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

Vol. 145 WASHINGTON, TUESDAY, OCTOBER 12, 1999 No. 137 House of Representatives The House met at 12:30 p.m. and was Street in Phoenix, Arizona, as the ‘‘Sandra the shot, it is not surprising that a called to order by the Speaker pro tem- Day O’Connor United States Courthouse.’’ growing number of our Nation’s Re- pore (Mrs. BIGGERT). The message also announced that serve, Guard and active duty members f pursuant to Public Law 105–277, the are choosing to leave the service rather Chair, on behalf of the Majority Lead- than take a potentially unsafe vaccine. DESIGNATION OF SPEAKER PRO er, announces the appointment of the The harmful effects this issue is having TEMPORE following individuals to serve as mem- on the readiness of our Nation’s mili- The SPEAKER pro tempore laid be- bers of the Parents Advisory Council tary is the driving force behind my ef- fore the House the following commu- on Youth Drug Abuse— forts to change the mandatory nature nication from the Speaker: Robert L. Maginnis, of Virginia (two- of the program. year term); and Recently the Washington Post fea- WASHINGTON, DC, tured an article about the overdue an- October 12, 1999. June Martin Milam, of Mississippi I hereby appoint the Honorable JUDY (Representative of a Non-Profit Organi- thrax inoculations intended for our re- BIGGERT to act as Speaker pro tempore on zation) (three-year term). serve force. The paper reported that these delays might threaten the effec- this day. f J. DENNIS HASTERT, tiveness of the anthrax vaccine. How- Speaker of the House of Representatives. MORNING HOUR DEBATES ever, even if the shots are administered f The SPEAKER pro tempore. Pursu- on schedule, there is little, if any, evi- dence supporting an exact number of MESSAGE FROM THE SENATE ant to the order of the House of Janu- ary 19, 1999, the Chair will now recog- shots that are needed to reach immu- A message from the Senate by Mrs. nize Members from lists submitted by nity. Despite the lack of information, the McDevitt, one of its clerks, announced the majority and minority leaders for anthrax vaccine is currently being ad- that the Senate had passed without morning hour debates. The Chair will ministered to our troops in a series of amendment a bill of the House of the alternate recognition between the par- following title: six shots followed by an additional shot ties, with each party limited to 30 min- each year the individual serves. A man H.R. 560. An act to designate the Federal utes, and each Member, except the ma- or woman who serves our Nation for 20 building and United States courthouse lo- jority leader, the minority leader, or cated at the intersection of Comercio and years must receive over 25 separate an- the minority whip, limited to 5 min- thrax vaccinations. As the Post re- San Justo Streets, in San Juan, Puerto Rico, utes. as the ‘‘Jose´ V. Toledo Federal Building and ported, only 350,000 of the 2.4 million United States Courthouse’’. The Chair recognizes the gentleman military personnel scheduled to take from North Carolina (Mr. JONES) for 5 the vaccine have received their first The message also announced that the minutes. Senate had passed with amendments in shot. Current figures indicate that less f which the concurrence of the House is than 1500 have received all six shots. requested, a bill of the House of the fol- CALLING FOR MORATORIUM ON Madam Speaker, the Department of lowing title: ANTHRAX VACCINE UNTIL LONG- Defense reports that it has evidence of TERM SAFETY IS DETERMINED only 300, 300 adverse reactions and 200 H.R. 858. An act to amend title 11, District personnel refusing the vaccine, but of Columbia Code, to extend coverage under Mr. JONES of North Carolina. there are still millions of vaccines left the whistleblower protection provisions of Madam Speaker, for the past several the District of Columbia Comprehensive to be administered. While we wait for Merit Personnel Act of 1978 to personnel of months, I have taken a strong interest every member of the military to re- the courts of the District of Columbia. in the Department of Defense’s manda- ceive their full course of shots, we risk The message also announced that the tory anthrax vaccine program. The losing even more military personnel Senate has passed bills of the following Third District of North Carolina, which who resign to avoid their anthrax vac- titles in which concurrence of the I am proud to represent, has a large cine date. House is requested: military presence that has increased Madam Speaker, it costs millions of my awareness to the anthrax vaccine. taxpayers’ dollars to train each of our S. 1567. An act to designate the United As a result, it has also raised my level States courthouse located at 223 Broad men and women in uniform to defend Street in Albany, Georgia, as the ‘‘C.B. King of concern about the safety, the effi- this Nation. We cannot afford to lose United States Courthouse.’’ cacy and necessity of the vaccine for even one soldier, sailor, airman, or ma- S. 1595. An act to designate the United our men and women in uniform. Given rine to a vaccine that has many ques- States courthouse at 401 West Washington the lack of information we have about tioning its safety and efficacy; but it

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.

H9823

. H9824 CONGRESSIONAL RECORD — HOUSE October 12, 1999 seems that the more time passes, the communities without new rules, regu- fice to care because they want to and more troops we lose and the more ques- lations, fees and taxes for Americans because they have to start leading by tions surface about the current pro- and business. We can do so by having example. gram. the Federal Government simply lead by I strongly urge my colleagues to join The relationship between the Depart- example; work that is being done by me and over 140 House cosponsors of ment of Defense and BioPort, the only the General Services Administration, H.R. 670, the Post Office Community company that produces the anthrax for instance, and how they manage Partnership Act. vaccine, is beginning to draw concerns. over 300 million square feet of office BioPort is not even licensed by the space in our inventory. Another area f Food and Drug Administration to man- with tremendous potential is the Post ufacture the anthrax vaccination. Now Office which touches over 40,000 dif- SAY NO TO COMMUNIST CHINA’S despite its financial failings, the De- ferent areas across the country and ENTRY INTO THE WORLD TRADE partment of Defense has doubled the most Americans six times a week. ORGANIZATION amount of its original contract with Momentum is growing with over 100 BioPort. This aspect of the program House cosponsors for H.R. 670, the Post The SPEAKER pro tempore. Under alone has caused concerns among those Office Community Partnership Act. the Speaker’s announced policy of Jan- who must take the shot. Last week before the Senate Govern- uary 19, 1999, the gentleman from Cali- Madam Speaker, the need to protect ment Affairs Committee, there was a fornia (Mr. ROHRABACHER) is recognized our United States military from poten- hearing, and I could not agree more during morning hour debates for 5 min- tial chemical and biological warfare is with the testimony provided by the Na- utes. critical, but we cannot accept the risk tional Association of Home Builders. Mr. ROHRABACHER. Madam Speak- of exposure as the only reason to man- They stated, and I quote: As home er, who is watching out for America? date the shot and ignore the lack of in- builders, our members abide by local That is the question of the day. Sup- formation on the long-term safety of zoning, permit, and building code laws posedly that is our first responsibility the vaccine. If the anthrax vaccine is in order to develop responsibly and pre- as elected officials, watching out for safe and can effectively combat the serve the integrity of communities. the United States of America. Today, threat of anthrax for our military, the The United States Postal Service, how- however, too many Americans with Pentagon has failed to convince the ever, is currently not required to ad- power and influence do not consider very people it is trying to protect. The here to State or local codes when relo- watching out for our country’s inter- questions being raised are serious, le- cating, closing, consolidating, or con- ests and the well-being of our people to gitimate questions that must be ad- structing facilities. be their priority. Today we constantly dressed in order to ensure our military This noncompliance undermines the hear about globalism, and we con- receives the answers it needs. economic and social well-being of com- stantly hear the words world economy I introduced legislation this summer munities by permitting the Post Office as if the development of this new world to make the current anthrax vaccine to build new facilities or modify exist- order is the goal of America’s leader- program voluntary. My colleague, the ing facilities without regard to local ship. Madam Speaker, that is their gentleman from New York (Mr. GIL- plans for growth or traffic manage- goal, and sometimes that goal is anti- MAN), introduced a bill to institute a ment, environmental protection, and thetical to the best interests of the moratorium on the program until more public safety. The National Association people of the United States. But our testing can determine it is long-term of Home Builders strongly believes leaders move forward blithely as if safety. that the Federal Government should they are part of an altruistic historic Madam Speaker, we are becoming follow the same rules as it expects the movement in which leaders throughout more reliant upon our reserve force to American public. That is why we sup- the planet are sheparding all of human help defend the security and interests port the Post Office Community Part- kind into a homogenous world. of this Nation. If these men and women nership Act. It is not working according to plan. I could have quoted from similar tes- are concerned that the shot is unsafe, The world is not becoming this one timony from the Sierra Club, sort of a the morale and readiness of our mili- world place where idealism reigns and strange partnership that we do not see tary is severely threatened. Then we people are acting together in a peaceful too often between the home builders stand to lose more of the bright, capa- manner and an honest manner. It just and the Sierra Club, or a coalition ble, and trained individuals who rep- does not seem to be acting according to composed of the National Association resent the very strength of the coun- their plan. The dream of our globalists of Counties, League of Cities, Con- try. I cannot stand by and watch this is becoming a nightmare, especially for ference of State Historic Preservation happen. the national security interests of the Officers, Conference of Mayors, Preser- Let me assure our men and women in American people and the potential for vation Action, American Planning As- the military that I will continue with the spread of real democracy and indi- sociation and the International Down- my colleagues to pursue the issue until vidual liberty throughout a substantial town Association, the National Trust we can be sure that the anthrax vac- portion of this planet. cine is safe, effective and necessary. for Historic Preservation and the Na- One of the problems the globalist f tional Alliance of Preservation Com- missions. They stated as recently as dreamers in the United States refuse to THE POST OFFICE COMMUNITY last year the Post Office attempted to acknowledge is that leaders of most of PARTNERSHIP ACT evade local clean water standards in this world’s power blocks are not play- The SPEAKER pro tempore. Under Tallahassee, Florida and ignore local ing the game. Surprise, surprise, sur- the Speaker’s announced policy of Jan- laws put in place in Ball Ground, Geor- prise; those people, those leaders in uary 19, 1999, the gentleman from Or- gia, which were an attempt to meet other parts of the world, are basing egon (Mr. BLUMENAUER) is recognized Federal clean air standards. These ac- their decisions on what is best for their during morning hour debates for 5 min- tions would be criminal if they were at- own countries and their own peoples utes. tempted by a private company but are and not with some overall view of the Mr. BLUMENAUER. Madam Speaker, merely shameful when pursued by the planet. I am pleased by the national attention Postal Service. America’s relations with Communist to ways to make our communities Comedian Lilly Tomlin’s annoying China, with the Communist Chinese more livable by this I mean our fami- and sadistic telephone operator, Ernes- dictatorship, is a disgrace. It is a total lies safe, healthy, and economically se- tine, made popular the notion we do rejection of the ideals upon which our cure; and ways to give our citizens a not care because we do not have to, we country is founded, but again reflect real voice in the decisions that impact are the phone company. Well, the the ideas that are the basis of our deci- their communities; and a special em- laughter that that provided was a bit sion-making towards China. The fact phasis on simple, low-tech, low-cost bittersweet in part because of the grain that we have treated China in a way in but high impact solutions. of truth that was embedded. In today’s order to harmonize our relations with The Federal Government can make a competitive world with higher citizen the world with a new world order in huge difference in the liveability of our expectations, it is time for the Post Of- order to make China part of a world October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9825 trading organization, the fact that we and to maximize political gamesman- World, and we should try to find some have treated them in this way, which is ship by springing the subject on to the way in which we end the specter of nu- often quite irrational for the moment, Senate calendar and forcing a momen- clear weapons which has hung over this has this made us and made the world tous vote on a moment’s notice. planet for the last 50 years of this mil- any more prosperous? Has it made The Republican leadership is giving lennium. There can be no more impor- peace any more likely? Is China any jack-in-the-box treatment to the ulti- tant issue. closer to democratic reform? mate black box subject of nuclear anni- So, Madam Speaker, let us hope that The answer is no, no, no; and yet we hilation. Where is the statesmanship? today in the Senate that enough Mem- still have people here who are pushing Where is the sober and solemn consid- bers stand up to be recognized in sup- to put China into the World Trade Or- eration of the special role that the port of a treaty which will allow us to ganization, the equivalent of putting United States must play in the stew- continue to spread a regime of controls the local Chicago gangster into the ardship of the world’s nuclear stock- which will limit, if not eliminate, the Chamber of Commerce hoping that piles? If we rush to judgment, we will likelihood that we will face the day that would change that gangster’s crush the confidence of our cosigners when we stand here and face the fact ways. Well, we do not need Al Capone and spur the proliferation of nuclear that a nuclear accident or a nuclear in the Chamber of Commerce, and we weapons in an unpredictable world. weapon was used. do not need Communist China in an or- We must not reignite the arms race. The least that the Senate should be ganization that will make the decisions We must not let the nuclear bull out of able to say, the least that all of us about trade and commerce the produc- the ring to run wild through the streets should be able to say when those nu- tion of wealth throughout the world. of the world. clear weapons are about to be used is But even our relations with our The Cold War is over. This is a time that we tried; we really tried to put an democratic European allies are work- to de-alert and dismantle nuclear end to this nuclear threat which hangs ing against us with China, with our re- weapons. Instead, the Republican lead- over the world. Let us hope today that lations with China because we have had ership is bent on destroying the treaty the United States Senate does the a decision-making process based on to control them. This is not brinkman- right thing. some sort of global concepts rather ship; this is not statesmanship. This is f than the interests of the United States. irresponsibility on a global scale. CONGRESS MUST NOT ROLL BACK The people of the United States are We no longer test nuclear weapons in TRUCK INSPECTION SAFETY being put at a disadvantage by trade the United States. George Bush and our national security is being stopped the nuclear testing. So if we The SPEAKER pro tempore. Under gravely threatened. are not going to test nuclear weapons the Speaker’s announced policy of Jan- in the United States, which we have uary 19, 1999, the gentleman from Vir- b 1245 not, why in the world should we not ginia (Mr. WOLF) is recognized during But as I say, even our relations with sign a treaty 7 years later that allows morning hour debates for 5 minutes. our democratic European allies are us to monitor every other country in Mr. WOLF. Madam Speaker, today I working against the interests of the the world to guarantee that they are stand up for the 5,374 families who have American people. Because as much as not testing nuclear weapons? lost loved ones in truck accidents last America’s elite refuses to recognize it, Madam Speaker, the reality is that year, and to note that the Congress our European friends are watching out without this treaty there can be clan- could be about ready to walk away for their own interests. They are not destine tests that allow other countries from them. If we take a look at this watching out for us; they are not in the world to catch up with us. The photo, it is a photo of an accident in- watching out for the world. Our Euro- signing of this treaty ensures that we volving a truck whereby individuals pean allies are treating us like we are have hundreds of monitoring devices were seriously injured and perhaps suckers, and, of course, we are. around the world strategically placed killed. Through NATO, we are subsidizing to ensure that there is no testing be- This House voted overwhelmingly for the defense of a portion of this planet cause, in fact, the treaty mandates on- the Transportation Appropriations that has a higher standard of living site inspection. That is right. Conference Report, which included a and higher gross national product than If we detect, through the seismo- provision requiring change in the way our own. We are fighting their battles. logical equipment or any other means, the Federal Government conducts over- And, while we give most-favored-nation that there is a suspicious activity tak- sight of the trucking industry. status to developing countries like ing place in any country in the world, Each year, more and more commer- China, and actually to the detriment of that country must allow us and the cial motor vehicles are driving more our own people, our European allies world to go in and to look at what they and more miles and more people are through the European Union are raping are doing, if they are testing. Then, the dying. Currently, these vehicles are in- other countries, other developing coun- United States, which has decided uni- volved in 13 percent of all traffic fatali- tries, especially in Eastern Europe. laterally during the Bush administra- ties, even though they represent only 3 Madam Speaker, I would suggest that tion, and has continued right through percent of all registered vehicles in the we need a new way of thinking in the Clinton years, not to test, will have Nation. Whether one is concerned Washington that watches out for the the ability to ensure that there has about this issue or not, I would hope interests of the people of the United been a technological homeostasis, a that Congress would direct itself to States. technological stay which has been put what activity it may very well be un- f in place where we keep our lead. knowingly doing later on this after- Madam Speaker, there is no more im- noon. LET US NOT REIGNITE THE ARMS portant issue which we can debate than Madam Speaker, 20 percent of the RACE whether or not at the end of the mil- trucks on our roadways today, one in The SPEAKER pro tempore (Mrs. lennium, the gift which we can give to five are so unsafe that if they were BIGGERT). Under the Speaker’s an- the next millennium, is that we have stopped and inspected, they would be nounced policy of January 19, 1999, the resolved this issue of whether or not taken off the road. This problem is gentleman from Massachusetts (Mr. the countries of the world will con- equally more serious at our southern MARKEY) is recognized during morning tinue to test nuclear weapons. The dis- borders where, on an average, 44 per- hour debates for 5 minutes. ease, the famine, the wars of this mil- cent of these trucks are placed out of Mr. MARKEY. Madam Speaker, the lennium should be something which we service. The Department of Transpor- American public deserves a full, delib- do not pass on to the next millennium. tation’s IG has raised serious concerns erate, considered, informative debate We should be trying to find ways of about the vigor of our Nation’s truck on the Comprehensive Test Ban Trea- ensuring that we are going to deal with safety program. In the past 8 months, ty. Instead, the Republican Senate is the AIDS crisis in Africa. We should he has testified about the poor job that conducting a caricature of a debate try to find ways in which we are going the Office of Motor Carriers has done structured to obscure understanding to deal with the debt crisis of the Third to oversee truck safety. The Office of H9826 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Motor Carriers is charged with moni- ANNOUNCEMENT BY THE SPEAKER Earlier this year, the IMF and Rus- toring and enforcing, and they are not PRO TEMPORE sian central bank acknowledged the di- doing a very good job at all. The SPEAKER pro tempore. Having version of IMF funds to private compa- The Federal Highway Administra- reference to an earlier speech this nies. There were other reports that the tion, which controls the Office of morning, the Chair would remind all World Bank loans were also misused or Motor Carriers, has not been effective Members that it is not in order to urge embezzled by Russian officials. In fact, in inducing prompt and sustained com- or advocate action or inaction by the one disclosure was a $250 million loan pliance. Seventy-five percent of the Senate. made by the prime minister of Russia carriers sampled did not sustain a sat- f and a close ally of Boris Yeltsin at the isfactory rating, and after a series of time. compliance reviews, 54 percent have QUESTIONING THE CONTINUANCE The extensive abuse of U.S. aid could been taken out of service. OF RUSSIAN AID not have happened had the President, I have now been out on three or four The SPEAKER pro tempore. Under Vice President, and other senior ad- truck inspections in the last several the Speaker’s announced policy of Jan- ministration officials not aggressively months. More than one out of five, uary 19, 1999, the gentleman from Flor- pushed for multi-million dollar loans sometimes three out of 10 are so un- ida (Mr. STEARNS) is recognized during to keep Boris Yeltsin afloat. safe, bad brakes, rusted out, baloney morning hour debates for 5 minutes. The question, Madam Speaker, oc- skin tires and many other problems. Mr. STEARNS. Madam Speaker, here curs with regard to how much did they The compliance reviews are down, in Congress we must answer tough know. Were there reports about the meaning the Office of Motor Carriers questions regarding the continuance of abuse from the intelligence commu- used to do five compliance reviews per aid to Russia. We, along with the IMF, nities and the FBI? How could this ad- employee per month. Now it has gone have pumped billions and billions of ministration continue to support pumping billions more into this flawed down to one. They are trying to get it dollars into a corrupt system. Is it any wonder that the Russian economy is system? back up to two. When the IG testified Another possibility is that the mis- floundering? How can we stand by at our hearings, he talked about one use was overlooked by bankers who had while this fraud continues? trucker who had driven from the West financial gains in assisting with the Coast to the State of Virginia in 48 Was anyone surprised to learn that Moscow’s government and the Russian laundering of this money. They would hours, 48 hours, and in the cab there potentially stand to gain the most if Central Bank were not following sound were jars of urine where he did not the United States and the IMF contin- banking principles? The indicators even stop to go to the bathroom. You ued to prop up the Russian economy. have been there since the fall of the So- wonder why we have such a miserable Did political pressure from these bank- viet Union that an organized crime es- record, why so many people are dying. ers help keep the money flowing con- tablishment was thriving under a And then, in three short months, tinually into the Russian economy? under NAFTA, trucks are going to be weakened Russian Government. Yet, The Committee on Banking and Fi- able to cross the border in Mexico and the U.S. Government has continued to nancial Services has the unique oppor- come into the United States. All of loan billions of dollars to this high-risk tunity to stop the abuse associated these trucks will be able to go into all government. with Russian assistance. Congress of the States in our country, and the The amount of Russian aid and the should assess the damage that has been IG found recently that Mexico has no numbers involved in embezzlement are done by this corruption. We must as- hours-of-service requirements, no staggering. According to Russian offi- certain whether the law has been bro- logbooks are required for truckers, no cials, capital flow from the USSR and ken by any U.S. officials or banks. vehicle maintenance standards, no Russia between 1985 and 1999 was over Within the IMF, what steps are being roadside inspections, no safety rating. $120 billion, possibly as high as $200 bil- taken to improve obvious problems When the IG conducted a survey of the lion. That is more than the entire for- with Russian policy? Has the IMF bail- effects of NAFTA, he found 44 percent eign debt on the Russian Federation, in out of 1998 significantly improved Rus- of the trucks were in such poor condi- and up to 10 times more than the total sia’s economy? I hardly see how the an- tion that they were taken off the road foreign investment in Russia. swer could be yes, since the $40 billion Now, sadly, Madam Speaker, a sig- immediately. So we can see if these short-term bond market, GKO, col- nificant portion of this money was trucks now are permitted to come lapsed, the ruble was devalued by 75 plundered by self-serving Federal and across the border from Mexico in addi- percent, and the rate of inflation in- local government officials. We in Con- tion to the unsafe program that we now creased from 6 percent annually to 60 gress must acknowledge this catas- percent. have. trophe and take steps to prevent this Because of these findings, the De- Where are the accountability meas- from happening again. partment of Transportation’s IG has ures? Where are the preventative steps said we should move the Office of b 1300 to avoid this happening again? Are due diligence standards or risk assessments Motor Carriers, and the National Even more disturbing is that this being applied to foreign loans? How Transportation Safety Board, and money was siphoned off and funneled could between $4.5 to $10 billion, not many, many others agree. out of Moscow and mixed with the prof- million but billions, go unnoticed? Today, there may be a vote on the it from activities such as prostitution floor under the suspensions calendar Congress must face the music and an- and illegal weapons sales. swer these questions. We cannot con- that will roll back the efforts that have Moreover, a Lugano-based engineer- tinue to line the pockets of corrupt of- been made with regard to truck safety. ing and construction company, ficials. So on behalf of the 5,374 people and Mobitex, allegedly opened credit cards their families who have died in truck and deposited large sums in private ac- f related deaths, I would hope that Con- counts for the benefit of president RECESS gress would not roll it back. The ques- Boris Yeltsin, as well as members of The SPEAKER pro tempore (Mrs. tion is, who controls this place? Will it his family and close associates, accord- BIGGERT). Pursuant to clause 12 of rule be the special interests, or will it be ing to the Swiss authorities. I, the Chair declares the House in re- the American interests? The Congress Madam Speaker, as the scandal cess until 2 p.m. took the action it did in the conference unfolds, we must re-evaluate our policy Accordingly (at 1 o’clock and 3 min- report to advance safety. Hopefully, with Russia that has been pursued by utes p.m.), the House stood in recess the Congress will not roll it back. the IMF and the Clinton administra- until 2 p.m. Madam Speaker, I ask people to tion. Congress should also review the f focus, Members back in their offices, lax standards applied by the U.S. Gov- look at this and other pictures that I ernment and international financial in- AFTER RECESS will bring up today to see if we really stitutions in the distribution of finan- The recess having expired, the House want to roll back truck inspection cial aid to post-Communist and devel- was called to order by the Speaker pro safety. I hope not. oping nations. tempore (Mr. STEARNS) at 2 p.m. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9827 PRAYER He chaired the Lutheran Roman RUBY HILL MINE IN EUREKA, NE- The Reverend Dr. Karl P. Donfried, Catholic Committee of New England VADA, RECEIVES EXCELLENCE Professor of Religion, Smith College, and was appointed to co-chair the New IN MINE RECLAMATION AWARD Northampton, Massachusetts, offered Testament Panel of the National Lu- (Mr. GIBBONS asked and was given the following prayer: theran Roman Catholic Dialogue. permission to address the House for 1 Standing as we do in the large confu- A theologian and a scholar, Reverend minute and to revise and extend his re- sions of the world not accustomed to Donfried has taught at Brown Univer- marks.) peace, we pray, O Lord, gird us with sity, Amherst College, Mount Holyoke Mr. GIBBONS. Mr. Speaker, for far newness of vision that our steps may College, and Assumption College. too long now we only hear the mis- be straightened to Your will and our I use this opportunity today on be- leading statements from the environ- decisions enlightened by Your spirit. In half of the House of Representatives to mental extremists about the perils of the fog and fury of this anguished age, extend a heartfelt welcome to Rev- mining. keep the inner world of heart and mind erend Karl Donfried. Well, folks, there is more than fried clear and strong, that we be not buf- cabbage here today. There is actually f feted from our course by the wild winds some good news worth listening to. of confusion and seas of bitterness. Dis- In my district outside of Eureka, Ne- cipline us to sharpen our insight and REPUBLICANS STOP 30–YEAR RAID vada, the Ruby Hill Mine, owned by the open our hearts on all sides and so ON SOCIAL SECURITY—NO TURN- Homestake Mining Company, has re- guide us to make wise judgments. Lay ING BACK NOW ceived the Environmental Excellence Your hand upon us, O God, that we (Mr. ARMEY asked and was given in Mine Reclamation Award. may be healed and made whole in the permission to address the House for 1 Yes, my colleagues heard it, mining fullness of Your love. Amen. minute and to revise and extend his re- is good for the environment. This f marks.) award was given to Homestake Mining Company because they exhibited out- THE JOURNAL Mr. ARMEY. Mr. Speaker, every now and then we get to witness history. We standing innovation in its design, miti- The SPEAKER pro tempore. The all watched in awe as Mark McGwire gation, and concurrent reclamation Chair has examined the Journal of the and Sammy Sosa shattered the home- progress. last day’s proceedings and announces run record. We all watched with tri- Mr. Speaker, it is important to note to the House his approval thereof. umph as the Berlin Wall came down. that mining and the environment can Pursuant to clause 1, rule I, the Jour- And, Mr. Speaker, we all watched with coexist; they can work together and nal stands approved. splendid anticipation as AL GORE was ensure that the environment is not f inventing the Internet. hurt by mining and that we as Ameri- Well, Mr. Speaker, history has been cans can still benefit from mining and PLEDGE OF ALLEGIANCE made again today. This morning the enjoy the quality of life that we now The SPEAKER pro tempore. Will the Congressional Budget Office reported know. gentleman from Nevada (Mr. GIBBONS) that because Republicans have held the I would like to congratulate the come forward and lead the House in the line on spending in fiscal year 1999, Homestake Mining Company for their Pledge of Allegiance. there was $1 billion of on-budget sur- dedication, forethought, and hard work Mr. GIBBONS led the Pledge of Alle- plus. in demonstrating that mining has giance as follows: That is right. In fiscal year 1999, Re- learned to work with the environment. I pledge allegiance to the Flag of the publicans stopped the 30-year raid on I yield back the balance of my time, United States of America, and to the Repub- Social Security. In fiscal year 1999, Re- Mr. Speaker, and all the negative mis- lic for which it stands, one nation under God, publicans stopped President Clinton conceptions about mining and its im- indivisible, with liberty and justice for all. from spending Social Security and put portance to our country. f the needs of seniors ahead of the needs of bureaucrats. Mr. Speaker, that f WELCOMING REVEREND KARL P. means that $126 billion in debt reduc- DONFRIED TO HOUSE OF REP- tion has taken place in fiscal year 1999. RESENTATIVES VOTE DOWN H.R. 3036 Mr. Speaker, we did not spend one (Mr. WOLF asked and was given per- (Mr. NEAL of Massachusetts asked penny of Social Security in 1999. We mission to address the House for 1 and was given permission to address stopped the raid. Mr. Speaker, there is minute and to revise and extend his re- the House for 1 minute and to revise no turning back now. and extend his remarks.) marks.) Mr. NEAL of Massachusetts. Mr. f Mr. WOLF. Mr. Speaker, here is a Speaker, it is an honor for me today to picture that I used earlier today of a speak this afternoon about a con- truck that killed people in a car. Here REGULATIONS COST TAXPAYERS stituent of mine, Reverend Karl is another major truck accident. $400 BILLION YEARLY Donfried, who offered the opening pray- Today in the House we may very well er here in the House of Representatives (Mr. TRAFICANT asked and was bring up H.R. 3036, which rolls back on this day. I would like to use 60 sec- given permission to address the House truck safety. onds to both welcome and introduce for 1 minute and to revise and extend In 1998, there were 5,374 deaths with him to the House of Representatives. his remarks.) regard to trucks. In 1997, there were Reverend Donfried is a professor and Mr. TRAFICANT. Mr. Speaker, the 5,398 deaths with regard to trucks. chairman of the Department of Reli- Gettysburg Address is 286 words. The It is like a major airplane crash tak- gion and Biblical Literature at Smith Declaration of Independence is 1,322 ing place every two weeks. If that hap- College in Northampton, Massachu- words. Government regulations on the pened, the Congress would be up in setts. He has been a member of Smith’s sale of cabbage is 27,000 words. arms. faculty for more than 30 years. Mr. Speaker, now if that is not Why would the Congress now be roll- Reverend Donfried is deeply involved enough to stuff your cabbage roll, regu- ing back what the Congress did with in the religious community at Smith lations cost taxpayers $400 billion a regard to truck safety? H.R. 3036 takes College and in the ecumenical move- year, $4,000 per every family each and a step backward. ment in western Massachusetts. He de- every year, year in and year out. If we do this, every time we pick up veloped the Ecumenical School of The- Unbelievable. It is so bad, if a dog the newspaper and see that somebody ology in Springfield’s Christ Church urinates in a parking lot, the EPA de- is being killed in a truck accident, we Cathedral, where he has served as the clares it a wetland. are going to feel very bad. Ecumenical Canon of the Cathedral Beam me up, Mr. Speaker. I yield I hope that the Congress votes this since 1977. back 2,800,000 words in our Tax Code. down if H.R. 3036 comes up. H9828 CONGRESSIONAL RECORD — HOUSE October 12, 1999 WHY DID PRESIDENT CLINTON But do not take my word for it. ADDING MARTIN LUTHER KING, AND AL GORE VETO EFFORTS Today they can get this from the offi- JR. HOLIDAY TO LIST OF DAYS TO ELIMINATE MARRIAGE TAX cial Congressional Budget Office that, ON WHICH FLAG SHOULD ESPE- PENALTY? for 1 year, Congress has not spent one CIALLY BE DISPLAYED (Mr. WELLER asked and was given nickel of Social Security on anything The Clerk called the bill (H.R. 576) to permission to address the House for 1 but Social Security. amend title 4, United States Code, to minute and to revise and extend his re- It is reason to celebrate. add the Martin Luther King, Jr. holi- marks.) f day to the list of days on which the Mr. WELLER. Mr. Speaker, there is flag should especially be displayed. an important question that we should COMMUNICATION FROM THE The Clerk read the bill, as follows: be asking every day; and that is, is it CLERK OF THE HOUSE H.R. 576 right, is it fair that under our Tax Code Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore laid be- a married, working couple, a husband resentatives of the United States of America in fore the House the following commu- and wife, with two incomes pays higher Congress assembled, That section 6(d) of title nication from the Clerk of the House of taxes just because they are married? Is 4, United States Code, is amended by insert- Representatives: ing ‘‘Martin Luther King, Jr.’s birthday, the it right, is it fair that under our Tax third Monday in January;’’ after ‘‘January Code 21 million married, working cou- OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, 20;’’. ples pay on average $1,400 more just be- Washington, DC, September 20, 1999. The SPEAKER pro tempore. Pursu- cause they are married? Hon. J. DENNIS HASTERT, ant to the rule, the gentleman from Back home in the south suburbs of The Speaker, House of Representatives, Florida (Mr. MCCOLLUM) and the gen- Chicago, a machinist and a school Washington, DC. tleman from Virginia (Mr. SCOTT) each teacher making a combined income of DEAR MR. SPEAKER: Pursuant to the per- will control 30 minutes. $62,000 pay on average $1,400. mission granted in Clause 2(h) of Rule II of The Chair recognizes the gentleman That is 1 year’s tuition at Joliet Jun- the Rules of the U.S. House of Representa- from Florida (Mr. MCCOLLUM). ior College. That is 3 months’ daycare tives, I have the honor to transmit a sealed envelope received from the White House on Mr. McCOLLUM. Mr. Speaker, I yield at a local day-care center. myself such time as I may consume. The question of the day, my col- October 8, 1999 at 3:20 p.m. and said to con- tain a message from the President whereby Mr. Speaker, H.R. 576 would add the leagues, is why did President Clinton he transmits a report on the continued pro- Martin Luther King, Jr., holiday to the and AL GORE veto our efforts to elimi- duction of the naval petroleum reserves be- list of days on which the flag should be nate the marriage tax penalty? Is it be- yond April 5, 2000. especially displayed. cause the President and AL GORE want With best wishes, I am Currently, section 6 of title 4 of the to spend that money rather than elimi- Sincerely, United States Code, which designates nating the marriage tax penalty? JEFF TRANDAHL. the time and occasions for the display When Bill Clinton and AL GORE ve- f of the United States flag, provides that toed our efforts to eliminate the mar- the flag of the United States of Amer- riage tax penalty, they broke the CONTINUED PRODUCTION OF ica should be displayed on all days and hearts of 21 million hard-working, mar- NAVAL PETROLEUM RESERVES— then lists certain days that it should ried, working couples who should have MESSAGE FROM THE PRESIDENT especially be displayed. The list con- their marriage tax penalty eliminated. OF THE UNITED STATES (H. DOC. tains nine Federal holidays. Mr. Speaker, let us work together, NO. 106–142) b let us work in a bipartisan way to 1415 The SPEAKER pro tempore laid be- eliminate the marriage tax penalty. In fact, all of the Federal holidays, fore the House the following message f except for the holiday honoring the from the President of the United birthday of Dr. Martin Luther King, REASON TO CELEBRATE: CON- States; which was read and, together Jr., our Nation’s great civil rights lead- GRESS HAS NOT SPENT ONE with the accompanying papers, without er. NICKEL OF SOCIAL SECURITY ON objection, referred to the Committee The nine other permanent Federal ANYTHING ELSE on Armed Services and ordered to be holidays are listed in the Flag Code to (Mr. KINGSTON asked and was given printed: remind Americans to show respect and permission to address the House for 1 To the Congress of the United States: appreciation for the individuals and minute and to revise and extend his re- In accordance with section 201(3) of events that have had such a profound marks.) the Naval Petroleum Reserves Produc- influence on the history and success of Mr. KINGSTON. Mr. Speaker, take I– tion Act of 1976 (10 U.S.C. 7422(c)(2)), I our great Nation. Regrettably, and ap- 16 right out of Savannah, go about 20 am informing you of my decision to ex- parently due to simple oversight at the miles west and make a left on Highway tend the period of production of the time the King holiday became a Fed- 280, go through Pembroke, go through naval petroleum reserves for a period eral law in 1983, it was not added to the Daisy, and approach Evans County, of 3 years from April 5, 2000, the expira- list in the Flag Code. And so it is right Georgia, and there on the left-hand tion date of the currently authorized to take this measure up on the Correc- side is a little, one-story greenhouse; period of production. tions Calendar here today. and in there lives Ms. Edna Thompson. Attached is a copy of the report in- H.R. 576 is very simple. It will correct I am going to make up the name, but vestigating the necessity of continued the oversight that left the Martin Lu- this is true. production of the reserves as required ther King, Jr. holiday off the list in the Edna Thompson lives there. She has by 10 U.S.C. 7422(c)(2)(B). In light of the U.S. Flag Code of days on which Ameri- been a widow for 17 years. She is on a findings contained in that report, I cer- cans are urged to display the American fixed income. We call it Social Secu- tify that continued production from flag. Identical legislation passed the rity. She always talks to me and wor- the naval petroleum reserves is in the House last year. Unfortunately, it ries about what is happening to my So- national interest. passed on the last day of the 105th Con- cial Security. I hear they are spending WILLIAM J. CLINTON. gress and did not become law. money in Kosovo. I hear they are going THE WHITE HOUSE, October 8, 1999. H.R. 576 deserves our bipartisan sup- to increase foreign aid. I hear a lot of port. I urge the Members of the House things about spending money in new f to join together in correcting this over- programs. But are they taking it out of sight in the Flag Code. By adding the Social Security? CORRECTIONS CALENDAR King holiday to the Flag Code and ask- Today I can look her in the eye and The SPEAKER pro tempore. This is ing Americans to display the flag on say, no, ma’am. In 1999, for the first the day for the call of the Corrections the day we honor Dr. King, we will en- time in modern history, Congress has Calendar. courage Americans to honor Dr. King not spent one nickel of her Social Se- The Clerk will call the bill on the and his magnificent efforts to advance curity. Corrections Calendar. civil and human rights in America. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9829 Mr. Speaker, I reserve the balance of The U.S. Flag Code encourages all ida, the chairman of the subcommittee my time. Americans to remember the signifi- of the Committee on the Judiciary, for Mr. SCOTT. Mr. Speaker, I yield 30 cance of each Federal holiday through moving this forward with the speed at minutes to the gentleman from Texas the display of our Nation’s banner. The which it has come. I appreciate that (Mr. BENTSEN) and ask unanimous con- Flag Code reminds people that on cer- very much, and on behalf of all of those sent that he be allowed to control that tain days each year, displaying the flag in this country who realize that Dr. time. will show respect for certain individ- Martin Luther King, Jr. is probably the The SPEAKER pro tempore (Mr. uals and events that have shaped our most significant figure in the 20th cen- STEARNS). Is there objection to the re- great Nation. Dr. Martin Luther King, tury, not only in America but in the quest of the gentleman from Virginia? Jr., the greatest civil rights leader of world in terms of the understanding There was no objection. our age, deserves the respect and rev- that he has brought to human rights Mr. BENTSEN. Mr. Speaker, I yield erence symbolized by the raising of our and peace and justice. myself such time as I may consume. Nation’s banner in his memory. Dr. King has been a very strong force (Mr. BENTSEN asked and was given Mr. Speaker, another extraordinary in my life. He has been a good friend of permission to revise and extend his re- aspect about this legislation is how Rosa Parks, who came from Mont- marks.) this oversight was brought to my at- gomery, Alabama to Detroit to asso- Mr. BENTSEN. Mr. Speaker, I rise tention. A constituent, Mr. Charles ciate herself with my efforts for many, today in strong support of H.R. 576, leg- Spain, a resident of Houston and presi- many years, and in the course of it, I islation which I introduced correcting dent of the North American had the honor of getting to know Mrs. an oversight that occurred in the 98th Vexillological Association, contacted Coretta Scott King and indeed the en- Congress during the establishment of me about this glaring oversight 2 years tire King family. There exists in At- the Federal holiday celebrating the ago. In fact, he became aware of this lanta now a Martin Luther King Center birth of our Nation’s greatest civil legislative oversight 7 years ago. I am for Nonviolence which is still a shrine rights leader, Dr. Martin Luther King, grateful for his diligence and assist- to which people come from around the Jr. Specifically, my legislation will add ance in helping my office and the Con- world to join in the understanding of Dr. King’s holiday to the list of Federal gress to correct this error. His effort justice and peace and humanitarian, holidays in which the American flag demonstrates that all citizens have the the reaching out, and also to reflect on should be displayed in honor of that ability to contact and petition their the civil rights struggle. person or event. Congress and make important con- Dr. King will forever remain a sym- I would like to thank the gentleman tributions to the legislative process. bol of what the best of America can be, from Michigan (Mr. CAMP) and the gen- While I am certainly honored that my and in a way what Charles Spain and tleman from California (Mr. WAXMAN) office could play a small part in fur- the gentleman from Texas have done is of the Speaker’s Correction Day Advi- thering the efforts to raise public really in the wake of and in the spirit sory Group as well as the gentleman awareness of Dr. King’s life and of Dr. King himself. This is a small but from Illinois (Mr. HYDE), the gen- achievements, I am most pleased as critical correction. Every holiday en- tleman from Michigan (Mr. CONYERS), well that a private citizen of the courages us to display the flag except the gentleman from Florida (Mr. United States and a constituent has this one, inadvertently left out. How it MCCOLLUM) and the gentleman from been able to utilize the levers of the got left out after 15 years of struggle to Virginia (Mr. SCOTT) for the work that House of Representatives to effect leg- get the bill passed, heaven only knows. they have done on the Committee on islative change. And so I am very delighted to join in the Judiciary on this as well. I believe the American people should what I am sure will be unanimous sup- An identical bill which I also intro- be afforded the opportunity to pay port for the measure that is before us duced in 1998 was adopted by the House their respects to the memory of Dr. now. I thank again all of the sponsors on the last day of the 105th Congress King and all of his achievements and those that have made it possible. last year. Unfortunately, the other through the display of our flag on his Mr. BENTSEN. Mr. Speaker, I thank body had not acted and therefore no day. Of the 10 permanent Federal holi- the gentleman from Michigan for his law moved forward. Furthermore, the days, only the day honoring Dr. King kind words. Senate has adopted an identical lacks this specific honor, and I believe Mr. Speaker, I yield 2 minutes to the version, S. 322, in this Congress. that as Dr. King’s holiday fast ap- gentleman from Ohio (Mr. TRAFICANT). This legislation was first brought to proaches, it is now appropriate to cor- Mr. TRAFICANT. Mr. Speaker, I my attention during the 105th Congress rect this omission. want to associate myself with the re- when a constituent from my district Mr. Speaker, the Corrections Cal- marks of the gentleman from Michi- with a particular interest in endar was designed to provide an expe- gan, the distinguished ranking member vexillology, the study of flags, con- dited legislative procedure for cor- of the Committee on the Judiciary. tacted my office after discovering that recting errors in the law. Today, the What I would like to say, I was not Dr. King’s official holiday was not House can achieve that and two addi- here to speak on this issue, I am here being observed through the U.S. Flag tional goals: one, ensuring that our Na- on my legislation honoring the mother Code. This omission, while not inten- tion honors a true American hero who of Louis and Carl Stokes, but I want to tional, should be offered to the Amer- made the ultimate sacrifice in order to say this. This is a bit of irony in the ican people as yet another avenue they make our Nation and all people in the House today. Martin Luther King, Jr. can use to honor the memory and the world a better place; and the second, was targeted by the Justice Depart- legacy of Dr. King. proving that a single citizen, in Mr. ment, the Federal Bureau of Investiga- It is customary during the establish- Spain, can make a difference in the tion and much of our establishment. He ment of official Federal holidays to American democratic experiment. was targeted basically because, in the signify the importance of the date Mr. Speaker, I urge my colleagues to gentleman from Michigan’s words, he through its recognition in the U.S. support this measure to further honor was a great man but he happened to be Flag Code. The 77th Congress of the the legacy of Dr. King and to continue a great black man. As a result, Amer- United States passed Public Law 623 to move forward with his dream. ica feared that power, and today we which codified the U.S. Flag Code. This Mr. Speaker, I yield such time as he embrace the vision. That is what we legislation also ensured that as new may consume to the gentleman from should be doing. That is the essence of Federal holidays were added, like the Michigan (Mr. CONYERS), the ranking this legislation. Federal holiday honoring Dr. King, of- member of the Committee on the Judi- I am very glad that I was on the ficial notation in the Flag Code would ciary. floor, Mr. Speaker, and I am very proud occur without delay. Unfortunately, Mr. CONYERS. Mr. Speaker, I come to be associated with this vote. I com- the legislation, Public Law 98–144, es- to indicate my strong support for H.R. mend all those responsible. tablishing the holiday recognizing Dr. 576. I want to thank the gentleman Mr. BENTSEN. Mr. Speaker, I yield 2 King, failed to include language nec- from Texas, our colleague from Hous- minutes to the gentlewoman from essary to reference the U.S. Flag Code. ton, and also the gentleman from Flor- Texas (Ms. JACKSON-LEE). H9830 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Ms. JACKSON-LEE of Texas. Mr. the list of days on which the flag should espe- to represent one of the brightest stars in a Speaker, I thank the gentleman from cially be displayed. new national constellation of freedom, liberty, Texas for yielding me this time. I As chairman of the Corrections Advisory racial equality and justice. thank the gentleman from Michigan Group, it was my pleasure to work with Con- Mr. Speaker, there are those who have (Mr. CONYERS), the gentleman from Il- gressman BENTSEN and the minority ranking fought for liberty, there are those who have linois (Mr. HYDE), the gentleman from member, the gentleman from California, Mr. bled for liberty, and there are those who have Florida (Mr. MCCOLLUM) and the gen- WAXMAN, and the test of the members of the even died for liberty. Martin Luther King, Jr. tleman from Virginia (Mr. SCOTT). This committee to expedite consideration of this died fighting for the liberty of our people. We is long overdue. In fact, I followed the Corrections Day bill. honor him and his legacy by flying the flag of gentleman from Texas as his con- This bill was favorably reviewed by the Cor- the United States in memory of this great and stituent raised this issue with him. I rections Advisory Group and is fully supported shining star. want to congratulate him for the effort by my colleagues on the other side of the Ms. JACKSON-LEE of Texas. Mr. Speaker, to bring about this correction and ac- aisle. The advisory group was able to work I rise in support of H.R. 576. This bill would knowledgment of the life and legacy of with the Speaker and the committees of juris- amend the act commonly called the ``Flag Dr. Martin Luther King. diction to bring this bill to the floor today. Code'' to add the Martin Luther King, Jr. Holi- As the gentleman from Texas knows, The Corrections Calendar was formed to day to the list of days on which the Flag Texas was one of the States that gath- provide a special forum to address unneces- should especially be displayed. ered early, although it was not an easy sary, outdated, and obsolete laws. Bills con- Our flag is more than scraps of colorful cloth vote and debate, to make the Martin sidered on our Corrections Calendar are first because it symbolizes the country itself. On Luther King holiday a State holiday in considered by the Corrections Day Advisory Monday, June 14th, our nation celebrated the the State of Texas, and, of course, sup- Group, which meets periodically to consider 222nd birthday of the U.S. Flag. Since the ported it being a Federal holiday. It is various legislative proposals designed to im- adoption of the Stars and Stripes pattern by well known that Dr. King was many prove the federal government's efficiency and the Continental Congress our flag has been a things to many persons, but I think effectiveness. symbol of unity. Unifying people of different what we will all remember him for is The standing committee of jurisdiction must backgrounds under a singular banner. Our being principled and being an advocate then act and report the bill before it can be Flag is recognized as a symbol of freedom in the eye of the storm. Many times placed on the Corrections Calendar. Only after and justice throughout the world. what he advocated was not in the pop- the committees of jurisdiction have acted and When the flag was first adopted in 1777, the ular poll. And even as he spoke about the Speaker has consulted with the minority U.S. Continental Congress justified the flag's opening up opportunities that we leader, can the legislation be placed on the attributes this way: ``White signifies purity and might be able to participate in the ac- Corrections Calendar. innocence; Red, hardiness and valor; Blue sig- commodations of hotels and res- Mr. Speaker, this bill is clearly a ``correc- nifies vigilance, perseverance and justice,'' taurants, I think his mind was think- tions bill.'' Every other Federal holiday is listed with the stars forming ``a new constellation.'' ing even further about how to make in the Flag Code, and when Congress ap- With a description like that, it's no wonder that this Nation a better place. proved Martin Luther King Jr. Day in 1983, it many associate the same values represented And so as we acknowledge in the was not added to the Flag Code through an in the Flag with the activities of Martin Luther Flag Code his day by exhibiting the unintended oversight. Similar legislation King, Jr. Dr. King's life was a unifying force flag in all of our homes, this is a spe- passed the House last year, but because it during the civil rights struggle. cial acknowledgment, that even though was passed on the last day of session, did not Dr. King's beliefs and actions are at the you may be going in the eye of the become law. This year, the Senate has also core of what it means to be an American. His storm and may not have the popular passed similar legislation, and it is high time to words and actions changed American history cause, it is right to have the right pass this bill and see it become law. and have left a lasting legacy for future gen- cause and the principled cause. I think Mr. Speaker, this is a straightforward, bipar- erations to follow. King battled desegregation we all can reflect on that now as Dr. tisan bill that corrects a glaring error in our in Birmingham, recited his dream of racial har- King in the waning hours of his life Flag Code, and pays due respect to our Na- mony at the rally in Washington, marched for went into Memphis and other places, tion's greatest civil rights leader. I urge my col- voting rights in Selma, Alabama, and provided one, to talk about the Vietnam War leagues to support H.R. 576. inspiration for all Americans. I congratulate Mr. and, two, to talk about economic op- Mrs. MEEK of Florida. Mr. Speaker, I rise in BENTSEN on his sponsorship of the legislation. portunity and prosperity. Now many of support of H.R. 576ÐTo Amend the Act Com- Mr. Speaker, I ask all my colleagues to sup- us reflect upon his words and his mis- monly Called the ``Flag Code'' to Add the Mar- port this bill. sion to realize that he was right, that tin Luther King, Jr. Holiday to the List of Days Mr. BENTSEN. Mr. Speaker, I have we should seek peace in this world, and on Which the Flag Should Especially be Dis- no further requests for time, and I that we should seek economic pros- played. This bill adds the Martin Luther King, yield back the balance of my time. perity. Jr. holiday to the list of days on which the U.S. Mr. MCCOLLUM. Mr. Speaker, I yield So I congratulate the gentleman flag should especially be flown. back the balance of my time. from Texas and join him in supporting The Martin Luther King, Jr. holiday was es- The SPEAKER pro tempore. Pursu- this legislation and would hope my col- tablished in 1983 as a national holiday to cele- ant to the rule, the bill is considered leagues would support it. brate his birthday. The laws relating to the flag read for amendment and the previous Mr. BENTSEN. Mr. Speaker, I yield 1 of the United States are found in detail in the question is ordered. minute to the gentleman from Ohio United States Code and designate on which The question is on the engrossment (Mr. KUCINICH). national holidays the flag should particularly and third reading of the bill. Mr. KUCINICH. Mr. Speaker, I want be flown. The bill was ordered to be engrossed to let the gentleman from Texas know Unfortunately, when the holiday for Martin and read a third time, and was read the how much I appreciate his sponsorship Luther King, Jr. was designated, Congress in- third time. of this and to note that when we sing advertently failed to include additional lan- b the Star Spangled Banner, we end up guage in the legislation to list the new holiday 1430 by talking about the land of the free in the Flag Code. We stand today to correct The SPEAKER pro tempore (Mr. and the home of the brave. There can- this wrong. STEARNS). The question is on passage not be any finer tribute to Dr. Martin Our flag originated as a result of a resolu- of the bill. Luther King than when celebrating his tion adopted by the Marine Committee of the The question was taken; and (three- day in this country that we display the Second Continental Congress at Philadelphia fifths having voted in favor thereof) flag and in a sense confirm his journey on June 14, 1777. The resolution read, ``Re- the bill was passed. for freedom and his journey of bravery. solved, that the flag of the United States be A motion to reconsider was laid on Mr. CAMP. Mr. Speaker, I rise today in sup- thirteen stripes, alternate red and white; that the table. port of H.R. 576, a bill introduced by the gen- the union be thirteen stars, white in a blue Mr. MCCOLLUM. Mr. Speaker, I ask tleman from Texas. The gentleman's legisla- field representing a new constellation.'' Little unanimous consent to take from the tion would amend the U.S. Flag Code to add did they know when this resolution was Speaker’s table the Senate bill (S. 322) the Martin Luther King Jr. Federal holiday to passed that Martin Luther King, Jr. would live to amend title 4, United States Code, October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9831 to add the Martin Luther King Jr. holi- alties for harming animals used in Fed- erty. The statute imposes punishment day to the list of days on which the eral law enforcement, as amended. based on the value of the damage done flag should especially be displayed, and The Clerk read as follows: in monetary terms. Under that statute ask for its immediate consideration. H.R. 1791 a criminal who kills a police dog might The Clerk read the title of the Senate Be it enacted by the Senate and House of Rep- receive only a misdemeanor sentence bill. resentatives of the United States of America in due to the low monetary value of the The SPEAKER pro tempore. Is there Congress assembled, dog; but, as we all know, the govern- objection to the request of the gen- SECTION 1. SHORT TITLE. ment spends a considerable amount of tleman from Florida? This Act may be cited as the ‘‘Federal Law time and money to train these animals. Mr. BENTSEN. Reserving the right Enforcement Animal Protection Act of 1999’’. And the government employees who to object, Mr. Speaker, I yield to the SEC. 2. HARMING ANIMALS USED IN LAW EN- use these dogs during the course of FORCEMENT. gentleman from Florida (Mr. MCCOL- their law enforcement work often form (a) IN GENERAL.—Chapter 65 of title 18, LUM) for an explanation. a close bond with them, and so their United States Code, is amended by adding at work can suffer when the animal they Mr. MCCOLLUM. Mr. Speaker, this the end the following: text is virtually identical to the Mar- work with each day is harmed. ‘‘§ 1368. Harming animals used in law enforce- tin Luther King corrections bill we just In many cases these animals have ment prevented harm to citizens and even passed in the House. It has already ‘‘(a) Whoever willfully and maliciously passed the Senate. This way we can saved the lives of children, and so it is harms any police animal, or attempts to con- appropriate that we punish criminal send it immediately to the President, spires to do so, shall be fined under this title and it becomes law, and it is purely and imprisoned not more than one year. If acts towards these animals more technical in that regard. But I thank the offense permanently disables or dis- harshly than we punish damage done to the gentleman for yielding. figures the animal, or causes serious bodily inanimate government property. Under Mr. BENTSEN. Mr. Speaker, I with- injury or the death of the animal, the max- the bill, the maximum punishment draw my reservation of objection. imum term of imprisonment shall be 10 that could be imposed for harming a years. The SPEAKER pro tempore. Is there police animal is 1 year in prison. If the ‘‘(b) In this section, the term ‘police ani- offense permanently disables or dis- objection to the request of the gen- mal’ means a dog or horse employed by a tleman from Florida? figures the animal or results in the se- Federal agency (whether in the executive, rious bodily injury or death of the ani- There was no objection. legislative, or judicial branch) for the prin- The Clerk read the Senate bill, as fol- cipal purpose of aiding in the detection of mal, the maximum punishment that lows: criminal activity, enforcement of laws, or can be imposed increases to 10 years in apprehension of criminal offenders.’’. prisonment. S. 322 (b) CLERICAL AMENDMENT.—The table of I support the bill. I believe the bill Be it enacted by the Senate and House of Rep- sections at the beginning of chapter 65 of strikes the right balance. I thank the resentatives of the United States of America in title 18, United States Code, is amended by gentleman from Illinois (Mr. WELLER) Congress assembled, adding at the end the following new item: for his leadership in bringing this issue SECTION 1. ADDITION OF MARTIN LUTHER KING ‘‘1368. Harming animals used in law enforce- to the attention of the Committee on JR. HOLIDAY TO LIST OF DAYS. ment.’’. Section 6(d) of title 4, United States Code, the Judiciary, and I urge all my col- is amended by inserting ‘‘Martin Luther The SPEAKER pro tempore. Pursu- leagues to support it. King Jr.’s birthday, third Monday in Janu- ant to the rule, the gentleman from Mr. Speaker, I reserve the balance of ary;’’ after ‘‘January 20;’’. Florida (Mr. MCCOLLUM) and the gen- my time. Mr. SCOTT. Mr. Speaker, I yield my- The Senate bill was ordered to be tleman from Virginia (Mr. SCOTT) each will control 20 minutes. self such time as I may consume. read a third time, was read the third Under current law, Mr. Speaker, as time, and passed, and a motion to re- The Chair recognizes the gentleman from Florida (Mr. MCCOLLUM). the gentleman has indicated, damage consider was laid on the table. from an animal owned by the Federal GENERAL LEAVE A similar House bill (H.R. 576) was Government is punishable as destruc- Mr. MCCOLLUM. Mr. Speaker, I ask laid on the table. tion of Federal property. More specifi- f unanimous consent that all Members cally, willful harm to an animal owned may have 5 legislative days to revise MESSAGE FROM THE PRESIDENT by the Federal Government whose and extend their remarks on H.R. 1791, damage or injury is valued at less than A message in writing from the Presi- the bill under consideration. a thousand dollars and results in a 1- dent of the United States was commu- The SPEAKER pro tempore. Is there year maximum imprisonment if the nicated to the House by Mr. Sherman objection to the request of the gen- damage exceeds the thousand dollars, Williams, one of his secretaries. tleman from Florida? the maximum punishment is 10 years. f There was no objection. One problem with the provision is Mr. MCCOLLUM. Mr. Speaker, I yield that police dogs rarely have a technical ANNOUNCEMENT BY THE SPEAKER myself such time as I may consume. PRO TEMPORE value which exceeds a thousand dol- The Federal Law Enforcement Ani- lars, so no matter how vicious or cruel The SPEAKER pro tempore. Pursu- mal Protection Act of 1999 was intro- the offense, under current law the fel- ant to the provisions of clause 8 of rule duced by the gentleman from Illinois ony provisions cannot be invoked. H.R. XX, the Chair announces that he will (Mr. WELLER) and passed both the Sub- 1791, the Federal Law Enforcement postpone further proceedings today on committee on Crime and the full Com- Animal Protection Act of 1999, would each motion to suspend the rules on mittee on the Judiciary by voice votes. make it a crime to willfully harm any which a recorded vote or the yeas and This bill proposes to add a new section police animal or attempt to do so. The nays are ordered or on which the vote to the Federal Criminal Code that maximum punishment would be 1 year is objected to under clause 6 of rule would make it a crime to willfully and imprisonment unless that harm in- XX. maliciously harm any police animal or flicted disables or disfigures the ani- Such rollcall votes, if postponed, will attempt to conspire or attempt or con- mal, in which case the maximum pen- be taken after debate has concluded on spire to do so. The bill defines police alty would increase to 10 years. all motions to suspend the rules, but animal as a dog or horse employed by At full committee markup, the not before 6 p.m. today. a Federal agency for the principle pur- amendments were offered to specify f pose of detecting criminal activity, en- that we are talking about an act done forcing the laws or apprehending crimi- out of malice to the animal as opposed FEDERAL LAW ENFORCEMENT nal offenders. to simply responding to an attack by ANIMAL PROTECTION ACT OF 1999 Under current law, harming an ani- the animal and to establish a clear line Mr. MCCOLLUM. Mr. Speaker, I mal used by the Federal Government between the felony injury and the mis- move to suspend the rules and pass the for law enforcement purposes can only demeanor. The amendments were ac- bill (H.R. 1791) to amend title 18, be punished under the statute that cepted and were incorporated in the United States Code, to provide pen- punishes damage to government prop- bill as we are now considering it. H9832 CONGRESSIONAL RECORD — HOUSE October 12, 1999 With those changes, Mr. Speaker, I ficer’s first line of defense when fight- support. I particularly want to thank support H.R. 1791. ing crime. Federal canines, Federal po- my colleague, the gentleman from New Mr. Speaker, I reserve the balance of lice dogs cost the taxpayers up to Jersey (Mr. ROTHMAN) and the gen- my time. $20,000 to train, up to $3500 to purchase tleman from Ohio (Mr. CHABOT) who Mr. MCCOLLUM. Mr. Speaker, I yield and over a thousand dollars a year to both serve on the Committee on the such time as he may consume to the feed and keep healthy every year. Park Judiciary and helped move this legisla- gentleman from Illinois (Mr. WELLER), police tells me that it costs them al- tion along. I also want to thank the the author of this bill. most $2,500 a year also to keep their gentleman from Florida (Mr. MCCOL- (Mr. WELLER asked and was given horses maintained and healthy as well. LUM) and the gentleman from Illinois permission to revise and extend his re- To illustrate the value of these ani- (Mr. HYDE) as well as the gentleman marks.) mals who are a human officer’s first from Michigan (Mr. CONYERS) and the Mr. WELLER. Mr. Speaker, I particu- line of defense in fighting drugs and gentleman from Virginia (Mr. SCOTT) larly want to thank my friend, the gen- other crimes, let me give these statis- and their staffs for their quick action tleman from Florida (Mr. MCCOLLUM) tics: on H.R. 1791. for his help and assistance in moving In 1998 alone, 164 canine teams of the I also want to thank the assistance of this legislation forward. Border Patrol apprehended over 32,000 director Carl Newcombe, the Customs Mr. Speaker, it is a simple question. illegal aliens, uncovered over 4 tons of Service Canine Center; associate chief, Is it right that Federal law enforce- cocaine, 150 tons of marijuana, and Bill Carter; and Manny Flores of the ment animals, dogs and horses, have no over $2 million in illegal drug moneys. United States Border Patrol; Wayne more protection under the law than a Customs Service canines have had Pacelle of the Humane Society; Russ computer or a government desk? Is it similar success with 627 canine teams Hess, United States Police Canine As- right that if one maims or kills a drug serving over 75 locations nationwide in- sociation; and the officers of the Park sniffing dog that they are held no more cluding most of our international air- Police and the U.S. Capitol Police who accountable than if they smash a ports and port cities. Customs Service have helped with this legislation. chair? has canine teams stationed at O’Hare Mr. Speaker, our federal law enforce- Well, under current law that is true. Airport, my home State of Illinois, and ment has asked for this tool. I ask that It is exactly the case, and our federal it has also come to my attention that this House answer their call and pass law enforcement animals, both dogs the Eleventh Congressional District H.R. 1791 today. Please vote to hold ac- and horses, are afforded no more pro- which I have the privilege of rep- countable those who would maim, tection under the law than a piece of resenting is a source where federal law wound, or kill a police dog or police furniture. Today these highly-trained enforcement agencies go to get canines horse, Mr. Speaker. animals are covered under the same from local breeders in my home State Mr. SCOTT. Mr. Speaker, I yield such statutes that deal with the destruction of Illinois. time as he may consume to the gen- of government property. While this is a Mr. Speaker, just take a moment and tleman from New Jersey (Mr. ROTH- tool, the problem with the destruction listen to the people who know first- MAN), a distinguished member of the of government property statute is that hand the value of these animals. Russ Committee on the Judiciary and a co- it is very hard to prosecute in cases Hess, Executive Director of the United sponsor of the legislation. where a dog or horse is injured or as- States Police Canine Association wrote (Mr. ROTHMAN asked and was given saulted but not killed. Additionally, me back in May, and I quote, the in- permission to revise and extend his re- the current statute does not include crease in assault on law enforcement marks.) Mr. ROTHMAN. Mr. Speaker, I first any mandatory jail time for those who animals is at an all time high. In 1998, want to begin by thanking my dear col- would injure or kill these valuable ani- we had eight dogs killed in the line of league, the gentleman from Illinois mals. duty. The passage of H.R. 1791 will in- (Mr. WELLER). He put together a won- Our legislation cosponsored with my crease the penalty for injuring or kill- derful bill to help protect Federal law friend, the gentleman from New Jersey ing these valuable animals. Wayne Pacelle, of the Humane Soci- enforcement animals, invited me to get (Mr. ROTHMAN), H.R. 1791, the Federal ety of the United States, writes quote, on right away, and we worked together Law Enforcement Animal Protection Officers often spend more hours of the with our Subcommittee on Crime Act which was drafted in cooperative day with their police animals than chair, the gentleman from Florida (Mr. effort with United States Border Pa- with family. As the first line of defense MCCOLLUM), and our ranking member, trol, United States Customs Service, for an officer, police animals daily put the gentleman from Virginia (Mr. United States Park Police, and other themselves in dangerous positions on SCOTT), and the entire committee to agencies as well as the Humane Society behalf of their officer and ultimately move this piece of legislation forward of the United States will address these our communities as a whole. in a bipartisan manner. problems. H.R. 1791 will use the same Mr. Speaker, this is not ground b 1445 fine structure as the current destruc- breaking legislation. In fact, we here in tion of government property statute the Congress at the Federal level are Last week, we did the Patients’ Bill but will add two sections to current behind the eight ball. Already 27 States of Rights in a bipartisan manner. This law, one for assaults on police animals have similar laws on the books to pro- week we are going to do the Federal and one for disablement, disfigurement tect their local and State law enforce- Law Enforcement Animal Protection or death of the animal. ment animals particularly police dogs. Act in a bipartisan manner. Who knows For the lesser assault violation, of- Fortunately, attacks on our federal what is next? Hopefully, this is the fenders will be subject for a fine of up law enforcement animals are not wide- start of something good. to $1,000 with mandatory jail time of spread; but, unfortunately, they are on Mr. Speaker, I rise in support of H.R. up to 1 year. For the more serious of- the rise. In fact, just last week my of- 1791, the Federal Law Enforcement fense of death or disfigurement, viola- fice received a call from the United Animal Protection Act. Most people tors will be subject to a fine in excess States Park Police because one of their think of those who protect us in law of $1,000 with mandatory jail time dogs, one of their canines, was injured enforcement as dedicated men and ranging from 1 to 10 years. by a suspect attempting to flee arrest. women who put their lives on the line All federal law enforcement animals Passage of H.R. 1791 sends a strong daily, make innumerable sacrifices, and all three branches of government message to the thugs who will think of take enormous risks, put their families will be covered by H.R. 1791 from the causing harm to our law enforcement and their lives in jeopardy, and that is horses used in law enforcement here in animals. Let us make it clear. Some- true. They represent the thin, blue line Washington on the mall or at the one hits or kills a law enforcement ani- that separates civilized society from Grand Canyon to agricultural inspec- mal, they go to jail just as if they hit anarchists and criminals; and we have tion canines and drug-sniffing dogs any other law federal enforcement offi- to do all in our power to give law en- used by the Customs Service and Bor- cer. forcement people the tools, the re- der Patrol. These are highly trained Mr. Speaker, this is good bipartisan sources, and the support that they need animals and they are often a human of- legislation with a wide spectrum of to do their job. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9833 But there are other living creatures Last week was the Patient’s Bill of States Post Office located at 713 Elm who assist us in our law enforcement Rights, and now the Federal Law En- Street in Wakefield, Kansas, as the endeavors, and they are the dogs and forcement Animal Protection Act. ‘‘William H. Avery Post Office.’’ the horses who work with our law en- Hopefully, we will get together in a bi- The Clerk read as follows: forcement personnel to sniff out drugs, partisan fashion to do who knows, H.R. 2591 to apprehend the bad guys who are flee- maybe even to pass a budget. Be it enacted by the Senate and House of Rep- ing the scene, and to otherwise keep Mr. Speaker, I strongly support H.R. resentatives of the United States of America in order in our society. 1791, and I thank my colleagues for Congress assembled, Mr. Speaker, I spoke this morning at their support as well, and I urge the en- SECTION 1. DESIGNATION. a high school in Wallington, New Jer- tire House to do the same. The United States Post Office located at sey, and among the many other things Mr. FARR of California. Mr. Speaker, I rise 713 Elm Street in Wakefield, Kansas, shall be we talked about, I told them I was known and designated as the ‘‘William H. in support of H.R. 1791, the Federal Law En- Avery Post Office’’. coming today to work with the gen- forcement Animal Protection Act. This is a SEC. 2. REFERENCES. tleman from Illinois (Mr. WELLER) and good bill because it enables us to convict Any reference in a law, map, regulation, my other colleagues to pass this Fed- criminals for harming police animals. As part document, paper, or other record of the eral Law Enforcement Animal Protec- of their job, police animals risk their lives side- United States to the post office referred to in tion Act to protect those dogs and Fed- by-side with their human partners in law en- section 1 shall be deemed to be a reference to eral police dogs and horses who are in- forcement. These animals patrol our national the ‘‘William H. Avery Post Office’’. tentionally injured or killed by crimi- parks, our national borders, our airports, and The SPEAKER pro tempore. Pursu- nals. And they said, gee, is that not a even our United States Capitol is guarded by ant to the rule, the gentleman from law already? And I said, well, no, it is 30 K±9 units. New York (Mr. MCHUGH) and the gen- not. It is the law in several States in Police officers depend on these animals to tleman from Pennsylvania (Mr. the United States, but it has never do their job and therefore, it is critical that we FATTAH) each will control 20 minutes. been the law of the land, the Federal protect them. The U.S. Border Patrol uses 164 The Chair recognizes the gentleman law. K±9 Teams, which in 1998 alone detected from New York (Mr. MCHUGH). So I thank the gentleman from Illi- over 4 tons of cocaine, 150 tons of marijuana Mr. MCHUGH. Mr. Speaker, I yield nois (Mr. WELLER) and others for bring- and over $2 million in drug money. Unfortu- myself such time as I may consume. ing this matter to our attention, allow- nately, last year 8 K±9 dogs were killed and Mr. Speaker, the bill before us, H.R. ing us to work to put this matter fi- many more sustained injuries from attacks 2591, was introduced by our colleague, nally to rest, to protect those brave po- while on the job. Mr. WELLER's bill would ap- the gentleman from Kansas (Mr. lice animals who do so much for our so- propriately penalize this misconduct. MORAN) and is sponsored by each Mem- ciety. Under current Federal law, Federal K±9s ber of the House delegation from the Mr. Speaker, it is not just the cost of and horses are only protected by the U.S. great State of Kansas, which is pursu- the animals, which is significant in a statutes that govern destruction of government ant to a long-standing policy of the tight budget; there are tight budgets of property. Current law places fines of up to Committee on Government Reform. the Federal level, State, county and $1,000 if the act is under $1,000 with the op- This legislation, as noted by the Clerk, local, and we know that there is a sig- tion of jail for up to 1 year. If the damage ex- designates the United States Post Of- nificant investment of thousands of ceeds $1,000, then the fine would be in ex- fice located at 713 Elm Street in Wake- dollars in the purchase and the train- cess of $1,000 with the option of jail for up to field, Kansas as the William H. Avery ing of police dogs and police horses. It 10 years. Post Office. is also the time and the energy of the The Federal Law Enforcement Animal Pro- Mr. Speaker, I want to begin by com- humans who have to train them, care tection Act makes it a Federal crime to willfully mending the gentleman from Kansas for them, and oversee their well-being, harm any police animal, or to attempt to con- for his leadership on this issue, for as well as lead them in the course of spire to do so. This would include simple as- bringing to our attention I think a their daily work. saults, bites, kicks, punches, and plots to in- very, very laudable, worthy designa- But beyond the mere costs, we can jure animals. The penalty would be a fine up tion and express my appreciation as also, I think, recognize that these are to $1,000 and mandatory jail for up to 1 year. well from the gentleman from Pennsyl- the lives of animals. And so while this The bill also recognizes the important law en- vania (Mr. FATTAH), the ranking mem- is a bill for law enforcement, to give forcement function these animals perform, the ber, and all of the members of the sub- law enforcement the tools, protect cost of training to the government, and the committee and the committee and its their resources that these animals cer- bond between handler and animal. Chairman, the gentleman from Indiana tainly are, it is also to recognize that Twenty-seven States have passed similar (Mr. BURTON), for processing this bill in these are living creatures that we want legislation. The bill passed the Judiciary Com- a very timely manner. to protect, not just like a desk or a mittee by voice vote with 25 bipartisan co- As to the designee, Mr. Avery was chair that a criminal would destroy to sponsors. I urge my colleagues to join me in born the son of a farmer and rancher flee a crime or to obstruct a pursuit of supporting Mr. WELLER's bill. near Wakefield, Kansas, in 1911 and at- law enforcement men and women who Mr. SCOTT. Mr. Speaker, I yield tended Wakefield High School in that are following him or her, but these are back the balance of my time. town. He later graduated from the Uni- police animals who we want to protect Mr. MCCOLLUM. Mr. Speaker, I yield versity of Kansas in 1934, after which as well. back the balance of my time. he returned home to raise crops and So this law would give the discretion The SPEAKER pro tempore (Mr. livestock on his family farm. During to a judge to impose a fine of up to STEARNS). The question is on the mo- that time, he served on the local school $1,000 and the discretion to impose tion offered by the gentleman from board. some kind of jail time if the animal Florida (Mr. MCCOLLUM) that the Mr. Avery was elected to the State was disabled or died, and that that was House suspend the rules and pass the House of Representatives and served the intention of the perpetrator, to in- bill, H.R. 1791, as amended. from 1951 to 1955. He was a Member of jure or disable or kill the animal. The The question was taken; and (two- the legislative council from 1953 to offender would be subject to a fine not thirds having voted in favor thereof) 1955. Mr. Avery won the Republican in excess of $1,000 and will be impris- the rules were suspended and the bill, nomination for the United States Con- oned for up to 10 years in the discretion as amended, was passed. gress and served in this House from of the judge. A motion to reconsider was laid on 1955 to 1965. In 1965, the people of Kan- Again, this is a law that was a long the table. sas elected him to serve one term as time in coming, and certainly very nec- f the 37th governor of Kansas. Mr. Avery essary. We live in a very dangerous, continues to this day to live in his hostile world with lots of problems fac- WILLIAM H. AVERY POST OFFICE hometown of Wakefield, Kansas. ing the United States of America. We Mr. MCHUGH. Mr. Speaker, I move to Mr. Speaker, it is, it seems to me, es- have lots of problems here at home, suspend the rules and pass the bill pecially meaningful to honor a person and we need to deal with them as well. (H.R. 2591) to designate the United during his or her lifetime. Quite often, H9834 CONGRESSIONAL RECORD — HOUSE October 12, 1999 we come to this floor and designate that the Congress recognize the force relocation of nearly two-thirds of these facilities in honor of someone achievements and accomplishments his hometown. who is no longer with us and no longer and the legacy of service of people like Avery was encouraged to run then for able to be directly aware of our appre- the gentleman from Kansas, Mr. Avery, the State House of Representatives, ciation and the honor that they are who we honor today through this legis- and he won, serving from 1951 to 1955. about to receive. But in this instance, lative proposal. Effective and well-liked by all of his we are naming a facility in the home- So Mr. Speaker, I thank the gen- colleagues, he then went on to serve in town after a native son, a place which tleman from New York, and I reserve the United States Congress in this is visited daily by the neighbors and the balance of my time. House for 10 years. friends of that person, and naming it Mr. MCHUGH. Mr. Speaker, I yield As Governor, Mr. Avery was bold and after someone who is identified with myself such time as I may consume to direct. He took his job in public office the town literally from birth. I cer- first respond to the gentleman from very seriously. In his service, Governor tainly urge our colleagues to honor Pennsylvania in saying that I value the Avery worked for everything that was Governor Avery and this very worthy working relationship we have had, and important to Kansas: agriculture, rural recipient. as he so, I think, accurately noted, the communities, water conservation, and Supporting this bill, the Congres- work product of that relationship will education. He was not afraid to make sional Budget Office indicates that en- be shown on this floor today. It has effective but unpopular policy deci- actment of the legislation would have been both an honor and a pleasure to sions. Avery inherited a deficit when no significant impact on the Federal work with him and the Members on his he came to the Kansas State House, budget and would not directly affect side who have joined us in putting and he worked to direct funds towards spending or receipts, and therefore pay- aside partisan differences in attempt- schools and economic growth. He effec- as-you-go procedures would not apply. ing to rather just move legislation that tively reformed education, and brought Additionally, the legislation contains serves the people. new industry to our State. no governmental or private sector In this instance, as I said, we do have After serving as Governor, he became mandates that are defined in the un- the privilege of joining today in sup- active in the oil and grain industries. funded mandates reform act, and as porting a bill that is very worthy and Avery also served in both the Depart- such, would impose no costs on State, recognizes a very worthy individual, as ment of the Interior and the Agency local, or tribal governments. well as having with us on the floor for International Development. In sum, Mr. Speaker, this is a very today the gentleman who really has led For those who know Bill Avery, just worthy piece of legislation, a very wor- the fight to put this bill together and mentioning his name often brings out a thy designee, and I urge all of my col- to bring our attention to this very wor- smile or a chuckle, and provokes a per- leagues to support it this afternoon. thy opportunity. sonal story about the Governor. Often Mr. Speaker, I reserve the balance of Mr. Speaker, I yield 4 minutes to the described as a big, kindhearted, jovial my time. gentleman from Kansas (Mr. MORAN), fellow, Governor Avery is an extremely Mr. FATTAH. Mr. Speaker, I yield the chief advocate, chief sponsor of the colorful, personable, and funny man. myself such time as I may consume. legislation. Having great appreciation for farm- I am pleased to join with the gen- Mr. MORAN of Kansas. Mr. Speaker, ing and being near the people he grew tleman from New York in moving I thank the gentleman from New York up with, he returned to Wakefield when today some five postal naming bills. (Mr. MCHUGH) and the gentleman from he retired in 1980. With his love for This is the first, and it is indeed an Pennsylvania (Mr. FATTAH) for their horses and agriculture, Avery bought a honor for us to have the opportunity to work on this piece of legislation, and I team of horses, collected a line of an- participate. It really provides to the thank the chairman for yielding me tique farm machinery, and worked a people of Kansas the notice that is ap- this time. small piece of farm ground as a hobby. propriate for the service of a former As indicated earlier, I rise to join my Members of the Wakefield community Member by naming this post office, and colleagues in recognizing a man who fondly tell his stories of antique ma- the majority Chairman has walked served for 20 years in public service. chinery and his love for agriculture. through the tremendous public service William H. Avery served as governor of One community member recollects that Congressman Avery provided, not our State and as Congressman for a that in one parade, the press did not just his service here in the Congress for portion of our State from 1950 to 1960s, even recognize Governor Avery because more than a decade, but his service as and it is my honor to speak on behalf he was wearing overalls and a straw a member of a local school board, his of this legislation which names the hat behind his own team of horses. I graduation from Wakefield high, his post office in his hometown of Wake- have a feeling Governor Avery likes it service in the State House, and then fi- field, Kansas. that way. Bill Avery takes very great nally, his service as governor of the Bill Avery became the 37th governor pride in being a farmer. State of Kansas. of Kansas in 1965, but his public service Bill Avery was born and grew up in a I think it is appropriate that we first began over a decade earlier. How- farm near Wakefield. Today, at the age move this naming bill that was intro- ever, he never intended to follow a ca- of 89, he continues to reside in his duced on July 2 by the gentleman from reer in politics or government service. hometown in a house overlooking the Kansas (Mr. MORAN), and as the minor- reservoir that took his farm. He still is b 1500 ity ranking member on the Sub- active in public policy, and in fact, committee on Postal Service, I want to When he graduated from the Univer- writes letters to me and other Members just offer my thanks to the cooperative sity of Kansas, the country was in the of Congress on a regular basis. working relationship that I have had midst of the Great Depression, so rath- Governor Avery was a true farmer with the gentleman from New York er than going on to school, he went and family man who did not let politics (Mr. MCHUGH). back to his family farm to raise crops change him. I admire both his integrity And as we will see today, we have and livestock. He made a life with his and his character, and I am honored to moved through the committee a num- wife and four kids on that farm, the pay this small tribute to our Governor ber of these bills that are important same farm that his family had worked Avery. not just to the Members who have in- since the Civil War. This bill will name the Post Office in troduced them but to the memory of In these early years he expanded the his hometown where he daily goes to those whose names these postal facili- farm and served on the local school collect his mail. I ask that this body ties will bear, because it represents I board. At the age of 39, Mr. Avery be- pass this legislation. think the continuing hope that there came involved in politics for the first Mr. FATTAH. Mr. Speaker, I yield will be others from those communities time when construction of several big myself such time as I may consume. who will come and provide service, not dams in our State threatened to take Mr. Speaker, I think that the pre- just here in this House, but in a variety farmland of his and his neighbors out vious speaker has laid out for the of roles of public service throughout of production. A reservoir was being House ample reason for us to swiftly our Nation, and that it is appropriate planned that would take his farm and pass this legislation. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9835 Mr. Speaker, I have no further re- House suspend the rules and pass the ardent supporter of the community of quests for time, and I yield back the bill, H.R. 2591. Bond, the city of Wiggins, Stone Coun- balance of my time. The question was taken; and (two- ty, and the State of Mississippi, as a Mr. MCHUGH. Mr. Speaker, I yield thirds having voted in favor thereof) whole. The ancestral home was subse- such time as she may consume to the the rules were suspended and the bill quently donated by Mrs. Dean to the gentlewoman from Maryland (Mrs. was passed. Baptist Children’s Village as a home MORELLA). A motion to reconsider was laid on for children in the Bond community of (Mrs. MORELLA asked and was given the table. Stone County. permission to revise and extend her re- f In addition to his outstanding record, marks.) his outstanding record as a major Mrs. MORELLA. Mr. Speaker, I rise GENERAL LEAVE league baseball pitcher and a baseball in support of H.R. 2591, naming the Mr. MCHUGH. Mr. Speaker, I ask telecaster featuring the major league Post Office for Governor Avery, who unanimous consent that all Members baseball’s Game of the Week, Dizzy also served in the House of Representa- may have 5 legislative days within made many contributions to his local tives. which to revise and extend their re- community which was recognized by Mr. MCHUGH. Mr. Speaker, I yield marks on H.R. 2591, the bill just passed. the mayor and Board of Aldermen of myself such time as I may consume. The SPEAKER pro tempore. Is there the city of Wiggins. It was they, Mr. Mr. Speaker, I have words of appre- objection to the request of the gen- Speaker, who recommended that the ciation to the ranking member, the tleman from New York? newly renovated and expanded post of- gentleman from Pennsylvania (Mr. There was no objection. fice in Wiggins be named after Dizzy ATTAH), and also a word of apprecia- F f Dean, who died on July 17 in 1974. tion to the sponsor, the gentleman Mr. Speaker, I would certainly want from Kansas (Mr. MORAN). JAY HANNA ‘‘DIZZY’’ DEAN POST to commend the gentleman from Mis- Mr. MOORE. Mr. Speaker, I rise today in OFFICE sissippi (Mr. TAYLOR) for working so support of H.R. 2591, legislation introduced by Mr. MCHUGH. Mr. Speaker, I move to closely with the community in bring- my colleague from Kansas, JERRY MORAN, suspend the rules and pass the bill ing this bill to the floor. Again, as is that would designate the Wakefield, Kansas, (H.R. 2460) to designate the United true on all of these proposals, I deeply post office as the William H. Avery Post Of- States Post Office located at 125 Border appreciate the cooperation of the gen- fice. Avenue West in Wiggins, Mississippi, as tleman from Pennsylvania (Mr. Bill Avery served the people of Kansas with the ‘‘Jay Hanna ‘Dizzy’ Dean Post Of- FATTAH) and the entire Committee on distinction in several public offices. Born in fice.’’ Government Reform for their efforts in Wakefield in 1911, he attended public schools The Clerk read as follows: this matter. and earned an A.B. at the University of Kan- I would certainly urge our colleagues H.R. 2460 sas in 1934. A farmer and stockman since to support a bill which recognizes, real- 1935, he became director of the Wakefield Be it enacted by the Senate and House of Rep- ly, to those of us who grew up in the resentatives of the United States of America in Rural High School Board of Education in 1946 Congress assembled, 1950s and 1960s who really spent many, and was elected to the Kansas House of Rep- many weekends watching the game of SECTION 1. DESIGNATION. resentatives in 1950. While in the legislature, The United States Post Office located at the week, sometimes to the distress of he served on the Legislative Coordinating 125 Border Avenue West in Wiggins, Mis- our English teachers, learning a bit of Council. sissippi, shall be known and designated as colorful and sometimes creative lan- Bill Avery was elected to Congress five the ‘‘Jay Hanna ‘Dizzy’ Dean Post Office’’. guage from the great Dizzy Dean, to times, serving from 1955±1965. In 1964, he SEC. 2. REFERENCES. pass this bill and support what I think was elected governor of Kansas, where he Any reference in a law, map, regulation, is a very, very worthy measure. served for two years until his defeat for re- document, paper, or other record of the Mr. Speaker, I reserve the balance of election by Robert Docking, who went on to United States to the post office referred to in my time. be the only Kansan elected to the governor- section 1 shall be deemed to be a reference to Mr. FATTAH. Mr. Speaker, I yield ship four times. During his tenure as governor, the ‘‘Jay Hanna ‘Dizzy’ Dean Post Office’’. myself such time as I may consume. Bill Avery tackled several complicated, con- The SPEAKER pro tempore. Pursu- Mr. Speaker, I would like to join troversial issues, including enactment of a ant to the rule, the gentleman from with the chairman of the Sub- school funding program which provided broad- New York (Mr. MCHUGH) and the gen- committee on Postal Service, the ma- er state support for elementary and high tleman from Pennsylvania (Mr. jority chair, in support of this legisla- schools through increases in the sales, liquor, FATTAH) each will control 20 minutes. tion. cigarette and income taxes, including estab- The Chair recognizes the gentleman First and foremost, Mr. Speaker, it lishment of state income tax withholding. He from New York (Mr. MCHUGH). has been an honor to be able to work also presided over implementation of a school Mr. MCHUGH. Mr. Speaker, I yield with my colleague, the gentleman from unification statute that closed many rural myself such time as I may consume. Mississippi, who we are going to hear schools. Mr. Speaker, I am pleased to speak from in just a few minutes, who was After leaving the governorship, Bill Avery re- briefly on H.R. 2460, legislation that the prime sponsor of this legislation. turned to Wakefield and became president of was introduced by our colleague, the The gentleman from Mississippi (Mr. Real Petroleum Company. At age 88, he re- gentleman from Mississippi (Mr. TAY- TAYLOR) I think represents not just the sides in Wakefield today. LOR) on July 1 of this year, and as con- State of Mississippi but, in many re- I am pleased to cosponsor this legislation sistent, again, with the policy of Com- spects, because of his concern in terms with my colleagues from the Kansas congres- mittee on Government Reform, it has of national defense and a whole range sional delegation and I am glad to take this been cosponsored by the entire House of issues relative to the national inter- opportunity to commend Bill Avery for his dis- delegation of the great State of Mis- est, the best of what this Congress has tinguished career of public service on behalf of sissippi. to provide in terms of legislative lead- his fellow Kansans. I urge my colleagues to Mr. Speaker, this bill does designate ership. He is principled and committed, support this timely and well-deserved meas- the United States Post Office located and it was a pleasure to be able to help ure. at 125 Border Avenue West in Wiggins, facilitate this bill coming to the floor Mr. MCHUGH. Mr. Speaker, I have no Mississippi, as the Jay Hanna ‘Dizzy’ because it is important to him. further requests for time, and I yield Dean Post Office. Jay Hanna Dean was Naming a postal facility is an appro- back the balance of my time. born on January 16, 1911. He made his priate honor to bestow upon someone The SPEAKER pro tempore (Mr. home in Stone County, Mississippi, who has done all of the things that we STEARNS). The question is on the mo- which is his wife’s ancestral home. are going to hear about in a minute. I tion offered by the gentleman from Dizzy Dean, as most of us know him do not want to steal the thunder from New York (Mr. MCHUGH) that the by, loved his adopted home and was an the sponsor, but I do want to say that H9836 CONGRESSIONAL RECORD — HOUSE October 12, 1999 it says something about his life, that An injury he suffered in the 1937 All- (Mr. TAYLOR) whom I understand his wife would donate the home to the Star Game complicated matters. His worked with his constituent who Baptist Children’s Village as a home toe was broken by a line drive off the brought this forward. I commend the for children. It shows the continuing bat of Earl Averill. Dizzy altered his Committee on Government Reform for legacy that I think this naming of a pitching motion to compensate for the paying tribute to this great American. postal facility will add to. broken toe, injuring his throwing arm He is not only a great baseball player; Mr. Speaker, I yield such time as he in the process. Dean left the Cardinals Dizzy Dean is a great American. may consume to the gentleman from in 1938 and played for a while with the Mr. MCHUGH. Mr. Speaker, I yield the great State of Mississippi (Mr. TAY- Chicago Cubs. Dizzy retired as a three- such time as she may consume to the LOR). time, 20-game winner who finished with gentlewoman from Maryland (Mrs. Mr. TAYLOR of Mississippi. Mr. 150 career wins and 30 career saves. MORELLA). Speaker, I want to thank the chairman Dean was active for many years as an Mrs. MORELLA. Mr. Speaker, I rise of the committee and the ranking announcer for radio and television in strong support of this bill. It is the member for their kind words. I want to baseball broadcasts for both CBS and Federal Law Enforcement Animal Pro- thank Stacy Ballow from South Mis- NBC during the 1940s and 1950s. He en- tection Act. It was introduced by our sissippi’s congressional office for doing tertained scores of fans with his coun- colleagues, the gentleman from Illinois the research and putting this together. try twang and erratic pronunciation. (Mr. WELLER), the gentleman from New Mr. Speaker, Jay Hanna Dean, known He once said, ‘‘I always just went out Jersey (Mr. ROTHMAN), and the gen- by all of us as Dizzy Dean, was elected there and struck out all the fellas I tleman from Ohio (Mr. CHABOT). to the baseball Hall of Fame in 1953. He could. I did not worry about winnin’ Mr. Speaker, what the legislation was possibly the biggest pitching star this number of games or that number, would do is it would increase the pen- in the National League in the 1930s. and I ain’t woofin’ when I say that ei- alties for harming or killing a Federal Dean burst onto the major league stage ther.’’ He also said, ‘‘Them that ain’t law enforcement animal. There are with stunning success, and dominated been fortunate enough to have a gander hundreds of animals that are used in the league for 5 years. at ’ole Diz’ in action can look at the our country every day to protect and A beloved figure in the history of the records.’’ assist police officers. Every day dogs St. Louis Cardinals, Dean first ap- Dean was born in Lucas, Arkansas, in are used to conduct building searches for suspected explosives, assist officers peared in the major leagues in 1930 at 1911. He married Patricia Nash of Bond, Stone County, Mississippi. The Deans with raids, find missing people. the age of 19, pitching a complete-game lived in Mrs. Dean’s ancestral home Law enforcement officers that work victory. He went back to the minors in there. Jay Hanna Dean died in 1974. with these animals consider them to be 1931, and then started full-time with Mrs. Dean later donated their home to loyal partners who deserve respect and the Cardinals in 1932, winning 18 games the Baptist Children’s Village, and it is protection for their work. Criminals for a 3.30 ERA and leading the National used today as a home for children in should not go unpunished for bringing League in strikeouts. He gained noto- the Bond community of Stone County. intentional harm to police animals. riety not just for his clutch pitching, I want to thank young Seth Bond, a This legislation sends a message that but also for his colorful personality, student at Perkinston Elementary Federal law enforcement animals are which earned him the nickname Dizzy. School in Stone County for bringing valued and protected by the Federal That was just the beginning. Dean this to the attention of the mayor and Government. won 20 games in 1933, leading the the Board of Aldermen in Wiggins that Mr. Speaker, I particularly wanted to league in strikeouts, again, as well as Dizzy Dean deserved a fitting local me- speak on this bill because I represent a in games completed. He led the league morial in recognition of his life, ac- district that has demonstrated its re- with 30 victories in 1934, then again complishments, and efforts on behalf of spect for animals in many ways. In Au- with 28 in 1935, adding strikeout cham- Stone County. gust, the canine unit of the Mont- pionships both times. Wiggins is the county seat of Stone gomery County Police Department re- Dean led the National League in County, and the city officials and citi- ceived several protective vests for their shut-outs in 1932 and 1934, and had an zens of the county saw fit to take police dogs to better protect them dur- astounding .811 winning percentage in young Seth up on his suggestion. They ing confrontations with criminals or 1934. That is 30 wins and seven losses. sent me a resolution requesting that explosives. He ultimately led the National League the newly renovated and expanded In this month, Maryland joins with 27 for four consecutive years in both com- United States Post Office in Wiggins be additional States in passing law en- plete games and strike-outs. He won named in his memory. forcement animal protection laws. the National League most valuable I am honored to help out in Seth’s re- These States have laws that recognize player award in 1934 and, if the Cy quest and urge the support of my col- police animals as valuable members of Young Award had existed then, he no leagues of H.R. 2460, a bill to name that the law enforcement community. The doubt would have won it at least twice. facility the Jay Hanna Dizzy Dean Post time is far overdue to give the same Dizzy combined with his younger Office. Federal protection to our law enforce- brother, Paul Daffy Dean, to win four Mr. Speaker, the gentleman from ment animals, that kind of protection games in the 1934 World Series. The New York (Mr. MCHUGH) was correct in that many States already provide. Dean brothers won two games apiece. saying that the entire Mississippi dele- I am pleased that my colleagues have When Daffy pitched the no-hitter in gation has sponsored this. But I would given support to this valuable legisla- the series, Dizzy said, ‘‘If you had only like to point out that the great gen- tion. told me you was going to pitch a no- tleman from Tennessee (Mr. WAMP), Mr. FATTAH. Mr. Speaker, we have hitter, I would have pitched one, too.’’ the most valuable player in the con- no further requests for speakers on our b 1515 gressional baseball game, was the sixth side, and I would assume the case to be cosponsor. I want to thank him for so on the majority side. Dizzy remained at the top of his form that. Mr. Speaker, I am pleased to yield in 1936, winning 24 games with a 3.17 Mr. FATTAH. Mr. Speaker, I yield 1 back the balance of my time. earned run average. minute to the gentleman from Ohio Mr. MCHUGH. Mr. Speaker, I yield Throughout his career, the Cardinals (Mr. TRAFICANT). myself such time as I may consume. used Dean, not just as a starter, but as Mr. TRAFICANT. Mr. Speaker, I Mr. Speaker, I do not have any fur- a reliever as well. He unofficially led think it is good that we name this post ther requests for time. Let me in clos- the league with 11 saves in 1936, despite office for Dizzy Dean. We pay tribute to ing just again thank the gentleman starting 34 games and completing 28. many great Americans. Dizzy Dean is a from Pennsylvania (Mr. FATTAH), rank- The heavy usage finally caught up with great American. He passed more mail ing member, and also to compliment him in 1937. Arm soreness limited him by more major league baseball players the gentleman from Mississippi (Mr. to 25 starts; and though he won 13 than the Postal Service. TAYLOR) again. I appreciate his re- games and had a solid 2.69 ERA, it was So I want to join and I want to com- marks about, indeed, the great gen- clear that something was wrong. mend the gentleman from Mississippi tleman from Tennessee (Mr. WAMP) as October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9837 a teammate of his. In the spirit of bi- entire House delegation of the great Mr. FATTAH. Mr. Speaker, I yield partisanship that we strike on these State of Ohio in accordance with our myself such time as I may consume. bills, I will not mention the score of policy on the Committee on Govern- Mr. Speaker, this is an opportunity the game in which the gentleman from ment Reform, which has moved this to recognize the extraordinary accom- Tennessee (Mr. WAMP) was rightfully legislation. plishments of a woman who embodies named the MVP. But I think his sup- The measure does, indeed, designate the story of literally millions and mil- port of this bill lends an even greater the United States Post Office located lions of women throughout our country credence. at 3675 Warrensville Center Road in who struggled against tremendous odds I urge my colleagues that we support Shaker Heights, Ohio, as the Louise and difficult circumstances to raise this bill and, indeed, honor a very Stokes Post Office. children. colorful and very great American. Mr. Speaker, H.R. 2357 is a very spe- Her two sons she raised after their fa- Mr. Speaker, I yield back the balance cial bill in that it honors the mother of ther died, her husband died, when they of my time. two very remarkable men. Louise were very young children. She worked The SPEAKER pro tempore (Mr. Cinthy Stone Stokes, mother of Louis as a domestic worker. She did what STEARNS). The question is on the mo- and Carl, was born the eighth of 11 was necessary to feed and clothe and tion offered by the gentleman from children of the Reverend Mr. William educate her children. One became a New York (Mr. MCHUGH) that the and Fannie Stone on October 27, 1895, United States Congressman of some House suspend the rules and pass the in Wrons, Georgia. note because, not only was he the first bill, H.R. 2460. She moved to Cleveland, Ohio, in 1918 African American to serve the great where she met and married Charles The question was taken; and (two- State of Ohio and the Congress, but a Louis Stokes, a laundry worker. thirds having voted in favor thereof) Congressman whose work and accom- Charles Stokes died when his two sons the rules were suspended and the bill plishments and achievements are not were still infants. Louis was but 2 was passed. equaled by many who serve in this years old, and Carl only 13 months. A motion to reconsider was laid on House or have served in this House. Louise, now widowed, worked as a do- the table. The other son went on to be the mayor mestic worker, and her widowed moth- f of a major city at a time in which no er, Fannie, lived with a family and other African American had ever helped with the children. They lived in GENERAL LEAVE served in such a capacity. public housing on meager earnings. So it is a remarkable woman that we Mr. MCHUGH. Mr. Speaker, I ask Louise Stokes insisted that her sons acknowledge in this naming. But it is a unanimous consent that all Members get jobs at an early age and that they, story that is very important to the may have 5 legislative days within most of all, get an education, and they very fabric of our country that I think which to revise and extend their re- did. Louis Stokes graduated from Case is acknowledged through her life’s marks on H.R. 2460, the bill just passed. Western Reserve and Cleveland Mar- The SPEAKER pro tempore. Is there shall Law School, and Carl Stokes work. I want to thank the gentleman from objection to the request of the gen- graduated from Marshall Law School. tleman from New York? Louis served as a civil rights attor- the great State of Ohio (Mr. TRAFI- There was no objection. ney; and, in 1968, he became the first CANT), the prime sponsor of this bill. Mr. Speaker, I yield as much time as f African-American Congressman from Ohio. Also in 1968, Carl became the he may consume to the gentleman LOUISE STOKES POST OFFICE first African-American mayor of a from Ohio (Mr. TRAFICANT). (Mr. TRAFICANT asked and was Mr. MCHUGH. Mr. Speaker, I move to major U.S. city and later became a suspend the rules and pass the bill United States ambassador. given permission to revise and extend (H.R. 2357) to designate the United Louise Stokes was selected Cleve- his remarks.) States Post Office located at 3675 land’s Woman of the Year, Ohio Mother Mr. TRAFICANT. Mr. Speaker, this Warrensville Center Road in Shaker of the Year, and received numerous is not a day to pay tribute to Carl and Heights, Ohio, as the ‘‘Louise Stokes awards from religious and civic organi- Lou Stokes; the first black mayor of a Post Office’’. zations throughout her lifetime. The major city, later an ambassador, and The Clerk read as follows: guiding principles of Louis Stokes’ life Lou Stokes, the first black cardinal on the powerful Committee on Appropria- H.R. 2357 and his brother Carl’s were really in- stilled in them by their mother. It was tions who used to go on junkets all Be it enacted by the Senate and House of Rep- around the world with the gentleman resentatives of the United States of America in simply a value of hard work, education, from Missouri (Mr. CLAY). That is a lit- Congress assembled, and religion. tle off joke here. They are great, dear SECTION 1. DESIGNATION. I suspect someday, Mr. Speaker, we friends. The United States Post Office located at may be on this floor honoring two very 3675 Warrensville Center Road in Shaker remarkable men in Louis and Carl I decided to submit this legislation. I Heights, Ohio, shall be known and designated Stokes, but I think it is most appro- had some calls, and they troubled me. as the ‘‘Louise Stokes Post Office’’. priate, before we designate post offices What troubled me was that some peo- SEC. 2. REFERENCES. in recognition of their contributions, ple felt well, maybe, we name our insti- Any reference in a law, map, regulation, that we first recognize the woman who, tutions for America’s greatest; and document, paper, or other record of the indeed, instilled in them the kind of that is exactly why I submitted this United States to the post office referred to in values, the kind of ethics that brought legislation. section 1 shall be deemed to be a reference to them to the high pinnacle of public I want to thank the gentleman from the ‘‘Louise Stokes Post Office’’. service which we have seen over so New York (Mr. MCHUGH), and I want to The SPEAKER pro tempore. Pursu- many years. thank the distinguished gentleman ant to the rule, the gentleman from Indeed, Louise Stokes was a remark- from Philadelphia, Pennsylvania (Mr. New York (Mr. MCHUGH) and the gen- able woman, and she fully merits this FATTAH), for giving this its consider- tleman from Pennsylvania (Mr. kind of recognition. I would certainly ation. FATTAH) each will control 20 minutes. urge my colleagues to support this bill, This is a great American. She em- The Chair recognizes the gentleman H.R. 2357, and place the name upon the bodies the American experience, spe- from New York (Mr. MCHUGH). post office in Shaker Heights of which cifically the black experience, worked Mr. McHUGH. Mr. Speaker, I yield all of us, not just the people from that on her hands and her knees so her two myself as much time as I may con- community and the State of Ohio, but boys who lost their father when they sume. all of us as Americans can be very, were infants could get an education Mr. Speaker, the bill before us, H.R. very proud. She is a dedicated mother and be somebody. God almighty, if that 2357, was introduced by the distin- and, as I said, a very remarkable is not worthy of this designation, I do guished gentleman from Ohio (Mr. woman. not know what is, because those two TRAFICANT) on June 24 of this year. Mr. Speaker, I reserve the balance of boys just did not get an education, Again, it has been cosponsored by the my time. they educated America and the world. H9838 CONGRESSIONAL RECORD — HOUSE October 12, 1999 I would like to put across the RECORD markable mother, because Louis stokes is achieve greatness. I am proud to be a co- a couple quotes, humble words from a truly a remarkable man. sponsor of H.R. 2357, a bill to designate the humble American. One of them, she Working with him was like playing in the Post Office at Warrensville Center Road, said, ‘‘There are three principles in our band with Duke Ellington. A master of the leg- Shaker Heights, OH, with her name. life: religion, education, and hard islative process, he knew every agency and Mr. KUCINICH. Mr. Speaker, it is a great work.’’ She said, ‘‘By God, my boys every program and how to make his points pleasure to honor Mrs. Louise Stokes by des- better learn that.’’ with quiet dignity and piercing logic. His focus ignating the Louise Stokes Post Office Build- Another thing she said that im- was squarely on insuring that the government ing. Louise Stokes was a great American. She pressed me very much is she said, ‘‘Yes, treated people fairly and that it help lift up raised two sons; one son became a U.S. Con- it is true I had to work on my hands those who had fallen behind. On issue after gressman, and one son became a mayor. and knees, but that made me all the issue, from environmental justice in EPA, to Mrs. Louise Stokes had three themes that more determined that my boys would fair housing and focused community develop- guided her life: religion, education, and hard get an education and would have a bet- ment in HUD, to aid to HBCU and minority work. She lived her principles and she im- ter life than me.’’ scholarships in the National Science Founda- parted these guiding principles to her two She later said the boys are there to tion, to science programs to build competence sons. do their share. They helped with clean- and get youngsters interested in math and The lives of Mrs. Louise Stokes' two sons ing and outside tasks, and they did physics in NASA . . . I could go on and on. represent an enduring tribute to her supreme chores just like I did when I was raised Louis Stokes left his mark on every single pro- love and care. The careers of Carl and Lou on the farm. She said they also had a gram, bar none. His importance to the African- Stokes show that America's progress as a na- paper route, and they did errands to American community cannot be exaggerated. tion is measured not by what we do for the help them get some spending money. Louis Stokes' mother, Louise Cinthy Stone strong, but what we do for the weak; not by She says then later in a quote, ‘‘To Stokes, was born October 27, 1895, in Wrons, what we do for the haves, but what we do for teach them responsibility when they GA. She was the eighth of 11 children of Rev- the have-nots. Throughout their careers, Carl start making money, I made them pay erend William and Fannie Stone. She was Stokes and Lou Stokes fought for voting room rent, not because I wanted that raised on the family farm where she did the rights, civil rights, education rights, and hous- room rent, I wanted them to learn the chores that were part of that life and time. ing rights. responsibility, the value of hard work, Sunday school and church were a main part Somehwere in America, there is a child liv- and nothing comes easy.’’ of their lives. ing in adverse circumstance, maybe not even But what is not written in that quote Louise moved to Cleveland, OH, in 1918. It having a home. Maybe they are just sitting on is she saved every penny those two sons was here she met Charles Louis Stokes, a a stoop marking the time, wondering if things gave her and put it towards their edu- laundry worker, and they were married July are ever going to get better in their life, be- cation. Yes, I guess it is about Carl. I 21, 1923. From their union two fine sons were cause things are very tough right now. Now, guess it is about Louis. I think it is born; Louis and Carl. The young husband died that person in America today could be black, about a great American woman, Louise early in their marriage, when the boys were 2 could be brown, could be yellow, could be Stokes, and it is fitting this post office years and 13 months, respectively. Louise's white. And when he or she is sitting there and be named for her. widowed mother came to live with her to look feeling low, feeling down, wondering what is Mr. FATTAH. Mr. Speaker, I thank after her family while she worked. going to come and if things could ever get bet- the gentleman from Ohio (Mr. TRAFI- Three principles guided the Stone and ter with their life, they could think about two CANT). With his permission, I ask unan- Stokes families: Religion must be central in a young African-American childrenÐCarl and imous consent that the humorous ref- person's life; education is the way to come up Louis StokesÐwho were born in poverty, who erence to junkets by former and and go places, and the value of hard work. lived in public housing, who, through the grace present Members be revised in his re- Whenever she talked of her 40 years as a do- of God and a mother who worked for them, marks. mestic worker, she would say, ``I had to work were able to move through the ranks, come to The SPEAKER pro tempore. Is there with my hands and this made me all the more power, reach the pinnacle, make American objection to the request of the gen- concerned that my sons get the kind of edu- history, and through it all they always remem- tleman from Pennsylvania? cation I didn't have.'' bered where they came from. There was no objection. Mrs. Stokes raised her sons in Cleveland I stand here with a great deal of humility, to public housing on meager earnings. When join in honoring Mrs. Louise Stokes for her life, b 1530 times were too difficult during the Depression, her accomplishments, her legacy, and her Mr. FATTAH. Mr. Speaker, not hav- the family had to go on federal assistance. sons. It is fitting to honor her by designating ing any further speakers, I yield back She often recalled the $25 a month and said, the Louise Stokes Post Office Building. the balance of my time. `` . . . that wasn't even rent money.'' Whenever Ms. JACKSON-LEE of Texas. Mr. Speaker, Mr. McHUGH. Mr. Speaker, I yield Mrs. Stokes spoke about the family days, she I rise in support of H.R. 2357. This bill des- myself such time as I may consume. said it was a case of everyone doing his ignates the post office located at 3675 Mr. Speaker, I do not have any fur- share. The boys helped with the cleaning and Warrensville Center Road in Shaker Heights, ther requests for time. I am not sure outside tasks. They also had a paper route Ohio as the ``Louise Stokes Post Office.'' that any of us could add to the passion and did errands to earn spending money. She Louise Stokes in the mother of former Rep- and eloquence and I think very fitting recalled, ``When the boys got their first jobs, I resentative Louis Stokes and the late Carl comments of the gentleman from Ohio required a certain amount of their earnings as Stokes, the first black mayor of a major U.S. (Mr. TRAFICANT). room rent. I wanted them to feel some respon- city and former ambassador to Seychelles. If the actions of a truly remarkable sibility for their home.'' What she didn't tell Louise Stokes, born on October 27, 1895, in woman such as this do not constitute them is that she saved the money as a nest Wrens, Georgia moved to Cleveland, Ohio in what is a great American, I am not egg for them. Further evidence of the wisdom 1918 where she met and married Charles sure we know otherwise. So this is a of a loving mother at work. Louis Stokes in 1923. Louise's husband died truly fitting naming bill, and I would She always told her sons, ``Get an edu- early in their marriage, However, Mrs. Stokes urge all of our colleagues to support it. cationÐget something in your head so that was intent on ensuring that her children were Mrs. MEEK of Florida. Mr. Speaker, I am you don't' have to work with your hands like provided for. She always told her son ``get an pleased to join my colleagues in honoring Lou- I do.'' The Stokes men did as mother told education''Ðget something in your head so ise Cinthy Stone Stokes, the mother of two them. Louis graduated from Case Western you don't have to work with your hands like I great men, the late Carl Stokes, Ambassador Reserve and Cleveland Marshall Law School, do.'' to Seychelles, and our former colleagues, served as a civil rights attorney and became The Stokes' boys followed their mother's ad- Representative Louis Stokes. in 1968 the first black Congressman from the vice. Both boys graduated from college and I had the honor of serving with Louis Stokes State of Ohio. Carl Stokes graduated from went on to law school. Louis Stokes served as on the VA±HUD Appropriations Subcommittee, Marshall Law School, in 1968 became the first a civil rights attorney and in 1968 became the where he was the ranking Democrat and for- black mayor of a major U.S. city and later a first black Congressman to serve from the merly chairmanÐas well as the first African- U.S. ambassador. State of Ohio. Carl Stokes became the first American on the Appropriations Committee. I Louise Stokes' love and devotion to her black mayor of a major U.S. city and later a know that Louise Stokes must have been a re- sons gave them a strong foundation to U.S. ambassador. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9839 Louise Stokes in the ultimate example of league from California, former Rep- from Pennsylvania (Chairman GOOD- how a mother's love can positively impact her resentative Augustus F. Hawkins. LING) and the gentleman from Missouri children and change the lives of millions of I would note, Mr. Speaker, that if (Mr. CLAY), the ranking member who people. Mr. Speaker, I would like to thank my some of this sounds familiar, it is sim- served in leadership positions on Gus colleague from Ohio, Mr. TRAFICANT for intro- ply because the House in fact consid- Hawkins’s former committee, the Com- ducing the bill and urge my colleagues to give ered and overwhelmingly passed this mittee on Education and Labor, as it their full support for its passage. bill during its deliberations last year. was named then. Mr. MCHUGH. Mr. Speaker, I yield Unfortunately, and in no way sugges- These are gentlemen who, like Chair- back the balance of my time. tive of the merits of the bill, the legis- man Hawkins, have dedicated a great The SPEAKER pro tempore (Mr. lative calendar in the other body did deal of their work to education and em- STEARNS). The question is on the mo- not permit them sufficient time to con- ployment issues. It is appropriate that tion offered by the gentleman from sider it. So we are here again today at- Gus Hawkins be acknowledged, and in New York (Mr. MCHUGH) that the tempting to rectify that occurrence. this way the California delegation and House suspend the rules and pass the For that I want to commend the gen- particularly the prime sponsor of this bill, H.R. 2357. tlewoman from California (Ms. have offered the House this oppor- The question was taken; and (two- MILLENDER-MCDONALD) for her tenac- tunity. thirds having voted in favor thereof) ity and for recognizing that what was His work is acknowledged I think by the rules were suspended and the bill good and owing last year remains so a lot of people, but many of the people was passed. this year, and for the cooperative effort who have been helped by his work may A motion to reconsider was laid on of the gentleman from Pennsylvania never know his name. the table. (Mr. FATTAH) and all the members of We were together for the 25th anni- f the Committee on Government Reform versary of the Pell Grant bill, which he for once more bringing this House the helped move through. I went to college GENERAL LEAVE opportunity to vote on a very worthy on a Pell Grant, and so have tens of Mr. MCHUGH. Mr. Speaker, I ask naming bill. millions of other young people bene- unanimous consent that all Members The history of Gus Hawkins I suspect fited from his efforts in this regard. So may have 5 legislative days within in this body is well-known from his I am pleased to support this measure. which to revise and extend their re- birth in Louisiana and his movement Mr. Speaker, I yield such time as she marks on H.R. 2357. with his parents to California in 1918 may consume to the gentlewoman from The SPEAKER pro tempore. Is there when he was just 11 years old, a recipi- California (Ms. MILLENDER-MCDONALD), objection to the request of the gen- ent of his AB from the University of the prime sponsor of this measure. tleman from New York? California in 1931, with a major in eco- Ms. MILLENDER-MCDONALD. Mr. There was no objection. nomics, and later his graduation from Speaker, I would like to thank the gen- tleman from New York (Chairman f the University of Southern California in 1932. MCHUGH) for, again, his leadership in AUGUSTUS F. HAWKINS POST After working in the real estate busi- bringing this bill to the floor and my OFFICE BUILDING ness, he was elected to the California dear friend and colleague, the gen- Mr. MCHUGH. Mr. Speaker, I move to State Assembly, where he served from tleman from Pennsylvania (Mr. suspend the rules and pass the bill 1934 to 1963, and later elected to the FATTAH), for his leadership in helping (H.R. 643) to redesignate the Federal 88th Congress and to 13 succeeding Con- to bring this bill to the floor. building located at 10301 South Comp- gresses running from 1963 to 1991. Mr. Speaker, we are talking about a ton Avenue, in Los Angeles, California, Simply put, Mr. Speaker, Gus Haw- man who spent 56 years in public serv- and known as the Watts Finance Of- kins served his constituents of the ice, a man who should have recognition fice, as the ‘‘Augustus F. Hawkins Post Watts area of Los Angeles for 48 years in an area that he worked so hard to Office Building’’. in elective office, 28 years in the Cali- bring about a quality of life in the area The Clerk read as follows: fornia State Assembly, and 20 years in of Watts. I am pleased to stand here as the House of Representatives. he listens to me in his home to pay H.R. 643 He became known at that time for homage to this great man, this educa- Be it enacted by the Senate and House of Rep- the Humphrey-Hawkins Act, a bill to tor, this leader of our country. resentatives of the United States of America in reduce unemployment, move ahead in Mr. Speaker, I rise in yielding and Congress assembled, job training and employment opportu- paying tribute to my dear friend and a SECTION 1. REDESIGNATION. nities for all Americans. He served in former member of the House by renam- The Federal building located at 10301 this body on various committees and, ing the Federal building located at South Compton Avenue, in Los Angeles, 10301 South Compton Avenue in the California, and known as the Watts Finance in fact, rose to be a leader in this Office, shall be known and designated as the House on many issues that were impor- Watts area of Los Angeles, known as ‘‘Augustus F. Hawkins Post Office Building’’. tant certainly to the people that he the Watts Finance Office, the Augustus SEC. 2. REFERENCES. represented but more so to the people F. Hawkins Post Office Building. Any reference in a law, map, regulation, of this country. Mr. Speaker, H.R. 643 enjoys the bi- document, paper, or other record of the We have had the opportunity in the partisan support of the entire Cali- United States to the Federal building re- past, Mr. Speaker, to honor our former fornia delegation, Congressman Haw- ferred to in section 1 shall be deemed to be colleagues with this naming for their kins’ former colleagues, and complete a reference to the ‘‘Augustus F. Hawkins community service and in this in- support of the U.S. Senate. Post Office Building’’. stance, of course, the service to their Mr. Speaker, the Washington Post The SPEAKER pro tempore. Pursu- country. once called Gus Hawkins one of the ant to the rule, the gentleman from Certainly, as happened on this House most famous unknown men of our day. New York (Mr. MCHUGH) and the gen- floor last year, I would again urge my However, many of us knew him as a tleman from Pennsylvania (Mr. colleagues to unanimously support this quiet fighter for racial justice, social FATTAH) each will control 20 minutes. bill and designate a naming for a very, equality, and education for minorities, The Chair recognizes the gentleman very worthy American and a great women, and children. from New York (Mr. MCHUGH). former colleague, Gus Hawkins. I can recall when I came to this floor Mr. MCHUGH. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of to be sworn in, Gus Hawkins was sit- myself such time as I may consume. my time. ting right here on this floor with me, Mr. Speaker, I am pleased to bring Mr. FATTAH. Mr. Speaker, I yield and he wanted me to so much get on before the House H.R. 643, a bill, as was myself such time as I may consume. the education committee because for noted, that was indeed introduced by Mr. Speaker, I rise in support of this years he and I had worked together in our colleague, the gentlewoman from measure. the Los Angeles Unified School Dis- California (Ms. MILLENDER-MCDONALD), Mr. Speaker, let me say that, on the trict on education and on helping honoring the very distinguished col- floor today, we have the gentleman youngsters in the Watts area and in H9840 CONGRESSIONAL RECORD — HOUSE October 12, 1999 other deprived areas of getting a qual- complishments, because it established pie, and I supplied her with the Good- ity education. a real blueprint for moving this coun- ling apples in order to make that apple While I could not go on this edu- try ahead in job training and employ- pie even better. cation committee, I really do appre- ment, the foundation to every other Truly it is fitting that we honor a ciate the support that he has given me policy and an area that Gus Hawkins great gentleman like Gus Hawkins. and indeed the support he has given firmly believed that we had to have job Mr. MCHUGH. Mr. Speaker, I yield youngsters throughout this Nation in training and quality education for myself such time as I may consume. trying to bring a quality education to quality employment. I would only state that I think as the those who otherwise would not have Throughout his remarkable career in gentlewoman from California (Ms. had that. public service, Gus has championed the MILLENDER-MCDONALD) has persist- Gus committed his life to serving rights of children, the poor, the elder- ently now for 2 years in a row and as others, and his 56 years of public serv- ly, the working people, and minorities. we heard here today very eloquently ice spanned a period that included the But the one thing that is so noble stated, along with the gentleman from Great Depression, World War II, about this man, he never forgot who he Pennsylvania (Mr. GOODLING), that this McCarthyism, both the Korean and was and where he came from. Nor did is a very, very worthy recipient of this Vietnam wars, the civil rights move- he forget the people whom he served. designation. I would certainly urge all ment, and the war on poverty. He wit- It is only fitting that we rise to pay of our colleagues to join us in sup- nessed an assassination of a President tribute to him by redesignating this porting it. and the impeachment of another. Federal building located in Watts. As Ms. JACKSON-LEE of Texas. Mr. Speaker, He was born in Shreveport, Lou- my friend, the gentleman from Penn- I rise in support of H.R. 643, a bill that would isiana, in 1907. When he was 11, he and sylvania (Mr. FATTAH) said, a lot of designate the Federal building located on his family moved to Los Angeles to es- children may not get to know him, but 10301 South Compton Avenue in Los Ange- cape the racial discrimination that was they will see his name on a building in les, California, currently known as the Watts prevalent in the South at that time. the area that he solely wanted to make Finance Office, as the ``Augustus F. Hawkins His legislative career began in Califor- a better quality of life for all folk. Post Office Building.'' nia’s State Assembly, where he served This Federal building will be located Augustus Hawkins, a former member of this for 28 years and was often the legisla- at 10301 South Compton Avenue in the body for many years was born in Shreveport, ture’s only black member. His record Watts area of Los Angeles, and it will Louisiana in 1907. When he was 11 years old, in Sacramento included the passage of be known as the Gus Hawkins Post Of- he and his family moved to Los Angeles to es- the State’s first law against discrimi- fice Building. cape the racial discrimination that was preva- nation in housing and employment. He also carried successful State leg- I would like to again thank all of my lent in the South. It is those experiences that islation concerning minimum wage and colleagues of the California delegation impacted heavily upon his life and prompted wages for women, child care centers, and all of the cosponsors, which were him to enter a life of public service. Workers’ Compensation for domestic all the members of the California dele- Augustus Hawkins' career began in the Cali- employees, and the removal of racial gation, as well as other Members of fornia Assembly where he served for 28 years discrimination on State documents. this body, for this legislation and for and was often the legislature's only black This is the type of man he was. joining me in a bipartisan fashion to member. His record in Sacramento includes After his remarkable tenure in the pay tribute to a great man, a great the passage of the State's first law against State Assembly of California, Gus was American, a man who will want to be discrimination in housing and employment. elected and sworn as a Member of this remembered by his friends and col- After his remarkable tenure in the Assembly, body in the 88th Congress in 1962. He leagues alike as someone who simply Gus was elected and sworn in as a Member served as chairman of the Joint Com- loved children. But he not only loved of the 88th Congress in 1962. He served as mittee on Printing in the 97th Con- children, he loved the State of Cali- Chairman of the Joint Committee on Printing gress, the Joint Committee in the 97th fornia; the State that he was born in, in the 97th Congress, the Joint Committee in Congress, as well as the Committee on Louisiana; and, of course, he loved this the 97th Congress, as well as the Committee House Administration in that same country. on House Administration in the 97th and 98th Congress. And he served in the 98th The Honorable Augustus F. Hawkins, Congresses before serving as Chairman of the Congress as well on that committee be- distinguished Member of the United Committee on Education and Labor in the fore serving as chairman of the Com- States House of Representatives, de- 101st Congress. mittee on Education and Labor in the serves no less. Mr. Speaker, I commend my colleague Rep- 101st Congress. b 1545 resentative MILLENDER-MCDONALD for intro- By and large, Mr. Speaker, Gus Haw- ducing this bill and urge its passage. kins was known by his colleagues as a Mr. FATTAH. Mr. Speaker, I have no Mr. MCHUGH. Mr. Speaker, I have no hard working, trustworthy, low-key further requests for time, and I yield further requests for time, and I yield legislator who concentrated on issues back the balance of my time. back the balance of my time. of importance to his district, which in- Mr. McHUGH. Mr. Speaker, I yield 3 The SPEAKER pro tempore (Mr. cluded the Watts area. minutes to the gentleman from Penn- STEARNS). The question is on the mo- He preferred to do his work behind sylvania (Mr. GOODLING) who has ex- tion offered by the gentleman from the scenes and let others capture the pressed, I think, a very understandable New York (Mr. MCHUGH) that the headlines. He is the author of more interest in this, a gentleman who House suspend the rules and pass the than 17 Federal laws, including the served with the designee. bill, H.R. 643. Full Employment and Balanced Mr. GOODLING. Mr. Speaker, I The question was taken; and (two- Growth Act; Title VII of the Civil thank the gentleman for yielding me thirds having voted in favor thereof) Rights Act, establishing the Equal Em- this time. the rules were suspended and the bill ployment Opportunity Commission; Mr. Speaker, never has a finer gen- was passed. the Job Training Partnership Act; the tleman entered the halls of the House A motion to reconsider was laid on School Improvement Act, which re- of Representatives than Gus Hawkins. the table. wrote virtually all major elementary He was, and is, a perfect gentleman. I f and secondary education programs; and had the privilege and the learning ex- GENERAL LEAVE the Civil Rights Restoration Act. perience of sitting beside him as the In 1978, he coauthored and passed the ranking member while he was chair- Mr. MCHUGH. Mr. Speaker, I ask Humphrey-Hawkins Full Employment man of our committee. My wife and I unanimous consent that all Members Act, which pledged Federal Govern- had the opportunity on numerous occa- may have 5 legislative days in which to ment efforts to reduce unemployment sions to travel with Gus and Elsie, revise and extend their remarks on by four percent by 1983 if the private something that we truly enjoyed. Elsie H.R. 643, the bill just passed. sector failed to do so. learned a long time ago that to get to The SPEAKER pro tempore. Is there The Humphrey-Hawkins can be seen Gus’s heart, you go through his stom- objection to the request of the gen- as Gus’s great effort, legislative ac- ach with some of her homemade apple tleman from New York? October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9841 There was no objection. Stokes, as someone who had a profound Mr. Speaker, I yield back the balance f effect on America and someone who ex- of my time. emplifies what we think constitutes a Mr. MCHUGH. Mr. Speaker, I yield JOHN K. RAFFERTY HAMILTON good and wholesome life as a citizen of myself such time as I may consume. POST OFFICE BUILDING this great country. Certainly from the Let me respond to the very, I think, Mr. MCHUGH. Mr. Speaker, I move to information that I have seen on Mr. appropriate and certainly gracious suspend the rules and pass the bill Rafferty from the comments and sub- comments by the ranking member. I (H.R. 1374) to designate the United missions by the gentleman from New think these designations are worthy of States Post Office building located at Jersey, in fact, Mr. Rafferty is a great this House floor. Certainly the coopera- 680 State Highway 130 in Hamilton, American, someone who perhaps is not tive effort that he and the members on New Jersey, as the ‘‘John K. Rafferty read about in the national newspapers his side bring to these kinds of initia- Hamilton Post Office Building,’’ as or heard often about in the national tives very clearly underscores that. It amended. news broadcasts but nevertheless a has been both a pleasure and an honor The Clerk read as follows: man who every day wakes up and to work with him. As he noted, we have H.R. 1374 thinks of one thing first beyond his much work before us that we are look- Be it enacted by the Senate and House of Rep- family and his loved ones and, that is, ing forward to on other endeavors. We resentatives of the United States of America in service to his community, simply will be back indeed. Congress assembled, working to try to make today a little Mr. Speaker, I am pleased to yield SECTION 1. DESIGNATION OF JOHN K. RAFFERTY bit better than yesterday and hopefully such time as he may consume to the HAMILTON POST OFFICE BUILDING. gentleman from New Jersey (Mr. tomorrow a little bit better than The United States Post Office building lo- SMITH), the primary sponsor on this cated at 680 U.S. Highway 130 in Hamilton, today. That is a great American. I want to thank the gentleman from bill. New Jersey, shall be known and designated Mr. SMITH of New Jersey. Mr. New Jersey for his leadership on this as the ‘‘John K. Rafferty Hamilton Post Of- Speaker, I want to thank my good issue. As with all of the naming bills, fice Building’’. friend the chairman from New York for again my deep appreciation to the gen- SEC. 2. REFERENCES. yielding me this time and thank the tleman from Pennsylvania (Mr. Any reference in a law, regulation, map, ranking member from Pennsylvania for document, paper, or other record of the FATTAH), the ranking member, for not his very kind remarks about all of United States to the United States Post Of- just his cooperation and support but fice building referred to in section 1 shall be those great individuals being honored for his leadership as well. today but also and especially for Mayor deemed to be a reference to the ‘‘John K. Mr. Speaker, I reserve the balance of Rafferty Hamilton Post Office Building’’. Rafferty from Hamilton Township. my time. Mr. Speaker, as a member of Con- The SPEAKER pro tempore. Pursu- Mr. FATTAH. Mr. Speaker, I yield gress for the past 19 years, I believe ant to the rule, the gentleman from myself such time as I may consume. I there is no one in the entire State of New York (Mr. MCHUGH) and the gen- rise in support of H.R. 1374. New Jersey more deserving of recogni- tleman from Pennsylvania (Mr. First of all I want to thank the gen- tion and praise than Jack Rafferty, a FATTAH) each will control 20 minutes. tleman from New York (Mr. MCHUGH) dedicated mayor, community leader, The Chair recognizes the gentleman who serves as the majority chair. The humanitarian and family man. from New York (Mr. MCHUGH). Subcommittee on Postal Service has Thus, Mr. Speaker, I am privileged to Mr. McHUGH. Mr. Speaker, I yield had a great deal of responsibility over recommend passage of H.R. 1374, co- myself such time as I may consume. the course of this session. First, of sponsored, as the gentleman pointed Mr. Speaker, this represents the course, the oversight of the largest out, by the entire New Jersey delega- fifth, final but certainly not the least postal service anywhere in the world tion, a bill to designate the U.S. postal of the proposed naming bills that we and the finest, some 800,000 employees building located at 680 U.S. Highway will have before us today. Indeed, I on a whole range of issues. Our com- 130 in Hamilton Township, New Jersey think this whole House owes the gen- mittee has dealt with postal reform in as the ‘‘John K. Rafferty Hamilton tleman from New Jersey (Mr. SMITH) a macro. We have been working here Post Office Building.’’ Mayor Rafferty, debt of gratitude for bringing to us more recently on the whole issue of who will be retiring from office in the what in looking over the life of John K. fraudulent solicitation for sweepstakes next few months, has served the people Rafferty is certainly someone who is in a bill that we hope to have consid- of Hamilton with extraordinary dis- totally fitting for this kind of honor. ered on the floor very soon. tinction and honor as their mayor The gentleman from New Jersey Some might think for the Congress since 1976, and for 6 years prior to that brought this bill to the committee on to take time to honor individuals by time, he served on the Township Com- April 12 of this year and, as with all of naming post offices is some type of mittee. Additionally, in 1986 and in the other naming bills, it does bear the work that perhaps we could do in a dif- 1987, Jack Rafferty served in the New cosponsorship of the entire delegation ferent fashion, but I think that for this Jersey State Assembly from the 14th here in the House from the great State body, the Congress, to take the time to District. of New Jersey. I do not want to under- honor a mayor of a town in New Jer- It is worth noting, Mr. Speaker, that cut the sponsor’s comments here in a sey, a widow who raised her children, in 1996, Jack Rafferty was inducted moment, I know that he will have a saw one rise to be a Member of the into the New Jersey Mayors’ Hall of great deal to say about Mr. Rafferty, Congress and another the mayor of a Fame. In 1997, the next year, the New but suffice it to say that he served his big city, to honor a Republican from Jersey Conference of Mayors selected community for more than 30 years. He Kansas and a Democrat from California him as the Mayor of the Year, another first worked on the Hamilton Com- and a baseball great is appropriate for well-deserved accolade and honor. Dur- mittee for 6 years and then became this House, to take and pause a ing his 30 years of dedicated public Hamilton’s first full-time mayor, serv- minute, because this country is made service, Mayor Rafferty has always ing continuously since 1976. In fact, Mr. up of individuals who helped make us been committed to the residents of Rafferty intends to retire from the of- what it is that makes the rest of the Hamilton Township for whom he has fice of mayor early next year at the world want to have some small part of worked tirelessly and effectively. His completion of this term. the ideals that are represented here in caring and commitment to the people As we have heard today both in the America represented in their lives. of Hamilton never wavered during that bills that have been proposed and some I want to thank the majority chair- service. of the comments, we would like to man for facilitating these bills coming Mr. Speaker, Hamilton is a very think that these post office designa- to the floor. I would like to say we will large community. It is comprised of ap- tions are extended to great Americans. be back, I am sure, with other legisla- proximately 90,000 people, covering 39 We heard earlier the gentleman from tion that will deal with some of these square miles. Amazingly, Jack knows Ohio speaking, I thought, very force- other matters, but today I think it is just about everybody in town and, sig- fully about the very appropriate nature important that these were brought for- nificantly, he has always treated ev- of the designation to Mrs. Louise ward. eryone, friend, acquaintance, stranger, H9842 CONGRESSIONAL RECORD — HOUSE October 12, 1999 even political opponents, with respect mass transit, he never forgot the life- that I would simply urge all of our col- and dignity. He has always had a kind enhancing advantages that open space leagues to join with the ranking mem- word for everybody and nobody has a and recreation bring to a community. ber and myself and all of the com- better sense of humor than Jack Hamilton now operates several major mittee members in sponsoring the gen- Rafferty. parks, along with 25 baseball fields, 19 tleman from New Jersey’s very worthy Mr. Speaker, as Hamilton’s first full- soccer fields, 38 tennis courts, 41 bas- initiative. time mayor, Jack has blazed a trail un- ketball courts and 39 neighborhood Mr. TIAHRT. Mr. Speaker, I am pleased to surpassed in accomplishment while he playgrounds to serve its residents. Vet- be an original co-sponsor of H.R. 2591, legis- significantly improved the quality of erans Park itself contains the State’s lation designating the United States Post Of- life in the township, making it an ex- largest municipal playground and the fice located on Elm Street in Wakefield, Kan- ample for other communities in New largest public tennis facility and it is sas, as the ``William H. Avery Post Office''. Let Jersey and around the country. And he the site of the annual SeptemberFest me commend Congressman MORAN for spon- always did it with style, good humor celebration to which over 100,000 people soring this legislation which is an appropriate and class. Jack Rafferty was a mayor a year visit to enjoy the community of honor well deserved by the recipient. ahead of his time. In fact he was forg- Hamilton. These things do not happen Mr. Speaker, my wife Vicki and I have en- ing ahead with action items like pre- by accident. They are the result of joyed our friendship with Governor Avery over serving open space years before other careful planning and careful execution. the past several years, and we are both ex- politicians discovered the benefit of We have our mayor to thank for it. cited that this honor is being bestowed upon this enlightened initiative. Keeping Hamilton beautiful, bursting a great public servant and good friend who Almost everywhere you look in Ham- with trees, shrubs and flowers and fos- has always placed the people of the great ilton Township, you will recognize tering a high standard of living has State of Kansas first. Jack Rafferty’s legacy and handiwork. been another Jack Rafferty hallmark. When I think about the tremendous reputa- From Hamilton’s 310-acre Veterans Hamilton has planted 4,000 shade trees tion Governor Avery still enjoys, I think about Park, which Mayor Rafferty made a re- since Mayor Rafferty took office and the moniker given to a past politician: The ality soon after being elected, to the the township continues to plant about Happy Warrior. You cannot talk to Bill without botanical beauty of Sayen Gardens, 300 per year. Overall, Hamilton now has feeling his zest for life and his indomitable Hamilton today is an oasis in New Jer- 3,500 acres of parkland. The infrastruc- spirit. It is not unusual to see Governor Avery sey, a place set apart, a wonderful com- ture and open space improvements at an event in Kansas, shaking hands, kissing munity to live and to raise a family. babies and talking about the latest Republican Mr. Speaker, like other lawmakers at made by Mayor Rafferty have sparked strategy. Sometimes a few of us in this es- the County, State, and Federal level, I important nonpolluting commercial teemed Body get tired and frustrated. At those have worked very closely with Mayor growth and provide for a diverse and moments I think of Governor Avery, his quick Rafferty for years on joint Federal and stable economy in Hamilton. smile, his knowing wink, his kind words, his local project initiatives to improve b 1600 all-encompassing heart. Always smiling, al- Hamilton’s enviable quality of life. Along with serving as Hamilton’s These initiatives include his deter- ways moving, always hopeful of the future, but mayor, Jack has always found the time respectful of the past. Governor Avery is truly mined effort to establish a single post- to be active in numerous civic associa- al identity for his community to unite Kansas's Happy Warrior. tions as well, the township’s VFW post, Mr. Speaker I realize that at times the floor its various neighborhoods. In 1992, the Knights of Columbus, the YMCA, Mayor Rafferty accomplished this goal of the House can be partisan, and with your and the Grange Society. Mayor when the U.S. Postal Service finally indulgence I am going to add to that partisan Rafferty also served as president of the recognized Hamilton as the name to be flame, just a bit. There is one memory I will al- New Jersey Conference of Mayors from used when addressing letters to people ways cherish, and it occurred in January of 1984 to 1986, and as I indicated earlier, and businesses. Mr. Speaker, that is 1995. I was a new Member of Congress, full was the conference Mayor of the Year why it is so fitting to name this postal of hope, a little overwhelmed, and flush antici- in 1997. facility on Route 130 in Hamilton after pation of the job ahead. Mayor Rafferty received more awards the mayor, if it were not for Jack, this I had some friends and family in my office than time permits me to mention on postal identity, like scores of other and in came Governor Avery. He came up to the floor today during his service to things, would never have become a re- me and shook my hand, and told me why he Hamilton, but just to name a few: the ality. had traveled back to D.C. You see Governor Most recently, Jack worked to bring Young Mens Christian Association Man Avery is also appropriately called Congress- a Northeast Corridor line train station of the Year in 1992, the Boy Scouts of man Avery. He served in this House from to Hamilton. During the dedication America Distinguished Citizen Award 1955±1965. He related to me that when he ceremony for the station, Mayor in 1996, and Project Freedom’s Angel won his election in 1954, he thought he would Rafferty spoke with pride about meet- Award in 1998. be entering a Republican Congress, but he ing the needs of the growing number of Mr. Speaker, finally just let me say soon learned that the Democrats had regained commuters who live in our area, not that I have known Jack Rafferty and the majority. Congressman Avery was des- just in Hamilton but in surrounding his wife Doris and their children, tined to serve all his tenure in the minority. He communities as well, and he also Megan and Daniel, for many years. always felt a little jilted by history, and that is talked about the big landscaped hedge They have been and are today a great why he wanted to be on the floor of the U.S. sign along the Northeast Corridor first family. They are caring people. House when the gavel passed. At that mo- route that lets people know that they They epitomize what is good and hon- ment I realized how fortunate I really was to are in Hamilton Township. Quite lit- orable about public service, and they be entrusted with a job representing the erally, he put Hamilton on the map. are class personified. Fourth Congressional District of Kansas, and I Mayor Rafferty worked hard, effec- As mayor, Jack will be missed, but realized just how historic a shift in Congress tively and with a can-do type of vision always appreciated. I believe that des- can be. to develop Hamilton’s infrastructure, ignating the post office on Route 130 as Mr. Speaker, I hope Governor Avery is en- including its award-winning water pol- the John K. Rafferty Hamilton Post Of- joying the beautiful Autumn evening back lution control system which has at- fice is the least that our citizens can do home in Wakefield, Kansas. I want to thank tracted ecology students and teachers to say ‘‘thank you’’ to someone who him for all his words of inspiration, his dedica- from universities along with officials has done so much for so many. tion and his enduring attitude. When the his- from other municipalities. He knows Mr. MCHUGH. Mr. Speaker, I have no tory of Kansas is written, it will be as kind to that a well-built, forward-thinking and further requests for time but yield my- Governor Avery as he has been to anyone properly maintained infrastructure is self such time as I may consume. who has had the good fortune to know him. the key to balancing development, en- Mr. Speaker, I cannot imagine any Mr. Speaker, I am honored to be able to call vironmental protection and local pros- way in which I can add to the elo- Governor Avery my friend and to help recog- perity. quence and the depth of the very appro- nize him this day for the many accomplish- While Mayor Rafferty realized the priate comments by the gentleman ments he has provided the people of Kansas importance of roads, highways, and from New Jersey (Mr. SMITH), and with and this great country. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9843

Mr. MCHUGH. Mr. Speaker, I yield spend to receive Federal dollars and comply fore our committee and then to the back the balance of my time. with requirements, it also does not reflect floor of the House. It is difficult for me The SPEAKER pro tempore (Mr. what portion of the Federal dollars allocated to think of what could be more non- to school districts is spent on students in the STEARNS). The question is on the mo- controversial than Congress recog- classroom; tion offered by the gentleman from Whereas American students are not per- nizing the importance of sending dol- New York (Mr. MCHUGH) that the forming up to their full academic potential, lars directly to the classroom. We want House suspend the rules and pass the despite significant Federal education initia- to make sure every tax dollar we spend bill, H.R. 1374, as amended. tives, which span multiple Federal agencies; on education makes a real difference in The question was taken; and (two- Whereas according to the Digest of Edu- the life of a child. thirds having voted in favor thereof) cation Statistics, during the 1995–96 school Specifically, the Dollars to the Class- the rules were suspended and the bill, year only 54 percent of $278,965,657,000 spent room resolution calls on the U.S. De- as amended, was passed. on elementary and secondary education was spent on ‘‘instruction’’; partment of Education to work with The title of the bill was amended so Whereas according to the National Center States and local school districts to en- as to read: ‘‘A bill to designate the for Education Statistics, in 1996, only 52 per- sure that 95 percent of funds for ele- United States Post Office building lo- cent of staff employed in public elementary mentary and secondary education are cated at 680 U.S. Highway 130 in Ham- and secondary school systems were teachers; spent to improve the academic achieve- ilton, New Jersey, as the ‘John K. Whereas according to the latest data avail- ment of our children in their class- Rafferty Hamilton Post Office Build- able from the General Accounting Office, in rooms. The United States spends twice ing.’.’’ fiscal year 1993, Federal education dollars as much; I repeat, the United States A motion to reconsider was laid on funded 13,397 full-time equivalent positions in State educational agencies; spends twice as much as any other the table. Whereas in fiscal year 1998, the Depart- country to administer education. f ment of Education’s paperwork and data re- Too much is spent on bureaucracy at porting requirements totaled 40,000,000 ‘‘bur- GENERAL LEAVE all levels of government. We need to do den hours,’’ which is the equivalent of 19,300 our part to make sure that Federal dol- Mr. MCHUGH. Mr. Speaker, I ask people working 40 hours a week for 1 full lars do not enable bureaucracies at unanimous consent that all Members year; State and local levels to grow even Whereas too much of our Federal edu- may be granted 5 legislative days in larger. We know very little about what which to revise and extend their re- cation funding is spent on bureaucracy, spe- cial interests, and ineffective programs, and proportion of Federal dollars are spent marks on H.R. 1374, bill just passed. too little is effectively spent on our Nation’s in the classroom. The Department of The SPEAKER pro tempore. Is there youth; Education says 84 percent. Others say objection to the request of the gen- Whereas getting 95 percent of all Federal even less. But we do not need to argue tleman from New York? elementary and secondary education funds about the exact number. There was no objection. to the classroom could provide substantial The evidence of bureaucracy taking f additional funding per classroom across the away resources from the classrooms United States; SENSE OF THE HOUSE URGING 95 Whereas more education funding should be are plentiful. For example, more than PERCENT OF FEDERAL EDU- put in the hands of someone in a child’s 13,000 employees are funded with Fed- CATION DOLLARS BE SPENT IN classroom who knows the child’s name; eral dollars and State education agen- THE CLASSROOM Whereas burdensome regulations, require- cies to administer Federal programs. It ments, and mandates should be removed so would take 20,000 full-time employees a Mr. GOODLING. Mr. Speaker, I move that school districts can devote more re- year to fill out all of the paperwork to suspend the rules and agree to the sources to children in classrooms; and produced by the Department of Edu- resolution (H.Res. 303) expressing the Whereas President Clinton has stated: ‘‘We cation. In just the Elementary and Sec- sense of the House of Representatives cannot ask the American people to spend more on education until we do a better job ondary Education Act there are more urging that 95 percent of Federal edu- than 60 programs. Overall there are cation dollars be spent in the class- with the money we’ve got now.’’: Now, there- fore, be it more than 760 education programs. room, as amended. Resolved, That the House of Representa- I think we can all agree that Con- The Clerk read as follows: tives urges the Department of Education, gress should be about the business of H. RES. 303 States, and local educational agencies to empowering parents and teachers to do Whereas effective teaching begins by help- work together to ensure that not less than 95 percent of all funds appropriated for the pur- their jobs as effectively as possible, ing children master basic academics, holding pose of carrying out elementary and sec- and that means giving them the re- children to high standards, using effective, ondary education programs administered by sources to educate children as effec- scientifically based methods of instruction the Department of Education is spent to im- in the classroom, engaging and involving tively as possible. It is time to trans- prove the academic achievement of our chil- parents, creating safe and orderly class- form the Federal rule to make it stu- dren in their classrooms. rooms, and getting dollars to the classroom; dent centered, not program centered, Whereas our Nation’s children deserve an The SPEAKER pro tempore. Pursu- to make it results centered rather than educational system that provides opportuni- ant to the rule, the gentleman from process centered. At the end of the day ties to excel; Pennsylvania (Mr. GOODLING) and the what is more important is how these Whereas States and localities must spend a gentleman from Missouri (Mr. CLAY) programs are working to improve stu- significant amount of education tax dollars each will control 20 minutes. dent achievement. We want to make applying for and administering Federal edu- The Chair recognizes the gentleman sure that every tax dollar counts and cation dollars; from Pennsylvania (Mr. GOODLING). Whereas the administrative costs of the goes to helping children learn. We Mr. GOODLING. Mr. Speaker, I yield think this is best accomplished by United States are twice the average of other myself such time as I may consume. countries in the Organization for Economic moving resources to the people who do I believe it is important that we go Cooperation and Development (OECD); help children learn, parents and class- Whereas it is unknown exactly what per- about the work of reauthorizing the El- ementary and Secondary Education room teachers. centage of Federal education dollars reaches Mr. Speaker, I reserve the balance of the classroom, but according to the Depart- Act and also appropriating funds for ment of Education, in 1998, 84 percent of the education, that Congress renews its my time. Department’s elementary and secondary edu- commitment to the principle that edu- Mr. CLAY. Mr. Speaker, I yield my- cation dollars were allocated to local edu- cation dollars are most effectively self such time as I may consume. cational agencies and used for instruction spent in the classroom. Mr. Speaker, all of us agree that it is and instructional support; Two years ago the Dollars to the important to send the vast majority of Whereas the remainder of the Depart- Classroom resolution was overwhelm- education dollars to the classroom. In ment’s dollars was allocated to States, uni- fact, that is exactly what the Federal versities, national programs, and other serv- ingly supported by this chamber by a ice providers; vote of 310 to 99. This resolution is a Government is doing right now accord- Whereas the total spent by the Department resolution that the gentleman from ing to the new report by the GAO. On for elementary and secondary education does Pennsylvania (Mr. PITTS) has been tre- September 30, GAO released an anal- not take into account what States must mendously influential in bringing be- ysis of the top 10 education programs H9844 CONGRESSIONAL RECORD — HOUSE October 12, 1999 and found that the Department of Edu- I could read more, but that is the into the classroom, and our kids de- cation distributed over 99 percent of quote used in the resolution. serve to be the prime beneficiaries of the money to the States. Also he mentioned the local adminis- Federal funding. This resolution calls The States, in turn, distributed an trators not complaining. Let me give on Federal, State, and local agencies to average of 94 percent of the funds they my colleagues a quote from my school ensure that 95 percent of the funds are received to local school districts. Far superintendent when he came to used for classroom activities and serv- from the bureaucratic nightmare of present testimony before the Com- ices. wasted Federal dollars repeatedly al- mittee on Education and the Work- What could this mean for our kids? leged by some in the Republican major- force. He said, ‘‘The direct funding of First, it would signal an important sys- ity, GAO found that States used their dollars for classroom teachers’ use temic shift in how Federal education funds on providing technical assistance would put the money in the hands of dollars can be delivered to our Nation’s to local educational agencies, to pro- the people who would make the dif- schools. It could mean more books, fessional development for teachers, to ference in districts like ours. Who bet- more textbooks. I have had students program evaluation and to curricula ter to decide what is needed in his or from my district share that their text- development. her classroom than the teacher.’’ books are in some cases older than Mr. Speaker, GAO also surveyed local Another one Dr. Linder Shingo, a su- their teachers. In the words of an school administrators in nine rep- perintendent from Georgia: ‘‘Adminis- eighth grader who was here last year resentative school districts and made trators from Washington will never and who spoke, he said quote, ‘‘Our ge- the following emphatic conclusion, and meet the needs of individual children. I ography books are from the 1980s. A lot I quote: ‘‘We found that State staffs cast my vote for returning as many has happened in the world since then. spent very little time administering dollars directly to the local schools as Instead of calling the books Geography the programs and that district office we are able. Less bureaucracy on all Today, they should be called Geog- staff also generally spent little time levels would allow more dollars to di- raphy of the World 15 years ago,’’ end administering them,’’ end of quote. rectly reach the students in the class- quote. Mr. Speaker, it is quite ironic that room.’’ b 1615 this GAO study was not requested by In addition, one of the administra- Democrats, but by the majority, Re- tors said they do not even bother ap- That is a pretty astute comment for publican majority. Now I suspect that plying for the Federal funds because of an eighth grader. More dollars to the some of those who requested this study the administrative requirements and classroom could also mean more teach- were hoping that it would be a hit job the costs to them in the local level and ers, more teacher aides. This money on the Department of Education. In- the paperwork and the procedure nec- could be used for teachers’ salaries. stead, it confirms what we have said all essary to apply for the Federal funds. More dollars to the classroom could along. The Department of Education But, Mr. Speaker, let me go ahead mean new computers, computer soft- spends less than 1 percent of funds on and say that I rise in support, strong ware, even microscopes so that stu- administration. support, of the Dollars to the Class- dents have new opportunities of dis- So I hope that this new GAO report room resolution today, an effort on covery in science and physics and will stop those who would falsely which we have been working for a cou- mathematics. demagogue the administration of the ple of years to ensure that our Federal It is a little-known fact that most Department of Education programs. We elementary and secondary education public schoolteachers now dip into want solutions, not false and empty dollars get to where they belong, in the their own pockets to provide supplies resolutions. The majority’s funding classroom of our public schools where for their classrooms, sometimes spend- plan for education is in shambles. We teachers who know a child’s name has ing hundreds and even thousands of should get on with finishing the reau- some control over the money. dollars a year. Yet, consider this fact: thorization of the Elementary and Sec- Overall not a lot, a high percentage according to the General Accounting ondary Education Act instead of wast- of our schools’ funding is from the Fed- Office study in fiscal year 1993, Federal ing time on this blatant effort to un- eral Government. Most of it is State education dollars funded 13,397 full- dermine public support for Federal and local government funds, but about time equivalent positions in State edu- education spending. 6 to 7 percent does come from the Fed- cation agencies. In fiscal year 1998, the Mr. Speaker, I reserve the balance of eral Government, and this is about in a Department of Education’s paperwork my time. day of tightening tax dollars the need and data reporting requirements to- Mr. GOODLING. Mr. Speaker, I yield for more efficient and effective use of taled 40 million of what they call bur- such time as he may consume to the our tax dollars. Currently, as I men- den hours, which is the equivalent of gentleman from Pennsylvania (Mr. tioned, it is estimated and depending 19,300 people working 40 hours a week PITTS), who has worked so hard that on the programs some more some less, for one full year. this money does get down, in spite of but it is estimated from between 65 to If we are honestly going to discuss what we just heard, to the classroom 86 percent of the Federal education dol- our priorities in Federal funding of ele- teacher. lars make it to the classroom for edu- mentary and secondary education, we Mr. PITTS. Mr. Speaker, first I want cational purposes. must ask why so much funding goes to to commend the gentleman from Penn- Regardless of the exact amount, that the bureaucracy instead of going right sylvania (Mr. GOODLING) for his leader- is not enough. It is no secret that funds to the kids in the classroom. With the ship and support on behalf of this reso- designated for the education of our dollars to the classroom resolution, we lution and all education reform. I just kids are wasted when they are not fun- aim to put priority back on our kids. want to mention first of all, in re- neled down to the level where they can This is a goal on which we all can sponse to the gentleman from Missouri actually play a supportive role in class- agree. We should vote for the Dollars who cited a GAO report, that he did not room activities, and instead they are to the Classroom resolution, recog- continue reading from the report. I often funneled off by bureaucracies at nizing that local schools, not bureauc- have a copy of it here. Let me continue all levels. The importance of this Dol- racies, are best suited to make deci- reading what he failed to read: lars to the Classroom resolution today sions about allocating resources. They ‘‘After saying that collectively the is that we should set a standard to re- understand their students’ back- States distributed 94 percent of the duce bureaucratic and ineffective grounds, their needs; they can respond Federal funds they received mainly to spending. We should work to get more to them most directly with proven local agencies,’’ it continues, ‘‘exclud- money into the local classroom. We methods of instructions. We should ing the $7.3 billion Title I program, one should prioritize the way we spend our trust the parents and our teachers and of the largest elementary secondary education tax dollars and put children our public schools to use money to education programs. The overall per- first. meet their unique needs. Vote for the centage of funds States allocated to This is about the kids. This is for dollars to the classroom resolution. local agencies by the remaining 9 pro- them. We must get the dollars down to Mr. Speaker, I yield back the balance grams was 86 percent.’’ where they benefit, where the action is, of my time. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9845 Mr. CLAY. Mr. Speaker, I yield my- gives somebody a 30-second political Mr. GOODLING. Mr. Speaker, I yield self such time as I may consume. soundbite that they can use in some myself such time as I may consume. I Mr. Speaker, I am at a loss to under- way to enhance themselves in saying guess I should ask to have my state- stand why the gentleman would ex- this is what we do for education. I rise ment brought back to me, because I clude Title I from factoring in the ad- in opposition to this resolution because cut out all that nonsense political par- ministrative costs when it is the larg- it is a nonbinding resolution to begin tisanship that was written into it, but est education program in the country, with, and although it urges the Depart- maybe after hearing all of this non- $8 billion. And when we factor in the ment of Education, the Federal Depart- sense, I should bring it back and read ESEA to Title I funding, my figures are ment of Education, the States and that too. Obviously, some people have correct. Ninety-nine percent of the local educational agencies to strive to not read the resolution, because the Federal money goes to the States, and ensure that 95 percent of all Federal resolution very specifically says that 94 percent of that goes to the class- funds appropriated for educational pro- the Federal Secretary should work room. grams are spent to improve academic with State and local officials to bring The problem the gentleman from achievement in the classroom, let me this about. Pennsylvania has is with his State tell my colleagues that in those local Mr. Speaker, I yield 2 minutes to the agency. IDEA, when we send Federal school districts where the bulk of the gentleman from Michigan (Mr. HOEK- money to the State, the State keeps 25 money comes from, they are doing ex- STRA), and I ask unanimous consent percent of it instead of sending it on to actly that. They are trying to spend that he control our time from this the LEAs or the local LEAs or to the that money in a way that they can point on. classroom. When the national average guarantee the academic achievement The SPEAKER pro tempore (Mr. for that money is 13.5 percent, what is in the classroom of these young chil- STEARNS). Is there objection to the re- the State of Pennsylvania doing with dren, contrary to what my friends on quest of the gentleman from Pennsyl- the other 13.5 percent, the other 12.5 the other side of the aisle say. vania? percent? That is where his problem is, While it is a nice sentiment, I must There was no objection. and that is where he ought to be trying express my dismay that we are wast- Mr. HOEKSTRA. Mr. Speaker, I to get the State legislature to do some- ing, as the chairman said, valuable thank the chairman for yielding me thing about that. time on the floor on this resolution this time and applaud the chairman for Mr. Speaker, I yield 4 minutes to the when we could be doing so many other the work that over the years he has gentleman from California (Mr. MAR- things that are more important such as done on education. I also thank the TINEZ). providing monies for classroom con- chairman for the opportunity that he (Mr. MARTINEZ asked and was given struction in the local schools, some- provided me over the last couple of permission to revise and extend his re- thing that we have been refusing to do years to take our subcommittee around marks.) which would go a long way in helping the country and hold a series of hear- Mr. MARTINEZ. Mr. Speaker, I have these kids achieve academic fulfill- ings that we entitled education at a to agree with the ranking member, the ment. We are about 2 weeks into the crossroads. gentleman from Missouri (Mr. CLAY). As we went around the country, as The problem is not here in the Federal fiscal year, and we only have about we heard from governors, as we heard Government because the Federal Gov- nine of the 13 annual appropriations from local officials, we did hear about ernment does send most of the money bills, including the educational appro- the Federal money that goes to the to the local States and school districts, priations bill, still outstanding. If the Republicans call for the Fed- local level, that goes to the State level. it is the local States’ and school dis- eral Government to shut down next We consistently heard about the money tricts’ options to do with that money week, no Federal money will be going what they will. In fact, there is a con- that comes to the local level, the to those classrooms where they want 95 tradiction here. They are saying 95 per- money that goes to the State level and cent goes to the classroom when in percent to go. In addition, as the gen- how Federal strings are tied to that fact, more than 95 percent goes to the tleman from Missouri (Mr. CLAY) money. Not necessarily consuming dol- classroom already, 99 percent goes. The pointed out, according to a recent lars in Washington, but consuming lots fact is, with this resolution one would study that they ordered by GAO that of dollars at the State and local level, think we are opting to give the locals was done at the request of the gen- either in applying for the programs, the discretion to use more than the 1 tleman from Pennsylvania (Mr. GOOD- finding out what programs existed, or percent they are using now for admin- LING) and the gentleman from Michi- meeting the reporting requirements of istration and use the 5 percent for ad- gan (Mr. HOEKSTRA) and the gentleman the various education programs. ministration, so in actuality, the reso- from Pennsylvania (Mr. PITTS), 95 per- So the requests from the States, the lution is counteracting what they are cent of all of the Federal education requests from the local agencies and professing to do. dollars are already being spent on im- the local departments of education But more than that, the gentleman proving that academic achievement. was, send us the money, free us from referred to the GAO study and the GAO So here we are today, wasting time the mandates, free us from the paper- study, in actually looking at the on a resolution that does not do any- work, give us a system that allows us schools, it says, in the context of the thing because it is nonbinding, urging to focus on educating our kids, free us government as it prepares to consider the Department and the States and the up so that we can focus on meeting the the reauthorization, and they asked to districts to do something that they educational needs of our local commu- determine how the educational pro- have already been doing for a good nities and our local schools. And that, grams and the administration money number of years. We in the Congress in the bigger sense, is what dollars to was used for, and the final thing it have a tendency to contradict and let the classroom is about. It is saying says, we selected nine school districts us say over and over again to the pub- that number one, we want to target to ensure that the districts were of lic school districts that they are not Federal education dollars to the States varying sizes, were located in different doing what they should be doing in and to the local levels, eliminating bu- parts of the country, and represented a educating their children. There may be reaucracy. mix of urban, suburban, and rural dis- public school districts in some places But the larger component of dollars tricts; and their conclusion was, in vis- that need a lot of improvement. But to the classroom encourages the Sec- iting the nine schools of the Nation’s the fact of the matter is, 95 percent of retary to take a look at the total pic- 16,000 school districts, they found that all of the people that sit in this cham- ture of the costs that we are imposing the school level staff spent very little ber and 95 percent of all of our staff are on States and local agencies where we time administering the programs and products of the public schools. If the are not spending Federal dollars, but their district office staff, which also public schools are so bad, then how did where we are spending local and State generally spent very little time admin- we all get here. I say we ought to let dollars to meet Federal requirements. istering the programs. the locals do as they know best as they We need to endorse the direction of Mr. Speaker, I hate to be here on the say so many times and take our nose this approach; this is a good proposal, floor wrangling about something that out of their business. and I urge my colleagues to vote for it. H9846 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Mr. CLAY. Mr. Speaker, I yield 5 to be discussing. In my State of New into compliance with ADA, which minutes to the gentleman from New Jersey, children today in over 50 means it is cheaper to tear it down and Jersey (Mr. ANDREWS). schools went to schools that are more build another one than it is to renovate (Mr. ANDREWS asked and was given than 100 years old. Children went to to make it a better building. permission to revise and extend his re- 1,000 that were more than 50 years old The things we do here in Washington, marks.) that are falling apart, yet the majority while well-intended, have a strangle- Mr. ANDREWS. Mr. Speaker, I rise in has not seen fit to bring a school con- hold on our schools. A special edu- opposition to this resolution. If this struction bill to this floor. My col- cation student that is profoundly af- was a debate about military policy, leagues may disagree in the majority fected still has an education plan that this would be like us ignoring the Peo- with school construction, but, Mr. is six pounds that a teacher has to use. ple’s Republic of China and declaring Speaker, let us bring it to the floor and There are only two pages they actually war on the British Virgin Islands. have an honest debate and a vote. use for that student, but there are six We are here today to discuss a prob- b 1630 pounds to cover themselves from law- lem that has largely been solved; at the suits that come from the Federal level. same time, we are ignoring some very We are discussing the issue of class Mr. Speaker, I rise today in strong real problems in America’s classrooms. size reduction. There are children support of House Resolution 303, which The chairman of the committee and going to kindergarten, first and second urges that 95 cents of every Federal the distinguished subcommittee chair- grade, in schools with 36 and 37 chil- education dollar be spent in the class- man wrote to the General Accounting dren. They can learn successfully, but room. I am a cosponsor of this impor- Office who calls them as they see them. every valid piece of educational re- tant resolution because I believe it sets And they said, we have heard all of search we know says that children tend forth the vision that many of us have these concerns that too many dollars to do better when they are in with 17 or for education in this country, a vision are being kept in Washington and spent 18 children in the primary grades. in America where all children are by the Washington bureaucrats and not Bring to the floor legislation that will achieving their fullest potential be- getting back to the classroom. Tell us fund, not just talk about but fund, a cause they are taught by well-trained what the facts are. And the GAO did a class size reduction. teachers in disciplined classrooms study of it and the GAO came to this The majority’s Committee on Appro- filled with educational resources. conclusion: in fiscal year 1996, the De- priations is apparently about to pro- Our children’s education is most se- partment of Education distributed over pose an across-the-board cut in the cure when the dollars and decisions are 99 percent of its appropriations for the Labor-HHS appropriation bills that controlled back home by parents and 10 programs to the States, the States will cut across-the-board Title I, IDEA, teachers and local school districts. in turn collectively distributed 94 per- Perkins, Safe and Drug-Free Schools, Spending 95 cents of every Federal dol- cent of that money to the local dis- Goals 2000, School-to-Work, Eisen- lar in the classroom is a worthy and at- tricts. hower, Innovative Education, bilin- tainable goal to improve education in Then we hear that, well, all the gual, Even Start, and all the rest. So our country. Our students deserve to money is really being spent by the they want 95 percent of a smaller num- have the money that we are setting local districts in filling out papers and ber, I would guess. aside for them actually work for them complying with all of these rules. The Mr. Speaker, this is a well-inten- in the classroom. GAO sent investigators to nine school tioned amendment, but it talks about a The statistics that we hear here by districts, they did in-depth evaluation problem that largely has already been whatever government agency are a far and discussion with the personnel in solved. I would suggest that we get to cry from what teachers and principals those districts and here is what they work solving one that really exists. Let and people are telling us back home. concluded: this is not the Democratic us put our workers to work in this Let us take our hands off of it and let Party concluding this or the Repub- country building and repairing schools, the system work. Let teachers teach lican Party concluding this, this is the let us put qualified teachers in every and principals take care of their GAO, which I think has, as their motto classroom, and let us put ourselves to schools. is on the front page, a reputation for work on the real issues of education. Mr. CLAY. Mr. Speaker, I yield my- dependability and integrity, and here is Mr. HOEKSTRA. Mr. Speaker, I yield self such time as I may consume. what they said: we found that school 21⁄2 minutes to my colleague, the gen- Mr. Speaker, I am still having trou- level staff spent very little time ad- tleman from South Carolina (Mr. ble understanding this non-debate ministering the programs and the dis- DEMINT). about this non-educational issue. The trict office staff also generally spend Mr. DEMINT. Mr. Speaker, I am real very people who requested the GAO to little time administering them. curious about the facts and statistics study the problem and the allegations So it seems to me that we are here that we just heard, because I have been they are making claim that they do discussing, in large part, a problem in about 20 schools over the last couple not like what they hear. Well, they that exists only in the minds of the of months, and what I have heard does asked this independent body to report, majority. Title I, less than 1 percent of not bear up to teachers who even yes- to study and report. Now, when the the funds spent in Washington. IDEA, terday were telling me that they were body reports back, they say they do less than 1 percent of the funds spent spending so much of their time dealing not believe it or they do not like it or in Washington. The Perkins loan pro- with paperwork. they do not understand it. gram, nothing spent in Washington. In Ohio, it is estimated that 50 per- I do not understand what this issue is Safe and drug-free schools which the cent of the paperwork burden was gen- about. We know that the vast majority majority tried to eliminate a few years erated by Federal education programs, of funds from the Federal and State ago, less than 1 percent spent in Wash- though the Federal resources provided level go into the classroom. I think it ington. Goals 2000, that terrible Fed- only 5 percent of the funding. In Ari- is a political issue that they have eral takeover of our schools that they zona, Lisa Graham Keegan, the State hyped up and it is backfiring on them, resisted so violently, less than 1 per- superintendent for public construction, because all credible evidence shows cent spent in Washington. The school- says that while the Federal programs that the money is going into the class- to-work program, maybe we should only account for 6 percent of the edu- room, so it is a non-issue. This is a take a look at this, 7 percent spent in cation spending in the State, 45 percent non-debate. Washington, 93 in the States; the Ei- of the staff in the State Department of Mr. Speaker, I yield back the balance senhower program, less than 1 percent Education work with or manage Fed- of my time. spent in Washington. Innovative edu- eral programs. Mr. HOEKSTRA. Mr. Speaker, I yield cation, nothing spent in Washington, I was in a dilapidated school yester- 2 minutes to the gentleman from Penn- bilingual education, 1 percent; Even day that would like to renovate, but sylvania (Mr. Pitts), the sponsor of the Start, 1 percent. they cannot because of Federal regs. If resolution. Now, I say to my colleagues, there they touch one bit of that building, Mr. PITTS. Mr. Speaker, first of all, are some real problems that we ought they have to bring the whole building it is never a waste of time to talk October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9847 about the money spent on our kids, use education funds are made by locally elect- which to revise and extend their re- educating our kids in the classroom. ed school boards, with input from parents, marks on House Resolution 303. As far as the statistics, reading from educators and students. The SPEAKER pro tempore. Is there the gentleman’s own report, he says They don't need Washington, DC telling objection to the request of the gen- that 99 percent, and I will read the them where to spend their money! tleman from Michigan? same sentence, it does not say ‘‘to the Every community in my district already There was no objection. classroom,’’ it says, ‘‘distributed over spends the majority of its education funds in f 99 percent of the appropriations from the classroom. FATHER THEODORE M. HESBURGH the 10 programs to the States.’’ It does But, sometimes a community needs to CONGRESSIONAL GOLD MEDAL not say ‘‘to the classrooms.’’ spend funds in other ways, such as teacher ACT Now, if we read down lower on that training activities, educational technology or Mr. BACHUS. Mr. Speaker, I move to page, page 3, it says if we exclude Title coordinated services. suspend the rules and pass the bill I, which is the most efficient program, No matter how much money we spend in (H.R. 1932) to authorize the President and look at the other nine, we have an the classroom, children must come to school to award a gold medal on behalf of the average of 86 percent in those nine pro- ready to learn; teachers need to advance their Congress to Father Theodore M. grams. So from the gentleman’s own skills; and students should have the benefit of Hesburgh, in recognition of his out- report, and if the gentleman will look modern educational technology. standing and enduring contributions to on page 10, it graphs each one as far as We have always relied on parents, edu- civil rights, higher education, the what is the administrative cost of the cators and local community leaders to make Catholic Church, the Nation, and the States, the States’ use. If we just dis- local education decisions. I urge my col- global community. regard the Federal use and look at the leagues to show their trust in the folks back The Clerk read as follows: State agencies on page 10, only two home by voting against H. Res. 303. H.R. 1932 programs meet the 5 percent or below. Mr. PACKARD. Mr. Speaker, I would like to Be it enacted by the Senate and House of Rep- All the rest are above. That is just urge my colleagues to support H. Res. 303, a resentatives of the United States of America in what the State administrative costs resolution which urges that 95 cents of every Congress assembled, are, not the local administrative costs. federal education dollar be send back to SECTION 1. SHORT TITLE. Our resolution states, ‘‘The local where they belongÐin the hands of parents This Act may be cited as the ‘‘Father education agencies should work to- and teachers. The Dollars to the Classroom Theodore M. Hesburgh Congressional Gold gether to ensure that not less than 95 Resolution, H. Res. 303, calls on education Medal Act’’. percent of all funds appropriated for agencies at all levels to ensure that 95 per- SEC. 2. FINDINGS. the purpose of carrying out elementary cent of federal spending for elementary and The Congress finds that— (1) Father Theodore M. Hesburgh, C.S.C., and secondary education programs ad- secondary education programs makes it into has made outstanding and enduring con- ministered by the Department of edu- the classrooms of this country. tributions to American society through his cation is spent to improve the aca- The Dollars to the Classroom Resolution activities in civil rights, higher education, demic achievement of our children in recognizes the fact that learning takes place in the Catholic Church, the Nation, and the their classroom.’’ a classroom, and thus student-focused ex- global community; So what we are talking about is what penditures on direct learning tools, such as (2) Father Hesburgh was a charter member is really important here. That is the books, computers, maps, and microscopes, of the United States Commission on Civil kids in the classroom. That is what should be prioritized. H. Res. 303 calls on Rights from its creation in 1957 and served as chairperson of the Commission from 1969 to this resolution is all about, how are we education agencies to work together to ensure 1972; going to impact the kids’ learning and that federal elementary and secondary appro- (3) Father Hesburgh was president of the give the equipment, the tools to the priations are put to use on instructional pur- University of Notre Dame from 1952 until teachers that directly impact the chil- poses for youth in classrooms. We must make 1987, and has been president emeritus since dren, give them the aid that directly a commitment to send more education dollars 1987; impacts their teaching so our kids can to schools, libraries, teachers, and studentsÐ (4) Father Hesburgh is a national and compete in this world. That is the goal not administrators and federal bureaucrats. international leader in higher education; of this resolution. I urge the Members The Dollars to the Classroom Resolution will (5) Father Hesburgh has been honored with the Elizabeth Ann Seton Award from the Na- to adopt it. require that 95 percent of federal education tional Catholic Education Association and Mr. HOEKSTRA. Mr. Speaker, I yield funds be used for classroom activities and with more than 130 honorary degrees; myself such time as I may consume. services. (6) Father Hesburgh served as co-chair- To close the debate, the direction Mr. Speaker, I urge my colleagues to give person of the nationally influential Knight that we are establishing for Federal in- teachers and parents the final authority over Commission on Intercollegiate Athletics and volvement for education is that we how education dollars are spentÐnot the fed- as chairperson, from 1994 to 1996, of the want to move towards safe and drug- eral governmentÐand support H. Res. 303. Board of Overseers of Harvard University; free schools. We want local schools Mr. HOEKSTRA. Mr. Speaker, I yield (7) Father Hesburgh served under President that focus on basic academics. We want back the balance of my time. Ford as a member of the Presidential Clem- ency Board, charged with deciding the fates local control, and we want to drive dol- The SPEAKER pro tempore (Mr. of persons committing offenses during the lars back to the classroom. That is STEARNS). The question is on the mo- Vietnam conflict; where we believe and that is where we tion offered by the gentleman from (8) Father Hesburgh served as chairman of know we have the most leverage on im- Pennsylvania (Mr. GOODLING) that the the board of the Overseas Development proving our kids’ education. House suspend the rules and agree to Council and in that capacity led fundraising This resolution states that. It says the resolution, House Resolution 303, efforts that averted mass starvation in Cam- that as a Federal Government, we are as amended. bodia in 1979 and 1980; committed to moving Federal dollars The question was taken. (9) Father Hesburgh served from 1979 to back to the local level, where we can 1981 as chairperson of the Select Commission Mr. HOEKSTRA. Mr. Speaker, on on Immigration and Refugee Policy, which have the most impact. I urge my col- that I demand the yeas and nays. made recommendations that served as the leagues to support this resolution. The yeas and nays were ordered. basis of congressional reform legislation en- Ms. WOOSLEY. Mr. Speaker, I'm amazed The SPEAKER pro tempore. Pursu- acted 5 years later; that my colleagues on the other side of the ant to clause 8 of rule XX and the (10) Father Hesburgh served as ambassador aisle are supporting legislation to tell local Chair’s prior announcement, further to the 1979 United Nations Conference on communities how they should spend their edu- proceedings on this motion will be Science and Technology for Development; cation dollars. postponed. and Education in America has always been a (11) Father Hesburgh has served the Catho- f lic Church in a variety of capacities, includ- local issue and I, for one, think it should stay GENERAL LEAVE ing his service from 1956 to 1970 as the per- local. manent Vatican representative to the Inter- In the communities which I represent in Mr. HOEKSTRA. Mr. Speaker, I ask national Atomic Energy Agency in Vienna Congress, Communities in Marin and Sonoma unanimous consent that all Members and his service as a member of the Holy County, California, the decisions on how to may have 5 legislative days within See’s delegation to the United Nations. H9848 CONGRESSIONAL RECORD — HOUSE October 12, 1999 SEC. 3. CONGRESSIONAL GOLD MEDAL. of Honor to a very worthy and out- for his leadership and that of the gen- (a) PRESENTATION AUTHORIZED.—The Presi- standing American. Father Hesburgh tlewoman from California (Ms. WA- dent is authorized to present, on behalf of was educated at Notre Dame and the TERS) and, of course, the gentleman the Congress, a gold medal of appropriate de- sign to Father Theodore M. Hesburgh in rec- Georgian University in Rome, for from Indiana (Mr. ROEMER), for bring- ognition of his outstanding and enduring which he received a bachelor of philos- ing this bill before us. contributions to civil rights, higher edu- ophy degree in 1939. He was ordained a The United States Congress rarely cation, the Catholic Church, the Nation, and priest by the congregation of the Holy authorizes gold medals. In this case, it the global community. Cross in Sacred Heart Basilica on the is choosing to do so for a man who (b) DESIGN AND STRIKING.—For purposes of Notre Dame campus June 24, 1943 by symbolizes the most profound of Amer- the presentation referred to in subsection ican values, a faith-based commitment (a), the Secretary of the Treasury (in this Bishop John F. Knoll of Fort Wayne. Act referred to as the ‘‘Secretary’’) shall Following his ordination, Father to civil rights, to quality education, to strike a gold medal with suitable emblems, Hesburgh continued his study of sacred peace and the processes needed to devices, and inscriptions, to be determined theology at the Catholic University of produce a more civil world. Father by the Secretary. America, Washington, D.C., receiving Hesburgh is a man of and for all sea- SEC. 4. DUPLICATE MEDALS. his doctorate in 1945. In 1952 he was sons. His life is worthy of admiration The Secretary may strike and sell dupli- named the 15th president of Notre and, more importantly, replication. He- cates in bronze of the gold medal struck pur- Dame, where he served until retiring in roes are many kinds, but if there is suant to section 3 under such regulations as 1987, ending the longest tenure among such a thing as a hero of faith, it is Fa- the Secretary may prescribe, at a price suffi- cient to cover the cost thereof, including active presidents of American institu- ther Hesburgh. He has ennobled his labor, materials, dies, use of machinery, and tions of higher learning. church, his university, his country. overhead expenses, and the cost of the gold Father Hesburgh has held 15 presi- With this Congressional Gold Medal, medal. dential appointments over the years, we honor his life and his contribution SEC. 5. NATIONAL MEDALS. most recently to the U.S. Institute for to our times. By so doing, we also pay The medals struck pursuant to this Act are Peace, and they involved him in vir- homage to the role of Catholic edu- national medals for purposes of chapter 51 of tually all of the major social issues: cation and church leadership in Amer- title 31, United States Code. civil rights, peaceful issues of atomic ica. SEC. 6. AUTHORIZATION OF APPROPRIATIONS; energy, campus unrest, and Third Mr. BACHUS. Mr. Speaker, I yield PROCEEDS OF SALE. (a) AUTHORIZATION OF APPROPRIATIONS.— World development, to name only a myself such time as I may consume. There is authorized to be charged against the few. Mr. Speaker, there are approximately Numismatic Public Enterprise Fund an His stature as an elder statesman in 230 Catholic institutions of higher edu- amount not to exceed $30,000 to pay for the American higher education is reflected cation in our country. There are 600,000 cost of the medal authorized by this Act. in his 133 honorary degrees, the most students enrolled in those institutions; (b) PROCEEDS OF SALE.—Amounts received ever awarded to any American. High- and, as I said, there is extraordinary from the sales of duplicate bronze medals variety in these institutions. They lit- under section 4 shall be deposited in the Nu- lighting a lengthy list of awards to Fa- mismatic Public Enterprise Fund. ther Hesburgh is the Medal of Freedom, erally are spread across the map of the United States. If one goes to Maine, The SPEAKER pro tempore. Pursu- the Nation’s highest civilian honor, be- one will find Saint Joseph’s College. If ant to the rule, the gentleman from stowed on him by president Lyndon JOHNSON in 1964. one goes to Honolulu, one will find Alabama (Mr. BACHUS) and the gentle- Notre Dame’s president emeritus has Chaminade University; if one goes to woman from California (Ms. WATERS) Florida, one will find Barry University; each will control 20 minutes. served four Popes, three as permanent The Chair recognizes the gentleman Vatican city representative to the St. Thomas in Miami. If one goes to Washington State, one will find Gon- from Alabama (Mr. BACHUS). International Atomic Energy Agency Mr. BACHUS. Mr. Speaker, I yield in Vienna from 1956 to 1970. zaga in Spokane; Seattle University in myself such time as I may consume. Justice has been the focus of many of Seattle, a tremendous number of these (Mr. BACHUS asked and was given his outside involvements. He was a institutions making a tremendous con- permission to revise and extend his re- charter member of the U.S. Commis- tribution. marks.) sion on Civil Rights, created in 1957, One of the premier institutions is Mr. BACHUS. Mr. Speaker, we are and he chaired the Commission from Notre Dame and it is the president of not only here to honor a great Amer- 1969 to 1972, when President Nixon re- that institution that we honor today. ican, a great university president, but placed him as chairman for his criti- Mr. Speaker, I reserve the balance of in doing that, this Congress is also sa- cism of the administration’s civil my time. luting and paying tribute to the Catho- rights record. Ms. WATERS. Mr. Speaker, I proudly lic higher education in America and its Among his more recent and visible yield such time as he may consume to significant contribution. off-campus activities has been as co- the gentleman from Indiana (Mr. ROE- Catholic universities and colleges chairman of the nationally-influential MER), the chief sponsor of the bill. constitute an extraordinary variety of Knight Commission on Intercollegiate (Mr. ROEMER asked and was given institutions. The high quality of the Athletics, and his involvement with permission to revise and extend his re- education they provide is well known the Center for Civil and Human Rights. marks.) Mr. ROEMER. Mr. Speaker, first of to most Americans, and the contribu- b 1645 tion they make to the life of this Na- all, we would not be here without the tion and the world is tremendously There are 292 cosponsors of this legis- strong bipartisan support of the Com- positive. So we not only salute a great lation, and, of course, it is led by my mittee on Banking and Financial Serv- American, but the gentleman from In- colleague and friend the gentleman ices that has jurisdiction over this diana, the chief sponsor of the bill, the from Indiana (Mr. ROEMER), who has issue. I want to thank the gentle- gentlewoman from California and I and done a magnificent job in helping to woman from California (Ms. WATERS) the entire Committee on Banking and organize and focus us on the fact that for her dedication and her commitment Financial Services in doing so wish to this human being has contributed so to bringing this bill honoring Father salute Catholic higher education in much we need to give him special rec- Hesburgh as a Holy Cross priest and America. ognition. the University of Notre Dame to the Mr. Speaker, I will be talking about Mr. BACHUS. Mr. Speaker, I yield 1 floor today. some of those great institutions as we minute to the gentleman from Iowa I want to thank the chairman, the consider this coin. (Mr. LEACH), the chairman of the Com- gentleman from Alabama (Mr. BACHUS) Mr. Speaker, I reserve the balance of mittee on Banking and Financial Serv- for his strong support and his commit- my time. ices. ment to Catholic education. I want to Ms. WATERS. Mr. Speaker, I yield Mr. LEACH. Mr. Speaker, I thank my thank the chairman, the gentleman myself such time as I may consume. distinguished friend, the gentleman from Iowa (Mr. LEACH), who just had Mr. Speaker, I rise in support of be- from Alabama (Mr. BACHUS) for yield- those eloquent words to say. I want to stowing the Congressional Gold Medal ing me this time, and also thank him thank the gentleman from New York October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9849 (Mr. LAFALCE), our ranking member. I mass starvation in Cambodia. He saved of Representatives, it has enjoyed strong bi- also want to thank the Members who thousands of lives with his commit- partisan support. Currently, my legislation is helped me get this resolution started. ment to try and prevent starvation and cosponsored by 292 of my colleagues. The gentleman from New York (Mr. trying to encourage more access to This bipartisan legislation recognizes Father KING) was very helpful, a Republican; food and relief around the world, espe- Hesburgh for his many outstanding contribu- the gentleman from Georgia (Mr. cially for Third World nations. He also tions to the United States and the global com- LEWIS), a Democrat; the gentleman has been strongly committed to higher munity. The bill authorizes the President to from Indiana (Mr. VISCLOSKY), a Demo- education, where he served for 35 years award a gold medal to Father Hesburgh on crat; the gentleman from Indiana (Mr. as the President of the University of behalf of the United States Congress, and it SOUDER), a Republican, those were the Notre Dame. also authorizes the U.S. Mint to strike and sell people that started talking about many When he came to Notre Dame, I duplicates to the public. of these issues, and with my good think some had said it was a very good The public service career of Father friend who served with Father school, with a great football team. Hesburgh, president emeritus of the University Hesburgh on the Civil Rights Commis- Well, today it is an internationally rec- of Notre Dame, is as distinguished as his sion, the gentleman from California ognized research and teaching institu- many educational contributions. Over the (Mr. HORN), who took the case to the tion that attracts the best students years, he has held 15 Presidential appoint- United States Congress to honor with and the best faculty and also, by the ments and he has remained a national leader distinction, with dedication, with in- way, still has a great football team. He in the fields of education, civil rights and the tegrity this great man and we now continues to emphasize the important development of the Third World. Highlighting a have 292 cosponsors on this bill. things such as moral and intellectual lengthy list of awards to Father Hesburgh is It is interesting, and I say to my col- dimensions and faith-based learning at the Medal of Freedom, our Nation's highest ci- leagues, about the history of the Con- the University of Notre Dame. vilian honor, bestowed on him by President gressional Gold Medal of Honor, that He also encourages the students at Lyndon Baines Johnson in 1964. we have awarded it initially and pri- the University of Notre Dame through Mr. Speaker, justice has been the primary marily to military leaders for their the center for social concerns to volun- focus of Father Hesburgh's pursuits through- bravery. We honored notables in teer in the local community and out his life. He was a charter member of the science and math, explorers and space around the United States, and globally U.S. Commission on Civil Rights, created by pioneers going up into the heavens. We in the world to help fight through vol- Congress in 1957 as a compromise to end a have honored athletes and we have unteerism to make a difference with filibuster in the U.S. Senate to prevent pas- honored authors and poets and we have their lives, not only at Notre Dame but sage of any and all legislation concerning civil honored humanitarians and public after they leave that institution. rights in general and voting rights in particular. servants. People such as George Wash- By the way, 80 percent of Notre Dame Father Hesburgh chaired the commission from ington, adorned right here on this wall; graduates have volunteered in some ca- 1969 to 1972, until President Nixon replaced John Paul Jones and Charles Lind- pacity before they graduate from the him as chairman because of his criticism of bergh; Thomas Edison and Jonas Salk University of Notre Dame. the Administration's civil rights record. Addi- garnered this high honor. Finally, the third area that Father tionally, Father Hesburgh was a member of What is so unusual about Father Hesburgh has devoted so much of his President Ford's Presidential Clemency Board, Hesburgh, what is so unique about life to, as a Catholic priest, as a CSC charged with deciding the fate of various what he brings to this award is not just priest and his religious beliefs, he has groups of Vietnam offenders. his devotion and passion for people and taught the value of volunteering. He In 1971, he joined the board of the Over- for equality and civil rights, it is not has stressed the issues of social justice, seas Development Council, a private organiza- just his dedication to public service or not just in South Bend, Indiana, not tion supporting interests of the under- his strong feelings about the impor- just in the United States but in Cam- developed world, and chaired it until 1982. tance of higher education and ethics bodia, in Africa, in the Middle East, During this time, he led fund-raising efforts and integrity and teaching those where he continues to be very involved that averted mass starvation in Cambodia in things at a Catholic University, but it in trying to gain peace and tolerance 1979±80. Between 1979±81 he also chaired is the three things that he has done there. the Select Commission on Immigration and with his life that we honor here today. Father Hesburgh, through fighting Refugee Policy, the recommendations of It is public service. It is devotion to for social justice, has always been am- which became the basis of Congressional re- higher education. It is passionate com- plifying the voice of the homeless, has form legislation five years later. In 1979, Fa- mitment to religion as a Holy Cross always been advocating the concern of ther Hesburgh was appointed Ambassador to priest. the poor and has always been trying to the United Nations Conference on Science Now, the gentlewoman from Cali- put a voice out there for those that are and Technology for DevelopmentÐthe first fornia (Ms. WATERS) and the gentleman voiceless and poor and not able to time a priest has served in a formal diplomatic from Iowa (Mr. LEACH) and others have lobby the government of the United role for the U.S. government. talked about these three areas. Let me States. He was involved during the 1980s in a pri- just spend a bit more time on each of So I have deep admiration for Father vate initiative which sought to unite inter- them. Hesburgh, and it is with great joy that nationally known scientists and world religious First of all, his dedication to public this bill, H.R. 1932, comes to the House leaders in condemning nuclear weapons. He service. He has held 15 different presi- Floor and that we recognize Father helped organize an 1982 meeting in Vatican dential appointments, and I think Hesburgh’s achievements over the City of 58 world class scientists, from East as among them, the most proud times many years. well as West, who called for the elimination of that I have spent with him at lunch In conclusion, Father Hesburgh prob- nuclear weapons and subsequently brought and dinner he has talked so passion- ably was a man for all seasons, a man together in Vienna leaders of six faith tradi- ately about his charter membership on of many causes, a man of deep devotion tions who endorsed the view of these sci- the U.S. Commission on Civil Rights to the Catholic church, a man of dedi- entists. and how he fought so diligently in the cation to higher education, a man of Father Hesburg stepped down as head of 1960s, with the Kennedy and the John- overwhelming commitment to public the University of Notre Dame in 1987, ending son administration, for the passage of service and to justice for all. the longest tenure among active presidents of the historic 1964 Civil Rights Act. That I thank this body for bringing this American institutions of higher learning. He is something that Father Hesburgh bill to the House Floor. continues in retirement as much as he did as continues to fight hard for and feels Mr. Speaker, I rise in strong support of the Nation's senior university chief executive passionately about those civil rights H.R. 1932, to award the Congressional Gold officerÐas a leading educator and humani- for each and every American. Medal to Rev. Theodore Hesburgh, C.S.C. tarian inspiring generations of students and He also joined, in 1971, the Board of Since I introduced this legislation with Rep- citizens, and generously sharing his wisdom in the Overseas Development Council; and resentatives PETER KING, JOHN LEWIS, PETE the struggle for the rights of man. he led fund-raising efforts on that VISCLOSKY, MARK SOUDER, ANNE NORTHUP During the period of unrest on American council in 1979 and 1980 that averted and 85 original cosponsors in the U.S. House campuses, a time when educational leaders H9850 CONGRESSIONAL RECORD — HOUSE October 12, 1999 were at a loss to understand or deal with the thank the leadership of the House and the ence is still there, not just in the inexplicable reactions of students, people like Committee on Banking for their support and bricks and mortar of the enormous li- Father Hesburg stepped forward to explain the efforts to expedite consideration of this bill. brary that is named after him, not just ethical purpose and goals of the campus: Mr. BACHUS. Mr. Speaker, there are the various programs that are named ``Education is essentially a work of the spiritÐ 24 Catholic colleges and universities in after him but as the gentleman from the formation of intelligence, the unending the State of New York and among Indiana (Mr. ROEMER) said, in the spirit search for knowledge. Why then be concerned them is Saint Francis College in of volunteerism that the students at with values? Because wisdom is more than Brooklyn. One of the original cospon- Notre Dame have accepted and have knowledge; man is more than his mind, and sors of this bill is a graduate not only taken from the Hesburgh tradition; the without values man may be intelligent but less of Saint Francis but also of Notre acknowledgment, the realization that than fully human.'' Dame. they have the obligation to go out and As a member of the U.S. Institute of Peace Mr. Speaker, I yield 21⁄2 minutes to work among their fellow men and Board is presently working to find solutions for the gentleman from New York (Mr. women, those who are not as fortunate Middle East tensions as well as those in East- KING). as they are, to use the abilities and tal- ern Europe. He recently participated in a fact- Mr. KING. Mr. Speaker, I thank the ents that were brought to fruition in finding trip to Kosovo with the U.S. Associa- gentleman for yielding, and I want to Notre Dame on behalf of those less for- tion for the U.N. High Commissioner for Refu- commend him for the outstanding tunate than themselves. work he has done in bringing this reso- gees, to view first-hand conditions facing refu- b 1700 gees in the aftermath of last spring's NATO lution to the floor. I also have to pay tremendous grati- bombing campaign and subsequent UN- So to present the Congressional Gold tude and express a great debt to the peacekeeping efforts. He met with senior Medal to Father Hesburgh, it is a great gentleman from Indiana (Mr. ROEMER) members of the UNHCR missions and con- moment for Congress, it is a great mo- for the absolutely tireless job he has ducted briefings with NATO, Red Cross and ment for Notre Dame, it is a great mo- done in procuring the signatures, of other officials in Pristina. They also traveled in ment for Father Hesburgh, it is a great working hard, of making the case of the countryside near Pristina to assess the re- moment for all of us who have had the just being relentless in making sure opportunity to know him, to work with building process. He recently collected his that this resolution went forward and 140th and 141st honorary degrees this year, him, to meet with him, and to realize he certainly has every reason to be that he is getting this recognition the most every bestowed upon one person, proud of himself for the great job he according to the Guinness Book of World which he so much deserves. I urge the has done. adoption of the resolution. Records. The latest came from the State Uni- Most importantly, Mr. Speaker, I am versity of New York and Connecticut College. Ms. WATERS. Mr. Speaker, I have no very proud to stand up and speak on speakers, and I yield back the balance I am personally grateful to Father Hesburg behalf of this resolution honoring Fa- for his friendship and guidance during my of my time. ther Hesburgh. Father Hesburgh is an Mr. BACHUS. Mr. Speaker, I yield years as a student at the University of Notre outstanding educator, an outstanding Dame. My family shares my gratitude. My myself such time as I may consume. religious leader, and an outstanding Mr. Speaker, we have several other grandfather, William Roemer, was a professor American. As the gentleman from Indi- speakers that wish to be heard. I also of philosophy during the early years of Father ana (Mr. ROEMER) and others have want to commend the gentleman from Hesburg's presidency, and my parents, Jim mentioned, he has done a truly mag- Indiana (Mr. ROEMER). and Mary Ann Roemer, also worked during his nificent job during the 35 years that he As I read this statement, I attribute tenure at the University. was president of the University of this to the gentleman from Indiana Mr. Speaker, I once asked Father Hesburg Notre Dame. I had the privilege of (Mr. ROEMER) and his hard work, and for advice about how to raise a happy healthy being a law student during the time that statement is that H.R. 1932 com- family with children. His reply was helpful, in- that he was the President of the uni- plies with all rules of the Committee sightful and advice I continue to follow today: versity and had firsthand knowledge of on Banking for coin and medal bills ``Love their mother.'' I strongly believe Father the tremendous impact he had on the and exceeds the requirement that two- Hesburg's response here was just one of campus, on all the schools, all its ef- thirds of the Members of the House many shining examples illustrating that his forts but most importantly of impart- sponsor the bill. contributions to family values in American so- ing to the students of Notre Dame the Mr. Speaker, I yield 3 minutes to the ciety are as numerous and meaningful as his obligation of the sense that they had to gentleman from California (Mr. HORN), devoted contributions to human rights, edu- make a difference, that they had to put former president of Long Beach State cation, the Catholic Church and the global into practice what they learned, that University, who worked with Father community. religion was not just something that Hesburgh. Mr. Speaker, the Congressional Gold Medal one spoke about in church but some- Mr. HORN. Mr. Speaker, I thank the has been awarded to individuals as diverse as thing that one lived every day of their gentleman from Alabama for the time. George Washington, Bob Hope, Joe Louis, the life in every endeavor in which one was I thank the gentleman from Indiana Wright Brothers, Robert Frost, and Mother Te- engaged. (Mr. ROEMER) for his legislation to resa. These people, along with 250 individuals Father Hesburgh did that. He did award a Congressional Gold Medal to a and the American Red Cross, share the com- that by his commitment to civil rights, very distinguished citizen. mon bond of outstanding and enduring con- by his commitment to justice, by his Father Theodore ‘‘Ted’’ Hesburgh is tributions to benefit mankind. Through the commitment to peace, and by his dedi- one of the great citizens of America award, Congress has expressed gratitude for cation to his country which is why he and the World. distinguishing contributions, dramatized the is such an outstanding American serv- He has served at the call of Presi- virtues of patriotism, and perpetuated the re- ing President after President on so dents of both parties. membrance of great events. This tradition, or many issues, always making himself He was an original member of the authorizing individually struck gold medals available to make this a better country United States Commission on Civil bearing the patriots of those so honored or im- and to make this a better world. Rights, appointed by President Eisen- ages of events in which they participated, is Certainly, as a religious leader, he re- hower in 1957. He served on that non- rich with history. alized the importance of using religion partisan commission through the presi- I believe that this is the most appropriate to bring people together, not to divide dency of John F. Kennedy and Lyndon time for Congress and the entire Nation to join them, of exemplifying the very best of Baines Johnson and the first term of me in recognizing this remarkable man and Christianity, of Catholicism, indeed of the presidency of President Richard M. living legend of freedom in America. I strongly all religions, in showing the one God Nixon. encourage my colleagues to support this bi- that binds us all, that brings us all to- Nixon had urged the then President partisan legislation and urge the House of gether. That was Father Hesburgh, a of Notre Dame to accept the director- Representatives to pass this important meas- man who even to this day is a re- ship of the Office of Economic Oppor- ure. I would like to thank my colleagues who nowned leader. tunity, the anti-poverty program. have given their support and worked so hard I was at the Notre Dame campus this When Father Hesburgh rejected the to move this legislation forward. Additionally, I weekend and even to this day his pres- full-time offer because he wished to October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9851 stay at his beloved Notre Dame, Presi- The gentleman from Indiana (Mr. lege, Alverno College, Ancilla College, Anna dent Nixon then offered him the chair- ROEMER), the sponsor of this bill, I told Maria College, Aquinas College, Aquinas Col- manship of the Civil Rights Commis- him that I once heard a debate between lege, Inc., Assumption College, Assumption sion which was part-time. two of my friends as to which was the College for Sisters, Avila College, Barat Col- lege, Barry University, Bellarmine College, At that time, 1969, the President also premier Catholic university, and it was Belmont Abbey College, Benedictine College, appointed me to the Commission as the between Holy Cross and Georgetown. I Benedictine University, Boston College, vice chairman. I had an opportunity to asked them which one of those univer- Brescia University, Briar Cliff College, see Father Ted’s leadership skills close sities was the premier Catholic univer- Cabrini College, Caldwell College. at hand. Believe me, his leadership sity. He told me both of them were Calumet College of Saint Joseph, Canisius skills are many and effective. wrong, that it was Notre Dame. Of College, Cardinal Stritch University, Carlow Father Ted is beloved by all who course, the gentleman is from Indiana. College, Carroll College, Castle College, have known him. He spoke out for Among these colleges and univer- Chaminade University of Honolulu, Chatfield sities is Spring Hill College in Mobile, College, Chestnut Hill College, Christendom human rights and against dictator- College, Christian Brothers University, ships. He has secured the safety for in- Alabama. Spring Hill College was the Clarke College, College Misericordia, College dividuals who had fought for human oldest Catholic college in the South- of Mount Saint Joseph, College of Mount rights in different parts of the world. east, the fifth oldest in the United Saint Vincent, College of New Rochelle, Col- Working together with our other four States. Among the original cosponsors lege of Notre Dame, College of Notre Dame colleagues on the Commission, we were of this bill today is the gentleman from of Maryland, College of Our Lady of the able to begin a systematic analysis of Georgia (Mr. LEWIS). Spring Hill was Elms, College of Saint Benedict, College of the degree to which cabinet depart- praised by Martin Luther King, Jr., as Saint Elizabeth, College of Saint Francis, ments and independent agencies were one of the first colleges in the South to College of Saint Mary, College of Saint Rose, obeying and implementing the great integrate racially. As an Alabaman, I College of Saint Thomas More, The College of Santa Fe, College of St. Catherine. laws—such as the Civil Rights Act of am proud of that distinction. College of St. Joseph, College of St. 1964, and the Voting Rights Act of 1965. Mr. Speaker, let me mention some of Scholastica, College of the Holy Cross, Father Hesburgh’s inspirational lead- the universities and colleges through- Creighton University, D’Youville College, ership and steady optimism were ap- out the Nation which contribute so DePaul University, Divine Word College, Do- preciated by us all. We got things done. mightily to the life of this Nation and minican College of Blauvelt, Dominican Col- Presidents listened. to the world. I mentioned Georgetown lege of San Rafael, Dominican University, Father Hesburgh has served his Na- and Holy Cross; Fordham University in Donnelly College, Duquesne University, tion well, not only on matters of civil New York; St. Louis University; Bos- Edgewood College, Emmanuel College, Fair- rights here and abroad, and unemploy- ton College; Catholic University here field University, Felician College, Fontbonne ment, poverty, hunger and agriculture in Washington; University of Detroit; College, Fordham University, Franciscan the three Loyolas in New Orleans, Los University of Steubenville, Gannon Univer- for developing nations so they can feed sity, Georgetown University, Georgian Court their people. Angeles, and Chicago; DePaul Univer- College, Gonzaga University, Gwynedd- Although duties to American higher sity in Chicago; Marquette University, Mercy College, Heritage College, Hilbert Col- education off the campus, his door was Creighton University in Omaha; the lege. always open to students when he was University of Santa Clara; Villanova, Holy Cross College, Holy Family College, at Notre Dame. When the light was on, of Saint John’s University in New Holy Name College, Immaculata College, students knew he was in and climbed York. Iona College, John Carroll University, King’s up the ladder or the stairs to his quar- A college that one of my friends went College, La Roche College, La Salle Univer- sity, Laboure College, Le Moyne College, ters for a 1 a.m. or 2 a.m. discussion on to, and I saw it listed, I take sort of personal privilege in saying Manhattan Lewis University, Loras College, Lourdes philosophy, ethics, and all the other College, Loyola College in Maryland, Loyola things that he cared about in higher College, a college that gave many Marymount University, Loyola University education. youth on limited income a chance to New Orleans, Loyola University of Chicago, Of course, with great affection, the get ahead with the scholarship. Madonna University, Manhattan College, students kidded about Father Ted’s ab- Many fine women colleges, Catholic Manor Junior College, Maria College, Marian sence. They would ask ‘‘What is the colleges for women: St. Mary’s College, College, Marian College of Fond du Lac, Mar- difference between God and Father Notre Dame’s sister institution; Trin- ian Court College, Marist College, Marquette ity College here in Washington, D.C.; University. Ted?’’ Answer: ‘‘God is everywhere. Fa- Marygrove College, Marylhurst University, ther Ted is everywhere but at Notre and a college that a good friend of mine attended, that being Manhattan in New Marymount College, Marymount Manhattan Dame.’’ College, Marymount University, Marywood Sometimes he would write the stu- York. There are many, many others, but I University, Mater Dei College, Mercy College dent body from ‘‘high over the Andes.’’ of Northwest Ohio, Mercyhurst College, But the fact was they knew that he was will simply introduce into the RECORD Merrimack College, Molloy College, Mount all 230. always approachable, both to students Aloysius College, Mount Carmel College of Mr. ROEMER. Mr. Speaker, will the and alumni. Nursing, Mount Marty College, Mount Mary gentleman yield? College, Mount Mercy College, Mount Saint His goal was to serve as a parish Mr. BACHUS. I yield to the gen- priest. He had that role to help the vet- Clare College, Mount Saint Mary College, tleman from Indiana. Mount Saint Mary’s College, Nazareth Col- erans from the Second World War who Mr. ROEMER. Mr. Speaker, I will not lege of Rochester, Neumann College, New- returned or began at Notre Dame. Al- object to the gentleman from Alabama man University, Niagara University, Notre though he achieved many other accom- entering into the RECORD all 230 uni- Dame College, Notre Dame College of Ohio. plishments working with Presidents, versities as long as Notre Dame is the Ohio Dominican College, Our Lady of Holy Prime Ministers, potentates, kings, first university entered in. Is that all Cross College, Our Lady of the Lake College, Our Lady of the Lake University, Pontifical queens, dictators, he always remem- right? bered that all human begings should Catholic University of Puerto Rico, Presen- Mr. BACHUS. Mr. Speaker, he had tation College, Providence College, Queen of have human rights. told me that. The gentleman from New the Holy Rosary College, Quincy University, America and the World gained much York (Mr. KING) has requested that Regis College, Regis University, Rivier Col- from the dedication and the devotion of Notre Dame also be first on the list lege, Rockhurst College, Rosemont College, the man who saw his role as the local with St. Francis College in Brooklyn to Sacred Heart University, Saint Anselm Col- parish priest. be added second. So I will consent to lege, Saint Gregory’s University, Saint Mr. BACHUS. Mr. Speaker, I yield to that request. John’s University, Saint John’s University, myself such time as I may consume. So I offer the list referred to into the Saint Joseph College, Saint Joseph’s College, Mr. Speaker, I will enter into the RECORD, moving Notre Dame to the Saint Joseph’s University, Saint Leo Col- RECORD a rollcall of the 230 Catholic in- front of the list. lege, Saint Louis University, Saint Mary stitutions of higher education in our College. [From the association of Catholic Colleges Saint Mary’s College, Saint Mary’s College country. Among these colleges is and Universities, Washington, DC] of CA, Saint Mary’s University of Minnesota, Georgetown University, our oldest U.S. CATHOLIC COLLEGES AND UNIVERSITIES Saint Mary-of-the-Woods College, Saint Mi- Catholic university, which celebrated Albertus Magnus College, Allentown Col- chael’s College, Saint Norbert College, Saint its 250th birthday. lege of Saint Francis de Sales, Alvernia Col- Peter’s College, Saint Vincent College, Saint H9852 CONGRESSIONAL RECORD — HOUSE October 12, 1999

Xavier University, Salve Regina University, ana (Mr. ROEMER), the initial sponsor I would just close by again thanking Santa Clara University, Seattle University, of this measure, and for introducing the gentleman from Indiana (Mr. ROE- Seton Hall University, Seton Hill College, this legislation and for affording me MER); his companion, the gentleman Siena College, Siena Heights University, Sil- this opportunity to speak today. ver Lake College, Spalding University, from Indiana (Mr. VISCLOSKY) in the In- Spring Hill College, Springfield College, St. I want to commend the gentlewoman diana Congressional delegation; the Ambrose University, St. Bonaventure Uni- from California (Ms. WATERS) for her gentleman from New York (Mr. KING); versity, St. Catharine College, St. Edward’s support on this measure honoring Fa- the gentleman from Indiana (Mr. University, St. Elizabeth College of Nursing, ther Hesburgh. SOUDER); the gentleman from Georgia St. Francis College. As a priest, the university president, (Mr. LEWIS); and also the gentlewoman St. Francis College, St. John Fisher Col- and a public servant, Father Theodore from Kentucky (Mrs. NORTHUP). lege, St. Martin’s College, St. Mary’s Univer- Hesburgh dedicated his life to pro- sity, St. Thomas Aquinas College, St. Thom- Mr. SOUDER. Mr. Speaker, I rise in strong viding a better life for all of us and for support of legislation to award a Congres- as University, St. Vincent’s College, the development of an improved soci- Stonehill College, The Catholic University of sional Gold Medal to Reverend Theodore America, ety. Throughout his lifetime, Father Hesburgh in recognition of his outstanding and Thomas Aquinas College, Thomas More Hesburgh has served on 15 presidential enduring contributions to civil rights, higher College, Trinity College, Trinity College of commissions, most recently to the U.S. education, the Catholic Church, and the na- Vermont, Trocaire College, Universidad Cen- Civil Rights Commission, peaceful uses tion. I want to thank my colleague from Indi- tral De Bayamon, University of Dallas, Uni- of atomic energy, campus unrest, ana, TIM ROEMER, for his initiative in intro- versity of Dayton, University of Detroit treatment of Vietnam offenders, Third Mercy, University of Great Falls, University ducing this bill. It has been a pleasure to co- World development, and immigration sponsor this legislation. of Mary, University of Notre Dame, Univer- reform, to name just a few. sity of Portland, University of Saint Francis, Father Hesburgh is a man known for the University of San Diego, University of San Father Hesburgh has significantly wide scope of his influence. However, for me Francisco, University of Scranton, Univer- contributed to our Nation as a national personally as a graduate of the University of sity of St. Thomas, University of St. Thom- leader in the field of education, serving Notre Dame, Father Hesburgh will remain as, University of the Incarnate Word, Univer- on many commissions and study etched in my mind as a legendary figure in the sity of the Sacred Heart, Ursuline College, groups, examining matters ranging field of higher education. The tenacity and Villa Julie College, Villa Maria College of from public funding of independent col- Buffalo, Villanova University, Viterbo Col- passion that he continues to carry into the leges and universities to the role of for- academic arena are clearly evident. lege, Walsh University, Wheeling Jesuit Uni- eign languages and international stud- versity, Xavier University, Xavier Univer- Serving as Notre Dame's president from sity of Louisiana. ies and higher education. 1952±87, Father Hesburgh led the University Father Hesburgh’s stature as an elder in its rise to national prominence. When he Mr. Speaker, I want to comment on statesman in America’s higher edu- one other thing about Father stepped down as head of Notre DameÐafter cation is reflected in his 135 honorary nearly 35 yearsÐhe ended the longest tenure Hesburgh, something I did not know degrees, the most degrees ever awarded about him until I studied about this among presidents of American colleges and to any one American. universities. His position as a fixture in Amer- coin bill, but something that I think is Throughout my tenure in the Con- very striking to any of us that were on ican higher education is reflected in his 135 gress, it has been a pleasure to work honorary degrees, the most ever awarded to college campuses in 1969. In fact, not with Father Hesburgh to value his dis- only was I attending the University of an American. tinguished leadership on a number of Father Hesburgh's influence as an educator Alabama at that time, but I was also a worthy causes throughout the inter- member of the Army Reserves. So this goes far beyond measurable successes. His national spectrum. Accordingly, I am unique vision of the contemporary Catholic really comes home to me. pleased to join with my colleagues in Father Hesburgh has received numer- university as an institution responsible for commending Father Hesburgh for his touching the moral, as well as the intellectual ous awards from educational groups outstanding efforts and accomplish- and from others. We have heard about dimensions, of scholarly inquiry has benefited ments. I strongly support this recogni- countless university studentsÐmyself in- some of those. Among those was the tion of his achievements for our Nation prestigious John Nickel award given to cluded. ``The Catholic University should be a with a Congressional Medal of Honor. place,'' he wrote, ``where all the great ques- him in 1970 by the American Associa- Mr. BACHUS. Mr. Speaker, may I in- tions are asked, where an exciting conversa- tion of University Professors. This quire as to how much time we have re- tion is continually in progress, where the mind award, which honors those who uphold maining. constantly grows as the values and powers of academic freedom, recognizes Father The SPEAKER pro tempore (Mr. intelligence and wisdom are cherished and ex- Hesburgh’s crucial role in blunting the SHIMKUS). The gentleman from Ala- ercised.'' Father Hesburgh instills in students attempt of the Nixon administration in bama (Mr. BACHUS) has 1 minute re- that they have a moral obligation to make a 1969 to use Federal troops to quell cam- maining. pus disturbances. Mr. BACHUS. Mr. Speaker, I yield positive contribution to society both inside the Now, as someone who was both a uni- myself such time as I may consume. classroom as well as in the larger community. versity student and also a member of Mr. Speaker, when we think of Notre Today over eighty percent of Notre Dame stu- the Army Reserve, I want to commend Dame, many of us think of Knute dents volunteer their time to serve those who Father Hesburgh personally. I know Rockne. They think of the 1913 game are less fortunate. that there are a lot of other Americans when an obscure team from an obscure The public service career of Father that applaud his stand on this who college at that time, at least obscure Hesburgh is as distinguished as his many know, looking back at this time in his- to most Americans, played Army and educational contributions. Over the years, he tory, how great a contribution that upset them 35 to 13. They think of has held 15 presidential appointments, served was. But we know that it obviously Knute Rockne and the fighting Irish. four popes, and he has remained a national could have avoided some tragic times They think of that great coach. But leader in the fields of education, civil rights in our country. that is what we think about on Satur- and the development of the third world. The This is one of many, many contribu- day. lengthy list of awards honoring Father tions that he made. But there is another man we honor Hesburgh includes the Medal of Freedom, our Mr. Speaker, I yield such time as he today, and that is a man that left his nation's highest civilian honor, bestowed on may consume to the gentleman from mark on the institution from Monday him by President Johnson in 1964. Finally, so- New York (Mr. GILMAN), Chairman of through Friday, which built Notre cial justice has been the focus of many of his the Committee on International Rela- Dame into a great academic university. involvements outside of the university. He was tions. His contributions deserve to be dis- a charter member of the U.S. Commission on (Mr. GILMAN asked and was given cussed today. Civil Rights, created by Congress in 1957, and permission to revise and extend his re- chaired the Commission from 1969 to 1972. b marks.) 1715 Mr. Speaker, as an original co-sponsor of Mr. GILMAN. Mr. Speaker, I want to It is for that reason, Mr. Speaker, this bill, I strongly encourage my colleagues to commend the gentleman from Alabama that this Congress fittingly honors this join me in bestowing this high honor upon this (Mr. BACHUS), the gentleman from Indi- man, Father Hesburgh. excellent American. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9853

Mr. LAFALCE. Mr. Speaker, I rise today in GENERAL LEAVE MERO-BARCELO´ ) each will control 20 support of H.R. 1932, a bill to award a Con- Mr. BACHUS. Mr. Speaker, I ask minutes. gressional gold medal to Father Theodore M. unanimous consent that all Members The Chair recognizes the gentleman Hesburgh, C.S.C., in recognition of his con- may have 5 legislative days within from Pennsylvania (Mr. SHERWOOD). tributions to civil rights, higher education, the which to revise and extend their re- GENERAL LEAVE Catholic Church, the Nation, and the global marks on H.R. 1932. Mr. SHERWOOD. Mr. Speaker, I ask community. Before saying more, I would like The SPEAKER pro tempore. Is there unanimous consent that all Members to commend the bill's author, the gentleman objection to the request of the gen- may have 5 legislative days within from Indiana (Mr. ROEMER), for his leadership tleman from Alabama? which to revise and extend their re- on this bill. There was no objection. marks and to include extraneous mate- Father Hesburgh was the 15th president of rial on H.R. 20. f the University of Notre Dame, holding that po- The SPEAKER pro tempore. Is there sition from 1952 until 1987, and has been UPPER DELAWARE SCENIC AND objection to the request of the gen- president emeritus since 1987. For half a cen- RECREATIONAL RIVER MONGAUP tleman from Pennsylvania? tury, Father Hesburgh has been one of our VISITOR CENTER ACT OF 1999 There was no objection. Nation's greatest public servants and his enor- Mr. SHERWOOD. Mr. Speaker, I yield Mr. SHERWOOD. Mr. Speaker, I mous humanitarian contributions have been myself such time as I may consume. move to suspend the rules and pass the widely recognized. In 1964, President Johnson Mr. Speaker, I rise in support of H.R. bill (H.R. 20) to authorize the Secretary awarded Father Hesburgh the Medal of Free- 20, introduced by my esteemed col- of the Interior to construct and operate dom, our nation's highest civilian honor. league from New York (Mr. GILMAN). He has held fifteen U.S. presidential ap- a visitor center for the Upper Delaware H.R. 20 authorizes the Secretary of pointments in such areas as the peaceful use Scenic and Recreational River on the the Interior to enter into a 99-year of atomic energy, Third World development, land owned by the State of New York. lease for State-owned land within the immigration (having chaired the Select Com- The Clerk read as follows: boundaries of the Upper Delaware Sce- mission on Immigration and Refugee Policy H.R. 20 nic and Recreational River located at from 1979 to 1981), and civil rights (having Be it enacted by the Senate and House of Rep- Mongaup, New York. chaired the U.S. Commission on Civil Rights resentatives of the United States of America in The gentleman from New York (Mr. from 1969 to 1972). In each case, Father Congress assembled, GILMAN) is to be commended for his Hesburgh has served with distinction. SECTION 1. SHORT TITLE. hard work on this needed bill, which It is not surprising, given this record of prin- This Act may be cited as the ‘‘Upper Dela- initiates construction of a visitor cen- cipled, dedicated public service, that the Uni- ware Scenic and Recreational River ter for the Upper Delaware which will Mongaup Visitor Center Act of 1999’’. versity of Notre Dame founded the Hesburgh serve as an information point for area SEC. 2. FINDINGS. Program in Public Service in 1987. The services and attractions, as well as sup- The Congress finds the following: Hesburgh Program seeks to prepare Notre (1) The Secretary of the Interior approved ply basic traveler needs. Dame students for an active life devoted to a management plan for the Upper Delaware Because the act which established the pursuit of effective and just responses to Scenic and Recreational River, as required this recreational river limits the Fed- issues in American society. In short, it encour- by section 704 of Public Law 95–625 (16 U.S.C. eral authority to acquire lands, Con- ages young men and women to emulate Fa- 1274 note), on September 29, 1987. gressional action is needed to authorize ther Hesburgh's years of selfless, devoted (2) The river management plan called for the expenditure of appropriated funds service. the development of a primary visitor contact for the construction and subsequent Moreover, two buildings on the Notre Dame facility located at the southern end of the operation of a visitor center on leased river corridor. land. campus bear the Hesburgh name. In 1987, (3) The river management plan determined the Memorial Library was renamed the that the visitor center would be built and op- H.R. 20 is supported by both the Na- Hesburgh Library in recognition of his active erated by the National Park Service. tional Park Service and the minority. role in the establishment of the library in 1959, (4) The Act that designated the Upper Besides being a necessary addition to the fulfillment of its goals in the years since, Delaware Scenic and Recreational River and an increasingly busy component of the and the personal example he has set for the approved river management plan limits National Park Service, the Mongaup Americans young an old as a lifelong learner. the Secretary of the Interior’s authority to Visitor Center is also important to my The second building honored with his name acquire land within the boundary of the river constituents because the Congressional corridor. district that I represent is bounded on is the Hesburgh Center for International Stud- (5) The State of New York authorized on ies. Home to the Joan B. Kroc Institute for June 21, 1993, a 99-year lease between the the east by the Upper Delaware River. International Peace Studies and the Helen New York State Department of Environ- I again commend the gentleman from Kellogg Institute for International Studies, the mental Conservation and the National Park New York (Mr. GILMAN) for his hard Hesburgh Center reflects Father Hesburgh's Service for the construction and operation of work in getting this bill to the floor, vital contribution and desire to expand our un- a visitor center by the Federal Government and I urge my colleagues to support derstanding of the world around us, improve on State-owned land in the Town of H.R. 20. the resolution of violent conflicts, and promote Deerpark, Orange County, New York, in the Mr. Speaker, I reserve the balance of vicinity of Mongaup, which is the preferred my time. human rights, equitable development, and so- site for the visitor center. cial justice here and abroad. Mr. ROMERO-BARCELO´ . Mr. Speak- SEC. 3. AUTHORIZATION OF VISITOR CENTER er, I yield myself such time as I may It is with the utmost respect and admiration FOR UPPER DELAWARE SCENIC AND for Father Hesburgh and his life's work that I RECREATIONAL RIVER. consume. ´ support today's recognition of his accomplish- For the purpose of constructing and oper- (Mr. ROMERO-BARCELO asked and ments which have benefitted our nation and ating a visitor center for the Upper Delaware was given permission to revise and ex- urge unanimous passage of H.R. 1932. Scenic and Recreational River and subject to tend his remarks.) Mr. BACHUS. Mr. Speaker, I yield the availability of appropriations, the Sec- Mr. ROMERO-BARCELO´ . Mr. Speak- back the balance of my time. retary of the Interior may— er, in 1978, the Congress designated the The SPEAKER pro tempore (Mr. (1) enter into a lease with the State of New Upper Delaware River in New York York, for a term of 99 years, for State-owned State as a Wild and Scenic River. Since SHIMKUS). The question is on the mo- land within the boundaries of the Upper tion offered by the gentleman from Delaware Scenic and Recreational River lo- then, hundreds of thousands of visitors Alabama (Mr. BACHUS) that the House cated at an area known as Mongaup near the from the New York/New Jersey area suspend the rules and pass the bill, confluence of the Mongaup and Upper Dela- and around the world have visited the H.R. 1932. ware Rivers in the State of New York; and river to enjoy the natural beauty and The question was taken; and (two- (2) construct and operate such a visitor recreational opportunities of the area. thirds having voted in favor thereof) center on land leased under paragraph (2). H.R. 20, submitted and sponsored by the rules were suspended and the bill The SPEAKER pro tempore. Pursu- the gentleman from New York (Mr. was passed. ant to the rule, the gentleman from GILMAN), would authorize the construc- A motion to reconsider was laid on Pennsylvania (Mr. SHERWOOD) and the tion and the operation of a visitor cen- the table. gentleman from Puerto Rico (Mr. RO- ter for the Upper Delaware. Currently, H9854 CONGRESSIONAL RECORD — HOUSE October 12, 1999 the area has no such facility and a visi- Mr. Speaker, the visitor center will SECTION 1. SHORT TITLE. tor’s center would enable the National benefit the community in many re- This Act may be cited as the ‘‘Lamprey Park Service to offer visitors impor- spects. It will serve as an educational Wild and Scenic River Extension Act’’. SEC. 2. LAMPREY RECREATIONAL RIVER, NEW tant information and services much asset, a local museum, a classroom, HAMPSHIRE. more effectively. and as a driving force in a promotion of (a) ADDITIONAL SEGMENT.—The paragraph The River Management plan, ap- the natural and historical resources of entitled ‘‘LAMPREY RIVER, NEW HAMPSHIRE’’ proved by the Department of the Inte- the entire region. in section 3(a) of the Wild and Scenic Rivers rior a decade ago, calls for the con- Moreover, with 85 percent of the Act (16 U.S.C. 1274(a)) is amended— struction and the operation by the Na- Upper Delaware Scenic and Rec- (1) by striking ‘‘11.5-mile segment extend- tional Park Service of such a facility; reational River under private owner- ing from the southern Lee town line’’ and in- and the State of New York has agreed ship, the region’s struggles to maintain serting ‘‘23.5-mile segment extending from the Bunker Pond Dam in Epping’’; and to a long-term lease of a State-owned, a balance between private property and (2) by striking ‘‘towns of’’ and inserting 55-acre tract for this purpose. recreation continues. ‘‘towns of Epping,’’. Construction of the facility will Bordered by the Delaware River, the (b) MANAGEMENT.—Section 405 of division I make a visit to this area more enjoy- Mongaup River, and New York State of the Omnibus Parks and Public Lands Man- able and more educational, and we urge Highway Route 97, the visitors center agement Act of 1996 (Public Law 104–333; 110 our colleagues to support H.R. 20. would provide a central location to Stat. 4149; 16 U.S.C. 1274 note) is amended— Mr. Speaker, I yield back the balance promote all the services and natural (1) in subsection (b)(2), by inserting ‘‘Ep- of my time. ping,’’ before ‘‘Durham’’; and beauty that the region has to offer. (2) by striking subsection (c). Mr. SHERWOOD. Mr. Speaker, I yield The only center of its kind within an The SPEAKER pro tempore. Pursu- 4 minutes to the gentleman from New hour’s drive of New York City, the ant to the rule, the gentleman from York (Mr. GILMAN). Mongaup visitor center would open the Pennsylvania (Mr. SHERWOOD) and the (Mr. GILMAN asked and was given Upper Delaware Valley to both the gentleman from Puerto Rico (Mr. RO- permission to revise and extend his re- local and visiting public. MERO-BARCELO´ ) each will control 20 marks.) The National Park Service has been Mr. GILMAN. Mr. Speaker, I thank minutes. overseeing this area for some 20 years The Chair recognizes the gentleman the gentleman from Pennsylvania (Mr. without any base of operations. The from Pennsylvania (Mr. SHERWOOD). SHERWOOD) and the gentleman from State of New York has dedicated fund- GENERAL LEAVE Puerto Rico (Mr. ROMERO-BARCELO´ ) for ing to purchase the land for this Mr. SHERWOOD. Mr. Speaker, I ask bringing this measure to the floor at project, to upgrade river services, and unanimous consent that all Members this time and for their supporting re- to restore the bald eagle population to may have 5 legislative days within marks. the region. which to revise and extend their re- Mr. Speaker, as my colleagues may As a final phase of the river manage- marks and to include extraneous mate- know, in 1978, along with our good ment plan, the citizens of the Upper friend and former colleagues, the gen- rial on H.R. 1615. Delaware Valley have been apparently The SPEAKER pro tempore. Is there tleman from Pennsylvania (Mr. awaiting the commencement of this MCDADE) and the gentleman from New objection to the request of the gen- long overdue project. tleman from Pennsylvania? York (Mr. BINGHAM), I introduced legis- Accordingly, I urge my colleagues to lation establishing the Upper Delaware There was no objection. support this worthy measure. Mr. SHERWOOD. Mr. Speaker, I yield Scenic and Recreational River as a Mr. SHERWOOD. Mr. Speaker, I yield myself such time as I may consume. component of the National Wild and myself such time as I may consume. Mr. Speaker, I rise in support of 1615, Scenic River System. It is one of the Mr. Speaker, the Upper Delaware is a introduced by my colleague the gen- few wild rivers in the Northeast for national treasure. Through the efforts tleman from New Hampshire (Mr. which so many people enjoy recreation. of the gentleman from New York (Mr. SUNUNU). The gentleman is to be con- The property proposed for the loca- GILMAN), there will be thousands of gratulated for his work in protecting a tion of the Upper Delaware Scenic and people each year that will be able to valuable and picturesque river. Recreational River’s primary visitors’ view it and to kayak in it and to enjoy Specifically, H.R. 1615 amends the facility, the Mongaup Visitor Center, is this beautiful scenic river. Wild and Scenic Rivers Act to extend owned by the State of New York’s De- Mr. Speaker, I yield back the balance the Wild and Scenic River designation partment of Environmental Conserva- of my time. to a 12-mile segment of the Lamprey tion. That property was acquired by The SPEAKER pro tempore. The River running through New Hampshire. the State in 1990 as part of a much question is on the motion offered by This new addition would be designated larger purchase of an 11,000-acre tract the gentleman from Pennsylvania (Mr. as a recreational river in accordance intended to provide habitat for a popu- SHERWOOD) that the House suspend the with the Wild and Scenic Rivers Act. lation of wintering bald eagles. rules and pass the bill, H.R. 20. As part of the Omnibus Parks and New York State legislation author- The question was taken; and (two- Public Land Management Act of 1996, izing Federal development of the prop- thirds having voted in favor thereof) an 111⁄2 mile segment of the Lamprey erty as a visitors center by means of a the rules were suspended and the bill River was designated at that time as a long-term lease was adopted in 1993. A was passed. recreational river. The study done for legislative support data package was A motion to reconsider was laid on this segment also found that an addi- prepared in 1994 for Federal legislation the table. tional 12-mile segment upstream war- authorizing development of that site f rants a like designation. Now that and authorizing appropriation of funds there is overwhelming local support, for development and to increase the LAMPREY WILD AND SCENIC RIVER EXTENSION ACT this section of the Lamprey River is Upper Delaware’s operational base to ready for the designation. provide for year-round operation. Mr. SHERWOOD. Mr. Speaker, I This bill is supported by the National The site for the Mongaup Visitor move to suspend the rules and pass the Park Service, and I urge my colleagues Center contains abundant natural and bill (H.R. 1615) to amend the Wild and also to support H.R. 1615. cultural resources, and this proposal Scenic Rivers Act to extend the des- Mr. Speaker, I reserve the balance of will identify and develop strategies to ignation of a portion of the Lamprey my time. protect the Mongaup area’s natural re- River in New Hampshire as a rec- Mr. ROMERO-BARCELO´ . Mr. Speak- sources, including the expanding bald reational river to include an additional er, I yield myself such time as I may eagle population, the half million mi- river segment. consume. grating American shad, 200 species of The Clerk read as follows: (Mr. ROMERO-BARCELO´ asked and birds, upland and flood plain forests, H.R. 1615 was given permission to revise and ex- hemlock and laurel gorges, and a mile Be it enacted by the Senate and House of Rep- tend his remarks.) of river front with natural sand beach- resentatives of the United States of America in Mr. ROMERO-BARCELO´ . Mr. Speak- es. Congress assembled, er, in 1991, the Congress directed the October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9855 National Park Service to study the well as its neighboring marshes and moving this legislation forward. I urge Lamprey River in New Hampshire to forests, providing a diverse and scenic the passage of H.R. 1615. determine what portion of the river landscape. The Lamprey is also host to Mr. ROMERO-BARCELO´ . Mr. Speak- might be eligible for designation as a a large quantity of anadromous fish er, I have no further requests for time, Wild and Scenic River. throughout the Great Bay watershed, and I yield back the balance of my In 1995, the National Park Service which include Atlantic salmon, Amer- time. concluded that a little more than 23 ican shad, herring and sea Lamprey as Mr. SHERWOOD. Mr. Speaker, I have miles met the requirements for such well. no further requests for time, and I designation. However, at the time, Apart from its impressive ecology, yield back the balance of my time. there was local support for designating the Lamprey has long been a popular The SPEAKER pro tempore (Mr. only 111⁄2 miles of the river. As a result, recreational resource for swimming, SHIMKUS). The question is on the mo- in 1996, Congress abided by the wishes fishing, hiking and cross-country ski- tion offered by the gentleman from of the local community and designated ing. The watershed region also houses Pennsylvania (Mr. SHERWOOD) that the only the 11.5-mile segment. several historically significant sites in- House suspend the rules and pass the Just 3 years later, the designation is cluding the Wiswall Dam, which is list- bill, H.R. 1615. so popular in those areas which have it ed on the National Register of Historic The question was taken; and (two- and the programs which grow out of Places. thirds having voted in favor thereof) this Wild and Scenic River designation Realizing the importance of the Lam- the rules were suspended and the bill are so successful that those commu- prey as both a natural and economic was passed. nities where support was once lacking resource, several organizations and A motion to reconsider was laid on have now voted overwhelmingly to local entities have collaborated in ef- the table. have their segment of the river in- forts to ensure its stability and long- f cluded. H.R. 1615 would add the addi- term preservation. For years, the WILDERNESS BATTLEFIELD LAND tional 12-mile segment to the portion towns of Durham, Epping, Lee and ACQUISITION ACT of the Lamprey that is already des- Newmarket have worked with the New ignated a Wild and Scenic River. Hampshire Department of Environ- Mr. SHERWOOD. Mr. Speaker, I Mr. Speaker, there are two very im- mental Services to ensure the safe- move to suspend the rules and pass the portant things to note here. In desig- keeping and quality of the Lamprey bill (H.R. 1665) to allow the National nating the Lamprey, the National Park River. They have been joined by the Park Service to acquire certain land Service and the Congress have been Lamprey River Advisory Committee, for addition to the Wilderness Battle- very careful to listen to the wishes of the Stafford Regional Planning Com- field in Virginia, as previously author- the local communities and to abide by mission and New Hampshire Fish and ized by law, by purchase or exchange as them. In addition, contrary to the Game as well to ensure common-sense, well as by donation, as amended. views offered by critics of this pro- local approaches to conservation. The The Clerk read as follows: gram, when local communities have an coalition’s hard work has led to State H.R. 1665 opportunity to see firsthand the posi- efforts to safeguard the river under the Be it enacted by the Senate and House of Rep- tive effects of the Wild and Scenic Riv- New Hampshire Rivers Management resentatives of the United States of America in ers Program, they cannot wait to be in- and Protection Program, and ulti- Congress assembled, cluded. mately the 1996 Wild and Scenic River SECTION 1. ADDITION TO WILDERNESS BATTLE- Mr. Speaker, this is a bipartisan bill designation of the 11.5 mile portion of FIELD, VIRGINIA. (a) REMOVAL OF CONDITION ON BATTLEFIELD that has bipartisan support, and we the Lamprey in Durham, Lee and ADDITION.—Section 2(a)(2) of Public Law 102– urge our colleagues to support H.R. Newmarket. 541 (16 U.S.C. 425k note; 106 Stat. 3565) is 1615. Most notably, the Lamprey River Ad- amended by striking ‘‘: Provided,’’ and all that Mr. Speaker, I reserve the balance of visory Committee, whose members are follows through ‘‘Interior’’. my time. nominated by each town in the area (b) AUTHORIZED METHODS OF ACQUISITION.— Mr. SHERWOOD. Mr. Speaker, I yield and the New Hampshire Department of (1) LIMITATIONS ON ACQUISITION METHODS.— 5 minutes to the gentleman from New Environmental Services, has made sig- Section 3(a) of Public Law 101–214 (16 U.S.C. 425l(a)) is amended— Hampshire (Mr. SUNUNU). nificant strides in preserving and pro- tecting the integrity of the Lamprey (A) by striking ‘‘The Secretary’’ and inserting Mr. SUNUNU. Mr. Speaker, I thank ‘‘(1) Except as provided in paragraph (2), the the gentleman very much for yielding by implementing this river manage- Secretary’’; and me the time. ment plan. Two years ago, I had the (B) by adding at the end the following new Mr. Speaker, I rise today in support pleasure of meeting with the members paragraph: of H.R. 1615, the Lamprey Wild and of the committee, touring the river’s ‘‘(2) The lands designated ‘P04–04’ on the map Scenic River Extension Act. This legis- many scenic areas and historic sites referred to in section 2(a) numbered 326–40072E/ lation seeks to fulfill the original in- and surveying some of the projects 89/A and dated September 1990 may be acquired tent of the 1996 Omnibus Parks and upon which the organization has fo- only by donation, and the lands designated ‘P04–01’, ‘P04–02’, and ‘P04–03’ on such map Public Lands Management Act by in- cused its efforts. Although the National Park Service may be acquired only by donation, purchase corporating a 12-mile river segment from willing sellers, or exchange.’’. that runs through the Town of Epping, determined in 1995 that Epping’s por- (2) REMOVAL OF RESTRICTION ON ACQUISITION New Hampshire, under the Lamprey tion of the Lamprey met the criteria of OF ADDITION.—Section 2 of Public Law 102–541 River’s existing Wild and Scenic des- eligibility for the Wild and Scenic des- (16 U.S.C. 425k note; 106 Stat. 3565) is amended ignation. H.R. 1615 helps to put the fin- ignation, the town opted to wait until by striking subsection (b). ishing touch on a 29-year effort to pro- the initiative received broad based (c) TECHNICAL CORRECTION.—Section 2(a) of Public Law 101–214 (16 U.S.C. 425k(a)) is amend- tect the Lamprey as a valuable and his- local support through a town meeting and vote. Last March, with the backing ed by striking ‘‘Spotslyvania’’ and inserting toric natural resource. ‘‘Spotsylvania’’. The Lamprey is located in the south- of the Board of Selectmen and the local The SPEAKER pro tempore. Pursu- east region of our State and continues conservation commission, the citizens ant to the rule, the gentleman from to be among New Hampshire’s impor- of Epping voted by a large margin in Pennsylvania (Mr. SHERWOOD) and the tant tributaries. support of the expanded Wild and Sce- nic River designation. At their request, gentleman from Puerto Rico (Mr. RO- b 1730 I have introduced H.R. 1615 to enable MERO-BARCELO´ ) each will control 20 As one of only two rivers to achieve this community of over 5,000 to build minutes. Wild and Scenic status, it spans 60 upon the success of the original Lam- The Chair recognizes the gentleman miles and flows through six commu- prey designation and to ensure the con- from Pennsylvania (Mr. SHERWOOD). nities before emptying into the Sea- tinued integrity of this important his- GENERAL LEAVE coast Great Bay Estuarine Reserve. toric tributary. Mr. SHERWOOD. Mr. Speaker, I ask Over 300 species of plants and 150 spe- Again, I want to thank the members unanimous consent that all Members cies of birds inhabit its river banks as of the committee for their support in may have 5 legislative days within H9856 CONGRESSIONAL RECORD — HOUSE October 12, 1999 which to revise and extend their re- only. Unfortunately, the owners of the attack against the Union left. Using marks on this legislation. property have declined to donate the the unfinished railroad, which borders The SPEAKER pro tempore. Is there lands. the tracts in question on the south, as objection to the request of the gen- H.R. 1665 would authorize the Na- cover, Confederate troops formed un- tleman from Pennsylvania? tional Park Service to acquire the 525 seen opposite the Union left. By 11 There was no objection. acres through purchase or exchange as a.m., all was ready. Mr. SHERWOOD. Mr. Speaker, I yield well as donation. Since adding these Ripping their way through thickets myself such time as I may consume. lands to the park is already authorized, and underbrush, Confederate troops on Mr. Speaker, I rise in support of H.R. H.R. 1665 simply expands the mecha- a front more than a quarter-mile long 1665, introduced by the gentleman from nisms available to the NPS for accom- thundered northward into the flank of Virginia (Mr. BATEMAN). The gen- plishing this goal. the Union line. The Federals offered tleman from Virginia has worked hard Mr. Speaker, this is a bipartisan bill. brief resistance, but then their lines on this bill which will help the Na- It has bipartisan support. We urge our collapsed. The momentum of the Con- tional Park Service protect additional colleagues to support it. federate attack carried gray-clad Civil War battlefield land. H.R. 1665 al- Mr. Speaker, I yield back the balance troops all the way to the Orange Plank lows the Park Service to acquire cer- of my time. Road. There, disaster struck. Confed- tain land for addition to the Wilderness Mr. SHERWOOD. Mr. Speaker, I yield erate General Longstreet was caught in Battlefield in Virginia by purchase or 5 minutes to the gentleman from Vir- a Confederate volley and fell gravely exchange as well as donation. Cur- ginia (Mr. BATEMAN). wounded only a few miles from where, rently, the Park Service can acquire (Mr. BATEMAN asked and was given a year before, Stonewall Jackson was land only by donation, thereby pre- permission to revise and extend his re- mortally wounded by Confederate venting landowners from disposing of marks.) troops. With that devastating blow, the property the Park Service desires to Mr. BATEMAN. Mr. Speaker, I thank Confederate attack lost momentum. the gentleman from Pennsylvania and include in the battlefield boundaries. But the Federal lines had been ru- the gentleman from Puerto Rico for Recently, however, the owners of three ined. Never again would they threaten their support of this measure. I also tracts of land have expressed their de- the Confederates in the Wilderness. want to express my sincere thanks to sire to dispose of property to the Park And indeed later that day, the Confed- the gentleman from Utah (Mr. HAN- Service which is within the boundaries erates would resume the attacks and SEN), who is the chairman of the Sub- of the battlefield. Enactment of H.R. push the Union lines to the edge of dis- committee on National Parks and Pub- 1665 would allow the Park Service to aster. Later that day, woods on these lic Lands, for expeditiously moving acquire this land. lands would take fire, consuming this legislation through his committee Mr. Speaker, an amendment was ac- wounded and dead alike. The fires of and the full Committee on Resources. cepted at the subcommittee consider- the Wilderness would become the sig- ation of this bill which makes it clear I introduced this legislation that we are considering today because I feel nature horror of two of America’s most that disposal of the land by purchase horrific days. will only be from willing sellers. This strongly that the National Park Serv- bill now has wide bipartisan support. I ice should perpetuate the longstanding As Members can see, this stretch of urge my colleagues to support H.R. goal of preserving Civil War battle- land is a key component which will 1665. fields where events occurred that are serve to complete the Wilderness Bat- Mr. Speaker, I reserve the balance of dramatic, tragic and bold. The preser- tlefield, ensuring our heritage for gen- my time. vation of these lands is critical to con- erations to come. The vast majority of Mr. ROMERO-BARCELO´ . Mr. Speak- veying the human struggle and tactical this land is currently owned by devel- er, I yield myself such time as I may components of battle that marked a opers. This spring, the prospective de- consume. watershed change in the nature of com- velopers of this land offered a 3-year (Mr. ROMERO-BARCELO´ asked and bat during the Civil War. This bill, window for the government to acquire was given permission to revise and ex- H.R. 1665, as was said, would permit the the tracts. After 3 years, they intend to tend his remarks.) Park Service to buy several tracts of move forward with development. Rec- Mr. ROMERO-BARCELO´ . Mr. Speak- land in the Fredericksburg and Spot- ognizing the need to preserve this land, er, I ask my colleagues to support H.R. sylvania National Military Park that legislation was passed in the 102nd Con- 1665, and I commend the gentleman embody these themes. gress to allow the Park Service to ac- from Virginia (Mr. BATEMAN) for his Before I outline the substance of H.R. quire the land by donation. Since the initiative. 1665, let me touch on the historical sig- early 1990s, this tract has been the ob- Mr. Speaker, on May 5 and May 6, nificance of the land that will be pro- ject of intense efforts by nonprofit or- 1864, Union troops, under their newly tected. These three tracts, totaling 532 ganizations, all of which have failed to promoted overall commander, Ulysses acres, comprise the area covered by preserve the tract. S. Grant, fought a costly battle against Confederate General Longstreet’s flank I introduced H.R. 1665 because we are Confederate troops, under Robert E. attack and other events associated running out of time to save this battle- Lee, in an area of northern Virginia with the Battle of the Wilderness. This field from being lost forever. H.R. 1665 called the Wilderness. Despite a bloody ground bore witness to one of the most would permit the Park Service to buy flank attack by troops under General decisive attacks launched by the Con- the land which is already within the Longstreet, the Union soldiers held out federates during the war in Virginia. It authorized boundary of the park. The and eventually won the battle of the also marked the beginning of the end of Park Service, which supports H.R. 1665, Wilderness. the Confederate war effort. has worked cooperatively with the The Fredericksburg and Spotsylvania On the morning of May 6, 1864, mas- owners of the land and the Spotsyl- County Battlefield Memorial National sive Union attacks pummeled Confed- vania County Board of Supervisors to Military Park was established in 1927 erate lines in this area to the point of protect the land for several years. Once to preserve the area and to commemo- collapse. Only the timely arrival of the Park Service has been given legal rate the battle which took place there. General James Longstreet’s First authorization to acquire the land, they The park includes a national cemetery Corps of Lee’s Army of Northern Vir- will enter into negotiations with the and portions of four Civil War battle- ginia prevented total disaster. As developers and other landowners to de- fields, but approximately 525 acres of Longstreet’s troops arrived at the termine the price to be paid to buy the the Wilderness Battlefield, including Widow Tapp Farm, west of the tracts land. The language in this part of the the site of Longstreet’s attack, are not in question here, the general threw bill prescribes that acquisition of these included in the park. Congress ex- them into the fight piecemeal, stop- tracts of land will be from willing sell- panded the park’s boundaries to in- ping the Union assaults, and even push- ers only. clude the Wilderness Battlefield in 1992 ing the Federals back several hundred Mr. Speaker, I appreciate being given but authorized the National Park Serv- yards. At midmorning, Longstreet con- the opportunity to discuss my efforts ice to acquire the land by donation ceived the idea of a surprise counter- to save this historically significant October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9857 battlefield. Alternatives to Federal ac- Michigan (Mr. STUPAK). H.R. 748 is a Mr. ROMERO-BARCELO´ . Mr. Speak- quisition have been exhausted. Con- simple yet necessary bill that amends er, I yield such time as he may con- gress and the National Park Service the Keweenaw National Historical sume to the gentleman from Michigan must act to acquire the Longstreet Park Act to require the Secretary of (Mr. STUPAK). Flank Attack site. I urge my col- the Interior to consider nominees of Mr. STUPAK. Mr. Speaker, I wish to leagues to vote for H.R. 1665. various local interests in appointing thank the gentleman for yielding this Mr. SHERWOOD. Mr. Speaker, I members of the Keweenaw National time to me. would like to commend the gentleman Historical Park Advisory Commission. Mr. Speaker, the bill before us today, H.R. 748, is a noncontroversial measure from Virginia for his hard work to pre- b 1745 serve this historic site. I am slightly that will simply make a technical cor- surprised that he did not refer to our The existing statute establishing the rection to the act that established the great Civil War as the ‘‘War of North- Keweenaw National Historical Park Keweenaw National Historic Park. Al- ern Aggression.’’ Advisory Commission states that mem- though this measure might be consid- Mr. Speaker, I have no further re- bers shall be appointed from nominees ered insignificant when compared with quests for time, and I yield back the submitted by various local government many of the other pieces of legislation balance of my time. entities. Apparently this has raised considered in this body, H.R. 748 is very The SPEAKER pro tempore. The constitutional concerns as the statute important to the people, the culture, question is on the motion offered by directs the Secretary of the Interior to and the history of Michigan’s upper pe- the gentleman from Pennsylvania (Mr. appoint to the commission persons ninsula and especially to the nominated by State and local officials. SHERWOOD) that the House suspend the Keweenaw peninsula. H.R. 748 would fa- rules and pass the bill, H.R. 1665, as The Department of Justice has stated cilitate the appointment of the that this procedure does not satisfy the amended. Keweenaw National Historic Park Ad- The question was taken; and (two- requirements imposed by the appoint- visory Commission for this park lo- thirds having voted in favor thereof) ments clause for Federal officers. H.R. cated in my district. This correction the rules were suspended and the bill, 748 addresses these constitutional con- will help the commission assume a cerns by striking from nominees each as amended, was passed. greater role in the development of the A motion to reconsider was laid on place it appears and inserting after park. the table. consideration of nominees. The Keweenaw peninsula at one time, This bill has the support of the ad- f Mr. Speaker, was a flourishing eco- ministration and minority, and I urge nomic region in the center for copper KEWEENAW NATIONAL HISTOR- my colleagues also to support H.R. 748. mining. This remarkable copper min- ´ ICAL PARKS ADVISORY COMMIS- Mr. ROMERO-BARCELO. Mr. Speak- ing history is matched by the extensive SION ACT er, I yield myself such time as I may commercial fishing and maritime his- consume. Mr. SHERWOOD. Mr. Speaker, I ´ tory of the massive Lake Superior (Mr. ROMERO-BARCELO asked and which surrounds the peninsula. The move to suspend the rules and pass the was given permission to revise and ex- bill (H.R. 748) to amend the Act that splendor and the people of the tend his remarks.) Keweenaw peninsula rival many, if not established the Keweenaw National Mr. ROMERO-BARCELO´ . Mr. Speak- Historical Park to require the Sec- most, of the national parks and monu- er, I rise in support of H.R. 748 sub- ments throughout our Nation. retary of the Interior to consider nomi- mitted by the gentleman from Michi- nees of various local interests in ap- I wish to thank the chairman of the gan (Mr. STUPAK). The Keweenaw Na- Committee on Resources, the gen- pointing members of the Keweenaw Na- tional Historical Park is located on the tional Historical Parks Advisory Com- tleman from Alaska (Mr. YOUNG), the Keweenaw peninsula of Lake Superior gentleman from Pennsylvania (Mr. mission, as amended. in northeastern Michigan. The park The Clerk read as follows: SHERWOOD) and the ranking Demo- was established in 1992 to preserve the cratic member, the gentleman from H.R. 748 area’s rich copper mining history as California (Mr. MILLER) for expediting Be it enacted by the Senate and House of Rep- well as the oldest and largest lava flow the consideration of this legislation. I resentatives of the United States of America in on earth. The first time I ever knew Congress assembled, also want to thank the chairman of the that there was any volcano in America. Subcommittee on National Parks, the SECTION 1. APPOINTMENTS TO KEWEENAW NA- The original legislation authorizing TIONAL HISTORICAL PARK ADVI- gentleman from Utah (Mr. HANSEN) and SORY COMMISSION. the park specified that the Secretary of the ranking subcommittee Democrat, Section 9(c)(1) of the Act entitled ‘‘An Act to the Interior was to appoint members of the gentleman from Puerto Rico (Mr. the park’s advisory commission from establish the Keweenaw National Historical ROMERO-BARCELO´ ) the resident com- Park, and for other purposes’’ (Public Law 102– among individuals nominated by State missioner for Puerto Rico for their as- 543; 16 U.S.C. 410yy–8(c)(1)) is amended by strik- and local officials only. The Depart- sistance. ing ‘‘from nominees’’ each place it appears and ment of Justice found that such a re- inserting ‘‘after consideration of nominees’’. Mr. Speaker, H.R. 748 is very impor- striction on the Secretary’s authority tant to the future of the Keweenaw pe- The SPEAKER pro tempore. Pursu- conflicted with the appointments ninsula and the preservation of its rich ant to the rule, the gentleman from clause of the Constitution. As a result, and extensive history, and I wish to Pennsylvania (Mr. SHERWOOD) and the the commission has never been assem- thank my colleagues for their support gentleman from Puerto Rico (Mr. RO- bled, and H.R. 748 would amend the au- ´ of this measure. MERO-BARCELO) each will control 20 thorizing statute to alter the terms Mr. ROMERO-BARCELO´ . Mr. Speak- minutes. under which the Secretary may nomi- er, I have no further requests for time, The Chair recognizes the gentleman nate advisory committee members. and I yield back the balance of my from Pennsylvania (Mr. SHERWOOD). The legislation makes clear that while time. GENERAL LEAVE the Secretary must consider State and Mr. SHERWOOD. Mr. Speaker, I yield Mr. SHERWOOD. Mr. Speaker, I ask local nominees, he may appoint com- back the balance of my time. unanimous consent that all Members mission members at will. Such a The SPEAKER pro tempore (Mr. may have 5 legislative days within change would allow the commission to SHIMKUS). The question is on the mo- which to revise and extend their re- begin fulfilling its important role as a tion offered by the gentleman from marks on this legislation. means of local input and coordination Pennsylvania (Mr. SHERWOOD) that the The SPEAKER pro tempore. Is there for this important park. This has bi- House suspend the rules and pass the objection to the request of the gen- partisan support, Mr. Speaker, and we bill, H.R. 748, as amended. tleman from Pennsylvania? urge our colleagues to support H.R. 748 The question was taken; and (two- There was no objection. Mr. Speaker, I reserve the balance of thirds having voted in favor thereof) Mr. SHERWOOD. Mr. Speaker, I yield my time. the rules were suspended and the bill, myself such time as I may consume. Mr. SHERWOOD. Mr. Speaker, I have as amended, was passed. Mr. Speaker, I rise in support of H.R. no more requests for time, and I re- The title of the bill was amended so 748, introduced by the gentleman from serve the balance of my time. as to read: ‘‘A bill to amend the Act H9858 CONGRESSIONAL RECORD — HOUSE October 12, 1999 that established the Keweenaw Na- gency services when motor vehicle crashes tection from liability that any local ex- tional Historical Park to require the occur; and change company, and its officers, directors, Secretary of the Interior to consider (6) the construction and operation of seam- employees, vendors, or agents, have under Federal and State law (whether through nominees of various local interests in less, ubiquitous, and reliable wireless tele- communications systems promote public statute, judicial decision, tariffs filed by appointing members of the Keweenaw safety and provide immediate and critical such local exchange company, or otherwise) National Historical Park Advisory communications links among members of applicable in such State, including in con- Commission.’’. the public; emergency medical service pro- nection with an act or omission involving A motion to reconsider was laid on viders and emergency dispatch providers; the release to a PSAP, emergency medical the table. public safety, fire service and law enforce- service provider or emergency dispatch pro- vider, public safety, fire service or law en- f ment officials; transportation officials, and hospital emergency and trauma care facili- forcement official, or hospital emergency or WIRELESS COMMUNICATIONS AND ties. trauma care facility of subscriber informa- tion related to emergency calls or emer- PUBLIC SAFETY ACT OF 1999 (b) PURPOSE.—The purpose of this Act is to encourage and facilitate the prompt deploy- gency services. (b) USER PARITY.—A person using wireless Mr. TAUZIN. Mr. Speaker, I move to ment throughout the United States of a 9–1–1 service shall have immunity or other suspend the rules and pass the Senate seamless, ubiquitous, and reliable end-to-end protection from liability of a scope and ex- bill (S. 800) to promote and enhance infrastructure for communications, includ- tent that is not less than the scope and ex- ing wireless communications, to meet the public safety through use of 9–1–1 as tent of immunity or other protection from the universal emergency assistance Nation’s public safety and other communica- liability under applicable law in similar cir- number, further deployment of wireless tions needs. cumstances of a person using 9–1–1 service 9–1–1 service, support of States in up- SEC. 3. UNIVERSAL EMERGENCY TELEPHONE that is not wireless. grading 9–1–1 capabilities and related NUMBER. (c) PSAP PARITY.—In matters related to functions, encouragement of construc- (a) ESTABLISHMENT OF UNIVERSAL EMER- wireless 9–1–1 communications, a PSAP, and GENCY TELEPHONE NUMBER.—Section 251(e) of its employees, vendors, agents, and author- tion and operation of seamless, ubiq- the Communications Act of 1934 (47 U.S.C. izing government entity (if any) shall have uitous, and reliable networks for per- 251(e)) is amended by adding at the end the immunity or other protection from liability sonal wireless services, and for other following new paragraph: of a scope and extent that is not less than purposes. ‘‘(3) UNIVERSAL EMERGENCY TELEPHONE the scope and extent of immunity or other The Clerk read as follows: NUMBER.—The Commission and any agency protection from liability under applicable S. 800 or entity to which the Commission has dele- law accorded to such PSAP, employees, ven- gated authority under this subsection shall dors, agents, and authorizing government en- Be it enacted by the Senate and House of Rep- designate 9–1–1 as the universal emergency tity, respectively, in matters related to just resentatives of the United States of America in telephone number within the United States 9–1–1 communications that are not wireless. Congress assembled, for reporting an emergency to appropriate (d) BASIS FOR ENACTMENT.—This section is SECTION 1. SHORT TITLE. authorities and requesting assistance. The enacted as an exercise of the enforcement This Act may be cited as the ‘‘Wireless designation shall apply to both wireline and power of the Congress under section 5 of the Communications and Public Safety Act of wireless telephone service. In making the Fourteenth Amendment to the Constitution 1999’’. designation, the Commission (and any such and the power of the Congress to regulate SEC. 2. FINDINGS AND PURPOSE. agency or entity) shall provide appropriate commerce with foreign nations, among the several States, and with Indian tribes. (a) FINDINGS.—The Congress finds that— transition periods for areas in which 9–1–1 is (1) the establishment and maintenance of not in use as an emergency telephone num- SEC. 5. AUTHORITY TO PROVIDE CUSTOMER IN- ber on the date of enactment of the Wireless FORMATION. an end-to-end communications infrastruc- Section 222 of the Communications Act of Communications and Public Safety Act of ture among members of the public, emer- 1934 (47 U.S.C. 222) is amended— 1999.’’. gency safety, fire service and law enforce- (1) in subsection (d)— (b) SUPPORT.—The Federal Communica- ment officials, emergency dispatch pro- (A) by striking ‘‘or’’ at the end of para- tions Commission shall encourage and sup- viders, transportation officials, and hospital graph (2); port efforts by States to deploy comprehen- emergency and trauma care facilities will re- (B) by striking the period at the end of sive end-to-end emergency communications duce response times for the delivery of emer- paragraph (3) and inserting a semicolon and gency care, assist in delivering appropriate infrastructure and programs, based on co- ‘‘and’’; and care, and thereby prevent fatalities, substan- ordinated statewide plans, including seam- (C) by adding at the end the following: tially reduce the severity and extent of inju- less, ubiquitous, reliable wireless tele- ‘‘(4) to provide call location information ries, reduce time lost from work, and save communications networks and enhanced concerning the user of a commercial mobile thousands of lives and billions of dollars in wireless 9–1–1 service. In encouraging and service (as such term is defined in section health care costs; supporting that deployment, the Commission 332(d))— (2) the rapid, efficient deployment of emer- shall consult and cooperate with State and ‘‘(A) to a public safety answering point, gency telecommunications service requires local officials responsible for emergency emergency medical service provider or emer- statewide coordination of the efforts of local services and public safety, the telecommuni- gency dispatch provider, public safety, fire public safety, fire service and law enforce- cations industry (specifically including the service, or law enforcement official, or hos- ment officials, emergency dispatch pro- cellular and other wireless telecommuni- pital emergency or trauma care facility, in viders, and transportation officials; the es- cations service providers), the motor vehicle order to respond to the user’s call for emer- tablishment of sources of adequate funding manufacturing industry, emergency medical gency services; for carrier and public safety, fire service and service providers and emergency dispatch ‘‘(B) to inform the user’s legal guardian or law enforcement agency technology develop- providers, transportation officials, special members of the user’s immediate family of ment and deployment; the coordination and just 9–1–1 districts, public safety, fire service the user’s location in an emergency situa- integration of emergency communications and law enforcement officials, consumer tion that involves the risk of death or seri- with traffic control and management sys- groups, and hospital emergency and trauma ous physical harm; or tems and the designation of 9–1–1 as the care personnel (including emergency physi- ‘‘(C) to providers of information or data- number to call in emergencies throughout cians, trauma surgeons, and nurses). The base management services solely for pur- the Nation; Commission shall encourage each State to poses of assisting in the delivery of emer- (3) emerging technologies can be a critical develop and implement coordinated state- gency services in response to an emer- component of the end-to-end communica- wide deployment plans, through an entity gency.’’. tions infrastructure connecting the public designated by the governor, and to include (2) by redesignating subsection (f) as sub- with emergency medical service providers representatives of the foregoing organiza- section (h) and by inserting the following and emergency dispatch providers, public tions and entities in development and imple- after subsection (e): safety, fire service and law enforcement offi- mentation of such plans. Nothing in this sub- ‘‘(f) AUTHORITY TO USE WIRELESS LOCATION cials, and hospital emergency and trauma section shall be construed to authorize or re- INFORMATION.—For purposes of subsection care facilities, to reduce emergency response quire the Commission to impose obligations (c)(1), without the express prior authoriza- times and provide appropriate care; or costs on any person. tion of the customer, a customer shall not be (4) improved public safety remains an im- SEC. 4. PARITY OF PROTECTION FOR PROVISION considered to have approved the use or dis- portant public health objective of Federal, OR USE OF WIRELESS SERVICE. closure of or access to— State, and local governments and substan- (a) PROVIDER PARITY.—A wireless carrier, ‘‘(1) call location information concerning tially facilitates interstate and foreign com- and its officers, directors, employees, ven- the user of a commercial mobile service (as merce; dors, and agents, shall have immunity or such term is defined in section 332(d)), other (5) emergency care systems, particularly in other protection from liability in a State of than in accordance with subsection (d)(4); or rural areas of the Nation, will improve with a scope and extent that is not less than the ‘‘(2) automatic crash notification informa- the enabling of prompt notification of emer- scope and extent of immunity or other pro- tion to any person other than for use in the October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9859 operation of an automatic crash notification may have 5 legislative days within bike path or a duck blind in Louisiana system. which to revise and extend their re- where someone calls 9–1–1, they ought ‘‘(g) SUBSCRIBER LISTED AND UNLISTED IN- marks on this legislation, S. 800, and to to get help. S. 800 will provide that FORMATION FOR EMERGENCY SERVICES.—Not- withstanding subsections (b), (c), and (d), a insert extraneous material on the bill. help, and that is why I am glad to be telecommunications carrier that provides The SPEAKER pro tempore. Is there here to take final action on it. Passing telephone exchange service shall provide in- objection to the request of the gen- the bill is a recognition as the tele- formation described in subsection (i)(3)(A) tleman from Louisiana? communications industry changes that (including information pertaining to sub- There was no objection. laws must also change to govern their scribers whose information is unlisted or un- Mr. TAUZIN. Mr. Speaker, I yield operations. published) that is in its possession or control myself 5 minutes. Let me provide a little background (including information pertaining to sub- Mr. Speaker, let me first compliment on the bill. scribers of other carriers) on a timely and the gentleman from Massachusetts The bill started 3 years ago as a unbundled basis, under nondiscriminatory (Mr. MARKEY) for his usual excellent much broader effort. Since then, we and reasonable rates, terms, and conditions cooperation and the spirit by which we have listened closely, pared the bill to providers of emergency services, and pro- always bring our bills to the floor on viders of emergency support services, solely back. This year my friend, the gen- for purposes of delivering or assisting in the telecommunication from the Com- tleman from Illinois (Mr. SHIMKUS), re- delivery of emergency services.’’; mittee on Commerce. I want to also introduced the bill; and it passed over- (3) by inserting ‘‘location,’’ after ‘‘destina- thank the gentleman from Virginia whelmingly in the House. The other tion,’’ in subsection (h)(1)(A) (as redesig- (Mr. BLILEY), our chairman, and the body took our product, made a couple nated by paragraph (2)); and other members of the Subcommittee of changes to reflect new information, (4) by adding at the end of subsection (h) on Telecommunications, Trade and and essentially the Senate version is (as redesignated), the following: Consumer Protection for the excellent nearly identical to Mr. SHIMKUS’ bill, ‘‘(4) PUBLIC SAFETY ANSWERING POINT.—The work they have done on this bill. term ‘public safety answering point’ means a and today’s action will send that bill But most importantly, Mr. Speaker, I on to the President. facility that has been designated to receive want to thank my good friend and new emergency calls and route them to emer- It establishes parity between the gency service personnel. father of his third son, Daniel Martin, wireless and wire line communications ‘‘(5) EMERGENCY SERVICES.—The term the gentleman from Illinois (Mr. industries. It provides, in fact, a situa- ‘emergency services’ means 9–1–1 emergency SHIMKUS), for not only sponsoring this tion where wireless phones not only services and emergency notification services. important piece of legislation, but for will be that safety link but will be ‘‘(6) EMERGENCY NOTIFICATION SERVICES.— leading the charge to make it that eventually locatable; that is, when one The term ‘emergency notification services’ which we know it will be soon, the law makes a wireless call, they will be able means services that notify the public of an of the land. Congratulations on the to be found and cars will be able to be- emergency. birth of a new son, and we wish the come smarter, and in fact when acci- ‘‘(7) EMERGENCY SUPPORT SERVICES.—The term ‘emergency support services’ means in- gentleman from Illinois and his wife dents happen not only will they be formation or data base management services the best, and this is a good day for him helped, but the search will be taken used in support of emergency services.’’. as we hopefully pass this legislation on out of the search and rescue. Rescue SEC. 6. DEFINITIONS. to the President of the United States will be available more quickly. As used in this Act: for signature. The Senate replaced a provision in (1) SECRETARY.—The term ‘‘Secretary’’ Mr. Speaker, 1998 was a landmark the bill for straight parity provisions means the Secretary of Transportation. year in the history of this country. In in liability that we considered essen- (2) STATE.—The term ‘‘State’’ means any of 1998, more Americans bought cordless tially okay, and we concur in those the several States, the District of Columbia, phones than wire phones, and for the changes. The protections are necessary or any territory or possession of the United first time in the history of this tech- to help ensure that the wireless tech- States. nology people were wireless. In fact, (3) PUBLIC SAFETY ANSWERING POINT; nology develops and matures to provide PSAP.—The term ‘‘public safety answering some 80 million Americans now carry greater services. It also provides, as I point’’ or ‘‘PSAP’’ means a facility that has wireless telephones or pagers. Studies said, 9–1–1 service to receive the same been designated to receive 9–1–1 calls and show that most of those American sub- protection from liability under State route them to emergency service personnel. scribers of these wireless phones pur- and federal laws as users of wire line 9– (4) WIRELESS CARRIER.—The term ‘‘wireless chase them for safety reasons. 1–1 services. This good samaritan prin- carrier’’ means a provider of commercial mo- People count on those phones to be ciple should apply also on a State by bile services or any other radio communica- their lifeline in emergencies, a parent, State basis. S. 800 again improves wire- tions service that the Federal Communica- for example, driving down an interstate less users’ privacy by limiting the dis- tions Commission requires to provide wire- highway with babies in the back seat less 9–1–1 service. closure of location information to spe- draws comfort from knowing that if (5) ENHANCED WIRELESS 9–1–1 SERVICE.—The cific instances. Locatability, yes; pri- term ‘‘enhanced wireless 9–1–1 service’’ the car is involved in a crash, he or she vacy, still protected. means any enhanced 9–1–1 service so des- can call 9–1–1 for help, and an ambu- This is good, sound public policy. It ignated by the Federal Communications lance will soon be there. An older will enhance security and safety for Commission in the proceeding entitled ‘‘Re- American driving alone on a long trip consumers. vision of the Commission’s Rules to Ensure feels safer knowing that if an accident I want to thank the other body for Compatibility with Enhanced 9–1–1 Emer- occurs or symptoms strike, they can the great work they did on the bill. I gency Calling Systems’’ (CC Docket No. 94– call 9–1–1 and the State police will soon particularly want to thank the mem- 102; RM–8143), or any successor proceeding. be on the way. bers of the Committee on Commerce, (6) WIRELESS 9–1–1 SERVICE.—The term But there is a problem with that ex- ‘‘wireless 9–1–1 service’’ means any 9–1–1 but especially my good friend, the gen- service provided by a wireless carrier, in- pectation. In many parts of the coun- tleman from Illinois (Mr. SHIMKUS) for cluding enhanced wireless 9–1–1 service. try when a frantic parent or a suddenly his excellent work on this piece of leg- (7) EMERGENCY DISPATCH PROVIDERS.—The disabled elder punches 9–1–1 on the islation. This is a good one that all term ‘‘emergency dispatch providers’’ shall wireless phone, nothing happens; and Members should support. include governmental and nongovernmental in many regions, in fact, 9–1–1 is not Mr. Speaker, I reserve the balance of providers of emergency dispatch services. the emergency number. The ambulance my time. The SPEAKER pro tempore. Pursu- and the police do not come, and some- Mr. MARKEY. Mr. Speaker, I yield ant to the rule, the gentleman from one may be facing a terrible life- myself such time as I may consume. Louisiana (Mr. TAUZIN) and the gen- threatening emergency, but they are Mr. Speaker, I would like to begin by tleman from Massachusetts (Mr. MAR- on their own because they do not know commending my good friend, the gen- KEY) each will control 20 minutes. the local number to call. S. 800 will fix tleman from Louisiana (Mr. TAUZIN) The Chair recognizes the gentleman that problem by making 9–1–1 the uni- for his excellent work on this legisla- from Louisiana (Mr. TAUZIN). versal number to call in an emergency tion and to praise the gentleman from GENERAL LEAVE any time anywhere in the country. Illinois (Mr. SHIMKUS) for his work and Mr. TAUZIN. Mr. Speaker, I ask The rule in America ought to be sim- to congratulate him on the addition to unanimous consent that all Members ple. If one is on a highway, a byway, his family. H9860 CONGRESSIONAL RECORD — HOUSE October 12, 1999 It has been a wonderful day, if we can amendment to last year’s wireless 911 Again, I want to compliment the gen- get all of those things done, plus have legislation in the House conference tleman from Louisiana (Mr. TAUZIN), the Red Sox beat Cleveland and head committee to protect personal privacy. the gentleman from Illinois (Mr. on to beat the Yankees and take the This is, again, something that I have SHIMKUS), the gentlewoman from Mis- curse of the Bambino off of our shoul- had an enormous concern about in souri (Ms. DANNER), and the majority ders. It would be excellent, as well, if every aspect of telecommunications. for the way in which they treated us. I we can follow on and beat the Mets and How will these communications tech- think we have a nice, solid compromise get rid of the Bill Buckner curse as nologies impinge upon the privacy of package here for all of the Members to part of this week as well, but it is de- every American? support tonight. veloping as one of the best weeks I I have tried working with the major- Mr. Speaker, I reserve the balance of think that this Congress is going to ity to include a privacy provision in my time. have, at least from this Member’s per- every telecommunications bill that has Mr. TAUZIN. Mr. Speaker, I yield spective. passed through the House over the last myself such time as I may consume to I would also like to compliment the 5 years. This new ever-more sophisti- first take a second to compliment the gentleman from Virginia (Mr. BLILEY) cated location technology permits gentleman from Massachusetts on the and thank both of my colleagues for wireless carriers a greater ability to provision that he so eloquently spoke working closely with the gentleman physically pinpoint the geographic lo- about. His privacy provision is one that from Michigan (Mr. DINGELL) and my- cation of the caller. This is vital tech- he has fought for and we have agreed self and the other Democratic col- nology for locating people who may be upon extensively across the Committee leagues on our side of the aisle; as my in distress or in an accident, in situa- on Commerce philosophies, primarily colleagues know, the gentlewoman tions where emergency personnel must because it not only protects a person’s from Missouri (Ms. DANNER) has been quickly locate victims, treat injuries, privacy in the sense of someone selling very much identified with this legisla- and get them to respond, so that they that information, it also protects us tion right from the beginning. can get to a hospital. Yet, the same from Government knowing where you Mr. Speaker, the bill before us, S. 800, technology that can save lives also are going and what you are doing in is the Senate version of legislation poses privacy issues that must be dealt your life, so it keeps people protected that picks up on an effort that the gen- with simultaneously. from that kind of scrutiny. I think it tleman from Louisiana (Mr. TAUZIN) There is no question that informa- was equally important that this spearheaded last year to enhance the tion-rich location systems that do won- amendment be adopted for that pur- emergency 9–1–1 infrastructure of this ders to help save lives on our Nation’s pose. country for wireless communications. roadways also pose significant risks for Mr. Speaker, I am proud to yield It is the Senate version of House Bill compromising personal privacy. This is such time as he may consume to the 438 which was approved by the House because the technology also avails gentleman from Illinois (Mr. SHIMKUS), overwhelmingly earlier this year. wireless companies of the ability to lo- the author of the legislation in the This is a very timely endeavor given cate and track individual’s movements House and the father of a new son. the explosive growth of wireless com- throughout society, where you go for Mr. SHIMKUS. Mr. Speaker, I would munications in our country. Mr. your lunch break; where you drive on like to thank the chairman for the Speaker, as more and more Americans the weekends; the places you visit dur- kind words to my wife and family. We use wireless phones, wireless services ing the course of a week is your busi- briefly floated the name Billy Tauzin become less and less perceived as an ness. It is your private business, not in- Shimkus, briefly. We settled on Daniel, ancillary, discretionary service. With formation that wireless companies and as my son, David said, it is now over 70 million subscribers and with ought to collect, monitor, disclose, or Daniel in the Shimkus den, so he is some carriers dropping prices as much use without one’s approval. going to be prepared for a well time in as 30 percent in the last year alone, The privacy amendment that I suc- the family. wireless technology is a great success cessfully offered last year and which Mr. Speaker, I thank the gentleman story, and there is no question that was contained in H.R. 438 this year, as from Louisiana (Mr. TAUZIN), and the every day more consumers will increas- introduced, and is identical to the pro- gentleman from Virginia (Mr. BLILEY) ingly be relying on wireless technology visions subsequently adopted in the for their help and support. I also thank for both business and safety. the gentleman from Michigan (Mr. DIN- A natural result of the proliferation Senate is in the bill. It stipulates that GELL) and the gentleman from Massa- of these wireless phones is that many location information will not be used chusetts (Mr. MARKEY) for their help consumers will use them to call for by wireless carriers, except for 911 help and assistance in time of emer- emergency purposes, or with the ap- and support in working on this impor- gency. Indeed many wireless carriers proval of consumers for any other serv- tant issue. I also would like to recog- actively promote their services to con- ices. nize the gentlewoman from Missouri This is an opt-in for consumer pri- ANNER sumers as safety devices, and this re- (Ms. D ) for her constant historic vacy. The company has to get one’s emphasizes the need to make that aspect in this battle from my neigh- permission to use this information. promise a reality for wireless commu- boring State of Missouri, and I am sure They just cannot say well, they did not nications. she is excited about us coming to com- Both the House and Senate version of say we could not use it, so we are going pletion on one portion today. this bill seek to enhance public safety to let everybody in town buy where you I am very happy that the House has by making 9–1–1 the national public go, where you stop, the places you have decided to take up this bill, which is safety designated number. This is im- been. This is opt-in, and that is the the Senate version of my E–911 legisla- portant because in many jurisdictions way it should be. They should have to tion. It is a good bill and one which im- the emergency number wireless con- come to you and say we want to sell proves upon what was passed out of the sumers must call is something other this information to anyone who wants Committee on Commerce. Currently, there are over 68 million than 9–1–1. to buy it as to where you are going. Wherever your cell phone goes becomes wireless phone users in the United b 1800 a monitor of all of your activities. States. Many of these users bought The gentleman from Louisiana has Finally, the bill also extends liability their phone specifically for use in already pointed that out. That is con- protections to wireless carriers for emergency situations. Ironically, a fusing as people cross State bound- emergency calls equivalent to the pro- simple solution to a life-threatening aries, and unless it is changed, could tection accorded to States for wire situation becomes very complicated cost lives. Simply put, establishing 911 phone companies. Liability protection when some areas in the United States as the national emergency number for for wireless service is to be imple- do not use 911 as a cellular number for wireless calls is something that we be- mented on a State-by-State basis, mir- emergencies, and I recounted numerous lieve will save lives. roring the services protections ac- times just going over from my side of Secondly, the Senate bill also in- corded local telephone companies in the St. Louis metropolitan area from cludes a provision that I added as an such jurisdictions. Illinois over to Missouri and the Mason October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9861 Dixon Line of the Mississippi having as the universal cellular assistance want to compliment my dear friend, two different numbers and how critical number, and I hear a cellular ringing in the gentlewoman from Missouri (Ms. that could be at a time of emergency. the background. We can tell how preva- DANNER), for the extraordinary efforts At a time when studies have shown lent they are. she has made to continue to press for- that in an accident it is critical to re- Adoption of this bill will remove one ward for this legislation, having the ex- ceive care within 30 minutes in urban of the greatest obstacles to the effec- perience she has described in mind, and areas and 50 minutes in rural areas, it tive use of cellular telephones in emer- again my good friend, the gentleman is vital that we pass this legislation gency situations. from Illinois (Mr. SHIMKUS), for moving and get our constituents the care they I would like to take this opportunity it forward. need. Specifically, both the House and to share with my colleagues briefly a The one thing we are not doing in the Senate bills designate 911 as the true story that demonstrates the cur- this bill is addressing the question of national emergency number. Impor- rent limits of wireless phone service, a tower siting, and we have taken it out tantly, S. 800 includes provisions from story that might have ended dif- of the bill because it is still a very con- ferently if this law had been in place the House bill that were drafted by the troversial question that has to do with just a short time ago. gentleman from Massachusetts (Mr. local jurisdictions and zoning and what MARKEY) to protect consumer privacy. In 1997 on Thanksgiving Day, several months after I had introduced the leg- have you. But that problem poses a This legislation requires carriers to ob- real problem for many parts of our tain a customer’s express prior author- islation, a couple from Lenexa, Kansas, was driving south on U.S. 71 in south- country. ization before disclosing any location Right here in the Nation’s capital, information other than in an emer- western Missouri. This couple observed a minivan weaving through traffic, Rock Creek Parkway still does not gency situation. Unless this legislation have cellular service. So citizens in is enacted, there will be no protection driving at erratic speed, and crossing both the road’s shoulder and its center this area who are using that parkway, for a customer’s location information. women and men who are jogging in Additionally, this bill provides com- line. Using a cellular phone, the pas- senger tried to reach assistance. How- that park with their children, maybe parable liability protection for wireless subject to some unfortunate attack or and land line carriers with respect to ever, because she was not aware that the cellular emergency number in Mis- some problem with their health cannot nonemergency communications. Again, dial 911; they cannot dial anybody, be- I would like to thank the gentleman souri is *55, she was unable to reach as- sistance quickly because in her neigh- cause there is no cellular service. from Virginia (Mr. BLILEY), our full boring State, her home State of Kan- The gentleman from Massachusetts committee chairman; the gentleman sas, it is *47, and if one is on the Kan- (Mr. MARKEY) and I have been pressing from Louisiana (Mr. TAUZIN), my sub- sas turnpike, it is even different. the park agency for the agreement to committee chairman; and the ranking After attempting several different allow cellular service to come to Rock members of both the full committee numbers, she was finally able to reach Creek Parkway, but unfortunately, and the subcommittee. I urge my col- an operator who connected her to the after giving us promises of meeting leagues to support this important piece local police station. However, by that deadline after deadline after deadline, of legislation. time, it was too late. As the police there is still no agreement to authorize Mr. MARKEY. Mr. Speaker, I yield 4 were beginning to set up their road- minutes to the gentlewoman from Mis- tower siting for cellular service in block, the minivan, driven by an indi- Rock Creek Parkway. If we cannot get souri (Ms. DANNER), who played a crit- vidual, collided with an oncoming vehi- it done right next to the capital, imag- ical role in the passage of this legisla- cle containing a mother and her two- tion. ine how much trouble Americans all year-old child. It resulted in the death over the country are having getting Ms. DANNER. Mr. Speaker, I rise to of all three. express my support for S. 800, the Wire- cellular service established in places This tragic accident might have been where our own Government sometimes less Communications and Public Safe- avoided if the passenger in the Kansas ty Act. stands in the way. vehicle had been able to reach authori- Mr. Speaker, I wish that we had been This bill, which provides cellular ties on the first attempt. able to address that problem in this phone users nationwide with a single It is troubling that this tragic situa- bill. We were not. In order to get the reliable emergency cellular phone tion could occur almost anywhere in bill through these two bodies and on to number, will help to ensure that citi- our Nation. For example, the six States the President’s desk, it is so important zens can summon help, whether they between Kansas City and Washington, to get 911 out there and all the features are a block from home or thousands of D.C. have five different cellular assist- we have just described that we have miles away. ance numbers. In the United States as had to drop that important feature of I have just had some very exciting in- a whole, there are as many as 15 dif- tower siting. But my friend from Mas- formation too with regard to my fam- ferent numbers. Besides making it sachusetts and I will continue this ily, and an upcoming birth that is easier for citizens to report aggressive fight to see to it that one day Rock going to be taking place in the spring, or impaired drivers, this bill will also Creek Parkway has cellular service and so I too am a little excited about chil- enhance an individual’s ability to sum- that other parks and recreational areas dren this evening. mon help whenever needed, for exam- of the country similarly get the right Wireless technology has helped to ple, when a person might be lost, in- to have that sort of safety protection simplify or, in some cases complicate jured, or otherwise disabled in a se- for the citizens who use those parks. our lives; but one important contribu- cluded area. Such action would provide tion of cellular telephones is the abil- people with additional peace of mind. ity to improve public safety. Cellular I urge all of my colleagues to vote in b 1815 phones greatly increase the ability of favor of this important public safety individuals without access perhaps to Mr. MARKEY. Mr. Speaker, will the legislation. It will literally save lives. gentleman yield? wire phones at the time to quickly re- Mr. TAUZIN. Mr. Speaker, could I in- port accidents or other emergencies quire as to how much time is remain- Mr. TAUZIN. I yield to the gen- and to help speed the arrival of assist- ing. tleman from Massachusetts. ance. The SPEAKER pro tempore (Mr. Mr. MARKEY. Mr. Speaker, the gen- In March of 1997, 21⁄2 years ago, I in- UPTON). The gentleman from Louisiana tleman put his finger right on the prob- troduced legislation that would stand- (Mr. TAUZIN) has 11 minutes remaining; lem. I do not think we want people ardize State cellular emergency num- the gentleman from Massachusetts driving around, driving up Rock Creek bers. Earlier this year, I introduced a (Mr. MARKEY) has 81⁄2 minutes remain- without an E–911 signal. That is what similar bill to accomplish the same ing. we have right now. It would be very goal. I am pleased that the bill we will Mr. TAUZIN. Mr. Speaker, I yield helpful if down the line we are able to vote upon and hopefully pass today in- myself such time as I may consume. resolve these tensions that exist be- cludes, among its many other impor- Mr. Speaker, this bill addresses a tween environmental concerns and tant provisions, the designation of 911 great many problems simultaneously. I telecommunications technology, but H9862 CONGRESSIONAL RECORD — HOUSE October 12, 1999 ultimately, we have to harmonize the simply levels the playing field between and role model for the rest of the coun- policies to ensure that Americans are the two carriers. try in deploying and implementing E– able to get the best of both, which Congress has the opportunity today, 911. I applaud all localities that are right now I think they are being de- and I look forward to joining with col- taking this extra step toward imple- nied. leagues on both sides of the aisle, to menting this in our communities. Mr. TAUZIN. I thank the gentleman. open access to emergency services any- The ultimate goal in S. 811 is to de- In this case, Mr. Speaker, the cel- where in this country. Whether it is on ploy an end-to-end seamless wireless lular service provider has agreed to put a gridlocked highway or in the middle safety network that will save lives. the cellular service antennas onto al- of a national park, emergency service There are some obstructions we need ready existing towers at the tennis will never be out of reach. to overcome. I am glad my colleague, center. We would think that would be I thank the gentlewoman from Mis- the gentleman from Massachusetts, fine, and we would have cellular serv- souri (Ms. DANNER), the gentleman was able to get his privacy amendment ice for this park. We still cannot get from Louisiana (Mr. TAUZIN), I thank in there, because there are times that those approved. the jump-shooting gentleman from we want to know where we are at, par- It is an example of a problem that ex- Massachusetts (Mr. MARKEY), and the ticularly in an emergency, but also we ists all over America, and unfortu- gentleman from Illinois (Mr. SHIMKUS). do not want Big Brother looking over nately, we do not cure it in this bill, I look forward to being part of the vote our shoulders, so I am glad that hope- but we are not through in our efforts to in favor of the Wireless Communica- fully was addressed. get service for Rock Creek Parkway. tions and Public Safety Act of 1999. Currently, wireless emergency calls I know the gentleman from Massa- Mr. MARKEY. Mr. Speaker, I yield do not include location information. chusetts will not give up, anymore myself such time as I may consume. Location information allows a wireless than I will give up in that effort. Mr. Speaker, I would only point out 911 call to be located on a map within Mr. Speaker, I reserve the balance of that in order to have a jump shot, we 100 meters of the actual call. S–800 en- my time. must be able to get off the ground. I forces current FEC rules that call for Mr. MARKEY. Mr. Speaker, I yield 2 would like to have the gentleman have Automatic Information Location to be minutes to the gentleman from Ten- an opportunity to revise and extend so put in place by October 1, 2001. It elimi- nessee (Mr. FORD), that eloquent force- that he can correct any erroneous im- nates the barriers to installing wireless ful advocate. pression that he may have left with the location technology, and assists emer- Mr. FORD. Mr. Speaker, the gen- listening audience here today with re- gency medical and public safety com- tleman from Massachusetts (Mr. MAR- gard to my jumping ability. munities to respond to calls for help. KEY) is very kind. He has defined his Mr. Speaker, I yield 2 minutes to the Mr. Speaker, in response, and the jump shot on this side of the aisle. We gentleman from Houston, Texas (Mr. gentleman has heard it in our com- thank him for that. My thanks to the GREEN), the illustrious legislator and mittee hearing, last spring I was going gentleman from Louisiana (Mr. TAU- another luminary in the firmament of through a number of States, including ZIN), to the gentleman from Massachu- jump-shooting basketball players in Louisiana, Mississippi, Alabama, Ten- setts (Mr. MARKEY), and to the chair- Congress. nessee, and Virginia. I did not realize man, the gentleman from Illinois (Mr. (Mr. GREEN of Texas asked and was how many States had different num- SHIMKUS), and to the gentleman from given permission to revise and extend bers than 911. So if nothing else, this Virginia (Chairman BLILEY) and to the his remarks.) bill will do that, but it does a lot more. ranking member, the gentleman from Mr. GREEN of Texas. Mr. Speaker, I Mr. MARKEY. Mr. Speaker, I yield Michigan (Mr. DINGELL) and the gentle- thank my colleague for yielding time myself such time as I may consume. woman from Missouri (Ms. DANNER). I to me. Mr. Speaker, I would correct the gen- thank them for all they have done. Mr. Speaker, I am glad the gen- tleman from Houston, it is Massachu- Mr. Speaker, S. 800 is a major ad- tleman corrected or at least gave my setts, rather than Massatusetts. We are vancement in our ability to use all our friend, the gentleman from Tennessee very sensitive to that as we head into communication abilities to save lives (Mr. FORD), the opportunity to correct the Yankee Series. Mr. Speaker, we and report crimes. This bill designates himself. The gentleman from Massa- recommend to the full House that this 911 as the universal emergency tele- chusetts (Mr. MARKEY) and I both lost bill be accepted. phone number and replaces the con- our jump shot about 30 years ago. Mr. BLILEY. Mr. Speaker, I am pleased that fusing codes and alternative numbers Mr. FORD. Mr. Speaker, will the gen- we have the opportunity today to complete a that wireless networks have been tleman yield? project that has been a high priority for the forced to use. Mr. GREEN of Texas. I yield to the Commerce Committee since December of last The bill upgrades conventional gentleman from Tennessee. year. S. 800 is sound public policy that will wireline services in areas which do not Mr. FORD. Mr. Speaker, the gen- have a positive impact on the lives of all have the funds to upgrade their serv- tleman does have a set shot. Americans for years to come. While the ices. Mr. GREEN of Texas. I stand cor- changes contained in the bill are rather small Under current law, wireless operators rected. compared to some bills we consider in the cannot respond to some emergency I am glad to be here, Mr. Speaker, House, the impact will be very significant to calls because they are not allowed to with both my colleague, the gentleman the lives and safety of our constituents. process pertinent location information. from Louisiana (Mr. TAUZIN), the chair- Let me start by thanking the other body for This legislation, as the gentleman from man of the Subcommittee on Tele- their work on this issue. Last Congress, the Illinois has said, will expand the cur- communications, Trade, and Consumer Commerce Committee considered a similar bill rent definition of customer proprietary Protection, and the ranking member in led by my good friend from Louisiana, Mr. network information to include local support of S. 800. TAUZIN, that did not make it to the House floor. information. For over 68 million wireless sub- This Congress we were able to bring a new However, it states clearly that a pro- scribers, wireless communications is bill, H.R. 438, led by my good friend from Illi- vider must obtain the express prior au- often the critical link in emergency nois, Mr. SHIMKUS, to the House floor with thorization before a carrier can use lo- and accident situations. overwhelming support. This work became the cation information, other than in an Mr. Speaker, from the city of Hous- basis for the other body's effort on this issue. emergency situation. ton, our Greater Harris County Emer- The result is S. 800, which slightly modifies By extending the current liability gency Network has taken great strides and improves the House product without alter- protection which exists for landline in implementing E–911 services. Over ing the underlying concepts. carriers to wireless carriers, the legis- the past year in Houston, Texas, the S. 800 will resolve once and for all the tele- lation makes sure that our liability emergency service has been conducting phone number people need to dial in order to statutes keep pace with ever-changing a test of an actual E–911 network with get emergency personnel. The bill establishes technology. The bill does not give wire- simulated 911 wireless calls. The test 911 as the universal emergency number for less providers greater protection. It has met with great success, and the both wireless and wireline telecommunications does not change rules for land lines. It city’s action has made them a leader services. In many parts of our nation, the October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9863 seemingly ubiquitous telephone number, 911, of the public safety community, including the by the body into GHB. Illicit use of these and is not the number used by the local commu- ComCARE Alliance, for continuing to remind other GHB analogues and precursor chemicals is nity for emergencies. What seems like such a us that these simple reforms will be so helpful a significant and growing law enforcement problem. simple concept has not been implemented uni- to the safety of Americans. I ask that a letter (5) A human pharmaceutical formulation of formly throughout the nation. This situation sent to me by the ComCARE Alliance on this gamma hydroxybutyric acid is being developed causes consumer confusion that can delay or bill be made part of the RECORD. as a treatment for cataplexy, a serious and de- prevent emergency personnel from reaching I urge all Members to support passage of bilitating disease. Cataplexy, which causes sud- people in need. For instance, there are ap- the bill. den and total loss of muscle control, affects proximately 15 emergency numbers used Mr. MARKEY. Mr. Speaker, I have no about 65 percent of the estimated 180,000 Ameri- around the country for wireless calls. These further requests for time, and I yield cans with narcolepsy, a sleep disorder. People range from 911 to *55, #77, to the acronym of back the balance of my time. with cataplexy often are unable to work, drive a car, hold their children or live a normal life. the State highway police, to the local sheriff or Mr. TAUZIN. Mr. Speaker, asking all SEC. 3. ADDITION OF GAMMA HYDROXYBUTYRIC police department. Members to join us in this bill, I have ACID AND KETAMINE TO SCHEDULES Think about the typical American experience no further requests for time, and I OF CONTROLLED SUBSTANCES; of taking a family vacation. When you are out yield back the balance of my time. GAMMA BUTYROLACTONE AS ADDI- on the roads of America with your family and The SPEAKER pro tempore (Mr. TIONAL LIST I CHEMICAL. (a) ADDITION TO SCHEDULE I.— you see an accident or get involved in an acci- SHIMKUS). The question is on the mo- (1) IN GENERAL.—Section 202(c) of the Con- dent yourself, how do you get help for your tion offered by the gentleman from trolled Substances Act (21 U.S.C. 812(c)) is loved ones if you don't know how to reach Louisiana (Mr. TAUZIN) that the House amended by adding at the end of schedule I the emergency personnel? Take a moment to suspend the rules and pass the Senate following: imagine trying to get emergency help on an bill, S. 800. ‘‘(d) Unless specifically excepted or unless list- interstate highway when you are not certain of The question was taken. ed in another schedule, any material, com- your precise location and you may have no Mr. TAUZIN. Mr. Speaker, on that I pound, mixture, or preparation, which contains idea of what number that State has adopted to demand the yeas and nays. any quantity of the following substance having call emergency personnel. These scenarios The yeas and nays were ordered. a depressant effect on the central nervous sys- The SPEAKER pro tempore. Pursu- tem, or which contains any of their salts, iso- are real and they happen every day. mers, and salts of isomers whenever the exist- Thankfully we are making the thoughtful de- ant to clause 8 of rule XX and the ence of such salts, isomers, and salts of isomers cision through this bill that there should be Chair’s prior announcement, further is possible within the specific chemical designa- one number for consumers to dial to reach proceedings on this motion will be tion: emergency personnel. This will remove the di- postponed. ‘‘(1) Gamma hydroxybutyric acid.’’. aling guessing game and help improve the f (2) SECURITY OF FACILITIES.—For purposes of safety of our citizens. any requirements that relate to the physical se- S. 800 also provides liability parity between HILLORY J. FARIAS DATE-RAPE curity of registered manufacturers and reg- wireline and wireless carriers. Wireless car- PREVENTION DRUG ACT OF 1999 istered distributors, gamma hydroxybutyric acid and its salts, isomers, and salts of isomers man- riers have made a compelling case as to why Mr. UPTON. Mr. Speaker, I move to ufactured, distributed, or possessed in accord- liability parity is justified in this limited instance suspend the rules and pass the bill ance with an exemption approved under section and how public safety will be enhanced if it is (H.R. 2130) to amend the Controlled 505(i) of the Federal Food, Drug, and Cosmetic enacted. The public safety community is also Substances Act to add gamma hydrox- Act shall be treated as a controlled substance in strongly supporting this provision recognizing ybutyric acid and ketamine to the schedule III under section 202(c) of the Con- that the deployment of wireless location tech- schedules of controlled substances, to trolled Substances Act. nology is being stalled because wireless com- provide for a national awareness cam- (b) ADDITION TO SCHEDULE III.—Schedule III panies are correctly concerned about their ex- paign, and for other purposes, as under section 202(c) of the Controlled Sub- stances Act (21 U.S.C. 812(c)) is amended in posure to lawsuit for trying to improve the amended. (b)— safety of their systems. With over 100,000 The Clerk read as follows: (1) by redesignating (4) through (10) as (6) wireless emergency calls being placed each H.R. 2130 through (12), respectively; day, pinpointing the exact location of wireless Be it enacted by the Senate and House of Rep- (2) by redesignating (3) as (4); calls will be extremely helpful in improving resentatives of the United States of America in (3) by inserting after (2) the following: emergency response time. Liability protection Congress assembled, ‘‘(3) Gamma hydroxybutyric acid and its salts, isomers, and salts of isomers contained in a drug will help facilitate the deployment of such tech- SECTION 1. SHORT TITLE. product for which an application has been ap- This Act may be cited as the ‘‘Hillory J. nology. proved under section 505 of the Federal Food, Farias Date-Rape Prevention Drug Act of 1999’’. Lastly, S. 800 will provide privacy protec- Drug, and Cosmetic Act.’’; and tions for consumers in the use of subscriber SEC. 2. FINDINGS. (4) by inserting after (4) (as so redesignated) call location information. As call location infor- The Congress finds as follows: the following: mation technologies are deployed, it is equally (1) Gamma hydroxybutyric acid (also called G, ‘‘(5) Ketamine and its salts, isomers, and salts important that we ensure that this information Liquid X, Liquid Ecstasy, Grievous Bodily of isomers.’’. is treated confidentially. It is not appropriate to Harm, Georgia Home Boy, Scoop) has become a (c) ADDITIONAL LIST I CHEMICAL.—Section significant and growing problem in law enforce- let government or commercial parties collect 102(34) of the Controlled Substances Act (21 ment. At least 20 States have scheduled such U.S.C. 802(34)) is amended— such information or keep tabs on the exact lo- drug in their drug laws and law enforcement of- (1) by redesignating subparagraph (X) as sub- cation of individual subscribers. S. 800 will en- ficials have been experiencing an increased pres- paragraph (Y); and sure that such call location information is not ence of the drug in driving under the influence, (2) by inserting after subparagraph (W) the disclosed without the authorization of the user, sexual assault, and overdose cases, especially at following subparagraph: except in emergency situations, and only to night clubs and parties. ‘‘(X) Gamma butyrolactone.’’. specific personnel. (2) A behavioral depressant and a hypnotic, (d) RULE OF CONSTRUCTION REGARDING CON- These are well thought-out, well-vetted con- gamma hydroxybutyric acid (‘‘GHB’’) is being TROLLED SUBSTANCE ANALOGUES.—Section cepts that have received broad bipartisan sup- used in conjunction with alcohol and other 102(32) of the Controlled Substances Act (21 drugs with detrimental effects in an increasing U.S.C. 802(32)) is amended— port. number of cases. It is difficult to isolate the im- (1) by redesignating subparagraph (B) as sub- I want to thank all Members that have pact of such drug’s ingestion since it is so typi- paragraph (C); and helped us get where we are today. I especially cally taken with an ever-changing array of (2) by inserting after subparagraph (A) the want to thank Senators BURNS, MCCAIN, and other drugs and especially alcohol, which following subparagraph: HOLLINGS, and their staffs for the work that potentiates its impact. ‘‘(B) The designation of gamma butyrolactone went into S. 800. I also want to thank the rel- (3) GHB takes the same path as alcohol, proc- or any other chemical as a listed chemical pur- evant industry parties involved, including the esses via alcohol dehydrogenase, and its symp- suant to paragraph (34) or (35) does not pre- U.S. wireless companies and their trade asso- toms at high levels of intake and as impact clude a finding pursuant to subparagraph (A) of builds are comparable to alcohol ingestion/in- ciationsÐthe Cellular Telecommunications In- this paragraph that the chemical is a controlled toxication. Thus, aggression and violence can be substance analogue.’’. dustry Association and the Personal Commu- expected in some individuals who use such drug. (e) PENALTIES REGARDING SCHEDULE I.— nications Industry AssociationÐfor their con- (4) If taken for human consumption, common (1) IN GENERAL.—Section 401(b)(1)(C) of the tinued support and helpful suggestions. It is industrial chemicals such as gamma butyro- Controlled Substances Act (21 U.S.C. also important that we recognize the fine work lactone and 1.4-butanediol are swiftly converted 841(b)(1)(C)) is amended in the first sentence by H9864 CONGRESSIONAL RECORD — HOUSE October 12, 1999 inserting after ‘‘schedule I or II,’’ the following: ence of gamma hydroxybutyric acid and related There was no objection. ‘‘gamma hydroxybutyric acid in schedule III,’’. substances. Mr. UPTON. Mr. Speaker, I ask unan- (2) CONFORMING AMENDMENT.—Section SEC. 6. ANNUAL REPORT REGARDING DATE-RAPE imous consent that the gentleman 401(b)(1)(D) of the Controlled Substances Act (21 DRUGS; NATIONAL AWARENESS CAM- from Ohio (Mr. CHABOT) be recognized U.S.C. 841(b)(1)(D)) is amended by inserting PAIGN. ‘‘(other than gamma hydroxybutyric acid)’’ (a) ANNUAL REPORT.—The Secretary of Health to control half of my time, or 10 min- after ‘‘schedule III’’. and Human Services (in this section referred to utes. (f) DISTRIBUTION WITH INTENT TO COMMIT as the ‘‘Secretary’’) shall periodically submit to The SPEAKER pro tempore. Is there CRIME OF VIOLENCE.—Section 401(b)(7)(A) of the the Congress reports each of which provides an objection to the request of the gen- Controlled Substances Act (21 U.S.C. estimate of the number of incidents of the abuse tleman from Michigan? 841(b)(7)(A)) is amended by inserting ‘‘or con- of date-rape drugs (as defined in subsection (c)) There was no objection. trolled substance analogue’’ after ‘‘distributing that occurred during the most recent one-year Mr. UPTON. Mr. Speaker, I yield my- a controlled substance’’. period for which data are available. The first such report shall be submitted not later than self such time as I may consume. SEC. 4. AUTHORITY FOR ADDITIONAL REPORTING Mr. Speaker, I rise in support of H.R. REQUIREMENTS FOR GAMMA HY- January 15, 2000, and subsequent reports shall DROXYBUTYRIC PRODUCTS IN be submitted annually thereafter. 2130. I particularly want to appreciate SCHEDULE III. (b) NATIONAL AWARENESS CAMPAIGN.— the good work of the gentleman from Section 307 of the Controlled Substances Act (1) DEVELOPMENT OF PLAN; RECOMMENDATIONS Virginia (Chairman BLILEY) and the (21 U.S.C. 827) is amended by adding at the end OF ADVISORY COMMITTEE.— gentleman from Florida (Chairman the following: (A) IN GENERAL.—The Secretary, in consulta- tion with the Attorney General, shall develop a BILIRAKIS), both of whom would be here ‘‘(h) In the case of a drug product containing except for subcommittee hearings gamma hydroxybutyric acid for which an appli- plan for carrying out a national campaign to cation has been approved under section 505 of educate individuals described in subparagraph going on. the Federal Food, Drug, and Cosmetic Act, the (B) on the following: I thank my colleagues, all of the Attorney General may, in addition to any other (i) The dangers of date-rape drugs. Michigan delegation, and in particular, requirements that apply under this section with (ii) The applicability of the Controlled Sub- the gentleman from Michigan (Mr. stances Act to such drugs, including penalties respect to such a drug product, establish any of STUPAK) who serves with me on the the following as reporting requirements: under such Act. (iii) Recognizing the symptoms that indicate Committee on Commerce, for his dili- ‘‘(1) That every person who is registered as a an individual may be a victim of such drugs, in- gent work on this effort, and the gen- manufacturer of bulk or dosage form, as a pack- cluding symptoms with respect to sexual assault. tlewoman from Texas (Ms. JACKSON- ager, repackager, labeler, relabeler, or dis- (iv) Appropriately responding when an indi- tributor shall report acquisition and distribution LEE) for her fine efforts, and obviously vidual has such symptoms. the gentleman from Michigan (Mr. DIN- transactions quarterly, not later than the 15th (B) INTENDED POPULATION.—The individuals GELL) as well. day of the month succeeding the quarter for referred to in subparagraph (A) are young which the report is submitted, and annually re- adults, youths, law enforcement personnel, edu- I also want to compliment Senator port end-of-year inventories. cators, school nurses, counselors of rape victims, ABRAHAM, who has introduced similar ‘‘(2) That all annual inventory reports shall and emergency room personnel in hospitals. legislation in the Senate, as well as be filed no later than January 15 of the year fol- (C) ADVISORY COMMITTEE.—Not later than 180 Chairman HATCH, chairman of the lowing that for which the report is submitted days after the date of the enactment of this Act, Committee on the Judiciary in the and include data on the stocks of the drug prod- the Secretary shall establish an advisory com- uct, drug substance, bulk drug, and dosage Senate, as he has apparently indicated mittee to make recommendations to the Sec- that they want to move fairly quickly forms on hand as of the close of business Decem- retary regarding the plan under subparagraph ber 31, indicating whether materials reported (A). The committee shall be composed of individ- in the Senate with hearings and action are in storage or in process of manufacturing. uals who collectively possess expertise on the ef- over there very soon, perhaps as early ‘‘(3) That every person who is registered as a fects of date-rape drugs and on detecting and as next week. manufacturer of bulk or dosage form shall re- controlling the drugs. Mr. Speaker, I was a relatively new port all manufacturing transactions both inven- (2) IMPLEMENTATION OF PLAN.—Not later than chairman of the Subcommittee on tory increases, including purchases, transfers, 180 days after the date on which the advisory Oversight and Investigations in the and returns, and reductions from inventory, in- committee under paragraph (1) is established, cluding sales, transfers, theft, destruction, and Committee on Commerce this last the Secretary, in consultation with the Attorney year. There were two stories in Michi- seizure, and shall provide data on material General, shall commence carrying out the na- manufactured, manufactured from other mate- tional campaign under such paragraph in ac- gan that prevailed in a major way last rial, use in manufacturing other material, and cordance with the plan developed under such January. use in manufacturing dosage forms. paragraph. The campaign may be carried out One was the terrible cold and snow. ‘‘(4) That all reports under this section must directly by the Secretary and through grants The high temperature I think in my include the registered person’s registration num- and contracts. part of the State was about 20 below ber as well as the registration numbers, names, (3) EVALUATION BY GENERAL ACCOUNTING OF- for about 11⁄2 weeks. The other story and other identifying information of vendors, FICE.—Not later than two years after the date was a very sad story about two teenage suppliers, and customers, sufficient to allow the on which the national campaign under para- Attorney General to track the receipt and dis- graph (1) is commenced, the Comptroller General women from the district of the gen- tribution of the drug. of the United States shall submit to the Congress tleman from Michigan (Mr. DINGELL) ‘‘(5) That each dispensing practitioner shall an evaluation of the effects with respect to date- who went to a party and, sadly, some- maintain for each prescription the name of the rape drugs of the national campaign. one allegedly laced their soft drinks prescribing practitioner, the prescribing practi- (c) DEFINITION.—For purposes of this section, with a date-rape drug called GHB or tioner’s Federal and State registration numbers, the term ‘‘date-rape drugs’’ means gamma hy- GBL. One of those women died. It was with the expiration dates of these registrations, droxybutyric acid and its salts, isomers, and a nightmare, a nightmare that no fam- verification that the prescribing practitioner salts of isomers and such other drugs or sub- possesses the appropriate registration to pre- stances as the Secretary, after consultation with ily wants to experience or get that scribe this controlled substance, the patient’s the Attorney General, determines to be appro- phone call. name and address, the name of the patient’s in- priate. I did not know very much about date surance provider and documentation by a med- The SPEAKER pro tempore. Pursu- rape drugs, and I thought, as the new ical practitioner licensed and registered to pre- ant to the rule, the gentleman from chairman of the subcommittee, that we scribe the drug of the patient’s medical need for ought to have a look at it. We called a the drug. Such information shall be available Michigan (Mr. UPTON) and the gen- tleman from Ohio (Mr. BROWN) each number of witnesses. In fact, we heard for inspection and copying by the Attorney Gen- from a victim from this area, the eral. will control 20 minutes. ‘‘(6) That section 310(b)(3) (relating to mail The Chair recognizes the gentleman Washington-Virginia-Maryland area, a order reporting) applies with respect to gamma from Michigan (Mr. UPTON). woman who at the age of 14 or 15 had hydroxybutyric acid to the same extent and in GENERAL LEAVE had her soft drink laced with this same the same manner as such section applies with Mr. UPTON. Mr. Speaker, I ask unan- type of drug. She was a serious victim respect to the chemicals and drug products spec- imous consent that all Members may of sexual assault. She, thank goodness, ified in subparagraph (A)(i) of such section.’’. have 5 legislative days within which to lived, but it was an experience that no SEC. 5. DEVELOPMENT OF FORENSIC FIELD family wants to experience. TESTS FOR GAMMA HYDROXY- revise and extend their remarks on BUTYRIC ACID. H.R. 2130. Mr. Speaker, we heard in August The Attorney General shall make a grant for The SPEAKER pro tempore. Is there from the Kansas City TV station, the development of forensic field tests to assist objection to the request of the gen- where they thought that perhaps as law enforcement officials in detecting the pres- tleman from Michigan? many as 6,000 or 7,000 cases of date rape October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9865 drugs had happened in the greater Kan- gentlewoman from Texas (Ms. JACK- volvement in a crime or situation with- sas City area, and they were very inter- SON-LEE) and the gentlewoman from out laboratory testing. ested in watching this legislation move Michigan (Ms. STABENOW). This bill also recognizes that well-de- forward. I heard from a mom in Ohio Mr. STUPAK. I thank the gentleman signed legislative efforts should not whose daughter’s bottled water had for yielding time to me, Mr. Speaker. throw out the baby with the bath been laced with this stuff and she was Mr. Speaker, I rise in strong support water, so to speak. By this, I mean that on life support, the daughter. of H.R. 2130, the Hillory T. Varias Date- the abusive use of GHB we have been As we found out a little bit about Rape Prevention Drug Act of 1999. focusing on should not prevent possible this drug, we found that it was odor- As many of my colleagues know, legitimate or beneficial uses of this less, colorless, tasteless, and it is vir- with my background in law enforce- drug. For example, GHB has shown tually available on every college cam- ment, I have been concerned with the considerable promise for the treatment pus across the country. We found out problem of drug abuse and date rape. In of narcolepsy. Specifically, this drug that on the Internet, virtually anyone fact, the first bill that I ever passed in could benefit the approximately 30,000 with a credit card could get this stuff the U.S. Congress in 1993 was the people who suffer from a form of for as little as $20 overnight. Chemical Diversion Act of 1993, which cataplexy or a sudden loss of muscle Mr. Speaker, this is a nightmare that wiped out cat or methcatadone, as we control. needs to end. We found out that be- call it. Good public policy recognizes these cause of a number of loopholes in a But in addition to this and other ef- patients and the important research number of States, these drugs were ac- forts, we are here today on H.R. 2130, as which is being done attempting to ad- tually legal. They were legitimate. We amended. We did a lot of work in com- dress their serious medical concerns. found out that those States would try mittee. We put my substitute as the H.R. 2130 places GHB into Schedule I; as hard as they may to try and ban committee bill, and it is a product of a but when it is approved by the FDA for some of these drugs. With a simple lot of compromise worked out by nu- medical use, it will then move to a change in the chemical balance of merous parties in the Committee on Schedule III with Schedule I criminal these drugs, it could be made from Commerce and the Committee on the penalties. It allows an exemption from GHB to GBL to who knows what, and Judiciary to address the concerns and the security requirements imposed for the circumstance would be the same. needs of both law enforcement and pa- Schedule I controlled substances, Mr. Speaker, this legislation that I tients. which will allow the manufacturers of introduced, along with my colleagues, By scheduling GHB, we will be giving medical-grade GHB to continue their the gentlemen from Michigan, Mr. STU- the Drug Enforcement Agency strong research without the need to construct PAK and Mr. DINGELL, the gentleman controls over the drug and allow them an expensive vault for storage of the from Virginia (Mr. BLILEY), and the to combat the rampant abuse of this product. gentleman from Florida (Mr. BILI- drug which we are currently seeing. This bill also allows patients to re- RAKIS), closes the door on these drugs. b 1830 ceive their drugs directly from the It makes them a Schedule I. It will Just a few months ago, five Lake manufacturer, because it places a take it, I hope, off the Internet. medically-approved GHB drug auto- It will make sure that on college City teenagers were brought into the matically into Schedule III. campuses, in high schools across the emergency room in convulsions and de- Mr. Speaker, a lot of work has gone country, that there will be a force that scribed as comatose due to the over- into reaching this bipartisan legisla- the law enforcement agencies will have dose of GHB. Even more recently, Octo- tion. I want to thank the gentlewoman where they can take this stuff off the ber 1 of this year, article right here from Texas (Ms. JACKSON-LEE) for her street and save families from the about eight Ann Arbor University of work on this issue. I want to thank the nightmares that they would otherwise Michigan students up in the hospital chairman of the Committee on Com- have. over the weekend because of taking merce, the gentleman from Virginia We heard testimony that perhaps as GHB that was slipped into their drinks (Mr. BLILEY), as well as my good friend, many as 90 kids have died in the last while they were out partying in Ann the gentleman from Michigan (Mr. couple of years because of these drugs, Arbor. UPTON) of the Subcommittee on Over- and certainly thousands and thousands Not only in Michigan, Mr. Speaker, sight, Investigations and Emergency of cases of abuse across the country. In but all over the country this drug is Management for holding the first hear- many cases, when these kids, women, spreading in popularity. I know my col- ing on this matter, and the gentleman are brought to the ER rooms, the hos- league, from the gentleman from from Florida (Mr. BILIRAKIS) who were pital has no idea what might have Michigan (Mr. UPTON), estimated 90 crucial in moving this bill through the struck these kids because it is natural, people. Even modest estimates put it Committee on Commerce. in many cases. In many cases these at 32 people have died from exposure to drugs are a naturally-produced sub- this drug, most of them because it has Finally and most heartfelt, I would stance with a relatively short half-life, been dangerously mixed with alcohol. like to thank the gentleman from and without knowing specifically what Countless others have overdosed or Michigan (Mr. DINGELL), as well as the to look for in this stuff, the ER room suffered rape as a result of this unpre- gentleman from Ohio (Mr. BROWN), the misses it and perhaps that child dies. dictable and uncontrolled substance. gentleman from Pennsylvania (Mr. Mr. Speaker, I would urge my col- Furthermore, GHB is one of the first KLINK), and the gentlewoman from leagues to support this legislation. drugs in which the recipe for manufac- Michigan (Ms. STABENOW) for working Mr. Speaker, I reserve the balance of ture at home was widely available over with us on our side to move this bill. my time. the Internet. People were literally I urge the House to pass this bill so Mr. BROWN of Ohio. Mr. Speaker, I cooking up the drug in their house by we can prevent more deaths from the ask unanimous consent to yield 10 min- obtaining the ingredients and instruc- misuse of this dangerous substance, utes to the gentlewoman from Texas tions over the Internet. and I urge the other body to move this (Ms. JACKSON-LEE) for her to control on H.R. 2130 addressed this issue by re- legislation expeditiously. behalf of the Committee on the Judici- quiring tracking and reporting of pos- Mr. CHABOT. Mr. Speaker, I yield ary. sible misuse of GBL and other pre- myself such time as I may consume. The SPEAKER pro tempore. Is there cursor chemicals. Mr. Speaker, I rise in strong support objection to the request of the gen- Finally, the bill requires the Depart- of H.R. 2130. One of the most pernicious tleman from Ohio? ment of Justice to develop a forensic recent developments in our Nation’s There was no objection. test to aid law enforcement officials in battle against illegal drug use is the Mr. BROWN of Ohio. Mr. Speaker, I determining when GHB or a GHB-re- emergence of so-called date rape drugs. yield such time as he may consume to lated compound is involved in a crimi- These drugs are being used by sexual the gentleman from Michigan (Mr. nal activity. This will be helpful to law predators to incapacitate their victims STUPAK), the sponsor of the bill who enforcement officials who currently before they are sexually assaulted. has worked tirelessly on this with the have no way of determining GHB’s in- Many of these drugs are odorless and H9866 CONGRESSIONAL RECORD — HOUSE October 12, 1999 tasteless as the gentleman from Illi- Mr. Speaker, H.R. 2130 is another and again in 1998 and in 1999, and I have nois has already mentioned, and they good example of how this Congress and continued to advocate for its passage dissolve quickly and easily in alcohol. recent Congresses are working both to prevent women from being victim- Alcohol enhances the drug’s intoxi- smarter and harder to combat the ized by date rape drugs. cating effect and leaves the victim ut- scourge of illegal drugs. Hillory J. Farias was a 17-year-old terly helpless. What makes the use of Mr. Speaker, I reserve the balance of high school student, model student and these drugs even more contemptible is my time. varsity volleyball player, who died as a that the victims are likely to suffer Ms. JACKSON-LEE of Texas. Mr. result of GHB slipped in her soft drink. memory loss, and this makes it vir- Speaker, I yield myself such time as I It was at this time that her family re- tually impossible for them to recount may consume. fused to believe that she died of a self- to law enforcement officers the cir- (Ms. JACKSON-LEE of Texas asked induced drug overdose, and in their cumstances surrounding the assault. and was given permission to revise and persistence they had the new Harris These victims suffer the knowledge extend her remarks.) County medical center, Dr. Joy Carter, that they have been sexually assaulted, Ms. JACKSON-LEE of Texas. Mr. to again retest or reexamine and deter- but they just cannot remember the de- Speaker, over this past weekend we mine the death or the reason of the tails or explain how it happened and lost 6 young people in a tragic accident death of Hillory J. Farias. that makes it virtually impossible to near College Station, and before I Her family now, Lydia Farias, her prosecute many of these cases, and begin my remarks I would like to offer grandmother; and Ray Farias, her that is why they are particularly hei- my sympathy to their families and grandfather; Rubin Farias, her uncle; nous. their universities. Rosey Farias, her mother; and H.R. 2130 builds on past efforts by the Any time we lose young people, it is Hernando Farias, her uncle have gath- Committee on Commerce and the Com- a tragedy and that is why this bill is so ered throughout these 3 years to per- mittee on the Judiciary to address the particularly important to those of us sist in finding some truth to what hap- problem of date rape drugs. In 1998, a in Texas and around this country. So I pened to Hillory but also to help pass bill I introduced, the Controlled Sub- am pleased to stand here today in this legislation so that it could not stances Trafficking Prohibition Act, strong support of the Hillory J. Farias happen to others again. passed both the House and the Senate Date-Rape Preservation Act of 1999, Hillory and two of her girlfriends and was signed into law by the Presi- and I was delighted this summer to went out to a club where they con- dent. H.R. 2366 closed a gaping loophole join the members of the Committee on sumed only soft drinks. At some point in U.S. drug policy, the so-called per- Commerce, the gentleman from Michi- during the evening, GHB was slipped sonal use exemption to the Controlled gan (Mr. UPTON), the gentleman from into Hillory’s drink and soon after- Substances Act that allowed American Michigan (Mr. STUPAK), and the gen- wards Hillory complained of feeling drug dealers to bring large quantities tleman from Virginia (Mr. BLILEY), to sick with a severe headache. She went of prescription drugs, even the most introduce this bipartisan legislation. home to bed, but the next morning notorious types of date rape drugs, into I want to take this time now to ac- Hillory was found by her grandmother this country without a legitimate doc- knowledge the leadership of the gen- unconscious and unresponsive. Hillory tor’s prescription or medical purpose. tleman from Michigan (Mr. UPTON) and was rushed to the hospital where she This exemption was so lax that stud- the gentleman from Michigan (Mr. later died. The cause of Hillory’s death ies along the Texas border found STUPAK) and to thank them for their remained a mystery until it was finally records of people bringing thousands of collaborative kindness, to thank the detected by medical examiners, in this these pills into this country in one day; gentleman from Ohio (Mr. BROWN) and instance Dr. Joy Carter, as I indicated, multiple drugs and thousands of pills the gentlewoman from Michigan (Ms. after receiving a report from the Harris in a single day supposedly for personal STABENOW) for their interest and par- use. These date rape drugs ultimately County Organized Crime and Narcotics ticipation. We have waited a long time found their way far too often to the Task Force about a new date-rape drug for this day; and I look forward to the streets and to college campuses, put- that was starting to show up in area next step for this legislation, which is ting young women at risk. nightclubs. In October 1996, Congress also passed final passage today in the House and I introduced H.R. 1530 on May 5, 1997. the Drug Induced Rape Prevention and later in the Senate. The bill has several cosponsors, the Punishment Act of 1996. That law ad- This day has been a long time com- gentlewoman from Georgia (Ms. dressed the abuse of the drug ing, but it is a victory for those of us MCKINNEY), the gentlewoman from flunitrazepam and established the who are concerned about date rape Florida (Mrs. MEEK), the gentlewoman precedent that H.R. 2130 now follows. drugs. This drug, GHB, has been used in from California (Mrs. TAUSCHER), the Others have ably described the provi- innumerable rapes around the country gentlewoman from Michigan (Ms. KIL- sions of this legislation so I will only and has been implicated in at least 40 PATRICK), the gentlewoman from New highlight a few of its key aspects. It deaths. In addition to date rape, this York (Mrs. LOWEY), the gentlewoman places GHB in Schedule I of the Con- drug is very popular on the party scene from Maryland (Mrs. MORELLA), the trolled Substances Act; thereby pro- in many cities and it is widely abused. gentlewoman from New York (Ms. viding the maximum penalties for In my home city of Houston, GHB has VELA´ ZQUEZ), the gentlewoman from those who clandestinely produce the become known as a rage at some Hous- California (Ms. MILLENDER-MCDONALD), drug at home and those who use GHB ton area clubs where it is clandestinely the gentleman from Georgia (Mr. to commit date rape. It also establishes being dispensed by party goers in clear BISHOP), the gentleman from New Jer- GBL, the precursor chemical used to liquid form from designer water bot- sey (Mr. PALLONE), the gentleman from make GHB, as a list one chemical, the tles. This drug which goes by the Florida (Mr. WEXLER), the gentle- most regulated chemical category. names of ‘‘easy lay,’’ ‘‘grievous bodily woman from Michigan (Ms. STABENOW), The legislation allows for the ongo- harm,’’ ‘‘gook,’’ ‘‘Gamma 10,’’ and ‘‘liq- the gentlewoman from Missouri (Ms. ing, promising clinical development of uid X’’ cannot be detected with a rou- MCCARTHY), the gentlewoman from GHB for the treatment of narcolepsy tine drug screen. That is why the California (Ms. ROYBAL-ALLARD), the and more specifically for the treatment deaths of so many of the victims have gentleman from Texas (Mr. BENTSEN), of cataplexy. It does so by providing remained a mystery. the gentlewoman from Connecticut that if and when GHB is approved by I was prompted to act to control the (Ms. DELAURO), the gentleman from the FDA for the treatment of illicit use of GHB 3 years ago because Texas (Mr. HINOJOSA), the gentleman cataplexy, it will then be placed in of the death of Hillory J. Farias for from Texas (Mr. RODRIGUEZ), the gen- Schedule III of the Controlled Sub- whom this bill is named after, proudly tleman from Texas (Mr. REYES), and stances Act. Such scheduling would fa- so, of La Porte, Texas, on August 5, the gentleman from New York (Mr. cilitate use of the drug for such treat- 1996, who was killed by this drug. SERRANO). ment. At the same time, however, the There is no pride in her death, but The Subcommittee on Crime held a bill provides that the illegal use of there is pride in this tribute to her hearing in July 1998, where Hillory’s GHB will receive Schedule I penalties. today. I introduced a GHB bill in 1997 uncle traveled long distance to come October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9867 along with Dr. Joy Carter who was a members Leon Buck, Ayanna Hawkins, college women have been the victim of witness. Oliver Kellman. date rape. In a recent study, 84 percent H.R. 1530 received bipartisan support I would like to finally thank the gen- of rape victims knew their attacker, of the Subcommittee on Crime. Earlier tleman from Virginia (Mr. SCOTT); the and 57 percent of those were raped on a this session, we introduced H.R. 75, and gentleman from Michigan (Mr. CON- date. According to Virginia’s Council this summer again I worked closely YERS), ranking member; the gentleman Against Sexual Assault, those figures with the gentleman from Michigan from Florida (Mr. MCCOLLUM); and the make acquaintance and date rape more (Mr. UPTON), the gentleman from gentleman from Illinois (Mr. HYDE) of common than heart attacks or alco- Michigan (Mr. STUPAK), the gentleman the Committee on the Judiciary. holism. from Virginia (Mr. BLILEY), and the I would like to continue again or to This is a serious issue, and I am very gentleman from Michigan (Mr. DIN- emphasize that this has been a bipar- pleased to be joining my colleagues to GELL) to bring us to this point. tisan effort working with the Com- bringing this to the floor. I urge that The Houston Poison Control reports mittee on the Judiciary and the Com- we have an overwhelming bipartisan indicate that as many as 30 people have mittee on Commerce; and we have support for this bill. overdosed on the drug and been treated come this far, and I look forward to my Mr. CHABOT. Mr. Speaker, I yield 3 in emergency rooms in the past 6 colleagues supporting this legislation, minutes to the gentleman from Ala- months. In fact, Mike Ellis, director of the Hillory J. Farias Date-Rape Pre- bama (Mr. BACHUS), who is a member of poison control, stated in 1996, that the vention Drug Act. the Committee on the Judiciary. majority of cases that this agency has Mr. Speaker, I reserve the balance of Mr. BACHUS. Mr. Speaker, I com- been seeing over the past few years my time. mend the gentleman from Michigan have resulted from people rushed to the Mr. UPTON. Mr. Speaker, may I ask (Mr. UPTON) for bringing this legisla- hospitals because they could not how much time the four of us have re- tion. The gentleman from Michigan (Mr. breath or they passed out in their cars maining. UPTON) mentioned the word ‘‘night- and nobody could rouse them. The SPEAKER pro tempore (Mr. mare.’’ He said it is time to put an end My office has been contacted by SHIMKUS). The gentleman from Michi- to this nightmare. That is exactly many families. Fifteen year old gan (Mr. UPTON) has 5 minutes remain- what this legislation is about. Every Samantha Reid died in Michigan. The ing. The gentleman from Ohio (Mr. parent’s worst nightmare is to receive CHABOT) has 6 minutes remaining. The office of the gentleman from New York that call in the middle of the night (Mr. LAFALCE) told us of the story of gentleman from Ohio (Mr. BROWN) has 5 minutes remaining. The gentlewoman telling us that one of our children has Kerri Breton who died in Syracuse, been harmed. from Texas (Ms. JACKSON-LEE) has 2 New York, who died from this drug Now, the gentlewoman from Texas minutes remaining. being slipped into her drink. (Ms. JACKSON-LEE), who has worked Mr. BROWN of Ohio. Mr. Speaker, I A young man from the Chicago area very hard on this bill, mentioned those yield 2 minutes to the gentlewoman overdosed and almost died last Sep- six young people that were killed at from Michigan (Ms. STABENOW), a lead- tember. His family called our office College Station, Texas. I think all of us er in this effort on this legislation. pleading for help. There was also a re- who had young daughters and sons on Ms. STABENOW. Mr. Speaker, I cent incident in Michigan where four campuses, we identified with that. teenagers died. One Houston, Texas, thank the gentleman from Ohio for In Birmingham, there has been a dif- resident by the name of Craig told the yielding me this time. ferent kind of call in the night, a dif- media officials that the use of the drug Mr. Speaker, I want to first thank ferent nightmare. It is a call that our is rampant. the gentleman from Michigan (Mr. daughters have been given this drug These tragedies underscore the im- UPTON) for his efforts and the gen- GHB. It is clear. It is tasteless. They portance of this legislation. Without tleman from Michigan (Mr. STUPAK), were at a party. They were at a club, this bill, illicit use of GHB would in- who I know has been working for 3 and someone slipped it into their crease dramatically. It is being made years on this issue. I very much appre- drink. The unfortunate ones lapsed in bathtubs. It is being made on the ciate their leadership on this issue, as into unconsciousness, then into a Internet. well as the gentlewoman from Texas coma, and they never recovered. The Mr. Speaker, I would like to thank (Ms. JACKSON-LEE), and all of the oth- more fortunate ones do recover, but those who have helped us come this far, ers that have been mentioned con- they are scarred. Their parents and and I would like to also acknowledge cerning this very important issue. they live through this nightmare. that we have provided in this bill the I come to the floor today, and I am a In Birmingham, Alabama this year alone exception for narcolepsy, which I think cosponsor of this legislation, not only there have been almost a dozen cases of peo- is extremely important. as a Member of the House of Represent- ple suffering from overdoses of GHBÐthe ac- atives from Michigan where we have b 1845 tive ingredient in date rape drugs. In the past seen tragedies occur, but also as a year, Birmingham's South Precinct drug task This bill reflects a compromise. This mother of a college-age daughter. force has made 20 GHB-related arrests. bill enables law enforcement to permit I share my colleagues’ support for It is time to put a stop to it. It is the anyone who abuses GHP to the full ex- classifying GHB as a Schedule I drug, only responsible thing for us to do. tent of the law by placing the drug on placing it in the most highly regulated That is what this legislation will move Schedule I of the Controlled Sub- category of drugs. It depresses the cen- to do. It will empower law enforcement stances Act. By doing so, it allows tral nervous system and as we know officers to get these sexual predators those who use the drug for sexual as- has reportedly been abused to produce that would prey on our daughters and sault to suffer the penalties under the intense highs and to assist in the com- our sisters and our neighbors to get Drug-Induced Rape Prevention and mission of sexual assaults. them off the street and get them be- Punishment Act. In addition, it pro- GHB is a very dangerous drug when hind bars. vides for the use of this drug medically. used in this context. It has been in- We have had people that have come I would like to thank someone who volved in acquaintance or date rapes, before the Committee on the Judiciary, has been very helpful, Mr. Speaker, one which happen to young women most young ladies who were victims of GHB. such person, Trinka Porrata, a retired likely between the ages of 16 and 24 They have described to us in horrible member of the Los Angeles Police De- more than any other group of women. detail the abuse they suffered from a partment. She has advocated for sched- Compared to stranger rape, it is gross- date using GHB. It has been sobering uling GHB on Schedule I for years and ly underreported, mainly because many for all of us. years and years. women do not recognize such encoun- We have a responsibility to those So we come to this point where I ters as rape, particularly if there is young ladies and to all young women would like to finally thank John Ford minimal violence. Yet, it is rape, and it and their parents to address this prob- with the minority commerce staff, is a crime. lem. John Manthei with the majority staff. The statistics on date rape are fright- By passing this legislation today, we I would like to also thank my staff ening. It is estimated that one in four will take a major step in giving our law H9868 CONGRESSIONAL RECORD — HOUSE October 12, 1999 enforcement officers the tools they of health care providers who know the victim of GHB, while securing meas- need. legitimate uses as well as the risks of ures for those who benefit from it. The I would like to commend, not only GHB. Only then will young women and legislation also enables enforcement to the gentleman from Michigan (Mr. children be safe from the crime and the full extent of the law against any- UPTON), the gentlewoman from Texas tragic death to which GHB is an ac- one who uses GHB for sexual assault (Ms. JACKSON-LEE), I would like to also complice. crimes. commend the gentleman from Florida I urge passage of this bill. Offenders could now be sentenced to (Mr. MCCOLLUM), the Subcommittee on Mr. UPTON. Mr. Speaker, I yield 4 20 years in prison under the Drug In- Crime chair, for his excellent work on minutes to the gentlewoman from duced Rape Prevention and Punish- this. Maryland (Mrs. MORELLA), a cosponsor ment Act. I certainly urge my col- I would like to commend the gentle- of the bill. leagues to support this legislation. men from Ohio (Mr. CHABOT) and the Mrs. MORELLA. Mr. Speaker, I rise I also again wanted to commend the gentleman from Ohio (Mr. BROWN) for in very strong support of H.R. 2130. I authors of the legislation for intro- their work on this. really want to thank and commend the ducing it, all of the cosponsors, all of I commend the staff of the Com- gentleman from Michigan (Mr. UPTON) the members of the committee, the mittee on the Judiciary, and especially and the gentlewoman from Texas (Ms. chairman, the ranking member of the Dan Bryant, for their dedicated service JACKSON-LEE) for introducing this very full committee and of the sub- in highlighting this dangerous drug important piece of legislation and committee. and its consequences. bringing the continuing problem of I urge my colleagues to support this Hopefully, as a result of this legisla- date rape to our attention. legislation to minimize the use of date- tion, a few less parents will receive As has been mentioned, parenthood rape drugs and expand the protection that dreaded phone call in the middle enters into this, too. As someone who for the victims of sexual attack. of the night, and this Congress will has raised six daughters, I am particu- Mr. UPTON. Mr. Speaker, I have no have done something positive in a bi- larly grateful for this legislation. It further speakers, though I wish to partisan way. I thank the gentleman would amend the Controlled Substance close. from Ohio (Mr. CHABOT) for the oppor- Act to add GHB to the Drug Enforce- Ms. JACKSON-LEE of Texas. Mr. tunity to speaking in support of this ment Agency’s most-regulated cat- Speaker, may I inquire of the order for legislation. egory. closing. Mr. CHABOT. Mr. Speaker, I ask GHB, as my colleagues may have The SPEAKER pro tempore. The unanimous consent to yield the bal- heard, it deserves repeating, is a cen- order is as follows: the gentlewoman ance of my time to the gentleman from tral nervous system depressant. It is from Texas (Ms. JACKSON-LEE) will pro- Michigan (Mr. UPTON). approved as an anesthetic in some ceed first, followed by the gentleman The SPEAKER pro tempore. Is there countries; however, with exception of from Ohio (Mr. BROWN) second, closed objection to the request of the gen- the investigational research, it is not by the gentleman from Michigan (Mr. tleman from Ohio? approved for any use in the United UPTON). There was no objection. States. The gentlewoman from Texas (Ms. Mr. BROWN of Ohio. Mr. Speaker, I JACKSON-LEE) has 30 seconds remain- reserve my time. GHB has become one of several agents characterized as a date-rape ing. Ms. JACKSON-LEE of Texas. Mr. Ms. JACKSON-LEE of Texas. Mr. drug. Restricting the use of GHB will Speaker, I yield 11⁄2 minutes to the dis- Speaker, I yield myself such time as I undoubtedly protect people all over the tinguished gentlewoman from New may consume. country, especially young women from York (Mrs. MALONEY), who is the co- Mr. Speaker, all I can say is that it is chair of the Women’s Caucus and has being drugged and victimized. now time for us to pay tribute to the This dangerous drug is considered to worked very hard on issues dealing tragic lives that have been lost, like be a sleep aid among those who know with women and children. Hillory, the lives in Michigan, the lives of its effects. A dose is inserted in a Mrs. MALONEY of New York. Mr. across this country, young women who drink and orally ingested. The reaction Speaker, I thank the gentlewoman were duped with a mickey, volleyball to the drug is immediate and grave. from Texas (Ms. JACKSON-LEE) for her players, athletes, good young women Unconsciousness can occur within 15 hard work on this bill, as well as the who did nothing but wanted to live. gentleman from Virginia (Chairman minutes, and a profound coma may This bill says that, if one uses GHB Bliley), the gentleman from Michigan arise within 30 to 40 minutes after ini- to undermine and to do illegal acts and (Mr. DINGELL), the gentleman from tial consumption. to sexually assault, one will be held in Michigan (Mr. STUPAK), the gentleman The purpose of having another ingest violation of Schedule I drugs with up from Michigan (Mr. UPTON), and many this drug is to render the victim help- to 20 years in jail. less. The victim is unable to defend others. b As the mother of two young women, oneself and often has no memory of the 1900 I urge my colleagues to pass this im- attack. I ask my colleagues to support this portant bipartisan bill, to prevent fu- GHB is responsible for many of the legislation. I ask my colleagues to pay ture tragedies like the one that took rapes that occur. It is connected to 40 tribute to Hillory and all the other the life of Hillory J. Farias. deaths also around the country. Many young women. After an innocent evening at a teen- more deaths may also be at the hands I am pleased to stand here today in strong age dance hall, Hillory died, never of GHB, but this drug is not currently support of the Hillory J. Farias Date Rape Pre- knowing what hit her, never knowing included in a standard toxicology vention Act of 1999. This summer, I joined the that someone had slipped a lethal dose screen. members on the Commerce Committee, Rep- of GHB into her Sprite. Adding GHB to the list of controlled resentatives UPTON, STUPAK, and BLILEY, to in- Mr. Speaker, this bill is about pro- substances will help to identify how troduce this bipartisan bill. I have waited a tecting children and young women. It often this drug is abused and who falls long time for this day, and I look forward to is about regulating access to dan- victim to its effects. the next step for this legislation, which is final gerous, unpredictable substances like The people who can medically benefit passage today in the House, and later, in the GHB, which is known as a date-rape from some form of GHB are protected Senate. drug. GHB may not always be harmful. through the Federal drug administra- This day has been a long time coming, but It may, indeed, have an appropriate tion when its use is determined. With it is a victory for those of us who are con- medical use. FDA approval, health care profes- cerned about date rape drugs. This drug, GHB But I say to my colleagues, Mr. sionals will be able to treat patients (Gamma Hydroxy-butyrate) has been used in Speaker, it should not be in the hands through prescriptions. innumerable rapes around the country and of partying teenagers, of preying sex H.R. 2130, the Date Rape Prevention has been implicated in at least 40 deaths. In offenders, of uninformed consumers. Drug Act seeks to prevent violations in addition to date rape, this drug is very popular I believe that this drug belongs in the sexual attacks. The bill provides pro- on the party scene in many cities and it is hands of professionals, of pharmacists, tection for anyone who may become a widely abused. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9869 In my home city of Houston, GHB has be- In January of this year, 15-year-old However, my position on the illicit use of come known as the rage at some Houston Samantha Reid, from Michigan, died as a re- GHB does not mean that I am insensitive to area clubs where it is clandestinely being dis- sult of this drug and another 14-year-old girl the concerns of patients that might be helped pensed by partygoers in clear liquid form from who was also poisoned with GHB went into a with this drug. This drug has shown some designer water bottles. This drugÐwhich goes coma. Four young men have been indicted in benefits to patients with a specific form of nar- by the nicknames Easy Lay, Grevious Bodily this crime. colepsy in clinical trials. Harm, Gook, Gamma 10 and liquid XÐcannot My office was contacted by Representative There is a possibility that GHB can be de- be detected with a routine drug screen. That LAFALCE'S office with the story of Kerri Breton, veloped for the treatment of cataplexy, a rare is why the deaths of many of its victims have from Syracuse, New York who also died from form of narcolepsy. Cataplexy is a rare dis- remained a mystery. this drug being slipped into her drink. order that causes sudden and total loss of I was prompted to act to control the illicit Ms. Breton was away on a business trip and muscle control. use of GHB three years ago because of the was having a drink in the hotel bar with a col- People with cataplexy are unable to work, death of Hillory J. Farias, of Laporte, Texas on league. She was found the next day dead on drive or lead a normal life. Like my Col- August 5, 1996, who was killed by this drug. the bathroom floor of her hotel room. Her leagues, I understand the situation that affects I introduced a GHB bill in 1997 and again in stepfather shared this painful story in hope these patients and I am sensitive to their need 1998, and 1999 and I have continued to advo- that it would alert others to the dangers of this for treatment of that disorder. cate for its passage to prevent more women drug. This bill reflects a compromise that takes from being victimized by date rape drugs. A young man from the Chicago area into account the needs of the patient group Hillory Farias was a 17-year-old high school overdosed and almost died last September. and the needs of law enforcement. This bill senior, model student and varsity volleyball He was a bodybuilder who had abused drugs enables law enforcement to prosecute anyone player who died as a result of GHB slipped for years. The doctors and law enforcement who abuses GHB to the full extent of the law into her soft drink. officials in the Chicago area did not know any- by placing the drug on Schedule I of the Con- Hillory and two of her girlfriends went out to thing about GHB. If his sister had not been trolled Substances Act. a club where they consumed only soft drinks. around when he lost consciousness, he would Scheduling GHB on the Federal Controlled At some point during the evening, GHB was have surely died. She called my office to Substances Act allows prosecutors to punish slipped into Hillory's drink and soon after- share the painful account of how her family al- anyone who uses this scheduled drug in any wards, Hillory complained of feeling sick with most had to prepare for her brother's death. sexual assault crime to suffer penalties under a severe headache. There was also a recent incident in Michi- the Drug Induced Rape Prevention and Pun- She went home to bed, but the next morn- gan where four teenagers at a party ingested ishment Act. This bill would increase the sen- ing, Hillory was found by her grandmother un- GHB and lapsed into comas. This occurred tence for someone using GHB to commit a conscious and unresponsive. Hillory was during the Fourth of July holiday. sex crime to 20 years imprisonment. rushed to the hospital where she later died. One Houston, Texas area resident by the However, this bill protects people with The cause of Hillory's death remained a mys- name of Craig told media officials that ``the cataplexy by providing an exemption for those tery until it was finally detected by medical ex- use is rampant.'' ``Drug use GHB spread to enrolled in clinical trials now, and later it re- aminers after receiving a report from the Har- many of the area after-hours clubs.'' Craig schedules the drug once it has been approved ris County Organized Crime and Narcotics grew interested in GHB after reading about by the FDA. Task Force about a new date-rape drug that the drug on the Internet and in a book he The distribution of the drug would be strictly was starting to show up in area nightclubs. I introduced H.R. 1530 on May 5, 1997. The found in a popular bookstore. The book de- controlled to ensure that only patients in need bill had several cosponsorsÐRepresentatives scribed using GHB to increase one's sense of of this drug would have access to it. Any illicit touch and sexual prowess. So he bought a use of GHB would result in the enhanced sen- MCKINNEY, MEEK, TAUSCHER, KILPATRICK, tence penalties. LOWEY, MORELLA, VELAÂZQUEZ, MILLENDER- quantity of itÐgenerally it costs about $10 a This bill also provides for a grant by the De- MCDONALD, BISHOP, PALLONE, WEXLER, capfulÐfrom someone in a nightclub. He then partment of Justice to research a forensic test STABENOW, MCCARTHY of Missouri, ROYBAL- distributed it to friends at a private party. GHB to assist law enforcement in detecting GHB on ALLARD, BENTSEN, DELAURO, HINOJOSA, made Craig pass out and he remembered the street. This would improve the ability to RODRIGUEZ, REYES, and SERRANO. nothing of the party. The Subcommittee on Crime held a hearing These tragedies underscore the importance prosecute date rape and other crimes involv- in July 1998 in which there were several wit- of this legislation. All of these incidents among ing this substance. This provision provides law nesses. These witnesses included Raul young people are strong evidence that this enforcement with a crucial tool in fighting this Farias, Hillory's uncle and Dr. Joye Carter, the drug has a high potential for abuse and must drug on the street. Harris County Medical Examiner who deter- be placed on the schedule for the Controlled This bill reaches a compromise that will mined that GHB was the official cause of Substances Act. benefit the patients who desperately need this Hillory's death. Without this bill, illicit use of GHB would in- drug for treatment and law enforcement agen- H.R. 1530 received the bipartisan support of crease dramatically. There are undoubtedly cies that need the tools to fight the use of this the Crime Subcommittee and was reported fa- other deaths that may not have been classi- drug among young people. vorably for consideration on the floor. fied as GHB-related because the drug is not a As I stated earlier, I have been working to Earlier this session, I introduced H.R. 75, part of a standard toxicology screen. pass legislation to schedule this drug for a similar to H.R. 1530 from the 105th Congress. GHB has been used to render victims help- long time now because I do not want to see This summer, I worked closely with Members less to defend against attack and it even any more young lives cut short by GHB. There of the Commerce Committee, Representatives erases any memory of the attack. The recipe are many people who have been resources to UPTON, STUPAK and BLILEY and Mr. DINGELL for this drug and its analogs can be accessed my staff these three years and I would like to for this version under the consideration, H.R. on the Internet. Currently, GHB is not legally thank them publicly for their work. 2130. produced in the United States. It is being I would like to thank all of the people who Unfortunately, Hillory's death was not the smuggled across our borders or it is being ille- have been involved with this process from the only tragedy of this drug. The Houston Poison gally created here by ``bathtub'' chemists. beginning and who provided me with informa- Control reports indicate that as many as 30 As a drug of abuse, GHB is generally in- tion about this drug. One such person is people have overdosed on the drug and been gested orally after being mixed in a liquid. The Trinka Porrata, a retired member of the Los treated in emergency rooms in the past six onset of action is rapid, and unconsciousness Angeles police department. She has been a months. In fact, Mike Ellis, Director of Poison can occur in as little as 15 minutes. Profound strong advocate for this legislation. Control, stated back in 1996 that the majority coma can occur within 30 to 40 minutes after I would like to thank the Farias family for of cases that his agency has been seeing over ingestion. sharing their story to help us inform others the past few years have resulted from people GHB has also been used by drug abusers about this drug. Their tragedy and loss cannot rushed to the hospitals because they could not for its alleged hallucinogenic effects and by be overlooked and I appreciate their patience breathe or they passed out in their cars and bodybuilders who abuse GHB for an anabolic with us. We have worked closely with Hillory's nobody could rouse them. My office has been agent or as a sleep aid. family and the Harris County medical exam- contacted by the families of several victims of I believe that by classifying this drug now, iner, Dr. Joye Carter since I first introduced this drug since March of this year telling sto- we send a strong message to those who this bill. ries of how the drug, GHB has impacted their would use this drug and its analogs to commit I would also like to thank the other families lives. crimes against women. of the other victims who have shared their H9870 CONGRESSIONAL RECORD — HOUSE October 12, 1999 stores with us as well. With the passage of Then maybe you remember feeling so safe member ever feeling ill—just that pleasant this bill today, I hope that there will some com- and secure, just a little tired. You remember want-to-take-a-nap thing you felt early on. fort brought to those families that their loved feeling all was A–OK, but you just wanted to Or maybe you don’t wake up—EVER. take a comfy nap. You slumped to the floor, Maybe your body had the ultimate bad day. ones did not die or suffer in vain. but you weren’t at all mindful of where you I would also like to thank my colleagues on were. The floor or a char or couch or bed—it U.S. DEPARTMENT OF JUSTICE— the Commerce Committee, for helping to just didn’t matter. You were so very very DRUG ENFORCEMENT ADMINISTRATION, move this legislation through that CommitteeÐ cool. Washington, DC, October 12, 1999. Representatives UPTON, STUPAK, BLILEY, DIN- Now about that comfy nap you wanted to Hon. SHEILA JACKSON-LEE, GELL and BILIRAKIS. I would also like to thank take. You thought you were just nodding off. U.S. House of Representatives, Washington, DC. the staff members at the Commerce Com- You know, head bobbing just a little to the DEAR CONGRESSWOMAN JACKSON-LEE: I am pleased to provide you with the Drug En- mittee for their hard work, especially John side—gently as you were trying to doze off. That’s how YOU recall it. Well, to those forcement Administration’s (DEA) position Ford with the Minority staff and John Manthei standing around you it was much different. on H.R. 2130, which schedules gamma- with the Majority staff. Also my staff members, Your body was jerking away. Some call it hydroxybutyrate (GHB) under the Controlled Leon Buch, Ayonna Hawkins, and Oliver seizures. Doctors call it clonic muscle move- Substances Act (CSA). We in DEA appreciate Kellman. ments—Whatever. In any case, it was much your steadfast support for controlling GHB, I would also like to thank the Members of more dramatic than your mind remembers which has taken a terrible toll on too many the Judiciary Committee for their work on this it. Your body was having a really, really bad individuals. issue last year and this yearÐespecially day. The DEA continues to be concerned about Then there’s that g-r-o-s-s vomiting you the illicit production, trafficking, diversion Ranking member CONYERS, Representatives were doing. and public health risks associated with abuse SCOTT, MCCOLLUM and Chairman HYDE. Last Like it was just normal. of GHB. GHB has not been approved for med- year we had a hearing on the issue in the Like you were spitting tobacco in a spit- ical use in the United States by the Food and Crime Subcommittee and it shed a lot of light toon. Drug Administration (FDA). Although the on the issue of date rape and illicit drug abuse Don’t remember it at all do you? importation, distribution and use of GHB as of GHB. Your body was having a bad, bad, really a drug are not allowed by the FDA, except I also want to thank Mr. BROWN, Congress- bad day with that. for research, the data available to DEA By now your pulse was slowing. Respira- shows that there is a significant and wide- woman STABENOW of Michigan for their efforts. tions were slowing. Your blood pressure was spread abuse problem with GHB. This infor- Finally, I would like to thank my staff for down a bit. mation has been collected through tradi- their hard work on this issue. Again, I thank Then your twitching, jerking, stinky body tional data sources, including the Drug my colleagues for their support of this legisla- just stopped moving completely. You didn’t Abuse Warning Network (DAWN), the Cen- tion. respond at all to people talking to you or ters for Disease Control (CDC), and toxi- Mr. Speaker, I submit for the RECORD shaking you. You weren’t breathing regu- cological laboratories, emergency rooms, ‘‘While You Were Sleeping,’’ a chron- larly (also known as apnea) and had very de- and medical examiners. The DEA has docu- icle of a GHB trip by Trinka Porrata, pressed breathing. Like maybe just six times mented 5,500 cases of overdose, toxicity, de- as well as correspondence from the per minute. pendence and law enforcement encounters. Your level of consciousness at this stage in DEA. DEA has obtained documentation in the the ER is called a Glascow Coma Score of 3 form of toxicology, autopsy and investigator WHILE YOU WERE SLEEPING . . . (AKA—THE (on a scale of 3–15). reports from medical examiners on 49 deaths TRUTH ABOUT GAMMA HYDROXY BUTYRATE) If you were in an ER now, they’d be pinch- that involved GHB. TO PROTECT AND SERVE—AND IN THIS CASE TO ing your fingernails and beating on your In light of the continued illicit production, HOPEFULLY SAVE YOU FROM YOURSELF sternum to test for your level of conscious- trafficking, abuse and public health risk of (By Trinka Porrata) ness. GHB, the DEA strongly supports the control Oh, and, dig this, a cadaver (a dead body) of GHB in Schedule I of the CSA. In addition, You thought it was a good trip, but . . . scores a GCS 3 too. the DEA supports the treatment of gamma while you were sleeping . . . Your body en- You were nearly dead. Of course, if you butyrolactone (GBL) and 1,4-butanediol as dured a reeeeeally BAD trip! were the one trying to impress your pals and controlled substance analogues when in- First, you took that little capful of salty took a big slug of it—you may have skipped tended for human consumption and the list- tasting stuff that your ‘‘friend’’ told you right on through most of these stages and ing of GBL, the precursor to GHB, as a List would help develop lean muscle mass or lose began frothing up blood right away—and I chemical. weight or improve your sex life, or well, just came to this standstill really fast. . .. Placing GHB in Schedule I under the CSA, give you a buzz—(but did your friend tell you Meanwhile, your good ‘‘friends’’ were which your legislation proposes, imposes the it is degreasing solvent—or floor stripper— partying around you. severest criminal penalties and appropriate mixed with drain cleaner?!?!?) They tossed you into a corner to let you regulatory requirements necessary for a drug Maybe it was even in a bottle marked sleep it off. Part of the time you may have with high abuse potential and which is not ‘‘Blue Nitro’’ or ‘‘Renewtrient’’ or been breathing loudly, but not necessarily. currently available for marketing. Such a Revivarant’’ or ‘‘Fire Water’’ or ‘‘Remforce.’’ They couldn’t hear you anyway because of placement sends the appropriate message to Ok, that’s still just floor stripper. the loud music. federal, state and local law enforcement or- Anyway—maybe you were trying to im- They elect not to call 911 because some ganizations, prosecutors, medical profes- press your buddies and took a big slug of goofball on the Internet says not to bother— sionals, educators, and others that GHB is a that nasty stuff instead of just the capful you’ll just sleep it off and calling 911 could highly abuseable drug and will give those they told you to take . . . be expensive if they try to nail you for the law enforcement officers and prosecutors the Or—maybe your ‘‘friend’’ told you nothing hospital bill and besides, it’ll attract atten- necessary legal tools to combat this growing and just slipped it into your drink—talked tion from the police. problem. you into trying a Long Island Ice Tea So they leave you there—and check on you If GHB is approved for marketing by the maybe—or some other unusual drink. once in a while . . . FDA, GHB will have a currently accepted And you sort of remember that really sud- HELLO— medical use in treatment in the United den, wild, giddy high you felt from it. You Check on you for what? States. Should that occur, the DEA would remember how the bass beat of the music be- So while they are partying, you just forget move the GHB-containing product into what- came overwhelmingly loud and. . . . you re- to breathe. Or that chewing gum in your ever Schedule is justified by its actual abuse member walking across the dance floor, but mouth rolls into the back of your throat and and the scientific knowledge about its abuse it was sort of like . . . it was happening to seals off the airway (you don’t have a gag re- and dependence potentials at that time. The you, but like you were watching yourself flect now, thanks to GHB, that might make data collected to date would support control move on TV. Sort of an ‘‘out of body’’ gig. you cough and save yourself). of the GHB product in Schedule II. Of course, you may (or may not) remember Or you vomit and you’re lying on your If I may be of further assistance to you in dancing wildly and sexually groping those back and you literally drown in it because, this matter, please do not hesitate to con- around you—with little regard for which again, you can’t gag and save yourself. tact me. gender you were grabbing (you see, it is You are in an unarousable coma. Sincerely, disinhibiting—and gender concerns may It isn’t what life is supposed to be about. CATHERINE H. SHAW, fade). Or maybe during this time—your new Chief, Office of Congressional and And maybe you remember (or maybe not) ‘‘friend’’ is raping you. Public Affairs. wildly climbing all over that virtual strang- And then, about four or five hours after er who bought you that unusual drink. you took that fateful drink—maybe you Mr. BROWN of Ohio. Mr. Speaker, I Or maybe you’re the ‘‘mean drunk’’ kind wake up suddenly and it’s all over! yield myself the balance of my time. and you got obnoxious with all around you, Of course, you may wonder where that Mr. Speaker, again I would like to waiting to fight anyone in your way. vomit came from, because you may not re- commend the authors of the bill, the October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9871 gentlewoman from Texas (Ms. JACK- from Michigan (Mr. STUPAK), the gen- As you may know, Mr. Speaker, this legisla- SON-LEE) and the gentleman from tleman from Michigan (Mr. DINGELL), tion is the product of an Oversight and inves- Michigan (Mr. UPTON) and especially and the gentleman from Virginia (Mr. tigations Subcommittee hearing I held earlier the gentleman from Michigan (Mr. BLILEY) in conjunction with the Com- this year that focused on the abuse of ``date STUPAK), who pointed out in com- mittee on the Judiciary. This is the rape'' drugs, the law enforcement challenges mittee and on the floor that this legis- finest hour of those two committees in battling their abuse, and the administrative lation, aimed at getting GHB out of the working together. procedures involved in scheduling the drugs hands of children and criminals, should I might add as I close in thanking the under the Controlled Substances Act. I held not at the same time inadvertently sti- gentleman from Michigan (Mr. UPTON) that hearing after reading about two young fle beneficial use of the drugs. especially, as we have worked together, Michigan women whose drinks were laced GHB holds promises and treatment is that those young women in taking with GHB at a party they were attending. Both for narcolepsy, a debilitating and po- that drug would fail to remember any- fell into a coma, and sadly, one died. tentially fatal illness that affects thing that ever happened to them and Since that hearing, I have read far too many 250,000 Americans; and this bill, Mr. could not provide any evidence to po- other stories of young women in Michigan and Speaker, allows under carefully cir- lice if they were sexually assaulted. It across the nation being given GHB and similar cumscribed conditions the use of GHB is the worst kind of drug. drugs, such as GBL, a precursor to GHB, and for medical research and treatment. So I hope the efforts that we are try- ketamine, a fast-acting anesthetic used in vet- It certainly has its insidious uses. ing with the campaign, with the attor- erinary medicine. Simply put, these drugs are That is the main thrust of this bill, as ney general, and the Health and killing our young people. Those who survive it should be. It also has some poten- Human Services Secretary will make ingesting these drugs are too often dealing tially miraculous ones. This bill I be- this go away. with the painful consequences of rape or other lieve, Mr. Speaker, successfully ad- But again, I thank the gentleman sexual abuse. dresses both. I look forward to its pas- very much for his leadership on this The abuse of ``date rape'' drugs, principally sage this year. issue. GHB, ketamine, and GBL, has substantially in- Mr. Speaker, I yield back the balance Mr. UPTON. Mr. Speaker, reclaiming creased in recent years and continues to of my time. my time, I appreciate the comments of grow. The Drug Enforcement Administration, The SPEAKER pro tempore (Mr. the gentlewoman. the DEA, has documented over 4,000 SHIMKUS). The gentleman from Michi- Mr. Speaker, I also want to thank overdoses and law-enforcement encounters gan (Mr. UPTON) has 4 minutes remain- the staff from the committees from the with GHB and 32 GHB-related deaths. At least ing. get-go to make sure that we drafted 20 States have scheduled GHB under state Mr. UPTON. Mr. Speaker, I yield my- and crafted a bill that would muster drug control statutes, and law enforcement of- self such time as I may consume. the test that all of us want with the ap- ficials continue to see an increased presence Mr. Speaker, again I wanted to thank propriate end result. of the drug in sexual assault, driving under the my colleagues. This bill would not have Mr. BILIRAKIS. Mr. Speaker, I rise in strong influence (DWI), and overdose cases involving happened without the great work done support of H.R. 2130, ``The Hillory J. Farias teenagers. on both sides of the aisle, and in par- Date Rape Prevention Drug Act of 1999.'' This With respect to ketamine, from 1992 ticular, the gentlewoman from Texas important, bipartisan legislation was unani- through 1998 the DEA has documented more than 560 incidents of the sale and/or use of (Ms. JACKSON-LEE) who came to our mously approved by my Health and Environ- committee and testified and her work ment Subcommittee in July of this year, and ketamine in our nation's junior highs, high in the previous Congress, as well. the full Commerce Committee passed the schools, and college campuses. This abuse has to stop. By passing this bill This morning, I met with a number measure in August. today, we are taking a significant step forward of students in my district on a college H.R. 2130 was introduced by Representa- in getting these products out of the hands of campus. I know we have done some tive FRED UPTON, joined by Representatives sexual predators and protecting our nation's very good things here. The awareness TOM BLILEY, BART STUPAK and SHELIA JACK- youth. level is up. Whereas, a year or two ago, SON-LEE. The bill amends the Controlled Sub- Following the recommendations of the DEA, I do not think that awareness level was stances Act to make GHB a Schedule I drug, H.R. 2130 would amend the Controlled Sub- there. But now, in fact, warnings are the DEA's most intensively regulated category stances Act to make GHB a Schedule I drug, posted in a lot of dorms and many cam- of drugs. GHB is a central nervous system de- the DEA's most intensively regulated category puses across the country. The word is pressant that has been abused to assist in the of drugs. In addition, H.R. 2130 places out, particularly among college commission of sexual assaults. ketamine in Schedule III of the Controlled women, that they have to be careful H.R. 2130 also schedules ketamine, an ani- Substances Act and lists GBL, the primary and they need to go to parties with a mal tranquilizer that has been similarly precursor used in the production of GHB, as friend and they need to make sure that abused, as a Schedule III drug. As a further List I chemical. whatever they are drinking, a soft protection, H.R. 2130 lists GBL, the primary H.R. 2130 would thus provide law enforce- drink or whatever it might be, it needs precursor used in the production of GHB, as ment officers and prosecutors with tough new to be watched carefully. a List I chemical. These three compundsÐ tools to prosecute those who would use these There is an awareness, too, by par- GHB, ketamine, and GBLÐare more com- drugs for criminal purposes or otherwise ents warning their daughters in par- monly known as ``date rape'' drugs. abuse them. In addition, it would control ticular as they go off to school, par- The bill before us includes language de- chemicals being increasingly used to produce ticularly now as this school year has signed to protect very important and promising a ``GHB effect,'' and would strike at the very started off, to be careful. research on an orphan drug that contains source of many of these illegal substancesÐ This is a nightmare. It needs to end. GHB and is used in the treatment of narco- chemicals ordered over the Internet and This bill does that in a very strong and lepsy patients. These provisions were adopted shipped by mail. bipartisan way that deserves enact- as an amendment when the bill was consid- At the same time, it protects the legitimate ment into law. ered by my Health and Environment Sub- medical use of these substances. I know that I appreciate everyone’s support, ev- committee. many of you have heard from narcolepsy re- eryone’s statements today. I urge my colleagues to join me in sup- searchers and patients who are concerned Ms. JACKSON-LEE of Texas. Mr. porting passage of H.R. 2130, the Hillory J. that by placing GHB in Schedule I, we will dis- Speaker, will the gentleman yield? Farias Date Rape Prevention Drug Act of rupt promising clinical trials testing this drug Mr. UPTON. I yield to the gentle- 1999. as a treatment for a particularly severe form of woman from Texas. Mr. UPTON. Mr. Speaker, I rise in support narcolepsy. I want to assure everyone that this Ms. JACKSON-LEE of Texas. Mr. of H.R. 2130, the Hillory J. Farias Date Rape concern was addressed when the bill was in Speaker, I want to thank the gen- Drug Prevention Act of 1999. I introduced this committee. It was amended to place GHB tleman from Michigan (Mr. UPTON) legislation with my colleagues Mr. BLILEY, the which is being used in an FDA-approved clin- again for the persistence, for the deter- Chairman of the Commerce Committee, and ical trial in Schedule III, but with Schedule I mination in which he led his sub- Mr. STUPAK and Ms. JACKSON-LEE, who have penalties for its misuse. Further, should the committee, the gentleman from Flor- been real leaders in the fight to control date FDA approve GHB as a treatment for narco- ida (Mr. BILIRAKIS), the gentleman rape drugs. lepsy, the prescription form will be in Schedule H9872 CONGRESSIONAL RECORD — HOUSE October 12, 1999 III, but only for the prescribed use. Again, By passing H.R. 2130 we will take a signifi- the Federal Motor Carrier Safety Pro- Schedule I penalties would apply. An indi- cant step forward in giving law enforcement gram. The intent of this provision is to vidual with a prescription for a GHB product organizations the tools they need to get ``date force a transfer of the Office of Motor who is passing the drug around at a party will rape'' drugs off of the streets and to protect Carriers out of the Federal Highway be committing a crime punishable by the se- our nation's children. By doing so, hopefully Administration. verest penalties under the Controlled Sub- we can ensure that further incidents similar to The provision, however, has a serious stances Act. the events in Michigan and Texas do not unintended effect. It did not transfer This bill attacks date rape drug abuse by occur again. all the legal authorities required to en- educating young people, law enforcement offi- Once again, I would like to take this oppor- force Federal truck safety regulations. cers, educators, and medical personnel about tunity to commend Mr. UPTON, Mr. STUPAK, And so, in effect, it left some of these the dangers of these drugs and the penalties and Ms. JACKSON-LEE for their leadership on authorities stranded within the Fed- for their abuse. It would further assist law en- this issue, and I look forward to seeing H.R. eral Highway Administration and pre- forcement officers by providing for the devel- 2130 passing the Full House and being signed vented them from being carried out by opment of a forensic field test to detect the into law. any entity within the Department of presence of GHB and related substances. Mr. UPTON. Mr. Speaker, I yield Transportation. Finally, it provides for an annual report on back the balance of my time. Last Thursday, the Subcommittee on incidence of date-rape drug abuse so that we The SPEAKER pro tempore. The Ground Transportation of the Com- can ensure that the steps we are taking with question is on the motion offered by mittee on Transportation and Infra- this bill and in other areas are working to pro- the gentleman from Michigan (Mr. structure held a hearing on this provi- tect our young people and discourage the use UPTON) that the House suspend the sion to hear from the Department of of these substances. rules and pass the bill, H.R. 2130, as Transportation on how this provision Mr. BLILEY. Mr. Speaker, I rise in support amended. would be implemented and how it will of H.R. 2130, ``The Hillory J. Farias Date Rape The question was taken. impact the ability of the Department Prevention Drug Act of 1999.'' As you know, Mr. UPTON. Mr. Speaker, I object to of Transportation to ensure our Na- along with Mr. UPTON, Mr. STUPAK, and Ms. the vote on the ground that a quorum tion’s highways are safe. JACKSON-LEE, I am an original sponsor of this is not present and make the point of The Department’s general counsel de- important legislation to address the growing order that a quorum is not present. scribed how the Department of Trans- problem of the abuse of ``date rape drugs'' The SPEAKER pro tempore. Pursu- portation will be hampered in its truck and I strongly urge all of my colleagues to ant to clause 8, rule XX, and the safety enforcement efforts. For exam- vote in favor of this bipartisan bill. Chair’s prior announcement, further ple, the Department will no longer be Earlier this year, the Commerce Commit- proceedings on this motion will be able to work with the U.S. Attorney’s tee's Oversight and Investigations sub- postponed. Office, the Inspector General’s Office, committee held a hearing on Date Rape The point of no quorum is considered or the Federal Bureau of Investigation. drugs, and the problems in battling their withdrawn. The Department will no longer be able abuse. At the hearing, we heard from the f to assess fines for safety violations. DEA, the Department of Justice, the FDA, and Clearly, the appropriations act provi- many state and local law enforcement officials, INTERIM CONTINUATION OF AD- sion has the effect of reducing highway and all of them urged Congress to have these MINISTRATION OF MOTOR CAR- safety by denying important enforce- drugs listed as controlled substances. RIER FUNCTIONS BY THE FED- ment tools to the Department. Improv- The bill does just that. These drugs are all ERAL HIGHWAY ADMINISTRA- ing motor carrier safety has been a powerful sedatives, which in certain dosages TION major priority of this Congress and of can cause unconsciousness or even death. Mr. PETRI. Mr. Speaker, I move to The numbers of emergency room admissions this committee. Last year, the House suspend the rules and pass the bill Committee on Appropriations made an which are related to these drugs have dramati- (H.R. 3036) to provide for interim con- cally increased in recent years. For example, effort to strip the Federal Highway Ad- tinuation of administration of motor ministration of its motor carrier safety as many of you know earlier this summer 5 carrier functions by the Federal High- teenagers in Michigan shared a drink that was authority and move it to another area. way Administration, as amended. As the authorizing committee with laced with GHB. All 5 lapsed into comas, and The Clerk read as follows: nearly died. Also, as many of you know, this jurisdiction over motor carrier safety, legislation is named after a young Texas H.R. 3036 we oppose this since it had never been woman, Hillory Farias, who died after a dose Be it enacted by the Senate and House of Rep- considered by the committees of the of GHB. resentatives of the United States of America in House or Senate with authorizing au- Congress assembled, Significantly, the legislation before us today thority. also protects years of promising research by SECTION 1. MOTOR CARRIER SAFETY ENFORCE- Ultimately, the provision was MENT AUTHORITY. dropped and we pledged that we would providing for a limited exemption from Sched- Section 338 of the Department of Transpor- ule I manufacturing and distributing facility se- tation and Related Agencies Appropriations look very carefully at the issue of curity requirements for facilities manufacturing Act, 2000 is amended by striking ‘‘521(b)(5)’’ motor carrier safety, and we have done and distributing GHB for a FDA approved clin- and inserting ‘‘chapters 5 and 315’’. so. We held a series of comprehensive ical study, and, following the recommendations SEC. 2. EFFECTIVE DATE. hearings and have produced what we of the Department of Health and Human Serv- This Act (including the amendment made feel is a solid bipartisan bill, H.R. 2679, ices, places an FDA approved GHB drug by this Act) shall take effect on October 9, that will be considered by the House product into Schedule III of the Controlled 1999. probably later this week. Substances Act. However, to ensure that the The SPEAKER pro tempore. Pursu- H.R. 2679 creates a new agency, the drug products are not improperly abused, the ant to the rule, the gentleman from National Motor Carrier Administra- bill adds additional reporting and accountability Wisconsin (Mr. PETRI) and the gen- tion, to oversee all Federal truck safe- requirements similar to the requirements for tleman from West Virginia (Mr. RA- ty efforts and include important safety Schedule I substances, Schedule II drugs, and HALL) each will control 20 minutes. reforms. The bill we are considering Schedule III narcotics. For example, if new The Chair recognizes the gentleman today does not overturn the appropria- narcolepsy drugs receive FDA approval, H.R. from Wisconsin (Mr. PETRI). tions act provision in any way. It sim- 2130 will still maintain the strict Schedule I Mr. PETRI. Mr. Speaker, I yield my- ply fixes its unintended consequences. criminal penalties for the unlawful abuse of the self such time as I may consume. The bill amends the appropriations act approved drug product. Simply put, these ad- Mr. Speaker, the Department of to ensure that all the enforcement ditional requirements and penalties in my opin- Transportation Appropriations Act for powers are restored to the Secretary ion provide greater protection to our nation's budget year 2000, which was signed by for budget year 2000. youth, and to give law enforcement agencies our President on Saturday, contains a The bill restores all safety enforce- the ability to penalize those who abuse this provision that is clearly authorizing in ment powers to the Department, where product, while protecting certain important ad- nature, prohibiting the Federal High- they will be administered by the Office vances in new drug development. way Administration from carrying out of the Secretary so that safety is not October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9873 reduced while Congress considers com- tions against truckers who violate Fed- Mr. Speaker, I rise in support of the prehensive motor carrier safety legisla- eral safety regulations. And to make bill, H.R. 3036, as amended. It provides tion. matters even worse, the Department the authority to the Secretary of I urge my colleagues to vote for H.R. cannot even provide support to the Transportation to assess civil penalties 3036. U.S. Attorney for criminal prosecu- against violators of truck safety and to Mr. Speaker, I reserve the balance of tions or lend support in FBI investiga- ensure that truck safety receives the my time. tions. scrutiny it deserves. Mr. RAHALL. Mr. Speaker, I yield 30 Imagine that, just imagine that if a As the House knows, this will make a seconds to the gentleman from Min- roadside inspection or as a result of a big difference in the 5,300 annual fatali- nesota (Mr. SABO) the distinguished compliance review conducted by Fed- ties that has remained unchanged for and very capable ranking minority eral officials, a trucker is found to be several years. The number of annual fa- member of the Subcommittee on in violation of safety standards, a talities equates to a major aviation ac- Transportation of the Committee on threat to human life and safety, as a cident every 2 weeks. A reform of the Appropriations. result of that legislative rider on the Office of Motor Carriers to improve (Mr. SABO asked and was given per- appropriations bill, no penalties can be truck safety is long overdue. mission to revise and extend his re- assessed. I want to personally thank the gen- marks.) Oh, yeah, a slap on the wrist perhaps, tleman from Wisconsin (Mr. PETRI), the Mr. SABO. Mr. Speaker, I thank the an admonishment to not do it again or gentleman from Pennsylvania (Mr. gentleman from West Virginia (Mr. RA- to slow down, but that is pretty much SHUSTER), the gentleman from West HALL) for yielding me the time. it. It is pretty much like taking away Virginia (Mr. RAHALL) and the gen- Mr. Speaker, I rise in support of H.R. from the police the ability to write tleman from Minnesota (Mr. OBERSTAR) 3036 and urge its adoption. tickets for speeding and other driving for this language. I think it is very Mr. Speaker, I rise to support the com- infractions. Getting pulled over, grant good. It is very, very responsible. promise language on H.R. 3036 offered by the you, may be an inconvenience, but will My sense is that because of the effort gentleman from Wisconsin. speeding and aggressive driving be con- that the Committee on Transportation This language addresses the problem at trolled if traffic tickets could not be and Infrastructure has done, it will ac- hand; that is, ensuring that the Department of issued? I think not. Certainly not. tually end up working together to save Transportation continues to have the ability to Today, then, all Americans should be lives. And so for the gentleman from assess civil penalties for violations of motor aware that the trucking industry is op- Wisconsin (Mr. PETRI) who is handling carrier safety regulations. This provision cor- erating with impunity from the Fed- that, I want to thank him. rects a technical flaw in the wording of the FY eral Motor Carrier safety regulations. Mr. RAHALL. Mr. Speaker, I yield 2000 Department of Transportation Appropria- It is really the Wild West all over such time as he may consume to the tions bill that was signed into law on Saturday. again, but at this time it is taking gentleman from Minnesota (Mr. OBER- Mr. Speaker, with this provision and the ac- place on our Nation’s highways and by- STAR), the distinguished ranking mem- tions recently taken by the Secretary to move ways. ber of the full committee. the Office of Motor Carriers out of the Federal Mr. Speaker, this is a sad com- Mr. OBERSTAR. Mr. Speaker, I Highway Administration, the Department can mentary on what happens when bills thank the gentleman for yielding me begin immediately the important work of im- are rushed to the floor in a hasty man- the time. proving truck safety and enforcing truck safety ner and when legislative riders are Mr. Speaker, I rise in support of H.R. laws with a stronger hand. struck on appropriation measures in 3036, as amended, to restore the en- I urge the adoption of H.R. 3036. the middle of the night. There was sim- forcement authority and civil penalty Mr. RAHALL. Mr. Speaker, I yield ply no need for these shenanigans. authority to the proper office within myself such time as I may consume. The Committee on Transportation the Department of Transportation. Mr. Speaker, I wish to commend the and Infrastructure has reported com- I want to thank the chairman of our gentleman from Pennsylvania (Chair- prehensive motor carrier legislation, committee, the gentleman from Penn- man SHUSTER) and the gentleman from and we are prepared to bring it to the sylvania (Mr. SHUSTER) and the chair- Wisconsin (Mr. PETRI), the sub- House floor tonight. We recognize the man of the Subcommittee on Ground committee chairman, and the gen- pressing needs to improve truck safety, Transportation, the gentleman from tleman from Minnesota (Mr. OBER- and we are taking action to do so. This Wisconsin (Mr. PETRI), and our ranking STAR), the full committee ranking is the proper way to proceed, not with Democratic member the gentleman member, for the excellent work they these ill-conceived and ill-advised rid- from West Virginia (Mr. RAHALL) for have done in bringing this legislation ers to appropriations bills. Because of responding so promptly and so effec- before us today. that, today America is suffering. And tively to the obvious urgency presented The fact of the matter is that today, it is suffering from a lack of proper in the offending language in the fiscal on this very day, because of a legisla- truck safety regulation because of ar- year 2000 DOD appropriations con- tive rider tacked onto the transpor- rogance and misuse of the legislative ference report. tation appropriations act signed into process. b 1915 law on Saturday by the President, the The pending measure will correct Federal Government now has no au- this mistake. It simply restores the I want to take a moment to com- thority to enforce Federal truck safety Federal Government’s ability and au- mend the gentleman from Virginia regulations, none, no authority to en- thority to levy civil penalties for viola- (Mr. WOLF), the chairman of the Sub- force Federal truck safety regulations tions of truck safety regulations. This committee on Transportation of the for whatever infraction except immi- authority could be used by the newly Committee on Appropriations. He has nent hazard situations, this authority established Office of Motor Carrier at heart a genuine concern for safety is totally lacking. Safety established by the Secretary of and has moved the debate in the right This is because the Republican lead- Transportation on Saturday after the direction. I appreciate his initiative. ership rushed that bill through Con- President signed the bill into law. Unfortunately, the initiative crafted, gress in a roughshod and cavalier fash- Mr. Speaker, I reserve the balance of perhaps in haste, without full apprecia- ion. They did it so fast, tucking this my time. tion, misses the mark. It is not the legislative rider and authorization Mr. PETRI. Mr. Speaker, I yield 2 gentleman’s intention to derogate safe- really on an appropriations measure, minutes to the gentleman from Vir- ty, but it was the result of this section that apparently it did not occur to the ginia (Mr. WOLF) the distinguished 338 in the conference report. Republican leadership that this rider chairman of the Appropriations Sub- When the appropriations bill was prohibits the Secretary of Transpor- committee on Transportation. signed into law last Saturday, the pro- tation from assessing fines against a (Mr. WOLF asked and was given per- vision required an immediate reorga- trucking company for safety viola- mission to revise and extend his re- nization of the motor carrier safety tions. marks.) function within the Federal Highway Not only that, Mr. Speaker, but the Mr. WOLF. Mr. Speaker, I thank the Administration and within the Depart- Department cannot seek civil injunc- chairman for yielding me the time. ment of Transportation. To Secretary H9874 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Slater’s great credit, he did not wait a much more far reaching bill that ele- and the Administration, through the work of moment. The very day that the Presi- vates motor carrier safety to a new the Department’s Inspector General, Mr. dent signed the bill into law, Secretary level in the National Motor Carrier Ad- Norman Y. Mineta, and committee hearings and our own analysis, have identified the Slater directed the reorganization to ministration, in which we direct this need to increase the effectiveness of motor be done, immediately, over the week- new administration to consider the as- carrier programs. end. But he went only as far as the ap- signment and maintenance of safety as Both your Committee and the Senate Com- propriations bill allowed him to go. its highest priority. mittee on Commerce, Science, and Transpor- And because our committee has greater We do it right. We provide the au- tation have reported or will shortly report legislative history and experience with thority, we provide the civil penalty legislation to address the breadth of motor this law, we understood that there was powers, we provide cooperation with carrier safety issues. In July, the Adminis- tration submitted comprehensive legislation a shortcoming. In fact, we held a hear- the Justice Department, we provide as well. Many provisions in the three bills ing on the matter just to be precise funding for training and for enforce- can be combined now to give us truly effec- about our concerns, that without fur- ment authorities, we have a far reach- tive motor carrier legislation. The safety ther changes the reorganization would ing, comprehensive bill that does the gains in these proposals should be para- effectively handcuff and leg-shackle right thing in the right way. I under- mount, as reflected in the principle of H.R. the motor carrier enforcement efforts stand from the gentleman from Penn- 2679 that safety be the foremost consider- ation of the motor carrier group, and organi- of the Department of Transportation. sylvania (Mr. SHUSTER) that we will be Almost immediately upon passage of zational considerations should not supplant able to bring this bill to the House progress on the safety front. Therefore, I will the conference report, the Department floor on Thursday. I urge everyone to work with Congress to resolve these organi- of Transportation and others expressed support that bill as well as to support zational issues—in a way that ensures suc- serious concerns, our members and pro- the pending legislation. cessful implementation of our mutual safety fessional staff expressed serious con- Mr. PETRI. Mr. Speaker, I yield my- goals. cerns, and on the 7th of October, the self such time as I may consume. In May, I announced a comprehensive pro- Subcommittee on Ground Transpor- Mr. Speaker, as I indicated earlier, in gram to address motor carrier safety, setting tation of our committee held a hearing a goal of a 50 percent reduction in fatalities summary the bill restores all safety en- from motor carrier-related crashes over the to explore those concerns publicly. I forcement powers to the Department next ten years. The Department has redou- asked the Department of Transpor- where they will be administered by the bled its efforts over the past year, imple- tation’s general counsel, Nancy McFad- Office of the Secretary for fiscal year menting a series of actions to strengthen our den, at that hearing whether the De- 2000 only, so that safety is not reduced program. We developed a draft Safety Action partment would be able to assess fines while Congress considers comprehen- Plan with approximately 65 specific safety or seek injunctive relief against a sive motor carrier safety legislation. initiatives to be completed in the next three years. motor carrier that DOT had found in I would just like to read, if I could To date, we have doubled the number of violation of motor carrier laws. She briefly, from a letter from our United compliance reviews accomplished by safety said no. She said further that DOT em- States Secretary of Transportation, investigators each month. Comparing the pe- ployees would not be allowed to work Rodney Slater, that is dated today: riods January to April 1999 and May to Au- with a U.S. attorney in pursuing civil ‘‘I am writing to urge Congress to act gust 1999, total compliance reviews increased or criminal enforcement in court, that quickly on legislation to restore en- 59 percent. Financial penalties have in- the Department would not be able to forcement authorities underlying our creased from an average of $1,600 to $3,200 per force a carrier to comply with Federal enforcement case. The backlog of enforce- motor carrier safety programs that ment cases has been reduced by two-thirds, law or regulation. But she also said were suspended October 9 as a result of from 1,174 to 363. The number of Federal in- that those shortcomings, very serious enactment of H.R. 2084, the Depart- vestigators at the U.S. Mexico border has in- ones, could easily be corrected, and ment of Transportation Appropriations creased from 13 to 40—a 200-percent increase. that is why we are here today. Act. I urge action by Congress as rapidly as pos- Now, the reason we are here is that ‘‘The need to act is clear. We cur- sible on the two bills, both of which are es- section 338 of the transportation appro- rently have 922 cases pending, involv- sential to strengthening our motor carrier priations bill prohibits the Federal ing a total of $6 million in outstanding safety programs. Sincerely, Highway Administration from spending civil claims. Our work with the Depart- RODNEY E. SLATER. money to carry out motor carrier safe- ment’s Inspector General and the U.S. Ms. JACKSON-LEE of Texas. Mr. Speaker, ty programs. Once that provision took Attorney’s office is in abeyance, and I rise in to address H.R. 3036 and truck safe- effect, no one in the new entity would the exercise of some other authorities ty. This bill suspends language in the Trans- have authority to initiate new civil is now subject to question.’’ portation Appropriations bill and restores re- penalty cases or continue existing civil Mr. Speaker, I submit the copy of his sponsibility for all truck safety activities to the penalty cases. Why? Very simply, the full letter for the RECORD. This is in re- Secretary of Transportation. This action comes reason for the anomaly is that the law sponse to a clear need outlined by the due to nearly 5,000 people being killed in vests civil penalty authority only in Secretary of Transportation. I urge truck related accidents in each of the past the Federal Highway Administration speedy passage of this legislation. three years on our nation's highways. There THE SECRETARY OF TRANSPORTATION, and in the administrator. The adminis- are many agencies within our government that trator may delegate that civil penalty Washington, DC, October 12, 1999. Hon. BUD SHUSTER, have a shared responsibility for safety on our authority to an office within the Fed- nation's highways, including the Transportation eral Highway Administration but not Chairman, Committee on Transportation and Infrastructure, U.S. House of Representa- Department, the NTSB and the Federal High- to an office outside the Federal High- tives, Washington, DC. way Administration. But despite much talk and way Administration. That is the key DEAR MR. CHAIRMAN: I am writing to urge discussion, several hearings, and meetings element that we have to correct and Congress to act quickly on legislation to re- over improving trucking safety we have had lit- which we do correct here with this leg- store enforcement authorities underlying tle action aimed at improving safety. islation, that the administrator cannot our motor carrier safety programs that were What we do have is accident after accident suspended October 9th as a result of enact- delegate the authority for civil pen- involving truck drivers who are too tired and alties enforcement or cooperation with ment of H.R. 2084, the Department of Trans- portation and Related Agencies Appropria- even drunk. A total of 5,374 people died in ac- the Department of Justice and, there- tions Act, 2000. cidents involving large trucks which represents fore, without this language, we would The need to act is clear. We currently have 13 percent of all the traffic fatalities in 1998 have had standing in law the Motor 922 cases pending, involving a total of and in addition 127,000 were injured in those Carrier Evasion Relief Act of 1999 in $5,985,000 in outstanding civil penalty claims. crashes. which motor carriers simply violate Our work with the Department’s Inspector In Houston, Texas, a man (Kurt Groten) 38 the law, cannot be pursued, cannot be General and the U.S. Attorney’s office is in years old and his three children David, 5, penalized and safety cannot be en- abeyance, and the exercise of some other au- Madeline, 3, and Adam, 1, were killed in a thorities is now subject to question. forced. With the language we bring to The need to act expeditiously on perma- horrific accident when a 18-wheel truck the House floor today, we correct that nent legislation that increases the resources crashed into their vehicle. His wife, the only problem. And, happily, we will also be and regulatory and enforcement tools of the survivor of the crash, testified in criminal pro- able to bring to the House floor our motor carrier office is also clear. Congress ceedings against the driver last week stating ``I October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9875 saw that there was a whole 18-wheeler on top The SPEAKER pro tempore. Is there Doyle Kingston Porter Dreier Kleczka Portman of our car. * * * I remember standing there objection to the request of the gen- Duncan Klink Price (NC) and screaming, `My life is over! All of my chil- tleman from Wisconsin? Dunn Knollenberg Pryce (OH) dren are dead!' '' There was no objection. Edwards Kolbe Quinn Martinez was convicted on last Friday and Ehlers Kucinich Radanovich f Ehrlich Kuykendall Rahall the jury now must decide if he gets probation Emerson LaFalce Ramstad or up to 20 years in prison for each of the four ANNOUNCEMENT BY THE SPEAKER Engel LaHood Rangel counts of intoxication manslaughter. PRO TEMPORE English Lampson Regula This is but one example of the thousands of Eshoo Lantos Reyes terrible and fatal trucking accidents that are The SPEAKER pro tempore. Pursu- Etheridge Largent Reynolds ant to clause 8 of rule XX, the Chair Evans Larson Riley caused every year on our nation's roads and Everett Latham Rivers highways. will now put the question on each mo- Ewing LaTourette Rodriguez We need an agency within the government tion to suspend the rules on which fur- Farr Lazio Roemer to ensure that the rules are adhered to and ther proceedings were postponed ear- Filner Leach Rogan lier today in the order in which that Fletcher Lee Rogers those safety technologies like recording de- Foley Levin Rohrabacher vices are implemented into the system. I want motion was entertained. Forbes Lewis (CA) Ros-Lehtinen to ensure, like many Members, that there are Votes will be taken in the following Ford Lewis (GA) Rothman order: Fossella Lewis (KY) Roukema no more Mrs. Groten's in America. Fowler Linder Roybal-Allard Truckers are required to maintain logbooks House Resolution 303, by the yeas and Frank (MA) Lipinski Royce for their hours of service. But truckers have nays; Franks (NJ) LoBiondo Rush routinely falsified records, and many industry S. 800, by the yeas and nays; and Frelinghuysen Lofgren Ryan (WI) H.R. 2130, de novo. Frost Lowey Ryun (KS) observers say, to the point that they are often Gallegly Lucas (KY) Sabo referred to as ``comic books.'' In their 1995 The Chair will reduce to 5 minutes Ganske Lucas (OK) Salmon findings the National Transportation Safety the time for any electronic vote after Gejdenson Luther Sanchez the first such vote in this series. Gekas Maloney (CT) Sanders Board found driver fatigue and lack of sleep Gephardt Maloney (NY) Sandlin were factors in up to 30 percent of truck f Gibbons Manzullo Sanford crashes that resulted in fatalities. In 1992 re- Gilchrest Markey Sawyer port the NTSB reported that an astonishing 19 SENSE OF THE HOUSE URGING 95 Gillmor Martinez Saxton Gilman Mascara Schaffer percent of truck drivers surveyed said they PERCENT OF FEDERAL EDU- Gonzalez Matsui Schakowsky had fallen asleep at the wheel while driving. CATION DOLLARS BE SPENT IN Goode McCarthy (MO) Sensenbrenner Recorders on trucks can provide a THE CLASSROOM Goodlatte McCarthy (NY) Serrano Goodling McCollum Sessions tamperproof mechanism that can be used for The SPEAKER pro tempore. The Gordon McCrery Shadegg accident investigation and to enforce the pending business is the question of sus- Goss McDermott Shaw hours-of-service regulations, rather that relying pending the rules and agreeing to the Graham McGovern Shays on the driver's handwritten logs. Granger McHugh Sherman resolution, House Resolution 303, as Green (TX) McInnis Sherwood Mr. Speaker, I know that the trucking indus- amended. Green (WI) McIntosh Shimkus try is concerned by the added cost of the re- The Clerk read the title of the resolu- Greenwood McIntyre Shows corders. I also appreciate the fact that close to tion. Gutierrez McKeon Shuster eighty percent of this country's goods move by Gutknecht McKinney Simpson The SPEAKER pro tempore. The Hall (OH) McNulty Sisisky truck and that the industry has a major impact question is on the motion offered by Hall (TX) Meehan Skeen on our economy. But can we afford to put our the gentleman from Pennsylvania (Mr. Hansen Meeks (NY) Skelton wallets before safety? Ask yourselves where Hastings (FL) Menendez Slaughter GOODLING) that the House suspend the Hastings (WA) Metcalf Smith (MI) we would be without recorders in commercial rules and agree to the resolution, Hayes Mica Smith (NJ) aviation, rail, or the marine industry? I think House Resolution 303, as amended, on Hayworth Millender- Smith (TX) that I have good idea what the answer is, we which the yeas and nays are ordered. Hefley McDonald Smith (WA) would not know what caused that accident nor Herger Miller (FL) Snyder The vote was taken by electronic de- Hill (IN) Miller, Gary Souder would we be able to learn from our mistakes. vice, and there were—yeas 421, nays 5, Hill (MT) Miller, George Spence Mr. Speaker, let us vote today to put action not voting 7, as follows: Hilleary Minge Spratt behind our discussion and ensure that safety Hilliard Moakley Stabenow comes first. [Roll No. 491] Hinchey Mollohan Stark YEAS—421 Hinojosa Moore Stearns Mr. RAHALL. Mr. Speaker, I have no Hobson Moran (KS) Stenholm further requests for time, and I yield Ackerman Boehner Collins Hoeffel Moran (VA) Strickland back the balance of my time. Aderholt Bonilla Combest Hoekstra Morella Stump Mr. PETRI. Mr. Speaker, I yield back Allen Bonior Condit Holden Murtha Stupak Andrews Bono Conyers Holt Myrick Sununu the balance of my time. Archer Borski Cook Hooley Napolitano Sweeney The SPEAKER pro tempore (Mr. Armey Boswell Cooksey Horn Neal Talent SHIMKUS). The question is on the mo- Bachus Boucher Costello Hostettler Nethercutt Tancredo tion offered by the gentleman from Baird Boyd Cox Houghton Ney Tanner Baker Brady (PA) Coyne Hoyer Northup Tauscher Wisconsin (Mr. PETRI) that the House Baldacci Brady (TX) Cramer Hulshof Norwood Tauzin suspend the rules and pass the bill, Baldwin Brown (FL) Crane Hunter Nussle Taylor (MS) H.R. 3036, as amended. Ballenger Brown (OH) Crowley Hutchinson Oberstar Taylor (NC) The question was taken; and (two- Barcia Bryant Cubin Hyde Obey Terry Barr Burr Cummings Inslee Olver Thomas thirds having voted in favor thereof) Barrett (NE) Burton Cunningham Isakson Ortiz Thompson (CA) the rules were suspended and the bill, Barrett (WI) Buyer Danner Istook Ose Thompson (MS) as amended, was passed. Bartlett Callahan Davis (FL) Jackson (IL) Owens Thornberry Barton Calvert Davis (IL) The title of the bill was amended so Jackson-Lee Oxley Thune Bass Camp Davis (VA) (TX) Packard Thurman as to read: ‘‘A bill to restore motor car- Bateman Campbell Deal Jenkins Pallone Tiahrt rier safety enforcement authority to Becerra Canady DeFazio John Pastor Tierney Bentsen Cannon DeGette Johnson (CT) Paul Toomey the Department of Transportation.’’. Bereuter Capps Delahunt A motion to reconsider was laid on Johnson, E. B. Payne Towns Berkley Capuano DeLauro Johnson, Sam Pease Traficant the table. Berman Cardin DeLay Jones (NC) Pelosi Turner f Berry Carson DeMint Jones (OH) Peterson (MN) Udall (CO) Biggert Castle Deutsch Kanjorski Peterson (PA) Udall (NM) GENERAL LEAVE Bilbray Chabot Diaz-Balart Kaptur Petri Upton Bilirakis Chambliss Dickey Kasich Phelps Velazquez Mr. PETRI. Mr. Speaker, I ask unani- Bishop Chenoweth-Hage Dicks Kelly Pickering Vento mous consent that all Members may Blagojevich Clay Dingell Kennedy Pickett Visclosky have 5 legislative days within which to Bliley Clayton Dixon Kildee Pitts Vitter Blumenauer Clement Doggett revise and extend their remarks on Kind (WI) Pombo Walden Blunt Clyburn Dooley King (NY) Pomeroy Walsh H.R. 3036, the bill just passed. Boehlert Coble Doolittle H9876 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Wamp Weldon (PA) Wise Condit Hoeffel Moran (KS) Stenholm Thurman Watt (NC) Watkins Weller Wolf Conyers Hoekstra Moran (VA) Strickland Tiahrt Watts (OK) Watt (NC) Wexler Woolsey Cook Holden Morella Stump Tierney Waxman Watts (OK) Weygand Wu Cooksey Holt Murtha Stupak Toomey Weiner Waxman Whitfield Wynn Costello Hooley Myrick Sununu Towns Weldon (FL) Weiner Wicker Young (AK) Cox Horn Nadler Sweeney Traficant Weldon (PA) Weldon (FL) Wilson Young (FL) Coyne Hostettler Napolitano Talent Turner Weller Tancredo Udall (CO) Wexler NAYS—5 Cramer Houghton Neal Crane Hoyer Nethercutt Tanner Udall (NM) Weygand Abercrombie Nadler Waters Crowley Hulshof Ney Tauscher Upton Whitfield Mink Scott Cubin Hunter Northup Tauzin Velazquez Wicker Taylor (MS) Vento Wilson NOT VOTING—7 Cummings Hutchinson Norwood Cunningham Hyde Nussle Taylor (NC) Visclosky Wise Coburn Kilpatrick Scarborough Danner Inslee Oberstar Terry Vitter Wolf Fattah Meek (FL) Davis (FL) Isakson Obey Thomas Walden Woolsey Jefferson Pascrell Davis (IL) Istook Olver Thompson (CA) Walsh Wu Thompson (MS) Wamp Wynn b Davis (VA) Jackson (IL) Ortiz 1945 Deal Jackson-Lee Ose Thornberry Waters Young (AK) Mrs. NORTHUP changed her vote DeFazio (TX) Owens Thune Watkins Young (FL) from ‘‘nay’’ to ‘‘yea.’’ DeGette Jenkins Oxley NAYS—2 Delahunt John Packard So (two-thirds having voted in favor DeLauro Johnson (CT) Pallone Chenoweth-Hage Paul thereof) the rules were suspended and DeLay Johnson, E. B. Pastor the resolution, as amended, was agreed DeMint Johnson, Sam Payne NOT VOTING—7 to. Deutsch Jones (NC) Pease Coburn Meek (FL) Scarborough The result of the vote was announced Diaz-Balart Jones (OH) Pelosi Jefferson Pascrell Dickey Kanjorski Peterson (MN) Kilpatrick Roukema as above recorded. Dicks Kaptur Peterson (PA) A motion to reconsider was laid on Dingell Kasich Petri b the table. Dixon Kelly Phelps 1953 f Doggett Kennedy Pickering So (two-thirds having voted in favor Kildee Dooley Pickett thereof), the rules were suspended and ANNOUNCEMENT BY THE SPEAKER Doolittle Kind (WI) Pitts the Senate bill was passed. PRO TEMPORE Doyle King (NY) Pombo Dreier Kingston Pomeroy The result of the vote was announced The SPEAKER pro tempore (Mr. Duncan Kleczka Porter as above recorded. SHIMKUS). Pursuant to the provisions Dunn Klink Portman Edwards Knollenberg Price (NC) A motion to reconsider was laid on of clause 8 of rule XX, the Chair an- Ehlers Kolbe Pryce (OH) the table. nounces that he will reduce to a min- Ehrlich Kucinich Quinn imum of 5 minutes the period of time Emerson Kuykendall Radanovich f within which a vote by electronic de- Engel LaFalce Rahall English LaHood Ramstad vice may be taken on each additional Eshoo Lampson Rangel HILLORY J. FARIAS DATE-RAPE motion to suspend the rules on which Etheridge Lantos Regula PREVENTION DRUG ACT OF 1999 the Chair has postponed further pro- Evans Largent Reyes ceedings. Everett Larson Reynolds The SPEAKER pro tempore. The Ewing Latham Riley f pending business is the question of sus- Farr LaTourette Rivers pending the rules and passing the bill, Fattah Lazio Rodriguez WIRELESS COMMUNICATIONS AND Filner Leach Roemer H.R. 2130, as amended. PUBLIC SAFETY ACT OF 1999 Fletcher Lee Rogan The Clerk read the title of the bill. The SPEAKER pro tempore. The Foley Levin Rogers The SPEAKER pro tempore. The Forbes Lewis (CA) Rohrabacher pending business is the question of sus- Ford Lewis (GA) Ros-Lehtinen question is on the motion offered by pending the rules and passing the Sen- Fossella Lewis (KY) Rothman the gentleman from Michigan (Mr. ate bill, S. 800. Fowler Linder Roybal-Allard UPTON) that the House suspend the The Clerk read the title of the Senate Frank (MA) Lipinski Royce rules and pass the bill, H.R. 2130, as Franks (NJ) LoBiondo Rush bill. Frelinghuysen Lofgren Ryan (WI) amended. The SPEAKER pro tempore. The Frost Lowey Ryun (KS) The question was taken; and the question is the motion offered by the Gallegly Lucas (KY) Sabo Speaker pro tempore announced that gentleman from Louisiana (Mr. TAU- Ganske Lucas (OK) Salmon the ayes appeared to have it. Gejdenson Luther Sanchez ZIN) that the House suspend the rules Gekas Maloney (CT) Sanders Mr. UPTON. Mr. Speaker, on that I and pass the Senate bill, S. 800, on Gephardt Maloney (NY) Sandlin demand the yeas and nays. which the yeas and nays are ordered. Gibbons Manzullo Sanford The yeas and nays were ordered. Gilchrest Markey Sawyer This will be a 5-minute vote. The vote was taken by electronic de- The vote was taken by electronic de- Gillmor Martinez Saxton Gilman Mascara Schaffer vice, and there were—yeas 423, nays 1, vice, and there were—yeas 424, nays 2, Gonzalez Matsui Schakowsky not voting 9, as follows: not voting 7, as follows: Goode McCarthy (MO) Scott [Roll No. 493] [Roll No. 492] Goodlatte McCarthy (NY) Sensenbrenner Goodling McCollum Serrano YEAS—423 YEAS—424 Gordon McCrery Sessions Abercrombie Berkley Bryant Goss McDermott Shadegg Abercrombie Berkley Bryant Ackerman Berman Burr Graham McGovern Shaw Ackerman Berman Burr Aderholt Berry Burton Granger McHugh Shays Aderholt Berry Burton Allen Biggert Buyer Green (TX) McInnis Sherman Allen Biggert Buyer Andrews Bilbray Callahan Green (WI) McIntosh Sherwood Andrews Bilbray Callahan Archer Bilirakis Calvert Greenwood McIntyre Shimkus Archer Bilirakis Calvert Armey Bishop Camp Gutierrez McKeon Shows Armey Bishop Camp Bachus Blagojevich Campbell Gutknecht McKinney Shuster Bachus Blagojevich Campbell Baird Bliley Canady Hall (OH) McNulty Simpson Baird Bliley Canady Baker Blumenauer Cannon Hall (TX) Meehan Sisisky Baker Blumenauer Cannon Baldacci Blunt Capps Hansen Meeks (NY) Skeen Baldacci Blunt Capps Baldwin Boehlert Capuano Hastings (FL) Menendez Skelton Baldwin Boehlert Capuano Ballenger Boehner Cardin Hastings (WA) Metcalf Slaughter Ballenger Boehner Cardin Barcia Bonilla Carson Hayes Mica Smith (MI) Barcia Bonilla Carson Barr Bonior Castle Hayworth Millender- Smith (NJ) Barr Bonior Castle Barrett (NE) Bono Chabot Hefley McDonald Smith (TX) Barrett (NE) Bono Chabot Barrett (WI) Borski Chambliss Herger Miller (FL) Smith (WA) Barrett (WI) Borski Chambliss Bartlett Boswell Clay Hill (IN) Miller, Gary Snyder Bartlett Boswell Chenoweth-Hage Barton Boucher Clayton Hill (MT) Miller, George Souder Barton Boucher Clay Bass Boyd Clement Hilleary Minge Spence Bass Boyd Clayton Bateman Brady (PA) Clyburn Hilliard Mink Spratt Bateman Brady (PA) Clement Becerra Brady (TX) Coble Hinchey Moakley Stabenow Becerra Brady (TX) Clyburn Bentsen Brown (FL) Collins Hinojosa Mollohan Stark Bentsen Brown (FL) Coble Bereuter Brown (OH) Combest Hobson Moore Stearns Bereuter Brown (OH) Collins October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9877 Combest Hobson Morella Stump Tierney Waxman leged report (Rept. No. 106–375) on the Condit Hoeffel Murtha Stupak Toomey Weiner Conyers Hoekstra Myrick Sununu Towns Weldon (FL) resolution (H. Res. 326) waiving points Cook Holden Nadler Sweeney Traficant Weldon (PA) of order against the conference report Cooksey Holt Napolitano Talent Turner Weller to accompany the bill (H.R. 2561) mak- Costello Hooley Neal Tancredo Udall (CO) Wexler ing appropriations for the Department Cox Horn Nethercutt Tanner Udall (NM) Weygand Coyne Hostettler Ney Tauscher Upton Whitfield of Defense for the fiscal year ending Cramer Houghton Northup Tauzin Velazquez Wicker September 30, 2000, and for other pur- Crane Hoyer Norwood Taylor (MS) Vento Wilson poses, which was referred to the House Crowley Hulshof Nussle Taylor (NC) Visclosky Wise Calendar and ordered to be printed. Cubin Hunter Oberstar Terry Vitter Wolf Cummings Hutchinson Obey Thomas Walden Woolsey f Cunningham Hyde Olver Thompson (CA) Walsh Wu Danner Inslee Ortiz Thompson (MS) Wamp Wynn Davis (FL) Isakson Ose Thornberry Waters Young (AK) REPORT ON RESOLUTION PRO- Davis (IL) Istook Owens Thune Watkins Young (FL) VIDING FOR CONSIDERATION OF Davis (VA) Jackson (IL) Oxley Thurman Watt (NC) H.R. 1993, EXPORT ENHANCEMENT Tiahrt Watts (OK) Deal Jackson-Lee Packard ACT OF 1999 DeFazio (TX) Pallone NAYS—1 DeGette Jenkins Pastor Mr. DIAZ-BALART, from the Com- Delahunt John Payne Paul mittee on Rules, submitted a privi- DeLauro Johnson (CT) Pease NOT VOTING—9 DeLay Johnson, E. B. Pelosi leged report (Rept. No. 106–376) on the DeMint Johnson, Sam Peterson (MN) Coburn Meek (FL) Roukema resolution (H. Res. 327) providing for Deutsch Jones (NC) Peterson (PA) Jefferson Millender- Scarborough consideration of the bill (H.R. 1993) to Kilpatrick McDonald Diaz-Balart Jones (OH) Petri reauthorize the Overseas Private In- Dickey Kanjorski Phelps Lazio Pascrell vestment Corporation and the Trade Dicks Kaptur Pickering b 2001 Dingell Kasich Pickett and Development Agency, and for other Dixon Kelly Pitts So (two-thirds having voted in favor purposes, which was referred to the Doggett Kennedy Pombo thereof), the rules were suspended and House Calendar and ordered to be Dooley Kildee Pomeroy the bill, as amended, was passed. Doolittle Kind (WI) Porter printed. Doyle King (NY) Portman The result of the vote was announced Dreier Kingston Price (NC) as above recorded. f Duncan Kleczka Pryce (OH) The title was amended so as to read: Dunn Klink Quinn ‘‘A bill to amend the Controlled Sub- SPECIAL ORDERS Edwards Knollenberg Radanovich stances Act to add gamma hydroxybutyric The SPEAKER pro tempore. Under Ehlers Kolbe Rahall acid and ketamine to the schedules of con- Ehrlich Kucinich Ramstad the Speaker’s announced policy of Jan- Emerson Kuykendall Rangel trolled substances, to provide for a national awareness campaign, and for other pur- uary 6, 1999, and under a previous order Engel LaFalce Regula of the House, the following Members English LaHood Reyes poses.’’. Eshoo Lampson Reynolds A motion to reconsider was laid on will be recognized for 5 minutes each. Etheridge Lantos Riley the table. f Evans Largent Rivers Everett Larson Rodriguez f The SPEAKER pro tempore. Under a Ewing Latham Roemer previous order of the House, the gen- Farr LaTourette Rogan PERSONAL EXPLANATION Fattah Leach Rogers tleman from Indiana (Mr. BURTON) is Ms. KILPATRICK. Mr. Speaker, due to a recognized for 5 minutes. Filner Lee Rohrabacher death in my family, I was unable to be present Fletcher Levin Ros-Lehtinen (Mr. BURTON of Indiana addressed at several votes that occurred today. Had I Foley Lewis (CA) Rothman the House. His remarks will appear Forbes Lewis (GA) Roybal-Allard been present, I would have voted ``no'' on H. hereafter in the Extensions of Re- Ford Lewis (KY) Royce Res. 303, ``aye'' on S. 800 and ``aye'' on H.R. Fossella Linder Rush marks.) Fowler Lipinski Ryan (WI) 2130. Frank (MA) LoBiondo Ryun (KS) f f Franks (NJ) Lofgren Sabo Frelinghuysen Lowey Salmon REPORT ON OPERATION OF CARIB- INTRODUCING A BIPARTISAN RES- Frost Lucas (KY) Sanchez BEAN BASIN ECONOMIC RECOV- OLUTION ENCOURAGING A PART- Gallegly Lucas (OK) Sanders ERY ACT—MESSAGE FROM THE Ganske Luther Sandlin NERSHIP BETWEEN CONGRESS Gejdenson Maloney (CT) Sanford PRESIDENT OF THE UNITED AND THE CENSUS BUREAU TO Gekas Maloney (NY) Sawyer STATES ACHIEVE AN ACCURATE COUNT Gephardt Manzullo Saxton Gibbons Markey Schaffer The SPEAKER pro tempore (Mr. IN THE 2000 CENSUS SHIMKUS) laid before the House the fol- Gilchrest Martinez Schakowsky The SPEAKER pro tempore. Under a Gillmor Mascara Scott lowing message from the President of previous order of the House, the gentle- Gilman Matsui Sensenbrenner the United States; which was read and, Gonzalez McCarthy (MO) Serrano woman from New York (Mrs. MALONEY) together with the accompanying pa- Goode McCarthy (NY) Sessions is recognized for 5 minutes. pers, without objection, referred to the Goodlatte McCollum Shadegg Mrs. MALONEY of New York. Mr. Goodling McCrery Shaw Committee on Ways and Means: Speaker, I really rise to thank the gen- Gordon McDermott Shays To the Congress of the United States: Goss McGovern Sherman As required by section 214 of the Car- tleman from Florida (Chairman MIL- Graham McHugh Sherwood LER) from the Subcommittee on the Granger McInnis Shimkus ibbean Basin Economic Recovery Ex- Green (TX) McIntosh Shows pansion Act of 1990 (19 U.S.C. 2702(f)), I Census for working in a bipartisan Green (WI) McIntyre Shuster transit herewith to the Congress the manner on a resolution that we have Greenwood McKeon Simpson put forward, and on tomorrow’s brief- Gutierrez McKinney Sisisky Third Report on the Operation of the Gutknecht McNulty Skeen Caribbean Basin Economic Recovery ing which we have invited every Mem- Hall (OH) Meehan Skelton Act. ber of the House to attend, a briefing Hall (TX) Meeks (NY) Slaughter WILLIAM J. CLINTON. by Director Prewitt on ways to involve Hansen Menendez Smith (MI) Members in getting an accurate count Hastings (FL) Metcalf Smith (NJ) THE WHITE HOUSE, October 12, 1999. Hastings (WA) Mica Smith (TX) f for the Census. Hayes Miller (FL) Smith (WA) I know that in the past we have had Hayworth Miller, Gary Snyder REPORT ON RESOLUTION WAIVING our differences over the best way to Hefley Miller, George Souder POINTS OF ORDER AGAINST CON- Herger Minge Spence conduct the Census, but I think we Hill (IN) Mink Spratt FERENCE REPORT ON H.R. 2561, both now agree that now is the time to Hill (MT) Moakley Stabenow DEPARTMENT OF DEFENSE AP- put those differences behind us and to Hilleary Mollohan Stark PROPRIATIONS ACT, 2000 go forward with the business of con- Hilliard Moore Stearns Hinchey Moran (KS) Stenholm Mr. DIAZ-BALART, from the Com- ducting the massive operation of the Hinojosa Moran (VA) Strickland mittee on Rules, submitted a privi- 2000 census. H9878 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Mr. Speaker, I am very happy to join ENCOURAGING MEMBERS TO JOIN funds annually. The Census tells us the gentleman from Florida (Mr. MIL- IN PARTNERSHIP WITH THE CEN- where schools, roads, and lunch pro- LER) on House Resolution 193, a resolu- SUS BUREAU TO ACHIEVE AN grams are most needed. We as rep- tion which reaffirms the spirit of co- ACCURATE CENSUS resentatives owe it to our constituents operation between the Census Bureau The SPEAKER pro tempore. Under a to make sure they receive the services and Congress, and establishes a public previous order of the House, the gen- they need. The best way to do this is partnership between us. tleman from Florida (Mr. MILLER) is through promoting participation in our This partnership is vital because, recognized for 5 minutes. districts. This is not a Republican issue though the Bureau is doing a very fine Mr. MILLER of Florida. Mr. Speaker, or a Democratic issue, this is an Amer- job in preparing for the 2000 Census, it I rise in agreement with my colleague, ican issue. Tomorrow we will be celebrating the truly is a huge undertaking which de- the gentlewoman from New York (Mrs. kickoff of this vitally important part- serves the support it can receive from MALONEY). We have had our differences nership. The gentlewoman from New any sector. over the past 2 years with the Census issue, but this is one time we are now York (Mrs. MALONEY) and her staff Just to give an idea of the scale of coming together, as we are so close to have been working very hard to make the 2000 Census, it will be the largest our decennial census, which has just this partnership between the Bureau peacetime mobilization ever conducted about 6 months to go. and the House of Representatives a by our country. It will count approxi- Our goal is common: We want to have success. mately 275 million people and 120 mil- the most accurate count, and count ev- Tomorrow, Director Kenneth Prewitt lion housing units across this Nation. erybody living in this great country as will be holding a briefing for Members In order to carry out this massive oper- of April 1 of the year 2000. only to explain this partnership pro- ation, the Census Bureau will have to Tonight I rise to discuss an impor- gram and answer any questions they process 1.5 billion pieces of paper, and tant program of the Census Bureau. have. I urge all of my colleagues to at- it will have to do this in a very short That is a bipartisan congressional part- tend the briefing tomorrow to learn time period. To conduct the 2000 Cen- nership with the Bureau to promote more about this partnership program sus, the Bureau will have to fill more the participation in the 2000 decennial and how Members can get involved in than 860,000 temporary positions. They census. It is just 6 months away, and their own districts. will have to hire more people than are the Bureau will undertake the largest I think Members will find the Bureau in the Army. peacetime mobilization in the Nation’s has put together a comprehensive set history, conducting the 2000 Census. of activities that Members can easily In a very real sense, the 2000 Census This massive undertaking deserves take back to their districts to increase has already begun. The forms are being our support at the local level. The key public participation. Following the printed and transported across the Na- to ensuring a successful census that briefing, we will hold a press con- tion. The Bureau plans to open 520 counts everyone in America is out- ference to unveil House Concurrent local Census offices. One hundred thir- reach and promotion in every neighbor- Resolution 193, a resolution that af- ty of those are already open, and the hood. Broad-based participation in the firms a partnership between the Census remaining 390 are leased and will be Census must start from within our Bureau and the House of Representa- open on a flow basis through the begin- communities. The Census Bureau must ning of next year. use every effort possible to promote tives. House Concurrent Resolution 193 participation in the Census. While the recognizes the importance of achieving Every Member of Congress needs to a successful census, encouraging do all they can to encourage this part- Census Bureau does this in several ways, I am here to talk about one of groups to continue to work towards a nership with the 2000 Census from their successful census, reaffirms our spirit newsletters, from public service an- the more important ways I feel the Census Bureau promotes the Census, of cooperation with the Census Bureau, nouncements, to participating in local and asserts a public partnership be- forums. and those are the partnerships. The Census Bureau is in the process tween Congress and the Bureau of the One new program the Bureau has de- of forming partnerships with hundreds Census. veloped for the Census, which I think is and thousands of groups, organizations, While we may have had our dif- particularly effective, is Census in the and individuals from all sectors of the ferences in the past, the gentlewoman Schools. More than 50 percent of all population and all sizes, ranging from from New York (Mrs. MALONEY) and I those not counted in 1990 were chil- Goodwill Industries to local places of have joined forces to introduce this dren. The Census in Schools program worship. It is only fitting and proper legislation, which merits broad-based aims to help children learn what a Cen- that Congress join with these groups bipartisan support. The decennial cen- sus is and why it is important to them across the Nation by partnering with sus is a cornerstone of our democracy, and their families and their commu- the Census Bureau, and that is why I and it is vital that all Members of Con- nity at large. The program also aims to am speaking here this evening. gress, Democrats and Republicans increase participation in Census 2000 by This proposed partnership with Mem- alike, publicly support activities to en- engaging not only the children but bers of the House of Representatives hance public participation. their parents, so that they will fill out seems to me to be one of the most log- I encourage my colleagues to cospon- the Census forms. It will also help re- ical partnerships of all. These partner- sor House Concurrent Resolution 193 cruit teachers and parents to work as ship programs are designed to utilize and to bolster congressional presence Census-takers. the resources and knowledge of the during tomorrow’s activities. Mr. Speaker, State, local, and tribal local partners, and who knows better f governments, as well as businesses and the local area and the problems the Bu- REVISIONS TO ALLOCATION FOR nonprofit organizations, have become reau may face than Members who serve HOUSE COMMITTEE ON APPRO- those districts? partners with the Census Bureau in the PRIATIONS, PURSUANT TO Moreover, there are 435 Members in effort to make the 2000 Census the best HOUSE REPORT 106–288, TO RE- this House who worked tirelessly for ever. our districts, and most of us go home FLECT ADDITIONAL NEW BUDG- The constitutionally-mandated Cen- every weekend to work very hard for ET AUTHORITY AND OUTLAYS sus we take every 10 years is one of the the people who elected us as their rep- FOR EMERGENCIES most important civic rituals our Na- resentatives. We know what it will The Speaker pro tempore. Under a tion has. It determines the distribution take to have a successful Census in our previous order of the House, the gen- of over $185 billion in Federal aid. It de- districts, and what better way to serve tleman from Ohio (Mr. KASICH) is rec- termines the distribution of political these very people than promoting the ognized for 5 minutes. and economic power in our country for Census and helping them get the most Mr. KASICH. Mr. Speaker, pursuant to Sec. a decade. I urge every Member to ac- accurate count possible? 314 of the Congressional Budget Act, I hereby tively participate in making it a suc- After all, the decennial census dis- submit for printing in the CONGRESSIONAL cess. tributes over $180 billion in Federal RECORD revisions to the allocation for the October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9879 House Committee on Appropriations pursuant THE CONTINUING IMPACT OF look at their creditworthiness, mean- to House Report 106±288 to reflect HURRICANE FLOYD ing how much debt they have in rela- $7,200,000,000 in additional new budget au- The SPEAKER pro tempore. Under a tion to income, already they are at the thority and $4,817,000,000 in additional out- previous order of the House, the gentle- margin of not being credit-worthy. So lays for emergencies. This will increase the al- woman from North Carolina (Mrs. we have to begin to think about new location to the House Committee on Appro- CLAYTON) is recognized for 5 minutes. structures to respond to both our farm- priations to $561,834,000,000 in budget au- Mrs. CLAYTON. Mr. Speaker, I rise ers and our small businesses. thority and $597,532,000,000 in outlays for fis- again to remind my colleagues that the I know the gentlewoman from New cal year 2000. This will increase the aggregate impact of Hurricane Floyd continues to Jersey (Mrs. ROUKEMA) and the gen- total to $1,452,283,000,000 in budget authority affect the people of North Carolina and tleman from New Jersey (Mr. FRANKS) and $1,434,669,000,000 in outlays for fiscal the people of the eastern shore, from and gentlewoman from New York (Mrs. year 2000. Florida all the way to New York. There KELLY) and the gentlewoman from Florida (Mrs. FOWLER) have begun to As reported to the House, H.R. 2561, the have been deaths even up as far as work, and I am working with that conference report accompanying the bill mak- Vermont. group, to see how we can ask this Con- ing appropriations for the Department of De- But in North Carolina, that devasta- gress to look at maybe a one-time ef- fense for fiscal year 2000, includes tion is of untold proportions. There are fort to give some relief indeed to both $7,200,000,000 in budget authority and more than 58,000 people now that have small businesses and farmers. I just $4,817,000,000 in outlays for emergencies. responded to the opportunity to call FEMA’s intake line indicating they want to urge my colleagues to consider These adjustments shall apply while the leg- need assistance through FEMA. They that. islation is under consideration and shall take need assistance immediately, and this Finally, let me just say that we begin effect upon final enactment of the legislation. government and this body needs to act. to think that this only affects people Questions may be directed to Art Sauer or Jim I want to say that the people of in North Carolina. Well, on Saturday Bates at x6±7270. America have been just tremendously night, there was a family that had ADDITIONAL REVISIONS TO ALLOCATION FOR HOUSE generous in responding and having come from this area, had come down to COMMITTEE ON APPROPRIATIONS, PURSUANT TO compassion and showing sensitivity, visit their relatives in the home county HOUSE REPORT 106±288, TO REFLECT ADDITIONAL and by giving of their own personal I live in, in Warren County, a young NEW BUDGET AUTHORITY AND OUTLAYS FOR EMER- goods or their organizations or church- man who is a young professional, 41 GENCIES es or relief organizations. years of age and into computer science, Mr. Speaker, pursuant to sec. 314 of the But that is insufficient to respond to had come to visit his relatives and had Congressional Budget Act, I hereby submit for the needs of the 58,000 people who have gone a familiar road but did not see the printing in the Congressional Record revisions lost their homes. Some have lost their sign or the sign was not very well dis- to the allocation for the House Committee on income, the facilities or the infrastruc- played. There was a detour and the wa- Appropriations pursuant to House Report 106± ture that they are accustomed to ters under that bridge were flooding 288 to reflect $2,310,000,000 in additional using, their wastewater system, their above the bridge and that family of five new budget authority and $1,591,000,000 in water system. in that van ended up in the water and the 8-year-old is dead today and the additional outlays for emergencies. The bill b 2015 also includes $405,000,000 in additional budg- other four members of that family, I met today in Greenville with farm- et authority and $352,000,000 in additional from this area, are now in serious and ers from around four counties. There outlays in continuing disabilities reviews, as critical condition at Duke University. were approximately 80 or more farmers well as $20,000,000 in additional budget au- So the impact is tremendous. who had come along with members of thority and $12,000,000 in additional outlays Mr. Speaker, we have an opportunity the agricultural community to talk for adoption incentive payments. This will in- to respond to this tragedy. We have an about their loss and to recognize that crease the allocation to the House Committee opportunity to show that this govern- as the relief funds now are constructed on Appropriations to $554,634,000,000 in ment is responsive as Americans to us, they are likely not to be included in budget authority and $592,715,000,000 in out- and we will indeed do the right thing. that relief. If a farmer has lost his ma- lays for fiscal year 2000. This will increase the I urge us to do a relief program that is chinery or his livestock or his crops, aggregate total to $1,445,083,000,000 in responsive to the needs of all the peo- how do we use that as a way of miti- budget authority and $1,429,852,000,000 in ple who are in the area of Hurricane gating his loss? Only through now, as outlays for fiscal year 2000. Floyd. the law is constructed, only through a f As reported to the House, H.R. 3037, the loan. Many of our small farmers are bill making appropriations for Labor, Health really on the fringes now of not know- THERE IS SORROW WHEN ANYONE and Human Services, Education and Related ing whether they will stay in business. IS LOST, BUT ESPECIALLY OUR Agencies for fiscal year 2000, includes I met with the grangers on Friday on CHILDREN $2,310,000,000 in budget authority and the report from the North Carolina The SPEAKER pro tempore (Mr. $1,591,000,000 in outlays for emergencies. Grangers Society. There may be as SHERWOOD). Under a previous order of The bill also includes $405,000,000 in budget much as 18 to 20 percent of the farmers the House, the gentlewoman from authority and $352,000,000 in outlays in con- going out of business now. I would say Texas (Ms. JACKSON-LEE) is recognized tinuing disabilities reviews, as well as that many of the farmers were having for 5 minutes. $20,000,000 in budget authority and problems before now, but if we com- Ms. JACKSON-LEE of Texas. Mr. $12,000,000 in outlays for adoption incentive pound the impact of losing 120,000 hogs, Speaker, there are several items that I payments. 2.5 million chickens, almost a million would like to address this evening. Ear- These adjustments shall apply while the leg- turkeys and livestock, we compound lier today in debate, I acknowledged islation is under consideration and shall take that with having low prices and calam- that this past weekend, 6 of our young effect upon final enactment of the legislation. ities from the drought, one begins to people in the State of Texas died by Questions may be directed to Art Sauer or Jim get a sense of the devastation and the way of a tragic automobile accident. I Bates at x6±7270. suffering and the uncertainty of tomor- do want to make it clear, as I was row that these farmers are also experi- speaking at the time of the debate on f encing. the Hillory J. Farias date-rape drug, Not only farmers but small busi- that the incident did not involve drugs, The SPEAKER pro tempore. Under a nesses, small businesses in Edgecombe but as someone who advocates for chil- previous order of the House, the gen- County and Tarboro today said many dren, along with many of my col- tleman from New Jersey (Mr. PALLONE) of them in the downtown area, they leagues in this House, I wanted to be is recognized for 5 minutes. were small businesses, they might have able to offer sympathy to the families (Mr. PALLONE addressed the House. had 3 to 5 employees. They are not sure of those wonderful young people and as His remarks will appear hereafter in that a loan is what is going to help well the institutions of higher learning the Extensions of Remarks.) them. Many of them said when they that all of them were then attending, H9880 CONGRESSIONAL RECORD — HOUSE October 12, 1999 and to say that any life is a great loss through my community on interstates, Joining me tonight to examine this but certainly when our young people of which I recognize the importance of phrase and this issue and what our are taken in the prime of their life, 18-wheelers as transportation in the First Amendment rights entail are sev- these youngsters were 18 and 20, 22, 21, carry of goods. And I am not here to eral Members from across this great it is a great loss. So I offer my deepest cast stones, but I am here to say, Mr. Nation. I am pleased to be joined by sympathy to those colleges and the Speaker, we need more safety regula- the gentleman from Colorado (Mr. families and to the friends and young- tion and enforcement as it relates to TANCREDO), the gentleman from North sters who have experienced that, and I 18-wheeler trafficking. Carolina (Mr. JONES), the gentleman hope that we can find a solution to I bring to our attention the tragic from Kentucky (Mr. WHITFIELD), the some of these tragic accidents and find story that occurred this past summer, gentleman from Kansas (Mr. RYUN), a way to prevent tragic car accidents a couple of months ago, to the Lutine and the gentleman from South Caro- like this one, so that we can prevent family, where this widow now tells a lina (Mr. DEMINT), each of whom will this loss of life. story of losing her husband and three examine the words and the intent of Let me also take a special moment to babies because of an 18-wheeler at high our Founding Fathers. speak again on the Hillory J. Farias speed that turned over on them and I would like to begin by examining bill, because there was an individual caused the truck to explode; the vehi- some of the words of some of our that I did not get to thank enough, and cle that the family was riding in, the Founders and Framers of the Constitu- that is the Harris County medical ex- recreational vehicle that the family tion as we look at the issue of encour- aminer, Dr. Joy M. Carter. This has was riding in, and caused the husband aging religion. In debates in this body been a long journey in our community and the children to be burned alive. in recent weeks, some Members have and for the Farias family in particular If I can quote the comment from the criticized proposed measures to protect it has been long because the accusa- wife, the wife and mother of the three, public religious expressions or to allow tions were that the young lady, their these victims, witnessed this sickening voluntarily participation in faith-based niece, their granddaughter, had taken event and as she testified she stood at programs. drugs. This was another drug case, and the scene screaming, ‘‘My life is over. They tell us that it is not the purpose it was only at the persistence of the All my children are dead.’’ of government to encourage religion, law enforcement and Dr. Carter to be I am hoping that we can come to- even if it shows preference to no par- able to answer the cries of the family gether as Members of the United States ticular religious faith or group. Inter- to be able to detect, and Dr. Carter, of Congress and ask that we include a estingly, we hear no criticism when we course, is a woman physician and med- data recorder in all trucks, Mr. Speak- encourage or cooperate with private in- ical examiner who persisted in detect- er, that would provide factual informa- dustry or with business or any other ing or attempting to detect this very tion to determine how these accidents group. Only when we cooperate with difficult drug. occurred so that we can prevent these faith institutions do the critics So I want to thank her for her work accidents. We will have an opportunity emerge. in this, and I want to read from her tes- as we move toward H.R. 2669, as I con- Are the programs and endeavors of timony dated July 27, 1998. clude, the Motor Carrier Safety Act of people of faith below government en- A common feature of date-rape drugs is 1999, this week and I hope we can work couragement? Or do people of faith their ability to be ingested without knowl- together to ensure that these tragedies have some lethal virus which prohibits edge and the inducement of an altered state do not happen again. the government from partnering with of consciousness or memory loss. These f them? Certainly not. What then is the drugs are not easily detected nor considered problem? We are told that for us to en- WHEN HISTORY IS LOOKED AT, regularly as a causative agent in a death or courage religion would be unconstitu- sexual assault so you do not usually look for THERE IS NO CONSTITUTIONAL tional, that it would violate the Con- these drugs. Further, these drugs are not at SEPARATION OF CHURCH AND stitution so wisely devised by our all categorized as Level I or II under the cur- STATE rent Controlled Substances Act. Founding Fathers. This is an argument The SPEAKER pro tempore. Under Today, my colleagues have joined me not founded in history or precedent. It the Speaker’s announced policy of Jan- is an argument of recent origin. It does in directing that, and I applaud them; uary 6, 1999, the gentleman from Penn- but I do want to thank Dr. Carter for not have its roots in our Constitution sylvania (Mr. PITTS) is recognized for but rather in the criticisms of numer- her extra interest and going the extra 60 minutes as the designee of the ma- mile to give comfort to that family, to ous revisionists who wish the Constitu- jority leader. tion said something other than what it know that their young person was not Mr. PITTS. Mr. Speaker, tonight sev- on drugs. actually does. In fact, those who wrote eral of us are again gathered here in the Constitution thought it was proper I would also like to just read an ex- the hall of the House in this legislative cerpt from the letter from the DEA for the government to endorse and en- body that represents the freedom that courage religion. which indicates that the DEA has doc- we know and love in America to dis- umented 5,500 cases of overdose, tox- As proof, consider the words of John cuss what our Founding Fathers be- Jay, one of the three authors of the icity, dependence and law enforcement lieved about the First Amendment, the encounters as it relates to GHB. The Federalist Papers, and the original freedom of religion, the issue of reli- chief justice of the United States Su- DEA has obtained documentation in gious liberty, and the intersection of the form of toxicology, autopsy and in- preme Court. religion and public life. Chief Justice John Jay declared, and vestigative reports from medical exam- Mr. Speaker, there has been a lot I quote, ‘‘It is the duty of all wise, free iners on 49 deaths that involve GHB, said by people of all political ideologies and virtuous governments to coun- and they will continue to monitor this about the role of religion in public life tenance and encourage virtue and reli- and ask that it be in Schedule II if it and the extent to which the two should gion.’’ Chief Justice John Jay was one gets to be determined to be approved intersect, if at all. Lately we have of America’s leading interpreters of the for medical use by the FDA. heard the discussion of issues like Constitution, and he declared it is the f charitable choice, graduation prayers, duty of government to encourage vir- even prayers at football games, oppor- tue and religion. DEADLY 18–WHEELERS SHOULD BE tunity scholarships for children to at- REGULATED ON OUR HIGHWAYS Consider next the words of Oliver tend religious schools, government Ellsworth. He was a member of the Ms. JACKSON-LEE of Texas. Mr. contracting with faith-based institu- convention which framed the Constitu- Speaker, I would like to turn my atten- tions, and the posting of the Ten Com- tion. He was the third chief justice of tion to the discussion that was on the mandments and other religious sym- the United States Supreme Court. floor of the House today and a discus- bols on public property. b sion that has been going on in the City As we hear this discussion, we often 2030 of Houston very briefly and that is the hear the phrase ‘‘separation of church Chief Justice Ellsworth declared, number of 18-wheeler trucks going and state’’ time and time again. ‘‘The primary objects of government October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9881 are peace, order, and prosperity of soci- government is not to be indifferent to them know little or nothing about ety. To the promotion of these objects, religion. those who gave us our documents or good morals are essential. Institutions There are many, many other exam- about the history of American edu- for the promotion of good morals are ples, and they all prove that the cur- cation. However, since I am pro edu- therefore objects of legislative provi- rent arguments demanding that gov- cation, I am certainly willing to help sion and support, and among these, re- ernment not encourage religion or educate my misinformed colleagues ligious institutions are eminently use- allow participation in faith-based pro- across the time on this issue. ful and important.’’ grams are ill-founded. The conflict be- Many of our early statesmen were Chief Justice Oliver Ellsworth, an- tween those today who argue that the great educators. In fact, in the 10 years other of American’s leading inter- Constitution does not permit us to en- after the American Revolution, more preters of the Constitution, and one courage religion, and the actual fram- universities and colleges were started who actually helped frame the Con- ers of the Constitution who assert that than in the entire 150 years before the stitution, declares that religious insti- we may encourage religion is best ex- Revolution. Our Founders were defi- tutions are to be encouraged. pressed by Chief Justice William nitely pro education. They had much Consider, too, the words of Henry Rehnquist who declared, ‘‘It would to say on the subject, and their pro- Laurens, another member of the con- come as much of a shock to those who found impact is still felt today. stitutional convention. Henry Laurens drafted the Bill of Rights to learn that One influential Founding Father edu- declared, ‘‘I had the honor of being one the Constitution prohibits endorsing or cator was Dr. Benjamin Rush, a signer who framed the Constitution. In order encouraging religion. History must of the Declaration of Independence, a effectually to accomplish these great judge whether it was those in 1789, or leader in the ratification of the Con- constitutional ends, it is especially the those today who have strayed from the stitution, and a member of the admin- duty of those who bear rule to promote meaning of the Bill of Rights.’’ istrations of Presidents John Adams, and encourage respect for God and vir- Certainly, clear-thinking Americans Thomas Jefferson, and James Madison. tue.’’ know that those who wrote the Con- The credentials of Dr. Rush are im- Henry Laurens is a third constitu- stitution understand its meaning bet- pressive. He helped start five colleges tional expert, one who participated in ter than today’s critics who try to and universities, three of which are the drafting of the Constitution and make the Constitution say something still going today. Additionally, he pio- who therefore clearly knows its intent, that it does not. neered education for women and for and he declares that it is the duty of It is time for this body to get back to Black Americans, and, along with Ben- government to encourage respect for upholding the actual wording of the jamin Franklin, was the founder of God.’’ Constitution, not some substitute America’s first abolition society. Consider also the words of Abraham wording that constitutional revision- Dr. Rush also authored a number of Baldwin, another of the original draft- ists wish that it had said. textbooks, held three professorships si- ers of the Constitution, one of its sign- Mr. Speaker, I yield to the gentleman multaneously, and, in 1790, became the ers. Abraham Baldwin declared, ‘‘A free from Colorado Mr. TANCREDO. first Founding Father to call for free government can only be happy when Mr. TANCREDO. Mr. Speaker, my public schools under the constitution. the public principle and opinions are colleagues and I rise again tonight, as Consequently, Benjamin Rush can properly directed by religion and edu- we have done on one other occasion, to properly be titled ‘‘The Father of Pub- cation. It should therefore be among address several myths, to destroy sev- lic Schools Under the Constitution.’’ the first objects of those who wish well eral myths, myths that have worked Now, what did this gentleman with the national prosperity to encourage their way into the fabric of America, those kinds of credentials and back- and support the principles of religion especially what people believe about ground say about public education? I and morality.’’ the Constitution and about the role of will quote, ‘‘The only foundation for a Abraham Baldwin is yet a fourth con- religion in American life. Perhaps no useful education in a republic is to be stitutional expert, a signer of the Con- where do we find a greater accumula- laid in religion. Without religion,’’ he stitution. He declares that government tion of these myths than in the area of said ‘‘I believe that learning does real should encourage religion. education and religion. mischief to the morals and principles Since the very Founders who prohib- I have had the privilege in Colorado of mankind.’’ ited, ‘‘an establishment of religion’’ to, several times now, present to the Clear words about religion and edu- also said that it was the duty of gov- people of the State, through the initia- cation. ernment to encourage religion, it is tive process, proposals designed to deal Consider, too, the words of William clear that they did not equate encour- with school choice, vouchers, tuition Samuel Johnson, a signer of the Con- aging religion as an unconstitutional tax credits, and the like. stitution and a framer of the First establishment of religion. I have always included in those pro- Amendment, the very amendment that Finally, consider the words of Su- posals a provision that would allow a our opponents wrongly claim excludes preme Court Justice Joseph Story, parent to use those dollars in support religion from the public schools. placed on the Court by President of an educational experience for their Interestingly, in an exercise which James Madison. Justice Story, in his children in any school of their choice, we still practice today, Samuel John- 1833 Commentaries On The Law, which including faith-based institutions. In- son spoke at a public graduation exer- today are still considered authoritative evitably, during the debate on those cise, and, at it, he told the graduates, constitutional commentaries, declared issues, inevitably, more hostility is di- ‘‘You have received a public education, this, ‘‘The promulgation of the great rected toward that particular part of the purpose whereof hath been to qual- doctrines of religion, the being and at- our amendment than almost anything ify you the better to serve your Cre- tributes and providence of one Al- else. ator and your country.’’ mighty God; the responsibility to Him One wonders what justifies this in- Then there is the Constitution signer for all our actions, founded upon moral tense hostility against allowing faith Gouverneur Morris. He was a most ac- accountability; a future state of re- access to the halls of education and the tive member of the Constitutional Con- wards and punishments; the cultiva- public square. Our opponents tell us vention and was chosen by his col- tion of all the personal, social, and be- that, ‘‘our founding principles’’ require leagues to write the wording of the nevolent virtues, these never can be a this hostility, that under our Constitu- Constitution. Gouverneur Morris is matter of indifference in any well-or- tion, public education has always been therefore called ‘‘The Penman of the dered community. It is indeed difficult segregated from any religious influ- Constitution’’. It certainly seems that to conceive how any civilized society ence. They further tell us that this was the man chosen to write the Constitu- can well exist without them.’’ . the intent of the great statesmen who tion would know its intent. Supreme Court Justice Joseph Story gave us our government. Concerning public education, titled The Father of American Juris- These, Mr. Speaker, are all myths. Gouverneur Morris declared ‘‘Religion prudence for his significant contribu- Such misinformed claims prove that, is the only solid basis of good morals; tions to American law declares that evidently, the individuals making therefore education should teach the H9882 CONGRESSIONAL RECORD — HOUSE October 12, 1999 precepts of religion and the duties of ciples of morality be learned so clearly Need for Reconciliation and Healing man towards God.’’ or so perfectly as from the New Testa- and Recommending a Call for Days of Another drafter of the Constitution, ment?’’ Prayer. Henry Laurens, expressed equally clear This was a unanimous decision of the In addition, it specifically said that, views on religion in public schools. He Supreme Court. I wonder why our col- ‘‘Resolved by the House of Representa- explained, ‘‘I had the honor of being leagues across the aisle and others are tives that the Congress urges all Amer- one among many who framed that Con- so hostile to the presence of faith in icans to unite in seeking the face of stitution. In order effectually to ac- public education, and then they fail to God through humble prayer and fasting complish these great constitutional mention this case. persistently, asking God to send spir- goals, it is the duty of rulers to pro- I also wonder why they ignore the itual strength and a renewed sense of mote and encourage respect for God. numerous signers of the Constitution humility to the Nation so that hate The Bible is a book containing the his- who said exactly the opposite of what and indifference may be replaced with tory of all men and of all Nations and our opponents are advocating. love and compassion and so that the is a necessary part of a polite edu- Very simply, opponents of public reli- suffering in the Nation and the world cation.’’ gious expression know that their poli- may be healed by the hand of God.’’ Consider the next words of Fisher cies which discriminate against mil- There were a couple of other points Ames. He was a Member of this body, lions of people of faith and against that were basically the same, recom- and according to the records of Con- thousands of programs of faith are so mending that the leaders and the na- gress for 1789, he was a Member of the unacceptable to Americans that addi- tional, State, and local government House, and he was the most responsible tional clout is needed to convince the and business and clergy appoint and for the final wording of the First unwilling public to succumb to their call upon the people they serve to ob- Amendment. policies. serve a day of prayer and fasting and Did he have anything to say about re- So where do they get this additional humiliation before God. A very simple ligion in schools? Definitely. In fact, clout? They wrongly make the Con- resolution, going back to the very when he learned that some schools stitution and the framers of our docu- founding of this country on religious were de-emphasizing the Bible in their ments into unwilling accomplices to principles. curriculum, Fisher Ames exploded, their religion-hostile agenda. That is, And yet, when that resolution came ‘‘Why should not the Bible regain the they blame their religious discrimina- to a vote on this floor on June 29, it re- place it once held as a school book.’’ He tion on ‘‘the Constitution’’. ceived 270 votes, 270 Members voted said, ‘‘Its morals are pure, its examples Forget the fact that the Constitution yes, 140 Members voted no, and 11 voted captivating and noble.’’ does not say what the opponents of re- present. The man most responsible for draft- ligious expression claim that it says. Now, normally it would have passed, ing the final wording of the First Or they blame their religion-hostile but this was on a suspension calendar Amendment saw no problem with reli- policies on the great founding prin- because no one thought it would be gion in public schools. In fact, he be- ciples of those who gave us our govern- controversial. And since it did not re- lieved that it was a problem if a public ment. Just ignore the minor techni- ceive two-thirds of the vote of those school excluded religion. cality that those who did give us our voting that day, it failed. There are many, many others, all government opposed the very religion- It is really difficult to imagine that a equally succinct in their declarations. hostile policies that our opponents are simple resolution with such traditional These are no light weights. The Pen- now advocating. values expressing those calling for hu- man of the Constitution, the Father of The anti-faith policies of those who mility and prayer to help heal this Na- the Public Schools Under the Constitu- are opposed to these ideas are just as tion would fail on this floor. tion, the drafter of the language of the bad as their history and just as bad as Now, I would also tell my colleagues First Amendment, delegates to the the distortions they fabricate to try that of the 140 people who voted no on Constitutional Convention, signers of and excuse their religious apartheid. this floor, 136 of them were Democrats. the Constitution, and they all agree There simply is nothing, either in the Now, I do not question the motives of that public education is not to exclude actual wording of the Constitution or anyone who voted no. However, the religion. in the precedents of early American vote demonstrates clearly that a sig- Because their opinion about religion history, that requires religion to be nificant number of Members in this and education was so clear, the unani- segregated from the public square. body do not want this body to express mous decision reached by the U.S. Su- So tonight we once again hope to de- itself on religious matters. It is also preme Court in 1844 came as no sur- stroy myths and to continue in that important to remember that this reso- prise. In that case, it was proposed that process. lution was simply an expression of the a government-administered school Mr. PITTS. Mr. Speaker, I thank the House on this issue, it was not a law, it should exclude all ministers from its gentleman from Colorado (Mr. did not have any mandates, it did not campus. It was, thus, feared that reli- TANCREDO), who happens to represent have any inner enforcement, but sim- gious influences would also be ex- the area, I believe, of Littleton, Colo- ply an expression of the House. And cluded. rado, where the great tragedy at Col- even if it had passed the House and the Interestingly, the defense attorney, umbine High School occurred. I am Senate and was signed by the Presi- Horace Binney, who was a Member of sure the prayers of the Nation have dent, it would not have been an en- this body, the plaintiff attorney, Dan- been with his constituents this year. forceable statute, simply an expression iel Webster, also a Member of the Mr. TANCREDO. Mr. Speaker, I of the sense of Congress. House, a U.S. Senator, and a Secretary thank the gentleman from Pennsyl- Now, the sad thing is people on this of State for three Presidents, and the vania. body do not want the House of Rep- U.S. Supreme Court all agreed that re- resentatives expressing a view on reli- b ligious influences should not be barred 2045 gion, and yet nearly 200 religious reso- from the school. The decision was de- Mr. Speaker, I yield to the gentleman lutions have been passed by this body livered by Justice Joseph Story, placed from Kentucky (Mr. WHITFIELD). over the history of this Congress and on the Supreme Court by President Mr. WHITFIELD. Mr. Speaker, I many of them passed at the request of James Madison. want to take just one moment to talk Founding Fathers like George Wash- Story declared, ‘‘Why may not the a little bit about how this important ington, John Adams, James Madison, Bible, and especially the New Testa- discussion came about. On June 29 of and others. ment, without note or comment, be this year, the gentlewoman from Idaho Now, members from the other party read and taught as Divine revelation in introduced House Concurrent Resolu- objected to this body doing what scores the school, its general precepts ex- tion 94 and this body debated that reso- of former congressmen had constitu- pounded, its evidences explained and lution. tionally done. Why? Well, they made it its glorious principles of morality in- It was really a simple resolution. The very clear that day in June that they culcated? Where can the purest prin- title of it was Recognizing National voted against it because they said to October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9883 encourage a day of prayer and fasting government should not only endorse a public display would not violate the would be unconstitutional. but should encourage religion. And Constitutional prohibition against the Now, why did they say that? I want then he would explain that ‘‘the pro- establishment of religion. to quote from their statements taken mulgation of the great doctrines of re- This Congressional finding caused op- from the CONGRESSIONAL RECORD. One ligion, the being and attributes and ponents on the other side of the aisle of them said, ‘‘Congress has no busi- providence of one almighty God, the re- to set forth a startling, dangerous doc- ness giving its official endorsement to sponsibility to him for all our actions ument. They said, ‘‘It is the Supreme religion. This resolution is an official founded upon moral freedom and ac- Court that interprets the Constitution endorsement of religion and thus con- countability, a future state of rewards and says what the Constitution means. stitutes an establishment of religion.’’ and punishments, the cultivation of all It is not the province of Congress.’’ One of them said, ‘‘To even suggest the personal social and benevolent vir- This is a very dangerous doctrine. If prayer should be a government dic- tues, these never can be a matter of in- this doctrine is true, then this body is tated, necessary duty demeans the very difference in any well-ordered commu- no longer an independent branch of sanctity of prayer.’’ nity.’’ Government, it has become a sub- Another one said, ‘‘No matter how He went on to say that ‘‘The real ob- branch of the Judiciary. In fact, if this this resolution is dressed up, it is an of- ject of the First Amendment was to doctrine is true, we should pass no law ficial endorsement of religion and of prevent any national ecclesiastical es- until we get prior approval from those particular religious beliefs and activi- tablishment by the government, and who are apparently our bosses, the Ju- ties and constitutes an establishment without that there is no establishment diciary. of religion.’’ of religion.’’ Are my colleagues proposing we Well, I found that difficult to believe I, for one, and I think others here to- should consult the Judiciary before we after having read this resolution three night refuse to submit to the popu- waste time passing a law with which and four and five times. There is noth- larity of political correctness that they might disagree? ing in here about dictating anything. It states that elected representatives of Incredibly, this doctrine was set does not establish any religion whatso- the people should not pass resolutions forth in the 1930s and 1940s by Charles ever. And I wanted to touch on that expressing the sense of Congress on re- Evans Hughes, who is the Chief Justice briefly. ligious matters. I do not advocate nor of the United States Supreme Court. One example of the definition of ‘‘es- does anyone here advocate the estab- Chief Justice Hughes declared, ‘‘We are tablishment’’ came from this very lishment of any religion as defined. We under a Constitution, but the Constitu- body. In 1854, an investigation was con- do not want to mandate Hinduism. We tion is what the judges say that it is.’’ ducted by the House Committee on the do not want to mandate Buddhism. We Let me say that again. ‘‘We are under Judiciary about what is an establish- do not want to mandate Christianity, a Constitution, but the Constitution is ment of religion. After a year of hear- Jewish religion, Islamic religion. what the judges say that it is.’’ ings and investigations on what con- So we do not advocate the establish- His statement properly raised a fire stituted an establishment of religion, ment of any religion. But we recognize storm at the time and was soundly re- the House Committee on the Judiciary the inseparability of the religious prin- futed. It is no less dangerous today emphatically reported. ciples from humanity. And if this body simply because it has been revived by What is an establishment of religion? cannot discuss it, if this body cannot those across the aisle. It is unbeliev- It must have a creed defining what a pass resolutions expressing its view on able to me that any Member of this man must believe. It must have rights religion, then who in America can? body would support that particular and ordinances which believers must Mr. PITTS. Mr. Speaker, I thank the doctrine. observe. It must have ministers of de- gentleman for that very formative dis- If the doctrine reported by those on fined qualifications to teach the doc- cussion of the issue of religious liberty the other side of the aisle is true that trines and administer the rights. It and intent of our Founders. only 940 individuals in the Judiciary must have tests for the believers and Mr. Speaker, I yield to the gentleman can understand and interpret the Con- penalties for the nonbelievers. There from Kansas (Mr. RYUN). stitution, then we should replace the cannot be an established religion with- Mr. RYUN of Kansas. Mr. Speaker, I teaching of the Constitution in our out these. thank the gentleman from Pennsyl- schools with the teaching of the deci- We know that this simple resolution vania (Mr. PITTS) for his leadership on sions of the Judiciary. And although I on this floor on June 9, 1999, did not this most important issue. say this facetiously, regrettably, this come close to any of those. And yet Mr. Speaker, in recent weeks in this is already happening. most of those opposed said that it es- chamber, we have debated so many A former member of this body out of tablished religion. issues related to religious liberties. Op- the State of Georgia was shocked to In addition to that, the Senate Com- ponents of public religious expression find that the Government textbooks mittee on the Judiciary reported the from across the aisle were very vocal in used in his State published by one of same thing, that it must have a creed their opposition. It was difficult to lis- the national curriculum publishers had defining what a man must believe. It ten to them rewrite history and the actually replaced the original words of must have rights and ordinances which Constitution. the Bill of Rights with the court’s in- believers must observe. It must have Consider, for example, the assertions terpretation of the Bill of Rights. ministers of defined qualifications. It that they made when we were debating If those on the other side of the aisle must have tests for believers, penalties the Juvenile Justice bill shortly after are right and only the Judiciary can for the non-conformists. the Littleton tragedy. One of the understand and interpret the meaning So from these clear definitions of amendments to that bill offered by the of the Constitution, then the rec- this body itself, from the Senate judici- gentleman that we just heard from re- ommendations by Founding Father ary, from the House judiciary, this res- cently who represents Littleton al- John Jay should be considered subver- olution was not an establishment of re- lowed the schools to erect memorials sive. ligion under any definition. in honor of the slain and permitted re- John Jay, coauthor of the Federalist Further proof that it was not, Justice ligious symbols or sayings to be in- Papers and who has been mentioned Joseph Story, a legal expert appointed cluded in these memorials if desired by many times this evening already, who by the Supreme Court by President the citizens. was one of the three men most respon- James Madison and who was called the That identical amendment, I want to sible for the adoption of the Constitu- Father of American Jurisprudence, was say that again, this particular iden- tion, and the other original chief jus- very clear on what the word ‘‘establish- tical amendment already passed the tices of the Supreme Court, he admon- ment’’ meant in the First Amendment. Senate by an overwhelming majority of ished America and he said, ‘‘Every cit- In his commentaries on the Constitu- 85–13. That amendment contained Con- izen ought to diligently read and study tion of the United States, a work which gressional findings stating, based on the Constitution of his country. By is still cited regularly in this body, our investigation of the issue, that to knowing their rights, they will sooner Justice Story began by declaring that include a religious symbol or saying in perceive when they are violated and be H9884 CONGRESSIONAL RECORD — HOUSE October 12, 1999 the better prepared to defend and as- will support those citizens’ rights to for nearly three decades who served sert them.’’ express their religious faith publicly. I with James Madison, reaffirmed this b 2100 choose to support the Constitution the doctrine explaining, and I quote: way it was written rather than the way ‘‘The decision of a constitutional Interestingly, this dangerous doc- a bunch of constitutional revisionists question must rest somewhere. Shall it trine is not a new doctrine. Two hun- want it to read. be confided to men immediately re- dred years ago, it was rejected by every Mr. PITTS. I thank the gentleman sponsible to the people or to those who one of the early statesmen who gave us from Kansas for his very informative are irresponsible?’’ At that point he this government. In fact, those who and timely explanation of the prin- was talking about the Congress and wrote the Constitution declared the ciples of religious freedom as regards judges. doctrine exactly the opposite of what to our courts versus the Congress. I further quote: our opposing colleagues are setting Mr. Speaker, I yield to the gentleman ‘‘With all the deference to their tal- forth. from North Carolina (Mr. JONES). ents, is not Congress as capable of For example, they taught that the Mr. JONES of North Carolina. I forming a correct opinion as they are?’’ opinion of Congress was more impor- thank the gentleman from Pennsyl- That again I think is an important tant than the opinion of the Judiciary. vania for yielding. I am picking up on quote to share with the colleagues here For example, in the Federalist Papers, the same theme as my distinguished tonight as well as to those who are not Federalist Paper 51, it declares this, colleague from Kansas. here. under the Constitution, and I quote: I, too, was shocked to hear the claim The other favorite Founding Father ‘‘The Legislative authority necessarily that this body is incapable of inter- of our distinguished colleagues across predominates.’’ preting the Constitution for itself. Un- the aisle is Thomas Jefferson, the Let me read from the Federalist fortunately, those across the aisle did founder of their party. Thomas Jeffer- Paper 78. It declares this, and I quote: not like the interpretation of the Con- son was equally clear on this issue. He ‘‘The Judiciary is beyond comparison stitution reached by the majority of declared: the weakest of the three departments this body and instead preferred the in- Each of the three departments has equally of power.’’ terpretation of the Constitution the right to decide for itself what is its duty These declarations in the Federalist reached by unelected lawyers. So, in an under the Constitution without any regard Papers were representative of the wide- effort to impose the will of those to what the others may have decided for spread feeling of those who gave us the judges with whom they agree on this themselves under a similar question. Constitution. As an even further exam- body with whom they disagree, they The doctrine that only the judiciary ple at the Constitutional Convention, tell us that we in this body have no can interpret the Constitution is a rad- delegate Luther Martin declared, and I right to interpret the Constitution for ical and dangerous doctrine. quote again, ‘‘Knowledge cannot be ourselves. And in a second statement by Jeffer- presumed to belong in a higher degree This is an amazing doctrine to set son, he continued the same thing, de- to the judges than to the legislature.’’ forth because they disagree with the claring: There are many more examples, but free exercise of religion explicitly guar- To consider the judges as the ultimate ar- the point is established: the authors of anteed by the Constitution. Contrary biters of all constitutional questions is a very dangerous doctrine indeed, and one the Constitution believed, and taught, to their ill-educated claims, Congress does have not only the right but also which would place us under the despotism of that Congress had a responsibility to an oligarchy. Our judges are as honest as interpret the meaning of the Constitu- the authority and the responsibility to interpret the Constitution for itself. other men and not more so. They have, with tion for itself. others, the same passions for party, for So where did our learned colleagues We are here to use every tool at our power, and the privilege of their corps. And disposal to preserve for the people of on the other side of the aisle come up their power the more dangerous as they are the United States the rights guaran- with this radical doctrine that only in office for life and not responsible, as the teed by that document, including their unelected attorneys are capable of cor- other functionaries are, to the elective con- right of public religious expression, trol. The Constitution has erected no such rectly interpreting the Constitution? even when the judiciary disagrees with single tribunal. They said, and I quote, ‘‘Everybody that constitutionally guaranteed right. The other founder of the Democratic learns this the first week in constitu- Interestingly, in the course of our de- Party is Andrew Jackson. Maybe those tional law in law school or college.’’ bates on religious liberties, our oppo- from across the aisle would be inter- Great. Our law schools. Foxes guard- nents across the aisle have frequently ested in what he said on this same ing the henhouse. Should we really cited two Founding Fathers, James issue. Jackson emphatically declared, trust lawyers who teach students that Madison and Thomas Jefferson. Since and I quote: only other lawyers, and especially law- they have such a high esteem and ven- yers that are on the Federal court, can Each public officer who takes an oath to eration for these two, I felt sure they support the Constitution swears that he will interpret the Constitution? would want to know what Madison and support it as he understands it and not as it While the doctrine proposed by those Jefferson said about the right of Con- is understood by others. The opinion of the on the other side of the aisle is a star- gress to read and interpret the Con- judges has no more authority over the Con- tlingly dangerous doctrine, I can un- stitution for itself. gress than the opinion of Congress has over derstand why they propose it. It is evi- When James Madison heard it pro- the judges. The authority of the Supreme dent in our recent debates on religious posed that only judges, and not the Court must not, therefore, be permitted to control the Congress. liberties. Some clearly do not like the Congress, were capable of interpreting plain, unambiguous words of the Con- the Constitution, he forcefully rejected On our side of the aisle, the one we stitution that guarantees the free exer- that suggestion. He declared, and I claim as the founder of our party, cise of religion. They do like, however, quote: Abraham Lincoln, was also clear about the decisions reached by a judiciary The argument is that the Legislature itself this issue. In his inaugural address, that has become increasingly hostile has no right to expound the Constitution; President Lincoln declared, and I towards students and citizens and com- that wherever its meaning is doubtful, you quote: munities who simply want to express must leave it to take its course until the Ju- I do not forget the position assumed by their religious faith. Many on the other diciary is called upon to declare its meaning. some that constitutional questions are to be side of the aisle are simply choosing I beg to know upon what principle it can be decided by the Supreme Court. At the same time, the candid citizen must confess that if the source with whom they agree, and, contended that one department draws from the Constitution greater powers than an- the policy of the government is to be irrev- unfortunately, it is not the Constitu- other. Nothing has yet been offered to invali- ocably fixed by decisions of the Supreme tion. date the doctrine that the meaning of the Court, the instant they are made the people For my part, I will continue to read Constitution may as well be ascertained by will have ceased to be their own rulers, hav- and study and interpret the actual doc- the Legislative as by the Judiciary author- ing resigned their government into the hands ument and when the Constitution ex- ity. of that eminent tribunal. plicitly declares that citizens are guar- And distinguished Founding Father Interestingly, one of the things on anteed the free exercise of religion, I John Randolph, a member of this body which both Republicans and Democrats October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9885 long agreed was rejecting the doctrine leagues here in the House, objections individual rights, and I quote: ‘‘The that Congress could not interpret the which were clearly based on a mis- moment the idea is admitted into soci- Constitution. But now those from understanding of the bill and of the ety that property is not as sacred as across the aisle want to abandon the Constitution. Tonight, I would like to the laws of God and that there is no wisdom of the past two centuries and set the record straight. force of law in public justice to protect look solely to the judiciary as being The misinformation promoted by the it, anarchy and tyranny commence. If the interpreters of the Constitution. critics of the Ten Commandments bill ‘thou shall not covet’ and ‘thou shall Do they really believe the judiciary includes the false idea that the bill not steal’ are not commandments of to be infallible? Need I remind them would force schools to post the Ten heaven, they must be made inviolable that it was the judiciary who declared Commandments. It does not. The bill precepts in every society before it can that black Americans were property will only transfer power away from the be civilized or made free.’’ and not people? Or that it was the judi- Federal Government and back to the And President John Quincy Adams, a ciary who instituted the separate but State governments where it belongs. It legislator and legal scholar whose fa- equal doctrine; and that when the judi- simply allows each State and their mous cases before the Supreme Court ciary finally struck down that position schools to decide for themselves wheth- are well known, also declared about the in Brown v. Board of Education that it er or not they wish to display the Com- Ten Commandments: ‘‘The law given was only reversing its own policy that mandments. This measure wisely cor- from Sinai was a civil and municipal it had established in Plessey v. Fer- rects the failed one-size-fits-all Federal code as well as a moral and religious guson? Does not experience teach that Government restrictions on religious code. These are laws essential to the the court is fallible and that Congress freedoms. Furthermore, the bill does existence of men in society and most of in its interpretation of the Constitu- not violate Thomas Jefferson’s separa- which have been enacted by every Na- tion has been correct more often? tion of church and state as a few Mem- tion which ever professed any code of I choose to agree with America’s bers have charged. Rather, it complies laws. Vain indeed would be the search leading statesman and legal experts totally with Thomas Jefferson’s intent. among the writings of secular history from both the Democrat and Repub- Jefferson believed that this issue be- to find so broad, so complete and so lican parties over the past two cen- longs to the States, not the Federal solid a basis of morality as the Ten turies that Congress does have both the Government. Commandments lay down.’’ right and the obligation to interpret Jefferson forcefully argued, and I And Noah Webster, an attorney and the Constitution for itself. Our oath of quote, ‘‘No power to proscribe any reli- constitutional expert declared, and I loyalty is not to the judiciary’s opin- gious exercise or to assume authority quote: ‘‘The opinion that human reason ions but rather is to the Constitution in religious discipline has been dele- left without the constant control of di- itself. Or, as President Andrew Jackson gated to the Federal Government. It vine law and commands will give dura- so accurately explained, and I quote, must, then, rest with the States.’’ tion to a popular government is as un- ‘‘Each public officer who takes an oath Jefferson repeated this argument on likely as the most extravagant ideas to support the Constitution swears numerous other occasions, explaining that enter the head of a maniac. Where that he will support it as he under- that the issue belongs to the States, will you find any code of laws among stands it and not as it is understood by not the Federal Government. For ex- civilized men in which commands and others.’’ ample, in 1798 he declared, and I quote, prohibitions are not founded on divine Mr. Speaker, before yielding to the ‘‘No power over the freedom of religion principles?’’ end quote. gentleman from Pennsylvania, I would is delegated to the Federal Government Clearly, those present at the forma- like to say that this country was by the Constitution.’’ And in his sec- tion of our government saw no problem founded on Judeo-Christian principles ond inaugural address in 1805 he de- with the public use of the Ten Com- and those of us who serve in the United clared, ‘‘The free exercise of religion is mandments. In fact, they saw grave States Congress have a responsibility independent of the powers of the Fed- consequences of any country that did to remember that this Nation was eral Government.’’ not follow them. Nevertheless, despite founded on Judeo-Christian principles. Very simply, according to Jefferson, what some Members and some in the Mr. PITTS. I thank the gentleman the purpose of the first amendment was media have claimed, the bill would not from North Carolina for that con- to keep religious issues from being force anyone to display the Ten Com- tinuing explanation of the right of Con- micromanaged at the Federal level. As mandments. The bill simply transfers gress to read and interpret the Con- Jefferson explained to Supreme Court the decisions on voluntary posting of stitution for itself, and not just rely on Justice William Johnson, and I quote, the Ten Commandments back to the the courts. ‘‘Taking from the States the moral States and communities where the de- Indeed, there is nothing sacrosanct rule of their citizens and subordinating cisions properly belong. about a Supreme Court decision. The it to the Federal Government would Those who argue that the Constitu- Supreme Court has reversed itself over break up the foundations of the Union. tion says otherwise need to recheck the 100 times since our Nation’s founding. I believe the States can best govern our wording of the Constitution for them- At this time, batting cleanup, I yield domestic concerns and the Federal selves, rather than simply embracing to the gentleman from South Carolina Government our foreign ones.’’ the arguments of the constitutional re- (Mr. DEMINT) to talk about one of the The Bill of Rights was specifically visionist who wished the Constitution more controversial issues that we face designed to leave decisions on things said something other than what it real- this session, the Ten Commandments like posting the Ten Commandments in ly says. This House has taken a com- posting. the hands of the States. Consequently, mendable step toward securing the fu- Mr. DEMINT. I thank the gentleman the Ten Commandments bill passed by ture for every American by returning from Pennsylvania for his leadership the House does not violate Jefferson’s more decisions and freedoms back to and for yielding. separation of church and state concept. the States and back to our schools. I Mr. Speaker, this House of Rep- Rather, it confirms Jefferson’s clearly urge my colleagues to support the juve- resentatives recently passed a bill stated design. nile justice conference report that in- sponsored by the gentleman from Ala- cludes the Ten Commandments provi- b 2115 bama (Mr. ADERHOLT) which was re- sions when it comes to a vote. lated to the Ten Commandments. This However, even if some were to assert Mr. PITTS. Mr. Speaker, I thank the measure is now part of the juvenile jus- that the decisions on the display of the gentleman for that excellent discussion tice bill that along with other value-fo- Ten Commandments should be a Fed- of the original intent of our framers re- cused provisions will make our schools eral issue, we can still strongly defend garding religious liberty and the Ten safer and our communities better the people’s freedom to display the Commandments posting debate that we places to live for everyone. commandments. Consider the words of have had recently with the juvenile Surprisingly, several misguided ob- President John Adams who signed the justice bill. jections about the Ten Commandments Bill of Rights as he links the Ten Com- I want to say a final thank you to all bill were raised by some of my col- mandments with our laws protecting of the participating Members tonight. H9886 CONGRESSIONAL RECORD — HOUSE October 12, 1999 It has been most informative to listen to see which way the wind is blowing maintenance organizations. Well, we fi- to each of my colleagues as they have and shaping our actions and our poli- nally came to a point where we got a shared the very words of our Founding cies in accordance with public opinion. vote on the floor. We got a long debate, Fathers. And as we have listened to It is very interesting that this is a year and there were attempts to poison the these words, it becomes crystal clear when, in very important areas, we are bill with substitutes and even now, that, to the extent that the First not listening to the people when we there are attachments to the bill which Amendment addresses the interaction should be. place the HMO Patients’ Bill of Rights between public life and religious belief, I am not saying that we should al- bill in some jeopardy, but at least it it is this: that the only thing that the ways follow public opinion; I think a has been accomplished, finally. representative government means that First Amendment prohibited was the But what took so long when so many Federal establishment of a national de- they expect some judgment to be exer- Americans have made it quite clear nomination. The freedom of religion, cised by those who are elected and that they wanted something done therefore, is to be protected from en- sometimes their conscience and their about reining in the HMOs. They want- croachment by the State, not the other knowledge and their vision may con- ed this Patients’ Bill of Rights very way around. flict with the opinion of the masses; badly. Do we always have to reach the Mr. Speaker, with the words of our but in general, we should always be lis- point where 80 percent of the people are Founding Fathers, and they are many, tening. And when there is a conflict, for something before we can get some from George Washington to John we should certainly try to work to- action by the Republican majority here Adams to John Jay, Benjamin Rush, wards some kind of compromise, some in the House? Why must it take 80 per- John Quincy Adams, Fisher Ames, kind of merging of our own opinions cent before they realize that there are Daniel Webster, Abraham Lincoln, with those of the majority. We pay a political dangers in not doing any- Thomas Jefferson and others cited to- lot of money for polls and both parties thing, so finally they yielded and we night, each one of these men was fully and individuals rely heavily on focus were able to get a Patients’ Bill of committed to the primary role that re- groups and all kinds of devices to find Rights, flawed as it may be, passed out ligion played in public life and in pri- out what people are thinking. of the House and it is now going into vate life, yet without the establish- But we have a situation now where it the conference process with the other ment of one particular denomination. is quite clear on several major issues So, Mr. Speaker, as we continue to exactly where people are, where the body, and the other body has a bill consider the many policies that lie be- majority is, and this Republican major- which is quite different and weaker, fore us, from charitable choice to op- ity refuses to listen. Of course I am and we must watch closely to see that portunity scholarships to attend reli- told that if the Republican majority the Patients’ Bill of Rights, the heart gious schools, to governmental con- wants to shipwreck that first session of of the matter, is not sabotaged and tracting with faith-based institutions, the 106th Congress, or maybe the next rendered impotent. even to the posting of the Ten Com- session too, and we come to a situation It is very important that with all of mandments on public property, let us where their conflict with the majority the kinds of experiences that we now do so with a true intention of the fram- of Americans is so great until the have, all of the anecdotes that can be ers in mind, and that intention was to democratic process will go into action, told on either side, both Republicans allow and encourage religion, both to and it will throw them out of office. We and Democrats, if one is a flourish and to inform public life, yet should not worry as Democrats; we Congressperson, one is constantly still without naming a particular state should be happy that there is such con- being assailed with stories of the HMOs religion or denomination at the Fed- fusion and such day-to-day trivializing and our failure to do anything to com- eral level. of the processes of the Congress. bat the abuses that HMOs are guilty of. Everyday we have stupid bills that That is fully possible. So it is something that had to be really do not mean very much and are Instead of shutting it out and deny- done. The focus groups told us, the a waste of time. In our committees, in- ing even the purely practical solution polls told us; but it took us a long time stead of meeting issues head on, we are that it offers, let us not be afraid of the to get there. I am happy to see that in dancing around them and camouflaging good that religion can and does bring certain places there is movement the real intent of the majority on these to public life. Indeed, it is one of the ahead of the Congress and we will have bills. Currently we have a situation of reasons that we have such a great to run to catch up, but I think that that kind in the Committee on Edu- country called America. there is such a strong impetus to have cation and the Workforce as we seek to f justice in the area of health care that reauthorize the Title I portion of the we are going to get it by and by. It just THE REPUBLICAN MAJORITY IS Elementary and Secondary Education takes too long. The democratic process NOT LISTENING TO THE AMER- Assistance Act. I am sure many other should not take so long. ICAN PEOPLE committees are finding the same tac- The SPEAKER pro tempore (Mr. tics where we do not address reality, I understand that California, in Cali- OSE). Under the Speaker’s announced we trivialize the process by playing fornia today or yesterday, the governor policy of January 6, 1999, the gen- around the edges and we are proud of signed a bill where California now has tleman from New York (Mr. OWENS) is not doing anything. This is a no-com- a standard, a fixed standard for nurse recognized for 60 minutes as the des- mitment Congress. and patient ratios. In nursing homes ignee of the minority leader. Some people have often used the joke and hospitals, we have to have a cer- Mr. OWENS. Mr. Speaker, we are, I that when Congress is out of session, tain number of nurses in ratio to the hope, nearing the end of the first ses- the Republicans say it is good for us patients that is reasonable so that the sion of the 106th Congress, and there not to be around because we only do patients will get a reasonable amount are some people who say that probably harm when we are here. Well, I think of care. Governor Gray Davis, Demo- the end of October we might end the that worse than doing harm is to not cratic governor of California signed session; but from what I hear today, it address the issues at hand and to do that bill. I want to congratulate the may be close to Thanksgiving before nothing, sins of omission are the sins people of California, congratulate the we get out of here. Either way, it is a of the 106th Congress. It is a shipwreck legislators out there for moving for- most regrettable session; it is a tragic Congress as we come closer to the close ward on correcting a major abuse that comedy that ought to end as soon as of this first year. It seems that matters HMOs have caused as a pressure to possible. are growing worse each day, not better. bring down the cost of health care, the One of the most regretful parts of We might say that maybe we had a amount of money that they pay the this session is that the Republican ma- high point last week where we did vote hospitals for health care. They have jority that is in charge of the Congress on the HMO Patients’ Bill of Rights, forced hospitals into situations where is not listening to the American peo- the Patients’ Bill of Rights that would they have cut back on personnel, often ple. We as politicians always are ac- allow people to have some kind of personnel that is vital to the health cused of holding our fingers in the air leveraging as they deal with the health and safety of the patients. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9887 b 2130 But why should the person who needs drugs. We have a situation where we We should not tolerate that. There it most and the people who are most are charging our citizens far more for are elements in the Norwood-Dingell frail, who are the eldest people, the those drugs that are created in this bill which deal with standards, deal people who have declining incomes, in country than citizens of other coun- with protection, access to services, many cases, or no incomes, do without? tries are being charged. emergency care; a number of very di- In too many instances, I have had peo- We do not have to go all the way to rect approaches which rein in abuses ple tell me, I could not keep taking my Europe, just go next door to Canada or that are known to have been practiced medication. I could not maintain the next door to Mexico, and we will see by the health maintenance organiza- drugs that I needed because I just did tremendous price differences between tions. not have the money. It was a matter of the drugs, important prescription Most important in the Norwood-Din- either I eat or I take my medications, drugs, that are being sold in Canada gell bill is the provision for the suing and I had to stay alive. and in Mexico versus the price we pay of HMOs. We can take an HMO to court Some of those same people, we do not here. and sue, which nobody is recom- find them around after a few months Many of these same drugs have been mending a large number of court suits. because the drugs they take are vital developed as a result of basic biology But if the power to sue is there, then it to their health, or they become much and chemistry, research that has been establishes a whole different environ- sicker as a result of not being able to done in American universities financed ment that patients operate in, and it is take drugs that are beneficial to the by the taxpayers of the country, and very important to keep that provision prevention or the retardation of cer- have been done in our institutes of in there. tain kinds of advancing ailments, so health. There are studies and all kinds So we can applaud that finally, after they get very sick, they go the hos- of things we do to enhance the produc- begging, after pleading, after pushing, pitals and they are charity cases. They tion of important, modern drugs. But after the public opinion polls kept ris- must be taken care of in a much more we are, as citizens, forced to pay enor- ing, we were able to get some action on expensive setting than would be the mous prices, far more than people in the floor. We have a bill that is going case if they were allowed to have pre- other countries. through a process now which has to be scription drugs. This is unacceptable. This is a reason watched closely, but I hope it is pro- I am on several prescription drug to get angry. We cannot dawdle here in gressing. bills. I am happy to say that we have the Congress and let this continue to The fact that the House and Senate colleagues who have proposed rem- go on. We need to come to grips with now have to go into conference and edies, and the President has certainly the fact that our people, our citizens come out with a bill that both Houses proposed an initiative that will begin who in many cases have financed, par- can live with and the President will to deal with the problem of the denial tially financed, the development of im- sign is a good sign. We are much fur- of prescription drugs to persons who portant, modern drugs, are being ther along than we were, I assure the are in need of these drugs. charged enormously excessive rates for Members, before we passed that bill I am on a bill that the gentleman the use of those drugs. That is more last Thursday. from Massachusetts (Mr. FRANK) has to unfinished business. Prescription drug benefits are not require the Secretary of Health and The public says they want something dealt with in this bill. This is to deal Human Services to submit to Congress done about this. The polls say we need with reining in HMOs. There are some a plan to include as a benefit under the to do something about it. The people items in there related to prescriptions Medicare program coverage of out- have spoken, but nobody is listening. and how HMOs must handle prescrip- patient prescription drugs, and to pro- The Republican majority is not listen- tions. There are some efforts to cut vide funding for that benefit. ing to the American people. abuses by health maintenance organi- I am on another bill that the gen- Some folks in New York State, for zations in the case of prescriptions, but tleman from New York (Mr. ENGEL) example, have made a joke out of the we have not addressed the issue of pro- has, which is a bill to amend title 18 of fact that the First Lady, Hillary Clin- viding prescription drug benefits for the Social Security Act to provide for ton, is considering running, exploring a people who are on Medicare. the coverage of outpatient prescription possible run for the Senate. She has an- There is a need to be able to let every drugs under Part B of the Medicare nounced for several months now that American share the benefits of modern program. she is on a listening tour. She is not science. There is a need to be able to The gentleman from Maryland (Mr. running, she is on a listening tour. make certain that no person goes sick CARDIN) has a bill. I am certainly on a They made fun of that and thought it or is in pain unnecessarily. If we have bill with our colleague, the gentleman was very funny, that it is a new twist, the drugs, if we have the medication from Washington (Mr. MCDERMOTT). In and people like to play with it. But I which can ease pain, can improve his bill, of course, he covers all pre- think it is a very good idea, to have health, then the fact that a person has scription drugs, because that is a sin- every American elected official start no money should not be a barrier to gle-payer bill, H.R. 1200. out by listening. the use of those modern miracle drugs. I just want to take this opportunity It is a very important part of our ac- I think that there are some situa- to say that H.R. 1200, the single-payer tivity. We pay a lot to get to the point tions where various ailments or dis- bill sponsored by the gentleman from where people are talking to us through eases are quite rare and unusual, and Washington (Mr. MCDERMOTT), is still our polling, through our focus groups. the production of the drugs and medi- very much alive as a piece of legisla- It is a vital part of the operation. No cations necessary to treat them is very tion. We continue to reintroduce it. I political campaign goes forward with- costly. They deserve special treatment. am on that bill. out polls and without attempting to But there are a large number of drugs I am on a bill with the gentleman measure the opinion of the public. which are designed to deal with com- from Rhode Island (Mr. KENNEDY), with So we know that they want prescrip- monplace ailments. the gentleman from Vermont (Mr. tion drug benefits. We know they want Diabetes is an ailment which afflicts SANDERS), a bill to require persons who a bill of rights for health maintenance millions of Americans. There are medi- undertake federally-funded research in organization patients. We know this cations for diabetes which everybody developmental drugs to enter into rea- very well, so why is the Republican should be able to have access to. Some sonable pricing agreements with the majority refusing to listen to the of them are a bit expensive, and expen- Secretary of Health and Human Serv- American people? sive is a relative term. If a widow is on ices, and for other purposes. We have some areas where the public a small pension and social security and Some might have seen some of these has no opinion or no particular concern has to pay her rent and food, et cetera, exposes that have appeared on tele- where there is a great deal of activity what is expensive to that widow might vision in the last few months of what here in Washington to spend their seem rather inexpensive to some others the drug situation is with respect to money, to spend the taxpayers’ money. of us who are healthy and still working the United States as a principal cre- The other side likes to talk about tax- and have good salaries. ator and manufacturer of modern payers’ money being wasted on food H9888 CONGRESSIONAL RECORD — HOUSE October 12, 1999 stamps and WIC programs and Medi- The F–22 enterprise in Marietta, Georgia, thrown by the Army. Pakistan has had care and programs that benefit people, represents a long-term, overwhelming pork a long history of military rule; and but they are very much involved in the barrel. For this same amount of money, we whenever the military rules, they only effort to revive the F–22. could double the number of jobs in the civil- go backward. They have a lot of eco- ian sector, creating infrastructure and serv- The F–22 is an airplane that may be ices that are needed. The F–22 is Republican nomic problems at this point, and they a miracle airplane. It may be able to do pork. In the Federal budget, this is a huge are likely to get worse. Why is the all the things, one day, when they get hog that deserves to be slaughtered. Pakistani Army in charge now? Be- through with the research and testing. My point is that the F–22 in 1995 was cause the elected prime minister, a The F–22 may be a miracle airplane on no list of public opinion at a high person chosen by the people, decided to able to do wonders, but it costs billions level demanding that we build F–22s. In dismiss the chief of staff of the Army, of dollars to manufacture F–22s. They 1999, it is even less desirable than it the chief of the Armed Forces. The are trying to work out a situation was in 1995. Yet we are going ahead, chief of the Armed Forces is the person where they can get it through the test- not listening. We are not listening to rumored to have caused a major up- ing stage and we will build $50 to $60 the public when they say they want a heaval a few months ago when he billion worth of F–22s. Patients’ Bill of Rights, we are not lis- marched without the knowledge of his Why do we need $50 to $60 billion tening to the public when they say, we government, without the knowledge of worth of F–22 fighter planes when we want prescription drug benefits. We are the prime minister, of the approval of have very good planes that are far su- not listening to the public when they the elected officials that went into perior to any planes manufactured any- say, we want school construction, an Kashmir beyond the line of demarca- where in the world? Why do we need increase in the minimum wage. They tion and caused a crisis with India. another super super fighter plane? But are not listening, but they are trying That blunder is the kind of blunder there is a great deal of discussion un- hard to put together a program to that could lead to a situation where we derway about what can be done to save maintain the F–22 in 1999. would inevitably be drawn in, not that the F–22, how can we develop a ration- In 1995, I did a little poem for them we could do much to solve the problem. ale to spend billions of dollars to de- that went as follows: In that place, it is not so easy to have velop this plane that is manufactured a bombing campaign which would bring The F–22 for pork, not for me and you. whoever is right and wrong, and it is mostly in Marietta, Georgia, the home The F–22, toys for skies blue, district of our former Speaker of the Empty of any enemy crew. not clear who is right and who is House of Representatives, Mr. Ging- The F–22, jobs for just a few. wrong, to the table. rich? What can we do to revive the F– The F–22, rich Georgia stew, In that situation, there may be two 22? Pork, pork, pork, not for me and you. recent nuclear powers, I will not say The public is not asking for the F–22. Off the orphans, starve the kids, amateur nuclear powers but they cer- In no poll, no focus groups will we hear Save the contracts, roll out the bids. tainly are recent. There is a recent ac- people crying for more F–22s. I marvel Bully the poor, be a high-tech dog, quisition, recent testing of nuclear Eat the best meat high on the hog, bombs. If they start throwing bombs at at the way the majority, the Repub- For the peach, who gives a hoot? lican majority, gets stuck and stays in The F–22 pork is now the Georgia State fruit. each other then the atmosphere is pol- one rut. Pork, pork, pork where they grow, the F–22, luted, the winds are blowing, who any- I was looking through my records that is the speaker’s hometown, too. where in the world is going to be safe and found that on March 14 of 1995, The F–22, pork, pork, pork not for me and from the kind of radiation fallout? Who that is 4 years ago, more than 4 years you. anywhere in the world will be safe from ago, I commented on the F–22 and the b 2145 the kinds of things that would perma- folly of pursuing money for the F–22 at nently be done to the environment as a a time when the Republican majority The F–22, mostly manufactured in result of some kind of even a small- was proposing to save money by cut- Marietta, Georgia, the home of former scale nuclear war between Pakistan ting back on school lunches. I think Speaker Newt Gingrich, and there are and India? about a month later in April I talked still people who are working day and So we ought to be studying ways to about, the Nation needs your lunch, night to put together a plan to keep deal with making peace in the world. where the Republican majority was that F–22 flowing at the cost of billions And Pakistan, India, and Kashmir saying to schoolkids, we have a budget of dollars. ought to be one of those places that we crunch. We need your lunch. We have Nowhere is the public asking for are focusing attention on. to cut back on school lunches in order more F–22s. We are spending a great We have focused very little of our en- to make certain that we balance the deal and amount of time to do the ergy and attention on that region. If budget. things that nobody wants done, except the same kind of energy and attention That same Republican majority was a small special interest few, but we are that we focus on the Middle East was at that time very much pushing the F– ignoring some other big issues. While focused on that area, we might have 22. I am going to go back and read from we dawdle here in this 106th Congress gotten close to a solution by now. Not March 14, 1995, what I said: and do not pay attention to anything that we have done too much in the of great importance, the era of pros- Mr. Speaker, I would like to make one Middle East. We just need to do as more plea for justice. I want to again beg the perity and relative peace in the world, much to deal with the world’s second leadership of this Congress to abandon its which has given us time to focus on im- most populous nation, India, and a reckless demolition of the programs that portant vital matters, is being whittled very densely populated nation of Paki- have helped to make America great in the away. stan. eyes of the whole civilized world. The way we We should be dealing with the fact There is a territory called Kashmir, as a Nation have treated the least among us that in this era of peace, we should in- and it lies between India and Pakistan. is the vital ingredient of our greatness. vest more funds in ways to keep peace And years ago when I was still in This is a plea for honest decision-making. going, not in F–22s and other war ma- school, India promised that it would Yes, there is waste in government and it must be removed, but school lunches and chines that are really outdated. allow self-determination for the people summer youth employment programs are Where is the next contact likely to of Kashmir. That has been on the agen- not wasteful. These are the government pro- come from? Probably between India da for all of these years and still no grams that work. These are the programs and Pakistan. Every day some new de- plebiscite, no vote has been allowed that are still very much needed. The CIA is velopment takes place way over there under the supervision of the United Na- not needed at the level of $28 billion a year, between two very highly populated tions or some kind of outside objective which they admitted was at least that much countries that have been at each other observers, which would allow the peo- in 1995. The farm price supports for rich for quite awhile, mainly over the issue ple of Kashmir to make a determina- farmers are no longer needed at the level of $16 billion a year. We do not need another of Kashmir. The Pakistani government tion as to what they want to do, wheth- Sea Wolf submarine, and we certainly do not was overthrown today. There was a er they want to become part of India or need to spend billions of dollars for F–22 coup. The elected government, elected part of Pakistan, or become inde- fighter planes. by a majority of the people, was over- pendent. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9889 India says, no. The focus of the world world where as a matter of foresight we saying we think that it is only fair is on the gun-happy army of Pakistan. ought to be investing more heavily in that there be an increase in the min- Yes, that is a problem. Pakistan must peace, but we are not listening. imum wage. find a way to control its own military. The Republican majority is not lis- What the Republicans are proposing On the other hand, the situation is ex- tening to the American people. They in the area of programs that help the acerbated by the fact that India over are not listening. On the HMO bill of people on the bottom the most are these years has refused to allow a pleb- rights, they were not listening. They across the board cuts at this point. We iscite where the people can vote their are not listening on prescription drug have the appropriations process, which own destiny. benefits. They are not listening on the is creeping forward. We applauded, we were very happy minimum wage bill. I said this, this first year of the 106th when finally East Timor was allowed We have a minimum wage bill now Congress, is a tragic comedy. It is trag- to vote and overwhelmingly the people which Members of the House of Rep- ic that certain vital things are not get- of East Timor voted to be independent. resentatives have signed a discharge ting done. It is a comedy to see the As a result of that, of course, they paid petition for because under normal cir- kinds of proposals that keep popping a heavy price because in a very few cumstances we could not get the bill to up that they expect us to take seri- days the Armed Forces, disguised as the floor. Now that large numbers of ously. Even the Republican candidate guerrillas and local militia, exacted a members have signed and we also know for President has stated that he does heavy toll in terms of lives and prop- that a considerable number of members not want to be identified with certain erty; but it went forward. Troops from of the majority, of the Republican proposals that have been made re- Australia are there now, and people Party, are willing to vote for a min- cently. One proposal to cut off the who like to put down military inter- imum wage bill, finally we hear rumors lump sum payment of the wage exten- ventions and say they are never good, I that there is going to be some move- sion that people get as a result of hav- think the people of East Timor, a very ment on a bill which would merely ing worked and not making enough small nation of less than 500,000 people, raise, merely raise wages from $5.15 an money, they now want to cut that into welcomed the entry of the Australian hour to $6.15 an hour in a two-year pe- 12 parts and pay it out on a monthly and other troops under the United Na- riod, fifty cents a year over a 2-year pe- basis instead of the earned income tax tions command to help bring some jus- riod. credit being paid in a lump sum at one tice there. Considering the fact that we have un- time. I think the reaction of the Re- Well, we hope we never have to send precedented prosperity in this Nation, publican candidate for President was troops to Kashmir, and I doubt if it our CEOs, corporate heads, are making he does not want to be any part of an will be so easy to do that. Why are we salaries higher than ever before, some action which attempts to balance the not working on some peaceful solutions of their salaries dwarf the budgets of budget on the backs of the poor. I ap- to that problem right now? Why are we small countries, we are in a situation plaud his candor, and I applaud his not working on peaceful solutions to where the majority, the Republican truthfulness, but that only led to an- the problems in a large number of majority, will not listen to the Amer- other absurd and very harmful proposal places in the world? ican people who say it is only fair, only by the Republican majority. Why do we not spend some money on fair that we increase the minimum Now they are proposing across the our peace academy? We have a peace wage so that the people on the very board cuts. Let us cut everything dras- academy. Most people have never heard bottom are able to begin to make their tically. The Health and Human Serv- of it. There is an organization with a work count for more. ices bill, which contains most of the very tiny budget that does things in People who are making minimum programs that benefit the poorest peo- the name of promoting peace. Our wage, a family of four who lives in pov- ple in America, that was being targeted peace academy really ought to be as erty, they are still below the poverty as the last bill to come out of appro- large as our military academies, if we line at this point if they are making a priations, where the highest amounts are serious. We have West Point. We minimum wage. Let us raise it over a of cuts will be made. Now they are get- have the Naval Academy. We have the two-year period by one dollar. Repub- ting a little more generous and saying Air Force Academy. We have the Coast licans have a counterproposal. The we are not going to just make them Guard Academy. We have the War Col- leadership of the majority of the Re- bear the brunt of the burden. We will lege. We have numerous places where publican Party has not committed have it across the board and all the ap- we are still training some of our best themselves, but there are proposals to propriations bill will be cut and let ev- minds for war, for old fashioned war, raise it 25 cents per year over 4 years. erybody suffer. At a point in history violent war, but we have no places The unprecedented prosperity that where we have the greatest prosperity where the Federal Government is in- we enjoy now is not enough to make this Nation has ever known, we want to vesting significant amounts of money them sympathetic toward a 50 cent in- go to the American people and say, we to train people for peace. crease per year, but it appears that fi- are going to cut title I; we are going to So I mention this because the folks nally they are going to listen to the cut Head Start. We are going to cut who are here pressuring to find billions point of yielding to a minimum wage food stamps; we are going to cut aid to of dollars for the F–22 are off course. bill being placed on the floor, if they college students. The Pell grants and They are certainly not listening to the can exact a high price for business. student work programs, we are going American people. I think if it went to There may be some compromise com- to cut. We are going to cut and say the American people, common sense ing. I think it is important. It is impor- with a straight face that we are being would set a different agenda. They tant to people in my district. New responsible. This is responsible because would say, what is being done to pro- York is one of the States with large we need the money in order to put it mote peace? How are we investing to numbers of people who are still making into a pot for a tax cut, a tax cut for promote peace? And that would go for- only the minimum wage, and we need people who are working and earning ward. to help those people who are working sizable amounts of money. We are not listening, though. We are get better rewards for their work. Most of the tax cuts, the greatest not listening to those who want to see The welfare reform bill is coming to benefit of the tax cuts, would go to the justice in the world with the least cost- a point now where the limits are going richest people in America. That is re- ly means, and that is through a process to be kicking in, and more people are sponsible. That is listening to the of peaceful negotiations. In Kosovo, going to be thrown off welfare, cer- American people. there are some people who have said tainly some mothers of young children, The fact that the polls show that that it would not have gotten as bad as and they need to have jobs out there most people have used their common it was if we had given the peace proc- that at least pay $6.15 an hour instead sense and said, look, this tax cut does ess, the nonviolent approach, more re- of $5.15 an hour. The Republicans are not make sense, the people who need it sources; and they are probably right, not listening, but I think we have most are not getting it, the people who but that is a matter of hindsight now. reached the 80 percent point, at least 80 need it least are getting the most, why There are a lot of situations in the percent of the American people are do we need this kind of tax cut? I am in H9890 CONGRESSIONAL RECORD — HOUSE October 12, 1999 favor of a tax cut. I am in favor of a in one corner of the room and another own set of principles and our own val- tax cut, but we ought to start at the teacher in the other corner of the room ues to help guide public opinion into bottom and cut the payroll taxes on and expect to have any productive realization of how dangerous it is not the poorest people in America. teaching taking place. It will not hap- to have campaign finance reform and The biggest increases in taxes over pen. So as we get more teachers in to have money play such a great role in the last decade has been in the payroll order to reduce the size of the classes, our democracy. taxes, Social Security, and the taxes of they need more classrooms. Let me just go a little further on this Medicare, the taxes that have been im- It goes on and on and the public says, education issue. When we take the edu- posed on everybody, and poor people look, we are tired of it. We want more cation issue and break it down into have paid the biggest increases. So let done about education, and we want spe- parts, the polls show that 80 percent of us start there and cut the payroll tax cifically to have something done about Americans support at least three edu- first, and then come up and cut the school construction, school infrastruc- cation priorities. What are those three people at the lowest income levels first ture, school repair, school wiring, priorities? Fixing rundown schools. and keep going so we can give the mid- things related to the physical infra- Ninety-two percent favor fixing run- dle class, which probably suffer the structure. down schools, 92 percent. Only 7 per- most, because they have enough money I have been saying this for some time cent opposed, and 1 percent says they to really place them in jeopardy in so I guess my credibility in this House do not know. Let me just say that terms of unfair taxation but not would not be that great because one again. Fixing rundown schools, 92 per- enough to be able to benefit from all might say I am prejudiced, I am locked cent favor, and only 7 percent oppose. the loopholes and the corporate give- into a position. Let us look at the polls Are we listening? Is the Republican aways so they suffer the most. The that all of us politicians respect. majority listening? Is the Democrat middle class needs some relief, but that b 2200 minority listening? Are our Demo- is not the way the Republican majority cratic leaders listening? Is the White proposes to handle the tax cut. The ABC News, Washington Post poll House listening? After they have across the board released on September 5, 1999 says the We do not have in this Congress ade- cuts, their tax cut will not give the following: Support for education over quate proposals to address the fact money to the majority of the people in tax cuts. We find that improving edu- that 92 percent of our people say fixing America in any kind of significant cation and the schools will be very im- rundown schools is a top priority. way. So they are not listening. They portant to 79 percent of Americans Eighty-six percent say that reducing are not listening. when choosing the President next year class sizes is a top priority; 86 percent Eighty percent of the people say this more than any other issue, more than favor, 13 percent oppose, 1 percent says tax cut proposal is no good, but they any other issue. Only 44 percent say they do not know. But reducing class are not listening. When it comes to cutting taxes is very important, mak- sizes, 86 percent favor and 13 percent education and school construction, ing it 14th out of 15 issues. oppose. that is a high priority. The American Do my colleagues want to know what Placing more computers in the class- people keep demanding it. I have been the 15 issues are? The top five issues, room 81 percent favor, 16 percent op- on the floor time and time again say- according to the ABC News, Wash- pose, 2 percent do not know. A lot of ing that the people want more Federal ington Post poll released on September people will say, well, that is a luxury, assistance for education. They want 5, 1999 is, one, improving education, 79 computers in the classroom, hookup more government involvement at every percent rank education as the number with the Internet, all this stuff. We level. Whether we are talking about one issue; handling the economy, 74 need pencils and papers. We need the State government or the city gov- percent; managing the budget, 74 per- chalk. We have got to stay with the ba- ernment or the Federal Government, cent; handling crime, 71 percent; pro- sics. they want more government. tecting Social Security, 68 percent. Well, I think the common sense of My people in my district need help. Now, the fact that any one of these the American people have run off and They are tired of situations where the made the top five is such that I would left Members of Congress who think children have to eat lunch at 10:00 in not quibble about which is most impor- that computers, educational tech- the morning because the school is so tant, first place or third place or fifth nology, hookups with the Internet, all overcrowded, and most of the schools place. Those are top five. Education is that is not vital to the education of in my district there are twice as many always in the top five for the last 5 children in 1999 who are going to be in students as the school was built for so years. Sometimes it trades places with a cyber-civilization tomorrow. They it is overcrowded from the time they Social Security and sometimes with are going to have to take jobs in a come in in the morning to the time crime. Education has always been world where, if one cannot use com- they leave, and the lunchroom cycle there. In this poll, 79 percent say im- puters and use them effectively, there has to be arranged so that the lunch- proving education is the top issue. is very little hope for one ever having room is not overloaded at any one What are the lower five of these 15, the opportunity to make a decent liv- time. That means that some schools they are still important issues: Helping ing. have to have three and four lunch peri- the middle class, 61 percent. Handling So placing more computers in the ods. If they have to have three and four gun control, 56 percent. Still over the classroom is of vital importance. The lunch periods in order to get the kids majority feel that handling gun control common sense of the American people in there safely and out, then they have is important. Handling foreign affairs, has sensed this. Instincts have told to start having lunch in some cases at 54 percent. Still over a majority, over them that this is important. 10:00 in the morning. That is child the 50 percent. Cutting taxes, below the We are privy to all kinds of studies. abuse. To make a child eat lunch at 50 percent. Only 44 percent are inter- We know, as Members of Congress, that 10:00 in the morning is child abuse, but ested in cutting taxes. we are considering another bill to bring it is going on in large numbers of Campaign finance reform, 30 percent. in people from outside the country who schools because they see no way out. I am sorry to see that campaign fi- would fill the jobs and information In the same schools, there are some nance reform is down there so low, but technology because we have so many students being taught in the hallways, to make the top 15 is important consid- vacancies. There is so much pressure some being taught in closets. There are ering this Nation has more than 250 from industry here in this country to situations where the President’s pro- million people, and all the opinions of get more people from the outside to posed bill to give money for more different problems and issues to make take these jobs. We know that. Most teachers at the lower grades cannot the top 15 is important. Campaign fi- people out there do not know that. help us because of the fact that if they nance reform is one of the those issues But their instincts tell them, their get more teachers, they do not have a where I think we elected officials, observations at a very low level, with- way to reduce the classroom size be- Members of Congress, and others have out all the benefits of the staff and the cause there are no classes. In a first to move public opinion. We have to ex- studies that we have, say that com- grade class, one teacher cannot be put plain to the people. We have to use our puters in the classroom are important. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9891 In other words, 80 percent of Ameri- the Governor vetoed a bill which called one life and they only go through the cans support at least three education for $500 million to help repair schools. process of being educated one time and priorities: fixing rundown schools, re- The burden should not only be on the they cannot afford to wait any longer. ducing class sizes, placing more com- shoulder of the Federal Government. They are desperate. But in their des- puters in the classroom. We need movement on the Federal peration, they are turning to a system I think I have just begun to tell my Government because, in the process of which will also disappoint them, be- colleagues that the three are insepa- having the Federal Government move, cause all we have done is create a hope rable. If we do not fix rundown schools, we hope to stimulate and drag along in a false institution that does not if we do not create more space, if we do other levels of government in this proc- exist. The private sector cannot handle not allow funding for schools to be able ess of getting schools built. the millions of youngsters in public to wire for the Internet, and, in many Why do I think it is so important? schools who need help. cases, the wiring in the walls will not Because, as I said many times before, There is a large scholarship program take, and they have to be rewired, in in any religion, the state of the temple, that was developed by some million- many cases they have asbestos prob- the church, or the synagogue, the way aires in New York and they put up lems, and that has to be taken care of the physical building looks is the be- large amounts of money and a thou- as a construction issue. So fixing run- ginning of the assessment of the way sand youngsters could be provided with down schools is vital in order to be able people feel about that religion. If it is a scholarship which allowed them to go to put more computers in the class- a dilapidated, rundown, neglected to a private school of their choice. The room. building, then nobody is going to take money that they got as a scholarship Fixing rundown schools, of course, is the parishioners seriously about their would pay half of it. obviously vital if we are going to re- religion and the way they feel about it, Thousands and thousands are on the duce class sizes. In the places where because that symbolism, that highly waiting list because there are no the children have the greatest amount visible statement of how one feels is schools to accommodate all of those of problems with reading, and where we there. young people. There are no private want to reduce class size in order to be When one does not take care of schools that can accommodate it. It able to give the early teachers the ele- school buildings, one sends a message would take 20 or 30 years to build a pri- mentary grades, a chance to be able to to parents in my community and cer- vate school system that could accom- help kids more, to learn to read, to es- tainly in inner city communities modate the 53 million children who tablish the basic fundamentals that across the country that we have aban- now go to public schools in America. allow them to be successful in school, doned the schools. That is almost true. It is not an answer to the problem. in those places, they have the worst The major leaders of America, the peo- And the parents who have given up physical plants, the worst infrastruc- ple who are in the power structure, hope are only going to have their hopes tures. They do not have any classes. have abandoned public schools in their dashed greatly as a result of this illu- They need more classes before they can heads already. Many have overtly done sion that is being created by people have reductions in class sizes. who wanted to destroy public schools We are not talking in New York City it. Others do not realize yet, but the to make a point and to prove that the this fall about the tremendous short- way they behave, their hesitation, private sector can do it better. age of classrooms and the over- their neglect, their sins of omission means that they have abandoned public If they lose a generation, they are so crowding. We talked about it last year cold hearted that they do not particu- and the year before. Now the silence is schools already. Because if one does larly care what happens to that genera- such that one thinks the problem has not move to build and rebuild the phys- tion. But that is about what we are fac- been solved and resolved. It has not. ical infrastructure, then all hope is There is more overcrowding now be- lost. ing. A generation will be lost while we try to get in place a private school sys- cause there is a great increase in the b 2215 number of students that have gone into tem to replace a public school system Parents have no hope when they hear the schools. There is more over- which now takes care of 53 million stu- the rhetoric of the Department of Edu- crowding now because children are dents. cation, of the White House, or the Con- It is most unfortunate. I can only being held back on the policy of no so- gress or any Member of the Congress. cial promotion. close with the same message that I Some children, of course, last year They hear the rhetoric, but they see have brought here before many times. had to go to summer school and had to the schools collapsing. They see the Both parties are negligent in focusing attend summer school in buildings that schools have leaky roofs, crumbling on the principal problem with the edu- were so hot that it was torture for walls. They see the schools have coal cation improvement effort. Kids must young kids to be in those buildings burning furnaces. There are still more be provided with an opportunity to during the summer because they have than 200 schools in New York City that learn. As we try to raise standards, as no air conditioning, and they have very are burning coal and jeopardizing the we standardize curriculums, we need to poor ventilation. Then they found out healthy kids immediately and causing focus on the students themselves and some of those same kids should not respiratory illnesses among teachers. provide them with the maximum op- have had to be there because they had When though see these things hap- portunity to learn. passed the necessary tests, and they pening, they are correct in not believ- At the heart of the opportunity to did not need to go to summer school in ing that elected officials are serious learn is a physical facility. We need a order to qualify for advancement to the about maintaining the public school physical facility which can support the next grade. There had been an error, an system. Is it any wonder, then, that so opportunity to learn. They need a de- error in the calculation of the test, to many inner city parents, white and cent library. They need decent labora- show us how blunders place children at black, and certainly a large number of tories. They need a clean, safe environ- risk and make them suffer. black parents, are opting to support ment conducive to learning. We cannot The private sector I think was in- vouchers, more than 50 percent in cer- go forward unless we address the issue volved in that testing blunder as well tain surveys. of school construction, school repair, as the board of education. But let us In a survey that was taken last year, school modernization. put that aside for a moment and con- 57 percent of black parents in inner The bills that we are supporting in sider the fact that there is silence in city communities said that they would the Democratic Caucus is a bill that I New York City, a city that had $2 bil- certainly support vouchers in order to have my name on as a cosponsor is to- lion in surplus last year and did not get their kids a decent education. They tally inadequate. It is a bill to sell spend a penny to help renovate, repair, did not have any faith left in the public bonds and the Federal Government will help building those schools. Not a school system. That is most unfortu- pay the interest. It is a commitment of penny of that surplus went into the nate, but that is a truth I have to stand the Federal Government over a 5-year schools. here and admit. period to $3.7 billion for the school con- There was silence at the State level. They have given up hope because struction situation under a situation The State had a $2 billion surplus, and they realize that their child only has where each locality or State will have H9892 CONGRESSIONAL RECORD — HOUSE October 12, 1999 to vote to borrow money and we will As I begin my remarks tonight, I ticle that was published just before his pay the interest on the principal. That want to take a moment and pay special death that spoke of Bill Crotty’s deter- is totally inadequate. tribute to a gentleman who I have had mination to make a difference in the As would he go into a cyber-civiliza- the honor and privilege of knowing post in which he was appointed to tion, I strongly advise, urge, and plead from my district in Central Florida. serve. The article from the Daytona that all elected officials understand That individual is E. William Crotty, Beach News Journal in Central Florida that what would he need is an omnibus and he is affectionately known to all of said, for example, ‘‘He delivered a cyber-civilization education program us who are friends of Bill Crotty as Bill state-of-the-art Fairchild C–26 aircraft to guarantee that the brain power and Crotty. from the United States Government to the leadership needed for our present He had the distinction of being ap- Barbados. Prime Minister Owen Arthur and our expanding future digitalized pointed the ambassador to seven Carib- was the recipient and received this as economy and high-tech world will be bean nations by President Clinton last part of an $11 million support package there. November and has been in that posi- to the regional security system in the At the heart of such a comprehensive tion until his death just a few days Caribbean to help fight drug traf- initiative, we must set the all-impor- ago. ficking.’’ tant revitalization of the physical in- To his family, we want to extend our We have lost with the death of Bill frastructure of America’s schools. deepest condolences, extend our sym- Crotty, again, an individual who was These necessary brick and mortar cre- pathy to his wife Valerie and his chil- dedicated to his community, to his ations will long endure as symbols of dren and his relatives. party, and also an ally with me in the this particular set of leadership’s com- I have known Bill Crotty for many war against illegal narcotics. His un- mitment to education. It will also years. I happen to be a Republican. I timely death again leaves us all at a serve as practical vehicles for the de- am actually in a family dominated by loss. But we do want to extend our very livery of a kind of high-tech education some pretty prominent Democrats. Bill deepest sympathy to his family who required in the 21st century. Crotty was a Democrat’s Democrat. now have grief as Bill has left us. All of the most brilliant and vision- But although he and I sometimes dif- Again, Mr. Speaker, we pay tribute to- ary education achievements of the fered on political parties, we agreed night to E. William Crotty, United Clinton administration may be merged more often on the need to serve our States Ambassador. and focused through these vital and community, to serve our State, and to When I speak on the floor of the physical edifices. We have had a net serve our Nation. House every Tuesday night and get an day movement for the volunteer wiring The untimely death of Bill Crotty opportunity, I like to talk about some of schools. We had the technology lit- this week has left our community with of the items in the news and I led to- eracy legislation, the community tech- a great void. It has left the Democrat night with the obituary of a good nology centers, the distance learning party with a tremendous loss. He was friend and dedicated American. But it projects, and the widely celebrated and one of the largest sources of support, appears to me that almost every time appreciated E-rate for telecommuni- financial assistance, and dedication for anyone picks up a newspaper or turns cations. the Democrat party of any individual I on the television or hears some media The lifting of standards, the improve- know in the United States. report, that individual in the United ment of school curriculums, and the He took on every challenge with a States or in any of our communities support for smaller class sizes are also great energy particularly in support of hears more and more about the effects initiatives that require the additional his party and his candidates and also, of illegal narcotics. classrooms and expanded libraries and Leading the news this week was the as I said, in the best interest of his laboratories that school modernization death in Laramie, Wyoming, of a will bring. community, State, and Nation. He was appointed United States am- young, gay man who was beaten to We are not listening to the majority death by several individuals. Some bassador to the Caribbean nations of of Americans. The Republican majority have referred to it as a hate crime. Barbados, Antigua, Barbuda, Dominica, is not listening, and too many other No matter how it is referred to, it people in other places also are not lis- St. Lucia, Grenada, Saint Kitts, Nevis, was a horrible incident. And I know the tening. We need to listen on all of these and St. Vincent, and the Grenadines. State of Wyoming and many people in Since he assumed that post, I had the vital issues, whether it is the HMO bill the community of Laramie, Wyoming, honor and privilege of talking with Bill of rights, prescription drug benefits, are saddened by that occurrence in minimum wage, the need to fund HHS Crotty and working with him. We both their community and that tragic right across the board with increases had a common interest in that region; death. instead of decreases, or school con- and that was to bring stability, to b 2230 struction. bring economic development and trade All of these are areas where leader- to that area of the Caribbean. What captured my imagination and ship is needed, where the demands One of our mutual concerns was the attention, again dealing with the ques- right now in a time of great prosperity problem of illegal narcotics. Just some tion of illegal narcotics as chairman of and peace are that we lay the founda- weeks ago, Bill had written me and the Subcommittee on Criminal Justice tion for a cyber-civilization, and we do sent me these letters and clips and he and Drug Policy, is the headline that that with an education program that is said, ‘‘Dear John, enclosed please find said ‘‘Shepard-Death Defendant to across the board seeking to improve an article that appeared in the July Claim Impairment.’’ This is the head- education but starting with the all-im- 23rd edition of the Grenada Today. The line in Tuesday, October 12 Washington portant area of construction of new article discusses deportees, but the Times. The first paragraph says, ‘‘Lar- schools. thrust is drug trafficking.’’ amie, Wyoming. The attorney for a f He goes on to discuss the possibility man charged with beating college stu- of our visiting with a delegation and dent Matthew Shepard to death said IMPACT OF ILLEGAL NARCOTICS meeting with leaders in the Caribbean yesterday his client’s judgment was IN AMERICA to help them in their efforts to combat clouded by drugs and alcohol.’’ The SPEAKER pro tempore (Mr. illegal narcotics. He closed by saying, Again even as we face the most trag- TANCREDO). Under the Speaker’s an- ‘‘It will be a real honor for my wife and ic events of our time that are pub- nounced policy of January 6, 1999, the I to host you and your delegation. I licized in the media, we look at some of gentleman from Florida (Mr. MICA) is will send you additional materials I the root problems beyond hate, beyond recognized for 60 minutes as the des- think may interest you concerning theft and robbery, beyond other ignee of the majority leader. drug trafficking and Caribbean mat- charges that have been alleged, and we Mr. MICA. Mr. Speaker, I am pleased ters.’’ see drugs and alcohol and substance to come to the floor again tonight to Again, just recently discussing with abuse as possibly the root cause of talk about the issue of illegal narcotics Bill Crotty, our ambassador, this par- these crimes. Again, this entire area of and its impact upon the United States ticular situation we face in the Carib- illegal narcotics and substance abuse of America. beans on illegal narcotics, I have an ar- has taken its toll across our Nation. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9893 Last week, I reported the most re- city began its own free needle exchange What is particularly disturbing is our cent statistics indicate that over 5,200 program. In Canada, we have an exam- young people in particular are falling Americans died last year from drug-in- ple of when you have a liberalized pol- victim to these overdoses and fatalities duced deaths. I do not think Matthew icy and needle exchange program, the and they do not realize that this high Shepard’s death will be counted in statistics also prove that needle ex- purity illegal narcotic that is available those statistics as I have cited many change programs actually increase the in our streets and in our communities others who have died as the result of rate of HIV infection according to this is so deadly and so potent. someone being involved with illegal report. Again in Canada and a city like To deal with some of the problems we narcotics. But the toll continues to Baltimore, we have seen a dramatic in- have had, I have got a news story from rise and rise. In addition to the deaths, crease in the rise of addicts as we see a the Washington Times but it is actu- we have the incarceration of 1.8 mil- more liberalized policy. ally a story on what has happened in lion, close to 2 million total Americans Also in the news is a report from the Florida. I had the opportunity earlier in our jails, our prisons. Our judiciary Boston Globe that I thought I would this fall to meet with the governor and system is clogged at tremendous ex- mention tonight. This is a story that also his new drug czar, Jim pense to the taxpayer with people who we all heard a great deal about some McDonough, in Orlando on one of the have committed serious felonies, years ago and that was the death of the occasions in which a daylong kickoff crimes, robberies, murders and other il- top Boston Celtics draft pick, Len Bias. was celebrated to start a statewide legal acts either under the influence of His death occurred some 13 years ago. antinarcotics program. It is a multi- illegal narcotics or in dealing with ille- It was a cocaine-related overdose faceted program which encompasses gal narcotics. The toll from illegal death. Federal prosecutors for the first prevention, education, enforcement, drugs in our country continues to rise. time in Massachusetts said yesterday treatment, a whole array and a whole Also in the news, relating to illegal that the law bearing Len Bias’ name attack on the illegal narcotics problem narcotics, is a debate that has really will be used to charge an alleged drug that we face not only in central Flor- tied up the other body, the United dealer with the overdose of a customer. ida but across Florida. States Senate, and the House of Rep- Again, this report is from just last Fri- Our governor, Jeb Bush, has done an resentatives with several pieces of leg- day. incredible job in bringing together the islation. As my colleagues may know, Alarmed by high levels of heroin purity State, first in a statewide coordinated the President has vetoed the D.C. ap- and an acute statewide overdose problem, meeting in the capital, Tallahassee, propriations measure. One of the provi- United States Attorney Donald K. Stern said earlier this year, with the President of Federal and State prosecutors are preparing sions in that particular bill does re- to bring more cases under the statute. Called the Florida Senate, Toni Jennings, and strict needle exchange programs. It is the Len Bias Law, it was passed by Congress the Speaker of the Florida House, John now one of the problem areas that the amid the uproar surrounding the University Thrasher, in a joint conference and ef- House of Representatives and Congress, of Maryland basketball star’s death in 1986. fort to bring together all of the most the other body, find ourselves in con- It levies stiff Federal penalties on drug deal- knowledgeable people on the illegal flict with the administration. They ers whose sales can be directly tied to fatal narcotics problem, a summit that has want to promote these needle ex- overdoses. A drug dealer is looking at a max- produced results. Part of the results imum of a 20-year prison term on State man- changes. It has caused the veto in part slaughter charges. was this kickoff. The governor said he of this particular bill relating to fund- would adopt a plan of action, institute This is the quote by Mr. Stern who is ing D.C. government. The Congress is a drug czar’s office, which he has done, the U.S. Attorney there. He said that also embroiled in a battle to fund sev- and Jim McDonough, who is a former those individuals would face a min- eral major departments. One of the deputy national drug czar, is now head- imum 20-year sentence in Federal court largest bills that we will face in Con- ing up that post. They have discussed a and the possibility of life without pa- gress is the education, labor and role under the Len Bias Law. plan, they have developed a plan, they human services bill, HHS bill as we ‘‘One such dealer,’’ Stern said, ‘‘was have announced a plan and I am refer to it. Recently, the other body 61-year-old Anibal Soler of Holyoke. pleased that Jeb Bush and other lead- struck a provision that would have al- Solo was charged with selling Edward ers in our State are now executing a lowed the Department of Health and Thompson of Chicopee a fatal dose of plan. Human Services Secretary to create a heroin that officials say was 72 percent The headline here on Friday reads, clean needle exchange program for pure. High purity heroin can be deadly ‘‘Florida Raids on Raves Result in 1,219 drug users. In some of the debates on if users are expecting a less potent dose Arrests.’’ If you do illegal drugs in that, one of the quotes that struck me and take too much.’’ Florida, we are going to go after you. was ‘‘giving an addict a clean needle is One of the things that I have tried to The governor has made this commit- like giving an alcoholic a clean glass,’’ point out here and that we have point- ment. I have made the commitment. said one of the sponsors of that legisla- ed out in our subcommittee hearings We have established through central tion in the other body. and testimony we have had from med- Florida, from Tampa now through Or- What was also interesting is a study ical experts is that the heroin and co- lando and up almost to Jacksonville, that was referred to. I have not read all caine and some of the other narcotics and we will be including Jacksonville, the details of this study and I have that we see today are not the same pu- a HIDTA, that is a high intensity drug used the example of Baltimore which rity level as the cocaine and heroin we traffic area. We also have one in Flor- has had a very liberal policy and needle saw in the 1970s and 1980s. This par- ida. These are designations by Federal exchange program and which has, I be- ticular case had a 72 percent purity. law that take every possible law en- lieve, since 1989 increased its addiction Back in the 1970s and 1980s, they were forcement resource and other re- level some five or six times. As it was looking at 5, 6, 7 percent pure heroin. sources, local and State, combined reported and I cited and quoted a mem- This ends up by saying that high purity with Federal agencies in an effort to ber of the Baltimore city council who heroin can be deadly if users are ex- combat illegal narcotics. We are going said one out of eight citizens in the pecting a less potent dose and take too after individuals who deal in death city of Baltimore is now a heroin ad- much. caused by illegal narcotics. dict. Part of this, we can trace back to That is exactly what is happening. This particular article says that the needle exchange program. But this We have a flood of high purity heroin, statewide raids on all-night dance par- quote in the Washington Times from high purity cocaine and other designer ties, known as raves, resulted in 1,219 last Friday says that ‘‘we have proved drugs that are potentially fatal in very arrests and the seizure of nearly $9.4 beyond a reasonable doubt that needle small doses. That is why we are seeing million in drugs, cash, weapons and ve- exchange programs increase the rate of in my community, in central Florida, hicles. The raids, which were dubbed HIV infection and the use of drugs.’’ for example, we have had over 60 heroin ‘‘Operation Heat Rave,’’ were in re- Cited in this article is a Vancouver, overdoses. In fact, in central Florida, a sponse to six rave-related drug deaths British Columbia case where the num- headline is blurted out that overdoses around the State, including two this ber of drug-related overdoses has in- from drugs now exceed homicides in summer, according to State drug czar creased fivefold since 1988, the year the central Florida. Jim McDonough. H9894 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Jim McDonough is quoted as follows: cotics, either in their country or the made in a Cato Institute program in ‘‘Had this been a roller coaster ride and production in their country or traf- Washington, I believe it was, last week. we had had six dead, there would have ficking in their country. It is a simple He is the Republican governor of New been a major outcry to close down the law. We give them our benefits. Mexico. He has advocated legalization theme park until we could do some- Now, why in the world would we want and decriminalization of what are now thing about that roller coaster ride.’’ to transfer to other nations an evalua- illegal narcotics. I will not get into all tion process that allows people to have of the comments and debate about b 2245 benefits such as foreign aid, financial some of the things he said while he was I think Jim McDonough states here assistance, trade assistance? Why here; and he has said as governor in re- that people would be outraged if, in would we want to give that evaluation gard to this, but I would like to cite a any other instance, there were that ability to some international body or news story that was out in the Associ- many young people killed. to others? The Clinton administration ated Press just in the last couple of In this raid across the State, State has misapplied the decertification. days that says, ‘‘Albuquerque: A Fed- and local law enforcement officers They decertified Colombia, and they eral drug agent, head of the FBI in New moved against 57 businesses in 21 coun- should have allowed for a national in- Mexico and the Otero County sheriff ties from September 29 through Octo- terest waiver, even though they felt have resigned from a panel that advises ber 4. Officers seized more than 15 kilo- Colombia was not properly cooper- Governor Gary Johnson on drugs say- grams of cocaine, more than 500 pounds ating, but they had problems with this ing, they are upset by the governor’s of marijuana, and smaller quantities of administration; had problems with Co- escalating push for legalized drugs.’’ heroin and methamphetamines. They lombia’s human rights operations and Let me read more from the story, and also seized designer drugs, Ecstacy, attitudes and actions, and instead, again, it will not be my quote, but their quote. They are quoted here as GHP, and other drugs such as the rape they decertified Colombia without saying, ‘‘We can’t be running away drugs. So it is nice to see people in pub- what we provided in the law, which was from the problems,’’ said Sandoval lic office who set out a plan and then a national interest waiver, a United County Sheriff Ray Rivera, the Coun- execute a plan and follow through with States national interest waiver to cil’s chairman. ‘‘I feel like those folks their commitments, and I am pleased allow us to continue to assist in one are running away from the problem in- that Governor Jeb Bush and others in specific area, and that would be the our State are following through. Again, stead of standing up.’’ And this is fight against illegal narcotics. And be- someone who expressed concern about part of the news. cause of that misapplication of a very Also, I wanted to call to the atten- those who resigned, creating a great good law, we, in fact, have an incred- debate; and it went on not only here in tion of my colleagues and the entire ible production of illegal narcotics Congress a little game that is being Washington, but in his own State. from Colombia, and I will try to talk a We also have one of the agents who played on the question of certification, little bit more about that tonight. drug certification. Having been in- resigned, David Kitchen, agent in But this is sad that this administra- charge of the FBI, quoted as saying in volved in the passing and actually au- tion still does not understand why that thorship of the United States drug de- his resignation letter, and he noted law was instituted or how that law earlier, he told Johnson he admired his certification law, I know a little bit should be applied. By the same token, courage in calling for a debate on de- about how it was set up to work and they took the decertification law and criminalization, although Kitchen how it should work. certified Mexico as cooperating in the thought it was sending a false message. This article talks about what I con- war on illegal narcotics. Mexico should Then came Johnson’s statement advo- sider sort of a little attempt to under- have been decertified, but also granted cating legalized marijuana and heroin. mine the United States drug decerti- a national interest waiver. So what ‘‘Those absolutely stunned me, espe- fication law. Let me read a little bit they have done is made a joke of the cially since they came the same day a about it. It is from the Oppenheimer law and made the law ineffective. multiagency task force arrested more Report and it was published in the And now, to circumvent the intent of than 30 people accused of being part of Miami Herald. It said, ‘‘At a September Congress and the intent of that law, a drug ring that operated in northern 2nd meeting in Ottawa, the 34 Nation again, if a country is going to receive New Mexico for years,’’ Kitchen wrote. Organization of American States ap- benefits from the United States, why in Hansen, another one who resigned, in proved a plan supported by the Clinton the world would we allow some multi- his letter of resignation Tuesday ob- administration,’’ now that concerns national organization to evaluate jected to what he said was Johnson’s me, ‘‘to create a multinational evalua- whether those countries would be eligi- apparent theory that, and I will quote tion system which the OAS,’’ Organiza- ble? It is our trade benefits, it is our him, ‘‘that since we are not winning tion of American States, ‘‘hopes will foreign aid, it is our financial assist- the drug war, we should just stop fight- eventually replace the controversial ance. All we ask for is minimal co- ing. That position makes a mockery of U.S. score board.’’ operation efforts to curtail illegal nar- the dedicated men and women of the I am very disturbed that the Clinton cotics. Drug Enforcement Administration,’’ administration would want to do away So both in the case of Mexico they Hansen wrote. ‘‘Your radical proposal with our drug decertification law. I am have distorted the law, and in the case to legalize drugs will only heighten the concerned that, first of all, they have of Colombia they have perverted the legitimate fear and foreboding that misapplied the law. law, and now, much to our disadvan- drug users and their related crimes in- The drug decertification law is a sim- tage, in Mexico, 50, 60 percent of all il- spire. One need only look within New ple law. It says that any Nation who legal narcotics coming into the United Mexico to find prominent and disheart- wishes to receive benefits of the United States either are transited or are pro- ening examples of families and commu- States, foreign aid, foreign assistance, duced in Mexico, and now 60 to 70 per- nities devastated by drug use,’’ he went trade assistance, trade benefits, inter- cent of the heroin and cocaine is both on to say. national financial assistance from the produced and trafficked from Colom- So there are others that are con- United States, any Nation who receives bia, a lot of it through Mexico. In 6 cerned and also critical of Governor the largesse of the United States is years they have managed to make Co- Johnson’s position, and I am sure that asked to cooperate with the United lombia the largest producer of cocaine debate will continue. We have held sev- States in an effort to eliminate either and heroin in the world, and the larg- eral hearings in my subcommittee on the production or trafficking of illegal est supplier to the United States. Talk the question of legalization, decrimi- narcotics. It is a simple law. Every about a messed up policy. This is an in- nalization, and some of the facts we year, the President must send to the credible fiasco and could get worse if found do not jive exactly with what Congress a list of those countries we pass on to these other countries this Governor Gary Johnson of New Mexico whether or not they are assisting the certification responsibility. has advocated; and again, as I said, United States, an evaluation is made I have cited and spent part of my last that debate and discussion will con- whether they are assisting the United talk reflecting on some of the com- tinue here in the Congress and across States through stopping illegal nar- ments that Governor Gary Johnson the Nation. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9895 Also in the news is another example The war on drugs has been basically administration took over to 1995, when of a failed policy by this administra- closed down internationally by the we took over, I believe, and I served on tion that is quite disturbing, and that Clinton administration. Not only did the Committee on Government Oper- is an article a few weeks ago here in we stop the international programs ations which had that drug policy re- the Washington Post, Tuesday, Sep- which are so cost-effective, and I have sponsibility and oversight responsi- tember 28 that says, ‘‘Haiti’s police ac- used this chart also before, but the pro- bility, there was one hearing. It lasted cused of lawlessness.’’ What is abso- grams as far as enforcement, particu- for about 1 hour. They brought in the lutely stunning is after spending $3 bil- larly interdicting illegal narcotics drug czar at the time. lion to $4 billion of American hard- from their source to our borders, again, Again, this was after they had fired earned taxpayer dollars in Haiti in the a dramatic decrease, 1992–1993. people. There were 120 people working so-called nation-building effort, we They closed down these programs. in the drug czar’s office. In 1993 they have ended up now with a case of Haiti They took the military out of the drug fired about 100 of them and left ap- having a police force trained under war. They took the Coast Guard out. proximately 20. Again, the results are some of those programs financed by the All of the U.S. resources were slashed. there in black and white. This is not a United States as a center for some ille- Again, back in 1995, with the Repub- partisan issue, these are not partisan gal narcotics activities and drug smug- licans taking over, we are beginning to statistics. In fact, these charts and sta- gling in the Caribbean. This particular put Humpty-Dumpty together again, tistics, the information is provided by report in the Washington Post says, and the war on drugs back together Clinton and U.S. officials under this ‘‘Created four years ago to usher in a again. We are almost back to 1992 level administration. But it is pretty dra- new era of impartial justice, the United funding. matic, when you close down the war on States-trained Haitian National Police I have also pointed out what is abso- drugs, when you change the message is grappling with allegations that its lutely dramatic is if we look at illegal that is being sent there, when you officers have been involved in a waive drug usage among our 12th graders and slash the resources from some of the of murders, disappearances of detainees our teenagers, this starts in 1989, this cost-effective programs. and drug-related crimes and other ille- chart. We see, if this chart continued One of the things they did was they gal activities.’’ towards me, we see this continual de- shifted their emphasis almost all to And this is a quote within the story: crease of use among our 12th graders of treatment. If we take 1992 and 1993 to ‘‘If you are asking me whether I am different types of drug use, 30-day and 1998, we would see almost a doubling in more concerned about rot in the police recent, with these different lines here, the amount of money for drug treat- than a year ago, the answer is yes,’’ levels of use continuing to go down. ment. There is nothing wrong with said Collin Granderson, Executive Di- This would be the Reagan and Bush treatment. Of course we need effective rector of an international civilian mis- administration down here. We see dra- treatment programs. That is the sub- sion here run by the Organization of matic increases here in use among our ject of additional hearings and inves- American States in the United Na- young people, in drug abuse and use tigation which we will be doing, be- tions. We have both human rights con- among our young people. This is about cause if we are spending these huge cerns and concerns about broader con- the time Clinton appointed Joycelyn amounts of money on treatment pro- duct of officers, specifically with re- Elders, who sent the ‘‘just say maybe’’ grams and prevention programs, we want to make certain they are effec- spect to criminal activity and particu- message, as our chief health officer. It tive. But this is very startling, factual larly drug trafficking. Allegations of is the time, if we took these other information of what has taken place. police involvement in the drug trade charts and transposed them on here, have continued to surface in a country Now, this policy has had some impli- that we cut the source country pro- cations. Fifty-one percent of high that has become a major trans- grams, so we had this incredible influx shipment point for cocaine and heroin, school students said the drug problem of heroin, cocaine, other illegal nar- is getting worse. This is in a survey both to the United States and from cotics coming in, a tremendous in- South America. It is absolutely incred- within the last year. For the fourth crease in supply, decrease in price and ible that we would spend billions of straight year, both middle and high availability, and the wrong message taxpayer dollars in a nation-building school students say drugs are their big- being sent. This is exactly what we got. gest concern. effort and in these programs to sta- I had another chart that was done. bilize the judiciary and the police and Also from the most recent survey, for This is a smaller chart. I do not know the third straight year, the number of create a little center of illegal nar- if this chart can be seen here. But this cotics drug trafficking in Haiti. Again, high school teens who report that is heroin trends in annual percentage. a failed policy of the Clinton adminis- drugs are used, sold, and kept at their Actually it starts in 1975. We can see tration. school has risen from 72 percent in 1996 Tonight I want to talk in addition to how this heroin use, annual use here, to 78 percent in 1998. Teenage drug use, some of the news stories and other starts going down. This is eighth grade again, the result of a failed policy. comments, I want to talk again about through 12th grade. We see it going That is pretty evident. what has happened in the United down here, and then we see it levelling Today 50 percent of teens who States since 1992, and I have repeatedly off in the eighties and in the nineties. smoked marijuana cited their friends Then we come to 1992, the election. said that in 1993 when President Clin- as most influential, 30 percent cite ton was elected, he basically closed We see the change in the drug policy. themselves as most influential in de- down the war on illegal narcotics, and We see it being closed down, the war on ciding whether or not to use drugs. At I have cited very specifically, and we drugs; again, the money being slashed age 13, teenagers get to know other have the programs that deal with ille- in source country programs, the money students who use and sell pot, acid, co- gal narcotics, stopping illegal nar- being slashed in interdiction, stopping caine, or heroin, and learn where to cotics coming into the United States, drugs coming into our borders. This is buy these drugs and who to buy them first of all, stopping illegal narcotics at one of the most dramatic charts that I from. Forty-seven percent of our 13- their source. have seen produced, but it shows us year-olds say their parents have never going off the charts with illegal nar- seriously discussed the dangers of ille- b 2300 cotics. gal drugs with them. We cannot en- In 1993 we can see, with a Democrat Then arrive the Republicans in 1995, tirely blame this on government, we House, Senate, and White House, basi- and through the leadership of the cur- have to take responsibility as parents. cally they slashed and cut in half all of rent Speaker of the House, the gen- But the interesting statistics are, the cost-effective source country pro- tleman from Illinois (Mr. HASTERT), he again, what has taken place with a grams to stop illegal narcotics at their chaired the subcommittee and had the change of Federal policy since 1992. We source, just a dramatic change. We get responsibility for restoring our na- have almost doubled each year since back to where the Republicans took tional drug policy. 1992 the use of illegal narcotics by 12- over the Congress in 1995, and we see us What was interesting, as I served in to 17-year-olds. I have the exact statis- back then, if we take 1992 dollars, we the Congress during this time, from tics. In 1992, the increase was 5.3 per- are just about back to that position. 1992 when I was elected and the Clinton cent. In 1994 it jumped to 8.2 percent. It H9896 CONGRESSIONAL RECORD — HOUSE October 12, 1999 was either 9, 10, or 11 percent for every Probably 70, 80 percent of all of the ers have moved forward. These individ- year, an increase. illegal narcotics coming into the uals have been indicted where they are So from 1992, with the change in the United States now come in from these found in the United States. There are Clinton policy, to 1998, there has been a two sources. As I cited, these two coun- several who have fled and several who doubling of illegal narcotics use among tries have not properly been dealt with we requested extradition on who have our teenagers almost every single year. by the United States. We certified Mex- not been returned to face justice in the What should be of concern to all the ico, and Mexico in the last year has United States, but my point here is Members of Congress is that illegal had a dramatic, over 50 percent de- that this United States Congress, the narcotics does affect our young people, crease, in seizures of cocaine and dra- House of Representatives, asked Mex- but it also affects our minorities. matic decreases in seizures of heroin, ico to cooperate in stopping illegal nar- A 1998 household survey on drug and they were certified as cooperating. cotics activities and enforcing laws abuse found the percentage of blacks Mexico also promised, and the United that were put on the books in extra- using drugs rose 8.2 percent in 1998 States Congress asked Mexico to co- dition, which I cited, and some of these from 5.8 percent in 1993. So our minori- operate with the extradition, according other things that I cited, and rather ties have been the recipients of a great to a 1978 extradition treaty, Mexican than assist the United States they deal of the problems in increases; par- nationals who were indicted in the blocked the United States. Only be- ticularly among, again, our minorities United States and we request their ex- cause of the visit of the President of who are using drugs in almost double tradition should come back to the the United States and because this had the statistics before 1993. United States and fear coming back to gotten so much publicity have they fi- b 2310 the United States for trial on those nally backed off. charges. Not one major Mexican drug Drug use among Hispanics rose to 6.1 b 2320 lord has been extradited to date. This percent from 4.4 percent from 1993 to But this is the type of lack of co- 1998; another legacy of a change in pol- Congress passed a resolution several operation. What is astounding is Mex- icy brought about by this administra- years ago asking, in addition to extra- ico has been the recipient of one of the tion. dition, that Mexico sign a maritime Drug use since 1989 has increased agreement. We know the drugs are finest and most generous trade agree- among young adults 18 to 25 to its coming in across land and around the ments of any two Nations, the NAFTA highest level, and that was in 1998. waters that surround Mexico and the agreement, in which the United States Drug use among 18 to 25 year olds in- United States. To date, Mexico has not gave very specific trade benefits to creased about 10 percent from 1997 to signed a maritime agreement. Mexico and asked very little in co- 1998, again startling figures about in- We further asked that Mexico allow operation. We asked for their certifi- creases in the use of illegal narcotics, our handful of DEA agents, law en- cation as cooperating and, for these particularly among our young people. forcement agents that are working in trade benefits, a little bit of assistance The use of illegal narcotics is not Mexico, to arm themselves and protect in the illegal narcotics problem. What just a problem among our young peo- themselves since the death and murder we have gotten basically is sand kicked ple. Today about 78 million Americans of one of our agents, Kiki Camarena. in our face. have used illegal drugs at some point To date, Mexico still has not complied Forty Mexican and Venezuelan bank- in their lives. Roughly 13.6 million with that simple request. ers, businessmen, and suspected drug Americans are current users. Right We asked that Mexico also enforce cartel members were arrested, and 70 now, marijuana is the most commonly laws that it had passed. They passed others have been indicted as fugitives. used drug among our Nation’s 13.6 mil- laws dealing with money laundering This, again, is something that we have lion illicit drug users. It has also been and illegal narcotics, and drug traf- had to deal with ourselves and enforce recently revealed by another survey ficking, but they do not enforce it. ourselves without the cooperation of that an estimated 4.1 million people Rather than enforce the laws, as our Mexican officials. met diagnostic criteria for drug de- simple request to work with the United It is my hope that we can turn this pendence on illicit drugs in 1997 and States, what Mexico has done has actu- situation around, that Mexico can be- 1998, including 1.1 million use; that is ally become the capital of drug laun- come a better partner in fighting ille- about 25 percent of those who are de- dering. In fact, the largest drug laun- gal narcotics. pendent on illegal drugs are young peo- dering case in the history of the United I might say that, as I close this ple between 12 and 17. States, if not the history of the world, evening that Mexico is now becoming Additionally tonight, I wanted to was uncovered in a United States Cus- the recipient of much of the crime and spend a few minutes talking not only toms operation which I cited and violence. They have lost several of about the impact of illegal narcotics, talked a little bit about in my last talk their States, the Baja peninsula is now some of the problems that I have cited, and this is a bit of the background on lost to narco-traffickers. The Yucatan but also talk about some of the failures Operation Casa Blanca. It was an inves- Peninsula, its Governor fled. He was in- of the Clinton policy as it relates to tigation that was concluded in May of volved up to his eyeballs in illegal nar- stopping illegal narcotics coming into 1998 with the indictment of 109 individ- cotics. our country. As I cited just a few min- uals and three Mexican banks. The un- Other States along the United States utes ago, we know where most of the dercover operation was the largest border and within the heart of Mexico heroin, we know where most of the co- sting operation in the United States are now on the verge of collapse and caine, we know where most of the history. Because there are so many being lost to drug traffickers. methamphetamines are coming from. corrupt individuals involved in Mexico Mexico is now the recipient of some They are produced now in Colombia. law enforcement and government, we of the problems that we have inherited They transit through Mexico. Mexico did notify the Mexicans of some of as a neighbor and friend and ally, and has also turned into a producer. Colom- what was going on, but not all of what we only ask cooperation. bia produces 70 percent of all of the was going on. Finally, as we close, it is nice to heroin. Six years ago it produced al- After it became known that these in- bring up some of the critical elements most no heroin. There were almost no dividuals were involved at these var- of what this administration has done. poppies grown in Colombia. Again, ious levels and that we had this sting The positive aspects are the Repub- through the failed policy of this admin- operation going on, rather than cooper- lican-dominated Congress has restored istration, Colombia has mushroomed ate with the United States what the funds for international programs. We into the drug producing capital of the Mexican officials did was threaten to have put back the Coast Guard, the world; actual producers of heroin, arrest United States officials and Cus- military, and other Federal agencies poppy, the core material. Mexico now toms officials who were involved in and are now utilizing every possible re- is producing 14 percent of the heroin this sting operation. source. We have instituted an edu- coming into the United States, that I must say that I am pleased that the cation program which is funded with was in single digits some 6 or 7 years United States Customs agency, the De- over $190 million plus that amount ago, under the Clinton administration. partment of Justice, the FBI and oth- matched by the private sector on October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9897 which, this Thursday, our Sub- Day O’Connor United States Courthouse’’; to 4719. A letter from the Director, Office of committee of Criminal Justice, Drug the Committee on Transportation and Infra- Regulatory Management and Information, Policy, and Human Resources will do structure. Environmental Protection Agency, transmit- its first review. f ting the Agency’s final rule—Approval and Promulgation of Air Quality Implementa- We hope that through education, ADJOURNMENT tion Plans; Texas Redesignation Request and through interdiction, through source Mr. MICA. Mr. Speaker, I move that Maintenance Plan for the Collin Country country programs, through prevention Lead Nonattainment Area [TX–112–1–7421a; the House do now adjourn. and through treatment, through a FRL–6449–5] received October 5, 1999, pursu- multifaceted approach, this was start- The motion was agreed to; accord- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ed under Ronald Reagan, we can again ingly (at 11 o’clock and 23 minutes on Commerce. bring down the problem of illegal nar- p.m.), the House adjourned until to- 4720. A letter from the Director, Office of Regulatory Management and Information, cotics, of drug use among our young morrow, Wednesday, October 13, 1999, at 10 a.m. Environmental Protection Agency, transmit- people, the death and tragedy that it ting the Agency’s final rule—Approval and f has caused in so many lives. Promulgation of Implementation Plans: Ap- With that, Mr. Speaker, I am pleased EXECUTIVE COMMUNICATIONS, proval of Revisions to the North Carolina to conclude my special order tonight ETC. State Implementation Plan [NC–083–1–9938a; on the continuing problem we face as a FRL–6453–8] received October 5, 1999, pursu- Congress and the American people with Under clause 8 of rule XII, executive ant to 5 U.S.C. 801(a)(1)(A); to the Committee illegal narcotics. communications were taken from the on Commerce. Speaker’s table and referred as follows: 4721. A letter from the Director, Office of f Regulatory Management and Information, 4712. A letter from the Administrator, Environmental Protection Agency, transmit- Food Safety and Inspection Service, Depart- LEAVE OF ABSENCE ting the Agency’s final rule—Massachusetts: ment of Agriculture, transmitting the De- Final Authorization of State Hazardous By unanimous consent, leave of ab- partment’s final rule—Scale Requirements Waste Management Program Revision [FRL– sence was granted to: for Accurate Weights, Repairs, Adjustments, 6454–1] received October 5, 1999, pursuant to 5 Mr. UNDERWOOD (at the request of and Replacement After Inspection—received U.S.C. 801(a)(1)(A); to the Committee on October 8, 1999, pursuant to 5 U.S.C. Mr. GEPHARDT) for today and the bal- Commerce. 801(a)(1)(A); to the Committee on Agri- ance of the week on account of official 4722. A letter from the Special Assistant to culture. business. the Bureau Chief, Mass Media Bureau, Fed- 4713. A letter from the Manager, Federal Mr. PASCRELL (at the request of Mr. eral Communications Commission, transmit- Crop Insurance Corporation, Department of ting the Commission’s final rule—Amend- GEPHARDT) for today on account of offi- Agriculture, transmitting the Department’s ment of Section 73.202(b), Table of Allot- cial business. final rule—General Administrative Regula- ments, FM Broadcast Stations (Wellsville Ms. KILPATRICK (at the request of Mr. tions; Interpretations of Statutory and Reg- and Canaseraga, New York) [MM Docket No. EPHARDT ulatory Provisions (RIN: 0563–AB74) received G ) for today on account of a 98–207, RM–9408, RM–9497] received October 7, October 5, 1999, pursuant to 5 U.S.C. death in the family. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Agri- Mr. ENGLISH (at the request of Mr. Committee on Commerce. ARMEY) for today on account of a culture. 4723. A letter from the Special Assistatnt transportation delay. 4714. A letter from the Administrator, Ag- to the Bureau Chief, Mass Media Bureau, ricultural Marketing Service, Department of Federal Communications Commission, trans- f Agriculture, transmitting the Department’s mitting the Commission’s final rule— final rule—Avocados Grown in South Florida SPECIAL ORDERS GRANTED Amendment of Section 73.202(b), Table of Al- and Imported Avocados; Revision of the Ma- lotments, FM Broadcast Stations (Choteau, By unanimous consent, permission to turity Requirements for Fresh Avocados Montana) [MM Docket No. 99–219 RM–9638] address the House, following the legis- [Docket No. FV99–915–2FR] received October (Hubbardston, Michigan) [MM Docket No. 99– lative program and any special orders 5, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to 80 RM–9493] (Ingram, Texas) [MM Docket No. heretofore entered, was granted to: the Committee on Agriculture. 99–235 RM–9643] (Parowan, Utah) [MM Docket 4715. A letter from the Office of the Under (The following Members (at the re- No. 99–224 RM–9605] (Toquerville, Utah) [MM Secretary, Department of the Navy, trans- Docket No. 99–226 RM–9603] (Valier, Mon- quest of Mr. MCNULTY) to revise and mitting notification of a decision to study extend their remarks and include ex- tana) [MM Docket No. 99–228 RM–9612] certain functions performed by military and (Washburn, Wisconsin) [MM Docket No. 99–18 traneous material:) civilian personnel in the Department of the RM–9414] (Breckenridge, Texas) [MM Docket Mrs. MALONEY of New York, for 5 Navy for possible performance by private No. 99–243 RM–9675] (Alberton, Montana) minutes, today. contractors, pursuant to 10 U.S.C. 2461; to [MM Docket No. 99–218 RM 9637] Received Oc- Mr. PALLONE, for 5 minutes, today. the Committee on Armed Services. tober 7, 1999, pursuant to 5 U.S.C. 4716. A letter from the Director, Regula- Mrs. CLAYTON, for 5 minutes, today. 801(a)(1)(A); to the Committee on Commerce. tions Policy and Management Staff, FDA, 4724. A letter from the Director, Office of Ms. JACKSON-LEE of Texas, for 5 min- Department of Health and Human Services, utes, today. Congressional Affairs, Office of Nuclear Re- transmitting the Department’s final rule— actor Regulation, Nuclear Regulatory Com- (The following Members (at the re- Food Labeling: Declaration of Ingredients mission, transmitting the Commission’s quest of Mr. UPTON) to revise and ex- [Docket No. 98P–0968] received October 6, final rule—Changes, Tests, and Experiments tend their remarks and include extra- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the (RIN: 3150–AF94) received October 5, 1999, neous material:) Committee on Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mrs. JOHNSON of Connecticut, for 5 4717. A letter from the Director, Regula- mittee on Commerce. minutes, October 13. tions Policy and Management Staff, FDA, 4725. A letter from the Acting Director, De- Department of Health and Human Services, fense Security Cooperation Agency, trans- Mr. BURTON of Indiana, for 5 minutes, transmitting the Department’s final rule— mitting notification concerning the Depart- October 19. Internal Analgesic, Antipyretic, and ment of the Air Force’s proposed Letter(s) of f Antirheurmatic Drug Products for Over-the- Offer and Acceptance (LOA) to Australia for Counter Human Use; Final Rule for Profes- defense articles and services (Transmittal SENATE BILLS REFERRED sional Labeling of Aspirin, Buffered Aspirin, No. 00–06), pursuant to 22 U.S.C. 2776(b); to Bills of the Senate of the following and Aspirin in Combination with Antacid the Committee on International Relations. titles were taken from the Speaker’s Drug Products; Technical Amendments 4726. A letter from the Director, Office of [Docket No. 77N–094A] received October 6, table and, under the rule, referred as Personnel Management, transmitting the Of- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the fice’s final rule—Prevailing Rate Systems; follows: Committee on Commerce. Redefinition of the Eastern South Dakota S. 1567. An act to designate the United 4718. A letter from the Director, Office of and Wyoming Appropriated Fund Wage States courthouse located at 223 Broad Regulatory Management and Information, Areas (RIN: 3206–AI74) received October 5, Street in Albany, Georgia, as the ‘‘C.B. King Environmental Protection Agency, transmit- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the United States Courthouse’’; to the Com- ting the Agency’s final rule—Approval and Committee on Government Reform. mittee on Transportation and Infrastruc- Promulgation of Air Quality Implementa- 4727. A letter from the Director, Office of ture. tion Plans; Delaware; 15 Percent Rate of Personnel Management, transmitting the Of- S. 1595. An act to designate the United Progress Plan [DE027–1027a; FRL–6453–5] re- fice’s final rule—Prevailing Rate Systems; States courthouse at 401 West Washington ceived October 5, 1999, pursuant to 5 U.S.C. Change in Survey Cycle for the South- Street in Phoenix, Arizona, as the ‘‘Sandra 801(a)(1)(A); to the Committee on Commerce. western Michigan Appropriated Fund Wage H9898 CONGRESSIONAL RECORD — HOUSE October 12, 1999 Area (RIN: 3206–AI68) received October 5, [Airspace Docket No. 99–AGL–41] received 4747. A letter from the Program Analyst, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the October 7, 1999, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- Committee on Government Reform. 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Revi- 4728. A letter from the Acting Director, Of- tation and Infrastructure. sion of Class E Airspace; Corpus Christi, TX fice of Sustainable Fisheries, National Oce- 4737. A letter from the Program Analyst, [Airspace Docket No. 99–ASW–22] received anic and Atmospheric Administration, trans- FAA, Department of Transportation, trans- October 7, 1999, pursuant to 5 U.S.C. mitting the Administration’s final rule— mitting the Department’s final rule—Modi- 801(a)(1)(A); to the Committee on Transpor- Fisheries of the Exclusive Economic Zone fication of Class D Airspace; Bellville, IL tation and Infrastructure. Off Alaska; Pacific Cod by Catcher Vessels [Airspace Docket No. 99–AGL–39] received 4748. A letter from the Chief, Office of Reg- Using Trawl Gear in the Bering Sea and October 7, 1999, pursuant to 5 U.S.C. ulations and Administrative Law, USCG, De- Aleutian Islands [Docket No. 990304063–9063– 801(a)(1)(A); to the Committee on Transpor- partment of Transportation, transmitting 01; I.D. 092499K] received October 5, 1999, pur- tation and Infrastructure. the Department’s final rule—Safety Zone; suant to 5 U.S.C. 801(a)(1)(A); to the Com- 4738. A letter from the Program Analyst, Chesapeake Bay, Hampton, VA [CGD 05–99– mittee on Resources. FAA, Department of Transportation, trans- 090] (RIN: 2115–AA97) received October 7, 1999, 4729. A letter from the Director, Office of mitting the Department’s final rule—Estab- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Sustainable Fisheries, National Marine Fish- lishment of Class E Airspace; Mountain Vil- mittee on Transportation and Infrastruc- eries Service, National Oceanic and Atmos- lage, AK [Airspace Docket No. 99–AAL–9] re- ture. pheric Administration, transmitting the Ad- ceived October 7, 1999, pursuant to 5 U.S.C. 4749. A letter from the Chief, Office of Reg- ministration’s final rule—Fisheries of the 801(a)(1)(A); to the Committee on Transpor- ulations and Administrative Law, USCG, De- Northeastern United States; Summer Floun- tation and Infrastructure. partment of Transportation, transmitting der Fishery [Docket No. 990422103–9209–02; 4739. A letter from the Chief, Office of Reg- the Department’s final rule—Safety Zone I.D. 090799A] received October 5, 1999, pursu- ulations and Administrative Law, USCG, De- Regulations; Mile 94.0 to Mile 96.0, Lower ant to 5 U.S.C. 801(a)(1)(A); to the Committee partment of Transportation, transmitting Mississippi River, Above Head of Passes on Resources. the Department’s final rule—Drawbridge Op- [COTP New Orleans, LA Regulation 99–026] 4730. A letter from the Acting Director, Of- eration Regulation: Passaic River, NJ (RIN: 2115–AA97) received October 7, 1999, fice of Sustainable Fisheries, National Ma- [CGD01–99–171] (RIN: 2115–AE47) received Oc- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rine Fisheries Service, National Oceanic and tober 7, 1999, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- Atmospheric Administration, transmitting 801(a)(1)(A); to the Committee on Transpor- ture. the Administration’s final rule—Fisheries of tation and Infrastructure. 4750. A letter from the Chief, Office of Reg- the Exclusive Economic Zone Off Alaska; 4740. A letter from the Chief, Office of Reg- ulations and Administrative Law, USCG, De- Vessels Catching Pollock for Processing by ulations and Administrative Law, USCG, De- partment of Transportation, transmitting the Inshore Component In the Bering Sea partment of Transportation, transmitting the Department’s final rule—Drawbridge Op- Subarea [Docket No. 990304063–9063–01; I.D. the Department’s final rule—User Fees for eration Regulations; Swannee River, Florida 092899B] received October 5, 1999, pursuant to Licenses, Certificates of Registry, and Mer- [CGD07–98–054] (RIN: 2115–AE47) received Oc- 5 U.S.C. 801(a)(1)(A); to the Committee on chant Mariner Documents [USCG–1997–2799] tober 7, 1999, pursuant to 5 U.S.C. Resources. (RIN: 2115–AF49) received October 7, 1999, 801(a)(1)(A); to the Committee on Transpor- 4731. A letter from the Acting Director, Of- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. fice of Sustainable Fisheries Service, Na- mittee on Transportation and Infrastruc- 4751. A letter from the Chief, Office of Reg- tional Oceanic and Atmospheric Administra- ture. ulations and Administrative Law, USCG, De- tion, transmitting the Administration’s final 4741. A letter from the Program Analyst, partment of Transportation, transmitting rule—Fisheries Off West Coast States in the FAA, Department of Transportation, trans- the Department’s final rule—Drawbridge Op- Western Pacific; Pacific Coast Groundfish mitting the Department’s final rule—Estab- erating Regulation; Gulf Intercoastal Water- Fishery; End of the Primary Season and Re- lishment of Class E Airspace; Aniak, AK Es- way, Algiers Alternate Route, Louisiana sumption of Trip Limits for the Shoreside tablishment of Class E Airspace; St. Mary’s, [CGD08–99–057] (RIN: 2115–AE57) received Oc- Whiting Sector [Docket No. 98123133–9127–03; AK [Airspace Docket No. 99–AAL–7] received tober 7, 1999, pursuant to 5 U.S.C. I.D. 091399B] received October 5, 1999, pursu- October 7, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. on Resources. tation and Infrastructure. 4752. A letter from the Chief, Office of Reg- 4732. A letter from the Chief, Office of Reg- 4742. A letter from the Program Analyst, ulations and Administrative Law, USCG, De- ulations and Administrative Law, USCG, De- FAA, Department of Transportation, trans- partment of Transportation, transmitting partment of Transportation, transmitting mitting the Department’s final rule—Estab- the Department’s final rule—Drawbridge Op- the Department’s final rule—Rules of Prac- lishment of Class E Airspace; Kalskag, AK eration Regulation; Inner Harbor Navigation tice, Procedure, and Evidence for Adminis- [Airspcae Docket No. 99–AAL–14] received Canal, LA [CGD08–99–011] (RIN: 2115–AE47) trative Proceedings of the Coast Guard October 7, 1999, pursuant to 5 U.S.C. received October 7, 1999, pursuant to 5 U.S.C. [USCG–1998–3472] (RIN: 2115–AF59) received 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- October 7, 1999, pursuant to 5 U.S.C. tation and Infrastructure. tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 4743. A letter from the Program Analyst, 4753. A letter from the Director, Office of tation and Infrastructure. FAA, Department of Transportation, trans- Regulations Management, Veterans Health 4733. A letter from the Program Analyst, mitting the Department’s final rule—Revi- Administration, Department of Veterans Af- FAA, Department of Transportation, trans- sion of Class E Airspace; Georgetown, TX fairs, transmitting the Department’s final mitting the Department’s final rule—Amend- [Airspace Docket No. 99–ASW–18] received rule—Enrollment-Provision of Hospital and ment to Class E Airspace; Kansas City, MO October 7, 1999, pursuant to 5 U.S.C. Outpatient Care to Veterans (RIN: 2900–AJ18) [Airspace Docket No. 99–ACE–34] received 801(a)(1)(A); to the Committee on Transpor- received October 6, 1999, pursuant to 5 U.S.C. October 7, 1999, pursuant to 5 U.S.C. tation and Infrastructure. 801(a)(1)(A); to the Committee on Veterans’ 801(a)(1)(A); to the Committee on Transpor- 4744. A letter from the Program Analyst, Affairs. tation and Infrastructure. FAA, Department of Transportation, trans- 4734. A letter from the Program Analyst, mitting the Department’s final rule—Revi- 4754. A letter from the Director, Office of FAA, Department of Transportation, trans- sion of Class E Airspace; Mineral Wells, TX Regulations Management, Veterans Benefits mitting the Department’s final rule—Air- [Airspace Docket No. 99–ASW–20] received Administration, Department of Veterans Af- worthiness Directives; Eurocopter France October 7, 1999, pursuant to 5 U.S.C. fairs, transmitting the Department’s final Model SA–360C, SA–365C, C1, and C2 Heli- 801(a)(1)(A); to the Committee on Transpor- rule—Returned and Canceled Checks (RIN: copters [Docket No. 99–SW–15–AD; Amend- tation and Infrastructure. 2900–AJ61) received October 6, 1999, pursuant ment 39–11344; AD 99–21–01] (RIN: 2120–AA64) 4745. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on received October 7, 1999, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- Veterans’ Affairs. 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Revi- f tation and Infrastructure. sion of Class E Airspace; Alice, TX [Airspace 4735. A letter from the Program Analyst, Docket No. 99–ASW–23] received October 7, REPORTS OF COMMITTEES ON FAA, Department of Transportation, trans- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the PUBLIC BILLS AND RESOLUTIONS mitting the Department’s final rule—Modi- Committee on Transportation and Infra- Under clause 2 of rule XIII, reports of fication of Class E Airspace; Hayward, WI structure. committees were delivered to the Clerk [Airspace Docket No. 99–AGL–40] received 4746. A letter from the Program Analyst, October 7, 1999, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- for printing and reference to the proper 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Revi- calendar, as follows: tation and Infrastructure. sion of Class E Airspace; Falfurrias, TX [Air- Mr. MCCOLLUM: Committee on the Judici- 4736. A letter from the Program Analyst, space Docket No. 99–ASW–21] received Octo- ary H.R. 1791. A bill to amend title 18, United FAA, Department of Transportation, trans- ber 7, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); States Code, to provide penalties for harm- mitting the Department’s final rule—Modi- to the Committee on Transportation and In- ing animals used in Federal law enforce- fication of Class E Airspace; Cable Union, WI frastructure. ment; with an amendment (Rept. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9899

106–372). Referred to the Committee of the off miners in reclamation work; to the Com- H.R. 2612: Ms. KAPTUR. Whole House on the State of the Union. mittee on Resources, and in addition to the H.R. 2631: Ms. ROYBAL-ALLARD and Ms. Mr. YOUNG of Florida: Committee on Ap- Committee on Education and the Workforce, ESHOO. propriations. Report on the Revised Sub- for a period to be subsequently determined H.R. 2640: Mr. BOEHLERT. allocation of Budget Allocations for Fiscal by the Speaker, in each case for consider- H.R. 2659: Ms. EDDIE BERNICE JOHNSON of Year 2000 (Rept. 106–373). Referred to the ation of such provisions as fall within the ju- Texas and Mr. BONIOR. Committee of the Whole House on the State risdiction of the committee concerned. H.R. 2662: Mr. PAYNE and Ms. LEE. of the Union. By Mr. GILMAN: H.R. 2710: Mr. CUNNINGHAM. Mr. YOUNG of Alaska: Committee on Re- H. Con. Res. 195. Concurrent resolution H.R. 2720: Mr. WELLER, Mr. BOUCHER, and sources. H.R. 795. A bill to provide for the supporting the transition to democracy in Mr. TRAFICANT. settlement of the water rights claims of the Indonesia; to the Committee on Inter- H.R. 2733: Mr. REYES. Chippewa Cree Tribe of the Rocky Boy’s Res- national Relations. H.R. 2735: Mr. CRANE. ervation, and for other purposes; with an By Mr. EHLERS: H.R. 2741: Mr. CROWLEY. amendment (Rept. 106–374). Referred to the H. Con. Res. 196. Concurrent resolution per- H.R. 2749: Mr. SMITH of Texas and Mr. Committee of the Whole House on the State mitting the use of the rotunda of the Capitol WELDON of Florida. of the Union. for the presentation of the Congressional H.R. 2776: Mr. WYNN and Mr. MALONEY of Mrs. MYRICK: Committee on Rules. House Gold Medal to President and Mrs. Gerald R. Connecticut. Resolution 326. Resolution waiving points of Ford; to the Committee on House Adminis- H.R. 2786: Mr. TOWNS. order against the conference report to ac- tration. H.R. 2856: Mr. SMITH of New Jersey, Mr. LI- company the bill (H.R. 2561) making appro- f PINSKI, and Mr. ENGLISH. priations for the Department of Defense for H.R. 2890: Mr. THOMPSON of Mississippi and the fiscal year ending September 30, 2000, and ADDITIONAL SPONSORS Mr. CAPUANO. for other purposes (Rept. 106–375). Referred Under clause 7 of rule XII, sponsors H.R. 2892: Mr. WELDON of Pennsylvania, to the House Calendar. Mrs. LOWEY, and Mr. BARCIA. were added to public bills and resolu- Mr. DIAZ-BALART: Committee on Rules. H.R. 2909: Mr. SABO, Mr. MOAKLEY, Mr. House Resolution 327. Resolution providing tions as follows: CAPUANO, Mr. BORSKI, Mr. HOLDEN, Mrs. for consideration of the bill (H.R. 1993) to re- H.R. 269: Mr. WU. MALONEY of New York, Mr. FROST, Ms. authorize the Overseas Private Investment H.R. 303: Mr. DIAZ-BALART and Mr. PELOSI, and Mr. ROTHMAN. Corporation and the Trade and Development WEXLER. H.R. 2939: Mr. SANDERS and Mr. CONYERS. Agency, and for other purposes (Rept. 106– H.R. 306: Mr. SKELTON and Mr. BARCIA. H.R. 2986: Mr. ROYCE. 376). Referred to the House Calendar. H.R. 534: Mr. BASS. H.R. 2987: Mr. TALENT and Mr. f H.R. 566: Mr. DINGELL and Ms. PELOSI. NETHERCUTT. H.R. 745: Mr. MCGOVERN. H.R. 2999: Mr. WYNN. PUBLIC BILLS AND RESOLUTIONS H.R. 783: Mr. COMBEST and Mr. KOLBE. H.R. 3028: Mr. SALMON. Under clause 2 of rule XII, public H.R. 797: Mr. TERRY, Mr. HYDE, Mrs. H.J. Res. 46: Mr. MCHUGH, Mrs. LOWEY, and bills and resolutions were introduced CHRISTENSEN, Mr. COMBEST, Mr. WAXMAN, Mr. WEINER. and Mr. FOLEY. and severally referred, as follows: H. Con. Res. 141: Mr. PORTER, Mr. GREEN- H.R. 798: Mr. KUCINICH. WOOD, Mr. HORN, Mr. POMBO, Mr. ENGEL, Mr. By Mr. BLAGOJEVICH (for himself, H.R. 826: Ms. WOOLSEY. KILDEE, Mr. ROHRABACHER, Mr. DIXON, Mrs. Mrs. MCCARTHY of New York, Mrs. H.R. 976: Ms. NORTON and Mr. CASTLE. CLAYTON, and Mr. PASTOR. JONES of Ohio, Ms. SCHAKOWSKY, and H.R. 997: Mr. KASICH, Mr. DEAL of Georgia, H. Con. Res. 166: Mr. SAM JOHNSON of Mr. NADLER): Mr. RUSH, Mr. RILEY, Mr. GUTIERREZ, Mr. Texas. H.R. 3057. A bill to amend title 18, United PETRI, Mr. DOOLITTLE, Mr. WATKINS, and Mr. H. Res. 37: Ms. NORTON, Mrs. MINK of Ha- States Code, to prohibit gunrunning, and BAKER. waii, and Mr. FROST. provide mandatory minimum penalties for H.R. 1083: Ms. DANNER and Mr. GORDON. H. Res. 41: Mr. BARCIA, Mrs. JOHNSON of crimes related to gunrunning; to the Com- H.R. 1102: Ms. MCCARTHY of Missouri. Connecticut, Mr. MARTINEZ, and Mr. UDALL mittee on the Judiciary, and in addition to H.R. 1221: Mr. BILBRAY. of New Mexico. the Committee on Government Reform, for a H.R. 1300: Mr. THOMPSON of Mississippi and H. Res. 224: Mr. MORAN of Kansas. period to be subsequently determined by the Mr. MICA. H. Res. 238: Mr. CAMP and Mr. WOLF. Speaker, in each case for consideration of H.R. 1355: Ms. MCCARTHY of Missouri. H. Res. 269: Mr. SABO. such provisions as fall within the jurisdic- H.R. 1357: Mr. TOOMEY. H. Res. 278: Mr. WALSH, Mr. KLECZKA, Mr. tion of the committee concerned. H.R. 1363: Mr. HALL of Texas. PHELPS, and Mr. MCHUGH. By Mr. FOLEY (for himself and Mr. H.R. 1475: Mr. TOWNS. H. Res. 298: Mr. MENENDEZ, Mr. GILCHREST, ACKERMAN): H.R. 1495: Mr. COYNE. Ms. DEGETTE, Mr. ROMERO-BARCELO, Mr. H.R. 3058. A bill to amend the Immigration H.R. 1622: Mrs. CAPPS. DAVIS of Florida, Ms. WATERS, Mr. HOBSON, and Nationality Act to provide that aliens H.R. 1644: Mr. LAHOOD. Mr. LEWIS of Georgia, Mr. MEEKS of New who commit acts of torture abroad are inad- H.R. 1798: Mrs. THURMAN. York, Mrs. MALONEY of New York, and Ms. missible and removable and to establish H.R. 1816: Mr. MORAN of Virginia and Mr. PELOSI. within the Criminal Division of the Depart- LAFALCE. f ment of Justice an Office of Special Inves- H.R. 1860: Mr. STARK, Mr. ROMERO- tigations having responsibilities under that BARCELO, Mr. BONIOR, and Mr. HINOJOSA. AMENDMENTS Act with respect to all alien participants in H.R. 1887: Mr. GREEN of Wisconsin. acts of genocide and torture abroad; to the H.R. 1899: Mr. CLEMENT, Mr. SKELTON, Ms. Under clause 8 of rule XVIII, pro- Committee on the Judiciary. MCKINNEY, and Mrs. THURMAN. posed amendments were submitted as By Mr. HEFLEY: H.R. 2002: Mr. LUTHER. follows: H.R. 3059. A bill to establish a moratorium H.R. 2059: Mr. WALSH and Mr. HALL of H.R. 1993 on bottom trawling and use of other mobile Texas. OFFERED BY: MR. GEJDENSON fishing gear on the seabed in certain areas H.R. 2120: Mr. ALLEN. off the coast of the United States; to the H.R. 2200: Mr. PICKETT and Mr. GILCHREST. AMENDMENT NO. 1: Insert the following Committee on Resources. H.R. 2228: Mr. DEFAZIO and Mr. FARR of after section 4 and redesignate succeeding By Mr. MCKEON: California. sections, and references thereto, accord- H.R. 3060. A bill to prohibit mining on a H.R. 2298: Mr. GREEN of Texas and Mr. ingly. certain tract of Federal land in Los Angeles WAXMAN. SEC. 4. ENVIRONMENTAL IMPACT OF OPIC PRO- County, California, and for other purposes; H.R. 2308: Ms. DEGETTE. GRAMS. to the Committee on Resources. H.R. 2366: Mr. CANNON, Mr. CONDIT, Mr. (a) ADDITIONAL REQUIREMENTS.—Section By Mr. SMITH of Texas: VITTER, Mr. SMITH of Texas, and Mr. COM- 231A of the Foreign Assistance Act of 1961 (22 H.R. 3061. A bill to amend the Immigration BEST. U.S.C. 2191a) is amended— and Nationality Act to extend for an addi- H.R. 2418: Mr. MENENDEZ, Mr. SMITH of New (1) by redesignating subsection (b) as sub- tional 2 years the period for admission of an Jersey, Mr. ANDREWS, Mr. PASCRELL, Mr. section (c); alien as a nonimmigrant under section PAYNE, Mr. SAXTON, and Mr. HOLT. (2) by inserting after subsection (a) the fol- 101(a)(15)(S) of such Act, and to authorize ap- H.R. 2457: Mrs. MALONEY of New York. lowing new subsection: propriations for the refugee assistance pro- H.R. 2492: Mr. WEINER, Mr. CROWLEY, and ‘‘(b) ENVIRONMENTAL IMPACT.— gram under chapter 2 of title IV of the Immi- Mr. SERRANO. ‘‘(1) ENVIRONMENTAL ASSESSMENT OR gration and Nationality Act; to the Com- H.R. 2495: Ms. WOOLSEY. AUDIT.—The Board of Directors of the Cor- mittee on the Judiciary. H.R. 2528: Mr. THOMPSON of California. poration shall not vote in favor of any action By Mr. WISE: H.R. 2539: Mr. DREIER. proposed to be taken by the Corporation that H.R. 3062. A bill to provide grants to States H.R. 2543: Mr. BURR of North Carolina, Mr. is likely to have significant adverse environ- for programs for the reemployment of laid BONIOR, and Mr. LARGENT. mental impacts that are sensitive, diverse, H9900 CONGRESSIONAL RECORD — HOUSE October 12, 1999

or unprecedented, unless for at least 60 days (2) by inserting after subsection (a) the fol- ‘‘(1) ENVIRONMENTAL ASSESSMENT OR before the date of the vote— lowing new subsection: AUDIT.—The Board of Directors of the Cor- ‘‘(A) an environmental impact assessment ‘‘(b) ENVIRONMENTAL IMPACT.— poration shall not vote in favor of any action or initial environmental audit, analyzing the ‘‘(1) ENVIRONMENTAL ASSESSMENT OR proposed to be taken by the Corporation that environmental impacts of the proposed ac- AUDIT.—The Board of Directors of the Cor- is likely to have significant adverse environ- tion and of alternatives to the proposed ac- poration shall not vote in favor of any action mental impacts that are sensitive, diverse, tion has been completed by the project appli- proposed to be taken by the Corporation that or unprecedented, unless for at least 60 days cant and made available to the Board of Di- is likely to have significant adverse environ- before the date of the vote— rectors; and mental impacts that are sensitive, diverse, ‘‘(A) an environmental impact assessment ‘‘(B) such assessment or audit has been or unprecedented, unless for at least 60 days or initial environmental audit, analyzing the made available to the public of the United before the date of the vote— environmental impacts of the proposed ac- States, locally affected groups in the host ‘‘(A) an environmental impact assessment tion and of alternatives to the proposed ac- country, and host country nongovernmental or initial environmental audit, analyzing the tion has been completed by the project appli- organizations. environmental impacts of the proposed ac- cant and made available to the Board of Di- ‘‘(2) DISCUSSIONS WITH BOARD MEMBERS.— tion and of alternatives to the proposed ac- rectors; and Prior to any decision by the Corporation re- tion has been completed by the project appli- ‘‘(B) such assessment or audit has been garding insurance, reinsurance, guarantees, cant and made available to the Board of Di- made available to the public of the United or financing for any project, the President of rectors; and States, locally affected groups in the host the Corporation or the President’s designee ‘‘(B) such assessment or audit has been country, and host country nongovernmental shall meet with at least one member of the made available to the public of the United organizations. public who is representative of individuals States, locally affected groups in the host ‘‘(2) DISCUSSIONS WITH BOARD MEMBERS.— who have concerns regarding any significant country, and host country nongovernmental Prior to any decision by the Corporation re- adverse environmental impact of that organizations. garding insurance, reinsurance, guarantees, project. ‘‘(2) CONSIDERATION AT BOARD MEETINGS.— or financing for any project, a member or ‘‘(3) CONSIDERATION AT BOARD MEETINGS.— In making its decisions regarding insurance, members of the Board of Directors shall In making its decisions regarding insurance, reinsurance, guarantees, or financing for any meet with at least one member of the public reinsurance, guarantees, or financing for any project, the Board of Directors shall fully who is representative of individuals who project, the Board of Directors shall fully take into account any recommendations have concerns regarding any significant ad- take into account any recommendations made by other interested Federal agencies, verse environmental impact of that project. made by other interested Federal agencies, interested members of the public, locally af- ‘‘(3) CONSIDERATION AT BOARD MEETINGS.— interested members of the public, locally af- fected groups in the host country, and host In making its decisions regarding insurance, fected groups in the host country, and host country nongovernmental organizations reinsurance, guarantees, or financing for any country nongovernmental organizations with respect to the assessment or audit de- project, the Board of Directors shall fully with respect to the assessment or audit de- scribed in paragraph (1) or any other matter take into account any recommendations scribed in paragraph (1) or any other matter related to the environmental effects of the made by other interested Federal agencies, related to the environmental effects of the proposed support to be provided by the Cor- interested members of the public, locally af- proposed support to be provided by the Cor- poration for the project.’’; and fected groups in the host country, and host poration for the project.’’; and (3) in subsection (c), as so redesignated, by country nongovernmental organizations (3) in subsection (c), as so redesignated, by striking ‘‘each year’’ and inserting ‘‘every 6 with respect to the assessment or audit de- striking ‘‘each year’’ and inserting ‘‘every 6 months’’. scribed in paragraph (1) or any other matter months’’. (b) STUDY ON PROCESS FOR OPIC ASSIST- related to the environmental effects of the (b) STUDY ON PROCESS FOR OPIC ASSIST- ANCE.—OPIC shall review its procedures for proposed support to be provided by the Cor- ANCE.—The Inspector General of the Agency undertaking to conduct financing, insurance, poration for the project.’’; and for International Development shall review and reinsurance operations in order to deter- (3) in subsection (c), as so redesignated, by OPIC’s procedures for undertaking to con- mine whether OPIC receives sufficient infor- striking ‘‘each year’’ and inserting ‘‘every 6 duct financing, insurance, and reinsurance mation from project applicants, agencies of months’’. operations in order to determine whether the United States Government, and members (b) STUDY ON PROCESS FOR OPIC ASSIST- OPIC receives sufficient information from of the public of the United States and other ANCE.—The Inspector General of the Agency project applicants, agencies of the United countries on the environmental impact of in- for International Development shall review States Government, and members of the pub- vestments insured, reinsured, or financed by OPIC’s procedures for undertaking to con- lic of the United States and other countries OPIC. Not later than 120 days after the date duct financing, insurance, and reinsurance on the environmental impact of investments of the enactment of this Act, OPIC shall re- operations in order to determine whether insured, reinsured, or financed by OPIC. Not port to the Committee on International Re- OPIC receives sufficient information from later than 120 days after the date of the en- lations of the House of Representatives and project applicants, agencies of the United States Government, and members of the pub- actment of this Act, the Inspector General the Committee on Foreign Relations of the lic of the United States and other countries shall report to the Committee on Inter- Senate on the results of its review. The re- on the environmental impact of investments national Relations of the House of Rep- port shall include— insured, reinsured, or financed by OPIC. Not resentatives and the Committee on Foreign (1) recommendations for ways in which the later than 120 days after the date of the en- views of the public could be better reflected Relations of the Senate on the results of its actment of this Act, the Inspector General in OPIC’s procedures; review. The report shall include— shall report to the Committee on Inter- (1) recommendations for ways in which the (2) recommendations for what additional national Relations of the House of Rep- views of the public could be better reflected information should be required of project ap- resentatives and the Committee on Foreign in OPIC’s procedures; plicants; and Relations of the Senate on the results of its (2) recommendations for what additional (3) recommendations for environmental review. The report shall include— information should be required of project ap- standards that should be used by OPIC in (1) recommendations for ways in which the plicants; and conducting its financing, insurance, and re- views of the public could be better reflected (3) recommendations for environmental insurance operations. in OPIC’s procedures; standards that should be used by OPIC in (c) EFFECTIVE DATE.—The amendments (2) recommendations for what additional conducting its financing, insurance, and re- made by subsection (a) shall take effect 90 information should be required of project ap- insurance operations. days after the date of the enactment of this plicants; and (c) EFFECTIVE DATE.—The amendments Act. (3) recommendations for environmental made by subsection (a) shall take effect 90 H.R. 1993 standards that should be used by OPIC in days after the date of the enactment of this OFFERED BY: MR. GEJDENSON conducting its financing, insurance, and re- Act. AMENDMENT NO. 3: Insert the following insurance operations. H.R. 1993 after section 4 and redesignate succeeding (c) EFFECTIVE DATE.—The amendments OFFERED BY: MR. GEJDENSON sections, and references thereto, accord- made by subsection (a) shall take effect 90 AMENDMENT NO. 2: Insert the following ingly. days after the date of the enactment of this after section 4 and redesignate succeeding SEC. 4. ENVIRONMENTAL IMPACT OF OPIC PRO- Act. sections, and references thereto, accord- GRAMS. H.R. 1993 ingly. (a) ADDITIONAL REQUIREMENTS.—Section OFFERED BY: MR. GILMAN SEC. 4. ENVIRONMENTAL IMPACT OF OPIC PRO- 231A of the Foreign Assistance Act of 1961 (22 AMENDMENT NO. 4: Page 11, lines 4 and 5, GRAMS. U.S.C. 2191a) is amended— strike ‘‘minority-owned businesses, focusing (a) ADDITIONAL REQUIREMENTS.—Section (1) by redesignating subsection (b) as sub- on’’ and insert ‘‘businesses that, because of 231A of the Foreign Assistance Act of 1961 (22 section (c); their minority ownership, may have been ex- U.S.C. 2191a) is amended— (2) by inserting after subsection (a) the fol- cluded from export trade, and from’’. (1) by redesignating subsection (b) as sub- lowing new subsection: Page 11, lines 8 and 9, strike ‘‘urban-based section (c); ‘‘(b) ENVIRONMENTAL IMPACT.— and minority-owned’’ and insert ‘‘such’’. October 12, 1999 CONGRESSIONAL RECORD — HOUSE H9901 H.R. 1993 possible arrangements with foreign parties. to the public, a report with respect to those OFFERED BY: MR. ROHRABACHER However, OPIC must be aware that private countries selected by the ITA in which goods parties with legitimate claims face financial or services produced or originating in the AMENDMENT NO. 5: Page 6, add the fol- obligations that cannot be deferred indefi- United States, that would otherwise be com- lowing after line 25 and redesignate suc- nitely. ceeding sections, and references thereto, ac- petitive in those countries, do not have mar- cordingly. H.R. 1993 ket access. Each report should contain the following with respect to each such country: SEC. 5. ENVIRONMENTAL REQUIREMENTS FOR OFFERED BY: MR. TERRY (A) ASSESSMENT OF POTENTIAL MARKET AC- OPIC. AMENDMENT NO. 10: Page 6, add the fol- CESS.—An assessment of the opportunities Section 239(g) of the Foreign Assistance lowing after line 25, and redesignate suc- that would, but for the lack of market ac- Act of 1961 (21 U.S.C. 2199(g)) is amended— ceeding sections, and references thereto, ac- cess, be available in the market in that (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and cordingly: country, for goods and services produced or (2) by adding at the end the following: SEC. 5. CLAIMS SETTLEMENT REQUIREMENTS originating in the United States in those sec- ‘‘(2) The Corporation shall not issue any FOR OPIC. contract of insurance or reinsurance, or any tors selected by the ITA. In making such as- (a) TIME PERIODS FOR RESOLVING CLAIMS.— sessment, the ITA should consider the com- guaranty, or enter into any agreement to Section 237(i) of the Foreign Assistance Act provide financing for any Category A invest- petitive position of such goods and services of 1961 (22 U.S.C. 2197(i)) is amended— in similarly developed markets in other ment fund project as defined by the Corpora- (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and tion’s environmental handbook, or com- countries. Such assessment should specify (2) by adding at the end the following: the time periods within which such market parable project, unless all relevant environ- ‘‘(2) The Corporation shall resolve each mental impact statements and assessments access opportunities should reasonably be claim arising as a result of insurance, rein- expected to be obtained. and initial environmental audits with re- surance, or guaranty operations under this (B) CRITERIA FOR MEASURING MARKET AC- spect to the project are made available for a title or under predecessor guaranty author- CESS.—Objective criteria for measuring the public comment period of not less than 60 to ity within 90 days after the claim is filed, ex- 120 days.’’. extent to which those market access oppor- cept that the Corporation may request spe- tunities described in subparagraph (A) have H.R. 1993 cific supplemental information on the claim been obtained. The development of such ob- OFFERED BY: MR. ROHRABACHER before the expiration of that 90-day period, jective criteria may include the use of in- and in that case may extend the 90-day pe- AMENDMENT NO. 6: Page 6, add the fol- terim objective criteria to measure results riod for an additional 60 days after receipt of lowing after line 25 and redesignate suc- on a periodic basis, as appropriate. such information. ceeding sections, and references thereto, ac- (C) COMPLIANCE WITH TRADE AGREEMENTS.— ‘‘(3) The Corporation shall pay interest at cordingly. An assessment of whether, and to what ex- the prime rate on any claim for each day tent, the country concerned has materially SEC. 5. PROHIBITION ON OPIC FUNDING FOR after the end of the applicable time period FOREIGN MANUFACTURING ENTER- complied with existing trade agreements be- PRISES. specified in paragraph (2) for settlement of tween the United States and that country. Section 231 of the Foreign Assistance Act the claim.’’. Such assessment should include specific in- of 1961 (21 U.S.C. 2191) is amended by adding H.R. 1993 formation on the extent to which United at the end the following flush sentence: OFFERED BY: MR. TERRY States suppliers have achieved additional ac- cess to the market in the country concerned ‘‘In addition, the Corporation shall decline AMENDMENT NO. 11: Page 6, add the fol- to issue any contract of insurance or reinsur- lowing after line 25, and redesignate suc- and the extent to which that country has ance, or any guaranty, or to enter into any ceeding sections, and references thereto, ac- complied with other commitments under agreement to provide financing for an eligi- cordingly: such agreements and understandings. ble investor’s investment if the investment (D) ACTIONS TAKEN BY ITA.—An identifica- SEC. 5. RESTRICTION ON CONTACTS RELATING tion of steps taken by the ITA on behalf of is to be made in any manufacturing enter- TO OPIC CLAIMS SETTLEMENTS. prises in a foreign country.’’. United States companies affected by the (a) PUBLICATION OF FEDERAL AGENCY INTER- lack of market access in that country. H.R. 1993 VENTIONS.—Section 237(i) of the Foreign As- (2) SELECTION OF COUNTRIES AND SECTORS.— OFFERED BY: MR. SANFORD sistance Act of 1961 (22 U.S.C. 2197(i)) is (A) IN GENERAL.—In selecting countries and amended— AMENDMENT NO. 7: Page 6, line 23, strike sectors that are to be the subject of a report (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and ‘‘Section’’ and insert ‘‘(a) IN GENERAL.—Sec- under paragraph (1), the ITA should give pri- (2) by adding at the end the following: tion’’. ority to— ‘‘(2) No other department or agency of the Page 6, line 25, strike ‘‘2003’’ and insert (i) any country with which the United United States, or officer or employee there- ‘‘2000’’. States has a trade deficit if access to the of, may intervene in any pending settlement Page 6, add the following after line 25: markets in that country is likely to have determination on any claim arising as a re- (b) OVERSIGHT HEARINGS.—Prior to consid- significant potential to increase exports of sult of insurance, reinsurance, or guaranty ering legislation to authorize issuing author- United States goods and services; and operations under this title or under prede- ity for OPIC’s insurance and financing pro- (ii) any country, and sectors therein, in cessor guaranty authority unless such inter- grams for any fiscal year after fiscal year which access to the markets will result in vention is published in the Federal Register. 2000, the Committee on International Rela- significant employment benefits for pro- ‘‘(3) The Corporation shall report to the tions of the House of Representatives shall ducers of United States goods and services. conduct an oversight hearing on the compli- Congress on any intervention, by any other The ITA should also give priority to sectors ance by OPIC with laws, treaties, agree- department or agency of the United States, which represent critical technologies, in- ments, general policies, and obligations to or officer or employee thereof, regarding the cluding those identified by the National Crit- which OPIC is subject in the implementation timing or settlement of any claim arising as ical Technologies Panel under section 603 of of its programs. a result of insurance, reinsurance, or guar- anty operations under this title or under the National Science and Technology Policy, H.R. 1993 predecessor guaranty authority. The report Organization, and Priorities Act of 1976 (42 OFFERED BY: MR. SANFORD shall be submitted within 30 days after the U.S.C. 6683). AMENDMENT NO. 8: Page 6, line 25, strike intervention is made.’’. (B) FIRST REPORT.—The first report sub- mitted under paragraph (1) should include ‘‘2003’’ and insert ‘‘2000’’. H.R. 1993 those countries with which the United H.R. 1993 OFFERED BY: MR. TRAFICANT States has a substantial portion of its trade OFFERED BY: MR. TERRY AMENDMENT NO. 12: Page 10, strike line 13 deficit. AMENDMENT NO. 9: Page 6, insert the fol- and all that follows through line 24 and in- (C) TRADE SURPLUS COUNTRIES.—The ITA lowing after line 21: sert the following: may include in reports after the first report (9) OPIC must address concerns that it (d) REPORTS ON MARKET ACCESS.— such countries as the ITA considers appro- does not promptly dispose of legitimate (1) ANNUAL REPORTS.—Not later than 90 priate with which the United States has a claims brought with respect to projects in- days after the date of the enactment of this trade surplus but which are otherwise de- sured or guaranteed by OPIC. The Congress Act, and annually thereafter, the ITA should scribed in paragraph (1) and subparagraph understands the desire of OPIC to explore all submit to the Congress, and make available (A) of this paragraph.