industry cannot figure out how to his hand. grams. cover these people, most of whom are Now, in part because White House Today the Medicare program is in- middle-income workers and children, threats are either not being taken seri- come-blind. All seniors have access to how will they treat high-cost seniors? ously or are viewed as potentially the same level of care. The premium If we privatize Medicare, we are tell- counterproductive, Milosovic has put support proposal, however, would be ing Americans that not all senior citi- the President in a position of advo- structured to provide comprehensive- zens deserve the same level of care. We cating air strikes in order to keep his ness, access, and quality only to those are betting on a private insurance sys- word, even though their effect may be who could afford them. tem that puts its own interest ahead of more anarchistic than constraint. The idea that vouchers would em- health care quality and a balanced Fed- The world will little note nor long re- power seniors to choose a health plan eral budget. As the focus of Medicare member what most Presidents say that best suits their needs is simply a reform shifts to Congress, we must most of the time. But people from myth. The reality is that seniors will question our priorities. every corner of the earth are taking be forced to accept whatever plan they The answer is clear: Medicare is a na- stock of what appears to be a too-ready can afford. tional priority and must be kept the trigger hand on cruise missiles and air The Medicare Commission was excellent public program that it has power. charged with ensuring Medicare’s long- been for 3 decades. Thirty-six million A question worth pondering is wheth- term solvency. This proposal will sim- Americans depend on Medicare every er use of such power in East Africa and ply not do that. day, and it has helped our Nation lead Afghanistan, for instance, precipitates Bruise Vladeck, a former adminis- the world in life expectancy for people or diminishes efforts by destabilizing trator of the Medicare program and a 80 years and older.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 5344 CONGRESSIONAL RECORD—HOUSE March 23, 1999 The Medicare Commission wisely dis- from producing census counts that dividuals to take temporary census jobs banded without delivering a final prod- were corrected for those missed and without losing their government benefits. uct. It is time now that we go back to counted twice. Thank you for this opportunity to present Now they are desperate again. They our views on the legislation under consider- the drawing board and construct a plan ation by your Committee. I look forward to that builds on Medicare’s strengths and claim that apportioning the 435 seats continuing to work with you and other mem- ensures its solvency for decades ahead. among the States is the same thing as bers of Congress to ensure that Census 2000 is f drawing Congressional District bound- the most accurate census possible. aries, even though apportionment is Sincerely, 2000 CENSUS done by the Congress and drawing dis- WILLIAM M. DALEY. The SPEAKER pro tempore. Under trict lines is done by the State legisla- Mr. Speaker, the 1990 census was the the Speaker’s announced policy of Jan- tures. In fact, the last time the Repub- first census to be less accurate than uary 6, 1999, the gentlewoman from licans controlled Congress during the the one before it. There were 8.4 mil- New York (Mrs. MALONEY) is recog- census was 1920, and they so disliked lion people missed and 4.4 million peo- nized for 60 minutes as the designee of the results of that census that they re- ple were counted twice. The 1990 census the minority leader. fused to reapportion the House for the missed 1 in 10 African American males, Mrs. MALONEY of New York. Mr. entire decade. 1 in 20 Latinos, 1 in 8 American Indians Speaker, my colleagues only have to The fight today is about whether or on reservations, and 1 in 16 rural non- look at the history of the issue of the not the professionals at the Census Bu- Hispanic whites. The sole focus of the census to understand what is going on reau will be allowed to conduct the majority’s agenda is to make sure that in the House this Congress. Tomorrow, census as they see fit. The majority these people are left out of the next we will begin the debate on the supple- has introduced seven bills that look census as well. mental appropriations bill for the Wye harmless on the surface but most of When the Constitution was written, River Peace Accord and the victims of them are designed to make it more dif- there was a shameful compromise to Hurricane Mitch. ficult for the professionals to do an ac- the count. African Americans were Just 2 years ago, we were debating curate count. counted as three-fifths of a person. We another supplemental appropriations Several of the bills are so invasive must not allow the 2000 census to count bill. Then it was for flood victims in that the Census Bureau director said African American males as nine-tenths the Midwest. The waters in North Da- that the effect, and I am quoting Dr. of a person. kota had not yet receded when the Re- Prewitt now, the Director of the Cen- There is one clear and simple issue publican majority added language to sus Bureau, he claimed it would be here. Will the next census count every- ban the use of modern scientific meth- ‘‘just short of disastrous.’’ He said, ‘‘It one or will it repeat the mistakes of ods to the flood relief bill. They would put the entire census at risk’’. 1990, leaving millions of people unrep- thought the President would not dare Several are so bad that the Secretary resented and unfairly left out? veto flood relief over the census, par- of Commerce said that he would rec- The census is tied to not only accu- ticularly when so many people were ommend a presidential veto. None of rate data but our funding formulas are suffering. They were wrong. their proposals would make the census tied to it. The census plan that the The President vetoed the bill, stating any more accurate. And I will insert at Census Bureau has put forward, using very strongly that Congress had no this point in the RECORD the letter modern scientific counts, is supported business tying flood relief to anti-mod- from Secretary of Commerce Daley to by the entire scientific community. ern scientific counts in the census. The the gentleman from Indiana (Mr. BUR- These are the people that support President received editorial support TON), the chairman of the Committee statistical methods in the Census 2000: clear across this Nation, and the Re- on Government Reform. The National Academy of Sciences; the publican majority backed down. THE SECRETARY OF COMMERCE, American Statistical Association; the Then, in September of 1997, the ma- Washington, DC, March 16, 1999. Council of Professional Associates on jority put language in the Commerce, Hon. DAN BURTON, Federal Statistics. Dr. Barbara BRY- Justice, State appropriations bill to Chairman, Committee on Government Reform, ANT, a Republican, President Bush’s ban the use of modern scientific meth- House of Representatives, Washington, DC. Census Bureau Director. She speaks DEAR CHAIRMAN BURTON: Tomorrow, the ods. When the President threatened to Government Reform Committee is scheduled out every day for a modern scientific veto that, the majority knew they did to mark up seven bills related to the conduct count. The American Sociological As- not dare shut down the government of the Decennial Census in 2000. While I know sociation; the National Association of over the census, so they came to the we share a common goal of ensuring that Business Economists; the Association bargaining table with 17 pages of lan- Census 2000 is the most accurate and cost-ef- of University Business and Economic guage designed to tie the Census Bu- fective Decennial possible, the Department Research; the Association of Public reau up in knots. of Commerce must strongly oppose legisla- Data Users; and the Consortium of So- The majority insisted on language tion that would mandate a post census local cial Science Associates. that required two sets of numbers for review, require the printing of short census forms in 34 languages, and mandate a second These professionals versus the Re- the 2000 census. Now they say that two mailing of census forms. publican majority. sets of numbers is irresponsible. They According to the Director of the Census We have a number of important set up a monitoring board with a $4 Bureau, Kenneth Prewitt, and the profes- Members of Congress that are partici- million budget and complained when sionals at the Census Bureau, these three pating in this special order tonight, the President insisted that the board bills would reduce the accuracy and seri- and the gentleman from Maryland (Mr. be balanced with an equal number of ously disrupt the schedule of Census 2000. ELIJAH CUMMINGS) is first, but I really presidential appointments and congres- Based on the attached detailed analysis of would like to put in one of the recent the legislation provided by Dr. Prewitt, if sional appointments. this legislation were presented to the Presi- editorials that have come out across The majority tried again in 1998 to dent, I would recommend that he veto it. the Nation regarding the GOP plan to kill the use of modern scientific meth- The Census Bureau is already working on undermine the census with this bill ods and failed. Then they turned to the many of the issues that these and the other that they have before us. courts. In January they lost that bat- four bills address. For example, the Census I would like to just quote one line tle, too. The Supreme Court ruled that Bureau is not designed to manage a grant out of it. And this is from the Wash- the Census Bureau could not use mod- program, but it is working to increase part- ington Post. This editorial is entitled ern scientific methods for apportion- nerships with local governments and tribal ‘‘Census Chicken’’: ‘‘House Republicans and non-profit organizations to increase par- ment, but they are required to use it ticipation in Census 2000. In addition, we ex- are playing an indefensible game of for everything else, if feasible. Of pect to seek additional funding for a variety chicken with the next census. To pre- course, what the majority really cared of other activities. And we would appreciate vent the publication of accurate fig- about was keeping the Census Bureau assistance in making it possible for more in- ures, which they fear could cost them

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5345 seats in the next redistricting, they are veto. Nor may a vote whose clear effect by my distinguished colleague, the gen- threatening steps that could disrupt would be to deny full political representa- tlewoman from New York (Mrs. CARO- the entire operation. They put them- tion to significant numbers of vulnerable LYN MALONEY), which will involve local people be a comfortable one to cast. selves in an untenable position remi- So some Republicans also are trying—in governments in various aspects of the niscent of their amateurish threat of the name of greater accuracy, no less—to im- count, while also allowing the Census several years ago to shut down the gov- pose new requirements on the Census Bureau Bureau to proceed with its established ernment unless they got their way.’’ whose effect would be to delay publication of plans. This editorial goes on. It is quite a the adjusted numbers until after redis- As lawmakers, we have an obligation lengthy one. Again, they say, ‘‘So some tricting had safely begun. Delay might serve to focus on the impact the census data Republicans also are trying, in the their purpose as well as prohibition, at less has on every aspect of our constitu- name of greater accuracy, no less, to political cost. The bureau says on the basis ents’ lives: education, health, transpor- impose new requirements on the Cen- of long experience that the most important of these proposals—a second mailing and an tation and economic development. As sus Bureau whose effect would be to additional chance for local officials to appeal such, I believe the task of providing an delay publication of the adjusted num- the results of the head count—would actu- accurate and complete census is better bers until after redistricting had safely ally detract from accuracy, innocuous left to the statistical experts with begun.’’ And it ends by saying, ‘‘They though they sound. Director Kenneth guidance from the Congress and not its ought to back off.’’ Prewitt recently testified that they ‘‘would micromanagement. Mr. Speaker, I will submit at this disrupt and even place at risk Census 2000.’’ I want to thank the gentlewoman for The Republicans are contemplating mount- point for the RECORD the entire edi- yielding, and I yield back to her. ing a national ad campaign in behalf of their torial. position. But it’s an unworthy cause. Nor is Mrs. MALONEY of New York. Mr. [From the Washington Post, Mar. 15, 1999] it clear to us that, in the complicated busi- Speaker, I thank the gentleman for his CENSUS CHICKEN ness of redistricting, the adjusted figures important comments. House Republicans are playing an indefen- even if states choose to use them would nec- It is important to remember that the sible game of chicken with the next census. essarily work to Republican disadvantage. census has real impact on people’s To prevent the publication of accurate fig- They ought to back off. lives. Information gathered in the cen- ures, which they fear could cost them seats Mr. Speaker, I now call upon my sus is used by States and local govern- in the next redistricting, they are threat- friend and colleague, the gentleman ments to plan schools and highways, by ening steps that could disrupt the entire op- from Maryland (Mr. CUMMINGS). the Federal Government to distribute eration. They put themselves in an unten- Mr. CUMMINGS. Mr. Speaker, I want funds for health care and all other gov- able position, reminiscent of their amateurish threat of several years ago to shut down to thank the gentlewoman for yielding ernment programs, and by businesses the government unless they got their way on to me, and also thank her for her work in making their economic plans and the budget. The carried that threat out, with regard to this issue. The gentle- predicting the future. much to their chagrin. Their leaders—or woman has definitely been at the fore- Mr. Speaker, the gentlewoman from some of their sensible members; it doesn’t front of this very important fight. Florida (Mrs. CARRIE MEEK) is here to take that many in the House these days— Mr. Speaker, I rise today to support comment. We had a public hearing, ac- should save them from suffering a similar an accurate and fair Census 2000. Ex- tually, in her city, which she hosted for embarrassment this time. perts at the Census Bureau have con- the Subcommittee on the Census of the The issue is whether and how to correct for cluded that only by using modern sci- the chronic undercount, of low-income peo- Committee on Government Reform. If I ple and minority groups especially, that has entific methods for the census can we remember correctly, everyone testified come to plague the census as it has become achieve this result. in support of modern scientific meth- better understood in recent decades. Dis- I urge my colleagues to be mindful ods. proportionate numbers of such people tend that conducting an accurate census is a 2130 to be missed in the traditional head count, complex task. The 1990 census was in- b conducted first by mail, then by knocking on undated with millions of errors, result- Mrs. MEEK of Florida. Mr. Speaker, doors. The administration proposes, with the ing in an error rate of over 10 percent. yes, they did. I want to thank the gen- overwhelming support of the statistics pro- Approximately 101,000 Maryland resi- tlewoman from New York (Mrs. fession, to use a system of sampling—ex- MALONEY) who has worked so hard and trapolation from exhaustive counts in se- dents were missed. Moreover, it is esti- lected census tracts—to adjust for this. mated that almost 21,000 constituents assiduously toward making us have a The Republicans seek to block that, on of the 7th Congressional District of fair and accurate count. She has done grounds it is little more than sophisticated Maryland were undercounted. This this against many odds and against guesswork, illegal, subject to political ma- means that 21,000 of my constituents much fight from the Republican party. nipulation—and, in their view, likely to ben- were not included in decisions made by I want to call to the attention of ev- efit Democrats. Last year they sought to en- the State and local governments that eryone and to this country that it ap- list the courts. The Supreme Court found the directly impact their lives, including pears that the Republicans would use law to be mixed. It agreed that an actual any tactic necessary to dismantle the count had to be used for apportionment of the planning of schools, child care fa- congressional seats among the states, and cilities, and the distribution of funds Census Department’s ability to reach a the bureau has had to adjust its plan accord- for health care. This is unacceptable fair and accurate count. It appears that ingly. There will be more of a head count and and must be remedied. they want to prevent an accurate cen- less reliance on sampling; the White House is However, the answer is not H.R. 472, sus, not to get an accurate one. They still trying to figure out how to fit the addi- the Post Census Local Review Act. have given much lip service to this, but tional cost of perhaps $2 billion within the This bill requires the Census Bureau to all their efforts show that they are president’s budget. The court also said, how- set aside 9 unnecessary weeks after the using all kinds of tactics to come up ever, that adjusted figures are required to be with ways to dismantle an accurate used for most other purposes, including, in field work is done to review the count most cases, the allocation of federal funds. It of local addresses a second time. count. left up in the air which set of figures should A local census review was conducted History has shown us that the 1970 be used for redistricting within states. in 1990, and most mayors who partici- and the 1990 count in the census under- The administration’s goal is to publish pated in the program thought it was a counted minorities. They undercounted both sets by the spring of 2001, when redis- disaster. Further, it would consume so African Americans, and they under- tricting is supposed to begin, and let each much time that the Census Bureau counted Hispanics. This chart shows state choose which to use, since redistricting would be unable to carry out its plans this: More blacks than non-blacks were is a state function. The Republicans have missed in the census. And we look at threatened to withhold appropriations to to use the more appropriate scientific prevent this, but that can get them back manner to count our citizens. this and we can see here in 1940, also in into the business of shutting down part of Because of these concerns, when the 1950, 1960, 1970, 1980, 1990, we will see the government if the president makes good, bill is considered on the floor tomorrow that a high percentage of African as he should, on his own threat to use the I intend to support a substitute offered Americans have been missed. About 4.4

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 5346 CONGRESSIONAL RECORD—HOUSE March 23, 1999 percent of African Americans were pling for apportioning congressional are going to continue to spread the missed in the last census. That is a bad districts among the States. I do not word that there are people here in this undercount. It takes away from Afri- agree with the Supreme Court on that. Congress who do not feel that all of us can Americans their ability to be We did not win that fight. But they count. And I want to say, Mr. Speaker, counted as a whole American. were wrong. that we do count and we will be count- Our chairwoman, the gentlewoman However, the Court also held that the ed. from New York (Mrs. MALONEY), men- 1976 revisions to the Census Act re- Mrs. MALONEY of New York. Mr. tioned that. If we remember, the Con- quired the use of sampling for all other Speaker, I want to make sure that the stitution once had us counted as three- purposes, including the distribution of gentlewoman knows that H.R. 472 has fifths of a man. And now that we are Federal aid to States and municipali- been pulled from the floor agenda for supposed to be counted as one person, ties and for redistricting, if the Sec- tomorrow. It will not be on the floor there still is an undercount. I want to retary of Commerce determines its use tomorrow. And this is very good be- thank the gentlewoman for her efforts to be feasible. cause, as the gentlewoman pointed out on that behalf. I just left members of the Florida and as the gentleman from Maryland The Secretary of Commerce men- legislature. I attended a summit there. (Mr. CUMMINGS) pointed out, it does ab- tioned in his report that the 1990 cen- The whole talk was the census, getting solutely nothing to correct the sus was the first in 50 years that was an accurate count. Florida is one of the undercount. It does not do anything to less accurate than its predecessor. The States that had an undercount. We do correct the mistakes of the last census undercount of minorities was much not expect to have that undercount and, according to the professionals at worse than the 1.6 national average. again. I hope the Republicans will un- the Census Bureau, puts hurdles and What I see here is sort of an intra- derstand that Florida is a crucial red tape in front of it that makes it im- mural fight between the Census De- State. We have people in that State possible it get an accurate count. partment and the Republican Party, who demand to be treated fairly. So we are fortunate that the Repub- and it should not be that way. Demo- The Secretary of Commerce has al- lican Party has not put it on the floor crats are trying very hard to make this ready announced that he considers the for tomorrow, and I hope that they will census accurate, to be sure that every- use of sampling to be feasible. Given not ever put it on the floor, since it one is counted. So, then, if that is our the Supreme Court’s ruling, a 2000 cen- does not do anything to help get an ac- mandate as elected officials, there are sus plan, then, must be a two-num- curate count. some people who do not feel that an ac- bered plan that uses traditional count- Mr. Speaker, I would like to include curate count is very vital. But it is ing methods to arrive at a number for for the RECORD an editorial from the very vital. apportionment and modern statistical home city of the gentlewoman from Last year’s census data was used in techniques for all other purposes. Florida (Mrs. MEEK), the Miami Herald, the distribution of over $180 billion in My colleague from New York (Mrs. from March 22nd. It is entitled ‘‘Every- Federal aid. Republicans know this. I MALONEY) has really pushed this point one Counts. Republicans Will Prevent do not understand why they are fight- home to everyone, the fact that statis- An Accurate Census At Any Cost.’’ ing an accurate count when they know tical sampling is a technique that we And to read just a small portion from the very people they represent will be need for all other purposes. Otherwise it, ‘‘U.S. House should remove the bar- undercut or hurt by an inaccurate we are saying from the very beginning riers to statistical sampling.’’ The edi- count. The poor people, the we do not want an accurate count. We torial goes on. ‘‘If you are black, His- disenfranchised people, the homeless want guesswork to get it down. Not panic, Asian or poor, live in the city or people, the elderly people, veterans, ev- only do we want guesswork, but we do on city streets and have a mind to be eryone will pay when the census is not not want some people to be counted. distrustful, you might conclude that accurate. We do not care if they are not counted. many Republicans in Congress just So I do not understand what the The Census Bureau has announced want you to go away, at least until the thinking is in the Republican Party new details in their plan for a complete 2000 census count is over and the new that lets us worry only about the Con- census under the law. This plan will congressional district lines are drawn. gress and its apportionment. So that is produce counts using modern methods ‘‘Quite unreasonable has been the Re- all they are worried about? If that is that will correct for people missed and publican congressional majority’s at- the case, then that says to the people counted twice and be used for all pur- tempts to thwart an honest count.’’ back home that they are not worried poses other than apportionment. How- It states that ‘‘The House Govern- about them, they are not worried about ever, without using those modern ment Reform Committee voted last the quality of their lives, because what methods, the 2000 census will have the week to throw as many monkey they want to do is be sure that they do same errors that the 1990 census had wrenches as needed into next year’s not bring any more Democrats into the and will miss millions of people, most- count with bills that would delay a Congress. Well, that is not fair to these ly poor minorities, in this Nation. true count until the new district lines senior citizens back home. It is not fair Republicans are now trying to legis- are drawn. In other words, delay it to people who are relying on govern- late through a series of bills and acts until all those initially overlooked ment for all of the benefits that they and resolutions. What they are doing black, brown and other minority faces should receive. is, they are trying to legislate a faulty no longer count.’’ All we are asking for is that local census. Why is it needed through legis- Mr. Speaker, I include the following communities receive their fair share of lation? Why cannot we depend upon the editorial for the RECORD: Federal spending. Without an accurate Census Bureau? [From the Miami Herald, Mar. 22, 1999] count, they will not get their fair The time for legislating how the cen- EVERYONE COUNTS: REPUBLICANS WILL share. An inaccurate count will short- sus should be conducted has passed. PREVENT AN ACCURATE CENSUS AT ANY COST change the affected communities for an The Census Bureau must be allowed to U.S. House should remove the barriers to entire decade. They have already been focus on conducting the census as statistical sampling. shortchanged by the 1970 census, again planned and modified by the Supreme If you are black, Hispanic, Asian or poor, in 1990. So here we come again. The Re- Court’s decision. Let us allow the pro- live in the city or on city streets and have a publicans are saying, ‘‘We do not care.’’ fessionals at the Census Bureau to do mind to be distrustful, you might conclude They can be shortchanged for 10 more their jobs and produce a fair and equi- that many Republicans in Congress just years, another decade of undercutting table Census 2000 count. want you to go away—at least until the 2000 Census count is over and the new congres- people who need a fair share. I want to assure and say to our chair- sional districts are drawn. On January 25, 1999, the United woman, the gentlewoman from New These Republicans—and South Florida States Supreme Court ruled that the York (Mrs. MALONEY), that we are Reps. Ileana Ros-Lehtinen and Lincoln Diaz- Census Act prohibits the use of sam- going to continue to work on this, we Balart are among them—apparently fear

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5347 that if these minorities are counted, the fairness, equity, and representation for Under the Census Bureau’s plan, ev- Democrats will gain more seats come redis- all of the people in this Nation. The erybody counts. All Americans would tricting time. It’s a reasonable, albeit polit- issue, obviously, to which I am refer- be included in the census. If we keep ical, fear. ring is the year 2000 census. taking the census the old way, we will Quite unreasonable has been the Repub- As a member of the Subcommittee on lican congressional majority’s attempts to obviously miss millions of people, thwart an honest count. Last year, the party the Census, I submit that this is one of which would cause one to wonder if we restricted Census Bureau funding and went the most important issues of this Con- have learned anything since 1790. Our to the Supreme Court to outlaw the use of gress. This is not a new issue. In fact, scientific information dictates that we statistical sampling, which would result in a it dates back some 2000 years, when a use proven scientific efforts to maxi- more-accurate count. There, they got a par- decree went out from Caesar Augustus mize the accuracy of the census. All of tial win—sampling cannot be used for appor- that a census must be taken of all the the experts know that it is what works. tioning House seats. inhabited earth. Mr. Speaker, as we move to the actu- But they aren’t content to leave it at that. Also, it is written in the Book of ality of census taking, there are bills The shame of it is that Rep. Ros-Lehtinen Numbers that the Lord God spoke to and Diaz-Balart are in the thick of this mis- that have been put before us sup- guided effort, even though theirs were among Moses in the wilderness of Sinai and posedly designed to improve accuracy. the top 25 undercounted districts in the told him to take a census of the sons of But in reality, it seems to me that country in 1990. Why is this important? Be- Israel. And of course if it was today, he what we are doing is putting partisan cause government aid is tied to population would have said the sons and daughters politics ahead of the people and fair counts. So their constituents lost federal of Israel. It was just that important representation. It is my position that funds because of it. Why do they want their 2000 years ago, and certainly it is that you can take all of these bills, apply constituents cheated again? important today. Government Reform Committee voted to them on top of a flawed census plan, Since 1790, during the first census and you end up with a flawed census. It throw as many monkey wrenches as needed there was a significant undercount, es- into next year’s count with bills that would is like saying that you really cannot delay a true count until the new district pecially among the poor and get blood out of a turnip. You can take disenfranchised, and of course we have lines are drawn. In other words, delay it it and dice it and splice it. You can heard how African Americans were until all those initially overlooked black, puree it and saute it, you can skew it, counted as only three-fifths of a per- brown and other minority faces no longer you can stew it, but you still will end count. son. Now, here we are 200 years later, up with turnip juice. I am afraid that One bill mandates a second mailing of cen- in the 1990s, and it is estimated that that is how we are going to end up. If sus questionnaires to all households that the census missed over 8 million peo- we do not use the most scientific meth- don’t respond, even though census workers ple. Most of those not counted were will phone and visit each of those homes od to count all of the people, I am poor people living in inner cities and anyway. afraid that we are going to miss people rural communities, African Americans, A second measure, seemingly innocuous, and rather than an accurate census, Latinos, immigrants, and children. The would allow skeptical municipalities to de- turnip juice will be the result of our ef- mand that the Census Bureau come back City of Chicago, my city, had an forts. after the count and recount the number of undercount of about 2.4 percent, and I thank the gentlewoman and again households—not the people—in a given area. the African American undercount in commend her for her outstanding lead- The idea is that there may be discrepancies that city was between 5 and 6 percent. between the local address lists and the bu- Obviously, we cannot afford to have a ership. reau’s. count in the year 2000 that does not in- Mrs. MALONEY of New York. I That’s unlikely to happen. So says Barbara clude every American citizen. Too thank the gentleman for his most accu- Everitt Bryant, director of the Census Bu- rate statements and descriptive state- reau from 1989 to 1993. She headed the 1990 much is at stake. The census count determines who receives billions of Fed- ments. We are not about turnip juice, count under President George Bush—a Re- as he says, we are about accuracy, and publican administration. After that count, eral dollars. Every year census infor- some of the cities protested so loudly that mation directs an estimated $170 bil- or goal is the most accurate census the bureau sent interviewers to recanvass. lion in Federal spending. Census data possible, completed using the most up- Less than one-tenth of 1 percent of new helps determine where the money goes to-date methods as recommended by households were uncovered—at a cost of $10 for better roads, transit systems, the National Academy of Sciences and million. schools, senior citizens’ centers, health the vast majority of the professional The 2000 count will be even-more accurate scientific community. We should be because a change in the law lets cities and care facilities, programs for Head Start, school lunches. supporting science, not trying to un- the bureau share address data to make sure dermine it and get a less accurate questionnaires don’t go to vacant lots. Yet In addition to money, representation this recount could take months. is at stake, and in a democracy rep- count. When these bills get to the House, common resentation is just as important as the I thank the gentleman from Texas sense must trump partisan politics. money. Congress, State legislatures, (Mr. GONZALEZ) for joining us. I had the Otherwise, it will be clear who really city councils, county boards, and other great honor of serving with his father. counts in the GOP’s America—and who political subdivisions are redrawn as a He was dedicated to civil rights, was doesn’t. result of the census count. very proud of his role in it, and I think Mrs. MALONEY of New York. Mr. There are some in this body and some it is very appropriate that his son is Speaker, I yield to my colleague the in this country who would deny rep- here to speak on what has been called gentleman from Illinois (Mr. DAVIS), a resentation and resources to millions by many civil rights leaders the civil member of the Subcommittee on the of citizens in the name of maintaining rights issue of this decade, making sure Census, who has been a truly out- the status quo. It is unfortunate that that all Americans, every single one of standing leader on this issue, and I we might ever consider a bill that pur- them, is counted with the most modern thank him for joining us as he has so ports to move us in the direction of a scientific methods. many times on the floor to speak up more accurate census when we know Mr. GONZALEZ. Mr. Speaker, I for accuracy and fairness. that that bill will do just the opposite. thank the gentlewoman for allowing Mr. DAVIS. Mr. Speaker, I want to me this opportunity, and I also join my thank the gentlewoman for yielding, b 2145 colleagues in commending her for the and I also want to echo the sentiments I urge my colleagues not to play leadership role that she has played in of those who have already praised the games with people’s representation and this important battle. outstanding leadership that she pro- resources. One begins to wonder wheth- Mr. Speaker, I rise today in hopes vided on this issue. er initiatives counterproductive to an that history will not repeat itself, in Mr. Speaker, I rise today to join in accurate census are part of a larger hopes that we have learned by our pre- this important special order, which I plan to delay, distort and ultimately vious mistakes. That is what we teach suggest is dedicated to democracy, destroy the accuracy of the 2000 census. our children, that is what we have been

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 5348 CONGRESSIONAL RECORD—HOUSE March 23, 1999 taught. You would think as leaders, produce the most accurate census pos- I ask for your commitment for a fair and elected by our constituencies, we come sible. accurate census in 2000. Thank you for your consideration. here today with those important les- I support the Maloney amendment to sons. That may not be the case. Sincerely, H.R. 472 which allows the Census Bu- HOWARD W. PEAK, In the 1990 census, there were 26 mil- reau to do just that, address local par- Mayor. lion errors, approximately 8.4 million ticipation and use proven statistical people were missed, 4.4 million were methods to produce the most accurate CITY OF LAREDO, counted twice, and another 13 million census possible. The Maloney amend- ELIZABETH G. FLORES, MAYOR, were counted in the wrong place. Of ment gives local governments the March 22, 1999. those minorities, as has already been power to add new construction to the Hon. HENRY A. WAXMAN, pointed out, those were minorities, U.S. House of Representatives, census address list, review counts of House Government Oversight Committee, they were children, they were poor peo- vacant addresses and to review juris- ple in the rural areas that had the Washington, DC. dictional boundaries as part of a local DEAR CONGRESSMAN WAXMAN: I am writing highest undercounts. Clearly, we can update of census addresses before the do better than that. We must do better to ask you to join us in supporting a fair and census is conducted and not after. accurate census in the year 2000. Twenty-six than that if we are to truly represent million errors and an undercount of more Americans of all ages and colors. It is clear to me that this amendment not only includes local govern- than eight million Americans is not accept- In Texas alone, we had an undercount able. Especially since most of the Americans of nearly half a million people, and it ments in the census process, it makes who were not counted were children, poor cost our State $1 billion in Federal them an integral part of it by including people and minorities. As elected officials, funds. That is $1 billion of our tax them in the process of building and we have a duty to protect the interests of money. Estimates suggest that an checking the address list on a timely our constituents. It is incumbent upon us to equally inaccurate undercount in 2000 basis. After all, if what we all want is ensure that they are treated fairly and counted equally. would cost Texas over $2 billion. for our local governments to have some I have already heard from several participation and some control or sim- With more than 23,000 not counted in La- redo and close to half a million Texans not mayors in Texas, including the mayors ply some say in the process, let us include them now and not later. counted in the 1990 census, Texas trailed of San Antonio, Laredo, Brownsville, only California as the state with the highest Houston and Austin. They know what Mr. Speaker, I respectfully would re- undercount. This undercount denied Texas $1 the 1990 census cost Texas and they are quest that the following letters from billion in federal funds. If we chose not to desperate to avoid another undercount. mayors in Texas who support local par- correct the egregious mistakes made in the Even my local newspaper, the San An- ticipation but oppose H.R. 472 be sub- last census, Texas stands to lose an additional $2.18 billion in population-based fed- tonio Express News, has joined this all mitted into the RECORD. eral funds. As Mayor of Laredo, I must look too important debate, requesting of CITY OF SAN ANTONIO, out for what is best for the citizens of this HOWARD W. PEAK, MAYOR, Governor George W. Bush, Jr. to take a City. A fair and accurate census is at the March 16, 1999. stand for Texas on the census and to forefront of my agenda. Hon. DAN BURTON, allow and make sure that we utilize I am also writing to request that you op- the latest proven, reliable scientific U.S. House of Representatives, Washington, DC. pose H.R. 472, the Local Census Quality methods in arriving at an accurate Check Act. While I am in favor in local par- count. DEAR CONGRESSMAN BURTON: I am writing ticipation and involvement to ensure a qual- In 2000, the Census Bureau will have you to request your support for a fair and ac- ity census, the effect of this legislation curate census in 2000. As you are well aware, would prevent the Census Bureau from uti- to count 275 million people at 120 mil- the 1990 census resulted in 26 million errors lion addresses. We are just over a year lizing the most effective scientific methods and an undercount of more than eight mil- for ensuring an accurate census. away from the first census 2000 mail- lion Americans. With more than 38,000 citi- According to current law, the census must ing, and we must allow the Census Bu- zens not counted in San Antonio and close to begin on April 1, 2000, and report final popu- half a million statewide, Texas trailed only reau to get on with their business, lation counts by April 1, 2001. On April 1, California as the state with the highest counting the American population. 2000, the census takers must assign 275 mil- undercount in the 1990 census. H.R. 472, the Local Census Quality lion people to 120 million addresses. This Check Act, scheduled at one time to On behalf of the City of San Antonio, I am calls for the largest peacetime mobilization come up on the House floor this week, requesting you to oppose H.R. 472, the Local in our country. The Local Census Quality would require the Census Bureau to Census Quality Check Act. While I am favor Check Act jeopardizes the ability of the Cen- conduct post-census local reviews. in local participation and involvement to en- sus Bureau to correct census counts for per- sure a quality census, the effect of this legis- Now, that sounds like a good idea. But sons missed or counted twice by requiring lation would prevent the Census Bureau from that the 9-week local review process begin when you look under the cover, it ap- utilizing the most effective scientific meth- after all other census activities are com- pears to me that the real goal of H.R. ods for ensuring an accurate census. Fur- pleted. In addition, the post-census local re- 472 is to postpone deadlines while mak- thermore, the Act jeopardizes the ability of view was found not to be cost-effective. For ing it impossible for the Census Bureau the Census Bureau to correct census counts these reasons, the Census Bureau abandoned to use scientific methods to arrive at for persons missed or counted twice by re- the post-census local review process. the most accurate count possible. quiring that the 9-week local review process I believe that we should be able to have Dr. Kenneth Prewitt, the director of begin after all other census activities are both local involvement and the use of the the Census Bureau, has stated that completed. The Census Bureau abandoned best methods to assure that all people are the post-census local review process because H.R. 472 would mandate an operational counted. I support the efforts of Representa- it was found not to be cost-effective. tive Carolyn Maloney to alter H.R. 472. Rep- change to the census 2000 plan which is As currently drafted, H.R. 472 undermines resentative Maloney’s amendment will ad- neither timely, effective nor cost effi- the goal local officials have been working to- dress the problems raised by some local gov- cient and would return us to inad- wards—the most accurate census possible. ernments, of new construction and boundary equate 1990 operations that have now Therefore, I support the amendment pro- errors in a manner that allows the Census been substantially improved upon. It is posed by Representative Carolyn Maloney Bureau to coordinate local review with all of simple. Post-census local review is not which would coordinate local review with the other activities that must take place a new idea. The Census Bureau has the other census activities. San Antonio and within a limited amount of time. used it in the past. They used it in 1990 the entire state of Texas stand to lose bil- As currently drafted, H.R. 472 undermines and it proved to be inefficient. lions of dollars in federal funds allocated on the goal local officials have been working to- With that experience in mind, the the basis of the census. The only way we can wards, the most accurate census possible. assure a fair and an accurate census is to Laredo and the entire State of Texas stand Census Bureau developed a new plan allow the professionals at the Census Bureau to lose billions of dollars in federal funds al- for the 2000 census which would address to make the many critical decisions involved located on the basis of the census. The cen- the issue of local participation while in taking a census based on their expertise sus is a complex undertaking. The only way utilizing modern scientific methods to and experience. we can assure a fair and accurate census is

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5349 to allow the professionals at the Census Bu- only California as the state with the highest Oversight Committee, which you form part reau to make the many critical decisions in- undercount. This undercount denied Texas $1 of, is presently considering legislation to re- volved in taking a census based on their ex- billion in federal funds. If we choose not to quire post-census local review instead of a pertise and experience. I ask for your com- correct the egregious mistakes made in the statistical sampling method to arrive at an mitment for a fair and accurate census in last census, Texas stands to lose an addi- accurate census count. Our position is that 2000. tional $2.18 billion in population-based fed- the proposed legislation—H.R. 472, the Local Warmest Regards! eral funds. As Mayor of Houston I must look Census Quality Check Act—while well inten- Sincerely, out for what is best for the citizens of this tioned, will prevent the Census Bureau from ELIZABETH F. FLORES. city. We must serve our constituents and de- utilizing effective scientific methods for pop- mand a fair and accurate census. A fair and ulation counting, and may once more result CITY OF AUSTIN, accurate census is at the forefront of my in large undercounts. This unfortunately OFFICE OF THE MAYOR, agenda. will impact once more the states with the Austin, TX, March 23, 1999. I am also writing to request that you op- larger populations and larger concentrations Hon. HENRY A. WAXMAN, pose H.R. 472, the Local Census Quality of minority groups—e.g., Texas and Cali- U.S. House of Representatives, Washington, DC. Check Act. While I am in favor of local par- fornia. I therefore urge you to oppose passage of DEAR CONGRESSMAN WAXMAN: I am writing ticipation and involvement to ensure a qual- H.R. 472. I am certain that allowing the use you to request your support for a fair and ac- ity census, the effect of this legislation of statistical samplings will result in the curate census in 2000. As you are well aware, would prevent the Census Bureau from uti- most accurate and timely census possible. the 1990 census resulted in 26 million errors lizing the most effective scientific methods for ensuring an accurate census. According This is after all, I am sure, what we are all and an undercount of more than eight mil- interested in. lion Americans. With thousands of citizens to current law, the census must begin on April 1, 2000, and report final population Thank you. not counted in Austin and close to half a Sincerely, million statewide, Texas trailed only Cali- counts by April 1, 2001. On April 1, 2000, the census takers must assign 275 million people HENRY GONZALEZ, fornia as the state with the highest Mayor of Brownsville. undercount in the 1990 census. to 120 million addresses. This calls for the On behalf of the City of Austin, I am re- largest peacetime mobilization in our coun- Mrs. MALONEY of New York. Mr. questing you to oppose H.R. 472, the Local try. The Local Census Quality Check Act Speaker, I thank the gentleman for his Census Quality Check Act. While I am in jeopardizes the ability of the Census Bureau comments and for his work in his home favor of local participation and involvement to correct census counts for persons missed State on getting an accurate count. or counted twice by requiring that the 9- to ensure a quality census, the effect of this What he is talking about is basic fair- week local review process begin after all legislation would prevent the Census Bureau other census activities are completed. In ad- ness. Because the census is so impor- from utilizing the most effective scientific dition, the post-census local review was tant, we must do absolutely everything methods for ensuring an accurate census. found not to be cost-effective. For these rea- that we can possibly do to ensure that Furthermore, the Act jeopardizes the ability sons, the Census Bureau abandoned the post- everyone is included in the count. We of the Census Bureau to correct census census local review process. know that previous censuses over- counts for persons missed or counted twice I believe that we should be able to have looked millions of Americans, espe- by requiring that the 9-week local review both local involvement and the use of the process begin after all other census activi- cially children and minorities. That is best methods to assure that all people are not fair, it is not accurate, it is cer- ties are completed. The Census Bureau aban- counted. I support the efforts of Representa- doned the post-census local review process tive Carolyn Maloney to alter H.R. 472. Rep- tainly not acceptable, and we are defi- because it was found not to be cost-effective. resentative Maloney’s amendment will ad- nitely determined to do better with As currently drafted, H.R. 472 undermines dress the problems raised by some local gov- this census. That is, if the Republican the goal local officials have been working on ernments, of new construction and boundary majority does not put language and re- to get the most accurate census possible. errors in a manner that allows the Census quirements that make it impossible to Therefore, I support the amendment pro- Bureau to coordinate local review with all of get an accurate count. posed by Representative Carolyn Maloney the other activities that must take place The gentlewoman from Texas (Ms. which would coordinate local review with within a limited amount of time. JACKSON-LEE) has been a leader on this the other census activities. Austin and the As currently drafted, H.R. 472 undermines entire state of Texas stand to lose billions of issue and many issues before this Con- the goal local officials have been working to- gress. I thank her very much for join- dollars in federal funds allocated on the basis wards—the most accurate census possible. of the census. The only way we can assure a Houston and the entire state of Texas stand ing us in this special order and being fair and an accurate census is to allow the to lose billions of dollars in federal funds al- with us tonight. professionals at the Census Bureau to make located on the basis of the census. The cen- Ms. JACKSON-LEE of Texas. I want the many critical decisions involved in tak- sus is a complex undertaking. The only way to thank the gentlewoman from New ing a census based on their expertise and ex- we can assure a fair and an accurate census York as well for her leadership on this perience. is to allow the professionals at the Census issue that has been constant and un- I ask for your commitment for a fair and Bureau to make the many critical decisions selfish as well as her leadership as the accurate census in 2000. Thank you for your involved in taking a census based on their consideration. cochair of the Women’s Caucus, which expertise and experience. I ask for your com- makes her role even more important, Sincerely, mitment for a fair and accurate census in KIRK WATSON, 2000. because what we are talking about is Mayor. Sincerely, an issue of counting people without po- LEE P. BROWN, litical ramifications, unselfishly, and CITY OF HOUSTON, Mayor. making sure that the people of Amer- OFFICE OF THE MAYOR, ica are taken care of. Houston, TX, March 16, 1999. BROWNSVILLE, TX, I would imagine that those who Congressman HENRY A. WAXMAN, March 17, 1999. might be listening to us tonight might Congressman DAN BURTON, Hon. SOLOMON ORTIZ, be, not confused but wondering when U.S. House of Representatives, Committee on U.S. House of Representatives, are we going to come together around Government Reform, Washington, DC. Washington, DC. DEAR GENTLEMEN: I write to ask you to DEAR REPRESENTATIVE ORTIZ: The 1990 cen- this issue. May I give to them a sense join us in supporting a fair and accurate census resulted in an undercount of eight mil- of success and appreciation to the Re- sus in 2000. As you are well aware, the 1990 lion Americans. As a result the State of publicans who have withdrawn H.R. 472 census resulted in 26 million errors and an Texas was denied approximately $1 billion in this evening, because maybe they too undercount of more than eight million Federal funds. No other part of the country are beginning to see the light and are Americans. Most of the Americans who were was more affected by this situation than per- beginning to count votes and realize not counted were children, poor people and haps California. In the case of Texas, the that all Members of this House, Repub- minorities. As elected officials we have a South Texas region which has a population licans and Democrats, would do better duty to protect the interests of our constitu- that is largely Hispanic and a large con- if every American is counted. ents. It is incumbent upon us to ensure that centration of families with incomes below they are treated fairly and counted equally. poverty level, probably felt the brunt of the And so I rise today to support and en- With more than 66,000 not counted in Hous- impact. courage this House together to support ton and close to half a million Texans not It is my understanding that in preparation statistical sampling and to let the Cen- counted in the 1990 census. Texas trailed for the 2000 census the House Government sus Bureau do its job. My colleague

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 5350 CONGRESSIONAL RECORD—HOUSE March 23, 1999 from Texas has already indicated that America’s accurate count, Dr. Kenneth count that will guarantee an equitable distribu- my State lost $1 billion. More impor- Prewitt, head of the Census Bureau, ap- tion of federal funds. I would like to first thank tantly, my legislature is engaged in proved by Republicans and Democrats Congresswoman CAROLYN MALONEY for her strong deliberations today to try and in the United States Senate and given leadership as Co-Chair of the Congressional find a way to insure uninsured chil- the consent of that Senate to do his job Census Caucus. She has become a national dren. Because of the census of 1990, the has said, very devastatingly, that the leader on this issue. State of Texas lost $85 million in Med- procedures that Chairman Miller wants Congress must enact legislation that will icaid funds, $85 million in Medicaid us to go under would place at risk the guarantee an accurate census! The 1990 Cen- funds. They also lost prevention and census 2000. sus undercounted approximately 4 million peo- treatment dollars for substance abuse. It is extremely important, then, Mr. ple. Even more troubling, this last census was, They could have received as much as $9 Speaker, that, one, we join with the for the first time in history, less accurate than million. This is a shameful result. gentlewoman from New York (Mrs. its previous census. The undercount in 1990 And so it is extremely important MALONEY) and support her amendment. was 33 percent greater than the undercount in that we move toward bringing this to a I am hoping that the discussion that the 1980 census. resolution. We must enact legislation we are having here tonight will bear Congress must enact legislation that will that will guarantee an accurate census. fruit and that there will be a possi- guarantee an accurate census! In fact, the The 1990 census undercounted approxi- bility that we do not see H.R. 472. I City of Houston was undercounted by 3.9 per- mately 4 million people. In the State of hope, in fact, that we will find a way to cent in the 1990 Census as a result of utilizing Texas, we lost a congressional district, continue the funding of the Census Bu- the current ‘‘head count’’ method. This anti- not a congressional district that was reau past June in the agreement we quated procedure only recorded 1,630,553 going to selfishly support itself but one worked out over a year ago, and that residents. Based on the scientific sampling that would help bring dollars to the we will also find common ground to en- method that was prepared for the 1990 Cen- people of the State of Texas, as has oc- sure that those children in Texas who sus, it is estimated that over 66,000 curred in other States throughout the lost $85 million in Medicaid dollars, Houstonians were missed by the 1990 Cen- Nation. The undercount in 1990 was 33 those individuals who wanted to re- sus. percent greater than the undercount in ceive substance abuse treatment and Congress must enact legislation that will 1980. lost $9 million, those individuals who guarantee an accurate census! According to a Congress must enact legislation that lost the opportunity to be represented recent GAO report Texas was in federal fund- will help to vindicate the undercount in the United States Congress, the ing over the past decade because of the 1990 in the city of Houston, 3.9 percent, House of Representatives, one of the undercount. some 67 to 70,000 persons. This anti- most powerful bodies in the world, Congress must enact legislation that will quated procedure only recorded would get their opportunity to be guarantee an accurate census! Houston was 1,630,553 residents. Based on the sci- counted in the year 2000. entitled to additional federal funds annually but entific sampling method that was pre- these monies were allocated to another city in b 2200 pared for the 1990 census, it is esti- another state because the census 1990 was mated that over 66,000 Houstonians Mr. Speaker, I would hope this Con- inaccurate. were missed by the 1990 census. Con- gress would come down on the side of Congress must enact legislation that will gress must be responsive. As well, we ensuring that the homeless are count- guarantee an accurate census! African-Ameri- must find a way to break this impasse. ed, the homeless veterans are counted, cans, Hispanics, Asians, and American Indi- Congress has to be able to guarantee an African Americans, Hispanics and ans were missed at a much greater rate than accurate census. Asians, people of multi language who whites. Poor people living in cities and rural Let me share with my colleagues re- are citizens and residents of the United communities were disproportionately under- marks from the director of the Census States are counted, and for sure I hope counted. An accurate census count provides Bureau, newly appointed, approved by that we will join with the gentlewoman an opportunity for every American to be count- both the Republicans and Democrats of from New York (Mrs. MALONEY) and ed regardless of race, geographic location and the Senate, Dr. Kenneth Prewitt, who those of us who have been working social economic class. said this about the proposal of Chair- with her, the gentleman from Illinois Congress must enact legislation that will man Miller. He talked about the last (Mr. DAVIS) and so many others, and guarantee an accurate census! H.R. 472 three items suggested by Chairman begin to formulate a resolution that would put at risk the Census Bureau’s ability Miller to make the census in Chairman the American people can understand to correct and adjust its counts using statistical Miller’s perspective better. and say to us for once, or maybe once data because it mandates that local review He said: On three items, second mail- in many times, or maybe as an example process begin after all other census activities ing, the language initiative and local of what is to come, that the Congress are completed. government review of mailing address- has come down on the side of cities like Congress must enact legislation that will es, the Census Bureau believes it has the City of Houston, of cities like San guarantee an accurate census! H.R. 472 di- already presented more efficient pro- Antonio and Dallas, of States like Cali- minishes all efforts aimed at developing an ac- grams than the suggestions advanced fornia and New York and all in be- curate census count. The Maloney amend- by Chairman Miller. Indeed, if some of tween: Florida, Iowa, Michigan Mis- ment to H.R. 472 strikes an equitable balance these initiatives were legislated in the sissippi, all coming in between, to indi- between local participation and an orderly manner now before the subcommittee, cate that we want an accurate census timely accurate census count. they would disrupt—may I say that count for the United States of Amer- Mrs. MALONEY of New York. Mr. again, Mr. Speaker—they would dis- ica. Speaker, I thank the gentlewoman for rupt and even place at risk census 2000. With that, I thank the gentlewoman her comments. She is always right to Dr. Prewitt goes on to say, ‘‘I will of from New York (Mrs. MALONEY) for her the point, and I would like to put in course allocate more time’’ as he began leadership. She can count on me and, I the RECORD an editorial in the Sac- his presentation to refuting those know, so many others to continue to ramento Bee that really reinforces three, then the other points of the rec- work to finally give to the American many of the points that she was mak- ommendations made by the chairman. people the right kind of census count, a ing. It is from March 12 of 1999, and it Does it not seem that if we can get statistical sampling, so that we can is entitled: ‘‘More Census Mischief.’’ agreement on seven aspects of rec- begin the 21st century when everyone And I would like to quote briefly from ommendations made by the committee, is both included, protected and pro- it, and the Sacramento Bee in its edi- but three specific points made, includ- vided for as they live under the flag of torial says, and I quote: ing the local government review, has the United States. At this eleventh hour Republicans in Con- been stated by Dr. Prewitt who has an Mr. Speaker, I am pleased to be here to gress are proposing legislation that seeks to independent responsibility to ensure continue advocating for an accurate census significantly change census methodology

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.003 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5351 and procedures, adding cost, confusion and, have. But those numbers may still be used to and he quotes from the study, ‘‘34 cit- most critically, time to an already tight redraw congressional and legislative bound- ies and counties lost more than $500 schedule. Three of the specific provisions in aries within individual states. million in Federal and State funds dur- the Republican bills threaten the process. With their predictably higher numbers of ing this past decade due to the The editorial ends with a very strong poor and minority residents, corrected undercount in the 1990 census. These comment, and I quote: counts are expected to benefit Democrats. If Republican members of Congress can slow dollars translate into meals for seniors, With their predictably higher numbers of the census long enough to disrupt the count, transportation and job training.’’ poor and minority residents, corrected corrected numbers won’t reach the states in This bill is one of a series that was counts are expected to benefit Democrats. If time to redraw internal boundaries in 2001, considered in the Committee on Gov- Republican Members of Congress can slow thus helping Republicans. The public inter- ernment Reform and Oversight, on the census long enough to disrupt the count, est is in as accurate a census as possible. The which I sit along with the gentle- corrected numbers will not reach the States Republican mischief at this late date threat- woman from New York (Mrs. in time to re-draw internal boundaries in ens that. 2001, thus helping Republicans. The public MALONEY), which sound good but which interest is in as accurate a census as pos- Mr. Speaker, I am delighted that a I believe have the effect of cynically sible. The Republican mischief at this late new Member of Congress has joined us, stymieing the use of modern scientific date threatens that. the gentlewoman from Illinois (Ms. methods for obtaining an accurate End of quote, and again I will put the SCHAKOWSKY), and she serves on the count by delaying the entire process. entire editorial from the Sacramento Committee on Government Reform and None of the proposals, including H.R. Bee into the RECORD: Oversight. She also serves with me on 472, were given proper hearings. Had There are 385 days left before April 1, 2000— the Committee on Banking and Finan- that happened, we could have heard Dr. Census Day. Preparation for the once-a-dec- cial Services, where she has already Prewitt, Census Bureau Director, tell ade national head count began even before demonstrated leadership on protecting us that H.R. 472, quote from him, would the 1990 census was over. Twenty-five major consumer rights, and I thank her for interfere with and put at risk, unquote, software systems have been designed, linked coming here and joining us on the floor the Census Bureau’s plan which al- and tested to keep track of the 175 million tonight. ready includes review of addresses by forms printed in six different languages, to Ms. SCHAKOWSKY. Mr. Speaker, I local officials. We could have heard the pay hundreds of thousands of workers, to National Academy of Sciences explain monitor tens of thousands of partnership thank the gentlewoman from New programs and to produce 12 million maps York (Mrs. MALONEY). One of the rea- that the key to an accurate census is needed to count an estimated 275 million sons I really wanted to come here to- the use of modern statistical methods, residents at 175 million addresses. No small night was to be able to express publicly that without this the undercount of task. my admiration to the gentlewoman urban and rural poor and minorities As Kenneth Prewitt, director of the Census from New York and my gratitude for will persist. Bureau, told Congress the other day: ‘‘Every the work that the gentlewoman has In fact, all of the real experts, the step, every operation, every procedure is on American Statistical Association, the a huge scale and is interdependent with done on this issue. It has really been an inspiration to me and a role model for National Association of Business every other step, operation and procedure.’’ Economists, the Association of Public At this eleventh hour, Republicans in Con- me as a new Member. gress are proposing legislation that seeks to There was a time in the history of Data Users, and on and on, the real ex- significantly change census methodology our Nation when certain individuals perts whose one and only interest is ac- and procedures, adding cost, confusion and, were not counted as whole people. Con- curacy endorse statistical methods as most critically, time to an already tight gress long ago rejected this kind of bla- the most accurate. schedule. Three specific provisions in the Re- I have to say that in light of the posi- tant discrimination, and every Member publican bills threaten the process. tive spirit my husband and I experi- today would, I know, assert his or her One would require the Census Bureau to enced last weekend in Hershey at our abhorrence of this practice. print forms in 33 languages instead of the six bipartisan retreat, this bill is a real But I fear, along with many of my already planned for. Those six languages ac- disappointment, and I am hoping that count for 99 percent of U.S. households. colleagues, that in a far more subtle the fact that it was taken off the cal- Using translators and community liaison but also fundamentally destructive endar for tomorrow is an indication workers, census planners already have tested proposal we are again jeopardizing the that perhaps there has been a change of and put in place procedures for reaching out full and fair counting of every Amer- not just to those who speak the 27 other lan- heart. It represents to me the reasons ican. guages Republicans want forms printed in, that citizens grow alienated from the but to 130 other language groups as well. To What is especially disturbing about political process. I see it as a clever add more foreign language forms at this late H.R. 472, which I was pleased to hear manipulation of the system, as cynical date would require new computing capacity, was removed from tomorrow’s cal- census mischief that just happens to optical scanners, renegotiation of printing endar, but what is especially disturbing hurt many vulnerable people. It makes contracts and a dozen other changes, making about the legislation is that it is care- an already difficult task more so. me sad, and I would hope that if this fully worded to take on the appearance bill does reach the floor, that my col- Republicans also want a post-census local of making the census more fair when review, in which 39,198 units of local govern- leagues on both sides of the aisle will ment would validate the bureau’s housing its actual intent and consequences are join me in voting ‘‘no’’. count block-by-block. That was tried in 1990 just the opposite. While H.R. 472 pur- Mrs. MALONEY of New York. Mr. and 1980 and, according to a Republican ports to double-check accuracy, its real Speaker, I thank the gentlewoman for former Census Bureau director, turned out to effect is to prevent the use of statis- her comments, and I would like to put be a logistical and public relations night- tical methods in the final census count. in the record an editorial from the Chi- mare. I come from a county, Cook County cago Tribune dated March 14 entitled: The last bad idea offered would require a in Illinois, in a district that has his- second mailing of the census questionnaire. ‘‘Not One Census, But Two,’’ and I Second mailings were tested during dress re- torically been undercounted for one quote from this, this particular edi- hearsals last year and resulted in 40 percent well-known and well-documented rea- torial. It ends by saying: duplicate responses, another wasteful and son. We have large populations of poor, ‘‘It has not escaped the notice of ei- time-consuming effort. minority and immigrant residents. ther party that the people who are The real Republican goal here seems obvi- These are the people who will dismissed in the old fashioned census tend ous: delay. That would make it harder for proportionately suffer from being to be the kind of people, poor, minor- the Census Bureau to perform the controver- undercounted. ity, urban, who generally vote Demo- sial post-census statistical surveys so crucial John Stroger, Jr., the great president to correcting for the expected undercount of cratic. But pretending they don’t exist poor and minority residents. The U.S. Su- of the Cook County Board of Commis- is not likely to work to the long-run preme Court has ruled that federal law bars sioners wrote, quote: advantage of the GOP. Now that they the use of corrected numbers to determine ‘‘Cook County is strongly opposed to have won on the apportionment, fair- how many congressional seats a state can H.R. 472. A recent study found that,’’ ness and political wisdom argue that

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.004 H23MR9 5352 CONGRESSIONAL RECORD—HOUSE March 23, 1999 Republicans should compromise on the ‘‘Improving the census should not be rate data, and we need to have accu- other census battle.’’ a partisan issue. It is not about poli- rate data in order to come forward Is that the gentlewoman from Illi- tics. It is about people. It is about with good policy. It is the basis, lit- nois’ hometown paper? making sure that every American real- erally the census is the basis of all de- So, Mr. Speaker, I would like to add ly, literally counts.’’ mographic information used by edu- this to the list of items that have been Mr. Speaker, he has indicated on sev- cators, policymakers, journalists and put in the RECORD: eral occasions publicly and in meet- community leaders. America relies on [From the Chicago Tribune, Mar. 14, 1999] ings, and really he told me himself census data absolutely every single day NOT ONE CENSUS BUT TWO once in a private conversation, that he to determine where to build more The decennial census of the population is would veto any vehicle that in any way roads, hospitals and child care centers. one of the most important tasks undertaken undermined an accurate count. So it is important that this data be ac- by the federal government—and one of the Unfortunately, Mr. Speaker, some of curate so that we have long-range, ac- hardest. A complete count is impossible, be- the articles that have appeared in Roll curate policies, that we really draw cause there are so many people in the United Call tend to speak of partisan politics upon on the information that is pro- States, some of them hard to find. Experts and goals, and I would like to put in vided by the census. say the last census missed about 4 million the RECORD the editorial from March 15 people, including 2.4 percent of those in Chi- We know that we have a problem. In cago. entitled: ‘‘Census Summit:’’ 1990 the census missed more than 8 mil- The Clinton administration wanted to ad- CENSUS SUMMIT lion people and double-counted more dress this problem by using statistical meth- Republicans and Democrats are at the than 4 million people. Poor people liv- ods known as ‘‘sampling’’ to arrive at esti- brink of a catastrophic war over the 2000 ing in cities and rural communities, mates of people who are omitted by the tra- Census. It’s time for a summit conference be- African-Americans and Latinos, immi- ditional head count. tween President Clinton and House Speaker grants and children were disproportion- But in January, the Supreme Court ruled Dennis Hastert (R–IL) to avert a partial ately undercounted, and in order to that federal law does not permit sampling shutdown of the federal government and, for purposes of congressional apportionment. even worse, a failed census that convinces correct these mistakes and in order to It’s not clear that, if obliged to decide, the the U.S. population that its government in correct the undercount, we really justices would conclude that the Constitu- Washington can’t even count. should leave the 2000 census in the tion does either. The issue over which the parties are fight- hand of the professionals at the Census The most noteworthy consequence of the ing, of course, is sampling—the use of mod- Bureau, allow the seasoned experts to verdict is that when it comes time to divvy ern polling techniques to estimate the hard- plan and conduct the most accurate up seats in Congress, some states may be est-to-reach 10th of the population. The Clin- census. The professionals at the Census shortchanged. That can’t be helped. What ton administration adamantly supports sam- Bureau are continuing their prepara- can be avoided is using a plainly faulty tab- pling, backed by ex-President George Bush’s ulation for other purposes. census director and the National Science tions to produce the most accurate The court held that sampling was forbid- Foundation, which called for it as a remedy census permitted under the law. Our den for apportionment. For all other pur- for serious undercounting in the 1990 Census. goal must be to support these profes- poses, though, it not only is permissible but Republicans adamantly oppose sampling, sionals using the most up-to-date, sci- may be required. So the administration contending that the constitutional mandate entific methods and the best tech- plans for the Census Bureau to come up with of an ‘‘actual enumeration’’ forbids sampling nology available. two numbers in 2000—one based on tradi- and fearing that the administration would tional door-to-door methods for parceling rig the count to cost the GOP House seats in I must say that all of the scientific out House seats and another using state-of- the post-2000 redistricting. community supports the Census Bu- the-art techniques for such purposes as dis- The Supreme Court might have resolved reau’s plan. Many leading Republicans tribution of federal money and state legisla- the conflict, but didn’t. It failed to rule on support it. My own Mayor Giuliani, tive redistricting. the constitutionality issue and rendered a who is a Republican, joined many of us That proposal is imperfect, but not as im- split decision on the 1976 census law—ban- who were opposed to the lawsuit that perfect as the alternative, which is to use ning sampling for purposes of apportioning was being brought by Speaker Gingrich the less accurate tally for everything. House seats among the states, but permit- to really stop the use of modern sci- Republicans object to spending any extra ting it for drawing districts within the states funds to supplement the conventional cen- and for dispensing federal grants. The Clin- entific methods. Dr. Barbara Bryant, sus, and warn the public will be confused. ton administration wants to proceed with a who is a Republican who served in the But it’s hard to see the sense in refusing to dual-track census, but Republicans are de- Bush administration, has testified allocate government aid in accordance with termined to block it. many times before the committee in where the intended beneficiaries actually It’s possible that the entire State, Com- support of modern scientific counts. are. merce and Justice departments could Mr. THOMPSON of Mississippi. Mr. Speak- The Constitution may bar the use of esti- shutdown on June 15 if no agreement on sam- mates when the sacred matter of voting is pling is reached. That’s because last year, in- er, I represent Mississippi’s Second Congres- involved, but that principle doesn’t apply stead of resolving their differences, Congress sional District. Based on per capita income, when it comes to social welfare programs. and the administration postponed their day the Second District is the 430th poorest Con- It has not escaped the notice of either of reckoning by funding the three depart- gressional District in the nation. Let me say party that the people who are missed in the ments for only part of this fiscal year. that again. Out of the 435 Congressional Dis- old-fashioned census tend to be the kind of As Roll Call reported last week, Hastert is tricts, the District I represent ranks 430 based people (poor, minority, urban) who generally preparing for war by assembling a strategy on per capita income. vote Democratic. But pretending they don’t team to devise ways of convincing the coun- exist is not likely to work to the long-run try that this shutdown—if it occurs—is Clin- I know this, Mr. Speaker, because the Cen- advantage of the GOP. Now that they’ve won ton’s fault, not that of the GOP. Meantime, sus Bureau extrapolated these statistics based on apportionment, fairness and political wis- on another front, the House Government Re- on the data they compiled during the 1990 dom argue that Republicans should com- form Committee is set to mark up legisla- Census. Economic, social, health, employ- promise on the other census battle. tion containing at least three provisions ment, housing, and other types of information It is very important that the 2000 that are likely to delay and complicate cen- crucial to knowing who populates not only our census be complete, and the Census Bu- sus-taking in the guise of improving the nation but our Congressional Districts can be count. derived from the enumeration of Americans reau will use modern scientific meth- One provision would require printing all ods, techniques that will provide an es- census forms in 34 languages instead of the taken every ten years. sential quality check on Census 2000 to planned six, an enormous logistical problem The census is important . . . extremely im- ensure a complete and accurate census. for the Census Bureau, which has made other portant. As Members of Congress, I think we The President of the United States plans for contacting persons speaking minor- can all probably agree on that statement. has spoken out in support of accuracy, ity languages. However, upon closer examination, the deli- and he has said, and I quote a state- Mr. Speaker, the census is not only cate balance we have managed to maintain ment he made on June 2 of 1998, and I about counting people and the distribu- begins to crumble. While Democrats admit- quote: tion of Federal funds, it is about accu- tedly want to count the urban and rural poor,

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00110 Fmt 0688 Sfmt 9920 E:\BR99\H23MR9.004 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5353 minorities, legal immigrants and children, Re- was the least accurate U.S. census this cen- With a waiver, Members of Congress, as publicans have publicly stated that an accu- tury. In 1990, over 800,000 Californians were well as a host of state and local officials will rate accounting of all Americans will jeop- not counted. Subsequent studies by the Cen- be able to recommend individuals in their ardize their ability to hold on to a majority in sus Bureau found that 17,153 individuals in communities that are thoroughly familiar with Congress. my own district went uncounted. The 1990 the territory they will survey, including hard to I argue that the Republicans have their pri- census is also known for having done a poor reach populations. And, of critical importance, orities mixed up. Counting Americans is what job of counting minorities. This deficiency was they will possess the sensitivity to deal effec- we are supposed to be doing here, not pro- also reflected in my district, where 63 percent tively with local populations, inclusive of ethnic tecting our political majority in Congress. What of those not counted were Hispanic. and racial minorities, who may be suspicious they apparently fail to realize is the impact an What good is a census if it doesn’t count of unknown government workers coming into inaccurate Census count has had on the pop- everyone? their communities. ulation of poor, rural and urban Congressional We need an accurate census so that federal The 2000 Census is fast upon us and unfor- Districts, including the one I represent. In funds and congressional seats can be fairly tunately the Supreme Court has already tied 1990, nearly 14,700 of my constituents were distributed among and within the states. When one hand behind our backs, making an accu- not counted, ironically placing my District near I was Mayor of the City of Norwalk, it was bla- rate count all but impossible. We in Congress the top of the list at number 75 out of many tantly clear how vitally important census fig- must not further hamper the Census Bureau in Congressional Districts that experienced ures were in determining my city’s access to conducting the best and fairest possible count. undercounts. Most of the people who were not much-needed federal dollars. Communities in I strongly urge the President to sign the waiver counted in my District were poor people, Afri- my direct, my state and around the nation, de- as soon as possible and for Congress to allow can-Americans, Latinos, immigrants and chil- pend on an accurate census to provide them the Census Bureau to use the most modern dren living in the city of Jackson, Bolivar with the dollars they deserve to support impor- statistical methods for determining how to dis- County, Madison County, Warren County, and tant education, health and infrastructure pro- perse federal funding and draw district bound- Washington County. grams. aries within states I am going to take a unique approach to this Therefore I supported, and continue to sup- Mrs. MALONEY of New York. Mr. issue. I am going to admit the reason un- port, the use of modern statistical methods to Speaker, I would just like to close by abashedly I want all of the people in Mis- produce the most accurate census possible. saying that we should let the profes- sissippi’s Second Congressional District count- Unfortunately, the Supreme Court took the po- sionals do their job. We should let ed is to increase the amount of federal funding sition that these modern methods cannot be them conduct an accurate count using received by the State of Mississippi. used for the reapportionment of congressional accurate scientific methods. We know Mr. Speaker, allow me to give you some ad- seats among the states—a decision that will what the last count gave us. It gave us ditional statistics. Of the fifty states, Mis- likely leave California without all the represen- an undercount that disproportionately sissippi ranks first in the percent of births to tation it deserves. hurt minorities and the poor and the But the Supreme Court decision did affirm unwed mothers, first in food stamp recipients, children, and we should not let that that these methods can be used in deter- first in infant mortality rates, last in state health happen again. We must correct it, and mining how to draw district lines and distribute rankings, fifth in percent of non-elderly popu- we have a plan that does that. We federal funds. I hope that we will be able to lation without health insurance, 41st in aver- should be supporting the professionals, use modern statistical methods for those pur- not trying to undermine their efforts age 8th grade math proficiency scores, 36th in poses. in getting the most accurate count pos- average 8th grade reading proficiency scores, I know that many of my colleagues on the sible. and 50th in per capita personal income. other side oppose the use of modern methods Once again, Mr. Speaker, I would like to re- for any purpose, and I am saddened that they f mind you that I represent the poorest Con- lack a commitment to producing the most ac- b 2215 gressional District in the second poorest state curate census possible. in the Nation. In some places in my District If we are not going to be able to use the ISSUES THAT DEFINE THE federal funds are the life’s blood of economic best methods recommended by our Census REPUBLICAN MAJORITY hope. Usually, the county tax base cannot Bureau, then let us move quickly to ensure The SPEAKER pro tempore. Under cover the many needs of the area’s residents. that the people who conduct the head count, the Speaker’s announced policy of Jan- The federal government has stepped in on nu- using old and out-dated methods will, at the uary 6, 1999, the gentleman from Colo- merous occasions and filled the financial gaps very least, have some of the tools needed to rado (Mr. SCHAFFER) is recognized for that would have otherwise increased our conduct a successful count. 60 minutes as the designee of the ma- state’s infant mortality rate, prevented the This is going to be the largest peacetime jority leader. basic educational needs of our children from mobilization in U.S. history—500,000 people Mr. SCHAFFER. Mr. Speaker, I want being met, and prevented Mississippians from will be hired all across the country for tem- to spend this evening’s Republican spe- building the vital infrastructure needed to sup- porary positions to count our population wher- cial order hour talking about a number port businesses and to provide jobs. ever they may be found. To ensure that their of issues that define our Republican When any segment of our population goes effort is a success, these census workers majority and what we are trying to ac- uncounted, it jeopardizes our chances to re- must be familiar with the areas in which they complish here in the United States ceive invaluable federal funding. Some of the will be working. This will help minimize the ex- Congress. I want to invite any of our programs that rely on population-related data pected undercount. conference members who may be moni- to allocate funds include: 1890 Land Grant Therefore, I am strongly urging the Presi- toring today’s proceedings and this Colleges, Water and Waste Water Disposal dent to sign a waiver, authorized by the 1978 special order to come down on the floor Systems for Rural Communities, Community Civil Service Reform Act, to allow the use of and join in this discussion if they have Development Block Grants, Juvenile Justice a supplemental, bipartisan political referral anything to add to it or to relate to the and Delinquency Prevention, Summers Jobs, system to fill the approximately 500,000 tem- rest of the Members of this great body. Education Block Grants, Head Start, and porary decennial census positions across the One of the topics that I wanted to many others that have specifically benefited nation. This will allow for local input into who discuss tonight is an effort by the ad- the District I represent. is chosen to run the census. It will ensure that ministration to greatly expand the per- The use of current statistical methods is the familiarity with the local area and the great di- centage of land in America that is only way to insure Mississippi receives the versity of our communities are critical factors owned and possessed by the govern- most accurate count possible. It is the only taken into consideration when hiring qualified ment as opposed to private landowners. way to guarantee that our respective constitu- people to conduct our census. I recently had a chance to go to Rus- ents receive their fair share of federal dollars. Both Presidents Carter and Bush signed sia with an 8-member delegation, the Mrs. NAPOLITANO. Mr. Speaker, I am here such waivers for the 1980 and 1990 Cen- purpose of which was to discuss na- today to make the case for an accurate year suses. This approach was determined to be a tional missile defense and the legisla- 2000 census. We must do what we can to very effective method in attracting qualified ap- tion that we just passed last week rel- avoid a repetition of the 1990 census, which plicants accustomed to dealing with the public. ative to establishing a missile defense

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.004 H23MR9 5354 CONGRESSIONAL RECORD—HOUSE March 23, 1999 policy. The absence of property rights thriving in the capable hands of Amer- iors, baby boomers and their children there captured my attention. ica’s farmers and ranchers will be re- can all count on retirement security In Russia, all land is owned by the linquished to the control of Federal without a cut in benefits or an increase government. Even since the fall of land managers with Washington, D.C. in taxes. Communism, Russian politicians have agendas. This is the first time since Congress failed to make the transition to private At a time when the agriculture econ- passed the Social Security Act back in land ownership, despite growing public omy is enduring record low commodity 1935 that 100 percent of the money fondness for this dramatic step. As prices, Congress should instead encour- going into that trust fund is being set more Russians exchange ideas with the age private land management through aside for retiring Americans. We, the rest of the world, they are collectively positive incentives and tax relief. In- Republicans, are putting the trust back coming to an obvious conclusion that deed, this is why I introduced the Fam- into the Social Security trust fund. government is a poor steward of the ily Farm Preservation Act in the 106th House Republicans plan to create what land. The sad irony is the propensity of Congress, to keep family farms and is called a safe deposit box, to put that our own Federal Government to ignore ranchers productive and in the family, money off-limits legally for the first so self-evident a truth. keep their ranches in the family. The time in more than 60 years. The Social The White House has proposed a vir- bill exempts family farms from the Security trust fund will no longer be a tual real estate spending spree involv- death tax when passed to succeeding slush fund for wasteful government ing the government snatching up pri- generations. spending. vate land faster than one can say Congress should address capital gains The Clinton-Gore plan only sets aside glasnost or perestroika. Well, perhaps and other tax burdens, reform the En- 62 percent of payroll revenues for reit is time for a little honesty, openness dangered Species Act and more aggres- tirement security over the next 10 and restructuring here at home, too. sively expand trade markets. These years, again, compared to 100 percent Westerners bristled during the State steps would enable America’s farmers that the Republicans are proposing. of the Union performance when the to continue providing open space and The White House proposal on Social President announced his land legacy the world’s safest and most efficient Security and Medicare totals only $1.68 initiative, a ten and a quarter billion food supply. In America, the right to trillion over the next 10 years com- dollar land grab. Remember, the Fed- liberty entails the right to hold prop- pared to $1.8 trillion proposed by Re- eral Government already owns 30 per- erty, especially land. publicans for retirement security on cent of all land in the United States American politicians and their Rus- both Social Security and Medicare. I and a staggering 50 percent of all land sian counterparts would do well to con- point out, Mr. Speaker, we accomplish in the west. sider John C. Freemont’s 1856 observa- this not by talking about proposals on Now add to the Federal estate, ex- tion that the valves upon which this the House Floor as we just heard a lit- panding land acquisitions by State and Nation rests are, quote, free soil, free tle while ago from our Democrat local government, and it is not hard to men and free speech; or we could all friends to grow the size of the Federal conclude that America’s destination is learn to speak Russian. Government, to spend more money, to the very point of Russia’s departure. Growing the size of the Federal Gov- enlarge the size of the Federal bureauc- The Clinton administration seems bent ernment is a general theme that more racy. We talk about just the opposite on breaking this bond between the than defines just the administration’s and we do so because allowing the rev- American people and the earth, the efforts on acquiring additional public enue that the Federal Government col- very stricture of President Teddy Roo- lands throughout America and restrict- lects to be set aside for real priorities sevelt’s 1902 Reclamation Act which ing the available lands for private own- matters more to us, real priorities like opened the door for water development, ership. Growing the size of the Federal saving Social Security and creating a irrigation and agriculture in the west. Government is really what divides both solvent Medicare program as well. The Federal Government is notori- sides of the aisle here in the United In the fiscal year 2000 alone, the ously ill-suited to manage the land it States Congress. President’s plan, their 62 percent plan, now holds, let alone more. For exam- We heard the previous Members en- sets aside only $85 billion. The Repub- ple, last year, the General Accounting gaged in a Democrat special order hour lican plan, again, sets aside 100 per- Office reported to Congress widespread on the House Floor this evening talk- cent, $137 billion. financial mismanagement, fraud, abuse ing about the United States census as Let me talk about how we accom- and so on, in the United States Forest though the Constitution as it relates to plish this because we do so within an Service. The Service could not even the census is somehow irrelevant but overall budget framework and a blue- identify how it spent $215 million of its what matters more is the amount of print to allow retirement security for operations and program funds. the public wealth that is redistributed three generations, and historic tax re- Similar abuses have been reported to the rest of the American people on lief. within the National Park Service, the basis of how one counts bodies. When the American public put the which spent $784,000 of taxpayer money That is a huge difference of vision in Republican Party in charge of Congress on the construction of a single out- what constitutes real freedom and real in 1995, the annual Federal deficit was house in Pennsylvania. The Park Serv- liberty as we head into the next cen- $175 billion and growing as far as the ice has built similar royal commodes tury. eye could see. In 1995, we promised the in Montana’s Glacier National Park, Our plan is something that is very, American people we would balance the and last year congressional hearings very different. It entails a bold agenda budget and reduce the Federal debt. In focused on the devastating impact of here on the floor of the House of Rep- 1997, we passed the balanced budget Federal land use policies on rural com- resentatives, to talk about smaller resolution and in 1998, just last year, munities. Testimony from county com- government, to talk about lower taxes, we balanced the Federal budget. This missioners documented how desig- to talk about reducing the Federal bur- was the first year the budget was in nating more Federal land erodes the den of regulatory law in the lives of balance since 1969, the year man first tax base for schools and other critical Americans on a daily basis. It is a pro- walked on the moon. services. freedom agenda, a pro-liberty agenda. We have begun paying down the $5.1 The Federal payment in lieu of taxes First and foremost in that agenda is trillion national debt. In 1998, we paid program designed to alleviate these our efforts to strength Social Security. the debt down by $51 billion, the first burdens does not work well, they said. The Republican budget proposal sets time in a generation a payment has Historically, America’s land policy has aside every penny of the $1.8 trillion been made on the Federal debt. always favored private property owner- surplus in the Social Security trust Just 4 years after being elected to ship but under the lands legacy initia- fund to provide retirement security to the majority, we expect Federal rev- tive, choice private lands currently three generations of Americans. Sen- enue surpluses as far as the eye can

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.004 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5355 see. With a strong economy, and the b 2230 next 5 years, and $800 billion; when we 1997 Balanced Budget Act, we expect I would like to ask Members to com- add all that up, $800 billion over a 10- over $130 billion in surpluses in the pare that with the White House plan on year period; once again, a dramatic dif- year 2000, and $2.6 trillion over the next retirement security. The White House ference between what the Democrats 10 years. plan, and again, I mentioned this ear- represent on the House Floor and what This is only possible, Mr. Speaker, if lier, only sets aside 62 percent of pay- the Republicans represent in the House we continue on our plan to shrink the roll revenues for retirement security of Representatives. size of the Federal Government, to over the next 10 years compared to the The second key element of our agen- slow the rate of growth in Federal 100 percent that the Republicans put da in Congress, particularly on the budgeting, to stand in the way of ef- aside. House side, is education flexibility, forts of our counterparts on the oppo- The President of the United States creating world class schools, schools site side of the aisle and their liberal himself just a few months ago stood that are second to none, and reclaim- friends down in the White House to right at the rostrum just in front of me ing our international prominence as a grow the size of the bureaucracy, to ex- and disclosed this plan as though it Nation of excellent educational insti- pand the scope of Federal regulation; were something the American people tutions. and instead leave a greater quantity of should celebrate. In fact, many Mem- We will give local schools and school the American people’s wealth back bers on the House floor rose to their districts more flexibility to spend edu- home where it belongs, in the hands feet in wild applause, suggesting that cation dollars as they see fit. More de- and in the pockets of those who work setting aside only 62 percent of the so- cisions will be made at the local level hard to earn it. cial security trust fund to save social where parents are involved, not here in By shrinking the size of the Federal security was somehow a good idea. I Washington, D.C.; again, a dramatic Government and by allowing the public think for a day or two the American departure from what we have seen rep- wealth to be reinvested into the econ- people may have actually bought it. resented through the U.S. Department omy and in the American people, we But as soon as the veneer was peeled of Education, under the leadership of allow for economic growth to occur at back on that plan that the President the White House, and a new, bold Re- greater rates so that lower tax rates put forward, economists and the Amer- publican agenda that moves forward in actually collect more revenue, not ican people in general realized that a way that honors parents as real cus- through higher tax percentages and what the President had done was the tomers, teachers as real professionals, higher tax rates but through a strong- same old Washington trick, the same administrators and school board mem- er, more vibrant economy, where pri- old ploy of political partisans here in bers as real leaders, and children as vate capital, private cash, is circulated Washington, D.C., and that is to dou- real Americans. over and over and over again to create ble-count imaginary money. Too often Federal education funds jobs, to create economic growth and in- On the Republican side, we are con- are tied to the special interests of vestments and other kinds of wealth vinced that the American people are Washington, not to the best interests and to allow our government to func- fed up and sick and tired of that kind of children and teachers. Schools can tion as our Founders once envisioned it of accounting, playing fast and loose teach our children more by cutting should. with their money. It is why we are so Washington’s red tape and spending completely devoted to the cause of our Federal education dollars where That is how we create a budget sur- walling off the social security trust the children need it, not where bureau- plus. That is how economists through- fund, keeping the Federal spenders’ crats 2,000 miles away say it should go. out the country have concluded that hands off of it, and preventing that so- The Ed-Flex program, for example, a under a plan of smaller Federal budg- cial security trust fund from ever being piece of legislation that we discussed eting and lower tax rates, we can ex- raided by this government again. We again on the floor today with respect pect a $2.6 trillion surplus over the want to set aside the full 100 percent, to some of the changes that the Senate next 10 years. That $2.6 trillion surplus and leave it in the account of the social made in a similar proposal, currently is comprised of two elements. One, the security trust fund for future genera- provides 12 States with the flexibility on-budget surplus of approximately tions. to wave certain Federal and State reg- $800 billion as a result of working The President’s proposal, the com- ulations. Americans paying Federal income bined proposal to strengthen both so- Now, this is important. It is impor- taxes and other revenues. Under the cial security and Medicare, totals only tant because every schoolchild, every budget plan, this 10-year surplus will $1.68 trillion over the next 10 years, administrator, every school board be returned to working Americans as compared to our plan of $1.8 trillion member, knows the agony of com- tax relief. proposed by the Republicans for retire- plying with the rules, the regulations, The second element, the off-budget ment security. That difference is a sig- the red tape handed down on high from surplus, comes from working Ameri- nificant one, and it is one that every Washington, D.C. to their local institu- cans paying payroll taxes into the So- senior, every baby boomer, and every tions. cial Security trust fund, money they baby boomer concerned about the re- The amount of Federal funds that go expect will be there for them when tirement prospects for their children to schools is relatively small, on the they retire. The payroll tax revenues should watch very closely. order of maybe 7 or 8 percent at the and interest total $1.8 trillion over 10 Let me add two more points. When it most in certain schools, usually 6 to 7 years. We are setting aside every penny comes to taxes, the White House has percent in the average school district of that surplus, the $1.8 trillion in the proposed a budget that raises taxes and around the country. But in exchange Social Security trust fund, to provide fees by $172 billion over the next 5 for that relatively small percentage of retirement security to three genera- years, which disproportionately affects Federal funds in an overall school tions of Americans: Seniors, baby agriculture, I might add, a number of budget, these administrators, teachers, boomers and their children, who we be- agricultural financial institutions, in- and school board members are faced lieve should be able to count on retire- surance funds, as well as many of the with an insurmountable burden of comment security without a cut in benefits supporting industries that farmers and plying with mountains of paperwork or an increase in taxes. ranchers rely upon; for example, herbi- that comes along with those dollars. I want to reiterate that this is the cide and pesticide manufacturers and We want to cut those strings. We first time since Congress passed the So- so on. want to cut that red tape. We want to cial Security Act in 1935 that every Now, the Republican tax cuts, our untangle the education quagmire that penny of money going to that trust proposal is for tax cuts between $10 bil- this Federal Government has created fund is being set aside for retiring lion and $15 billion this year, between across the country, and move forward Americans. $150 billion and $200 billion over the on an education agenda that is about

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.004 H23MR9 5356 CONGRESSIONAL RECORD—HOUSE March 23, 1999 the freedom to teach, the liberty to President nor the Democrats saw, but government lands, privately owned, to learn, treating parents like real cus- it limited the amount of money that government control. If they cannot tomers and teachers like real profes- went to the bureaucracy. We added and control it directly, they want to con- sionals. paid additional money to the Eisen- trol it with the endangered species, Mr. Speaker, I am joined by my good hower grants. We increased IDEA for they want to control it with OSHA, friend the gentleman from California, special education to the highest level they want to control it with EPA, and I yield to the gentleman from Cali- ever that was possible. As a matter of whatever. This is not the gentleman fornia (Mr. CUNNINGHAM) to add to the fact, I was the chairman that started from California (Mr. DUKE discussion. the IDEA program, along with the gen- CUNNINGHAM) speaking, but on the Web Mr. CUNNINGHAM. I was all the way tleman from Pennsylvania (Mr. BILL page what their 12-point agenda is. down to my boat on which I live, Mr. GOODLING), and when I was sub- Mr. SCHAFFER. If the gentleman Speaker, and I heard the gentleman committee chairman we enhanced and would yield for a question, I just want talk about private property in some of increased student loans by 50 percent to make sure I heard that correctly. He the agenda, so I put my tie back on, I by limiting the amount of bureaucracy. said there were how many Members? think I got it on straight, and I even I think the overall aspect of the dif- Mr. CUNNINGHAM. Fifty eight Mem- buttoned my tab. ferences, as the gentleman said it bers, Democrats, in the Progressive I want to thank the gentleman for right, we want to give people the free- Caucus that are listed under the Demo- holding this special order, because dom, instead of having government crat Socialists of America. Mr. SCHAFFER. They have allowed there are a couple of areas which I control their lives. their names to be used in that official want the gentleman to talk about. One, I had a committee hearing. We had 16 capacity? I heard the gentleman on the social se- different groups come in, and each of them had one of the best ideas in the Mr. CUNNINGHAM. Their leadership curity issue. The other is where the is by the gentleman from Vermont (Mr. President claims to put a percentage in whole world for education programs in their district. At the end of the hear- BERNIE SANDERS). He was elected as an Medicare, and actually draws out $9 Independent but is a practicing social- billion out of Medicare. ing, I asked which of the 16 had any one of the other 15 in their districts, and ist. It is scary. When we talk about double-using fig- Mr. SCHAFFER. I want to talk about not a single one. ures in a budget, and the President really the bright line that separates takes out $9 billion and then puts in I said, that is the whole point. What we want is to get you the money di- the kind of direction in government, money, and then takes money out of almost the kind of government that de- social security and then puts 62 percent rectly, let you decide what is good for your particular district, because there fines us as citizens in America by its in, and he takes those billions of dol- definition and by its action versus may be a difference from San Diego, lars and spends them on programs, what the gentleman and I stand for on where the Speaker is from, and Mary- then when it comes to our budget time the House Floor as members of the Re- land, or the gentleman from Colorado, he claims that we are cutting pro- publican Party, because with that line, and let the teachers, the families, and grams. many, many people are persuaded by the community make those kinds of First of all, we believe in maintain- the media and others that somehow we ing the caps. A balanced budget to us is decisions. Yet, the big government way would are all very similar around here; that very, very important. For those, it is Republicans and Democrats, there is be to take all 16 of them, spread them not. We will see in every single bill ex- very little difference among them. out, give very little money for them, Mr. CUNNINGHAM. Eighty-five per- cept for defense that our liberal col- and defuse all of them. That is what leagues over here will increase spend- cent of the media around here voted for has happened over the last 40 years Bill Clinton. ing, regardless of what the program is. here. They will pay for anything, a chicken Mr. SCHAFFER. Quite right. My In the field of education, we want to point is that with respect to education, in every pot. That is where our big dis- get the money to the classroom. There agreement is. for example, if we just use that exam- is a bureaucracy group here that wants ple for a moment, we agree in the In the field of education, I was chair- to keep it. I would ask the gentleman man of the Committee on K through 12 United States that there is a legiti- and I would ask the Speaker, I want to mate role for government to play in before I went on the Committee on Ap- Members to look up on the Web page, propriations. GAO said that for direct educating the American people; that and I will say it very slowly, utilizing public resources for the pur- lending programs, when it was capped www.dsausa.org. That stands for the at 10 percent, it cost $1 billion annu- pose of educating children, the poor, Democrat Socialists of America. the rich, and those in between, is a ally, $1 billion, not a million, just to In there, their socialist agenda is administer it out of the government. worthwhile public goal and objective. government control of private prop- Where we differ, however, is when it That was when it was capped at 10 per- erty, just as the gentleman spoke of, comes to the one-size-fits-all style of cent. It cost $4 billion to $5 billion to where the government owns over 50 rules and regulations that treat the collect because the Department of Edu- percent of the State where I belong, child in Washington, D.C. as though he cation did not have the collection California. Yet, they want to enhance is the same, as though he may live in funds. it even more. They want government- Colorado or perhaps even in California; The President wanted the direct controlled health care, they want gov- that across this great country, the lending program to go to 100 percent. I ernment control of education, they same bureaucrats apply the same rules absolutely fought tooth, hook, and nail want the unions to have power over in the same way to the same level of from doing that because of the waste, small business, because they support expense, and it results not only in an rather than letting it go to private. big government dominance. They want economic model that cannot succeed The government shut down at that to pay for it by increasing our taxes to and is doomed to failure from the be- time. That was one of the President’s the highest progressive tax ever, and ginning, but it robs the children of key points. We got blamed for it. But they want to pay for it also by cutting America of a rightful claim they have at the same time, our leadership said, defense by one-half. to a first rate education and freedom- Duke, we need to let this go to 40 per- In there is the Progressive Caucus. based schools, and schools that deploy cent. I said no, I want to zero, because There are 58 Democrat members in the the concept of liberty in providing a we can get more student loans out of Democrat Caucus that are poster chil- whole assortment of educational objec- the private sector at reduced cost, in- dren in the Web page for the Democrat tives inspired by competition. stead of having Uncle Sam here do it. socialists of America, 58 of them on my They negotiated, they let it go to 40 left side. b 2245 percent. They put in just a few lan- They want government control of That is something that is very dif- guage words in the bill that neither the health care. They want to tie up all the ferent between the two sides. That is

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00114 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.004 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5357 the bright line, I would suggest, that Gray Davis is trying to make some Mr. SCHAFFER. Mr. Speaker, it is separates the two parties. changes, the new Governor, Democrat, already soaked up by bureaucracy. If I am sure there are folks who are in California. I am doing everything I one wants a portion of one’s money monitoring today’s discussion here now can to help them both, because they back, then one has to play by our rules. who believe this is some kind of exag- are moving in the right direction of They are more than willing to have geration. But the gentleman is right, freeing up our schools, of making a one decline the rules in the program, there are individuals who primarily transition when, over 40 years, they because that just means they are able come from the opposite party who, on want to continue the same thing. to give one’s cash to somebody else and a daily basis, move forward on an agen- We are 20th of all the industrialized make them happy. da to consolidate the power of the peo- nations, Mr. Speaker, 20th in math and So that really is the fallacy that I ple in Washington, D.C., to empower science. California is last in literacy. think many on the liberal side of the bureaucrats at the expense of Amer- For example, the President wanted a aisle, the Democrat side, fail to see; ican people, and to establish these gi- new literacy program. Three billion and that is, this money does not belong gantic bureaucracies that provide re- dollars in the last budget. It sounds to the government. It did not originate wards for themselves politically at great when one is last in literacy. here in Washington, D.C. election time, but which are very, very There are 14 of them in the Department We are talking about the hard-earned different from the traditions that we of Education. Title I is one of those. We cash of the American people who work have established in America over the are saying let us eliminate 11 or 12 of hard every day to make ends meet, to 223 years since Independence Hall. them. put food on their table, to put a roof Mr. CUNNINGHAM. Mr. Speaker, if Let us focus, instead of authorizing over their head, to raise their children the gentleman will yield, look at the them here and funding them here, let in a country that they believe to be an historical voting pattern of some of my us fund the ones that work up here and honorable and noble place in all the colleagues on the other side. The Presi- get rid of all the bureaucracy, because world. That is who owns that money. dent, when they took the majority, one is paying the salaries, one is pay- That is where it comes from. The people in Washington take it tried to get government health care. ing the retirement, one is paying for from them and give it back and suggest Not a single Republican or Democrat the building, one is paying for the pa- that we are going to give it back with voted for it, it was so bad. perwork and the overhead; and that strings attached, and it just does not Throughout the years, they have cut keeps the money going down to the work. We are for moving authority out defense by almost half, and they still classroom. of Washington, D.C., empowering want to cut it even more. If we take a Mr. SCHAFFER. Mr. Speaker, re- States which have the rightful con- look at their control over the public claiming my time, the functional le- stitutional authority, by the way, to lands like the gentleman talks about, verage that the Federal Government manage public schools and to establish where over 30 percent in the country utilizes in many of these programs is school districts. and over 50 percent in the West is something the gentleman from Cali- I come to this microphone all the owned by the Federal Government, but, fornia referred to, or I guess the phrase time and defy my Democrat friends on yet, they want it expanded by more. he used earlier, and can be described in the other side of the aisle to show any If we go down to Maryland and Vir- the following way: the Federal Govern- reference in the Constitution to the ginia, we see expansive lands being ment describes these programs as vol- Federal Government’s authority to soaked into conservancies which basi- untary. manage local schools. I submit it is not cally locks hunters and fishers and If a school district or a State or an there. Not a single one has ever been ranchers out of the land. individual school wants to use the Fed- able to come to these microphones and Then we take a look at education, eral funds that are set aside for a par- show where the Constitution specifi- the direct lending program. We look at ticular program, then they have to cally enumerates authority to this why most of us were against Goals 2000. comply with the rules. But if they do Congress to manage local schools. Yet Send the money to a State. If they not want the rules, they do not have to we do it every day through these pseu- want to run in that local school dis- take the money. do voluntary programs which are noth- trict a Goals 2000 without all the re- Now the fallacy of that is the origin ing more than Federal blackmail. porting, then that is fine. But then of the money, because the money is Mr. CUNNINGHAM. Mr. Speaker, if even under Goals 2000 what happened, confiscated from taxpayers back in the the gentleman will yield, let me give how they changed it when the Demo- gentleman’s home State and my home my colleagues another point. The crats took control, there were 14 State of Colorado. We just have to vis- President, when the gentleman was ‘‘wills’’ in there. Under legal terms, ualize this. talking about taxes, I thought the ‘‘will’’ means you must. They said it If we had to draw it out on a flow- height of conceit was the President was only voluntary. It is only vol- chart and look at it on an organiza- first, when we wanted to give tax untary if one wants the money. tional chart or a map, the Federal Gov- breaks back, called the American peo- Then they tied other grants that say, ernment taxes the income of the Amer- ple selfish if they wanted their tax for example, if one did not have Goals ican people back home in our home money back. 2000, one did not have all these other States. That money comes back here to Just 3 months ago, the President, voluntary grants, one never qualified the Federal Government. It comes to when he heard we were going to give for these other grants. us as policy makers in a budget in an tax relief to working families, said I heard the gentleman say that Fed- appropriations process. We approve that he is opposed to giving money eral dollars only accounted for 7 per- that money for the Federal Govern- back to working families because cent. But that 7 percent, with all those ment, for the Clinton administration. ‘‘they may not know how to spend it rules and regulations, controls a large That fund has grown over the years. wisely.’’ That implies government percentage of the State money. They take that money, which right- knows how to do it better. I just to- IDEA is a classic example of how it is fully belongs to the people, back home tally disagree with that. It is not their destroying and trial lawyers are de- in our States and say, ‘‘if you want it money. It is the people’s money that stroying the public education system back, then you have to accept these send it here in the first place, and we through establishing cottage organiza- rules. But you do not have to get the should give it back. tions. Talk to Alan Burson. He was a money back.’’ Mr. SCHAFFER. Mr. Speaker, it was former Clinton appointee, now the su- Mr. CUNNINGHAM. Oh, and by the not government that created a great perintendent of schools. He said his way, Mr. Speaker, we are only going to country in America. It was always biggest trouble is with trial lawyers give them 50 cents on the dollar be- faith and belief in the American peo- and the unions trying to progress the cause the other 50 cents funds the bu- ple, the ingenuity of the American in- California schools. reaucracy. dividual, and the abundant spirit of

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those early pioneers and colonists and CUNNINGHAM), my colleague that we gentleman from Michigan maybe to so on that defined our country as dif- miss on the Committee on Education discuss a little further, the Ed-Flex ferent than the rest of the world. and the Workforce but who is now on concept is one of essentially turning It is an interesting thing that we the Committee on Appropriations. We those dollars that we talked about ear- often do not get a chance to consider actually have a great partnership in lier back to the States with fewer too often here on the floor except for making sure that the dollars that we strings, fewer regulations attached. We perhaps in these special orders, but in spend here in Washington actually get are, perhaps, not to the point that the Declaration of Independence, it was down to the local level. some Americans would hope we are at laid out very differently than the rest The gentleman from Colorado (Mr. where we could just leave that cash of the world had experienced up until SCHAFFER) and myself have had the op- back at home in the States’ pockets that time, where we held certain truths portunity to go around the country, and let the States distribute these dol- to be self-evident, that we are all cre- and we have been in 16 different States, lars directly without having them fun- ated equal and that we are all endowed we have been in the district of the gen- neled through Washington and turn by God with certain inalienable rights. tleman from Colorado (Mr. SCHAFFER), around and go back home to the This is different than what the people we have been in my district, where we States. But it is, it does signal a new of England had known, and it is dif- have built a record of the good things direction. ferent than, frankly, anywhere in Eu- that are happening in education. There Trying to accomplish things in this rope had ever acknowledged or any are a lot of good things that are hap- body is sometimes like steering a other great political civilization up to pening in education. barge. It takes a long time to make the that time. For them, power always As we have been in Colorado, as we turn. But it does signal, the Ed-Flex came from the government, and it was have been in Michigan, as we have been bill that we voted on today, the con- distributed to the people usually based in California, Ohio, Illinois, Mil- ference report, it does signal a new di- on a system of favoritism of sorts. waukee, New York, we have been in rection in where the Republican is tak- But we decided it was very different Kentucky, the thing that we have seen ing the country with respect to edu- here, that the people ultimately run consistently is that education excels cation, realizing that States, school the country. The gentleman from Cali- when people at the local level are given board members, State legislators, Gov- fornia and I, as individuals, not Mem- the freedom and the latitude to take ernors, teachers, principals, adminis- bers of Congress, but as individual citi- the money that we give them, and they trators of all sorts have better ideas zens back home have a tremendous all come back and they say ‘‘your dol- than we do here in Washington, better amount of authority that is loaned to lars are critical, and they help us do ideas than the administration does in representatives at election time. some things that we might otherwise the Department of Education. Mr. CUNNINGHAM. Mr. Speaker, not be able to do,’’ but they say, ‘‘get We can get these dollars directly to will the gentleman yield for just a sec- the dollars down here, but then let us kids in a way that helps those children ond? have the flexibility.’’ without encumbering those dollars and Mr. SCHAFFER. Certainly I yield to As the gentleman said, all these pro- stealing them and having them lost in the gentleman. grams do not go to K through 12, the this mountain of bureaucracy back Mr. CUNNINGHAM. Mr. Speaker, I 760 programs. Some of them have noth- here in Washington. It is a new direc- see we have been joined by the gen- ing to do with K through 12 or higher tion and an exciting one. tleman from Michigan (Mr. HOEKSTRA), ed. But we think that there is well over Mr. Speaker, I yield to the gentleman a member of the Committee on Edu- 500 programs that do go to K through from California (Mr. CUNNINGHAM). cation and the Workforce. I used to 12 or higher ed. Each one of these are b 2300 serve on the committee with the gen- the funding stream. We call it a funnel tleman from Michigan (Mr. HOEKSTRA) or a silo. Each silo comes with a whole Mr. CUNNINGHAM. I know that who is chairman of the Subcommittee series of rules and regulations and ap- firsthand, not secondhand. My wife is on Oversight and Investigations. plications. Once one gets the money, the Director of Administration at The gentleman from Michigan (Mr. one has got to report back. Then one is Encinitas Union School Districts in the HOEKSTRA), along with GAO, the Presi- audited. State of California; my sister-in-law is dent’s own department, identified 760 That is why, like the gentleman indi- the director for all special education Federal education programs that take cated, we believe that, when the Amer- for all San Diego City schools under away, which is the reason we get less ican people send a dollar to Wash- Alan Burson, who I just spoke about. than half of every dollar down to edu- ington for education, somewhere be- But charter schools were an initia- cation. tween 60 cents or 70 cents, maybe as tive to try to do that same thing, to I hope the gentleman from Colorado low as 50 cents, only 50 cents gets into take away some of the rules and bu- (Mr. SCHAFFER) will yield to the gen- a local classroom and an immediate reaucracy. The National Education As- tleman from Michigan (Mr. HOEKSTRA), impact to a child. Fifty cents, 60 cents sociation fought us tooth, hook and because I think, of all of the people in gets lost in the bureaucracy. It gets nail against charter schools when they this body, as far as seeing the waste lost in the red tape. started, and Governor Wilson really and fraud that goes on in education We just appointed the conference pushed those in the State of California, from the Federal Government, the gen- committee today on Ed-Flex, which is and they have been successful. tleman from Michigan (Mr. HOEKSTRA) intended to eliminate some of the bu- Another freedom that we would like has been there to find it out. reaucracy, some of the red tape, and to use is, and the President talked Mr. SCHAFFER. Mr. Speaker, it is allow local school districts to make about our welfare reform bill, which he my great pleasure to yield to the gen- the decisions for the kids in their class- vetoed twice and he finally signed it, tleman from Michigan (Mr. HOEKSTRA). rooms. but we have less than half of welfare Mr. HOEKSTRA. Mr. Chairman, I I think it is a real step forward and a recipients on the roll now than we had thank the gentleman and apologize for real opportunity and one that I hope before. Instead of the taxpayers having being a little late. I had the oppor- we can build on through this Congress. to pay out billions of dollars for wel- tunity to listen to some of the gentle- Ed-Flex is only the beginning of a proc- fare recipients, which the average was man’s discussion on education. I think ess of not eliminating Federal involve- 16 years on welfare, that is how bad it he was talking about land use earlier. ment, but really recognizing where the was, now those people are working, I thought it would be helpful for me power and this partnership is. The pridefully working, their children have to come and participate only so that I power and the partnership is at the a chance in society, and they are pay- can in some ways learn from the gen- local level. ing into the revenue stream. And guess tleman from Colorado (Mr. SCHAFFER) Mr. SCHAFFER. Mr. Speaker, re- what? The States, the governors, who and the gentleman from California (Mr. claiming my time, I would like the do not have the flexibility right now,

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00116 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.004 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5359 since they have one-half the welfare going to take this money and use it for have saved millions of dollars for rolls and they have the dollars, they addressing some of the needs in our waiving Davis-Bacon for school con- cannot take those welfare dollars and special ed program or are we going to struction here because the schools were apply them to education. We want to use it to reduce class size? Let the peo- falling apart. allow the States to use that, the gov- ple at the local level decide. What I am going to do is offer an ernors, to take that money and use it We won a skirmish in that process of amendment. The President wants for education. moving the money and the decision- school construction. If he really wants I think those kinds of initiatives are making back to the local level, but to help the children, let us waive going to improve our education sys- there are many here who believe that Davis-Bacon for school construction. tem; freeing up the States to allow we know best what needs to go on in Let the schools on the local level save them to do these things without the the local school districts. I have this the 35 percent and let them decide if red tape from Washington, D.C. litany that says we have a group of they need more teachers, or if they Mr. HOEKSTRA. If the gentleman people here in Washington who believe need more school construction, of if will further yield, we are shifting the that Washington ought to build our they need money for special education. barge, but there are powerful currents schools, hire our teachers, develop the Give them the freedom. that are trying to put us back on the curriculum, test our kids, buy tech- Do my colleagues think the unions track that we have been in for the last nology, teach them about the arts, and the trial lawyers are going to sup- 15 years. teach them about sex, teach them port that? No. They will tell everyone Take a look at the debate we had on about drugs, feed them lunch, feed they are for the children, but when it the floor of the House here today. In them breakfast, provide them with an comes down to it, they will support the the Senate, on Ed-Flex, they added a after-school snack and have midnight unions and the trial lawyers over the very simple amendment. They said for basketball. But other than that, it is children, and that is what is upsetting those school districts, or for the school their local school. about this. We want people to do it. districts that are getting money for re- Mr. CUNNINGHAM. If the gentleman They want to waste the money here ducing class size, for hiring additional will continue to yield to me for two through bureaucracy and they want to teachers, there is another mandate out quick examples. I want to give two waste it through unions and they want there from the Federal Government, quick examples in the way Federal reg- to waste it through trial lawyers that which is funding for children with spe- ulations take the money away from the take away the money we give to the cial needs. We promised local school schools. schools. First of all, the IDEA program. We districts in the State, we did not, I do Mr. HOEKSTRA. I think we need to could put in more money. We could put not think any of us were here when take the same kind of fresh approach the 40 percent. But according to Alan that mandate went through, but Wash- on education that we took on welfare. ington said we will cover 40 percent of Burson, a Clinton appointee, now the In the welfare debate, if my col- that cost for these children with spe- superintendent of San Diego City leagues will remember, the governors cial needs. That is a priority for us in schools, he said the trial lawyers are came to us and said we have plans and Washington. We are going to mandate eating up the money that we are giving ideas to help those people who are on that the States do it and we will pick special education and we are losing welfare, but we have to go to Health up 40 percent of the cost. good teachers because they are having Last year, we had a record percent- to go to the courts. They are not law- and Human Services and we have to age that we cover the cost. We were all yers, but they are being forced out of ask for waivers. We have plans that are the way up to, what, 11, maybe 12 per- special education. Teachers that just approved by our State legislature, a lot cent? Somewhere between 11 and 12 want to help kids. of times in a bipartisan way. The exec- percent. The second is that we had a bill that utive in the State has agreed to it, and Mr. CUNNINGHAM. The highest in offered construction companies a tax we come here to Washington and we over 30 years. incentive for school construction. The have a bureaucrat who says, no, we Mr. HOEKSTRA. The highest in over President vetoed that. We talk about cannot do that. 30 years. And all they did in the Senate smoke and mirrors, and they say, well, Now, I have to say, wait a minute, was, on the teacher funding, we know we are for the children. I asked them in who do we think is going to take better there is a tremendous burden on the the D.C. bill and also in the President’s care of the people in our States, those local school for special ed, so we will bill. He wants construction. He wants who are elected and serving in that give them the flexibility of either hir- the Federal dollars to pay for it, not State legislature or in the Governor’s ing teachers, because maybe they have local dollars or tax breaks, because mansion or some bureaucrat here in already taken care of the class size then it falls under Davis-Bacon. The Washington? issue, or they are struggling with a union wage. That costs 35 percent more We really need to do the same kind of couple of different priorities. But rath- than letting private contractors do it. thing on education, where there are er than Washington coming in and say- Mr. HOEKSTRA. If the gentleman governors that are coming here and ing they can only use the money for will yield only so that we can explain they are saying we get 7 to 10 percent teachers, they wanted to say they can what Davis-Bacon is. Davis-Bacon of our money from Washington and we use the money for teachers or they can means that there are bureaucrats here get 50 percent of our paperwork, all of use the money for their special ed pro- in the Labor Department who send out our rules and regulations, from Wash- gram. forms all around the country and say ington. We have some States that are And we had a fairly spirited debate that in Detroit the prevailing wage for experimenting with one form of charter here on the floor of the House with one an asphalt layer is X amount of dol- schools, others are experimenting with group saying hiring teachers is exactly lars, and in Holland, Michigan, where I scholarships to students or tax credits what they should do with that money am from, it is X amount of dollars. And for extra instructional assistance, and and they should not be able to use it then if the school builds a project using they say we have great ideas that are for anything else. Luckily, we pre- even $1 dollar of Federal money, they having an impact, but the Federal Gov- vailed today in saying they have the have to pay these ‘‘prevailing wages’’. ernment is holding us back from what flexibility of using it for teachers or They are inflated wages. we really think will help our kids. using it for special ed so that the local I believe that the average age of one So we need to bring the same kind of school district can make that decision. of these surveys is 7 years old. I mean fresh thinking to reforming education I would think that local administra- it is not even up-to-date data. or the education monster here in Wash- tors, a local school board with parental Mr. CUNNINGHAM. The point that is ington so that we can actually go out involvement, is better equipped to important is that it is an inflated and effectively help children at the make that very basic decision: Are we wage. In Washington, D.C. we could local level.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00117 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.004 H23MR9 5360 CONGRESSIONAL RECORD—HOUSE March 23, 1999 b 2310 leagues to remember this. It is called Ms. WOOLSEY, for 5 minutes, today. I think we are on our way to begin best schools in military. B is for bal- Ms. MILLENDER-MCDONALD, for 5 min- that process, but we do definitely have anced budget. E is for education re- utes, today. a significant way to go. form. S is for saving Social Security. T Mrs. CAPPS, for 5 minutes, today. Mr. SCHAFFER. I would like to is for tax relief. Schools, different from Mr. BERRY, for 5 minutes, today. point out, my colleague mentioned the education, is the infrastructure in Ms. DELAURO, for 5 minutes, today. welfare model as a perfect example of schools construction to get the money Mrs. NAPOLITANO, for 5 minutes, what we can anticipate by focusing on there to do that. And military is to today. a decentralized strong State approach beef up, which we have not talked (The following Members (at the re- to education reform. Again, using wel- about, which is in sad shape and emer- quest of Mr. THUNE) to revise and ex- fare as a model, just even a year or so gency shape. It is our defense. Those tend their remarks and include extra- after the Welfare Reform Bill was are the agenda items that we are going neous material:) passed, we saw headlines like these to focus on in this next Congress. Mr. CALVERT, for 5 minutes, today. that I saved from Colorado: ‘‘Welfare Mr. SCHAFFER. Mr. Speaker, I once Mr. SCARBOROUGH, for 5 minutes each Rolls Dropped 25 Percent.’’ That was in again want to reemphasize the general day, today and on March 24. one year. Welfare rolls have now theme that we have spoken about to- Mr. DIAZ-BALART, for 5 minutes each dropped 43 percent in 18 months. night, whether it was the opening re- day, today and on March 24. Mr. HOEKSTRA. If the gentleman marks I had made about property Mr. MORAN of Kansas, for 5 minutes would continue to yield, would it not rights or discussion about Social Secu- each day, today and on March 25. be great if we did education reform and rity, balancing the budget, tax reform, Mr. KASICH, for 5 minutes, today. we started reading headlines that said, fixing our schools, or even providing a Mr. WELDON of Pennsylvania, for 5 test scores improve by 25 percent, math national defense, which is something minutes, today. and science scores up by 25 percent? we did not discuss much tonight. Mrs. ROUKEMA, for 5 minutes each Mr. SCHAFFER. That was my point But that is the focus of a Republican day, today and on March 24. exactly. 6,730 fewer families on welfare. party who has taken the majority here Mr. DEAL of Georgia, for 5 minutes, This was in Colorado. And this was just since 1995 and moving forward boldly in today. 12 months after the Welfare Reform an effort to get our Government back Mr. WATKINS, for 5 minutes, today. Bill pass. ‘‘Workers Coming Off Welfare to its constitutional authority, to Mr. ENGLISH, for 5 minutes, on March to Get Job Help’’ is another of head- move authority out of Washington, 24. line. D.C., return authority back to the Mrs. KELLY, for 5 minutes, today. I just use these as examples. Because States and to the people ultimately, to Mr. SESSIONS, for 5 minutes, on what we saw is, when the Congress talk about strategies to decentralize March 24. moved authority out of Washington education bureaucracy and move real Mr. LEACH, for 5 minutes, today. with respect to welfare, put governors decision-making back to our parents Mr. BOEHLERT, for 5 minutes on and state legislators in charge to apply and school board members and admin- March 24. local values, local solutions to local istrators. Mr. THUNE, for 5 minutes, today. problems, we saw welfare numbers drop In the end, that is the truest expres- f dramatically throughout the country, sion of compassion and a caring, hu- ADJOURNMENT about a 35 percent reduction in the wel- manitarian, conservative agenda that Mr. CUNNINGHAM. Mr. Speaker, I fare case load nationwide, 43 percent in we stand for here on the House floor, to move that the House do now adjourn. Colorado. treat families as though they matter, The motion was agreed to; accord- I again use that as an example to to treat children like real Americans, ingly (at 11 o’clock and 15 minutes show that freedom works, that liber- and treat teachers like real profes- p.m.), the House adjourned until to- ating States works. And we can see our sionals. morrow, Wednesday, March 24, 1999, at low test scores come up if we give f 10 a.m. States the authority to help them LEAVE OF ABSENCE come up. We can see crime in schools f and discipline problems in schools be By unanimous consent, leave of ab- EXECUTIVE COMMUNICATIONS, reduced if we give local authorities the sence was granted to: ETC. ability to create and design programs Mr. STUPAK (at the request of Mr. GEPHARDT) for today and the balance of Under clause 8 of rule XII, executive that they know will work locally. communications were taken from the Mr. HOEKSTRA. I want to play off the week on account of family busi- Speaker’s table and referred as follows: the welfare thing, because as we are ness. doing welfare correctly and improving f 1206. A letter from the Chief, Forest Serv- ice, Department of Agriculture, transmitting the system, I really want the gen- SPECIAL ORDERS GRANTED the Department’s final rule—Administration tleman from California (Mr. By unanimous consent, permission to of the Forest Development Transportation CUNNINGHAM) to reinforce the point address the House, following the legis- System: Temporary Suspension of Road Con- that he made earlier that says, as we struction and Reconstruction in Unroaded lative program and any special orders are reducing the amount of money that Areas (0596–AB68) received February 22, 1999, heretofore entered, was granted to: we are spending in welfare, maybe we pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (The following Members (at the re- are freeing up some of that money so mittee on Agriculture. quest of Mr. PALLONE) to revise and ex- that it can be used on education. 1207. A letter from the Director, Office of tend their remarks and include extra- Regulatory Management and Information, Mr. CUNNINGHAM. Mr. Speaker, I neous material:) Environmental Protection Agency, transmit- would. And not a single one of the Mr. BROWN of Ohio, for 5 minutes, ting the Agency’s final rule—Oxirane, meth- Members that I spoke about on that today. yl-, polymer with oxirane, mono [2-(2- DSAUSA.org and the 58 Members that Mr. FILNER, for 5 minutes, today. butoxyethoxy) ethyl]ether; Exemption from the Requirement of a Tolerance [OPP–300793; are listed in that in the progressive Mr. UDALL of New Mexico, for 5 min- caucus, not a single one of them voted FRL–6059–4] (RIN: 2070–AB78) received March utes, today. 3, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to for the balanced budget. Not a single Ms. BERKLEY, for 5 minutes, today. one of them voted for welfare reform. the Committee on Agriculture. Mr. RODRIGUEZ, for 5 minutes, today. 1208. A letter from the Director, Federal They all voted against tax relief. And Mrs. CLAYTON, for 5 minutes, today. Emergency Management Agency, transmit- that is their agenda. Mr. LIPINSKI, for 5 minutes, today. ting a draft of proposed legislation to amend Mr. Speaker, this is an easy way to Mr. PALLONE, for 5 minutes, today. the National Flood Insurance Act of 1968 to remember what we are going to do over Mr. GREEN of Texas, for 5 minutes, reduce losses to properties that have sus- the next 2 years, and I want my col- today. tained flood damage on multiple occasions;

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00118 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.004 H23MR9 March 23, 1999 CONGRESSIONAL RECORD—HOUSE 5361 to the Committee on Banking and Financial 1219. A letter from the Executive Director, mittee on Transportation and Infrastruc- Services. The American Battle Monuments Commis- ture. 1209. A letter from the Assistant General sion, transmitting a draft of proposed legis- 1228. A letter from the Program Analyst, Counsel for Regulatory Services, Depart- lation to facilitate fund raising for the con- Office of the Chief Counsel, Department of ment of Education, transmitting the Depart- struction of a memorial to honor members of Transportation, transmitting the Depart- ment’s final rule—Graduate Assistance in the Armed Forces who served in World War ment’s final rule—Airworthiness Directives; Areas of National Need—received March 15, II and commemorate United States partici- Boeing Model 757–200 Series Airplanes [Dock- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the pation in that conflict and related matters; et No. 98–NM–238–AD; Amendment 39–11052; Committee on Education and the Workforce. to the Committee on Resources. AD 99–05–03] (RIN: 2120–AA64) received March 1210. A letter from the Director, Office of 1220. A letter from the Secretary, Federal 4, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to Regulatory Management and Information, Trade Commission, transmitting the Com- the Committee on Transportation and Infra- Environmental Protection Agency, transmit- mission’s Twenty-First Annual Report to structure. ting the Agency’s final rule—Protection of Congress pursuant to section 7A of the Clay- 1229. A letter from the Program Analyst, Stratospheric Ozone; Listing of Substitutes ton Act, pursuant to 15 U.S.C. 18a(j); to the Office fo the Cheif Counsel, Department of for Ozone-Depleting Substances [FRL–6237–5] Committee on the Judiciary. Transportation, transmitting the Depart- (RIN: 2660–AG12) received March 3, 1999, pur- 1221. A letter from the Program Analyst, ment’s final rule—Airworthiness Directives; suant to 5 U.S.C. 801(a)(1)(A); to the Com- Office of the Chief Counsel, Department of Boeing Model 747 Series Airplanes [Docket mittee on Commerce. Transportation, transmitting the Depart- No. 97–NM–254–AD; Amendment 39–11051; AD 1211. A letter from the Director, Regula- ment’s final rule—Airworthiness Directives; 99–05–02] (RIN: 2120–AA64) received March 4, tion Policy and Management Staff, Food and Boeing Model 747 Series Airplanes [Docket 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Drug Administration, transmitting the Ad- No. 98–NM–76–AD; Amendment 39–11054; AD Committee on Transportation and Infra- ministration’s final rule—Ear, Nose, and 99–05–06] (RIN: 2120–AA64) received March 4, structure. 1230. A letter from the Program Analyst, Throat Devices; Classification of the Nasal 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Office of the Chief Counsel, Department of Dilator, the Intranasal Splint, and the Bone Committee on Transportation and Infra- Transportation, transmitting the Depart- Particle Collector [Docket No. 98N–0249] re- structure. ment’s final rule—Airworthiness Directives; ceived March 15, 1999, pursuant to 5 U.S.C. 1222. A letter from the Program Analyst, British Aerospace Jetstream Model 3101 Air- 801(a)(1)(A); to the Committee on Commerce. Office of the Chief Counsel, Department of planes [Docket No. 98–CE–100–AD; Amend- 1212. A letter from the Director, Regula- Transportation, transmitting the Depart- ment 39–10974; AD 99–01–07] (RIN: 2120–AA64) tions Policy and Management Staff, Food ment’s final rule—Airworthiness Directives; received March 4, 1999, pursuant to 5 U.S.C. and Drug Administration, transmitting the Bell Helicopter Textron, Inc. Model 214B and 801(a)(1)(A); to the Committee on Transpor- Administration’s final rule—Indirect Food 214B–1 Helicopters [Docket No. 94–SW–23–AD; tation and Infrastructure. Additives: Polymers [Docket No. 97F–0412] Amendment 39–11055; AD 99–05–07] (RIN: 2120– received March 15, 1999, pursuant to 5 U.S.C. 1231. A letter from the Program Analyst, AA64) received March 4, 1999, pursuant to 5 Office of the Chief Counsel, Department of 801(a)(1)(A); to the Committee on Commerce. U.S.C. 801(a)(1)(A); to the Committee on 1213. A letter from the Secretary of Trans- Transportation, transmitting the Depart- Transportation and Infrastructure. portation, transmitting the Department’s ment’s final rule—Airworthiness Directives; 1223. A letter from the Program Analyst, Fiscal Year 1998 Annual Report to Congress British Aerospace Jetstream Model 3101 Air- Office of the Chief Counsel, Department of on progress in conducting environmental re- planes [Docket No. 98–CE–99–AD; Amend- Transportation, transmitting the Depart- medial action at federally owned or operated ment 39–10973; AD 99–01–06] (RIN: 2120–AA64) ment’s final rule—Standard Instrument Ap- facilities, pursuant to Public Law 99–499, sec- received March 4, 1999, pursuant to 5 U.S.C. proach Procedures; Miscellaneous Amend- tion 120(e)(5) (100 Stat. 1669); to the Com- 801(a)(1)(A); to the Committee on Transpor- ments [Docket No. 29474; Amdt. No. 1917] re- mittee on Commerce. tation and Infrastructure. 1214. A letter from the Chief Financial Offi- ceived March 4, 1999, pursuant to 5 U.S.C. 1232. A letter from the Program Analyst, cer, Export-Import Bank of the United 801(a)(1)(A); to the Committee on Transpor- Office of the Chief Counsel, Department of States, transmitting the annual report to tation and Infrastructure. Transportation, transmitting the Depart- Congress on the operations of the Export-Im- 1224. A letter from the Program Analyst, ment’s final rule—Airworthiness Directives; port Bank of the United States for Fiscal Office of the Chief Counsel, Department of Eurocopter France Model SA. 315B, SA. 316B, Year 1998, pursuant to 12 U.S.C. 635g(a); to Transportation, transmitting the Depart- SA. 316C, SA. 319B, and SE. 3160 Helicopters the Committee on Government Reform. ment’s final rule—Standard Instrument Ap- [Docket No. 97–SW–14–AD; Amendment 39– 1215. A letter from the Director, Office of proach Procedures; Miscellaneous Amend- 11062; AD 99–05–14] (RIN: 2120–AA64) received Surface Mining, Department of the Interior, ments [Docket No. 29475; Amdt. No. 1918] re- March 4, 1999, pursuant to 5 U.S.C. transmitting the Department’s final rule— ceived March 4, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- Indiana Regulatory Program [SPATS No. 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. IN–144–FOR] received March 1,1999, pursuant tation and Infrastructure. 1233. A letter from the Program Support to 5 U.S.C. 801(a)(1)(A); to the Committee on 1225. A letter from the Program Analyst, Specialist, Aircraft Certification Service, Resources. Office of the Chief Counsel, Department of Department of Transportation, transmitting 1216. A letter from the Assistant Secretary Transportation, transmitting the Depart- the Department’s final rule—Airworthiness for Fish and Wildlife and Parks, Department ment’s final rule—Airworthiness Directives; Directives; McDonnell Douglas Model DC–9– of Interior, transmitting the Department’s International Aero Engines AG (IAE) V2500– 80 Series Airplanes and Model MD–88 Air- final rule—Procedures for State, Tribal, and A1 Series Turbofan Engines [Docket No. 98– planes [Docket No. 97–NM–292–AD; Amend- Local Government Historic Preservation ANE–76–AD; Amendment 39–11053; AD 99–05– ment 39–11077; AD 99–06–13] (RIN: 2120–AA64) Programs (RIN: 1024–AC44) received March 9, 05] (RIN: 2120–AA64) received March 4, 1999, received March 22, 1999, pursuant to 5 U.S.C. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- Committee on Resources. mittee on Transportation and Infrastruc- tation and Infrastructure. 1217. A letter from the Acting Assistant ture. 1234. A letter from the Program Support Administrator for Fisheries, National Ma- 1226. A letter from the Program Analyst, Specialist, Aircraft Certification Service, rine Fisheries Service, National Oceanic and Office of the Chief Counsel, Department of Department of Transportation, transmitting Atmospheric Administration, transmitting Transportation, transmitting the Depart- the Department’s final rule—Airworthiness the Administration’s final rule—Fisheries of ment’s final rule—Airworthiness Directives; Directives; Boeing Model 747 Series Air- the Northeastern United States; Northeast The New Piper Aircraft, Inc. PA–23, PA–24, planes [Docket No. 97–NM–296–AD; Amend- Multispecies Fishery; Framework Adjust- PA–28, PA–32, and PA–34 Series Airplanes ment 39–11085; AD 99–07–03] (RIN: 2120–AA64) ment 25 [Docket No. 980318066–8066–01; I.D. [Docket No. 98–CE–110–AD; Amendment 39– received March 22, 1999, pursuant to 5 U.S.C. 022698A] (RIN: 0648–AK77) received November 11057; AD 99–05–09] (RIN: 2120–AA64) received 801(a)(1)(A); to the Committee on Transpor- 9, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to March 4, 1999, pursuant to 5 U.S.C. tation and Infrastructure. the Committee on Resources. 801(a)(1)(A); to the Committee on Transpor- 1235. A letter from the Program Support 1218. A letter from the Deputy Assistant tation and Infrastructure. Specialist, Aircraft Certification Service, Administrator for Fisheries, National Oce- 1227. A letter from the Program Analyst, Department of Transportation, transmitting anic and Atmospheric Administration, trans- Office of the Chief Counsel, Department of the Department’s final rule—Airworthiness mitting the Administration’s final rule— Transportation, transmitting the Depart- Directives; Pilatus Aircraft Ltd. Models PC– Taking and Importing Marine Mammals; ment’s final rule—Airworthiness Directives; 12 and PC–12/45 Airplanes [Docket No. 99–CE– Taking Marine Mammals Incidental to McDonnell Douglas Helicopter Systems 03–AD; Amendment 39–11081; AD 99–06–17] Rocket Launches [Docket No. 980629162–9033– Model MD–900 Helicopters [Docket No. 98– (RIN: 2120–AA64) received March 22, 1999, pur- 02; I.D. 093097E] (RIN: 0648–AK42) received SW–34–AD; Amendment 39–11056; AD 99–05–08] suant to 5 U.S.C. 801(a)(1)(A); to the Com- March 15, 1999, pursuant to 5 U.S.C. (RIN: 2120–AA64) received March 4, 1999, pur- mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Resources. suant to 5 U.S.C. 801(a)(1)(A); to the Com- ture.

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00119 Fmt 0688 Sfmt 0634 E:\BR99\H23MR9.004 H23MR9 5362 CONGRESSIONAL RECORD—HOUSE March 23, 1999 1236. A letter from the Program Support 1245. A letter from the Secretary of Trans- Benefits Administration; to the Committee Specialist, Aircraft Certification Service, portation, transmitting a draft of proposed on Veterans’ Affairs. Department of Transportation, transmitting legislation to amend title 49, United States By Mr. KLECZKA (for himself, Mr. the Department’s final rule—Airworthiness Code, to authorize appropriations for the HERGER, Mr. MATSUI, Ms. WOOLSEY, Directives; McDonnell Douglas Model DC–9 Federal Aviation Administration for fiscal Mr. HUNTER, Mr. SESSIONS, Mr. BER- and DC–9–80 Series Airplanes, Model MD–88 years 1999–2004, and for other puroposes; MAN, Mrs. BONO, Mr. GREEN of Texas, Airplanes, and C–9 (Military) Series Air- jointly to the Committees on Transportation Mr. DIXON, Mr. SHERMAN, Mr. CAL- planes [Docket No. 96–NM–203–AD; Amend- and Infrastructure, Science, Ways and VERT, Mr. SANDLIN, Mr. PAUL, Mr. ment 39–11086; AD 98–13–35 R1] (RIN: 2120– Means, Resources, and the Judiciary. FROST, Mr. FILNER, Mr. RAHALL, Mr. AA64) received March 22, 1999, pursuant to 5 BARRETT of Wisconsin, Ms. LOFGREN, f U.S.C. 801(a)(1)(A); to the Committee on Mr. SENSENBRENNER, Mr. LAMPSON, Transportation and Infrastructure. REPORTS OF COMMITTEES ON Mr. OBEY, and Mr. OSE): 1237. A letter from the Program Support PUBLIC BILLS AND RESOLUTIONS H.R. 1215. A bill to amend the Internal Rev- Specialist, Aircraft Certification Service, enue Code of 1986 with respect to the eligi- Department of Transportation, transmitting Under clause 2 of rule XIII, reports of bility of veterans for mortgage revenue bond the Department’s final rule—Airworthiness committees were delivered to the Clerk financing, and for other purposes; to the Directives; Empresa Brasileira de for printing and reference to the proper Committee on Ways and Means. Aeronautica S.A. (EMBRAER) Model EMB– calendar, as follows: By Mr. LATOURETTE (for himself, Mr. 145 Series Airplanes [Docket No. 99–NM–33– BALDACCI, Mr. LEACH, Mr. PETERSON Mr. KASICH: Committee on the Budget. AD; Amendment 39–11087; AD 99–05–04] (RIN: of Minnesota, Mrs. BONO, Mr. TRAFI- House Concurrent Resolution 68. Resolution 2120–AA64) received March 22, 1999, pursuant CANT, Mr. SHOWS, Mr. HOUGHTON, Mr. establishing the congressional budget for the to 5 U.S.C. 801(a)(1)(A); to the Committee on MINGE, Mr. NEY, Mr. SAWYER, Mrs. United States Government for fiscal year Transportation and Infrastructure. MEEK of Florida, Mr. RUSH, Mr. 2000 and setting forth appropriate budgetary 1238. A letter from the Director, Federal OLVER, Mr. STRICKLAND, Mr. LAHOOD, levels for each of fiscal years 2001 through Emergency Management Agency, transmit- Mr. KING, Mr. OBERSTAR, Mr. ALLEN, 2009 (Rept. 106–73). Referred to the Com- ting a draft of proposed legislation to amend Mr. VENTO, Mrs. MINK of Hawaii, Ms. mittee of the Whole House on the State of the Robert T. Stafford Disaster Relief and BROWN of Florida, Mr. TAYLOR of the Union. Emergency Assistance Act to authorize pro- North Carolina, Mr. ENGLISH, Mrs. Mr. LEACH: Committee on Banking and grams for predisaster mitigation, to stream- MCCARTHY of New York, Mr. Financial Services. H.R. 10. A bill to en- line the administration of disaster relief, to KUCINICH, Mr. HORN, Mr. BORSKI, Mr. hance competition in the financial services control the Federal costs of disaster assist- METCALF, Mr. BOEHLERT, Mr. industry by providing a prudential frame- ance, and for other purposes; to the Com- BILBRAY, Mr. GUTIERREZ, Mr. work for the affiliation of banks, securities mittee on Transportation and Infrastruc- COSTELLO, Mr. CUNNINGHAM, Mr. firms, and other financial service providers, ture. MOORE, Mr. RAHALL, Mr. LUTHER, Mr. and for other purposes; with an amendment 1239. A letter from the Secretary of Trans- WELLER, Mr. BERMAN, Mr. HILL of In- (Rept. 106–74 Pt. 1). Ordered to be printed. portation, transmitting proposed legislation diana, Mr. DOYLE, Mr. CUMMINGS, Ms. Mr. YOUNG of Alaska: Committee on Re- to authorize appropriations for hazardous EDDIE BERNICE JOHNSON of Texas, Mr. sources. H.R. 154. A bill to provide for the material transportation safety, and for other KLINK, Mr. TOWNS, Mr. MALONEY of collection of fees for the making of motion purposes; to the Committee on Transpor- Connecticut, Mr. BRADY of Pennsyl- pictures, television productions, and sound tation and Infrastructure. vania, Mr. HOLDEN, Ms. DELAURO, Ms. tracks in National Park System and Na- 1240. A letter from the Acting Associate BERKLEY, Mr. OXLEY, and Mr. TAN- tional Wildlife Refuge System units, and for Administrator for Procurement, National NER): other purposes; with an amendment (Rept. Aeronautics and Space Administration, H.R. 1216. A bill to amend title 38, United 106–75). Referred to the Committee of the transmitting the Administration’s final States Code, to provide that pay adjustments Whole House on the state of the union. rule—Waiver of Submission of Cost or Pric- for nurses and certain other health-care pro- Mr. GOSS: Committee on Rules. House ing Data for Acquisitions With the Canadian fessionals employed by the Department of Resolution 125. Resolution providing for con- Commercial Corporation and for Small Busi- Veterans Affairs shall be made in the same sideration of the bill (H.R. 1141) making ness Innovation Research Phase II Con- manner as is applicable to Federal employ- emergency supplemental appropriations for tracts—Recieved March 8, 1999, pursuant to 5 ees generally and to revise the authority for the fiscal year ending September 30, 1999, and U.S.C. 801(a)(1)(A); to the Committee on the Secretary of Veterans Affairs to make for other purposes (Rept. 106–76). Referred to Science. further locality pay adjustments for those the House Calendar. 1241. A letter from the Chief, Regulations employees; to the Committee on Veterans’ Unit, Internal Revenue Service, transmitting f Affairs. the Service’s final rule—Determination of By Mr. JEFFERSON (for himself, Mr. Interest Rate [Revenue Ruling 99–16] re- TIME LIMITATION OF REFERRED ABERCROMBIE, Mr. ANDREWS, Mr. ceived March 15, 1999, pursuant to 5 U.S.C. BILL ALLEN, Mr. BALDACCI, Mr. BEREUTER, 801(a)(1)(A); to the Committee on Ways and Pursuant to clause 5 of rule X the fol- Mr. BERMAN, Mr. BISHOP, Mr. BONIOR, Means. lowing action was taken by the Speak- Mr. BOUCHER, Mr. BRADY of Pennsyl- 1242. A letter from the Director, Office of er: vania, Mr. BROWN of California, Mr. Management and Budget, transmitting a BROWN of Ohio, Mr. BRYANt, Mrs. draft of proposed legislation to promote the H.R. 10. Referral to the Committee on CAPPS, Mr. CAPUANO, Mrs. growth of free enterprise and economic op- Commerce extended for a period ending not CHRISTENSEN, Mr. CLAY, Mrs. CLAY- portunity in the Caribbean Basin region, to later than May 14, 1999. TON, Mr. CLYBURN, Mr. COSTELLO, Mr. increase trade between the region and the f COYNE, Mr. CUMMINGS, Mr. DEFAZIO, United States, and to encourage the adop- Mr. DELAHUNT, Ms. DELAURO, Mr. tion by Caribbean Basin countries of trade PUBLIC BILLS AND RESOLUTIONS DICKS, Mr. DIXON, Mrs. EMERSON, Mr. and investment policies necessary for par- Under clause 2 of rule XII, public ENGEL, Mr. ENGLISH, Mr. ETHERIDGE, ticipation in the Free Trade Area of the Mr. FARR of California, Mr. FILNER, Americas; to the Committee on Ways and bills and resolutions were introduced Mr. FOLEY, Mr. FORBES, Mr. FORD, Means. and severally referred, as follows: Mr. FRANK of Massachusetts, Mr. 1243. A letter from the Secretary of Health By Mr. EVANS (for himself, Mr. FIL- FROST, Mr. GEJDENSON, Mr. GILLMOR, and Human Services, transmitting a draft of NER, Ms. BROWN of Florida, Mr. Mr. GILMAN, Mr. GOODE, Mr. GREEN of proposed legislation to provide grant funding DOYLE, Ms. CARSON, Mr. REYES, Mr. Texas, Mr. HALL of Texas, Mr. HALL for additional Empowerment Zones, Enter- RODRIGUEZ, Mr. SHOWS, Ms. BERKLEY, of Ohio, Mr. HAYWORTH, Mr. HILL- prise Communities, and Strategic Planning Ms. MILLENDER-MCDONALD, Ms. DAN- IARD, Mr. HINCHEY, Ms. HOOLEY of Or- Communities, and for other purposes; to the NER, Mr. COSTELLO, Mr. LAFALCE, egon, Mr. HOYER, Mr. INSLEE, Mrs. Committee on Ways and Means. Mrs. KELLY, Mr. FRANK of Massachu- JOHNSON of Connecticut, Mrs. JONES 1244. A letter from the Director, Office of setts, Mr. PASCRELL, Mr. STRICKLAND, of Ohio, Ms. KAPTUR, Mr. KILDEE, Ms. Personnel Management, transmitting a draft Mr. UNDERWOOD, Mr. OLVER, Mr. HIN- KILPATRICK, Mr. KLECZKA, Mr. of proposed legislation to provide for the cor- CHEY, Mr. STENHOLM, Mr. KLINK, and KUCINICH, Mr. LANTOS, Mr. rection of retirement coverage errors under Ms. MCKINNEY): LATOURETTE, Mr. LEWIS of Georgia, chapters 83 and 84 of title 5, United States H.R. 1214. A bill to amend title 38, United Mr. LIPINSKI, Ms. LOFGREN, Mrs. Code; jointly to the Committees on Govern- States Code, to provide for an enhanced qual- LOWEY, Mr. MCGOVERN, Mr. MCIN- ment Reform and Ways and Means. ity assurance program within the Veterans TYRE, Mr. MASCARA, Mr. MATSUI, Mrs.

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MEEK of Florida, Ms. MILLENDER- BLUNT, Mr. SENSENBRENNER, Mr. Georgia, Mr. LEVIN, and Mr. BENT- MCDONALD, Mr. GEORGE MILLER of GOODLATTE, Mr. BRADY of Texas, Mr. SEN): California, Mrs. MINK of Hawaii, Mr. NEY, Mr. LOBIONDO, Mr. BARTLETT of H.R. 1224. A bill to amend the Internal Rev- MOAKLEY, Mr. MORAN of Virginia, Maryland, Mr. THUNE, and Mr. enue Code of 1986 and title XVIII of the So- Mrs. MORELLA, Mr. NADLER, Mr. NEY, WHITFIELD): cial Security Act to provide for comprehen- Ms. NORTON, Mr. OBERSTAR, Mr. H.R. 1218. A bill to amend title 18, United sive financing for graduate medical edu- OLVER, Mr. PALLONE, Mr. PASCRELL, States Code, to prohibit taking minors cation; to the Committee on Ways and Mr. PAYNE, Ms. PELOSI, Mr. RAHALL, across State lines in circumvention of laws Means, and in addition to the Committee on Mr. RANGEL, Mr. SANDERS, Mr. requiring the involvement of parents in abor- Commerce, for a period to be subsequently SANDLIN, Mr. SAWYER, Mr. SERRANO, tion decisions; to the Committee on the Ju- determined by the Speaker, in each case for Mr. SHERMAN, Mr. SHOWS, Mr. SISI- diciary. consideration of such provisions as fall with- SKY, Mr. SKELTON, Ms. SLAUGHTER, By Mrs. MALONEY of New York (for in the jurisdiction of the committee con- Mr. SMITH of Washington, Mr. SMITH herself, Mr. GEKAS, Mr. HORN, Mr. cerned. of New Jersey, Mr. SPRATT, Ms. NADLER, Mr. KANJORSKI, Mr. SMITH of By Mr. COBLE: STABENOW, Mr. STARK, Mr. TAYLOR of Texas, Mr. HINCHEY, Mr. SESSIONS, H.R. 1225. A bill to authorize funds for the North Carolina, Mr. THOMPSON of Mr. ANDREWS, Mr. DAVIS of Virginia, payment of salaries and expenses of the Pat- Mississippi, Mrs. THURMAN, Mr. Mr. KUCINICH, and Mr. FILNER): ent and Trademark Office, and for other pur- TRAFICANT, Mr. TURNER, Mr. UNDER- H.R. 1219. A bill to amend the Office of poses; to the Committee on the Judiciary. WOOD, Mr. WATKINS, Mr. WATT of Federal Procurement Policy Act and the By Mr. EVANS: North Carolina, Mr. WAXMAN, Mr. Miller Act, relating to payment protections H.R. 1226. A bill to direct the Secretary of WEXLER, Mr. WEYGAND, Mr. WISE, Mr. for persons providing labor and materials for Defense to eliminate the backlog in satis- WOLF, Ms. WOOLSEY, Mr. WYNN, Mr. Federal construction projects; to the Com- fying requests of former members of the RUSH, and Mr. STRICKLAND): mittee on the Judiciary, and in addition to Armed Forces for the issuance or replace- H.R. 1217. A bill to amend title II of the So- the Committee on Government Reform, for a ment of military medals and decorations; to cial Security Act to provide that the reduc- period to be subsequently determined by the the Committee on Armed Services. tions in Social Security benefits which are Speaker, in each case for consideration of By Mr. EVANS (for himself, Mr. FIL- required in the case of spouses and surviving such provisions as fall within the jurisdic- NER, Mr. BROWN of Ohio, Ms. NORTON, spouses who are also receiving certain Gov- tion of the committee concerned. Mr. BONIOR, Mr. PASTOR, Mrs. MINK ernment pensions shall be equal to the By Mr. ANDREWS (for himself, Mr. of Hawaii, Mr. RUSH, Ms. KAPTUR, amount by which the total amount of the WELDON of Pennsylvania, Mr. Mr. COYNE, Mr. MARTINEZ, Mr. KIL- combined monthly benefit (before reduction) SAXTON, Mr. BORSKI, Mr. FATTAH, Mr. DEE, Mr. BARRETT of Wisconsin, Mr. and monthly pension exceeds $1,200; to the BRADY of Pennsylvania, and Mr. MASCARA, Mr. TIERNEY, Ms. KIL- Committee on Ways and Means. GREENWOOD): PATRICK, Mr. FALEOMAVAEGA, Mr. By Ms. ROS-LEHTINEN (for herself, H.R. 1220. A bill to direct the Secretary of OLVER, Mr. VENTO, Mr. DOYLE, Mr. Mr. BARCIA, Mr. DIAZ-BALART, Mrs. Defense to provide financial assistance to BALDACCI, Mr. GEJDENSON, Mr. LIPIN- FOWLER, Mr. WELDON of Florida, Mr. the Tri-State Maritime Safety Association SKI, Mr. GREEN of Texas, Mr. KLECZ- MCCOLLUM, Mr. CANADY of Florida, of Delaware, New Jersey, and Pennsylvania KA, Mr. ABERCROMBIE, Mr. KLINK, Mr. Mr. YOUNG of Florida, Mr. GOSS, Mr. for use for maritime emergency response on GEPHARDT, Mr. HINCHEY, Mr. HOLDEN, MICA, Mr. STEARNS, Mr. SCAR- the Delaware River; to the Committee on Mr. BROWN of California, Mr. STRICK- BOROUGH, Mr. ARMEY, Mr. DELAY, Mr. Armed Services, and in addition to the Com- LAND, and Ms. BERKLEY): WATTS of Oklahoma, Mr. HYDE, Mr. mittee on Transportation and Infrastruc- H.R. 1227. A bill to provide for the debar- BOEHNER, Mr. CRANE, Mr. ISTOOK, Mr. ture, for a period to be subsequently deter- ment or suspension from Federal procure- PITTS, Mr. COX, Mr. BLILEY, Mr. mined by the Speaker, in each case for con- ment and nonprocurement activities of per- OBERSTAR, Mr. WALSH, Mr. DAVIS of sideration of such provisions as fall within sons that violate certain labor and safety Virginia, Mr. HOEKSTRA, Mr. FORBES, the jurisdiction of the committee concerned. laws; to the Committee on Government Re- Mr. LAFALCE, Mr. WOLF, Mr. By Mr. UPTON (for himself, Mr. form, and in addition to the Committee on LARGENT, Mr. RAHALL, Mrs. EMER- TOWNS, Mr. BILIRAKIS, Ms. ESHOO, Education and the Workforce, for a period to SON, Mr. SMITH of New Jersey, Mr. Mrs. JOHNSON of Connecticut, Mr. be subsequently determined by the Speaker, SOUDER, Mr. HALL of Ohio, Mr. RANGEL, Mr. LEACH, Mr. STARK, Mr. in each case for consideration of such provi- SHOWS, Mr. HUTCHINSON, Mr. SALMON, FRELINGHUYSEN, Mr. BENTSEN, Mr. sions as fall within the jurisdiction of the Mr. GUTKNECHT, Mr. HEFLEY, Mr. FOLEY, Mr. MORAN of Virginia, Mr. committee concerned. HILL of Montana, Mr. BURTON of Indi- LATOURETTE, Mr. MCDERMOTT, Mr. By Mr. FILNER: ana, Mrs. MYRICK, Mr. LIPINSKI, Mr. NEY, Mr. ROTHMAN, Mr. CAMP, Ms. NORWOOD, Mr. ROGAN, Mr. HUNTER, BROWN of Florida, Ms. PELOSI, Ms. H.R. 1228. A bill to amend the retirement Mr. STENHOLM, Mr. FOSSELLA, Mr. BERKLEY, Ms. KILPATRICK, Mr. CROW- provisions of title 5, United States Code, to BACHUS, Mr. CHAMBLISS, Mr. LEY, Mr. MENENDEZ, Mr. KENNEDY of extend to inspectors of the Immigration and HILLEARY, Mr. HOSTETTLER, Mr. Rhode Island, and Mr. CLAY): Naturalization Service, revenue officers of GOODE, Mr. RYUN of Kansas, Mr. H.R. 1221. A bill to provide assistance for the Internal Revenue Service, and certain BURR of North Carolina, Mr. DEMINT, poison prevention and to stabilize the fund- others, the same treatment as is accorded to Mr. LATOURETTE, Mr. BARRETT of Ne- ing of regional poison control centers; to the law enforcement officers; to the Committee braska, Mr. JOHN, Mr. MCINTYRE, Mr. Committee on Commerce. on Government Reform. TIAHRT, Mr. BRYANt, Mr. SCHAFFER, By Mr. BALDACCI (for himself, Mr. By Mr. GEJDENSON (for himself, Mr. Mr. TALENT, Mr. HALL of Texas, Mr. KLECZKA, and Mr. SANDERS): ENGLISH, Mr. METCALF, Mr. SHOWS, GREEN of Wisconsin, Mr. HAYWORTH, H.R. 1222. A bill to amend title XVIII of the Mr. RAHALL, Mrs. THURMAN, Mr. HIN- Mr. MCCRERY, Mr. LAHOOD, Mr. Social Security Act to make certain changes CHEY, Mr. FROST, Mr. CALVERT, Mr. BERRY, Mr. ADERHOLT, Mr. SAM JOHN- related to payments for graduate medical RANGEL, Mr. GONZALEZ, Mrs. JONES of SON of Texas, Mr. DOYLE, Mr. PICK- education under the Medicare Program; to Ohio, Mr. MCINNIS, and Mr. ERING, Mr. KING, Mr. TERRY, Mr. the Committee on Ways and Means, and in LATOURETTE): METCALF, Mr. TANCREDO, Mr. GARY addition to the Committee on Commerce, for H.R. 1229. A bill to amend the Internal Rev- MILLER of California, Mr. LEWIS of a period to be subsequently determined by enue Code of 1986 to expand the types of Kentucky, Mr. CALVERT, Mr. SMITH of the Speaker, in each case for consideration equipment which may be acquired with tax- Michigan, Mr. PETERSON of Pennsyl- of such provisions as fall within the jurisdic- exempt financing by volunteer fire depart- vania, Mr. LINDER, Mr. SESSIONS, Mr. tion of the committee concerned. ments and to provide a comparable treat- CAMP, Mr. BARR of Georgia, Mr. By Mr. BLAGOJEVICH: ment for emergency medical service organi- POMBO, Mr. COOK, Mr. RYAN of Wis- H.R. 1223. A bill to provide grants to 10 zations; to the Committee on Ways and consin, Mr. FLETCHER, Mr. SHIMKUS, high-need local educational agencies or eligi- Means. Mr. KNOLLENBERG, Mr. DICKEY, Mr. ble consortium to establish or expand Na- By Mr. GIBBONS: ENGLISH, Mr. MCINTOSH, Mr. COBURN, tional Teachers Academies to serve as na- H.R. 1230. A bill to require the Secretary of Mr. EHLERS, Mr. CUNNINGHAM, Mr. tional models for teacher training, develop- the Interior to make reimbursement for cer- RILEY, Mr. LATHAM, Mr. PORTMAN, ment, and recruitment and to facilitate tain damages incurred as a result of bonding Mr. BARTON of Texas, Mr. CHABOT, high-quality curriculum development; to the regulations adopted by the Bureau of Land Mr. GRAHAM, Mr. JENKINS, Mr. SHAD- Committee on Education and the Workforce. Management on February 28, 1997, and subse- EGG, Mr. MANZULLO, Mr. KINGSTON, By Mr. CARDIN (for himself, Mr. quently determined to be in violation of Fed- Mr. MCKEON, Mr. BATEMAN, Mr. STARK, Mr. KLECZKA, Mr. LEWIS of eral law; to the Committee on Resources.

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By Mr. GIBBONS: Mr. LEACH, Mrs. MEEK of Florida, Mr. the Committee on Banking and Financial H.R. 1231. A bill to direct the Secretary of CAMPBELL, Ms. DEGETTE, Mr. BROWN Services, for a period to be subsequently de- Agriculture to convey certain National For- of Ohio, Mr. MCNULTY, Mr. SHERMAN, termined by the Speaker, in each case for est lands to Elko County, Nevada, for contin- Mr. RAMSTAD, Mr. NADLER, Mr. MAR- consideration of such provisions as fall with- ued use as a cemetery; to the Committee on KEY, Ms. KILPATRICK, Mr. WAXMAN, in the jurisdiction of the committee con- Resources. Ms. DELAURO, Mr. DEFAZIO, Mr. AN- cerned. By Mr. HANSEN (for himself and Mr. DREWS, Mr. DAVIS of Florida, Mr. By Mr. CAMPBELL: MEEHAN): COSTELLO, Mr. WYNN, Mr. BARRETT of H. Res. 126. A resolution providing for the H.R. 1232. A bill to amend title XIX of the Wisconsin, Ms. RIVERS, Mrs. consideration of the bill (H.R. 417) to amend Social Security Act to permit the Secretary TAUSCHER, Ms. SCHAKOWSKY, Mr. KIL- the Federal Election Campaign Act of 1971 to of Health and Human Services to waive DEE, Mr. BORSKI, Mr. WEYGAND, Mr. reform the financing of campaigns for elec- recoupment of Federal government Medicaid FRANK of Massachusetts, Mrs. MINK tions for Federal office; to the Committee on claims to tobacco-related State settlements of Hawaii, Mr. PASCRELL, Mr. BRADY Rules. if the State uses a portion of those funds for of Pennsylvania, Mr. LOBIONDO, Mr. By Mr. FILNER: programs to reduce the use of tobacco prod- GEJDENSON, Mr. FARR of California, H. Res. 127. A resolution acknowledging ucts and to assist in the economic diver- Mr. BERMAN, Mr. LAFALCE, Mr. the achievements of the late Robert Condon sification of tobacco farming communities; CARDIN, Ms. NORTON, Mr. ALLEN, Mr. and the Rolling Readers USA program he to the Committee on Commerce. RANGEL, Mr. MARTINEZ, Mr. KUCINICH, founded in advancing children’s literacy; to By Mrs. LOWEY (for herself and Mrs. Mr. MEEHAN, Mr. STARK, Mrs. KELLY, the Committee on Education and the Work- MCCARTHY of New York): Mr. ROTHMAN, Mr. KLECZKA, Mr. force. H.R. 1233. A bill to regulate interstate TIERNEY, Mr. PASTOR, Mr. CLAY, Mr. By Mr. SMITH of New Jersey (for him- commerce by providing a Federal cause of WEXLER, Mr. HOLDEN, Ms. STABENOW, self, Mr. GILMAN, Mr. KING, Mr. action against firearms manufacturers, deal- Mr. HOLT, Mr. MATSUI, Mr. DEUTSCH, CROWLEY, Mr. PAYNE, Mr. MENENDEZ, ers, and importers for the harm resulting Mr. FILNER, Mr. DELAHUNT, Mr. NEAL and Mr. WALSH): from gun violence; to the Committee on the of Massachusetts, Mrs. MALONEY of H. Res. 128. A resolution condemning the Judiciary. New York, Mr. BLUMENAUER, Mr. murder of human rights lawyer Rosemary By Mr. GARY MILLER of California MORAN of Virginia, Mr. PAYNE, Mr. Nelson and calling for the protection of de- (for himself, Mr. SESSIONS, Mr. KIND, Mr. MENENDEZ, Ms. ROYBAL-AL- fense attorneys in Northern Ireland; to the MCCOLLUM, Mr. BENTSEN, Mr. FOLEY, LARD, Mr. DIXON, Mr. MCDERMOTT, Committee on International Relations. Ms. DUNN, Mr. FORBES, Mr. Mr. PETERSON of Minnesota, Mr. f TANCREDO, Mr. TERRY, Mr. EVANS, Mr. BALDACCI, Ms. ESHOO, Mr. NETHERCUTT, Mr. THORNBERRY, and INSLEE, Ms. MCCARTHY of Missouri, PRIVATE BILLS AND Mr. BOEHLERT): Mr. THOMPSON of California, Mr. RESOLUTIONS H.R. 1234. A bill to amend the Internal Rev- SABO, Mr. PALLONE, Mr. HALL of enue Code of 1986 to repeal the excise tax on Ohio, Ms. WATERS, Mr. LANTOS, Mr. Under clause 3 of rule XII, telephone and other communications serv- HASTINGS of Florida, Ms. SANCHEZ, Mr. SCARBOROUGH introduced A bill ices; to the Committee on Ways and Means. Mr. PORTER, Mrs. LOWEY, Ms. (H.R. 1242) for the relief of Mary Yaros; By Mr. GEORGE MILLER of Cali- LOFGREN, Mr. SAWYER, Mr. HOEFFEL, which was referred to the Committee on the fornia: Mr. LAMPSON, Mr. MOORE, Mr. PRICE Judiciary. H.R. 1235. A bill to authorize the Secretary of North Carolina, Mr. OLVER, Mr. f of the Interior to enter into contracts with MINGE, Mr. GUTIERREZ, Mr. SANDERS, the Solano County Water Agency, California, Mr. SERRANO, Mr. BOUCHER, Ms. ADDITIONAL SPONSORS to use Solano Project facilities for impound- BROWN of Florida, Mr. LUTHER, Mr. Under clause 7 of rule XII, sponsors ing, storage, and carriage of nonproject SMITH of New Jersey, Mrs. CAPPS, Mr. water for domestic, municipal, industrial, OBEY, Mr. CAPUANO, Mrs. were added to public bills and resolu- and other beneficial purposes; to the Com- NAPOLITANO, Ms. HOOLEY of Oregon, tions as follows: mittee on Resources. and Mr. MALONEY of Connecticut): H.R. 5: Mrs. FOWLER, Mr. LEWIS of Ken- By Mr. RANGEL: H.R. 1239. A bill to designate certain lands tucky, Mr. POMBO, Mr. LUCAS of Kentucky, H.R. 1236. A bill to designate the head- in Alaska as wilderness; to the Committee Mr. ADERHOLT, Mr. LINDER, Mrs. EMERSON, quarters building of the Department of Hous- on Resources. Ms. DANNER, Mr. FILNER, Mr. SANDLIN, Mr. ing and Urban Development in Washington, By Mr. TRAFICANT: FROST, Mr. BISHOP, and Mr. SHADEGG. DC, as the Robert C. Weaver Federal Build- H.R. 1240. A bill to amend the Professional H.R. 14: Mr. SOUDER. ing; to the Committee on Transportation and Boxing Safety Act of 1996 to require that the H.R. 17: Mr. NUSSLE. Infrastructure. scores of each judge be made public after H.R. 27: Mrs. NORTHUP. By Mr. SAXTON (for himself, Ms. each round; to the Committee on Commerce, H.R. 38: Mr. NORWOOD and Mrs. CHENOWETH. DELAURO, Mr. GILCHREST, Mrs. and in addition to the Committee on Edu- H.R. 40: Mrs. CLAYTON, Ms. NORTON, and LOWEY, Mr. PALLONE, and Mr. cation and the Workforce, for a period to be Mr. PAYNE. SHAYS): subsequently determined by the Speaker, in H.R. 44: Mr. SMITH of New Jersey, Ms. H.R. 1237. A bill to amend the Federal each case for consideration of such provi- LOFGREN, Mr. TANCREDO, and Mr. RILEY. Water Pollution Control Act to permit sions as fall within the jurisdiction of the H.R. 45: Mr. DICKEY, Mr. BISHOP, Mr. grants for the national estuary program to committee concerned. DEUTSCH, Mrs. JOHNSON of Connecticut, and be used for the development and implemen- By Ms. WATERS: Mr. RYUN of Kansas. tation of a comprehensive conservation and H.R. 1241. A bill to amend the Controlled H.R. 48: Mr. COX. management plan, to reauthorize appropria- Substances Act and the Controlled Sub- H.R. 49: Mr. SHOWS. tions to carry out the program, and for other stances Import and Export Act to eliminate H.R. 50: Mr. ADERHOLT. purposes; to the Committee on Transpor- mandatory minimum penalties relating to H.R. 65: Mr. SMITH of New Jersey, Ms. tation and Infrastructure. crack cocaine offenses; to the Committee on LOFGREN, Mr. GUTKNECHT, Mr. TANCREDO, By Ms. SLAUGHTER: the Judiciary, and in addition to the Com- Mr. FORBES, Mr. MCCRERY, and Mr. RILEY. H.R. 1238. A bill to combat the crime of mittee on Commerce, for a period to be sub- H.R. 71: Mr. PAUL. international trafficking and to protect the sequently determined by the Speaker, in H.R. 72: Mr. SCARBOROUGH. rights of victims; to the Committee on Inter- each case for consideration of such provi- H.R. 86: Mr. ISAKSON. national Relations, and in addition to the sions as fall within the jurisdiction of the H.R. 116: Ms. BERKLEY and Mrs. JOHNSON of Committee on the Judiciary, for a period to committee concerned. Connecticut. be subsequently determined by the Speaker, By Mr. LANTOS (for himself, Mr. GIL- H.R. 152: Mr. PICKERING. in each case for consideration of such provi- MAN, Mr. GEJDENSON, and Mr. BEREU- H.R. 165: Mr. GILMAN. sions as fall within the jurisdiction of the TER): H.R. 197: Mr. RYUN of Kansas, Mr. MOORE, committee concerned. H. Con. Res. 67. A concurrent resolution ex- and Mr. TIAHRT. By Mr. VENTO (for himself, Mrs. JOHN- pressing the sense of the Congress that free- H.R. 208: Mr. WOLF. SON of Connecticut, Mr. FORBES, Mr. dom of the news media and freedom of ex- H.R. 219: Mr. MCINTOSH. BONIOR, Mr. UDALL of Colorado, Ms. pression are vital to the development and H.R. 254: Mr. LARGENT and Mr. PETERSON of WOOLSEY, Mr. HINCHEY, Mr. SHAYS, consolidation of democracy in Russia and Pennsylvania. Ms. PELOSI, Mr. ACKERMAN, Mr. that the United States should actively sup- H.R. 274: Mrs. MALONEY of New York. FRANKS of New Jersey, Mr. COYNE, port such freedoms; to the Committee on H.R. 275: Mr. POMBO and Mr. GARY MILLER Mr. LEWIS of Georgia, Mrs. MORELLA, International Relations, and in addition to of California.

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H.R. 303: Mr. SMITH of New Jersey, Ms. H.R. 811: Mr. HOYER, Mr. MARTINEZ, and H.J. Res. 35: Mr. WAMP. LOFGREN, Mr. GUTKNECHT, Mr. TANCREDO, Ms. KILPATRICK. H.J. Res. 37: Mr. TIAHRT, Mr. CAMP, Mr. Mr. MCCRERY, Ms. BROWN of Florida, Mr. H.R. 827: Mr. CAMPBELL, Mr. TRAFICANT, SHERWOOD, Mr. RYUN of Kansas, Mr. KING- RILEY, Mr. GEJDENSON, and Mr. COLLINS. Mr. OBERSTAR, and Mr. KUCINICH. STON, Mr. NUSSLE, and Mr. HASTERT. H.R. 306: Ms. BERKLEY, Ms. DEGETTE, Mr. H.R. 833: Ms. BERKLEY, Mr. BLAGOJEVICH, H. Con. Res. 8: Mr. POMEROY. KIND, Mr. KUCINICH, and Mr. LANTOS. Mr. BRADY of Pennsylvania, Mr. LUCAS of H.R. 351: Mr. BRADY of Texas and Mr. Kentucky, and Mr. SENSENBRENNER. H. Con. Res. 23: Mr. SHOWS, Mr. ENGLISH, REYES. H.R. 850: Mr. SWEENEY, Mr. BAKER, Mr. Mr. CLEMENT, Mr. COOKSEY, Mr. HILL of Mon- H.R. 357: Mrs. BIGGERT. CRANE, Mr. MCINNIS, Mr. WELDON of Florida, tana, Mr. DINGELL, Mr. LAHOOD, Mr. MCGOV- H.R. 371: Mr. LUCAS of Oklahoma and Mr. Mr. WISE, Mr. OSE, Mr. BALDACCI, Mr. MINGE, ERN, Mr. LATOURETTE, and Mr. WU. MCGOVERN. Mr. UNDERWOOD, Mr. DEMINT, Mr. WALDEN of H. Con. Res. 30: Mr. TAYLOR of North Caro- H.R. 383: Mrs. JOHNSON of Connecticut, Mr. Oregon, and Mr. HAYES. lina and Mr. COLLINS. FORBES, Mrs. MORELLA, Mr. GARY MILLER of H.R. 875: Mr. BONIOR and Mr. WYNN. H. Con. Res. 31: Mr. FRANK of Massachu- California, Mr. SANDLIN, Mr. KLECZKA, Mr. H.R. 881: Mr. SENSENBRENNER. setts, Mr. REYES, Mr. FOSSELLA, and Mr. WAXMAN. MCNULTY, Mr. BALDACCI, and Mr. SHOWS. H.R. 886: Mr. GUTIERREZ. H. Con. Res. 37: Mr. DELAY, Mr. FOLEY, and H.R. 413: Mr. CAPUANO, Mr. BILBRAY, Mrs. H.R. 895: Ms. SCHAKOWSKY, Mr. HOEFFEL, Mr. PALLONE. CHRISTENSEN, Mr. HINCHEY, Mr. BROWN of Mr. SAWYER, and Mr. PASTOR. H. Con. Res. 38: Mr. JEFFERSON and Mr. Ohio, Ms. NORTON, Mr. COOK, Ms. EDDIE BER- H.R. 896: Mr. BOEHLERT and Mr. BARTLETT DIXON. NICE JOHNSON of Texas, Mr. MARTINEZ, Ms. of Maryland. H. Con. Res. 39: Mr. WATTS of Oklahoma. BERKLEY, Mrs. THURMAN, Mr. BALDACCI, Mr. H.R. 904: Mr. MCHUGH and Ms. BERKLEY. H. Con. Res. 51: Ms. KILPATRICK. THOMPSON of Mississippi, Mr. CONYERS, Mr. H.R. 914: Mr. GUTIERREZ. H. Res. 41: Mrs. CLAYTON, Mr. GOODLING, DIXON, and Mr. TAYLOR of North Carolina. H.R. 924: Mr. BATEMAN, Mr. JOHN, Mr. BOU- Mr. INSLEE, Mr. KUCINICH, Mr. MENENDEZ, H.R. 423: Mr. DOOLEY of California, Mr. CHER, and Mr. THOMPSON of Mississippi. Ms. MILLENDER-MCDONALD, Mrs. NAPOLI- JOHN, Mr. POMBO, and Mr. HERGER. H.R. 936: Mr. FORBES. TANO, Mr. ROYCE, and Mr. SNYDER. H.R. 430: Mr. NUSSLE. H.R. 938: Mr. MCNULTY, Mr. SANDLIN, Mr. H. Res. 59: Mr. BILIRAKIS. H.R. 483: Mr. THOMPSON of Mississippi. PASTOR, Ms. DELAURO, and Mr. WYNN. H. Res. 82: Mr. LUTHER, Mrs. MALONEY of H.R. 486: Mr. ADERHOLT, Mr. KENNEDY of H.R. 939: Mr. SCOTT, Mr. STARK, Ms. EDDIE New York, and Mr. NADLER. Rhode Island, Mr. FORBES, Mr. CLEMENT, Mr. BERNICE JOHNSON of Texas, Mr. FRANK of H. Res. 89: Mr. MCINTYRE, Ms. CARSON, and PETERSON of Minnesota, and Mr. HOLT. Massachusetts, and Mr. MEEKS of New York. Mr. PRICE of North Carolina. H.R. 516: Mrs. CHENOWETH and Mr. SHOWS. H.R. 998: Mr. SHOWS, Mr. FROST, Mr. BOU- H. Res. 95: Mr. ARMEY. H.R. 531: Mr. BRYANT, Mr. RYUN of Kansas, CHER, Mr. PAUL, Mr. BALDACCI, and Mr. TAY- H. Res. 99: Mr. FROST, Mr. CROWLEY, and Mr. GOSS. Mr. KILDEE, Ms. DANNER, Mr. GEJDENSON, LOR of North Carolina. H. Res. 106: Mr. RANGEL, Mr. TAYLOR of Mr. EHLERS, and Mr. ENGLISH. H.R. 1008: Mr. ENGLISH, Mr. PETRI, Mr. Mississippi, Mr. FORBES, Mr. GILMAN, and H.R. 541: Mr. SNYDER, Mr. FILNER, Mr. LAHOOD, Mr. KUCINICH, Mr. BISHOP, Mr. Ms. JACKSON-LEE of Texas. THOMPSON of Mississippi, Mrs. MCCARTHY of OBERSTAR, Ms. EDDIE BERNICE JOHNSON of H. Res. 107: Mr. BROWN of California, Ms. New York, Mr. FARR of California, and Mr. Texas, Mr. PASTOR, and Ms. KILPATRICK. BERKLEY, and Mr. BLAGOJEVICH. RODRIGUEZ. H.R. 1018: Mr. LARGENT. H. Res. 115: Mr. KENNEDY of Rhode Island, H.R. 544: Mr. NUSSLE. H.R. 1032: Mr. SALMON, Mr. ADERHOLT, Mr. Mr. VENTO, Mr. BRYANT, Mr. GREEN of Texas, H.R. 546: Mr. WICKER. GOODLING, Mr. SENSENBRENNER, Mr. RAHALL, Mr. GREEN of Wisconsin, and Mr. THOMPSON H.R. 550: Mr. SHOWS. Mr. HUNTER, and Mr. HAYES. of Mississippi. H.R. 566: Ms. BERKLEY and Mr. HILL of Indi- H.R. 1034: Mr. BATEMAN. H. Res. 118: Mrs. MYRICK and Mr. PICK- ana. H.R. 1039: Ms. KILPATRICK, Mrs. THURMAN, ERING. H.R. 570: Mr. FORBES. Ms. ESHOO, Ms. SLAUGHTER, Mr. BECERRA, f H.R. 573: Mr. FRELINGHUYSEN: Mrs. and Mr. SNYDER. DELETIONS OF SPONSORS FROM BIGGERT, Mr. ARMEY, Mr. BARRETT of Ne- H.R. 1046: Mr. ANDREWS and Mr. RANGEL. PUBLIC BILLS AND RESOLUTIONS braska, Mrs. FOWLER, Mr. WHITFIELD, Mr. H.R. 1053: Mr. RANGEL. Under clause 7 of rule XII, sponsors NORWOOD, Mr. KNOLLENBERG, Mrs. H.R. 1055: Mr. CALVERT, Mr. KING, Mrs. were deleted from public bills and reso- CHENOWETH, Mr. GEPHARDT, Mr. FLETCHER, FOWLER, Mr. HAYES, Mr. GILCHREST, Mr. lutions as follows: Mr. GILMAN, Mr. RODRIGUEZ, Ms. DANNER, POMBO, Mr. RYUN of Kansas, Mr. WELLER, Mrs. CUBIN, Mr. MINGE, Mr. PETERSON of Mr. WATTS of Oklahoma, and Mr. SESSIONS. H.R. 434: Mr. SHOWS. Minnesota, Mr. SMITH of Washington, Mr. H.R. 1064: Mr. BLAGOJEVICH. f KIND, Mr. DEFAZIO, Mr. BOUCHER, Mr. H.R. 1070: Ms. BERKLEY, Ms. JACKSON-LEE AMENDMENTS DOOLEY of California, Mr. BLAGOJEVICH, Mr. of Texas, Mr. MCINTYRE, Mrs. MCCARTHY of Under clause 8 of rule XVIII, pro- DELAY, and Mr. PICKERING. New York, Mr. CLAY, and Mr. GARY MILLER posed amendments were submitted as H.R. 574: Mrs. MYRICK. of California. follows: H.R. 576: Mr. JEFFERSON and Ms. BERKLEY. H.R. 1071: Mr. PICKERING, Mr. COYNE, Ms. H.R. 472 H.R. 577: Mr. HILL of Montana. MCKINNEY, and Mr. GUTIERREZ. H.R. 654: Mr. LUTHER. H.R. 1077: Mr. COOK. OFFERED BY: MRS. MALONEY OF NEW YORK H.R. 664: Mrs. MALONEY of New York, Mr. H.R. 1082: Ms. PRYCE of Ohio, Mr. FRANKS (Amendment in the Nature of a Substitute) LARSON, and Mr. HASTINGS of Florida. of New Jersey, Mr. GUTIERREZ, Mr. AMENDMENT NO. 1: Strike all after the en- H.R. 674: Mr. JOHN. FALEOMAVAEGA, Mr. FRELINGHUYSEN, Mr. LU- acting clause and insert the following: H.R. 686: Mr. REYES, Mr. HINOJOSA, and Mr. THER, and Mr. RODRIGUEZ. SECTION 1. SHORT TITLE. GREEN of Texas. H.R. 1115: Mrs. KELLY, Mr. GARY MILLER of This Act may be cited as the ‘‘Local Par- H.R. 699: Mr. FILNER, Mr. SANDERS, and Ms. California, and Mr. WISE. ticipation in the Census Act’’. KILPATRICK. H.R. 1116: Mr. SMITH of Texas, Mr. NEY, Mr. SEC 2. CENSUS LOCAL PARTICIPATION. H.R. 743: Mr. DIAZ-BALART and Mr. GOODE. JOHN, Mr. ARMEY, and Mr. BONILLA. (a) IN GENERAL.—Subchapter II of chapter 5 H.R. 750: Mr. THORNBERRY. H.R. 1120: Mr. JOHN. of title 13, United States Code, is amended by adding at the end the following: H.R. 773: Ms. BALDWIN, Mr. LEACH, Mr. H.R. 1138: Mr. BILIRAKIS. PHELPS, and Ms. BERKLEY. H.R. 1159: Mr. ISTOOK and Mr. GUTKNECHT. ‘‘§ 142. Census local participation H.R. 783: Mr. CALLAHAN, Ms. PRYCE of Ohio, H.R. 1160: Mr. ROMERO-BARCELO´ , Mr. ‘‘(a)(1) The 2000 decennial census shall in- and Mr. DOYLE. GUTIERREZ, and Mr. SHOWS. clude the opportunity for local governmental units to review housing unit counts, jurisdic- H.R. 784: Mr. DOYLE, Ms. BROWN of Florida, H.R. 1168: Mrs. CLAYTON, Mr. THOMPSON of tional boundaries, and such other data as the Mr. CALVERT, Ms. KAPTUR, Mr. DIAZ-BALART, California, Mr. CROWLEY, Mr. GEJDENSON, Secretary considers appropriate for the pur- Mr. ENGLISH, Mrs. KELLY, Mr. REYES, Mr. and Mrs. MEEK of Florida. pose of identifying discrepancies or other po- GUTIERREZ, Mr. PASCRELL, Mr. SESSIONS, Mr. H.R. 1177: Ms. PRYCE of Ohio and Mr. HALL tential problems before the tabulation of HAYWORTH, Mr. UNDERWOOD, Mr. SMITH of of Montana. total population by States (as required for New Jersey, Mr. BAKER, Mr. LANTOS, Mr. H.R. 1180: Mr. DEUTSCH, Mrs. WILSON, Mrs. the apportionment of Representatives in BURTON of Indiana, Mr. STEARNS, and Ms. CAPPS, Mr. GEORGE MILLER of California, Mr. Congress among the several States) is completed. CARSON. CASTLE, Ms. ESHOO, and Mr. SHAYS. ‘‘(2) Any opportunity for local participa- H.R. 789: Mr. SHOWS and Mr. RAHALL. H.R. 1182: Mr. SIMPSON. tion under this section shall be provided in H.R. 793: Mr. PAUL, Mr. NORWOOD, Mr. H.R. 1212: Mr. JOHN and Mr. CONDIT. such time, form, and manner as the Sec- SMITH of Michigan, and Mr. HILL of Montana. H.J. Res. 22: Mr. FORD, Mr. PALLONE, Mr. retary shall (consistent with paragraph (1)) H.R. 796: Mr. BARTON of Texas and Mr. BRADY of Pennsylvania, Mr. RUSH, Mr. NAD- prescribe, except that nothing in this section KING. LER, Mr. DIXON, and Mr. MCGOVERN. shall affect any right of local participation

VerDate jul 14 2003 11:43 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00123 Fmt 0688 Sfmt 8472 E:\BR99\H23MR9.004 H23MR9 5366 CONGRESSIONAL RECORD—HOUSE March 23, 1999 in the 2000 decennial census otherwise pro- Page 4, line 23, strike ‘‘142’’ and insert ability on the part of the United States or vided for by law, whether under Public Law ‘‘141’’. otherwise as evidence of any material fact in 103–430 or otherwise. Page 4, after line 23, strike ‘‘143’’ and insert any judicial proceeding or investigation aris- ‘‘(b) Any opportunity for local participa- ‘‘142’’. ing from the accident described in subsection tion under this section in connection with H.R. 1141 (a). the 2000 decennial census should be designed OFFERED BY: MR. BENTSEN H.R. 1141 with a view toward affording local govern- OFFERED BY: MR. BURTON OF INDIANA mental units adequate opportunity— AMENDMENT NO. 1: Page 36, after line 10, insert the following new section: AMENDMENT NO. 3: At the end of title II ‘‘(1) to assure that new construction, par- SEC. 3012. None of the funds made available (page 26, after line 2), insert the following ticularly any subsequent to April 30, 1999, new section: and before April 1, 2000, is appropriately rein this Act or any other Act may be used to flected in the master address file used in con- release from detention any criminal alien SEC. 2003. (a) AUTHORITY TO MAKE PAY- subject to mandatory detention pending re- ducting such census; MENTS.—Subject to the provisions of this sec- moval from the United States. tion, the Secretary of Defense is authorized ‘‘(2) to verify the accuracy of those units H.R. 1141 to make payments for the settlement of the or other addresses which the United States claims arising from the deaths caused by the OFFERED BY: MR. BURTON OF INDIANA Postal Service has identified as being vacant accident involving a United States Marine or having vacancies; and AMENDMENT NO. 2: At the end of title II Corps EA–6B aircraft on February 3, 1998, ‘‘(3) to assure that the Secretary has prop- (page 26, after line 2), insert the following near Cavalese, Italy. new section: erly identified the jurisdictional boundaries (b) DEADLINE FOR EXERCISE OF AUTHOR- of local governmental units, consistent with SEC. 2003. (a) AUTHORITY TO MAKE PAY- ITY.—The Secretary shall exercise the au- any measures taken under Public Law 103– MENTS.—Subject to the provisions of this sec- thority under subsection (a) not later than 90 430 and any other applicable provisions of tion, the Secretary of Defense is authorized days after the date of the enactment of this law. to enter into agreements to make payments Act. ‘‘(c) Any opportunity for local participa- for the settlement of the claims arising from (c) SOURCE OF PAYMENTS.—Notwith- tion under this section shall be afforded in a the deaths caused by the accident involving standing any other provision of law, of the manner that allows the Secretary to derive a United States Marine Corps EA–6B aircraft amounts appropriated or otherwise made quality-control corrected population counts on February 3, 1998, near Cavalese, Italy. available for the Department of the Navy for (as recommended by the National Academy (b) DEADLINE FOR EXERCISE OF AUTHOR- operation and maintenance for fiscal year of Sciences in its final report under Public ITY.—The Secretary shall exercise the au- 1999 or unexpended balances from prior Law 102–135 and as proposed in the census thority under subsection (a) not later than 90 years, the Secretary shall make available 2000 operational plan as part of the Accuracy days after the date of the enactment of this $40,000,000 only for emergency and extraor- Coverage Evaluation program) on a timely Act. dinary expenses associated with the settle- basis, but in no event later than the date by (c) SOURCE OF PAYMENTS.—Notwith- ment of the claims arising from the accident which all tabulations of population under standing any other provision of law, of the described in subsection (a). section 141(c) (in connection with the 2000 de- amounts appropriated or otherwise made (d) AMOUNT OF PAYMENT.—The amount of cennial census) must be completed, reported, available for the Department of the Navy for the payment under this section in settle- and transmitted to the respective States. operation and maintenance for fiscal year ment of the claims arising from the death of ‘‘(d) As used in this section— 1999, the Secretary shall make available any person associated with the accident de- ‘‘(1) the term ‘decennial census’ means a $40,000,000 only for emergency and extraor- scribed in subsection (a) may not exceed decennial census of population conducted dinary expenses associated with the settle- $2,000,000. ment of the claims arising from the accident under section 141(a); and (e) TREATMENT OF PAYMENTS.—Any amount described in subsection (a), unless the agree- paid to a person under this section is in- ‘‘(2) the term ‘local governmental unit’ ments made pursuant to the authority means a local unit of general purpose gov- tended to supplement any amount subse- granted in subsection (a) provide for pay- quently determined to be payable to the per- ernment as defined by section 184, or its des- ments over a longer period. ignee.’’. son under section 127 or chapter 163 of title (d) AMOUNT OF PAYMENT.—The amount of 10, United States Code, or any other provi- (b) CONFORMING AMENDMENT.—The table of the payment under this section in settle- sections for chapter 5 of title 13, United sion of law for administrative settlement of ment of the claims arising from the death of claims against the United States with re- States Code, is amended by inserting after any person associated with the accident de- the item relating to section 141 the fol- spect to damages arising from the accident scribed in subsection (a) may not exceed described in subsection (a). lowing: $2,000,000. ‘‘142. Census local participation.’’. (f) CONSTRUCTION.—The payment of an (e) TREATMENT OF PAYMENTS.—Any amount amount under this section may not be con- Amend the title so as to read: ‘‘A bill to paid to a person under this section is in- sidered to constitute a statement of legal li- amend title 13, United States Code, to re- tended to supplement any amount subse- ability on the part of the United States or quire that the opportunity for meaningful quently determined to be payable to the per- otherwise as evidence of any material fact in local participation in the 2000 decennial cen- son under section 127 or chapter 163 of title any judicial proceeding or investigation aris- sus be provided.’’. 10, United States Code, or any other provi- ing from the accident described in subsection H.R. 472 sion of law for administrative settlement of (a). claims against the United States with re- OFFERED BY: MR. MILLER OF FLORIDA spect to damages arising from the accident H.R. 1141 AMENDMENT NO. 2: Page 2, line 4, strike described in subsection (a). OFFERED BY: MR. TIAHRT ‘‘142’’ and insert ‘‘141’’. (f) CONSTRUCTION.—The payment of an AMENDMENT NO. 4: Page 15, line 25, after Page 2, line 5, strike ‘‘143’’ and insert amount under this section may not be con- the dollar amount, insert the following: ‘‘(in- ‘‘142’’. sidered to constitute a statement of legal li- creased by $195,000,000)’’.

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CBO COST ESTIMATE OF H.R. 707, sumed that every dollar of mitigation spending of major natural disasters. Over the next 10 THE DISASTER MITIGATION AND will result, on average, in at least one dollar of years, savings could exceed the $80 million COST REDUCTION ACT OF 1999 Federal assistance avoided. (The Committee that the legislation would authorize for predisaster mitigation efforts, although we believes this is a conservative assumption expect that any such savings would be small HON. BUD SHUSTER based on testimony it received from the Fed- over the next five years. OF PENNSYLVANIA eral Emergency Management Agency indi- H.R. 707 also would affect direct spending; IN THE HOUSE OF REPRESENTATIVES cating mitigation typically pays back two to therefore, pay-as-you-go procedures would apply. CBO estimates that the net annual in- Tuesday, March 23, 1999 three times the amount spent.) Using this assumption, the Committee estimated the Fed- crease in direct spending would, on average, be less than $500,000. Mr. SHUSTER. Mr. Speaker, on March 4 eral Government will save approximately $100 the House passed H.R. 707, the ‘‘Disaster The legislation contains no intergovern- million over the first five years if H.R. 707 is mental or private-sector mandates as defined Mitigation and Cost Reduction Act of 1999.’’ enacted into law. in the Unfunded Mandates Reform Act The Congressional Budget Office (CBO) was CBO’s estimates on H.R. 707 follow: (UMRA) and would significantly benefit the unable to submit a cost estimate of H.R. 707 U.S. CONGRESS, budgets of state, local, and tribal govern- to the Committee on Transportation and Infra- CONGRESSIONAL BUDGET OFFICE, ments. structure before a Committee report was filed. Washington, DC, March 15, 1999. DESCRIPTION OF THE LEGISLATION’S MAJOR In lieu of the CBO estimate, the Committee Hon. BUD SHUSTER, PROVISIONS provided its own estimate of the cost of the Chairman, Committee on Transportation and Title I would establish a program to pro- legislation. The Committee estimated that H.R. Infrastructure, House of Representatives, vide financial assistance to state and local 707 would result in savings to the Federal Washington, DC. governments for predisaster mitigation ac- Government of approximately $100 million DEAR MR. CHAIRMAN: The Congressional tivities. It also would require the President Budget Office has prepared the enclosed cost to transmit a report to the Congress that over the first five years, and significantly more estimate for H.R. 707, the Disaster Mitiga- would evaluate efforts to implement the savings in the longer run. This estimate was tion and Cost Reduction Act of 1999. predisaster hazard mitigation programs and based on the CBO cost estimate on virtually If you wish further details on this esti- recommend a process for transferring greater the same bill that was reported out of the mate, we will be pleased to provide them. authority over the program to states. In ad- Committee in the 105th Congress. (For details The CBO staff contacts are John R. Righter dition, this title would remove a yearly cap see House Report 106–40, pages 20–21.) At (for federal costs), who can be reached at 226– of $50,000 per state on the grants that FEMA the time the report was filed the Committee 2860, and Lisa Cash Driskill (for the state makes for improving and maintaining dis- and local impact), who can be reached at 225– aster assistance plans and would increase the committed to submitting CBO’s cost estimate, 3220. maximum federal contribution for mitiga- once completed, of H.R. 707 for the Record. Sincerely, tion costs from 15 percent to 20 percent. CBO’s analysis, presented in its entirety BARRY B. ANDERSON Title II would combine any disaster relief below, estimates implementing H.R. 707 (For Dan L. Crippen). expenses incurred by states but not charge- would increase discretionary outlays by a total able to a specific project into a single cat- of $2 billion over 1999–2004. On its face, this CONGRESSIONAL BUDGET OFFICE COST egory called management costs. It would di- ESTIMATE—MARCH 15, 1999 estimate is at odds with the Committee’s esti- rect the President to establish standard rates for reimbursing states for such costs. mate that the bill will save $100 million over H.R. 707: DISASTER MITIGATION AND COST RE- DUCTION ACT OF 1999, AS PASSED BY THE Title II also would establish new require- the same period. There are two important fac- HOUSE OF REPRESENTATIVES ON MARCH 4, ments that certain private nonprofit facili- tors which account for the difference in these 1999 ties (PNPs) would have to meet in order to estimates. First, $1.3 billion of CBO’s esti- SUMMARY receive funds for repair and replacement of mated $2 billion in costs are due to an accel- damaged facilities. In order to receive mon- H.R. 707 would amend the Robert T. Staf- eys from the disaster relief fund, PNPs would eration in outlays CBO now estimates will hap- ford Disaster Relief and Emergency Assist- pen over the first five years. This contradicts have to be ineligible for a loan from the ance Act to authorize a predisaster mitiga- Small Business Administration (SBA), or CBO’s report on what was essentially the tion program and make changes to the exist- have obtained the maximum possible loan same bill in the 105th Congress. The accel- ing disaster relief program. amount from the SBA. The title would re- eration is caused by a provision in H.R. 707 The legislation would authorize the appro- quire that the President exempt from this that streamlines the assistance program allow- priation of $105 million over fiscal years 1999 requirement PNPs that provide ‘‘critical and 2000 for a predisaster mitigation pro- ing FEMA to end the assistance process in services,’’ such as utilities, communications, gram. (Public Law 105–276 appropriated $25 and emergency medical care. (The definition disaster areas much faster than in the past. million to the Federal Emergency Manage- This provision will reduce paperwork for dis- of critical services would be left to the Presi- ment Agency (FEMA) for this purpose in fis- dent.) aster victims and reduce the Federal presence cal year 1999.) Other provisions in H.R. 707 In addition, the legislation would reduce in these areas. It is important to note that would also result in changes in discretionary the federal government’s share of costs for CBO estimates this provision will not change spending, assuming appropriation of the nec- repairing damaged facilities from 90 percent total spending in the long term. essary amounts. In total, CBO estimates to 75 percent, but would allow the President The second important factor that accounts that implementing H.R. 707 would increase the flexibility to vary the contribution be- for the difference between the Committee and discretionary outlays by a total of $2 billion tween 50 percent and 90 percent if doing so over the 1999–2004 period. Most of the esti- CBO’s cost estimate is that CBO does not es- would be more cost-effective. Title II would mated increase in outlays—$1.3 billion of the also allow the President to use the estimated timate any savings from pre-disaster mitigation five-year total—would result from provisions cost of repairing or replacing a facility, rath- spending. CBO states it cannot predict the that would accelerate spending from FEMA’s er than the actual cost, to determine the timing or magnitude of future disasters and, disaster relief fund, but would not change level of assistance to provide. H.R. 707 would therefore, cannot predict the savings from miti- total spending over the long term. establish an expert panel to develop proce- gating against future damage. However, CBO If the authorized funding for predisaster dures for estimating the cost of repairing a states ‘‘If the authorized funding for pre-dis- mitigation efforts is provided and used judi- facility. ciously, enactment of this legislation could aster mitigation efforts is provided and used The legislation would combine the Tem- lead to savings to the federal government by porary Housing Assistance (THA) and Indi- judiciously, enactment of this legislation could reducing the need for future disaster relief vidual and Family Grant (IFG) programs lead to savings to the Federal Government by funds. CBO cannot estimate the timing or into one program, and would eliminate the reducing the need for future disaster relief magnitude of such savings because we can- community disaster loan program, a pro- funds.’’ The Committee cost estimate as- not predict either the frequency or location gram that assists any local government that

● 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.

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 0634 E:\BR99\E23MR9.000 E23MR9 5368 EXTENSIONS OF REMARKS March 23, 1999 has suffered a substantial loss of tax reve- but CBO estimates that the annual net in- estimate the effects of provisions that would nues as a result of a major disaster. Finally, crease in such spending would, on average, establish standardized rates for reimbursing H.R. 707 would add several reporting require- be less than $500,000. management costs and that would reduce the ments for FEMA and the General Accounting The estimated budgetary impact of most of amount of general assistance that FEMA can Office (GAO). the provisions in H.R. 707 is shown in the fol- provide state and local governments in lieu ESTIMATED COST TO THE FEDERAL GOVERNMENT lowing table. The table does not reflect some of providing the federal share of costs to re- CBO estimates that implementing H.R. 707 potential savings and costs from provisions pair or replace a facility. The costs of this would result in additional discretionary out- that may affect discretionary spending but legislation fall within budget function 450 lays of $2 billion over the 1999–2004 period. for which CBO cannot estimate the likely ef- (community and regional development). fects. In particular, we cannot estimate the The estimated increase in outlays includes BASIS OF ESTIMATE $0.7 billion in additional costs and $1.3 billion potential savings in the costs of future dis- from the faster spending of future appropria- aster relief from the increased spending on For the purposes of this estimate, CBO as- tions. Because the faster spending of disaster predisaster mitigation activities that would sumes that H.R. 707 will be enacted by the relief funds would not affect long-term costs, be authorized by H.R. 707. While such savings end of this fiscal year and that the amounts a corresponding net decrease in outlays could be significant in the long run, we ex- authorized and estimated to be necessary would occur over the 2005–2009 period. The pect that any savings would be small over will be appropriated near the start of each legislation also would affect direct spending, the next five years. In addition, CBO cannot fiscal year.

By fiscal year, in millions of dollars 1999 2000 2001 2002 2003 2004

SPENDING SUBJECT TO APPROPRIATION a Spending for Disaster Relief Under Current Law: Budget Authority/Estimated Authorization Level b ...... 1,214 1,240 1,266 1,295 1,323 1,351 Estimated Outlays ...... 3,250 2,587 2,349 2,216 1,870 1,692 Proposed Changes: Specified Authorizations for Predisaster Mitigation:. Authorization Level ...... 0 80 0 0 0 0 Estimated Outlays ...... 0 32 32 16 0 0 Estimated Authorizations: Authorization Level ...... 0 372 94 77 76 75 Estimated Outlays ...... 0 -8 171 201 136 75 Estimated Change in Outlays from Baseline—Budget Authority: Authorization Level ...... 0 0 0000 Estimated Outlays 0 0 0 518 465 345 Spending for Disaster Relief Under H.R. 707: Budget Authority/Estimated Authorization Level ...... 1,214 1,692 1,360 1,372 1,399 1,426 Estimated Outlays ...... 3,250 2,611 2,552 2,951 2,471 2,112 a H.R. 707 also would increase direct spending, but CBO estimates that such changes would be less than $500,000 a year. b The 1999 level is the amount appropriated for that year, including $906 million for an emergency supplemental appropriation provided in Public Law 105–277. The remainder of the 1999 level is the regular appropriation of $308 million. The levels shown for 2000 through 2004 are CBO baseline projections assuming increases for anticipated inflation. Alternatively, if the comparison were made to a baseline without discretionary inflation, the authorization level for current law would be $1,214 million each year, and the incremental change in estimated outlays would be $1.87 billion over the five years.

Spending Subject to Appropriation has already been appropriated, the legisla- eral contribution for administrative costs. H.R. 707 contains provisions that would re- tion would increase projected spending by Assuming an annual IFO program under cur- sult in both costs and savings to the federal the $80 million authorized for 2000. rent law of slightly more than $200 million, government. CBO estimates costs associated Other provisions also would increase costs. CBO estimates that the net effect of those with provisions that would: Authorize appro- For example, under current law, FEMA pro- changes would be to increase annual federal priations for predisaster mitigation, increase vides grants to states for postdisaster miti- costs by about $60 million. The estimates the federal contribution for mitigation costs, gation activities based on the total amount costs are lower in the first two years because combine the Individual Family Grant proof grants made for each major disaster. H.R. the consolidation would not take place until gram and the Temporary Housing Assistance 707 would increase the federal contribution 18 months after enactment. As part of the program, add several new reporting require- for postdisaster mitigation grants by one- consolidation, H.R. 707 would make several ments and establish an interagency task third for all major disasters declared after changes to the IFG and THA programs, in- force, remove a cap on grants for disaster as- January 1, 1997. Based on data provided by cluding broadening the type of assistance sistance plans, provide grants for improved FEMA, CBO estimates that raising the fed- available to disaster victims and empha- floodplain mapping technologies, and estab- eral contribution by one-third would result sizing the provision of financial assistance lish a pilot program to determine the desir- in an additional $247 million in grants to over the provision of temporary housing, ability of state administration of parts of states for disasters that occurred between CBO has no basis for estimating any costs or the disaster relief program. January 1997 and January 1999, by $61 million savings that could result from these other CBO estimates savings associated with pro- for the remainder of fiscal year 1999, and by changes. $92 million a year for each of the next sev- visions that would: Require certain PNPs to The legislation would require the Presi- eral years. The estimate of additional costs apply to the SBA for disaster loans, allow dent, FEMA, and GAO to prepare several re- for the remainder of 1999 and for fiscal years FEMA to use the estimated cost of facility ports, and would require the President to es- 2000 through 2004 assumes that payments repairs rather than the actual cost, and tablish an interagency task force to coordi- under current law would total about $275 eliminate the community disaster loan pro- nate the implementation of the predisaster million per year. In total, CBO estimates gram. mitigation program. Over the 1999–2004, CBO that implementing this provision would re- CBO cannot estimate the effects of provi- estimates that completing the five reports sions that would: Achieve long-run savings quire the appropriation of $768 million over and operating the task force would cost associated with the predisaster mitigation the 2000–2004 period. This estimate assumes around $2 million. efforts, reduce the amount of general assist- that the funds to pay for the provision would ance that FEMA can offer state and local come from future appropriations and that We also estimate that removing the yearly governments in lieu of providing its share of the outlays from the additional budget au- cap of $50,000 per state on the grants that are the costs to replace or repair a damaged fa- thority would occur over several years. made to states for improvement of disaster cility, and establish standardized rates for In addition, CBO estimates that combining assistance plans would increase such costs reimbursement of management costs. the Individual Family Grant program and by less than $500,000 a year. Based on infor- In addition, CBO estimates that outlays the Temporary Housing Assistance program mation from FEMA, we expect that it would would be accelerated by allowing the Presi- would result in higher costs of $30 million in rarely provide more than $50,000 in grants dent to disburse future appropriations for fiscal year 2001 and $60 million each year and that the amounts allocated above $50,000 disaster relief to states before projects are thereafter. Under current law, the federal would be small. completed, based on the estimated cost rath- share for the IFG program is 75 percent of Finally, CBO estimates that the provisions er than on the actual cost. the actual cost incurred. In addition, the fed- that would authorize grants for improved Provisions with Estimated Costs. H.R. 707 eral government contributes an amount flood plain mapping technologies and estab- would establish a program for predisaster equal to 5 percent of total IFG assistance to lish a pilot program for the devolution of hazard mitigation and would authorize the the states to help cover their share of the ad- certain responsibilities for the states would appropriation of $25 million for fiscal year ministrative costs. Combining the IFG and not significantly affect annual costs. FEMA 1999 and $80 million for fiscal year 2000 for THA programs would change the federal currently provides less than $500,000 a year in that program. Because the first $25 million match to 100 percent and eliminate the fed- grants for floodmapping technologies, and

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 0634 E:\BR99\E23MR9.000 E23MR9 March 23, 1999 EXTENSIONS OF REMARKS 5369 CBO expects that agency assistance in this to which states would participate in certain ments or transfers them to other federal area would not increase significantly. programs. agencies. Under current law, CBO expects Provisions with Estimated Savings. CBO esti- CBO cannot estimate the potential savings that the federal government will continue to mates that requiring certain PNPs to apply associated with the predisaster mitigation sell only a small number of units each year. to the SBA for a disaster loan before receiv- efforts proposed in this legislation. Mitiga- Consequently, we estimate that allowing ing funds from the disaster relief fund would tion efforts could achieve significant savings FEMA to retain and spend receipts from yield savings of approximately $4 million per if damages from future disasters are lessened sales of temporary housing would, on aver- year from 2000 through 2004. The savings as a result of the predisaster mitigation age, increase net direct spending by less than would result because the government would, measures provided for in the legislation, al- $500,000 a year. Any increase in offsetting rein some cases, be providing loans instead of though we expect that any savings in the ceipts relative to current law would be offset grants to these institutions. CBO estimates first five years would be small. by an equivalent increase in new spending. The legislation also would lower the that about 115 PNPs would receive SBA PAY-AS-YOU-GO CONSIDERATIONS loans instead of disaster relief grants, result- amount of general assistance that FEMA can The Balanced Budget and Emergency Def- ing in additional loans totaling about $5 mil- provide to state and local governments in icit Control Act sets up pay-as-you-go proce- lion. The estimated savings is the difference lieu of the federal government’s share of the dures for legislation affecting direct spend- between the reduction in FEMA assistance cost to repair or replace a facility. Under ing or receipts. Pay-as-you-go procedures and SBA’s subsidy cost for the new loans. current law, state and local governments can would apply to H.R. 707 because it would Based on data and information provided by elect to receive a payment equal to 90 per- allow FEMA to retain and spend any pro- FEMA, CBO estimates that allowing FEMA cent of the federal government’s expected ceeds from the sale of units of temporary to use the estimated cost of repairing or re- costs to repair or replace a damaged facility. housing. CBO estimates that allowing the placing a facility, rather than the actual H.R. 707 would lower that rate to 75 percent. agency to retain and spend such receipts cost, to provide assistance to state and local While lowering the contribution rate would would, on average, increase direct spending governments would result in administrative decrease disaster relief costs in cases where by less than $500,000 a year. savings at FEMA of approximately $46 mil- state and local governments continue to ac- lion in fiscal year 2002 and slightly larger cept general assistance, it also would in- ESTIMATED IMPACT ON STATE, LOCAL, AND amounts each year thereafter. Based on increase costs in those cases where states and TRIBAL GOVERNMENTS formation from FEMA, CBO estimates that, localities choose to forgo the general assist- H.R. 707 contains no intergovernmental on average, FEMA spends between $250 mil- ance and seek the federal share of repair mandates as defined in UMRA and would sig- lion and $300 million a year administering costs instead. The two effects could offset nificantly benefit the budgets of state, local, the public assistance program. The esti- one another. Thus, while the provision has and tribal governments. The legislation mated savings assumes that FEMA would re- the potential for substantial savings, CBO would authorize the appropriation of $80 mil- duce those costs by between 15 percent and 20 has no basis for estimating the amount of lion in 2000 to assist states in predisaster percent, primarily by eliminating staff and such savings. mitigation projects. If the necessary appro- contractors. FEMA would incur some addi- Finally, H.R. 707 also would require that priations are provided, it also would increase tional costs for operating the expert panel, the President establish by rule standardized the funds available to states for postdisaster estimating the cost of repairs with more pre- reimbursement rates that should reduce mitigation activities by an estimated $308 cision, and evaluating the accuracy of esti- FEMA’s administrative burden of compen- million for major disasters declared between mates. Administrative savings would not sating states for indirect costs not charge- January 1, 1997, and the end of fiscal year occur before fiscal year 2002 because H.R. 707 able to a specific project. Because it is un- 1999, and by about $92 million per year after would first require the President to establish certain how these rates would be established, that. In addition, beginning 18 months after an expert panel to develop procedures for es- CBO has no basis for estimating the amount enactment, the 25 percent state match for in- timating the cost of repairing or replacing a of potential savings. dividual and family grants and certain hous- facility. Provision Affecting the Timing of Outlays. ing assistance would no longer be required, Allowing FEMA to substitute the esti- H.R. 707 also would substantially increase reducing the burden on states by an estimated cost for the actual cost in providing the rate at which new budget authority is mated $60 million per year. These benefits disaster relief to state and local govern- spent from the disaster relief fund. Under would be partially offset by the repeal of the ments could also affect both the amount and current law, funds appropriated for such as- community disaster loan program, which the timing of assistance provided. Under the sistance are often spent years later. But we would result in a loss of about $25 million in legislation, if the actual costs of repair are expect that disbursements would occur more grants to communities each year. greater than 120 percent or less than 80 per- rapidly because of the provision allowing Estimated impact on the private sector: cent of the estimated costs, FEMA could re- FEMA to provide funds for disaster relief to The legislation would impose no new pri- ceive compensation for overpayments or pro- states and localities based on an estimate of vate-sector mandates as defined in UMRA. vide compensation for underpayments. The a project’s costs rather than on its actual Estimate prepared by: Federal Costs: John provision would not provide for adjusting as- costs. (This provision would not apply to R. Righter (226–2860). Impact on State, Local, sistance if the project’s actual costs fall be- FEMA’s current balances of previously ap- and Tribal Governments: Lisa Cash Driskill tween 80 percent and 120 percent of the esti- propriated funds.) CBO estimates that this (225–3220). mate. Thus, using an estimated cost could change would result in a net increase in out- Estimate approved by: Robert A. Sunshine, substantially increase or decrease the fed- lays of $1.3 billion over the 1999–2004 period, Deputy Assistant Director for Budget Anal- eral government’s cost to repair or replace but that it would have no net effect over the ysis. public facilities if these estimates consist- 1999–2009 period. Because H.R. 707 would re- ently fall below or above the actual costs of quire the President to convene an expert f panel within 18 months of enactment, this such projects. Because the federal govern- A TRIBUTE TO THE STONY BROOK ment spends well over a $1 billion each year estimate assumes that this provision would on such projects, a bias of 10 percent in ei- not affect relief for disasters that occur be- HIGH SCHOOL GIRLS BASKET- ther direction would change the annual cost fore fiscal year 2002. BALL TEAM of disaster relief by more than $100 million. Direct Spending Because we have no basis for predicting a If enacted, H.R. 707 would increase direct HON. MICHAEL P. FORBES bias in either direction, CBO cannot esti- spending by allowing FEMA to retain and OF NEW YORK mate the net change in the cost of disaster spend future proceeds from the sale of tem- relief projects from substituting estimates porary housing, such as mobile homes and IN THE HOUSE OF REPRESENTATIVES for actual costs. The effects of this provision manufactured housing. Under current law, Tuesday, March 23, 1999 on the timing of outlays are discussed below. receipts from the sale of such properties are Finally, based on data provided by FEMA, deposited into the general fund of the Treas- Mr. FORBES. Mr. Speaker, it is with great CBO estimates that eliminating the commu- ury (and thus are not available for spending). pride and emotion that I rise today in the nity disaster loan program would result in According to FEMA and the General Serv- House of Representatives to pay tribute to the savings of approximately $25 million each ices Administration, which conducts most girls high school basketball team from Stony year from 2000 through 2004. sales of personal property for the federal Brook, on Long Island. Culminating a success- Provisions with Effects CBO Cannot Estimate. government, since liquidating FEMA’s entire ful season, marked with 15 wins and 4 losses, CBO does not have sufficient basis to project inventory of temporary housing units in 1996, potential budgetary effects of some provi- the federal government has sold only a hand- the ‘‘Bears of Stony Brook’’ were crowned the sions of H.R. 707 because they depend upon ful of units. Instead of maintaining an inven- ‘‘1999 Suffolk County Class D’’ basketball the extent and nature of future disasters, the tory, FEMA now purchases new units to ac- champions. manner in which the Administration would commodate disaster victims and then either With a proud history, the girls basketball implement certain provisions, and the extent donates the unneeded units to take govern- team had to overcome past disappointments,

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 5370 EXTENSIONS OF REMARKS March 23, 1999 to band together as a team and win the cham- FEDERAL MONEY FOR MEDICAL garner a share of this new funding. This com- pionship. In the previous two years, the Bears RESEARCH petition is healthy and will lead to better had traveled to the Suffolk County tournament science. My own school will compete as hard as the next. only to be denied the prestigious champion- HON. CAROLYN B. MALONEY The National Institutes of Health (NIH), ship. This season, led by coach Keith Singer, OF NEW YORK though, faces a formidable challenge to allo- the girls were finally successful in their quest IN THE HOUSE OF REPRESENTATIVES cate money to research laboratories. Clearly, for the title. Their journey ended the weekend the funds must be spent in a wise and respon- of February 20 with the overwhelming victory Tuesday, March 23, 1999 sible manner. over Pierson High School. After receiving the Mrs. MALONEY of New York. Mr. Speaker, But which scientists working on what dis- number one seed in the playoffs, the Bears eases will get an infusion of money to throw I would like to share with my colleagues a re- their research into high gear or get it off the defeated Pierson High School, ranked second cent Op-Ed written by Dr. Arthur H. ground? How much ‘‘politics’’ must be con- in the tournament, by a score of 61–30. Rubenstein about the benefits federal money sidered? What markers will be laid out to The strong 15 and 4 record is a testament has produced for medical research. Dr. show if the money was wasted or well spent? to the hard work and determination of the Rubenstein is the Dean of the Mt. Sinai I don’t envy the NIH at all! Bears. Coach Keith Singer’s leadership kept School of Medicine in New York City, one of The Institute of Medicine recommends the these young women poised on winning the New York City’s and the country’s premiere public be given a strong say in this process championship. On the basketball court, the teaching hospitals. and that a public advisory board be created. Those are excellent and appropriate ideas. Bears were blessed with a well-balanced of- MORE AID MEANS MORE RESPONSIBILITY— The funding decisions must not be solely fensive team. Senior Rebecca Fischer led the FEDERAL MONEY PUTS MEDICAL RESEARCH made in meetings amongst administrators Bears offense by scoring 18 points, and add- ON THE THRESHOLD OF A GOLDEN AGE and scientists. ing 14 rebounds. Fellow senior, Sara Kiernan, (By Arthur H. Rubenstein) To maintain public support, the scientific further contributed to the bears success with community must make the public a greater NEW YORK.—Congress has now approved part of the discussion of what could be lit- 13 points. The team’s success would not have billions of dollars in research money to com- occurred without their determination and team- erally life and death decisions for genera- plete the elements of what could be the Gold- tions to come. work. en Age of Medical Research. But we, as scientists and leaders of the The Bears’ success is also attributed to their We now have scientific excellence, out- academic community, must also be mindful dominating defensive style. The team has standing technology, public support and that our individual and collective actions frustrated numerous teams with their suffo- greatly increased funding aligned to make are appropriately facing a higher level of cating defensive play. Led by senior Sara possible a quantum leap forward in our scrutiny than ever before. We must embrace search for better treatments, prevention and Kiernan, who amassed five steals, the Bears this examination, respond appropriately, or hopefully cures of some of the most dreaded else face great peril. put together a stringent zone defense. The diseases on earth. We have an obligation to find ways to success of their defense is most easily seen But as we celebrate this unique oppor- share our work with the lay public, to do our in their domination of rival Pierson. In the final, tunity, scientists and physician researchers best to make it intelligible to non scientists. the Bears’ defense devastated Pierson. In the must understand that with it comes a new, We have an obligation to be cautious with first period, Pierson was held to a mere 7 and perhaps higher, level of responsibility. If our pronouncements of progress. points. Overall, Pierson was only able to score we ignore this responsibility, we risk losing As exciting as incremental progress is to 30 points against the Bears, despite being this newly won support. the scientist, its reality, that it is progress A combination of forces has brought us to but not yet a cure, can be exceptionally ranked second in the County. this unique opportunity. cruel to the human being looking for solace. The work ethic and determined spirit of this The media continues to follow the rapid We have an obligation to shun fleeting fame high school basketball team are a true reflec- pace of scientific breakthroughs and gives when it is premature, and fortune when its tion of my Congressional District. The entire medical news front page status. potential jeopardizes the credibility of our community is filled with pride for these young The public, particularly patients and their work. women, who have worked so hard and sac- families, clamor for life saving and life pro- Science is tantalizingly close to so many rificed so much to reach their goal. So I ask longing treatments. discoveries! To me, it is simply breathtaking my colleagues in the U.S. House of Rep- In addition, many recent discoveries are to even begin to comprehend that within five now being applied in actual practice. Lead- to ten years we may—I underscore ‘‘may’’— resentatives to join me and all my neighbors ing lawmakers in Congress took particular have the understanding to cure or prevent in saluting the Stony Brook Bears, the ‘‘1999 notice of these forces during the last con- various infectious diseases, mental illnesses, Suffolk County Class D’’ girls high school bas- gressional session. Realizing that a big boost birth defects, and would be killers like heart ketball champions. in funding could capitalize on the inten- disease, cancer, AIDS, and diabetes. f sifying scientific knowledge of the past dec- If the medical and research communities ade, thoughtful lawmakers brought about a are perceived as not using public funding PERSONAL EXPLANATION $2 billion increase in the NIH budget. wisely or let false optimism blind us to the As a physician and a Dean of a major med- often unpredictable nature of scientific ex- ical school, I am elated over this oppor- ploration, we will have failed in a monu- HON. ROGER F. WICKER tunity. During my lifetime, basic science has mental and tragic manner. OF MISSISSIPPI advanced and accelerated so rapidly that we Besides the discoveries lost or delayed, and IN THE HOUSE OF REPRESENTATIVES are on the verge of unprecedented discov- the lives that would be affected, there could be a public backlash against those who failed Tuesday, March 23, 1999 eries. Just 45 years after the discovery of the structure of DNA, we are on the road to ex- to act responsibly. Mr. WICKER. Mr. Speaker, on rollcall No. amining how tens of thousands of genes func- The Golden Age of Medical Research then 52, on House Congressional Resolution 24, tion. would be replaced by an era of suspicion and Expressing Congressional Opposition to the That will be the key to understanding how skepticism about science’s ability to improve life. Unilateral Declaration of a Palestinian State, I many diseases occur. And that is the shaft of was unavailable to vote because I was return- light that can lead us to curing or control- f ling the disease. ing from a bipartisan Congressional Delega- We will look back on these years with the IN MEMORY OF JAMES E. CADO tion trip to Russia. The objectives of this four- same awe as was felt for the wondrous age day trip included meetings with the Russian after Newton discovered the Laws of Motion Duma and other governmental officials con- or Einstein discovered the Laws of Rel- HON. IKE SKELTON OF MISSOURI cerning the missile defense threat as outlined ativity. IN THE HOUSE OF REPRESENTATIVES in the report of the Rumsfeld Commission. Our However, if I put my own scientific excite- delegation was joined in Moscow by former ment to the side for a moment and focus on Tuesday, March 23, 1999 my role as the leader of an entity which de- Secretary Don Rumsfeld and two members of pends heavily on research funding, I must Mr. SKELTON. Mr. Speaker, it has come to his commission, Mr. Jim Woolsey and Mr. Wil- also offer a cautious warning about this my attention that James E. Cado of Lexington, liam Schneider, Jr. great rush forward. MO, passed away on February 4, 1999. Had I been present, I would have voted All over the country, in clinical and re- Born November 27, 1936 in Lexington, MO, ‘‘yea.’’ search laboratories, the scramble is on to the son of Henry and Minnie Margaret

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 March 23, 1999 EXTENSIONS OF REMARKS 5371 (Rostine) Cado, Mr. Cado married Janet Lee neers who have been privileged to work with things, but a lot of people die a long, horrible Dickmeyer on December 27, 1958. He was a him. He leaves a tremendous legacy for excel- death. They die of smoking. It could happen graduate of Wentworth Military Academy Jun- lence and advocacy for partnership between to you if you make one bad decision. Think ior College in Lexington and a 1959 graduate of it this way—if you choose to smoke, you’ll the federal and local governments that will live be doing something really stupid. You could of the University of Missouri. He received his on at the Corps of Chicago District for many get very sick or even die. That wouldn’t be Masters in Mathematics degree in 1964 from years to come. worth it, would it? The worst part is it would Central Missouri State University, I ask my colleagues to join in honoring this be all your own fault! Warrensburg, MO. excellent public servant, Rich Carlson, and to Some teenagers and younger children start Mr. Cado, a friend of mine through the the wonderful example he has set for others. smoking for some really silly reasons. Some kids may want to join a popular group at years, was a good role model who gave en- f couragement to many students. He was a school, and think smoking will make them teacher for 35 years at Lexington R–5 School TRIBUTE TO EMILY MARKS look older. Some girls think smoking will SKOLNICK make them look cool and boys will like them District, retiring in 1994. He was also a mem- more. What they don’t know is if what hap- ber of the United Methodist Church, Lexington, pened on the inside of your body happened on and the Missouri Teacher Association. HON. ANNA G. ESHOO the outside, you would look really ugly. Mr. Speaker, I know the Members of the OF CALIFORNIA If you think that most kids smoke, you’re House will join me in extending heartfelt con- IN THE HOUSE OF REPRESENTATIVES wrong. The average kid doesn’t smoke, and if dolences to his wife, Janet; one son, Mark; you’re anywhere near average, you won’t ei- Tuesday, March 23, 1999 one daughter, Lee Ann O’Brien; two sisters, ther. You could really hurt yourself. You two grandsons and two granddaughters. Ms. ESHOO. Mr. Speaker, I rise today to could get lung cancer, throat cancer, gum honor Emily Marks Skolnick, an extraordinary cancer, or lip cancer. These are only some of f the horrible diseases you can get from smok- citizen of San Mateo County, California, who TRIBUTE TO RICHARD E. CARLSON ing. And think, you could die just from try- will be inducted into the San Mateo County ing to be cool. Women’s Hall of Fame on Friday, March 26, Another reason you may start smoking is HON. WILLIAM O. LIPINSKI 1999. that a family member or really good friend OF ILLINOIS Emily Marks Skolnick has pursued her quest may already smoke. You might think that IN THE HOUSE OF REPRESENTATIVES for human rights, equality and economic jus- it’s harmless. You may think, I’ll try one tice since she was a child. A 1937 Phi Beta smoke, and if I don’t like it I won’t have any Tuesday, March 23, 1999 more. Well, it’s not that easy. Smoking is Mr. LIPINSKI. Mr. Speaker, it gives me Kappa graduate of Wellesley College where addictive. That means that once you start great pleasure to rise today and recognize an she majored in Labor Economics, Emily has something you can’t stop. Once you try, it outstanding citizen from Chicago, Illinois. Mr. given generously of her time and resources as could be too late. Richard Carlson will be retiring from his distin- a volunteer for over 60 years. She fought for I don’t intend to smoke. You shouldn’t either. Don’t let anything interfere with your guished career with the Chicago District of the school desegregation in the 1940s, helping to instigate the landmark Brown v. Board of Edu- dreams. Just don’t try smoking. It’s not U.S. Army Corps of Engineers later this healthy. month. He is a Chicago institution in the water cation case. In 1946 she helped found the Co- resources field and will be retiring after a sig- Op Nursery School and organized a pilot pre- f nificant 36-year career with the Corps in the school program which was a model for the INTRODUCTION OF THE VETERANS planning and management of civil works Headstart program. She participated in the de- EXPEDITED MILITARY MEDALS projects. segregation of the San Mateo Union High ACT Rich began his career with the Corps after School District in the 1950s, and in 1958 she graduating from the University of Illinois in led a field study which resulted in passage of HON. LANE EVANS 1963, where he worked his way through the the San Mateo City Fair Employment Prac- tices Ordinance. Emily helped launch the Law- OF ILLINOIS ranks to become Chief of the Planning Divi- IN THE HOUSE OF REPRESENTATIVES sion. Since 1988, Rich has held the position of rence Child Care Center and the local chapter Deputy District Engineer for Programs and of the ACLU. Tuesday, March 23, 1999 Project Management. During his tenure, Rich Mr. Speaker, Emily Marks Skolnick is an ex- Mr. EVANS. Mr. Speaker, today I am intro- was instrumental in the development of the traordinary woman. I salute her for her reducing the Veterans Expedited Military Medals reservoirs for the award-winning Chicago Tun- markable contributions and commitment to our Act, legislation that will address an inexcus- nel and Reservoir Plan (TARP) which is au- community and I ask my colleagues to join me able situation—the growing backlog at the De- thorized for over $600 million in flood control in honoring and congratulating her on being partment of Defense in providing replacement reservoirs. The construction of these res- inducted into the San Mateo County Women’s military medals and unawarded decorations to ervoirs will reduce flooding to over 500,000 Hall of Fame. our Nation’s veterans. homeowners and will improve the water qual- f Unfortunately it can now take years for veterans to receive medals that they earned ity of the Chicago area rivers and streams. DON’T SMOKE Rich was also instrumental in the develop- through their service to our Nation. I know ment, authorization and recent approval of the from personal experience. In my own congres- Chicago Shoreline Project. This project, which HON. MARGE ROUKEMA sional district there are several veterans, some Rich helped formulate, will allow for a partner- OF NEW JERSEY who have waited over two years, to receive ship with the Corps and the City of Chicago IN THE HOUSE OF REPRESENTATIVES medals they earned, but were never awarded. for construction of a $270 million shoreline Tuesday, March 23, 1999 One veteran from the town of Milan, Illinois restoration project protecting Chicago’s lake- has waited almost two years to receive his Mrs. ROUKEMA. Mr. Speaker, I rise to draw front from collapse and loss of many millions Good Conduct Medal. Another vet from attention to an excellent composition on the of dollars in public lands and infrastructure. Princeton has tried to get his American Cam- Throughout his career, Rich has received dangers of smoking written by Katherine paign Medal, but has now waited almost a many awards and distinguished recognition for Sommer, a student at Byrd Elementary School year with no results. My district office has pur- this unique design efforts, including the pres- in Glen Rock, New Jersey. The composition sued these cases aggressively, but the reality tigious Society of American Engineers Goe- was the winning entry in a competition held as is that no amount of pressure the follow- thals Award for engineering design and meth- part of a week-long anti-smoking program cur- through can overcome what is essentially a re- ods in 1996. The O’Hare Reservoir, dedicated rently under way at Byrd Elementary. The source problem. in 1998, which Rich was also instrumental in, composition is as follows. The issue revolves around back-up cases. received the Illinois Section of the American DON’T SMOKE The personnel centers who process applica- Society of Civil Engineers design award in (By Katherine Sommer) tions for the separate services for never- 1998. Things can happen. Some things can’t be issued awards and replacement medals have Rich Carson has been a tremendous leader helped. Some things can. Some people die of accumulated unconscionable backlogs in rein his field and mentor to the scores of engi- old age, heart attacks, and many other quests by veterans. In one personnel center

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 5372 EXTENSIONS OF REMARKS March 23, 1999 alone, around 40,000 requests have been al- trepreneur and learn the responsibility of run- Study Center, a unique multi-specialty pro- lowed to back up. The resulting time delays ning a company. gram at New York University School of Medi- have denied veterans across the Nation the Lewin has served for 45 years with the cine. medals and honors they have rightfully Grange League Federation and is a member The NYU Child Study Center is an innova- earned. of the National Potato Council, Potato Board, tive program dedicated to offering complete DOD claims that it doesn’t have the people Potato Advisory Committee of Cornell Cooper- child and adolescent psychiatric care that is or resources to speed up the process. But it ative Extension, Farm Credit Board and the fully integrated with scientific research and wouldn’t take much to make a dent in the advisory board for Cornell University’s re- education. problem. For example, the Navy Liaison Office search lab. Mr. Lewin is also involved in many The Center’s research considerably ad- was averaging a relatively quick turnaround notable community organizations, such as the vances the understanding of the causes and time of only four to five months when it had Lions Club in which Lewin has had a 25-year treatments of child mental disorders. In addi- only five personnel working cases. Now that it membership. Lewin is also a proud trustee of tion, the Center collaborates with public, paro- has only three people in the office, it is having the Baiting Hollow Congregational Church. chial and private school systems to provide in- a hard time keeping up with the crush of re- Mr. Freeman was the 1999 recipient of the valuable preventive resources to families. quests. DOD must make putting more re- Long Island Farm Bureau’s Citizen Award for The NYU Child Study Center is an indispen- sources towards this problem a priority. How- his contributions to the community. This honor sable resource for parents, educators and ever, it seems like the same old story—our is a true testament to his work in helping his child health and mental health professionals government forgets the sacrifices servicemen fellow farmers. Mr. Freeman has worked as an both in New York and across the United and women have made as soon as they leave Cornell Cooperative Extension educator to di- States. military duty. We can do better. rectly help the farmers in his community. His The premier clinicians at the NYU Center My legislation, which is the companion bill to role as educator is to instruct owners and implement the knowledge gained from re- Senator HARKIN’S legislation in the Senate, managers of commercial production and mar- search and translate it into care that incor- would direct the Secretary of Defense to es- keting firms in greenhouses and related indus- porates the most up-to-date information about tablish and carry out a plan to make available tries. His efforts have helped local businesses the causes, symptoms and treatments of men- the funds and resources necessary to elimi- increase their profit and productivity. tal disorders. nate the backlog in decoration requests. The Mr. Freeman is also a widely published au- Some of the programs in the Center’s clin- bill would also direct that funding and re- thor and a frequent speaker. He is known na- ical care area include: Furman Diagnostic sources should not come at the expense of tionally and internationally for his expertise in Service to assess treatment and long-term fol- other personnel service and support activities floriculture. In the community, Mr. Freeman is low up; NYU Summer Program for Kids with within DOD. It is a common sense approach an active member of the Eastport Bible ADHD; Young Adult Inpatient Program; Port which will allow DOD to be involved in solving Church and Gideon’s International. Washington Alternative Learning Program for the situation while structuring a quick and di- Mr. Speaker, I ask my colleagues in the at-risk adolescents; Family Studies Program to rect solution to the problem. U.S. House of Representatives to join me in prevent future problems in couples and fami- I am proud that the legislation enjoys the honoring the efforts of these two very special lies at risk; Prevention and Relationship En- support of the Veterans of Foreign Wars Long Islanders who have devoted their lives to hancement Program to promote healthy rela- (VFW). I hope that it is something Congress help others. I only hope that we learn from tionships; Unique Minds, to assist families of can quickly act on in the near future. I urge all these two individuals and that they continue learning disabled children; and NYU Child of my colleagues to join me in sponsoring this their fine work in our community. Study Center East for children with Attention Deficit Hyperactivity Disorder and learning dis- legislation which would follow through on our f commitment to ensure that the service of our orders. The Center’s other main missions include fighting men and women is properly honored PERSONAL EXPLANATION advanced training for mental health profes- and not forgotten. HON. ROGER F. WICKER sionals; research in areas such as pediatric f psychopharmacology, children at risk, atten- OF MISSISSIPPI A TRIBUTE TO MR. ERNIE LEWIN tion deficit hyperactivity and related disorders, IN THE HOUSE OF REPRESENTATIVES AND MR. RALPH FREEMAN and child and adolescent anxiety disorders; Tuesday, March 23, 1999 and educational outreach and prevention for HON. MICHAEL P. FORBES Mr. WICKER. Mr. Speaker, on rollcall No. parents, educators, pediatricians and other mental health professionals. OF NEW YORK 51, on House Congressional Resolution 774, Mr. Speaker, I am honored to bring to your IN THE HOUSE OF REPRESENTATIVES Women’s Business Center Amendments Act of 1999, I was unavailable to vote because I attention the NYU Child Study Center. The Tuesday, March 23, 1999 was returning from a bipartisan Congressional Center provides an invaluable service to New Mr. FORBES. Mr. Speaker, I rise today in Delegation trip to Russia. The objectives of York’s children and their families, and for chil- the House of Representatives to pay tribute to this four-day trip included meetings with the dren across the country. It is an honor to have two very special Long Island citizens, Mr. Russian Duma and other governmental offi- such an important institution located in my dis- Ernie Lewin and Mr. Ralph Freeman. These cials concerning the missile defense threat as trict. two citizens recently received well-deserved outlined in the report of the Rumsfeld Com- f honor for their service to Long Island’s commission. Our delegation was joined in Moscow TRIBUTE TO CAPTAIN DALE O. munity. Throughout their career as farmers on by former Secretary Don Rumsfeld and two SNODGRASS Long Island, both individuals have greatly ben- members of his commission, Mr. Jim Woolsey efited their fellow farmers and their less fortu- and Mr. William Schneider, Jr. HON. IKE SKELTON nate neighbors. Had I been present, I would have voted OF MISSOURI Mr. Lewin received the Amherst Davis Me- ‘‘yea.’’ IN THE HOUSE OF REPRESENTATIVES morial Farmer Citizen Award at the Long Is- f land Farm Bureau’s annual awards dinner Tuesday, March 23, 1999 dance, held on Saturday, March 27. This IN HONOR OF THE NEW YORK UNI- Mr. SKELTON. Mr. Speaker, today I wish to honor recognizes the many sacrifices that Mr. VERSITY CHILD STUDY CENTER recognize a truly outstanding naval officer, Lewin has made over his career to aid the Captain Dale O. Snodgrass, U.S. Navy. Cap- less fortunate. His farm in Calverton, Long Is- HON. CAROLYN B. MALONEY tain Snodgrass will soon be completing his as- land regularly donates surplus produce to local OF NEW YORK signment as the Director of the Navy Liaison soup kitchens and churches. He has also IN THE HOUSE OF REPRESENTATIVES Office to the House of Representatives, which helped to set up a program where people can will also bring to a close a long and distin- pick their own produce and operate their own Tuesday, March 23, 1999 guished career in the U.S. Navy. It is a pleas- farm stand. This program has enabled many Mrs. MALONEY of New York. Mr. Speaker, ure for me to recognize just a few of his many people to get first hand experience as an en- I rise today to pay tribute to the NYU Child outstanding achievements.

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 March 23, 1999 EXTENSIONS OF REMARKS 5373 A native of Long Island, New York, Captain him every success, as well as fair winds and and the school district should be commended Snodgrass graduated from the University of following seas, always. and mirrored in schools across our Nation. As Minnesota and was commissioned an Ensign f a former teacher myself, I know how ex- in August 1972. He was designated a naval tremely important it is to teach children to say TRIBUTE TO CAROL FOREST Aviator in December 1973. He reported to no to tobacco. This is a problem that adds Fighter Squadron 124 as one of the first two thousands of children to the tobacco addiction newly winged Aviators selected for F–14 train- HON. ANNA G. ESHOO rolls every day. One of the most effective ing. After being the first non-fleet experienced OF CALIFORNIA ways to stop it is through educational initia- Aviator to carrier qualify the F–14, he reported IN THE HOUSE OF REPRESENTATIVES tives similar to the one we are seeing at Byrd to Fighter Squadron 142 in January 1975. Tuesday, March 23, 1999 Elementary School. Completing his tour in May 1978, he reported to Fighter Squadron 101, the F–14 Training Ms. ESHOO. Mr. Speaker, I rise today to As a Member of Congress, I have long sup- Squadron, as a Flight Instructor and Landing honor Carol Forest, an extraordinary citizen of ported legislation that would limit the spread of Signal Officer. Following his Instructor tour, he San Mateo County, California, who will be in- tobacco addiction to young people. It is essen- reported to Carrier Air Wing 8 as the Senior ducted into the San Mateo County Women’s tial that we stand up for the health of our chil- Landing Signal Officer. Hall of Fame of Friday, March 26, 1999. dren and help keep them from becoming ad- After a 2 year tour in Air Wing 8, he re- Carol Forest has spent more than thirty dicted to the most widespread drug threat- ported to Fighter Squadron 43 as an Adver- years in education and has dedicated herself ening our society—tobacco. The average sary Instructor, serving as Operations Officer. to alternative education. She was instrumental smoker takes his or her first puff of a cigarette Returning to the Fleet in January 1985, Cap- in the establishment of the Jefferson Union at age 11. If adults choose to smoke, that’s a tain Snodgrass served in Fighter Squadron High School District’s GED Center in 1986, poor decision but one they are allowed to 143 as Operations and Maintenance Officer. and under her leadership, this program has make for themselves. But if children are lured In 1986 Captain Snodgrass was selected as grown from graduating fifty students per year into smoking, that is a moral crime and should the Navy’s ‘‘Fighter Pilot of the Year’’ and to more than two hundred per year. Carol has be a statutory crime. ‘‘Top Cat of the Year.’’ focused on getting at-risk youth back on track. Reporting to Fighter Squadron 101 in Janu- She’s done this through providing counseling, Last year, I was a co-sponsor of the NOT ary 1988, he served as the Executive Officer intervention and prevention programs, voca- for Kids Act, which would raise the price of a until May 1988. Captain Snodrgrass subse- tional training and employment services. pack of cigarettes by $1.50 over 3 years. quently joined Fighter Squadron 33 as Execu- In 1990 she helped to form the Daly City Raising the price of cigarettes has a direct and tive Officer later the same month. He assumed Youth Health Center. This facility has secured measurable impact on reducing smoking command of Fighter Squadron 33 in Sep- over $2 million in grant funding and has pro- among children. From 1982 to 1992, the price tember 1989, while embarked in the U.S.S. vided critical services to over seven thousand of cigarettes went up 50 percent and the per- America (CV 66) in the Red Sea. Upon com- teens. Since its inception the staff has grown centage of teen-agers who smoke steadily pletion of his sixth deployment, he led his from five to thirty one and includes three paid dropped. Cigarette prices leveled off in 1992 squadron through an accelerated training teen health advocates. and we’ve seen an increase since. cycle that culminated with combat operations Carol Forest did not stop there. She also I have also supported the national settle- in support of ‘‘DESERT STORM.’’ His Com- established the Tools for Survival Program ment of tobacco lawsuits. First, we must be manding Officer’s tour ended with yet another which gives added support to high school certain that none of the settlement money is underway Change of Command in the Red dropouts who are seeking their Graduate diverted by the federal government. To ensure Sea in February 1991. Equivalent Degree. Carol has been instru- that, I have co-sponsored H.R. 351. At least Captain Snodgrass then reported to the mental in establishing the San Francisco Bud- part of the money from these settlements U.S.S. Theodore Roosevelt (CVN 71) as Navi- dhist Center, where she mentors other women should be used for public education programs gator. Assuming additional duties as Battle in their search for spiritual development. about the dangers of smoking to young peo- Group Navigator, he planned coordinated and Mr. Speaker, Carol Forest is an outstanding ple. These programs should be directed at our safely executed Battle Group navigation and woman and I salute her for her compassion, transit in the Red Sea, Mediterranean, Atlan- for her vision and for her commitment to mak- young people through their schools so that we tic, and Caribbean. His Navigation Department ing sure every child has a chance. I ask my can reach them before it is too late. It is far and Staff was subsequently selected for the colleagues to join me in honoring her on being more effective to prevent tobacco addiction U.S. Atlantic Fleet’s Navigation award for inducted into the San Mateo County Women’s that to stop it once it has begun. 1992. Transferring in March 1993, he reported Hall of Fame. It is important to note that the anti-smoking to the Chief of Naval Operations for Air War- f effort in Glen Rock goes beyond the school fare as Head, Aviation Manpower, Under- system. Matthew Kopacki, owner of Rock graduate Flight Training and Trainer Aircraft CONGRATULATING STUDENTS OF Ridge Pharmacy, has stopped selling ciga- sections. In September 1994, Captain BYRD ELEMENTARY SCHOOL rettes in his pharmacy after the death of one FOR THEIR ANTI-SMOKING PRO- Snodgrass reported as Commander, Fighter of his employees from lung cancer. Mayor GRAM Wing, U.S. Atlantic Fleet. Under his command, Jacquelyn Kort is among those speaking at TOMCAT precision strike and single citing of Byrd Elementary School. And the New Jersey the entire community as NAS Oceana became HON. MARGE ROUKEMA Breathes program is being supported by the a reality. His tour as Commodore ended with OF NEW JERSEY Robert Wood Johnson Foundation. a Change of Command in January 1997. In IN THE HOUSE OF REPRESENTATIVES February 1997, Captain Snodgrass relocated I would like to ask all my colleagues in the Tuesday, March 23, 1999 to Washington, DC, as Director, Navy Liaison, U.S. House of Representatives to join me in U.S. House of Representatives. Mrs. ROUKEMA. Mr. Speaker, I rise to con- thanking Principal Hal Knapp, Mayor Kort, Mr. Speaker, Dale Snodgrass has made gratulate the students of Byrd Elementary Nurse Mullane, Mr. Kopacki, New Jersey many sacrifices during his 26 year naval ca- School in Glen Rock, New Jersey, on their ef- Breathes Director Dr. Larry Downs and all the reer. Dale has spent a significant amount of forts to spread the word about the dangers of teachers and other staff involved in this impor- time away from his family to support the vital smoking. The students, assisted by represent- tant project. But beyond this group, I want to role our naval forces play in ensuring the se- atives of the New Jersey Breathes program, make a special appeal to the parents, grand- curity of our great Nation. Captain Snodgrass, are conducting a week-long tobacco aware- parents, aunts, uncles, big sisters and broth- a great credit to the U.S. Navy and the coun- ness program, including a school-wide assem- ers and all other adults who play an influential try he so proudly served, will retire on 23 bly, demonstrations, a poster contest and a role in the lives of the students of Byrd Ele- March 1999 and move to St. Augustine, Flor- composition contest. In addition, the school mentary School. We all know that children imi- ida. As he now prepares to depart the Navy nurse, Ms. Judy Mullane, has visited each tate the behavior of adults. Please set a good for new challenges ahead, I call upon my col- class to discuss smoking and health. The ini- example for these and all children by not leagues from both sides of the aisle to wish tiatives taken by these students, their teachers smoking.

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 5374 EXTENSIONS OF REMARKS March 23, 1999 A FREE PRESS IS ESSENTIAL FOR While the Russian Constitution offers firm H. CON. RES. 67 THE FUTURE FREEDOM IN RUS- guarantees of freedom to the news media, Expressing the sense of the Congress that SIA—HOUSE CONCURRENT RESO- such protections have not prevented numer- freedom of the news media and freedom of LUTION 67 ous violations of this principle. The State De- expression are vital to the development and partment’s Country Reports on Human Rights consolidation of democracy in Russia and that HON. TOM LANTOS Practices for 1998, which was released just the United States should actively support such OF CALIFORNIA last month, states that during 1998 ‘‘federal, freedoms. Whereas the end of the Cold War and the IN THE HOUSE OF REPRESENTATIVES regional, and local governments continued to exert pressure on journalists by depriving collapse of the Soviet Union has brought new Tuesday, March 23, 1999 them of access to information, using accredita- and unique opportunities for democratic polit- Mr. LANTOS. Mr. Speaker, today I am intro- tion procedures to limit access, removing them ical change and the development of market- ducing House Concurrent Resolution 67, from their jobs and bringing libel suits against oriented economic reform in Russia, but the which expresses the sense of the Congress them, and violating their human rights.’’ Fur- recent economic difficulties in that country that freedom of the news media and freedom thermore, the State Department estimates that have created turbulent and difficult conditions of expression are vital to the development and ‘‘between 250 and 300 lawsuits and other for the Russian people; consolidation of democracy in Russia and that legal actions were brought by the Government Whereas one of the most important means the United States should actively support such against journalists and journalistic organiza- of assuring the continuation of democratic freedoms. Joining me in introducing this legis- tions during the year in response to unfavor- government and the ultimate guarantee of in- lation are the gentleman from New York, Mr. able coverage of government policy or oper- dividual freedom and respect for human rights GILMAN, the chairman of the Committee on ations. . . . In the vast majority of such cases, is an open, independent and free news media; International Relations; the gentleman from the Government succeeded in either intimi- Whereas a free news media can exist only Connecticut, Mr. GEJDENSON, the ranking dating or punishing the journalist.’’ Mr. Speak- in an environment that is free of state control Democratic member of the Committee on er, this is a dangerous and an ominous prece- of the news media, that is free of any form of International Relations; and the gentleman dent, one that could be exploited in the future state censorship or official coercion of any from Nebraska, Mr. BEREUTER, who is a senior by autocratic leaders to trample on the lib- kind, and that is protected and guaranteed by member of the Committee. erties of the Russian people. the rule of law; Mr. Speaker, we are introducing this legisla- The threats to the Russian media vary both Whereas freedom of the news media and tion today because this afternoon the Prime in their nature and their severity. The State freedom of expression in Russia today are Minister of Russia. Yevgeny Primakov, arrives Department identifies an alarming range of threatened by elements in the Government, in the United States for meetings with Vice specific cases, from the efforts of federal tax the Duma and elsewhere throughout Russian authorities to shut down Novaya Gazeta (a society which are opposed to freedom of the President GORE. I doubt, Mr. Speaker, that media freedom in Russia is a leading topic on Russian daily ‘‘known for its relative independ- press and freedom of expression; Whereas the State Department’s Country the agenda for the meetings that are sched- ence and aggressive reporting on corruption at Reports on Human Rights Practices for 1998 uled to take place over the next few days dur- high levels’’) to the detention of well-known journalist Irina Chernova, who was allegedly notes that ‘‘federal, regional, and local governing Prime Minister Primakov’s visit to our blackmailed by Volgograd police officers. Ac- ments continued to exert pressure on journal- country. It is an issue, however, that ought to cording to the report, the officers were ‘‘threat- ists by depriving them of access to informa- be very high on that agenda. tion, using accreditation procedures to limit ac- This resolution expresses our unequivocal ening to release pictures and videotapes of her engaged in sex acts’’ in response to crit- cess, removing them from their jobs and bring- belief in the necessity of a free and vibrant ical articles about the department’s performing libel suits against them, and violating their news media in Russia. No other institution is ance. Mr. Speaker, I strongly encourage my human rights’’; as essential to the growth of a democratic so- colleagues to carefully examine the State De- Whereas the Country Reports further notes ciety than a press unhindered by pressure partment’s report in order to obtain a better that in the past year ‘‘between 250 and 300 from governmental authorities, one with the understanding of the seriousness and scope lawsuits and other legal actions were brought unquestioned ability to shed light upon the of this problem. by the Government against journalists and deeds and intentions of those with power and My concerns about this serious matter were journalistic organizations during the year in re- influence. Russia—a nation which has been piqued last week by the Russian Duma’s pas- sponse to unfavorable coverage of govern- fighting for the last decade to replace com- sage of legislation to tighten state control of ment policy or operations’’ and ‘‘in the vast munist oppression with strongly-rooted institu- television and radio. If it becomes law, this bill majority of such cases, the Government suc- tions that respect individual freedoms—must would provide a government-appointed ‘‘su- ceeded in either intimidating or punishing the ensure the independence of its media in order preme council’’ with unreasonable powers to journalist’’; and to maintain and continue the progress of the regulate media content, and the council would Whereas the Duma recently adopted legisla- last ten years. have the authority to suspend or revoke a tion establishing a ‘‘Supreme Council’’ with a The enormity of the Russian reform process broadcaster’s license. I ask my colleagues to mandate to review the content of television is breathtaking, and few can doubt the suc- join me in urging President Boris Yeltsin to and radio programs and authority to suspend cess of governmental initiatives in drastically veto this misguided and dangerous initiative. and/or revoke a broadcaster’s license: Now, improving the human rights situation across Mr. Speaker, one of this century’s great therefore, be it this immense Nation. I vividly recall my service statesman, President Dwight David Eisen- Resolved by the House of Representatives in this House during the 1980’s, when many of hower, voiced the following words of reason (the Senate concurring), That it is the sense of us, Republicans and Democrats alike, worked forty-five years ago when he delivered the the Congress that— doggedly to oppose the repressive policies commencement address at Dartmouth Col- (1) a free news media is vital to the devel- and practices of the Soviet regime. We fo- lege: ‘‘Don’t join the book burners. Don’t think opment and consolidation of democracy and cused attention of the persecution of Nobel you’re going to conceal faults by concealing the development of a civil society in Russia: Laureate Andrei Sakharov, of political dis- evidence that they ever existed.’’ I sincerely (2) freedom of the news media and freedom sidents locked up in Siberian gulags, and of hope that the leaders of Russia will honor this of expression must be safeguarded against my friend Natan Sharansky, then an impris- advice, and that they will recognize that the those forces which would limit or suppress oned refusnik and now a senior minister in the free exchange of ideas is the foundation of these fundamental human rights; government of Israeli. any stable democracy. (3) Russian Government leaders, including Fortunately, those days are behind us. But It is important that we here in the Congress the President, the Prime Minister, and Mem- without the fundamental building blocks of a affirm our commitment to the principles of bers of the Russian Parliament, should fully democratic society, the most notable of which freedom of expression and freedom of the support freedom of the news media and the involves freedom of the media and freedom of media. Our resolution does this in clear and right of free expression in Russia; expression, such advancements may only be unequivocal terms. I invite my colleagues to (4) the United States should actively support temporary. The means of informing the citi- join in cosponsoring this important legislation, freedom of expression and freedom of the zenry must not be obstructed. Tyranny knows Mr. Speaker, and I ask that the text of the res- news media through our programs of assist- no better friend than silence. olution be placed in the RECORD. ance to Russia;

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 March 23, 1999 EXTENSIONS OF REMARKS 5375 (5) when considering requests by the Rus- 1988 to 1992, he served as the 15th Air Force A TRIBUTE TO THE MUSEUMS AT sian government for loans or other economic Staff Judge Advocate at March Air Force STONY BROOK assistance from the International Monetary Base, California. In 1992, Colonel Rothenburg Fund and other international financial institu- was selected to serve as the Director of the HON. MICHAEL P. FORBES tions, the United States government should United States Air Force Judiciary in Wash- OF NEW YORK take into account the extent to which Russian ington, DC. As Director, Colonel Rothenburg IN THE HOUSE OF REPRESENTATIVES government authorities support the full, free, oversaw a 3.5 million dollar budget and 350 and unfettered freedom of the news media Tuesday, March 23, 1999 people directly involved in the Air Force’s and freedom of expression in deciding wheth- Mr. FORBES. Mr. Speaker, I rise today in er to support such requests; and worldwide military justice system. Based on this hallowed chamber to pay tribute to The (6) the President and the Secretary of State his vast experience in military justice and im- Museums at Stony Brook. This year marks the are requested to convey to appropriate Rus- peccable judicial temperament, Colonel 60th anniversary for the historic museums lo- sian Government officials, including the Presi- Rothenburg was selected in 1997 to serve as cated in beautiful Stony Brook, Long Island. dent, the Prime Minister, and the Minister of the Chief Judge of the nine-member Air Force Since the Museums at Stony Brook first Foreign Affairs, this expression of the views of Court of Criminal Appeals. He was sworn in opened their doors in 1939, they have helped the Congress. as Chief Judge on April 2, 1997. In the face to spread the wonderful history of our local community. Their praise and revival of Long f of a blistering docket average of 600 appellate opinions per year and an undermanned Court, Island’s celebrated past has been a great ben- ON THE RETIREMENT OF COLONEL efit to our families, schools and neighbor- Chief Judge Rothenburg led the Court to its RICHARD F. ROTHENBURG hoods. The museums have helped countless lowest backlog of cases awaiting review in a numbers of Long Islanders remember their HON. LINDSEY O. GRAHAM decade. At the same time, Chief Judge history and increase their respect for its rich Rothenburg guided the Court into the un- and vibrant culture. OF SOUTH CAROLINA charted waters of electronic pleading at the Led by Museum President, Deborah John- IN THE HOUSE OF REPRESENTATIVES federal appellate level. Chief Judge son, the Museums have enriched Long Island- Tuesday, March 23, 1999 Rothenburg’s influence on the shape of mili- ers by spreading the legacy of Ward and Mr. GRAHAM. Mr. Speaker, today I call to tary appellate law and practice will endure well Dorothy Melville, two of Long Island’s most re- your attention the outstanding public service of into the next century. spected citizens. The Museum has reached one of our Nation’s finest military attorneys out to all members of our community, young Colonel Rothenburg’s military awards and and old, to keep sacred Long Island’s past. and a dear personal friend of mine, Colonel decorations include the Bronze Star, Legion of Richard F. Rothenburg the Chief Judge of the The museum’s importance to our community Merit, Meritorious Service Medal with five oak is truly evident in their success for sixty strong United States Air Force Court of Criminal Ap- leaf clusters, Air Force Commendation Medal, years. peals. On May 1, 1999, Colonel Rothenburg Vietnam Service Medal with four bronze serv- In particular, one Museum program de- will retire after 30 years of especially distin- serves special recognition, it is their summer guished service. Colonel Rothenburg was born ice stars, the Republic of Vietnam Campaign program for children. The Museum enlists in Washington, DC. After graduating from Ca- Medal, and the Republic of Vietnam Gallantry community volunteers to help teach their chil- tonsville High School, Maryland, he received a Cross with palm leaf. Colonel Rothenburg is a dren about their past, while creating an enjoy- bachelor of science degree in business admin- member of the bar in Maryland and the District able environment. The success of this pro- istration from the University of Maryland in of Columbia. He is married to the former Linda gram has contributed to the vital and vibrant 1964, and his bachelor of law (LLB) degree in Lee Gossard of Hagerstown, Maryland. They participation of the Museum in our community. 1967 from the University of Maryland School have two children: Richard and Anne. I ask This is a fine example of the community spirit of Law. The Chief Judge received his commis- that you join me, his colleagues, and Colonel that is evident in my Congressional District. sion in 1964 through the Air Force Reserve Rothenburg’s many friends in saluting this dis- Mr. Speaker, I ask my colleagues in the Officer Training Corps Program. After com- tinguished officer’s three decades of service to U.S. House of Representatives to join me in pleting his legal studies, Colonel Rothenburg the United States of America. I know our Na- honoring 60 years of devoted service to our entered active duty in 1967. Colonel tion, his wife Linda, and their children are ex- community. I only hope that the Museums at Rothenburg was first assigned to Langley Air tremely proud of his accomplishments. Stony Brook will be able to continue to further Force Base, Virginia. In 1969, Colonel enrich our community. Rothenburg was assigned to Headquarters 7th Air Force, Tan Son Nhut Air Base, Republic of f f Vietnam. In addition to serving as both a pros- PERSONAL EXPLANATION ecutor and defense counsel, Colonel PERSONAL EXPLANATION Rothenburg sat as a military trial judge on 27 HON. ROGER F. WICKER courts-martial during his tour in Vietnam. Colo- OF MISSISSIPPI nel Rothenburg is the only officer still on ac- HON. TOM A. COBURN IN THE HOUSE OF REPRESENTATIVES tive duty to have served as an Air Force judge OF OKLAHOMA advocate in Vietnam. Colonel Rothenburg’s Tuesday, March 23, 1999 other early assignments included positions as IN THE HOUSE OF REPRESENTATIVES Mr. WICKER. Mr. Speaker, on rollcall No. Assistant Staff Judge Advocate at Andrews Air Tuesday, March 23, 1999 50, on House Congressional Resolution 819, Force Base, Maryland, and Staff Judge Advo- Federal Maritime Commission Authorization cate at Holloman Air Force Base, New Mex- Mr. COBURN. Mr. Speaker, on Thursday, Act of 1999, I was unavailable to vote be- ico. Colonel Rothenburg attended Air Com- March 18, I was visiting with officials in Alba- cause I was returning from a bipartisan Con- mand and Staff College between 1978 and nia and consequently was not present for Roll gressional Delegation trip to Russia. The ob- 1979, then took the reins as Staff Judge Advo- Call votes 57 through 59. Had I been present, jectives of this four-day trip included meetings cate at Langley Air force Base, Virginia; then with the Russian Duma and other govern- I would have voted ‘‘yea’’ on rollcall No. 57, the home of Tactical Air Command. Colonel mental officials concerning the missile defense agreeing to the resolution providing for consid- Rothenburg was next selected to serve as a threat as outlined in the report of the Rumsfeld military judge for all air bases in Europe, eration of the bill H.R. 4. I would have voted Commission. Our delegation was joined in where he presided at more than 150 felony ‘‘nay’’ on rollcall No. 58, the motion to recom- Moscow by former Secretary Don Rumsfeld trials. Colonel Rothenburg returned from Eu- mit with instructions. I would have voted ‘‘yea’’ and two members of his commission, Mr. Jim rope in 1986 to serve as the Air Force Tactical on rollcall No. 59, passage of H.R. 4, a bill to Woolsey and Mr. William Schneider, Jr. Fighter Weapons Center Staff Judge Advocate declare it to be the policy of the United States Had I been present, I would have voted at Nellis Air Force Base, Nevada. Then, from to deploy a national missile defense. ‘‘yea.’’

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 5376 EXTENSIONS OF REMARKS March 23, 1999 IN HONOR OF THE 25TH SILVER In 1998, Judith Whitmer Kozloski became Doude also played a key role in bringing ANNIVERSARY DINNER OF the first woman in San Mateo’s County’s his- Home Depot to San Fernando, which created KRIKOS, A CULTURAL AND SCI- tory to serve as Presiding Judge of the San some 40 jobs. ENTIFIC LINK WITH HELLENISM Mateo County Superior and Municipal Courts. Doude is a true citizen of San Fernando. In AND THE WORLD Before her appointment to the Municipal Court addition to being a member of the council, he in 1984, Judith served as an Assistant District was President of the San Fernando Chamber HON. CAROLYN B. MALONEY Attorney in San Francisco, where she headed of Commerce, was Chairman of the OF NEW YORK the Sexual Assault/Child Abuse Unit. Through- Morningside Elementary School Advisory IN THE HOUSE OF REPRESENTATIVES out her career Judge Kozloski has worked tire- Board, held a variety of posts with the San Tuesday, March 23, 1999 lessly to educate people about the dangers Fernando Lions Clubs and was a scout mas- and consequences of child abuse and domes- ter. He was also San Fernando’s representa- Mrs. MALONEY of New York. Mr. Speaker, tic violence and she has been a key member tive on the Metropolitan Water District Board I rise today to pay tribute to KRIKOS, an out- of San Mateo County’s Task Force on Domes- for 10 years. standing Hellenic cultural organization located tic Violence. I ask my colleagues to join me in saluting in my district, as it celebrates its 25th Silver Mr. Speaker, Judith Whitmer Kozloski is an Doude Wysbeek, a dedicated public servant, Anniversary. outstanding woman and a highly respected ju- and a devoted husband, father, and grand- Since its founding in 1974 and ensuing in- rist. I salute her for her remarkable contribu- father. His commitment to his community incorporation in 1975, KRIKOS has served as a tions and commitment to our community. I ask spires us all. I am proud to be his friend. vital link between the various communities of my colleagues to join me in honoring her on f the Hellenic world. KRIKOS aims to foster and being inducted into the San Mateo County promote cooperation and fellowship among Women’s Hall of Fame. THE SOLANO PROJECT AND THE Hellenes and phil-Hellenes throughout the CITY OF VALLEJO world and to preserve and enrich the Hellenic f heritage of Hellenic communities worldwide. TRIBUTE TO DOUDE WYSBEEK HON. GEORGE MILLER Over the past 25 years, the organization OF CALIFORNIA has taken many important initiatives to attain HON. HOWARD L. BERMAN its goals. KRIKOS has organized over forty IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA conferences throughout the world and, where Tuesday, March 23, 1999 IN THE HOUSE OF REPRESENTATIVES possible, published the proceedings. The con- Mr. GEORGE MILLER of California. Mr. Tuesday, March 23, 1999 ferences have covered such topics as energy Speaker, water supplies for California cities alternatives for Greece, media coverage of Mr. BERMAN. Mr. Speaker, I rise today to are extremely limited. Whenever possible, cit- Greece, a history of Byzantium, Greek-Amer- pay tribute to a good friend and a great lead- ies attempt to use their water storage and ican Letters and Arts, the Macedonia-Tinder- er, Doude Wysbeek, Doude served two sepa- conveyance systems in the most efficient box of Europe and the Yugoslav Civil Wars, to rate terms on the San Fernando City Council; ways they can. name a few. from 1982–85 and 1989–99. Doude was a The city of Vallejo has tried to use its water KRIKOS has also organized a Medical Task member of the council for the simple reason supply facilities more efficiently, but has been Force and, since 1982, held annual medical that he loves San Fernando, where he has frustrated by a limitation in Federal law that conferences. The Task Force has supplied lived since 1956. He ran for office to help prohibits the city from sharing space in an ex- various hospitals with kidney dialysis ma- make a good city even better. I can say with- isting Federal water delivery canal. chines, medical publications and other needed out hesitation that he succeeded in reaching The city of Vallejo simply desires to ‘‘wheel’’ supplies. KRIKOS has also guided college and his goal. some of its drinking water through part of the college-bound youth; made arrangements for I have been lucky to work with Doude on canal serving California’s Solano Project, a students to visit abroad through a work-study several occasions in the past. I must say that water project built by the Bureau of Reclama- program: established and assisted in locating in more than 25 years of public service, I have tion in the 1950s. Vallejo is prepared to pay and listing the treasures of St. Catherine Mon- met very few people with Doude’s intelligence, any appropriate charges for the use of this fa- astery on Mt. Sinai through computer tech- dedication and strength of character. He had cility. nology; created ‘‘information banks’’ of avail- a seemingly endless supply of innovative Allowing Vallejo to use the Solano Project able expertise in a wide spectrum of speciali- ideas to improve the quality of life for all the should be a simple matter, but it is not. Legis- ties; donated 5,000 books to the Polytechnic people of San Fernando. I know I could al- lation is required to allow the city to use the University in Athens; and published a news- ways count on Doude for sound advice on Federal water project for carriage of municipal letter. The organization has also experimented what the federal government could—and and industrial water. publishing a quarterly magazine of social com- should—do for his city. Congress in recent years has expanded the mentary. It would require a book to list all of Doude’s scope of the ‘‘Warren Act’’ to apply to other Mr. Speaker, I am honored to bring to your accomplishments as a member of the San communities in California and Utah where attention this important event in the history of Fernando City Council. His role in bringing there existed a need for more water manage- KRIKOS. This organization has played a sig- businesses to the city, helping to guarantee ment flexibility. The legislation I am introducing nificant role in the Hellenic community both public safety for all residents, and serving as today is similar to legislation I introduced in here in the United States and abroad. I am San Fernando’s diplomat to the outside world the 105th Congress. It will simply extend simi- pleased to recognize them on their Silver An- cannot be overstated. By mentioning a few of lar flexibility to the Solano Project and to the niversary. his proudest achievements, I don’t mean to city of Vallejo. f suggest that this is the complete picture. f TRIBUTE TO JUDITH WHITMER Doude left a legacy that few public-spirited citi- WYOMING LEADER SPEAKS OUT KOZLOSKI zens could expect or hope to equal. Doude was instrumental in securing pas- AGAINST HATE HON. ANNA G. ESHOO sage of anti-gang ordinances at two local parks, which in essence returned the parks to OF CALIFORNIA HON. BARNEY FRANK law-abiding citizens. At the same time, Doude IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS secured funding to hire a County probation de- IN THE HOUSE OF REPRESENTATIVES Tuesday, March 23, 1999 partment to work exclusively with at-risk gram- Ms. ESHOO. Mr. Speaker, I rise today to mar school students in San Fernando, and Tuesday, March 23, 1999 honor Judith Whitmer Kozloski, an extraor- helped to implement a citywide tattoo removal Mr. FRANK of Massachusetts. Mr. Speaker, dinary citizen of San Mateo County, California, program. San Fernando Police Chief Dominic last fall, when we received the terrible news of who will be inducted into the San Mateo Rivetti has praised Doude for his successful the brutal murder of Matthew Shepard, who County Women’s Hall of Fame on Friday, efforts to reduce the gang problem within the was savagely beaten to death simply because March 26, 1999. city. he was a gay man, one of the calls I received

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 March 23, 1999 EXTENSIONS OF REMARKS 5377 which heartened me came from Peter Simp- on campus and in town. He knew how much characteristic—not only meets the letter of son from the University of Wyoming. Mr. this hurt. But he needed a quote. the law but lives up to the standards of our Simpson is not only a distinguished individual I recall only that my mind flooded with an hearts. unimaginable mix of personal emotions and I hope that our elected legislators will also in his own right, he is the brother of the former professional responsibilities. What must seize this moment. I recognize that the ques- Senator from Wyoming, Alan Simpson, whom Dennis and Judy Shepard be going through tion of hate crimes legislation is a matter many of us remember with great respect and right now? Did I have the authority to lower over which reasonable and thoughtful people fondness from his years of leadership in the the flags on campus? How could I get a state- who are neither homophobic nor bigoted can United States Senate. At that time Mr. Simp- ment out that would provide comfort and re- and will disagree. No hate crimes statute, son shared with me an eloquent speech that assurance to our gay students? What would I even had it existed, would have saved Matt. had been made by Philip Dubois, President of ever say to my children if I had to tell them But Matt Shepard was not merely robbed, that their brother had died? and kidnapped, and murdered. This was a the University of Wyoming. crime of humiliation. This crime was all Tragically, another gay man was a victim of The rest of this past week has been a neverending repeat of that dreadful morning. about being gay. No group of people should brutal prejudice recently in Alabama, when Other than the death of my own father three have to live in this kind of fear. Billy Jack Gaither was beaten to death by two years ago, I cannot remember a week in I speak only for myself and not this Uni- vicious thugs in a manner sadly reminiscent of which I have felt such overpowering sadness. versity, but it is time our state makes a pub- the murder of Matthew Shepard. In a grim co- The sadness of thinking about Matt, his lic statement through the passage of such incidence, this was the week that we had parents, his brother, and his close friends. legislation that demonstrates our values, our planned to introduce a new version of the The sadness of thinking about Matt’s gay commitment to the state motto, and our col- colleagues, struggling to express simulta- lective zero tolerance for hatred. Once was Federal hate crimes legislation which does not more than enough. seek to supersede State law enforcement, but neously both their resistance to this violence and their fear that it could have been them All of us have reacted to the events of the does seek to add a weapon against brutality in Matt’s place. last ten days in our own personal way. Matt based on prejudice. The sadness of the University faculty and meant something different for each of us. With Congress about to take up consider- staff who have struggled so hard to create a That is how it should be. Matt could have ation of hate crimes legislation, I think it is ap- truly inclusive climate here, only to have been my son. He could have been your broth- propriate that the eloquent words of President others tear down years of work in just a few er. He was our friend. All of us will remem- Dubois be shared with the Membership. I am hours of unspeakable horror. ber him. appreciative of Peter Simpson sharing them The sadness of a closeknit community try- f with us, and I hope the Members will read this ing to defend itself against ignorance and stereotypes. The sadness of occasionally INTRODUCTION OF THE VETERANS and pay close attention to the wise words in- hearing expressions of such ignorance. AMERICAN DREAM HOMEOWNER- cluded. Life is not fair, we’ve all been told, and SHIP ASSISTANCE ACT MATTHEW SHEPARD MEMORIAL SERVICE this week we lived that lesson again. (OCTOBER 19, 1998) But with this sadness have come some small moments of triumph. The Home- HON. GERALD D. KLECZKA Good Evening. Let me thank each of you OF WISCONSIN for being here, and for the tremendous coming Parade and the march for Matt. A IN THE HOUSE OF REPRESENTATIVES amount of support you have shown over the moment of silence as the football game, bro- past ten days to the family and friends of ken only by the sound of tears. Tuesday, March 23, 1999 Matt Shepard, the University community, The Sunday community vigils and the coming together of this community to ‘‘Re- Mr. KLECZKA. Mr. Speaker, thousands of and the city of Laramie. former servicemen and servicewomen in five As your program indicates, we have at- member Matthew’’ on Monday afternoon. tempted tonight to assemble just a few of Gay Awareness Week, and the courage of our states are currently prohibited from receiving the literally hundreds of people affected by Lesbian, Gay, bisexual, and Transgendered state-financed home mortgages. That is why this tragedy—those personally involved be- Association (LGBTA) to stay the course and Congressman HERGER and I, along with 21 of cause they were Matt’s friends and those who not to let fear ruin their plans. our colleagues, are introducing the Veterans came to be involved as the events of the last The leadership of our student organiza- American Dream Homeownership Assistance ten days have unfolded. I very much appre- tions, ASUW, the Multicultural Resource Act. This legislation is similar to bills we intro- ciate—as does the planning committee—the Center, the Residence Halls, the Greek Com- munity, and our student-athletes to find duced in the 104th and 105th Congresses. understanding of the many individuals and In order to help veterans own a home, Con- groups who wanted to be represented in this ways to express their solidarity and support program but who also recognized the limita- for Matt and their collective opposition to gress created a program where states could tions of time. violence, discrimination, and bigotry—re- issue tax-exempt bonds in order to raise funds A little over a week ago, we gathered on gardless of any personal philosophical dif- to finance mortgages for owner-occupied resi- the lawn outside the Newman Center. Joined ferences or religious beliefs they might have dences. Five states—Wisconsin, Alaska, Or- at that time around a common purpose, we about homosexuality. egon, California, and Texas—implemented found ourselves united as a community to And the professional and personal involve- such a program for their veterans. Under a lit- pray for Matthew, to demonstrate our con- ment of our faculty and staff in counseling tle-known provision in the 1984 tax bill, Con- students and in three days of teach-ins on cern for his family, and to speak out against gress limited the veterans eligible for this pro- the kind of hatred and bigotry that found ex- campus to demonstrate that education and pression in the vicious attack upon him. free expression are the most powerful weap- gram to those who began military service be- When I finished speaking that evening, I ons we have against forces that would divide fore 1977. stood next to my new friend, Jim Osborn, us as an academic community and as a soci- As a result of the 1984 tax bill, veterans and realized that both of us were shivering. ety. who entered military service after January 1, It was a chilly night, but it seemed colder What now can we do? The answer is not 1977 are prohibited from receiving a state-fi- than it really was. I looked around at the simple, but we must begin. nanced veterans mortgage. This means vet- hundreds of men, women, and children gath- We must begin by reaffirming that UW and erans who served honorably in Panama, Gre- ered there. With each speaker the crowd Laramie welcome all people, without regard nada, or the Gulf War cannot get veterans seemed to draw closer together, perhaps to who or what they are. fighting the cold or perhaps chilled by the We must reexamine all that we have done home mortgages from their state government. thought that somehow we might have been to cultivate an appreciation of diversity and Are those who began serving our country after able to prevent the attack upon Matt. make sure that we haven’t missed a teaching January 1, 1977 any less deserving than We closed that evening with the singing of opportunity. those who served before? ‘‘We Shall Overcome,’’ knowing in our hearts We must find a way to commemorate this This arbitrary cutoff was created to rise ad- that Matt would probably not win his battle. awful week in a way that will say to the en- ditional revenue in the 1984 tax bill by limiting He would not overcome. tire state and nation that we will not forget the issuance of tax-exempt bonds. When this I was awakened the next morning at 5 a.m. what has happened here. provision was enacted, post-1976 veterans with a telephone call. A news organization And, working closely with the leaders of was calling me to get my reaction to the the local community, we must be vigilant in were a small percentage of all veterans, with- word of Matt’s death. The reporter’s voice making sure that the climate for those who out much voice to protest this discriminatory was filled with emotion. He had watched this are different—whether defined by their sex- change. But, nineteen years later, there are community for several days. He had seen the ual orientation, ethnicity, religion, national thousands of veterans who have served our pain on the expressions of nearly everyone origin, disability, or any other personal Nation honorably.

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 5378 EXTENSIONS OF REMARKS March 23, 1999 Mr. Speaker, as time goes by, this legisla- LEARNING THE LESSONS OF equality and justice for a nation riven by ha- tion takes on increasing importance. The State HISTORY tred and racism. And so it began. of Wisconsin Department of Veterans Affairs Eighty-five students from Capuchino High has informed me that if the cap on veterans HON. TOM LANTOS School in San Bruno, the most diverse in the bonds is not lifted this year, the State will be OF CALIFORNIA San Mateo Union High School District, had forced to disband the program because too IN THE HOUSE OF REPRESENTATIVES embarked on a 10-day journey called ‘‘So- few veterans are eligible for the program. journ to the Past.’’ It was organized by Jeff Tuesday, March 23, 1999 Steinberg, a history teacher gifted with en- This legislation would simply eliminate the Mr. LANTOS. Mr. Speaker, I rise today to ergy and devotion to match his vision. cutoff that exists under current law. Under our congratulate Capuchino High School of San The students went wherever the civil proposal, former servicemen and service- Bruno, California, for an extraordinary program rights movement had gone, seeing the people women in the five states who served our who had been there, hearing tales of heroism they have instituted called ‘‘Sojourn to the and sacrifice and walking in the footsteps of country beginning before or after January 1, Past.’’ Envisioned by Jeff Steinberg, a history greatness large and small. 1977 will be eligible to quality for a state-fi- teacher at Capuchino High School, this ten- This was a spirituay journey—a journey of nanced home mortgage. This legislation does day trip recently led eighty-five high school forgiveness and tolerance, of faith and hope, not increase federal discretionary spending by students through a history of the civil rights a journey to the past and for the future. 1 cent. It simply allows the five states that movement that was made very personal. It was to be an education. There were les- have a mortgage finance program for their vet- The trip began in Washington, D.C., and sons to be learned. erans to provide mortgages to all veterans re- ended in the National Civil Rights Museum in FORGIVENESS gardless of when they served in the military. Memphis, in the hotel room where Martin Lu- It was a sustaining theme of the trip. Ev- ther King, Jr., was martyred. Along the way erywhere the students went, they met his- There is no justification to allow some vet- toric figures who had been mistreated, ne- the students met with several major figure- erans to qualify for a home mortgage while glected, imprisoned and beaten. heads of the civil rights movement, including others cannot. Mr. Speaker, I urge the House And to a person, these people had found Chris McNair, father of one of the Birmingham within themselves the capacity to forgive. to help those veterans who have served after Four, Elizabeth Eckford, who de-segregated At the Jewish Community Center in Wash- January 1, 1977 to own a home and pass this Central High School in Little Rock, Arkansas, ington, D.C., they met Ernest Green, one of important legislation into law. the Little Rock Nine, who integrated the all- and my own good friend, Congressman JOHN white Central High School in Little Rock, LEWIS, who introduced the students to his phi- f Ark., in 1957, amid violence, daily torture losophy of non-violence. and taunts. History came alive for these young people TRIBUTE TO DEBERAH Short, balding, bespectacled and a little as they followed the trail of the most signifi- portly, Green was good-humored, upbeat and BRINGELSON cant movement of the twentieth century. They remarkably short on the details of his year found it impossible to take their own civil rights at Central, something that clearly frustrated for granted when confronted with first-person the students. HON. ANNA G. ESHOO accounts from those who risked their lives But his message was that the students should keep looking forward, not back. OF CALIFORNIA fighting to attain those very rights. ‘‘Life is not like a VCR. There’s no re- But a sense of the reality of history was not IN THE HOUSE OF REPRESENTATIVES verse,’’ he said. the only thing the students took home. The In Birmingham, Ala., they met with Chris Tuesday, March 23, 1999 testimonies of the people with whom they met McNair, a county commissioner and father of emphasized forgiveness and tolerance, fairly one of the four little girls killed in a Bir- Ms. ESHOO. Mr. Speaker, I rise today to foreign concepts to American high school cul- mingham church bombing in 1963. honor Deberah Bringelson, an extraordinary ‘‘I’m a happy man, in spite of the things ture. The idea of using non-violence and toler- that happened to me,’’ he said in a deep, citizen of San Mateo County, California, who ance as a mode of dealing with day-to-day rough voice. is being inducted into the San Mateo County problems was initially received with suspicion ‘‘You’re precious to me,’’ he said. ‘‘In this Women’s Hall of Fame. but seemed to have hit home by the end of world, justice means so much. I hope you can reach a point where you can get out of the Deberah Bringelson has served San Mateo the trip. In a letter written to Congressman JOHN hate mode. In that mode, you’re the one who County for more than 14 years, both as a pro- LEWIS, junior Kristin Agius wrote: ‘‘Your mes- truly suffers.’’ fessional and a volunteer. She has brought When the trip was over, and the students sage has made me rethink my idea of what it her energies and expertise to the issues of had been to the deepest South and the deep- means to be important. . . . I’ve come to the est parts of their soul, African American sen- civil justice reform, child protection, toxic conclusion that a step forward, even a small cleanup, as well as water and land use poli- ior Ke’Shonda Williams said she had learned step, is better than aspiring for something that something from the spirit of the Rev. Martin cies. Deberah has made significant contribu- will only benefit myself.’’ Luther King Jr. tions in the field of criminal and juvenile justice Mark Simon, a reported from The San Fran- ‘‘(King) never had hate in his heart for reform, reforming the system and creating effi- cisco Chronicle, accompanied the students on anybody. He found the goodness in his heart ciencies of operation. Her commitment to the their journey to the past. I ask that Mr. Si- to forgive people. If someone did something wrong to me, I just couldn’t forgive them for issues of drug abuse and violence arise from mon’s excellent report on this outstanding her own personal experiences. it. I haven’t been through half the things educational experience be included in the he’d been through. If he could forgive them Deberah helped create the County Adult RECORD. and move on, I think I should be able to for- and Juvenile Drug Courts, and designed a CIVIL RIGHTS TOUR give. I’m going to try.’’ The student’s capacity for forgiveness was comprehensive life skills treatment program [From the San Francisco Chronicle, Feb. 28, put to its hardest test in Montgomery, Ala., 1999] which serves female offenders and focuses on in the office of George Wallace Jr., associate mothers. Deberah serves as a mentor for Day 1: Thursday, Feb. 11, Washington, D.C. commissioner of the Alabama Public Service young women, coaching several girls’ athletic They had flown east all day, leaving the Commission, and son and namesake of the teams. She’s been honored for overcoming morning light of the Bay Area for the night- famous governor. the personal trauma and violence of her child- time darkness of the Nation’s capital. With Wallace has just moved into his office, and barely a pause, they piled into two buses, hood and for bringing her talents, compassion the floor, chairs and tables were covered went to dinner, and then, as the hour neared with yet-to-be-hanged pictures and memora- and energy to our community. 10 p.m., they went as a group to the Lincoln bilia. Mr. Speaker, Deberah Bringelson is an out- Memorial, where they sat on the steps, Dressed in a pinstripe suit, his voice soft standing woman and I salute her for her re- huddled together. and his words thoughtfully chosen, Wallace Then they listened to a recording of the told the students about his father. markable contributions and commitment to our Rev. Martin Luther King Jr.’s conscience- In his most famous speech, his inaugural community. I ask my colleagues to join me in rousing sermon to the 1963 March on Wash- address in 1963, Governor Wallace declared honoring her on being inducted into the San ington, in which he told an assembled mul- ‘‘Segregation now, segregation tomorrow, Mateo County Women’s Hall of Fame. titude of 250,000 that he had a dream of true segregation forever.’’

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 0634 E:\BR99\E23MR9.000 E23MR9 March 23, 1999 EXTENSIONS OF REMARKS 5379 That was urged upon him by his political ‘‘I wanted to know what was in her mind,’’ When the students heard the story, they advisers, said his son. he said, ‘‘I wanted to know what was going jumped to their feet and applauded at length. ‘‘His choice was not to use the word seg- through her mind when she did it, what The applause was led by the otherwise regation. His choice initially was to use the forced her into it, what was pushing her into quiet Michael Mosqueda, a Latino junior, word freedom,’’ Wallace said. doing it.’’ who said later that Cooper was a hero. His father made peace with the state’s Af- And when the trip was over, Mamoud ‘‘She didn’t just take it and take it,’’ he rican Americans—a peace brought by a Kamel, a junior whose family came to the said. Christian revelation—and sought their for- United States from Egypt five years ago, But for Will Hannan, a white junior, and giveness. He also sought their votes, and won found himself rethinking his own habits. for others, the message of nonviolence rang re-election in 1972 with a substantial bloc of Mamoud said it is common practice among truest. black votes. high school students to use the word ‘‘You don’t need to arm people with weap- ‘‘I hope you’ll look at his life in totality. ‘‘nigga,’’ a slang form of the notorious racial ons, you need to arm people with a certain . . . I know he deeply regretted some of the slur. philosophy, and if they really intend to be things he said. If he was a leader in the Old It’s used frequently in rap music, and warriors in the nonviolent battle, they need South, he sought to be a leader in the New young people, at least at Capuchino, have to live nonviolence as a way of life,’’ he said. South,’’ he said. come to accept it as slang and to distinguish FAITH Anne Kelly, a white junior, stormed from between the harsher form of the word. Everywhere the students went, they went ‘‘That’s the way we all talk right now, but the room, angry tears in her eyes. to church. I’m going to stop saying this word,’’ he said. On another day, Anne also had tears in her They visited Ebenezer Baptist Church in eyes while discussing her own Methodist NONVIOLENCE Atlanta, where King had been pastor at the Church’s refusal to sanction same-sex mar- This one may be the hardest for the stu- time of his death; Dexter Avenue Baptist riages. dents. Church in Montgomery, a stone’s throw from ‘‘Would Jesus have turned his back on They met often with people who had been the state capitol, where Jefferson Davis was these people? You don’t need to like it, but beaten and then stepped up for more. sworn in as president of the Confederacy and you need to tolerate it. That’s what toler- In Atlanta, in a theater at the Martin Lu- where King has his first pastorship; and the ance is about,’’ she said. ther King Jr. visitors’ center, they met with 16th Street Baptist Church in Birmingham, On this day, she had found Wallace want- Representative John Lewis, D–Ga. where the four girls were killed. ing. Lewis is one of the icons of the civil rights In the basement of the church, where the ‘‘He couldn’t admit there was no justifica- movement—former head of the Student Non- girls had been going to Sunday school when tion for what (his father) did. He never said violent Coordinating Committee, arrested 12 sticks of dynamite exploded, the students opportunism is wrong. In order for an apol- more than 40 times in nonviolent demonstra- heard from Lola Hendricks. ogy to mean something, you have to accept tions, the youngest speaker at the 1963 She had marched in Birmingham, and her responsibility for what you did,’’ she said. March on Washington and leader of the first 8-year-old daughter spent five days in jail During the trip, students were required to march from Selma, Ala., to Montgomery, the during the ‘‘Children’s Crusade,’’ in which write letters to the people they met that state capital. the black youth of Birmingham were sent day. Jennifer Lynch, a white junior, wrote That march, on March 7, 1965, made na- out against the white establishment’s fire Wallace that she had tried to remain open- tional headlines when state troopers sav- hoses and police dogs. minded. agely beat the marchers as they crossed the Hendricks was asked if she was scared. No, ‘‘I think it did become apparent that your Edmund Pettus Bridge in Selma. she said. father had become a changed man,’’ she said. Two weeks later, King led a second march ‘‘I felt the way we were being treated in TOLERANCE that successfully reached Montgomery. the South, we might as well be dead. So we Lewis, who suffered a broken skull in the They went to Little Rock’s Central High had no fear,’’ she told the students. first march, was asked if he’d ever felt the School, a brick, fortress-like building with And she knew God was with them, she said. urge to strike back. He knew what they had been through. white-topped towers. ‘‘I never had any desire or urge to strike There, they heard from Elizabeth Eckford The students heard testimony—in the back back in any sense. I believe in nonviolence, and Hazel Bryan Massery, who are locked to- room of a diner in Selma, in church base- not just as a technique, not just as a tactic, gether forever in one of the most famous ments and in community theaters, and in but as a way of life and a way of living,’’ he photographs of the 1950s. the offices of elected officials in Mont- said. Eckford, a slender black girl in dark glass- gomery—that God has played a hand in the In the back of the theater sat Darnell Ene, civil rights movement, protecting those who es, can be seen walking alone through a hos- his fists clenched as Lewis described the tile crowd. Behind her is Hazel Bryan, her were marching, reassuring, those who were Selma beating. in doubt and bringing light to those who had face contorted as she shouts an epithet at ‘‘It’s not right,’’ he said later. ‘‘You Eckford. been on the wrong side of the issue. shouldn’t do that kind of stuff, and to make ‘‘In struggle, you need something to be- Five years later, Bryan, now Hazel things worse, (the marchers were) doing it Massery, apologized. Forty years later, the lieve, a hope and a faith to believe in,’’ said nonviolently. They had a perfect reason to Katie Gutierrez, a Latina junior and herself two are close friends. turn violent, but they didn’t. That shows On this day, they were on stage together a devout Christian. ‘‘With all the hatred, you signs of strength.’’ need love somewhere, and God is love.’’ to, as Massery put it, ‘‘make sense of the ex- It’s a strength Darnell and his friend Chris THE PAST AND THE FUTURE perience.’’ Ramirez, a Latino junior, said they don’t In a carefully prepared and delivered pres- have. On the sixth day of the trip, history teach- entation, they took turns telling of their ex- Darnell said he tries to walk away from er Steinberg rose early to appear on a local periences. disputes, but he doesn’t shrink from physical TV morning show in Montgomery. He said he As Eckford described her year at Central, violence if he’s pushed to it. hoped the trip would have a meaningful im- her voice choked repeatedly and she often ‘‘I don’t like backing down,’’ Chris said. ‘‘I pact on the students. wiped tears from her face. can’t back down.’’ ‘‘Maybe they become more compassionate Finally, the time came for questions. The most spontaneous outburst by the stu- and tolerant, and maybe they get inspired to No, Eckford said, she would not do it dents came in Selma for a woman who did do better in school. * * * I think the kids are again, if she had the chance. not back down. going to come back changed people,’’ he said. Then, Darnell Ene, an African American In the rear room of Lannie’s, a locally fa- They probably will. But not all of them junior, rose and asked what word Massery mous diner where the students were served will. And not all of them will right away. was saying in the picture. fried chicken, fried catfish and fried pork Near the end of the trip, Monique Jackson, In fact, it’s fairly obvious what she was chops, they met Annie Lee Cooper. an African American senior, said she didn’t saying—it’s a word so sensitive that it is Cooper was a part of a group that in 1964 come back changed, but she came back bet- simply called the ‘‘n’’ word. tried to enter a local courthouse to register ter informed and touched by the realization Before Darnell could finish his question, to vote. that everywhere she went, Martin Luther Eckford, her voice heavy with pain, cried Her path was blocked by Sheriff Jim Clark, King Jr. had been there. out, ‘‘No, no!’’ an enthusiastic and violent racist, who ‘‘The struggle back then is what led us up Massery said, ‘‘I choose not to repeat struck her. to now. * * * It’s not really that bad now. that.’’ Cooper, no devotee of nonviolence, hit the You can’t stop a racist from being a racist, Said Eckford: ‘‘Hate speech is always hurt- sheriff across the side of the face, and a so what can you do? In these days, nobody ful. There is nothing you can learn by re- melee ensured that ended only after Clark goes around hosing people down. Yes, there peating it.’’ clubbed Cooper on the head with a nightstick is still race discrimination, sex discrimina- But later, Darnell said he know what word and two other police officers wrestled her tion. You just have to deal with it as it Massery had used. into handcuffs. comes.’’

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 0634 E:\BR99\E23MR9.000 E23MR9 5380 EXTENSIONS OF REMARKS March 23, 1999 In a letter to Ernest Green, one of the Lit- The students then took a guided tour of This legislation would create an Interagency tle Rock Nine, Kristin Davis, a white junior, the adjacent National Civil Rights Museum, Task Force to Monitor and Combat Trafficking wrote: ‘‘I believe in your philosophy that you an interactive experience with vivid displays within the Office of Secretary of State, that cannot live in the past. Those experiences that create a sense of time and place. help shape your future, but you can’t let It was like watching their trip unfold be- would submit an annual report to Congress them run your life.’’ fore them on fast-forward—except that the on: (1) The identification of states involved in African American junior Aisha tour ended outside Room 306 of the Lorraine trafficking; (2) the complicity of any govern- Schexnayder wrote to Green: ‘‘I’ve been Motel. mental officials in those states; (3) the efforts through a lot in my life, but I can’t see my- The covers of one bed are slightly rumpled. those states are making to combat trafficking; self going through all of that and still be A plate of catfish is set on the bed. Cigarette (4) the provision of assistance to victims of able to crack a smile.’’ In a letter to John butts are crushed out in an ashtray. trafficking; and (5) the level of international co- It was as though Martin Luther King Jr. Lewis, white junior Kristin Agius wrote: operation by such states in internal investiga- ‘‘Your message has made me rethink my idea might step back through the door in just a of what it means to be important and what moment. tions of trafficking. It would also bar police as- it means to make a difference. I’ve come to Students who had been stoic throughout sistance to governments that are involved in the conclusion that a step forward, even a the trip stared into the room as if stricken. this practice, and would amend the Immigra- small step, is better than aspiring for some- Some cried quietly. tion and Nationality Act to allow trafficking vic- thing that will only benefit myself.’’ Then, they went to a conference room up- tims brought to the United States to remain As she contemplated the Montgomery’s stairs and had lunch. here for three months so that they may put Afterward, they stood, one at a time, and Civil Rights Memorial, a setting of granite, their lives back together and at the same time smoothly flowing waters and a roll call of talked about what the trip meant to them. civil rights martyrs, Clarissa Pritchett, an Many cried. Some had to leave the room. testify against their traffickers in both civil and African American junior, said: ‘‘All the peo- Then they stood together and held hands criminal proceedings. ple worked so hard to get us where we are and sang one chorus of ‘‘We Shall Overcome’’ Mr. Speaker, I ask my colleagues to join me today, and I worry that we’re going to leave before heading home. and Senator WELLSTONE, who has introduced it undone.’’ f the Senate companion legislation, in sup- Theresa Calpotura, a junior of Filipino de- porting this bill to end the abhorrent practice of scent, said she would return from the trip de- INTRODUCTION OF LEGISLATION trafficking both home and abroad. termined to overcome her innate shyness TO COMBAT THE CRIME OF and to work on matters of racial and social INTERNATIONAL TRAFFICKING inequality. f ‘‘You have to start with yourself before AND TO PROTECT THE RIGHTS you can change anything else, and that’s OF THE VICTIMS TRIBUTE TO A FRIEND OF what this trip did for me,’’ she said. ‘‘You MICHIGAN have to know that tolerance is important. HON. LOUISE M. SLAUGHTER It’s basically the glue of our society.’’ OF NEW YORK Theresa’s close friend, Ronita Jit, a junior HON. JOE KNOLLENBERG of Indian descent, said she would return de- IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN termined to start an organization on campus Tuesday, March 23, 1999 IN THE HOUSE OF REPRESENTATIVES that would include all races, and give them the chance to connect across cultural lines. Ms. SLAUGHTER. Mr. Speaker, today I am Tuesday, March 23, 1999 ‘‘It just confirmed my determination,’’ she introducing a bill to combat the crime of inter- said. ‘‘I want (us) to spend time with each national trafficking, a fundamental violation of Mr. KNOLLENBERG. Mr. Speaker, I rise to other and get to know each other. I know human rights to which this Nation has a repay tribute to Mr. Alfred Berkowitz, who was these things are far-fetched, but I’m going to sponsibility to act. an active supporter of the Wayne State Uni- try.’’ Trafficking involves the use of deception, versity College of Pharmacy and Allied Health One of those who said she’ll join Ronita’s coercion, abuse of authority, debt bondage, or Professionals. Sadly, Mr. Berkowitz died on effort was LaDreena Maye, an African Amer- February 25 in a car accident in Northern ican junior whose shyness belies a depth of fraud to exploit persons through forced pros- thought and feeling. titution, sexual slavery, sweatshop labor, or Michigan. She wants to be a doctor, and she found in- domestic servitude. Faced with difficult times Mr. Berkowitz began his relationship with spiration to push for her goal from those in their home countries, women are often lured the pharmaceutical profession in Detroit over with whom the students met. She also by advertisements for job opportunities over- 60 years ago when he attended the Detroit In- learned about those who did nothing while seas. Women will often answer these ads stitute of Technology, which merged with injustices and cruelty were taking place. Wayne State University in 1957. Once com- ‘‘When I see something going on, I’ll prob- hoping to make enough money to take care of ably want to be more quick to address it their families and fulfill their dreams in far pleting his education, he joined the United now, instead of just sitting and letting it away places. Unfortunately, these dreams States Army where he spent seven years on pass by,’’ she said. soon turn into nightmares as the women have active duty and 27 years as an active reserv- ‘‘I guess that now from the trip—knowing their passports seized, are sold for profit, and ist. Mr. Berkowitz retired from service in 1975 what we know—that there is a bit of an obli- then forced to sell their bodies to recover the with the rank of Warrant Officer IV. Although gation. I think we should all want to come cost of a debt they did not incur. In many his professional career was in business, after back and educate people about some of the maintaining his license for 50 years, he was things we’ve learned on the trip. . . . I think cases, they are constantly monitored and su- something needs to be done.’’ pervised to prevent them from escaping. Traf- honored by the Michigan Board of Pharmacy, DAY 10: Saturday, February 20, Memphis ficked women are often subject to physical in 1987. The buses rolled up to the Lorraine Motel and mental abuse including, but not limited to Mr. Berkowitz was generous in his philan- and into a time warp. battery, cruelty, and rape. thropic support of the College of Pharmacy Parked in front were a white Dodge Royal The legislation I am introducing today builds and Allied Health Professionals with a specific with massive, olive-green tail fins and a on my efforts over the past several years to focus on benefiting students. He was an in- white Cadillac convertible. bring attention to the problem of trafficking, valuable resource to the college by supporting There was a plaque, bearing a quote from particularly with respect to the sale of Bur- scholarships and by taking a personal interest Genesis: ‘‘Behold, here cometh the dreamer. in students faced with financial hardships. He . . . Let us slay him and see what becomes of mese women and children into brothels in his dreams.’’ Thailand. Unfortunately, as we learn more received Wayne State’s Honorary Doctorate of As the students stood outside the motel, about this problem, it is becoming tragically Humane Letters in 1996 as a result of his out- Steinberg played an excerpt from King’s clear that trafficking knows no national or re- standing support and was recognized at the final speech, delivered with a mystical pas- gional borders. Throughout the regions of Cornerstone Club level of the Anthony Wayne sion the night before he was killed. Southeast Asia, as well as within a number of Society. ‘‘Like anybody, I would like to live a long life. Longevity has its place. But I’m not nations across the former Soviet Union and Through his service and dedication to concerned about that now. I just want to do Warsaw Pact, criminal organizations are cap- Wayne State University and the community, God’s will. And He’s allowed me to go up the italizing on poverty, rising unemployment, and Mr. Berkowtiz made a big difference in many mountain. And I’ve looked over. And I’ve the disintegration of social networks to exploit lives and his legacy that he gave the college seen the Promised Land.’’ and abuse women and children. will help students for years to come.

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 March 23, 1999 EXTENSIONS OF REMARKS 5381 HONORING NEW PENSACOLA CHIEF high goals for herself despite the fact that she erations, GME costs are threatening to break OF POLICE, JERRY W. POTTS is legally blind. the bank. While maintaining a heavy academic load, The All-Payer Graduate Medical Education HON. JOE SCARBOROUGH Jessica volunteers in a local business and at Act distributes the expense of graduate med- OF FLORIDA the Peninsula Center for the Blind and Visually ical education more fairly by establishing a IN THE HOUSE OF REPRESENTATIVES Impaired, where she teaches Braile and helps Trust funded by a 1% fee on all private health organize youth group activities. She’s a leader care premiums. Teaching hospitals receive ap- Tuesday, March 23, 1999 in her church where she serves as a Eucha- proximately $3 billion annually in additional Mr. SCARBOROUGH. Mr. Speaker, across ristic Minister. An accomplished pianist, Jes- GME payments from the Trust, while Medi- America, the peace and prosperity enjoyed by sica is a thoughtful person, always willing to care’s annual contribution to GME decreases our citizens owes much to the tireless efforts help anyone, whether they need a tutor or a by $1 billion. The current formula for direct by our law enforcement personnel. And in my friend. Jessica’s future plans are to combine graduate medical education payments is hometown of Pensacola, Florida, the proud her interests in community building, and the based upon cost reports generated more than policemen that preserve the peace in our com- rights of the disabled and international rela- 15 years ago, and it unfairly rewards some munity are led by a great American, Jerry W. tions to benefit others. hospitals and penalizes others. This bill re- Potts. Mr. Speaker, Jessica Marie Jenkins is an places the current formula with a fair, national Chief Potts brings a positive reassuring style outstanding young woman and I salute her for system for direct graduate medical education of leadership to his job while exhibiting a her remarkable contributions and commitment payments based upon actual resident wages. strength of character in his personal and pro- to our community. I ask my colleagues to join Children’s hospitals, which have unfairly re- fessional life. Chief Potts’ professional and me in honoring her on being named a Young ceived only very limited support for their pedi- personal life has been characterized by excel- Woman of Excellence by the San Mateo atric training programs, will receive funding for lence, leadership and service to others. His County Women’s Hall of Frame. their GME programs. public service began in earnest in 1965 when f Critics of indirect GME payments have he joined the U.S. Army 82nd Airborne Divi- INTRODUCTION OF THE ALL- sought greater accountability for the billions of sion. The leadership skills he developed in the dollars academic medical centers receive each service quickly transferred to excellence in law PAYER GRADUATE MEDICAL EDUCATION ACT year. The All-Payer Graduate Medical Edu- enforcement. cation Act requires hospitals to report annually Chief Potts began his law enforcement ca- on their contributions to improved patient care, reer in 1973 when he joined the Pensacola HON. BENJAMIN L. CARDIN education, clinical research, and community Police Department as a dispatcher. Jerry OF MARYLAND services. The formula for indirect GME pay- quickly worked his way up the ranks being IN THE HOUSE OF REPRESENTATIVES ments will be changed to more accurately re- promoted to police officer, Sergeant, Assistant Tuesday, March 23, 1999 flect MedPAC’s estimates of true indirect Chief of Police, and early this year, Chief of costs. Mr. CARDIN. Mr. Speaker, I rise today to in- Police. My bill also addresses the supply of physi- Jerry Potts’ service to others goes beyond troduce the All-Payer Graduate Medical Edu- cation Act, legislation that improves the fund- cians in this country. Nearly every commission law enforcement. Chief Potts has always been that has studied the physician workforce has involved in our community. He has served on ing of America’s teaching hospitals and eases the burden on the Medicare Trust Fund. recommended reducing the number of first- the Judges’ Task Force for Children, the may- year residency positions to 110% of the num- or’s Task Force on Community Values, and We have recently learned that medical care costs will double in the next ten years. Health ber of American medical school graduating the Board of Governors for Fiesta of Five seniors. This bill directs the Secretary of HHS, Flags. care budgets, including Medicare, will be caught in the vise of increasing costs and lim- working with the medical community, to de- Mr. Speaker, by any measure of merit, Chief velop and implement a plan to accomplish this Potts is one of America’s best and brightest ited resources. We must try to restrain the growth of Medicare spending, while protecting goal within five years. In doing so, we ensure law enforcement professionals, and he will that rural and urban hospitals that need resi- continue to be an asset for Northwest Florida our teaching hospitals that rely on Medicare and Medicaid as major sources of funding for dents to deliver care to underserved popu- in his new role. As a father of two young boys, lations receive an exception from the cap. I sleep better at night knowing that our streets graduate medical education (GME). Medicare disproportionate share payments are safer and that our children are protected America’s 125 academic medical centers are particularly important to our safety-net because of his life-long efforts. and their affiliated hospitals are vital to the na- hospitals. Many of these hospitals, which treat Chief Jerry Potts has devoted his life to pre- tion’s health. These centers train each new the indigent, are in dire financial straits. This serving the public safety enjoyed by the peo- generation of physicians, nurses and allied bill reallocates disproportionate share pay- ple of the City of Pensacola and the entire health professionals, conduct the research and ments, at no cost to the federal budget, to State of Florida. We are grateful for his con- clinical trials that lead to advances in medi- hospitals that carry the greatest burden of tinuing public service. cine, including new treatments and cures for poor patients. Hospitals that treat Medicaid-eli- f disease, and care for the most medically complex patients. To place their contributions in gible and indigent patients will be able to TRIBUTE TO JESSICA MARIE perspective, academic medical centers con- count these patients when they apply for dis- JENKINS stitute only two percent of the nation’s non- proportionate share payments. In addition, federal hospital beds, yet they conduct 42% of these payments will be distributed uniformly HON. ANNA G. ESHOO all of the health research and development in nationwide, without regard to hospital size or location. Rural public hospitals, in particular, OF CALIFORNIA the United States, provide 33% of all trauma will benefit from this provision. IN THE HOUSE OF REPRESENTATIVES units and 31% of all AIDS units. Academic medical centers also treat a disproportionate Finally, because graduate medical education Tuesday, March 23, 1999 share of the nation’s indigent patients. encompasses the training of other health pro- Ms. ESHOO. Mr. Speaker, I rise today to To pay for training the nation’s health professionals, this bill provides for $300 million honor Jessica Marie Jenkins, an extraordinary fessionals, our academic medical centers must annually of the Medicare savings to support citizen of San Mateo County, California, who rely on the Medicare program. But Medicare’s graduate training programs for nurses and will be inducted into the San Mateo County contribution does not fully cover the costs of other allied health professionals. These funds Women’s Hall of Frame on Friday, March 26, residents’ salaries, and more importantly, this are in addition to the current support that 1999. funding system fails to recognize that graduate Medicare provides for the nation’s diploma Jessica Marie Jenkins is a brilliant high medical education benefits all segments of so- nursing schools. school student who has earned National Merit ciety, not just Medicare beneficiaries. At a time The All-Payer Graduate Medical Education Semifinalist status. Jessica entered high when Congress is revising the Medicare pro- Act creates a fair system for the support of school with an aggressive plan to take the gram to ensure that the Hospital Insurance graduate medical education—fair in the dis- most challenging courses offered. She has set Trust Fund can remain solvent for future gen- tribution of costs to all payers of Medicare, fair

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 5382 EXTENSIONS OF REMARKS March 23, 1999 in the allocation of payments to hospitals. Ev- A dedicated servant, he has served his insti- TRIBUTE TO PHELICIA JONES eryone benefits from advances in medical re- tution, community, family and church with hu- search and well-trained health professionals. mility and insightful leadership. A godly man, HON. ANNA G. ESHOO Life expectancy at birth has increased from 68 placing others before self, he dedicated his life OF CALIFORNIA years in 1950 to 76 years today. Medical ad- to caring for those in need and in so doing IN THE HOUSE OF REPRESENTATIVES vances have dramatically improved the quality achieved a high level of respect from his of life for millions of Americans. And it is large- peers, as signified by the many honors be- Tuesday, March 23, 1999 ly because of our academic medical centers stowed upon him. Ms. ESHOO. Mr. Speaker, I rise today to that we are in the midst of a new era of bio- The University of Texas Health Center at honor Phelicia Jones, an extraordinary citizen technology that will extend the advances of Tyler is honored to recognize, Dr. George A. of San Mateo County, California, who will be medicine beyond imagination, advances that Hurst, Director Emeritus, for his exemplary inducted into the San Mateo County Women’s will prevent disease and disability, extend life, service to mankind as its Director from 1970– Hall of Fame on Friday, March 26, 1999. and ultimately lower health care costs. 1998. Phelicia Jones is the Project Coordinator for The Association of American Medical Col- Mr. Speaker, as we adjourn today, let us do the San Mateo County Nia Mentoring Pro- leges, the National Association of Public Hos- so in honor and respect for this great Amer- gram, a program which provides both personal pitals, the National Association of Children’s ican—Dr. George A. Hurst, M.D. and professional guidance for African Amer- Hospitals, the American Medical Student As- ican youth. Phelicia has overcome both family sociation, the American Physical Therapy As- f tragedy and a drug addiction to become a sociation, the American Occupational Therapy positive role model for others to emulate. Association, the American Speech-Language, TRIBUTE TO EARL HENDRIX—PRO- Through the Twilight Basketball for Youth pro- Hearing Association, and the American Asso- GRESSIVE FARMER’S MAN OF gram, Phelicia works with at-risk youth to help ciation of Colleges of Nursing have all ex- THE YEAR IN SOUTHEAST AGRI- them avoid many of the same pitfalls she en- pressed support for the bill. CULTURE countered. She has also been instrumental in I urge my colleagues to join me in protecting establishing a crime prevention program bene- America’s academic medical centers and the fiting young girls through the Sisters in Style future of our physician workforce by cospon- HON. ROBIN HAYES program. soring the All-Payer Graduate Medical Edu- OF NORTH CAROLINA While a student at the College of San cation Act. IN THE HOUSE OF REPRESENTATIVES Mateo, she earned a 3.75 grade point average f Tuesday, March 23, 1999 and went on to earn a Bachelors Degree from the College of Notre Dame, while simulta- IN RECOGNITION OF DR. GEORGE Mr. HAYES. Mr. Speaker, it is my privilege neously being actively involved in student gov- A. HURST, M.D. and pleasure to rise today to pay special trib- ernment and community affairs. She is cur- ute to Mr. Earl Hendrix of Hoke County, North rently pursuing a Masters Degree at San Fran- HON. RALPH M. HALL Carolina. Mr. Hendrix was recently named cisco State University and working toward a OF TEXAS Man of the Year in Southeast Agriculture by Drug and Alcohol Certificate. IN THE HOUSE OF REPRESENTATIVES Progressive Farmer. Mr. Speaker, Phelicia Jones is an out- Tuesday, March 23, 1999 Earl Hendrix is a lifelong farmer, known for standing woman and I salute her for her re- his quiet, unselfish leadership. He has made markable contributions and commitment to our Mr. HALL of Texas. Mr. Speaker, I rise outstanding contributions to North Carolina ag- community. I ask my colleagues to join me in today to pay tribute to a great American, who riculture as a producer of soybeans, tobacco, honoring her on being inducted into the San has dedicated his life to those less fortunate— corn, small grains, cotton, tobacco seed and Mateo County Women’s Hall of Fame. Dr. George A. Hurst, M.D., of Tyler, Texas. In swine. f honor of his tireless sacrifices and endless Mr. Hendrix has served on many agricultural contributions to the medical community, Dr. PERSONAL EXPLANATION boards over the years including the state Hurst will be named as Director Emeritus at boards of the Cotton Promotion Association, the University of Texas Health Center at Tyler the Small Grain Growers Association and the HON. JUANITA MILLENDER-McDONALD on March 31, 1999. Soybean Producers Association. He is former OF CALIFORNIA The son of American missionaries, Dr. Hurst president of the Soybean Producers. IN THE HOUSE OF REPRESENTATIVES was born in Brazil, attended high school in Georgia and graduated from Austin College. Nationally, Hendrix is serving his third term Tuesday, March 23, 1999 on the United Soybean Board and is chairman He earned his medical degree from the Uni- Ms. MILLENDER-McDONALD. Mr. Speaker, of the USB Production Research Committee versity of Texas Southwestern Medical School on Tuesday, March 16, 1999, I was con- which oversees more than $6 million annually in Dallas and interned at Parkland Memorial ducting official business in my congressional for soybean research nationwide. Hospital. district and missed rollcall votes 50, 51, and In 1964, he came to Tyler as the Clinical Di- Mr. Hendrix has been honored by the North 52. Had I been present I would have voted rector of the East Texas Chest Hospital. In Carolina Association of County Agriculture ‘‘yea.’’ Agents and has been the recipient of the state 1970, he was named Director and worked in f that capacity until January of 1998. In 1977, commissioner’s ‘‘Friend of Agriculture’’ award. the hospital became a part of the University of He has received the Natural Resources Con- HONORING COLORADO BOYS Texas System and was renamed the Univer- servation Service Conservationist of the Year STATE BASKETBALL 2A CHAM- sity of Texas Health Center at Tyler (UTHCT). award and he and his wife, Hazel, are the re- PIONS—CALICHE HIGH SCHOOL Working with the leadership of the UT Sys- cipients of the Extension Area Farm Family of tem, he has guided the institution through a the Year Award. HON. BOB SCHAFFER remarkable period of growth in its facilities in- Mr. and Mrs. Hendrix have three children, OF COLORADO two of whom are partners on the family farm. cluding: the Patient Tower in 1980, the Bio- IN THE HOUSE OF REPRESENTATIVES medical Research Building in 1987, the Med- Mr. Hendrix devotes time and money to sup- ical Resident Center in 1987 and the Ambula- port the local 4–H and his optimistic outlook Tuesday, March 23, 1999 tory Clinic Building in 1996. More importantly, for agriculture is noticed and appreciated by Mr. SCHAFFER. Mr. Speaker, I rise today UTHCT evolved from a chest hospital to an all in the farm community. to extend my heartiest congratulations to the acute care facility with a multiple mission of Mr. Speaker, I am honored to recognize the Caliche High School boys basketball team on patient care, medical education and bio- distinguished service to agriculture and the their impressive Colorado State 2A Champion- medical research. To help fulfill this mission, State of North Carolina of Earl Hendrix for his ship. The victory, a hard fought 54–50 win The Family Practice and Occupational leadership and professional commitment to over Hoehne High School, was a thrilling con- Medicined Residency Programs were begun stewardship of the land and providing food test between two talented and deserving during his tenure. and fiber to the world. teams. In championship competition, though,

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 March 23, 1999 EXTENSIONS OF REMARKS 5383 one team must emerge victorious, and Caliche operation of our neighbors, we have little the law of the land for nearly a decade. Which proved themselves the best in their class— chance of meeting this goal. The United group of federal workers has suffered this un- truly second to none. States, and southern California in particular, thinkable injustice? None other than the The State 2A Championship is the highest cannot afford yielding in our efforts to stop the 39,000 nurses who work for the Department of achievement in high school basketball. This flow of illegal drugs over our borders and into Veterans Affairs (VA) and have devoted their coveted trophy symbolizes more than just the the hands of our children. careers to caring for our Nation’s ailing vet- team and its coach, Rocky Samber, as it also Mr. Speaker, I encourage the Mexican gov- erans. represents the staunch support of the players’ ernment to release drug traffickers which have In the 101st Congress, the House and Sen- families, fellow students, school personnel and been indicted by our government back to ate passed the Nurse Pay Act, well-intended the community. From how on, these people United States officials so they can be properly legislation that was designed to ease a na- can point to the 1998–1999 boys basketball tried in our country. We must protect our chil- tional nursing shortage by allowing VA medical team with pride, and know they were part of dren from such diabolic criminals. center directors to forgo the annual general a remarkable athletic endeavor. Indeed, visi- f schedule (GS) pay schedule that applies to tors to this town and school will see a sign virtually all federal employees. In theory, this proclaiming the Boys State 2A Championship, TRIBUTE TO MARY HARRIS EVANS new law enabled directors to give nurses high- and know something special had taken place er annual raises than other federal workers so there. HON. ANNA G. ESHOO they could recruit and retain a quality work- The Caliche basketball squad is a testament OF CALIFORNIA force. Unfortunately, as soon as the national to the old adage that the team wins games, IN THE HOUSE OF REPRESENTATIVES nurse shortage eased, the intent of the law not individuals. The combined talents of these was manipulated and directors started using Tuesday, March 23, 1999 players coalesced into a dynamic and domi- their discretion to deny raises, provide tiny nant basketball force. Each team member also Ms. ESHOO. Mr. Speaker, I rise today to raises, and even reduce pay rates. deserves to be proud of his own role. These honor Mary Harris Evans, an extraordinary cit- Today, I introduced the VA Nurse Apprecia- individuals are the kind of people who lead by izen of San Mateo County, California, who will tion Act of 1999, legislation that will rectify the example and serve as role-models. With the be inducted into the San Mateo County Wom- pay injustice VA nurses have suffered. This increasing popularity of sports among young en’s Hall of Fame on Friday, March 26, 1999. legislation will ensure that Title 38 VA nurses people, local athletes are heroes to the youth Mary Harris Evans has a rich and varied receive the annual GS increase plus locality in their home towns. I admire the discipline background as a professional and a volunteer. pay so they will be on equal footing with other and dedication these high schoolers have While attending California College of Podiatric federal workers in their area. It will also give shown in successfully pursing their dream. Medicine, Mary founded an outreach program the VA Secretary the discretion to increase The memories of this storied year will last a at Laguna Honda Hospital and treated senior pay, or delegate this authority to directors, if lifetime. I encourage all involved, but espe- citizens in their homes at no charge. Mary is they have trouble recruiting or retaining quality cially the Caliche players, to build on this ex- now a Financial Advisor and Retirement Spe- nurses. perience by dreaming bigger dreams and cialist with Dean Witter, where she assists cli- In the last few years some congressional at- achieving greater successes. I offer my best ents with the management of their portfolios. tention has been focused on the VA nurse wishes to this team as they move forward Throughout her career, Mary has always problem, and the VA has quietly ‘‘encouraged’’ from their State 2A Championship to future made a great commitment to volunteerism, directors to give raises. Still, VA nurses have endeavors. most notably fifteen years service to the Cali- fared far worse than other federal workers. f fornia 4–H. Overall, the average annual increase for VA Mary also serves as President of the Amer- nurses was 50% lower than the standard GS ENCOURAGING MEXICAN GOVERN- ican Baptist Women of the West and helped increase in 1996; 60% lower in 1997; 25% MENT TO RELEASE DRUG TRAF- found the African-American Community Health lower in 1998; and about 17% lower in 1999. FICKERS Advisory Committee. Mary is also a trained Furthermore, abuse from the Nurse Pay Act mediator and was recently instrumental in is widespread and knows no geographic HON. RON PACKARD helping Mrs. Tom Lantos put together a boundaries. From 1996–1999, nurses at 16 OF CALIFORNIA Homeless Theater Project. different VA medical centers had their pay IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Mary Harris Evans is an out- rates reduced by as much as 8% while other standing woman and I salute her for her re- federal workers received annual GS increases Tuesday, March 23, 1999 markable contributions and commitment to our ranging from 2.4% to 3.6%. In addition, from Mr. PACKARD. Mr. Speaker, I rise today to community. I ask my colleagues to join me in 1996–1999, NO raises were given to Grade I, reiterate the commitment of my colleagues honoring her on being inducted into the San II or III nurses (statistically 98% of the VA and I to win the war on drugs and encourage Mateo County Women’s Hall of Fame. nurse workforce) at about 80 VA medical cen- the Mexican government to cooperate with our f ters around the country. Worse still, some efforts. nurses go several years without raises, such Recently a Mexican judge dismissed THE DEPARTMENT OF VETERANS as in Long Beach, CA, where VA nurses re- charges against two drug kingpins, Jesus and AFFAIRS NURSE APPRECIATION ceived no raises in 1996, 1997, 1998 or 1999. Luis Amezcua-Contreras. These brothers have ACT OF 1999 At other centers, meanwhile, nurses have re- both been indicated on narcotics charges by ceived embarrassingly low annual increases— federal grand juries in separate cases in HON. STEVEN C. LaTOURETTE often 1% or lower. Southern California. Mexico has claimed for OF OHIO Mr. Speaker, the Nurse Pay Act deserves years now to be allies of the United States in IN THE HOUSE OF REPRESENTATIVES credit for ending a nursing shortage and mak- the war against drugs, but the fact of the mat- ing salaries competitive. For example, in its ter is that the Mexican government has yet to Tuesday, March 23, 1999 first year nurse pay increased by at least 20% extradite a national drug kingpin for trial in the Mr. LATOURETTE. Mr. Speaker, imagine if at 82% of all VA medical centers. Unfortu- United States to date. the Congress singled out a mostly female nately, the well-intentioned measure’s locality- Mr. Speaker the fact is that United States workforce of 39,000 federal employees and, based pay system eventually ended up pun- drug laws are stricter than those in Mexico under suspension, passed legislation that: ishing many of the 39,000 VA nurses. and drug criminals fear our judicial system. allowed the workers to go up to 5 years in Our VA nurses deserve praise for standing We must send a message to our neighbors to a row without a single raise; by our Nation’s veterans. Many could have the south and these criminals that we will not allowed them to have their pay cut by as sought higher paying jobs in the private sec- be intimidated or weak willed when dealing much as 8% in a single year; tor, jobs that offer annual increases and sign- with this serious issue. or provided for an annual increase as mining bonuses. Instead, most have chosen to It is vitally important for the United States to uscule as one-tenth of one percent. stay with the VA because they care deeply for continue to stand firm in our commitment to Now imagine that a president not only our ailing veterans and enjoy a sense of re- win the war on drugs. Without the full co- signed this measure into law, but that it’s been ward and patriotism from their specialized

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 5384 EXTENSIONS OF REMARKS March 23, 1999 work. In fact, most VA nurses have devoted Intel Science Talent Search for her work in Bill for persons who enlist in the armed serv- their entire careers to caring for our Nation’s high-energy physics. She is the youngest ices for 4 years of active duty service or reen- veterans. The average VA nurse is a 47-year- winner ever in the 58-year-old contest for- list for 4 years of such service effective Octo- merly run by Westinghouse. old female with 11 years tenure. With her prize $50,000 scholarship, the Fair- ber 1, 1999. As a Congress we strive to take care of our view High senior now plans to attend either In exchange for a 4-year enlistment or reen- veterans. Therefore, we should feel embar- Stanford University, the Massachusetts In- listment, individuals would receive an en- rassed that we haven’t taken better care of the stitute of Technology or the California Insti- hanced Montgomery GI Bill that would (a) pay dedicated nurses who care for our veterans. tute of Technology. 90 percent of the costs of tuition and fees, (b) The Congress never meant to create a mech- How did this daughter of Colombian immi- pay a sum equal to the reasonable costs of anism where a VA nurse could receive an an- grants achieve academic excellence? books and supplies, (c) pay a monthly stipend nual raise worth 92 cents a week before taxes Her mother credits Natalia’s natural curi- of $600 per month for full-time enrollment (or osity. or go several years without a raise. It’s no way ‘‘She’s very curious. And she’s a hard- proportional amount for less than full-time en- to treat those who care for our Nation’s vet- working person, and I think she really has a rollment), and (d) repeal the current $1,200 re- erans, and we have an obligation to fix it. passion for learning. I don’t think we did duction-in-pay to be eligible for the benefit. Mr. Speaker, our VA nurses perform a vital anything special,’’ says Beatriz Toro. Each individual would be eligible for 36 service for our Nation’s veterans with great But while Natalia’s parents won’t take months (4 academic years) of benefits. care, professionalism, and compassion. We credit for her accomplishments, they surely Our goal in introducing H.R. 1182 is twofold. now have an opportunity to demonstrate to fueled her love of learning. First, when high school students consider their our nurses that they are truly appreciated by Beatriz and Gabriel Toro came to America post-high school plans, we want them to con- from Colombia in 1979. they chose to teach passing the VA Nurse Appreciation Act of their only child English as her first lan- sider military service as their first option, not 1999. guage. She learned Spanish later ‘‘with our their last. It is no wonder the Army, Navy, Air f help,’’ her mother says, and is fluent in both. Force, and Coast Guard are experiencing Toro, a civil engineer, and his wife, who major recruitment problems. Most college- CONGRATULATIONS TO NATALIA has degrees in psychology and nursing, sent bound youth and their parents see a tour of TORO Natalia to the small, private Bixby Elemen- military service as a detour from their college tary School in Boulder, then to the public plans, not as a way to achieve that goal. We Fairview. She also has attended classes at want to reverse that way of thinking. HON. MARK UDALL the University of Colorado. OF COLORADO ‘‘Those schools, they did their part with Second, we want to empower the youth of IN THE HOUSE OF REPRESENTATIVES my daughter.’’ Mrs. Toro says. America—our future veterans—with a GI Bill that would be limited only by their aspirations, Tuesday, March 23, 1999 But the parents did their part, too. When Natalia asked questions, they tried to an- initiative, and abilities. We want a GI Bill that Mr. UDALL of Colorado. Mr. Speaker, I rise swer them. When they didn’t know the an- would allow a young person to be able to af- today to honor Natalia Toro, who took top swers, they headed to the library to find the ford any educational institution in America to honors in the Intel Science Talent Search. Ms. answers. which that individual could competitively gain Toro is a 14 year-old senior at Fairview High ‘‘I think the most important thing is that admittance. School in Boulder, Colorado. your kids are happy,’’ Mrs. Toro says. ‘‘When you’re telling the kid, ‘You have to do this Our legislation is inspired by, and is sub- In winning this prestigious award, Natalia and you have to do that,’ I don’t think it stantively very similar to, a recommendation bested 40 finalists, who were selected from a works. I wouldn’t push a child.’’ made in the comprehensive January 14, 1999, nationwide pool of 300 semi-finalists. In addi- ‘‘It sounds funny, but I didn’t do anything report of the Congressional Commission on tion, she is the youngest winner ever of the special with my daughter,’’ Servicemembers and Veterans Transition As- Intel Science Talent Search. That depends on what constitutes ‘‘spe- sistance, chaired by Anthony J. Principi. Ms. Toro’s entry was a physics project in cial.’’ As we look to the future, I believe it’s in- which she studied oscillation of neutrinos, the Not all parents take a child’s questions se- structive to glance at our past. As my col- riously enough to research until they find most elusive of subatomic particles. She com- the answers. But doing so surely send the leagues are aware, 55 years ago the Con- pleted her research on this subject while par- message that learning is fun. gress sent to President Roosevelt’s desk a ticipating in the Research Science Institute at Not all immigrants are able to make sure piece of legislation that truly transformed our the Massachusetts Institute of Technology last their children learn English before the par- Nation—arguably the greatest domestic legis- summer. ents’ native language. But doing so surely lation since the Homestead Act. Legislation While I take pride in highlighting Ms. Toro’s eases a child’s way through U.S. schools. that is popularly known as the GI Bill of achievement in this competition, I am equally And not all families place a priority on Rights. The World War II GI Bill was one of happy to salute her love of science and learn- happiness. But it seems only natural that a the boldest investments our Nation has ever happy child would be a curious, alert and ing. I firmly believe that we can offer our chil- motivated child. made. It was certainly one of Congress’ finest dren no greater gift than to instill in them a We salute Natalia for the path she has hours, because World War II veteran-students love of learning. The Toros are an example of taken, and we commend her parents and her did not just pass through the American system how parental involvement can play a critical schools for helping her to find that path. of higher education, they transformed it. That role in a child’s intellectual development, as This is a girl who does Colorado proud. legislation, and those veteran-students, cre- well as the child’s overall success in life. f ated today’s leaders and the modern middle Mr. Speaker, it gives me great pride to class. share with my fellow members of the House of SERVICEMEMBERS EDUCATIONAL Mr. Speaker, I cannot recount how many Representatives the outstanding achievement OPPORTUNITY ACT OF 1999 times in my 22 years here that a Member of of Natalia Toro. I would like to acknowledge this body has said he probably would not be her parents, Beatriz and Gabriel Toro, for in- HON. BOB STUMP here today if it were not for the World War II spiring her thirst for knowledge. The Denver OF ARIZONA GI Bill. Our proposal to return to a World War Post Recently highlighted Natalia’s achieve- IN THE HOUSE OF REPRESENTATIVES II-type GI Bill is not about a program of the ment. Mr. Speaker I submit a Denver Post ar- past, it’s about empowerment for the future. Tuesday, March 23, 1999 ticle to be included in the CONGRESSIONAL Has society, and our values, changed so dra- RECORD. Mr. STUMP. Mr. Speaker, on March 18, matically that a revered education program [From the Denver Post, July 14, 1998] 1999, I introduced H.R. 1182, the that was so successful 55 years ago no longer Servicemembers Educational Opportunity Act applies to today’s servicemembers? THE SCIENCE OF NURTURING of 1999, along with Mr. SPENCE, Mr. SMITH of For 223 years, military service has been our Congratulations to Natalia Toro, who at New Jersey, Mr. QUINN, Mr. EVERETT, Mr. Nation’s most fundamental form of National age 14 already has become a role model, especially for other first-generation American HAYWORTH, Ms. CHENOWETH, Mr. LAHOOD, Mr. Service. When we talk about education policy youths. HANSEN, Mr. MCKEON, Mr. GIBBONS, Mr. TAL- in this country, I think our starting point is that Natalia’s proficiency in mathematics and ENT, and Mr. BILIRAKIS. This measure would we owe more to those who voluntarily have science propelled her into first place in the enhance benefits under the Montgomery GI worn the uniform because they have earned

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 March 23, 1999 EXTENSIONS OF REMARKS 5385 more by virtue of their years of service. The THE VOLUNTEER FIREFIGHTER COLUMNIST DENNIS ROGERS ON fundamental difference between the GI Bill EQUIPMENT ENHANCEMENT ACT THE PLIGHT OF TOBACCO FARM- that we propose and other meritorious Federal OF 1999 ERS student financial aid programs is that ours is truly earned. HON. SAM GEJDENSON HON. BOB ETHERIDGE About 60 percent of active duty OF NORTH CAROLINA servicemembers are married when they sepa- OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES rate from the military, and many have children. IN THE HOUSE OF REPRESENTATIVES Tuesday, March 23, 1999 They find out quickly that the gulf between the Tuesday, March 23, 1999 Mr. ETHERIDGE. Mr. Speaker, I grew up on purchasing power under the Montgomery GI a tobacco farm, and I continue to grow to- Bill and current education costs is indeed a Mr. GEJDENSON. Mr. Speaker, I rise, along bacco today. Higher federal taxes and litiga- large one. Today’s Montgomery GI Bill, prop- with Mr. ENGLISH from Pennsylvania, to intro- tion by the states have severely altered the erly named for our distinguished former col- duce the Volunteer Firefighter Equipment En- market for tobacco and have led to income league who worked indefatigably on the legis- hancement Act of 1999. losses of thirty five percent for tobacco farm- lation for almost 7 years prior to its enactment, Communities in my district and around the ers in the past two years alone. The actions unfortunately falls short by $6,007 annually in Nation rely on volunteer firefighters to protect that have led to this point have been taken in paying tuition, room and board, fees, books, lives and property day in and day out. My dis- retaliation against the industry and its prac- and transportation at public institutions, and trict includes 54 towns, and there are 91 vol- tices, but the harm has been felt on the farm. $15,251 at private institutions. Veterans de- unteer fire departments. These brave men and Tobacco farmers need help. serve better. And I note the cost figures I cite women leave their jobs and get up in the mid- Since coming to the House two years ago, are for 1996—the most recent data available. dle of the night to battle fires, respond to auto I have tried to articulate to Congress the plight accidents, and provide a wide range of other tobacco farmers are in as a result the ongoing Through fiscal year 1997, some 13 years tobacco wars. Earlier this month, Dennis Rog- after the enactment of the Montgomery GI Bill emergency services. These services would not be available without these volunteers. We ers, a columnist with The News and Observer test program, only 48.7 percent of veterans must do as much as we can to help our fire- daily newspaper in Raleigh, North Carolina, have utilized it. Conversely, between 1966 and fighters as they put their lives at risk to help wrote an excellent essay on the position to- 1976, 63.6 percent of Vietnam-era veterans people in their communities. bacco farmers find themselves in 1999. Mr. used their education benefits. Speaker, I request that Mr. Rogers’ article be Many of our Nation’s volunteer firefighters placed at this point in the RECORD, and I hope We need a GI Bill that harnesses the unique companies have taken on tasks far beyond it will provide guidance to us all as we debate resource that veterans represent. We want to firefighting. Years ago, volunteer companies issues related to tobacco in the future. Con- accelerate, not delay, their entry into the civil- could fulfill their mission with one pumper gress can benefit greatly from the clear-eyed ian work force. We need a GI Bill that rewards truck and a few ladders. Today, as we ask our perspective of this insightful North Carolinian veterans for faithful service and that makes it volunteers to take on more and more tasks, whose feet are planted firmly on the ground. more likely that they will serve among the they need much more equipment. However, ranks of the country’s future leaders and opin- our tax laws have not kept up with the chang- [From the News & Observer, Mar. 3, 1999] ion shapers. ing demands. IT’S NOT GREED, BUT DESPERATION What better investment can we make in the Section 150 (e)(1) of the tax code states: ‘‘A (By Dennis Rogers) youth of this country? A GI Bill that would be bond of a volunteer fire department shall be The numbers are so obscenely large as to limited only by the aspirations, initiative, and treated as a bond of a political subdivision of be meaningless: There is $4.6 billion to be paid by the tobacco industry to the state of abilities of the young man or woman involved. a state if * * * such bond is issued as part of North Carolina over 25 years. There is $1.97 A GI Bill that largely would allow a young per- an issue 95 percent or more of the net pro- billion for a trust fund to be spread among son to afford any educational institution in ceeds of which are to be used for the acquisi- the state’s tobacco farmers over the next 12 America to which that individual could com- tion construction, reconstruction, or improve- years. petitively gain admittance. What a powerful ment of a firehouse * * * or firetruck used or But regardless of how much money tobacco message to send across America. What an to be used by such department.’’ farmers eventually get, if any, what are they supposed to do then? emphatic statement to send to working and The law only allows volunteer fire depart- Unless you’re a farmer, you probably don’t middle class families who go into great debt to ments to use the benefits of municipal bonding care. You’ve made it clear in your e-mails finance their children’s higher education be- if the department is building a fire station or and phone calls that many of you think to- cause they are told they make too much buying a firetruck. They cannot issue bonds to bacco farmers are whiners trying to hang on money to qualify for Federal or State grants. buy ambulances, rescue trucks or other emer- to a dying business. Nobody guarantees me a gency response vehicles which are critical to living, you’ve cynically said, so why should In closing, I submit to my colleagues that protecting citizens across our Nation. we do it for them? why my cosponsors and I are proposing is not But unlike you, I’ve heard from the farm- just about an education program that we be- The legislation that Representative ENGLISH ers, too, strong men and women who are lieve would serve as our best military recruit- and I are introducing today would simply scared about their futures. It is enough to change this provision by striking the phrase break your heart. ment incentive ever for the All-Volunteer What they talk about most is not the Force; or after their service provide unfettered ‘‘or firetruck’’ and inserting ‘‘firetruck, ambulance or other emergency response vehicle.’’ It money, but losing their souls, their culture, access to higher education at the best their foundation and their heritage. They is a simple change in law that will help volun- schools; or provide unbounded opportunity for talk about the land their ancestors entrusted teer fire companies acquire the tools they our youth that cuts across social, economic, to their care and the shame they would feel need to carry out their expanded mission. The ethnic, and racial lines. What we have pro- in losing it. bill would also extend the tax treatment that They talk about wanting to give their chil- posed is what is best for America. volunteer fire companies receive to volunteer dren the chance they had, to stand under a I believe the notion of service to our Nation, ambulance companies. hot Carolina sun and feel your own land beneath your feet, the same land that once service in an All-Volunteer Force, and the cor- I believe that if we are going to ask our vol- responding opportunity for all of us to partici- nurtured the old folks buried in the church unteers to take on these additional burdens, cemetery just down the road. pate in our great economic system sustained we must help them obtain the equipment they ‘‘What am I going to do if I stop farming?’’ by that service, is a core value we simply need. asked Johnston County’s John Talbot as we must pass on to the next generation. It is a rode in Monday’s protest through the streets This is a small first step in the United States of Raleigh. ‘‘I’m 45 years old. Who is going to core value we can neglect, but only at our recognizing volunteer firefighters as the he- own peril. hire me?’’ roes that they are. Unpaid, but not under- Who, indeed? If the tobacco farmers of Mr. Speaker, I urge all Members of the appreciated, we have much more to do to help Eastern North Carolina stop farming, what House to join me in support of H.R. 1182. firefighters, but this will be a good first step. will become of them? A rootless corporate

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0689 Sfmt 0634 E:\BR99\E23MR9.000 E23MR9 5386 EXTENSIONS OF REMARKS March 23, 1999 culture is all a lot of city folks around here benefits the older worker’s well-being and en- CONDEMNING THE MURDER OF know. They do not understand or feel sym- hances the community. Green Thumb will rec- ROSEMARY NELSON AND URGING pathy for the middle-aged farmer who senses ognize America’s Oldest Worker as well as 52 PROTECTION OF DEFENSE AT- that the very ground beneath his feet is mov- TORNEYS IN NORTHERN IRE- ing away. Outstanding Older Workers from each state A country family’s desperate need for inde- following National Employ the Older Worker LAND pendence may not mean much to those of us Week. who have never had it. There are a lot of us Mr. Speaker, I encourage my colleagues to HON. CHRISTOPHER H. SMITH who have never known anything but the join me in recognition of National Employ the OF NEW JERSEY slavery of working for a paycheck. We might Older Worker Week. I also applaud Green IN THE HOUSE OF REPRESENTATIVES even resent a farmer’s plea that he should be Thumb of New England and wish them contin- Tuesday, March 23, 1999 helped to maintain a way of life that seems ued success in improving the lives of our sen- so alien to us. Mr. SMITH of New Jersey. Mr. Speaker, I But what option do they have? There are ior citizens. few good jobs in the tobacco country where rise to introduce a bipartisan resolution which they live? We’ve kept most of the good jobs f condemns the brutal murder of Northern Ire- land defense attorney Rosemary Nelson and for ourselves and left country folks who live HONORING PETER R. VILLEGAS a long way from town with precious little to calls on the British Government to launch an turn to now that their lives and times have independent inquiry into Rosemary’s killing. gotten tough. HON. LORETTA SANCHEZ The resolution also calls for an independent But before you turn your back on them, OF CALIFORNIA judicial inquiry into the possibility of official col- ask yourself whether they helped make your IN THE HOUSE OF REPRESENTATIVES lusion in the 1989 murder of defense attorney good job possible. Farmers have long seen Patrick Finucane and an independent inves- their tax dollars pay corporations to bring Tuesday, March 23, 1999 jobs to the state that they, because of where tigation into the general allegations of harass- they live and the skills they don’t have, can Ms. SANCHEZ. Mr. Speaker, today, I rise to ment of defense attorneys by Northern Ire- never hope to get. congratulate Peter R. Villegas, president of the land’s police force, the Royal Ulster Constabu- Now, they say, that same government is Hispanic Chamber of Commerce of Orange lary (RUC). I am pleased that Mr. GILMAN, Mr. reluctant to given them what they see as County for 1998. KING, Mr. CROWLEY, Mr. PAYNE, and Mr. their fair share of the money from tobacco During his presidency, the Hispanic Cham- MENENDEZ are original sponsors of this resolu- companies they have depended on for their ber of Commerce accomplished many goals. tion. livelihood. The Chamber increased its membership and Mr. Speaker, Rosemary Nelson was a There was a sign on a tractor driven by a corporate sponsors, produced many success- woman in Monday’s protest that read, ‘‘We champion of due process rights and a con- are not greedy. We are desperate.’’ ful events such as the ‘‘Estrella Awards and scientious and courageous attorney in North- We may yet succeed in forcing our farmers Installation Dinner,’’ Job and Career Fair, ern Ireland. She was the wife of Paul Nelson from their fields, and contrary to their hol- Business Finance Forum, Business Without and the mother of three young children: Chris- low threats, no, we will not go hungry. Borders International Conference, and the topher (13), Gavin (11), and Sarah (8). Her But they will. Their souls will wither just Business Development Conference. murder was a cowardly act by those who are as surely as a spring daffodil fades away Mr. Villegas has also represented the cham- the enemies of peace and justice in Northern when it is picked and brought indoors. ber in many official capacities. He has met Ireland. Her death is a loss felt not just by her f with Vice President AL GORE, officials of the family and friends, but by all of us who advo- Department of State, Members of Congress, cate fundamental human rights. IN RECOGNITION OF NATIONAL State, county, and local officials, as well as I first met Rosemary Nelson in August, EMPLOY THE OLDER WORKER leaders of enterprise and industry. 1997, when she shared with me her genuine WEEK AND GREEN THUMB OF Mr. Villegas has provided leadership locally concern for the administration of justice in NEW ENGLAND and nationally, by serving on the Congres- Northern Ireland. She explained how, as an sional Hispanic Caucus Institute based in attorney, she has been physically and verbally HON. JAMES P. McGOVERN Washington, DC, as a board member of the assaulted by RUC members and how the OF MASSACHUSETTS University of Southern California—M.A.A.A., RUC sent messages of intimidation to her IN THE HOUSE OF REPRESENTATIVES the corporate advisory board of the Latin Busi- through her clients. Many of her clients were ness Association, and as a board member for harassed as well. Tuesday, March 23, 1999 the Puente Learning Center. Other member- Notwithstanding these threats, Rosemary Mr. MCGOVERN. Mr. Speaker, I rise today ships include the Challengers Boys and Girls Nelson still carried an exhaustive docket which in recognition of National Employ the Older Club, board member of the Chicano Federa- included several high profile political cases. Worker Week and Green Thumb, Inc. of New tion of San Diego, and committee member of She became an international advocate for the England. National Employ the Older Worker the Martin Luther King Legacy Association. He rule of law and the right of the accused to a Week (March 14–20) recognizes the contribu- is the recipient of the 1997 Minorities in Busi- comprehensive defense and an impartial hear- tion that older workers make in America and ness Magazines Latin American Corporate ing. She also worked hard to obtain an inde- encourages participation in the Green Thumb Prism Award, and the City of Santa Ana Ex- pendent inquiry into the 1989 murder of de- program. It celebrates the unique skills, and ceptional Volunteer Award. fense attorney of Patrick Finucane. talents that are gained through years of expe- Mr. Villegas manages regional relationships For this, Rosemary Nelson was often the rience and hard work. It also brings attention with key community coalitions, including the subject of harassment and intimidation. For to one of the greatest resources in America: WaMu Community Council and regional her service to the clients, on March 15, 1999, the older worker. WaMu Diversity Advisory Group. He is respon- Rosemary Nelson paid the ultimate price with Green Thumb is a non-profit organization sible for managing the Corporate Giving Pro- her life—the victim of a car bomb. that aims to strengthen our families and com- gram with a focus on the Community Rein- Last September, 1988, Rosemary testified munities, as well as our nation, by equipping vestment Act qualified grants. He also serves before the subcommittee I chair, International older and disadvantaged individuals with op- as the regional contact for governmental offi- Operations and Human Rights. She told us portunities to learn, work, and serve the com- cials, provides corporate representation in the she feared the RUC. She reported that she munity. Founded in 1965, Green Thumb has regional market, and provides leadership in had been ‘‘physically assaulted by a number helped over 500,000 seniors. The services are the ethnic market. In addition, Mr. Villegas is of RUC officers’’ and that the RUC harass- provided to numerous older citizens. Some are the regional manager of Washington Mutuals ment included, ‘‘at the most serious, making retirees who have not yet begun collecting So- $120 billion commitment to the community. threats against my personal safety including cial Security and require additional income Colleagues, please join with me today in sa- death threats.’’ She said she had no con- from full or part-time employment. Other re- luting Peter R. Villegas, an individual who has fidence in receiving help from her government cipients take part in the program in order to dedicated his knowledge and expertise to the because, she said, in the end her complaints develop new skills, pursue individual interests, betterment of the Hispanic community and about the RUC were investigated by the RUC. or utilize their time in a productive manner. It business relations on every level. She also told us that no lawyer in Northern

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 March 23, 1999 EXTENSIONS OF REMARKS 5387 Ireland can forget what happened to Pat and Wildlife Service, especially within Cali- all of this, not one fly has been found in this Finucane, nor can they dismiss it from their fornia, is working outside of the ESA and es- area. Apparently, the Branch Chief of the minds. She said one way to advance the pro- sentially undermining its original intent. Fish Carlsbad Fish and Wildlife Office heard the tection of defense attorneys would be the es- and Wildlife in California has overstepped their buzz of the fly, but did not see it, and now tablishment of an independent investigation bounds. wants $32 million. In testimony before the Riv- into the allegations of collusion in his murder. As the Congressman for western Riverside erside County Board of Supervisors, this per- Despite her testimony and her fears, the County in southern California, ESA enforce- son said—and I quote—‘‘. . . if you hear a car ment is an important issue for me and my British government now wants to entrust the down the street that’s your favorite model, you constituents because southern California is investigation of Rosemary Nelson’s murder to kind know the engine sound and you know home to one-third of all listed endangered the very agency she feared and mistrusted that it’s the car that you like—so you know for most, the RUC. Instead, I believe that in order species. I have received a large number of someone that studies this sort of species you for this investigation to be beyond reproach, complaints about the overzealous enforcement get a feel for the noise.’’ This is ludicrous. Fish and to have the confidence and cooperation of of ESA from landowners, farmers, former Fish and Wildlife is using Dr. Seuss methods from the Catholic community that Rosemary Nelson and Wildlife employees, and community lead- adeptly represented, it must be organized, ers. Complaints have increased dramatically in ‘‘Horton Hears a Who’’ to make policy for mil- managed, directed and run by someone other the last year compared to what I was hearing lions of citizens. At the very least, we should than the RUC. It just begs the question as to when I was first elected 6 years ago. A lot of amend the ESA to require than an endan- whether or not we can expect a fair and im- my colleagues have been asking me about gered species must actually be seen, not just partial investigation when the murder victim Fish and Wildlife’s questionable enforcement heard. herself had publicly expressed deep concern of the ESA in southern California and in my The other case involves the Quino about the impartiality of RUC personnel. district. I am here to share some clear exam- checkerspot butterfly. Once again, after poorly Mr. Speaker, the major international human ples of Fish and Wildlife’s outrageous conduct handling several listings, Fish and Wildlife has rights groups, including Amnesty International, in their enforcement of the ESA. Riverside precipitated another crisis in southern Cali- Laywers Committee for Human Rights, British/ County led the charge in working with the fornia. Recently the Service published a ‘‘sur- Federal Government to comply with the ESA, Irish Human Rights Watch Committee for the vey protoco’’ for the Quino checkerspot but- and had the original Stephen’s kangaroo rat Administration of Justice, and Human Rights terfly, which requires landowners to survey Watch have all called for an independent in- plan which ultimately took 8 years to get ap- their property for the Quino before beginning quiry. Param Cumaraswamy, U.N. Special proval and cost over $42 million. Later on, any development. They did so less than a Rapporteur on the independence of judges Riverside County formed the Western River- month before the beginning of the butterfly’s and lawyers, who completed an extensive side County Multiple Species Habitat Con- human rights investigative mission to the servation Plan Advisory Committee in order to very short flying season. However, Fish and United Kingdom last year, has also called for ensure a strong working relationship with con- Wildlife went a step further and issued a sur- an independent inquiry of Rosemary Nelson’s servation agencies and Fish and Wildlife. vey protocol that prohibited development of all murder. Yet, it seems to be a cardinal rule in dealing land until at least early June 2000. The other At our September 29, 1998 hearing, Mr. with the Fish and Wildlife Service that ‘‘No day, in a seeming reversal of this earlier posi- Cumaraswamy stated that he found harass- Good Deed Goes Unpunished.’’ Riverside tion, Fish and Wildlife is allowing surveys to ment and intimidation of defense lawyers in County, the Riverside County Habitat Con- be done this year. But, the Service still re- Northern Ireland to be consistent and system- servation Agency, several cities, and Fish and served the right to invalidate any survey due atic. He recommended a judicial inquiry into Wildlife all signed a planning agreement which to the shortened flying season. This is like the the threats and intimidation Rosemary Nelson laid out a conservation plan for the entire IRS giving you your tax bill and noting that and other defense attorneys had received. It’s western half of Riverside County. Under that they have the right to charge you more later— hard not to wonder if the British government agreement, Fish and Wildlife would be re- which is something they have actually done had taken the Special Rapporteur’s rec- quired to provide the benefits and the ultimate and why Congress passed IRS reform legisla- ommendations more seriously, Rosemary Nel- cost of the plan within 6 months of signing the tion. Fish and Wildlife should take notice. So, son might have been better protected and still agreement. Now, 2 years later, Fish and Wild- the Service is allowing landowners to spend life is refusing to provide this information to with us today. thousands of dollars to conduct a survey that the planning agency which they had contrac- I express my hearfelt condolences to the they may or may not consider valid next year. Nelson family and I urge my colleagues to tually agreed to do. This was a bad faith effort support the following resolution. on the part of Fish and Wildlife. The current Fish and Wildlife problem has f Specifically, there are two recent cases become so large, expensive, and harmful to where Fish and Wildlife has shown how de- our community that it cannot be overlooked THE ENDANGERED SPECIES ACT structive they can be in southern California. any longer. In 1995, ESA costs exceeded MUST BE REFORMED The first case is the Delhi-sands flower-loving $325 million of Federal money. However, the fly. A handful of flies were discovered at the cost to local and State governments was bil- HON. KEN CALVERT proposed site for the San Bernardino County lions and billions of dollars. Taxpayer funding OF CALIFORNIA hospital. Fish and Wildlife ordered the county has increased 800 percent since 1989. This is IN THE HOUSE OF REPRESENTATIVES to move the building 300 feet, at a cost of a call to common sense. Fish and Wildlife’s $3.5 million. That’s about $10,000 a foot. The Tuesday, March 23, 1999 district offices at the very least have the re- Galena Interchange, a freeway construction sponsibility to balance the rights of species Mr. CALVERT. Mr. Speaker, the Endan- project in my district is being held hostage by with the rights of landowners and taxpaying gered Species Act was originally enacted in this fly. The Galena Interchange is not an ex- citizens of the United States. Local bureau- 1973 with overwhelming support in the House pansive new highway program—we are not crats are undermining Americans’ desire to by a vote of 355 to 4 and in the Senate 92 to talking about building the Golden Gate Bridge. 0. The original intent: to conserve and protect It’s a simple project connecting Interstate 15 to save truly endangered species by engaging in American species of plant and wildlife that are Galena Street and it received $20 million in arbitrary and unreliable rulemaking. Our citi- threatened with extinction, with species taken Federal, State, and local funds last year for a zens and our endangered species deserve off the list when their numbers have recov- desperately needed project. After the plans better. While we build a consensus in the ered. However, during ESA’s 25 years, over were designed and the funds allocated, Fish Congress on how to update the Endangered 1,154 animals and plants have been listed as and Wildlife now claims the county needs to Species Act, we should, at the very least, ex- endangered or threatened yet only 27 species establish a preserve for the Delhi-sands flow- pect two things: (1) Fish and Wildlife must have been removed from the list. ESA has er-loving fly. Fish and Wildlife wants as many keep its commitments; and, (2) Fish and Wild- protected important species, including our Na- as 200 acres of the Inland Empire’s priciest in- life should use its discretion, under the law, tion’s most prized symbol—the bald eagle dustrial land for habitat mitigation. Two hun- not as a weapon against landowners, but as which is one of the few actually removed from dred acres could cost as much as $32 million; a tool to help communities comply with the the list. Today, it appears as though the Fish $32 million for a $20 million project. On top of law.

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 5388 EXTENSIONS OF REMARKS March 23, 1999 COMMENDATION OF MARGARET by the surgeons. The Congress also estab- those humble beginnings, we have a pharma- GONTZ lished a military hospital to care for the ceutical industry which is second to none in 20,000-man militia involved in the Revolu- the world. tionary War. As with other medical care per- The last Apothecary-General, Colonel HON. GEORGE W. GEKAS sonnel, the apothecaries were directed to James Cutbush was also an author and a OF PENNSYLVANIA visit and tend to the needs of those who were teacher. He was appointed in 1814 as assist- IN THE HOUSE OF REPRESENTATIVES sick or wounded. Dr. Morgan, physician-apothecary, as di- ant Apothecary-General of the United States Tuesday, March 23, 1999 rector of the Department of Hospitals wrote Army and served admirably during the War of 1812. By an act of Congress in 1815, the Mr. GEKAS. Mr. Speaker, I would like to to Dr. Jonathan Potts, deputy director, in- Army was reduced to a minimum and many commend Ms. Margaret Gontz, who at the age forming him that ‘‘a warrant to Mr. Andrew Craigie to act as an apothecary’’ had been officers were retired. President Madison, the of 72, gave up something that most people issued. Potts was advised that the appoint- same year, directed that the Apothecary- look forward to: her retirement. That was 10 ment of Craigie will be particularly useful General and two assistants be retained in the years ago. Today, at 81, Ms. Gontz is one of due to his experience. ‘‘Without such a one, ‘‘Military Peace Establishment of the United the top employees in the Pennsylvania Higher I know not how you could either procure suf- States.’’ The office of Physician and Surgeon Education Assistance Agency in Harrisburg. ficient medicines for your department or dis- General was abolished and the Apothecary- She came back for family: to help her grand- pense them when got.’’ Dr. Morgan was an General became the ranking officer in the son pay for college. And she came back for influential advocate for the separation of Medical Department until 1818, when the herself: she just wanted to be on the job. Ms. medicine and pharmacy in America. He first Surgeon General was appointed. As a taught pharmacy and is credited with the in- professor at West Point Military Academy, Gontz has been cited as an exemplary em- troduction of prescription writing in Amer- ployee at PHEAA—where most of her co- James Cutbush became a pioneer in the ica. chemistry of explosives. workers are in their 20s and 30s. Now she is Morgan, additionally admonished Dr. Potts being honored as ‘‘Pennsylvania’s Outstanding ‘‘to make it a part of the duty of mates to In support of the proposal to re-establish Older Worker,’’ and is being recognized as assist the apothecary in making up and dis- the office of Apothecary-General nationally, part of Prime Time Awards, a national celebra- pensing medicine.’’ He states, ‘‘The Apothe- pharmacy practitioners with expertise in tion of the contributions of older workers tak- cary to all intent is to be looked on in rank drug use and misuse (abuse) make daily contributions to the delivery of medical care. ing place this week in Washington. Ms. Gontz as well as pay in the light of the surgeon and respected accordingly and if he is capable, he Pharmacists are the most readily available cites accuracy, timeliness and productivity as should in return, do part of the surgeon’s and approachable professionals, often work- contributing to her success. ‘‘I rate myself as duty.’’ During the period of 1775–1780, there ing seven days a week and sometimes 24 a normal person doing my job like I should were several Apothecary-Generals serving in hours a day. Frequently, they are the initial do,’’ she says. Ms. Gontz, you are not a ‘‘nor- three of the four Revolutionary War Dis- portal of entry into medical care by advising mal’’ person. You are very rare indeed. tricts. In 1780, a reorganization of the mili- the appropriate non-prescription drug for f tary medical department concentrated all non-serious ailments, championing healthy authority in one medical staff, and Andrew life styles, and making referrals to other THE URGENT NEED FOR A Craigie became sole Apothecary-General. He professionals for needed care when appro- NATIONAL DRUG EXPERT served as such until the end of the War when priate. a treaty with Britain was signed in 1783. Many apothecaries played vital roles in the Pharmacists provide the greatest number HON. JOE BARTON American Colonies’ struggle for independ- of professional daily exposures to the popu- OF TEXAS ence. Among them was American military lation as more than two billion prescriptions IN THE HOUSE OF REPRESENTATIVES hero Dr. Hugh Mercer, physician-apothecary, are dispensed annually. They also provide a who operated a pharmacy in Fredericksburg high level of pharmaceutical care by moni- Tuesday, March 23, 1999 from 1771 until the beginning of the Revolu- toring prescription and non-prescription Mr. BARTON of Texas. Mr. Speaker, I sub- tion. General Mercer suffered wounds and drug use to insure that therapeutic objec- mit the following paper as a request for a con- died on the battlefield in 1777. Following his tives are achieved. Additionally, for the death, the Congress approved a monument to stituent of mine from Burleson, Texas. His tenth successive year, the Gallup Poll found be erected in Fredericksburg with the fol- that the American consumer ranks the phar- name is Kenneth Hunter and he collaborated lowing inscription: macy practitioner as the most trusted pro- with Prof. Rinaldo DeNuzzo on the following ‘‘Sacred to the memory of Hugh Mercer, fessional in the land. article which cites a need for a federal office Brigadier-General in the Army of the United During the 1986–96 decade, alcoholism and with a national drug expert. This is not an en- States. He died on the 12th of January, 1777, of the wounds he received on the 3rd of the drug addiction were key elements in the ex- dorsement either for or against their effort, but plosion in our national prison population. In a submission of their idea. same month, near Princeton, NJ, bravely defending the liberties of America. The Con- a recent Columbia University study, the THE URGENT NEED FOR A DRUG EXPERT gress of the United States, in testimony of number of inmates in federal, local, and In recognition of the dynamic changes his virtues and their gratitude, has caused state prisons tripled from 500,000 to 1,700,000. which continue to occur in the delivery of this monument to be erected.’’ Drugs and alcohol were involved in 80% of health care services in the United States and Dr. Mercer’s historic apothecary shop is the incarcerations. The President’s appoint- globally, it is suggested that the President currently maintained by the Association for ments of the last two drug Czars consisted of and/or Congress re-establish the office of the Preservation of Virginian Antiquities in an educator and a military officer which led Apothecary-General which disappeared from Fredericksburg, VA. It is open to the public. to a spirited attempt to solve our war on the United States Army in the first quarter Apothecary Christopher Marshall was com- drugs with limited positive results. It is time of the nineteenth century. This skilled missioned by the Continental Congress in to appoint a drug expert to solve the prob- health care professional of equal status, 1776, the year the Declaration of Independ- lems. Pharmacists’ specialty lies in the while working in tandem with the Surgeon- ence was signed, to oversee service given to knowledge of drugs. They relate well to peo- General, would provide advice and counsel to the needs of soldiers in Philadelphia hos- ple in a positive fashion, and have been found the office of the President, the Congress and pitals. Two years later, the first Military to be outstanding administrators. others. This professional with offices in Pharmacopea was issued in Philadelphia. The authors of this paper hope that their Washington, DC, will serve to coordinate and It is noted that the American Revolu- oversee all aspects of mandated and other tionary War served to provide us with inde- actions will start a ground swell movement programs involving drug use or abuse by the pendence and a foundation upon which the to give new recognition to the practice of general public, military, veterans, and oth- practice of pharmacy in America is based. pharmacy and its practitioners in a rational ers. For example, we had shops where medicines and accountable way. If action is taken, the Originally, the Office of Apothecary was for consumer use were used to provide nec- use of an Apothecary-General may lead to an created by action of the American Congress essary supplies for militia. The role of apoth- increase in efficiency in the Federal bureauc- in 1775. The need for such an official became ecary was defined by Dr. Morgan as ‘‘Making racy, a significant decrease in the number of evident to Dr. John Morgan, the second of and dispensing medication.’’ Dr. Craigie fa- citizens incarcerated, and reduce Federal four Medical Directors of the American Rev- cilitated the establishment of laboratories and State spending. We have the talent and olutionary Army. Morgan recognized the and storehouses where medicines were pre- leadership ability; so let’s save the taxes. need for coordination of the valuable skills pared and implemented, and the army apoth- This is now the time to re-establish the of- provided by the apothecaries as well as those ecary visited (counseled) the sick. From fice of Apothecary-General.

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0689 Sfmt 0634 E:\BR99\E23MR9.000 E23MR9 March 23, 1999 EXTENSIONS OF REMARKS 5389 GREEK INDEPENDENCE DAY—178 serve to remind us of the beginning of a com- year to come, it is not a cause to celebrate for YEARS OF GREEK INDEPENDENCE munity that will benefit retired homeowners tomorrow marks the ten year anniversary of and communities throughout our nation. It is the Exxon Valdez oil spill. Ten years did not HON. JANICE D. SCHAKOWSKY my distinct honor to congratulate the citizens heal the wounds inflicted on Prince William OF ILLINOIS of Laguna Woods and to welcome them as Sound, and neither did it lessen our memory IN THE HOUSE OF REPRESENTATIVES California’s next great city. of this terrible event. Yet a decade later, de- f spite the lessons that should have been Tuesday, March 23, 1999 learned, powerful, special interests seek to Ms. SCHAKOWSKY. Mr. Speaker, I rise FORTY-THIRD ANNIVERSARY OF plunder this wilderness, and threaten the exist- today to join with my colleagues and the peo- TUNISIAN INDEPENDENCE ence of an entire ecosystem for oil that will ple of Illinois’ 9th Congressional District to cel- yield no return at today’s oil prices. ebrate the 178th year of Greek independence. HON. BENJAMIN A. GILMAN Thanks to the late Chairman Mo Udall’s per- Much like the United States, Greece’s inde- OF NEW YORK severance and dedication to the environment, pendence did not come easily. Greece had to IN THE HOUSE OF REPRESENTATIVES the Arctic Refuge has been spared from the struggle for several years in its battle for inde- Tuesday, March 23, 1999 oil companies and the scarring effects of oil pendence from the Ottoman Empire. The per- and gas exploration. We must remain united Mr. GILMAN. Mr. Speaker, Saturday, March severance that ultimately led to freedom for and continue his legacy to fight for the perma- 20, 1999, was the forty-third anniversary of Greece is a symbol of the solid character of nent preservation of the Arctic Refuge’s coast- independence of the Republic of Tunisia. With her people. al plain. Preventing the exploitation of the increasingly strong ties between our two gov- I am happy to commemorate the independ- coastal plain is one of many solutions that can ernments, the American people congratulate ence of a nation that has contributed so much be employed today to protect Alaska’s natural the people of Tunisia on this historic anniver- to the inception and development of the beauty and to prevent another tragedy similar sary. For the last forty-three years, Tunisia United States. to the one that occurred in Prince William has been a model of economic growth and the Our Founding Fathers drew significantly on Sound ten years ago. The exploitation of the advancement of women in society. the democratic principles of the ancient It may be difficult for many Americans to ap- coastal plain’s virgin land threatens the exist- Greeks, and our representative government is preciate Tunisia’s situation. Its only two neigh- ence of a 1,000 generation old culture, the an extension of their philosophy, values, and bors are Algeria, which has been racked by Gwich’in of Northeast Alaska who rely on the wisdom. Their contributions have translated civil war for several years, and Libya, whose 150,000 strong Porcupine Caribou herd—one into an invaluable gift to the United States and dictator has supported the most nefarious and of the world’s largest and North America’s last other nations around the world, which enjoy subversive kinds of terrorism. Mr. Speaker, free roaming herd. The displacement of this the benefits of a democratic society. this is not a good neighborhood. herd as result of oil exploration and develop- Today we celebrate Greek independence Nevertheless, Tunisia has maintained inter- ment could throw nature’s delicate balance and those of Greek heritage who are living in nal stability—not without its own controver- into a tailspin. Bringing this balance to equi- the United States. They have brought so much sies—in the face of external chaos. At the librium is further complicated because of the flavor and beauty to our country. same time, years of hard work have produced extremely long recovery period of the Arctic. In In my district, the beauty of Greek culture is one of the highest standards of living in the re- addition to the Porcupine Caribou, the Arctic not hard to find. It can be seen in the work of gion. Tunisia is one of the few countries to Refuge is home to more than 200 species of artists, felt in the drama of the theater, and graduate successfully from development as- wildlife ranging from muskoxen to polar bears. tasted in the many Greek delicacies that sistance and join the developed world. For If we destroy a species, it could send a Americans have grown so fond of. these accomplishments, Tunisia should be ap- shockwave through the entire ecosystem and Greece has been a steadfast ally to the plauded and supported. impact every species in its footprint—a dev- United States since the last century. As we In 1956, the United States was the first astating biological echo. approach the 21st century, I look forward to great power to recognize the independence of The United States, as a world leader in pre- our nations’ continuing cooperation and our Tunisia. Upon receiving Ambassador Mongi serving lands of significant and symbolic peoples’ lasting friendship. Once again, I wish Slim, President Dwight D. Eisenhower said, value, cannot let this sort of degradation occur to congratulate the people of Greece and all ‘‘At the dawn of a new era in the history of Tu- to its land or wildlife. We have only one Greek-Americans on this special day. nisia, we ask you to consider us as friends chance to save the beauty of this natural land- f and partners.’’ scape, the crown jewel of America’s wilder- Mr. Speaker, in commemoration of 43 years ness system, for generations of younger TRIBUTE TO LAGUNA WOODS, Americans. Once it is gone, it is gone for- CALIFORNIA of independence for Tunisia, I urge my colleagues reflect on our strong commitment to ever—nature can never truly recover from Tunisian people, who are still our friends and such adverse actions visited upon its fabric, HON. CHRISTOPHER COX partners in North Africa. an attack upon the scope and breadth of life OF CALIFORNIA that, for now, call this place home. f IN THE HOUSE OF REPRESENTATIVES f THE MORRIS K. UDALL Tuesday, March 23, 1999 WILDERNESS ACT THE POISON CONTROL CENTER EN- Mr. COX. Mr. Speaker, I rise today to honor HANCEMENT AND AWARENESS the achievements of the retired citizens of the HON. BRUCE F. VENTO ACT OF 1999 newly founded city of Laguna Woods, formerly OF MINNESOTA known as Leisure World of Laguna Hills, CA. IN THE HOUSE OF REPRESENTATIVES HON. FRED UPTON As California’s 472nd city, Laguna Woods OF MICHIGAN Tuesday, March 23, 1999 represents the Nation’s first city designed ex- IN THE HOUSE OF REPRESENTATIVES clusively for retired homeowners. Mr. VENTO. Mr. Speaker, I once again Laguna Woods is a 3.2-square-mile senior stand before Congress to introduce the ‘‘Mor- Tuesday, March 23, 1999 community that lies adjacent to Laguna HIlls in ris K. Udall Wilderness Act.’’ This bipartisan Mr. UPTON. Mr. Speaker, I rise today to what are now the last remaining natural coast- legislation truly shows that both Democrats join my colleague Representative ED TOWNS in al canyons open to the public from Los Ange- and Republicans alike can come together and introducing the ‘‘Poison Control Center En- les to San Diego. With nearly 35,000 trees work on the important conservation issues fac- hancement and Awareness Act.’’ I am also growing within the city, it is appropriate that ing Congress today and strive to preserve pleased to note that Rep. BILIRAKIS, the chair- Laguna Woods has already been titled ‘‘one of America’s last great frontier, the 1.5 million man of the Subcommittee on Health and the the jewels of Orange County.’’ acre coastal plain of the Arctic National Wild- Environment, which has jurisdiction, is an The tireless efforts made by the citizens and life Refuge. original cosponsor of this bipartisan bill. homeowners’ association of Laguna Woods Although the introduction of the Morris K. Poison control centers provide vital, very are to be commended. March 24, 1999 will Udall Wilderness Act brings anticipation for the cost-effective services to the American public.

VerDate jul 14 2003 11:49 Oct 01, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0689 Sfmt 9920 E:\BR99\E23MR9.000 E23MR9 5390 EXTENSIONS OF REMARKS March 23, 1999 Each year, more than 2 million poisonings are of people leaving many children without par- Progress in nuclear non-proliferation and arms reported to poison control centers throughout ents. This epidemic led to the founding of St. reduction with Russia will be jeopardized, as the United States. More than 90 percent of Joseph’s Catholic Orphan Society as a home their leaders have stated this policy change these poisonings occur in the home, and over and refuge to these children. will abrogate the 1972 Anti-Ballistic Missile 50 percent of poisoning victims are children Throughout the past 150 years, St. Joe’s Treaty. It makes no sense to me to send a under the age of 6. For every dollar spent on has provided a variety of services to boys and dangerous signal to both our allies and treaty poison control center services, seven dollars girls of all faiths and races. Today, St. Joe’s partners when in fact we are already under- in medical costs are saved. continues to understand the unique needs of way in exploring the feasibility of a national In spite of their obvious value, poison con- today’s children. The organization works hard missile defense system. The administration trol centers are in jeopardy. Historically, these to keep groups of siblings together as the next spring will rule on whether the deploy- centers were typically funded by the private search for a new and loving family moves for- ment of such a system is in our national inter- and public sector hospitals where they were ward. St. Joe’s also provides 40 beds for chil- est, and therefore this legislation is premature located. The transition to managed care, how- dren who are abused or neglected and rein that regard as well. I intend to vote ‘‘no’’ on ever, has resulted in a gradual erosion of this cently started the Home Base program to pro- H.R. 4. funding. As this funding source has been dry- vide care to help stop child abuse and neglect. ing up, poison control centers have only par- A child development center which provides f tially been able to replace this support by cob- weekday care for 150 children, 20 percent of bling together state, local, and private funding whom have disabilities such as autism or TRIBUTE TO MADONNA HIGH sources. The financial squeeze has forced Down’s Syndrome, was founded in 1982. SCHOOL many centers to curtail their poison prevention Since 1849, St. Joseph’s has been a Louis- advisory services and their information and ville institution performing a job that is des- HON. ROD R. BLAGOJEVICH emergency activities, and to reduce the num- perately needed by our society. Love and car- OF ILLINOIS ber of nurses, pharmacists, and physicians an- ing are critical to any child’s well being and St. IN THE HOUSE OF REPRESENTATIVES swering the emergency telephones. Currently, Joe’s dedicated volunteers and caregivers not Tuesday, March 23, 1999 there are 73 centers. In 1978, there were 661. only provide for the physical needs of children, The ‘‘Poison Control Center Enhancement but they share their love and dedication. I am Mr. BLAGOJEVICH. Mr. Speaker, I rise and Awareness Act’’ will provide up to $28 proud to honor St. Joseph’s Catholic Orphan today to pay tribute to the achievements of a million per year over the next five years to Society on its 150th anniversary. very special school located on the Northwest provide a stable source of funding for these f Side of Chicago: Madonna High School. I ask centers, establish a national toll-free poison all of my colleagues to join me in congratu- control hotline, and improve public education DECLARATION OF POLICY OF THE lating Madonna High School as it celebrates on poisoning prevention and poison center UNITED STATES CONCERNING on March 25 fifty outstanding years in the edu- services. The legislation is designed to ensure NATIONAL MISSILE DEFENSE cation of young women. that these funds supplement—not supplant— DEPLOYMENT Since 1949, Madonna High School has other funding that the centers may be receiv- been working diligently to shape the minds of SPEECH OF ing and provides the Secretary of Health and young women and create the leaders of to- Human Services with the authority to impose HON. JERRY F. COSTELLO morrow. Founded by the Franciscan Sisters at a matching requirement. Further, to receive OF ILLINOIS the St. Vincent Orphanage of Chicago, the federal funding, a center will have to be cer- IN THE HOUSE OF REPRESENTATIVES school began with just three students and consisted of only four rooms. Today, after five tified by the Secretary of Health and Human Thursday, March 18, 1999 Services or an organization expert in the field decades of outstanding dedication and service of poison control designated by the Secretary. Mr. COSTELLO. Mr. Speaker, I rise today in to the communities of the City’s Northwest I encourage my colleagues to support this opposition to H.R. 4. This legislation would Side, Madonna High School has become a very cost-effective investment in the safety state unequivocally our position as a nation is nationally recognized institution with an enroll- and health of the American public, especially to develop and deploy a missile defense sys- ment over 300 students. our children. If you would like further informa- tem. In fact, the Pentagon has for years al- In fact, Madonna High School’s commitment tion or would like to cosponsor this legislation, ready been working on such a defense barrier. to excellence in education has won the rec- please let me know or call Jane Williams of I oppose this legislation precisely because its ognition of numerous institutions. In 1987, they my staff at 5–3761. passage will impede progress on proliferation received a ‘‘For Character Award’’ from the f and nuclear arms control, all for the sake of a University of Illinois-Chicago for building and feel-good but impractical change in our na- reinforcing self-esteem in young women. In HONORING ST. JOSEPH’S tional defense policy. 1991, the school was honored by the U.S. De- CATHOLIC ORPHAN SOCIETY In January, the Clinton administration an- partment of Education as ‘‘Recognized School nounced it would increase to $10 billion the of Excellence.’’ Three years later, the Horatio HON. ANNE M. NORTHUP funds necessary to develop a national missile Alger Association for Distinguished Americans OF KENTUCKY defense, through the budget year 2005. I recognized Madonna High School by awarding IN THE HOUSE OF REPRESENTATIVES share the concern of administration officials a scholarship to one of its outstanding stu- who report that ‘‘rogue nations’’ like Iraq, dents. Tuesday, March 23, 1999 North Korea or Libya may have technology Mr. Speaker, Madonna High School has en- Mrs. NORTHUP. Mr. Speaker, I rise today which would allow them to deliver fatal war- riched the minds of its students, challenged to pay tribute to one of Louisville, Kentucky’s heads atop long-range missiles. However, that their imaginations, and given generations of most valuable institutions. For 150 years, the is exactly what the Pentagon’s increase would young women the skills and confidence they St. Joseph’s Catholic Orphan Society has address—how to prevent these missiles from need to succeed. Theirs is a record of which reached out to our most vulnerable children landing on American soil. Their research pro- we all can be proud. I ask my colleagues to and provided them with food, shelter, edu- gram, similar in philosophy to the Patriot Mis- join me today in wishing Madonna High cation, and most of all love. The problem of sile we saw used during the Gulf War, is one School a wonderful 50th Anniversary and in neglected children in our society is not new. In I support. extending our best wishes as it begins a new the 1840’s a plague of cholera and malaria However, if the Congress passes this legis- era of excellence in education for the young struck Louisville, ending the lives of hundreds lation, its policy effects will be far-reaching. women of Chicago.

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