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

Vol. 145 WASHINGTON, THURSDAY, MARCH 18, 1999 No. 43 House of Representatives The House met at noon. MESSAGE FROM THE SENATE and was losing a lot of blood from bites Father Martin G. Heinz, Director of A message from the Senate by Mr. on his arms and head. Richard grabbed Vocations, Diocese of Rockford, Rock- Lundregan, one of its clerks, an- a stick and started hitting the ford, Illinois, offered the following nounced that the Senate had passed Rottweiler. Afterwards, Robert Jones, the victim prayer: with an amendment in which the con- of the dog’s attack, said this about his Almighty Father, Creator of all currence of the House is requested, a scary experience: ‘‘That dog was just things, we admire the work of Your bill of the House of the following title: hands and Your power in the world. We putting the finishing touches on me H.R. 99. An act to amend title 49, United beg Your blessings as we raise our when Richard Cardwell came along. If States Code, to extend Federal Aviation Ad- it hadn’t been for him, I’d have been a minds and hearts to You at the begin- ministration programs through September ning of this congressional day. We ask 30, 1999, and for other purposes. goner.’’ Your guidance on all that we shall do Richard is a brave guy. He risked his The message also announced that the own life for another’s. That huge dog and say over the resolutions passed and Senate had passed bills of the following the conversations that bring us to our could have gone for his throat. And titles, in which the concurrence of the while saving a life may be the first for decisions. In all this, may we give House is requested: honor and glory to You. You who pro- Richard, it is not the first time he has S. 257. An act entitled ‘‘The Cochran- tect our land, You who protect our peo- come to the rescue. In fact, he once Inouye National Missile Defense Act of 1999’’. made a house call on a Christmas day ple. Through this country’s laws may S. 643. An act to authorize the Airport Im- its citizens grow in character and de- to save my frozen house. provement Program for 2 months, and for Mr. Speaker, we need more good velop with dignity. May we grow in fi- other purposes. neighbors like Richard Cardwell. delity to Your wisdom so that this The message also announced that pursuant f country may grow in the knowledge of to Public Law 83–420, as amended by Public Your love. Inspire our work in such a Law 99–371, the Chair, on behalf of the Vice INTRODUCTION OF RESOLUTION way that we never lose sight of our ul- President, reappoints the Senator from Ari- TO LOCATE AND SECURE RE- timate goal, the people of this country, zona (Mr. MCCAIN) to the Board of Trustees TURN OF ZACHARY BAUMEL of Gallaudet University. strengthened through You, because of (Mr. LANTOS asked and was given f the laws we pass. We ask this through permission to address the House for 1 Christ our Lord. Amen. ANNOUNCEMENT BY THE SPEAKER minute and to revise and extend his re- f The SPEAKER. The Chair will enter- marks.) Mr. LANTOS. Mr. Speaker, events tain five 1-minutes on each side. THE JOURNAL are moving so fast that there is always f The SPEAKER. The Chair has exam- a danger we will forget about our citi- ined the Journal of the last day’s pro- TRIBUTE TO RICHARD CARDWELL zens who are missing in action. There ceedings and announces to the House is one such American citizen missing in (Mr. GANSKE asked and was given action in the Middle East for the last his approval thereof. permission to address the House for 1 Pursuant to clause 1, rule I, the Jour- 17 years. minute and to revise and extend his re- A large group of my colleagues across nal stands approved. marks.) the political spectrum join me in intro- f Mr. GANSKE. Mr. Speaker, Richard ducing this resolution calling on the Cardwell from Des Moines, Iowa, is a Department of State to locate and se- PLEDGE OF ALLEGIANCE hero. Richard, a retired plumber, is a cure the return of this American cit- The SPEAKER. Will the gentleman wiry, muscular man from a lifetime of izen, Zachary Baumel. We are asking from California (Mr. LANTOS) come for- tugging on stubborn pipes. In his work the State Department to contact all ward and lead the House in the Pledge he has been bitten many times by ani- governments concerned, and we are of Allegiance. mals but he did not hesitate when he asking the Department of State to Mr. LANTOS led the Pledge of Alle- saw a dog mauling a man on the take into account the actions of all giance as follows: ground. governments with respect to this issue I pledge allegiance to the Flag of the There was blood everywhere when in extending economic and other aids United States of America, and to the Repub- Richard jumped out of his car. The to countries in the region. lic for which it stands, one nation under God, man on the ground was protecting his I ask all of my colleagues to cospon- indivisible, with liberty and justice for all. neck from the vicious jaws of the dog sor this legislation to bring this lost

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.

H1409

. H1410 CONGRESSIONAL RECORD — HOUSE March 18, 1999 American, missing in action, back to for 1 minute and to revise and extend the House for 1 minute and to revise his family. his remarks.) and extend her remarks.) f Mr. RYUN of Kansas. Mr. Speaker, I Ms. JACKSON-LEE of Texas. Mr. would like to offer an example of the Speaker, I rise again this morning to VOTE ‘‘YES’’ ON H.R. 4 United States Armed Forces contin- really encourage the House to move (Mr. GIBBONS asked and was given ually being asked to do more with less. quickly to pass legislation to make il- permission to address the House for 1 Within the district I represent, the legal GHB. I have a bill, the Hillory J. minute and to revise and extend his re- Second District of the great State of Farias Date Rape Drug Prevention Act, marks.) Kansas, resides the 190th Air Refueling H.R. 75, that I urge my colleagues to Mr. GIBBONS. Mr. Speaker, three Wing of the Kansas Air National support. out of four Americans, 75 percent, be- Guard. This wing is responsible for a But I rise this morning to tell my lieve the United States already pos- variety of support operations around colleagues the story of a young man by sesses the ability to defend itself from the world. In the past year, under the the name of Steve Brown from Illinois a missile attack. I think it is only fair stress of continued deployment, the who overdosed on this dangerous drug to inform them that we cannot. Here in wing has sent personnel and aircraft to back in September of 1998. He almost America we may have little or no Iceland, to Germany, to France, to lost his life because the police, the warning of a ballistic missile attack Turkey, and to Alaska as well. paramedics, nor the emergency room that is launched just offshore by some However, Mr. Speaker, the newest doctors were aware of the harmful ef- terrorist or rogue nation. KC–135 aircraft used by the 190th was fects of GHB. Speaking of rogue nations, North built in 1963. 1963. The oldest aircraft Mr. Brown was a body builder who Korea, Iraq and Iran have all improved was built in 1956. The President’s budg- had used GHB as a recreational drug and accelerated their ballistic missile et forces the wing to use that aircraft for years. Unfortunately, on that day programs to threaten the U.S. and its until 2040. That would make the exist- in September, he took a dosage of the allies. China already has numerous ing aircraft nearly 80 years old. drug that proved to be almost fatal. He long-range missiles aimed at U.S. cit- Mr. Speaker, would my colleagues be was found by his sister, Diane Brown, ies, all using stolen U.S. technology. comfortable flying into a military con- unconscious and unresponsive. When There is no doubt that the threat is frontation in an 80-year-old aircraft? I she called the paramedics she told real. What is in doubt is whether Con- doubt that we would. So we must not them about his history with GHB, be- gress has the commitment to deploy a ask our young pilots to go into combat cause they had no knowledge of what national missile defense system to en- in an aircraft that would be considered he had ingested. gage and counter this threat. antique in any other area. She also had to inform the emergency room Our path is clear, we must be com- We must increase defense spending to doctors of the drug. mitted and we must do our duty to de- give our military personnel the equip- Steve was unconscious for five hours. While fend America. I urge my colleagues to ment they need to remain the world’s in this state, his sister called her parents to tell support this effort. Vote ‘‘yes’’ on H.R. premier military force. them that they needed to travel to Illinois. His 4, and let us provide the safety for our f mother, unsure of what condition her son would be in when she arrived later said, ``I had Nation, for our communities, for our U.S. VULNERABLE TO BALLISTIC to pack a dress for my only son's funeral.'' homes, for our families and giving MISSILE ATTACK America the capability to defend our- Thank goodness her son survived this ordeal. selves from a ballistic missile attack. (Mr. SCHAFFER asked and was given This near-tragedy should be a lesson to all permission to address the House for 1 of us about the dangers of GHB. Unless it is f minute and to revise and extend his re- scheduled under the Controlled Substances MILOSEVIC SHOULD BE AR- marks.) Act soon, we may hear about more stories of RESTED, NOT NEGOTIATED WITH Mr. SCHAFFER. Mr. Speaker, there young people who died unnecessarily because is a common saying in conservative we did not act. (Mr. TRAFICANT asked and was circles about how people tend to start I would like to thank Ms. Diane Brown for given permission to address the House out in life as a liberal, and end up con- calling my office to share her story. I know for 1 minute and to revise and extend servative having lived for a while. It is that this experience has been painful for her his remarks.) called being mugged by reality. family, but I am grateful that she felt com- Mr. TRAFICANT. Mr. Speaker, the Well, it appears America has finally pelled to speak out against GHB. I wish her killing in Kosovo goes on. Ethnic Alba- been mugged by reality on the issue of family the best as they try to work through this nians continue to be slaughtered in missile defense. Just last summer the situation. cold blood. Despite all of this, Congress Clinton administration insisted over I ask my colleagues to support my bill so continues to believe that a deal can be and over again that a national missile that we can assure Ms. Brown and her family made with this madman Milosevic. defense system was not needed. We that we do not want this drug to hurt another Beam me up, Mr. Speaker. Uncle Sam were assured that rogue nations were person. I want to send a message to those should not be leading efforts to nego- many years away from developing a who would argue that this drug is safe, that it tiate with Milosevic. Uncle Sam should ballistic missile threat that could is not and that it can be deadly. be leading efforts to arrest Milosevic reach our shores. Woops! Mr. Speaker, this drug is being man- for genocide and for war crimes. In a stunning turnaround, the White ufactured by the bathtub loads. It is on Let me tell this to my colleagues. A House has suddenly adopted the Repub- the internet. We must hold hearings. CIA report said 10 years ago that if lican view that the United States is in- And I am delighted with the interest of Kosovo is not granted independence, deed vulnerable to ballistic missile at- my colleagues on the Committee on there will be death all over, including tack. Rogue nations such as Iran, Iraq, Commerce and the Committee on the America someday. Uncle Sam should North Korea, and Communist China Judiciary to work together to stop the support independence for Kosovo and have missile capabilities which far ex- killing and the overdose of this dan- NATO should enforce it. ceed the administration’s earlier esti- gerous unknown drug that has no taste I yield back all the deals Milosevic mates. and no smell that our young people are has broken, and I yield back all those Upon pulling its head up out of the using. Mr. Speaker, let us get to work. dead bodies that continue to be piled sand, the administration has now been f up, executed in cold blood. mugged by reality. The only question OPPOSITION TO DEPLOYMENT OF f now remains, did it happen soon MISSILE DEFENSE SYSTEM HAS enough? U.S. ARMED FORCES CONTIN- BEEN A MISTAKE f UALLY ASKED TO DO MORE (Mr. HILL of Montana asked and was WITH LESS DANGERS OF GHB given permission to address the House (Mr. RYUN of Kansas asked and was (Ms. JACKSON-LEE of Texas asked for 1 minute and to revise and extend given permission to address the House and was given permission to address his remarks.) March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1411 Mr. HILL of Montana. Mr. Speaker, b 1215 Indeed, President Reagan’s policy of it is increasingly obvious that those DECLARATION OF POLICY OF THE peace through strength was the begin- who have obstructed the deployment of UNITED STATES CONCERNING ning of the end of the Cold War and es- a missile defense system have seriously NATIONAL MISSILE DEFENSE tablished the United States as the miscalculated the risks to our Nation. DEPLOYMENT world’s only remaining superpower. But the end of the Cold War did not Hostile, often referred to as rogue, Mr. REYNOLDS. Mr. Speaker, by di- nations now possess the technology to bring about the end of a lasting threat rection of the Committee on Rules, I to our Nation’s security and our peo- threaten our neighborhoods and our call up House Resolution 120 and ask ple’s safety, which is why I rise today cities and our towns with advanced for its immediate consideration. in support of the rule and the under- weapons and advanced delivery sys- The Clerk read the resolution, as fol- lying bill, H.R. 4, which will establish a tems. lows: national missile defense system. Yesterday, we saw a shift. Senate H. RES. 120 Mr. Speaker, my colleagues, ‘‘eternal Democrats, who had previously ob- Resolved, That upon the adoption of this vigilance,’’ wrote Jefferson, ‘‘is the structed a missile defense system, have resolution it shall be in order to consider in price of liberty.’’ Yet our current na- now finally seen the light and have the House the bill (H.R. 4) to declare it to be tional missile defense has neither the come to their senses recognizing that the policy of the United States to deploy a ability nor the technology to ensure risk. I welcome their belated support, I national missile defense. The bill shall be that either our safety or our liberty is only pray that it is not too late. considered as read for amendment. The pre- held in the United States. vious question shall be considered as ordered Even as we sit at the dawn of the Our first and foremost duty to our on the bill to final passage without inter- constituents is a strong national de- vening motion except: (1) two hours of de- next century, the United States could fense. Let us hope that those in this bate equally divided and controlled by the not defend itself against even a single House who have obstructed a national chairman and ranking minority member of incoming ballistic missile. defense system will join their Senate the Committee on Armed Services; and (2) Mr. Speaker, that fact bears repeat- ing. Our current national defense could colleagues and come to their senses one motion to recommit. SEC. 2. Upon receipt of a message from the not shoot down even one incoming too, recognizing that we must fulfill Senate transmitting H.R. 4 with Senate ballistic missile let alone the thou- our constitutional duty to defend the amendments thereto, it shall be in order to sands that stand ready to point toward Nation. consider in the House a motion offered by our Nation’s borders. the chairman of the Committee on Armed According to the Rumsfeld Commis- f Services or his designee that the House dis- sion, the threat to America and her agree to the Senate amendments and request or agree to a conference with the Senate people from a ballistic missile attack SUNDRY MESSAGES FROM THE thereon. is not only very real but even greater PRESIDENT The SPEAKER pro tempore (Mr. than once expected. Besides thousands of nuclear warheads on ballistic mis- HANSEN). The gentleman from New Sundry messages in writing from the siles maintained by Russia, China has York (Mr. REYNOLDS) is recognized for President of the United States were more than a dozen long-range ballistic 1 hour. communicated to the House by Mr. missiles targeted at the United States, Mr. REYNOLDS. Mr. Speaker, for the Sherman Williams, one of his secre- and countries like North Korea and purpose of debate only, I yield the cus- taries. Iran are developing ballistic missile tomary 30 minutes to the distinguished technology and capability much more gentleman from Massachusetts (Mr. f rapidly than once believed. MOAKLEY) pending which I yield myself Another astonishing fact is that the such time as I may consume. During ANNOUNCEMENT REGARDING overwhelming majority of the Amer- consideration of this resolution, all AMENDMENT PROCESS FOR ican people, some 73 percent, is un- time yielded is for the purpose of de- BUDGET RESOLUTION FOR FIS- aware of the threat to their country, bate only. CAL YEAR 2000 their homes, and their families. They Yesterday, the Committee on Rules believe we already have the technology Mr. REYNOLDS. Mr. Speaker, the met and granted a closed rule for H.R. to knock down and defeat a ballistic Committee on Rules is planning to 4, the National Missile Defense bill. missile attack. We do not. meet the week of March 22 to grant a The rule provides for 2 hours of debate The American people are entitled to rule which will limit the amendment equally divided and controlled by the know the truth, just as they are enti- process for floor consideration of the chairman and the ranking minority tled to us doing something about it to budget resolution for fiscal year 2000. member of the Committee on Armed ensure their safety and their lives. The Committee on the Budget ordered Services. They are also entitled to know the the budget resolution reported last The rule provides for one motion to facts about the cost of a national mis- night and is expected to file its com- recommit with or without instructions. sile defense. And the facts are that the mittee report sometime over the next Finally, the rule provides that it will current national missile defense plans few days. be in order, upon receipt of a message account for one-half of 1 percent of an- Any Member wishing to offer an from the Senate transmitting H.R. 4, ticipated defense spending from fiscal amendment should submit 55 copies with Senate amendments, to consider year 2000 through 2005 and less than 2 and a brief explanation of the amend- in the House a motion offered by the percent of the Department of Defense’s ment to the Committee on Rules in chairman of the Committee on Armed entire modernization budget during room H–312 of the Capitol by 4 p.m. on Services or his designee that the House these years. Tuesday, March 23. disagree to the Senate amendments The threat of a ballistic missile at- and request or agree to a conference tack is real, as real as our resolve must As it has done in recent years, the with the Senate. be to protect all Americans by deploy- Committee on Rules strongly suggests Mr. Speaker, H.R. 4 is a simple, one- ing a national missile defense. that Members wishing to offer amend- sentence bill declaring that it is the Mr. Speaker, my colleagues, Presi- ments offer complete substitute policy of the United States to deploy a dent Reagan taught us that we could be amendments. national missile defense. During re- victorious against the Cold War threat Members should also use the Office of marks at the U.S. Military Academy at of nuclear annihilation by adopting a Legislative Counsel and the Congres- West Point in my home State of New policy of peace through strength. Now sional Budget Office to ensure that York, President Ronald Reagan said we must be victorious against the their amendments are properly drafted that ‘‘a truly successful army is one threat of a ballistic missile attack by and scored, and should check with the that, because of its strength and abil- adopting a policy of peace through se- Office of the Parliamentarian to be cer- ity and dedication, will not be called curity, the security that a national tain their amendments comply with upon to fight, for no one will dare pro- missile defense will provide our coun- the rules of the House. voke it.’’ try and our citizens. H1412 CONGRESSIONAL RECORD — HOUSE March 18, 1999 I would like to commend the Com- a peace pipe. All we have to do is be intelligence so we can have as full a mittee on Armed Services chairman, fair about the rules and allow the picture as possible about the threats the gentleman from South Carolina Democrats to participate on the floor. we face as we develop policies to pro- (Mr. SPENCE) and the gentleman from Mr. Speaker, I see little evidence of tect ourselves. We need not only to Pennsylvania (Mr. WELDON), chairman that on this rule, and I urge my mem- know about the missiles but also about of the Subcommittee on Military Re- bers to defeat this unfair, closed rule so the plans and the intentions of the search and Development, for their hard that we can have an open debate on the Saddam Husseins and Khadafis, work on this very important measure. entire issue. Khomenis and Kim Jong Ils of the I urge my colleagues to support this Mr. Speaker, I reserve the balance of world today. rule and to support the underlying leg- my time. Some might say that since the Cuban islation. Mr. REYNOLDS. Mr. Speaker, I yield missile crisis we have not focused Mr. Speaker, I reserve the balance of myself such time as I may consume. enough on these threats in recent my time. Mr. Speaker, I would remind the years, perhaps because the policy- Mr. MOAKLEY. Mr. Speaker, I yield ranking member that yesterday the makers did not want to see the dan- myself such time as I may consume. gentleman from California (Mr. gers. But, Mr. Speaker, our intelligence Mr. Speaker, I thank my colleague DREIER) outlined that there would be says unequivocally that the threat is the gentleman from New York (Mr. more than ample debate in the hour real, growing, and much more imme- REYNOLDS) for yielding me the cus- that we have on the rule now, in the diate than some had thought. So I tomary half-hour. two hours of debate, and the hour on strongly believe we must commit our- Mr. Speaker, I rise in opposition to consideration of the conference resolu- selves to putting in place a missile de- this closed rule. The Committee on tion. fense program as soon as practical. Rules has reported a series of bills to Mr. Speaker, I yield 3 minutes to the Mr. Speaker, H.R. 4 is a deceptively the floor under open rules in the last gentleman from Florida (Mr. GOSS). simple bill. Its entirety is only one sen- couple of months. But if the truth be (Mr. GOSS asked and was given per- tence. But the 15 words that comprise told, Mr. Speaker, those bills could mission to revise and extend his re- the operative text of H.R. 4 speak vol- have been considered under the suspen- marks.) umes to the entire planet that we will sion of the rules and did not really Mr. GOSS. Mr. Speaker, I thank my not shy away from the tough challenge have to come to the floor at all. friend from New York, a new member of making America and her people safe Now, when the House is about to con- of our committee and a valued member from a missile attack. sider legislation that is of paramount of our committee, for yielding me this Support this rule and vote for H.R. 4 importance to every man, woman, and time. and do America a favor. child in the country, the Republican Today we embark on a crucial debate Mr. MOAKLEY. Mr. Speaker, I yield party has reported out a closed rule. directly relevant to the lives of all 11⁄2 minutes to the gentleman from What we heard earlier today during American men, women, and especially Ohio (Mr. KUCINICH). our closed session reinforces the sig- our children. I would argue that the (Mr. KUCINICH asked and was given nificance of this issue. Yet we are being Congress of the United States has no permission to revise and extend his re- asked to consider it under a closed more significant duty than to ensure marks.) rule. For this reason, Mr. Speaker, I the greatest level of protection for our Mr. KUCINICH. Mr. Speaker, the cannot support this rule. national security. American people may be surprised to Mr. Speaker, the Republican major- With the dawn of the next century know that although we have not de- ity refuses to allow even one amend- just a few short months away, we face clared it our policy to do so, we have ment on this bill. We asked for an addi- a future that is bright with oppor- already spent $120 billion of taxpayers’ tional hour of debate on the bill but tunity and promise, some of which we money for a nuclear umbrella which that was not allowed. What is at stake are realizing today, but a future that is does not exist for a threat which has here, Mr. Speaker, is the future and also vulnerable to attack, including never materialized. well-being of this Nation. Yet my Re- specifically missile attack, by those I propose that we can save the tax- publican colleagues do not want to who would do us harm. payers at least another $120 billion by take the time to fully debate and air And let us be clear. Those who would announcing to the world that we al- this issue. do us harm inhabit many quarters of ready have a nuclear umbrella. Who is I cannot support this closed process, this ever-shrinking world. Many are ac- going to know the difference? Latter- and I strongly urge every Member of tively seeking to develop and deploy day Dr. Strangeloves are running this body who supports the democratic the technology to provide themselves a around the Capitol today saying the ideals of free and open debate to oppose ballistic missile capability to use sky is falling and we ought to buy a net this closed and unfair rule. against the United States of America. to catch it. Save the taxpayers money. The ranking minority member of the We do not pursue this debate today Here is a prototype nuclear umbrella. Committee on Armed Services yester- to scare people, but rather to engage This has about as much of a chance of day indicated that, while he is opposed them in an open-eyed assessment of the repelling raindrops as the real thing to the amendment that was proposed world as it is. We all might wish to be- would have in stopping nuclear mis- by the gentleman from Maine (Mr. lieve President Clinton’s pronounce- siles if scientific evidence is to be be- lieved. Now, if we buy into the fear ALLEN), he felt that the amendment ment that no American child is cur- should be considered by the House. The rently being targeted by a missile, but mongering, what is next? Duck-and- Allen amendment seeks to clarify that that is unfortunately not exactly a cover drills? Loyalty pledges? Red any national missile defense system true statement. scare number 2? The second Cold War? We have already proven that we can must be proven to work before it is de- Sadly, the 1964 election year Johnson leave the post-Cold War world in peace ployed and that any deployment deci- campaign ad of a little girl playing in not through preparing for war but sion must be weighed against other a field of flowers backdropped by an through dedicated nuclear non- military as well as civilian priorities. atomic cloud is still vivid and still a proliferation. Allowing the House to consider an sickening possibility in today’s world. amendment like the Allen proposal is Beyond the state of affairs today, there b 1230 really not too much to ask, Mr. Speak- is also the reality that the world’s bad Let us work for peace and let us be er. Yet my Republican colleagues seem guys are moving quickly and with the brave and strong and true in defense of to think that allowing an alternative sense of purpose toward a tomorrow democratic values here at home and to their proposal to be heard on the when they can wreak havoc and cause around the world. floor is indeed too much to ask. damage with weapons of mass destruc- Vote against the rule and vote Mr. Speaker, if the Republican Party tion or mass casualty targeted against against H.R. 4. is really interested in changing the at- Americans and our interests. Mr. REYNOLDS. Mr. Speaker, I yield mosphere in this House, we do not have I have always advocated investment 1 minute to the gentleman from Penn- to go up to a mountainside and smoke in the eyes and ears capabilities of U.S. sylvania (Mr. WELDON). March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1413 Mr. WELDON of Pennsylvania. Mr. from Pennsylvania who spoke that this The gentleman from New York who Speaker, I thank the gentleman for debate should not be trivialized. That is presiding for the majority pointed yielding me this time. is why I deplore seriously the refusal of out to the gentleman from Massachu- This debate today is going to be a se- the Republican leadership to make this setts, he quoted the gentleman from rious debate. I think we ought to set open to amendment. California, there are going to be 4 the tone early. I reject as a Member of Yes, this is a serious subject and it whole hours of debate. The gentleman’s this Congress trivializing this issue ought to be given full discussion and generosity is unbounded. We can de- with an umbrella, because 28 young not trivialized. But what trivializes bate it. But no amendments are in Americans 8 years ago came home in this more than the arrogant refusal to order. So I guess I congratulate the body bags because we had no system to allow any amendment? The question is majority for not having abrogated the defend against. And to say that some- not simply a missile defense or not but first amendment to the Constitution. how an umbrella with nothing there is what sort? Under what circumstances? They will let us talk. But where are the way we are going to discuss this With what tradeoffs? With what infor- the amendments? Where is the legisla- issue is absolutely disgusting to me be- mation? tive process? No, it should not be cause half of those young men and The Republican leadership ran for of- trivialized. women came from my State. It is not a fice to take over the House a few years By the way, this whole bill, so-called, joke to hold an umbrella up with noth- ago with a long list of ways in which as the gentleman from Florida said, it ing there and say this is what we are they were going to be better, more is a one-sentence bill. This one-sen- doing. democratic. What we have seen since is tence bill in and of itself it seems to We have no defense today against a systematic striptease in which the me is of some dubious value, but even any missile system. It is a national pri- Republicans have systematically dis- if it is simply a statement of policy, if ority that this Congress needs to ad- carded every pretense to ethical superi- that is considered important, why can dress. And to trivialize this debate as ority in running the House. Term lim- we not debate what the impact would has been done in this body for 30 years its was, of course, one of the first to go be on other forms of arms reduction has got to come to an end. I think we as a serious effort. But now we have a treaties? Why can we not debate what should treat this debate with more sin- pattern. We saw it last year when we the opportunity costs are in other cerity and dignity than that. debated impeachment. We see it now funding? Why can we not debate wheth- Mr. MOAKLEY. Mr. Speaker, I yield that we are debating a missile defense. er or not we should do more of a study 2 minutes to the gentleman from Ohio The more important the subject, the about technical feasibility? (Mr. TRAFICANT). less there will be democratic debate on Are we talking about protecting (Mr. TRAFICANT asked and was the issue. every inch of the United States? Well, given permission to revise and extend As the ranking member of the Com- how much is that going to cost? How his remarks.) mittee on Rules pointed out, on non- feasible is it? What are the chances Mr. TRAFICANT. Mr. Speaker, even controversial measures of little signifi- that money spent there will be success- though I have opposed it in the past, I cance, the Republicans are willing to ful as opposed to money spent in fight- will vote for a missile defense system give us open rules. They would un- ing disease, in fighting crime, in fight- today. The first reason is the Russian doubtedly be willing to give away ice ing in other theaters with conventional spy who defected to America warned us in February—in Alaska—but when it research? that China is determined to destroy comes to fundamental issues of great North Korea is a threat. We have America. Since then, China has stolen importance, political advantage and ground troops in North Korea who are our military secrets and China has mis- partisan maneuvering displaces com- at risk. Would this money be better siles aimed at America. Russia has mitment to democratic ideals. spent in beefing up a conventional ca- missiles that could reach America. The gentleman from Maine has a pability? Those are all significant sub- North Korea has missiles that can thoughtful alternative to the Repub- jects, none of which can be part of this reach America. India, Pakistan, Iran, lican proposal. It will be able to be debate. I take it back. They can be part all have nuclear capability. brought up in the recommittal, because of the debate. I do not mean to be un- But the main reason for my vote here they have not yet figured out a way to gracious. The gentleman from New today is very simple: Our misdirected snuff that one out, but there might York has kindly allowed us to talk foreign policy. It is so misdirected that have been other amendments. The re- about them. But an amendment to af- if you threw it at the ground, it would committal, you only get one. There fect the bill, an effort to write them miss. might have been other variations. into policy, no, the Republicans will Check this out. Most-favored-nation There are a number of important not have that, because it would spoil trade status for China is debated on issues here. One is, what are the costs the partisan nature of this event. economic merits. Beam me up. With a of this? Yes, there are people who are The question is not simply yes or no $70 billion trade surplus, China is buy- worried about a threat from missiles on missile defense. That is wholly un- ing nuclear attack submarines and from overseas. There are 75-year-olds intelligent. The question is what kind missiles with our money and has them worried because they cannot afford to of missile defense? Under what cir- aimed at American cities. How stupid pay for the medicine that would keep cumstances? Is it feasible? At what can you be, Congress? How stupid can them alive. There are people who live cost? The Republicans quite carefully we be? in neighborhoods who are afraid they made sure that none of those could be I have no choice today. I do not be- do not have enough police protection; the subject of an amendment. Because lieve Congress has a choice. These poli- people who are afraid of unsafe trans- what they want out of this, apparently, cies have placed America in great dan- portation; people who are threatened is a political statement, not a genuine ger and these policies have placed my by environmental hazards. We are oper- democratic debate. constituents, my neighbors, my family, ating in an era of limited resources. By the way, I hope the argument is my friends at great risk. Billions and billions of dollars that go not that, ‘‘Gee, we don’t have time.’’ Let me say one last thing. National for this system are billions that will This House has been languorous. We defense and security is our number-one not be spent for other matters. have not done very much. We could de- priority, and you cannot protect Amer- There are Members in this House who bate more of these things. But it is a ica with the neighborhood crime have told people they want to increase refusal on the part of the majority to watch. I am changing my vote. I am housing, they want to improve environ- allow serious issues to be debated. voting for the missile defense system mental conditions, they want to work What we have, yes, is a trivialized de- for the United States of America. harder to provide prescription drugs for bate. It has been trivialized by the cal- Mr. MOAKLEY. Mr. Speaker, I yield people on Medicare. Yet they are going culated decision of the majority to 6 minutes to the gentleman from Mas- to vote today for a measure that might make this a political exercise and to sachusetts (Mr. FRANK). preempt all of those and not give us a refuse to allow any amendments which Mr. FRANK of Massachusetts. Mr. chance to debate them. Where are the will raise any of the serious issues that Speaker, I agree with the gentleman chances to have amendments? ought to be debated. And so in advance H1414 CONGRESSIONAL RECORD — HOUSE March 18, 1999 they have devalued the statement they threatened the funding for their battle- missile defense, 70 billion of that since hoped to get because they have de- ships and they thought that air power President Reagan announced his Star prived us of the chance to do it. would do that. And so Billy Mitchell Wars program in 1983, and we still have Unfortunately, it is not an isolated was a great advocate for air power. He absolutely nothing but a failure to incident. We could not debate censure argued for the development of air show for those tax dollars. This tech- versus impeachment. We cannot debate power by the United States, we refused nology has failed 14 out of 18 tests for the specifics of the decision factors to develop it in a timely way, and we problems far less sophisticated than that go into this whole question. This paid to some degree the price for that what is required by national missile de- is a group apparently that is deter- in World War II. But his argument to fense. In short, we have a $120 billion mined to leave as its legacy in running some degree did get a few wheels spin- failure on our hands. General Shelton the House of Representatives a refusal ning and we had more in World War II of the Joint Chiefs of Staff said just to allow the most important questions than we would have had if Billy Mitch- last year spending more money on na- to come before the public to be debated ell had not gone out there, ultimately tional missile defense will only amount in a serious and thoughtful fashion. So getting court-martialed for the crime to a rush to failure, and yet the sup- they will get their political victory of saying that the United States was porters of H.R. 4 want us to throw good today, but it will come at the price of not ready for a conflict. money after bad and spend, at min- an informed effort to try and come for- Well, today we live in an age of mis- imum, another 10.5 billion on this ward with a policy that truly deals siles. And for my friends that act like failed project. with the complexities and the specific it is an impossible thing to shoot down At a time when we are struggling to questions involved. a missile with a missile, that is not find money for Pell grants and Federal Mr. REYNOLDS. Mr. Speaker, I yield true. The missiles that came in on the aid to send our kids to college, when 4 minutes to the gentleman from Cali- American troops in Desert Storm and we are struggling to find money to fornia (Mr. HUNTER), one of the leading killed a number of them were ballistic fully fund the Federal share of the In- experts on our Nation’s defense. missiles. They were slow ballistic mis- dividuals With Disabilities Education Mr. HUNTER. Mr. Speaker, I thank siles. But we did shoot down some of Act, when we are struggling to find the gentleman for yielding me this those ballistic missiles with our Pa- funds to protect our environment, to time. triot missile batteries. We have now repair our infrastructure and to revi- My colleagues, we have a time in the upgraded those. So we have shot down talize our neighborhoods, cities and oversight committee when the Sec- the slower ballistic missiles. Our ad- towns, we seem to have no problem retary of Defense and the Chairman of versaries are making faster and faster finding enough money for this fabu- the Joint Chiefs appear before the missiles. My point is that we have shot lously expensive project. House Committee on Armed Services down already the slower ballistic mis- Mr. Speaker, those of us who are ex- as they appear before a number of com- siles and, yes, we do have the capa- pressing our reservations about this mittees. bility, if we decide to deploy. system are not trivializing this issue. Sitting there with the gentleman Now, the other side throws this back We are raising legitimate concerns from South Carolina (Mr. SPENCE) and at us. They say we have spent $120 bil- about the technical feasibility of this the gentleman from Pennsylvania (Mr. lion and we have not deployed any- project, the costs and the implications WELDON) and the other members of the thing. Well, that is because we have al- of a national missile defense system. committee, I usually ask as a first ways spent that money under the con- Mr. Speaker, I do not believe it is fis- question, this question of our Sec- dition that nothing could be deployed cally responsible to support H.R. 4. I retary of Defense. I ask, ‘‘Could you and now it is thrown back in our face think this is a bad idea. I think this stop, could the United States of Amer- that we have not deployed. The Weldon could have a destabilizing effect on our ica stop a single incoming ballistic bill mandates deployment. It puts us national security. I urge my colleagues missile today should it be coming in at all on the same page, it gives us a na- to oppose this closed rule and to oppose an American city?’’ The answer is al- tional purpose, and hopefully we will H.R. 4. ways ‘‘no.’’ And yet most Americans move forward and defend America. Mr. REYNOLDS. Mr. Speaker, I yield think that we do have some kind of a Mr. MOAKLEY. Mr. Speaker, I yield 3 minutes to the gentleman from Wis- defense. 2 minutes to the gentleman from Mas- consin (Mr. GREEN). Interestingly, if the Russian defense sachusetts (Mr. MCGOVERN). Mr. GREEN of Wisconsin. Mr. Speak- minister was sitting there at the wit- er, I do not believe that the American b ness table, he would be able to say 1245 people want to hear procedural argu- ‘‘yes,’’ because the Russians do have Mr. MCGOVERN. Mr. Speaker, I rise ments or partisan jockeying. What missile defenses. They have the de- today in opposition to this rule and to they care about is our national secu- fenses that are allowed by the ABM the bill, H.R. 4. I would have preferred rity, and that is why I rise today in treaty. They have interceptors which the opportunity to debate an amend- strong support of this rule and strong are tipped with nuclear devices that ment that outlined what criteria and support of H.R. 4. I do so for one rea- can go off when incoming missiles conditions need to be met before we son. I believe it must be our policy to come in proximity of their cities that pursue a policy to deploy a national deploy a national missile defense. they have decided to protect under the missile defense system, an amendment As my colleagues know, Mr. Speaker, ABM system. They also have what are like the one my colleague from Maine the real surprise today is not the bipar- known as SA–10 and SA–12 missile de- (Mr. ALLEN) wanted to offer. That op- tisan support that I believe will emerge fense systems which they advertise in portunity has been denied by this in this House later on but that took us open literature as having capability closed rule. so long to get here. Mr. Speaker, I was against not only airplanes but ballistic Mr. Speaker, today we are rushing to shocked and saddened when I saw the missiles. embrace a bad idea. Today we are de- results of a recent poll conducted by They, like a lot of other people in the bating the deployment of a national the Center for Security Policy. Their world, understand something that the missile defense system that does not survey of 800 registered voters revealed Weldon bill tries to make us under- work, costs too much, undermines and a number of very troubling public mis- stand, and that is this: We live in an violates our arms control treaties, is conceptions. When asked hypo- age of missiles. Back in the 1920s, Billy aimed towards the wrong threat, will thetically about a ballistic missile sys- Mitchell tried to prove to us that we make us more vulnerable, not more se- tem and if it were fired at the U.S., 54 lived in an age of air power. To do that, cure, and will likely lead to a new arms percent of those polled believe we could he sank a number of ships, American race. A lot of figures regarding the cost destroy that missile before it caused ships, and I believe one large German of a national missile defense system any damage. Over half of those polled ship that had been captured. It infuri- will be thrown around in today’s de- believe we were capable of protecting ated the U.S. Navy because the U.S. bate, but what is not in dispute is that ourselves from a ballistic missile at- Navy wanted to live in the past and over 40 years we have already spent tack, and of course the sad reality is they did not want anything that over $120 billion in trying to develop a that we cannot. And when respondents March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1415 learned this fact that we could not, 19 aisle. The Cold War is over. We won. they are going to go to a new round of percent were shocked or angry, 28 per- The Soviets never used their weapons. offensive weapons by an emboldened cent said they were very surprised, 17 Now it was not because of Star Wars, right wing military in both countries percent said they were somewhat sur- because of course there was no Star and other countries around the world prised. Wars in the 1980’s, and there was no that will result in us having to spend Mr. Speaker, I do not know what I Star Wars in the 1990’s. The reason that tens of billions of other dollars? When find more troubling, the fact that so we won was that we had a superior po- we make a step like the Republicans many people incorrectly believe that litical and economic and military ask us to do today, we not only waste we can protect ourselves from missile strategy apart from Star Wars because tens of billions of dollars, but we wind attack or the lack of outrage on the it never existed, and now, since their up ultimately undermining our secu- part of so many leaders of the fact that internal contradictions have led to the rity because of the investment made by we cannot. collapse of the Soviet system, for some our potential enemies in weapons Mr. Speaker, the evidence is over- reason or another the majority believes which could actually hurt the United whelming, the threat of attack is in- that we should take up the Star Wars States of America. creasing. Concerns over Russia’s con- prequel 3 months before the new Mr. REYNOLDS. Mr. Speaker, I yield trol over its nuclear arsenal continue George Lucas film hits the theaters. 2 minutes to my Democratic colleague, to grow. China continues to develop This resolution gives us a preview of the gentleman from New Jersey (Mr. weapons of mass destruction. North things to come, and we need to give it ANDREWS) in the House Republican ma- Korea recently demonstrated that its two thumbs down. According to the jority’s continued spirit of bipartisan- missiles are capable of striking Alaska GOP script, despite the end of the Cold ship. and Hawaii. And as we know, Iran and War we are still going to deploy missile (Mr. ANDREWS asked and was given Iraq are working to develop missile defenses. Why? Because, we are told, permission to revise and extend his re- technology that will threaten the Mid- there are new ballistic missile threats marks.) dle East and southern Europe. from North Korea, and Iraq or China Mr. ANDREWS. Mr. Speaker, there is We are no longer in the era of two su- because, we are told, we need to defend no Member of this House who has done perpowers kept in check by mutually against accidental nuclear war at a more to promote the rights of fairness assured destruction. The threats of cost of tens of billions of dollars. to the minority than the gentleman today and tomorrow come from rogue This is a bad idea. The North Koreans from Massachusetts (Mr. MOAKLEY) and states, in some cases nations with arse- are starving to death, and we routinely I commend him and thank him for nals controlled by persons who we have bomb the heck out of Saddam Hussein that, but on this issue on this day I re- to admit are blind with their hatred of with impunity. Saddam Hussein had spectfully part company with him. I the U.S. The harsh reality is that we weapons of mass destruction, chemical think this rule strikes the appropriate are vulnerable. It is time that this Con- weapons. Did he use them against us balance in the tension between the gress and this President got serious when our troops were heading towards powers of the President as Commander and made it the stated policy of our Baghdad? No, he did not. Do my col- in Chief and our powers and duties to government to deploy a missile defense leagues want to know why? Because we set broad policy for this country. I system. It would be reckless for us to would wipe him off the face of the think it would be a terrible mistake for stick our heads in the sand, it would be earth, that is why. We have over- us to micromanage a serious military reckless for us to ignore the threats we whelming massive retaliatory capac- strategy issue like this, and I believe face today, and worse yet, the threats ity. If either side, any country, ever that an open rule in this sort of cir- we will face tomorrow if we fail to act. used weapons of mass destruction cumstance would invite that kind of Let us make it this country’s stated against us, we would destroy them. The micromanagement. goal that we will deploy a national greater threat from Korea, the greater I also believe that it would be an missile defense system that will pro- threat from Iran is that they will put a equally serious mistake for us to abro- tect us from those who seek to do us nuclear weapon onto a freighter, put it gate our responsibility and not take a harm. Mr. Speaker, I urge my colleagues to right into the Seattle or the Boston or position as to where our country support this rule, to support H.R. 4. the San Diego port and just detonate should go in this issue. The process Mr. MOAKLEY. Mr. Speaker, I yield it. We will not know where it is coming that begins with this legislation on 5 minutes to the gentleman from Mas- from, and we will not be able to iden- this day gives us that opportunity be- sachusetts (Mr. MARKEY). tify the source. That is our greater ginning with our opportunity to offer a Mr. MARKEY. Mr. Speaker, I thank threat by far, and if at any time they motion to recommit today, but, more the gentleman from Massachusetts for want to use any other means, then we importantly, after today, after today yielding this time to me. will be able to give massive retaliatory when decisions about how to deploy, Mr. Speaker, I rise in opposition to response capacity to that problem. what to deploy, when to deploy, under this legislation. Sixteen years ago Ron- The problem with the Republicans is, what circumstances to deploy will be ald Reagan stood in this Hall and ar- yes, the Cold War is over, but they still debated and worked out in the actions ticulated a vision. We, the United want Star Wars. They have arms race of the House Committee on Armed States, or Luke Skywalker? And the amnesia. They have forgotten every- Services, in its bills that come to this Soviet Union was the Evil Empire, and thing but their favorite weapon sys- floor over the next several years and we were going to build a Star Wars sys- tem. But the real danger from the Re- probably decades. tem, an umbrella over this country publican plan is not the tens of billions I certainly understand and revere the that would render the intercontinental of dollars which we are going to waste, rights of the minority, but in this case ballistic missiles of the Soviet Union but rather that it could touch off a new I believe that the essential constitu- useless, impotent and obsolete, in his arms race between us and the Russians tional balance prevails, and that words. And of course the whole scheme or the Chinese. balance calls for us to set broad policy, was concocted by ET, not the cuddly As the Duma meets to determine which we will do in this bill by casting little alien from the Spielberg movies, whether or not they are going to ratify our vote and for the President, as our but the original ET, Edward Teller, his the START II treaty which would re- Commander in Chief, to execute that vision. In the years since then Star sult in the elimination of 3200 strategic policy as he or some day she sees fit. Wars went from the star dust and moon weapons, do we really want to be talk- I support the rule as I will support beams of Reagan’s rhetoric to become a ing about the deployment of a ballistic the bill in the debate hereafter. giant pork barrel in the sky. In fact, missile system that would make them Mr. MOAKLEY. Mr. Speaker, I yield we have spent approximately $50 bil- even more vulnerable to a first strike 21⁄2 minutes to the gentlewoman from lion on missile defense over the last 15 from the United States? Do we want Connecticut (Ms. DELAURO), the assist- years with virtually nothing to show the Chinese to think that we are going ant to the Democratic leader. for it. to build a defensive system that allows Ms. DELAURO. Mr. Speaker, I rise in But I have some good news for my us to attack them and they cannot at- opposition to the rule essentially be- colleagues on the other side of the tack us back? Do we not think that cause the rule prohibits amendments H1416 CONGRESSIONAL RECORD — HOUSE March 18, 1999 which, if adopted, will strengthen the portant that we better understand how would not preclude our deployment of a defen- bill and our Nation’s long term secu- our country, with its great military, sive system. But this is only a step toward the rity. has gotten into our predicament of deployment we need, and others in the Ad- Yesterday in the other body, in the being defenseless. ministration persists in calling the ABM Treaty Senate, it unanimously passed its na- The American people need to know. ``the cornerstone of strategic stability'' (Berger, tional defense bill with two important The answer is that since Ronald Feb. 8 letter). amendments. It conditioned a national Reagan introduced the idea of missile I believe we need to get beyond a treaty missile defense deployment on annual defense over 15 years ago, every reason that keeps us from defending our territory in authorizations and appropriations, it in the world has been found to delay. the face of a very real threatÐa treaty, I might affirmed the United States policy to For one, we have heard the threat dis- add, that the Soviets secretly violated. And re- seek further cuts in Russia’s nuclear counted. In 1995, the administration negotiating this treaty in a way that still pre- arsenal. This was the right thing to do. predicted that no ballistic missile cludes us from deploying the best missile de- It was a responsible thing to do. threat would emerge for 15 years. This fense system we canÐallowing for a dumbed- The gentleman from Maine has au- past August, the administration again down systemÐwhich is what the Administra- thored a thoughtful amendment which assured Congress that the intelligence tion is suggesting, is simply not acceptable. should be debated in this body. That is community would provide the nec- The fact is that the Russians have nothing what our responsibility is as a legisla- essary warning of a rogue state’s devel- to fear from us. The United States doesn't tive body. opment and deployment of a ballistic start wars. To forgo defending our territory be- I support the Pentagon’s plans to missile threat to the United States. cause we're afraid of what the Russians or consider a national missile defense sys- Then that same month, that same others may say about our defensive actions is tem at the turn of this century. We month, North Korea test-fired its indefensible. need to plan to guard against future Taepo-Dong missile. The sophistication Third, we hear that a national missile de- long-range strategic missiles and a pos- of this missile unfortunately caught fense system is too costly. Yes, we have sible laser attack, but any system our intelligence community by sur- made an investment in missile defense since must be both affordable and capable of prise. Ronald Reagan launched his initiative, though protecting all of our national security North Korea, impoverished, unstable this has been a small fraction of what Amer- interests. North Korea, a regime about which the ican industry invests in research each year. b 1300 Director of Central Intelligence re- But let's be honest here, defense is not free. cently said that he could hardly over- And there have been some failures. But since Pentagon leaders have emphasized state his concern over and which in when does success come without failure? En- over and over again that a rushed job nearly all respects, according to him, tering the twentieth century, the United States would be, and I quote, a rush to failure has become more volatile and unpre- is the wealthiest, most technologically ad- that would cost taxpayers millions of dictable, may soon be able to strike vanced country in the history of the world. dollars, jeopardize U.S. national secu- Alaska and Hawaii, not to mention our There is no reason beyond the ideology of rity. allies and U.S. troops in Asia. arms control, complacency or worse not to de- General Shelton, Chairman of the Ominously, North Korea is con- ploy a national missile defense now. Joint Chiefs of Staff, said just last tinuing its work on missile develop- Before World War II, many people were month, and I quote, that the simple ment. This is the very threat that was stuck in a similar mindset. Leaders in England fact is that we do not yet have the supposed to be 15 years away. Even be- and elsewhere didn't want to develop ad- technology to field a national missile fore this rosy assessment last July, vanced defensive weaponry. One leader stood defense. He went on to say, and I quote, Iran tested a medium range ballistic alone though, pushing for England to develop the Chiefs question putting additional missile. Iran is receiving aid from Rus- its technology, including radar, in the cause of billions of taxpayers dollars into field- sia. Not surprisingly, the bipartisan its national defense. His efforts encountered ing a system now that does not work or Rumsfeld Commission recently con- much resistance. Many said that there could has not proven itself, end quote. cluded that the threat posed by nations be no defense against air power. There was Our first priority must always be the seeking to acquire ballistic missiles some outright opposition from those who fa- long-term safety and security of Amer- and weapons of mass destruction, vored disarmament, including Prime Minister ican families. Without a guarantee of quote, is broader, more mature and Stanley Baldwin, seeing disarmament as a success, our national missile defense evolving more rapidly than has been way of better dealing with Germany. Well, his- system may not be able to protect reported in estimates and reports by tory has told us that the dark days England Americans from the threat of ballistic the intelligence community. soon after suffered through would have been missiles that rogue nations like Iran The fact is that we live in a world much darker if England had not had Winston and North Korea are expected to have where even the most impoverished na- Churchill. Radar, by the way, which Churchill developed by 2002. tions can develop ballistic missiles and tirelessly pushed, was critical to winning the I urge my colleagues to oppose the warheads, especially with Russia’s aid, Battle of Britain. rule or to allow for this body to take and thus I ask the Members to support Sometimes it's not easy exercising foresight up thoughtful amendments on this the rule and this resolution. and taking preemptive action. But I cannot very critical and important issue. Op- This by no way is said to disparage our in- think of a more pressing issue for this Con- pose rash legislation that threatens to telligence efforts. Instead, we just need to ap- gress to address than defending our nation jeopardize our future national security. preciate that these threats are difficult to de- against the emerging threat of ballistic mis- Mr. REYNOLDS. Mr. Speaker, I yield tect, and that we need to react in defense. siles. I commend the authors of this important 21⁄2 minutes to the gentleman from Pearl Harbor caught us by complete surprise. resolution and hope it receives overwhelming California (Mr. ROYCE). We have no excuse with today's missile support from this body. Mr. ROYCE. Mr. Speaker, I rise in threat. Mr. MOAKLEY. Mr. Speaker, I yield strong support of this bill and the rule. The second excuse to delay is the ABM 2 minutes to the gentleman from Wash- As this resolution states, the U.S. must Treaty. ington (Mr. DICKS). deploy now and not just develop a na- Faced with the very real threats we've heard (Mr. DICKS asked and was given per- tional missile defense system but de- about, I'm at a complete loss as to why our mission to revise and extend his re- ploy it. This resolution and debate country would let an outdated treaty keep us marks.) hopefully will spur the deployment be- from developing a national missile defense Mr. DICKS. Mr. Speaker, I appreciate cause, as has been noted so forcefully system. Essentially, this Administration has al- the gentleman from Massachusetts here today, we are now defenseless lowed Russia to veto our missile defense ef- (Mr. MOAKLEY) yielding time to me. against a single ballistic missile forts. This is the same country, Russia, that is Mr. Speaker, I rise in support of the launched against American soil. contributing to missile proliferation by working resolution but I am going to oppose the Defending our Nation against attack with Iran. rule because I think the Allen amend- is so fundamental a responsibility of Fortunately, Secretary of Defense Cohen ment should have been put in order. I ours and the stakes that we are talking has suggested that we would not be wedded wish we would have had an oppor- about are so high, that I think it is im- to the ABM Treaty (Jan. 20)Ðthat this treaty tunity, like the Senate did, to take March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1417 amendments on this important na- that is technically capable, I would say support. This has been a totally bipar- tional security issue. to them it depends on how one wants to tisan process. Having said that, I do want to com- define that. The Russians have had a Mr. Speaker, amendments could have pliment my colleagues, the gentleman missile defense system for 30 years. We been offered. The gentleman from from Pennsylvania (Mr. WELDON) and currently have the Patriot system on- Maine (Mr. ALLEN) could have offered the gentleman from Missouri (Mr. line. The technology is there. The de- an amendment. He chose not to. Now, SKELTON) and those people who have bate is over how good it will work. are we being unfair, Mr. Speaker? tried to work to make this into a bi- In my opinion, we should deploy the At the Committee on Rules yester- partisan issue. I want to remind my best system that we are capable of de- day there were two people who wanted colleagues, I have been on the Sub- ploying now. After seeing the Rumsfeld amendments, one Republican and one committee on Defense for 21 years. I report and personally reading the Cox Democrat. I opposed both because each was there in 1983 when Ronald Reagan report, I would say we need to make a would have taken the bill to an ex- announced his effort to build a na- commitment to not only deploy the treme position that perhaps would not tional missile defense system. best system we are capable of deploy- have been the clear-cut debate that we I happen to believe that we always ing now but to plan on upgrading that need on this issue, which is whether or have to have defense priorities. My system within the next 10 years to a not to move forward. number one defense priority today is better, more sophisticated system, be- Some say there has been no debate. theater missile defense. When we de- cause the threat is real and the threat Mr. Speaker, in the 5 years I have con- ploy our troops in all these countries, is great. trolled the Subcommittee on Military whether they are in the Middle East or As parents, we are responsible for Research and Development, there have whether they are in Saudia Arabia, taking care of our kids and making been over 60 hearings, briefings, classi- wherever they are, Bosnia, we want to sure they have good manners and mak- fied sessions. For someone to say there be able to have a credible theater mis- ing sure they get fed, but it would be has been no debate is just a case where sile defense system in place. very irresponsible if we left the front they do not understand what in fact It was not until just this week that door unlocked and the window open has transpired. One of my colleagues on the other Patriot 3 had its first success. So as we every night allowing somebody to come side said the cost. Let us look at the come to this decision on national mis- in to rob, steal and commit mayhem. cost, Mr. Speaker. We have spent $9 bil- sile defense, I must point out to my What good is it for us in this country lion in Bosnia already. The administra- colleagues that we still do not have the if we are going to do all of these won- tion’s estimate for the cost of NMD is technology in place to deploy such a derful things for Social Security and $6 billion. So we are going to spend system, and that is why we are going for education in America and all of the more to protect peace in Bosnia than to have to continue the research, con- other proposed good things that we are we are to protect our own people. tinue to look at this on the year-by- going to do while we leave New York, In fact, we are spending $10 billion year basis and, again, my hope is that Los Angeles, Boston, Miami, Philadel- this year on environmental cleanup, the first thing we get done is theater phia and all the great cities of this $10 billion on environmental cleanup missile defense to defend our troops. country vulnerable? versus the administration’s estimate of I do believe there is a threat out The Chinese have already said that $6 billion for an NMD system. there and I do believe that warning we would not be willing to risk those The gentleman from Massachusetts times are less than they used to be and cities in defense of Taiwan, and we al- (Mr. MARKEY) said this is going to jeop- many countries are proliferating and ready know, from reading the New ardize our relationship with Russia. I building ballistic missiles. York Times, that the Chinese have ac- say hogwash. If one wants to know We are also going to have to work quired the most sophisticated weapons what is going to jeopardize our rela- out a relationship with the Russians. systems. tionship with Russia, Mr. Speaker, ask This is not going to be accepted by Support the bill. Support the rule. the administration why they cancelled them. We are going to have to nego- Mr. REYNOLDS. Mr. Speaker, I yield the funding for the only joint Russian- tiate with them. So hopefully, if we 31⁄2 minutes to the gentleman from American missile defense initiative can deal with these issues, then we can Pennsylvania (Mr. WELDON), who I that we have last October, the Ramos go forward and have a system like this. have had the occasion to recognize as project. I think we have to go into this with our one of the leading experts on missiles. When we were in Russia this past eyes open. Mr. WELDON of Pennsylvania. Mr. weekend, that is what the Russians Mr. REYNOLDS. Mr. Speaker, I in- Speaker, let me thank my distin- were concerned about, that this admin- quire of the Chair how much time is re- guished colleague for his leadership on istration cancelled all the funding for maining on both sides. the rule. I also want to pay my re- the only joint program to build con- The SPEAKER pro tempore (Mr. spects to my good friend, the ranking fidence that we have. HANSEN). The gentleman from New Member on the Committee on Rules, Ask the administration why they York (Mr. REYNOLDS) has 91⁄2 minutes who is a real gentleman. cancelled the Ross-Mamaedov talks remaining. The gentleman from Massa- Mr. Speaker, I want this debate to be back when they took office in 1993. It chusetts (Mr. MOAKLEY) has 51⁄2 min- focused on factual information and not was President Bush who started those utes remaining. rhetoric and so I am going to go talks because Yeltsin said, let us work Mr. REYNOLDS. Mr. Speaker, I yield through the comments made by my together. What did this president do? 2 minutes to the gentleman from Flor- colleagues in opposition to this rule When he came into office in 1993, he ida (Mr. WELDON). one at a time. cancelled the talks and said, no, we are Mr. WELDON of Florida. Mr. Speak- We heard from the gentleman from not going to work together in missile er, I thank the gentleman from New Massachusetts. He said this was a Re- defense. York (Mr. REYNOLDS) for yielding me publican partisan effort. When I intro- If one wants to talk about insta- this time. duced this bill last August, I reached bility, ask the arms control crowd. The Mr. Speaker, I rise in support of this out to the Democrat side. The bill had arms control crowd who was arguing rule and in strong support of the under- 24 Democrats and 24 Republicans when against our bill today, and I am glad lying piece of legislation. I represent I dropped the bill in, because I did not they are because this is what they are, the area of Florida that includes Cape want it to be a partisan battle. There this was a chart that they had inserted Canaveral and the issues of ballistic were some in my party who criticized in a national magazine on the debate missiles and space technology and me for that. about missile defense. One of my Rus- aerospace technology is of tremendous When I introduced the bill in this ses- sian friends read this to me and he interest. I ran in 1994 originally for sion of Congress, Mr. Speaker, it had 28 said, ‘‘Curt, I understand what you are Congress in support of deploying a mis- Democrats and 30 Republicans. In fact, trying to do but this is what is going to sile defense system. when it passed the Committee on be all over Russia.’’ To those people who would say right Armed Services, the vote was 50 to 3, The arms control crowd, the Natural now that we do not have something with Democrats joining Republicans in Resources Defense Council, has a chart H1418 CONGRESSIONAL RECORD — HOUSE March 18, 1999 saying destroy Russia, killing 20 mil- Mr. ALLEN. I certainly did. committee, and the gentleman said he lion people. This is the kind of rhetoric Mr. WELDON of Pennsylvania. I withheld because there had not yet that inflames the Russian side, not thank the gentleman. been a hearing held that he wanted what we are doing. I ask my colleagues Mr. ALLEN. But I chose not to exer- have to take place, that that is some to support the rule and to support the cise that right, because I wanted to justification for shutting off discussion bill in a true bipartisan fashion. hear from the military as to their opin- of this amendment and a vote on this Mr. MOAKLEY. Mr. Speaker, I yield ions. amendment as an amendment, not as a the balance of my time to the gen- Does it make sense for us to commit recommittal, on the floor of the House, tleman from Maine (Mr. ALLEN), the to a program before we hear from the makes no sense. producer of the amendment. office that executes that program? This is the place where the ultimate Mr. ALLEN. Mr. Speaker, I thank H.R. 4 would deploy a national mis- Democratic decisions are made, and the gentleman from Massachusetts sile defense system before we have the notion that oh, okay, one could tested the system, before we know (Mr. MOAKLEY) for yielding me this have offered an amendment in com- time. whether or not it works. My amend- mittee, committees are not wholly rep- Mr. Speaker, this House should de- ment, however, was not designed to resentative of the House. They are not feat this rule. It is a closed rule that si- kill this system. On the contrary, it supposed to be. This is the body in lences an important voice in the na- was designed to make sure that a na- which public policy is supposed to be tional missile defense system would tional missile defense debate, and that discussed, and the majority’s refusal to work. voice is the voice of the Joint Chiefs of allow a fair debate and vote as an First, national missile defense must Staff. General Hugh Shelton, the be demonstrated to be operationally ef- amendment on the gentleman’s pro- Chairman of the Joint Chiefs, said in fective against the threat as defined as posal is what makes this unduly par- testimony before the Committee on of the time of the deployment and as tisan, in my judgment. Mr. ALLEN. Mr. Speaker, I thank Armed Services of the House last we can project for a reasonable time the gentleman from Massachusetts. I month that, and I quote, the decision into the future. Does anyone disagree urge my colleagues to vote ‘‘no’’ on to deploy a national missile defense that we should test national missile de- this rule. system will be based on several factors, fense before we buy it? the most important of which will be as- Second, national missile defense Mr. REYNOLDS. Mr. Speaker, I yield sessments of the threat and the current should not diminish the overall na- the balance of my time to the gen- state of the technology. tional security of the United States by tleman from California (Mr. DREIER). (Mr. DREIER asked and was given b 1315 jeopardizing other efforts to reduce permission to revise and extend his re- threats to this country, including ne- H.R. 4 does not address threat or marks.) gotiated reductions in Russian nuclear technology, or cost, or arms control. I Mr. DREIER. Mr. Speaker I rise in forces. Does anyone disagree on seek- asked the Committee on Rules to make strong support of this rule, and I would ing further Russian disarmament? in order an amendment I drafted, but like to begin by complimenting the Third, national missile defense must that request was denied. The amend- newest member of the Committee on be affordable and not compromise read- ment provided that it would be the pol- Rules, the gentleman from New York iness, quality of life of our troops, icy of this country to deploy a national (Mr. REYNOLDS), who I think in a tough weapons modernization, and theater missile defense that is proven to be ef- situation has done an extraordinarily missile defense deployment. Does any- fective. In other words, the system good job in dealing with this in, as he one disagree with these critical defense needs to work. pointed out when he recognized the Second, that it would not diminish priorities? H.R. 4, however, is silent on each one gentleman from New Jersey, in a very our overall national security. We have of these priorities. We should defeat bipartisan way. I am very encouraged the task of making sure that we de- this closed rule and allow Members the by that. velop and we proceed with strategic nu- opportunity to vote to recognize that I also want to say that as we look at clear arms reduction talks with Russia. there are real world considerations for this issue, it is obvious to me that we Third, that it would not compromise national missile defense deployment. have a number of experts; Mr. WELDON other critical defense priorities. We That is the opportunity the Senate has done a wonderful job on this, I have to pay attention to our troops, had; that is the opportunity that we think about the U.S. Constitution. and as the gentleman from Washington should have in this House and well. I There are no more important words in (Mr. DICKS) said a few moments ago, a urge a ‘‘no’’ vote. the U.S. Constitution than the five theater missile defense to protect our Mr. FRANK of Massachusetts. Mr. words in the middle of the preamble: forward-deployed troops is vitally im- Speaker, will the gentleman yield? ‘‘Provide for the common defense.’’ portant. Mr. ALLEN. I yield to the gentleman In light of that, it seems to me that This is the position, the amendment from Massachusetts. a 15-word bill, which is exactly what I proposed, I believe is the position of Mr. FRANK of Massachusetts. Mr. this is, is the right thing for us to do. the Joint Chiefs of Staff and I am dis- Speaker, I want to thank the gen- One is either for it, or one is against it. mayed that their views were shut out. tleman, because I just want to com- That is really what it comes down to. Now, H.R. 4 came up in the Com- ment on the strangeness of my col- So I think that we have had full con- mittee on Armed Services, but it is in- league from Pennsylvania’s under- sideration in committee. Both the teresting. The gentleman from Penn- standing of parliamentary procedure. chairman of the Committee on Armed sylvania (Mr. WELDON), the distin- My objection was, and my assertion Services and the ranking minority guished chairman of the Subcommittee that this has been made partisan, was member talked about the debate that on Research and Development, said I due to the refusal to allow the gentle- took place in the Committee on Armed did not offer this amendment in com- man’s amendment to come up on the Services, and my friend from Massa- mittee. Well, the truth is, I did not floor of the House, the House of Rep- chusetts is right. There should be the offer the amendment in committee be- resentatives, the whole body, the body opportunity on this floor for the gen- cause we had not even held a hearing that represents the people. tleman from Maine (Mr. ALLEN) to with General Lyles. This bill was The gentleman from Pennsylvania’s offer his amendment. And guess what? marked up in committee before we answer, was well, he could have offered Back in 1994 when we won this major- heard from General Lyles on that day. it in committee. That is another one of ity, we very proudly made an impor- Mr. WELDON of Pennsylvania. Mr. those gracious concessions that is of- tant change in the Rules of the House. Speaker, will the gentleman yield? fered only because it could not have Now, he and I came together in 1980, Mr. ALLEN. I yield to the gentleman been withheld. There are under our and on numerous occasions, at least a from Pennsylvania. rules no way to stop an amendment couple of times a year, the opportunity Mr. WELDON of Pennsylvania. Did from coming up in committee. to offer a motion to recommit was in the gentleman have an opportunity to But the notion that because the rules fact denied to us when we were in the offer an amendment in committee? allow amendments to be offered in minority. When we made this rules March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1419 change in 1994, we decided that it What I want to say is if we look at As the legislative branch, we have a right to would be, in fact, a rule of the House the report that has come forward from be involved in foreign policy decisions. Yet we that the minority would have an oppor- the Rumsfeld Commission which was need to use this right responsibly. tunity to offer a motion to recommit. presented to us on the House floor We learned in the 1980s that relentlessly And guess what? The Allen amendment today in a closed meeting, the declas- pursuing the goal of a national missile defense can be made in order under the motion sified segment of that makes it obvi- system without any realistic assessment of the to recommit that we have. ous. It says, the Rumsfeld Commission, costs involved is a bad way to make foreign Now, we have this hour of debate on the ballistic missile threat to the policy. the rule; we are going to have, in fact, United States is broader, more mature, By not allowing amendments, the majority is 3 hours of debate. and evolving more rapidly than re- again acting in their own political interests, not Mr. FRANK of Massachusetts. Mr. ported in estimates and reports in the the interests of sensible, prudent policy. Mr. Speaker, will the gentleman yield? intelligence community. Speaker, I oppose this rule. Mr. DREIER. I yield to the gen- Now, what does that say? It says that Mr. REYNOLDS. Mr. Speaker, I move tleman from Massachusetts. as we look at this threat that is there the previous question on the resolu- Mr. FRANK of Massachusetts. Mr. from Pakistan, Iran, Iraq, North Korea, tion. Speaker, is the chairman of the Com- Russia, China, it is obvious that this is The previous question was ordered. mittee on Rules telling us that in his the most responsible thing for us to do. The SPEAKER pro tempore (Mr. judgment now, the motion to recom- So that is why I will say again, one is HANSEN). The question is on the resolu- mit, which has 10 minutes of debate either for it or one is against it. This tion. and which is often cast in a very par- reminds me of the debate that we had The question was taken; and the tisan way, and it is better than noth- in the 1980s. Speaker pro tempore announced that ing. Again, I congratulate my friend, the the ayes appeared to have it. Mr. DREIER. Mr. Speaker, if I could gentleman from New York (Mr. REY- Mr. MOAKLEY. Mr. Speaker, I object reclaim my time, I was just going to NOLDS) for the great job that he has to the vote on the ground that a say that we are going to have 3 hours done on this. quorum is not present and make the of debate. Now, if the decision is made Mr. FORD. Mr. Speaker, I rise today out of point of order that a quorum is not at this moment that the motion of the concern that the majority is not allowing present. gentleman from Maine (Mr. ALLEN) is amendments on this important legislation. The SPEAKER pro tempore. Evi- the one that the ranking member of Yesterday the Administration and the Senate dently a quorum is not present. the committee wants to offer as a re- were able to compromise on a similar meas- The Sergeant at Arms will notify ab- committal motion, for that entire 3 ure, simply because the Senate Majority Lead- sent Members. hours of debate, the opportunity is er provided the room to compromise. Unfortu- The vote was taken by electronic de- there, the opportunity is there for a nately, such leadership is absent today in the vice, and there were—yeas 239, nays full and open discussion on this issue. House. 185, not voting 9, as follows: Mr. FRANK of Massachusetts. Mr. I don't have to remind my colleagues of the [Roll No. 57] Speaker, will the gentleman yield? YEAS—239 Mr. DREIER. I yield to the gen- importance of this decision today. As most of you know, I am the youngest member of the Aderholt Dickey Hyde tleman from Massachusetts. Andrews Doolittle Isakson Mr. FRANK of Massachusetts. Mr. House. Many people have tried to find a name for my generation, because in earlier times Armey Doyle Istook Speaker, under the Rules of the House Bachus Dreier Jenkins as I understood them, if the amend- there was the World War I generation, the Baker Duncan Johnson (CT) Ballenger Dunn Johnson, Sam ment of the gentleman from Maine World War II generation, and the Vietnam Generation. There are no wars to name us by. Barcia Ehlers Jones (NC) (Mr. ALLEN) had been made in order, Barr Ehrlich Kasich we could have had debate on that Why is that? Because we have learned how Barrett (NE) Emerson Kelly amendment, and then we would have to work with other nations to reduce the threat Bartlett English King (NY) of armed conflict between the great powers. Barton Everett Kingston also had a motion to recommit. Bass Ewing Knollenberg Mr. DREIER. Mr. Speaker, if I could We have learned that effective diplomacy, Bateman Fletcher Kolbe reclaim my time. backed by the threat of the use of force, can Bereuter Foley Kuykendall Mr. FRANK of Massachusetts. Mr. help defuse this threat among members of the Berry Forbes LaHood international community. Biggert Fossella Largent Speaker, I apparently misunderstood Bilbray Fowler Latham the gentleman saying that he would Of course, the threats posed by rogue Bilirakis Franks (NJ) LaTourette yield. I thought the gentleman said he states such as Iraq and North KoreaÐwho Bliley Frelinghuysen Lazio have been ostracized by the international Blunt Gallegly Leach would yield. Boehlert Ganske Lewis (CA) Mr. DREIER. May I reclaim my time. communityÐhave dramatically changed the Bonilla Gekas Lewis (KY) Mr. FRANK of Massachusetts. I rules. I believe that we need to prepare for the Bono Gibbons Linder asymmetric threats posed by nuclear, chem- Boyd Gilchrest Lipinski apologize for misunderstanding when I Brady (TX) Gillmor LoBiondo thought the gentleman said he was ical, and biological weapons. However, we Bryant Gilman Lucas (OK) going to yield. should not act impetuously. Burr Goode Manzullo Mr. DREIER. Mr. Speaker, I did The Administration has requested that we Callahan Goodlatte McCollum Calvert Goodling McCrery yield. The gentleman said that he amend H.R. 4 in order to make clear that the Camp Goss McHugh wants to have a debate, and we are decision to deploy a missile defense system is Campbell Graham McInnis going to have debate. In fact, 3 hours of contingent on a variety of factors, including an Canady Granger McIntosh assessment of the costs and feasibility of the Cannon Green (WI) McIntyre debate can take place on the Allen Castle Greenwood McKeon amendment if you all so choose. So the project. The rule, however, prevents us from Chabot Gutknecht Metcalf idea that the opportunity to offer it taking this sensible step. Instead, it asks that Chambliss Hall (TX) Mica has been denied is crazy, because we the House make the decision for the President Chenoweth Hansen Miller (FL) Coble Hastings (WA) Miller, Gary changed the rules in 1994 to make that after 2 hours of debate, without any consider- Collins Hayes Moran (KS) order. ation of what such a project entails. Combest Hayworth Morella Mr. FRANK of Massachusetts. Mr. The rule also prevents us from reaffirming Cook Hefley Murtha Speaker, will the gentleman yield? our commitment to the 1972 Anti-Ballistic Mis- Cooksey Herger Nethercutt Cox Hill (MT) Ney Mr. DREIER. Mr. Speaker, may I sile Treaty. It jeopardizes the adoption of the Cramer Hilleary Northup make a couple of points as we conclude START II treaty by the Duma in Moscow. In- Crane Hobson Norwood this debate on the rule? deed, the Russian parliament is also address- Cubin Hoekstra Nussle Cunningham Horn Ortiz Mr. FRANK of Massachusetts. Mr. ing concerns over weapons of mass destruc- Davis (VA) Hostettler Ose Speaker, of course the gentleman may tion. To show our support for strategic arms Deal Houghton Oxley conclude. He controls the time. reduction, we ought to demonstrate our com- DeLay Hulshof Packard Mr. DREIER. Mr. Speaker, I thank mitment, yet we are unable to do so because DeMint Hunter Paul Diaz-Balart Hutchinson Pease the gentleman very much. of this rule. H1420 CONGRESSIONAL RECORD — HOUSE March 18, 1999 Peterson (PA) Scarborough Tancredo b 1343 down, and thought you ought to know Petri Schaffer Tauzin Pickering Scott Taylor (MS) Messrs. BOSWELL, KLECZKA, MAT- about it.’’ Pickett Sensenbrenner Taylor (NC) SUI, BISHOP, HINCHEY and MORAN The President calls over to the peo- Pitts Sessions Terry of Virginia changed their vote from ple in the Pentagon and tells them Pombo Shadegg Thomas ‘‘yea’’ to ‘‘nay.’’ what he has heard and tells them to Porter Shaw Thornberry take care of it. They have to tell him, Portman Shays Thune So the resolution was agreed to. Pryce (OH) Sherwood Tiahrt The result of the vote was announced ‘‘Mr. President, we can’t defend against Quinn Shimkus Toomey as above recorded. that one intercontinental ballistic mis- Radanovich Shows Turner sile launched by accident.’’ Upton A motion to reconsider was laid on Ramstad Shuster That is not way out. That could hap- Regula Simpson Walden the table. Reyes Sisisky Walsh Stated for: pen. It could have already happened. As Reynolds Skeen Wamp Mr. BURTON of Indiana. Mr. Speaker, dur- a matter of fact, a few years ago, the Riley Skelton Watkins Norwegians launched a weather rocket Rodriguez Smith (MI) Watts (OK) ing rollcall vote No. 57 on H. Res. 120, I was Rogan Smith (NJ) Weldon (FL) unavoidably detained. Had I been present, I in Norway. The sensors in Russia mis- Rogers Smith (TX) Weldon (PA) would have voted ``yea.'' took that launch for a launch of an Rohrabacher Souder Weller intercontinental ballistic missile from Wexler Mr. SPENCE. Mr. Speaker, pursuant Ros-Lehtinen Spence us on them, and they were literally Roukema Spratt Whitfield to House Resolution 120, I call up the Royce Stearns Wicker bill (H.R. 4) to declare it to be the pol- minutes away from launching an at- Ryan (WI) Stenholm Wilson icy of the United States to deploy a na- tack against our country in retalia- Ryun (KS) Stump Wolf Young (AK) tional missile defense, and ask for its tion; minutes away before they had it Salmon Sununu sorted out and called it off. That is Sanford Sweeney Young (FL) immediate consideration in the House. Saxton Talent The Clerk read the title of the bill. what we are facing today. That is the The text of H.R. 4 is as follows: threat. It is right here. NAYS—185 H.R. 4 We have been trying to warn this ad- Abercrombie Gutierrez Moore Be it enacted by the Senate and House of Rep- ministration and the American people Ackerman Hall (OH) Moran (VA) resentatives of the United States of America in of the dangers we face. I think back in Allen Hastings (FL) Nadler Congress assembled, That it is the policy of the history of all the many warnings that Baird Hill (IN) Napolitano Baldacci Hilliard Neal United States to deploy a national missile de- we had before Pearl Harbor. Those Baldwin Hinchey Oberstar fense. warnings were not heeded, and we see Barrett (WI) Hinojosa Obey The SPEAKER pro tempore (Mr. what happened. We have had many Becerra Hoeffel Olver UNUNU Bentsen Holden Owens S ). Pursuant to House Resolu- warnings to date on all sides of the Berkley Holt Pallone tion 120, the gentleman from South many threats we face from throughout Berman Hooley Pascrell Carolina (Mr. SPENCE) and the gen- this world, of all kinds. The warnings Bishop Hoyer Pastor tleman from Missouri (Mr. SKELTON) are not being heeded. Blagojevich Inslee Pelosi Blumenauer Jackson (IL) Peterson (MN) each will control 1 hour. We tried to pass a national missile Bonior Jackson-Lee Phelps The Chair recognizes the gentleman defense back in 1995, the 1996 Defense Borski (TX) Pomeroy from South Carolina (Mr. SPENCE). Authorization bill. The President ve- Boswell Jefferson Price (NC) Mr. SPENCE. Mr. Speaker, I yield toed it. We have tried to do some other Boucher John Rahall Brady (PA) Johnson, E. B. Rangel myself such time as I may consume. things since that time. We have had to Brown (CA) Jones (OH) Rivers (Mr. SPENCE asked and was given try to take one step at a time to bring Brown (FL) Kanjorski Roemer permission to revise and extend his re- the administration to the realization of Brown (OH) Kaptur Rothman Capps Kennedy Roybal-Allard marks.) what is happening and what we need to Capuano Kildee Rush Mr. SPENCE. Mr. Speaker, before be- do to properly defend this country. Cardin Kilpatrick Sabo ginning, I would like to remind all After the President vetoed that bill, Carson Kind (WI) Sanchez Members who attended this morning’s he said that there was no threat facing Clay Kleczka Sanders Clayton Klink Sandlin briefing with the Rumsfeld Commis- this country; we did not need a na- Clement Kucinich Sawyer sion that the briefing was classified. tional missile defense. As a matter of Condit LaFalce Schakowsky Accordingly, during the next several fact, he even had the CIA issue a Na- Conyers Lampson Serrano hours of debate, Members should take tional Intelligence Estimate which po- Costello Lantos Sherman Coyne Larson Slaughter extreme care not to discuss any of the liticized the issue and was phrased this Crowley Lee Smith (WA) details or specifics of what they heard. way: ‘‘Aside from the declared nuclear Cummings Levin Snyder Mr. Speaker, H.R. 4 is a 15-word bill powers, it will be 10 or 15 years before Danner Lewis (GA) Stabenow Davis (FL) Lofgren Stark stating, and I quote, ‘‘That it is the rogue nations, other nations, will de- Davis (IL) Lowey Strickland policy of the United States to deploy a velop a capability.’’ I said to myself, DeFazio Lucas (KY) Stupak national missile defense.’’ The bill is ‘‘That is misleading. These other coun- DeGette Luther Tanner clear in its intent, elegant in its sim- tries can buy the capability from the Delahunt Maloney (CT) Tauscher DeLauro Maloney (NY) Thompson (CA) plicity and reflects a bipartisan belief countries which have it right now. Deutsch Markey Thompson (MS) that all Americans should be protected They do not have to do it as an indige- Dicks Martinez Thurman against the threat of ballistic missile nous thing on their part.’’ Dingell Mascara Tierney Dixon Matsui Towns attack. I remember calling up the Director of Doggett McCarthy (MO) Traficant Mr. Speaker, the biggest frustration the CIA at that time and trying to get Dooley McCarthy (NY) Udall (CO) of my life, as chairman of the Com- him to change that National Intel- Edwards McDermott Udall (NM) mittee on Armed Services, has been to ligence Estimate to more clearly re- Engel McGovern Velazquez Eshoo McKinney Vento persuade our own government to pro- flect the true state of affairs. He would Etheridge McNulty Visclosky tect our own citizens from nuclear at- not do it. So we had to appoint this Evans Meehan Waters tack. This is a threat that is not some- Rumsfeld Commission, a bipartisan Farr Meek (FL) Watt (NC) Fattah Meeks (NY) Waxman time in the future, it is a threat that is commission, to study the question and Filner Menendez Weiner here this minute. As a matter of fact, come back and give us an independent Ford Millender- Weygand the threat has already passed. assessment of the threats we face. Frank (MA) McDonald Wise There is a scenario about President After studying the seriousness of the Gejdenson Miller, George Woolsey Gephardt Minge Wu Yeltsin of Russia getting on the hot question over a period of about a year, Gonzalez Mink Wynn line to our President and saying the they came back, in a bipartisan way, Gordon Moakley following: ‘‘Mr. President, some dumb unanimously, and said that instead of Green (TX) Mollohan fool has pushed the wrong button over us having to be concerned about 10 or NOT VOTING—9 here and we’ve got an intercontinental 15 years away from the threat, we ballistic missile with 10 multiple re- would have little or no warning of a Archer Buyer Frost Boehner Clyburn Myrick entry vehicles on it heading your way. system deployed somewhere else that Burton Coburn Payne We can’t call it back, we can’t shoot it could impact on us in that way. March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1421 Even after the report came out, the it comes to taking care of our troops. against the national missile defense administration still maintained that Fair enough. As my colleagues should program that undercuts the first and they would go on with the 3-by-3 policy also know, my support does not extend second lines of defense. they had, which meant they would to all things defense, nor is it without This brings us to H.R. 4, a simple dec- study the question for 3 more years qualification. Today’s topic, national laration that we are committed to ulti- and, at the end of that time, if the missile defense, is a case in point. mately deploying a national missile de- threat was real, then we would decide For some 15 years, I have been con- fense, period. It is an opportunity to whether or not to deploy the system. cerned that various proposals for de- move past the philosophical debate So here we are today, after all this ploying a national missile defense sys- that has divided us, to move past who time, one step at a time, now trying to tem were unjustified and too expensive. is and who is not willing to defend get them to utter that one word: De- Further, I believe that any effort to do America. Therefore, I must admit to ploy. so would siphon needed resources from my disappointment with the adminis- North Korea's launch of a 3-stage ballistic what I considered to be higher priority tration for considering this legislation missile last August was one of a number of defense needs. Thus, I have not been to be unnecessary and withholding disturbing events that confirmed the Rumsfeld among the voices advocating deploy- their support on that basis. Neverthe- Commission's findings and compelled the Ad- ment of a national missile defense sys- less, it is significant that its concerns ministration to concede that the threat was not tem. Instead, while others have been do not rise to the level of a veto threat. a decade away. Earlier this year, Secretary of speaking passionately on the subject Thus, I would ask my colleagues to Defense Cohen publicly confirmed the Admin- over the years, I have been listening. keep this fact in mind during delibera- istration's updated perspective on the threat in I am persuaded by the facts from cur- tions here today. stating [quote] ``that there is a threat and the rent intelligence estimates and the In my opinion, H.R. 4 does not go be- threat is growing.'' [unquote] events of the past year, Mr. Speaker, yond the administration’s program for Technology has matured to the point where that the technology needed to develop a limited national missile defense in it is feasible to move forward with plans to de- an ICBM capable of delivering a war- any way. According to the Congres- ploy a national missile defense system. There head of mass destruction against large sional Budget Office, H.R. 4 will not in- will always be test failures and there will al- portions of the United States is today crease missile defense costs one cent. ways be technological challenges. But Ameri- in the hands of at least one so-called More importantly, it does not compel a cans have never shied away from a challenge, ‘‘rogue’’ actor. Worse, much of the national missile defense system archi- and this is certainly no reason not to proceed needed technology has been dem- tecture that is incompatible with the in the face of a threat that gets worse by the onstrated. And, as my good friend and ABM Treaty. Equally important, Mr. day. And as this week's successful PATRIOT former colleague, Ron Dellums, would Speaker, it does not mandate a deploy- missile test demonstrated, missiles can inter- say, ‘‘I can see lightning and I can hear ment date or condition. Thus, it does cept other missiles. thunder.’’ Accordingly, I now believe it not generate a rush to failure by call- Even with Congress adding funding to mis- is not only possible, but probable, that ing for deployment of an inadequately sile defense programs during the past four significant portions of the United tested or ineffectual system. years, the Administration has just recently rec- States will be threatened by ICBM de- The new realty is that a lot has ognized that its own budgets were inadequate. livered warheads of mass destruction changed since the strategic defense ini- To its credit, the Administration has budgeted, sometime before the year 2005; time the tiative debate was joined some 16 years for the first time, a level of funding intended to administration now says it needs to de- ago. A lot has changed since last year, support an initial deployment of a national mis- ploy a suitable, limited national mis- and yesterday’s truths are no more. So sile defense system. And just to put cost in sile defense system. I ask my colleagues to approach H.R. 4 perspective, the cost of a national missile de- I also believe that $6.6 billion in- with an open mind, try to consider it fense system, by the Administration's own es- cluded in the administration’s fiscal as a good-faith effort to establish a bi- timates, will comprise less than one percent of year 2000 future years defense plan for partisan consensus, and I will repeat the overall defense budget, and less than two national missile defense deployment this, a bipartisan consensus on defend- percent of our military modernization budget related activities recognizes this threat ing America. That is what I believe it over the next five years. development and tacitly acknowledges is. Mr. Speaker, national missile defense is that the administration also views the Mr. Speaker, our most distinguished necessary, feasible, and affordable. But in ultimate deployment of a limited na- colleagues on the subject of missile de- spite of the growing consensus that the threat tional defense missile system as inevi- fense, the gentleman from Pennsyl- is real, progress on technology development, table. vania (Mr. WELDON) and the gentleman and increased funding, the Administration has Mr. Speaker, the issue is not just from South Carolina (Mr. SPRATT), two steadfastly refused to commit to actually de- about a national missile defense sys- respected Members who have in the ploy a national missile defense. H.R. 4 fills this tem, nor can it be. To successfully de- past been disagreeing on this issue, void and will put this House on record making fend America from an ICBM delivered have joined together in a significant an important commitment to each and every threat, we need to act on a potential collaboration to provide us with a rare American that they will be defended. threat of a missile over its entire life; Mr. Speaker, I reserve the balance of and distinct opportunity to rise above not just the last 15 minutes to do so. our differences and move the national my time. Priority must be given to our first missile defense debate forward on a less Mr. SKELTON. Mr. Speaker, I ask line of defense: Aid and diplomacy, philosophical and less partisan basis. unanimous consent that the gentleman counterproliferation programs, and For the good of the country and for the from South Carolina (Mr. SPRATT) be arms control agreements. Although not good of this institution, I believe in the recognized to manage, at the end of my perfect, these programs work and are strongest possible terms that we statement, the balance of the time on relatively cheap. More importantly, by should seize this opportunity, Mr. our side. reducing or preventing the number and Speaker, and pass H.R. 4. The SPEAKER pro tempore. Is there sophistication of ICBMs that might I want to thank the gentleman from objection to the request of the gen- threaten us, they make national mis- Pennsylvania (Mr. WELDON) and I want tleman from Missouri? sile defense system technically fea- to thank the gentleman from South There was no objection. sible. Deterrence also works, and since Carolina (Mr. SPRATT) for coming to- Mr. SKELTON. Mr. Speaker, I yield these forces already exist, it is the log- gether to write and draft H.R. 4 and myself such time as I may consume. ical second line of defense. Mr. Speaker, I rise in strong support provide us with this historic oppor- b of H.R. 4, a bill to declare it the policy 1400 tunity. of the United States to deploy a na- Finally, I now think deployment of a Mr. Speaker, I reserve the balance of tional missile defense. limited national defense system, as a my time. Many of my colleagues know me as a third and final line of defense, is as ad- Mr. SPENCE. Mr. Speaker, I yield strong advocate for a strong national visable as it is inevitable. At the same such time as he may consume to the defense, maybe even doctrinaire when time, however, I believe we must guard gentleman from Alaska (Mr. YOUNG). H1422 CONGRESSIONAL RECORD — HOUSE March 18, 1999 (Mr. YOUNG of Alaska asked and was the common defense of our nation by select- leagues to look at this, ‘‘If the Presi- given permission to revise and extend ing an Alaska site for the deployment of the dent decides that the deployment his remarks.) national ballistic missile defense system. should go forward,’’ if he decides, ‘‘next Mr. YOUNG of Alaska. Mr. Speaker, I Copies of this resolution shall be sent to June the President would make that the Honorable Bill Clinton, President of the rise in strong support of H.R. 4. United States; the Honorable Floyd D. decision.’’ Today I rise in support of H.R. 4, ``A bill to Spence, Chair, Committee on Armed Serv- This bill, make no mistake about it, declare it to be the policy of the United States ices, U.S. House of Representatives; the Hon- is a clear and definitive difference be- to deploy a national missile defense.'' Let's orable John Warner, Chair, Committee on tween the administration’s policy of face the fact that the ballistic missile threat is Armed Services, U.S. Senate; and to the waiting a year until June and us mak- not, I repeat, is not decreasing, it's here now Honorable Ted Stevens and the Honorable ing that decision right now. We need to and growing. The deployment of a national Frank Murkowski, U.S. Senators, and the make that decision now. It does not missile defense system is necessary for pro- Honorable Don Young, U.S. Representative, mean we know the architecture, how members of the Alaska delegation in Con- tection from rogue nations such as North gress. long it will take. It does not mean that Korea and Iran. we should immediately abandon the Alaska is still on the front line, as it was dur- Mr. SPENCE. Mr. Speaker, I yield 4 ABM Treaty or have the Russians in ing the cold war, but today's threat is from the minutes to the gentleman from Penn- fact think we are trying to back them increase of important military technology, in- sylvania (Mr. WELDON), the chairman into a corner. Because some who will cluding nuclear, chemical, and biological of our Subcommittee on Research and support this bill want to keep the ABM weapons and ballistic missiles. In recent Development. Treaty until we can negotiate with the years, ballistic missiles and weapons of mass (Mr. WELDON of Pennsylvania asked Russians. So the bill was written in destruction technologies have increased at an and was given permission to revise and such a way as to allow a number of alarming rate. In fact, rogue states such as extend his remarks.) Members in each party to support it. North Korea and Iran have arsenals which are Mr. WELDON of Pennsylvania. Mr. Let me talk for a moment since we growing by the day. Alaska is within the sites Speaker, I thank the distinguished have now identified the fact that the of these rogue nations. chairman for yielding, and I want to threat has been verified by the intel- Residents of Alaska are concerned about thank both him and our distinguished ligence community. Some would say, the fact that there is no protection from the ranking member the gentleman from what about the cost? As I mentioned threat of a ballistic missile attack. The Alaska Missouri (Mr. SKELTON) and the gen- during the debate on the rule, we have state legislature recently passed a resolution tleman from South Carolina (Mr. today spent $9 billion on Bosnia pro- calling on the President and Congress to pro- SPRATT) for their leadership in working tecting the Bosnians and the people in vide for the common defense of our nation to bring a solid bipartisan resolution to the Balkans. and the deployment of a national missile de- the House floor. This system the President is pro- fense system. We not only owe it to Alaskans I want to set the tone, Mr. Speaker, posing would be less than or, at most, to protect them from the threat of a ballistic for the debate and why we are here, so equal to what we will spend in the missile attack, but to the entire United States. I want to outline for my friends why we Balkans, less than what we spend each Today, we can deliver on a policy that will are offering this bill at this time. year on environmental cleanup, less move the defense of our nation forward. I urge It was back in 1995, Mr. Speaker, that than one half of one percent of our your support of H.R. 4. the President of the United States ve- total defense acquisition budget. toed our Defense Authorization bill; Mr. Speaker I include for the RECORD a The third issue that is raised is this copy of the Alaska House Joint Resolution. and in his veto message, one of the key will destabilize our relationship with elements that he referred to was that HOUSE JOINT RESOLUTION NO. 8 IN THE the Russians. We heard that repeat- LEGISLATURE OF THE STATE OF ALASKA our intelligence community does not edly. This past weekend, eight of us, foresee a missile threat in the coming A resolution relating to a national two Democrats and six Republicans, ballistic missile defense system. decade. This is President Clinton. And along with Don Rumsfeld, former De- Be it resolved by the legislature of the he went on to say that we should not fense Secretary, the former CIA Direc- State of Alaska: force an unwarranted deployment deci- tor Jim Woolsey for President Clinton, Whereas the collapse of the Soviet Union sion then, which we had in our bill, and Bill Schneider, former Deputy Sec- has rendered obsolete the treaty constraints again with a bipartisan vote, and so he retary of State, traveled to Moscow and diplomatic understandings that limited vetoed the legislation. and we briefed the Duma on why we are the development and deployment of weapons Since that point in time, Mr. Speak- of mass destruction and their delivery sys- doing this. This is not about desta- tems during the Cold War; and er, the intelligence community, in sup- bilizing our relationship. Whereas the world has consequently wit- port of the Rumsfeld Commission’s I encourage my colleagues to support nessed during this decade an unprecedented findings, which were briefed to Mem- this bipartisan resolution and vote proliferation of sophisticated military tech- bers of Congress on the House floor ‘‘yes.’’ nology, including nuclear, chemical, and bio- today in an unprecedented 90-minute Mr. SPRATT. Mr. Speaker, I yield 2 logical weapons and ballistic missiles; and closed session, has stated the threat is minutes to the gentlewoman from Cali- Whereas the United States has recognized here now. fornia (Ms. LEE). that it currently has no means of protecting In fact, the intelligence community all of its citizens from attack by these new Ms. LEE. Mr. Speaker, I thank my threats and has initiated a program to de- publicly has said that North Korea, colleague for yielding me the time. velop and deploy a national ballistic missile with their test of a three-stage Taepo Mr. Speaker, I rise today in strong defense system; and Dong rockets on August 31 of last year opposition to H.R. 4. Simply stated, Whereas four locations in the state are demonstrated that it can put a small this bill is wrong. It does nothing to currently being considered as sites for de- payload with a chemical or biological advance our technological capability ployment of the intercept vehicles for this or small nuclear warhead into the to protect America. And even worse, it system; and heartland of the U.S., not to just Alas- could reverse ongoing efforts to dis- Whereas each of these locations provides ka or Hawaii, but to the heartland of the unmatched military value of a strategic mantle Russia’s nuclear arsenal. location from which Americans living in all the U.S. That is the first time we ever Today’s vote would wager America’s 50 states can be defended as required by the faced such a threat. national security. Our Nation would be United States Constitution; and With the Rumsfeld Commission and dependent on a nonexistent system Whereas, throughout Alaska’s history as a intelligence community now in total that has failed 14 out of 18 recent tests. territory and a state, Alaska’s citizens have agreement on the threat then, the If this bill actually becomes law, it will been unwavering in their support of a strong question is, let us make a deployment lock us into automatic deployment of a national defense while warmly welcoming decision so that we can move forward. national missile defense system with- the men and women of our armed forces sta- Unfortunately, the administration has out regard to cost to our taxpayers or tioned here; Be it resolved, That the Twenty-First Alas- chosen not to do that. This is the state- the system’s effectiveness or its impact ka State Legislature calls upon the Presi- ment of Defense Secretary Bill Cohen on relations with our allies. dent, as Commander In Chief of the Armed on February 1 of this year. This state- This bill is a blank check to defense Forces of the United States, to provide for ment says, and I would ask my col- contractors and a hollow promise to March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1423 Americans who are rightly concerned report was issued, served as unambiguous we should not do it. That did not hap- about our national security. However, demonstration of North Korea's capability. The pen. Then later on we got into some- instead of spending billions of dollars threat emanating from unfriendly rogue nations thing we called ‘‘nuclear freeze,’’ and committing to deploy a system that is like North Korea is why I strongly support this some people stood on floor and said, if unlikely to work undermining our na- legislation. we do that, the other nations will have tional security, we should focus on de- Unfortunately, opponents of this bill argue to go along with this, as the Soviet fense initiatives we know will make that the U.S. is not ready to deploy missile de- Union. Fortunately, we did not do that American families safer, conducting fense and that the system is not technically one either. tougher arms control and verification mature. Others will say, the system is too Then we got into something called measures, continuing the dismantling costly and that the bill mandates deployment Krasnoyarsk, and that is where many of Russia’s nuclear weapons, engaging and ignores important issues such as the people were saying they do not have in a coordinated effort against ter- threat environment, ABM treaty implications that radar in violation of the treaty. It rorism, and making sure our troops and START agreements. To those who op- turned out they did. And when they have the training, equipment, and pose this legislation on these grounds, I say came down, they even acknowledged quality-of-life programs that they need the language of the bill is simple. It states: that they did. and deserve. ``That it is the policy of the United States to Now we find ourselves in a position Finally, this vote really sends the deploy a national missile defense.'' where people are standing up and say- wrong message at the wrong time. What is important is that it does not say that ing, Mr. Speaker, the Cold War is over. Why, Mr. Speaker, are we pushing this missile defense should be deployed before it There is nothing more to worry about. vote just days before the Russian is ready or technically mature. It does not say Where have they been? What about Prime Minister is set to arrive in that the U.S. should deploy a missile defense Iraq, Iran, China, Korea, all of these Washington in the midst of U.S. efforts system regardless of cost or that policy mak- particular areas that are still doing to negotiate modifications to the ABM ers should ignore the threat environment. Per- these things? Treaty and just as the Russian Duma haps most important, the bill does not say that I think it interesting as we hear the has asked President Yeltsin to start the U.S. should abrogate the Anti-Ballistic Mis- President and other dignitaries stand the ratification process for START II? sile (ABM) Treaty nor does it say the U.S. up and they say there are no missiles We must be vigilant in our attempt should abide by the treaty. pointed at the United States. Past Di- to keep efforts on track to reduce nu- H.R. 4 simply says the Congress and the rector of the CIA, Jim Woolsey, stood clear weaponry. We must not allow this Administration are committed to protecting up at one time and made this state- bill to turn back the clock on these ef- American citizens against ballistic missile at- ment. ‘‘How long would it take to re- forts. For these reasons, I urge the tack. program those missiles?’’ He used this House to reject H.R. 4, reject the auto- The White House says that it wants to pro- example. He said, ‘‘As long as it takes matic deployment of weapons derived tect the American people against the emerging my arm to go from here to there.’’ So of latter-day Star Wars mentality, and, long-range threat and asserts that the decision big deal that they are not programmed if necessary, call on the President to to deploy National Missile Defense will be at us. Basically, they think that we veto this bill. based on four factors: (1) the threat environ- think that they are. Mr. SPENCE. Mr. Speaker, I yield ment; (2) the cost of the system; (3) treaty im- Does anyone in their right mind ac- such time as he may consume to the plications, and; (4) the technology and oper- tually think Saddam Hussein if he had gentleman from California (Mr. LEWIS), ational effectiveness of the system. these weapons of mass destruction the chairman of the Subcommittee on If handled in an expeditious manner, it is my would not use them against the United Defense Appropriations. view that this is not an unreasonable list of States of America? What is it they (Mr. LEWIS of California asked and considerations. In fact, as Chairman of the Ap- need? The weapon of choice in a rogue was given permission to revise and ex- propriations Subcommittee on Defense I will nation happens to be a missile. They do tend his remarks.) be very interested in the cost of the system. not need big armies. They do not need Mr. LEWIS of California. Mr. Speak- Therefore, I believe this bill is an opportunity big navies. They do not need a big air er, I would like to very much express to get bipartisan agreement on a critical policy force. So what do they need? They need my appreciation to our chairman, the and yet it is flexible enough to allow for contin- a missile. And we know they have a gentleman from South Carolina (Mr. ued discussion on matters concerning cost, missile. They need a warhead. And we SPENCE), and the gentleman from Mis- technology and treaty implications. know that they have a warhead. And souri (Mr. SKELTON) for the wonderful The time is right to secure an agreement on we know that they have a guidance work they have done. And congratula- the policy of protecting our citizens against a system. tions to both the gentleman from potential limited ballistic missile attack. I com- I would urge my colleagues to sup- Pennsylvania (Mr. WELDON) and the mend Mr. WELDON for introducing this legisla- port the resolution and this bill. gentleman from South Carolina (Mr. tion and I strongly urge Members to vote for Mr. SPRATT. Mr. Speaker, I yield 2 SPRATT) for their bipartisan effort. the bill. minutes to the gentleman from Cali- Mr. Speaker, I rise in support of H.R. 4. This Mr. SPENCE. Mr. Speaker, I yield 2 fornia (Mr. SHERMAN). morning prior to the start of this debate, every minutes to the gentleman from Utah Mr. SHERMAN. Mr. Speaker, most Member had the opportunity to be briefed on (Mr. HANSEN). Americans have lived their entire lives the growing threat to Americans from ballistic (Mr. HANSEN asked and was given under the threat of nuclear Armaged- missiles. What is extremely alarming is the permission to revise and extend his re- don. At the conclusion of the Cold War, emerging threat posed by North Korea and marks.) many hoped that threat would subside. Iran. As we know, both countries are of par- Mr. HANSEN. Mr. Speaker, I appre- But today rogue states are developing ticular concern because they are actively ciate the gentleman yielding me this ballistic missiles and weapons of mass seeking to develop medium- to long-range time. destruction. ballistic missiles. In fact, with regard to North Mr. Speaker, there is a scripture that China has at least 18 ICBMs capable Korea, the Rumsfeld Commission issued a I believe in that goes this way: It says, of hitting the United States and is clear warning. Their report said: ‘‘If you are prepared, you shall not stealing our nuclear secrets. Russia has There is evidence that North Korea is fear.’’ thousands of tactical and strategic nu- working hard on the Taepo Dong 2 (TD–2) As a member of the Committee on clear weapons, and that society is fray- ballistic missile . . . the TD–2 could be de- Armed Services, the Cox Commission, ing at the edges in its ability to con- ployed rapidly . . . This missile could reach major cities and military bases in Alaska and a former member of the Committee trol each military unit that possesses and the smaller, westernmost islands in the on Intelligence, I find this a very inter- nuclear weapons and to control each of Hawaiian chain. Light-weight variations of esting debate that we find ourselves in. its scientific institutes is not assured. the TD–2 could fly as far as 10,000 km, plac- I remember the early 1980s we were Further, in addition to the risk of ing at risk western U.S. territory . . . from standing here debating something ICBMs, smuggling things into the Phoenix, Arizona, to Madison, Wisconsin. called the MX missile. I noticed how United States is demonstrably easy. A The actual launch of a three-stage Taepo many people stood up and said, this nuclear weapon is smaller in many Dong 1 in August 1998, just a month after that will enhance the risk and buildup and cases than a child. And one could only H1424 CONGRESSIONAL RECORD — HOUSE March 18, 1999 imagine a Saddam Hussein holding a can look their constituents in the eye payers’ money to develop this country press conference in Los Angeles where and say, ‘‘We shouldn’t try to build a on education, health care, transpor- one of his agents unveils that they system to protect you and your fami- tation, all the other things that we do. have snuck into my city a dummy nu- lies.’’ This program will spend about one- clear weapon while, God forbid, holding I have listened to the arguments tenth of 1 percent of that amount of a press conference in Baghdad dis- coming from the President over the money. The other 99.9 percent will be playing a real nuclear weapon. years who has opposed this and others otherwise spent. Missile defense can be one element of and they make some points. We need to This is a wise choice. I urge my col- our security, and this bill is broad consider all of these points. But, Mr. leagues to support this bill. enough to encompass a cost-effective Speaker, to not even try sickens me. I Mr. SPENCE. Mr. Speaker, I yield 2 approach toward missile security. But hope all Members will, when consid- minutes to the gentleman from New it is also broad enough so that it could ering their vote on H.R. 4, think about York (Mr. GILMAN), chairman of the be interpreted as spending all of our the people that sent them here to rep- Committee on International Relations. Mr. GILMAN. Mr. Speaker, I thank available security resources on missile resent them but also sent them here to the distinguished chairman of the Com- defense. We instead must devote some protect them from things like this. mittee on National Security for yield- of those to diplomatic efforts to ensure That building across the river over there that we call the Defense Depart- ing me this time and for bringing this international support of nonprolifera- measure to the floor at this time. ment, I have always thought it curious tion. I am pleased to express my strong that we called it the Defense Depart- b 1415 support for this important legislation, ment but it cannot defend us against We must spend resources on counter- H.R. 4, a bill which declares our Na- the number-one threat to America tion’s policy to be able to deploy a mis- intelligence. We must spend resources today. on domestic security so we are con- sile defense. Mr. SPRATT. Mr. Speaker, I yield 2 Each of us, after hearing this morn- fident that biological poisons cannot be minutes to the gentleman from New ing the findings of the Rumsfeld Com- surrepetitiously entered into our water Jersey (Mr. ANDREWS). mission, more fully understands the ex- supply. We must spend funds on border (Mr. ANDREWS asked and was given tensiveness and the seriousness of our security so that the chance that a nu- permission to revise and extend his re- national security concerns. Each of us clear weapon that is sought to be marks.) understands that the ballistic missile smuggled into America is caught in Mr. ANDREWS. Mr. Speaker, I thank threat is growing and presents not only that process is at least as good as the the gentleman for yielding me this a danger to our men and women de- possibility that an ICBM aimed at time. I want to congratulate the gen- ployed overseas but also now to our America would be destroyed. We must tleman from South Carolina (Mr. citizens here at home. Each of us un- cooperate with Russia as well. SPRATT) and the gentleman from Penn- derstands that today our Nation does Mr. Speaker, I look forward to the sylvania (Mr. WELDON) for their bipar- not have the capability to defend our- adoption of this resolution and its rea- tisan and tireless effort to bring this selves against a ballistic missile at- sonable interpretation. legislation to the floor and thank our tack. Mr. SPENCE. Mr. Speaker, I yield 2 committee leadership, the gentleman Today, we take important action to minutes to the gentleman from Colo- from South Carolina (Mr. SPENCE) and address this threat. Coupled with the rado (Mr. HEFLEY), chairman of the the gentleman from Missouri (Mr. vote in the Senate yesterday, we can Subcommittee on Military Installa- SKELTON), for giving us this oppor- now assure the American people that tions and Facilities. tunity. we are moving ahead with the deploy- Mr. HEFLEY. Mr. Speaker, I rise in The Constitution says that one of our ment of an appropriate national mis- strong support of this bill and com- foremost responsibilities is to provide sile defense shield. mend the leadership for bringing this for the common defense. I do not think Today’s vote is timely for another issue to the floor today. I thank my there is a Member here who does not reason. Just yesterday, a senior White colleagues on the other side of the aisle hold in his or her heart that responsi- House official concluded that Chinese who will have the courage to vote to bility very highly. But there will be espionage at our U.S. nuclear labs fa- declare it the policy of the United those who argue that this is not the cilitated their efforts to modernize States to deploy a national missile de- right way to provide for the common China’s nuclear capability, thereby im- fense. defense. I respectfully submit that they proving the ability of Chinese missiles Mr. Speaker, in my district, Colorado are wrong. This is the right way to pro- to strike American cities. Springs is ground zero for the missile vide for the common defense. Some say Even more alarming is the possibility launch warning and tracking system that the risk is not there or we are ex- that China will pass on nuclear secrets for the United States military. I have aggerating it. I believe that our best to other nations, such as Pakistan and visited the incredible facilities at judgment from our best intelligence North Korea, as it has repeatedly done NORAD, Cheyenne Mountain, the U.S. compels us to conclude otherwise. before. Many deserve credit for this vote Space Command, and Schriever Air Some say the technology will not work today, but I want to single out the gen- Force Base on many occasions. yet. They are right. But the technology tleman from Pennsylvania (Mr. In fact, on one occasion when I vis- for virtually every major weapons sys- WELDON) who has tirelessly and stead- ited NORAD, they put me in front of a tem did not work in the early stages. fastly worked to educate all of us and monitor and they simulated an attack The technology for our space program the American people on the necessity on the United States. A missile came did not work in the early stages. The to deploy a ballistic missile defense over the polar region from the Soviet technology of corporate America rare- system. Union and they told me what that mis- ly works in the early stages. Tech- Mr. Speaker, H.R. 4 is a simple, sile was, what its explosive power was, nology never works if you do not try. straightforward, 15-word bill. But its where it was going to hit, and I said, This is about trying to make this tech- simplicity belies the profound implica- ‘‘This is magnificent. This is state of nology work. tions it has for our Nation. Accord- the art. What do we do now?’’ And they Others will say that other priorities ingly, I urge all Members to fully sup- said, ‘‘Nothing.’’ They said we might be should take precedence over this provi- port this legislation. able to warn, give a short warning to sion for the common defense. There are Mr. SPRATT. Mr. Speaker, I yield 2 some of the people that are going to be other important priorities. There is no minutes to the gentlewoman from Illi- killed by it, but not enough warning priority more important than defend- nois (Ms. SCHAKOWSKY). for them to escape. We can do nothing. ing this country from attack. Because Ms. SCHAKOWSKY. Mr. Speaker, as I do not think most of the American nothing else we do is possible if we fail a new Member of Congress and as a people realize that. to defend the country from attack. And mother and as a grandmother, I take I wonder how it sits with the Amer- how much are we asking to invest in deadly seriously the decision to com- ican people. I wonder how my col- this? Over the next 5 years, we will mit the United States to the deploy- leagues who are opposed to this policy spend about $10 trillion of the tax- ment of a missile defense system. I see March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1425 this proposal as nothing more than the this globe like Mr. Khadafi who will rogue state or a terrorist group is far beginning of Cold War II. And for me it take that bet. They will go along with more likely to deliver a bomb or a is not just about the money, and it is mutually assured destruction. Mr. chemical or biological attack in a suit- not just about whether an antimissile Khadafi has said that if he had the mis- case, a subway train, as was done in defense system works, although we siles when we backed him down in the Japan, or in a Ryder truck. have already spent $55 billion and we Gulf of Sidra, he would have fired on Second, it will divert resources from still have not developed a technology New York City. Unfortunately, because other neglected defense programs. Over that will work, and it is not just about of arms sales and the proliferation of the past several months, we have heard whether it is truly defense. The fact is missile technology, Mr. Khadafi may compelling and professional testimony that America’s borders and ports are well soon have the ability to carry out from the heads of all uniformed serv- open to penetration at much less cost what he has stated that he will do. ices on many other emerging threats to and much less risk. So even if we could Now, can we hit a bullet with a bul- our armed forces, from laser tech- develop a bullet that could hit a bullet, let? Well, yes we have done that. In nology that can blind our pilots to so- it still remains not the best and most fact, when Adolf Hitler fired the first phisticated computer attacks. And direct route from here to security. missiles, those slow cruise missiles every one of the service chiefs has spo- We should begin that journey by can- that he called buzz bombs at London in ken of the immediate need to provide celing plans to proceed with the de- World War II, within a few weeks we adequate pay and benefits for our most ployment of a national missile defense designed a system to hit those slow- important military asset, our people in system, because it is in our security in- moving bullets with other bullets, with the military service, thousands of terest to do so. Then we could put more real bullets, and shoot them down. whom still depend on food stamps to emphasis on measures to reduce stra- When we had American troops shot at provide for their families. tegic arsenals around the world. For by those Scuds, which are ballistic mis- b 1430 example, we could apply some of those siles, we hit those bullets with bullets, Instead of addressing these issues billions of dollars to programs like the albeit slow bullets, we shot them down. today, here we are debating spending Nunn-Lugar program to assist the Rus- Can we shoot down faster bullets? Ab- billions and billions and billions of tax- sians in dismantling nuclear weapons. solutely. With a computing power that payers’ dollars for the return of Star Make no mistake about it, a military is millions of times above what it was Wars. buildup, which is what this is, brings us just 10 or 12 or 15 years ago, of course Third, deploying a national missile closer to war. we have that capability. But as long as defense system jeopardizes the START My granddaughter, Isabelle, cele- we have conditions in our authoriza- process. brated her first birthday this week. For tion bills that say you can research To quote one commentator: ‘‘The her sake, we must put our energy, our and develop forever but don’t ever only thing this national missile defense resources, our intelligence and our dol- build anything, of course we never will system is ever likely to intercept is lars into actively, proactively pursuing build anything. billions of taxpayer dollars.’’ peace. Finally, every time a threatening Mr. SPENCE. Mr. Speaker, I yield 2 Mr. SPENCE. Mr. Speaker, I yield 3 system has come before this country, minutes to the gentleman from Cali- minutes to the gentleman from Cali- has faced this country, whether it was fornia (Mr. MCKEON). fornia (Mr. HUNTER), chairman of the the advent of the machine gun, or the Mr. MCKEON. Mr. Speaker, I rise in Subcommittee on Military Procure- tank, or radar, or enemy aircraft, we support of H.R. 4, and I want to thank ment. have built defend against those sys- the gentleman from South Carolina Mr. HUNTER. Mr. Speaker, I think tems to protect our people. If we do not (Mr. SPENCE) and the gentleman from there is one thing that housewives and build a system to defend against in- Missouri (Mr. SKELTON) for their lead- our other citizens across the Nation coming ballistic missiles, we will have ership in getting this bill to the floor. need to know, because I have sat in turned down that most important duty As my colleagues know, I grew up at focus groups and listened to them say for the first time in our history. a time when we had a worldwide over and over again that they thought Mr. SPRATT. Mr. Speaker, I yield 2 threat. I can remember when I was that there was a defense. And interest- minutes to the gentlewoman from going to school and our teachers would ingly, the mothers of this Nation seem Georgia (Ms. MCKINNEY). call drop drills, and we had to dive to be the most outraged when the mod- Ms. MCKINNEY. Mr. Speaker, I rise under our desk and turn away from the erator tells them, no, there is no de- in opposition to H.R. 4. I think we all windows. We lived in constant threat of fense. They say, ‘‘Well, that’s out- know and I think the American people nuclear attack. Lately that threat has rageous. Of course our country has a know that the issue before us is as seemed to have disappeared, and the defense against incoming ballistic mis- much about politics as it is about a President said in the State of the siles.’’ meaningful debate over national secu- Union that we were safe, that we were Now, it has been argued over and rity policy. It appears to me that the not under any threat of nuclear attack, over that we have spent $120 billion and Republican Party views missile defense and polls say that 70 percent of the we have not produced or built any sys- as a good issue for the year 2000 elec- people of our country feel that we are tem. Well, that is because every bill tions. How else could we find ourselves safe from nuclear attack. that we have put forward that has au- in the sorry position of being asked to But I want to thank the gentleman thorized expenditure of money has spe- write a blank check to build a system from Pennsylvania (Mr. WELDON) for cifically kept that money from going that is unproven, that threatens to un- making the truth known and the gen- toward production. We have said in dermine the arms control efforts of the tleman from South Carolina (Mr. every authorization bill and every ap- last six administrations, that could SPRATT) for joining him in a bipartisan propriation bill, you can research, you easily be thwarted, that could lead to a way. can do all kinds of analysis, you can’t second nuclear arms race, and would Mr. Speaker, we do not live in a safe build anything. So now the opponents divert billions of dollars from other ne- world. The defense of our Nation, of national missile defense say, well, glected defense and nondefense pro- which is one of our fundamental re- we haven’t built anything. Well, that is grams? sponsibilities in the Constitution, is an right, and that is why the bill of the This is certainly a prime example in issue that should unite all Americans gentleman from Pennsylvania (Mr. my opinion of dumb public policy. regardless of ideology. Less than 1 per- WELDON) is on the floor today, to move Apart from squandering billions of dol- cent of our defense budget is spent on the country forward in a unified man- lars on a system that has not been suc- research to develop a national missile ner and build something. And for those cessfully tested, this proposal poses a defense capability, yet the threat we folks like the gentlewoman who just threat to our national security in three are facing is growing. Russia and China spoke who say that they will rely on other ways: First, it provides a false are selling missile technologies to na- mutually assured destruction, the sense of security while doing nothing tions such as Iran and North Korea problem that we have now is that it ap- to combat perhaps our most pressing bringing these last two countries closer pears that there are certain people on security threat, which is terrorism. A to producing their own missiles. H1426 CONGRESSIONAL RECORD — HOUSE March 18, 1999 The threat to our national security whether that threat is going to grow in over the next 5 years for military and the security of our citizens is real. the future. No one seriously questions spending. We do not have drop drills now, but whether the American people want and And we have young families all over perhaps we should until we get this in fact demand a defense against those America who look forward to sending missile defense system deployed. missiles, which even the administra- their kids to college; no money avail- H.R. 4, which was passed overwhelm- tion now seems to acknowledge. able for Pell grants, yet more money ingly by the House Committee on Mr. Speaker, if the national security available for Star Wars, for B–2 bomb- Armed Services, is an appropriate re- is the first responsibility of the Federal ers, for every defense system that the sponse to this threat. I urge a yes vote Government and if protecting the military industrial complex wants. on H.R. 4. homeland of the United States and the Now I have heard that we are spend- Mr. SPRATT. Mr. Speaker, I yield 2 people of the United States is the first ing very little so far on defense, on un- minutes to the gentlewoman from Cali- job of national security, then I do not derstanding, on research for the missile fornia (Ms. WOOLSEY). know of any program that ought to be defense program. If we have $300 billion (Ms. WOOLSEY asked and was given higher on the priority list than this in the defense budget now and we do permission to revise and extend her re- one. The question is do we in Congress not even have a Soviet Union out there marks.) and does the administration really to oppose us, why do we not take some Ms. WOOLSEY. Mr. Speaker, maybe I mean what we say in this resolution? of that money rather than asking us am just too simple, but today’s debate, Are these words merely a way to try to for more? The United States today today’s argument for an extended mis- deal with a political problem and the spends $300 billion, NATO spends $200 sile defense system, takes me back to polls, or do they mean something, and billion, North Korea spends less than $3 the 1950s when I was in school. At least are they going to be backed up with ac- billion. weekly while I was in grade school tion? Take what we have and spend it wise- every student and our teachers went Since 1983, we have heard a million ly. under our desks to practice protection excuses about how we could not do this Mr. SPENCE. Mr. Speaker, I yield 2 against the atom bomb. Mr. Speaker, I or we should not do this. Even today minutes to the gentleman from Kansas can assure my colleagues we have a we hear excuses. But we cannot give (Mr. RYUN). false sense of security, and it all came Russia or anyone else a veto over our Mr. RYUN of Kansas. Mr. Speaker, from these exercises. Now I question right to defend ourselves, we cannot be most Americans believe the United just how safe we could be with this afraid of test failures, and we certainly States military has the ability to de- missile defense technology against cannot be fooled by those few people fend our country against a ballistic rogue States. who say that by weakening ourselves missile attack. However today the Mr. Speaker, what are we really in- we are really making ourselves strong- United States does not have the capa- vesting in? I fear what we will be in- er. bility to shoot down one single vesting in is a false sense of security. I Mr. Speaker, the time for excuses has ballistic missile. would suggest that instead we invest in ended. The time for action is now. The Mr. Speaker, I ask why have we true security. We can spend our scarce time to back up these words with real failed to develop this capability? Is it Federal dollars on technologies to pro- actions that protect the American peo- because the threat of a ballistic missile tect us from the unknown, or we can ple is today. attack disappeared with the fall of the use these scarce resources to keep our Mr. SPRATT. Mr. Speaker, I yield 2 Soviet Union? Absolutely not. Since country secure by investing in humani- minutes to the gentleman from the end of the Cold War, the threat of tarian relations with other nations Vermont (Mr. SANDERS). a ballistic missile attack against the around the world. (Mr. SANDERS asked and was given United States has become more serious For example, if we want to get seri- permission to revise and extend his re- and more difficult to anticipate. ous about our nation’s defense, we marks.) Through the continued proliferation of should be investing in programs that Mr. SANDERS. Mr. Speaker, I thank key missile technologies by China and will prepare us to confront the inter- the gentleman for yielding this time to Russia, rogue nations around the globe national challenges we actually face me. have acquired long-range ballistic mis- and keep nuclear materials out of the Mr. Speaker, this debate is about sile technology that now puts the hands of terrorists and rogue nations. whether, after spending $140 billion on United States in jeopardy. This is a more effective tool for non- missile defense programs over the last Mr. Speaker, in 1995 the current ad- proliferation than Star Wars will ever 40 years, we continue to spend billions ministration did not foresee a long be. This is where we should be invest- more. But this debate is about much range ballistic missile threat for at ing our scarce dollars. more than that. Given the fact that least a decade. The administration’s There is an even greater way that we there is a limited amount of funds opinion has now changed. General Les- can invest and that we can ensure na- available for our needs, let me tell my ter Lyles, the Pentagon’s Director of tional security. We can invest in our colleagues what this debate is also the Ballistic Missile Defense Organiza- children. Education is truly the cheap about. This debate is whether millions tion, confirmed the threat to the defense of our Nation and all nations. of senior citizens today who cannot af- American people by saying this, and I By investing in education of our chil- ford the prescription drugs they need quote: dren, we will ensure that they are pre- to ease their pain or stay alive are We are affirming the threat, it is real pared for a high-tech global economy, going to get those prescription drugs or today and it is growing. they will be prepared to work for whether we continue to spend even Mr. Speaker, these are not reassuring peace, and they will know that weap- more on the military. That is what this words, and they are disturbing words ons of mass destruction and ballistic debate is about. that relay a disheartening message to missiles can destroy every human This morning, Mr. Speaker, I at- the American people. Detractors of a being on this Earth. tended a committee meeting with rep- missile defense system spread the ru- Mr. SPENCE. Mr. Speaker, I yield 2 resentatives of all of the veterans orga- mors and the myths that a national minutes to the gentleman from Texas nizations, and they said what is abso- missile defense system would cost too (Mr. THORNBERRY). lutely true, that this Congress has been much to deploy. It has cost this admin- Mr. THORNBERRY. Mr. Speaker, disgraceful in ignoring the needs of our istration an estimated $19 billion over 6 thanks to the work of the gentleman veterans and our Veterans Administra- years to support its peacekeeping mis- from Pennsylvania (Mr. WELDON), the tion hospitals, and they are begging us sions. Compare that to the estimated chairman of the committee, the gen- for a few billion dollars more to protect $10 billion that it will cost the United tleman from California (Mr. HUNTER), our veterans so that we do not turn States over the next 6 years to protect others and the Rumsfeld Commission, them away from our VA hospitals. But American lives from a long-range no one seriously questions whether we over and over again we hear there is no ballistic missile attack. are threatened today by the spread of money available for our veterans; but, Mr. Speaker, China, North Korea, missiles, nor does anyone question yes, there is $150 billion more available Iran, Iraq, Libya have all acquired the March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1427 technology to deploy ballistic missiles not find the money to protect America Korea are a stark reminder that the against the United States. H.R. 4 is the against a missile attack? The fact is fall of the Soviet Union has not led to first step that must be taken if the the costs to deploy a national missile an absence of threats to our national United States wishes to protect its defense capability will amount to less security. Indeed we still live, and as population against an existing ballistic than the amount this administration people have said, in a very dangerous missile threat. has spent on peacekeeping deployments world. We must continue to make this I commend the diligent work done by over the past 6 years. Nation’s defense our number one pri- my colleagues, the gentleman from Mr. Speaker, a vote for H.R. 4 is a ority. Pennsylvania (Mr. WELDON) and the vote to protect and defend the citizens While the United States has con- gentleman from South Carolina (Mr. of this great Nation. ducted research on missile defense for SPRATT). b 1445 years and possesses the technology to Mr. SPRATT. Mr. Speaker, I yield 1 protect the American people from a minute to the gentleman from Ala- Mr. SPRATT. Mr. Speaker, I yield 2 ballistic missile attack, most Ameri- bama (Mr. CRAMER). minutes to the gentleman from Geor- cans are outraged to discover that po- Mr. CRAMER. Mr. Speaker, I rise gia (Mr. LEWIS). litical foot-dragging has prevented today in strong support of H.R. 4 and Mr. LEWIS of Georgia. Mr. Speaker, such a defense system from being put urge its support by my colleagues. This one out of every five children lives in in place. is a simple resolution that above all poverty. Over 40 million Americans Clearly, it is time for Congress and else is a statement about the reality of have no health insurance. One out of the President to make a commitment the world in which we live. I was every three public schools is falling to deploy a national missile defense. pleased to join the gentleman from apart. Spending billions of dollars on Additional excuses and further delay Pennsylvania (Mr. WELDON), my col- missile defense does nothing to solve will only weaken our national security league on the other side, in a very im- these problems. and endanger American lives. portant trip to Russia this past week- In the words of Dwight D. Eisen- With rogue nations like Iran, Iraq end with the gentleman from Texas hower, every gun that is made, every and North Korea working feverishly to (Mr. TURNER), who will speak on this warship launched, every rocket fired develop weapons of mass destruction issue as well. We delivered a message signifies a theft from those who hunger and the missile technology to deliver to the Russian Duma about ballistic and are not fed, those who are cold and them inside the United States, there is missile defense and the fact that we are not clothed. simply no justification for leaving the will protect the shores of this country. President Eisenhower, a Republican, American people vulnerable any This is not a violation of our treaty had the experience and the wisdom to longer. Cast votes in favor of a strong, with Russia. appreciate the cost of the military to secure America. Vote for H.R. 4. The Cold War is over, but the threat our society. It is the price we paid dur- Mr. SPRATT. Mr. Speaker, I yield is there. Listen to the words of the ing the Cold War because we had to. myself 11 minutes. Rumsfeld Commission. We have in- Mr. Speaker, that threat is no more. (Mr. SPRATT asked and was given vested billions of dollars in technology There is no need for a missile defense, permission to revise and extend his re- to try to protect the shores of this for spending billions of dollars on some marks.) country. The only responsible thing to pie in the sky boondoggle. Mr. SPRATT. Mr. Speaker, I have do is to now deploy. To vote for deploy- This May, the sequel to the film Star followed this issue for a long time, ment is to begin to protect the shores Wars will be released. It is called The since chairing a panel of the Com- of this country from missile threats Phantom Menace. mittee on Armed Services in the mid- from rogue nations. It is our responsi- Mr. Speaker, today we are debating 1980s on SDI for 4 years, and I want to bility to do so. whether to build a sequel to Ronald put this whole matter in some context, I thank the gentleman from Pennsyl- Reagan’s Star Wars system. It too explain to my friends who do not un- vania (Mr. WELDON), I thank the gen- should be called The Phantom Menace. derstand why I am supporting this sim- tleman from South Carolina (Mr. This Phantom Menace defense sys- ple bill. SPRATT) for their leadership, and I urge tem will cost at least $20 billion and In March of 1983, Ronald Reagan Members to support H.R. 4. protect us against a threat that simply launched the strategic defense initia- Mr. SPENCE. Mr. Speaker, I yield 2 does not exist. tive, and with it a charged debate. The minutes to the gentleman from North It is time to recognize the peace divi- arguments over the old perennials of Carolina (Mr. JONES). dend, to redirect our priorities and in- the Cold War, the ASATs and the B–2 Mr. JONES of North Carolina. Mr. vest in our people, not in weapons. and the MX, ended long ago but this Speaker, the Cold War is over, and yet Make no mistake, a dollar more for one smolders on. Unlike any other America is less safe. Here are the facts. missile defense is a dollar less for weapons system I have seen in the time Iran conducted its first flight test of a health care, for education and for food. that I have served here, this one has medium range ballistic missile last This Phantom Menace missile defense become a political totem. Its advocates year, an entire year earlier than the in- system will not educate the unlearned. not only disagree with its opponents telligence community had predicted. It will not provide hope for the hope- but they accuse them of leaving the North Korea continues to develop and less, food for the hungry or medicine country vulnerable to missile attack. test a ballistic missile with long-range for the sick. They diminish the fact that deterrence capabilities that would pose a direct I urge my colleagues, do not choose worked for all of the Cold War and they threat to much of the continental bullets over babies, bombs over books, act as if missile defenses were almost United States. In 1996, a Chinese gen- missiles over medicine. off the shelf, available to shield the eral threatened the destruction of Los Let it be the policy of our great Na- country, the whole country, from at- Angeles, and today China has 13 of its tion to beat our swords into plow- tack, when this capability is far from 18 missiles pointed at United States shares, to invest not in the instru- proven and may never be attained. cities. ments of war but in the dividends of On the other hand, opponents accuse Mr. Speaker, our national security is peace, in education and health care, in the advocates of firing up the arms threatened, and to the surprise of most hope and opportunity, in our children, race again. They give too little credit Americans our United States military our families and our future. to the advantages of defending our- cannot destroy one, not one incoming Vote no on the remains of a bygone selves against nuclear attack and mov- missile. age. Vote no on this resolution. ing away from massive retaliation, mu- Americans are just now learning the Mr. SPENCE. Mr. Speaker I yield 1 tual destruction, complementing deter- frightening truth. The Clinton admin- minute to the gentleman from Michi- rence with defense. istration has lulled the United States gan (Mr. KNOLLENBERG). Today, the House takes up that mis- citizens into a false sense of security. Mr. KNOLLENBERG. Mr. Speaker, I sile defense debate again, this time How can we afford to send U.S. troops rise in very strong support of H.R. 4. with a resolution that is notable for its to Bosnia and now Kosovo, but we can- Recent showdowns with Iraq and North brevity, if nothing else, that it is the H1428 CONGRESSIONAL RECORD — HOUSE March 18, 1999 policy of the United States to deploy a developed space-based infrared sensors The next is a limiting condition that national missile defense system. Of first known as Space and Missile the SDIO acknowledged in the 1992 re- course the United States has deployed Tracking System, now known as port. Because of the radiation and the a national missile defense system. SBIRS Low and SBIRS High. heat and the electromagnetic effects We spent $15 billion in today’s money We even went into interactive dis- that are generated when an RV is de- building Sprint and Spartan and set- crimination with an esoteric tech- stroyed with a nuclear warhead inside ting up Safeguard at Grand Forks, nology called the neutral particle it, SDIO decided that it could not pos- North Dakota, only to shut the system beam, which would have been based in tulate the destruction of more than 200 down in 1976. Even then the Pentagon space. oncoming RVs at any given time. did not quit spending in missile de- Now let me emphasize, not all of If we were attacked by an adversary fense. these pursuits took us down blind as sophisticated as Russia, with an ar- In the year Reagan made his speech alleys. Not all of this money was wast- senal as large and diverse as theirs, the and launched SDI, the Pentagon put ed, not by any means. The ERIS, for first wave attack could easily exceed $991 million in its budget for missile example, was bypassed for a better in- 200 RVs. So nobody should assume that defense and that sum was budgeted to terceptor but the projectile that the we are anywhere close to protecting rise annually to $2.7 billion by 1988, Army developed for the ERIS, the Exo- the whole American continent from most of it to go for protecting MX mis- atmospheric interceptor called the ballistic missiles. We are not even siles in their silos. LEAP, is now on the top of the Navy’s close to that. After the eighties, the mid-eighties, upper tier system. It has been used Now, H.R. 4 says it is our policy to the defense budget, as all of us know, there. develop a national missile defense. The barely kept up with inflation. With The Army has a system called the mid-course interceptor is clearly the Ronald Reagan pushing it, SDI kept on THAAD, which intercepts in the at- candidate for this mission. This is not increasing, rising so fast that within 4 mosphere. In the atmosphere, there is a a system, however, that will render nu- or 5 years of his speech SDI was the lot of friction. That system, the clear weapons impotent and obsolete. If largest item in the defense budget, a THAAD, has a sapphire window aper- we have learned anything over the past big defense budget. ture on it developed for the HEDI. 16 years, we have learned that a leak- At nearly $4 billion, SDI was getting So we have used the technology for proof defense is so difficult it may almost as much as the entire research other systems and it has evolved for- never be attained. and development account of the United ward. We have made progress with this H.R. 4 calls for a national missile de- States Army. $50 billion. fense, but the committee report ac- Sixteen years have passed and the After the Gulf War, SDIO eventually knowledges that this is a system that Defense Department has spent some $50 evolved into BMDO, and BMDO had will protect us against limited strikes. billion on ballistic missile defense and theater missile defense and strategic By limited strikes what we mean is up has yet to field a strategic defense sys- defense, a bigger plate and less money. to 20 oncoming RVs. tem. Now by anybody’s reckoning, that It decided it had to put its money There is a legitimate concern, I is real money. where it would pay off so it started think, that Russia may react adversely It is hard to claim, with this much taking assessment of what worked and to this but, in truth, Russia has noth- spent, that the absence of a deployed what did not work. The first thing they ing to be concerned about here because system is due to the lack of commit- did was discard lasers because lasers this system would not begin to defend ment. The problem is more lack of were too futuristic. Ground-based la- us against the threat that the Russians focus than a lack of commitment or sers are hard to propagate in the at- still pose to us. That is why we should lack of funding. Plus the fact, the plain mosphere without distortion. Spaced- not push too hard. That is why we hard fact, that this task is harder than based lasers in fixed orbits are easy to should not be talking about breaching Ronald Reagan ever realized. counter attack, hard to power. They the ABM Treaty, because START II Early on, the architects of strategic were discarded. and START III are still more impor- defense decided that it had to be lay- Boost-phased interceptors are also tant to us, to our security, than ered; one layer would not do. The sys- vulnerable to attack if they are in launching this NMD system with its tem had to thin out some missiles in fixed orbit in space, and given the fact limited effectiveness. the boost phase as they rose from their that there have to be so many on tar- The merit of this bill to me is, as I silos. It had to take out some reentry get on station all the time, we need have said, not what it says but what it vehicles in the mid-course as they trav- thousands of them, literally thousands does not say. It is simple. It does not eled through space, and the remainder launched to do the job. say that the technology is in hand. It had to be taken out as they descended Even if all of these problems could be does not try to prescribe what we in the atmosphere to their targets. overcome, for boost-phased intercep- should do. It leaves that to be worked So the Pentagon developed a whole tors they could still be outrun by mis- out in time. It just commits us, focuses family of systems. There was the Endo- siles like the SS–24 which had a boost- us on a deployable system. atmospheric interceptor, and Exo-at- phase burnout time of 180 seconds. It does not mandate a date for de- mospheric interceptor, a terminal in- Why go through all of this? Because ployment. It does not call for the revi- terceptor. There was Space-Based Ki- it shows the frustration of these ef- sion of the ABM Treaty. It simply says, netic-Kill Vehicles which later became forts. We are not here today because we let us focus on getting something done. Brilliant Pebbles. All of those were ki- have not had the will to do it. We have Let us see if we cannot bring to fru- netic killers, which meant they were spent the money. We have pursued ition a system that will at least give us designed to collide head on with their these things. We simply have not yet limited protection against a ballistic targets. been able to prove that the system can missile attack. Since hitting a target that is moving work. Then we can, first of all, reap some 7 kilometers a second is a daunting Where we have ended up is with return on the $50 billion we have spent. task, to say the least, SDI put some ground-based interceptors, mid-course Secondly, with a treaty complaint sys- money into an alternative technology: interceptors. These have the merit of tem we can tell what its potential is, Directed energy. being treaty compliant. They are tech- test its practical potential. That is the At one time, the SDI program sup- nically mature. They are clearly the only way we can find out if we can ported five different laser systems, best candidate to go first, but nobody overcome the countermeasures of de- space-spaced and ground-based. Since should think that they answer Ronald coys and balloons and all the other missile defense requires better acquisi- Reagan’s dream. The first problem things that can lure these interceptors tion of targets, better tracking, and a they face today and 15 years ago is off track. means of discriminating real targets countermeasures in the form of decoys b from decoys, SDI had to put money and chaff and RVs that are attached to 1500 into those systems, too. We developed a and enveloped in balloons which lure Thirdly, this technology that we are pop-up system, known as the GSTS. We the interceptors off course. talking about is not on a continuum March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1429 with theater missile defense, and we all up until recently, through and through. raise false promise that we will live agree in this House that that is some- I find it shocking, though not really happily ever after in the event of a nu- thing we should do, having seen the surprising, that Russia has the only clear attack. Forsaking that para- consequences of it in the Gulf War. real missile defense system, and that mount goal constitutes a tragic failure Finally, if we do this, we will have a they do not really want to change the by this Congress. system, if it has proven its mettle, that ABM Treaty, and yet the U.S. gets Mr. SPENCE. Mr. Speaker, I yield 21⁄2 may give us some protection against criticized for not cooperating with Rus- minutes to the gentlewoman from an accidental strike, which could hap- sia. Jacksonville, Florida (Mrs. FOWLER). pen; against a rogue attack, which The fact is, our bipartisan delegation (Mrs. FOWLER asked and was given could be threatened. It may give us to speak to the Russian Duma this past permission to revise and extend her re- some protection, and it will certainly weekend was all about the U.S. Con- marks.) give us something that we can learn gress taking the initiative to cooperate Mrs. FOWLER. Mr. Speaker, I rise in from and build upon and, as I said, reap with and give advanced notice to Rus- strong support of H.R. 4. sia regarding our intent to enact a na- some investment. This morning, this House received a tional missile defense policy for the I support this bill finally in the hope top secret briefing from the inde- United States, a national missile de- that we can put BMD on a bipartisan pendent commission to assess the fense system to protect our cities, our footing. Theater missile defense enjoys ballistic missile threat to the United businesses, our families, our children, bipartisan support, we all support it. States. Now, maybe my colleague who from a missile carrying a nuclear, National missile defense has been a just spoke from Texas was not at that bone of contention. What we sought in chemical, or biological warhead that could flatten an entire metropolitan briefing and if he was not, then I rec- this bill was something that we could ommend he go read that report, be- all come to common ground on. I am area with one strike. Mr. Speaker, I support H.R. 4, and I cause they discussed the findings that not just advocating that we build any- led them to conclude unanimously that thing. National missile defense needs thank the gentleman from Pennsyl- vania (Mr. WELDON), the chairman of ballistic missile threats from North to stand the test of any weapons sys- Korea, Iran, Iraq, China, have devel- tem. It ought to be put to rigorous the Subcommittee on Military Re- search and Development, and the gen- oped far more rapidly than predicted in testing, made to prove that it can hold recent years by our intelligence com- this country harmless against a lim- tleman from South Carolina (Mr. SPENCE), the chairman of the full Com- munity, and pose a serious threat to ited missile attack. If a strategic de- the United States. fense can rise to this mettle, I think we mittee on Armed Services, for advanc- Now, while many of us in this House should buy it and deploy it. If it can- ing the goals of the Constitution: to have long championed deployment of a not, there is nothing in this bill that provide for the defense of our Nation. Mr. SPRATT. Mr. Speaker, I yield 2 national missile defense capable of de- says we should buy a dud. feating at least a limited or accidental Mr. SPENCE. Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. DOGGETT). attack on our Nation, this legislation minutes to the gentleman from Indiana Mr. DOGGETT. Mr. Speaker, I thank represents this Congress’ first concrete (Mr. HOSTETTLER), a very valuable the gentleman for yielding me this expression of support for such a deploy- member of our committee. time. Mr. HOSTETTLER. Mr. Speaker, I ment. The consideration of this bill is the Mr. Speaker, there is no question the thank the gentleman for yielding me story of an overwhelming, but rather this time. threat is real. Last August, North hollow, victory, and a total policy fail- Korea flight-tested a 3-stage Taepo Mr. Speaker, I just returned from ure. This Star Wars scheme is, first, a Russia where I joined a bipartisan dele- Dong I missile. Though the missile’s technological failure, failing one test third stage failed, the launch raised se- gation of my colleagues in commu- after another, again and again. This nicating the intent of H.R. 4 to mem- rious concerns. Our intelligence com- system assumes the capability, as U.S. munity revised its previous estimates bers of the Russian Duma. Air Force General Lester Lyles said, of Although Russia is skeptical of of North Korea’s capabilities, con- ‘‘hitting a bullet with a bullet’’ in cluding that with the resolution of America’s intent to deploy a national outer space. And indeed, it would be missile defense, I can tell my col- some tech issues, the next generation not one bullet, but many bullets, com- of the North Korean missile, the Taepo leagues that a limited national missile ing down over this entire 50 United defense would not undermine Russia’s Dong II now under development could States. That would be a challenge even soon target not just Alaska and Ha- nuclear deterrent. In fact, Russia still for Superman. has a strategic nuclear arsenal of over waii, but could reach the rest of the Well, the system has failed to do United States, depending on the size of 7,000 warheads. Even if Russia ratifies that. It represents more political my- its payload. Meanwhile, North Korea and complies with START II, they will thology than technological reality. has gone ahead actively pursuing nu- still be able to sustain a strategic force Star Wars is, secondly a failure for of 3,500 warheads. If the U.S. had a na- the taxpayer a failure of over $100 bil- clear weapons. tional missile defense system similar lion wasted on this program. And now It is no small matter that the same to what Russia already has deployed our Republican friends tell us that for regime that launched this missile has outside of Moscow, Russia’s strategic a mere $184 billion more, we can deploy simultaneously allowed hundreds of missile force could still overwhelm this defective system. They are wrong. thousands of its own citizens to perish such a defensive U.S. system. It is wrong to assume that if we waste from famine. That shows the regime’s The fact is, we have no missile de- enough taxpayer money, we can pur- desperation to develop this capability fense system to defend against any in- chase absolute security. and should raise concerns here about coming ballistic missile, whether that For indeed, this Star Wars scheme their willingness to use it. Unfortu- missile is part of a limited or acciden- represents a failure also for true na- nately, today we have no capability to tally launched attack from a rogue na- tional security. It diverts very precious defeat the threat from missile threat. tion such as North Korea or Iran, or an resources away from other military Secretary Cohen has called the accidental launch from Russia or needs and other nonmilitary needs that launch in North Korea another strong China. Russia, not the U.S., is the only are at the heart of maintaining ours as indicator that the United States in fact country that currently maintains the the most powerful country in the will face a rogue nation missile threat world’s only operational ballistic mis- world. More importantly, this scheme to our homeland against which we will sile defense system for their country. jeopardizes our efforts to reduce nu- have to defend the American people. Even if the 1972 ABM Treaty were clear armaments and endangers those I congratulate my colleagues, the still legally valid, it at least allows for agreements we have already nego- gentleman from Pennsylvania (Mr. deployment of a limited national mis- tiated, such as the Anti-Ballistic Mis- WELDON) and the gentleman from sile defense system at a single site in sile Treaty. South Carolina (Mr. SPRATT) for their the U.S., a deployment that this ad- Our paramount security goal should efforts, and I urge my colleagues’ sup- ministration has consistently opposed, be to reduce the nuclear threat, not to port of this bill. H1430 CONGRESSIONAL RECORD — HOUSE March 18, 1999 Mr. SPRATT. Mr. Speaker, I yield 2 tion does not say what technology is to during the years that I have been in minutes to the gentleman from Texas be used or implemented. Current tech- the Congress, and I have not been able (Mr. TURNER). nology relies on mature ground-based to bring myself to support this, having Mr. TURNER. Mr. Speaker, I rise as methods. All we need to do is to have reviewed the literature on this leading a cosponsor of this legislation, and I the political will and courage to per- up to our debate today. want to say at the outset that I com- fect this technology so that it be A national missile defense system, an mend my chairman the gentleman counter a limited ballistic missile impenetrable shield, a marginal line in from Pennsylvania (Mr. WELDON) of the strike. the sky. Well, the simple fact is, any Committee on Military Research and Third, we can afford to do this. The anti-missile shield can be overwhelmed Development for his leadership in this current budget picture shows that for even if it works perfectly, which we do area. I was very pleased that this legis- $10 billion we can implement a na- not know that it does work perfectly. lation passed the Committee on Na- tional ballistic missile defense which In fact, all the evidence speaks to the tional Security by a vote of 50-to-3. would counter a limited strike. I think contrary. The latest testing that we This legislation is one that received a this is a small price to pay to help en- have on this indicates the success ratio boost and a wakeup call this last Au- sure that Americans sleep better at is very, very marginal. But even if it gust when North Korea launched a mis- night. works perfectly, we design it to shoot sile containing a third stage. We know Fourth, we are no longer bound by down 10 missiles simultaneously and an from the reports of the intelligence the 1972 ABM Treaty. When this treaty enemy can render it useless by launch- community that North Korea is work- was signed, it was signed with the ing 20. If we design it to shoot down 100 ing on a missile that has the capability former Soviet Union. That union no missiles, then they will launch 200. and will have the capability of reach- longer exists, making the agreement b 1515 ing the continental United States. In moot. However, let us assume for the July, the Commission to assess the moment that the ABM Treaty was still In the end, spending tens of billions ballistic missile threat to the United in effect. The treaty was signed to of dollars to build a missile defense States, the Rumsfeld Commission, con- deter both countries from imple- shield makes about as much sense to cluded that rogue nations like Iran, menting a ballistic missile defense on me as erecting a chain link fence to Iraq and North Korea are moving much the premise that if both countries were keep mosquitos out of one’s backyard. faster than we had previously known in defenseless to a major ballistic missile But today we are being asked to sign the development of intercontinental attack, neither country would strike. a blank check for a Star Wars system ballistic missile capability. All we are asking for in this bill is to that could cost tens of billions of dol- The risk of inaction is unacceptable. make it the policy of the United States lars according to the Congressional One thing that we have always done as to counter a limited missile attack Budget Office. My colleagues on this Americans is stood strong in terms of from a rogue state. We still will not side of the aisle primarily have said making America the strongest nation have the defenses to protect us from and argued that we need this, but, yet, in the world. It is unacceptable to Russia’s 7,000 strong nuclear arsenal, we cannot afford in the budget debate know that within a short period of even though I would argue that ought that we will have in just a few days on years, the Second Congressional Dis- to be our policy. These are just some of this floor $5 billion to fix our national trict of Texas could be 32 minutes away my reasons for supporting this bill. schools. They say we cannot afford to from the delivery of an interconti- However, the most important reason help seniors pay for costly prescription nental ballistic missile from North why I am supporting this bill is be- drugs. Korea. The time for action is now. cause today’s world is more hostile They even go so far as to say that we The development of a missile system, than it was 20 years ago. Twenty years cannot afford to buy weapons, weapon- a defensive missile system will take ago, we knew who our enemies were grade plutonium from the Soviet Union many years. The gentleman from Penn- and containment was possible. Today, to keep it from falling in the hands of sylvania (Mr. WELDON) has wisely in with the end of the Cold War, former terrorist or rogue states. I want to re- this bill simply stated, ‘‘It shall be the Soviet nuclear scientists market their peat that again because I think that is policy of the United States to deploy a skills to rogue nations so that they can terribly important. In next week’s sup- missile defense system.’’ The timing, survive. North Korea has demonstrated plemental appropriation that we will the technology, the cost is left yet to that they have long-range missile capa- bring to the floor, the Republicans plan be determined. Now is the time for ac- bility which threatens the U.S. terri- to cut funding to buy up to 50 tons of tion. The price of peace and security is tory, and of course Iran. plutonium from the Russian’s nuclear high, but the cost of inaction and the These are not safe times, and for stockpile. cost of vulnerability is much higher. those who would argue that a nation So I ask my colleagues, does it make Mr. Speaker, I commend the gen- would be stupid or insane to launch a more sense to prevent the spread of tleman from South Carolina (Mr. missile at the last remaining super- this material now while it is still on SPENCE), the gentleman from South power, I say to them, do you want to the ground rather than to wait for it to Carolina (Mr. SPRATT), and the gen- make that bet on behalf of the Amer- be turned into missiles and then to tleman from Missouri (Mr. SKELTON) ican people? spend billions of dollars trying to catch for their leadership in this legislation. No, Mr. Speaker, the vote we cast it while it is hurdling through the sky? Mr. SPENCE. Mr. Speaker, I yield 2 today sends a clear message to those I think not. minutes and 15 seconds to the gentle- rogue nations who would do our people We ought to redesign, make sure our woman from California (Mrs. BONO), a harm. I cast this vote for the people of computers work well, take care of the member of our committee. the 44th Congressional District, for my Y2K computer bug problem first and Mrs. BONO. Mr. Speaker, today I rise family, and my country. then deal with this in the future. I in support of H.R. 4. As a cosponsor of Mr. SPRATT. Mr. Speaker, I yield 3 hope my colleagues will vote against H.R. 4, I want to give my colleagues minutes to the gentleman from Michi- this. the reasons why I support this impor- gan (Mr. BONIOR). Mr. SPENCE. Mr. Speaker, I am tant legislation. Mr. BONIOR. Mr. Speaker, I thank pleased to yield 3 minutes to the gen- First, the threat to the United States my colleague for yielding me this time. tleman from Texas (Mr. ARMEY), the of a ballistic missile strike is real, ac- At the outset let me say how much re- majority leader. cording to the findings of the bipar- spect I have for the gentleman from Mr. ARMEY. Mr. Speaker, let me tisan Rumsfeld Commission, and the South Carolina (Mr. SPRATT), the gen- just say I am proud of what the Con- President’s own Secretary of Defense tleman from Missouri (Mr. SKELTON), gress is doing this week. Like the said that the ballistic missile threat is and my friend the gentleman from balanced budget agreement, like the real and growing. South Carolina (Mr. SPENCE). first tax cuts in 16 years, like the real Second, we are on the way to devel- I have, in light of their support of welfare reform, like all the other ele- oping a technology for national this proposal, examined my position, ments in the contract with America, ballistic missile defense. This legisla- which has been in opposition over this we are here once again taking the lead March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1431 on an important issue. Only this one Missile defense, because it takes really ought to deal with it. My col- may be the most important issue of away a prop dictators can use to sur- league made a good point here. Let me them all. vive, is part of that policy. That is one also add, and my colleague is well Some happy day in the future, when reason I support it today. aware that over the past 4 years, it was we are all elderly and retired, we will Mr. Speaker, just as that grandchild this Congress, this Republican Con- find ourselves tucking a grandchild in in our future should sleep soundly in gress, who gave the Defense Depart- for the night. Unlike our own genera- the knowledge that American tech- ment over $20 billion more than the tion, when we were young, that child nology has made him safe from these President asked for because of the will be going to sleep in his bed safe evil threats, the otherwise intimidated gross underfunding of the budget. from any foreign attack because this citizens of tyrannical regimes should It is easy for a President to project a Congress made the decision to deploy a take heart as well. They should know massive increase when he is no longer national missile defense. that, thanks to America, the military in office. After he has decimated de- We are going to be able to smile and delusions of their misguided leader are fense spending for a continuing period say to that child, ‘‘we gave you a de- as obsolete as their political theories. of 6 years, it is easy for him to say, fense that defends.’’ The best anyone From this, these oppressed people can well, when I am out of office, we are could give us was the advice to duck take courage to resist and to seek their going to increase the top number by a and cover. own freedom. significant margin. He is not going to But missile defense is about more Mr. Speaker, I thank the gentleman be here to be held accountable. than making American children safe in for yielding me this time. The fact is that this Congress, and I their beds. I believe it will advance the Mr. SPRATT. Mr. Speaker, I yield might add, in a strong bipartisan vote, cause of freedom around the world. It myself 30 seconds to ask the gentleman Democrats were adamant in supporting will do so by taking away one of the from Texas (Mr. ARMEY), the distin- our position, increase the defense budg- most horrible props that modern dicta- guished majority leader, a question. et over the past 4 years by almost $25 torships use to intimidate their own Mr. Speaker, this is the budget reso- billion more than this administration people, the terror weapon. lution that the Budget Committee requested. Missiles today are prestige items. passed out yesterday. It provides $205 Now that is not pie in the sky pipe Any dictator that owns them can ap- billion less than the President re- dreams after the President is out of of- pear more powerful and enduring. If he quested. It is essentially flat from 2004 fice. That is, in fact, what we did. cannot win the affection of his own to 2009, the very period and years when Mr. Speaker, I thank the gentleman people, his missiles can at least instill this system will be purchased and de- from South Carolina for yielding me in them a measure of respect. ployed. How can we pay for it with a this time. A dictator knows that, by making cut like that? Mr. SPRATT. Mr. Speaker, I yield 11⁄2 the world quake before his ability to Mr. ARMEY. Mr. Speaker, will the minutes to the gentleman from Oregon attack foreign cities, his own people gentleman yield? (Mr. DEFAZIO). Mr. SPRATT. I yield to the gen- will look on him with fear and awe. He Mr. DEFAZIO. Mr. Speaker, I thank also knows that he and his regime can tleman from Texas. the gentleman for yielding me this Mr. ARMEY. Mr. Speaker, I will just thrive in the atmosphere of inter- time. say that I appreciate these numbers. I national tension that he himself cre- Mr. Speaker, I brought with me a po- studied them. While on the surface our ates. tential terrorist weapon of mass de- numbers may seem smaller than the In this way, having a crude but invin- struction delivery device. It might be President’s, I take greater confidence cible missile can help a dictator main- classified. Close your eyes. Here it is. A in our budget committee’s numbers be- tain control over his own people, even briefcase like this was brought into a cause they are real. hearing by a biological weapons expert if he threatens far away American ci- Mr. SPRATT. Mr. Speaker, I yield 1 in the Rayburn Building, full of aerosol vilians. minute to the gentlewoman from Cali- If our goal is to transform dictator- canisters, capable of deploying an- fornia (Mrs. TAUSCHER). ships into democracies, we must deny (Mrs. TAUSCHER asked and was thrax, killing everybody on Capitol them the ability to build effective ter- given permission to revise and extend Hill, many people in Washington, ror weapons. Once they realize they her remarks.) through security 2 weeks ago. cannot get respect by threatening acts Mrs. TAUSCHER. Mr. Speaker, I rise There are other probable terrorist or of war, they may choose to win respect in support of this bill. rogue state delivery devices. If it is a in the old fashioned way, through the While developing a national defense nuclear threat, it will probably be a simple dignity that any government system should be a priority, we need to truck coming across the Mexican bor- earns when it is freely elected by its ensure that any potential system is de- der, maybe like the two tons of cocaine own people. pendable, reliable, and fiscally respon- that come across every day in trucks. Mr. Speaker, radical rogue regimes sible. More importantly, we need to Or it might be a ratty old freighter are the greatest threat to our security also step up our investment in nuclear that is registered anonymously in a today. Whether they are driven by in- nonproliferation programs. Third World country like Panama sane ideologies or ethnic rage, they Mr. Speaker, the best way to stop a under a flag of convenience that share intense anti-Americanism. Mr. ballistic missile attack is to stop the steams into New York Harbor with a Speaker, they hate us. They hate us missiles from being developed and de- stolen hydrogen bomb. not only for our success and our power, ployed in the first place. We need a The question is: Will the future lead- but even more so for our democracy. balanced approach to protect American er of the rogue state assure the annihi- They know that our ideals of freedom families. We need increased investment lation of his or her people for all time and individual rights are poison to in nonproliferation programs like nu- by launching a single or even a dozen their petty little tyrannies. clear cities and IPP to prevent attack or two dozen missiles at the United These regimes are nasty enough and investment in systems like na- States of America? Within 30 seconds, when armed with car bombs. Imagine tional missile defense to ensure our we know where the missile came from, them armed with nuclear-tipped survival if prevention programs fail. and they are targeted within 3 minutes ICBMs. I will vote for this legislation. But by the most massive nuclear force on As I said during last week’s Kosovo before we spend billions of dollars of earth. They will be destroyed. debate, we need an entirely new policy American taxpayer money to deploy it, That is the power of our proven de- for dealing with these pariahs. The ad- we must have proof that it is going to fense, the ability to withstand the at- ministration’s approach of contain- work. tack of any aggressor and respond with ment, engagement, arms control and Mr. SPENCE. Mr. Speaker, I yield 1 awesome force. It worked against the negotiation is not working. Like the minute to the gentleman from Penn- Soviet Union for 30 years with thou- Reagan doctrine of the 1980s, we need a sylvania (Mr. WELDON). sands of hydrogen bombs. It certainly policy dedicated to replacing these re- Mr. WELDON of Pennsylvania. Mr. will deter the pathetic tiny unproven gimes with democratic alternatives. Speaker, just on the budget issue, we arsenals of North Korea and other H1432 CONGRESSIONAL RECORD — HOUSE March 18, 1999 rogue states. Do not waste billions on gion of serious questions that have The Center for Strategic and International fantasy protection. Vote no. been raised about many aspects of our Studies reported that the third stage of the Mr. SPENCE. Mr. Speaker, I am defense preparedness and national se- North Korean Taepo Dong missile launched pleased to yield 2 minutes to the gen- curity. on August 31, 1998, travelled over 3,000 tleman from North Carolina (Mr. We live in a dangerous world beset miles. Prudhoe Bay, Alaska, a major source of HAYES). with economic, social, political, and re- U.S. oil, is within that range. The Washington Mr. HAYES. Mr. Speaker, I rise in ligious unrest. We are the most power- Times reported that a newer missile under de- strong support of H.R. 4, a bill that de- ful Nation in the world and the most velopment, the Taepo Dong±2, will have a clares as our policy the deployment of technologically advanced. Yet we sim- range greater than 6,000 miles and could be a national missile defense. Without na- ply cannot do everything. deployed soon after the turn of the century. tional security, there can be no Social Security for Americans at home and Several hundred thousand of the nine million Security or education opportunity. abroad and keeping peace around the people living in Los Angeles, California SMA, I want to commend my colleagues, world involves making difficult for example, are within that range and would Democrats and Republicans alike, choices. Rushing through this proposal, die. many of whom I serve with on the one whose costs and consequences are Mr. Speaker, we are all well aware of the Committee on National Security, for understood by no one, and is not inte- bottom line in the Rumsfeld Commission Re- their commitment to the strong na- grated with all our other military and port and recent North Korean missile tests. tional missile defense and for bringing foreign policy needs, is not a policy I The possibility of the Democratic People's Re- it to the attention of the American can support. public of Korea (DPRK), North Korea, using an ICBM to threaten U.S. interests is real. people. They have pressed forward over b 1530 Parts of Alaska, Hawaii, and U.S. allies in the the last 7 years and remain scorned by This bill hardly seems the right thing an administration message that preys Pacific are vulnerable, now. Today, we need to do in terms of using our defense dol- to be concerned about what a North Korean on our Nation’s false sense of security. lars in the most effective way possible, Today my colleagues’ efforts are about ICBM, armed with just a conventional war- and I urge a ‘‘no’’ vote. head, would do to Prudhoe Bay, Alaska, a to pay off as we establish a policy to Mr. SPENCE. Mr. Speaker, I yield 1 defend our Nation and her people from major source of U.S. oil. The 48 contiguous minute to the gentleman from Ne- states of the U.S. will also become vulnerable a missile attack. braska (Mr. BEREUTER). I would be remiss if I did not mention to this threat by 2002. By 2002, our concern (Mr. BEREUTER asked and was will be about what a North Korean ICBM, the very telling vote taken on missile given permission to revise and extend armed with a weapon of mass destructionÐ defense in the Senate yesterday. Nine- his remarks.) nuclear, biological, or chemical weaponÐ ty-seven Senators supported this legis- Mr. BEREUTER. Mr. Speaker, as a would do to hundreds of thousands of people lation. cosponsor, this Member rises in sup- among, for example, the nine million people Mr. Speaker, what strikes me as odd port of the resolution. If this Member living in Los Angeles SMA. It is only a matter is that this same body, no different in can bring any special relevance to the of time until that vulnerability exists unless we political composition, failed to reach debate it is probably through my focus act and even if we act now and technological cloture on missile defense legislation a on missile development and threats hurdles are handled, there will be years of un- mere 6 months ago. Mr. Speaker, why from and for Asia through my chair- protected vulnerability. the sudden change? What are we to be- manship of the Subcommittee on Asia For those of you who still question the lieve? and the Pacific of the Committee on threat, this Member would remind you that Has the threat to our national secu- International Relations, and through Secretary of Defense William S. Cohen has rity grown so ominous in 6 months that the background gained as a member of confirmed that North Korea had demonstrated the left and the administration believe the Select Committee on U.S. National that it has achieved long-range missile deliv- the moment is right to embrace a pol- Security and Military/Commercial ery system capability and that it appears that icy of national missile defense? Or has Concerns with the People’s Republic of North Korea is not complying with the freeze the President been playing politics China, chaired by the gentleman from imposed on its nuclear weapons development with the security of the American peo- California (Mr. COX). program. He also acknowledged that Russia's ple? The latter puts limits on what I can aging and sporadically maintained missile sys- Mr. Speaker, from one end of my dis- say here today, but it surely reinforces tems create the nightmarish possibility of an trict to the other, my constituents are my support for the resolution. How- accidental launch. Former Commander in concerned with our national defense, ever, I support this measure because Chief of all U.S. forces in the Pacific, Admiral and they know there is no function in the threats from a limited missile at- Joseph Prueher, has confirmed that North the Federal Government more impor- tack are here, now, very real, and po- Korea is developing a capability that could po- tant than ensuring our Nation’s secu- tentially very disastrous for our citi- tentially reach the western-most reaches of rity. zens, who are right now undefended the U.S. with an ICBM. Former Secretary of I am pleased that the President and against this threat. Defense William Perry, the President's special his allies have joined us in a policy Contrary to what over 70 percent of advisor on North Korea, states that North that assures all Americans and Amer- the American people believe, we and Korea is moving forward with its nuclear ican generations to come that they can our forces abroad do not have defense weapons program. Japan's Defense Agency sleep safer under a blanket of missile capabilities against even a single believes North Korea has already deployed defense. Mr. Speaker, the administra- ballistic missile. Let me say it again, some of at least 30 medium-range ballistic tion’s actions speak louder than words. this U.S. does not have defense capa- missiles. It is only a matter of time. Delays in the past have been irrespon- bilities against a single ballistic mis- Some of you will argue that a National Mis- sible. Delays in the future are simply sile. sile Defense (NMD) system will do nothing to dishonest and unacceptable. Is an NMD technologically possible? deter less traceable means of delivering a Mr. BLUMENAUER. Mr. Speaker, I Yes, it clearly will be technologically weapon of mass destruction, such as a suit- thank the gentleman for yielding me feasible. Just 3 days ago, in the skies case or truck bomb. While that may be true, this time. over New Mexico, the U.S. Army suc- our law enforcement agencies serve admirably Mr. SPRATT. Mr. Speaker, I yield 1 cessfully, in effect, hit a bullet with a as our defense against and deterrent of close- minute to the gentleman from Oregon bullet. in terrorist attacks. Contrary to what over 70% (Mr. BLUMENAUER). This NMD proposal is not about a rehash of of Americans believe, we do NOT have de- Mr. BLUMENAUER. Mr. Speaker, I former President Ronald Reagan's Strategic fense capabilities against even a single thank the gentleman for yielding me Defense proposal, a nation-wide ballistic mis- ballistic missile. Let me say that, again. The this time. sile defense system proposal that some in- U.S. does NOT have defense capabilities Mr. Speaker, I am concerned today sisted on negatively labeling as ``Star Wars.'' against even a single ballistic missile. There is that Congress is being asked to make a This defense system would offer protection no secret, silver bullet in our arsenal that will significant policy change, committing against an accidental or unauthorized ICBM stop an ICBM, and there is no alternative to billions of dollars to unproven tech- launch or against a limited ICBM attack by a NMD to effectively deal with a limited ICBM nology at a time when there are a le- rogue nation. threat. March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1433 NMD, like its anthithesisÐICBMs, is less measure the best of our energies and skills, Former Commander in Chief of all U.S. forces about launching than it is about basic deter- because that challenge is one that we are in the Pacific, Admiral Joseph Prueher ac- rence. It removes from the negotiating table willing to accept, one we are unwilling to knowledges that China, with its shaky econ- postpone, and one which we intend to omy, growing unemployment and burgeoning what might otherwise be a trump card that win. . . . could lead to extortion, if not outright black- military might, has problems. Prueher views mail, by a rouge nation. NMD counters this Iran, with more than 66 million people and China's latest crackdowns on dissidents as eventuality. As a world leader, we owe this to the proud heritage of the Persian Empire that symptoms of weakness rather than strength. our allies. To the rogues we owe nothing. once ruled everything from Libya to India, During the March 1996 Taiwan straits crisis, Hoping, or expecting, that a ``disarmament today is using its oil wealth to build a new China fired short range missiles north and solution'' or ``containment'' will eliminate or center of power in the Middle East. Teheran south of Taiwan. In late 1998, China's army protect us against the emergingly diverse mis- has been boasting for two years that it already conducted military exercises with simulated sile threat just isn't realistic; it holds out a very has the most powerful missile force in the Mid- missile firings against Taiwan and also, for the dangerous false hope. The world and tech- dle East. first time, conducted mock attacks on U.S. nology are not standing still, and no amount of Last July, the Rumsfeld Commission con- troops in the region. With respect to the most ``hoping'' on our part will make it so. There are cluded that the extraordinary level of re- recent overt threat to Taiwan, the Chinese no indigenous ballistic missile development sources Iran is using to develop its own protest is disingenuous on its face. The Chi- programs. In fact, there is substantial coopera- ballistic missiles poses a substantial and im- nese Government knows that we should no tion among developing countries, themselves. mediate danger to the U.S., its vital interests more apologize for the theoretical consider- Even if all the help from the U.S., Russia, and its allies. The Rumsfeld Commission re- ation of including Taiwan in plans for missile China, Europe, and Asia were ended, devel- ported that Iran is making ``very rapid defense than we did for including South Korea oping countries would still move forward to- progress'' on the Shahab±3 medium-range in similar plans. Our having agreed in principle ward ballistic missile capability. The West, ballistic missile. That was July 15, 1998. One that Tawiwan might someday rejoin China alone, is educating nearly 100,000 foreign week later, on July 22, 1998, Iran conducted does not mean that we would ever allow such graduate students, most of them in technical a flight test of the Shabab±3, continuing an a unification to be coerced. fields. In the process, we are educating cadres ambitious missile development program that Taiwan claims that China has deployed more than 100 additional ballistic missiles in of essentially all the countries of the world; was initiated and pursued during Iran's war PRC provinces close to the Straits of Taiwan. some of them surely do have the increased with Iraq during the years 1980 to 1988. Not This would more than triple the number of capacity to develop ballistic missiles and waiting for more tests, President Mohammed missiles previously positioned in that area. weapons of mass destruction. Intelligence col- Khatami ordered 15 Shabab±3s to be pro- duced by the end of March 1999. The mobile China must understand that the use of ``coer- lecting is getting more difficult and intelligence cion,'' missile rattling, to bring Taiwan and compromises continue to occur. We must rec- launchers are ready and Iranian soldiers have been training for months to deploy the missile, PRC together will not work. Likewise, the U.S. ognize that we will not be successful in plug- is sensitive to concerns that a ``shield'' might ging every hole and we cannot ignore the re- which is expected to become operational this year. Iran's next missile, the Shabab±4, which embolden Taiwan to avoid serious negotia- ality that increasingly sophisticated threat will tions with the PRC. At this time, there are no confront us in the 21st century. is modeled on the Russian SS±4 intermediate- range ballistic missile, is projected to have a firm U.S. plans to provide Taiwan with a full- We are in an environment, potentially, of lit- scale missile defense system of its own, but tle or no warning. Meanwhile, the Administra- range of 1,300 miles, reaching southern and central Europe. U.S. and Israeli officials esti- we must not be intimidated from actively con- tion has reluctantly begun to acknowledge the sidering a Taiwanese inquiry or request under threat while simultaneously throwing down ob- mate that, with continuing help from entities in Russia and China, the Shabab±4 could be in the threatening circumstances developing stacles, such as the Anti-Ballistic Missile across the Taiwan Straits. service by 2001. Work also is under way on (ABM) Treaty, and changing their 3 plus 3 pol- Mr. Speaker, the North Korean missile icy to a 3 plus 5 policy. NMD deployment a long-range missile that with a nuclear war- launch adds credence to allegations that might occur in 2005, even in the face of head could be a serious threat to Western Eu- China has not done everything in its power to claims that the threat will extend beyond Alas- rope and the United States. The Rumsfeld discourage North Korean effort to develop ka and Hawaii to the 48 contiguous United Commission noted that advance warning of weapons of mass destruction and ballistic mis- States as early as 2002 (three years before such a missile may be zero. sile capability. When we complain, China criti- the possibility of NMD deployment). Iran has chemical weapons, is conducting cizes our concern. Nevertheless, China, more To those that say that NMD is destabilizing, research in biologicals, and is pursuing a very than any other country, can exert more influ- unannounced missile launches, especially aggressive nuclear weapons program that is ence over North Korea to dissuade it from fur- those with aggressive trajectories, are even close to success. The Rumsfeld Commission ther development of these weapons. China's more destabilizing. Further launches will be reported that, because of significant gaps in own recent aggressiveness toward Taiwan further destabilizing, long before the Adminis- our human intelligence efforts, the U.S. is un- and its apparent ineffectiveness in discour- tration's current 2005 projected NMD deploy- likely to know whether Iran possesses nuclear aging North Korean nuclear and missile devel- ment date. weapons until after the fact. This is reminis- opment programs have not only raised our le- This Member is not advocating blindly step- cent of the surprise nuclear detonations that gitimate concerns but also sent alarms around ping up the time line, would that be possible. occurred in India and Pakistan. Iran is ex- the world. Our friends and allies recognize the In fact, there are significant hurdles to over- pected to be the next declared nuclear state. reality of the threat from and for the Asia Pa- come, just from a technological perspective. Director of Central Intelligence, George cific region. Hitting a missile traveling at about 15,000 Tenet, has warned that Russia is backsliding Controversially, President Clinton's com- miles per hour, or somewhere between three on commitments to the U.S. to curb the trans- ments that the Administration views China as to five miles per second, is certainly am im- fer of advanced missile technology to Iran. Es- a strategic partner in the Asia Pacific region is pressive challenge. However, this Member pecially over the past six months, Russia has particularly unsettling. If Chinese moves are certainly believes that the technical difficulties continued to assist the Iranian missile effort in left unchecked, the possibilities of can be overcome. Many of the impossibilities areas ranging from training to testing to com- misperceptions regarding American inten- of the past have yielded to imagination and in- ponents. Iran's ability to take advantage of its tionsÐeven by China itselfÐwill multiply. novation. The academic critics are not enter- existing ballistic missile infrastructure to de- These kinds of misperceptions can cause taining practical solutions to their willing de- velop more sophisticated and longer-range wars, as when, many suggest, during a Janu- spair, not because they are unable to but, be- missiles is being aided by the crucial roles ary 1950 speech to the National Press Club, cause they do not want to and because it is being played by Russia, China, and North Secretary of State Dean Acheson unwittingly not being demanded of them. To those that Korea. encouraged the attack that began the Korean question the technological feasibility of this ef- Would Iran resort to extortion? This Member War by failing to specify that South Korea was fort, this Member would remind them of the need only remind you of the Iranian hostage inside the American zone of interest. Contrary following from the late President John F. Ken- crisis of 1979±80. to internal issues like human rights and gray nedy: While Chinese Premier Zhu Rongji scoffed areas like assisting Pakistan, Chinese bases We choose to go to the moon in this decade at some Western reports claiming a major in the Paracels and the Spratlys are clearly and do the other things, not only because economic crisis is brewing in China, he ac- matters with international implications. The they are easy, but because they are hard, be- knowledged that the East Asian recession had United States should lose no time in exam- cause that goal will serve to organize and affected China more seriously than expected. ining China's expansion of its installations on H1434 CONGRESSIONAL RECORD — HOUSE March 18, 1999 these islands and, if appropriate, questioning port the lavish lifestyle of the DPRK leadership The possibility of a small-scale missile attack Chinese intentions. The Administration should and defense? Its citizens don't matter, except upon the people and territory of the United keep in mind that the consequence of not con- as pawns of the leadership and the military. States is real, and significant. The lack of any fronting China expansionism today is very like- The greatest threat is the possibility that the U.S. capability to defend against such an at- ly to lead to a far more dangerous world in the Kim regime will couple its ballistic missile pro- tack is equally real, and significant. With re- years to come. gram with an unchecked nuclear program. The gard to a limited intercontinental ballistic mis- China's own recent aggressiveness and its possibility of a successful North Korea nuclear sile attack, the U.S. is defenseless! Maintain- apparent ineffective efforts to discourage break-out strategy is too dangerous to risk. ing the defenseless status quo can only lead North Korean nuclear and missile develop- Unchecked, the Kim regime's missile program to one place, and is not acceptable. ment programs have sent alarms around the will ultimately threaten U.S. vital interests in This legislation neither imposes deadlines, world. This Member can personally attest that, other parts of the world as North Korea sells for either development or deployment, nor al- everyday, in the Taiwanese media, there is its only viable export to hostile nations. It is ters the position of the Administration. It does discussion of the need for ballistic missile pro- believed that Pakistan has already been a nothing to abrogate the Anti-Ballistic Missile tection. These concerns are a ground swell customer, purchasing missile know-how from (ABM) treaty or to alter the foundation of the from the Taiwanese citizens in the streets and North Korea for its medium-range Ghauri mis- U.S. policyÐdissuasion, denial, deterrence, from the media, not generated entirely, by any sile, which was test fired for the first time last and defenseÐregarding proliferation of weap- means, by the Taiwanese Government. Tai- year. The Ghauri has been described as ons of mass destruction. In fact, it leaves open wanese demands for U.S. ballistic missile de- closely resembling the North Korean Nodong the possibility to develop a complementary fense assistance are directly attributable to missile. China's reluctance to influence North Korea. NMD/ABM relationship, as well as the poten- We will not pay tribute to the modern-day tial to explore cooperative missile defense and They also trace to recent allegations about Barbary pirates in North Korea. The Clinton Chinese espionage successes, to Chinese non-proliferation efforts with Russia. Yet, this Administration has fallen into the dangerous bill provides a clear and necessary policy and military construction activity in the South China pattern of accepting the extortion demands Sea, and, as reported in the New York Times, announces America's resolve, to develop its made during the negotiations with the North missile defense capabilities, to America's China's actions to dramatically increase the Koreans. Despite the gravity of the situation, number of short-range ballistic missiles along friends and foes, alike. this Member is forced to conclude that the Ad- the country's coastline near Taiwan. With re- Mr. SPRATT. Mr. Speaker, I yield 2 ministration's response to the military threats spect to increased interest in ballistic missile minutes to the gentleman from Penn- of the North Koreans to extort money, humani- defense systems in Japan, Taiwan, and the sylvania (Mr. HOEFFEL). tarian aid or other concessions is a shameful, Republic of Korea, which the Chinese threat- Mr. HOEFFEL. Mr. Speaker, I thank un-American violation of this country's prin- en, China has no one to blame but itself. the gentleman for yielding me this The greatest threat to peace and security in ciples. Unfortunately, North Korea has learned time. Asia is Kim Jong-Il's DPRK, North Korea. that irresponsible behavior and confrontation Mr. Speaker, today I will vote for North Korea remains the country most likely to results in U.S. humanitarian aid and other H.R. 4, which declares that it is the engage in bloody extortion or to involve the benefits. That rogue country is now the largest policy of this country to deploy a na- U.S. in a large-scale regional war over the recipient of U.S. aid in Asia. tional missile defense system. I am Fueled by its own paranoia and fear, the near term. Kim Jong-il's regime's foremost concerned that this bill is too narrow DPRK claims that a ``passive'' NMD is a sign concern is self preservation. He appears to and could have been much better. of U.S. movement toward a goal of ``global have increased his reliance on the military and I believe, in declaring this national domination.'' This Member would say to the draconian security measures to maintain his policy, we must also consider the fol- DPRK that, simply by virtue of being the only position and control of the populace. If he is lowing: Secretary Cohen has stated superpower, much of what the U.S. does ends willing to do this to his own people, how can that a national missile defense deploy- up being perceived as dominating, even you doubt that he would not hesitate to resort ment might require modifications in though the U.S. has no such intentions. If to extreme measures, even against South Ko- the ABM Treaty. Such a modification there are concerns about global intentions, rean, Japanese, or U.S. citizens? may upset our delicate diplomatic this Member believes they should be focused Gen. John Tilelli, Commander in Chief of balance with the Russians, who have on the DPRK. The DPRK Korean's People's the United Nations Command and of the U.S. already indicated opposition to such a Army gathered in late February to renew their Forces in Korea, concurs with the CIA Direc- move. loyalty to Kim Jong-il by declaring an oath that tor's recent remarks to the Senate Armed We must be in a position to continue Services Committee that ``. . . concern for ``under the leadership of the supreme Com- mander Kim Jong-il they would . . . make the negotiations with Moscow to cut our North Korea can hardly be overstated and that nuclear arsenals, and amendment to . . . in nearly all respects, the situation there glorious Kim Jong-il era shine all over the world with arms.'' This followed an event ear- the ABM Treaty would threaten that has become more volatile and unpredictable.'' effort. In his view, the Kim regime will sacrifice ev- lier in the month where DPRK citizens were told they should defend Kim with their lives A national missile defense policy erything to keep itself in power. We remain in must also not undermine or com- a situation wherein Kim Jong-il could decide at and ``prepare themselves to be heroes through human bomb attacks and soldiers ready for promise the military preparedness of any moment his prospects are so bleak that our troops or the planned deployment his best chance for survival is to use his mili- suicidal explosion.'' The Clinton Administration of theater missile defense systems by tary rather than risk losing that capability, for- is perpetuating, if not aiding and abetting, a redirecting much needed resources. ever. regime that is clearly hostile. We went down The North Korean militaryÐthe fifth largest this path in the late 1930s, reaching that Mr. Speaker, this body should have in the worldÐis the embodiment of North Ko- path's bitter end on December 7th, 1941. This had an opportunity to debate those rea's national identity. Without the military, the Member expects that we would not be so issues. We must have sufficient defense regime is simply not viable. Over the last four naive, again. for our borders. As North Korea and decades the leadership has specifically de- Mr. Speaker, in conclusion this Member Iran expand their capabilities, we must signed and tailored the size, organization, supports H.R. 4 for several reasons. First, be prepared, but we must not let the equipment, and combat capabilities of the mili- H.R. 4 signals the Department of Defense steps we take, designed to bolster the tary to support attainment of their reunification (DoD) and those involved in the ballistic mis- security of this country, undermine the goal. With military expenditures at 25% of sile defense program that they should pursue delicate international security balance GDP, the North Korean People's Army in- NMD, in earnest. It raises the relative impor- at the same time. cludes an air force of over 860 combat jet air- tance of NMD among the many DoD projects, Mr. Speaker, I believe it should be craft, a navy of more than 800 ships, over 1 enabling higher prioritization of resources and the policy of this country to deploy a million active duty soldiers, over five million re- increasing the focus on research, develop- national missile defense. This bill serve troops, a huge artillery force, tremen- ment, test and evaluation activity. should have gone farther to address dous special operations capabilities, hundreds Another factor influencing this Member's these additional concerns. The safety of theater ballistic missiles, (primarily Scuds), support for NMD is that there is no higher re- and security of this country depends, and weapons of mass destruction. sponsibility placed upon Congress by the U.S. in large part, on how well we are pre- How does the DPRK reconcile widespread Constitution than providing for the defense of pared to deal with decentralized mili- famine with ``gross'' levels of spending to sup- the United States, its territory, and its citizens. tary power as well as with a number of March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1435 rogue states. A policy supporting a na- leaders. In speaking earlier today, I Refusing to develop a missile defense for tional missile defense is a step in the mentioned General Shelton and Sec- our nation would not be a mistake, it would be right direction. retary of Defense Cohen. Let me quote malfeasance of office. Mr. SPENCE. Mr. Speaker, I yield 1 General Lester Lyles, who is the Direc- We have been elected to protect our citi- minute to the gentleman from Cali- tor of the Ballistic Missile Defense Or- zens and our nation. Passing H.R. 4 will begin fornia (Mr. ROYCE). ganization. He said at the time of a de- the process of developing the proper missile Mr. ROYCE. Mr. Speaker, we have no ployment decision we will also assess defense system. ballistic missile defense system. The the threat, the affordability of the sys- Mr. SPENCE. Mr. Speaker, I yield 1 administration opposed it; vetoed it. tem, and the potential impact on trea- minute to the gentlewoman from Fort Before World War II, many people ty and strategic arms reduction nego- Worth, Texas (Ms. GRANGER). were stuck in a similar mindset. Lead- tiations. Ms. GRANGER. Mr. Speaker, there is ers in England and elsewhere did not Congress trusts the Joint Chiefs on an old axiom that says it is good to be want to develop advanced weaponry. readiness, we trust them on troop pay, forewarned and forearmed because One leader stood alone, though, push- so why do we not trust them on na- preparation is half the battle. Today, ing for England to develop its tech- tional missile defense? as America stands at the threshold of a nology, including radar, in the cause of H.R. 4 is only 15 words long. We can new millennium, we must prepare our- national defense. His efforts encoun- vote for these 15 words and feel good, selves for a new century, new chal- tered much resistance. Many said that but the promise is a hollow, empty one. lenges, and, yes, new dangers. there could be no defense against air Fifteen words cannot solve the im- Today, America stands as the world’s power. There was some outright oppo- mense technological challenge of hit- lone superpower; victorious in two sition from those who favored disar- ting a bullet with a bullet. Fifteen world wars, several regional conflicts words cannot make hit-to-kill tech- mament, including Prime Minister and a Cold War. Yes, America is win- nology hit the target more than 26 per- Stanley Baldwin, as a way of dealing ning the battles, but the war has yet to cent of the time and only 13 percent of with Germany. be won; the war against terrorism, the the time in outer space. Well, history has told us that the The era of budget deficits is over, and war to keep America safe from attack dark days England soon suffered so must be the era of avoiding tough in an increasingly unsafe world. It is a through would have been much darker choices. We must be honest with the war we cannot afford to lose. if England had not had Winston public on what it will take to deploy a The single most important step we Churchill and had not developed radar. national missile defense. How much can take to ensure our national secu- Radar, which Churchill tirelessly will it cost to test, build and operate rity is to make a full commitment to pushed, was critical to winning the over a period of years? Will it improve ballistic missile defense. So long as battle of Britain. our security or lead to a dangerous new there is one nuclear weapon anywhere Sometimes it is not easy exercising arms race? Will it work? in the world, America must be prepared foresight and taking preemptive ac- I had an amendment that recognized to defend herself. tion, but I cannot think of a more these important considerations, but it H.R. 4 takes an important step in the pressing issue for this Congress to ad- was denied by the Committee on Rules. struggle to keep America safe and se- dress than defending our Nation Some Members here today have said cure. This legislation simply states against the emerging threat of ballistic the only thing standing between today that it will be the policy of the United missiles. and deployment is political will. One States to develop and deploy a missile I commend the authors and espe- Member said the problem is political defense system as soon as possible. No cially our chairman for this important footdragging. I disagree. The problem more delays, no more demagogueing. resolution. is more than that. It is technology, it Fifteen years ago, critics told Ronald Mr. SPRATT. Mr. Speaker, I yield 3 is physics, it is money, it is the real Reagan that a ballistic missile defense minutes to the gentleman from Maine world. was not possible. Every time someone (Mr. ALLEN). I am under no illusion about what would tell President Reagan we were Mr. ALLEN. Mr. Speaker, I thank the outcome of this debate will be years away from having technology, he the gentleman for yielding me this today, but I ask Members to think would say, let us get started. time. about this decision; think about at the Mr. SPRATT. Mr. Speaker, I yield 1 Mr. Speaker, I rise in opposition to end of the day whether these 15 words minute to the gentleman from Missouri H.R. 4 because the legislation fails to will do anything to solve the immense (Mr. SKELTON), the ranking member. acknowledge that the choice to deploy technical challenges of national mis- Mr. SKELTON. Mr. Speaker, we a national missile defense system is an sile defense. We cannot afford this bill. should update ourselves; update our- extraordinarily complex one. It must I urge Members to vote ‘‘no’’. selves on the facts, update ourselves on be based on effectiveness, threat, cost Mr. SPENCE. Mr. Speaker, I yield the arguments. Conditions change. The and other efforts to reduce threats to such time as he may consume to the Rumsfeld Commission report, which this country. gentleman from Florida (Mr. STEARNS). was a bipartisan report, tells us of the Some say a national missile defense (Mr. STEARNS asked and was given threat. We had a very thorough brief- system should be deployed as soon as permission to revise and extend his re- ing this morning in this room. possible, no matter what the con- marks.) The North Korean missile launch Mr. STEARNS. Mr. Speaker, I rise in sequences are. There are others who across Japan this last August is a fact strong support of establishing a na- say that a national missile defense that we need to consider. Current intel- tional missile defense system. should never be deployed, no matter We live in a new foreign policy world where ligence estimates from the intelligence what the threat is. All I am saying uncertainty instead of order reigns. That un- community of our country tell us that here is that the system should be de- certainty has been exacerbated by the mis- we need to update our thoughts. That ployed only if it is proven to work, if management of our foreign affairs by this Ad- is why the arguments of today must be the threat truly warrants it, if the cost ministration. updated. We are not giving this debate does not undermine our ability to train The Clinton Administration has failed to de- in yesteryear. and equip our troops, and if it does not velop and implement a comprehensive, long- According to the Congressional Budg- prevent further reductions in offensive term strategy of advancing American interests. et Office, this bill will not increase nuclear weapons arsenals. The lack of such a policy has allowed the missile defense costs a penny, it will Some of the proponents today here world's tyrants to increase their military capa- not compel a national missile defense are saying we have to decide now, and bilities, especially in the area of developing the architecture that is incompatible with they have cited other weapon systems. ability to deliver offensive ballistic missiles the ABM Treaty, it does not mandate a But with other weapon systems we test against our nation, against our interests, and deployment date or condition. We them before we fly them. We test them against our allies. must, we must, pass this bill. before we buy them. It is foolish to think our nation can stand pat Mr. SPENCE. Mr. Speaker, I yield 2 This is not just my view. This is the on our ability to defend our nation and our in- minutes to the gentleman from Mary- view of the our Nation’s top military terests against such threats. land (Mr. BARTLETT). H1436 CONGRESSIONAL RECORD — HOUSE March 18, 1999 (Mr. BARTLETT of Maryland asked maybe in 1 year, maybe in 2 years, we until we know we have something that and was given permission to revise and will have a technology that maybe will works, sends the wrong message. We extend his remarks.) be able to prevent it. And for that, we should be about nonproliferation. We Mr. BARTLETT of Maryland. Mr. may jeopardize cutting a deal with the should be about making sure that Rus- Speaker, in the last 3 days I have at- Russians. sia decreases the amount of missiles tended two really historic events. I think this is a grave mistake. Give that it has. We should be about bring- For the first time in our history, us a chance to amend this, to include ing other people into the nonprolifera- Members of the Congress, and I was that we stay within the guidelines of tion regime and making sure that we privileged to be one of them, went to the treaties that we have signed. If the defend our country, we have no na- Russia to brief members of the Duma Russians were here today violating tional security interest, and ignorant there. We briefed them on the emerg- treaties they had signed, every Member children, unhealthy families, or seniors ing missile threat and we took with us would be in this well objecting. having an undignified retirement. three of the top members of the com- On the other hand, we have language Mr. SPENCE. Mr. Speaker, I yield 1 mission. here today the people feel, well, the minute to the gentleman from Georgia Just this morning I attended another Russians will have to learn. We may (Mr. CHAMBLISS). really historic event. For only the learn the wrong lesson from this ac- Mr. CHAMBLISS. Mr. Speaker, I third time in the last two decades we tion. wish at this time to commend the had a classified briefing in this cham- b 1545 chairman, the gentleman from South ber. Again, it was on the emerging Carolina (Mr. SPENCE), the ranking ballistic missile threat. Mr. SPENCE. Mr. Speaker, I yield 1 member, the gentleman from Missouri For too long our citizens have been minute to the gentlewoman from Con- (Mr. SKELTON), and the gentleman from unprotected, totally unprotected. Even necticut (Mrs. JOHNSON). Pennsylvania (Mr. WELDON) and the a single intercontinental ballistic mis- Mrs. JOHNSON of Connecticut. Mr. gentleman from South Carolina (Mr. sile could not be shot down. We cannot Speaker, most Americans think that SPRATT) for their long-standing work leave our people unprotected any we have the ability to defend ourselves on this issue. longer. It is incumbent on us that we against incoming missiles. America Mr. Speaker, the threat for ballistic proceed with all due haste to develop a has no ballistic missile defense capa- missiles is clear and present. The cur- ballistic missile defense system that bility. None. Today we take the right rent administration has finally admit- many of our people think we now have first step to address that extraordinary ted that the United States is facing a in place, and which, as a matter of fact, vulnerability. very current, very real threat. How- the Russians do have in place such a I just want to take a minute to thank ever, waiting too long to deploy a mis- system, fairly robust system, that will my colleagues, the gentleman from sile defense system poses a risk to the protect about 70 percent of their peo- Pennsylvania (Mr. WELDON), the gen- American people that is unacceptable. ple. tleman from South Carolina (Mr. How many ballistic missiles, either It is high time we get on with the SPENCE), and that band of dedicated with or without biological, chemical or task of protecting our people. I rise in Members who over many years now nuclear warheads, have to be targeted strong support of this bill. have focused on America’s need for a at American cities or American forces Mr. SPRATT. Mr. Speaker, I yield 2 missile defense system. It is too bad overseas before we take action? minutes to the gentleman from Con- they were not heard sooner. I urge my colleagues to support this necticut (Mr. GEJDENSON). Now rogue nations do have inter- bipartisan bill which commits the Mr. GEJDENSON. Mr. Speaker, it is continental missile capability. Easy- United States to deploying a national an interesting situation we find our- to-have chemical warhead capability. missile defense system. Given the dem- selves in. A closed rule with no oppor- Not hard for some to reach biological onstrated threat here and now, I do not tunity for amendment, a bill that is warhead capability. And soon it will be believe that we should delay the de- barely several lines, and a policy that nuclear. Too bad we did not hear soon- ployment of a missile defense system is ready to jeopardize a consistent er. any longer than necessary. We must do process of containing a threat which I urge strong support for this legisla- all we can to protect America from has 6,000 to 8,000 missiles that could tion. ballistic missile threat, and this bill rain down upon the United States, Mr. SPRATT. Mr. Speaker, I yield 1 puts us on the right track. jeopardizing ABM, jeopardizing minute to the gentleman from Massa- Mr. SPRATT. Mr. Speaker, I yield 1 START, in order to prepare for poten- chusetts (Mr. TIERNEY). minute to the gentleman from New tially a threat if the North Koreans (Mr. TIERNEY asked and was given Jersey (Mr. HOLT). could develop a missile that could get permission to revise and extend his re- (Mr. HOLT asked and was given per- to our shores. marks.) mission to revise and extend his re- Now, I think we ought to prepare for Mr. TIERNEY. Mr. Speaker, I thank marks.) that. Estimates vary. We have spent the gentleman for yielding. Mr. HOLT. Mr. Speaker, I thank the $77 billion, we have gone through Bril- Let me say that exactly the point is very distinguished gentleman from liant Pebbles, we have gone through a that we do not have a capable national South Carolina (Mr. SPRATT) for yield- number of different machinations. We missile defense, one that works. We do ing. do not have anything that works. So not have that. And everybody readily I rise to oppose H.R. 4. The national rather than a policy and an honest de- admits it is not the lack of money and missile defense as proposed would not bate, we come here today to ram not for lack of will. We have spent bil- be effective. It would be costly to de- through a line, giving no opportunity lions and billions of dollars on research ploy and easily circumvented. for amendment, with a statement, as and development and testing to get to My colleagues, we do not have to the Russians today consider START the point where we still do not have a read much history to be reminded of treaties, consider reduction, not theo- system that works. the Maginot Line, the so-called impen- retical or potential weapons against It is not in the best interest of the etrable wall that has become the sym- the United States, but as they consider national security of this country to bol of misguided defense policy. reducing the number of actual war- prematurely deploy or make a decision The proposed missile defense system heads pointed at the United States. to deploy a system. It does not work. probably would not work as designed, Russia today is a partner in that re- There is no prospect that it will work and wishing will not overcome physics. duction. I do not know what happens 1 any time soon. There is no prospect It could be confused with decoys. It year or 2 down the line in a Russia that that a high-speed missile at a high alti- could be bypassed with suitcase bombs has been so rocked by economic calam- tude is going to be hit by another item, and pickup trucks and sea-launched ity. Let us not forget the main issue or bullet, as they call it. missiles. It would be billions of dollars here. Six thousand to eight thousand The fact of the matter is that to de- down the drain. But it is not just a di- warheads in the former Soviet Union cide to deploy now, as opposed to de- version of precious resources that we and Russia, and possibly, maybe, cide to continue to research and test are told are not available for health March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1437 care, for smaller class sizes, for modern ative of the people of Guam, our fellow tems frequently, three or four times a school facilities, for securing open American citizens who are today di- year. Slipping into a schedule of once space for taking care of America’s vet- rectly threatened by missiles in East every 9 to 12 months is not acceptable. erans. Asia, I am continually aware of the Let us give our program managers No, it is worse than a waste. Simple dangers faced in our uncertain global the funding and political freedom to strategic analysis will tell us that pro- environment. The U.S. does not cur- try and fail and then try again quickly. vocative yet permeable defenses are de- rently have a system in place to defeat We must get serious about this. I ask stabilizing and they lead to reduced se- any inbound ICBM or, for that matter, my colleagues to support H.R. 4. curity. In fact, the more technically af- defend a strategic theater against such Mr. SPENCE. Mr. Speaker, I yield 1 fected the system turned out to be, the a threat. minute to the gentlewoman from Idaho worse the idea would be because of its We know only too well the potential (Mrs. CHENOWETH). increase in instability and the damage for destruction these weapons hold. Mrs. CHENOWETH. Mr. Speaker, I done to our efforts to reduce Russia’s This last August, when North Korea thank the chairman very much for weapons. sent a three-stage Taepo Dong I over yielding. Mr. Speaker, I rise in strong Mr. SPENCE. Mr. Speaker, I yield 1 the Japanese homeland, a wakeup call support of H.R. 4, the National Missile minute to the gentleman from New was heard loud and clear here in Wash- Defense Act. York (Mr. FOSSELLA). ington. Finally, the gentleman from First of all, contrary to public opin- (Mr. FOSSELLA asked and was given Alaska (Mr. YOUNG) and I introduced a ion polls, we are completely defenseless permission to revise and extend his re- resolution condemning this event. For against a missile attack in this coun- marks.) many years, our intelligence commu- try. It is not good news that we bring Mr. FOSSELLA. Mr. Speaker, I rise nity underplayed this event. And to the American people, but the Amer- in strong support of this resolution. I thanks to the work of the Rumsfeld ican people deserve to know where the also commend the chairman and the Commission, we now have indeed con- rubber really meets the road on this gentleman from Pennsylvania (Mr. firmed some of our worst fears. issue. We have absolutely no system in WELDON) and others who have worked Mr. Speaker, the threat against our place, and the public must be aware of so hard to bring this to the floor. Nation from missiles is here today, and this. Now, these same polls show that During these and other debates in the people of Guam today are at risk that same American public believes Congress, essentially what we are from the wrath of rogue states and the that our first dollar should go to de- doing is establishing priorities. Make accidental launch. This bill is sound in fend against a missile attack. no mistake, the number-one priority of that it will allow our Nation to seri- Secondly, contrary to what President this Congress should be to maintain ously confront this issue in terms of Clinton said in his speech before this our national security and a strong de- policy as well as in our laboratories. Congress 2 years ago, in which he fense. The development of a national mis- wrongfully stated that no missiles were Today there is an emerging ballistic sile defense does not violate the ABM pointed at our children, our Nation is missile threat to our Nation, and, in Treaty because the system envisioned indeed in danger of ballistic missile at- plain English, too many nations will cannot deflect against a massive stra- tack. soon have the ability to reach our tegic attack of thousands of missiles. A recent report, the executive sum- shores with weapons of mass destruc- The national missile defense is meant mary of the Rumsfeld Commission, has tion. to protect the national homeland confirmed that this threat is ‘‘broader, We must stand firm and we must against accidental launch or a limited more mature and evolving more rap- stand united to defend ourselves in face attack by a rogue nation. This is the idly than reported. . .’’ and moreover of this real threat. To do otherwise system I support. that the United States would have ‘‘lit- simply will be to ignore history, to Mr. Speaker, I support H.R. 4 because tle or no warning’’ to counter a missile misunderstand the nature of tyrants, it cuts to the core of the issue. It hon- attack. to play a game and a major role I be- estly recognizes that there is a threat Even the President's Secretary of Defense lieve in weakening our national secu- facing our Nation, States, and terri- William Cohen has publicly stated that ``the rity. tories today and we are finally going to ballistic missile threat is real and is growing.'' Right now, America cannot defend do something about it. On behalf of the Finally, contrary to arguments on the Floor itself against a ballistic missile attack. people of Guam, I support this bill for today, a ballistic missile defense system is not This resolution, while long overdue, is the safety and defense of all Ameri- a budget buster. The cost to deploy initial mis- right for a safe and secure America. I cans. sile defense capability will amount to less than urge its strong support. Mr. SPENCE. Mr. Speaker, I yield 1 the amount that we have spent on peace- Mr. SPRATT. Mr. Speaker, may I in- minute to the gentleman from Ala- keeping deployments over the past six years. quire how much time is remaining? bama (Mr. ADERHOLT). Moreover, considering the real risk of mass The SPEAKER pro tempore (Mr. Mr. ADERHOLT. Mr. Speaker, I come destruction and loss of life that we would SUNUNU). The gentleman from South before my colleagues in support of H.R. eliminate, the cost for a missile defense sys- Carolina (Mr. SPRATT) has 41⁄2 minutes 4 this afternoon and thank the chair- tem is small. remaining. The gentleman from South man of the committee and the gen- Mr. Speaker, in the current reality, it is un- Carolina (Mr. SPENCE) has 111⁄2 minutes tleman from Pennsylvania (Mr. conscionable to continue without a declarative remaining. WELDON) for the work they have done national policy calling for the deployment of a Mr. SPRATT. Mr. Speaker, I yield 2 on this bill. missile defense system. I urge all of my col- minutes to the gentleman from Guam No one wants a nuclear version of the leagues to vote in favor of this critical legisla- (Mr. UNDERWOOD). shocking surprise attack that America tion. (Mr. UNDERWOOD asked and was suffered on December 7, 1941, at Pearl Mr. SPENCE. Mr. Speaker, I yield 1 given permission to revise and extend Harbor. I am glad, then, that on a daily minute to the gentleman from Texas his remarks.) basis the administration is moving (Mr. SAM JOHNSON). Mr. UNDERWOOD. Mr. Speaker, I closer to support for deployment of a (Mr. SAM JOHNSON of Texas asked emphatically support H.R. 4 as offered national missile defense system. We and was given permission to revise and by the gentleman from Pennsylvania use the words like ‘‘limited’’ and extend his remarks.) (Mr. WELDON) and the gentleman from ‘‘rogue’’ nations. However, there is no Mr. SAM JOHNSON of Texas. Mr. South Carolina (Mr. SPRATT). official list of so-called ‘‘rogue’’ na- Speaker, the President keeps vetoing The bill is simple in its articulation tions. missile defense systems as unwar- that Congress take the lead on this im- Any deployment plan that does not ranted. He says a missile defense sys- portant issue and declare it to be the protect us against all known current tem would waste billions of dollars. policy of the United States to deploy a weapons is a roll of the dice with our It is the duty of this Congress and national missile defense. national security. If we are serious the President to provide protection As a member of the Committee on about deployment, here is one litmus against rogue nations who have deliv- Armed Services and the sole represent- test. We must start testing major sys- ery systems and nuclear weapons, and H1438 CONGRESSIONAL RECORD — HOUSE March 18, 1999 it is not a waste of money. What most The Communist Chinese are engaged deadly. They can hit the fourth apart- Americans do not know is that we have in an unprecedented modernization of ment on 332nd Street in New York City no defense. Right now we cannot even their military and a missile buildup. now. stop one incoming missile. There are those who would leave us de- Mr. SPENCE. Mr. Speaker, I yield 1 North Korea, China, Iran, Iraq are fenseless to the Communist Chinese minute to the gentleman from Texas true threats today. How many more and turn a blind eye to this threat. (Mr. REYES). missiles need to be pointed at our cit- This administration cannot be trusted Mr. REYES. I thank the gentleman ies, our homes, and our families before to protect the United States. We must for yielding me this time. the administration decides the threat act and do it here in Congress. Mr. Speaker, I rise in support of H.R. is real? Mr. SPENCE. Mr. Speaker, I yield 1 4, cosponsored by the gentleman from Mr. Speaker, every American must minute to the gentleman from Penn- Pennsylvania (Mr. WELDON) and the be protected from the threat of missile sylvania (Mr. TOOMEY). gentleman from South Carolina (Mr. attacks. They have the right to feel Mr. TOOMEY. I thank the gentleman SPRATT). Like many of my colleagues, safe. That is what freedom means. That for yielding me this time. I support this bill both for what it says is what America is all about. And it is Mr. Speaker, I rise in support as a and for what it does not say. This bill the duty of this Congress to protect our proud cosponsor of H.R. 4, because the does not say when a national missile country. That is why we must pass this threat of a missile attack against the defense system must be deployed nor legislation. United States is real, it exists today, how a national missile defense system Mr. SPENCE. Mr. Speaker, I yield 1 and it will grow in the future. It is cru- would be deployed nor where it would minute to the gentleman from Utah cial that we defend Americans in their be deployed. The gentleman from (Mr. COOK). homes, children in their schools, men Pennsylvania and the gentleman from Mr. COOK. Mr. Speaker, I thank the and women at their workplaces against South Carolina have very intelligently chairman for yielding. a ballistic missile attack. left those decisions for the future. Mr. Speaker, I rise in strong support H.R. 4 is a vital first step toward pro- Some critics of deploying this system of H.R. 4, the National Missile Defense tecting our own citizens here at home, argue that the technology is not prov- Act. In the past, our Nation relied on but in addition to the commitment to en. National missile defense will use its oceans to protect it from threats deploy, we need to deploy as soon as the same hit-to-kill technology, the from Europe or Asia. In the more re- technologically possible. There is no equivalent of hitting a bullet with a cent past, we relied on the strategy of other legitimate reason to delay de- bullet which was proven on Monday as mutually assured destruction to pre- ployment. one of DOD’s hit-to-kill missile defense vent missile threats from the Soviet The administration and some of my programs, the PAC–3, successfully Union. Neither of these deterrent op- colleagues have proffered only very showed that this technology can work. tions are available today. weak objections. They cite obsolete The PAC–3 interceptor successfully de- b 1600 and irrelevant treaties. They question stroyed its target over White Sands Today, a number of rogue terrorist whether there even is a threat in the Missile Range last Monday. states are working to build interconti- face of obvious threats. Some worry I hope the President signs this bipar- nental missiles that will be able to that the cost of a missile defense sys- tisan bill. We need to send a strong reach America’s heartland from the tem might crimp other programs as message to our citizens, to our troops, farthest reaches of the earth. As more though we should spend money on the to our allies and especially to our en- and more nations like Iraq and North program of the day rather than pro- emies that we are serious about na- Korea rush to develop the capability of tecting American lives. tional missile defense. launching not only nuclear but chem- Mr. Speaker, the threat is real, the Mr. SPENCE. Mr. Speaker, I yield 1 ical and biological weapons into Amer- time is now, we must commit to de- minute to the gentleman from South ica’s heartland, it is imperative that ployment as soon as technologically Carolina (Mr. GRAHAM). we develop a defense against them. We possible. I urge my colleagues to vote Mr. GRAHAM. Mr. Speaker, I think avoided nuclear war with the Soviet in favor of this bill and to continue to there are a lot of thank-yous to go Union through a policy of deterrence. take the steps necessary so that we in around: The gentleman from Pennsyl- But the world knows that we have no fact deploy a system to protect Ameri- vania (Mr. WELDON), the gentleman deterrent today. We spent billions de- cans in our homeland. from South Carolina (Mr. SPENCE), the veloping and researching a national Mr. SPENCE. Mr. Speaker, I yield 1 gentleman from South Carolina (Mr. missile defense system. It is time to minute to our Top Gun, the gentleman SPRATT) and all the people who forged stop studying the problem and begin from California (Mr. CUNNINGHAM), this bipartisan bill. There is a wave of deploying the system. someone who knows something about bipartisanship sweeping the Congress Mr. SPENCE. Mr. Speaker, I yield 1 missiles. for our military. It is long overdue. It minute to the gentleman from Cali- Mr. CUNNINGHAM. Mr. Speaker, is something to be proud of. It is some- fornia (Mr. ROHRABACHER). why is this important now? In 1995, thing to congratulate each other over. Mr. ROHRABACHER. Mr. Speaker, they found out there was a mole in our The President is going to sign the bill. national missile defense is essential, national labs. He had been operating This is what the American people especially after the Communist Chi- during Carter, during Ronald Reagan want, addressing real needs and real nese have availed themselves of Amer- and George Bush and also Bill Clinton. threats. It is a real threat to this coun- ica’s most deadly nuclear weapons se- In 1996, the President was told of this. try. crets and, of course, upgraded their Nothing has happened. The mole was Other speakers have spoken of rockets with American technology. Yet just arrested last week. That is a na- threats in terms of terrorist activity. this administration still labels the tional security threat. They are real, too. We need to do more. Communist Chinese as our strategic Even worse, the White House, against We have cut our military by 40 percent partners and continues its closely held the insistence of the National Security in personnel and equipment. We need policy, its plan, for extensive military Agency, DOD and DOE, let China have to do more to counter those threats. exchanges with Communist China. three capabilities which are very im- But this is a real threat. Even after their espionage ring was at portant to this country and others as Another threat is having quality men long last revealed, the Peoples’s Lib- well. One was missile boost capability. and women manning these systems. We eration Army delegation is still sched- North Korea and the nations that pro- have done a lot to deter people from uled to go to Sandia nuclear weapons liferate like China and Russia give this staying in the military. We can come laboratory. Despite the opposition of to Iran, Iraq and North Korea. They together in pay and benefits in a bipar- the United States Army, a Chinese can now reach the United States. The tisan fashion to make sure that not military delegation will observe their second is MIRV. The Chinese stole only we have a missile defense system training exercises of the 3rd Infantry small nuclear capability, and now they but we have the quality people that we Division and the 82nd Airborne Divi- can put it on the tip of a missile in need to maintain these systems in the sion. multiple launch. Targeting is also very next century. That is the challenge for March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1439 this Congress. Let us rise to the occa- What if . . . people could live secure in the called ``Brilliant Pebbles.'' All of these were sion. I hope there is more of this over knowledge that their security did not rest on ``kinetic killers,'' designed to collide with their time where we come together to make the threat of instant retaliation to deter a targets. But since intercepting a target moving Soviet attack, but that we could intercept sure America is strong. 7 kilometers per second is a challenge and Mr. SPRATT. Mr. Speaker, I yield and destroy strategic ballistic missiles be- fore they reach our own soil or that of our subject to countermeasures, SDI supported di- myself the balance of my time. allies? rected energy as an alternative. In fact, SDI Mr. Speaker, let me quickly close by Reagan answered that question by launch- was at one time funding at least five different giving everyone the reasons that I sup- lasers, ground-based and space-based. port this bill. First of all, it allows us ing the Strategic Defense Initiative (SDI), and Missile defense demands earlier acquisition to realize a return on the investment of with it, a charged debate. The arguments and better tracking of targets and a means of more than $50 billion that we have al- ended over the old perennials of the cold discriminating real targets from decoys. So, ready sunk in ballistic missile defense. warÐthe MX, ASATs, the B±2Ðyears ago, Secondly, it supports ground-based but the argument over missile defense smol- SDI put money in popup infra-red sensors interceptors, the best candidate. They ders still. Unlike any other system, missile de- known as the Ground-Based Surveillance and are treaty compliant and they fit very fense has become a political totem. Its advo- Tracking System (GSTS) and space-based easily into the infrastructure of radars cates not only disagree with its opponents; but infra-red sensors known as the Space and that we have already got that will need thinking they can score politically, they accuse Missile Tracking System (SMTS) and now to be upgraded that are basically al- them of leaving the country vulnerable to mis- known as Space-Based Infrared Sensors ready installed, and also into the infra- sile attack. They diminish the fact that deter- (SBIRS) Low. It even tried interactive discrimi- structure of space-based sensors, rence worked for all of the cold war, and act nators as esoteric as a neutral particle beam, SBIRS Low and SBIRS High, that we as if missile defenses are available to shield based in space. are going to build, anyway, and deploy the whole country from attack, when this capa- Not all of these pursuits were blind alleys, because they are a complement to the- bility is far from proven and may never be at- and by no means was all of the money wast- ater missile defenses. They help them tained. On the other hand, opponents accuse ed. The ERIS, for example, was by-passed for acquire and track their targets better. advocates of firing up a new arms race. They a better interceptor. But the projectile built by Thirdly, it will focus our efforts on give little credit to the advantages of defending the Army for the ERIS was adopted by the completing the one form of strategic ourselves from attack and moving away from Navy for its theater missile interceptor. By the defense that can be developed and de- massive retaliation and mutual destruction, same token, the Army's theater missile inter- ployed in the short run. In doing this, and complementing deterrence with defense. ceptor has a sapphire window, developed for in making this investment, we will be Today, the House starts the missile defense the HEDI as a heat-resistant aperture to see making an investment on technologies debate again, this time with a resolution nota- within the atmosphere, where friction produces that are common to theater missile de- ble for its brevity. It consists of a single sen- terrific heat. tence stating: ``That it is the policy of the fense which are also kinetic-kill inter- After the gulf war, SDIO evolved into BMDO United States to deploy a national missile de- ceptors like the interceptor we will be (Ballistic Missile Defense Organization), and building. It will also promote the fense.'' The United States has deployed a national its charter was broadened to include theater THAAD and the Navy’s Upper Tier. defense as well. With billions of dollars spent Finally, if it is proven capable, these missile defense system. We spent $15 billion (in today's money) building Sprint and Spartan on research, BMDO began to assess what ground-based interceptors will give us was feasible. Laser systems were deemed fu- a defense against rogue attacks and ac- and setting up Safeguard at Grand Forks, ND, only to shut the system down in 1976. Even turistic, too far over the horizon. Ground-based cidental attacks. I think that is a laser beams were hard to propagate through threat that exists and is emerging and then, the Pentagon did not quit spending on missile defense. In the year Reagan launched the atmosphere without distortion, and space- possibly expanding. It will give us also based lasers were hard to power and protect a working system that we can learn SDI, the Pentagon put $991 million in its budget for missile defense, and that sum was from attack. Boost-phase interceptors orbiting from and build upon. But I want to in space were also vulnerable to attack, tech- stress ‘‘if proven capable.’’ It has not budgeted to rise annually to $2.7 billion by 1988. Most of it was for terminal defenses to nically challenging, and expensive to deploy, been done yet. NMD, national missile given the number needed for enough always defense, needs to be put to the test, rig- protect MX missile silos. After the mid-1980's the defense budget to be on station. Even if all these problems orous testing, made to prove that it were overcome, boost-phase interceptors can hold this country harmless against barely kept up with inflation. But with Reagan promoting it, SDI kept on increasing, rising so could be outrun by missiles with fast-burn a limited missile attack. If it can do boosters, like Russia's SS±24, a mobile mis- that, then I think it is worth buying. If fast that within 4 years of his speech, SDI was sile with a booster burn-out time of 180 sec- it cannot, I would emphasize there is the largest item in the defense budget. At $4 onds. nothing in this bill that requires us to billion a year, SDI got almost as much as the develop and deploy a system that will Army's entire account for research and devel- Emphasis shifted, therefore, to the ground- not protect us. opment. based systems. Since interdiction in the at- I would say one final thing, because Sixteen years have passed, the Defense mosphere is hard to do, the endo-atmospheric yesterday we marked up the budget Department has spent almost $50 billion on interceptor was sidetracked, and the whole resolution in the House Committee on ballistic missile defense, and it has yet to field mission devolved to mid-course interceptors. the Budget. Next week it will be on the a strategic defense system. By anybody's These have the merit of being treaty-compliant floor. This system will not come cheap. reckoning, this is real money. It's hard to and technically mature, and are clearly the It does have the advantage of being an claim, with this much spent, that the absence best candidate to go first. But no one should incremental investment on top of a of any deployed system is due to a lack of think they answer Ronald Reagan's dream. huge investment we have already commitment. The problem is more a lack of The first problem they face are counter-meas- made, but I am really dubious that the focus than fundingÐplus the fact that the task ures in the form of decoys, chaff, and re-entry budget resolution coming to the floor is tougher than Reagan ever realized. vehicles (RV's) enveloped in balloons, which next week has enough room to accom- Early on, the architects of strategic defense lure the interceptors off course. The next is a modate the cost of this system and at decided that it had to be layered. The system limiting condition SDIO acknowledged in a the same time buy an F–22 and a Joint had to take out some missiles to the boost 1992 report. Because of the radiation, heat, Strike Fighter and V–22 and the Co- phase, as they rose from their launch pads; and electromagnetic effects generated when manche and all the other procurement some re-entry vehicles in the mid-course, as RV's are destroyed and exploded, SDIO de- items that will be coming to fruition at they traveled through space; and the remain- cided that it could not postulate the take-out of the same time that this bill would call der in the atmosphere as they descended to more than 200 re-entry vehicles by mid-course for deployment of a ballistic missile their targets. So, the Pentagon sank money interceptors. If our country were attacked by defense system. into a family of systems: the High Endo-at- an adversary with an arsenal as large and so- On the evening of March 23, 1983, Presi- mospheric Defense Interceptor (HEDI); the phisticated as Russia's, the first wave could dent Reagan went on television to marshal Exo-atmospheric Re-entry Vehicle Interceptor easily include more than 200 warheads, and support for his defense budget. His words System (ERIS); and two boost-phase intercep- even with a smaller attack, the same problem would be forgotten, except for a question he tors, one known as the Space-Based Kinetic- could thwart tracking with infrared sensors and popped at the end: Kill Vehicle (SBKKV), the next more cleverly radar. H1440 CONGRESSIONAL RECORD — HOUSE March 18, 1999 H.R. 4 says that it is our policy to deploy a the cost of maintaining our strategic forces at (5) Finally, I support this bill in the hope that national missile defense. Although not identi- START I levels, both treaties are importantÐ we can put BMD on a bipartisan footing. TMD fied, the mid-course interceptor is the clear probably a lot more important to our near-term enjoys bipartisan support; NMD has been a candidate for this mission. This is not a sys- security than a limited missile defense system. bone of contention. Now that the technology is tem, however, that will ``render nuclear weap- The treaties are important also to the long-run taking shape and showing promise, NMD ons impotent and obsolete,'' in the words of role of the missile defense, because nuclear needs to stand the test of any weapons sys- President Reagan. If we have learned any- warheads in the United States and Russia tem. It ought to be put to rigorous testing, and thing over past sixteen years, we have learned must be lowered to a couple of thousand on made to prove that it can hold this country that a leak-proof defense is so difficult, it may each side if national missile defense is ever to harmless against a limited missile attack. If never be attained. H.R. 4 calls for a ``national become an effective complement to deter- strategic defense can prove its mettle, I think missile defense,'' and the committee report rence. we should buy it and deploy it. If it can't, noth- makes it clear that this means system to pro- If this bill's attraction is its brevity, it's fair to ing in this bill requires us to buy a dud. tect us against limited strikes. By ``limited'' ask, ``What purpose is served by passing it?'' Mr. SPENCE. Mr. Speaker, I yield strikes, the committee report means that the I know some think this bill is to stiffen the re- the balance of my time to the gen- objective system should take out up to 20 on- solve of the Clinton administration, but I don't tleman from Pennsylvania (Mr. coming warheads. This is the near-term goal, think that's necessary. The Clinton administra- WELDON), coauthor of this bill who is and even it is not ready to deploy. tion has put a billion dollars a year into devel- mainly responsible for us being here There is legitimate concern about how Rus- oping a ground-based system, and for the last today. (Mr. WELDON of Pennsylvania asked sia may react to this push for deployment. In several years, Congress has generally acqui- and was given permission to revise and truth, the system this bill anticipates will not esced in that level of spending. This year the extend his remarks.) defend us against a concerted attack by a na- President's budget includes funds for deploy- Mr. WELDON of Pennsylvania. Mr. tion with an arsenal as large and diverse as ing an NMD which amount to a plus-up to Speaker, first of all I want to applaud Russia's, not in the near future anyway. If it $6.6 billion or a total of $10.5 billion over FY the level of debate today on this issue can be shown to work, it should defend us 1999±FY 2005. That sounds like a system tak- and thank Members from both sides for against rogue or accidental strikes and some ing shape to me, and that's one of the rea- their diligence in focusing on this unauthorized strikes, and Russia should have sons I support deployment as our objective. At issue. I want to applaud the integrity no objection to that. this level of effort, we should be thinking about of the opponents of this issue. And I This level of missile defense seems to be a deployable system, and not more want to point out the difference be- within our reach, but it is not yet within our viewgraphs to go on the shelf. tween the opponents in this body who grasp. Secretary Cohen has just added $6.6 If anything, it may be the House that needs stood up and focused on their opposi- billion to BMD recently and put his support be- to check its resolve. Yesterday, the House tion and the opponents in the other hind national missile defense (NMD), but he Budget Committee reported a Budget Resolu- body who twice stopped a similar bill warned that the technology is ``challenging'' tion that takes $205 billion out of the Presi- from getting up to a vote and then had and ``highly risky.'' Look at our experience so dent's defense budget for the years 2004± the audacity to change and vote for it far with theater missile defense (TMD) sys- 2009. This is the very time period when the on the Senate floor yesterday. So I ap- tems. They are not comparable one-to-one to system this bill supports will be ready to de- plaud the opponents who have a logical NMD, but when the Army's Theater High Alti- ploy, along with a host of others: the Army's and philosophical difference with what tude Area Defense System (THAAD) is 0±5 in THAAD, the Navy's Upper Tier, PAC±3, the we have done here and I applaud them testing, and the Navy's Upper Tier is 0±4, we F±22, the F±18 E & F, the Comanche, the V± for taking the steps to oppose it, even should be wary of just presuming that a 22, and the JSF. You cannot load on to this though I disagree with them. ground-based interceptor can travel thousands full plate ballistic missile defenseÐground- I do take issue with those who say of miles into the exo-atmosphere and hit an based interceptors, SBIRs Low and SBIRs that we do not care about human con- RV four feet long. High, radar upgrades, and BMCCCÐand pay cerns. Mr. Speaker, I am a teacher. I The merit to me in this one-sentence bill is the billions it will cost with a defense budget spent 7 years teaching in the public not what it says but what it does not say. It that's flat-funded for six years, from 2004± schools of Pennsylvania and for 3 of recognizes that the technology of missile de- 2009. those years I ran a chapter 1 program fense has yet to be tested and proven, and it I think there is an emerging threat and there serving those children with educational does not presume to say what will be de- are good reasons for developing ballistic mis- and economic deprivations. I support ployed, when it will be deployed, or where it sile defenses, but let's not fool ourselves. Like education. I support human services will be deployed. all weapon systems, missile defense will not and needs. But what do we tell, Mr. This bill does not mandate a date certain for come cheap, and when the time comes to buy Speaker, the families of those 28 young deployment. There is no threat now that re- it, rhetoric won't pay the bills. Americans who came home in body quires us to rush development and testing or In summary, here are my reasons for sup- bags? They were hit by a missile. Do to settle for a substandard system just to say porting this bill: we tell them that we are not going to we have deployed something. In 1991, the (1) It allows us to realize a return on the in- pursue a defense? Do we tell them that Senate imposed on us in conference a ``Mis- vestment of nearly $50 billion made already there is some other more important sile Defense Act'' which made it a national on ballistic missile defense. priority after they volunteered to serve ``goal'' to deploy a missile defense system by (2) It supports ground-based interceptors our Nation? 1996. It is now 1999, and nothing has been that are treaty-complaint and fit easily into an We have no choice but to pursue mis- deployed, which shows the folly of legislating infrastructure of ground-based radars that are sile defense, Mr. Speaker, because that deployment dates. already installed and space-based sensors is the weapon of choice by rogue na- This bill also does not mention the Anti- (SBIR's Low and High) that are already being tions. I do take issue with those who Ballistic Missile (ABM) Treaty. Everyone developed for targeting theater missile inter- say that we are trying to harm our knows that we are developing ground-based ceptors defenses and tactical intelligence. strategic relationship with Russia. For interceptors that are treaty-compliant. This bill (3) It focuses BMDO on completing the one the last 20 years since graduating from does not specify the number of interceptors or form of strategic defense that can be devel- college with a degree in Russian stud- where they will be deployed, and it does not oped and deployed in the short-run, and fur- ies, I have focused on Russia. I have need toÐnot yet. We will not enhance our se- ther develops technologies on a continuum been there 18 years and I have been fo- curity by pushing NMD so hard that we derail with theater missile defense systems, particu- cusing on ways to provide more eco- Strategic Arms Reduction Treaty (START) II larly THAAD and Navy Upper Tier. nomic stability with that nation. That and doom START III. Unlike past bills, H.R. 4 (4) If proven capable, ground-based inter- is not a reason for us to deny protec- also does not tell the Administration what it ceptors will give us some defense against tion for our people. We need to provide must negotiate with the Russians, and it rogue and accidental attacks and a working this system to protect Americans. It is should not. For now, compliance with the ABM system to learn from and build upon. The best time for us to vote. Not to provide Treaty is necessary to ratifying START II and way to find if midcourse interceptors can dis- cover for Members. negotiating START III. If we are concerned criminate decoys from real RV's is to build and If Members support the President’s about the spread of nuclear weapons, or the test the actual interceptors and the target and policy of waiting a year and then decid- risk of unauthorized or accidental attack, or guidance systems. ing whether or not he should deploy, March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1441 vote against this bill. But if they feel non-proliferation policy. If my colleagues only Chairman, defense is never provocative and as we do, it is time based upon the want a missile defense, then they will have the weakness is never wise. We must pursue a threat and based upon the changing chance to vote for that today. However, if they national missile defense immediately. world to move in a new direction, truly want to protect the American people, Mr. EVERETT. Mr. Speaker, the resolution where instead of threatening each then they will only settle for something that before us today is very simple and straight- other with long-range missiles, we also attempts to stop other, more realistic, forward. H.R. 4 states that it is the policy of begin developing a new relationship threats to our safety, such as cruise missiles the United States to deploy a national missile where we defend ourselves and our peo- or smuggled bombs. The missile defense sys- defense system. Most Americans would be ple and our troops. I happen to think as tems being considered do not adequately ad- puzzled by this, because it is a widely held a teacher and a person very concerned dress these possibilities. The remarks of Sec- misconception that we have an anti-ballistic about human issues that that is the retary Cohen are very poignant here. The missile defense system in place to protect the right thing to do as we approach the Secretary acknowledged that the Joint Chiefs United States from any incoming missile; ei- new millennium. of Staff worry more about a suitcase bomb ther an accidental launch from Russia, or an I ask my colleagues to oppose the going off in one of our cities and that very few intended launch from China or any number of motion to recommit and support this countries would launch an Intercontinental rogue nations. bill to provide protection for our peo- Ballistic Missile aimed at the United States, Yes, we spent $40 billion in the 1980's for ple. knowing that they would face virtual elimi- research and development of the Strategic Ms. PELOSI. Mr. Speaker, I rise in opposi- nation. Defense Initiative (SDI). However, liberal tion to H.R. 4, the Missile Defense Bill. I think I urge my colleagues to vote no on H.R. 4. naysayers and the media criticized the pro- we all agree that this is a vitally important Mr. CALVERT. Mr. Speaker, I support of gram for being a threat to the former Soviet issue to the American people. That is why I H.R. 4 and would like to discuss one of the Union, while trivializing and demonizing the am disappointed by the Republican Leader- most important issues currently facing our na- program as ``Star Wars.'' Once the Berlin Wall ship's decision to deny any member the basic tion. Many rogue states have already proven fell and the Soviet Union collapsed, the collec- right of introducing an amendment to this bill their ability to attack the United States via tive wisdom of liberal policy makers convinced so we may have a full and open debate. long-range missile capability or nuclear-weap- the public that such a missile defense system For example, the closed rule under which ons program and others are known to be was no longer needed; the program was al- we are debating this bill blocks the amend- close to obtaining this capability. lowed to fade into a meager research effort. ment from my good friend from Maine, Rep- The United States cannot fully prevent other Unfortunately, here we are today still facing resentative ALLEN. The Allen amendment pro- nations from obtaining missile technology, al- a formidable nuclear weapons arsenal of more poses ideas I believe my Republican col- lowing them the capability to launch missiles than 7,000 warheads in the former Soviet leagues would support. The Allen amendment that may reach our borders. During their re- Union. Moreover, the development of a specifies that the United States deploy a Na- cent dispute with Taiwan, China threatened to ballistic missile capability in China, coupled by tional Missile Defense that is operationally ef- bomb Los Angeles; North Korea recently the intent of North Korea, Iran and Pakistan to fective and that a National Missile Defense launched a three-stage rocket over Japan; and briskly pursue advanced ICBM programs System not jeopardize other efforts to reduce a published CIA report determined that they places the United States and the world at threats to the United States. If we can not will soon have the technology to reach the great risk. In addition, rogue states led by Iraq, agree on these points, then I fear we are far- west coast of the United States. Knowing that Libya and Syria are pursuing ambitious ther apart then I imagined. the Chinese have the capability to attack my ballistic weapons programs of their own. The future of this country depends on a district in California, and that the North Kore- These sobering realities were again presented strong economy and a strong military. Neither ans are not far behind, compounded by the to each of us this morning by the threat anal- is possible without an educated populace. fact that we have nothing to protect us from ysis of the Rumsfeld Commission. That means that everyday, we have to make attack, strikes fear into the hearts of my con- However, President Clinton is opposed to difficult decisions about where we spend our stituents and me. this bill. According to the Statement of Admin- money and that we must be wise when decid- For the Clinton Administration to have de- istration policy, the Clinton Administration op- ing such matters. Therefore, we must not rush layed making a National Missile Defense Sys- posed this resolution for two reasons; they op- to deploy any missile defense system that will tem a top priority is a tragic mistake. To rely pose the commitment to deploy a missile de- not guarantee our protection. on the ABM Treaty, an archaic, outdated fense system and they are concerned about This debate involves many complex issues. agreement with a country that does not even violating the Anti Ballistic Missile (ABM) Trea- Lest some of my colleagues have forgotten, exist any longer, shows that our nation's secu- ty. I cannot understand this Administration's one of our potentially most significant foreign rity needs are a low priority for this Administra- reluctance to fully defend the American peo- relations accomplishments over the last 30 tion. ple, nor their concerns about complying with a years was our agreement with the former So- Our federal government is responsible for treaty that we made with a country that no viet Union to reduce the size of our nuclear ar- the general defense of our nation. The post- longer exists. senals. I am talking about the Anti-Ballistic Cold War world is littered with dangerous, Mr. Speaker, it's high time that the policy of Missile Treaty and the START II and III nu- rogue nations that either possess or are push- the United States is to fully defend our nation clear arms reduction proposals. And I say they ing toward development of nuclear weapons. from all threats, including incoming ballistic are potentially significant because I worry that North Korea and China have already illus- missiles. We are very close to achieving the if we pass the current version of H.R. 4, we trated the capability to threaten the U.S., but technological challenge and capability of a would be in violation of the ABM Treaty and they will not be the last. If we have one Sad- ``hitting a bullet with a bullet.'' We must not force the Russian Duma to fail to ratify START dam or bin Laden with nuclear missile capa- allow the Administration's reluctance to get in II. Additionally, as far as Russia is concerned, bility, they could kill millions of American citi- the way of protecting Americans; let's support do we really want to put pressure on a country zens under our current defense security pos- this legislation. trying to stabilize its fragile economy by tempt- ture. Mr. PITTS. Mr. Speaker, I rise today to ing it to respond to our actions. Right now, Mr. Chairman, we can insure speak to American families. Tonight, as you I agree with my colleagues who believe that that this nightmare never becomes reality. I sleep, we cannot adequately protect you and a new threat to our security has emerged and hope that my colleagues on both sides of the your children from a ballistic missile attack that we have a responsibility to address that aisle will support this important bill and make from rogue nations, let alone Russia or China. threat. As a member of the Intelligence Com- it a priority to deploy a national missile de- We simply must protect American families. It mittee, I know as well as anyone that the po- fense system. It is my personal belief that is our dutyÐthat is why we are here today. tential for a rogue state to strike our shores such a system should play to our techno- Deploying a national missile defense to protect may exist in the near future. However, it would logical strengths and should include a sea- American families simply makes sense. be irresponsible for us to rush to meet that po- based element. Sea-based anti-missile sys- The Administration's current arms control tential threat by spending money on some- tems would provide flexibility to protect our strategy has failed miserably, while rogue na- thing that one, is not even technologically pos- forces around the world as well as the 50 tions progress in developing long-ranges mis- sible and two, even if it were possible, would states. siles capable of carrying nuclear, chemical, or not end the threat. Further, we must have the courage to mod- biological warheads. Mr. Speaker, we do not need a missile de- ify, or even scrap, the ABM Treaty when it is In addition to the established nuclear pow- fense. If we need anything, we need a strong in our supreme national interest to do so. Mr. ers of China and Russia, the Administration H1442 CONGRESSIONAL RECORD — HOUSE March 18, 1999 has tried, and failed, to prevent Russia from Mr. HORN. Mr. Speaker, when John F. Ken- hicle to neutralize aggressors on the continent. aiding Iran's progress in missile technology nedy committed our Nation to sending a man This is especially true in the context of leaders and guideane systems. The Administration to the moon by the end of the 1960s, he was such as Slobodan Milosevic, whose political has failed, too, in Iraq and North Korea. India not ambiguous and he did not hedge. He com- ambitions have the potential to disrupt regional and Pakistan have established themselves as mitted this Nation to a hard-to-reach goal with political, social, and economic harmony. In- members of the nuclear club, and Cuba is the knowledge that American ingenuity and deed, even though political changes brought now being helped by Russia with its own reac- hard work could get the job done. He was about by the end of the cold war have altered tor. right then and we are right now to set this goal NATO's original purpose, the organization still According to the Rumsfeld Commission, before us. plays a meaningful role in the region by pro- rogue nation like North Korea and Iran will be The spread of ballistic missile technologyÐ moting political, social, and economic ties able to inflict major destruction on the U.S. combined with the spread of chemical, biologi- among European nations. Certainly, the within about five years of a decision to acquire cal, and potentially nuclear technologyÐto na- United States, as a major participant in the or- such a capability. Further, rogues can import tions openly hostile to the United States and ganization, has a strategic and humanitarian technology from Russia and China and greatly our allies has introduced a new threat and interest in preventing the conflict from spinning decrease acquisition times and increase se- new dimension to American security. out of control. crecy. The spread of this threatening technology Undeniably, there is ample evidence to Today, rogue nations don't need to develop has occurred at a rate faster than was pre- demonstrate that if the situation is left weapons of mass destruction, the merely need dicted just recently by our intelligence commu- untended, the conflict in Kosovo will draw in to purchase it. nity. This fact requires an immediate response Albanians from four surrounding regionsÐ Despite the overwhelming evidence of the to protect our Nation sooner rather than later. Macedonia, Montenegro, northern Greece and rogue nation threat, the Administration con- The technology underpinning a national mis- AlbaniaÐfurther destabilizing the region, in- tinues to downplay the threat, delay funding sile defense system is unproven today. Much creasing the number of refugees, infecting and deployment of a national missile defense, work remains to be done before a working Greek-Turkish relations, and souring relations and risk the life of every American. This is un- system can be deployed. However, unless we between member countries of NATO. One acceptable. treat this threat and our response seriously cannot profess concern about the future of It is time for the Administration and Con- and proceed with a firm commitment to de- NATO and the stability of Southern Europe, gress to make preserving our security and our ployment, we will leave ourselves vulnerable while standing idly by, declining to react to this freedom a priority. It makes no sense at all to to our most dangerous and unpredictable en- alarming state of affairs. grant Russia or China a say in our policy to emies. If members of the KLA eventually accept the defend ourselves. Protection from this threat must be treated terms laid out by European and American ne- We have the technology, designs, and intel- with the highest degree of seriousness. Na- gotiators, I believe without reserve that Amer- ligence. All we need is the straight forward tional missile defense must be undertaken in ica should participate by contributing peace- policy, and we can begin to deliver on our conjunction with other defense needs. Failure keeping troops. Since the deal calls for the constitutional duty to adequately defend Amer- to commit to the deployment of this protection Europeans to commit 25,000 troops, and the ican families. U.S. only 4,000, it is they who are assuming We can no longer afford to follow the Ad- for our Nation will mean that it is undertaken the majority of the responsibility, which, in and ministration's policy of mutual assured de- with too little funding and too little attention to of itself, is in the best interests of our country. struction. Rather, we must have a policy of de- deploy a missile defense system in time to re- The U.S. is, and must remain, an influential fending American families. spond to existing and emerging threats. Vote for H.R. 4 today, and support a policy Our first priority must be to ensure the pro- player in Europe, and therefore cannot remain that will provide for deployment of a national tection of our Nation and our armed forces de- entirely aloof from taking on a major role in missile defense. fending American interests abroad. Some the brokering of a deal between the warring Mr. PACKARD. Mr. Speaker, today we are have said that this system might not stop all parties. Unquestionably, the contribution of discussing a matter of national security and attacks. Should our response be to provide no 4,000 troops is within the means and the inter- national protection. H.R. 4, calls for the prompt protection? Of course not. I do not agree with ests of the United States. deployment of a national missile defense sys- that response and neither should you. Vote for Mr. VENTO. Mr. Speaker, I rise today in tem. This legislation is long overdue. H.R. 4 and protect our citizens from the ac- strong opposition to this legislation that will According to a congressional advisory panel tions of irresponsible nations. push the United States down a slippery slope report from July of 1998, missile threats are Ms. BROWN of Florida. Mr. Speaker, I be- and lock us into an automatic deployment of widely and drastically underestimated. Our en- lieve that we should wholeheartedly support a national missile defense system. This sys- emies are working aggressively to develop House Concurrent Resolution 42, a resolution tem is a highly speculative policy with regards ballistic missile systems capable of carrying to support the sense of Congress that the to cost and effectiveness. The best defense is weapons of mass destruction. Iran, North President is authorized to deploy U.S. troops a smart defense. The U.S. needs not just Korea, China, and others are all developing as a part of a NATO peacekeeping operation smart weapons, but smart soldiers. This deci- missile systems for one purpose: to target the to implement a peace agreement in Kosovo. sion contributes to neither. H.R. 4 will siphon United States. We cannot afford to let this I am very disappointed in Congress' reluc- off important resources that should focus on threat go unchecked. tance to commit an American contingent of ensuring that our troops have the equipment Mr. Speaker, nothing is worth more than the 4,000 troops to serve as peacekeepers in an and the training they need to maintain our se- safety of our citizens. Yet our critics claim that attempt to stabilize the region. At the same curity. The advocates for ``Star Wars'' or stra- development of a national missile defense time members of Congress are debating the tegic defense initiatives can change the system is too costly. Nothing could be further U.S. position, American negotiators are in names, but not the facts! What kind of mes- from the truth. The cost to deploy an initial Na- France struggling to negotiate a settlement sage are we relaying to our constituents back tional Missile Defense capability will amount to palatable to both sides. Although I do believe home? Congress should not be in the busi- less than the amount the United States has that an open debate about troop deployment ness of writing a blank check for yet another spent on peacekeeping deployments over the in Kosovo before the American public is nec- version of ``Star Wars.'' A pipe dream which past 6 years. essary, now is not the appropriate time to commits to spending over $100 billion without In 1995, President Clinton vetoed legislation carry on such debate, given the extreme fra- any assurance of success and evidence that similar to that which we are debating today. In gility of the peace process. such action will erode effective disarmament his veto message, the President called the de- Indisputably, peace in the region is in the and weapons agreements such as the 1972 ployment of a national missile defense ``un- best interests of the United States. Noncompli- Anti-Ballistic Missile Treaty (ABM). Today, warranted.'' Today, the President has indi- ance with our obligation to the organization their is a long agenda of real needs. Too cated that he will sign our legislation. I am re- and lack of support for our European allies, many schools are crumbling down and over- lieved that the President has finally agreed may in turn lead them to forgo the peace proc- crowded, much environmental cleanup is with my Republican colleagues and I on this ess as well, a move that will negatively affect needed, veterans are in need of adequate issue. our relationship with Europe, as well as future health care and the future of the Social Secu- Mr. Speaker, this is an issue which should joint military endeavors. rity and Medicare Insurance are crying for at- need little debate. I urge my colleagues to Although NATO was originally established tention. Investments in our people today must support a national missile defense and vote in for the purpose of deterring Soviet aggression surely take priority over such questionable favor of H.R. 4. in Europe, the Alliance is still a necessary ve- spending policies that is intended by this March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1443 version of the national missile defense meas- We should continue to do what we can to con- to the reality that this is not a situation we can ure. trol the spread of this technology and to gain postpone. The responsible action at this mo- Why rush to give blanket authority for de- agreements, such as the nuclear power ac- ment in history is to rally the political support ployment of a national missile defense at an cords achieved with North Korea in the last 4 necessary to make a national missile defen- unspecified cost? The United States has al- years. But, it is much easier for a terrorist sive system available to protect the American ready spent over $120 billion on missile de- group or rogue nation to smuggle nuclear de- people as soon as possible. fense research and development, including vices or biological weapons across our bor- Ms. BALDWIN. Mr. Speaker, in May, $67 billion since President Ronald Reagan's ders than to develop huge ballistic missiles George Lucas will release the next Star Wars ``Star Wars'' initiative. Recent systems tests under the watchful eye of our satellite sys- sequel. I can hardly wait to see it. Apparently have failed 14 out of 18 times and Joint Chiefs tems. Locking-in deployment does nothing I am not alone, since today we'll vote on our of Staff Chairman General John Shelton re- about the real threats we face today. A missile own sequel to Star Wars. Unlike Mr. Lucas an cently stated that the United States does not defense looks up at the sky for missiles when 20th Century Fox who can be confident it will yet have the technology to field a national mis- we should be looking on the ground for terror- be a hit and a money maker, all we know is sile defense. In addition, the Clinton Adminis- ists in a panel truck. that our Star Wars sequel will cost a lot of tration recently proposed spending $10.5 bil- Technology for a national defense system is moneyÐ$50 billion and counting. As for lion over the next five years to step-up re- actually more sophisticated, not less than whether it will be a hit, hit-to-kill technology is search of a workable system. Furthermore, some other forms, because of the shortened nowhere near feasible. many scientists inside and outside of the gov- timeframe, low trajectory, and limited ability to Now when 20th Century Fox makes a big, ernment testify that any system, no matter the detect such weapons deployment and activa- expensive movie they usually go with a proven sophistication, would be relatively easy for an tion. formula for success. When they gamble, they enemy to circumvent at far less cost. And This total initiative seems to cast Congress may end up with Waterworld or Ishtar. The worse yet, this initiative would lead to a re- and this issue into a political ploy more de- United States cannot afford an expensive flop. newed qualitative arms race to defeat such a signed for emotion than rational decision mak- When 20th Century Fox isn't sure they have national missile defense system. ing. Frankly, the spread of knowledge of a hit, they bring in focus groups and maybe Nonetheless, H.R. 4, a 15-word measure, weapons of mass destruction is in fact the real edit or reshoot some footage. It usually won't would give blanket endorsement by the world that we must live with. The United cost too much. We won't have that option. House, mandating automatic missile defense States of America has, in many instances, I rise today in opposition to H.R. 4, a bill deployment without regard to taxpayers, re- been the source of that knowledge. Isn't it that would make it the policy of the United gardless of its impact on global stability and time to stop or at least slow down the merry- States to deploy a national missile defense regardless of whether or not it actually would go-round? Maybe it is time to review the film, system. I do not know if it should be the policy be effective. This bill will provide a false sense ``Dr. Strangelove.'' As many of you know, this of the United States to deploy such a system. and illusion of security and waste important film addresses the consequences and results I think few of us do. Because we have not had tax dollars that could better serve people pro- of actions such as this. The basic problem is a national debate yet. grams or even real defense needs. changing mindsets and attitudes to realize that We don't know what it will cost. Clearly, this 15-word bill would fundamen- we share vulnerability, not to pretend and We don't know what the impact will be on tally undermine international arms control and falsely promise what cannot be achieved. We our future nuclear arms reduction negotiations disarmament agreements which have effec- live in a interdependent world. The path to with the Russians. tively preserved and advanced U.S. and global more security is found in addressing the prob- We don't know the impact on Anti-Ballistic security over the past three decades. Further- lems, not pretending that we can build a wall Missile treaty. more, this bill sends the wrong message to around the United States and be isolated and And we don't know if it will work. Russia and other nations at a crucial time. It impervious to events and developments in We need a national debate on a national would seriously damage relations with Russia, other nations. missile defense. A couple of hours today will violate the ABM, jeopardize the ratification of I urge all members to vote no on H.R. 4. not engage the American people in this impor- the START II Treaty by the Russian Duma Mr. KOLBE. Mr. Speaker, the development tant debate. and undermine decades of efforts to advance of a national missile defense is vital and I sup- I wish the majority had allowed a genuine national and international security through port this resolution. The bottom line is that this floor debate ion the Allen Amendment to es- arms control and disarmament agreements. is a natural evolution for our defense. tablish the criteria for deployment. If the This could stimulate an escalating nuclear Once upon a time, our ancestors built walls House is going to establish this policy, we arms race with China which would view such of stone to defend themselves from swords need to have clear deployment criteria. We a deployment as a threat to its current limited and arrows. As military weapons have should not take this step until National Missile nuclear deterrent. An end to Russian nuclear evolved, so must our defenses. While some in Defense: disarmament, the decommissioning and dis- this chamber raise legal, treaty-oriented objec- (1) has been demonstrated to be operation- assembly of nuclear weapons and a nuclear tions to this bill, we know that the reality of our ally effective against the most significant threat arms race with China and others would under- age is that a missile attack on U.S. soil by identified at the time of such deployment (and mine U.S. security far more than the alleged some rogue nations may soon be technically for a reasonable period of time thereafter); threat from rogue nations such as North Korea achievable and perhaps politically desirable. (2) does not diminish the overall national se- or Iran. H.R. 4 will reverse the ongoing suc- We don't have to go far back in time to un- curity of the United States by jeopardizing cessful arms reductions initiatives and in fact derstand this. We all know that the single other efforts to reduce threats to the United reverse U.S. policy that has been in place for bloodiest moment for American servicemen States, including negotiated reductions in Rus- 4 decades. and women in the Gulf War was the moment sian nuclear forces; and Mr. Chairman, during this debate I've heard an Iraqi Scud landed on the barracks occupied (3) is affordable and does not compromise many, too many different explanations of what by our forces. the ability of the uniformed service chiefs and these 15 words mean, I guess that they mean If anyone doubts that a despotic leader the commanders of the regional unified com- whatever an individual may claim, but I've no would take an opportunistic chance to launch mands to meet their requirements for oper- doubt that this action will be interpreted as the a missile attack at American soilÐeven as ational readiness, quality of life of the troops, green light to spend hundreds of billions of merely a demonstration strike or as a symbolic programmed modernization of weapons sys- dollars to in fact move forward beyond the $10 strike, consider the SCUD missile attacks on tems, and the deployment of planned theater billion that is already planned by the Clinton Israel. While there was clearly no military ad- missile defenses. administration. This is not a benign matter, it vantage to be gained through that action, We are doing the American people no favor is the renewal of a path to policy well traveled. Sadam Hussein launched those attacks to by rushing this bill through the Congress so An engraved invite to develop, spend and un- prove that he could, and to see if it would that we can say we're addressing the per- dercut existing treaty agreements. The wrong rouse support from other nations. ceived threat. Let's take our time, get it right, policy path. Given those circumstances, we have no and use our constituents' tax money wisely. The recent threats we face from North choice but to embrace the policy declared in That will make our Star Wars the kind of Korea and other rogue nations do not require this bill and move forward with the develop- blockbuster that every American will want to the deployment of a national missile defense ment of a national missile defense system. see. system. The United States has faced the This is not a threat that will pass. The Mr. RODRIGUEZ. Mr. Speaker, I rise today threat from long-range missiles for 40 years. Rumsfield Commission has opened our eyes to express support for H.R. 4, and I will vote H1444 CONGRESSIONAL RECORD — HOUSE March 18, 1999 in favor of this legislation. We certainly should We do know it would be expensive. We've largest is economic inequality and endemic not fail to explore the possibilities of protecting already spent $120 billion, and estimates now poverty around the world. A small fraction of the United States from missile attack from en- approach $200 billion more. the cost of the missile defense system would emies across the globe. But we don't know where this money will give us a good start on such a program. But, we must also make a realistic assess- come from. Do we sacrifice veterans' benefits, Ms. DEGETTE. Mr. Speaker, I rise today in ment of the threats we face and consider how or home health care? Education or environ- opposition to H.R. 4, and urge my colleagues we can best use our resources. While the mental protection? to vote in favor of the motion to recommit. threat of a hostile missile attack exists, the far We do know that this bill undermines years H.R. 4 is a bill whose time has not come. It greater threat comes from terrorism, whether of progress with the one country whose mis- is a bill whose time, arguably, may never domestic or international, and whether spon- siles actually pose a threatÐRussia. For dec- come. As General Hugh Shelton, the Chair- sored by rogue individuals, organizations or ades, we've negotiated to reduce Russia's nu- man of the Joint Chiefs of Staff, said in Feb- states. The weapons of mass destruction I clear arsenal. The Russian parliament is con- ruary of this year, ``The simple fact is that we most fear are not intercontinental ballistic mis- sidering deeper cuts. But Russia sees an do not yet have the technology to field a na- siles traveling through the stratosphere, but American missile defense as a direct threat to tional missile defense. We have, in fact, put those coming across our land and sea ports its own deterrent and a reason to abandon nu- some $40 billion into the program over the last and delivered by an aerosol can, suitcase or clear arms reductions. 10 years. But today we do not technologically panel truck. We don't know if Russia can even maintain have a bullet that can hit a bullet.'' General To protect against such asymmetrical its current force level without an accidentÐBe- Shelton, testifying only 44 days ago before the threats we must devote appropriate resources sides setting back years of diplomacy, this bill House Armed Services about this issue, con- to Customs, the Immigration and Naturaliza- could actually increase the risk of an acci- tinues: ``The technology to hit a bullet with a tion Service, and even the Coast Guard. dental launch as Russia tries to manage a bullet remains elusive.'' These agencies are our nation's first line of missile force with its crumbling infrastructure. Yet today the House is considering legisla- defense along our borders and major ports of We do know that this bill could begin a new tion that presumes this technology does exist, entry. More personnel and better technology arms race. Other nations may feel so threat- when it in fact does not. H.R. 4 presumes this are needed if we want to defend against ter- ened that they will seek to develop weapons missile defense system can be developed and rorists trying to smuggle into the United States to counteract our missile defense. deployed, when in fact after tens of billion dol- weapons of mass destruction. We want more In short, we are asked today to authorize lars in research, in General Shelton's words, it commerce with our neighbors and inter- enormous sums of public money to nullify ``remains elusive.'' If General Shelton's sum- national trading partners, yet we do not pro- years of arms control. To risk re-igniting the mation is not simple enough, I offer an anal- vide adequate resources to the very agencies arms race. All for a defense system that may ogy which easily explains my opposition to tasked with managing the trade. not work. To protect us from a threat that may H.R. 4: the cart should not be put before the Just this week federal authorities, including not materialize. horse. The decision to deploy a National Mis- It doesn't take New England frugality to rec- the INS, arrested 15 people on charges of op- sile Defense system should not be made until ognize that we can do better, and I urge my erating an immigration fraud ring that helped there is a clear capability to address a poten- colleagues to join me in voting ``no.'' members of an alleged Iranian terrorist group tial national security threat. Mr. BROWN of California. Mr. Speaker, I enter the United States illegally. Several years How many times has a defense technology will vote against H.R. 4, a bill committing the ago, a cargo ship owned by a Chinese ship- been rushed to the field in a spectacular United States to deploy a national missile de- ping company and destined for the United shower of funding from Congress, only to be fense system as a matter of national policy. States was boarded off the California coast declared obsolete on the day when the last I will not repeat the arguments against pass- and a cache of firearms was discovered. With bolt is tightened or just as a system is de- ing the bill, since such arguments have little current resources and technology are we able clared ``fully operational''? With all the good in- impact on most Members. Frankly, leaders on to stop an illegal weapons or known dan- tentions of this Congress to take steps to pre- both sides are supporting the bill largely be- gerous persons from entering the United serve national security, there are too many cause they think that it is a good political strat- States? questions regarding the readiness of this tech- egy or that failure to do so may be used nology to consider beginning deployment of a The administration has included in its budg- against them in the next election. These are National Missile Defense. et $10.5 billion for fiscal years 1999 through not ignoble motives. In fact, concern for our Let our research scientists, engineers and 2005 for national missile defense. I say in ad- national defense is a very noble motive, and military commanders finish their job, first. If dition to this money we devote more re- I deeply respect those of my colleagues who there is a national security threat that can be sources to those dedicated individuals on our express this concern. addressed with a proven national missile de- nation's borders and ports of entry who man- However, during the 1960's and 1970's fense technology, bring that evidence before age our international trade and face potential when similar arguments were made to deploy Congress, and then let's decide whether or threats everyday. an ABM system, or to escalate the Vietnam not it makes sense to deploy such a system. Mr. DELAHUNT. Mr. Speaker, each day, war, Presidents and their advisors made the But until then, I urge my colleagues to not get Members of this House debate how to save same supportive arguments aware that they ahead of the horse. Social Security and Medicaid. How to cut could not be justified. They reversed them- Equally as troubling to me is the fact that taxes. How to stay within mandated spending selves, recanting their former words only when H.R. 4 in its brevity fails to recognize the arms caps. All to make sure that we only spend tax the American people came to understand the control gains we have made under the Anti- money on things we needÐand things that unwinnability of a ground war in Asia in a situ- Ballistic Missile Treaty. The deployment of a work. ation where no vital U.S. interests were at system as prematurely proposed by this bill Now comes the missile defense bill. Before stake and the futility of a missile arms race, ei- may in fact put us in noncompliance with this casting this vote, let's review what we knowÐ ther offensive or defensive, against the treaty, a treaty that has slowed arms develop- and what we don't knowÐabout this proposal. U.S.S.R. In the face of great odds both the ment for nearly 30 years. I worry that this bill We do know that we already have a na- United States and the U.S.S.R. moved toward could send the wrong message to Russia and tional missile defenseÐthe threat of swift and arms control and reduction and toward co- China, who might likely see it as a signal to disproportionate retaliation with our own nu- operation in a growing number of economic start the arms race again. It might also be clear weapons. and political areas. viewed by other nations as an invitation to join We don't know if an anti-ballistic system will I am confident that the leaders of the na- in. workÐwhich is why almost no-one will attest tions of the world have passed the era of even As H.R. 4 is silent on these issues, it pro- to its reliability. Even the Chairman of the Joint considering nuclear war as a viable option. vides an oversimplistic policy for an extremely Chiefs has said that ``we do not yet have the For a rogue nation or a terrorist group to de- complex, interdependent group of concerns. technology to field a national missile defense.'' liver a nuclear device by means of a ballistic The 15-word, one sentence policy statement We do know that an anti-ballistic system missile, whose launch point can be precisely in H.R. 4 grossly trivializes the importance of cannot defend against the most probable form detected, amounts to national suicide, even if this issue of national defense. Without serious of attack. The likeliest 21st-century enemies it were to evade the proposed U.S. missile de- consideration of the full ramifications of this will use cheap, hard-to-trace methods to kill fense system. policy, and without the opportunity to amend Americans, like gassing subways or poisoning Our efforts today should be focused on this bill to do justice to this national security reservoirs. eliminating the causes of war, of which the issue, I cannot support this bill. March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1445 Mr. DICKS. I rise in support of H.R. 4 the issue. It is important that the House consider upheavals in history. We no longer face a Weldon-Spratt National Missile Defense bill. I this bill today in an effort to educate America world fenced off by two superpower nations. am a cosponsor of the bill and urge my col- as to why this issue is so important to our fu- Today we are a global community facing a leagues to support it. At the same time, I ture. new and real threat from small rogue nations strongly support the amendment offered by Mr. Speaker, I have long believed that the and their ability to launch an attack directly on TOM ALLEN, which was not allowed on the security of the American people is the primary American soil. floor, which clarifies that we will not deploy a and most important responsibility of the Fed- I support this proposal because I want to system unless we know that it works. The eral Government. In recent years we have protect my three young children. However, my Allen amendment also makes clear that the learned that one of the biggest threats facing support comes with certain reservations. If we readiness and Theater Missile Defense (TMD) that security is the proliferation of weapons of can stand together to support this proposal to of our troops is our top priority. We may have mass destruction and more importantly the protect our children, we must also stand to- an opportunity to vote for this sensible alter- dissemination of sensitive missile technology gether and enact legislation to provide our native as a motion to recommit, and I urge my into the hands of our potential advisories. children with access to technology in the colleagues to support it. Recent polls indicate that many Americans classrooms, as well as the training and edu- Even as we pass this bill we need to come think our military forces can currently shoot cation in our public schools to ensure they re- clean with the American people. We have not down any missile fired at the United States. main competitive in the new digital economy. been able to make National Missile Defense Well, Mr. Chairman, as the debate has pointed As the 21st Century approaches we are facing work, and at this time, we don't have a system out here today, this is not the case. The the uncharted territory of the information age. to deploy. We are developing this system as United States does not have a missile defense We must do all we can for this next generation fast as we can, in fact, we may be pushing the system today and we won't have a missile de- of Americans. The SPEAKER pro tempore (Mr. technology too hard. But significant challenges fense system tomorrow unless this Congress SUNUNU). All time for debate has ex- remain. We have experienced a series of fail- acts responsibility to direct our military to de- pired. ures with our medium-range THAAD system. If velop one. H.R. 4 is the first step towards be- The bill is considered read for amend- we can't even do THAAD, how are we going ginning this process. ment. to do National Missile Defense, where the tar- If there is one thing I have learned since Pursuant to House Resolution 120, gets are much faster and much more sophisti- being elected to Congress is that many na- the previous question is ordered. cated? The Army successful tested the shorter tions, large and small, are developing their The question is on the engrossment range PAC±3 missile defense system this own weapons of mass destruction and are and third reading of the bill. week. And we all hope that THAAD will bet moving ahead with potential use. Just last The bill was ordered to be engrossed back on track with a successful test next year, two new countries entered the nuclear and read a third time, and was read the month. But we shouldn't kid ourselves here. arms race. Pakistan and India. And, many third time. We have a long way to go to get a National more nations much less friendly towards the MOTION TO RECOMMIT OFFERED BY MR. ALLEN Missile Defense system. Fortunately we have United States continue to pursue the ability to Mr. ALLEN. Mr. Speaker, I offer a good people working on the problem. launch weapons of mass destruction. motion to recommit. We should also be honest with the Amer- As this technology spreads throughout the The SPEAKER pro tempore. Is the ican people on what we are talking about de- world, the need for a national missile defense gentleman opposed to the bill? ploying. This will not be the leak proof missile is increased. The United States can not sit by Mr. ALLEN. Yes, I am, Mr. Speaker, defense shield that Ronald Reagan dreamed and wait for the next country or terrorist orga- in its present form. of when he founded the Strategic Defense Ini- nization to threaten the United States. We The SPEAKER pro tempore. The tiative. We are no closer to achieving a leak must be proactive and develop our own sys- Clerk will report the motion to recom- proof defense against Russian missiles today tem to combat that threat. mit. than we were in 1983. Instead, we are devel- According to the bipartisan Rumsfeld Com- The Clerk read as follows: oping a system designed to deal with the lim- mission the ballistic missile threat to the Mr. ALLEN moves to recommit the bill H.R. United States ``is broader, more mature and 4 to the Committee on Armed Services with ited and relatively unsophisticated threats pre- instructions to report the same back to the sented by countries like Iran and North Korea. evolving more rapidly than reported in esti- House forthwith with the following amend- I believe developing a defense against these mates and reports of the intelligence commu- ment: threats is necessary and appropriate. And by nity.'' Even more alarming is that the simple Strike all after the enacting clause and in- voting for H.R. 4, Congress will signal its in- fact that the United States may have ``little or sert the following: tent to deploy such a system if it works. no warning'' before a ballistic missile threat That it is the policy of the United States to But it will not change the fact that Russia, materializes. To quote Secretary Cohen, ``the deploy a ground-based national missile de- the old Soviet Union, maintains thousands of ballistic missile threat is real and is growing.'' fense, with funding subject to the annual au- nuclear weapons, which they can launch As a member of the National Security Ap- thorization of appropriations and the annual appropriation of funds for National Missile against the United States at will. And for this propriations Committee, I have learned first Defense, that— reason, I cannot support those who advocate hand that we must act now. The cost to de- (1) has been demonstrated to be operation- abandoning the ABM treaty which has been ploy an initial National Missile Defense should ally effective against the threat as defined as the cornerstone of strategic arms reduction. not deter us from our responsibility. It has of the time of such deployment and as pro- Deploying a National Missile Defense system been estimated that, in reality, this initial step jected for a reasonable period of time there- will improve our national security, but nothing will amount to less than the amount the United after; can compare to the importance of imple- States has spent on peacekeeping deploy- (2) does not diminish the overall national ments over the past six years. A national mis- security of the United States by jeopardizing menting START II, and negotiating a START other efforts to reduce threats to the United III agreement with Russia. We should not sile defense is an investment worth making. If States, including negotiated reductions in abandon the ABM treaty in our haste to pro- we can spend over $11 billion on a ``peace- Russian nuclear forces; and tect against the North Koreans of the world. keeping'' mission in Bosnia over the past four (3) is affordable and does not compromise Missile defense has proved to be a tough years, we can surely establish a proper mis- the ability of the uniformed service chiefs nut to crack. We have been trying to deploy a sile defense. and the commanders of the regional unified workable national missile defense system In closing Mr. Speaker, the ballistic missile commands to meet their requirements for since the 1960's and have spent tens of bil- threat to the United States is real. It is not 5 operational readiness, quality of life of the lions of dollars, without success. This bill years away. Congress needs to move forward troops, programmed modernization of weap- and deploy a National Missile Defense system ons systems, and the deployment of planned today signals that Congress is deadly serious theater missile defenses. about solving this problem. But it will not to provide the fundamental security that Amer- change the fact that national missile defense icans deserve. H.R. 4 provides that framework b 1615 is difficult. And it should not push us to aban- and I urge all my colleagues to support this The SPEAKER pro tempore (Mr. don arms reduction with the Russians. important bill. SUNUNU). The gentleman from Maine Mr. FRELINGHUYSEN. Mr. Speaker, I rise Mr. LARSON. Mr. Speaker, I rise in support (Mr. ALLEN) is recognized for 5 minutes today to support H.R. 4, the National Missile of this resolution. From the end of World War in support of his motion to recommit. Defense Act, and to thank my colleagues II to the end of the cold war and the fall of the Mr. ALLEN. Mr. Speaker, I want to CURT WELDON, JOHN SPRATT, and Chairman Berlin Wall, our generation has been witness begin by commending both the gen- FLOYD SPENCE for their leadership on this to some of the greatest social changes and tleman from Pennsylvania (Mr. H1446 CONGRESSIONAL RECORD — HOUSE March 18, 1999

WELDON) and the gentleman from The third part of the motion is that friend, the gentleman from California South Carolina (Mr. SPRATT) for the the system must be affordable and not (Mr. FARR). What he does not tell our work they have done on this issue. This compromise readiness quality of life, colleagues is that we have spent $19 bil- is a case where there are some of us weapons modernization, and exceed- lion in contingency funds out of our de- who respect and admire their expertise ingly importantly, theater missile de- fense budget for deployments that were in this area but do disagree on the sub- fenses needed to protect our troops and never budgeted for over the past 6 stance of the policy, that it is the right our war ships that are forward de- years. Nineteen billion dollars, all over one for this country. It is certainly ployed. The costs are, as my colleagues the world, $9 billion in Bosnia; all of true that the threat that has evolved know, subject to great debate, but last that money came out of a defense with rogue nations is different from year in June the GAO estimated the budget that was already shrinking. So, what it was perceived to be a number cost of 18 to 28 billion to develop, we have made a commitment. of years ago, and it is appropriate to produce, deploy and operate a national We should oppose the Allen motion consider the responses to that. But I missile defense system through 2006. to recommit. H.R. 4 is a simple, would point out that couple of facts. The truth is we really do not know how straightforward bill with bipartisan One is that even the system that is big a cost we have, but it is in the support; the Allen motion is not. It is being proposed today is a very limited amount of billions and billions of dol- complicated, it is hard to understand. defense system that would only deal, as lars. H.R. 4 does not mandate a system ar- a practical matter, with the threat With that, Mr. Speaker, I would say chitecture which is why the gentleman from rogue nations and not provide the it is my hope that colleagues will want from South Carolina (Mr. SPRATT) and broader security that perhaps some be- more detail, want more testing, want I worked together. His amendment lieve. more understanding, that they will would, in fact, say we must have a But the objection that I have pri- support the motion to recommit. ground-based system. It precludes a marily is this: Mr. Speaker, I yield to the gentleman system that perhaps one day could use This system has not been tested. We from California (Mr. FARR ). our AEGIS technology. H.R. 4 address- do not know whether or not it will Mr. FARR of California. Mr. Speaker, es the serious threats we face today, work, and I believe that the decision to I rise to support the motion to recom- not unknown threats that may emerge deploy should follow and not proceed; mit, and I would just like to remind down the road. We cannot predict what the testing, that would show whether our colleagues that our Nation must they will be. Operational effectiveness or not we have a viable system here. maintain a defensive posture, but not should be key in determining. The The motion to recommit has three at any cost. Allen motion mandates operational ef- parts. The motion provides that it is The Joint Chiefs of Staff have pleaded for fectiveness prior to establishing a pol- the policy of the United States to de- increased funding for spare parts, training, icy. Mr. Speaker, that is ridiculous. If ploy a ground-based national missile troop and quality of life initiatives . . . not de- we had done that, we would not have defense that, number one, has been ployment of a national missile defense. demonstrated to be operationally effec- And if we look at the requests from the Poseidon program, we would not tive against the threat as perceived at the Joint Chiefs of Staff, those re- have Trident, we would not have the the time we come to a decision on de- quests are that this Congress funds AIM–9 side winder, we would not have ployment. The gentleman from Penn- spare parts, training of troops and AMRAAM, we would not have the Hawk. What a ridiculous way to try to sylvania (Mr. WELDON) said the Presi- quality of life initiatives. dent’s policy, and he is correct, is to As my colleagues know, this Con- fund defense needs by saying we are deploy some time next year after we gress has not yet supported the bailout going to have the operational effective- have had some tests. Let me first men- funds for the disaster in Central Amer- ness prior to establishing a policy. tion a couple of things: ica, and I was just there a week ago, The Allen motion also could give We need to know we should not com- and I want to remind this Congress Russia a veto over our own NMD pol- mit to deploying a national missile de- that 21 nations responded to that, in- icy. No foreign Nation should have the fense until we know it works. This is cluding ours, but we have not sent one ability to have a veto over us. If an extraordinarily difficult technology, dime of assistance, Mr. Speaker. No arms control agreement gets in the hitting a bullet with a bullet. The first missile defense system will ever pro- way, then we have got to renegotiate intercept test will be held in the sum- tect this country from a nation in pov- that treaty or we have got to do what mer of 1999, this year, but the first erty. is best for our people, not allow an- fully integrated test of the entire sys- We have not yet saved social secu- other Nation to hold us hostage. tem will not be held until the winter of rity, we have not reduced class size, we H.R. 4 establishes and indeed is a 2001. That is a long time off, and a lot have not provided for health care for high priority, it is got bipartisan sup- can happen during that time. Missile all Americans, Mr. Speaker. In our zeal port, and it is time for us to vote on defense has been a program where we to protect our democracy we were ac- this issue, to cut through the rhetoric; have run the risk of rushing to rush tually jeopardizing our democracy by yes, if my colleagues are in favor, no, if ahead with the system before it is fully failing to protect our domestic tran- they are not. I urge my colleagues to tested. There are new tests that have quility. oppose the Allen substitute and to vote been added which are appropriate, but Mr. Speaker, I urge my colleagues to in favor of H.R. 4. we still, I think, need to wait and to support the motion to recommit. see how the test works before we move Mr. SPENCE. Mr. Speaker, I rise in The SPEAKER pro tempore. Without ahead with the decision to deploy. opposition to the motion to recommit. objection, the previous question is or- The second part of the motion pro- Mr. Speaker, I began my remarks dered on the motion to recommit. vides that the motion to the com- today by pointing out the frustrations There was no objection. mittee would provide that the system I have in trying to protect our people, The SPEAKER pro tempore. The would not be deployed if it would di- the frustrations of having to fight our question is on the motion to recommit. minish the overall national security of own people to protect our own people. the United States by jeopardizing other That frustration has carried over today The question was taken; and the efforts to reduce threats to the United on the floor of this House. We have peo- Speaker pro tempore announced that States including negotiated reductions ple who resist the temptation to pro- the noes appeared to have it. in Russian nuclear forces. We really tect our own people. We are trying to Mr. ALLEN. Mr. Speaker, on that I need to make sure that we handle this drag people, screaming and yelling, to demand the yeas and nays. matter appropriately so that the great that point where they will have to pro- threat of all of the nuclear weapons tect our own people. The yeas and nays were ordered. still available in Russia are managed Mr. Speaker, I yield to the gentleman The vote was taken by electronic de- and controlled and that we do not do from Pennsylvania (Mr. WELDON). vice, and there were—yeas 152, nays anything to jeopardize our ability to Mr. WELDON of Pennsylvania. Mr. 269, answered ‘‘present’’ 1, not voting deal with that task. Speaker, let me just respond to my 11, as follows: March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1447 [Roll No. 58] King (NY) Pascrell Skeen [Roll No. 59] Kingston Paul Slaughter YEAS—152 Knollenberg Pease Smith (MI) YEAS—317 Kolbe Peterson (MN) Smith (NJ) Ackerman Gephardt Mink Abercrombie Franks (NJ) Matsui Kucinich Peterson (PA) Smith (TX) Allen Gonzalez Moakley Aderholt Frelinghuysen McCarthy (NY) Kuykendall Petri Smith (WA) Baird Gutierrez Morella Andrews Frost McCollum Baldacci Hall (OH) Nadler LaHood Phelps Snyder Largent Pickering Souder Archer Gallegly McCrery Baldwin Hastings (FL) Napolitano Armey Ganske McHugh Barrett (WI) Hill (IN) Neal Larson Pickett Spence Bachus Gekas McInnis Becerra Hilliard Oberstar Latham Pitts Stearns Baker Gibbons McIntosh Bentsen Hinchey Obey LaTourette Pombo Stenholm Ballenger Gilchrest McIntyre Berkley Hinojosa Olver Lazio Porter Stump Barcia Gillmor Berman Hoeffel Owens Leach Portman Sununu Menendez Berry Holt Pallone Lee Pryce (OH) Sweeney Barr Gilman Metcalf Blagojevich Hooley Pastor Lewis (CA) Quinn Talent Barrett (NE) Gonzalez Mica Blumenauer Inslee Payne Lewis (KY) Radanovich Tancredo Bartlett Goode Millender- Bonior Jackson (IL) Pelosi Linder Ramstad Tanner Barton Goodlatte McDonald Borski Jackson-Lee Pomeroy Lipinski Regula Tauscher Bass Goodling Miller (FL) Brown (CA) (TX) Price (NC) LoBiondo Reyes Tauzin Bateman Gordon Miller, Gary Brown (FL) Jefferson Rahall Lucas (KY) Reynolds Taylor (MS) Bentsen Goss Mollohan Brown (OH) Johnson, E. B. Rangel Lucas (OK) Riley Taylor (NC) Bereuter Graham Moore Capps Jones (OH) Rivers Maloney (CT) Roemer Terry Berkley Granger Moran (KS) Capuano Kanjorski Rodriguez Manzullo Rogan Thomas Berman Green (TX) Moran (VA) Cardin Kaptur Rothman Mascara Rogers Thornberry Berry Green (WI) Murtha Carson Kennedy Roybal-Allard McCollum Rohrabacher Thune Biggert Greenwood Nethercutt Clay Kildee Rush McCrery Ros-Lehtinen Tiahrt Bilbray Gutknecht Ney McHugh Roukema Toomey Clayton Kilpatrick Sabo Bilirakis Hall (OH) Northup McInnis Royce Traficant Conyers Kind (WI) Sanchez Bishop Hall (TX) Norwood McIntosh Ryan (WI) Turner Cooksey Kleczka Sandlin Blagojevich Hansen Nussle McIntyre Ryun (KS) Upton Costello Klink Sawyer Bliley Hastert Ose Coyne LaFalce Schakowsky Metcalf Salmon Visclosky Mica Sanders Walden Blunt Hastings (FL) Oxley Crowley Lampson Serrano Boehlert Hastings (WA) Packard Cummings Lantos Miller (FL) Sanford Walsh Sherman Bonilla Hayes Pallone Danner Levin Skelton Miller, Gary Saxton Wamp Bono Hayworth Pascrell Davis (IL) Lewis (GA) Stabenow Mollohan Scarborough Watkins Borski Hefley Paul DeFazio Lofgren Strickland Moore Schaffer Watts (OK) Boswell Herger Pease DeGette Lowey Thompson (CA) Moran (KS) Scott Weldon (FL) Peterson (MN) Delahunt Luther Thompson (MS) Moran (VA) Sensenbrenner Weldon (PA) Boucher Hill (IN) DeLauro Maloney (NY) Thurman Murtha Sessions Weller Boyd Hill (MT) Peterson (PA) Dicks Markey Tierney Nethercutt Shadegg Wexler Brady (TX) Hilleary Petri Dingell Martinez Towns Ney Shaw Whitfield Brown (FL) Hinojosa Pickering Dixon Matsui Udall (CO) Northup Shays Wicker Bryant Hobson Pickett Doggett McCarthy (NY) Udall (NM) Norwood Sherwood Wilson Burr Hoeffel Pitts Dooley McDermott Velazquez Nussle Shimkus Wise Callahan Hoekstra Pombo Edwards McGovern Vento Ortiz Shows Wolf Calvert Holden Pomeroy Engel McKinney Waters Ose Shuster Young (AK) Camp Horn Porter Eshoo McNulty Watt (NC) Oxley Simpson Young (FL) Campbell Hostettler Portman Evans Meehan Waxman Packard Sisisky Canady Houghton Price (NC) Farr Meek (FL) Weiner ANSWERED ‘‘PRESENT’’—1 Cannon Hoyer Pryce (OH) Fattah Meeks (NY) Weygand Capps Hulshof Quinn Filner Menendez Woolsey Spratt Cardin Hunter Radanovich Ford Millender- Wu NOT VOTING—11 Castle Hutchinson Ramstad Frank (MA) McDonald Wynn Chabot Hyde Regula Boehner Coburn Myrick Frost Miller, George Chambliss Inslee Reyes Burton Doolittle Stark Gejdenson Minge Chenoweth Isakson Reynolds Buyer McCarthy (MO) Stupak Riley Clyburn McKeon Clement Istook NAYS—269 Coble Jackson-Lee Rodriguez Abercrombie Clement Gillmor b 1642 Collins (TX) Roemer Aderholt Coble Gilman Combest Jefferson Rogan Andrews Collins Goode Messrs. BISHOP, TAUZIN, CONDIT, Condit Jenkins Rogers Archer Combest Goodlatte EHLERS and Ms. LEE changed their Cook John Rohrabacher Armey Condit Goodling vote from ‘‘yea’’ to ‘‘nay.’’ Cooksey Johnson (CT) Ros-Lehtinen Bachus Cook Gordon Messrs. PALLONE, KIND, RAHALL, Cox Johnson, Sam Rothman Baker Cox Goss OWENS AND MS. KILPATRICK AND Cramer Jones (NC) Roukema Ballenger Cramer Graham Crane Kanjorski Royce Barcia Crane Granger MS. EDDIE BERNICE JOHNSON of Cubin Kasich Ryan (WI) Barr Cubin Green (TX) Texas changed their vote from ‘‘nay’’ Cunningham Kelly Ryun (KS) Barrett (NE) Cunningham Green (WI) to ‘‘yea.’’ Danner Kennedy Salmon Bartlett Davis (FL) Greenwood Davis (FL) Kildee Sanchez Barton Davis (VA) Gutknecht So the motion to recommit was re- Davis (VA) King (NY) Sandlin Bass Deal Hall (TX) jected. Deal Kingston Sanford Bateman DeLay Hansen The result of the vote was announced DeLay Bereuter DeMint Hastings (WA) Kleczka Saxton as above recorded. DeMint Klink Scarborough Biggert Deutsch Hayes Stated for: Bilbray Diaz-Balart Hayworth Deutsch Knollenberg Schaffer Bilirakis Dickey Hefley Mr. STARK. Mr. Speaker, during rollcall vote Diaz-Balart Kolbe Scott Bishop Doyle Herger No. 58 on the Allen motion to recommit with Dickey Kuykendall Sensenbrenner Bliley Dreier Hill (MT) instructions, I was unavoidably detained. Had Dicks LaFalce Sessions Dixon LaHood Shadegg Blunt Duncan Hilleary I been present, I would have voted ``yea.'' Boehlert Dunn Hobson Dooley Lampson Shaw Bonilla Ehlers Hoekstra Stated against: Doolittle Largent Shays Bono Ehrlich Holden Mr. MCKEON. Mr. Speaker, due to District Doyle Larson Sherman Boswell Emerson Horn Business, I missed rollcall No. 58. Had I been Dreier Latham Sherwood Boucher English Hostettler present, I would have voted ``no.'' Duncan LaTourette Shimkus Boyd Etheridge Houghton The SPEAKER pro tempore (Mr. Dunn Lazio Shows Brady (PA) Everett Hoyer Edwards Leach Shuster Brady (TX) Ewing Hulshof Sununu). The question is on passage of Ehrlich Lewis (CA) Simpson Bryant Fletcher Hunter the bill. Emerson Lewis (KY) Sisisky Burr Foley Hutchinson The question was taken; and the English Linder Skeen Callahan Forbes Hyde Speaker pro tempore announced that Etheridge Lipinski Skelton Calvert Fossella Isakson Everett LoBiondo Smith (MI) Camp Fowler Istook the ayes appeared to have it. Ewing Lucas (KY) Smith (NJ) Campbell Franks (NJ) Jenkins Mr. SPENCE. Mr. Speaker, on that, I Fletcher Lucas (OK) Smith (TX) Canady Frelinghuysen John demand the yeas and nays. Foley Maloney (CT) Smith (WA) Cannon Gallegly Johnson (CT) The yeas and nays were ordered. Forbes Maloney (NY) Snyder Castle Ganske Johnson, Sam The vote was taken by electronic de- Ford Manzullo Souder Chabot Gekas Jones (NC) vice, and there were—yeas 317, nays Fossella Martinez Spence Chambliss Gibbons Kasich Fowler Mascara Spratt Chenoweth Gilchrest Kelly 105, not voting 12, as follows: H1448 CONGRESSIONAL RECORD — HOUSE March 18, 1999 Stabenow Thompson (CA) Watts (OK) call vote 58, ``yea'' and on rollcall vote 59 and 11 a.m. for legislative business. Stearns Thompson (MS) Weldon (FL) Stenholm Thornberry Weldon (PA) ``yea.'' Votes are expected after noon on Tues- Stump Thune Weller f day, March 23. Sununu Thurman Wexler On Tuesday, we will consider a num- Sweeney Tiahrt Weygand GENERAL LEAVE ber of bills under suspension of the Talent Toomey Whitfield Tancredo Traficant Wicker Mr. SPENCE. Mr. Speaker, I ask rules, a list of which will be distributed Tanner Turner Wilson unanimous consent that all Members to Members’ offices. Tauscher Upton Wise may have 5 legislative days within Also on Tuesday, March 23, the House Tauzin Visclosky Wolf will take up H. Res. 101. It is a privi- Taylor (MS) Walden Young (AK) which to revise and extend their re- Taylor (NC) Walsh Young (FL) marks on H.R. 4, the bill just passed. leged resolution on committee funding. Terry Wamp The SPEAKER pro tempore (Mr. On Wednesday, March 24, and the Thomas Watkins SUNUNU). Is there objection to the re- balance of the week, the House will NAYS—105 quest of the gentleman from South meet at 10 a.m. to consider the fol- Ackerman Frank (MA) Napolitano Carolina? lowing legislative business: H.R. 1141, a Allen Gejdenson Neal There was no objection. bill making emergency supplemental Baird Gephardt Oberstar appropriations; H.R. 472, the Local Cen- Baldacci Gutierrez Obey f Baldwin Hilliard Olver sus Quality Check Act; and the budget Barrett (WI) Hinchey Owens ANNOUNCEMENT BY COMMITTEE resolution. Becerra Holt Pastor ON RULES REGARDING AMEND- Mr. Speaker, we expect to conclude Blumenauer Hooley Payne legislative business by 2 p.m. next Bonior Jackson (IL) Pelosi MENTS TO H.R. 472, LOCAL CEN- Brady (PA) Johnson, E. B. Phelps SUS QUALITY CHECK ACT week on Friday, March 26. Mr. Speaker, I want to thank the Brown (CA) Jones (OH) Rahall Mr. DREIER. Mr. Speaker, I rise to Brown (OH) Kaptur Rangel gentleman from New Jersey (Mr. inform the House of the Committee on Capuano Kilpatrick Rivers PALLONE), my friend, for yielding to Carson Kind (WI) Roybal-Allard Rules’ plans in regard to H.R. 472, the me. Clay Kucinich Rush Local Census Quality Check Act. Clayton Lantos Sabo Mr. PALLONE. Mr. Speaker, I want Conyers Lee Sanders H.R. 472 was favorably reported by to thank the gentleman from New Costello Levin Sawyer the Committee on Government Reform Coyne Lewis (GA) Schakowsky York. If I could just ask in terms of a on Wednesday, March 17. little more specifics, will we definitely Crowley Lofgren Serrano The Committee on Rules may meet Cummings Lowey Slaughter be in next Friday, or is it possible we Davis (IL) Luther Strickland next Tuesday to grant a rule which would conclude the business earlier DeFazio Markey Tierney may require that the amendments be than that? DeGette McDermott Towns preprinted in the CONGRESSIONAL Delahunt McGovern Udall (CO) Mr. LAZIO. Mr. Speaker, if the gen- DeLauro McKinney Udall (NM) RECORD. In this case, amendments to tleman will yield, I would say that, Dingell McNulty Velazquez be preprinted would need to be signed Doggett Meek (FL) Vento right now, it appears that we will be in by the Member and submitted to the on Friday, particularly because we are Ehlers Meeks (NY) Waters Speaker’s table by the close of legisla- Engel Miller, George Watt (NC) taking up the budget resolution this Eshoo Minge Waxman tive business next Tuesday, March 23. week, and it looks like that will be Evans Mink Weiner Amendments should be drafted to the taken up on Thursday. Right now it Farr Moakley Woolsey bill as ordered reported by the Com- Fattah Morella Wu looks like the votes very probably are Filner Nadler Wynn mittee on Government Reform, a copy going to be on Friday, but we should be of which may be obtained from the NOT VOTING—12 out by 2 p.m. on Friday. Subcommittee on the Census. Mr. PALLONE. Mr. Speaker, I thank Boehner Coburn Myrick Members should use the Office of Burton McCarthy (MO) Ortiz the gentleman. Let me ask in terms of Buyer McKeon Stark Legislative Counsel to ensure that the legislative business, the supple- Clyburn Meehan Stupak their amendments are properly drafted mental, the census, the budget bill. and should check with the Office of b 1701 Does the gentleman have any more spe- Parliamentarian to be certain that cifics in terms of when he would expect So the bill was passed. their amendments comply with the each of those to be considered on The result of the vote was announced rules to the House. It is not necessary Wednesday, Thursday, or Friday, or as above recorded. to submit amendments to the Rules the order? A motion to reconsider was laid on Committee or to testify as long as the Mr. LAZIO. Mr. Speaker, if the gen- the table. amendments comply with House rules. tleman will yield, we will have the Stated for: A ‘‘Dear Colleague’’ letter announc- committee funding resolution up on Mr. MCKEON. Mr. Speaker, due to district ing this potential amendment process Tuesday. We expect on Wednesday we business, I missed rollcall No. 59. Had I been was mailed to all Member offices will have H.R. 1141, the supplemental present, I would have voted ``yea.'' today. will be up on the floor, and we expect Stated against: f that to be voted on Wednesday. Mr. STARK. Mr. Speaker, during rollcall vote On Thursday, we expect the budget No. 59 on H.R. 4, I was unavoidably detained. LEGISLATIVE PROGRAM resolution to be up and possibly the Had I been present, I would have voted ``no.'' (Mr. PALLONE asked and was given census legislation, the Local Census f permission to address the House for 1 Quality Check Act. We expect right minute.) PERSONAL EXPLANATION now, again, to conclude business by 2 Mr. PALLONE. Mr. Speaker, I rise to p.m. on Friday with votes probably on Mr. BURTON of Indiana. Mr. Speaker, dur- inquire about next week’s schedule, the budget on Friday. ing rollcall votes No. 58 and No. 59, on H.R. and I yield to the gentleman from New Mr. PALLONE. On Friday. Mr. 4, I was unavoidably detained. Had I been York (Mr. LAZIO). Speaker, one more thing. In terms of here I would have voted ``nay'' on rollcall vote Mr. LAZIO. Mr. Speaker, I am any late nights, is the gentleman from No. 58, a motion to recommit with instructions. pleased to announce that we have con- New York expecting any late nights? Had I been here, I would have voted ``aye'' on cluded legislative business for the Mr. LAZIO. Mr. Speaker, if the gen- rollcall vote No. 59, final passage of H.R. 4. week. There will be no votes tomorrow, tleman will yield, right now it is very f Friday, March 19. difficult to tell. I think, if there are On Monday, March 22, the House will any late nights, it probably will be PERSONAL EXPLANATION meet at 2 p.m. for a pro forma session. Thursday evening because of the budg- Ms. MCCARTHY of Missouri. Mr. Speaker, Of course there will be no legislative et resolution and the possibility of the during rollcall votes 58 and 59 on March 18, business and no votes that day. census. 1999, I was unavoidably detained. Had I been On Tuesday, March 23, the House will So Thursday, right now, it looks like present, I would have voted as follows: on roll- meet at 9:30 a.m. for the morning hour it is the only late evening. But of March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1449 course it depends on the pace that we This week in particular, there will be There was no objection. keep and our ability to move our legis- no votes on Monday. We will not come f lative work during this week. in until 12 o’clock, or we expect no Mr. PALLONE. Mr. Speaker, I thank votes until 12 o’clock on Tuesday. We DISPENSING WITH CALENDAR the gentleman. will be out by 2 p.m. on Friday. Of WEDNESDAY BUSINESS ON Mr. DeFAZIO. Mr. Speaker, will the course, 2 weeks thereafter we will be in WEDNESDAY NEXT gentleman yield? recess. So we have a difficult week in Mr. LAZIO. Mr. Speaker, I ask unani- Mr. PALLONE. I yield to the gen- terms of trying to ensure that a budget mous consent that the business in tleman from Oregon. resolution and some other legislation order under the Calendar Wednesday Mr. DeFAZIO. Mr. Speaker, I would is done in a 4-day period. rule be dispensed with on Wednesday I can only tell the gentleman that we like to direct a question to the gen- next. tleman from New York (Mr. LAZIO). are trying to be sensitive to those col- leagues who are on the West Coast. The SPEAKER pro tempore. Is there Last week, I observed the gentleman objection to the request of the gen- from Michigan (Mr. BONIOR) rise and There has been some significant modi- fication of the schedule to reflect that tleman from Texas? ask the gentleman from Texas (Mr. There was no objection. ARMEY) if it would be possible to delay sensitivity over the last several weeks. votes on Tuesday to accommodate I think that we are going to continue f West Coast members. to try and work on it. But, again, this week in particular, APPOINTMENT OF MEMBERS TO If I leave my district at 6:00 in the JOINT ECONOMIC COMMITTEE morning, I can barely make it here by we have a 4-day week. We are not in at 5:00 in the evening. That is common to all on Monday, and we have the 2 The SPEAKER pro tempore. Without many people who live on the West weeks of recess thereafter. It is impor- objection, and pursuant to the provi- Coast. I realize the gentleman can walk tant that we get our work done. We sions of 15 U.S.C. 1024(a), the Chair an- to his district in that time period. This will do the best that we can. nounces the Speaker’s appointment of Mr. DEFAZIO. Mr. Speaker, will the is a problem. It is a real problem. the following Members of the House to gentleman from New Jersey yield fur- So I scheduled to come in on Monday the Joint Economic Committee: ther? Mr. SANFORD of South Carolina, afternoon. My plane was canceled. So I Mr. PALLONE. Mr. Speaker, I yield took the first plane out on Tuesday Mr. DOOLITTLE of California, to the gentleman from Oregon. Mr. CAMPBELL of California, morning. I find, when I get here at 4:30 Mr. DEFAZIO. Mr. Speaker, I am Mr. PITTS of Pennsylvania, and that the House concluded business at pretty sure of next week before a re- Mr. RYAN of Wisconsin. 2:30 in the afternoon, and I missed the cess. But, again, just pointing to this There was no objection. votes, as did some other people from week, votes were done by 2:30 on Tues- the West Coast. I saw the gentlewoman day. Clearly, the House could have f from Wyoming (Mrs. CUBIN) from not gone in at 4 o’clock in the afternoon APPOINTMENT OF MEMBER TO even quite the west coat on the plane and been done by 6:30 on Tuesday and BOARD OF TRUSTEES OF JOHN on Tuesday also. accommodated Members from the West F. KENNEDY CENTER FOR THE I would hope that the majority will Coast. consider this schedule in the future. I Then on Wednesday, we reversed the PERFORMING ARTS would further note, and no one should entire schedule and did not vote until The SPEAKER pro tempore. Without take offense at this, because even after 3:00 because of a parade for people objection, and pursuant to section 2(a) though my name is DEFAZIO, my moth- on the East Coast. I mean, some of us of the National Cultural Center Act (20 er is an O’Shea, and I come from the might have liked to go to Saint Pat- U.S.C. 76h(a)), the Chair announces the O’Sheas and Crowleys, I note that, on rick’s Day parades on the West Coast, Speaker’s appointment of the following Wednesday, the House of Representa- but the gentleman would have had to Member of the House to the Board of tives delayed all votes until after 3 give us 2 days to do it. In any case, I do Trustees of the John F. Kennedy Cen- o’clock this afternoon because there not see great sensitivity in last week’s ter for the Performing Arts: was a Saint Patrick’s Day parade in schedule. I hope, after we come back Mr. GEPHARDT of Missouri. New York. from the recess, they can do a little There was no objection. Now for some reason, we can delay better by West Coast Members. f all the proceedings of the House of Rep- Mr. PALLONE. Mr. Speaker, I want resentatives until after 3 o’clock in the to thank the gentleman from New COMMUNICATION FROM HON. RICH- afternoon for a joyous occasion, a pa- York (Mr. LAZIO). Hopefully we can ARD A. GEPHARDT, DEMOCRATIC rade, but for regular business and ac- look into that after that recess. LEADER commodating the schedules of West Mr. LAZIO. Mr. Speaker, if the gen- tleman will yield, I will be happy to, The Speaker pro tempore laid before Coast Members, who constitute a sig- and we will continue to try and show the House the following communica- nificant minority of this body, they ap- sensitivity for this issue. tion from RICHARD A. GEPHARDT, parently can do nothing. The other point, of course, in all of Democratic Leader: Mr. Speaker, I would just ask the this is to make sure that the commit- HOUSE OF REPRESENTATIVES, gentleman if there is any consideration tees have Members here on both sides OFFICE OF THE DEMOCRATIC LEADER, going to be given on that side to put- of the aisle. There has been concern ex- Washington, DC, March 17, 1999. ting those votes, the two or three votes pressed by the committee chairmen, so Hon. J. DENNIS HASTERT, that were done by 2:30 in the afternoon that Members are here, they attend to Speaker of the House, Washington, DC. later in the day on Tuesday? DEAR MR. SPEAKER: Pursuant to section their business, we get our work done, it 801(b)(6) and (8) of Public Law 100–696, I here- Mr. LAZIO. Mr. Speaker, will the is on the legislative floor here. We will gentleman from New Jersey (Mr. by appoint the following individual to the try to work to ensure that there is bet- United States Capitol Preservation Commis- PALLONE) yield? ter predictability and good commu- sion: Mr. Pastor, AZ. Mr. PALLONE. I yield to the gen- nication on both sides of the aisle. Yours Very Truly, tleman from New York. f RICHARD A. GEPHARDT. Mr. LAZIO. Mr. Speaker, I would say, f first of all, I am very sympathetic to ADJOURNMENT TO MONDAY, the gentleman’s plight. I am lucky MARCH 22, 1999 b 1715 enough to live in New York and be able Mr. LAZIO. Mr. Speaker, I ask unani- REPORT OF CORPORATION FOR to shuttle down here. There is dif- mous consent that when the House ad- PUBLIC BROADCASTING—MES- ficulty. The majority and the minority journs today it adjourn to meet at 2 have been working with Members to p.m. on Monday next. SAGE FROM THE PRESIDENT OF try to increase the predictability of the The SPEAKER pro tempore. Is there THE UNITED STATES schedule. There has been more sensi- objection to the request of the gen- The SPEAKER pro tempore (Mr. MIL- tivity. tleman from New York? LER of Florida) laid before the House H1450 CONGRESSIONAL RECORD — HOUSE March 18, 1999 the following message from the Presi- rible tragedy took place. In their slum- often under water even in the best of dent of the United States; which was ber, over late night snacks and con- times, and it may be less of a wrench- read and, together with the accom- versations, fellow Americans aboard ing experience for some of us than panying papers, without objection, re- Amtrak’s City of New Orleans were around the country. ferred to the Committee on Commerce. jolted into a reality of death and in- We are going to watch for an unusu- jury. ally harsh spring in the Pacific North- To the Congress of the United States: Today we mourn with our fellow west, in the Southwest, in the East, As required by section 19(3) of the Americans. In particular, I pause to and it is an item that the Federal Gov- Public Telecommunications Act of 1992 offer condolences to fellow Mississip- ernment has been concerned about for (Public Law 102–356), I transmit here- pians who suffered losses in this crash. a number of years. The Federal Gov- with a report of the Corporation for We pause to give thanks for life while ernment has been a partner working to Public Broadcasting. This report out- seeking to understand why bad things protect against flood damage since lines, first, the Corporation’s efforts to happen. The American family stands 1960. Over $40 billion Federal dollars facilitate the continued development of with all those who have suffered. have been invested in this effort. superior, diverse, and innovative pro- Out of the tragedy came several sto- Ironically, the losses from flood dam- gramming and, second, the Corpora- ries of heroism. We can find the age today, adjusted for inflation, are tion’s efforts to solicit the views of the strength and endurance of the Amer- three times greater than before we public on current programming initia- ican spirit in many of the passengers started in 1960 and spent the $40 billion. tives. who worked to protect and save the Why? In part, because we have not been This report summarizes 1997 pro- lives of others during this crash. I want as wise as we should have been in the gramming decisions and outlines how to tell my colleagues about students expenditure of these funds. We have Corporation funds were distributed— from Mississippi who were on this taken rivers across the country, we $47.9 million for television program de- train. have narrowed and channelized them, velopment, $18.8 million for radio pro- Young Mississippians from Covenant we have encouraged people to live up to gramming development, and $15.6 mil- Christian School and Clinton High the river’s edge with a false sense of se- lion for general system support. The School were returning from a spring curity, we have paved over half our Na- report also reviews the Corporation’s break trip. Out of the chaos and heart- tion’s wetlands and, consequently, in Open to the Public campaign, which al- break, these Mississippi teenagers went many of these areas, there is simply no lows the public to submit comments to work securing the safety and well- place for the water to go. via mail, a 24-hour toll-free telephone The result of our Federal disaster being of fellow passengers. These stu- line, or the Corporation’s Internet policy has been massive damage to a dents were courageous, caring, heroic, website. number of the same properties at a and brave. I am confident this year’s report will great cost to the taxpayer. One home I want all Americans to know about meet with your approval and commend, in Houston that is appraised at less these teenagers from Clinton High as always, the Corporation’s efforts to than $115,000 has received over $800,000 School and Covenant Christian School. deliver consistently high quality pro- in federal flood insurance in less than Why? Because we can all stand a little gramming that brings together Amer- 20 years. taller and feel a little better about our ican families and enriches all our lives. There is, in fact, a smarter way to Nation and our future. WILLIAM J. CLINTON. promote community livability. I have Mr. Speaker, I provide the names of introduced legislation today, with the THE WHITE HOUSE, March 18, 1999. these students for inclusion in the f gentleman from Maryland (Mr. RECORD. GILCHREST), H.R. 1186, to bring the Fed- ANNUAL REPORT OF NATIONAL List of Students: Danielle Bell, Drew Bilbo, eral Government up-to-date on water Chris Carter, Suzanne Cole, Emily ENDOWMENT FOR DEMOCRACY, resource management. 1998—MESSAGE FROM THE PRESI- Diffenderfer, Tim Farrar, Michael Freeman, Anna Fulgham, Stephanie Ly, Jeff Sartor, The current system simply does not DENT OF THE UNITED STATES Shadia Slaieh, Jessica Switzer, Anshika work well. The Corps of Engineers does The SPEAKER pro tempore laid be- Singh, Caleb McNair, Melissa Watson, and cost-benefit analysis that simply does fore the House the following message Christina Bomgaars. not recognize the benefit of flood dam- from the President of the United Chaperones: Delores Bell, John Farrar, and age avoided by moving communities States; which was read and, together Phyllis Hurley. out of harm’s way and it, consequently, with the accompanying papers, without f produces a flawed analysis. objection, referred to the Committee SPECIAL ORDERS Likewise, Federal financial assist- on International Relations: ance has a current cost-share formula The SPEAKER pro tempore. Under that penalizes communities that make To the Congress of the United States: the Speaker’s announced policy of Jan- special efforts to develop and imple- As required by the provisions of sec- uary 6, 1999, and under a previous order ment hazard mitigation and floodplain tion 504(h) of Public Law 98–164, as of the House, the following Members management. amended (22 U.S.C. 4413(i)), I transmit will be recognized for 5 minutes each. Lastly, we do not give communities herewith the 15th Annual Report of the f enough flexibility to fine-tune the National Endowment for Democracy, projects that we have previously au- which covers fiscal year 1998. INTRODUCING LEGISLATION TO BRING FEDERAL GOVERNMENT thorized. WILLIAM J. CLINTON. As a result, on the books we have UP-TO-DATE ON WATER RE- THE WHITE HOUSE, March 18, 1999. projects that are often expensive and SOURCE MANAGEMENT f do not adequately address the threat in The SPEAKER pro tempore. Under a today’s needs, and communities are not PRAISE TO STUDENTS FROM COV- previous order of the House, the gen- allowed to be involved in this process ENANT CHRISTIAN AND CLINTON tleman from Oregon (Mr. BLUMENAUER) directly. HIGH SCHOOLS FOLLOWING is recognized for 5 minutes. Our legislation, H.R. 1186, would cor- AFTERMATH OF AMTRAK TRAIN Mr. BLUMENAUER. Mr. Speaker, rect all of these items. It changes the CRASH one of the characteristics of a livable cost-benefit ratio to fully reflect the (Mr. SHOWS asked and was given community is the desire to promote benefits including avoided costs of permission to address the House for 1 the safety, health, and economic secu- moving people out of harm’s way. It minute and to revise and extend his re- rity of our families. will provide the same financial incen- marks.) Today, in the newspapers around the tives for the low-cost, innovative, less Mr. SHOWS. Mr. Speaker, today I country, people read of the expected intrusive approaches to floodplain stand before the American people and flooding that is about to occur this management as if people are going to my colleagues to comment on the fatal spring. I, obviously, come from an area use traditional dams, dikes and levies. Amtrak train crash that occurred ear- of the Pacific Northwest that will be Finally, it will allow the private and lier this week. I am saddened this ter- particularly hard hit, although we are public local partners, who are working March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1451 with the Corps of Engineers and the Urban Development, and even the requiring a community like Staten Is- Federal Government, to provide cost- White House Council on Environmental land to accept nearly 10 billion pounds effective solutions and to be able to re- Quality came to New York for a day- of garbage every year. fine and fine-tune those plans without long tour of waste transfer stations in Let there be no mistake. If the EPA having to go back through the reau- the South Bronx. They came to see for or a State or local agency finds a par- thorization process. themselves and to hear the residents ticular facility poses a health risk to a We talk a lot on the floor of this who claim that these facilities pose an community, the agency should miti- House about reducing Federal redtape. environmental injustice on their com- gate or eliminate that risk, regardless, This is a simple item that we, by legis- munity. regardless, of the race or ethnicity of lation, can permit our communities to Let me add that I have no problem the residents of the neighborhood. But avoid the costs and consequences of with them going to the South Bronx. a governmental policy that takes skin trying to crawl back through the legis- The morning after the tour, the EPA color into account does not do justice, lative process or, worse, build simply a and the White House Council on Envi- environmental or otherwise, to Ameri- project that we know will fail. ronmental Quality organized an un- cans, nor should it be funded with our As we watch the flooding that is precedented 8-hour public hearing in tax dollars. about to occur this spring across the which residents had the opportunity to The fact is that 234 billion, I say bil- country, I hope that we will think voice their outrage over the existence lion, pounds of raw garbage is no less about how the Federal Government of the transfer stations. At the conclu- offensive because it sits rotting in a needs to be a more constructive part- sion of the event, and at a speed in community that is predominantly ner for livable communities. I strongly which I have never seen the Federal white. I believe this country stands for urge my colleagues to join the gen- Government act, the White House equality for all. If something adversely tleman from Maryland (Mr. GILCHREST) Council on Environmental Quality an- affects someone, it does not matter if and me in the sponsorship of H.R. 1186. nounced that it would undertake an en- they are black, Hispanic or white. If it f vironmental justice investigation in is bad for one, it is bad for all. the South Bronx. It may come as a surprise to advo- VACATION OF SPECIAL ORDER This is, quite possibly, the most cates of environmental justice, but AND GRANTING OF SPECIAL clear-cut hypocrisy on the part of the thousands of Staten Islanders of all ORDER EPA that I have ever witnessed. At its races and ethnicities live within one Mr. FOSSELLA. Mr. Speaker, I ask core, the doctrine of environmental mile of the Fresh Kills Landfill. Much unanimous consent to claim the time justice defies the most fundamental like me, they do not see color when of the gentleman from California (Mr. American principles of equality and looking at garbage, they just see trash, CALVERT). justice. Why? Because while the White and they know hypocrisy when they The SPEAKER pro tempore. Is there House Council on Environmental Qual- smell it. objection to the request of the gen- ity mobilized its top officials for a tour The SPEAKER pro tempore. Under a tleman from New York? of the South Bronx, granted a predomi- previous order of the House, the gentle- There was no objection. nantly minority community, it never woman from Texas (Ms. JACKSON-LEE) f considered traveling just a few miles to is recognized for 5 minutes. Staten Island, which just happens to be ENVIRONMENTAL INJUSTICE (Ms. JACKSON LEE of Texas ad- a predominantly white community, to dressed the House. Her remarks will The SPEAKER pro tempore. Under a see one of the most horrific examples previous order of the House, the gen- appear hereafter in the Extensions of and nightmares of the 20th century Remarks.) tleman from New York (Mr. FOSSELLA) known as the Fresh Kills Landfill. is recognized for 5 minutes. To me, Mr. Speaker, it was an insult f Mr. FOSSELLA. Mr. Speaker, I rise to every resident of Staten Island and EXCHANGE OF SPECIAL ORDER tonight to bring to the attention of the a slap in the face to the hard working TIME American people what I think is a people of my district, who have been great injustice that is occurring in our burdened for 50 years by this 3,000 acre, Mr. SCHAFFER. Mr. Speaker, I ask country. It is injustice that seeks to 150-foot-high illegal garbage dump, the unanimous consent to claim the time pit community against community, largest in the country. This facility is of the gentleman from Florida (Mr. color against color and the American not only the largest in our country, but GOSS). people against one another. It is an in- one of, so legend has, one of only two The SPEAKER pro tempore. Is there justice that we are witnessing in my man-made structures visible from objection to the request of the gen- district in Staten Island, but it is in- outer space. tleman from Colorado? justice that I have little doubt we will Recognizing the absurdity of any in- There was no objection. be battling throughout the Nation be- vestigation on waste disposal in New f fore long. York without a full and comprehensive MY COMMITMENT TO CROP The controversy centers around the discussion of Fresh Kills, I filed my INSURANCE seemingly innocuous-sounding policy own complaint with the EPA for an en- advanced by the Environmental Pro- vironmental justice review on Staten The SPEAKER pro tempore. Under a tection Agency known as ‘‘environ- Island. In the days since, the silence previous order of the House, the gen- mental justice’’. In theory, this legal from the EPA and the White House tleman from Colorado (Mr. SCHAFFER) doctrine is supposed to reflect the no- Council on Environmental Quality has is recognized for 5 minutes. tion that all communities, regardless been deafening. Mr. SCHAFFER. Mr. Speaker, low of race or ethnicity, should share It should also not be forgotten that commodity prices, disease and weath- equally in the burdens and risks of en- for the South Bronx and every other er-related problems, coupled with de- vironmental protection policies. It borough in New York City, waste would clining export opportunities and weak sounds reasonable, except, of course, be continually moving through trans- demand, have taken a devastating toll until the theory is applied. fer stations en route to a destination on Colorado’s agriculture industry. Over the years, the policy has been out of state, whereas at the Fresh Kills Farm income has fallen dramatically twisted like a pretzel, so that today, Landfill the trash literally sits and over the past 2 years, and it is difficult lawyers and activists now believe that rots in our community forever. to predict how soon it might rebound. different people deserve different treat- The EPA and the White House Coun- While Congress recently helped stave ment or, more precisely, that some cil on Environmental Quality failed to off disaster in rural America, with an people are more equal than others. see the hypocrisy of fighting tooth and emergency assistance package, it is Earlier this month, for example, top nail against a waste transfer station or evident gaping holes exist in federal Federal officials from the Environ- transfer stations in the South Bronx crop insurance as a viable safety net. mental Protection Agency, Depart- because it would be located in a minor- In 1996, Congress passed the Freedom ment of Transportation, Housing and ity community but, at the same time, to Farm Act, allowing producers the H1452 CONGRESSIONAL RECORD — HOUSE March 18, 1999 flexibility to adjust crop acreage in re- in the coming weeks to express my clearly inconsistent with past Postal sponse to both economic and agro- utter dismay and disappointment with Service practices. The Postal Service nomic factors, while providing farms a the United States Postal Service. has issued commemorative stamps for safety net through market transition On April 17, 1900, the traditional flowers like roses, comic strips, horses, payments, loan rates, and crop insur- chiefs of the South Pacific Islands of and even a foreign country like Aus- ance. Tutuila and Aunu’u agreed to become a tralia. Yet here, when the request is Recently, some have suggested Con- part of the United States and the one for recognition of a celebration of gress return to the old system of defi- United States flag was raised on what a political union with the United ciency payments and production is now known as the U.S. Territory of States territory, the first of such quotas, and take action to increase American Samoa. Since that time, the stamp for an American territory, the loan rates and extended loan matu- residents of American Samoa have Postal Service saw fit to reject the re- rities in order to improve low com- been proud of their affiliation with this quest on grounds that it would not add modity prices. great Nation and have demonstrated to its so-called balanced stamp pro- b 1730 their loyalty and patriotism in count- gram. less way. Many Americans do not realize this, But because the international mar- Mr. Speaker, April 17 is known as Mr. Speaker, but American Samoa was ketplace has grown so rapidly and be- Flag Day in American Samoa and it is cause American exports of any par- a major staging area for some 40,000 the biggest holiday in the territory. soldiers and Marines in World War II. ticular commodity represent such a Flag Day celebrations are not limited small percentage of world production, Thousands of Samoa’s sons and daugh- to American Samoa. Flag Day is cele- ters served proudly in the military reducing acreage in the United States brated throughout the United States no longer has much effect on world service. wherever there is a sizeable Samoan Mr. Speaker, this is absolutely ridic- market prices. community. American Samoans in Ha- U.S. wheat exports, for example, only ulous, and I appeal to my fellow Ameri- waii, California, Nevada, Utah, Alaska, cans to write to the Postal Service, tell account for approximately 5 percent of Washington, and other parts of the global production. The future of Colo- them why we should have a postage United States pause each year on this stamp. We need a postage stamp, and I rado’s farm profits does lie outside U.S. important date to celebrate this monu- borders. I will continue my work in think we could ask for no less. mental occasion in its history. The per capita rate of enlistment in the U.S. Congress to guarantee fair and abun- Unbeknownst to many Americans, dant trading opportunities overseas for military services is as high as any state or ter- Mr. Speaker, April 17 of next year will ritory; for decades American Samoa served as our producers and their commodities. mark the 100th year in which this a Naval coaling station for our ships in the Pa- As this progresses, however, we must South Pacific territory, U.S. territory, cific; during World War II, American Samoa also ensure a viable safety net exists has had a political relationship with was the staging point for 30,000 U.S. marines for farmers and ranchers in countering the United States. And the local gov- involved in the Pacific theater; the territory the effects of unexpected market dis- ernment leaders have been preparing was the first land some astronauts came to ruptions and natural disasters. I am for this centennial celebration for the during the Apollo missions, including the now working alongside the chairman and last 3 years. other Members of the House Com- Three years ago, American Samoa’s famous Apollo 13 mission; and American mittee on Agriculture to develop a bet- governor and myself began the process Samoa produces more NFL player per capita ter, more comprehensive risk manage- of requesting that a U.S. postage stamp than any jurisdiction in the U.S. with approxi- ment program which will provide in- be issued to commemorate the centen- mately 15 Samoans currently playing profes- centives for farmers to participate nial of American Samoa joining the sional ball. while protecting against losses and low part of the American political family. In the 1990's, stamps were issued in rec- market prices. The Postal Service responded to our ognition of the Federated States of Micronesia This plan will allow the market to 1996 request for a stamp by saying we (1990), the Commonwealth of the Northern work without artificially raising con- were too early to apply for consider- Mariana Islands (1993), the Republic of the sumer prices, without pricing us out of ation. We again asked last year, and we Marshall Islands (1990), and the Republic of the export market, without acreage or were told we applied too late. We have Palau (1995), all of which were territories in production controls, and while adher- also been told that the Postal Service recent memory. ing to Federal budget constraints. Fur- just does not recognize territorial Mr. Speaker, with this history of recognizing thermore, this crop insurance program events. centennials of statehood, acquisitions of terri- must allow producers to recover their Having researched the issue, which tories and other important events in the polit- cost production in the case of natural expected America Samoa to be treated ical history of every other territory, I ask the disasters but also encourage and re- like any other American jurisdiction in U.S. Postal Service why not American ward the production of the harvesting this regard. States which have had Samoa? of crops. centennials of their statehood com- Mr. Speaker, I am here today to tell you that Reforming the current risk manage- memorated recently on postage stamps there is no balance. There is no logic. There ment system will take a lot of hard include the States of Wisconsin, Ten- is no equality in treatment. The Postal Service work and the interaction between Colo- nessee, Iowa, Utah, Florida, and Texas. is acting in a manner that is totally incon- rado producers, the Congress, and the The Postal Service also issues stamps sistent with its past practices and decisions. President. But in order for farmers and to commemorate such territorial ac- How else can you explain the inconsistent ac- ranchers to survive and thrive in mar- quisitions as the Louisiana Purchase, tions the Postal Service has taken regarding ket-driven systems, an adequate safety and the acquisitions of the territories treatment of U.S. territories. net must exist to account for unfore- of Alaska, Hawaii, Puerto Rico, and Perhaps American Samoa stands a better seen and uncontrollable losses. I will the Virgin Islands. chance of convincing the Postal Service to continue my work in Congress to en- America Samoa, Mr. Speaker, is the issue a commemorative stamp if it reframed sure Colorado farmers and ranchers only U.S. territory left which volun- the current request as one asking for a stamp have this necessary option. tarily joined the United States. We to commemorate the 100th anniversary of the f have waited 100 years for a commemo- special relationship between the Samoan Fruit rative stamp, and the Postal Service is Bat and the United States. The Postal Service GIVE AMERICAN SAMOA ITS COM- still making excuses. Mr. Speaker, how has seen fit to issue stamps for a variety of MEMORATIVE POSTAGE STAMP much longer do we have to wait? issues and causes, including birds, and per- The SPEAKER pro tempore (Mr. MIL- Mr. Speaker, this is absurd. I ask my haps this change in approach will bolster our LER of Florida). Under a previous order fellow Americans to write and to e- chances for success. of the House, the gentleman from mail the U.S. Postal Service to give To achieve balance in representation, Mr. American Samoa (Mr. FALEOMAVAEGA) American Samoa its centennial post- Speaker, is a very difficult task. Reasonable is recognized for 5 minutes. age stamp. persons with reasonable expectations will dis- Mr. FALEOMAVAEGA. Mr. Speaker, Mr. Speaker, the Postal Service’s agree about what reasonably balanced I rise today and I will continue to do so conduct in handling this matter is means. However, this is not the situation here. March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1453 The Postal Service is being totally unreason- These adjustments shall apply while the leg- Most importantly, we have achieved able on these facts. islation is under consideration and shall take all of these important priorities and I understand that decisions about which effect upon final enactment of the legislation. goals while living within the balanced stamp requests to approve and which stamp Questions may be directed to Art Sauer or budget agreement and paying down the requests to reject are difficult decisions to Jim Bates at x6±7270. national debt. make and that in the end there will always be f Ultimately, this budget is about a person or group who will not be happy with making sure the American dream is FISCAL RESPONSIBILITY IN WASH- such decisions. I respect the fact that the not gambled away here in Washington. INGTON, D.C., AND SECURITY postal service cannot please everyone. I have I hope we can pass this historic budget FOR ALL AMERICANS no qualms with these aspects of the stamp- next week in this House with bipar- approval process. I do, however, have serious The SPEAKER pro tempore. Under a tisan support. I will look forward to concerns and reservations when decision- previous order of the House, the gen- supporting the budget when it is con- making processes yield results that do not tleman from Kentucky (Mr. FLETCHER) sidered in the full House. It is a budget logically follow based on established prece- is recognized for 5 minutes. that is about truth, priorities, fiscal re- dent. Mr. FLETCHER. Mr. Speaker, I want straint, and hope. Mr. Speaker, it is inequitable and unreason- to talk to my colleagues tonight about Additionally, we moved to secure able to deny American Samoa what the Postal our work to secure America’s freedom. America’s freedom. Economic, social, First, I am pleased to be part of the Service has routinely granted other U.S. terri- and educational security are all very Committee on Budget that has finally tories and states. important. However, what is a delivered what the American people I will not stand by idly, Mr. Speaker, when balanced budget, a strong economy, tax want, fiscal responsibility in Wash- my constituents, the people of American relief, or anything else for that matter SamoaÐpeople who are deeply patriotic and ington and security for all Americans. It is a budget that achieves one of the without an adequate national defense? appreciative of the relationship American Unfortunately, missile attacks could most important goals, one of my most Samoa shares with our RepublicÐare threaten every security that we work important goals: Assuring that no one unequitably treated by a semi-independent so hard to protect and the freedom that agency of our Federal Government. Neither will be left behind as we enter the 21st century. we all have taken for granted. We need will my colleagues in the House and Senate. to be concerned about this and focused Numerous Members of Congress have written Our priorities are very simple, yet they are very important: Preserving on the growing number of rogue na- to the Postal Service urging the Postal Service tions who are working to acquire capa- to treat American Samoa's request in the Social Security, paying down the debt, establishing farm security, increasing bilities to strike at our cherished free- same manner it has treated similar requests doms. by the other territories. Despite these efforts to funding for education and defense, and providing tax relief for American fami- We all know that, for the most part, persuade, using precedent and reason, the times are good. That is why it is im- Postal Service to this day refuses to issue a lies. These are issues that are impor- tant to the folks back home in Ken- portant and this is a perfect time to commemorative stamp honoring the 100th an- address this concern. I am pleased we niversary of the union between the U.S. and tucky, as well as to the folks across America. have taken this important step today. American Samoa. It is a step toward establishing a na- Mr. Speaker, I urge my colleagues to do Last light we passed a budget out of tional missile defense system for this what is right, what is just, what is fair, and committee that locks away 100 percent great Nation. Most importantly, it is a what is reasonable on these facts. Nothing of the Social Security surplus, includ- more. I ask that you join the people of Amer- ing every penny of the Social Security step toward providing each and every ican Samoa in urging the Postal Service to re- tax as well as the interest, to preserve American with a sense of security, a consider its position and to grant American and protect Social Security and Medi- strong national defense, the best edu- Samoa's request for a postal stamp com- care. For the first time in over a gen- cational system possible, economic, memorating the 100th anniversary of its polit- eration, Social Security will be used health and retirement security. These ical union with the United States. for one thing and one thing only, our are the securities that matter each and f Nation’s retirees. every day to this great country. The President’s plan would have only Let us stay on course and deliver on COMMITTEE ON THE BUDGET RE- saved 62 percent while spending the each of these important issues. Our VISIONS TO AGGREGATE SPEND- rest on more Government programs. parents, children, and grandchildren ING LEVELS The difference, he would have locked deserve nothing less. The SPEAKER pro tempore. Under a up $1.3 trillion, but we are locking up f $1.8 trillion and still providing $800 bil- previous order of the House, the gen- EMERGENCY SUPPLEMENTAL lion in tax cuts for all Americans. tleman from Ohio, Mr. KASICH, is rec- SPENDING BILL ognized for 5 minutes. My health care amendment was also Mr. KASICH. Mr. Speaker, pursuant to Sec. included in this budget. It addresses The SPEAKER pro tempore. Under a 314 of the Congressional Budget Act, I hereby two key issues critical to central Ken- previous order of the House, the gentle- submit for printing in the CONGRESSIONAL tucky and to America: The availability woman from Ohio (Ms. KAPTUR) is rec- RECORD revisions to the aggregate spending of home health care for Medicare re- ognized for 5 minutes. levels set by the interim allocations and aggre- cipients and addressing the need to Ms. KAPTUR. Mr. Speaker, last week gates printed in the RECORD on February 3, provide accessible and affordable the Committee on Appropriations 1999, pursuant to H. Res. 5 for fiscal year health care. I would encourage the passed the Emergency Supplemental 1999 and a revised allocation for the House President and my colleagues to work Spending Bill that will provide des- Committee on Appropriations to reflect together for this important reform. perately needed aid to defend Amer- $1,030,000,000 in additional new budget au- The President has already blocked ica’s farmers against depression-level thority and $430,000,000 in additional outlays Medicare reform and proposed $9 bil- prices, as well as to provide desperately for defense and non-defense emergency lion in Medicare cuts. Let us put people needed assistance to the disaster spending. This will increase the allocation to ahead of politics and provide the high- struck nations in Central America. the Appropriations Committee to est quality of health care for all Ameri- This Congress now needs to move $573,828,000,000 in budget authority and cans. quickly to meet our obligations to our $576,909,000,000 in outlays for fiscal year We also focused on the needs of farm family farmers and to the devastated 1999. families in Kentucky. This budget in- nations south of our border. I am also The House Committee on Appropriations cludes $6 billion to address the critical pleased to see this spirit of compassion submitted the report on H.R. 1141, the Emer- issue of crop insurance. We are uphold- alive in my hometown of Toledo, Ohio. gency Supplemental Appropriations and Re- ing our commitment by securing these This past Monday, a delegation of 45 scissions for Fiscal Year 1999 which includes important funds, while the President Toledo volunteers, including our Mayor $1,030,000,000 in budget authority and did not secure a dime of increases for Carlton Finkbeiner, traveled to Hon- $430,000,000 in outlays for defense and non- our family farms and our tobacco farm- duras to help the victims of Hurricane defense emergency spending. ers in Kentucky. Mitch. Volunteers versed in housing H1454 CONGRESSIONAL RECORD — HOUSE March 18, 1999 construction are working with care to We have the ability to give every Mr. Speaker, that is my prayer for build 600 homes in Marcovia. At the American more security. But we will this Congress and that is my prayer for same time, volunteers with health care have no security, no hope, no oppor- this Nation. training are joining with the Inter- tunity if we trade away our liberty to f national Medical Corps and Catholic achieve that security. I believe the THE FARMERS’ PLIGHT Relief Services to provide victims with gravest threat to our country is from basic health care in Catacamas, those who promise security in return The SPEAKER pro tempore (Mr. MIL- Choluteca, and Marcovia. for our freedom. They promise security LER of Florida). Under a previous order These goodwill ambassadors from in exchange for more of our money and of the House, the gentlewoman from Ohio’s Ninth District deserve recogni- more control of our lives. Some of North Carolina (Mrs. CLAYTON) is rec- tion in this well of the House today. I those in government even act as if they ognized for 5 minutes. commend them for their wonderful ef- were elected to manage our lives. I be- Mrs. CLAYTON. Mr. Speaker, at the forts to bring aid to a devastated re- lieve we were elected to provide a Farm Resource Center, a national cri- gion and assistance to our fellow citi- framework of freedom so Americans sis line for farmers, those seeking help zens in this hemisphere. I echo their can manage their own lives. We were cannot get through. The line is busy. call for action by this Congress on the also elected to provide a safety net for Small farmers and ranchers are Emergency Supplemental Bill to help those in need when families, commu- struggling to survive in America. In the devastated people of Honduras and nities and States are unable to help. fact, small farmers and ranchers are a Central America but also our farmers But the need for this safety net does dying breed. And because they are a here at home. not require the confiscation of our free- dying breed, quality and affordable Let this Congress be as humanitarian doms. We must remember that in food and fiber for all of us is at risk. as the people of Toledo, Ohio. America, we are most secure when we Passage of the 1996 farm bill sounded f are most free, when we are in control the death knell for many of our Na- of our lives. tion’s farmers and ranchers. Farmers AMERICA’S FUTURE and ranchers, able to eke out a living Many believe that the debates in from the land in past years, now find it The SPEAKER pro tempore. Under a Congress are about which party is for almost impossible to break even. Most previous order of the House, the gen- Social Security, Medicare, education are losing money and fighting to stay tleman from South Carolina (Mr. and the environment. The fact is we in the farming business. DEMINT) is recognized for 5 minutes. are all for these things. Every Member And the crisis line is busy. Mr. DEMINT. Mr. Speaker, in the of the House wants to provide a strong We are all aware of the problems to- next 5 minutes, I want to ask my House and bright future for our country. The bacco is having, particularly in my colleagues and the people watching at real debate in this Congress day in and State, North Carolina. But, in North home to help me write a new chapter in day out is about who is going to con- Carolina, according to a recent news the American story. Over the next trol your life, you or the government. years, we will be the authors of this report, the State top farm commodity, Many of us here who call ourselves new chapter. Tomorrow our children hogs, have experienced a 50 percent the GOP believe in a government of the will live this story. drop in prices since 1996. Wheat is down people. This means, as it has for three As a father of four, nothing could 42 percent. Soybeans are down 36 per- centuries, that the government is con- make me feel more secure than know- cent. Corn, 31 percent; peanuts, 28 per- trolled by you and your family, not the ing that this story includes my chil- cent. Turkey and cotton prices are other way around. We believe in the dren pursuing their dreams and living a down 23 percent since 1996. In fact, Mr. GOP that we can secure the future for life free from dependency on govern- Speaker, there is no commodity in every child when we have an education ment. Surely, all of us want our chil- North Carolina that makes money for system that is controlled by parents, dren and grandchildren to live in a farmers. teachers and local communities. And place where freedom’s lamp shines And the crisis line is busy. we will secure the future for every sen- brightly for all people. In 1862, the year that the Department ior when we guarantee their Social Se- This is how the American story is of Agriculture was created, 90 percent curity benefits today and move to- read for nearly three centuries. This of the population farmed for a living. wards giving their grandkids a choice story began with a band of freedom- Today, American producers represent to own and control their own Social loving people who escaped oppression less than 3 percent of the population. Security accounts. We believe that we to form a new land of liberty. It is a By 1992, there were only 1.1 million will secure the future for every older story of exploration and new begin- farms left in the United States, a 45 American when they have even greater nings, a story of faith, enterprise, trag- percent decline from 1959. North Caro- access to quality health care and can edy, and success. Its pages are filled lina only had 39,000 farms left in 1992, a choose their own doctors and make with the names of heroic men and 23 percent decline. In 1920, there were their own health care decisions. We women like Patrick Henry, Frederick over 6 million farms in the United will secure the future for our Nation Douglas, Susan B. Anthony, and oth- States, and close to a sixth, 926,000, when we rebuild our national defense ers. It is also filled with lesser known were operated by African Americans. and can control our borders and live names but no less special: The moth- In 1992, the landscape was very, very free of the fear of missile attacks. And ers, fathers, grandparents, teachers, different. Only 1 percent of the farms we will secure the future for every coaches, doctors. in the United States were operated by working American when we let them We, in every line, in every chapter, African Americans, 1 percent, 18,816, a keep more of what they earn, a lot the American story is filled with a Na- paltry sum when African Americans more. tion defined by its people, governed by comprise more than 13 percent of the its citizens, and preserved by those who Now is the time for us to write our population. love freedom. But too many are still chapter about America, an America In my home State of North Carolina, uneasy about our future. that is free and secure and controlled there has been a 64 percent decline in by its people. Let no one edit the minority farmers just over the last 15 b 1745 American story in a way that makes us years, from 6,996 farms in 1978 to 2,498 We lie awake at night worrying dependent on the government or politi- farms in 1992. All farmers are suffering about tomorrow. Will our paychecks be cians. Let us write about a people that under this severe economic downturn. enough to cover the bills? Will Social can overcome every challenge, edu- Very recently while in my district I Security be around when we retire? cation, jobs, health care, retirement, spoke with a farmer who was working Will we be able to provide the health whatever we face. May our families off the farm, not to earn extra money care our elderly parents need and de- live freer today than they did yester- but to earn enough money to save his serve? Will our children get the edu- day, and may we sustain a Nation that family farm. He makes no money from cation they need to succeed in the next is dependent only upon God and the his farm for himself. He loses money century? blessings of freedom. from his farm. Taking a job off the March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1455 farm was the only thing he could do, he of Haitian Senator Toussaint, the at- keep. Sending in the military to im- said, to save his farm and pass it on to tack on Senator Chery and the attack pose a peace on people who have not his children. He makes no money from on a leading rights advocate. These on- settled ancient quarrels has to be the his farm, other than to save his farm. going attacks are the culmination of a last resort, not the standard way of This man is 70 years of age. long-standing campaign of intimida- doing business.’’ And the crisis line us busy. tion and violence against Haitian and Mr. Speaker, many respected individ- Farmers and farm families deserve a American individuals who are working uals are calling on the Clinton admin- chance, a chance for the dwindling hard in support of the rule of law, free istration to get our troops out of Haiti number of farmers and ranchers who and fair elections and economic im- and begin rethinking its efforts to use feed us, provide us clothes and fiber. provement in that impoverished coun- our soldiers to impose peace on those We should also make sure they have an try. who do not want it. This is not a good opportunity to make a living. In the midst of these troubling devel- policy. It does not work. I believe the Before the Freedom to Farm bill of opments, there have been two U.S. ac- administration would do itself and 1996, the farm price safety net was a tions of note: First, the refusal of the America credit to heed the advice of shield against the uncertainty and the Clinton administration to certify Haiti these people who I think have made fluctuation of commodity prices. When as meeting its obligations in the war better suggestions that far outpace the the farm bill was passed, we referred to on drugs, in other words, they cannot Clinton foreign policy. it as Freedom to Fail. I am sad to re- do their job on that. And, second, the f port that our admonitions have been recommendation by General Wilhelm MAKING RESEARCH AND DEVEL- far too accurate. We must now correct that we terminate the U.S. troop pres- OPMENT TAX CREDIT PERMA- that error. We must indeed not only ence in Haiti. General Wilhelm had this NENT provide emergency funds but policies to say and I quote: ‘‘As our continuous must be changed so we can meet those military presence in Haiti moves into The SPEAKER pro tempore. Under a vulnerabilities. its fifth year, we see little progress to- previous order of the House, the gen- If we do nothing about the real prob- ward creation of a permanently stable tleman from California (Mr. SHERMAN) lems facing these hardworking citizens, internal security environment. In fact, is recognized for 5 minutes. Mr. SHERMAN. Mr. Speaker, this they may not be there for us. That in with the recent expiration of par- week a number of my colleagues in the turn will hurt all of us if there are no liament and imposition of rule by pres- New Democratic Coalition have come farmers to feed us and to clothe us. idential decree, we have seen some before the House to talk about a very f backsliding. Though our military mis- important tax issue, and that is the sion in Haiti was accomplished in 1994, EXCHANGE OF SPECIAL ORDER need to make the R&D tax credit a per- we have sustained a presence that on TIME manent part of our tax law. any given day during 1998 averaged I would like to join with them in urg- Mr. GOSS. Mr. Speaker, I ask unani- about 496 military personnel.’’ ing all of our colleagues to support mous consent to claim the time of the General Wilhelm goes on to say that taking a credit that has been a con- gentleman from Colorado (Mr. SCHAF- he would ‘‘categorize our presence as sistent part of our tax law but is al- FER) who I understand properly being a benevolent one. Through a va- ways designed to be eliminated and claimed my time. riety of humanitarian assistance and then at the last minute is extended, to The SPEAKER pro tempore. Is there other local outreach programs, our instead make that a permanent part of objection to the request of the gen- troops have undertaken infrastructure our tax law. tleman from Florida? development projects and provided ur- I have three major points, the first of There was no objection. gently needed medical and dental care which is the importance of research f for the impoverished Haitian popu- and development for all Americans. I HAITI: BRING OUR TROOPS HOME lation. These contributions have been think Americans are acutely aware made at a cost to the Department of that we live a life that is more The SPEAKER pro tempore. Under a Defense. By our calculations, our mili- wealthy, that we are in better financial previous order of the House, the gen- tary presence in Haiti carried a price position than 90 percent of the world. tleman from Florida (Mr. GOSS) is rec- tag of $20,085,000 for 1998.’’ And most Americans, if asked what is ognized for 5 minutes. The General concludes: ‘‘However, at the single greatest reason why Ameri- Mr. GOSS. Mr. Speaker, over the this point I am more concerned about cans live so much better than those in weekend it was reported that the com- force protection than cash outlays. The Bangladesh or Honduras would say that mander of U.S. troops in Latin Amer- unrest generated by political insta- it is because of our high levels of edu- ica has recommended that troops sta- bility requires us to constantly reas- cation and technology. We must do ev- tioned in Haiti be brought home. For sess the safety and security environ- erything possible to advance our tech- most Americans, it will probably come ment in which our troops are living nology further and to advance the edu- as a surprise to learn that we still ac- and working. I have recommended that cation of our workforce. tually have troops in Haiti. Indeed, we terminate our permanent military b there has been little public discussion presence in Haiti.’’ 1800 of Haiti in the years since U.S. troops General Wilhelm’s recommendation Perhaps the best example of the im- helped end a coup and return President was bolstered by General Hugh portance of research technology and Aristide to office down there. In the Shelton, the Chairman of the Joint science is illustrated by this chart years since this dramatic operation, Chiefs of Staff. Shelton has testified which focuses on just one industry, an the situation in Haiti has gotten worse before Congress that he was ‘‘looking industry that barely existed a decade and what was once touted as the crown very hard at the Haiti operation and ago, that did not have a name 2 years jewel of the Clinton administration’s drawing that 350 down to a much lesser ago, and that is the information tech- foreign policy is now an utter failure. number’’ given the troop commitments nology industry. As this chart illus- Haiti has been without an effective around the world and the proposal to trates, over a third of all of the eco- government for almost 2 years, the ju- deploy U.S. troops to Kosovo. nomic growth in this country came in diciary is weak and the legislative While Generals Wilhelm and Shelton that one industry, and we now sit at branch has been effectively shut down limited their comments to their area of the beginning of a new century, a new and boarded up. The Haitian executive responsibility, overseeing the deploy- century that will be, I think, marked branch has taken a number of actions ment and readiness of the U.S. mili- as the Information Age, yet even before outside the constitution and caused tary, it is clear that this issue has far we begin this new century over a third concern to those working to consoli- broader implications. Respected col- of our economic growth is dependent date democracy for our island neigh- umnist David Broder reached the fol- upon an information technology indus- bor. The political situation has grown lowing conclusion: ‘‘The lesson is not try that exists in large part because of even more tense in recent weeks fol- that we should never be peacekeepers; the research and development con- lowing the gruesome political murder rather, that there has to be a peace to ducted by American corporations. H1456 CONGRESSIONAL RECORD — HOUSE March 18, 1999 The second point I wish to make is pose is to expand the amount of re- lies, I encouraged and was successful in that not everything that is good and search done in our country only if com- bringing a former colleague of mine desirable is necessarily worthy of a tax panies can count on it. from New York, Mack McHugh, and credit, but tax credits are particularly Now no provision of our tax law is others to hold a field hearing for that appropriate where an activity engaged guaranteed to be there forever. But committee in Syracuse back in 1990. in by one company or individual pro- certainly a provision which by its own We had witness testimony from public vides benefits not only for those who terms is going to expire in a year or health officials, physicians, nurses and are footing the bill, but benefits to so- two is particularly ephemeral. If in- parents about strategies for insuring ciety at large. A company that does re- stead we make the R&D tax credit a healthy babies in upstate New York. As search and development benefits not permanent part of our laws, then com- a result of these hearings, a number of only itself, but our entire society and panies will rely upon it, their R&D projects were undertaken in the county the world as a whole. Yes, a portion of budgets will reflect not only the possi- with the goal of reducing infant death the benefits of that technology will be bility that the credit might be there in and increasing birth weight at the time reaped by the company that conducts the many years that the R&D project of birth. it for they will seek a patent to defend continues, but the extreme likelihood Since that time, a number of these their intellectual property. But many that it will continue to be there since projects have proved to be very effec- advances in technology achieved by our it is a permanent part of our tax law. tive in dealing with infant mortality. research projects are not patentable, Mr. Speaker, I look forward espe- Dr. Jim Miller and his successors, in- and even those that are will become cially in this year when we are enjoy- cluding Dr. Lloyd Novick, Commis- owned by the people of the world as a ing for the first time the fruits of the sioner of Health in Onondaga County, whole when the patent expires. fiscal discipline that this Congress has should be credited for the innovative Furthermore, research project not exercised, I look forward in this year of efforts to address this issue by creating only leads to a particular patent or a surplus to take this step of making the initiatives to reduce the instance of in- particular technology, it increases the R&D tax credit a permanent part of fant mortality and low birth weight general level of scientific education of our law. babies. One of these programs is called those engaged in the project and in- f Healthy Start. It works to reduce both creases the level of science in our soci- REDUCING THE NUMBER OF IN- infant mortality and adolescent preg- ety as a whole. Most economists would nancy. Adolescent pregnancy and in- agree that where an activity provides FANT DEATHS IN ONONDAGA COUNTY fant mortality are interrelated, births such major external benefits, beneficial to young women who are not phys- externalities to use the economics The SPEAKER pro tempore. Under a ically or psychologically prepared to term, it is deserving of societal help, previous order of the House, the gen- give birth or to adequately raise the encouragement and, in this case, a tax tleman from New York (Mr. WALSH) is child. Adolescents often cannot provide credit. recognized for 5 minutes. the care necessary to ensure the health Mr. WALSH. Mr. Speaker, the topic Finally, there is the issue of whether of infants and often get into the sys- that I would like to discuss tonight is we should continue to renew the credit tem too late. Healthy Start realizes an issue of great importance in my on a yearly or several-years-at-a-time that by addressing the issue of teen home community of Onondaga County basis or make it a permanent part of pregnancy the instance of infant mor- in which the city of Syracuse resides our Tax Code. Keep in mind that the tality can be dramatically reduced. and I have represented now for 10 years purpose of this tax credit is to encour- Low birth weight, as we know, is a key in the Congress. When I first came to age companies to do more research factor in the health of newborns, and Washington back in 1988, we had the than they would otherwise. As a CPA all efforts were targeted toward unfortunate distinction of having one and a tax lawyer in private practice for healthy pregnancies and early inter- of the highest infant mortality rates in many years, I was witness to the vention. strange process by which a provision in the country. In 1987, 87 newborns died Healthy Start is dependent on the our tax law leads to a change in cor- before they reached their first birth- work of many partners in the local porate behavior. Some day sociologists day. Over the 1987 to 1989 period, an av- community: hospital staff, university and anthropologists will study this erage of 68 infants in the county, or 10 health professionals, case workers, process. It is a process in which a tax out of every thousand died, again be- local schools, task forces. All can pro- expert has to explain to the others in fore they reached their first birthday. vide health education and care to ado- the company what the tax law provi- These are horrifying statistics, and lescents and their parents and must in- sion provides and what benefits would what makes it even worse, Mr. Speak- clude State, county and Federal health be reaped on the tax return from en- er, is that the proportion of these agencies and officials. gaging in a particular project, in this deaths fell most heavily upon the mi- case a research project. nority community. Doctor Sandy Lane is the Syracuse There are two types of research and Last year we through now 10 years of Healthy Start project director. She and development that are eligible for the concerted work and effort and coordi- her staff are to be commended for the credit. The first is the kind of research nation and caring, we have some excel- committed efforts that they have project that would be done any way. lent news to report. While even one made. She has been very modest about Often research is done and the com- death is unacceptable, we have suc- her program’s ability to create the suc- pany is not even aware of the R&D tax ceeded in reducing our infant mortality cess. She credits involvement of local credit until the next March or April rate in Onondaga County by over 50 groups, partner agencies and the help 15th when they complete their tax re- percent. This remarkable change did of the Health Department programs turn. The other type of research is that not happen without a concerted effort. and strongly praises the important research that is conducted because the A number of devoted people and organi- Federal program, WIC, Women, Infant, company is counting on getting the zations contributed. I have always felt Children, the feeding program to pro- credit. It is that second area where the that the best government will sponsor vide nutrition for both women and R&D tax credit actually achieves its a partnership between local, state and those children. purpose. Federal governments, and special ini- Syracuse Healthy Start funding is a Yet I repeat my words. The company tiatives undertaken by local commu- combination of Federal, State and is counting on getting the credit. How nities and the private sector, and in local funding. Over 4 and a half million can a company count on getting a tax central New York we proved this to be dollars of Federal money have come in credit for a multiyear large research the case. The efforts which have been to the program through the Depart- and development project if by its very successful in reducing the number of ment of Health and Human Services, terms the R&D credit is supposed to infant deaths in Onondaga County the Health Resources and Service Ad- expire at the end of this year or the began in the early 1990’s. ministration. Healthy Start also looks end of next year? The R&D tax credit As a member of the Select Com- to Blue Cross and Blue Shield and to can achieve its purpose, and that pur- mittee on Children, Youth and Fami- New York State Department of Health March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1457 to obtain supplemental funds. The pro- discounted. In 1995 the administration Others in the administration persist gram has been largely successful be- predicted that no ballistic missile in calling the ABM Treaty the corner- cause of these efforts. threat would emerge for 15 years. This stone of strategic stability. The ABM Another such program is the Adoles- past August the administration again Treaty has an escape clause, and I be- cent Risk Reduction Initiative. This assured Congress that the intelligence lieve we need to get beyond a treaty seeks to address the issues of adoles- community could provide the nec- that keeps us from defending our terri- cent pregnancy and sexually trans- essary warning of a rogue state’s devel- tory in the face of a very real threat, a mitted diseases. It seeks to promote re- opment and deployment of a ballistic treaty, I might add, that the Soviets sponsibility in sexual reproductive de- missile threat to the United States. secretly violated. Renegotiating this cision-making and parenting. The pre- Then that same month, that same treaty in a way that still precludes us sumption is that responsible parents month North Korea test fired its Taepo from deploying the best missile defense are better able to provide for the Dong missile. The sophistication of system we can, allowing for a dumbed- health of their children. Ways in which this missile unfortunately caught the down system, which is what the admin- adolescent risk reduction initiative intelligence community by surprise. istration is suggesting, is simply not works provides for pure leadership, North Korea, impoverished, an unsta- acceptable. training youths to be responsible for ble North Korea, a regime about which The fact is that the Russians have nothing themselves and to teach their peers to the director of Central Intelligence re- to fear from us. The United States doesn't be responsible. Education on health cently said that he could hardly over- start wars. To forgo defending our territory be- issues. Parent workshops to get the state his concern about it and which in cause we're afraid of what the Russians may parents involved. nearly all respects, according to him, say about our defensive actions is indefen- Mr. Speaker, having not concluded has become more volatile and unpre- sible. my remarks, I ask that the remainder dictable, may soon be able to strike Third, we hear that a national missile de- be included in the RECORD, and I end by Alaska and Hawaii, not to mention our fense system is too costly. Yes, we have saying that any community in America allies and U.S. troops in Korea. made an investment in missile defense since that is struggling with this terrible b 1815 Ronald Reagan launched his initiative, though condition should have hope. You can do a small fraction (some $40 billion) of what it, too. Healthy babies are worth the Ominously, North Korea is con- American industry invest in research each effort. It just requires commitment, tinuing its work on missile develop- year. But let's be honest here, defense is not coordination and a lot of caring. ment, and this is the very threat that free. And there have been some failures. But f was supposed to be 15 years away. since when does success come without fail- Even before this rosy assessment, ure. Entering the twentieth century, the United EXCHANGE OF SPECIAL ORDER last July Iran tested a medium range States is the wealthiest, most technologically TIME ballistic missile. Iran is receiving aid advanced country in the history of the world. Mr. ROYCE. Mr. Speaker, I ask unan- from Russia. There is no reason beyond the ideology of imous consent to claim the time of the Not surprisingly the bipartisan arms control, complacency or worse not to de- gentleman from New York (Mr. Rumsfeld Commission recently con- ploy a national missile defense now. FOSSELLA). cluded that the threat posed by nations f The SPEAKER pro tempore (Mr. MIL- seeking to acquire ballistic missiles LER of Florida). Is there objection to and weapons of mass destruction, and I LOOKING AT DISTRICT OF the request of the gentleman from quote from the report, is broader, more COLUMBIA WITH FRESH EYES California? mature and evolving more rapidly than The SPEAKER pro tempore. Under There was no objection. has been reported in estimates and re- the Speaker’s announced policy of Jan- f ports by the intelligence community, uary 6, 1999, the gentlewoman from the unquote. District of Columbia (Ms. NORTON) is DEFENDING OUR NATION The fact is that we live in a world recognized for 60 minutes as the des- The SPEAKER pro tempore. Under a where even the most impoverished na- ignee of the minority leader. previous order of the House, the gen- tions can develop ballistic missiles and Ms. NORTON. Mr. Speaker, it has tleman from California (Mr. ROYCE) is warheads, especially with Russia’s aid, been my habit to come to the floor oc- recognized for 5 minutes. and then there is an expanding and casionally in order to report to this Mr. ROYCE. Mr. Speaker, today on ever-more sophisticated Chinese mis- body concerning your Nation’s capital. this House floor we passed House Reso- sile force. There is a special responsibility that lution 4 which states that the U.S. This, in no way, is said to disparage the House and the Senate have for the must deploy and not just develop a na- our intelligence efforts. Instead, we Nation’s capital and it is not possible tional missile defense system, and we just need to appreciate that these to get a real sense of what is happening must deploy now and not leisurely aim threats are difficult to detect and that in this city, even when in it, to see it to deploy at some point in the future, we need to react. Pearl Harbor caught in perspective, without the kind of in- and the reason for that is because our us by complete surprise. We have no formation that I try to give periodi- country is so vulnerable. The resolu- excuse with today’s missile threat. cally to this body, as we go off to Her- tion that we debated here today hope- The second excuse that we have shey, Pennsylvania, for our second bi- fully will spur the development be- heard for delay is the ABM Treaty. partisan retreat. cause, as we noted here today, we are Faced with the very real threats that Therefore, I want to discuss this now defenseless against a single mis- we have heard about, I am at a com- evening an issue and a place about sile coming into the United States. De- plete loss as to why our country would which I am sure there is agreement fending our Nation against attack is so let an outdated treaty keep us from de- that bipartisanship should always be fundamental a responsibility of ours veloping a national missile defense sys- the order of the day. It is, after all, the and the stakes that we are talking tem. seat of our government, the home of about are so high that I think it is im- Essentially, the administration has more than a half million people, the portant that we understand how our allowed Russia to veto our missile de- place where all of us want to do all we country with its great military has fense efforts. This is the same country, can to make it the proudest seat of gotten into our predicament of being Russia, that is continuing to pro- government we can. defenseless. liferate missiles by working with Iran. What I would ask of this body, what The American people need to know. Fortunately, Secretary of Defense I think the district has a right to ask The answer is that since President Cohen has suggested in January that of this body, what I think the people of Reagan introduced the idea of missile we would not be wedded to the ABM the District of Columbia, the mayor defense over 15 years ago, every reason Treaty. He said that this treaty would and the city council have a right to ask in the world has been found to delay. not preclude our deployment of a de- of this body, is that it look at the Dis- For one, we have heard that the threat fensive system, but this is only a step trict with fresh eyes for, Mr. Speaker, itself, we have heard the threat being toward the deployment we need. there is a new city, if ever there was H1458 CONGRESSIONAL RECORD — HOUSE March 18, 1999 one, before your eyes. It is a city where board is new. Except for one member, charge were people they could either there is a new mayor. It is a city where the vice chair, Constance Neumann, keep in charge or take from their there is a new city council and where who served so well on the last control posts, and they have selected among there is a new control board. board, all the other members are new, them, and I believe selected wisely. I am most appreciative that as the appointed by the President. I am very pleased that all of the sig- 106th Congress convened, the Speaker, There is, as I have said, a new mayor nals from Congress have been that this the gentleman from Illinois (Mr. and there is a revitalized city council. body, Senate and House, does under- HASTERT), received the new mayor, An- Even the new mayor brings something stand that this is a new city and should thony Williams, and me, and we had a very different from what mayors usu- be treated accordingly. I am very very good and encouraging discussion. ally bring to the office. This mayor pleased with the bipartisan approach to The same was true of the chairman of served as chief financial officer and, the city’s issues that we have seen thus the Committee on Appropriations, the thus, is himself partly responsible for far, and there is evidence that I will al- gentleman from Florida (Chairman the rise of the District once again to lude to shortly. YOUNG); and the gentleman from Okla- economic strength. He, in effect, served I come to report today in a different homa (Mr. ISTOOK). The gentleman an apprenticeship for becoming mayor spirit than I have come to the floor from Oklahoma (Mr. ISTOOK) has gone doing what it is that mayors most have sometimes on the District. I do not into the District over the last few to do, and that is balancing a budget come in complaint. I do not come to weeks to see for himself the city that and getting control of your finances. say, let the District be the District, let now comes under his appropriations The city council has some of the democracy reign in the Nation’s cap- subcommittee jurisdiction. I have gone same members. They are members who ital the way it does every place else. I as well, and the mayor, to visit the have proven themselves to want to ex- come to say that I am grateful for the chair of the Senate District appropria- ercise oversight and they are joined by way in which Congress is stepping back tions subcommittee, and the mayor has others who were elected precisely be- and letting the District do what I be- met with the chairman of the Over- cause the city now demands oversight lieve it is doing very well already. sight Committee for the District, and accountability, a check on the ex- I certainly hope, and I must say Mayor GEORGE VOINOVICH, himself a ecutive from its city council. based on our conversations with the former mayor, the mayor of Cleveland. So I ask this body to regard this as leadership I do believe, that I will not May I say that I continue to work, morning for the District. It is morning experience an appropriation this year and in the bipartisan manner that he again. It is like it is outdoors today; it that is anything like the appropriation and I have long ago established, with is spring; it is a new season with a I experienced last year where I stood the chairman of the Subcommittee on whole new set of actors in place. All I for 10 hours on this floor. Even though the District of Columbia, the gen- ask of this body is it leave behind any there was before this body a consensus tleman from Virginia (Mr. DAVIS), and sense of the District as it was and give budget and almost no changes were that has been a most fruitful partner- these new players a chance to show ship and we think it is a model for made in the budget itself, I stood on what they can do. what we should be trying to achieve in this floor for 10 hours while Members I believe that they not only will do pasted one or another anti-democratic the way of bipartisan cooperation when so, I think if one reads your morning we meet beginning tomorrow in Her- attachment on the D.C. appropriation, papers in the District each day one will an appropriation that comes here with shey. see that they are doing so. I invite ev- I should indicate to Members that only money raised from the taxpayers eryone to flip through the Metropoli- the gentleman from Virginia (Mr. of the District of Columbia and, by tan Section every once in awhile to see DAVIS) has agreed to sponsor, with me, right, should not be here at all. that I am, I believe, right on this. a reception for Mayor Anthony Wil- b The District is clearly realigning 1830 liams here in the House on April 13, in itself, first for its own residents and I had to stand here and fight back, room 2226 Rayburn. We are doing that then, of course, because it wants the for the most part unsuccessfully, simply because we think Members Congress to understand that it is a new amendments that Members might have would want to meet the new mayor of city. wished to put on to their own district, the District of Columbia, about which I What I am asking of the Congress is but certainly had no right to put am sure we have read a great deal and that the Congress realign itself so that undemocratically on to mine. This oc- heard a great deal. It is seldom that a city experiences it is ready to meet a new city. I want curred even though everybody could the kind of change your capital has ex- to say a word about what I mean by a see that the District was on the mend. perienced over the last few months. new city because I am not this evening The former mayor had said he was not The city has had a control board be- speaking rhetorically. going to run again, the budget was in cause, like Cleveland and New York The city not only has a new adminis- order, and yet the budget became a ve- and Philadelphia, it had financial prob- tration, it has a new administration hicle for Members’ desires having noth- lems, although I must say that the fi- because it has a new political culture. ing to do with the wishes of the resi- nancial problems that the District had The reason it has a new mayor, a new dents of the District of Columbia. I am were almost inevitable because it was city council, is because there was a hoping that the new cast of characters, carrying State functions and no city in voter driven reaction to the state in if nothing else, will get the respect of the United States carries State func- which the city found itself. It was not this body so that our budget comes tions. driven by Congress. It was not driven through, budget with our own money, May I say how appreciative I am, the by any outside force. It was driven by without attachments, and I have no elected officials are and the residents the circumstances that District resi- reason to believe that that will not be are, that in its wisdom Congress re- dents found for themselves. Essen- the case this year. moved at least some of those State tially, it was driven by a loud and vir- I raise it because there is no reason, functions, the most costly ones, the tually unanimous cry of enough from as I have said to the Speaker, and as I ones that no city could carry, medicaid residents. That is why I say there is a have said to our appropriators, why the or at least part of medicaid; courts; re- change in the political culture, the District should not be the first, rather moved pension liability that was built kind of change that I think is perma- than the last, budget that comes from up when the Congress was in charge of nent precisely because it has been driv- this House where, after all, it is not the the District, enabling the District to en from the bottom, precisely because money of the Federal Government, it is breathe and to get control of its fi- of its reaction to what voters and resi- the money of District residents. nances. We are most grateful for the dents felt on a daily basis about their The City was closed down for a week understanding that that was a nec- city and they wanted it to be better. during the government shutdown. In essary obligation of the Federal Gov- They wanted it to be better not be- the middle of its own financial crisis, ernment. cause this body insisted so but because one can imagine the bitterness that What we have got in place essentially they had to live with it every day and was left with District residents when, is an entirely new team. The control because these people who were in as far as they were concerned, it was March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1459 their money and it should not have lumbia can be free of any oversight, ex- and efficient way in which the streets been up here at all. The delays in our cept this Congress. That would mean were cleaned, and that it was in con- budget cost us in interest, when we that the control board would go a year trast to some other experiences that have to borrow, because of the uncer- early. they had had. tainty the market believes is there Mr. Speaker, let me indicate why I Let me cite the way in which the new when what our council and our mayor think that should happen. It is not administration gets hold of problems, have done has to go to yet another leg- simply because we have a new mayor in because he cannot promise us that islative body and one not as familiar which I believe everybody, residents of there are not huge numbers of prob- with the City because it is not their the District of Columbia and Congress lems left over. The real question is, is particular budget. alike have confidence, it is because the he in charge of them? Does he gain con- Some of my colleagues were not here, evidence is already on the table. The trol of them? Do we have an adminis- so I raise it so that they know what Congress, through the control board tration that knows how to get rid of has happened in the past, and so that statute, indicated that the District problems? Because the fact of problems we can make what I hope will be a could be rid of the control board if, at are going to be there for some time. clean break with that kind of past. the end of four years, the City had a An example is an article in the Wash- I believe that there is signal evidence balanced budget. ington Post, a series, exposing prob- that that kind of break has already Let me tell my colleagues what the lems in homes for retarded people. The been made. As the session opened, I in- record is. The District has already had District did a very good thing in taking troduced the first of a series of bills. not one balanced budget, and that was retarded people and other disabled peo- The series is called Democracy Now, three years ahead of time, but three ple out of a huge monstrosity of an in- and the first bill was called D.C. De- balanced budgets plus surpluses in each stitution, taking them out of institu- mocracy 2000. It seeks to sunset the of those three years. Mr. Speaker, a tionalized care and spreading these dis- control board, the board that was nec- $185 million surplus in 1997; a $444.8 abled people in homes around the City. essary when we got into financial trou- million surplus in fiscal year 1998, and Well, The Washington Post did what ble early, because we are no longer in the City projects a $158 million surplus they were supposed to do. They went financial trouble, and it sought to re- for fiscal year 1999. As if that were not around and looked at these homes and turn some powers that were taken from enough in the way of surpassing the ex- these homes have been in existence the mayor and the city council to the pectations of the Congress, we had put now for 3 or 4 years and they are pri- mayor and the city council. into the revitalization package that vate homes all around the City run by While the second part of the bill was this body passed taking over State contractors, and it found evidence that not ripe because the new administra- functions in 1997 a provision that would some of them are not treating retarded tion had no track record, the part that allow the District to borrow in the people very well, and that is itself, I would sunset the control board, that is; fourth year if it had a balanced budget will not say criminal, but it is pretty I believe that the first part was ripe, on the one hand, but we had not quite close to it when we consider that we and that there was no reason why the been able to get rid of, an operating are talking about people that are pret- take-charge new mayor of the District deficit that it has been carrying now ty close to helpless. There was a time should not have what it takes to re- for years. But the District of Columbia when there would be exposure of prob- build the City. To his credit and with is going to be able to eliminate its $322 lems like that and then we would wait much appreciation from me, the gen- million operating deficit from its own to hear word that something had hap- tleman from Virginia (Mr. DAVIS), the revenues without any borrowing. pened. chairman of the subcommittee, took This is strong evidence that the Dis- Well, the articles ran a couple of days the first part of my bill and brought it trict has not only met, but surpassed, ago. This morning’s paper said that the through subcommittee and then the congressional expectations and is no mayor has moved in already to debar gentleman from Indiana (Mr. BURTON) longer in an emergency or crisis status, two of the contractors in two of the and the gentleman from California (Mr. and when one is no longer in an emer- homes, and to move the people out. WAXMAN), through full committee, and gency status, one no longer needs a That is what I mean by ‘‘take then on to this floor where it easily control board. A control board is an charge.’’ That is what the Congress passed in the House as well; and I am emergency mechanism; it is not a secu- cannot do, what the control board can- pleased to report this evening that my rity blanket. No city gets it, or must not do; that is what only a fully em- bill, or the first part of my bill, which, have it, unless it is in an emergency. powered mayor can do and what, with in fact, became a Davis-Norton bill, has The District has pulled itself out of a his powers fully intact, he is now become PL106–1. That ‘‘dash 1’’ means financial crisis in a way no one would doing. it is the first bill of the 106th Congress dare to have predicted a couple of years Mr. Speaker, there are many, many to be signed by the President of the ago. Nevertheless, I can understand examples of management progress in United States. that to pass the second half of Democ- the City. Let me just take two, the How appropriate that the first bill racy 2000, the burden is going to be on first being perhaps the institution that a Democratic mayor signed was a me, it always is, and therefore, I have most exposed to the public and about bill that the Republican House and not requested of the gentleman from which the public most cares because Senate passed to return democracy to Virginia (Mr. DAVIS) even hearings, they affect their lives so directly: the mayor, to the mayor and the city yet, on the second half of that bill that Schools. This may be the institution in council. We are most appreciative. We would sunset the control board. Rath- the District where the Congress has think it bodes well for the Congress er, with a new administration that had the greatest concern, the public and for the District, and it is what I took office only in January, it is only schools. To say they have done very mean when I say the District has to re- fair to let the mayor get his steam up, poorly is to speak far too lightly of align itself and the Congress has to re- show what he can do, and then have schools that deserve nothing but con- align itself, and I believe that that hearings and see whether or not this tempt for what they had done to our shows that both bodies are, in good bill can pass the House and the Senate. children. faith, trying to do exactly that. Is the evidence on the table that this What has happened in the District Now, I did not and have not yet new mayor is in charge of the City and now is that a new, bold, energetic, col- pushed for the second half of D.C. De- does not need any oversight from any- legial superintendent named Arlene mocracy 2000, as I have indicated, be- one except the voters of the District of Ackerman has come to the cause I think it is only fair to ask even Columbia? I think the evidence is very superintendency and things began to a new mayor who has the confidence of clear already. I think we need to see it happen immediately. Her Summer the House to get his own track record continue for a few more months, but it Stars program will probably be a model before our sunset or seek to have the is very clear already. Members have for the country where she took chil- control board to sunset a year early. come up to me, came up to me after dren and said, in order to eliminate so- My, how I would wish, however, that as this first big snow the other day and cial promotion, they were to go to the year 2000 dawns, the District of Co- told me that they noted the very quick summer school and that if one wanted H1460 CONGRESSIONAL RECORD — HOUSE March 18, 1999 to get ahead, one could also go to sum- Again, the Washington Post, just as it costs $16,000 if one lives out of State, mer school so that the children were did a series on how retarded people but only about $5,000 if one lives in the not stigmatized, and that there would were treated in group homes, earlier State, that a youngster from D.C. be a ratio of 15 children to every teach- did a series that showed that the police could go for the $5,000. Boy has this er, a very low ratio. Here is the kind of department, albeit before Chief been greeted with hallelujah in the Dis- summer school that no one has ever Ramsey, came to the city a few months trict of Columbia. seen much of. It was over-subscribed, ago, had one of the highest excessive There are many sacrifices that people and in the morning, children were put shooting rates in the country. High make to live in the District of Colum- to very intensive reading and math in- crime rate, and our cops were appar- bia. One is that, when one’s kids get to structions, and in the evening, or after- ently using their guns and firing them be college age, there is no public uni- noons, she was able to get funding from more than they should. This flowed versity except an open admission one, private sources to take these young- from a whole set of problems, including and a very important open admission sters all around the region to cultural too little training. one, but it certainly does not fit every and fun activities that would otherwise What the Chief did seems to me is an student. Students have flocked to this have been unavailable to them. example for all of us who are public of- idea. Even before she began with the Sum- ficials. He believed that, if his internal In order to make clear that this pro- mer Stars program, she had so changed affairs unit took this evidence that was posal was meant to take nothing from the regime in the schools with respect in the paper, of shootings that had oc- the need to build our own open admis- to how teachers were to confront their curred, allegedly, excessively over the sions city university, I have achieved job that the scores in every grade had years; and if he did his own investiga- an agreement with the chairman that risen significantly. It can be done if we tion, that the public would not have our open admissions city university have the right people in charge. the greatest confidence in a police de- would itself get a grant that would be Arlene Ackerman is so good that I partment investigating itself con- an annual grant so that it can assist am sure some Members would like to cerning these accusations. the university in its own rebuilding. steal her, and we will not let that hap- So he went to the Justice Depart- So there is going to be a win-win sit- pen. Because that kind of progress ment, and he asked the Attorney Gen- uation here. For youngsters who re- from a school system that was in the eral if she would assign some objective main in the District, and many of them gutter, it was so bad, to so quickly see investigators to look at the problem of who graduated from our schools will it come up in the hands of somebody excessive shootings. One, had they oc- have to remain here and will want to who knows what she is doing is pre- curred? Had they been excessive? What remain here, there will be a University cisely what this City has needed. should be done about them? of the District of Columbia which has Here, you have the opposite of what some added money on an annual basis. b 1845 people have come to expect in many For youngsters who want to go out of Let me take another agency that of cities, no cover-up, but rather a police the District of Columbia, the District course is of great, great concern; the chief pulling the covers off and saying of Columbia College Access Act, co- police department. The District went investigate us and tell us what should sponsored by me, introduced by the out and did a nationwide search and be done. If that does not inspire con- gentleman from Virginia (Mr. DAVIS), got itself a first-class police chief. fidence in the police department, noth- will provide a subsidy so that the par- They got him from a much larger city, ing will. ents, the families will have to pay only Chicago. But, Mr. Speaker, there is wholesale the in-State tuition cost. They got a police chief whose reputa- confidence in the various sectors in Meanwhile, these business leaders tion has been made in community po- this city. There is great and new busi- have not just come to us and said come licing. No approach is more popular in ness confidence. The First Lady was, up with some Federal money. They this body than community policing just a few days ago, at an event in the have already raised $15 million them- where we put the police on the ground. District, attended by the great cor- selves to supplement youngsters who, They get to know people. They get to porations and small businesses of this indeed, go to college anywhere in the deal with problems at the ground level, region, that was about efforts that United States, including in the District and we get rid of crime. they had made over the past year on of Columbia, whether or not they take Chief Ramsey has brought his com- their own to raise money for a real pri- advantage of this in State tuition sub- munity policing and his management vate/public partnership with the Dis- sidy. style from Chicago to the District, and trict. It was very encouraging to see So that means that if one, for exam- we are already seeing the kind of con- how private business in the city and in ple, wants to go to the University of trol and innovation that had been ab- the region were responding to the new Virginia, somehow one’s family gets sent for too long. District of Columbia of which I speak. the $5,000, that is, the in-State tuition For example, the Chief, instead of One such response I must bring to rate, one still has a lot to come up with having what we used to in most cities, your attention, Don Graham, the pub- if one is going to live outside the Dis- which is the command sitting in head- lisher of the Washington Post, and trict. This private fund will be func- quarters, has moved the command into business leaders in the region and in tionally necessary for many to even the field so that one can hold cops ac- the city came to see the gentleman take advantage of the Davis-Norton countable, because the command is not from Virginia (Mr. DAVIS) and me bill that would subsidize in-State tui- somewhere downtown. The command is about an idea that they were them- tion. right there in the neighborhood. selves going to match. The name of our act is the D.C. Col- This man means it when he says They noted that we have only one lege Access Act. The name of the pri- community policing. That does not small public open admissions univer- vate program is the D.C. College Access mean just a cop on the street. It means sity in the District. So if one does not Program. So they are a kind of coher- everybody is involved in community fit that university, one has no other ent approach with a subsidy for tuition policing. public university in the District the from the Federal Government and a Troubled police department. Slow to way they would if they lived in Vir- subsidy for living expenses and for ex- take down crime. It is finally going ginia or Maryland or New York or Cali- penses that prepare these youngsters down significantly in the District, and fornia. for college that makes sure that they it was before even this police chief They proposed that a youngster in remain there once they get there. So it came. But here is a man who knows D.C. be able to go to public universities is just the kind of synergy that the how to keep that progress going, with a elsewhere, such as Virginia, with the Congress likes to encourage. real live management style that trucks Federal Government paying the dif- But this time, the notion of the in- no excuses. ference between in State tuition and State tuition, Federally subsidized, and An example, he found a police depart- the out-of-State cost. the notion of the private subsidy have ment that, according to, again, a series So that would mean, for example, at come from the business community. of articles, had excessive shootings. the University of Virginia where it That is what I mean when I say there March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1461 is confidence in this city. It is coming the existing campus of the University There we get youngsters and we cap- from every sector. It came first from of the District of Columbia, Northwest, ture them so they do their homework, the voters who elected a whole new set and move that campus to Southeast, we capture them so that they are not of actors or at least the many of whom use the money as an endowment for the latchkey kids, we capture them so that were new. It comes from the Congress, University of the District of Columbia they are in a safe and productive place which has already passed a bill to re- and put it beside a new technology between the hours of 3 and 6, or what- turn powers to the mayor and the city high school and Department of Em- ever they turn out to be, and those are council. We see that it comes also from ployment Service office. the hours when youngsters get into the business community. All of that looks like it is an inter- trouble or commit crimes. So it takes The question of new money for the esting idea. There is great concern in care of so many things at one time, and District is still on the table, because, the university about moving them to a he has put a priority there. while the Federal Government has part of the city which has had some He has a bold proposal to provide taken over the most costly State func- crime and other problems. There is also health insurance for almost 40,000 poor tions, the District has lost population. a problem because the land is not uninsured residents so that they do not Like most big cities, the difference is, owned by the District of Columbia. So cost the city money by going to emer- if one loses population from Chicago or I am not sure if this is feasible. gency rooms, and so that, in fact, they Baltimore, if one loses population from I am sure of this, it is the counter- get health care early rather than later, Atlanta or New York, there is a State proposal that the District of Columbia at much greater expense to the city. to back one up. We have nobody but ought to be debating. It is proposals He wants to restructure the city’s ourselves. We are orphans. that are bold that it ought to be debat- debt using the savings to cut taxes on Therefore, we do not pretend that we ing, even if it decides that is not what small businesses. To do that, of course, are permanently in the best shape. We they ought to do. would begin to reinvigorate our small know we are now with the good econ- What we do not need is simply to put business sector. omy. We also know that we are going forward budgets like we have put for- The mayor has one budget request to have to find other revenue sources. ward in the last 10 years, budgets that that, thus far, I believe, is being re- But the mayor agrees with me that one year look like they did before and ceived well. I do not have a specific in- the first thing that the new mayor the year before. We have got to wake dication from the appropriators yet, should do is, not come to the Congress up and smell the coffee and say, yeah, because I am sure they want to study and say give me some money; that if I now that I have seen that, I like it or it, but somehow we got into our appro- believe the mayor needs to have a I do not like it. priation a requirement that the Dis- track record in order for the Control In the democratic exchange between trict have two reserve funds. Now, the Board to sunset early, I also believe the counsel, the mayor, and the public, District does not mind having one, but the mayor has to have a track record this matter will be settled, and there having two is a bit much. and has to devise an approach before he and only there must it be settled. This There is a provision that the District can come here and say he needs more body, I am sure, does not want to have have a reserve fund of up to $250 mil- money. anything to do with a proposal that is lion. A lot of money, but I think it is He was the first to agree with this. as complicated as that. It is not for us right to do so, so that we carry that re- He had no intention of coming to ask to say I have no idea where I stand on serve fund so that we can use it on a for more money. Even though, in order it. rainy day. Then there is something else to get the State functions taken back Do my colleagues know what I am that, probably, Congress did not mean by the Federal Government, we had to waiting for, I am waiting for the hear- to be in there. The two never, it seems turn in our Federal payment. So we do ings in the city council so I can find to me, never came together. And that not get any Federal payment, which out whether it is feasible, whether it is a reserve fund for $150 million put means that the 25 million visitors who does make sense, in the same way that away for each year. So that would just come to the District of Columbia every I wait for hearings in this body before build up. The District would have $350 year have the services paid for essen- I know where I stand on important million the second year and so forth. tially out of the pockets of the people breakaway issues. I do not think the Congress really I represent. They are in a city with a The mayor’s budget is full of such meant to have the District build up declining population. breakaway proposals. He wants D.C. that kind of reserve. I think it meant At some point, we have got to design agencies to compete with private sec- to have the District do what every an approach to make sure that the Dis- tor for city contracts. He knows he other city does, and that is to have a trict is able to handle this as it is han- must work with city unions and city healthy reserve fund, the way the re- dling it now. The importance of the re- workers in order for that to work. serve fund of up to $250 million would vitalization package which took the I am sure I do not need to tell him be. So the mayor is saying that he State functions cannot be underesti- that no one can support it unless he would like to be relieved of the second mated. brings the workers in because he is an $150 and do the first $250. The mayor is not asking for more expert in management and bringing I strongly support that. Because if money at this time. I am sure that we management and policy together. the mayor is not able to produce some- will have conversations over the next I am sure that the two will come to- thing in investment to the city, if he is few years with how to increase revenue gether because this kind of composi- not able to say, I am giving some of in the District. tion, where it has worked in other cit- this back to a city that has sacrificed Meanwhile, look at what the mayor ies, and, very often, if not most often, so much during the hard fiscal crisis has just done this week. He has come indeed, the public workers who know years, he is not going to be able to do forward with a very bold budget that is the job have in fact won the contract. the hard job of continuing to stream- itself a policy document that is a para- So there is nothing to fear but fear line the city and to make it a more ef- digm for what a budget ought to be. itself if we have a level playing field ficient city. Whether one agrees with this budget or and if everybody gets around the table I do not think anybody meant to not, the fact is it is a budget unlike and designs the process together. have the District simply build up re- budgets the District of Columbia has The mayor has put a priority on in- serves that grow and grow and grow seen for a long time, because it points creasing funding for D.C. public schools while no investment or little invest- to new directions and does not simply and youth programs. I love the part of ment is made in the city itself. And indicate where money will be spent. If the mayor’s program that says he given the mayor’s own proven track that is all a budget document is, it wants to increase after-school pro- record for fiscal prudence, I hope that simply plugs in dollar signs for what is grams. this proposal will be given every con- already there, that is not what the Dis- sideration. b trict needed. 1900 As it is now, because the mayor does Some parts of it are already very I cannot think of anything the mayor not know and because of his own care- controversial, like the proposal to sell could do that could be more important. ful and honest budgeting, he has one H1462 CONGRESSIONAL RECORD — HOUSE March 18, 1999 budget with the $150 million in it and The Congress has the power. It can the past has been something called a one budget without the $150 million. always use it. Congress does not need differential undercount, where some We are going to ask the Congress to re- the hold in order to effectively do so. segments of the population do not get lieve us of this complication; take the The hold creates havoc in the District. counted as high a percentage as other $150 million out, be satisfied with the It means that the District is stream- segments. For example, American Indi- $250 million, and let the mayor do his lining its process, we are not stream- ans are hard to count, and we need to job. lining our relationship to the District. put special efforts to go out and count Mr. Speaker, I have today introduced We ought to respond to what the Dis- the American Indian. And for all the a D.C. Budget Autonomy Act and a trict is doing by letting the District’s other segments of our population that D.C. Legislative Autonomy Act that bills stay with the District, letting the are hard to count, whether it is immi- goes along with the mayor’s budget, District’s budget stay with the Dis- grants, or inner-city minorities. and I introduced it precisely because trict, unless we decide that we want to It is the right thing to do for this the mayor’s budget came forward this intervene, in which case the District country, because it is the right thing week. It is a take-charge budget that I clause of the Constitution gives this that everybody should count, and we thought made the case for the District body every opportunity to come for- need to put all the resources into mak- of Columbia Budget Autonomy Act. ward. That is all we ought to need. The ing the year 2000 census the best ever. The legislation simply says that, par- congressional power is still intact. When Thomas Jefferson conducted ticularly because there is no Federal I want to thank the leadership on the first census back in 1790, they did payment any longer, when the District both sides for the way in which the not have a mail system that would de- passes its balanced budget, especially District, the new District, if I may be liver the census forms. It was done by now with the control board in place, so bold, has been received. I know I horseback going out and finding peo- that should be it. It should not have to speak for Mayor Anthony Williams and ple. They obviously missed people in come here to an appropriation com- City Council Chair Linda Cropp when I 1790, and they have missed people ever mittee and to the Senate to an appro- say there is a great feeling of hope and since then. But every year we should priation committee, which has no ap- very good feeling toward the Congress try to do as good as we can. The Clinton administration came up propriation for the District of Colum- in the District. There is the very same, with a new plan this time around. They bia. as we have already seen, here in the proposed to use sampling. The original Remember, the District clause would Congress, because the Congress has al- plan was that they were going to count still allow the Congress to intervene ready passed very important legisla- 90 percent of the population and use into the budgetary process in any way tion to return powers to the District. sampling and guesstimating for the it saw fit. So it could still come to the I would hope that Members would other 10 percent. A very risky plan; floor and say, I want to change this or come for just a few minutes on April 13 very dangerous plan, in my opinion. It that, or I want to do whatever about it to the reception that I am having for was destined to fail because it would without the budget coming over here. the mayor. The chairman of our sub- not be trusted by the American people. Meanwhile, the District budget could committee, the gentleman from Vir- We not only have to have the most ac- go into effect when it was passed and ginia (Mr. DAVIS), is joining me in curate census possible but we must would not hinge upon when we pass our sponsoring that reception. He is as appropriations. have it trusted by the American peo- pleased as I am with the way in which ple. This would save the District money; the city is proceeding, I think I can say save it an inestimable amounts of To go out and use polling techniques without fear of contradiction. The re- to estimate the population just will time, and I have put that in today be- ception will be held in Room 2226 Ray- not work in this country. It is too im- cause I believe the mayor, in good burn, and Members will be receiving an portant of an issue. And it was illegal. faith, has come forward with the kind invitation. The Constitution is very clear; it calls of prudent, exciting budgeting that the Expect me to come back, sometimes for an actual enumeration. We, the Re- Congress wanted to see, and I believe in 5 minutes, occasionally for a full publican majority, told the administra- the Congress ought to respond in kind hour, to give my colleagues some real tion it was illegal. And in an agree- by saying, it is his budget, we believe sense of what the city, where my col- ment in October-November of 1997, it in devolution, we are going to show it leagues all meet, is doing to meet its was agreed to proceed to court, to let by letting him do his budget his way own expectations and, by doing so, to the court decide whether it was legal. without our intervention. Remember, meet my colleagues’ expectations. This past January the Supreme Court we are talking about a city that has f ruled that it is an illegal plan, for pur- run a surplus for 3 years, when this THE 2000 CENSUS poses of apportionment, the 90 percent body expected to have a balance only population count. after 4 years. The SPEAKER pro tempore. Under And so, thank goodness, the court de- The second bill is a Legislative Au- the Speaker’s announced policy of Jan- cided before the Clinton administra- tonomy Bill, because I am sure most of uary 6, 1999, the gentleman from Flor- tion had proceeded all the way to con- the Congress is unaware that after a ida (Mr. MILLER) is recognized for 60 duct an illegal census. We had been piece of legislation is passed it has to minutes as the designee of the major- telling them for years it was illegal; it come here and sit for 30 or 60 days, de- ity leader. was wrong. But it finally took the Su- pending on the kind of legislation it is. Mr. MILLER of Florida. Mr. Speaker, preme Court to tell them it was illegal. The problem with that is that these 30 I rise today to address an issue of great Now the Clinton administration has or 60 days have to be legislative days, importance to this country, and that is decided, well, it is only illegal for ap- so that the District legislation cannot the upcoming 2000 census. portionment. We will do a second sam- become final often for months, because In 12 months we will be having forms ple for purposes of redistricting, which the Congress does not sit in blocks of in the mail to everybody in this great is drawing the lines within a State. 30 legislative days at one time. country to complete for the decennial Apportionment is concerned with the It creates havoc in the District gov- census, something that has been con- number of representatives each State ernment. It has to go through a Byzan- ducted since Thomas Jefferson con- will have. So that has been resolved. tine process just to get its laws to go ducted the first census in 1790. The cen- That has been decided, and the admin- into effect when passed, and then they sus is critical to the Democratic sys- istration has agreed to go ahead and do are not truly in effect. Unnecessary all tem that we have in this country. It is a full enumeration for that. But redis- together since, again, Congress could, the DNA of our democracy. And we tricting and apportionment go to- whenever it wanted to, simply come to need to do everything we can to have gether. We cannot separate them. But the floor, introduce a bill to overturn a the most accurate and trusted census what they want to do now is have a piece of legislation. Republican and that can be done. second set of numbers. Democratic Congresses alike, out of In 1990, we missed 1.6 percent of the Now, just imagine what this will be over 2,000 bills only 3 have been over- American people in that count, and we like. Two numbers. A two-number cen- turned in 25 years of Home Rule. need to try to do better. A problem in sus. Never been done in history. The March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1463 Census Bureau has been saying for a sample size of 300,000 for redistricting Mr. Speaker, I am glad to have my years we cannot do a two-number cen- purposes is marginally acceptable at colleague the gentleman from Arizona sus. It is wrong. I agree with the Bu- statewide populations if you take the (Mr. HAYWORTH) with me today, and I reau. But political pressure was total State population of Arizona or yield to him. brought to bear on the Census Bureau, Florida, but when we get down to with- Mr. HAYWORTH. Mr. Speaker, I sadly. The Census Bureau should not be in the State, it will lead to consider- thank my friend the gentleman from influenced by politics, but they are able variability. Florida (Mr. MILLER) for yielding. And very much being influenced this year. This is snake oil that has been ped- I would likewise thank the chairman And that is very sad for the Census Bu- dled by the Democratic party that this for his willingness to come to the reau today and certainly for years to is going to solve all their problems. It youngest of the 48 contiguous States, come that they have allowed political is not going to solve any problems be- the great State of Arizona, which did pressure to let them make bad public cause the courts are going to throw it not enter this Union until Valentine’s policy decisions. out. It is illegal. So how they use it if Day of 1912 in the administration of This is bad public policy. Just think, it is going to be thrown out in the one William Howard Taft. my home of Bradenton, Florida, is courts? going to have two numbers, one set of So it is a sad situation that efforts I might also point out that the Sixth numbers will be for approval by the Su- we are making to try to improve the Congressional District, which I am preme Court and another set of num- census are being opposed because all honored to represent, is an area in bers will be the Clinton numbers. Be- they want to do is sample, sample, square mileage almost the size of the cause what the President wants to do sample. They have this one-track Commonwealth of Pennsylvania, from is do the full enumeration, that will be mind. And all I can tell them is it is il- the hamlet of Franklin in the south the full count, and then adjust those legal, unconstitutional, and it is just there alongside the New Mexico numbers to say these are the other set wrong. And it is bad statistics. border in southern Greenlee County, of numbers. Two sets of numbers for I used to teach statistics for years in from Franklin north to Four Corners, the same date. And the census date is college. I know something about statis- the only point geographically common April 1 of 2000. tics. They can use statistics and they to four States in our Union, west of How confusing can it get? It is going can manipulate them. My first lecture Flagstaff and south again to Florence, to be so controversial and so tied up in in statistics, when I was teaching at a district that continues to grow with the courts that it is going to mess up Georgia State University in Atlanta a sizable portion of metropolitan Mari- redistricting throughout the country. for years, was how to lie with statistics copa County. Not just for Congress but, as I said, and it was on different channels and And indeed, according to the latest this is the DNA of our democracy, be- methods of how to do that. studies of population there, last year cause most elected officials in America When you use a measurement of cen- Maricopa County, Arizona, welcomed are having districts drawn based on the tral tendency, which is the mean, me- 86,000 new residents, second only to Los census. So every State representative, dium, and mode, they are different Angeles County, California. So it is a every State Senator, school board numbers; and we can say, which is bet- growing area, experiencing much the member, county commissioner, city ter to describe it, the medium number same growth that my friend from Flor- council person who represents a dis- or the mean number or the modal num- ida can attest for his sunshine State. trict, where they have to divide up by ber? And it is used all the time. But in the Grand Canyon State and population, are going to have those dis- Davis-Bacon, by the way, they use indeed throughout the United States of tricts tied up in courts for years to the modal number and it gets a higher America, Mr. Speaker, there are grave come. dollar amount. It is interesting what concerns. I certainly yield to my col- number they choose to manipulate. So b 1915 league from Florida in terms of his we have some serious problems with knowledge of statistics and his It will be an absolute disaster. So it the administration, the dangers we are background as a man of science and an is terrible policy that this administra- going to have with a failed census. educator in talking about statistics. tion is proceeding along the lines of We introduced the ACT program, I And I am reminded, I believe the line something that is illegal. It is illegal, have introduced, which are 10 measures was from Mark Twain, ‘‘statistics do and we have been telling them for to improve the census and I am going not lie but liars occasionally use sta- years it has been illegal. I do not know to go over those in a few minutes be- tistics.’’ what legal advice they are getting. Be- cause it is going to I think help im- cause reapportionment and redis- prove the census. And we had a big I would echo the observation of my tricting are in effect the same thing. markup yesterday. friend from Florida that is seriously What is going to make it even more But my colleague the gentleman disturbing. It has been frustrating illegal is that the results of these ad- from Arizona (Mr. HAYWORTH) has enough to see the lack of personal re- justed numbers are less accurate. The joined me on floor. We had two field sponsibility on the part of this admin- statistics are not valid. Because when hearings this past few months, one in istration, certainly personal conduct of they go to redistricting, what they do Miami in December, and we were out in the President of the United States, the is they work with census blocks. They January in Arizona. And as I said ear- misguided, if not arrogant, admonition do not work with the city population lier, the most undercounted population of the Vice President of the United numbers. They work with blocks. And we are dealing with are the American States when discussions of his own a block may have 20 homes. It may Indians. And one of the concerns we misconduct came up when he said, ‘‘my have 50 homes. had is how do we improve the count on legal counsel informs me there is no Now, in the big city it may have an American Indians. controlling legal authority,’’ not only apartment high-rise and they could I am from a beautiful Gulf Coast area an absurdity but close indeed, Mr. have a thousand or so people in it or on the Gulf Coast of Mexico, a very dif- Speaker and my colleagues, to an ob- more of course. But most of them are ferent area from the large district that scenity in terms of its arrogance. And smaller. There are millions of census the gentleman from Arizona (Mr. moving past that, recent revelations blocks in this country. And so what HAYWORTH) represents. But by going to involving the unlawful transfer of tech- they are going to do is use a sample of the area and having a field hearing in nology to the People’s Republic of 300,000 units to adjust all the millions Arizona and listening to tribal leaders, China, resulting today in a vote by this of census blocks in the country. It it was very enlightening to understand House to at long last approve a missile makes no sense. and see their concerns. So we really ap- defense. Even the Academy of Sciences, would preciate the effort my colleague made The committees of this Congress has been politically used in this case to make it possible for the gentle- must continue their vigilance and their sadly, a very distinguished, reputable woman from New York (Mrs. oversight of serious matters involving organization that has been politically MALONEY), the ranking member of the the lack of propriety in terms of solic- manipulated, they have even said that committee, and myself to be there. iting campaign donations from the H1464 CONGRESSIONAL RECORD — HOUSE March 18, 1999 People’s Republic of China and subse- punditocracy, its so-called legacy in like to take advantage of his expertise quently action taken to transfer tech- political terms and somewhere along and his study of this issue and his lead- nology to that nation’s military, put- the line something has gone terribly, ership as the chairman the sub- ting Americans at risk. terribly wrong. Because, in our con- committee most accountable for the But now my colleague from Florida stitutional republic, honest convictions census and in terms of Congressional has pointed out the latest outrage. My deeply held articulated in this chamber oversight and execution of such ac- colleagues, we all take an oath to up- with free debate are held amongst po- count. hold and defend the Constitution of the litical adversaries or opponents. We have established the sad realty United States; and when we raise our But somehow, sadly, some folks in that, for a variety of reasons, starting right hands and take that oath, that this town have changed that to start to and in fact ending at the top, that is at oath means something. It means that think of the majority in Congress as the other end of Pennsylvania Avenue, we all recognize the Constitution and their sworn enemy. How else are we to with our chief executive and his al- the wonderful tools our Founders gave interpret the provocative action of the ready well-established lack of regard us to make us a Nation of laws and not director of the census, who says to the for the statutes and the laws of the of men, sadly, events of this past year Supreme Court, well, you may have land, that this is going to continue which seem to indicate the opposite, told us that the Constitution says sam- apace. that we are a Nation of one man’s pling is banned based on your opinion, b 1930 whims and not of law. but we are going to double count. I would refer us to article 1, section Mr. Speaker, if the double-talk were I was wondering if my friend from 2, quoting now the actual enumeration. not enough from this bunch at the Florida in laymen’s terms could ex- ‘‘Shall be made within three years other end of Pennsylvania Avenue, now plain the deficiencies of sampling. It after the first meeting of the Congress we are treated to a double count. And has been described to me as almost in- of the United States and within every what they are saying, in an arrogant venting people, or projecting numbers subsequent term of 10 years in such and dangerously partisan fashion, is based on a count and then to actually manner as they shall by law direct,’’ that an actual enumeration of citizens cease a count and start an extrapo- speaking of this legislative preroga- mandated by the document to which lation. tive. we all swear our allegiance when we Could he put it in laymen’s terms so We should also point out with our take our oath of office and validated, those of us who join these proceedings constitutional republic, our system of amplified again by the findings of the and our citizenry from coast to coast three separate and coequal branches of Supreme Court of this Nation in Janu- could understand this a little better? government, there is an arbiter, an in- ary, somehow that is not good enough. Mr. MILLER of Florida. We are talk- terpreter. The judiciary branch. And And they, in their arrogance and in ing about using sampling. Sampling, the ultimate authority is, of course, their desire to shape a legacy born of we all use it for polling. We read the the Supreme Court of the United any means necessary politically, will polls in the newspapers all the time. States. invent people, will invent numbers, Politicians use them all the time. Mar- And as my colleague from Florida will supplement their double-talk with keting companies will use polling. pointed out earlier, and as we must a double count. It is tragic that we Polling and sampling is used when you continue to reiterate, the Supreme have reached such a stage. do not have enough time or money to Court of the United States, in January Mr. MILLER of Florida. Mr. Speaker, take a full census, which is a full of this year, banned sampling, banned reclaiming my time, it is so frustrating count. But the Constitution requires a this hocus-pocus, indeed in a phrase dealing with this administration to full count every 10 years. In between, that General Eisenhower used for a lot have a Clinton set of numbers and a we will use sampling. It has got an ap- of scientific ledger domain, he called it Supreme Court approved set of num- propriate role because you cannot go sophisticated nonsense, the Supreme bers. We have been telling them for out and count everybody every year. Court banned this type of inventive years it is illegal. I do not know where The plan that has now been proposed counting or projections or sophisti- they get their legal advice, but their the way it would work is, they would cated nonsense and said to all of us, lawyers are telling them bad informa- do the full count as best they could. whether the President of the United tion. Then they would take a sample of States, Mr. Speaker, or a Member of We had an agreement with them, it 300,000 units, housing units, and use Congress, or any citizen in this coun- was signed into law back in October- those numbers to then adjust the 270 try, and most specifically, he who is di- November of 1997, to be prepared for a million people in this country. rected to in fact be the director of the full enumeration. And they would not You have population numbers for the census, that, no, there will not be sam- even do that. They were not getting State of Florida, the State of Arizona, pling. Instead, there will be an actual prepared. And they were so arrogant as you will have it for the city of Phoenix, enumeration, as the Constitution calls saying, our lawyers are right and we the county of Maricopa County, the for. are going to win this or the Supreme county of Manatee County or Sarasota And yet the arrogance and, by any Court will rule after the census is done County. But then it gets down to the fair measure, dare I say the lawless- and then we will win it that way. numbers that you use for redistricting ness, is so rampant that they would I kind of feel sorry for the profes- are small units, the smallest units. have a director of our census essen- sionals over at the Census Bureau And if you look at how they draw them tially thumb his nose at the Supreme today because there are some good pro- on a computer map, these are census Court of the United States, at the Con- fessionals there and they are being blocks. How do you go and adjust a gress of the United States, and then driven by political pressure from the census block with 20 housing units in it say to the American people, well, the White House to do things that are bad based on a sample of 300,000 nation- Constitution may call for an actual public policy, bad science and statis- wide? enumeration but, gee, that is just not tics, and it is illegal. And it is an em- What is going to happen is in your good enough. Because to fit our par- barrassment for the real professionals area of Phoenix, they are going to take tisan designs, and let us speak plainly, that are over there that the politics population estimates from Utah and Mr. Speaker, in a town enshrouded, as weigh so heavy on them. Because ulti- New Mexico, probably California and I have said before, with almost a per- mately it is going to be declared ille- Nevada, lump them together and then spective borrowed from that Hans gal. they are going to come back and adjust Christian Anderson fairy tale dealing What they are saying is apportion- your census block where you live in Ar- with the emperor’s new clothes, when ment is illegal but then they are going izona. people fail to understand realty or fail to do redistricting with a separate set Mr. HAYWORTH. Let me see if this to square up to it, let us understand of numbers, and the courts are going to analogy works, because from time to this: Sadly this administration, it rule there the same thing. time, the attorneys might say, there is would seem, can only measure its so- Mr. HAYWORTH. Mr. Speaker, if the a preponderance of physical evidence called legacy, to use the term of the gentleman would further yield, I would that I battle with my physique, the March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1465 scale. This almost sounds like in lieu of those numbers, they are not going to There is one other question I have for weighing myself on a calibrated scale, trust the system. Our democracy really my colleague from Florida. I have that I take my two youngest children, is fundamentally at stake in this issue. heard talk, again from what I call the aged 8 and 5, because, after all, they The gentleman actually said the punditocracy, all the folks who show possess DNA, which is a part of me, and Clinton administration is not high on up on television to offer their opinions they have my hereditary characteris- the trust scale, whether it is in the for- of the day and offer them in a variety tics and to achieve a desired weight, I eign policy area with China, how you of columns on the opinion-editorial would put them on the scales and then take a deposition, it raises a question, pages of papers around the country, I extrapolate based on statistical sam- can you trust these numbers? If you have heard that again this political ples such as the ideal height and have a set of numbers that are ap- mission is so important to our current weight charts, the actuarial tables we proved by the Supreme Court and a set President that he may be willing to see from different life insurance com- of numbers that Clinton has manipu- shut down the government over this panies, and rather than take an actual lated to get to, which ones are you issue. Is there some veracity to that number from the scale, through statis- going to take? It is logical you are possibility? tical legerdemain, we would project a going to take the Supreme Court set of Mr. MILLER of Florida. It was re- desired outcome. Is that an apt anal- numbers, but they are going to try to ported in the New York Times recently ogy? force cities and counties and State leg- that, last fall, in order to get Demo- Mr. MILLER of Florida. Yes. The islatures to use these manipulated cratic support for that omnibus appro- idea is, they are going to do something numbers. That is wrong. priation bill, the President sent a let- called adjustment this time around. It Mr. HAYWORTH. If the gentleman ter to the gentleman from Missouri is a little different from the original will yield on that point, I should make (Mr. GEPHARDT), the minority leader, sampling plan. They are going to do ad- the point, Mr. Speaker, that just yes- saying that he will veto any legislation justment. The real set of numbers, so terday I was contacted by members of that keeps them from doing sampling. your scale shows you have a weight of the Arizona legislature concerned That means the upcoming appropria- 190 pounds, and I am being very gen- about this. Indeed, in recent weeks, of- tion bills that fund the census, but it erous. ficials of county government nation- not only funds the census, that par- Mr. HAYWORTH. That is the desired wide and from the various cities have ticular bill will fund the FBI, the State weight. Thanks very much. visited Washington. All of the mayors Department, the embassies around the Mr. MILLER of Florida. That is your and the county executives and the world, the Drug Enforcement Agency, desired, your goal. But then they will State legislators with whom I have the Border Patrol, the Weather Bureau. come back, they are going to adjust a spoken have expressed grave concerns He has said he will veto anything that number. They say, well, your scale about the machinations of this admin- keeps him from being able to do sam- shows 193, but we think because your istration and its apparent willingness pling, which is illegal. shoes are heavy and your tie weighs so once again, quite frankly, to disobey Mr. HAYWORTH. I just have a much, we are going to jump that up to the law of the land. thought, if my friend from Florida 247. That is how they are going to ad- So, Mr. Speaker, again in our con- would yield. We hear so much talk in just. They are doing it a little different stitutional republic, given the magnifi- this city about civility, and, of course, than the sample originally proposed. cent ability to freely express ideas, and we should recognize that the first rule Mr. HAYWORTH. So it is as if we had mindful of this free flow of information of civility is telling the truth. But the scales and the thumb rather than, from coast to coast and to Alaska and apart from that, we also hear how well, perhaps the heavy hand of govern- Hawaii, once again, Mr. Speaker, we there should be bipartisanship. Indeed ment is going to rest on that scale to have to call the American people to ac- today on this floor at long last, despite produce the desired outcome based on tion. the best efforts of liberals in this political pressure from the White There are those when I first came Chamber to drag their feet and delay House and the marching orders that here, Mr. Speaker, who spoke of some and oppose a strategic missile defense the Director of the Census has been sort of revolution. Our Vice President, system, at long last this Congress had given to maximize numbers in such a the same Vice President who claimed a bipartisan vote saying it will be the way, devoid of actual enumeration, to just last week he was the father of the mission of this country to act in its produce a desired outcome. Internet and he has cleared all sorts of own self-defense for a strategic missile Mr. MILLER of Florida. That is a new ground with a double ax in his system. Perhaps, Mr. Speaker, it would good description. farming days, that selfsame Vice Presi- be good for our friends on the other Mr. HAYWORTH. In fact, since we dent speaks of a reinvention of govern- side of the aisle to join us in true bi- are dealing with a crowd, of course, ment. partisanship. who give us different definitions for the Mr. Speaker, I believe quite frankly Now, of course, Washington, and word ‘‘is’’ and the meaning of the word both of those labels miss the mark. I sadly members of the press corps here ‘‘alone,’’ who tell us that China should believe what we should be about in this have a very interesting definition of be our strategic partner although we Congress, whether conservative or lib- what is bipartisan. In this town, to know now in the fullness of time that eral, Republican or Democrat, what we hear the liberal community speak, strategic partnership dealt with a par- should be about is a restoration, not a whether from the printed page or from ticular presidential campaign, this revolution, not a reinvention but a res- the political rhetoric of the other side, Clinton-Gore team’s reelection effort toration, and that is to say that we bipartisanship means the majority in 1996, now we have a new definition of should take quite literally what our abandoning the goals for which it was counting and a new definition of what Founders said to be the law of the land. elected to be made malleable and re- the census should be. So we are getting We stand here at the outset of every shaped by the whim of the minority. I all of this double talk and followed by congressional session, those of us who do not believe that definition of bipar- a double count from this crowd down at have been honored with election, and tisanship, as prevalent as it may be in the Census Bureau. we take an oath to uphold the Con- some Georgetown parlors and down the Mr. MILLER of Florida. That is very stitution. It calls for enumeration, street at the headquarters of the sad, because we need to have the cen- counting of citizens. The Supreme Democratic National Committee, is sus to be successful and the most accu- Court has upheld it, and yet this crowd really an operative definition of bipar- rate numbers possible, but it has got to on the other end of Pennsylvania Ave- tisanship. Far better that our friends be trusted by the American people. As nue wants to ignore it. I think my col- who seek civility opt for the truth and I say, every city councilperson in this league from Florida is correct to point join us in an intellectually rigorous, country, county commissioner, State out the concerns of the cities, the honorable and honest count, enumera- representative, State senator, Member counties and State governments in this tion for the census as called for in our of the House of Representatives, their regard, and, Mr. Speaker, I would call Constitution and as reaffirmed this districts are going to be drawn based on the great grassroots of America to past January by the Supreme Court. I on these numbers. If they do not trust let their thoughts be known. think that would be a step toward true H1466 CONGRESSIONAL RECORD — HOUSE March 18, 1999 civility. That would be a step toward b 1945 sense majority is all about transferring true bipartisanship. I would say to- I am anxious again for the Democrats money, power and influence out of the night that we reach out and extend our to explain: Oh, we do not trust the hands of Washington bureaucrats and hand to say, let us preserve the Con- mayors, we do not trust these city back home to people who live their stitution. Here is another chance to managers to look at our numbers of daily lives and now again in a most stand up for the rule of law, here is an- housing units. reckless transparently political and other chance to act like statesmen. I am in a growing area, the gen- lawless fashion the crowd on the left Join us in following the edicts of the tleman from Oklahoma has all this wants to say: Washington knows best, Constitution and the decisions of the growth. New developments are going in we are going to continue the double- Supreme Court. all the time, new streets, new houses. talk, have a double count and twist and Mr. MILLER of Florida. We talk Who knows best where they are? You shape the equations and numbers for about truth and working together. Yes- know who knows best? They know over our own desired ends. terday we marked up seven bills in the at the Census Bureau in Washington. It is sick, it is cynical, and, Mr. Committee on Government Reform to We do not know back home. Speaker, I reflect on a term that was improve the census. We mentioned one Mr. HAYWORTH. And moreover, my coined when I was growing up in de- that involves trust and local officials colleague from Florida made mention scribing another liberal administration that we have talked about, the mayors of the fact that I am also honored to in this town in its conduct of foreign and commissioners that we have been represent more Native Americans than policy and a variety of other issues. In hearing about from our district. That any other Member of Congress in the the late 1960’s there was talk of a credi- is something called post-census local United States; indeed almost one quar- bility gap. Mr. Speaker, how sad it is review. It was used in 1990. What it is, ter of the population of the Sixth Con- that in the case of this crowd we have is after the census is started, the local gressional District of Arizona is Amer- a credibility canyon. Indeed rhetori- communities get a chance to verify the ican Indian; and, as was pointed out in cally it rivals the splendor of the housing units in their area. They have the hearings held in Phoenix, many of Grand Canyon within the boundaries of a final check on the numbers before those Native Americans live in remote my great State. In Washington, D.C. they become published numbers, to areas, areas where they are known, for there is this credibility canyon wheth- catch mistakes. Because mistakes are example, on the great and sovereign er in terms of personal responsibility, made. We had a hearing on this. The Navajo Nation, in areas with a lack of or boastful claims or arrogant asser- gentleman from Wisconsin (Mr. PETRI) population density; but those in the tions that someone is above the law or, was talking about up in his district, a chapter houses, in the local units of in another fashion, there is no control- whole ward, a mistake was made and it government, tribal government at its ling legal authority. was left out. The idea is let the local most basic, know where the people live, Now again we are confronted with communities have one last chance to you see, because it is where they grew the incredible swath and distance, the look at the numbers and verify the up. gulf between the objective truth and housing units in their community, But what a metaphor for the two dif- the sick, cynical, political manipula- their city, their county, whatever the ferent attitudes that exist now in the tion of victimhood and arrogance that jurisdictional area we are talking final days of the 20th century in Wash- says: We are above the law. We are not about. It makes sense. It is a trust fac- ington, D.C. You have the new major- going to listen to the Supreme Court. tor. ity, which believes that one size does We are not going to listen to the Amer- They are opposed to it. The President not fit all, that our policies should not ican people. But in a most cynical fash- sent a letter, he will veto us. It was be Washington bureaucrat driven, that ion we will twist the numbers and done in 1990. It cost $7 million in 1990. we should not check common sense or come up with account that achieves its We are not talking about a huge sum of the power of observation at a depart- desired ends, and that is basically the money. But it gives a trust, a chance ment level door or a cubicle in Wash- debate in full flower we are seeing. for the local cities. The National ington, D.C., that instead we should The question is one of trust. As my League of Cities is supporting this, the turn to local experts, to those who are colleague from Florida says: Who do National Association of Towns and living their daily lives in their locales, you trust? At long last, Mr. Speaker, Townships is supporting this, all kinds in their communities, with special who can you trust? Good people can of mayors. They have gotten to the big challenges who acknowledge that disagree. This is not about the merits city mayors. Mayor Archer of Detroit Phoenix, Arizona, is a different place of disagreement. This is about the de- added 45,000 people in 1990. Wow, that is from Phoenix City, Alabama. signs of a sick, cynical scheme and a a lot of people. Now he is opposed to it. And then on the other hand, we have bald face grab for power. But it is an optional thing. You do not our friends on the left who continue to Mr. MILLER of Florida. As I men- have to participate. Detroit got 45,000 embrace this outmoded notion that tioned, we in the committee yesterday people going through the program the only Washington knows best, that marked up bills to improve the census, last time. If Mayor Archer does not somehow inside this Beltway, within and you would think they would want want to participate, let him not par- the parameters made possible by the to have the ideas of Congress, like the ticipate. As a matter of fact, we may Potomac, that only those who sit here post-census local review. Give those even put in the legislation that Mayor and work at a desk in a cubicle for the local officials like they had in 1990 a Archer and the city of Detroit cannot Federal Government have the answer, chance to have a quality check. participate, I do not know. But it is and how dare mayors, and city council- Another issue: They are opposing, amazing. They have sold snake oil to men, and county executives, and State and let me tell my colleagues this. the Democratic big city mayors be- legislators and those closer to the situ- They are opposing making the census cause they have said, ‘‘We’re going to ation and the true meaning of fed- form available in numerous languages get sampling, it will solve all our prob- eralism, how dare they, as duly elected and Braille. They said we are going to lems, it will add all these extra people officials, weigh in knowing traffic pat- put it in five languages besides to your cities if you will let us use terns, knowing housing patterns, English, and if you know of another sampling, so you need to oppose post- knowing their cities, towns, boroughs language, tough. You have to call an census local review.’’ and counties, how dare they step up 800 number, and hopefully you will find They do not trust their local offi- when instead we can have people in somebody who can translate. And if cials? I know it is a pain. They would Washington who can guess and guess you are blind, you know, tough. I mean have to deal with all the mayors, the through statistical legerdemain of the what do you do? city managers, the county commis- very clever way to produce a desired That is so sad. They are opposed to sioners. But they are opposing it and political outcome. it. It is not that difficult to make Clinton is going to veto the bill. It will Indeed, as our good friend and col- available forms for those that request probably be on the floor of the House league, the gentleman from Ohio and it to get these forms. maybe this coming week and we will be chairman of the Committee on the I was in Miami. We had a hearing able to debate it. Budget (Mr. KASICH) says, this common back in December. The gentlewoman March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1467 from Florida (Mrs. MEEK) has about see the Indian schools there because debate yesterday, and this came out of 150,000 Haitians in her district. Now a what the Census In School form is is our hearing out in Phoenix and in lot of them have not learned English going to be a form that is going to be Miami, and one of the things that the yet, and how do they fill out a form? sent out to the teachers of elementary tribal leaders, for example, and rep- Our colleague, the gentleman from schools, in elementary schools, and se- resentatives of communities in Miami California (Mr. HORN) from Long lected teachers in middle and sec- like the Haitian community and such Beach, he has about 50,000 Cambodians ondary schools that teach geography, I is they want to say we want to help, we in his district. Now how do they fill out think government, math, I think three want to give, you know, and their best a form if an elderly person? Now some- different categories, and the idea is and most knowledgeable about whether body would say, oh, they should not be they will get a request. If they want to it is their tribe or their community in counted, but everybody living in this participate in the program, send back a Miami or Detroit or wherever, but we country gets counted. It is required by card, and they will get maps and mate- need some help. What can, you know, our United States Constitution. And rials, and it is a good way to teach a the Census Bureau do for us? What can here is amazing; this is the Democratic civics lesson, and, you know, they can the government do for them? party that wants to reach out to every- teach mathematics, they can teach ge- One idea we came up with is a part- body, and they are refusing to publish ography. There are lots of things kids nership program, it is a grant program, the seven questions, only seven ques- can learn about the census and the matching grant program for $26 mil- tions, in these languages, and one of Constitution on it, if the teachers want lion. It is not a huge amount of money, our bills is to put it out in 33 languages to. So we are going to make it avail- you know, for the entire country, but plus Braille rather than the five lan- able. it is a one-shot deal so that if the The Census Bureau was only going to guages. Their argument is, well, our tribes and we need some help within make it available to 20 percent of the five languages, we get 99 percent of the our tribe to go out and, you know, get schools, and we think it is a good pro- people. Well, 1 percent of the American the people to fill out the forms, or if gram. So we commend them and say we people is 2.7 million people, and we the Haitian community wants to get, think it should be made available to only missed 1.6 percent of the popu- you know it can be nonprofit groups, it everybody, all the schools. They are lation last time. can be governmental groups. They can contracting it out, so it is not like Why are they afraid to do that? I request a grant, and they say all these mean it is the Republicans are out extra work for them. There is a group called Scholastic, excuses. Census Bureau, we are not there trying to make it more acces- Inc., that has got the contract, and it into the grant making business. Okay. sible, to have everybody fill out the is just a matter of sending the letter to Well, let the Commerce Department do form, and so I mean it is so frustrating all these teachers, and if they like it, it, Commerce Department which over- that they say we are perfect, we do not send back a card. And they fought us, sees, of course, the Census Bureau. make mistakes, and we are all profes- and fought us, and fought us yesterday They give grants all the time, let them sionals and, you know, do not micro- over that issue, and they finally agreed do it. What is wrong with it? What is manage. Well, do not micromanage? to let it go by voice vote. the harm of it? This is what we find out They are the ones that spent a billion And I understand. I said, ‘‘Are you in field hearings in Phoenix and in dollars over the past 7 years on a ille- opposed to 60 percent of the teachers Florida, and they fought us on it and gal plan, and it was not until January receiving this? Why are you opposed to fought us on it, and they finally reluc- that they, you know, we got hit in the the possibility of helping kids?’’ We tantly said it is not even worth the head. They realized, yes, it was illegal, can get Members of Congress to go to trouble. and they said that is the reason we are schools in their district to help pro- Mr. HAYWORTH. Well, my friend going to go to two numbers. mote it. It is something that is good from Florida has cleared up one mys- I mean it is an amazing organization civics, it is good public policy, and you tery. There are many citizens around to deal with, and these other ideas we know they finally gave in and voice this country that really wondered are proposing. It was another one they voted. It was amazing. about the function of the Commerce are opposed to is, and this has support Mr. HAYWORTH. If the gentleman Department to begin with. So at least from General Accounting Office and at from Florida will yield for a second, now we know that the Commerce De- one time the Academy of Sciences sup- this is very interesting because once partment is the Cabinet level agency ported it. We get one form in the mail, again we see the gulf between rhetoric that has authority over the census. and, you know, hopefully everybody re- and reality because our President and So, that is important to know, that turns it, we get as many as we can re- liberal Members of this House come to there is that very important and vital turned. But if you send the second form this floor, and indeed the President of function, but my colleague from Flor- as a reminder, it will increase response the United States stood at this rostrum ida is quite right. I can recall in our rates by 6 or 7 percent. a couple of months ago and told us how hearing in Phoenix and in our visit to They tried that out when they did important education was and how we the Gila River Indian community and what is called a dress rehearsal last should put our children first. And of meeting with the school kids and the year in Sacramento and Columbia, course now we find that our children, citizens of the health clinic and those South Carolina. They will get a 6 or 7 as they go to sleep at night, are within who are involved in the tribal council percent improvement on response rate. the target range of Chinese missiles, that here are people who appreciate the That is about 19 million people. That and, moreover, that the liberal minor- notion of self government and sov- many fewer forms have to be filled out. ity in this House actually does not ereignty who are willing to count and And they are opposed to it. They are want to utilize a great civics lesson willing to meet those challenges and going to fight it, and the President is and participation in understanding the eager to do so. And then you have the going to veto it. He is going to veto role constitutionally of the decennial situation like just occurred in the com- those 33 languages. He is going to veto census, that as its name implies, comes mittee where actually one has to pull post-census review. but once every 10 years, and to miss teeth with the minority side to move I do not understand their logic. It is this historic opportunity when the to reasonable, rational positions to so frustrating. claims constantly are of concern for bring about the desired goal of a full I mean even we had one program we the children and wanting to improve count or at least what should be the debated for probably 45 minutes yester- education. And again, it is yet another desired goal of a full count. day in committee. It is something sad piece of evidence in this credibility b called Census In The School program. canyon which is come to exist in Wash- 2000 It is a good program, and I hope when ington D.C., certainly not as splendid Mr. MILLER of Florida. There is one it becomes available that you can go to as our Grand Canyon, but one that we bill that the minority did support and your schools and promote it, especially will have a long time trying to rec- this is one that the gentlewoman from when you go to the Indian schools oncile. Florida (Mrs. MEEK) was pushing and I which we visited when we were in your Mr. MILLER of Florida. One of the was supportive of, and this is some- district. It was really kind of neat to other ones that was interesting in the thing that came out in the hearings in H1468 CONGRESSIONAL RECORD — HOUSE March 18, 1999 Phoenix also with the tribal leaders, is powerment because as we all know and have introduced legislation. I do not to be able to hire the people go out and as I remarked to the Navajo Tribal know why they would oppose making it do the knocking on doors and helping Council when I was honored to address available in languages for people that count those who do not fill out their that assembly in Window Rock, Ari- are undercounted. Why do they not forms and get them back in. We need to zona, the Navajo Nation capital, the want to let people that are blind and get local people to do that work. greatest social program in the world is need braille make it available in Who better than to get the native In- a job. braille? They say, no, it is too much dian to go out on their reservation and Mr. MILLER of Florida. Right. trouble. do their counting and knock on doors? Mr. HAYWORTH. To have this oppor- This is a huge effort. This is going to They are the ones who are going to tunity, I salute the gentlewoman from be $6 billion or so total being spent. It trust their friends and neighbors. In Florida (Mrs. MEEK) and while there is a giant undertaking, and the bottom some cases these people may be on may be some questions of jurisdiction goal that we should all share, and I some type of welfare-type benefit, a and some details to iron out with the think we all do share, is get the best medicaid program or something like Nation’s governors and the respective count possible. Every person living in that and these are temporary jobs, States and the whole notion of TATNF, this great country counts and we need only going to be around for a few Temporary Assistance to Needy Fami- to put the resources into it. This Re- months and so to get them to be able lies, and what we are doing here, if we publican Congress, for the past couple to work those jobs temporarily without can vet those concerns and make a of years, has put more money and re- losing those benefits would be very de- workable proposition come out, well, sources in the census than the Presi- sirable. then this is to be welcomed. Let us dent has asked. We are willing to put So the gentlewoman from Florida seize on this aspect. Salute our col- those resources in there because we (Mrs. MEEK) introduced legislation league, the gentlewoman from Florida, want it done right, and that is so fun- which, of course, I cosponsored and we from the other side of the aisle and say damental. The administration is just passed yesterday, and I have to give that example should be followed be- playing games. credit to the gentlewoman from Flor- cause it is inevitable that we may not Mr. HAYWORTH. It is interesting be- ida (Mrs. MEEK) for pushing this legis- agree on every jot and tittle of policy cause it evokes another visit to the po- lation, the Democrats. but that is the example of true biparti- There are a lot of people who have litical dictionary and the lexicon of sanship, to work together to try to concerns about this because as the gen- terms that we find in vogue in our Na- solve a problem, not to try a maneuver tleman who is on the Committee on tion’s capital. We hear a lot of talk for political advantage or to say we are Ways and Means knows, welfare reform about compassion. When we stop and which was passed in 1996 gave the going to ignore the rulings of the Su- think about it, Mr. Speaker, how best States the power. So the real problem preme Court and the Constitution can we define compassion? We hear a we are having with this is, and the peo- somehow does not count. So my friend lot of rhetoric on the left about it. ple are challenging us on it the most is, is right to give credit where credit is I think a lot of us would view com- we are taking away power from the due and that should be an example of passion with two words; an attitude States. Let them decide. The States, I true bipartisanship and civility. rather than a definition. True compas- would assume, are willing to do it. I look forward to working with the sion means everybody counts. So if ev- The question is, do we mandate it out gentleman to try to iron out some of erybody counts, why not count every- of Washington? The fact is, the gentle- these problems of jurisdiction. body? Why not live up to the standards Mr. MILLER of Florida. I appreciate woman from Florida (Mrs. MEEK) did of our constitution in Article I Section this, and I went along with it, we that. Our visit to Arizona was very en- 2? Why not follow the decision of our pushed it and luckily we got it and lightening because every area is dif- Supreme Court? Why not employ true hopefully we can get it passed by the ferent in this country. The gentleman’s compassion and make sure everybody House. If not, we can get a sense of district is very different from the dis- counts by counting everybody? Congress to push it along and get the trict of the gentlewoman from Florida Mr. MILLER of Florida. I completely States to do it because it is good public (Mrs. MEEK), and again the gentle- agree. That is a great way, as we con- policy and we should all agree that we man’s district is going to be very dif- clude this discussion this evening, to want the local native Indians on their ferent from my district in southwest explain what we are really trying to reservation. They do not want to go to Florida where we have lots of retirees accomplish, is just count everyone be- the next reservation necessarily, and and beautiful beaches along the Gulf of cause everyone counts in this great they are not going from their reserva- Mexico and a different environment. country. tions to the Haitian community in The gentleman has desert. We have There is no excuse for somebody not Miami either. That is one good thing beautiful beaches and mangroves and being counted. We need to build trust we hopefully will get out of this. some swamps in our area, too. We have with all segments of our population Mr. HAYWORTH. As we discovered in to be able to understand the diversity and commit the resources it takes to working with Native American groups of our great country, and that applies do that, because that magical date of and other concerned constituencies in to the census. I learned a lot, such as April 1 of 2000 is when we need to get the field hearings in Phoenix, we have every Indian on the reservation does everybody counted, about 270 million many Indian communities. While some not have a mailbox. They do not have people in this great country, a huge un- enjoy an economic boom and take ad- a street. The streets are not even dertaking. vantage of new economic opportuni- named, as explained, in some areas. It They say it is the largest non- ties, I was meeting earlier today with a is just dirt paths off into these reserva- military undertaking and mobilization group of high school students who tions, but everybody needs to be count- in American history that will be tak- came to see me from the Close-up ed. ing place next year and we need to put Foundation, from the Navajo Nation There is no excuse for people not to all the resources we can into it. I am and understand, Mr. Speaker, that un- be counted. People do not trust the looking forward to the complete count. employment on the sovereign Navajo Federal Government, as we well know. I appreciate the gentleman joining nation, an area in geographic size al- So we have got to build up trust in the me here this evening to have a chance most the size of the State of West Vir- system. Each of us, as leaders, we have to discuss this critical issue. ginia, transcending the boundaries of to be part of that process but, of four of our sovereign states, unemploy- course, the administration in their pro- f ment on the reservations can top and cedures they are going through now are exceed 50 percent in some cases. So breaking down that trust factor. SPECIAL ORDERS GRANTED jobs, be they temporary, are welcome We do share a common goal that we and indeed there would be a lot of peo- want everybody to be counted. There is By unanimous consent, permission to ple. the problem of the differential address the House, following the legis- This is one of the topics we addressed undercount and we should do every- lative program and any special orders today, what happens for economic em- thing we can, and that is the reason we heretofore entered, was granted to: March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1469 (The following Members (at the re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Commission, transmitting the Commission’s quest of Ms. NORTON) to revise and ex- on Banking and Financial Services. final rule—NRC Inspection Manual—received tend their remarks and include extra- 1105. A letter from the General Counsel, February 22, 1999, pursuant to 5 U.S.C. Department of Housing and Urban Develop- 801(a)(1)(A); to the Committee on Commerce. neous material:) ment, transmitting the Department’s final 1114. A letter from the Secretary of En- Mr. BLUMENAUER, for 5 minutes, rule—Home Equity Conversion Mortgages; ergy, transmitting the Strategic Petroleum today. Consumer Protection Measures Against Ex- Reserve Plan Amendment No. 5, which al- Ms. JACKSON-LEE of Texas, for 5 min- cessive Fees [Docket No. FR–4306–F–02] (RIN: lows the Department of Energy to use all the utes, today. 2502–AH10) received February 9, 1999, pursu- authorities under the Act to acquire oil for Mr. FALEOMAVAEGA, for 5 minutes, ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Strategic Petroleum Reserve, including today. on Banking and Financial Services. federal royalty oil; to the Committee on 1106. A letter from the Assistant to the Commerce. (The following Members (at the re- Board, Federal Reserve Board of Govenors, 1115. A letter from the Secretary, Securi- quest of Mr. FOSSELLA) to revise and transmitting the Board’s final rule—Risk- ties and Exchange Commission, transmitting extend their remarks and include ex- Based Capital Standards: Construction the Commission’s final rule—Frequently traneous material:) Loans on Presold Residential Properties; Asked Questions About the Statement of the Mr. ROYCE, for 5 minutes, today. Junior Liens on 1- to 4-Family Residential Commission Regarding Disclosure of Year Mr. FLETCHER, for 5 minutes, today. Properties; and Investments in Mutual 2000 Issues and Consequences to Public Com- Funds [Regulation Y; Docket No. R–0948] re- panies—received March 1, 1999, pursuant to 5 Mr. DEMINT, for 5 minutes, today. ceived February 25, 1999, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Mr. FOSSELLA, for 5 minutes, today. 801(a)(1)(A); to the Committee on Banking Commerce. Mr. WALSH, for 5 minutes, today. and Financial Services. 1116. A letter from the Secretary, Securi- Mr. KASICH, for 5 minutes, today. 1107. A letter from the Assistant to the ties and Exchange Commission, transmitting Mr. SCHAFFER, for 5 minutes, today. Board, Federal Reserve Board of Governors, the Commission’s final rule—Exemption of (The following Members (at their own transmitting the Board’s final rule—Risk- the Securities of the Kingdom of Belgium request) to revise and extend their re- Based Capital Standards: Construction under the Securities Exchange Act of 1934 for Loans on Presold Residential Properties; Purposes of Trading Futures Contracts on marks and include extraneous mate- Junior Liens on 1- to 4-Family Residential Those Securities [Release No. 34–41116, Inter- rial:) Properties; and Investments in Mutual national Series Release No. 1186, File No. S7– Mrs. CLAYTON, for 5 minutes, today. Funds. Leverage Capital Standards; Tier 1 15–98] (RIN: 3235–AH46) received March 1, Mr. SHERMAN, for 5 minutes, today. Leverage Ratio (RIN: 3064–AB 96) received 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the f February 26, 1999, pursuant to 5 U.S.C. Committee on Commerce. 801(a)(1)(A); to the Committee on Banking 1117. A letter from the Director, Office of BILL PRESENTED TO THE and Financial Services. Congressional Affairs, U.S. Nuclear Regu- PRESIDENT 1108. A letter from the General Counsel, latory Commission, transmitting the Com- Department of Transportation, transmitting mission’s final rule—Changes To Quality As- Mr. THOMAS, from the Committee the Department’s final rule—Vehicle Certifi- surance Programs (RIN: 3150–AG–20) received on House Administration, reported cation; Contents of Certification Labels for February 26, 1999, pursuant to 5 U.S.C. that that committee did on the fol- Multipurpose Passenger Vehicles and Light 801(a)(1)(A); to the Committee on Commerce. lowing date present to the President, Duty Trucks [Docket No. NHTSA–99–5047] 1118. A letter from the Director, Defense for his approval, a bill of the House of (RIN: 2127–AG65) received February 8, 1999, Security Cooperation Agency, transmitting a copy of Transmittal No. 99–0A, which re- the following title: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Commerce. lates to the Department of the Army’s pro- On March 17, 1999: 1109. A letter from the Director, Office of posed enhancements or upgrades from the H.R. 540. To amend title XIX of the Social Regulatory Management and Information, level of sensitivity of technology or capa- Security Act to prohibit transfers or dis- Environmental Protection Agency, transmit- bility of defense article(s) previously sold to charges of residents of nursing facilities as a ting the Agency’s final rule—Approval and Singapore, pursuant to 22 U.S.C. 2776(b)(5); to result of a voluntary withdrawal from par- Promulgation of Air Quality Implementa- the Committee on International Relations. ticipation in the Medicaid Program. tion Plans; State of Delaware—Transpor- 1119. A letter from the Assistant Legal Ad- f tation Conformity Regulation [DE036–1018a; viser for Treaty Affairs, Department of FRL–6303–4] received February 22, 1999, pur- State, transmitting Copies of international ADJOURNMENT suant to 5 U.S.C. 801(a)(1)(A); to the Com- agreements, other than treaties, entered into mittee on Commerce. by the United States, pursuant to 1 U.S.C. Mr. HAYWORTH. Mr. Speaker, I 1110. A letter from the Director, Office of 112b(a); to the Committee on International move that the House do now adjourn. Regulatory Management and Information, Relations. The motion was agreed to; accord- Environmental Protection Agency, transmit- 1120. A letter from the Assistant Secretary ingly (at 8 o’clock and 8 minutes p.m.), ting the Agency’s final rule—Amendment to for Legislative Affairs, Department of State, under its previous order, the House ad- National Standards of Performance for Steel transmitting the Department’s final rule— journed until Monday, March 22, 1999, Plants: Electric Arc Furnaces Constructed Bureau for International Narcotics and Law at 2 p.m. After October 21, 1974, and On or Before Au- Enforcement Affairs; Prohibition on Assist- gust 17, 1983, and Electric Arc Furnaces Con- ance to Drug Traffickers [Public Notice 2840] f structed After August 17, 1983 [AD–FRL–6234– received February 22, 1999, pursuant to 5 EXECUTIVE COMMUNICATIONS, 8] (RIN: 2060–AH95) received February 22, U.S.C. 801(a)(1)(A); to the Committee on 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the International Relations. ETC. Committee on Commerce. 1121. A letter from the Assistant Secretary Under clause 8 of rule XII, executive 1111. A letter from the Director, Office of for Legislative Affairs, Department of State, communications were taken from the Regulatory Management and Information, transmitting the FY 1998 Annual Report on Speaker’s table and referred as follows: Environmental Protection Agency, transmit- U.S. Government Assistance to and Coopera- ting the Agency’s final rule—Approval and tive Activities with the New Independent 1102. A letter from the Secretary of De- Promulgation of Air Quality Implementa- States of the Former Soviet Union; to the fense, transmitting the 1999 Department of tion Plans; Delaware; Definitions of VOCs Committee on International Relations. Defense Annual Report to the President and and Exempt Compounds [DE041–1019a; FRL– 1122. A letter from the Executive Director, the Congress, pursuant to 10 U.S.C. 113 (c) 6238–7] received March 3, 1999, pursuant to 5 Committee For Purchase From People Who and (e); to the Committee on Armed Serv- U.S.C. 801(a)(1)(A); to the Committee on Are Blind or Severely Disabled, transmitting ices. Commerce. the Committee’s final rule—Additions and 1103. A letter from the Secretary of De- 1112. A letter from the Director, Office of Deletions—received February 22, 1999, pursu- fense, transmitting Notification of intent to Regulatory Management and Information, ant to 5 U.S.C. 801(a)(1)(A); to the Committee obligate funds for test projects for inclusion Environmental Protection Agency, transmit- on Government Reform. in the Fiscal Year 1999 Foreign Comparative ting the Agency’s final rule—Approval and 1123. A letter from the Director, Office of Testing (FCT) Program, pursuant to 10 Promulgation of Air Quality Implementa- Personnel Management, transmitting the Of- U.S.C. 2350a(g); to the Committee on Armed tion Plans; State of Colorado; Greeley Car- fice’s final rule—Prevailing Rate Systems; Services. bon Monoxide Redesignation to Attainment, Abolishment of the Marion, Indiana, Non- 1104. A letter from the General Counsel, Designation of Areas for Air Quality Plan- appropriated Fund Wage Area (RIN: 3206– Department of Housing and Urban Develop- ning Purposes, and Approval of a Related Re- AH60) received March 3, 1999, pursuant to 5 ment, transmitting the Department’s final vision [CO–001–0029a; FRL–6236–7] received U.S.C. 801(a)(1)(A); to the Committee on Gov- rule—Uniform Financial Reporting Stand- March 3, 1999, pursuant to 5 U.S.C. ernment Reform. ards for HUD Housing Programs; Technical 801(a)(1)(A); to the Committee on Commerce. 1124. A letter from the Director, Office of Amendment [Docket No. FR–4321–F–05] (RIN: 1113. A letter from the Director, Office of Personnel Management, transmitting the Of- 2501–AC49) received February 9, 1999, pursu- Congressional Affairs, Nuclear Regulatory fice’s final rule—Prevailing Rate Systems; H1470 CONGRESSIONAL RECORD — HOUSE March 18, 1999 Abolishment of the Marion, Indiana, Non- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1144. A letter from the General Counsel, appropriated Fund Wage Area (RIN: 3206– Committee on the Judiciary. Department of Transportation, transmitting AH60) received March 3, 1999, pursuant to 5 1135. A letter from the General Counsel, the Department’s final rule—Standard In- U.S.C. 801(a)(1)(A); to the Committee on Gov- Department of Transportation, transmitting strument Approach Procedures; Miscella- ernment Reform. the Department’s final rule—Uniform Relo- neous Amendments [Docket No. 29455; Amdt. 1125. A letter from the Secretary of the In- cation Assistance and Real Property Acqui- No. 1912] received February 8, 1999, pursuant terior, transmitting notification of the open- sition Regulations for Federal and Federally to 5 U.S.C. 801(a)(1)(A); to the Committee on ing in the position of Special Trustee for Assisted Programs [FHWA Docket No. Transportation and Infrastructure. American Indians; to the Committee on Gov- FHWA–98–3379] (RIN: 2125–AE34) received 1145. A letter from the General Counsel, ernment Reform. February 8, 1999, pursuant to 5 U.S.C. Department of Transportation, transmitting 1126. A letter from the Deputy Associate 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Amendment to Director for Royalty Management, Depart- tation and Infrastructure. Class E Airspace; Linden, NJ [Airspace ment of the Interior, transmitting notifica- 1136. A letter from the General Counsel, Docket No. 98–AEA–46] received February 8, tion of proposed refunds of offshore lease rev- Department of Transportation, transmitting 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the enues where a refund or recoupment is ap- the Department’s final rule—Transportation Committee on Transportation and Infra- propriate, pursuant to 43 U.S.C. 1339(b); to Equity Act for the 21st Century; Implemen- structure. the Committee on Resources. tation Guidance for the Interstate Highway 1127. A letter from the Assistant Secretary Reconstruction/Rehabilitation Pilot Pro- 1146. A letter from the General Counsel, for Fish and Wildlife Parks, Department of gram; Solicitation for Candidate Proposals— Department of Transportation, transmitting the Interior, transmitting the Department’s received February 8, 1999, pursuant to 5 the Department’s final rule—Establishment final rule—Migratory bird hunting; Regula- U.S.C. 801(a)(1)(A); to the Committee on of Class E Airspace; Oroville, CA [Airspace tions to increase harvest of Mid-continent Transportation and Infrastructure. Docket No. 98–AWP–10] received February 8, light geese (RIN: 1018–AF25) received Feb- 1137. A letter from the General Counsel, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ruary 22, 1999, pursuant to 5 U.S.C. Department of Transportation, transmitting Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Resources. the Department’s final rule—Airworthiness structure. 1128. A letter from the Director, National Directives; Textron Lycoming Model O–540– F1B5 Reciprocating Engines [Docket No. 98– 1147. A letter from the General Counsel, Oceanic and Atmospheric Administration, Department of Transportation, transmitting transmitting the Administration’s final ANE–73–AD; Amendment 39–11019; AD 99–03– 05] (RIN: 2120–AA64) received February 8, the Department’s final rule—Establishment rule—Taking of Marine Mammals Incidental of Class E Airspace; Metropolitan Oakland to Commercial Fishing Operations; Pacific 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- International Airport, California; Correction Offshore Cetacean Take Reduction Plan Reg- [Airspace Docket No. 98–AWP–22] received ulations [Docket No. 9901040001–9001–01; I.D. structure. 1138. A letter from the General Counsel, February 8, 1999, pursuant to 5 U.S.C. 111398D] (RIN: 0648–AM05) received February Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule—Airworthiness tation and Infrastructure. the Committee on Resources. 1129. A letter from the Director, Office of Directives; Bombardier Model DHC–7 Series 1148. A letter from the General Counsel, Sustainable Fisheries, National Oceanic and Airplanes [Docket No. 98–NM–295–AD; Department of Transportation, transmitting Atmospheric Administration, transmitting Amendment 39–11021; AD 99–03–07] (RIN: 2120– the Department’s final rule—Revision of AA64) received February 8, 1999, pursuant to the Administration’s final rule—Fisheries of Class D Airspace; Anchorage, Elmendorf Air 5 U.S.C. 801(a)(1)(A); to the Committee on the Caribbean, Gulf of Mexico, and South At- Force Base (AFB) Airport, AK Establishment Transportation and Infrastructure. lantic; Coastal Migratory Pelagic Resources of Class E Airspace; Anchorage, Elmendorf 1139. A letter from the General Counsel, AFB Airport, AK [Airspace Docket No. 98– of the Gulf of Mexico and South Atlantic; Department of Transportation, transmitting Trip Limit Reduction [Docket No. 961204340– AAL–23] received February 8, 1999, pursuant the Department’s final rule—Airworthiness to 5 U.S.C. 801(a)(1)(A); to the Committee on 7087–02; I.D. 020999F] received February 22, Directives; Short Brothers Model SD3–60 Transportation and Infrastructure. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the SHERPA Series Airplanes [Docket No. 98– Committee on Resources. NM–289–AD; Amendment 39–11020; AD 99–03– 1149. A letter from the Chief, Office of Reg- 1130. A letter from the Director, National 06] (RIN: 2120–AA64) received February 8, ulations and Administrative Law, Depart- Oceanic and Atmospheric Administration, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of Transportation, transmitting the transmitting the Administration’s final Committee on Transportation and Infra- Department’s final rule—Conformance of the rule—Taking of Marine Mammals Incidental structure. Western Rivers Marking System with the to Commercial Fishing Operations; Pacific 1140. A letter from the General Counsel, United States Aids to Navigation System Offshore Cetacean Take Reduction Plan Reg- Department of Transportation, transmitting [USCG–1999–5036] (RIN: 2115–AF14) received ulations; Technical Amendment [Docket No. the Department’s final rule—Airworthiness March 2, 1999, pursuant to 5 U.S.C. 970129015–8123–06; I.D. 042798B] (RIN: 0648– Directives; Raytheon Aircraft Company 801(a)(1)(A); to the Committee on Transpor- AI84) received February 26, 1999, pursuant to Beech Model 60 Airplanes [Docket No. 98–CE– tation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on 126–AD; Amendment 39–11024; AD 99–03–11] 1150. A letter from the Chief, Office of Reg- Resources. (RIN: 2120–AA64) received February 8, 1999, 1131. A letter from the Director, National ulations and Administrative Law, Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of Transportation, transmitting the Oceanic and Atmospheric Administration, mittee on Transportation and Infrastruc- Department’s final rule—Drawbridge Oper- transmitting a report on the Apportionment ture. ating Regulation; Bayou Chico, FL [CGD08– of Regional Fishery Management Council 1141. A letter from the General Counsel, (RFMC) Membership in 1998 prepared by the Department of Transportation, transmitting 99–006] (RIN: 2115–AE47) received March 2, National Marine Fisheries Service, National the Department’s final rule—Airworthiness 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Oceanic and Atmospheric Administration, Directives; Boeing Model 737–600, –700, Committee on Transportation and Infra- Department of Commerce; to the Committee –700IGW, and –800 Series Airplanes [Docket structure. on Resources. No. 98–NM–362–AD; Amendment 39–11022; AD 1151. A letter from the Chairman, Federal 1132. A letter from the Rules Adminis- 99–03–08] (RIN: 2120–AA64) received February Maritime Commission, transmitting the trator, Department of Justice, transmitting 8, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to Commission’s final rule—Miscellaneous the Department’s final rule—Classification the Committee on Transportation and Infra- Amedments To Rules Of Practice and Proce- and Program Review: Team Meetings [BOP– structure. dure [Docket No. 98–21] received February 22, 1068–F] (RIN: 1120–AA64) received March 4, 1142. A letter from the General Counsel, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting Committee on Transportation and Infra- Committee on the Judiciary. the Department’s final rule—Airworthiness structure. 1133. A letter from the Rules Adminis- Directives; Allison Engine Company, Inc. AE 1152. A letter from the Chief, Regulations trator, Department of Justice, transmitting 2100A, AE 2100C, and AE 2100D3 Series Turbo- Unit, Internal Revenue Service, transmitting the Department’s final rule—Birth Control, prop Engines [Docket No. 98–ANE–83–AD; the Service’s final rule—Differential Earn- Pregnancy, Child Placement and Abortion Amendment 39–11023; AD 99–03–09] (RIN: 2120– ings Rate for Mutual Life Insurance Compa- [BOP–1030–F] (RIN: 1120–AA31) received AA64) received February 8, 1999, pursuant to nies [Notice 99–13] received February 22, 1999, March 4, 1999, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on the Judici- Transportation and Infrastructure. ary. 1143. A letter from the General Counsel, mittee on Ways and Means. 1134. A letter from the Director, Policy Di- Department of Transportation, transmitting 1153. A letter from the Director, Defense rectives and Instructions Branch, Immigra- the Department’s final rule—Standard In- Security Assistance Agency, transmitting a tion and Naturalization Service, transmit- strument Approach Procedures; Miscella- report on deliveries under Section 540 of P.L. ting the Service’s final rule—Interim Des- neous Amendments [Docket No. 29454; Amdt. 104–107 to the Government of Bosnia- ignation of Acceptable Receipts for Employ- No. 1911] received February 8, 1999, pursuant Herzegovina, pursuant to Public Law 104–107 ment Eligibility Verification [INS No. 1947– to 5 U.S.C. 801(a)(1)(A); to the Committee on section 540(c); jointly to the Committees on 98] (RIN: 1115–AE94) received February 9, Transportation and Infrastructure. International Relations and Appropriations. March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1471 REPORTS OF COMMITTEES ON protect the rights of citizens under the Sec- on Commerce, for a period to be subse- PUBLIC BILLS AND RESOLUTIONS ond Amendment to the Constitution of the quently determined by the Speaker, in each United States; to the Committee on the Ju- case for consideration of such provisions as Under clause 2 of rule XIII, reports of diciary, and in addition to the Committee on fall within the jurisdiction of the committee committees were delivered to the Clerk Ways and Means, for a period to be subse- concerned. for printing and reference to the proper quently determined by the Speaker, in each By Mr. SMITH of Michigan (for himself calendar, as follows: case for consideration of such provisions as and Mrs. MORELLA): Mr. STUMP: Committee on Veterans’ Af- fall within the jurisdiction of the committee H.R. 1184. A bill to authorize appropria- fairs. H.R. 70. A bill to amend title 38, United concerned. tions for carrying out the Earthquake Haz- States Code, to enact into law eligibility re- By Mr. PAUL: ards Reduction Act of 1977 for fiscal years quirements for burial in Arlington National H.R. 1179. A bill to restore the second 2000 and 2001, and for other purposes; to the Cemetery, and for other purposes (Rept. 106– amendment rights of all Americans; to the Committee on Science, and in addition to the Committee on Resources, for a period to 70). Referred to the Committee of the Whole Committee on the Judiciary. be subsequently determined by the Speaker, House on the State of the Union. By Mr. LAZIO (for himself, Mr. WAX- MAN, Mr. BLILEY, Mr. DINGELL, Mrs. in each case for consideration of such provi- f JOHNSON of Connecticut, Mr. MATSUI, sions as fall within the jurisdiction of the committee concerned. PUBLIC BILLS AND RESOLUTIONS Mr. BILIRAKIS, Mr. BROWN of Ohio, Mr. RAMSTAD, Mr. CARDIN, Mr. By Mr. DEFAZIO: Under clause 2 of rule XII, public GREENWOOD, Ms. BALDWIN, Mr. CAMP, H.R. 1185. A bill to modify the require- bills and resolutions were introduced Mr. STARK, Mr. PICKERING, Mr. ments for paying Federal timber sale re- and severally referred, as follows: PALLONE, Mr. FOLEY, Mr. LEVIN, Mr. ceipts; to the Committee on Agriculture, and BILBRAY, Mr. TANNER, Mrs. MORELLA, in addition to the Committee on Resources, By Mr. LANTOS (for himself, Mr. GIL- Mr. DOGGETT, Mr. HORN, Mr. MURTHA, for a period to be subsequently determined MAN, Mr. GEJDENSON, Mr. ABER- Mr. UPTON, Mr. STRICKLAND, Mrs. by the Speaker, in each case for consider- CROMBIE, Mr. ACKERMAN, Ms. BERK- KELLY, Mr. HOEFFEL, Mr. BOEHLERT, ation of such provisions as fall within the ju- LEY, Mr. BERMAN, Mr. BLUNT, Mr. Mr. BOUCHER, Mr. KOLBE, Ms. MCCAR- risdiction of the committee concerned. BURTON of Indiana, Mrs. CAPPS, Mr. THY of Missouri, Mr. FRELINGHUYSEN, By Mr. BLUMENAUER (for himself and CARDIN, Mr. CROWLEY, Mr. DEUTSCH, Mr. MARKEY, Mr. BARRETT of Wis- Mr. GILCHREST): Mr. DIAZ-BALART, Mr. DIXON, Mr. H.R. 1186. A bill to direct the Secretary of consin, Mr. GORDON, Mr. RUSH, Mr. DREIER, Mr. ENGEL, Mr. the Army to include primary flood damages WYNN, Mr. MEEHAN, Mr. DELAHUNT, FALEOMAVAEGA, Mr. FOLEY, Mr. avoided as benefits for cost-benefit analyses Mr. BARCIA, Mr. GREEN of Texas, Mr. FORBES, Mr. FRANK of Massachusetts, for Federal nonstructural flood damage re- KLINK, and Mr. JEFFERSON): Mr. FRANKS of New Jersey, Mr. H.R. 1180. A bill to amend the Social Secu- duction projects, and for other purposes; to FROST, Ms. GRANGER, Mr. GREEN of rity Act to expand the availability of health the Committee on Transportation and Infra- Texas, Mr. HASTINGS of Florida, Mr. care coverage for working individuals with structure. HAYWORTH, Mr. HOEFFEL, Mr. disabilities, to establish a Ticket to Work By Mrs. JOHNSON of Connecticut (for HOLDEN, Mr. HORN, Mr. HOYER, Mrs. and Self-Sufficiency Program in the Social herself, Mr. BROWN of Ohio, Mr. KELLY, Ms. KILPATRICK, Mr. LAZIO, Security Administration to provide such in- UPTON, Mrs. THURMAN, Mr. SERRANO, Mr. LEVIN, Mr. LEWIS of California, dividuals with meaningful opportunities to Mr. MCCRERY, Mr. KLECZKA, Ms. Mr. LOBIONDO, Mrs. LOWEY, Mrs. work, and for other purposes; to the Com- DUNN, Mr. COYNE, Mr. ENGLISH, Mr. MALONEY of New York, Mr. MASCARA, mittee on Ways and Means, and in addition MATSUI, Mr. FOLEY, Mr. NEAL of Mas- Mrs. MCCARTHY of New York, Mr. to the Committee on Commerce, for a period sachusetts, Mr. NUSSLE, Mr. TANNER, MCGOVERN, Mr. MCNULTY, Mr. MEE- to be subsequently determined by the Speak- Mr. PORTMAN, Mr. MCNULTY, Mr. HAN, Mrs. MEEK of Florida, Mr. er, in each case for consideration of such pro- TAUZIN, Mr. WAXMAN, Mr. LAZIO, Mr. MENENDEZ, Mr. MOORE, Mrs. visions as fall within the jurisdiction of the TOWNS, Mr. PICKERING, Ms. ESHOO, MORELLA, Mr. NADLER, Mr. PALLONE, committee concerned. Mr. BOUCHER, Ms. DEGETTE, Mr. Mr. PITTS, Mr. PORTER, Mr. RANGEL, By Mr. PAUL: GREEN of Texas, Mr. PALLONE, Mr. Mr. RODRIGUEZ, Ms. ROS-LEHTINEN, H.R. 1181. A bill to lift the trade embargo SAWYER, Mr. STRICKLAND, Ms. PRYCE Mr. SALMON, Mr. SAXTON, Mr. SES- on Cuba, and for other purposes; to the Com- of Ohio, Mr. FROST, Mr. SESSIONS, Mr. SIONS, Mr. SHERMAN, Mr. SHOWS, Mr. mittee on International Relations, and in ad- HALL of Ohio, Ms. SLAUGHTER, Mr. SMITH of New Jersey, Mr. STUMP, Mr. dition to the Committees on Ways and ACKERMAN, Mr. ALLEN, Mr. BAIRD, SWEENEY, Mr. TALENT, Mr. Means, Commerce, and Government Reform, Mr. BAKER, Mr. BALDACCI, Mr. BAR- TANCREDO, Mr. THOMPSON of Mis- for a period to be subsequently determined CIA, Mr. BENTSEN, Ms. BERKLEY, Mr. sissippi, Mr. WAXMAN, Mr. WEINER, by the Speaker, in each case for consider- BISHOP, Mr. BOEHLERT, Mr. BONIOR, Mr. WEXLER, Mr. BRADY of Pennsyl- ation of such provisions as fall within the ju- Mr. BORSKI, Ms. BROWN of Florida, vania, Mr. BENTSEN, Mr. BRYANT, Mr. risdiction of the committee concerned. Mr. BROWN of California, Mr. CANADY HINCHEY, and Mr. ROTHMAN): By Mr. STUMP (for himself, Mr. of Florida, Mr. CLAY, Ms. DANNER, H.R. 1175. A bill to locate and secure the SPENCE, Mr. SMITH of New Jersey, Mr. DEFAZIO, Mr. DELAHUNT, Ms. return of Zachary Baumel, an American cit- Mr. QUINN, Mr. EVERETT, Mr. DELAURO, Mr. EHLERS, Mr. FARR of izen, and other Israeli soldiers missing in ac- HAYWORTH, Mrs. CHENOWETH, Mr. California, Mr. FILNER, Mr. FRANK of tion; to the Committee on International Re- LAHOOD, Mr. HANSEN, Mr. MCKEON, Massachusetts, Mr. GEJDENSON, Mr. lations. Mr. GIBBONS, Mr. TALENT, and Mr. GIBBONS, Mr. GILLMOR, Mr. GON- By Mr. WELLER (for himself, Mr. BILIRAKIS): ZALEZ, Mr. GRAHAM, Mr. GUTIERREZ, BENTSEN, and Mr. NEY): H.R. 1182. A bill to amend title 38, United Mr. HILLEARY, Mr. HILLIARD, Mr. HIN- H.R. 1176. A bill to amend the Internal Rev- States Code, to expand and improve the CHEY, Mr. HOEFFEL, Mr. ISTOOK, Mr. enue Code of 1986 to require pension plans to Montgomery GI Bill by creating an enhanced JENKINS, Ms. EDDIE BERNICE JOHNSON provide adequate notice to individuals whose educational assistance program for enlist- of Texas, Ms. KAPTUR, Mrs. KELLY, future benefit accruals are being signifi- ments or reenlistments of four years active Mr. KENNEDY of Rhode Island, Mr. cantly reduced, and for other purposes; to duty service, and by eliminating the reduc- KIND, Mr. KING, Mr. KUCINICH, Mr. the Committee on Ways and Means, and in tion in pay for basic educational benefits; to LAFALCE, Mr. LAMPSON, Mr. LARSON, addition to the Committee on Education and the Committee on Veterans’ Affairs, and in Mr. LEACH, Mr. LUCAS of Oklahoma, the Workforce, for a period to be subse- addition to the Committee on Armed Serv- Mr. LUCAS of Kentucky, Mrs. quently determined by the Speaker, in each ices, for a period to be subsequently deter- MALONEY of New York, Mr. MALONEY case for consideration of such provisions as mined by the Speaker, in each case for con- of Connecticut, Mr. MASCARA, Mrs. fall within the jurisdiction of the committee sideration of such provisions as fall within MCCARTHY of New York, Mr. MCGOV- concerned. the jurisdiction of the committee concerned. ERN, Mr. GEORGE MILLER of Cali- By Mr. CHABOT (for himself, Mr. By Mr. SENSENBRENNER (for him- fornia, Mrs. MORELLA, Mr. NADLER, RILEY, Mr. PAUL, Mr. COBURN, Mr. self, Mr. BROWN of California, Mrs. Mr. NEY, Mr. OBERSTAR, Mr. OLVER, FRANK of Massachusetts, and Mr. MORELLA, Mr. GREEN of Wisconsin, Mr. ORTIZ, Mr. PAUL, Mr. PAYNE, Mr. BURTON of Indiana): Mr. COOK, Mrs. BIGGERT, and Mr. PETERSON of Pennsylvania, Mr. POM- H.R. 1177. A bill to amend the Internal Rev- KUYKENDALL): EROY, Mr. PRICE of North Carolina, enue Code of 1986 to allow health insurance H.R. 1183. A bill to amend the Fastener Ms. RIVERS, Mr. RODRIGUEZ, Ms. ROY- premiums to be fully deductible, whether or Quality Act to strengthen the protection BAL-ALLARD, Mr. SABO, Mr. SANDERS, not a taxpayer itemizes deductions; to the against the sale of mismarked, misrepre- Mr. SANDLIN, Mr. SCHAFFER, Mr. Committee on Ways and Means. sented, and counterfeit fasteners and elimi- SHAYS, Mr. SHOWS, Mr. SIMPSON, Ms. By Mr. COBURN: nate unnecessary requirements, and for STABENOW, Mrs. TAUSCHER, Mr. TAY- H.R. 1178. A bill to amend section 922 of other purposes; to the Committee on LOR of North Carolina, Mr. THUNE, chapter 44 of title 18, United States Code, to Science, and in addition to the Committee Mr. VENTO, Mr. WALSH, Mr. WAMP, H1472 CONGRESSIONAL RECORD — HOUSE March 18, 1999

Mr. WATKINS, Mr. WATT of North LEWIS of Georgia, Mr. YOUNG of Alas- By Mr. REGULA: Carolina, Mr. WEYGAND, Mr. WISE, ka, Mr. PASTOR, Mr. DIXON, Mrs. H.R. 1201. A bill to provide for a private and Mr. CAMP): JOHNSON of Connecticut, Mr. right of action in the case of injury from the H.R. 1187. A bill to amend title XVIII of the FALEOMAVAEGA, Mr. POMEROY, Ms. importation of certain dumped and sub- Social Security Act to provide for coverage ROS-LEHTINEN, Mr. ENGLISH, Mr. sidized merchandise; to the Committee on under part B of the Medicare Program of FARR of California, Mr. STRICKLAND, Ways and Means, and in addition to the Com- medical nutrition therapy services furnished Mr. PAYNE, Mr. DOYLE, Ms. mittee on the Judiciary, for a period to be by registered dietitions and nutrition profes- SCHAKOWSKY, Mr. WEXLER, Mr. ROTH- subsequently determined by the Speaker, in sionals; to the Committee on Commerce, and MAN, Ms. SLAUGHTER, Mrs. CAPPS, each case for consideration of such provi- in addition to the Committee on Ways and and Mr. FOLEY): sions as fall within the jurisdiction of the Means, for a period to be subsequently deter- H.R. 1193. A bill to establish programs re- committee concerned. mined by the Speaker, in each case for con- garding early detection, diagnosis, and inter- By Mr. BROWN of California (for him- sideration of such provisions as fall within ventions for newborns and infants with hear- self, Mr. GOSS, Mr. BLAGOJEVICH, Ms. the jurisdiction of the committee concerned. ing loss; to the Committee on Commerce. PELOSI, Mr. CAMPBELL, Mr. FARR of By Mr. ACKERMAN (for himself, Ms. By Mr. LEWIS of Kentucky (for him- California, Mr. SHERMAN, Mr. GEORGE BROWN of Florida, Mrs. CLAYTON, Mr. self, Mr. NUSSLE, Ms. PRYCE of Ohio, MILLER of California, Mr. NEAL of COSTELLO, Mr. CROWLEY, Mr. GREEN Mr. TERRY, Mrs. MINK of Hawaii, Mr. Massachusetts, Mr. BERMAN, Mrs. of Texas, Mr. HINCHEY, Ms. JACKSON- SHOWS, Mr. HAYWORTH, Mr. BEREU- MORELLA, Mr. HALL of Ohio, Ms. LEE of Texas, Mr. LANTOS, Ms. NOR- TER, Mr. BOUCHER, Mrs. MYRICK, Mr. HOOLEY of Oregon, Mr. FRANK of Mas- TON, Mr. PAUL, Ms. ROS-LEHTINEN, RAMSTAD, Mr. BURTON of Indiana, Mr. sachusetts, Mr. LANTOS, Ms. Mr. SANDLIN, Mr. TOWNS, Mr. TRAFI- MCCRERY, Mr. HEFLEY, Mr. MAR- SCHAKOWSKY, Mr. WYNN, Mr. MORAN CANT, and Mr. WEINER): TINEZ, Mr. SCHAFFER, Mr. PAYNE, Mr. of Virginia, Mr. SMITH of New Jersey, H.R. 1188. A bill to amend the Internal Rev- DELAY, Mrs. NORTHUP, Mrs. CAPPS, Mr. FILNER, Mr. LEACH, Mr. DEUTSCH, enue Code of 1986 to allow a deduction for the Mr. MCINNIS, and Mr. BLILEY): Mr. PORTER, Mr. WEXLER, Mr. WAX- payment of tuition and related expenses for H.R. 1194. A bill to amend the Internal Rev- MAN, Ms. KILPATRICK, Mr. GEJDENSON, postsecondary education; to the Committee enue Code of 1986 to provide that the exclu- Mr. STARK, Mr. DEFAZIO, Mr. on Ways and Means. sion from gross income for foster care pay- PASCRELL, Mr. DIXON, Mr. BENTSEN, By Mr. COBLE (for himself and Mr. ments shall also apply to payments by quali- Mrs. MALONEY of New York, Mr. BERMAN): fied placement agencies, and for other pur- BLUMENAUER, Mr. DELAHUNT, Mr. H.R. 1189. A bill to make technical correc- poses; to the Committee on Ways and Means. SHAYS, Mr. MARKEY, Mr. TIERNEY, tions in title 17, United States Code, and By Mr. MCCRERY (for himself, Mr. Mr. CASTLE, Mr. LAZIO, Mr. BEREU- other laws; to the Committee on the Judici- TANNER, Mr. FOLEY, Mr. FARR of TER, Ms. RIVERS, Mr. BARRETT of Wis- ary. California, Mr. ABERCROMBIE, Mr. consin, Mr. BONIOR, Ms. WOOLSEY, By Mr. GREENWOOD (for himself, Mr. TALENT, Mr. RAMSTAD, and Ms. Mr. FRANKS of New Jersey, Mr. KLINK, Mr. UPTON, Mr. DINGELL, Mr. DUNN): OLVER, Mr. PALLONE, Mr. MCGOVERN, GILLMOR, Mr. STUPAK, Mr. PETERSON H.R. 1195. A bill to amend the Internal Rev- and Mr. GILMAN): of Pennsylvania, Mr. SAWYER, Mr. enue Code of 1986 to increase the deduction H.R. 1202. A bill to amend title 18, United SHERWOOD, Mr. BARRETT of Wis- for meal and entertainment expenses of States Code, to prohibit interstate-con- consin, Mr. BUYER, Mr. BROWN of small businesses; to the Committee on Ways nected conduct relating to exotic animals; to Ohio, Mr. WOLF, Mr. VISCLOSKY, Mr. and Means. the Committee on the Judiciary. BONIOR, Mr. GILCHREST, Mr. MINGE, By Mr. GEORGE MILLER of California By Mr. SAXTON: Mr. SOUDER, Mr. BARCIA, Mr. GOOD- (for himself, Mrs. JOHNSON of Con- H.R. 1203. A bill to encourage the Inter- LING, Mr. PICKETT, Mr. KANJORSKI, necticut, Mr. MATSUI, and Mr. national Monetary Fund to fully implement Mr. HOLDEN, Mr. HOEFFEL, Mr. ENGLISH): transparency and efficiency policies; to the DOYLE, Mr. TRAFICANT, Mr. KILDEE, H.R. 1196. A bill to amend the Internal Rev- Committee on Banking and Financial Serv- Mr. KLECZKA, Mr. LEACH, Mr. BURTON enue Code of 1986 to repeal the 60-month lim- ices. of Indiana, Mr. RUSH, Mr. TAYLOR of itation on the amount of education loan in- By Mr. STENHOLM (for himself and Mississippi, Mr. BORSKI, Ms. RIVERS, terest which is allowable as a deduction; to Mr. WATKINS): Mr. MASCARA, Mr. COYNE, Mr. PAS- the Committee on Ways and Means. H.R. 1204. A bill to amend the Internal Rev- TOR, Mr. STRICKLAND, Mr. LEVIN, Mr. By Ms. NORTON: enue Code of 1986 to impose a tax on the im- HOSTETTLER, Ms. STABENOW, Mr. H.R. 1197. A bill to amend the District of portation of crude oil and petroleum prod- PEASE, Mr. WELDON of Pennsylvania, Columbia Home Rule Act to provide the Dis- ucts; to the Committee on Ways and Means. Ms. BALDWIN, Mr. GREEN of Texas, trict of Columbia with autonomy over its By Mr. STUPAK (for himself, Mr. Mr. PITTS, Mr. KUCINICH, Ms. KIL- budgets; to the Committee on Government BROWN of Ohio, Mr. QUINN, Mr. BAR- PATRICK, and Mr. MARKEY): Reform. H.R. 1190. A bill to impose certain limita- H.R. 1198. A bill to amend the District of RETT of Wisconsin, Mr. KUCINICH, tions on the receipt of out-of-State munic- Columbia Home Rule Act to eliminate Con- Mrs. THURMAN, Mr. BONIOR, Ms. KIL- ipal solid waste, to authorize State and local gressional review of newly-passed District PATRICK, Ms. STABENOW, Ms. RIVERS, controls over the flow of municipal solid laws; to the Committee on Government Re- Mr. MARKEY, Mr. HOLDEN, Mr. LU- waste, and for other purposes; to the Com- form, and in addition to the Committee on THER, and Mr. KIND): mittee on Commerce. Rules, for a period to be subsequently deter- H.R. 1205. A bill to prohibit oil and gas By Mr. DAVIS of Illinois: mined by the Speaker, in each case for con- drilling in the Great Lakes; to the Com- H.R. 1191. A bill to designate certain facili- sideration of such provisions as fall within mittee on Resources. ties of the United States Postal Service in the jurisdiction of the committee concerned. By Mr. TERRY (for himself and Mr. Chicago, Illinois; to the Committee on Gov- By Mr. POMBO: LUCAS of Oklahoma): ernment Reform. H.R. 1199. A bill to prohibit the expendi- H.R. 1206. A bill to transfer the impact aid By Mr. HEFLEY (for himself, Mr. TAY- ture of funds from the Land and Water Con- program to the Department of the Treasury LOR of North Carolina, Mr. SKEEN, servation Fund for the creation of new Na- and to provide for the procurement of serv- Mr. NORWOOD, Mr. BONILLA, Mr. tional Wildlife Refuges without specific au- ices by nongovernmental personnel for the PAUL, Mr. CANADY of Florida, Mr. thorization from Congress pursuant to a rec- performance of the functions of the impact ISTOOK, Mr. SCHAFFER, Mr. GRAHAM, ommendation from the United States Fish aid program; to the Committee on Education Mr. SAM JOHNSON of Texas, Mr. HAN- and Wildlife Service to create the refuge; to and the Workforce. SEN, and Mr. NETHERCUTT): the Committee on Resources. By Mr. VENTO (for himself, Mr. RA- H.R. 1192. A bill to amend the Occupational By Mr. MCDERMOTT (for himself, Mr. HALL, Mr. HINCHEY, Mr. FARR of Cali- Safety and Health Act of 1970; to the Com- CONYERS, Mr. SANDERS, Mr. NADLER, fornia, and Mr. GEORGE MILLER of mittee on Education and the Workforce. Mr. HINCHEY, Mr. SERRANO, Mr. California): By Mr. WALSH (for himself, Mr. BILI- FATTAH, Mr. OLVER, and Mr. COYNE): H.R. 1207. A bill to prohibit the United RAKIS, Mr. WAXMAN, Mr. DEAL of H.R. 1200. A bill to provide for health care States Government from entering into cer- Georgia, Mr. COBURN, Mr. UPTON, Mr. for every American and to control the cost tain agreements or arrangements related to ACKERMAN, Ms. KILPATRICK, Mrs. and enhance the quality of the health care public lands without the express prior ap- KELLY, Mr. SHOWS, Mrs. MORELLA, system; to the Committee on Commerce, and proval of Congress; to the Committee on Re- Mr. MCHUGH, Mr. DUNCAN, Mr. SHER- in addition to the Committees on Ways and sources. MAN, Mr. MCNULTY, Mr. FROST, Mrs. Means, Government Reform, and Armed H.R. 1208. A bill to amend title 31, United MALONEY of New York, Mr. BALDACCI, Services, for a period to be subsequently de- States Code, to require the provision of a Mr. BERMAN, Mr. WEYGAND, Mr. termined by the Speaker, in each case for written prompt payment policy to each sub- QUINN, Mr. FRELINGHUYSEN, Mr. consideration of such provisions as fall with- contractor under a Federal contract and to KLECZKA, Mr. OLVER, Mr. FOSSELLA, in the jurisdiction of the committee con- require a clause in each subcontract under a Ms. DELAURO, Mr. GEJDENSON, Mr. cerned. Federal contract that outlines the provisions March 18, 1999 CONGRESSIONAL RECORD — HOUSE H1473

of the prompt payment statute and other re- Mr. NORWOOD, Mr. UPTON, Mr. PICK- By Mr. DAVIS of Illinois (for himself, lated information; to the Committee on Gov- ERING, Mr. GREENWOOD, Mrs. Mr. MEEKS of New York, Mr. GEP- ernment Reform. MALONEY of New York, Mrs. KELLY, HARDT, Mr. PAYNE, Mr. FATTAH, Mrs. H.R. 1209. A bill to amend the Small Busi- Ms. GRANGER, Ms. KILPATRICK, Mr. CLAYTON, Ms. KILPATRICK, Mr. HILL- ness Act to provide a penalty for the failure FILNER, Mrs. MINK of Hawaii, Ms. IARD, Mr. OWENS, Ms. JACKSON-LEE of by a Federal contractor to subcontract with JACKSON-LEE of Texas, Mr. GUTIER- Texas, Mr. HASTINGS of Washington, small businesses as described in its subcon- REZ, Mr. FROST, Mr. SHERMAN, Mr. Mr. FORD, Mr. CLAY, Ms. EDDIE BER- tracting plan, and for other purposes; to the SMITH of Washington, Mr. MEEHAN, NICE JOHNSON of Texas, Mr. JEFFER- Committee on Small Business. Mr. SANDERS, Mr. SPRATT, Mr. HORN, SON, Ms. CARSON, Mr. JACKSON of Illi- H.R. 1210. A bill to provide for continued Ms. DELAURO, Mr. CLEMENT, Mr. nois, Mr. CLYBURN, Ms. WATERS, Mr. compensation for Federal employees when ABERCROMBIE, Ms. PELOSI, Ms. LEE, CONYERS, Mrs. MEEK of Florida, Ms. funds are not otherwise available due to a Mr. BALDACCI, Ms. STABENOW, Mrs. BROWN of Florida, Mr. THOMPSON of lapse in appropriations; to the Committee on CHRISTENSEN, Mr. CRAMER, Mr. Mississippi, Mr. CUMMINGS, Mr. HIN- Government Reform, and in addition to the SHOWS, Mr. JEFFERSON, Mr. BENTSEN, CHEY, Ms. NORTON, Ms. LEE, Ms. Committee on Appropriations, for a period to Mrs. MORELLA, Mr. GEORGE MILLER of MCKINNEY, Mr. WYNN, Mrs. be subsequently determined by the Speaker, California, Mr. KUYKENDALL, Mr. CHRISTENSEN, Ms. MILLENDER-MCDON- in each case for consideration of such provi- FOLEY, Mr. HINCHEY, Mr. BORSKI, Mr. ALD, Mr. GEORGE MILLER of Cali- sions as fall within the jurisdiction of the LAMPSON, Mr. NEAL of Massachu- fornia, Mr. TOWNS, Mr. MCDERMOTT, committee concerned. setts, Mr. SMITH of New Jersey, Mr. Mr. DIXON, Mr. WATT of North Caro- By Mr. DINGELL (for himself, Mr. BOSWELL, Mr. SERRANO, Mr. CROW- lina, Mr. BONIOR, Mr. LEWIS of Geor- GEPHARDT, Mr. DELAY, Mr. BONIOR, LEY, Mr. WELDON of Florida, Mr. gia, Mrs. MINK of Hawaii, Mr. SCOTT, Mr. HYDE, Mr. FROST, Mr. COSTELLO, WEYGAND, Mr. WATKINS, Mr. RILEY, Ms. DEGETTE, Mr. RUSH, Mr. WAX- Mr. EVANS, Mr. SHOWS, Mr. MOORE, Mr. ROMERO-BARCELO, Mr. CONDIT, MAN, and Mr. RANGEL): Mr. HILL of Indiana, Mr. MALONEY of Ms. RIVERS, Mr. MCNULTY, Mr. H. Res. 124. A resolution condemning acts Connecticut, Mr. JENKINS, Mr. RO- TRAFICANT, Mr. SPENCE, Ms. CARSON, of police brutality and use of excessive force MERO-BARCELO, Mr. MCKEON, Mr. Mr. RYUN of Kansas, Ms. NORTON, throughout the country; to the Committee FRANK of Massachusetts, Mr. BER- Mrs. NAPOLITANO, Mr. RODRIGUEZ, on the Judiciary. MAN, Mr. ENGEL, Mr. ENGLISH, Mr. Mr. MCHUGH, Mr. NEY, Mr. YOUNG of f TALENT, Mr. MCCRERY, Mr. FILNER, Alaska, Mr. NADLER, Mr. BACHUS, Ms. Mr. KILDEE, Mr. SPRATT, Mr. BAIRD, LOFGREN, Mrs. MYRICK, Mrs. LOWEY, ADDITIONAL SPONSORS Mr. BROWN of Ohio, Mr. TRAFICANT, Mrs. CLAYTON, Mr. DAVIS of Illinois, Mr. BOUCHER, Mr. BLAGOJEVICH, Ms. Mr. LARGENT, Mrs. MEEK of Florida, Under clause 7 of rule XII, sponsors EDDIE BERNICE JOHNSON of Texas, Mr. Ms. WOOLSEY, Mrs. MCCARTHY of New were added to public bills and resolu- JOHN, Ms. KILPATRICK, Mr. FARR of York, Mr. LANTOS, Mrs. ROUKEMA, tions as follows: California, Mr. CROWLEY, Ms. Mr. MATSUI, Mr. THOMPSON of Cali- H.R. 8: Mr. CANADY of Florida, Mr. POMBO, LOFGREN, Mr. DICKEY, Mr. FOSSELLA, fornia, Ms. ROS-LEHTINEN, Ms. ROY- Mr. ROGERS, Mr. WELDON of Florida, Mr. Mr. BATEMAN, Mr. BUYER, Mr. RA- BAL-ALLARD, Mr. FORD, Mr. BAIRD, Mr. ANDREWS, Mr. ISAKSON, Mr. HALL, Mr. COYNE, Mr. BALDACCI, Mr. FALEOMAVAEGA, Mrs. BIGGERT, Mr. GRAHAM, Mr. RYUN of Kansas, Mr. MORAN of GREEN of Texas, Mrs. CAPPS, Mr. NEY, BONIOR, Mr. SANDLIN, Mr. CUMMINGS, Kansas, and Mrs. FOWLER. Mr. CLYBURN, and Mr. LUTHER): Mr. CALVERT, Mr. FRANK of Massa- H. Con. Res. 60. Concurrent resolution ex- H.R. 14: Mr. MCKEON, Mrs. EMERSON, Mr. chusetts, Mr. SHADEGG, and Mr. pressing the sense of the Congress that a se- TERRY, Mr. PACKARD, Mr. SHAYS, and Mr. BOEHLERT): TANCREDO. ries of commemorative postage stamps H. Con. Res. 64. Concurrent resolution rec- should be issued honoring veterans service H.R. 25: Mr. LAFALCE, Mr. GILMAN, Mrs. ognizing the severity of the issue of cervical MALONEY of New York, Mr. MEEHAN, and Mr. organizations across the United States; to health, and for other purposes; to the Com- MARTINEZ. the Committee on Government Reform. mittee on Commerce. H.R. 53: Mr. GREEN of Texas. By Mr. CAMPBELL: By Mr. RODRIGUEZ (for himself and H. Con. Res. 61. Concurrent resolution ex- H.R. 70: Mr. GALLEGLY and Mr. SIMPSON. Mr. ORTIZ): H.R. 72: Mr. HANSEN. pressing the sense of the Congress that all H. Con. Res. 65. Concurrent resolution en- H.R. 82: Mr. RAHALL, Mr. GOODE, and Mr. Chinese people, including the people of Tai- couraging the people of the United States to BONIOR. wan, deserve to be represented in inter- reflect upon and celebrate Tejano music and H.R. 116: Mr. GORDON and Mr. WATT of national institutions; to the Committee on other forms of Latin music, and for other North Carolina. International Relations. purposes; to the Committee on Education H.R. 142: Mr. SOUDER, Mr. CANADY of Flor- By Mrs. CUBIN: and the Workforce. ida, Mr. RYAN of Wisconsin, and Mr. SHAD- H. Con. Res. 62. Concurrent resolution ex- By Mr. WELDON of Florida (for him- EGG. pressing the sense of Congress regarding the self, Mr. ADERHOLT, Mr. BARRETT of H.R. 166: Mr. KNOLLENBERG. guaranteed coverage of chiropractic services Nebraska, Mr. BOYD, Mr. LAMPSON, H.R. 170: Mr. GEJDENSON, Mr. BOUCHER, Mr. under the MedicareChoice program; to the Mr. KUCINICH, Mr. TALENT, and Mr. KING, Mr. BLILEY, Mr. EHRLICH, Ms. EDDIE Committee on Commerce, and in addition to WEXLER): the Committee on Ways and Means, for a pe- H. Con. Res. 66. Concurrent resolution ex- BERNICE JOHNSON of Texas, Mr. ROTHMAN, riod to be subsequently determined by the pressing a declaration of space leadership; to Mr. FORD, Mr. SCARBOROUGH, Mr. BRYANT, Speaker, in each case for consideration of the Committee on Science, and in addition Mr. HOLT, and Ms. BERKLEY. such provisions as fall within the jurisdic- to the Committee on Armed Services, for a H.R. 175: Mr. WICKER, Mr. HILLEARY, Mr. tion of the committee concerned. period to be subsequently determined by the EVERETT, Mrs. KELLY, Mr. QUINN, Mr. CAL- By Mr. HASTINGS of Washington (for Speaker, in each case for consideration of VERT, Mr. BLUMENAUER, Mr. FORD, Mr. himself, Mr. NETHERCUTT, Mr. WAL- such provisions as fall within the jurisdic- BONILLA, Mr. JONES of North Carolina, Mr. DEN of Oregon, Mrs. CHENOWETH, Mr. tion of the committee concerned. HINCHEY, Mr. HINOJOSA, Ms. STABENOW, Mr. SIMPSON, Mr. YOUNG of Alaska, Mr. By Mr. TURNER (for himself, Mr. SISISKY, Mr. LEWIS of Kentucky, Mr. PICK- HANSEN, Mr. POMBO, Mr. RADANOVICH, STENHOLM, Mr. BAIRD, Mr. BERRY, ETT, Mr. WATT of North Carolina, Mr. Mr. SKEEN, and Mr. DOOLITTLE): Mr. SHOWS, Mr. BOYD, Mr. THOMPSON DICKEY, Mr. LUCAS of Kentucky, Mr. LUTHER, H. Con. Res. 63. Concurrent resolution ex- of California, Mr. TANNER, Mrs. Mr. GARY MILLER of California, Mrs. pressing the sense of the Congress opposing MALONEY of New York, Mrs. MALONEY of New York, Mr. MALONEY of Con- removal of dams on the Columbia and Snake TAUSCHER, Mr. HOLDEN, Ms. DANNER, necticut, Ms. WOOLSEY, and Ms. BERKLEY. Rivers for fishery restoration purposes; to Mr. MOORE, Mr. LEVIN, Mr. UDALL of H.R. 179: Ms. BERKLEY. the Committee on Resources, and in addition New Mexico, Mr. UDALL of Colorado, H.R. 198: Mrs. NORTHRUP and Mr. MCKEON. to the Committee on Transportation and In- Mr. WU, and Ms. BERKLEY): H.R. 218: Mr. POMBO and Mr. COBLE. frastructure, for a period to be subsequently H. Res. 122. A resolution providing for con- H.R. 228: Mr. WISE. determined by the Speaker, in each case for sideration of the bill (H.R. 417) to amend the H.R. 275: Mr. WOLF. consideration of such provisions as fall with- Federal Election Campaign Act of 1971 to re- H.R. 289: Mrs. ROS-LEHTINEN. in the jurisdiction of the committee con- form the financing of campaigns for elec- H.R. 315: Ms. BROWN of Florida. cerned. tions for Federal office, and for other pur- H.R. 351: Mr. TERRY, Mr. BOEHLERT, Mr. By Ms. MILLENDER-MCDONALD (for poses; to the Committee on Rules. REYNOLDS, Mr. CALLAHAN, and Mr. GREEN of herself, Mr. LAZIO, Mr. COBURN, Mr. By Mr. CALLAHAN: Texas. BLILEY, Mr. BILIRAKIS, Mr. DINGELL, H. Res. 123. A resolution recognizing and H.R. 355: Mrs. NAPOLITANO, Mr. HYDE, Mr. Mr. BROWN of Ohio, Mr. BARRETT of honoring the crewmembers of the U.S.S. GALLEGLY, Ms. BROWN of Florida, and Mr. Wisconsin, Mr. GREEN of Texas, Mrs. ALABAMA (BB–60) and the U.S.S. ALA- DIAZ-BALART. CAPPS, Mr. WYNN, Mr. PALLONE, Mr. BAMA Crewmen’s Association; to the Com- H.R. 357: Mr. KLECZKA, Mr. MARTINEZ and WAXMAN, Ms. DEGETTE, Ms. ESHOO, mittee on Armed Services. Ms. BERKLEY. H1474 CONGRESSIONAL RECORD — HOUSE March 18, 1999

H.R. 390: Mr. ACKERMAN, Mr. RANGEL, Mr. H.R. 809: Ms. GRANGER, Mr. UNDERWOOD, H.R. 1091: Mr. THOMAS, Mr. CRANE, Mr. DEUTSCH, Mr. PALLONE, Mr. MALONEY of Con- Ms. NORTON, and Mr. FROST. MCCRERY, Mr. ENGLISH, Mr. HAYWORTH, Mr. necticut, and Mr. VENTO. H.R. 833: Mr. BARR of Georgia, Ms. EDDIE SHOWS, and Mr. POMBO. H.R. 405: Mr. PHELPS and Mr. RUSH. BERNICE JOHNSON of Texas, Mr. KLECZKA, H.R. 1092: Mr. BROWN of California, Mr. H.R. 412: Mr. ROGERS. Mrs. NORTHUP, and Mr. PASTOR. GARY MILLER of California, Mr. FARR of Cali- H.R. 417: Mr. SANDERS, Ms. BERKLEY, and H.R. 835: Mr. POMBO, Mr. MOORE, Ms. fornia, Mr. GALLEGLY, Mrs. THURMAN, Mr. Mr. CAMPBELL. SANCHEZ, Mr. HOEFFEL, and Mr. GILLMOR. MCKEON, and Mr. GONZALEZ. H.R. 430: Ms. LOFGREN, Mr. REYES, and Mr. H.R. 838: Mr. KIND, Mr. PAUL, Mr. H.R. 1093: Mrs. KELLY, Mr. SCOTT, Mr. EWING. WEYGAND, Mr. THORNBERRY, Mr. UNDERWOOD, MENENDEZ, Mr. LEVIN, Mr. HINCHEY, Mrs. H.R. 483: Ms. BERKLEY. Mr. DOOLEY of California, Mr. SNYDER, Ms. MALONEY of New York, Ms. PELOSI, Mr. H.R. 531: Mr. OBERSTAR, Mr. LEWIS of Ken- VELA´ ZQUEZ, Mr. BLAGOJEVICH, Mr. GREEN of DIXON, Mr. MATSUI, Mr. CUMMINGS, Ms. tucky, Mr. DEMINT, Mr. TAYLOR of North Texas, and Mr. FORD. BALDWIN, Mr. MEEHAN, Mr. JEFFERSON, Mr. Carolina, and Mr. FOLEY. H.R. 842: Mr. RADANOVICH and Mr. HAYES. INSLEE, Mr. HASTINGS of Florida, Mr. TERRY, H.R. 541: Mr. KLECZKA, Ms. BERKLEY, and H.R. 845: Mr. BONIOR, Mr. SANDERS, Mr. Mr. MCHUGH, Mr. BILBRAY, Mr. MINGE, Mr. Mr. CAPUANO. GREEN of Texas, and Mr. SANDLIN. H.R. 852: Mr. LEWIS of Kentucky, Mr. MCNULTY, Mr. LUCAS of Kentucky, Mr. WISE, H.R. 555: Mr. FROST, Mr. MCDERMOTT, Ms. HOSTETTLER, Mr. ADERHOLT, Mr. HINCHEY, Mr. BENTSEN, Mr. ANDREWS, Mr. RODRIGUEZ, EDDIE BERNICE JOHNSON of Texas, Mrs. JONES Mr. ENGLISH, Mr. WYNN, Mr. HASTINGS of Ms. MCKINNEY, Mr. WHITFIELD, Mr. BISHOP, of Ohio, and Mr. BARRETT of Wisconsin. Mr. HOLT, Mr. HUNTER, Ms. HOOLEY of Or- H.R. 557: Mr. HUTCHINSON. Washington, Mr. EWING, Mr. BEREUTER, Mr. egon, Mr. LEWIS of Kentucky, Mr. LEACH, Mr. H.R. 568: Mr. EVANS. QUINN, Mr. BROWN of California, and Mr. PHELPS, and Mr. SMITH of Washington. H.R. 570: Mr. HOSTETTLER and Mr. PAUL. CHAMBLISS. ATT H.R. 571: Mr. PICKERING. H.R. 860: Mr. W of North Carolina. H.R. 1096: Mrs. CAPPS and Mr. MALONEY of H.R. 864: Mr. KENNEDY of Rhode Island, Mr. H.R. 573: Ms. BERKLEY, Mrs. ROUKEMA, Mrs. Connecticut. HILLEARY, Mr. ROTHMAN, Mr. SKEEN, Mr. NAPOLITANO, Mrs. CAPPS, Mr. UDALL of Colo- H.R. 1102: Mr. FROST. EVERETT, Mr. HINCHEY, Mr. MCKEON, Mr. rado, Mr. UDALL of New Mexico, Mr. TURNER, H.R. 1106: Mr. BISHOP. BISHOP, Mr. BONIOR, Mr. SABO, Mr. POMEROY, Mr. CARDIN, Mr. THOMPSON of California, Mr. H.R. 1111: Mr. BLUNT, Mr. LAHOOD, Mr. GIL- Ms. DEGETTE, Mr. JONES of North Carolina HALL of Texas, Mr. TANNER, Mrs. WILSON, MAN, Mr. HOBSON, Mrs. BIGGERT, and Mr. Mr. LEWIS of Kentucky, Mr. SISISKY, Mr. Mr. FRANKS of New Jersey, Mr. BERMAN, Mr. SESSIONS. MOAKLEY, and Mr. HINOJOSA. SESSIONS, Mr. BLUNT, Ms. VELAZQUEZ, Ms. H.R. 870: Mr. TANCREDO, Mr. SHOWS, Mr. H.R. 1116: Mr. YOUNG of Alaska, Mr. BAR- PRYCE of Ohio, Ms. ROS-LEHTINEN, Mr. WAT- CALLAHAN, and Mr. PAUL. CIA, Mr. MCCRERY, Ms. GRANGER, Mr. HILL of KINS, Mr. ARCHER, Mr. ORTIZ, Mr. LAZIO, Mr. H.R. 876: Mr. TERRY, Mr. TIAHRT, and Mr. Montana, Mr. PETERSON of Pennsylvania and HOLT, and Mr. METCALF. PAUL. Mr. SHOWS. H.R. 582: Mrs. MINK of Hawaii. H.R. 883: Mr. HAYES, Mr. DREIER, Mr. SHER- H.R. 1130: Mr. BRADY of Pennsylvania H.R. 583: Mr. BRYANT and Mrs. MORELLA. WOOD, Mrs. NORTHUP, Mr. UPTON, Mr. BUYER, H.R. 1139: Mr. DAVIS of Illinois, Mr. FRANK H.R. 597: Mr. HOEFFEL, Mr. BECERRA, Mr. and Mr. BATEMAN. of Massachusetts, Mrs. JONES of Ohio, Mr. BILIRAKIS, and Ms. BERKLEY. H.R. 886: Mr. WATT of North Carolina. KIND, Mr. MARTINEZ, Mr. PASTOR, Mr. REYES, H.R. 601: Mr. GALLEGLY and Mr. DIAZ- H.R. 888: Mr. QUINN, Mr. FRANKS of New Mr. SABO, Mr. SNYDER, Mr. STARK, Mr. BALART. Jersey, Mr. INSLEE, Mr. OBERSTAR, Mr. TOWNS, and Ms. WATERS. H.R. 608: Mr. SWEENEY. MCGOVERN, and Mr. VENTO. H.R. 1159: Mr. GREEN of Texas. H.R. 614: Mr. PHELPS and Mr. PETERSON of H.R. 948: Mr. BLUNT. Minnesota. H.R. 950: Mr. BONIOR and Ms. RIVERS. H.R. 1168: Mr. BROWN of Ohio, Ms. HOOLEY H.R. 621: Mr. BARRETT of Wisconsin and H.R. 961: Ms. DANNER, Mr. GEORGE MILLER of Oregon, Ms. MCCARTHY of Missouri, Mr. Mr. THORNBERRY. of California, Mr. FILNER, Mr. SANDLIN, Mr. COSTELLO, Mr. MALONEY of Connecticut, Mr. H.R. 639: Mr. WELDON of Florida. ROMERO-BARCELO, Mr. MCNULTY, Mr. FROST, BLAGOJEVICH, and Mr. PASTOR. H.R. 640: Mr. FILNER. and Mr. CROWLEY H.J. Res. 25: Mr. TIAHRT, Mr. STUMP, Mr. H.R. 654: Mr. UPTON. H.R. 963: Mr. KILDEE, Mr. JACKSON of Illi- NORWOOD, and Mr. CROWLEY. H.R. 664: Mr. WEINER, Mr. DEFAZIO, Mr. nois, Mr. UNDERWOOD, Mr. NETHERCUTT, Mr. H.J. Res. 33: Mr. SCARBOROUGH, Mr. LU- BROWN of California, Ms. BROWN of Florida, INSLEE, and Mr. KIND. THER, Mr. HILLIARD, Ms. BERKLEY, and Mr. Mr. BRADY of Pennsylvania, Mr. SISISKY, Ms. H.R. 980: Mr. LEWIS of Georgia, Ms. EDDIE ISAKSON. BERNICE JOHNSON of Texas, Mr. COOKSEY, Mr. EDDIE BERNICE JOHNSON of Texas, and Ms. H. Con. Res. 8: Mr. WOLF. BERKLEY. BENTSEN, Mr. BURTON of Indiana, Mr. SAM H. Con. Res. 22: Mr. EHRLICH, Mr. SHERMAN, H.R. 688: Mrs. MYRICK, Mr. EVERETT, Mr. JOHNSON of Texas, Mr. HILLIARD, Ms. KAP- Mr. DOOLITTLE, and Mr. WEXLER. LINDER, Mr. ADERHOLT, and Mr. NETHERCUTT. TUR, Mr. TERRY, Mr. SENSENBRENNER, Mr. H. Con. Res. 31: Mr. MARKEY, Mr. OWENS, H.R. 728: Mr. DEAL of Georgia and Mr. SOUDER, Mr. CROWLEY, Mrs. NAPOLITANO, and and Mr. WEYGAND. SHOWS. Ms. BERKLEY. H.R. 735: Mr. CALVERT. H.R. 1006: Mr. WATKINS. H. Con. Res. 39: Mr. ISTOOK, Mr. BONILLA, H.R. 742: Mr. BROWN of Ohio, Mr. FILNER, H.R. 1008: Mr. BAKER and Mr. ACKERMAN. and Mr. COMBEST. Mr. FRANK of Massachusetts, Mr. FROST, Mr. H.R. 1043: Mr. VENTO. H. Con. Res. 43: Mr. CALVERT. H.R. 1046: Mr. TERRY, Mr. LOBIONDO, Mr. HINCHEY, Mrs. MINK of Hawaii, Mr. TURNER, H. Con. Res. 51: Mr. SNYDER, Mrs. FROST, and Mr. KLECZKA. and Mr. UNDERWOOD. NAPOLITANO, and Mr. LUTHER. H.R. 1050: Ms. WOOLSEY. H.R. 749: Mr. BURTON of Indiana and Mr. H.R. 1053: Ms. KILPATRICK. H. Res. 20: Mr. GARY MILLER of California. COX. H.R. 1070: Mr. WEXLER, Mr. ALLEN, Mr. H. Res. 35: Mr. LOBIONDO, Mr. DAVIS of H.R. 750: Ms. DEGETTE. GREEN of Texas, Mr. CUMMINGS, and Mrs. Florida, Mr. VENTO, Mr. PAYNE, Ms. RIVERS, ETRI RAHAM H.R. 756: Mr. P and Mr. G . THURMAN. Mr. GREEN of Texas, and Ms. JACKSON-LEE of H.R. 771: Mr. HASTINGS of Florida and Mr. H.R. 1074: Mr. TAUZIN, Mr. UPTON, Mr. Texas. GIBBONS. TERRY, and Mr. TALENT. H. Res. 41: Mr. BRYANT, Mr. CROWLEY, and H.R. 773: Mr. DAVIS of Florida, Mr. H.R. 1075: Mr. DEUTSCH, Mr. SANDLIN, and Mr. NEAL of Massachusetts. CUMMINGS, and Mrs. THURMAN. LUMENAUER Mr. B . H. Res. 59: Mr. WISE and Mrs. ROUKEMA. H.R. 777: Mr. CLYBURN. H.R. 1076: Mr. SANDLIN, Mr. GONZALEZ, and H. Res. 60: Mrs. CLAYTON, Mr. DIXON, Mrs. H.R. 785: Mr. LATOURETTE, Mrs. MORELLA, Mr. BLUMENAUER. Mr. FOLEY, Mr. NETHERCUTT, and Mr. SHOWS. H.R. 1082: Mr. PASTOR, Mr. EVANS, Ms. RIV- THURMAN, Mr. JACKSON of Illinois, Mrs. H.R. 789: Mr. KENNEDY of Rhode Island and ERS, and Mr. LAMPSON. JONES of Ohio, and Mr. FROST. Mr. BLILEY. H.R. 1083: Mr. PRICE of North Carolina, Mr. H. Res. 93: Ms. JACKSON-LEE of Texas and H.R. 804: Mrs. KELLY, Mr. BARRETT of Ne- HASTINGS of Washington, and Mr. MALONEY Mr. FALEOMAVAEGA. braska, and Mr. FOLEY. of Connecticut. H. Res. 97: Mr. RUSH and Ms. NORTON. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, THURSDAY, MARCH 18, 1999 No. 43 Senate The Senate met at 9:30 a.m., and was humility. Grant us peace within and amendments are expected, and Sen- called to order by the President pro enable us to be peacemakers among the ators should anticipate rollcall votes tempore [Mr. THURMOND]. nations of this world. We ask this in throughout today’s session. Any Sen- The PRESIDENT pro tempore. To- the name of and by the authority of ators intending to offer amendments to day’s prayer will be offered by our the Prince of Peace. Amen this legislation are encouraged to no- guest chaplain, Dr. Gordon Reed, Sar- f tify the managers so that they can be dinia Presbyterian Church, Sardinia, scheduled for consideration. SC. EMERGENCY SUPPLEMENTAL AP- I thank my colleagues for their at- PROPRIATIONS ACT FOR FISCAL tention. YEAR 1999 PRAYER AMENDMENT NO. 77 Dr. Gordon Reed offered the fol- The PRESIDENT pro tempore. Under Mr. SPECTER. Mr. President, I found lowing prayer: the previous order, the Senate will now on my desk this morning a ‘‘Dear Col- May we pray? resume consideration of S. 544, which league’’ letter entitled, ‘‘Oppose the Almighty God, God of fathers before the clerk will report. Specter-Harkin Amendment That us, it is by Your grace and gracious The legislative clerk read as follows: Seizes $123 Billion in State Funds.’’ hand that we have been given this land A bill (S. 544) making emergency supple- Instead of outlining the provisions of of freedom and plenty. And we humbly mental appropriations and rescissions for re- the Specter-Harkin amendment, I pray that we may prove ourselves to be covery from natural disasters, and foreign would just refer my colleagues to this a people who acknowledge You and assistance, for the fiscal year ending Sep- ‘‘Dear Colleague’’ letter signed by the tember 30, 1999, and for other purposes. Your goodness, and who are eager to do opponents, and tell them that the justly, love mercy, and to walk humbly The Senate resumed consideration of amendment is exactly contrary to with our God. Bless this dear land we the bill. what is in this ‘‘Dear Colleague’’ letter, love with honorable and upright lead- Pending: so that by reading the letter, they can ers in government, industry, education, Specter amendment No. 77, to permit the just conclude the opposite, and they and public life. Secretary of Health and Human Services to will have a statement of what the waive recoupment of Federal government Save us from all of our enemies and medicaid claims to tobacco-related State pending amendment is. foes who would conquer and destroy us. settlements if a State uses a portion of those Before dealing in detail with the Save us from internal strife, discord, funds for programs to reduce the use of to- ‘‘Dear Colleague’’ letter, or this and confusion, from pride and arro- bacco products, to improve the public health, misstatement, permit me to outline in gance, and from moral disintegration. and to assist in the economic diversification very general terms that the pending Teach us to love and respect each of tobacco farming communities. amendment has been offered by the other, who come from such diverse The PRESIDING OFFICER (Mr. SES- chairmen and ranking members of the backgrounds, that we may truly be one SIONS). Under the previous order, there two Senate committees which are Nation under God. will now be 90 minutes remaining on charged with authorization of appro- We especially pray for these to whom the Specter amendment, No. 77, to be priations for the Department of Health we have entrusted the authority and equally divided. and Human Services. Senator JEF- power of government. Grant them wis- The Senator from Pennsylvania is FORDS, the chairman of the authorizing dom, courage, and the humility to con- recognized. committee, and Senator KENNEDY, the fess that all authority comes from Mr. SPECTER. Mr. President, before ranking member, are cosponsors of the above. May their deliberations and de- proceeding with this amendment, I amendment which has been offered by cisions be guided by Your almighty have been asked to make this state- Senator HARKIN, the ranking member hand and tempered with charity to- ment on behalf of the majority leader. on the appropriations subcommittee ward one another. May they ever be This morning, the Senate will imme- which has the responsibility for appro- mindful that ‘‘sin is a reproach to any diately resume consideration of the priations for the Department of Health people, but righteousness exalts a na- supplemental appropriations bill. and Human Services, and the sub- tion.’’ Under the order, there will be 90 addi- committee which I have the honor to In our times of prosperity, fill us tional minutes for debate on the pend- Chair. with gratitude. In our times of want ing Specter amendment, No. 77. We must survey—the four of us in our and trouble, fill us with trust. And All Senators are, therefore, notified positions as chairmen and ranking when we must endure Your chastening that the first vote this morning will be members—the health needs of America hand because of our waywardness, give at approximately 11 a.m., if all debate in a very, very constrained budget. We to us a spirit of true repentance and is used. Following that vote, additional have seen the budget resolution, which

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

S2881

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VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2882 CONGRESSIONAL RECORD — SENATE March 18, 1999 has come out of Budget Committee, been injured by tobacco seeking to im- a plan, and they don’t have to ask for and the limitations on discretionary press that trust. prior authorization. funding. Our subcommittee has the re- We had a hearing in the appropria- The ‘‘Dear Colleague’’ letter further sponsibility for funding not only the tions subcommittee this Monday. Our says: Department of Health and Human subcommittee took up the issue on an This is a classic ‘‘Washington Knows Best’’ Services, but also the Department of emergency basis to try to see if we policy, an unprecedented Federal power grab. Education and the Department of could find some area for resolution. We In a sense, it is complimentary to Labor, where so many vital programs heard testimony from the Governor of call it an ‘‘unprecedented Federal for worker safety are involved. Kentucky and the attorneys general of power grab.’’ Considering all the Fed- So our responsibility is a very heavy Pennsylvania, Texas, and Iowa. Those eral power grabs that have been re- one. As we have observed, the settle- four witnesses all emphasized the desir- corded historically, this is really a ment with the States is in excess of ability of having some resolution of gentle nudge to the States, saying that some $200 billion over a 25-year period. this issue so that they could make here we have funds realized from a to- The thought immediately came to plans for their budgets. bacco settlement with a statement of mind that these funds, which have been I agree with that proposition. A very policy that 50 percent ought to be used obtained from settlements on tobacco forceful letter was filed by the Sec- for a specific purpose. issues, could be used and should be retary of Health and Human Services, On the 50 percent, it is actually on used in very large part, frankly, if not Donna Shalala, strenuously objecting the low side. The facts show that some entirely, for health purposes. to having the money paid over to the 50 percent of the funds involved here In the Appropriations Committee States, because the Federal law gives come from Medicaid, so that the per- meeting, an amendment was offered by her the authority to make an alloca- centage could have been substantially the distinguished Senator from Texas, tion as to how much of those funds higher. So, Mr. President, it is my hope that Senator HUTCHISON, to have the Fed- should be deducted from the Federal we will have a statement of congres- eral Government relinquish all claims obligation to the States on Medicaid. sional policy on this vote today which to these funds, and have these funds The States have the obligation under will, in a very gentle way, without reg- paid entirely to the State govern- Federal law to sue to collect on claims ulations, without the requirement of ments. that Medicaid has. And the States have submitting the plan to Washington, I can understand the popularity of the authority—and exercise the au- simply say to the Governors that at this kind of an amendment. thority—to release the tobacco compa- least 50 percent ought to be used for to- It is backed by all 50 Governors; it nies from liability to the Federal Gov- bacco-related purposes, such as edu- would be shocking if it weren’t. It is ernment. That is provided for under ex- cation to discourage children from backed by all 50 State legislatures; it isting Federal law. So for those who smoking, where we see a very high rate would be shocking if it weren’t. It is say that the Federal Government can of juvenile smoking and overwhelming backed by all State attorneys general; bring lawsuits, it simply is not so, be- statistics of deaths resulting from ju- again, it would be shocking if it were cause those claims have all been re- venile smoking—where we have a rea- not. leased. sonable amount allocated for that edu- I support the proposition that there It may be, Mr. President, that we are cational purpose, and a reasonable ought to be minimal strings, minimal in an area where largely, if not en- amount—some 30 percent—allocated requirements mandated by the Federal tirely, the States will recognize the not only for public health measures but Government, especially in the context duty to use these settlement proceeds also for aiding smoking cessation. where we mandate requirements and do for tobacco-related purposes. The dis- Mr. President, I ask unanimous con- not fund them. tinguished attorney general of Penn- sent that a letter supporting my Last week, we passed the Ed-Flex bill sylvania, Mike Fisher, who testified on amendment from the American Lung to give flexibility to the States. But I Monday, outlined a program for the use Association dated March 17, 1999, and a submit to you that it is fundamentally by Pennsylvania of $11.3 billion. I be- letter of support from the Campaign different to say that where there are lieve that, in conjunction with our dis- for Tobacco-Free Kids dated March 18, Federal appropriations for a specific tinguished Governor Tom Ridge, there 1999, be printed in the RECORD. purpose, there ought to be latitude for will be a program to use these funds for There being no objection, the letter State governments and local govern- tobacco-related purposes. But it is not was ordered to be printed in the ments to figure out how to spend those sufficient to say that States may rec- RECORD, as follows: funds, contrasted with saying that all ognize this obligation, because States AMERICAN LUNG ASSOCIATION, of $200 billion-plus ought to go to the may not recognize the obligation, as March 17, 1999. States to spend as they choose, when we have already seen from preliminary Hon. ARLEN SPECTER, some States have already made an an- indications of spending these funds on U.S. Senate, Washington, DC. nouncement that they intend to use DEAR SENATOR SPECTER: The American unrelated purposes—debt reduction and Lung Association is pleased to support the these funds, at least in part, for high- highway construction. legislation you are introducing with Senator way construction or for debt retire- In a ‘‘Dear Colleague’’ letter that has Harkin that requires states spend the federal ment. been circulated today, which I referred share of tobacco settlement funds on tobacco When a settlement is reached on to earlier, the statement is made: and health purposes. The American Lung As- sociation is a strong supporter of the Med- matters of this sort by State govern- The Specter-Harkin amendment will re- icaid program. However, if the decision is ments and officials representing the quire every Governor—each year—for the made to forego the federal share of the Med- States, those funds realistically are next 25 years to submit a plan to Washington icaid recovery, legislation like your proposal impressed with the trust, where the asking for permission on how to spend fifty must be enacted to ensure that the funds are claims are brought because of damages percent of the State’s own money. spent on tobacco control, prevention and ces- due to public health, due to tobacco. That is flatly wrong. sation activities and health programs. It There is a specific purpose that the It is true that there is a 20-percent would be extremely shortsighted not to use lawsuits were started, and that was to requirement for smoking cessation these resources to reduce the cause of the redress public claims on these impor- education to try to dissuade young- disease that led to the need for the recovery in the first place. tant areas. Even without a Federal di- sters from smoking and a 30-percent re- We favor your approach and the similar rection limiting, in some way, or ar- quirement on medical plans. But there proposal by Senators Kennedy and Lauten- ticulating a portion of these funds to is no need for Governors to submit a berg (S. 584) because they require tobacco go for medical purposes, it is my legal plan to Washington asking for permis- settlement dollars to be invested in tobacco judgment that those funds are im- sion on how to spend that money, that control and improving the public health. pressed with the trust. I would not be 50 percent. That is a matter where the Effective tobacco education, prevention and cessation programs will help reduce the surprised to see that, if the State gov- Governors only have to tell the Depart- horrible toll tobacco takes on American fam- ernments undertake spending on items ment of Health and Human Services ilies. Reducing tobacco use also will help re- far afield, they may face a class action how the money was spent after in fact duce the enormous cost to taxpayers that to- or taxpayer suits or people who have it is spent. They don’t have to submit bacco-related disease imposes. Investing

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2883 funds in the public health programs will im- Mr. AKAKA. Mr. President, I would youngsters to ensure that they do not prove the health of millions of Americans. like to speak on the emergency supple- start the habit of smoking, and by re- We also support efforts to help tobacco grow- mental and rescissions bill. quiring a certain portion, a rather ing communities diversify their economies. Mr. SPECTER. Mr. President, in that To ensure their efficacy, the American small portion, of the proceeds of these Lung Association supports rigorous federal case, I yield 5 minutes to the Senator settlements to that end is, again, not review, evaluation and oversight of tobacco from Rhode Island on this amendment. only sensible but it is compelled by the control programs. Congress should contain The PRESIDING OFFICER. The Sen- crisis we face in the public health area Medicaid costs and promote public health by ator from Rhode Island is recognized. of smoking in the United States. affirming the authority of the Food and Mr. REED. Mr. President, I thank the One of the other things that we must Drug Administration to regulate tobacco Senator from Pennsylvania for yielding also recognize is that this settlement products, implementing a vigorous national the time, and I also commend him and represents a concession, an acknowl- advertising and education program to Senator HARKIN for their amendment edgement by the tobacco industry that counter the tobacco industry’s marketing ef- to this supplemental bill. They have forts and by enacting other policies and pro- their marketing practices were sin- grams to reduce tobacco use. done something that I think is incred- ister, that they targeted young people, The American Lung Association looks for- ibly important, and that is to provide and that, in fact, their product causes ward to working with you to enact strong some emphasis on smoking cessation disease and death. And in that context legislation to combat the addiction, disease and also public health in the use of the we have to respond with some of these and death caused by tobacco. funds from the tobacco settlements funds to recognize the public health Sincerely, that the States are beginning to re- impact of smoking overall. On both the FRAN DU MELLE, ceive. Deputy Managing Director. law and the logic, it seems to me en- The amendment by Senator SPECTER tirely appropriate that this amend- CAMPAIGN FOR TOBACCO-FREE and Senator HARKIN strikes a very rea- ment should not only be debated but KIDS—NATIONAL CENTER FOR TO- sonable balance between the desires of passed. BACCO-FREE KIDS, the Governors to use these funds and I think we have to recognize, too, Washington, DC, March 18, 1999. also the willingness of the Federal Gov- that what the amendment proposes is Hon. ARLEN SPECTER, ernment to forgo its share of the to- not some type of grandiose Federal U.S. Senate, Washington, DC. bacco settlement, and also the need to DEAR SENATOR SPECTER: The Campaign for program. It simply directs the Gov- Tobacco-Free Kids fully supports your ensure that we do have in place signifi- ernors and the legislatures in their own amendment to the supplemental appropria- cant tobacco prevention activities, as way, form, and fashion to use these tions bill to require states to spend 20 per- well as being able to meet other public funds for very broad programmatic ini- cent of the money they receive from their health priorities. This amendment re- tiatives in public health which encom- settlements with the tobacco companies on serves 25 percent of the overall settle- pass such things as smoking cessation. comprehensive programs to prevent tobacco ment to these priorities—smoking ces- So this is not an overwhelming usur- use. The Federal government has a legiti- sation and public health—and allows 75 pation of State and local prerogatives mate claim to a share of the settlement percent of the funds to be spent at the money and should condition its waiver of the by the Federal Government; it is a federal share on states funding effective to- discretion of the States. I think this is common way to deal with problems bacco prevention programs. an appropriate way to deal with the that got us here in the first place, the Investing in tobacco prevention will save proceeds of the tobacco settlement. fact that smoking, particularly youth- lives and money. the evidence continues to When we consider the fact that the ful smoking, is one of the major public build that statewide tobacco prevention basis of these claims rested upon Med- health crises in this country. strategies are effective in reducing tobacco icaid spending by the States, and we I believe Senator SPECTER and Sen- use. Several states already have tobacco pre- also consider the significant contribu- ator HARKIN have balanced and com- vention campaigns and have reduced overall tion the Federal Government makes to smoking levels within their borders at a fast- plemented the way in which States are er rate than elsewhere in the country. And the Medicaid Program, it is not unreal- using these funds. while youth smoking rates have risen dra- istic—in fact, it is entirely appro- The PRESIDING OFFICER. The Sen- matically nationwide, they have decreased priate—that we would be able to, and ator’s time has expired. or increased much more slowly in these should be able to, lay out some broad Mr. REED. Their efforts are comple- states. Just this week, results were released guidelines as to the use of a small por- menting what States are doing. Our showing decreases in teen smoking in Flor- tion of the settlement funds. I can’t Lieutenant Governor, Bernard ida less than a year after that state’s com- think of any more appropriate topic of Jackvony, is proposing this initiative. prehensive tobacco program was launched. In addition to saving lives, decreasing to- concern at every level of government I hope we can all stand behind this bacco use will save money. Public and pri- than the reduction of smoking in this amendment, and I thank the Senator vate direct expenditures to treat health society. for yielding me time. problems caused by smoking annually total Let’s step back a minute. This proc- Mrs. HUTCHISON addressed the more than $70 billion. Aggressive tobacco ess of suing the tobacco companies, Chair. prevention initiatives in every state would this process that led to the settle- The PRESIDING OFFICER. The Sen- reduce these costs for federal and state gov- ments, is not about getting some ator from Texas. ernments as well as for businesses and indi- money for new highways or new types Mrs. HUTCHISON. Mr. President, I viduals. Requiring the states to devote re- of programs at the State level. It start- have two speakers on the amendment, sources to solving the tobacco problem will save federal dollars in the future. ed with the realization that smoking is but I know Senator AKAKA wants to We heartily endorse your efforts to ensure the most dangerous public health prob- speak on the bill. I would like to ask that funds from the tobacco settlement are lem in this country and we have to him if he could take 5 minutes—and used to address the reason for the lawsuits in take concerted steps to do that. The then let us get back to the amend- the first place—reducing the number one pre- suits resulted in a settlement, finan- ment—equally divided from Senator ventable cause of death in this country. cially, but it won’t result in the effec- SPECTER’s side and my side. Thank you for standing up for America’s tive eradication, elimination, or reduc- Mr. AKAKA. Mr. President, I thank kids. Sincerely, tion of smoking unless we apply those my friend from Texas for yielding me MATTHEW L. MYERS, proceeds to smoking cessation pro- this time. I want her to know that I Executive Vice President and grams and other public health initia- will be speaking on the emergency sup- General Counsel. tives that are critical to the health and plemental and rescissions bill. Mr. SPECTER. Mr. President, how welfare of this country. Mrs. HUTCHISON. I understand that much time has been consumed? We know that each day more than the Senator was not aware we had set The PRESIDING OFFICER. The Sen- 3,000 young people become regular aside this time by unanimous consent ator has spoken for 12 minutes. smokers. We also know that 90 percent for the amendment. So I am happy to Mr. SPECTER. I thank the Senator. of those who are long-term smokers give him 5 minutes equally divided be- Does the Senator from Hawaii, who began before they were 18 years old. So tween Senator SPECTER’s side and my was on the floor first, seek recognition there is a critical need for more and side, if he will do that, and then allow on this issue? more efforts particularly targeted at us to go back to the amendment under

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2884 CONGRESSIONAL RECORD — SENATE March 18, 1999 the current unanimous consent agree- ety of uses, such as distribution to Mr. AKAKA. To use TANF funding as ment. Is that acceptable? counties and local agencies, ‘‘rainy an offset abrogates this agreement. I Mr. AKAKA. I certainly would accept day’’ funds for contingencies such as hope my colleagues, the appropriators, that, and I thank my friend from economic downturns that swell the are working to keep this agreement in- Texas. rolls and leave states without enough tact. Hawaii and other states need this The PRESIDING OFFICER. The Sen- money until the next federal payment, money to assist poor families. ator from Hawaii. transfers into child care and social And of all states, Hawaii needs as- Mr. AKAKA. Mr. President, I rise to services activities, or other basic ex- sistance the most. express my concern on the FY 1999 penses to help low-income families be- emergency supplemental and rescis- come self-sufficient. Mr. President, our Nation is enjoying sions bill. I support disaster relief for My state of Hawaii continues to plan the longest peacetime expansion in Central America and the Caribbean, uses for all available funds to provide American history—yet Hawaii is not emergency relief for America’s farmers child care services to our TANF fami- benefiting from this expansion. While in crisis, and aid to Jordan to imple- lies so that they can be given a chance the country is enjoying the lowest un- ment the Wye River agreement. It is to continue at their jobs and make it employment in nearly 30 years and tre- important that these priorities be work. Hawaii is doing this the right mendous job creation, Hawaii is losing funded. way, instead of simply looking at the jobs and its people are having a dif- My concern is that one of the budget numbers and acting to drop welfare re- ficult time finding work at a living offsets to pay for this bill pits these cipients off their rolls. Hawaii is truly wage. Our unemployment rate is at 5.7 important foreign and domestic needs ‘‘teaching them to fish,’’ so that they percent as of November 1998—well against the needs of the country’s truly achieve self sufficiency. above the country’s average of 4.3 per- poorest families—something that Ha- Deferring release of TANF funds for a cent. Bankruptcy filings increased waii’s poorest families can ill afford. number of years and using the $350 mil- more than 30 percent form 1997 to 1998. This supplemental bill seeks to defer lion for emergency spending violates Retail sales fell 7 percent from $16.3 $350 million in funding from ‘‘unobli- the agreement made when TANF was billion in 1997 to $15.2 billion in 1998. gated balances’’ under the Temporary passed. I have a letter here from Gov- These are some recent economic indi- Assistance for Needy Families (TANF) ernor of Hawaii, Benjamin Cayetano, cators. Hawaii has been suffering from Program until fiscal year 2001. The lan- dated March 12th, that describes the an economic downturn for most of this guage in the bill requires deferral of agreement between Governors, Con- decade. As if this were not enough, my portions of states’ unobligated TANF gress, and the administration that the state has had to endure the worst of all funds. entitlement nature of the old AFDC states from the economic crisis in Asia. The deferral is based on the states’ Program would be replaced with a set The Aloha State welcomed 11 percent share of total unobligated funds. Pre- amount of funding to states under fewer tourists from Japan and other liminary estimates show this means TANF. I ask unanimous consent that parts of Asia in 1998. If anything should Hawaii would not be able to spend the letter be printed in the RECORD. be slated for emergency funding, Ha- about $800,000 of its TANF funds until There being no objection, the letter waii should. was ordered to be printed in the fiscal year 2001. With all of this need, you can see RECORD, as follows: It is my understanding that my why $800,000 in TANF funding means a MARCH 12, 1999. friend from Alaska, chairman of the lot to my state. The number of families Appropriations Committee, Senator Hon. DANIEL AKAKA, U.S. Senate, Hart Office Building, in Hawaii receiving assistance under STEVENS, is working to find a different Washington, DC. this program has increased since the offset so that the $350 million in TANF DEAR SENATOR AKAKA: I am writing you new law was passed. According to the funds will not have to be deferred. I today to express concern about information I Hawaii Department of Human Services, strongly encourage him in these efforts have received which predicts Congress will as of January, 1999, 16,575 single-parent and urge that this be done. attempt to cut the funding for the Tem- families and 7,119 two-parent families In the meantime, we all know that porary Assistance for Needy Families (TANF) Program this year. My concern is were on the rolls, for a total of 23,694 TANF replaced the Aid to Families families receiving assistance. This rep- with Dependent Children welfare pro- that there was an agreement between the Governors, Congress, and the Administration resents an increase of more than 2,000 gram in 1996. I am a critic of the TANF that the entitlement nature of the Aid to families since 1995 when the number of Program for failing to provide an ade- Families with Dependent Children (AFDC) families receiving assistance was 21,480. quate safety net for low-income fami- Program would disappear in favor of a set Hawaii’s numbers have increased be- lies. However, I am adamant that full amount of funding in block grant form under cause of the tough economic conditions TANF. funding must continue to go to the we are now enduring. states to assist welfare families and The funding under TANF is not overly gen- erous. If fact, in Hawaii, we have not experi- Hawaii needs every bit of our TANF their children. No part of it should be enced a decrease in the welfare population deferred to offset supplemental spend- funding to make sure that our poor and every dollar is needed. families continue to be self-sufficient. ing. I have been told that Congress may be The term ‘‘unobligated,’’ may seem viewing unspent TANF allocations as a sur- This is stated in the letter I submitted self-explanatory. Anyone may think plus that could be used to fund other initia- earlier from Governor Cayetano. We that a $350 million deferral of unobli- tives. This is being discussed even though have not put our unobligated balances gated funds under the bill would apply child poverty has increased since the passage aside for a rainy day fund because we of Welfare Reform. to funds that have simply not been do not have enough of it—we need to While I cannot speak for other States, I use every dollar we have for caseloads spent under this program. Proponents can assure you we are trying very hard to as- would argue that welfare rolls have sist welfare recipients to become employed now. fallen so far that this money is not and self-sufficient. It appears many States Once again, I urge my colleagues on needed by states, which is why it re- may have tightened their eligibility criteria, the Appropriations Committee and the mains unobligated. However, Mr. Presi- but have not been successful in getting wel- gentleman from Alaska, Chairman fare recipients employed. If this is the case, dent, we know that funding decisions STEVENS, to continue working to find the States will be needing their TANF allo- by state and local governments take cation to address the continuing hardships of another $350 million offset for this time. Transfers of expenditures must these families. emergency supplemental bill, rather go through a process. States often com- I hope you will agree that the TANF fund- than defer much-needed TANF funds. mit funding to counties and local gov- ing needs to be safeguarded to provide States The PRESIDING OFFICER. The Sen- with the necessary resources to assist wel- ernments that is not transferred imme- ator’s 5 minutes have expired. diately, so the amount is not taken off fare families. Thank you for your attention to this matter. Your strong support is great- Mr. AKAKA. I thank the Chair. I the states’ books. ly appreciated. The fact is many states rely heavily thank the Senator from Texas for With warmest personal regards, yielding me time. on these unobligated funds and have al- Aloha, ready committed them for a wide vari- BENJAMIN J. CAYETANO. Mr. GORTON addressed the Chair.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2885 The PRESIDING OFFICER. The Sen- States were making. We ultimately is preempted from doing that. Only the ator from Washington. abandoned that effort and left it en- States can do that. So they act as an Mr. GORTON. Mr. President, will the tirely to the States. agent for the Federal Government and Senator from Texas yield me 5 minutes As a consequence, we have absolutely recoup them. Keep in mind, the law at this point? no right, at this point, to tell the states, regarding any money recouped Mrs. HUTCHISON. Mr. President, I States how they are to spend their by the States for Medicaid, the Federal yield 5 minutes to the Senator from money. Many are already engaged in portion has to be returned to the Fed- Washington. extensive and sometimes successful eral Government. The PRESIDING OFFICER. The Sen- antismoking efforts. Many have prior- We have to keep in mind what we are ator from Washington is recognized for ities that are different than the prior- talking about here. Are we talking 5 minutes. ities here in the U.S. Senate. But if about the fact that the tobacco compa- Mr. GORTON. Mr. President, one of Members of the U.S. Senate want to nies didn’t build a number of highways the ways in which the Congress of the control the spending in their own in Texas? Or that they did not build United States has been the bane of States, money that their own States prisons in Alabama? Or they did not every Governor and State legislator in have recovered, they should run for the build a sports arena in Michigan—or on the United States of America is its State legislature, not for the Senate of and on and on? No. That is not why constant willingness to impose un- the United States. these lawsuits were brought. They were funded mandates on States and on The position taken by the Senator brought because tobacco is the biggest local communities. We constantly pass from Texas and her companion, the killer we have in America today. You laws that tell States and local commu- Senator from Florida, a position that add up alcohol, accident, suicide, homi- nities what they are to do, but we rare- was accepted by the Senate Appropria- cide, AIDS, illegal drugs, fires—add ly pass appropriations sufficient to tions Committee, is the right and just them all up and tobacco kills more a cover the costs of carrying out those position. This money was recovered by year than all of these combined. duties. the States, this money belongs to the What has this tobacco debate been Just last week we debated the over- States, and the spending of this money about, that we have been here for years whelming unfunded mandate that is in- should be determined by each of the 50 and years on end debating? That is cluded in our rules relating to the edu- States of the United States of America. what it is about. Tobacco is hooking cation of special needs students, and, It is no more difficult than that. It is young people, getting them addicted. in fact, we moved, at least slightly, in as simple as that. We have already im- And the tobacco companies have lied the direction of funding some portion posed too many unfunded mandates on and lied and lied, year after year, and of those unfunded mandates. Here, on the States by our substantive legisla- covered up, and fought with powerful the other hand, we have the exact mir- tion here. Let’s not do essentially the money and powerful interests here in ror image of an unfunded mandate same thing by telling States that Washington to keep us from doing originally imposed by the Congress of money they have already recovered has what we need to do to protect the pub- the United States. Here we are asked, to be spent on our priorities, rather lic health. That is what it is all about. in this amendment, to decide that bil- than their own. Support the position of Now, the CDC estimates that smok- lions of dollars recovered by almost the Senator from Texas and Florida. ing among high school students has every State in the Union in tobacco Reject this amendment. risen 32 percent since 1991—32 percent. litigation against tobacco companies The PRESIDING OFFICER (Mr. BEN- The tobacco companies say they are will be appropriated, effectively, by the NETT). The Senator from Pennsylvania. going to cut down on their advertising Federal Government, unless the States Mr. SPECTER. Mr. President, I yield to kids and stuff. If they really want to agree on the way in which we think 10 minutes to my distinguished col- do that, get rid of the Marlboro Man. that money ought to be spent. league from Iowa, Senator HARKIN. You don’t see the Marlboro Man dis- Mr. President, 50 percent of all recov- Mr. HARKIN. Mr. President, again I appearing, do you? No, he is still out eries that the States have made, pursu- thank my friend and my colleague and there. And the Virginia Slims and all ant to this amendment, must be spent my leader, Senator SPECTER, for bring- that kind of stuff is still out there; the in accordance with this amendment, ing forth this amendment, which is Marlboro gear—that is all out there. and detailed regulations are promul- common sense and which goes to the They are still hooking kids. gated by the Federal Government for heart of what the smoking problem in Tobacco, an estimated $50 billion a every State in the country. Every Gov- America is all about. It is about year in health care costs alone, and a ernor will have to make a new applica- health. big portion of that is borne by the Fed- tion every year for 25 years and meet I might just say, at the outset, really eral taxpayers who finance over half these requirements or will, in effect, the provision in the supplemental bill the costs of Medicaid. lose an amount of money equal to 50 we are talking about should not even Again, to repeat for emphasis’ sake, percent to 100 percent of the money be on the supplemental. It is not an ap- what does the Specter amendment do? that State has already recovered in an propriations measure. It more appro- It only would require the States to use action in which the United States of priately ought to be in the Finance 20 percent of the total settlement to re- America was not a party at all. Committee, but it was slipped in as a duce tobacco use and 30 percent for That is fundamentally unfair. It rider on the appropriations bill, the public health programs or tobacco makes an assumption, an unwarranted amendment offered by the Senator farmer assistance, helping some of our assumption, that these were Medicaid from Texas, Senator HUTCHISON. tobacco farmers, and we would then claims that were presented by the What Senator HUTCHISON’s amend- waive the Federal claim to the tobacco States of the United States. My attor- ment says is all the money already re- settlement funds. We do not dictate ney general, the attorney general of couped by the States in their settle- what the States spend their money on. the State of Washington, Christine ment with the tobacco companies If the States want to take their portion Gregoire, one of the three or four lead- should be kept by the States and they and build a sports arena, that is up to ers of this effort, brought and pros- can do with it whatever they want to the voters of that State. I can tell you ecuted a case through much of the trial do with it. That is all right as far at if it happened in my State, I would be period, before it was ultimately set- the State’s money goes. on the side of any other taxpayers in tled, without the slightest mention of I have no problem with that. But my State, suing the Governor or any- Medicaid. There were all kinds of fraud that also includes the Federal share of body else who was spending the money and contract and tort claims connected Medicaid. As I have continually point- that way, because I think that money with this litigation, quite independent ed out, under the Social Security Act is held in trust for the very purposes of Medicaid claims on the part of the the States are required to go after which I just enumerated, and that is to various States of the United States of recoupments in Medicaid from third cut down on smoking and to help the America. Last year, this body spent parties. In fact, they are the only ones public health. weeks debating whether or not we who can sue for third party CBO estimates the Federal share should control the settlements that the recoupment. The Federal Government would be about $14 billion over 5 years.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2886 CONGRESSIONAL RECORD — SENATE March 18, 1999 Others are saying that the Federal The provision put in by the Senator funds but should make a commitment that Government had no role in these law- from Texas says let them have it. Let the Federal share of the settlement’s pro- suits. I just covered that. the States have all this money. If they ceeds will be spent on shared national and Under the Social Security Act, it is want to build highways, let them build State priorities: to reduce youth smoking, the responsibility of the States to re- protect tobacco farmers, improve public them. I tell my colleagues, I know health and assist children. cover any costs and, in fact, the law where the tobacco lobby is on this one. So there we have it. If this amend- states that only the States can file The tobacco lobby is foursquare for ment stays in there untouched, the such suits. this provision in the bill, because they President’s senior advisors will rec- I want to correct something that was do not want States spending money to ommend a veto. said last night by my colleague from cut down on teen smoking. Some I yield the floor. Alabama, Senator SESSIONS. He States will. I compliment and com- The PRESIDING OFFICER. The Sen- claimed that only one State had filed mend the Governor of my own State of ator from Texas. suit to recover tobacco-related Med- Iowa who has said that they will use a Mr. GRAMM. Mr. President, I want icaid costs. Sorry. That is wrong. In large portion of this for education, fact, the following States had Medicaid to thank my Scottish cousin, Senator intervention, cutting down on youth claims in their lawsuits: Alaska, Ari- GRAHAM, for letting me go first so I can smoking. How much, I do not know, a zona, Arkansas, California, Colorado, go back to the Budget Committee. large portion of it. Connecticut, Florida, Hawaii, Iowa, Il- Again, this is a bipartisan, common- I am very happy to be here and join linois, Indiana, Kansas, Maryland, Mas- sense amendment. For the life of me, I both Senator GRAHAM of Florida and sachusetts, Michigan, Minnesota, Mis- do not know why anyone would oppose my colleague from Texas in strongly sissippi, Missouri, Montana, New Jer- it, unless it is under some theory that opposing this amendment. sey, New Mexico, New York, Ohio, we can’t tell the States what to do The idea that the Federal Govern- Oklahoma, Oregon, Pennsylvania, with this money. I don’t want to tell ment is trying to seize $18.9 billion Rhode Island, South Dakota, Texas, from the States to spend in Wash- Utah, Washington and Wisconsin—all the States what to do with their money, but when the Federal taxpayers ington, DC, when we had nothing to do had Medicaid claims in their lawsuits. with their settlement and when we I think this is really the crux of it— provide over 50 percent of Medicaid monies to the States and we are paying were in the process of trying to impose whether or not a State included a Med- our own taxes and, in fact, when the icaid claim isn’t the issue. The fact is 50 billion bucks a year in health-re- lated costs and much of that through President has in his budget the imposi- every State that settled in November tion of new taxes on tobacco, is abso- of 1998, and that included all 50 States Medicaid, then I think we have a right and an obligation to say that some por- lutely outrageous. and the territories, even those that did The amazing thing is the President not include a Medicaid claim in their tion of that money that is Federal money ought to go for health-related proposes taking the money away from suit, waived their right to recover to- the States and then giving them a bacco-related Medicaid costs in the fu- purposes. The PRESIDING OFFICER. The time bunch of money, but then telling them ture. Why do you think that was put in how to spend it. the settlement? If, in fact, the lawsuits of the Senator has expired. Mr. HARKIN. Mr. President, I ask This amendment is the height of ab- were not about Medicaid, why do you surdity. In my State, this amendment think that the tobacco companies came unanimous consent for 3 additional minutes. would tell Texas that we have to spend in and insisted, as a condition of the $4 billion on smoker cessation. We settlement, that the States had to The PRESIDING OFFICER. Without objection, it is so ordered. could literally hire thousands of people waive their right for any future suits and have a personal trainer for each based on Medicaid? It is curious. If that Mr. HARKIN. For example, in Maine, person who are chewing tobacco or dip- is not what this was all about, why did I am told the Governor wants to use it ping snuff. Why should the Federal they put that in there? Because the to- for a tax cut. In Michigan, the Gov- Government have the right to tell the bacco companies, smart lawyers that ernor wants to use the settlement for States how to spend this money? they have got, knew this is what it is college scholarships; no funds for to- I suggest our colleagues read the about. It is about health care. It is bacco prevention. The Nevada Gov- tenth amendment of the Constitution— about hooking kids on smoking. ernor wants it for college scholarships. They could see that the States are New Hampshire’s Governor wants the powers not specifically delegated to going to get all this money. What do money for education; no proposal on the Federal Government are reserved the States want to do with it? They tobacco. In New York, the Governor to the several States and to the people. want to reduce debt. They want to wants to spend 75 percent for debt re- This amendment is an outrageous build prisons and highways. They want lief. In South Dakota, the Governor power grab. Where we in Washington, to reduce taxes. wants money for prisoners, nothing on the day before yesterday, were trying How many are going to use it to cut tobacco. In Rhode Island, the Governor to be the school board for all America, down on what the tobacco companies wants money to cut the car tax. That now we are trying to tell the States are most afraid of? What they are is all well and good, but that is not how to get people to stop smoking, afraid of is losing young people who what this is about. when we have done a very poor job of it would not be smoking, who won’t take I say to my friends, we have a state- in the Federal Government. We are try- up the habit. That is what they are ment of policy from the Executive Of- ing to tell the States how to spend afraid of. That is why they put it in fice of the President which says, refer- their money. Somewhere this has got there. Not only did the settlement ring to the emergency supplemental to stop. My suggestion to our col- waive the right of the States forever to bill, S. 554: leagues is, if you want to run the sue to recoup for Medicaid, it waives Were the bill to be presented to the Presi- schools in America, quit the Senate our rights, the Federal Government’s dent with the Senate Committee’s proposed and go run for the school board. rights to sue. Why? Because under the offsets and several objectionable riders dis- If you want to be a State legislator, Social Security law, only the States cussed below, the President’s senior advisers leave the Senate and run for the State can sue for recoupment under third would recommend that he veto the bill. senate or the State house or run for parties. When they waive their right, One of the provisions: Governor. Our job is not to tell the they waive our rights. The States, in A provision that would completely relin- States how to spend their money. making this deal with the tobacco quish the Federal taxpayers’ share of the This is an outrageous amendment. I companies, have effectively taken Medicaid-related claims in the comprehen- just cannot understand the logic of away the right of the Federal Govern- sive State tobacco settlement without any this, other than the belief that only we commitment whatsoever by the States to know what is best. The idea that we on ment to go into court and to go after use those funds to stop youth smoking. Fed- tobacco companies to get the Federal eral taxpayers paid more than half, an aver- the floor of the Senate will tell Texas taxpayers’ share of the money for the age of 57 percent of Medicaid smoking-re- how they have to spend $4 billion over health care costs of Medicaid. That is lated expenditures. The Administration be- this period is absolutely absurd—that what it is about. lieves that the States should retain those Texas has to file a report every year

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2887 with Health and Human Services, and by my colleague, the Senator from The assumption of this legislation then they have to approve how Texas is Texas. In addition to the wisdom of the started with another letter from Wash- spending its own money that the Fed- amendment, there is a sense of urgency ington which went to the States which eral Government had nothing to do to move forward with this. Many State stated, in effect, that the Federal with, had no part in claiming, no role legislatures are meeting as we meet Health Care Financing Administration in the settlement. In fact, in the Presi- this week. Many of those legislatures was going to initiate an administrative dent’s budget this year where he tries are well along toward their adjourn- collection procedure under an arcane to reclaim this money, he is talking ment date. Many of those States are provision of the Social Security stat- about imposing a tobacco tax. Are we awaiting our action on this issue to ute—specifically, 1903(D)(3)—in which going to let the States tell us how to make a determination as to what is the it would recoup a substantial portion spend that money? I think not. most appropriate way to utilize funds of the States’ settlements. I congratulate my colleague from that have been secured through the to- The specific language which was re- Texas. This is an amendment that de- bacco settlement for purposes that will lied upon by the Federal Health Care serves to be defeated overwhelmingly. I benefit their citizens. Financing Administration is the lan- hope 80 or 90 of our fellow Senators will We need to resolve this issue and re- guage which states: vote against this amendment. Again, if solve it in a way that has been sug- The pro rata share to which the United you want to tell Texas how to spend its gested by the amendment rec- States is equitably entitled, as determined money, quit the Senate, move to ommended by the Appropriations Com- by the Secretary, of the net amount recov- ered during any quarter by the State or any Texas, establish residence, run for the mittee, which is that the Federal Gov- ernment keep its hands off this money political subdivision thereof with respect to State legislature; if you can get elect- medical assistance furnished under the State ed, go at it. But do not get elected from which has been secured solely as a re- plan.... sult of the actions of the States. another State and come here and try to Mr. President, I argue that that stat- tell our State or any other State how Let me give a brief history of this issue, with particular focus on the ute, which is the basis of the Federal to spend its money. efforts to recoup, is inapplicable to the The Federal Government needs to State of Florida, which was one of the first four States to secure an individual tobacco litigation. What that statute butt out. We have plenty of our own was intended to do was, in the case problems to deal with here. Social Se- settlement with the tobacco industry. Under the leadership of our departed where a State had, for instance, over- curity is going broke, Medicare is friend and colleague, Lawton Chiles, paid a provider and subsequently re- going broke quicker, and what are we the Florida Legislature amended its ceived a repayment, that a portion of doing? The day before yesterday, we law to allow a specific statute to be that repayment that was related to the were trying to run all the schools in passed, under which the State brought percentage of the Federal Medicaid the country as a national school board. litigation against the tobacco industry. share under the State Medicaid plan Today we are trying to spend money in At the time that occurred, Governor would go back to the Federal Govern- every State to tell them how to deal Chiles wrote a letter to Attorney Gen- ment. with their tobacco settlements. eral Janet Reno suggesting that the This was not recovered pursuant to It seems to me we are running away Federal Government join in the law- any State health care plan. It was re- from real problems that we ought to be suit—not join in the lawsuit as it re- covered based on litigation brought by solving and trying to find somebody lates to any specific claim, such as the the States on a variety of claims else’s problems to solve where we don’t Medicaid claim, but, rather, join in the against the Federal Government. And have any responsibility if things go lawsuit to advance Federal interests that is the first of two fundamental er- bad. that were at stake. I will talk later roneous assumptions behind this Again, I congratulate my colleague about what those Federal interests are. amendment. And that first assumption from Texas. I congratulate the Senator This is the letter—and I quote it in is that 100 percent of the collections from Florida. I thank him for letting part—dated June 6, 1995, which was that the States have made were as a re- me come in and speak at this time. I sent from the Attorney General to the sult of the Medicaid claims; and, there- yield the floor. Governor of Florida: fore, that the Federal Government can Mr. GRAHAM addressed the Chair. DEAR GOVERNOR CHILES: Thank you for legitimately assume the right to con- The PRESIDING OFFICER. If the your letter concerning the possibility of the trol its share or 50 percent of those Senator will withhold, does the Sen- Department of Justice participating in the funds. That assumption is just fun- ator from Texas yield to the Senator State of Florida’s lawsuit against cigarette damentally incorrect. from Florida? manufacturers. As you know, similar suits First, Florida’s causes of action in- Mrs. HUTCHISON. I yield 10 minutes have been filed by the States of Mississippi, cluded a violation of the State’s RICO to my colleague. Minnesota and West Virginia. At my request, statute, the Racketeer-Influenced and Mr. GRAHAM. Mr. President, I thank the Department’s Civil Division has been Corrupt Organizations statute. Four- my colleague and Teutonic cousin for monitoring the tobacco litigation. Thus far, we have not been persuaded that participa- teen other States filed a similar RICO his kind remarks and for his comments tion would be advisable. We will continue to claim. Remedies available to the against this misguided amendment. actively monitor these cases, however, and States under RICO statutes are enor- First, I strongly support the original will reconsider this decision should cir- mous: disgorgement of profits and tre- purpose of this legislation, which is to cumstances persuade us otherwise in this re- ble damages. I argue that these claims provide relief to our neighbors in the gard. far exceed any money damages avail- Central American countries and the There were no subsequent reconsider- able under the Medicaid claim. Caribbean which were so devastated ations, and the Federal Government es- Twenty-eight States filed claims last year by a series of hurricanes. sentially said, ‘‘We will stand apart under violations of consumer protec- I had the opportunity to visit Hon- from these States’ efforts.’’ Stand tion laws. Remedies include significant duras, Nicaragua, El Salvador, and Do- apart until the States, having spent monetary penalties per violation—per minican Republic which were primarily enormous amounts of money, effort, sale of each pack of cigarettes—plus affected by those hurricanes and can and political resources now have se- disgorgement of profits. For instance, testify that the need is great and that cured a settlement. the Missouri remedy allows for a pen- the humanitarian assistance which the At this point, the Federal Govern- alty of $1,000 per pack of cigarettes United States has already provided, ment wishes to invite itself back into sold. The Oregon remedy was up to and which this legislation will allow us this litigation by, in the President’s $25,000 per violation, which could have to continue, has been of immeasurable budget proposal, taking half the money potentially totaled billions of dollars. value and has added to the strength of and having the Federal Government Thirteen States filed under public the relationship between the United spend it or, in this amendment pro- nuisance. In Iowa, the remedy re- States and those affected countries. posal, having the Federal Government quested was equal to not the profits I also strongly support the tobacco serve as the parent for the States and made through cigarette sales, but the recoupment amendment which was tell them how to spend their tobacco price of cigarettes sold in each year in- added in the Appropriations Committee settlement money. volved.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2888 CONGRESSIONAL RECORD — SENATE March 18, 1999 Twenty States filed antitrust claims. I was, therefore, very pleased that amendment, it is my understanding Available remedies again include the President, in his State of the Union that no federal approvals are required, disgorgement of profits and treble Message, indicated that it was the in- but only that reports be filed dem- damages. tention of the Federal Government to onstrating that the funds are being In three States, the courts dismissed pursue precisely such a course of ac- used in programs designed to achieve the Medicaid claims—Indiana, Iowa, tion. the public health goals of the litiga- and West Virginia. So those States’ Let me say, Mr. President, that for tion. This information is important for claims could not have included a Med- those of us, like Senator HARKIN and Congress and the Administration to icaid component because it had been others, who joined last year in an ef- have so that we can continue to evalu- rejected by the courts prior to the set- fort to craft a bipartisan tobacco bill, ate the need for federal legislation ad- tlement. we recognize that the most significant dressing any issues not covered by the Further, the State of Florida, which way in which we will reduce teenage settlement agreement. If the states are did have a Medicaid claim among all of smoking is to increase the price of successful in achieving what the litiga- its other claims, estimates that at cigarettes. Every other technique to tion and settlement set out to achieve, most only 10 percent of its entire set- reduce teenage smoking pales in com- then there will be no need for addi- tlement could have been attributed to parison with increasing the price. The tional action. If not, we can revisit the Medicaid. Centers for Disease Control has esti- issues. I ask the Senator from Texas if I can mated that for every 10-percent in- I do not perceive this amendment as have an additional 5 minutes. crease in the price of cigarettes, there requiring federal approval of all state The PRESIDING OFFICER (Mr. will be a 7-percent reduction in smok- spending or programs, but as an infor- SANTORUM). Does the Senator from ing by teenagers. mational requirement. I am certainly Texas yield an additional 5 minutes? The Federal Government’s potential Mrs. HUTCHISON. I am happy to open to further discussion on how to claims against the tobacco industry yield an additional 5 minutes to the best ensure that the money is being are much greater than the States. The Senator from Florida. If he can take spent as intended, to keep kids from any less than that, we have other Mem- Medicare Program is much larger than smoking. bers signed up for the time. Thank you. Medicaid. The Federal Government has I hope that we will continue the dia- Mr. GRAHAM. So Mr. President, the all the array of antitrust and RICO logue on this very important issue and first assumption that all this money claims which the States so successfully that we can reach consensus on how to was generated by Medicaid claims is pursued. ensure that the settlement funds are fundamentally inaccurate. What we need to be encouraging the used to protect kids, if not today, then The second assumption, which is that administration to do is to aggressively as the bill progresses to the House and unless Washington acts the States will carry out the direction of the President conference. fritter this money away, is a funda- to effectively bring action against the Mr. KENNEDY. Mr. President, I am mental assault against the principles tobacco industry. And those will be the very concerned about a number of pro- of Federalism: That we are a Nation in funds that will be 100 percent under the visions in the supplemental appropria- which political power is divided be- control of the Federal Government for tions bill. tween the States and the Federal Gov- the purposes that it considers most ap- First, I strongly oppose the offsets ernment, and that we have a respectful propriate. included in this bill, which will take appreciation of the responsibility of My own feeling is that we ought to money away from programs that help our State partners. use a substantial share of those Feder- the most vulnerable Americans. In the case of the State of Florida, ally derived funds from successful liti- Before I discuss the specific offsets, through the use of the initial tobacco gation against the tobacco industry to let me begin with a reminder—emer- settlement money, 250,000 children who add to the solvency of the Medicare gency supplemental funds do not need previously did not have financing for trust fund, and then to use a portion of to be offset. This is the law and it is health care now have that financing. those to assist in financing what the grounded in the understanding that That was proposed by former Governor American people desperately want, Congress needs to act expediently when Lawton Chiles. Current Governor Jeb which is a prescription drug benefit, a disaster strikes. Emergencies are just Bush has suggested the establishment major share of which will go to dealing that, emergencies, and they require of an endowment so that these funds with the illnesses generated by tobacco swift action and the ability to release would be protected in perpetuity and use. funds quickly. We do not need offsets the interest earnings from that endow- The PRESIDING OFFICER. The time to provide essential assistance to Cen- ment would be used for a variety of of the Senator has expired. tral America, our farmers, or U.S. steel children’s and seniors’ programs. That Mr. GRAHAM. So Mr. President, I workers. not only indicates the care with which appreciate the leadership that the Sen- Nevertheless, a series of offsets have the States are using, but the fact that ator from Texas has provided. I appre- been proposed that will hurt the most it is a bipartisan issue, the appropriate ciate her generosity and time. I urge vulnerable Americans, low-income use of these funds. the defeat of this amendment. children and families and immigrants. Let us face it, those State officials, Mr. MCCAIN. Mr. President, I rise Included in their offset package, are those Governors, those State legisla- today in support of this amendment of- proposals to defer $350 million in Tem- tors are just as much accountable to fered to earmark a portion of the to- porary Assistance to Needy Funds the voters as we are. And should they bacco settlement proceeds for health (TANF), a $285 million cut in the Food act in a way that the voters consider to and anti-smoking programs. The use of Stamp Program, and a $25 million reci- be inappropriate, they will suffer the the money for these purposes goes to sion in INS programming which will re- consequences of those actions. the very heart of my support for the duce INS’ ability to provide immigra- Mr. HARKIN. Will the Senator yield? global settlement a year ago and my tion benefits and services. A $40 million Mr. GRAHAM. Let me complete my reason for sponsoring a bill to imple- cut in INS border enforcement is also final comments, and then I will yield. ment the settlement. being proposed. Mr. HARKIN. OK. It was never my intention or under- Taking from one poor, vulnerable Mr. GRAHAM. Mr. President, what standing that this money would be community to pay for the needs of an- we have at stake here is that the Fed- used for building roads, prisons, or to other is unacceptable. We must draw eral Government is dealing with the simply inflate the government’s cof- the line here to prevent the raiding wrong issue at the wrong time. It is fers. It was my understanding and in- programs that help poor children and time for the Federal Government to tent that the money would be used pri- families. move on. The way in which the Federal marily to fight the evils of the tobacco In 1996, when the Personal Responsi- Government should move on is by pur- industry and to keep 3,000 kids a day bility and Work Opportunity Reconcili- suing its own litigation against the to- from starting to smoke. ation Act (PRWORA) was passed, Con- bacco industry rather than trying to I am also a strong proponent of gress gave states the authority and steal a portion of the State settlement. states’ rights. In considering this flexibility to design their own unique

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2889 programs to help low-income families Now, just a few years after dramati- money. However, the federal share move from welfare-to-work. The TANF cally overhauling the welfare system, must be used by the states for pro- program provides fixed block grants to the Republican Leadership wants to grams that will advance the goals of the states totaling approximately $16.5 take $350 million in unobligated TANF protecting children and enhancing pub- billion annually. TANF is a new pro- funds to offset some of the expenses in- lic health which were at the heart of gram that supports a wide array of curred by the Emergency Supplemental the litigation and are consistent with services. States are using their funds Act. This is unacceptable. Congress the purposes of Medicaid. That would to assist needy families, strengthen job told states to spend their money care- be an eminently fair and reasonable preparation, and promote self-suffi- fully, to engage in thoughtful long- compromise of this contentious issue. ciency. Across the country, states and term planning, and that they could While there were a variety of claims social service agencies are developing keep their unobligated funds, and here made by the states against the tobacco and implementing the best strategies we are two years later, changing the industry, the Medicaid dollars used to to move their clients from welfare to rules of the game. treat tobacco-related illness con- self-sufficiency. The Republican Leadership also stituted by far the largest claim mone- In addition to giving states the au- wants to take $252 million from the tarily, and it formed the basis for the thority to develop their own assistance Food Stamp Program base appropria- national settlement. As part of that programs for low-income families, Con- tions level. Senate appropriators con- settlement, every state released the to- gress also gave them the power to tend that these funds would otherwise bacco companies from federal Medicaid carry forward unobligated TANF funds be unspent. Once again, the Repub- liability, as well as state Medicaid li- for future use. States were expressly licans are taking a short-sighted ap- ability. Medicaid expenditures heavily given the ability to tap into unspent proach. First, assuming these funds are influenced the distribution formula funds at any point during the five-year unspent, they are not unneeded. The used to divide the national settlement block grant period, to optimize flexi- current base appropriations level pro- amongst the states. In light of these bility and meet their own unique needs vides an important cushion to meet un- undeniable facts, the dollars obtained and circumstances. In FY98, states ob- anticipated need. Second, recently re- by the states from their settlements ligated or spent 84% of the total federal leased statistics on hunger and under- cannot now be divorced from Medicaid. funds received. Nineteen states have States are free to use the state share of nutrition suggest that we need to rein- obligated 100% of their FY98 TANF their recoveries in any way they vest in food assistance programming. funds. choose. However, Congress has a clear Hunger is still an urgent problem. The The Republican Leadership seems to and compelling interest in how the fed- recent decline in food stamp use from have confused ‘‘unobligated’’ with eral share will be used. ‘‘unneeded.’’ Nothing could be further 28 million to under 19 million does not States should be required to use half from the truth. There are a variety of mean that hunger is no longer a sig- of the amount of money they receive reasons why some states have unobli- nificant concern. Just a few weeks ago from the tobacco industry each year gated funds. Many states have specifi- the Urban Institute reported that one- (the federal share) to protect children cally set aside part of their funds in a third of America’s children are in fami- and improve public health. At least ‘‘rainy day’’ account. This reflects wise lies grappling with hunger and food in- thirty-five percent of the federal share planning. The strong economy and low security. would be spent on programs to deter unemployment rates which we are cur- We cannot let this happen. We cannot youth smoking and to help smokers rently enjoying may not last forever. take any more money from programs overcome their addiction. This would These states will be prepared because that help children and needy families. include a broad range of tobacco con- they have set aside sufficient funds to Furthermore, Congress must uphold its trol initiatives, including school and protect themselves if the economy commitment to the states—federal community based tobacco use preven- turns downward. money pledged to the states should not tion programs, counter-advertising to Other states have experienced large be taken away, especially when emer- discourage smoking, cessation pro- caseload declines but require further gency funding is available without off- grams, and enforcement of the ban on state legislative action to reprogram sets. sale to minors. Three thousand chil- funds from cash assistance to other in- Another disturbing aspect of the Sup- dren start smoking every day, and one vestments, such as child care and job plemental is the inclusion of the thousand of them will die prematurely training, which promote work and end Hutchinson Medicaid Amendment. This as a result of tobacco-induced disease. dependency. Other states have pro- issue does not belong in an emergency Prevention of youth smoking should ceeded slowly because they chose to en- appropriations bill. If approved, the be, without question, our highest pri- gage in careful planning and needs as- long-term cost to Medicaid of this ority for the use of these funds. Reduc- sessment research before embarking on amendment would be approximately ing youth smoking would, of course, re- innovative new efforts to move people $140 billion. No serious consideration sult in a dramatic savings in future from welfare to work. Now, they are has been given to the enormous impact Medicaid expenditures. The state set- ready to utilize their funds, and now that could have on national health pol- tlements provide the resources to dis- the feds are trying to take back these icy. Instead of being used to deter suade millions of teenagers from smok- funds. youth smoking and to improve the na- ing, to break the cycle of addiction and Let me also point out that unobli- tion’s health, the language in the Com- early death. We must seize that oppor- gated funds are not surplus funds. mittee bill would permit states to use tunity. These funds are essential to the overall these federal Medicaid dollars to pave The remainder of the federal share success of welfare reform. Many of the roads, to build prisons and stadiums, should be used by states to fund health families remaining on welfare face sub- and to fund state tax cuts. Those are care and early learning initiatives stantial barriers to employment in- not appropriate uses for Medicaid dol- which they select. States could either cluding lack of educational and work- lars. Congress has a vital interest in use the additional resources to supple- force skills, substance abuse, domestic how those federal dollars are used. ment existing programs in these areas, violence, and disability. States antici- Fifty-seven cents of every Medicaid or to fund creative new state initia- pate that greater investments will be dollar spent by the states comes from tives to improve public health and pro- required if families are going to suc- the federal government. The cost of mote child development. cessfully transition from welfare-to- Medicaid expenditures to treat people Smoking has long been America’s work. As an increasing number of fami- suffering from smoking-induced disease foremost preventable cause of disease lies with infants and young children was at the core of state lawsuits and early death. It has consumed an move into the work force, the need and against the tobacco industry. While the enormous amount of the nation’s competition for child care, particularly federal government could legally de- health care resources. Finally, re- during evening hours, will continue to mand that the states reimburse Wash- sources taken from the tobacco compa- expand. Without assistance, many ington from their settlements, I be- nies would be used to improve the na- states will not be able to provide need- lieve the states should be allowed to tion’s health. A state could, for exam- ed services to low-income families. keep one hundred percent of the ple, use a portion of this money to help

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2890 CONGRESSIONAL RECORD — SENATE March 18, 1999 senior citizens pay for prescription The states are entitled to the full OFFICE OF THE ATTORNEY GENERAL, drugs, or to provide expanded health amount of their settlement. Years ago, Boise, ID, January 13, 1999. care services to the uninsured. Funds the states began to organize their case Hon. LARRY CRAIG, could be used to support community against the tobacco industry. They U.S. Senate, Washington, DC. Re: Idaho tobacco settlement monies. health centers, to reduce public health sought assistance from the federal gov- DEAR SENATOR CRAIG: You are no doubt risks, or to make health insurance ernment in their efforts, but received aware that Idaho settled its lawsuit against more affordable. none. The states took on all the risk, the tobacco defendants. Under the settle- For years, the tobacco companies and invested all of the time, money and ment agreement, Idaho is set to receive an- callously targeted children as future energy. They have been rewarded for nual payments totaling $711 million over the smokers. The financial success of the their commitment to the case with a first 25 years of the settlement. Now that the entire industry was based upon addict- landmark settlement. It is unfair for settlement is complete, it is my under- ing kids when they were too young to standing that the Clinton Administration in- Congress, at this very late stage, to dip tends to lay claim on a significant portion of appreciate the health risks of smoking. into the state’s multi-billion dollar settlement monies for its own use. This is It is particularly appropriate that re- settlement. What’s more, last year wrong. I ask that you help Idaho protect sources taken from this malignant in- Congress made attempts at a federal itself from this money grab by supporting dustry be used to give our children a settlement but failed. Congress is in no appropriate federal legislation. better start in life. States could use a position to interfere with what the Idaho was one of 40 states that filed suit portion of these funds to improve early states have independently accom- against various tobacco defendants, alleging learning opportunities for young chil- plished. violations of various state statutes. In Ida- dren, or to expand child care services, ho’s complaint we sought reparation for Mr. CRAIG. Mr. President, as a co- damages incurred by the State, as well as or for other child development initia- sponsor of Senator HUTCHINSON’S bill to civil penalties, costs, and fees as a result of tives. protect the states’ claims on the funds the defendants’ actions. We alleged as dam- Congress has an overwhelming inter- from the settlement that they nego- ages the increased Medicaid costs attrib- est in how the federal share of these tiated with the tobacco industry, I op- utable to tobacco use, which Idaho has spent, dollars is used. They are Medicaid dol- pose the Harkin-Specter amendment. as well as the increased insurance premiums lars. They should not be used for road attributable to smoking that the State has I am not a lawyer, and maybe that’s paid for its state employees. We sought civil repair or building maintenance. They why I’m not particularly impressed by should be used by the states to create penalties under our consumer protection all the legal hairsplitting we’ve been laws. a healthier future for all our citizens, hearing from the government’s lawyers Section 1903(d) of the Social Security Act and particularly for our children. about their claim to these funds. But provides that a State must allocate from the These problems with the supple- you don’t have to be a lawyer to recog- amount of any Medicaid-related recovery mental need to be fixed. Congress nize unfairness when you see it. ‘‘the pro-rata share to which the United shouldn’t let emergency assistance get States is equitably entitled.’’ Relying upon In fact, I think my little grand- bogged down by these extraneous pro- this statute, it is our understanding that the daughter would recognize the story visions. A clean supplemental should Health Care Financing Administration will that’s unfolding in Washington today: be approved as quickly as possible so be taking the position that Idaho’s settle- it’s called the ‘‘Little Red Hen.’’ As my that this aid can go out quickly to ment payments represent a credit applicable colleagues probably will recall, this to Idaho’s Medicaid program, regardless of those in greatest need. story is about some people doing all whether the monies are received directly by Mr. GRASSLEY. Mr. President, I rise the State’s Medicaid program. This should today to express my opposition to the the work and other people, who didn’t lift a finger to help, wanting to share not be so. amendment offered by Senators SPEC- It is not equitable for the federal govern- in the product of that work. TER and HARKIN that is based on a ment to take the fruits of the states’ efforts. ‘‘Washington Knows Best’’ policy. In this case, we have the states who This is particularly true in this case. Idaho Under this amendment, every Gov- initiated lawsuits against the tobacco filed its suit, took significant risks, and ernor—each year—for the next 25 years industry, who took all the risks, who fought for significant changes in how the to- received no assistance from the federal bacco industry will market its products. would be required to submit a plan to What did the Clinton Administration do in Washington asking for permission on government in making their claims, and who ultimately succeeded in nego- this regard with the federal government’s how to spend fifty percent of the vast resources? Nothing. state’s own money. I’m voting ‘‘no’’ to tiating the historic Master Settlement I have great confidence that Idaho’s Legis- this ‘‘Washington Knows Best’’ amend- Agreement last November. Now that lature will properly determine how Idaho’s ment. the work has been done by these 46 lit- tobacco proceeds should be spent. I am sure My state of Iowa stands ready to re- tle red hens, and the other four who ne- you share that trust as well. That will not ceive $1.7 billion over the next 25 years gotiated individual settlements, the happen, however, if the federal government is allowed to take that money and spend it for its share of this landmark settle- federal government wants to sweep in and take over. as it pleases. I ask for your assistance in ment. Iowa began a thoughtful process making sure that does not happen. years ago to establish a framework to Mr. President, I do not think what we Sincerely, guide the state on how to utilize these have here is an attempt to assert legal ALAN G. LANCE, new resources should the state succeed rights, but an attempt to assert con- Attorney General. with its case against the tobacco indus- trol. Quite simple, the federal govern- Mr. CRAIG. I wholeheartedly agree try. Two years ago, after much state ment wants to direct the spending of with Attorney General Lance’s con- and local deliberation, the Iowa Legis- these funds by the states, despite the fidence that the Idaho state legislature lature passed laws establishing a gov- fact that this effort is likely to pro- is quite capable of properly deter- erning framework. Now that success voke more litigation, which in turn mining how Idaho’s share of the to- has come for Iowa, it is prepared. will only prevent the funds from being bacco settlement should be spent. Among top priorities for the use of used to benefit the health or welfare of It is my strong hope that the Senate these new funds are increased medical any state’s residents. I do not think will defeat this amendment and allow assistance and programs to reduce teen the federal government has the law on my state’s legislature, and those of the smoking. Furthermore, Iowa’s Gov- its side, and I know it doesn’t have the other 49 states, to make these decisions ernor Vilsack enthusiastically advo- equities or even common sense on its without interference. cates a number of new initiatives for side. Mrs. MURRAY. Mr. President, we combating teen smoking, including an At this point, I ask unanimous con- have a difficult decision before us. I be- initiative to spend $17.7 million of its sent to have printed in the RECORD a lieve most, if not all of us, hope the settlement money on tobacco preven- letter from Idaho Attorney General Al states will do the right thing and spend tion and control programs. I am con- Lance, objecting to the attempted the tobacco litigation money to stop fident in the leadership of our Gov- money grab. underage smoking, reduce adult smok- ernor and State Legislature in deciding There being no objection, the letter ing, and provide critical public health how to best spend its resources for the was ordered to be printed in the services. I know I am unequivocally well-being of Iowans. RECORD, as follows: committed to those objectives and will

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2891 therefore support the Specter-Harkin I am pleased Senators SPECTER and funds. In addition, we are adamantly opposed amendment to ensure they do so. HARKIN could find the appropriate bal- to any amendments that would restrict how That said, I want the states to have ance between the rights of the states to states spend their tobacco settlement the greatest degree of flexibility and enjoy their well-deserved settlement money. The settlement funds rightfully be- discretion in allocating these settle- long to the states, and states must be given funds and the rights of federal tax- the flexibility to tailor the spending of the ment funds to the health needs of their payers to ensure those funds are spent tobacco funds to the needs of their citizens. residents as possible. This amendment to protect the public health and reduce There is a proposal under consideration, does just that. It broadly requires their future tax obligations under the Harkin/Specter amendment, to require states to spend 20 percent of the settle- Medicare and Medicaid by reducing the states to earmark 20 percent of the settle- ment on programs to reduce the use of cost of tobacco-related illnesses. ment funds for smoking cessation programs, tobacco products, including enforce- The PRESIDING OFFICER. Who and an additional 30 percent for health care ment, school education programs, and programs. Governors are adamantly opposed yields time? to any restrictions on the tobacco settle- advertising campaigns. It also requires Mrs. HUTCHISON. Parliamentary in- 30 percent to be spent on public health. ment funds, but even more so to this pro- quiry. How much time do I have left? posal, because it obligates state tobacco set- If we do not reduce smoking and stop The PRESIDING OFFICER. The Sen- tlement funds to federal programs or to spe- at least some of the 3,000 new kids per ator has 13 minutes. cific state programs only if approved by the day from smoking, the federal taxpayer Mrs. HUTCHISON. Thank you, Mr. Secretary of HHS. will end up the loser. That is why we President. Furthermore, although the nation’s Gov- should have a voice in directing use of Mr. HARKIN. Parliamentary inquiry. ernors agree with the goal of substantially these funds. The Medicare Trust Fund reducing smoking, we are strongly opposed How much time do we have left? to earmarks on smoking cessation on the is financially solvent only until 2009, so The PRESIDING OFFICER. Ten min- we need to do everything possible to re- basis that it represents unsound public pol- utes 11 seconds. icy. There are already four major initiatives duce overall health care costs. If one Mrs. HUTCHISON. Does the Senator that are going into effect to reduce smoking. state does not reduce the deadly im- from Iowa wish to go at this time? Be- 1. The price of tobacco products has al- pact of smoking, the federal taxpayers cause if not, Senator VOINOVICH was ready increased between 40 cents and 50 will foot the bill. So, all American tax- next in line for our side. cents per pack. Additional price increases payers have a big stake in reducing may come over time as companies attempt The PRESIDING OFFICER. Time is to hold profit margins and make settlement smoking. They have the right to push controlled by the Senator from Penn- all states to save their tax dollars by payments. These price increases will sub- sylvania. reducing health care costs. stantially reduce smoking over time. Who yields time? 2. The tobacco settlement agreement al- Still, the Specter-Harkin amendment Mrs. HUTCHISON. Mr. President, I ready contains two major programs funded targets only a portion of settlement yield up to 5 minutes to the Senator at $1.7 billion over ten years dedicated to re- dollars; just that portion that could be ducing smoking. $250 million over the next attributed to the federal share of Med- from Ohio. The PRESIDING OFFICER. The Sen- ten years will go towards creation of a na- icaid. Because Medicaid is a federal- tional charitable foundation that will sup- state partnership and the settlement ator from Ohio is recognized for 5 min- port the study of programs to reduce teen includes claims arising out of this pro- utes. smoking and substance abuse and the pre- gram, federal taxpayers have a valid Mr. VOINOVICH. Mr. President, as a vention of diseases associated with tobacco claim to make in how those settlement former Governor, I introduced my own use. An additional $1.45 billion over five tobacco recoupment legislation. I am years will go towards a National Public Edu- dollars are spent. cation Fund to counter youth tobacco use I am proud of my home state of pleased to be an original cosponsor of Senator HUTCHISON’s and Senator GRA- and educate consumers about tobacco-re- Washington. It has already made a lated diseases. The fund may make grants to HAM’s bipartisan legislation. commitment to public health and states and localities to carry out these pur- smoking reduction. The Specter-Har- Under this settlement, the tobacco poses. kin amendment only reinforces what companies agreed to pay 46 States, in- 3. The settlement agreement has a signifi- my state has done. Once again Wash- cluding Ohio, $206 billion over 25 years. cant number of restrictions on advertising ington state is a leader on protecting Four other States previously won a $40 and promotion. The settlement prohibits tar- public health and saving the premature billion settlement. Ohio was slated to geting youth in tobacco advertising, includ- ing a ban on the use of cartoon or other ad- death of five million of today’s chil- receive $9.8 billion over 25 years, begin- ning with $400 million in 2000 and 2001. vertising images that may appeal to chil- dren. I have attached a letter I received dren. The settlement also prohibits most from the Western Pacific Division of I just want you to know that the Na- outdoor tobacco advertising, tobacco product the American Cancer Society urging tion’s Governors are adamantly op- placement in entertainment or sporting me to support this amendment for posed to imposing restrictions on State events, and the distribution and sale of ap- these very reasons, to support the funding. I have distributed a letter parel and merchandise with tobacco com- ‘‘health of our kids and our families.’’ from the chairman and vice chairman pany logos. Further, the settlement places I also continue to support Senator of the National Governors’ Association. restrictions on industry lobbying against local, state, and federal laws. Over time, HUTCHINSON’s work to ensure the states It will be on the desk of all of the Sen- receive the credit they deserve. They ators expressing their adamant opposi- these restrictions on tobacco companies’ ability to market their products to children have scored a major victory for public tion to the amendment. and young adults will have a major impact health. The success of the Attorney’s Mr. President, I ask unanimous con- on smoking. General in their settlement with the sent that letter be printed in the 4. States are already spending state funds tobacco companies is unprecedented. I RECORD. on smoking cessation and will substantially applaud them and especially Washing- There being no objection, the letter increase funding as the effectiveness of pro- ton’s Attorney General, Chris Gregoire, was ordered to be printed in the grams becomes established. Many states have already invested years in program de- who has been a champion in this cause. RECORD, as follows: The federal government must not sign, modification, and evaluation to deter- NATIONAL GOVERNORS’ ASSOCIATION, mine the best ways to prevent youth from rely on the states to do all of its work March 17, 1999. taking up cigarette smoking and helping for them. It is the responsibility of the Hon. TRENT LOTT, youth and adults quit smoking. Governors federal government to recover Med- Majority Leader, U.S. Senate, and states are highly motivated to imple- icaid funds and I will urge the Adminis- The Capitol, Washington, DC. ment effective programs. We see the human tration to move forward with necessary Hon. THOMAS A. DASCHLE, and economic burdens of tobacco use every litigation. The federal government Minority Leader, U.S. Senate, day in lost lives, lost wages and worker pro- must seek restitution from the tobacco The Capitol, Washington, DC. ductivity, and medical expenditures for to- companies for the years of lies and de- DEAR MAJORITY LEADER AND SENATOR bacco-related illnesses. DASCHLE: As the Senate moves forward with All of these initiatives are likely to sub- ception that have resulted in the pre- consideration of the Emergency Supple- stantially reduce tobacco consumption. It mature deaths of millions of Ameri- mental Appropriations bill, we write to in- would be foolish to require large expendi- cans. Smoking-related illnesses are form you of the nation’s Governors’ strong tures over the next 25 years to such pro- still the number-one killer of Ameri- support for language now included in the bill grams without a good sense of how these ini- cans. that would protect state tobacco settlement tiatives will reduce the current level of

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2892 CONGRESSIONAL RECORD — SENATE March 18, 1999 smoking. Any additional expenditures for licly to spending these funds for the Mrs. HUTCHISON. I yield Senator smoking cessation must be carefully coordi- health and welfare needs of their citi- BROWNBACK up to 3 minutes. nated with these other four major policy ini- zens. The PRESIDING OFFICER. The Sen- tiatives as they will cause smoking behavior The majority of the Governors have ator from Kansas is recognized for 3 to shift dramatically. Furthermore, while there have been some studies on the effec- already made commitments to create minutes. tiveness of alternative smoking cessation trust funds and escrow accounts that Mr. BROWNBACK. I thank the au- programs, the ‘‘state of the art’’ is such that will ensure that the tobacco settlement thor of this amendment from Texas, as we just do not know what types of programs funds are spent on health care services well as our colleague from Florida. are effective. States are still in the process for children, assistance for growers in The idea that we would tell the of experimentation with effective methods of the States that will be affected, edu- States how to spend this money from preventing and controlling tobacco use; cation, and smoking cessation. this litigation is absolutely wrong. It is there is no conclusive data that proves the Two major programs—this is really just wrong on its face. The people who efficacy of any particular approach. are proposing it, I respect their moti- Governors feel it would be wasteful, even important—in the settlement are al- counterproductive to mandate huge spending ready dedicated to reducing teen smok- vation; they are trying to reach out requirements on programs that may not be ing and educating the public about to- and save lives and to stop these health effective. Governors need the flexibility to bacco-related diseases. Two hundred problems. I think their motivation is target settlement funds for state programs and fifty million dollars will create a appropriate, but the direction and the that are proven to improve the health, wel- national charitable foundation to sup- apportionment that is taking place on fare, and education of their citizens to en- port the study of programs to reduce the States is the wrong way to do it. sure that the money is wisely spent. Fur- teen smoking and substance abuse and In every State in the country that thermore, the federal government must has been a part of this litigation, there maintain its fiscal commitment to vital prevent diseases associated with to- health and human services programs, and bacco use. An additional $1.5 billion is now ongoing a healthy and vigorous not reduce funding in anticipation of in- will create a National Public Edu- debate about how best to spend the to- creased state expenditures. cation Fund to counter youth tobacco bacco settlement funds. It is happening We strongly urge you to vote against the use and educate consumers about to- in Kansas, my State. I am being con- Harkin/Specter amendment and support bacco-related diseases. tacted by the Kansas Legislature in flexibility for states to tailor the spending of In addition, the settlement agree- very strong terms. ‘‘Do you not think the tobacco funds to the needs of their citi- ment has significant restrictions on ad- that we care about what happens to the zens. people here? Do you not have enough Sincerely, vertising and promotion—such as bans Gov. THOMAS R. CARPER, on advertising and lobbying against problems in Washington to deal with, Chairman, State of Delaware. local, State, and Federal laws—which that you have to tell us what to do Gov. MICHAEL O. LEAVITT, will have an impact on youth smoking. with this? We are the ones who brought Vice Chairman, State of Utah. In other words, the tobacco companies this litigation forward.’’ They are quite Mr. VOINOVICH. The proposition is can no longer lobby against legislation offended that we would try to direct clearly unsupportable, for the fol- that will deal with cessation of use of them and tell them what to do with lowing reasons: tobacco. these funds that they pursued in litiga- First of all, States filed complaints States are already spending State tion and that they need. They are of- that included a variety of claims—con- funds on smoking cessation. They don’t fended as well because they think we sumer protection, racketeering, anti- need the Federal Government to put a don’t believe they know what is best trust, disgorgement of profits and civil mandate in place. There is simply no for Kansans. penalties for isolations of State laws. way that States can spend 20 percent of I agree with them. I laud my col- Medicaid was just one of the many these funds on smoking cessation pro- league from Texas, Senator HUTCHISON, issues in many cases. Furthermore, grams. These programs cannot absorb in what she is doing. I note, as well, State-by-State allotments were deter- this level of funding. As smoking levels that in Kansas in the debate and in the mined by the overall health care costs decline, as expected under the settle- funding proposal that we have, 50 per- in each State and not based on Med- ment, it will become impossible for cent of all the funds to Kansas are icaid expenditures—not based on Med- States to spend this level of funding ef- going to children’s health care program icaid expenditures. fectively. funds for prevention and cessation. We Medicaid was not even mentioned in This amendment forces States to are putting in 50 percent which was en- some cases. As a matter of fact, in Ohio spend an incredible—listen to this—$49 acted in the legislature. But we should the Medicaid claim was thrown out of billion on just one objective: Denying not require them to go to HCFA after court. The Federal Government was in- them the ability to use these funds to they have appropriated the money and vited to participate in the lawsuits, but best meet the needs of their citizens. see if they agree or see if they are the Federal Government declined. The notion that the compassion and going to have to do something dif- States bore the risk of initiating the wisdom of Washington exceeds that of ferent. suits and the burden of the unprece- our State capitals is not only wrong, it With almost unprecedented una- dented lawsuits against a well-financed is offensive. The Governors and the nimity, every State Governor, Attor- industry. It was not until after the local government officials in this coun- ney General, and State legislature has States prevailed that the Federal Gov- try care as much about smoking ces- directly backed the Hutchison-Graham ernment became interested. sation as the Members of this Congress. language. In fact, in many cases it is The tobacco settlement negotiated I will never forget during welfare re- the No. 1 Federal issue for the 106th between attorneys general and the to- form the people who were telling us Congress by a number of these groups. bacco companies is completely dif- that we didn’t care as much about peo- I applaud my colleague. The debate is ferent from the agreement that failed ple as the people in Washington. They happening at the right place now. We to pass in the 105th Congress. said it would be a race to the bottom. should not impose a ‘‘Washington With the failure of that legislation, The fact of the matter is, it is a race to knows best’’ approach. the States were forced to proceed with the top. Mrs. HUTCHISON. I yield up to 4 their own State-only lawsuit and set- Mr. President, I think we should minutes to the Senator from Ken- tlement. overwhelmingly defeat this amend- tucky. States must be given the flexibility ment. It is not appropriate for this Mr. MCCONNELL. I thank the Sen- to tailor their spending to the unique piece of legislation. ator from Texas for her outstanding needs of their citizens. And States will The PRESIDING OFFICER. The Sen- leadership on this issue. As has been spend their funding on a variety of ator from Texas. stated by all the speakers, basically local needs—health, education, welfare, Mrs. HUTCHISON. How much time this is an amendment to tell the States smoking cessation programs. remains? how to spend money that they achieve Many Governors, through their state- The PRESIDING OFFICER. The Sen- through a settlement with the tobacco of-the-State speeches or proposed legis- ator from Texas has 7 minutes 37 sec- industry. Not only money, but a huge lation, have already committed pub- onds. amount of money—$40 billion—just on

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2893 tobacco use reduction advertising and Mr. LOTT. Parliamentary inquiry. things like that; but I daresay they did programs. Rather than just waiting here, whose not bring these suits against the to- To contrast that with the advertising time is being used? bacco companies because the tobacco budgets of private enterprise in this The PRESIDING OFFICER. The time companies weren’t building enough country, ‘‘Advertising Age’’ said U.S. of the Senator from Pennsylvania is highways or sports arenas or prisons or companies spend a total of $208 billion running. If neither side is yielding anything else. What they brought it on on advertising all of their products last time, time will have to be deducted was the health problems that tobacco year. The top 100 advertisers spent a equally between both sides. companies are causing their people. total of $58 billion last year. In Cali- Mrs. HUTCHISON. Mr. President, I Well, I might also point out that, in fornia and New York, this would mean reserve the remainder of my time. the previous settlement with the $5 billion worth of ads to each of those The PRESIDING OFFICER. Unless Liggett tobacco company, some States States; in Pennsylvania, $2.25 billion the Senator gets unanimous consent, did give back their portion of that set- worth of ads; and in my State, $700 mil- time will be deducted equally. tlement to the Federal Government, lion worth of ads. Mrs. HUTCHISON. I ask unanimous covering the Medicaid portions of those Mr. President, this would be one of consent that my 40 seconds be reserved. costs. I don’t have the exact figures, the most massive advertising cam- The PRESIDING OFFICER. Without but I believe Florida was one of those paigns in the history of the country, objection, it is so ordered. States—Florida, Louisiana, and Massa- probably the most massive in the his- Mr. SPECTER addressed the Chair. chusetts were the three States that re- tory of the country—public or private. The PRESIDING OFFICER. The Sen- turned some of that money. So that is Because advertising rates in my home ator from Pennsylvania. really what this is about. State are not particularly high, that Mr. SPECTER. Mr. President, I yield I know the Governors have weighed could translate into over 1,000 days of 5 minutes to the Senator from Iowa. in on this, both Democrats and Repub- nonstop TV commercials. That is al- The PRESIDING OFFICER. The Sen- licans. Well, I can understand their most 3 years. And we think political ator from Iowa is recognized. point. They are trying to get as much campaigns go on too long. Mr. HARKIN. Mr. President, I thank money as they can for their States; Contrast this with all Federal Gov- my chairman and friend from Pennsyl- that is their responsibility. But it ernment drug control spending of $16 vania for his leadership on this issue. seems to me that we have to look at billion. Members get the picture. If the Again, let’s cut through all the argu- the national picture and what this is Specter amendment were approved, we ments, all the smoke and the haze, if all about. It is about health care and would have the Federal Government you will. What is this about? It is cutting down on teen smoking. That is spending more money, by far, attack- about public health. It is about cutting what this is really about. ing a legal product than the Clinton down on youth smoking. That is what To cut through all the smoke and administration currently spends in its it is about. haze, let us do our responsibility to the war on drugs. There is $40 billion tar- Now, my friend from Florida—with Federal taxpayers, to the Medicaid geted at tobacco use, $16 billion against whom I wanted to engage in a colloquy, Program, and give some guidance and illegal drug use. It makes a person but I understand he had to go to a com- direction—not explicitly saying how wonder if it would be better to simply mittee meeting—pointed out that a lot the States have to spend it; let them pay America’s 40 million smokers $1,000 of the States sued on different bases— use their wisdom—but give them guid- apiece to quit. Send them $1,000 checks RICO, racketeering, prices—but 32 ance and direction and say that at each, to quit. It would be a lot cheaper States, including Florida, included least 20 percent has to be used for than what we have before the Senate. Medicaid. As any good lawyer can tell smoking cessation and 30 percent for a As has been stated by other speakers, you, it is the old ‘‘spaghetti theory’’ of broad variety of other public health the National Governors’ Association suing. You just throw the spaghetti at measures, including helping tobacco has strongly committed itself to sup- the wall, and whatever sticks, that is farmers switch from that crop to oth- porting antitobacco programs in the what you go on. They just threw a ers. It is the only decent thing to do. respective States. The States know bunch of stuff in there when they sued I reserve the time I have. How much better how to spend this money and to recoup from the tobacco companies. time do I have? will do so efficiently through existing But it is interesting to note that, in The PRESIDING OFFICER. The Sen- State mechanisms. If the Federal Gov- the final settlement, the States waived ator from Pennsylvania has 4 minutes ernment dictates how the States their rights in the future to sue to re- 31 seconds. should spend the money and the mech- claim any moneys under Medicaid. Mr. HARKIN. I yield that back to the anisms are not there, the States will Why was that put in there? I will tell Senator from Pennsylvania. have to create them—creating even you why. Because the tobacco compa- Mr. LOTT addressed the Chair. more bureaucracy. nies wanted it in there, because it not The PRESIDING OFFICER. The ma- The final outrage is that this amend- only precluded the States from suing, jority leader is recognized. ment requires the elected Governors of it precludes the Federal Government Mr. LOTT. Mr. President, since all the States to report to Secretary from recouping Federal shares of time has been used, except for maybe 5 Shalala on how they are going to spend money for the health costs that we pay minutes—40 seconds for the opponents their money. This is truly an egregious out in Medicaid to take care of people and 41⁄2 minutes or so for the pro- effort by the Federal Government to who are sick and dying of tobacco-re- ponents—I would like to use leader dictate to the States how they ought to lated illnesses. That is what this is all time to state my position on this issue. spend money that they are entirely en- about. This morning I happened to be listen- titled to under any system of justice. Some say we should not mandate to ing to one of the Washington, DC, all- Let me repeat: This calls for a $40 bil- the States how to spend their money. news radio stations. There was an ad lion advertising campaign against a We are not trying to do that. The basis on there done by the Lieutenant Gov- legal product, yet the Federal Govern- of this is public health. At least a por- ernor of Maryland, Kathleen Kennedy ment currently spends only $16 billion tion of the Federal moneys—not even Townsend, speaking about the impor- in its illegal drug enforcement effort. all of it—ought to go to smoking ces- tance of tobacco cessation campaigns. The Hutchison proposal is the correct sation programs and for a variety of Now, I wondered who paid for that, how one. This amendment should be de- other public health programs. that was being supported. Why was a feated. The Senator from Pennsylvania Lieutenant Governor—a candidate for The PRESIDING OFFICER. The Sen- knows as well as I do—we sit on the Governor—being used in this ad? It re- ator from Pennsylvania has 10 minutes Appropriations Committee as chair- lates to this whole debate. I think 11 seconds, and the Senator from Texas man and ranking member—we have a probably the State of Maryland is pay- has 40 seconds. lot of public health needs out there. We ing for that campaign, or maybe it is a Mr. LOTT addressed the Chair. are getting shortchanged. I know campaign unrelated to all this. But the The PRESIDING OFFICER. The ma- States have needs for highways, point there is that there is already a jority leader is recognized. bridges, sports arenas, prisons and lot being done, and there is going to be

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2894 CONGRESSIONAL RECORD — SENATE March 18, 1999 a lot more done in the smoking ces- NATIONAL GOVERNORS ASSOCIATION, increase funding as the effectiveness of pro- sation campaigns by the States. March 17, 1999. grams becomes established. Many states Hon. TRENT LOTT, have already invested years in program de- Mr. President, this is a very funda- Majority Leader, sign, modification, and evaluation to deter- mental argument. It goes to the heart U.S. Senate, mine the best ways to prevent youth from of the broader question: Does the Fed- The Capitol, taking up cigarette smoking and helping Washington, DC. youth and adults quit smoking. Governors eral Government have the great wis- and states are highly motivated to imple- dom reposing here in the Secretary of Hon. THOMAS A. DASCHLE, Minority Leader, ment effective programs. We see the human HHS, or do States have a certain mod- U.S. Senate, and economic burdens of tobacco use every icum of wisdom of their own? The Capitol, day in lost lives, lost wages and worker pro- ductivity, and medical expenditures for to- Frankly, I trust the Governor of Washington, DC. DEAR MAJORITY LEADER AND SENATOR bacco-related illnesses. Pennsylvania and the legislature in DASCHLE: As the Senate moves forward with All of these initiatives are likely to sub- Pennsylvania. I trust the Governors of consideration of the Emergency Supple- stantially reduce tobacco consumption. It Iowa and Illinois, and the legislature in mental Appropriations bill, we write to in- would be foolish to require large expendi- form you of the nation’s Governors’ strong tures over the next 25 years to such pro- Ohio, and in my own State, to make support for language now included in the bill grams without a good sense of how these ini- the best decision for the people in that that would protect state tobacco settlement tiatives will reduce the current level of State. There are those here who think funds. In addition, we are adamantly opposed smoking. Any additional expenditures for the Federal Government has to review to any amendments that would restrict how smoking cessation must be carefully coordi- this, the Federal Government has the states spend their tobacco settlement nated with these other four major policy ini- money. The settlement funds rightfully be- tiatives as they will cause smoking behavior answer, the Federal Government must long to the states, and states must be given to shift dramatically. Furthermore, while direct how this money is spent. I don’t the flexibility to tailor the spending of the there have been some studies on the effec- agree with that. That is the funda- tobacco funds to the needs of their citizens. tiveness of alternative smoking cessation There is a proposal under consideration, mental argument here on this issue programs, the ‘‘state of the art’’ is such that the Harkin/Specter amendment, to require we just do not know what types of programs and on a lot of others, as well. states to earmark 20 percent of the settle- are effective. States are still in the process First, a little history. How did this ment funds for smoking cessation programs, of experimentation with effective methods of and an additional 30 percent for health care all begin? Well, whether you agree with preventing and controlling tobacco use; programs. Governors are adamantly opposed there is no conclusive data that proves the it or not, or whether I like it or not, it to any restrictions on the tobacco settle- efficacy of any particular approach. began in my State of Mississippi. An ment funds, but even more so to this pro- Governors feel it would be wasteful, even attorney general developed this lawsuit posal, because it obligates state tobacco set- counterproductive to mandate huge spending and, to their credit, they did a fan- tlement funds to Federal programs or to spe- requirements on programs that may not be cific State programs only if approved by the tastic job. The Federal Government effective. Governors need the flexibility to Secretary of HHS. target settlement funds for state programs wasn’t involved. The Federal Govern- Furthermore, although the Nation’s Gov- that are proven to improve the health, wel- ment could not find a way to get in- ernors agree with the goal of substantially fare, and education of their citizens to en- volved. They did it. It was Mississippi, reducing smoking, we are strongly opposed sure that the money is wisely spent. Fur- to earmarks on smoking cessation of the thermore, the federal government must Florida, Texas, Washington State, all basis that it represents unsound public pol- across the Nation. The States, through maintain its fiscal commitments to vital icy. There are already four major initiatives health and human services programs, and their attorneys general and their law- that are going into effect to reduce smoking. not reduce funding in anticipation of in- 1. The price of tobacco products has al- yers, did the job and they got settle- creased state expenditures. ready increased between 40 cents and 50 ments. They got the money. They won cents per pack. Additional price increases We strongly urge you to vote against the the issue. may come over time as companies attempt Harkin/Specter amendment and support flexibility for states to tailor the spending of Now, the Federal Government shows to hold profit margins and make settlement payments. These price increases will sub- the tobacco funds to the needs of their citi- up and says, oh, by the way, give me stantially reduce smoking over time. zens. that. The truth of the matter is, there 2. The tobacco settlement agreement al- Sincerely, are many people in this city who think ready contains two major programs funded Gov. THOMAS R. CARPER, Chairman, State of Delaware. all of that money, or somewhere be- at $1.7 billion over ten years dedicated to re- ducing smoking. $250 million over the next Gov. MICHAEL O. LEAVITT, tween 50 and 77 percent of that money, ten years will go towards creation of a na- Vice Chairman, State of Utah. should come to Washington, even tional charitable foundation that will sup- though the Federal Government did port the study of programs to reduce teen WASHINGTON, DC, nothing to win this settlement. They smoking and substance abuse and the pre- March 15, 1999. Hon. TRENT LOTT, weren’t a positive force. But they have vention of diseases associated with tobacco use. An additional $1.45 billion over five U.S. Senate, Russell Senate Office Building, the temerity to show up and say the years will go towards a National Public Edu- Washington, DC. law requires this or that and they want cation Fund to counter youth tobacco use DEAR SENATOR LOTT: I am writing to ex- that money. I want to emphasize again and educate consumers about tobacco-re- press the Administration’s strong opposition that you are talking about a very sub- lated diseases. The fund may make grants to to the provision approved by the Senate Ap- propriations Committee as part of the FY stantial portion of that money. states and localities to carry out these pur- poses. 1999 supplemental appropriations bill that Now, I want to submit for the 3. The settlement agreement has a signifi- would prohibit the Federal Government from recouping its share of Medicaid funds in- RECORD—I don’t know if there are al- cant number of restrictions on advertising and promotion. The settlement prohibits tar- cluded in the states’ recent settlement with ready in the RECORD—a letter I re- geting youth in tobacco advertising, includ- the tobacco companies. The Administration ceived from the National Governors’ ing a ban on the use of cartoon or other ad- is eager to work with the Congress and the Association, signed by Governor Carper vertising images that may appeal to chil- states on an alternative approach that en- of Delaware, a Democrat, and Michael dren. The settlement also prohibits most sures that these funds are used to reduce Leavitt, the Republican Governor of outdoor tobacco advertising, tobacco product youth smoking and for other shared state placement in entertainment or sporting and national priorities. Utah, addressed to Senator DASCHLE events, and the distribution and sale of ap- Under the amendment approved by the and myself. parel and merchandise with tobacco com- committee, states would not have to spend a I ask unanimous consent that this pany logos. Further, the settlement places single penny of tobacco settlement funds to restrictions on industry lobbying against reduce youth smoking. The amendment also letter be printed in the RECORD, along local, state, and federal laws. Over time, would have the practical effect of foreclosing with a letter I received from Secretary these restrictions on tobacco companies’ any effort by the Federal Government to re- Shalala. ability to market their products to children coup tobacco-related Medicaid expenditures in the future, without any significant review There being no objection, the letters and young adults will have a major impact on smoking. and scrutiny of this important matter by the were ordered to be printed in the 4. States are already spending state funds appropriate congressional authorizing com- RECORD, as follows: on smoking cessation and will substantially mittees.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2895 Section 1903(d) of the Social Security Act sation on the basis that it represents fight just such ideas as this, that the specifically requires that the States reim- unsound public policy. Federal Government has the answers burse the Federal Government for its pro- They then go on to say that there are and should have the control. We should rata share of Medicaid-related expenses that many things already being done. In reject this amendment and allow the are recovered from liability cases involving fact, the settlement agreement con- third parties. The Federal share of Medicaid States to do what is best for their peo- expenses ranges from 50 percent to 77 per- tains two major programs funded at ple. They know what the needs are. cent, depending on the State. States rou- $1.7 billion over 10 years dedicated to They will provide the right decision. tinely report third-party liability recoveries reducing smoking, and $250 million I yield the floor. as required by law. In 1998, for example, over the next 10 years will go toward Mr. SPECTER addressed the Chair. states recovered some $642 million from the creation of a national charitable The PRESIDING OFFICER (Mr. third-party claims; the Federal share of foundation that will support the study ALLARD). The Senator from Pennsyl- these recoveries was $400 million. Over the of programs to reduce teen smoking. last five years, Federal taxpayers recouped vania. An additional $1.45 billion over 5 years Mr. SPECTER. Mr. President, Sen- over $1.5 billion from such third-party recov- will go toward the National Public eries. ator KENNEDY has been tied up in com- Education Fund to counter youth to- Despite recent arguments by those who mittee. He has requested 1 minute. I bacco use and educate consumers about would cede the Federal share, there is con- am anxious to see how the distin- siderable evidence that the State suits and tobacco-related diseases. So there is a great deal already being guished Senator from Massachusetts their recoveries were very much based in will handle the single minute. I yield 1 Medicaid. In fact, in 1997, the States of Flor- done. There is a significant number of ida, Louisiana and Massachusetts reported restrictions in the settlement with re- minute to the Senator. the settlement with the Liggett Corporation gard to advertising and promotion of The PRESIDING OFFICER. The Sen- as a third-party Medicaid recovery, and a smoking. The States are already, on ator from Massachusetts is recognized. portion of that settlement was recouped as their own, spending funds for the Mr. KENNEDY. I thank the Senator, the Federal share. smoking cessation campaign. and the Chair. Some also have argued that the States are Mr. President, let me just add my entitled to reap all the rewards of their liti- The Governors need flexibility. That gation against the tobacco industry and that is what they say. In one State, perhaps, voice in support of the Specter-Harkin the Federal Government can always sue in they need more money for smoking amendment. Basically, as we all know, the future to recover its share of Medicaid cessation. Fine. Perhaps they need the States have waived the Federal claims. This argument contradicts the law more money for child health care. I Medicaid rights. So they understand and the terms of the recent State settle- think under this amendment that that there are Federal interests. I ment. As a matter of law, the Federal Gov- would be fine. But in another State think it is pretty understandable to all ernment is not permitted to act as a plaintiff perhaps they need it for HOPE scholar- of us, because we understand how the in Medicaid recoupment cases and was bound ships, like Governor Engler in Michi- Medicaid Program was established. by the law to await the States’ recovery of both the State and Federal shares of Med- gan has been talking about. Or perhaps The really compelling interest that icaid claims. Further, by releasing the to- in another State, like my own, they was successful in the States that bacco companies from all relevant claims want to use these funds for juvenile de- brought about the settlement in the that can be made against them subsequently tention facilities, which, by the way, first place related to the health haz- by the States, the settlement effectively pre- would be smoke-free. But there is a ards that individuals were afflicted cludes the Federal Government from recov- real need there. Let the States make with. This seems to me to be an emi- ering its share of Medicaid claims in the fu- those decisions. nently fair and reasonable balance be- ture through the established statutory Again, I want to point out that in the tween the Federal interests and the mechanism. The amendment included in the letter from Secretary Shalala she notes Senate supplemental appropriations bill will State interests. It seems to be focused foreclose the one opportunity we have under that the Federal share of Medicaid ex- in the areas of health care, and also the current law to recover a portion of the bil- penses ranges from 50 to 77 percent. prevention of smoking. I think that is lions of dollars that Federal taxpayers have And they don’t want anything to hap- basically what the families of this paid to treat tobacco-related illness through pen here that would not allow them to country want. It makes a good deal of the Medicaid program. come back around later and try to get common sense. It is consistent with The President has made very clear the Ad- more, or large, chunks of this money. what this whole battle has been about, ministration’s desire to work with Congress I think that is typical Federal Gov- and the States to enact legislation that re- and this is a well targeted, well ernment arrogance: ‘‘We have the solu- thought out, and a very compelling solves the Federal claim in exchange for a tions. We have the greater knowledge.’’ commitment by the States to use that por- amendment to be able to do so. I fundamentally reject that. I think tion of the settlement for shared priorities One of the most disturbing aspects of which reduce youth smoking, protect to- the people closer to the problems are the Supplemental is the inclusion of bacco farmers, assist children and promote closer to the people, whether it is the the Hutchinson Medicaid Amendment. farmers, or the children, or health care public health. I would urge you to oppose ef- This issue does not belong in an emer- forts to relinquish the legitimate Federal needs of the children in their States. I gency appropriations bill. If approved, claim to settlement funds until this impor- represent one of the poorest States in the long-term cost to Medicaid of this tant goal has been achieved. the Nation. We have tremendous needs amendment could be as high as $125 bil- Sincerely, for our children based on problems of lion. No serious consideration has been DONNA E. SHALALA, poverty. We have needs across the Secretary of Health and given to the enormous impact that cost board. We know what those needs are Human Services. could have on national health policy. better than some all-powerful Federal Instead of being used to deter youth Mr. LOTT. The Governors say: Government. . . . we are adamantly opposed to any So I just want to urge that this smoking and to improve the nation’s amendments that would restrict how States amendment be defeated. health, the language in the committee spend their tobacco settlement money. I don’t think, by the way, that every bill would permit states to use these They point out that 20 percent of the year for the next 25 years the States federal Medicaid dollars to pave roads, settlement funds, under this amend- should have to submit their plan to the to build prisons and stadiums, and to ment, would have to go for smoking Department of Health and Human fund state tax cuts. Those are not ap- cessation, and then another 30 percent Services. Maybe the next Department propriate uses for Medicaid dollars. for health care programs. But also will be headed by a Republican-ap- Congress has a vital interest in how what the States do has to be approved pointed Secretary of HHS. ‘‘Frankly, I these federal dollars are used. by the Secretary of Health and Human don’t care, my dear.’’ I think the Fifty-seven cents of every Medicaid Services. Why? What do they have at States can do this on their own. The dollar spent by the states comes from HHS that the various States don’t Federal Government wants the money. the federal government. The cost of have, and why can’t they decide on Or, if they don’t get the money, they Medicaid expenditures to treat people their own what is best for their people? want to control it. suffering from smoking-induced disease They say in their letter they are op- That is one of the reasons I am glad was at the core of state lawsuits posed to earmarks on smoking ces- to serve in the Senate today—so I can against the tobacco industry. While the

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2896 CONGRESSIONAL RECORD — SENATE March 18, 1999 federal government could legally de- Smoking has long been America’s bacco causes. These are funds produced mand that the states reimburse Wash- foremost preventable cause of disease from a tobacco settlement, and if the ington from their settlements, I be- and early death. It has consumed an States do not use these funds in this lieve the states should be allowed to enormous amount of the nation’s way, my legal judgment is that these keep one hundred percent of the health care resources. At long last, re- funds are impressed with a trust en- money. However, the federal share sources taken from the tobacco compa- forceable by any citizen of the State. must be used by the states for pro- nies would be used to improve the na- But this is an accommodation which grams that will advance the goals of tion’s health. A state could, for exam- will allow a reasonable amount of the protecting children and enhancing pub- ple, use a portion of this money to help moneys to be used for tobacco-related lic health which were at the heart of senior citizens pay for prescription purposes. the litigation and are consistent with drugs, or to provide expanded health I reserve the remainder of my time. the purposes of Medicaid. That is what care services to the uninsured. Funds Mrs. HUTCHISON addressed the the Specter-Harkin amendment would could be used to support community Chair. accomplish. I am pleased to be an health centers, to reduce public health The PRESIDING OFFICER. The Sen- original cosponsor of it. It is a fair and risks, or to make health insurance ator from Texas. reasonable compromise of this conten- more affordable. Mrs. HUTCHISON. Mr. President, I tious issue. For years, the tobacco companies believe that this amendment is the While there were a variety of claims callously targeted children as future worst of all worlds. It would require made by the states against the tobacco smokers. The financial success of the every State every year for 25 years to industry, the Medicaid dollars used to entire industry was based upon addict- submit a plan about how it is going to treat tobacco-related illness con- ing kids when they were too young to spend its own money. What happens if stituted by far the largest claim mone- appreciate the health risks of smoking. a State legislature is not in session and tarily, and it formed the basis for the It would be particularly appropriate for the Secretary of HHS says, ‘‘I don’t national settlement. As part of that think your plan meets my standards settlement, every state released the to- resources taken from this malignant for tobacco cessation or health pro- bacco companies from federal Medicaid industry to be used to give our children grams,’’ and the State legislature is liability, as well as state Medicaid li- a healthier start in life. then in the position of losing Medicaid ability. Medicaid expenditures heavily Congress has an overwhelming inter- funds and having to call a special ses- influenced the distribution formula est in how the federal share of these sion to either change its programs to used to divide the national settlement dollars is used. They are Medicaid dol- meet the requirements of the Secretary amongst the states. In light of these lars. They should not be used for road undeniable facts, the dollars obtained repair or building maintenance. They of HHS, or take the hit, or not serve its by the states from their settlements should be used by the states to create own people under Medicaid? Mr. President, this is State money, it cannot now be divorced from Medicaid. a healthier future for all our citizens. States are free to use the state share of I thank the Senator from Pennsyl- is not Federal money. There is no rela- their recoveries in any way they vania for yielding this time. tionship between Medicaid in many of choose. However, Congress has a clear Mr. SPECTER. Mr. President, how these State lawsuits. and compelling interest in how the fed- much time do I have remaining? I hope my colleagues will reject this The PRESIDING OFFICER. The Sen- eral share will be used. amendment. In exchange for a waiver of the fed- ator has 3 minutes. The PRESIDING OFFICER. The Sen- eral claim, states should be required to Mr. SPECTER. I yield myself 2 min- ator from Pennsylvania has 1 minute. use half of the amount of money they utes. Mr. SPECTER. Mr. President, in con- receive from the tobacco industry each Mr. President, in response to the clusion—the most popular words of any year to protect children from tobacco comments by the distinguished major- speech—this proposal is a very modest and improve the nation’s health. If the ity leader on the obligation under this approach on a multibillion-dollar—$200 funds are used in that way, this invest- amendment to submit a plan, it is sim- billion—settlement that has been ment will dramatically reduce future ply not so; States do not have to sub- brought by the chairmen and ranking Medicaid expenditures. mit the plan to the Federal Govern- members of the committees in the Sen- Under the Specter amendment, at ment. All the States have to do is sub- ate charged with allocating funds for least twenty percent of a state’s recov- mit a ‘‘report’’ which shows how the Health and Human Services. There is ery would be spent on programs to funds ‘‘have been spent.’’ So there is no no plan which has to be submitted by deter youth smoking and to help smok- obligation to submit a plan. the Governors. That is repeated again ers overcome their addiction. This When the distinguished majority and again. All the Governors have to would include a broad range of tobacco leader talks about the temerity of the do is say how they will spend the control initiatives, including school Federal Government, there is enough money. I agree with the principle of and community based tobacco use pre- temerity on all sides to go around. But leaving maximum flexibility to the vention programs, counter-advertising that is not the issue here. The States States when we make allocations. But to discourage smoking, cessation pro- brought the lawsuits, because that is this is for a generalized purpose, and grams, and enforcement of the ban on what the law requires, and the States that is all we are asking for here. In sale to minors. Three thousand chil- have an obligation to abide by the deci- light of the very substantial budgetary dren start smoking every day, and one sion of the Secretary of Health and shortfalls, this money ought to be thousand of them will die prematurely Human Services, who makes the allo- used, at least in part, 50 percent for the as a result of tobacco-induced disease. cation. purposes of solving the problems Prevention of youth smoking should Here we have litigation which has caused by tobacco. be, without question, our highest pri- brought a settlement on tobacco-re- I yield the remainder of my time. ority for the use of these funds. The lated causes. This is a modest approach Mrs. HUTCHISON. Mr. President, I state settlements provide the resources on spending, indicating broad stand- move to table the amendment, and I to dissuade millions of teenagers from ards for State compliance, and only 50 ask for the yeas and nays. smoking, to break the cycle of addic- percent related to tobacco. If no legis- The PRESIDING OFFICER. Is there a tion and early death. We must seize lation were enacted on specifics, these sufficient second? that opportunity. funds would certainly be impressed There is a sufficient second. An additional thirty percent would with the trust. The yeas and nays were ordered. be used by states to fund health care When the majority leader talks about The PRESIDING OFFICER. The and public health programs which they spending the funds for juvenile deten- question is on agreeing to the motion select. States could either use the addi- tion, that is very important. But that of the Senator from Texas to lay on the tional resources to supplement existing is simply not related to tobacco. When table the amendment of the Senator programs in these areas, or to fund cre- there is talk about using it for debt re- from Pennsylvania. On this question, ative new state initiatives to improve duction of the States, that is very im- the yeas and nays have been ordered, health services. portant. But it is not related to to- and the clerk will call the roll.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2897 The legislative clerk called the roll. set aside and that the Senator from Ar- the areas residents. Whether it be in- The result was announced—yeas 71, kansas be recognized for up to 15 min- suring a warm meal to a hungry child nays 29, as follows: utes as in morning business. in the early morning or after school ac- [Rollcall Vote No. 53 Leg.] The PRESIDING OFFICER. Without tivities, these women have looked be- YEAS—71 objection, it is so ordered. yond their own world and reached out Abraham Fitzgerald Lott Mrs. LINCOLN. I thank the Senator to others in need. My mother has al- Allard Frist Lugar from Alaska. ways told me that the kindest thing Ashcroft Gorton Mack f you can do for someone is to do some- Bayh Graham McConnell thing nice for their children. And as a Bennett Gramm Moynihan NATIONAL WOMEN’S HISTORY young mother, believing that to be Biden Grams Nickles MONTH Bingaman Grassley Robb true, I am grateful to these and all Bond Gregg Roberts Mrs. LINCOLN. Mr. President, I rise community activists who take the Brownback Hagel Rockefeller today to pay tribute to National Wom- time to care for the less fortunate. Bryan Hatch Roth Bunning Helms en’s History Month. I am proud to have Numerous Arkansas women have Santorum Burns Hollings the privilege of being the youngest ventured into previously uncharted Schumer Campbell Hutchinson Sessions woman ever elected to serve in this territories and established themselves Cochran Hutchison as leaders in the business communities. Collins Inhofe Shelby great body. And I want to use the occa- Conrad Inouye Smith (NH) sion of Women’s History Month to rec- These women, like Patti Upton, found- Coverdell Johnson Smith (OR) ognize just a few women from Arkansas er of Aromatique, Inc. have served as Craig Kerrey Snowe who are paving roads for others to fol- an inspiration to our state’s growing Crapo Kerry Thomas Domenici Kyl Thompson low. I want to thank the many women number of young women who want to Dorgan Leahy Thurmond who have blazed trails for years before pursue business careers. Patti, who Edwards Levin Torricelli me in order to secure a more promi- began this home fragrance endeavor in Enzi Lieberman Voinovich her kitchen in 1982, has turned a per- Feinstein Lincoln Warner nent role for women of all professions, race, or faiths. In my home state of Ar- sonal hobby into an inspiring profes- NAYS—29 kansas, there are many such examples sional growth opportunity. As the cur- Akaka Durbin Murkowski of women who deserve notoriety. rent President and CEO of what has be- Baucus Feingold Murray Judge Bernice Kizer of Fort Smith come one of the nation’s leading home Boxer Harkin Reed Breaux Jeffords Reid was one of the first 5 women to enroll fragrance companies, Patti has most Byrd Kennedy Sarbanes in the University of Arkansas Law recently begun to share her success Chafee Kohl Specter School. After a brief time in private with the rest of the State. Under her Cleland Landrieu Stevens practice, she was elected to represent leadership, Aromatique created a line Daschle Lautenberg Wellstone DeWine McCain Wyden Sebastian County in our state legisla- of products that include potpourri, can- Dodd Mikulski ture. During her tenure in the Arkan- dles, soaps and other products that are The motion to lay on the table the sas General Assembly, Judge Kizer had appropriately named ‘‘The Natural amendment (No. 77) was agreed to. the distinction of being appointed the State.’’ All proceeds from this product Mr. MURKOWSKI. Mr. President, I first woman chairman of any legisla- line go to support the Arkansas Nature move to reconsider the vote. tive committee and the first woman Conservancy and recently Aromatique Mrs. HUTCHISON. Mr. President, I member of the Legislative Council. She surpassed the million dollar mark for move lay that motion on the table. served in that capacity for 14 years, contributions back to this civic organi- The motion to lay on the table was and then returned home to Sebastian zation. agreed to. County to become the first woman Arkansas is the home of other women Mr. MURKOWSKI. Mr. President, I elected a judge in my home state of Ar- who have had dramatic effects in the suggest the absence of a quorum. kansas. Judge Kizer’s accomplishments business world. Diane Heuter is Presi- The PRESIDING OFFICER. The are even more monumental when you dent and CEO of St. Vincent Health clerk will call the roll. understand that over the course of her System and Julia Peck Mobley is CEO The legislative clerk proceeded to 33 year career in public service, she was of Commercial National Bank in Tex- call the roll. elected by Arkansans on 10 separate oc- arkana. Mr. HARKIN. Mr. President, I ask casions without ever accepting one sin- Mr. President, I am so proud to be unanimous consent that the order for gle campaign contribution. At the age able to stand here today in this his- the quorum call be rescinded. of 83, Judge Kizer still serves as an ac- toric Chamber and proclaim my full The PRESIDING OFFICER. Is there tive member of the Sebastian County support and participation in National objection? Democratic Party. Judge Kizer paved Women’s History Month. There is no Mr. MURKOWSKI. Mr. President, it the way for so many Arkansas women doubt that women across this Nation is not my intention to object, but there who are now involved in either the leg- have made very significant contribu- is a matter to clear up with the leader- tions to our lives. Sometimes those islative or judicial branches of our gov- ship, if I may have 30 seconds. contributions are subtle and some ernment. On the Arkansas Supreme Mr. President, I object. times they are significant, but none Court, Justice Annabelle Clinton Imber The PRESIDING OFFICER. Objec- the less worthy of recognition. Let us holds one of the courts seven seats. tion is heard. celebrate the invention of bullet proof Mr. MURKOWSKI. My preference is Secretary of State Sharon Priest and vests, fire escapes, or wind shield wip- to continue the quorum call. I under- State Treasurer Jimmie Lou Fisher ers, all of which can be credited to stand it has been agreed to by my col- serve as two of Arkansas’ constitu- women in our history, as ways to pro- league. tional officers. Today, Arkansas has 20 mote and encourage women of future The PRESIDING OFFICER. The women who serve in our legislature. generations to rise to the level of suc- clerk will continue to call the roll. Community service and philanthropy cess that I have spoken of here today. The legislative clerk continued with are two vital components of life in From this great Chamber, to State leg- the call of the roll. many of the small rural communities islative chambers, from the boardroom Mr. STEVENS. Mr. President, I ask in Arkansas and women have helped to the classroom, from corporate head- unanimous consent that the order for lead the way to improve our quality of quarters to local Head Start, women the quorum call be rescinded. life. My home State of Arkansas ranks make a difference. The PRESIDING OFFICER. Without third in the nation for philanthropic I am grateful for the opportunity af- objection, it is so ordered. giving. The gifts given to the people of forded to me by those who have gone Under the previous order, the Sen- Arkansas have consisted of civic cen- before me, and I hope in my tenure in ator from Texas, Mrs. HUTCHISON, is ters, art centers, and classroom equip- the United States Senate to pave the recognized to offer an amendment rel- ment just to name a few by women like way for many more young women from ative to Kosovo. Helen Walton, Bess Stephens, and Ber- the great State of Arkansas. Mr. STEVENS. Mr. President, I ask nice Jones. These gifts have had a sig- I yield back the remainder of my unanimous consent that that matter be nificant impact on the lives of all of time. Thank you, Mr. President.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2898 CONGRESSIONAL RECORD — SENATE March 18, 1999 Mr. STEVENS addressed the Chair. is one report I have heard—that we are paid. The process is so rapid that the The PRESIDING OFFICER. The Sen- preventing States from taking the administration has not paid the first ator from Alaska. money to put it into their own ac- two quarters of this year yet. So this is f counts. not something we have interfered with We checked and we found that there by deferring money until the second EMERGENCY SUPPLEMENTAL AP- was between $3 billion and $3.5 billion fiscal year. Because, as I said, this ac- PROPRIATIONS ACT FOR FISCAL at the close of fiscal year 1998 in this count would get $16.5 billion credited YEAR 1999 fund. There are two quarters that have to it on October 1. The Senate continued with the con- not even been distributed yet of this What we have done is, in order to sideration of the bill. fiscal year 1999. And it is clear that the avoid this controversy—and we do not Mr. STEVENS. Mr. President, I ask States have spent some money, and need a controversy on this bill. We unanimous consent that the matter of there is plenty of money to meet the need to get it done. This bill, in my the order governing the amendment of States’ expenditures and their requests opinion, is a very important bill. It will the Senator from Texas be set aside so for reimbursement of those expendi- provide money for assistance because that I may offer an amendment. tures. But this is not a fund that the of a great natural disaster in a neigh- The PRESIDING OFFICER. Without States can come to willy-nilly and boring country in this hemisphere. The objection, it is so ordered. transfer the funds to their accounts. President asked us to declare that an AMENDMENT NO. 80 Secondly, Mr. President, we deferred emergency. We have taken the declara- (Purpose: To defer section 8 assistance for this money from obligation in this fis- tion of emergency through as far as the expiring contracts until October 1, 1999) cal year—really until 2001, October 1, outlay categories are concerned, be- Mr. STEVENS. Mr. President, I send 2001. cause it is very difficult to score under an amendment to the desk. The States would not—the bill that the budget process outlays that come The PRESIDING OFFICER. The was reported from the committee—lose from emergency accounts. clerk will report. any of their funds. We, pursuant to the We have not taken an emergency dec- The legislative clerk read as follows: entitlement that was authorized, laration through on those things that The Senator from Alaska [Mr. STEVENS] agreed that Federal funds, taxpayers’ we believe are nonemergency in terms proposes an amendment numbered 80. funds, in the amount of $16.5 billion, of the authorization process. So by Inset on page 43, after line 15: from 1997 through 2002, would be placed that I mean, I fail to understand how ‘‘PUBLIC AND INDIAN HOUSING in this account, to be available to re- we should extend the concept of emer- ‘‘HOUSING CERTIFICATE FUND imburse States for the expenditures gency appropriations to natural disas- ‘‘(DEFERRAL) they made for Assistance to Needy ters off our shores. We should be able ‘‘Of the funds made available under this Families. to find the money, if we want to be heading in Public Law 105–276 for use in con- Nothing in what the Appropriations good humanitarian members of this nection with expiring or terminating section Committee did harmed that program at hemisphere, to assist our neighbors. 8 contracts, $350,000,000 shall not become all. But because by October 1 another I believe we should assist them. But available until October 1, 1999.’’. $16.5 billion would have been added to I do not believe we should use the laws On page 42, strike beginning with line 10 $3 billion to $3.5 billion in that ac- that were intended to demand tax- through the end of line 21. count—and there has never been a payers’ funds immediately to meet nat- Mr. STEVENS. Mr. President, this is drawdown at the rate that would make ural disasters or declared emergencies an amendment that deals with the pro- those funds needed within that period by the President of the United States vision in the bill that was reported of time. within the boundaries of our United from the committee that deferred This is not a rainy day fund. We have States. spending from the temporary assist- been told that some people have said So Mr. President, I offer this amend- ance to needy families account. that States take these monies and put ment in the spirit of compromise, to This will defer, instead, monies from them in a rainy day fund to use at a try and take away this battle that I the section 8 fund of HUD. There is ap- later date. But the law says they can saw coming over the use of TANF proximately $1.2 billion in that ac- only get them to reimburse expendi- funds. No one supports the concepts of count. This will defer for 1 year the use tures. If the administration is allowing this Temporary Assistance to Needy of $350 million in that account. It re- this fund to be used as a rainy day ac- Families. We all know it replaced the places the TANF amendment in the count or a piggy bank account, it is old Aid to Families with Dependent bill. Under that amendment, we de- wrong. Children, the AFDC program, that as- ferred until 2001 the availability of We have had so many calls from so sisted so many States, including mine funds which are transferred to the many States, including my own. And I for so many years. States. see the Senator from New York is here, But this now is a block grant pro- Because of the misunderstanding and I know that they have been be- gram that works in conjunction with about that fund, I want to explain why sieged because of their population base. the welfare-to-work concepts, and that we use that fund in the first place. I am Of course, they are eligible for more is very vital for the States. We know once again alarmed over the misin- money from this account, more than that. And I think the fear that was en- formation that has been spread by anyone other than California. But it gendered in those States that somehow some people in that entity, that agen- depends on how much they spend be- or other we might not keep the com- cy, to try and make it look like some- fore they can get it back. mitment that was made, that if they how or other we took monies away We made the decision to offset this make those expenditures we would from States or any specific State. bill. This is the first time we have off- repay them according to the formula In the first place, these grant awards set totally a supplemental emergency under the law that was passed in 1996, are made quarterly. Actual cash out- bill. I have said to our committee, we the Welfare Reform Act, is unfortunate lays are made, but they are not trans- ought to offset emergency funds with and wrong. ferred to the States until the States prior appropriated emergency funds I hope that someone in the adminis- make expenditures in their TANF pro- and nonemergency funds with non- tration is listening. One of these days I grams, the Temporary Assistance to emergency prior appropriated funds. I will find some way to tweak the nose of Needy Families. In other words, the think we are going to have a little dis- the people who keep doing this, be- States first make the payments, and cussion about that here on the floor. cause they did it in the terms of border we pay it back. Some people, in the But clearly what we have done, Mr. guards last week, and now they are House in particular, have said this a President, is we have used this bill to doing it in terms of the States them- way that the States can use this money reprogram prior appropriated funds. selves in terms of the comments that for a piggy bank. In no way can they These funds that were appropriated to have been made that somehow or other take this money and put it into an- the TANF account are sitting there we were taking money that the States other bank account and draw interest waiting for the States to spend money were entitled to; we were deferring on it if they comply with the law. That and then come and ask for it to be re- money that they were entitled to,

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2899 which they would never get under the The PRESIDING OFFICER. That mo- the President submitted to Congress Feb- process of the law anyway until the tion can be made today or any of the ruary 1, 1999); and time we deferred the expenditures. next 2 following days. (iii) that— As a matter of fact, some people on (I) not later than 120 days after the com- Mr. STEVENS. I shall make it this mencement of the deployment of the Armed this side of the aisle have argued with afternoon, and I ask for the adoption of Forces of the United States to Kosovo, forces me to say this is not a full offset be- the amendment. of the Armed Forces of the United States cause I know that I am offsetting the The PRESIDING OFFICER. The will be withdrawn from on-going military expenditures under this bill against a question is on agreeing to the amend- operations in locations where maintaining fund that would never be expended this ment. the current level of the Armed Forces of the year. That is partially true. That is The amendment (No. 80) was agreed United States (as of the date of certification) why we have declared an emergency, as to. is no longer considered vital to the national far as the outlays, and we have admit- security interests of the United States; and AMENDMENT NO. 81 (II) each such withdrawal will be under- ted that, and we have said that is the (Purpose: To set forth restrictions on deploy- taken only after consultation with the Ma- only way we can do it. But we need to ment of United States Armed Forces in jority Leader of the Senate, the Minority do it. I hope, in particular, my new Kosovo) Leader of the Senate, the Speaker of the friend from New York will understand Mrs. HUTCHISON. Mr. President, I House of Representatives, and the Minority that we are doing this to meet his ob- send an amendment to the desk. Leader of the House of Representatives; jections and others, and we do so in the (B) an explanation of the reasons why the The PRESIDING OFFICER. The deployment of the Armed Forces of the spirit of compromise. clerk will report. Thank you, Mr. President. United States to Kosovo is in the national Mr. SCHUMER addressed the Chair. The legislative clerk read as follows: security interests of the United States; The PRESIDING OFFICER. The Sen- The Senator from Texas [Mrs. HUTCHISON] (C) the total number of the United States proposes an amendment numbered 81. military personnel that are to be deployed in ator from New York. Kosovo and the number of personnel to be Mr. SCHUMER. Thank you, Mr. Mr. STEVENS. Mr. President, I ask committed to the direct support of the inter- President. unanimous consent reading of the national peacekeeping operation in Kosovo, First, I want to, on behalf of Senator amendment be dispensed with. including ground troops, air support, logis- MOYNIHAN and myself, thank Chairman The PRESIDING OFFICER. Without tics support, and intelligence support; STEVENS, as well as Senator BYRD, for objection, it is so ordered. (D) the percentage that the total number their assistance in removing the $350 The amendment is as follows: of personnel of the United States Armed Forces specified in subparagraph (C) bears to million offset from the TANF, Tem- On page 58, between lines 15 and 16, insert the total number of the military personnel of porary Assistance for Needy Families, the following: account, which would have deferred the all NATO nations participating in the inter- TITLE ll RESTRICTIONS ON DEPLOY- national peacekeeping operation in Kosovo; funds until 2002. MENT OF UNITED STATES ARMED (E) a description of the responsibilities of Mr. President, I and many others in FORCES IN KOSOVO the United States military force partici- New York feared that this offset set us SEC. ll01. SHORT TITLE. pating in the international peacekeeping op- off on the wrong course, that it would This title may be cited as the ‘‘llllll eration to enforce any provision of the run counter to the intention of the wel- Act of 1999’’. Kosovo peace agreement; and fare reform bill which allowed States SEC. ll02. DEFINITION. (F) a clear identification of the bench- to set aside TANF funds for use at a In this title, the term ‘‘Yugoslavia’’ means marks for the withdrawal of the Armed later date when welfare rolls would the so-called Federal Republic of Yugoslavia Forces of the United States from Kosovo, to- rise, such as during a future recession. (Serbia and Montenegro). gether with a description of those bench- My State, as the chairman knows, marks and the estimated dates by which SEC. ll03. FUNDING LIMITATION. those benchmarks can and will be achieved. was particularly affected. The State (a) LIMITATION.—None of the funds appro- (b) CONSULTATION.— was the source of nearly a quarter, priated or otherwise made available to the (1) IN GENERAL.—Prior to the conduct of about $80 million, of the $350 million Department of Defense, including funds ap- any air operations by the Armed Forces of that was offset. So I am pleased that propriated for fiscal year 1999 and prior fiscal the United States against Yugoslavia, the the alternative offset would shift some years, may be obligated or expended for any President shall consult with the joint con- HUD funds from one fiscal year to the deployment of ground forces of the Armed gressional leadership and the chairmen and Forces of the United States to Kosovo unless ranking minority members of the appro- next, funds that never would have been and until— used. We have checked with both the priate congressional committees with re- (1) the parties to the conflict in Kosovo spect to those operations. administration as well as our side on have signed an agreement for the establish- (2) DEFINITIONS.—In this subsection: Housing and on Banking and on Appro- ment of peace in Kosovo; (A) APPROPRIATE CONGRESSIONAL COMMIT- priations, and they agree with that. (2) the President has transmitted to Con- TEES.—The term ‘‘appropriate congressional I say to the chairman that I appre- gress the report provided for under section committees’’ means— ciate very much the spirit of com- 8115 of Public Law 105–262 (112 Stat. 2327); and (i) the Committee on Appropriations, the promise in which this was offered. I un- (3) the President has transmitted to the Committee on Armed Services, the Com- derstand his view and I will bring that Speaker of the House of Representatives and mittee on International Relations, and the the President pro tempore of the Senate a re- Permanent Select Committee on Intelligence message back to our State. The people port containing— of New York will now be breathing a of the House of Representatives; and (A) a certification— (ii) the Committee on Appropriations, the sigh of relief that this has been re- (i) that deployment of the Armed Forces of Committee on Armed Services, the Com- placed. the United States to Kosovo is in the na- mittee on Foreign Relations, and the Select I also thank the Senator from Penn- tional security interests of the United Committee on Intelligence of the Senate. sylvania, Mr. SANTORUM, who worked States; (B) JOINT CONGRESSIONAL LEADERSHIP.—The with me on this. He found his State in (ii) that— term ‘‘joint congressional leadership’’ a similar position as ours. At least for (I) the President will submit to Congress means— my first foray into the Senate legisla- an amended budget for the Department of (i) the Speaker of the House of Representa- Defense for fiscal year 2000 not later than 60 tives and the Majority Leader and the Mi- tive process, it has been a bipartisan days after the commencement of the deploy- and productive effort. For that, I very nority Leader of the House of Representa- ment of the Armed Forces of the United tives; and much thank the chairman for his un- States to Kosovo that includes an amount (ii) the Majority Leader and the Minority derstanding of our needs and yield back sufficient for such deployment; and Leader of the Senate. the remainder of my time. (II) such amended budget will provide for SEC. ll04. REPORT ON PROGRESS TOWARD Mr. STEVENS. Mr. President, I am an increase in the total amount for the MEETING BENCHMARKS. going to ask for adoption of the amend- major functional budget category 050 (relat- Thirty days after the date of enactment of ment but I will not move to reconsider ing to National Defense) for fiscal year 2000 this Act, and every 60 days thereafter, the because there may be some who want by at least the total amount proposed for the President shall submit to Congress a detailed deployment of the Armed Forces of the report on the benchmarks that are estab- to discuss this, too. I will make a mo- United States to Kosovo (as compared to the lished to measure progress and determine tion to reconsider this later today. amount provided for fiscal year 2000 for the withdrawal of the Armed Forces of the May I reserve the right to make that major functional budget category 050 (relat- United States from Kosovo. Each report later today? ing to National Defense) in the budget that shall include—

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And (4) a comparison of the current status on AMENDMENT NO. 82 when sanctions such as civil monetary achieving the benchmarks with the progress (Purpose: To extend the aviation insurance penalties were levied by HCFA, the described in the last report submitted under program through May 31, 1999) sanctioned facilities would appeal, this section; At the appropriate place, insert the fol- causing lengthy delays in final resolu- (5) the specific responsibilities assigned to lowing: tion of the case. the implementation force in assisting in the SEC. 17. EXTENSION OF AVIATION INSURANCE One week before my July hearings, achievement of the benchmarks; PROGRAM. President Clinton launched a variety of (6) the estimated timetable for achieving Section 44310 of title 49, United States new initiatives designed to improve the the benchmarks; and Code, is amended by striking ‘‘March 31, quality of care in nursing facilities. (7) the status of plans and preparations for 1999.’’ and inserting ‘‘May 31, 1999.’’. withdrawal of the implementing force once Among those new initiatives was one designed to eliminate paper compliance the objective criteria for achieving the AMENDMENT NO. 83 benchmarks have been met. with quality standards and to proceed (Purpose: Expediting adjudication of civil more quickly to sanctions for those SEC. ll05. STATUTORY CONSTRUCTION. monetary penalties by the Department of Nothing in this title restricts the author- Health and Human Services Appeals Board) homes with a history of poor care. ity of the President to protect the lives of The upshot of oversight by the Spe- United States citizens. On page 29, insert after line 10: cial Committee on Aging and the Presi- Mr. STEVENS. Mr. President, I ask DEPARTMENT OF HEALTH AND HUMAN dential initiatives is that there has unanimous consent the amendment SERVICES been a substantial increase thus far in now be laid aside and no call for reg- OFFICE OF THE SECRETARY 1999 of appeals of civil monetary pen- ular order, except one made by myself GENERAL DEPARTMENTAL MANAGEMENT alties by nursing facilities. or the mover of the amendment, the For an additional amount for ‘’general de- Certainly, facilities have the right to Senator from Texas, serve to bring partmental management’’, $1,400,000, to re- appeal sanctions levied by HCFA. But back the pending amendment. duce the backlog of pending nursing home it is also important that appeals be The PRESIDING OFFICER. Without appeals before the Departmental Appeals heard and resolved in a reasonable objection, it is so ordered. Board. amount of time. Delay subverts im- Mr. STEVENS. I suggest the absence On page 42, line 8, strike $3,116,076,000 and provement in the quality of care in insert $3,114,676,000 of a quorum. On page 42, line 9, strike $164,933,000 and in- nursing facilities as real deficiencies go The PRESIDING OFFICER. The sert $163,533,000. uncorrected. Delay also slows the de- clerk will call the roll. Mr. GRASSLEY. Mr. President, I am velopment of precedents which would The bill clerk proceeded to call the clarify outstanding issues. Slow devel- offering this amendment to speed up roll. opment of such precedents encourages adjudication, by the appeals board of Mr. STEVENS. Mr. President, I ask facilities and their legal representa- the Department of Health and Human unanimous consent that the order for tives to file appeals because guidance Services, of appeals from nursing fa- the quorum call be rescinded. as to the worthiness of an appeal is cilities of civil monetary penalties lev- The PRESIDING OFFICER. Without lacking. And, as the body of precedents ied by the Health Care Financing Ad- objection, it is so ordered. becomes more complete, adjudication ministration (HCFA) for violations of AMENDMENTS NOS. 82 THROUGH 88, EN BLOC of cases becomes speedier. Mr. STEVENS. Mr. President, I have standards established pursuant to the The root problem has been that the a package of amendments that have Nursing Home Reform Act of 1987. Cur- departmental appeals board does not been cleared and I would like to say for rently, there is a substantial backlog have sufficient resources to keep up the record what they are. They are: of some 701 such cases. Delay in final with the increase in new cases, to say An amendment by Senator MCCAIN to adjudication of such cases subverts the nothing of working off the current extend the Aviation Insurance Pro- purpose and effect of civil monetary backlog of cases. I am given to under- gram through May 31, 1999. penalties, delaying corrective action, stand that, at the present time about An amendment by Senator GRASSLEY and improvements in the quality of 25 new cases are filed with the appeals providing $1.4 million to expedite adju- care offered by nursing facilities. board each week. As will be clear from dication of civil monetary penalties by Delays in adjudication of these cases the table I am attaching to my state- the Health and Human Services Appeal also burdens nursing facilities through ment, the number of cases decided each Board. It also provides for an offset for additional legal fees and the perpetua- year has averaged around 23 for the that amount of $1.4 million. tion of uncertainty caused by unre- last 3 years. Clearly, the board is We have Senator SHELBY’s amend- solved disputes. ment which makes a technical correc- swamped and needs help. The number of such cases filed each The President’s budget for fiscal year tion to title IV. year by nursing facilities has increased We have an amendment by Senator 2000 proposes $2.8 million for the board. each year since 1995, the year when reg- Were the Congress to provide those BYRD making a technical correction to ulations for the Nursing Home Reform the Emergency Steel Loan Guarantee funds, it will certainly take time for Act’s enforcement standards went into Program in the bill. the appeals board to gear up and begin effect. Currently, as I noted earlier in An amendment by Senator FRIST and to speed up adjudication of appeals.We my statement, there are 701 such cases Senator THOMPSON providing $3.2 mil- can’t wait to begin addressing this lion for repairs to Jackson, TN, Army pending. problem, Mr. President. The amend- aviation facility damaged by a tornado Mr. President, the steady increase in ment I offer would provide $1.4 million in January. It also provides for an off- appeals of civil monetary penalties to be made available through the sup- set in the same amount. since 1995 shows the effect of increased plemental appropriation we are now An amendment by myself for a tech- use, by the States and HCFA, of the en- considering. I have not proposed to pro- nical correction to the current year, forcement regulations which went into vide the full $2.8 million the Presi- 1999’s Commerce-Justice-State bill, and effect in 1995. Nevertheless, in hearings dent’s budget proposes for the next fis- provides for rules on the taking of I held in the Special Committee on cal year because the appeals board Beluga whales. Aging last July, the General Account- could not effectively spend that I send these amendments to the desk ing Office reported that nursing facili- amount in what remains of the fiscal and ask unanimous consent that they ties providing poor quality of care reg- year. Therefore, I have essentially pro- be considered en bloc. ularly escaped sanctions which could rated that amount over the time re- The PRESIDING OFFICER. Without cause care to be improved. The pattern maining in this fiscal year. objection, it is so ordered. The clerk seemed to be that a facility would be AMENDMENT NO. 84 will report. sanctioned for poor quality of care, be At the appropriate place in the bill, insert:

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SEC.. TITLE 49 RECODIFICATION CORREC- (2) the Secretary of Labor; and Board under this section during fiscal years TION.—Effective December 31, 1998, section (3) the Secretary of the Treasury. 1999 and 2000, and annually thereafter, during 4(k) of the Act of July 5, 1994 (Public Law (f) LOAN GUARANTEE PROGRAM.— such period as any loan guaranteed under 103–272, 108 Stat. 1370), as amended by section (1) AUTHORITY.—The Program may guar- this section is outstanding. 7(a)(3)(D) of the Act of October 31, 1994 (Pub- antee loans provided to qualified steel com- (j) SALARIES AND ADMINISTRATIVE EX- lic Law 103–429, 108 Stat. 4329), is repealed. panies by private banking and investment PENSES.—For necessary expenses to admin- AMENDMENT NO. 85 institutions in accordance with the proce- ister the Program, $5,000,000 is appropriated (Purpose: To make a technical correction) dures, rules, and regulations established by to the Department of Commerce, to remain the Board. On page 16, strike beginning with line 12 available until expended, which may be (2) TOTAL GUARANTEE LIMIT.—The aggre- through page 23, line 8, and insert the fol- transferred to the Office of the Assistant gate amount of loans guaranteed and out- lowing: Secretary for Trade Development of the standing at any 1 time under this section EMERGENCY STEEL LOAN GUARANTEE PRO- International Trade Administration. GRAM. (a) SHORT TITLE.—This section may be may not exceed $1,000,000,000. (k) TERMINATION OF GUARANTEE AUTHOR- cited as the ‘‘Emergency Steel Loan Guar- (3) INDIVIDUAL GUARANTEE LIMIT.—The ag- ITY.—The authority of the Board to make antee Act of 1999’’. gregate amount of loans guaranteed under commitments to guarantee any loan under (b) CONGRESSIONAL FINDINGS.—Congress this section with respect to a single qualified this section shall terminate on December 31, finds that— steel company may not exceed $250,000,000. 2001. (1) the United States steel industry has (4) MINIMUM GUARANTEE AMOUNT.—No sin- (l) REGULATORY ACTION.—The Board shall been severely harmed by a record surge of gle loan in an amount that is less than issue such final procedures, rules, and regu- more than 40,000,000 tons of steel imports $25,000,000 may be guaranteed under this sec- lations as may be necessary to carry out this into the United States in 1998, caused by the tion. section not later than 60 days after the date world financial crisis; (5) TIMELINES.—The Board shall approve or of enactment of this Act. (2) this surge in imports resulted in the deny each application for a guarantee under (m) EMERGENCY DESIGNATION.—The entire loss of more than 10,000 steel worker jobs in this section as soon as possible after receipt amount made available to carry out this sec- 1998, and was the imminent cause of 3 bank- of such application. tion— ruptcies by medium-sized steel companies, (6) ADDITIONAL COSTS.—For the additional (1) is designated by Congress as an emer- Acme Steel, Laclede Steel, and Geneva cost of the loans guaranteed under this sub- gency requirement pursuant to section Steel; section, including the costs of modifying the 251(b)(2)(A) of the Balanced Budget and (3) the crisis also forced almost all United loans as defined in section 502 of the Con- Emergency Deficit Control Act of 1985 (2 States steel companies into— gressional Budget Act of 1974 (2 U.S.C. 661a), U.S.C. 901(b)(2)(A)); and (A) reduced volume, lower prices, and fi- there is appropriated $140,000,000 to remain (2) shall be available only to the extent nancial losses; and available until expended. that an official budget request that includes (B) an inability to obtain credit for contin- (g) REQUIREMENTS FOR LOAN GUARAN- designation of the entire amount of the re- ued operations and reinvestment in facili- TEES.—A loan guarantee may be issued under quest as an emergency requirement (as de- ties; this section upon application to the Board by fined in the Balanced Budget and Emergency (4) the crisis also has affected the willing- a qualified steel company pursuant to an Deficit Control Act of 1985) is transmitted by ness of private banks and investment insti- agreement to provide a loan to that qualified the President to Congress. steel company by a private bank or invest- tutions to make loans to the U.S. steel in- AMENDMENT NO. 86 dustry for continued operation and reinvest- ment company, if the Board determines that— (Purpose: To increase, with a rescission, the ment in facilities; supplemental appropriations for fiscal year (5) these steel bankruptcies, job losses, and (1) credit is not otherwise available to that company under reasonable terms or condi- 1999 for military construction for the Army financial losses are also having serious nega- National Guard) tive effects on the tax base of cities, coun- tions sufficient to meet its financing needs, ties, and States, and on the essential health, as reflected in the financial and business On page 30, line 1, strike ‘‘$11,300,000’’ and education, and municipal services that these plans of that company; insert ‘‘$14,500,000’’. government entities provide to their citi- (2) the prospective earning power of that On page 43, line 12, strike ‘‘$11,300,000’’ and zens; and company, together with the character and insert ‘‘$14,500,000’’. (6) a strong steel industry is necessary to value of the security pledged, furnish reason- AMENDMENT NO. 87 the adequate defense preparedness of the able assurance of repayment of the loan to At the appropriate place in the bill, insert: United States in order to have sufficient be guaranteed in accordance with its terms; SEC. . Notwithstanding any other provi- steel available to build the ships, tanks, (3) the loan to be guaranteed bears interest sion of law, the taking of a Cook Inlet beluga planes, and armaments necessary for the na- at a rate determined by the Board to be rea- whale under the exemption provided in sec- tional defense. sonable, taking into account the current av- tion 101(b) of the Marine Mammal Protection (c) DEFINITIONS.—For purposes of this sec- erage yield on outstanding obligations of the Act (16 U.S.C. 1371(a)) between the date of tion— United States with remaining periods of ma- the enactment of this Act and October 1, 2000 (1) the term ‘‘Board’’ means the Loan turity comparable to the maturity of such shall be considered a violation of such Act Guarantee Board established under sub- loan; and unless such taking occurs pursuant to a co- section (e); (4) the company has agreed to an audit by operative agreement between the National (2) the term ‘‘Program’’ means the Emer- the General Accounting Office, prior to the Marine Fisheries Service and Cook Inlet Ma- gency Steel Guaranteed Loan Program es- issuance of the loan guarantee and annually rine Mammal Commission. while any such guaranteed loan is out- tablished under subsection (d); and AMENDMENT NO. 88 (3) the term ‘‘qualified steel company’’ standing. At the appropriate place in the bill, insert: means any company that— (h) TERMS AND CONDITIONS OF LOAN GUAR- SEC. . Funds provided in the Department (A) is incorporated under the laws of any ANTEES.— of Commerce, Justice and State, the Judici- State; (1) LOAN DURATION.—All loans guaranteed ary, and Related Agencies Appropriations (B) is engaged in the production and manu- under this section shall be payable in full Act, 1999 (P.L. 105–277, Division A, Section facture of a product defined by the American not later than December 31, 2005, and the 101(b)) for the construction of correctional Iron and Steel Institute as a basic steel mill terms and conditions of each such loan shall facility in Barrow, Alaska shall be made product, including ingots, slab and billets, provide that the loan may not be amended, available to the North Slope Borough. plates, flat-rolled steel, sections and struc- or any provision thereof waived, without the tural products, bars, rail type products, pipe consent of the Board. The PRESIDING OFFICER. Without and tube, and wire rod; and (2) LOAN SECURITY.—Any commitment to objection, the amendments are agreed (C) has experienced layoffs, production issue a loan guarantee under this section to en bloc. losses, or financial losses since the beginning shall contain such affirmative and negative The amendments (Nos. 82 through 88) of the steel import crisis, after January 1, covenants and other protective provisions that the Board determines are appropriate. were agreed to. 1998. Mr. STEVENS. Mr. President, the (d) ESTABLISHMENT OF EMERGENCY STEEL The Board shall require security for the UTCH GUARANTEED LOAN PROGRAM.—There is es- loans to be guaranteed under this section at Senator from Arkansas, Mr. H - tablished the Emergency Steel Guaranteed the time at which the commitment is made. INSON, is here and he will offer an Loan Program, to be administered by the (3) FEES.—A qualified steel company re- amendment. After he has presented his Board, the purpose of which is to provide ceiving a guarantee under this section shall amendment, I state to the Senator it loan guarantees to qualified steel companies pay a fee in an amount equal to 0.5 percent will be my intention to move to table in accordance with this section. of the outstanding principal balance of the his amendment. (e) LOAN GUARANTEE BOARD MEMBERSHIP.— guaranteed loan to the Department of the I ask unanimous consent that the There is established a Loan Guarantee Treasury. Board, which shall be composed of— (i) REPORTS TO CONGRESS.—The Secretary vote on that motion to table and the (1) the Secretary of Commerce, who shall of Commerce shall submit to Congress annu- vote on the motion to table the Harkin serve as Chairman of the Board; ally, a full report of the activities of the amendment occur at 2:30.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2902 CONGRESSIONAL RECORD — SENATE March 18, 1999 Mr. HARKIN. Torricelli. sions of subsections (b), (d), (e), and (f) of but the Senator is moving to table as Mr. STEVENS. Torricelli/Harkin section 152 of the Trade Act of 1974 (19 U.S.C. soon as the Senator is finished. amendment occur at 2:30. 2192(b), (d), (e), and (f)) apply to a joint reso- Mr. STEVENS. Mr. President, I The PRESIDING OFFICER. Without lution under this section to the same extent would be pleased if the Senator would objection, it is so ordered. as such provisions apply to resolutions under section 152. agree to try to reach a time agreement Mr. STEVENS. I thank the Chair. (C) DISCHARGE OF COMMITTEE.—If the com- on that, because we have other Sen- Mr. HUTCHINSON addressed the mittee of either House to which a joint reso- ators wishing to offer amendments this Chair. lution has been referred has not reported it afternoon also. The PRESIDING OFFICER. The Sen- by the close of the 45th day after its intro- Mr. President, may I ask the Sen- ator from Arkansas. duction (excluding any day described in sec- ator, first, that the Senator yield to AMENDMENT NO. 89 tion 154(b) of the Trade Act of 1974), such me? I apologize. committee shall be automatically discharged (Purpose: To require prior congressional ap- Mr. HUTCHINSON. I will be glad to from further consideration of the joint reso- proval before the United States supports lution and it shall be placed on the appro- yield to the distinguished chairman. the admission of the People’s Republic of priate calendar. Mr. STEVENS. How much time China into the World Trade Organization) (D) CONSIDERATION BY APPROPRIATE COM- would the Senator like to have? Mr. HUTCHINSON. I send an amend- MITTEE.—It is not in order for— Mr. HUTCHINSON. I think for my ment to the desk. (i) the Senate to consider any joint resolu- presentation I probably only need 15 The PRESIDING OFFICER. The tion unless it has been reported by the Com- minutes. If there are those who speak clerk will report. mittee on Finance or the committee has against the amendment, I would like to The bill clerk read as follows: been discharged under subparagraph (C); or yield proportionally then. The Senator from Arkansas [Mr. HUTCH- (ii) the House of Representatives to con- Mr. STEVENS. Mr. President, if I INSON] proposes an amendment numbered 89. sider any joint resolution unless it has been reported by the Committee on Ways and still have the floor, how much time Mr. HUTCHINSON. Mr. President, I Means or the committee has been discharged does the Senator from Montana seek? ask unanimous consent that reading of under subparagraph (C). Mr. BAUCUS. I was thinking of 10, 15 the amendment be dispensed with. (E) CONSIDERATION IN THE HOUSE.—A mo- minutes. The PRESIDING OFFICER. Without tion in the House of Representatives to pro- Mr. STEVENS. Could we have an objection, it is so ordered. ceed to the consideration of a joint resolu- agreement that there be 30 minutes on The amendment is as follows: tion may only be made on the second legisla- this amendment? Is the Senator from At the appropriate place, insert the fol- tive day after the calendar day on which the Montana speaking against the amend- lowing new section: Member making the motion announces to the House his or her intention to do so. ment? SEC. ll. PRIOR CONGRESSIONAL APPROVAL (3) CONSIDERATION OF SECOND RESOLUTION Mr. BAUCUS. I am speaking against FOR SUPPORTING ADMISSION OF the amendment. CHINA INTO THE WTO. NOT IN ORDER.—It shall not be in order in ei- The PRESIDING OFFICER. Is there (a) IN GENERAL.—Notwithstanding any ther the House of Representatives or the other provision of law, the United States Senate to consider a joint resolution (other objection? may not support the admission of the Peo- than a joint resolution received from the Mr. BAUCUS. Mr. President, reserv- ple’s Republic of China as a member of the other House), if that House has previously ing the right to object—— World Trade Organization unless a provision adopted a joint resolution under this section. Mr. STEVENS. I am seeking a limi- of law is passed by both Houses of Congress Mr. HARKIN. Mr. President, par- tation of 30 minutes on the amend- and enacted into law after the enactment of liamentary inquiry, if I might. ment, that the time following that this Act that specifically allows the United The PRESIDING OFFICER. The Sen- time to be—I will make a motion to States to support such admission. ator from Iowa. table, only a motion to table be in (b) PROCEDURES FOR CONGRESSIONAL AP- Mr. HARKIN. I am just trying to find PROVAL OF UNITED STATES SUPPORT FOR AD- order. MISSION OF CHINA INTO THE WTO.— out from the Senator, is there a time The PRESIDING OFFICER. Is there (1) NOTIFICATION OF CONGRESS.—The Presi- allotment or not? objection? Without objection—— dent shall notify the Congress in writing if Mr. STEVENS. When the Senator fin- Mr. STEVENS. Mr. President, I am the President determines that the United ishes, I will make a motion to table. It informed that Senators ROTH and MOY- States should support the admission of the should be about 1 o’clock. NIHAN wish to speak, and I ask unani- People’s Republic of China into the World Mr. HARKIN. I just didn’t know—— mous consent that the time be ex- Trade Organization. Mr. STEVENS. Mr. President, we panded to 40 minutes to be followed (2) SUPPORT OF CHINA’S ADMISSION INTO THE have not asked for a time limitation on WTO.—The United States may support the ad- only by a motion to table offered by mission of the People’s Republic of China the Senator making his presentation, me. into the World Trade Organization if a joint but he knows that as soon as he fin- Mr. HUTCHINSON. Reserving the resolution is enacted into law under sub- ishes, I will make a motion to table. right to object. section (c) and the Congress adopts and Mr. HARKIN. The Senator is going to Mr. STEVENS. Forty-five minutes. transmits the joint resolution to the Presi- table both at 2:30? The Senator wants to close. dent before the end of the 90-day period (ex- Mr. STEVENS. Mr. President, I will Mr. HUTCHINSON. I suspect the oth- cluding any day described in section 154(b) of make a motion to table the amend- ers the Senator mentioned are going to the Trade Act of 1974), beginning on the date ment of the Senator from Arkansas, speak in opposition. There are some on which the Congress receives the notifica- tion referred to in paragraph (1). and after the Senator from Iowa, I will who might want to speak in favor. If (c) JOINT RESOLUTION.— make a motion, but I got unanimous we are going to extend the time af- (1) JOINT RESOLUTION.—For purposes of this consent that those votes occur at 2:30. forded Senators who want to speak section, the term ‘‘joint resolution’’ means Mr. HARKIN. That is fine with me. I against, I think we might have trouble only a joint resolution of the 2 Houses of just wanted to make sure. extending the time with that restric- Congress, the matter after the resolving Mr. BAUCUS. Mr. President, who has tion. clause of which is as follows: ‘‘That the Con- the floor? Mr. STEVENS. Mr. President, I do gress approves the support of the United Mr. STEVENS. The Senator from Ar- States for the admission of the People’s Re- desire to limit the time if possible, so public of China into the World Trade Organi- kansas has the floor. we can have a vote when the Senate zation.’’. The PRESIDING OFFICER. The Sen- comes back out of that conference. (2) PROCEDURES.— ator from Arkansas has the floor. Could we agree to 30 minutes on a (A) IN GENERAL.—A joint resolution may be Mr. BAUCUS. Mr. President, will the side? Is there objection to 30 minutes introduced at any time on or after the date Senator yield for a question—for a par- on a side? I renew my request—— on which the Congress receives the notifica- liamentary inquiry? The PRESIDING OFFICER. Without tion referred to in subsection (b)(1), and be- Mr. HUTCHINSON. I will be glad to objection, it is so ordered. fore the end of the 90-day period referred to yield. Mr. STEVENS. The agreement then in subsection (b)(2). A joint resolution may be introduced in either House of the Con- Mr. BAUCUS. I understand the dis- is 1 hour equally divided? gress by any member of such House. tinguished Senator from Alaska is say- The PRESIDING OFFICER. That is (B) APPLICATION OF SECTION 152.—Subject to ing he is going to move to table. I correct. the provisions of this subsection, the provi- would like to speak on the amendment, Mr. STEVENS. I thank the Chair.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2903 The PRESIDING OFFICER. The Sen- United States could support admission For us to sit back and go off on our ator from Arkansas. of China into the WTO. Again, it does Easter vacation, to go off on recess, to Mr. HUTCHINSON. I thank the not preclude our support for China’s hold our town meetings or to take our Chair. entry. It simply sends a clear state- trips around the world, and to have This is a very straightforward ment that Congress should be involved been silent on this issue, I think, at amendment that simply says that be- in the process of deciding U.S. support this time, will be indefensible. I sus- fore China can be admitted to the for China’s accession into the WTO. pect there will be some kind of an- World Trade Organization, there will The administration should not make nouncement on the U.S. position on have to be a joint resolution passed by any hasty deals with China. We must China’s membership in the WTO while the Congress supporting that accession give careful consideration to the tim- we are gone. Then we would never have of China to the World Trade Organiza- ing as well as to the consequences of had the opportunity to debate very im- tion. Chinese accession. Congress must be portant questions. It is very simple. It is simply saying thoroughly involved in that debate. I do not have all of the answers to we should have a voice in this. We We cannot negotiate a trade deal these questions, but I know they are should not have the administration ar- with the most populous nation in the serious questions and I know the Sen- bitrarily and unilaterally making a world, and, as we hear so often, the ator from Montana, the Senator from very, very significant and major deci- largest market in the world, in a vacu- Alabama, who was on the floor just a sion without the input of the U.S. Con- um. There are certain facts that we moment ago, and myself ought to have gress and this body. It does not pre- must face; there is a political environ- a right, before we have the United judge what should happen. It does not ment in which all of these negotiations States taking a position on WTO mem- say whether China should be in or not. are occurring. The Chinese have used bership, to debate that on the floor of There may be very compelling argu- espionage to obtain important nuclear the Senate, to thoroughly examine the ments that could be presented in such secrets from the United States. That is questions that have not yet been an- a debate. But it does say that before a matter that must be fully inves- swered. China is admitted to the World Trade tigated. I believe it will be. I believe One question I would have is this: Organization, every Senator in this the appropriate oversight committees Are we lowering the WTO bar for body ought to have an opportunity to are moving expeditiously to inves- China, to rush them into membership? look at the evidence and have a say in tigate. But it certainly is not going to Since 1995, four countries have com- the outcome of that debate. That is happen before we go out on the Easter pleted negotiations on accession pro- why we need this amendment, because recess. We may have hearings next tocol: Ecuador, Mongolia, Bulgaria, Congress needs to, once again, assert week, but we will not see the end of and Panama. All four of these nations its constitutional responsibility in the this, we will not have all the facts on were required to eliminate, on the date area of foreign commerce. the table, before the Easter recess and of accession or with very short transi- I believe we must do it now for a cou- before Zhu Rongji visits this country. tions, trade practices that were incom- Another fact that faces us is our ple of reasons. It is the only oppor- patible with WTO rules. That has been trade deficit with the Chinese is at an tunity we are going to have before the the standard. Since 1995 the four na- alarming all-time high of $56.9 billion recess, and our only opportunity before tions that have sought to enter the for 1998. It is rising exponentially every Zhu Rongji visits this Nation next WTO have been required to eliminate year. That reality ought to cause us to month. He will come during our Easter their trade practices that were incom- pause before we see the administration recess. So, if Congress is going to have patible with WTO rules. But China has rush into a WTO deal. The Chinese con- any kind of statement on this, if we are firmly and continuously and repeatedly tinue to keep many of their markets going to be able to take any kind of ac- said they want a different standard. closed, particularly to our agricultural tion on this, we must take it now. sector, our farmers, who are in such They want a longer transition period. I know some of my colleagues will crisis. They do not want to meet those WTO say this should have gone through The Chinese have signed and bla- rules at the time of or soon after their committee. In an ideal world I would tantly disregarded the International accession to the WTO. That is a ques- agree. It is very straightforward. I do Covenant on Civil and Political Rights tion I believe this body deserves the op- not think it would require a great deal and have engaged in a widespread portunity to investigate and debate of debate, as to whether someone is for crackdown on prodemocracy activists thoroughly before we announce a na- it or against it, but ideally that is in China, effectively silencing all polit- tional position regarding China’s ad- where it should have gone. But, once ical dissent. We cannot give WTO mem- mission. again, the stream of negotiations that bership in a vacuum, ignoring all other Another question I think is a serious have taken place in recent weeks be- realities that face us. The 1999 State question for debate: Are we allowing tween our country and the Chinese Department report on China, released China into the WTO before they have Government, with our officials going to in the last few weeks, demonstrably made the kind of market reforms to China—Deputy Treasury Secretary proves China’s ignoring of the very bring them into conformity with WTO Larry Summers, Secretary of State covenant on civil and political rights standards? The administration argues Albright, U.S. Trade Representative that they signed last year. If we cannot if we will just let China in, we will Charlene Barshefsky have all been trust them to live up to a human rights have greater influence on China’s re- making repeated trips to China—nego- covenant that they signed, how can we form efforts than we do now while they tiating, obviously; attempting to assume they are going to live accord- are outside of the World Trade Organi- broker a deal on the World Trade Orga- ing to the rules and the obligations of zation. I suppose that is debatable. But nization accession of China. the World Trade Organization? There is we ought to have the opportunity to If we wait for an announcement by an issue of trust. They have not justi- have that debate. the administration that a deal has been fied the trust we would show in placing In my estimation, our influence on reached, an announcement by the ad- them in the World Trade Organization. China would be far greater before they ministration that the outlines of an Article I of the Constitution gives are admitted to the World Trade Orga- agreement have been reached, we will Congress express power over foreign nization than afterwards. Our ability make China’s membership in the WTO commerce. There is no question but to influence the kind of reforms the a fait accompli. Any effort to stop it that this is our right. There is no ques- World Trade Organization would desire after the fact, after the negotiations tion in this Senator’s mind that it is will be far greater if we say you are are completed and after an agreement our responsibility to step forward and going to accrue the benefits of trade has been announced, I think will be too say: WTO membership for China will under the WTO only after these market late for this body to really make a dif- not be granted without a debate in the reforms have taken place, these trade ference. House and Senate and a joint resolu- barriers have been lowered. Reforms The amendment is, as I said, very tion. should first be enacted, changes should straightforward. It would require a There are serious questions that the first occur, and then membership joint resolution to be passed before the House and the Senate need to address. should be granted —not vice versa.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2904 CONGRESSIONAL RECORD — SENATE March 18, 1999 I think this question deserves debate: China will argue that as a developing time to come. The very access that Can China be trusted on trade issues? country, they are entitled to use sub- American business wants so des- When we look at our exploding trade sidies. They are entitled to put limits perately, we would be locked out of deficit with China, can they be trusted on exports and other policies to pro- that access permanently or for a long on trade issues if admitted to the mote development of certain key in- duration should they be admitted to World Trade Organization, or will we dustries such as automobiles and tele- the World Trade Organization before admit them to the World Trade Organi- communications and heavy industrial they have met market access rules. As zation and then find them cavalierly equipment. a result, many U.S. interests are push- ignoring the standards and the rules of China maintains that such programs ing U.S. negotiators to remain firm, to the World Trade Organization? Our ad- are a part of China’s industrial policy stand pat, and not concede on the con- ministration’s own Trade Representa- and not related to its application to ditions of China’s entry into the World tive Barshefsky stated in her testi- the World Trade Organization. Many Trade Organization. mony, a little over 2 years ago, in ref- trade officials simply disagree with I believe another question that this erence to China, that ‘‘China imposes that assertion by the Chinese Govern- body needs to debate is, How will WTO new import barriers to replace those it ment. That is a question and that is an admission for China affect jobs? In- removed.’’ In other words, there can be issue the Senate should have the oppor- deed, we should consider how it would the appearance of reform taking place, tunity to debate, not after the fact but affect our jobs here in the United but if there are new barriers that are before China is admitted to the World States. being erected while the old ones are Trade Organization and before the U.S. I remind my colleagues, contained in being brought down, you really have Government announces its position on this very supplemental appropriations not achieved the reforms necessary for Chinese accession. World Trade Organization membership. bill, which we are soon prepared to A WTO paper, prepared in response to vote on, is a measure to assist the U.S. China has almost one-third of its in- a request from Chinese negotiators, dustrial production controlled by the steel industry and the jobs that go with suggested that industrial policies in it. Some of those jobs are in my home state. Almost two-thirds of urban China and other countries could violate workers are employed in state-owned State of Arkansas, Mississippi County, the basic principles of nondiscrimina- enterprises. These state-owned enter- Blytheville, AR, the No. 2 ranked coun- tion and national treatment and other prises are notorious for their ability to ty in the Nation in steel production. WTO rules. They are not in compli- destroy wealth. Some economists esti- According to the Department of Com- ance. They are not ready to join the mate that it would be cheaper for merce, last year alone the U.S.-China WTO. Political considerations should China to close down their state-owned trade deficit in iron and steel was a not be the driving force in rushing enterprises and keep paying the work- $161 million loser for the United States. China into the WTO before they have ers—close down the enterprises, go The year before that the U.S. realized a made necessary reforms. ahead and pay them their salaries, steel trade deficit of $141 million, and Another question I believe we should they would still come out ahead, than in 1996 the deficit was $140 million. debate is this: Should China be given to keep operating. But because the Each year the deficit in iron and steel membership in WTO before Taiwan, state-owned enterprises would be vul- increases dramatically. which is simultaneously seeking mem- nerable to foreign competition, the My point is, this Congress should bership? Will it be the position of the Chinese Government has a strong dis- have a say in whether we allow an U.S. Government that we support the incentive to the state-owned enter- agreement to be made when our trade admission of People’s Republic of prises that are heavily subsidized imbalance is what we experience, even China to the World Trade Organization through China’s centralized and insol- without granting China World Trade while not yet supporting Taiwan’s ad- vent banking system. Organization status. mission? Which one should be admitted One of the pledges that the Chinese At the appropriate time, I would like first? I think that is an important Government made was that they would to see China join the World Trade Or- issue. I think that is one my colleagues rapidly privatize the state-owned en- ganization and abide by its rules. I do in the Senate deserve to have the op- terprises, shutting down those that not believe China is ready at this time portunity to discuss thoroughly. they had to, privatizing others, allow- to go beyond paying lip service to the ing them to create capital by selling Many believe that once China is ad- mitted, they will work feverishly to fundamental changes necessary for ac- stock, but because of the recent eco- cession, though I know some of my col- nomic downturn in China in which block Taiwan’s entry, even though Tai- wan is a much more developed Nation, leagues do believe that they are ready. their robust growth rate has dropped However, I believe we can all agree appreciably, China now has backed off has a much more developed economy, and an economy which is much more that we ought not make this decision that pledge and has once again begun a hastily. The consequences are too great round of bank loans to these very un- consistent with WTO rules. Yet with- out a vote of the Senate or a vote of and long lasting and, just as impor- profitable, state-owned enterprises to tantly, we ought not let the executive subsidize them and to keep them in the House, this administration is pre- pared to support the admission of branch make this determination uni- business. laterally. This is backpedaling already on the China to the WTO before Taiwan’s ad- mission. Article 1 of the Constitution gives to kinds of reforms that would be ex- us, the Congress, the express power pected if China were in fact ready for I believe this question deserves de- over foreign commerce. This decision is admission to the World Trade Organi- bate as well: Will a premature entry by too important for us to cede that zation. China into WTO hurt American busi- Another question that this body ness interests? I know that large cor- power, and this amendment is a means needs to debate is, Should China be ad- porate interests in this country sup- by which we can preserve our legiti- mitted as a developing country with port China’s immediate accession to mate role in the legislative branch. far less stringent expectations and WTO, but many business people in this Mr. President, I reserve the remain- longer transition than allowed for country have serious concerns as to der of my time, and I inquire how much other nations? That is what they de- how China’s admission to WTO will im- time remains? sire. They say we are a developing Na- pact them. U.S. business interests The PRESIDING OFFICER. There tion; therefore, we should be treated often want permanent MFN for China are 11 minutes 15 seconds remaining. more leniently. They base their claim and would like to use an agreement on Mr. HUTCHINSON. I thank the primarily upon their per capita gross WTO, I believe, as a means to push for Chair. domestic product. By every other this goal, but many of these business The PRESIDING OFFICER. The Sen- measure, China is a major economic interests are also concerned that Chi- ator from Montana. power in the world today and they na’s WTO accession, without meeting Mr. BAUCUS. Mr. President, the Sen- want to be treated as such. They want market access and other requirements, ator from Arkansas raises obviously a to be recognized as a major economic would seriously limit U.S. business ac- very important question, and that is, power. cess to the Chinese market for a long essentially, the terms under which the

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2905 United States should agree to help en- looking into it in the context of this that we engage China, and there are courage China to be a member or ac- debate. many of them. Trade is one. Even with- cede to the WTO. It is obviously impor- I, too, am upset with China’s human in trade, there are many, many dif- tant because China, particularly in the rights policy. I daresay every Member ferent levels. There are tariffs. There next century, is going to be a very im- of the Senate is upset with China’s are distribution systems. There is ac- portant country. It is now the largest human rights policy. But are those cess. There are all kinds of matters country in the world, the most popu- issues considered in trade negotia- with which we have to deal. lous, the largest standing army, a nu- tions? Are they considered by the Let’s take national security, not clear power, one of the fastest growing World Trade Organization? The Sen- very related to trade—indirectly but ‘‘developing countries,’’ thousands of ator from Arkansas might think that not directly. Our administration, other years of history, a very proud people. they should be, but they are not con- countries’ administrations engage We in the United States clearly must sidered in trade negotiations and in China on a host of national security be very careful and clear headed in our whether or not China is or is not meet- issues. relationship with such a country, par- ing commercially acceptable principles Let’s take the Taiwan Straits, for ex- ticularly when the question arises as to under which it would properly be ad- ample. That is a separate matter. It is the terms under which China would ac- mitted to the World Trade Organiza- an extremely important issue. It is one cede to the WTO. tion. that has become a bit sensitive in the It is also true that under the Con- The Senator also mentioned the last several days, but the U.S. Defense stitution, the U.S. Congress provides words ‘‘political environment.’’ He said Department, the NSC, and our execu- that the Congress essentially set trade this issue has to be considered in the tive branch are working out with Tai- policy. That is true. But the use of total political environment of our rela- wan, with China, and with Japan as power is a very important matter. tionship with China. He mentioned es- much as possible the various inter- Sometimes it is important to use pionage. That is a charged issue right relationships of that issue. power that is entrusted to one. Some- now. I daresay that if the Congress The main point is, those issues times it is important to forebear the were to vote in the next several should be dealt with separately and on use of power that is entrusted to one. months presumably on whether China separate tracks. They should not be all Certainly, Congress has the author- should accede to the WTO, there would subsumed in the one vote on whether ity to pass the amendment suggested be an amendment on espionage, there China should be a member of the WTO. by the Senator from Arkansas. But would be an amendment on human I think it is also important to re- that is not the question. The real ques- rights, an amendment on labor rela- member we have a lot of problems with tion is, Should Congress adopt that tions, an amendment on the environ- China, but China has done a lot of good amendment? ment. I can think of countless subjects things, too. In my judgment, it has the ring of that would be included, by the design What are they? Recently in the eco- simplicity which often sounds good, of certain Senators, in any decision by nomic sphere, China, at great cost to but when one thinks about it a little the Congress whether or not China itself, has not devalued its currency. bit more deeply and what the con- should be admitted to the WTO. China, in the last year, has been under sequences of that amendment would be, It reminds me very, very much of the tremendous pressure to devalue its cur- it, at the very least, causes people to debate we already had with respect to rency so that it could sell more prod- pause and, in my judgment, causes China, and that is whether the Con- ucts overseas; it would help boost its Senators to not support the amend- gress, when we come up with the an- economy. But China has not. ment. nual MFN review—actually a lot of us Why has China not devalued its cur- I am reminded of a statement by H.L. like to call it normal trade relation- rency? In many respects because the Mencken, a famous Baltimore Sun ship not most-favored-nation status. Americans have encouraged them, have journalist: ‘‘For every complicated MFN is a gross misnomer. MFN is not asked them not to devalue. Why? Be- problem, there is a simple solution, but at all what it implies. It is not most fa- cause if they were to devalue their cur- it is usually wrong.’’ vored. In effect, it is least favored, be- rency, then the other southeastern That is this case. There is a com- cause we have so many trade agree- countries—the baht in Thailand, the plicated problem—China and our trade ments with so many other countries Indonesian currencies, North Korea— relationship—and the simple solution under terms that are more beneficial there would be great pressure on them to some degree is, ‘‘Congress should than the bottom line terms of MFN. to devalue further, which means that vote on whether to admit China to the During the MFN debate, or normal our exports will be that much more ex- WTO or not.’’ trade relations debate, we have had in pensive, their exports to the United This would set new precedent, a this Congress, particularly several States that much less expensive, and groundbreaking and very alarming years ago, the question was whether we the trade deficit we are all so worried precedent. In each of the previous 110 should pass in this Congress every June about will be even worse. cases where countries have acceded to a conditional extension of MFN or non- China, at great cost to itself, has so the GATT, or to the WTO, there has conditional extension of MFN. far—that might change—not devalued not been a congressional vote. Congress Those who argued for conditional ex- the currency. has never voted on whether a country tension said, ‘‘Well, we will continue China has also signed the Com- should accede to the GATT, currently MFN with China for another year if prehensive Test Ban Treaty. They to the WTO. That is an executive deci- China abides by certain human right signed it. That is a major step. That is sion. regimes, if China abides by certain nu- good. China has helped provide more There is a good reason why Congress clear technology transfer provisions, if stability between India and Pakistan, has not voted in the past. Essentially, China signs a comprehensive missile particularly when those countries were it is for the reasons suggested already test ban treaty, if China’’—all these starting to test missiles. It has been a by the Senator from Arkansas, because other things. very great help to us. if we were to vote on whether China In a sense, that debate became a de- They also have begun to downsize should accede to the WTO, that vote bate about China and gave interest their state-owned enterprises. That is would essentially be a vote not on groups an opportunity—I use this term not something we asked them to do, WTO, but it would be a vote on our loosely—to kind of take off on or vent but at great cost to themselves, they ‘‘overall China policy.’’ It would in- their spleens about a certain policy are doing so, and that is a major effort. clude countless other relationships with which that Senator or interest There is banking reform. that we have with China. group had a disagreement. The PLA, their army in China, which The Senator from Arkansas already I have no problem with that. In fact, used to be a major competitor with mentioned them. Human rights, for ex- I support it. I support Members of the companies in the United States, was ample. The Senator is very upset with Senate and the House working vigor- not just an army, it was a manufac- China’s human rights policy. He said ously to improve upon the relationship turing firm, an industry or a company that should be looked into. He implied with China in each of the specific areas making all kinds of products.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2906 CONGRESSIONAL RECORD — SENATE March 18, 1999 The PLA are going out of business. It when one part of the world’s economy all this, what did the Congress do? The is not entirely done yet, but they are collapses or goes south, it has effects Congress agreed, the President agreed, going out of business. That is good. everywhere. It affects the Senator’s that it made more sense to have uncon- Even more fundamentally, let’s think farmers. They have a harder time sell- ditional extension of MFN rather than of this. What if this were 25 years ago ing soybeans. It affects farmers in my conditional. and we were faced with the Asian cur- State. They have a harder time selling What the Senator from Arkansas is rency turmoil, which did spread over to wheat. That is why, when the Asian essentially saying is, he wants condi- Brazil and over to Russia and has af- currency crisis occurred, at least in my tional, he wants to have a vote on ac- fected the whole world, as a matter of State, our agricultural exports fell $50 cession. And I would guess he also fact? If this were to have happened 25 million compared to the preceding would like to have an opportunity to years ago, I daresay that China would year. offer amendments on the pending bill. have used it as an opportunity to fur- I must say, I think we have done a If the Senator says no amendments on ther destabilize—they could have used pretty good job as a country in man- the pending bill, that is another mat- it as an opportunity to gain a strategic aging, as near as we could, the cur- ter. I would like to hear the Senator’s position in, say, Vietnam or in Burma, rency crisis, which we did not cause. It views on that—whether the Senator Thailand, maybe even in Japan, as was caused by a whole host of factors— wants a straight up-or-down vote only they did 25 years ago when they exer- essentially greed by a lot of creditors on whether China should be a member cised their power, but not in the eco- who did not look at financial state- of the WTO, whether he would oppose nomic sense. ments closely anymore. But we have all amendments, whether he believes, Instead, today, 25 years later, when done a pretty good job managing. Sec- frankly, there should be no amend- presented with this crisis, what has retary Rubin, Chairman Greenspan, ments or not. That would be an inter- China done? It has not been a bad boy; Secretary Summers have done a good esting question. it has been a good boy. China has, in- job of helping stabilize, as much as Anyway, Mr. President, I made my stead, downsized its state-owned enter- they possibly could, this turmoil. main point, which is, let’s have the prises as much as it possibly can. It is Mr. President, the Senator also vote, let’s have the vote on MFN exten- reducing its bureaucracy, cutting a lot asked, ‘‘Well, gee, who should be ad- sion, not on the overall policy, because of the dead wood. It is cutting back on mitted first, Taiwan or China?’’ That is it has never happened before. In all the the army dramatically. I was in China a political issue. We should not look at trade agreements that have been sub- about a year ago talking with a general this as a political issue. We should look mitted to the WTO and in all the ques- and all his colleagues who were being at these countries on their merits. And tions of accession to the WTO in the given the boot because the general offi- if China does meet the commercially past—there have been 110 of them— cers corps, in addition to the lower acceptable principles test closely, never has a Congress voted, never. And there are reasons. There are ex- ranks, was being cut back dramati- tightly, we should admit China. If they ecutive agreements. If we were to vote cally. do not, we should not. on it, particularly in this body, as a They are going through a lot of pain- There are lots of different areas there nonparliamentary form of government, ful times. I am not going to stand here that I wish to just briefly mention as it would be filled up with all different and apologize for China. We are very to the test I think China should meet. types of issues which are virtually un- concerned about China. But instead, I must say, Mr. President, I do not related to trade—very important China is trying to be a player. think this administration is going to issues: Human rights, national secu- Why is WTO good for America and send us a weak agreement. It would be rity, missile proliferation, nuclear pro- why is it good for China? WTO is good foolish for them to agree to China’s ac- liferation, labor laws, environmental for America only under commercially cession into the WTO under non- laws, but not WTO accession. acceptable principles. I must underline commercially acceptable terms. It So I say, let’s not vote for the Sen- that forcefully. It is good for America would not make any sense. For one ator’s amendment. Let’s look at WTO because it will help encourage a great- thing, it would be an outrage. Second, when it comes up in the context of er rule of law in China, because there it would have an effect on MFN, a vote MFN. Then let’s also work to engage are commitments that China would later. It would have an effect on fast- China on all of the other issues on have to agree to. It would help America track proposals that may or may not which we are dealing with China but on because we could take China to the come up. It just does not make sense. separate tracks, separate ways, be- WTO. They will not do it. cause that is going to be a lot more ef- The Senator from Arkansas has a One final point is this. The Senator fective. We should not link all this to- concern whether we could ‘‘trust’’ wants a vote. The Senator is going to gether. We should not link it together, China. I tell you, Mr. President, China have a vote. It is on MFN extension, but, rather, deal with these issues sepa- will do more of what we wish if they because, by definition, if the United rately. are a member of WTO, at least on trade States agrees, because China has met Thank you, Mr. President. issues, because we can take China to commercially acceptable principles, I yield the floor and I reserve the re- the WTO. that China should accede to the GATT, mainder of my time. The WTO is now much more impar- then by definition this Congress must Mr. CHAFEE. Mr. President, I appre- tial and more effective as a dispute set- vote on whether to give China perma- ciate the concern of the Senator from tlement mechanism than it was under nent MFN status. Arkansas regarding the possibility of the old GATT, to be honest about it. There will be a vote. And obviously, China’s entry into the World Trade Or- The WTO as an institution is being if the U.S. Senate believes that the ganization (WTO). However, I do not tested now, particularly with respect terms under which China is admitted believe his amendment is warranted, to bananas and beef hormones, and are not acceptable, I daresay that this and urge the Senate to reject it. some other issues—whether countries body will not agree to permanently ex- The issue before us is the accession of live up to it—but still it is a lot better tend MFN to China. So we ought to China into the WTO. There is no ques- than the old GATT, under which there have a vote. The Senator wants a vote. tion that China’s accession into the was virtually no dispute settlement By definition, there will be a vote. world trading system carries important mechanism. But to have a second vote—and the ramifications—not only for their econ- WTO is good for China, too. Why? Ba- second vote would be whether to omy, but for ours (and indeed, for those sically because it gives China status admit—I say, would essentially be a of all other WTO nations). Today, and more investment in China; it gives referendum on China. It would not just China is the world’s third largest econ- China the opportunity to be more of a be trade issues, it would be all the omy after the US and Japan, and the player in the world economic scene. other issues, with all the other amend- world’s eleventh largest trading na- And that is all good. That is good for ments that would come up, just as they tion. US-China trade alone is more China; that is good for America. did in the old MFN extension debate. than $80 billion. We are so interrelated today eco- Back then, after lots of gnashing of Clearly, because of these facts, we nomically, politically, socially that teeth and working ourselves through have much to gain by bringing China

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2907 into the world trading system and sub- 122 of the Uruguay Round Agreements rectly with the Chinese deserve credit jecting her to the WTO rules and regu- Act, the administration must consult for appropriately consulting with Con- lations. At the same time, we under- with the appropriate committees with gress. Just yesterday lead negotiator stand that bringing China into the sys- regard to the accession of any country Bob Cassidy reviewed in great detail tem also will mean some changes for to the WTO. Those consultations are with our staffs all aspects of the nego- our own industries. However, as long as now taking place. I am assured that tiations. Active consultations at this China is brought in according to appro- Ambassador Barshefsky will meet with stage make sense, but the Senate di- priate terms and conditions, I believe each and every Senator who has an in- rectly intervening in the process by re- we have far more to gain than to lose. terest in this matter. quiring a congressional vote on a WTO The China WTO accession negotia- Moreover, as a participant in the agreement with China—on the front tions have dragged on for 13 years now. WTO’s Working Party on the Accession and back ends of the protocol negotia- Much of the delay is related to the of China, the United States already has tions—is redundant, unnecessary, and periodic changes of mind by the Chi- an effective veto over China’s admis- tramples on Executive branch preroga- nese government as to whether they sion if we determine that the protocol tives. On those grounds, I support the really want to join or not. After all, it of accession and China’s market access tabling motion. will mean enormous changes for them commitments are inadequate. Since Mr. THOMAS. Mr. President, as the as well. At the moment, the Chinese the Working Party operates by con- Chairman of the Subcommittee on East appear very interested in concluding sensus, we could simply block the ap- Asian and Pacific Affairs, I rise in op- their accession. I believe we should proval of the Working Party report and position to the HUTCHINSON amendment take this opportunity to see what that would be the end of the matter. and urge my colleagues to vote to table might be accomplished. It is clear that bringing China within it. That said, the United States has said the WTO framework—and subject to I support China’s accession to the repeatedly that China may enter the WTO’s rules—would be in the WTO. I believe that it is in our own only—and I stress, only—on ‘‘commer- United States’ interest. China is best interests to draw China further cially meaningful’’ terms. Despite the ranked as one of the top ten exporting into the world community through fora current Chinese enthusiasm for the ne- countries in the world (WTO report, such as the WTO. It will benefit the gotiations, if it does not lead to a 1997 ranking) and ranks as the 12th United States by creating a more-equal ‘‘commercially meaningful’’ agree- largest importer. It must certainly be trade relationship between us, and will ment, then the administration cannot to the benefit of the world trading sys- work to promote the rule of law in accept it. tem to have China abide by the same China. I also believe that it will benefit That is a crystal clear fact. We in rules as others. the United States by taking bilateral Congress has made clear that an agree- American farmers and businesses trade disputes which may pop up be- ment that is not ‘‘commercially mean- also have an interest in securing im- tween us and making them multilat- ingful’’ is unacceptable. USTR, Treas- proved access to China’s market, and eral, thereby minimizing the oppor- ury, the State Department, and USDA the WTO accession negotiations may tunity for those disputes to spill over know this. They fully understand that provide the best opportunity that we and infect the rest of our relationship. they will have one chance, and one will have in a very long time. Of course, my support has an impor- chance only, to present us with an Certainly the United States should tant caveat. China must accede on agreement. All the Chinese enthusiasm not accept an agreement that would what are called ‘‘commercially accept- in the world cannot change that fact. bend the rules for China. Nor should we able principles.’’ China cannot accede Thus, I believe that the administration settle for a minimal market access as a developing country in some areas, will not—and indeed cannot—bring package. And we will not. But neither and a developed country in others, home an accession agreement that does should we cut off the negotiations at leaving it to China to determine which not meet those terms. this point, which I fear this amend- are which. If the time comes for Chi- The amendment before us would have ment would do. In essence, it signals, na’s accession, Mr. President, you can Congress vote on the accession of at a minimum, great skepticism on the be sure that if I am not convinced that China. Yet that is not the process that part of the United States Congress. the terms of China’s accession are com- we follow for accession of new WTO I urge my colleagues to vote against mercially acceptable, I will be the first members. Since 1995, 12 countries have this amendment. Member to rush to this floor to oppose joined the WTO. Congress has not Mr. ROBB. Mr. President, whatever accession. voted on any of them. This would be a frustrations many of us may have right This amendment though, Mr. Presi- bad precedent to send. It would open a now regarding our bilateral relations dent, is not about the mechanics of ac- whole hornet’s nest of votes on China’s with China, including allegations of cession to the WTO. Rather, it is yet policies, trade or otherwise. And, given Chinese espionage against our national another thinly-veiled attempt by its that the administration knows that a labs, the deteriorating human rights author—one in a long series of at- bad deal will not pass muster here, I situation in that country, the bal- tempts—to single China out and punish would argue that it’s just not nec- looning trade deficit, and more, we it for offenses—real or imagined—com- essary. need to be careful about micro-man- mitted in other spheres. Let me be I say to my colleagues: let’s let the aging the Executive as it conducts clear: there is no argument that there experts do their job. They have their comprehensive negotiations over the aren’t problems in our relationship guidance from Congress. The USTR terms of China’s accession to the World with China, serious problems that we team, led by our experienced and tough Trade Organization (WTO). need to address. But there are more ap- Special Representative Charlene Congress’ voice ought to be heard on propriate ways to address those prob- Barshefsky, have been working on this subject, and it will be. The Jack- lems. WTO accession is a trade issue. It China accession for years, and know son-Vanik amendment to the Trade is not a human rights issue. It is not a the issues inside out. I am confident Act of 1974 precludes granting uncondi- military issue. It is not a technology or that they won’t—indeed, can’t—let us tional MFN (permanent normal trade nuclear transfer issue. It is not an down. relations status) without a Congres- issue about how China treats Taiwan or Mr. MOYNIHAN. Mr. President, I sional vote. By law, we will have the Hong Kong or Tibet. The issue should join with the distinguished chairman of opportunity to carefully review and not be linked under the guise of a WTO the Finance Committee in opposing the pass judgment on whatever agreement debate; we should not turn a decision pending amendment. I do agree with the Administration reaches with on WTO into a referendum on the im- the senator from Arkansas that the China, whenever that may occur: dur- mediate state of our overall bilateral Congress ought to take a close look at ing Premier Zhu Rongji’s visit next relationship. the terms of any agreement that is month, later this year, or perhaps In addition, the sponsor makes a reached with China regarding its acces- years from now. great deal of only wanting to pass this sion to the WTO. But that is already Ambassador Barshefsky and the amendment in order to afford the Sen- provided for in the law. Under section other USTR officials negotiating di- ate the opportunity to debate and then

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Congress still has to vote on United States Congress when tariffs the initial discussion of this measure extending permanent most-favored na- were the central source of revenue to a and any necessary refinements to my tion status to China. That debate will still new republic. Trade and tariff pol- colleague’s approach. give the Senate, and the sponsor, icy remain central to the Committee’s China has been the subject of intense ample opportunity to address all of the role in the legislative process. concern to the Finance Committee. We myriad issues surrounding China that For example, the Finance Committee have made it clear at every stage that he rightly feels are so important. It reported out a trade bill the first day constructive trade relations with China will give us a chance to raise concerns of the 106th Congress. In addition, at must offer concrete assurances of U.S. about human rights, military buildup, my instigation, the Committee has market access consistent with our na- trade deficits, and all the rest. There is launched a comprehensive review of tional interest. We have also made it no need to afford ourselves the same America’s trade policy, including the clear that there must be no rush to opportunity twice. role that China’s accession to the WTO judgment or attempt to offer a politi- In addition, Mr. President, requiring would play in our trade policy. cally-motivated deal to the Chinese this second vote has no precedent. One Unfortunately, there has been no at- simply because the White House wants hundred and ten countries have ac- tempt to offer this legislation and lay a foreign policy ‘‘deliverable’’ to cap ceded to the WTO since 1948, and not it before the Finance Committee for its the upcoming summit meeting. once has the Senate required that we review. Nor has there been any attempt My impression from our discussion be afforded a separate vote on one of by its supporters to engage with the with Ambassador Barshefsky is that, those accessions. But the Senator from Committee in the process of our review while there has been considerable Arkansas would like to single China of America’s trade policy. progress in recent days, there is still a out and set a different standard for Instead, this amendment seems to be considerable distance to go even before that country’s accession, to treat it driven by the emotions of the moment the United States could agree to a differently than any other country toward a form of legislative anarchy. It package on market access, much less that has come before it, or—presum- has gone around the Finance Com- the more difficult process of negoti- ably—would come after. I don’t believe mittee in a way that provides no time ating the actual protocols of accession. Beyond these reasons, Mr. President, he can make a compelling case for for the deliberations for which the Sen- I oppose Senator HUTCHINSON’s amend- doing so. Moreover, I am not convinced ate is designed. It attempts to move ment on China’s accession to the World that giving ourselves veto authority in legislation of monumental importance Trade Organization because of the this manner over a trade agreement to our trade and foreign policies on the damaging precedent it would set for all reached by the Executive Branch could back of a supplemental appropriations future WTO accessions. It would dra- pass constitutional muster. measure principally designed to help matically undercut the United States’ For all these reasons, Mr. President, impoverished countries in Central consistent position—under both Repub- I urge my colleagues to oppose the America and to support the construc- lican and Democrat presidents—that amendment and support the motion to tive role Jordan has played in the Mid- accession to the WTO and its prede- table of the Senator from Alaska. dle East peace process. Mr. ROTH. Mr. President, I rise to Beyond these procedural concerns, I cessor organization, the GATT, is not a oppose the amendment offered by my am deeply concerned about the under- political decision, but is one we as distinguished colleague from Arkansas, lying intent of this amendment. Is this Americans base simply on another country’s willingness to be bound by Senator HUTCHINSON. Like him, I am bill being raised at this time out of a the same rules that govern our other deeply concerned about the issues he is concern that our trade negotiators will trading partners in the world trading attempting to address with this legisla- not strike a deal that serves our com- system. It is quintessentially a com- tion—human rights violations and se- mercial interests in China? Or is this mercial agreement that should be curity concerns involving China, par- bill being offered simply to hinder judged on its merits as such. ticularly the theft of scientific infor- those negotiations in response to re- I also oppose this amendment as a mation from Los Alamos. I am con- cent allegations of spying or the theft matter of Senate procedure. I have al- cerned about China’s military build-up, of secrets from Los Alamos? ways objected to attempts to legislate its continuing threats of force against I ask those questions because there on appropriations measures. Offering Taiwan, and what is taking place in seems to be a rush to pass this measure substantive amendments to appropria- Tibet. I believe that appropriately ad- in advance of the visit of Zhu Rongji to tions bills subverts the normal process dressing these issues is vitally impor- the United States. It rests on the as- of the Senate by which legislation is tant and I look forward to working sumption that the United States will introduced, moved through the com- with Senator HUTCHINSON and others to reach an agreement on WTO accession mittee of jurisdiction with expertise on do so. and that, by virtue of that deal, China the matter, and moved to the floor. However, as chairman of the Finance will enter the WTO the day after Zhu Attempts to modify substantive law Committee, I must oppose both the leaves. on the back of appropriations bills method and timing of this approach. It That is simply wrong. Everything we often results in the delay of the appro- not only fails to allow the Senate to hear of the negotiations is that it will priations themselves. Whether my col- raise and address the sensitive issue of be difficult even to reach an agreement leagues support the current supple- trade relations with China in the ap- on U.S. access to China’s market. I mental or not, I think we would all propriate forum of the Finance Com- want to emphasize to my colleagues agree that the bill deserves to rise or mittee—a forum where the merits of that a deal on market access, even if it fall on its own merits, not as a result such an amendment can be carefully is reached in time for the summit, is of extraneous and unrelated matters. studied and weighed against the best only one step along the road to China’s For all these reasons, I urge my col- interests of our nation—but this ap- accession to the WTO. The more dif- leagues to vote against Senator proach also has tremendous foreign ficult negotiations on when and how HUTCHINSON’S amendment. policy implications that need careful China will agree to be bound by the The PRESIDING OFFICER (Mr. scrutiny. basic rules of the WTO remain. No pro- VOINOVICH). The Senator from Arkan- Let me address the first concern. tocol of accession will be approved sas. Trade negotiations and trade agree- until those negotiations are complete. Mr. HUTCHINSON. Mr. President, ments go to the core of the Finance In other words, there is no reason to might I inquire as to how much time Committee’s jurisdiction over trade act precipitously on this measure. each side has remaining? matters. Together with Senator MOY- There is no reason to subvert the nor- The PRESIDING OFFICER. The Sen- NIHAN, I as Chair, and he as ranking mal legislative processes to secure pas- ator from Arkansas has 11 minutes 15

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2909 seconds. The Senator from Montana helped us with—Pakistan and India. issue today is not do we want China in has 9 minutes 52 seconds. They had signed international agree- the WTO; the issue is do we want to Mr. HUTCHINSON. Thank you, Mr. ments. They had shown restraint. have an opportunity to debate that and President. They have been adjudged one of the to vote on that. That is the issue. If I might just briefly respond to a greatest proliferators of weapons of I have said, and I will say again, I few of the points that my good friend mass destruction in the world today. In want China in the World Trade Organi- from Montana made in his excellent fact, they were a great contributor to zation at the right time and under the statement. the problems and the arms race that right circumstances. But I do not be- It seems to me to be a difficult propo- has developed between Pakistan and lieve that we should allow the adminis- sition to come to the floor of the Sen- India. tration to make a unilateral decision ate and argue that we should not have Signed international agreements—in- coopting the constitutional right of the a debate and to argue we should not deed, they have signed international House and Senate to express itself on have a vote on the admission of China agreements. Last year, they signed the this very, very important issue. to the World Trade Organization. Yet International Covenant on Civil and I hope that this amendment will be that is the posture which the oppo- Political Rights, and since they signed passed, that we will have the oppor- nents of this amendment must be. that international agreement our State tunity at the appropriate time to vote The Senator from Montana has said Department has adjudged their behav- yes or no on China’s admission to the it would be an ‘‘alarming precedent’’— ior on civil and political rights abys- World Trade Organization. I hope that I believe those are the exact words— mal. They have a new and vicious and the reforms are made in China so that that has never happened before. In brutal crackdown upon the rights of I could vote yes on that. I would like to many ways, China is unprecedented. their own people. That is the inter- see that, but I believe that we have the They are unprecedented in their size, national agreement. greatest leverage we will ever have in their population, and their impact My colleague said they have shown bringing about reforms before we con- upon world events. And in many ways restraint, not like the adventuresome cede ahead of time that they should go the abuses that are currently going on nature of their politics 25 years ago; into the WTO. by their government to their own peo- they have shown restraint. Well, I I believe this is an eminently reason- ple are unprecedented. It is unprece- don’t believe it is restraint for them to able amendment because we are not dented to have a nation in the World vigorously modernize their weapon sys- prejudging what the outcome should Trade Organization with 40 percent of tems and to vigorously seek American be. We are simply saying we should the economy controlled by the state. technology through legal and illegal have the right to vote. We should say That is unprecedented. means. yes or no—not trade negotiators in a Perhaps that is a good reason to have All of that aside, some of the ques- vacuum apart from those who were a debate on this issue and have a vote tions were answered, but many of the elected by the people to represent. on who should be admitted to the questions I raised were not addressed I reserve the remainder of my time World Trade Organization, since it at all and have nothing to do with any- and I yield the floor. would be unprecedented for a nation of thing other than trade and the econ- Mr. STEVENS. How much time re- this size, with such a mixed economic omy. But they are questions that need mains? system, to be admitted to the World to be debated, questions that need to The PRESIDING OFFICER. The Sen- Trade Organization. It is unprece- be answered. Are we lowering the WTO ator from Arkansas has a little under 4 dented to admit to this trade organiza- bar for access to the Chinese? To say minutes, and the Senator from Mon- tion a nation that views us as a hostile that we can deny them permanent tana has a little under 10 minutes. power and, as evidence indicates, has MFN after the fact, after they have Mr. BAUCUS. I will take just 2 or 3 aggressively spied on the United States been admitted to the WTO, and that minutes before I yield back my time. and stolen nuclear secrets from the will be our vote, I think begs the ques- We are getting into the repetitious United States. tion. There will be such international stage. To say it is an ‘‘alarming precedent,’’ pressure for permanent MFN if we have Let me say that it is important to I think is a great overstatement. In already supported their admission to think about the precedent. Congress fact, if there was ever a reason to the WTO that it will be inexorable. It has never voted on this issue before. change the precedent, it would be be- will be a fait accompli. But the evi- There are a lot of other countries that cause of China’s behavior. dence clearly is that we are setting a are going to be seeking membership in The Senator from Montana said different standard for China. the WTO. They are basically former amendments would certainly be messy. In my discussions with the State De- Soviet Union republics. Russia—name That is what democracy is about. That partment over a year ago, they made it them. They all are going to be looking is what happens; that is what debates very clear to me that they were debat- for membership in the WTO. If we start are about; that is what freedom is ing within the State Department voting now on membership, I think we about. It might be messy; it might be whether we would have greater influ- have to do the same for all the others, unpleasant to vote on amendments ence on China with them in at a lower and they will get caught up in the that might be offered. But to respond standard, or out waiting for them to other issues, too, that have already to the question of the Senator from change and to make the necessary re- been discussed. Montana, I am more than delighted to forms. It is very clear that the admin- Frankly, the Senator from Arkansas have a straight up-or-down vote with istration has pursued the idea of low- made my case when he said that at this no amendments. If we were in the ering the standards so that China could time we have the greatest leverage. It House of Representatives, we could be brought in prematurely. Admitting sounds to me as if the leverage he is have the Rules Committee provide such them as a developing country is chang- talking about is on human rights. It is an order; we would have no amend- ing the standards for China. These are on lots of issues. I just think that we ments, and we would vote up or down issues which have not been addressed do not want to get to a debate on China on whether China ought to go into the today in our debate but need to be ad- policy if and when the U.S. executive World Trade Organization. I am de- dressed by the U.S. Senate. branch seeks to have China become a lighted to have such an opportunity, I will not go through all of those member of the WTO. and I make a commitment to that questions again, but they are impor- I also suggest to my good friend from right now. If we have a unanimous con- tant questions. The Senate and the Arkansas it is a good opportunity for sent, at the appropriate time, I support Congress should not keep ‘‘punting’’ on the Senator and all of us who are con- having a clean vote on China’s acces- trade issues. We have a constitutional cerned about the terms of China’s infa- sion to the World Trade Organization. role. We are a coequal power with the mous WTO, the economic terms, to I was somewhat surprised to hear my executive branch. This is an oppor- make our case very strenuously now colleague from Montana say China has tunity for us to regain our voice on with the administration, with Ambas- not been a bad boy, they have been a those very, very important issues that sador Barshefsky, with others in the good boy; a number of things they affect the lives of every American. The administration, so that they do come

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2910 CONGRESSIONAL RECORD — SENATE March 18, 1999 up with terms that we would more Mr. STEVENS. Mr. President, I am Mr. TORRICELLI. Mr. President, I likely agree with than not. constrained to make a motion to table rise today with my colleague from Now is the time. There are intense because I believe that this amendment, Iowa, Senator HARKIN, and on behalf of negotiations going on now. Premier if not tabled, would take a considerable Senator DURBIN, Senator FEINSTEIN, Zhu Rongji is about to visit this coun- amount of time. I served in China in and Senator REID of Nevada, to offer an try. I think it is Premier Zhu Rongji’s World War II. I would like to be in- amendment to bring some rational con- visit to the United States which gives volved at length in this debate, but clusion and fair determination to the us ‘‘leverage,’’ because he will want to this is not the time or the place for issue of independent counsels in the come with an agreement. We should that debate. U.S. Government. make use of that leverage by vigor- I hope all Senators will understand I begin with a simple admission. In ously talking with the administration. that I make this motion merely to try 1994, as a Member of the House of Rep- It has been a good debate and I think to control this supplemental and get it resentatives, I voted for and argued for we should deal with all these issues of ready for a conference at the earliest the enactment of an independent coun- China separately, not in the context of possible moment. sel statute. I was not mindful then, as WTO. I hope that the Senators would I move to table the amendment and I am now, of the complete record and agree with the Senator from Alaska ask for the yeas and nays. statements as to the likely outcome of when he moves to table the amend- The PRESIDING OFFICER. Is there a the independent counsel statute. ment. sufficient second? Howard Baker, then a Member of this The PRESIDING OFFICER. Who There is a sufficient second. institution, argued that the inde- yields time? The yeas and nays were ordered. pendent counsel statute would ‘‘estab- Mr. BAUCUS. I yield back my time. Mr. STEVENS. Mr. President, that lish a virtual fourth branch of Govern- Mr. HUTCHINSON. Mr. President, I will be postponed until 2:30. ment, and would substantially dimin- will take a moment, and then I will The PRESIDING OFFICER. The Sen- ish the accountability of law enforce- yield my remaining time. ment to the President, the Congress, I say that the leverage of which I ator is correct. and the American people.’’ speak—I think the Senator from Mon- Mr. STEVENS. Mr. President, I ask Acting Attorney General Robert tana knows and agrees that the lever- unanimous consent that the only Bork, warned: ‘‘What you are doing age is greater now before China goes amendment that would be in order be- [with the independent counsel statute] into the World Trade Organization. The tween this time and 2:30 would be the is building an office whose sole func- issues of which I speak deal primarily Torricelli-Harkin amendment, that tion is to attack the executive branch with trade issues. I hope we will use there be no second-degree amendments, throughout its tenure. It is an institu- that leverage for human rights and nu- and that if the Senators finish the use tionalized wolf hanging on the flank of clear nonproliferation across the board. of their time prior to that time, the the elk.’’ But certainly there are trade issues Senate stand in recess until 2:30. The PRESIDING OFFICER. Without Mr. President, I take no delight in that are critically important. admitting it, but it is inescapable. Mr. We have almost a $60 billion deficit objection, it is so ordered. Baker, Mr. Bork, and other Members of with China. They have great barriers AMENDMENT NO. 92 this institution were right. And many there, and we cannot lower the stand- (Purpose: To terminate the funding and in- of us in my party, and, indeed, Presi- ards just so we can have a political an- vestigation of any independent counsel in dent Clinton, who ultimately signed nouncement and have a gift that we existence more than 3 years, 6 months the law, were wrong. are providing the Chinese by saying we after the termination of the independent counsel statute) It is now clear—I think unmistak- are going to support your accession to ably clear—that the independent coun- the World Trade Organization. Mr. TORRICELLI. Mr. President, I sel law, when it expires on June 30, I didn’t want to offer this amend- send an amendment to the desk and 1999, will not be reauthorized. There is ment today. I would much rather that ask for its immediate consideration. not only not the votes in this Senate or this had gone through the committee. I The PRESIDING OFFICER. The in the other body, but there is not a ra- would rather we had a different vehi- clerk will report. tionale based on the historic experi- cle. But we are going out on Easter re- The legislative clerk read as follows: ence to allow this law to continue. cess and the Premier is coming to this The Senator from New Jersey [Mr. It brings me no pleasure to bring to country. The negotiations are coming TORRICELLI], for himself, Mr. HARKIN, Mr. the floor of the Senate the weight of to a head. This is the only opportunity DURBIN, Mrs. FEINSTEIN, and Mr. REID, pro- poses an amendment numbered 92. the evidence that supports the conclu- we have to ensure that we will have a sion that the law should expire. But it voice on whether or not they should go Mr. TORRICELLI. Mr. President, I is overwhelming, and it isn’t only Ken- into the WTO. ask unanimous consent that reading of I urge my colleagues to support this the amendment be dispensed with. neth Starr. Independent counsels, from amendment—not to table it but pass The PRESIDING OFFICER. Without Walsh to Smaltz, have given us no the amendment and let the administra- objection, it is so ordered. choice but to close this unfortunate tion know how seriously we take this The amendment is as follows: chapter. The list of abuses by inde- issue, and that as a coequal branch of On page 45, between lines 18 and 19, insert pendent counsels are daunting, and Government we should be able to ap- the following: they are dangerous. Mr. Starr has no prove or disapprove whether China goes SEC. ll. LIMITATION OF FUNDING. monopoly in his violations of law, eth- into the WTO. (a) IN GENERAL.—Effective December 31, ics, or common sense. But the inves- There are serious issues that were 1999, funding authorized pursuant to the tigation that is now underway in the third and fourth provisos under the heading Justice Department of Judge Starr is not raised in this debate. We have had ‘‘SALARIES AND EXPENSES, GENERAL LEGAL AC- a good debate, but there needs to be a still instructive. It teaches us a lot TIVITIES’’ under the heading ‘‘LEGAL ACTIVI- about the basic failings of this law, much more thorough debate, with TIES’’ under the heading ‘‘GENERAL AD- many more Members involved. That MINISTRATION’’ in title II of Public Law how it can be abused, and why the will take place at the appropriate time 100–202 (101 Stat. 1329-9; 28 U.S.C. 591 note) amendment that I offer today, along if this amendment is passed. I ask col- shall not be available to an independent with Senator HARKIN, is of such value. leagues to support it at the appropriate counsel, appointed before June 30, 1996, pur- First, Mr. Starr apparently may have time. suant to chapter 40 of title 28, United States failed to inform the Attorney General I yield the remainder of my time. Code. about his contacts with Paula Jones’ (b) PENDING INVESTIGATIONS.—Any inves- attorneys. Indeed, he may have misled Mr. STEVENS addressed the Chair. tigation or prosecution of a matter being The PRESIDING OFFICER. The Sen- the Attorney General on this issue. conducted by an independent counsel, ap- Second, it is overwhelmingly clear ator from Alaska is recognized. pointed before June 30, 1996, pursuant to Mr. STEVENS. Mr. President, is all chapter 40 of title 28, United States Code, that Mr. Starr, or his subordinates, time yielded back? and the jurisdiction over that matter, shall leaked confidential grand jury infor- The PRESIDING OFFICER. All time be transferred to the Attorney General by mation in direct violation of the Fed- has been yielded back. December 31, 1999. eral Rules of Criminal Procedures.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2911 Third, it is possible that Mr. Starr vague reply with broad categories. Mr. counsels have not had at least 3 years may have used questionable prosecu- Starr’s office remains the only func- to prepare their cases. We will give torial tactics by making an offer of im- tioning office in the entire U.S. Gov- them every benefit: Take the time as munity to Ms. Lewinsky contingent on ernment where the people’s representa- independent counsels after the law has her not contacting her attorney. tives cannot inform on behalf of the expired, prepare your cases, continue These may not be the only violations people how millions upon millions of the prosecution if you have a case, or of procedure or law, but they tell us dollars are spent. But mostly, I sup- dismiss it if you do not. This amend- something about the fact that there is pose, if the money were wasted and ment is reserved only for those cases something institutionally wrong with power were exercised responsibly but where more than 3 years has expired how the independent counsel statute the net result was still a rising level of and where, after the expiration of the has functioned. public confidence in public integrity, it independent counsel statute, there is a I do not raise these things out of any might be worth the abuse or the ex- need to then proceed. vendetta against Mr. Starr, or his tac- penditure. But this isn’t the case ei- I believe this amendment is fair. It tics, or his office, because this is an in- ther. will help restore public confidence and stitutional problem. Indeed, in the last The independent counsel statute has allow the Congress to know the tax- few years, Donald Smaltz has spent $7 not succeeded in removing politics payers’ money is being spent properly. million investigating former Secretary from prosecution. It has brought a new It will transition the Federal Govern- of Agriculture Michael Espy. Last element to politics, the hijacking of ment into the post-independent counsel year, after a 2-month trial, in which these offices, the use of them for their statute method of dealing with these the defense never found it necessary to own political purposes, only now with- important questions. call a single witness, that $7 million in- out oversight. Public confidence in the I thank Senator FEINSTEIN and Sen- vestigation resulted in a jury acquit- administration of justice has not only ator DURBIN for joining with Senator ting Mr. Espy on each and every one of not improved but it has completely HARKIN and with me in offering this the 30 counts in the indictment. failed. amendment. C. David Barrett spent $7 million in- Now it is being argued that the law I yield the floor. vestigating former HUD Secretary will expire and there will never be The PRESIDING OFFICER. The Sen- Cisneros on allegations that he lied independent counsels again. I believe ator from Connecticut. about payments to a former mistress. that is an accurate portrayal of the sit- Mr. LIEBERMAN. Mr. President, Mr. Barrett went so far as to indict the uation, but the current five inde- with respect to my colleague from New former mistress over misstatements on pendent counsels should simply be al- Jersey and the other cosponsors of this a mortgage application form. Nor is it lowed to continue in their work. The amendment, I rise to oppose the limited to this administration. question remains, how long and for amendment. I understand some of what In the previous administration, after how much? has moved them to have the strong a 6-year investigation, Lawrence Walsh Mr. Starr has suggested his inves- feelings they do that lead to this indicted Casper Weinberger only 5 tigation may go to the year 2001. He amendment, but I think it is certainly months before the 1992 Presidential has the power for it to continue until ill timed and ultimately ill advised. election in either a moment of political the year 2010, 2020. When will Mr. Bar- I say it is ill timed because the Com- convenience, or worse. Mr. Walsh had rett complete his case, in this decade mittee on Governmental Affairs, on spent $40 million over 7 years in his in- or the next? And, if $50 million was an which I am honored to serve as the vestigation. outrage by the public for the expendi- ranking Democratic member, is in the I believe it is now clear that, despite tures of Mr. Starr, there is nothing be- middle of an inquiry, holding hearings the best of intentions and our frustra- tween here and his expenditure of $100 on the fundamental question of wheth- tion with the Watergate experience, we million, $200 million. Is he the only er to reauthorize the independent coun- now know the independent counsel person in the Federal Government who sel statute, hearings which will con- statute is deeply flawed. It has created will retain the power to unilaterally tinue for at least a month more. I a prosecutor that is accountable to no spend unlimited sums of funds with no think it is worth letting that process one. It is a contradiction with the most oversight for any purpose? work what we hope will be its thought- basic lessons of our Founding Fathers That is what brings me to the floor ful and constructive way. in the Constitutional Convention. In- today with Senator HARKIN, to offer an I know many of my colleagues oppose deed, in Federalist 51, Madison sums up amendment that allows Mr. Starr, Mr. reauthorizing the statute, and that is the need for checks and balances of Barrett, and the other three remaining true of Members on both sides of the every office, every center of power in independent counsels to continue with political aisle, just as I am heartened the Federal Government, with a simple their investigation for 6 months after by the fact that Members on both sides phrase ‘‘Ambition must be made to the expiration of the independent coun- of the political aisle support the reten- counteract ambition.’’ sel statute on June 30. For the remain- tion of the independent counsel statute Mr. Walsh, Mr. Barrett, Mr. Starr, der of this year, they retain their au- or some version of it. I hope we can and Mr. Smaltz are ambitious men, but thority, their budget appropriations, work together to develop a law that es- their ambition is met with no counter- and they should complete their files tablishes the principles of independ- vailing power. and prepare their cases. During that 6 ence of investigation when the highest There is, in theory, in the Office of months, they should work with profes- officials of our Government are sus- the Attorney General the opportunity sional prosecutors in the Justice De- pected of criminal behavior. It may to dismiss for cause, to hold account- partment, the Public Integrity Section, take some time and some convincing. able, but in the political realities of as applicable, and prepare the transfer Most people believe this will not hap- our time no Attorney General could ex- of their cases. The cases will continue. pen by the June 30 expiration date of ercise that authority against an inde- They will be in able hands with profes- the current statute. The statute, there- pendent counsel investigating an ad- sional prosecutors, with ample re- fore, may lapse for a time while we ministration in which he or she is a sources. work on this. But that would not be a component part. This law is not intended to end any catastrophe, because under existing The Congress does not even control investigation. It will not end any in- law the independent counsel who are in the ability of oversight of expendi- vestigation, but it will allow for the or- effect now would continue to do their tures. As a Member of the Senate, and derly transfer of these investigations work. as a member of the Judiciary Com- and prosecutions within the Justice Regardless of how the underlying mittee with oversight responsibilities Department. Those two investigations question of whether we have an inde- for the Judiciary, for the operation of which have not had independent coun- pendent counsel—inside the Justice De- the Attorney General, I wrote to Mr. sels appointed for 3 years, involving partment, outside the Justice Depart- Starr and to the Justice Department Secretary Herman and Secretary Bab- ment—or not, is resolved, I believe it asking about how this $50 million had bitt, are not affected by this amend- would be a serious mistake to single been spent and received nothing but a ment. It is our belief those independent out, as this amendment does, what I

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2912 CONGRESSIONAL RECORD — SENATE March 18, 1999 gather to be four of the independent pants here are involved in controver- information, institutional memory, on- counsels for termination while their in- sial independent investigations. It was going leads and relationships. Much of vestigations are ongoing. In that sense, no accident that the framers of the that would be lost if these cases were this amendment is not just a preemp- Constitution went out of their way in a turned over to the Department of Jus- tive attack on the statute while we are whole series of cases, including in the tice midstream. Again and again, I still considering as a committee and as impeachment provisions in the Con- have heard critics of the independent a body whether to reauthorize it, it is stitution which we have just come counsel statute complain of the ineffi- what might be called a personal attack through, to make it very clear that ciencies involved in requiring newly on the most controversial independent Congress does not have the power to appointed independent counsel to find counsels. In that sense, it actually cuts prosecute. That was one of the lessons office space and assemble staff before against the purpose of the statute in the framers learned from their own his- they begin their work, but we need to the first place, which was to provide tory. So, as we remember in the im- weigh carefully whether there are for independence of investigation and peachment provisions, and it was cen- greater inefficiencies and greater prosecution. The fear was, when the tral to the decision that many of us harms involved in tearing apart these statute was drafted and adopted in 1978 made, that impeachment existed not to offices before they have finished their after Watergate, that prosecution—in- prosecute the President in that case. work. The inefficiencies, I think, would vestigation of high-ranking officials of That was something that the Con- be compounded if we in Congress ulti- our Government would be interfered stitution tells us could be done after an mately pass a statute to replace the with by people in the executive branch individual left office by the appropriate current law. who would be affected by those inves- branch of government. I worry very The legislative process has barely tigations. much about the effect of the precedent begun on the question of whether or There is a way in which this amend- that will be set here, understanding not to renew in its current form or ment puts Congress in a position of some of the concerns that motivate the some revised form the Independent compromising the independence of amendment, but thinking beyond the Counsel statute. None of us, certainly these investigations. Under the amend- current situation. A precedent would not I, can say where this will lead. Per- ment, all the independent counsel in- be set for Congress to intervene and haps a new independent counsel would vestigations besides the ones covered terminate independent criminal inves- have to be appointed and attempt to still operating after the law expires on tigations and/or prosecutions. We do reconstruct the work that had been June 30, would continue. It is not until not have to do it. The law makes clear done. Before a new law is passed, it is they reach the 3-year deadline in the that there are others who can take not clear to me how the Attorney Gen- amendment, but until their work had these steps. The independent counsel eral would be expected to handle the been completed and their offices were statute itself contains a mechanism by investigations that would be returned terminated pursuant to the statutory which the Attorney General can re- to the Department at the end of the provisions which are currently in ef- move any independent counsel, includ- year. fect. ing these four, for cause. So far she has Yesterday, in testimony before the There are two other ongoing inde- declined to use that authority. I think Governmental Affairs Committee, the pendent counsel investigations begun to some extent what is involved here is Attorney General promised to continue in 1998 which, as my friend and col- our respect for her right, as the Na- appointing independent counsel where league from New Jersey, I believe, just tion’s chief law enforcement officer, to necessary, pursuant to regulations, if indicated, would never be affected—in make the decision as to whether to use the current statute expires. fact, would never be affected by this the power we have given her in statute The amendment before us may have amendment. Similarly, there may be to decide whether or not to remove the ironic effect of requiring the Attor- other independent counsel currently these four independent counsel. ney General to immediately appoint a operating under court seal, which we Why should we presume to replace new independent counsel to resume in- would therefore not know about, who our judgment for hers? The statute vestigations and prosecutions that would not be affected. And the Attor- also contains a provision by which ei- were already well underway towards ney General may appoint additional ther the Attorney General, the inde- completion, which I fear might mean independent counsel before the statute pendent counsel, or the special panel of not only a bad precedent and principle, expires on June 30. All of these would three appellate judges can move to ter- but additional expenses as well. not be affected. This amendment as I minate an investigation, if its work Finally, Mr. President, the Attorney understand it and read it, affects only has been substantially completed, General declared yesterday that she is four independent counsel: Kenneth whether or not the independent counsel opposed to reauthorizing the inde- Starr, David Barrett, Donald Smaltz, himself thinks that is the case. This pendent counsel statute, but I think it and Larry Thompson. amendment makes an exception to is fair to say that she nonetheless saw I am not rising to oppose this amend- those ongoing statutory provisions for dangers, problems implicit in the pur- ment because I want to defend the in- four independent counsel. It is not the suit and purpose of the amendment be- vestigations that these four men have proper role of Congress, in my belief, to fore us now. I thought she urged us to carried out. I do not want to. I don’t decide that certain prosecutors should reject it. At least she said it didn’t need to. Some of the criticisms of their be fired in the midst of their work. We make sense to her. I admire her forth- work may be valid; some may not be. should apply the same provisions of the rightness on both counts, though I dis- But that is not the point, as I see it. law to those independent counsel agree with her on one. Whether or not The point is, and the question is: Do we whose investigations have displeased you support the independent counsel in Congress want to set the precedent us, either because of the content or the statute, I hope my colleagues will of terminating an ongoing separate length of the investigations, as we do think twice before going on record and branch investigation and prosecution for those that have not displeased us. supporting the precedent of premature for whatever the reason that it has Even if this amendment’s 3-year cut- termination by Congress of prosecutors aroused our opposition? I think this off applied equally to all of the inde- who are appointed to be independent would be a bad precedent which smacks pendent counsel, it may well constitute guardians of justice, independent from of violation of the separation of powers an unjustifiable interference in ongo- the executive branch and independent doctrine and values. ing criminal investigations. from the legislative branch as well. I know we maintain the power of the The independent counsel statute, as I thank my colleagues. purse, and it is an important power, it exists today and as I mentioned ear- Mr. TORRICELLI. Mr. President, will but it has to be exercised with great lier, grandfathers existing investiga- the Senator yield? discretion and sensitivity, particularly tions, if the statute is not renewed, for Mr. LIEBERMAN. I will. when we are affecting one of the other a number of very good reasons. Among Mr. TORRICELLI. Mr. President, I branches of Government and particu- them are that after a prosecutor has thank the Senator for yielding. larly when we are affecting a branch of spent time on a lengthy and complex I want to make certain that the Government whose particular partici- investigation, he has built up a store of record is complete and accurate. The

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2913 Senator has suggested that it would be ment more and then yield to the Sen- Mr. President, the Starr investiga- interfering with an ongoing criminal ator from Iowa. tion has been traumatic for this coun- investigation. The Senator understands I think the Attorney General yester- try, it has been divisive for our na- that in these 6 months, the inde- day was asked two different questions, tional fabric, and these gaping wounds pendent counsel would have time to quite different, and didn’t give incon- need to be healed. The focus so far has take their cases, as they are now pre- sistent answers, but I think my inter- been on allowing the independent coun- pared, and their relatively small offices pretation was, she said that an amend- sel statute to lapse on the assumption and give them to professional prosecu- ment of this kind would be unwise. She that it will put an end to the episode. tors in the Justice Department who did say that if it was agreed to, the De- In reality, that is far from the case. have been pursuing similar or more im- partment, as the Senator from New The independent counsel statute will portant cases for years. There is no Jersey has indicated, would be capable lapse on June 30, but it does not put an diminution in resources, quality of per- of picking up these cases. end to the ongoing investigations. Keep sonnel, or ability to pursue the case. Secondly, I want to indicate that I in mind that the amendment offered by Ironically, this is probably bad news am not reaching a constitutional judg- the Senator from New Jersey and oth- for the potential defendants, because ment that this is a violation of separa- ers, of which I am a cosponsor, basi- they are going to be facing much more tion of powers. I have tried to be care- cally goes just to those investigations experienced prosecutors. ful in my comments to state that. I do that have been ongoing for over 3 I just wanted to make certain that think it evokes separation of powers years. There are a couple that are less was clear on the record and the Sen- concerns and values. Taking the exam- than 3 years. Our amendment does not ator understood that. ple that the Senator from New Jersey touch them. Mr. LIEBERMAN. Mr. President, I gives of reauthorization of State De- We are only answering the three—ac- thank my friend from New Jersey. I do partment or Energy Department Of- tually there are four. The Senator from understand it. My reaction to it is that fices, to me this would be a little bit Connecticut mentioned the fourth one. we are still taking from these offices like abolishing an assistant It caught me by surprise and I had to that have been working on these cases secretaryship in one of those Depart- look it up. It turns out the fourth one and establishing a precedent for var- ments because we didn’t like the work is an ongoing investigation into Sec- ious reasons. It is a precedent that can that the particular Assistant Secretary retary of HUD Samuel R. Pierce. If I be misused, as time goes on, of termi- was doing and saying, turn it over to am not mistaken, he was Secretary of nating an ongoing independent counsel the Secretary of State or Secretary of HUD under Ronald Reagan. They still prosecution by the individual, firing Energy and let them do it the way they have an investigation going on him. It the individual who is doing it, turning want to do it. While we have the power just goes to show you, these things just it over to the Justice Department, to do that and we have the power of the go on year after year after year. which, of course, has many, many ca- purse, it would set a precedent that What we are saying is, if we have an pable and experienced lawyers, but who could come back to haunt us. independent counsel who has been op- have not been working on this case. I thank my colleagues, I thank my erating for more than 3 years, in 6 Therefore, I think that it would suffer friend from New Jersey, and I yield to months—by the end of this year—they not only from redundancy and ineffi- the Senator from Iowa. have to close up shop and turn it over ciency, but most of all, I worry, no Mr. HARKIN addressed the Chair. to the Justice Department. matter what we think about these four The PRESIDING OFFICER. The Sen- We are not saying that no one will be or the independent counsel statute, it ator from Iowa. let off. No appeal is going to be would set a bad precedent of legislative Mr. HARKIN. Mr. President, I have dropped. No valid investigative lead intervention into independent inves- listened with great interest to the ar- will be abandoned. The cases will be tigation and prosecution. guments made by the author of the Mr. TORRICELLI. Mr. President, will pursued in keeping with Justice De- amendment, Senator TORRICELLI—of the Senator continue to yield for one partment rules by some of the most ex- course, I am a cosponsor of the amend- more inquiry? perienced prosecutors in the country. Mr. LIEBERMAN. I will. ment—and the very lucid and well Again, I point out there is little Mr. TORRICELLI. The point was thought out arguments of my friend doubt that these cases will be under made, as well, as to whether or not this from Connecticut. scrutiny internally at the Justice De- is an unconstitutional interference. First I will respond to my friend from partment, certainly by the media and The right of the Congress to reassign Connecticut by saying that he used the by the Congress. responsibilities, to reassign appropria- word ‘‘ill-timed’’ on a number of occa- We have a President, an Executive, of tions, of course, is an innate part of the sions in his argument. I quite disagree one party, Congress run by another function of Congress. The Senator from with my friend on that. I believe this is party. I daresay there are going to be Connecticut, as did the Senator from perfect timing. some checks and balances here. Anyone New Jersey, I am sure, voted, for exam- What are we talking about here? We who thinks this can be smothered by ple, for the State Department reau- are on a supplemental appropriations the Justice Department does not recog- thorization, the Department of Energy bill. We are making some cuts some- nize how this town works. What it will reauthorization, where we simply reas- place. We are spending money. We are do is save us a lot of money, and that signed executive responsibilities as trying to reach some emergency spend- is what I keep hearing about from my part of our constitutional power. ing moneys that we need, and we are constituents. Finally, I, too, was there for the At- all looking for places to save money. Until I started looking at this inde- torney General yesterday. The Senator Here is one place we can save some pendent counsel law during the im- from Connecticut may remember, I money. That is what this is about, too. peachment trial we had in the Senate, asked her, in my concluding questions, If there is one thing I continually I had not paid all that much attention whether or not the Justice Department hear from my constituents in Iowa and to it. In fact, I admit freely, when the had the resources to deal with these from people around the country, it is, extension passed in 1993, I was one of cases. She was confident they would ‘‘How much more money are you going those who voted to extend it. I wish and could deal with these cases so that to pour down that rat hole?’’ How now I had not, because I think it has justice was done and there was no dim- much more money are we going to run amok. That is why I will be in inution of effort in the pursuit of jus- spend on these special prosecutors that favor of letting it expire on June 30. tice in these cases. go on and on and on? I think the tim- In looking at this, I was trying to I simply want the RECORD to reflect ing is very appropriate right now, when find out how Ken Starr could rack up a that her answer was affirmative. I we are on an appropriations bill talk- bill between $40 million and $50 million thank the Senator from Connecticut ing about how much money we are in less than 3 years. How could that be for yielding and apologize to the Sen- spending and how much money we can possible? ator from Iowa for taking the time. save to meet critical needs in this I began trying to find the line items Mr. LIEBERMAN. I thank my friend country. I think it is very appro- where he was spending the money. from New Jersey. I will speak for a mo- priately timed on this legislation. Guess what I found out. We cannot get

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2914 CONGRESSIONAL RECORD — SENATE March 18, 1999 that information. I can go to the De- Department that has been doing this wisdom of the people of this country partment of Agriculture and I can find for over 20 years. and shut the spigot off and turn it over out where every last nickel they spend I think we have all concluded that to the Justice Department by the end goes. I can go to the Defense Depart- the independent counsel law is fatally of the year. ment and find out exactly where every flawed. Under these circumstances, it I yield the floor. nickel they spend goes. They have to would be a mistake to let the Starr in- Mr. THOMPSON addressed the Chair. line item everything. That is true of vestigation continue on indefinitely The PRESIDING OFFICER. The Sen- any branch of Government but not of without any end date, without any ator from Tennessee. the independent counsel. Believe it or oversight, without any rein on prosecu- Mr. THOMPSON. Mr. President, we not, you cannot find out where he is torial excess, without any rein on at the Governmental Affairs Com- spending the money. All they have to money. mittee are, indeed, conducting hearings put it under is general broad cat- I think we ought to listen to people with regard to the independent coun- sel. The criticisms of the Independent egories, summaries. and let the country move on. Mr. Starr For example, here is a bill, and this has had long enough to investigate Counsel Act have been many and well came from the Los Angeles Times. Whitewater and Monica Lewinsky. The known for many, many years. The Act They said they paid $30,517 for psycho- Senate considered the charges against was passed in 1978. I was one of the logical analysis of evidence in the sui- the President. We dispensed with them. ones who was critical of the idea that cide of former White House lawyer Vin- I think 6 months is long enough to you could set somebody up totally sep- cent Foster by the same Washington wrap things up. Make the referrals he arate and outside the process and not accountable in the very beginning. group that looked into the untimely deems necessary so we can put this be- A lot of my friends now who criticize death of rock musician Kurt Cobain. hind us. Again, I just point out, Mr. Presi- the Act, of course, thought it was a What is that all about? very good idea back when the inde- Then there is $370 a month in park- dent, that Mr. Starr is sort of like a pendent counsel were investigating the ing. We do not know who for or what gold-plated energizer bunny—his inves- other party. All of the criticisms about for, but it is there, $370 a month. Here tigation keeps going on and on, and the Mr. Starr, of course, were applicable to is $729,000 on five private investigators money just keeps going up and up and Mr. Walsh’s investigation, which went who were hired to supplement dozens of up. on longer, cost more than Mr. Starr’s FBI agents. What did it go for? Where Twenty independent counsel inves- tigations have been initiated since 1978, investigation back during previous ad- did that money go? We do not know. ministrations. at a cost estimated at nearly $150 mil- Here is a report that Mr. Starr paid We should not look at this in terms lion. Here is one. Donald Smaltz began $19,000 a month in rent at a luxury of who is investigating whom. As I say, apartment building for staff members— his $17 million investigation of former I have been critical of it all along. I 19,000 bucks a month? I would like to Ag Secretary Espy in November 1994. still am. But the question is, Where is know what he was renting. Again, we He filed 30 counts. The jury threw them the power going to reside if you have a do not know because we cannot get all out. The jury threw them all out. real conflict of interest? If you have a into the line items. He spent $17 million. What happened? President of the United States who has That is just another glaring defi- Well, it sure ruined Agriculture Sec- been accused of serious misconduct, ciency in this huge loophole that we retary Espy, I can tell you that; but can his appointee, the Attorney Gen- opened with the independent counsel the jury found him innocent—$17 mil- eral, investigate that with any credi- law. It is, in fact, a fourth branch of lion. bility? I think for most of the Attor- Government with no checks and bal- David Barrett began his investiga- neys General we have had throughout ances and no accountability to Con- tion, which I understand is now around our history, the answer is, yes, they gress. $7 million, of former Housing Secretary have been people of great integrity. Despite the fact that Mr. Starr made Cisneros in May of 1995. But what about the perception? Is that his referral to Congress, it was consid- So the bills just keep getting racked a good idea? ered and dispensed with through a up. The independent counsel keep So if we do not have an independent long, tortuous episode in the House and going, and the people of this country counsel, we give it back to the em- long, tortuous episode in the Senate are wondering, What in the heck are we ployee of the President to investigate with the impeachment trial. According doing? Here we are on an appropria- the President? That is an inherent con- to newspaper accounts, Mr. Starr has tions bill, we are trying to scrounge flict of interest. Attorney General no plans to wind things down. In fact, every nickel, every penny we need to Reno herself, the Department, the ad- there are indications he may keep the meet the critical needs of people in ministration back in 1993, all agreed investigation going not for 1 year, not this country. We have it in the farm that was a bad idea, and they were for for 2 years, but for 3 more years. That sector. We have a lot of critical needs the independent counsel. Now, recent is why we are offering our amendment; in rural America, I can tell you that events, and Mr. Starr’s criticism, has cut funding in 6 months for any inde- right now, with the devastating crop caused them to reverse on a dime and pendent counsel investigation that has prices and livestock prices. And we are say that they have discovered struc- been ongoing for 3 years or more. That looking for money for some assistance tural defects in the statute. is enough time. for farmers. We can’t find it. Yet we The statute has been basically the The Starr investigation has been have millions for Ken Starr and for all same since 1978. They are just now dis- going now for almost 5 years, and I these other investigators to just keep covering those structural defects in the think we are pretty darn close to $50 living in luxury apartments and run- statute. It looks an awful lot like the million, maybe more by now. We are ning up the bills to the taxpayers with question of, Whose ox is being gored? just saying, during these 6 months, to no accountability. But we are trying to stay away from Mr. Starr and these other independent So that is why I think we have to do too much of that. counsel, even the one who is inves- this. Six months is long enough. I do I have been critical, of course, of this tigating Samuel Pierce from the not know what the Governmental Af- Justice Department in not appointing Reagan administration, it is time to fairs Committee will report out, when an independent counsel in the case that put their books together and make any they report it out. It is my own obser- I feel calls out for it the most. We have referrals for any additional action or vation that when this law expires on a classic case with regard to the cam- investigations to the Attorney Gen- June 30 there are not the votes here to paign financing scandal—one of the eral. extend it. Some people may want to ex- largest scandals we have ever had in This deadline gives plenty of time to tend it, but I do not think there will be this country—a classic case for why the independent counsel to finish their the 60-plus votes necessary to extend the independent counsel law was work. And, again, if there is any prob- that law. But that does not make any passed. Yet all these others have been lem, the American people can rest as- difference; the ones that are going on appointed, but when it comes to the big sured that these cases will be handled now can just keep right on going. I just guy, we do not have an appointment in by a specialized office of the Justice think it is time to heed the common that particular case.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2915 But, that aside, we are trying to ex- Congress should not be interjecting NAYS—30 amine all sides of this: Should we con- itself to terminate investigations at Ashcroft Enzi Santorum tinue the law? Should we not continue midstream when there is also a mecha- Bunning Feingold Sessions the law? And if we continue the law, Burns Grassley Shelby nism, if it is justified, for that to be Collins Hatch Smith (NH) should we modify it? All those are pos- done. So I sincerely hope that my col- Conrad Helms Snowe sibilities. All those are on the table. leagues will join me in opposing this Coverdell Hollings Specter And we do not know what the result is amendment. Craig Hutchinson Thompson going to be yet. Crapo Inhofe Thurmond I yield the floor. DeWine Kyl Torricelli So along comes this amendment that Dorgan Lott Wellstone is on the floor now—a terribly bad idea. Mr. STEVENS. Mr. President, I in- Regardless of whether you are for the tend to move to table this amendment. NOT VOTING—1 independent counsel statute or against It is a very serious subject and we have McCain the independent counsel statute, the had extensive hearings before the Gov- The motion to lay on the table the idea that Congress should step in, ei- ernmental Affairs Committee, which amendment (No. 89) was agreed to. ther now, 3 months from now, or 6 Senator THOMPSON chairs. I do believe Mr. STEVENS. Mr. President, may months from now, and call to a halt in- we will have to address this subject at we have order? vestigations that have been going on a later time in the Senate, but this is The PRESIDING OFFICER. The Sen- for a year—not just Mr. Starr’s inves- not the time to do it. ate will be in order. The Senator from tigations but other independent coun- Therefore, I move to table that Alaska. sel—and say, ‘‘Congress knows best; amendment and I ask for the yeas and AMENDMENT NO. 92 we’re going to get into the middle of nays. Mr. STEVENS. Mr. President, under these criminal investigations, and al- The PRESIDING OFFICER. Is there a the agreement we have, there will be 1 though we set up the independent sufficient second? minute on each side to explain the next amendment. Senator TORRICELLI will counsel law that was passed in this There is a sufficient second. be first with that minute. Following U.S. Congress—they were duly ap- The yeas and nays were ordered. pointed—we’re going to call a halt to that, I have 2 minutes to explain to the them because we don’t like the people Mr. STEVENS. I ask unanimous con- Senate what we have to do after this who are being investigated; we don’t sent there be 2 minutes equally divided vote. like the amount of money that you’re for explanation of the second amend- The yeas and nays have been ordered, spending,’’ or all those newfound criti- ment prior to the vote on the second Mr. President. I did order the yeas and cisms that we have been silent on up amendment, that is, this amendment I nays. But before that vote, Senator until now since 1978, is an extraor- have just moved to table. TORRICELLI is to be recognized for 1 dinarily bad idea. The PRESIDING OFFICER. Without The Congress has already determined objection, it is so ordered. minute. It is only 1 minute. I hope we could have order so the Senate can that even if the independent counsel Mr. STEVENS. Mr. President, I ask law lapses, these investigations that hear these Senators. unanimous consent for 2 minutes be- The PRESIDING OFFICER. The Sen- are ongoing should continue. tween the two votes to explain the ator from New Jersey. The Attorney General can ask the process that will occur after that vote. Mr. TORRICELLI. Mr. President, be- three-judge panel to call a halt to an The PRESIDING OFFICER. Without fore the Senate is the question of when investigation if she believes that it is objection, it is so ordered. the independent counsel statute ex- justified. She has not done that. In Mr. STEVENS. Is all time expired? pires. There is still the issue of the ap- fact, the Attorney General does not propriations, and whether the poor support this amendment. This amend- The PRESIDING OFFICER. All time has expired. continuing independent counsel will be ment would say: Let’s call a halt to all able to spend, not just this year, but on of it and give it back to the Attorney VOTE ON AMENDMENT NO. 89 into the future, $10 million, $20 million, General. The PRESIDING OFFICER. The $100 million. I asked the Attorney General yester- question is on agreeing to the motion We begin the orderly process, on 6- day, in Governmental Affairs, just one to table the amendment of the Senator month notice, of moving those cases question: ‘‘As a matter of policy, do from Arkansas. On this question, the into the Public Integrity Section of the you think it would be wise for Congress yeas and nays have been ordered, and Justice Department where the Attor- to terminate current ongoing inves- the clerk will call the roll. ney General has assured us she is pre- tigations, regardless of what happens The bill clerk called the roll. pared to receive the cases. They will be after that?’’ Attorney General Reno’s Mr. NICKLES. I annouce that the pursued professionally and prosecuted response: ‘‘I think since these inves- to the full extent of the law. All we tigations are underway, they should Senator from Arizona (Mr. MCCAIN), is necessarily absent. have provided for is the orderly trans- probably be concluded under the cur- fer of those cases. Justice will be done. rent framework.’’ So she doesn’t sup- The result was announced—yeas 69, Every case will be pursued. It will be port this amendment, an extraor- nays 30, as follows: done within the Justice Department, dinarily bad idea. [Rollcall Vote No. 54 Leg.] and at long last there will be account- So it goes back to the Attorney Gen- YEAS—69 ability of how much we spend. eral under this amendment, as I say, If you have been asked by constitu- not just Mr. Starr’s investigation, but Abraham Feinstein Lincoln Akaka Fitzgerald Lugar ents: Isn’t $50 million too much? Will it the investigation with regard to Mr. Allard Frist Mack be $100 million? Will it be $200 million? Cisneros, for example, others, the Webb Baucus Gorton McConnell This is the answer to your constitu- Hubbell investigation. All of that Bayh Graham Mikulski Bennett Gramm Moynihan ents’ inquiry. It is control, but it also would be brought to an end and sent Biden Grams Murkowski assures justice within the Department. back to the Attorney General. Bingaman Gregg Murray The PRESIDING OFFICER (Mr. FITZ- And she has two choices: She can ei- Bond Hagel Nickles GERALD). The time of the Senator has ther keep it and dispose of it herself, at Boxer Harkin Reed expired. The Senator from Tennessee. Breaux Hutchison Reid a time when that Department probably Brownback Inouye Robb Mr. THOMPSON. Mr. President, the has less credibility than it has had in Bryan Jeffords Roberts Senate has previously determined if, in many, many years; or she can launch a Byrd Johnson Rockefeller fact, the Independent Counsel Act is al- new investigation and call for a new Campbell Kennedy Roth lowed to expire, investigations that are Chafee Kerrey Sarbanes special counsel to come in—extraor- Cleland Kerry Schumer currently underway will be ongoing. dinarily expensive, wasteful, nonsen- Cochran Kohl Smith (OR) Why did the Senate decide that? The sical, Mr. President; a very, very bad Daschle Landrieu Stevens obvious reason is it is a bad idea for idea, whether or not you are for or Dodd Lautenberg Thomas the Congress to be terminating inves- Domenici Leahy Voinovich against the extension of the Inde- Durbin Levin Warner tigations in midstream and sending pendent Counsel Act. Edwards Lieberman Wyden them back to Justice.

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AMENDMENTS NOS. 93, 94, 95, 96, 97, 98, EN BLOC have to continue the investigation and Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, I am bring somebody else in to do it, which unanimous consent that the order for going to send to the desk a package of would be terrible in terms of efficiency. the quorum call be rescinded. amendments. I asked Attorney General Reno in the The PRESIDING OFFICER. Without The first is an amendment by Sen- Governmental Affairs Committee what objection, it is so ordered. ators HELMS and MCCONNELL directing she thought about it. She said, ‘‘I Mr. STEVENS. Mr. President, we are the Office of Inspector General, Agency think, since these investigations are prepared to go through any amendment for International Development, to underway, they should probably be that is going to be offered and give our audit expenditures for emergency relief concluded under the current frame- advice as quickly as possible as to activities. work.’’ whether or not we will support that The second is an amendment by Sen- I suggest this is a very bad idea and amendment. I urge Senators to bring ator REID to provide an additional should be defeated. the amendments to us. Senator BYRD $500,000 for technical assistance related The PRESIDING OFFICER. The Sen- and I will go over them immediately, to shoreline erosion at Lake Tahoe, ator from Alaska. and we can determine how many of NV. Mr. STEVENS. Mr. President, I ask these amendments we might have to The next is an amendment by Sen- ator KYL to provide an additional $5 for 2 minutes here to inform the Senate vote on. As soon as the leader has made million for emergency repairs to what procedure I hope we will follow at his request for a time agreement, we Headgate Rock hydroelectric project in this time. We have a list of amend- will go further into the operation here of the Senate before we finish this bill. Arizona. ments here, some 70 amendments, but I Next is an amendment by Senators do not expect them all to be offered. Mr. CHAFEE addressed the Chair. DOMENICI and REID making a rescission The PRESIDING OFFICER. The Sen- Particularly, I do not expect them all of $5.5 million to funds available to the to be offered when you see what is ator from Rhode Island. Mr. CHAFEE. Mr. President, I am cu- Corps of Engineers to offset additional going to happen to this amendment. I funds provided in the previous two rious to know what amendments might say that advisedly, after being advised amendments. be coming up. Is there a list available by the proponents. Next is an amendment by Senators we can look at? Obviously, they are not But, Mr. President, it is going to be JEFFORDS and BINGAMAN directing the my policy as the majority manager of all going to be approved. It is my un- Agency for International Development this bill to move to table every amend- derstanding, from what the manager to undertake efforts to promote refor- ment that is not cleared on both sides. said, if any amendment is objected to, estation and other environmental ac- This is an emergency measure. We are then he will include that amendment tivities. going home a week from Friday. Next in those to be tabled by voice vote? Last is an amendment by Senator week is all taken up with the budget. Mr. STEVENS. I don’t know about LEVIN allowing the President to dis- We either get this done now so we can the voice votes, Mr. President, if the pose of certain material in the Na- go to conference with the House on Senator will yield. I do know we will tional Defense Stockpile. Monday or Tuesday and bring it back have a list here very soon. The leader These have all been cleared on both before Friday, or we might as well for- will present it. That is what we are sides, and they are all fully offset. get about it. waiting for now. I do say we have a ten- I send the package to the desk and So I respectfully inform the Senate I tative list. We are trying to winnow ask unanimous consent that they be shall move, as the manager, to table that down, but if we can get agreement considered en bloc. every amendment that does not have on that list, I think then we can pro- The PRESIDING OFFICER. Without bipartisan support. So, if you have an ceed. I don’t know whether we can get objection, it is so ordered. The clerk amendment on that list and you do not agreement on the list and that is what will report the amendments. want to lose on it, now is the time to we are waiting for. But we will show The legislative clerk read as follows: take it off. you the list as soon as possible. The Senator from Alaska (Mr. STEVENS), Mr. GRAMM addressed the Chair. Mr. CHAFEE. Should we wait around for Mr. HELMS, Mr. MCCONNELL, Mr. REID, Mr. STEVENS. Mr. President, I ask here? Mr. KYL, Mr. DOMENICI, Mr. JEFFORDS, Mr. unanimous consent the yeas and nays Mr. STEVENS. We should have that BINGAMAN, and Mr. LEVIN), proposes amend- ments Nos. 93 through 98, en bloc. that have been ordered be vitiated, and list within about 20 or 30 minutes. we take a voice vote on this amend- Mr. President, I suggest the absence Mr. STEVENS. Mr. President, I ask ment. of a quorum. unanimous consent that the reading of The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The the amendments be dispensed with. The PRESIDING OFFICER. Without objection? clerk will call the roll. Mr. THURMOND. Mr. President, I objection, it is so ordered. Mr. GRAMM. Reserving the right to The amendments are as follows: object, may I pose a question to the ask unanimous consent that the order AMENDMENT NO. 93 Senator? for the quorum call be rescinded. (Purpose: Relating to activities funded by Mr. STEVENS. Yes. The PRESIDING OFFICER. Without objection, it is so ordered. the appropriations to the Central America Mr. GRAMM. This is a motion to and the Caribbean Emergency Disaster Re- table the amendment? PRIVILEGE OF THE FLOOR covery Fund) Mr. STEVENS. Yes. The Senator will Mr. THURMOND. I ask unanimous On page 8, line 22, insert before the proviso see we are going to voice vote it and it consent the privilege of the floor be the following: ‘‘Provided further, That up to will carry. granted to Ernie Coggins, a legislative $1,500,000 of the funds appropriated by this Mr. GRAMM. With that assurance fellow, during the pendency of the heading may be transferred to ‘Operating Ex- from the manager of the bill, I do not emergency supplemental appropria- penses of the Agency for International De- object. tions bill. velopment, Office of Inspector General’, to The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without remain available until expended, to be used for costs of audits, inspections, and other ac- objection, it is so ordered. objection, it is so ordered. tivities associated with the expenditure of Mr. STEVENS. I thank the Chair. Mr. STEVENS. Mr. President, I sug- funds appropriated by this heading: Provided THE PRESIDING OFFICER. If there gest the absence of a quorum. further, That $500,000 of the funds appro- be no further debate, the question is on The PRESIDING OFFICER. The priated by this heading shall be made avail- agreeing to the motion. clerk will call the roll. able to the Comptroller General for purposes

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of monitoring the provision of assistance (c) MINIMIZATION OF DISRUPTION AND 2. Counterdrug funding. using funds appropriated by this heading: LOSS.—The President may not dispose of ma- Smith (NH): Kosovo. Provided further, That any funds appropriated terial under subsection (a) to the extent that Enzi: by this heading that are made available for the disposal will result in— 1. States’ rights. nonproject assistance shall be obligated and (1) undue disruption of the usual markets 2. Livestock assistance. expended subject to the regular notification of producers, processors, and consumers of 3. Livestock assistance. procedures of the Committees on Appropria- the material proposed for disposal; or 4. Relevant. tions and to the notification procedures re- (2) avoidable loss to the United States. Murkowski: Glacier Bay. lating to the reprogramming of funds under (d) RELATIONSHIP TO OTHER DISPOSAL AU- Ashcroft: Emergency assistance to USDA. section 634A of the Foreign Assistance Act of THORITY.—The disposal authority provided in Bond: 1961 (22 U.S.C. 2394–1):’’. subsection (a) is new disposal authority and 1. Hog producers. 2. 1998 disaster. AMENDMENT NO. 94 is in addition to, and shall not affect, any Jeffords: Relevant. Insert in the appropriate place: other disposal authority provided by law re- garding the material specified in such sub- Gramm: DEPARTMENT OF DEFENSE—CIVIL section. 1. Strike emergency designation. DEPARTMENT OF THE ARMY (e) NATIONAL DEFENSE STOCKPILE DE- 2. Steel loan program (4 amendments). Corps of Engineers—Civil FINED.—In this section, the term ‘‘National 3. Offsets (4 amendments). 4. Relevant. CONSTRUCTION, GENERAL Defense Stockpile Transaction Fund’’ means the fund in the Treasury of the United States Kohl: Bankruptcy technical correction. For an additional amount for ‘‘Construc- established under section 9(a) of the Stra- Lincoln: tion, General,’’ $500,000 shall be available for tegic and Critical Materials Stock Piling Act 1. Debris removal. technical assistance related to shoreline ero- (50 U.S.C. 98h(a)). 2. CRCT. sion at Lake Tahoe, NV caused by high lake Gorton: Loan deficiency payments. levels pursuant to Section 219 of the Water Mr. STEVENS. Mr. President, I ask Dorgan: Shared appreciation amendment. Resources Development Act of 1992. unanimous consent that the amend- Kohl: NRCS conservation operation fund- AMENDMENT NO. 95 ments be agreed to en bloc. ing. Insert in the appropriate place: The PRESIDING OFFICER. Without Lott: 3 relevant amendments. Lott: Rules. DEPARTMENT OF THE INTERIOR objection, it is so ordered. The amendments (Nos. 93, 94, 95, 96, DeWine: Steel. BUREAU OF RECLAMATION Leahy/Jeffords: Funding for apple growers. Water and Related Resources 97, and 98) were agreed to. Cochran: Mr. STEVENS. I move to reconsider For an additional amount for ‘‘Water and 1. Relevant. Related Resources’’ for emergency repairs to the vote by which the amendments 2. Relevant. the Headgate Rock Hydroelectric Project, were agreed to, and I move to lay that Grams: $3.4 million transfer within HUD. $5,000,000 is appropriated pursuant to the motion on the table. Burns: Sheep improvement center. Snyder Act (25 U.S.C.), to be expended by the The motion to lay on the table was Nickles: Emergency. Bureau of Reclamation, to remain available agreed to. Craig: Agriculture sales to Iran. until expended. Mr. STEVENS. Mr. President, I sug- Biden: Relevant. Bingaman: AMENDMENT NO. 96 gest the absence of a quorum. 1. SoS Home care. Insert in the appropriate place: The PRESIDING OFFICER. The 2. Energy related. DEPARTMENT OF DEFENSE—CIVIL clerk will call the roll. 3. Ag related. DEPARTMENT OF THE ARMY The legislative clerk proceeded to Byrd: Corps of Engineers—Civil call the roll. 1. Relevant. 2. Relevant. CONSTRUCTION, GENERAL Mr. LOTT. Mr. President, I ask unan- imous consent that the order for the 3. Relevant. Of the amounts made available under this Daschle: heading in P.L. 105–245 for the Lackawanna quorum call be rescinded. 1. Ellsworth AFB. River, Scranton, Pennsylvania, $5,500,000 are The PRESIDING OFFICER. Without 2. Missouri River. rescinded. objection, it is so ordered. 3. Firefighters. AMENDMENT NO. 97 UNANIMOUS-CONSENT AGREEMENT 4. Relevant. On page 9, line 10 after the word ‘‘amend- Mr. LOTT. Mr. President, I ask unan- 5. Relevant. ed’’ insert the following: ‘‘: Provided further, imous consent that the following 6. Relevant. That the Agency for International Develop- 7. Tobacco recoupment. amendments be the only remaining Dorgan: Grain sale to Iran. ment should undertake efforts to promote first-degree amendments in order to S. reforestation, with careful attention to the Durbin: choice, placement, and management of spe- 544, with the exception of the pending 1. Medicaid recoupment. cies of trees consistent with watershed man- amendments; that they be subject to 2. Kosovo (2nd degree). agement objectives designed to minimize fu- relevant second-degrees and that no 3. Relevant. ture storm damage, and to promote energy other motions, other than motions to Edwards: TANF. conservation through the use of renewable table, be in order. Feinstein: WIC increase. Feingold: Relevant. energy and energy-efficient services and I submit the list and, Mr. President, technologies: Provided further, That reforest- Harkin; I believe the Democratic leadership has 1. Tobacco. ation and energy initiatives under this head- a copy of this list also. ing should be integrated with other sustain- 2. Relevant. able development efforts’’. The list of amendments is as follows: 3. Relevant. AMENDMENT LIST FOR SUPPLEMENTAL 4. Relevant. AMENDMENT NO. 98 Johnson: Domenici: (Purpose: To authorize the disposal of the 1. Relevant. 1. New Mexico southwest border HIDTA. zirconium ore in the National Defense 2. Relevant. 2. Oil/gas loan guarantee. Stockpile) 3. Relevant. Specter/Durbin: Unfair foreign competi- Kerry: Hard rock mining. On page 58, between lines 15 and 16, insert tion/trade fairness. Kerrey: Flood control—Corps of Engineers. the following: Hutchison: Kosovo. Landrieu: TITLE V—MISCELLANEOUS Robb: Cavalese, Italy claims. 1. Central America—disaster fund. SEC. 5001. (a) DISPOSAL AUTHORIZED.—Sub- Stevens: 2. Immigration. ject to subsection (c), the President may dis- 1. Non-Indian health service. 3. Immigration. 2. Glacier Bay compensation. pose of the material in the National Defense Leahy: Apple growers. 3. Relevant. Stockpile specified in the table in subsection Levin: Relevant. 4. Relevant. (b). Murray: Rural schools—class size fix. Hatch: Ethical standards for Federal pros- (b) TABLE.—The total quantity of the ma- Reed: OSHA Small farm rider. ecutors. terial authorized for disposal by the Presi- Robb: Ski gondola victims. Gregg: Fishing permits. dent under subsection (a) is as follows: Torricelli: Relevant. Gorton: Graham: 1. Hardrock mining. Authorized Stockpile Disposal 1. Micro Herbicide. 2. Power generation equipment. 2. Sec. 3002—Counterdrug. Material for disposal Quantity Brownback/Roberts: Natural gas producers. DeWine: The PRESIDING OFFICER. Is there Zirconium ore ...... 17,383 short dry tons 1. Counterdrug research. objection?

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2918 CONGRESSIONAL RECORD — SENATE March 18, 1999 Mr. DASCHLE. Mr. President, reserv- week. Therefore, we do not want to run temporarily. The meeting is going on ing the right to object, and I will not, this to final completion. This will in the leader’s office. I wonder if the I will just describe the list for our col- allow us to stop at a critical point and Senator knows that is going on and leagues to indicate that there are ap- wait for the House action and then go should participate in that. proximately 45 Republican amend- straight to conference. Mr. SPECTER. I thank the chairman. ments and approximately 35 Demo- Finally, I ask that the Senate bill be I will participate. I want to make just cratic amendments on the list just sub- placed back on the Calendar and final a couple of comments. mitted, but I do not object. I support passage occur no later than 11 a.m. on Mr. President, the Kosovo matter the request made by the majority lead- Friday, March 19, and that paragraph 4 again raises the issue about the respec- er. of rule XII be waived. tive power of Congress under the Con- Mrs. HUTCHISON. Reserving the The PRESIDING OFFICER. Is there stitution, the sole authority to declare right to object, I want to make sure I objection? war, and the authority of the President understand what the majority leader Mr. DASCHLE. Mr. President, I have as Commander in Chief. This is a recur- has put forward. The amendments just noted that there are approxi- rent theme of consideration. would be amendable with relevant sec- mately 90 amendments. I agree with Within the course of the past year, ond-degrees; is that correct? Would the characterization of the majority we faced the issue of airstrikes, which substitutes also be allowed on amend- leader that we have the two finest were anticipated against Iraq in Feb- ments? managers the Senate could put forth as ruary of 1998. At that time, I wrote the Mr. LOTT. Mr. President, in answer- we work through this bill, and I am President, and spoke on the floor of the ing the question of the Senator from sure that they will cut through those Senate calling on the President to seek Texas, all first-degree amendments amendments like a knife through hot congressional authority, if action was that are listed would be subject to rel- butter. As eternal an optimist as I am, contemplated there, because an air- evant second-degree amendments, but I am still not optimistic at this point strike was an act of war and only the if they are not on that list, then they that we can complete work on all 90 Congress of the United States has the would not be subject to relevant sec- amendments prior to 11 o’clock, so I authority to involve the Nation in war. ond-degree amendments. I guess that a will object. There are circumstances where the second-degree amendment in the na- I do ask for the cooperation of our President has to act in emergency situ- ture of a substitute would be in order. colleagues in the hopes that we can fin- ations, where as Commander in Chief The PRESIDING OFFICER. If it is ish this bill. Obviously, there is a great he must act in the absence of an oppor- relevant, it would be in order. deal of work that yet needs to be done. tunity for congressional consideration. Mrs. HUTCHISON. Thank you. If we work this afternoon and work At that time, there was adequate op- The PRESIDING OFFICER. The ma- hard, perhaps as early as this evening portunity for congressional consider- jority leader. we might be able to finish, but let’s ation. However, it was not undertaken, Mr. LOTT. Did we get agreement to give it our best effort and revisit the and that incident passed without any that request? I will go ahead and com- question of when we can go to final military action. We then had the plete the entire request. Let me say on passage. So I object. events of this past mid-December the list of amendments, Senator Mr. LOTT. Mr. President, I revise my where airstrikes were launched on Iraq. DASCHLE is correct. There are appar- unanimous consent request. It is the Again, on that occasion, I had written ently 80-something amendments on same as earlier stated, but I will delete to the President of the United States that list. I assume that a lot of them the last phrase with regard to these urging that he make a presentation to are defensive in nature and some of words: ‘‘And final passage occur no the Congress as to what he wanted to them can very likely be accepted. We later than 11 a.m. on Friday, March 19, do. Again, airstrikes constitute an act have the two best managers, probably, and that paragraph 4, rule XII, be of war, and we have learned from the in the Senate handling this bill—the waived.’’ Therefore, it will conclude bitter experience of Vietnam that we Senator from Alaska, Mr. STEVENS, and with these words: ‘‘Finally, I ask that cannot successfully undertake a war the Senator from West Virginia, Mr. the Senate bill be placed back on the without the support of the American BYRD. I am sure they will go through Calendar.’’ people. And the first action to obtain that list like a knife through hot but- The PRESIDING OFFICER. Is there that support is from the Congress of ter. But there are some on that list objection? Without objection, it is so the United States. that certainly will have to be dealt ordered. We have now been in Bosnia for a with in the regular order. We will work Mr. LOTT. I thank Senator DASCHLE. protracted period of time. Originally, on our side to get that list worked Mr. President, I yield the floor. this was supposed to be a limited en- down, just as I am sure Senator Mr. STEVENS. Mr. President, I sug- gagement. That has been extended. DASCHLE will. gest the absence of a quorum. Congress enacted legislation to cut off Mr. President, I further ask unani- The PRESIDING OFFICER. The funds under certain contingencies. mous consent that following the dis- clerk will call the roll. That has all lapsed, and we remain in position of the above-listed amend- The legislative clerk proceeded to Bosnia with very substantial expendi- ments, the bill be advanced to third call the roll. tures. Fortunately, there has not been reading and passage occur, all without Mr. SPECTER. Mr. President, I ask military action. So although there any intervening action or debate. I fur- unanimous consent that the order for have been some casualties, it has not ther ask that the bill remain at the the quorum call be rescinded. been as a result of a conflict. desk, and when the Senate receives the The PRESIDING OFFICER. Without We are looking at a situation in House companion bill, the Chair auto- objection, it is so ordered. Kosovo which is enormously serious. I, matically strike all after the enacting Mr. SPECTER. Mr. President, there again, urge the President of the United clause, insert the text of S. 544, as is likely there will be an amendment States to make a presentation to the amended, the House bill be advanced to offered relating to Kosovo. I would like Congress as to what he would like to third reading and the bill be passed, all to speak briefly on that subject, if I undertake. The House of Representa- without intervening action or debate. may, in the absence of any other Sen- tives, by a fairly narrow vote, author- I further ask that the Senate insist ator on the floor. ized some limited use of force in on its amendments, request a con- I note the distinguished chairman of Kosovo. The headline featured was ference with the House, and the Chair the Appropriations Committee has just ‘‘President Gets Support That He Had be authorized to appoint conferees on come to the floor. Does the chairman Not Asked For’’. Presidents are very the part of the Senate. wish to take the floor? reluctant to come to the Congress with For the information of those who Mr. STEVENS. Will the Senator a request for authorization, because might be wondering about that, the yield? that may be interpreted to dilute their House has not yet acted on this supple- Mr. SPECTER. I do. authority to act as Commander in mental. It is anticipated they will not Mr. STEVENS. Mr. President, the Chief unilaterally without congres- act until Tuesday or Wednesday of next Kosovo amendment has been set aside sional authority.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2919 I had filed a resolution on the use of gress of the United States, a Constitu- The bill clerk proceeded to call the force with missile and airstrikes, which tional commitment in the United roll. would involve minimal risk and strike States, to act. What the President may Mr. STEVENS. Mr. President, I ask where there are no U.S. personnel do unilaterally, of course, is a matter unanimous consent that the order for placed in harm’s way. I did that really which has always been a little ahead of the quorum call be rescinded. to stimulate debate by Congress on the process. It is a fact that frequently The PRESIDING OFFICER. Without what authorization there should be. Congress sits by and awaits Presi- objection, it is so ordered. But it is more than a matter of notifi- dential action. f cation. The administration talks of no- If it is a success, fine. If it is a fail- RECESS SUBJECT TO THE CALL OF tification, and very frequently even no- ure, then there may be someone to THE CHAIR tification is a virtual nullity coming at blame—the President, not the Con- a time when Congress has no oppor- gress. Mr. STEVENS. Mr. President, I ask tunity to really be involved in the deci- But it is my hope the President will unanimous consent that the Senate sion making process. come to the Congress, tell the Congress stand in recess subject to the call of I can recall back in mid-April of 1986 what it is he wants, tell the American the Chair, which will occur about 5 when President Reagan ordered the air- people what it is the President thinks o’clock. strike on Libya. The consultation was ought to be done so we can have an un- There being no objection, the Senate, had—really notification, not consulta- derstanding as to what is involved at 4:37 p.m., took a recess subject to tion, the difference being that if you here. So we can have an understanding the call of the Chair. notify, you are simply telling Congress as to what the risks are, what the ob- The Senate reassembled at 5:31 p.m., what has happened. If you consult, that jectives are, what the end game is, and when called to order by the Presiding has the implication that there may be what the exit strategy is. Then we can Officer (Mr. SMITH of Oregon). some response from the administration make a rational decision. The PRESIDING OFFICER. The Sen- depending on the congressional reac- I yield the floor. ator from Alaska. tion. Both are vastly short of author- Mr. President, I suggest the absence Mr. STEVENS. Mr. President, for the ization, which is what the Constitution of a quorum. information of the Senate, I have been requires on a declaration of war. The PRESIDING OFFICER (Mr. notified that we can ask unanimous But, in any event, in mid-April of CRAPO). The clerk will call the roll. consent to remove from the agreement 1986, congressional leaders were sum- The bill clerk proceeded to call the list of amendments for this bill the moned to be told that the planes were roll. Landrieu amendments on immigration, in flight. There was a meeting with Mr. STEVENS. Mr. President, I ask the Edwards amendment on TANF, and many Senators shortly after the attack unanimous consent that the order for the Specter amendment on unfair for- occurred, there was quite an inter- the quorum call be rescinded. eign competition. I ask unanimous con- esting debate between the Senator The PRESIDING OFFICER. Without sent they be deleted. from West Virginia, Senator BYRD, and objection, it is so ordered. The PRESIDING OFFICER. Without Secretary of State Schultz as to wheth- Mr. STEVENS. Mr. President, I have objection, it is so ordered. er Congress could have had any effect, a progress report for the Senate. Our Mr. STEVENS. Mr. President, these or whether congressional leaders could chief of staff, Mr. Cortese, has just in- amendments have been withdrawn have had any effect, if they wanted to formed me that we have approximately after consultation. I congratulate the have an impact on that situation. 20 of the 70 amendments that were list- Senators for their willingness to work But when we take a look at what is ed on the agreement almost ready for with us and urge other Senators to happening now in Kosovo with a mass- presentation for approval on a bipar- come forward and tell us if they do not ing of forces, and we take a look at the tisan basis. intend to offer their amendments. We terrain, we take a look at the air de- I am making this statement to ap- are very close to proceeding with a fense, we may be involved in more than peal to Senators who have amendments package of amendments here. There is missile strikes. And it is one thing to on the list to bring them to our staff so one last problem. support missile strikes. It is quite an- we can review them now, and I hope Mr. President, I suggest the absence other thing to support airstrikes. It all that when we explain to them why we of a quorum. depends upon the facts and the cir- cannot take them, they will withdraw The PRESIDING OFFICER. The cumstances in situations where the their amendments. clerk will call the roll. Congress needs to know more, and the I am hopeful we can pursue a process The legislative clerk proceeded to American people need to know a great and find a way to complete action on call the roll. deal more. this bill by noon tomorrow. I do hope Mr. STEVENS. Mr. President, I ask So it is my hope that the President that will happen. unanimous consent that the order for will address this issue, will tell the I will be able to present those other the quorum call be rescinded. Congress of the United States what he amendments to the Senate for approval The PRESIDING OFFICER. Without would like to do in Kosovo, seek au- on a bipartisan basis probably within objection, it is so ordered. thorization from the Congress, and tell an hour or so. Meanwhile, we cannot AMENDMENTS NOS. 100 THROUGH 110, EN BLOC the American people what he has in proceed all the way through the Mr. STEVENS. Mr. President, I shall mind. amendments unless the Senators give send to the desk a package of amend- I know from my contacts in my State us their amendments to review. I know ments. Once again, they are amend- of 12 million people that Pennsylva- there are two committee meetings at ments that have been cleared on both nians do not have much of an idea this time, Mr. President. They are sides with the legislative committees about what is involved in Kosovo. And slowing down this process, and they are as well as the subcommittees of appro- there are very, very serious ramifica- both trying to get bills out in order priations with respect to the various tions and questions as to what our pos- that they may be considered next jurisdictions. ture would be with NATO, if we do not week. We will just have to bear with The first amendment is by Senator join NATO forces on something which the situation for a few more hours. DOMENICI to expand the jurisdiction of is agreed to there. But, when nations of We intend to keep going on this bill, the State of New Mexico’s portion of NATO act, they do not have our Con- and that may mean late tonight, if nec- the Southwest Border High-Intensity stitution. They are aware of our Con- essary. If we had the cooperation of the Drug Trafficking Area. stitution. They are aware of the provi- Senate in presenting these amend- Next is an amendment by Senator sions of our Constitution, that only the ments, I think we could tell the Senate ROBERTS to provide relief from unfair Congress can declare war. by 6 or 6:30 the number of votes we will interest and penalties on refunds retro- So if there is not congressional sup- have to have and when they will occur. actively ordered by the Federal Energy port, if there is not congressional ac- I suggest the absence of a quorum. Regulatory Commission. tion, they are on notice that they do The PRESIDING OFFICER. The Next is an amendment for myself to not have a commitment in the Con- clerk will call the roll. exempt non-Indian Health Service and

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2920 CONGRESSIONAL RECORD — SENATE March 18, 1999 non-Bureau of Indian Affairs funds trol activities which shall be used specifi- valuable ally in this fight through the from section 328 of the Interior Depart- cally to expand the Southwest Border High National Institute on Drug Abuse and ment and Related Agencies Appropria- Intensity Drug Trafficking Area for the the Substance Abuse and Mental tions Act for Fiscal Year 1999. State of New Mexico to include Rio Arriba Health Services Administration. I am County, Santa Fe County, and San Juan The next amendment is offered by County, New Mexico, which are hereby des- committed to marshaling both federal Senator GRAMS to provide funding for ignated as part of the Southwest Border High and state and local resources to tackle annual contributions to public housing Intensity Drug Trafficking Area for the this serious problem. agencies for operating low-income State of New Mexico, and an additional This amendment also provides addi- housing projects. $500,000 is appropriated for national efforts tional resources for a national program Next is an amendment by Senator related to methamphetamine reduction ef- to crack down on illegal methamphet- LINCOLN to provide for watershed and forts. amine laboratories and trafficking. flood prevention debris removal. On page 44, after line 7 insert: This is another serious drug problem Next is an amendment by Senator Chapter 9 for the nation, but my own home State GORTON regarding loan deficiency pay- EXECUTIVE OFFICE OF THE PRESIDENT of New Mexico, has seen a marked in- ments for club wheat producers. AND FUNDS APPROPRIATED TO THE crease in these illegal activities. As a Next is an amendment for myself PRESIDENT largely rural State, and so close to the dealing with commercial fishing and FEDERAL DRUG CONTROL PROGRAMS border with Mexico, New Mexico has compensation eligibility in Glacier SPECIAL FORFEITURE FUND been inundated with methamphet- Bay. (RESCISSION) amine. Many States are in this same The next amendment is by Senator Of the funds made available under this predicament, and I applaud the sub- GORTON providing clarification for sec- heading in Division A of the Omnibus Con- committee for boosting the resources tion 2002 of the bill regarding hardrock solidated and Emergency Supplemental Ap- for this important national effort. mining regulations. propriations, 1999 (Public Law 105–277) Mr. President, illegal drug traf- Next is an amendment by Senator $1,250,000 are rescinded. ficking and use is a serious problem for GORTON to expand the eligibility of Mr. DOMENICI. Mr. President, I rise our nation. In spite of the significant emergency funding for replacement to offer an amendment to expand the federal and state and local resources and repair of power generation equip- State of New Mexico High Intensity targeted to these illegal activities, the ment. Drug Trafficking Area (HIDTA) to in- problem remains overwhelming in Next is an amendment by Senators clude three counties in the north that some of our communities and states. I LANDRIEU and DOMENICI to support are under siege from ‘‘black tar’’ her- urge the adoption of my amendment. homebuilding for the homeless in Cen- oin. This amendment designates Rio AMENDMENT NO. 101 tral America. Arriba County, Santa Fe County, and (Purpose: To provide relief from unfair inter- Next is an amendment by Senator San Juan County as part of the New est and penalties on refunds retroactively DASCHLE providing relief to the White Mexico HIDTA and provides $750,000 for ordered by the Federal Energy Regulatory River School District No. 4. the remainder of fiscal year 1999 to Commission) Finally, there is a second Daschle these counties to combat this serious At the appropriate place, insert: amendment to provide for equal pay drug problem. This amendment is fully SEC. . LIABILITY OF CERTAIN NATURAL GAS PRODUCERS. treatment for certain Federal fire- offset for both budget authority and outlays according to the Congressional The Natural Gas Policy Act of 1978 (15 fighters under section 545(b) of title V U.S.C. 3301 et seq.) is amended by adding at of the United States Code and other Budget Office. the end the following: provisions of law. Mr. President, this is part of an over- ‘‘SEC. 603. LIABILITY OF CERTAIN NATURAL GAS Mr. President, I send these amend- all effort to combat the serious drug PRODUCERS. ments to the desk and ask unanimous epidemic in northern New Mexico. Rio ‘‘If the Commission orders any refund consent that they be considered en Arriba County leads the nation in per of any rate or charge made, demanded, bloc. capita drug-induced deaths. The rate of or received for reimbursement of State The PRESIDING OFFICER. Without heroin overdoses is reportedly three ad valorem taxes in connection with objection, it is so ordered. times the national average. the sale of natural gas before 1989, the The clerk will report. Last month, I held meetings with refund shall be ordered to be made The clerk read as follows: State and local officials and commu- without interest or penalty of any nity representatives to assess the over- The Senator from Alaska (Mr. STEVENS) kind.’’. proposes amendments Nos. 100 through 110. all illegal drug situation in northern Mr. BROWNBACK. Mr. President, I New Mexico. I am pleased to say that Mr. STEVENS. I ask unanimous con- rise in support of an amendment of- the State and the communities have sent that the reading of the amend- fered by myself and Senator ROBERTS been aggressive in trying to address ments be dispensed with. which will seek to provide fair and eq- this problem. Our task now is to mar- The PRESIDING OFFICER. Without uitable treatment for Kansas gas pro- shal additional resources to the prob- objection, it is so ordered. ducers. At a time when the oil and gas The amendments are as follows: lem so that there is a comprehensive industry is suffering, the Federal Gov- strategy to get this drug problem ernment has taken unnecessary action AMENDMENT NO. 100 under control. This comprehensive against gas producers in Kansas. (Purpose: To expand the jurisdiction of the strategy will include law enforcement, For almost two decades the Commis- State of New Mexico portion of the South- such as this HIDTA designation and west Border High Intensity Drug Traf- sion allowed gas producers to obtain ficking Area (HIDTA) to include Rio the additional, targeted resources in reimbursement for payment of Kansas Arriba County, Santa Fe County, and San my amendment, as well as programs ad valorem taxes on natural gas. In a Juan County and to provide specific fund- for prevention, education, after school series of orders the Commission repeat- ing for these three counties) activities for our children, and treat- edly approved the collection of the On page 30, after line 10 insert: ment. It will take all of these steps, Kansas ad valorem tax, despite chal- Chapter 7 with prosecution and jail time for drug lenges by various pipelines and dis- EXECUTIVE OFFICE OF THE PRESIDENT traffickers, to combat this drug epi- tributors. However, in 1993 the Com- AND FUNDS APPROPRIATED TO THE demic in New Mexico. mission changed its mind and decided PRESIDENT I have also enlisted the assistance of that the Kansas ad valorem tax did not FEDERAL DRUG CONTROL PROGRAMS Federal agencies in this battle. The De- qualify for reimbursement to the pro- HIGH INTENSITY DRUG TRAFFICKING AREAS partment of Justice law enforcement ducer, and in 1996 the D.C. Circuit PROGRAM agencies can assist with the illegal Court determined that a refund was to (INCLUDING TRANSFER OF FUNDS) trafficking of ‘‘black tar’’ heroin and be made retroactively. For necessary expenses of the Office of Na- other drugs, some of which are smug- This is another example of Federal tional Drug Control Policy’s High Intensity gled into the United States by illegal preemption of State rights and of a Drug Trafficking Areas Program, an addi- Mexican nationals. The Department of regulatory agency that is out of con- tional $750,000 is appropriated for drug con- Health and Human Services is also a trol. Kansas gas producers are being

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2921 penalized more than $300 million for SEC. . (a) LOAN DEFICIENCY PAYMENTS FOR ‘‘(e) IMPLEMENTATION AND EFFECTIVE abiding by regulations that the Com- CLUB WHEAT PRODUCERS.—In making loan DATE.—The Secretary of the Interior shall mission had previously approved. deficiency payments available under section publish an interim final rule for the federal The Commission’s decision will like- 135 of the Agricultural Market Transition implementation of subsection (a) and shall Act (7 U.S.C. 7235) to producers of club provide an opportunity for public comment ly force small producers out of busi- wheat, the Secretary of Agriculture may not on such interim final rule. The effective date ness, causing a slowdown in the pro- assess a premium adjustment on the amount of the prohibitions in paragraphs (2) through duction of natural gas which could that would otherwise be computed for club (5) of section (a) shall be 60 days after the have a tremendously negative impact wheat under the section to reflect the pre- publication in the Federal Register of a final on the Kansas economy. mium that is paid for club wheat to ensure rule for the federal implementation of sub- This amendment that Senator ROB- its availability to create a blended specialty section (a). In the event that any individual ERTS and I have cosponsored will essen- product known as western white wheat. eligible for compensation under subsection tially relieve all gas producers from in- (b) RETROACTIVE APPLICATION.—As soon as (b) has not received full compensation by practicable after the date of the enactment June 15, 1999, the Secretary shall provide terest owed on the ad valorem tax. of this Act, the Secretary of Agriculture partial compensation on such date to such This amendment will save jobs, busi- shall make a payment to each producer of individual and shall expeditiously provide nesses, and loss of State revenue. I am club wheat that received a discounted loan full compensation thereafter.’’. hopeful that my colleagues will sup- deficiency payment under section 135 of the (d) Of the funds provided under the heading port this amendment and provide fair Agricultural Market Transition Act (7 U.S.C. ‘‘National Park Service, Construction’’ in and equitable treatment for Kansas gas 7235) before that date as a result of the as- Public Law 105–277, $3,000,000 shall not be producers. sessment of a premium adjustment against available for obligation until October 1, 1999. club wheat. The amount of the payment for AMENDMENT NO 107 AMENDMENT NO. 102 . a producer shall be equal to the difference On page 12, line 15, after the word ‘‘nature’’ (Purpose: to exempt non-Indian Health Serv- between— ice and non-Bureau of Indian Affairs funds insert the following: ‘‘, and to replace and re- (1) the loan deficiency payment that would pair power generation equipment’’. from section 328 of the Interior Depart- have been made to the producer in the ab- ment and Related Agencies Appropriations sence of the premium adjustment; and AMENDMENT NO. 108 Act for fiscal year 1999) (2) the loan deficiency payment actually (Purpose: To provide funds to expand the At the end of Title II insert the following: received by the producer. home building program for Central Amer- ‘‘SEC. . Section 328 of the Department of (c) FUNDING SOURCE.—The Secretary shall ican countries affected by Hurricane the Interior and Related Agencies Appropria- use funds available to provide marketing as- Mitch) tions Act, 1999 P.L. 105–277, Division A, Sec- sistance loans and loan deficiency payments On page 9, line 10, after the word ‘‘amend- tion 1(e), Title III) is amended by striking under subtitle C of the Agricultural Market ed’’ insert the following: ‘‘: Provided further, ‘‘none of the funds in this Act’’ and inserting Transition Act (7 U.S.C. 7231 et seq.) to make That of the funds made available under this ‘‘none of the funds provided in this Act to the payments required by subsection (b). heading, up to $10,000,000 may be used to the Indian Health Service or Bureau of In- AMENDMENT NO. 106 build permanent single family housing for dian Affairs’’.’’ At the appropriate place in title II, insert: those who are homeless as a result of the ef- fects of hurricanes in Central America and AMENDMENT NO. 103 SEC. . GLACIER BAY. (a) DUNGENESS CRAB the Caribbean’’. (Purpose: To provide funding for annual con- FISHERMEN.—Section 123(b) of the Depart- tributions to public housing agencies for ment of the Interior and Related Agencies AMENDMENT NO. 109 the operation of low-income housing Appropriations Act, 1999 (section 101(e) of di- (Purpose: To provide relief to the White projects) vision A of Public Law 105–277) is amended— River School District #4.7–1) On page 30, between lines 10 and 11, insert (1) in paragraph (1)— At the appropriate place, insert the fol- the following: (A) by striking ‘‘February 1, 1999’’ and in- lowing: serting ‘‘June 1, 1999’’; and PHA RENEWAL SEC. . WHITE RIVER SCHOOL DISTRICT #4.7–1. (B) by striking ‘‘1996’’ and inserting ‘‘1998’’; Of amounts appropriated for fiscal year From any unobligated funds that are avail- and able to the Secretary of Education to carry 1999 for salaries and expenses under this (2) In paragraph (3) by striking ‘‘the period heading in title II of the Department of Vet- out section 306(a)(1) of the Department of January 1, 1999, through December 31, 2004, Education Appropriations Act, 1996, the Sec- erans Affairs and Housing and Urban Devel- based on the individual’s net earning from opment, and Independent Agencies Appro- retary shall provide not more than $239,000, the Dungeness crab fishery during the period under such terms and conditions as the Sec- priations Act, 1999, $3,400,000 shall be trans- January 1, 1991, through December 31, 1996’’ ferred to the appropriate account of the De- retary determines appropriate, to the White and inserting ‘‘for the period beginning Jan- River School District #4.7–1, White River, partment of Housing and Urban Development uary 1, 1999 that is equivalent in length to for annual contributions to public housing South Dakota, to be used to repair damage the period established by such individual caused by water infiltration at the White agencies for the operation of low-income under paragraph (1), based on the individ- housing projects under section 673 of the River High School, which shall remain avail- ual’s net earnings from the Dungeness crab able until expended. Housing and Community Development Act of fishery during such established period’’. AMENDMENT NO. 110 1992 (42 U.S.C. 1437g): Provided, That in dis- (b) OTHERS EFFECTED BY FISHERY CLOSURES tributing such amount, the Secretary of AND RESTRICTIONS.—Section 123 of the De- (Purpose: To provide for equal pay treatment Housing and Urban Development shall give partment of the Interior and Related Agen- of certain Federal firefighters under sec- priority to public housing agencies that sub- cies Appropriations Act, 1999 (section 101(e) tion 5545b of title 5, United States Code, mitted eligible applications for renewal of of division A of Public Law 105–277), as and other provisions of law) fiscal year 1995 elderly service coordinator amended, is amended further by redesig- At the appropriate place, insert the fol- grants pursuant to the Notice of Funding nating subsection (c) as subsection (d) and lowing new section: Availability for Service Coordinator Funds inserting immediately after subsection (b) SEC. ll. (a) The treatment provided to for Fiscal Year 1998, as published in the Fed- the following new subsection: firefighters under section 628(f) of the Treas- eral Register on June 1, 1998. ‘‘(c) OTHERS AFFECTED BY FISHERY CLO- ury and General Government Appropriations AMENDMENT NO. 104 SURES AND RESTRICTIONS.—The Secretary of Act, 1999 (as included in section 101(h) of Di- (Purpose: To provide for watershed and flood the Interior is authorized to provide such vision A of the Omnibus Consolidated and prevention debris removal) funds as are necessary for a program devel- Emergency Supplemental Appropriations On page 5, line 9, strike ‘‘watersheds’’ and oped with the concurrence of the State of Act, 1999 (Public Law 105–277)) shall be pro- insert in lieu thereof the following: ‘‘water- Alaska to fairly compensate United States vided to any firefighter who— sheds, including debris removal that would fish processors, fishing vessel crew members, (1) on the effective date of section 5545b of not be authorized under the Emergency Wa- communities, and others negatively affected title 5, United States Code— tershed Program,’’. by restrictions on fishing in Glacier Bay Na- (A) was subject to such section; and tional Park. For the purpose of receiving (B) had a regular tour of duty that aver- AMENDMENT NO. 105 compensation under the program required by aged more than 60 hours per week; and (Purpose: To prohibit the Secretary of Agri- this subsection, a potential recipient shall (2) before December 31, 1999, is involun- culture from assessing a premium adjust- provide a sworn and notarized affidavit to es- tarily moved without a break in service from ment for club wheat when calculating loan tablish the extent of such negative effect.’’. the regular tour of duty under paragraph (1) deficiency payments and to require the (c) IMPLEMENTATION.—Section 123 of the to a regular tour of duty that— Secretary to compensate producers of club Department of the Interior and Related (A) averages 60 hours or less per week; and wheat for any previous premium adjust- Agencies Appropriations Act, 1999 (section (B) does not include a basic 40-hour work- ment) 101(e) of division A of Public Law 105–277), as week. Add at the appropriate place the following amended, is amended further by inserting at (b) Subsection (a) shall apply to fire- new section: the end the following new subsection: fighters described under that subsection as

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2922 CONGRESSIONAL RECORD — SENATE March 18, 1999 of the effective date of section 5545b of title The amendment (No. 111) was agreed The amendments (Nos. 103, as modi- 5, United States Code. to. fied, 112, and 113), en bloc, are as fol- (c) The Office of Personnel Management Mr. STEVENS. I move to reconsider lows: may prescribe regulations necessary to im- plement this section. the vote by which the amendment was AMENDMENT NO. 103 AS MODIFIED agreed to, and I move to lay that mo- Mr. STEVENS. Mr. President, as I (Purpose: To provide funding for annual con- tion on the table. tribution to public housing agencies for said, they have been cleared through The motion to lay on the table was the operation of low-income housing the whole process of legislative and ap- agreed to. Mr. STEVENS. I suggest the projects) propriating subcommittees and cleared absence of a quorum. On page 30, between lines 5 and 6, insert by Senator BYRD and myself as man- The PRESIDING OFFICER. The the following: agers of the bill. clerk will call the roll. COMMUNITY DEVELOPMENT BLOCK GRANTS I ask that they be considered en bloc The bill clerk proceeded to call the (INCLUDING TRANSFER OF FUNDS) and agreed to. roll. The PRESIDING OFFICER. Without Of amounts appropriated for fiscal year Mr. STEVENS. Mr. President, I ask 1999 for salaries and expenses under the Sala- objection, it is so ordered. unanimous consent that the order for ries and Expenses account in title II of Pub- The amendments (Nos. 100 through the quorum call be rescinded. lic Law 105–276, $3,400,000 shall be transferred 110) were agreed to. to the Community Development Block Mr. STEVENS. I move to reconsider The PRESIDING OFFICER. Without objection, it is so ordered. Grants account in title II of Public Law 105– the vote by which the amendments 276 for grants for service coordinators and were agreed to, and I move to lay that VITIATION OF ACTION ON AMENDMENT NO. 111 congregate services for the elderly and dis- motion on the table. Mr. STEVENS. Mr. President, I ask abled: Provided, That in distributing such The motion to lay on the table was unanimous consent that the adoption amount, the Secretary of Housing and Urban agreed to. of amendment No. 111 be vitiated and Development shall give priority to public housing agencies that submitted eligible ap- AMENDMENT NO. 111 that the amendment be set aside tem- plications for renewal of fiscal year 1995 el- (Purpose: To prohibit the Secretary of the porarily. derly service coordinator grants pursuant to Interior from promulgating certain regula- The PRESIDING OFFICER. Without the Notice of Funding Availability for Serv- tions relating to Indian gaming and to pro- objection, it is so ordered. ice Coordinator Funds for Fiscal Year 1998, hibit the Secretary from approving class Mr. STEVENS. I suggest the absence as published in the Federal Register on June III gaming without State approval) of a quorum. 1, 1998. Mr. STEVENS. Mr. President, I send The PRESIDING OFFICER. The AMENDMENT NO. 112 another amendment to the desk, and I clerk will call the roll. The legislative clerk proceeded to (Purpose: To express the sense of the Senate ask that it be read. that a pending sale of wheat and other ag- The PRESIDING OFFICER. The call the roll. ricultural commodities to Iran be ap- clerk will report. Mr. STEVENS. Mr. President, I ask proved) The clerk read as follows: unanimous consent that the order for At the appropriate place in title II, insert The Senator from Alaska (Mr. STEVENS), the quorum call be rescinded. the following new section: for Mr. ENZI, for himself, Mr. SESSIONS, Mr. The PRESIDING OFFICER. Without SEC. . SENSE OF THE SENATE: EXPRESSING THE GRAMM, Mr. BRYAN, Mr. LUGAR, Mr. REID, objection, it is so ordered. SENSE OF THE SENATE THAT A Mr. VOINOVICH, Mr. BROWNBACK proposes an Mr. STEVENS. Mr. President, I ask PENDING SALE OF WHEAT AND amendment numbered 111: unanimous consent that the Kerrey OTHER AGRICULTURAL COMMOD- At the appropriate place, insert the fol- ITIES TO IRAN BE APPROVED. lowing: amendment on flood control and the The Senate finds: SEC. . PROHIBITION. Graham amendment on microherbicide That an export license is pending for the (a) Notwithstanding any other provision of be deleted from the list. sale of United States wheat and other agri- law, prior to eight months after Congress re- The PRESIDING OFFICER. Without cultural commodities to the nation of Iran; ceives the report of the National Gambling objection, it is so ordered. That this sale of agricultural commodities would increase United States agricultural Impact Study Commission, the Secretary of AMENDMENTS NOS. 103, AS MODIFIED, 112, AND exports by about $500 million, at a time when the Interior shall not— 113, EN BLOC (1) promulgate as final regulations, or in agricultural exports have fallen dramati- any way implement, the proposed regula- Mr. STEVENS. Mr. President, I ask cally; tions published on January 22, 1998, at 63 unanimous consent that I may submit That sanctions on food are counter- Fed. Reg. 3289; or as one package: productive to the interests of United States (2) issue a notice of proposed rulemaking A substitute to amendment No. 103, farmers and to the people who would be fed for, or promulgate, or in any way implement, which was an amendment offered by by these agricultural exports: any similar regulations to provide for proce- Senator GRAMS. This is a technical Now, therefore, it is the sense of the Sen- dures for gaming activities under the Indian amendment that we wish to have ate that the pending license for this sale of United States wheat and other agricultural Gaming Regulatory Act (25 U.S.C. 2701 et adopted in lieu of the amendment that seq.), in any case in which a State asserts a commodities to Iran be approved by the ad- defense of sovereign immunity to a lawsuit has already been adopted to the bill, ministration. brought by an Indian tribe in a Federal court No. 103; AMENDMENT NO. 113 under section 11(d)(7) of that Act (25 U.S.C. A second amendment by Senators At the appropriate place in title II, insert 2710(d)(7)) to compel the State to participate DORGAN and CRAIG, which is a sense-of- the following: in compact negotiations for class III gaming the-Senate amendment regarding sales SEC. . LIMITATION ON FISHING PERMITS OR AU- (as that term is defined in section 4(8) of that of grain to Iran; THORIZATIONS Act (25 U.S.C. 2703(8))). And, a third amendment, which is an Section 617(a) of the Department of Com- (3) approve class III gaming on Indian merce, Justice, and State, the Judiciary, and lands by any means other than a Tribal- amendment by Senator GREGG on limi- Related Agencies Appropriations Act, 1999 State compact entered into between a state tations on fishing permits, or author- (as added by section 101(b) of division A of and a tribe. izations for fishing permits. the Omnibus Consolidated and Emergency (b) DEFINITIONS.— I send these to the desk and ask Supplemental Appropriations Act, 1999 (Pub- (1) The terms ‘‘class III gaming’’, ‘‘Sec- unanimous consent that it be in order retary’’, ‘‘Indian lands’’, and ‘‘Tribal-State lic Law 105–277)) is amended by inserting— to consider them en bloc. (a) ‘‘or under any other provisions of the compact’’ shall have the same meaning for The PRESIDING OFFICER. Without the purposes of this section as those terms law hereinafter enacted,’’ made ‘‘after avail- have under the Indian Gaming Regulatory objection, it is so ordered. able in the Act’’; and, Act (25 U.S.C. 2701 et seq.). The clerk will report. (b) at the end of paragraph (1) and before (2) the ‘‘report of the National Gambling The bill clerk read as follows: the semicolon, ‘‘unless the participation of Impact Study Commission’’ is the report de- The Senator from Alaska (Mr. STEVENS) such a vessel in such fishery is expressly al- scribed in section 4(b) of P.L. 104–169 (18 proposes amendments numbered 103, as lowed under a fishery management plan or U.S.C. sec. 1955 note). modified, 112, and 113, en bloc. plan amendment developed and approved first by the appropriate Regional Fishery Mr. STEVENS. Mr. President, I ask Mr. STEVENS. I ask unanimous con- Management Council(s) and subsequently ap- for a voice vote on this amendment. sent that reading of the amendments proved by the Secretary for that fishery The PRESIDING OFFICER. If there be dispensed with. under the Magnuson-Stevens Fishery Con- is no debate, the question is on agree- The PRESIDING OFFICER. Without servation and Management Act (16 U.S.C. ing to the amendment. objection, it is so ordered. 1801 et seq.)’’.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2923 Mr. STEVENS. Parliamentary in- points on which I find myself in com- Consumers have been benefited by quiry: Does that include the substitute plete agreement with Senator HATCH. the highly competitive nature of the replacement for the amendment al- First, during a speech on Monday, he software market. They are benefited by ready adopted, No. 103? joined with me in asking that the Vice having the kind of platform that The PRESIDING OFFICER. Yes; it President of the United States, Mr. Microsoft provides for thousands of dif- does. GORE, state his position on whether or ferent applications and uses on the Mr. STEVENS. I ask unanimous con- not this form of antitrust action is ap- part of hundreds of different companies sent that these amendments be consid- propriate. I centered my own speech on all through the United States. ered en bloc and agreed to. the frequent visits the Vice President This is not a consumer protection The PRESIDING OFFICER. Without has made to the State of Washington lawsuit. I may say, not entirely in objection, it is so ordered. and his refusal to take any such posi- passing, that I know a consumer pro- The amendments (Nos. 103, as modi- tion. The Senator from Utah said: tection lawsuit when I see one. I was fied, 112, and 113) were agreed to. Government should not exert unwarranted attorney general of the State of Wash- Mr. STEVENS. I ask unanimous con- control over the Internet, even if Vice Presi- ington for 12 years. I prosecuted a wide sent it be in order to reconsider the dent Gore thinks that he created it. range of antitrust and consumer pro- amendments en bloc, and that the mo- I am delighted that the Senator from tection lawsuits. But every one of tion be laid on the table. Utah has joined me in that sentiment. those antitrust cases was based on the The PRESIDING OFFICER. Without Now there are at least two of us who proposition that consumers were being objection, it is so ordered. believe that the Vice President of the disadvantaged by some form of price The motion to lay on the table was United States should make his views fixing or other violation of the law. I agreed to. known on the subject. did not regard it as my business to rep- Mr. STEVENS. I suggest the absence Secondly, the Senator from Utah, in resent essentially one business un- of a quorum. dealing with the request by the Depart- happy and harmed by competition for a The PRESIDING OFFICER. The ment of Justice that it receive a sub- more effective competitor. clerk will call the roll. stantial additional appropriation for The basis of my objection to this law- The bill clerk proceeded to call the fiscal year 2000 for antitrust enforce- suit is that it is not designed for con- roll. ment, stated that he is concerned sumer protection. It is designed to ben- Mr. STEVENS. Mr. President, I ask about the value thresholds in what is efit competitors. Some of the proposals unanimous consent that the order for called the Hart-Scott-Rodino legisla- that have appeared in the newspapers the quorum call be rescinded. tion relating to mergers and feels that for remedies in case of success, includ- The PRESIDING OFFICER (Mr. the minimum size of those mergers ing taking away the intellectual prop- GRASSLEY). Without objection, it is should be moved upward to reflect in- erties of the Microsoft Corporation, so ordered. flation in the couple of decades since perhaps even breaking it up, requiring Mr. STEVENS. Mr. President, I ask that bill was passed, therefore, ques- advance permission on the part of law- unanimous consent the measure pend- tions at least some portion of the re- yers in the Justice Department for im- ing before the Senate be temporarily quest for additional appropriations on provements in Windows or in any other set aside so we can have consideration the part of the Antitrust Division. product of the Microsoft Corporation, As I have said before, I believe that it of the Cuba rights resolution. I would are clearly anticonsumer in nature. deserves no increase at all, that the The lawsuit is no better now than the like to turn the management of that philosophy that it is following harasses day on which it was brought. It is not over to Senator MACK of Florida. the business community unduly, and designed to benefit consumers. It ought The PRESIDING OFFICER. Without inhibits the continuation of the eco- to be dropped. objection, it is so ordered. nomic success stories all across our I am delighted that at least on two The Chair recognizes the Senator American economy but particularly in peripheral areas of sometime con- from Florida. computer software. troversy, the Senator from Utah and I Mr. MACK. Mr. President, I suggest Having said that, the Senator from now find ourselves in agreement. Re- the absence of a quorum. Utah and I continue to disagree, grettably, we still find ourselves dis- The PRESIDING OFFICER. The though I wish to emphasize that my agreeing on the fundamental basis of clerk will call the roll. primary disagreement is with the Anti- the lawsuit. I am sorry he is on the ap- The legislative clerk proceeded to trust Division of the Department of parent side of the Vice President of the call the roll. Justice of the United States and this United States and the clear side of the Mr. GORTON. Mr. President, I ask particular lawsuit. Department of Justice of the United unanimous consent that the order for The disagreement really fundamen- States. the quorum call be rescinded. tally comes down to one point: Anti- I expect this debate to continue, but The PRESIDING OFFICER. Without trust law enforcement should be fol- I expect it to continue to be on the objection, it is so ordered. lowed for the benefit of consumers. The same basis. Do we have a software sys- Mr. GORTON. Mr. President, I ask Government of the United States has tem, a computer system in the United unanimous consent to proceed as in no business financing what is essen- States which is the wonder of the world morning business. tially a private antitrust case. If there that has caused more profound and The PRESIDING OFFICER. Without are competitors of Microsoft who think more progressive changes in our soci- objection, it is so ordered. they have been unsuccessful and wish ety than that caused in a comparable f to finance their own antitrust lawsuits, period of time by any other industry, THE MISGUIDED ANTITRUST CASE they are entitled to do so. The tax- or somehow or another do we have an AGAINST MICROSOFT payers of the United States, on the industry that needs Government regu- other hand, should not be required to lation? I think that question answers Mr. GORTON. Mr. President, on Mon- pay their money for what is a private itself, Mr. President, and I intend to day, my friend and colleague, the sen- dispute, primarily between Netscape continue to speak out on the subject. ior Senator from Utah, Mr. HATCH, and Microsoft. f came to the floor to respond to a state- That remains essentially the grava- ment that I gave a week or so earlier men of the antitrust action that the EXPRESSING THE SENSE OF THE on the Justice Department’s misguided Justice Department in 19 States is SENATE REGARDING THE antitrust case against Microsoft. prosecuting at the present time. HUMAN RIGHTS SITUATION IN Mr. President, this has become some- There is only the slightest lip service CUBA thing of a habit for the Senator from given in the course of that lawsuit or Mr. MACK. Mr. President, I ask Utah and myself. We have debated that by the senior Senator from Utah to unanimous consent that S. Res. 57 be lawsuit since well before it was com- consumer benefit. This is not sur- discharged from the Foreign Relations menced, more than a year ago. prising, Mr. President, because there is Committee and, further, that the Sen- I am happy to state that I want to no discernible consumer benefit in the ate now proceed to its immediate con- start these brief remarks with two demands of this lawsuit. sideration.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2924 CONGRESSIONAL RECORD — SENATE March 18, 1999 The PRESIDING OFFICER. Without Cuba and ask the same questions I did A second story: I have recently seen objection, it is so ordered. The clerk on October 19, 1987: What does it mean a March 10, 1999, statement of Dr. Omar will report. to live in peace if there is no freedom del Pozo, which I want to share with The bill clerk read as follows: to worship God, no freedom to choose you today. He was a prisoner of con- A resolution (S. Res. 57) expressing the our livelihood, no freedom to read or science, sentenced to 15 years in prison sense of the Senate regarding the human speak the truth or to live for the dream for promoting democracy and civil so- rights situation in Cuba. of handing over a better life to our ciety in Cuba. Through the interces- There being no objection, the Senate children and our grandchildren? Peace sion of Pope John Paul II, Dr. Pozo was proceeded to consider the resolution. without freedom is false. The Cuban released and exiled to Canada after Mr. MACK. Mr. President, I ask people are only free to serve their mas- serving 6 years of the sentence. unanimous consent that there now be 1 ters in war and in poverty. It is interesting to note the com- hour, equally divided, on the resolution Mr. President, I have many good ments of a man who owes his freedom and that the only amendment in order friends in the Senate, and I have great from Cuba’s prisons to the Pope’s visit be an amendment to the preamble respect for my colleagues. We share so to Cuba. Listen to what he has to say which is at the desk. much of our lives with each other each about the so-called changes taking I further ask unanimous consent that day. And even though we are divided on place within the Cuban Government. following the debate time, the resolu- many issues, in our hearts there can be And I am now quoting: tion be set aside and the Senate pro- no division on our feelings for the suf- In Castro’s man-eating prisons, lives are ceed to a vote on the resolution, at a fering people of Cuba. The island so swallowed, mangled, and spit out in what can only be described as his revolving-door of time to be determined by the two lead- close to our shores serves as a tragic reminder of the human cost of tyranny infamy. Some may claim that the fact that ers. I am able to stand before you here today is I finally ask that following the vote and oppression and that freedom is not because I am a product of engagement with on the adoption of the resolution, the free. Castro. While I am certainly grateful for the amendment to the preamble be agreed Let me propose today that Fidel Cas- international outcry that created pressure to and the preamble, as amended, be tro has not changed in 10 years; in fact, on Castro to release me, it would be neg- agreed to. he has not changed in 40 years. In the ligent of me not to recognize that as long as the dictator remains in power, there will The PRESIDING OFFICER. Without history books, 40 years can be covered in a single sentence. But in Cuba, it continue to be political prisoners who are objection, it is so ordered. destined to become pawns to be handed over Mr. MACK. Mr. President, I yield my- can also be an eternity. I think about the 12 years since I as tokens depending on the self 15 minutes. occasion....my release in no way bene- The PRESIDING OFFICER. The Sen- made that speech. How many people fited the hundreds, perhaps thousands, of ator from Florida may proceed for 15 have suffered and died needlessly in 12 men and women who were left behind. minutes. years? How many screams of agony Dr. Pozo’s statement certainly rings Mr. MACK. Thank you, Mr. Presi- have reached for the heavens from Ha- true—that the visit of the Pope and his dent. vana in 12 years? How many tears of personal release and exile from his Mr. President, I am pleased to have sorrow and anguish have fallen in 12 home do not, counter to popular belief, this opportunity today to speak about years? I fear we will never know the indicate a new day in Cuba. Cuba and why the United States must true scale of suffering, even though it He continues on in his statement. make every effort to pass a resolution takes place so close to our shores. Again, I quote: Some of us have served in the Senate in Geneva at the U.N. Human Rights Forty years have passed, and a new millen- for a few years, some of us for 10 or 12, Commission condemning the Cuban nium dawns, and still political prisoners and some of us have been here for 30 exist in a country only 90 miles from the Government. years or more. Think what it must be The reality which I seek to convey shores of the freest nation on earth....In like serving instead in one of Fidel the confusion of cliches Cuba has become in today is very simply stated. Fidel Cas- Castro’s prisons for all that time. In the mass media: Castro and cigars, Castro tro continues to run Cuba with abso- Cuba you could be imprisoned simply and tourism, Castro and baseball, the ter- lute power, based upon the failed ideals for doing what we do each day, and rible tragedy of Cubans and their legitimate of the Marxist revolution that he led 40 that is engage in the debate of ideas. needs and desires takes a backseat to the priorities set by the Comandante en Jefe and years ago. He is a tyrant, a dictator, Think about how different our lives and an enemy of freedom, democracy, his regime. The truly tragic part is that would be if we lived in a similar envi- there are some who, in the name of profit, and respect for basic human dignity. ronment. As many of my colleagues know, I are willing to compromise justice and play I assure you, Mr. President, that the by his rules, with no regard for the welfare of have been reflecting on my Senate ca- human spirit is a powerful thing. We the Cuban people. reer lately as I weighed my decision on know that throughout the world and Just as actions indicate no improve- seeking another term. Let me share throughout history mankind has strug- ment in the Government of Cuba, one one of those memories with you right gled for freedom against the greatest of could argue that things are not really now. obstacles. That struggle lives, getting worse. In fact, the recent It was October 19, 1987, when I an- breathes, sweats, and thrives in Cuba crackdown in Cuba is only a manifesta- nounced my candidacy for the Senate. today. But it does so at a great cost. tion of the nature of the ruling regime. I traveled to Key West, the southern I have two short stories I want to Again, let me quote from Dr. Pozo: most point in the Continental United share to demonstrate the price being These past days, I have heard even experi- States, to make my announcement. I paid in Cuba today. enced Cuba observers question why Castro chose this location for one simple rea- There is a famous man known as has raised the level of repression at this son. I knew my passion for foreign pol- Antunez. He began supporting freedom point in time, considering the many gestures icy arose from a deeply held conviction in Cuba in 1980. He has been in and out of goodwill he has received internationally that America’s freedom could not be of prison for much of his adult life. As prior to and following the Papal visit. The taken for granted, that our freedom of February 1999, reports out of the only possible answer is that it is the nature was not complete so long as others suf- of the beast. Castro can not help it any more prisons have him in poor health. than he can help being a totalitarian dic- fered under the yoke of tyranny. Only I want to read a quote from a letter tator. It is who he is and will always be. It 90 miles from where I declared my aspi- he wrote and successfully smuggled out is because he is motivated by one thing and ration to be a U.S. Senator in order to of Cuba 2 years ago. I quote: one thing alone: [and that is] absolute power. take part in the fight against the en- On March 15 [1997], it will be seven years He wants to continue to stand on the backs emies of freedom, Fidel Castro ruled that I have been imprisoned but I have yet to of the Cuban people and he will persecute, with a failed ideology and a cruel iron lose my faith and confidence in the final tri- torture and kill in order to accomplish his fist. umph of our struggle. I am proud and satis- goal of being Cuba’s ‘‘dictator for life.’’ By fied that they will have been unable to—and now, everyone knows who Castro is and what It seems that I have been in the Sen- will never be able to—bend my will, because he is capable of. From this point on, the field ate for a long time—10 years—but if I I am defending a just and noble cause, the can only be divided between those who are were to travel to Key West today, I am rights of man and the freedom of my coun- willing to overlook his crimes and those who sad to say, I could still point toward try. are not.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2925 Again, I just point out, those were a place from which they could relaunch late the fundamental civil and political not my words. These are the words of their efforts to achieve freedom in rights of its citizens. Human rights ad- an individual who was released from their homeland. vocates and members of independent Castro’s prison because of the pressure Jose Marti spoke many times in Key professional associations, including brought on by the international com- West to the exiled community of his journalists, economists, doctors, and munity and by the Pope’s visit. What dreams for a Cuba of independence and lawyers are routinely harassed, threat- he is saying here is that nothing has freedom. It is in Key West that there is ened, arrested, detained, imprisoned changed as a result of the Pope’s visit the memorial for the USS Maine, the and defamed by the government. All to Cuba. He is saying nothing has Tomb of the Unknown Sailor, for over fundamental freedoms are denied to changed. And he is saying to us—not 200 American sailors who were killed in citizens. In addition, the Cuban Gov- me saying, but he is saying to us—that Havana Harbor early in 1898—an event ernment severely restricts worker ‘‘the field can only be divided [now] be- which contributed to the United States rights, including the right to form tween those who are willing to over- eventual declaration of war and in- independent trade unions, and employs look [Castro’s] crimes and those who volvement in what we refer to as the forced labor, including child labor. are not.’’ Spanish-American War. In Key West we The most recent example of this hor- Mr. President, in conclusion, let me find remnants of that long history of rible repression in Cuba is the trial of once again say freedom is not free, but the yearning of the people of Cuba to four prominent dissidents—Vladimiro it is the most valuable thing that we live in freedom and independence. Roca, Marta Beatriz Roque, Felix know; it is, in fact, the core of all After having won their independence Bonne and Rene Gomez Manzano. They human progress. Freedom has every- in 1898, 60 years later, it was taken were all charged with sedition. After thing to do with our spiritual, phys- away from them. For four decades, being detained for over 19 months for ical, and political lives. Without it— they have lived under the oppressive peacefully voicing their opinion, the without freedom—what would we do? It rule of the dictator, Fidel Castro. trial of these four brave patriots has is important to think about this in Last month, we recognized another drawn international condemnation. To order to appreciate the words of the dictatorship in this world, one that is demonstrate the hideous nature of the brave men and women in Cuba fighting not near to us but half a world away. Castro regime, Marta Beatriz Roque for freedom, because they are, after all, The Senate passed a resolution calling has been ill, believed to be suffering fighting for everything and paying a for a condemnation of the human from cancer, and has been denied med- large price indeed. rights situation in China. We urged the ical attention during her long period of I want to reach out to my colleagues United Nations Human Rights Commis- detention. today. We loathe tyranny and oppres- sion to have that on their agenda at During the trial, authorities have sion. So let us stand united behind our their soon-to-be-held meeting in Gene- rounded up scores of other individuals, delegation in Geneva; let us proclaim va. With this resolution, Senate Reso- including journalists and dissidents, our views at the United Nations Human lution 57, we take a similar position and jailed them for the duration of the Rights Commission. Let us stand tall condemning the human rights situa- trial. The trial was conducted in com- and speak with unity, conviction, and tion in Cuba which, unfortunately, is plete secrecy with photographers pre- strength. Let us proclaim: ‘‘The United considerably worse today than the sit- vented from even photographing the States of America abhors tyranny and uation in China. streets around the courthouse. This loves freedom. We oppose the enemies This resolution calls on the President trial reminds me of the worst days of of liberty and we support those strug- to make every effort to pass a resolu- Stalinist repression in the Soviet gling for LIBERTAD.’’ tion at the upcoming meeting of the Union. That, Mr. President, represents the United Nations Human Rights Commis- This week, Castro’s dictatorship meaning of this resolution in its en- sion condemning Cuba for its abysmal found the four dissidents guilty and tirety. I hope my colleagues will join record on human rights. It also calls sentenced them to terms ranging from me today in making this most impor- for the reappointment of a special 31⁄2 to 5 years—5 years in prison for tant statement. rapporteur to investigate the human simply making a statement about de- Thank you, Mr. President. I yield the rights situation in Cuba. mocracy. This action has outraged the floor. Last year, for the first time in many world. Mr. GRAHAM addressed the Chair. years, no resolution on human rights in This outrageous spectacle has caused The PRESIDING OFFICER (Mr. Cuba was passed by the United Nations even Castro’s closest friends to rethink INHOFE). The Senator from Florida. Human Rights Commission. Perhaps their relationship with Cuba. Canadian Mr. GRAHAM. Mr. President, I un- this hiatus in U.N. condemnation of Prime Minister Chretien has indicated derstand that we have 1 hour equally Cuba was due to the hopes that were that Canada will review its entire rela- divided. raised as a result of the Pope’s visit in tionship with Castro. The European The PRESIDING OFFICER. That is January of 1998. Unfortunately, if that Union issued a strong statement con- correct. were the case, there has, in fact, been demning this repression. Mr. GRAHAM. I yield myself 10 min- a significant worsening of the human This is not the type of conduct that utes. rights situation in Cuba since the we have come to expect in our hemi- The PRESIDING OFFICER. The Sen- Pope’s visit. sphere, where Cuba remains the only ator from Florida. According to the independent group, nondemocratic government. This level Mr. GRAHAM. Mr. President, my Human Rights Watch, of repression and complete disregard friend and colleague, a friend and col- As 1998 drew to a close, Cuba’s stepped up for international norms cannot be ig- league who, unfortunately, has re- persecutions and harassments of dissidents, nored. I hope that all of our colleagues cently announced that his next phase along with its refusal to grant amnesty to will join my colleague, Senator MACK, of life is going to be someplace other hundreds of remaining political prisoners or and myself, in condemning the human than the Senate, started with the story [to] reform its criminal code, marked a dis- rights situation in Cuba and calling for of where he commenced his campaign heartening return to heavy-handed repres- action at the United Nations Human to come to the Senate—in the beau- sion. Rights Commission. tiful, unique community of Key West. The Cuban Government also recently Last month, we voted unanimously In addition to Key West’s physical passed a measure known as Law 80 to support a resolution condemning proximity to Cuba, Key West also has a which criminalizes peaceful, human rights in China. Unfortunately, history which is very intertwined with prodemocratic activities and inde- we have within 100 miles of our shores the long efforts of the people of Cuba to pendent journalism, with penalties of a situation in Cuba that is worse than achieve freedom. up to 20 years in jail. that halfway around the world in It was during the period of the Cuban The State Department’s Country Re- China—a situation that deserves the civil war in the 1870s, 1880s and into the port on Human Rights Practices in full effort of our government to assure 1890s that many exiles left Cuba and Cuba for 1998 notes that the govern- that it is not ignored by the inter- came to Key West to find freedom and ment continues to systematically vio- national community.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2926 CONGRESSIONAL RECORD — SENATE March 18, 1999 I ask unanimous consent to have The EU statement came a day after Can- half ago for holding news conferences for for- printed in the RECORD a series of news- ada said it was reconsidering its support for eign journalists and diplomats, urging voters paper items from the press in this Cuba’s return to the Organization of Amer- to boycott Cuba’s one-party elections, warn- country as well as in Europe, Latin ican States (OAS) after Monday’s sentencing ing foreigners that their investments would of the four dissidents. Cuba’s OAS member- contribute to Cuban suffering and critizing America and in Canada, condemning ship was suspended in 1962. President Fidel Castro’s grip on power. For the human rights abuses in Cuba. The EU statement did not mention the these ‘‘offenses’’ the four face prison sen- There being no objection, the mate- possibility of excluding Cuba from the first tences of five, or six years. rial was ordered to be printed in the European-Latin American summit, to be Castro Cuba has typically Communist no- RECORD, as follows: held June 28–29 in Rio de Janeiro. Fifteen tions of justice. By official doctrine, there [From the Miami Herald, Mar. 18, 1999] European and 33 Latin American and Carib- are no political prisoners, only common bean presidents, including Cuba’s Fidel Cas- criminals. President Castro rejects the des- FREE FOUR DISSIDENTS, EUROPE TELLS CUBA tro, are expected to attend. ignation of the four, in the international ap- (By Andres Oppenheimer) The EU condemnation of Cuba’s latest peals for their freedom, as ‘‘prisoners of con- The 15-country European Union issued a crackdown against peaceful opponents, how- science.’’ Their trial is closed to the foreign strong statement Wednesday calling for the ever, marks a possible reversal of the is- press. Some of their colleagues were report- release of four Cuban dissidents who received land’s ties with the European Union, which edly arrested to keep them from dem- harsh sentences in Havana this week, while had been warming up since 1996 and appeared onstrating during the trial. European and Latin American officials said ready for a significant improvement since Fidel Castro is now making an energetic they are rethinking their recent overtures to Pope John Paul II’s visit to the island last effort to recruit foreign businessmen to help the island. year. him compensate for the trade and invest- In a statement issued in Brussels, the EU Meanwhile, top officials from several Latin ment lost by the continuing American em- said the Cuban dissidents, who received pris- American countries—including Chile, Uru- bargo and by withdrawal of the old Soviet on terms of between 31⁄2 and 5 years for pub- guay, Argentina and El Salvador—said their subsidies. He is scoring some success: British lishing a pamphlet criticizing the govern- governments were rethinking whether to at- Airways, for instance, says it is opening a ment, had been exercising the universally tend a summit of Ibero-American countries Havana service. Many of the countries en- recognized right to freedom of expression. in Havana in November. Nicaragua has al- gaged in these contacts with Cuba do so on ‘‘The European Union cannot accept that ready announced it will not attend. the basis that by their policy of ‘‘construc- citizens who do so be criminalized by state Latin American foreign ministers are to tive engagement’’ they are opening up the authorities,’’ the statement said. discuss participation at the Havana summit regime more effectively to democratic and The four dissidents—Vladimiro Roca, Felix at a meeting in Veracruz, Mexico, on Friday. free-market currents than is the United Bonne, Rene Gomez Manzano and Marta But a senior Mexican official said Mexico— States by its harder-line policy. Beatriz Roque—are well known intellectuals which presides over the Veracruz meeting— The trial of the four provides a good test of who were arrested after publishing a mani- will oppose any effort to organize a boycott this proposition. The four are in the van- festo titled The Homeland belongs to all. of the Cuba summit and that such a move ‘‘is guard of Cuba’s small nonviolent political The French news agency AFP reported not on the agenda.’’ opposition. Acquittal would indicate that in Wednesday that Cuba’s failure to release the this case anyway the authorities are listen- four could lead to Cuba’s exclusion from up- [From the Financial Times, Mar. 17, 1999] ing to the international appeals for greater coming talks between the EU and African, political freedom. But if the four are con- CUBA: TRADING PARTNERS PROTEST Caribbean and Pacific Rim developing coun- victed and sentenced, it will show that the tries. EU officials were not available late (By Pascal Fletcher) regime won’t permit any opposition at all. Wednesday to comment on the report. Cuba has jailed our well-known political What then will be international crowd have The EU recalled that it had expected the dissidents accused of sedition, drawing con- to say about the society-transforming power four dissidents to be released last year when demnation from the U.S. and criticism from of their investment? it agreed to Cuba’s request for observer sta- leading trade and investment partners Can- [From the Miami Herald, Mar. 11, 1999] tus in its discussions with developing coun- ada and Spain. ‘‘THE SADNESS I FEEL FOR CUBA STAYS ON MY tries who are beneficiaries of Europe’s Lome The jail sentences announced on Monday MIND’’ economic cooperation agreement. ranged from 31⁄2 to five years and were less ‘‘The EU therefore repeats its calls for the than those sought by the prosecution. But (By Raul Rivero) prompt release of the four and will continue foreign diplomats said they still sent a HAVANA.—From my cell I could see Tania to evaluate the development of this matter,’’ strong message from Cuba’s one-party Com- Quintero, Cuba Press correspondent, her face the statement said. munist government that it would not tol- shadowed by the cell’s iron lines. From her ‘‘In addition, the EU wants to convey its erate opposition, even when it is peaceful. cell, she could hear the hoarse voice of disappointment at the fact that neither dip- Jean Chre´tien, Canada’s prime minister, Odalys Cubelo, another Cuba Press cor- lomats nor foreign news media were allowed who had asked Fidel Castro, Cuba’s presi- respondent. And one could feel the presence to attend the trial of the dissidents, despite dent, to release the four, described the sen- of Dulce Maria de Quesada, dissident, quiet the fact that their relatives had been told tences as ‘‘disappointing’’ and added his gov- and silent, sitting on the edge of the gray ce- that the trial would be open to the public,’’ ernment would be reviewing the range of its ment bed. it said. bilateral activities with Havana. Jose´ Maria Not too far from this dark basement, The EU also said it was concerned about Aznar, Spanish premier, said the jail terms where we were being held, the trial of the the temporary detention and house arrest of were a ‘‘step backwards’’ for human rights in four members of the Working Group of Inter- several dozens people connected to the im- Cuba. nal Dissidence was taking place. prisoned dissidents and by new Cuban laws The four—Vladimiro Roca, Fe´lix Bonne, Tania wanted to be present at the trial be- that ‘‘curtail the exercise of citizen’s Rene´ Go´ mez and Martha Beatriz Roque— cause she is a first cousin of Vladimiro Roca, rights.’’ were convicted of inciting sedition after they one of the accused. Odalys wanted to cover Although Cuba customarily rejects such criticised one-party communist rule, called the trial as a journalist, and Dulce Maria, a denunciations as intervention in its internal for a boycott of elections and urged foreign retired librarian and dissident, wanted to be affairs, the EU statement is considered sig- investors to think twice about investing in there because she felt that she had the right nificant because the European group has Cuba. to show a gesture of solidarity with the ac- steadfastly maintained friendly diplomatic Mr. Roca, the son of Cuban Communist cused. and trade relations with Cuba in the face of party founder Blas Roca, was jailed for five I also wanted to follow the trial as a jour- threats of retaliation from powerful critics years. nalist, as a Cuban citizen and as a friend of of Cuba in the U.S. Congress. Mr. Bonne and Mr. Go´ mez each received the four intellectuals being tried. Yet I was The Helms-Burton Act, which imposes four-year sentences and Ms. Roque three- jailed with eight common prisoners accused sanctions on countries investing in Cuban and-a-half years. All had already been held of violence, assault, armed robbery and property confiscated from U.S. citizens, was for 20 months. pimping. aimed at some European investors but their U.S. President Bill Clinton called for their Of course, many ideas crossed my mind, governments have challenged the law and re- immediate release, saying they had not re- and I experienced many feelings during those fused to back down. ceived a fair trial. 30 hours in jail. As days go by, however, it is In a telephone interview hours before the the shame and sadness I feel for Cuba that statement was released, Sweden’s inter- [From the Washington Post, Mar. 2, 1999] stays on my mind. national cooperation minister, Pierre Shori, I ask myself, what are these professional told The Herald that the recent develop- THE HAVANA FOUR and decent women doing in a police-station ments in Cuba are ‘‘alarming.’’ Shori said Vladimiro Roca, Martha Beatriz Roque, cell? What is going on in Cuba that honor- that ‘‘the toughening of the laws against dis- Felix Bonne, Rene Gomez: Note those names. able daughters of this country, belonging to sidents goes against what the Cuban authori- They are dissidents in Communist-ruled three different generations and from dif- ties have said in their dialogue with the Eu- Cuba who went to trial in Havana yesterday. ferent political origins and upbringings, may ropean Union.’’ These brave people were jailed a year and a be arrested on the streets and placed in a cell

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2927 with women accused of prostitution and diction, after 40 years of power, to the basics and other pressure tactics. The U.S. strategy armed robbery? of Stalinism. Cuba’s official media, of had clearly failed; so Ottawa would try a I felt more pain for the imprisonment of course, approve; and even abroad the sort of gentler, more Canadian approach. By ‘‘en- those three friends than for my own jailing. lickspittles who 40–50 years ago swallowed gaging’’ Mr. Castro, we would win his con- This is because I perceived their punishment the show-trials of Eastern Europe can be fidence and persuade him of the error of his as a symbol anticipating a sacrificial pyre. found to defend this fresh attack on those ways, meanwhile tweaking Uncle Sam’s nose Tania and Odalys—like Marvin Hernandez, whom they smear as ‘‘so-called’’ dissidents and winning a new market for Canadian ex- who had been imprisoned for 48 hours and (if not common criminals, nut-cases or both). porters. began a hunger strike in Cienfuegos—have More important, Mr. Castro has comprehen- In a visit to Cuba in 1997, Foreign Minister demonstrated professionalism, integrity and sively thumbed his nose at outsiders who Lloyd Axworthy persuaded Mr. Castro to let discipline while going through this exercise thought that, while reluctantly opening Canada help Cuba build a ‘‘civil society’’—a of independent journalism in Cuba. chinks of free-marketry into Cuba’s econ- favourite Lloydism. Canadian MPs would A few hours after being relatively free to omy he might also open chinks for free visit Cuba to impart their wisdom about par- go home, I was to have a unique ‘‘meeting’’ thought and free speech. These hopefuls in- liamentary democracy. Canadian lawyers with Marta Beatriz Roque Cabello [one of the cluded Pope John Paul, who came visiting 14 and judges would tell their Cuban counter- dissidents being tried]. There she was in my months ago, and whose visit did indeed win parts how an independent justice system living room, the brilliant economist who freedom (albeit mostly in exile) for some dis- works. Canadians would even help Cuba loves poetry and good music, wearing her sidents, and greater freedom for his church. strengthen its citizens’ complaint process, a prisoner’s uniform—on my TV screen. A Its inter-American bishops’ conference was kind of national suggestion box. state broadcaster was insulting her, calling held last month in Cuba, for the first time. All this came to pass. The practical effect her a stateless person and a ‘‘marionette of But even as the bishops met, the new on human rights in Cuba: zero. Mr. Castro’s imperialism.’’ gagging law was going through. human-rights record remains the worst in Since Marta’s ‘‘visit’’ was so peculiar, I al- This renewed assault on free thought must the Americas. Cuba is still a one-party state most commented aloud to her about a note worry those governments—in Latin America, where elections are a sham, the judiciary is that she sent me from the Manto Negro in Canada and Europe—which argue that still a tool of state oppression, independent [Black Cloak] prison at the end of 1998. constructive engagement may get Mr. Castro newspapers and free trade unions don’t exist, ‘‘Here we are,’’ she had written, ‘‘without to loosen his grip. An Ibero-American sum- and more than 300 Cubans still languish in any apparent solution but with a lot of faith mit is due to be held in Cuba this year. Spain jail for ‘‘counter-revolutionary crimes.’’ in God, because there is nothing impossible has talked of a royal visit, though the trials Far from allowing a civil society to flour- for Him.’’ have already led it to rethink. Even Mr. ish, Mr. Castro has been cracking down. Just Marta asked me to put together for her Clinton has recently made some gestures to- two weeks before the trial of the Group of ‘‘some material on neoliberal business wards Cuba’s citizenry, if only to have its re- Four, the rubber-stamp National Assembly globalization and the financial crisis in Asia. gime spit them back in his face. passed a new anti-subversion law that sets I want to state my opinions on the subject.’’ The stick plainly does not work: the Amer- penalties of up to 20 years in jail for anyone A strange request from a woman in prison, ican embargo no more promotes freedom in ‘‘collaborating’’ with the tough U.S. policy it’s true. Marta’s presence in the kind of Cuba today than for decades past. But nei- on Cuba. Clearly aimed at Cuba’s tiny group Cuba that we have can be disquieting and ther, on current form, do dialogue, trade and of independent journalists, the law would odd. investment, and the carrot of more if only make it a crime, for example, to talk to the Her note concluded: ‘‘Say ‘hello’ to Blanca Mr. Castro would let go a little. His succes- U.S.-funded Cuban-language Radio Marti. and tell her I recall her great coffee. I hope sors may soften, hoping to preserve his Cuba’s fear of bad press is so intense that it God allows me to drink some of it soon, sit- achievements (yes, they exist) and their own jailed a Cuban doctor for eight years after he ting in your living room.’’ power, while loosening the handcuffs of talked to the foreign press about a dengue There I had been with Tania, Odalys and Marxist economics and thought-control. But fever epidemic in the city of Santiago. Dulce Maria in the jail, and Marta later the old ham himself, it seems, aims to hoof Mr. Castro’s one concession to Canada, if it ‘‘came’’ to my home, and I couldn’t even on. offer her coffee. can be called that, has been to release a dozen or so political prisoners and let them [From the Globe and Mail, Mar. 3, 1999] [From the London Economist, Mar. 6, 1999] come to Canada—in other words, to send CUBA’S FAVOURITE PATSY them into exile. When Mr. Chre´tien came COSY OLD CASTRO? (By Marcus Gee) tuque in hand to Havana last April, bleating Like any old trouper, Fidel Castro has a Last April, Jean Chre´tien flew down to about the value of ‘‘dialogue over confronta- neat sense of timing, and surefooted ability meet Cuba’s Fidel Castro, becoming the first tion,’’ his host used him as a backdrop for a to confirm both his friends and his critics in Canadian prime minister to do so since 1976. rant against the U.S. embargo, which he their views. It is three years since his air By all accounts they got along famously. Mr. compared to genocide. force cruelly shot down two unarmed planes Chre´tien praised Cuban-Canadian friendship Yet his gains from the cozy relationship sent provocatively towards Cuba by an exile and told a few jokes. Mr. Castro praised with Canada have been huge. His strategy for group. The result was Bill Clinton’s signa- Cuban-Canadian friendship and told a few many years has been to drive a wedge be- ture on the Helms-Burton act, tightening jokes. Mr. Chre´tien had just one thing to ask tween the United States and its allies on the still further the American embargo against of his host: Could Cuba please release four Cuba issue. Helped by the stupid Helms-Bur- the island. Helms-Burton is not, in fact, the Cubans who had been jailed for criticizing ton law, which seeks to penalize foreign com- most damaging piece of such American law, the government. panies that do business with Cuba, he has but the regime hates it. It was no coinci- On Monday, 10 months later, Mr. Castro been making new friendships in Europe, the dence that last month Mr. Castro proposed, gave his answer. He put the four on trial for Caribbean and Latin America. The friendship and his rubber-stamp legislature at once ap- sedition. Marta Beatriz Roque, Felix Bonne, of Canada, a country renowned for cham- proved, fierce penalties for all who ‘‘collabo- Rene Gomez Manzano and Vladimiro Roca— pioning human rights, is by far his biggest rate’’ with the American government—or, the so-called Group of Four—face jail terms coup. And he didn’t even have to ask. specifically, with foreign media—in the ef- of up to six years for ‘‘subverting the order In its summary of Canada’s Cuba policy, fort to strangle Cuba’s economy or upset its of our socialist state.’’ Their crime: urging the Department of Foreign Affairs explains socialist system. The few brave Cubans who voters to boycott Cuba’s rigged one-party why Cuba has been so keen on Canada’s dare to criticise the regime, and even to pub- elections and scolding foreign investors for friendship. ‘‘Given our longstanding rela- lish their views abroad, said this was aimed propping up the Castro regime. tions, Canada’s status as a technologically at them. And, as if to confirm it, the regime The decision to press on with the trial de- advanced North American nation, and the chose this week to put on trial—for just one spite protests from Canada and others is yet lack of a heavily politicized agenda, Canada day, and almost out of public view—four of another example of Mr. Castro’s determina- has been seen as a trusted interlocutor with the best-known dissidents. tion to crush all opposition to his ragged dic- a balanced perspective.’’ Down at the pub, Their offense, among others, is to have tatorship. It is also final, definitive proof they call that a dupe. published in mid-1997 a document entitled that Canada’s Cuba policy has failed. With ‘‘La Patria es de Todos’’, ‘‘The Fatherland Be- the opening of this caricature of justice, that Mr. GRAHAM. Mr. President, I ask longs to All’’—a claim deeply offensive to policy lies gutted like a trout on a pier. unanimous consent to have printed in Mr. Castro’s Communist Party, which likes Ottawa calls its policy ‘‘constructive en- the RECORD a letter from the President to claim Cuba, its anti-colonial past and its gagement.’’ When it took office in 1993, Mr. of the AFL–CIO, John J. Sweeney, di- present alike as exclusive party property. Chre´tien’s government decided to step up rected to Fidel Castro, dated March 5, The four heretics were promptly arrested. contacts with Cuba. More high-level visits, 1999, condemning the human rights Even though the new law was not applied to more trade and investment, more develop- conditions in Cuba. their case, they now risk sentences of years ment aid. in prison, for the crime of telling the truth. The idea was to set Canada apart from the There being no objection, the letter Mr. Castro has thus confirmed his admir- United States, which has tried for years to was ordered to be printed in the ers’ unwavering belief in his unwavering ad- bring down Mr. Castro with a trade embargo RECORD, as follows:

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2928 CONGRESSIONAL RECORD — SENATE March 18, 1999 AMERICAN FEDERATION OF LABOR timely reminder to the administration Senate Resolution 57 calls upon the AND CONGRESS OF INDUSTRIAL OR- that the United States must speak out administration to use its voice and GANIZATIONS, clearly in behalf of those whose own vote at the upcoming meeting of the Washington, DC, March 5, 1999. voices are choked by communist re- U.N. Human Rights Commission to Dr. FIDEL CASTRO, President, Republic of Cuba, Plaza de la pression—be they in China or Cuba. support a strong resolution that will Revolucion, Havana, Cuba. Our principled, consistent defense of condemn Castro’s systematic repres- DEAR MR. PRESIDENT: The AFL–CIO, rep- human rights must be heard at the up- sion and appoint a special rapporteur resenting over 13 million working men and coming meeting of the U.N. Commis- to document the regime’s willful viola- women in the United States, vigorously ob- sion on Human Rights in Geneva. tions of universally recognized human jects to your government’s recent measures In recent weeks, Fidel Castro has ex- rights. to silence all opposition in your country, in- ecuted a brutal crackdown on coura- Mr. TORRICELLI. Mr. President, I cluding the passage of laws proscribing free- dom of expression with the penalty of death, geous Cubans and independent journal- rise today in support of S. Res. 57, ex- and increasingly violent physical attacks, ists who seek freedom from the heavy- pressing the sense of the Senate re- arrests, and other forms of harassment per- handed treatment imposed on them by garding the human rights situation in petrated against pro-democracy activists. the Castro government. Cuba. Despite Pope John Paul’s historic visit to Just this week, he sentenced four I am pleased to join Senator GRAHAM, your country, during which he asked the prominent, peaceful dissidents to up to MACK and my other colleagues in sup- world to open itself to Cuba and for Cuba to 5 years in prison for daring to criticize port of this resolution. This is a timely open itself to the world, and the subsequent release of several political prisoners, these Castro’s failed communist experiment. resolution. As the U.N. Human Rights most recent measures promulgated and im- There’s nothing new about Castro’s Commission is preparing to meet in Ge- plemented by your government make for a brutality. But the latest Castro crack- neva later this month, we are wit- giant step backward. A number of victims of down is significant because it violates nessing a new crackdown on human this most recent wave of repression were Castro’s commitments to the Pope. rights in Cuba. independent trade union activists. The Pope asked Castro to ‘‘open up to This week, four prominent dissidents Some human rights activists have termed the world’’ and to respect human were sentenced to jail terms ranging the recent campaign of repression as the most significant operation since the 1996 rights. Castro’s reply has now been from three and a half to five years by break-up of the Concilio Cubano. On March 1, heard: He gave a bloody thumbs-down the Cuban government. Their crime— security forces detained dozens of local ac- to the Pope’s plea. exercising their right to speak and sup- tivists and blocked foreign observers, includ- The latest crackdown also comes de- port a peaceful transition to democ- ing the chief U.S. Envoy to Havana, from at- spite years of Canadian coddling and racy. tending the trial of the so-called ‘‘Group of European investment in Cuba. The Ca- These courageous people, Vladimiro Four.’’ Vladimir Roca the son of the de- nadians’ self-described ‘‘policy of en- Roca, Rene Manzano, Felix Bonne, and ceased Cuban Communist hero Blas Roca, gagement’’ has served to prop-up the Marta Beatriz Roque, were arrested for Marta Beatrize Roque, an economist, Felix Bonne, an academic, and Rene Gomez, an at- Castro regime but has done nothing to their peaceful criticism of the Com- torney, have been jailed for the past 19 advance human rights or democracy. munist Party platform. They were held months for holding news conferences for for- Thos who have urged unilateral con- over one year without being charged. eign journalists and diplomats, for urging cessions from the United States in They were tried in a closed door pro- voters to boycott your country’s one-party order to nudge Castro toward change ceeding that violated all standards of elections, for warning foreigners that their surely will now acknowledge that ap- due process. Scores of human rights ac- investments would contribute to Cuban suf- peasement has failed—as it always tivists and journalists were arrested fering and for openly criticizing the Com- does. before and during their trial to prevent munist Party. Such actions would be consid- ered a normal exercise of freedom of expres- The U.S. response to this latest wave demonstrations of support for the ac- sion in any democratic society. We also un- of repression must be resolute and en- cused. Fidel Castro ignored calls from derstand that the defendants are jointly ac- ergetic. We must invigorate our policy the Vatican and the Canadian govern- cused of ‘‘other acts against the security of to maintain the embargo on Castro, ment for their release. Yesterday, the the state in relation with a crime of sedi- while undermining Castro’s embargo European Union issued a strong state- tion.’’ For these ‘‘offenses’’, the four defend- on the Cuban people. ment calling for their release. ants face prison sentences of five to six We should make no secret of our The trial prompted international years. Although your government denies goal: I myself have declared publicly outrage, but came as little surprise for holding prisoners of conscience, it labels the and repeatedly that, for the sake of the those who have followed Castro’s pol- four, as it does other opposition figures, as ‘‘counter-revolutionary’’ criminals. people of Cuba, Fidel must go. And, icy of eliminating peaceful dissent. The The unwarranted arrests, threats and phys- whether he goes vertically or hori- government regularly pursues a policy ical intimidation are in direct violation of zontally is up to him. of using detention and intimidation to the rights defined and protected by the Since the Pope’s visit to Cuba, I have force human rights activists to leave United Nations’ Universal Declaration of urged the administration to increase Cuba or abandon their efforts. The four Human Rights, to which Cuba is a signatory. United States support for Cuban dis- dissidents bravely rejected the Cuban The AFL–CIO respectfully requests that sidents and independent groups, which your government rescind these most recent government’s offers to go into exile measures of repression, as well as freeing the include the Catholic Church. Once rather than face trial. scores of prisoners of conscience who still in- again, I call on the Clinton administra- One year after the Papal visit, an habit your country’s jails. The AFL–CIO also tion to increase U.S. support for dis- event which many hoped would bring wishes to acknowledge and condemn the re- sidents, to respect the codification of greater openness to Cuba, Fidel Castro cent campaign of government-sponsored re- the embargo, and to work with us on has slammed the door closed on the pression which victimized the individuals this bipartisan policy. world and on the Cuban people. 1999 has mentioned in the list which is enclosed. Al- Castro’s recent measures make clear brought about no change in Castro’s though a number of these individuals have that he is feeling the heat from our ef- unyielding policy of stifling human been released from state detention, they should never have been arrested in the first forts to reach out to the Cuban people. rights. To the contrary, Castro is tight- place. That is why Castro is trying to crush ening his iron grip on the Cuban peo- Sincerely, dissidents and independent journalists, ple. JOHN J. SWEENEY, who are daring to tell the truth about First, he began the year by rejecting President. his regime. That is why he has made it the Administration’s expanded human- Mr. HELMS. Mr. President, I com- a criminal offense for Cubans to engage itarian measures. Among other initia- mend our distinguished colleagues in friendly contact with Americans. tives, the measures establish direct from Florida, Senators BOB GRAHAM Castro’s cowardly brutality—when mail service between the U.S. and and CONNIE MACK, for their leadership one pauses to think about it—shows Cuba, and expand remittances to indi- in the bipartisan effort to defend the that he is a weak and frightened des- vidual Cuban families and charitable rights of the Cuban people. pot. His cruelty should make us more organizations. These measures, de- Their Senate Resolution No. 57—of determined than ever to sweep Castro- signed to ease the suffering of the which I am a proud cosponsor—is a ism onto the ash heap of history. Cuban people caused by 40 years of

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2929 communism, were called acts of ‘‘ag- Mr. STEVENS. Mr. President, I ask The legislative clerk proceeded to gression’’ by the Cuban government. unanimous consent that the order for call the roll. Second, a new security law for the the quorum call be rescinded. Mr. STEVENS. Mr. President, I ask ‘‘Protection of National Independence The PRESIDING OFFICER. Without unanimous consent that the order for and Economy’’ was passed by the objection, it is so ordered. the quorum call be rescinded. Cuban government in February. The f The PRESIDING OFFICER. Without law criminalizes any form of coopera- objection, it is so ordered. tion or participation in pro-democracy EMERGENCY SUPPLEMENTAL AP- Mr. STEVENS. Mr. President, I ask efforts. It imposes penalties ranging PROPRIATIONS ACT FOR FISCAL unanimous consent to send to the desk from 20 to 30 years, for those found to YEAR 1999 and consider, en bloc, the following be cooperating with the U.S. govern- The Senate resumed consideration of amendments: ment. Government officials have al- the bill. A Kohl-Harkin-Durbin amendment to ready warned human rights activists AMENDMENT NO. 114 provide funding for conservation tech- that violations are punishable under (Purpose: To transfer funds from the envi- nical assistance; a Bond-Durbin- the new law. ronmental programs and management ac- Ashcroft-Grassley-Frist-Harkin amend- And third, the State Department count of the Environmental Protection ment for additional funding for section Country Reports on Human Rights Agency to the State and tribal assistance 32 assistance to producers; a Byrd Practices details the same human grant account) amendment to provide additional fund- rights abuses as last year and the year Mr. STEVENS. Mr. President, I send ing for rural water infrastructure; a before. One is hard-pressed to find any to the desk an amendment which is one technical amendment of my own re- improvements. The Report repeats last of the relevant amendments listed by garding the provision of emergency as- year’s finding that the Cuban govern- the majority leader. It is on behalf of sistance made available for fiscal year ment’s human rights record remains Senator CRAPO, dealing with the trans- 1999; a Feinstein-Boxer amendment to poor. It reiterates the finding that the fer of funds from the environmental increase the emergency funds made government continues to ‘‘systemati- programs and management account of available for emergency grants to low- cally violate fundamental civil and po- the EPA to the State and tribal assist- income migrant and seasonal workers. litical rights of its citizens.’’ Security ant grant account. This has been The last amendment deals with a $5 forces ‘‘committed serious human cleared on both sides, and I ask that it million increase which we believe is rights abuses.’’ be considered. offset with the current bill. The others The examples of human rights viola- The PRESIDING OFFICER. The are offset. tions in the Report are numerous, and clerk will report. The PRESIDING OFFICER. Without startling. Human rights activists are The legislative clerk read as follows: objection, it is so ordered. beaten in their homes and outside The Senator from Alaska (Mr. STEVENS), AMENDMENTS NOS. 115 THROUGH 119, EN BLOC churches. People are arbitrarily de- for Mr. CRAPO, proposes an amendment num- Mr. STEVENS. Mr. President, I send tained and arrested. Political prisoners bered 114. the amendments to the desk. are denied food and medicine brought Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. The by their families. Even children are unanimous consent that the reading of clerk will report. made to stand in the rain chanting slo- the amendment be dispensed with. The legislative clerk read as follows: gans against pro-democracy activists. The PRESIDING OFFICER. Without I would, therefore, say to those coun- The Senator from Alaska (Mr. STEVENS) objection, it is so ordered. proposes amendments numbered 115 through tries seeking increased ties with The amendment is as follows: 119, en bloc. Cuba—take a look at this record. Do On page 58, between lines 15 and 16, insert Mr. STEVENS. Mr. President, I ask not lend any credibility or legitimacy the following: to a government that denies its people unanimous consent that the reading of SEC. 4. . WATER AND WASTEWATER INFRA- the amendments be dispensed with. basic human rights, and punishes those STRUCTURE PROJECTS. The PRESIDING OFFICER. Without seeking a peaceful transition to democ- Of the amount appropriated under the objection, it is so ordered. racy. heading ‘‘ENVIRONMENTAL PROGRAMS AND While the Western Hemisphere gradu- MANAGEMENT’’ in title III of the Departments The amendments are as follows: ally moves towards greater respect for of Veterans Affairs and Housing and Urban AMENDMENT NO. 115 human rights, Cuba remains mired in Development, and Independent Agencies Ap- (Purpose: To provide funding for propriations Act, 1999 (Public Law 105–276), conservation technical assistance) its communist past. Once again, it is $1,300,000 shall be transferred to the State On page 37, line 9 strike ‘‘$285,000,000’’ and the Cuban people who suffer. and tribal assistance grant account for a insert in lieu thereof ‘‘$313,000,000’’. This resolution demonstrates that grant for water and wastewater infrastruc- the United States’ Senate stands At the appropriate place, insert the fol- ture projects in the State of Idaho. lowing: united, not divided, in condemning Mr. STEVENS. Mr. President, I ask ‘‘SEC. . Notwithstanding Section 11 of the human rights abuses in Cuba. It also unanimous consent that the amend- Commodity Credit Corporation Charter Act sends a strong message to not only the ment be agreed to. (15 U.S.C. 714i), an additional $28,000,000 shall U.N. Human Rights Commission, but The PRESIDING OFFICER. Without be provided through the Commodity Credit also to the Cuban people. We will stand objection, it is so ordered. Corporation in fiscal year 1999 for technical with you and support you until the day assistance activities performed by an agency The amendment (No. 114) was agreed of the Department of Agriculture in carrying that you are free. to. I urge my colleagues to join me in out any conservation or environmental pro- Mr. STEVENS. Mr. President, I move support of this resolution. gram funded by the Commodity Credit Cor- to reconsider the vote by which the Mr. MACK. There are no further poration: Provided, That the entire amount amendment was agreed to, and I move shall be available only to the extent an offi- speakers on my side, so I am prepared to lay that motion on the table. cial budget request for $28,000,000, that in- to yield back the remainder of my The motion to lay on the table was cludes designation of the entire amount of time. agreed to. the request as emergency requirement as de- Mr. GRAHAM. There are no other fined in the Balanced Budget and Emergency speakers on our side of the aisle, so I Mr. STEVENS. Mr. President, I ask Deficit Control Act of 1985, as amended, is also yield back the remainder of our unanimous consent to remove from the transmitted by the President to the Con- time. list Senator DEWINE’s amendment on gress: Provided further, That the entire The PRESIDING OFFICER. All time steel and Senator MURRAY’s amend- amount is designated by Congress as an has expired. ment on rural schools. emergency requirement pursuant to section Mr. MACK. I suggest the absence of a The PRESIDING OFFICER. Without 251(b)(2)(A) of such Act.’’ quorum. objection, it is so ordered. Mr. KOHL. Mr. President, today, The PRESIDING OFFICER (Mr. Mr. STEVENS. Mr. President, I sug- along with Senators HARKIN and DUR- ENZI). The clerk will call the roll. gest the absence of a quorum. BIN, I introduce an amendment to add The bill clerk proceeded to call the The PRESIDING OFFICER. The $28 million this fiscal year to the Con- roll. clerk will call the roll. servation Reserve Program CRP, run

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2930 CONGRESSIONAL RECORD — SENATE March 18, 1999 by the Natural Resources Conservation ries the interests of farmers, conserva- cially if their hogs had simply been de- Service, NRCS of USDA. The amend- tionists, and nature lovers. It is vol- stroyed by a natural disaster. At one ment is fully offset and acceptable to untary, it is local in direction, it is ef- point, the feed the hogs were eating Senator COCHRAN and my colleagues on fective. I am glad we were able to agree was worth more than the hogs them- the other side of the aisle. to keep such a worthy program alive selves. And not long ago, consumers One of the benefits of my job is hav- this year, and I thank my colleagues were paying more for a canned ham ing an opportunity to travel many of who have helped clear this amendment. than the 260-pound hog it came from. the highways and backroads of the AMENDMENT NO. 116 To address this disaster on hog farms State of Wisconsin. And, I like so many (Purpose: To appropriate additional funds to across America, the Administration other residents of my State, never tire the fund maintained for funds made avail- committed $50 million to their plight. of the landscape of rolling hills, graz- able under section 32 of the Act of August While this amount sends a message of ing dairy cows, and handsome farms. In 24, 1935, and to authorize the Secretary of support to hog farmers, it is inad- the last few years, dotted among these Agriculture to waive the limitation on the equate in light of the severity of the amount of such funds that may be devoted lovely farms, is a new sight—or, per- crisis to our family farms. haps more accurately, a sight so old during fiscal year 1999 to 1 agricultural commodity or product thereof, with an off- The Missouri Farm Bureau and the that not many of us have had a chance set) Missouri Pork Producers requested our to experience it. There are patches of On page 2, between lines 20 and 21, insert assistance, and we have responded. land where the native trees, grasses the following: Today, Senator BOND and I are offering and flowers are growing again; where FUNDS FOR STRENGTHENING MARKETS, INCOME, this amendment, which makes $250 mil- white tail deer and pheasant walk AND SUPPLY lion available for farmers struggling to among wood violets and sugar maples (SECTION 32) survive the severe drop in pork prices. the way they did 150 years ago. These For an additional amount for the fund Under the amendment, the U.S. De- pieces of land, restored to their origi- maintained for funds made available under partment of Agriculture would be pro- nal natural beauty, are living muse- section 32 of the Act of August 24, 1935 (7 vided with $150 million new funds and ums—reminders to ourselves and our U.S.C. 612c), $150,000,000: Provided, That the would be given the authority to use an- children of the magnificence of Wiscon- entire amount shall be available only to the other $100 million, that the USDA al- sin’s native landscape. extent an official budget request for $150,000,000, that includes designation of the ready has, to help hog farmers. Much of this land restoration is due The amendment sends a clear and re- to the Conservation Reserve Program, entire amount of the request as an emer- gency requirement as defined in the Bal- sounding message of support to Mis- a federal program that, in effect, rents anced Budget and Emergency Deficit Control souri’s hog farmers. In my recent trips land from farmers and restores it to its Act of 1985, as amended, is transmitted by to Missouri, I met with numerous hog natural state. Wisconsin farmers have the President to Congress: Provided further, farmers and was alarmed to hear them enthusiastically embraced this effort That the entire amount is designated by say that many of them would have to enrolling 72,000 acres of land in the Congress as an emergency requirement under sell the family farm if we do not act section 251(b)(2)(A) of such Act. CRP this year along. Altogether, the expediently. This situation demands CRP has restored 600,000 acres of land On page 7, between lines 8 and 9, insert the following: action, and I have taken immediate ac- in Wisconsin. tion at the request of Missouri’s family Despite this program’s great suc- GENERAL PROVISION, THIS CHAPTER farmers. cess—in Wisconsin and rural areas SEC. ll. The Secretary of Agriculture It is the understanding of those of us across the country—a provision of the may waive the limitation established under the second sentence of the second paragraph that have offered this amendment 1996 farm bill has inadvertently put the of section 32 of the Act of August 24, 1935 (7 today that the majority of the funds CRP in jeopardy. Section 11 of the farm U.S.C. 612c), on the amount of funds that available to the Secretary of Agri- bill capped the administrative costs may be devoted during fiscal year 1999 to any culture will be used on behalf of our that the USDA can pay out on any pro- 1 agricultural commodity or product thereof. nation’s pork farmers. Last year, all of gram. The provision was an attempt to On page 37, line 9, strike ‘‘$285,000,000’’ and the major commodity groups received slow some over-enthusiastic compute insert ‘‘$435,000,000’’. disaster assistance, but the hog farm- purchasing at the USDA. Unfortu- Mr. ASHCROFT. Mr. President, I rise ers received nothing. nately, it also capped the technical as- today to join the senior senator from sistance allowed under the CRP in a Missouri, Senator BOND, in offering an In current law (Section 32 of the Act way that will make it illegal for the amendment to help the plight of the of August 24, 1935) the Department of CRP to identify or enroll new acres hog farmers in the state of Missouri. Agriculture has broad authority to re- after May of this year. Our amendment Hog farmers in our home state, and establish farmers’ purchasing power by today, by adding $28 million for these across the nation, are experiencing a making payments, to encourage domes- necessary administrative functions, disaster outside of their control, much tic consumption by diverting surpluses will allow the CRP to continue its like a flood, drought, or disease. It was to low-income groups, and to encour- work. projected that 25 to 40 percent of Mis- age the export of farm products Our offset today is from the food souri’s pork producers would lose their through producer payments or other stamp reserve fund, and I want to say family farms if we do not take imme- means. However, the amount devoted a word about that. Every year, we put diate and substantial action. That is to any one commodity shall not exceed aside more money than we anticipate why we have offered this amendment. 25 percent of the Section 32 funds. Most we will need to cover our food stamps The statistics are devastating. Since recently, the USDA recently used its obligations. We do so in order to make June 1998, pork farmers experienced a Section 32 authority to make a $50 mil- sure that that very vital anti-hunger roughly 70 percent decline in pork lion direct cash payment to pork pro- program is available even if demand in- prices, from $40 per hundredweight to ducers. creases because of an unexpected eco- $9 per hundredweight. The 1998 average Our amendment adds $150 million to nomic downturn. As the year pro- price was an astounding 30 percent the USDA Section 32 Fund, to be used gresses without such a downturn, it is below the average price in 1932. In 1933, for hog farmers, and it waives the 25 appropriate and responsible budgeting market hogs brought $3.53 a hundred- percent cap on the USDA Section 32 to move some of those funds, which weight, which is $47.29 in today’s dol- Fund for the remainder of fiscal year will not be needed, into areas where lars. 1999. These funds would be made avail- there is pressing needs. There was a $2.6 billion equity melt- able to help the current emergency sit- That said, we still must keep a rea- down on hog farms across America, and uation in the pork industry. sonable balance in reserve for food Economist Glen Grimes, at the Univer- In addition to today’s amendment, I stamps, and in no way should this fund sity of Missouri, projects that hog would also like to mention some of the be viewed by others with amendments farmers will suffer another one billion initiatives that I have worked on with as a piggy bank. loss in 1999. the Missouri Farm Bureau and the Mis- The CRP is an example of an environ- Some hog farmers have told me that souri Pork Producers in order to ad- mental program that successfully mar- they would have been better off finan- dress the pork crisis:

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2931 Initiated a request, with Senator BOB Food and Drug Administration, and Related Mr. STEVENS. I suggest the absence KERREY (D-NE), to U.S. Trade Rep- Agencies Appropriations Act, 1999 shall be of a quorum. resentative Charlene Barshefsky suc- provided by the Secretary of Agriculture di- The PRESIDING OFFICER. The cessfully urging her to add European rectly to any state determined by the Sec- clerk will call the roll. retary of Agriculture to have been materi- The legislative clerk proceeded to Union pork to the U.S. trade retalia- ally affected by the commercial fishery fail- tion list against the EU’s unfair trade ure or failures declared by the Secretary of call the roll. practices. Commerce in September, 1998 under section Mr. STEVENS. I ask unanimous con- Requested that the U.S. Government 312(a) of the Magnuson-Stevens Fishery Con- sent that the order for the quorum call buy excess hogs from farmers and ship servation and Management Act. Such state be rescinded. U.S. pork as emergency assistance to shall disburse the funds to individuals with The PRESIDING OFFICER. Without Central America. family incomes below the federal poverty objection, it is so ordered. Wrote to the Prime Minister of Can- level who have been adversely affected by AMENDMENT NO. 120 the commercial fishery failure or failures. ada urging him to resolve work stop- (Purpose: To provide authority and appro- Provided, That the entire amount shall be priations for the Department of State to page in the Ontario pork packers plant available only to the extent an official budg- so that Canada can slaughter its hogs carry out certain counterdrug research and et request for such amount, that includes development activities) instead of flooding our slaughter designation of the entire amount of the re- houses with Canadian hogs. quest as an emergency requirement as de- Mr. STEVENS. Mr. President, I send Wrote to the President and the Sec- fined in the Balanced Budget and Emergency to the desk an amendment for Senator retary of Agriculture requesting that Deficit Control Act of 1985, as amended, is DEWINE and others to provide author- they use all their authority to ensure transmitted by the President to Congress. ity and funds for the Department of Provided further, That the entire amount is State’s counterdrug program. This that no unfair competition or antitrust designated by Congress as an emergency re- practices exist in domestic pork mar- amendment includes an appropriate quirement under section 251(b)(2)(A) of such offset for the additional spending that kets. It concerns me that farmer’s Act. prices for hogs at the farm gate have is authorized. AMENDMENT NO. 119 The PRESIDING OFFICER. The plummeted while prices at the cash On page 2, line 11, strike $20,000,000 and in- clerk will report. register have not dropped equally for sert $25,000,000. The legislative clerk read as follows: the consumer. On page 2, line 13, strike $20,000,000 and in- The Senator from Alaska [Mr. STEVENS] Requested of the Administration an sert $25,000,000. for Mr. DEWINE, for himself, Mr. BURNS and On page 37, line 9, increase the amount by immediate moratorium on burdensome Mr. COVERDELL, proposes an amendment $5,000,000. new federal regulations affecting hog numbered 120: producers, and wrote to the President Mrs. FEINSTEIN. Mr. President, this On page 24, between lines 2 and 3, insert to ease paperwork requirements placed amendment increases funding for the following: on farmers and banks so that the USDA’s Emergency Grants to Assist- DEPARTMENT OF STATE money can quickly get to those who ance Low-Income Migrant and Sea- INTERNATIONAL NARCOTICS CONTROL AND LAW need it. sonal Farmworkers program by $5 mil- ENFORCEMENT Introduced a congressional resolution lion. The increase in funding is pro- For an additional amount for ‘‘Inter- (S. Con. Res. 4) with Senator MAX BAU- vided to cover additional needs, includ- national Narcotics Control and Law Enforce- CUS which demands that South Korea ing a possible increase in WIC caseload ment’’, $23,000,000, for additional counterdrug end its unfair trade practices and sub- as a result of the devastating citrus research and development activities: Pro- sidies that hurt American pork pro- freeze which impacted California last vided, That the entire amount is designated by the Congress as an emergency require- ducers. The resolution also urges the December. ment pursuant to section 251(b)(2)(A) of the U.S. Trade Representative, the Sec- I understand the amendment has Balanced Budget and Emergency Deficit retary of Treasury, and the Secretary been agreed to on both sides, and I urge Control Act of 1985: Provided further, That of Agriculture to take immediate ac- its adoption. such amount shall be available only to the tion against such harmful Korean sub- Mr. STEVENS. Mr. President, I ask extent an official budget request that in- sidies. for the adoption of these amendments cludes designation of the entire amount of the request as an emergency requirement as AMENDMENT NO. 117 en bloc. The PRESIDING OFFICER. Without defined in such Act is transmitted by the (Purpose: To provide funding for rural water President to the Congress. infrastructure) objection, the amendments are agreed On page 27 increase the amount of the re- On page 37, line 9 strike ‘‘$313,000,000’’ and to. scission on line 9 by $23,000,000. insert in lieu thereof ‘‘$343,000,000’’. The amendments (Nos. 115 through On page 44, between lines 11 and 12, insert On page 5, after line 20 insert the fol- 119) were agreed to. the following: lowing: Mr. STEVENS. Mr. President, I move (b) Section 832(a) of the Western Hemi- RURAL COMMUNITY ADVANCEMENT PROGRAM to reconsider the vote by which the sphere Drug Elimination Act (Public Law 105–277) is amended— For an additional amount for the costs of amendments were agreed to, and I move to lay that motion on the table. (1) in the first sentence— direct loans and grants of the rural utilities (A) by striking ‘‘Secretary of Agriculture’’ programs described in section 381E(d)(2) of The motion to lay on the table was and inserting ‘‘Secretary of State’’; and the Consolidated Farm and Rural Develop- agreed to. (B) by striking ‘‘the Agricultural Research ment Act (7 U.S.C. 2009f), as provided in 7 Mr. STEVENS. I suggest the absence Service of the Department of Agriculture’’ U.S.C. 1926(a) and 7 U.S.C. 1926C for distribu- of a quorum. and inserting ‘‘the Department of State’’; tion through the national reserve, $30,000,000, The PRESIDING OFFICER. The (2) in paragraph (5), by inserting ‘‘(without of which $25,000,000 shall be for grants under clerk will call the roll. regard to any requirement in law relating to such program: Provided, That the entire public notice or competition)’’ after ‘‘to con- amount shall be available only to the extent The legislative clerk proceeded to call the roll. tract’’; and an official budget request for $30,000,000, that (3) by adding at the end the following: includes designation of the entire amount of Mr. STEVENS. Mr. President, I ask ‘‘Any record related to a contract entered the request as an emergency requirement as unanimous consent that the order for into, or to an activity funded, under this defined in the Balanced Budget and Emer- the quorum call be rescinded. subsection shall be exempted from disclosure gency Deficit Control Act of 1985, as amend- The PRESIDING OFFICER. Without as described in section 552(b)(3) of title 5, ed, is transmitted by the President to the objection, it is so ordered. United States Code.’’. Congress: Provided further, That the entire Mr. STEVENS. Mr. President, I ask amount is designated by Congress as an Mr. STEVENS. I suggest the absence emergency requirement pursuant to section unanimous consent that the amend- of a quorum. 251(b)(2)(A) of such Act. ment entitled ‘‘1998 Disaster’’ for Sen- The PRESIDING OFFICER. The OND AMENDMENT NO. 118 ator B be deleted from the list and clerk will call the roll. that an amendment listed for Senator At the appropriate place in the bill insert The legislative clerk proceeded to the following new section: ASHCROFT entitled ‘‘Emergency Assist- call the roll. SEC. . Notwithstanding any other provi- ance to USDA’’ be deleted. Mr. STEVENS. I ask unanimous con- sion of law, monies available under section The PRESIDING OFFICER. Without sent that the order for the quorum call 763 of the Agriculture, Rural Development, objection, it is so ordered. be rescinded.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2932 CONGRESSIONAL RECORD — SENATE March 18, 1999 The PRESIDING OFFICER. Without hundred ninety-four million, nine hun- volving the City of New Orleans Am- objection, it is so ordered. dred seventy-nine thousand, two hun- trak train in Illinois on Monday night. Mr. STEVENS. I ask that we proceed dred thirty-nine dollars and eight Several Mississippians lost their with the amendment at the desk. cents). lives in the accident including June The PRESIDING OFFICER. The One year ago, March 17, 1998, the Fed- Bonnin of Nesbit, and Raney and Lacey question is on agreeing to the amend- eral debt stood at $5,536,664,000,000 Lipscomb of Lake Cormorant. I know ment. (Five trillion, five hundred thirty-six my colleagues join me in extending our The amendment (No. 120) was agreed billion, six hundred sixty-four million). sympathy to their families. to. Five years ago, March 17, 1994, the Mr. President, as is so often the case, Mr. STEVENS. Mr. President, I move Federal debt stood at $4,553,032,000,000 tragedies such as this can bring out the to reconsider the vote and I move to (Four trillion, five hundred fifty-three best in individuals. Based on informa- lay that motion on the table. billion, thirty-two million). tion provided to my office, it appears The motion to lay on the table was Ten years ago, March 17, 1989, the that three of the students from Cov- agreed to. Federal debt stood at $2,736,679,000,000 enant Christian High School in Clin- Mr. STEVENS. I suggest the absence (Two trillion, seven hundred thirty-six ton, Mississippi, who were on the train, of a quorum. billion, six hundred seventy-nine mil- became heroes. The PRESIDING OFFICER. The lion) which reflects a debt increase of These students were part of a group clerk will call the roll. almost $3 trillion—$2,905,015,979,239.08 of 15 students returning from a spring The bill clerk proceeded to call the (Two trillion, nine hundred five billion, break trip to Canada. According to per- fifteen million, nine hundred seventy- roll. sons on the scene, Michael Freeman, nine thousand, two hundred thirty-nine Mr. STEVENS. I ask unanimous con- Caleb McNair, and Jeffrey Sartor, all dollars and eight cents) during the past sent that the order for the quorum call 17-year-old Clinton residents, quickly 10 years. be rescinded. reacted to the situation. The PRESIDING OFFICER. Without f With fire quickly approaching from a objection, it is so ordered. CITY OF NEW ORLEANS CRASH nearby car, Michael and Caleb opened a Mr. STEVENS. Mr. President, earlier Mr. FITZGERALD. Mr. President, as window and began rescuing people today we had an amendment that I did my colleagues know, a tragic accident trapped inside the train. Jeffrey and not move to reconsider and I indicated occurred in Bourbonnais, Illinois on Mrs. Phyllis Hurley, a chaperone who I would move to reconsider at a later Monday night when an Amtrak pas- was injured herself, began helping peo- time. senger train, the City of New Orleans, ple get out of the train too. The PRESIDING OFFICER. That was collided with a tractor trailer carrying Caleb also assisted firefighters in amendment No. 80. steel rods. According to the National getting elderly people to safety and Mr. STEVENS. And the purpose? Transportation Safety Board, NTSB, a getting a young girl freed from the The PRESIDING OFFICER. The crew of 18 people and 196 passengers wreckage. When firefighters and other clerk will report. were aboard the City of New Orleans help arrived, Michael was still on top The legislative clerk read as follows: when the accident occurred. of a car helping people from other cars To defer section 8 assistance for expiring Eleven people lost their lives in the over to the closest ladder and down contracts until October 1, 1999. accident, NTSB officials report. I wish from the train. Even after the young Mr. STEVENS. That amendment was to convey my deepest sympathy to the men were escorted to the side, they agreed to. I move to reconsider the families of the victims and all others continued to help carry stretchers of vote, and I ask unanimous consent that who have been touched by this tragedy. wounded to safety. the motion to reconsider be laid on the Illinois grieves with you. Mr. President, I extend my sympathy table. I would also like to recognize the to all the victims and their families af- The PRESIDING OFFICER. Without dedication of the local and State offi- fected by the tragedy, and I commend objection, it is so ordered. cials and citizens who have prevented the efforts of these young people and The motion to lay on the table was this tragedy from becoming even the many firefighters and emergency agreed to. worse. Local citizens worked through personnel who acted to save lives and Mr. STEVENS. I suggest the absence the night and into the early morning assist the victims. to locate victims, free them from the of a quorum. f The PRESIDING OFFICER. The wreckage, and treat their injuries. clerk will call the roll. Public safety officials from Bourbon- CERTIFIED NONSENSE The bill clerk proceeded to call the nais, and from the communities and counties surrounding it, worked above Mr. GRASSLEY. Mr. President, here roll. we go again. It seems that around this Mr. STEVENS. Mr. President, I ask and beyond the call of duty to save lives, rescue survivors, and prevent fur- time every year we launch into certifi- unanimous consent that the order for cation follies. The occasion is the an- the quorum call be rescinded. ther harm from occurring. Additionally, Federal officials from nual requirement that the administra- The PRESIDING OFFICER. Without the Department of Transportation, the tion report to Congress on the progress objection, it is so ordered. National Transportation Safety Board, or lack of progress that countries are f the Highway Administration, the Rail- making in cooperating on combating drugs. This debate more recently gets MORNING BUSINESS road Administration, and Health and Human Services have traveled to Illi- personalized around the issue of the Mr. STEVENS. Mr. President, I ask nois to lend their expertise in the certification of Mexico. unanimous consent that the Senate aftermath of this horrible accident. There seems to be two basic elements now proceed to a period for morning And finally, nonprofit organizations in this affair: The acceptance by some business, with Senators permitted to like the American Red Cross have also in Congress that the administration speak therein for up to 10 minutes served the victims, families, and only lies on certification therefore we each. friends associated with this accident. should do away with the process and The PRESIDING OFFICER. Without At times like this we remember the quit the pretense. And those who argue objection, it is so ordered. fragility of human life, and recognize that it is unfair to judge the behavior f the magnanimity of the human spirit. of others and to force the President to We commend the many volunteers and make such judgments. THE VERY BAD DEBT BOXSCORE officials involved with the city of New I do not think that either of these Mr. HELMS. Mr. President, at the Orleans accident. Their dedication to views is accurate or does justice to the close of business yesterday, Wednes- the welfare of those injured will be re- seriousness of the issues we are dealing day, March 17, 1999, the Federal debt membered in perpetuity. with. They are also not consonant with stood at $5,641,694,979,239.08 (Five tril- Mr. COCHRAN. Mr. President, we the actual requirements in certifi- lion, six hundred forty-one billion, six were all saddened by the accident in- cation.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2933 On the first point. The annual certifi- nually than all the terrorist attacks on volved in this dispute over bananas. cation process does not require the ad- U.S. citizens in the past 10 years. It is What strikes me as odd is that the ad- ministration to lie. If an administra- consistent with international law. And ministration is prepared to deploy seri- tion chooses to do so, it is not the fault it is not unusually burdensome on the ous actions against allies over this of the certification process. And the fix administration—apart from holding it issue but finds it unacceptable to de- is not to change the law to enable a lie. to some realistic standard of account- fend U.S. interests when it comes to The fix is to insist on greater honesty ability. drugs with similar dedication and seri- in the process and compliance with the I know that administrations, here ousness. legal requirements. and abroad, are uncomfortable with But let me come back to Mexico and Now, the Congress is no stranger to such standards. But that shilly shally certification. I have two observations. elaborate misrepresentations from ad- should not be our guide. Congress has a The first concerns the requirements for ministrations. Given that fact, this constitutional foreign policy responsi- certification. I refer again to the law. does mean that differences in judgment bility every bit as fundamental as the That is a good place to start. The re- necessarily mean that one party to the President’s. Part of that responsibility quirement in the law is to determine difference is lying. In the past, I have is to expect accountability. The certifi- whether a country is fully cooperating. not accepted all the arguments by the cation process is a key element in that It is not to judge whether a country is administration in certifying Mexico. with respect to drugs. fully successful. Indeed, self-evident facts make such To seek to retreat from the responsi- Frankly, that is an impossible stand- an acceptance impossible and the ad- bility because an administration does ard to meet. One that we would fail. I ministration’s insistence upon obvious not like to be accountable is hardly agree, that deciding what full coopera- daydreams embarrassing. But I have, sufficient ground for a change. To do so tion looks like is a matter of judgment. despite this, supported the overall deci- because another country does not like But to those who argue that certifi- sion on Mexico. I have done this for explaining how it is doing in cooper- cation limits the President’s flexi- several reasons. ating to deal with a serious threat to bility, on the contrary, it gives scope Before I explain, let me summarize U.S. national interests is equally unac- to just that in reaching such a deci- several passages from the law that re- ceptable. To argue that we should sion. It is a judgment call. Sometimes quires the President to report to Con- cease judging others because we have a very vexed judgment. gress. There seems to be some consider- yet to do enough at home is a logic Nevertheless, one can meet a stand- able misunderstanding about what it that borders on the absurd. To believe ard of cooperation that is not bringing says. The requirement is neither un- that claims of sovereignty by some success. In such a case, an over-reli- usual nor burdensome. The President country trumps external judgment on ance upon purely material standards of must inform Congress if during the pre- its behavior is to argue for a dangerous evaluation cannot be our only guide. vious year any given major drug pro- standard in international law. To argue How many extraditions, how many new ducing or transit country cooperated that we should bury our independent laws, how many arrests, how many fully with the United States or inter- judgment on this matter of national in- drugs seized are not our only measures national efforts to stop production or terest in some vague multilateralized for judgment. There are others. And in transit. These efforts can be part of a process is a confidence trick. the case of Mexico there is a major bilateral agreement with the United Try putting this argument into a dif- question that must be part of our States. They can be unilateral efforts. ferent context. Imagine for a moment thinking. Or they can be efforts undertaken in making these arguments with respect Unless the United States can and is cooperation with other countries, or in to terrorism. Think about the con- prepared unilaterally to stop drug pro- conformity with international law. sequences of ignoring violations of duction and trafficking in Mexico, then In making this determination, the human rights because a country claims we have two choices. To seek some President is asked to consider several it is unfair to meddle in internal mat- level of cooperation with legitimate things: the extent to which the country ters. authority in Mexico to give us some has met the goals and objectives of the When it comes to drugs, however, chance of addressing the problem. Or, 1988 U.N. Convention on illicit drugs; some seem prepared to carve out an ex- to decide no cooperation is possible and the extent to which similar efforts are ception. It offends Mexico, so let’s not to seal the border. The latter course, being made to combat money laun- hold them accountable. The adminis- would involve an immense undertaking dering and the flow of precursor chemi- tration will not be honest, so let’s stop and is uncertain of success. It would cals; and the efforts being made to making the judgment. also mean abandoning Mexico at a combat corruption. The administration, we are informed, time of crisis to the very criminal The purpose for these requirements is does not want to offend an important gangs that threaten both countries. In also quite simple. It is a recognition by ally. Really? Well, it seems the admin- my view, we cannot decertify Mexico Congress, in response to public de- istration likes to pick and choose. At until we can honestly and dispassion- mand, that the U.S. Government take the moment, the administration is con- ately answer this question: Is what we international illegal drug production sidering and threatening sanctions are getting in the way of cooperation and trafficking seriously. That it make against the whole European Union— from Mexico so unacceptable on this this concern a matter of national inter- that is some of our oldest allies. And single issue that our only option is to est. And that, in conjunction with our over what issue? Bananas. To my tear up our rich and varied bilateral re- efforts here and abroad, other coun- knowledge, not a single banana has lationship altogether? tries do their part in stopping produc- killed an American. However serious However frustrating our level of co- tion and transit. Imagine that. A re- the trade issue is that is involved, operation may be, I continue to think quirement that we and others should major international criminal gangs are that we have not reached the point of take illicit drug production and transit not targeting Americans with banana hopelessness. And there are encour- seriously. That we should do something peels. They are not smuggling tons of aging signs along with the disappoint- concrete about it. And that, from time bananas into this country illegally. ments. Having said this, I do not be- to time, we should get an accounting of They are not corrupting whole govern- lieve that we can or should forego judg- what was done and whether it was ef- ments. ment on the continuing nature of co- fective. So, what we are being asked to ac- operation. With Mexico or with any I do not read in this requirement the cept is that sanctions are an important country. To those who would change problem that many seem to see. This national interest when it comes to ba- the certification process I would say, requirement is in keeping with the re- nanas but not for drugs. That it is okay let’s give the process a chance not a ality of the threat that illegal drugs to judge allies on cooperation on trop- change. Let’s actually apply it. This pose to the domestic well-being of U.S. ical fruit but not on dangerous drugs. does not mean in some rote way. But citizens. Illegal drugs smuggled into This strikes me as odd. Do not get me wisely. With understanding. With due this country by criminal gangs resi- wrong. I am not against bananas. I be- regard to both the nuance of particular dent overseas kill more Americans an- lieve there are serious trade issues in- situations and a sense of responsibility.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2934 CONGRESSIONAL RECORD — SENATE March 18, 1999 REFERRAL OF S. 623 actions relating to their official responsibil- report also reviews the Corporation’s ities: Now, therefore, be it Open to the Public campaign, which al- Mr. STEVENS. Mr. President, I ask Resolved, That the Senate Legal Counsel is unanimous consent that S. 623 be dis- lows the public to submit comments directed to represent the Senate and all via mail, a 24-hour toll-free telephone charged from the Committee on Envi- Members of the Senate in the case of James ronment and Public Works and referred E. Pietrangelo, II v. United States Senate, et al. line, or the Corporation’s Internet website. to the Committee on Energy and Nat- f ural Resources. I am confident this year’s report will The PRESIDING OFFICER. Without MESSAGES FROM THE PRESIDENT meet with your approval and commend, objection, it is so ordered. Messages from the President of the as always, the Corporation’s efforts to deliver consistently high quality pro- f United States were communicated to the Senate by Mr. Williams, one of his gramming that brings together Amer- AUTHORIZATION OF SENATE secretaries. ican families and enriches all our lives. WILLIAM J. CLINTON. REPRESENTATION EXECUTIVE MESSAGES REFERRED THE WHITE HOUSE, March 18, 1999. Mr. STEVENS. Mr. President, I ask As in executive session the Presiding unanimous consent that the Senate Officer laid before the Senate messages f proceed to the immediate consider- from the President of the United MESSAGES FROM THE HOUSE ation of S. Res. 70, submitted earlier States submitting sundry nominations At 1:30 p.m., a message from the today by Senators LOTT and DASCHLE. which were referred to the appropriate The PRESIDING OFFICER. Without committees. House of Representatives, delivered by objection, it is so ordered. (The nominations received today are Mr. Hanrahan, one of its reading The clerk will report. printed at the end of the Senate pro- clerks, announced that the House has The legislative clerk read as follows: ceedings.) passed the following bills, in which it requests the concurrence of the Senate: A resolution (S. Res. 70) to authorize rep- f resentation of Senate and Members of the H.R. 820. An act to authorize appropria- Senate in the case of James E. Pietrangelo, REPORT OF THE NATIONAL EN- tions for fiscal years 2000 and 2001 for the II v. United States Senate, et al. DOWMENT FOR DEMOCRACY FOR Coast Guard, and for other purposes. FISCAL 1998—MESSAGE FROM H.R. 975. An act to provide for a reduction The PRESIDING OFFICER. Is there in the volume of steel imports, and to estab- objection to the immediate consider- THE PRESIDENT—PM 17 lish a steel import notification and moni- ation of the resolution? The PRESIDING OFFICER laid be- toring program. There being no objection, the Senate fore the Senate the following message The message also announced that proceeded to consider the resolution. from the President of the United pursuant to the provisions of public Mr. LOTT. Mr. President, this resolu- States, together with an accompanying law 96–388, as amended by Public Law tion concerns a civil action commenced report; which was referred to the Com- 97–84 (36- U.S.C. 1402(a)), the Speaker in the United States District Court for mittee on Foreign Relations. appoints the following Members of the the Northern District of Ohio against To the Congress of the United States: House to the United States Holocaust the United States Senate and all Mem- As required by the provisions of sec- Memorial Council: Mr. GILMAN of New bers of the Senate by a pro se plaintiff tion 504(h) of Public Law 98–164, as York, Mr. LATOURETTE of Ohio, and during the impeachment trial of Presi- amended (22 U.S.C. 4413(i)), I transmit Mr. CANNON of Utah. dent Clinton. The amended complaint herewith the 15th Annual Report of the improperly seeks judicial intervention f National Endowment for Democracy, directing Senators on how they should MEASURE REFERRED which covers fiscal year 1998. have voted on the question of whether WILLIAM J. CLINTON. The following bill was read the first to convict on the impeachment arti- THE WHITE HOUSE, March 18, 1999. and second times by unanimous con- cles. sent and referred as indicated: The action is subject to dismissal on f H.R. 820. An act to authorize appropria- numerous jurisdictional grounds, in- REPORT OF THE CORPORATION tions for fiscal years 2000 and 2001 for the cluding lack of constitutional stand- FOR PUBLIC BROADCASTING— Coast Guard, and for other purposes; to the ing, political question, sovereign im- MESSAGE FROM THE PRESI- Committee on Commerce, Science, and munity, and the Speech or Debate DENT—PM 18 Transportation. Clause. This resolution authorizes the f Senate Legal Counsel to represent the The PRESIDING OFFICER laid be- Senate and Senators in this suit to fore the Senate the following message REPORTS OF COMMITTEES from the President of the United move for its dismissal. The following reports of committees Mr. STEVENS. Mr. President, I ask States, together with an accompanying report; which was referred to the Com- were submitted: unanimous consent that the resolution By Mr. MURKOWSKI, from the Committee be agreed to, the preamble be agreed mittee on Commerce, Science, and Transportation. on Energy and Natural Resources, without to, and the motion to reconsider be laid amendment: upon the table. To the Congress of the United States: S. 334. A bill to amend the Federal Power The PRESIDING OFFICER. Without As required by section 19(3) of the Act to remove the jurisdiction of the Federal objection, it is so ordered. Public Telecommunications Act of 1992 Energy Regulatory Commission to license The resolution (S. Res. 70) was agreed (Public Law 102–356), I transmit here- projects on fresh waters in the State of Ha- waii (Rept. No. 106–26). to. with a report of the Corporation for The preamble was agreed to. Public Broadcasting. This report out- f The resolution, with its preamble, lines, first, the Corporation’s efforts to INTRODUCTION OF BILLS AND reads as follows: facilitate the continued development of JOINT RESOLUTIONS S. RES. 70 superior, diverse, and innovative pro- gramming and, second, the Corpora- The following bills and joint resolu- Whereas, in the case of James E. tions were introduced, read the first Pietrangelo, II v. United States Senate, et al., tion’s efforts to solicit the views of the Case No. 1:99–CV–323, pending in the United public on current programming initia- and second time by unanimous con- States District Court for the Northern Dis- tives. sent, and referred as indicated: trict of Ohio, the plaintiff has named the This report summarizes 1997 pro- By Mr. REED: United States Senate and all Members of the gramming decisions and outlines how S. 656. A bill to provide for the adjustment Senate as defendants; Corporation funds were distributed— of status of certain nationals of Liberia to Whereas, pursuant to sections 703(a) and that of lawful permanent residence; to the 704(a)(1) of the Ethics in Government Act of $47.9 million for television program de- Committee on the Judiciary. 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the velopment, $18.8 million for radio pro- By Mr. INHOFE: Senate may direct its counsel to defend the gramming development, and $15.6 mil- S. 657. A bill to amend the Internal Rev- Senate and Members of the Senate in civil lion for general system support. The enue Code of 1986 to expand the availability

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2935 of medical savings accounts, and for other the other Committee have thirty days to re- services. When account holders spend purposes; to the Committee on Finance. port or be discharged. all of the funds in their account and By Mr. GRAMM (for himself, Mrs. By Mr. LUGAR (for himself, Mr. reach their annual deductible, their HUTCHISON, Mr. DOMENICI, Mr. BINGA- GRAMM, Mr. MCCAIN, Mr. DEWINE, health insurance policy kicks in. If MAN, Mr. KYL, Mr. MCCAIN, Mrs. Mr. HAGEL, Mr. GRAMS, Mr. JEF- FEINSTEIN, Mrs. BOXER, and Mr. GOR- FORDS, Ms. LANDRIEU, and Mr. LIE- they don’t spend all the money in the TON): BERMAN): account, they get to keep what’s left, S. 658. A bill to authorize appropriations S. 666. A bill to authorize a new trade and plus interest for the following year. for the United States Customs Service for investment policy for sub-Saharan Africa; to The creation of Medical Savings Ac- fiscal years 2000 and 2001; to the Committee the Committee on Finance. counts was the result of a bipartisan on Finance. By Mr. MCCAIN: coalition that many in the Senate By Mr. MOYNIHAN (for himself, Mr. S. 667. A bill to improve and reform ele- worked long and hard to achieve. Med- ROBB, and Mr. KERREY): mentary and secondary education; to the S. 659. A bill to amend the Internal Rev- ical Savings Accounts are really based Committee on Finance. on a simple principle that should be at enue Code of 1986 to require pension plans to By Mr. COVERDELL: provide adequate notice to individuals whose S.J. Res. 15. A joint resolution proposing the heart of the health care reform, future benefit accruals are being signifi- an amendment to the Constitution of the that being, empowering people to take cantly reduced, and for other purposes; to United States to prohibit retroactive in- control of their own health care im- the Committee on Finance. creases in taxes; to the Committee on the proves the system for everyone. Ex- By Mr. BINGAMAN (for himself, Mr. Judiciary. panding MSAs is one small, but impor- CRAIG, Ms. MIKULSKI, Mr. THURMOND, f tant, step in that regard. Providing in- Mr. DASCHLE, Ms. COLLINS, Mr. JOHN- dividuals with an incentive to save SON, Ms. SNOWE, Mr. DORGAN, Mr. SUBMISSION OF CONCURRENT AND money on their health care costs en- MACK, Mr. HOLLINGS, Mr. REED, Mr. SENATE RESOLUTIONS CONRAD, and Mr. CRAPO): courages them to be better consumers. S. 660. A bill to amend title XVIII of the The following concurrent resolutions The result is much needed cost control Social Security Act to provide for coverage and Senate resolutions were read, and and consumer responsibility. under part B of the medicare program of referred (or acted upon), as indicated: Mr. President, I think as the Con- medical nutrition therapy services furnished By Mr. COVERDELL (for himself, Mr. gress begins to discuss health care re- by registered dietitians and nutrition profes- HAGEL, Mrs. HUTCHISON, Mr. KYL, Mr. form this year, we must move away sionals; to the Committee on Finance. INHOFE, and Mr. GRASSLEY): from the debate on the regulation and By Mr. ABRAHAM (for himself, Mr. S. Res. 69. A resolution to prohibit the con- HATCH, Mr. LOTT, Mr. SESSIONS, Mr. rationing of health care and focus our sideration of retroactive tax increases in the energies on providing health care to NICKLES, Mr. COVERDELL, Mr. CRAIG, Senate; to the Committee on Rules and Ad- Mr. KYL, Mr. ENZI, Mr. MCCAIN, Mr. ministration. the uninsured. Instead of concentrating HUTCHINSON, Mr. SANTORUM, Mr. By Mr. LOTT (for himself and Mr. our efforts on reforms that will likely BROWNBACK, Mr. INHOFE, Mr. SMITH of DASCHLE): result in less health care, we should be New Hampshire, Mr. HELMS, Mr. S. Res. 70. A resolution to authorize rep- trying to expand the opportunity for GRASSLEY, and Mr. DEWINE): resentation of Senate and Members of the S. 661. A bill to amend title 18, United health care. At the same time, we must Senate in the case of James E. Pietrangelo, States Code, to prohibit taking minors do so in a cost effective and market II v. United States Senate, et al; considered across State lines in circumvention of laws oriented way. MSAs meet that goal. and agreed to. requiring the involvement of parents in abor- According to the General Accounting tion decisions; to the Committee on the Ju- f Office, more than 37% of the people diciary. STATEMENTS ON INTRODUCED who have opted to buy an MSA under By Mr. CHAFEE (for himself, Ms. MI- BILLS AND JOINT RESOLUTIONS the 1996 law were previously uninsured. KULSKI, Mr. MOYNIHAN, Ms. SNOWE, That bears repeating; people who have Mr. SMITH of Oregon, Mr. HARKIN, Mr. By Mr. INHOFE: previously been uninsured, are now COCHRAN, Mr. DURBIN, Mrs. MURRAY, S. 657. A bill to amend the Internal buying health insurance. We need to Mr. LEAHY, Mr. ROCKEFELLER, Mr. Revenue Code of 1986 to expand the make it possible for more people to ob- LIEBERMAN, Mr. LAUTENBERG, Mrs. availability of medical savings ac- FEINSTEIN, Mr. BINGAMAN, Mr. SAR- tain health care insurance. Now, com- BANES, Mr. HOLLINGS, Mr. counts, and for other purposes; to the pare those 37% of previously uninsured WELLSTONE, Mr. CLELAND, Mr. KEN- Committee on Finance. who now have health insurance with NEDY, Mr. JOHNSON, Mr. ROBB, Mrs. MEDICAL SAVINGS ACCOUNT EXPANSION ACT OF the projected 400,000 people who would BOXER, Mr. REID, and Mr. KERREY): 1999 lose their current health insurance if S. 662. A bill to amend title XIX of the So- Mr. INHOFE. Mr. President, I am the Congress does something that cial Security Act to provide medical assist- pleased to rise today to introduce the ance for certain women screened and found would raise current health insurance to have breast or cervical cancer under a fed- Medical Savings Account Expansion premiums by just one percentage point erally funded screening program; to the Act of 1999. There has been much said and the argument becomes even Committee on Finance. recently regarding the need to reform stronger to expand the use of MSAs. By Mr. SPECTER: health care. I agree with many of my Mr. President, the legislation I am S. 663. A bill to impose certain limitations colleagues that health care is indeed in introducing today does just that, it on the receipt of out-of-State municipal need of serious reform. However, the makes Medical Savings Accounts more solid waste, to authorize State and local con- nature and the scope of reforms are trols over the flow of municipal solid waste, readily available to more people by and for other purposes; to the Committee on open to debate. eliminating many of the legislative Environment and Public Works. During the health care debate of 1996, and regulatory roadblocks to their con- By Mr. CHAFEE (for himself, Mr. GRA- the Congress focused its efforts on at- tinued success. The GAO report re- HAM, Mr. JEFFORDS, and Mr. BREAUX): tempting to provide the uninsured with ferred to earlier, points out that one of S. 664. A bill to amend the Internal Rev- insurance. Included in the legislation, the key reasons why MSAs have not enue Code of 1986 to provide a credit against Congress created a demonstration been as successful as originally income tax to individuals who rehabilitate project in order to test the effective- thought is the complexity of the law. historic homes or who are the first pur- ness of Medical Savings Accounts. Let me touch on a just few of the chasers of rehabilitated historic homes for use as a principal residence; to the Com- However, in establishing the dem- problems my legislation addresses. mittee on Finance. onstration project, the Congress cre- First is the scope of the demonstration By Mr. COVERDELL (for himself, Mr. ated numerous legislative roadblocks project. Mr. President, I believe we HAGEL, Mrs. HUTCHISON, Mr. KYL, Mr. to the success of Medical Savings Ac- should drop the 750,000 cap and extend INHOFE, and Mr. GRASSLEY): counts. the life of the project indefinitely. The S. 665. A bill to amend the Congressional As we are all aware, Medical Savings 750,000 cap is merely an arbitrary num- Budget and Impoundment Control Act of 1974 Accounts combine a high deductible in- ber negotiated by the Congress. By lift- to prohibit the consideration of retroactive tax increases; to the Committee on the surance policy and tax exempt ac- ing the cap and making MSAs perma- Budget and the Committee on Governmental counts for the purpose of providing nent, we will be allowing the market to Affairs, jointly, pursuant to the order of Au- health care. MSA holders use these ac- decide whether MSAs are a viable al- gust 4, 1977, that if one Committee reports, counts to purchase routine health care ternative in health insurance. The cap

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2936 CONGRESSIONAL RECORD — SENATE March 18, 1999 and the limited time constraint create SECTION 1. SHORT TITLE. MCCAIN, Mrs. FEINSTEIN, Mrs. a disincentive for insurance companies This Act may be cited as the ‘‘Medical Sav- BOXER, and Mr. GORTON): to provide MSAs as an option. The ings Account Expansion Act of 1999’’. S. 658. A bill to authorize appropria- GAO study I cited earlier supports this SEC. 2. REPEAL OF RESTRICTIONS ON TAX- tions for the United States Customs PAYERS HAVING MEDICAL SAVINGS conclusion. The majority of companies ACCOUNTS. Service for fiscal years 2000 and 2001; to who offered MSA plans did so in order (a) REPEAL OF NUMERICAL LIMITATIONS AND the Committee on Finance. to preserve a share of the market. The TERMINATION.— PROTECTION OF U.S. BORDERS result, few, if any, are aggressively (1) IN GENERAL.—Section 220 of the Internal Mr. GRAMM. Mr. President, on be- marketing MSAs. If Congress is serious Revenue Code of 1986 (relating to medical half of Senators HUTCHISON, BINGAMAN, about testing the effectiveness of MSAs savings accounts) is amended by striking DOMENICI, KYL, MCCAIN, BOXER, FEIN- in the marketplace, we must free them subsections (i) and (j). (2) MEDICARE+CHOICE.—Section 138 of such STEIN, and GORTON, I am introducing from unnecessary and arbitrarily im- Code (relating to Medicare+Choice MSA) is legislation today which will authorize posed restraints. amended by striking subsection (f). the United States Customs Service to Second, under current law, either an (3) CONFORMING AMENDMENT.—Section acquire the necessary personnel and employer or an employee can con- 220(c)(1) of such Code is amended by striking technology to reduce delays at our bor- tribute directly to an MSA, but not subparagraph (D). der crossings with Mexico and Canada (b) REPEAL OF RESTRICTIONS ON INDIVID- both. The legislation I am introducing to no more than 20 minutes, while would allow both employers and em- UALS WHO HAVE MEDICAL SAVINGS AC- COUNTS.— strengthening our commitment to ployees to contribute to a Medical Sav- interdict illegal narcotics and other ings Account. This just makes sense. (1) IN GENERAL.—Section 220(c)(1)(A) of the Internal Revenue Code of 1986 (relating to el- contraband. By limiting who can contribute to an igible individual) is amended by inserting This bill represents the progress that individual MSA, the government has ‘‘and’’ at the end of clause (i), by striking ‘‘, we made in this regard in the last Con- predetermined the limits of contribu- and’’ at the end of clause (ii)(II) and insert- gress, and it builds on efforts that we tions. I think many employers would ing a period, and by striking clause (iii). initiated last year. This legislation prefer to contribute to an individual’s (2) CONFORMING AMENDMENTS.— passed the Senate unanimously on Oc- health care account, rather than con- (A) Section 220(b) of such Code is amended tober 8, 1998, and a similar companion tinue the costly, third-party payer sys- by striking paragraph (4) and by redesig- bill passed the House of Representa- tem. By allowing both employers and nating paragraphs (5), (6), and (7) as para- graphs (4), (5), and (6), respectively. tives on May 19, 1998 by a vote of 320– employees to contribute to MSAs, we (B) Section 220(c)(1) of such Code, as 86. In addition to the resources dedi- will be giving more flexibility to Med- amended by subsection (a)(3), is amended by cated to our nation’s land borders, this ical Savings Accounts. That flexibility striking subparagraph (C). bill also incorporates the efforts of will allow more people to obtain MSAs (C) Section 220(c) of such Code is amended Senators GRASSLEY and GRAHAM in and undoubtedly contribute to their by striking paragraph (4) and by redesig- adding resources for interdiction ef- success. nating paragraph (5) as paragraph (4). One of the arguments frequently (c) REPEAL OF RESTRICTION ON JOINT EM- forts in the air and along our coastline, made against MSAs is that they are for PLOYER-EMPLOYEE CONTRIBUTIONS.—Section provisions that were passed by the Sen- 220(b) of the Internal Revenue Code of 1986 the rich. Certainly that is an under- ate in last year’s bill. (relating to limitations) is amended by strik- I am very concerned about the im- standable conclusion, given the fact ing paragraph (4), as redesignated by sub- that we limit who can contribute to pact of narcotics trafficking on Texas section (b)(2)(A), and by redesignating para- and the nation and have worked closely MSAs. By lifting the contribution re- graphs (5) and (6) (as so redesignated) as strictions, individuals of all income paragraphs (4) and (5), respectively. with federal and state law enforcement levels will find MSAs a viable health (d) 100 PERCENT FUNDING OF ACCOUNT AL- officials to identify and secure the nec- care alternative. LOWED.— essary resources to battle the on- As I travel throughout Oklahoma, a (1) IN GENERAL.—Section 220(b)(2) of the In- slaught of illegal drugs. At the same ternal Revenue Code of 1986 (relating to time, however, our current enforce- common complaint is the access to monthly limitation) is amended to read as quality health care and the rising cost ment strategy is burdened by insuffi- follows: cient staffing, a gross underuse of vital of health care. In my state, managed ‘‘(2) MONTHLY LIMITATION.—The monthly care is not always an option for many limitation for any month is the amount interdiction technology, and is effec- tively closing the door to legitimate people in rural areas. However, Medical equal to 1⁄12 of the annual deductible of the Savings Accounts are an option for high deductible health plan of the individual trade. many families because MSAs give them as of the first of such month.’’. At a time when NAFTA and the ex- the choice to pursue individualized (2) CONFORMING AMENDMENT.—Section panding world marketplace are making 220(d)(1)(A) of such Code is amended by strik- it possible for us to create more com- health care that fits their needs. These ing ‘‘75 percent of’’. are the sorts of solutions that our con- merce, freedom and opportunity for (e) EFFECTIVE DATES.— people on both sides of the border, it is stituents have sent us to Washington (1) IN GENERAL.—Except as provided in to find. They are not interested in paragraph (2), the amendments made by this important that we eliminate the border more government. In fact, many want section shall apply to months beginning crossing delays that are stifling these less. Yet, all we offer them is differing after the date of enactment of this Act. goals. In order for all Americans to degrees of government intrusion in (2) COMPENSATION LIMIT REPEAL.—The fully enjoy the benefits of growing their lives. amendments made by subsection (b)(2)(A) trade with Mexico and Canada, we Mr. President, the debate in the 105th shall apply to taxable years beginning after must ensure that the Customs Service December 31, 1999. Congress clearly demonstrated we are has the resources necessary to accom- SEC. 3. REDUCTION IN HIGH DEDUCTIBLE PLAN plish its mission. Customs inspections all concerned about access to health MINIMUM ANNUAL DEDUCTIBLE should not be obstacles to legitimate care, doctor choice, cost, and security. (a) IN GENERAL.—Section 220(c)(2)(A) of the As the debate moves forward in the Internal Revenue Code of 1986 (relating to trade and commerce. Customs staffing 106th Congress, I want to urge my col- high deductible health plan) is amended— needs to be increased significantly to leagues to consider alternatives to fur- (1) by striking ‘‘$1,500’’ in clause (i) (relat- facilitate the flow of substantially in- ther big-government and to be bold ing to self-only coverage) and inserting creased traffic on both the South- enough to pursue them. ‘‘$1,000’’, and western and Northern borders, and Mr. President, I ask that the full text (2) by striking ‘‘$3,000’’ in clause (ii) (relat- these additional personnel need the ing to family coverage) and inserting of the bill be printed in the RECORD. modern technology that will allow ‘‘$2,000’’. them to inspect more cargo, more effi- There being no objection, the bill was (b) EFFECTIVE DATE.—The amendments ordered to be printed in the RECORD, as made by this section shall take effect on ciently. The practical effect of these follows: January 1, 2000. increases will be to open all the exist- S. 657 ing primary inspection lanes where Be it enacted by the Senate and House of Rep- By Mr. GRAMM (for himself, Mrs. congestion is a problem during peak resentatives of the United States of America in HUTCHISON, Mr. DOMENICI, Mr. hours and to enhance investigative ca- Congress assembled, BINGAMAN, Mr. KYL, Mr. pabilities on the Southwest border.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2937 Long traffic lines at our inter- the United States-Canada border, and Flor- terminals to be moved among ports as need- national crossings are counter- ida and the Gulf Coast seaports, as follows: ed. productive to improving our trade rela- (1) UNITED STATES-MEXICO BORDER.—For the (G) $400,000 for 10 narcotics vapor and par- tionship with Mexico and Canada. This United States-Mexico border, the following: ticle detectors to be distributed to each bor- bill is designed to shorten those lines (A) $6,000,000 for 8 Vehicle and Container der crossing based on traffic volume. Inspection Systems (VACIS). and promote legitimate commerce, (H) $600,000 for 30 fiber optic scopes. (B) $11,000,000 for 5 mobile truck x-rays (I) $250,000 for 50 portable contraband de- while providing the Customs Service with transmission and backscatter imaging. tectors (busters) to be distributed among with the means necessary to tackle the (C) $12,000,000 for the upgrade of 8 fixed-site ports where the current allocations are inad- drug trafficking operations that are truck x-rays from the present energy level of equate; now rampant along the 1,200-mile bor- 450,000 electron volts to 1,000,000 electron (J) $3,000,000 for 10 x-ray vans with particle der that my State shares with Mexico. volts (1–MeV). detectors. I will be speaking further to my col- (D) $7,200,000 for 8 1–MeV pallet x-rays. (K) $40,000 for 8 AM loop radio systems. leagues about this initiative and urge (E) $1,000,000 for 200 portable contraband (L) $400,000 for 100 vehicle counters. detectors (busters) to be distributed among their support for the bill. (M) $1,200,000 for 12 examination tool ports where the current allocations are inad- trucks. Mr. President, I ask unanimous con- equate. (N) $2,400,000 for 3 dedicated commuter sent that the text of the bill be printed (F) $600,000 for 50 contraband detection kits in the RECORD. to be distributed among all southwest border lanes. There being no objection, the bill was ports based on traffic volume. (O) $1,050,000 for 3 automated targeting sys- ordered to be printed in the RECORD, as (G) $500,000 for 25 ultrasonic container in- tems. follows: spection units to be distributed among all (P) $572,000 for 26 weigh-in-motion sensors. (Q) $480,000 for 20 portable Treasury En- S. 658 ports receiving liquid-filled cargo and to ports with a hazardous material inspection forcement Communication Systems (TECS). Be it enacted by the Senate and House of facility. (3) FLORIDA AND GULF COAST SEAPORTS.— Representatives of the United States of America (H) $2,450,000 for 7 automated targeting sys- For Florida and the Gulf Coast seaports, the in Congress assembled, tems. following: SECTION 1. SHORT TITLE. (I) $360,000 for 30 rapid tire deflator sys- (A) $4,500,000 for 6 Vehicle and Container This Act may be cited as the ‘‘Drug Free tems to be distributed to those ports where Inspection Systems (VACIS). Borders Act of 1999’’. port runners are a threat. (B) $11,800,000 for 5 mobile truck x-rays TITLE I—AUTHORIZATION OF APPROPRIA- (J) $480,000 for 20 portable Treasury En- with transmission and backscatter imaging. TIONS FOR UNITED STATES CUSTOMS forcement Communications Systems (TECS) (C) $7,200,000 for 8 1–MeV pallet x-rays. SERVICE FOR ENHANCED INSPECTION, terminals to be moved among ports as need- (D) $250,000 for 50 portable contraband de- TRADE FACILITATION, AND DRUG ed. tectors (busters) to be distributed among INTERDICTION (K) $1,000,000 for 20 remote watch surveil- ports where the current allocations are inad- lance camera systems at ports where there SEC. 101. AUTHORIZATION OF APPROPRIATIONS. equate. are suspicious activities at loading docks, (a) DRUG ENFORCEMENT AND OTHER NON- (E) $300,000 for 25 contraband detection kits vehicle queues, secondary inspection lanes, COMMERCIAL OPERATIONS.—Subparagraphs to be distributed among ports based on traf- or areas where visual surveillance or obser- (A) and (B) of section 301(b)(1) of the Customs vation is obscured. fic volume. Procedural Reform and Simplification Act of (L) $1,254,000 for 57 weigh-in-motion sensors (b) FISCAL YEAR 2001.—Of the amounts 1978 (19 U.S.C. 2075(b)(1)(A) and (B)) are to be distributed among the ports with the amended to read as follows: made available for fiscal year 2001 under sec- greatest volume of outbound traffic. ‘‘(A) $997,300,584 for fiscal year 2000. tion 301(b)(1)(B) of the Customs Procedural (M) $180,000 for 36 AM traffic information ‘‘(B) $1,100,818,328 for fiscal year 2001.’’. Reform and Simplification Act of 1978 (19 radio stations, with 1 station to be located at (b) COMMERCIAL OPERATIONS.—Clauses (i) U.S.C. 2075(b)(1)(B)), as amended by section each border crossing. and (ii) of section 301(b)(2)(A) of such Act (19 101(a) of this Act, $9,923,500 shall be for the (N) $1,040,000 for 260 inbound vehicle U.S.C. 2075(b)(2)(A)(i) and (ii)) are amended maintenance and support of the equipment to read as follows: counters to be installed at every inbound ve- hicle lane. and training of personnel to maintain and ‘‘(i) $990,030,000 for fiscal year 2000. support the equipment described in sub- ‘‘(ii) $1,009,312,000 for fiscal year 2001.’’. (O) $950,000 for 38 spotter camera systems to counter the surveillance of customs in- section (a). (c) AIR AND MARINE INTERDICTION.—Sub- paragraphs (A) and (B) of section 301(b)(3) of spection activities by persons outside the (c) ACQUISITION OF TECHNOLOGICALLY SUPE- boundaries of ports where such surveillance such Act (19 U.S.C. 2075(b)(3)(A) and (B)) are RIOR EQUIPMENT; TRANSFER OF FUNDS.— activities are occurring. amended to read as follows: (1) IN GENERAL.—The Commissioner of Cus- (P) $390,000 for 60 inbound commercial ‘‘(A) $229,001,000 for fiscal year 2000. toms may use amounts made available for truck transponders to be distributed to all ‘‘(B) $176,967,000 for fiscal year 2001.’’. fiscal year 2000 under section 301(b)(1)(A) of ports of entry. (d) SUBMISSION OF OUT-YEAR BUDGET PRO- (Q) $1,600,000 for 40 narcotics vapor and par- the Customs Procedural Reform and Sim- JECTIONS.—Section 301(a) of such Act (19 ticle detectors to be distributed to each bor- plification Act of 1978 (19 U.S.C. U.S.C. 2075(a)) is amended by adding at the 2075(b)(1)(A)), as amended by section 101(a) of end the following: der crossing. (R) $400,000 for license plate reader auto- this Act, for the acquisition of equipment ‘‘(3) By no later than the date on which the other than the equipment described in sub- President submits to the Congress the budg- matic targeting software to be installed at section (a) if such other equipment— et of the United States Government for a fis- each port to target inbound vehicles. (A)(i) is technologically superior to the cal year, the Commissioner of Customs shall (S) $1,000,000 for a demonstration site for a equipment described in subsection (a); and submit to the Committee on Ways and high-energy relocatable rail car inspection Means of the House of Representatives and system with an x-ray source switchable from (ii) will achieve at least the same results the Committee on Finance of the Senate the 2,000,000 electron volts (2–MeV) to 6,000,000 at a cost that is the same or less than the projected amount of funds for the succeeding electron volts (6–MeV) at a shared Depart- equipment described in subsection (a); or fiscal year that will be necessary for the op- ment of Defense testing facility for a two- (B) can be obtained at a lower cost than erations of the Customs Service as provided month testing period. the equipment described in subsection (a). for in subsection (b).’’. (2) UNITED STATES-CANADA BORDER.—For (2) TRANSFER OF FUNDS.—Notwithstanding the United States-Canada border, the fol- any other provision of this section, the Com- SEC. 102. CARGO INSPECTION AND NARCOTICS lowing: DETECTION EQUIPMENT FOR THE missioner of Customs may reallocate an UNITED STATES-MEXICO BORDER, (A) $3,000,000 for 4 Vehicle and Container amount not to exceed 10 percent of— Inspection Systems (VACIS). UNITED STATES-CANADA BORDER, (A) the amount specified in any of subpara- (B) $8,800,000 for 4 mobile truck x-rays with AND FLORIDA AND GULF COAST graphs (A) through (R) of subsection (a)(1) SEAPORTS. transmission and backscatter imaging. for equipment specified in any other of such (a) FISCAL YEAR 2000.—Of the amounts (C) $3,600,000 for 4 1–MeV pallet x-rays. made available for fiscal year 2000 under sec- (D) $250,000 for 50 portable contraband de- subparagraphs (A) through (R); tion 301(b)(1)(A) of the Customs Procedural tectors (busters) to be distributed among (B) the amount specified in any of subpara- Reform and Simplification Act of 1978 (19 ports where the current allocations are inad- graphs (A) through (Q) of subsection (a)(2) U.S.C. 2075(b)(1)(A)), as amended by section equate. for equipment specified in any other of such 101(a) of this Act, $100,036,000 shall be avail- (E) $300,000 for 25 contraband detection kits subparagraphs (A) through (Q); and able until expended for acquisition and other to be distributed among ports based on traf- (C) the amount specified in any of subpara- expenses associated with implementation fic volume. graphs (A) through (E) of subsection (a)(3) and deployment of narcotics detection equip- (F) $240,000 for 10 portable Treasury En- for equipment specified in any other of such ment along the United States-Mexico border, forcement Communications Systems (TECS) subparagraphs (A) through (E).

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2938 CONGRESSIONAL RECORD — SENATE March 18, 1999 SEC. 103. PEAK HOURS AND INVESTIGATIVE RE- (1) $36,500,000 for Customs Service aircraft (B) The reasons for selecting the objectives SOURCE ENHANCEMENT FOR THE restoration and replacement. contained in the most recent plan submitted UNITED STATES-MEXICO AND (2) $15,000,000 for increased air interdiction by the Customs Service pursuant to section UNITED STATES-CANADA BORDERS, 1115 of title 31, United States Code. FLORIDA AND GULF COAST SEA- and investigative support activities. PORTS, AND THE BAHAMAS. (3) $24,024,000 for marine vessel replace- (C) The performance standards against Of the amounts made available for fiscal ment and related equipment. which the appropriate committees can assess years 2000 and 2001 under subparagraphs (A) SEC. 105. COMPLIANCE WITH PERFORMANCE the efforts of the Customs Service in reach- and (B) of section 301(b)(1) of the Customs PLAN REQUIREMENTS. ing the goals outlined in the plan described Procedural Reform and Simplification Act of As part of the annual performance plan for in subparagraph (B). 1978 (19 U.S.C. 2075(b)(1)(A) and (B)), as each of the fiscal years 2000 and 2001 covering (2) IMPLEMENTATION OF THE CUSTOMS MOD- amended by section 101(a) of this Act, each program activity set forth in the budg- ERNIZATION ACT.— $159,557,000, including $5,673,600, until ex- et of the United States Customs Service, as (A) A review of the Customs Service’s im- pended, for investigative equipment, for fis- required under section 1115 of title 31, United plementation of title VI of the North Amer- cal year 2000 and $220,351,000 for fiscal year States Code, the Commissioner of Customs ican Free Trade Agreement Implementation 2001 shall be available for the following: shall establish performance goals and per- Act, commonly known as the ‘‘Customs Mod- (1) A net increase of 535 inspectors, 120 spe- formance indicators, and comply with all ernization Act’’, and the reasons why ele- cial agents, and 10 intelligence analysts for other requirements contained in paragraphs ments of that Act, if any, have not been im- the United States-Mexico border and 375 in- (1) through (6) of subsection (a) of such sec- plemented. spectors for the United States-Canada bor- tion with respect to each of the activities to (B) A review of the effectiveness of the in- der, in order to open all primary lanes on be carried out pursuant to sections 102 and formed compliance strategy in obtaining such borders during peak hours and enhance 103 of this Act. higher levels of compliance, particularly investigative resources. SEC. 106. COMMISSIONER OF CUSTOMS SALARY. compliance by those industries that have (2) A net increase of 285 inspectors and ca- (a) IN GENERAL.— been the focus of the most intense efforts by nine enforcement officers to be distributed (1) Section 5315 of title 5, United States the Customs Service to ensure compliance at large cargo facilities as needed to process Code, is amended by striking the following with the Customs Modernization Act. and screen cargo (including rail cargo) and item: (C) A summary of the results of the re- reduce commercial waiting times on the ‘‘Commissioner of Customs, Department of views of the initial industry-wide compliance United States-Mexico border and a net in- Treasury.’’. assessments conducted by the Customs Serv- crease of 125 inspectors to be distributed at (2) Section 5314 of title 5, United States ice as part of the agency’s informed compli- large cargo facilities as needed to process Code, is amended by inserting the following ance initiative. and screen cargo (including rail cargo) and item: (3) IMPROVEMENT OF COMMERCIAL OPER- reduce commercial waiting times on the ‘‘Commissioner of Customs, Department of ATIONS.— United States-Canada border. Treasury.’’. (A) Identification of standards to be used (3) A net increase of 40 inspectors at sea (b) EFFECTIVE DATE.—The amendments in assessing the performance and efficiency ports in southeast Florida to process and made by this section shall apply to fiscal of the commercial operations of the Customs screen cargo. year 1999 and thereafter. Service, including entry and inspection pro- cedures, classification, valuation, country- (4) A net increase of 70 special agent posi- SEC. 107. PASSENGER PRECLEARANCE SERVICES. of-origin determinations, and duty drawback tions, 23 intelligence analyst positions, 9 (a) CONTINUATION OF PRECLEARANCE SERV- determinations. support staff, and the necessary equipment ICES.—Notwithstanding section 13031(f) of the (B) Proposals for— to enhance investigation efforts targeted at Consolidated Omnibus Budget Reconciliation (i) improving the performance of the com- internal conspiracies at the Nation’s sea- Act of 1985 (19 U.S.C. 58c(f)) or any other pro- mercial operations of the Customs Service, ports. vision of law, the Customs Service shall, particularly the functions described in sub- (5) A net increase of 360 special agents, 30 without regard to whether a passenger proc- paragraph (A), and intelligence analysts, and additional re- essing fee is collected from a person depart- sources to be distributed among offices that (ii) eliminating lengthy delays in obtain- ing for the United States from Canada and ing rulings and other forms of guidance on have jurisdiction over major metropolitan without regard to whether funds are appro- drug or narcotics distribution and transpor- United States customs law, regulations, pro- priated pursuant to subsection (b), provide cedures, or policies. tation centers for intensification of efforts the same level of enhanced preclearance cus- against drug smuggling and money-laun- (C) Alternative strategies for ensuring that toms services for passengers arriving in the United States importers, exporters, customs dering organizations. United States aboard commercial aircraft (6) A net increase of 2 special agent posi- brokers, and other members of the trade originating in Canada as the Customs Serv- community have the information necessary tions to re-establish a Customs Attache of- ice provided for such passengers during fiscal fice in Nassau. to comply with the customs laws of the year 1997. United States and to conduct their business (7) A net increase of 62 special agent posi- (b) AUTHORIZATION OF APPROPRIATIONS FOR operations accordingly. tions and 8 intelligence analyst positions for PRECLEARANCE SERVICES.—Notwithstanding (4) REVIEW OF ENFORCEMENT RESPONSIBIL- maritime smuggling investigations and section 13031(f) of the Consolidated Omnibus ITIES.— interdiction operations. Budget Reconciliation Act of 1985 (19 U.S.C. (A) A review of the enforcement respon- (8) A net increase of 50 positions and addi- 58c(f)) or any other provision of law, there sibilities of the Customs Service. tional resources to the Office of Internal Af- are authorized to be appropriated, from the (B) An assessment of the degree to which fairs to enhance investigative resources for date of enactment of this Act through Sep- the current functions of the Customs Service anticorruption efforts. tember 30, 2001, such sums as may be nec- overlap with the functions of other agencies (9) The costs incurred as a result of the in- essary for the Customs Service to ensure and an identification of ways in which the crease in personnel hired pursuant to this that it will continue to provide the same, Customs Service can avoid duplication of ef- section. and where necessary increased, levels of en- fort. SEC. 104. AIR AND MARINE OPERATION AND hanced preclearance customs services as the (C) A description of the methods used to MAINTENANCE FUNDING. Customs Service provided during fiscal year ensure against misuse of personal search au- (a) FISCAL YEAR 2000.—Of the amounts 1997, in connection with the arrival in the thority with respect to persons entering the made available for fiscal year 2000 under sub- United States of passengers aboard commer- paragraphs (A) and (B) of section 301(b)(3) of United States at authorized ports of entry. cial aircraft whose flights originated in Can- (5) STRATEGY FOR COMPREHENSIVE DRUG the Customs Procedural Reform and Sim- ada. plification Act of 1978 (19 U.S.C. 2075(b)(3) (A) INTERDICTION.— and (B)) as amended by section 101(c) of this TITLE II—CUSTOMS PERFORMANCE (A) A comprehensive strategy for the Cus- Act, $130,513,000 shall be available until ex- REPORT toms Service’s role in United States drug pended for the following: SEC. 201. CUSTOMS PERFORMANCE REPORT. interdiction efforts. (1) $96,500,000 for Customs aircraft restora- (a) IN GENERAL.—Not later than 120 days (B) Identification of the respective roles of tion and replacement initiative. after the date of enactment of this Act, the cooperating agencies, such as the Drug En- (2) $15,000,000 for increased air interdiction Commissioner of Customs shall prepare and forcement Administration, the Federal Bu- and investigative support activities. submit to the appropriate committees the reau of Investigation, the Coast Guard, and (3) $19,013,000 for marine vessel replace- report described in subsection (b). the intelligence community, including— ment and related equipment. (b) REPORT DESCRIBED.—The report de- (i) identification of the functions that can (b) FISCAL YEAR 2001.—Of the amounts scribed in this subsection shall include the best be performed by the Customs Service made available for fiscal year 2001 under sub- following: and the functions that can best be performed paragraphs (A) and (B) of section 301(b)(3) of (1) IDENTIFICATION OF OBJECTIVES; ESTAB- by agencies other than the Customs Service; the Customs Procedural Reform and Sim- LISHMENT OF PRIORITIES.— and plification Act of 1978 (19 U.S.C. 2075(b)(3) (A) (A) An outline of the means the Customs (ii) a description of how the Customs Serv- and (B)) as amended by section 101(c) of this Service intends to use to identify enforce- ice plans to allocate the additional drug Act, $75,524,000 shall be available until ex- ment priorities and trade facilitation objec- interdiction resources authorized by the pended for the following: tives. Drug Free Borders Act of 1999.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2939 (6) ENHANCEMENT OF COOPERATION WITH THE Customs Service with respect to both en- sequences. There should be no surprises TRADE COMMUNITY.— forcement and commercial operations. when it is time to retire. Unfortu- (A) Identification of ways to expand co- (c) APPROPRIATE COMMITTEES.—For pur- nately, current law requires little in poses of this section, the term ‘‘appropriate operation with United States importers and the way of disclosure when a company customs brokers, United States and foreign committees’’ means the Committee on Fi- carriers, and other members of the inter- nance of the Senate and the Committee on changes its pension plan. Section 204(h) national trade and transportation commu- Ways and Means of the House of Representa- of the Employee Retirement Income nities to improve the detection of contra- tives. Security Act (ERISA) requires employ- band before it leaves a foreign port destined ers to inform employees of a change to for the United States. By Mr. MOYNIHAN (for himself, a pension plan resulting in a reduction (B) Identification of ways to enhance the Mr. ROBB and Mr. KERREY): in future benefit accruals. But that is flow of information between the Customs S. 659. A bill to amend the Internal all. It does not require specifics. The Service and industry in order to— Revenue Code of 1986 to require pension 204(h) disclosure can be, and often is, (i) achieve greater awareness of potential plans to provide adequate notice to in- satisfied with a brief statement buried compliance threats; dividuals whose future benefit accruals (ii) improve the design and efficiency of deep in a company communication to are being significantly reduced, and for employees. It is imperative that we in- the commercial operations of the Customs other purposes; to the Committee on Service; crease these disclosure requirements (iii) foster account-based management; Finance. regarding reductions in pension bene- (iv) eliminate unnecessary and burdensome THE PENSION RIGHT TO KNOW ACT OF 1999 fits. regulations; and Mr. MOYNIHAN. Mr. President, I rise The bill I am introducing today (v) establish standards for industry compli- today to introduce legislation to pro- would require employers with 1,000 or ance with customs laws. vide greater disclosure to employees more employees to provide a ‘‘state- (7) ALLOCATION OF RESOURCES.— about the impact on their retirement ment of benefit change’’ when adopting (A) An outline of the basis for the current benefits of pension plan conversions. plan amendments which significantly allocation of inspection and investigative Recent media accounts have reported personnel by the Customs Service. reduce benefits. The statement of ben- (B) Identification of the steps to be taken that many large companies in America efit change would provide a compari- to ensure that the Customs Service can de- are converting their traditional defined son, under the old and new versions of tect any misallocation of the resources de- benefit pension plans to something the plan, of the following benefit meas- scribed in subparagraph (A) among various called ‘‘cash balance plans.’’ A cash ures; the employee’s accrued benefit ports and a description of what means the balance plan is a hybrid arrangement and present value of accrued benefit at Customs Service has for reallocating re- combining certain features of ‘‘defined the time of conversion; and the pro- sources within the agency to meet particular contribution’’ and ‘‘defined benefit’’ jected accrued benefit and projected enforcement demands or commercial oper- plans. Like defined contribution plans, ations needs. present value of accrued benefit three they provide each employee with an ac- (8) AUTOMATION AND INFORMATION TECH- years, five years, and ten years after NOLOGY.— count in which his or her benefits ac- conversion and at normal retirement (A) Identification of the automation needs crue. But cash balance plans are actu- age. of the Customs Service and an explanation of ally defined benefit plans, and there- These benefit measures are standard the current state of the Automated Commer- fore provide a benefit for life which is concepts which will be well understood cial System and the status of implementing insured by the Pension Benefit Guar- by pension administrators, actuaries a replacement for that system. anty Corporation. and others who work with pensions. (B) A comprehensive strategy for reaching Cash balance plans, however, differ They will give the employee a clear the technology goals of the Customs Service, from other defined benefit plans in the including— picture of the difference between the (i) an explanation of the proposed architec- calculation of benefits. Whereas the old and new plans immediately, peri- ture of any replacement for the Automated value of an employee’s retirement ben- odically over a ten-year period, and at Commercial System and how the architec- efit in a traditional defined benefit retirement. The purpose of the three, ture of the proposed replacement system plan grows slowly in the early years five and ten-year comparisons is to dis- best serves the core functions of the Customs and more rapidly as one approaches re- close any ‘‘wear away’’ period, in which Service; tirement, cash balance plans decrease an employee would work without gain- (ii) identification of public and private sec- this later-year growth and increase the ing any new benefits. Using these com- tor automation projects that are comparable early-year growth. Consequently, and that can be used as a benchmark against parisons, employees can get a clear pic- which to judge the progress of the Customs younger employees tend to do better ture of the relative merits of the two Service in meeting its technology goals; under cash balance plans than under plans. (iii) an estimate of the total cost for each traditional plans, while older employ- In preparing this bill, my staff has automation project currently underway at ees typically do worse. In some cases, consulted a number of actuaries and the Customs Service and a timetable for the upon conversion to a cash balance ac- pension attorneys. I believe it is a good implementation of each project; and count an older worker’s account bal- approach to resolving the problems I (iv) a summary of the options for financing ance may remain static for years— have discussed, and I am happy to work each automation project. typically referred to as the ‘‘wear with others to incorporate suggestions (9) PERSONNEL POLICIES.— (A) An overview of current personnel prac- away’’ period. to further improve the bill. tices, including a description of— It appears that very few workers who Of course, many call this measure as (i) performance standards; have experienced the conversion of intrusive or unnecessary. Some em- (ii) the criteria for promotion and termi- their company retirement plan to a ployer groups have criticized the idea nation; cash balance arrangement understand of requiring individualized benefits cal- (iii) the process for investigating com- the differences between the old and culations for every employee, saying plaints of bias and sexual harassment; new plans. Those who do often com- that this requires reviewing each em- (iv) the criteria used for conducting inter- plain that the new plans treat older ployee’s salary history. But that seems nal investigations; (v) the protection, if any, that is provided workers unfairly. One 49-year-old engi- a strange complaint given that we are for whistleblowers; and neer profiled by the Wall Street Jour- talking about cash balance plans, (vi) the methods used to discover and nal—a rare employee who knows how which already require highly individ- eliminate corruption within the Customs to calculate pension benefits—deter- ualized calculations. If an employer Service. mined that his pension value dropped can provide personalized account bal- (B) Identification of workforce needs for by $56,000 the day his company con- ances under a cash balance arrange- the future and training needed to ensure verted to a cash balance plan. ment, then the employer can provide Customs Service personnel stay abreast of Even more disturbing are complaints such information for the old plan. developments in international business oper- from some employees that their em- Moreover, recently completed regula- ations and international trade that affect the operations of the Customs Service, in- ployers obscured the adverse effects of tions appear already to contemplate in- cluding identification of any situations in plan amendments. When an employer dividualized comparisons. Regulation which current personnel policies or practices changes the pension plan, the employ- 1.411(d)–6, just finalized by the Internal may impede achievement of the goals of the ees have a right to know the con- Revenue Service, requires that in order

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2940 CONGRESSIONAL RECORD — SENATE March 18, 1999 to determine if a reduction in future stock bonus plans) is amended by inserting ‘‘(E) ACCRUED BENEFIT; PROJECTED RETIRE- benefit accrual is ‘‘significant,’’ em- after paragraph (34) the following new para- MENT BENEFIT.—For purposes of this para- ployers must compare the annual ben- graph: graph— ‘‘(35) NOTICE REQUIREMENTS FOR LARGE DE- efit at retirement age under the ‘‘(i) PRESENT VALUE OF ACCRUED BENEFIT.— FINED BENEFIT PLANS SIGNIFICANTLY REDUCING The present value of an accrued benefit of amended plan with the same benefit FUTURE BENEFIT ACCRUALS.— any applicable individual shall be calculated under the plan prior to amendment. ‘‘(A) IN GENERAL.—If a large defined benefit as if the accrued benefit were in the form of Therefore, the concept of benefit com- plan adopts an amendment which has the ef- a single life annuity commencing at the par- parisons is not a new one. fect of significantly reducing the rate of fu- ticipant’s normal retirement age (and by And indeed, some companies are ture benefit accrual of 1 or more partici- taking into account any early retirement proving by their actions that benefit pants, a trust which is part of such plan shall subsidy). comparisons are not unduly burden- not constitute a qualified trust under this ‘‘(ii) PROJECTED ACCRUED BENEFIT.— section unless, after adoption of such amend- some. Kodak, the prominent employer ‘‘(I) IN GENERAL.—The projected accrued ment and not less than 15 days before its ef- benefit of any applicable individual shall be headquartered in Rochester, New York, fective date, the plan administrator pro- calculated as if the benefit were payable in recently announced that it will convert vides— the form of a single life annuity commencing to a cash balance plan, and that it will ‘‘(i) a written statement of benefit change at the participant’s normal retirement age give its 35,000 participants in the com- described in subparagraph (B) to each appli- (and by taking into account any early retire- pany-sponsored pension plan the choice cable individual, and ment subsidy). between the old plan and the new. To ‘‘(ii) a written notice setting forth the plan ‘‘(II) COMPENSATION AND OTHER ASSUMP- amendment and its effective date to each TIONS.—Such benefit shall be calculated by help employees make an informed deci- employee organization representing partici- sion, Kodak will provide every plan assuming that compensation and all other pants in the plan. benefit factors would increase for each plan participant with an individualized Any such notice may be provided to a person year beginning after the effective date of the comparison of his or her benefits under designated, in writing, by the person to plan amendment at a rate equal to the me- the old and new versions of the plan. which it would otherwise be provided. The dian average of the CPI increase percentage The company is also providing com- plan administrator shall not be treated as (as defined in section 215(i) of the Social Se- puter software that will allow employ- failing to meet the requirements of this sub- curity Act) for the 5 calendar years imme- ees to make the comparisons them- paragraph merely because the statement or diately preceding the calendar year before selves. That is the difference between notice is provided before the adoption of the the calendar year in which such effective corporate behavior that is responsible plan amendment if no material modification date occurs. of the amendment occurs before the amend- ‘‘(III) BENEFIT FACTORS.—For purposes of and corporate behavior that is unscru- ment is adopted. subclause (II), the term ‘benefit factors’ pulous. As usual, Kodak sets a fine ex- ‘‘(B) STATEMENT OF BENEFIT CHANGE.—A means social security benefits and all other ample. statement of benefit change described in this relevant factors under section 411(b)(1)(A) I believe that such disclosure not subparagraph shall— used to compute benefits under the plan only is in the best interest of employ- ‘‘(i) be written in a manner calculated to which had increased from the 2d plan year ees, but also of the employer. Several be understood by the average plan partici- preceding the plan year in which the effec- class action lawsuits have been filed in pant, and tive date of the plan amendment occurs to the last three years challenging con- ‘‘(ii) include the information described in the 1st such preceding plan year. versions to cash balance plans. These subparagraph (C). ‘‘(iii) NORMAL RETIREMENT AGE.—The term ‘‘(C) INFORMATION CONTAINED IN STATEMENT ‘normal retirement age’ means the later of— suits will likely cost hundreds of thou- OF BENEFIT CHANGE.—The information de- ‘‘(I) the date determined under section sands, if not millions, of dollars in at- scribed in this subparagraph includes the fol- 411(a)(8), or torneys’ fees. But with proper disclo- lowing: ‘‘(II) the date a plan participant attains sure, they might not have occurred. ‘‘(i) Notice setting forth the plan amend- age 62.’’ In closing, let me be clear about one ment and its effective date. (b) AMENDMENTS TO ERISA.— thing. I take no position on the under- ‘‘(ii) A comparison of the following (1) BENEFIT STATEMENT REQUIREMENT.—Sec- lying merit of cash balance plans. Ours amounts under the plan with respect to an tion 204(h) of the Employee Retirement In- is a voluntary pension system, and applicable individual, determined both with come Security Act of 1974 (29 U.S.C. 1054(h)) and without regard to the plan amendment: is amended by adding at the end the fol- companies must do what is right for ‘‘(I) The accrued benefit and the present them and their employees. But I feel lowing new paragraphs: value of the accrued benefit as of the effec- ‘‘(3)(A) If paragraph (1) applies to the adop- strongly that companies must fully tive date. tion of a plan amendment by a large defined and comprehensibly inform their em- ‘‘(II) The projected accrued benefit and the benefit plan, the plan administrator shall, ployees regarding whatever pension projected present value of the accrued ben- after adoption of such amendment and not benefits the company offers. Compa- efit as of the date which is 3 years, 5 years, less than 15 days before its effective date, nies have no right to misrepresent the and 10 years from the effective date and as of provide with the notice under paragraph (1) a projected benefit employees will re- the normal retirement age. written statement of benefit change de- ‘‘(iii) A table of all annuity factors used to scribed in subparagraph (B) to each applica- ceive under a cash balance plan or any calculate benefits under the plan, presented other pension arrangement. ble individual. in the form provided in section 72 and the ‘‘(B) A statement of benefit change de- It is time to let the sun shine on pen- regulations thereunder. scribed in this subparagraph shall— sion plan conversions. I urge the Sen- Benefits described in clause (ii) shall be stat- ‘‘(i) be written in a manner calculated to ate to support this important legisla- ed separately and shall be calculated by be understood by the average plan partici- tion. using the applicable mortality table and the pant, and I ask unanimous consent that the applicable interest rate under section ‘‘(ii) include the information described in text of my bill be printed in the 417(e)(3)(A). subparagraph (C). RECORD. ‘‘(D) LARGE DEFINED BENEFIT PLAN; APPLI- ‘‘(C) The information described in this sub- There being no objection, the bill was CABLE INDIVIDUAL.—For purposes of this paragraph includes the following: paragraph— ‘‘(i) A comparison of the following amounts ordered to be printed in the RECORD, as ‘‘(i) LARGE DEFINED BENEFIT PLAN.—The under the plan with respect to an applicable follows: term ‘large defined benefit plan’ means any individual, determined both with and with- S. 659 defined benefit plan which had 1,000 or more out regard to the plan amendment: Be it enacted by the Senate and House of Rep- participants who had accrued a benefit under ‘‘(I) The accrued benefit and the present resentatives of the United States of America in the plan (whether or not vested) as of the value of the accrued benefit as of the effec- Congress assembled, last day of the plan year preceding the plan tive date. SECTION 1. SHORT TITLE. year in which the plan amendment becomes ‘‘(II) The projected accrued benefit and the This Act may be cited as the ‘‘Pension effective. projected present value of the accrued ben- Right to Know Act’’. ‘‘(ii) APPLICABLE INDIVIDUAL.—The term efit as of the date which is 3 years, 5 years, SEC. 2. NOTICE REQUIREMENTS FOR LARGE PEN- ‘applicable individual’ means— and 10 years from the effective date and as of SION PLANS SIGNIFICANTLY REDUC- ‘‘(I) each participant in the plan, and the normal retirement age. ING FUTURE PENSION BENEFIT AC- ‘‘(II) each beneficiary who is an alternate ‘‘(ii) A table of all annuity factors used to CRUALS. payee (within the meaning of section calculate benefits under the plan, presented (a) PLAN REQUIREMENT.—Section 401(a) of 414(p)(8)) under an applicable qualified do- in the form provided in section 72 of the In- the Internal Revenue Code of 1986 (relating mestic relations order (within the meaning ternal Revenue Code of 1986 and the regula- to qualified pension, profit-sharing, and of section 414(p)(1)(A)). tions thereunder.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2941 Benefits described in clause (i) shall be stat- without regard to whether the amendment nificant improvements in medical out- ed separately and shall be calculated by was adopted before such date. comes in people with Type II diabetes. using the applicable mortality table and the (3) SPECIAL RULE.—The period for providing For example, complications of diabetes applicable interest rate under section any notice required by, or any notice the such as end stage renal failure that 417(e)(3)(A) of such Code. contents of which are changed by, the ‘‘(D) For purposes of this paragraph— amendments made by this Act shall not end leads to dialysis can be prevented with ‘‘(i) The term ‘large defined benefit plan’ before the date which is 6 months after the adequate intervention. Currently, the means any defined benefit plan which had date of the enactment of this Act. number of dialysis patients in the Nav- 1,000 or more participants who had accrued a ajo population is doubling every five benefit under the plan (whether or not vest- By Mr. BINGAMAN (for himself, years. Mr, President, we must place ed) as of the last day of the plan year pre- Mr. CRAIG, Ms. MIKULSKI, Mr. our dollars in the effective, preventive ceding the plan year in which the plan THURMOND, Mr. DASCHLE, Ms. treatment of medical nutrition therapy amendment becomes effective. COLLINS, Mr. JOHNSON, Ms. ‘‘(ii) The term ‘applicable individual’ rather than face the grim reality of means an individual described in subpara- SNOWE, Mr. DORGAN, Mr. MACK, having to continue to build new dialy- graph (A) or (B) of paragraph (1). Mr. HOLLINGS, Mr. REED, Mr. sis units. ‘‘(E) For purposes of this paragraph— CONRAD, and Mr. CRAPO): Ensuring the solvency of the Medi- ‘‘(i) The present value of an accrued benefit S. 660. A bill to amend title XVIII of care Part A Trust Fund is one of our of any applicable individual shall be cal- the Social Security Act to provide for most difficult challenges and one that culated as if the accrued benefit were in the coverage under part B of the medicare calls for creative, effective solutions. form of a single life annuity commencing at program of medical nutrition therapy the participant’s normal retirement age (and Coverage for medical nutrition therapy by taking into account any early retirement services furnished by registered dieti- is one important way to help address subsidy). tians and nutrition professionals; to that challenge. It is exactly the type of ‘‘(ii)(I) The projected accrued benefit of the Committee on Finance. cost effective care we should encour- any applicable individual shall be calculated Mr. BINGAMAN. Mr. President, I rise age. It will satisfy two of our most im- as if the benefit were payable in the form of today to introduce the Medical Nutri- portant priorities in Medicare: pro- a single life annuity commencing at the par- tion Therapy Act of 1999 on behalf of viding program savings while main- ticipant’s normal retirement age (and by myself, my friend and colleague from taking into account any early retirement taining a high level of quality care. Idaho, Senator CRAIG, and a bipartisan subsidy). Mr. President, I ask unanimous con- ‘‘(II) Such benefit shall be calculated by group of additional Senators. sent that the text of this bill be printed assuming that compensation and all other This bipartisan measure provides for in the RECORD. benefit factors would increase for each plan coverage under Part B of the Medicare There being no objection, the bill was year beginning after the effective date of the program for medical nutrition therapy ordered to be printed in the RECORD, as plan amendment at a rate equal to the me- services by a registered dietician. Med- follows: dian average of the CPI increase percentage ical nutrition therapy is generally de- S. 660 (as defined in section 215(i) of the Social Se- fined as the assessment of patient nu- Be it enacted by the Senate and House of Rep- curity Act) for the 5 calendar years imme- tritional status followed by therapy, diately preceding the calendar year before resentatives of the United States of America in the calendar year in which such effective ranging from diet modification to ad- Congress assembled, date occurs. ministration of specialized nutrition SECTION 1. SHORT TITLE; FINDINGS. ‘‘(III) For purposes of subclause (II), the therapies such as intravenous or tube (a) SHORT TITLE.—This Act may be cited as term ‘benefit factors’ means social security feedings. It has proven to be a medi- the ‘‘Medicare Medical Nutrition Therapy benefits and all other relevant factors under cally necessary and cost-effective way Act of 1999’’. section 204(b)(1)(A) used to compute benefits (b) FINDINGS.—Congress finds as follows: of treating and controlling many dis- (1) Medical nutrition therapy is a medi- under the plan which had increased from the ease entities such as diabetes, renal 2d plan year preceding the plan year in cally necessary and cost-effective way of which the effective date of the plan amend- disease, cardiovascular disease and se- treating and controlling many diseases and ment occurs to the 1st such preceding plan vere burns. medical conditions affecting the elderly, in- year. Currently there is no consistent Part cluding HIV, AIDS, cancer, kidney disease, ‘‘(iii) The term ‘normal retirement age’ B coverage policy for medical nutrition diabetes, heart disease, pressure ulcers, se- means the later of— and this legislation will bring needed vere burns, and surgical wounds. ‘‘(I) the date determined under section uniformity to the delivery of this im- (2) Medical nutrition therapy saves health 3(24), or portant care, as well as save taxpayer care costs by speeding recovery and reducing the incidence of complications, resulting in ‘‘(II) the date a plan participant attains money. Coverage for medical nutrition age 62. fewer hospitalizations, shorter hospital ‘‘(4) A plan administrator shall not be therapy can save money by reducing stays, and reduced drug, surgery, and treat- treated as failing to meet the requirements hospital admissions, shortening hos- ment needs. of this subsection merely because the notice pital stays, decreasing the number of (3) A study conducted by The Lewin Group or statement is provided before the adoption complications, and reducing the need shows that, after the third year of coverage, of the plan amendment if no material modi- for physician follow-up visits. savings would be greater than costs for cov- fication of the amendment occurs before the The treatment of patients with dia- erage of medical nutrition therapy for all amendment is adopted.’’ betes and cardiovascular disease ac- medicare beneficiaries, with savings pro- jected to grow steadily in following years. (2) CONFORMING AMENDMENT.—Section counts for a full 60% of Medicare ex- 204(h)(1) of such Act (29 U.S.C. 1054(h)(1)) is (4) The Agency for Health Care Policy and amended by inserting ‘‘(including any writ- penditures. I want to use diabetes as an Research has indicated in its practice guide- ten statement of benefit change if required example for the need for this legisla- lines that nutrition is key to both the pre- by paragraph (3))’’ after ‘‘written notice’’. tion. There are very few families who vention and the treatment of pressure ulcers (c) EFFECTIVE DATES.— are not touched by diabetes. The bur- (also called bed sores) which annually cost (1) IN GENERAL.—The amendments made by den of diabetes is disproportionately the health care system an estimated this section shall apply to plan amendments high among ethnic minorities in the $1,300,000,000 for treatment. taking effect in plan years beginning on or United States. According to the Amer- (5) Almost 17,000,000 patients each year are after the earlier of— treated for illnesses or injuries that stem (A) the later of— ican Journal of Epidemiology, mor- from or place them at risk of malnutrition. (i) January 1, 1999, or tality due to diabetes is higher nation- (6) Because medical nutrition therapy is (ii) the date on which the last of the collec- wide among blacks than whites. It is not covered under part B of the medicare tive bargaining agreements pursuant to higher among American Indians than program and because more and more health which the plan is maintained terminates (de- among any other ethnic group. care is delivered on an outpatient basis, termined without regard to any extension In my state of New Mexico, Native many patients are denied access to the effec- thereof after the date of the enactment of Americans are experiencing an epi- tive, low-tech treatment they need, resulting this Act), or demic of Type II diabetes. Medical nu- in an increased incidence of complications (B) January 1, 2001. trition therapy is integral to their dia- and a need for higher cost treatments. (2) EXCEPTION WHERE NOTICE GIVEN.—The SEC. 2. MEDICARE COVERAGE OF MEDICAL NU- amendments made by this section shall not betes care. In fact, information from TRITION THERAPY SERVICES. apply to any plan amendment for which the Indian Health Service shows that (a) COVERAGE.—Section 1861(s)(2) of the So- written notice was given to participants or medical nutrition therapy provided by cial Security Act (42 U.S.C. 1395x(s)(2)) is their representatives before March 17, 1999, professional dieticians results in sig- amended—

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2942 CONGRESSIONAL RECORD — SENATE March 18, 1999 (1) by striking ‘‘and’’ at the end of subpara- are essentially denied access to this that this year the Senate will listen to graph (S); cost effective and efficacious form of the 74 percent of Americans who favor (2) by striking the period at the end of sub- care. parental consent prior to a minor girl paragraph (T) and inserting ‘‘; and’’; and Nutrition is one of the most basic receiving an abortion. This Baseline & (3) by adding at the end the following new subparagraph: elements of life. From the moment we Associates poll, conducted last sum- ‘‘(U) medical nutrition therapy services (as are born to the moment we die, nutri- mer, reveals that the American public defined in subsection (uu)(1));’’. tion plays a critical role. It influences favors parental consent laws and when (b) SERVICES DESCRIBED.—Section 1861 of how we grow, how our brain develops, asked specifically about this legisla- such Act (42 U.S.C. 1395x) is amended by add- how we feel, and how our bodies pre- tion, the American public is even more ing at the end the following new subsection: vent and fight disease. For decades we supportive. Eighty five percent of those ‘‘Medical Nutrition Therapy Services; Reg- have known that nutrition can influ- who participated in the poll believed istered Dietitian or Nutrition Professional ence the most serious life threatening that minor girls should not be taken ‘‘(uu)(1) The term ‘medical nutrition ther- diseases, such as cancer, heart disease, across state lines to obtain an abortion apy services’ means nutritional diagnostic, therapy, and counseling services for the pur- stroke, diabetes, and high blood choles- without their parents’ knowledge. pose of disease management which are fur- terol. These poll numbers reinforce what nished by a registered dietitian or nutrition Experts have proven that proper nu- common sense already tells us: parents professional (as defined in paragraph (2)) pur- trition may not only help prevent dis- need to be involved with the major suant to a referral by a physician (as defined ease, but also is central to controlling medical and emotional decisions of in subsection (r)(1)). and treating disease. their children. When they are not in- ‘‘(2) Subject to paragraph (3), the term Medical nutrition therapy plays a volved, the health and emotional well ‘registered dietitian or nutrition profes- major role in treating some of the most being of their child is in jeopardy. sional’ means an individual who— ‘‘(A) holds a baccalaureate or higher degree threatening illnesses. It significantly Last year, we heard from Joyce Far- granted by a regionally accredited college or improves the quality of life of seriously ley, whose 13 year old daughter was university in the United States (or an equiv- ill patients. It also saves health care raped, taken across state lines for a se- alent foreign degree) with completion of the costs by speeding recovery and reduc- cret abortion by the rapist’s mother, academic requirements of a program in nu- ing the incidence of complications, re- and dropped off 30 miles from home suf- trition or dietetics, as accredited by an ap- sulting in fewer hospitalizations, short- fering from complications from an in- propriate national accreditation organiza- er hospital stays, and reduced drug, complete abortion. Mrs. Farley told of tion recognized by the Secretary for this surgery, and treatment needs. the trauma to her daughter from this purpose; Because medical nutrition therapy is ‘‘(B) has completed at least 900 hours of su- stranger’s actions. Luckily, Mrs. Far- pervised dietetics practice under the super- not currently covered by Medicare Part ley found out about the abortion and vision of a registered dietitian or nutrition B and because more and more health could obtain appropriate medical care professional; and care is delivered on an outpatient for her daughter. If this abortion had ‘‘(C)(i) is licensed or certified as a dietitian basis, many patients are denied access remained secret, Mrs. Farley’s daugh- or nutrition professional by the State in to the effective, low-tech treatment ter’s life could have been in danger. which the services are performed, or they need, resulting in an increased in- Whatever one’s position on abortion, ‘‘(ii) in the case of an individual in a State cidence of complications and a need for every American should recognize the that does not provide for such licensure or higher cost treatments. crucial role of parents in their minor certification, meets such other criteria as the Secretary establishes. Medical nutritional therapy is an in- child’s decision whether or not to un- ‘‘(3) Subparagraphs (A) and (B) of para- tegral part of cost effective health dergo this procedure. Parental notifica- graph (2) shall not apply in the case of an in- care. tion and consent laws exist for a rea- dividual who, as of the date of enactment of Our legislation would remedy this de- son. While most such laws provide for this subsection, is licensed or certified as a fect in Medicare Part B, improving possible judicial bypass, they by nature dietitian or nutrition professional by the health care and lowering costs. I invite intend to protect the rights and integ- State in which medical nutrition therapy all our colleagues to join Senator rity of the family. More than 20 states services are performed.’’. INGAMAN (c) PAYMENT.—Section 1833(a)(1) of such B and myself in working for have recognized the need to protect Act (42 U.S.C. 1395l(a)(1)) is amended— this important reform. both the minor and the integrity of the (1) by striking ‘‘and’’ before ‘‘(S)’’, and family and have parental involvement (2) by inserting before the semicolon at the By Mr. ABRAHAM (for himself, laws in effect. My legislation adds no end the following: ‘‘, and (T) with respect to Mr. HATCH, Mr. LOTT, Mr. SES- new provisions to state-enacted paren- medical nutrition therapy services (as de- SIONS, Mr. NICKLES, Mr. COVER- tal involvement laws. It does not im- fined in section 1861(uu)), the amount paid DELL, Mr. CRAIG, Mr. KYL, Mr. pose parental involvement require- shall be 80 percent of the lesser of the actual ENZI, Mr. MCCAIN, Mr. HUTCH- ments on states that have not passed charge for the services or the amount deter- INSON, Mr. SANTORUM, Mr. mined under the fee schedule established such laws. The Child Custody Protec- BROWNBACK, Mr. INHOFE, Mr. under section 1848(b) for the same services if tion Act simply prevents the under- furnished by a physician’’. SMITH of New Hampshire, Mr. mining of parental involvement laws in (d) EFFECTIVE DATE.—The amendments HELMS, Mr. GRASSLEY, and Mr. states that have them. made by this section apply to services fur- DEWINE): I hope my colleagues will support me nished on or after January 1, 2000. S. 661. A bill to amend title 18, in working to quickly pass this com- Mr. CRAIG. Mr. President, today United States Code, to prohibit taking mon sense legislation. I ask unanimous Senator BINGAMAN and I join to intro- minors across State lines in cir- consent that the text of the bill and duce a very important piece of legisla- cumvention of laws requiring the in- section by section analysis be printed tion, the Medical Nutrition Therapy volvement of parents in abortion deci- in the RECORD. Act. I’m pleased to have the support of sions; to the Committee on the Judici- There being no objection, the mate- a number of Senators in introducing ary. rial was ordered to be printed in the this legislation: Senators MACK, THUR- CHILD CUSTODY PROTECTION ACT RECORD, as follows: MOND, MIKULSKI, SNOWE, DASCHLE, COL- Mr. ABRAHAM. Mr. President, S. 661 LINS, JOHNSON, CRAPO, DORGAN, HOL- today, I along with 19 of my colleagues Be it enacted by the Senate and House of LINGS, REED, and CONRAD. This bill sim- will be re-introducing the Child Cus- Representatives of the United States of America ply expands Medicare Part B coverage tody Protection Act. This legislation in Congress assembled, to give seniors access to medical nutri- will make it a federal offense to trans- SECTION 1. SHORT TITLE. tion therapy services by registered di- port a minor across state lines to ob- This Act may be cited as the ‘‘Child Cus- etitians and other nutrition profes- tain an abortion if this action cir- tody Protection Act’’. sionals. Currently there is no direct cumvents a state parental involvement SEC. 2. TRANSPORTATION OF MINORS IN CIR- CUMVENTION OF CERTAIN LAWS RE- coverage for services provided by reg- law. LATING TO ABORTION. istered dietitians, and, because they Last year, this bill received a major- (a) IN GENERAL.—Title 18, United States are uniquely qualified to provide med- ity of votes but fell short of the sixty Code, is amended by inserting after chapter ical nutrition therapy, beneficiaries votes needed for cloture. It is my hope 117 the following:

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2943 ‘‘CHAPTER 117A—TRANSPORTATION OF ‘‘(3) the term ‘minor’ means an individual ization in abortions had been satisfied. A mi- MINORS IN CIRCUMVENTION OF CER- who is not older than the maximum age re- nor’s own assertion to a defendant that her TAIN LAWS RELATING TO ABORTION quiring parental notification or consent, or parents knew or had consented would not, by ‘‘Sec. proceedings in a State court, under the law itself, constitute sufficient basis to make out ‘‘2431. Transportation of minors in cir- requiring parental involvement in a minor’s this affirmative defense. cumvention of certain laws re- abortion decision; and Subsection (d) establishes a civil cause of lating to abortion. ‘‘(4) the term ‘State’ includes the District action for a parent who suffers legal harm ‘‘§ 2431. Transportation of minors in cir- of Columbia and any commonwealth, posses- from a violation of subsection (a). cumvention of certain laws relating to sion, or other territory of the United Subsection (e) sets forth definitions of cer- abortion States.’’. tain terms in this bill. LERICAL MENDMENT Subsection (e)(1)(A) defines ‘‘a law requir- ‘‘(a) OFFENSE.— (b) C A .—The table of ing parental involvement in a minor’s abor- ‘‘(1) GENERALLY.—Except as provided in chapters for part I of title 18, United States tion decision’’ to be a law requiring either subsection (b), whoever knowingly trans- Code, is amended by inserting after the item ‘‘the notification to, or consent of, a parent ports an individual who has not attained the relating to chapter 117 the following new age of 18 years across a State line, with the item:‘Q02 of that minor or proceedings in a State intent that such individual obtain an abor- ‘‘117A. Transportation of minors court.’’ Subsection (e)(1)(B) stipulates that a law tion, and thereby in fact abridges the right in circumvention of certain conforming to the definition in (e)(1)(A) can- of a parent under a law requiring parental laws relating to abortion ...... 2431.’’...... not provide notification to or consent of any involvement in a minor’s abortion decision, person or entity other than a ‘‘parent’’ as de- in force in the State where the individual re- THE CHILD CUSTODY PROTECTION ACT— fined in the subsequent section. sides, shall be fined under this title or im- SECTION-BY-SECTION ANALYSIS Subsection (e)(2) defines ‘‘parent’’ to mean prisoned not more than one year, or both. Section 1. Short title a parent or guardian, or a legal custodian, or ‘‘(2) DEFINITION.—For the purposes of this This section states that the short title of a person standing in loco parentis (if that subsection, an abridgement of the right of a this bill is the ‘‘Child Custody Protection person has ‘‘care and control’’ of the minor parent occurs if an abortion is performed on Act.’’ and is a person with whom the minor ‘‘regu- the individual, in a State other than the Section 2. Transportation of minors to avoid cer- larly resides’’) and who is designated by the State where the individual resides, without tain laws relating to abortion applicable State parental involvement law as the parental consent or notification, or the Section 2(a) amends title 18 of the United the person to whom notification, or from judicial authorization, that would have been States Code by inserting after chapter 117 a whom consent, is required. In this context, a required by that law had the abortion been proposed new chapter 117A titled ‘‘Transpor- person in loco parentis has the meaning it performed in the State where the individual tation of minors to avoid certain laws relat- has at common law: a person who effectively resides. ing to abortion,’’ within which would be in- functions as a child’s guardian, but without ‘‘(b) EXCEPTIONS.—(1) The prohibition of cluded a new section 2431 on this subject. subsection (a) does not apply if the abortion the legal formalities of guardianship having Subsection (a) of proposed section 2431 out- was necessary to save the life of the minor been met. It would not include individuals laws the knowing transportation across a because her life was endangered by a phys- who are not truly exercising the responsibil- State line of a person under 18 years of age ical disorder, physical injury, or physical ill- ities of parents, such as an adult boyfriend ness, including a life endangering physical with the intent that she obtain an abortion, with whom the minor may be living. condition caused by or arising from the preg- in abridgement of a parent’s right of involve- Subsection (e)(3) defines ‘‘minor’’ to mean nancy itself. ment according to State law. This subsection a person not older than the maximum age re- ‘‘(2) An individual transported in violation requires only knowledge by the defendant quiring parental notification or consent, or of this section, and any parent of that indi- that he or she was transporting the person proceedings in a State court, under the pa- vidual, may not be prosecuted or sued for a across State lines with the intent that she rental involvement law of the State, where violation of this section, a conspiracy to vio- obtain an abortion. It does not require that the minor resides. late this section, or an offense under section the transporter know the requirement of the Subsection (E)(4) defines ‘‘State’’ to in- 2 or 3 based on a violation of this section. home State law, know that they have not clude the District of Columbia ‘‘and any ‘‘(c) AFFIRMATIVE DEFENSE.—It is an af- been complied with, or indeed know any- commonwealth, possession, or other terri- firmative defense to a prosecution for an of- thing about the existence of the State law. tory of the United States.’’ fense, or to a civil action, based on a viola- By the same token, it does not require that Section 2(b) is a clerical amendment to in- tion of this section that the defendant rea- the defendant know that his or her actions sert the new chapter in the table of chapters sonably believed, based on information the violate Federal law, or indeed know any- for part I of title 18. defendant obtained directly from a parent of thing about the Federal law. A reasonable the individual or other compelling facts, belief that parental notice or consent, or ju- By Mr. CHAFEE (for himself, Ms. that before the individual obtained the abor- dicial authorization, has been given, is an af- MIKULSKI, Mr. MOYNIHAN, Ms. tion, the parental consent or notification, or firmative defense whose terms are set out in SNOWE, Mr. SMITH of Oregon, judicial authorization took place that would subsection (c). Mr. HARKIN, Mr. COCHRAN, Mr. have been required by the law requiring pa- Subsection (a), paragraph (1), imposes a DURBIN, Mrs. MURRAY, Mr. rental involvement in a minor’s abortion de- maximum of 1 year imprisonment or a fine, cision, had the abortion been performed in or both. LEAHY, Mr. ROCKEFELLER, Mr. the State where the individual resides. Subsection (a), paragraph (2), specifies the LIEBERMAN, Mr. LAUTENBERG, ‘‘(d) CIVIL ACTION.—Any parent who suffers criteria for a violation of the parental right Mrs. FEINSTEIN, Mr. BINGAMAN, legal harm from a violation of subsection (a) under this statute as follows: an abortion Mr. SARBANES, Mr. HOLLINGS, may obtain appropriate relief in a civil ac- must be performed on a minor in a State Mr. WELLSTONE, Mr. CLELAND, tion. other than the minor’s residence and with- Mr. KENNEDY, Mr. JOHNSON, Mr. ‘‘(e) DEFINITIONS.—For the purposes of this out the parental consent or notification, or section— ROBB, Mrs. BOXER, Mr. REID, the judicial authorization, that would have ‘‘(1) a law requiring parental involvement ERREY been required had the abortion been per- and Mr. K ): in a minor’s abortion decision is a law— formed in the minor’s State or residence. S. 662. A bill to amend title XIX of ‘‘(A) requiring, before an abortion is per- Subsection (b), paragraph (1) specifies that the Social Security Act to provide formed on a minor, either— subsection (a) does not apply if the abortion medical assistance for certain women ‘‘(i) the notification to, or consent of, a is necessary to save the life of the minor. screened and found to have breast or parent of that minor; or This subsection is not intended to preempt cervical cancer under a federally fund- ‘‘(ii) proceedings in a State court; and any other exceptions that a State parental ‘‘(B) that does not provide as an alter- ed screening program; to the Com- involvement law that meets the definitions mittee on Finance. native to the requirements described in sub- set out in subsection (e)(1) and (e)(2) may paragraph (A) notification to or consent of recognize. THE BREAST AND CERVICAL CANCER TREATMENT any person or entity who is not described in Subsection (b), paragraph (2), clarifies that ACT OF 1999 that subparagraph; neither the minor being transported nor her ∑ Mr. CHAFEE. Mr. President, I am ‘‘(2) the term ‘parent’ means— parents may be prosecuted or sued for a vio- pleased today to introduce legislation ‘‘(A) a parent or guardian; lation of this bill. that will provide life-saving treatment ‘‘(B) a legal custodian; or Subsection (c) provides an affirmative de- ‘‘(C) a person standing in loco parentis who to women who have been diagnosed fense to prosecution or civil action based on with breast and cervical cancer. I am has care and control of the minor, and with violation of the act where the defendant rea- whom the minor regularly resides; sonably believed, based on information ob- very proud of this legislation and want who is designated by the law requiring pa- tained directly from the girl’s parent or to thank everyone who worked so hard rental involvement in the minor’s abortion other compelling factors, that the require- to put this bill together. decision as a person to whom notification, or ments of the girl’s State of residence regard- I want to take just a few minutes to from whom consent, is required; ing parental involvement or judicial author- explain what this legislation does. In

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2944 CONGRESSIONAL RECORD — SENATE March 18, 1999 1990 Congress created a program, run (3) LIMITATION ON BENEFITS.—Section scribed in subsection (a) for medical assist- by the Centers for Disease Control, to 1902(a)(10) of the Social Security Act (42 ance under the State plan; and provide breast and cervical cancer U.S.C. 1396a(a)(10)) is amended in the matter ‘‘(B) information on how to assist such in- screening for low-income, uninsured following subparagraph (F)— dividuals in completing and filing such (A) by striking ‘‘and (XIII)’’ and inserting forms. women. This program is run in all 50 ‘‘(XIII)’’; and ‘‘(2) NOTIFICATION REQUIREMENTS.—A quali- states and is tremendously successful. (B) by inserting ‘‘, and (XIV) the medical fied entity that determines under subsection The CDC screens more than 500,000 assistance made available to an individual (b)(1)(A) that an individual described in sub- women ever year, detecting more than described in subsection (aa) who is eligible section (a) is presumptively eligible for med- 3,000 cases of breast cancer and 350 for medical assistance only because of sub- ical assistance under a State plan shall— cases of cervical cancer. paragraph (A)(ii)(XV) shall be limited to ‘‘(A) notify the State agency of the deter- The problem comes about when these medical assistance provided during the pe- mination within 5 working days after the women try to get treatment for the riod in which such an individual requires date on which determination is made; and cancer. They are uninsured, and are treatment for breast or cervical cancer’’ be- ‘‘(B) inform such individual at the time the not eligible for either Medicaid or fore the semicolon. determination is made that an application (4) CONFORMING AMENDMENTS.—Section for medical assistance under the State plan Medicare. They must rely on volun- 1905(a) of the Social Security Act (42 U.S.C. is required to be made by not later than the teers and charitable providers to find 1396d(a)) is amended in the matter preceding last day of the month following the month treatment services. Treatment for paragraph (1)— during which the determination is made. many is delayed, and many do not re- (A) in clause (x), by striking ‘‘or’’ at the ‘‘(3) APPLICATION FOR MEDICAL ASSIST- ceive the crucial follow-up care. Some end; ANCE.—In the case of an individual described never receive treatment and others are (B) in clause (xi), by adding ‘‘or’’ at the in subsection (a) who is determined by a left with huge medical bills they can- end; and qualified entity to be presumptively eligible not pay. (C) by inserting after clause (xi) the fol- for medical assistance under a State plan, The legislation we are introducing lowing: the individual shall apply for medical assist- today provides a simple solution to ‘‘(xii) individuals described in section ance under such plan by not later than the 1902(aa),’’. last day of the month following the month this problem. It gives states the option (b) PRESUMPTIVE ELIGIBILITY.— during which the determination is made. to provide those women, many of whom (1) IN GENERAL.—Title XIX of the Social ‘‘(d) PAYMENT.—Notwithstanding any other are mothers of young children, who are Security Act (42 U.S.C. 1396 et seq.) is provision of this title, medical assistance diagnosed with breast or cervical can- amended by inserting after section 1920A the that— cer under the CDC’s screening program following: ‘‘(1) is furnished to an individual described to obtain treatment through the med- ‘‘PRESUMPTIVE ELIGIBILITY FOR CERTAIN in subsection (a)— icaid program. The coverage would BREAST OR CERVICAL CANCER PATIENTS ‘‘(A) during a presumptive eligibility pe- riod; continue until the treatment and fol- ‘‘SEC. 1920B. (a) STATE OPTION.—A State plan approved under section 1902 may pro- ‘‘(B) by a entity that is eligible for pay- low-up visits are completed. ments under the State plan; and This is a modest, low-cost solution to vide for making medical assistance available to an individual described in section 1902(aa) ‘‘(2) is included in the care and services a life or death problem. It costs less covered by the State plan; than $60 million per year to provide (relating to certain breast or cervical cancer patients) during a presumptive eligibility pe- shall be treated as medical assistance pro- this critical treatment. I hope very riod. vided by such plan for purposes of section much that we will be able to pass this ‘‘(b) DEFINITIONS.—For purposes of this sec- 1903(a)(5)(B).’’. bill this year. tion: (2) CONFORMING AMENDMENTS.— I ask that the legislation be printed ‘‘(1) PRESUMPTIVE ELIGIBILITY PERIOD.—The (A) Section 1902(a)(47) of the Social Secu- in the RECORD. term ‘presumptive eligibility period’ means, rity Act (42 U.S.C. 1396a(a)(47)) is amended by The bill follows: with respect to an individual described in inserting before the semicolon at the end the S. 662 subsection (a), the period that— following: ‘‘and provide for making medical Be it enacted by the Senate and House of Rep- ‘‘(A) begins with the date on which a quali- assistance available to individuals described resentatives of the United States of America in fied entity determines, on the basis of pre- in subsection (a) of section 1920B during a Congress assembled, liminary information, that the individual is presumptive eligibility period in accordance SECTION 1. OPTIONAL MEDICAID COVERAGE OF described in section 1902(aa); and with such section’’. CERTAIN BREAST OR CERVICAL ‘‘(B) ends with (and includes) the earlier (B) Section 1903(u)(1)(D)(v) of such Act (42 CANCER PATIENTS. of— U.S.C. 1396b(u)(1)(D)(v)) is amended— (a) COVERAGE AS OPTIONAL CATEGORICALLY ‘‘(i) the day on which a determination is (i) by striking ‘‘or for’’ and inserting ‘‘, NEEDY GROUP.— made with respect to the eligibility of such for’’; and (1) IN GENERAL.—Section 1902(a)(10)(A)(ii) individual for services under the State plan; (ii) by inserting before the period the fol- of the Social Security Act (42 U.S.C. or lowing: ‘‘, or for medical assistance provided 1396a(a)(10)(A)(ii)) is amended— ‘‘(ii) in the case of such an individual who to an individual described in subsection (a) (A) in subclause (XIII), by striking ‘‘or’’ at does not file an application by the last day of of section 1920B during a presumptive eligi- the end; the month following the month during which bility period under such section’’. (B) in subclause (XIV), by adding ‘‘or’’ at the entity makes the determination referred (c) ENHANCED MATCH.—Section 1903(a)(5) of the end; and to in subparagraph (A), such last day. the Social Security Act (42 U.S.C. 1396b(a)(5)) (C) by adding at the end the following: ‘‘(2) QUALIFIED ENTITY.— is amended— ‘‘(XV) who are described in subsection (aa) ‘‘(A) IN GENERAL.—Subject to subparagraph (1) by striking ‘‘an’’ and inserting ‘‘(A) (relating to certain breast or cervical cancer (B), the term ‘qualified entity’ means any an’’; patients);’’. entity that— (2) by adding ‘‘plus’’ after the semicolon; (2) GROUP DESCRIBED.—Section 1902 of the ‘‘(i) is eligible for payments under a State and Social Security Act (42 U.S.C. 1396a) is plan approved under this title; and (3) by adding at the end the following: amended by adding at the end the following: ‘‘(ii) is determined by the State agency to ‘‘(B) an amount equal to 75 percent of the ‘‘(aa) Individuals described in this para- be capable of making determinations of the sums expended during such quarter which graph are individuals who— type described in paragraph (1)(A). are attributable to the offering, arranging, ‘‘(1) are not described in subsection ‘‘(B) REGULATIONS.—The Secretary may and furnishing (directly or on a contract (a)(10)(A)(i); issue regulations further limiting those enti- basis) of medical assistance to an individual ‘‘(2) have not attained age 65; ties that may become qualified entities in described in section 1902(aa); plus’’. ‘‘(3) have been screened for breast and cer- order to prevent fraud and abuse and for (d) EFFECTIVE DATE.—The amendments vical cancer under the Centers for Disease other reasons. made by this section apply to medical assist- Control and Prevention breast and cervical ‘‘(C) RULE OF CONSTRUCTION.—Nothing in ance furnished on or after October 1, 1999, cancer early detection program established this paragraph shall be construed as pre- without regard to whether final regulations under title XV of the Public Health Service venting a State from limiting the classes of to carry out such amendments have been Act (42 U.S.C. 300k et seq.) in accordance entities that may become qualified entities, promulgated by such date.∑ with the requirements of section 1504 of that consistent with any limitations imposed ∑ Ms. MIKULSKI. Mr. President, I rise Act (42 U.S.C. 300n) and need treatment for under subparagraph (B). to join my distinguished colleagues breast or cervical cancer; and ‘‘(c) ADMINISTRATION.— HAFEE OYNIHAN NOWE ‘‘(4) are not otherwise covered under cred- ‘‘(1) IN GENERAL.—The State agency shall Senators C , M , S , itable coverage, as defined in section 2701(c) provide qualified entities with— and to introduce legislation providing of the Public Health Service Act (45 U.S.C. ‘‘(A) such forms as are necessary for an ap- breast and cervical cancer treatment 300gg(c)).’’. plication to be made by an individual de- services to women who were diagnosed

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2945 with these cancers through the Na- tors, nurses, hospitals and clinics who but treatment can. It’s a cruel and tional Breast and Cervical Cancer provide them with free or reduced-cost heart-breaking irony for the federal Early Detection Program (NBCCEDP). treatment. In the end, thousands of government to promise to screen low- This bill would give states the option women who run local screening pro- income women for breast and cervical to provide Medicaid coverage for the grams are spending countless hours cancer, but not to establish a program duration of breast and cervical cancer finding treatment services for women to treat those women who have been treatment to eligible women who were diagnosed with breast cancer. I salute diagnosed with cancer through a fed- screened through the CDC program and the efforts of these individuals who eral program. found to have these cancers. This is a spend their time and resources to help It is clear that the short-term, ad- bill whose time has come. these women. hoc strategies of providing treatment In 1990, I was proud to be the chief But we must not force these women have broken down: for the women who Senate sponsor of the Breast and Cer- to rely on the goodwill of others. These are screened; for the local programs vical Cancer Mortality Prevention Act treatment efforts will become even that fund the screening program; and which created the National Breast and more difficult as more women are for the states that face increasing bur- Cervical Cancer Early Detection Pro- screened by the NBCCEDP, which cur- dens. Because there is not coverage for gram (NBCCEDP) at the CDC. The time rently services only 12–15% of all treatment, state programs are having a was right for us to create that pro- women who are eligible nationally. The hard time recruiting providers, volun- gram. Since its inception, the CDC lack of coverage for diagnostic and teers are spending a disproportionate screening program has provided more treatment services has also had a very amount of time finding treatment for than 721,000 mammograms and 851,000 negative impact on the program’s abil- women, and fewer women are receiving Pap tests to more than 1.2 million ity to recruit providers, further re- treatment. We can’t grow the program women. Among the women screened, stricting the number of women to serve the other 78% of eligible over 3,600 cases of breast cancer and screened. The CDC study also shows women if we can’t promise treatment over 400 cases of invasive cervical can- there are already additional stresses on to those we already screen. cer have been diagnosed since the be- the program as increasing numbers of This bill is the best long-term solu- ginning of the program. In Maryland physicians do not have the autonomy tion. It is strongly supported by the alone, the state had provided more in today’s ever increasing managed National Breast Cancer Coalition rep- than 54,000 mammograms and 35,000 care system to offer free or reduced-fee resenting over 400 organizations and Pap tests, and diagnosed over 450 services. While CDC has expanded its 100,000’s of women across the nation; women with breast cancer and 15 case management services to help more the American Cancer Society, the Na- women with invasive cervical cancer. women get treatment, even CDC ad- tional Association of Public Hospitals Now as we prepare to enter the 21st mits that ‘‘more formalized and sus- and Health Systems, the National century, it is time for us to finish what tained mechanisms need to be insti- Partnership for Women and Families, we started and provide treatment serv- tuted to ensure that all women YWCA, National Women’s Health Net- ices for breast and cervical cancer for screened have ready access to appro- work, Oncology Nursing Society, Asso- women who are screened through this priate treatment and follow-up.’’ It is ciation of Women’s Health, Obstetric, program. We made the down payment an outrage that women with cancer and Neonatal Nurses, the Rhode Island in 1990 and we’ve been making pay- must go begging for treatment, espe- Breast Cancer Coalition, Y–ME, and ments ever since, but it’s time for the cially if the federal government has Arm in Arm. I urge my colleagues to final payment. It is time to do the held out the promise of early detection. cosponsor and support this critical right thing. We screen the women in We should follow through on our re- piece of legislation and make good on this program for breast and cervical sponsibility to treat the cancer that the promise of early detection.∑ cancer. But we don’t provide the fed- these women were diagnosed with ∑ Mr. MOYNIHAN. Mr. President, eral follow-up to ensure that these through the CDC program. today, I join with my colleagues Sen- women are treated. That’s why I’ve introduced this im- ators CHAFEE, MIKULSKI, and SNOWE in The CDC screening program does not portant legislation with my colleagues. introducing legislation to ensure that pay for breast and cervical cancer This bill gives states the option to pro- women with breast or cervical cancer treatment services, but it does require vide Medicaid coverage for the dura- will receive coverage for their treat- participating states to provide treat- tion of breast and cervical cancer ment. The Federal Centers for Disease ment services. A study of the program treatment to eligible women who were Control and Prevention (CDC) has a done for the Centers for Disease Con- screened through the CDC program and successful nationwide program—Na- trol and Prevention found that while found to have these cancers. This is not tional Breast and Cervical Cancer treatment was eventually found for al- a mandate for states; it is the federal Early Detection program—that pro- most all of the women screened, some government saying to the states ‘‘we vides funding for states to screen low- women did not get treated at all, some will help you provide treatment serv- income uninsured women for breast refused treatment, and some experi- ices to these women, if you decide to do and cervical cancer. However, the CDC enced delays. While states and local- so.’’ By choosing this option, states program is not designed and does not ities have been diligent and creative in would in effect, extend the federal- have funding to treat these women finding treatment services for these state partnership that exists for the after they are diagnosed. women, the reality is that the system screening services in the CDC program The women eligible for cancer is overloaded. The CDC study found to treatment services. screening under the CDC program are that when it came to treatment serv- I’m proud that my own state of low-income individuals, yet are not ices, state efforts to obtain these serv- Maryland realized the importance of poor enough to qualify for Medicaid ices were short-term, labor-intensive providing treatment services to women coverage. They do not have health in- solutions that diverted resources away who were screened through the CDC surance coverage for these screenings from screening activities. screening program. Maryland appro- and for subsequent cancer treatment. Of those women diagnosed with can- priated over $6 million in state funds to From July of 1991 to September of cer in the United States, nearly 3,000 establish a Breast and Cervical Cancer 1997, the CDC program provided mam- women have no way to afford treat- Diagnostic and Treatment Program for mography screening to 722,000 women ment—they have no health care insur- uninsured, low income women. The and diagnosed 3,600 cases of breast can- ance coverage or are underinsured. One breast cancer mortality rate in Mary- cer. During this same period, the pro- woman in Massachusetts reported that land has started to decline, in part be- gram also provided over 852,000 pap she cashed in her life insurance policy cause of programs like the CDC pro- smears and found more than 400 cases to cover the costs of her treatment. gram. But not all states have the re- of invasive cervical cancer. These women depend on the time of sources to do what Maryland has done. The CDC screening program has had staff and volunteers who help them That’s why this bill is needed. It pro- to divert a significant amount of its re- find free or more affordable treatment; vides a long-term solution. Screening sources from screenings in order to find they depend on the generosity of doc- alone does not prevent cancer deaths; treatment for the women found to have

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2946 CONGRESSIONAL RECORD — SENATE March 18, 1999 breast and cervical cancer. The lack of see it die in the House of Representa- Recognizing the recurrent problem of subsequent funding for treatment has, tives. I am confident that with the landfill capacity in Pennsylvania, since therefore, jeopardized the programs’ strong leadership of my colleagues 1989 I have pushed to resolve the inter- primary function: to screen low-income Chairman CHAFEE and Senator SMITH, state waste crisis. I have introduced uninsured women for breast and cer- we can get quick action on a strong legislation with my late colleague, vical cancer. Currently, the program waste bill and pressure the House to Senator JOHN HEINZ, and then with screens only about 12 to 15 percent of conclude this effort once and for all. former Senator Dan Coats along with all eligible women. As you are aware, the Supreme Court cosponsors from both sides of the aisle A study conducted at Battelle Cen- has put us in the position of having to which would have authorized States to ters for Public Health Research and intervene in the issue of trash ship- restrict the disposal of out-of-State Evaluation and the University of ments. In recent years, the Court has municipal waste in any landfill or in- Michigan School of Public Health on struck down State laws restricting the cinerator within its jurisdiction. I was treatment funding for women screened importation of solid waste from other pleased when many of the concepts in by the CDC program found that, al- jurisdictions under the Interstate Com- our legislation were incorporated in though funding for treatment services merce Clause of the U.S. Constitution. the Environment and Public Works were found for most of these women, The only solution is for Congress to Committee’s reported bills in the 103rd treatment was not always available enact legislation conferring such au- and 104th Congresses, and I supported when needed. In addition, during the thority on the States, which would these measures during floor consider- search for treatment funding, the CDC then be Constitutional. ation. It is time that the largest trash ex- program lost contact with several During the 103rd Congress, we en- porting States bite the bullet and take women. The study also found that the countered a new issue with respect to substantial steps towards self-suffi- sources of treatment funding are un- municipal solid waste—the issue of ciency for waste disposal. The legisla- certain, tenuous and fragmented. The waste flow control authority. On May tion passed by the Senate in the 103rd burden of funding treatment often fell 16, 1994, the Supreme Court held (6–3) in and 104th Congresses would have pro- upon providers themselves. Seeking Carbone versus Clarkstown that a flow vided much-needed relief to Pennsyl- control ordinance, which requires all charity care from public hospitals adds vania, which is by far the largest im- to hospitals’ uncompensated care costs. solid waste to be processed at a des- porter of out-of-State waste in the na- ignated waste management facility, It is no surprise that the National As- tion. According to the Pennsylvania sociation of Public Hospitals supports violates the Commerce Clause of the Department of Environmental Protec- United States Constitution. In striking our bill to provide coverage for these tion, 3.9 million tons of out-of-State women. down the Clarkstown ordinance, the municipal solid waste entered Pennsyl- Court stated that the ordinance dis- The legislation would allow states to vania in 1993, rising to 4.3 million tons provide treatment coverage for low-in- criminated against interstate com- in 1994, 5.2 million in 1995, and a record merce by allowing only the favored op- come women who are screened and di- 6.3 million tons from out-of-State in erator to process waste that is within agnosed through the CDC program and 1996 and 1997, which are the most re- the town’s limits. As a result of the who are uninsured. States will have the cent statistics available. Most of this Court’s decision, flow control ordi- option to provide this coverage trash came from New York and New nances in Pennsylvania and other through its Medicaid program. States Jersey, with New York responsible for States are considered unconstitutional. choosing this option would receive an 2.7 million tons and New Jersey respon- enhanced match for the treatment cov- I have met with county commis- sible for 2.4 million tons in 1997, rep- sioners who have made clear that this erage, similar to the federal match pro- resenting 82 percent of the municipal issue is vitally important to the local vided to the state for the CDC screen- solid waste imported into Pennsyl- governments in Pennsylvania and my ing program. With this legislation, the vania. Federal Government will follow This is not a problem limited to one office has, over the past years received through on its intent to assist low-in- small corner of my State. Millions of numerous phone calls and letters from come women with breast and cervical tons of trash generated in other States individual Pennsylvania counties and cancer. find their final resting place in more municipal solid waste authorities that Mr. President, the Senate has ap- than 50 landfills throughout Pennsyl- support waste flow control legislation. proved this proposal in the past. A vania. Since 1988, flow control has been the similar provision was included in the Now, more than ever, we need legisla- primary tool used by Pennsylvania Senate version of the Balanced Budget tion which will go a long way toward counties to enforce solid waste plans bill. I urge the Senate to again support resolving the landfill problems facing and meet waste reduction and recy- this important legislation.∑ Pennsylvania, Indiana, and similar cling goals or mandates. Many Penn- waste importing States. I am particu- sylvania jurisdictions have spent a con- By Mr. SPECTER: larly concerned by the developments in siderable amount of public funds on S. 663. A bill to impose certain limi- New York, where Governor Pataki and disposal facilities, including upgraded tations on the receipt of out-of-State Mayor Giuliani have announced the sanitary landfills, state-of-the-art re- municipal solid waste, to authorize closure of the City’s one remaining source recovery facilities, and co- State and local controls over the flow landfill, Fresh Kills, in 2001. I am ad- composting facilities. In the absence of of municipal solid waste, and for other vised that 13,200 tons per day of New flow control authority, I am advised purposes; to the Committee on Envi- York City trash are sent there and that that many of these worthwhile projects ronment and Public Works. Pennsylvania is a likely destination could be jeopardized and that there has THE SOLID WASTE INTERSTATE TRANSPOR- once Fresh Kills begins its shut-down. been a fiscal impact on some commu- TATION AND LOCAL AUTHORITY ACT OF 1999 On several occasions, I have met with nities where there are debt service ob- ∑ Mr. SPECTER. Mr. President, I have country officials, environmental ligations. sought recognition to introduce a bill groups, and other Pennsylvanians to In order to fix these problems, my that would allow states to pass laws discuss the solid waste issue specifi- legislation would provide a presump- limiting the import of waste from cally, and it often comes up in the pub- tive ban on all out-of-state municipal other states. Addressing the interstate lic open house town meetings I conduct solid waste, including construction and shipment of solid waste is a top envi- in all of Pennsylvania’s 67 counties. I demolition debris, unless a landfill ob- ronmental priority for millions of came away from those meetings im- tains the agreement of the local gov- Americans, millions of Pennsylvanians pressed by the deep concerns expressed ernment to allow for the importation and for me. As you are aware, Congress by the residents of communities which of waste. It would provide a freeze au- came very close to enacting legislation host a landfill rapidly filing up with thority to allow a State to place a to address this issue in 1994, and the the refuse of millions of New Yorkers limit on the amount of out-of-state Senate passed interstate waste and and New Jerseyans whose States have waste received annually at each facil- flow control legislation in May, 1995 by failed to adequately manage the waste ity. It would also provide a ratchet au- an overwhelming 94–6 margin, only to they generate. thority to allow a State to gradually

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2947 reduce the amount of out-of-state mu- mixed use project that was once a dere- habilitated older home more affordable nicipal waste that may be received at lict paper mill in Appleton, WI, and the for homebuyers of modest incomes. It facilities. These provisions will provide Rosa True School, an eight-unit low will encourage more affluent families a concrete incentive for the largest and moderate income rental project in to claim a stake in older towns and states to get a handle on their solid an historic school building in Portland, neighborhoods. It affords fiscally waste management immediately. To ME. stressed cities and towns a way to put address the problem of flow control my In my own state of Rhode Island, fed- abandoned buildings back on the tax bill would provide authority to allow eral tax incentives stimulated the re- rolls, while strengthening their income local governments to designate where habilitation and commercial reuse of and sales tax bases. It offers devel- privately collected waste must be dis- more than three hundred historic prop- opers, realtors, and homebuilders a new posed. This would be a narrow fix for erties. The properties saved include the realm of economic opportunity in revi- only those localities that constructed Hotel Manisses on Block Island, the talizing decaying buildings. facilities before the 1994 Supreme former Valley Falls Mills complex in In addition to preserving our herit- Court ruling and who relied on their Central Falls, and the Honan Block in age, extending this credit will provide ability to regulate the flow of garbage Woonsocket. an important supplemental benefit—it The legislation that I am introducing to pay for their municipal bonds. will boost the economy. Every dollar of This is an issue that affects numer- builds on the familiar structure of the federal investment in historic rehabili- ous states, and I urge my colleagues to existing tax credit, but with a different tation leverages many more from the support this very important legisla- focus and a more modest scope and private sector. Rhode Island, for exam- tion.∑ cost. It is designed to empower the one ple, has used the credit to leverage $252 major constituency that has been million in private investment. This in- By Mr. CHAFEE (for himself, Mr. barred from using the existing credit— vestment has created more than 10,000 GRAHAM, Mr. JEFFORDS, and Mr. homeowners. Only those persons who jobs and $187 million in wages. BREAUX): rehabilitate or purchase a newly reha- An increasing concern to many may- S. 664. A bill to amend the Internal bilitated home and occupy it as their ors, country executives and governors Revenue Code of 1986 to provide a cred- principal residence would be entitled to is the issue of urban sprawl. Wherein it against income tax to individuals this new credit. There would be no pas- new housing is constructed on nearby who rehabilitate historic homes or who sive losses, no tax shelters and no syn- farmland, older housing stock is aban- are the first purchasers of rehabilitated dications under this bill. doned. This legislation encourages the historic homes for use as a principal Like the existing investment credit, rehabilitation of that housing stock the bill would provide a credit to home- residence; to the Committee on Fi- and will help curb urban sprawl. nance. owners equal to 20 percent of the quali- The American dream of owning one’s fied rehabilitation expenditures made THE HISTORIC HOMEOWNERSHIP ASSISTANCE ACT own home is a powerful force. This bill ∑ Mr. CHAFEE. Mr. President, all on an eligible building which is used as can help it come true for those who are across America, in the small towns and a principal residence by the owner. Eli- prepared to make a personal commit- great cities of this country, our herit- gible buildings are those individually ment to join in the rescue of our price- age as a nation—the physical evidence listed on the National Register of His- less heritage. By their actions they can toric Places or on a nationally cer- of our past—is at risk. In virtually help to revitalize decaying resources of tified state or local historic register, or every corner of this land, homes in historic importance, create jobs and are contributing buildings in national, which grandparents and parents grew stimulate economic development, and state or local historic districts. As is up, communities and neighborhoods restore to our older towns and cities a the case with the existing credit, the that nurtured vibrant families, schools lost sense of purpose and community. I rehabilitation work would have to be that were good places to learn and ask that a summary of this bill be performed in compliance with the Sec- churches and synagogues that were printed in the RECORD. retary of the Interior’s Standards for filled on days of prayer, have suffered The summary follows: Rehabilitation, although the bill clari- the ravages of abandonment and decay. THE HISTORIC HOMEOWNERSHIP ASSISTANCE fies that such Standards should be in- In the decade from 1980 to 1990, Chi- ACT—SUMMARY terpreted in a manner that takes into cago lost 41,000 housing units through Purpose. To provide homeownership incen- consideration economic and technical abandonment, Philadelphia 10,000 and tives and opportunities through the rehabili- feasibility. tation of older buildings in historic districts. St. Louis 7,000. The story in our older The bill also allows lower income small communities has been the same, Rate of Credit. 20% credit for expenditures homebuyers, who may not have suffi- to rehabilitate or purchase a newly-rehabili- and the trend continues. It is impor- cient federal income tax liability to tated eligible home and occupy it as a prin- tant to understand that it is not just use a tax credit, to convert the credit cipal residence. buildings that we are losing. It is the to mortgage assistance. The legislation Eligible Buildings. Eligible buildings would sense of our past, the vitality of our would permit such persons to receive be buildings individually listed on the Na- tional Register of Historic Places or a na- communities and the shared values of an Historic Rehabilitation Mortgage those precious places. tionally certified state or local register, and Credit Certificate which they can use contributing buildings in national, state or We need not stand hopelessly by as with their work bank to obtain a lower passive witnesses to the loss of these local historic districts. interest rate on their mortgage or to Maximum Credit: Minimum Expenditures. irreplaceable historic resources. We lower the amount of their downpay- The amount of the credit would be limited to can act, and to that end I am intro- ment. $40,000 for each principal residence. The ducing today the Historic Homeowner- The credit would be available for amount of qualified rehabilitation expendi- ship Assistance Act along with my dis- condominiums and coops, as well as tures would be required to exceed the greater tinguished colleagues, Senator GRAHAM single-family buildings. If a building is of $5,000 or the adjusted tax basis of the of Florida, Senator JEFFORDS, and Sen- building (excluding the land). At least five rehabilitated by a developer for resale, percent of the qualified rehabilitation ex- ator BREAUX. the credit would pass through to the This legislation is patterned after the penditures would have to be spent on the ex- homeowner. terior of the building. existing Historic Rehabilitation In- One goal of the bill is to provide in- Carry-Forward: Recapture. Any unused vestment Tax Credit. That legislation centives for middle- and upper-income amounts of credit would be carried forward has been enormously successful in families to return to older towns and until fully exhausted. In the event the tax- stimulating private investment in the cities. Therefore, the bill does not payer failed to maintain his or her principal rehabilitation of buildings of historic limit the tax benefits on the basis of residence in the building for five years, the importance all across the country. income. However, it does impose a cap credit would be subject to ratable recapture. Through its use we have been able to Historic Rehabilitation Mortgage Credit of $40,000 on the amount of credit Certificates. Lower income taxpayers, who save and re-use a rich and diverse array which may be taken for a principal res- may not have sufficient Federal Income Tax of historic buildings: landmarks such idence. liability to make effective use of a homeown- as Union Station right here in Wash- The Historic Homeownership Assist- ership credit would be able to convert the ington, DC, the Fox River Mills, a ance Act will make ownership of a re- credit into a mortgage credit certificate

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2948 CONGRESSIONAL RECORD — SENATE March 18, 1999 which can be used to obtain an interest rate owner. The amount of the credit would By Mr. COVERDELL (for himself, reduction on his or her home mortgage loan. be limited to $40,000 for each principal Mr. HAGEL, Mrs. HUTCHISON, For homes purchased in distressed areas, the residence. Eligible buildings would be Mr. KYL, Mr. INHOFE, and Mr. credit certificate could be used to lower an those that are listed individually on GRASSLEY): individual’s downpayment. In many distressed neighborhoods, the cost the National Register of Historic S. 665. A bill to amend the Congres- of rehabilitating a home and bringing it to Places, or a nationally certified state sional Budget and Impoundment Con- market significantly exceeds the value at or local register, and contributing trol Act of 1974 to prohibit the consid- which the property is appraised by the mort- buildings in national, state or local eration of retroactive tax increases; to gage lender. This gap imposes a significant historic districts. Recognizing that the the Committee on the Budget and the burden on a potential homeowner because states can best administer laws affect- Committee on Governmental Affairs, the required downpayment exceeds his or her ing unique communities, the act gives jointly, pursuant to the order of Au- means. The legislation permits the mortgage power to the Secretary of the Interior gust 4, 1977, that if one Committee re- credit certificate to be used to reduce the to work with states to implement a buyer’s down payment, rather than to reduce ports, the other Committee has 30 days the interest rate, in order to close this gap. number of provisions. to report or be discharged. This provision is limited to historic districts The bill also targets Americans at all COVERDELL RETROACTIVE TAX BAN PACKAGE which qualify as targeted under the existing economic levels. It provides lower in- Mr. COVERDELL. Mr. President, Mortgage Revenue Bond program or are lo- come Americans with the option to today I rise to offer a tax reform pack- cated in enterprise or empowerment zones.∑ elect a Mortgage Credit Certificate in age to provide greater tax fairness and ∑ Mr. GRAHAM. Mr. President, today I lieu of the tax credit. This certificate to protect citizens from retroactive join my good friend and colleague Sen- allows Americans who cannot take ad- taxation. This package includes three ator CHAFEE in support of the Historic vantage of the tax credit to reduce the initiatives: a constitutional amend- interest rate on the mortgage that se- Homeownership Assistance Act. This ment called the retroactive tax ban cures the purchase and rehabilitation bill will spur growth and preservation amendment, a bill to establish a new of historic neighborhoods across the of a historic home. The credit would also be available for budget point of order against retro- country by providing a limited tax active taxation, and a proposed Senate credit for qualified rehabilitation ex- condominiums and co-ops, as well as single-family buildings. If a building Rule change. penditures to historic homes. The first, the retroactive tax ban In virtually every corner of this land, were to be rehabilitated by a developer for sale to a homeowner, the credit amendment, is a constitutional amend- homes in which our grandparents and ment to prevent the Federal Govern- parents grew up, communities and would pass through to the homeowner. Since one purpose of the bill is to pro- ment from imposing any tax increase neighborhoods that nurtured vibrant retroactively. The amendment states families, schools that were good places vide incentives for middle-income and more affluent families to return to simply ‘‘No Federal tax shall be im- to learn and churches and synagogues posed for the period before the date of that were filled on days of prayer, have older towns and cities, the bill does not discriminate among taxpayers on the enactment.’’ We have heard directly suffered the ravages of decay. Every from the taxpayers, and looking back- year we lose thousands of historic basis of income. Mr. President, the time has come for ward for extra taxes is unacceptable. It housing units that are either demol- Congress to get serious about urban re- is not a fair way to deal with tax- ished or abandoned. We are losing both newal. For too long, we have sat on the payers. physical structures and the historic sidelines watching idly as our citizens In addition, I am introducing a bill past that these physical structures rep- slowly abandoned entire homes and that would create a point of order resent. neighborhoods in urban settings, leav- under the Budget Act against retro- The Historic Homeownership Assist- ing cities like Miami in Florida and active tax rate increases. Because ance Act will stimulate rehabilitation others around the nation in financial amending the Constitution can be a of historic homes while contributing to jeopardy. This legislation affords fis- very long prospect—just look at the the revitalization of urban commu- cally stressed cities and towns a way to decades-long effort on behalf of a bal- nities. The Federal tax credit provided put abandoned buildings back on the anced budget amendment—I believe in the legislation is modeled after the tax rolls, while strengthening their in- this legislation is necessary to provide existing Federal commercial historic come and sales tax base. It will encour- needed protection for American fami- rehabilitation tax credit. Since 1981, age more affluent families to claim a lies from the destabilizing effects of this commercial tax credit has facili- stake in older towns and neighbor- retroactive taxation. tated the preservation of many historic hoods. It offers developers, realtors, Finally, I am proposing a Senate structures such as Union Station in and homebuilders a new realm of eco- Rule change making it out of order for Washington, DC. In my home state of nomic opportunity in revitalizing de- the Senate to consider retroactive tax Florida, the existing Historic Rehabili- caying buildings. rate increases. tation Investment tax credit has re- The Historic Homeownership Assist- Both proposals, the point of order sulted in over 300 rehabilitation ance Act does not reinvent the wheel. under the Budget Act and the Senate projects since 1974. These projects In addition to the existing commercial Rule change, are modeled after the ex- range from the restoration of art deco historic rehabilitation credit, the pro- isting House Rules preventing that hotels in Miami Beach, to the preserva- posed bill incorporates features from body from considering retroactive tax- tion of Ybor City in Tampa and the several tax incentives for the preserva- ation. In other words, by virtue of the Springfield Historic District in Jack- tion of historic homes. Colorado, Mary- fact that the House cannot consider sonville. land, New Mexico, Rhode Island, Wis- legislation so too has the Senate been The tax credit, however, has never consin, and Utah have pioneered their de facto unable to consider retroactive applied to personal residences. This own successful versions of the historic tax rate increases. Now is the time for legislation that Senator CHAFEE and I preservation tax incentive for home- the Senate to come forward and incor- are cosponsoring is designed to em- ownership. porate this fact in its proceedings. power the one major constituency that At the federal level, this legislation It was clear to Thomas Jefferson that has been barred from using the existing would promote historic home preserva- the only way to preserve freedom was credit—homeowners. It is time we pro- tion nationwide, allowing future gen- to protect its citizens from oppressive vide this incentive to homeowners to erations of Americans to visit and re- taxation. Even the Russian Constitu- restore and preserve homes in Amer- side in homes that tell the unique his- tion does not allow you to tax retro- ica’s historic communities. tory of our communities. The Historic actively. Retroactive taxation is Like the existing investment credit, Homeownership Assistance Act will wrong, and it is morally incorrect. this bill would provide a credit to offer enormous potential for saving his- Families and businesses and commu- homeowners equal to 20 percent of a toric homes and bringing entire neigh- nities must know what the rules of the qualified rehabilitation expenditures borhoods back to life. I urge all my col- road are and that those rules will not made on an eligible building that is leagues to support this important piece change. They have to be able to plan used as a principle residence by the of legislation.∑ their lives, plan their families, and

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2949 plan their tax burdens in advance. non-governmental organizations in- relations based less on bilateral aid They cannot come to the end of a year volved in Africa. ties and more business relationships, and have a Congress of the United Mr. President, the AGOA is intended less on paternalism and more on part- States and a President come forward to promote greater economic self-reli- nerships, and one that builds upon the and say, ‘‘All your planning was for ance in Africa through enhanced pri- long term prospects of African soci- naught, and we don’t care.’’ vate sector activity and trade incen- eties rather than on short-term, reac- I encourage my Colleagues to join me tives for those countries meeting eligi- tive policies. in protecting taxpayers from retro- bility requirements and wishing to par- Many African societies have been un- active tax rate increases. ticipate. The bill authorizes the Presi- dergoing impressive political and eco- dent to grant duty-free treatment to nomic transformations. Africa’s eco- By Mr. LUGAR (for himself, Mr. certain products currently excluded nomic potential is substantial. There GRAMM, Mr. MCCAIN, Mr. from the GSP program, subject to the are more than 600 million people in DEWINE, Mr. HAGEL, Mr. sensitivity analysis of the Inter- sub-Sahara Africa, but Africa’s share of GRAMS, Mr. JEFFORDS, MS. LAN- national Trade Commission. It extends foreign annual direct investment com- DRIEU, and Mr. LIEBERMAN): the GSP program for Africa for 10 mands less than two percent of global S. 666. A bill to authorize a new trade years, a provision which is important direct investment flows. Much of that and investment policy for sub-Saharan for long-term business planning. capital comes from Europe which has The bill also would increase access to Africa; to the Committee on Finance. an established market and investment U.S. markets for African textiles and AFRICAN GROWTH AND OPPORTUNITY ACT (AGOA) presence in Africa. Nonetheless, several other products. It would remove U.S. ∑ Mr. LUGAR. Mr. President, I rise to African countries enjoy sustained eco- introduce the African Growth and Op- quotas on African textile imports which now amount to less than one nomic growth at or above 6%, despite portunity Act (AGOA). I’m pleased to the strains in the global economy that be joined by Senators MCCAIN, GRAMM, percent of our worldwide textile im- ports. The bill includes unusually began in Southeast Asia and spread to HAGEL, DEWINE and GRAMS as original other parts of the world. Indeed, U.S. cosponsors. Our bill is designed to pro- strong transshipment language that is the toughest ever proposed. The U.S. Trade with sub-Sahara Africa exceeds vide a broad U.S. policy framework to- our trade with all the states of the wards the nearly fifty countries in sub- International Trade Commission esti- mated last year that reducing tariffs former Soviet Union combined and the Sahara Africa. Specifically, the bill on textiles from Africa would have a potential for expansion will grow as seeks to develop active partnerships negligible effect on our economy but these economies expand and mature. with African countries through a set of would give a high boost to Africa’s The enhanced trade and private in- trade and investment initiatives and fledgling manufacturing base. The jobs vestment benefits in the bill will be incentives in exchange for a commit- and foreign exchange earnings that available to all African societies but ment from those countries to make the would be gained in Africa under this especially to those countries which un- transition to market economies. initiative will enable Africans to pur- dertake sustained economic reform, For decades U.S. policy towards Afri- chase more products from the United maintain acceptable human rights ca was based largely on a series of bi- States. practices and make progress towards lateral aid relationships. Our involve- In my judgement, the AGOA is a good governance. These standards are ment in Africa was influenced by stra- modest bill which, if adopted, could similar to those applied in other parts tegic considerations inherent in the have immodest results in Africa. It of the world. Indeed, without these cold war. Our assistance programs tar- takes a long-term view and provides a standards the private sector would be geted humanitarian crises and natural policy road map for achieving eco- unlikely to invest in Africa. disasters and they helped nurture a va- nomic growth and opportunity. It will The United States can play a signifi- riety of health, nutritional, edu- take some time for the initiatives em- cant role in helping promote Africa de- cational and agricultural programs. As bedded in this legislation to have a velopment. We have a historic oppor- important as these programs have measurable impact on economic tunity to help integrate African coun- been, they have not promoted much growth in Africa. Nonetheless, we need tries into the global economy, to re- economic development, fostered much to look ahead over the next decades think dependency on foreign assistance self-reliance or promoted political sta- and to assist wherever possible in the and to help strengthen civil society bility for the vast majority of the peo- development of those areas that have and economic and political institu- ple of sub-Sahara Africa. Nor have they not been successfully or fully inte- tions. No one believes this bill is a pan- particularly benefitted the American grated into the world economy. Much acea for Africa, but it is very much in economy. For these reasons, it is long of Africa falls into this category. My our interests to play a constructive past due that the United States re- bill is intended to help facilitate that role in the evolving economic transi- evaluate this policy. That is the pur- transition. Strategic planning now will tion in Africa. If the United States has pose of our bill. help create a better, more productive the vision to be a major player in Afri- Last year, a similar bill was intro- and prosperous future. ca’s economic and political improve- duced and passed in the House of Rep- Mr. President, our bill includes a ment, we will also be a major bene- resentatives but did not reach the floor number of other attractive provisions. ficiary. If we are successful, Africa will of the Senate. The bill has been intro- It includes two new private sector fi- provide new trade and investment op- duced last month in the House and the nanced funds—an equity fund and an portunities for the United States. It House committees have been active. infrastructure fund both of which will also improve the quality of life for Already, the bill is scheduled to be re- would be backed by the Overseas Pri- a broader segment of the people of Afri- ported by both the Ways and Means vate Investment Corporation (OPIC). If ca, a goal we must all support and ap- and International Relations Commit- successful, these funds will lead to im- plaud. tees very soon. I understand that it is provements in such areas as African Mr. President, I ask that the pro- scheduled for a floor vote in the House roads, telecommunications and power posed African Growth and Opportunity in the next several weeks. plants each of which can accelerate Act (AGOA) section-by-section descrip- The Administration supports this economic activity in Africa. It includes tion be printed in the RECORD. legislation because it mirrors its own provisions for enhanced visibility for The material follows: initiatives on Africa. Indeed, President Africa in our international delibera- S. 666 Clinton cited the initiative and the bill tions on trade and finance and in- Be it enacted by the Senate and House of Rep- in his last two State of the Union ad- creased technical assistance for eco- resentatives of the United States of America in dresses before the Congress. Virtually nomic management. It establishes a Congress assembled, all African Ambassadors have endorsed Forum to facilitate high level discus- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. this bill and are committed to working sions on trade and investment policies (a) SHORT TITLE.—This Act may be cited as to pass and enact it this year. Our bill between the U.S. and Africa. the ‘‘African Growth and Opportunity Act’’. enjoys support within the American Most importantly, our bill signals (b) TABLE OF CONTENTS.— business community and among many the start of a new era in U.S.-African Sec. 1. Short title; table of contents.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0655 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2950 CONGRESSIONAL RECORD — SENATE March 18, 1999 Sec. 2. Findings. SEC. 4. ELIGIBILITY REQUIREMENTS. proved economic opportunities for women as Sec. 3. Statement of policy. (a) IN GENERAL.—A sub-Saharan African entrepreneurs and employees, and promoting Sec. 4. Eligibility requirements. country shall be eligible to participate in and enabling the formation of capital to sup- Sec. 5. Sub-Saharan Africa defined. programs, projects, or activities, or receive port the establishment and operation of TITLE I—TRADE POLICY FOR SUB- assistance or other benefits under this Act if micro-enterprises. SAHARAN AFRICA the President determines that the country (6) Whether or not such country engages in Sec. 101. United States-Sub-Saharan Africa does not engage in gross violations of inter- activities that undermine United States na- Trade and Economic Coopera- nationally recognized human rights and has tional security or foreign policy interests. established, or is making continual progress tion Forum. (c) CONTINUING COMPLIANCE.— Sec. 102. United States-Sub-Saharan Africa toward establishing, a market-based econ- omy, such as the establishment and enforce- (1) MONITORING AND REVIEW OF CERTAIN Free Trade Area. COUNTRIES.—The President shall monitor and Sec. 103. Eliminating trade barriers and en- ment of appropriate policies relating to— review the progress of sub-Saharan African couraging exports. (1) promoting free movement of goods and countries in order to determine their current Sec. 104. Generalized system of preferences. services between the United States and sub- Sec. 105. Assistant United States trade rep- Saharan Africa and among countries in sub- or potential eligibility under subsection (a). resentative for Sub-Saharan Af- Saharan Africa; Such determinations shall be based on quan- rica. (2) promoting the expansion of the produc- titative factors to the fullest extent possible Sec. 106. Reporting requirement. tion base and the transformation of commod- and shall be included in the annual report re- ities and nontraditional products for exports quired by section 106. TITLE II—INTERNATIONAL FINANCIAL through joint venture projects between Afri- (2) INELIGIBILITY OF CERTAIN COUNTRIES.—A AND FOREIGN RELATIONS POLICY FOR can and foreign investors; SUB-SAHARAN AFRICA sub-Saharan African country described in (3) trade issues, such as protection of intel- paragraph (1) that has not made continual Sec. 201. International financial institutions lectual property rights, improvements in progress in meeting the requirements with and debt reduction. standards, testing, labeling and certifi- which it is not in compliance shall be ineli- Sec. 202. Executive branch initiatives. cation, and government procurement; gible to participate in programs, projects, or Sec. 203. Sub-Saharan Africa Infrastructure (4) the protection of property rights, such activities, or receive assistance or other ben- Fund. as protection against expropriation and a efits, under this Act. Sec. 204. Overseas Private Investment Cor- functioning and fair judicial system; poration and Export-Import (5) appropriate fiscal systems, such as re- SEC. 5. SUB-SAHARAN AFRICA DEFINED. Bank initiatives. ducing high import and corporate taxes, con- Sec. 205. Expansion of the United States and For purposes of this Act, the terms ‘‘sub- trolling government consumption, participa- Saharan Africa’’, ‘‘sub-Saharan African foreign commercial service in tion in bilateral investment treaties, and the country’’, ‘‘country in sub-Saharan Africa’’, Sub-Saharan Africa. harmonization of such treaties to avoid dou- Sec. 206. Donation of air traffic control ble taxation; and ‘‘countries in sub-Saharan Africa’’ refer equipment to eligible Sub-Sa- (6) foreign investment issues, such as the to the following or any successor political haran African countries. provision of national treatment for foreign entities: SEC. 2. FINDINGS. investors, removing restrictions on invest- Republic of Angola (Angola) The Congress finds that it is in the mutual ment, and other measures to create an envi- Republic of Botswana (Botswana) economic interest of the United States and ronment conducive to domestic and foreign Republic of Burundi (Burundi) sub-Saharan Africa to promote stable and investment; Republic of Cape Verde (Cape Verde) sustainable economic growth and develop- (7) supporting the growth of regional mar- Republic of Chad (Chad) ment in sub-Saharan Africa and that sus- kets within a free trade area framework; Democratic Republic of Congo tained economic growth in sub-Saharan Afri- (8) governance issues, such as eliminating Republic of the Congo (Congo) ca depends in large measure upon the devel- government corruption, minimizing govern- Republic of Djibouti (Djibouti) opment of a receptive environment for trade ment intervention in the market such as State of Eritrea (Eritrea) and investment. To that end, the United price controls and subsidies, and stream- Gabonese Republic (Gabon) States seeks to facilitate market-led eco- lining the business license process; Republic of Ghana (Ghana) nomic growth in, and thereby the social and (9) supporting the growth of the private Republic of Guinea-Bissau (Guinea-Bissau) economic development of, the countries of sector, in particular by promoting the emer- Kingdom of Lesotho (Lesotho) sub-Saharan Africa. In particular, the United gence of a new generation of African entre- Republic of Madagascar (Madagascar) States seeks to assist sub-Saharan African preneurs; Republic of Mali (Mali) countries, and the private sector in those (10) encouraging the private ownership of Republic of Mauritius (Mauritius) countries, to achieve economic self-reliance government-controlled economic enterprises Republic of Namibia (Namibia) by— through divestiture programs; and Federal Republic of Nigeria (Nigeria) (1) strengthening and expanding the pri- (11) observing the rule of law, including Democratic Republic of Sao Tome´ and vate sector in sub-Saharan Africa, especially equal protection under the law and the right Principe (Sao Tome´ and Principe) women-owned businesses; to due process and a fair trial. Republic of Sierra Leone (Sierra Leone) (2) encouraging increased trade and invest- (b) ADDITIONAL FACTORS.—In determining Somalia ment between the United States and sub-Sa- whether a sub-Saharan African country is el- Kingdom of Swaziland (Swaziland) haran Africa; igible under subsection (a), the President Republic of Togo (Togo) (3) reducing tariff and nontariff barriers shall take into account the following factors: Republic of Zimbabwe (Zimbabwe) and other trade obstacles; (1) An expression by such country of its de- Republic of Benin (Benin) (4) expanding United States assistance to sire to be an eligible country under sub- Burkina Faso (Burkina) sub-Saharan Africa’s regional integration ef- section (a). Republic of Cameroon (Cameroon) forts; (2) The extent to which such country has Central African Republic (5) negotiating free trade areas; made substantial progress toward— Federal Islamic Republic of the Comoros (6) establishing a United States-Sub-Saha- (A) reducing tariff levels; (Comoros) ran Africa Trade and Investment Partner- (B) binding its tariffs in the World Trade Republic of Coˆ te d’Ivoire (Coˆ te d’Ivoire) ship; Organization and assuming meaningful bind- Republic of Equatorial Guinea (Equatorial (7) focusing on countries committed to ac- ing obligations in other sectors of trade; and Guinea) countable government, economic reform, and (C) eliminating nontariff barriers to trade. Ethiopia the eradication of poverty; (3) Whether such country, if not already a Republic of the Gambia (Gambia) (8) establishing a United States-Sub-Saha- member of the World Trade Organization, is Republic of Guinea (Guinea) ran Africa Economic Cooperation Forum; actively pursuing membership in that Orga- Republic of Kenya (Kenya) and nization. Republic of Liberia (Liberia) (9) continuing to support development as- (4) Where applicable, the extent to which Republic of Malawi (Malawi) sistance for those countries in sub-Saharan such country is in material compliance with Islamic Republic of Mauritania (Mauri- Africa attempting to build civil societies. its obligations to the International Mone- tania) SEC. 3. STATEMENT OF POLICY. tary Fund and other international financial Republic of Mozambique (Mozambique) The Congress supports economic self-reli- institutions. Republic of Niger (Niger) ance for sub-Saharan African countries, par- (5) The extent to which such country has a Republic of Rwanda (Rwanda) ticularly those committed to— recognizable commitment to reducing pov- Republic of Senegal (Senegal) (1) economic and political reform; erty, increasing the availability of health Republic of Seychelles (Seychelles) (2) market incentives and private sector care and educational opportunities, the ex- Republic of South Africa (South Africa) growth; pansion of physical infrastructure in a man- Republic of Sudan (Sudan) (3) the eradication of poverty; and ner designed to maximize accessibility, in- United Republic of Tanzania (Tanzania) (4) the importance of women to economic creased access to market and credit facilities Republic of Uganda (Uganda) growth and development. for small farmers and producers, and im- Republic of Zambia (Zambia)

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2951 TITLE I—TRADE POLICY FOR SUB- lished, or free trade agreements should be cent annually of total imports of textile and SAHARAN AFRICA entered into, in order to serve as the cata- apparel to the United States. If these exports SEC. 101. UNITED STATES-SUB-SAHARAN AFRICA lyst for increasing trade between the United from sub-Saharan Africa remain around 3 TRADE AND ECONOMIC COOPERA- States and sub-Saharan Africa and increas- percent of total imports, they will not rep- TION FORUM. ing private sector development in sub-Saha- resent a threat to United States workers, (a) DECLARATION OF POLICY.—The President ran Africa. consumers, or manufacturers. shall convene annual high-level meetings be- (b) PLAN REQUIREMENT.— (b) SENSE OF THE CONGRESS.—It is the sense tween appropriate officials of the United (1) IN GENERAL.—The President, taking of the Congress that— States Government and officials of the gov- into account the provisions of the treaty es- (1) it would be to the mutual benefit of the ernments of sub-Saharan African countries tablishing the African Economic Community countries in sub-Saharan Africa and the in order to foster close economic ties be- and the willingness of the governments of United States to ensure that the commit- tween the United States and sub-Saharan Af- sub-Saharan African countries to engage in ments of the World Trade Organization and rica. negotiations to enter into free trade agree- associated agreements are faithfully imple- ments, shall develop a plan for the purpose of (b) ESTABLISHMENT.—Not later than 12 mented in each of the member countries, so entering into one or more trade agreements months after the date of the enactment of as to lay the groundwork for sustained with sub-Saharan African countries eligible this Act, the President, after consulting with growth in textile and apparel exports and under section 4 in order to establish a United Congress and the governments concerned, trade under agreed rules and disciplines; States–Sub-Saharan Africa Free Trade Area shall establish a United States-Sub-Saharan (2) reform of trade policies in sub-Saharan (in this section referred to as the ‘‘Free Africa Trade and Economic Cooperation Africa with the objective of removing struc- Trade Area’’). Forum (in this section referred to as the tural impediments to trade, consistent with (2) ELEMENTS OF PLAN.—The plan shall in- ‘‘Forum’’). obligations under the World Trade Organiza- clude the following: (c) REQUIREMENTS.—In creating the Forum, tion, can assist the countries of the region in (A) The specific objectives of the United the President shall meet the following re- achieving greater and greater diversification States with respect to the establishment of quirements: of textile and apparel export commodities the Free Trade Area and a suggested time- (1) The President shall direct the Secretary and products and export markets; and table for achieving those objectives. of Commerce, the Secretary of the Treasury, (3) the President should support textile and (B) The benefits to both the United States the Secretary of State, and the United apparel trade reform in sub-Saharan Africa and sub-Saharan Africa with respect to the States Trade Representative to host the first by, among other measures, providing tech- Free Trade Area. annual meeting with the counterparts of nical assistance, sharing of information to (C) A mutually agreed-upon timetable for such Secretaries from the governments of expand basic knowledge of how to trade with establishing the Free Trade Area. sub-Saharan African countries eligible under the United States, and encouraging business- (D) The implications for and the role of re- section 4, the Secretary General of the Orga- to-business contacts with the region. gional and sub-regional organizations in sub- nization of African Unity, and government (c) TREATMENT OF QUOTAS.— Saharan Africa with respect to the Free officials from other appropriate countries in (1) KENYA AND MAURITIUS.—Pursuant to the Trade Area. Africa, to discuss expanding trade and in- Agreement on Textiles and Clothing, the (E) Subject matter anticipated to be cov- vestment relations between the United United States shall eliminate the existing ered by the agreement for establishing the States and sub-Saharan Africa and the im- quotas on textile and apparel exports to the Free Trade Area and United States laws, pro- plementation of this Act including encour- United States— grams, and policies, as well as the laws of aging joint ventures between small and large (A) from Kenya within 30 days after that participating eligible African countries and businesses. country adopts an efficient visa system to existing bilateral and multilateral and eco- (2)(A) The President, in consultation with guard against unlawful transshipment of tex- nomic cooperation and trade agreements, the Congress, shall encourage United States tile and apparel goods and the use of coun- that may be affected by the agreement or nongovernmental organizations to host an- terfeit documents; and agreements. nual meetings with nongovernmental organi- (B) from Mauritius within 30 days after (F) Procedures to ensure the following: zations from sub-Saharan Africa in conjunc- that country adopts such a visa system. (i) Adequate consultation with the Con- tion with the annual meetings of the Forum gress and the private sector during the nego- The Customs Service shall provide the nec- for the purpose of discussing the issues de- tiation of the agreement or agreements for essary technical assistance to Kenya and scribed in paragraph (1). establishing the Free Trade Area. Mauritius in the development and implemen- (B) The President, in consultation with the (ii) Consultation with the Congress regard- tation of those visa systems. Congress, shall encourage United States rep- ing all matters relating to implementation (2) OTHER SUB-SAHARAN COUNTRIES.—The resentatives of the private sector to host an- of the agreement or agreements. President shall continue the existing no nual meetings with representatives of the (iii) Approval by the Congress of the agree- quota policy for countries in sub-Saharan Af- private sector from sub-Saharan Africa in ment or agreements. rica. The President shall submit to the Con- conjunction with the annual meetings of the (iv) Adequate consultations with the rel- gress, not later than March 31 of each year, Forum for the purpose of discussing the evant African governments and African re- a report on the growth in textiles and ap- issues described in paragraph (1). gional and subregional intergovernmental parel exports to the United States from (3) The President shall, to the extent prac- organizations during the negotiations of the countries in sub-Saharan Africa in order to ticable, meet with the heads of governments agreement or agreements. protect United States consumers, workers, of sub-Saharan African countries eligible (c) REPORTING REQUIREMENT.—Not later and textile manufacturers from economic in- under section 4 not less than once every two than 12 months after the date of the enact- jury on account of the no quota policy. years for the purpose of discussing the issues ment of this Act, the President shall prepare (d) CUSTOMS PROCEDURES AND ENFORCE- described in paragraph (1). The first such and transmit to the Congress a report con- MENT.— meeting should take place not later than taining the plan developed pursuant to sub- (1) ACTIONS BY COUNTRIES AGAINST TRANS- twelve months after the date of the enact- section (b). SHIPMENT AND CIRCUMVENTION.—The Presi- ment of this Act. SEC. 103. ELIMINATING TRADE BARRIERS AND dent should ensure that any country in sub- (d) DISSEMINATION OF INFORMATION BY ENCOURAGING EXPORTS. Saharan Africa that intends to export textile USIA.—In order to assist in carrying out the (a) FINDINGS.—The Congress makes the fol- and apparel goods to the United States— purposes of the Forum, the United States In- lowing findings: (A) has in place a functioning and effective formation Agency shall disseminate regu- (1) The lack of competitiveness of sub-Sa- visa system and domestic laws and enforce- larly, through multiple media, economic in- haran Africa in the global market, especially ment procedures to guard against unlawful formation in support of the free market eco- in the manufacturing sector, make it a lim- transshipment of textile and apparel goods nomic reforms described in this Act. ited threat to market disruption and no and the use of counterfeit documents; and (e) AUTHORIZATION OF APPROPRIATIONS.— threat to United States jobs. (B) will cooperate fully with the United There are authorized to be appropriated such (2) Annual textile and apparel exports to States to address and take action necessary sums as may be necessary to carry out this the United States from sub-Saharan Africa to prevent circumvention, as provided in Ar- section. represent less than 1 percent of all textile ticle 5 of the Agreement on Textiles and (f) LIMITATION ON USE OF FUNDS.—None of and apparel exports to the United States, Clothing. the funds authorized under this section may which totaled $54,001,863,000 in 1997. (2) PENALTIES AGAINST EXPORTERS.—If the be used to create or support any nongovern- (3) Sub-Saharan Africa has limited textile President determines, based on sufficient mental organization for the purpose of ex- manufacturing capacity. During 1999 and the evidence, that an exporter has willfully fal- panding or facilitating trade between the succeeding 4 years, this limited capacity to sified information regarding the country of United States and sub-Saharan Africa. manufacture textiles and apparel is pro- origin, manufacture, processing, or assembly SEC. 102. UNITED STATES–SUB-SAHARAN AFRICA jected to grow at a modest rate. Given this of a textile or apparel article for which duty- FREE TRADE AREA. limited capacity to export textiles and ap- free treatment under section 503(a)(1)(C) of (a) DECLARATION OF POLICY.—The Congress parel, it will be very difficult for these ex- the Trade Act of 1974 is claimed, then the declares that a United States–Sub-Saharan ports from sub-Saharan Africa, during 1999 President shall deny to such exporter, and Africa Free Trade Area should be estab- and the succeeding 9 years, to exceed 3 per- any successors of such exporter, for a period

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of 2 years, duty-free treatment under such (d) EXTENSION OF PROGRAM.—Section 505 of tions to develop enhanced mechanisms which section for textile and apparel articles. the Trade Act of 1974 (19 U.S.C. 2465) is further the following goals in eligible coun- (3) APPLICABILITY OF UNITED STATES LAWS amended to read as follows: tries in sub-Saharan Africa: AND PROCEDURES.—All provisions of the laws, ‘‘SEC. 505. DATE OF TERMINATION. (1) Strengthening and expanding the pri- regulations, and procedures of the United ‘‘(a) COUNTRIES IN SUB-SAHARAN AFRICA.— vate sector, especially among women-owned States relating to the denial of entry of arti- No duty-free treatment provided under this businesses. cles or penalties against individuals or enti- title shall remain in effect after June 30, (2) Reducing tariffs, nontariff barriers, and ties for engaging in illegal transshipment, 2009, with respect to beneficiary developing other trade obstacles, and increasing eco- fraud, or other violations of the customs countries that are eligible countries in sub- nomic integration. laws shall apply to imports from Sub-Saha- Saharan Africa. (3) Supporting countries committed to ac- ran countries. ‘‘(b) OTHER COUNTRIES.—No duty-free countable government, economic reform, the (4) MONITORING AND REPORTS TO CON- treatment provided under this title shall re- eradication of poverty, and the building of GRESS.—The Customs Service shall monitor main in effect after June 30, 1999, with re- civil societies. and the Commissioner of Customs shall sub- spect to beneficiary developing countries (4) Supporting deep debt reduction at the mit to the Congress, not later than March 31 other than those provided for in subsection earliest possible date with the greatest of each year, a report on the effectiveness of (a).’’. amount of relief for eligible poorest coun- the visa systems described in subsection (e) DEFINITION.—Section 507 of the Trade tries under the ‘‘Heavily Indebted Poor (c)(1) and paragraph (1) of this subsection Act of 1974 (19 U.S.C. 2467) is amended by add- Countries’’ (HIPC) debt initiative. and on measures taken by countries in Sub- ing at the end the following: (b) SENSE OF CONGRESS.—It is the sense of Saharan Africa which export textiles or ap- ‘‘(6) ELIGIBLE COUNTRY IN SUB-SAHARAN AF- the Congress that relief provided to coun- parel to the United States to prevent cir- RICA.—The terms ‘eligible country in sub-Sa- tries in sub-Saharan Africa which qualify for cumvention as described in Article 5 of the haran Africa’ and ‘eligible countries in sub- the Heavily Indebted Poor Countries debt Agreement on Textiles and Clothing. Saharan Africa’ mean a country or countries initiative should primarily be made through (e) DEFINITION.—For purposes of this sec- that the President has determined to be eli- grants rather than through extended-term tion, the term ‘‘Agreement on Textiles and gible under section 4 of the African Growth debt, and that interim relief or interim fi- Clothing’’ means the Agreement on Textiles and Opportunity Act.’’. nancing should be provided for eligible coun- and Clothing referred to in section 101(d)(4) (f) EFFECTIVE DATE.—The amendments tries that establish a strong record of macro- of the Uruguay Round Agreements Act (19 made by this section take effect on July 1, economic reform. U.S.C. 3511(d)(4)). 1999. SEC. 104. GENERALIZED SYSTEM OF PREF- SEC. 105. ASSISTANT UNITED STATES TRADE REP- SEC. 202. EXECUTIVE BRANCH INITIATIVES. ERENCES. RESENTATIVE FOR SUB-SAHARAN (a) STATEMENT OF CONGRESS.—The Con- (a) PREFERENTIAL TARIFF TREATMENT FOR AFRICA. gress recognizes that the stated policy of the CERTAIN ARTICLES.—Section 503(a)(1) of the (a) SENSE OF CONGRESS.—It is the sense of executive branch in 1997, the ‘‘Partnership Trade Act of 1974 (19 U.S.C. 2463(a)(1)) is the Congress that the position of Assistant for Growth and Opportunity in Africa’’ ini- amended— United States Trade Representative for Afri- tiative, is a step toward the establishment of (1) by redesignating subparagraph (C) as can Affairs is integral to the United States a comprehensive trade and development pol- subparagraph (D); and commitment to increasing United States— icy for sub-Saharan Africa. It is the sense of (2) by inserting after subparagraph (B) the sub-Saharan African trade and investment. the Congress that this Partnership is a com- following: (b) MAINTENANCE OF POSITION.—The Presi- panion to the policy goals set forth in this ‘‘(C) ELIGIBLE COUNTRIES IN SUB-SAHARAN dent shall maintain a position of Assistant Act. AFRICA.—The President may provide duty- United States Trade Representative for Afri- (b) TECHNICAL ASSISTANCE TO PROMOTE free treatment for any article set forth in can Affairs within the Office of the United ECONOMIC REFORMS AND DEVELOPMENT.—In paragraph (1) of subsection (b) that is the States Trade Representative to direct and addition to continuing bilateral and multi- growth, product, or manufacture of an eligi- coordinate interagency activities on United lateral economic and development assist- ble country in sub-Saharan Africa that is a States-Africa trade policy and investment ance, the President shall target technical as- beneficiary developing country, if, after re- matters and serve as— sistance toward— ceiving the advice of the International Trade (1) a primary point of contact in the execu- (1) developing relationships between Commission in accordance with subsection tive branch for those persons engaged in United States firms and firms in sub-Saha- (e), the President determines that such arti- trade between the United States and sub-Sa- ran Africa through a variety of business as- cle is not import-sensitive in the context of haran Africa; and sociations and networks; imports from eligible countries in sub-Saha- (2) the chief advisor to the United States (2) providing assistance to the govern- ran Africa. This subparagraph shall not af- Trade Representative on issues of trade with ments of sub-Saharan African countries to— fect the designation of eligible articles under Africa. (A) liberalize trade and promote exports; subparagraph (B).’’. (c) FUNDING AND STAFF.—The President (b) RULES OF ORIGIN.—Section 503(a)(2) of shall ensure that the Assistant United States (B) bring their legal regimes into compli- the Trade Act of 1974 (19 U.S.C. 2463(a)(2)) is Trade Representative for African Affairs has ance with the standards of the World Trade amended by adding at the end the following: adequate funding and staff to carry out the Organization in conjunction with member- ‘‘(C) ELIGIBLE COUNTRIES IN SUB-SAHARAN duties described in subsection (b), subject to ship in that Organization; AFRICA.—For purposes of determining the the availability of appropriations. (C) make financial and fiscal reforms; and percentage referred to in subparagraph (A) in (D) promote greater agribusiness linkages; SEC. 106. REPORTING REQUIREMENT. the case of an article of an eligible country (3) addressing such critical agricultural The President shall submit to the Con- in sub-Saharan Africa that is a beneficiary policy issues as market liberalization, agri- gress, not later than 1 year after the date of developing country— cultural export development, and agri- the enactment of this Act, and not later than ‘‘(i) if the cost or value of materials pro- business investment in processing and trans- the end of each of the next 6 1-year periods duced in the customs territory of the United porting agricultural commodities; thereafter, a comprehensive report on the States is included with respect to that arti- (4) increasing the number of reverse trade trade and investment policy of the United cle, an amount not to exceed 15 percent of missions to growth-oriented countries in States for sub-Saharan Africa, and on the the appraised value of the article at the time sub-Saharan Africa; implementation of this Act. The last report it is entered that is attributed to such (5) increasing trade in services; and required by section 134(b) of the Uruguay United States cost or value may be applied (6) encouraging greater sub-Saharan par- Round Agreements Act (19 U.S.C. 3554(b)) toward determining the percentage referred ticipation in future negotiations in the shall be consolidated and submitted with the to in subparagraph (A); and World Trade Organization on services and first report required by this section. ‘‘(ii) the cost or value of the materials in- making further commitments in their sched- cluded with respect to that article that are TITLE II—INTERNATIONAL FINANCIAL ules to the General Agreement on Trade in produced in any beneficiary developing coun- AND FOREIGN RELATIONS POLICY FOR Services in order to encourage the removal try that is an eligible country in sub-Saha- SUB-SAHARAN AFRICA of tariff and nontariff barriers. SEC. 201. INTERNATIONAL FINANCIAL INSTITU- ran Africa shall be applied in determining SEC. 203. SUB-SAHARAN AFRICA INFRASTRUC- TIONS AND DEBT REDUCTION. such percentage.’’. TURE FUND. (c) WAIVER OF COMPETITIVE NEED LIMITA- (a) BETTER MECHANISMS TO FURTHER GOALS TION.—Section 503(c)(2)(D) of the Trade Act FOR SUB-SAHARAN AFRICA.—It is the sense of (a) INITIATION OF FUNDS.—It is the sense of of 1974 (19 U.S.C. 2463(c)(2)(D)) is amended to the Congress that the Secretary of the the Congress that the Overseas Private In- read as follows: Treasury should instruct the United States vestment Corporation should exercise the ‘‘(D) LEAST-DEVELOPED BENEFICIARY DEVEL- Executive Directors of the International authorities it has to initiate an equity fund OPING COUNTRIES AND ELIGIBLE COUNTRIES IN Bank for Reconstruction and Development, or equity funds in support of projects in the SUB-SAHARAN AFRICA.—Subparagraph (A) the International Monetary Fund, and the countries in sub-Saharan Africa, in addition shall not apply to any least-developed bene- African Development Bank to use the voice to the existing equity fund for sub-Saharan ficiary developing country or any eligible and votes of the Executive Directors to en- Africa created by the Corporation. country in sub-Saharan Africa.’’. courage vigorously their respective institu- (b) STRUCTURE AND TYPES OF FUNDS.—

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(1) STRUCTURE.—Each fund initiated under thereafter, the Board of Directors of the Ex- market access for United States exporters of subsection (a) should be structured as a part- port-Import Bank of the United States shall goods and services; nership managed by professional private sec- submit to the Congress a report on the steps (4) facilitate the entrance by United States tor fund managers and monitored on a con- that the Board has taken to implement sec- businesses into the markets identified under tinuing basis by the Corporation. tion 2(b)(13)(B) of the Export-Import Bank paragraphs (1) and (2); and (2) CAPITALIZATION.—Each fund should be Act of 1945 (as added by paragraph (1)) and (5) monitor and evaluate the results of ef- capitalized with a combination of private eq- any recommendations of the advisory com- forts to increase the sales of goods and serv- uity capital, which is not guaranteed by the mittee established pursuant to such section. ices in such markets. Corporation, and debt for which the Corpora- SEC. 205. EXPANSION OF THE UNITED STATES (d) REPORTS TO CONGRESS.—Not later than tion provides guaranties. AND FOREIGN COMMERCIAL SERV- one year after the date of the enactment of (3) INFRASTRUCTURE FUND.—One or more of ICE IN SUB-SAHARAN AFRICA. this Act, and each year thereafter for five the funds, with combined assets of up to (a) FINDINGS.—The Congress makes the fol- years, the Secretary of Commerce, in con- $500,000,000, should be used in support of in- lowing findings: sultation with the Secretary of State, shall frastructure projects in countries of sub-Sa- (1) The United States and Foreign Com- report to the Congress on actions taken to haran Africa. mercial Service (hereafter in this section re- carry out subsections (b) and (c). Each report (4) EMPHASIS.—The Corporation shall en- ferred to as the ‘‘Commercial Service’’) plays shall specify— sure that the funds are used to provide sup- an important role in helping United States (1) in what countries full-time Commercial port in particular to women entrepreneurs businesses identify export opportunities and Service Officers are stationed, and the num- and to innovative investments that expand develop reliable sources of information on ber of such officers placed in each such coun- opportunities for women and maximize em- commercial prospects in foreign countries. try; ployment opportunities for poor individuals. (2) During the 1980s, the presence of the (2) the effectiveness of the presence of the SEC. 204. OVERSEAS PRIVATE INVESTMENT COR- Commercial Service in sub-Saharan Africa additional Commercial Service Officers in PORATION AND EXPORT-IMPORT consisted of 14 professionals providing serv- increasing United States exports to sub-Sa- BANK INITIATIVES. ices in eight countries. By early 1997, that haran African countries; and (a) OVERSEAS PRIVATE INVESTMENT COR- presence had been reduced by half to seven, (3) the specific actions taken by Commer- PORATION.— in only four countries. cial Service Officers, both in sub-Saharan Af- (1) ADVISORY COMMITTEE.—Section 233 of (3) Since 1997, the Department of Com- rican countries and in the United States, to the Foreign Assistance Act of 1961 (22 U.S.C. merce has slowly begun to increase the pres- carry out subsection (c), including identi- 2193) is amended by adding at the end the fol- ence of the Commercial Service in sub-Saha- fying a list of targeted export sectors and lowing: ran Africa, adding five full-time officers to countries. ‘‘(e) ADVISORY COMMITTEE.—The Board established posts. SEC. 206. DONATION OF AIR TRAFFIC CONTROL shall take prompt measures to increase the (4) Although the Commercial Service Offi- EQUIPMENT TO ELIGIBLE SUB-SAHA- loan, guarantee, and insurance programs, cers in these countries have regional respon- RAN AFRICAN COUNTRIES. and financial commitments, of the Corpora- sibilities, this kind of coverage does not ade- It is the sense of the Congress that, to the tion in sub-Saharan Africa, including quately service the needs of United States extent appropriate, the United States Gov- through the use of an advisory committee to businesses attempting to do business in sub- ernment should make every effort to donate assist the Board in developing and imple- Saharan Africa. to governments of sub-Saharan African menting policies, programs, and financial in- (5) The Congress has, on several occasions, countries (determined to be eligible under struments with respect to sub-Saharan Afri- encouraged the Commercial Service to focus section 4 of this Act) air traffic control ca. In addition, the advisory committee shall its resources and efforts in countries or re- equipment that is no longer in use, including make recommendations to the Board on how gions in Europe or Asia to promote greater appropriate related reimbursable technical the Corporation can facilitate greater sup- United States export activity in those mar- assistance. port by the United States for trade and in- kets. vestment with and in sub-Saharan Africa. (6) Because market information is not AFRICAN GROWTH AND OPPORTUNITY ACT The advisory committee shall terminate 4 widely available in many sub-Saharan Afri- (AGOA)—SECTION-BY-SECTION SUMMARY years after the date of the enactment of this can countries, the presence of additional Policy. The AGOA establishes as U.S. pol- subsection.’’. Commercial Service Officers and resources icy the creation of a transition path from de- (2) REPORTS TO THE CONGRESS.—Within 6 can play a significant role in assisting velopment assistance to economic self-reli- months after the date of the enactment of United States businesses in markets in those ance for those sub-Sahara countries com- this Act, and annually for each of the 4 years countries. mitted to economic and political reform, thereafter, the Board of Directors of the (b) APPOINTMENTS.—Subject to the avail- market incentives and private sector growth. Overseas Private Investment Corporation ability of appropriations, by not later than Eligibility requirements are established for shall submit to the Congress a report on the December 31, 2000, the Secretary of Com- participation in the programs and benefits of steps that the Board has taken to implement merce, acting through the Assistant Sec- the bill. The bill will not require any cuts or section 233(e) of the Foreign Assistance Act retary of Commerce and Director General of increases in the USAID budget. The bill in- of 1961 (as added by paragraph (1)) and any the United States and Foreign Commercial cludes separate Trade and Foreign Policy Ti- recommendations of the advisory board es- Service, shall take steps to ensure that— tles. tablished pursuant to such section. (1) at least 20 full-time Commercial Service (b) EXPORT-IMPORT BANK.— Free Trade Area. The AGOA directs the employees are stationed in sub-Saharan Afri- (1) ADVISORY COMMITTEE FOR SUB-SAHARAN President to develop a plan for trade agree- ca; and AFRICA.—Section 2(b) of the Export-Import ments to establish a U.S.-Sub Sahara Africa Bank Act of 1945 (12 U.S.C. 635(b)) is amended (2) full-time Commercial Service employ- Free Trade Area to provide an incentive for by inserting after paragraph (12) the fol- ees are stationed in not less than ten dif- increasing trade between the U.S. and Africa lowing: ferent sub-Saharan African countries. and to stimulate private sector development ‘‘(13)(A) The Board of Directors of the (c) COMMERCIAL SERVICE INITIATIVE FOR in the region. Bank shall take prompt measures, consistent SUB-SAHARAN AFRICA.—In order to encourage Trade Initiative. The AGOA would eliminate with the credit standards otherwise required the export of United States goods and serv- quotas on textiles and apparel from Kenya by law, to promote the expansion of the ices to sub-Saharan African countries, the and Mauritius after these countries adopt a Bank’s financial commitments in sub-Saha- Commercial Service shall make a special ef- visa system to guard against transshipment. ran Africa under the loan, guarantee, and in- fort to— It continues the existing no-quota policy in surance programs of the Bank. (1) identify United States goods and serv- Africa through 2005. Further, it authorizes ‘‘(B)(i) The Board of Directors shall estab- ices which are not being exported to sub-Sa- the President to grant duty-free treatment lish and use an advisory committee to advise haran African countries but which are being for certain products from Africa currently the Board of Directors on the development exported to those countries by competitor excluded from the GSP program, subject to and implementation of policies and programs nations; an import sensitivity analysis by the ITC, designed to support the expansion described (2) identify, where appropriate, trade bar- and extends the GSP program for Africa for in subparagraph (A). riers and noncompetitive actions, including 10 years. ‘‘(ii) The advisory committee shall make violations of intellectual property rights, U.S.-Africa Economic Forum. The AGOA recommendations to the Board of Directors that are preventing or hindering sales of would establish a U.S.-Africa Economic on how the Bank can facilitate greater sup- United States goods and services to, or the Forum to facilitate annual high level discus- port by United States commercial banks for operation of United States companies in, sions of bilateral and multilateral trade and trade with sub-Saharan Africa. sub-Saharan Africa; investment policies and initiatives. The ‘‘(iii) The advisory committee shall termi- (3) present, periodically, a list of the goods Forum would work with the private sector to nate 4 years after the date of the enactment and services identified under paragraph (1), develop a long term trade and investment of this subparagraph.’’. and any trade barriers or noncompetitive ac- agenda. (2) REPORTS TO THE CONGRESS.—Within 6 tions identified under paragraph (2), to ap- Equity and Investment Funds. The AGOA di- months after the date of the enactment of propriate authorities in sub-Saharan African rects OPIC to create a privately-funded $150 this Act, and annually for each of the 4 years countries with a view to securing increased million equity fund and privately-funded $500

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2954 CONGRESSIONAL RECORD — SENATE March 18, 1999 Million infrastructure fund for Africa. Both interdependence and economic growth than 40 million Americans cannot read funds would support innovative investment between countries that have been torn a menu, instructions, medicine labels policies to expand opportunities for women apart by war, disease, and harmful eco- or a newspaper. And, tragically, four and to maximize employment opportunities for the poor. nomic policies. By trading with the out of ten children in third grade can- Greater Attention to Africa. The AGOA calls United States and each other, these na- not read. for at least one member of the board of direc- tions will see the benefits of peace and For too long, Washington has been tors of the EX-IM Bank and the OPIC to have stability to economic growth. An inter- creating new educational programs extensive private sector experience in Africa. dependent and democratic Africa will which provide good sound-bites for Both the Bank and OPIC would establish pri- be less likely to suffer from civil strife. politicians, make great campaign slo- vate sector advisory committees with experi- I hope that my colleagues will join us ence in Africa and both would report periodi- gans, or serve the specific needs of se- cally to the Congress on their loan, guar- in supporting this legislation that will lect interests groups, but completely antee and insurance programs in Africa.∑ open up a new chapter in U.S.-African ignore the fundamental academic needs relations.∑ ∑ Mr. MCCAIN. Mr. President, I rise of our children. The time has come for today to support legislation introduced us to free our schools from the shack- By Mr. MCCAIN: les of the federal government and give by my esteemed colleague, Senator S. 667. A bill to improve and reform LUGAR. The African Growth and Oppor- them the freedom and the tools to edu- elementary and secondary education; cate children. tunity Act will create an historic new to the Committee on Finance. U.S. trade and investment policy for The first step is putting parents back EDUCATING AMERICA’S CHILDREN FOR Africa. in charge. Federal education dollars TOMORROW (ED-ACT) It is regrettable that the public per- should be spent where they do the most Mr. MCCAIN. President, centuries ception of Sub-Saharan Africa remains good. The ED-ACT would funnel mil- ago, Aristotle wrote, ‘‘All who have a region which is underdeveloped, poor, lions of dollars directly into our class- meditated in the art of governing man- ravaged by famine and wars, and ruled rooms, rather than wasting education kind have been convinced that the fate by authoritarian leaders. This is not an dollars on federal red tape. By sending of empires depends on the education of accurate picture of today’s Africa. federal elementary and secondary edu- the youth.’’ His words still hold true The Africa of the late 1990s is a con- cation funds directly to local education today. Educating our children is a crit- tinent struggling on the road to eco- agencies (LEAs), schools will be able to ical component in their quest for per- nomic and political reform. Some 30 utilize the funds for the unique needs sonal success and fulfillment, but it Sub-Saharan African countries are im- of their students rather than wasting also plays a pivotal role in the success plementing economic reforms, includ- their time jumping through hoops for of our nation economically, intellectu- ing liberalizing trade and investment government bureaucrats. Giving the ally, civically and morally. regimes, rationalizing tariff and ex- money directly to the LEAs with Like many Americans, I have grave change rates, and reducing barriers to strong accountability requirements for concerns about the current condition investment and stock market develop- the academic performance and im- of our nation’s education system. If a ment. In addition, more than 30 Sub- provement of our children is the right report card on our educational system Saharan African countries are also in thing to do. various stages of democratic trans- were sent home today, it would be full of unsatisfactory and incomplete We must have higher learning expec- formation that will allow their citizens tations for our children, but we cannot to have the same type of participation marks. In fact, it would be full of ‘‘D’s’’ and ‘‘F’s.’’ These abominable grades and should not have these standards in their governments that, as Ameri- controlled at the national level. States cans, we hold dear. Nigeria’s recent demonstrate our failure to meet the needs of our nation’s students in kin- and local communities must control election, despite its flaws, is a concrete the development, implementation and example of the movement toward de- dergarten through twelfth grade. Failure is clearly evident throughout assessment of academic standards. This mocracy in Africa. bill would prohibit federal funds from The African Growth and Opportunity the educational system. One prominent being used to develop or implement na- Act is an important piece of legislation illustration of our nation’s failure is tional education tests. National tests designed to promote continued reform seen in the results of the Third Inter- in Africa. The main strength of the bill national Mathematics and Science and standards only result in new bu- is its reliance on trade incentives, not Study (TIMSS.) Over forty countries reaucracies, depriving parents of the financial aid. These trade incentives participated in the 1996 study which opportunity to manage the education are intended to result in the political tested science and mathematical abili- of their children. and economic well-being of African ties of students in the fourth, eighth ED-ACT strengthens and reauthor- citizens. American companies are given and twelfth grades. Tragically, Amer- izes the successful Troops to Teachers incentives to invest in these countries, ican students scored lower than stu- program. As many of my colleagues and help them learn how to become dents in other countries. According to know, the Troops to Teachers program members of the world marketplace. this study, our twelfth graders scored was initially created in 1993 to assist For many years, we have poured our fi- near the bottom, placing 19th out of 21 military personnel affected by defense nancial resources into foreign aid pro- nations in math and 16th in science, downsizing who were interested in uti- grams that have met with limited suc- while scoring at the absolutely bottom lizing their knowledge, professional cess. This bill is based on the common- in physics. skills and expertise as teachers. Unfor- sense principle that if you give a na- Meanwhile, students in countries tunately, the authorization for this tion a handout, you feed it for a day, which are struggling economically, so- program is set to expire at the end of but if you teach it to grow and trade, cially and politically, such as Russia, this fiscal year. you assist it to reach permanent inde- outscored U.S. children in math and Local school districts across the city pendence and self-reliance. scored far above them in advanced are facing a shortage of two million There is also a benefit for the United math and physics. Clearly, we must teachers over the next decade, and the States in this legislation. Currently, make significant changes in our chil- Troops to Teachers program is an im- United States’ exports to Sub-Saharan dren’s academic performance in order portant resource to help schools ad- Africa are $6 billion, which support to remain a viable force in the world dress this shortfall by recruiting, fund- 100,000 American jobs. However, the economy. ing and retaining new teachers to U.S. has only a 7% share in the African We can also see our failure when we make America’s children ready for to- market, while Europe has a 40% share. look at the federal government’s ef- morrow, particularly in the areas of More U.S. trade and investment in forts to combat illiteracy. We spend math, reading and science. Sub-Saharan Africa will increase U.S. over $8 billion a year on programs to ED-ACT would also encourage states market share, and create more jobs eradicate illiteracy across the country. to ensure that all Americans are fluent here in the U.S. Yet, we have not seen any significant in English, while helping develop inno- More important, it should be pointed improvement in literacy in any seg- vative initiatives to promote the im- out that this legislation will foster ment of our population. Today, more portance of foreign language skills.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2955 The ability to speak one or more lan- that our children have both the love in have the meanings given the terms in sec- guages, in addition to English, is a tre- their hearts and the knowledge in their tion 14101 of the Elementary and Secondary mendous resource to the U.S. because heads to not only dream, but to make Education Act of 1965 (20 U.S.C. 8801 et seq.). (3) POVERTY LINE.—The term ‘‘poverty it enhances our competitiveness in their dreams a reality. line’’ means the poverty line (as defined by global markets. Multilingualism also Mr. President, I ask unanimous con- the Office of Management and Budget, and enhances our nation’s diplomatic ef- sent that a copy of this bill be printed revised annually in accordance with section forts and leadership role on the inter- in the RECORD. 673(2) of the Community Services Block national front by fostering greater There being no objection, the bill was Grant Act (42 U.S.C. 9902(2)) applicable to a communication and understanding be- ordered printed in the RECORD, as fol- family of the size involved. tween people of all nations and cul- lows: (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. tures. S. 667 (5) STATE.—The term ‘‘State’’ means each ED-ACT provides educational oppor- Be it enacted by the Senate and House of Rep- of the several States of the United States tunities for disadvantaged children by resentatives of the United States of America in and the District of Columbia. providing parents and students the Congress assembled, TITLE I—EMPOWERING PARENTS AND freedom to choose the best school for SECTION 1. SHORT TITLE; TABLE OF CONTENTS; STUDENTS DEFINITIONS. their unique academic needs, while en- SEC. 101. EMPOWERING PARENTS AND STU- couraging schools to be creative and (a) SHORT TITLE.—This Act may be cited as DENTS. responsive to the needs of all students. the ‘‘EDucating America’s Children for To- (a) DIRECT AWARDS TO LOCAL EDUCATIONAL morrow (ED–ACT)’’. This three-year demonstration would AGENCIES.— (b) TABLE OF CONTENTS.— allow up to ten states or localities to (1) IN GENERAL.—Notwithstanding any Sec. 1. Short title; table of contents; defini- other provision of law, for each fiscal year implement a voucher program empow- tions. the Secretary shall award the total amount ering low-income parents with more TITLE I—EMPOWERING PARENTS AND of funds described in paragraph (2) directly options for their child’s education. Par- STUDENTS to local educational agencies in accordance ents should be allowed to use their tax with paragraph (4) to enable the local edu- Sec. 101. Empowering parents and students. dollars to send their children to the cational agencies to carry out the authorized TITLE II—PROHIBITION REGARDING activities described in paragraph (5). school of their choice, public or pri- FUNDING FOR DEVELOPING OR IMPLE- vate. Tuition vouchers would give low- (2) APPLICABLE FUNDING.—The total MENTING NATIONAL EDUCATION amount of funds referred to in paragraph (1) income families the same choice. STANDARDS are all funds that are appropriated for the ED–ACT also creates additional fi- Sec. 201. Prohibition regarding funding for Department of Education for a fiscal year to nancial opportunities for parents, developing or implementing na- carry out programs or activities under the guardians and communities to plan for tional education standards. following provisions of law: the educational expenses of their chil- TITLE III—TROOPS-TO-TEACHERS (A) Title III of the Goals 2000: Educate dren. First, it would increase the PROGRAM America Act (20 U.S.C. 5881 et seq.). (B) Title IV of the Goals 2000: Educate amount allowed to be contributed to a Sec. 301. Short title. America Act (20 U.S.C. 5911 et seq.). higher education IRA from $500 to Sec. 302. Improvement and transfer of juris- (C) Title VI of the Goals 2000: Educate diction of troops-to-teachers $1,000 annually. Under current law, the America Act (20 U.S.C. 5951). program. maximum amount which could be (D) The School-to-Work Opportunities Act saved for a child throughout their life- TITLE IV—ENGLISH PLUS AND of 1994 (20 U.S.C. 6101 et seq.). time is $9,000, which would not cover MULTILINGUALISM (E) Section 1502 of the Elementary and the basic costs of tuition at a private Sec. 401. English plus. Secondary Education Act of 1965 (20 U.S.C. institution, let alone books, foods and Sec. 402. Multilingualism study. 6492). living expenses for a student. This TITLE V—EDUCATIONAL OPPORTUNI- (F) Title II of the Elementary and Sec- TIES FOR DISADVANTAGED CHILDREN ondary Education Act of 1965 (20 U.S.C. 6601 amount barely covers the tuition at a et seq.). Sec. 501. Purposes. public four-year institution, but that is (G) Title III of the Elementary and Sec- Sec. 502. Authorization of appropriations; before factoring in inflation, expenses, ondary Education Act of 1965 (20 U.S.C. 6801 program authority. room and board. In my home state of et seq.). Sec. 503. Eligibility. (H) Title IV of the Elementary and Sec- Arizona, a four-year degree from one of Sec. 504. Scholarships. ondary Education Act of 1965 (20 U.S.C. 7101 the three state colleges costs about Sec. 505. Eligible children; award rules. et seq.). $8,800—and that is just for tuition, not Sec. 506. Applications. books, food, room and board. In addi- Sec. 507. Approval of programs. (I) Part A of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. tion, ED–ACT allows a $500 tax credit Sec. 508. Amounts and length of grants. Sec. 509. Uses of funds. 7201 et seq.). for taxpayers who make a voluntary (J) Part B of title V of the Elementary and contribution to public or private Sec. 510. Effect of programs. Sec. 511. National evaluation. Secondary Education Act of 1965 (20 U.S.C. schools. Sec. 512. Enforcement. 7231 et seq.). This bill would also help develop bet- Sec. 513. Definitions. (K) Title VI of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. 7301 ter educational tools for our children TITLE VI—TAX PROVISIONS by gathering and analyzing pertinent et seq.). Sec. 601. Credit for contributions to schools. data regarding some of our most vul- (L) Title VII of the Elementary and Sec- Sec. 602. Increase in annual contribution ondary Education Act of 1965 (20 U.S.C. 7401 nerable students, while collecting in- limit for education individual et seq.). formation about how we can ensure the retirement accounts. (M) Part B of title IX of the Elementary best teachers are in our classrooms. TITLE VII—DEVELOPING BETTER and Secondary Education Act of 1965 (20 Finally, the last section of the ED– EDUCATION TOOLS U.S.C. 7901 et seq.). (N) Part C of title IX of the Elementary ACT reduces the bureaucratic costs at Sec. 701. Educational tools for underserved and Secondary Education Act of 1965 (20 the Department of Education by thir- students. U.S.C. 7931 et seq.). ty-five percent no later than October 1, Sec. 702. Teacher training. (O) Part A of title X of the Elementary and Sec. 703. Putting the best teachers in the 2004. Far too many resources are spent Secondary Education Act of 1965 (20 U.S.C. classroom. on funding bureaucrats in Washington, 8001 et seq.). D.C., rather than teaching our chil- TITLE VIII—EMPOWERING STUDENTS (P) Part B of title X of the Elementary and dren. Sec. 801. Empowering students. Secondary Education Act of 1965 (20 U.S.C. Thomas Jefferson said, ‘‘The purpose (c) DEFINITIONS.—In this Act: 8031 et seq.). of education is to create young citizens (1) COMPTROLLER GENERAL.—The term (Q) Part D of title X of the Elementary and with knowing heads and loving ‘‘Comptroller General’’ means the Comp- Secondary Education Act of 1965 (20 U.S.C. hearts.’’ If we fail to give our children troller General of the United States. 8091 et seq.). the education they need to nurture (2) ELEMENTARY SCHOOL; LOCAL EDU- (R) Part F of title X of the Elementary and CATIONAL AGENCY; PARENT; SECONDARY Secondary Education Act of 1965 (20 U.S.C. their heads and hearts, then we threat- SCHOOL; STATE EDUCATIONAL AGENCY.—The 8141 et seq.). en their futures and the future of our terms ‘‘elementary school’’, ‘‘local edu- (S) Part G of title X of the Elementary and nation. The bill I am introducing today cational agency’’, ‘‘parent’’, ‘‘secondary Secondary Education Act of 1965 (20 U.S.C. is an important step towards ensuring school’’, and ‘‘State educational agency’’ 8161 et seq.).

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2956 CONGRESSIONAL RECORD — SENATE March 18, 1999 (T) Part I of title X of the Elementary and to assist teachers and other school officials Elementary and Secondary Education Act of Secondary Education Act of 1965 (20 U.S.C. regarding how to use effectively such equip- 1965 for the fiscal year. 8241 et seq.). ment and software; TITLE II—PROHIBITION REGARDING (U) Part J of title X of the Elementary and (ii) programs for the acquisition and use of FUNDING FOR DEVELOPING OR IMPLE- Secondary Education Act of 1965 (20 U.S.C. instructional and educational materials, in- MENTING NATIONAL EDUCATION 8271 et seq.). cluding library services and materials (in- STANDARDS (V) Part K of title X of the Elementary and cluding media materials), assessments, ref- Secondary Education Act of 1965 (20 U.S.C. SEC. 201. PROHIBITION REGARDING FUNDING erence materials, computer software and FOR DEVELOPING OR IMPLE- 8331 et seq.). hardware for instructional use, and other MENTING NATIONAL EDUCATION (W) Part L of title X of the Elementary curricular materials that— STANDARDS. and Secondary Education Act of 1965 (20 (I) are tied to high academic standards; No Federal funds may be obligated or ex- U.S.C. 8351 et seq.). (II) will be used to improve student pended to develop or implement national (X) Part A of title XIII of the Elementary achievement; and education standards. and Secondary Education Act of 1965 (20 (III) are part of an overall education re- TITLE III—TROOPS-TO-TEACHERS U.S.C. 8621 et seq.). form program; PROGRAM (Y) Part C of title XIII of the Elementary (iii) promising education reform programs, and Secondary Education Act of 1965 (20 including effective schools and magnet SEC. 301. SHORT TITLE. U.S.C. 8671 et seq.). schools; This title may be cited as the ‘‘Troops-to- (Z) Part B of title VII of the Stewart B. (iv) programs to improve the higher order Teachers Program Improvement Act of McKinney Homeless Assistance Act (42 thinking skills of disadvantaged elementary 1999’’. U.S.C. 11421 et seq.). school and secondary school students and to SEC. 302. IMPROVEMENT AND TRANSFER OF JU- (3) CENSUS DETERMINATION.— prevent students from dropping out of RISDICTION OF TROOPS-TO-TEACH- (A) IN GENERAL.—Each local educational school; ERS PROGRAM. agency shall conduct a census to determine (v) programs to combat illiteracy in the (a) RECODIFICATION, IMPROVEMENT, AND the number of kindergarten through grade 12 student and adult populations, including par- TRANSFER OF PROGRAM.—(1) Section 1151 of students that are in the school district ent illiteracy; title 10, United States Code, is amended to served by the local educational agency for an (vi) programs to provide for the edu- read as follows: academic year. cational needs of gifted and talented chil- ‘‘§ 1151. Assistance to certain separated or re- (B) PRIVATE SCHOOL STUDENTS.—In carrying dren; tired members to obtain certification and out subparagraph (A), each local educational (vii) hiring of teachers or teaching assist- employment as teachers agency shall determine the number of pri- ants to decrease a school, school district, or vate school students described in such para- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary statewide student-to-teacher ratio; and of Education, in consultation with the Sec- graph for an academic year on the basis of (viii) school improvement programs or ac- data the local educational agency deter- retary of Defense and the Secretary of tivities described in sections 1116 and 1117 of Transportation with respect to the Coast mines reliable. the Elementary and Secondary Education (C) SUBMISSION.—Each local educational Guard, may carry out a program— Act of 1965. agency shall submit the total number of pub- ‘‘(1) to assist eligible members of the (6) ACCOUNTABILITY.— lic and private school children described in armed forces after their discharge or release, (A) LOCAL EDUCATIONAL AGENCY.—A local this paragraph for an academic year to the or retirement, from active duty to obtain educational agency that receives funds under Secretary not later than March 1 of the aca- certification or licensure as elementary or this section in any fiscal year shall make demic year. secondary school teachers or as vocational available for review by parents, community (D) PENALTY.—If the Secretary determines or technical teachers; and members, the State educational agency and that a local educational agency has know- ‘‘(2) to facilitate the employment of such the Department of Education— ingly submitted false information under this members by local educational agencies iden- (i) a proposed budget regarding how such subsection for the purpose of gaining addi- tified under subsection (b)(1). tional funds under this section, then the funds shall be used; and ‘‘(b) IDENTIFICATION OF LOCAL EDUCATIONAL local educational agency shall be fined an (ii) an accounting of the actual use of such AGENCIES AND STATES.—(1)(A) In carrying amount equal to twice the difference be- funds at the end of the fiscal year of the out the program authorized by subsection tween the amount the local educational local educational agency. (a), the Secretary of Education shall periodi- agency received under this section, and the (B) SCHOOL.—Each school receiving assist- cally identify local educational agencies correct amount the local educational agency ance under this section in any fiscal year that— would have received if the agency had sub- shall prepare and submit to the Secretary ‘‘(i) are receiving grants under title I of the mitted accurate information under this sub- and make available to the public a detailed Elementary and Secondary Education Act of section. plan that outlines— 1965 (20 U.S.C. 6301 et seq.) as a result of hav- (4) DETERMINATION OF ALLOTMENTS.—From (i) clear academic performance objectives ing within their jurisdictions concentrations the total applicable funding available for a for students at the school; of children from low-income families; or fiscal year, the Secretary shall make allot- (ii) a timetable for improving the academic ‘‘(ii) are experiencing a shortage of quali- ments to each local educational agency in a performance of the students; and fied teachers, in particular a shortage of State in an amount that bears the same rela- (iii) methods for officially evaluating and science, mathematics, reading, special edu- tion— measuring the academic growth or progress cation, or vocational or technical teachers. (A) to 50 percent of such total applicable of the students. ‘‘(B) The Secretary may identify local edu- funding as the number of individuals in the (b) DIRECT AWARDS OF PART A OF TITLE I cational agencies under subparagraph (A) school district served by the local edu- FUNDING.— through surveys conducted for that purpose cational agency who are aged 5 through 17 (1) IN GENERAL.—Notwithstanding any or by utilizing information on local edu- bears to the total number of such individuals other provision of law and subject to para- cational agencies that is available to the in all school districts served by all local edu- graph (3), the Secretary shall award the total Secretary from other sources. cational agencies in all States; and amount of funds appropriated to carry out ‘‘(2) In carrying out the program, the Sec- (B) to 50 percent of such total amount as part A of title I of the Elementary and Sec- retary shall also conduct a survey of States the total amount all local educational agen- ondary Education Act of 1965 (20 U.S.C. 6311 to identify those States that have alter- cies in the State are eligible to receive under et seq.) for a fiscal year directly to local edu- native certification or licensure require- part A of title I of the Elementary and Sec- cational agencies in accordance with para- ments for teachers, including those States ondary Education Act of 1965 (20 U.S.C. 6311 graph (2) to enable the local educational that grant credit for service in the armed et seq.) for the fiscal year bears to the total agencies to support programs or activities, forces toward satisfying certification or li- amount all local educational agencies in all for kindergarten through grade 12 students, censure requirements for teachers. States are eligible to receive under such part that the local educational agencies deem ap- ‘‘(c) ELIGIBLE MEMBERS.—(1) The following for the fiscal year. propriate. members shall be eligible for selection to (5) AUTHORIZED ACTIVITIES.— (2) ELIGIBLE LOCAL EDUCATIONAL AGEN- participate in the program: (A) IN GENERAL.—A local educational agen- CIES.—The Secretary shall make awards ‘‘(A) Any member who— cy receiving an allotment under paragraph under this section for a fiscal year only to ‘‘(i) during the period beginning on October (4) shall use the allotted funds for innovative local educational agencies that are eligible 1, 1990, and ending on September 30, 1999, was assistance programs described in subpara- for assistance under part A of title I of the involuntarily discharged or released from ac- graph (B). Elementary and Secondary Education Act of tive duty for purposes of a reduction of force (B) INNOVATIVE ASSISTANCE.—The innova- 1965 for the fiscal year. after six or more years of continuous active tive assistance programs referred to in sub- (3) AMOUNT.—Each local educational agen- duty immediately before the discharge or re- paragraph (A) include— cy shall receive an amount awarded under lease; and (i) technology programs related to the im- this subsection for a fiscal year equal to the ‘‘(ii) satisfies such other criteria for selec- plementation of school-based reform pro- amount the local educational agency is eligi- tion as the Secretary of Education, in con- grams, including professional development ble to receive under part A of title I of the sultation with the Secretary of Defense and

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CUMSTANCES.—(1) If a participant in the pro- ‘‘(I) in the case of a member applying for ‘‘(f) AGREEMENT.—A member selected to gram fails to obtain teacher certification or assistance for placement as an elementary or participate in the program shall be required licensure or employment as an elementary secondary school teacher, has received a bac- to enter into an agreement with the Sec- or secondary school teacher or vocational or calaureate or advanced degree from an ac- retary of Education in which the member technical teacher as required under the credited institution of higher education; or agrees— agreement or voluntarily leaves, or is termi- ‘‘(II) in the case of a member applying for ‘‘(1) to obtain, within such time as the Sec- nated for cause, from the employment during assistance for placement as a vocational or retary may require, certification or licen- the four years of required service, the partic- technical teacher— sure as an elementary or secondary school ipant shall be required to reimburse the Sec- ‘‘(aa) has received the equivalent of one teacher or vocational or technical teacher; retary of Education for any stipend paid to year of college from an accredited institu- and the participant under subsection (g)(1) in an tion of higher education and has 10 or more ‘‘(2) to accept an offer of full-time employ- amount that bears the same ratio to the years of military experience in a vocational ment as an elementary or secondary school amount of the stipend as the unserved por- or technical field; or teacher or vocational or technical teacher tion of required service bears to the four ‘‘(bb) otherwise meets the certification or for not less than four school years with a years of required service. licensure requirements for a vocational or local educational agency identified under ‘‘(2) If a participant in the program who is technical teacher in the State in which such subparagraph (A) or (B) of subsection (b)(1), paid a bonus under subsection (g)(2) fails to member seeks assistance for placement to begin the school year after obtaining that obtain employment for which such bonus under the program; and certification or licensure. was paid, or voluntarily leaves or is termi- nated for cause from the employment during ‘‘(iii) who satisfies the criteria prescribed ‘‘(g) STIPEND AND BONUS FOR PARTICI- the four years of required service, the partic- under subparagraph (A)(ii). PANTS.—(1)(A) Subject to subparagraph (B), ‘‘(2) A member who is discharged or re- the Secretary of Education shall pay to each ipant shall be required to reimburse the Sec- leased from active duty, or retires from serv- participant in the program a stipend in an retary for any bonus paid to the participant ice, under other than honorable conditions amount equal to $5,000. under that subsection in an amount that bears the same ratio to the amount of the shall not be eligible to participate in the ‘‘(B) The total number of stipends that bonus as the unserved portion of required program. may be paid under this paragraph in any fis- service bears to the four years of required ‘‘(d) INFORMATION REGARDING PROGRAM.— cal year may not exceed 3,000. (1) The Secretary of Education, in consulta- service. ‘‘(2)(A) Subject to subparagraph (B), the tion with the Secretary of Defense and the ‘‘(3)(A) The obligation to reimburse the Secretary may, in lieu of paying a stipend Secretary of Transportation, shall provide Secretary under this subsection is, for all under paragraph (1), pay a bonus of $10,000 to information regarding the program, and purposes, a debt owing the United States. each participant in the program who agrees make applications for the program available, ‘‘(B) A discharge in bankruptcy under title under subsection (f) to accept full-time em- to members as part of preseparation coun- 11 shall not release a participant from the ployment as an elementary or secondary seling provided under section 1142 of this obligation to reimburse the Secretary. school teacher or vocational or technical title. ‘‘(C) Any amount owed by a participant ‘‘(2) The information provided to members teacher for not less than four years in a high under paragraph (1) or (2) shall bear interest shall— need school. at the rate equal to the highest rate being ‘‘(A) indicate the local educational agen- ‘‘(B) The total number of bonuses that may paid by the United States on the day on cies identified under subsection (b)(1); and be paid under this paragraph in any fiscal which the reimbursement is determined to ‘‘(B) identify those States surveyed under year may not exceed 1,000. be due for securities having maturities of subsection (b)(2) that have alternative cer- ‘‘(C) In this paragraph, the term ‘high need ninety days or less and shall accrue from the tification or licensure requirements for school’ means an elementary school or sec- day on which the participant is first notified teachers, including those States that grant ondary school that meets one or more of the of the amount due. credit for service in the armed forces toward following criteria: ‘‘(i) EXCEPTIONS TO REIMBURSEMENT PROVI- satisfying such requirements. ‘‘(i) A school with a drop out rate that ex- SIONS.—(1) A participant in the program ‘‘(e) SELECTION OF PARTICIPANTS.—(1)(A) ceeds the national average school drop out shall not be considered to be in violation of Selection of members to participate in the rate. an agreement entered into under subsection program shall be made on the basis of appli- ‘‘(ii) A school having a large percentage of (f) during any period in which the partici- cations submitted to the Secretary of Edu- students (as determined by the Secretary in pant— cation on a timely basis. An application consultation with the National Assessment ‘‘(A) is pursuing a full-time course of study shall be in such form and contain such infor- Governing Board) who speak English as a related to the field of teaching at an eligible mation as the Secretary may require. second language. institution; ‘‘(B) An application shall be considered to ‘‘(iii) A school having a large percentage of ‘‘(B) is serving on active duty as a member be submitted on a timely basis if the applica- students (as so determined) who are at risk of the armed forces; tion is submitted as follows: of educational failure by reason of limited ‘‘(C) is temporarily totally disabled for a ‘‘(i) In the case of an applicant who is eligi- proficiency in English, poverty, race, geo- period of time not to exceed three years as ble under subsection (c)(1)(A), not later than graphic location, or economic cir- established by sworn affidavit of a qualified September 30, 2003. cumstances. physician; ‘‘(ii) In the case of an applicant who is eli- ‘‘(iv) A school at least one-half of whose ‘‘(D) is unable to secure employment for a gible under subsection (c)(1)(B), not later students are from families with an income period not to exceed 12 months by reason of than four years after the date of the retire- below the poverty line (as that term is de- the care required by a spouse who is dis- ment of the applicant from active duty. fined by the Office of Management and Budg- abled; ‘‘(2) In selecting participants to receive as- et and revised annually in accordance with ‘‘(E) is seeking and unable to find full-time sistance for placement as elementary or sec- section 673(2) of the Community Services employment as a teacher in an elementary ondary school teachers or vocational or tech- Block Grant Act (42 U.S.C. 9902(2)) applicable or secondary school or as a vocational or nical teachers, the Secretary shall give pri- to a family of the size involved. technical teacher for a single period not to ority to members who— ‘‘(v) A school with a large percentage of exceed 27 months; or ‘‘(A) have educational or military experi- students (as so determined) who qualify for ‘‘(F) satisfies the provisions of additional ence in science, mathematics, reading, spe- assistance under part B of the Individuals reimbursement exceptions that may be pre- cial education, or vocational or technical with Disabilities Education Act (20 U.S.C. scribed by the Secretary of Education. subjects and agree to seek employment as 1411 et seq.). ‘‘(2) A participant shall be excused from re- science, mathematics, reading, or special ‘‘(vi) A school located on an Indian res- imbursement under subsection (h) if the par- education teachers in elementary or sec- ervation (as that term is defined in section ticipant becomes permanently totally dis- ondary schools or in other schools under the 403(9) of the Indian Child Protection and abled as established by sworn affidavit of a jurisdiction of a local educational agency; or Family Violence Prevention Act (25 U.S.C. qualified physician. The Secretary may also ‘‘(B) have educational or military experi- 3202(9)). waive reimbursement in cases of extreme ence in another subject area identified by ‘‘(vii) A school located in a rural area. hardship to the participant, as determined

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by the Secretary in consultation with the Congress a report on the effectiveness of the (b) SENSE OF CONGRESS.—It is the sense of Secretary of Defense or the Secretary of program authorized by section 1151 of title Congress that— Transportation, as the case may be. 10, United States Code (as amended by sub- (1) our Nation must support literacy pro- ‘‘(j) RELATIONSHIP TO EDUCATIONAL ASSIST- section (a)), in the recruitment and retention grams, including programs designed to teach ANCE UNDER MONTGOMERY GI BILL.—The re- of qualified personnel by local educational English, as well as those dedicated to helping ceipt by a participant in the program of any agencies identified under subsection (b)(1) of Americans learn and maintain languages in assistance under the program shall not re- such section 1151 (as so amended). addition to English; duce or otherwise affect the entitlement of (2) The report under paragraph (1) shall in- (2) our Nation must recognize the impor- the participant to any benefits under chapter clude information on the following: tance of English as the unifying language of 30 of title 38 or chapter 1606 of this title. (A) The number of participants in the pro- the United States; ‘‘(k) DISCHARGE OF STATE ACTIVITIES gram. (3) as a Nation we must support and en- THROUGH CONSORTIA OF STATES.—The Sec- (B) The schools in which such participants courage Americans of every age to master retary of Education may permit States par- are employed. English in order to succeed in American soci- ticipating in the program authorized by this (C) The grade levels at which such partici- ety and ensure a productive workforce; section to carry out activities authorized for pants teach. (4) our Nation must recognize that a such States under this section through one (D) The subject matters taught by such skilled labor force is crucial to United States or more consortia of such States. participants. competitiveness in a global economy, and ‘‘(l) ASSISTANCE TO STATES IN ACTIVITIES (E) The effectiveness of the teaching of the ability to speak languages in addition to UNDER PROGRAM.—(1) Subject to paragraph such participants, as indicated by any rel- English is a significant skill; and (2), the Secretary of Education may make evant test scores of the students of such par- (5) our Nation must recognize the benefits, grants to States participating in the pro- ticipants. both on an individual and a national basis, of gram authorized by this section, or to con- (F) The extent of any academic improve- developing the Nation’s linguistic resources. sortia of such States, in order to permit such ment in the schools in which such partici- SEC. 402. MULTILINGUALISM STUDY. States or consortia of States to operate of- pants teach by reason of their teaching. (a) FINDINGS.—Congress finds that— fices for purposes of recruiting eligible mem- (G) The rates of retention of such partici- (1) even though all residents of the United bers for participation in the program and fa- pants by the local educational agencies em- States should be proficient in English, with- cilitating the employment of participants in ploying such participants. out regard to their country of birth, it is also the program in schools in such States or con- (H) The effect of any stipends or bonuses of vital importance to the competitiveness of sortia of States. under subsection (g) of such section 1151 (as the United States that those residents be en- ‘‘(2) The total amount of grants under so amended) in enhancing participation in couraged to learn other languages; and paragraph (1) in any fiscal year may not ex- the program or in enhancing recruitment or (2) education is the primary responsibility ceed $4,000,000. retention of participants in the program by of State and local governments and commu- ‘‘(m) LIMITATION ON USE OF FUNDS FOR the local educational agencies employing nities, and the governments and commu- MANAGEMENT INFRASTRUCTURE.—The Sec- such participants. nities are responsible for developing policies retary of Education may utilize not more (I) Such other matters as the Secretary or in the area of education. than five percent of the funds available to the Comptroller General, as the case may be, (b) RESIDENT OF THE UNITED STATES DE- carry out the program authorized by this considers appropriate. FINED.—In this section, the term ‘‘resident of section for a fiscal year for purposes of es- (3) The report of the Comptroller General the United States’’ means an individual who tablishing and maintaining the management under paragraph (1) shall also include any resides in the United States, other than an infrastructure necessary to support the pro- recommendations of the Comptroller Gen- alien who is not lawfully present in the gram. eral as to means of improving the program, United States. including means of enhancing the recruit- ‘‘(n) DEFINITIONS.—In this section: (c) STUDY.— ment and retention of participants in the ‘‘(1) The term ‘State’ includes the District (1) IN GENERAL.—Not later than 180 days of Columbia, American Samoa, the Fed- program. after the date of enactment of this Act, the UTHORIZATION OF APPROPRIATIONS.— erated States of Micronesia, Guam, the Re- (e) A Comptroller General shall conduct a study of There is authorized to be appropriated for public of the Marshall Islands, the Common- multilingualism in the United States in ac- the Department of Education $25,000,000 for wealth of the Northern Mariana Islands, the cordance with this section. each of fiscal years 2000 through 2004 for pur- Commonwealth of Puerto Rico, the Republic (2) REQUIREMENTS.— poses of carrying out the program authorized of Palau, and the United States Virgin Is- (A) IN GENERAL.—The study conducted lands. by section 1151 of title 10, United States Code under this section shall determine— ‘‘(2) The term ‘alternative certification or (as amended by subsection (a)). (i) the percentage of residents in the licensure requirements’ means State or local TITLE IV—ENGLISH PLUS AND United States who are proficient in English teacher certification or licensure require- MULTILINGUALISM and at least 1 other language; ments that permit a demonstrated com- SEC. 401. ENGLISH PLUS. (ii) the predominant language other than petence in appropriate subject areas gained (a) FINDINGS.—Congress makes the fol- English in which residents referred to in in careers outside of education to be sub- lowing findings: clause (i) are proficient; stituted for traditional teacher training (1) Immigrants to the United States have (iii) the percentage of the residents de- course work.’’. powerful incentives to learn English in order scribed in clause (i) who were born in a for- (2) The table of sections at the beginning of to fully participate in American society and eign country; chapter 58 of such title is amended by strik- the Nation’s economy, and 90 percent of all (iv) the percentage of the residents de- ing the item relating to section 1151 and in- immigrant families become fluent in English scribed in clause (i) who were born in the serting the following new item: within the second generation. United States; ‘‘1151. Assistance to certain separated or re- (2) A common language promotes unity (v) the percentage of the residents de- tired members to obtain certifi- among citizens, and fosters greater commu- scribed in clause (iv) who are second-genera- cation and employment as nication. tion residents of the United States; and teachers.’’. (3) The reality of a global economy is an (vi) the percentage of the residents de- (b) EFFECTIVE DATE.—The amendments ever-present international development that scribed in clause (iv) who are third-genera- made by subsection (a) shall take effect on is fostered by trade. tion residents of the United States. October 1, 1999. (4) The United States is well postured for (B) AGE-SPECIFIC CATEGORIES.—The study (c) TRANSFER OF JURISDICTION OVER CUR- the global economy and international devel- under this section shall, with respect to the RENT PROGRAM.—(1) The Secretary of De- opment with its diverse population and rich residents described in subparagraph (A)(i), fense, Secretary of Transportation, and Sec- heritage of cultures and languages from determine the number of those residents in retary of Education shall provide for the around the world. each of the following categories: transfer to the Secretary of Education of any (5) Foreign language skills are a tremen- (i) Residents who have not attained the age on-going functions and responsibilities of the dous resource to the United States and en- of 12. Secretary of Defense and the Secretary of hance American competitiveness in the glob- (ii) Residents who have attained the age of Transportation with respect the program au- al economy. 12, but have not attained the age of 18. thorized by section 1151 of title 10, United (6) It is clearly in the interest of the (iii) Residents who have attained the age of States Code, for the period beginning on Oc- United States to encourage educational op- 18, but have not attained the age of 50. tober 23, 1992, and ending on September 30, portunities for all citizens and to take steps (iv) Residents who have attained the age of 1999. to realize the opportunities. 50. (2) The Secretaries shall complete the (7) Many American Indian languages are (C) FEDERAL PROGRAMS.—In conducting the transfer under paragraph (1) not later than preserved, encouraged, and utilized, as the study under this section, the Comptroller October 1, 1999. languages were during World War II when General shall establish a list of each Federal (d) REPORTS.—(1) Not later than March 31, the Navajo Code Talkers created a code that program that encourages multilingualism 2002, the Secretary of Education and the could not be broken by the Japanese or the with respect to any category of residents de- Comptroller General shall each submit to Germans, for example. scribed in subparagraph (B).

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(D) COMPARISONS.—In conducting the study (b) SCHOLARSHIP VALUE.—The value of each (A) to encourage public and private ele- under this section, the Comptroller General scholarship shall be the sum of— mentary schools and secondary schools to shall compare the multilingual population (1) $2,000 from funds provided under this participate in the program; and described in subparagraph (A) with the mul- title; (B) to ensure maximum educational tilingual populations of foreign countries— (2) $1,000 in matching funds from the State choices for the parents of eligible children (i) in the Western Hemisphere; and or locality; and and for other children residing in the pro- (ii) in Asia. (3) an additional amount, if any, of State, gram area; (d) REPORT.—Upon completion of the study local, or nongovernmental funds. (7) an identification of the public, private, under this section, the Comptroller General (c) TAX EXEMPTION.—Scholarships awarded and religious elementary schools and sec- shall prepare, and submit to Congress, a re- under this title shall not be considered in- ondary schools that are eligible and have port that contains the results of the study come of the parents for Federal income tax chosen to participate in the program; conducted under this section, and such find- purposes or for determining eligibility for (8) a description of how the applicant will ings and recommendations as the Comp- any other Federal program. inform children and their parents of the pro- troller General determines to be appropriate. SEC. 505. ELIGIBLE CHILDREN; AWARD RULES. gram and of the choices available to the par- TITLE V—EDUCATIONAL OPPORTUNITIES (a) ELIGIBLE CHILD.—In this title the term ents under the program, including the avail- FOR DISADVANTAGED CHILDREN ‘‘eligible child’’ means a child who— ability of supplementary academic services (1) resides in the program area described in under section 509(2); SEC. 501. PURPOSES. the application submitted under section 506; The purposes of this title are— (9) a description of the procedures to be (2) will attend a public or private elemen- (1) to assist and encourage States and lo- used to provide scholarships to parents and tary school or secondary school that is par- to enable parents to use such scholarships, calities to— ticipating in the program; and (A) give children from low-income families such as the issuance of checks payable to (3) subject to subsection (b)(1)(C), is from a schools; more of the same choices of all elementary low-income family, as determined by the and secondary schools and other academic (10) a description of the procedures by State or locality in accordance with regula- which a school will make a pro rata refund programs that children from wealthier fami- tions of the Secretary, except that the max- lies already have; to the Department of Education for any par- imum family income for eligibility under ticipating child who, before completing 50 (B) improve schools and other academic this title shall not exceed the State or na- programs by giving low-income parents in- percent of the school attendance period for tional median family income adjusted for which the scholarship was provided— creased consumer power to choose the family size, whichever is higher, as deter- (A) is released or expelled from the school; schools and programs that the parents deter- mined by the Secretary, in consultation with or mine best fit the needs of their children; and the Bureau of the Census, on the basis of the (B) withdraws from school for any reason; (C) more fully engage low-income parents most recent satisfactory data available. (11) a description of procedures the appli- in their children’s schooling; and (b) AWARD RULES.— cant will use to— (2) to demonstrate, through a competitive (1) CONTINUING ELIGIBILITY.—Each State or discretionary grant program, the effects of locality receiving a grant under this title (A) determine a child’s continuing eligi- State and local programs that give middle- shall provide a scholarship in each year of its bility to participate in the program; and and low-income families more of the same program to each child who received a schol- (B) bring new children into the program; choices of all schools, public, private or reli- arship during the previous year of the pro- (12) an assurance that the applicant will gious, that wealthier families have. gram, unless— cooperate in carrying out the national eval- SEC. 502. AUTHORIZATION OF APPROPRIATIONS; (A) the child no longer resides in the pro- uation described in section 511; PROGRAM AUTHORITY. gram area; (13) an assurance that the applicant will (a) AUTHORIZATION OF APPROPRIATIONS.— (B) the child no longer attends school; maintain such records relating to the pro- For the purpose of carrying out this title, (C) the child’s family income exceeds, by 20 gram as the Secretary may require and will there are authorized to be appropriated such percent or more, the maximum family in- comply with the Secretary’s reasonable re- sums as may be necessary for each of the fis- come of families who received scholarships quests for information about the program; cal years 2001 through 2003. in the preceding year; or (14) a description of State or local funds (b) PROGRAM AUTHORITY.—The Secretary is (D) the child is expelled or convicted of a (including tax benefits) and nongovern- authorized to award grants to not more than felony, including felonious drug possession, mental funds, that will be available under 10 States or localities, on a competitive possession of a weapon on school grounds, or section 504(b)(2) to supplement scholarship basis, to enable the States or localities to violent acts against other students or a funds provided under this title; and carry out educational choice programs in ac- member of the school’s faculty. (16) such other assurance and information as the Secretary may require. cordance with this title. (2) PRIORITY.—If the amount of the grant SEC. 503. ELIGIBILITY. provided under this title is not sufficient to (c) REVISIONS.—Each such application shall A State or locality is eligible for a grant provide a scholarship to each eligible child be updated annually as may be needed to re- under this title if— from a family that meets the requirements flect revised conditions. (1) the State or locality has taken signifi- of subsection (a)(3), the State or locality cant steps to provide a choice of schools to shall provide scholarships to eligible chil- SEC. 507. APPROVAL OF PROGRAMS. families with school children residing in the dren from the lowest income families. (a) SELECTION.—From applications received program area described in the application SEC. 506. APPLICATIONS. each year the Secretary shall select not submitted under section 506, including fami- (a) APPLICATION.—Each State or locality more than 10 scholarship programs on the lies who are not eligible for scholarships that wishes to receive a grant under this basis of— under this title; title shall submit an application to the Sec- (1) the number and variety of educational (2) during the year for which assistance is retary at such time and in such manner as choices that are available under the program sought, the State or locality provides assur- the Secretary may reasonably require. to families of eligible children; ances in the application submitted under (b) CONTENTS.—Each such application shall (2) the extent to which educational choices section 506 that if awarded a grant under this contain— among public, private, and religious schools title such State or locality will provide (1) a description of the program area; are available to all families in the program scholarships to parents of eligible children (2) an economic profile of children residing area, including families that are not eligible that may be redeemed for elementary in the program area, in terms of family in- for scholarships under this title; schools or secondary education for their chil- come and poverty status; (3) the proportion of children who will par- dren at a broad variety of public and private (3) the family income range of children ticipate in the program who are from fami- elementary schools and secondary schools, who will be eligible to participate in the pro- lies at or below the poverty line; including religious schools, if any, serving posed program, consistent with section (4) the applicant’s financial support of the the area; 505(a)(3), and a description of the applicant’s program, including the amount of State, (3) the State or locality agrees to match 50 method for identifying children who fall local, and nongovernmental funds that will percent of the Federal funds provided for the within that range; be provided to match Federal funds, includ- scholarships; and (4) an estimate of the number of children, ing not only direct expenditures for scholar- (4) the State or locality allows lawfully op- within the income range specified in para- ships, but also other economic incentives erating public and private elementary graph (3), who will be eligible to receive provided to families participating in the pro- schools and secondary schools, including re- scholarships under the program; gram, such as a tax relief program; and ligious schools, if any, serving the area to (5) information demonstrating that the ap- (5) other criteria established by the Sec- participate in the program. plicant’s proposed program complies with retary. SEC. 504. SCHOLARSHIPS. the requirements of section 503 and with the (a) SCHOLARSHIP AWARDS.—With funds other requirements of this title; (b) GEOGRAPHIC DISTRIBUTION.—The Sec- awarded under this title, each State or local- (6) a description of the procedures the ap- retary shall ensure that, to the extent fea- ity awarded a grant under this title shall plicant has used, including timely and mean- sible, grants are awarded for programs in provide scholarships to the parents of eligi- ingful consultation with private school offi- urban and rural areas and in a variety of ge- ble children, in accordance with section 505. cials— ographic areas throughout the Nation.

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(c) CONSIDERATION.—In considering the fac- the nature, variety, and missions of schools any taxable year, the amount allowable as a tor described in subsection (a)(4), the Sec- and providers that may participate in pro- deduction under section 170 (determined retary shall consider differences in local con- viding services to children under this title. without regard to subsection (e)(1)) for cash ditions. (d) OTHER FEDERAL FUNDS.—No Federal, contributions to a school. SEC. 508. AMOUNTS AND LENGTH OF GRANTS. State, or local agency may, in any year, take ‘‘(2) SCHOOL.—The term ‘school’ means any (a) AWARDS.—The Secretary shall award into account Federal funds provided to a school which provides elementary education not more than 10 grants annually taking into State or locality or to the parents of any or secondary education (through grade 12), as consideration the availability of appropria- child under this title in determining whether determined under State law. tions, the number and quality of applica- to provide any other funds from Federal, ‘‘(d) DENIAL OF DOUBLE BENEFIT.—No de- tions, and other factors related to the pur- State, or local resources, or in determining duction shall be allowed under this chapter poses of this title that the Secretary deter- the amount of such assistance, to such State for any contribution for which credit is al- mines are appropriate. or locality or to a school attended by such lowed under this section. (b) RENEWAL.—Each grant under this title child. ‘‘(e) ELECTION TO HAVE CREDIT NOT shall be awarded for a period of not more (e) NO DISCRETION.—Nothing in this title APPLY.—A taxpayer may elect to have this than 3 years. shall be construed to authorize the Secretary section not apply for any taxable year.’’ SEC. 509. USES OF FUNDS. to exercise any direction, supervision, or (b) CLERICAL AMENDMENT.—The table of The Federal portion of any scholarship control over the curriculum, program of in- sections for subpart A of part IV of sub- awarded under this title shall be used as fol- struction, administration, or personnel of chapter A of chapter 1 of such Code is lows: any educational institution or school par- amended by inserting after the item relating to section 25A the following: (1) FIRST.—First, for— ticipating in a program under this title. (A) the payment of tuition and fees at the SEC. 511. NATIONAL EVALUATION. ‘‘Sec. 25B. Credit for contributions to school selected by the parents of the child The Inspector General of the Department schools.’’ for whom the scholarship was provided; and of Education shall conduct a national eval- (c) EFFECTIVE DATE.—The amendments (B) the reasonable costs of the child’s uation of the program authorized by this made by this section shall apply to taxable transportation to the school, if the school is title. Such evaluation shall, at a minimum— years beginning after December 31, 1998. not in the school district to which the child (1) assess the implementation of scholar- SEC. 602. INCREASE IN ANNUAL CONTRIBUTION would be assigned in the absence of a pro- ship programs assisted under this title and LIMIT FOR EDUCATION INDIVIDUAL gram under this title. their effect on participants, schools, and RETIREMENT ACCOUNTS. (2) SECOND.—If the parents so choose, to communities in the program area, including (a) IN GENERAL.—Section 530(b)(1)(A)(iii) of obtain supplementary academic services for parental involvement in, and satisfaction the Internal Revenue Code of 1986 (defining the child, at a cost of not more than $500, with, the program and their children’s edu- education individual retirement account) is from any provider chosen by the parents, cation; amended by striking ‘‘$500’’ and inserting that the State or locality, in accordance (2) compare the educational achievement ‘‘$1,000’’. with regulations of the Secretary, deter- of participating eligible children with the (b) CONFORMING AMENDMENT.—Section mines is capable of providing such services educational achievement of similar non-par- 4973(e)(1)(A) of such Code is amended by and has an appropriate refund policy. ticipating children before, during, and after striking ‘‘$500’’ and inserting ‘‘$1,000’’. (3) LASTLY.—Any funds that remain after the program; and (c) EFFECTIVE DATE.—The amendments the application of paragraphs (1) and (2) shall (3) compare— made by this section shall apply to taxable be used— (A) the educational achievement of eligible years beginning after December 31, 1998. (A) for educational programs that help eli- children who use scholarships to attend TITLE VII—DEVELOPING BETTER gible children achieve high levels of aca- schools other than the schools the children EDUCATION TOOLS demic excellence in the school attended by would attend in the absence of the program; SEC. 701. EDUCATIONAL TOOLS FOR UNDER- the eligible children for whom a scholarship with SERVED STUDENTS. was provided, if the eligible children attend (B) the educational achievement of chil- (a) FINDINGS.—Congress makes the fol- a public school; or dren who attend the schools the children lowing findings: (B) by the State or locality for additional would attend in the absence of the program. (1) Limited data exists regarding Native scholarships in the year or the succeeding SEC. 512. ENFORCEMENT. American, Asian American and many other year of its program, in accordance with this (a) REGULATIONS.—The Secretary shall pro- minority students. title, if the child attends a private school. mulgate regulations to enforce the provi- (2) The limited data available regarding SEC. 510. EFFECT OF PROGRAMS. sions of this title. these students demonstrates potentially se- (a) TITLE I.—Notwithstanding any other (b) PRIVATE CAUSE.—No provision or re- vere educational problems among Native provision of law, a local educational agency quirement of this title shall be enforced American students and a decline in perform- that, in the absence of an educational choice through a private cause of action. ance among Asian American students. program that is funded under this title, SEC. 513. DEFINITIONS. (b) STUDY AND DATA.—The Comptroller would provide services to a participating eli- In this title— General shall conduct a study and collect gible child under part A of title I of the Ele- (1) the term ‘‘locality’’ means— data regarding the education of minority mentary and Secondary Education Act of (A) a unit of general purpose local govern- students, including Native American stu- 1965, shall provide such services to such ment, such as a city, township, or village; or dents, Asian American students, and all child. (B) a local educational agency; and other students who are often combined in (b) INDIVIDUALS WITH DISABILITIES.—Noth- (2) the term ‘‘State’’ means each of the 50 statistical data under the category of other, ing in this title shall be construed to affect States, the District of Columbia, and the in order to provide more extensive and reli- the requirements of part B of the Individuals Commonwealth of Puerto Rico. able data regarding the students and to im- with Disabilities Education Act (20 U.S.C. prove the academic preparation of the stu- TITLE VI—TAX PROVISIONS 1411 et seq.). dents. (c) AID.— SEC. 601. CREDIT FOR CONTRIBUTIONS TO (c) MATTERS STUDIED.—The study referred (1) IN GENERAL.—Scholarships under this SCHOOLS. to in subsection (a) shall examine and com- title are to aid families, not institutions. A (a) IN GENERAL.—Subpart A of part IV of pile information regarding— parent’s expenditure of scholarship funds at subchapter A of chapter 1 of the Internal (1) the environment of the students; a school or for supplementary academic serv- Revenue Code of 1986 (relating to nonrefund- (2) the academic achievement scores in ices shall not constitute Federal financial able personal credits) is amended by insert- reading, mathematics, and science of the aid or assistance to that school or to the pro- ing after section 25A the following: students; vider of supplementary academic services. ‘‘SEC. 25B. CREDIT FOR CONTRIBUTIONS TO (3) the postsecondary education of the stu- (2) SUPPLEMENTARY ACADEMIC SERVICES.— SCHOOLS. dents; (A) IN GENERAL.—Notwithstanding para- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of (4) the environment and education of the graph (1), a school or provider of supple- an individual, there shall be allowed as a members of the students’ families; and mentary academic services that receives credit against the tax imposed by this chap- (5) the parental involvement in the edu- scholarship funds under this title shall, as a ter for the taxable year an amount equal to cation of the students. condition of participation under this title, the qualified charitable contributions of the (d) RECOMMENDATIONS.—The Comptroller comply with the antidiscrimination provi- taxpayer for the taxable year. General shall develop recommendations re- sions of section 601 of title VI of the Civil ‘‘(b) MAXIMUM CREDIT.—The credit allowed garding the development and implementa- Rights Act of 1964 (42 U.S.C. 1681) and section by subsection (a) for any taxable year shall tion of strategies to meet the unique edu- 504 of the Rehabilitation Act of 1973 (29 not exceed $500 ($250, in the case of a married cational needs of the students described in U.S.C. 794). individual filing a separate return). subsection (a). (B) REGULATIONS.—The Secretary shall ‘‘(c) QUALIFIED CHARITABLE CONTRIBU- (e) REPORT.— promulgate new regulations to implement TION.—For purposes of this section— (1) IN GENERAL.—The Comptroller General the provisions of subparagraph (A), taking ‘‘(1) IN GENERAL.—The term ‘qualified char- shall prepare a report regarding the matters into account the purposes of this title and itable contribution’ means, with respect to studied, the information collected, and the

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2961 recommendations developed under this sec- S. 288 428, a bill to amend the Agricultural tion. At the request of Mr. JEFFORDS, the Market Transition Act to ensure that (2) DISTRIBUTION.—The Comptroller Gen- name of the Senator from Maine (Ms. producers of all classes of soft white eral shall distribute the report described in COLLINS) was added as a cosponsor of S. wheat (including club wheat) are per- paragraph (1) to each local educational agen- 288, a bill to amend the Internal Rev- cy and State educational agency in the mitted to repay marketing assistance United States, the Secretary, and Congress. enue Code of 1986 to exclude from in- loans, or receive loan deficiency pay- (f) FUNDING.—The Secretary shall make come certain amounts received under ments, for the wheat at the same rate. available to the Comptroller General, from the National Health Service Corps S. 429 any funds available to the Secretary for sala- Scholarship Program and F. Edward At the request of Mr. DURBIN, the ries and expenses at the Department of Edu- Hebert Armed Forces Health Profes- name of the Senator from New York cation, such sums as the Comptroller Gen- sions Scholarship and Financial Assist- eral determines necessary to carry out this (Mr. MOYNIHAN) was added as a cospon- section. ance Program. sor of S. 429, a bill to designate the SEC. 702. TEACHER TRAINING. S. 296 legal public holiday of ‘‘Washington’s (a) FINDINGS.—Congress finds that too At the request of Mr. FRIST, the Birthday’’ as ‘‘Presidents’ Day’’ in often inexperienced elementary school and names of the Senator from Pennsyl- honor of George Washington, Abraham secondary school teachers or teachers with vania (Mr. SANTORUM) and the Senator Lincoln, and Franklin Roosevelt and in low levels of education are found in schools from Idaho (Mr. CRAPO) were added as recognition of the importance of the predominately serving low-income students. cosponsors of S. 296, a bill to provide (b) STUDY.—The Comptroller General shall institution of the Presidency and the conduct a study to determine whether re- for continuation of the Federal re- contributions that Presidents have quiring teacher training in a specific subject search investment in a fiscally sustain- made to the development of our Nation matter or at least a minor degree in a sub- able way, and for other purposes. and the principles of freedom and de- ject matter (such as mathematics, science, S. 322 mocracy. or English results in improved student per- At the request of Mr. CAMPBELL, the S. 445 formance. name of the Senator from Wisconsin At the request of Mr. JEFFORDS, the SEC. 703. PUTTING THE BEST TEACHERS IN THE EINGOLD CLASSROOM. (Mr. F ) was added as a cospon- name of the Senator from Wisconsin It is the sense of the Senate that— sor of S. 322, a bill to amend title 4, (Mr. FEINGOLD) was added as a cospon- (1) the individual States should evaluate United States Code, to add the Martin sor of S. 445, a bill to amend title XVIII their teachers on the basis of demonstrated Luther King Jr. holiday to the list of of the Social Security Act to require ability, including tests of subject matter days on which the flag should espe- the Secretary of Veterans Affairs and knowledge, teaching knowledge, and teach- cially be displayed. the Secretary of Health and Human ing skill; S. 335 Services to carry out a demonstration (2) States in conjunction with the various local education agencies should develop their At the request of Ms. COLLINS, the project to provide the Department of own methods of testing their teachers and name of the Senator from North Caro- Veterans Affairs with medicare reim- other instructional staff with respect to the lina (Mr. HELMS) was added as a co- bursement for medicare healthcare specific subjects taught by the teachers and sponsor of S. 335, a bill to amend chap- services provided to certain medicare- staff, and should administer the test every 4 ter 30 of title 39, United States Code, to eligible veterans. years to individual teachers; provide for the nonmailability of cer- S. 446 (3) each local educational agency should tain deceptive matter relating to At the request of Mrs. BOXER, the give serious consideration to using a portion games of chance, administrative proce- of the funds made available under section 101 name of the Senator from Maryland to develop and implement a method for eval- dures, orders, and civil penalties relat- (Mr. SARBANES) was added as a cospon- uating each individual teacher’s ability to ing to such matter, and for other pur- sor of S. 446, a bill to provide for the provide the appropriate instruction in the poses. permanent protection of the resources classroom; and S. 364 of the United States in the year 2000 (4) each local educational agency is en- At the request of Mr. BOND, the name and beyond. couraged to give consideration to providing of the Senator from New Mexico (Mr. S. 459 monetary rewards to teachers by developing BINGAMAN) was added as a cosponsor of At the request of Mrs. MURRAY, her a compensation system that supports teach- S. 364, a bill to improve certain loan ers who become increasingly expert in a sub- name was added as a cosponsor of S. ject area, are proficient in meeting the needs programs of the Small Business Admin- 459, a bill to amend the Internal Rev- of students and schools, and demonstrate istration, and for other purposes. enue Code of 1986 to increase the State high levels of performance measured against S. 368 ceiling on private activity bonds. professional teaching standards, and that At the request of Mr. COCHRAN, the At the request of Mr. BREAUX, the will encourage teachers to continue to learn name of the Senator from Colorado names of the Senator from Maine (Ms. needed skills and broaden the teachers’ ex- (Mr. CAMPBELL) was added as a cospon- SNOWE), the Senator from Idaho (Mr. pertise, thereby enhancing education for all sor of S. 368, a bill to authorize the students. CRAPO), and the Senator from Idaho minting and issuance of a commemora- (Mr. CRAIG) were added as cosponsors of TITLE VIII—EMPOWERING STUDENTS tive coin in honor of the founding of S. 459, supra. SEC. 801. EMPOWERING STUDENTS. The Secretary, not later than October 1, Biloxi, Mississippi. S. 472 2004, shall gradually reduce the sum of the S. 376 At the request of Mr. GRASSLEY, the costs for employees and administrative ex- At the request of Mr. BURNS, the name of the Senator from New Jersey penses at the Department of Education as of name of the Senator from Maine (Ms. (Mr. TORRICELLI) was added as a co- the date of enactment of this Act incremen- COLLINS) was added as a cosponsor of S. sponsor of S. 472, a bill to amend title tally each year until the sum of the costs for 376, a bill to amend the Communica- XVIII of the Social Security Act to employees and administrative costs are re- tions Satellite Act of 1962 to promote duced by 35 percent. provide certain medicare beneficiaries competition and privatization in sat- with an exemption to the financial lim- f ellite communications, and for other itations imposed on physical, speech- ADDITIONAL COSPONSORS purposes. language pathology, and occupational S. 98 S. 427 therapy services under part B of the At the request of Mr. MCCAIN, the At the request of Mr. ABRAHAM, the medicare program, and for other pur- names of the Senator from Arkansas name of the Senator from Kentucky poses. (Mr. HUTCHINSON), the Senator from (Mr. BUNNING) was added as a cosponsor S. 531 Nebraska (Mr. KERREY), and the Sen- of S. 427, a bill to improve congres- At the request of Mr. ABRAHAM, the ator from Mississippi (Mr. COCHRAN) sional deliberation on proposed Federal name of the Senator from Montana were added as cosponsors of S. 98, a bill private sector mandates, and for other (Mr. BURNS) was added as a cosponsor to authorize appropriations for the purposes. of S. 531, a bill to authorize the Presi- Surface Transportation Board for fiscal S. 428 dent to award a gold medal on behalf of years 1999, 2000, 2001, and 2002, and for At the request of Mrs. MURRAY, her the Congress to Rosa Parks in recogni- other purposes. name was added as a cosponsor of S. tion of her contributions to the Nation.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2962 CONGRESSIONAL RECORD — SENATE March 18, 1999 S. 595 S. RES. 69 natural disasters, and foreign assist- At the request of Mr. DOMENICI, the Resolved, ance, for the fiscal year ending Sep- name of the Senator from Louisiana SECTION 1. RULE OF THE SENATE PROHIBITING tember 30, 1999, and for other purposes; (Ms. LANDRIEU) was added as a cospon- CONSIDERATION OF RETROACTIVE as follows: TAX INCREASES. sor of S. 595, a bill to amend the Inter- At the appropriate place, insert the fol- (a) IN GENERAL.—It shall not be in order in nal Revenue Code of 1986 to establish a lowing: graduated response to shrinking do- the Senate to consider any bill, joint resolu- tion, amendment, motion, or conference re- SEC. . COMPLIANCE WITH ETHICAL STANDARDS FOR FEDERAL PROSECUTORS. mestic oil and gas production and surg- port, that includes a retroactive Federal in- Section 801 of title VIII of the Departments ing foreign oil imports, and for other come tax rate increase. of Commerce, Justice, and State, the Judici- purposes. (b) DEFINITION.—In this resolution— ary, and Related Agencies Appropriations S. 597 (1) the term ‘‘Federal income tax rate in- Act, 1999 (Public Law 105–277) is amended by crease’’ means any amendment to subsection At the request of Mr. SMITH, the striking subsection (c) and inserting the fol- (a), (b), (c), (d), or (e) of section 1, or to sec- name of the Senator from Idaho (Mr. lowing: tion 11(b) or 55(b), of the Internal Revenue CRAIG) was added as a cosponsor of S. ‘‘(c) EFFECTIVE DATE.—The amendments Code of 1986, that imposes a new percentage 597, a bill to amend section 922 of chap- made by this section shall take effect 1 year as a rate of tax and thereby increases the after the date of enactment of this Act.’’. ter 44 of title 28, United States Code, to amount of tax imposed by any such section; protect the right of citizens under the and Second Amendment to the Constitu- (2) a Federal income tax rate increase is STEVENS AMENDMENT NO. 80 tion of the United States. retroactive if it applies to a period beginning Mr. STEVENS proposed an amend- S. 608 prior to the enactment of the provision. ment to the bill, S. 544, supra; as fol- (c) SUPERMAJORITY WAIVER.— At the request of Mr. MURKOWSKI, the lows: name of the Senator from Mississippi (1) WAIVER.—The point of order in sub- section (a) may be waived or suspended only Insert on page 43, after line 15: (Mr. LOTT) was added as a cosponsor of S. 608, a bill to amend the Nuclear by the affirmative vote of three-fifths of the ‘‘PUBLIC AND INDIAN HOUSING Members, duly chosen and sworn. ‘‘HOUSING CERTIFICATE FUND Waste Policy Act of 1982. (2) APPEALS.—An affirmative vote of three- ‘‘(DEFERRAL) SENATE RESOLUTION 33 fifths of the Members, duly chosen and At the request of Mr. MCCAIN, the sworn, shall be required to sustain an appeal ‘‘Of the funds made available under this names of the Senator from North Da- of the ruling of the Chair on a point of order heading in Public Law 105–276 for use in con- nection with expiring or terminating section kota (Mr. DORGAN), the Senator from raised under subsection (a). 8 contracts, $350,000,000 shall not become Mississippi (Mr. COCHRAN), the Senator (d) EFFECTIVE DATE.—This resolution takes effect on January 1, 1999. available until October 1, 1999.’’. from Idaho (Mr. CRAPO), the Senator On page 42, strike beginning with line 10 from Nebraska (Mr. HAGEL), the Sen- f through the end of line 21. ator from Vermont (Mr. JEFFORDS), the SENATE RESOLUTION 70—TO AU- Senator from Maine (Ms. COLLINS), the THORIZE REPRESENTATION OF HUTCHISON AMENDMENT NO. 81 Senator from Texas (Mr. GRAMM), and SENATE AND MEMBERS OF THE the Senator from South Dakota (Mr. Mrs. HUTCHISON proposed an SENATE amendment to the bill, S. 544, supra; as DASCHLE) were added as cosponsors of Senate Resolution 33, a resolution des- Mr. LOTT (for himself and Mr. follows: ignating May 1999 as ‘‘National Mili- DASCHLE) submitted the following reso- On page 58, between lines 15 and 16, insert tary Appreciation Month.’’ lution; which was considered and the following: SENATE RESOLUTION 54 agreed to: TITLE ll—RESTRICTIONS ON DEPLOY- MENT OF UNITED STATES ARMED At the request of Mr. FEINGOLD, the S. RES. 70 FORCES IN KOSOVO name of the Senator from New Jersey Whereas, in the case of James E. SEC. ll01. SHORT TITLE. (Mr. TORRICELLI) was added as a co- Pietrangelo, II v. United States Senate, et al., sponsor of Senate Resolution 54, a reso- Case No. 1:99–CV–323, pending in the United This title may be cited as the ‘‘llllll Act of 1999’’. lution condemning the escalating vio- States District Court for the Northern Dis- SEC. ll02. DEFINITION. lence, the gross violation of human trict of Ohio, the plaintiff has named the United States Senate and all Members of the In this title, the term ‘‘Yugoslavia’’ means rights and attacks against civilians, Senate as defendants; the so-called Federal Republic of Yugoslavia and the attempt to overthrow a demo- Whereas, pursuant to sections 703(a) and (Serbia and Montenegro). cratically elected government in Sierra 704(a)(1) of the Ethics in Government Act of SEC. ll03. FUNDING LIMITATION. Leone. 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the (a) LIMITATION.—None of the funds appro- SENATE RESOLUTION 68 Senate may direct its counsel to defend the priated or otherwise made available to the At the request of Mrs. BOXER, the Senate and Members of the Senate in civil Department of Defense, including funds ap- names of the Senator from West Vir- actions relating to their official responsibil- propriated for fiscal year 1999 and prior fiscal ities: Now, therefore, be it ginia (Mr. ROCKEFELLER), the Senator years, may be obligated or expended for any Resolved, That the Senate Legal Counsel is deployment of ground forces of the Armed from Nevada (Mr. REID), the Senator directed to represent the Senate and all Forces of the United States to Kosovo unless from Louisiana (Ms. LANDRIEU), the Members of the Senate in the case of James and until— Senator from Minnesota (Mr. E. Pietrangelo, II v. United States Senate, et al. (1) the parties to the conflict in Kosovo WELLSTONE), the Senator from Arkan- f have signed an agreement for the establish- sas (Mrs. LINCOLN), and the Senator ment of peace in Kosovo; from Illinois (Mr. DURBIN) were added AMENDMENTS SUBMITTED (2) the President has transmitted to Con- as cosponsors of Senate Resolution 68, gress the report provided for under section a resolution expressing the sense of the 8115 of Public Law 105–262 (112 Stat. 2327); and Senate regarding the treatment of EMERGENCY SUPPLEMENTAL AP- (3) the President has transmitted to the Speaker of the House of Representatives and women and girls by the Taliban in Af- PROPRIATIONS ACT FOR FISCAL YEAR 1999 the President pro tempore of the Senate a re- ghanistan. port containing— f (A) a certification— HATCH (AND OTHERS) (i) that deployment of the Armed Forces of SENATE RESOLUTION 69—TO PRO- the United States to Kosovo is in the na- HIBIT THE CONSIDERATION OF AMENDMENT NO. 79 tional security interests of the United RETROACTIVE TAX INCREASES (Ordered to lie on the table.) States; IN THE SENATE Mr. HATCH (for himself, Mrs. FEIN- (ii) that— Mr. COVERDELL (for himself, Mr. STEIN, Mr. THURMOND, Mr. DEWINE, Mr. (I) the President will submit to Congress an amended budget for the Department of HAGEL, Mrs. HUTCHISON, Mr. KYL, Mr. SESSIONS, and Mr. KENNEDY) submitted Defense for fiscal year 2000 not later than 60 INHOFE, and Mr. GRASSLEY) submitted an amendment intended to be proposed days after the commencement of the deploy- the following resolution; which was re- by them to the bill (S. 544) making ment of the Armed Forces of the United ferred to the Committee on Rules and emergency supplemental appropria- States to Kosovo that includes an amount Administration: tions and rescissions for recovery from sufficient for such deployment; and

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REPORT ON PROGRESS TOWARD BYRD AMENDMENT NO. 85 an increase in the total amount for the MEETING BENCHMARKS. major functional budget category 050 (relat- Thirty days after the date of enactment of Mr. STEVENS (for Mr. BYRD) pro- ing to National Defense) for fiscal year 2000 this Act, and every 60 days thereafter, the posed an amendment to the bill, S. 544, by at least the total amount proposed for the President shall submit to Congress a detailed supra; as follows: deployment of the Armed Forces of the report on the benchmarks that are estab- On page 16, strike beginning with line 12 United States to Kosovo (as compared to the lished to measure progress and determine through page 23, line 8, and insert the fol- amount provided for fiscal year 2000 for the withdrawal of the Armed Forces of the lowing: major functional budget category 050 (relat- United States from Kosovo. Each report EMERGENCY STEEL LOAN GUARANTEE PRO- ing to National Defense) in the budget that shall include— GRAM. (a) SHORT TITLE.—This section may be the President submitted to Congress Feb- (1) a detailed description of the bench- cited as the ‘‘Emergency Steel Loan Guar- ruary 1, 1999); and marks for the withdrawal of the Armed antee Act of 1999’’. (iii) that— Forces from Kosovo; (b) CONGRESSIONAL FINDINGS.—Congress (I) not later than 120 days after the com- (2) the objective criteria for evaluating finds that— mencement of the deployment of the Armed successful achievement of the benchmarks; (1) the United States steel industry has Forces of the United States to Kosovo, forces (3) an analysis of the progress made in been severely harmed by a record surge of of the Armed Forces of the United States achieving the benchmarks; more than 40,000,000 tons of steel imports will be withdrawn from on-going military (4) a comparison of the current status on into the United States in 1998, caused by the operations in locations where maintaining achieving the benchmarks with the progress world financial crisis; the current level of the Armed Forces of the described in the last report submitted under (2) this surge in imports resulted in the United States (as of the date of certification) this section; loss of more than 10,000 steel worker jobs in is no longer considered vital to the national (5) the specific responsibilities assigned to 1998, and was the imminent cause of 3 bank- security interests of the United States; and the implementation force in assisting in the ruptcies by medium-sized steel companies, (II) each such withdrawal will be under- achievement of the benchmarks; Acme Steel, Laclede Steel, and Geneva taken only after consultation with the Ma- (6) the estimated timetable for achieving Steel; jority Leader of the Senate, the Minority the benchmarks; and (3) the crisis also forced almost all United Leader of the Senate, the Speaker of the (7) the status of plans and preparations for States steel companies into— House of Representatives, and the Minority withdrawal of the implementing force once (A) reduced volume, lower prices, and fi- Leader of the House of Representatives; the objective criteria for achieving the nancial losses; and (B) an explanation of the reasons why the benchmarks have been met. (B) an inability to obtain credit for contin- deployment of the Armed Forces of the ued operations and reinvestment in facili- SEC. ll05. STATUTORY CONSTRUCTION. United States to Kosovo is in the national ties; Nothing in this title restricts the author- security interests of the United States; (4) the crisis also has affected the willing- ity of the President to protect the lives of (C) the total number of the United States ness of private banks and investment insti- United States citizens. military personnel that are to be deployed in tutions to make loans to the U.S. steel in- Kosovo and the number of personnel to be dustry for continued operation and reinvest- committed to the direct support of the inter- MCCAIN AMENDMENT NO. 82 ment in facilities; national peacekeeping operation in Kosovo, Mr. STEVENS (for Mr. MCCAIN) pro- (5) these steel bankruptcies, job losses, and including ground troops, air support, logis- posed an amendment to the bill, S. 544, financial losses are also having serious nega- tics support, and intelligence support; supra; as follows: tive effects on the tax base of cities, coun- (D) the percentage that the total number At the appropriate place, insert the fol- ties, and States, and on the essential health, of personnel of the United States Armed lowing: education, and municipal services that these Forces specified in subparagraph (C) bears to government entities provide to their citi- the total number of the military personnel of SEC. . EXTENSION OF AVIATION INSURANCE PROGRAM. zens; and all NATO nations participating in the inter- (6) a strong steel industry is necessary to Section 44310 of title 49, United States national peacekeeping operation in Kosovo; the adequate defense preparedness of the Code, is amended by striking ‘‘March 31, (E) a description of the responsibilities of United States in order to have sufficient 1999.’’ and inserting ‘‘May 31, 1999.’’. the United States military force partici- steel available to build the ships, tanks, pating in the international peacekeeping op- planes, and armaments necessary for the na- eration to enforce any provision of the tional defense. Kosovo peace agreement; and GRASSLEY AMENDMENT NO. 83 (c) DEFINITIONS.—For purposes of this sec- (F) a clear identification of the bench- tion— Mr. STEVENS (for Mr. GRASSLEY) marks for the withdrawal of the Armed (1) the term ‘‘Board’’ means the Loan Forces of the United States from Kosovo, to- proposed an amendment to the bill, S. Guarantee Board established under sub- gether with a description of those bench- 544, supra; as follows: section (e); marks and the estimated dates by which On page 29, insert after line 10: (2) the term ‘‘Program’’ means the Emer- those benchmarks can and will be achieved. DEPARTMENT OF HEALTH AND HUMAN gency Steel Guaranteed Loan Program es- (b) CONSULTATION.— SERVICES tablished under subsection (d); and (1) IN GENERAL.—Prior to the conduct of (3) the term ‘‘qualified steel company’’ OFFICE OF THE SECRETARY any air operations by the Armed Forces of means any company that— the United States against Yugoslavia, the GENERAL DEPARTMENTAL (A) is incorporated under the laws of any President shall consult with the joint con- MANAGEMENT State; gressional leadership and the chairmen and For an additional amount for ‘‘general de- (B) is engaged in the production and manu- ranking minority members of the appro- partmental management’’, $1,400,000, to re- facture of a product defined by the American priate congressional committees with re- duce the backlog of pending nursing home Iron and Steel Institute as a basic steel mill spect to those operations. appeals before the Department Appeals product, including ingots, slab and billets, (2) DEFINITIONS.—In this subsection: Board. plates, flat-rolled steel, sections and struc- (A) APPROPRIATE CONGRESSIONAL COMMIT- On page 42, line 8, strike $3,116,076,000 and tural products, bars, rail type products, pipe TEES.—The term ‘‘appropriate congressional insert $3,114,676,000. and tube, and wire rod; and committees’’ means— On page 42, line 9, strike $164,933,000 and in- (C) has experienced layoffs, production (i) the Committee on Appropriations, the sert $163,533,000. losses, or financial losses since the beginning Committee on Armed Services, the Com- of the steel import crisis, after January 1, mittee on International Relations, and the 1998. Permanent Select Committee on Intelligence SHELBY (AND STEVENS) (d) ESTABLISHMENT OF EMERGENCY STEEL of the House of Representatives; and GUARANTEED LOAN PROGRAM.—There is es- (ii) the Committee on Appropriations, the AMENDMENT NO. 84 tablished the Emergency Steel Guaranteed Committee on Armed Services, the Com- Mr. STEVENS (for Mr. SHELBY for Loan Program, to be administered by the mittee on Foreign Relations, and the Select himself and Mr. STEVENS) proposed an Board, the purpose of which is to provide Committee on Intelligence of the Senate. amendment to the bill, S. 544, supra; as loan guarantees to qualified steel companies (B) JOINT CONGRESSIONAL LEADERSHIP.—The in accordance with this section. term ‘‘joint congressional leadership’’ follows: (e) LOAN GUARANTEE BOARD MEMBERSHIP.— means— At the appropriate place in the bill, insert: There is established a Loan Guarantee (i) the Speaker of the House of Representa- SEC.. TITLE 49 RECODIFICATION CORREC- Board, which shall be composed of— tives and the Majority Leader and the Mi- TION.—Effective December 31, 1998, section (1) the Secretary of Commerce, who shall nority Leader of the House of Representa- 4(k) of the Act of July 5, 1994 (Public Law serve as Chairman of the Board; tives; and 103–272, 108 Stat. 1370), as amended by section (2) the Secretary of Labor; and (ii) the Majority Leader and the Minority 7(a)(3)(D) of the Act of October 31, 1994 (Pub- (3) the Secretary of the Treasury. Leader of the Senate. lic Law 103–429, 108 Stat. 4329), is repealed. (f) LOAN GUARANTEE PROGRAM.—

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(1) AUTHORITY.—The Program may guar- such period as any loan guaranteed under SEC. ll. PRIOR CONGRESSIONAL APPROVAL antee loans provided to qualified steel com- this section is outstanding. FOR SUPPORTING ADMISSION OF panies by private banking and investment (j) SALARIES AND ADMINISTRATIVE EX- CHINA INTO THE WTO. institutions in accordance with the proce- PENSES.—For necessary expenses to admin- (a) IN GENERAL.—Notwithstanding any dures, rules, and regulations established by ister the Program, $5,000,000 is appropriated other provision of law, the United States the Board. to the Department of Commerce, to remain may not support the admission of the Peo- ple’s Republic of China as a member of the (2) TOTAL GUARANTEE LIMIT.—The aggre- available until expended, which may be World Trade Organization unless a provision gate amount of loans guaranteed and out- transferred to the Office of the Assistant of law is passed by both Houses of Congress standing at any 1 time under this section Secretary for Trade Development of the and enacted into law after the enactment of may not exceed $1,000,000,000. International Trade Administration. this Act that specifically allows the United (3) INDIVIDUAL GUARANTEE LIMIT.—The ag- (k) TERMINATION OF GUARANTEE AUTHOR- States to support such admission. gregate amount of loans guaranteed under ITY.—The authority of the Board to make (b) PROCEDURES FOR CONGRESSIONAL AP- commitments to guarantee any loan under this section with respect to a single qualified PROVAL OF UNITED STATES SUPPORT FOR AD- this section shall terminate on December 31, steel company may not exceed $250,000,000. MISSION OF CHINA INTO THE WTO.— 2001. (4) MINIMUM GUARANTEE AMOUNT.—No sin- (1) NOTIFICATION OF CONGRESS.—The Presi- (l) REGULATORY ACTION.—The Board shall gle loan in an amount that is less than dent shall notify the Congress in writing if $25,000,000 may be guaranteed under this sec- issue such final procedures, rules, and regu- lations as may be necessary to carry out this the President determines that the United tion. States should support the admission of the (5) TIMELINES.—The Board shall approve or section not later than 60 days after the date of enactment of this Act. People’s Republic of China into the World deny each application for a guarantee under Trade Organization. this section as soon as possible after receipt (m) EMERGENCY DESIGNATION.—The entire amount made available to carry out this sec- (2) SUPPORT OF CHINA’S ADMISSION INTO THE of such application. WTO.—The United States may support the ad- (6) ADDITIONAL COSTS.—For the additional tion— (1) is designated by Congress as an emer- mission of the People’s Republic of China cost of the loans guaranteed under this sub- into the World Trade Organization if a joint section, including the costs of modifying the gency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and resolution is enacted into law under sub- loans as defined in section 502 of the Con- section (c) and the Congress adopts and gressional Budget Act of 1974 (2 U.S.C. 661a), Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)); and transmits the joint resolution to the Presi- there is appropriated $140,000,000 to remain dent before the end of the 90-day period (ex- available until expended. (2) shall be available only to the extent that an official budget request that includes cluding any day described in section 154(b) of (g) REQUIREMENTS FOR LOAN GUARAN- designation of the entire amount of the re- the Trade Act of 1974), beginning on the date TEES.—A loan guarantee may be issued under on which the Congress receives the notifica- this section upon application to the Board by quest as an emergency requirement (as de- fined in the Balanced Budget and Emergency tion referred to in paragraph (1). a qualified steel company pursuant to an (c) JOINT RESOLUTION.— Deficit Control Act of 1985) is transmitted by agreement to provide a loan to that qualified (1) JOINT RESOLUTION.—For purposes of this the President to Congress. steel company by a private bank or invest- section, the term ‘‘joint resolution’’ means ment company, if the Board determines only a joint resolution of the 2 Houses of that— FRIST (AND THOMPSON) Congress, the matter after the resolving (1) credit is not otherwise available to that AMENDMENT NO. 86 clause of which is as follows: ‘‘That the Con- company under reasonable terms or condi- Mr. STEVENS (for Mr. FRIST for gress approves the support of the United tions sufficient to meet its financing needs, States for the admission of the People’s Re- as reflected in the financial and business himself and Mr. THOMPSON) proposed an amendment to the bill, S. 544, supra; public of China into the World Trade Organi- plans of that company; zation.’’. (2) the prospective earning power of that as follows: (2) PROCEDURES.— company, together with the character and On page 30, line 1, strike ‘‘$11,300,000’’ and (A) IN GENERAL.—A joint resolution may be value of the security pledged, furnish reason- insert ‘‘$14,500,000’’. introduced at any time on or after the date able assurance of repayment of the loan to On page 43, line 12, strike ‘‘$11,300,000’’ and on which the Congress receives the notifica- be guaranteed in accordance with its terms; insert ‘‘$14,500,000’’. tion referred to in subsection (b)(1), and be- (3) the loan to be guaranteed bears interest fore the end of the 90-day period referred to at a rate determined by the Board to be rea- STEVENS AMENDMENT NO. 87 in subsection (b)(2). A joint resolution may sonable, taking into account the current av- Mr. STEVENS proposed an amend- be introduced in either House of the Con- erage yield on outstanding obligations of the gress by any member of such House. ment to the bill, S. 544, supra; as fol- United States with remaining periods of ma- (B) APPLICATION OF SECTION 152.—Subject to turity comparable to the maturity of such lows: the provisions of this subsection, the provi- loan; and At the Appropriate place in the bill, insert: sions of subsections (b), (d), (e), and (f) of (4) the company has agreed to an audit by SEC. . Notwithstanding any other provi- section 152 of the Trade Act of 1974 (19 U.S.C. the General Accounting Office, prior to the sion of law, the taking of a Cook Inlet beluga 2192(b), (d), (e), and (f)) apply to a joint reso- issuance of the loan guarantee and annually whale under the exemption provided in sec- lution under this section to the same extent while any such guaranteed loan is out- tion 101(b) of the Marine Mammal Protection as such provisions apply to resolutions under standing. Act (16 U.S.C. 1371(a)) between the date of section 152. (h) TERMS AND CONDITIONS OF LOAN GUAR- the enactment of this Act and October 1, 2000 (C) DISCHARGE OF COMMITTEE.—If the com- ANTEES.— shall be considered a violation of such Act mittee of either House to which a joint reso- (1) LOAN DURATION.—All loans guaranteed unless such taking occurs pursuant to a co- lution has been referred has not reported it under this section shall be payable in full operative agreement between the National by the close of the 45th day after its intro- not later than December 31, 2005, and the Marine Fisheries Service and Cook Inlet Ma- duction (excluding any day described in sec- terms and conditions of each such loan shall rine Mammal Commission. tion 154(b) of the Trade Act of 1974), such provide that the loan may not be amended, committee shall be automatically discharged or any provision thereof waived, without the STEVENS AMENDMENT NO. 88 from further consideration of the joint reso- consent of the Board. Mr. STEVENS proposed an amend- lution and it shall be placed on the appro- (2) LOAN SECURITY.—Any commitment to priate calendar. issue a loan guarantee under this section ment to the bill, S. 544, supra; as fol- (D) CONSIDERATION BY APPROPRIATE COM- shall contain such affirmative and negative lows: MITTEE.—It is not in order for— covenants and other protective provisions At the Appropriate place in the bill, insert: (i) the Senate to consider any joint resolu- that the Board determines are appropriate. SEC. . Funds provided in the Department tion unless it has been reported by the Com- The Board shall require security for the of Commerce, Justice and State, the Judici- mittee on Finance or the committee has loans to be guaranteed under this section at ary, and Related Agencies Appropriations been discharged under subparagraph (C); or the time at which the commitment is made. Act, 1999 (P.L. 105–277, Division A, Section (ii) the House of Representatives to con- (3) FEES.—A qualified steel company re- 101(b)) for the construction of correctional sider any joint resolution unless it has been ceiving a guarantee under this section shall facility in Barrow Alaska shall be made reported by the Committee on Ways and pay a fee in an amount equal to 0.5 percent available to the North Slope Borough. Means or the committee has been discharged of the outstanding principal balance of the under subparagraph (C). guaranteed loan to the Department of the HUTCHINSON AMENDMENT NO. 89 (E) CONSIDERATION IN THE HOUSE.—A mo- Treasury. tion in the House of Representatives to pro- Mr. HUTCHINSON proposed an (i) REPORTS TO CONGRESS.—The Secretary ceed to the consideration of a joint resolu- of Commerce shall submit to Congress annu- amendment to the bill, S. 544, supra; as tion may only be made on the second legisla- ally, a full report of the activities of the follows: tive day after the calendar day on which the Board under this section during fiscal years At the appropriate place, insert the fol- Member making the motion announces to 1999 and 2000, and annually thereafter, during lowing new section: the House his or her intention to do so.

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(3) CONSIDERATION OF SECOND RESOLUTION Note that, although the number of new Provided further, That any funds appropriated NOT IN ORDER.—It shall not be in order in ei- cases received each year has increased, the by this heading that are made available for ther the House of Representatives or the number of cases decided has not, indicating nonproject assistance shall be obligated and Senate to consider a joint resolution (other lack of resources sufficient to keep up with expended subject to the regular notification than a joint resolution received from the the increasing annual number of new cases. procedures of the Committees on Appropria- other House), if that House has previously Currently, the Appeals Board is receiving tions and to the notification procedures re- adopted a joint resolution under this section. about 25 new cases per week. In earlier peri- lating to the reprogramming of funds under ods 8 to 10 new cases per week were being re- section 634A of the Foreign Assistance Act of GRASSLEY AMENDMENT NO. 90 ceived. 1961 (22 U.S.C. 2394–1):’’. REID AMENDMENT NO. 94 (Ordered to lie on the table.) ROBERTS (AND BROWNBACK) Mr. STEVENS (for Mr. REID) pro- Mr. GRASSLEY submitted an AMENDMENT NO. 91 amendment intended to be proposed by posed an amendment to the bill, S. 544, him to the bill, S. 544, supra; as fol- (Ordered to lie on the table.) supra; as follows: lows: Mr. ROBERTS (for himself and Mr. DEPARTMENT OF DEFENSE—CIVIL On page 29, insert after line 10: BROWNBACK) submitted an amendment DEPARTMENT OF THE ARMY intended to be proposed by them to the DEPARTMENT OF HEALTH AND HUMAN CORPS OF ENGINEERS—CIVIL bill, S. 544, supra; as follows: SERVICES CONSTRUCTION, GENERAL OFFICE OF THE SECRETARY At the appropriate place, insert: For an additional amount for ‘‘Construc- SEC. . LIABILITY OF CERTAIN NATURAL GAS tion, General,’’ $500,000 shall be available for GENERAL DEPARTMENTAL PRODUCERS. MANAGEMENT technical assistance related to shoreline ero- The Natural Gas Policy Act of 1978 (15 sion at Lake Tahoe, NV caused by high lake For an additional amount for ‘‘general de- U.S.C. 3301 et seq.) is amended by adding at levels pursuant to Section 219 of the Water partmental management’’, $1,400,000, to re- the end the following: Resources Development Act of 1992. duce the backlog of pending nursing home ‘‘SEC. 603. LIABILITY OF CERTAIN NATURAL GAS appeals before the Departmental Appeals PRODUCERS. KYL AMENDMENT NO. 95 Board. ‘‘If the Commission orders any refund of Mr. STEVENS (for Mr. KYL) proposed On page 42, line 8, strike $3,116,076,000 and any rate or charge made, demanded, or re- an amendment to the bill, S. 544, supra; insert $3,114,676,000. ceived for reimbursement of State ad valo- as follows: On page 42, line 9, strike $164,933,000 and in- rem taxes in connection with the sale of nat- sert $163,533,000. ural gas before 1989, the refund shall be or- DEPARTMENT OF THE INTERIOR dered to be made without interest or penalty BUREAU OF RECLAMATION EXPLANATION AND JUSTIFICATION of any kind.’’. WATER AND RELATED RESOURCES This amendment provides an additional For an additional amount for ‘‘Water and $1,400,000 for the Department of Health and TORRICELLI AMENDMENT NO. 92 Related Resources,’’ for emergency repairs Human Services Appeals Board. The amend- to the Headgate Rock Hydraulic Project, ment would require that this sum be used by Mr. TORRICELLI proposed an $5,000,000 is appropriated pursuant to the the Appeals Board to reduce a backlog of ap- amendment to the bill, S. 544, supra; as Snyder Act (25 U.S.C.), to be expended by the peals by nursing facilities of civil monetary follows: Bureau of Reclamation, to remain available penalties levied by the Health Care Financ- On page 45, between lines 18 and 19, insert until expended. ing Administration for infractions of the the following: Nursing Home Reform Act of 1987. DOMENICI AMENDMENT NO. 96 SEC. ll. LIMITATION OF FUNDING. The Department of Health and Human Mr. STEVENS (for Mr. DOMENICI) Services Departmental Appeals Board hears (a) IN GENERAL.—Effective December 31, 1999, funding authorized pursuant to the proposed an amendment to the bill, S. and decides cases on appeal from program 544, supra; as follows: units of the Department. Lack of sufficient third and fourth provisos under the heading resources to handle a rapidly increasing case ‘‘SALARIES AND EXPENSES, GENERAL LEGAL AC- DEPARTMENT OF DEFENSE—CIVIL load has lead to a large backlog of pending TIVITIES’’ under the heading ‘‘LEGAL ACTIVI- DEPARTMENT OF THE ARMY TIES’’ under the heading ‘‘GENERAL AD- cases. The major contributor to this backlog CORPS OF ENGINEERS—CIVIL MINISTRATION’’ in title II of Public Law is a substantial increase in appeals of civil CONSTRUCTION, GENERAL monetary penalties levied by HCFA on nurs- 100–202 (101 Stat. 1329-9; 28 U.S.C. 591 note) shall not be available to an independent Of the amounts made available under this ing facilities. Appeals of CMPs have in- heading in P.L. 105–245 for the Lackawanna creased at an accelerating rate each year counsel, appointed before June 30, 1996, pur- suant to chapter 40 of title 28, United States River, Scranton, Pennsylvania, $5,000,000 are since 1995. The rate of increase has acceler- rescinded. ated further since January, 1999, reflecting Code. (b) PENDING INVESTIGATIONS.—Any inves- the enhanced oversight and enforcement of JEFFORDS AMENDMENT NO. 97 nursing facilities undertaken by HCFA fol- tigation or prosecution of a matter being conducted by an independent counsel, ap- Mr. STEVENS (for Mr. JEFFORDS) lowing a Presidential initiative and hearings proposed an amendment to the bill, S. by the Special Committee on Aging. The pointed before June 30, 1996, pursuant to backlog of appeals subverts the purpose and chapter 40 of title 28, United States Code, 544, supra; as follows: effect of civil monetary penalties, delaying and the jurisdiction over that matter, shall On page 9, line 10 after the word ‘‘amend- corrective action and improvements in the be transferred to the Attorney General by ed’’ insert the following: quality of care by nursing facilities. Delay in December 31, 1999. ‘‘: Provided further, That the Agency for adjudication of appeals is also a burden to International Development should undertake efforts to promote reforestation, with careful nursing facilities. HELMS (AND MCCONNELL) attention to the choice, placement, and man- ADMINISTRATION BUDGET PROPOSAL FOR FY 2000 AMENDMENT NO. 93 agement of species of trees consistent with The Clinton Administration proposed an Mr. STEVENS (for Mr. HELMS for watershed management objectives designed increase of $2.8 million for FY 2000 for the himself and Mr. MCCONNELL) proposed to minimize future storm damage, and to Departmental Appeals Board. This amend- an amendment to the bill, S. 544, supra; promote energy conservation through the ment would speed up provision of those funds as follows: use of renewable energy and energy-efficient the Appeals Board could effectively use be- services and technologies: Provided further, fore the end of this fiscal year and thus and On page 8, line 22, insert before the proviso That reforestation and energy initiatives permit the Appeals Board to begin imme- the following: ‘‘Provided further, That up to under this heading should be integrated with diately to take steps to reduce the backlog $1,500,000 of the funds appropriated by this other sustainable development efforts’’. of appeals by nursing facilities. heading may be transferred to ‘Operating Ex- penses of the Agency for International De- DETAILS FOR DEPARTMENTAL APPEALS BOARD LEVIN AMENDMENT NO. 98 velopment, Office of Inspector General’, to NURSING HOME CASELOAD Mr. STEVENS (for Mr. LEVIN) pro- remain available until expended, to be used posed an amendment to the bill, S. 544, for costs of audits, inspections, and other ac- Cases re- Closed no Closed supra; as follows: Year ceived decision with deci- Pending tivities associated with the expenditure of sion funds appropriated by this heading: Provided On page 58, between lines 15 and 16, insert the following: 1996 ...... 335 101 22 212 further, That $500,000 of the funds appro- 1997 ...... 441 160 25 468 priated by this heading shall made be avail- TITLE V—MISCELLANEOUS 1998 ...... 483 303 22 626 able to the Comptroller General for purposes SEC. 5001. (a) DISPOSAL AUTHORIZED.—Sub- 1 1999 ...... 196 117 4 701 of monitoring the provision of assistance ject to subsection (c), the President may dis- 1 As of January 22, 1999. using funds appropriated by this heading: pose of the material in the National Defense

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(for Mr. ROBERTS) Act (7 U.S.C. 7235) to producers of club Authorized Stockpile Disposal proposed an amendment to the bill, S. wheat, the Secretary of Agriculture may not 544, supra; as follows: assess a premium adjustment on the amount Material for disposal Quantity At the appropriate place, insert: that would otherwise be computed for club Zirconium ore ...... 17,383 short dry tons SEC. —. LIABILITY OF CERTAIN NATURAL GAS wheat under the section to reflect the pre- PRODUCERS. mium that is paid for club wheat to ensure (c) MINIMIZATION OF DISRUPTION AND The Natural Gas Policy Act of 1978 (15 its availability to create a blended specialty LOSS.—The President may not dispose of ma- U.S.C. 3301 et seq.) is amended by adding at product known as western white wheat. terial under subsection (a) to the extent that the end the following: (b) RETROACTIVE APPLICATION.—As soon as the disposal will result in— ‘‘SEC. 603. LIABILITY OF CERTAIN NATURAL GAS practicable after the date of the enactment (1) undue disruption of the usual markets PRODUCERS. of this Act, the Secretary of Agriculture of producers, processors, and consumers of ‘‘If the Commission orders any refund of shall make a payment to each producer of the material proposed for disposal; or any rate or charge made, demanded, or re- club wheat that received a discounted loan (2) avoidable loss to the United States. ceived for reimbursement of State ad valo- deficiency payment under section 135 of the (d) RELATIONSHIP TO OTHER DISPOSAL AU- rem taxes in connection with the sale of nat- Agricultural Market Transition Act (7 U.S.C. THORITY.—The disposal authority provided in ural gas before 1989, the refund shall be or- 7235) before that date as a result of the as- subsection (a) is new disposal authority and dered to be made without interest or penalty sessment of a premium adjustment against is in addition to, and shall not affect, any of any kind.’’. club wheat. The amount of the payment for other disposal authority provided by law re- a producer shall be equal to the difference garding the material specified in such sub- STEVENS AMENDMENT NO. 102 between— section. (1) the loan deficiency payment that would (e) NATIONAL DEFENSE STOCKPILE DE- Mr. STEVENS proposed an amend- have been made to the producer in the ab- FINED.—In this section, the term ‘‘National ment to the bill, S. 544, supra; as fol- sence of the premium adjustment; and Defense Stockpile Transaction Fund’’ means lows: (2) the loan deficiency payment actually the fund in the Treasury of the United States At the end of Title II insert the following: received by the producer. established under section 9(a) of the Stra- ‘‘SEC. . Section 328 of the Department of (c) FUNDING SOURCE.—The Secretary shall tegic and Critical Materials Stock Piling Act the Interior and Related Agencies Appropria- use funds available to provide marketing as- (50 U.S.C. 98h(a)). tions Act, 1999 (P.L. 105–277, Division A, Sec- sistance loans and loan deficiency payments tion 1(e), Title III) is amended by striking under subtitle C of the Agricultural Market GRAHAM (AND DEWINE) ‘‘none of the funds in this Act’’ and inserting Transition Act (7 U.S.C. 7231 et seq.) to make AMENDMENT NO. 99 ‘‘none of the funds provided in this Act to the payments required by subsection (b). the Indian Health Service or Bureau of In- (Ordered to lie on the table.) dian Affairs’’.’’ STEVENS AMENDMENT NO. 106 Mr. GRAHAM (for himself and Mr. Mr. STEVENS proposed an amend- DEWINE) submitted an amendment in- GRAMS AMENDMENT NO. 103 tended to be proposed by them to the ment to the bill, S. 544, supra; as fol- bill, S. 544, supra; as follows: Mr. STEVENS (for Mr. GRAMS) pro- lows: On page 44, line 15, strike ‘‘Military,’’ and posed an amendment to the bill, S. 544, At the appropriate place in title II, insert: insert ‘‘Military and those appropriated supra; as follows: SEC.. GLACIER BAY. (a) DUNGENESS CRAB under title V of that division (relating to On page 30, between lines 10 and 11, insert FISHERMEN.—Section 123(b) of the Depart- counter-drug activities and interdiction),’’. the following: ment of the Interior and Related Agencies Appropriations Act, 1999 (section 101(e) of di- PHA RENEWAL vision A of Public Law 105–277) is amended— DOMENICI AMENDMENT NO. 100 Of amounts appropriated for fiscal year (1) in paragraph (1)— Mr. STEVENS (for Mr. DOMENICI) 1999 for salaries and expenses under this (A) by striking ‘‘February 1, 1999’’ and in- proposed an amendment to the bill, S. heading in title II of the Departments of Vet- serting ‘‘June 1, 1999’’; and erans Affairs and Housing and Urban Devel- 544, supra; as follows: (B) by striking ‘‘1996’’ and inserting ‘‘1998’’; opment, and Independent Agencies Appro- and On page 30, after line 10 insert: priations Act, 1999, $3,400,000 shall be trans- (2) in paragraph (3) by striking ‘‘the period CHAPTER 7 ferred to the appropriate account of the De- January 1, 1999, through December 31, 2004, EXECUTIVE OFFICE OF THE PRESIDENT partment of Housing and Urban Development based on the individual’s net earnings from AND FUNDS APPROPRIATED TO THE for annual contributions to public housing the Dungeness crab fishery during the period PRESIDENT agencies for the operation of low-income January 1, 1991, through December 31, 1996’’ FEDERAL DRUG CONTROL PROGRAMS housing projects under section 673 of the and inserting ‘‘for the period beginning Jan- HIGH INTENSITY DRUG TRAFFICKING AREAS Housing and Community Development Act of uary 1, 1999 that is equivalent in length to PROGRAM (INCLUDING TRANSFER OF FUNDS) 1992 (42 U.S.C. 1437g): Provided, That in dis- the period established by such individual tributing such amount, the Secretary of For necessary expenses of the Office of Na- under paragraph (1), based on the individ- Housing and Urban Development shall give tional Drug Control Policy’s High Intensity ual’s net earnings from the Dungeness crab priority to public housing agencies that sub- Drug Trafficking Areas Program, an addi- fishery during such established period’’. mitted eligible applications for renewal of tional $750,000 is appropriated for drug con- (b) OTHERS EFFECTED BY FISHERY CLOSURES fiscal year 1995 elderly service coordinator trol activities which shall be used specifi- AND RESTRICTIONS.—Section 123 of the De- grants pursuant to the Notice of Funding cally to expand the Southwest Border High partment of the Interior and Related Agen- Intensity Drug Trafficking Area for the Availability for Service Coordinator Funds cies Appropriations Act, 1999 (section 101(e) State of New Mexico to include Rio Arriba for Fiscal Year 1998, as published in the Fed- of division A of Public Law 105–277), as County, Santa Fe County, and San Juan eral Register on June 1, 1998. amended, is amended further by redesig- County, New Mexico, which are hereby des- nating subsection (c) as subsection (d) and ignated as part of the Southwest Border High LINCOLN AMENDMENT NO. 104 inserting immediately after subsection (b) Intensity Drug Trafficking Area for the the following new subsection: Mr. STEVENS (for Mrs. LINCOLN) ‘‘(c) OTHERS AFFECTED BY FISHERY CLO- State of New Mexico, and an additional proposed an amendment to the bill, S. $500,000 is appropriated for national efforts SURES AND RESTRICTIONS.—The Secretary of related to methamphetamine reduction ef- 544, supra; as follows: the Interior is authorized to provide such forts.’’ On page 5, line 9, strike ‘‘watersheds’’ in- funds as are necessary for a program devel- On page 44, after line 7 insert: sert in lieu thereof the following: ‘‘water- oped with the concurrence of the State of CHAPTER 9 sheds, including debris removal that would Alaska to fairly compensate United States fish processors, fishing vessel crew members, EXECUTIVE OFFICE OF THE PRESIDENT not be authorized under the Emergency Wa- communities, and others negatively affected AND FUNDS APPROPRIATED TO THE tershed Program,’’. by restrictions on fishing in Glacier Bay Na- PRESIDENT GORTON AMENDMENT NO. 105 tional Park. For the purpose of receiving FEDERAL DRUG CONTROL PROGRAMS compensation under the program required by SPECIAL FORFEITURE FUND (RESCISSION) Mr. STEVENS (for Mr. GORTON) pro- this subsection, a potential recipient shall Of the funds made available under this posed an amendment to the bill, S. 544, provide a sworn and notarized affidavit to es- heading in Division A of the Omnibus Con- supra; as follows: tablish the extent of such negative effect.’’.

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(c) IMPLEMENTATION.—Section 123 of the (A) was subject to such section; and That this sale of agricultural commodities Department of the Interior and Related (B) had a regular tour of duty that aver- would increase United States agricultural Agencies Appropriations Act, 1999 (section aged more than 60 hours per week; and exports by about $500 million, at a time when 101(e) of division A of Public Law 105–277), as (2) before December 31, 1999, is involun- agricultural exports have fallen dramati- amended, is amended further by inserting at tarily moved without a break in service from cally; the end the following new subsection: the regular tour of duty under paragraph (1) That sanctions on food are counter- ‘‘(e) IMPLEMENTATION AND EFFECTIVE to a regular tour of duty that— productive to the interests of United States DATE.—The Secretary of the Interior shall (A) averages 60 hours or less per week; and farmers and to the people who would be fed publish an interim final rule for the federal (B) does not include a basic 40-hour work- by these agricultural exports: implementation of subsection (a) and shall week. Now therefore, it is the sense of the Senate provide an opportunity for public comment (b) Subsection (a) shall apply to fire- that the pending license for this sale of on such interim final rule. The effective date fighters described under that subsection as United States wheat and other agricultural of the prohibitions in paragraphs (2) through of the effective date of section 5545b of title commodities to Iran be approved by the ad- (5) of section (a) shall be 60 days after the 5, United States Code. ministration. publication in the Federal Register of a final (c) The Office of Personnel Management rule for the federal implementation of sub- may prescribe regulations necessary to im- GREGG AMENDMENT NO. 113 section (a). In the event that any individual plement this section. eligible for compensation under subsection Mr. STEVENS (for Mr. GREGG) pro- (b) has not received full compensation by ENZI (AND OTHERS) AMENDMENT posed an amendment to the bill, S. 544, June 15, 1999, the Secretary shall provide NO. 111 supra; as follows: partial compensation on such date to such At the appropriate place in title II, insert individual and shall expeditiously provide Mr. STEVENS (for Mr. ENZI for him- the following: full compensation thereafter.’’. self, Mr. SESSIONS, Mr. GRAMS, Mr. SEC. . LIMITATION ON FISHING PERMITS OR (d) Of the funds provided under the heading BRYAN, Mr. LUGAR, Mr. REID, Mr. AUTHORIZATIONS ‘‘National Park Service, Construction’’ in VOINOVICH, and Mr. BROWNBACK) pro- Section 617(a) of the Department of Com- Public Law 105–277, $3,000,000 shall not be posed an amendment to the bill, S. 544 merce, Justice, and State, the Judiciary, and available for obligation until October 1, 1999. supra; as follows: Related Agencies Appropriations Act, 1999 (as added by section 101(b) of division A of At the appropriate place, insert the fol- GORTON AMENDMENT NO. 107 the Omnibus Consolidated and Emergency lowing: Supplemental Appropriations Act, 1999 (Pub- Mr. STEVENS (for Mr. GORTON) pro- SEC. . PROHIBITION. posed an amendment to the bill, S. 544, lic Law 105–277)) is amended by inserting— (a) Notwithstanding any other provision of (a) ‘‘or under any other provisions of the supra; as follows: law, prior to eight months after Congress re- law hereinafter enacted,’’ after ‘‘made avail- On page 12, line 15, after the word ‘‘nature’’ ceives the report of the National Gambling able in the Act’’; and, insert the following: ‘‘, and to replace and re- Impact Study Commission, the Secretary of (b) at the end of paragraph (1) and before pair power generation equipment’’. the Interior shall not— the semicolon, ‘‘unless the participation of (1) promulgate as final regulations, or in such a vessel in such fishery is expressly al- LANDRIEU AMENDMENT NO. 108 any way implement, the proposed regula- lowed under a fishery management plan or tions published on January 22, 1998, at 63 plan amendment developed and approved Mr. STEVENS (for Ms. LANDRIEU) Fed. Reg. 3289; or first by the appropriate Regional Fishery proposed an amendment to the bill, S. (2) issue a notice of proposed rulemaking Management Council(s) and subsequently ap- 544, supra; as follows: for, or promulgate, or in any way implement, proved by the Secretary for that fishery On page 9, line 10, after the word ‘‘amend- any similar regulations to provide for proce- under the Magnuson-Stevens Fishery Con- ed’’ insert the following: ‘‘:Provided further, dures for gaming activities under the Indian servation and Management Act (16 U.S.C. That of the funds made available under this Gaming Regulatory Act (25 U.S.C. 2701 et 1801 et seq.)’’. heading, up to $10,000,000 may be used to seq.), in any case in which a State asserts a defense of sovereign immunity to a lawsuit build permanent single family housing for CRAPO AMENDMENT NO. 114 those who are homeless as a result of the ef- brought by an Indian tribe in a Federal court fects of hurricanes in Central America and under section 11(d)(7) of that Act (25 U.S.C. Mr. STEVENS (for Mr. CRAPO) pro- the Caribbean’’. 2710(d)(7)) to compel the State to participate posed an amendment to the bill, S. 544, in compact negotiations for class III gaming supra; as follows: (as that term is defined in section 4(8) of that DASCHLE AMENDMENTS NO. 109–110 Act (25 U.S.C. 2703(8))). On page 58, between lines 15 and 16, insert the following: Mr. STEVENS (for Mr. DASCHLE) pro- (3) approve class III gaming on Indian lands by any means other than a Tribal- SEC. 4. . WATER AND WASTEWATER INFRA- posed two amendments to the bill, S. STRUCTURE PROJECTS. 544, supra; as follows: State compact entered into between a state and a tribe. Of the amount appropriated under the AMENDMENT NO. 109 (b) DEFINITIONS.— heading ‘‘ENVIRONMENTAL PROGRAMS AND At the appropriate place, insert the fol- (1) The terms ‘‘class III gaming’’, ‘‘Sec- MANAGEMENT’’ in title III of the Departments lowing: retary’’, ‘‘Indian lands’’, and ‘‘Tribal-State of Veterans Affairs and Housing and Urban SEC. lll. WHITE RIVER SCHOOL DISTRICT #4. compact’’ shall have the same meaning for Development, and Independent Agencies Ap- From any unobligated funds that are avail- the purposes of this section as those terms propriations Act, 1999 (Public Law 105–276), able to the Secretary of Education to carry have under the Indian Gaming Regulatory $1,300,000 shall be transferred to the State out section 306(a)(1) of the Department of act (25 U.S.C. 2701 et seq.). and tribal assistance grant account for a Education Appropriations Act, 1996, the Sec- (2) the ‘‘report of the National Gambling grant for water and wastewater infrastruc- retary shall provide not more than $239,000, Impact Study Commission’’ is the report de- ture projects in the State of Idaho. under such terms and conditions as the Sec- scribed in section 4(b) of P.L. 104–169 (18 retary determines appropriate, to the White U.S.C. sec. 1955 note). KOHL (AND OTHERS) AMENDMENT River School District #4, #47–1, White River, NO. 115 South Dakota, to be used to repair damage DORGAN (AND CRAIG) Mr. STEVENS (for Mr. KOHL, for caused by water infiltration at the White AMENDMENT NO. 112 River High School, which shall remain avail- himself, Mr. HARKIN, and Mr. DURBIN) able until expended. Mr. STEVENS (for Mr. DORGAN, for proposed an amendment to the bill, S. himself and Mr. CRAIG) proposed an 544, supra; as follows: AMENDMENT NO. 110 amendment to the bill, S. 544, supra; as On page 37, line 9 strike $285,000,000’’ and At the appropriate place, insert the fol- follows: insert in lieu thereof $313,000,000’’. lowing new section: At the appropriate place in title II, insert At the appropriate place, insert the fol- SEC. ll. (a) The treatment provided to the following new section: lowing: firefighters under section 628(f) of the Treas- ‘‘SEC. . Notwithstanding Section 11 of the SEC. . SENSE OF THE SENATE: EXPRESSING THE ury and General Government Appropriations SENSE OF THE SENATE THAT A Commodity Credit Corporation Charter Act Act, 1999 (as included in section 101(h) of Di- PENDING SALE OF WHEAT AND (15 U.S.C. 714i), an additional $28,000,000 shall vision A of the Omnibus Consolidated and OTHER AGRICULTURAL COMMOD- be provided through the Commodity Credit Emergency Supplemental Appropriations ITIES TO IRAN BE APPROVED. Corporation in fiscal year 1999 for technical Act, 1999 (Public Law 105–277)) shall be pro- The Senate finds: assistance activities performed by any agen- vided to any firefighter who— That an export license is pending for the cy of the Department of Agriculture in car- (1) on the effective date of section 5545b of sale of United States wheat and other agri- rying out any conservation or environmental title 5, United States Code— cultural commodities to the nation of Iran; program funded by the Commodity Credit

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2968 CONGRESSIONAL RECORD — SENATE March 18, 1999 Corporation: Provided, That the entire emergency requirement pursuant to section (b) Section 832(a) of the Western Hemi- amount shall be available only to the extent 251(b)(2)(A) of such Act. sphere Drug Elimination Act (Public Law an official budget request for $28,000,000, that 105–277) is amended— includes designation of the entire amount of STEVENS AMENDMENT NO. 118 (1) in the first sentence— the request as an emergency requirement as (A) by striking ‘‘Secretary of Agriculture’’ defined in the Balanced Budget and Emer- Mr. STEVENS proposed an amend- and inserting ‘‘Secretary of State’’; and gency Deficit Control Act of 1985, as amend- ment to the bill, S. 544, supra; as fol- (B) by striking ‘‘the Agricultural Research ed, is transmitted by the President to the lows: Service of the Department of Agriculture’’ Congress: Provided further, That the entire At the appropriate place in the bill insert and inserting ‘‘the Department of State’’; amount is designated by Congress as an the following new section: (2) in paragraph (5), by inserting ‘‘(without emergency requirement pursuant to section SEC. . Notwithstanding any other provi- regard to any requirement in law relating to 251(b)(2)(A) of such Act.’’. sion of law, monies available under section public notice or competition)’’ after ‘‘to con- 763 of the Agriculture, Rural Development, tract’’; and BOND (AND OTHERS) AMENDMENT Food and Drug Administration, and Related (3) by adding at the end the following: NO. 116 Agencies Appropriations Act, 1999 shall be ‘‘Any record related to a contract entered provided by the Secretary of the Agriculture into, or to an activity funded, under this Mr. STEVENS (for Mr. BOND for him- directly to any state determined by the Sec- subsection shall be exempted from disclosure self, Mr. DURBIN, Mr. ASHCROFT, Mr. retary of Agriculture to have been materi- as described in section 552(b)(3) of title 5, GRASSLEY, Mr. FRIST, and Mr. HARKIN) ally affected by the commercial fishery fail- United States Code.’’. proposed an amendment to the bill, S. ure or failures declared by the Secretary of 544, supra; as follows: Commerce in September, 1998 under section f 312(a) of the Magnuson-Stevens Fishery Con- On page 2, between lines 20 and 21, insert servation and Management Act. Such state the following: shall disburse the funds to individuals with NOTICES OF HEARINGS FUNDS FOR STRENGTHENING MARKETS, INCOME, family incomes below the federal poverty AND SUPPLY level who have been adversely affected by COMMITTEE ON ENERGY AND NATURAL RESOURCES (SECTION 32) the commercial fishery failure or failures: For an additional amount for the fund Provided, That the entire amount shall be Mr. MURKOWSKI. Mr. President, I maintained for funds made available under available only to the extent an official budg- would like to announce for the public section 32 of the Act of August 24, 1935 (7 et request for such amount, that includes that a hearing has been scheduled be- U.S.C. 612c), $150,000,000: Provided, That the designation of the entire amount of the re- quest as an emergency requirement as de- fore the Full Energy and Natural Re- entire amount shall be available only to the sources Committee to consider Nuclear extent an official budget request for fined in the Balanced Budget and Emergency $150,000,000, that includes designation of the Deficit Control Act of 1985, as amended, is Waste Storage and Disposal Policy, in- entire amount of the request as an emer- transmitted by the President to Congress: cluding S. 608, the Nuclear Waste Pol- gency requirement as defined in the Bal- Provided further, That the entire amount is icy Act of 1999. anced Budget and Emergency Deficit Control designated by Congress as an emergency re- The hearing will take place on Act of 1985, as amended, is transmitted by quirement under section 251(b)(2)(A) of such Act. Wednesday, March 24, 1999, at 9:30 A.M. the President to Congress: Provided further, in room SD–366 of the Dirksen Senate That the entire amount is designated by Congress as an emergency requirement under FEINSTEIN (AND BOXER) Office Building. section 251(b)(2)(A) of such Act. AMENDMENT NO. 119 For further information, please call On page 7, between lines 8 and 9, insert the Karen Hunsicker at (202) 224–3543 or Mr. STEVENS (for Mrs. FEINSTEIN for following: Betty Nevitt, Staff Assistant at (202) herself and Mrs. BOXER) proposed an GENERAL PROVISION, THIS CHAPTER 224–0765. amendment to the bill, S. 544, supra; as SEC. ll. The Secretary of Agriculture COMMITTEE ON INDIAN AFFAIRS may waive the limitation established under follows: the second sentence of the second paragraph On page 2, line 11, strike $20,000,000 and in- Mr. CAMPBELL. Mr. President, I of section 32 of the Act of August 24, 1935 (7 sert $25,000,000. would like to announce that the Senate U.S.C. 612c), on the amount of funds that On page 2, line 13, strike $20,000,000 and in- Committee on Indian Affairs will meet may be devoted during fiscal year 1999 to any sert $25,000,000. On page 37, line 9, increase the amount by during the session of the Senate on 1 agricultural commodity or product thereof. Wednesday, March 24, 1999 at 9:30 a.m. On page 37, line 9, strike ‘‘$285,000,000’’ and $5,000,000. insert ‘‘$435,000,000’’. to conduct a Hearing on S. 399, the In- DeWINE (AND OTHERS) dian Gaming Regulatory Improvement Act of 1999. The Hearing will be held in BYRD (AND STEVENS) AMENDMENT NO. 120 room 485 of the Russell Senate Office AMENDMENT NO. 117 Mr. STEVENS (for Mr. DEWINE for Building. Mr. STEVENS (for Mr. BYRD for himself, Mr. BURNS, and Mr. COVER- Those wishing additional information himelf and Mr. STEVENS) proposed an DELL) proposed an amendment to the should contact the Committee on In- amendment to the bill, S. 544, supra; as bill, S. 544, supra; as follows: dian Affairs at 202–224–2251. follows: On page 24, between lines 2 and 3, insert On page 37, line 9 strike ‘‘$313,000,000’’ and the following: COMMITTEE ON RULES AND ADMINISTRATION insert in lieu thereof ‘‘$343,000,000’’. DEPARTMENT OF STATE Mr. MCCONNELL. Mr. President, I On page 5, after line 20 insert the fol- INTERNATIONAL NARCOTICS CONTROL AND LAW wish to announce that the Committee lowing: ENFORCEMENT on Rules and Administration will meet RURAL COMMUNITY ADVANCEMENT PROGRAM For an additional amount for ‘‘Inter- on Wednesday, March 24, 1999 at 9:30 For an additional amount for the costs of national Narcotics Control and Law Enforce- a.m. in Room SR–301 Russell Senate direct loans and grants of the rural utilities ment’’, $23,000,000, for additional counterdrug Office Building, to receive testimony programs described in section 381E(d)(2) of research and development activities: Pro- on campaign contribution limits. the Consolidated Farm and Rural Develop- vided, That the entire amount is designated ment Act (7 U.S.C. 2009f), as provided in 7 by the Congress as an emergency require- For further information concerning U.S.C. 1926(a) and 7 U.S.C. 1926C for distribu- ment pursuant to section 251(b)(2)(A) of the this meeting, please contact Tamara tion through the national reserve, $30,000,000, Balanced Budget and Emergency Deficit Somerville at the Rules Committee on of which $25,000,000 shall be for grants under Control Act of 1985: Provided further, That 4–6352. such program: Provided, That the entire such amount shall be available only to the amount shall be available only to the extent extent an official budget request that in- COMMITTEE ON ENERGY AND NATURAL an official budget request for $30,000,000, that cludes designation of the entire amount of RESOURCES includes designation of the entire amount of the request as an emergency requirement as Mr. MURKOWSKI. Mr. President, I the request as an emergency requirement as defined in such Act is transmitted by the would like to announce for the infor- defined in the Balanced Budget and Emer- President to the Congress. gency Deficit Control Act of 1985, as amend- On page 37 increase the amount of the re- mation of the Senate and the public ed, is transmitted by the President to the scission on line 9 by $23,000,000. that hearings have been scheduled be- Congress: Provided further, That the entire On page 44, between lines 11 and 12, insert fore the Committee on Energy and Nat- amount is designated by Congress as an the following: ural Resources.

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2969 The hearings will take place on Tues- Affairs be authorized to meet during even larger strides in the area of crop day, April 20; Tuesday, April 27, and the session of the Senate on Thursday, insurance reform.∑ Tuesday, May 4, 1999. Each hearing will March 18, 1999 at 10:00 p.m. to hold a f commence at 9:30 a.m. in room SD-366 hearing. DOMESTIC HUNGER of the Dirksen Senate Office Building The PRESIDING OFFICER. Without in Washington, D.C. objection, it is so ordered. ∑ Mr. LEAHY. Mr. President, I take The purpose of the hearings is to re- SUBCOMMITTEE ON READINESS AND this opportunity to briefly talk about ceive testimony on S. 25, the Conserva- MANAGEMENT the problem of hunger in our nation. I tion and Reinvestment Act of 1999; S. Mr. STEVENS. Mr. President, I ask would also like to place into the CON- 446, the Resources 2000 Act; S. 532, the unanimous consent that the Sub- GRESSIONAL RECORD two recent front- Public Land and Recreation Invest- committee on Readiness and Manage- page articles from the New York ment Act of 1999; and the Administra- ment support of the Committee on Times, written by Andrew Revkin. tion’s Lands Legacy proposal. Armed Services be authorized to meet These articles provide valuable insight Because of the limited time available at 2:00 on Thursday, March 18, 1999, in into the growing demand for emer- for each hearing, witnesses may testify open session, to review the readiness of gency food assistance that food banks by invitation only. However, those the United States Air Force and Army around the country have been facing wishing to submit written testimony Operating Forces. over the last couple of years. for the hearing record should send two The PRESIDING OFFICER. Without Mr. President, as we approach the be- copies of their testimony of the Com- objection, it is so ordered. ginning of the next century, we have much to be proud of as a nation. The mittee on Energy and Natural Re- f sources, United States Senate, 364 stock market has reached an historic Dirksen Senate Office Building, Wash- ADDITIONAL STATEMENTS 10,000 mark. We are in the midst of one ington, D.C. 20510-6150. of the greatest economic expansions in our nation’s history. More Americans For further information, please con- CROP INSURANCE IMPROVEMENT own their own homes than at any time, tact Kelly Johnson at (202) 224-4971. ACT OF 1999 f and we have the lowest unemployment ∑ Mr. BURNS. Mr. President, I rise and welfare caseloads in a generation. AUTHORITY FOR COMMITTEES TO today as one of the proud cosponsors of Not to mention the fact that for the MEET S. 629, the Crop Insurance Improve- first time in three decades, there is a COMMITTEE ON ARMED SERVICES ment Act of 1999, sponsored by Senator surplus in the federal budget. Mr. STEVENS. Mr. President, I ask CRAIG. The issue of crop insurance re- Yet, there are millions of Americans unanimous consent that the Com- form is and will continue to be a pri- who go hungry every day. This is mor- mittee on Armed Services be author- mary issue for agriculture this session. ally unacceptable. We must resolve to ized to meet on Thursday, March 18, The language offered today brings put an end to the pernicious occurrence 1999, at 9:30 a.m., in open session, to re- important changes to crop insurance, of hunger in our nation. Hunger is not ceive testimony on the Defense author- especially for specialty crops. This bill a Democrat or Republican issue. Hun- ization request for fiscal year 2000 and drastically improves procedures for de- ger is a problem that all Americans the Future Years Defense Program. termining yields and improves the non- should agree must be ended in our na- The PRESIDING OFFICER. Without insured crop assistance programs. This tion. objection, it is so ordered. bill, S. 629, also improves the safety net While it is true that food stamp and to producers through cost of produc- COMMITTEE ON FINANCE welfare program caseloads are drop- tion crop insurance coverage. Mr. STEVENS. Mr. President, the Fi- ping, hunger is not. As families try to This is another important tool to re- nance Committee requests unanimous make the transition from welfare to form the current crop insurance pro- consent to conduct a hearing on Thurs- work, too many are falling out and gram into a risk management program, day, March 18, 1999, beginning at 10:00 being left behind. And too often, it is which will return more of the economic a.m., in room 215, Dirksen. our youth who is feeling the brunt of dollar back to the producer. It is vital The PRESIDING OFFICER. Without this, as one out of every five people lin- to find a solution to provide a way for objection, it is so ordered. ing up at soup kitchens is a child. farmers and ranchers to stay in agri- Second Harvest, the nation’s largest COMMITTEE ON HEALTH, EDUCATION, LABOR, culture. They must ultimately regain hunger relief charity, distributed more AND PENSIONS the responsibility for risk management than one billion pounds of food to an Mr. STEVENS. Mr. President, I ask the Federal Government withdrew. estimated 26 million low-income Amer- unanimous consent that the Com- To help agricultural producers do icans last year through their network mittee on Health, Education, Labor, that, the Federal Government must fix of regional food banks. These food and Pensions be authorized to meet the current crop insurance program banks provide food and grocery prod- during the sessions of the Senate on and make it one the producer can use ucts to nearly fifty thousand local Thursday, March 18, 1999 and Friday, as an effective risk management tool. charitable feeding programs—food March 19, 1999. The purpose of these Eventually, I envision a crop insurance shelves, pantries, soup kitchens and meetings will be to consider S. 326, the program that puts the control in the emergency shelters. Patients’ Bill of Rights, and several hands of agricultural producers. It is Just as demand is rising at local hun- nominations. the Federal Government’s role to fa- ger relief agencies, too many pantries The PRESIDING OFFICER. Without cilitate a program to unite the pro- and soup kitchens are being forced to objection, it is so ordered. ducer and the private insurance com- turn needy people away because the re- SELECT COMMITTEE ON INTELLIGENCE pany. quest for their services exceeds avail- Mr. STEVENS. Mr. President, I ask It is of utmost importance that we able food. Today I enter into the record unanimous consent that the Select get the producers of this country back stories detailing some of the problems Committee on Intelligence be author- on track. Crop insurance reform is one that these local hunger relief agencies, ized to meet during the session of the sure way to do that. I urge my col- as chronicled in the New York Times. Senate on Thursday, March 18, 1999 at leagues here today to consider the posi- Last December, Peter Clavelle, 2:30 p.m. to hold a closed hearing on In- tive effect crop insurance will and Mayor of Burlington, Vermont, re- telligence Matters. must have on the farm economy. leased the U.S. Conference of Mayors The PRESIDING OFFICER. Without Mr. President, I look forward to Annual Survey of Hunger and Home- objection, it is so ordered. working with Senator CRAIG on crop lessness. The Mayors reported that de- SUBCOMMITTEE ON EAST ASIAN AND PACIFIC insurance reform. I will have some mand for hunger relief services grew 14 AFFAIRS amendments forthcoming, that I be- percent last year. Additionally, 21 per- Mr. STEVENS. Mr. President, I ask lieve will make this bill even more ef- cent of requests for emergency food are unanimous consent that the Sub- fective. I also plan to introduce a bill estimated to have gone unmet. This is committee on East Asian and Pacific this session that I believe will make the highest rate of unmet need by

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2970 CONGRESSIONAL RECORD — SENATE March 18, 1999 emergency food providers since the re- for donations. He was not having a very good and scant money chasing additional, but cession of the early 1990s. And this is day. smaller, donations from local sources in- not just a problem of the inner cities. As one of four full-time brokers at Second stead of big corporations. Harvest, the country’s largest nonprofit According to the Census Bureau, hun- Some food pantries and soup kitchens re- clearinghouse for donations to soup kitchens main relatively flush. But across the coun- ger and poverty are growing faster in and food pantries, Taritas has the job of reel- try, thousands of others are cutting hours, the suburbs than anywhere else in ing in the grocery industry’s castoffs—the limiting the size and frequency of handouts, America. In my own state of Vermont, mislabeled cans, outdated cartons and un- rationing coveted items like hot dogs and one in ten people is ‘‘food insecure,’’ popular brands that will never make it to su- peanut butter and seeking unorthodox sup- according to government statistics. permarket shelves. plements like road-killed deer, according to That is, of course, just a clinical way But eight hours into this day, his best state and local surveys and Second Harvest to say they are hungry or at risk of catch was 4,000 cases of Puffed Wheat, Raisin reports. Some are even having to turn people Bran, Honey Smacks and other cereals. Be- away. hunger. yond that, all he had to show for his work Last year, half the food charities in New Under the leadership of Deborah was 32 cases of chocolate-crunch energy bars York City cut the size of handouts at least Flateman, the Vermont Food Bank in from a warehouse in Honolulu, 500 cases of part of the year, according to a survey by the South Barre distributes food to ap- bottled spring water from Tucson, Ariz., and New York City Coalition Against Hunger, a proximately 240 private social service 5,000 cases of Cremora from Columbus, Ohio. private group. Largely for lack of food, the agencies throughout the state to help ‘‘Some days,’’ Taritas said, ‘‘it’s like coalition has begun counseling churches and hungry and needy Vermonters. Just catching smoke.’’ synagogues against setting up new pantries These are anxious times at Second Har- and soup kitchens. last week, the thousands of vest, the hub of America’s sprawling system Vermonters who receive food from the At the end of the emergency-food chain— of church-basement soup kitchens and food the men, women and children standing in Food Bank came perilously close to pantries. line at the church-basement door—that fal- finding out what life would be like Over nearly two decades, that network has tering flow of donations is calling into ques- without its support, when the roof of expanded to serve more than $1 billion worth tion the notion that private charity should, the Food Bank’s main warehouse col- of food each year to 20 million Americans. and can, soften the sting of losing public en- lapsed. Though the warehouse was de- But now, as changes in welfare policy push titlements. These days, a lot of people in the stroyed, the need for food was not, and many people away from the public dole, pri- food-banking business are worrying that a vate charity is lagging even further behind system created as a supplement to public aid the Vermont Food Bank is continuing in its efforts to feed the lengthening lines. its operation while being temporarily is turning out to be an increasingly ineffec- Part of the problem, by the charities’ ac- tive substitute for it. housed in a former nursing home. I ap- count, is rising demand on a system that was THE CHARITY NETWORK: SOURCE IN A CRISIS IS plaud the efforts of Deborah and all of never really able to keep up in the first NOW A MAINSTAY the workers and volunteers of the Food place. Last year, Second Harvest calculated that it would have to double the flow of food Twenty-five years ago, the only food bank Bank who are persevering over this in New Jersey was Kathleen DiChiara, a huge obstacle and are keeping food on to supply everyone seeking help. But the supply side has begun to hit hard homemaker from Summit who carted canned the table for many hungry Vermonters. times, too. Most troubling to the charities is goods in her station wagon from food drives The local food shelves and emergency the cooling of their traditional symbiotic re- at churches to people in need. Around the kitchens which receive food from the lationship with America’s food-making gi- country, food pantries and soup kitchens Vermont Food Bank clearly are on the ants, in which millions of tons of surplus were almost unknown beyond Skid Row. front-line against hunger. And what food products has flowed to people in need. But as the deep recession of the early 1980’s they are seeing is very disturbing—one From the first, the key to that relation- took hold, followed by the budget cuts of the in four seeking hunger relief is a child ship was the industry’s propensity for Reagan era, growing numbers of people found themselves without adequate food. Dozens, under the age of 17. Elderly people waste—and the charities’ eagerness to make it go away, gracefully. But in the stream- and then hundreds, of soup kitchens and food make up more than a third of all emer- lining spirit of business in the late 1990’s, the pantries sprouted where none had been seen gency food recipients. We cannot con- food makers are simply making fewer errors. since the Depression. tinue to allow so many of our youngest And so there is less surplus food to pass Even so, Ms. DiChiara recalled, there was and oldest citizens face the prospect of along. always a feeling that the crisis would pass: hunger on a daily basis. These days, a mantra of grocery manufac- Congress would restore money for social pro- Perhaps the most troubling statistic turers is ‘‘zero defects.’’ Chicken not good grams; the economy would revive. about hunger in Vermont is that in 45 enough for cutlets is pressed into nuggets; But while the economy rebounded and Con- gress provided relief for the poor, the de- percent of the households that receive scraps not good enough for nuggets are pul- verized into pet food. Sales figures from mand for food handouts grew, along with the charitable food assistance, one or more checkout scanners are fed daily to manufac- charity network. And by the late 1980’s, peo- adults are working. Nationwide, work- turers, allowing factories to fine-tune their ple in the food-banking business had begun ing poor households represent more output to match demand. to realize that they were becoming a fixture than one-third of all emergency food And in the last few years, heaps of dented on the American landscape—more a sec- recipients. These are people in or out-of-date cans and cartons have become ondary safety net than an emergency source Vermont and across the U.S. who are the basis for an estimated $2 billion-a-year of food. working, paying taxes and contributing market in ‘‘unsalable’’ food. Instead of being Today, Ms. DiChiara runs one of the big- gest food-banking operations in the country, to the economic growth of our nation, donated, damaged goods are exported to de- veloping countries or resold at sharp dis- the Community Food Bank of New Jersey, but are reaping few of the rewards. counts in suburban flea markets, unlicensed with a fleet of trucks that each month dis- Of the many problems that we face as stores in rural areas or warehouse-style out- tributes a million pounds of food out of a a nation, hunger is one that is entirely lets. 280,000-square-foot warehouse. New York solvable. It is my hope that my col- Certainly, the grocery makers still turn City, which had only three dozen pantries leagues will read these articles, and out a lot of surplus food. But over the last and soup kitchens in 1980, had 600 in 1992 and that this body can then begin to take three years, after rising steadily for more now has about 1,100. Across the nation, the serious action during the 106th Con- than 15 years, the donations that are the food network is more than 40,000 soup kitch- gress, especially as we embark upon core of Second Harvest’s business have fallen ens and food pantries strong, with more than 10 percent. And while a glut of pork and the 3,000 paid employees and 900,000 volunteers. the fiscal year 2000 budget process, to Asian economic crisis allowed the Federal Almost from the beginning, the food net- end domestic hunger. Government to kick in an unexpected burst work formed a tight alliance with grocery I ask that the two articles from the of unsold meat and produce last year, de- manufacturers. The charities offered a per- New York Times, dated February 26, mand is increasingly outstripping supply. fect outlet, allowing manufacturers and and February 27, 1999 be printed in the Although the drop is not enormous, it has stores to dispose of damaged or unsold goods, RECORD. already begun to reverberate across the far- cut dumping costs, gain tax breaks and get The articles follow: flung charity network. From Second Harvest some good publicity along the way. to the regional food banks and then down to Soon, the relationship was institutional- [From the New York Times, Feb. 27, 1999] the local outlets, the charities have been ized in formal agreements, and food company AS DEMAND FOR FOOD DONATIONS GROWS, forced to devise all manner of new strategies executives joined the boards of Second Har- SUPPLIES STEADILY DWINDLE to keep the food coming. They are cutting vest and its regional food banks. (By Andrew C. Revkin) new deals with the grocery makers. They are But all along, there was a queasy feeling Ron Taritas was sitting in his office on the reaching out to farmers and fishermen. that this cozy, co-dependent relationship lake front in Chicago, phone in hand, dialing Mainly, they are spending more of their time could not last. Sooner or later, the food

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2971 bankers knew, they would begin to pay for Over the last decade, a host of ‘‘reclama- stocks. The program, created with North- their reliance on the industry’s prodigal tion centers’’ have evolved as a way for su- west Food Strategies, a nonprofit group in past. permarket chains to tally damage and Seattle, now sends frozen salmon, halibut Soon after Thomas Debrowski became head charge manufacturers for losses. At the cen- and other fish around the country. of operations for the Pillsbury Company in ters, leaky packages are thrown out, and any As always, canned-food drives by scouting 1991, the community relations people walked usable products are repacked in the rectan- groups and religious congregations are being into his office in Minneapolis and presented gular cartons in which bananas are shipped. employed, but they provide a fraction of the him with records of the regular annual dona- Some are donated to Second Harvest, par- total flow, and the assortment of goods often tion of several million pounds of flawed or ticularly if the manufacturer requested that does not contain the foods that are most unsold food to Second Harvest. option. But, more and more, the cans and needed—stew or cereal and the like. ‘‘They wanted to know if we wanted to in- cartons are sold, at pennies on the dollar, to At the Neighbor to Neighbor food pantry in crease it,’’ Debrowski recalls. ‘‘I said, ‘In- wholesalers who sell them yet again. Greenwich, Conn., there is a ‘‘gourmet sec- crease? My objective is to give them nothing One recent posting on a Web site for tion,’’ which recently contained goose liver next year.’ ’’ salvaged goods, by a Massachusetts company pate, lemon curd and bamboo shoots. To an executive charged with burnishing called I–ADA Merchandise Marketing, made Over all, experience has produced a dis- the bottom line, in a business climate where this offer: ‘‘Eight trailer loads of food from couraging sense at Second Harvest and other everyone was on the prowl for greater effi- one of the leading department store chains food banks that whenever they identify a ciencies, the idea that millions of pounds of in the U.S.A. All food is in date and has been new source of food, it seems to dry up. food was either failing inspection or going gone through to discard any unmarketable ‘‘You peck away,’’ said James Barone, who stale in warehouses was not acceptable. And merchandise. This is super clean merchan- is in charge of procuring supplies for Food before long, like most of the big food compa- dise. Packed in banana boxes. All boxes are for Survival, the main New York city food nies, Pillsbury instituted economies up and full. You will not find a better banana box bank. ‘‘And it’s a constant battle.’’ down the production line. deal!!!!!’’ For several years, trucks and crews from On the line for Green Giant Niblets brand In this trade, Second Harvest sees competi- Food for Survival have toured the Hunt’s corn, where workers once picked out discol- tion for a scarce resource. Companies like Point produce market in the Bronx each ored kernels by hand, electronic eyes now de- Lipton, Campbell Soup and Quaker Oats find morning after the supermarkets or other re- tect the rejects, and a puff of air blasts the themselves in a tug of war with their retail- tailers have bought their supply for the day, offending kernel from the conveyer belt. ers over control of this damaged merchan- seeking donations of overripe tomatoes or Shipping containers that tended to be dise. With brand names they have nurtured wilted lettuce or whatever else is left. crushed have been redesigned. for decades, the manufacturers fear liability But the city’s greengrocers appear to have At a Minute Maid Hi-C fruit punch plant in and loss of consumer loyalty if a flea market noticed, and they often now wait until the Wharton, N.J., the process has been stream- shopper becomes ill after eating one of their end of the morning sales period, then offer lined so that the raw ingredients arrive just products on this largely unregulated market. cash, at a lower-than-usual price, for goods 6 to 10 hours before a batch of juice is pack- For their part, the retailers say the goods that might once have found their way into aged, maintaining freshness and reducing the are their property to dispose of as they wish. the charity system. chance of a bad run. Where previously juice So far, this emerging market has not sig- was not tested for quality until it had been LIMITS ON CHARITY: BARE CUPBOARDS AND nificantly slowed the flow of donated dam- SAYING NO canned, continual checks are now made for aged goods to charities, but staff members at At the food pantry in the basement of St. factors like sweetness, flavor, color and vita- several large food charities project that it Raymond’s Roman Catholic Church in the min content right on the assembly line. will. Indeed, clearly threatened by this Improvements in marketing have par- Parkchester section of the Bronx, the impact booming trade, Second Harvest this year alleled those in manufacturing. of the irregular flow of goods is apparent as said it would enter the salvage business In the wasteful old days, new products soon as you walk in the door. itself, offering to provide a secure final rest- were tested according to the Darwinian laws There is the large sign on a bulletin board: ing spot of damaged goods, distributing usa- of the marketplace: A company would blan- ‘‘Alert. This food pantry is experiencing ble items only through its charity network ket the nation with the various new snack shortages. We reserve the right to limit and destroying anything that cannot be foods, for example, knowing that some were quantities, limit the number of visits, extend used. sure to fail. Only the fittest survived. The the time between visits at any time and rest ended up in somebody’s food bank. REINVENTING THE DEAL: FACTORY RUNS FOR without prior notice.’’ Now, instead of ‘‘pushing’’ products out THE HUNGRY And there are the plastic bags of canned into the market, as industry argot would Second Harvest and smaller food charities goods, rice and cereal handed out to a steady have it, the focus is on having them ‘‘pulled’’ are trying a host of other strategies as they stream of old people, young women and a few into stores. scurry to keep goods on charity shelves. young men. These days, the volunteers mak- That means doing research to gauge con- ‘‘Everyone knew the charities were going ing up the grocery bags have less to choose sumer interests, testing products in care- to be expected to do more now,’’ Ms. from, because of a backlog of orders at Food fully dissected markets before distributing DiChiara said. ‘‘What I’m finding is that for Survival. them widely and tailoring production to we’re expected to do more with less.’’ Even basics like bread and juice are lack- sales. The result is far fewer stacks of failed Until two years ago, Golden Grain, a pasta ing lately, said Priscilla DiNapoli, the pro- experiments and formerly fashionable foods, maker, donated thousands of pounds of noo- gram’s paid coordinator. When the Kellogg’s like the oat bran cookies and muffins that dles each month to the Greater Chicago Food Corn Flakes run out, as they inevitably do, became a staple at the nation’s food banks Depository, the second largest food bank in the workers hand out Department of Agri- after the fad faded in the early 90’s. the Second Harvest network. But donations culture crisp rice cereal printed with a mes- Over all, what this means is that after ris- fell after the company figured out how to sage encouraging users to extend their other ing steadily until 1995, when they reached 285 grind up substandard pasta and feed it back meals with cereal. million pounds, annual donations from the through its machines, said the food bank’s The flow of food was not coming close to big national food companies dropped to 259 executive director, Michael P. Mulqueen. keeping pace with rising demand, as many as million pounds in 1998. Ultimately, the food bank and the pasta 1,500 clients a month, Ms. DiNapoli said. So To a certain extent, the food charities had maker came up with a way to compensate last spring, instead of letting people return become their own worst enemy by making for lost donations by running the factory at every two weeks, the agency began limiting waste so identifiable, said Janet E. times of low market demand to create noo- them to one visit a month, she said. ‘‘We just Poppendieck, a Hunter College sociologist dles just for the food bank, Mulqueen said. don’t have the food.’’ and author of a new book, ‘‘Sweet Charity: Pillsbury’s Thomas Debrowski instituted a Emergency Food and the End of Entitle- similar practice several years ago, and [From the New York Times, Feb. 25, 1999] ment’’ (Viking Press, 1998). Minute Maid has begun making juice for PLUNGE IN USE OF FOOD STAMPS CAUSES ‘‘No firm is going to continue to put labels Second Harvest. Some other companies, like CONCERN on jars upside down so that there will be pea- Kraft, have shifted to cash donations. nut butter at the food bank,’’ she said. Charities are also approaching farmers to (By Andrew C. Revkin) ‘BANANA BOX DEALS’: NEW COMPETITION FOR scavenge leftover crops, conducting the Bib- The nation’s food stamp rolls have dropped FLAWED GOODS lical ‘‘second harvest’’ for which the national by one-third in four years, leading to a grow- At the supermarket, the can or carton of group is named. The Clinton Administration ing concern that the decline is caused partly soup or cereal that still fails to sell, or is last year announced plans for an ambitious by needy people’s hesitance to apply for ben- dented after falling off a truck or store shelf, campaign to glean some of the mountains of efits. remains the biggest single source of food for imperfect produce that now go to waste each A vibrant economy is clearly a major rea- the charity pipeline. year. son that the number of people using food Now, in a shift that has the companies and And last year, Second Harvest began dis- stamps fell to fewer than 19 million last No- the charities alarmed, more and more of tributing tons of Pacific Northwest fish that vember, from nearly 28 million people four these products are finding their way back is caught in nets but cannot be sold because years earlier. But some in Congress, at the out to paying customers. of Federal regulations controlling some fish Agriculture Department, which administer

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2972 CONGRESSIONAL RECORD — SENATE March 18, 1999 the food stamp program, and at private pov- Whatever the reasons, no one disputes how has provided the United States Navy erty groups say they feel that a significant drastically the program has shrunk, both in and our nation. number of people are not seeking help even the number of people enrolled and in the cost Mrs. Kirk’s retirement on 3 May 1999 though they still lack food and are eligible. of providing the aid. Since 1994, the cost of will bring to a close almost four dec- Some officials say they believe that strin- the food stamp program has fallen to $18.9 ades of dedicated service to the United gent rules intended to put welfare recipients billion from $24.5 billion, according to the to work and reduce the welfare rolls may Agriculture Department. States Navy. From 1960 to 1966, Mrs. have also discourage people from seeking But some conservative poverty analysts Kirk was assigned to the Navy’s Per- food stamps. say the drop in food stamp rolls does not in- sonal Affairs Division. From 1966–1968, Some states and cities seeking to cut wel- dicate a problem. Robert Rector, who studies she was assigned to the Navy’s Cas- fare rolls aggressively, for example, require welfare for the Heritage Foundation, a pri- ualty Branch. For the next 31 years of applicants to search a month or more for a vate group in Washington, said the drop was her service, Mrs. Kirk was a member of job before they can get benefits of any kind. simply a recovery from a period through the the Navy Awards Branch, starting as Often, official say, people in need of emer- early 1990’s when access to food stamps and the Assistant Branch Head in 1968 and gency food aid simply walk out the door. other assistance became too easy. ‘‘The goal was to get people off welfare ‘‘In the late 80’s and early 90’s you had this becoming the Branch Head in 1978. programs, but people may have failed to un- notion of one-stop shopping, getting people Throughout her tenure, she has become derstand that the food stamp program is not on as many benefits as you could,’’ Mr. Rec- a well-known and beloved figure among a welfare program,’’ said Shirley R. Watkins, tor said.‘‘A lot of the decline now is hyped.’’ the fleet, from seamen to admirals, the Under Secretary of Agriculture for food, He said that Congress would do well to among veteran organizations, such as nutrition and consumer service. ‘‘It’s nutri- make food stamps less readily available, by the Congressional Medal of Honor Soci- tional assistance.’’ instituting work requirements and other ety, and individuals, such as survivors In other cases, Ms. Watkins and other offi- rules similar to those already imposed on of the Pearl Harbor attack. She has as- cials say, it may simply be the rising stigma other forms of assistance. surrounding public aid of all sorts that is But Agriculture Department officials are sisted countless individuals in track- keeping people from applying for food aid, pushing the states to be sure their welfare ing, reinstating or garnering appro- the officials say. offices are in line with Federal rules, which priate awards and recognition for their The notion that too many people have require prompt processing of food stamp ap- service to their country, during war- abandoned food stamps has caused a flurry of plications. time and during peace. The letters of activity at the Agriculture Department. On Jan. 29, the administrator of the food gratitude and appreciation she has re- The department recently commissioned a stamp program, Samuel Chambers Jr., sent a ceived over the years for her tireless study to understand a simultaneous rise in letter to the commissioners of welfare and and dogged research on behalf of thou- the demand on private food charities like food stamp program in every state urging sands of sailors and their families and church-basement food pantries and soup them to review their policies to make sure kitchens. The goal is to determine if some of they do not violate Federal law. friends would fill many cabinet draw- these charity seekers are asking for hand- Federal officials had been particularly con- ers. Congressmen and women have ben- outs at private charities because they have cerned with the situation in New York City, efitted from her briefings on the spe- lost access to public food aid, agriculture of- where newly revamped welfare offices, now cific details of awards for their con- ficials said. called job centers, were delaying food stamp stituents and heeded her advice. Her Obtaining food stamps requires a simple applications and often directing applicants opinion on Navy awards is honored as showing of financial need, unlike other Fed- to private food pantries instead. golden—decisive and accurate—in the eral benefits with more stringent regulations After a Federal judge last month ruled halls of Congress as well as the Pen- and requirements. that the city food stamp process violated Medicaid has similar broad eligibility, and Federal law, the city promised to change its tagon. it too has recorded a similar unexplained practices. She is a recognized authority on the drop in its rolls. Some officials have said In recent days, the city made another, un- topic of Navy awards from the first that while this drop, too, can be attributed related policy change that city officials say Congressional Medal of Honor to the partly to the economy, some may also be the will trim several thousand people from food most recent new awards, such as the result of recipients believing, inaccurately, stamp rolls. Under the 1996 package of Fed- NATO medal, which honors the service that once they are removed from welfare eral welfare changes, single able-bodied of more than 45,000 personnel as peace- rolls, they are also ineligible for Medicaid. adults can be cut off from food stamps after keepers in Bosnia. As the Executive Ms. Watkins said there were indications three months if they do not work at least 20 Agent for the Department of Defense, from states like Wisconsin that some people hours a week or participate in a workfare leaving welfare for low-wage work are not program. she was responsible for inaugurating continuing to seek food stamps that could Counties can seek waivers to the work re- the Pearl Harbor Commemorative help them make it through the month. quirement if they have high unemployment Medal to recognize the 50th Anniver- Her misgivings are shared by some mem- rates, and for two years the counties in New sary of the attack on Pearl Harbor. bers of Congress from both sides of the aisle. York City had all sought the waivers, pre- Mrs. Kirk has been awarded the Su- It is becoming apparent that the welfare serving the food aid. perior Civilian Service and Distin- reforms of 1996 did not anticipate how tight- This year, though, the city has chosen not guished Civilian Service Awards. She is ly access to food stamps was linked to access to seek the waivers, so that city residents a native of Rectortown, Virginia, and to welfare, said Representative Nancy L. who are single and able to work must find currently resides in Middleburg, Vir- Johnson, Republican of Connecticut and work or lose their food stamps, said Deborah chairwoman of the House Ways and Means Sproles, a spokeswoman for the city Human ginia. Subcommittee on Human Resources. Resources Administration. Mrs. Kirk will retire from the De- ‘‘We do think there’s a problem here,’’ Mrs. Yesterday, private groups focused on pov- partment of the Navy on May 3, 1999, Johnson said. ‘‘We need to see why state sys- erty issues criticized the city’s decision, say- after thirty-eight years of dedicated tems don’t seem to capture the food-stamp ing it could put as many as 25,000 people at service. On behalf of my colleagues, I eligible population very well. risk of hunger. But, Ms. Sproles said, ‘‘this is wish Mrs. Kirk fair winds and following ‘‘When you make a big change in one sys- part of the city’s overall effort to start help- seas. Congratulations on an out- tem it’s going to have ramifications for ing people gain self reliance.’’∑ standing career.∑ other systems,’’ Mrs. Johnson said. ‘‘Some f are positive. If people aren’t getting food f stamps because they’re making more money, TRIBUTE TO MRS. SHELBY JEAN NATIONAL MISSILE DEFENSE that’s a good thing.’’ (‘‘JEANIE’’) KIRK She said her committee was planning to ∑ Mr. KERRY. Mr. President, this bill hold hearings on the matter this year. ∑ Mr. WARNER. Mr. President, I wish calls upon the United States to take a So far analysts have been able to gauge to take this opportunity to recognize momentous step—the deployment of a only roughly how many eligible people have and say farewell to an outstanding National Missile Defense system—on left the food stamp program even though civil servant, Mrs. Jeanie Kirk, upon the basis of one, and only one criterion: they need the aid. Last year, for example, her retirement from the Department of technological feasibility. This bill the Congressional Budget Office calculated the Navy after more than 38 years of gives no consideration to the ramifica- that 2.9 million such people left the food dedicated service. Throughout her ca- stamp rolls from 1994 to 1997. The budget of- tions of deploying such a system on fice report, a projection of economic condi- reer, Mrs. Kirk has served with distinc- U.S. security, political and diplomatic tions through 2008, proposed that the rising tion, and it is my privilege to recognize interests. stigma and barriers surrounding welfare of- her many accomplishments and to It is true that missile technology is fices could be driving eligible people away. commend her for the superb service she proliferating more rapidly than we

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2973 could have predicted. And this is of a warhead containing chemical or bio- technology, and continue to do so. In grave concern to us all. Certainly, the logical agents divided into many small particular, I have supported the devel- proliferation of ballistic missile tech- ‘‘bomblets’’ for better dispersion. This opment and deployment of effective nology constitutes a serious threat to would simply overwhelm the NMD sys- theater missile defense systems, to pro- U.S. national security. The question tem. The NMD system would be inef- tect our forces and our regional allies. before us is, Will deciding today to de- fective against cruise missiles or mis- But we have encountered tremendous ploy a National Missile Defense sys- siles launched from air or sea plat- technological challenges in trying to tem—as yet untested, unproven and forms. build defenses against these theater un-paid for—advance our national secu- An NMD system also has very lim- missile systems. We have spent billions rity interests? The answer, in my view, ited use as a deterrent to the threats of dollars and experienced many fail- is that it will not. we currently face. In the case of a bal- ures in our efforts to ‘‘hit a bullet with First, I believe this bill will under- listic missile attack, the perpetrator is a bullet.’’ The THAAD system has ex- mine long-term U.S. national security readily identified, and U.S. retaliation perienced five successive failures. Yet, interests, by placing too much empha- could be swift and devastating. That THAAD is much simpler to develop sis on just one of the many threats we alone is a serious deterrent, a much than NMD. face today. greater deterrent than a deployed NMD On cost, the Administration’s FY 2000 While the United States is enjoying a system. Deploying an NMD system budget request calls for an additional would simply encourage potential ad- period of relative safety and security in $6.6 billion in new funding for National versaries to develop appropriate coun- world affairs, we must prepare to face a Missile Defense. This would bring total termeasures or to pursue other, more multitude of diverse challenges in the FY 1999 - 2005 funding for NMD to $10.5 effective means of attack. It is exactly international security environment in billion. But the Defense Department this logic—that an NMD system would coming years. These include: does not anticipate that we will be able be more destabilizing than deterrent— transnational threats, such as ter- to test key components of the proposed that underpins our commitment to the rorism and drug trafficking; the pro- system until 2003. If we encounter prob- liferation of weapons of mass destruc- ABM Treaty. Which brings me to my second point. lems with this system that are the tion; and the chaos of failed states, as least bit similar to those we have seen we have seen in Somalia and the I oppose this bill because it will under- mine decades of U.S. leadership in in testing THAAD, we can expect former Yugoslavia—just to name a few. delays well beyond the projected de- The threat from ballistic missiles is international efforts to reduce the nu- clear danger. ployment date of 2005—and costs far one of many. above the $10.5 billion we are currently Ballistic missiles are a threat, be- A unilateral decision by the United States to proceed with a National Mis- contemplating. And, while I have every cause they are capable of delivering confidence that American techno- weapons of mass destruction to Amer- sile Defense would sound the death knell for the ABM Treaty, a develop- logical know-how will eventually ican soil. The United States has faced produce a feasible system, I wonder: At this threat for decades, posed by the ment that is apparently quite welcome to many of my colleagues across the what cost, and with how much real nuclear arsenals of the Soviet Union benefit to our national security, will and China. Russia and China maintain aisle. This is puzzling to me, because a U.S. signal that we intend to cir- this technological marvel be achieved? their ability to strike American soil. cumvent, violate or withdraw from the In addition to the financial costs of But even though both nations are ABM Treaty would almost certainly deploying a feasible NMD system, we today struggling through a period of kill prospects for Russian ratification must also acknowledge the opportunity great uncertainty, the threat to the of START II. This would delay any fur- costs that pursuing this project will United States of a ballistic missile at- ther reductions in the large remaining entail. America’s leadership in world tack from either nation is low. The threat of a missile attack from a Russian nuclear force, a goal we have affairs relies on ready military forces. worked for decades to achieve. rogue state, such as North Korea or And the fact is, if we dedicate tens of I would remind my colleagues that, Iran, is obviously growing. Last fall, billions of dollars to developing a Na- in 1991, the United States—under the tional Missile Defense system, we will North Korea tested its new Taepo-Dong leadership of President George Bush— One missile, with a range of up to 3000 not be able to devote the resources and reached agreement with Russia that it energy we should to ensuring the long- km. We also know the North Koreans would legally succeed to all inter- are developing a Taepo-Dong Two mis- term readiness of America’s fighting national treaties of the former Soviet forces. At a time when the Secretary of sile, which could have a range two to Union. These include the UN Charter, three times greater. Pakistan has test- Defense and the Chairman of the Joint the Nuclear Non-Proliferation Treaty, Chiefs of Staff have publicly and re- ed a 1500 km range missile. Iran is ex- SALT/START, and others, as well as pected to have one of similar range in peatedly expressed their concerns over the ABM Treaty. If we refuse to recog- our ability to attract and keep bright the near future. nize the validity of the ABM Treaty, But ballistic missiles are only one young men and women in the U.S. we not only undermine the credibility armed forces, I am not convinced that means of delivering weapons of mass of our past commitments to inter- destruction. Nuclear weapons can be we should move NMD to the top of our national arms control agreements— list of defense priorities. delivered in trucks, ships, and suit- such as the Nuclear Non Proliferation cases; chemical and biological weapons With so much at stake, it would be Treaty—we also weaken U.S. leader- irresponsible for us today to commit to can be delivered through the mail, dis- ship in future international efforts to the deployment of a National Missile persed in a crowded subway, or inserted stem the proliferation of weapons of Defense system, without further con- into our water supply. These methods mass destruction. of delivery are far simpler, less costly, If we proceed with this legislation sideration of the implications and po- and far less detectable than ballistic and deal a blow to international arms tential consequences of that commit- missiles, and they pose a much more control efforts, we will have succeeded ment. We must not devote these re- immediate threat to U.S. security. A in fostering precisely the threats we in- sources to defending against the wrong National Missile Defense won’t protect tend to reduce. And furthermore, we threat with the wrong system. We must us from these threats. can encourage this threat without ever not create a world where weapons of The proposed NMD system would deploying an NMD system, simply by mass destruction proliferate because only allow us to defend ourselves establishing our intention to deploy an arms control agreements are no longer against an unsophisticated long-range NMD system. credible. And we must not become so missile threat with a single warhead. Finally, I have deep concerns about focused on this one defense issue that We would not be able to defend against the technical feasibility, operational we leave our nation defenseless against a missile that carried decoys along effectiveness and costs of the proposed other, more imminent threats. with the warhead. Multiple objects NMD system. Mr. President, this legislation poses would readily defeat the proposed sys- I have consistently supported devel- tremendous risks to our long-term na- tem. We would have no defense against opment of effective missile defense tional security interests.∑

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2974 CONGRESSIONAL RECORD — SENATE March 18, 1999 RECOGNIZING MR. LUTHER’S 3RD control about 90 percent of the coun- ment in Afghanistan which does not GRADE CLASS AT BEACHWOOD try, including the capital, Kabul. This take actions to achieve the following ELEMENTARY group imposes an extreme interpreta- goals: effective participation of women ∑ Mr. GORTON. Mr. President, I would tion of Islam practiced no where else in in all civil, economic, and social life; like to recognize a truly outstanding the world on all individuals. It is espe- the right of women to work; the right feat by a 3rd grade class in Fort Lewis, cially repressive on women. of women and girls to an education Before the Taliban assumed control Washington. Mr. Chris Luther’s 3rd without discrimination and the reopen- of much of Afghanistan, women were grade class at Beachwood Elementary ing of schools to women and girls at all highly involved in public life. They School has not missed a spelling word levels of education; the freedom of held positions in the government and on their weekly spelling tests for 25 movement of women and girls; equal worked as doctors, lawyers, nurses, and weeks. Nearly a month ago, as my col- access of women and girls to health teachers. The picture could not be leagues may remember, I announced an care; equal access of women and girls more different today. Today, under to humanitarian aid. ‘‘Innovation in Education Award’’ pro- Taliban rule women in Afghanistan are gram to recognize the important role Mr. President, I am shocked that denied even the most basic human women and girls in Afghanistan are individuals and communities play in rights: they cannot work outside the the education of America’s students. suffering under these conditions as we home, attend school, or even wear approach the 21st Century. The United This class and their teacher, Mr. Lu- shoes that make noise when they walk. ther, are perfect examples of this prin- States has an obligation to take the They must wear a head-to-toe covering lead in condemning these abuses. ciple in action. called a burqa, which allows only a This is a classroom of average kids, I want to thank Senator BROWNBACK tiny opening to see and breathe for joining me in introducing this leg- all with different backgrounds and through. Parents cannot teach their abilities. Yet, Mr. Luther has found a islation. He has been a strong voice for daughters to read, or take their little human rights and I know that he way to encourage and tutor these stu- girls to be treated by male doctors. Mr. dents so they are all accomplishing shares my passion for seeing an end to President, women have been stoned to these abuses in Afghanistan.∑ equally praiseworthy work. The key death, beaten, and otherwise abused for f has not been some magical formula ‘‘breaking’’ these harsh laws. rather, the success of these students The Physicians for Human Rights re- RESOLUTION TO COMMEND comes from a concerted effort by Mr. cently conducted a study of 160 women SENATOR J. ROBERT KERREY Luther to boost their self-esteem, to in Afghanistan and their findings are ∑ Mr. CHAFEE. Mr. President, I am enhance their memory skills, and to horrific. One of those women, a 20 year- pleased to join Senators DASCHLE and impress upon every child in the class- old woman interviewed in Kabul had EDWARDS and the other cosponsors of room that learning is important. Those the following story: this resolution commending our friend strategies combined with the indi- Eight months ago, my two-and-a-half year and colleague BOB KERREY on the 30th vidual effort of each of his students has old daughter died from diarrhea. She was re- anniversary of the events giving rise to clearly paid off. fused treatment by the first hospital that we his receiving the Medal of Honor. Mr. Luther’s creativity to engage his took her to. The second hospital mistreated her [they refused to provide intravenous During my tenure as Secretary of the students in learning extends far beyond Navy, I had the honor and privilege of spelling. Each year, he produces a fluids and antibiotics because of their Hazara ethnicity, according to the respondent]. Her working with a great many brave men ‘‘Math Relay’’ that involves some 2000 body was handed to me and her father in the and women—citizens of all stripes who students from 88 local schools. This re- middle of the night. With her body in my were willing to make the ultimate sac- markable gathering combines physical arms, we left the hospital. It was curfew rifice to serve their country. One espe- activity and competition with math time and we had a long way to get home. We cially courageous naval officer was questions and answers. Not only does had to spend the night inside a destroyed house among the rubble. In the morning we Lieutenant (j.g.) JOSEPH ROBERT the size of the event speak highly of its KERREY. success but, the fact that Mr. Luther took my dead baby home but we had no money for her funeral. Thirty years ago last Sunday in Viet- handles the mind-boggling logistics of The study found that 77 percent of nam, BOB KERREY lead a SEAL team an event this size himself is further mission aimed at capturing certain cause for recognizing this fine educa- women had poor access to health care in Kabul, while another 20 percent re- Viet Cong leaders. While leading this tor. dangerous mission, he was badly I applaud Mr. Luther’s initiative, cre- ported no access at all. Of those sur- veyed, 71 percent reported a decline in wounded as a grenade exploded at his ativity and ability to encourage his their physical condition over the last feet. Despite suffering massive injuries students to succeed. It is the work of two years. In addition, there was also a from this explosion and being in a state educators like Mr. Luther and the ef- significant decline in the mental of near-unconsciousness, Lieutenant forts of students like those in Mr. health of the women surveyed. Of the KERREY did not give up. He continued Luther’s 3rd grade class who are mak- participants, 81 percent reported a de- to lead his men, ordering them to se- ing education work across America. cline in their mental condition; 97 per- cure and defend an extraction site. That is why it is my pleasure to recog- cent met the diagnostic criteria for de- For his heroism in combat, Lieuten- nize Mr. Luther and his third grade pression; 86 percent showed symptoms ant KERREY was awarded the Congres- class for their accomplishments and it of anxiety; 42 percent met the diag- sional Medal of Honor. And just what is is why I hope my colleagues will join this award? It is the highest award for ∑ nostic criteria for post-traumatic me in supporting local educators. stress disorder; and 21 percent reported valor in action that can be bestowed f having suicidal thoughts ‘‘extremely upon a member of the armed forces. often’’ or ‘‘quite often.’’ In addition, 53 The Medal of Honor was created in THE TALIBAN’S ABUSE OF WOMEN percent of women described occasions the days of the Civil War through legis- AND GIRLS IN AFGHANISTAN in which they were seriously ill and un- lation sponsored by Senator James ∑ Mrs. BOXER. Mr. President, yester- able to seek medical care. 28 percent of Grimes, chairman of the Senate Naval day, Senator BROWNBACK and I intro- the Afghan women reported inadequate Committee, with the support of Navy duced a resolution, S. Res. 68, con- control over their own reproduction. Secretary Gideon Wells and President demning the treatment of Afghan S. Res. 68 calls on the President of Abraham Lincoln. At that time, al- women and girls by the Taliban. I hope the United States to prevent a Taliban- though serving in the military was re- my colleagues will join us in con- led government of Afghanistan from quired of all men, it had become clear demning the systematic human rights taking a seat in the United Nations that some servicemembers went ‘‘above violations that are being committed General Assembly, so long as these and beyond the call of duty.’’ against women and girls in that war- gross violations of human rights per- So, the first two hundred medals torn nation. sist. were presented to those who distin- The Taliban militia seized control of Our resolution also urges the Admin- guished themselves in the Civil War by most of Afghanistan in 1996 and now istration not to recognize any govern- their gallantry in action and other

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2975 qualities. Less than thirty-five hundred which have demonstrated a complete this legislation, in my opinion, is an medals have been authorized to date, disregard for the well-being of their important step in providing a solid de- and just 158 are living today. own citizens as they relentlessly pur- fense for the United States against lim- One of those 158 living recipients is a sue the acquisition of this ballistic ited ballistic missile attacks. colleague of ours here in the Senate—a missile technology, can be understated. Moreover, S.257 is a responsible way colleague I will surely miss upon my Mr. President, this new and emerging to address the threat that the United retirement. I think all Senators, and ballistic missile threat from rogue States faces. In contrast to previous indeed all Americans, ought to take states was dramatically highlighted by legislative efforts, most of which micro this moment to recognize BOB the August 1998 Taepo Dong I missile managed this policy by setting a fixed KERREY’s heroic action on that day in launch in North Korea. This North Ko- date for deployment and by dictating 1969, when he displayed immense brav- rean missile launch demonstrated im- the exact type of missile defense sys- ery in the face of overwhelming adver- portant aspects of intercontinental tem to be deployed, this legislation sity. missile development. Most impor- more properly lays out broad U.S. pol- Today—thirty years later—BOB tantly, the missile included multiple icy. The bill simply—but clearly—calls KERREY continues to exhibit the kind stage separation and the use of a third for deployment of an effective system of dedication and honor that earned stage. This use of a third stage, in par- once the technology is possible. No him the Medal of Honor. Just one ex- ticular, was surprising to our intel- date for deployment is set. No require- ample of Senator KERREY’s distinction ligence community. Using a third stage ment for a specific type of ballistic as a Senator is the countless hours he gives this missile a potential range in missile defense is outlined. By not dic- had devoted to curbing the politically excess of 5,500 kilometers, thus effec- tating such requirements, this legisla- popular entitlement programs that tively making the Taepo Dong I an tion responsibly allows for flexibility have contributed so greatly to our intercontinental ballistic missile. for our military experts to develop and staggering national debt. Taking on Unfortunately, America’s intel- deploy the best possible missile defense this issue isn’t the easiest thing for an ligence community did not expect the system. This language helps ensure elected official to do—it is a task North Korean’s to have the capability that the United State will not rush fraught with political danger. But BOB to make such a three stage missile. In into deployment with a substandard KERREY knows that it’s the right thing fact, the most recent U.S. intelligence system—at a cost of billions of tax- to do for our nation, and that is why he reports made prior to this Taepo Dong payer dollars—just to be able to say continues to persevere. I launch claimed that no rogue state we’ve deployed a limited missile de- My colleagues here today will pro- would have this capability for at least fense. vide numerous other examples of BOB ten years. Instead, this legislation will help en- KERRY’s accomplishments as a U.S. Even before the North Koreans sure that the United States has de- Senator. Given his heroism during my launched their Taepo Dong I missile ployed a system that has been thor- tenure as Navy Secretary, these ac- last August, there were other dis- oughly tested and proven operationally complishments come as no surprise. I turbing reports that predicted the emi- effective. I fully support this flexible am proud to be a cosponsor of this res- nent ballistic missile threat to the approach. olution, and thank Senators DASCHLE United States. In July, the Commission Mr. President, let me briefly address and EDWARDS for their leadership in to Assess the Ballistic Missile Threat the issue of cost. A lot has been said bringing it to the Senate floor.∑ to the United States, known as the about how the original draft of this f Rumsfeld Commission, released its re- legislation could have bypassed future port. The Rumsfeld Commission was a deliberations about how much the Pen- NATIONAL MISSILE DEFENSE ACT bipartisan commission headed by tagon should spend on missile defense. ∑ Mr. BAYH. Mr. President, I rise former Defense Secretary Rumsfeld In effect, many critics of this legisla- today to discuss yesterday’s over- and other well respected members in tion believed this bill would simply be whelming Senate vote in favor of the the defense community. The Rumsfeld providing a blank check for all future National Missile Defense Act of 1999. I Commission warned of the growing bal- missile defense development and de- was pleased to join with many of my listic missile threat that rogue states ployment efforts. I don’t believe that is colleagues in support of this legislation posed to the United States. The Rums- the case. This legislation does not pre- that will help to ensure that the feld Commission unanimously found clude such important funding delibera- United States does everything it can to that, ‘‘concerted efforts by a number of tions. However, I was very glad to sup- defend itself from the threat of limited overtly or potentially hostile nations port the amendment that Senator ballistic missile launches, both acci- to acquire ballistic missiles with bio- COCHRAN offered yesterday to make it dental and intentional. This legisla- logical or nuclear payloads pose a absolutely explicit that Congress will tion, which makes it the policy of the growing threat to the United States, fully debate the cost implications of a United States to deploy an effective its deployed forces and its friends and missile defense system in all annual national missile defense when techno- allies.’’ defense authorizations and appropria- logically possible, takes an important The Commission reported further tions proceedings in the future. I plan first step toward providing a signifi- that, ‘‘The threat to the U.S. posed by to fully weigh the costs and benefits of cant defense for all citizens of the these emerging capabilities is broader, missile defense in comparison to all United States against limited ballistic more mature and evolving more rap- other defense programs and to assess missile attacks. idly than has been reported in esti- all potential threats to the United As most of my colleagues know, mates and reports by the Intelligence States at the time of those delibera- today, the United States faces a seri- Community.’’ tions. ous, credible, and growing threat from The launch of the Taepo Dong I mis- Finally, I am also pleased that the limited ballistic missiles that could po- sile and the findings of the Rumsfeld bill now calls for the United States to tentially carry nuclear, biological or Commission are very troubling. It is continue working with the Russians to chemical payloads. This new threat is clear that ballistic missile technology reduce nuclear weapons. I strongly sup- not from Russia, our partner in many is progressing rapidly and proliferating ported the amendment offered by Sen- important arms control agreements. just as rapidly and, consequently, the ator LANDRIEU which added this policy Instead, this threat comes from the in- threat to the United States is real. It is statement to S. 257. The United States creasing proliferation of ballistic mis- no longer a perceived threat or a poten- and Russia have made great progress in sile technology. In particular, certain tial threat. It is not a threat that may reducing nuclear weapons over the past rogue states pose the greatest threat as come ten years down the road. This decade and both countries need to con- they continue to push for—and make threat is tangible and it is here now. I tinue to do so. I think this statement great progress in acquiring—delivery believe that we have a moral responsi- of policy calling for continued efforts systems that directly threaten the bility to all Americans to do every- to reduce nuclear weapons is extremely United States. I do not believe that the thing possible to defend the United important. We need to make it clear to threat from these rogue states, most of States from this threat. Supporting ourselves, to all American citizens, to

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2976 CONGRESSIONAL RECORD — SENATE March 18, 1999 our allies, and to the world that not your maritime ports of entry. The Whereas the heroism displayed in the his- only does the United States plan to de- Drug Free Borders Act of 1999 rep- toric World War II Battle of Crete epito- fend itself from the threat of limited resents an important and substantive mized Greece’s sacrifice for freedom and de- ballistic missile attacks, but that the step in that direction. Authorizing over mocracy as it presented the Axis land war with its first major setback and set off a best protection we can offer our nation $1 billion to beef-up Customs Depart- chain of events which significantly affected is a world in which the fewest possible ment operations along our borders with the outcome of World War II; weapons of mass destruction exist. Mexico and Canada, as well as at the Whereas these and other ideals have forged Again, I thank Senator COCHRAN and maritime ports of entry, this legisla- a close bond between our 2 nations and their all the cosponsors for introducing this tion is a sound, responsible approach to peoples; important piece of legislation and for enhancing this country’s capabilities Whereas March 25, 1999, marks the 178th allowing the modifications to be made to interdict the flow of drugs before anniversary of the beginning of the revolu- that garnered broad bipartisan support. they reach our children. tion which freed the Greek people from the Ottoman Empire; and I believe it is entirely appropriate for Mr. President, I urge the support of Whereas it is proper and desirable to cele- Congress to make it the policy of the all of my colleagues for the Drug Free brate with the Greek people and to reaffirm United States to deploy an effective Borders Act of 1999. This bill passed the democratic principles from which our 2 missile defense when technologically both Chambers of Congress last year, great nations were born: Now, therefore, be possible. The National Missile Defense but fell victim to the vagaries of time, it Act will help allow this Government to as the 105th Congress adjourned while Resolved, That the Senate— keep its most important covenant with the bill was still in conference. Its pas- (1) designates March 25, 1999, as ‘‘Greek the American people—to protect their sage by both the Senate and the House Independence Day: A National Day of Cele- bration of Greek and American Democracy’’; life and liberty. of Representatives, however, clearly il- and f lustrates its broad bipartisan support, (2) requests the President to issue a procla- and I look forward to its passage into DRUG FREE BORDERS ACT OF 1999 mation calling upon the people of the United law during the current session of Con- States to observe the day with appropriate ∑ Mr. MCCAIN. Mr. President, I rise in gress.∑ ceremonies and activities. support of the Drug Free Borders Act f f of 1999, of which I am an original co- sponsor. This legislation, identical to DESIGNATING MARCH 25, 1999, AS DESIGNATING MARCH 21 THROUGH S. 1787 from the 105th Congress, author- ‘‘GREEK INDEPENDENCE DAY’’ MARCH 27, 1999, AS ‘‘NATIONAL izes funding for advanced sensing Mr. STEVENS. Mr. President, I ask INHALANTS AND POISONS equipment for detecting illegal drugs unanimous consent that S. Res. 50 be AWARENESS WEEK’’ before they can cross our border and discharged from the Judiciary Com- Mr. STEVENS. Mr. President, I ask emerge on the streets of America’s cit- mittee, and further, that the Senate unanimous consent that S. Res. 47 be ies. I would like to commend my good now proceed to its immediate consider- discharged from the Judiciary Com- friend, Senator PHIL GRAMM, for once ation. mittee, and further, that the Senate again taking the lead in introducing The PRESIDING OFFICER. Without now proceed to its immediate consider- the Drug Free Borders Act during the objection, it is so ordered. ation. 106th Congress. The clerk will report. The PRESIDING OFFICER. Without Those of us who represent States bor- The legislative clerk read as follows: objection, it is so ordered. dering Mexico are particularly sen- A resolution (S. Res. 50) designating March The clerk will report. sitive to the dangers implicit in failing 25, 1999, as ‘‘Greek Independence Day: A Na- The legislative clerk read as follows: tional Day of Celebration of Greek and to properly monitor traffic crossing A resolution (S. Res. 47) designating the American Democracy.’’ that border. Yet, we also recognize week of March 21 through 27, 1999, as ‘‘Na- that Mexico is one of our largest trad- The PRESIDING OFFICER. Is there tional Inhalants and Poisons Awareness ing partners, and a country with which objection to the immediate consider- Week.’’ it is in our best interest to maintain as ation of the resolution? The PRESIDING OFFICER. Is there open a border as possible. It is a careful There being no objection, the Senate objection to the immediate consider- balancing act, but one that merits our proceeded to consider the resolution. ation of the resolution? greatest efforts. Mr. STEVENS. Mr. President, I ask There being no objection, the Senate While the effects of the North Amer- unanimous consent that the resolution proceeded to consider the resolution. ican Free Trade Agreement are being be agreed to, the preamble be agreed Mr. STEVENS. Mr. President, I ask closely monitored by supporters and to, the motion to reconsider be laid unanimous consent that the resolution critics of that pact alike, it has become upon the table, and that any state- be agreed to, the preamble be agreed clear that NAFTA represents an impor- ments relating to the resolution appear to, the motion to reconsider be upon tant component of our international in the RECORD. the table, and that any statements re- economic policy, contributing to the The PRESIDING OFFICER. Without lating to S. Res. 47 appear in the creation of 300,000 new American jobs objection, it is so ordered. RECORD. since its passage. The agreement only The resolution (S. Res. 50) was agreed The PRESIDING OFFICER. Without went into effect in 1994, and it will to. objection, it is so ordered. likely be several more years before its The preamble was agreed to. The resolution (S. Res. 47) was agreed The resolution, with its preamble, full impact can be determined. The re- to. reads as follows: sults from the first five years, however, The preamble was agreed to. unambiguously demonstrate that the S. RES. 50 The resolution, with its preamble, is agreement has a net positive impact on Whereas the ancient Greeks developed the as follows: concept of democracy, in which the supreme the U.S. economy. S. RES. 47 But this bill is not about trade, it is power to govern was invested in the people; Whereas the Founding Fathers of the Whereas the National Inhalant Prevention about drugs, and about the measures United States of America drew heavily upon Coalition has declared the week of March 21 that must be taken to ensure that we the political experience and philosophy of through March 27, 1999, ‘‘National Inhalants are doing everything we can to stem ancient Greece in forming our representative and Poisons Awareness Week’’. the flow of illegal drugs into our cities democracy; Whereas inhalant abuse is nearing epi- without impeding the flow of legiti- Whereas the founders of the modern Greek demic proportions, with almost 20 percent of mate commerce. The key to finding state modeled their government after that of all youths admitting to experimenting with that balance is the procurement of the the United States in an effort to best imitate inhalants by the time they graduate from equipment needed to expeditiously their ancient democracy; high school, and only 4 percent of parents Whereas Greece is one of the only 3 nations suspecting their children of inhalant use; scan incoming cargo, not just on the in the world, beyond the former British Em- Whereas according to the National Insti- U.S.-Mexican border, but at our other pire, that has been allied with the United tute on Drug Abuse, inhalant use ranks third ports of entry as well—and I should States in every major international conflict behind the use of alcohol and tobacco for all point out the emphasis in this bill on this century; youths through the eighth grade;

VerDate Mar 15 2010 22:02 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1999SENATE\S18MR9.REC S18MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 18, 1999 CONGRESSIONAL RECORD — SENATE S2977 Whereas the over 1,000 products that are ORDERS FOR FRIDAY, MARCH 19, To be major being inhaled to get high are legal, inexpen- 1999 *HUSAM S. NOLAN, 0000 sive, and found in nearly every home and STEVEN C. SIEFKES, 0000 every corner market; Mr. STEVENS. Mr. President, I ask JAMES H. WALKER, 0000 Whereas using inhalants only once can unanimous consent that when the Sen- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT lead to kidney failure, brain damage, and ate completes its business today, it IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE even death; stand in adjournment until 9:45 a.m. on AND RESPONSIBILITY UNDER TITLE 10, U.S.C, SECTION Whereas inhalants are considered a gate- Friday, March 19. I further ask consent 601: way drug, leading to the use of harder, more that on Friday, immediately following To be lieutenant general deadly drugs; and the prayer, the Journal of the pro- MAJ. GEN. DONALD G. COOK, 0000 Whereas because inhalant use is difficult ceedings be approved to date and the to detect, the products used are accessible THE FOLLOWING NAMED OFFICER FOR APPOINTMENT morning hour be deemed to have ex- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- and affordable, and abuse is so common, in- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE creased education of young people and their pired, the time for the two leaders be AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION parents regarding the dangers of inhalants is reserved, and the Senate then resume 601: an important step in our battle against drug consideration of this bill, the supple- To be lieutenant general abuse: Now, therefore, be it mental appropriations bill. LT. GEN. LANCE W. LORD, 0000 Resolved, That the Senate— The PRESIDING OFFICER. Without IN THE ARMY (1) designates the week of March 21 objection, it is so ordered. through March 27, 1999, as ‘‘National THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Inhalants and Poisons Awareness Week’’; f TO THE GRADE INDICATED IN THE UNITED STATES ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN (2) encourages parents to learn about the PROGRAM ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 531, 624, dangers of inhalant abuse and to discuss AND 628: Mr. STEVENS. Mr. President, for the those dangers with their children; and To be major (3) requests that the President issue a information of all Senators, tomorrow morning the Senate will resume the THOMAS M. JOHNSON, 0000 proclamation calling upon the people of the FRANCIS J. LARVIE, 0000 United States and interested groups to ob- supplemental appropriations bill. *ANTHONY P. RISI, 0000 serve such week with appropriate ceremonies At 9:45, I intend to call up an amend- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT and activities. ment on the list related to ethical TO THE GRADES INDICATED IN THE UNITED STATES ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED standards. All Members should be on BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS f notice that a rollcall vote will occur on 531, 624, AND 628: or in relation to that amendment To be colonel APPOINTMENT OF CONFEREES— shortly after the Senate convenes at RANDALL F. COCHRAN, 0000 H.R. 800 9:45. The vote should begin as early as RUSSELL B. HALL, 0000 9:50 or 9:55 Friday morning. Any Mem- Mr. STEVENS. Mr. President, I move To be major ber who intends to offer additional that the Chair be authorized to appoint *REGINA K. DRAPER, 0000 amendments should be prepared to re- conferees on the part of the Senate THE FOLLOWING NAMED ARMY NATIONAL GUARD OF main on Friday in order to offer those THE UNITED STATES OFFICERS FOR APPOINTMENT TO with respect to H.R. 800, the Ed-Flex amendments. THE GRADE INDICATED IN THE RESERVE OF THE ARMY legislation. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: In addition, it is expected that on To be colonel The motion was agreed to, and the Monday the Senate will debate the Presiding Officer appointed Mr. JEF- Kosovo issue beginning at approxi- ALFRED C. FABER, JR., 0000 FORDS, Mr. GREGG, Mr. FRIST, Mr. MARGARET J. SKELTON, 0000 mately noon and will resume the sup- EDWARD L. WRIGHT, 0000 DEWINE, Mr. ENZI, Mr. HUTCHINSON of plemental appropriations bill some- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Arkansas, Ms. COLLINS, Mr. BROWN- time late that afternoon. However, no TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: BACK, Mr. HAGEL, Mr. SESSIONS, Mr. rollcall votes will occur during Mon- KENNEDY, Mr. DODD, Mr. HARKIN, Ms. day’s session. To be colonel MIKULSKI, Mr. BINGAMAN, Mr. DALE F. BECKER, 0000 f WELLSTONE, Mrs. MURRAY, and Mr. JAMES R. O’ROURKE, 0000 JOHN J. SCANLAN, 0000 REED of Rhode Island conferees on the ADJOURNMENT UNTIL 9:45 A.M. JOHN F. STOLEY, 0000 part of the Senate. TOMORROW THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. STEVENS. Mr. President, if IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: f there is no further business to come be- fore the Senate, I ask unanimous con- To be brigadier general MEASURE READ THE FIRST sent that the Senate stand in adjourn- DENTAL CORPS TIME—H.R. 975 ment under the previous order. COL. KENNETH L. FARMER, JR., 0000 There being no objection, the Senate, Mr. STEVENS. Mr. President, I un- IN THE MARINE CORPS at 8:33 p.m., adjourned until Friday, derstand that H.R. 975 was received THE FOLLOWING NAMED OFFICER FOR APPOINTMENT March 19, 1999, at 9:45 a.m. TO THE GRADE INDICATED IN THE UNITED STATES MA- from the House and is at the desk. RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: f The PRESIDING OFFICER. The To be colonel clerk will read the bill for the first NOMINATIONS HAROLD E. POOLE, SR., 0000 time. The legislative clerk read as follows: Executive nominations received by IN THE NAVY the Senate March 18, 1999: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT A bill (H.R. 975) to provide for a reduction TO THE GRADE INDICATED IN THE UNITED STATES DEPARTMENT OF DEFENSE in the volume of steel imports, and to estab- NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: lish a steel import notification and moni- BRIAN E. SHERIDAN, OF VIRGINIA, TO BE AN ASSIST- To be captain toring program. ANT SECRETARY OF DEFENSE, VICE HENRY ALLEN HOLMES. DON A. FRASIER, 0000 Mr. STEVENS. Mr. President, I now IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ask that the bill be read for the second TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: time, and I object to my own request. TO THE GRADE INDICATED IN THE UNITED STATES AIR The PRESIDING OFFICER. Objec- FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED To be commander BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS tion is heard. 624, 628, AND 531: LEO J. GRASSILLI, 0000

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CONSTITUTIONAL AMENDMENT TO TRIBUTE TO JUSTIN JOSLIN AND In addition to the almost 13 years he has REMOVE THE SOCIAL SECURITY ROGER BISHOP spent in the National Guard, he served for 4 TRUST FUND AND MEDICARE years in the Marine Corps, enlisting after grad- OFF-BUDGET HON. HEATHER WILSON uating from high school. Despite his success, OF NEW MEXICO SFC Dolan remains modest, citing the exem- IN THE HOUSE OF REPRESENTATIVES plary work of other Pennsylvania Guardsmen. HON. JAMES A. TRAFICANT, JR. Thursday, March 18, 1999 He is in quite a good position to determine the proficiency of his colleagues, as it is his duty OF OHIO Mrs. WILSON. Mr. Speaker, I wish to bring to inspect unit readiness throughout the state. IN THE HOUSE OF REPRESENTATIVES to your attention the humanitarian acts of Jus- In this capacity, he helps review a third of the tin Joslin and Roger Bishop, two students of National Guard every year. Thursday, March 18, 1999 Sandia High School in Albuquerque, NM. SFC Dolan, in the true spirit of the minute- In November 1998 these two young men Mr. TRAFICANT. Mr. Speaker, over the man, initially joined the same National Guard were driving around after school when they unit in which his father served. He currently years, the Federal Government has raided the saw a slow-moving vehicle veer dangerously Social Security trust fund and Medicare and lives with his wife, Vincenta, who is also a across oncoming traffic toward houses. The member of the PA Guard, and their 10-month diverted the money earmarked for retirement driver of this vehicle appeared passed out, her old daughter, Kaitlin. and medical benefits to a host of other pro- head tipped back against the seat. Without ex- The honor of the title of Soldier of the Year grams. This would be bad enough if Social changing a word, both young men sprang into is a great one. That the award is in such good Security faced no financial crisis. But the pro- action to stop the car, saving the woman and hands bodes well for the future of the Penn- gram is projected to start running cash-flow possibly others, from injury. Justin stopped his sylvania National Guard. The people of Penn- shortages around 2013, which makes the mis- car, and he and Roger jumped out and ran sylvania can feel secure in the knowledge that use of the trust fund unconscionable. I have along opposite sides of the other vehicle. men and women like SFC Dolan are working recently introduced legislation calling for a Roger grabbed the passenger's door, which for them. It is an honor to pay tribute to him constitutional amendment to remove the So- was locked and Justin grabbed the drivers' today. cial Security trust fund and Medicare off-budg- door and was able to jump in. Justin pressed f on the brake and put the vehicle in park. The et. I encourage each of my colleagues to sup- 66-year-old driver had apparently fallen uncon- HONORING COLORADO GIRLS port this measure. scious. She was treated at a local hospital and STATE BASKETBALL 3A CHAM- Supporters of the Social Security accounting released. PIONS—EATON HIGH SCHOOL system claim the trust fund is in fine shape, Too many times we hear of bad news in our storing the surpluses in a massive fund that communities or situations that could have con- HON. BOB SCHAFFER cluded better if someone would have acted will ensure that benefit checks keep flowing OF COLORADO with concern and compassion as these young until 2032. The truth is when Social Security's IN THE HOUSE OF REPRESENTATIVES costs exceed tax receipts, the Government will men did. Justin Joslin and Roger Bishop Thursday, March 18, 1999 have to raise taxes and/or borrow more showed that they care about others and are money to help pay benefits. willing to act in a humanitarian way when they Mr. SCHAFFER. Mr. Speaker, I rise today see a need. to extend my heartiest congratulations to the Since 1983, Social Security has collected f Eaton High School girls basketball team on more in taxes than it spends on benefits and their impressive State 3A Championship. The other costs. This year, the payroll tax surplus TRIBUTE TO SERGEANT FIRST CLASS JAMES DOLAN victory, a hard fought 50±47 win over Pagosa will total about $52 billion. By 2007, the cumu- Springs High School, was a thrilling contest lative surplus is estimated to be $435 billion. HON. GEORGE W. GEKAS between two talented and deserving teams. In In the past, these funds have been spent on championship competition, though, one team OF PENNSYLVANIA everything from defense to welfare. In return, must emerge victorious, and Eaton proved IN THE HOUSE OF REPRESENTATIVES the trust fund has been issued nonmarketable themselves the best in their classÐtruly sec- Treasury bonds, which are merely promises to Thursday, March 18, 1999 ond to none. repay the money with interest at a later date Mr. GEKAS. Mr. Speaker, I rise today to The State 3A Championship is the highest in time. In short, IOU's from the Government pay tribute to Sgt. First Class James Dolan, of achievement in high school basketball. This to itself. To date, the IOU's in the trust fund Jonestown, PA, who recently earned the title coveted trophy symbolizes more than just the team and its coach, Bob Ervin, as it also rep- total over $800 billion. of Soldier of the Year for the Pennsylvania National Guard. SFC Dolan, who serves full- resents the staunch support of the players' The best and only way to shield the Social time at Fort Indiantown Gap in Annville, is the families, fellow students, school personnel and Security and Medicare trust funds from spend- assistant inspector general for the PA Army the community. From now on, these people ing raids is to exclude their funds from Federal National Guard. can point to the 1998±1999 girls basketball budget calculations. Currently, several bills This award is well-earned by an individual team with pride, and know they were part of have been introduced that would do just that. who carries himself with great professionalism a remarkable athletic endeavor. Indeed, visi- However, none of those bills call for amending and distinction in the finest traditions of our tors to this town and school will see a sign the U.S. Constitution to ensure that raiding the country's military history. The noncommis- proclaiming the Girls State 3A Championship, fund is impossible. sioned officers corps serves as the backbone and know something special had taken place of the army, and the benchmark that SFC there. The fundamental goal of the Social Security Dolan has set is emblematic of the lofty stand- The Eaton basketball squad is a testament and Medicare programs is ultimately to guar- ards traditionally set by our nation's non- to the old adage that the team wins games, antee savings and medical coverage for retir- commissioned officers. In order to achieve this not individuals. The combined talents of these ees. The Federal Government has made a honor, SFC Dolan was interviewed by evalua- players coalesced into a dynamic and domi- contract with the American people. Let's show tion boards who ranked his technical pro- nant basketball force. Each team member also that we are serious about addressing the re- ficiency, leadership skills, and military knowl- deserves to be proud of her own role. These tirement system's long term solvency problem. edge and bearing. individuals are the kind of people who lead by Again, I urge each member to support this This award was given to an excellent soldier example and serve as role-models. With the constitutional amendment. who has maintained a brilliant military record. increasing popularity of sports among young

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E478 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 people, local athletes are heroes to the young ice to the Christian community, and its efforts tional magazine Cable in the Classroom for in their home towns. I admire the discipline to serve better through expansion. May it long her innovative methods to use technologies in and dedication these high schoolers have continue its growth and success. the classroom. shown in successfully pursuing their dream. f Mrs. Leach is a regular user of video in her The memories of this storied year will last a science class. She has found that by lifetime. I encourage all involved, but espe- UNITED CONFEDERATION OF supplementing the traditional text method of cially the Eaton players, to build on this expe- TAINO PEOPLE DAY teaching she is able to reach different kinds of rience by dreaming bigger dreams and achiev- learners. Some students favor auditory and ing greater successes. I offer my best wishes HON. LUIS V. GUTIERREZ visual information processing. Mrs. Leach has to this team as they move forward from their OF ILLINOIS found that to reach more students more effec- State 3A Championship to future endeavors. IN THE HOUSE OF REPRESENTATIVES tively she must present the material in as f many different ways as she can. Thursday, March 18, 1999 In addition to her responsibilities as a CONGRATULATING ST. GREGORY Mr. GUTIERREZ. Mr. Speaker, I rise today science teacher, Onorina Leach is the coach THE ILLUMINATOR CHURCH OF to speak about the taino people and the im- of Highland High School's United States Aca- FOWLER portance of observing the United Confed- demic Decathlon team. Also, Mrs. Leach is eration of Taino People Day. using video to help prepare the Highland High HON. GEORGE RADANOVICH The Taino people are the descendants of School Decathlon team for competition. The OF CALIFORNIA the first Native Peoples of the Americas to students participating in the United States IN THE HOUSE OF REPRESENTATIVES greet Cristobal Colon (Christopher Columbus) Academic Decathlon learn study skills, time- in the year 1492, and have a distinctive spir- Thursday, March 18, 1999 management skills and social skills. A com- itual and material relationship with the lands, pliment given to Mrs. Leach by a student she Mr. RADANOVICH. Mr. Speaker, I rise territories, waters and coastal seas which they had years ago summarizes Ms. Leach's dedi- today to congratulate St. Gregory the Illu- have traditionally been connected to, occupied cation to her students. ``You know, Mrs. minator Church of Fowler, CA, upon its re- and used from time immemorial. Leach, Academic Decathlon did not nec- opening. St. Gregory the Illuminator is the The Taino people have the collective and in- essarily prepare me for graduate school, but it fourth oldest Armenian Church in the United dividual right to identify themselves as indige- did prepare me for life.'' States. nous, to be recognized as such, and to prac- Please join me in honoring and thanking St. Gregory first opened its doors in 1906 as tice, revitalize, develop and transmit to coming Onorina Leach for the difference she is mak- the Armenian Apostolic Church. The services generations the past, present and future mani- ing in the lives of her students and to our were held in the Episcopal Church of Fowler, festations of their distinct identity, ethnic, cul- great community of Albuquerque, New Mexico. and officiated by Father Sahag Vartabed tural and spiritual traditions, history, language, f Nazaretian, pastor of the Holy Trinity Church and customs. in Fresno. During this time, the congregation The Taino people, beyond international and MY COMMITMENT TO FREE AND of the St. Gregory Church consisted of 75 to political borders, have taken positive steps for FAIR TRADE FOR AGRICULTURE 100 families. the recognition, promotion and protection of In 1907, the First Divine Liturgy of the Ar- their collective and individual rights and free- HON. BOB SCHAFFER menian Apostolic Church was celebrated. Im- doms, by organizing themselves for their spir- OF COLORADO mediately following the liturgy, the congrega- itual, social, political, economic, and cultural IN THE HOUSE OF REPRESENTATIVES tion elected a board of trustees, their objective enhancement. Thursday, March 18, 1999 being the selection of a suitable site for a The Taino people, being represented by in- church building. On April 15, 1909, the present digenous organizations, such as Caney Quinto Mr. SCHAFFER. Mr. Speaker, Colorado ag- church site in Fowler was selected and pur- Mundo, Concejo General de Tainos riculture increasingly depends upon the export chased. Borincanos, Fundacion Social Luz Cosmica market to expand sales and increase reve- Construction of the church building on Feb- Taina, Presencia Taina, Taino Ancestral Leg- nues. The expanding world trade in agriculture ruary 3, 1910. On April 17, the church was acy Keepers, Ciboney Tribe, and Cecibajagua, has a significant impact on both the U.S. trade consecrated in a ceremony in the presence of have in solidarity chosen representatives balance and on specific commodities and indi- a large congregation. The St. Gregory Church themselves and established the United Con- vidual farmers. became the fourth established Armenian Ap- federation of Taino People. No sector of the U.S. economy is subject to ostolic Church in America, under the jurisdic- The United Confederation of Taino People more international trade barriers than agri- tion of the Diocese of the Armenian Church of is celebrating its first historic anniversary, culture. The import quotas, high tariffs, gov- North America. which coincides with, and recognizes the ernment buying monopolies and import bans Over the years, the original church building United Nations International decade of the imposed by other nations, coupled with the has expanded, and a church hall and Sunday World's Indigenous Peoples, and the equinox overwhelming number of trade sanctions and school classes have been added. In 1993 the that signals the beginning of the planting cycle embargoes imposed on other countries by our church decided to expand further. The site has that the Taino People have observed for thou- own government, cost the American agri- since been enhanced by a park, basketball sands of years. culture industry billions of dollars each year in and volleyball courts, a playground and a Mr. Speaker, March 27, 1999 is the United lost export opportunities. courtyard, all of which are frequently used and Confederation of Taino People Day. I encour- These barriers continue to grow in spite of enjoyed by parishioners. Most recently, con- age my colleagues and all of the people of the the General Agreement on Tariffs and Trade struction has taken place to expand the sanc- United States to observe that day with the re- (GATT) and the North American Free Trade tuary and church offices; a library and con- spect and dignity it deserves and to learn Agreement (NAFTA). Without question, they ference room have also been added. During more about the great contributions of this peo- are devastating the ability for American agri- this time of construction, services have been ple to our country and civilization. culture to effectively compete, particularly at a held in Markarian Hall, and a drastic increase f time when exports now account for 30% of in the congregation has been observed, mak- U.S. farm cash receipts and nearly 40% of all ing the re-opening of the sanctuary highly an- TRIBUTE TO ONORINA LEACH agricultural production. It is abundantly clear, ticipated. that in addition to free trade, America must It is the memorable event that St. Gregory HON. HEATHER WILSON guarantee fair trade. celebrates as it serves its third generation of OF NEW MEXICO The 1996 Freedom to Farm Act returned Armenians, as well as many converts. It is the IN THE HOUSE OF REPRESENTATIVES control of farming operations to producers in prayer of the parish that St. Gregory will be exchange for sharp restrictions on the level of able to meet the challenge of inspiring those Thursday, March 18, 1999 government support. The goal was to provide who worship in and make St. Gregory their Mrs. WILSON. Mr. Speaker, I wish to bring U.S. farmers with the flexibility to run their op- spiritual home. to your attention an honor received by Onorina erations according to the marketplace. But in Mr. Speaker, I urge my colleagues to join Leach, Science Teacher at Highland High exchange, the U.S. government has a clear me in congratulating St. Gregory the Illu- School, Albuquerque, New Mexico. Mrs. responsibility to ensure that our farmers and minator Church of Fowler on its longtime serv- Leach was profiled in the November 1998 na- ranchers have the ability to compete fairly CONGRESSIONAL RECORD — Extensions of Remarks E479 against other exporters, not against foreign THE WORK INCENTIVES ability programs the fourth largest entitlement governments. I will continue my efforts in Con- IMPROVEMENT ACT expenditure in the Federal Government. Now, gress to compel the executive branch to vigor- if only one 1 percent, or 75,000, of the 7.5 mil- ously fight foreign trade barriers and utilize HON. RICK LAZIO lion disabled adults were to become em- available tools such as the Export Enhance- OF NEW YORK ployed, Federal savings in disability benefit would total $3.5 billion over the lifetime of the ment Program and the Market Access Pro- IN THE HOUSE OF REPRESENTATIVES individual. Removing barriers to work is a gram to promote U.S. products abroad. Thursday, March 18, 1999 major benefit to disabled Americans in their Furthermore, the State Department and the Mr. LAZIO. Mr. Speaker, I rise today to in- pursuit of self-sufficiency, and it also contrib- current administration must be forced to un- troduce a bill that has one goal and one goal utes to preserving the Social Security trust derstand the economic consequences of uti- onlyÐenabling individuals with disabilities to fund. lizing food as a diplomatic weapon. Our farm- pursue their desire to work. In today's work- The Work incentives Improvement Act ers and ranchers cannot continue to bear the place, less than one-half of one percent of dis- would create new State options for SSDI and SSI beneficiaries who return to work to pur- overwhelming burden of ineffective unilateral abled Americans successfully move from dis- ability benefits to employment and self-suffi- chase the health care coverage they would sanctions. The federal government should be otherwise be entitled to if they did not work. It required to identify funding sources to reim- ciency. A recent Harris Survey, however, found that 72 percent of Americans with dis- would support a user-friendly, public-private burse farmers for the reduction in prices abilities want to work but nearly 75 percent of approach job training and placement assist- caused by our government's actions, and this persons with disabilities are unemployed. ance for individuals with disabilities who want must occur before such actions are permitted What is the problem, here? to work, and it provides for new ways to in- to take place. Let me tell you about a man from my dis- form SSDI and SSI beneficiaries of available Agriculture is the bedrock of the American trict. He is a 39-year-old Navy Veteran from work incentives. Bay Shore, NY. Several years ago, he worked The man from Bay Shore, NY, said, ``I want economy, and our agricultural productivity is to work. I do not want to be a burden to tax- the envy of the world. Assuring Colorado's on Wall Street with the hopes of becoming a stockbroker. Unfortunately, an accident in payers.'' The Work Incentives Improvement farmers keep this edge in the global economy Act will help him become a successful stock- 1983 left him a quadriplegic. Because of his is one of my highest priorities in Congress. broker. When he does so, he hopes to open injury, this man relies on a tracheostomy to to open his own firm and hire people with dis- help him breath and speak. f abilities. He requires nurses or caregives to clean his Now is the time to make major progress to- COAST GUARD AUTHORIZATION tracheostomy and requires 24-hour home care ward removing barriers and enabling people ACT OF 1999 to assist him bathing, dressing, housekeeping, with disabilities to work. Millions of Americans and numerous other daily activities. This indi- are waiting eagerly to unleash their creativity vidual's physical challenge, however, does not and pursue the American dream. They are SPEECH OF inhibit his ability to become a stockbroker. Ten waiting for us to act, Mr. Speaker. Let's act years after his tragic accident, he successfully now. HON. DAVID E. BONIOR passed the ``Series 7'' test, a grueling 6-hour f OF MICHIGAN exam, to become a licensed stockbroker. Ex- cept for Federal barriers, he would be a stock PROVIDING FOR CONSIDERATION IN THE HOUSE OF REPRESENTATIVES broker today. He cannot, however, because OF H.R. 975, REDUCING VOLUME OF STEEL IMPORTS AND ESTAB- Wednesday, March 17, 1999 he would lose his Medicaid and Medicare, which he needs to survive. LISHING STEEL IMPORT NOTIFI- The House in Committee of the Whole His situation is not unique. His predicament CATION AND MONITORING PRO- House on the State of the Union had under is replicated all across this countryÐby the GRAM consideration the bill (H.R. 820) to authorize millions. Suffolk County, NY, alone has SPEECH OF appropriations for fiscal years 2000 and 2001 261,000 disabled individualsÐmost of whom for the Coast Guard, and for other purposes: want to work. Yet, disabled Americans must HON. HAROLD E. FORD, JR. choose between working and surviving. Fed- OF TENNESSEE Mr. BONIOR. Mr. Chairman, the U.S. Coast eral benefit programs such as Social Security IN THE HOUSE OF REPRESENTATIVES Guard provides many valuable services to our Disability Insurance (SSDI) and Supplemental Wednesday, March 17, 1999 country. Among them are ice rescues. As Security Income (SSI) provide benefits, includ- many of us along the Great Lakes know, the ing eligibility for health coverage through Medi- Mr. FORD. Mr. Speaker, I rise today in sup- Coast Guard has saved countless lives and care and Medicaid. Services that many dis- port of the Bipartisan Steel Recovery Act of provided invaluable services to our commu- abled workers require, such as personal as- 1999. I believe this initiative provides a com- prehensive approach to enforcing trade laws nities. sistance, are often not covered by employer by stating clearly and forcefully that the United health care. So, when a disabled American In the district which I represent, Macomb States does not and will not tolerate violations secures a job and earns income, he or she and St. Clair Counties, recreational uses of of trade laws by foreign corporations. may lose their government benefits and, sub- Lake St. Clair, the St. Clair River, and Lake As we enter a new millennium, we must sequently, their health coverage. Huron are not just limited to summer activities. face and embrace globalism by ensuring that This is why I have introduced the Work In- all our citizens have the skills required to com- Ice fishing is a growing and popular rec- centives Improvement Act in the House of reational activity, but from time to time way- pete in the international economy. Export-driv- Representatives. The Federal Government en job growth ensures that our communities' ward fishermen find themselves in need of should remove existing barriers and allow living standards continue to rise. help. these individuals to work. Like all other Ameri- The primary forces shaping our economyÐ Our communities do a great job in rescuing cans, disabled Americans deserve economic globalization, digitalization, deregulation, and individuals from critical circumstances, but opportunity. They deserve the satisfaction that diversityÐrequire that we consider a broader their rescue capacity could be greatly aided by only a paycheck can bring. They deserve to array of international trade and investment op- a Husky Airboat stationed at the St. Clair be in control of their lives and have the peace portunities. The city of Memphis is considered of mind of independence and personal secu- Shores Coast Guard Station. As we consider America's Distribution Center, and trade liber- rity. The Work Incentives Improvement Act the Coast Guard authorization bill, I hope the alization will help us become the World's Dis- takes significant steps toward reforming Fed- tribution Center. Coast Guard and committee authorizers will eral disability programs, improving access to But, while I support free trade, I also sup- consider the import role the Coast Guard needed services, and releasing the shackles port fair trade. When other countries employ plays in ice rescues and will work toward pro- of dependency. unfair trading practices, we must respond in viding adequate resources to satellite stations, Look at today's disability program: more kind. The rules of the international trading sys- like the one in St. Clair Shores, to fulfill their than 7.5 million disabled Americans receive tem, as laid out in the World Trade Organiza- mission. I look forward to working with the benefits from SSI and SSDI. Providing assist- tion, are predicated upon fair trade. If a coun- Coast Guard and the committees of jurisdic- ance to these individuals costs the Govern- try violates these rules, the system itself suf- tion in this important matter. ment $73 billion a yearÐmaking these dis- fers. E480 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 That is why we must respond forcefully tween our economy and our salmon, which is His ear for music that is outside the main- when foreign firms are dumping their products precisely what those advocating the removal stream, and his willingness to dedicate himself in the United States at prices under the fair of dams are asking us to do. Instead, I believe to it and the musicians who perform it, has en- market value. That is why we must respond we can have both a strong economy and abled him to be successful for over 36 years. forcefully when huge import surges threaten healthy fish runs. With his son at his side, Steve will undoubt- American jobs. This bipartisan measure dem- This Congress must make it clear that de- edly continue to help all types of great music onstrates to the rest of the world that there is stroying the dams on the Columbia and Snake find an audience. a right way and a wrong way to pursue Rivers is not a ``silver bullet'' solution to restor- Ladies and gentlemen please join me in globalization. ing salmon runs. Losing the flood control, irri- honoring Steve Popovich. The plight of Birmingham Steel, which oper- gation, clean power generation, and transpor- THE POLKA PUNK ROCKER ates a mini-mill in the Ninth District of Ten- tation benefits of these dams would be a By Laura Demarco nessee, is an example of how the current cri- grave mistake, and one not easily corrected. Steve Popovich made Meat Loaf a main sis is affecting working families in our country. Instead, the federal government and the peo- course and helped tell the world ‘‘Cleveland In Memphis, Birmingham Steel employees ple of the Pacific Northwest must work to- Rocks.’’ Now, he’s looking to strike gold manufacture steel that is eventually fashioned gether to address the entire range of factors again with the ethnic music of his roots— into wire rods. Since 1993, wire rod imports impacting fish populations: habitat, harvest polka—and the DIY spirit of his son’s pas- from non-NAFTA nations have increased 60 levels, hatcheries, dams, predators, and nat- sion—punk rock. The walls of Steve Popovich’s office don’t percent, and in the past 18 months these im- ural climate and ocean conditions. Mr. Speaker, I am confident that the people have to talk to tell his story. Mixed in ports have increased by 16 percent. Surely, among the rows of gold and platinum records we need to rectify this situation. of the Northwest will save our salmon. But we hang ‘‘I love kieska’’ and ‘‘polka naked’’ We also need to be wary of the macro- must do so in a realistic and comprehensive bumper stickers. A ‘‘Cleveland Rocks’’ stick- economic effects of the surge in imports. A re- way, and not by grasping for easy answers. I er decorates the window. His son’s high cent Business Week article noted that the encourage all my colleagues to who believe school class photo hangs near a backstage merchandise trade deficit widened by 25 per- that we can balance human needs with the snapshot of Bruce Springsteen and Billy cent in 1998, to a record $248 billion. Most of needs of endangered and threatened species Joel. A huge, psychedelic poster of Meat to support this resolution. Loaf is framed near a smiling reproduction this can be attributed to surging imports, such of Frankie Yankovic. f as the steel surges from Brazil, Russia, and It’s a scene as colorful and complex as the Japan. Economists agree that while the U.S. IN HONOR OF STEVE POPOVICH man himself. Each memento stands for a economy continues to prosper and grow, a part of Popovich’s life: Music mogul. Proud ballooning current account deficit could prompt ethnic. Even prouder father. Genius Meat a correction in stock prices, a weaker dollar, HON. DENNIS J. KUCINICH Loaf marketer. Polka promoter. The man and possibly even a recession. In other words, OF OHIO who helped Ian Hunter tell the world ‘‘Cleve- our unprecedented record of high growthÐ IN THE HOUSE OF REPRESENTATIVES land Rocks.’’ Thursday, March 18, 1999 He’s also the busy head of two new subsidi- while keeping inflation and unemployment aries of his Cleveland International Record lowÐis jeopardized by import surges. Mr. KUCINICH. Mr. Speaker, I rise today to label, the ethnic/polka Our Heritage * * * About two decades ago, the U.S. steel in- recognize Steven Popovich, founder of the Pass It On line and the punk/metal offshoot, dustry was widely criticized for lagging com- Cleveland International Record label. Grappler Unlimited. petitiveness, excessively high prices, and low Over the past 36 years Mr. Popovich has Why polka and punk? Like the other music labor productivity. Both management and labor achieved considerable success in the music Popovich has championed through his 36- realized that they had to reinvent the way business by taking chances on artists and year music industry career, they’re styles that often get overlooked. Both have a de- steel was produced in the United States. They music at the fringes of the mainstream. For voted core of fans who buy the records, wear did so through reinvestment, streamlining, and example, Popovich signed Meat Loaf to the the fashions and seek out the shows. Neither hard work. The steel industry has since turned Cleveland International label after Meat Loaf gets radio play nor respect in mainstream itself into one of the most admired, productive had been rejected by several record compa- media. Then again, neither did a certain sectors of U.S. business. nies. After signing Meat Loaf, Popovich hefty singer, until Popovich made Meat Loaf Now, as world trading rules are being flaunt- launched what is considered one of the most a household name. ed, it is time for us to come to the aid of this successful marketing campaigns ever. Popovich may look like anything but a music mogul in his jeans, Cleveland Inter- proud industry, an industry that is crucial to Popovich mixed the powerful CBS marketing national T-shirt and Pat Dailey’s baseball our national defense and our American herit- department with grassroots efforts to make cap, but he has struck gold more than once age. Our steel workers deserve better. The Meat Loaf a national icon. by betting on the underdog. Today, he’s try- world trading system deserves better. For Popovich's success with Meat Loaf provides ing it again. these reasons, I am proud to be a cosponsor just one example of how and why Popovich COAL MINER’S SON of the Bipartisan Steel Recovery Act of 1999. has been successful. Once he believes in Popovich doesn’t like to talk about the f someone he puts everything he has into mak- past. He’s rather discuss what he’s working ing that person successful. This dedication on now—expanding Our Heritage * * * Pass INTRODUCTION OF A SENSE OF has worked for Popovich regardless of the art- It On and promoting Grappler’s first band, CONGRESS RESOLUTION RE- ist or type of music he is promoting. Porn Flakes. GARDING THE DAMS ON THE CO- In 1986 Popovich applied this formula to But to understand how Popovich got to LUMBIA AND SNAKE RIVERS this cluttered, homey midtown office, you Polygram Nashville and turned the label into a have to look at where he came from. success. Acts like Johnny Cash, Kris Born in 1942 to a Serbian father and Cro- HON. DOC HASTINGS Kristofferson, the Everly Brothers, and Kathy atian-Slovenian mother in the coal-mining OF WASHINGTON Mattea signed with Popovich and Polygram town of Nemacolin, Penn., Popovich’s early IN THE HOUSE OF REPRESENTATIVES Nashville. life was a long way from the Manhattan of- Popovich also signed polka legend Frankie fice buildings he would find himself in years Thursday, March 18, 1999 Yankovic, the Polka King, to the label. later. His father was a miner who opened a Mr. HASTINGS. Mr. Speaker, the people of Yankovic won a Grammy for his 1986 album grocery store in the last two years of his life. the Pacific Northwest are currently engaged in It was from him and another father figure, ``70 Years of Hits'', which Popovich co-pro- Popovich’s lifelong friend, Father Branko a debate on the best way to ensure the sur- duced. Yankovic and his polka music were Skaljac, that his love for music began. vival and recovery of endangered and threat- quick hits in Nashville. Popovich has since ‘‘My dad played in a tamburitza band with ened salmon and steelhead. These fish are started Our Heritage, a polka and ethnic music his two brothers and a couple other guys. very important to the people of our region, and subsidiary of Cleveland International. They always played music around the house we are dedicated to ensuring their survival. In the fall of 1998 Popovich, along with his and sang. Fr. Branko came and taught us However, Mr. Speaker, ongoing studies by son, Steve, Jr., Ed Shimborske, and Michael tambura [a stringed Balkan instrument] the U.S. Army Corps of Engineers and the Na- Seday, formed another subsidiary of Cleve- every Thursday.’’ Looking back, Popovich sees the impor- tional Marine Fisheries Service into the feasi- land International, Grappler Unlimited. With tance of music for people in a place like bility of removing federal dams to enhance fish Grappler Unlimited, once again, Popovich is Nemacolin. runs have focused the fish recovery debate focusing on music that is perhaps outside the ‘‘I really believe polka was our people’s too narrowly. We do not need to choose be- mainstreamÐpunk. Prozac,’’ he says. ‘‘When they were working CONGRESSIONAL RECORD — Extensions of Remarks E481 in the mines, factory jobs, they’d get de- tive left New York to form an independent Loaf, who appeared in multiple interviews, it pressed, so they’d throw on their music or label called Cleveland International that was could have something to do with a 1995 law- pick up their accordion or tambura.’’ backed by Columbia. suit that Popovich’s Cleveland Entertain- A few years after learning the tambura, ‘‘Cleveland was a very important market ment Inc. filed against Sony Music Enter- another stringed instrument caught in those days,’’ says Popovich. ‘‘It really was tainment Inc. and CBS Records in Cuyahoga Popovich’s attention: the upright bass. He WMMS . . . they made a real big impact na- County Common Pleas Court. The suit al- formed a polka-rock band called Ronnie and tionally. That was the reason I moved back leged that Popovich was defrauded out of the Savoys that played out at local hotels here from New York. It was such a viable royalties for Bat Out of Hell through various and the Masontown, Penn., Italian Club. record breakout market that I thought bas- devices, including fraudulently calculated When Popovich’s father died in 1960, he ing a company here would be a good idea.’’ royalties for the sales of CDs. Meat Loaf, moved to Cleveland with his mother and sis- He was correct. Not seven months after the who re-signed to Sony following the filing of ter, where they had family. He attended label started, Popovich signed another un- Popovich’s initial complaint, was expected John Carroll on a football scholarship, but derdog no one else would be near, but one to testify against Popovich at the trial. quit after a year, spending the next few year who soon put Cleveland International on the But the suit never made it to court. doing odd jobs. map. Popovich, who sought $100 million, and Sony Then in 1963, two articles in a paper he was ‘‘Meat Loaf was too fat, too ugly. His hair settled for a confidential amount last Feb- reading caught his attention. The first was a was too long, the voice was too operatic,’’ ruary. Ancillary litigation filed in New York notice that Columbia Records was opening a says Popovich. federal court by Meat Loaf against Sony and Cleveland warehouse. The second was a story That’s what the labels that passed on Meat Cleveland Entertainment was dismissed at saying one of his favorite polka artists, Loaf thought. But the fans thought other- the same time. Cleveland’s Frankie Yankovic, who recorded wise. The product of songwriter Jim Today, Popovich will only say that his suit for Columbia, had been injured in a car acci- Steinman, producer Tod Rundgren and a one- was settled ‘‘amicably.’’ For the first time in dent. of-a-kind singer with a voice big enough to two decades, Meat Loaf is off his plate— ‘‘So I called Frank out of the blue and said match his girth, Marvin Aday (a.k.a. Meat though Popovich says that as a result of his ‘hey you don’t know me, but I play your Loaf), Bat out of Hell is an album few rock Sony lawsuit he does receive royalties from music back in Pennsylvania. Can you get me fans can claim not to have heard—it has sold sales of Bat Out of Hell. an interview?’’’ says Popovich. ‘‘And he did an astonishing estimated 28 million copies. OLD WORLD that from his hospital bed. I never forgot But at the time New York attorney David Popovich grabs a black-and-white photo off that.’’ Sonenberg was shopping it around, no one in a pile of papers on his desk. ‘‘Here, look what Popovich got the job ad thus began his the music business new what to think about I found,’’ he says, talking to his son, Steve, music industry career; schlepping boxes it. So they just stayed away. Except for Jr., who just walked into his office, a mus- around 80 hours a week for $30. On his nights Popovich. cular, spiky haired, tattooed contrast to his off he would play with the Savoys, who had After signing Meat Loaf, Popovich em- barked on what is regarded as one of the father. followed him up to Cleveland. The photo shows a young boy, about 6- But with his strong work ethic, Popovich most successful marketing campaigns ever years-old, standing proudly, hands on his quickly climbed out of the warehouse. He in the music industry. It included radical hips talking to a group of men around him. soon found himself working promotions in tactics, such as Popovich showing up at The men are Johnny Cash, Hank Williams the local Columbia office, and in 1969 was of- radio stations and retailers across the nation Jr. and Cowboy Jack Clements. The boy is fered a promotions job in the label’s New to drop off Meat Loaf tapes—an unheard of Steve, Jr. York office. activity for a record company president. He ‘‘You’re talking to them like you’re Clive A year later, at age 26, Popovich became also convinced CBS to make a $25,000 Meat Davis,’’ his father continues, laughing. the youngest vice president of promotions Loaf promotional film for play in movie the- The photo was taken during Popovich’s ever at CBS Records (Columbia’s parent aters—a noval idea will before the video age. years as vice president of Polygram Nash- company). While there, he worked with the He also battled CBS to put the full force of ville, a position he took in 1986. label’s roster, including rising stars Bruce its marketing department behind the album. ‘‘I had been through a pretty intense di- Springsteen, Boz Scaggs and Chicago. He was ‘‘Adroit marketing propels Meat Loaf up the vorce . . . there had been a whole series of the first and youngest recipient of the Clive charts,’’ proclaims the Wall Street Journal misadventures, including coming out of hav- Davis Award for promotion (named for the in a 1978 front-page article that raved about ing one of the biggest acts in the world and legendary president of CBS Records), and for Popovich’s tactics. ending up with very little,’’ says Popovich two years in a row was named top promotion But though he may have been the biggest, about his decision to shut down Cleveland executive in the country by Billboard. Quite Meat Loaf wasn’t the only act on Cleveland International. ‘‘The reality of that set in, an accomplishment for a ‘‘hunky’’ International. The label was also home to and out of the blue an old friend of mine who (Popovich’s slang term for ethnics) from a Ellen Foley, Ronnie Spector and others; it took over Polygram in New York called and part of America most record execs not-so- was the management company for Ian said ‘hey, you want to have some fun,’ and I fondly dub ‘‘fly-over country.’’ Hunter. It was Popovich who convinced the was like, ‘I’m ready for that.’ ’’ Promoting artists led to signing artists E Street Band to back Hunter on his 1979 In typical Popovich fashion, he took Nash- when Popovich became head of A&R (artists You’re Never Alone With a Schizophrenic ville’s least successful label and built it into and repertoire) in 1974 at CBS subsidiary record, which includes the now infamous a powerhouse, signing Johnny Cash, Kris Epic. If his promotions career seemed re- ‘‘Cleveland Rocks.’’ Kristofferson and the Everly Brothers and markable, his time in A&R was even more LAWSUITS, TV SHOWS AND MEAT LOAF turning Kathy Mattea into a star. impressive. Popovich presided over the sign- ‘‘We were conveniently left out of it. Hey, In not so typical Nashville fashion, ing of Michael Jackson, Cheap Trick, Bos- people try to change history, but a fact’s a Popovich signed his old friend, Frankie ton, Ted Nugent and Southside Johnny & the fact,’’ says Popovich. Yankovic—whose 1986 Grammy Award-win- Asbury Jukes. He also helped Steubenville’s He’s referring to a recent VH–1 ‘‘Behind ning album, 70 Years of Hits he co-pro- Wild Cherry, of ‘‘Play that Funky Music the Music’’ show on Meat Loaf that failed to duced—to the label. Yankovic became a (White Boy)’’ fame, and Michael Stanley find mention of his role in the making of Mr. quick favorite in Nashville, selling out con- a home on Epic. (Decades later, Popovich Loaf. certs and recording one album, Live In Nash- helped another local band when he took a ‘‘It’s been well documented everywhere, ville. tape of Dink to Capitol Records head Gary the historical role the marketing of that But Popovich wasn’t a country boy for Gersh, who signed the band). record played, the fact that it had been [re- long. In 1993, he returned to Cleveland. Sales at Epic rose from $12 million to over jected by] three or four other labels before ‘‘My son wanted to go to Lake Catholic $100 million in three years under Popovich. we got it.’’ High School to play football and wanted to He credits this to his ability to look for art- Popovich says that when he found out the see more of his mother. My family’s up here, ists where other A&R pros never bothered. show was in the works, he called the presi- and I thought it was an opportune time to ‘‘Small-town America, I always try to rep- dent of VH–1, John Sykes, whom he had start another label.’’ resent that,’’ he says. ‘‘What’s going on with worked with when Sykes was a promotions It wasn’t long before he revived Cleveland the blue-collar people . . . those have always man for Columbia in Buffalo. International, this time in partnership with been the fans.’’ ‘‘I called him before it ran and said ‘John, Cleveland businessman and metalwork fac- Cleveland (International) rocks ‘‘Cleve- just tell the truth,’ and [the show] didn’t. tory owner Bill Sopko, a friend since the land, in fact, back then did rock,’’ says He’s the president of VH–1, he knows better.’’ ‘70s. Popovich, leaning forward in this chair, the When questioned about Popovich’s ab- ‘‘The concept was to try to find some new red sticker with the motto he brought to the sence, the producers of ‘‘Behind the Music’’ people that the big companies were not in- world looming on the window behind him. replied that ‘‘regrettably, in the course of terested in, to try to do something region- ‘‘Through it sounds really trite and old fash- telling a person’s life story, someone always ally,’’ says Sopko. ‘‘And he would keep his ioned to now even say the words ‘Cleveland feels left out.’’ Sykes did not return a call ears open and possibly pick another winner. rocks.’ ’’ asking for a comment. We’re still trying to accomplish that.’’ For Popovich, this wasn’t just a slogan. In Why the black out? Considering that the Since Cleveland International’s humble re- 1976, he and two other CBS Records execu- show was obviously sanctioned by Meat birth—it has a staff of two, including E482 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 Popovich, who often even answers the com- Steve, Jr., in chain-clad baggy jeans and a music-industry convention, in hopes of get- pany phone—the label has released 31 al- button-down Adidas shirt, pulls up his sleeve ting world licensing for the group. bums. to reveal the words Zivili Brace, Zivili Despite his connections, Popovich realizes The diversity of sounds is striking: Danish Sestra, a Serbo-Croatian saying meaning it’s not going to be easy to break Porn pop-rock from Michael Learns to Rock to roughly ‘‘to life brother, to life sister.’’ It’s Flakes or any other new band. The times Hanne Boel; a Browns protest compilation also the name of a polka by Johnny have changed since he started in the music called Dawg Gone; a Cockney folk duo called Krizancic. industry, and different rules now apply. Chas and Dave; the cast album from the Like father, like son. High-priced consultants who dictate touring Woody Guthrie American Song pro- A cliche´ perhaps, but a saying that rings playlists across the country rule contem- duction; Ian Hunter’s 1995 Dirty Laundry; true for the Popoviches. Nineteen-year-old porary radio, making a grassroots regional new releases from Polish polka king Eddie Steve, Jr. has just made his move into the push like the one used with Meat Loaf al- Blazonczyk; and the Grammy-nominated 1995 music world, in partnership with his father most impossible. And Cleveland is far from release by Frankie Yankovic and Friends, and the owners of Toledo-based punk-metal the music hub it was in the days when Songs of the Polka King. But it’s his return label Sin Klub Entertainment, Ed WMMS mattered. to his ethnic roots that Popovich is most ex- Shimborske and Michael Seday. The four ‘‘The problem is you have five major com- cited about. have just formed Grappler Unlimited, a sub- panies that control American radio. You ‘‘Maybe that’s what I’m supposed to do at sidiary of Cleveland International. have great local radio people still, people 56 years old. This is what I grew up with, so Unlike Our Heritage, this label has nothing like Walk Tiburski and John Lannigan. The maybe as you get older what you grew up to do with Popovich’s love for the Old World. people are here. The ownership unfortu- with becomes more important. Or maybe it’s It has everything to do with his love for the nately is not here, and the consultants for a reaction to the Sony-fication of the little boy who once stood talking to Johnny the most part are not based here. They live world,’’ he says. Cash and Hank Williams Jr. in Washington, D.C. or Texas and are adding This roots revival has led Popovich to cre- Steve, Jr. was a major reason Sin Klub records in Cleveland, Ohio.’’ ate Our Heritage . . . Pass It On, a mid- first caught his father’s attention. Seday Still, Popovich predicts a future when priced label he describes as ‘‘meant to reflect was dating Popovich’s daughter, Pamela. He radio might not matter that much. the ethnicity of Cleveland and the Midwest.’’ and Steve, Jr. became friends, and he took ‘‘Mushroomhead is not on the radio, and So far, the label features releases by Cleve- the younger Popovich to Toledo to see some they’re packing bars. People love it, and land crooner Rocco Scotti and the Here of Sin Klub’s bands, including a heavy rap- they still manage to attract a crowd. It’s be- Come the Polka Heroes compilation, and punk called Porn Flakes. yond that now going into the next century. Popovich plans to expand the variety of na- ‘‘Something just clicked, I was just drawn You don’t need A&R people now. If you be- tionalities represented on the subsidiary. to it,’’ says Steve, Jr. ‘‘It was like a disease. lieve in what you do, get somebody to put up He’s looking into working with Irish and It was catchy, it really was.’’ the money to press up a thousand records Latin music groups, and he recently assisted Steve, Jr. was so impressed with Porn and put them in stores in consignment. If Cleveland’s Kosovo Men’s Choir, a Serbian Flakes that he came back to Cleveland and, those records go away, get a thousand more. church group, in releasing a record on their at age 16, promoted his first show, a concert And then go on with your Website. You can own label that he may pick up for Our Herit- at the Agora featuring Porn Flakes, Fifth start that way. Then at some point you need age. Wheel, Cannibus Major and Cows in the to be seen at South by Southwest or one of But while his first reason for Our Heritage Graveyard. He also told his father about those New York gigs.’’ may be his love for the music, it’s not what he saw. Steve, Sr. began to take notice Popovich also has some forward thinking Popovich’s only impetus. ‘‘I’d like to see this of this young label that was taking the same ideas about Cleveland International. He’s break through, and I’d be the king of polka kind of regional marketing approach that he talking about starting an Internet radio sta- records. If Sony wanted to deal with polka had always practiced. tion and believes that to sell records you music, they’d have to come to me,’’ he says. ‘‘Popovich started putting his hand into need to get them into unorthodox places, He sees a real future in celebrating the [Sin Klub] and helping us out, giving us ad- like hotel lobbies and drug stores, not just past. vice. He was kind of like a father figure to mega-record stores. ‘‘There is a hunger for the Euro-ethnic. the label,’’ says Shimborske. ‘‘He helped ‘‘I need a person who is a head of sales who Whether it’s in books, music or videos. I’m throw his weight around a little, getting us has no rules, who can think into the next not saying on a titanic level at all, but some better shows.’’ century,’’ he says. Still, there are some troublesome factors. there’s something very interesting going ‘‘He admired the fact that we stuck it out ‘‘It’s a questionable time to be doing what on,’’ he says. for so long,’’ he says. ‘‘Plus, I think he need- I’m doing, given the fact that people can now To prove his point, he pops a video into the ed, or wanted, to kind of fill the void with make their own CDs and that there’s MP3,’’ VCR next to his desk. Groups of brightly his conglomeration of labels, as far as having says Popovich. ‘‘The industry’s going clad dancers emerge on the screen, doing a a younger, more cutting-edge sound. A fresh- through a lot of changes.’’ Croatian folk dance. er, alternative sound.’’ Popovich admits appealing to a younger So why start Grappler? ‘‘You have this group [The Duquesne Uni- ‘‘They’re kind of keeping me in balance,’’ versity Tamburitzans] in Pittsburgh, 35 born audience was a factor behind Grappler. ‘‘We established a certain kind of image he says. ‘‘There’s a whole new world of 19- and raised in America Euro-ethnic kids who year-olds out there who don’t necessarily go and do two hours shows to standing ova- for Cleveland International, and I got a little concerned when people would think it was love ’N Sync or Backstreet Boys or what tions and play all over the country. And then MTV is trying to shove down their throats. you go see them after the show, and they’re only a polka label,’’ he says. Grappler was finally formed in the fall of I’ve always loved that end of the business. wearing their Nine Inch Nails T-shirts.’’ ’98 with Porn Flakes as the first signing. Most of the artists I dealt with no one be- He pops in another video, and the screen is lieved in, in the beginning.’’ filled with polkaing twentysomethings. Though in some ways the new subsidiary has a loose, family feel—Shimborske’s parents That’s how he got all of those records on ‘‘He pops in another video, and the screen the wall. is filled with polkaing twentysomethings. help out with art and photo work, and ‘‘This goes on at Seven Springs on July 4th Popovich once took Frankie Yankovic to f Shimborske’s grandparents’ house for home- every year,’’ he explains, refering to an an- GOVERNMENT SHUTDOWN nual polka-fest held at the Pennsylvania ski made pierogis—all four partners are very se- resort. ‘‘I’m the oldest one there. rious. Seday and Shimborske, who still run PREVENTION ACT OF 1999 ‘‘They should get PBS in Pittsburgh down Sin Klub, are doing A&R and marketing. there. This is America, man. If I say polka, Steve, Jr. is doing promotions out of his fa- ther’s office. And Steve, Sr. is doing what he HON. GEORGE W. GEKAS people are like, ‘the p word’. . . but you see OF PENNSYLVANIA the ages of these dancers. The whole floor’s can to help without trying to run the show. ‘‘I don’t want my rules to apply to that IN THE HOUSE OF REPRESENTATIVES going nuts. ‘‘We need someone with a TV camera. label. It’s whatever they feel people their age Thursday, March 18, 1999 want. These are three pretty talented guys Someone interviewing these people about Mr. GEKAS. Mr. Speaker, yesterday, the the history of this thing and why they love who know the music business,’’ he says. ‘‘They’re real passionate, and that’s the key NFL owners approved the use of an ``instant this. They don’t hear it on the radio, they replay'' system to review controversial calls in don’t see it on TV, they don’t see it on movie word.’’ ‘‘Cleveland International funded it. I try to theaters, but it stays alive. Why? It’s an un- football games. Well, it looks like the NFL is stay in the background and bring these guys derground thing and has been for the greater one step ahead of Congress. The Government along with what contacts I have.’’ part of this century. That’s what I love Shutdown Prevention Act would be an ``instant So far this has meant making calls to about it.’’ radio stations on the label’s behalf and tak- replay'' for the budget, so there is never a NEW WORLD ing the label’s product to conventions. This threat of a shutdown as the clock ticks down ‘‘Show her your tattoo, Pop,’’ says Steve week, Popovich, his son and Seday have on the fiscal year. There have been innumer- Popovich to his son, using the nickname taken Porn Flakes product to the Midem able ``controversial calls'' as budget negotia- they call one another. conference in France, the world’s largest tions have stalled and even completely broken CONGRESSIONAL RECORD — Extensions of Remarks E483 down. The Government Shutdown Prevention I will continue my work in Congress to repeal than ever in this century. But what it is is Act allows appropriators to finish their work as the Jones Act and assure a more efficient and insidious, entrenched, tenacious. Until the funding levels automatically continue at the cost-effective system for transporting agricul- day when there will be need for an ACLU or an ACRU . . . it is constructive that we now rate of the previous year: an ``instant replay'' tural goods to market. have both. that allows the Government to operate until a f budget agreement is reached. An ``instant re- f TRIBUTE TO THOMAS FERNANDEZ play'' that allows senior citizens to get their so- AFL–CIO MAKES GOOD SENSE ON cial security checks on time, allows veterans TRADE to receive their benefits, and keeps federal HON. HEATHER WILSON workers on the job during budget negotiations. OF NEW MEXICO HON. BARNEY FRANK I'd say Congress ought to take a page out of IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS the NFL play book and pass H.R. 142, the Thursday, March 18, 1999 IN THE HOUSE OF REPRESENTATIVES Government Shutdown Prevention Act. Mrs. WILSON. Mr. Speaker, I wish to bring f Thursday, March 18, 1999 to your attention an award won by Thomas Mr. FRANK of Massachusetts. Mr. Speaker, MY COMMITMENT TO REPEALING Fernandez, a 12-year-old resident of our great one of the most important issues on which THE JONES ACT community, Albuquerque, NM. Thomas many of us are now working is to forge poli- Fernandez is the 1999 BMX Grand National cies which allow us to get the benefits of the HON. BOB SCHAFFER Champion for his age group. global mobility of capital while dealing with the Thomas began competing when he was 41¤2 OF COLORADO negative impacts that accompany that move- years old. He has more than 200 trophies dis- IN THE HOUSE OF REPRESENTATIVES ment of money throughout the world in the ab- played at his family's home in Barrio de Thursday, March 18, 1999 sences of sensible, humane public policies. Duranes. This is the second time Thomas has No organization in America has done as Mr. SCHAFFER. Mr. Speaker, American ag- taken this prestigious national title. The first much to articulate the important, principles ricultural producers today do not have access time was in 1992 at the age of 6. that we need to follow in this regard than the Please join me in recognizing this achieve- to domestic deep-sea transportation options AFL±CIO, and the statement on Trade and ment of Thomas Fernandez and wish him con- available to their foreign competitors. There Deindustrialization issued by the AFL±CIO's tinued success. are no bulk carriers operating on either coast executive Council last month is an excellent of the United States, in the Great Lakes, nor f presentation of this problem. A significant out to Guam, Alaska, Puerto Rico, or Hawaii. OPPOSING COMMUNISM number of us here in the House believe that This places Colorado producers at a competi- unless we are able to embody these principles tive disadvantage because foreign producers HON. TOM DeLAY in legislation, the chances of adopting further are able to ship their products to American trade legislation will be substantially dimin- OF TEXAS markets at competitive international rates ished, an support for international financial in- IN THE HOUSE OF REPRESENTATIVES whereas U.S. producers are not. stitutions will be similarly negatively affected. Colorado agricultural producers also need Thursday, March 18, 1999 Because the AFL±CIO does such a good job access to deep-sea transportation options be- Mr. DELAY. Mr. Speaker, I commend the of spelling out the approach that is economi- cause other modes of transportation are often following remarks given by Paul Harvey in a cally, morally and politically called for in deal- expensive, unpredictable, or unavailable. The radio broadcast on March 16, 1999 to my col- ing with the international economy, I ask that rail car shortage we experienced in 1997 leagues. the Council's statement be printed here. could have been averted if just 2% of domes- TRADE AND DEINDUSTRIALIZATION tic agricultural production could have traveled [Excerpt from Paul Harvey News, March by ocean-going vessel. With continued record 16, 1999] The financial crisis that began in Asia When Communism was threatening to take more than a year-and-a-half ago continues harvests anticipated across our state, the bot- over the world there were Americans with di- and spreads. The countries hit first struggle tlenecks and congestion on rail lines could vided allegiance. Communists had infiltrated to recover, and new countries succumb to easily happen again. This raises rail rates to some high places into the United States. A the contagion. Millions of workers have lost artificially high levels at a time when com- lean young traitor was able to walk out of their livelihoods in the crisis countries and modity prices are already depressed. This in the Supreme Court building with two char- hunger and poverty have grown alarmingly. turn raises the costs of production, lowers in- acter references in his briefcase. The United States is not immune, and many come, and makes it more difficult for Colo- In Hollywood individuals suspected of com- American workers are already paying a high munist sympathies were blacklisted. Some price for global turmoil. rado's producers to compete against sub- were denied employment for years. Less well It is clear that the crisis is neither tem- sidized foreign products. known is the Hollywood blacklist of ANTI porary, nor easily fixed. The cause of the cri- The reason there are no domestic bulkers communists and this one still exists. sis is systemic, and solutions must go available to agriculture shippers is because of March 21, next Sunday; in Los Angeles, straight to the heart of a global trade and in- an outdated maritime law, known as the Jones California at the Dorothy Chandler Pavilion vestment regime that is fundamentally Act, which as passed in 1920 in an effort to there will be a ceremony of support for the flawed. Deregulated global markets, whether strengthen the U.S. commercial shipping fleet. actors and actresses who have been for capital and currencies, or for labor and This law mandates any goods transported be- blacklisted because they dared oppose com- goods, are not sustainable. They produce munism. Adolph Menjou, Elia Kazan, and speculative, hot money explosions and a re- tween two U.S. ports must travel on a vessel recognition for his red-white and blue col- lentless search for lower costs that devastate built, owned, manned, and flagged in the leagues: Writer Jack Moffitt, Richard Ma- people, overturn national economies and United StatesÐno exceptions. The domestic caulay, Morris Ryskind, Fred Niblo, Junior. threaten the global economy itself. The so- fleet has languished under the Jones Act be- Albert Mannheimer who dared fight com- called Washington consensus on ‘‘economic cause it is prohibitively expensive to build new munists within the Screen Actors Guild. reform’’—trade and investment liberaliza- ocean-going vessels in U.S. shipyards. Most of these who opposed communism tion, privatization, deregulation, and ex- Only two bulkers have been built in U.S. never worked in Hollywood again. They rep- treme austerity—is a recipe for instability, shipyards in the last 35 years, which has left resent the ‘‘other blacklist.’’ And it is not social strife, environmental degradation, and limited to Hollywood. growing inequality, not long-term growth, our country with the oldest fleet in the industri- All media include some whose patriotism development, and broadly shared prosperity. alized world. To contract for a new ship would is diluted and to whom anybody consistently The combination of the global financial cost an American operator over three times on the right is anathema. They hated crisis and long-term trends in trade and in- the international non-subsidized rate, almost Reagan and still do. vestment have inflicted deep wounds in the assuring no new bulkers are built in the United Such is the ‘‘new discrimination’’ a new or- U.S. manufacturing sector. The United States. ganization has taken root to protect the States has lost 285,000 manufacturing jobs At a time when we should be fighting ever civil rights of the American right. The since March of 1998. Trade-related job loss harder to open foreign markets, reduce unnec- American Civil Rights Union chaired by Rob- will likely grow in 1999, as the trade deficit ert Carlson and with a board comprised of in goods is projected to climb from about essary costs and regulatory burdens, and pro- Bob Bork, Linda Chavez, Ed Meese, Joe Per- $240 billion in 1998 to close to $300 billion this mote sales of American products, we should kins, Ken Tomlinson. year. not be imposing artificial costs and burdens on In my professional experience there is This trade imbalance is accelerating indus- Colorado's hardworking agriculture producers. less—left-right—polarization in our nation trialization in a broad array of industries— E484 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 steel, textile, apparel, auto, electronics, and be the victims of international financial col- WOMEN’S BUSINESS CENTER aerospace. No region has escaped the ravages lapse. AMENDMENTS ACT OF 1999 of the crisis.The impact is not only job loss, Fast track—the traditional approach to but also the quality and composition of jobs, trade negotiating authority—has been deci- SPEECH OF and therefore the distribution of income. De- sively rejected by Congress and the Amer- spite the recent growth in wages, the typical ican people. Trade negotiations are increas- HON. SHEILA JACKSON-LEE American worker’s real hourly compensation ingly complex, and Congress must have a OF TEXAS is lower today than it was almost a decade IN THE HOUSE OF REPRESENTATIVES ago—even as productivity grew by 9 percent. stronger consultative role. Congressional We must address these problems by insist- certification that objectives have been met Tuesday, March 16, 1999 at each stage must be required before the ne- ing upon a set of principles that will guide Ms. JACKSON-LEE of Texas. Mr. Speaker, our trade, investment, and development poli- gotiations can proceed. Both the process of cies at home and in all of the multilateral negotiation and the international institu- I rise today in support of H.R. 774, the Wom- fora. We will strenuously oppose any new tions that implement these agreements need en's Business Center Amendments Act. This trade or investment agreements that do not to be more transparent and accessible to bill increases the authorization for the Wom- reflect these principles, and we will work to non-governmental organizations. en's Business Center Program from $8 million remedy the deep flaws in our current poli- We need to address the problems faced by to $11 million in FY 2000. cies. developing countries more directly, by offer- I support this bill because the Women's First, excessive volatility in international ing deep debt relief and development funds Business Centers are instrumental in assisting flows of goods, services, or capital must be as part of an overall program of engagement women with developing and expanding their controlled. Countries must retain the ability to regulate the flow of speculative capital in and trade. Trade preferences linked to im- own businesses. The Centers provide com- order to protect their economies from this proved labor rights and environmental prehensive training, counseling and informa- volatility. standards change the financial incentives for tion to help women succeed in business. Second, we must not allow international countries seeking market access and in- Women are starting new businesses at trade and investment agreements to be tools creased foreign direct investment; debt relief twice the rate of men and own almost 40 per- which businesses use to force down wages and aid can help provide the resources nec- cent or 8 million of all small businesses in the and working conditions or weaken unions, essary to implement higher standards. United States. Women of color own nearly one here or abroad. The U.S. government needs to address the in eight of the 8 million women-owned busi- Third, we need to pay more attention to problems of chronic trade imbalances and the kind of development we aim to encour- nesses or 1,067,000 businesses. offset agreements, whereby U.S. technology age with our trade policy. Our current poli- Women start businesses for a variety of rea- and jobs are traded for market access. cies reward lower barriers to trade and in- sons. With the recent spate of corporate vestment, and encourage developing coun- But before Congress and the Administra- downsizing in large companies and the var- tries to dismantle domestic regulation. tion craft fundamentally different trade poli- ious changes in the marketplace, small busi- These policies encourage developing coun- cies, we must take urgent steps to fix prob- nesses are becoming a vital part of the eco- tries to grow by tapping rich export markets lems in our current trade agreements. nomic stability of the country. abroad, while keeping wages low at home. NAFTA has been in place for five years now Women often start businesses because they This focus on export-led growth short- and has been a failure. changes developing countries and places want flexibility in raising their children, they We must strengthen the labor rights pro- undue burden on our market. want to escape gender discrimination on the As Congress considers trade initiatives this tections in NAFTA, so that violations of job, they hit the glass ceiling, and many desire year, and as the Administration prepares to core labor standards come under the same to fulfill a dream of becoming an entrepreneur. strict dispute settlement provisions as the host the World Trade Organization (WTO) We should encourage this current trend of business-related aspects of the agreement. ministerial in November, they must adhere women-owned businesses by supporting the rigorously to these principles. This requires We must renegotiate the provisions on Women's Business Center Amendment appro- that: cross-border trucking access. It is clear that The U.S. government must radically reor- priation. fundamental safety issues are far from being The Women's Business Centers offer der its priorities, so that our trading part- satisfactorily addressed. The safety of our ners understand that enforceable worker highways must not be compromised for the women the tools necessary to launch busi- rights and environmental protection are es- sake of compliance with a flawed trade nesses by providing resources and assistance sential elements in the core of any trade and agreement. with the development of a new business. This investment agreements. Unilateral grants of includes developing a business plan, con- preferential trade benefits must also meet The safeguard provisions in NAFTA have proven ineffective in the cases of auto and ducting market research, developing a mar- this standard. The African Growth and Op- keting strategy, and identifying financial serv- portunity Act and the proposed extension of apparel imports, which have surged unac- NAFTA benefits to the Caribbean and Cen- ceptably since NAFTA’s implementation in ices. The centers also offer practical advice tral America fall far short and are unaccept- 1994. These provisions must be corrected. We and support for new business owners. able. must insist on an equitable sharing of auto- Access to this information is essential to We should strengthen worker rights provi- motive production among the three North success in small business. The Women's sions in existing U.S. trade laws and enforce American countries, so that all three coun- Business Centers provide a valuable service these provisions more aggressively and un- tries can benefit from growth in the North to aspiring entrepreneurs. ambiguously to signal our trading partners American market, as well as sharing in its I urge my colleagues to support this bill. that failure to comply will not be tolerated. downturns. And we must ensure that the in- f The U.S. government must enforce the vestment provisions of NAFTA, which grant agreements it is currently party to, before new powers to corporations in their disputes ASSISTING SOCIAL SECURITY DIS- looking to conclude more deals. China’s fail- with governments, are fixed and not used as ure to abide by the 1992 memorandum of un- ABILITY BENEFICIARIES IN a model for any future agreements. derstanding and the 1994 market-opening THEIR RETURN TO WORK: THE agreement must not go unchallenged, and In addition to fixing trade policy, we have WORK INCENTIVES IMPROVE- China’s recent jailing of trade unionists is to make sure that our policies toward invest- MENT ACT OF 1999 yet more evidence that WTO accession ment, development, taxation, and the inter- should be denied. Congressional approval national financial institutions support eco- should be required for China’s accession to nomically rational, humane, and worker- HON. ROBERT T. MATSUI the WTO. friendly rules of competition. We must OF CALIFORNIA Current safeguard provisions in U.S. law change the rules of the international econ- IN THE HOUSE OF REPRESENTATIVES are clumsy and ineffective. We must omy, not so we can have more trade, but so Thursday, March 18, 1999 strengthen and streamline Section 201 and we can build a better world, for working fam- the NAFTA safeguards provisions, so that we ilies here and abroad. Mr. MATSUI. Mr. Speaker, I am pleased to can respond quickly and effectively when im- join my colleagues in the introduction of ``The Finally, it is important to remember that port surges cause injury to domestic indus- Work Incentives Improvement Act of 1999.'' tries. Until this can be accomplished, we the United States has the right to withdraw from trade agreements to which it is a party. This legislation is designed to help Social Se- should be ready to take unilateral action to curity Disability Insurance and SSI bene- protect against import surges when nec- The U.S. government should undertake an essary. aggressive review of existing trade agree- ficiaries participate more fully in our nation's Immediate steps must be taken to address ments to determine whether they adequately economy. It provides new opportunities and the flood of under-priced imported steel com- protect U.S. interests or whether the U.S. new incentives for people with disabilities to ing into our market. U.S. workers must not should exercise its withdrawal rights. return to the work force. CONGRESSIONAL RECORD — Extensions of Remarks E485 The Work Incentives Improvement Act of tend Medicare coverage to 10 years for dis- balanced budgets and surpluses into the fu- 1999 enjoys widespread support. It has gath- ability beneficiaries who return to work. Sec- ture. ered bipartisan sponsorship in the House and ond, it would allow states to offer a Medicaid Budget autonomy will also help the District has already been approved by a bipartisan buy-in to people with disabilities whose in- government and the Financial Authority to re- majority in the Senate Finance Committee. comes would make them ineligible for SSI. form budgetary procedures by: (1) stream- Many, many beneficiaries urgently want to Taken together, these provisions offer peo- lining the District's needlessly lengthy and ex- return to work and to make the most of their ple with disabilities the support and the incen- pensive budget process in keeping with the talents and abilities, but they are simply un- tives they need as they strive to return to congressional intent of the Financial Authority able to do so for a variety of reasons. For in- work. Consequently, I hope Members of both Act to reform and simplify D.C. government stance, while people with disabilities possess parties will join me and the other sponsors of procedures, and (2) facilitating more accurate the clear desire to work, they often require vo- the Work Incentives Improvement Act in en- budgetary forecasting. cational rehabilitation, job training, or some acting this innovative legislation this year and This bill would return the city's budget proc- other form of assistance in order to find a job in helping to improve the lives of people with ess to the simple approach passed by the and to hold that job over the long run. This bill disabilities, people who want to work and who Senate during the 1973 consideration of the would create incentives for providers of serv- want to contribute, even more than they al- Home Rule Act. The Senate version provided ices to offer necessary assistance and to stay ready do, to a brighter future for all Ameri- a simple procedure for enacting the city's involved with the individual to assure as he cans. budget into law. Under this procedure, the adjusts to the work force. f Mayor would submit a balanced budget for re- At a hearing before the Ways and Means view by the City Council with only the federal Social Security Subcommittee last week, the THE DISTRICT OF COLUMBIA payment subjected to congressional approval. General Accounting Office reported that the BUDGET AUTONOMY ACT OF 1999 Under the Constitution's District clause, of single most important barrier to work for peo- AND THE DISTRICT OF COLUM- course, the Congress would retain the author- ple with disabilities is the fear of loss of med- BIA LEGISLATIVE AUTONOMY ity to intervene at any point in the process in ical coverage. People with disabilities are dis- ACT OF 1999 any case, so nothing of the prerogatives and couraged from securing employment, as they authority of the Congress over the District lose not only their SSDI or SSI benefits but HON. ELEANOR HOLMES NORTON would be lost ultimately. A conference com- also their medical coverage if they are suc- OF THE DISTRICT OF COLUMBIA promise, however, vitiated this approach treat- cessful in returning to work. IN THE HOUSE OF REPRESENTATIVES This legislation would extend medical cov- ing the D.C. government as a full agency Thursday, March 18, 1999 erage for people with disabilities who wish to (hence the 1996 very harmful shutdown of the return to work. The bill that the House passed Ms. NORTON. Mr. Speaker, today I intro- D.C. government for a full week when the fed- last year by an overwhelmingly bipartisan mar- duce the District of Columbia Legislative Au- eral government was shut down). The Home ginÐthe Ticket to Work and Self-Sufficiency tonomy Act of 1999 and the District of Colum- Rule Act of 1973, as passed, requires the ActÐmade admirable progress in this regard. bia Budget Autonomy Act of 1999, continuing Mayor to submit a balanced budget for review But I believe we can, and should, do more. I a series of bills that I will introduce this ses- by the City Council and then subsequently to look forward to working with my colleagues on sion to ensure a process of transition to de- Congress as part of the President's annual the Commerce Committee to remove this bar- mocracy and self-government for the residents budget as if a jurisdiction of 540,000 residents rier to work. of the District of Columbia. The first provision were an agency of the Federal Government. Rather than maintain the current barriers to of the first bill in my D.C. Democracy Now se- The D.C. budget process takes much longer work, we should strive to facilitate the transi- ries, the District of Columbia Democracy 2000 compared to six months for comparable juris- tion back to the workforce for people with dis- Act (D.C. Democracy 2000), has already been dictions. The necessity for a Financial Author- abilities. Rather than penalize people with dis- passed and signed by the President as Public ity significantly extended an already uniquely abilities once they do return to work, we Law 106±1Ðthe first law of the 106th Con- lengthy budget process. Even without the ad- should ensure that they do not have to bear gress. This provision repeals the Faircloth at- dition of the Authority, the current budget proc- the costly burden of health insurance before tachment and returns power to the Mayor and ess requires the city to navigate its way they are able to do so. The Work Incentives City Council. through a complex bureaucratic morass im- Improvement Act accomplishes both those The Revitalization Act passed in 1997 elimi- posed upon it by the Congress. Under the cur- goals. nated the city's traditional, stagnant federal rent process, the Mayor is required to submit The Act would provide disability bene- payment and replaced it with federal assump- a financial plan and budget to the City Council ficiaries with a ``Ticket to Work,'' which could tion of escalating state costs including prisons, and the Authority. The Authority reviews the be presented to either a private vocational re- courts and Medicaid, as well as federally cre- Mayor's budget and determines whether it is habilitation provider or to a State vocational ated pension liability. Federal funding of these approved or rejected. Following this deter- rehabilitation agency in exchange for services state costs involve the jurisdiction of other ap- mination, the Mayor and the City Council such as physical therapy or job training. The propriations subcommittees, not the D.C. ap- (which also holds hearings on the budget) ``Ticket to Work'' would afford SSDI and SSI propriations subcommittee. Yet, it is the D.C. each have two opportunities to gain Authority beneficiaries a much greater choice of pro- subcommittee that must appropriate the Dis- approval of the financial plan and budget. The viders and would thus enable them to match trict's own locally-raised revenue derived from Authority provides recommendations through- their particular needs with the capacities of pri- its own taxpayers before that money can be out this process. If the Authority does not ap- vate entities or public agencies more readily. used by the District government. My bill cor- prove the Council's financial plan and budget Moreover, the Ticket program would spur pro- rects an untenable position whereby a national on second review, it forwards the Council's re- viders, both public and private, to offer the legislature appropriates the entire budget of a vised financial plan and budget (containing the most effective services possible, since, under local city jurisdiction. The District of Columbia Authority's recommendations to bring the plan the Ticket program, providers share in the Budget Autonomy Act would allow the District and budget into compliance) to the District savings to government that arise when a SSDI government to pass its own budget without government and to the President. If the Au- or SSI beneficiary returns to the workforce and congressional approval. thority does approve the budget, that budget is no longer receives benefit payments. Congress has put in place two safeguards then sent to the President without rec- The Work Incentives Improvement Act that duplicate the function of the appropriation ommendations. The proposed District budget would also help to remove the most formi- subcommitteesÐthe Chief Financial Officer is then included in the federal budget, which dable obstacle that people with disabilities (CFO) and the District of Columbia Financial the President forwards to Congress for consid- face in returning to workÐthe loss of their Responsibility and Management Assistance eration. The D.C. subcommittees in both the health care coverage. Last year's House- Authority (Financial Authority). Today, how- House and Senate review the budget and passed bill would have extended Medicare ever, the District has demonstrated that it is present a Chairman's mark for consideration. coverage for an additional two years beyond capable of exercising prudent authority over its Following markup and passage by both current law for individuals who leave the dis- own budget without help from any source ex- Houses, the D.C. appropriations bill is sent to ability rolls to return to work. The Work Incen- cept the CFO. In FY 1997, the District ran a the President for his signature. Throughout tives Improvement Act that I am introducing surplus of $186 million. Last year, the District's this process the bill is not only subject to con- today would build upon the foundation laid last surplus totaled $444 million, and the city gov- siderations of fiscal soundness but individual year in a number of ways. First, it would ex- ernment is scheduled to continue to run political considerations. E486 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 This procedure made a bad budgetary proc- local legislation and the need to pass emer- cluding the Modesto Symphony Guild's Holi- ess much worse causing me to write a con- gency and temporary legislation to keep the day Overture, the American Diabetes Associa- sensus budget provision in the President's Re- District functioning. tion of Stanislaus County's The Great Caper; vitalization Act that allows the parties to sit at Since the adoption of the Home Rule Act in the Opening Night Gala for the Central Cali- the same table and write one budget. Even 1973, over 2000 acts have been passed by fornia Art League's Spring Show, the Bishop so, instead of that budget becoming law then, the council and signed into law by the Mayor. of Stockton's Celebration of Charity; An the District remains without a budget for Only thirty-nine acts have been challenged by Evening Starring Loretta Young for the benefit months, often after the beginning of the fiscal a congressional disapproval resolution. Only of the Sisters of the Cross Convent; the year. three of those resolutions have ever passed YMCA of Stanislaus County's An Autumn Af- Under the legislation I introduce today, the the Congress and two involved a distinct fed- fair; and the Fashion Show for the benefit of District of Columbia still remains subject to the eral interest. Two bills to correct for any fed- St. Stanislaus School. full appropriations process in the House and eral interest, rather than a hold on 2000 bills, A native of Modesto, in my district in Califor- Senate for any federal funds. Nothing in this would have served the purpose and saved nia's great Central Valley, Marie attended Lin- bill diminishes the power of the Congress to considerable time and money for the District coln Elementary, Roosevelt Junior High, and ``exercise exclusive legislation in all cases and the Congress. Modesto High School. She is a graduate of whatsoever'' over the District of Columbia I ask my colleagues who are urging the Dis- the College of Notre Dame and taught in the under Article I, section 8, clause 17 of the trict government to pursue greater efficiency San Francisco school system before her mar- U.S. Constitution should it choose to revise and savings to do your part in giving the city riage to Bob. Marie is an accomplished pianist what the District has done concerning locally the tools to cut through the bureaucratic maze and studied under Bernhard Abramowitsch at raised revenue. Nothing in this legislation pre- the Congress itself has imposed upon the Dis- the University of California/Berkeley. vents any Member of Congress from intro- trict. Congress has been clear that it wants to Mr. Speaker, Marie Gallo exemplifies the ducing a bill that addresses her specific con- see the D.C. government taken apart and put finest spirit of voluntarism and selfless dedica- cerns regarding the District. The Congress back together again in an effort to eliminate tion. I am proud to represent her in the Con- should grant the District the power to propose redundancy and inefficiency. Congress should gress and ask that my colleagues rise and join and enact its own budget containing its own therefore eliminate the bureaucracy in D.C. me in honoring her. revenue free from Congressional control now that Congress is solely responsible for by f during the period when the Authority is still the granting the city budgetary and legislative au- monitoring mechanism providing an important tonomy. TRIBUTE TO JACOB H. ‘‘BUD’’ incentive to help the District reach budget Only through true budgetary and legislative BLITZER balance and meaningful Home Rule. autonomy can the District realize meaningful The second bill I introduce today, the Dis- self-government and Home Rule. The Presi- HON. BRAD SHERMAN trict of Columbia Legislative Autonomy Act of dent and the Congress took the first step in OF CALIFORNIA 1999, eliminates the congressional review pe- relieving the District of costly escalating state IN THE HOUSE OF REPRESENTATIVES riod of 30 days and 60 days respectively, for functions in the Revitalization Act. This bill Thursday, March 18, 1999 civil and criminal acts passed by the D.C. City takes the next logical step by granting the Dis- Council. Under the current system, all acts of trict control over its own budgetary and legisla- Mr. SHERMAN. Mr. Speaker, I rise today to the Council are subjected to this Congres- tive affairs. I urge my colleagues to pass this pay tribute to the memory of Jacob H. ``Bud'' sional layover period. This unnecessary and important measure. Blitzer. Bud was a man of integrity and tre- undemocratic step adds yet another unneces- f mendous resilience, who used his creativity, sary layer of bureaucracy to an already over- intelligence, humor, and a sense of fairness to burdened city government. HONORING MARIE THERESE navigate through a life of great challenges. My bill would eliminate the need for the Dis- DAMRELL GALLO A victim of polio at age 27, BudÐnever one trict to engage in the byzantine process of en- for self-pityÐbecame a successful business- acting emergency and temporary legislation HON. GARY A. CONDIT man, consultant, educator, mentor, and all concurrently with permanent legislation. The OF CALIFORNIA around mensch. Most important to him were Home Rule charter contemplates that if the IN THE HOUSE OF REPRESENTATIVES the relationships he cultivated with family, District needs to pass legislation while Con- friends, the I Have a Dream Foundation, and Thursday, March 18, 1999 gress in out of session, it may do so if two- the many people fortunate enough to know thirds of the Council determines that an emer- Mr. CONDIT. Mr. Speaker, I rise today to him. gency exists, a majority of the Council ap- honor Marie Therese Damrell Gallo in recogni- But, with his brother-in-law Len Milner, proves the law and the Mayor signs it. Emer- tion of her being awarded the Anti-Defamation founded Integrated Ceilings, Inc., specializing gency legislation, however, lasts for only 90 League's Torch of Liberty Award for the Cen- in innovative architectural custom ceiling de- days, which would (in theory) force the Coun- tral Pacific Region. Marie has established signs. He held many patents for designs which cil to the pass permanent legislation by under- standards for charity and voluntarism which have enhanced numerous office buildings, re- going the usual congressional review process are remarkableÐall the while, gaining the ad- tail stores, and homes. These innovations in- when Congress returns. Similarly, the Home miration and love of the many people who spired an entire industry of ceiling design. He Rule Charter contemplates that the Council have had the pleasure and enjoyment of work- ran his company with the highest standards of may pass temporary legislation lasting 120 ing with her. honesty, quality, and excellence. This commit- days without being subjected to the congres- I'm proud to report that first and foremost in ment was reflected by the employees of the sional review process, but must endure the Marie's life is an incredibly strong commitment company who were loyal and proud of their congressional layover period for that legisla- to her family. Marie married Bob Gallo in 1958 product and most of whom remained with the tion to become law. and together they have raised 8 children, and company throughout the entire time that Bud In actual practice, however, most legislation have 10 grandchildren. was its president and CEO. approved by the City Council is passed con- Yet while raising her family, Marie never for- But did not limit himself to his company. He currently on an emergency, temporary and got her commitment to her friends of her com- also served as a mentor for many young en- permanent basis to ensure that the large, rap- munity. In tribute to her many accomplish- trepreneurs as they began their businesses as idly changing city remains running. This proc- ments, Marie has also received the Liberty well as many people who were struggling with ess is cumbersome and inefficient and would Bell award from the Stanislaus County Bar As- the challenges of life. One notable example be eliminated by my bill. sociation, the Standing Ovation Award from was Tom Greene of the T.A. Greene Co., of It is important to emphasize that my bill the Modesto Symphony Guild, the Outstanding whom Bud was known to have said, ``I started does not prevent review of District laws by Women of the Year award from the Stanislaus out helping Tom, but in the end, it was he who Congress. The D.C. Subcommittee would con- County Commission for Women, and The helped me.'' tinue to scrutinize every piece of legislation Cross for the Church and the Pontiff Papal Bud was a jazz drummer in his youth, passed by the City Council if it wishes and to award from His Holiness, John Paul II. served as an officer in the Army Air Corps, change or strike that legislation under the ple- The diversity and breadth of her interests and was founder and president of the nary authority over the District that the Con- and concerns are amazing. She has been the Lightrend Co., prior to founding Integrated stitution affords to the Congress. My bill mere- founder and chairwoman of innumerable fund- Ceilings, Inc. An avid sailor and a jazz enthu- ly eliminates the automatic hold placed on raising events for charitable organizations, in- siast, a conversationalist par excellence, Bud's CONGRESSIONAL RECORD — Extensions of Remarks E487 greatest gift was to make each person he the formal study of music and the develop- I have some real concerns in these situa- spoke with feel special. ment of spatial reasoning skills in young chil- tions, and I believe we need to help our con- Our thoughts are with Bud's family: his wife dren. This past week new research from the stituents understand their benefits when they Dalia; children Jamie and Rob, along with his University of California at Irvine has under- are changed. The Wall Street Journal recently wife Donna; sisters Barbara and Susan and scored this link by showing children who take highlighted some of the information disclosure their husbands George and Len; grandchildren piano lessons and play with newly designed problems when companies change from a tra- Rebecca and Erica; two great grandchildren; computer software perform better on tests with ditional pension plan to a cash-balance plan. nieces and nephews and many friends who fractions and proportional math than students One particular situation involved a company were part of the extended family. not exposed to the piano lessons. who changed their plan and merely informed Mr. Speaker, distinguished colleagues, These findings are especially important the employees that a change had occurred. please join me in remembering a great friend when one considers that a grasp of fractions One 49-year-old employee decided to look and outstanding individual, Jacob ``Bud'' and proportional math is a prerequisite to into this further, because he was thinking Blitzer. math at higher levels, and children who do not about his retirement. He discovered that while f master these areas of math cannot under- he was not going to lose any benefits, he was stand more advanced math critical to high- also not going to accrue any benefits for sev- TRIBUTE TO THE LADY BULLDOGS tech fields. eral years under this new plan. It was only Music lovers like myself have long promoted through his efforts to learn more about it that HON. BARON P. HILL music education as a way to inspire creativity, he discovered this. OF INDIANA develop discipline, and cultivate an apprecia- Now, let me point out that it is not the em- IN THE HOUSE OF REPRESENTATIVES tion for the arts. Although we suspected gains ployer's fault, but the law's. That is why I have in cognitive development, today we have the joined with Senator MOYNIHAN in introducing Thursday, March 18, 1999 research to confirm it. I urge my colleagues to companion legislation to correct this problem. Mr. HILL of Indiana. Mr. Speaker, I rise review the research and encourage families The Pension Right to Know Act, H.R. 1176, today to honor the Women's Basketball Team and educators in their Congressional districts will require increased disclosure of information from New Albany High School. The Lady Bull- to make music education a priority. to employees about their pension plan. It dogs won the Indiana High School Athletic As- f would require an explanation to the employee sociation class 4A basketball championship as to how their pension plan will be affected last Saturday, completing a perfect season. EXPRESSING OPPOSITION TO DEC- by any plan change. It will require an indi- Congratulations go out to the entire team: LARATION OF PALESTINIAN vidual benefit statement for each employee Catrina Wilson, Jessica Dablow, Maria STATE showing how they, in particular, will be af- Rickards, Abigail Scharlow, Jessica Huggins, fected by this change. For some the change SPEECH OF Kennitra Johnson, Erin Wall, Amanda will be beneficial, but for others the change Sizemore, Lacy Farris, Noreen Cousins, An- HON. HOWARD P. (BUCK) McKEON could affect how they plan for the future. drea Holbrook, Regina Marshall, Brittany Wil- OF CALIFORNIA My colleagues, I believe we need to protect liams, and Jihan Huggins. IN THE HOUSE OF REPRESENTATIVES our constituents who may be expecting one I also wish to congratulate: the team's Tuesday, March 16, 1999 thing, and then receive something very dif- coach Angie Hinton, her assistant coaches ferent. As employers make changes from var- Mr. MCKEON. Mr. Speaker, I rise in support Denise Parrish, Paul Hamilton, Joe Hinton and ious retirement plans to cash-balance plans, of House Concurrent Resolution 24, which op- Katie Myers, team trainer Russ Cook, student employees are left not understanding what poses the unilateral declaration of Palestinian manager Melissa Fisher, the athletic director changes have been made to their retirement statehood. at New Albany Don Unruh, and school prin- plan. While the goal of achieving peace in the cipal Steve Sipes. We can help our citizens who are nearing Middle East has long been elusive, we have in The Lady Bulldogs are the pride of southern retirement and thinking about their retirement recent years seen progress where Israelis and Indiana. I join their families, friends, class- savings programÐand we can help them to Palestinians have come to the negotiating mates and community in celebrating their understand. table to discuss their differences. This negoti- great accomplishment. Mr. Speaker, let us do what we can to help ating process should continue to be respected f employees understand their options. as the best means for Israelis and Palestin- Let us work together. Let us solve this prob- RECOGNIZING THE IMPORTANCE ians to maintain a constructive dialogue on lem, and let us solve it together. OF NEW RESEARCH SUPPORTING fundamental issues of concern. Unilateral ac- f THE BENEFITS OF MUSIC EDU- tions that circumvent this process will only pro- APPRECIATION OF THE HONOR- CATION long potential solutions to the conflicts which have caused great harm to Arabs and Jews in ABLE IMATA KABUA, PRESIDENT Israel. OF THE REPUBLIC OF THE MAR- HON. BOB SCHAFFER Approving the resolution before use today SHALL ISLANDS OF COLORADO will convey an important message that the IN THE HOUSE OF REPRESENTATIVES United States support continued negotiations HON. ROBERT A. UNDERWOOD Thursday, March 18, 1999 as the best means to create lasting peace in OF GUAM IN THE HOUSE OF REPRESENTATIVES Mr. SCHAFFER. Mr. Speaker, I rise today a region where so much blood has been shed. to recognize the importance of new research f Thursday, March 18, 1999 supporting the benefits of music education. THE PENSION RIGHT TO KNOW Mr. UNDERWOOD. Mr. Speaker, last month The arts as an academic discipline have ACT I was privileged to travel with the House Re- long been seen as an essential component of sources Congressional Delegation to the Pa- education. Recent scientific studies confirm HON. JERRY WELLER cific Insular areas. Chairman DON YOUNG what teachers of old have always knownÐ should be commended for providing this op- OF ILLINOIS music and the other arts stimulate higher brain portunity to Resource Committee members to IN THE HOUSE OF REPRESENTATIVES function. Music education has been shown to educate themselves on the issues that con- elevate test scores in other subjects, particu- Thursday, March 18, 1999 front the people of Guam, American Samoa, larly math. The Statement of Principles is an Mr. WELLER. Mr. Speaker, do we not have the Commonwealth of the Northern Mariana important document; it outlines seven basic a responsibility to help our constituents under- Islands and the Republic of the Marshall Is- concepts that, if followed, will maximize the stand their benefits? As a large portion of to- lands. In this regard our trip was a success benefits of arts education for all children. I en- day's population is nearing retirement, em- and I hope that my colleagues who were fortu- tered these same Statements into the CON- ployer-sponsored retirement plans have in- nate to join the Young CODELÐRep. DANA GRESSIONAL RECORD on September 10 so my creased in importance. And many people do ROHRABACHER, Rep. JOHN DOOLITTLE, Rep. colleagues might have a chance to review not understand their benefits. It is an even COLLIN PETERSON, Rep. KEN CALVERT, Rep. them. greater problem when an employer unilaterally ENI FALEOMAVAEGA and Rep. DONNA CHRIS- Mr. Speaker, there is a growing body of re- changes that plan, and minimal explanation is TIAN-CHRISTENSENÐhave gained a better un- search demonstrating a causal link between given. derstanding of Pacific Insular issues. E488 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 I would like to extend my appreciation to the lutions, and this parliamentary body’s Again Mr. Speaker, I commend the following people and leaders of each destination that shared appreciation of the points so elo- column to the attention of all interested par- quently stated in H. Con. Res. 92. ties. the Young CODEL visited for their warm wel- The RMI Government looks forward to en- come and island hospitality. In my remarks gaging the U.S. Government in productive [From the Wall Street Journal, Mar. 16, 1999] today I would like to submit, for the record, the discussions to address certain provisions of THE ROAD TO DOW 10,000 statement of the President Imata Kabua of the the Compact of Free Association. Our des- (By Lawrence Kudlow) Republic of the Marshall Islands. I want to ex- ignated negotiator is ready to meet with The Dow Jones Industrial Average stands press my gratitude for his collaborative efforts your designee to begin our discussions as at the threshold of yet another milestone, on behalf of his country to advance the eco- soon as possible. It is our hope that you can this time 10,000. Meanwhile the longest con- nomic, educational, social and political needs encourage the Administration to expedite tinuous prosperity in the 20th century, begun the appointment of the U.S. chief negotiator of his people. in late 1982 and, interrupted only by a short so we can begin this dialogue. and shallow recession in 1990–91, continues I also want to take this opportunity to state In advance of the upcoming Compact nego- apace. These facts are worth pondering, for a that I share President Kabua's desire for the tiations, our government would like to work proper understanding of them can instruct closely with your Committee, the Members House Resources Committee and the Con- us toward the best future economic policy. gress to work closely in the renegotiations of of the U.S. Congress and the U.S. govern- The current stock market boom began in the Compacts of Free Association with the ment to address some outstanding issues mid-1982 and is now the second longest in the United States which will commence later this that need to be resolved, specifically the century, exceeded only by the post-war 1949– ‘‘changed circumstances’’ issue provided for 68 cycle. Since August 1982 the Dow Jones year. I am hopeful that all issues can be ad- in Section 177, Article IX of the Compact and dressed in the renegotiations and that con- average has appreciated 1,095%, or 615% in concerns we have surrounding Section 111(d). inflation-adjusted terms. The economy has The first Compact has taught us that the cerns of all affected parties will be taken into posted a 3.2% yearly real rate of increase, relationship works and that its continuation consideration. while real corporate profits have expanded is important to both nations. The second STATEMENT OF PRESIDENT IMATA KABUA by 6% annually. Thirty-nine million net new Compact challenges us to think about the jobs have been created, largely from nearly U.S. CODEL MEETING WITH PRESIDENT KABUA most appropriate and effective means to 11 million new business start-ups. AND HIS CABINET, FEBRUARY 20, 1999 build on our mutual security and economic Roughly $25.7 trillion of new household Chairman Young, Members of the CODEL, and social needs. wealth has been created, according to the staff, friends: It is indeed an honor and a I would also like to make the CODEL Federal Reserve. Long-term Treasury bond pleasure for me to welcome you to the Re- aware of some of the positive actions the yields, they key discount rate used to cal- public of the Marshall Islands. After your RMI government has undertaken. We have culate the net present value of future cor- long flight, I trust that you now have a bet- initiated major reforms and taken concrete porate earnings, have dropped to 5.5% from ter understanding of the vast distance of steps to ensure progress in our nation-build- roughly 15%. Inflation has fallen to almost ocean and land that we cover every time we ing efforts. zero from nearly 11%, even while the unem- visit you in Washington, DC. Over the past five years, we have success- ployment rate has dropped to 4.4% from 11%. The people and government of the Marshall fully streamlined government, created an en- PESSIMISTIC GURUS Islands have long considered the United vironment conducive for private sector and Yet since 1982 most economic and invest- States our close friend and ally. Our nations foreign investment and have taken impor- ment gurus have preached pessimism. For 17 share commitments to freedom, democracy, tant steps in building our nation’s infra- years they have told the public that neither world peace and well-being for all peoples. structure to sustain economic growth and the bull market nor the prosperity can last, These shared commitments are enshrined in prosperity. because of budget deficits, trade deficits, the Compact of Free Association, the U.S. These efforts are empowering our people to savings shortfalls, high real interest rate, ca- Public Law that joined our nations in the participate in the world economy. We strong- pacity constraints, inadequate productivity, strategic alliance. ly believe that our continued partnership subpart real wages, inflation threats, Philips As the President of the Marshall Islands, I will assist us in meeting the challenges of curves, market bubbles, income inequity, can assure you that our nation is seriously the next century. The RMI has also been aggressively work- Asia, Russia and a variety of other reasons. committed to strengthening our mutually Yet the experts have been proved wrong; beneficial partnership. ing with other mutual allies in the Pacific region. We have established strong diplo- optimism has prevailed. Actually, the stock Critical to our strategic partnership is our market itself is a much better measure of continued hosting of the already expanded matic ties with many of our neighbors and mutual friends. These efforts are beginning economic progress than a barrelful of gov- military testing facilities on Kwajalein ernment statistics. Market prices reflect the Atoll. I would be remiss if I failed to commu- to pay tremendous benefits in the form of economic assistance and private sector in- collective judgment of millions of profit- nicate to you that our relationship with the seeking individuals who buy and sell each U.S. military is the strongest it has ever vestment. At this time, I want to welcome you and to day based on their expectations of future been. We continue to work closely with the wealth creation. Department of Defense to enhance the mili- extend my deep appreciation for this visit. I hope you return to Washington knowing that Why has the outlook for wealth improved tary’s important efforts on the atoll and in so dramatically? In a word, freedom. Free- the region. the Marshallese people are your friends and allies. We want you to enjoy yourselves dom creates wealth, and wealth boosts stock Chairman Young, I want to personally prices. Economic freedom was decisively re- thank you and the members of your Com- while you are here and to take in our island hospitality and beauty. stored by policies launched during the 1980s. mittee for your efforts at extending to the This led to a revival of the risk-taking and Marshall Islands the assistance that honors f entrepreneurship that is so vital to a dy- the objectives of the Compact. namic economy. Specifically, I want to thank you for ex- THE ROAD TO DOW 10,000 President Reagan’s policies, which are tending the Pell Grant to our students, pro- mostly still in place today, removed the bar- viding FEMA support to help us cope with HON. MICHAEL G. OXLEY riers to growth that made in 1970s the worst natural disasters and for continuing to rec- OF OHIO stock-market economy since the ’30s. Strong ognize the agricultural and resettlement IN THE HOUSE OF REPRESENTATIVES disinflation restored purchasing power and needs of the communities harmed the most reduced interest rates. In other words, the by the U.S. Nuclear Weapons Testing Pro- Thursday, March 18, 1999 ‘‘inflation tax’’ on money was repealed, Per- gram. These actions signal to the Marshall Mr. OXLEY. Mr. Speaker, I would like to sonal and corporate tax rates were slashed, Islands that the Untied States values our bi- bring a Wall Street Journal column by Law- providing new incentives for work and entre- lateral relationship. rence Kudlow to the attention of my col- preneurship. All vestiges of wage, price and Education remains our top priority along energy controls were eliminated, freeing up with health services for our people. We value leagues. The subject is the strength of the markets to allocate resources efficiently. the Federal programs and assistance in these stock market and the ongoing economic ex- Industry deregulation begun by President areas and assure you that accountability and pansion. Carter was services, airlines and later tele- proper administration will always be our The point of the piece is that sound eco- communications. Organized labor excesses main focus. nomic policy making begets solid economic were curbed. Antitrust activism was shelved. I also want to thank you for the resolution growth. Put more precisely, the absence of Free trade was expanded between the U.S. that Chairman Ben Gilman, Delegate Eni anti-growth policies allows free markets to and Canada. The two biggest periods of the stock mar- Faleomavaega and you introduced last Con- flourish. Economic freedom in the form of low gress. House Concurrent Resolution 92 stands ket’s current prosperity have been 1982–87, as a testimony to the success of the bilateral tax rates, deregulation, free trade, and re- when the industrial average moved up by relationship. strained government spending leads to in- roughly 219%, or 26.1% per year, and 1994 to In a few moments, you will be hearing creased private investment, low inflation and a the present, as the average has gained an- more about the Nitijela’s corresponding reso- booming national economy. other 172%, or 22.5% a year. In between the CONGRESSIONAL RECORD — Extensions of Remarks E489 market meandered, as Presidents Bush and currency. Politicians reacted by discrediting Whereas, the American people would be Clinton raised taxes and imposed regula- free-market economics; in its place, they better served by having the members of the tions. moved toward a regime of oversized govern- House of Representatives focus on issues and But a steadfast Alan Greenspan brought ment powers and diminished personal lib- matters before the Congress rather than con- the inflation rate down to virtually zero erty—a movement that was interrupted only stantly running a campaign; and today from roughly 5% at the beginning of briefly in the 1920s. Whereas, a biennial election of one-half of the 1990s. Along with bringing down interest From Theodore Roosevelt’s trustbusting to the members of the House of Representatives rates, this has sharply lowered the effective Wilson’s tax hikes, Hoover’s tariffs, FDR’s would still allow the American people to ex- tax rate on capital gains (which reflect infla- early entitlement programs, all the way to press their will every two years: Now, there- tion as well as real growth in the value of as- LBJ’s Great Society and Nixon’s funding of fore, be it sets) to about 30% from 80%, providing a tre- it, economic freedom suffered and prosperity Resolved by the members of the Ninety-Sixth mendous boost for the high-risk technology was sporadic. The century was filled with Legislature of Nebraska, First Session: investment that has become the engine of Keynesian nostrums that seldom delivered 1. That the Legislature hereby petitions our new information economy. In effect, Mr. the goods. the Congress of the United States to propose Greenspan’s disinflationary tax cut neutral- The dominant event of the late 20th cen- to the states an amendment to Article I, sec- ized the Bush-Clinton tax hikes. tury is the bull-market prosperity of the tion 2, of the United States Constitution The Republican Congress elected in 1994 1980s and 1990s. This was caused largely by a that would increase the length of the terms put an end to the high-tax and reregulatory shift back to free-market economics, a re- of office for members of the House of Rep- policies of Mr. Clinton’s first two years. Mr. duction in the role of the state and an expan- resentatives from two years to four years Clinton himself morphed into a middle-of- sion of personal liberty. At the turn of a new with one-half of the members’ terms expiring the-road president who signed a capital gains century, taking the right road will extend every two years. tax-rate cut, welfare reform, a balanced the long cycle of wealth creation and techno- 2. That official copies of this resolution be budget plan, the Mexican free-trade agree- logical advance for decades to come. By 2020 prepared and forwarded to the Speaker of the ment and other trade-expanding measures. the Dow index will reach 50000, and the 10000 House of Representatives and President of All these actions helped the stock market to benchmark will be reduced to a small blip on the Senate of the Congress of the United soar a large screen. States and to all members of the Nebraska delegation to the Congress of the United Meanwhile, information technology took f off. The capital gains tax cut and low inter- States, with the request that it be officially est rates intensified Schumpeterian gales of NEBRASKA LEGISLATURE CALLS entered in the Congressional Record as a me- creative destruction. Low interest rates cre- FOR FOUR-YEAR HOUSE TERMS morial to the Congress of the United States. ate much more patient investment money. 3. That a copy of the resolution be pre- Low discount rates also lead to high price- pared and forwarded to President William J. earnings multiples, something the stock HON. LEE TERRY Clinton. market understands even if its critics do not. OF NEBRASKA f The 1980s witnessed a technology surge, IN THE HOUSE OF REPRESENTATIVES based mainly on advanced computer chips, IN RECOGNITION OF THE FUTURE cellular telephones and personal computers. Thursday, March 18, 1999 LEADERS OF COLORADO In the 1990s all this was improved, but the Mr. TERRY. Mr. Speaker, on March 3, big push has come from innovative and user 1999, the Nebraska Unicameral Legislature HON. BOB SCHAFFER friendly software and Internet commerce. passed Legislative Resolution No. 10. The Though the government’s reports of gross OF COLORADO domestic product take little account of these resolution petitions Congress to amend the IN THE HOUSE OF REPRESENTATIVES Constitution to increase the terms of members developments, the stock market knows full Thursday, March 18, 1999 well how important these technologies will of the House of Representatives to four years. be to future earnings, productivity, real This is a matter that merits serious debate Mr. SCHAFFER. Mr. Speaker, I rise today wages, growth and wealth creation. and consideration. I call the text of the Resolu- to recognize the participants of my first annual In fact, a significant gap has opened be- tion to the attention of my colleagues, as fol- Young Adults Leadership Conference held in tween the performance of the Dow Jones In- lows: Weld County, Colorado. On February 27, dustrial Average, comprised mainly of old- NEBRASKA UNICAMERAL LEGISLA- 1999, 18 teenage students spent the after- economy companies, and the new-economy TURE, NINETY-SIXTH LEGISLATURE, noon participating in a political and networking Nasdaq. Since 1990 the Nasdaq has out- Lincoln, NE, March 4, 1999. performed the Dow by 271 percentage points. seminar. Later that evening the students uti- Hon. LEE TERRY, Over the past year, the Nasdaq has increased lized what they had learned at the Weld Coun- U.S. House of Representatives, 36%, while the Dow has gained only 16%. ty Republican Party Lincoln Day Dinner. Washington, DC. Amidst all the bull-market prosperity, an- I am honored to have met the following par- DEAR CONGRESSMAN TERRY: I have enclosed other starting development has occurred: the a copy of engrossed Legislative Resolution ticipants: Jeff Armour, Sara Asmus, Darrenn emergence of a new investor class. Numerous No. 10 adopted by the Nebraska Unicameral Call, DeaAnna Call, Donnell Call, Brady surveys report that roughly half of all Amer- Legislature on the third day of March 1999. Duggan, Kevin P. Duggan, Casey Johnson, icans own at least $5,000 worth of stocks, The members of the Legislature have di- Darrick Johnson, Trent Leisy, Tia McDonald, bonds and mutual funds. The investor class rected me to request that the petition be en- surely wishes to keep more of what it earns Jenny Moore, Christopher S. Ong, Mary Beth tered into the Congressional Record. Ong, Helena Pagano, Elizabeth Peetz, Tim- in order to bolster savings that can be in- Please feel free to contact me with any vested in high-return stocks. This is why un- othy Romig, and Jeff Runyan. questions you may have regarding Legisla- I established the Leadership Conference to limited universal individual retirement ac- tive Resolution No. 10. counts may be the sleeper tax issue of the With kind regards. encourage political participation by the young- next few years. Sincerely, er generation. At the conference, elected offi- Roth IRAs—which currently invest after- PATRICK J. O’DONNELL, cials and community leaders led the students tax deposits that will never be taxed again so Clerk of the Legislature. in discussing several different aspects of poli- long as the money is withdrawn at retire- Enclosure. ment—could be expanded to include redi- tics. Greeley Councilman Avery Amaya began the seminar with a discussion of local politics. rected Social Security contributions and NINETY-SIXTH LEGISLATURE, FIRST SESSION, Avery was followed by Bill Garcia, a political penalty-free withdrawals for health care in- LEGISLATIVE RESOLUTION 10 surance, education, home buying and em- consultant, who spoke about political polls. Whereas, members of and candidates for ployment emergencies. Lea Faulkner, a local media personality and the United States House of Representatives This might be the single most popular tax are elected every two years virtually requir- former Greeley City Council member, con- reform among the shareholder class. By ing continual campaigning and fundraising; ducted a hands-on learning experience about eliminating the double and triple taxation of and networking skills. The participants also had the saving and investment, this approach opens Whereas, the delegates to the 1788 Con- a back door to the flat tax, setting the stage opportunity to discuss issues with Colorado stitutional Convention discussed whether for future tax cuts, individual ownership of State Senator Dave Owen. Additionally, Anne the term of office for a representative should Social Security contributions and other free- Miller, Chairperson of the Colorado College be one year or three years and compromised market policies. Republicans invited the students to attend in on a two-year term; and OVERSIZED POWERS Whereas, communications systems and the College Republican's next meeting. What a difference a century makes. The travel accommodations have improved over I, too, had the honor of visiting with the stu- 1890s saw a painful and costly depression the last two hundred years which allows dents. We discussed the importance of good that was principally caused by government quicker and easier communication with con- communication and how all effective organiza- policies such as high tariffs and an inelastic stituents and more direct contact; tions must communicate well. E490 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 Mr. Speaker, I am proud to have met these the government,’’ rather than as a tool to District government. Last year, I spent ten young adults and am confident of their abilities fund needed capital expenditures. hours on the House floor defending the Dis- to lead America in the future. This select Such a concern was true to form. As a mi- trict's appropriation from anti-democratic at- nority member of the legislature for most all tachments, more of them seeking to impose group of young leaders has the integrity and his 28 years in the House—he was minority values needed to ensure a virtuous Colorado leader for six of them—Mr. Guest often found sexual orientation discrimination than any and United States in the next century. himself ‘‘chipping away’’ at the system in other type of attachment that was proposed f hopes that it would run better. Frequently, and passed. We must keep these and other this took the form of legislation that bore anti-gay provisions off this year's appropria- A VIRGINIA GENTLEMAN— witness to the needs of his constituents in tion. The right to adopt children or to qualify RAYMOND R. ‘‘ANDY’’ GUEST the northern Valley. He relished in his ef- for health insurance has everything to do with forts to make the bureaucracy respond to kids in need of homes or residents in need of these needs and to ‘‘see things get done.’’ health care, and nothing to do with the sexual HON. FRANK R. WOLF To be sure, Mr. Guest also will be remem- OF VIRGINIA bered for his courage in combating lym- orientation of our residents. The bigoted mis- IN THE HOUSE OF REPRESENTATIVES phatic cancer while maintaining a watchful chief done by Congress to the District in the Thursday, March 18, 1999 eye on the General Assembly’s proceedings name of homophobia has known no bounds. from his Richmond hospital bed. Thankfully, The city is now in court seeking to overturn Mr. WOLF. Mr. Speaker, I want to share he says his decision to leave the House is not the congressional attachment that prevents with our colleagues a recent editorial from The health-related, but simply predicated by a the release of the November ballot results de- Winchester Star which so eloquently speaks desire to attend to family and business inter- termining whether District residents who are ill about a true ``citizen-legislator,'' Raymond R. ests and to, as they say, ‘‘smell the roses’’ a can use medically prescribed marijuana for ``Andy'' Guest of Front Royal, who has an- bit, perhaps while dove hunting and fly fish- medicinal purposes. Another amendment brim- nounced his retirement as a delegate in the ing, two particular loves. His wife, Mary Scott, says that having ming with discrimination last year all but de- Virginia General Assembly, where he served Andy at home on more or less a regular basis stroyed the District's successful needle ex- for nearly three decades. will translate into more opportunities to change program, leaving this vital, life-saving I am proud to call Andy Guest my con- enjoy the company of friends, sans the de- program to a totally private group with little stituent and friend, and am grateful to have mands that politics brings. funding. had the opportunity to work with him in public ‘‘I’ll be able to say . . . ‘Let’s have dinner I very much appreciate the efforts of our service to so many of the constituents we on Friday or Saturday night and we won’t dedicated and energetic LGBT community to share from the Shenandoah Valley. On behalf have to talk politics,’ ’’ Mrs. Guest said. educate Members concerning the injury done of those people of the Valley, I wish Andy and Without a doubt, she knows her man far to individuals and the insult to self-government better than we, but we suspect that politics His wife, Mary Scott, all the best wherever his will never stray too far from the mind of rendered by congressional anti-gay attach- path now as ``citizen'' leads. Andy Guest. Citizen-legislators may retire, ments. With Equality Begins at Home rallied to [From The Winchester Star, March 2, 1999] but when ‘‘tradition’’ is born in the blood, fight back, we will yet make the Congress un- derstand that it must back offÐback off bigotry VIRGINIA GENTLEMAN—GUEST PERSONIFIED the passion seldom expires. Nor does the leg- LEGISLATIVE TRADITION acy, which, in this case, is considerable. against District residents whose sexual ori- It comes as no small surprise that when f entation differs from the majority, and back off the time came for Raymond R. ‘‘Andy’’ the annual assault on the legislative preroga- Guest Jr. to announce his retirement from THE D.C. EQUALITY BEGINS AT tives of the City Council. the General Assembly he was ‘‘over- HOME EFFORTS Sadly, Mr. Speaker, this bigotry is not lim- whelmed’’ by ‘‘the history, the tradition’’ ited to anti-democratic legislation aimed at the that surrounds anyone in Virginia’s State HON. ELEANOR HOLMES NORTON LGBT community of the District. In the past Capitol. But then, Andy Guest is not ‘‘any- year, this nation has been outraged at the in- OF THE DISTRICT OF COLUMBIA one’’; 28 years a man of the House, he was explicable cruelty of the murders of two gay IN THE HOUSE OF REPRESENTATIVES emblematic of that tradition the Old Domin- men in Alabama and Wyoming. These hate-in- ion so admires in her lawmakers, that of Thursday, March 18, 1999 ‘‘citizen-legislator.’’ spired murders underscore the need to pass ‘‘To continue that tradition was a great Ms. NORTON. Mr. Speaker, I rise today to the Hate-Crimes Prevention Act (HCPA) and honor.’’ Mr. Guest said Sunday, roughly 24 pay tribute to the local Equality Begins at the Employment Non-Discrimination Act hours after announcing his intention to Home events here in the District of Columbia (ENDA) immediately. Another session of Con- leave the House, and the people, he served that will take place during the week of March gress must not go by without addressing both for nearly three decades. 21±27, 1999. I will be at the Bipartisan Con- the crimes and the employment discrimination However, the tradition to which he stood gressional Retreat in Hershey, Pennsylvania that emanate from sexual orientation. No other heir goes deeper than ties to Virginia. In a response is acceptable. real sense, he was to the manner born; his fa- on Sunday, March 21, when the District of Co- ther, Raymond Sr., also served in the Gen- lumbia's lesbian, gay, bisexual, and f eral Assembly and was U.S. ambassador to transgender (LGBT) residents kick off a week COMMEMORATING TEJANO MUSIC: Ireland. Thus, as his wife, Mary Scott, suc- of lobbying and conscience raising at Freedom 19TH ANNUAL TEJANO MUSIC cinctly said. ‘‘He was born to be a public Plaza. AWARDS CELEBRATION servant.’’ These events, with an emphasis on local And, as a public servant, he will be dearly needs, are taking place throughout the United missed, by his peers no less than his con- HON. CIRO D. RODRIGUEZ stituents. Among the men and women with States, but no jurisdiction has experienced more bigotry associated with sexual orienta- OF TEXAS whom he engaged in the legislative hurly- IN THE HOUSE OF REPRESENTATIVES burly he will be remembered as the gen- tion than the nation's capital. This prejudice, I tleman he is. am happy to say, does not come from the Thursday, March 18, 1999 ‘‘Sometimes we use the word . . . a little people of the District of Columbia, or their lo- Mr. RODRIGUEZ. Mr. Speaker, I am proud too freely,’’ said House Speaker Thomas W. cally elected representatives, who have en- to introduce legislation today that will recog- Moss, D-Norfolk, with whom Guest often acted the most progressive and far-reaching nize one of the unique sounds sweeping tangled, ‘‘but I’ve never known him to be protections in the country. Residents of every anything but a gentleman.’’ across the Nation todayÐTejano music. All Likewise, said state Sen. H. Russell Potts background in the District feel particular anger across America the sounds of tejano have be- Jr., R-Winchester: ‘‘We have lost a good when, in violation of all of the principles of come the music of choice. From deep in the man. His integrity and character exude the self-government, Congress injects itself to heart of south Texas to the Great Plains, from class that typifies a Virginia gentleman. He enact measures at odds with principles of the east coast to the west coast, the pulsating leaves a void that will never be replaced.’’ equality and anti-discrimination that the resi- rhythms of a loud drumbeat, a bajo-sexto gui- That ‘‘void’’ is considerable, in that Mr. dents of this city hold especially dear. tar and an ubiquitous accordian are taking Guest’s voice was one of clear common sense Each year, under congressional attack, I am over the Nation to the beat of Tejano. and consistent conservatism, particularly of the fiscal variety. In his last session, he forced to defend the District's domestic part- During the last several years Tejano artists raised words of concern about the manner in nership law, a very modest provision designed have captured a large percentage of the Latin which the state treats its surplus revenue to afford relatives or partners who live in the music market and continue to rise in popu- (see editorial above). He is worried, as are same household the opportunity to qualify for larity. From the legendary Selena to the in- we, that these dollars will be used to ‘‘grow health benefits at no additional expense to the comparable Little Joe the sweet sounds of CONGRESSIONAL RECORD — Extensions of Remarks E491 Tejano continue to climb the American music TRIBUTE TO CAPT. JOSEPH W. particularly police and investigation support charts with one hit after another. The sound of WARFIELD AND THE TEXAS teams, into the regions. In Gujarat, where the Tejano is the sound of a people. For those of STATE PILOTS’ ASSOCIATION attacks have ruined property, the state govern- us in south Texas, Tejano is the tradition and ment has already authorized relief and com- history of the people's thoughts, feelings and HON. GENE GREEN pensation payments for damaged property. Not only has the government of India acted aspirations. Tejano is more than just the high OF TEXAS against the alleged perpetrators, it has con- energy mix of Rock 'n Roll, Country, Jazz and IN THE HOUSE OF REPRESENTATIVES Rhythm & Blues, it is the music of our people demned them, publicly and repeatedly, in no that helps move us and express our emotions. Thursday, March 18, 1999 uncertain terms. Prime Minister Vajpayee and This week, the city of San AntonioÐknown Mr. GREEN of Texas. Mr. Speaker, I rise to President Narayanan, India's head of govern- as the Tejano capitol of the worldÐwill be pay tribute to Capt. Joe Warfield on his retire- ment and head of state respectively, have host to the 19th Annual Tejano Music Awards. ment as president of the Texas State Pilots' spoken out against these crimes and those The awards presentation will take place on Association. The Texas State Pilots' Associa- who would commit them. The Prime Minister Saturday, March 20, 1999, at the Alamodome tion is the professional organization that rep- even embarked on a one-day fast seeking a in San Antonio and pay tribute to the best and resents our State-licensed maritime pilots. renewal of communal harmony, and did so on brightest in the Tejano music industry. These professional mariners navigate ocean- the January 30 anniversary date of the death A testament to the success of Tejano music going ships safely to and from the many im- of Mahatma Gandhi, India's revered leader, and this annual awards show is the more than portant commercial ports in Texas. thereby trying his government's policies to 40,000 people expected to attend the event I am proud that our State's largest port, the Gandhi's ideals of non-violence and cultural this year. The Annual Tejano Music Awards, Port of Houston, is in my district. The Port of diversity. which began in 1980 with an enthusiastic Houston is connected to the Gulf of Mexico by It is right for the Prime Minister to link his 1,300 in attendance, is now one of our Na- the 53-mile Houston Shop Channel. The Port fast and the ideals of Gandhi. India is a di- tion's premier and fastest growing musical of Houston is the busiest U.S. port in foreign verse nation. Although it is predominantly a celebration. tonnage, second in domestic tonnage and the Hindu nation, Muslims, Christians, Sikhs, Bud- Today, I offer up this resolution to com- world's eighth busiest U.S. port overall. More dhists and Jains freely practice their religions memorate the 19th Annual Tejano Music than 6,435 vessels navigate the Houston Ship and have for centuries. It is important to note Awards and the spirit and history behind the Channel annually. It is largely because of the that these attacks, as heinous as they are, music that will be celebrated and honored this skill and viligance of professional state pilots have only occurred in two states, which is week in San Antonio. such as Captain Warfield, that our vital water- home to only a small portion of India's Chris- borne commerce moves safely and efficiently tian community. The vast majority of Chris- f through our state waterways. tians live in parts of India that have not seen Captain Warfield, an active Houston Pilot, any signs of violence. TRIBUTE TO MR. ARTHUR served as president of the Texas State Pilots' Mr. Speaker, let me close by noting that BOWERS, JR. Association from 1994 to 1998. He had been these attacks, terrible as they are, remind us vice president of the association the previous that India itself remains a secular democracy, HON. JAMES E. CLYBURN 4 years. Captain Warfield is a graduate of committed to the principles of individual toler- OF SOUTH CAROLINA Texas A&M University and has over 20 years ance and religious diversity. Its government IN THE HOUSE OF REPRESENTATIVES of experience with the Houston Pilots. He has has publicly demonstrated that commitment in recent weeks. It is to be commended for it. Thursday, March 18, 1999 held numerous leadership positions within his pilotage association, including three years as f Mr. CLYBURN. Mr. Speaker, I rise today to Presiding Officer. On the national level, Cap- ask my colleagues to join me in paying tribute A TRIBUTE IN MEMORY OF tain Warfield is active in the American Pilots' ROBERT H. HODGSON, JR. to Mr. Arthur Bowers, Jr. In his hometown of Association. He was an APA Trustee for the Florence, SC, he is very active in community State of Texas from 1994 to 1998 and served HON. ELEANOR HOLMES NORTON affairs and has made many kind and generous as a member of the APA's Navigation and OF THE DISTRICT OF COLUMBIA contributions to the local community. He con- Technology Committee for several years. IN THE HOUSE OF REPRESENTATIVES tinually offers support to his neighbors, friends, Mr. Speaker, I am honored to recognize the and family. distinguished service to the Port of Houston Thursday, March 18, 1999 Mr. Bowers was born on December 2, 1918, and the State of Texas of Captain Joseph Ms. NORTON. Mr. Speaker, I rise today to in Ellenton, SC. He is the son of the late Ar- Warfield for his leadership and professional remember a friend, Robert H. Hodgson, Jr., thur Bowers, Sr., and Mrs. Eldora Bowers commitment to the safe dispatch of commerce whose mortal remains will be laid to rest in the Phinizy. He has two siblings: the late Estella on our waterways. We will miss his leadership, columbarium of his home parish, St. Paul's Gantt and Isaiah Phinizy. On February 4, but we wish him well in his retirement. Episcopal Church, on K Street in the District of 1939, Mr. Bowers married the late Mary Cross f Columbia, this Saturday. Bowers. They had six children: Gladys, Dillie, Rob was a native Washingtonian who was Arthur, Jr., Loretta, Gloria, and Michael. In ad- INDIA’S COMMITMENT TO educated at the Campus School of Catholic dition, Mr. Bowers has five grandchildren and RELIGIOUS TOLERANCE University and Gonzaga College High School. one great-grandchild. Rob also earned a BA at Rice University. He In 1979, Mr. Bowers retired after working for HON. ENI F.H. FALEOMAVAEGA died in his sleep on February 18. the railroad for over 37 years. He has been a OF AMERICAN SAMOA Rob was passionately political and politically member of the New Ebenezer Baptist Church IN THE HOUSE OF REPRESENTATIVES compassionate. He thrived in the turbulent for over 50 years where he still serves as seas of D.C., Anglican, and Gay and Lesbian chairman of the Deacon Board. Mr. Bowers is Thursday, March 18, 1999 politics. He worked with numerous District offi- a member of various community organizations. Mr. FALEOMAVAEGA. Mr. Speaker, there cials, including Council Chairwoman Linda In particular, he is associated with the Brother- have been a number of news stories recently Cropp, Councilman Harold Brazil, and Council- hood of Sleeping Car Porters, the United about attacks on Christians in India. These at- man James Graham; he served as treasurer Transportation Union, Hiram Masonic Lodge tacks are deplorable and should be con- of the Gertrude Stein Democratic Club, was a #13, and the Seaboard Fellowship Club. He demned. But even as we condemn them, we vocal board member of Episcopal Caring Re- also serves as organizer and chairman of the ought not to lose sight of the fact that the gov- sponse to AIDS, and an active volunteer in his Carver and Cannon Streets Crime Watch, and ernment of India has acted swiftlyÐin word parish's AIDS and homeless ministries. chairman of the Scouting Committee at New and in deedÐto also condemn the attacks and Those who knew Rob will remember his Ebenezer Baptist Church. to take strong action against those who ap- fondness for gossip. Rob always had the ``in- Mr. Bowers is a remarkable citizen and a pear to be the perpetrators. side scoop,'' not only on the D.C. Council and wonderful asset to the State of South Caro- To date, there have been more than 200 the D.C. Democratic State Committee, but on lina. He follows a motto that provides insight people arrested in the two states, Gujarat and numerous vestries within the Episcopal Dio- into his good character, ``If I can help some- Orissa, where the violence has occurred. Both cese of Washington. Rob often used his skills body as I travel along life's highway, then my the two state governments and the central as a raconteur to enliven a dull reception with living shall not be in vain.'' government have deployed extra manpower, the latest ``dish.'' E492 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 Rob was not survived by his immediate fam- dren’s college tuition. In less than a year, friendship, and remembering the past. Most of ily, but he had many friends, in particular, his that money was gone. After that, she and her all, his songs are aboutÐand are part ofÐthe life-long friend Mary Eva Candon and his con- husband were forced to go into debt to pay real lives of Americans. for her ongoing chemotherapy/radiation In 1973, Bruce released his famous ``Greet- fidant Parker Hallberg. treatment and other procedures including a Mr. Speaker, I ask that this House extend craniotomy and gall bladder surgery. They ings From Asbury Park, N.J.'' album. It was its sympathy and condolences to the many are now more than $40,000 in debt, were followed by ``The Wild, the Innocent and the E friends of Rob Hodgson. forced to move into a much smaller house Street Shuffle.'' In 1975 Bruce followed up f and lost their dream of sending their sons to with ``Born to Run'' which is widely acclaimed college without going into further debt. as one of the finest rock and roll albums ever INTRODUCTION OF THE BREAST The additional stress and pressure placed made. AND CERVICAL CANCER ACT BY on Arlene and her husband by this situation In the late 1970's and early 1980's Bruce MARY ANN WAYGAN has turned a difficult situation into an al- and his band continued with a string of mod- most unbearable one. To make it even worse, Arlene recently found out that the cancer ern rock classicsÐ``Darkness on the Edge of HON. WILLIAM D. DELAHUNT has spread to her hip, pelvis, lungs and liver. Town,'' ``The River,'' and the multi-platinum OF MASSACHUSETTS Through all of this, Arlene has showed tre- album ``Born in the USA.'' In the past few IN THE HOUSE OF REPRESENTATIVES mendous resolve. Despite being in pain and years, Springsteen recorded his most suc- discomfort and forced to use a wheelchair, cessful solo song ever, ``Streets of Philadel- Thursday, March 18, 1999 Arlene desperately wanted to be here today phia,'' earning himself more Grammy Awards Mr. DELAHUNT. Mr. Speaker, standing in to share her story with you directly. She and an Academy Award. thought it was important for everyone to un- Springsteen's most recent record, ``The front of our nation's Capitol today was Mary derstand not just what the cancer had done Ann Waygan, a woman from Cape Cod, Mas- to her, but what the effect of having to take Ghost of Tom Joad'' won a Grammy Award for sachusetts, who joined with Senators CHAFEE, on this incredible financial burden had done best contemporary folk album, and builds on MIKULSKI, and SMITH in introducing the Breast to her physical health, mental strength and the work that Bruce began in the 1980's with and Cervical Cancer Treatment Act. As an family resources. his critically-acclaimed album ``Nebraska,'' in original cosponsor of the House version of this Due to her condition, Arlene’s treatment calling attention to, and building on, America's legislation, I would like to share with you her finally is being paid because she qualified for rich folk music heritage. eloquent testimony of those affected by this disability. But to this day, Arlene is con- Despite his incredible success and world- vinced that her cancer would not have spread wide fame, Bruce Springsteen has always tragic disease. had she been able to afford regular visits to stayed true to his central New Jersey roots STATEMENT OF MARY ANN WAYGAN an oncologist. and to the interest of music fans everywhere. Hello, my name is Mary Ann Waygan and Arlene’s energy and determination to fight I am the coordinator for the CDC Breast and this disease and remain positive are amaz- Indeed, in an era of high ticket prices and Cervical Cancer Initiative for Cape Cod, Mas- ing. I feel lucky to know her and to have prima donna stars, Bruce Springsteen has al- sachusetts. worked with her. I only wish that as the pro- ways dedicated himself to providing his fans Before I begin, I would like to thank Sen- gram coordinator, I could have done more— with affordable, consistent entertainment. He ators Chafee, Mikulski, Snowe and Moynihan that I could have assured her that any treat- has been dedicated to seeing that his music for sponsoring this legislation. I would also ment she needed would be paid for and that makes its way into the lives of people. That like to thank Senator Smith for his support she wouldn’t have to spend time dealing with bank statements, mortgages or packing dedication has rightfully earned him the nick- of this bill. name, ``The Boss.'' Clearly, the single largest problem facing boxes on top of everything else. the Breast and Cervical Cancer Screening In summary, we hear over and over again Mr. Speaker, Bruce Springsteen has given a Program today is finding resources and care- that early detection saves lives. In actuality, lot to New Jersey, to the lives of music lovers givers to provide treatment to the women early detection alone does nothing but find everywhere and to our nation's rich popular who are diagnosed with breast or cervical the disease; detection must be coupled with culture. We in central New Jersey are rightfully cancer. The lack of treatment dollars is one guaranteed, quality treatment to actually proud to call him a native son and take tre- of the biggest policy gaps in the program— save lives. mendous pride in his induction into the Rock We must pass the Breast and Cervical Can- and the problem is only getting worse. and Roll Hall of Fame. I am proud to say that The barriers to recruiting providers for cer Treatment Act to make sure that screen- ing and treatment always go together. Bruce Springsteen is a constituent of mine. charity care are growing, and funding for the I hope that my colleagues in the House will treatment is an ad-hoc system that relies on I would like to thank the National Breast volunteers, state workers and others to find Cancer Coalition for its leadership role in join me and other central New Jerseyans in treatment services. In the community, we go working to get this legislation passed and extending our congratulations to Bruce to tremendous ends to find treatment—and thank the members of Congress here today Springsteen for this well-deserved honor. raise money to help pay for it. I’ve organized for sponsoring and supporting this legisla- f luncheons, bake sales, raffles—you name it. tion. Anything to raise money for women who f INTRODUCTION OF THE WORK IN- could not afford to pay out of pocket for CENTIVES IMPROVEMENT ACT treatment. Despite these efforts, all too CENTRAL NEW JERSEY CON- OF 1999 often, we come up short. GRATULATES BRUCE Funding for treatment through the CDC SPRINGSTEEN ON HIS INDUCTION HON. FORTNEY PETE STARK program is the biggest problem I face as a INTO THE ROCK AND ROLL HALL coordinator and frankly a barrier to screen- OF FAME OF CALIFORNIA ing and detection. Funding for treatment is IN THE HOUSE OF REPRESENTATIVES tenuous at best. Without passage of the Thursday, March 18, 1999 Breast and Cervical Cancer Treatment Act, HON. RUSH D. HOLT future funding for treatment for these OF NEW JERSEY Mr. STARK. Mr. Speaker, I am honored to women will remain uncertain. IN THE HOUSE OF REPRESENTATIVES co-sponsor the Work Incentives Improvement I want to tell you one story in particular Act of 1999. This bill would remove the bar- that clearly illustrates the problem some of Thursday, March 18, 1999 riers to health insurance and employment in- these women face. A woman who lives in Buzzard’s Bay, Massachusetts who was diag- Mr. HOLT. Mr. Speaker, I rise today to di- herent in the current disability insurance (DI) nosed with breast cancer through the CDC rect the attention of my colleagues to the in- system, and enable many Americans to return program. duction of central New Jersey's Bruce to work. Disabled people have much to offer. Arlene McMann is a married woman in her Springsteen into the Rock and Roll Hall of It is time that we recognize and encourage early forties with two teenage sons and no Fame last Monday. them to participate as contributing members of health insurance. From central New Jersey to central Europe, society. When Arlene was diagnosed with breast you need only mention the name ``Bruce,'' to I am especially pleased to support the Medi- cancer through the CDC screening program, gain immediate recognition of this man's work. care and Medicaid provisions of this bill. With- she was devastated—not just with the diag- nosis, but with the fact that she had no way From classics like ``Promised Land,'' out these programs, many people living with to pay for the treatment she needed. ``Backstreets,'' ``Tenth Avenue Freeze-Out,'' disabilities would not have access to the care Faced with that situation, she and her hus- and ``Thunder Road,'' Bruce Springsteen's that is so vital to their health and well-being. band were forced to use the $20,000 they had songs hold special memories for all of us. He Because private health insurance is not afford- been saving for years to pay for their chil- is a storyteller whose songs are about loyalty, able or available to them, even after returning CONGRESSIONAL RECORD — Extensions of Remarks E493 to work, we must keep Medicare and Medicaid patients of working age who does not have Mr. Speaker, these are just a few, quick available to the working disabled. severe co-morbidities which the center is able ideas. I am sure that experts in this field could There is one segment to the disabled popu- to help return to work (above a baselineÐper- suggest other steps to ensure that the ESRD lation that I urge my colleagues to give special haps 5% of eligible patients). For example, if program not only saves lives, but helps people consideration: End Stage Renal Disease pa- a center had 100 working age patients, it have a good and productive life. tients. could receive a $1000 payment for each pa- f As you know, there are about 260,000 tient above 5 who had lost employment and is Americans on dialysis and another 80,000 helped to return to work. This would be a phe- A TRIBUTE TO MARY MAHONEY’S who are dependent on a kidney transplant nomenally successful investment and would OLD FRENCH HOUSE RESTAURANT (with about 11,500 kidney transplants per- particularly compensate the dialysis center for formed annually). About 120,000 dialysis pa- the cost of vocational rehab and social work. HON. GENE TAYLOR tients are of working age (between 20 and (3) Renal dialysis networks, which are de- OF MISSISSIPPI 64), yet fewer than 28,000 are working. signed to help ensure ESRD center quality, The ``USRDS Abstract of Medical Evidence should be able to apply for designation as IN THE HOUSE OF REPRESENTATIVES Reports, June 1, 1996 to June 1, 1997,'' re- rehab agencies and for demonstration grants Thursday, March 18, 1999 under this legislation. veals that 38.1% of all dialysis patients 18±60 Mr. TAYLOR of Mississippi. Mr. Speaker, I years of age were employed full time, part The law spelling out the duties of Networks has a heavy emphasis on rehabilitation. In- rise today to share with my colleagues news time, or were students before onset of ESRD. of two rather unique accolades for the cele- But only 22.9% of ESRD patients in the deed, it is the first duty listed: ``. . . encouraging, consistent with sound brated Mary Mahoney's Old French House same age group were employed full time, part Restaurant in Biloxi, Mississippi . time, or were students after the start of dialy- medical practice, the use of those treatment settings most compatible with the successful Since opening its doors on May 7, 1964 in sis. This 15% (38.1% minus 22.9%) differential the refurbished Louis Frasier house that dates is the prime hope for return to work efforts. rehabilitation of the patient and the participa- tion of patients, providers of services, and from 1737, this venerable establishment has Of the transplant patients, most (88%) are been a Gulf Coast culinary landmark serving of working age, but only about half of them renal disease facilities in vocational rehabilita- tion programs;'' 1 friends and travelers from near and far. The are working. late Mary Mahoney and her dedicated family I suspect that the 17 Networks vary widely Section 102 of your bill provides Medicare built their business on the tenets of excellent in their emphasis on rehabilitation. Again, the coverage for working individuals with disabil- cuisine and service as well as an historically Network(s) that do the best should receive itiesÐbut ESRD dialysis patients already have authentic Old South atmosphere, which over recognition and share their success with the this protection. For transplant patients, Medi- time has earned them international acclaim. care does not cover their major health needÐ others. (4) Kidney failure remains a medical mys- Among the numerous celebrities whose coverage of $8,000±$10,000 per year for im- names grace their guest book are Sam Don- munosuppressive drugsÐafter 36 months. tery. It often happens very quickly, with no warning. But for thousands of others, there is aldson, Alexander Haig, Robert Redford, Clearly, we should tailor some special provi- Denzel Washington, Randy Travis, and Dick sions to this population. a gradual decline of kidney function. I am told by medical experts that in many cases the de- Clark. During the Reagan Administration, Mary I would like to suggest a series of ESRD re- scent to terminal or end-stage renal disease Mahoney catered a ceremony on the White turn-to-work amendments that would save can be showed by (1) nutrition counseling, or House lawn for President and Mrs. Reagan total government revenues in the long run. (2) medical treatment by nephrology special- and their guests. While these proposals may increase Medicare ists. All were impressed, but none left a more im- spending, they would reduce Social Security I hope that you will make it clear that the pressive gratuity than author John Grisham. In disability and Medicaid spending. Medicaid (or Medicare) funds provided in this his recent bestseller, The Runaway Jury, Mr. There are just preliminary ideas, and I hope program to prevent disability could be used to Grisham compliments the restaurant by name that you and the renal community could refine delay the on-set of the devastatingly disruptive and offers the reader a glimpse inside by hav- these ideas prior to mark-up. and expensive ESRD. Monies spent in this ing the judge in his novel host a fictional lunch (1) A huge percentage of ESRD patients area would return savings many times over. for the jurors and court officers at ``Mary quality for Medicaid. The disease is so expen- Also in the ``preventive area,'' some of the Mahoney's''. Through Mr. Grisham's narrative sive ($40,000±$60,000 per patient per year) leaders in the renal community are reporting the reader gets to share in the ``crab cakes and the out-of-pocket costs so high that it im- exciting results from more frequent, almost and grilled snapper, fresh oysters and poverishes many. For transplant patients, the nightly dialysis. Like frequent testing by dia- Mahoney's famous gumbo. * * *'' He goes on cost of life-saving immuno-suppressive drugs betics for blood sugar levels, it may be that to write, ``By the time the jury was seated for alone can be $8,000, $10,000 or more per more frequent dialysis can result in a less dis- the afternoon session, everyone present had year. No wonder many are tempted to avoid rupted life and better chance to contribute to heard the story of their splended lunch.'' actions which would disqualify them for help. the workforce. We should watch these medical Now a newly released book celebrates the As part of general Medicare policy, I have developments and if there is a chance that restaurant's vivacious founder and guiding always through that we should cover pharma- some additional spending on more frequent, spirit. It is entitled, A Passion for People: The ceuticals and, in particular, indefinitely cover but less disruptive dialysis would encourage Story of Mary Mahoney and Her Old French immuno-suppressive. It is madding to hear the return to work, we should be supportive. House Restaurant. Written by Mississippi jour- stories of $80,000±$100,000 kidney trans- (5) Finally, I urge you to coordinate this bill nalist and family friend Edward J. Lepoma, plants lost, because a patient couldn't afford with another proposal of the AdministrativeÐ himself a regular in Mary's inner circle of the $10,000 per year of medicine. skilled nursing facility employment of aides to guests, this photo-filled, loving memoir tells of I think a good case can be made to add to help with feeding. As you know, last summer the trials and ultimate triumph of a second this bill coverage of immuno-suppressives in- we received a GAO report on the horror of generation American with a dream. The dream definitely, to encourage people to leave Med- malnutrition and death by starvation in some was that of creating a world class restaurant icaid/Disability and return to work. nursing homes, due to a lack of staffing to in Biloxi, Mississippi, where the dining experi- (2) Some ESRD facilities do a good social take the time to help patients who have trou- ence would be matched by the warm ambi- work job helping patients return to work. Oth- ble eating and swallowing and who take a ance that told all who visited, ``Tonight, you ers don't seem to even try. We should honor long, long time to eat (e.g., many stroke pa- are among friends.'' and reward those centers which, on a risk ad- tients). A coordinated effort by the nursing With its quaint art-filled dining rooms, supe- justed basis, are doing the best job of rehab home industry and ESRD centers to fill this rior wine list, and captivating Southern charm in their renal network area. minimum wage type position would help nurs- and hospitality, Mary Mahoney's Old French The honor could be as simple as a Secre- ing home patients while starting many long- House Restaurant provides a memorable tarial award of excellence and public recogni- out-of-work ESRD patients back on the road evening for first-time and long-time guests, an tion. to work. excellent backdrop for the novelist, and is a The reward could be something more tan- source of civic pride for the citizens of Biloxi gibleÐa cash payment to the facility to each 1 Sec. 1881(c)(2)(A); see also (B) and (H). and the entire Mississippi Gulf Coast region. E494 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 HONORING LAUREN DE BOWES FOR the ``unilateral actions'' taken by Israel in direct requirements have proved so difficult that the OUTSTANDING ACHIEVEMENT IN violation of Oslo and the Wye River agree- IRS has already relaxed the rules for reporting DANCE ments. It ignores the responsibilities and com- during the 1998 tax year. mitments made by the Netanyahu Administra- I look forward to working with my colleagues HON. ROSA L. DeLAURO tion. In short, it is not a balanced resolution. to pass this important legislation. OF CONNECTICUT In the coming months I will continue to sup- f IN THE HOUSE OF REPRESENTATIVES port the Administration's efforts in the Middle EXCELLENCE REWARDED AT Thursday, March 18, 1999 East and offer my support for all those who truly seek peace in the region. I will also work BURBANK HIGH SCHOOL Ms. DELAURO. Mr. Speaker, I am pleased with my colleagues in the House to craft more to rise today to congratulate Lauren DeBowes balanced resolutions that call on both sides to HON. CIRO D. RODRIGUEZ for her outstanding achievements as an Irish adhere to the letter and spirit of their commit- OF TEXAS dancer. A resident of New Haven, she will be ments. IN THE HOUSE OF REPRESENTATIVES representing Connecticut and the United f States at the All World Irish Dance Champion- Thursday, March 18, 1999 ship in Ennis County Clare, Ireland. INTRODUCTION OF LEGISLATION Mr. RODRIGUEZ. Mr. Speaker, I rise today Lauren is one of five young women in her TO EXPAND THE TAX DEDUC- to recognize the academic decathlon team age group from the New England area who TION FOR STUDENT LOAN IN- members, coaches, and parents at Burbank will be making the trip to compete at the World TEREST PAYMENTS: ELIMI- High School in my hometown, San Antonio, Championship. With only 8 years of competi- NATING THE 60-PAYMENT RE- Texas. At the state Academic Decathlon com- tive dance experience under her belt, this is a STRICTION petition for medium-size schools, Burbank truly impressive accomplishment. Teamed with placed third among 225 Texas high schools. her coach, John O'Keefe, Lauren performs HON. GEORGE MILLER This great accomplishment reflects the hard both the soft dance and hard shoe dance, OF CALIFORNIA work and countless hours of preparation by both of which have led her to success in sev- IN THE HOUSE OF REPRESENTATIVES students and school officials alike. eral local competitions. These students have demonstrated excep- I was a tap dancer when I was young and Thursday, March 18, 1999 tional time management skills, self-discipline, can recall the thrill of recitals and concerts. I Mr. GEORGE MILLER of California. Mr. and determination. They stayed focused on can only imagine the excitement that Lauren is Speaker, today I am introducing legislation on their priorities and set high standards for feeling as she prepares for her trip to Ireland. behalf of myself, and Representatives JOHN- themselves. The City of San Antonio is proud Her hard work, dedication and enthusiasm has SON (of Connecticut), MATSUI, and ENGLISH, to of all nine members who received 14 indi- put her at a level to compete with the best in expand the student loan interest payment tax vidual medals in addition to the third-place the world. deduction. team medal. Included in the team award was I would like to take this opportunity to ex- As a college education becomes both in- a gold medallion and a $250 scholarship for tend my best wishes to Lauren as she cele- creasingly expensive and increasingly impor- each team member. brates her 16th birthday. This is certainly a tant in getting a job and being a productive I would like to thank the coaches and par- special year. It is a pleasure for me to rise and active participant in our democratic soci- ents of these diligent students for all their ef- today and join with her family, friends, and the ety, we must continue to look for ways to help forts in making this accomplishment possible. New Haven community to honor Lauren students pay for tuition and related edu- These students have been successful be- DeBowes for her tremendous accomplish- cational expenses. cause of their hard work and support from ments as an Irish dancer. Connecticut and the As a part of the Tax Payer Relief Act of family and teachers. They are paving the way nation are indeed fortunate to be represented 1997, the interest paid on student loans be- to a bright and exciting future. by such a talented young woman. came eligible for an ``above-the-line'' deduc- f f tion on Federal income taxes. This tax provi- A TRIBUTE TO ST. JOSEPH’S VIL- EXPRESSING OPPOSITION TO DEC- sion is just beginning to provide needed relief LAGE IN SELDEN, LONG ISLAND, LARATION OF PALESTINIAN to many student borrowers. NEW YORK STATE However, under current law, only the first 60 loan payments are eligible for the deduction. SPEECH OF Because student loan payments are typically HON. MICHAEL P. FORBES HON. JOHN ELIAS BALDACCI made monthly, this means that students can OF NEW YORK deduct interest payments on their taxes for IN THE HOUSE OF REPRESENTATIVES OF MAINE only 5 years of repayment, not including time IN THE HOUSE OF REPRESENTATIVES Thursday, March 18, 1999 periods spent in either forbearance or Tuesday, March 16, 1999 deferment. Mr. FORBES. Mr. Speaker, I rise today in Mr. BALDACCI. Mr. Speaker, I appreciate Our legislation would simply lift the 60-pay- this historic chamber to share with my col- this opportunity to offer my remarks on both ment restriction and allow borrowers to deduct leagues the story of St. Joseph's Village in the substance of H. Con. Res. 24 and the interest payments for the entire period of re- Selden, Long Island, New York. On Saturday, context in which it is being considered. The payment. March 20, 1999, this special community, built Middle East peace process is at a critical Extending the time limit on the tax deduction by the Diocese of Rockville Center, will cele- stage, the Oslo Agreement will expire on May is one of the most direct and straightforward brate the 20th anniversary of its ground break- 4, 1999 and the legal framework for the peace changes we can make in current law to relieve ing. I stand here today in the People's House process will come to an end. Despite the re- the increasing burden of student loan debt. to talk about St. Joseph's Village because it cent breakdown in negotiations, I applaud Loans now comprise 60 percent of all postsec- embodies a unique spirit of community and President Clinton and Secretary of State ondary student aid, compared to just 45 per- cooperation; where its residents help each Albright for their tireless efforts towards cent 10 years ago. other and work to improve the lives of those achieving a lasting and just peace. Our legislation will be particularly helpful to in the surrounding communityÐeven the I agree with the majority of the text of H. students with high loan debt and those who world. Con. Res. 24 and therefore I supported it. The choose to pay over longer periods. The latter This Saturday evening, I have the privilege final status of the lands controlled by the Pal- group includes those who choose ``income of helping the community pay tribute to a com- estinian Authority should be determined under contingent repayment,'' that is those who munity within a community; St. Joseph's Vil- the auspices of Oslo or another framework. make smaller payments over a longer period lage. Since its inception, 20 years ago, its 200 While Yasser Arafat may have the right to of time, especially those who maintain a com- residents have made noteworthy contributions make unilateral declarations after Oslo, it will mitment to lower-paying public service occu- to an array of causes, from national charities not be helpful to reaching peace and could in- pations. to local food and clothing drives, and have im- flame the violence that looms over the region Eliminating the 60 payment period also will proved the lives of individuals from around the every day. ease difficult, confusing, and costly reporting world and at home on Long Island. However, I am disturbed by what H. Con. requirements currently required for both bor- St. Joseph's Village began as an experi- Res. 24 does not say. It does not condemn rowers and lenders. Thus far, these reporting ment. It was the first subsidized senior and CONGRESSIONAL RECORD — Extensions of Remarks E495 disabled housing development built by the Di- HAPPY 300TH ANNIVERSARY TO problems are compounded by increasing loss ocese of Rockville Center on Long Island and, THE SIKH NATION of health care choice and autonomy for those initially at least, a controversial plan. Many people who have insurance leading to disrup- residents in this middle class area resisted the HON. JOHN T. DOOLITTLE tions in care and in relationships with pro- notion of a subsidized apartment complex in OF CALIFORNIA viders. The American Health Security Act I am in- their community. But St. Joseph's Village IN THE HOUSE OF REPRESENTATIVES proved to be an outstanding neighbor and a troducing today embodies the characteristics model for the developments that followed it. Thursday, March 18, 1999 of a truly American bill. It will give to all Ameri- Villagers often visit the nearby Hawkins Ele- Mr. DOOLITTLE. Mr. Speaker, Dr. Gurmit cans the peace of mindÐthe securityÐto mentary School and read to students. This Singh Aulakh, President of the Council of which all citizens should be entitled. It creates unique program, called ``Reading Buddies,'' Khalistan, has brought it to my attention that a system of health care delivered by physi- pairs up seniors with young children for mutual on April 13, the Sikhs will be celebrating their cians chosen by the patient. No one will have literary enjoyment. Other seniors devote their 300th anniversary. Sikhs have been significant to leave their existing relationships with their time preparing and serving to their fellow sen- contributors to America in several sectors of doctors or hospitals or other providers. It is ior citizens at the local Senior Nutrition Center. life, but their anniversary is significant for an- federally financed but administered at the Sixty other residents organized a project to other reason. The Sikh Nation is currently one state level, so the system is highly decentral- donate money each month to improve the of several nations struggling to reclaim its ized. And it provides new mechanisms to im- lives of three underprivileged children living freedom from Hindu India. prove the quality of care every American re- abroad in Third World nations. It is an interesting coincidence that April 13, ceives. The American Health Security Act (the Bill) Mr. Speaker, words can hardly express the the Sikhs' anniversary, is also the birthday of provides universal health insurance coverage deep debt of gratitude we on Long Island owe Thomas Jefferson, the author of our Declara- for all Americans as of January 1, 2000. It to the residents of St. Joseph's Village for all tion of Independence. This symmetry of severs the link between employment and in- they have done to serve our community and events highlights the Sikh Nation's desire to surance. The federal government defines the improve the lives of our neighbors. I ask my be free. It is time that the Sikhs enjoy the free- standard benefit package, collects the pre- Congressional colleagues to join me, the com- dom that we enjoy here in America. mium, and distributes the premium funds to munity and all who have benefited from their In the Declaration of Independence, Jeffer- son wrote that all people ``are endowed by the states. The states, through negotiating generosity in thanking the residents for all panels comprised of representatives from their Creator with certain unalienable rights; their good work. And on this day of their 20th business, labor, consumers and the state gov- that among these are life, liberty, and the pur- anniversary, we wish them many more years ernment, negotiate fees with the providers and suit of happiness; that whenever any form of of success and good fortune. the government controls the rate of price in- government becomes destructive of these creases. The result is health care coverage f ends, it is the right of the people to alter or that never changes when your personal situa- abolish it.'' In India, the government allows FAIRNESS FOR FOSTER CARE tion does, never requires you to change the 70,000 Sikh political prisoners to rot in jail FAMILIES ACT way you seek health care, and never causes without charge or trial, some since 1984. They disruption in your relationships with your pro- should be released on or before April 13 as a HON. RON LEWIS viders. goodwill gesture. Instead, I fear that even The bill provides the coverage under a OF KENTUCKY more Sikhs will be endangered as ``demo- mechanism of global budgets to achieve con- IN THE HOUSE OF REPRESENTATIVES cratic, secular'' India tries to maintain what it trollable and measurable cost containment that Thursday, March 18, 1999 calls its ``territorial integrity.'' will yield scorable savings over the next five In the spirit of Jefferson, let the 300th anni- Mr. LEWIS of Kentucky. Mr. Speaker, today years. Unlike other single-payer proposals of versary of the Sikh Nation be an occasion to the past, it provides for almost exclusive state I am introducing a bill that ensures that all fos- do whatever we can to support the Sikhs and ter care families are treated fairly under the administration provided the states meet fed- the other nations of South Asia in their strug- eral budget, benefit package, guarantee of Tax Code. gle to live in the glow of freedom. By stopping The Fairness for Foster Care Families Act free choice of provider, and quality assurance U.S. aid to India (which is one of the top five standards. This bill explicitly preserves free simplifies the current rules for foster care pay- recipient countries) until human rights are uni- ments and recognizes the increasing role that choice of provider by providing a mechanism versally respected, by declaring our support for fee-for-service delivery to compete effec- charitable tax exempt agencies and private for self-determination through a free and fair for-profit agencies play in the placement of tively with HMOs. It will not force Americans plebiscite, and by imposing the same sanc- into HMO models. foster care children and adults. tions on India that we would impose on any The insurance mechanism of the American In 1983, Congress amended the Internal other religious oppressor, we can share the Health security Act is easy to use and under- Revenue Code to permit certain foster care blessings of liberty with the people of South stand. Quite simply, a patient visits the doctor families to exclude from taxable income pay- Asia. This is the best thing that we can do to or other provider. The provider then bills the ments they receive to cover the additional ex- celebrate this important occasion with the Sikh state for the services provided under the penses incurred for caring for the individual. Nation. standard benefit package and the state pays Unfortunately, the exclusion depended on a f the bill on the patient's behalf, just as insur- complicated analysis of three factors: the age ance companies pay medical bills on the pa- of the foster care individual, the type of foster THE AMERICAN HEALTH SECURITY tient's behalf now. The difference is that com- care placement agency and the source of the ACT OF 1999 plicated and expensive formulas for patient co- foster care payment. payments, coinsurance, and deductibles in ad- Congress revisited the tax treatment of fos- HON. JIM McDERMOTT dition to premium costs are eliminated. ter care payments in 1986. Although the proc- OF WASHINGTON The standard benefit package is in fact ex- ess was simplified to an extent, some families IN THE HOUSE OF REPRESENTATIVES tremely generous. It covers all inpatient and were still left out. Those families could only re- Thursday, March 18, 1999 outpatient medical services without limits on ceive a tax deduction if they maintained de- duration or intensity except as delineated by tailed expense records to support such deduc- Mr. MCDERMOTT. Mr. Speaker, I rise today outcomes research and practice guidelines tions. to once again introduce the American Health based on quality standards. It provides for Under the Fairness for Foster Care Families Security Act. The single payer plan I propose coverage of comprehensive long-term care, Act, foster care providers would avoid this bur- is the only plan before Congress that will guar- dental services, mental health services and densome record keeping process. This bill antee health care universality, affordability, se- prescription drugs. Cosmetic procedures and guarantees that the payment is tax-free re- curity and choice. other ``frill'' benefits such as private rooms and gardless of the age of the foster care indi- While this Congress lacks the political will to comfort items are not covered. vidual or the type of agency that places the in- enact comprehensive health reform, the un- The extent of state discretion is substantial. dividual provided that the agency is licensed derlying needs for reform remain prevalent: The federal budget is divided into quality as- and certified by the State. health care costs are more unaffordable to surance, administrative, operating, and med- I hope my colleagues will join me in sup- more people and the number of people with- ical education components. The system is fi- porting this legislation. out health insurance continues to rise. These nanced 86% by the federal government and E496 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 14% by the states. That federal pie is then ap- Federal funding to graduate medical education Reynard, 11, said the officers then started portioned among the states. For example, is tied to achieving this ratio. Funding to the using racial slurs. All the children involved in the incident are black. states with large elderly populations can be National Health Service is also provided to One of the girls at the bus stop yelled an expected to require a larger volume of higher achieve this goal. expletive to the officers. Another girl re- intensity services and will receive a larger fed- Special grants are provided to meet the peated the derogatory rebuff, and Pookie eral contribution. However, the states are free needs of underserved areas through en- started laughing. to determine how that money is allocated hanced funding to the community health cen- ‘‘I said, ‘A-hahaha,’ ’’ the 12-year-old said. among types of providers and to negotiate ters, both rural and urban, to enable outreach ‘‘One of the men said, ‘This ain’t no joke. Bring your little ass over her.’ ’’ those allocations according to the state's indi- and other social support mechanisms. In addi- Pookie said he dropped his school books vidual needs, provided federal standards are tion, states have discretion to make special and walked toward the two. When he was met. The ability of HMOs to operate and com- payment arrangements to such facilities to im- within arm’s reach, they grabbed him and pete on a capitated basis is preserved. prove local access to care. It is anticipated slammed him against the police car, he said. The states must demonstrate the efficacy of that the revenue streams established for the ‘‘Pookie walked over to the cop, to the car, their methodologies or federal models will be public health service, community health cen- and as he was walking over, as soon as he got imposed. However, states are not required to ters, and education of primary care providers near them, they took him,’’ said Gary Ham- seek waivers in advance. While the federal ilton, 26, who was driving the school bus the will double the primary care capacity of rural children were waiting to board. government will not make separate allocations and other underserved areas in this country. ‘‘And one cop has his head down, and the to states for capital and operating budgets, the In summary, the American Health Security other tried to get, I guess, what looked like states are free to allocate capital separately to Act will provide all the citizens with the health an arm bar,’’ he said, referring to a method assure adequate distribution of resources care they need at a price both they and their of immobilizing someone’s arms. throughout the state and to develop their own country can afford. It is clear that we cannot Pookie’s left arm then ‘‘just gave away,’’ Hamilton said. The officers then took Pookie mechanisms for doing so. afford the price of doing nothing. to University Medical Center. The financing package reflects the CBO f scoring of this bill's predecessor, H.R. 1200, in FREE SPEECH AT HEART OF CASE INVOLVING the 103d Congress. The numbers were pro- EXPOSING RACISM STUDENT DENIED LAW LICENSE vided by the Joint Committee on Taxation (By Tara Burghart) (JCT) on the basis of the CBO scoring. Ac- HON. BENNIE G. THOMPSON EAST PEORIA, IL. (AP).—In three years of law school Matt Hale made decent grades, cordingly, the bill is fully financed. In fact, JCT OF MISSISSIPPI estimates that the American Health Security participated in student groups, played violin IN THE HOUSE OF REPRESENTATIVES Act will lead to deficit reduction approximating in two orchestras—and worked to revive a $100 billion per year by the year 2004. Thursday, March 18, 1999 white supremacist group that advocates ‘‘ra- cial holy war.’’ Everyone will contribute to the health insur- Mr. THOMPSON of Mississippi. Mr. Speak- A state panel that reviews the ‘‘character ance system, except the very poor. Employers er, in my continuing efforts to document and and fitness’’ of prospective lawyers says will pay 8.7% of payroll and individuals will expose racism in America, I submit the fol- that’s reason enough to refuse Hale a law li- pay 2.2% of their taxable income. A tobacco lowing articles into the CONGRESSIONAL cense. That ruling in turn has prompted de- bate about the balance between free speech tax equal to $0.45 per cigarette pack is also RECORD. imposed. These payroll deductions are lower and an attorney’s obligation to uphold the OFFICERS ACCUSED OF USING RACIAL SLURS, than current insurance costs for most busi- nation’s bedrock belief of equal justice under BREAKING BOY’S ARM the law. nesses and individuals, even while providing LAS VEGAS (AP).—Two Las Vegas off-duty ‘‘The idea that I can’t be lawyer because of universal coverage and a more generous ben- police officers are accused of taunting my views is ludicrous. Plain and simple,’’ efit package than exists in the private market schoolchildren with racial slurs and breaking Hale says, sitting in a home office where an today. The key is that the money necessary to the arm of a 12-year-old boy while arresting Israeli flag serves as a doormat, swastika provide coverage to people who cannot afford him. stickers decorate the walls and the flag of it comes from the administrative savings The Metropolitan Police Department is in- Hale’s group, the World Church of the Cre- achieved through the elimination of the insur- vestigating, and the mother of Parrish ator, hangs from a window. ‘‘Pookie’’ Young Jr., shose arm was broken, Hale’s effort to gain a law license has at- ance company middle man. Americans are tracted some unlikely supporters, including freed from the hassle of obtaining and keeping has contacted an attorney. Police Department spokesman Lt. Rick the Anti-Defamation League and renowned their insurance and have a federal guarantee Alba said Thursday the department began an attorney Alan Dershowitz, who says he may that their health care costs will be paid for, re- internal investigation after the Wednesday help Hale appeal the inquiry panel’s ruling. ‘‘Character committees should not become gardless of who their employer is, where they morning incident through Tammy Lyons, thought police,’’ Dershowitz said. ‘‘It’s not move, or how their personal or family situation Pookie’s mother, has yet to file a compliant the content of the thoughts I’m defending, changes. with the department’s Internal Affairs Bu- it’s the freedom of everybody to express reau. In addition to providing realistic and afford- their views and to become lawyers.’’ able financing, the bill provides quality assur- Lyons’ aunt, Caroline Lyons, said Pookie Hale, 27, grew up in East Peoria, a blue-col- ance mechanisms that enhance system-wide was cited for resisting arrest and impeding lar town on the Illinois River. By his own ac- quality and truly protect the consumer. It at- traffic, both misdemeanors. She said her count he was immersing himself by age 12 in great-nephew’s arm was broken between the tempts to end the interference between doctor books about Nazis and formed a ‘‘Little elbow and the shoulder. Reich’’ group at school. In high school and at and patient. It establishes a system of profiling Twelve-year-old Alex Solomon said the in- practice patterns to identify outliers on a sys- Bradley University he attended ‘‘white cident began when he, Dwayne Childs, 13, power’’ rallies and sent letters filled with ra- tematic basis. Pre-certification of procedures and Pookie met to go to school about 7 a.m. cial slurs to newspapers. and hospitalization (getting permission from in- Wednesday. After making their morning trek He also had a few brushes with the law, in- surers before your doctor can treat you) is to a doughnut shop, they walked to their cluding a citation for littering after trying prohibited except for case management of cat- school bus stop at Mojave Road and Charles- to distribute racist newspapers to homes in astrophic cases. ton Boulevard. Pekin. Practice guidelines and outcomes research Alex said their friend, Zaya Thompson, 12, While attending Southern Illinois Univer- had a can of potato chips, which she tossed are emphasized as the main quality and utili- sity law school Hale was elected head of the to them. The can went into the street, Alex World Church of the Creator. The Anti-Defa- zation control mechanisms which gives physi- said, and he and pookie chased after it. Then, mation League says the group was one of the cians latitude to deviate from cookbook medi- he said, they started ‘‘play fighting’’over it. most violent of its kind in the early 1990s; cine where required for individual cases with- An unidentified woman stopped her car at one member was convicted of killing a black out going through intermediaries. Only if prac- that time and told them to stay out of the Gulf War veteran in 1991 in a Florida parking titioners consistently deviate are they subject road because they could get hurt. lot. to review to ascertain the basis for the pattern Just behind her was a Las Vegas police After the veteran’s family won $1 million of practice. This system includes mechanisms squad car and a white vehicle. An officer in from the church in a lawsuit and its founder uniform got out of the squad car, and an- for education and sanctions including case-by- died, the church foundered, only to experi- other man, who identified himself as an offi- ence a resurgence under Hale, according to case monitoring when the review indicates se- cer, got out of the white vehicle. the league. Hale’s claim of up to 30,000 sup- rious quality problems with a specific provider. The officers scolded the children for run- porters cannot be verified. The need for a 1:1 ratio of primary care ning into the street at the school bus stop, Hale graduated from SIU in May 1998, physicians to specialists is explicitly set forth. but Alex and another student, Candance passed the bar exam and was hired by a CONGRESSIONAL RECORD — Extensions of Remarks E497 Champaign law firm that now says it knew It was only the second federal civil rights Reports from the College Board did not nothing about his views. prosecution involving e-mail threats. spell out the racial makeup of USM/Gulf To receive a law license, Hale and other Quon could face up to seven years in prison Coast programs, Chambliss said. prospective lawyers are required to appeal and nearly $700,000 in fines when he is sen- The USM plan would add 150 freshmen next before a judge or attorney working on behalf tenced on April 26, although he is expected fall to the Gulf Park campus at Long Beach of the Illinois Supreme Court’s committee to receive a 2-year sentence under a plea bar- and 750 freshmen and sophomores over a five- on character and fitness who look for prob- gain. year period. The board plan also proposes a lems including dishonesty, criminal activity, Quon, who was charged in January, re- USM-led higher education center on the Gulf academic misconduct or financial irrespon- mains free on bail pending sentencing. Coast. It would allow five universities in- sibility. Quon, a Chinese-American, said outside cluding Jackson State and Alcorn State, and All but 25 of more than 3,000 applicants last court that he ‘‘snapped’’ and sent the mes- a community college, to teach classes. year were approved at that initial stage. sages in March because he couldn’t stand the ‘‘Persons from every sector of the Gulf Hale was not, and then a three-member in- pressures of being ‘‘a high-achieving college Coast support what we are doing,’’ said USM quiry panel voted 2–1 in December not to student.’’ President Horace Fleming Jr. ‘‘We have sup- give him a license. He is a marketing major at California port from leaders in the black community. ‘‘The balance of values that we strike State Polytechnic University, Pomona. We think it would help everybody.’’ leaves Matthew Hale free, as the First Quon sent the same racially derogatory e- Sen. David Jordan, D-Greenwood, is urging Amendment allows, to incite as much racial mail to 42 professors at California State Uni- the Legislature to more than triple the $4.7 hatred as he desires and to attempt to carry versity, Los Angeles and 25 students at Mas- million the College Board is seeking for out his life’s mission of depriving those he sachusetts Institute of Technology. Ayers funding for the three historically dislikes of their legal rigthts,’’ panel mem- ‘‘The only reason you people are in state black universities. bers wrote. colleges is because of affirmative action,’’ f ‘‘But in our view he cannot do this as an the message read. One copy went to Assemblywoman Gloria officer of the court.’’ LEGISLATION FOR ACTION ON Illinois officials say the last case similar Romero, D-Alhambra, a former Cal State to Hale’s was in the early 1950s, when a law psychology professor. MISSING ISRAELI SOLDIERS— student refused to take an anti-Communist Quon also sent the message to employees H.R. 1175 DIRECTS THE U.S. GOV- loyalty oath. The U.S. Supreme Court last of Indiana University, Xerox Corp., the ERNMENT TO PRESS THIS MAT- considered a similar case in 1971, when two Texas Hispanic Journal, the Internal Rev- TER WITH MID–EAST GOVERN- applicants for law licenses in other states enue Service and NASA’s Ames Research MENTS would not reveal their political beliefs. The Center. Outside of court Monday, Quon apologized court ruled in their favor. The Anti-Defamation League believes Hale for the messages and asked the victims to HON. TOM LANTOS shouldn’t be denied a law license because of forgive him. OF CALIFORNIA The only other federal hate e-mail prosecu- the ‘‘slippery slope’’ it creates, said Andrew tion involved Richard Machado, 21, a natu- IN THE HOUSE OF REPRESENTATIVES Shoenthal, assistant director in the group’s ralized citizen from El Salvador who flunked Chicago office. Thursday, March 18, 1999 out of the University of California, Irvine. For instance, Shoenthal asked, could a He was convicted last year of sending mes- Mr. LANTOS. Mr. Speaker, almost 17 years prospective lawyer who opposes abortion or sages to 59 Asian students on campus, alleg- ago, three Israeli soldiers were captured in supports school prayer be denied a license if edly out of anger because he felt their good northeastern Lebanon following a tank battle a majority in his community held an oppo- grades were raising the standard for others. with Syrian and Palestinian forces near the site view? He was sentenced to a year in jail and was The Illinois State Bar Association has yet town of Sultan Yaqub. One of the men was ordered to undergo racial tolerance coun- to take a position on Hale’s case, but spokes- Sgt. Zachary Baumel, an American citizen liv- seling. man Dave Anderson said the case ‘‘is a hot ing in Israel. His parents also live in Israel and topic (among lawyers) right now, with spir- also are American citizens. The other two ited debate on both sides.’’ SPEEDY RULING SOUGHT FOR AYERS ISSUE Israeli soldiers captured at Sultan Yaqub are Hale, meanwhile, was fired in November by AFFECTING USM-GULF COAST Tzvi Feldman and Yehuda Katz. the law firm because he couldn’t obtain a li- JACKSON, MISS. (AP).—The State College According to press and intelligence reports, cense. He lives with his parents in East Peo- Board will meet Thursday with its lawyers a pro-Syrian faction of the Palestinian Libera- ria, operating out of an office in their home. to discuss questions raised in a complaint When he’s not talking about his white su- over whether university expansion on the tion Organization (PLO) had custody of these premacist beliefs, Hale seems intelligent, po- Gulf Coast will impact the historically black three men initially, but the faction later split lite, and articulate. colleges. from the PLO and took the three prisoners ‘‘I can’t name a Hollywood movie that Last week, plaintiffs in a long-running col- with them. Just hours after the soldiers were made white supremacists look good,’’ he lege desegregation lawsuit filed papers ask- captured, western journalists in Damascus and said. ‘‘We’re always portrayed as hate mon- ing U.S. District Judge Neal Biggers Jr. of Syrian radio reported that three Israeli soldiers gers, villains, uneducated, missing all our Oxford to hold up the University of Southern were paraded through the streets of Damas- teeth, having a shotgun in the backseat and Mississippi Gulf Coast expansion. chewing tobacco.’’ Alvin Chambliss Jr., a law professor at cus in a victory parade. Hale is optimistic he’ll get his license and Texas Southern University and lead attorney Over 10 years later, in 1993, the families of plans to open a solo practice because no law for plaintiffs in the lawsuit, questioned the the MIAs hoped their ordeal might be over firm is likely to hire him. His plans include admissions policies at USM/Gulf Coast oper- when Palestinian Authority Chairman, Yasser challenging affirmative action laws and the ations. Arafat, returned half of Baumel's army dogtag littering law for which he was cited. Chambliss also said he feared the USM up- to Prime Minister Yitzhak Rabin and promised ‘‘For me, the true test of character is grades could interfere with state funding to provide additional information regarding the needed for court-approved remedies. whether a person says what they think, MIAs of Sultan Yaqub. Over 5 years have which is what I have always done,’’ Hale The desegregation case began in January said. ‘‘I believe I show more character than 1975 when the late Jake Ayers Sr. of Glen passed since that time, and no additional in- most attorneys in that I actually practice Allan sued, accusing Mississippi of neglect- formation has been forthcoming from Chair- what I preach.’’ ing the state’s three historically black uni- man Arafat. versities—Jackson State, Alcorn and Mis- According to the Israeli newspaper Ma'ariv sissippi Valley State. The U.S. Supreme (April 24, 1994), French President Jacques STUDENT PLEADS GUILTY TO SENDING Court ruled in 1992 that Mississippi operated THREATENING E-MAILS Chirac raised the issue of the three prisoners a segregated college system. during a visit to Lebanon. He reported on his LOS ANGELES (AP).—A college student has USM wants $2 million for Gulf Coast ex- pleaded guilty to federal civil rights charges pansions. That includes funds for USM-Long conversations in Beirut: ``I spoke to my friend, that he e-mailed hate messages to dozens of Beach and creation of a multi-university the Prime Minister of Lebanon, and he told me Hispanics around the country. higher education center. The Legislature has in no uncertain terms that only [Syrian Presi- Kingman Quon, 22, of Corona pleaded not yet acted on the money. dent Hafez al] Assad knows what happened to guilty Monday in federal court to seven mis- ‘‘We all hope it doesn’t hold up things,’’ the [Israeli] POWs.'' Syrian officials, however, demeanor counts of interfering with feder- said College Board member Nan Baker of Wi- have repeatedly denied knowledge of the ally protected activities. nona. ‘‘A speedy ruling (from the judge) missing men. Specifically, he was accused of threatening would be best for everybody concerned.’’ to use force against his victims with the in- The College Board endorsed the USM/Gulf Syrian practice in the past has been to deny tent to intimidate or interfere with them be- Coast expansion by a 7–5 vote last month. publicly holding such individuals. For example, cause of their national origin or ethnic Critics say Mississippi can’t afford what may the Syrians repeatedly denied knowledge of a background. become a ninth university. group of Palestinians whom they held for over E498 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 a decade; the Palestinian prisoners only be- this a matter within the responsibility of the union locals in town were not admitting African came known when the Syrian government re- government of Syria; Americans. When he joined the Laborers' pav- leased them in 1995. On the basis of this ex- D. Diplomatic efforts to secure their re- ing local that would eventually become Local lease have been unsuccessful, although PLO 113, he had found a home. perience with Syria, it is quite possible that Chairman Yasir Arafat delivered one half of these Israeli MIAs are still alive and under Zachary Baumel’s dog tag to Israeli govern- Bill Johnson rose through the ranks to the Syrian control. ment authorities; and position of Business Manager, ultimately re- Mr. Speaker, I have chosen to introduce this E. In the Gaza-Jericho agreement between sponsible for contract negotiation and adminis- legislation today because this day holds great the Palestinian Authority and the govern- tration, personnel, and all of the union's other significance for the Jewish people. Today is ment of Israel of May 4, 1994, Palestinian of- business. He has also served as Union Trust- the first day of the month of Nissan on the ficials agreed to cooperate with Israel in lo- ee for 30 years and is a trustee of the Labor- Jewish calendar. Nissan is a very important cating and working for the return of Israeli ers' Employers Cooperation Education Trust. month because Jews from around the world soldiers missing in action. As a leader, Bill Johnson earned the respect celebrate Passover and join with their families SEC. 2. ACTION BY THE DEPARTMENT OF STATE. of Local membership. He led by example, with in the observance of the holiday of freedom in A. The Department of State shall raise the dedication to the welfare and professional ad- matter of Zachary Baumel, Yehuda Katz and this month. vancement of the membership. He always re- Zvi Feldman on an urgent basis with appro- membered that a successful union draws It is in the spirit of this month that I ask my priate government officials of Syria, Leb- colleagues in the Congress to join me in help- anon, the Palestinian Authority, and with strength from its members just as they draw ing Zachary Baumel, Tzvi Feldman, and other governments in the region and other strength from the union. Yehuda Katz return to their homes. Sitting in governments elsewhere which in the Depart- After over 40 years, Bill Johnson is retiring the gallery today is Mrs. Miriam Baumel, ment’s view may be helpful in locating and as Business Manager of Laborers Local 113. Zachary Baumel's mother, whose tireless ef- securing the return of these soldiers. His retirement from organized labor does not forts on behalf of H.R. 1175 are a testament B. Decisions with regard to United States mean an end to his public service. Bill has economic and other forms of assistance to been a longtime leader at Mt. Zion Missionary of her deep love for her son and her strong Syria, Lebanon, the Palestinian Authority, support for this legislation. Miriam and hus- Baptist Church, and he presides over the and other governments in the region and church's economic and community develop- band, Yona, have visited communities across United States policy towards these govern- the country and have met with numerous ments and authorities should take into con- ment corporations. Under his direction, I know Members of Congress and congressional staff sideration the willingness of these govern- that these organizations will continue to work in their tireless effort to rally support for their ments and authorities to assist in locating vigorously to bring housing and economic op- son and to end this family tragedy. and securing the return of these soldiers. portunity to Milwaukee's central city. Bill has I have confidence in this house's ability to SEC. 3. REPORT BY THE DEPARTMENT OF STATE. also been active in leadership positions in the do what is right. Mr. Speaker. The Baumel, A. Ninety days after the enactment of this Milwaukee Jobs Initiative, the United Way of Feldman, and Katz families should not have to legislation, the Department of State shall Greater Milwaukee, and Campaign for a Sus- deliver a report in writing to the Congress spend one more night worrying about the fate tainable Milwaukee. detailing its consultations with governments I am proud to join his colleagues, his of Zachary, Tzvi, and Yehuda. pursuant to section 2(A) of this act and H.R. 1175 directs the Department of State friends, and his many admirers in expressing United States policies affected pursuant to my gratitude to Bill Johnson for a lifetime of to raise the fate of these Israeli soldiers with section 2(B) of this act. This report shall be the Palestinian Authority and leaders of the a public document. The report may include a devoted service to Milwaukee's working fami- governments of Syria, Lebanon, and other classified annex. lies. I ask my colleagues to join me in saluting countries in the Middle East in an effort to lo- B. After the initial report to the Congress, Bill and wishing him well as he embarks on a cate and secure the return of these soldiers. the Department of State shall report in writ- new course. This legislation also specifies that U.S. aid to ing within 15 days whenever any additional f information from any source relating to these governments ``should take into consider- these individuals arises. Such report shall be TRIBUTE TO THE BROOKLYN ation the willingness of these governments a public document. The report may include a IRISH-AMERICAN PARADE COM- and authorities to assist in locating and secur- classified annex. MITTEE ing the return of these soldiers.'' The State C. The reports to the Congress identified in Department is directed to report to the Con- paragraph (A) and (B) above shall be made to HON. ANTHONY D. WEINER gress concerning these efforts. the Committee on International Relations of the House of Representatives and to the OF NEW YORK Mr. Speaker, our legislation is introduced in IN THE HOUSE OF REPRESENTATIVES the hope that we can find answers to the Committee on Foreign Relations of the Sen- ate. questions that have haunted the Baumel, Thursday, March 18, 1999 Katz, and Feldman families for almost 17 f Mr. WEINER. Mr. Speaker, I rise today to years. I urge my colleagues to support this invite my colleagues to pay tribute to the A SALUTE TO WILLIAM JOHNSON legislation and help to put an end to this trag- Brooklyn Irish-American Parade Committee on edy. the occasion of it's 24th Annual Brooklyn Irish- H.R. 1175 HON. THOMAS M. BARRETT American Parade. The Brooklyn Irish-American Parade high- To locate and secure the return of Zachary OF WISCONSIN Baumel, an American Citizen, and other IN THE HOUSE OF REPRESENTATIVES lights the cultural, education and historical ac- complishments and contributions of Brooklyn's Israeli soldiers missing in action. Thursday, March 18, 1999 Be it enacted by the Senate and House of Rep- Irish-American community. The Annual Brook- resentatives of the United States of America in Mr. BARRETT of Wisconsin. Mr. Speaker, I lyn Irish-American Parade serves as a cele- Congress assembled, appreciate this opportunity to share with my bration of Brooklyn's cultural diversity and rich- SECTION 1. CONGRESSIONAL FINDINGS. colleagues my esteem and regard for William ness and takes place in historic Park Slope on The Congress finds that Johnson, Business Manager of Laborers the hallowed ground of the Battle of Brooklyn A. Zachary Baumel, an American citizen Union Local 113 in Milwaukee, Wisconsin. On and commemorates the Marylanders, Irish serving in the Israeli military forces, has March 20, his family, friends, union brothers Freedom Fighters and Americans of other eth- been missing in action since June 1982 when and sisters, and admirers will gather to cele- he was captured by forces affiliated with the nic backgrounds who gave their lives to se- Palestinian Liberation Organization (PLO) brate Bill Johnson's over 40 years of service cure independence for all Americans. The following a tank battle with Syrian forces at to Milwaukee workers and to wish him well as Spirit of '76 was, and still is, the ideal of the Sultan Ya’akub in Lebanon; his life begins a new chapter. Brooklyn Irish-American Parade. B. Yehuda Katz and Zvi Feldman, Israeli Bill returned to his native Alabama in 1955, The Parade Committee, it's officers and citizens serving in the Israeli military an honorably discharged veteran of the United members, continue the memorialization of forces, have been missing in action since States Army. He stayed only a couple of ``The Great Famine'' (An Gorta Mor) which June 1982 when they were also captured by weeks before he agreed to join his brother in caused the deaths of over 1,500,000 people in these same forces in a tank battle with Syr- Milwaukee. Ireland and tens of thousands as they traveled ian forces at Sultan Ya’akub in Lebanon; C. These three soldiers were last known to When he arrived in Milwaukee, Bill Johnson to America. During ``The Great Famine'', over be in the hands of a Palestinian faction found work, but he did not immediately find 1,000,000 of Erin's sons and daughters emi- splintered from the PLO and operating in union representation. During the early days of grated to the United States through the port of Syrian-controlled territory, thus making America's struggle for civil rights, many of the New York. CONGRESSIONAL RECORD — Extensions of Remarks E499 The theme of this year's Parade is Wolfe Helenan, I am extremely proud of my friend's care provide better care and extend life ex- Tone and The Good Friday Peace Accords. outstanding accomplishments. pectancy, we must also be cognizant of the Wolfe Tone was an Irish Patriot and founder Born in West Virginia in 1926, Justus care we provide in the last stages of an indi- of the Society of the United Irishman, whose Cunningham (J.C.) Pickett received his B.A. vidual's life. vision of Ireland was neither North nor South, degree from West Virginia University in 1956 It is my hope that by addressing the needs neither Protestant nor Catholic, but one Ire- and his medical degree from the Medical Col- of patients and families dealing with pain and land United and Free. The Good Friday Peace lege of Virginia in 1958. He served as a sur- medical difficulties at the end of life, we can Accords, which were overwhelmingly sup- gical intern from 1958 to 1959, a surgical resi- focus attention on the constructive steps that ported by the people of the North and South, dent from 1959 and 1960, and an orthopaedic can be taken to provide help and assistance gave new hope for an end to sectarian vio- resident from 1960 to 1963, all at the Medical to seniors and other Americans during this lence and a peaceful resolution of political and College of Virginia Hospitals. critical period. We should not allow end of life social differences. The members of the Brook- Dr. Pickett was certified by the American care to be eclipsed by the debate over physi- lyn Irish-American Parade Committee salutes Board of Orthopaedic Surgery in 1955 and be- cian assisted suicide. In my discussions with with gratitude all the peacemakers who se- came a Fellow of the American College of families and physicians, people are concerned cured these accords for the people of Ireland, Surgeons in 1967 and the American Academy with the quality of care and the type of infor- especially the untiring negotiations of former of Orthopaedic Surgeons in 1968. A retired mation available during this difficult period of United States Senator George Mitchell. colonel of the U.S. Air Force Reserve, he one's life. This year's parade is dedicated to the served in a number of important positions: as The Advance Planning and Compassionate memories of Johanna Cronin McAvey of a clinical instructor at Ohio State University, as Care Act builds on the Patient Self-Determina- County Cork, a founder of the Brooklyn Irish- Chief of Staff and Chief of Surgery at Queen tion Act enacted in 1990, which I sponsored, American Parade Committee; Past Grand of the Valley Hospital in Napa, as a board by strengthening many of its provisions. The Marshals Paul O'Dwyer and Patrick member of the Napa County Chapter of the Patient Self-Determination Act requires health McGowan, Past Aides to Grand Marshals American Cancer Society, as orthopaedic con- care facilities to distribute information to pa- Maureen Glynn Connolly, Tom Doherty, Eu- sultant to Napa Valley College, and as team tients regarding existing State laws on living gene Reilly and Irene Stevens. physician for Napa High School and Vintage wills, medical powers-of-attorney, and other The Grand Marshal for the 24th Annual Pa- High School. Dr. Pickett is also a member of advance directives so that individuals can doc- rade is Sister Mary Rose McGeady, D.C., the California Orthopaedic Association and the ument the type of care they would like to re- President and Chief Executive Officer of Cov- Western Orthopaedic Association. ceive at the end of their lives. Since passage enant House who has dedicated her life to Dr. Pickett served as President of the Napa of that legislation, there has been an increase homeless children and their families. Sister County Medical Society from 1980 to 1981, as in the number of individuals who have ad- McGeady has long been known as an inno- a member of the CMA House of Delegates vance directives. However, a Robert Wood vator and beacon of good will to all those from 1977 to 1990, and has been a member Johnson study found that less than half of whose lives she has touched. of CMA's Board of Trustees since 1990. In hospitalized patients who had advanced direc- The Grand Marshall, her Aides Robert Han- that capacity, he was Vice-Chair from 1994 to tives had even talked with any of their doctors ley (Irish Culture) Pipe Major NYC Correction 1995, Chair from 1996 to 1997, and President- about having a directive and only about one- Department Pipe Band; Jane Murphy Elect from 1998 to 1999. third of the patients with advanced directives Parchinsky, Ladies AOH Kings County Board Despite his busy medical practice and dedi- had their wishes documented in their medical and Division 17; James Boyle (Irish Business) cation to his profession and patients, Dr. Pick- records. Snook Inn & Green Isle Inn; Bettyanne ett always finds time to spend with his wife This legislation seeks to address these McDonough (Education) Emerald Society Sandra, his three children, Justus problems and improve the quality of informa- Board of Education; Patrick W. Johnson Cunningham Pickett II, Carrie Laing Pickett, tion provided to individuals in hospitals, nurs- (Kings County AOH & Division 22); Geraldine and John Eastman Brown Pickett, his two ing homes and other health care facilities. It McCluskey Lavery (Gaelic Sports/Young Ire- grandchildren Samantha and Joycelyn, and will encourage seniors and families to have lands Camogie Team); Thomas Daniel Duffy his beloved dog Murphy. Dr. Pickett is also more open and informed communication with (Grand Council, United Emerald Societies/ well known to his friends, family, colleagues health care providers concerning their pref- Housing Authority); Parade Chairperson Kath- and patients as a highly skilled physician, gen- erences for end-of-life care. leen McDonagh; Dance Chairperson Charlie tleman farmer, infrequent golfer, and world Specifically, the bill requires that a trained O'Donnell; Journal Chairperson James class over lover of crossword puzzles. professional be available, when requested, to McDonagh; Raffle Chairperson Eileen Fallon; Mr. Speaker, I believe it is fitting and appro- discuss end-of-life care. It also requires that if Parade Officers, Members and all the citizens priate to honor the lifetime of service Dr. Pick- a patient has an advance directive, it must be of Brooklyn, have joined together to participate ett has given to his community, his state and placed in a prominent part of the medical in this important and memorable event. his nation. Undoubtedly, there are many fami- record where all doctors and nurses can clear- In recognition of their many accomplish- lies in Napa County who are thankful each ly see it. In addition, the bill establishes a 24- ments on behalf of my constituents, I offer my day for Dr. Pickett's service. Napa County is hour hotline and information clearinghouse to congratulations and thanks to the Grand Mar- a health community and its resident can point provide consumers, patients and their families shall, her Aides, the Parade Officers and to Dr. Pickett's service as one reason for this. with information about advance directives and members of the Brooklyn Irish-American Pa- Mr. Speaker, I would like to personally com- end-of-life decision making. rade Committee on the occasion of the Brook- mend Dr. Pickett on his dedication and meri- Included in this legislation is a provision de- lyn Irish-American Parade Committee's 24th torious service, and I wish him well this com- signed to ensure that an advance directive Annual Brooklyn Irish-American Parade. ing year as the new president of the CMA. which is valid in one State will be honored in f f another State, as long as the contents of the advance directive do not conflict with the laws IN HONOR OF J.C. PICKETT, M.D., ADVANCE PLANNING AND COM- of the other State. In addition, the bill requires PRESIDNET OF THE CALFORNIA PASSIONATE CARE ACT OF 1999 the Secretary of Health and Human Services MEDICAL ASSOCIATION to gather information and consult with experts HON. SANDER M. LEVIN on the possibility of a uniform advance direc- HON. MIKE THOMPSON OF MICHIGAN tive for all Medicare and Medicaid bene- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES ficiaries, regardless of where they live. A uni- IN THE HOUSE OF REPRESENTATIVES form advance directive would enable people to Thursday, March 18, 1999 document the kind of care they wish to get at Thursday, March 18, 1999 Mr. LEVIN. Mr. Speaker, on March 17, 1999 the end of their lives in a way that is easily Mr. THOMPSON of California. Mr. Speaker, I reintroduced the Advance Planning and recognizable and understood by everyone. I am pleased today to honor the new Cali- Compassionate Care Act of 1999, along with The Advance Planning and Compassionate fornia Medical Association (CMA) President, my colleagues Representatives JAMES GREEN- Care Act also addresses quality end-of-life Dr. J.C. Pickett, of St. Helena, California. WOOD and DARLENE HOOLEY. This legislation care by responding to the national need for Dr. Pickett has been a longtime leader in intends to respond to the critical needs of the end-of-life standards. It requires the Secretary the Napa community, as well as throughout elderly and their families during often difficult of Health and Human Services, in conjunction the State of California, and as native St. times in their lives. As advancements in health with the Health Care Financing Administration, E500 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 National Institutes of Health, and the Agency vance directive do not conflict with the laws Monmouth College Trustees Board, the Mon- for Care Policy and Research, to develop out- of the other state. mouth County Office of Social Services Board come standards and other measures to evalu- Sec. 6. National Information Hotline for and the Red Bank Community Service Board. End-of-Life Decision-making ate the quality of care provided to patients at HHS, through HCFA, shall establish and Last year, Dr. Donald D. Warner retired the end of their lives. operate directly, or by grant, contract, or after 23 years of service as Superintendent of This legislation also responds to the serious interagency agreement, a clearinghouse and the Red Bank Regional High School District. crisis in pain care. As documented by the In- 24-hour hot-line to provide consumer infor- Dr. Warner began his long and distinguished stitute of Medicine, studies have shown that a mation about advance directives and end-of- career in education 40 years ago, starting out significant proportion of dying patients experi- life decision-making. as a classroom teacher. He earned his ence serious pain despite the availability of ef- Sec. 7. Evaluation of and Demonstration Bachelor's Degree at Temple University and fective pain treatment. In addition, the aggres- Projects for Medicare Beneficiaries his Doctor of Education Degree at the Penn- HHS, through HCFA, will evaluate existing sive use of ineffectual and intrusive interven- innovative programs and also administer sylvania State University. Over the years, he tions at the end of life may actually increase demonstration projects to develop new and has received school and community awards pain and eliminate the possibility for a peace- innovative approaches to providing end-of- too numerous to mention. In his nearly a quar- ful and meaningful end-of-life experience with life care to Medicare beneficiaries. Also, the ter-century in the Red Bank area, he has family and friends. This bill will improve the Secretary shall submit to Congress a report taken on significant community and profes- treatment of pain for Medicare patients with on the quality of end-of-life care under the sional responsibilities, serving on various life threatening diseases. Medicare program, together with any sugges- boards of trustees, foundations and task Currently, Medicare does not generally pay tions for legislation to improve the quality forces in Monmouth County and throughout the cost of self-administered drugs prescribed of such care under that program. Sec. 8. Medicare Coverage of Self-Adminis- the State of New Jersey. for outpatient use. The only outpatient pain tered Medication for Certain Patients with A native of Pennsylvania, Dr. Warner now medications currently covered by Medicare are Chronic Pain lives in Tinton Falls, NJ, with his wife Mer- those that are administered by a portable Medicare will provide coverage for self-ad- cedes, a teacher in the Tinton Falls District. pump. It is widely recognized among physi- ministered pain medications prescribed for The Warners' three children have all achieved cians treating patients with cancer and other outpatients with life-threatening disease and impressive successÐnot surprising, given the life-threatening diseases that self-administered chronic pain. (These medications are cur- commitment to hard work and excellence in- pain medications, including oral drugs and rently covered by Medicare only when ad- stilled in them by both of their parents. Despite ministered by portable pump). transdermal patches, are alternatives that are his retirement, Dr. Warner has remained ac- equally effective at controlling pain, less costly f tive in community affairs, while a scholarship and more comfortable for the patient. To ad- RED BANK MEN’S CLUB 50TH ANNI- being established in his honor will further his dress this inadequacy in coverage, the bill re- VERSARY: ‘‘UNITY—PAST, legacy as an educator by providing opportuni- quires Medicare coverage for self-adminis- PRESENT, FUTURE’’ ties for students to expand their educational tered pain medications prescribed for out- opportunities for years to come. patient use for patients with life-threatening Mr. Speaker, the Red Bank Men's Club has disease and chronic pain. HON. FRANK PALLONE, JR. been instrumental over the years in supporting The bill also focuses on the need to develop OF NEW JERSEY youth through scholarships for higher edu- models to improve end-of-life care. The bill IN THE HOUSE OF REPRESENTATIVES cation. Many members of the Club serve as provides funding for demonstration projects to Thursday, March 18, 1999 mentors and tutors for youth in the community. develop new and innovative approaches to im- I congratulate the leaders and members of the proving end-of-life care provided to Medicare Mr. PALLONE. Mr. Speaker, on Saturday, Red Bank Men's Club, and wish them many beneficiaries. It also includes funding to evalu- April 17, 1999, the members of the Red Bank, years of continued success. ate existing pilot programs that are providing NJ, Men's Club will be celebrating their fiftieth f innovative approaches to end-of-life care. anniversary with a formal dinner ball to be Mr. Speaker, the legislation we are pro- held at the PNC Arts Center in Holmdel, NJ. INTRODUCTION OF H.R. 1150, THE posing seeks to improve the quality of care for The theme for the evening, which will be JUVENILE CRIME CONTROL AND individuals and their families experiencing the chaired by Mr. Gary Watson, is ``UnityÐPast, DELINQUENCY PREVENTION ACT last stages of life so they may do so together Present and Future.'' Two of the Red Bank with dignity, independence and compassion. area's leading citizens, James W. Parker, Jr., HON. MICHAEL N. CASTLE M.D., and Donald D. Warner, Ed.D., will be SUMMARY: ADVANCE PLANNING AND OF DELAWARE honored at the ball. COMPASSIONATE CARE ACT IN THE HOUSE OF REPRESENTATIVES Dr. James W. Parker, Jr., was born in Red SECTION 1. TITLE Bank, where he attended the public schools Thursday, March 18, 1999 Sec. 2. Development of Standards to Assess and began his lifelong membership in the End-of-Life Care Mr. CASTLE. Mr. Speaker, I am pleased to The HHS Secretary, through HCFA, NIH, Shrewsbury Avenue AME Zion Church. He at- join with my colleague from Pennsylvania, Mr. and AHPR, shall develop outcome standards tended Howard University, graduating in 1940 GREENWOOD, to introduce H.R. 1150, the Ju- and measures to evaluate the performance with a B.S. degree, and earning his M.D. de- venile Crime Control and Delinquency Preven- and quality of health care programs and gree in 1944. He also attained the rank of tion Act. It is essential that Congress join to- projects that provide end-of-life care to indi- First Lieutenant in the U.S. Army. After serving gether to fight and reduce the rising rates of viduals. his residency in Norfolk, Va., he came back crime, particularly violent crime among chil- Sec. 3. Study and Recommendation to Con- home to Red Bank and opened a private prac- gress on Issues Relating to Advance Direc- dren. tive Expansion tice. The Korean War interrupted his career on Our children are our most important re- HHS will study and report to Congress on the home front, as Dr. Parker went to serve source. They are our future teachers, doctors, ways to improve the uniformity of advance his country as a Captain in Korea with a Bat- lawyers, engineers, and parents. We need to directives. talion Air Station on the front line, and later in make sure that we do everything in our power Sec. 4. Study and Legislative Proposal to Japan. After the war, he returned to private to keep them safe from harm and prevent Congress family practice, as well as serving on the med- them from becoming involved in at-risk activi- HHS shall study and report to Congress on ical staff at Monmouth Medical Center in Long all matters relating to the creation of a na- ties, such as drugs, alcohol abuse, and crime. tional, uniform policy on advance directives. Branch, NJ, and Riverview Medical Center in In 1996 alone, there were over 100,000 ar- Sec. 5. Expansion of Advance Directives Red Bank. rests of children and youth under the age of Individuals in hospitals, nursing homes Dr. Parker was married to Alice Williams 18 for violent crimes. Over 1,000 of those and health care facilities will have an oppor- Parker in 1944. They have two children and crimes were committed by those under the tunity to discuss issues relating to advance four grandchildren. His community involvement age of 10 and 6,500 were committed by directives with an appropriately trained in- has been and continues to be extensive, in- youths between the ages of 10 and 12. In my dividual. Advance directives must be placed cluding service to the YMCA, the Red Bank home state of Delaware, one out of every five prominently in a patient’s medical record. This section also ensures portability of ad- Board of Health, the American Red Cross, the persons arrested in 1996 was a juvenile. vance directives, so that an advance direc- Red Bank Board of Education, where he The key to lowering these statistics and tive valid in one state will be honored in an- served as vice President, the Monmouth stopping juvenile crime in its tracks is preven- other state, as long as the contents of the ad- County Welfare Board, which he chaired, the tion and that is what we do in the Juvenile CONGRESSIONAL RECORD — Extensions of Remarks E501 Crime Control and Delinquency Prevention across the Nation. They have established net- Leonard and Grace Paulson and with best Act. This bill acknowledges that most success- works of trained volunteer service officers who wishes for health and happiness in the years ful solutions to juvenile crime are developed at have helped millions of veterans and their ahead. the state and local levels by people who un- families secure the education, disability com- f derstand the unique characteristics of youth in pensation, pension, and health care benefits their particular area. H.R. 1150 goes a long they are entitled to receive as a result of their INTRODUCTION OF LEGISLATION way toward providing states and local pro- military service. Moreover, veterans service or- REGARDING THE viders with more flexibility in addressing juve- ganizations have been deeply involved in MEDICARE+CHOICE PROGRAM nile crime by reducing burdensome state re- countless local community service projects quirements and streamlining current law. and have been constant reminders of the HON. BARBARA CUBIN Funds in H.R. 1150 can be used for preven- American values of duty, honor, and national OF WYOMING tion activities, including for hiring probation of- service. IN THE HOUSE OF REPRESENTATIVES With more than 25 million veterans serving ficers to monitor youth to ensure they abide by Thursday, March 18, 1999 the terms of their probation. The bill also ac- as living reminders of the greatness of our Na- knowledges that interventions and prevention tion, it is only fitting and proper that their dedi- Mrs. CUBIN. Mr. Speaker, today I am intro- activities such as educational assistance, job cated and professional service in times of war ducing a Concurrent Resolution to ensure that training employment services are effective and peace be celebrated in the unique and Medicare beneficiaries will continue to have tools in reducing and preventing juvenile lasting manner by which the Postal Service access to the types of medical care they need. crime. Also included in this bill is the Runaway has honored past heroes. The Postal Service Regrettably, the Medicare+Choice regulations Homeless Youth Act, which targets prevention has seen fit in recent years to memorialize do not ensure that Medicare beneficiaries par- as the best means to combat juvenile violent flowers, dinosaurs, dolls, movie monsters, ticipating in the Medicare+Choice Program re- crime. H.R. 1150 authorizes programs to keep household pets, and even cartoons, but it has ceive coverage for chiropractic services like youth off the streets and away from criminal been intransigent regarding our veterans. This they do under traditional Medicare. activity, so they will never even have the op- ought not be so. Medicare beneficiaries have access to chiro- portunity to become involved in violent crime. I look forward to working with my col- practic services through Medicare Part B. The Juvenile Crime Control and Delinquency leaguesÐand the list of cosponsors indicates When the Medicare+Choice Program was cre- Prevention Act provides the missing link in our this is a serious matter on both sides of the ated, Congress stated its intention that all efforts to combat juvenile crime. aisleÐto establish this momentous issuance. services covered under Medicare Parts A and Identical legislation to H.R. 1150 passed the f B would be included in the program. It is un- House of Representatives by a vote of 413 to fortunate that the such services might not be 14 last year. This widely supported legislation COMMEMORATING THE ANNIVER- available under the new program. can go a long way in providing kids support SARY OF LEONARD AND GRACE The Medicare+Choice program allows Medi- when they are most in need. PAULSON care beneficiaries to participate in a managed f care system. For many people, such a system HON. JOHN R. THUNE will better meet their needs. It was also the in- REGARDING H. CON. RES. 60 OF SOUTH DAKOTA tention of Congress, while expanding health IN THE HOUSE OF REPRESENTATIVES care choices, to find cost-effective means of providing care. HON. JOHN D. DINGELL Thursday, March 18, 1999 OF MICHIGAN I urge my colleagues in the House to join IN THE HOUSE OF REPRESENTATIVES Mr. THUNE. Mr. Speaker, I rise today to me in rectifying this problem by supporting this pay tribute to Mr. and Mrs. Leonard Paulson bill. Thursday, March 18, 1999 of Clark, South Dakota, on their fiftieth wed- f Mr. DINGELL. Mr. Speaker, I am particularly ding anniversary. The Paulsons were married pleased to introduce H. Con. Res. 60 telling on March 19, 1949 at Garden City, South Da- PERSONAL EXPLANATION the United States Postal Service that the Con- kota. There they lived, worked and raised six gress believes it should issue a series of com- children, James, Sandra, David, Chantel, HON. XAVIER BECERRA memorative postage stamps honoring vet- Bruce, and Lori. Leonard and Grace were ex- OF CALIFORNIA erans service organizations across the Nation. ceptional role models for their family and IN THE HOUSE OF REPRESENTATIVES As we are aware, this year, the Veterans of strived to give their children a solid Christian Thursday, March 18, 1999 Foreign Wars of the United States will observe home. And today, all six of their children re- the 100th Anniversary of its founding. This im- side in South Dakota with their families. Mr. BECERRA. Mr. Speaker, I was traveling portant occasion represents the perfect oppor- Throughout the past 50 years, Mr. and Mrs. on official business with President Clinton on tunity to recognize the service of America's Paulson have been active members of our his trip to Central America last week and veterans, but the Postal Service has turned a community. As members of the St. Paul Lu- therefore was unable to cast votes on March deaf ear to numerous requests from veterans theran Church, both Leonard and Grace 10 and 11, 1999. The votes I missed on those organizations, Members of Congress, and the served their fellow members through various days include rollcall vote 34 on Approving the American public to issue even a single stamp church activities and organizations. Leonard Journal; rollcall vote 35 on passage of H.R. this year for this noble purpose. also served on several agricultural and edu- 540, the Nursing Home Resident Protection There are numerous organizations that de- cational boards in the Clark County area, and Amendments; rollcall vote 36 on Ordering the serve commendation, including the American continues to be a member of the Clark Lions Previous Question; rollcall vote 37 on the Holt Legion, AMVETS, Blinded Veterans of Amer- Club. Grace continues to serve in the church, Amendment to H.R. 800, the Education Flexi- ica, Disabled American Veterans, Jewish War and is also active in the Clark Lady Lions bility Partnership Act; rollcall vote 38 on the Veterans, Paralyzed Veterans of America, Club. Ehlers Amendment to H.R. 800; rollcall vote Vietnam Veterans of America, and the Polish Today, Mr. and Mrs. Paulson reside in the 39 on the George Miller amendment to H.R. League of American Veterans of which I am same farm house since the day of their mar- 800; rollcall vote 40 on the Scott amendment proud to be one. And, these organizations riage in 1949. They enjoy spending time with to H.R. 800; rollcall vote 41 on passage of would be specifically honored with the V.F.W. their children and grandchildren, both at their H.R. 800; rollcall vote 42 on passage of H.R. The Postal Service should be doing all it can farm and at their cabin on Lake Kampeska. 808, the Short Term-Extension of Farm Bank- to make this happen. Veterans have fought for Mr. Speaker, it is with great pleasure that I ruptcy Law; rollcall vote 43 on passage of H. our liberties, they should not have to fight for recognize this outstanding American couple. It Res. 32, a resolution Expressing Support for appropriate recognition. is obvious to me that Leonard and Grace Open Elections in Indonesia; rollcall vote 44 From the time of the Founding Fathers, worked as a team to raise their family and on H. Con. Res. 28, a resolution Criticizing American service personnel have sacrificed give back to their community through service. China for its Human Rights Abuses; rollcall dearly to defend our country and its ideals. The dedication they demonstrate to the institu- vote 45 on Ordering the Previous Question; But their service is not confined to the battle- tion of marriage and our community provides rollcall vote 46 on Agreeing to the Resolution; ground. Over time, veterans organizations many Americans with an example to follow. I rollcall vote 47 to Sustain the Rule of the have ably represented the interests of vet- invite my colleagues to join in extending our Chair; rollcall vote 48 on the Fowler Amend- erans in the Congress and State Legislatures congratulations on this milestone occasion to ment to H. Con. Res. 42, a resolution on E502 CONGRESSIONAL RECORD — Extensions of Remarks March 18, 1999 Peacekeeping Operations in Kosovo; and roll- PERSONAL EXPLANATION 42. Had this scheduling conflict not prevented call vote 49 on passage of H. Con. Res. 42. me from being in the House on the evening of Had I been present for the preceding votes, HON. TED STRICKLAND March 11, I would have voted the following: I would have voted ``yes'' on rollcall votes 34, OF OHIO ``Yea''ÐH. Con. Res. 42 [Roll No. 49]Ðon IN THE HOUSE OF REPRESENTATIVES 35, 37, 38, 39, 40, 42, 43, 44, and 49. I would agreeing to the resolutionÐpeacekeeping op- have voted ``no'' on rollcall votes 36, 41, 45, Thursday, March 18, 1999 erations in Kosovo. ``Nay''ÐH. Con. Res. 42 46, 47, and 48. Mr. STRICKLAND. Mr. Speaker, on March [Roll No. 48]Ðon agreeing to the amend- 11, 1999, due to a prior personal commitment, mentÐFowler of Florida to Gejdenson of Con- I was unable to cast my vote on H. Con. Res. necticut Thursday, March 18, 1999 Daily Digest Senate Stevens (for McCain) Amendment No. 82, to ex- Chamber Action tend the aviation insurance program through May Routine Proceedings, pages S2881–S2977 31, 1999. Pages S2900±01 Measures Introduced: Twelve bills and three reso- Stevens (for Grassley) Amendment No. 83, to ex- lutions were introduced, as follows: S. 656–667, S.J. pedite adjudication of civil monetary penalties by Res. 15, and S. Res. 69–70. Pages S2934±35 the Department of Health and Human Services Ap- peals Board. Pages S2900±01 Measures Reported: Reports were made as follows: Stevens (for Shelby/Stevens) Amendment No. 84, S. 334, to amend the Federal Power Act to re- to make a technical correction with regard to Title move the jurisdiction of the Federal Energy Regu- 49 Recodification. Pages S2900±01 latory Commission to license projects on fresh waters Stevens (for Byrd) Amendment No. 85, to make in the State of Hawaii. (S. Rept. No. 106–26) a technical correction with regard to the Emergency Page S2934 Steel Loan Guarantee Program. Pages S2900±01 Measures Passed: Stevens (for Frist/Thompson) Amendment No. 86, Legal Representation: Senate agreed to S. Res. to increase, with a rescission, the supplemental ap- 70, to authorize representation of Senate and Mem- propriations for fiscal year 1999 for military con- bers of the Senate in the case of James E. struction for the Army National Guard. Pietrangelo, II v. United States Senate, et al. Pages S2900±01 Stevens Amendment No. 87, to provide that the Page S2934 taking of a Cook Inlet beluga whale under the ex- Greek Independence Day: Committee on the Ju- emption provided in section 101(b) of the Marine diciary was discharged from further consideration of Mammal Protection Act between the date of the en- S. Res. 50, designating March 25, 1999, as ‘‘Greek actment of this Act and October 1, 2000 shall be Independence Day: A Day of Celebration of Greek considered a violation of such Act unless such taking and American Democracy’’, and the resolution was occurs pursuant to a cooperative agreement between then agreed to. Page S2976 the National Marine Fisheries Service and Cook Inlet National Inhalants and Poisons Awareness Marine Mammal Commission. Pages S2900±01 Week: Committee on the Judiciary was discharged Stevens Amendment No. 88, to provide that from further consideration of S. Res. 47, designating funds provided in the Department of Commerce, the week of March 21 through March 27, 1999, as Justice and State, the Judiciary, and Related Agen- ‘‘National Inhalants and Poisons Awareness Week’’, cies Appropriations Act, 1999 (P.L. 105–277, Divi- sion A, Section 101(b)) for the construction of a cor- and the resolution was then agreed to. Pages S2976±77 rectional facility in Barrow, Alaska shall be made Emergency Supplemental Appropriations: Senate available to the North Slope Borough. Pages S2900±01 continued consideration of S. 544, making emer- Stevens (for Helms/McConnell) Amendment No. gency supplemental appropriations and rescissions for 93, relating to activities funded by the appropria- recovery from natural disasters, and foreign assist- tions to the Central America and the Caribbean ance, for the fiscal year ending September 30, 1999, Emergency Disaster Recovery Fund. Pages S2916±17 taking action on the following amendments: Stevens (for Reid) Amendment No. 94, to make Pages S2881±S2923, S2929±32 available certain funds for technical assistance related Adopted: to shoreline erosion at Lake Tahoe, Nevada caused by Stevens Amendment No. 80, to defer certain high lake levels. Pages S2916±17 funds for use in connection with expiring or termi- Stevens (for Kyl) Amendment No. 95, to make nating section 8 contracts until October 1, 1999. available certain funds for emergency repairs to the Pages S2898±99 Headgate Rock Hydroelectric Project. Pages S2916±17 D299 D300 CONGRESSIONAL RECORD — DAILY DIGEST March 18, 1999 Stevens (for Domenici) Amendment No. 96, to re- for Central American countries affected by Hurricane scind certain funds made available for the Lacka- Mitch. Pages S2919±22 wanna River, Scranton, Pennsylvania. Pages S2916±17 Stevens (for Daschle) Amendment No. 109, to Stevens (for Jeffords/Bingaman) Amendment No. provide relief to the White River School District 97, to provide that the Agency for International De- #47–1, White River, South Dakota. Pages S2919±22 velopment should undertake efforts to promote refor- Stevens (for Daschle) Amendment No. 110, to estation, with careful attention to the choice, place- provide for equal pay treatment of certain Federal ment, and management of species of trees consistent firefighters. Pages S2919±22 with watershed management objectives designed to Stevens (for Dorgan/Craig) Amendment No. 112, minimize future storm damage, and to promote en- to express the sense of the Senate that a pending sale ergy conservation through the use of renewable en- of wheat and other agricultural commodities to Iran ergy and energy-efficient services and technologies. be approved. Pages S2922±23 Pages S2916±17 Stevens (for Gregg) Amendment No. 113, to pro- Stevens (for Levin) Amendment No. 98, to au- vide for a limitation on certain fishing permits or thorize the disposal of the zirconium ore in the Na- authorizations. Pages S2922±23 tional Defense Stockpile. Pages S2916±17 Stevens (for Crapo) Amendment No. 114, to Stevens (for Domenici) Amendment No. 100, to transfer funds from the environmental program and expand the jurisdiction of the State of New Mexico management account of the Environmental Protec- portion of the Southwest Border High Intensity tion Agency to the State and tribal assistance grant Drug Trafficking Area to include Rio Arriba Coun- account. Page S2929 ty, Santa Fe County, and San Juan County and to Stevens (for Kohl/Harkin/Durbin) Amendment provide specific funding for these three counties. No. 115, to provide funding for conservation tech- Pages S2929±31 Pages S2919±22 nical assistance. Stevens (for Roberts) Amendment No. 101, to Stevens (for Bond) Amendment No. 116, to ap- provide relief from unfair interest and penalties on propriate additional funds to the fund maintained for refunds retroactively ordered by the Federal Energy funds made available under section 32 of the Act of August 24, 1935, and to authorize the Secretary of Regulatory Commission. Pages S2919±22 Agriculture to waive the limitation on the amount Stevens Amendment No. 102, to exempt non-In- of such funds that may be devoted during fiscal year dian Health Service and non-Bureau of Indian Affairs 1999 to 1 agricultural commodity or product there- funds from section 328 of the Interior Department of, with an offset. Pages S2929±31 and Related Agencies Appropriations Act for fiscal Stevens (for Byrd/Stevens) Amendment No. 117, year 1999. Pages S2919±22 to provide funding for rural water infrastructure. Stevens (for Grams) Modified Amendment No. Pages S2929±31 103, to provide funding for annual contributions to Stevens Amendment No. 118, to make available public housing agencies for the operation of low-in- certain funds to any State determined by the Sec- come housing projects. Pages S2919±23 retary of Agriculture to have been materially affected Stevens (for Lincoln) Amendment No. 104, to by the commercial fishery failure or failures declared provide for watershed and flood prevention debris re- by the Secretary of Commerce in September, 1998 moval that would not be authorized under the Emer- under section 312(a) of the Magnuson-Stevens Fish- gency Watershed Program. Pages S2919±22 ery Conservation and Management Act. Stevens (for Gorton) Amendment No. 105, to pro- Pages S2929±31 hibit the Secretary of Agriculture from assessing a Stevens (for Feinstein/Boxer) Amendment No. premium adjustment for club wheat when calcu- 119, to increase emergency grants to assist low-in- lating loan deficiency payments and to require the come migrant and seasonal farmworkers under sec- Secretary to compensate producers of club wheat for tion 2281 of the Food, Agriculture, Conservation, any previous premium adjustment. Pages S2919±22 and Trade Act of 1990, and to provide for increase Stevens Amendment No. 106, relating to com- in the amount of rescissions and offsets for the Food mercial fishing and compensation eligibility in Gla- Stamp Program. Pages S2929±31 cier Bay. Pages S2919±22 Stevens (for DeWine) Amendment No. 120, to Stevens (for Gorton) Amendment No. 107, to ex- provide authority and appropriations for the Depart- pand the eligibility of emergency funding to replace- ment of State to carry out certain counterdrug re- ment and repair of power generation equipment. search and development activities. Pages S2931±32 Pages S2919±22 Rejected: Stevens (for Landrieu) Amendment No. 108, to Specter Amendment No. 77, to permit the Sec- provide funds to expand the home building program retary of Health and Human Services to waive March 18, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D301 recoupment of Federal government medicaid claims A unanimous-consent agreement was reached pro- to tobacco-related State settlements if a State uses a viding for the Committee on Foreign Relations to be portion of those funds for programs to reduce the discharged from further consideration of the resolu- use of tobacco products, to improve the public tion, and the Senate proceed to its consideration. health, and to assist in the economic diversification Pages S2923±24 of tobacco farming communities. (By 71 yeas to 29 Education Flexibility Partnership Act—Con- nays (Vote No. 53), Senate tabled the amendment.) ferees: By unanimous consent, the Chair was author- Pages S2881±97 ized to appoint the following conferees to H.R. 800, Hutchinson Amendment No. 89, to require prior to provide for education flexibility partnerships: Sen- congressional approval before the United States sup- ators Jeffords, Gregg, Frist, DeWine, Enzi, Hutch- ports the admission of the People’s Republic of inson, Collins, Brownback, Hagel, Sessions, Ken- China into the World Trade Organization. (By 69 nedy, Dodd, Harkin, Mikulski, Bingaman, yeas to 30 nays (Vote No. 54), Senate tabled the Wellstone, Murray, and Reed. Page S2977 amendment.) Pages S2902±10, S2915 Messages From the President: Senate received the Torricelli Amendment No. 92, to terminate the following messages from the President of the United funding and investigation of any independent coun- States: sel in existence more than 3 years, 6 months after Transmitting the annual report of the National the termination of the independent counsel statute. Endowment for Democracy for fiscal year 1998; re- (By voice vote, Senate tabled the amendment.) ferred to the Committee on Foreign Relations. Pages S2910±16 (PM–17). Page S2934 Pending: Transmitting the report of the Corporation for Hutchison Amendment No. 81, to set forth re- Public Broadcasting; referred to the Committee on strictions on deployment of United States Armed Commerce, Science, and Transportation. (PM–18). Forces in Kosovo. Pages S2899±S2900 Page S2934 Stevens (for Enzi) Amendment No. 111, to pro- hibit the Secretary of the Interior from promulgating Nominations Received: Senate received the fol- certain regulations relating to Indian gaming and to lowing nominations: prohibit the Secretary from approving class III gam- Brian E. Sheridan, of Virginia, to be an Assistant Secretary of Defense. ing without State approval. Page S2922 Senate earlier adopted Amendment No. 111 (list- 2 Air Force nominations in the rank of general. ed above) and by unanimous consent vitiated its 1 Army nomination in the rank of general. Routine lists in the Air Force, Army, Marine adoption. Page S2922 A unanimous-consent agreement was reached pro- Corps, Navy. Page S2977 viding for the consideration of certain amendments Messages From the President: Page S2934 to be proposed to the bill, and that following dis- Messages From the House: Page S2934 position of these amendments, the bill be advanced to third reading and passed, and that when the Sen- Measures Referred: Page S2934 ate receives the House companion bill, the House Measures Read First Time: Page S2977 bill be passed, after striking all after the enacting Statements on Introduced Bills: Pages S2934±61 clause and inserting in lieu thereof the text of the Additional Cosponsors: Pages S2961±62 Senate bill (S. 544), as amended. Further, that the Senate insist on its amendment, request a conference Amendments Submitted: Pages S2962±68 with the House, the Chair be authorized to appoint Notices of Hearings: Pages S2968±69 conferees on the part of the Senate, and the Senate Authority for Committees: Page S2969 bill be placed back on the Calendar. Pages S2917±18 A unanimous-consent agreement was reached pro- Additional Statements: Pages S2969±76 viding for further consideration of the bill on Friday, Record Votes: Two record votes were taken today. March 19, 1999. Page S2977 (Total—54) Pages S2897, S2915 Cuban Human Rights: Senate began consideration Adjournment: Senate convened at 9:30 a.m., and of S. Res. 57, expressing the sense of the Senate re- adjourned at 8:33 p.m., until 9:45 a.m., on Friday, garding the human rights situation in Cuba, after March 19, 1999. (For Senate’s program, see the re- the Committee on Foreign Relations was discharged marks of the Acting Majority Leader in today’s from further consideration. Pages S2923±29 Record on page S2977.) D302 CONGRESSIONAL RECORD — DAILY DIGEST March 18, 1999 Commanding General, I Corps and Fort Lewis; Lt. Committee Meetings Gen. William F. Kernan, USA, Commanding Gen- (Committees not listed did not meet) eral, XVIII Airborne Corps and Fort Bragg; Lt. Gen. Leon J. LaPorte, USA, Commanding General, III APPROPRIATIONS—CIVILIAN Corps and Fort Hood; Maj. Gen. Roger C. Schultz, RADIOACTIVE WASTE/ENVIRONMENTAL ARNG, Director, Army National Guard; and Maj. MANAGEMENT Gen. Thomas J. Plewes, USAR, Chief, Army Re- Committee on Appropriations: Subcommittee on Energy serve. and Water Development concluded hearings on pro- 2000 BUDGET posed budget estimates for fiscal year 2000 for the Department of Energy, after receiving testimony in Committee on the Budget: Committee ordered favorably behalf of funds for their respective activities from reported an original concurrent resolution setting Lake H. Barrett, Acting Director, Office of Civilian forth the congressional budget for the United States Radioactive Waste Management; and James M. Government for fiscal years 2000 through 2009. Owendoff, Acting Assistant Secretary for Environ- OPEN SPACE AND ENVIRONMENTAL mental Management, both of the Department of En- QUALITY ergy. Committee on Environment and Public Works: Com- APPROPRIATIONS—NASA mittee concluded hearings to examine the loss of Committee on Appropriations: Subcommittee on VA, open space and environmental quality, focusing on HUD, and Independent Agencies concluded hearings sprawl and development, and related proposals, after on proposed budget estimates for fiscal year 2000 for receiving testimony from Senators Landrieu, Fein- the National Aeronautics and Space Administration, stein, and Leahy; David Hayes, Counselor to the Sec- after receiving testimony from Daniel S. Goldin, Ad- retary of the Interior; Maryland Governor Parris N. ministrator, National Aeronautics and Space Admin- Glendening, Annapolis; Andrew Falender, Appa- istration. lachian Mountain Club, Boston, Massachusetts; Chris Montague, Montana Land Reliance, Billings; and R. APPROPRIATIONS—ENERGY Max Peterson, International Association of Fish and Committee on Appropriations: Subcommittee on the In- Wildlife Agencies, Roy Kienitz, Surface Transpor- terior and Related Agencies concluded hearings on tation Policy Project, and Ralph Grossi, American proposed budget estimates for fiscal year 2000 for Farmland Trust, all of Washington, D.C. the Department of Energy, focusing on energy con- MEDICARE FINANCIAL STATUS servation, fossil energy research and development, and other related programs, after receiving testimony Committee on Finance: Committee continued hearings from Bill Richardson, Secretary of Energy. to examine spending and enrollment patterns in the Medicare program, the impact on those patterns of AUTHORIZATION—DEFENSE Medicare savings in the Balanced Budget Act of Committee on Armed Services: Committee concluded 1997, the Medicare+Choice Program, and the Presi- hearings on proposed legislation authorizing funds dent’s proposed budget request for fiscal year 2000 for fiscal year 2000 for the Department of Defense, for Medicare, including issues associated with ex- and the future years defense program, after receiving panding coverage, fee-for-service spending reduc- testimony from Gen. Dennis J. Reimer, USA, Chief tions, trust fund proposal, and prescription drug of Staff of the Army; Adm. Jay L. Johnson, USN, benefits, after receiving testimony from Dan L. Chief of Naval Operations; Gen. Charles C. Krulak, Crippen, Director, Congressional Budget Office; and USMC, Commandant of the Marine Corps; and Gen. David M. Walker, Comptroller General of the Michael E. Ryan, USAF, Chief of Staff of the Air United States, General Accounting Office. Force. INDONESIA ELECTIONS AIR FORCE AND ARMY READINESS Committee on Foreign Relations: Subcommittee on East Committee on Armed Services: Subcommittee on Readi- Asian and Pacific Affairs held hearings to examine ness and Management Support concluded hearings to recent developments in Indonesia, focusing on new examine the readiness of the United States Air Force election laws, the election schedule, disproportionate and Army operating forces, after receiving testimony government control, economic reform, and political from Gen. Richard E. Hawley, USAF, Commanding stability, after receiving testimony from Stanley O. General, Air Combat Command; Gen. Charles T. Roth, Assistant Secretary of State for East Asian and Robertson, USAF, Commanding General, Air Mobil- Pacific Affairs; and Edward E. Masters, United ity Command; Lt. Gen. George A. Crocker, USA, States-Indonesia Society, Sidney Jones, Asia Division March 18, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D303 of the Human Rights Watch, and R. Michael improve the access and choice of patients to quality, Gadbaw, United States-Indonesia Business Com- affordable health care, with an amendment in the na- mittee, US–ASEAN Business Council, all of Wash- ture of a substitute. ington, D.C. Hearings recessed subject to call. INTELLIGENCE Select Committee on Intelligence: Committee held closed BUSINESS MEETING: PATIENTS’ BILL OF hearings on intelligence matters, receiving testimony RIGHTS ACT from officials of the intelligence community. Committee on Health, Education, Labor, and Pensions: Committee will meet again on Wednesday, March Committee ordered favorably reported, S. 326, to 24. h House of Representatives Earlier, the House agreed to H. Res. 120, the rule Chamber Action that provided for consideration of the bill by a yea Bills Introduced: 36 public bills, H.R. 1175–1210; and nay vote of 239 yeas to 185 nays, Roll No. 57. and 10 resolutions, H. Con. Res. 60–66, and H. Pages H1411±20 Res. 122–124 were introduced. Pages H1471±73 Meeting Hour—March 22: Agreed that when the Reports Filed: One Report was filed today as fol- House adjourns today, it adjourn to meet at 2 p.m. lows: on Monday, March 22. Page H1449 H.R. 70, to amend title 38, United States Code, Calendar Wednesday: Agreed that business in to enact into law eligibility requirements for burial order under the Calendar Wednesday rule be dis- in Arlington National Cemetery (H. Rept. 106–70). pensed with on March 24. Page H1449 Page H1471 Joint Economic Committee: The Chair announced Guest Chaplain: The prayer was offered by the the Speaker’s appointment of Representatives: San- guest Chaplain, Father Martin G. Heinz of Rockford, ford, Doolittle, Campbell, Pitts and Ryan of Wis- Illinois. Page H1409 consin to the Joint Economic Committee. Page H1449 Missile Defense Policy: The House passed H.R. 4, Board of Trustees for the JFK Center for Per- to declare it to be the policy of the United States forming Arts: The Chair announced the Speaker’s to deploy a national missile defense by a yea and nay appointment of Representative Gephardt to the vote of 317 yeas to 105 nays, Roll No. 59. Board of Trustees of the John F. Kennedy Center for Pages H1420±48 the Performing Arts. Page H1449 By a yea and nay vote of 152 yeas to 269 nays with 1 voting ‘‘present,’’ Roll No. 58, rejected the United States Capitol Preservation Commission: Allen motion to recommit the bill to the Committee Read a letter from the Minority Leader wherein he on Armed Services with instructions to report it announced his appointment of Representative Pastor back to the House forthwith with an amendment in to the Capitol Preservation Commission. Page H1449 the nature of a substitute that states that it is the Presidential Messages: Read the following mes- policy of the United States to deploy a ground-based sages from the President: national missile defense provided that it has been Corporation for Public Broadcasting: Message demonstrated to be operationally effective against the wherein he transmitted report for the Corporation threat; does not diminish the overall national secu- for Public Broadcasting—referred to the Committee rity of the United States by jeopardizing other ef- on Commerce; and Pages H1449±50 forts to reduce threats including reductions in Rus- sian nuclear forces; and is affordable and does not National Endowment for Democracy: Message compromise the ability of the uniformed service wherein he transmitted the 15th annual report for chiefs and unified commanders to meet their require- the National Endowment for Democracy—referred to ments for operational readiness, quality of life of the the Committee on International Relations. troops, programmed modernization of weapons sys- Page H1450 tems, and the deployment of planned theater missile Quorum Calls—Votes: Three yea and nay votes de- defenses. Pages H1445±47 veloped during the proceedings of the House today D304 CONGRESSIONAL RECORD — DAILY DIGEST March 18, 1999 and appear on pages H1419–20, H1447, and Gottemoeller, Director, Office of Nonproliferation H1447–48. There were no quorum calls. and National Security; and Laura S.H. Holgate, Di- Adjournment: The House met at 12 noon and ad- rector, Office of Fissile Materials Disposition. journed at 8:08 p.m. INTERIOR APPROPRIATIONS Committee on Appropriations: Subcommittee on Interior Committee Meetings held a hearing on Service Department of Energy-Fos- DISASTER ASSISTANCE IMPLEMENTATION sil Energy. Testimony was heard from Robert W. Committee on Agriculture: Held a hearing to review the Gee, Acting Assistant Secretary, Fossil Energy, De- USDA’s implementation of disaster assistance and partment of Energy. the operation of other programs. Testimony was LABOR-HHS-EDUCATION heard from Dan Glickman, Secretary of Agriculture. APPROPRIATIONS AGRICULTURE, RURAL DEVELOPMENT, Committee on Appropriations: Subcommittee on Labor, FDA APPROPRIATIONS Health and Human Service, and Education, held a Committee on Appropriations: Subcommittee on Agri- hearing on Gallaudet University and on Institute of culture, Rural Development, Food and Drug Admin- Museum and Library Services and Railroad Retire- istration, and Related Agencies held a hearing on ment Board. Testimony was heard from the fol- Departmental Administration/Chief Financial Offi- lowing officials of the Department of Education: I cer/Chief Information Officer. Testimony was heard King Jordan, President, Gallaudet University; and from the following officials of the USDA: Sally Judith E. Heumann, Assistant Secretary, Special Thompson, Acting Assistant Secretary, Administra- Education and Rehabilitative Services; Diane B. tion and Chief Financial Officer; Anne F. Thomson Frankel, Director, Institute of Museum and Library Reed, Chief Information Officer; and Rosalind Gray, Services, National Foundation on the Arts and Hu- Director, Office of Civil Rights. manities; and Cherryl T. Thomas, Chair, Railroad Retirement Board. COMMERCE, JUSTICE, STATE, AND JUDICIARY APPROPRIATIONS TRANSPORTATION APPROPRIATIONS Committee on Appropriations: Subcommittee on Com- Committee on Appropriations: Subcommittee on Trans- merce, Justice, State, and the Judiciary held a hear- portation held a hearing on the Secretary of Trans- ing on International Organizations and Peace- portation. Testimony was heard from Rodney E. keeping. Testimony was heard from the following of- Slater, Secretary of Transportation. ficials of the Department of State: Ambassador Peter TREASURY—POSTAL SERVICE Burleigh, Acting U.S. Representative to the United APPROPRIATIONS Nations; and David Welch, Assistant Secretary, International Organizations. Committee on Appropriations: Subcommittee on Treas- ury, Postal Service, and General Government held a DEFENSE APPROPRIATIONS hearing on Secretary of the Treasury and on Customs Committee on Appropriations: Subcommittee on Defense Integrity. Testimony was heard from the Robert E. met in executive session to hold a hearing on Mili- Rubin, Secretary of the Treasury; and the following tary Readiness. Testimony was heard from the fol- officials of the U.S. Customs Service of the Depart- lowing officials of the Department of Defense: Gen. ment of the Treasury: Raymond Kelly, Commis- Eric K. Shinseki, USA, Vice Chief of Staff, Army; sioner; William Keefer, Assistant Commissioner for Adm. Donald L. Pilling, USN, Vice Chief of Naval Internal Affairs; Vincent Parolisi, Office of Internal Operations; Gen. Terrance R. Dake, USMC, Assist- Affairs; and public witnesses. ant Commandant of the Marine Corps; and Gen. RECRUITING ISSUES Ralph E. Eberhart, USAF, Vice Chief of Staff of the Air Force. Committee on Armed Services: Subcommittee on Mili- tary Personnel held a hearing on recruiting issues. ENERGY AND WATER DEVELOPMENT Testimony was heard from the following officials of APPROPRIATIONS the Congressional Commission on Servicesmembers Committee on Appropriations: Subcommittee on Energy and Veterans Transition Assistance: Anthony J. and Water Development met in executive session to Principi, Chairman; and G. Kim Wincup, Vice hold a hearing on Atomic Energy Defense Activities. Chairman; the following officials of the Department Testimony was heard from the following officials of of Defense: Francis M. Rush, Jr., Acting Assistant the Department of Energy: Victor H. Reis, Assistant Secretary (Force Management Policy); Maj. Gen. Secretary, Office of Defense Programs; Rose E. Evan Gaddis, USA, Commanding General, U.S. March 18, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D305 Army Recruiting Command; Rear Adm. Barbara from the following officials of the OPM: Janice McGann, USN, Commander, U.S. Navy Recruiting Lachance, Director; and William E. Flynn III, Asso- Command; Brig. Gen. Peter U. Sutton, USAF, Com- ciate Director, Retirement and Insurance Services; mander, U.S. Air Force Recruiting Service; and Maj. and public witnesses. Gen. Garry L. Parks, USMC, Commanding General, DRUG ABUSE—PREVENTION AND U.S. Marine Corps Recruiting Command. TREATMENT SHIPMENT OF HOUSEHOLD GOODS Committee on Government Reform: Subcommittee on Committee on Armed Services: Subcommittee on Mili- Criminal Justice, Drug Policy, and Human Re- tary Readiness held a hearing on the shipment of sources held a hearing on Overview of Agency Ef- household goods. Testimony was heard from David forts to Prevent and Treat Drug Abuse. Testimony Warren, Director, Defense Management Issues, was heard from Daniel Schecter, Deputy Director, GAO; the following officials of the Department of Demand-Reduction (Acting), Office of National Defense: Roger W. Kallock, Deputy Under Secretary Drug Control Policy; from the following officials of (Logistics); Lt. Gen. Roger G. Thompson, USA., the Department of Health and Human Services: Deputy Commander in Chief, U.S. Transportation Richard A. Millstein, Deputy Director, National In- Command (TRANSCOM); and Brig. Gen. Kenneth stitute on Drug Abuse, NIH; and Joseph H. Autry, L. Privratsky, USA, Director, Transportation, Energy III, M.D., Deputy Administrator, Substance Abuse and Troop Support, Department of the Army; and and Mental Health Services Administration; and public witnesses. Vicki Verdeyen, Psychology Services Programs, Fed- eral Bureau of Prisons, Department of Justice. ELECTRICITY COMPETITION Committee on Commerce: Subcommittee on Energy and OVERSIGHT—FINANCIAL MANAGEMENT Power held a hearing on Electricity Competition: PRACTICES AT JUSTICE AND FAA Evolving Federal and State Roles. Testimony was Committee on Government Reform: Subcommittee on heard from Vincent A. Persico, member, General As- Government Management, Information, and Tech- sembly and Co-Chair, Special Committee on Electric nology held a hearing on Oversight of Financial Utility Deregulation, State of Illinois; John M. Management Practices at the Department of Justice Quain, Chairman, Public Utility Commission, State and the Federal Aviation Administration. Testimony of Pennsylvania; Craig A. Glazer, Chairman, Public was heard from the following officials of the Depart- Utility Commission, State of Ohio; Susan F. Clark, ment of Justice: Michael Bromwich, Inspector Gen- Commissioner, Public Service Commission, State of eral; and Stephen Colgate, Assistant Attorney Gen- Florida; Marsha Smith, Commissioner, Public Utility eral, Administration; Linda Calbom, Director, Re- Commission, State of Idaho; and public witnesses. sources, Community, and Economic Development Accounting and Financial Management, Accounting BOND PRICE COMPETITION and Information Management Division, GAO; and IMPROVEMENT ACT from the following officials of the Department of Committee on Commerce: Subcommittee on Finance and Transportation: John Meche, Deputy Assistant In- Hazardous Materials held a hearing on the Bond spector General, Financial, Economic, and Informa- Price Competition Improvement Act of 1999. Testi- tion Technology; David K. Kleinberg, Deputy Chief mony was heard from Arthur Leavitt, Jr., Chairman, Financial Officer; and Carl Schellenberg, Assistant SEC; and public witnesses. Administrator, Financial Services, FAA. JUVENILE JUSTICE AND DELINQUENCY VETERANS SERVICE ORGANIZATIONS PREVENTION ACT VIEWS Committee on Education and the Workforce: Sub- Committee on Government Reform: Subcommittee on committee on Early Childhood, Youth, and Families National Security, Veterans Affairs, and International held a hearing on Juvenile Justice and Delinquency Relations held a hearing on views of Veterans Service Prevention Act: Preventing Juvenile Crime at School Organizations. Testimony was heard from representa- and in the Community. Testimony was heard from tives of veterans organizations. public witnesses. BANKRUPTCY REFORM ACT FEDERAL EMPLOYEES—LONG TERM CARE Committee on the Judiciary: Subcommittee on Com- INSURANCE mercial and Administrative Law, continued hearings Committee on Government Reform: Subcommittee on on H.R. 833, Bankruptcy Reform Act of 1999. Tes- Civil Service held a hearing on Long Term Care In- timony was heard from Representatives Leach and surance for Federal Employees. Testimony was heard Roukema; the following Bankruptcy Judges: Thomas D306 CONGRESSIONAL RECORD — DAILY DIGEST March 18, 1999 Carlson, Northern District of California; and Tina hearing on the fiscal year 2000 budget request of the Brozman, Chief Judge, Southern District of New National Oceanic and Atmospheric Administration York; Jere W. Glover, Chief Counsel, Office of Ad- and the National Marine Fisheries Service. Testi- vocacy, SBA; Oliver Ireland, Associate General mony was heard from D. James Baker, Under Sec- Counsel, Board of Governors, Federal Reserve Sys- retary, Oceans and Atmosphere, Department of tem; and public witnesses. Commerce. COLLECTIONS OF INFORMATION ANTIPIRACY ACT MISCELLANEOUS MEASURES Committee on the Judiciary: Subcommittee on Courts Committee on Resources: Subcommittee on National and Intellectual Property held a hearing on H.R. Parks and Public Lands approved for full Committee 354, Collections of Information Antipiracy Act. Tes- action, as amended, the following bills: H.R. 66, to timony was heard from Marybeth Peters, Register of preserve the cultural resources of Route 66 Corridor Copyrights, Library of Congress; Andrew Pincus, and to authorize the Secretary of the Interior to pro- General Counsel, Department of Commerce; and vide assistance; H.R. 658, Thomas Cole National public witnesses. Historic Site Act; and H.R. 659, to authorize appro- priations for the protection of Paoli and Brandywine NURSING RELIEF FOR DISADVANTAGED Battlefields in Pennsylvania, to direct the National AREAS ACT; OVERSIGHT—ILLEGAL Park Service to conduct a special resource study of IMMIGRATION Paoli and Brandywine Battlefields, to authorize the Committee on the Judiciary: Subcommittee on Immi- Valley Forge Museum of the American Revolution at gration and Claims approved for full Committee ac- Valley Forge National Historical Park. tion H.R. 441, Nursing Relief for Disadvantaged Areas Act of 1999. OVERSIGHT—AUTHORIZATION REQUEST; The Subcommittee also held an oversight hearing EPA RESEARCH AND DEVELOPMENT on illegal immigration. Testimony was heard from Committee on Science: Subcommittee on Energy and the the following officials of the Department of Justice: Michael R. Bromwich, Inspector General; Michael Environment held an oversight hearing on fiscal year D. Cronin, Associate Commissioner, Programs and 2000 Budget Authorization Request: Environmental Louis Nardi, Director, Investigations, Field Oper- Protection Agency Research and Development. Tes- ations, both with the Immigration and Naturaliza- timony was heard from the following officials of the tion Service; and Amy Dale, Administrator, Deten- EPA: Norine Noonan, Assistant Administrator, Re- tion Services, Federal Bureau of Prisons; Donna J. search and Development, Office of Research and De- Hamilton, Principal Deputy Assistant Secretary, velopment; and W. Randall Seeker, Chairman, Re- Consular Affairs, Department of State; and public search Strategies Advisory Committee, Science Advi- witnesses. sory Board; and David G. Wood, Assistant Director, Resources, Community and Economic Development LAND SOVEREIGNTY Division, GAO. Committee on Resources: Held a hearing on H.R. 883, to preserve the sovereignty of the United States over MISCELLANEOUS MEASURES public lands and acquired lands owned by the Committee on Transportation and Infrastructure: Sub- United States, and to preserve State sovereignty and committee on Aviation continued hearings on the private property rights in non-Federal lands sur- following bills: H.R. 700, Airline Passenger Bill of rounding those public lands and acquired lands. Tes- Rights Act of 1999, H.R. 780, Passenger Entitle- timony was heard from Representative Emerson; ment and Competition Enhancement Act of 1999, Melinda L. Kimble, Acting Assistant Secretary, and H.R. 908, Aviation Consumer Right to Know Oceans and International Environmental and Sci- Act of 1999. Testimony was heard from Representa- entific Affairs, Department of State; Kate Stevenson, tives Dingell, Forbes and Slaughter; Nancy E. Associate Director, Cultural Resources, Stewardship McFadden, General Counsel, Department of Trans- and Partnership, National Park Service, Department portation; and public witnesses. of the Interior; and public witnesses. OVERSIGHT—BUDGET REQUESTS—NOAA ARLINGTON NATIONAL CEMETERY AND NATIONAL MARINE FISHERIES BURIAL ELIGIBILITY ACT SERVICE Committee on Veterans’ Affairs: Ordered reported H.R. Committee on Resources: Subcommittee on Fisheries 70, Arlington National Cemetery Burial Eligibility Conservation, Wildlife and Oceans held an oversight Act. March 18, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D307 MEDICARE+CHOICE PROGRAM review United States policy and strategy for the Or- Committee on Ways and Means: Subcommittee on ganization for Security and Cooperation in Europe Health held a hearing on the Medicare+Choice Pro- (OSCE) in preparation for the OSCE Summit Meet- gram. Testimony was heard from the following offi- ing scheduled to convene in Istanbul this year, after cials of the Health Care Financing Administration, receiving testimony from Marc Grossman, Assistant Department of Health and Human Services: Robert Secretary for European Affairs, and Harold Koh, As- A. Berenson, M.D., Director, Center for Health sistant Secretary for Democracy, Human Rights, and Plans and Providers; Carol Cronin, Director, Center Labor, both of the Department of State; Stephen for Beneficiary Services; and Jeffrey Kang, M.D., Di- Rickard, Amnesty International USA, Washington, rector and Chief Clinical Officer, Office of Clinical D.C.; Douglas A. Johnson, Center for Victims of Standards and Quality; and public witnesses. Torture, Minneapolis, Minnesota; and Neil Hicks, STRUCTURED SETTLEMENTS—TAX Middle East and North Africa Program, Lawyers TREATMENT Committee for Human Rights, New York, New Committee on Ways and Means: Subcommittee on York. Oversight held a hearing on Tax Treatment of Struc- f tured Settlements. Testimony was heard from Joseph Mikrut, Tax Legislative Counsel, Department of the COMMITTEE MEETINGS FOR FRIDAY, Treasury; and public witnesses. MARCH 19, 1999 BUDGET: IMAGERY INTELLIGENCE (Committee meetings are open unless otherwise indicated) Permanent Select Committee on Intelligence: Met in execu- Senate tive session to hold a hearing on Fiscal Year 2000 Budget: Imagery Intelligence. Testimony was heard Committee on Appropriations: Subcommittee on Com- from departmental witnesses. merce, Justice, State, and the Judiciary, to hold hearings on proposed budget estimates for fiscal year 2000 for the National Oceanic and Atmospheric Administration, De- Joint Meetings partment of Commerce, 10 a.m., S–146, Capitol. HUMAN RIGHTS IN TURKEY House Commission on Security and Cooperation in Europe (Hel- sinki Commission): Commission concluded hearings to No Committee meetings are scheduled. D308 CONGRESSIONAL RECORD — DAILY DIGEST March 18, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Friday, March 19 2 p.m., Monday, March 22

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: Pro forma session. of S. 544, Emergency Supplemental Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Gekas, George W., Pa., E477, E482 Radanovich, George, Calif., E478 Green, Gene, Tex., E491 Rodriguez, Ciro D., Tex., E490, E494 Baldacci, John Elias, Maine, E494 Gutierrez, Luis V., Ill., E478 Schaffer, Bob, Colo., E477, E478, E483, E487, E489 Barrett, Thomas M., Wisc., E498 Hastings, Doc, Wash., E480 Sherman, Brad, Calif., E486 Becerra, Xavier, Calif., E501 Hill, Baron P., Ind., E487 Stark, Fortney Pete, Calif., E492 Bonior, David E., Mich., E479 Holt, Rush D., N.J., E492 Strickland, Ted, Ohio, E502 Castle, Michael N., Del., E500 Jackson-Lee, Sheila, Tex., E484 Taylor, Gene, Miss., E493 Clyburn, James E., S.C., E491 Kucinich, Dennis J., Ohio, E480 Terry, Lee, Nebr., E489 Condit, Gary A., Calif., E486 Lantos, Tom, Calif., E497 Thompson, Bennie G., Miss., E496 Cubin, Barbara, Wyo., E501 Lazio, Rick, N.Y., E479 Thompson, Mike, Calif., E499 Delahunt, William D., Mass., E492 Levin, Sander M., Mich., E499 Thune, John R., S.D., E501 DeLauro, Rosa L., Conn., E494 Lewis, Ron, Ky., E495 Traficant, James A., Jr., Ohio, E477 DeLay, Tom, Tex., E483 McDermott, Jim, Wash., E495 Underwood, Robert A., Guam, E487 Dingell, John D., Mich., E501 McKeon, Howard P. ‘‘Buck’’, Calif., E487 Weiner, Anthony D., N.Y., E498 Doolittle, John T., Calif., E495 Matsui, Robert T., Calif., E484 Weller, Jerry, Ill., E487 Faleomavaega, Eni F.H., American Samoa, E491 Miller, George, Calif., E494 Wilson, Heather, N.M., E477, E478, E483 Forbes, Michael P., N.Y., E494 Norton, Eleanor Holmes, D.C., E485, E490, E491 Wolf, Frank R., Va., E490 Ford, Harold E., Jr., Tenn., E479 Oxley, Michael G., Ohio, E488 Frank, Barney, Mass., E483 Pallone, Frank, Jr., N.J., E500

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