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, WEDNESDAY, MARCH 3, 1999 No. 33 House of Representatives The House met at 10 a.m. MESSAGE FROM THE SENATE the Senator from Montana (Mr. The Reverend Michael E. Robinson, A message from the Senate by Mr. BURNS), from the Committee on Appro- Head of Upper School, St. Patrick’s Lundregan, one of its clerks, an- priations. Episcopal Day School, offered the fol- nounced that the Senate had passed The message also announced that lowing prayer: bills of the following titles, in which pursuant to Public Law 94–304, as O God, You have so revealed Yourself the concurrence of the House is re- amended by Public Law 99–7, the Chair, in the glory of the heavens and in the quested: on behalf of the Vice President, ap- many faces of the nations, in the still S. 314. An act to provide for a loan guaran- points the following Senators to the small voice and in the might of the tee program to address the Year 2000 com- Commission on Security and Coopera- forces of nature. Make us aware of puter problems of small business concerns, tion in Europe (Helsinki)— Your presence as You come in judg- and for other purposes. the Senator from Texas (Mrs. ment through the events of our time. S. 447. An act to deem as timely filed, and HUTCHISON); Help us to discern through the many process for payment, the applications sub- the Senator from Michigan (Mr. mitted by the Dodson School Districts for ABRAHAM); and competing claims, the right and the certain Impact Aid payments for fiscal year just by using the tools of reason, com- 1999. the Senator from Kansas (Mr. BROWNBACK). passion and wisdom. Help us to be good The message also announced that citizens, to work for the common good, pursuant to section 4355(a) of title 10, f to be willing to sacrifice whatever it United States Code, the Chair, on be- WELCOME TO REV. MICHAEL E. takes to work with You, and to remake half of the Vice President, appoints the ROBINSON this world into Your kingdom, the following Senators to the Board of (Mr. WISE asked and was given per- place where Your will is done, where Visitors of the United States Military Your children may know no other way mission to address the House for 1 Academy— minute and to revise and extend his re- but the way of righteousness, justice, the Senator from Pennsylvania (Mr. marks.) and peace. This we ask, anxious yet SANTORUM), from the Committee on Mr. WISE. Mr. Speaker, the gen- calm in You; unsure, yet certain in Armed Services; and You; weak, yet strong in You; through the Senator from Texas (Mrs. tleman from Texas (Mr. BENTSEN) and I take great pleasure in introducing to Him who is the saviour of us all, Jesus HUTCHISON), from the Committee on Christ our Lord. Amen. Appropriations. the House today the Reverend Michael Robinson. f The message also announced that pursuant to section 6968(a) of title 10, The gentleman from Texas and I are THE JOURNAL United States Code, the Chair, on be- proud parents of children at St. Pat- half of the Vice President, appoints the rick’s Day School here in the District The SPEAKER. The Chair has exam- of Columbia. The Reverend Robinson is ined the Journal of the last day’s pro- following Senators to the Board of Visitors of the United States Naval the Upper School director for St. Pat- ceedings and announces to the House rick’s and has just done an incredible his approval thereof. Academy— the Senator from Arizona (Mr. job. He and his wife Frances and their Pursuant to clause 1, rule I, the Jour- MCCAIN), from the Committee on two children are members of the St. nal stands approved. Armed Services; and Patrick’s community in every way, f the Senator from Mississippi (Mr. whether it be the church or through COCHRAN), from the Committee on Ap- the school. I saw him this morning di- PLEDGE OF ALLEGIANCE propriations. recting traffic, shepherding students The SPEAKER. Will the gentleman The message also announced that and parents in. He will be doing the from Maryland (Mr. BARTLETT) come pursuant to section 9355(a) of title 10, same thing this evening, as well as forward and lead the House in the United States Code, the Chair, on be- guiding them spiritually and educa- Pledge of Allegiance. half of the Vice President, appoints the tionally throughout the day. I think it Mr. BARTLETT of Maryland led the following Senators to the Board of is a tribute to Reverend Robinson that Pledge of Allegiance as follows: Visitors of the United States Air Force he is always the teacher. He is accom- I pledge allegiance to the Flag of the Academy— panied today by the St. Patrick’s Stu- United States of America, and to the Repub- the Senator from Colorado (Mr. AL- dent Council as well. lic for which it stands, one nation under God, LARD), from the Committee on Armed Reverend Robinson will leave St. indivisible, with liberty and justice for all. Services; and Patrick’s and join the St. Nicholas

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.

H893

. H894 CONGRESSIONAL RECORD — HOUSE March 3, 1999 School in Chattanooga, Tennessee, this plus to save Social Security and Medi- cial Security and Medicare. So that next semester as Headmaster. He will care and pay down the debt to keep our there can be no doubt about our prior- leave behind many parents and stu- economy growing. With regard to So- ities, I will state it loud and clear. dents who have been touched forever cial Security, we reserve 62 percent of Democrats are committed to using the by his work, as I say, both spiritually, the projected budget surplus to pre- lion’s share of the Federal surplus to educationally, in so many ways. We serve Social Security until 2055. With protect Social Security and Medicare wish him well and take great pleasure regard to Medicare, we reserve 15 per- well into the future. and celebrate all that he has done for cent of the projected surplus for Medi- For the first time in three decades, St. Patrick’s and the many students care, ensuring that the Medicare trust the Federal Government has a surplus. and parishioners that attend therein. fund is secure for 20 years. This is a historic opportunity to pro- f We are paying down the debt, Mr. tect Social Security and Medicare so Speaker. We are investing a total of 77 that our seniors can live independently ANNOUNCEMENT BY THE SPEAKER percent of the surplus in Social Secu- and with dignity. Protecting Social Se- PRO TEMPORE rity and Medicare to reduce the na- curity and Medicare is sound fiscal The SPEAKER pro tempore (Mr. tional debt to its lowest level since planning. Two-thirds of our seniors rely on Social Security for over one- FOLEY). The Chair will entertain 15 1917. This is what the Democrats are one-minutes on each side. all about. half of their income. Medicare ensures f that 99 percent of our seniors have f health insurance. These two programs MAKING TAX RELIEF A REALITY NEW DOCUMENTARY FEATURES are paramount to a strong and a vi- MEMBER AS HOLOCAUST SUR- (Mr. ARMEY asked and was given brant America and should come before VIVOR permission to address the House for 1 a 10 percent tax cut that benefits most- minute.) ly the wealthy. The surplus must be (Ms. ROS-LEHTINEN asked and was Mr. ARMEY. Mr. Speaker, the Amer- used carefully, not spent irresponsibly given permission to address the House ican people are overtaxed. Americans on a one-time, feel-good tax break. for 1 minute and to revise and extend work almost 3 hours every 8-hour On behalf of our peers and our par- her remarks.) workday just to pay their taxes. Fed- ents and our children, let us not squan- Ms. ROS-LEHTINEN. Mr. Speaker, a eral taxes, State taxes, income taxes, der this historic opportunity. new documentary by renowned sales taxes, utility taxes, death taxes f filmmaker Steven Spielberg, entitled and on and on. ‘‘The Last Days,’’ tells the tragic tale PRESIDENT’S BUDGET DOES NOT But what many folks do not realize is ADD UP of the Nazi Holocaust through the eyes that they are paying way too much. (Mr. SCHAFFER asked and was given of five Hungarian Jews who personally The government is charging the Amer- permission to address the House for 1 experienced and survived this horrific ican people more than it needs to pay minute and to revise and extend his re- period of history. its bills, an estimated $2.6 trillion over One of the survivors featured in the marks.) the next 10 years of tax overcharge. Mr. SCHAFFER. Mr. Speaker, the documentary is one of the most articu- That is a whopping $27,000 per family, late Members of Congress, our col- Congressional Budget Office, or the money those families could put forward CBO, has issued a report confirming league from California, TOM LANTOS. to buy a home or pay for their chil- TOM is one of the five Hungarian Jews what everyone in Washington has dren’s college. known for 1 month now. The Presi- who describes their experiences in a Mr. Speaker, no one would tolerate a Nazi war camp. Fortunately, unlike an dent’s budget does not add up. phone company or cable company that The nonpartisan CBO has carefully estimated 438,000 other Hungarian Jews overcharged them and then refused to and millions of other Jews in Europe, documented exactly why the Presi- return the money. Indeed, we would all dent’s budget does not do what it says our colleague was able to escape his call upon the government for relief. death sentence. it does. The numbers in his budget are Yet the government is overcharging not even close. The spending caps are It is to TOM’s credit that, decades the American taxpayer. It is time they after his experience with totalitarian- busted. Social Security is endangered. knew about it. The surpluses are not what they appear ism, he has not forgotten those around Mr. and Mrs. America, help is on the the world who live under repressive re- to be. way. Today I will announce a national The administration has no response gimes. From China to Cuba, TOM gives initiative designed to make tax relief a voice to those who are forced to remain to this nonpartisan report. Through reality. I will be joined by many col- slick accounting and deception, the silent by repressive regimes. I urge all leagues who, like myself, are commit- of our colleagues to view ‘‘The Last budget looks wonderful on paper. The ted to showing that Americans are problem is that there is not an econo- Days’’ to remind ourselves that we overtaxed. We are united in the belief must always fight against tyranny. mist to be found who can defend it. The that we can both save Social Security double counting of imaginary money f and return a portion of the overcharge and the shifting of funds make a mock- to Americans in the form of a tax cut. UNVEILING 1999 DEMOCRATIC ery of the budget promises signed into Mr. Speaker, that money does not be- AGENDA law just 2 years ago in the bipartisan long to the government. It belongs to balanced budget agreement. That (Mr. PALLONE asked and was given the American taxpayers. Americans agreement was supposed to prevent ex- permission to address the House for 1 earned it, Americans paid it, Ameri- actly the kind of budgetary chicanery minute.) cans deserve a refund. Return the tax that is contained in the President’s Mr. PALLONE. Mr. Speaker, I am overcharge, and the American people budget. very proud to say that in just a short will be treated properly and fairly by The American people deserve better, period of time over at the Library of this government. Mr. Speaker. Congress, President Clinton, Vice f f President GORE and Democrats in the House and the Senate will unveil our 1999 DEMOCRATIC AGENDA THE ONLY SURPLUS IN 1999 Democratic agenda which, once (Ms. DELAURO asked and was given WASHINGTON again, is a families first agenda. The permission to address the House for 1 (Mr. TRAFICANT asked and was centerpiece of our congressional agen- minute and to revise and extend her re- given permission to address the House da is to invest the surplus, to save So- marks.) for 1 minute and to revise and extend cial Security and Medicare and pay Ms. DELAURO. Mr. Speaker, today his remarks.) down the debt. Democrats from both Chambers will Mr. TRAFICANT. Mr. Speaker, who What Democrats are doing with this unveil our agenda for the 106th Con- is kidding whom? The only surplus in agenda is continuing on the path of fis- gress. At the top of that agenda are the Washington, D.C., is in the Social Se- cal responsibility by investing the sur- two pillars of retirement security, So- curity trust fund. The truth is, Social March 3, 1999 CONGRESSIONAL RECORD — HOUSE H895 Security money coming in one door credit card debt; let’s go get deeper in try, the modern-day merchants of today is going out the other door to- debt.’’ That would not be a financially vengeance. A Republican bill will be in- morrow, because the facts are very prudent family. The United States Con- troduced limiting lawsuits against the clear. The Social Security trust fund is gress, acting on behalf of the American gun makers, ironically sponsored by a big basket full of IOUs. The reason is people, ought to pay off the credit card the same gentleman who once told the very simple: Politicians from both par- debt in Medicare and in Social Secu- Committee on the Judiciary a plaintiff ties have reached in and borrowed rity. deserved her day in court. In the eyes money from the Social Security trust f of the GOP, a sitting President can be fund and have not repaid it. Billions dragged into a civil suit, but not the and billions of dollars. Beam me up. CONGRATULATING COACH JIM gun industry. Now we are saying Social Security is PHELAN AND MOUNT ST. MARY’S Clearly, the Republicans care more going to run out of money. I say not MOUNTAINEERS ON EARNING about guns than people. I guess that is one dime of Social Security should be BID TO NCAA BASKETBALL what GOP stands for: ‘‘Guns Over Peo- used for anything but Social Security. TOURNAMENT ple.’’ I yield back any economic common (Mr. BARTLETT of Maryland asked f sense that may be left down here. and was given permission to address THE PRESIDENT’S BUDGET DOES f the House for 1 minute and to revise NOT ADD UP and extend his remarks.) THE SURPLUS BELONGS TO THE Mr. BARTLETT of Maryland. Mr. (Mr. WATTS of Oklahoma asked and TAXPAYERS Speaker, I rise today to congratulate was given permission to address the (Mr. PITTS asked and was given per- coach Jim Phelan and the Mount St. House for 1 minute.) mission to address the House for 1 Mary’s Mountaineers on earning a bid Mr. WATTS of Oklahoma. Mr. Speak- minute and to revise and extend his re- to the NCAA basketball championship er, the truth is now out about the marks.) for only the second time in their President’s budget. The nonpartisan Mr. PITTS. Mr. Speaker, I have a school’s history. Congressional Budget Office, the CBO, simple question to ask. To whom does The Mounties won the right to go to has now documented the obvious. The the surplus belong? Anyone listening the Big Dance by defeating the Blue President’s budget just does not add to the other side would conclude that Devils of Central Connecticut State on up. the surplus belongs to the government. Monday night by a 72–56 margin. Mon- It is not simply a case of the usual In speech after speech, I have heard im- day night’s victory was the third Washington accounting tricks. The ac- plied that politicians in Washington straight upset for the Mountaineers counting is so outrageous that no seri- have the first claim to the money as if who were seeded sixth entering the ous analyst can defend it. In fact, the it is their money. Northeast Conference Tournament. nonpartisan CBO, Congressional Budg- The surplus belongs to the taxpayers. The Mount was led by the smooth et Office, shows exactly where and why It is their money. The surplus is in fact shooting of Gregory Harris and the te- it does not add up. The budget busts nothing more than tax overpayment nacious defense of Melvin Whitaker. the spending caps that were signed into made by taxpayers. In addition to earning a right to play law by the President in 1997, in the Anyone who has ever looked at Wash- in the NCAA championships, Monday’s summer of 1997. And even more disturb- ington for any length of time knows victory was also an historic event for ing, Mr. Speaker, this budget, not only that one of only two things will happen their longtime coach. Jim Phelan be- does it not save Social Security, it to the surplus. We can give it back to came only the fourth coach in NCAA even dangers Social Security. the people who earned it or Washington history to win 800 games. He joins the Mr. Speaker, the American people de- will find a way to spend it. ranks of Adolph Rupp, Dean Smith and serve better. I think Jesse ‘‘The Body’’ Ventura Clarence Gaines and is the winningest They deserve an honest budget. was right. The government should active coach in the NCAA. Coach They deserve a budget that will con- apologize and then refund the money Phelan’s 800 wins demonstrate his com- tinue American prosperity. back to the people to whom it belongs mitment to the school, his players and They deserve a budget that protects in the first place, the taxpayers of his community. I am convinced the Social Security. America. Hall of Fame is just around the corner. Mr. Speaker, the President’s budget f Congratulations Mount Saint Mary’s, does not do that. ANOTHER VIEW ON SOCIAL and congratulations Coach Jim Phelan. f SECURITY AND MEDICARE f PROTECT SOCIAL SECURITY AND MEDICARE FOR FUTURE GEN- (Mr. MCDERMOTT asked and was b 1015 given permission to address the House ERATIONS for 1 minute and to revise and extend GUNS OVER PEOPLE (Ms. STABENOW asked and was his remarks.) (Mr. GUTIERREZ asked and was given permission to address the House Mr. MCDERMOTT. Mr. Speaker, let given permission to address the House for 1 minute.) me set the record straight. The money for 1 minute.) Ms. STABENOW. Mr. Speaker, I rise that comes in here belongs to the Mr. GUTIERREZ. Mr. Speaker, dur- today to support a Democratic admin- American people. But what we fail to ing the past year did we not hear the istration that has brought us from very deal with is the history. Republicans say something about the large deficits to large surpluses and to All during the Reagan administra- rule of law? I think I recall some Re- say that the next step is to protect So- tion, Democrats and Republicans in publicans saying everyone deserves his cial Security and Medicare and pay this House spent Social Security or her day in court, even if it means back the Social Security Trust Fund. money and used it like a credit card. tying up Congress, the White House We are not really out of debt until we We built up a $5 trillion debt for the and the judiciary, costs the taxpayers do that. Cold War. Now, after almost 10 years of $40 million, huge legal bills for every- Mr. Speaker, if we cannot pay off the work, since I have been in the Con- one. But when it comes to their good national debt when we have a surplus, gress, since 1988 and under Mr. Clinton friends in the gun lobby and their pre- when will we do it? for the last few years, we have got a cious time and money, well, the Repub- Never. surplus. What does the majority leader licans simply will not allow them to be Mr. Speaker, this is a test of the cur- offer us? Let us take the surplus and threatened with a lawsuit or held ac- rent Congress. Are we going to con- give it away and leave that credit card countable through civil action. tinue fiscal responsibility or go back to debt there. Mr. Speaker, once again the GOP the spending and the deficits of the No American family, when they re- does the bidding of the National Rifle 1980s? ceive money in a Christmas bonus or Association, preempting cities like I stand to support Social Security, whatever, says, ‘‘Well, we got all this Chicago who dare to sue the gun indus- Medicare and paying off the debt. If we H896 CONGRESSIONAL RECORD — HOUSE March 3, 1999 do that, we put real dollars back into Mr. Speaker, let us work together to advantaged children achieve along people’s pockets by lowering interest strengthen Medicare and Social Secu- with their more fortunate peers. rates, which means our mortgages, our rity. Social Security and Medicare are Title I must be supported. Tax relief credit cards, our car payments go needed for the current seniors, the for the well off must wait. down. baby boomers, and our children and our f Mr. Chairman, we need to bring down grandchildren. the debt and protect Social Security f UNITED STATES VULNERABLE TO and Medicare for future generations, BALLISTIC MISSILE ATTACKS NO EXIT STRATEGY and I call on my colleagues to join us (Mr. CHABOT asked and was given in doing that. (Mr. GIBBONS asked and was given permission to address the House for 1 f permission to address the House for 1 minute.) minute and to revise and extend his re- Mr. CHABOT. Mr. Speaker, it is the THE REPUBLICAN PLAN IS marks.) BETTER THAN A PAY RAISE official policy of the United States to Mr. GIBBONS. Mr. Speaker, today I remain vulnerable to a ballistic missile (Mr. TIAHRT asked and was given rise to talk about our administration’s attack. That might be surprising to permission to address the House for 1 foreign policy and the men and women many, but it is true, even though it minute and to revise and extend his re- in our Nation’s military service. I have flies in the face of common sense. Iraq, marks.) three words to describe the administra- North Korea, Iran are all embarked on Mr. TIAHRT. Mr. Speaker, tax relief tion’s strategy for deployment of U.S. nuclear weapons programs that would is as good as a pay raise, maybe even troops to police Kosovo, and they are: enable them to reach the United States better. A pay raise could mean higher No exit strategy. with a ballistic missile, and China al- taxes. It could result in sending more Can we honestly ask the men and ready has that ability. money to Washington, D.C., and have women of our Armed Services to stand Mr. Speaker, the only thing we have very little extra money jingling around up and once again become the world’s to protect us is a relic of the Cold War, in our pockets. But tax relief is more police of foreign policy decisions? an ABM treaty with a country that no money in the household budget. Should we not justify to the American longer even exists. Mr. Speaker, Americans do one of people the need for intervention based Do my colleagues think the leaders two things when they get a little extra on some realistic, identified and of Iraq and North Korea and Iran and money in their pocket. It is saved or it threatened vital national interest? Communist China are impressed with is spent. Either is good for the econ- I should think so. our ABM treaty? I do not think so. omy. Saving the money from a tax cut However, when a defective strategy Mr. Speaker, the administration’s would provide more resources, more results in a multi-year deployment, timid, weak and uncertain steps to capital for creating new jobs and new billions of dollars in cost to the Amer- begin building a national defense sys- businesses. Spending the tax relief not ican taxpayer and the risk in lives of tem are not enough. They are too lit- only provides for the needs of hard- every American soldier over there, it is tle, and I am afraid they are going to working Americans, but the demands time for us to say no. It is time that be too late. for products will create new jobs and our foreign policy marches to a new ca- I urge the Congress to take the lead sustain the jobs we have. dence, one that protects our vital na- on this vital issue, Mr. Speaker, and as Mr. Speaker, tax relief can be as tional interests and the lives of our my liberal colleagues so often love to good, if not better, than a pay raise, hard-working, dedicated men and say: and the Republican plan will not only women in our nation’s military. Let us do it for the children. restore the integrity of Social Secu- On behalf of our Nation’s interests rity, rebuild our national defense, and the lives of our service men and f strengthen education, but it will also women, I yield back this dangerous for- TRIBUTE TO JUDGE LEON provide much-needed tax relief for eign policy and the balance of my time. HIGGINBOTHAM hard-working Americans. f (Ms. JACKSON-LEE of Texas asked f EDUCATION MUST BE OUR and was given permission to address SAVE OUR AMERICAN TREASURES: NUMBER 1 PRIORITY the House for 1 minute and to revise MEDICARE AND SOCIAL SECURITY (Ms. WOOLSEY asked and was given and extend her remarks.) (Mr. GREEN of Texas asked and was permission to address the House for 1 Ms. JACKSON-LEE of Texas. Mr. given permission to address the House minute and to revise and extend her re- Speaker, I want to invite my col- for 1 minute and to revise and extend marks.) leagues of the House of Representatives his remarks.) Ms. WOOLSEY. Mr. Speaker, I ran to join me this evening for a special Mr. GREEN of Texas. Mr. Speaker, for Congress, and I am here today be- order to pay tribute to a wonderful and this is a good day. I am glad the debate cause I believe that our children’s edu- outstanding American, a jurist of great is on tax cuts versus Social Security cation must be the number one priority renown, the late Judge Leon and Medicare and paying down our na- in our country. Education is another of Higginbotham. He was awarded the tional debt. Medicare and Social Secu- President Clinton’s major budget prior- Presidential Medal of Honor in 1995 and rity are two of the greatest, most effec- ities because he also agrees that we the Raoul Wallenberg Humanitarian tive programs our country has ever must prepare all of our children for the Award, and in 1994 South African Presi- created. They provide the two fun- high-skill, high-wage jobs that will in- dent Nelson Mandela asked damental keys to retirement security: sure America’s leadership in the world Higginbotham to be an international medical and financial security. marketplace and at the same time pre- mediator. I would hope that we would Mr. Speaker, this Congress has the vent dependency on welfare here at spend our evening, this evening, paying responsibility to every American, past, home. tribute to this great American. present and future, to save these na- Public education is the backbone of I STAND HERE FOR THE CHILDREN tional treasures. our country. It is why we are a great Mr. Speaker, let me also say that I The good news is that we have the Nation. Public education is available stand here for the children. Be it lib- opportunity to ensure the long-term to all. eral or conservative or moderate, I do stability of these programs. The bad This Congress we have an oppor- not know who could not stand for the news will only come if people try to po- tunity that comes along once every 5 children. liticize the programs or, worse yet, dis- years, and that opportunity is to re- I believe we should, if my colleagues mantle them. We can strengthen Social view and update the Elementary and will, pay off the debt and as well save Security, Medicare and pay down the Secondary Education Act. ESEA is Social Security and Medicare. At the debt. They are popular with the Amer- best known for Title I, the program same time, we can give targeted child ican people for the simple reason that that educates the disadvantaged. Title tax credits to businesses that provide they work. I is important because it helps dis- child care services, and we can March 3, 1999 CONGRESSIONAL RECORD — HOUSE H897 also provide targeted tax credits to that established community police offi- Yesterday the House passed a resolu- stay-at-home parents. We can do all of cers, and I want to tell them Mark tion that directs this body towards real this at once by doing the right thing Brown was the epitome of a commu- social security reform. That bill was and standing for our children. nity police officer. sponsored by a freshman, the gen- f On the TV stations in Seattle I lis- tleman from Wisconsin (Mr. PAUL tened to tribute after tribute after RYAN). The gentleman from Nebraska AIR FORCE JUNIOR ROTC tribute to a man in his grocery stores (Mr. LEE TERRY) has already intro- PROGRAM AT ROME HIGH and in his restaurants who was a pillar duced a bill to eliminate a tax on inter- (Mr. BARR of Georgia asked and was of his community. Mark Brown, as a national home pages, and the gen- given permission to address the House community police officer, I want his tleman from Wisconsin (Mr. MARK for 1 minute and to revise and extend children, Hannah and Alex, to know GREEN) is heading up a project for the his remarks.) they lost a father and we lost an Amer- freshman class that will reduce Federal Mr. BARR of Georgia. Mr. Speaker, it ican hero, Mark Brown. mandates on our State governments. seems as if every day we are reading or f We believe local people can best se- hearing a new story about the dif- cure our Nation’s future: parents, b 1030 ficulty our military forces are having teachers, pastors, small business own- recruiting and retaining top-notch per- ED-FLEX AND ENDING SOCIAL ers, and civic leaders. These are not sonnel. Our military is being stretched PROMOTION only the heroes of our home towns, thinner and thinner by missions of (Mr. FORD asked and was given per- they are the heroes of our country. The some dubious value around the world, answers to our problems are seldom and we are paying the price with the mission to address the House for 1 found here in Washington. They are loss of key personnel and lower reten- minute and to revise and extend his re- found on Main Street, in board rooms tion. marks.) I am pleased today to announce that Mr. FORD. Mr. Speaker, I also extend and community centers, in church at least one program in Georgia’s 7th my prayers to the Brown family, as we sanctuaries and classrooms, and in District is taking steps to reverse this all do. family rooms all across our Nation. trend. That program is the Air Force Mr. Speaker, I rise in support of H.R. Freshmen Republicans are working Junior ROTC Program at Rome High 800, as my friend just did, the Ed-Flex to return dollars, decisions, and free- School. The Air Force Junior ROTC Partnership Act of 1999. I support this dom back home. Program at Rome High School official bill because it gives States and local f school districts the flexibility to tailor is only 4 years old, yet it is already COMMEMORATING THE NAVAL Federal programs to meet their local having a major positive impact. It of- RESERVE ASSOCIATION fers students a variety of challenges needs. (Mr. GARY MILLER of California and learning experiences in airplanes But with flexibility also comes ac- asked and was given permission to ad- and on flight simulators as well as in countability. Ed-Flex works to require dress the House for 1 minute and to re- classrooms that help prepare them for States to identify specific and measur- vise and extend his remarks.) a career in military aviation. Addition- able goals they have for those students Mr. GARY MILLER of California. Mr. ally, it helps teach students the kind of and groups affected by the waivers. In Speaker, I rise today in recognition of work ethic and values that will enable other words, Ed-Flex requires States to the men and women of the Naval Re- them to succeed as leaders no matter have accountability systems in place serve Association, and to congratulate where their future takes them. prior to granting them the authority This program and programs like it to waive specific requirements. them on the 84th anniversary of the deserve our support. I am proud to But Ed-Flex alone will not solve all founding of the Naval Reserve, cele- honor today the Rome High School of our problems. Our public schools brated on March 3, 1999. At the same Junior ROTC Program. still have pressing needs: Unmet school time, I wish the Association’s Spring f construction and modernization, a National Conference to be held on the shrinking pool of qualified teachers, same day in San Diego, California, the HONORING MARK BROWN, ONE OF and a lack of technology in the class- best of success. OUR NATION’S FALLEN LAW EN- room. The American people owe the 94,000- FORCEMENT OFFICERS At a time when children are being strong Naval Reserve a debt of grati- (Mr. INSLEE asked and was given promoted to successive grades based on tude for the sacrifices they have made, permission to address the House for 1 age and not achievement, social pro- both past and present. America’s minute and to revise and extend his re- motion is an issue that should concern strength and position as the sole super- marks.) us all. It must stop. That is why I urge power in the world is the result of our Mr. INSLEE. Mr. Speaker, I rise my colleagues, cosponsors of Ed-Flex, dedication to our country’s defense. today to urge adoption of House Reso- to not only cosponsor Ed-Flex, but to Without the Naval Reserve’s contribu- lution 31 in honor of fallen police offi- support the Democrats’ plan to reward tion, America would not have become cers and, more personally and specifi- those school districts who end social the beacon of democracy it is today in cally, in honor of a great Shoreline promotion and close underperforming the world. For that, I, along with the City police officer and King County schools by providing them with addi- residents of the 41st Congressional Dis- sheriff’s deputy, Mark Brown, who died tional funds to build new schools and trict in California, thank them. in the line of duty Saturday, February hire new teachers. Ed-Flex is good, but I look forward to working with them 27, leaving his wife, Laurie, and Han- alone it will not solve all our problems. and other members of the Naval Re- nah and Alex, his children; and it is a f serve Association on issues which af- personal matter because he was my fect all the men and women of our cousin. FRESHMAN REPUBLICANS ARE military. WORKING TO RETURN DOLLARS, Mr. Speaker, I want to tell the Mem- f bers that I am proud that my cousin re- DECISIONS, AND FREEDOM BACK sponded to an alarm last Thursday on HOME WELCOME TO WHITNEY his motorcycle and was pursuing his (Mr. DEMINT asked and was given ELIZABETH GERRO duties and was involved in a collision permission to address the House for 1 (Mr. BARTON of Texas asked and and died early Saturday morning, and I minute and to revise and extend his re- was given permission to address the want to tell them that it brings home marks.) House for 1 minute and to revise and that we have many public servants who Mr. DEMINT. Mr. Speaker, I rise extend his remarks.) get up and risk their lives every day, today on behalf of my fellow freshmen Mr. BARTON of Texas. Mr. Speaker, and their families do not know whether Republicans to thank the leadership having a Member of Congress in your they are coming home. for recognizing our ideas and allowing family is kind of like a white elephant Mr. Speaker, I want to tell my col- us to quickly turn our campaign prom- gift. You are kind of glad you have it, leagues that in 1993 I voted for a bill ises into action. you just do not quite know what to do H898 CONGRESSIONAL RECORD — HOUSE March 3, 1999 with it. But every now and then it pays The Clerk read the resolution, as fol- bill, and to reduce voting time to 5 off to have a congressman in your fam- lows: minutes on a postponed question if the ily. H. RES. 85 vote follows a 15-minute vote. Finally, Today is one of those days. On De- Resolved, That at any time after the adop- the rule provides for 1 motion to re- cember 7, 1998, Mike Gerro and Jan tion of this resolution the speaker may, pur- commit, with or without instructions. Barton Gerro had a beautiful baby suant to clause 2(b) of rule XVIII, declare the Mr. Speaker, House Resolution 603, daughter, Whitney Elizabeth Gerro. House resolved into the Committee of the reported by the Committee on Trans- They have written this poem to an- Whole House on the state of the Union for portation and Infrastructure, would consideration of the bill (H.R. 603) to amend nounce her arrival to the world, and I title 49, United States code, to clarify the ap- clarify that the Death on the High Seas want to read it for my colleagues here plication of the Act popularly known as the Act shall not be the controlling law in in the House. It is entitled, ‘‘A Special ‘‘Death on the High Seas Act’’ to aviation in- lawsuits arising from aviation crashes Arrival.’’ cidents. The first reading of the bill shall be into the high seas. She’s an angel of sweetness dispensed with. General debate shall be con- The purpose of this legislation is to A treasure of love fined to the bill and shall not exceed one ensure that families of passengers A beautiful blessing hour equally divided and controlled by the killed in airline disasters are not treat- From heaven above. chairman and ranking minority member of ed differently under law depending on the Committee on Transportation and Infra- whether the aircraft crashed over land A daughter adored. structure. After general debate the bill shall Who with nurture will grow. be considered for amendment under the five- or water. What a pleasure to welcome minute rule. Each section of the bill shall be This discrepancy arises from a Su- Whitney Elizabeth Gerro. considered as read. During consideration of preme Court ruling in Zicherman ver- She really is a blessing. She had her the bill for amendment, the chairman of the sus Korean Airlines that applied the baptism this past Sunday in Arlington, Committee of the Whole may accord priority Death on the High Seas Act to lawsuits Texas. I am very, very proud to be one in recognition on the basis of whether the related to crashes over the ocean. Member offering an amendment has caused of her uncles. Under the Death on the High Seas Act, it to be printed in the portion of the Con- Mr. Speaker, families are denied the f gressional Record designated for that pur- pose in clause 8 of rule XVIII. Amendments ability to seek compensation in a court THE REPUBLICAN PARTY WORKS of law for such noneconomic factors as DILIGENTLY TO PROTECT SO- so printed shall be considered as read. The chairman of the Committee of the Whole a loss of companionship of a loved one, CIAL SECURITY may: (1) postpone until a time during further relatives’ pain and suffering, or for pu- (Mr. KINGSTON asked and was given consideration in the Committee of the Whole nitive damages. Under existing law, for permission to address the House for 1 a request for a recorded vote on any amend- example, parents receive virtually no minute and to revise and extend his re- ment; and (2) reduce to five minutes the min- compensation in the death of a child. marks.) imum time for electronic voting on any post- On the other hand, if a plane crashes poned question that follows another elec- Mr. KINGSTON. Mr. Speaker, the Re- tronic vote without intervening business, over land, State tort laws usually publican Party is working very dili- provided that the minimum time for elec- apply, offering a broader range of legal gently and very intensely with the tronic voting on the first in any series of remedies to surviving family members. Senate to try to protect social secu- questions shall be 15 minutes. At the conclu- Mr. Speaker, the gentleman from rity. We have a lot of concerns about sion of consideration of the bill for amend- Pennsylvania (Mr. SHERWOOD) and his the President’s proposal, which only ment the Committee shall rise and report colleagues on the Committee on Trans- protects or earmarks 62 percent of the the bill to the House with such amendments portation and Infrastructure have social security trust fund dollars for as may have been adopted. The previous made this legislation an early priority question shall be considered as ordered on this session, and have requested an social security. the bill and amendments thereto to final Many of us believe that we should passage without intervening motion except open rule, which was granted by the put 100 percent of social security dol- one motion to recommit with or without in- Committee on Rules without dissent. lars into social security and not spend structions. Accordingly, I encourage my col- it on any other program; not for roads, The SPEAKER pro tempore (Mr. leagues to support House Resolution 85, not for bridges, not for congressional FOLEY). The gentleman from Washing- and I reserve the balance of my time. salaries, not for anything else. We hope ton (Mr. HASTINGS) is recognized for 1 Mr. HALL of Ohio. Mr. Speaker, I that we can get the President to come hour. yield myself such time as I may con- around to our way of thinking. Mr. HASTINGS of Washington. Mr. sume. We also feel that we need to pay Speaker, for purposes of debate only, I Mr. Speaker, this is an open rule. It down the debt. We have a debt of $5.4 yield the customary 30 minutes to the will allow for full and fair debates on trillion. Which costs the American distinguished gentleman from Ohio H.R. 603. As my colleague has de- families, on an average for a family of (Mr. HALL), pending which I yield my- scribed, it will allow for 1 hour of gen- four, about $2,000 dollars a year. That self such time as I may consume. Dur- eral debate, to be equally divided and is $2,000 for a college tuition, for house ing consideration of this resolution, all controlled by the chairman and rank- payments, for a nice vacation, for a time yielded is for purposes of debate ing minority member of the Committee car, whatever the need of the family is. only. on Transportation and Infrastructure. Now it just goes to interest on the (Mr. HASTINGS of Washington asked The rule permits amendments under debt. It does not even pay down the and was given permission to revise and the 5-minute rule, which is the normal principal. extend his remarks.) amending process in the House. All These are things we think the Presi- Mr. HASTINGS of Washington. Mr. Members on both sides of the aisle will dent’s budget ignores. We want to put Speaker, House Resolution 85 is an have the opportunity to offer germane it on the table. We are working in that open rule providing 1 hour of general amendments. direction. I hope that the President debate. It would be equally divided and H.R. 603 would allow the families of will decide to join us. controlled between the chairman and ocean plane crash victims the same f the ranking member of the Committee rights to file lawsuits as when the on Transportation and Infrastructure. crash takes place on land. It was intro- PROVIDING FOR CONSIDERATION The rule provides that each section duced in response to TWA Flight 800, OF H.R. 603, CLARIFYING THE AP- of the bill shall be considered as read. which crashed off the coast of New PLICATION OF THE ‘‘DEATH ON Furthermore, the rule authorizes the York in 1996. In 1997, the House passed THE HIGH SEAS ACT’’ TO AVIA- Chair to accord priority in recognition a similar bill by a voice vote under sus- TION INCIDENTS to members who have preprinted their pension of the rules, but the Senate Mr. HASTINGS of Washington. Mr. amendments in the CONGRESSIONAL failed to take action on the bill. Speaker, by direction of the Commit- RECORD. This is an open rule. It was adopted tee on Rules, I call up House Resolu- The rule also permits the chairman by a voice vote of the Committee on tion 85 and ask for its immediate con- of the Committee of the Whole to post- Rules. I urge adoption of the rule and sideration. pone votes during consideration of the of the bill. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H899 Mr. Speaker, I yield back the balance sume. During consideration of this res- Mr. Speaker, I reserve the balance of of my time. olution, all time yielded is for the pur- my time. Mr. HASTINGS of Washington. Mr. pose of debate only. Ms. SLAUGHTER. Mr. Speaker, I Speaker, I yield back the balance of (Mr. HASTINGS of Washington asked yield myself such time as I may con- my time, and I move the previous ques- and was given permission to revise and sume, and I thank the gentleman from tion on the resolution. extend his remarks.) Washington (Mr. HASTINGS) for yield- The previous question was ordered. Mr. HASTINGS of Washington. Mr. ing me the customary 30 minutes. The resolution was agreed to. Speaker, H. Res. 86 is an open rule (Ms. SLAUGHTER asked and was A motion to reconsider was laid on waiving clause 4(a) of rule XIII, that given permission to revise and extend the table. requires a 3-day layover of the commit- her remarks.) Ms. SLAUGHTER. Mr. Speaker, I rise f tee report, against consideration of the bill. I would advise my colleagues that in support of this open rule providing PROVIDING FOR CONSIDERATION the committee’s report was, however, for the consideration of H.R. 661, Con- OF H.R. 661, COMMERCIAL OPER- filed yesterday on March 2. ditionally Prohibiting the Operation of ATION OF SUPERSONIC TRANS- The rule provides 1 hour of general Supersonic Aircraft. PORT CATEGORY AIRCRAFT debate to be equally divided and con- This bipartisan bill is brought to the House by the Democratic leader on the Mr. HASTINGS of Washington. Mr. trolled between the chairman and ranking minority member of the Com- Committee on Transportation and In- Speaker, by direction of the Commit- frastructure, the gentleman from Min- tee on Rules, I call up House Resolu- mittee on Transportation and Infra- nesota (Mr. OBERSTAR), and the gen- tion 86 and ask for its immediate con- structure. The rule provides that the tleman from Pennsylvania (Mr. SHU- sideration. bill shall be open for amendment at any point. STER), our Committee on Transpor- The Clerk read the resolution, as fol- tation and Infrastructure chairman. lows: Furthermore, the rule authorizes the Chair to accord priority in recognition They are joined by the gentleman from H. RES. 86 to Members who have preprinted their Illinois (Mr. LIPINSKI) and the gen- Resolved, That at any time after the adop- tleman from Tennessee (Mr. DUNCAN). amendments in the CONGRESSIONAL tion of this resolution the Speaker may, pur- Since this has been described as the RECORD. The rule also allows the Chair- suant to clause 2(b) of rule XVIII, declare the ‘‘year of aviation’’ in Congress, this man of the Committee of the Whole to House resolved into the Committee of the may then be the first in a series of ap- postpone votes during consideration of Whole House on the state of the Union for pearances by these thoughtful and ca- consideration of the bill (H.R. 661) to direct the bill and to reduce votes to 5 min- pable leaders on aviation issues. I the Secretary of Transportation to prohibit utes on a postponed question if the the commercial operation of supersonic thank them for their efforts on this vote follows a 15-minute vote. legislation and look forward to their transport category aircraft that do not com- Finally, the rule provides one motion ply with stage 3 noise levels if the European good work as the session proceeds. to recommit with or without instruc- Union adopts certain aircraft noise regula- The rule will allow our highly skilled tions. The first reading of the bill shall be tions. aviation leaders on both sides of the dispensed with. Points of order against con- Mr. Speaker, H.R. 661 will prohibit aisle to make the case for the bill, sideration of the bill for failure to comply the operation of supersonic aircraft, which I will address just briefly in dis- with clause 4(a) of rule XIII are waived. Gen- such as the Concorde, in the United cussing the rule. eral debate shall be confined to the bill and States if the European Union adopts a In short, the bill would respond to ac- shall not exceed one hour equally divided rule prohibiting the operation of U.S. and controlled by the chairman and ranking tion being considered by the European aircraft that have been modified to re- Union which would severely restrict minority member of the Committee on duce noise emissions or fitted with new Transportation and Infrastructure. After the use of some 1,600 U.S.-registered general debate the bill shall be considered engines. aircraft used by cargo, package serv- for amendment under the five-minute rule. The Europeans claim the EU rule is ices and passenger airlines. The bill shall be considered as read. During an environmental issue, but in fact it The straw man in this case is airline consideration of the bill for amendment, the is a trade issue, because the rule would noise, as the EU proposes to take ac- chairman of the Committee of the Whole effectively prevent U.S. airlines from tion against these U.S.-registered air- may accord priority in recognition on the selling their aircraft to European air- craft which have been engineered to basis of whether the Member offering an lines if those aircraft have been modi- amendment has caused it to be printed in the meet or exceed all applicable noise fied. standards. And I repeat, the United portion of the Congressional Record des- Ironically, however, the proposed EU ignated for that purpose in clause 8 of rule States aircraft are in compliance. XVIII. Amendments so printed shall be con- regulation would not prevent European If taken, this action will make it sidered as read. The chairman of the Com- airlines from selling their own modi- more difficult to sell the United mittee of the Whole may: (1) postpone until fied aircraft to other European air- States-owned aircraft because they a time during further consideration in the lines. This legislation, then, is in- would be barred from operating inter- Committee of the Whole a request for a re- tended to send a signal that the U.S. nationally. corded vote on any amendment; and (2) re- will not sit for such blatant discrimi- H.R. 661 says that if the EU persists duce to five minutes the minimum time for nation and that U.S.-modified aircraft in taking such action, our Secretary of electronic voting on any postponed question should be treated no differently than that follows another electronic vote without Transportation must respond by pro- intervening business, provided that the mini- similarly modified European airplanes. hibiting the arrival of the supersonic mum time for electronic voting on the first Mr. Speaker, CBO estimates that transport, the Concorde, an aircraft in any series of questions shall be 15 min- H.R. 661 would have no immediate im- which by comparison to our ever-more- utes. At the conclusion of consideration of pact on the Federal budget and that quiet United States aircraft is a regu- the bill for amendment the Committee shall the bill contains no intergovernmental lar roof-rattler. rise and report the bill to the House with mandates as defined by the Unfunded H.R. 661 sends a simple message to such amendments as may have been adopted. Mandates Reform Act. The bill would, our friends ‘‘across the pond’’ in the The previous question shall be considered as however, provide a new private-sector ordered on the bill and amendments thereto European Union that we will respond to final passage without intervening motion mandate on British Airways and Air in kind should they choose to take ac- except one motion to recommit with or with- France, the operators of the Concorde, tion that prohibits the use of U.S. air- out instructions. although such mandates are not ex- craft which are completely in compli- pected to exceed the $100 million b ance with international standards. 1045 threshold. That being said, I commend my Mr. HASTINGS of Washington. Mr. Mr. Speaker, none of us relishes re- friends from the committee of jurisdic- Speaker, for purposes of debate only, I taliatory measures of this type. Indeed, tion, the Committee on Transportation yield the customary 30 minutes to the we wish they were, in fact, unneces- and Infrastructure, and urge support of distinguished gentlewoman from New sary. But fair is fair and, accordingly, the rule and the bill. York (Ms. SLAUGHTER), pending which I I urge my colleagues to support H. Res. Mr. Speaker, I yield back the balance yield myself such time as I may con- 86 and the underlying bill, H.R. 661. of my time. H900 CONGRESSIONAL RECORD — HOUSE March 3, 1999 Mr. HASTINGS of Washington. Mr. Mr. McDade, who was the predecessor Mr. Chairman, I strongly urge my Speaker, I yield back the balance of of the gentleman from Pennsylvania colleagues to support this bill. It is a my time, and I move the previous ques- (Mr. SHERWOOD), introduced this bill simple piece of legislation that will fix tion on the resolution. last year, and it was passed overwhelm- the harmful inequity that results when The previous question was ordered. ingly in this House, but it died in the the Death on the High Seas Act is ap- The resolution was agreed to. Senate. The gentleman from Pennsyl- plied to aviation disasters. A motion to reconsider was laid on vania (Mr. SHERWOOD) is to be con- Mr. Chairman, I reserve the balance the table. gratulated for moving this legislation of my time. f so expeditiously through our commit- Mr. SHUSTER. Mr. Chairman, I yield tee so that we can be here on the floor 4 minutes to the distinguished gen- CLAIRFYING THE APPLICATION OF today to correct this obvious, nearly tleman from Tennessee (Mr. DUNCAN), THE ‘‘DEATH ON THE HIGH SEAS bizarre inequity. It is something that chairman of the Subcommittee on ACT’’ TO AVIATION INCIDENTS we certainly should do. Aviation. The SPEAKER pro tempore (Mr. Now, this bill, sponsored by the gen- Mr. DUNCAN. Mr. Chairman, I thank HASTINGS of Washington). Pursuant to tleman from Pennsylvania and sup- the gentleman from Pennsylvania (Mr. House Resolution 85 and rule XVIII, the ported by many of us on both sides of SHUSTER) for yielding me this time. Chair declares the House in the Com- the aisle, will be very helpful to the Mr. Chairman, I rise in strong sup- mittee of the Whole House on the State families of the victims of TWA 800, port of this legislation which was in- of the Union for the consideration of some of whom reside in the gentle- troduced by the very distinguished gen- the bill, H.R. 603. man’s district, and the families of air- tleman from Pennsylvania (Mr. SHER- craft crash victims throughout the b 1052 WOOD). Let me just say that this legis- United States. It will ensure that all lation, I think, shows that the gen- IN THE COMMITTEE OF THE WHOLE families are treated equally, regardless tleman from Pennsylvania really cares Accordingly, the House resolved of whether a loved one died, be it in the about his constituents and is willing to itself into the Committee of the Whole water or on land. try to help them in any way he can. House on the State of the Union for the Mr. Chairman, I reserve the balance This legislation is an example of that, consideration of the bill (H.R. 603) to of my time. because many young people from the Mr. LIPINSKI. Mr. Chairman, I yield amend title 49, United States Code, to gentleman’s district in Montoursville, myself such time as I may consume. clarify the application of the Act popu- Pennsylvania, died tragically in the Mr. Chairman, I strongly support larly known as the ‘‘Death on the High TWA 800 crash. But this legislation will Seas Act’’ to aviation incidents, with H.R. 603, a bill to clarify the applica- tion of the Death on the High Seas Act. help people all over the Nation and it Mr. FOLEY in the chair. could help families years from now if, The Clerk read the title of the bill. An identical bill overwhelmingly passed the House of Representatives God forbid, we have another similar The CHAIRMAN pro tempore. Pursu- crash in the ocean. ant to the rule, the bill is considered as last Congress. Unfortunately, the full Senate did not consider the bill before Mr. Chairman, this legislation is de- having been read the first time. signed simply to clarify the application Under the rule, the gentleman from the end of Congress. H.R. 603 addresses a gross inequity of the Death on the High Seas Act to Pennsylvania (Mr. SHUSTER), and the which was brought to our attention by aviation accidents. This issue arises be- gentleman from Minnesota (Mr. OBER- the family members of the victims of cause, in 1996, the Supreme Court real- STAR) each will control 30 minutes. The TWA flight 800, which is created when ly surprised everyone in deciding the gentleman from Illinois (Mr. LIPINSKI) case of Zickerman versus Korean Air- will control the time of the gentleman the Death on the High Seas Act is ap- plied to aviation accidents. lines in holding that the Death on the from Minnesota (Mr. OBERSTAR). If a plane crashes into the ocean High Seas Act applies to lawsuits that The Chair recognizes the gentleman more than 3 miles from land, as did arise out of an aircraft crash in the from Pennsylvania (Mr. SHUSTER). TWA flight 800, the Death on the High ocean that occurs more than 3 miles Mr. SHUSTER. Mr. Chairman, I yield Seas Act applies. This act denies fami- from land. myself such time as I may consume. lies the ability to win noneconomic Mr. Chairman, in 1996, the Supreme b 1100 damages in a lawsuit. This means that Court decided that the Death on the a family member could not be com- The effect of this decision is to treat High Seas Act applied to aviation acci- pensated, for example, for the loss of families differently depending on dents. This took everybody by surprise companionship of a loved one; parents whether their relative died in an air- because the Death on the High Seas could not be compensated for the loss craft that crashed into the ocean or Act is a shipping law and the Federal of their teenaged sons and daughters; one that crashed on land. Aviation Act states that shipping laws sons and daughters could not be com- I think it is fair to say that almost do not apply to aviation. pensated for the loss of their elderly no one in the aviation or legal commu- Nevertheless, the Supreme Court said parents. However, if a plane crashed on nities believe that this Death on the it did apply when the plane crashed land, State tort law or the Warsaw High Seas Act would apply to the TWA into the ocean outside of U.S. terri- Convention would apply. Both permit crash until the recent decision in the torial waters. The effect of this deci- the award of noneconomic damages. Zickerman case. sion is to treat families differently de- The effect of applying the Death on Moreover, as a matter of simple fair- pending on whether their relative dies the High Seas Act to aviation acci- ness and equity, a 1920 maritime ship- in an aircraft that crashes into the dents is to treat families differently ping law should not apply to the vic- ocean or one that crashes into the depending on whether the loved ones tims of the TWA crash, and this is the land. die in an aircraft that crashed into the injustice that this legislation will cor- If the plane crashes into the ocean, ocean or one that crashed on land. This rect if we pass this bill. the Death on the High Seas Act ap- is obviously unfair. The value of an in- As of now, if we do not enact the bill plies. This act prevents a family from dividual’s life does not change depend- of the gentleman from Pennsylvania collecting damages for their relatives’ ing on where the plane happens to (Mr. SHERWOOD), if a plane crashes into pain and suffering or from the loss of come down. the ocean, the Death on the High Seas the companionship of their loved one. H.R. 603 would correct this critical Act applies. This Act denies families However, if the plane crashes into land, flaw of the Death on the High Seas Act. the ability to seek compensation in a there is no legal bar to collecting these First, the bill simply adds the bill to court of law for the loss of companion- damages. the list of shipping laws that do not ship of a loved one, their relatives’ pain So, there really is no reason why the apply to aviation. Secondly, the bill and suffering, or punitive damages. Ba- monetary recovery from a lawsuit makes this change applicable to all sically, these people are limited to re- should depend upon where the plane cases still pending in the lower courts, covering only lost wages. happens to come down, whether it is which includes the family members of Because of the Zickerman decision into the water or into the land. the victims of TWA flight 800. and this law, it means that parents will March 3, 1999 CONGRESSIONAL RECORD — HOUSE H901 receive almost no compensation in the I have known Joe McDade all the crete, steel, and we create great trans- death of a child. years I served in this body, at first as portation systems, move America, that On the other hand, if a plane crashes a staff member and then as a colleague. we also have the compassion to act in on land, State tort laws apply. These There is one quality that shines matters of this kind that do justice for would permit the award of nonpecu- through this thoughtful and sparkly, those of our fellow citizens and those niary damages such as loss of compan- ever-with-a-twinkle-in-his-eye gen- whom we represent in this great body. ionship and pain and suffering. tleman who chaired the Subcommittee Mr. SHUSTER. Mr. Chairman, I am Simply put, Mr. Chairman, H.R. 603 on Energy and Water Development, and pleased to yield 3 minutes to the gen- amends the Federal Aviation Act so that was his concern for his fellow tleman from Pennsylvania (Mr. SHER- that the Death on the High Seas Act human beings, his splendid representa- WOOD), the principal author of this leg- does not apply to airline crashes. It tion of the people of his District, the islation. would accomplish this by specifically remarkable locomotive museum that I Mr. SHERWOOD. Mr. Chairman, I stating that the Death on the High visited when I took my daughter up to rise in strong support of H.R. 603, the Seas Act is one of the navigation and look at a college in his District, the ev- Airline Disaster Relief Act. I want to shipping laws that do not apply to air- erlasting memorial that he has created thank my distinguished chairman, the craft. in one after another community gentleman from Pennsylvania (Mr. With this legislation, we will ensure project to serve the needs of his people. SHUSTER) for his hard work and leader- that all families will be treated the But none of those accomplishments ship in shepherding H.R. 603 to the same, regardless of whether a plane will be a greater memorial than the en- floor. crashes into the ocean or on land. actment of this legislation, which has Additionally, I am grateful for the Again, Mr. Chairman, let me thank been introduced by the gentleman from guidance and support of the gentleman the gentleman from Pennsylvania (Mr. Pennsylvania (Mr. SHERWOOD), his suc- from Tennessee (Mr. DUNCAN), the sub- SHERWOOD) for introducing this legisla- cessor in the Congress and our commit- committee chairman, the gentleman tion, which will help a number of con- tee. from Minnesota (Mr. OBERSTAR) and stituents in his district and others It is really unfortunate the other the gentleman from Illinois (Mr. LIPIN- across the Nation who were devastated body did not act on this legislation in SKI), ranking members. by the loss of their loved ones in the the last Congress. We hope that moving The Committee on Transportation TWA Flight 800 tragedy. the bill early this year will give them and Infrastructure’s swift consider- As the gentleman from Illinois (Mr. motivation to proceed with dispatch ation of this measure is greatly appre- LIPINSKI) noted, this bill passed the and to take action on the mark of de- ciated by me and by the families of the House last year overwhelmingly. Un- layed justice overdue. victims of TWA Flight 800 and the fortunately, we did not get it worked Those of us who have served on the out in the Senate and in conference, Swiss Air tragedies. PanAm 103 Commission, my good This bill, above all, is about fairness. and we need to do that this year. I friend, John Paul Hammerschmidt, It is about providing equitable treat- think we can very quickly. former ranking member of the Sub- ment for the families who lost loved Let me also thank the gentleman committee on Public Works and the from Pennsylvania (Mr. SHUSTER), the ones in airline disasters over inter- Committee on Transportation and In- national waters. Right now, we apply a very distinguished chairman of the full frastructure, and I served on the committee, for his support on this leg- 79-year-old maritime law written to PanAm 103 Commissions. We learned help the widows of sailors lost at sea in islation, as well as the gentleman from that families of the victims realize cases of modern airline disasters. This Minnesota (Mr. OBERSTAR), the ranking nothing that we could do will bring maritime law is known as the 1920 member, and especially my good back their loved ones. friend, the gentleman from Illinois What they ask is that the injustice in Death on the High Seas Act. On July 17, 1996, 230 people lost their (Mr. LIPINSKI), the ranking member of that case, that the tragedy not be re- lives in the tragic crash of TWA Flight the Subcommittee on Aviation. peated through terrorist actions 800. Among the victims were 21 people This is a good bill, and I urge all against aviation, and in this case that Members to support it. justice be done for families in the fu- from Montoursville, Pennsylvania, a Mr. LIPINSKI. Mr. Chairman, I yield ture that may have, God forbid that it small town in my district. The people such time as he may consume to the should happen again, but who may of Montoursville were brutally im- gentleman from Minnesota (Mr. OBER- have such a tragedy occur. pacted by the sudden loss of 16 high STAR), the ranking member of the Com- PanAm 103 did not raise this issue be- school seniors and five chaperones on a mittee on Transportation and Infra- cause it crashed on land. Had PanAm trip to France for educational pur- structure. 103 not been delayed a half hour on the poses. For the families of the victims Mr. OBERSTAR. Mr. Chairman, I ground in London and taken off on aboard Flight 800, this tragedy has thank my good friend, the gentleman time, it would have been blown up over been made worse by the Supreme from Illinois (Mr. LIPINSKI), for yield the North Atlantic. Court’s application of this dated mari- me this time. I compliment him on the It would have raised the same issues time law. splendid job of leadership he has done that TWA 800 raises for us in this legis- If a plane crashed on land, family in working to craft this legislation and lation of Death on the High Seas, that members can seek redress for losses in to bring it to the floor. I thank the ancient piece of legislation that pro- State courts for various different types gentleman from Pennsylvania (Mr. hibits recovery for those who are lost of compensation. However, if a loved SHUSTER), chairman of the full com- beyond the territorial limits of the one crashed at sea, one can only seek mittee, for moving so quickly and deci- United States. compensation for loss of income in a sively last year and again this year to I will not repeat all of the points that U.S. District Court. correct the clear gap in the law that have been made about the details of In the case of a child or a retired per- amounts to an abuse of the rights of the legislation. I do not think it is nec- son lost at sea, the Supreme Court’s the families of victims. I thank, of essary to do so. The gentleman from Il- application of this archaic maritime course, the gentleman from Tennessee linois (Mr. LIPINSKI) and the gentleman law makes that child valueless in the (Mr. DUNCAN), our splendid chairman of from Pennsylvania (Mr. SHUSTER) and face of the law. the Subcommittee on Aviation, the the gentleman from Tennessee (Mr. Clearly, the application of this law is ever judicious and thoughtful advocate DUNCAN) have already made that case. patently unfair and cruel. Why are we for aviation. What we do hear, though, is a lasting standing here in 1999 and applying a This legislation arises out of a trag- memorial to the families of the vic- 1920’s maritime law to modern aviation edy that occurred in Long Island tims, to the victims themselves, that disaster claims? The time has come to Sound, but it arises also out of the gen- justice in the future will be done create one level playing field and one uine, deep, profound humanitarian con- should ever a tragedy of this mag- process for all airline crash claims. cern of our former colleague, the gen- nitude occur on the high seas. The current treatment of land and tleman from Pennsylvania, Mr. It is a great tribute to our committee sea crashes as separate and unequal McDade. that, as we build memorials of con- must come to an end. This bill clarifies H902 CONGRESSIONAL RECORD — HOUSE March 3, 1999 that the 1920s Death on the High Seas To this day the crash continues to be a na- York to Paris. They were on their way to Paris Act does not apply to aviation. tional tragedy. For almost 2 years, the families to celebrate their fifth wedding anniversary. I urge my colleagues to overwhelm- of those who perished have had to deal with Their loss, and the loss of all of the pas- ingly approve this bill for it is the more than the unbearable pain of losing a sengers and crew on the plane, was a horrible right thing to do. It is the fair thing to loved one in such a sudden, violent and public tragedy. do. It is the compassionate thing to do. manner. To this day they have to live with not Kyle and Amy symbolized the American Mr. LIPINSKI. Mr. Chairman, I do having many answers for their loss, as they spirit and were outstanding members of their not believe that I have any other continue to wait for an explanation about why community. Kyle was a small businessman speakers, and I yield myself such time the disaster occurred. and owned part of his family hardware and as I may consume. As if this disaster alone is not enough, the plumbing businesses. Amy worked at the Mr. Chairman, I would simply like to tragedy is made all the worse by an outdated hardware store and was a member of the say in conclusion that this is a very law that prevents survivors from suing in state Tamaqua Area School Board. Her work in important piece of legislation. I agree court, in front of a jury, for damages like pain local education programs was outstanding and that it should be passed overwhelm- and suffering and loss of companionship that she was the top vote-getter in both the pri- ingly. are traditionally available under the tort law mary and general election. I want to thank the gentleman from system. Had the plance crashed seconds ear- Both Amy and Kyle were well liked and well Tennessee (Mr. DUNCAN) and the gen- lierÐwhen the plane was only two miles off of respected in the community. The effect of this tleman from Minnesota (Mr. OBER- New York's coastÐthis would not be an issue. change in the law would allow families such STAR), ranking member, and the gen- However, at nine miles out, the 1920 ``Death as Kyle and Amy's to receive the same mone- tleman from Pennsylvania (Chairman on the High Seas Act'' governs. This out-dated tary awards families receive when planes SHUSTER), and the Democratic and Re- law dictates that lawsuits arising from aviation crash over land. publican staff for their outstanding co- accidents that occur more than 3 miles off of I strongly encourage all members to support operation and work on behalf of this the United States shoreline be brought in Ad- H.R. 603 The Death on the High Seas & Air- bill. miralty Court, and limits recovery of damages line Disaster Act of 1999. To help all families Everyone has worked very diligently for survivors to lose income only. While this who lose loved ones in aircraft accidents re- to bring this bill to the floor as early may have been an appropriate law 79 years gardless of where the plane crashes. as possible in this session of Congress ago, in 1999 it is nothing short of outrageous. Mr. LIPINSKI. Mr. Chairman, I yield so that we could give the other body A constituent of mine, Carol Ziemkiewicz back the balance of my time. ample and sufficient time to pass it. (ZEM-ka-witz), lost her daughter on that flight. GENERAL LEAVE Because, as it has been stated here, it Jill Ziemkiewicz had been working as a flight Mr. SHUSTER. Mr. Chairman, I ask is definitely the right thing to do, the attendant for only a month and a half when unanimous consent that all Members fair thing to do, the equitable thing to she was assigned to her first international may have 5 legislative days within do. So, please, everyone vote on behalf flight on TWA Flight 800. She would be going which to revise and extend their re- of this bill. to Paris, where she was eager to visit the Gar- marks on H.R. 603. Mr. FORBES. Mr. Chairman, today I rise in den of Versailles. An hour before TWA Flight The CHAIRMAN pro tempore. Is support of H.R. 603, the Death on the High 800 left to take Jill to Paris, she called her there objection to the request of the Seas Act. mother and summed up her anticipationÐher gentleman from Pennsylvania? As many know, I have been an outspoken last words to her were ``I'm psyched.'' There was no objection. proponent of the ideas contained within this Jill was only twenty-three years old at the Mr. SHUSTER. Mr. Chairman, I yield bill because of a tragedy that struck my district time she was killed and it is accurate to say back the balance of my time. on July 17, 1996, the crash of TWA 800, and that her life, along with every other on the The CHAIRMAN pro tempore (Mr. the loss of all of its passengers and crew. plane, ended to early. But the 230 people who BURR of North Carolina). All time for This important act would allow full com- died in that crash were not the only victims on general debate has expired. Pursuant pensation for the families of victims of aviation that fateful night. Those victims left behind to the rule, the bill shall be considered disasters like TWA 800. Current law makes families, friends, and loved ones, people who under the 5-minute rule by section, and certain distinctions between different types of continue to live but whose lives will never be each section shall be considered read. aviation disaster victims. These distinctions the same because of this tragedy. During consideration of the bill for prohibit the families of some disaster victims I am proud to support H.R. 603. H.R. 603 amendment, the Chair may accord pri- from receiving the type of compensation that will help to ensure that Carol Ziemkiewicz and ority in recognition to a Member offer- they truly deserve. As a result, many aviation the hundreds of other surviving family mem- ing an amendment that he has printed disaster victims suffered both the loss of a bers like her know that the lives of their loved in the designated place in the CONGRES- loved one and the economic assistance that ones had valueÐthat what happened to them SIONAL RECORD. Those amendments such persons provided. was a tragedy and we all must do what we will be considered read. H.R. 603 would replace outdated provisions can to ease their pain and suffering. They The Chairman of the Committee of of a law adopted 79 years ago that was de- have been through enough. I urge my col- the Whole may postpone a request for a signed to allow the surviving family members leagues to support H.R. 603. recorded vote on any amendment and of sailors lost at sea to sue for lost wages. Mr. HOLDEN. Mr. Chairman, I rise today in may reduce to a minimum of 5 minutes Subsequent court rulings determined that the support of H.R. 603 The Death on the High the time for voting on any postponed act applies to all maritime and aviation disas- Seas & Airline Disaster Act of 1999. I would question that immediately follows an- ters that occur more than one marine league, like to commend Chairman SHUSTER and other vote provided that the time for or three miles, from America's shoreline. Ranking Member Mr. OBERSTAR for quickly voting on the first question shall be a TWA 800 crashed nine miles off of Long Is- moving this bill through the Transportation minimum of 15 minutes. land's South Shore. Therefore, the Supreme Committee. I would also like to call commend The Clerk will designate section 1. Court ultimately determined that the incident Representative DON SHERWOOD for all of his The text of section 1 is as follows: was covered by existing law that limits com- hard work on bringing this bill to the floor. Be it enacted by the Senate and House of Rep- pensation to the families of victims of aviation Mr. Chairman. H.R. 603 will correct an in- resentatives of the United States of America in disasters. I am sorry to say that victims of equity in the law which currently treats families Congress assembled, TWA 800 and their surviving families have suf- differently depending on whether their relative SECTION 1. CLARIFICATION AMENDMENT. fered greatly as a result. died in an aircraft that crashed into the ocean Section 40120(a) of title 49, United States Code, is amended by inserting ‘‘(including As a matter of justice and human decency, or one that crashed into land. This is espe- the Act entitled ‘An Act relating to the I ask my colleagues to support H.R. 603. We cially harsh for families which lose a child in maintenance of actions for death on the high cannot fully restore the lives of those affected a crash. This creates cruel inequality depend- seas and other navigable waters’, approved by the crash of TWA 800 and similar disas- ing on where a plane happens to come down. March 30, 1920, commonly known as the ters, but can, and should, do what we can to Mr. Chairman, the need for this bill became Death on the High Seas Act (46 U.S.C. App. ease their pain. clear after TWA 800 crashed 8 miles off Long 761–767; 41 Stat. 537–538))’’ after ‘‘United Mr. ROTHMAN. Mr. Chairman, on July 17th, Island, New York on July 16, 1996. Two of my States’’. 1997, 230 people died when TWA Flight 800 constituents, Kyle and Amy Miller of Tamaqua, The CHAIRMAN pro tempore. Are exploded 9 miles off the coast of Long Island. PA, were aboard this flight en route from New there any amendments to section 1? March 3, 1999 CONGRESSIONAL RECORD — HOUSE H903 Hearing none, the Clerk will des- Under the rule, the gentleman from sume. I want to thank the chairman of ignate section 2. Pennsylvania (Mr. SHUSTER) and the our full committee for that very The text of section 2 is as follows: gentleman from Minnesota (Mr. OBER- strong, forceful, well-phrased state- SEC. 2. APPLICABILITY. STAR) each will control 30 minutes. ment but, more importantly, for his The amendment made by section 1 applies The Chair recognizes the gentleman prompt action on this legislation, mov- to civil actions commenced after the date of from Pennsylvania (Mr. SHUSTER). ing it through subcommittee and full the enactment of this Act and to civil ac- Mr. SHUSTER. Mr. Chairman, I yield committee to the floor quickly, be- tions that are not adjudicated by a court of myself such time as I may consume. cause the situation demanded quick ac- original jurisdiction or settled on or before Recently, the European Union took tion. The gentleman is a strong advo- such date of enactment. the first step in adopting a very dis- cate for American interests, whether in The CHAIRMAN pro tempore. Are criminatory regulation that would ef- steel or in other modes of transpor- there any amendments to section 2? fectively ban most U.S.-based stage 3 tation, but especially here in this case There being no amendments, under hushkitted and certain U.S. re-engined in aviation. the rule, the Committee rises. aircraft from operation in the Euro- I did my graduate studies at the Col- b 1115 pean Union, even though they meet all lege of Europe in Brugge, Belgium, at international noise standards. the time of the formation of the Euro- Accordingly, the Committee rose; Hushkitted aircraft are older aircraft pean Common Market. I have contin- and the Speaker pro tempore (Mr. that have what is essentially a muffler ued to follow events in Europe very WICKER) having assumed the chair, Mr. added so that they can meet the cur- closely, from the coal and steel com- BURR of North Carolina, Chairman pro rent stage 3 noise requirements. Re- munity, through the European Com- tempore of the Committee of the Whole engined aircraft are stage 2 aircraft mon Market, to the European Par- House on the State of the Union, re- that have stage 3 engines added to liament and the Council of Ministers ported that that Committee, having meet current noise requirements. developments, all of which have united had under consideration the bill (H.R. Now, the proposed European Union Europe, have brought a higher stand- 603) to amend title 49, United States regulation, on which they have already ard of living to Europe in the post- Code, to clarify the application of the taken the first step, limits the number World War II era, all of which develop- Act popularly known as the ‘‘Death on of possible buyers of U.S.-owned ments have been strongly supported by the High Seas Act’’ to aviation inci- hushkitted and re-engined aircraft. a succession of U.S. presidents and dents, pursuant to House Resolution 85, Under the regulation, the European Congresses. he reported the bill back to the House. Union operators can only buy these We want a strong, economically The SPEAKER pro tempore. Under hushkitted and re-engined aircraft strong, united Europe. It is in our best the rule, the previous question is or- from other European operators. They economic interest. It is in our national dered. cannot buy them from American opera- security interest. But it is to be a Eu- The question is on the engrossment tors. rope that will trade fairly with the and third reading of the bill. In addition, the regulation signifi- United States, that their markets must The bill was ordered to be engrossed cantly increases U.S. costs of operation be open to ours on the same terms and and read a third time, and was read the in European Union countries. New U.S. conditions that ours are open to theirs. third time. operations will have to be flown by air- And we have the world’s largest open, The SPEAKER pro tempore. The craft originally manufactured to meet free market for any commodity, and question is on the passage of the bill. stage 3 requirements even though the especially in aviation. The question was taken. retrofitted engines meet all the re- We have negotiated one after another Mr. SHUSTER. Mr. Speaker, on that quirements. U.S. hushkitted aircraft liberal aviation trade agreement with I demand the yeas and nays. will not be allowed to fly in Europe. European countries, beginning with the The yeas and nays were ordered. This is blatant, outrageous discrimi- Netherlands. Free open-skies agree- The SPEAKER pro tempore. Pursu- nation. This regulation implements a ments. We have with Germany. We ant to clause 8 of rule XX, further pro- regional standard that is substantially have with Italy. We are negotiating ceedings on this question will be post- different from that agreed upon one now with France. Why, then, in the poned until later today. through international standards and face of this openness to trade, why in f unfairly targets U.S. operations. the face of U.S. cooperation with Eu- The bill before us takes the first step rope in aviation matters, joint ven- COMMERCIAL OPERATION OF SU- to respond to these discriminatory tures with Airbus industry, the joint PERSONIC TRANSPORT CAT- practices by effectively banning flights venture between GE and Snekma, the EGORY AIRCRAFT of the Concorde in the U.S. if a final French engine manufacturer, why in The SPEAKER pro tempore. Pursu- regulation is adopted by the European the face of some 60 percent of the mate- ant to House Resolution 86 and rule Union. The Concorde does not meet the rials and parts produced for Airbus air- XVIII, the Chair declares the House in stage 3 noise requirements that the craft coming from the United States, the Committee of the Whole House on U.S.-owned hushkitted aircraft cur- why is the European Community tak- the State of the Union for the consider- rently meet. It does not even meet the ing anti-competitive action as they ation of the bill, H.R. 661. less restricted stage 2 requirements. have done with their proposal to elimi- So it is important that we, today, b 1116 nate some 1,600 U.S. aircraft from the take our first step in response to the European air system? IN THE COMMITTEE OF THE WHOLE Europeans, having already taken their The European Commission made a Accordingly, the House resolved first step, so that we demand a level recommendation to the European Par- itself into the Committee of the Whole playing field. I strongly urge support of liament, which debated this issue, and House on the State of the Union for the this bill. then adopted a proposed regulation, consideration of the bill (H.R. 661) to It is our hope that we do not need to submitted to the European Council of direct the Secretary of Transportation proceed further with the Senate and Ministers, that would restrict the use to prohibit the commercial operation having this signed into law, because in Europe of some, but not all, aircraft of supersonic transport category air- our hope is that the Europeans will not that have either a new engine or a craft that do not comply with stage 3 proceed beyond the step they have al- hushkit installed on existing engines noise levels if the European Union ready taken. But if they do, we are cer- to meet their highest current noise adopts certain aircraft noise regula- tainly prepared to respond in a similar standards, Chapter 3 of ICAO, or stage tions, with Mr. BURR of North Carolina fashion, and I urge strong support for 3 as we call it in the United States. in the chair. this pro-American legislation. On the face of it, it looks fair, but in The Clerk read the title of the bill. Mr. Chairman, I reserve the balance practice it applies only to U.S. aircraft The CHAIRMAN. Pursuant to the of my time. and U.S. engines. Conveniently, it ex- rule, the bill is considered as having Mr. OBERSTAR. Mr. Chairman, I cludes the engines produced by the GE been read the first time. yield myself such time as I may con- alliance with the French manufacturer H904 CONGRESSIONAL RECORD — HOUSE March 3, 1999 Snekma, the CFM series engines. U.S. If the proposed recommendation is Mr. Chairman, we are responding aircraft engines are quieter than their adopted, then our bill banning the Con- today. Our action moving this bill European Chapter 3 counterparts, and corde is an appropriate response to Eu- through committee and to the floor so if this regulation is finalized, the effect rope’s anti-competitive practice. quickly has already had a positive ef- would be to cost American businesses fect. Deputy Transportation Secretary b 1130 over a billion dollars in spare parts and Mort Downey informed me yesterday engine sales and reduce the resale The Concorde is European aviation’s that he was advised at an ICAO meet- value of some 1,600 U.S. aircraft as well flagship aircraft. The Concorde is Eu- ing on Friday that the President of the as reduce the market for U.S. rope’s signature technological mark on EU has postponed action for at least 3 hushkitted manufacturers. world aviation. It is a mark of pride for weeks on the pending proposal, which Now, I have been to the Nordham fa- Europe. We have been allowing their means that the Council of Ministers cilities in the United States where they market pride to fly in our airspace, will not be able to consider the banning manufacture hushkits, and I have seen even though it does not meet our noise of U.S. engines and hushkitted engines the splendid job they do. And their standards. We have been tolerant of at least until the end of this month. hushkits have been installed, starting and cooperated with airlines flying the The reason: They took very careful with Federal Express and then with Concorde. British Airways and Air note of this bill moving through com- other U.S. airline operators, to meet France operate four daily flights, eight mittee and to the House floor. The Sec- our Stage 3 standards. They do a su- operations, that is, eight arrivals and retary of Transportation and the State perb job. They quiet those engines departures each day into U.S. airspace. Department have asked for consulta- down. We are down now from the 1990 Yesterday, March 2, was the 30th anni- tion with the EU. We understand that noise law in the United States, from versary of the first Concorde flight to those consultations are likely to take 2,340 aircraft in 1990 that were Stage 2, the United States. place within the next week or so, cer- we are down to just under 900 aircraft. It is rather appropriate we bring this tainly before the end of this month. By the end of this year we will be down legislation to the floor today. I am I share the administration’s hope to under 600, and by the end of next willing, and I know the chairman of that the Europeans will come to their year we will be down to zero. our committee is willing, to cooperate senses and realize that they have a lot We have done a far superior job of and to support continuation of the at stake in working with us rather noise control in the United States than waiver that has been in place for these than against us. We have already been the European Community has done. three decades. But we are not going to through the banana wars. We have had Our aircraft are seen worldwide as the do it unless the Europeans play fair steel trade issues between the United standard. Our technology is seen world- and unless they drop their regulation States and the European community. wide as the standard. So why has Eu- that would prohibit certain U.S. air- Countervailing duties have been im- rope chosen to take this policy initia- craft from operating in European air- posed on unfair trade practices by the tive? Hushkits have been used for over space. Fair is fair. European community and by Russia. I 15 years to quiet aircraft. The regula- There will be positive environmental think Europe should get the message tion says that engines with a higher benefits from prohibiting the Concorde that in aviation, cooperation, competi- bypass ratio would be allowed in the in our airspace. Preliminary analysis tion on a fair and equitable playing European airspace, but those high by- from the FAA says that eliminating field is right, but protective practices pass engines are mostly European man- the Concorde and its noise from New are not. We take a strong stand today ufactured. York airspace will reduce the noise and I think we have got their atten- An engine’s bypass ratio is only one footprint around John F. Kennedy tion. We have just got to keep the heat of several factors in determining the International Airport by at least 20 on. actual noise produced by that equip- percent. I think that is a very strong Mr. Chairman, I reserve the balance ment. Compare a 727–200 re-engined argument. The Europeans I hope will of my time. with a Pratt & Whitney JT8D–217C/15 see the wisdom of changing their ways. Mr. SHUSTER. Mr. Chairman, I am engine and a Airbus A300B4–200 The Clinton administration, I am very pleased to yield 3 minutes to the gen- equipped with a CF6–50C2 engine. The pleased, has responded vigorously to tleman from Tennessee (Mr. DUNCAN), 727, and I want to be very precise about this thinly veiled attempt to give a the distinguished chairman of our Sub- this, because the Europeans have made competitive advantage to European committee on Aviation. a big stink about this issue, the 727 I Mr. DUNCAN. Mr. Chairman, I thank aircraft and engine manufacturers. have described is quieter than the Air- the gentleman from Pennsylvania for Transportation Secretary Slater, Com- bus 300. The 727 re-engined has a per- yielding me this time, and I rise in merce Secretary Daley and U.S. Trade formance standard of 288.8 decibels; the strong support of this bill by one of the Representive Ambassador Barshefsky Airbus A300, 293.3 decibels. Yet, under great aviation experts, the gentleman have already appealed to the European the European Union proposed regula- from Minnesota (Mr. OBERSTAR). I am Commission to defer action and to let tion, the Boeing aircraft would be proud to be a cosponsor of this bill. this go to the proper forum, the ICAO, banned, the Airbus aircraft will fly. H.R. 661, Mr. Chairman, would pro- Well, I got news for the Europeans, the International Civil Aviation Orga- hibit the commercial operation of su- that does not fly here in the United nization. personic transport aircraft if the Euro- States. Furthermore, I think this Last week, Commerce Under Sec- pean Union adopts a rule that would would be destructive in the long run retary for International Trade Aaron prohibit operation of U.S. aircraft that for the Europeans to enact this and testified before the Finance Committee have been modified with hushkits or permanently put into place this regula- of the other body: fitted with new engines. The Europeans tion because it will create havoc in the The acceleration of consideration at the contend that their regulation is merely international community in negotia- Council level appears aimed at precluding intended to improve the environment consultations between the United States and tions on future noise regulation and air the European Union before implementation by reducing aircraft noise, but this is emissions standards from aircraft. on April 1, 1999. Because of its potential im- really ridiculous. The European Union, Probably there is no one today who pact on our bilateral commerce, Secretaries if they adopt this rule, would be asking can remember what the skies over Daley and Slater, and Ambassador us to allow one of the noisiest air- Washington looked like 25 years ago. Barshefsky have written not only the Euro- planes in the world into the U.S., the Huge clouds of smoke, 12,000 tons of pean Commission but also to Ministers of the Concorde, which does not even meet pollutants deposited on the Nation’s Member States asking that the Council not Stage 2 noise standards, while banning capital from aircraft taking off from proceed with adoption of the regulation until some of the quietest airplanes in the National Airport. We have cleaned that consultations could be held. We are deeply world, planes that meet the more ad- concerned that this regulation remains on all up. We do not see those black track for approval without meaningful con- vanced Stage 3 noise requirements. smoke trails any longer. Well, Europe sultations having taken place. I have in- These would be banned only because caught on, too. They followed our path, formed the EU that the United States is pre- they come from the United States. but now they want to be discrimina- pared to respond appropriately to the harm This is not an environmental issue. tory. our industry will suffer. This is a trade issue. What the EU is March 3, 1999 CONGRESSIONAL RECORD — HOUSE H905 proposing goes against every principle that will prohibit the operation of the the distinguished chairman of the Com- of free trade and open skies and in fact Concorde in the United States. This mittee on International Relations. would be very unfair trade. In fact bill is in direct response to a proposed (Mr. GILMAN asked and was given what the Europeans are trying to do is European regulation which would ef- permission to revise and extend his re- to keep U.S. aircraft out of their mar- fectively ban most U.S.-based Stage 3 marks.) ket. The regulation in question would hushkitted and reengined aircraft from Mr. GILMAN. Mr. Chairman, I thank prevent U.S. airlines from selling their operation in the European Union. the gentleman for yielding me this aircraft to European airlines if those The European resolution banning time. I am pleased to rise in support of aircraft have been modified with these hushkits is supposedly based on noise- this bill requiring retaliation against more advanced hushkits or new en- related environmental concerns. How- the European Union banning flights of gines. But the regulation would not ever, there is no environmental analy- the Concorde if the EU adopts legisla- prevent European airlines from selling sis that supports the hushkit ban. In tion restricting the use of so-called their hushkit modified aircraft to fact, some of the aircraft that will be hushkits. other European airlines. banned under the regulation are quiet- I commend the gentleman from Min- This is blatant discrimination, Mr. er than some of those that will still be nesota (Mr. OBERSTAR) for bringing the Chairman. There is no reason that U.S. flying into European airports. issue to the floor and our attention and hushkitted aircraft should be treated The European regulation banning to the gentleman from Pennsylvania differently from European ones. More- hushkitted and reengined aircraft is (Mr. SHUSTER) and the gentleman from over, aircraft with a hushkit or a new not an environmental regulation. In- Tennessee (Mr. DUNCAN) for moving engine are environmentally friendly. stead, it is an unfair trade action dis- this measure quickly through the As I have noted, they meet the Stage 3 guised as an environmental regulation. House. standards established by our own FAA The regulation proposed by the Euro- We had the opportunity to raise this and the Chapter 3 standards estab- pean Parliament is specifically tar- issue with members of the European lished by the International Civil Avia- geted against U.S. products, such as Parliament in Strasbourg during this tion Organization, ICAO. In many Boeing aircraft, Pratt & Whitney en- past January. I was joined in that re- cases, these aircraft are quieter than gines, and hushkits, which are only gard by the gentleman from California aircraft that the Europeans would con- manufactured in the United States of (Mr. HORN), a member of the U.S. dele- tinue to allow. America. There is no doubt that this gation and a member of the Sub- The gentleman from Minnesota (Mr. regulation is designed to discriminate committee on Aviation of the Commit- OBERSTAR) has acted quickly in ad- against U.S. aircraft and aircraft man- tee on Transportation and Infrastruc- dressing this issue and he and the gen- ufacturers. ture. We informed our European col- tleman from Pennsylvania (Mr. SHU- The economic effect of this proposed leagues that we were very much con- STER) are both to be commended for regulation will be immediate and se- cerned that the proposed legislation moving this bill so quickly. I know vere. The U.S. aviation industry is al- that there is some concern regarding was a design standard and not a per- ready suffering at the hands of the Eu- the speed with which we are moving. formance standard and that it was uni- ropeans. Within the past 2 years, Some people really wanted us to go lateral action not in keeping with the Boeing’s market share has fallen from much further. But this bill is an appro- rules of the International Civil Avia- 70 percent to 50 percent. Boeing is los- priate and I think measured response tion Organization. We told them it ing out to Airbus, which is still sub- to the European action. It would target would cause great harm to American sidized by four European countries that the commercial flights of the Concorde interests. own it, because Boeing does not receive which meet neither the Stage 3 nor Upon our return to the States, the the same protectionist treatment that Chapter 3 standards for noise. In fact, gentleman from California and I de- is given to Airbus. as I noted earlier, they do not even cided to proceed in expressing our We cannot allow the Europeans to meet Stage 2 noise standards. They views in greater detail. Meanwhile, the use the environment as a false excuse make much more noise than the legislative tempo in Europe sped up al- to attack U.S. aviation and aviation hushkitted aircraft that the Europeans most as if to try to cut off the flow of companies. Therefore, if this proposed want to ban. The EU refused to enter information from this side of the At- regulation banning hushkitted and into consultations regarding its meas- lantic. reengined aircraft is implemented, we ure until this bill was introduced. It is b 1145 important that we move ahead with must reciprocate by banning the oper- ation of the Concorde, which is the The legislation was approved in early this bill to keep up the pressure on the February even though it did not appear EU. This approach will give our State pride of European aviation. H.R. 661 sends a strong message to on the advanced agenda for that day of Department added leverage in its con- our counterparts in Europe that we are the week, and the final step in the sultations and negotiations on this serious about this issue. We cannot af- adoption of the European legislation is matter. approval by the Council of Ministers of This is a very good bill, Mr. Chair- ford to let Europe use unfair trade man. I urge my fellow Members to sup- methods to protect and promote their the European Union. However, in reac- port it. own aviation industry at the expense of tion to strong representations by sev- Mr. OBERSTAR. Mr. Chairman, I U.S. companies. Boeing cannot afford eral members of our own Cabinet and, yield such time as he may consume to to lose any more market share. In fact, I believe, in the expectation that this the gentleman from Illinois (Mr. LIPIN- no U.S. company can afford to lose legislation we are now considering will SKI), ranking member of the Sub- business because of unfair trade regula- be coming to the floor, the European committee on Aviation, and thank him tions. Union’s Executive Commission has for his splendid support for this issue. I strongly urge my colleagues to sup- asked the final approval by the council Mr. LIPINSKI. Mr. Chairman, I port H.R. 661. This bill will ban the op- administrators be held off until late thank the gentleman from Minnesota eration of the Concorde in the United March. During that time and during for yielding me the time. I want to States if and only if the European which negotiations will be under way compliment him on this piece of legis- Union implements the regulation ban- we are hoping that some kind of agree- lation. My only regret in regards to it ning hushkitted and reengined aircraft. ment can be reached that will uphold is that I did not think of it first. I sa- We must act quickly to let the Euro- our American interests. lute him. I also want to thank the gen- peans know we are serious about pro- Mr. Chairman, we have often heard tleman from Tennessee (Mr. DUNCAN) tecting U.S. environmental interests the view that sanctions do not work. and the gentleman from Pennsylvania from unfair trade actions, even if they Well, this is a case where the justified (Mr. SHUSTER) for moving this bill so are disguised as environmental protec- frustration and concern of the Amer- quickly through the subcommittee and tions. ican people has brought us to the point the full committee. Mr. SHUSTER. Mr. Chairman, I am of adopting a unilateral sanction to re- Mr. Chairman, I rise today in very, pleased to yield 41⁄2 minutes to the gen- taliate, and we will do so by a wide very strong support of H.R. 661, a bill tleman from New York (Mr. GILMAN) margin. I hope that the sponsors of this H906 CONGRESSIONAL RECORD — HOUSE March 3, 1999 bill will bear in mind how important it standard, and that it was a unilateral action and balance them along with the very impor- was to take quick action and will not not in keeping with the rules of the Inter- tant American interests involved in the hush kit agree to legislation to place speed national Civil Aviation Organization. We told issue per se. bumps in the way of enactment of fu- them it would cause great harm to American Let me indicate my dismay that the ``hush ture sanctions bills. I hope that the interests. kit'' issue was allowed to get to the point bill’s managers will be sensitive to the We were pleasantly surprised to learn that where it may precipitate a series of measures need to modify this bill as the process the new Chairman of the European Parliament and countermeasures. We need to prevent moves along and will bear in mind the delegation, Barry Seal, M.E.P., was the that from happening and not just reacting to importance of the overall U.S.-EU rela- spokesman of the Socialist group on aviation. events. tionship and balance them along with He told us that he had been unaware of the The U.S. and European Parliament delega- the very important American interests problem the United States had with the legis- tions agreed in Strasbourg to step up the level involved in the hushkit issue. lation and that he would look into it. Mr. Seal of our cooperation for this purpose (among Let me indicate my dismay that the serves on the EP's Transportation Committee. others). Indeed, we have formed a ``Trans- hushkit issue was allowed to get to Subsequently, a meeting of the Parliament's atlantic Legislative Dialogue.'' We hope to this point where it may precipitate a Environment Committee was held and this bill have, for example, videoconferences to allow series of measures and counter- was discussed. Another member of the EP's in depth discussions on the issues that con- measures. We need to prevent this from delegation for relations with the United States, cern us. Aviation issues such as Airbus/Boe- happening and not just reacting to Mary Banotti, M.E.P., raised our concerns ing and ``hushkits'' might well be a good place events. The U.S. and European par- along with her own. However, she did not to start. We will also be setting up links be- liamentary delegations agreed in amend the legislation, but expressed her hope tween relevant Committees to try to give early Strasbourg to step up the level of our that an amendment could be worked out that warning and advice in both directions across cooperation for this purpose among would provide for a performance standard in the AtlanticÐagain, to try to prevent crises in others. Indeed, we have formed a trans- lieu of a design standard. our relationship and to find ways to cooperate. atlantic legislative dialogue. We hope Upon our return, Congressman HORN and I There is no question that there have been to have, for example, video conferences wrote to the EU Members we had met with ex- significant bumps on the road in U.S.-EU rela- to allow in-depth discussions on the pressing our views in greater detail. In addi- tions in the recent past. With tensions high on issues that concern us. Aviation issues tion, Mr. HORN and I rounded up several col- the banana and beef hormone disputes, not to such as Airbus/Boeing and hushkits leagues on a letter to Secretary Slater and mention issues such as data protection, Iran, might well be a good place to start. Ambassador Barshefsky to express our con- and Cuba, we need to keep all lines of com- We will also be setting up links be- cerns. munication open. The private sector also needs to be on the tween the relevant committees to try Meanwhile, the legislative tempo in Europe lookout for legislation or regulations that will to give early warning and advice in sped up, almost as if to try to cut off the flow cause the U.S. and the EU to come into con- both directions across the Atlantic, of information from this side of the Atlantic. flict. Organizations such as the Transatlantic again to try to prevent crises in our re- The legislation was approved on February Business Dialogue and the Transatlantic Pol- lationships and find ways to cooperate. 10th, even though it did not appear on the ad- icy Network have an important role to play in Our Nation and the EU’s democracies, vance agenda for that day or week. this regard. Our Administration could also do which have the world’s largest trading The final step in the adoption of the Euro- a better job in keeping on the lookout for such and investing relationships, need, of pean legislation is approval by the Council of Ministers of the European Union. However, in problems on the horizon. But they need to be course, to head off conflict wherever helped by the private sectorÐand there is no reaction to strong representations by several possible. question that the rather non-transparent policy In conclusion, not only is conflict members of the United States cabinet, and, I process in Brussels contributes to our being disruptive to our economies, but it can believe, in the expectation that this legislation taken by surprise from time to time. Policy- make it difficult for us to cooperate on we are now considering would be coming to makers need to have issues on which conflict the floor, the European Union's Executive important matters on the transatlantic might arise brought to their attention well in Commission has asked that final approval by agenda and in third countries. It has advance, so that they can be addressed with the Council of Ministers be held off until late aptly been said that if our Nation and ample time to make effective, thoughtful deci- March. During this period of time, during which Europe do not act together, little will sions. get done on the world scene. negotiations will be under way, I hope some Our Nation and the EU's democracies, So, let me conclude again by saying kind of agreement can be reached that will up- which have the world's largest trading and in- that we simply must do a better job of hold American interests. vesting relationship, need, of course, to head managing the U.S.-EU relationships, Even so, it appears that the legislation itself off conflict wherever possible. Not only is con- but I regret to say that at this point we will be adopted, and whatever agreement flict disruptive to our economies, but it can need to keep the pressure on, and the comes will be by way of a side agreement of make it difficult for us to cooperate on impor- best course of action is to pass this some sort relating to the implementation of the tant matters on the transatlantic agenda and in measure before us. Accordingly, I urge legislation. If no appropriate agreement is third countries. It has aptly been said that if my colleagues to support H.R. 661. reached, legislation like this may be just the the United States and Europe do not act to- Mr. Chairman, I rise in support of this bill re- beginning of our reaction to the EU's position. gether, little will get done on the world scene. quiring retaliation against the European Union Mr. Chairman, we have often heard in this Let me conclude by saying that we simply banning flights of the Concorde if the EU chamber the view that ``sanctions don't work.'' must do a better job of managing the U.S.-EU adopts legislation to restrict the use of so- Well, here is a case where the justified frustra- relationship but, I regret to say, at this point called ``hush kits.'' tion and concern of the American people have we need to keep the pressure on and the best I became aware of the so-called ``hush kit'' brought us to the point of adoptingÐdare I say course of action is to pass this bill. issue late last year, when the impending Euro- it?Ða ``unilateral sanction'' to retaliate. And we Accordingly, I urge my colleagues to support pean legislation to ban the entry of additional will do so by a wide margin. I hope that the H.R. 661. ``hushkitted'' planes from Europe was brought sponsors of this bill will remember how impor- Mr. OBERSTAR. Mr. Chairman, be- to my attention by industry. tant it was to take quick action and will not fore I yield to the gentleman from Con- After consultation with industry and the Ex- agree to legislation to place ``speed bumps'' in necticut (Mr. GEJDENSON), I yield my- ecutive branch, we had the opportunity to the way of the enactment of future ``sanctions'' self 30 seconds to say that I am de- raise it with members of the European Par- bills. lighted to hear from the Chairman of liament in Strasbourg this past January. I was The mere threat of the passage of this the Committee on International Rela- joined in this regard by our colleague, Con- sanctions bill becoming law should make its tions that this mechanism is being set gressman STEVE HORN, a member of our final enactment unnecessary. It may well be up for consultations through the com- United States delegation and a member of the necessary to modify this bill in the Senate or mittee process between the U.S. Con- Aviation Subcommittee of the Transportation in Conference to reflect an agreement be- gress and the European Parliament. I Committee. tween the United States and EU. I hope that think that will go a long way to im- We informed our European friends that we this bill's managers will be sensitive to the prove understandings and prevent, were concerned that the proposed legislation need to do so, and will bear in mind the im- hopefully, debacles of this kind or near was a design standard, not a performance portance of the overall U.S.-EU relationship, debacles of this kind. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H907 Mr. Chairman, I yield 2 minutes to internationally-established noise standards such date of adoption, the commercial oper- the gentleman from Connecticut (Mr. agreed upon by the International Civil Aviation ation of a civil supersonic transport category GEJDENSON). Organization. aircraft to or from an airport in the United Mr. GEJDENSON. Mr. Chairman, I And the regulation, which is presumably de- States unless the Secretary finds that the aircraft complies with stage 3 noise levels. want to commend the chairman and signed to reduce environmental noise, will ranking member for moving quickly. allow purchases of aircraft with the same level The CHAIRMAN. During consider- This is a critical time in our relation- of noise emissions that are already owned by ation of the bill for amendment, the ship with the European community, be- EU operators. Chair may accord priority in recogni- cause the ground rules are just being This type of gerrymandered regulation is a tion to a Member offering an amend- established, and if the United States step backward in our efforts to promote inter- ment that he has printed in the des- sits back as the Europeans close up national cooperation and a freer flow of trade, ignated place in the CONGRESSIONAL this very important market for us, pro- and may actually be a violation of some bilat- RECORD. Those amendments will be tecting and nurturing their own mar- eral air service agreements between EU mem- considered read. kets, we will find it will not just be in ber states and the U.S. The Chairman of the Committee of aerospace, it will be in every other sec- If the rule is adopted, U.S. manufacturers, the Whole may postpone a request for a tor. Any time the Europeans have a airlines, and leasing companies stand to lose recorded vote on any amendment and problem, whether it is exports of grain billions of dollarsÐand the impact on U.S. may reduce to a minimum of 5 minutes or beef or technology, they will come aviation workers will be substantial. the time for voting on any postponed up with some new standard that their I've heard estimates that the EU rule could question that immediately follows an- companies have already reached or result in job reductions as high as 16 thou- other vote, provided that the time for have been advance notified, and Amer- sand at impacted airlines and engine manu- voting on the first question shall be a ican companies will be locked out. facturers. minimum of 15 minutes. This administration and this Con- The U.S. can't stand by and watch as the Are there any amendments to the gress have to be tough and hard on this EU unilaterally takes steps with this wide of an bill? issue because, as we begin the relation- impact on U.S. airline, machinist, and aero- If not, under the rule the Committee ship with a unified Europe, if they get space workers. rises. the sense that they can shut out Amer- H.R. 661 is an appropriate response to an Accordingly, the Committee rose; ican products without paying a price, unfair barrier, and I strongly support its pas- and the Speaker pro tempore (Mr. every worker and every company in sage. FORBES) having assumed the chair, Mr. America is under threat. Again, I thank the Chairman and the Rank- BURR of North Carolina, Chairman of Mr. Chairman, again I commend the ing Member for their efforts and I urge my col- the Committee of the Whole House on ranking member and the chairman for leagues to support this legislation. the State of the Union, reported that taking this swift action. Mr. FROST. Mr. Chairman, I rise to express that Committee, having had under con- Mr. OBERSTAR. Mr. Chairman, I apprehension regarding the passage of H.R. sideration the bill (H.R. 661) to direct yield myself 30 seconds. 661. This bill, which bans the Concorde from the Secretary of Transportation to pro- I totally concur in the splendid state- operating in the United States, was introduced hibit the commercial operation of su- ment of the gentleman from Connecti- to deter the European Union (EU) from adopt- personic transport category aircraft cut (Mr. GEJDENSON). After all, Europe ing a proposed regulation that would limit the that do not comply with stage 3 noise is where they invented the Hanseatic use of hushkitted aircraft in Europe. American levels if the European Union adopts League, cartels, and they know how to companies are worldwide suppliers of certain aircraft noise regulations, pur- control markets. This is a message to hushkits, which are fitted on older aircraft to suant to House Resolution 86, he re- Europe: ‘‘You’re not going to do it in reduce their noise level to meet worldwide ported the bill back to the House. aviation.’’ noise pollution standards. The EU regulation The SPEAKER pro tempore. Under Mr. Chairman, I have no further discriminates against U.S. companies, and will the rule, the previous question is or- speakers, and I yield back the balance cost American industry millions of dollars in dered. of my time. losses. I strongly oppose the EU's regulation The bill was ordered to be engrossed Mr. SHUSTER. Mr. Chairman, I yield to restrict hushkitted aircraft, and support ef- and read a third time, was read the myself such time as I may consume. forts to propel the EU to reassess their hushkit third time, and passed, and a motion to I would emphasize indeed it is the regulation. reconsider was laid on the table. gentleman from Minnesota (Mr. OBER- Last week, the EU did just that. The EU de- f STAR) who provided the leadership in cided to postpone its decision on banning moving this bill forward, and so I am hushkitted aircraft until the end of March 1999. GENERAL LEAVE very happy to be supportive of his ini- Originally, the EU was scheduled to pass the Mr. SHUSTER. Mr. Speaker, I ask tiative, but he is the one that really regulation on March 9, 1999. This delay gives unanimous consent that all Members deserves the credit for this. U.S. negotiators a chance to make our case to have 5 legislative days in which to re- Mr. BAIRD. Mr. Chairman, I rise today in the EU, and us a chance to carefully consider vise and extend their remarks in the strong support of this legislation, and I would a reasoned and appropriate U.S. response if RECORD on H.R. 661, the bill just like to thank the distinguished Chairman and one proves necessary. I have some concerns passed. the ranking member for giving members the that this particular proposal is neither effective The SPEAKER pro tempore. Is there opportunity to express their concern about this nor risk free for U.S. interests. objection to the request of the gen- situation. Mr. SHUSTER. Mr. Chairman, I yield tleman from Pennsylvania? At a time when the United States has ad- back the balance of my time. There was no objection. vanced measures to reduce trade barriers and The CHAIRMAN. All time for general f open doors to the global marketplaceÐand debate has expired. while the European Union has done much of Pursuant to the rule, the bill is con- PEACE CORPS ACT the sameÐwe're facing the passage of a new sidered read for amendment under the AUTHORIZATION European Union regulation to limit the fair 5-minute rule. The SPEAKER pro tempore. Pursu- trade of aircraft. The text of H.R. 661 is as follows: ant to House Resolution 83 and rule The regulation will have the effect of target- H.R. 661 XVIII, the Chair declares the House in ing the resale of U.S. aircraft that already Be it enacted by the Senate and House of Rep- the Committee of the Whole House on meet International noise standards. And one resentatives of the United States of America in the State of the Union for the consider- of the most frustrating aspects of this initiative, Congress assembled, ation of the bill, H.R. 669. common position 66/99, is that some of the SECTION 1. COMMERCIAL OPERATION OF SUPER- SONIC TRANSPORT CATEGORY AIR- b 1155 aircraft banned under that regulation are quiet- CRAFT. IN THE COMMITTEE OF THE WHOLE er than some that are permitted to be sold. If the European Union adopts Common Po- The regulation would prohibit the purchase sition (EC) No. 66/98 as a final regulation or Accordingly, the House resolved of aircraft, from non-EU nations, that have adopts any similar final regulation, the Sec- itself into the Committee of the Whole been re-engined with a ``hushkit'' to meet retary of Transportation shall prohibit, after House on the State of the Union for the H908 CONGRESSIONAL RECORD — HOUSE March 3, 1999 consideration of the bill (H.R. 669) to Americans have served in the Peace pleased to report to you that we have seen an amend the Peace Corps Act to author- Corps, including seven U.S. ambas- equally significant increase in interest in ize appropriations for fiscal years 2000 sadors, five current Members of Con- Peace Corps service among Americans here at home. Each year, tens of thousands of our through 2003 to carry out that Act, and gress and Senator DODD, and they rep- fellow citizens contact the Peace Corps seek- for other purposes, with Mr. PEASE in resent an invaluable corps of veterans ing information about serving as a Volun- the chair. who speak over 80 languages in some of teer, and thousands of more of our citizens The Clerk read the title of the bill. the countries most important in ad- apply for Peace Corps service than our budg- The CHAIRMAN. Pursuant to the vancing our Nation’s nationality secu- et can fund. This growth in interest in the rule, the bill is considered as having rity, economic and humanitarian inter- Peace Corps reflects our country’s great tra- been read the first time. ests. dition of service and our willingness to work Under the rule, the gentleman from Mr. Chairman, the Peace Corps is with people in some of the world’s poorest New York (Mr. GILMAN) and the gen- changing. It is not the same young peo- countries who want to build a better future for their communities. I believe that now is tleman from Connecticut (Mr. GEJDEN- ple going overseas just to teach the time to enable more of our citizens to SON) each will control 30 minutes. English. More people are volunteering offer their skills in the cause of peace and The Chair recognizes the gentleman after retiring, providing a wealth of progress in the developing world. from New York (Mr. GILMAN). knowledge and experience to their I also wish to assure you and the Commit- Mr. GILMAN. Mr. Chairman I yield projects. tee that the Peace Corps is prepared to man- myself such time as I may consume. Peace Corps Director Mark Gearan age this growth in the Volunteers corps in a (Mr. GILMAN asked and was given formed the Crisis Corps to bring former responsible manner. In recent years, the permission to revise and extend his re- volunteers back to the most difficult Peace Corps has implemented a series of marks.) projects of importance to our Nation. operational policies that have reduced the Mr. GILMAN. Mr. Chairman, the For example, Crisis Corps volunteers agency’s overhead costs and improved the way we conduct our business. We have re- main purpose of H.R. 6689 is to reau- are serving today in Central America, duced the size of our headquarters staff, thorize appropriations to expand the helping those nations recover from the closed five regional recruitment offices, and Peace Corps to President Ronald Rea- 200-year devastation of Hurricane closed 18 overseas programs. These cost sav- gan’s goal of 10,000 volunteers. This Mitch. ings have allowed us to open new and excit- legislation was introduced by the gen- b 1200 ing Volunteer programs in South Africa, Jor- tleman from California (Mr. CAMPBELL) dan, Mozambique, and Bangladesh. More- and the gentleman from Connecticut House passage of this bill will dem- over, these management streamlining efforts will also ensure that the Peace Corps can re- (Mr. GEJDENSON), and I am proud to be onstrate that the Congress is back at work, passing important legislation cruit, train, and support additional Volun- a cosponsor along with the gentleman teers under the Committee’s authorized from Illinois (Mr. HYDE), the gen- and doing it on a bipartisan basis. Accordingly, Mr. Chairman, I urge funding level. tleman from Nebraska (Mr. BEREUTER), support for this measure, and I insert Finally, Peace Corps Volunteers are fulfill- the gentleman from Iowa (Mr. LEACH) ing an even larger purpose through their and the gentleman from New York (Mr. the following for the RECORD: service in the developing world: By living THE DIRECTOR OF THE PEACE CORPS, HOUGHTON). I understand that all three and working overseas for two years, they are Washington, DC, March 3, 1998. strengthening the ties of friendship and Republican and all three Democratic Hon. BENJAMIN GILMAN, Members who served in the Peace cross-cultural understanding between our Committee on International Relations, citizens and the people of other countries. In Corps cosponsored this bill. Senator House of Representatives, Washington, DC. the process, they build enormous goodwill DEAR MR. CHAIRMAN: I am writing to con- COVERDELL and Senator DODD will in- for our country and make an intangible con- vey my sincere appreciation to you and the troduce companion legislation in the tribution to our country’s long-term inter- other Members of the Committee for your Senate. ests abroad. As we look to maintain Ameri- decision to authorize an increase of $29 mil- Mr. Chairman, 14 years ago Ronald ca’s leadership in the next century, our un- lion for the Peace Corps FY 2000 budget. The derstanding of other people and cultures will Reagan’s late beloved Peace Corps di- Peace Corps has been fortunate to enjoy bi- assume an even greater importance in main- rector, Loret Ruppe, gave us a vision of partisan support in the Congress for many taining our international leadership. I be- a Peace Corps that could grow to 10,000 years. On behalf of the Peace Corps, I wish to lieve that there are few organizations that volunteers, and today we renew that thank you for the strong leadership that you can contribute as much to America’s under- have brought to bear in making it possible goal on a bipartisan basis, working standing of the world beyond our borders as for more Americans to serve our country as with the administration and with the the Peace Corps. Peace Corps Volunteers. If Congress appro- minority in Congress to realize that vi- Mr. Chairman, as part of our efforts to priates the Committee’s authorized funding sion. mark the 38th anniversary of the founding of level, there will be 8,000 Volunteers serving the Peace Corps, yesterday thousands of This bill was carefully drafted in co- overseas by the end of FY 2000. This proposed former Volunteers visited classrooms in operation with the administration and budget will keep the Peace Corps on the path every state to talk with students about the with OMB, and while we initially to achieving the goal that Congress estab- cross-cultural experience they gained while planned to get the Peace Corps to 10,000 lished for us in 1985—to field a Volunteer serving in the Peace Corps. This is but one Corps of 10,000—in the early part of the next by the year 2000, budget realities and example of how Peace Corps Volunteers con- century. our concern for the planned and or- tinue their service, even after returning derly expansion of the Corps means This is a particularly appropriate moment in the Peace Corps history to undertake a home, and our country can take great pride that we will reach our goal by the year careful effort to expand the number of Vol- in what our Volunteers are accomplishing 2003. This is a slower pace than we like unteers. Today, there are nearly 6,700 Volun- overseas every day. I thank you and the and with which the gentleman from teers serving in 79 countries. In recent years, other Members of the Committee for provid- Alabama (Mr. CALLAHAN) has indicated however, the requests for Peace Corps Volun- ing the support that is so vital to the thou- he would be more comfortable. teers that we have received from developing sands of other Americans who want to take part in the Peace Corps experience, and I We choose the Peace Corps as one of countries has generally far exceeded the ca- pacity of our budget. There is a reason for look forward to working with you to make our first orders of business because it our goal of 10,000 Volunteers a reality. represents the best part of our foreign this: Our Volunteers are making important and lasting contributions to the development Best wishes. assistance programs. The Peace Corps of some of the world’s poorest communities. Sincerely, ARK D. GEARAN, remains foremost in the imagination of Their work at the grass-roots level in edu- M America’s young people. From Presi- cation, small business development, the en- Director. dent Kennedy to President Reagan and vironment, health, and agriculture has be- Mr. Chairman, I reserve the balance now to President Clinton, the Peace come a model of success for other inter- of my time. Corps serves as a symbol of what is national development agencies. Given the Mr. GEJDENSON. Mr. Chairman, I best in our own Nation and its humani- pressing need for this kind of people-to-peo- yield myself such time as I may con- tarian missions around the world. ple assistance, I am confident that the addi- sume. Today, there are millions of people tional Volunteers we recruit will have effec- Mr. Chairman, oftentimes the debate tive and successful jobs in their overseas around the world whose first impres- communities. on the floor is whether the investment sion of our Nation is through a Peace As the need for the service of Peace Corps of the taxpayers’ resources is commen- Corps volunteer. To date, over 150,000 Volunteers continues to rise overseas, I am surate with the benefit we get as a March 3, 1999 CONGRESSIONAL RECORD — HOUSE H909 country from the expenditure. The en- volunteers, qualified to be ambassadors complished an actual reduction of 13 tire foreign assistance program is less of our country overseas, and to do good percent in the United States-based than 1 percent of the Federal budget, at the most basic levels overseas, we staff, putting more of the Peace Corps and the Peace Corps is less than 1 per- have more volunteers for that task resources overseas where they make cent of that budget. than we have budget authority to em- such a difference. When we take a look at the impact it ploy. The Peace Corps has also achieved a has on the world community from For example, over the last 4 years, 14 percent decrease in the annual cost President Kennedy’s initiation of this the numbers of Americans requesting of a volunteer. Under Mark Gearan’s program, there is no American pro- applications for the Peace Corps has directorship we have closed unneces- gram that has been a better ambas- gone up by 40 percent. Financially, sary regional recruiting offices, and sador for America and its values than though, over the last 4 years, we have consolidated our activities overseas. the Peace Corps. only been able to adopt and make part The administration, in other words, I think a sense of what the broad- of the Peace Corps an increase of 2 per- has improved the Peace Corps until it based support in this Congress is for cent. is, in my judgment, to be compared fa- this program is not because of a Wash- Since its inception, over 150,000 vorably with any of our foreign assist- ington decision, it is a decision in the Americans have served in the Peace ance programs. countryside. The American people like Corps. I am proud to relate that every Lastly, Mr. Chairman, I want to add what the Peace Corps does. It takes returning Peace Corps volunteer mem- a personal note, that when my wife and people with normal skills in survival, ber of this House of Representatives is I were in Senegal we witnessed the building dams, houses, finding ways to a cosponsor of the bill. I draw particu- opening of the Karen Robinson Center train people better, and puts them in lar attention to the gentleman from just outside Dakar, a center that was countries where they are desperately Connecticut (Mr. CHRIS SHAYS), the created to assist albino children who, needed. gentleman from California (Mr. SAM in that society, had theretofore been Unlike other programs that are often FARR), the gentleman from New York social outcasts and who also had phys- hard to calculate in their impact, that (Mr. JIM WALSH), and the gentleman ical disabilities particularly associated have fungible effects on their economy, from Wisconsin (Mr. TOM PETRI); and with the bright sun, the danger of ex- this is one where we can see one indi- over in the other body, Senators DODD posure to sun, due to their lack of pig- vidual helping a family, helping a vil- and COVERDELL. Senator COVERDELL is mentation, as well as the near- lage, and representing the very best of not technically a returned volunteer, sightedness that is oftentimes associ- our American society. but he was director of the Peace Corps ated with albinism. So I am proud to be here today to under President George Bush. The point is that this center, opened support this budget, to support the Ad- Mr. Chairman, I have a personal in- for this remarkably compassionate ministration’s request to make sure terest in Africa that I have attempted purpose, was named for a Peace Corps there is adequate funding so these am- to bring to the attention of my col- volunteer whose idea it was, who ar- bassadors for America’s best interest leagues on many occasions. Whenever I ranged the local funding, who arranged can continue to do their job. I would travel to Africa, I try to focus on the the assistance with the local authori- hope that my colleagues would all join poorest countries, the countries of ties, so that it happened. together in supporting this legislation. greatest need. My wife travels with me. Mr. Chairman, there are stories like Mr. Chairman, I reserve the balance Susanne and I have visited, just in the the Karen Robinson Center in every of my time. last few months, the Ivory Coast, country throughout Africa that I have Mr. GILMAN. Mr. Chairman, I yield Ghana, Mali, and in previous trips, as been privileged to visit over the last 3 such time as he may consume to the well, Eritrea, Ethiopia, Kenya, Tanza- years. I conclude by saying that of all gentleman from California (Mr. CAMP- nia, Rwanda, Burundi, Congo. of the honors that the chairman of the BELL), a sponsor of the legislation. Every time we visit we make a point Committee on International Relations Mr. CAMPBELL. Mr. Chairman, I to see the Peace Corps volunteers, to could have given me, his designation of thank the gentleman from New York find out what they are doing, to talk me to be the author of this bill is cer- (Mr. GILMAN) for giving me the honor with them. Then I will frequently write tainly the highest. I am most grateful. to present this bill on the floor. I would a note to the individuals’ parents to let not be here were it not for the gra- them know how proud we are of the job Mr. GEJDENSON. Mr. Chairman, it ciousness of the chairman of the Com- they are doing. Recently, Mr. Chair- is a great pleasure to yield 5 minutes mittee on International Relations, who man, I have been writing notes to their to the gentlewoman from California asked me to carry this very important children, because the Peace Corps now (Ms. ESHOO). legislation. is taking more and more Americans Ms. ESHOO. Mr. Chairman, I thank At the start, I also want to recognize who have finished a career and have de- our very distinguished ranking mem- the very fine leadership of Mark cided to give to their country and give ber, the gentleman from Connecticut Gearan and the Administration’s to their world at that stage in their (Mr. GEJDENSON). strong support for this Peace Corps re- lives, a little departure from what we I am very proud to rise today in sup- authorization bill. We truly have a bi- might have originally identified with port of H.R. 669, a bill which is de- partisan consensus that this is a way the Peace Corps. signed to expand the Peace Corps so it to show to the rest of the world the This bill allows adequate funding to can meet the demands and challenges very best that America has to offer; allow this increase in volunteers and to as it heads into the 21st century. that funds for the Peace Corps are, in make other changes in the authorizing Mr. Chairman, the extraordinary vi- my judgment, the best dollars that we legislation, so that Peace Corps volun- sion of President Kennedy really lives spend in the foreign assistance cat- teers and employees will have many of on today through the Peace Corps. In egories. the same benefits accorded to members the Congress of the United States, we This reauthorization bill permits the of the Foreign Service. have our own honor roll of former increase in numbers of volunteers from Affirmatively, it is good for our Peace Corps members: in the House, today’s level of 6,700 to eventually country, good for the world. But in ad- the gentleman from California (Mr. 10,000 by the year 2003. I note that this dition, I wish to anticipate those who SAM FARR), the gentleman from Con- is, as a benchmark, still not the maxi- have criticized the Peace Corps, who necticut (Mr. CHRIS SHAYS), the gen- mum that we have ever had in the have been very few over the years, but tleman from New York (Mr. JIM Peace Corps. That was reached in 1966, there have been some, and to the ex- WALSH); certainly in the Senate, CHRIS when we had 15,000. But it is a goal to- tent that those criticisms were valid, it DODD, the late Paul Tsongas. wards which we have been directing is my judgment that this director of Mr. Chairman, when we send Peace our efforts for some time. the Peace Corps, Mr. Mark Gearan, has Corps volunteers overseas, we do not Presently, we have more people in superbly addressed them. just export our volunteers. We really America applying to be Peace Corps I note, for example, that under his are exporting American values. Our volunteers, qualified to be Peace Corps leadership the Peace Corps has now ac- Peace Corps volunteers demonstrate H910 CONGRESSIONAL RECORD — HOUSE March 3, 1999 firsthand what it means to build com- have the highest regard for my neigh- As a personal note, a former intern of munity and to build democracy. We ex- bor and colleague. this Member’s staff in whom we take port our great intellectual genius with Mr. Chairman, I yield 3 minutes to great pride was Tammy Ortega, who each one of our volunteers. my distinguished colleague, the gen- performed in an exemplary fashion as a The Peace Corps has always enjoyed tleman from Nebraska (Mr. BEREUTER), Peace Corps volunteer in ecuadorial a bipartisan support in the Congress. the chairman of the Subcommittee on Guinea. This Nation should be proud The proposed increases in this bill real- Asia and the Pacific of the Committee that we have individuals like Tammy ly represent, I think, a very small in- on International Relations. who are willing to devote 2 or more vestment for a large return. By sending (Mr. BEREUTER asked and was years of their lives to helping those our best and our brightest ambas- given permission to revise and extend less fortunate. sadors, the Peace Corps itself is one of his remarks.) Mr. Chairman, for many reasons, this the most effective and long-lasting for- Mr. BEREUTER. Mr. Chairman, I Member is pleased both to cosponsor eign policy tools that the United thank the gentleman for yielding time this important bill, and I urge all of States of America has. to me. my colleagues to support H.R. 669, in- Mr. Chairman, I rise in strong sup- At a time when so many of our young troduced by our distinguished col- port of H.R. 669, the Peace Corps Reau- people, Mr. Chairman, are turning league, the gentleman from California thorization Act, which will strengthen away from public service, are not inter- (Mr. CAMPBELL). the impact of the Peace Corps. This ested in it, the Peace Corps is actually b 1215 inundated with applications and is hav- legislation was introduced by our dis- ing to turn people away from that serv- tinguished colleague, the gentleman Mr. CAMPBELL. Mr. Chairman, I from California (Mr. CAMPBELL), and ice. We know that we need to match yield such time as he may consume to cosponsored by the distinguished chair- their idealism and their attraction to the gentleman from New York (Mr. man of the committee, the gentleman the Peace Corps. WALSH) a distinguished member of the The number of Americans requesting from New York (Mr. GILMAN), the dis- Committee on Appropriations, a sub- tinguished gentleman from Connecti- applications and information about the committee chairman, and himself a re- cut (Mr. GEJDENSON), the ranking Peace Corps has increased by more turned Peace Corps volunteer. member of the Committee on Inter- than 40 percent over the last 4 years. Mr. WALSH. Mr. Chairman, I thank national Relations, and many other Yet, the Peace Corps is only able to in- the gentleman from California (Mr. members, including this Member. CAMPBELL), my good friend, colleague, crease its volunteers by 2 percent dur- We passed this bill from the commit- ing this same period. and classmate for his hard work on this tee unanimously on February 11th. I important issue. I am exceedingly proud to be a politi- would congratulate the distinguished cal descendant of John Fitzgerald Ken- Mr. Chairman, the Peace Corps not gentleman from California for intro- only benefits the world, it benefits our nedy, and I am an unabashed idealist. ducing this act which, if passed and President Kennedy’s aspirations live on country, it benefits the individual. Ev- signed into law, would authorize the eryone wins in this program. It is a re- today, and the torch, as he said, has expansion of the Peace Corps to 10,000 been passed to a new generation. That markably ingenious idea. Take Ameri- volunteers by the year 2003. It will be ca’s idealistic youth, send them around new generation includes my son, Paul fulfilling the goal set by former Presi- Eshoo, who is a volunteer in the Peace the world. They learn, the people in the dent Ronald Reagan in 1985, who built other countries learn, there is a benefit Corps today in Nepal, in the on the legacy of President John F. Himalayas. to all. Kennedy. Then these young people come back I cannot wait to send him an e-mail Mr. Chairman, in the 38 years since to the United States and, throughout to say that this legislation has passed, the Peace Corps was established, its our society, they are engaged and ac- and that with it, the Congress of the volunteers have compiled a distin- United States really not only thanks guished record of service to people in tive in making this a better country, and acknowledges what the volunteers countries around the world. Volunteers just as they were when they visited in the Peace Corps are doing all around provide badly needed, at times critical, Nepal or Ghana or any of the other the world, but that we match our ideal- assistance, while at the same time em- Peace Corps locations around the ism and our pragmatism in the invest- bodying not just the technical know- world. ment of America’s tax dollars in the how but also the ideals and the can-do Mr. Chairman, I have a bias, obvi- hopes and aspirations of people around spirit of the American people. ously, as a returned Peace Corps volun- the world. The annals of the Peace Corps are re- teer. But the fact is, the world is So I urge my colleagues to support plete with examples of communities changing. We have seen great progress this legislation. It is very well put to- strengthened and lives changed, both here in our country. But in some places gether. If in fact the amendment that among those who have received the as- in the world, the countries are actually would flatten out this budget is of- sistance and among the volunteers poorer. People are in more difficult fered, I urge my colleagues to vote themselves, who come back to this conditions than they were when I was a against it. It is an amendment to di- country and continue to provide serv- volunteer 25 or 30 years ago, so the minish aspirations. It would be an ice to our Nation’s communities. need is still there. And, as the world amendment to diminish the hopes and Former volunteers have gone on to changes, other countries open up to aspirations of generations and genera- distinguished careers in many fields, this idea, and we need to fulfill that tions that have seen fit to go around including five Peace Corps alumni who need. the world and be America’s best ambas- are members of this body. There can be I just recently returned to India and sadors. little doubt that the type of—that the to Nepal to my village. It was a re- The SPEAKER pro tempore (Mr. need for the type of assistance the markable homecoming for me. I saw PEASE). Without objection, the gen- Peace Corps provides remains great. At people who were there when I was tleman from California (Mr. CAMPBELL) the same time, this Member is pleased there. I renewed relationships. Vis- will control the time allotted to the to note that there is no shortage of ually, it was very much the same as gentleman from New York (Mr. GIL- Americans, both young people and when I left, although there were im- MAN). those with years or even decades of ex- provements in permanent housing. There was no objection. perience, willing to dedicate a signifi- They have electricity in the village Mr. CAMPBELL. Mr. Chairman, I cant period of their lives to volunteer- now. They have municipal water in the yield myself such time as I may con- ing to assist others. village. sume. In its 38-year-history, more than 1,200 We used to have to boil the water and Mr. Chairman, before introducing the volunteers have come from this Mem- put iodine in it to make sure it was next speaker, I am proud to say that ber’s low population State of Nebraska, drinkable. Today, they have municipal my colleague, the gentlewoman from including 63 Nebraskans currently pro- water throughout the village. Two California (Ms. ESHOO), has added her viding this important form of volun- weeks after I returned home, I received strong support for this legislation. I teer service. an e-mail from my village. Talk about March 3, 1999 CONGRESSIONAL RECORD — HOUSE H911 amazing. When I was there, the only Corps reauthorization funding to meet Presi- continue to be welcomed into communities machine that I saw on a regular basis dent Clinton's goal of expanding the number around the world for their unique ability to was the Thailand International jet that of volunteers to 10,000 early in the new mil- work closely with the indigenous populations flew over on Tuesday. lennium. to implement successful development projects. The world is changing dramatically Thanks to the 150,000 peace corps volun- Mr. Chairman, this bill makes good sense. and rapidly as it gets smaller, as the teers who have served overseas, communities The Administration supports it. Congress has world gets smaller. And with this around the world have benefited from the con- been on the record since 1985 in support of Internet now that is reaching out and tinue to reap the benefits of the contributions the goal of 10,000 Peace Corps volunteers. touching every village, literally, in the of the Peace Corps. 6,700 volunteers are And even this increase would still leave Peace world, the personal relationships that serving in 80 countries, working to bring clean Corps funding at only one percent of our for- Peace Corps volunteers make and the water to communities, teaching children, help- eign aid budget, which itself is less than one associations they make with people ing to develop small businesses, and prevent- percent of our overall federal budget. from all these different countries can ing the spread of AIDS. I urge my colleagues to support the Peace only benefit our country. Today, volunteers are making contributions Corps by voting for H.R. 669. We will be more and more a global by working along side local people throughout Ms. JACKSON-LEE of Texas. Mr. Chair- citizen, more and more involved in all the world as AIDS and environmental edu- man, I rise today in support of the Peace of these countries, and the more cators, business advisors and teachers. Corps Act (H.R. 669). This bill authorizes ap- knowledge we have of the rest of the Through their work, they are helping people of propriations for fiscal years 2000 through world through these individuals can developing countries to help themselves for 2003. This organization has a legacy of serv- only make us stronger. only 1 percent of our foreign aid budget. ice that has become an important part of Mr. Speaker, those are the emo- There is no greater testament to the suc- American history. tional, the idealistic views. Let me tell cess of this program than the Peace Corps Di- President John F. Kennedy first proposed a few things about the Peace Corps. rector's recent visit with Kenya's minister of the idea of the Peace Corps during a cam- They are changing, too, with the im- public works who had been taught by a Peace paign stop at the University of Michigan in provements that Director Gearan has Corps volunteer and Tanzania's minister of 1960. He challenged the students to give two made. They have reduced headquarters education who could still recall all of his Peace years of their lives to help people in the devel- staff by 13 percent. They have reduced Corps teachers. Communities around the oping world. the number of domestic recruiting of- world, including our own, are better off today Later in his inaugural address, President fices. They have reduced the cost to as a result of Peace Corps volunteers, their Kennedy stated the philosophy of the organi- support volunteers in the field. All of mission, their contributions and their commit- zation: ``To those peoples in the huts and vil- this with the thought in mind that we ment to service. lages of half the globe struggling to break the need to be better and smarter and work The Peace Corps is a successful inter- bonds of mass misery, we pledge our best ef- faster, reduce the cost of government. national diplomacy program that is improving forts to help them help themselves.'' The But, at the same time, the invest- the lives of people in the developing world and Peace Corps was officially established on ment that we are making in these indi- enriching the lives of Peace Corps volunteers March 1, 1961 by an Executive Order. Sargent viduals in those countries and ulti- who return from the field to contribute to their Shriver was appointed as its first director. mately in our own country is a sound own communities across this nation. We can Since its inception, the Peace Corps has investment that we need to support be proud of this program and its legacies and trained 150,000 volunteers to work in 134 today. salute the members of this body who have countries. Currently there are 6,700 volunteers Mr. PORTER. Mr. Chairman, I rise in strong served. serving in 80 countries. The increased funding support of this legislation. I have always sup- Volunteers are returning home to be leaders proposed in this bill would allow the Peace ported the Peace Corps and the invaluable in every field. Young and old of all back- Corps to expand to its goal of 10,000 volun- work their volunteers provide because I have grounds are not only sharing their commitment teers. It would also allow the Peace Corps seen it first hand. These volunteers are infor- to altruism and volunteerism throughout the programs to expand to South Africa, Jordan, mal ambassadors for the United States. They world, but are coming home to continue their China, Bangladesh, Mozambique and other spread our culture and values while learning commitment to service in an ever increasing countries in Central Asia, the Middle East, and absorbing from people in some of the multi-cultural society. As the Ranking Member South America, Eastern Europe and Africa. most remote areas of the world. More impor- of the Foreign Operations Subcommittee, I ask For the past 38 years, the Peace Corps has tantly, they bring these cultures back with my colleagues to support H.R. 669. been an important part of our foreign assist- them to the United States and educate friends Mrs. LOWEY. Mr. Chairman, I rise today in ance program. It helps communities gain ac- and neighbors on the communities that most strong support of H.R. 669, which will expand cess to clean water, grow food, prevent the only read about in magazines. our sensible investment in the Peace Corps. spread of AIDS and work to protect the envi- I have traveled to some of these areas As an original cosponsor of this important ronment. where Peace Corps volunteers are working. legislation, I am proud to join my colleagues Some Peace Corps volunteers include cur- Time and again, I am always impressed with today in support of the Peace Corps, one of rent members of this House: Representative the volunteers I meet. Their acceptance into our most effective foreign assistance tools. SAM FARR of California, Representative TONY the community and the hard work they provide This bill, which has broad bipartisan sup- HALL of Ohio, Representative THOMAS PETRI of is truly remarkable. Just when you think you port, will increase the number of Peace Corps Wisconsin, Representative CHRISTOPHER have reached the most remote area on earth, volunteers to 10,000 over the next four years. SHAYS of Connecticut, and Representative there is a Peace Corps volunteer helping to It is especially fitting that we make this com- JAMES WALSH of New York. Donna Shalala, build a house or sow a field. mitment today, just a day after the Peace Secretary of the Department of Health and Since the Peace Corps' inception thirty-eight Corps celebrated its 38th birthday. Human Services also served in the Peace years ago, its popularity has only grown. In Under the outstanding leadership of Mark Corps. 1998, more than 150,000 individuals contacted Gearan, the Peace Corps has become a lean Let me tell you a little about the Peace the Peace Corps to inquire about becoming a and effective advocate for the United States' Corps participation from my state of Texas. volunteer, this is an increase of over forty per- foreign assistance goals around the world. There are 197 Texans currently serving in the cent since 1994. We must make sure that the With almost 7,000 volunteers in about 80 Peace Corps. Since 1961, Texas has supplied Peace Corps is able to meet this demand. countries, the Peace Corps has brought as- 2,784 volunteers. Of the colleges and univer- Further, I believe that success and effective- sistance in education, microcredit, health care, sities that send Peace Corps volunteers this ness should be rewarded. Therefore, I strongly and a range of other fields to millions of peo- year, the University of Texas at Austin has 52 support this reauthorization and the goal of ple in Latin America, Africa, Eastern Europe, volunteers. reaching 10,000 volunteers by fiscal year the Pacific, and the Middle East. An intern from Houston now serving in my 2003. This bill responds to the increasing demand office, LaQuinta Wadsworth, was a participant Ms. PELOSI. Mr. Chairman, on the 38th an- for the Peace Corps, both in the United States in the Peace Corps internship during the sum- niversary of the founding by President Ken- and around the world. Here in the United mer of 1998. She traveled to Ghana as a part nedy of the Peace Corps, one of our nation's States, interest in volunteering in the Peace of a Peace Corps program through her school, most successful international relief and devel- Corps has increased by 40 percent over the Texas Southern University. Her internship was opment programs, I rise in support of Peace last four years. And Peace Corps volunteers designed to increase awareness among the H912 CONGRESSIONAL RECORD — HOUSE March 3, 1999 Historically Black Colleges and Universities Americans to serve our country as Peace is amended by striking ‘‘Civil Service Com- (HBCUs). Corps Volunteers. Peace Corps volunteers mission’’ and inserting ‘‘Office of Personnel LaQuinta shared these thoughts, ``The play a vital role in the development of some of Management’’. Peace Corps motto is `The Toughest Job You (2) Section 5(h) of such Act (22 U.S.C. the worlds' poorest communities. Through the 2504(h)) is amended by striking ‘‘the Federal Will Ever Love', and this statement is definitely contributions of these volunteers, great strides Voting Assistance Act of 1955 (5 U.S.C. 2171 true. The service opens the minds of the vol- have been made to improve education, eco- et seq.)’’ and all that follows through ‘‘(31 unteers to new and amazing people and ad- nomic development and healthcare. In recent U.S.C. 492a),’’ and inserting ‘‘section 3342 of ventures. The Peace Corps is an asset to the years, our foreign neighbors have come to de- title 31, United States Code, section 5732 communities of the countries in which volun- pend on Peace Corps volunteers for the grass and’’. teers serve.'' root assistance, and the demand for volun- (3) Section 5(j) of such Act (22 U.S.C. Another citizen from my district, Roosevelt teers increases every year. Furthermore, 2504(j)) is amended by striking ‘‘section 1757 Harris worked as Associate Director of Field of the Revised Statutes of the United American interest in the Peace Corps has States’’ and all that follows and inserting Operations for the Peace Corps in Liberia risen by 40%. Increased funding for this pro- ‘‘section 3331 of title 5, United States Code.’’. from 1972±1975. He had this to say about his gram over the next three years is essential to (4) Section 10(a)(4) of such Act (22 U.S.C. experience, ``It has been one of the best expe- insure that more Americans can make a dif- 2509(a)(4)) is amended by striking ‘‘31 U.S.C. riences I've ever had in my life. It surpasses ference around the world. With great pride I 665(b)’’ and inserting ‘‘section 1342 of title 31, any foreign aid in terms of the direct impact it recognize the individuals in the Peace Corps United States Code’’. has on the local populace and the exchange and this organization for its commitment to (5) Section 15(c) of such Act (22 U.S.C. between people contributes greatly to world 2514(c)) is amended by striking ‘‘Public Law helping our international neighbors. Organiza- 84–918 (7 U.S.C. 1881 et seq.)’’ and inserting peace. The Peace Corps enhances the image tions such as the Peace Corps have not only ‘‘subchapter VI of chapter 33 of title 5, of America abroad. If I had the opportunity, I established proud traditions of goodwill and United States Code’’. . . . [would] not hesitate to return to the service around the world, but also have con- (6) Section 15(d)(2) of such Act (22 U.S.C. Peace Corps.'' tributed to improved relationships with people 2514(d)(2)) is amended by striking ‘‘section 9 These testimonials are just an example of of other countries. Support for the Peace of Public Law 60–328 (31 U.S.C. 673)’’ and in- the positive impact the Peace Corps has had Corps requires little more than one percent of serting ‘‘section 1346 of title 31, United on the lives of former volunteers. I urge my the resource allocated for foreign assistance. States Code’’. colleagues today to vote in support of this ap- (7) Section 15(d)(6) of such Act (22 U.S.C. The benefit gained from this investment will be 2514(d)(6)) is amended by striking ‘‘without propriation for this worthwhile organization. felt by both the foreign countries we help and regard to section 3561 of the Revised Stat- Mr. MCGOVERN. Mr. Chairman, I rise to ex- the volunteers who return from their service utes (31 U.S.C. 543)’’. press my very strongest support for H.R. 669 with a better understanding of the world. Let (8) Section 15(d)(11) of such Act (22 U.S.C. to authorize $270 million in fiscal year 2000 us continue to support the Peace Corps Orga- 2514(d)(11)), as amended by this section, is for the Peace Corps. This bill will provide an nization as a display of the strong American further amended by striking ‘‘Foreign Serv- increase of $29 million over current funding commitment to international development and ice Act of 1946, as amended (22 U.S.C. 801 et levels. Surely a very modest increase, Mr. seq.)’’ and inserting ‘‘Foreign Service Act of partnerships. 1980 (22 U.S.C. 3901 et seq.)’’. Speaker, for a program that has such a posi- Mr. GEJDENSON. Mr. Chairman, I tive impact around the world and such a prov- have no further speakers, and I yield The CHAIRMAN. During consider- en track record of success. back the balance of my time. ation of the bill for amendment, the Over the last 38 years 6,921 Peace Corps Mr. CAMPBELL. Mr. Chairman, I Chair may accord priority in recogni- Volunteers from Massachusetts have built a yield back the balance of my time. tion to a Member offering an amend- legacy of service and made contributions to The CHAIRMAN. All time for general ment that he has printed in the des- the health, education, and development of debate has expired. ignated place in the CONGRESSIONAL countless people around the world. Currently, Pursuant to the rule, the bill is con- RECORD. Those amendments will be 232 Massachusetts citizens are serving in the sidered read for amendment under the considered read. Peace Corps. 5-minute rule. The Chairman of the Committee of I can go into any school in my district and The text of H.R. 669 is as follows: the Whole may postpone a request for a find young people who dream of working in H.R. 669 recorded vote on any amendment and the Peace Corps. These students already Be it enacted by the Senate and House of Rep- may reduce to a minimum of 5 minutes know that the Peace Corps embodies our resentatives of the United States of America in the time for voting on any postponed most enduring values of service, compassion, Congress assembled, question that immediately follows an- and peace-making. They dream about going SECTION 1. AUTHORIZATION OF APPROPRIA- other vote, provided that the time for to some of the poorest communities on the TIONS FOR FISCAL YEARS 2000 THROUGH 2003 TO CARRY OUT THE voting on the first question shall be a face of this earth and helping people help PEACE CORPS ACT. minimum of 15 minutes. themselves, while learning about other people Section 3(b) of the Peace Corps Act (22 Are there any amendments to the and other cultures. U.S.C. 2502(b)) is amended to read as follows: bill? But their dreams will only come true if we ‘‘(b)(1) There are authorized to be appro- If not, under the rule, the Committee provide now the necessary funding to allow priated to carry out the purposes of this Act rises. the Peace Corps to expand its volunteer pro- $270,000,000 for fiscal year 2000, $298,000,000 for Accordingly, the Committee rose; gram. Under the leadership of Peace Corps fiscal year 2001, $327,000,000 for fiscal year and the Speaker pro tempore (Mr. 2002, and $365,000,000 for fiscal year 2003. Director Mark GearanÐa Massachusetts na- ‘‘(2) Amounts authorized to be appro- WALSH) having assumed the chair, Mr. tive, I might addÐmore and more of our fellow priated under paragraph (1) for a fiscal year PEASE, Chairman of the Committee of citizens, of all ages and backgrounds, are ap- are authorized to remain available for that the Whole House on the State of the plying to serve as volunteers. Under his lead- fiscal year and the subsequent fiscal year.’’. Union, reported that that Committee, ership, the Peace Corps has also become a SEC. 2. MISCELLANEOUS AMENDMENTS TO THE having had under consideration the bill model government agencyÐstreamlining pro- PEACE CORPS ACT. (H.R. 669) to amend the Peace Corps cedures, cutting costs and reducing the num- (a) INTERNATIONAL TRAVEL.—Section 15(d) Act to authorize appropriations for fis- of such Act (22 U.S.C. 2514(d)) is amended— ber of U.S.-based staff, while at the same time (1) in paragraph (11), by striking ‘‘and’’ at cal years 2000 through 2003 to carry out increasing the support and training for new the end; that Act, and for other purposes, pursu- volunteers. (2) in paragraph (12), by striking the period ant to House Resolution 83, he reported I am especially grateful that the new pro- at the end and inserting ‘‘; and’’; and the bill back to the House. gram established in 1996, the Crisis Corps, (3) by adding at the end the following: The SPEAKER pro tempore. Under will be sending more than 60 experienced ‘‘(13) the transportation of Peace Corps em- the rule, the previous question is or- former Peace Corps Volunteers to Central ployees, Peace Corps volunteers, dependents dered. America to help those communities rebuild of such employees and volunteers, and ac- The question is on the engrossment after the devastation of Hurricane Mitch. companying baggage, by a foreign air carrier and third reading of the bill. when the transportation is between two The bill was ordered to be engrossed I urge my colleagues to support this author- places outside the United States without re- ization and to reject any amendments to gard to section 40118 of title 49, United and read a third time, and was read the freeze or cut funding for the Peace Corps. States Code.’’. third time. Mr. MARKEY. Mr. Chairman, I rise today in (b) TECHNICAL AMENDMENTS.—(1) Section The SPEAKER pro tempore. The support of H.R. 669, a bill that will allow more 5(f)(1)(B) of such Act (22 U.S.C. 2504(f)(1)(B)) question is on the passage of the bill. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H913 The question was taken; and the Obey Roukema Taylor (MS) Ms. SANCHEZ. Mr. Speaker, during rollcall Olver Roybal-Allard Thomas Speaker pro tempore announced that Ortiz Rush Thompson (CA) vote No. 31 I was unavoidably detained. Had the ayes appeared to have it. Ose Sabo Thompson (MS) I been present, I would have voted ``aye.'' Mr. CAMPBELL. Mr. Speaker, I ob- Owens Salmon Thornberry f ject to the vote on the ground that a Oxley Sanders Thune quorum is not present and make the Packard Sandlin Thurman Pallone Sawyer Tierney CLARIFYING THE APPLICATION OF point of order that a quorum is not Pastor Saxton Towns THE ‘‘DEATH ON THE HIGH SEAS present. Payne Schakowsky Traficant ACT’’ TO AVIATION INCIDENTS The SPEAKER pro tempore. Evi- Pease Scott Turner dently, a quorum is not present. Pelosi Serrano Udall (CO) The SPEAKER pro tempore (Mr. Peterson (MN) Shaw Udall (NM) PEASE). The pending business is the The Sergeant at Arms will notify ab- Peterson (PA) Shays Upton sent Members. Petri Sherman Velazquez question of the passage of the bill, H.R. Pursuant to clause 8(c) of rule XX, Phelps Sherwood Vento 603, on which further proceedings were this 15-minute vote will be followed by Pickett Shimkus Visclosky postponed earlier today. Pitts Shows Walsh The Clerk read the title of the bill. a 5-minute vote on H.R. 603. Pomeroy Sisisky Waters The vote was taken by electronic de- Porter Skeen Watt (NC) The SPEAKER pro tempore. The vice, and there were—yeas 326, nays 90, Portman Skelton Waxman question is on the passage of the bill on not voting 17, as follows: Price (NC) Slaughter Weiner which the yeas and nays are ordered. Pryce (OH) Smith (NJ) Weldon (FL) This will be a 5-minute vote. [Roll No. 31] Quinn Smith (TX) Weller The vote was taken by electronic de- YEAS—326 Rahall Smith (WA) Wexler Rangel Snyder Weygand vice, and there were—yeas 412, nays 2, Abercrombie Doggett Kaptur Regula Souder Whitfield not voting 19, as follows: Aderholt Dooley Kasich Reyes Spratt Wise [Roll No. 32] Allen Doyle Kelly Reynolds Stabenow Wolf Andrews Dreier Kennedy Rivers Stark Woolsey YEAS—412 Bachus Dunn Kildee Rodriguez Strickland Wu Abercrombie Condit Gordon Baird Edwards Kilpatrick Roemer Stupak Wynn Aderholt Conyers Goss Baker Ehlers Kind (WI) Rogan Talent Young (AK) Allen Cook Graham Baldacci Ehrlich King (NY) Rogers Tanner Young (FL) Andrews Costello Green (TX) Baldwin Emerson Kleczka Ros-Lehtinen Tauscher Archer Cox Green (WI) Barcia Engel Klink Rothman Tauzin Armey Coyne Greenwood Barrett (WI) English Knollenberg Bachus Cramer Gutierrez Barton Eshoo Kucinich NAYS—90 Baird Crane Gutknecht Bass Etheridge Kuykendall Archer Graham Riley Baker Crowley Hall (OH) Bateman Ewing LaFalce Armey Green (WI) Rohrabacher Baldacci Cubin Hall (TX) Becerra Farr LaHood Ballenger Gutknecht Royce Baldwin Cummings Hansen Bentsen Fattah Lampson Barr Hall (TX) Ryan (WI) Ballenger Cunningham Hastings (FL) Bereuter Filner Lantos Barrett (NE) Hastings (WA) Ryun (KS) Barcia Danner Hastings (WA) Berkley Fletcher Larson Bartlett Hayes Sanford Barr Davis (IL) Hayes Berman Foley LaTourette Bilbray Hayworth Scarborough Barrett (NE) Davis (VA) Hayworth Berry Forbes Lazio Blunt Hefley Schaffer Barrett (WI) Deal Hefley Biggert Ford Leach Boehner Hill (MT) Sensenbrenner Bartlett DeFazio Herger Bilirakis Fossella Lee Bonilla Hilleary Sessions Barton DeGette Hill (IN) Bishop Frank (MA) Levin Burton Hostettler Shadegg Bass Delahunt Hill (MT) Blagojevich Franks (NJ) Lewis (CA) Cannon Istook Shuster Bateman DeLauro Hilleary Bliley Frelinghuysen Lewis (GA) Chabot Johnson, Sam Simpson Becerra DeLay Hilliard Blumenauer Frost Linder Chenoweth Jones (NC) Smith (MI) Bentsen DeMint Hinchey Boehlert Gallegly Lipinski Coble Kingston Spence Bereuter Deutsch Hinojosa Bonior Ganske LoBiondo Coburn Kolbe Stearns Berkley Diaz-Balart Hobson Bono Gejdenson Lofgren Collins Largent Stenholm Berman Dicks Hoeffel Borski Gekas Lowey Combest Latham Stump Berry Dingell Hoekstra Boswell Gephardt Lucas (KY) Cox Lewis (KY) Sununu Biggert Dixon Holden Boyd Gibbons Luther Cramer Lucas (OK) Sweeney Bilbray Doggett Holt Brady (PA) Gilchrest Maloney (CT) Crane Manzullo Tancredo Bilirakis Dooley Hooley Brady (TX) Gillmor Maloney (NY) Cubin McIntosh Taylor (NC) Bishop Doolittle Horn Brown (CA) Gilman Markey Cunningham Metcalf Tiahrt Blagojevich Doyle Houghton Brown (FL) Gonzalez Martinez DeLay Mica Toomey Bliley Dreier Hoyer Brown (OH) Gordon Mascara Doolittle Moran (KS) Walden Blumenauer Duncan Hulshof Bryant Goss Matsui Duncan Paul Wamp Boehlert Dunn Hunter Burr Green (TX) McCarthy (MO) Fowler Pickering Watkins Boehner Edwards Hutchinson Buyer Greenwood McCarthy (NY) Goode Pombo Watts (OK) Bonilla Ehlers Hyde Calvert Gutierrez McCrery Goodlatte Radanovich Wicker Bonior Ehrlich Inslee Camp Hall (OH) McDermott Goodling Ramstad Wilson Bono Emerson Isakson Campbell Hansen McGovern Borski Engel Istook Canady Hastings (FL) McHugh NOT VOTING—17 Boswell English Jackson (IL) Capuano Herger McInnis Ackerman Dickey Oberstar Boyd Eshoo Jackson-Lee Cardin Hill (IN) McIntyre Boucher Evans Pascrell Brady (PA) Etheridge (TX) Castle Hilliard McKeon Callahan Everett Sanchez Brady (TX) Ewing Jefferson Chambliss Hinchey McKinney Capps Granger Terry Brown (CA) Farr Jenkins Clay Hinojosa McNulty Carson McCollum Weldon (PA) Brown (FL) Fattah John Clayton Hobson Meehan Delahunt Meek (FL) Brown (OH) Filner Johnson (CT) Clement Hoeffel Meeks (NY) Bryant Fletcher Johnson, E. B. Clyburn Hoekstra Menendez b 1241 Burr Foley Johnson, Sam Condit Holden Millender- Burton Forbes Jones (NC) Conyers Holt McDonald Messrs. LATHAM, SIMPSON, KING- Buyer Ford Jones (OH) Cook Hooley Miller (FL) STON, TANCREDO, GRAHAM, SEN- Calvert Fossella Kanjorski Cooksey Horn Miller, Gary Camp Fowler Kaptur Costello Houghton Miller, George SENBRENNER, HILL of Montana, Campbell Frank (MA) Kelly Coyne Hoyer Minge HALL of Texas, BOEHNER, SCHAF- Canady Franks (NJ) Kennedy Crowley Hulshof Mink FER, BILBRAY, WATKINS, MORAN of Cannon Frelinghuysen Kildee Cummings Hunter Moakley Kansas, HAYWORTH, SUNUNU, BAR- Capuano Frost Kilpatrick Danner Hutchinson Mollohan Cardin Gallegly Kind (WI) Davis (FL) Hyde Moore RETT of Nebraska, Mrs. FOWLER, and Castle Ganske King (NY) Davis (IL) Inslee Moran (VA) Mrs. CHENOWETH changed their vote Chabot Gejdenson Kingston Davis (VA) Isakson Morella from ‘‘yea’’ to ‘‘nay.’’ Chambliss Gekas Kleczka Deal Jackson (IL) Murtha Chenoweth Gephardt Klink DeFazio Jackson-Lee Myrick Mr. Aderholt changed his vote from ‘‘nay’’ to ‘‘yea.’’ Clay Gibbons Knollenberg DeGette (TX) Nadler Clayton Gilchrest Kolbe DeLauro Jefferson Napolitano So the bill was passed. Clement Gillmor Kucinich DeMint Jenkins Neal The result of the vote was announced Clyburn Gilman Kuykendall Deutsch John Nethercutt as above recorded. Coble Gonzalez LaFalce Diaz-Balart Johnson (CT) Ney A motion to reconsider was laid on Coburn Goode LaHood Dicks Johnson, E. B. Northup Collins Goodlatte Lampson Dingell Jones (OH) Norwood the table. Combest Goodling Lantos Dixon Kanjorski Nussle Stated for: H914 CONGRESSIONAL RECORD — HOUSE March 3, 1999 Largent Ose Skeen dents. Had I been present, I would have voted Mr. PORTER of Illinois. Larson Owens Skelton Latham Oxley Slaughter ``aye'' on Roll No. 32. There was no objection. LaTourette Packard Smith (MI) Ms. SANCHEZ. Mr. Speaker, during rollcall f Lazio Pallone Smith (NJ) vote No. 32, I was unavoidably detained. Had APPOINTMENT TO COMMISSION ON Leach Pastor Smith (TX) I been present, I would have voted ``aye.'' Lee Paul Smith (WA) SECURITY AND COOPERATION IN Levin Payne Snyder f EUROPE Lewis (CA) Pease Souder Lewis (GA) Pelosi Spence GENERAL LEAVE The SPEAKER pro tempore. Without Lewis (KY) Peterson (MN) Spratt Mr. SMITH of New Jersey. Mr. objection, and pursuant to section 3 of Linder Peterson (PA) Stabenow Lipinski Petri Stark Speaker, I ask unanimous consent that Public Law 94–304 as amended by sec- LoBiondo Phelps Stearns all Members may have 5 legislative tion 1 of Public Law 99–7, the Chair an- Lofgren Pickering Stenholm days within which to revise and extend nounces the Speaker’s appointment of Lowey Pickett Strickland the following Member of the House to Lucas (KY) Pitts Stump their remarks and include extraneous Lucas (OK) Pombo Stupak material on H.R. 669, the bill just the Commission on Security and Co- Luther Pomeroy Sununu passed. operation in Europe: Maloney (CT) Porter Sweeney The SPEAKER pro tempore (Mr. Mr. SMITH of New Jersey, Chairman. Maloney (NY) Portman Talent Manzullo Price (NC) Tancredo PEASE). Is there objection to the re- There was no objection. Markey Pryce (OH) Tanner quest of the gentleman from New Jer- f Martinez Quinn Tauscher sey? THE REPUBLICANS TAKE ACTION Mascara Radanovich Tauzin There was no objection. Matsui Rahall Taylor (MS) ON IMPROVING SCHOOLS McCarthy (MO) Ramstad Taylor (NC) f McCarthy (NY) Regula Terry (Mr. SOUDER asked and was given McCrery Reyes Thomas REMOVAL OF NAME OF MEMBER permission to address the House for 1 McDermott Reynolds Thompson (CA) AS COSPONSOR OF H.R. 41 minute and to revise and extend his re- McGovern Riley Thompson (MS) McHugh Rivers Thornberry Mr. LINDER. Mr. Speaker, I ask marks and include therein extraneous McInnis Rodriguez Thune unanimous consent that my name be material.) McIntosh Roemer Thurman removed as a cosponsor of H.R. 41, the Mr. SOUDER. Mr. Speaker, we have McIntyre Rogan Tiahrt McKeon Rogers Tierney Mass Immigration Reduction Act. heard a lot today and we will hear a lot McKinney Rohrabacher Toomey The SPEAKER pro tempore. Is there more in the future about who is saving McNulty Ros-Lehtinen Towns objection to the request of the gen- social security, but there is a key fact Meehan Rothman Traficant we should keep in mind. That is, for 40 Meeks (NY) Roukema Turner tleman from Georgia? Menendez Roybal-Allard Udall (CO) There was no objection. years the Democrats held control of Metcalf Royce Udall (NM) f this House. The number of times they Mica Rush Upton worked to save social security was Millender- Ryan (WI) Velazquez APPOINTMENT AS MEMBER OF somewhere around zero. McDonald Ryun (KS) Vento BOARD OF TRUSTEES OF GAL- Miller (FL) Sabo Visclosky The important thing here is not Miller, Gary Salmon Walden LAUDET UNIVERSITY whether we talk, but whether we do. Miller, George Sanders Walsh The SPEAKER pro tempore. Without Today in the Committee on Education Minge Sandlin Wamp Mink Sanford Waters objection, and pursuant to section 103 and the Workforce we are considering a Moakley Sawyer Watkins of Public Law 99–371 (20 U.S.C. 4303), bill called Ed-Flex, to give local and Mollohan Saxton Watt (NC) the Chair announces the Speaker’s ap- State governments more flexibility, Moore Scarborough Watts (OK) Moran (KS) Schaffer Waxman pointment of the following Member of and allowing school boards more flexi- Moran (VA) Schakowsky Weiner the House to the Board of Trustees of bility in education. Similar bills are Morella Scott Weldon (FL) Gallaudet University: being considered on the Senate floor. Murtha Sensenbrenner Weller Mr. LAHOOD of Illinois. We are actually doing something about Myrick Serrano Wexler Nadler Sessions Weygand There was no objection. what other people talk about. It is a bi- Napolitano Shadegg Whitfield f partisan effort. The gentleman from Neal Shaw Wicker Delaware (Mr. CASTLE), the gentleman Nethercutt Shays Wilson APPOINTMENT AS MEMBER OF from Indiana (Mr. ROEMER), and others Ney Sherman Wise BOARD OF TRUSTEES OF INSTI- Northup Sherwood Wolf from both sides of the aisle are reach- Norwood Shimkus Woolsey TUTE OF AMERICAN INDIAN AND ing forth. Nussle Shows Wu ALASKA NATIVE CULTURE AND Will the Democratic Party join with Obey Shuster Wynn ARTS DEVELOPMENT Olver Simpson Young (AK) us in trying to give flexibility? I will Ortiz Sisisky Young (FL) The SPEAKER pro tempore. Without refer to two articles, which I will insert NAYS—2 objection, and pursuant to section 1505 into the CONGRESSIONAL RECORD along of Public Law 99–498 (20 U.S.C. 4412), with these remarks. One is from Steve Blunt Hostettler the Chair announces the Speaker’s ap- Gordon, president of the East Allen NOT VOTING—19 pointment of the following Member of County School Board, saying, States Ackerman Dickey Oberstar the House to the Board of Trustees of should fight Federal meddling in the Boucher Evans Pascrell the Institute of American Indian and schools. We don’t need a national Callahan Everett Rangel Capps Granger Sanchez Alaska Native Culture and Arts Devel- school board in Washington. We need Carson Kasich Weldon (PA) opment: to give more flexibility to local school Cooksey McCollum Mr. YOUNG of Alaska. boards and States. Davis (FL) Meek (FL) There was no objection. Another is a letter to the editor b f praising Concordia High School in my 1249 district, which is the largest Lutheran APPOINTMENT AS MEMBER OF So the bill was passed. high school in the country, for their BOARD OF TRUSTEES OF JOHN The result of the vote was announced drug testing programs. At the local F. KENNEDY CENTER FOR THE as above recorded. level people are doing things, not just PERFORMING ARTS A motion to reconsider was laid on talking. the table. The SPEAKER pro tempore. Without The letters referred to are as follows: Stated for: objection, and pursuant to section 2(a) [From the Ft. Wayne News Sentinel, Feb. 22, Mr. KASICH. Mr. Speaker, I was unavoid- of the National Cultural Center Act (20 1999] ably detained and unable to record a vote by U.S.C. 76h(a)), the Chair announces the STATE SHOULD FIGHT FEDERAL MEDDLING IN electronic device on Roll No. 32, to amend Speaker’s appointment of the following SCHOOLS title 49, United States Code, to clarify the ap- Member of the House to the Board of With the start of the new legislative year, plication of the act popularly known as the Trustees of the John F. Kennedy Cen- one issue that always comes up is education. ``Death on the High Seas Act'' to aviation inci- ter for the Performing Arts: Of course, the president, governor and every March 3, 1999 CONGRESSIONAL RECORD — HOUSE H915 legislator have this issue near the top of about the results and leave the means imple- The SPEAKER pro tempore. Under a their agendas. mentation to the local school districts. They previous order of the House, the gen- The president used his State of the Union can better assess their specific needs and re- tleman from Iowa (Mr. BOSWELL) is rec- speech to address aspects of education, and I spond to them directly. would like to respond. He recommends bring- Third, let the local districts decide how to ognized for 5 minutes. ing public education more under the author- spend money. The recent ‘‘100,000 teachers’’ (Mr. BOSWELL addressed the House. ity of the federal government. He also makes legislation is a perfect example. Considering His remarks will appear hereafter in some points that should be common-sense to the amount of money appropriated, it will the Extensions of Remarks.) most Americans, but to him are more of a never meet the need to hire that amount of revelation that only the federal government teachers. It creates an obligation to the f should implement. school districts to make up a difference that His first point was to end social promotion. they may not have. Children should not graduate with a diploma Finally, I would ask that education remain ST. JOSEPH’S DAY BREAKFAST they can’t read. Who could possibly oppose a local issue and that the state resist any further federal intervention. There are prob- The SPEAKER pro tempore. Under a this? Already schools—at the local level—are previous order of the House, the gentle- endeavoring to ensure reading skills are lems in public education, but they can be woman from Florida (Ms. ROS- mastered at the earliest grade levels. much better resolved at the local and state His second point was to close low-perform- level. Washington doesn’t need to involve LEHTINEN) is recognized for 5 minutes. ing schools. Will the federal government de- itself any further. Ms. ROS-LEHTINEN. Mr. Speaker, I I realize I do not have the influence on law- cide this issue? By what standard? Indiana rise today to inform my colleagues makers that the president or governor may already examines each public school’s per- have. But I am only a school board member. about an important event, the St. Jo- formance and intervenes when necessary to I want to do what is in the best interests of seph’s Day Breakfast, that will be held help those schools to meet their specific students in this district. I ask parents who on March 18th, and I strongly urge any- needs. We don’t need the federal government support these ideas to contact their rep- one who can be present to attend. The to transcend the state authority already in resentatives and tell them how they feel. place. St. Joseph’s Day Breakfast is spon- sored by a truly exceptional organiza- His third point suggested that teachers [From the Ft. Wayne Journal-Gazette, Mar. only teach subjects they are trained in. This 2, 1999] tion called the Faith and Politics Insti- is another local issue—one manipulated by tute. PRAISE SCHOOL THAT FIGHTS DRUGS contracts, state licensing rules and course It has long been said that one picture is The St. Joseph’s Day Breakfast cele- offerings requested by students. What we at brates the day of St. Joseph, who is the the local level need is greater flexibility in worth a thousand words. Unfortunately those words do not have to be the truth or patron saint of the worker. This event putting qualified teachers into the class- accurate. Such is the case with the Feb. 26 room. Indiana should modify the licensing brings Members of Congress together editorial cartoon. It infers several incorrect procedure to allow people to teach who are with leaders of our Nation’s labor concepts. The first is that education will qualified in the material but do not nec- unions. As they break bread together, take a secondary role to drug testing at essarily have a major in education. they will remember the religious val- Concordia High School. One only has to look An example is: Schools are in great need of at ISTEP scores, graduation rates, percent of ues and the moral imperative that un- vocational program teachers. People who graduates going to college and SAT scores to derlie the struggle for economic jus- have vocational skills but may not meet li- refute that idea. tice. censing requirements could pass their expe- The second is that the testing will occupy This is a bipartisan event sponsored rience on to students. For example, people the entire school day. Testing can be com- just out of the military or retirees could fill by our colleagues the gentleman from pleted in a very short period of time, being Georgia (Mr. JOHN LEWIS) and the gen- this need. minimally disruptive to the school day. For tleman from New York (Mr. AMO His fourth point was to allow parents to a non-drug user an inconvenience—to a drug choose which public school to send their user, surely no more disruptive than days HOUGHTON) to honor those who have child to based on school ‘‘report cards.’’ Indi- missed because of over indulgence. acted courageously on behalf of the ana already requires each district to publish His third incorrect concept is the most working men and women of our coun- information about schools’ performance. damaging. His attempt to ridicule the re- try. The St. Joseph’s Day Breakfast is Charter schools have been a state issue and cently announced plan for random drug test- should remain so. One aspect of charters also the primary event of the Faith and ing at Concordia, by overstating his case, Politics Institute, and the motto of that makes them unique is the avoidance of will give those who have a misguided belief many current state Department of Edu- that drug testing is evil and an invasion of this wonderful organization best sums cation regulations. I suggest that if some privacy the belief that taking action to help up their goals and their accomplish- schools can do this, all public schools should prevent good kids from making bad decisions ments: spirit, community and con- be allowed to avoid these rules. is an unworthy undertaking. science in public life. His fifth point was to ‘‘implement sensible Rather than swelling up with righteous in- The Faith and Politics Institute was discipline policies.’’ Not long ago, the presi- dignation over the alleged loss of privacy, I established in 1991 as an interfaith, dent pushed through the mandatory one-year would suggest the editorial staff consider nonpartisan approach to reach consen- expulsion for any student who comes to looking at the educational success gained at school with a handgun. Every state had to a high school where standards are set, expec- sus across party lines and break down make this into law. Indiana already had a tations delineated and students and faculty the polarization that often engulfs our law forbidding handguns to be within 1,000 are held accountable for their actions. This body. The mission of Faith and Politics feet of a school. Why was it necessary to fed- action to take care of a problem that occurs seeks to provide occasions for moral eralize this issue? in every high school in this area is the act of reflection and spiritual community to I would like to make some suggestions in responsible administrators and parents who political leaders, and draws upon the contrast to the president’s agenda. are taking action rather than burying their moral lessons and religious traditions First, give real tax relief to families. When heads in the sand. to encourage civility and respect for families have both parents working out of EARNIE WILLIAMSON, necessity, they have less time for their chil- Fort Wayne. one another and differing opinions. dren. A parent waiting for the child to arrive f These values, civility and respect, at home is better than after-school pro- are essential to our strong democracy, grams. Families are paying approximately 40 SPECIAL ORDERS and toward this end Faith and Politics percent of their income to taxes. One parent The SPEAKER pro tempore). Under have brought Mark Gerzon to Washing- is effectively working just to pay the govern- ment. Children need their parents—not an- the Speaker’s announced policy of Jan- ton for private meetings a year before other government program! uary 6, 1999, and under a previous order he led our Members into the historic Second, do not generalize when talking of the House, the following Members bipartisan Hershey retreat. about education. Every school has unique will be recognized for 5 minutes each. Since its inception, the Institute has problems—and many have unique successes. f brought to Capitol Hill a combination Create opportunities for all schools to suc- The SPEAKER pro tempore. Under a of theological perspective, spiritual ceed in the areas that they want and need. previous order of the House, the gen- sensitivity, and political know-how as Rather than add more bureaucracy, remove it has undertaken projects on behalf of what currently exists. Free the public tleman from Florida (Mr. DIAZ- schools up so that they can compete equally BALART) is recognized for 5 minutes. labor, race, economic exploitation, the with private schools. It is tempting—and (Mr. DIAZ-BALART addressed the environment, and kindness to all. Last easy—for legislators to get their hands into House. His remarks will appear here- June this marvelous organization the means of education. Be more concerned after in the Extensions of Remarks.) kicked off, with the help of General H916 CONGRESSIONAL RECORD — HOUSE March 3, 1999 Colin Powell, the ‘‘Congressional Con- California. Today I ask my colleagues and the poor throughout the United versations on Race’’, which is spear- to join me in making March 31 a Fed- States and for the inspiration his he- headed by a bipartisan steering com- eral holiday so that our entire Nation roic efforts gave to so many Ameri- mittee made up of equal numbers of can honor Cesar Chavez for his many cans. Republican and Democrat Members. contributions. We in Congress must make certain The goal is to ‘‘evoke the potential Cesar was the son of migrant farm that the movement Cesar Chavez began among Members of Congress, seeking workers who dedicated his life to fight- and the timeless lessons of justice and spiritual insights to provide creative ing for the human rights and dignity of fairness he taught be preserved and moral leadership on racial issues.’’ farm laborers. He was born on March honored in our national conscience. To They have already sponsored many 31, 1927, on a small farm near Yuma, make sure that these fundamental events to bring about a dialogue on Arizona, and died nearly 6 years ago in principles are never forgotten, I urge race, and will continue to do so, under- April of 1993. Over the course of his 66- my colleagues to support House Joint standing that the ‘‘serious of experi- year life, Cesar Chavez’ work inspired Resolution 22 which would declare ences to deepen Members’ understand- millions and made him a major force in March 31 as a Federal holiday in honor ings and to strengthen their leadership American history. of Cesar Chavez. In the words of Cesar in the realm of race relations’’ is a In 1962, Cesar Chavez and his family and the United Farm Workers, si se worthy goal. founded the National Farm Workers puede, yes, we can. Mr. Speaker, I respectfully urge my Association which organized thousands f colleagues on both sides of the aisle to of farm workers to confront one of the The SPEAKER pro tempore. Under a get involved with this wonderful Insti- most powerful industries in our Nation. previous order of the House, the gen- tute, to go to the breakfast, if they He inspired them to join together and tleman from Virginia (Mr. WOLF) is can, because it is good for us individ- nonviolently demand safe and fair recognized for 5 minutes. ually and good for the country as a working conditions. (Mr. WOLF addressed the House. His whole. Through the use of a grape boycott, remarks will appear hereafter in the f he was able to secure the first union Extensions of Remarks.) contracts for farm workers in this The SPEAKER pro tempore (Mr. f country. These contracts provided farm PEASE). Under a previous order of the workers with the basic services that FISCAL DISCIPLINE AND House, the gentlewoman from the Dis- most workers take for granted, serv- REDUCING THE DEBT trict of Columbia (Ms. NORTON) is rec- ices such as clean drinking water and The SPEAKER pro tempore. Under a ognized for 5 minutes. sanitary facilities. Because of his fight previous order of the House, the gen- (Ms. NORTON addressed the House. to enforce child labor laws, farm work- tleman from Pennsylvania (Mr. Her remarks will appear hereafter in ers could also be certain that their HOEFFEL) is recognized for 5 minutes. the Extensions of Remarks.) children would not be working side by Mr. HOEFFEL. Mr. Speaker, I rise f side with them and would instead at- today because we stand on a threshold The SPEAKER pro tempore. Under a tend the migrant schools he helped to of a truly remarkable time, a time previous order of the House, the gen- establish. In addition, Cesar Chavez when we will be able to do wonderful tleman from Florida (Mr. MILLER) is made the world aware of the exposure things for this country and for our recognized for 5 minutes. to dangerous chemicals that farm children. (Mr. MILLER of Florida addressed workers and every consumer faces In fiscal year 2001, we will have for the House. His remarks will appear every day. the first time in decades a surplus in hereafter in the Extensions of Re- As a labor leader, he earned great our budget, in the general fund budget. marks.) support from unions and elected offi- What we do with this surplus will tell f cials across the country. The move- a great deal about us, about our re- The SPEAKER pro tempore. Under a ment he began continues today as the solve, about how serious we are in pro- previous order of the House, the gen- United Farm Workers of America. viding a strong, fiscally sound country Cesar Chavez’ influence extends far tleman from Oregon (Mr. BLUMENAUER) for those who come after us. is recognized for 5 minutes. beyond agriculture. He was instrumen- Some would have us spend this sur- (Mr. BLUMENAUER addressed the tal in forming the Community Service plus on a multitude of well-intentioned House. His remarks will appear here- Organization, one of the first civic ac- programs and initiatives. But this is a after in the Extensions of Remarks.) tion groups in the Mexican-American time for restraint, not largesse. Others communities of California and Arizona. would have us return the surplus to the f He worked in urban areas, organized American people in the form of broad, The SPEAKER pro tempore. Under a voter registration drives, brought com- across-the-board tax cuts. But for the previous order of the House, the gen- plaints against mistreatment by gov- average taxpayer, that would provide a tleman from Minnesota (Mr. GUT- ernment agencies. He taught commu- small short-term gain when we have KNECHT) is recognized for 5 minutes. nity members how to deal with govern- the ability to provide a much longer (Mr. GUTKNECHT addressed the mental, school and financial institu- term and larger benefit. House. His remarks will appear here- tions and empowered many thousands That benefit can be provided if we after in the Extensions of Remarks.) to seek further advancement in edu- use this projected surplus over the next f cation and politics. There are countless 15 years to keep the budget balanced stories of judges, engineers, lawyers, and pay down the national debt. A NATIONAL HOLIDAY FOR CESAR teachers, church leaders, organizers Under the administration’s debt re- CHAVEZ and other hardworking professionals duction program, our debt payments The SPEAKER pro tempore. Under a who credit Cesar Chavez as the inspir- will be reduced from today’s level of 14 previous order of the House, the gen- ing force in their lives. percent of the national budget to only tleman from California (Mr. FILNER) is During a time of great social up- 2 percent by the year 2015. recognized for 5 minutes. heaval, he was sought out by groups The numbers are huge. We owe in Mr. FILNER. Mr. Speaker, I rise from all walks of life and all religions public debt $3.7 trillion. Under the today to honor and remember a great to help bring calm with his nonviolent President’s debt reduction plan, that American leader and hero, Cesar Cha- practices. In his fight for peace, jus- would be reduced to $1.3 trillion by vez. He was a husband, father, grand- tice, respect and self-determination, he 2015. This would be an immense gift to father, labor organizer, community gained the admiration and respect of the American people, and it would ben- leader and symbol of the ongoing millions of Americans and most Mem- efit all Americans, families, farmers struggle for equal rights and equal op- bers of this House of Representatives. and businesses. It would provide a real portunity. March 31, the birthday of Cesar Chavez will be remembered for long-term benefit to almost every eco- Cesar Chavez, has already been de- his tireless commitment to improve nomic level of American society, un- clared a State holiday in my State of the plight of farm workers, children like a broad, across-the-board tax cut March 3, 1999 CONGRESSIONAL RECORD — HOUSE H917 as proposed that would mean little the entire public, both present and fu- Of course when you spend money, more to the average American than ture, of our Nation benefits from it, there is always an argument that it is $100 a year in a tax cut. but in purely political terms, those helping people, and it does. But you The biggest effect of paying down our folks in the 1980s and 1990s had a point. have to look at the long term as well. debt would be a further reduction in in- The constituencies were definitely If we spend all the money now, we will terest rates that would save home- more well defined for all of the pro- be forfeiting and mortgaging our chil- owners thousands of dollars in mort- grams and tax cuts that were being dren’s future, and that is not fair. At gage payments. The burden of loans proposed and passed. I just stand up this particular time it is particularly shouldered by our college students today to say that fiscal discipline and frustrating, because we have a strong would be greatly alleviated. Our farm- fiscal responsibility should still be a economy. We have unemployment of ers would be able to save thousands of priority. just over 4 percent, we have inflation of dollars on their equipment purchases Since I have been elected to Con- below 2 percent. We have a strong econ- which in turn would allow them to be gress, a lot of folks have been talking omy so that we do not have to spend as more efficient and increase their to me about what it means to be a Con- much money. The economy is taking yields. gressman, how can in essence you care of people. The government does With lower interest rates, industry prove that you have done a good job. I not have to do as much. Now is the would have more to invest in new tech- talk a lot about my emphasis on fiscal time to be fiscally responsible, because nologies and there would be more responsibility and balancing the budget if we do not do it now, a few years from money to invest in education, in trans- and there tends to be this look like, now when the business cycle turns on portation and other infrastructure im- ‘‘Well, that’s just not good enough.’’ As us, it is going to be a thousand times provements that would make the they like to say, you have to have more difficult, because people are America of the 21st century even something to bring home, something to going to need those programs and that stronger than the last. put your name on, whether it is a new help or that tax cut even more. Now is The importance of reducing the debt, bridge, a new bus stop in your district, the time to be fiscally responsible, bal- however, can be measured in more a new swimming pool, you name it, ance the budget and give something ways than just dollars and cents. If we something that you went back there back to our future. show courage and restraint, if we dem- and fought for Federal money to bring I think all politicians in this body onstrate that we too can finally live home. I understand that. In fact, I will should be proud to go back to their dis- within budgetary guidelines, if we only say that many if not most of all of trict and say, ‘‘Don’t judge me by do in Washington what American fami- these programs are indeed worthwhile. whether or not I brought you back a lies have to do every day at home, we Spending money on all of those things highway or a bridge or some other Fed- will restore much of the trust that has will help the district, help the State, eral program. Judge me by the fact been lost in government by the Amer- help the future of the country. that I had the foresight and the dis- ican people. But we also have to remember that cipline to balance the budget and take We talk about bipartisanship. Now is we need to be fiscally responsible be- care of our economy for today and to- the time to begin practicing it. I urge cause, a couple of reasons: First of all, morrow.’’ That is what I think we all Democrats and my friends on the in the future, folks are going to need should be doing back here in Congress, Republican side of the aisle as well to all of those things as well and if we despite the overwhelming pressure to do what is prudent, to do what is right, spend all their money now, they are spend money. Spend it, fine. The Fed- to do something for their children and not going to have them. And second of eral Government spends a lot of grandchildren that will be a lasting all, when you run debt up too high, you money, $1.7 trillion. No reason we can- legacy. Keep the budget balanced and drag down the economy, drive up inter- not spend it within our means. No rea- use the surplus to pay down the debt. est rates and create job loss, which son we cannot be fiscally responsible f makes it even more necessary to spend and balance the budget. I urge that we The SPEAKER pro tempore. Under a Federal money and it becomes a down- do that as soon as possible and remem- previous order of the House, the gen- ward spiral. ber that discipline when we go into the tleman from Illinois (Mr. SHIMKUS) is What I want people to recognize is budget battles that lie ahead this year. that being fiscally responsible and pay- recognized for 5 minutes. f (Mr. SHIMKUS addressed the House. ing down the debt does have a constitu- ency. That is the legacy that I want to The SPEAKER pro tempore. Under a His remarks will appear hereafter in previous order of the House, the gen- the Extensions of Remarks.) leave in my district. I think that is tleman from New Jersey (Mr. PALLONE) f something to bring home, to go back to the people of the Ninth District of the is recognized for 5 minutes. FISCAL DISCIPLINE AND State of Washington or any other dis- (Mr. PALLONE addressed the House. REDUCING THE DEBT trict in the country and say, ‘‘Yes, His remarks will appear hereafter in The SPEAKER pro tempore. Under a maybe I didn’t fight for every last Fed- the Extensions of Remarks.) previous order of the House, the gen- eral dollar but I fought to balance the f tleman from Washington (Mr. SMITH) is budget for your benefit, your children’s The SPEAKER pro tempore. Under a recognized for 5 minutes. benefit and their children’s benefit.’’ I previous order of the House, the gen- Mr. SMITH of Washington. Mr. think all politicians on both sides of tleman from California (Mr. Speaker, I rise today to urge fiscal dis- the aisle should have the courage and CUNNINGHAM) is recognized for 5 min- cipline and fiscal responsibility as we stand up for that. utes. work on the budget for the next fiscal As we head towards this year’s budg- (Mr. CUNNINGHAM addressed the year. et, there is going to be a major battle. House. His remarks will appear here- Back in the 1980s when we were run- There is incredible pressure to spend after in the Extensions of Remarks.) ning up our yearly deficits and con- money or cut taxes in thousands of dif- f sequently our overall Federal debt, ferent places. The thing about it is, there was a phrase that politicians these programs do have some value. As LEGISLATION TO PREVENT used to utter in dealing with the prob- I have often said, I wish just once in GOVERNMENT SHUTDOWNS lem which was, ‘‘The balanced budget my time as a public official somebody The SPEAKER pro tempore. Under a has no constituency,’’ which is to say would walk into my office and say, previous order of the House, the gen- that when you spend money or cut ‘‘We’ve got this plan to spend $5 mil- tleman from Pennsylvania (Mr. GEKAS) taxes, there is somebody or some group lion on fill-in-the-blank,’’ and I could is recognized for 5 minutes. of somebodies who are going to be honestly look at that person and say, Mr. GEKAS. Mr. Speaker, I want the happy about it. It has a constituency ‘‘That’s just a complete waste of last two speakers to know that I am that you can please. money. That doesn’t do any good for grateful for their emphasis on fiscal re- Who benefits from the balanced budg- anybody and there’s no way we’re sponsibility and to let them know how et? Who specifically? Well, obviously going to do it.’’ refreshing it is to hear Members of the H918 CONGRESSIONAL RECORD — HOUSE March 3, 1999 other side of the aisle concentrate on MEXICO IS NOT AGGRESSIVE IN The gentleman from Florida (Mr. reduction of debt, budget responsibil- DRUG ENFORCEMENT MICA) of the Subcommittee on Drug ity, fiscal responsibility. It gives impe- The SPEAKER pro tempore. Under a Policy on the Committee on Govern- tus to my remarks about to be made on previous order of the House, the gen- ment Reform took a CODEL to Central something that has been bothering me tleman from Indiana (Mr. SOUDER) is and South America that just arrived for 10 years and on which I have spoken recognized for 5 minutes. back a little over a week ago, and we at least 100 times on the floor and on Mr. SOUDER. First, Mr. Speaker, I spent 3 days in Mexico, and I would which I will ask for their support when would like to say ‘‘amen’’ to the gen- like to put into the RECORD a list of the time comes. This mainly is budget tleman from Pennsylvania (Mr. GEKAS) different things that Mexico has actu- restraint through prevent government and would like to remind people who ally been doing in the past year: shutdown legislation. sometimes do not remember historical PGR—PROCURADURIA GENERAL DE LA If there ever was a clamp on our abil- points and therefore are prone to re- REPUBLICA, FEBRUARY 19, 1999 ity to balance the budget and to exude peat them is, as one of the so-called Overall Reform of Mexico’s Law Enforce- fiscal responsibility, it is the lack of a firebrands of the Class of 1994, I sup- ment Legal System—Key Points—Legal, In- mechanism to prevent government ported Mr. GEKAS and other similar stitutional Reorganization, and Human Re- shutdown. What have I proposed over legislation from the beginning, as we sources. the last 10 years which now seems to be did before the government shutdown. CONSTITUTIONAL REFORMS gathering more momentum? The fact is that it was not the House Articles 16 and 19: Increased balance in Everyone should recognize that on that shut down the government, it will order to present proof of the ‘‘probable September 30, the end of the fiscal year not be the House that shuts down the cause’’ of the crime and obtain arrest war- for the Congress of the United States, government, and it should not be, rants, and orders of formal incarceration for the U.S. Government, if no new (submission to criminal proceeding). which is why we need to pass this legis- budget is in place the next day, Octo- Article 22: Forfeiture of organized crime lation. We have been for this all the ber 1, we enter into an automatic shut- proceeds in not concluded criminal proceed- down of government until a budget can way along. ings (e.g., death of the offender). The inten- Others would like to make it look tion is to avoid the simulation in the trans- be put into place. What we have re- like unless they get their way in the fer of the assets to third parties. sorted to in the past, as a Congress, has appropriation bills that we are the bad Article 123 paragraph B fraction XIII: Po- been temporary appropriations for 10 guys, but that is different from the lice bodies depuration, dismissed police offi- days, 2 months, sometimes more than cers will not be able to demand reinstall- truth, and it is put up or shut up time. that, but always with another crisis to ment, and they would only be compensated. The gentleman from Pennsylvania (Mr. face us at the end of that deadline on FEDERAL ACT FOR THE CONTROL OF PRECURSOR GEKAS) has had this bill for year after whether or not we will have a full CHEMICALS—DEC. 26, 1997, OFFICIAL GAZETTE budget. year. Where are the cosponsors who To prevent and locate the diversion of My proposal is so simple that it can- like to whine about the threat of a gov- chemical precursors, and it regulates the not penetrate the consciousness of ernment shutdown? Why are they not chemical substances related to in the 1988 Members of Congress, and that is this: backing his bill? Vienna Convention against Illicit Drug Traf- That at the end of the fiscal year, Sep- But I came down here today to talk ficking. tember 30, if no new budget is in place about the drug issue. In the last few Fast mechanism in order to add the regu- the next day, if no new budget has been days, the President has certified Mex- lated chemical substances list. ico as a cooperating partner in the war Data Base: Increased coordination between passed, then the next day automati- agencies and PGR. Imports and exports ex- cally, by instant replay, like in profes- against drugs, and I would like to com- change of information with other nations. ment particularly on that subject. Al- sional football, instant replay, there PROPOSED FEDERAL ACT FOR THE ADMINISTRA- will be enacted last year’s budget. though in the Committee on Education TION OF SEIZED, FORFEITED AND ABANDONED and the Workforce we are continuing b 1315 ASSETS to work with the Drug-free Schools Objective basis for the proper administra- What will that do? Act, Safe and Drug-free Schools Act, tion of the proceeds of crime. That means that forever we will we are continuing to work with treat- Strengthening of the legal basis for the use avoid the possibility ever after of shut- ment programs and many other areas, of the proceeds seized by the Federal Public ting down government because there right now the focus is and should be on Prosecutor in the fight against crime. will always be a budget in place. I ask interdiction, because there is only so Sharing of proceeds with State, Local and for support of my instant replay legis- Foreign governments. much schools can do in Indiana and Final destiny of the seized proceeds in lation which is making the rounds now around the country if they are flooded of the Members of the Congress because favor of the Federal Judicial Branch and the with this huge supply of high-grade co- it makes common sense. Attorney General’s Office. Establishment of Deputy Attorney General In the past, I have been saying that caine, heroin, marijuana that has been coming in mostly through the Mexican Offices for Criminal Procedures A, B y C the reason my proposal has not passed (Territorial distribution of the cases), Spe- is because it makes so much sense. border and increasingly through the Mexican border and is produced pre- cial Prosecutor’s Office for the Attention of Now I want to turn that around and Health Related Crimes (Drug trafficking), say: Because it makes so much sense, dominantly in three countries in the Special Unit on Organized Crime, Special and because it is vital to fiscal respon- world: Peru, Bolivia and Columbia. Unit against Money Laundering, and Reli- sibility, and because it is vital to the Mr. Speaker, we need to understand ability Control Center. reduction of the debt, and because it is that we, while we can argue whether DISMISSAL OF BAD ELEMENTS vital to keep the stream of American this is a cancer or a war, it is, in fact, Imposition of 1,973 sanctions (Dec. 2, 1996 society moving past any impasse that both because there is a war going on in to Feb. 17, 1999), 438 dismissed, 294 disquali- we might have because of budget South America. Two countries have fied, and 157 dismissed/disqualified. breakdowns, I urge that we now see the made tremendous progress: Peru and Criminal charges against 317 former public light of day and pass my instant replay Bolivia. It shows that we can actually servants. legislation. reduce the coca bean grown, reduce the TRAINING No more government shutdowns, no cocaine being processed and reduce the Participation of DEA, and FBI. more leaving our troops as we did in cocaine being shipped. National Police of Spain, National Police Desert Storm ready to fight that battle In Columbia, there is a battle on the of France, Canadian Royal Mounted Police, and Police of Israel. while the government back in Washing- ground; and, in Mexico, it is a little bit ton shut down. Can my colleagues bigger question because it is clear that NEW FRINGE BENEFITS FOR THE PERSONNEL IN- VOLVED IN THE FIGHT AGAINST DRUG TRAF- imagine anything more disgraceful, some of the people, or most, as far as FICKING more embarrassing, more revolting we can tell, of the people in their gov- ernment are attempting to cooperate Civil Service regulations, major medical than that? My legislation would pre- expenses insurance (‘‘Premier’’), Life insur- vent that for all time. with us. It is not clear that we have ance (major risk—100 thousand to 400 thou- Mr. Speaker, I urge full and constant had such cooperation in the past, and sand dollars), additional salary to com- and instant support of my instant re- many of the proposals are relatively pensate risks, and bonuses for relevant ac- play legislation. new on the table. tions. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H919

BINATIONAL SEMINAR ON MEXICO-US LEGAL The following will be used for the eradi- FEADS, CENDRO and all PGR structure. TRAINING cation of illicit drug crops—35 fast surveil- Meetings to coordinate and exchange infor- It is focused on the knowledge of legal pro- lance aircraft. 64 helicopters (24 will be pur- mation with a similar group in San Diego, visions and investigation techniques in both chased during this year and the next), and California are also taking place. countries. autonomous access to satellite images and EXTRADITIONS IN PROCESS—FIGURES UPDATED Its objective is to provide participants precise aerial photographs to detect illicit TO FEBRUARY 13, 1999 with a wider and clearer comprehension of drug crops and verify its effective eradi- Active (Mexico requests to other coun- the legal systems, the structures and means cation. tries), Total 383; with the U.S.—355, 92.6%. 3. Strengthening the coordination between of law enforcement in Mexico and the US. Passive (Requests made to Mexico by other the PGR, SEDENA and SEMAR. RELIABILITY CONTROL CENTER countries), Total 235; from the U.S.—210, 4. Create a control center within the PGR 89.3%. It was established on May 2, 1997, performs to coordinate the counter-narcotics oper- Application of the provisions to prevent evaluations (vetting) for the detection of the ations, joint, interinstitutional, and multi- and detect transactions carried out with re- reliability of the personnel. Applies the fol- disciplinary. sources from illicit origin. lowing evaluations: Medical, toxicological, 5. Utilize Air Platforms in the combat to Suspicious transaction reports, 715; con- psychological, family background and finan- drug trafficking, 7 air platforms with cruis- cerning transaction reports, 31; and large cial situation, and polygraph or lie detector. ing range of 9 to 12 hours. Equipped with— value transaction reports, 5,623,665. RELIABILITY CONTROL CENTER long range, high resolution air radars, long Mexican citizens surrendered in extra- range electronic-optical sensors, and high The evaluations are applied to newly re- dition to the U.S. cruited public servants, and All individuals technology cruising systems. Mexicans by naturalization: John Amos 6. Renew the distribution of the air, sea working in FEADS, UEDO, and UCLD. Devries (Robbery/fraud 07/27/95), Leslie and land reaction forces. Periodical evaluations are applied to all Wortemberg Kenneth (Drug Trafficking 01/19/ 7. Apply Trust Control procedures to coun- the employees of the Attorney General’s Of- 96), and Dominick Espo´ sito Joseph (Drug ternarcotics personnel, in addition to those fice (PGR). 60% of the people tested have trafficking 06/12/96). been rejected or dismissed. applied by the PGR. ´ ´ 8. Increase the budget for the purchase of Native Mexicans: Francisco Gomez Garcıa SEALING OPERATION tracing and interdiction infrastructure. (Sexual Abuse 04/17/96), Aaron Morel Lebaron ´ The following agencies of the Mexican Mexico has been the world’s leader in the (Criminal Association 04/25/96), Delia Cantu ´ Government participate in the sealing oper- eradication of crops since 1994. It is an effort de Sanchez (Sexual Assault 03/04/98), Rosendo ´ ations—Attorney General’s Office (PGR), coordinated by the Attorney General’s Of- Gutierrez Rojero (Sexual Abuse 10/15/98), and ´ ´ Ministry of the Interior (SG), Ministry of fice, the Ministry of National Defense and Bernardo Velardes Lopez (Drug trafficking/ National Defense (SDN), Ministry of the the Ministry of the Navy, among other. Homicide of a BP agent 11/06/98). Navy (SM–AM), Ministry of Communications There is a continuous growth of efforts, and Mexican citizens subject to extradition and Transport (SCT)—Federal Highway Po- the methods used are air spraying and man- proceeding at the 1st step (Not Compulsory lice, and Ministry of the Treasury (SHCP)— ual eradication. Opinion of the District Judge). ´ ´ Fiscal Police. Jua´ rez Cartel—The dismantling of this or- Gerardo Alvarez Vazquez (Drug trafficking ´ ´ The operation sealing includes—Early ganization began with the drug-trafficking 12/03/97), Miguel Angel Martınez Mtz. (Drug warning operations, identification and inter- protection activities performed by General trafficking 06/08/98), and Luis Amezcua diction of suspicious targets, air, land and Jesu´ s Gutie´rrez Rebollo. More than 100 ar- Contreras (Drug trafficking 10/08/98). (All sea interdiction, patrolling, control of land, rest warrants were issued, and millions of provisional arrest.) sea and air collateral elements that support dollars were seized corresponding to various Extraditions of Mexicans already granted drug trafficking, creation of a comprehen- real properties and documents that allow the pending an amparo (all of them in drug traf- sive communications system, coordination identification of money laundering activi- ficking related crimes). Date on which the extradition was granted with the authorities of Guatemala and ties. Belize, and organization of an intelligence by the Secretary of State of Mexico. Tirzo Tijuana Cartel—16 members of the crimi- ´ scheme. ´ Angel Robles, 02/28/97; Jaime Arturo Ladino, nal organization of the Arellano Felix have ´ The sealing operation covers the following been arrested. 09/04/97; Juan Angel Salinas, 12/16/97; geographical areas—Gulf of California— Colima Cartel—5 members of this Cartel Everardo Arturo Pa´ ez, 05/04/98; Florentino States: Baja California, Baja California Sur, have been arrested, among which are the Blanco, 05/08/98; and Jose´ de Jesu´ s Amezcua, Sonora, Sinaloa, and Nayarit. Land: 419,049 Amezcua Contreras brothers. 12/10/98. km 2. Litorals: 3,525 km. Gulf Cartel—Juan Garcia Abrego and Oscar Mexican citizens tried under Article 4 of Peninsula of Yucata´ n—States: Campeche, Malherbe were arrested, and four of its mem- the Federal Penal Code (important cases). Yucata´ n, and Quintana Roo. Land: 132,426 bers have been aprehended. Oscar Malherbe de Leo´ n, Drug trafficking/ km 2. Litorals: 1,740 km. criminal association; David Alex A´ lvarez, ACHIEVEMENTS OF THE SPECIALIZED UNIT Southern Border—States: Chiapas and Ta- ‘‘Spooky’’*, Homicide/illegal deprivation of AGAINST MONEY LAUNDERING basco. Land: 30,783 km.2 Litorals: 300 km. freedom; Jose´ Eustaquio Cha´ vez Laines*, In the near future the efforts of the Seal- The Specialized Unit against Money Laun- Homicide/drug trafficking; Jaime Gonza´ lez ing Operation will also cover the State of dering (UECLD) was established on January Castro, Drug trafficking; Gildardo Martinez Tamaulipas. 1st, 1998. UECLD has been working in close Lo´ pez**, Money laundering; Carlos Escoto collaboration with FEADS and UEDO, in Alcala´ **, Money laundering; Miguel A´ ngel BASIC PRINCIPLES OF THE NEW STRATEGY order to coordinate the various matters re- 1. Intensify the fight against production Barba Martin**, Money laundering; Jorge lated to money laundering crimes. Money ´ and traffic of drugs by doing the following: A Milton Diaz**, Money laundering; Jose Ser- laundering matters (From January 1st ´ higher control in the access, transit and exit gio Calderon Fdz.**, Money laundering; and through December 31st 1998). Pre trial inves- Lionel Barajas, Homicide. of drugs. The sealing of borders, coasts, mar- tigations, 58; Criminal proceedings, 31; and * Convicted. itime ports and airports, and the eradication Convictions, 3. of illicit drug crops. ** Operation Casablanca. At present in process. 2. Procure new systems of detection, de- OFFICE OF THE FISCAL ATTORNEY OF THE BROWNSVILLE LETTER FEDERATION struction, tracing, register and response. Signed on July 2, 1998 between Attorney Helicopters with advanced equipment of— Contributes with the PGR in the fight Generals Reno and Madrazo establishing Navigation, overnight operation, and coded against money laundering by presenting ac- commitments in order to improve coopera- communications. 40 speedboats (there is a cusations and criminal complaints on the tion and to regain confidence between both current inventory of 20 and the rest will be probable commission of such crimes. countries. purchased next year). 8 gunboats ‘‘Holzinger Accusations and complaints presented, Based on the Letter, both countries signed 2000’’ equipped with high speed interdiction (December 1994 to February 1999). Article 115 a Memorandum of Understanding on proce- boats (more than 50 knots) and a helicopter. Bis of the Federal Fiscal Code (repealed), 47; dures for cooperation regarding law enforce- 3 ‘‘Centenario’’ corvettes equipment with— and Article 400 Bis of the Federal Penal ment activities. 1 high speed intercepting boat. 2 ‘‘Caribe’’ Code, 19. Likewise, authorities of Mexico and the International Cooperation Principles, full patrols for low waters. 144 speedboats (al- U.S. have been working on effectiveness respect to—The sovereignty of both coun- ready existing) for coast and riverside pa- measures for a bilateral, objective, trans- tries, the territorial jurisdiction, and the do- trolling. parent, and balanced evaluation of the ef- mestic law. Counternarcotics equipment at ports, air- forts of both countries in the fight against ports, roads and border crossings, equipped TIJUANA—SAN DIEGO GROUP drug trafficking. with X-rays—‘‘Mobile Search’’ (current in- Personnel, 21 elements vetted and trained. Mr. Speaker, I think it is important ventory of 5 and 8 will be purchased next Functions, intelligence investigations in all year), ‘‘Cargo Search’’ for the inspection of the national territory in order to locate the to acknowledge, as frustrated as I and containers at ports, ‘‘Body Search’’ and Arellano Fe´lix brothers. other Members are with Mexico, the ‘‘Buster’’ in ports, airports and border cross- Information exchange, this group will be fact is is they are attempting to make ings, and dog units for drug detection. supported by the Border Task Forces, progress. Now that is different from H920 CONGRESSIONAL RECORD — HOUSE March 3, 1999 saying that they have made progress. 5-minute special order of the gen- Let us balance the budget in 7 years, Yes, they have continued to eradicate tleman from Florida (Mr. DIAZ- and if we balance the budget in 7 years, marijuana, they have fallen behind BALART). then the economy will explode. some in some of their efforts for inter- The SPEAKER pro tempore (Mr. Now the President said that we could diction on cocaine, and we need those PEASE). Is there objection to the re- not do this because this would destroy efforts back up. They have not extra- quest of the gentleman from Florida? the economy, and how many liberals dited people that we have asked to be There was no objection. did I hear come to the floor and speak extradited, but they have started the f into this microphone and tell the process to extradite. American people if we tried to balance LIBERALS THINK WASHINGTON the budget in 7 years, the economy But there are a couple of facts that KNOWS HOW TO SPEND AMERI- make this a very difficult vote should would be wrecked? Boy, talk about a CANS’ MONEY BETTER THAN rewriting of history. Now they talk it come to that here in Congress. One THEY DO is, for all the current plans and efforts about the Clinton recovery? that they have done in this past year, The SPEAKER pro tempore. Under a I remember Alan Greenspan, Chair- there are a couple of irrevocable facts. previous order of the House, the gen- man of the Fed, testifying before the One is, their drug czar was living in an tleman from Florida (Mr. SCAR- gentleman from Ohio (Mr. KASICH’s) apartment owned by one under the BOROUGH) is recognized for 5 minutes. committee, and he said: Mr. SCARBOROUGH. Mr. Speaker, I If you guys and ladies will only pass name of one cartel member. Through would like to compliment the gen- this balanced budget plan, you will see that compromised drug czar, who was tleman from Pennsylvania (Mr. GEKAS) interest rates go down, you will see un- actually on the take from the cartel, on his plan. It is something that we employment go down, and you will see potentially every single source we have have supported since 1995 and had the one of the largest peace-time economic in Mexico was compromised. President and also Members of this expansions in the history of our coun- It is going to be very difficult to re- Chamber on the left supported the try. build a relationship of trust when you same thing. Then when the President That is what Alan Greenspan said. have potentially blown every single vetoed the nine appropriation bills in And do my colleagues know what? It is source you have worked to develop 1995 that shut down the government, a good thing we listened to the eco- over decades when they have the broth- that could have been avoided. I hope nomic intelligence of Alan Greenspan er of the President being involved in that we will be willing to do that in the instead of the demagoguery that came the assassination of a presidential can- future. from the other end of Pennsylvania Av- didate, when they have people high up I was very, very interested to hear enue, because we stayed the course, we in their military, we learn that they our Democratic friends talk about fis- fought the good fight, and we took a are on the take from the drug cartel. cal responsibility and talking about deficit from $300 billion when we got These are not little low-level occa- how the saying went that the balanced here in 1995 down to a point where it is sional problems. When we have the budget has no constituency. Mr. Speak- almost balanced. DEA unable to go into regional parts of er, I can tell my colleagues one person Mr. Speaker, the news only gets bet- their country, we have substantive that cared about it in 1993 while he was ter. We find out this past week that the problems we have to address with Mex- sitting on the couch watching C-Span CBO is now saying: ico. in the summer in Pensacola, Florida, If Congress and the President do The North American Free Trade was myself. nothing, then the $5.4 trillion debt that Agreement, often referred to along the I remember in 1993 watching the gen- threatens my children’s economic fu- border and in other parts of the coun- tleman from Ohio (Mr. KASICH) and a ture and all of America’s economic fu- try as the North American Free Drug band of young Republican conserv- ture will virtually be eradicated in 15 Trading Act, is something that has atives come to this floor and fight the years. opened up the borders, and we have to President and the liberal left’s plans to But the question is: Can the President and those on the get control of those borders. But we pass the largest tax increase in the his- left leave well enough alone? must not forget much of what we know tory of this Republic. See, their vision about the corruption in the Mexican See, we have got these horrible little of America then and now has been that things called budget caps, a road map government is because leaders of Mex- if we want to balance the budget, the for fiscal responsibility, and they think ico have in fact identified those leaders only way we can do it is by raiding the this is a bad thing. In fact, the Presi- for us and acknowledged that they pockets of taxpayers. dent sees his only way out is by doing have to clean it up. The fact is is they In fact, we had some insight on this what he did in 1993 and what Demo- have started and have proposals on the about a month ago when the President crats have done for 40 years. He says, table to work through extradition, to went up to Buffalo, New York, and he let us take it from the American peo- work through rebuilding their navy. told the people in the audience that we ple; they do not know how to spend We need a maritime agreement, but really have to avoid this idea that the their money. Let us raise taxes by bil- one of their comebacks to us is, as my Republicans have that we are going to lions and billions of dollars. That is in colleagues know: Your government cut taxes. The President said to that the President’s budget. That is the never asked us to sign the maritime Buffalo audience: President’s plan. agreement. We could give you money back and My gosh, if we talk about cutting Part of our argument in Congress is hope that you spend it on the right taxes, how about cutting taxes for with our own administration, and it is things, but we cannot trust you, basi- Americans that make from 45 to tough to put all the blame on Mexico. cally. $60,000? Raising the threshold? What if I say that as somebody who, for my 4 As my colleagues know, what a vi- we talk about cutting capital gains years here in Congress, has been stead- sion for America. What a sad, tired, taxes that actually helps so many ily pounding on Mexico because I be- worn-out vision for America. It is a vi- Americans, helps grow the economy? lieve they have not been aggressive sion that is radically different from They say that is a bad thing. I dis- enough in drug enforcement. I have had what the Republican party believes. agree. several amendments related to Mexico, GOP, as far as I believe, stands for Unlike the liberals, I still believe and I am not certain how I am going to government of the people. We believe Americans know how to spend their vote. But it is not a clear-cut case, and people know how to spend their money money better than Washington, D.C. we need to continue to encourage the better than bureaucrats in Washington, f current government. D.C. That is why I ran for office in 1994. KEY OBJECTIVES OF THE f I saw the President’s budget and the Democrats’ budget that passed without REPUBLICAN PARTY EXCHANGE OF SPECIAL ORDER a single Republican vote, and I saw The SPEAKER pro tempore. Under TIME that the gentleman from Ohio (Mr. KA- the Speaker’s announced policy of Jan- Mr. SCARBOROUGH. Mr. Speaker, I SICH) and the rest of the Republicans uary 6, 1999, the gentleman from Colo- ask unanimous consent to reclaim the laid out a blueprint, and we said: rado (Mr. SCHAFFER) is recognized for March 3, 1999 CONGRESSIONAL RECORD — HOUSE H921 60 minutes as the designee of the ma- It has now become an international losophy on what we thought was going jority leader. organization, and, Mr. Speaker, I am to be good for our future and for our Mr. SCHAFFER. Mr. Speaker, I am proud to say that this fourth and fifth kids and our grandkids. honored to be joined in this special grade classroom of Mrs. Vogel’s has We decided, with a great deal of de- order with a number of Republican col- now raised over $100,000 worldwide, and termination, that we were going to bal- leagues, two from my home State of has redeemed, has purchased freedom, ance the budget. We cut out $70 billion Colorado and one from the great State for over 1,000 people in the Sudan. It is of projected spending that first year, in of Michigan, and I would invite other an absolutely incredible story. This 1995. We pledged among ourselves that members of our conference to come classroom has done more for human we were going to be very frugal in cut- join us as well as we spend a little bit rights in the Sudan than this adminis- ting down the size of this government of time sharing with each other and tration, I assure the Members, than in order to balance our budget, in order with our colleagues on the opposite this government, has done. to not pass on the debt of this country side of the aisle and indeed the Amer- They are not finished yet. When I to our kids and our grandkids. ican people the values and beliefs that was there on Monday, they had just re- I am a farmer. Where we grew up in we stand for and that we, as a Repub- ceived a fax copy of a front page article Addison, Michigan, our goal was to pay lican party, hope to move forward on that appeared in a Tokyo newspaper off the farm so we could leave the farm the floor of the House. about this class. It is truly an extraor- to our kids, so they had a better Among those are key objectives of dinary situation. I brought them a flag, chance of making it and surviving. We this session: tax relief for the Amer- and each one of the students in the should do the same thing as a country. ican people, a strong national defense, class had written me a note. I have in- We were successful. The only reason a world-class education system, and troduced them into the CONGRESSIONAL that we went from a $300 billion deficit Social Security reform in a way that RECORD. But I want to keep talking projected for as far as we could see, guarantees and safeguards the Social about this, Mr. Speaker, because few $200 billion on out, was that we became Security system. other people are. This is a land that very frugal in slowing down the in- Mr. Speaker, part of that discussion needs our attention. crease in spending. Now we have suc- also entails some international issues I am on the Committee on Inter- ceeded. We have an overall unified that I know at least one Member is pre- national Relations. We had the Sec- budget surplus. Most all of that is com- pared to talk about, and with that I retary of State, Madeleine Albright, in ing from the social security surplus. yield to the gentleman from Colorado a week ago to discuss foreign policy The question is, what do we do now? (Mr. TANCREDO) who had a unique expe- issues. As it turns out, in a half-hour If part of the goal is to have a smaller, rience with one of his elementary presentation, in a 30-page written docu- less intrusive government, should we schools in his district that I think all ment about foreign policy, every for- reduce taxes? Should we pay down this of us would benefit learning more eign policy issue we have, every coun- $5.5 trillion debt? Should we somehow about. try was named where we have an inter- make the adjustments into capital in- vestments, hopefully in individuals’ b 1330 est, where there is a concern, except for one. I scanned it thoroughly to names for social security, to start solv- Mr. TANCREDO. I thank the gen- watch for it, to look for it. Not one ing the social security problem? tleman. It truly was. Of the 25 or more time was there a mention of the Sudan. Let me tell the Members what I years that I have spent in public life, There are horrendous things happening think the fear is as Republicans try to this was perhaps the most significant there that need to be brought to the at- make these tough decisions. The fear is and most moving experience I think I tention of the American public. The at- that if we do not get this money, if you have had. tention is being brought by classrooms will, extra money out of town, the I visited a class, a fourth and fifth like this one; no, in fact, just this spenders, the tax and spenders, are grade class at Highline Community classroom. I wish there were more, and going to use it for expanded govern- School in my district. It is a public there will be before we get done with ment spending. school in the Cherry Creek School Dis- this. Just a comment on the President’s trict. Why this school is unique, and it Mr. SCHAFFER. It is a remarkable budget. He is suggesting over $100 bil- certainly is unique, and that is a word example of what a classroom can be, lion of increased spending, almost $100 that gets thrown around a lot, often- given the liberty and freedom to teach billion over the caps that we passed in times misused, because it really means under the direction of a professional 1997 for increased spending. We could nothing else like it. But I can use it ap- educator. For those students in par- say that is coming out of the social se- propriately and correctly in describing ticular, they are getting quite an edu- curity surplus, because that is where it this particular school. cation in international affairs, about is coming from. Actually, this particular class and how government works, about human What do we do? If we could be guar- their teacher, Mrs. Vogel, about a year rights, and so on. anteed that the spenders that want a ago this class studied or actually had Those young kids also ought to be bigger government, that want to tell to just read a little tract that was dis- concerned about their retirement and the people of this country how they cussing the situation in the Sudan, their savings, another topic that Re- should act and where they should go particularly the situation of slavery in publicans care deeply about. and how they should do it by increas- the Sudan. I yield to the gentleman from Michi- ing the taxes and taking the money out The Sudan, as we know, is a troubled gan (Mr. SMITH) to talk about why of their pockets, if I could be convinced country with a history of civil war now those kids should care about the Social that we could hold the line on spending that has gone on for about 8 or 10 years Security Administration. and the growth of this intrusive gov- that has cost almost 2 million lives. Mr. SMITH of Michigan. I thank the ernment, then I say the first choice is More people have died in this struggle gentleman from Colorado (Mr. SCHAF- to pay down the public debt. than in any war since World War II. FER) for organizing this one-hour ses- Not only does that increase the econ- This is absolutely amazing that we pay sion. When I yield to the gentleman omy by reducing interest rates, but I so little attention to it. That was real- from Colorado, I want you all to feel think there is a danger of the spenders ly the concern raised by the students free to respond. saying, look, we need this money for and the teacher. Mr. Speaker, let me just give my im- all of these good things, and therefore They said, how can this be happen- pression of what has happened, how it we are going to reach into that pot, if ing? How can slavery be happening in happened, and maybe what we have to you will, of social security trust fund this day and age, medieval slavery be look forward to. money and start spending it like they occurring in the world someplace In 1995, Republicans took the major- have for the last 40 years. today, and nobody knows or no one ity in this House, the U.S. House of So let us look at a balance. Let us cares? So they set about to do some- Representatives. After being a minor- say that everything coming in from so- thing about it. They started an organi- ity for 40 years, we came in quite ag- cial security should be saved for social zation that they now call STOP. gressively trying to promote the phi- security. One way to do that is to pay H922 CONGRESSIONAL RECORD — HOUSE March 3, 1999 down the debt. Hopefully we will have try did, and we put a command center missile defense system. The most log- the guts, the intestinal fortitude, to inside that mountain in Colorado ical way to have a missile defense sys- move ahead on social security. But let Springs, actually in the district of the tem is a space-oriented system. us also look at the other general fund gentleman from Colorado (Mr. JOEL All of a sudden, in the last year, the surpluses to put that money back HEFLEY), who is considered around here Democratic Party and the administra- where it came from, in the pockets of as an expert in defense. tion has turned a new leaf. They have this country’s taxpayers. This center, among other responsibil- now stepped forward and said, we are Mr. Speaker, that is sort of my ities, detects missile launches from willing to have a missile defense sys- speech. I think the challenge is really around the country. As many of us tem. It is amazing in this country how ahead of us. I just encourage, Mr. know, and we have been very active in few of us out there know that this Speaker, everybody that is listening to complaining about this, unfortunately, country has no missile defense system. contact their Congressman, contact the need for a strong military has been When I speak with my average con- their United States Senator, to give somewhat diluted because we have stituent, I say, tell me, do you think them your ideas and thoughts as we been in fairly peaceful times. I can as- the United States, if we detect a mis- move ahead. The danger is that this sure the Members, as my colleagues sile launch, which we detect in the government is going to continue to would agree, that that is a very dan- NORAD facility in Colorado Springs, grow, it is going to continue to be more gerous attitude to get into. and by the way, our detection can tell intrusive, it is going to continue to be We are respected throughout the us the size of the missile, the speed of a weight or a burden on economic ex- world and we are the superpower the missile, the destination of the mis- pansion and development. throughout the world in part because sile, time of firing, et cetera, et cetera. Mr. SCHAFFER. Back home in Colo- of the strong military that we have. When I tell my constituents that rado, there is no question that the ma- There are a lot of people in this world then the only other thing we can do is jority of constituents that we hear who would like to take things that we call up on the phone to the destination from in my State are very strongly be- have, and they will take it by force, if and say, you have an incoming missile, hind the belief that the era of big gov- they ever have that opportunity. We say a prayer, that is all we can do for ernment is over. When we look at the can never afford to be second in the you, they are stunned. Because a lot of President’s proposed budget plan, it strength of our military. my constituents know that we provide does entail escalated rates of spending In order to maintain or actually re- missile defense for the country of here in Washington, additional tax in- gain, at this point in time, the Israel. We provide missile defense for creases in that budget, and just tre- strength in our military, we have to do some of our allies’ ships, because under mendous growth of the bureaucracy several things. One, the quarters that the antiballistic missile treaty we can and the regulatory structure in Wash- these military people sleep in and the do that, but we do not provide it for ington. pay that they have is very low. I last ourselves. My district is on the eastern half of week toured a number of military bar- Is that the finest example of ludi- Colorado. My colleague from the other racks, and I will tell the Members, it crous behavior we have ever seen? It is half of Colorado is here representing looks like poverty housing in a large important that we put in place in this the western slope. I yield to the gen- city. It is disgraceful. country, not just talk about it, al- tleman from Colorado (Mr. MCINNIS). We owe these young men and women though talking about it is an impor- Mr. MCINNIS. Mr. Speaker, I would that are serving in our military more tant first step. I am glad that the like to change the subject for a mo- than that. We need to make a commit- Democrats have joined us to talk about ment, although I do recognize and ap- ment to put money in to bring those it. They have come over to the Repub- preciate the gentleman from Michi- barracks up to at least decent living lican position that the defense of this gan’s comments on social security. standards. The good news about our country is The second thing, of course, and the country is necessary, that we need to that people are living to a longer age. Republicans have taken the initiative put missile defense in. That is as a result of our good health on this, that is a pay increase for our But we have to get beyond talking. in this country and the medicine and people who serve in the military. So we What about a land-based system? In so on. But they have never adjusted have to worry about personnel. We my opinion, the only realistic missile anything in social security to account have to get our personnel built back up defense that we can put in in this coun- for that. The average couple on social again. We have got to give them bene- try is going to have to be space-ori- security right now draws out $118,000 fits that will encourage our personnel ented. Why? A land-based system, with more than they have put into the sys- to stay in the military for a career. We the technology that we have today, tem. On an actuarial basis, the system have to get the excitement back in the cannot pick up a threatening missile at is broke. personnel that we put in there about the launchpad of another country. It The Republicans have said for years the defense of this country. can only pick it up once that missile is that we have to fix it. I note that the We have very dedicated, very hard- within a certain range. Maybe 100, 200 President, in the State of the Union working people that serve us today in miles is when the radar picks it up and Address, said that he wanted to reserve the military, but we are testing their actually fires a missile against it, a certain percentage. We have agreed patience when we ask them to live in probably within 100 miles of the target to reserve that percentage. I am glad the kind of facilities they are in, and over the land. that the President has joined our long- when we pay them the kind of pay we So if our missile here from a land- term efforts in saying we can do it in a are giving to them. based system goes up and connects balanced budget way. But as the gen- The second issue that I touched on at with the enemy missile, and by the tleman has said, I think very accu- the beginning of my remarks is the way, they told me when I went and rately, we have to make sure we keep NORAD Command Center, and frankly, looked at our land-based system that the big spenders, keep their fingers out what we call missile defense. the odds of these two missiles coming of the cookie jar. For years the Democrats, and I will together at the same time are about I would like to shift for a moment, make this very clear, for years the the same as throwing a basketball out because I know my colleagues would Democratic administration and the of Cincinnati, Ohio, and making it like to talk about it, and invite the Democrats in most part have opposed through the hoop in Washington, D.C. gentleman from Michigan to join us as the Republicans’ urging that we install You get about one chance on a land- well. That is topic of the national de- a missile defense system in this coun- based system, and if you happen to hit fense. try. the incoming missile, you blow it up In Colorado, all three of us border an President Ronald Reagan was ridi- over the United States. If, for example, area called the NORAD Command Cen- culed, ridiculed, by the liberal media we had an incoming missile into Kan- ter. What they actually did in Colo- and by the liberals in the United States sas City, they might connect with the rado, they went into a mountain full of Congress and around parts of this coun- missile somewhere over Colorado and granite, they hollowed it out, our coun- try when he said, this country needs a we would have this nuclear explosion. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H923 What makes sense on a defensive We just have not spent the money to launch against the United States but missile system is a space-oriented sys- deploy this technology. And it is now they knew that we could destroy that tem that can pick up and either de- becoming an expensive proposition. If missile at some point over Russia, so stroy the missile before it leaves the we would have been on track and mov- we may pick a point where it has the launchpad, or has any number of win- ing forward on a missile defense system maximum impact on Russia. They dows as the missile is coming over to over the last 6 years that the Clintons would be reluctant to launch that mis- our country to hit that missile. have held the White House, the cost of sile if they knew on its course it was going over Moscow and we could use a b 1345 this would be substantially less than what we are confronted with today. laser beam and destroy it there and And our odds of being able to come in But when it comes to the reality that have nuclear impact there. There is on the directional altitude of that mis- we are virtually defenseless after an at- some serious thought about that. sile with a laser are a lot higher than tack has been initiated, it really causes Mr. SCHAFFER. Mr. Speaker, the the hopeful or lucky shot from a land- us to put this within the context of pri- other aspect that I think needs to be based system. orities. We are spending billions of dol- understood by more Members of Con- So, I know that I and my colleagues, lars in Washington on things that real- gress and the American people is that we have had many discussions on it. ly do not affect the day-to-day lives of the threat of this kind of warfare is Our constituents are concerned about the American people. But defending really getting broader, not more con- it in Colorado where the detection our borders is one of those priorities strained. Even though the Berlin Wall takes place. But it is a subject that all that we need to get more serious about fell and the old line communists have of us have to put to the forefront so here in Washington. lost power in Russia, in the old Soviet that we can offer the next generation, Mr. Speaker, it has been a long time Union, it is the expansion of rogue na- those young people that the gentleman coming for the President to stand here, tions accumulating and developing nu- from Colorado (Mr. TANCREDO) went as he did just recently, and say all of clear technology that we need to be and visited, we want to assure not only the sudden he realizes we need to de- more concerned about. the ability to free slaves, but assure velop a system to defend our country. In fact, it was Korea that launched that the next generation has the best It is a realization that I think is a step the Taepodong missile, the three-stage possible defense out there for these in the right direction, but it is 6 years rocket, and really announced to the rogue nations that are willing to use a too late, frankly, and it puts the Amer- world that they had the capacity with- missile or a nuclear weapon against the ican people at some peril. in a 600-mile radius to reach the North United States of America. What the White House has tried to American continent in less than a half- The best way to do it, and finally rec- convince the Congress over the years is hour. That was a real shock to all of ognized by that side of the aisle, is for that we can maintain national security us, but I also think it sends up a signal us to sit down, not just talk about it, through reliance on our intelligence- for all of us that we do need to elevate put money where our mouth is, and gathering community throughout the the level of priority in this Congress, build that system as soon as we can. I world. But Pakistan and India showed and express that concern to the White House, that defending our borders is a am sure my colleagues may want to how reliable that system is, when high priority. comment on it. Pakistan detonated five nuclear de- Mr. SCHAFFER. Mr. Speaker, the It is the reason that we, as a Repub- vices, frankly, when we were looking lican Conference, have made this topic is certainly a relevant one, but right at the site and had not figured not a new one here in Congress. For among our top four objectives in this out what was occurring. Congress. I yield to the gentleman years, the Republicans have been try- Mr. MCINNIS. Mr. Speaker, as the ing to point out this fact that the from Colorado (Mr. TANCREDO). gentleman pointed out that he just re- Mr. TANCREDO. Mr. Speaker, I North American continent has no de- cently toured NORAD, NORAD is prob- think it is important for our colleagues fense against a single, incoming inter- ably the most sophisticated intel- to understand and for the people listen- continental ballistic missile. We can- ligence-gathering facility in the world. ing to understand that those rogue na- not stop it presently. The other sophisticated ones happen to tions are indeed becoming much more The strategy that we have suggested be under the control of the United dangerous and they now pose the great- over the years involves several dif- States or on American territory also. est threat to the security of the United ferent strategies, trying to get at least So we have the intelligence capability. States that has actually existed since two shots at a missile launched at the But the intelligence does not do a lot the end of the Cold War. North American continent. I had a tour of good once we figure there is an in- One of the reasons why that is the of NORAD, I have been on a few of coming missile, as the gentleman said. case today is because they have tech- them over the years, but just a few We can have all the intelligence in the nology. They have been able to im- months back. And one of the simula- world about where that missile is com- prove their missile systems, they have tions that I had seen, just in terms of ing, but if we do not have a missile de- been able to improve their guidance the timing, is important to realize. We fense, what good is the intelligence? systems as a result of a technology are talking about a missile launched Mr. SCHAFFER. That is exactly that we provided for them and also as from the interior of China takes about right. With the technology we have a result of the President’s Executive a half-hour to get to the North Amer- today, if it were to be employed, it vir- orders that were signed that allowed ican continent. A half-hour is all the tually makes the prospect of nuclear that transfer of technology to go on. time we have. weapons becoming obsolete a very real Since I am the newest Member here, What NORAD does is approximately one. Think about that for a moment. I had several great opportunities to within the first few minutes, they can The prospect of having nuclear weap- discuss issues like this during various identify the type of missile that is ons become obsolete basically by step- retreats and prior to actually coming launched, can identify a potential path ping forward and deploying the tech- and taking over or getting sworn in, in the early first few minutes, can nology that makes it possible to knock and I asked every single person that identify potential targets, and over down those missiles at a reliable rate came in, every single person who had a about the first 15 minutes gets closer in the offender’s airspace before these foreign policy or foreign relations or and closer to narrowing and defining missiles finish the boost phase or leave some expertise in this area, I asked the specific targets. It takes about 15 the enemy territory and airspace. them four questions: Is it true that we minutes to identify the exact city that Mr. MCINNIS. And where the missile have transferred technology to the Chi- is being targeted in such a launch. would discharge in the country of the nese? Is it true that transfer was ille- But what a space-based laser system person launching the missile. Then gal? Is it true that it has jeopardized would allow us to do is basically shoot they would think twice about launch- our security? And is it true that that down those missiles in the boost phase. ing it if they knew, for example if was made as a result of these Executive The technology, people think this is China or Russia right now, where our orders signed by the President? some technology that does not exist. big concern about Russia is an acciden- Mr. Speaker, each case, to a person, This is technology that we have today. tal launch, but if Russia decided to liberal, conservative, and this was at H924 CONGRESSIONAL RECORD — HOUSE March 3, 1999 the Kennedy School at Harvard, we had mined that I am going to put my re- Now, I have got to say that when I four liberal people in front of us, for- sources not as a critique of the Clinton came here a few years ago to Washing- eign policy specialists, and to a person administration necessarily, but to say ton, I was really shocked, in fact dumb- they all said yes. We never had one per- to the Clinton administration, all founded, that there were people here in son that disagreed with that. right, the administration is finally ac- Congress who sat on a certain side of When we look at the situation that knowledging, as we have all discussed, the aisle that would vote for a missile we face, not only is there more nations thank you for finally acknowledging defense system if that missile defense out there with the capacity to strike that we need to put money into this system would defend another country. the United States; now we are even military. Real money into a real mili- But at the same time there would be a more unprepared than we were in the tary. Thank you for acknowledging motion made by somebody on the Re- past because of what this administra- that we need real missile defense in publican side, and I hate to do this but tion has done to our military. Not just this country. it tended to draw along partisan lines, our missile defense system, but the We should assume that the prolifera- if somebody proposed that the missile general preparedness of the military tion of nuclear weapons will continue. defense systems that we were develop- which has degraded dramatically over We should assume that we cannot uni- ing would be used to defend our own the last several years. And not only has laterally disarm. And we should as- children or our own families, they the preparedness degraded, our ability sume that at some point in time some- voted against that funding. to respond all over the world degraded, body might try and take us on. There I just shook my head. I have to say but out responses everywhere around is a reason that they call our Trident this as somebody who believes in rights the world. Troops continue to be sent submarines, for example, ‘‘peace- and responsibilities, that if the tax- all over the place. There a proposal to keepers.’’ Because if we are strong and payers of the United States are going send 4,000 to Kosovo, along with the we remain number one, we minimize to bear the responsibility of developing United Nations troops, that would not the chances of us getting into an en- missile defense systems, how in the be under American command. Troops gagement. But we must, nonetheless, world can those who claim to represent that would be under blue berets. be prepared. those taxpayers not allow that defense These things are being asked of Mr. Speaker, I think it was George system to defend those taxpayers? American troops and boys and girls, Washington who said the best way to b 1400 citizens who are in the armed forces. avoid a war is to always be prepared for To put their life on the line. To go in war. Well, as we have said here, the It is astonishing how shortsighted harm’s way. We are not providing the best way to avoid an incoming missile people can be. For a long time, people support that we need to both in the is to always be prepared for an incom- did not think about the fact that our housing and also in the actual equip- ing missile. That is our best defense. troops could have missiles rain down ment of war that they need to protect That is all we are asking of the admin- on them when they were in a tactical their lives. And we put not just them istration. Put money in so that the situation. All at once, now it is univer- but the entire Nation at risk by the best way to protect the next genera- sally accepted by Democrat, Repub- fact that we do not have the defense tion from an incoming missile is to be lican, Independent, left and right, that system that we need. prepared for an incoming missile. a theater defense system is not only Mr. SCHAFFER. Mr. Speaker, 2 years Mr. SCHAFFER. Mr. Speaker, I yield appropriate, it is essential if we are ago the President stood up there at the to the gentleman from California (Mr. going to defend our troops in the field. podium during his State of the Union BILBRAY). What is sad is, are we going to wait address and boasted at the time that Mr. BILBRAY. Mr. Speaker, I com- until the missiles land in our neighbor- there were no nuclear weapons pointed mend the delegation from Colorado. hood before the same enlightenment at the United States of America. Just a Just an observation: The air in Colo- applies for defending our sovereign ter- year later, there were no less than 13 rado may be thin, but its representa- ritory here in North America? What is targeted at the United States by China, tion in Congress is very strong. really scary is, what does it take to and done so presumably with the tar- Mr. MCINNIS. Our snow is good. learn. geting technology and satellite com- Mr. BILBRAY. Mr. Speaker, I would I think that maybe what it takes to munication equipment that they ended like to point out, as somebody who rep- learn is that a lot of Americans before up with through the signing of the six resents San Diego which actually is 1814 thought the Capitol was safe be- waivers, that have been mentioned, by one of the largest if not the largest cause of our big Atlantic Ocean. After the Clinton administration, the Presi- military complex in the world, we al- the sacking and burning of this Capitol dent himself. ways think about the fact that since and this city, there was a lot different Mr. MCINNIS. Mr. Speaker, if the the sacking and burning of Washington attitude about national defense. gentleman would yield, that is exactly in 1814, Americans have basically per- I hope that we are able to learn from the point. We do not need to argue with ceived themselves as being insulated other countries’ experiences rather the administration about whether or from attack from across the ocean. The than having to wait for those disasters not there are missiles pointed at this trouble right now is that we sort of to actually end up in our own neighbor- country. We know. And what we have make that assumption that our Capitol hood. tried to convince the administration is is safe. In fact I think, more impor- Let me point out, I will say this that we should not go on the assump- tantly, we would like to make the as- clearly, and I think any Member of tion that Russia is telling us the truth sumption that our wives and our chil- Congress will say this, the only thing that they are no longer targeting the dren and our families back at home are worse than seeing our Capitol de- United States. We should not go on the safe from foreign aggression. stroyed would be watching our neigh- assumption that China says, ‘‘Don’t The sad fact about it is that is not borhoods at home destroyed. We have a worry. We are not interested in target- true. And I will just ask anybody if responsibility to defend that and to add ing the United States.’’ they want to think that this is not an that. I do not think it is something In fact, we should go on the opposite important issue to do as I was able to that is pie in the sky. I do not think it assumption. The fact is that through- do. Talk to the parents who lived in is something that is outside. out the world, whether it is Russia or Tel Aviv at the time the scuds were I think we saw what American inge- China or some terrorist organization, coming into Tel Aviv in Israel, and nuity did with a glorified P.C. com- there will be at some point in the fu- talk to those parents about the dif- puter and a missile defense system that ture of this country a threat or a mis- ference of being soldiers in the field as was never meant to be a missile de- sile launched against this country. We opposed to being parents at home and fense system. It was supposed to go can today prepare for that. the fear of their children having mis- after airplanes. But Americans and Mr. Speaker, I am one of the leading siles rained down on them. That really American ingenuity can conquer this critics of the Clinton administration made an impression on me and really problem and defend our neighborhoods. and what they have done to our defense changed my attitude a lot of ways I think we have to have the trust and and to our military. But I have deter- about missile defense capabilities. commitment to get the job done. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H925 We spend billions and billions to go what should be higher priorities here in place, and to put under government all over the world to protect everybody this Congress, not only with respect to hands and government management. else’s neighborhood. Doggone it, we our attention, but also with respect to I have often heard some of the special have the responsibility to do the same budgeting and the finances, many may interest environmental groups try and for our own. wonder how it is that the gentleman educate the American public thinking Mr. SCHAFFER. Mr. Speaker, re- and I and others like us believe that we that the government every day sells claiming my time, the Patriot System should balance the budget and do it away land and gives land to mining we all watched during the Desert continuously, second, establish the pri- companies and timber companies, and Storm conflict was something that we orities that allow us to rescue the So- the land is being destroyed by millions celebrated, and I think most Ameri- cial Security system, provide for a of acres. In fact, just the opposite is cans found to be rather remarkable. world class education system and de- true. You see dwindling industries, not But we had the ability in a theater fense system, as well as provide tax re- just because of this, but in part related missile defense structure to have a rel- lief for the American people. to this, you see dwindling industries in atively high success rate of shooting I want to kind of switch the subject timber and so on. down incoming missiles with respect to by talking about another issue we are What you see is the government ac- the attacks on Israel. concerned about, but it really is all quiring land. The government is a net But once again, the discussion about within the context of priorities. The acquirer. In other words, the govern- a national missile defense system as it President, in his latest budget, has pro- ment acquires more land than it gets relates to an intercontinental scenario posed $10 and a quarter billion for what rid of by many, many, many multiples. is a defense system that we just do not amounts to a land grant, the Federal The government does not sell very have and does not exist today. Government purchasing more land, pri- much land. If they sell, it is for a right- Again, the scientists, those who are marily in our State and out in the of-way or they may do a land swap or involved just from the research and West under the Lands Legacy Initia- something like that. technology side, have developed the tive. But if one takes a look across this technology to defend our country. It is This is one of the things, when the country, when one looks at the dif- just a matter of making it a priority President and others who believe what ferent lottos that are used to buy open and putting the pieces in place here po- he does, that the Federal Government space, the different kind of funds that litically to make that defense system a should increase the ownership of prop- local municipalities and areas have reality. That is what we are going to be erty, decreasing the amount of private dedicated of taxpayers’ money to buy pushing for this year. ownership of property in America, that land from the private marketplace and Mr. MCINNIS. Mr. Speaker, if the some are inspired by that. There is no to put it into the government hands, gentleman will yield just very briefly, I question about that. and then you consider proposals when am sure that, when we get back to our But, in reality, what proposals like the President of the United States is office, somebody will call up and say, this do is, first of all, it takes valuable willing to go out and spend billions and ‘‘Are you guys aware of what is called land out of private ownership. These billions of dollars to take more land the Anti-Ballistic Missile Treaty?″ lands are taxed by our local school dis- away from the American people and Just very quickly, to run through tricts, by local communities, provide put it into the government, I mean, I that again, the Anti-Ballistic Missile necessary funds for education, for am not sure that is the right answer. Treaty, the basis or premise for it was street, and road improvements, for Clearly, all of us with today’s tech- that Russia got together with the county budgets, and so on. nology have to be more concerned United States and said, ‘‘All right, the But the other thing it does, by re- about what do we do for the preserva- best way for us to provide security that moving that land from private owner- tion for future generations of the land we will not have a conflict between ship and putting it into the govern- we have. But I think the best managers each other is neither one of us will ment’s pocket, it results in restricted of the land most obvious, not always, build a missile defense system. That liberty and freedom of the American but most often are the people that live way, we will be hesitant to attack each people. the land, the people that live off the other because we do not have anything For the gentleman and I who rep- land, the people that work the land, to defend ourselves.’’ resent a great western State, our herit- the people that enjoy the beauty of the For example, the United States, age is built upon the land and land land. under the theory of this treaty, would ownership and sound management of You must always be suspicious when not attack Russia because they would natural resources in a way that has the government shows up and says we not have any way to defend themselves really created a thriving economy are here to help. We have better ideas from Russia’s retaliation. among western States. than you do. The better ideas come out Well, those days of that treaty are So I use that as an example, and per- of Washington, not out of Colorado. over. If one reads the treaty, the treaty haps the gentleman from Colorado (Mr. Mr. SCHAFFER. Absolutely. can be abrogated by the United States MCINNIS) and I would talk further just Mr. MCINNIS. Mr. Speaker, as the and by Russia. It is foolish for us to about the effect of the Clinton admin- government buys, for example, wilder- continue under the pretense that this istration, the Federal Government’s ness areas, the first thing you do is you treaty is going to preserve us from an perspective on these western land-re- take away local control. The gen- incoming missile attack at some point lated issues. tleman from Colorado (Mr. SCHAFFER) in time by some rogue nation. But, once again, I point out that this and I have discussed this on a number At the time this was signed, tech- is an area where the administration’s of issues. nology was different, the thoughts priorities are different than the Con- The gentleman has a vast district in were different, the atmosphere was dif- gress’. We believe in defending the eastern Colorado, some of the most ferent, and the number of countries country, creating great schools. The beautiful, I think, some of the most that had this kind of weaponry was dif- President obviously believes in having beautiful plains in the United States. I ferent. the Federal Government purchase more adjoin him, and I have the western part So I think it is important, as the land that is better managed under pri- of the State of Colorado which we gentleman from Colorado (Mr. SCHAF- vate ownership. think are the most beautiful set of FER) and I have discussed, do not let Mr. Speaker, I yield to the gentleman mountains. We share those beautiful that ABM Treaty be a diversion from from Colorado (Mr. MCINNIS). mountains with States like Utah, Mon- what is a necessary and, frankly, an Mr. MCINNIS. Mr. Speaker, I thank tana, Idaho, and Wyoming, but the obligation of this Congress and to the gentleman for yielding to me. This Rocky Mountain range. people of this country for this genera- issue of course crosses party lines. It is There are certain areas there that tion and future generations to defend a bipartisan issue. It is the question of are owned by the government, and the our country. how much land should the Federal Gov- government should retain the owner- Mr. SCHAFFER. Mr. Speaker, re- ernment be allowed to continue to buy ship of that. But we must make sure claiming my time, we, in discussing up, take out of the private market- that the concept of multiple use stays H926 CONGRESSIONAL RECORD — HOUSE March 3, 1999 in place. We have to be careful because, move in, these trees die, they become b 1415 what else happens, is when the govern- brittle, they become dry. It really sets Mr. MCINNIS. If I might, the gen- ment buys land, they drive up the price up the West for some of these devastat- tleman is correct. And let me make it for everybody else. ing forest fires that get worse and very clear. There are some areas, and It is very hard today to find one’s worse year after year after year. my colleague and I have talked about children or my children desire to go But there is one interesting thing this, there are some areas where tim- out and be a farmer, especially in our about these forest fires. Sometimes bering is not appropriate. There are areas where the government has driven they tend to stop along straight lines. some areas, regrettably, where in our up the price of land because they are I have flown over some of the old history some people have abused the out acquiring the land. We have to en- burned areas, and I have never seen timber rights. They have gone out and courage good and prudent management anything like it before. It is really re- clearcut areas where they should never of the land, whether it is in the govern- markable. have clearcut. And part of that, by the ment hands or whether it is in private These forest fires will burn, and they way, was the irresponsibility of the hands. will stop along pretty much a straight Federal Government’s supervising that But I am not sure the answer is al- line in some cases. The difference be- type of thing. ways to take it out of private hands tween the side that burned to the But what has happened is they have and put it into government hands and ground and the side that is still green taken that section of misbehavior and one is going to end up with better man- and standing and flourishing and pro- said, and there are actual groups out agement. Sometimes that might be the viding habitat for wildlife is that the there that have said, we never want an- answer, but not always. government owns the land that was not other piece of timber taken off Federal The American people need to be well managed and not well taken care lands. We have the national Sierra aware of how many thousands of acres of. Private owners are managing the Club, whose number one goal of their every day across this country, through land that is still green today, still pro- president is to take down the dam at one government agency or another, at viding critical habitat for wildlife and Lake Powell, drain Lake Powell, which one level, local, clear up to national, go so on. is one of the most critical resources in from private hands into public hands. The bottom line is the Federal Gov- the western United States. Mr. SCHAFFER. Absolutely. Mr. ernment owns far more land than it is What I am trying to say here is that, Speaker, reclaiming my time, the best able to effectively take care of, and just as we have an obligation as citi- stewards of the land, the best environ- that is irresponsible. That is an zens of this country to build a missile mentalists are the farmers, the ranch- antienvironmental record that our defense system for the next generation ers, the private landowners who have a Federal Government is moving itself and just as we have a like obligation to future at stake in the ownership of into by acquiring more land than we provide a good solid education system that land. This is what they want to have the capacity to care for. for the next generation and just as we hand down to their children. I would also make one other observa- have a similar obligation to provide a Mr. MCINNIS. Mr. Speaker, it is a tion. Since the fall of communism and retirement system for the next genera- heritage, like the gentleman said. the old Soviet Union, many of the re- tion, we also have an obligation for Mr. SCHAFFER. Mr. Speaker, it ab- publics have had a difficult time mak- this next generation to enhance the en- solutely is. For us in Colorado, this is ing the full transition to free market vironment that we are in. But the an- what defines our State. This is part of capitalism and ensuring democracies in swer for the enhancement of the envi- our culture in the western States. We their new countries. ronment is not necessarily, and in have some of the most beautiful vistas One of the key provisions that comes most cases not at all, to take away the and greatest natural resources, some back to us over and over again in ob- right and the dream of private property private, some public, but in all cases, servations is that what these countries ownership. these are resources that, when man- need to do to make the last step to- Now, I should add, and some night we aged well, the extraction of minerals or ward free market capitalism is guaran- should just come and discuss that, how the sound timber management actually tee private property ownership. These when the government decides they do improves the environmental quality, are countries that understand they not have the money to go in there, particularly with respect to timber. need to move toward private property what they will do is go in and regulate. Let me talk about that for a mo- ownership, not away from it. That way they never have to buy the ment, because the timber industry in We here in the United States, enjoy- land. They just go in on private prop- the west, after, not only the poor poli- ing the greatest economy on the planet erty and regulate it so no one can cies that are put forward by the Forest right now, are moving with great speed move. Service these days, but also the in the exact opposite direction, having In the State of Colorado we had, I misapplication of the Endangered Spe- taxpayers wealth confiscated from the think it was the jumping mouse. cies Act, there are very, very few mills American people, sitting here in Wash- Mr. SCHAFFER. The Preble’s Mead- left in States like ours. ington, D.C. so the Clinton administra- ow Jumping Mouse. But what we are discovering is that tion and others who agree with him Mr. MCINNIS. The jumping mouse, active forest management, from a sci- can then go back and purchase at and on the eastern range, which had entific perspective, actually improves above-market prices land that should never been seen, never been spotted, et overall forest health. What we are see- remain in private property ownership, cetera, et cetera, et cetera, and they ing out in the West today are devastat- putting it into the hands of the govern- were going to regulate that as an over- ing forest fires that burn far more in- ment which, as I mentioned, is incapa- riding land issue. tensely than ever before. We are seeing ble of doing an effective job of taking My bottom line is, we owe it to the the pine beetle infestation in western care of it. next generation to protect our environ- States, which is an infestation at esca- So it is quite a problem. It is one ment, but we owe it to this next gen- lated levels primarily as a result of the that, when we hear the term the ‘‘war eration to do it in a common-sense way poor condition of government-owned on the west,’’ the gentleman and I un- that also preserves, as my colleague forests in western States. derstand that term very well. But for has very accurately defined, the fun- When these trees begin to grow too others who have heard the term may damental philosophy of this country, closely together, they start competing not understand what that means. It es- and that is, as a citizen of this country for nutrients, for water. They prevent sentially means the Federal Govern- we all dream someday of owning our the snowpack from getting to the sur- ment coming into a great State like own house or owning our own piece of face of the forest floor, and it ours, not only purchasing the property the pie. And if we take care of that pie, respirates much quicker than would be rights, but the mineral rights that go we can all have at that opportunity. Do natural. with it, and affecting directly the not let Washington, D.C., dictate and As a result, these trees begin to un- water rights, water being the most pre- do not let Washington, D.C., try to con- dergo a certain amount of stress. Once cious natural resource that our econ- vince the American people that they they become stressed, these beetles omy depends on. know what is best. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H927 Mr. SCHAFFER. Sustaining our her- ised under the new farm policy a couple ment-imposed fixed costs of doing busi- itage and preserving our legacy is real- of years ago, which happened before ness, the inheritance tax certainly ly a matter of keeping this land in pri- the gentleman and I arrived here, but being one of them. Capital gains tax re- vate ownership. Many of the old farm- it was clear one of the things we said lief is something else that could make ers and ranchers who are reaching re- we would do is regulatory reform. That the difference between farmers declar- tirement age now and planning their has not happened. There are still enor- ing bankruptcy and selling out versus estates realize they are going to have mous costs associated with production remaining in production agriculture to deal with the inheritance tax. agriculture. and hopefully passing these productive Mr. MCINNIS. The death tax. And, again, as the gentleman, my agricultural assets on to their children. Mr. SCHAFFER. This is another as- friend from Colorado (Mr. SCHAFFER), The important thing to remember pect that we are trying to address and also noted, there is the tax burden. when we talk about eliminating the in- trying to eventually get to the point of Today, when someone dies, we basi- heritance tax, or the death tax, we eliminating the death tax overall. And cally have to deal not only with the hear many of our critics on the Demo- I think that the Congress ought to view undertaker but with the IRS. And that cratic side of the aisle who will claim death tax elimination in environ- is a real liability in terms of trying to this is a tax cut for the rich. We have mental terms as well. Keeping these provide a framework for passing on the all heard that. And many farmers and properties in the hands of the families family farm, the family ranch, the ranchers, when calculating the present that have worked this land for many, family business to the next generation value of their land and equipment and many years is something that we want of Americans. The tax burden contin- so on, it sounds like an awful lot of to see more of, rather than moving to- ues to strangle folks who are in the money. But that wealth is all tied up ward more government ownership. business of production agriculture. in the land. It cannot be extracted eas- I know this is an issue in our State of So I think this is something that ily at all. Colorado. It is also an important issue needs to be addressed. I hope we will do And what we are talking about is the in the State of South Dakota, and I see it in this Congress as part of our agen- children, the heirs of the present farm the gentleman from South Dakota has da, as we address the needs that are out land owners, having to fork over up- joined us for the remaining couple of there and talking about, for the first wards of 50 percent of the value of that minutes that we have left. The inherit- time in a generation, the politics of asset over to the Federal Government ance tax is a big issue for his constitu- surplus, a surplus that has come about when it changes hands between the ents, and we will finish this special as a result of decisions that we made a parents to the children. Fifty percent order up with just a brief discussion on couple of years ago in the balanced of the value of an asset value of a farm inheritance taxes. budget agreement. We were able at means that that farm goes on the auc- Mr. THUNE. Well, Mr. Speaker, I that time to bring some tax relief, but tion block, that it is sold. It is over. It thank both my friends and colleagues we need to bring additional tax relief is out of business. And that is why the from the great State of Colorado for after we have addressed Social Secu- inheritance tax relief that we are try- taking this issue up. This is an issue rity and coupled that with paying down ing to push forward is so critical for which is important, obviously, to any- the national debt, which is an impor- agriculture today. body who makes their living off the tant priority for myself and a lot of Mr. THUNE. It is. And what people land. Members I think on our side of the do not realize is that agriculture is a And one of the things I find is one of aisle, and hopefully a lot of Members in very capital-intensive business. It is the biggest insults to people who actu- the whole Congress, but also to look at not uncommon for a small independent ally are in the actual day-to-day busi- ways that we can continually stream- producer to have a lot of investment in ness of farming and ranching and in- line regulations and lessen the tax bur- equipment in order to try and do all volved in natural resource industries is den on America’s working families. the things they have to do to raise a to suggest that they are not concerned I cannot think of any working family crop and then be able to market it. about conservation. When the gen- today that is having a tougher time So the gentleman is exactly right in tleman was discussing the environ- making a living and making ends meet that people, when they talk about this mental burdens and the regulations than people who are in the day-to-day being something that favors people in that the government imposes on people business of agriculture. the higher income categories, I can tell who are trying to make a living at Mr. SCHAFFER. The farm economy my colleague one thing, the farmers that, I could not help but think of a lot is really going to be strained this year. and ranchers I know and visit with in of the small independent farmers and The administration’s failure to aggres- South Dakota are not people I consider ranchers in my State of South Dakota sively and assertively open up foreign to be cutting the fat hog. In fact, right and the cost that is associated with export markets is really leaving Amer- now, they are having a very, very dif- those burdens. We talk right now about ican producers high and dry in many ficult time. prices being in the tank, which they cases. And if we want to keep them on the are, and it is very difficult for small Also, the debacle in Brazil, for exam- land, if we want to keep that small independent farmers and ranchers to ple, with the devaluing of the currency family farm, independent producer, the make a living today. And, obviously, and the role indirectly that our govern- thing that I think has helped establish that is something that we are going to ment played, is going to result in cheap and build the values in this country have to address as well. soybeans swamping the U.S. market. that we cherish, if we want to keep Frankly, one of the reasons we are Now, we have some soybean growers them on the land, we have to make it not doing so well is because we have out in our parts of the country, it is easier to transfer that farm or that failed in a couple of important things, going to be a bigger issue perhaps in ranch to the next generation of Ameri- and one is opening export markets. We the Midwest, but for agriculture in cans. And that is why I think, again, as made a commitment, when the last general these kinds of realities over we look at what we can do in terms of farm policy was put in place, that we the next months are going to, unfortu- trying to assist the agricultural econ- would aggressively open export mar- nately, result in a very troubled agri- omy today, rolling back the estate tax, kets. We have not done that. We do not cultural economy in America. And I the death tax, dealing with capital utilize the tools that are in place and, think we are going to feel the brunt of gains, as the gentleman noted, is im- furthermore, I think that this is a it around August, September, and Oc- portant as well, and also trying to fig- basic failure in our farm policy today. tober, in those months, and on into the ure out a way to make it less costly to And, as a result, we are seeing the de- year 2000. be in production agriculture. pressed prices because we do not have But at a time when we know that Because, again, there are enormous the demand that we need out there. competitiveness issues, that regulatory costs to these regulations. I hear ludi- But the second thing that is really issues are going continue to be hitting crous examples of this all the time. important, as the gentleman men- hard on American farmers and ranch- And probably the most recent one I tioned, is regulation and taxes. Again, ers we need to seize on that oppor- heard was a small business in South that was another thing that was prom- tunity to focus on the other govern- Dakota that wanted to sell, and they H928 CONGRESSIONAL RECORD — HOUSE March 3, 1999 were trying to get a buyer. And the This goes on to say, ‘‘We have a great your Chevy and put it on another buyer, before they could consummate military filled with terrific soldiers Chevy. That part is not going to last the sale, had to go through an environ- who are suffering from an inability to you very long and we are going to lose mental analysis. Well, they discovered train at every level with battle focus those numbers of pilots. in one of the buildings there was an air and frequency necessary to develop and It is said that we have more tasks for conditioner hanging out in the back, as sustain its full combat potential.’’ armed services than we do people. Now, there often is in our State of South Da- Mr. Speaker, we are maintaining we are asking our people in all services kota, because the summers get to be a only 23 percent of our enlisted. If my to do this 300 percent increase of de- little hot, but that air conditioner, as colleagues go out in any military divi- ployments. But we have one-half the air conditioners are prone to do, was sion today and ask our sailors or our force to do it with. That means that dripping a little bit of water. And the troops of any branch how many of the ones that are left have to go and do EPA said, well, I am sorry, we cannot them have been there within the last 8 twice the work than we had to do it be- have that. That is disrupting the vege- years, every hand will go up; about 90 fore. We cannot sustain that kind of tation. Ironically, their solution to percent of them. They have not seen downsizing and leave our troops unpre- that was to come up with a one foot by anything else but a de-escalation of pared. one foot square slab of concrete to military spending and/or support, If we look at Haiti, at Somalia and place down there. Not that that would which is denied. Aideed, Aristide is still there, it is still disrupt the vegetation. We only have, today, 14 of 23 up jets a disaster and we have spent billions of There are ludicrous, frivolous exam- at Navy Fighter Weapons School, dollars. The already low budget that ples of these regulations all the time. known as Top Gun. They do not have we have, all of those excursions come And I will not say for a minute that engines. There are 137 parts missing. out of that low budget which even there are not needs in terms of safety The 414th for the Air Force, the same drives us further. and health reasons why we have regu- problem. They do not have engines or f lations, but there are certainly a lot of parts to fly their aircraft back here in EDUCATION frivolous ones. And as they apply to ag- CONUS. We had 4 of 45 up jets at Oce- The SPEAKER pro tempore (Mr. riculture, we should look at what we ania. What does that all equate to? GUTKNECHT). Under the Speaker’s an- can do to make it less costly. Why they are down is because we are Mr. SCHAFFER. The American pub- nounced policy of January 6, 1999, the taking the parts to support Bosnia, to gentleman from North Carolina (Mr. lic is looking to Congress for somebody support our off-loads and our carriers here to listen and to resolve many of ETHERIDGE) is recognized for 60 min- and our air force out of Italy, to put utes as the designee of the minority these issues, and I am proud to be part those parts in those parts of the world. of the Republican conference that will leader. We are killing our training back home. Mr. ETHERIDGE. Mr. Speaker, I continue to push forward for a strong When we only have 23 percent of our economy, for maintaining and protect- want to take this opportunity to thank enlisted and 30 percent of our pilots in ing Social Security, providing a strong my Democratic colleagues for joining all services, that means our experience national defense, providing for a world- me here today to talk about one of the is gone. Captain O’Grady, who was shot class education system and, ulti- most vital issues that faces this Con- down, was not trained in air combat mately, trying to provide for some tax gress, I think, and certainly this coun- maneuvering. relief for the American people. try over the next several years, and f b 1430 that is education. So that you and others will not think THE STATE OF THE MILITARY That lack of training. When you only that I am just standing talking about have four up jets in a training squad- education, because I have found in this The SPEAKER pro tempore (Mr. ron back here in the United States, GUTKNECHT). Under a previous order of great deliberative body called the Peo- that means all your new pilots are get- ple’s House, we talk about a lot of the House, the gentleman from Califor- ting limited training so when they go nia (Mr. CUNNINGHAM) is recognized for issues, and we can talk endlessly on over, whether it is just handling an 5 minutes. issues if someone will provide us data. emergency or handling a combat situa- Mr. CUNNINGHAM. Mr. Speaker, I But prior to my being elected to the just a left a meeting with Secretary tion, they are not trained for it. We People’s House in 1996, I served 8 years, Cohen, Chief of Naval Operations, and lost about 50 airplanes this year, Mr. or two terms, as the elected State Su- General Shelton. I know people are Speaker. We are going to lose a great perintendent of Schools in my home talking about Social Security, they are number of aircraft and pilots over the State. I have made education a top pri- talking about education, they are talk- next 5 years, even if we invest in those ority, public education for our chil- ing about Medicare, but I want to read spare parts and so on today. dren, not only at the State level but I something to my colleagues, and I Now, the service chief will tell you, have done that also since I have been want to quote. we have just put money into the spare here in Congress. Quite often our military leaders have parts and it takes delay. But that Throughout my service as Super- been remiss in stating what the actual money they took and put into spare intendent and to this day as a Member needs are so that they do not get in parts came out of other military pro- of Congress, I have spent a great deal trouble, and I would like to read this to grams. The chiefs have told us we need of time in the classrooms of the schools my colleagues. This was taken from a $150 billion. That is $22 billion a year. of my State to observe firsthand the hearing in Las Vegas, Nevada. It said, The President’s new money is $4 bil- exciting educational innovations that ‘‘Displaying unusual candor, the com- lion. Last year when they say they are taking place in my home State. I manders of combat training centers for needed 150, the President said, ‘‘Well, would say that is true all across Amer- the Army, the Air Force, the Marines, I’ll give you a $1 billion offset,’’ which ica. As my colleagues join me this the Navy and Coast Guard described means it has to come out of other mili- afternoon, I trust they will talk about poor training conditions, outdated tary programs, which is a zero gain, some of the exciting things that are equipment held together ‘by junkyard zero net for the military. happening in their State, also. Too parts’, and an underpaid, overworked We are in bad shape, we are losing many times, all we do is we talk about cadre of service workers who cannot our troops, the economy is high, but the problems, and it is important to ac- wait to get out and find a better job.’’ the number-one reason why our troops knowledge we have shortcomings and What is happening is our overseas de- are getting out, yes, pay raise is impor- that we work on those shortcomings to ployments are 300 percent above what tant. But the number-one reason is be- make them better, because young peo- they were at the height of Vietnam. We cause they are away from their fami- ple only have one chance to get a good are driving our military into the lies. They are going overseas, they are education in their first 12 years and so ground but not using the reinvestment deploying, they are coming back, then it is throughout the rest of their lives. into the parts, the manpower, or even they have to deploy here and they do But sometimes it is important to ac- the creature comforts for our military not have the equipment, the spare knowledge our successes as well as our folks. parts that they use or take a part off of shortcomings. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H929 Recently, I had the opportunity to students and, yes, for their staff and things that a lot of schools do not visit a school in Wake County, which for the parents: have. Every school should have this. happens to be the largest county in my ‘‘Motivational global studies will ac- But it gives them a chance to under- district and that also is the capital complish a narrowing of the achieve- stand what they are about. city county. The school I went in was ment gap between minority and non- ‘‘Integrated, project-based learning Conn Elementary and it is really now minority students.’’ This is true not will ensure active participation and in- called Conn Global Communications only in my State, it is not just true in depth understanding of global con- Magnet Elementary School. That is a Conn, it is true in every school in this cepts.’’ When we talk about education mouthful. But what it really means is country. How do we narrow that gap sometimes, many of us talk about edu- that these young people are wired between those students who are achiev- cation in the framework of our own through the Internet and through a ing at a high level and those who are background, of how schools were when special innovative program that the not and how do we make sure they all we were in school. If we have not been leadership in that county has put to- achieve at a much higher level because in the classroom in the last 10 years gether in a partnership with the Fed- we need all of them participating in and we go in and visit, we would recog- eral Government to do some creative this new economy of the 21st century. nize the school, we would recognize the and exciting things for these young ‘‘Cultural diversity will provide op- hallways, we might even recognize the people. They really are on the cutting portunities for children to recognize classroom, but I will guarantee you if edge of education reform in America. and appreciate the value of cultural you look at the curriculum and the The buzzword in Washington these differences in their own communities things that a lot of teachers are doing days is accountability. I would say to and beyond.’’ Let me tell you why that in these creative classrooms, it would you, as strongly as I possibly can, that statement is so important. We have the sure be different. an effective accountability or assess- most diverse population in our public ‘‘Integrated project-based learning ment mechanism is absolutely essen- schools today we have had in the his- will ensure active participation and in- tial to sustain educational achieve- tory of this republic. Yet there are depth understanding of global con- ment, and I will talk about that later those who want us to believe that we cepts.’’ I want to repeat that, because I on today as I talk because we have can educate the same way we have edu- think that is important as we move in done that in North Carolina on a state- cated historically. That is absolutely this world economy. We stand on this wide basis. not true. We have to recognize the cul- floor and we talk about the issues of But now let me continue to talk tural diversities and backgrounds from trade. We talk about the issues of about Conn Elementary, because they which our children come, accept those, money moving, et cetera. All this is in can teach us here in Washington a and then help them achieve at a high the perspective of the world that has great deal about this whole issue of ac- level. That may mean that they need changed in the last 10 years with global countability and what you do to excite more time on task in some areas than communication. and energize young people and make others and it may mean that they need ‘‘Lower student-teacher ratios will them really love school all over again smaller class sizes. This Congress is encourage more active involvement in and love this thing we call learning. going to be about that, and I will talk the learning process, more develop- Let me share with my colleagues and about that more in just a moment. mentally appropriate teaching, dif- read, if I may, Mr. Speaker, the mis- ‘‘Technological resources will enable ferentiation of instruction, and focused sion statement of Conn Elementary students to communicate with the applications to improve student per- School. Let me say that Conn is not an world around them.’’ Many times when formance.’’ The last bullet I read is so exception in my State of a school hav- we talk about technology, some of us important to this whole concept of ing a mission statement. Every school talk about technology as if it were just what we talk about when we talk about has one. a computer. That is not the whole view total education for every child, so that ‘‘Conn Global Communications Mag- of the issue. Computers are just one it is geared to that student, that that net Elementary School will prepare piece of a total mass communication student understands what is expected, students for successful citizenship in a world that we live in that children that teachers have class sizes small global society. The learning environ- must have access to in our public enough that they can deal with. In a ment created at Conn will provide an schools. If they do not have access to diverse population that we have when a educational experience that will em- that total view of technology, how in phasize heightened communications teacher has to go in the classroom and the world can we expect them to walk skills via reading, writing, mathe- have 30 students, it is a very, very dif- out of school one day and engage and matics, science technology, and the ficult task when the range is so great interface in a world that is changing so arts as a means of connecting and with those students. rapidly? We talk on this floor of the I have said many times, my wife and interfacing with the world.’’ I would read that again, but let me House about the changing world and I have three lovely children of whom just paraphrase it very quickly to say talk is awful cheap. It is easy to talk we care very deeply, and I love them they understand that education is about changing education and making dearly. But I would be less than honest broader than what some have said, it better. I have often said, money is if I did not say today, it would be very reading, writing and arithmetic. It has not the only issue but the last time I difficult if we had 30 of them and we gone long past the three Rs. There are checked, without a certain amount of were trying to instruct them around a lot of other things that need to be money very little happens. Even the house and to direct traffic. I think interfaced and integrated in a good, though here at the Federal level we that is true in most households. Too sound public education these days. only put in about 7 percent of the re- many times we ask our teachers to do ‘‘Conn will ensure success for all stu- sources that our public schools use, we the impossible task of doing what we dents.’’ Underlined ‘‘all students.’’ Not can have a tremendous impact if we could not do, what we would not do, just the bright students, not just the will encourage, provide leadership, help and yet we talk a lot, and I have often students that come from parents who and be a partner. Because we are a said when it comes to education, we all have money, not just from parents who partner. We are not the senior partner have lots of answers and very few solu- have the time to interface and work but we are a major partner and we tions. In the political arena, we need to with the schools, but all students. ought to be a partner that is about become better partners. As those part- Now, let me share with you why they helping rather than throwing impedi- ners, we need to be sort of like the say that and how they get to that ments anywhere along the way. managing partner. We are willing to point, because I think it is important ‘‘Communication skills will be the help where we can and push where we to as we emphasize that this innova- key to meaningful connections between need to and be less critical of the chil- tive public school focuses on achieving students’ education and their under- dren and teachers who I think are for all their students and how they do standing of individuals, groups and working awful hard. it. countries.’’ Now, understand when I Let me close on Conn Elementary To achieve these goals, Conn has set use this, this is a special school that with one other point, and then I am out the following expectations for their has access to the Internet and other going to yield to one of my colleagues. H930 CONGRESSIONAL RECORD — HOUSE March 3, 1999 This vision is a prescription for excel- Last Saturday, I was at Burnet Ele- the bowling alleys before we could use lence for Conn Elementary and really mentary in Houston Independent them in our public schools. I hope we for education in Wake County. I think School District, not necessarily for an are not waiting for that long before the that would be somewhat true of all the education program, although there was computers are really utilized in our schools in my State of North Carolina. students there and their parents, but it public schools. Conn is a richly diverse, inner city was for a Fannie Mae home buyer semi- Teacher training and educational magnet school, and they really are lay- nar. So, using the public school facili- technology, there is so many things ing a foundation for lifelong learning ties also for home buying in an inner- that is part of this agenda, and I know and citizenship for these students. In a city school in Houston. we share the same goals. The Federal situation where in many cases we Recently, I was at R.P. Harris Ele- Government cannot dictate what goes would say those students could not do mentary and H.I.C. to read to the stu- on in our local schools, but we can it, they are measuring up and they are dents and talk about what I do. But help. We can provide a little extra help achieving at very high levels and they this Friday that school will be having for our school board members, our ad- are closing the gap between minority their Career Day that I will be there, ministrators, our teachers, our parents and nonminority students. They are and also we are hosting a job fair for and the State legislators who provide doing it because teachers care, stu- people in the community. most of the funding, and we can help to dents are focused, parents are engaged, Public education is working, and all make sure that we pave the way for the and they are also disaggregating data we need to do is go to our districts, to 20th century, 21st century, so our chil- for both minority and nonminority stu- go to those schools and see it happen- dren will be prepared to stand here on dents. ing. You see the success. I like to spend the floor of the House and want to get Let me tell you what I mean when I time in my schools because it re- their children and their grandchildren say disaggregating, because so many charges my batteries for the debates prepared for the next century. times we talk about averages, average we are having like today on Federal I thank the gentleman for asking for students. Very few of us are average. funding for education and things like this special order and allowing me to We are special in our own way. If you that, but it also provides a great role participate today. take that data and break it down in in- model for Members to go in and sit Mr. ETHERIDGE. I thank the gen- dividuals and individual groups, pretty down and read to their students and tleman from Texas, because he is abso- soon you will find out which student also to talk about the job we do. lutely correct, and the Families First really needs the help, where you need Mr. Speaker, we have quality edu- agenda at this time with the edu- to give more time for math, where you cation in every one of my public cational package in it is just a tremen- need to give more time for reading. schools in my district. And, again, I dous piece with the President’s initia- have lots of different school districts in tive for more teachers, for modernizing b 1445 Houston Harris County, a very urban our school facilities. All of us learn differently and at dif- district, predominantly minority chil- Every State has needs, and every ferent levels, and Conn Elementary is dren, both African American and His- State is doing some things to make a doing that to make sure that every panic, but there is quality education difference, and yet at the end of World child reaches their full potential. Mr. going on, and that is why I want to War II, when our men and women came Speaker, to meet the needs they are talk about the Democratic Families home from fighting the war that many making sure that some of these stu- First agenda that was just announced in history said would end all wars, dents have smaller class sizes, and they today by the President and the Demo- which it did not, they put their shoul- can only do it, my colleagues, because cratic Leader, the gentleman from Mis- der to the wheel, and they said: We are they have some additional money in a souri (Mr. GEPHARDT), and Senator going to build schools, and we will partnership with the Federal Govern- DASCHLE where we talk about school make sure that children have an oppor- ment, and the State is putting some modernization and providing Federal tunity. extra in it. That is why I say when you tax credit to States and school dis- We now have an obligation, and I say it does not take extra money we tricts to modernize and renovate 6,000 want to yield to my friend, the gen- are deceiving ourselves and misleading local public schools. The Houston Inde- tleman from Mississippi’s 4th district the public. It takes additional dollars. pendent School District, who recently (Mr. SHOWS), for some comments on Mr. Speaker, with that I yield to the passed a bond election, a scaled-back what is happening in his area as it re- gentleman from Texas (Mr. GREEN) who bond election, by the way, is providing lates to this whole education agenda really does understand how important the local funds. that we are working on. it is, how important education is to the Now, on the Federal level, we need to Mr. SHOWS. Mr. Speaker, what I future of this country. He is close to it. try and help because of the deteriorat- would like to say, too, as an educator Not only has he been a fighter here in ing situation of not just urban schools myself that has spent a long time ago, Congress, but every weekend when he like I represent, but rural schools, we appreciate the opportunity to speak goes home, his wife reminds him. smaller class sizes. Texas now has a on behalf of the gentleman from North Mr. GREEN of Texas. Mr. Speaker, I law since 1984 that is 20-to-1 for ele- Carolina’s bill. As an educator back in thank my colleague from North Caro- mentary schoolchildren from kinder- Mississippi back in the 1970s when we lina for yielding to me. garten through 4th grade, and that is had a tremendous problem of over- Mr. Speaker, I just wanted to share great. The President announced we crowding in schools then and some of in the gentleman from North Carolina would like to see 18-to-1. Of course, the facilities were not what they need- (Mr. ETHERIDGE’s) special order because that will not help my wife who teaches ed to be, and still today, as I went not only am I privileged to have a wife 30 and 32 children in high school alge- through the district during the cam- who teaches high school algebra, with- bra class, but we know that we need to paign and visited some schools that I out her I could not have made it put our resources into elementary thought have been outdated years ago, through college algebra, Mr. Speaker. schools. they are in terrible need. So she tutored me to make sure I can So the Families First agenda, the Mr. Speaker, it seems to me that a have my gentleman’s C, but every Democratic agenda, also builds on ad- lot of times we look at what we do to weekend when I go home, I try to spend ditional teacher training and recruit- create a good environment around a time in our public schools. ment. business place where we do build new Just recently, I was at Stevens Ele- My wife told me a story a few weeks buildings to increase business, and it mentary in the Aldine School District. ago, and I know the gentleman from increases learning, and the same thing Last Monday, I was actually at Aldine North Carolina (Mr. ETHERIDGE) can re- could be said for education. 9th Grade Center, Aldine High School late to this. She said: But, Mr. Speaker, I thank the gen- 9th Grade Center, because this week is You know how long it took us to get tleman for giving me the opportunity Texas Public School Week in Texas, overhead projectors out of the bowling to express my support for the efforts to and so to recognize the value of public alleys and into the public schools? It improve the education of America’s education. took us years. The technology was in children. In the past few months in March 3, 1999 CONGRESSIONAL RECORD — HOUSE H931 Mississippi, and especially in my dis- 42 children. What a challenge. We had started, and I think every teacher in trict, we have had several plants that them lined up in what we used to call America can identify with the state- employed thousands of hard-working the old cloakroom, as my colleagues ment he just made. Without dating people in my district shut down, and in know, where you would have students him, and I will not do that, but he was rural areas like mine in southern Mis- even out of my sight. It was then that talking about when he started teach- sissippi a plant closure can devastate I learned to realize that the quality of ing. an entire community and county. education is so much compromised The diversity of the student popu- The international marketplace is when you cannot look that child one lation in our schools have changed dra- here today. A new technology contin- on one in the eye and get their undue matically in recent years, and the ues to change the face of business and attention and the respect first because home life of so many of our students employment opportunities. American everything after that, not very much have changed because we have two-par- jobs continue to migrate across our can be accomplished without that. ent households, both are working, or borders. We cannot stand idly by and Mr. Speaker, I valued those first even if it is a single-parent household, let honest, hard-working Americans years in knowing that, however we in- and I thought his point as it relates to suffer because we are not preparing vest in education, we can help parents the children having someone to really them for this reality. We must work and communities work together to pro- identify with, to let that teacher or in together to do whatever it takes to vide better learning environments for that classroom be their friend today as make sure that our young people have our children through school moderniza- it was years ago when they had some the education and training to perform tion and construction. That is really time. good jobs at competitive wages. the key and, of course, more specifi- Let me ask this question because I One obvious way to accomplish this cally, smaller classrooms, as I alluded think it is important. As we reduce the is to build new schools that make the to from the problems of a large class- class sizes, as we have started to do most of modern technology available room. and we need to continue, and provide to our students. The Etheridge School Our commitment today to funding for the good learning environment Construction Act provides tax credits for more teachers will help the local where when one goes to school, if it is to help finance school construction school districts provide a smaller, the nicest place one goes to that day, bonds. This legislation would provide more enriching learning experience for that is what it ought to be. almost $30 million in school construc- our kids. It was almost impossible, as tion bonds from Mississippi alone, and many kids that I had that first year b 1500 we can use every bit of it, and we need and my wife has in high school English that help. For children in Mississippi’s class in Eldorado, our hometown now, Then certainly that is not only going 4th District this would mean the oppor- to really relate to the kids in an indi- to help the discipline problems we see tunity to move out of old and over- vidualized way. I believe that it is im- that we are spending money on, but crowded schools that are in need of re- possible to have a mentorship, if my more importantly, as the gentleman pair and to new schools with new tech- colleagues will, for kids. This is how just alluded to, discipline and achieve- nologies in their classrooms. It would they relate. They get involved with a ment go hand-in-hand. We will see mean having classes in actual class- teacher. If the teacher is allowed to get achievement go up dramatically. rooms and not in temporary trailers. to know them personally, and I believe Mr. PHELPS. The gentleman’s exper- I feel like this is a bipartisan bill and that that is a value beyond description, tise is much beyond mine in education, a cost-effective way to help our States it is hard to put a value on, because I and I value the gentleman’s opinion, so meet their educational needs, and we personally feel that some of our prob- he can relate to what I am saying. need to pass this bill quickly. It is for lems that we are experiencing through- But just as one who has had formal the future of not only Mississippi, but out the Nation with our kids rebelling experience in a classroom, and coming for this great country. in one way or another in the most vi- from a family of educators, I have two Mr. ETHERIDGE. Mr. Speaker, now cious way is violence, that we see the brothers that are public school admin- to my friend from the 19th District of school shootings, the dropout situa- istrators, similar to the gentleman’s Illinois (Mr. PHELPS). He understands tion, the lack of attendance. The whole capacity in his home State before he how important quality education is, attitude is because many teachers do came here. So I learned from not only how important it is, how the assess- not get a chance to know those chil- them but my own experience. ment, what growth means and the need dren, know those kids and the prob- I can only tell the Members, the way for new school buildings. He has been a lems that they are having in their I relate to what we were talking about, hard worker since he has been in here home life. mentorship, is in fact a coach’s suc- in Congress. I had the occasion when In the small rural areas, such as El- cess. Let us take coaches, for example. our Chief State School Officer worked dorado, Illinois, a town of 4,000 people, It is not so much from one coach to the with his Chief, so I yield to the gen- my wife has made it a point to find out other, that they do not have the key tleman from Illinois. what is troubling the child when they plays, because they are pretty much Mr. PHELPS. Mr. Speaker, I thank seemingly are not caring what is going passed from one school or university to the gentleman for the opportunity to on, or missing school, or have a dif- another, but it is the way the coach participate in this discussion on a very ferent attitude from one day to the motivates his team or his or her team valued issue to all of us, education; next. She has found, to get to the heart to accomplish the end result to win. and, Mr. Speaker, today I rise to sup- of the matter, what is troubling that That motivation only occurs when port the Democratic initiatives to im- child. Smaller classrooms will afford us the coach takes that student aside and prove education for our children to do this, possibly even avoiding the says, hey, how are things going? Do through better schools and smaller most extreme expression of violence. you want to meet me out for a round of classrooms. I really believe that. So it goes to the golf? Let’s go fishing Saturday. Be- As a former teacher and a husband of heart of discipline. cause they can identify where some a teacher, I have always believed that I know we talk about quality of in- child may have a lack of attention, and the single most important challenge we struction in the classroom, but smaller just take that buddy under their wing. face as parents and as the citizens of classrooms can be one of the major I have seen myself, in my short ten- this Nation is the education of our tools of discipline because most kids ure, in talking to coaches and teachers children. I have seen as a teacher and are really saying: Give me your atten- that have had that individualized part- later as a State legislator the problems tion. And many times their mis- nership, friendship, that has made the our schools face and the limitations as behavior is out of getting attention. difference to kids excelling who may States and local school districts strug- Mr. ETHERIDGE. If the gentleman not have had the support at home to gle to overcome them on a daily basis. will yield for a moment, because I begin with, to try to overcome that, or As a teacher, my first year I taught think he is on to something. Let me reinforce what is there. school in Harrisburg, Illinois, Unit 3 raise a question with him because he Another matter that really, as a District. I walked into a classroom of talks of the 42 students he had when he State legislator, I bring here, and I H932 CONGRESSIONAL RECORD — HOUSE March 3, 1999 want to talk more on this later about They have documented their perform- that one out. Our priorities are mis- school infrastructure and our needs ance in a systematic way. That has en- directed. there, but it has always astounded me abled them to show what they are Mr. Speaker, I yield to my colleague, and I am still bewildered why we as a doing. the gentlewoman from Connecticut society are so willing to fund the build- Let me say that it is happening in a (Ms. DELAURO), who is a champion if ing of prisons, and yet not only hesi- school and in a county that is seeing ever there was one, for education, to tant but stubborn to fund building some of the most rapid growth in stu- share with us some thoughts she has on schools. dent enrollment population in the Na- this subject. I guess we react to it; we all want to tion. As a matter of fact, North Caro- Ms. DELAURO. Mr. Speaker, I thank reduce crime, and get to the heart and lina is the fifth fastest growing State the gentleman, and I want to commend the source of crime. We do not want to in the Nation over the next 10 years, as my colleague for the leadership role he have fear in our neighborhoods. I think documented by the U.S. Department of has taken on the issue of education. It that is why in my area we have risen to Education, for student enrollment in is not just this evening, but it has been the occasion to fund prisons, but at the high school. Wake County alone has since he arrived in the Congress, he has expense of schools, in many regards, in added over 30,000 students in the past 14 made this a principal part of what his Illinois, I can attest to that. years, and gained anywhere from 3,500 efforts are here. I congratulate him for To me, if we invest in education, or to 4,500 students every year, this is the that. usually an investment of any nature in size, and larger than some school sys- I am delighted to join with the gen- the private sector or in our own lives tems. tleman. Just on the point he was men- or homes, we expect to benefit, to reap When we start talking about building tioning, I think it is interesting to benefits. When we invest in education, buildings, they have an ongoing project note that the gentleman is so right, I think the benefits from the govern- that they have not gotten out of. They this is not about the Federal Govern- mental standpoint of expenses to tax- are bursting at the seams. They cannot ment getting into the school construc- payers will be less for crime, for pris- get enough space. We can imagine what tion businesses, nor about just bricks ons, less for welfare, and unemploy- that does to each individual school. and mortar and bells and whistles and ment will be reduced, to benefit pro- Since 1990 alone, Wake County has newfangled buildings and all of this. I will just tell Members about my ductive society members. seen 29.9 percent growth in student part of the country. I am from the That is what the value of education population, but every county that Northeast, from Connecticut. We did a is. I hope to be part of this 106th Con- touches Wake County in my district school survey. We found that in my gress, and in solving these problems. has grown over 20 percent in the last 8 community the age of the school build- Mr. ETHERIDGE. Mr. Speaker, I years. That is why Congress I think ings is rather staggering. The average thank the gentleman from Illinois. He needs to step up this year and follow age of the elementary school buildings has well stated the foundation that I through on the proposal the President is 50 years old. More than half of the el- think that we all can agree with as it has talked about for providing school ementary schools regularly hold class- relates to improving the educational construction for our students. es in areas not designed to be class- opportunities for all of our children in I have a bill that I will be introduc- rooms, including cafeterias, hallways, this country, to make sure that the ing later this week called the mobile or temporary rooms, and stor- 21st century will be bright for all stu- Etheridge School Construction Act. We age areas. The average class size is 23 dents, and ultimately, as he has indi- now have 55 sponsors, and I hope to students. So that I happen to live in cated, make sure that our social secu- have more before it goes in tomorrow. the part of this country where the in- rity system is sound, that everyone is It will provide for $7.2 billion in school frastructure, and whether that is the construction bonds for growing States productive and working and paying roads, the bridges, whatever it is, in- and localities that are hurting. into it, and will make a difference. cluding our schools, are old. Now, some of my colleagues will say, Let me touch on a couple of points, What does that mean in terms of the and then I want to turn to my good that is not the Federal government’s future? If we just take one small aspect friend, the gentlewoman from Con- responsibility. I would ask them, what of that, that is technology, we have necticut, for a couple of comments on did we decide when we did not have some buildings where the thickness of this educational piece. electricity and we did not have tele- the walls is so big and so dense that to I talked earlier about the Conn expe- phones? There was a time we did not wire these schools up so that we can rience. There are a couple of other have canals in this country, and we put really be connected with the Internet, points that I would like to make, espe- in a system in the Federal Government and put in the kind of computer and cially on a school that is in the inner to make sure we had water transpor- advanced technology that our young city, they are working hard, they have tation. Finally we got to the interstate people need today, is either prohibi- formed what they call CONNections, system, thank goodness for Eisen- tive, or there are some places where advisory committees, where each group hower, who pushed us into it. There are the computers are stored in boxes in has to work together to bring the par- a lot of things we have gotten into in rooms because they do not have the ents in; or if they happen to be in a fos- recent years that we were not in. ability to get them wired up. ter care home, whomever is responsible I will say to the Members, our sol- What are we talking about with for the child, they have a responsibility diers who came home from World War school construction? It is moderniza- to come and work with the individual II decided we needed to build some tion, it is providing the kinds of facili- assessment of those teachers, so that schools. They put their shoulders to ties that are going to lend themselves every child can get extra care and the wheel. It is now our responsibility for that future opportunity for our extra time on those core subjects. as we move towards the 21st century to young people. They are working to reduce class make sure that the baby boom echo I am going to use myself. I am old. sizes, where they are getting more indi- does not have to be taught in lean-tos My kids are computer literate. My vidualized attention and a feeling of and in shacks and in rundown build- grandkids will be computer literate. belonging on the part of each student. ings. We have little tots that know more My friend, the gentleman from Illinois, We need to build some school build- about computers than I probably will just talked about those advisory ings to make sure these children have ever know. I want to talk about a groups that are showing up as hard evi- a good place to go to school. They need classroom that I went to this past dence and data on results for children. to have as good an environment to be week. I think sometimes we tend to forget taught in as my colleague, the gen- But the fact of the matter is, what that. It is not in isolation. We have to tleman from Illinois, talked about that was a textbook to me, to my genera- do it altogether. Their assessment we are sending our prisoners to. When tion, and the importance of that, is measures are working. They are on we talk about sending children to what the computer is to our kids track on a year to year assessment school, and they ride by a $30 million today, so looking at modernizing our that has been going on long enough prison to go to a $4 million school, they schools so we can deal with this new now that this absolutely is working. are not very dumb. They can figure technology is critical. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H933 Now, that having been said, school That is why I am excited about this has been proposed by the Democrats is construction. What we are offering families first agenda that we have em- very, very important for our needs in here is not to build the schools, not to barked on, with education being at the southern Nevada. say where they are going to get built, center of it. I know the gentleman is Also, the fact that we want to mod- not to preempt any local control of going to continue to make this battle ernize our schools. What is the use of this effort. But what we will try to do in the next year and a half, and I look having a belief that we need to have as a proper role for the Federal Govern- forward to joining that battle with computers in every classroom and con- ment is to say to the locality, you have him. I thank the gentleman for letting nect everybody in the United States to to float bonds to be able to modernize me participate with him tonight. the Information Highway if we have or to build. Mr. ETHERIDGE. Mr. Speaker, I schools that are obsolete and do not What we want to do is to provide you thank the gentlewoman from Connecti- have the ability to bring in the tech- with a tax credit. Use the tax code to cut, because she has been on the fore- nology that is so important? This is es- help to pay the interest on those bonds. front of this issue. She understands as pecially true for a community like Therefore, you can float the bonds, you much as anyone in this Congress that southern Nevada where we have some can get some financial resources to pay education, public education for our schools that are a little bit older. the interest, thereby cutting down the children, is the one thing that levels In order to accommodate the tech- costs to local communities and tax- the playing field for all people. It nology which is going to take us into payers and what they have to pay in makes no difference what their eco- the 21st century and that our children terms of modernizing or building those nomic or ethnic background is, when absolutely must be trained to be edu- classrooms. they get an educational opportunity, it cated on, that is a very, very impor- It is good for the community, it is is very difficult to ever close that door tant issue for us. good for the tax relief and local prop- again. I thank the gentlewoman for her Mr. Speaker, another important issue erty taxes, and we get to where we time. is the hiring of new teachers. Next want to be in modernizing facilities for Now let me turn to my friend, a new school session, when our schools open advancement for our young people. It Member of Congress, and yield to the up next September, we are going to be makes perfect sense. It makes sense to gentlewoman from Nevada (Ms. BERK- 700 teachers short of the amount that use the tax code in a way that facili- LEY), from the First District, who has we will need in order to teach the num- tates the direction we want to go in in taken on this issue of education again, ber of students that we have in south- trying to meet a goal and a value, be- because she fought for it in her home ern Nevada. So the President’s initia- cause education is about values and State before she came here. tive to hire an additional 100,000 teach- who we are as a country. Secondly, it Ms. BERKLEY. Yes. I thank the gen- ers, that is very important for southern is to provide the kinds of tax relief to tleman, Mr. Speaker, for giving me the Nevada and I suspect for many school struggling local communities in this opportunity to speak with him about districts across the United States. effort. an issue that I have a great passion for. The two perhaps most important So this is one of the most logical I believe that the Democratic agenda, issues in my mind are the after-school pieces of legislation that has come which puts families first, is absolutely programs and the summer school pro- along, with the perfect match between pivotal to the success of my district. I grams. For a large number of my local control and Federal government would like to tell the Members a little school population, they are going home partnership in an effort. No one is sug- bit about the district that I represent, to empty houses. They are latchkey gesting that the Federal Government because in order to understand how im- kids, because their parents are work- get into the business of constructing portant educational issues are to the ing, and we have a working class envi- schools. people of southern Nevada, Members I just want to make one more point ronment in southern Nevada. So these need to know a little bit about the dis- kids are coming home to empty homes on computers and teacher training, trict that I represent. which we allow for in this families first with nobody to help them, nobody to I have the fastest growing district in take care of them. agenda and our budget. I did go into a the United States. We have the fastest If we can provide after-school pro- classroom, and I watched a first-rate growing school-age population in the grams for these kids, it actually satis- teacher who takes every opportunity United States. fies two needs that we have in southern that she can to avail herself of infor- b mation and learning herself to be 1515 Nevada. One is that it gives them a skilled, and then transmitting these There are 5,000 new residents that wholesome place to come after school, kinds of skills to young people today. come to Las Vegas, Nevada, every sin- but the second thing is it gives them As I said, we can provide and we can gle month, and there is no end in sight an opportunity to get additional men- get involved in getting all of the hard- to the growth. We have to build a toring so that they can learn the mate- ware into these schools, and if we do school a month in order to accommo- rial that they have to learn in order to not have competent and qualified date the growth, in order to make sure pass to the next grade. teachers who can teach our youngsters that our students have a place to go to Mr. Speaker, we are opposed to social about how to use the machinery, then school. So the issues that we are dis- promotion, but if we are opposed to so- they are just going to stay in the boxes cussing in our education agenda are ab- cial promotion we are going to have to and it is not going to amount to a hill solutely pivotal to the success of our do something to help these kids so that of beans. It really will not. schoolchildren in southern Nevada. they can, in fact, be promoted with the So that the training, that we have There are certain areas that are of rest of their class. That is why summer competent and qualified teachers to particular importance, and I would like school programs are so important as train in this area, is critical to where to highlight those. The fact that I do well. we want to go. In addition to which, it have the fastest growing school age Mr. ETHERIDGE. Mr. Speaker, if the says to parents and says to local tax- district in the United States and one of gentlewoman would yield at this point payers, we want to make sure we are the largest school districts in the for a moment, let me ask a question. It keeping our kids up to date, that the United States, with 210,000 students sounds like Nevada is doing some cre- standards rise, that there is account- going to school in Las Vegas, Nevada, ative things, and North Carolina has ability on behalf of the schools and the that means that school construction is done some of these same things. I as- children and the teachers, so that we absolutely necessary in order for us to sume that they are doing after-school make sure that our children are com- make sure that our kids have a place tutoring in some areas right now for petent and qualified for those opportu- that they can go to school. those students who need extra help to nities of a new century that we do not We need to get them out of the stay up with the other students, and know what of, it is going to have so portables, get them out of the trailers probably some early morning tutors, many promises and opportunities for and get them into a classroom environ- too. young people. We would be foolish to ment where they can thrive. So the Ms. BERKLEY. We are doing some, squander these opportunities. school construction component that but not half enough. And if we could H934 CONGRESSIONAL RECORD — HOUSE March 3, 1999 get some help from the Federal Gov- If we think about it, when most of us We have to work our system together ernment in order to do that, that would were growing up, our world was much so we have some parity across the be absolutely wonderful. smaller in the sense that we thought country. Another important thing is, of about the competition being maybe the Mr. Speaker, I yield now to the gen- course, the summer school programs. community next door, the county next tleman from North Carolina (Mr. MCIN- Because the very students that need door, or maybe even the State next TYRE), my colleague from the Seventh the summer school programs are often door. For our young people today, that District, to share with us some of his those who can ill afford them, and if is not so. It is the whole world. thoughts on education. they have to pay for the summer We talk about the world having Mr. MCINTYRE. Mr. Speaker, we school program then those students shrunk. It has only shrunk in that time know that education is the key to the who actually need it might not have has shrunk. Because if something hap- future of this country. And when I the opportunity. pens today on the far side of the world, think about the words of Robert H. Those are the issues that I find very, within seconds it is front page news in Jackson, the Supreme Court Associate very important and compelling; and Washington, D.C., or hometown, U.S.A. Justice, who once said that, ‘‘Edu- those are the reasons that I came to This means that for our children and cation should be a lifelong process, the Congress, in order to make sure that for us as adults, we have to learn to formal period serving as a foundation the people of southern Nevada are pro- deal with issues differently. That puts on which life’s structure may rest and tected. an extra burden on our public schools rise.’’ Mr. Speaker, if I may have one more and on our teachers. We realize when we talk about this minute, the education that I received When we were talking earlier about foundation and the structure of life we in southern Nevada was wonderful. It the teachers and having training to have to ask ourselves what kind of was wonderful for the life that I am deal with computers, it really means message are we sending to our chil- leading today. It will be obsolete for that the teacher has to be able to inte- dren? What are they learning now that the life that my children are leading. grate their teaching techniques on that will make them the leaders of tomor- It is important for us as the leaders computer. Otherwise, the computer is a row? Mr. Speaker, I think there are three of this country to make sure that the tool that will not be used. students that are going through school Ms. BERKLEY. Interestingly enough, important ingredients that we here in now will have the tools and the oppor- I go home every weekend. Last week- the Congress and we here in the Nation should consider, that it does take the tunities that they need in order to suc- end I was home, and I had an oppor- people, the purpose, and the partner- ceed in the 21st century. We have a tunity to read. It was Reading Readi- ship in working together. golden opportunity in this country to ness Week, and, of course, in Las Vegas First of all, the people. We realize make a difference, make a difference in we are working very hard to read to that it is not just up to the educators the lives of millions of children that our children and give parents an oppor- alone. They need our help and support. are crying out for help, crying out for tunity to read to our children as well. But it is also up to the people of the I was one of those people who went quality education, crying out for a community and the people in govern- good life. into the classroom to read to a group ment, the people in business, the peo- I, for one, am going to join with the of kindergarten students, and I can say ple in all sectors of society who will gentleman from North Carolina to do that not only were the kindergarten come together and provide that posi- everything I can to make sure that students absolutely superb to read to, tive example of commitment. People these students are taken care of so but I was particularly impressed with who are willing to go and help the that they can take our places in the their teachers and the amount of train- teacher, call up a teacher and say, I 21st century and lead this country to a ing necessary in order to be able to want to know how I can come help. new horizon and new beginning and pass on the skills that these children And when we decry the lack of role greater heights. are going to need. models for our children today and we Mr. ETHERIDGE. Mr. Speaker, I So, Mr. Speaker, I am very, very ex- wonder what are they seeing? Are they thank the gentlewoman from Nevada. cited. When I look at those kinder- just seeing the athletic heroes and the She understates her hard work, be- gartners, when I look at my own chil- movie stars? But where are the future cause she has worked hard since she dren, I can only imagine what a mag- businesspeople and the future nurses has been here. She had a record of sup- nificent life they have ahead of them. and doctors and the future teachers, port for education before she came, it But before they can have any life at the future people that will be working preceded her, and she is doing an excel- all, we need to make sure that they in the communities? lent job. have the tools to prepare them to lead Mr. Speaker, they are out there in Mr. Speaker, I think the point that the life that they are going to be lead- the communities now, and our children the gentlewoman made, that education ing in the 21st century. are looking at us, and they are wonder- is no longer a K–12 or K–16 through four And as the gentleman has so cor- ing, are we going to provide some kind years of college or master’s or doctor- rectly demonstrated in his comments, of example for them? Are we volunteer- ate. It is a lifelong process. All we need that technology component is so vital. ing our time to go into the schools and to do now is talk about the new tech- In order to not only succeed in the 21st help? nologies and recognize those of us that century, but merely to survive in the I know the last 18 years that I have are rusty with computers have to get 21st century, they are going to need to been spending as a volunteer in the up to speed on those computers because have those skills. And if we do not give school, I continue to do so even now in most of our children are ahead of us. them to our students while they are in Congress when I am home during a re- The gentlewoman from Connecticut school now, I am afraid they are going cess, to spend time with kids, to volun- (Ms. DELAURO) just talked about it, but to be terribly disadvantaged and un- teer personal time, to show support for the truth is that is the way of life for able to compete in the global world our teachers and, most of all, support all of us now, and we have to do a bet- that we now live in. for our children. ter job. Mr. ETHERIDGE. Mr. Speaker, I With the people working together, we Ms. BERKLEY. Mr. Speaker, with thank the gentlewoman for her com- can share a common purpose, a purpose the help of the gentleman from North ments, and she is correct. Education is that instills and inspires in our chil- Carolina, and hopefully with the help the key to opportunity in the future. dren the idea that they can become of those across the aisle, we can work We have worked at it in North Caro- what they dream they might become together in a bipartisan way to make lina, and she has worked in Nevada, one day because they see in us an ex- sure that all of these children in our and all of us have to work at it in this ample of coming to them. Why would great country have the same opportu- country because of the mobility of our that person come and spend time in our nities that the gentleman and I had population. schools? He is too busy. He is a doctor. when we were growing up. For a child in North Carolina today, Or why would that businessperson take Mr. ETHERIDGE. The point the gen- they may be going to school in Nevada time to come talk to us about market- tlewoman makes is absolutely correct. next week or California or New York. ing? March 3, 1999 CONGRESSIONAL RECORD — HOUSE H935 Mr. Speaker, when we take time to Finally, as we talk about the staff SURPLUS SHOULD GO TO SOCIAL invest ourselves, we set an example shortage we are going to be facing, we SECURITY that pays more than money could buy. are going to be facing some, we have to The SPEAKER pro tempore. Under Third, we put together with that a recognize if we are going to keep some the Speaker’s announced policy of Jan- partnership. We here in Congress are of these people longer than the years uary 6, 1999, the gentleman from Okla- looking at issues affecting school con- after their retirement, we have to homa (Mr. COBURN) is recognized for 60 struction. We are looking at issues af- make sure that we change our retire- minutes. fecting the reduction of class size. We ment policies for them and make sure Mr. COBURN. Mr. Speaker, I found are looking at issues that will affect that their employment opportunities the previous hour very enlightening. private business being able to donate are where they ought to be, and they Many of the things that I heard I abso- computers and being able to get tax de- get the ample training to make sure lutely agree with. ductions for doing that, much like they that they can deal with our young peo- But the subject I came to talk about can for other charities and other orga- ple. today is something that oftentimes is nizations now. Mr. Speaker, I yield to the gentleman overlooked by the American public, So the question is, will we be willing from North Carolina for a comment. and that is the fact that one hears in to work together in that partnership? I the press and one hears on this floor all the time that we have a surplus, that know it is a challenge for us here in b 1530 Congress, but it is a challenge that we there is a surplus of money in the Fed- are well up to and that we can do on Mr. MCINTYRE. Mr. Speaker, I just eral Government today. I am here to both sides of the aisle. wanted to say two other things briefly. tell my colleagues that that is not Mr. Speaker, I know that Robin We in the Congress can also support true. There is not a surplus in the Fed- Cooke once wrote that, ‘‘Education is our local school districts where we eral Government today. In fact, the more than a luxury, it is a responsibil- have military bases. As a member of monies that are shown in surplus actu- ity that society owes itself.’’ Education the Committee on Armed Services, I ally belong to the Social Security sys- is something we cannot just leave up to hope that we will challenge ourselves tem, the retirement system. one group or one organization and ex- to support impact aid for direct appro- What I have before me is a graph that pect them to handle it for us. It is an priations to school districts with mili- shows my colleagues actually what is investment that has to come from the tary children. happening right now and what is pro- heart and from the hands and from the Secondly, I hope all of my colleagues jected to happen with Social Security heads of all of us putting ourselves into will do something that we did, and that monies. This chart, my colleagues will the educational process to work to- is host an education summit in your see, is from the Social Security Trust- gether to strengthen the foundation of district. I have held two over the last 2 ee’s report, and it was issued this last the future of this society. years. We even had the U.S. Secretary year. Mr. ETHERIDGE. Mr. Speaker, I of Education come down. Listen to the If my colleagues will notice, what thank the gentleman from North Caro- parents and the children themselves they see is somewhere around $70 bil- lina for his comments, and certainly talk about their needs, and that way lion to $75 billion per year actual more education is that critical linchpin that we will know that what we are doing is money coming in to the Social Secu- fuels our economy, gives us oppor- making a difference back home. rity system than we are paying out. That is, everybody that is working in tunity, and the reason we are the kind Mr. ETHERIDGE. Mr. Speaker, let this country is paying a FICA tax, and of society we are to reach out and help me close by saying thank you for this everybody that they work for is paying the people around the world. opportunity to share with you, with a portion of that FICA tax that comes Any of us that travel any places our colleagues and with the American to the Federal Government. This last know how people admire Americans, people hopefully an issue that is so year, it was about $480 billion that ev- and part of it is because we have a sys- critical to the future of this country, eryone who worked in this country tem that says everyone who shows up educating our young people, providing will have an equal opportunity. paid in. a rich opportunity for each one of When you look at this graph, what Today we have talked about a num- them, making sure that we have teach- actually happened is we paid out some- ber of issues of the Family First agen- ers in front of those classrooms who what less than that to the seniors who da of education, and one of them being are well trained, who are well equipped, are presently on Social Security. What the linchpin of school construction. and they have an environment in which we have before us in Washington today Too many times when people want to to teach effectively, and for children to is a shell game. talk about education, they fail to talk have a place to learn the way they How do we confuse people about what as our colleagues have today and have should learn in this place we call is going on with Social Security? When reminded us, that the teacher is the America for the 21st century. I talk to seniors in my district, as a heart of that issue and the students are matter of fact, when I talk to seniors why we are there. f anywhere, I have not found anybody But the truth is, if we ask teachers that wants that money spent for any- what is most important to them in REPORT ON RESOLUTION PROVID- thing except Social Security. having the opportunity to teach chil- We continue to play a shell game by dren, it is not always salary first. Rec- ING FOR CONSIDERATION OF H.R. 707, DISASTER MITIGATION not being truthful with the American ognizing that certainly they pay the public. What one will see is, when we same for food or shelter as we do, but AND COST REDUCTION ACT OF 1999 get to the year 2013, this surplus of they need a good environment to teach, money that is paid in versus the money and children should have a good place Mr. DREIER (during the Special that is paid out on Social Security to learn. Order of Mr. COBURN), from the Com- starts running a deficit. Also, they need the latest in tech- mittee on Rules submitted a privileged As we can see, with the baby nology, simply because the young peo- report (Rept. No. 106–41) on the resolu- boomers, of which I am one, by the ple that leave those classrooms are tion (H. Res. 91) providing for consider- year 2030, the Federal Government is going to be coming into the workforce. ation of the bill (H.R. 707) to amend the going to have to come up with some And if anyone wonders why business Robert T. Stafford Disaster Relief and $750 billion a year to fund the Social has stepped up and decided that edu- Emergency Assistance Act to authorize Security program. cation is the most important issue on a program for predisaster mitigation, All right. So we have a problem that their agenda besides making a profit, to streamline the administration of is coming to us. The first thing I was all we need to do is look at our public disaster relief, to control the Federal taught by my father as a young boy is schools. They are going to be employ- costs of disaster assistance, and for that a half truth is a whole lie. The ing these young people; and, secondly, other purposes, which was referred to half truth is that there is a surplus. they are also going to be their consum- the House Calendar and ordered to be Yeah, there is more money in Washing- ing public. printed. ton than what we are spending out. But H936 CONGRESSIONAL RECORD — HOUSE March 3, 1999 it does not belong to the Congress to money, or do you believe that there are pointing out here is something that spend any way it wants to. It belongs UFOs out there,’’ more people believe really the American public is way to the Social Security system. there are UFOs flying around than be- ahead of us on. Unfortunately, he is ex- What is going to happen if we con- lieve they will see their Social Secu- actly right in that this is beginning to tinue with this half truth-whole lie is rity money. That is a condemnation on show itself in the confidence that peo- that the children that are going to be Congress that we have let down the ple have in government. 30 years of age, that are going to be American people. Because I do not know if my col- born this next year, are going to have So what are our options? Save the leagues have seen the Roper poll, but a FICA tax rate of 28 percent instead of hundred percent of the Social Security there was a Roper poll. It has been 12 percent. surplus and transition it into some in- commissioned every single year, basi- That means that if we made $100,000, strument that earns more money, one. cally, for the last 30 years. In that poll, $28,000, not income tax but payroll tax, What we can do is repay the money back in 1963, they basically said to the will have to go just to keep even to taken by the fund by raising taxes, and American public, ‘‘Do you have con- fund the Social Security system in this that is exactly what I outlined, that we fidence that people in Washington, that country. are going to have a 28 percent effective your government, will make the right So before we can ever begin to hope FICA tax by the year 2015 to pay to decision?’’ And 73 percent of Americans to solve the Social Security problem, meet the obligations that we have com- said, ‘‘Yes, we believe that Washington, we have to be honest about what it mitted to under Social Security. our government, will make that right really is. What it really is is the sur- Or, finally, we can do all sorts of decision.’’ pluses that were seen last year and the things to Social Security. We can back That poll, when it was taken last surplus that we are going to see this up on our agreement to Social Secu- year, what people found was that 19 year is made up entirely of Social Se- rity. We can raise the age at which it percent of Americans thought that curity money. is available. Nobody wants that. Or we Washington would make the right deci- The next diagram shows you what ac- can lessen the benefits. sion. That is reflected in the UFO poll tually happens to Social Security Our seniors now can hardly get by on that the gentleman mentioned. money. Right now, the Federal Govern- the Social Security money that they I saw some other crazy questions ment uses excess Social Security to are receiving. So option three is not that were asked in a recent poll. One of pay for more spending or to pay off the any good. Option two, all it does is the questions was, ‘‘Which of the fol- debt. transfer our lack of physical control, lowing is more likely to happen: You Last year, we did retire some exter- our lack of ability to do what we were collect all the Social Security money nal debt. We borrowed Social Security sent up here to do, and sends it to our that you are entitled to, or a pro wres- money. We gave them a note that bears grandchildren. tler is elected President?’’ Believe it or As I talked to seniors, three things interest. We used that money to pay off not, more people thought that the pro come to their mind. They do not want people outside of our government, out- wrestler would be elected President. the Social Security money spent on Another one was, ‘‘If you had $1,000 side of our Nation, who have loaned us anything but Social Security. Number to bet on the Superbowl or $1,000 to pay money to run at a deficit. We are pay- two, they want the debt paid down. into the Social Security system, which ing that off. So we are putting in IOUs, Number three, they do not want to sad- one would give you a better return on credited to the Trust Fund. dle their grandchildren with the ex- your money?’’ Again, I think this is It is important to note that, last cesses of our inability to do what we horrible, but more people believed in year, we took $26 billion of the Social were sent up here to do. the Superbowl bet than the Social Se- Security Trust Fund and spent it on So let me draw you a comparison. curity bet. nonSocial Security programs, which Mr. SANFORD. Mr. Speaker, will the Mr. COBURN. Mr. Speaker, reclaim- stole $26 billion of the seniors’ Social gentleman yield? ing my time, let me interject some- Security money and spent it on other Mr. COBURN. I am happy to yield to thing, because the American public programs. the gentleman from South Carolina does not know this. The actual rate of That is why it is so interesting to (Mr. SANFORD). return, real dollar rate of return on hear that we have to spend all this ad- Mr. SANFORD. Mr. Speaker, before one’s money that one puts into Social ditional money on education where, in the gentleman goes on, I see this next Security over the last 30 years has been fact, if the Congress would live up to chart up on spending, but for one sec- less than 1 percent per year. It has its obligations that it made in 1973 on ond I would like to go back to that been six-tenths of 1 percent. Well, one IDEA that we would fund 40 percent of first chart that he was holding up on could loan the money to one’s the cost of the special ed in this coun- the surpluses or lack thereof them- grandkids at 2 percent and do three try, we would free up billions of dollars selves. Because what I think is inter- times better than what the Federal in local monies to be spent on edu- esting about that chart is that, while Government has done with one’s Social cation, and we would not have to have we may not get it in Washington, folks Security money. a Federal program to build schools, be- back home in Oklahoma or folks back Mr. SANFORD. Mr. Speaker, if the cause the schools would have the home in South Carolina or folks back gentleman will yield, what I think is money to build it, because we have not home across this country really under- interesting about that is that is not a kept up our end of the bargain. stand this chart; and that is, Washing- fault of the designers of Social Secu- So what is going to happen in 2013, ton says we are running a surplus. Yet, rity. In other words, back in 1935, when we are going to spend more money when I talk to folks back home, what they created this system, I mean no- than what comes in. We are going to they tell me is, if we went down the body could have anticipated that a have to either go borrow money, or we street and there was someone living on baby boom generation was coming our are going to raise taxes. It is real sim- our street that had to borrow against way. ple. Actually, we are going to do one of their pension fund reserves or retire- So I think that they did create a three things, and let me show my col- ment reserves to put gas in the car or great system. It did a lot of good for leagues what that is. food on the table or rent money down, my mother, for my grandmother. But So how do we solve the Social Secu- we would say that family was not run- the question now is, because of what rity program? How do we solve this ning a surplus. has been going on here, in other words, problem so that the money that goes In the business world, if we actually because of the way Washington has into Social Security is used for Social borrowed against our pension fund re- been borrowing against these Trust Security? How do we solve it so that serves to pay for the current oper- Fund balances, we have a real problem. the people who are working today can ations of the company, we would go to The question that the gentleman cor- have a retirement benefit that is sup- jail based on Federal law. rectly raises is, what are we going to posed to be guaranteed to them? Mr. COBURN. Mr. Speaker, that is do to protect those balances? As they poll young people under 35 right. Last year, when Washington bor- and they ask them, ‘‘Do you believe Mr. SANFORD. Mr. Speaker, what I rowed $101.3 billion from the Social Se- that you will get Social Security think the gentleman from Oklahoma is curity Trust Fund, they did it without March 3, 1999 CONGRESSIONAL RECORD — HOUSE H937 people making a lot of noise back What we see here is if we do not re- country and nobody says, yes, the Fed- home. A lot of people did not realize strain spending, then we are going to eral Government is efficient. Well, if it that, one, the money had been bor- continue to spend more and more and is not efficient, why do we not cut rowed, or those that did, it did not feel more of the Social Security money on spending within the Federal Govern- that real. It did not feel like it was out programs that are not related to Social ment to make it efficient so that we of their pocket. Security. will not spend Social Security money? But if that same money was housed Now, I happen to believe that this The education dollars that the gen- in individual accounts, and I do not year or early next year we will run tleman from North Carolina (Mr. mean laissez faire, good luck, hope- what is called a true surplus. That is, ETHERIDGE) wants to spend, and which you-make-it-when-you-retire kind of we will have more money coming into we need to invest in education, I do not accounts, but accounts with a lot of the government than we spend, exclud- think we will find anybody that dis- controls, just as all Federal workers ing Social Security. The CBO budget agrees with that, we can find that have, for instance, with the Thrift Sav- projects that somewhere between 2000 money through the inefficiencies of the ings Program, if we had those controls and 2001. That is this green line. But if Federal Government. in place and people got a monthly we follow what President Clinton One last example. If this country statement and they knew to the penny wants to do, he wants to spend 38 per- were to go to war tomorrow, we would all, as a Nation, hunker down and say, how much was in their Social Security cent, and, actually, it is more than we have an emergency, we can do account, and then Washington came up that, it is about 45 percent in the next things better, we can do things more $100 billion short, and they said, ‘‘Well, 5 years, of the Social Security surplus efficiently, we can do things in a way let us see, Mr. COBURN, your pro rata on new programs. Now, I come from a district that is a that costs less. share of that will be $734.53. Would you We have an emergency right now Democrat district. I am a Republican, mind cutting a check and sending it to equal to any world war we would go to, but my district is 75 percent registered Washington?’’ people would go berserk. and that emergency is we are taking Democrats. My Democrats, my con- So I think that, as Alan Greenspan, away the opportunity, we are taking chairman of the Federal Reserve, very stituents, do not want that money away the future of our grandchildren correctly pointed out, we need to cre- spent. And what will we see as we do by not having the courage to stand up ate a real firewall that protects basi- this? What happens to the national and cut the spending where it does not cally people, Social Security money debt? The national debt goes up. What need to be spent and spend the money from the political forces in Washing- is it that our children are going to where it does need to be spent. ton. have to pay back? They are going to Mr. SANFORD. On that point, I b 1545 have to pay back the national debt. think it is interesting that Economist Under President Clinton’s program he magazine, which is certainly well re- Mr. COBURN. Let me add one other is going to raise the national debt hun- garded, ran an article in the last 2 thing. The Social Security System, as dreds of billions of dollars. The total weeks called ‘‘Counting Your Chickens designed, was a good system. We had a debt. Before They’re Hatched’’, and what the lot of people working to pay for very Now, sure, he is going to shift some article talked about are the projected few people getting benefits. of it, but at the end of this last year, surpluses that are supposed to one day We have two Members here that are when we went through, and even materialize and yet how maybe that term-limited that are talking about though we spent Social Security might not happen. And, therefore, if we this issue. We are citizen legislators. money and we paid off some external commit it to other forms of govern- We are both in our last term. We have debt, our national debt actually in- ment spending, in other words, these been here 4 years. These are our last 2 creased $22 billion. Now, what is the projected surpluses, if we commit them years. One of the things that has hap- reason for that? We passed spending to different forms of spending, we are pened is this body, because of politics proposals that were off budget. Emer- kind of locked into a situation that rather than because of American spirit, gency supplementals. could cause us to leave this place run- has promised things for votes without Whenever we hear those words, ning big massive deficits. asking the taxpayers to pay for it. So ‘‘emergency supplemental’’, what that Larry Lindsey, who was a member of we have seen a lot of expansions in So- means is our grandchildren are getting the Fed, wrote an interesting piece cial Security, which are not bad, but ready to get it. Because it is not going about 6 months ago breaking out the they did not have the political courage to be paid for, except in rare instances. revenue stream to the Federal Govern- to say, if we spend more, we have to This Congress, since 1994, has offset ment. In other words, the taxes that pay for it. So, therefore, the system’s two of those, but the vast majority are sent in by Americans across this expenditures went up without a con- have not been offset, so they will end country up to Washington. His argu- comitant increase in the revenues to up paying for that. And the next year, ment was that a large part of this job pay for it. that money that was spent comes in to of balancing the budget has, as the gen- So now we have two problems: We raise the baseline of spending for that tleman correctly pointed out, not been have, one, the population shift with the year. done by folks in Washington by actu- baby boomers; but we also have the So the reason the national debt went ally cutting spending but it has really lack of true integrity by the Congress up $22 billion, even though we retired been done on the shoulders of working to pay for the things that they pass on external debt, is because we borrowed Americans. as a benefit. So the way to get re- more than what we showed on the Because what had happened is the elected is to send the pork back home, books. There was another $22 billion historic average, basically since the tell people that we are doing something that was spent that we were not honest time of World War II, in other words, for them, but their grandchildren and with the American public about who government’s take as a percentage of their great grandchildren are going to was going to pay for it. And it is our all the activity in America, what they be hassled, and their standard of living grandchildren. call GDP, has been about 20 percent. is going to be markedly decreased be- I have two little grandchildren, a 3- We have been basically at or slightly cause we did not have the courage to year-old and a 1-year-old, and the last below that number. Well, right now we say, if we are going to do something, thing I want to do is leave them a leg- are at a post-World War II high in we have to pay for it. acy where they have an income tax terms of Washington’s take as a per- This gets me to the next slide: why rate of 30 percent and a working tax centage of the collective activity of we have to control spending. This is rate, a FICA tax rate, of 25 percent, working Americans. And if we actually the Federal budget, excluding Social and that their standard of living is really break out the number, what we Security. These are the real numbers. going to be markedly lower than ours. see is a large part of that income This is no hokeypokey. There is noth- What is the answer to that? Let me stream to the Federal Government is ing other than CBO numbers here and just finish this point. The answer is the due to capital gains income and it is OMB numbers. President Clinton’s Federal Government is not efficient. I due to bonus income. It is tied to this budget and the actual CBO projections. have asked about that around this bull market. H938 CONGRESSIONAL RECORD — HOUSE March 3, 1999 Well, most certainly, at some point, It was an agreement. Last year the om- in taxes than what we expected we this market is going to cool off. And nibus reconciliation package broke would, and the first inclination here in Mr. Lindsey’s argument was that when that agreement. The President signed Washington is, times are good, let us it does so, all of a sudden, since it is in- it, this House signed it. Neither of spend it. come tax that is solving the problem these two gentlemen that are talking Mr. COBURN. Show me the money. rather than spending cuts, it is going today agreed with that. We did not Mr. HOEKSTRA. Show me the to cause us to run big deficits again. So vote for that bill. The point being, as money, and out the door it goes. Again, the importance of what the gentleman we start the 2000 budget, with the ad- we have kind of set the priorities in the is stressing here, which is actually ministration’s budget, they break the wrong place, because we have said the keeping a lid on government spending, spending caps by $30 billion. first place the money goes is to us, this I do not think can be overemphasized. So we have to get back to this idea generation, this generation of citizens Because here we have a member of the that we have to restrain spending. The and this government in Washington. Fed saying how important this is, fact is there are lots of programs with- And, really, what we ought to be doing which is exactly what the gentleman is in the Federal Government that are in- is we ought to be taking care of the saying right now. effective, that have not been looked at, sins of the Congresses in the 1980s who Mr. COBURN. I think what is impor- that do not accomplish what they were built up this $5.5 trillion debt. We tant for everyone to understand is all set out to do, that have not had an ought to take care of those sins and of this red in the President’s budget oversight hearing to make sure they do start paying down the debt. comes from social security taxes. that. The Congress has failed to do its I agree with the gentlemen. In my Every bit of it. And what he has said is job for the last 20 years in terms of district people are saying, nobody is that we are only going to spend 38 per- oversight. There have been very few talking about paying down the debt. cent of social security taxes on some- programs that have been started that They say we are talking about reduc- thing else, rather than we are going to have ended, number one; and there ing taxes, we are talking about more take Social Security and put that have been even many more of those spending, but nobody is talking about money in Social Security and have the that have been started that we have paying down the debt. We ought to fiscal discipline to control the spending never looked at to see if they were ac- take care of the sins of the 1980s and in the Federal Government. complishing the very goal we set out to start paying down the debt. And when Mr. SANFORD. And could I add on accomplish. we do that, that is good for seniors, be- that point? I do not know if the gen- So if, in fact, we can constrain spend- cause we strengthen Social Security; tleman has looked at the analytical ing, by the year 2001 we will have a real and that is good for our kids, because perspectives within this year’s budget, surplus, and then we can decide what it takes this $5.5 trillion debt off their but there are assumptions that could we do with that real surplus. Do we pay back. make those red numbers, frankly, a lot down the debt, as most of the seniors b 1600 bigger. Because one of the assumptions in my district want us to do? Do we built into the Social Security plan is give some money back to people who Mr. COBURN. I think again, just to that domestic discretionary, which is are working poor and working? Be- reemphasize the point, first, if we do basically every other spending outside cause they are having trouble making not put all the Social Security money of Medicare and interest and Social Se- it now. Do we give some of this money into Social Security, one, if we do not curity, is going to go dramatically back to them? Do we expand selec- address the problems with Social Secu- down. tively some of the government pro- rity, we are going to see at least $800 Right now it is about 7 percent of grams? billion per year in increased taxes on GDP, again, the collective activity of Our goal should be to let us not spend working Americans just to pay for So- all working Americans, and what they anything until we are in this stage. We cial Security. That does not have assume is that it goes down to 3 per- are spending money we do not have factored into it any inflationary spirals cent. Now, they had to assume that, be- now and we are stealing from the So- that might be higher than what we cause to keep the amount of money cial Security System. think they are going to be. going into Washington within historic I see the gentleman from Michigan So to get $800 billion in 2030, $780 bil- bounds, which is about this 20 percent (Mr. HOEKSTRA) is here. Would he like lion in 2029, what do we do? What that number, and given the fact we have 70 to jump in on this? means is the constituents in my dis- million baby boomers starting to retire Mr. HOEKSTRA. Well, I just wanted trict, my grandchildren, they are not around 2012, and we know entitlement to thank my colleagues, number one, going to get to do anything except spending is going to go up, to keep it for doing the special order and for, barely eat, barely sleep and have a roof within that realm of reasonableness, number two, inviting me to participate over their head if they want to pay for they had to shrink the other number. in this process. my generation’s Social Security. I think that is a crazy assumption. I am part of the Committee on the So the hard work has to start now. Because what it means is if all of a sud- Budget, and as we enter the next cou- The hard work has to be associated den Congress does not get real tough in ple of weeks the decisions that we with restraining spending, not nec- this other area of government spending make are going to be critical. Do we essarily new spending on new programs called domestic discretionary, what stay within the spending caps, the but paying for it by cutting spending that means is a tax cut down the road, agreed-upon level that a couple of somewhere else that is not effective, which goes straight back to the gentle- years ago we said we can live within rather than spending more of our man’s grandkids. this; that we can get done what we grandchildren’s money. Mr. COBURN. Absolutely. There is want to get done in Washington if we Mr. SANFORD. I know that the pri- another thing which is important to spend at this level? mary focus of our brief visit this after- note. And this is not a method to try to I know a couple of years ago some of noon is on government expenditure, it beat up on the President’s budget. That us had a very difficult time voting for is on truth in advertising, if you want is not my point. My point is to draw a those spending caps because we to call it that, because the government contrast. Even within this, there is $50 thought it was too much money. We has been, I think, disingenuous with billion worth of tax increases, in fees said we need to get to a surplus quicker the way it has called this a surplus, be- and licensing fees and tax changes. So and we ought to rein that spending in cause this is not what folks at home that if, in fact, the $50 billion in tax in- a little. But as part of a bipartisan would call a surplus, it is not what creases were not added, we would be compromise, the President coming to business would call a surplus. But tied stealing $75 billion or $80 billion from the table, our colleagues on the other to it is this issue of Social Security. the Social Security based on the spend- side coming to the table, we said, all There is one point that I think is worth ing. right, we will give, we will let us have mentioning, because it frankly sounds The Congress agreed with the Presi- a little more spending. And now we get alluring. As you mentioned earlier, dent in 1997 that we would have 5-year to 1999, the economy has been good, which is not related to reserving the budget caps that were locked into law. Washington has been collecting more surplus for Social Security but in the March 3, 1999 CONGRESSIONAL RECORD — HOUSE H939 larger context of the Social Security the higher return and we will take risk we have to take a look at is now is a problem, that the trustees, not what I out, but by leaving it there, it leaves wonderful window of opportunity. say, not what you say, not what the Washington’s hands in it and that Much like we did a couple of years ago gentleman from Michigan says but means a couple of things. It means, when we did the balanced budget agree- what the trustees have said is that if one, I do not think you can serve two ment, we can and we found common we do nothing to save Social Security, masters. Microsoft stock, for instance, ground, we did it with welfare and it is going to have real problems down last December, not this December but when we found the common ground, we the line. The choices are fairly limited the December before, between Decem- were able to move forward and 3 years as we all know. You can cut current ber 18 and December 23 dropped by later we are finding out that those pro- benefits, you can raise taxes, or you about 14 percent. It did so when the grams have been very successful. When can grow the assets of the trust fund at Justice Department announced that we worked to cut spending, when we a higher rate than they are now grow- they were bringing suit against Micro- worked to do the budget agreement, we ing at. soft. If the Federal Government was in- said we can get to a surplus by 2002. Mr. COBURN. Let me ask the gen- vested in Microsoft through the form of Under those rules, we were there in tleman a question. If all the money the Social Security trust fund, then all 1998. Now I think we can apply that coming into the Federal Government, of a sudden you are going to have same kind of creativity in a much dif- real surplus plus Social Security, was AARP calling you up, their representa- ferent environment because we have saved, we still will not have enough tives saying, ‘‘Wait, don’t bring up that made so much progress on spending, we money to take care of Social Security, suit because my trust fund money is in can take that creativity and apply it to will we? that.’’ In other words, it is very dif- Social Security and I think the values Mr. SANFORD. Correct. ficult in Washington to serve two mas- and the principles that the gentleman Mr. COBURN. That is an important ters. I think we ought to think about was articulating are exactly what we point that the President has never that. For that matter it is very dif- want to do. We want to make sure that mentioned. No matter what the sur- ficult in Washington to serve one mas- we don’t impact seniors’ benefits. We pluses are in the future, no matter how ter. want to really restore the integrity of great they are, saving all Social Secu- The gentleman from California (Mr. Social Security for 50 to 75 years. We rity money for Social Security plus all WAXMAN) to his credit cares passion- want to make real progress on those the rest of it will never save enough ately about the issue of tobacco smok- issues. money to be able to meet the obliga- ing. I cannot imagine him disappearing The other thing that we know that tions for the babies born from 1942 on. and not caring what the trust fund was we can do is that we can make a lot of We will never get out of the hole. So invested in because he cares about the other progress. The interesting thing is something has to happen. I think that issue. The gentleman from New Jersey we get to a surplus, is that we forget is the gentleman’s point. (Mr. SMITH) from the Republican side about the $1.6 trillion that we are cur- Mr. SANFORD. Of the available cares passionately about the issue of rently spending and we naturally as- choices, I mean, it seems to me that abortion. I cannot imagine him sitting sume that all that money is being the most reasonable of those three idly by while the trust fund was in- spent wisely. Today in the Education choices would be growing the assets of vested in a pharmaceutical company Committee we marked up what we call the trust fund at a higher rate. And that had a pill related to abortion. In an ed flex bill which is going to allow then the question simply is, well, do we other words, from all sides there would the States a much greater degree of do that collectively, which is essen- be political influence in the trust fund. flexibility. Why? Because when they tially what the President had proposed What I think you have to look at in a get involved in reporting back to Wash- with investing a portion of the trust trust fund is how are you going to get ington from a State or a local level fund in equities, or do we do that the highest return so that one can every dollar that we collect in taxes for through individual accounts? enjoy the best return. education, only 65 cents of it reaches a I just think it is worth stressing that Mr. COBURN. Let me just summa- child. And that if we apply the same in my look at this problem, the idea of rize, if I can. The whole purpose of kind of creativity to that $1.6 trillion an individual account and not a laissez talking to the American public about that we are spending today, we open up faire, good-luck-grandmom-hope-you- this is it is called daylight. Knowledge all kinds of opportunities to better make-it-when-you-retire kind of ac- is powerful. The more Americans know educate our kids so that no child will count, but the idea of a controlled per- that we are actually taking Social Se- be left behind, that we then would have sonal account with a lot of different curity money and spending it on some- room for Social Security, to save So- safeguards, just as a janitor here on thing other than Social Security, the cial Security, and then if we really are Capitol Hill would have through the more reaction that we are going to get serious about taking a look at that $1.6 Thrift Savings Plan. to say, ‘‘Don’t do it.’’ Because we know trillion that we are spending today, we Mr. COBURN. The whole idea is with not to do it, but the tendency in Wash- would also have room for tax cuts, by a guarantee that nobody would ever ington is to spend money, not conserve saying we can get the same impact for get less than what they are committed your money. The tendency is to think education. to now in terms of Social Security. in the short term, not the long term. I We took, and my colleagues are both There will always be that guarantee want us thinking about our grand- familiar with this, on Education at the there. children, and I want us to ensure that Crossroads, 39 different agencies ad- Mr. SANFORD. The reason I think we live up to every commitment that ministering something like 700 pro- that is so important is, more than any- we have made to seniors. We can only grams, losing 35 cents of every edu- thing, and this is again what the chair- do that if we are honest about the cation dollar to bureaucracy, not to man of the Federal Reserve, Alan problem that faces us. To be dishonest educating children. Just think about Greenspan, said, that you have to cre- will compound the problem for another changing that process and focusing on ate a firewall between political forces generation past this one. the kids. We can get 35 percent more in Washington and that money. If there Any fix that is going to happen on Federal money into the classroom just is not a firewall, most certainly the Social Security cannot be a short-term by taking a look at the process here money will be borrowed against, which fix. It has to be a long-term fix. And it and saying, it is not the process that is is what has been happening over the has to recognize the reality which is important, it is not the bureaucracy last 30 years, to fund other areas of the government cannot continue to that is important, it is our kids that government. So if you are going to cre- take 22 percent of the gross domestic are important and we are going to get ate that firewall, again I come down on product without holding down growth, there. the side of individual accounts, not holding down opportunity, holding This is really a wonderful era right only because of the firewall but also down job creation and holding down now that we ought to grasp and we because of the way this place works. capital investment. ought to take a look at every issue. We It is interesting, it sounds enticing, Mr. HOEKSTRA. If the gentleman ought to save Social Security, but we let us invest collectively, we will get will yield, I think the other thing that cannot forget about going back and H940 CONGRESSIONAL RECORD — HOUSE March 3, 1999 taking a look at the $1.6, $1.7 trillion for a young person born in 1970, they family support is so important, and that we spend each and every year. would have to live 110 years just to get this young lady, she is 86 years old, Mr. COBURN. I think the other point their own Social Security taxes back would not make it if she did not have that the Education at a Crossroads out. Not even a return on the Social a family. made to me is not all our problems in Security but just the taxes themselves Mr. HOEKSTRA. If the gentleman education are going to be solved by back out. would yield, I think what our colleague money. I have a daughter who is not Mr. COBURN. Let us say that in a has pointed out is the awesome respon- teaching now, she is fortunate enough little plainer words. If you put X sibility you have. As my colleagues to be able to be home raising her chil- amount of dollars into Social Security know, at the Federal level, at the State dren. But what she told me was two and you were born in 1970, what that level and at the local level we are things about education. One is, is I got says is you would have to live to be 110 going to working Americans and say- to spend about a third of my time fill- years old until you got that money ing: ing out paperwork for the bureaucracy. back. That is not in real dollars, that The first 40 cents you own of every The second thing is I do not have the is in dollars from 1970, which means dollar is ours. tools to control the discipline in my you would probably have to live to 130 classroom. or 140 to get it back in real dollars, not So, Mr. Speaker, we have got an awe- So it does not matter how much counting earning any interest on the some responsibility as to how we spend money we spend, if we do not fix those money that you had invested. that money, how we spend it today, two problems where teachers can Mr. SANFORD. So some of these and also the commitments and the teach, then we are not going to solve looks at fixing the problem may fix the promises that we make. So, as my col- the problem. It is easy to get a vote trust fund but make it so that some- leagues know, we are in many ways from a constituent saying I am spend- body has to live 150 years to get their making a lot of choices for those peo- ing a lot of money on education. It is return. That is not the promise of So- ple on how their money is going to be very difficult to talk about what the cial Security. What I am hearing from spent because we have taken it from real problem is, because it requires us constituents back home is Social Secu- them, and we do not give them a choice to change. It requires all of us to par- rity taxes are the largest tax 73 percent as to whether they are going to use it ticipate and do something. of Americans make. Consequently what for education, for homes, for an invest- I just wanted to make one other they are telling me is for me, it is the ment or for their retirement. thing. I am into my sixth decade. I largest investment I will make. There- Mr. COBURN. Let me get the gen- proudly have joined an organization fore, you need to make this stuff count. tleman to yield for a minute, if he called AARP. I did that not because Because some people say, you need to would. That to me says we certainly do they necessarily represent all my view- focus on additional savings outside of not want to waste this money and that points but I wanted to be able to have the roughly 10 percent of what you we want that in the green so they will input as we say this, I am interested in earn every day, every week and every have more of that flexibility. And that getting my Social Security. I am a month on Social Security. You need to is the contrast here. Hundreds of bil- baby boomer. I have an investment in make additional savings. They are say- lions of dollars of additional Social Se- my retirement. Since I am not going to ing, ‘‘Mark, you can only squeeze but curity being spent on non-Social Secu- have a retirement from Congress, I am so much blood from a turnip. I am rity programs versus no Social Secu- going to want my Social Security struggling between gas money, rent rity money being spent on anything ex- money. So to me it is important that money, food money, education money. cept Social Security, and when we do we create the truthful paradigm that I don’t have any other savings. There- get to a true surplus, then deciding we are trying to make sure the Amer- fore, I’ve got to make Social Security what we do with it. ican public knows today about where count.’’ Mr. HOEKSTRA. Mr. Speaker, we the Social Security money is, where it So we have got to stay focused not on have the commitment then not only is going and how big the problem is for actuarial balance but on the promise of for how we spend the current dollars, the future. Social Security which is to make sure the 1.6–1.7 trillion, but then we also Mr. SANFORD. I would follow up it is not a system that guarantees have the commitment that our col- with, as we look at ways of doing that, somebody a negative rate of return or league was talking about, the promises I think it is very important that we a 1 percent rate of return but some- that they inherently believe that we focus on the big problem. At times in thing higher than that. have made. I mean, every week they Washington, we get so caught up in ac- b 1615 are paying 12–13 percent to Social Se- tuarial balance of the trust fund and it curity and Medicare, expecting that will extend it from 2030 to 2035 and 2030 Mr. COBURN. Let me share with my somewhere along the line they are to 2045, all kinds of strange numbers fo- colleagues, as they both know, I prac- going to receive a benefit from that. cused only on the trust fund but not tice medicine on Mondays and some- But we know from all the surveys that really focused on the big picture. The times on Fridays and on the weekends, most young people do not believe they big picture to me would be that Roo- and I cannot use the patient’s name be- will ever see a penny of it, and that sevelt when he and others designed this cause I would be breaking a confidence, means that we are not really keeping system, the promise was we will create but I am going to call her Mattie. the faith with the people that are pay- a system that creates for you a better Mattie, she has diabetes, she has hy- ing those taxes today because they do lifetime in retirement. In this whole pertension, she has congestive heart not believe that they will ever get it, debate, I think we ought to keep fo- failure. She is getting her Social Secu- that we will ever solve, if the gen- cused on not just actuarial balance of rity. Her husband recently died. There tleman will fetch that chart back up, trust funds, because we can do that. We is no way she can have on today’s pay- as my colleague knows, they do not can do that by cutting benefits a little ment an adequate living to care for her have a degree of confidence that we are bit, raising taxes a little bit. In other without her children helping her out. going to take care of that blue part of words, we can get to actuarial balance Mr. Speaker, just to fix Social Secu- the chart. rity we are going to get back to that in the trust funds fairly easily. Taxes Mr. COBURN. So let me ask the gen- point, let alone meeting the obliga- have been raised almost 50 times or tleman from Michigan a question. Can tions that we really have for our sen- benefits cut almost 50 times within the we solve the Social Security problem iors. So what we are really talking system since it was created. But I and can we meet the obligations to sen- about is getting people back up in the think we could do that and still miss iors in this country and can we do that future to meeting what was originally the main point. The main point is are honestly? we or are we not keeping Roosevelt’s promised and meeting that commit- promise of a better lifetime in retire- ment, but it does not solve all our Mr. HOEKSTRA. Absolutely. ment? problems with our seniors. Mr. COBURN. Absolutely. As you correctly pointed out, there Mr. Speaker, the government cannot Mr. HOEKSTRA. The opportunity is was a recent UCLA study that showed solve all those problems. That is why here today to do that. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H941 Mr. COBURN. And that means we humble means. She had never made a grandkids, and it will be a transition have to be honest about what the num- lot of money over her lifetime. In fact, process. It is not going to affect you. It bers are. We cannot use this as a politi- she had washed clothes over the bulk of is probably not even going to affect cal tool to win a political race. We her lifetime. people who are 60 years old today. It is have to be honest. This should be above So, therefore, the people at the uni- going to affect the people who are politics. This should be above, about versity figured, yes, she is going to younger than that who are going to keeping our commitment to our sen- make us a cloth doily or a napkin, have time to understand any changes, iors, and making sure we ensure a fu- maybe something that she has hand- will be a dialogue with them. We will ture for the working people today, and made. Instead, she strokes them a process through these types of changes, making sure we ensure the opportunity check for about $100,000. They are flab- and we will not jeopardize their Social for our children and grandchildren for bergasted, and the reporter there from Security either. But for the people who tomorrow. I believe we can do that, but the New York Times is asking: are getting a check today, it is not it is going to take political courage. It How in the world did you do this? going to change. is going to take the courage of states- And she says: Mr. COBURN. We are about to run men, not politicians, to come up here Well, I just put a little bit away over out of time. I just want to leave the and do that. The American public is a long period of time. American public with something that going to have to measure whether or Mr. Speaker, that power of compound Martin Luther King said in his last not we did that or not. interest is something that we ought to speech at the National Cathedral. He Mr. SANFORD. Mr. Speaker, I would take advantage of when we look at said that cowardice asks the question, say again, and I do not want to go off cures for Social Security. is it expedient? And we have seen a lot the subject, which again is rightly fo- Mr. HOEKSTRA. If the gentleman of expediency in this body through the cused on honesty in accounting, and would yield, I think, and also as we years. And he said vanity asks the that is if we, as my colleagues know, if take a look at it, I do not think there question, is it popular? And we have we have to borrow money to get to run are any proposals here that are saying seen a lot of things done because they the surplus that we are running, most take all of the Social Security money are popular but not necessarily good folks would say we are not running a and do that with all of the Social Secu- for the Social Security system or not surplus and therefore it is important to rity funds. It is most of the proposals, good for the future of our children. But do something about spending. That is if not all of them, are very modest pro- he said conscience asks the question, is the primary thing we are talking posals to take advantage of the exact it the right thing to do? about. benefit that the gentleman is talking The debate this year about the budg- But tied to that again is this issue of about, and they all have structured in et and about Social Security cannot be Social Security, and I think it is so im- them protections for the individuals based on expediency, cannot be based portant that when we look at security who will be on Social Security so that on popularity. It has to be based on for Social Security, of the available they will not get less money than what what is right and best for all three gen- choices which are cut benefits, raise they get today but will have the oppor- erations concerned. taxes or grow the investment at a high- tunity to earn higher returns and have I want to thank the gentlemen for er rate than we are growing at, that we a higher payout when they get to be 65 sharing this time with me, and I hope simply take a page out of the Federal or 67. we can do it again. book, if my colleagues want to call it Mr. SANFORD. And, most signifi- f that. Because everybody from a sen- cantly, I think they would keep in SALUTE TO A. LEON ator to a janitor here on Capitol Hill place the safety. The key issue with HIGGINBOTHAM has the option of going into basically a Social Security is safety of Social Se- The SPEAKER pro tempore. Under a 401(k) plan, a savings plan, and in that curity. If we were to draw a financial previous order of the House, the gentle- plan they have got a limited number of pyramid, the safest investments ought woman from Texas (Ms. JACKSON-LEE) investment choices. One can have a to be there at the foundation, if my is recognized for 5 minutes. Treasury fund, a corporate bond fund colleagues will, of the investment, and Ms. JACKSON-LEE of Texas. Mr. or an equities fund; and with all that, Social Security is that foundation. Speaker, this Congress is an honorable nobody can put all their eggs in one So I think the most important thing place; and our biggest challenge, of basket, nobody can go out and say, I is the safety, and I go again straight course, is to ensure the people’s wants have got a hot stock tip from my back to what Alan Greenspan, Chair- and desires are our first priority. In brother-in-law, and I think I am going man of the Federal Reserve, said: this very historic place have been to invest my Social Security money in If we leave the money in Washington, major debates: the decision to move that or, in this case, their thrift sav- political forces will probably find a into World War II, the Korean con- ings money in that. Nobody can say, I way to get their hands on that money, frontation, the Vietnam war. hear the Singapore derivatives are a which is what has been happening for But the mighty issues of the 1960s, hot investment right now; I think I the last 30 years. post Brown versus Board of Education, will go into that. It is all very much Mr. HOEKSTRA. If the gentleman and the civil rights marches and the controlled, and what is interesting would yield, I just want to make one march on Washington in 1963; I might about that, as a result, there are no point that I do every time. imagine that there were emotional de- horror stories of janitors on Capital I have had a lot of meetings with sen- bates around the Civil Rights Act of Hill losing everything that they have. iors in my district because I wanted to 1964 and the Voter Rights Act of 1965. So I think it is important that we start with seniors because I want to It is fitting in recognizing this honor- look at the idea of putting to work make it very clear to them that what able place and those enormous chal- what Einstein called the most powerful we are talking about. We are not talk- lenges that we met that we bring at- force in the universe, and that was this ing about, if you are getting a Social tention to a gentleman who through- power of compound interest. Security check today, we are not talk- out his life played a pivotal role in As my colleagues know, there was ing about changing their system. As changing the lives of so many Ameri- this woman a couple years back, and I my colleagues know, they are not cans. He was part of that debate, al- do not know if my colleagues remem- going to next month or next year get a though he was not a Member of the ber the story, a woman by the name of letter saying, you know, you have got United States Congress. His words, his Oseola McCarty, and she was from Hat- this money and you have to figure out opinions, his convictions were all inter- tiesburg, Mississippi, and yet she ended how to invest it in these kinds of woven in the success stories of what we up on the front page of the New York things. No. If they are on Social Secu- ultimately accomplished, those who Times, not for axe murdering a cousin rity and they are getting a check served in the United States Congress or a nephew, but for a great reason, and today, we are not messing with that. during that time frame. that was she went down to the local What we are doing is we are talking We lost him last year. university and said, I would like to about how we are going to save Social So it is my honor to be able to rise help out. And she was a woman of very Security for our kids and for our today and salute A. Leon H942 CONGRESSIONAL RECORD — HOUSE March 3, 1999 Higginbotham, a warrior, a jurist, an that world, I told myself that night, for 12 from the District of Columbia (Ms. intellectual giant, a committed Amer- black students in a northern University in NORTON), who will provide us with her ican; most of all, a lover of the Con- the United States to be given a small corner own insight of Judge Higginbotham. of the on-campus heated dormitories for Ms. NORTON. Mr. Speaker, I thank stitution. And I believe today, as we their quarters. Perhaps all that was needed proceed to honor him, we will find was for one of us to speak up, to make sure the gentlewoman from Texas for yield- enormous inspiration no matter what the administration knew exactly how a ing, and I thank her for her hard work side of the aisle we may come, Demo- small group of its students had been treated on this special order in tribute to a crats or Republicans, Independents, in by those charged with assigning student great American. It is, I think, quite ap- what he stood for and how he loved this housing. propriate that there should be a special Nation. The next morning I went to the office of order for Judge A. Leon Higginbotham Edward Charles Elliott, president of Purdue I know that his wife and best friend, University, and I asked to see him. I was here on this very Floor of the House of Evelyn Brooks Higginbotham, misses given an appointment. At the scheduled time Representatives. He testified shortly him greatly. To her I say, and her chil- I arrived at President Elliott’s office, neatly before his death here in the House. His dren, Karen and Nia, Stephen and Ken- but not elegantly dressed, shoes polished, work for many Americans and their neth, who are listening today, watch- fingernails clean, hair cut short. right to representation in this body ing today, this is not done out of a ‘‘Why was it,’’ I asked him, ‘‘that blacks after he left the bench also entitles his sense of officialdom, but it is a privi- and blacks alone had been subjected to this memory to be noted here. special ignominy?’’ Though there were larger lege, it is an honor to be able to salute issues I might have raised with the President May I say that this is only one of this great American and to commemo- of an American university, this was but 10 many commemorations that are being rate him in the CONGRESSIONAL years before Brown vs. Board of Education, I held for Judge Higginbotham around RECORD, for he has touched so many had not come that morning to move moun- the country. I myself was at such a me- lives. tains, only to get myself and 11 friends out of morial for him just 2 weeks ago at the I am going to start, and as I start I the cold. Yale Law School. There are memorials Forcefully, but nonetheless deferentially, I at the several law schools where he want to make note of the fact that one put forth my moderate or modest request, of his employees, if I might say, one that the black students of Purdue be allowed taught, in addition to the many other who joined him in so many fights, has to stay in some section of State-owned dor- things that he did in his life. joined me on the floor of the House, the mitories, segregated if necessary, but at There will also be a memorial here in gentlewoman from the District of Co- least not humiliated. the House sponsored by the Congres- lumbia (Ms. NORTON). By the way, his Perhaps if President Elliott had talked sional Black Caucus for Judge wife looks forward to the tribute of with me sympathetically that morning, ex- Higginbotham in April, and Members plaining his own impotence to change things will receive notice of that memorial. which she will be organizing this com- but his willingness to take up the problem ing April. She is excited about it and with those who could, I might not have felt We expect that his wife, herself a dis- looks forward to it. as I did. Perhaps if he had communicated tinguished scholar, Dr. Evelyn Higginbotham, will be here. b 1630 with some word or gesture, or even a sigh, that I had caused him to review his own The man we commemorate on the Let me begin, and then I will yield to commitment to things as they were, I might Floor this afternoon is a man of rare the gentlewoman from the District of have felt I had won a small victory. talent and humanity, an extraordinary Columbia. This is, I think, the best But President Elliott, with directness and American, an astute scholar, a great way to introduce many Members to a with no apparent qualms, answered, Federal judge. I would like to say a few person who all of us will assume is our ‘‘Higginbotham, the law doesn’t require us to let colored students in the dorm, and you ei- words about his role as a judge and his friend and was our friend, and that is, ther accept things as they are, or leave the role as a scholar, as Members may A. Leon Higginbotham, Junior. university immediately.’’ come to talk about the role he played His book, In the Matter of Color, As I walked back to the house that after- in lawsuits that were brought by Mem- Race and the American Legal Process: noon, I reflected on the ambiguity of the bers in order to secure their places here A Colonial Period, is a giant of a state- day’s events. I heard, on that morning, an el- as representatives in the House of Rep- ment on American history. But I would oquent lecture on the history of the Declara- resentatives. be remiss not to share with you about tion of Independence and of genius of the When Judge Higginbotham was ap- Founding Fathers. That afternoon I had been the man. The preface of this book reads told that under the law, the black civilian pointed, initially named to the bench as follows. It gives us a sense of what students at Purdue University could be by President Kennedy, who then was molded him, what caused him to be so treated differently from their 6,000 white assassinated, and had his name moved convicted and so committed. classmates. Yet I knew that by nightfall, forward by President Johnson, he was This book has been in the writing for al- hundreds of black soldiers would be injured, one of the youngest men ever ap- most 10 years. But if isolated personal inci- maimed, and some even killed on far-flung pointed to the bench, and one of the dents really do play the dramatic role in re- battlefields to make the world safe for de- first African Americans ever appointed directing lives they often seem to have mocracy. to the Federal bench. played, I have to go back for the book’s very Almost like a mystical experience, a thou- sand thoughts raced through my mind as I But I must tell the Members that beginnings to a painful memory that comes this was not the kind of superlative out of my freshman year at college. Perhaps walked across the campus. I knew then that it was not the incident itself but the proper I had been touched in a way I had never been that Judge Higginbotham was after in legal basis upon which the personal affront touched before, and that one day, that I his life, the youngest or the blackest or was rationalized that may turn out to have would have to return to the most disturbing the first of a kind. He spent his life been the seed out of which this work has element in this incident, how a legal system being the best. He gave real meaning to grown slowly. that proclaimed equal justice for all could si- a word we throw around without al- multaneously deny even a semblance of dig- Let me take you back to 1944. I was a 16- ways being able to document it, the year-old freshman at Purdue University, one nity to a 16-year-old boy who had committed no wrong. Shortly thereafter I left Purdue word ‘‘excellence.’’ of 12 black civilian students that was attend- Who is Leon Higginbotham? Leon ing that school. If we wanted to live in West University and transferred to Antioch Col- Lafayette, Indiana, where the university was lege. Ultimately I chose law as my vocation, Higginbotham was a poor black boy located, solely because of our color, the 12 of and in 1952, I graduated from Yale Law from Trenton, New Jersey, whose par- us at Purdue were forced to live in a crowded School. ents had no education, elementary private house rather than, as did most of our On that opening note, let me say that school education, but whose life tells white classmates, in the University campus not only was his life changed, but he us that all you need is a mother and fa- dormitories. We slept, barrack style, in an helped change the lives of Americans. ther who care deeply that you get an unheated attic. So that is why today we take the chal- education in order to reach your own One night, as the temperature was close to lenge of trying to commemorate his potential. zero, I felt that I could suffer the personal He had deep racial experiences as a indignities and denigration no longer. The legacy in the CONGRESSIONAL RECORD, United States was more than 2 years into the to be given to his family and to honor child, even in the north, as Trenton, Second World War, a war our government him appropriately. New Jersey, is located. But in a real promised would make the world safe for de- With that, Mr. Speaker, I yield to the sense, his own dedication to racial mocracy. Surely there was room enough in esteemed, honorable gentlewoman equality goes far beyond the personal. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H943 It is very easy for me to be against ra- United States for his principled inter- very precious to me, and it is a book cial segregation, because I went to seg- pretation of the law. that was 10 years in the making be- regated schools. That is hardly a prin- If you are a judge, and ultimately cause it documents the way in which cipled position. It is a very important Judge Higginbotham became the chief the law was as enmeshed in all of our stimulus, and it is a very compelling judge on the Court of Appeals for the racial doctrine and practices. way in which to understand racial seg- Third Circuit, you have to follow prece- What he demonstrates through a de- regation. dent if you are abiding by the rule of tailed evaluation of the case law and But Judge Higginbotham understood law, the rule of the law. the statutory law in about a half dozen equality in racial terms out of his own Let me quote from the Chief Judge of of the colonies is that without the law life, and understood and was dedicated the Third Circuit today, Judge Edward every step of the way, slavery, and to equality as a universal principle. He Becker. I am quoting: later discrimination, would have been felt as deeply about equality for His jurisprudence was always anchored in impossible. Law was the handmaiden of women, for example, as for African the record. He could be and was eloquent in slavery and discrimination. Facilitated Americans. He did not believe that the opinions when he was vindicating civil it. Augmented it. Made it possible. word or the idea of equality could be rights, but he didn’t reach for the result. He Here was a man who loved the law. segmented. was a good craftsman and an altogether solid Loved the law enough to expose the It was my great privilege to know judge. law for the role it had played in the Judge Higginbotham up close when I Now, as judges go, Judge deepest injustice in our society so that was a young woman just coming to the Higginbotham, I think, when one eval- we could understand it, throw it off, as bar, because I was privileged to be his uates his work, will be remembered as will be the case when we do understand first law clerk. Every student out of an activist judge. I am proud of that. I the derivation of an issue. law school wants to clerk somewhere, know the gentlewoman is. But the fact Leon Higginbotham lived several life- and particularly for a Federal judge. that he could do that within his craft, times all in one for his 70 years. I be- But I have to tell the Members that adhering to the rule of law in a prin- lieve that his role as a scholar of the there are Federal judges and there are cipled fashion, says everything about history of the law will be remembered Federal judges. The experience of why he was so highly regarded every- as least as much as his role as a lawyer clerking for an energetic, young, prin- where among his peers who serve or and a judge, because of these two mon- cipled, brilliant Federal judge was a have served on the bench. umental books, ‘‘In the Matter of very important one for my own profes- Make no mistake about it, A. Leon Color,’’ and the second book, ‘‘Shades sional development. Higginbotham was a black man, and of Freedom.’’ He had intended to do Judge Higginbotham had already understood himself as a black man. about a half dozen such books. He got been the first black to serve on the The gentlewoman has spoken about two done. Federal Trade Commission, but he had and has read from his own works about Essentially, what Higginbotham did not had a lot of experience with young some of his early experiences. This is a was to look at 300 years of law. And people. He was very young himself. He man who would never forget that he when I say ‘‘law’’ I do not mean read- immediately made me into his appren- was a black man. ing decisions of the Federal courts. I mean looking at every single case in tice, an extension of the judge. Of b 1645 course, clerks do research for the the colonies, every single statute in judge, but we did research together. We Yet, his approach to equality coming the colonies, and in the process he un- wrote together. He would give me out of his treatment as a black man masked what was and can only be something that he wrote to edit. I was universal because it taught him called a jurisprudence of racism that is would give him something that I wrote that everyone had to be treated in just part and parcel of our law and was to edit. the same way as he demanded to be there from the very beginning. He The experience of working that close- treated. showed how it was there even at the ly with someone that accomplished is a One of his opinions that I believe will time of the writing of the Declaration wonderful way to get initiated into the become an American classic was a case of Independence which, of course, does profession. He was a consummate pro- where the defendant sought to dis- not mention race at all. fessional, a first class technical lawyer, qualify the judge because of his racial Thus, what Higginbotham did as a which is something every young person views off the bench. The judge had no scholar was to show us the law at its could do with when you get out of law prejudicial racial views off the bench, worst and our law as it is now becom- school and are, in effect, first then but he was known to speak before ing as its best. In effect, what he shows learning to be a lawyer. groups about his feelings about racial are the extraordinary, huge contradic- Moreover, Judge Higginbotham was a equality. tions in our law and that these con- wonderful mentor. That is not the word The judge responded to this request tradictions survived even the Civil we used then. Mentoring has become that he recuse himself from hearing War, which after all was fought in part something that is often spoken of the case about racial discrimination to erase slavery and contradictions today. It was simply a natural way to with an exhaustive opinion. Here was a based on race. Instead, a new case law proceed for the judge, for I was the judge that just did not say that ‘‘I am came into being and fortified discrimi- first of a very long line of clerks, re- not going to do it, and I resent the fact nation to follow slavery. search assistants, interns. We are all that you want me to get off the case In a real sense, Leon’s time on the over the country now. Many of them simply because I am black and believe bench and his scholarly investigation worked on his books. Some of them as- that black people should be treated is what undergirded his passion against sisted in his chambers. All of them equally and have deigned to say so.’’ racial discrimination. It is, as I have learned from him. That is not how the judge did it. He indicated, easy enough to have passion At the same time, Judge wrote an exhaustive opinion showing against racial discrimination that is Higginbotham, who will be known for why he should not be disqualified. felt. What was extraordinary to see was his boldness on racial issues after he One of the lines from that opinion I how Higginbotham was animated by left the bench, enjoyed enormous re- want to read: ‘‘Black lawyers have liti- what he had read about slavery, what spect at the bench and at the bar for gated in the Federal courts almost ex- he had discovered about the role of the his work as a judge. clusively before white judges, yet they law in perpetuating slavery and dis- First of all, there was his prodigious have not argued that white judges crimination. capacity for work. Then there was the should be disqualified on matters of ra- At the end of his life, that is what thoroughness with which he went cial relations.’’ propelled him. It was intellectual curi- about his work, first as a lawyer, and But I would like to say a word about osity at its best. And as one of his then as a judge. Although we know the Higginbotham the scholar. The gentle- former law partners have said, he died judge for his deep racial views, he is woman from Texas read from a book by working, which is what he wanted to one of the most respected judges or was the judge, ‘‘In the Matter of Color.’’ I do. He died in love with the law, expos- one of the most respected judges in the have an autographed copy here that is ing the law, wanting to let everyone H944 CONGRESSIONAL RECORD — HOUSE March 3, 1999 know what was wrong with it so that Higginbotham and his research helped He was a judge hero. He won awards. we could make it right. And he spent enunciate or make plain those difficul- The Presidential Medal of Freedom in much of his life doing what it will take ties. 1995, the Raoul Wallenberg Humani- to make it right. The existence of this 18th Congres- tarian Award, and he was so respected Like the gentlewoman, I would like sional District is by the very fine as a humanitarian that in 1994, South to close by reading a couple of passages works of Judge Higginbotham and his Africa President Nelson Mandela called from ‘‘In the Matter of Color,’’ because supporting team, the NAACP Legal De- him to be an international mediator in these passages document what I have fense Fund, who argued against the de- that country’s first election. been trying to convey about why the mise of minority-majority districts He would never turn down anyone judge wrote about the law’s imperfec- which, for some reason, has gotten a without a voice. At the height of rac- tions. bad name in our legal system and all ism in our country, Judge I am quoting here: ‘‘Specifically, this we see it is as an attempt at represen- Higginbotham was able to break the book will document the vacillation of tation. color barrier and become an influential the courts, the State legislatures, and But I think that it started early in member of our society. He serves as an even honest public servants in trying his life, his recognition of the fact that inspiration. And so it is important that to decide whether blacks were people he had to be a fighter. I am glad the we honor this soldier, born on February and, if so, whether they were a species gentlewoman ended on the fact that he 25, 1928, in New Jersey. He was a son of apart from white humans, the dif- was a great American. He, as a child, New Jersey, and he liked to tell people ference justifying separate and dif- wanted to be a firefighter. But it was a before his death that there were only ferent treatment. I am aware that an time when racism and bigotry would two books in his home, a dictionary analysis of cases, statutes and legal not allow this dream to become a re- and a Bible. edicts does not tell the whole story as ality. And it is somewhat ironic that Higginbotham’s personality and to why and how this sordid legal tradi- we have the ugliness of racism to character are taken from his parents tion managed to establish itself. Never- thank for this advocate of civil rights. who believed that a man should be kind theless, there is merit in abolitionist Thus, as he wanted as a youth to be a to everyone, regardless of their social William Goodell’s statement: ‘No peo- firefighter, he became in the end the class, and that they should be strong in ple were ever yet found who were bet- responsible person for the dampening their convictions. His father was a sim- ter than their laws, though many have of the fires of racism. ple plant laborer who worked at the been known to be worse.’ ’’ As a jurist and as an author, Leon same plant for 45 years, and Judge Finally, let me read the last passage Higginbotham’s dedication to civil Higginbotham would say that his fa- I want to bring to the attention of this rights of all Americans was un- ther was late to work only once during body. The judge goes on to say, ‘‘While matched. Judge Higginbotham re- that tenure. I do not represent what I put forward minded us in poignant terms and with Judge Higginbotham acquired his fa- here as a complete picture of the prac- his powerful voice of our Nation’s tor- ther’s work ethic which few matched during his career as a judge, author, tices of the society, that canvas will tuous and still unfinished struggle to lawyer, professor, humanitarian. never be painted unless someone first live up to its constitutional mandate of treats adequately the interrelationship equal justice under the law. He realized b 1700 of race and the American legal proc- that the Constitution was an inclusive But, oh, how he loved his mother. ess.’’ document designed by our founding fa- She had a sixth-grade education. He Mr. Speaker, we are a part of the thers to include all Americans and he gave his mother credit for his apprecia- American legal process. To the extent fought with all his might and intellect tion of the value of education and com- that we come to grips with the schol- to protect his principles and guaran- passion for his fellow man. His mother arly discoveries of Leon Higginbotham, tees. as well contributed to young Leon we will avoid the pitfalls out of which One can imagine our perspective in Higginbotham’s work ethic. She not we have just come. Leon Higginbotham the House Committee on the Judiciary only raised him but also the children of served us in so many ways. As a law- during the impeachment proceedings the people for whom she worked. yer, as a judge, as a scholar, enlighten- when he brought this eloquence, this Judge Higginbotham would often say ing us, humanizing us in each and statesmanship, this intellect into those of his mother that, if she had been every role. impeachment proceedings. Everyone to given the opportunity, she could have This special order simply brings to a one, Republicans and Democrats been a lawyer or great psychiatrist. He the attention of this body the role that alike, respected this giant intellectual. would often refer to the lost opportuni- a great man has played in the life of And he handled us in that committee. ties of his mother and other African our country. And it was not with insult, but it was Americans by referencing the story of Mr. Speaker, I thank the gentle- with straightforwardness. He knew the Saint Peter and Napoleon. woman from Texas for yielding me this Constitution. He had lived it and he The story goes on that Napoleon hap- time. shared his vision with us. I thank pened upon Saint Peter one day in Ms. JACKSON-LEE of Texas. Mr. Judge Higginbotham for that. heaven and said he was the greatest Speaker, I thank the gentlewoman for He was an African-American judge general in the history of the world. both her passion and her distinct elo- and we just finished celebrating Afri- Saint Peter responded to Napoleon, quence. can-American History Month. He is the ‘‘No, you are not the greatest general.’’ Mr. Speaker, I think it is very clear, kind of person that I know in years to Two days later, confused how he after her rendition, why I thought it come I will go into the halls of our ele- could not be the greatest general with was so important to come to the floor mentary schools and middle schools his numerous victories, he asked Saint and honor this great American. I am and rather than seeing some of the age- Peter if he could meet this individual. delighted as well that other Members old heroes that all of us support from Saint Peter took Napoleon to meet this are joining us, and I wanted to com- the 1800s and early 1900s, and maybe individual. To Napoleon’s surprise, he ment on some of the points made by the new ones, the athletes of the 20th recognized this person. Napoleon com- the gentlewoman from the District of century, we will begin to understand mented to Saint Peter that this indi- Columbia (Ms. NORTON) in that she de- the role of Judge Higginbotham. And I vidual had only made shoes for his fined a special role and responsibility can imagine that his face will be plas- army, and that Saint Peter must have and interaction that she had with tered all over the schools of America: been mistaken. Judge Higginbotham. Here we see a popular judge. Saint Peter replied, ‘‘No, I am not I guess I can call myself a product of As a judge, he authored 600 opinions mistaken. If this individual had been Judge Higginbotham’s work, for in the in 29 years, first on the U.S. District given the opportunity, he would have State of Texas I would venture to say Court for the Eastern District of Penn- been the greatest soldier the world that it would be difficult to count more sylvania then on the Third U.S. Circuit would have ever known.’’ than 20 African-Americans on our en- Court of Appeals, and finally as that Judge Higginbotham was a soldier tire State elected judiciary. Judge court’s Chief Judge. but, as well, in his humble beginnings, March 3, 1999 CONGRESSIONAL RECORD — HOUSE H945 became a great jurist. So in his enroll- was a shining example of integrity and made the decision in Cleveland that ing in Yale Law School, that further set the standard which all African the school system had unfairly, uncon- refined his desire, his intellect for serv- Americans who aspired to be a Federal stitutionally segregated schools for Af- ice in the civil rights war. judge should meet and the standard rican American children. He indicated that a janitor at Yale that any person aspiring to be a Fed- Here it was Judge Higginbotham de- moved him to his ultimate commit- eral judge should meet. livering that lecture. I have to tell my ment to civil rights. One of the great- Judge A. Leon Higginbotham was ap- colleagues the room boomed. He deliv- est legal minds that this country had pointed to the Federal bench in 1964. In ered that address, stood tall above ev- ever seen was convinced by a janitor 1989, he became the chief judge of the eryone else. I was pleased to have had that he made the right decision to at- United States Third Circuit Court of an opportunity to be in the audience. tend Yale. Appeals, which covers Pennsylvania, Judge Battisti’s wife said, as she in- What most people do not realize is New Jersey, and Delaware. troduced Judge Higginbotham, no one that, during that conversation that He retired from the bench in 1993 but could better deliver the lecture on be- Judge Higginbotham had with this jan- never from the struggle. Judge half of her husband who took a lot of itor, the janitor told Judge Higginbotham used his courtroom to flack for saying that the schools in the Higginbotham that he had worked display his dedication to human and City of Cleveland were unlawfully and sweeping those floors at Yale for 25 civil rights. He enforced the broad con- unconstitutionally segregated. years in the hopes that he would see stitutional protections of individual In closing, Mr. Speaker, I want to the day when an African American en- rights and personal liberties in tribute thank the gentlewoman from Texas tered the doors of Yale. Judge to his roll model, the late Supreme (Ms. JACKSON-LEE for organizing this Higginbotham did that in 1949 and Court Justice Thurgood Marshall. special order. Mr. Speaker, I want to graduated in 1952, going on to his first It would only be interesting and axio- thank you for the opportunity to be job as an Assistant District Attorney matic that, in fact, Judge heard. I ask all Americans to join us in in Pennsylvania, going on to Special Higginbotham had the opportunity to celebrating a great American hero, the Deputy Attorney General for Pennsyl- comment with regard to Judge Mar- great, late Judge A. Leon vania, appointed by John F. Kennedy shall’s replacement on the bench and Higginbotham. to the Federal Trade Commission, all the need to never forget from whence Ms. JACKSON-LEE of Texas. Mr. firsts, and then ultimately to the 1964 you came. Speaker, I thank the gentlewoman appointment to the U.S. District Court History will recognize him as more from Ohio for her passion, her enthu- in the Eastern District of Pennsyl- than an outstanding jurist. He was an siasm, and the excitement that she has vania. President Kennedy had nomi- outstanding African American. He used generated around the life and legacy of nated him in 1963, but a Mississippi his intellect as a tool to address the A. Leon Higginbotham. This is very Senator blocked his appointment for a wrongs in America. special to have the gentlewoman’s par- year. According to a noted Harvard law ticipation. I want to just note for the RECORD a professor, Charles Ogletree, ‘‘He was Mr. Speaker, I yield to the distin- comment by Bernard Wolfman on the epitome of the people’s lawyer. De- guished gentleman from New Orleans, Judge Higginbotham when he invited spite his individual merits and accom- Louisiana (Mr. JEFFERSON), the next Judge Higginbotham to teach at Penn- plishments, he never hesitated to lend governor of the State of Louisiana. sylvania Law School. He described his a hand to the poor, the voiceless, the And I hold in my hand one of the cases aptitude and skill as a professor with powerless, and the downtrodden.’’ of Judge Higginbotham, the State of the following description: ‘‘He has dem- As a child, the Judge learned first- Louisiana versus Ray Hayes. onstrated by his life’s work how one hand that separate and unequal re- Mr. JEFFERSON. Mr. Speaker, I can love and serve the law at the same duced opportunities had cast a shadow thank the gentlewoman from Texas time as he makes a proper target of on the horizon of African Americans. (Ms. JACKSON-LEE) for yielding to me stringent criticism because of his prej- Judge Higginbotham credits his moth- and for that very accurate description udice, assumptions and dogma and be- er with instilling in him the impor- of me. cause of the harm it inflicted on the tance of education. Education was the Mr. Speaker, I rise today to pay trib- people of color whose slavery in Amer- key that could unlock the door. ute to a great American, Judge A. Leon ica the law had embraced and whose ul- Soon after joining the Federal bench, Higginbotham, Jr., a man who was a timate freedom the law was slow to Judge Higginbotham began teaching at giant in stature, a giant in intellect, promote or assure.’’ the University of Pennsylvania. My and a giant in his unparalleled achieve- What an apt description of Leon colleagues have talked about his career ments. Higginbotham. So much you could say, prior to the bench and after the bench. Physically, Judge Higginbotham was so much we want to say, so many deni- But he would eventually author more a towering man who stood over 6 foot 4 als to him, but yet so much a warrior than 100 Law Review articles and au- inches tall and possessed a booming and a victor, but yet a kindly man, as- thor a book, as has previously been voice that was both awesome and in- tute with his own learning, but hum- said, entitled ‘‘In The Matter of Color.’’ spiring. At a memorial service held for bled by his own experience. In Cleveland, Cuyahoga County, him in Philadelphia, there were many I am gratified today, Mr. Speaker, Ohio, I had the opportunity and privi- references to the voice, the Judge’s that Members of this House have come lege to serve as a judge for more than booming baritone that commanded re- to join us in honoring Judge Leon a decade. He inspired me, Judge spect and attention in every setting. Higginbotham. With that, I am de- Higginbotham, to stay in the court, to Intellectually, Judge Higginbotham’s lighted to yield to my esteemed col- be willing to make the right decision peers heralded him as one of the most league, the gentlewoman from Cleve- even when it was not the popular deci- brilliant jurists, historians and schol- land, Ohio (Mrs. JONES) who has joined sion, to be a judge who was not content ars in the history of American juris- us in this special order. to hide behind the cannons of ethics, prudence. His numerous accomplish- Mrs. JONES of Ohio. Mr. Speaker, I but willing to speak out on matters ments include almost 30 years of dis- want to thank the gentlewoman from with respect to the legal system with- tinguished service on the Federal Texas for this opportunity to be a part out violating those cannons of ethics. bench, coveted teaching positions at of this special order regarding the I am pleased and privileged to stand both the University of Pennsylvania great, late Judge Higginbotham. before my colleagues today and to tell and Harvard University, and two re- The gentlewoman from Texas (Ms. them that the last time I had a chance nowned books and numerous articles JACKSON-LEE) should be commended for to see Judge Higginbotham was in on race and the American legal proc- organizing this special order, because Cleveland at Case Western Reserve ess. we are paying tribute to one of Ameri- University. He was delivering the In service, Judge Higginbotham was ca’s greatest jurists and legal scholars. Judge Frank J. Battisti lecture. always a person of compassion, prin- I will always remember him as an ad- It is something that Judge Frank J. ciple, and integrity. Though his work vocate of civil and human rights. He Battisti was, in fact, the judge who schedule was legendary, Judge H946 CONGRESSIONAL RECORD — HOUSE March 3, 1999 Higginbotham found the time to serve lives he has touched. We all shall re- the impact that intolerance and preju- as a mentor, as a teacher, as an advi- member him fondly, Mr. Speaker, and dice breeds in this country. sor, and as a friend to countless many. we shall miss his work with us, and While he was a student at one univer- In my own personal experience, God bless his family and keep him high sity he complained about substandard Judge Higginbotham has come to this in our memory. housing for black students and was Congressional Black Caucus on numer- I recall, as I stand here, the words of told by the president of the university, ous occasions to provide us advice, lec- Frederick Douglass, which I think ‘‘The law doesn’t require us to let col- tures, and to be involved in our Con- speak well to how we should remember ored students in the dorm, and you can gressional Black Caucus weekends and Judge Higginbotham, and speaking either accept things as they are or you stir us to a great achievement. He has about a fairly different issue, but none- can leave, immediately.’’ been an inspirational figure for our theless one that is related, the issue of Despite his outstanding academic Caucus for many years and was one liberty and freedom. credentials, he was denied employment who was always ready to give of his Frederick Douglass said something by two major white law firms when time. like this, ‘‘When it is finally ours, this they realized that this man, with these In my own personal work for the freedom, this liberty, more usable to credentials on paper, was a black man. Black Caucus, Judge Higginbotham man than earth, more important to So his tolerance and fight against in- joined with me and with Lou Stokes man than air, when it is finally ours,’’ tolerance grew out of himself being dis- and the gentleman from Missouri (Mr. he said, ‘‘then when it is more than the criminated against and experiencing CLAY) to help in a project to raise mumbo jumbo of politicians,’’ he said, the negative impact of intolerance. money and to explain to the giving ‘‘when it is diastole, systole, reflex ac- We can often tell a lot about a man community how important it was to tion, when it is finally ours,’’ he said, by what other people say about him, support reinforcement efforts around ‘‘then this man, this Douglass, this and it was interesting to me some of the country through that giving and negro, beaten to his knees, but yearn- the things that people said about him. through their support. ing for the day when none are enslaved, Here is Thurgood Marshall. Thurgood He traveled with us to New York and none are alien, none are hunted, then Marshall, former Justice on the United to Philadelphia to make the case as to this man,’’ he said ‘‘this Douglass will States Supreme Court, said of Leon why it still made sense for the commu- be remembered, oh, not with the Higginbotham: ‘‘A great lawyer and a nity at large to give in this very impor- statuted rhetoric,’’ he said, ‘‘and not very great judge.’’ Not a long accolade, tant endeavor. just concise and to the point. I can tell my colleagues, and on a with wreaths of bronze alone, but with lives, grown out of his life, with lives President Clinton on Judge more personal note, for my daughter Higginbotham. ‘‘One of our Nation’s Jamila, who was a student at Harvard fleshing his dream of this beautiful needful thing.’’ most passionate and steadfast advo- Law School when Judge Higginbotham cates for civil rights.’’ b was there in his last years, he was her 1715 People were always calling this man third-year paper advisor and was one And so Judge Higginbotham’s life a hero, but he was also a very humble who took the time to help her to get will flesh our dreams of freedom and man. Professor Charles Ogletree, ‘‘The through her third year preparation and liberty in this country and we will live epitome of the people’s lawyer. Despite to graduate well from Harvard Law and work in the future and achieve be- his individual merits and accomplish- School. So I thank him personally for cause of the life and the legacy of this ments, he never hesitated to lend a what he did for my family, particularly great man. hand to the poor, the voiceless, the for my daughter. I thank the gentlewoman for yielding powerless, and the downtrodden.’’ Undoubtedly, Judge Higginbotham’s to me. This was a man who could command personal attributes and professional ac- Ms. JACKSON-LEE of Texas. Mr. the respect of all of us, and did com- complishments qualify him as a great Speaker, I thank the gentleman very mand the respect of all of us, yet he American. However, I believe that his much for those very moving closing re- fought all the way to the end for ordi- legacy lies in the fact that he used marks and the words that would be at- these attributes not to enrich himself nary common people. tributable to Judge Higginbotham. I remember very well when my Con- but, instead, to enrich America. He used his remarkable talents to I now want to yield, Mr. Speaker, to gressional District was in the midst of mount an intellectual challenge to all the chief constitutionalist on the Com- litigation, and he said, ‘‘You know, we vestiges of racism in society and the mittee on the Judiciary, also a Yale need to convene a group of people to law and to provide constructive cri- law graduate and certainly friend of talk about the importance of having tique of those who chose to feign a Judge Higginbotham, the gentleman minority representation in the Con- color-blind vision of society and poli- from North Carolina (Mr. MEL WATT). gress of the United States.’’ About 2 tics in America as an excuse for not (Mr. WATT of North Carolina asked weeks after that I got a call telling me dealing with the tough racial issues and was given permission to revise and that scholars and historians and pro- that face us all. extend his remarks.) fessors and college presidents were con- In his own words, ‘‘One of the biggest Mr. WATT of North Carolina. Mr. vening to have a discussion about this problems for American society during Speaker, I want to thank my colleague, issue in North Carolina. the 20th century is our not recognizing the gentlewoman from Texas (Ms. He had just gotten on the phone and the consequences of racism and that SHEILA JACKSON-LEE), for organizing called systematically people that he the real test of the 21st century is our this special order in tribute to a won- knew would have an interest in this, being able to move from equality in the derful human being and statesman, and they all interrupted their schedule abstract to equality in significant re- Judge Higginbotham. to come and have a discussion about sults.’’ Let me start by just expressing con- how we would communicate to a court It is not an overstatement to say dolences to Judge Higginbotham’s wife, the importance of having minority rep- that, in the last several decades, when- Evelyn Brooks Higginbotham, and to resentation in the Congress of the ever the issues of social injustice were his two sons and his two daughters. United States after North Carolina had to be dealt with in this country, at the They stood with him and by his side been without a minority representative core of the debate was Judge and enabled him to provide a service to in Congress for over 90 years. What Higginbotham, standing and speaking our country that, in my estimation, is would one say to a court that would out on these very important questions. unparalleled in many respects. communicate the importance of the de- Judge A. Leon Higginbotham was an This is a very sad occasion for all of cision the court was being asked to extraordinary human being, who, in us, when we pay tribute to a fallen make? 1995, received the Nation’s highest ci- hero, and Judge Higginbotham, indeed, That was the kind of command that vilian honor, the President’s Medal of was a hero for us. He was a man who Judge Higginbotham had of people Freedom. practiced tolerance, and he practiced it around him. They respected him so Although he is gone, his legacy will because he had experienced many epi- much that they would drop other live on in the many individuals whose sodes of intolerance and he understood things and respond to his request. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H947 I remember very well the last en- fighter but in the end he answered a higher And his mother, as well, contributed to young counter I had with Judge calling by ``dampening the fires of racism.'' Leon Higginbotham's work ethicÐshe not only Higginbotham. I knew he had had a As a jurist and as an author, Leon raised him, but also the children of the people heart attack, and he had gone through Higginbotham's dedication to civil rights of all for whom she would work. an extended recovery period. All of a Americans was unmatched. He tirelessly Judge Higginbotham would often say of his sudden, we were having a hearing on worked to ensure that there was one rule of mother that if she had been given the oppor- the impeachment matter in the Com- law that applied to all individualsÐno matter tunity, she could have been a lawyer or a mittee on the Judiciary and there was their race, their gender, or their disability. great psychiatrist. He would often refer to the Judge Higginbotham expounding on Judge Higginbotham reminded us, in piognant lost opportunities of his mother and other Afri- the historical significance of the im- terms and with his powerful voice, of our na- can-Americans by referencing the story of St. peachment clause in the Constitution. tion's tortuous and still unfinished struggle to Peter and Napoleon. The story goes that Na- When it was over, I went to him and live up to its constitutional mandate of equal poleon happened upon St. Peter one day in I said, ‘‘Judge, what are you doing justice under the law. He realized that the heaven and asked if he was the greatest gen- here; shouldn’t you be at home in Constitution was an inclusive document de- eral in the history of the world. St. Peter re- bed?’’ And he said to me, ‘‘You know, I signed by our Founding Fathers to include all sponded to Napoleon, ``no you are not the can’t quit fighting about the things Americans, and he fought with all his might greatest general''. Two days later confused as that are important, and you know how and intellect to protect it's principles and guar- to how he could not be the greatest general I feel about the United States constitu- antees. with his numerous victories, he asked St. tion. I got to keep fighting for that.’’ As an African-American judge on the federal Peter if he could meet this individual. St. Peter Within 2 weeks after that Judge bench he would adhere to his vision on one took Napoleon to meet this individual and to Higginbotham passed away, but he was rule of law that applied equally to all Ameri- Napoleon's surprise he recognized this per- fighting to the very end, and we owe cans. As a jurist, Judge Higginbotham au- son. Napoleon commented to St. Peter that him just a tremendous debt of grati- thored some 600 published opinions in 29 this individual had only made shoes for his tude. years, first on the U.S. District Court for the army and that St. Peter must have been mis- I thank the gentlewoman for yielding Eastern District of Pennsylvania, then on the taken. St. Peter replied, ``no I am not mis- me the time to make these comments. Third U.S. Circuit Court of Appeals and finally taken, if this individual had been given the op- Ms. JACKSON-LEE of Texas. I thank as that court's chief judge. portunity he would have been the greatest sol- the gentleman, and I do see that this is Among his many accolades, Judge dier the world would have known''. not enough time, Mr. Speaker, to be Higginbotham was awarded the Presidential Judge Higginbotham referenced this story to able to commemorate such a giant. Medal of Freedom in 1995 and the Raul highlight the many lost opportunities of Afri- Let me simply say, and I am de- Wallenberg Humanitarian Award. He was so can-Americans like his mother. He also ref- lighted that our minority whip has respected as a humanitarian, that in 1994, erenced this story to spur young people today come to the floor, but let me thank the South African President Nelson Mandela to take full advantage of their own opportuni- gentleman from North Carolina (Mr. asked Higginbotham to be an international ties. Judge Higginbotham was able to take full WATT) for his words and simply say mediator during the country's first election in advantage of his limited opportunities, which that, likewise, I chatted with Judge which blacks could vote. But despite these made themselves apparent during his life. Higginbotham on that day in the Com- achievements he was never one to turn away The first of these opportunities came with mittee on the Judiciary when we held from those without a voice. Judge Higginbotham's acceptance into the hearings on the impeachment, and At the height of racism in our country, Judge Yale Law School. Despite his father's dismay what I noted most of all was his at- Higginbotham was able to break the color bar- at why his son turned down a full scholarship tempt to show his young students, six rier and become an influential member of our to attend Law School at Rutgers, Judge of whom he had brought with him, to society. The accomplishments of Judge Higginbotham still enrolled in his first year at show them to us and us to them and to Higginbotham serve as an inspiration for all Yale in 1949. That year, he was one of only get them to understand his passion. Americans but especially for African-Ameri- three African-Americans to enroll at Yale and Let me close, Mr. Speaker, by saying cans who strive to be leaders in our society. one of only five African-Americans to enroll at that we who knew him, miss him, ad- It is fitting that my colleagues and I pause any of the five Ivy League law schools. mire him, and love him, but we know today to honor A. Leon Higginbotham because Despite the daunting challenges of racism, Evelyn and the children have an even his life provides a legacy of leadership, impar- not to mention the riggers of the academic greater feeling, and so I would simply tiality, equality, and dedication for all public curriculum at Yale, Judge Higginbotham want to bring this to my colleagues’ servants, and indeed, for all of humanity. The thrived in his new environment. He received attention: He was a giant of a man foundation for this legacy comes from two indi- more oral advocacy awards in his tenure at with a baritone voice. He had a way of viduals who provided Judge Higginbotham Yale than any law student to that point in the impacting many of us. When he donned with a nurturing and loving environment. school's history. Anytime doubt crept into his his judicial robes and he spoke from Judge Higginbotham's beginnings were indeed head regarding whether he had made the right the bench, one got the sense that God humble, but I am sure he would describe them decision, Judge Higginbotham reminded him- was speaking up. Those were the words as his perfect fortune. self of a conversation he had with a janitor. of one of his law clerks. Born on February 25, 1928, Higginbotham Yes, that is rightÐjanitor. One of the greatest Judge Higginbotham was not God was raised in Trenton, New Jersey. It is said legal minds that this country has ever seen, but, Mr. Speaker, he certainly was a that in his home there were only two booksÐ was convinced by a janitor that he made the great American who went beyond the a dictionary and a bible. Higginbotham's per- right decision to attend Yale. What most peo- call of duty to fight on the battlefield sonality and character are taken from his par- ple do not realize is that during that conversa- for equal justice and opportunity. ents, who believed that a man should be kind tion that Judge Higginbotham had with this There are few greater tributes this esteemed to everyone regardless of their social class, janitor, the janitor told Higginbotham that he body can pay an American than to recognize and that he should be strong in his convic- had worked sweeping those floors for twenty- that individual's life and work in the public tions. five years in hopes that he would see the day forum established by our Founding Fathers. Judge Higginbotham's father was a simple when African Americans entered the doors of Mr. Speaker; I rise along with several of my plant laborer. He worked at the same plant for Yale. Therefore, failure was not an option that colleagues to pay honor to the legacy of 45 years and Judge Higginbotham would say Higginbotham could accept, and he forthrightly Judge A. Leon Higginbotham. that his father was late to work only once dur- earned his law degree from Yale in 1952. He How fortunate America was to have such a ing that tenure. Judge Higginbotham acquired would eventually become the school's first dedicated soldier in the struggle for civil rights. his father's work ethic, which few matched black trustee in 1969. As a child, a young Leon Higginbotham during his career as a judge, author, legal pro- Upon graduation, perhaps because of his dreamed of being a firefighter. But it was a fessor, and humanitarian. humble origins, or because of the words of time when racism and bigotry would not allow The mother of Judge Higginbotham com- that janitor, or because of the racism that he this dream to become a reality, and it is some- pleted her education only to the sixth grade himself experienced, Judge Higginbotham what ironic that we have the ugliness of rac- level. Judge Higginbotham gave his mother made a passionate commitment to the goal of ism to thank for this advocate of civil rights. credit for his appreciation of the value of edu- equality for all human beings. This ideal be- Thus, as a youth he wanted to serve as a fire- cation and his compassion for his fellow man. came the hallmark of his life and his career as H948 CONGRESSIONAL RECORD — HOUSE March 3, 1999 he sought to help all Americans, no matter lief that they can and will make a difference in A native of Ewing, New Jersey located in how rich or how poor, no matter how influen- their careers as attorneys. He would reference my Congressional District, Judge tial or how powerful. his experiences in South Africa to illustrate his Higginbotham was widely known in his youth In his lifetime, there is not much that Judge point. In a 1982 trip to South Africa he had an as a talented musician and excellent student. Higginbotham did not doÐand do well. He has opportunity to speak before a group of future At a time when professional and academic been described by his friends, ``as performing black attorneys. In his introduction and greet- possibilities for blacks were severely limited, in each of his roles in the first rank, with abil- ing to these students he commented that it his outstanding accomplishments represented ity, dedication, energy, imagination, and cour- was a pleasure to meet the future Supreme hope that such success was within the reach age.'' His first job as an attorney came in 1952 Court Judges of South Africa. His audience of all our children. as an assistant district attorney in Philadel- laughed at this notion because at this time The African-American community knew that phia, Pennsylvania for two years. He would South Africa was still under the rule of apart- he was forced to live in an unheated attic later become a partner in a law firm there. His heid. Just a few years later, Judge room because his college had no housing for prestige grew when, in 1956, Higginbotham Higginbotham would return to South Africa at blacks. They knew of the struggle he endured became special Deputy Attorney General for the invitation of Nelson Mandela, to become at Yale Law School and during his early years Pennsylvania. an international mediator for issues surround- in the legal profession. His rise to national prominence came in ing the 1994 national elections in which all But his perseverance and refusal to settle 1962, when President John F. Kennedy ap- South Africans could participate for the first for anything less than excellence made Leon pointed him to become a commissioner of the time. On that visit, there is no doubt, that Higginbotham a living symbol of the possibili- Federal Trade Commission. President Ken- Judge Higginbotham must have thought about ties for all children. I am proud to take this time to salute Judge nedy's appointment of Higginbotham marked those students whom he had addressed in Higginbotham, and on behalf of all the citizens the first time that an African-American had be- 1982. come the head of a federal regulatory com- Judge Higginbotham often referenced this of the 12th Congressional District, would like mission. story to point out to law students that one to express my condolences to his family. Mr. CONYERS. Mr. Speaker, I rise today to In 1964, Higginbotham was appointed to the does not truly know when his or her oppor- pay tribute to a giant within American jurispru- U.S. District Court in the Eastern District of tunity will present itself. He wanted all poten- dence, Judge A. Leon Higginbotham, Jr. He Pennsylvania. President Kennedy had nomi- tial lawyers to realize the importance of their was a civil rights champion who died with his nated him in 1963, but a Mississippi Senator service to the Constitution and the laws of this blocked his appointment for a year, sup- boots on; it was only a few weeks before his nation. death that Leon Higginbotham testified before posedly because of his age. After Kennedy Judge Higginbotham is also acclaimed for the House Judiciary Committee in protest of was assassinated, President Lyndon Johnson his multi-volume study of race, ``Race and the its impeachment process. re-nominated Higginbotham to the bench and American Legal Process.'' In those books, he in 1964, at the age of thirty-five, he became Judge Higginbotham's contributions to the examined how colonial law was linked to slav- law, both as a peerless judge and superb edu- the youngest federal judge to be appointed in ery and racism, and examined how the post- some thirty years. Judge Higginbotham was cator, were immense. His love for the cause of emancipation legal system continued to per- justice made him a colossus of the civil rights only the third African-American to be ap- petuate the oppression of blacks. pointed as a federal district judge. movement. In his impeccably coherent and Just recently, Judge Higginbotham testified flawlessly logical testimony before the House In 1977, President Carter appointed him to before the House Judiciary Committee where be a judge on the Third U.S. Circuit Court of Judiciary Committee, Judge Higginbotham re- he demonstrated his firm commitment to the minded the nation's lawmakers, and the Amer- Appeals. In 1989, he became Chief Judge on Constitution before an esteemed panel of law- that same panel, which has jurisdiction over ican people, of his legal brilliance. yers, judges, and legal historians. I do not The achievements of Leon Higginbotham Pennsylvania, New Jersey and Delaware. He think that there was an American who, after retired as chief judge in 1991 and stayed on should serve as an inspiration to Americans of they heard him speak, did not turn away with all ages. His legacy is a stellar example of a as senior judge until 1993. a profound respect for his convictions, his con- He was one the most prominent and visible meritocracy at work, that diligence and oppor- siderable intellect, and his passion. tunity can be an equalizing force against the African-American judges on the federal bench. With his baritone voice that drew the envy The late Supreme Court Justice Thurgood vestiges of racism. After obtaining a brilliant of singers everywhere, Judge Higginbotham record as a civil rights attorney, he was first Marshall once called Judge Higginbotham ``a was often said to be larger than life when he great lawyer and very great judge.'' What appointed to a federal judicial post in 1964. donned his juridicial robes. ``When he spoke His performance as one of the country's most made him a great jurist was his desire to see from the bench you got the sense that God that the rule of law was fairly applied and that consistent and fair judges led to his appoint- was speaking up there,'' said Edward Dennis ment to the U.S. Circuit Court of Appeals. As all received equal treatment in his courtroom. Jr., who clerked for Higginbotham in the I am sure that his law clerks would all agree a mediator in the 1994 South African elec- 1970's. And although I am sure Judge tions, that country's first post-apartheid experi- that despite a busy schedule, he always made Higginbotham would have frowned on that time for people irrespective of the person's ment with democracy, Judge Higginbotham comparison, I am sure there are many lawyers shared with the world his judicial expertise and status or station in life. and clients who would not. While the thoughts Judge Higginbotham's career as a professor impartiality. The entire country paid him tribute and memories of his fierce questioning surely of the law was no less astonishing. As a part in 1995, when President Bill Clinton awarded continue to instill fear and respect from those of his legacy, Judge Higginbotham leaves nu- him the Presidential Medal of Freedom. There lawyers that advocated before him, I seriously merous attorneys who have benefited from his is no question that Leon Higginbotham be- doubt that any of them would ever challenge knowledge and experience. By his example, longs to that group of exceptional people his judgement, or his fairness. which any nation would be proud to call its his writing, and his teachingsÐstudents who Judge Higginbotham championed equal have had the good fortune of sitting in his own. rights and the Constitution with unmatched His outspoken courage and passionate op- classrooms have undoubtedly learned the val- passion and energy. Rest assured, although position to racism were unceasing. Judge ues of careful research, and of honesty and there will never be another A. Leon Higginbotham's condemnation of the damage fairness. Bernard Wolfman, who invited Judge Higginbotham, there remain many disciples that discrimination and disregard for individual Higginbotham to teach at Penn Law School, who will continue to follow in his legal tradi- civil rights does to the justice system made his described his aptitude and skill as a professor tion. I can only hope to be considered ``Race and the American Legal System'' one with the following description: amongst them. of the most important and influential legal texts He has demonstrated by his life’s work how Mr. HOLT. Mr. Speaker, the Honorable A. in the history of our country. one can love and serve the law at the same Leon Higginbotham, who recently passed I am honored to join my colleagues in salut- time as he makes it a proper target of trenchant criticism because of its prejudiced away at the age of 70, was a highly esteemed ing the living legacy of Leon Higginbotham. assumptions and dogma and because of the jurist, renowned scholar, noted lecturer, and His compassion and respect for the individual, harm it inflicted on the people of color civil rights leader. combined with his unrivaled knowledge and whose slavery in America the law had em- But the citizens of central New Jersey had love of the law, make him a person I am braced and whose ultimate freedom the law a special connection to Judge Higginbotham. proud to have known. We shall forever be in- was slow to promote or assure. For them, particularly the African-American debted to Judge Higginbotham for his superior Perhaps his greatest accomplishment as a community, he served as a shining example of commitment to justice and his impeccable ex- professor was to instill in his students the be- hope for the future. ample of judicial scholarship and service. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H949 Mr. PAYNE. Mr. Speaker, I am pleased to become one of the country’s most Because of the incidence of stopping join my colleagues in paying tribute to one of prominent African American judges; these women and gentlemen as they the true heroes of our time, and a personal and who, through his long and distin- come through the airport, I had a hear- hero of mine, Judge Leon Higginbotham. guished career, stood on the side of ing at the airport, organized it, and I One of the proudest moments of my life was those who needed help. had Jane Garvey, the Director of the in January of 1989, after having won election He, as we have heard, was awarded FAA, Federal Aviation Administration, to the U.S. House of Representatives for the numerous awards, including the Medal come with her top people, and she first time, when Judge Higginbotham adminis- of Freedom for his work and also the heard stories from folks who told how tered the oath of office to me at a ceremony Wallenberg Humanitarian award. they were stopped, denied passage be- in the Rayburn Foyer. Being sworn in as New He was a giant, and he certainly will cause they fit a certain profile. Jersey's first African American Congressman be missed, and I thank my colleagues One family, a good family, friends of by a man of Judge Higginbotham's Stature, for remembering him and bringing his mine, Dr. Basha and his family have who had achieved such a place in history, is spirit to light again so that the coun- been stopped on several occasions as an honor I will always remember. Earlier in my try can appreciate this remarkable they traveled on vacation to the Mid- career, Judge Higginbotham nominated me for man. dle East. Another woman told of her President of the National Council of YMCAs b 1730 son who was an Olympic rower going to and I remain grateful for that honor as well. a meet for a trial for the Olympics in It is with that that I would like to It was characteristic of Judge Higginbotham Cincinnati and he was detained, missed make a transition to another issue, but that no matter how high he rose, he was al- the flight, missed the opportunity for the transition is easy because it is a ways available whenever anyone needed his the Olympics, because he fit a certain civil rights issue, Mr. Speaker. help or guidance. He never missed an oppor- profile. We had another person who was In the Washington Post today, I read tunity to encourage young people to achieve a police officer in the Detroit area who that five workers, all Muslim women, their goals. was stopped and detained because he fit have filed a religious discrimination Judge Higginbotham was a man of great in- a profile. tellect, ability and passion for justice. He was complaint with the Equal Employment Now, let me say that this is not the a native of my home state of New Jersey, Opportunity Commission. Apparently, first airport and this is not the first in- where he grew up in the segregated society of according to this article, it was in the cident that led me to believe that air- Trenton. With determination and fortitude, he Metro section, I believe, of the Wash- port security is being contracted out to forged ahead, graduating from Yale Law ington Post, they were fired from their companies who do not have a commit- School in 1952. During President John Ken- jobs as screeners of passengers and lug- ment to treat all Americans with fair- nedy's Administration, he was appointed as gage at Dulles International Airport ness and dignity. the first African American to head the Federal because they refused to remove the Trade Commission. head scarves they wear for religious I just want to applaud these five In 1964, President Lyndon Johnson nomi- reasons. women for standing up for their reli- nated him to the U.S. District Court for the Their employer, Argenbright Secu- gious beliefs and for their rights, for Eastern District of Pennsylvania. He joined the rity, Incorporated, told them they their rights on the job. I intend to con- Third Circuit Court of Appeals in Philadelphia would have to give up their head tact the FAA about this situation and in 1977, where he retired as Chief Judge in scarves or give up their jobs. Now, to insist that companies providing se- 1991. faced with such a choice, they chose to curity at our airports do so without honor their religious commitment. President Clinton awarded Judge discriminating against Americans re- As a result of the women’s complaint Higginbotham the Presidential Medal of Free- gardless of their religious faith or their to the EEOC, Argenbright Security is dom in 1995 and in 1996, he was honored ethnic heritage. now backtracking. The company has with the NAACP's Springarn Medal. issued a statement denying religious Mr. Speaker, Judge Higginbotham was truly f discrimination and inviting these five larger than life. Let us honor his memory and women to return to work. carry forth his proud legacy. What this incident does, though, is COMMUNICATION FROM THE f raise a larger issue, and, that is, of the CHAIRMAN OF THE COMMITTEE ON THE BUDGET REGARDING IN- GENERAL LEAVE widespread and systematic discrimina- tion against Muslims and Arab Ameri- TERIM BUDGET ALLOCATIONS Ms. JACKSON-LEE of Texas. Mr. cans at airports all across this country. AND AGGREGATES FOR FISCAL Speaker, I ask unanimous consent that Under current procedures, security YEARS 1999–2003 all Members may have 5 legislative companies like Argenbright are used to days within which to revise and extend The SPEAKER pro tempore. Under a enforce profiling standards to ensure previous order of the House, the gen- their remarks on this tribute to Judge airport security. Higginbotham. tleman from Ohio (Mr. KASICH) is rec- But you have to ask yourselves that ognized for 5 minutes. The SPEAKER pro tempore (Mr. if firms like Argenbright cannot even COOKSEY). Is there objection to the re- treat their Muslim employees fairly, Mr. KASICH. Mr. Speaker, pursuant to Sec- quest of the gentlewoman from Texas? how are we to believe they will treat tion 2 of House Resolution 5, I submit for There was no objection. Muslim passengers whom they do not printing in the CONGRESSIONAL RECORD interim f even know in a fair and courteous man- budget aggregates and allocations for fiscal ner? year 1999 and for the period of fiscal years DISCRIMINATION CONTINUES AT Now, we all understand that airport 1999 through fiscal year 2003. This submis- AMERICA’S AIRPORTS security is a must. But the people who sion includes the budget aggregates and allo- The SPEAKER pro tempore. Under a are responsible for it should be trained cations to the Committee on Appropriations previous order of the House, the gen- in a way that ensures cultural sensitiv- that were not included in my submission on tleman from Michigan (Mr. BONIOR) is ity and fairness as they carry out these February 25. recognized for 5 minutes. important responsibilities. This These interim levels will be used to enforce Mr. BONIOR. Mr. Speaker, let me profiling issue is a huge embarrass- sections 302(f), 303(a) and 311(a) of the Con- just begin by echoing the comments of ment and problem, especially in the gressional Budget Act of 1974. Section 303(a) the gentlewoman from Houston, Texas Detroit metropolitan airport. We have, prohibits the consideration of legislation that (Ms. JACKSON-LEE) and the gentleman as many of my colleagues may know, provides new budget authority or changes in from North Carolina (Mr. WATT) about in the State of Michigan a large Arab- revenues until Congress has agreed to a a real giant in our history, Judge American and Muslim population, al- budget resolution for the appropriate fiscal Higginbotham, who was a noted de- most 700,000, close to 8 percent of our year. Sections 302(f) and 311(a) prohibit the fender of civil rights; who went on to State. consideration of legislation that exceeds the H950 CONGRESSIONAL RECORD — HOUSE March 3, 1999 appropriate budgetary levels set forth in budg- 477 (H. Rept. 105±585) except that they re- ALLOCATIONS OF SPENDING AUTHORITY TO HOUSE et resolution and the accompanying report. flect adjustments for emergencies, arrerages COMMITTEES Without these interim levels, the House and other items under section 314 of the Con- Appropriations Committee would be prohibited under section 303(a) of gressional Budget Act. the Budget Act from considering legislation Budget These levels are effective until they are su- Authority Outlays with even negligible budgetary effects in cer- perseded by a conference report on the con- tain fiscal years because a budget resolution current budget resolution. Fiscal year 1999: is not in effect for the current fiscal year. Nondefense* ...... 287,107 273,837 If there are any questions on these interim Defense* ...... 279,891 271,403 There would be no levels to make determina- allocations and aggregates, please contact Violent Crime Reduction* ...... 5,800 4,953 tions under sections 302(f) and 311(a) for fis- Jim Bates, Chief Counsel of the Budget Com- Highways* ...... 0 21,885 Mass Transit* ...... 0 4,401 cal year 1999 and such determinations for the mittee, at ext. 6±7270. five year period would be based on the now- Total Discretionary Action ...... 572,798 576,479 obsolete levels set forth under H. Con. Res. APPROPRIATE LEVELS Current Law Mandatory ...... 291,758 283,468 84 (H. Rept. 105±116) in 1997. * Shown for display purposes only. The interim allocations and aggregates are Fiscal years essentially set at current law levels. They re- 1999 1999–2003 flect legislation enacted through the end of the Budget Authority ...... 1,443,821 (1) 105th Congress as estimated by the Congres- Outlays ...... 1,392,861 (1) sional Budget Office (CBO). In the case of the Revenues ...... 1,368,374 7,284,605 Committee on Appropriations, the allocations 1 Not applicable because annual appropriations acts for Fiscal Years are identical to the levels set forth in H. Res. 2000–2003 will not be considered until future sessions of Congress. ALLOCATIONS OF SPENDING AUTHORITY TO HOUSE COMMITTEES Committees Other than Appropriations

Total Budget year 1999 2000 2001 2002 2003 1999–2003

AGRICULTURE COMMITTEE Current Law: BA ...... 17,337 9,727 8,499 6,967 2,738 45,268 OT ...... 14,885 5,927 5,729 4,374 51 30,966 Reauthorizations: BA ...... 0 0 0 0 28,328 28,328 OT ...... 0 0 0 0 27,801 27,801 Total: BA ...... 17,337 9,727 8,499 6,967 31,066 73,596 OT ...... 14,885 5,927 5,729 4,374 27,852 58,767 ARMED SERVICES COMMITTEE Current Law: BA ...... 47,809 49,218 50,895 52,579 54,366 254,867 OT ...... 47,672 49,108 50,792 52,476 54,273 254,321 BANKING AND FINANCIAL SERVICES COMMITTEE Current Law: BA ...... 3,442 4,586 5,431 5,297 5,027 23,783 OT ...... 874 ¥2,016 ¥473 ¥24 186 ¥1,453 COMMITTEE ON EDUCATION AND THE WORKFORCE Current Law: BA ...... 3,303 4,503 5,061 5,495 5,424 23,786 OT ...... 2,744 3,829 4,366 4,835 4,955 20,729 Discretionary Action: BA ...... 0 0 0 305 305 610 OT ...... 0 0 0 92 275 367 Total: BA ...... 3,303 4,503 5,061 5,800 5,729 24,396 OT ...... 2,744 3,829 4,366 4,927 5,230 21,096 COMMERCE COMMITTEE Current Law: BA ...... 8,663 10,247 12,263 15,747 16,015 62,935 OT ...... 5,421 8,351 10,963 16,458 16,942 58,135 INTERNATIONAL RELATIONS COMMITTEE Current Law: BA ...... 10,924 9,888 9,982 9,557 8,711 49,062 OT ...... 12,162 11,516 10,860 10,415 9,698 54,651 GOVERNMENT REFORM COMMITTEE Current Law: BA ...... 57,886 59,661 61,516 63,577 65,822 308,462 OT ...... 56,644 58,365 60,164 62,174 64,396 301,743 Discretionary Action: BA ...... 0 2 4 4 4 14 OT ...... 0 2 4 4 4 14 Total: BA ...... 57,886 59,663 61,520 63,581 65,826 308,476 OT ...... 56,644 58,367 60,168 62,178 64,400 301,757 COMMITTEE ON HOUSE ADMINISTRATION Current Law: BA ...... 93 90 90 90 93 456 OT ...... 56 262 49 13 57 437 RESOURCES COMMITTEE Current Law: BA ...... 2,296 2,391 2,370 2,319 2,351 11,727 OT ...... 2,253 2,254 2,332 2,205 2,326 11,370 JUDICIARY COMMITTEE Current Law: BA ...... 4,759 4,548 4,550 4,539 4,631 23,027 OT ...... 4,578 4,371 4,461 4,617 4,622 22,649 TRANSPORTATION AND INFRASTRUCTURE COMMITTEE Current Law: BA ...... 49,121 48,697 49,721 50,714 51,714 249,967 OT ...... 16,114 16,021 16,026 15,834 15,722 79,717 Discretionary Action: BA ...... 1,205 2,410 2,410 2,410 2,410 10,845 OT ...... 0 0 0 0 0 0 Total: BA ...... 50,326 51,107 52,131 53,124 54,124 260,812 March 3, 1999 CONGRESSIONAL RECORD — HOUSE H951 ALLOCATIONS OF SPENDING AUTHORITY TO HOUSE COMMITTEES—Continued Committees Other than Appropriations

Total Budget year 1999 2000 2001 2002 2003 1999–2003

OT ...... 16,114 16,021 16,026 15,834 15,722 79,717 SCIENCE COMMITTEE Current Law: BA ...... 38 38 35 32 32 175 OT ...... 33 36 36 36 34 175 SMALL BUSINESS COMMITTEE Current Law: BA ...... ¥414 0 0 0 0 ¥414 OT ...... ¥585 ¥156 ¥140 ¥125 ¥110 ¥1,116 VETERANS’ AFFAIRS COMMITTEE Current Law: BA ...... 1,182 1,144 1,077 990 931 5,324 OT ...... 1,296 1,358 1,331 1,316 1,355 6,656 Discretionary Action: BA ...... 0 394 874 1,367 1,868 4,503 OT ...... 0 360 833 1,325 1,824 4,342 Total: BA ...... 1,182 1,538 1,951 2,357 2,799 9,827 OT ...... 1,296 1,718 2,164 2,641 3,179 10,998 WAYS AND MEANS COMMITTEE Current Law: BA ...... 671,063 676,265 692,412 705,685 728,575 3,474,000 OT ...... 659,770 666,279 684,407 696,184 721,486 3,428,126 Reauthorizations: BA ...... 0 0 0 0 19,553 19,553 OT ...... 0 0 0 0 17,312 17,312 Discretionary Action: BA ...... 0 ¥2 0 0 0 ¥2 OT ...... 0 ¥2 0 0 0 ¥2 Total: BA ...... 671,063 676,263 692,412 705,685 728,575 3,473,998 OT ...... 659,770 666,277 684,407 696,184 721,486 3,428,124

LEAVE OF ABSENCE Mr. BLUMENAUER, for 5 minutes, Mr. BONIOR, for 5 minutes, today. By unanimous consent, leave of ab- today. sence was granted to: Mr. FILNER, for 5 minutes, today. f Mr. SMITH of Washington, for 5 min- Mr. EVANS (at the request of Mr. GEP- utes, today. HARDT), for today and for the balance SENATE BILL REFERRED Mr. HOEFFEL, for 5 minutes, today. of the week, on account of a death in Mr. PALLONE, for 5 minutes, today. A bill of the Senate of the following the family. (The following Members (at the re- title was taken from the Speaker’s Ms. SANCHEZ (at the request of Mr. quest of Mr. MORAN of Kansas) to re- table and, under the rule, referred as GEPHARDT), for today and March 4, on vise and extend their remarks and in- follows: account of official business. clude extraneous material:) S. 314. An act to provide for a loan guaran- Ms. CARSON (at the request of Mr. Ms. ROS-LEHTINEN, for 5 minutes tee program to address the Year 2000 com- GEPHARDT), for today, on account of today. puter problems of small business concerns, personal business. Mr. MILLER of Florida, for 5 minutes, and for other purposes; to the Committee on f today. Small Business. SPECIAL ORDERS GRANTED Mr. GUTKNECHT, for 5 minutes, today. Mr. SOUDER, for 5 minutes, today. f By unanimous consent, permission to Mr. WOLF, for 5 minutes each, today address the House, following the legis- and March 4. ADJOURNMENT lative program and any special orders Mr. SHIMKUS, for 5 minutes, today. heretofore entered, was granted to: Mr. CUNNINGHAM, for 5 minutes, Mr. BONIOR. Mr. Speaker, I move (The following Members (at the re- today. that the House do now adjourn. quest of Mr. MCNULTY) to revise and Mr. GEKAS, for 5 minutes, today. The motion was agreed to; accord- extend their remarks and include ex- (The following Member (at his own ingly (at 5 o’clock and 34 minutes traneous material:) request) to revise and extend his re- p.m.), the House adjourned until to- Mr. BOSWELL, for 5 minutes, today. marks and include extraneous mate- morrow, Thursday, March 4, 1999, at 10 Ms. NORTON, for 5 minutes, today. rial:) a.m. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports and amended reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel dur- ing the third and fourth quarters of 1998 by Committees of the House of Representatives, as well as a consolidated report of foreign currencies and U.S. dollars utilized for speaker-authorized official travel during first quarter of 1999, pursuant to Public Law 95–384, are as follows:

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Gary Condit ...... 8/21 8/26 Egypt ...... 1,254.00 ...... (3) ...... 679.84 ...... 1,933.84 Hon. Bob Smith ...... 8/21 8/26 Egypt ...... (3) ...... 559.84 ...... 559.84 Hon. Tom Ewing ...... 8/21 8/26 Egypt ...... (3) ...... 559.84 ...... 559.84 Hon. Bill Barrett ...... 8/21 8/26 Egypt ...... (3) ...... 559.84 ...... 559.84 Hon. Collin Peterson ...... 8/21 8/26 Egypt ...... (3) ...... 559.84 ...... 559.84 Paul Unger ...... 8/21 8/26 Egypt ...... (3) ...... 559.84 ...... 559.84 Lynn Gallagher ...... 8/21 8/26 Egypt ...... (3) ...... 559.84 ...... 559.84 Jason Vaillancourt ...... 8/21 8/26 Egypt ...... (3) ...... 559.84 ...... 559.84 H952 CONGRESSIONAL RECORD — HOUSE March 3, 1999 AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 1998—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Brian MacDonald ...... 8/21 8/26 Egypt ...... (3) ...... 559.84 ...... 559.84 Andy Baker ...... 8/21 8/26 Egypt ...... (3) ...... 559.84 ...... 559.84

Committee total ...... 6,972.40 ...... 6,972.40 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BOB SMITH, Chairman, Feb. 18, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON GOVERNMENT REFORM AND OVERSIGHT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAN BURTON, Chairman, Feb. 1, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Lloyd Jones ...... 11/3 11/10 Australia/New Caledonia/Western ...... 1,596.00 ...... 7,574.13 ...... 9,170.13 Samoa/New Zealand. Manase Mansur ...... 11/3 11/10 Australia/New Caledonia/Western ...... 1,596.00 ...... 7,574.13 ...... 9,170.13 Samoa/New Zealand. Bonnie Bruce ...... 11/14 11/28 Spain ...... 1,700.00 ...... 1,750.23 ...... 3,450.23 Sharon McKenna ...... 11/14 11/23 Spain ...... 1,700.00 ...... 1,407.23 ...... 3,107.23

Committee total ...... 6,592.00 ...... 18,305.72 ...... 24,897.72 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DON YOUNG, Chairman, Jan. 29, 1999.

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Phil Kiko ...... 11/13 11/17 New Zealand ...... 1,070.00 ...... 1,936.00 ...... 3,006.00 11/17 11/21 Antarctica ...... 11/21 11/22 New Zealand ...... William Stiles ...... 11/14 11/17 New Zealand ...... 875.00 ...... 2,394.67 ...... 3,269.67 11/17 11/21 Antarctica ...... 11/21 12/01 New Zealand ...... Steve Eule ...... 11/14 11/17 New Zealand ...... 875.00 ...... 2,376.00 ...... 3,251.00 11/17 11/21 Antarctica ...... 11/21 11/22 New Zealand ...... Hon. George E. Brown, Jr ...... 12/5 12/13 Mexico ...... 1,919.00 ...... 829.76 ...... 2,748.76 Michael Quear ...... 12/5 12/13 Mexico ...... 1,919.00 ...... 829.76 ...... 2,748.76 Myndii Gottlieb ...... 12/6 12/12 Mexico ...... 1,422.00 ...... 713.94 ...... 2,135.94

Committee total ...... 8,080.00 ...... 9,080.13 ...... 17,160.13 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. F. JAMES SENSENBRENNER, Jr., Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Elizabeth Larson ...... 11/30 12/10 Europe ...... 3,250.00 ...... (3) ...... 3,250.00 Michael Meermans ...... 12/2 12/3 Europe ...... 213.00 ...... 213.00 12/3 12/6 Middle East ...... 405.00 ...... 405.00 12/6 12/8 Europe ...... 306.00 ...... 306.00 Commercial airfare ...... 4,029.24 ...... 4,029.24 Merrell Moorhead ...... 12/2 12/3 Europe ...... 213.00 ...... 213.00 12/3 12/6 Middle East ...... 405.00 ...... 405.00 12/6 12/8 Europe ...... 306/00 ...... 306.00 Commercial airfare ...... 4,029.24 ...... 4,029.24 Catherine Eberwein ...... 12/9 12/12 Europe ...... 1,042.00 ...... 1,042.00 March 3, 1999 CONGRESSIONAL RECORD — HOUSE H953 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 1998—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Commercial airfare ...... 5,235.97 ...... 5,325.97 Committee total ...... 6,140.00 ...... 13,384.45 ...... 19.524.45 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportaion. PORTER J. GOSS, Feb. 12, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO SOUTH KOREA, INDONESIA, HONG KONG, AND JAPAN, EXPENDED BETWEEN JAN. 8 AND JAN. 19, 1999

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Jim Kolbe ...... 1/10 1/11 South Korea ...... 260.82 ...... (3) ...... Hon. Doug Bereuter ...... 1/10 1/11 South Korea ...... 260.82 ...... (3) ...... Hon. Connie Morella ...... 1/10 1/11 South Korea ...... 260.82 ...... (3) ...... Hon. Jim Moran ...... 1/10 1/11 South Korea ...... 260.82 ...... (3) ...... Hon. Jim Greenwood ...... 1/10 1/11 South Korea ...... 260.82 ...... (3) ...... Hon. Jerry Weller ...... 1/10 1/11 South Korea ...... 260.82 ...... (3) ...... Hon. Earl Blumenauer ...... 1/10 1/11 South Korea ...... 260.82 ...... (3) ...... Hon. Steve Kuykendall ...... 1/10 1/11 South Korea ...... 260.82 ...... (3) ...... Everett Eissenstat ...... 1/10 1/11 South Korea ...... 260.82 ...... (3) ...... Jamie McCormick ...... 1/10 1/11 South Korea ...... 260.82 ...... (3) ...... Mike Ennis ...... 1/10 1/11 South Korea ...... 260.82 ...... (3) ...... Hon. Jim Kolbe ...... 1/11 1/14 Indonesia ...... 554.31 ...... (3) ...... Hon. Doug Bereuter ...... 1/11 1/14 Indonesia ...... 554.31 ...... (3) ...... Hon. Connie Morella ...... 1/11 1/14 Indonesia ...... 554.31 ...... (3) ...... Hon. Jim Moran ...... 1/11 1/14 Indonesia ...... 554.31 ...... (3) ...... Hon. Jim Greenwood ...... 1/11 1/14 Indonesia ...... 554.31 ...... (3) ...... Hon. Jerry Weller ...... 1/11 1/14 Indonesia ...... 554.31 ...... (3) ...... Hon. Earl Blumenauer ...... 1/11 1/14 Indonesia ...... 554.31 ...... (3) ...... Hon. Steve Kuykendall ...... 1/11 1/14 Indonesia ...... 554.31 ...... (3) ...... Everett Eissenstat ...... 1/11 1/14 Indonesia ...... 554.31 ...... (3) ...... Jamie McCormick ...... 1/11 1/14 Indonesia ...... 554.31 ...... (3) ...... Mike Ennis ...... 1/11 1/14 Indonesia ...... 554.31 ...... (3) ...... Hon. Jim Kolbe ...... 1/14 1/17 Hong Kong ...... 888.21 ...... (3) ...... Hon. Doug Bereuter ...... 1/14 1/16 Hong Kong ...... 538.14 ...... (3) ...... Hon. Connie Morella ...... 1/14 1/17 Hong Kong ...... 888.21 ...... (3) ...... Hon. Jim Moran ...... 1/14 1/17 Hong Kong ...... 888.21 ...... (3) ...... Hon. Jerry Weller ...... 1/14 1/17 Hong Kong ...... 888.21 ...... (3) ...... Hon. Earl Blumenauer ...... 1/14 1/17 Hong Kong ...... 888.21 ...... (3) ...... Hon. Steve Kuykendall ...... 1/14 1/17 Hong Kong ...... 888.21 ...... (3) ...... Everett Eissenstat ...... 1/14 1/17 Hong Kong ...... 888.21 ...... (3) ...... Jamie McCormick ...... 1/14 1/17 Hong Kong ...... 888.21 ...... (3) ...... Mike Ennis ...... 1/14 1/17 Hong Kong ...... 888.21 ...... (3) ...... Hon. Jim Kolbe ...... 1/17 1/19 Japan ...... 577.16 ...... (3) ...... Hon. Doug Bereuter ...... 1/18 1/19 Japan ...... 238.00 ...... (3) ...... Hon. Connie Morella ...... 1/17 1/19 Japan ...... 577.16 ...... (3) ...... Hon. Jim Moran ...... 1/17 1/19 Japan ...... 577.16 ...... (3) ...... Hon. Jerry Weller ...... 1/17 1/19 Japan ...... 577.16 ...... (3) ...... Hon. Earl Blumenauer ...... 1/17 1/19 Japan ...... 577.16 ...... (3) ...... Hon. Steve Kuykendall ...... 1/17 1/19 Japan ...... 577.16 ...... (3) ...... Everett Eissenstat ...... 1/17 1/19 Japan ...... 577.16 ...... (3) ...... Jamie McCormick ...... 1/17 1/19 Japan ...... 577.16 ...... (3) ...... Mike Ennis ...... 1/17 1/19 Japan ...... 577.16 ...... (3) ...... Committee total ...... 22,930.90 ...... 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JIM KOLBE, Feb. 2, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO FINLAND, GERMANY, FRANCE, AND AUSTRIA, EXPENDED BETWEEN JAN. 9 AND JAN. 18, 1999

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Peter Davidson ...... 1/10 1/12 Finland ...... 568.00 ...... 568.00 1/12 1/14 Germany ...... 508.00 ...... 508.00 Chaplain James D. Ford ...... 1/10 1/12 Finland ...... 568.00 ...... 568.00 1/12 1/14 Germany ...... 508.00 ...... 508.00 1/14 1/16 France ...... 502.00 ...... 502.00 1/16 1/18 Austria ...... 480.00 ...... 480.00 Total ...... 3,134.00 ...... 3,134.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BEN GILMAN, Feb. 10, 1999.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO PERU, EXPENDED BETWEEN JAN. 9, AND JAN. 14, 1999

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Robert Van Wicklin (Rep. Amo Houghton’s Office) 1/9 1/14 Peru ...... 1,224.00 ...... 3,260.40 ...... 4,484.40 H954 CONGRESSIONAL RECORD — HOUSE March 3, 1999 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO PERU, EXPENDED BETWEEN JAN. 9, AND JAN. 14, 1999—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Committee total ...... 1,224.00 ...... 3,260.40 ...... 4,484.40 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h RON KIND, Feb. 22, 1999.

EXECUTIVE COMMUNICATIONS, tors [NUREG–1600, Rev. 1] received February copy of D.C. ACT 12–586, ‘‘Sex Offender Reg- ETC. 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to istration Risk Assessment Clarification the Committee on Commerce. Amendment Act of 1998’’ received February Under clause 8 of rule XII, executive 855. A letter from the Secretary, Securities 23, 1999, pursuant to D.C. Code section 1– communications were taken from the and Exchange Commission, transmitting the 233(c)(1); to the Committee on Government Speaker’s table and referred as follows: Commission’s final rule—OTC Derivatives Reform. 865. A letter from the Chairman, Council of 846. A letter from the Secretary of the Dealers [Release No. 34–40594; File No. S7–30– the District of Columbia, transmitting a Navy, transmitting certification that the 97] (RIN: 3235–AH16) received February 9, copy of D.C. Act 12–628, ‘‘Advisory Neighbor- Department of the Navy has converted the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the hood Commissions Management Control and Fisher House Trust Fund to a non- Committee on Commerce. 856. A letter from the Secretary of Com- Funding Temporary Amendment Act of 1999’’ appropriated fund instrumentality (NAFI); merce, transmitting the Bureau of Export received February 23, 1999, pursuant to D.C. to the Committee on Armed Services. Administration’s ‘‘Annual Report for Fiscal Code section 1–233(c)(1); to the Committee on 847. A letter from the Secretary of Defense, Year 1998’’ and the ‘‘1999 Foreign Policy Ex- Government Reform. transmitting a report containing informa- port Controls Report,’’ pursuant to 50 U.S.C. 866. A letter from the Chairman, Council of tion on the retention of members of the app. 2413; to the Committee on International the District of Columbia, transmitting a Armed Forces; to the Committee on Armed Relations. copy of D.C. ACT 12–607, ‘‘Health Benefits Services. 857. A letter from the Assistant Secretary Plan Members Bill of Rights Act of 1998’’ re- 848. A letter from the Principal Deputy, for Export Administration, Department of ceived February 23, 1999, pursuant to D.C. Under Secretary of Defense, transmitting Commerce, transmitting the Department’s Code section 1–233(c)(1); to the Committee on the annual report on operations of the Na- final rule—Exports of High Performance Government Reform. tional Defense Stockpile; to the Committee Computers under License Exception CTP 867. A letter from the Chairman, Council of on Armed Services. [Docket No. 981208298–8298–01] (RIN: 0694– the District of Columbia, transmitting a 849. A communication from the President AB82) received January 20, 1999, pursuant to copy of D.C. ACT 12–397, ‘‘Establishment of of the United States, transmitting a copy of 5 U.S.C. 801(a)(1)(A); to the Committee on Council Contract Review Criteria, Alley Presidential Determination No. 98–36: Ex- International Relations. Closing, Budget Support, and Omnibus Regu- empting the United States Air Force’s oper- 858. A letter from the Assistant Secretary latory Reform Amendment Act of 1998’’ re- ating location near Groom Lake, Nevada, for Export Administration, Department of ceived February 23, 1999, pursuant to D.C. from any Federal, State, interstate, or local Commerce, transmitting the Department’s Code section 1–233(c)(1); to the Committee on hazardous or solid waste laws that might re- final rule—Revisions to the Commerce Con- Government Reform. quire the disclosure of classified information trol List: Changes in Missile Technology 868. A letter from the Chairman, Council of concerning that operating location to unau- Controls [Docket No. 990112008–9008–01] (RIN: the District of Columbia, transmitting a thorized persons, pursuant to 42 U.S.C. 6961; 0694–AB75) received February 9, 1999, pursu- copy of D.C. ACT 12–380, ‘‘Assault on an In- to the Committee on Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee spector or Investigator and Revitalization 850. A letter from the Director, Office of on International Relations. Corporation Amendment Act of 1998’’ re- Regulatory Management and Information, 859. A letter from the Assistant Secretary ceived February 23, 1999, pursuant to D.C. Environmental Protection Agency, transmit- for Legislative Affairs, Department of State, Code section 1–233(c)(1); to the Committee on ting the Agency’s final rule—Re-issue of the transmitting the Department’s final rule— Government Reform. Early Planning Guidance for the Revised Schedule of Fees for Consular Services, De- 869. A letter from the Chairman, Council of Ozone and Particulate Matter (PM) National partment of State and Overseas Embassies the District of Columbia, transmitting a Ambient Air quality Standards (NAAQS)— and Consulates—received February 1, 1999, copy of D.C. ACT 12–633 ‘‘Closing of Public received February 17, 1999, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Alleys in Square 51, S.O. 98–145, Temporary U.S.C. 801(a)(1)(A); to the Committee on mittee on International Relations. Act of 1999’’ received February 23, 1999, pur- Commerce. 860. A letter from the Chairman, Council of suant to D.C. Code section 1–233(c)(1); to the 851. A letter from the Director, Office of the District of Columbia, transmitting a Committee on Government Reform. Regulatory Management and Information, copy of D.C. Act 12–574, ‘‘Home Purchase As- 870. A letter from the Chairman, Council of Environmental Protection Agency, transmit- sistance Step Up Fund Act of 1998’’ received the District of Columbia, transmitting a ting the Agency’s final rule—Quality Assur- February 23, 1999, pursuant to D.C. Code sec- copy of D.C. ACT 12–632 ‘‘Bethea-Welch Post ance Guidance Document 2.12—Monitoring tion 1–233(c)(1); to the Committee on Govern- 7284, Veterans of Foreign Wars Equitable PM 2.5 in Ambient Air Using Designated Ref- ment Reform. Real Property Tax Relief Temporary Act of 861. A letter from the Chairman, Council of erence of Class I Equivalent Methods—re- 1999’’ received February 23, 1999, pursuant to the District of Columbia, transmitting a D.C. Code section 1–233(c)(1); to the Commit- ceived February 17, 1999, pursuant to 5 U.S.C. copy of D.C. Act 12–580, ‘‘Equal Opportunity tee on Government Reform. 801(a)(1)(A); to the Committee on Commerce. for Local, Small, and Disadvantaged Busi- 871. A letter from the Chairman, Council of 852. A letter from the Chairman, Nuclear ness Enterprises Act of 1998’’ received Feb- the District of Columbia, transmitting a Regulatory Commission, transmitting a re- ruary 23, 1999, pursuant to D.C. Code section copy of D.C. ACT 12–631, ‘‘Annuitants’ Health port on the nondisclosure of Safeguards In- 1–233(c)(1); to the Committee on Government and Life Insurance Employer Contribution formation for the calendar year quarter be- Reform. Temporary Amendment Act of 1999’’ received ginning October 1 and extending through De- 862. A letter from the Chairman, Council of February 23, 1999, pursuant to D.C. Code sec- cember 31, 1998, pursuant to 42 U.S.C. 2167(e); the District of Columbia, transmitting a tion 1–233(c)(1); to the Committee on Govern- to the Committee on Commerce. copy of D.C. Act 12–629, ‘‘TANF-related Med- ment Reform. 853. A letter from the Director, Office of icaid Managed Care Program Technical Clar- 872. A letter from the Chairman, Council of Congressional Affairs, Nuclear Regulatory ification Temporary Amendment Act of the District of Columbia, transmitting a Commission, transmitting the Commission’s 1999’’ received February 23, 1999, pursuant to copy of D.C. ACT 12–609, ‘‘Comprehensive final rule—Spent Fuel Heat Generation in an D.C. Code section 1–233(c)(1); to the Commit- Plan Amendment Act of 1998’’ received Feb- Independent Spent Fuel Storage Installa- tee on Government Reform. ruary 23, 1999, pursuant to D.C. Code section tion—received February 22, 1999, pursuant to 863. A letter from the Chairman, Council of 1–233(c)(1); to the Committee on Government 5 U.S.C. 801(a)(1)(A); to the Committee on the District of Columbia, transmitting a Reform. Commerce. copy of D.C. ACT 12–576, ‘‘Closing of a Public 873. A letter from the Senior Vice Presi- 854. A letter from the Director, Office of Alley in Square 371, S.O. 96–202, Act of 1998’’ dent and Chief Financial Officer, Potomac Congressional Affairs, Nuclear Regulatory received February 23, 1999, pursuant to D.C. Electric Power Company, transmitting a Commission, transmitting the Commission’s Code section 1–233(c)(1); to the Committee on copy of the Balance Sheet of Potomac Elec- final rule—Policy and Procedure for NRC En- Government Reform. tric Power Company as of December 31, 1998, forcement Actions; Revised Treatment of Se- 864. A letter from the Chairman, Council of pursuant to D.C. Code section 43–513; to the verity Level IV Violations at Power Reac- the District of Columbia, transmitting a Committee on Government Reform. March 3, 1999 CONGRESSIONAL RECORD — HOUSE H955 874. A letter from the Chairman, Merit REPORTS OF COMMITTEES ON employees providing air safety information; Systems Protection Board, transmitting the PUBLIC BILLS AND RESOLUTIONS to the Committee on Transportation and In- Board’s report for fiscal year 1998 listing the frastructure. number of appeals submitted, the number Under clause 2 of rule XIII, reports of By Mr. CAMPBELL: processed to completion, and the number not committees were delivered to the Clerk H.R. 954. A bill to amend the Internal Rev- completed by the originally announced date, for printing and reference to the proper enue Code of 1986 to allow a credit against pursuant to 5 U.S.C. 7701(i)(2); to the Com- calendar, as follows: income tax for expenses incurred by tax- payers in transporting food to food banks; to mittee on Government Reform. Mr. SHUSTER: Committee on Transpor- the Committee on Ways and Means. 875. A letter from the Director, Office of In- tation and Infrastructure. H.R. 701. A bill to sular Affairs, Department of the Interior, By Mr. COLLINS: amend the Robert T. Stafford Disaster Relief H.R. 955. A bill to expand the geographic transmitting the fourth annual report on the and Emergency Assistance Act to authorize area of the TRICARE Senior Supplement Federal-CNMI Initiative on Labor, Immigra- a program for predisaster mitigation, to demonstration project for certain covered tion, and Law Enforcement; to the Commit- streamline the administration of disaster re- beneficiaries under chapter 55 of title 10, tee on Resources. lief, to control the Federal costs of disaster United States Code, to include one addi- 876. A letter from the Secretary, Judicial assistance, and for other purposes; with tional site; to the Committee on Armed Conference of the United States, transmit- amendments (Rept. 106–40). Referred to the Services. ting a request on behalf of the Judicial Con- Committee of the Whole House on the State By Mr. GIBBONS (for himself and Ms. ference of the United States that Congress of the Union. BERKLEY): approve the consolidation of the office of the Mr. GOSS: Committee on Rules. House H.R. 956. A bill to designate the new hos- bankruptcy clerk and the office of the dis- Resolution 91. Resolution providing for con- pital bed replacement building at the Ioannis trict clerk of court in the Southern District sideration of the bill (H.R. 707) to amend the A. Lougaris Department of Veterans Affairs of West Virginia; to the Committee on the Robert T. Stafford Disaster Relief and Emer- Medical Center in Reno, Nevada, in honor of Judiciary. gency Assistance Act to authorize a program Jack Streeter; to the Committee on Veter- 877. A letter from the General Counsel, De- for predisaster mitigation, to streamline the ans’ Affairs. partment of Transportation, transmitting administration of disaster relief, to control By Mr. HULSHOF (for himself, Mrs. the Department’s final rule—Magnetic Levi- the Federal costs of disaster assistance, and THURMAN, Mr. COMBEST, Mr. HOUGH- tation Transportation Technology Deploy- for other purposes. (Rept. 106–41). Referred to TON, Mr. HERGER, Mr. MCCRERY, Mr. ment Program [FRA Docket No. FRA–95– the House Calendar. NUSSLE, Mr. ENGLISH, Mr. WATKINS, 4545; Notice No. 2] (RIN: 2130–AB29) received f Mr. HAYWORTH, Mr. WELLER, Mr. February 22, 1999, pursuant to 5 U.S.C. FOLEY, Mr. LEWIS of Kentucky, Mr. 801(a)(1)(A); to the Committee on Transpor- PUBLIC BILLS AND RESOLUTIONS BARRETT of Nebraska, Mr. CONDIT, tation and Infrastructure. Under clause 2 of rule XII, public Mr. BOEHNER, Mr. DOOLEY of Califor- 878. A letter from the General Counsel, De- bills and resolutions were introduced nia, Mr. EWING, Mr. MINGE, Mr. partment of Transportation, transmitting and severally referred, as follows: POMBO, Mr. BALDACCI, Mr. SMITH of Michigan, Mr. HOSTETTLER, Mr. the Department’s final rule—Policy and Pro- By Mr. PALLONE: cedures Concerning the Use of Airport Reve- MORAN of Kansas, Mr. THUNE, Mr. H.R. 950. A bill to amend the Federal Water JENKINS, Mr. CALVERT, Mr. GUT- nue [Docket No. 28472] (RIN: 2120–AG01) re- Pollution Control Act to improve the quality ceived February 22, 1999, pursuant to 5 U.S.C. KNECHT, Mr. OSE, Mr. HAYES, Mr. of beaches and coastal recreation waters, and TALENT, Ms. DANNER, Mrs. EMERSON, 801(a)(1)(A); to the Committee on Transpor- for other purposes; to the Committee on tation and Infrastructure. Mr. GORDON, Mrs. BONO, Mr. SHOWS, Transportation and Infrastructure. Mr. NETHERCUTT, Mr. ISTOOK, Mr. 879. A letter from the Director, Office of By Mr. DUNCAN: SNYDER, Mr. BEREUTER, Ms. WOOL- Regulations Management, Office of General H.R. 951. A bill to amend title 49, United SEY, Mr. PAUL, Mr. BOUCHER, Mr. Counsel, Department of Veterans Affairs, States Code, to provide assistance and slots DOOLITTLE, Mr. MURTHA, Mr. HILL of transmitting the Department’s final rule— with respect to air carrier service between Montana, Mr. SANDLIN, Mr. Board of Veterans’ Appeals: Rules of Prac- high density airports and airports not receiv- HILLEARY, Mr. FROST, Mr. STEARNS, tice—Notification of Representatives in Con- ing sufficient air service, to improve jet air- Mrs. CAPPS, Mr. MCHUGH, Mr. CLY- nection with Motions for Revision of Deci- craft service to underserved markets, and for BURN, Mr. HUTCHINSON, Mr. HOLDEN, sions on Grounds of Clear and Unmistakable other purposes; to the Committee on Trans- Mr. LATHAM, Mr. LAFALCE, Mr. SCAR- Error (RIN: 2900–AJ75) received February 22, portation and Infrastructure. BOROUGH, Mr. KLINK, Mr. BACHUS, Mr. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. BASS: TAYLOR of Mississippi, Mr. CALLAHAN, Committee on Veterans’ Affairs. H.R. 952. A bill to amend the Tele- Mr. BLUNT, Mr. SISISKY, Mr. REY- 880. A letter from the Senior Attorney, communications Act of 1996 to preserve NOLDS, Mr. HUNTER, Mr. BURTON of Federal Register Certifying Officer, Finan- State and local authority over the construc- Indiana, Mr. PITTS, Mr. HASTINGS of cial Management Service, transmitting the tion, placement or modification of personal Washington, Mr. LEACH, Mr. RADANO- Service’s final rule—Acceptance of BONDs Se- wireless service facilities; to the Committee VICH, Mr. COOK, Mr. ADERHOLT, Mr. cured By Government Obligations in Lieu of on Commerce. METCALF, Mr. SOUDER, Mr. TERRY, BONDs with Sureties (RIN: 1510–AA36) re- By Mr. BOEHLERT (for himself, Mr. Mr. WALSH, Mr. QUINN, Mr. BONILLA, ceived January 26, 1999, pursuant to 5 U.S.C. CLYBURN, Mr. HOLDEN, Mr. WEYGAND, Mr. WHITFIELD, Mr. CUNNINGHAM, Mr. 801(a)(1)(A); to the Committee on Ways and Mr. DELAHUNT, Mr. MASCARA, Mr. RYUN of Kansas, Mr. DICKEY, Mr. Means. WISE, Mr. MEEKS of New York, Mr. MCINTOSH, and Mr. BARTLETT of 881. A letter from the Director, Congres- FILNER, Mr. COSTELLO, Ms. CARSON, Maryland): sional Budget Office, transmitting CBO’s Se- Mr. SHERMAN, Mr. SMITH of Washing- H.R. 957. A bill to amend the Internal Rev- questration Update Report for Fiscal Year ton, Ms. DANNER, Mr. STUPAK, Mr. enue Code of 1986 to provide for Farm and 2000, pursuant to Public Law 101–508, section FROST, Mr. PAYNE, Ms. WATERS, Mr. Ranch Risk Management Accounts, and for 13101(a) (104 Stat. 1388–587); jointly to the HINCHEY, Mr. MCNULTY, Mr. QUINN, other purposes; to the Committee on Ways Committees on Appropriations and the Budg- Mr. METCALF, Mr. KUCINICH, Mr. and Means. et. FARR of California, Mr. MARTINEZ, By Mr. KLECZKA (for himself, Mr. Mr. BONIOR, Mr. INSLEE, Ms. RANGEL, Mr. DINGELL, Mr. STARK, Mr. 882. A letter from the Deputy Under Sec- DELAURO, Mr. HORN, Mr. STARK, Mr. WAXMAN, Mr. MCDERMOTT, Mr. retary of Defense (Environmental Security), GEJDENSON, Mr. POMBO, Mrs. MCCAR- CARDIN, Mr. BARRETT of Wisconsin, Department of Defense, transmitting a re- THY of New York, Mr. FRANK of Mas- Mr. FRANK of Massachusetts, Mr. port listing all military installations where sachusetts, Mr. EVANS, Mr. FORD, Ms. PELOSI, Mr. BORSKI, Ms. an integrated natural resources management LOBIONDO, Mrs. LOWEY, Mr. MCGOV- BROWN of Florida, Mr. SANDERS, Ms. plan is not appropriate; jointly to the Com- ERN, Mrs. CLAYTON, Mr. MICA, Mr. DELAURO, Ms. KILPATRICK, Mr. HIN- mittees on Armed Services and Resources. TOWNS, Mr. OLVER, Mr. NADLER, Mr. CHEY, Mr. PALLONE, Mr. TOWNS, Ms. 883. A letter from the Assistant Secretary DOYLE, Ms. LEE, Mr. BLAGOJEVICH, MILLENDER-MCDONALD, Mr. THOMP- for Legislative Affairs, Department of State, Mr. KLINK, Mr. TRAFICANT, Mr. SAND- SON of Mississippi, Ms. RIVERS, Mr. transmitting a report entitled ‘‘Satellite ERS, Mr. RUSH, Mr. SNYDER, Mr. BAR- GREEN of Texas, Mr. DAVIS of Flor- Controls Under the United States Munitions CIA, Ms. KILPATRICK, Mr. TIERNEY, ida, Mr. SERRANO, Mrs. JONES of List’’; jointly to the Committees on Armed Mr. RANGEL, Mrs. TAUSCHER, Mrs. Ohio, and Mr. SANDLIN): Services and International Relations. THURMAN, Ms. BROWN of Florida, Mr. H.R. 958. A bill to amend title XVIII of the 884. A letter from the Secretary of Labor, GUTIERREZ, Mr. FORBES, Mr. Social Security Act to restore the non- transmitting a report entitled ‘‘Pension DEFAZIO, Mr. PASCRELL, and Mr. applicability of private contracts for the pro- Plans for Professional Boxers’’; jointly to ROTHMAN): vision of Medicare benefits; to the Commit- the Committees on Education and the Work- H.R. 953. A bill to amend title 49, United tee on Ways and Means, and in addition to force and Commerce. States Code, to provide for the protection of the Committee on Commerce, for a period to H956 CONGRESSIONAL RECORD — HOUSE March 3, 1999

be subsequently determined by the Speaker, H.R. 963. A bill to amend the Internal Rev- By Mr. MICA (for himself, Mr. STUPAK, in each case for consideration of such provi- enue Code of 1986 to allow employers a credit Mr. KNOLLENBERG, Mr. MILLER of sions as fall within the jurisdiction of the for a portion of the expenses of providing de- Florida, Mr. WELDON of Florida, Mr. committee concerned. pendent care services to employees; to the ENGLISH, Mr. SESSIONS, Mrs. By Mr. MCGOVERN (for himself, Mr. Committee on Ways and Means. MALONEY of New York, Mr. OSE, Mr. SANDERS, and Mr. LEWIS of Georgia): By Mr. QUINN: HINCHEY, Mr. PETERSON of Minnesota, H.R. 959. A bill to amend the Higher Edu- H.R. 964. A bill to amend the Fair Labor Mr. KUCINICH, Mr. SAWYER, Mrs. cation Act of 1965 to increase the maximum Standards Act of 1938 to increase the Federal MORELLA, Mr. HORN, Mr. GOODLING, Pell Grant; to the Committee on Education minimum wage; to the Committee on Edu- Mr. HOLDEN, Mr. TRAFICANT, Mr. and the Workforce. cation and the Workforce. HILLEARY, Mr. STEARNS, Mr. MARKEY, By Mr. GEORGE MILLER of California By Mr. QUINN: Mrs. FOWLER, Mr. ACKERMAN, Mr. (for himself, Mr. LEWIS of Georgia, H.R. 965. A bill to provide that December 7 VENTO, Mr. LAHOOD, Mr. MASCARA, Mr. HOLT, Mr. SHERMAN, Mr. each year shall be treated for all purposes re- Mr. BORSKI, Mr. GEKAS, Mr. SHIMKUS, DELAHUNT, Mr. ACKERMAN, Mr. lated to Federal employment in the same Mr. GREENWOOD, Mr. HYDE, and Mr. TIERNEY, Mr. GUTIERREZ, Mr. HIN- manner as November 11; to the Committee BRADY of Texas): CHEY, Mr. BLAGOJEVICH, Mr. on Government Reform. H. Res. 92. A resolution recommending the PASCRELL, Mr. FARR of California, By Mr. RAHALL: integration of the Republic of Slovakia into Ms. DEGETTE, Mr. FRANK of Massa- H.R. 966. A bill to provide for the disposi- the North Atlantic Treaty Organization chusetts, Mr. MCDERMOTT, Mr. tion of land deemed excess to a project for (NATO); to the Committee on International MCNULTY, Ms. KILPATRICK, Mr. flood control at Matewan, West Virginia; to Relations. GEJDENSON, Ms. ESHOO, Mr. BORSKI, the Committee on Transportation and Infra- By Mr. NADLER (for himself, Mr. Mr. OLVER, Mr. CARDIN, Ms. structure. ABERCROMBIE, Mr. ACKERMAN, Mr. DELAURO, Mr. ANDREWS, Mr. ABER- By Mr. SENSENBRENNER (for himself BLAGOJEVICH, Mr. BONIOR, Mr. BOR- CROMBIE, Mr. BROWN of Ohio, Ms. and Mr. COBLE): SKI, Mr. BRADY of Pennsylvania, Ms. PELOSI, Ms. RIVERS, Mr. CLAY, Mr. H.R. 967. A bill to amend title 28, United CARSON, Mr. COSTELLO, Mr. DAVIS of DEFAZIO, Mr. RAHALL, Mr. NADLER, States Code, to provide for Federal jurisdic- Illinois, Mr. DEFAZIO, Mr. FILNER, Mr. PALLONE, Mr. SHAYS, Mr. BER- tion of certain multiparty, multiforum civil Mr. FRANK of Massachusetts, Mr. MAN, Mr. LEVIN, Mr. WEXLER, Ms. actions; to the Committee on the Judiciary. FROST, Mr. HASTINGS of Florida, Mr. MILLENDER-MCDONALD, Mr. CROWLEY, By Mr. SHUSTER (for himself, Mr. HINCHEY, Ms. HOOLEY of Oregon, Ms. Mr. HASTINGS of Florida, Mr. MAR- OBERSTAR, Mr. FRANKS of New Jer- KAPTUR, Mr. KILDEE, Mr. KLECZKA, KEY, Mr. WAXMAN, Mr. DAVIS of Illi- sey, and Mr. WISE) (all by request): Mr. KLINK, Mr. LAFALCE, Mr. nois, Mr. MORAN of Virginia, Mr. H.R. 968. A bill to authorize appropriations LAMPSON, Ms. LEE, Mr. LEWIS of BLUMENAUER, Mr. BARRETT of Wis- for hazardous material transportation safe- Georgia, Mr. MCDERMOTT, Mr. consin, Ms. WOOLSEY, Mr. FORBES, ty, and for other purposes; to the Committee MCGOVERN, Mr. MCNULTY, Mrs. Mr. ALLEN, Mr. SANDERS, Mr. MEE- on Transportation and Infrastructure. MALONEY of New York, Mr. MALONEY HAN, Mr. WYNN, Mrs. JOHNSON of Con- By Mr. SOUDER (for himself, Mrs. of Connecticut, Mr. MARKEY, Mrs. necticut, Mr. SABO, Mr. MCGOVERN, MYRICK, Mr. LARGENT, Mr. MCINTOSH, MEEK of Florida, Ms. MILLENDER- Mr. STARK, Mr. PAYNE, Mr. DICKS, Mr. WELLER, Mr. PITTS, Mr. MCDONALD, Mr. GEORGE MILLER of Mr. BONIOR, Mr. HOEFFEL, Mr. HOSTETTLER, Mr. COBURN, Mrs. California, Ms. NORTON, Mr. OLVER, CAPUANO, Ms. MCCARTHY of Missouri, KELLY, Mr. ENGLISH, Mrs. Mr. PALLONE, Ms. PELOSI, Mr. POM- Mrs. LOWEY, Ms. WATERS, Mr. CHENOWETH, Mr. DUNCAN, Mr. KOLBE, EROY, Mr. RAHALL, Mr. RODRIGUEZ, MALONEY of Connecticut, Ms. BALD- Mr. BURTON of Indiana, Mr. WELDON Mr. SANDERS, Mr. SERRANO, Mr. WIN, Mr. MOORE, and Mr. of Florida, Mr. WICKER, Mrs. EMER- SHERMAN, Mr. SHOWS, Ms. SLAUGH- FALEOMAVAEGA): SON, Mr. COX, Mr. CHABOT, Mr. PAUL, TER, Mr. STARK, Mr. TIERNEY, Mr. H.R. 960. A bill to amend the Endangered and Mr. CALVERT): TOWNS, Mr. UNDERWOOD, Mr. VENTO, Species Act of 1973 to ensure the recovery of H.R. 969. A bill to amend the Internal Rev- Ms. WATERS, Mr. WAXMAN, and Ms. our Nation’s declining biological diversity; enue Code of 1986 to increase the amount of WOOLSEY): to reaffirm and strengthen this Nation’s the charitable contribution deduction, to H. Res. 93. A resolution expressing the commitment to protect wildlife; to safeguard allow such deduction to individuals who do sense of the House of Representatives regard- our children’s economic and ecological fu- not itemize other deductions, and for other ing strengthening the Social Security sys- ture; and to provide assurances to local gov- purposes; to the Committee on Ways and tem to meet the challenges of the next cen- ernments, communities, and individuals in Means. tury; to the Committee on Ways and Means. their planning and economic development ef- By Mr. THUNE: By Mr. NETHERCUTT (for himself, Mr. forts; to the Committee on Resources, and in H.R. 970. A bill to authorize the Secretary BALDACCI, Mr. BARRETT of Wisconsin, addition to the Committee on Ways and of the Interior to provide assistance to the Mr. BENTSEN, Mr. BILBRAY, Mr. Means, for a period to be subsequently deter- Perkins County Rural Water System, Inc., BLUMENAUER, Mrs. CAPPS, Mr. COYNE, mined by the Speaker, in each case for con- for the construction of water supply facili- Mr. CUNNINGHAM, Mr. ENGLISH, Ms. sideration of such provisions as fall within ties in Perkins County, South Dakota; to the DEGETTE, Mr. DUNCAN, Mr. GEJDEN- the jurisdiction of the committee concerned. Committee on Resources. SON, Mr. GREEN of Texas, Mr. By Mrs. MINK of Hawaii: By Mr. WALSH (for himself, Mr. HAYWORTH, Mr. HOUGHTON, Mr. H.R. 961. A bill to amend the Public Health HOUGHTON, Mr. HINCHEY, Mr. RAMSTAD, Mr. ROMERO-BARCELO, Mr. Service Act to provide for programs regard- SWEENEY, Mr. TOWNS, and Mr. BOEH- SESSIONS, Mr. SHOWS, Mr. SPENCE, ing ovarian cancer; to the Committee on LERT): Mr. STUPAK, Mr. TOWNS, Mrs. THUR- Commerce. H.R. 971. A bill to amend the Public Utility MAN, and Mr. WELDON of Pennsyl- By Ms. NORTON (for herself, Mr. OBER- Regulatory Policies Act of 1978 to protect vania): STAR, Mr. WISE, and Mr. TRAFICANT): the Nation’s electricity ratepayers by ensur- H. Res. 94. A resolution recognizing the H.R. 962. A bill to authorize the Architect ing that rates charged by qualifying small generous contribution made by each living of the Capitol to establish a Capitol Visitor power producers and qualifying cogenerators person who has donated a kidney to save a Center under the East Plaza of the United do not exceed the incremental cost to the life; to the Committee on Commerce. States Capitol, and for other purposes; to the purchasing utility of alternative electric en- By Mr. PITTS (for himself, Mr. WATTS Committee on Transportation and Infra- ergy at the time of delivery, and for other of Oklahoma, Mr. SUNUNU, Mr. PICK- structure, and in addition to the Committees purposes; to the Committee on Commerce. ERING, Mr. SAM JOHNSON of Texas, on House Administration, and Ways and By Mr. YOUNG of Alaska: Mr. BARR of Georgia, Mr. Means, for a period to be subsequently deter- H.R. 972. A bill to designate the Federal HOSTETTLER, Mr. PAUL, Mr. SESSIONS, mined by the Speaker, in each case for con- building located at 709 West 9th Street in Ju- Mr. QUINN, Mr. ROYCE, Mr. ADERHOLT, sideration of such provisions as fall within neau, Alaska, as the ‘‘Hurff A. Saunders Fed- Mr. SOUDER, Ms. GRANGER, and Mr. the jurisdiction of the committee concerned. eral Building‘‘; to the Committee on Trans- CUNNINGHAM): By Ms. PRYCE of Ohio (for herself, Mr. portation and Infrastructure. H. Res. 95. A resolution expressing the ROEMER, Mr. BEREUTER, Mr. By Mr. KOLBE (for himself, Mr. PAS- sense of the House of Representatives that LATOURETTE, Mrs. KELLY, Ms. TOR, Mr. STUMP, Mr. SALMON, Mr. American families deserve tax relief; to the GRANGER, Mr. FROST, Mr. SHOWS, Mr. HAYWORTH, Mr. SHADEGG, Mr. UDALL Committee on Ways and Means. HINCHEY, Mrs. CLAYTON, Mr. of Colorado, and Mr. UDALL of New By Mr. TRAFICANT: CUMMINGS, Mrs. MYRICK, Mr. WALSH, Mexico): H. Res. 96. A resolution amending the Ms. NORTON, Mr. CLEMENT, Mr. KING H. Con. Res. 40. Concurrent resolution hon- Rules of the House of Representatives to re- of New York, Mr. VENTO, Ms. oring Morris King Udall, former United quire a two-thirds vote on any bill or joint LOFGREN, Ms. DEGETTE, Mr. PAUL, States Representative from Arizona, and ex- resolution that either authorizes the Presi- Mr. MEEKS of New York, Mrs. JONES tending the condolences of the Congress on dent to enter into a trade agreement that is of Ohio, Mr. SANDLIN, Mr. DEFAZIO, his death; to the Committee on House Ad- implemented pursuant to fast-track proce- and Mr. FORBES): ministration. dures or that implements a trade agreement March 3, 1999 CONGRESSIONAL RECORD — HOUSE H957

pursuant to such procedures; to the Commit- BURR of North Carolina, Mr. CAMP, Mr. BASS, H.R. 566: Mr. SMITH of Washington, Mr. tee on Rules. Mr. KENNEDY of Rhode Island, Mrs. CAPPS, DIXON, Mr. GUTIERREZ, Mr. CUMMINGS, Mr. f Mr. TANNER, Ms. DANNER, Mr. UPTON, Mr. FRANK of Massachusetts, and Mr. INSLEE. HAYES, Mr. LEWIS of California, Mr. DICKS, H.R. 568: Mr. PAYNE. ADDITIONAL SPONSORS Mr. WOLF, Mr. CRAMER, Mr. SMITH of Wash- H.R. 571: Mr. FORBES. ington, and Mr. SNYDER. H.R. 600: Mr. GARY MILLER of California, Under clause 7 of rule XII, sponsors H.R. 184: Ms. LOFGREN. Mr. DIAZ-BALART, Mr. SWEENEY, Mr. DELAY, were added to public bills and resolu- H.R. 212: Mr. METCALF, Mr. LAHOOD, and Mr. SOUDER, Mr. BEREUTER, Mr. PETERSON of tions as follows: Mr. SMITH of Washington. Pennsylvania, Mr. BURTON of Indiana, Mr. ICA ING H.R. 8: Mr. HERGER, Mr. MCCRERY, Mr. H.R. 220: Ms. LOFGREN. M , and Mr. K of New York. H.R. 655: Mr. LAMPSON and Ms. KAPTUR. HAYWORTH, Mr. ENGLISH, Mr. ADERHOLT, Mr. H.R. 224: Mr. ISTOOK. H.R. 274: Ms. VELA´ ZQUEZ, Mr. BORSKI, and H.R. 659: Mr. FROST, Mr. NEAL of Massa- TALENT, Mr. HALL of Texas, Mrs. MYRICK, Mr. GREEN of Texas. chusetts, Mr. ABERCROMBIE, and Mr. EHR- Mr. FOLEY, Mr. DEUTSCH, Mr. DREIER, Mr. H.R. 275: Mr. SAXTON. LICH. SENSENBRENNER, Mr. GOODE, Mr. WICKER, Mr. H.R. 303: Mr. MCHUGH, Mr. WYNN, Mr. H.R. 683: Mrs. MALONEY of New York, Mr. SHAW, Mr. BOUCHER, Mr. NETHERCUTT, Ms. SHERMAN, Mr. METCALF, Mr. SAXTON, Ms. CLYBURN, Ms. MILLENDER-MCDONALD, Ms. DANNER, Mr. MCCOLLUM, Mrs. EMERSON, Mr. DUNN, and Mr. ANDREWS. NORTON, Mr. GOSS, Mrs. MORELLA, Mrs. WATTS of Oklahoma, Mr. CONDIT, Mr. ROYCE, H.R. 306: Mr. ANDREWS, Mr. BACHUS, Ms. JONES of Ohio, Ms. ROYBAL-ALLARD, Ms. Mr. SCHAFFER, Mr. NEY, Mr. CUNNINGHAM, BROWN of Florida, Mr. BROWN of California, BROWN of Florida, Mr. SHOWS, Mr. FORD, Mrs. Mr. HUTCHINSON, Mr. FORBES, Mr. MCINTYRE, Mrs. CHRISTENSEN, Ms. DANNER, Mr. CLAYTON, Mr. BISHOP, Mr. DIXON, Ms. Mr. HASTINGS of Washington, Mr. MANZULLO, FALEOMAVAEGA, Mr. HALL of Ohio, Mr. LOFGREN, Ms. JACKSON-LEE of Texas, Mrs. Mr. CRANE, Mr. LOBIONDO, Mr. REYNOLDS, MALONEY of Connecticut, Mrs. MCCARTHY of THURMAN, Mr. GREEN of Texas, Ms. DEGETTE, Mr. TANCREDO, Mr. JOHN, Mr. SALMON, Mr. New York, Mr. MOAKLEY, Mr. OBERSTAR, Mr. Mr. MEEKS of New York, and Mr. FILNER. DICKEY, Mr. SESSIONS, Mr. BARCIA, Mr. PASCRELL, Mr. PAYNE, Ms. RIVERS, Mr. ROE- H.R. 685: Mr. HERGER. CHAMBLISS, Mr. HEFLEY, Mr. RAHALL, Mr. MER, Mr. RUSH, Mr. SABO, and Mr. WEXLER. H.R. 732: Mr. PORTER, Mr. PRICE of North LAHOOD, Mr. KASICH, Mr. CRAMER, Mr. H.R. 315: Mr. BROWN of California and Mr. Carolina, Mr. MOORE, Ms. SCHAKOWSKY, Ms. HOSTETTLER, Mr. CALLAHAN, Mr. BACHUS, Mr. SCOTT. LOFGREN, Mr. UPTON, Mr. ALLEN, Mr. QUINN, BISHOP, Mr. SKEEN, Mrs. CHENOWETH, Mr. H.R. 325: Mr. BLUMENAUER, Mr. ENGEL, Mr. Mr. WAXMAN, Mr. SHERMAN, Mrs. MINK of Ha- LUCAS of Kentucky, Mr. BOEHNER, Mr. HOEFFEL, Mrs. JONES of Ohio, Mr. PASTOR, waii, Mr. DOYLE, and Mr. HOLT. BILBRAY, Mr. PACKARD, Mrs. CUBIN, Mr. Mr. PHELPS, Mr. ROMERO-BARCELO´ , Ms. H.R. 745: Mr. WHITFIELD. WELLER, Mr. RAMSTAD, Mr. MILLER of Flor- VELAZQUEZ, and Mr. WISE. H.R. 746: Mr. FROST, Mr. SANDLIN, and Mr. ida, Mrs. BONO, Ms. EDDIE BERNICE JOHNSON H.R. 346: Mr. MANZULLO. BROWN of Ohio. of Texas, Mrs. NORTHUP, Mr. COOK, Mr. H.R. 347: Mr. WELDON of Pennsylvania and H.R. 749: Mr. SAXTON, Mr. DEMINT, and Mr. DEMINT, Mr. COBLE, Ms. PRYCE of Ohio, Mr. Mr. NORWOOD. UNDERWOOD. WATKINS, Ms. ROS-LEHTINEN, Mr. GARY MIL- H.R. 351: Mr. ROGERS, Mr. WHITFIELD, Mr. H.R. 750: Mrs. JOHNSON of Connecticut, Mr. LER of California, Mr. GORDON, Mr. FRANKS WAMP, Mr. SUNUNU, Mr. UPTON, Mr. CAMP- BARRETT of Wisconsin, and Mr. BLUMENAUER. of New Jersey, Mr. GALLEGLY, Mr. WALDEN of BELL, Mr. NEY, Mr. SMITH of New Jersey, and H.R. 760: Mr. BROWN of California, Mr. Oregon, Mr. KOLBE, Mr. BURTON of Indiana, Mr. BARTON of Texas. ROHRABACHER, Mr. GREEN of Wisconsin, and Mr. RILEY, Mr. JENKINS, Mr. WOLF, Mr. H.R. 352: Mr. PETERSON of Minnesota, Mr. Mr. EHLERS. PEASE, Mr. GOODLATTE, Mr. GOSS, Mr. YOUNG GARY MILLER of California, Mr. TIAHRT, Mr. H.R. 762: Mrs. MALONEY of New York, Mr. of Alaska, Mr. LEWIS of California, Mr. TERRY, and Mr. SKELTON. GEJDENSON, Mr. FROST, Mr. ROMERO- PHELPS, Mr. PITTS, Mr. MCINNIS, Mr. H.R. 355: Mr. BARCIA, Mr. UNDERWOOD, Mrs. BARCELO, Mrs. CLAYTON, Mr. HALL of Ohio, METCALF, Mr. LUCAS of Oklahoma, Mr. CLAYTON, Ms. DANNER, and Mr. ABERCROMBIE. Mr. MCGOVERN, Mr. ACKERMAN, Mr. UPTON, KUYKENDALL, Mr. OSE, Mr. HILL of Montana, H.R. 357: Ms. RIVERS and Mr. COYNE. Mr. STARK, Mr. GUTIERREZ, Mrs. MORELLA, Mr. SIMPSON, Mr. COLLINS, Mr. COX, Mr. H.R. 371: Mr. SABO. Mr. MORAN of Virginia, Mr. DELAHUNT, Mr. THOMAS, Mr. LEWIS of Kentucky, Mr. H.R. 372: Mr. PALLONE, Mr. SANDLIN, and SANDLIN, Mr. DIXON, Mr. FORD, Ms. HULSHOF, Mr. HAYES, Mr. SWEENEY, Mr. BRY- Mr. MARTINEZ. MILLENDER-MCDONALD, Mr. WAXMAN, Mr. ANT, Mr. HOUGHTON, Mr. CLEMENT, Ms. H.R. 393: Mr. WAXMAN. TOWNS, Ms. SLAUGHTER, Mr. FRANK of Massa- LOFGREN, Mr. RADANOVICH, Mr. GIBBONS, Mr. H.R. 403: Mr. BEREUTER, Ms. STABENOW, chusetts, Mr. DAVIS of Illinois, Mr. WEXLER, FLETCHER, Mr. WAMP, Mr. PETERSON of Penn- and Mr. SIMPSON. Mr. RANGEL, Mr. FOLEY, Mr. WYNN, Mr. sylvania, Mr. LINDER, Mr. ARMEY, Mr. H.R. 410: Mr. GEJDENSON, Mr. WALSH, Mr. PAYNE, Ms. LOFGREN, Mr. LEWIS MCKEON, Mr. TIAHRT, Mr. EWING, Mr. BAR- FALEOMAVAEGA, Mr. STARK, and Mr. of Georgia, Mr. LATOURETTE, Mr. MCHUGH, RETT of Nebraska, and Mr. KNOLLENBERG. PALLONE. Mr. BENTSEN, Mr. HAYWORTH, Ms. KAPTUR, H.R. 14: Mr. KING of New York, Mr. TIAHRT, H.R. 417: Mr. FILNER and Mr. LARSON. Mr. BISHOP, Mrs. LOWEY, Mr. NADLER, and Ms. PRYCE of Ohio, Mr. HAYWORTH, Mrs. H.R. 430: Mr. COSTELLO, Mr. ENGEL, Mr. Mr. COYNE. MYRICK, and Mr. TALENT. SHIMKUS, Mr. INSLEE, and Mr. MCKEON. H.R. 783: Mr. SHOWS, Mr. DEAL of Georgia, H.R. 25: Mr. SWEENEY, Mr. MCHUGH, Mr. H.R. 443: Mr. NADLER and Mr. PALLONE. Mrs. MINK of Hawaii, Mr. UNDERWOOD, and LAZIO, and Mr. HINCHEY. H.R. 448: Mrs. FOWLER. Mr. BALDACCI. H.R. 27: Mr. SMITH of New Jersey and Mr. H.R. 461: Mr. SHOWS, Mr. WICKER, Mr. DEAL H.R. 786: Mr. HERGER. LUTHER. of Georgia, Mr. GOODLATTE, Mr. SHADEGG, H.R. 805: Mr. DEUTSCH, Mr. KENNEDY of H.R. 44: Mr. OLVER, Mr. STUPAK, Mr. and Mr. BEREUTER. Rhode Island, Mr. SANDLIN, and Mr. TERRY, Mr. HYDE, Mr. SAXTON, Mr. ANDREWS, H.R. 472: Mr. TERRY. FALEOMAVAEGA. Mr. PASCRELL, and Mr. SPENCE. H.R. 483: Mr. HOUGHTON and Ms. PELOSI. H.R. 815: Mr. MICA, Mr. WALSH, Mr. KASICH, H.R. 45: Mr. TIAHRT, Mr. MCCRERY, Mr. ED- H.R. 491: Mr. MCGOVERN, Mr. PAYNE, and Mr. LUCAS of Oklahoma, Ms. DUNN, Mr. PE- WARDS, Mr. HILLIARD, Mr. CALVERT, Mr. Ms. KAPTUR. TERSON of Minnesota, and Mr. BONILLA. DIAZ-BALART, Mr. GOODE, Mrs. THURMAN, Mr. H.R. 492: Mr. TURNER. H.R. 832: Ms. STABENOW. COBLE, and Mr. WAMP. H.R. 502: Mr. WISE. H.R. 835: Mrs. NAPOLITANO, Mr. CAPUANO, H.R. 46: Mr. WELDON of Pennsylvania and H.R. 506: Mr. ENGEL, Mr. MICA, Mrs. MINK Mr. TERRY, Mr. BLUMENAUER, Mr. BOUCHER, Mr. LATHAM. of Hawaii, Mr. ORTIZ, Mr. FRANKS of New and Mr. TURNER. H.R. 58: Mr. WEYGAND. Jersey, Mr. TIERNEY, Mr. EVERETT, Mr. NEAL H.R. 845: Mr. SHOWS, Ms. PELOSI, Mr. H.R. 65: Mr. MCHUGH, Mr. SAXTON, Mr. AN- of Massachusetts, and Mr. DUNCAN. PALLONE, Mrs. MINK of Hawaii, Mr. FROST, DREWS, and Mr. SPENCE. H.R. 516: Mr. MANZULLO. and Ms. KILPATRICK. H.R. 82: Mrs. FOWLER, Mr. YOUNG of Alas- H.R. 528: Mr. CAMP, Mr. FOLEY, and Mr. H.R. 853: Mr. BARTON of Texas, Mr. CASTLE, ka, Mr. HALL of Ohio, Mr. WEXLER, and Mr. PAUL. Mr. ENGLISH, Mr. GREENWOOD, Mr. HASTINGS UNDERWOOD. H.R. 534: Mr. GOODE. of Washington, Mrs. JOHNSON of Connecticut, H.R. 117: Mr. LARGENT. H.R. 540: Mr. HALL of Texas and Mr. LAZIO. Ms. PRYCE of Ohio, Mr. RAMSTAD, Mr. REG- H.R. 142: Mr. STEARNS, Mr. ROMERO- H.R. 542: Mr. PETRI, Mr. MARKEY, and Mr. ULA, Mr. SESSIONS, and Mr. SHAYS. BARCELO´ , Mr. DUNCAN, Mr. KLECZKA, Mrs. GUTIERREZ. H.R. 872: Ms. WOOLSEY and Mr. GREEN of MYRICK, Mrs. MORELLA, Mr. ENGLISH, Mr. H.R. 550: Mr. BLILEY. Texas. WOLF, Mr. PETRI, Mr. GOODLATTE, Mr. GOOD- H.R. 552: Mr. METCALF, Mr. BERMAN, Mr. H.R. 884: Mr. LANTOS. LING, Mr. GOODE, and Mr. MCHUGH. ENGEL, Ms. LEE, Mr. LAMPSON, Mrs. CAPPS, H.R. 886: Mr. STARK and Mr. RUSH. H.R. 175: Mr. RAHALL, Mr. VENTO, Mr. NEY, Ms. PRYCE of Ohio, Mr. THOMPSON of Mis- H.R. 894: Mr. PORTER and Mr. NORWOOD. Mr. LUCAS of Oklahoma, Mr. KANJORSKI, Ms. sissippi, Mr. WEINER, Mr. LIPINSKI, Mrs. H.R. 903: Mr. BARTON of Texas, Mrs. VELA´ ZQUEZ, Ms. HOOLEY of Oregon, Mr. CLAYTON, and Mr. HOSTETTLER. CHENOWETH, Mr. HANSEN, Mr. HASTERT, Ms. SANDLIN, Mr. MASCARA, Mr. SWEENEY, Mr. H.R. 561: Mr. PALLONE, Mr. STARK, Mrs. DUNN, Mr. LATHAM, Mr. ARMEY, Mr. DREIER, CHAMBLISS, Mr. INSLEE, Mr. CALLAHAN, Mr. MCCARTHY of New York, Mr. CROWLEY, Mr. Mr. OXLEY, Mrs. WILSON, Mr. LARGENT, Mr. RILEY, Mr. WYNN, Mr. ALLEN, Mr. BARRETT of WEINER, Mr. KUCINICH, Mr. MARKEY, and Mr. MANZULLO, Mr. SCHAFFER, Mr. COMBEST, Mr. Nebraska, Mr. SESSIONS, Mr. WHITFIELD, Mr. FORBES. POMBO, Mr. YOUNG of Alaska, Mr. DEAL of H958 CONGRESSIONAL RECORD — HOUSE March 3, 1999

Georgia, Mr. DELAY, Mr. CRANE, Mr. WOLF, FALEOMAVAEGA, Mr. HYDE, Mr. WOLF, Mr. H. Res. 41: Mr. BALDACCI, Mr. BARR of Geor- Mr. DAVIS of Virginia, Mr. HOBSON, and Mr. SHERMAN, Mr. ADERHOLT, Mr. GUTIERREZ, Mr. gia, Mr. BERMAN, and Mrs. MALONEY of New CHAMBLISS. CAPUANO, Mr. FORBES, and Mr. KUCINICH. York. H.R. 914: Mr. WALSH. H. Con. Res. 29: Mr. LAHOOD, Mr. DEMINT, H. Res. 55: Mr. FRELINGHUYSEN, Mr. LU- H.R. 935: Mr. FORBES. and Mrs. MYRICK. THER, and Mr. SCARBOROUGH. H.R. 941: Mr. FRANK of Massachusetts and H. Con. Res. 31: Mr. INSLEE, Mr. ROEMER, H. Res. 82: Ms. NORTON. Mr. BERMAN. Mr. WOLF, and Mr. OLVER. H.J. Res. 2: Mr. GOODLATTE. H. Con. Res. 36: Mr. DEUTSCH and Mr. f H. Con. Res. 8: Mr. MANZULLO. CUNNINGHAM. H. Con. Res. 24: Mr. SWEENEY, Mr. KLINK, H. Res. 35: Mr. ETHERIDGE, Mr. OWENS, Mr. Mr. LEWIS of California, Mr. HILL of Mon- FORD, Ms. NORTON, Mr. KANJORSKI, Ms. LEE, DELETIONS OF SPONSORS FROM tana, Mr. SAWYER, Mr. REYES, Mrs. MALONEY Mr. DAVIS of Illinois, Mr. EDWARDS, Mr. ROE- PUBLIC BILLS AND RESOLUTIONS of New York, Mr. LARSON, Mr. CLEMENT, Mr. MER, Mrs. LOWEY, Mr. BLAGOJEVICH, Ms. Under clause 7 of rule XII, sponsors MILLENDER-MCDONALD, Ms. ROYBAL-ALLARD, PORTMAN, Ms. PELOSI, and Mr. HOSTETTLER. were deleted from public bills and reso- H. Con. Res. 25: Mr. DEFAZIO. Mrs. MINK of Hawaii, Mr. SPRATT, Mr. H. Con. Res. 28: Mr. BEREUTER, Mr. KING of UPTON, Mr. HOUGHTON, Mr. PORTER, and Mr. lutions as follows: New York, Mr. MANZULLO, Mr. ROTHMAN. H.R. 41: Mr. LINDER. 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, WEDNESDAY, MARCH 3, 1999 No. 33 Senate The Senate met at 9:30 a.m. and was WELLSTONE to control 3 hours 30 min- mother, Minnie P. Ross, has traveled called to order by the President pro utes and Senator JEFFORDS or his des- from Arkansas to be at the ceremony tempore [Mr. THURMOND]. ignee in control of the remaining 30 formally recognizing her son’s pro- minutes. motion today. As you might imagine, PRAYER Under a previous order, at the con- she is overjoyed knowing how hard her The Chaplain, Dr. Lloyd John clusion or yielding back of debate son has worked to accomplish this feat. Ogilvie, offered the following prayer: time, the Senate will proceed to vote His wife, Mary Ann Ross, of Elaine, Ar- Lord of all life, thank You for the on the motion to proceed. If the motion kansas, which is my home area, and gift of time. You have given us the is adopted, the Senate will begin con- their two children, Timothy, age 14, hours of this day to work for Your sideration of the bill itself, with and Benjamin, age 6, will also be on glory by serving our Nation. Remind us amendments being offered and debated hand to celebrate this momentous oc- that there is enough time in any one during today’s session. Therefore, casion. From an early age, Commander Ross day to do what You want us to accom- Members should expect votes through- has exhibited excellence in all aspects plish. Release us from that rushed feel- out Wednesday’s session. of his life—academically, profes- ing when we overload Your agenda for I thank my colleagues for their at- tention. sionally and personally. More than us with added things which You may that, in a world short on heroes and not have intended for us to cram into Mr. President, I make a point of order that a quorum is not present. role models to guide our children, Com- today. Help us to live on Your timing. mander Ross is a shining example of Mrs. LINCOLN. I ask my colleague if Grant us serenity when we feel irri- the brilliant promise every life holds. he will withhold his request. tated by trifling annoyances, by tem- Hard work and an eager spirit still Mr. JEFFORDS. Certainly. porary frustration, by little things to equal success in America—no matter Mrs. LINCOLN. Mr. President, I ask which we must give our time and at- how difficult the challenges may be. It tention. May we do what the moment unanimous consent to speak as if in is my privilege—indeed, my duty as a demands with a glad heart. Give us the morning business, and I would like to voice for my state—to hold him up as courage to carve out time for quiet charge that time to my colleague, Mr. an example for others to see. thought and creative planning to focus WELLSTONE. After graduating from North Little our attention on the big things we The PRESIDENT pro tempore. With- Rock High School in 1973, Commander must debate and eventually decide out objection, it is so ordered. Ross attended the United States Naval with a decisive vote. Help us to be si- Mrs. LINCOLN. I thank the Chair. Academy in Annapolis, Maryland, lent, wait on You, and receive Your f where he was commissioned an Ensign guidance. May the people we serve and PROMOTION OF COMMANDER and graduated in 1977 with a degree in those with whom we work sense that, MICKEY ROSS Physical Science. In 1983, Commander in the midst of the pressures of polit- Ross received a Master of Science in ical life, we have had our minds replen- Mrs. LINCOLN. Mr. President, I am Electrical Engineering from the Naval ished by listening to You. Through our honored this morning to recognize Postgraduate School in Monterey, Lord and Savior. Amen. Commander Mickey Vernon Ross, a California. Currently, Commander Ross great American from Arkansas who f is pursuing a doctoral degree in Engi- later today will be promoted to the neering Management at George Wash- RECOGNITION OF THE ACTING rank of Captain in the United States ington University. MAJORITY LEADER Navy. With his promotion to Captain, As an officer in the Navy, Com- The PRESIDENT pro tempore. The Commander Ross not only earns the re- mander Ross has served his country able acting majority leader is recog- spect and admiration of his country, he with distinction. His first tour of duty nized. also earns a place in Arkansas history, was onboard the U.S.S. Ranger CV 61 f becoming the first African-American where he helped the command receive from our state to attain that high top honors, the No. 1 Recruiting Dis- SCHEDULE rank. trict in the Nation. Later, on the Mr. JEFFORDS. This morning the Commander Ross is a native of North U.S.S. Acadia as the Repair Officer, his Senate will resume consideration of Little Rock and comes from a proud department received the highest award the motion to proceed to S. 280, the family with a long record of military for fleet maintenance support and the Education Flexibility Partnership Act. service, following his father and three ship received the Navy ‘‘E’’ award from There are 4 hours remaining for debate older brothers into the Armed Services. Commander Naval Surface Forces, Pa- on the motion to proceed, with Senator His father is no longer with us, but his cific. And I couldn’t help but notice

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

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VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2160 CONGRESSIONAL RECORD — SENATE March 3, 1999 that in between his many assignments, EDUCATION FLEXIBILITY PART- gument to say let’s give the flexibility Commander Ross found time to return NERSHIP ACT OF 1999—MOTION to the States and let’s get the Federal to Arkansas to recruit Naval Officers TO PROCEED Government out of this—but what this at colleges and universities in our The PRESIDING OFFICER. Under piece of legislation is essentially say- state. Today, Commander Ross is Di- the previous order, the Senate will now ing is that we, as a national commu- rector for Combat Systems for the Pro- resume consideration of the motion to nity, we as a National Government, we gram Executive Officer for Aircraft proceed to S. 280, which the clerk will as a Federal Government representing Carriers at the Naval Sea Systems report. the people in our country, no longer Command in Arlington, Virginia. The bill clerk read as follows: are going to maintain our commitment But Commander Ross’ record as a to poor children in America. That is Motion to proceed to the consideration of student and a Naval Officer aren’t the S. 280, a bill to provide for education flexi- what this is all about. only things for which I want to com- bility partnerships. What this piece of legislation essen- mend him this morning. Commander The Senate resumed consideration of tially says to States and to school dis- Ross is also a devoted husband and a the motion to proceed. tricts is: Look, when it comes to the wonderful father. His wife, Mary Anne, The PRESIDING OFFICER. Under core requirements of title I, core re- and their children must be very proud the previous order, there will be 3 quirements that have to do with quali- of him today. hours 30 minutes under the control of fied teachers, that have to do with high My father fought in Korea and my the Senator from Minnesota, Mr. standards for students, that have to do grandfather fought in World War I and WELLSTONE, and 30 minutes under the with students meeting those standards they taught me at an early age to have control of the Senator from Vermont, and there being a measurement and the highest respect for the men and Mr. JEFFORDS, or his designee. some result and some evaluation, these women in uniform who defend our na- Mr. JEFFORDS. Mr. President, I standards no longer necessarily will tion. On behalf of the state of Arkansas make a point of order a quorum is not apply. What this legislation says is, and the United States Senate, I thank present. when it comes to what the title I mis- you, Commander Ross, for your service Mr. President, I ask unanimous con- sion has been all about, for poor chil- to our country. I hope the honor you sent that that time be charged to Sen- dren in America—that is to say that we bestow on your family, our state and ator WELLSTONE. want to make sure that the money, our nation today inspires others to fol- The PRESIDING OFFICER. Without first and foremost, goes to the neediest low your example. I, for one, will be objection, it is so ordered. schools—that standard no longer will following your career with great inter- The clerk will call the roll. necessarily apply. est and I suspect this will not be my The bill clerk proceeded to call the last opportunity to recognize an out- As a matter of fact, in 1994, one of the roll. things that we did in the Elementary/ standing achievement in your life. Mr. WELLSTONE. Mr. President, I I thank you, Mr. President. Secondary Education Act reauthoriza- ask unanimous consent that the order tion was we sought to concentrate title f for the quorum call be rescinded. I funds by requiring districts to spend The PRESIDING OFFICER. Without title I on schools with over 75 percent MEASURE PLACED ON THE objection, it is so ordered. poverty-stricken students first. That CALENDAR—H.R. 350 PRIVILEGE OF THE FLOOR restriction has had the desired effect. Mr. JEFFORDS. Mr. President, a bill Mr. WELLSTONE. Mr. President, I Only 79 percent of schools with over 75 is at the desk due for its second read- ask unanimous consent that Ben percent poverty received title I funds ing. I ask it be read. Highton and Elizabeth Kuoppala be al- in 1994. Today, over 95 percent of those The PRESIDING OFFICER. The lowed to be on the floor during the du- schools receive it. clerk will read. ration of the debate on Ed-Flex. So, Mr. President—and I want to The bill clerk read as follows: The PRESIDING OFFICER. Without make it clear that I will have an A bill (H.R. 350) to improve congressional objection, it is so ordered. amendment—one of the amendments deliberation on proposed Federal private sec- Mr. WELLSTONE. Mr. President, let tor mandates, and for other purposes. that I will have to this piece of legisla- me, first of all, explain to my col- tion, if we proceed with this legisla- Mr. JEFFORDS. Mr. President, I ob- leagues and for those in the country tion, is an amendment that says that ject to further consideration of this who are going to now be focusing on the funding has to first go to schools measure at this time. this bill, the Ed-Flex bill, why I started that have a 75 percent or more low-in- The PRESIDING OFFICER. The out yesterday speaking in opposition come student population. measure will be placed on the calendar. to this motion to proceed and why I will be taking several hours today to I cannot believe my colleagues are f express my opposition to this piece of going to vote against that. If they want MEASURE PLACED ON THE legislation. There are a number of dif- to, let them. But if they do, they will CALENDAR—S. 508 ferent things I am going to cover, but have proved my point—that we are now at the very beginning I would like to about to pass a piece of legislation or a Mr. JEFFORDS. Mr. President, an- spell out what I think is the funda- good many Republicans and, I am sorry other bill is at the desk due for its sec- mental flaw to this legislation, the Ed- to say, Democrats may pass a piece of ond reading. I ask it be read. Flex bill. Frankly, I think my col- legislation that will no longer provide The PRESIDING OFFICER. The leagues, Democrats and Republicans, the kind of guarantee that in the allo- clerk will read. would have had an opportunity to care- cation of title I funds for poor children The bill clerk read as follows: fully examine this legislation if we had that the neediest schools will get A bill (S. 508) to prohibit implementation a hearing, I mean a thorough hearing, served first. I cannot believe that we of ‘‘Know Your Customer’’ regulations by the are about to do that. I cannot believe Federal banking agencies. or if we had waited to really examine in some detail and some depth what this rush to recklessness. I cannot be- Mr. JEFFORDS. Mr. President, I ob- has happened in the different Ed-Flex lieve the way people have just jammed ject to further consideration of this States. this bill on to the floor of the Senate. measure at this time. The General Accounting Office gives I cannot believe that there isn’t more The PRESIDING OFFICER. The us a report in which they say it looks opposition from Democrats. measure will be placed on the calendar. like some good work has been done, but Mr. President, the second amend- f we don’t really have a full and com- ment that I am going to have, which I plete understanding of what has hap- think will really speak to whether or RESERVATION OF LEADER TIME pened in these Ed-Flex States. I think not people are serious about flexibility The PRESIDING OFFICER (Mr. what this piece of legislation, called with accountability, is an amendment VOINOVICH). Under the previous order, Ed-Flex—and I grant it is a great title, which essentially says, look, here are leadership time is reserved. and I grant it is a winning political ar- the core requirements of title I.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2161 The reason we passed title I as a part making sure that we have justice for about context. And it is interesting. I of the Elementary/Secondary Edu- poor children in America. am going to do this with some indigna- cation Act back in 1965—that was al- To the contrary, this piece of legisla- tion. And I want to challenge my col- most 35 years ago—the reason we tion does not call for—and I am pretty leagues. I want to challenge my col- passed title I was we understood, as a sure that it will not happen, although I leagues not in a hateful way, but I cer- nation, whether or not my colleagues will have legislation that will try to tainly want to challenge my col- want to admit to this or not, that in make it happen—for an additional ex- leagues. too many States poor children and penditure of funds for title I programs. We are a rich country. Our economy their families who were not the big This piece of legislation does nothing is humming along. We are at peak eco- givers, who were not the heavy hitters, for the schools in St. Paul and Min- nomic performance. But fully 35 mil- who do not make the big contributions neapolis that have over 50 percent low- lion Americans are hungry or at risk of were falling between the cracks. income students and still don’t receive hunger. Every year, 26 million Ameri- So we said that, as a nation, we any money whatsoever because there cans, many of them children, go to food would make a commitment to making isn’t enough money and there aren’t banks for sustenance. sure that there were certain core re- enough resources that are going to our Last year, the requests for emer- quirements that all States had to live school districts. gency food assistance rose 16 percent. up to to make sure that these children This piece of legislation does nothing Many of those requests were unan- received some help. Thus, the core re- to make sure children, when they come swered. I would like for everyone to lis- quirements of title I: Make sure they to kindergarten, are ready to learn, ten to this story. A Minnesota teacher are qualified teachers; make sure low- that they know how to spell their asked his class, ‘‘How many of you ate income students are held to high stand- names, that they know the alphabet, breakfast this morning?’’ As he ex- ards; make sure there is a clear meas- that they know colors and shapes and pected, only a few children raised their urement of results. sizes, that they have been read to wide- hands. So he continued, ‘‘How many of Let me just read actually some of the ly, that they have been intellectually you skipped breakfast this morning be- provisions that would be tossed aside challenged. This piece of legislation cause you don’t like breakfast?’’ by Ed-Flex in its present form: the re- does nothing to assure that will hap- Lots of hands went up. And how quirement that title I students be pen. This piece of legislation does not many of you skipped breakfast because taught by a highly qualified profes- do anything to dramatically improve you didn’t have time for it? Many sional staff; the requirement that the quality of children’s lives before other hands went up. He was pretty States set high standards for all chil- they go to school and when they go sure by then why the remaining chil- dren; the requirement that States pro- home from school. And I want to talk dren hadn’t eaten, but he didn’t want vide funding to lowest-income schools about that as well. to ask them about being poor, so he first; the requirement that States hold I will tell you what this piece of leg- asked, How many of you skipped break- schools accountable for making sub- islation does. This piece of legislation fast because your family doesn’t usu- stantial annual progress toward get- says, we, as the U.S. Senate, are no ally eat breakfast? A few more hands ting all students, particularly low-in- longer going to worry about whether were raised. Finally, he noticed a small come and limited-English-proficient States and school districts live by the boy in the middle of the classroom students, to meet high standards; the core requirements of title I. We are whose hand had not gone up. Thinking requirement that funded vocational just going to give you the money and the boy hadn’t understood, he asked, programs provide broad education and say, Do what you want to do. What this And why didn’t you eat breakfast this work experience rather than narrow piece of legislation says is we are no morning? The boy replied, his face seri- job training. longer going to worry about whether or ous, ‘‘It wasn’t my turn.’’ These are the core requirements. I not States and school districts provide Do you want to do something for will have an amendment that will say funding first to those schools with a 75 children and education of poor chil- that every State and every school dis- percent or more low-income student dren? Don’t eliminate standards and trict receiving title I funding will be population, the neediest schools. We accountability with title I. Make sure required to meet those requirements, are just going to say, Do what you those children don’t go hungry. The will be called upon to meet those re- want. And this is being passed off as U.S. Senate, 2 years ago, put into effect quirements. something positive for poor children in a 20-percent cut in the Food Stamp Mr. President, right now this legisla- America? Program, which is the single most im- tion throws all of those core require- Again, I will have two amendments— portant safety net nutritional program ments overboard. This legislation rep- I will have a number of amendments, for children in America, and my col- resents not a step forward for poor quite a few amendments—but two leagues have the nerve to come out children in America; it represents a amendments that I think are going to here with something called Ed-Flex great leap backwards. This piece of leg- be critical by way of sort of testing out and make the claim that this is going islation turns the clock back 35 years. whether or not we are talking about to do all these great things for poor It comes to the floor of the Senate accountability or not: One, an amend- children in America. without a full hearing in committee; it ment that says, again, the allocation of Let me repeat it: We have entirely comes to the floor of the Senate with- funding by States and school districts too many children that are not only out any opportunity to see any report means that those schools that have 75 poor but hungry in America. We put with a thorough evaluation of what percent or more low-income students into effect 2 years ago a 20-percent cut those Ed-Flex States have done; it get first priority, and, second of all, an which will take effect 2002 in food comes to the floor of the Senate with amendment that says, here are the stamp assistance, which by all ac- the claim being made that Ed-Flex rep- core requirements of title I. This is counts is the single most important resents a huge step forward for edu- what has made title I a successful pro- safety net program to make sure that cation and for the education of poor gram. And this is fenced off, and in no children don’t go hungry. I will have an children in America. It is absolutely ri- way, shape or form will any State or amendment to restore that funding be- diculous. any school district be exempt from fore this session is out. I will talk over the next couple of these core requirements. Children don’t do real well in school hours about what we could be doing Why would any State or school dis- when they are hungry. They don’t do and should be doing for children if we trict in the United States of America real well in school when they haven’t are real. This piece of legislation does not want to live up to the requirements eaten breakfast. If we want to help not lead to any additional opportuni- that we have highly qualified teachers, those children, this is the kind of thing ties for low-income children. This piece that we hold the students to high we ought to do to make sure that these of legislation does not dramatically in- standards, that we measure the results, low-income families have the resources crease the chances that they will do and we report the results? so that they can at least put food on well in school. This piece of legislation Mr. President, before talking more the table. I can’t believe that in the does absolutely nothing by way of about title I, let me talk a little bit United States of America today, as

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2162 CONGRESSIONAL RECORD — SENATE March 3, 1999 rich a country as we are, we can’t at the future of our society, then we have no vi- about flexibility. What they are wor- least do that. sion. And if we do not protect the most help- ried about is, they don’t have enough Instead, we have something called less of our society, then we have no heart. money. What we hear from those men Ed-Flex. For all of the families with all And if we do not support the most innocent of our society, then we have no soul. and women who are working with poor of the hungry children, for all of the children in the title I program is, ‘‘We children that are poor in America—a I think he is absolutely right. Mr. President, I will talk more about don’t have enough resources.’’ That is quarter of all children under the age of the concerns and circumstances in chil- what they are telling us. In that sense, 3 are growing up poor in America; 50 dren’s lives in a while, but I did want this particular piece of legislation is a percent of all children of color under to give some context before returning bit disingenuous. We talk about flexi- the age of 3 are growing up poor in to title I, and then I am going to de- bility, that is the sort of slogan here, America—Ed-Flex doesn’t mean any- velop my arguments about what we but we don’t provide any additional re- thing. Ed-Flex means absolutely noth- should be doing specifically in edu- sources. ing. Examples: St. Paul. I talked about cation. The New York Times told the story I will say one more time that I find some of this yesterday, but I think it is of Anna Nunez and of hundreds of thou- it very interesting that we have a piece well worth presenting this data. There sands of families like her. Up a narrow of legislation on the floor that purports are 20 schools altogether—there are 60 stairway, between a pawn shop and a to be some major step forward for poor K-through-12 public schools in St. Dominican restaurant, Anna Nunez and children. As a matter of fact, most of Paul, MN. There are 20 schools in St. her three children live in a single, ille- the Ed-Flex waiver requests have dealt Paul with at least a 50 percent free and gal room that suffocates their dreams with title I, which deals with poor chil- reduced lunch—that is the way we de- of a future. It is a $350-a-month rec- dren. That is why I am talking about fine low-income—that receive no title I tangle with no sink and no toilet, that poor children. At the same time, this is funds at all—one-third of the schools. throbs at night with the restaurant’s the U.S. Congress that not only has no Let’s talk about urban schools. I music. Ms. Nunez’ teenagers, Kenny positive agenda to make sure that poor would like to ask my colleagues, have and Wanda, split a bunk bed, while she children aren’t hungry and therefore you been in the urban schools? Did the squeezes into a single bed with little able to learn, doesn’t have any positive principals and the teachers and the Katrina, a pudgy 4-year-old with tight agenda to make sure that poor children families in these urban schools—was braids. Out of the door and down the li- live in decent housing and therefore the thing they were saying to you over noleum-lined hallway is the tiny bath- can come to school ready to learn, but and over again, ‘‘We need to have Ed- room they share with five strangers. actually has cut nutrition programs for Flexibility’’? Or were they saying, ‘‘We Last winter, tuberculosis traveled children, and now brings a piece of leg- need more resources to work with from Kenny to his mother and younger islation out which, all in the name of these children’’? What were they say- sisters in a chain of infection as inevi- flexibility, is supposed to do all of ing to you? I will tell you what they table as their bickering. Inevitable, these great things for poor children. were saying to me: ‘‘We don’t have the too, is the fear of fire: Life in 120 Now, let me return to title I. Let me resources.’’ One-third of St. Paul’s square feet means the gas stove must explain my indignation. My indigna- schools have significant poverty, a low- stand perilously close to their beds. tion about this particular bill goes fur- income student body, and receive no Kenny, at age 18, is a restless young ther than what I have said. Not only title I funds to eliminate the learning man in a female household. Ask him does it represent a retreat on the part gap. At Humboldt Senior High School, what bothers him most, and he flatly of the U.S. Senate from a commitment on the west side of St. Paul, 68 percent states that he has the only way to get to poor children in America, not only of the students are low-income; no title some privacy—‘‘I close my eyes.’’ does it represent a retreat from any I funding. I visited the school. I try to At night, Anna said, when the mice basic accountability so that the core be in a school about every 2 weeks. crawl over us in bed, it feels even more requirements of title I—I will repeat it For those listening to the debate— crowded. one more time—that have to do with and I am taking this time because I What should we be doing on the floor highly qualified teachers and high want to slow this up. I want people in of the U.S. Senate if we are really com- standards and those standards being the country, and journalists, people mitted to children in America, and if met—no longer apply if a State or local who cover this or who write and cover we are committed to poor children in school district doesn’t choose to com- it—so people in the country will know America? We would be making a dra- ply, not only does this piece of legisla- what is going on. I can be put in paren- matic investment in affordable hous- tion abandon what we did in 1994 with theses and keep me out of it, but I ing, which is receiving crisis propor- positive effect, that is to say some as- want the people to know what is going tion. But these children and these fam- surance that the money would first go on. I don’t think legislation like this ilies are not the ones who march on to the neediest schools. In addition to that has the potential of doing such Washington every day. adding insult to injury—I don’t even harm to low-income children should We want to talk about what will help know why this bill is on the floor—to zoom through the U.S. Senate. children in school. If we want to talk add insult to injury, this piece of legis- As I say, at Humboldt Senior High 68 about family values, we ought to talk lation does absolutely nothing by way percent of the students are on free and about making sure that these children of, not even one word, calling for more reduced lunch; no title I. So the ques- don’t live in rat-infested slum housing, funding. tion is, How can that be? The answer is but have some decent shelter. But we I will tell you what people in Min- that in Minnesota, altogether, this don’t. Instead, we have Ed-Flex. Ed- nesota are telling me. I am assuming— year, we had $96 million for title 1 pro- Flex will do absolutely nothing for but I am not so sure it has happened— grams. We can use double that amount these children. I would like to believe that my col- of funding, triple that amount of fund- I have a close friend that many staff- leagues who are in such a rush to pass ing. What happens is that after we allo- ers know well and I think many Sen- this piece of legislation have spent a cate the money in St. Paul to the ators know well because of his bril- lot of time with principals and teachers schools that have an even higher per- liance and also because he is sort of a and teacher assistants who are working centage of low-income students, there perfect example of someone who really with the title I program. I have to be- is no funding left. And we have Ed-Flex lives such an honest life. He treats all lieve that. Well, if you have, I want to that is such a ‘‘great response’’ to the of us, regardless of our political view- find out—when we get into debate, I challenges facing these families and point, with such generosity—Bill would like for my colleagues to iden- these children, which isn’t even talking Dauster. My friend, Bill Dauster, wrote tify for me a specific statute in title I about providing more funding. something which I think applies to this right now that is an impediment to re- My prediction is that, come appro- debate: form. Tell me what exactly we are priations, don’t count on it. Don’t We need to restore the family values that talking about. count on it. It won’t happen, though put our children first, for if we do not ad- I will tell you what I hear from peo- some of us will fight like heck to try to vance the interests of those who will inherit ple in Minnesota. They are not worried make it happen.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2163 Several middle schools receive no Now, it could be—I have to be careful lunch recipients will receive no title I; title I funding. Battle Creek Middle because it could be that people say: 14 schools that have 50 percent low-in- School has 77 percent low-income stu- Well, you know what, all right, case come student population will receive dents and no title I funds. made; we know what it doesn’t do; but, no title I funding. Burroughs Elemen- By the way, I argue that I have often nevertheless, in terms of what it tries tary School, 43 percent low-income, no believed—since I have some time here to do, let’s have more flexibility. These title I funding. The school would be eli- today, I can go a little slower—I have are two different things. I don’t, first gible, if we had funding. often believed that the elementary of all, want this to go through as the For almost $100,000 in title I next school teachers just do God’s work. I ‘‘big education initiative.’’ It is not. It year, they would use the money to buy think it starts there. I was a college is not. I don’t want this piece of legis- computers for special reading software, teacher, but I know that elementary lation to go through as the sort of leg- additional assistance in reading and school teaching is more important; I islation that represents the ‘‘bold re- math, work for students in small am sure of it. If I had to do it over sponse’’ on the part of the United groups, and to close the achievement again, I think I would have been an ele- States of America to the concerns and gap. But they can’t do it. We are going mentary school teacher, if I could be circumstances of poor children. It is to give them Ed-Flex. We are going to creative enough. I was a wrestling not. And I certainly don’t want this give them Ed-Flex. Anthony Elemen- coach, but I would have liked to teach piece of legislation to go through with tary School, 43 percent free and re- elementary school. I did coach the jun- the slogan of ‘‘flexibility,’’ unless we duced lunch, again, the operational def- ior high school wrestling team in have real accountability. inition of low-income, receive no title Northfield. Those are difficult years. I When we get to our amendments, I I. The school would be eligible if we got think any kind of support we can give will have an amendment on account- funding we needed—$154,000 next year— kids who are middle school or junior ability. I know Senator KENNEDY will and they would use the money for high school age, we ought to do so. have an amendment on accountability. afterschool tutoring, that is what we What is the kind of support we can do with title I? It is a good program. That I know that Senator REID will have an should be doing, if we are ‘‘real.’’ We is why I am on the floor. This is a good amendment on accountability. We will will have an amendment on that before thing we did in 1965. This was a good see if people are ‘‘real’’ about that. this debate is all over. By the way, what I hear from the St. They would use the money for after- thing we did in reauthorization in 1994. It means there are more teacher assist- Paul School District is that if they had school tutoring to improve math and ants, more one-on-one instruction, another $8 million in title I funding, science, to improve technology, to in- more community outreach, and more they would use it to reduce class size. crease staffing, and to improve paren- parental involvement. It is not easy be- They would use it to increase parental tal involvement. cause a lot of not such beautiful things involvement. They would use it to hire Marcy Open Elementary School, 44 are happening in the lives of many additional staff to work with students percent low-income, they are going to children in America today. I know with greatest needs. There are a lot of lose their educational assistance if that. I am in the communities. But ways they could use it. But we are not they don’t get the funding they need. this makes a difference. I will tell you, providing for the funding that they Kenny Elementary School, 39 percent we could do a lot at Battle Creek Mid- need. This is one of the things that I low-income, no title 1. If they were dle School if we had the funding. Frost just hate about this vicious zero sum going to get the funding that they de- Lake Elementary School has 66 percent game, especially in greater Minnesota, serve, they would have about another low-income children and no title I which is rural. Here is what happens. $9,000 that they would be eligible for, funding. Don’t anyone believe I am giving and they would use that to hire tutors So can I ask this question: What ex- only urban examples somehow about who are trained to tutor small group actly are these schools going to be the problem of children that need addi- instruction, to buy certain computer- flexible with? Are they going to be tional support. The whole goal of get- assistance instruction, to make the flexible with zero dollars? What are ting it right for all the kids in our Read Naturally Program available to they going to get to be flexible about? country is not just an urban issue. It is more students, and to focus on stu- Do they get to choose between zero and suburban, and it is rural. But see, here dents who are English language learn- zero? Is that the flexibility? Let’s get is what happens when we don’t provide ers. I think this whole issue of students real. Let’s get real. The U.S. Congress, enough funding. I don’t know why we who are English language learners is a couple years ago—because it is so don’t call this an unfunded mandate. It the key issue here. easy to bash the poor—cut the Food may not technically be, but in many One of the things that is so uncon- Stamp Program by 20 percent. We have ways it is. scionable to me about all of this and done next to nothing by way of pre-K. We talk a lot about IDEA. We should. the way we give title 1 the short end of That is where the Federal Government I say to the Chair, who is a former Gov- the stick is that we have a lot of stu- is a real player in education. I will talk ernor, that the Governors make a good dents right now who are from fami- about that in a moment. We have done point. And I am in complete agreement lies—Minneapolis, MN—I think I am next to nothing by way of getting re- that we ought to, when it comes to right. Don’t hold me to these figures. sources to families so there could be children with special needs, be pro- But, roughly speaking, in Minneapolis decent child care. And we are not talk- viding for funding. I don’t know why students come from families where ing about increasing the funding for we don’t talk about this, because you there are 90 languages and dialects spo- title I, but we are talking about flexi- know what happens, I say to my col- ken. That is Minneapolis, MN. That is bility. league from Vermont. There is strong not New York City. In St. Paul, it is Some other schools: Eastern Heights rural community as well in Vermont. about 70 languages and dialects spoken. Elementary, 64 percent low-income, no What happens is that in those schools It is not uncommon. I remember being title 1. Mississippi Magnet School, 67 in the rural areas where maybe there is in a Jackson Elementary School meet- percent low-income students and no a 35 percent, low-income, or 30 or 20 ing with fourth grade students, and title I. They get to be flexible between percent, they say, ‘‘Listen. We need there were five different languages spo- zero and zero. They get to choose how some funding.’’ But we get into this ken in that class of 25 or 30. For a lot to spend no money. They get to imag- zero sum game with not enough fund- of those students, they need additional ine and dream. But do you want to ing. It gets divided up in such a way help. We know why. That is a big chal- know something? They need to do more that it makes sense that the funding lenge. than that. I am not going to let this goes first to the neediest schools. And Title I really helps if the funding is piece of legislation go through this there isn’t any. And there isn’t any. there. But we are not talking about—I floor like this. I am sure some of my Minneapolis—this is just looking at haven’t heard any Republican col- colleagues will be angry, but I am not estimates for next year. K through 12 leagues talking about dramatically in- going to let this zoom through the Sen- schools in Minneapolis: 31 schools will creasing the funding for title I. I ate without a lot of discussion. I want receive no title I funds; 14 schools with haven’t heard the President talk about people to know exactly what it is. at least 50 percent free and reduced it. He has talked about $110 billion

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2164 CONGRESSIONAL RECORD — SENATE March 3, 1999 more for the Pentagon over the next 6 that is an impediment to the kind of alition. He opposes Ed-Flex. And you years, and $12.5 billion next year. And steps we need to take to improve edu- know what he says instead: ‘‘Focus on the President of the United States, a cational opportunities for low-income all day, every day kindergarten.’’ Democrat, says education is his high- children, please identify it, and then People in the communities, they est priority, and he doesn’t even call we will change it. But what you want have the wisdom. I will come back to for an additional $2 billion for edu- to do is throw out all of the account- some of their wisdom a little while cation for the whole Nation. You would ability. later, but it is pretty interesting. The think that he would call for as big of You want to basically have the Fed- whole idea of Ed-Flex is let’s get it an increase, I say to my colleague from eral Government, which represents the back to the local communities. You Vermont, for the Education Depart- Nation, a national community, you know what. Why don’t we listen to peo- ment and education as he would for the want us to remove ourselves from any ple in the local communities? Pentagon, if education was his No. 1 kind of protection for these low-income Did we spend any time, I would love priority. I think that is part of the children. You want to say that the very to find out—I can’t wait for the debate. problem. I think the White House has core requirements that have made title Here is the question I am going to ask absolutely caved on this issue. I cannot I so important and so positive in the of the authors of the legislation: How believe their silence. I cannot believe lives of children, albeit we have enough much time did you spend with low-in- it. funding, we no longer will require that come parents? How many meetings did Mr. President, I would like to talk a States and the school districts live up you have with the parents? How many little bit about some success of title I. to these requirements. That is what meetings did you have with the chil- I think I read a couple of these letters you want to do. That is not acceptable. dren? How many meetings did you have last night. But I think it is worth talk- I don’t care if you call it ‘‘Ed- in communities with those students ing about again. Flexability.’’ I don’t care if you have and those families who are going to be Let me start with Annastacia Bella- all of the political arguments, 10-sec- most affected by this legislation? I will donna Maldonado from the Minneapolis ond sound bites down pat. Give the be very interested in hearing the an- Chicano-Latino Council who says: power back to the States, get the Fed- swer. I will be very interested in what I am very concerned about the hurried eral Government out, get rid of all of they say because, frankly, I don’t even fashion in which Congress is handling S. 280. the Washington rules and regulations. hear anybody talking about it. When I Given that ESEA is up for reapproval, it You can say that over and over and go into cafes in Minnesota, nobody seems reasonable, more appropriate, and cer- over again, and I will tell you, even comes up to me and says, Are you for tainly a more dramatic way of addressing though some of you won’t like it, that or against Ed-Flex? They don’t even issues and concerns that Ed-Flex has writ- I am all for flexibility. I was a commu- ten. At the very least I would expect a series know what it is. They will tell me that nity organizer. I am all for people at I am a single parent or we are two par- of responsible considerations of all aspects of the local level making a lot of the deci- S. 280 be addressed by the committee before ents and we have an income of $30,000 a proceeding to an open debate. sions in terms of how they design pro- year and we can’t afford child care. grams and what they do. But I will tell Well, it is too late. We are on the Child care costs us as much as college you something else. There is a whole floor. Secretary Riley, who I personally tuition now. Can anything be done history of all too many States not think is probably the gentlest and about that? making poor children and their fami- They will say what about a tax cred- kindest person in government—I can’t lies top priorities when it comes to fault him for his commitment to edu- it? How about we pass today a refund- commitment. able $2,000-a-year tax credit for child cation. I can’t fault him for his courage I am not about to let this piece of care, for families with incomes up to as Governor of South Carolina who legislation just fly through here with- $50,000 a year? Why don’t we do some- called for an increase in taxes to fund out pointing out what we are doing, thing real? public education. He came to our com- which is we are abandoning a 35-year- That is what people talk about. Or mittee, I say to my colleague from old commitment on the part of the they talk about—and I will talk about Vermont, a couple of weeks ago, and he Federal Government that we will at early childhood development in a mo- said we believe that since title I rep- least have some minimal standard that ment—or they talk about working and resents really a big part of what the will guarantee some protection that their kids are home after school and Federal Government does here, we poor children will get the assistance they are very worried and what about would prefer that when you go through they need in the United States of afterschool care? Can something be your reauthorization of the Elemen- America. tary Secondary Education Act, that That is what this legislation does. done by way of providing some adults you put off this Ed-Flex legislation, And this legislation could be different to look after our kids when school is which has such huge consequences, legislation if strong accountability over because we are both working? until then. But we didn’t. While I ap- measures were passed—strong, not Or they will talk about how their preciated the words of Secretary Riley, wishy-washy language. And we will see. daughter has a really—she has an ab- I don’t see a lot of fight on the part of We will see, because I am, again, all for scessed tooth, and I don’t have any the administration on this question. the flexibility part, but I am not for dental care; we can’t afford it, and she A constituent of mine, Vicki Turner, abandoning this commitment to low- goes to school in pain. She can’t learn says: income children in the country. when she is in pain. The title I program of the Minneapolis John and Helen Matson say: The language is very concrete. I public schools provided not only help for my How could anyone question the need for a don’t hear community people—as long two children, but the parental involvement strong ESEA? Ed-Flex waivers are an invita- as we are saying the case for Ed-Flex is program was crucial in helping me develop tion to undermine the quality of public to decentralize, I don’t hear commu- as an individual parent and now a teacher for schools. nity people saying it. Sometimes I the program. That is an e-mail I received. think Washington, DC, is the only city Gretchen Carlson Collins, title I di- High school senior Tammie Jeanelle I have ever lived in where when the rector of Hopkins School District, a Joby was in Title I in third grade. She Governors come to town everybody suburb of Minneapolis, says: says: says, The grassroots is here; let’s hear There is no better program in education Title I has helped make me the hard-work- from the grassroots. I have never lived than title I, of the ESEA. We know it works. ing student that I am. My future plan after anywhere else where that happens. She didn’t say, ‘‘Oh. We are just high school is to attend St. Scholastica— ‘‘The Governors represent the grass- strangled with regulations. It doesn’t Which is a really wonderful college in roots of America.’’ work.’’ In fact, I haven’t heard that. I Duluth, MN— Well, I would suggest to you, since haven’t had people in Minnesota say I may specialize in special education or most of what Ed-Flex is really about is this is the statute that has been kindergarten. waivers and title I, that grassroots changed. As a matter of fact, I would And I think that is great. goes down to a little bit lower level. It say to my colleagues, if there is some- Then here is something from Claudi goes to the community level and starts thing right now in the title I statute Fuentes from the Minnesota Urban Co- with the children and the parents who

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2165 will be affected by what we do or by infrastructural quality—and I will talk very high on this idea, especially given what we don’t do. about all of that. Let me just jump the tin cup education budget that the Mr. President, let me talk about ahead now. President gives to us, with my Repub- what would make a difference as op- I am sorry to be speaking with some lican colleagues probably not even posed to this piece of legislation, which anger here today. I don’t know, maybe wanting to support that. But we blame represents at best a great leap side- the President got it from a poll—you the children. ways and at worst a great leap back- know, be against social promotion. I Let’s talk about what we should be wards. And let me talk about equity in am a Democrat. Say you are tough on putting the focus on. education, which is just another way of social promotion because everybody It is not unusual for economically dis- talking about the kind of inequality says, boy, I tell you what, you are advantaged students in these poor districts that exists right now. Let me talk right; those students, they just to enter school without any preschool expe- about learning gaps. shouldn’t be promoted if they haven’t rience, to be retained in the early grades And by the way, I don’t have any evi- reached an educational attainment. without any special help in reading, to at- dence of this. A friend of mine, Colin tend classes with 30 or more students, to That is just terrible. Well, you know lack counseling and needed social services, Greer, who is head of the New World what it is. But here is what is so out- to be taught by teachers who are inexperi- Foundation, told me—I think Senator rageous about this latest given. enced and uncertified, and to be exposed to a JEFFORDS would be interested in this. I You have a White House that sends a curriculum in which important courses are haven’t seen the data. It would be in- budget over here—and I will be talking not taught and materials are inadequate and teresting. I think this is what Colin about it—that does precious little by outdated. said. He said that actually the United way of making sure the children come That is Bill Taylor, ‘‘A Report On States of America measures up well to school ready to learn. We know that Shortchanged Children, the Impact of against any other country in terms of is the most critical time. It does abso- Fiscal Inequity on the Education of our educational attainment, edu- lutely nothing by way of really invest- Students at Risk,’’ U.S. Government cational tests if you take title I stu- ing resources in afterschool care. We Printing Office, 1991. dents and put them in parenthesis for a have this huge disparity that I am May I repeat this quote? And then I moment. In other words, the learning about to go into, where all too many would like to, later on in debate, ask gap is essentially, these are issues of kids go to schools where the toilets my colleagues how you intend to rec- race and gender and poverty in chil- don’t work, where the heating doesn’t tify this through Ed-Flex. dren. That is really what the learning work, where there is no air condi- There is probably not a more serious gap is about. These are the kids who tioning, where the buildings are crum- and important scholar on this question come to school behind and fall further bling, when they are hungry, where than Bill Taylor. behind. there are not enough textbooks, where It is not unusual for economically dis- So let me talk about the learning there aren’t computers, where there advantaged students in these poor districts gaps. They are prevalent at all edu- aren’t adequate lab facilities. They to enter school without any preschool expe- cation levels. In general, the poor and don’t have the same opportunity to do rience, to be retained in the early grades without any special help in reading, to at- minorities do worse on just about any well. So, now, all in the name of edu- tend classes with 30 or more students, to measurement of achievement, be it the cational rigor—I was a teacher—now lack counseling and needed social services, Federal Government’s national assess- what we are going to do is flunk them to be taught by teachers who are inexperi- ment of educational progress or real- again. It is outrageous. enced and uncertified, and to be exposed to a world outcomes like high school and We don’t do anything to make sure curriculum in which important courses are college graduation rates that they have the same chance to do not taught and materials are inadequate and Boy, I hope I didn’t read this the well on these tests, but we will give outdated. right way, but I think I read the other them the tests and flunk them. That’s What does Ed-Flex do? What does Ed- day that in California there are five great. These kids come to school way Flex do to address any of these dispari- times as many African American men behind, we don’t make the investment ties? Do you know what the answer is? ages 18 to 26 or 30 in prison than in col- in the schools, they don’t have the Nothing. Zero. What is the U.S. Senate lege. I think I read that the other day, same opportunities to learn, and then doing to address these disparities? that in California there are five times we give them the tests, and then we Nothing. as many African American men ages 18 say you don’t go on. And then, come Mr. President, let me start off—and to 30 in prison than in college. senior year, we give them another test, this is hard to do—by reading excerpts And, by the way, there is a higher and if they don’t pass it, then they from a book by a man who has prob- correlation between high school drop- don’t graduate. ably contributed more to raising the out and winding up in prison than be- We failed the students who have been consciousness of people about children tween cigarette smoking and lung can- failing. If you don’t do anything to in this country than anyone else, Jona- cer. So we should be doing everything make sure that these children have the than Kozol. The last thing he wrote we can to make sure that kids do well same chance to do well, then this is was a book called ‘‘Amazing Grace, in school and don’t drop out. And Sen- just blaming these children. This is Poor Children and the Conscience of ator BINGAMAN will have an amend- cowardly. Why don’t you blame the America.’’ It is set in the Mott Haven ment that speaks to that. school systems? Why don’t you blame community in the Bronx. I recommend The disparities that we see—if you the adults? Why don’t you blame Sen- this book. For all who are listening, I think that where I am going is blaming ators? Why don’t you blame mayors recommend this book, it is so powerful. the children, no, I am not. Now, let me and representatives and school boards? It is called ‘‘Amazing Grace, Poor Chil- be clear about this because we have a No, you blame the children. dren and the Conscience of America.’’ lot of this going on, too, and I would By the way, a lot of our educational Here is what Jonathan Kozol said. Ba- like to talk a little bit about the White experts, if anybody wants to listen to sically, what he is saying is: No coun- House again. them, say: Listen, you know what, we try which truly loved children would When I say that in any measure of want to do additional one-on-one tutor- ever let children grow up under these achievement the poor and ‘‘minorities’’ ing, we want to do summer school, we conditions. But we do. fall way behind, I am not now about to want to do everything we can to help By the way, I had a chance to meet engage in blaming those children and these kids to do well. But if the only with these children. The heroine of this blaming those families because a large thing you are going to do is flunk book is a woman named Mother Mar- part of these disparities are caused by them, what happens is they will drop garet, who is an Episcopalian priest. unequal educational opportunities. out of school. Pretty soon you will She has done incredible work with These students have unequal access to have 17-year-olds who will be in, I don’t these kids. She came down to D.C., and key resources that strongly affect their know, 10th grade, 9th grade, they will Jonathan said, ‘‘Would you host the achievement levels. Preparation to be flunked 2 or 3 years, and they drop children?’’ I said, ‘‘Great. I read the begin schools, teacher quality, class out or they cause trouble for other book and I read about the kids.’’ They size, curriculum content, school kids. Not many educational experts are came down here, and I think Jonathan

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2166 CONGRESSIONAL RECORD — SENATE March 3, 1999 Kozol thought they would be im- Beyond the inner doors, a guard is seated. would you do if you walked into this pressed, meeting in the office, but the The lobby is long and narrow. The ceiling is Chamber and it was the summer in DC only thing they really talked about low. There are no windows. All the teachers and there was no air-conditioning or it was the swimming pool in the hotel, that I see at first are middle-aged white was winter and there was no heat or we women. The principal, also a white woman, and the other thing they talked about tells me that the school’s capacity is 900, but did not have staff to help us, we did not was beds. It was a very big deal to there are 1,300 children here. The size of have pages to help us, we weren’t able them to be able to sleep in a bed. classes for fifth and sixth grade children in to have the materials we needed, we Mr. President, this book is called New York, she says, is capped at 32, but she were hungry, and maybe 20 percent of ‘‘Savage Inequalities.’’ Let’s just talk says the class size in the school goes up to 24. us had a gun, which is not unusual in a about what Ed-Flex does and what it I see classes as large as 37. Classes for young- lot of schools in our cities? Would you does not do. er children, she goes on, are capped at 25, but learn? Would you do well? A 14-year-old girl, with short black a school can go above this limit if it puts an extra adult in the room. Lack of space, she What kind of message do you think curly hair says this: says, prevents the school from operating a we communicate to children in Amer- Every year in February we are told to read prekindergarten program. ‘‘Lunchtime is a ica when they go to school buildings the same old speech of Martin Luther King. challenge for us,’’ she explains. ‘‘Limited that are decrepit, where the roofs are We read it every year. ‘‘I have a dream.’’ It space obliges us to do it in three shifts, 450 leaking, where the toilets do not work, does begin to seem, what is the word—she children at a time.’’ Textbooks are scarce. where the buildings are just grim? hesitates and then she finds the word—per- functory. And it goes on: What kind of atmosphere is that for Perfunctory? I asked her what do you The library is tiny, windowless. There are children? What kind of encouragement mean? only 700 books. There are no reference books. do you think we give these children to We have a school in East St. Louis named And it goes on and on and on. These learn? for Dr. King, she says. The school is full of are the conditions of the schools. You think these children are fools? sewer water and the doors are locked with Let me just read the conclusion. I You think these children think that chains. Every student in that school is could go on for an hour from this book. the Ed-Flex program is going to do black. It’s like a terrible joke on history. Here is the conclusion where he con- anything for them? They are a lot It startled Jonathan Kozol to hear cludes his book: smarter than you think they are. They her words, but I am startled more to All our children ought to be allowed a know it is not going to do anything for think how seldom any press reporter stake in the enormous richness of America. them, because we are not doing any- has noted the irony of naming seg- Whether they were born to poor white Appa- thing for them. As a matter of fact, we regated schools for Martin Luther lachians or to wealthy Texans, to poor black are going to pass a piece of legislation, King. Children reach the heart of these people in the Bronx or to rich people in Man- unless there is some strict account- hypocrisies much quicker than the hattan or Winnetka, they are all quite won- derful and innocent when they are small. We ability measures in this bill, amend- grownups and the experts do. ments that are passed, that is going to A history teacher at Martin Luther soil them needlessly. Mr. President, I have tried to develop do harm to them. That is what we are King School has 110 students in 4 class- doing. And I cannot believe that this es but only 26 books. What is Ed-Flex my case. We are not talking about pro- viding more funding for title I. We talk bill just came to the floor of the Senate going to do for this teacher of these and there has been so little opposition. students? about abandoning basic core require- ments of title I—we are talking about Mr. President, let me talk about Each year, [Kozol observes of East St. some of the inequalities that exist. Louis High School] there is one more toilet abandoning the Federal Government, that doesn’t flush, one more drinking foun- holding States and school districts ac- First of all, the inequality in participa- tain that doesn’t work, one more classroom countable and making sure that the tion in early childhood programs, like without texts. Certain classrooms are so cold money gets to the neediest schools. We nursery school and prekindergarten: in the winter that the students have to wear are talking about abandoning the very Three-year-olds from better-off fami- their coats to class while children in other essence of accountability, that these lies are more than twice as likely than classrooms swelter in a suffocating heat that those from less-well-off families to be cannot be turned down. standards are lived up to to make sure that there are good teachers, to make in these programs, like the nursery You know, we have all these harsh sure that the kids are held to high school programs and prekindergarten critics of our public schools. Some of standards, to make sure there is test- programs. them are my colleagues in the U.S. ing. Among 4-year-olds, there remains Senate. They couldn’t last 1 hour in And we know the results. We have substantial disparities. Barely half of the classrooms they condemn. They not done a darn thing to make sure we the children with families of incomes couldn’t last 1 hour in these schools. make a commitment to pre-K so kids of $35,000 or less have participated in I am going on to quote the teachers: come to kindergarten ready to learn. early childhood learning programs These kinds of critics willfully ignore the We do not do much by way of after- compared to three-fourths of the chil- health conditions and the psychological dis- school care. We do not have the money, dren from families with incomes over array of children growing up in burnt out $50,000. So if we wanted to do some- housing, playing on contaminated land, and we say. We are a rich country. The walking past acres of smoldering garbage on economy is booming, but we do not thing about this, Mr. President, what their way to school. have the money to do any of that? we would do is we would make sure Mr. President, let me go on to read In addition, the reality is that some that we would invest the resources in from this book: schoolkids go to schools, because of the early childhood development. I am going to talk about some really In order to find Public School 261 in Dis- property tax, wealth of the school dis- trict 10, a visitor is told to look for a morti- tricts, that can give them the best of shocking statistics in a moment. But cian’s office. The funeral home which faces the best of the best—the best of com- let me just say it again—whether it be Jerome Avenue in the North Bronx is easy to puters, the best of technology, the best Arkansas or whether it be Minnesota identify by its green awning. The school is of labs, the best school buildings, the or whether it be Vermont, the Federal next door in a former roller skating rink. No best teachers, the best band and music Government—what the education com- sign identifies the building as a school. A and theater and athletics, the best of munity tells me in Minnesota is you all metal awning frame without an awning sup- everything. Other kids in America, who are real players when it comes to mak- ports a flagpole, but there is no flag. In the ing sure that children can come to kin- street in front of the school, there’s an ele- come from different school districts, or vated public transit line. Heavy traffic fills come from communities where there is dergarten ready to learn. You could the street. The existence of the school is vir- not the commitment to them or they make a real commitment of resources. tually concealed within this crowded city do not have the resources to make the We have in the President’s budget— block. Beyond the inner doors, a guard is commitment, go to schools that are you know, we have a White House con- seated. The lobby is long— burnt out—I mean, how would any of ference on the development of the And there is a sign, by the way, on my colleagues do, as U.S. Senators, if brain. The evidence is irrefutable, it is the outside of the school: ‘‘All students you walked into this Chamber —this is irreducible. I am going to talk about it are capable of learning.’’ a beautiful Chamber, thank God—how at some length a little later on in my

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2167 presentation. But we know that if you Point 2: Reading levels are not where we are doing. And this legislation pur- do not get it right for these kids by age they need to be. In early February of ports to be a step forward for poor chil- 3, they may never do well in school and this year, the National Center for Edu- dren in America? may never do well in life. cation Statistics released the 1998 read- There have been a number of lawsuits What is really interesting about the ing report card for the Nation. These filed. It is too bad, but that is the way literature that has come out is that— results are based on the national as- we have to go to affect these condi- we have always known—we have al- sessment of education progress data tions. Since Ed-Flex doesn’t have any- ways known that if a 7-year-old comes collected in 1998. These results tell us to school and she has not received den- how our children are doing, what their thing to do with the reality I am de- tal care, she is not going to do well. We reading levels are, and whether they scribing, I think the lawsuits are nec- have always known that if children do need improvement. essary. Let me cite a lawsuit that came not have an adequate diet, they are not There are two sets of findings I want out of Hartford, CT, in the early 1990s. going to do well. We have always to emphasize. First, as a country, too The Hartford School District had a known if women expecting children do few of our children have the reading substantially higher percentage of mi- not have a good diet, that at birth that skills necessary to succeed. At all nority students than the surrounding child may have severe disabilities and grade levels, 40 percent or fewer of the suburbs. The Hartford school enroll- may not be able to do well. But what Nation’s students read at a level that ment was more than 92 percent minor- we did not know—although I think all is proficient for their grade. This figure ity, whereas contiguous suburbs such of us who are parents and grand- is unacceptably low. What can we do? as Avon, East Granby, and parents; I am a grandparent as well— Second, and even more disturbing, Wethersfield were less than 5 percent what we did not know is that actually are the tremendous disparity levels in minority. Although Connecticut had literally the way the brain is wired, reading levels by family income, race, the highest per capita in the United and whether or not a child will do well and ethnicity. For example, children States, Hartford was the fourth-poorest in school, whether or not a child will who are eligible for the free and re- of the United States cities, with the behave well is highly correlated to duced lunch program, title I or title I- whether or not—is my mike working or eligible children, are more than twice second highest rate of poverty among not? Is the mike working? as likely to be below the basic reading children. The PRESIDING OFFICER (Mr. level than those who are not eligible At the same time, not surprisingly, HUTCHINSON). Senator, I do not know for the program. In addition, fourth- the Hartford school system had sub- whether your mike is working. You can and eighth-grader white students are stantially inferior educational re- be heard very well. three times as likely as black students sources than other school systems. Mr. WELLSTONE. Mr. President, my or Hispanic children to be proficient good friend from Arkansas, what is Hartford students were shortchanged readers. really astounding about this literature in a broad range of educational inputs. Part of what these figures are telling For example, school systems across the is that literally the key part of it is us—in fact, they are screaming at us— whether or not there is real intellec- State spent an average of $147.68 per is that we have a long way to go. This student per year on textbooks and in- tual stimulation for these children. It is a crisis. isn’t a question of whether they have Now, may I ask the question: Does structional supplies; in Hartford, it was had a proper diet or have been immu- Ed-Flex do anything to help these stu- $77 dollars, only 52 percent of the state- nized; that has a huge impact on dents? Are there additional resources wide average. whether they can come to school and that we are calling on? Are we doing Or consider East St. Louis, IL, in do well. anything to make sure that kids come 1997. Here are some of the problems Anyone who is a parent or grand- to school ready to learn? Are we doing that the students in the East St. Louis parent knows this. I like to tell the anything to improve their nutritional story, because it is absolutely true. school system faced: Backed up sewers, status? We cut nutrition programs for Our children are older and I had forgot- flooding school kitchens; faulty boilers these children. Are we doing anything ten what it was like. But now we have and electrical systems, regularly re- to make sure each and every one of three grandchildren: 3-year-old Josh; 4- sulting in student evacuations and can- year-old Keith; Kari is 7, she is older. those children is healthy? Are we doing celled classes; dangerous structural They visit us and every 15 seconds anything about the housing condi- flaws, including exposed asbestos; mal- these children are interested in some- tions? Are we doing what we should do function of fire alarms; and emergency thing new. When they are 2 and 1, it is to reduce some of the violence in the exits that were chained shut; instruc- the same way. It is a miracle. It makes communities, some of the violence in tor shortages that usually meant stu- me very religious. It is as if these small the homes? Are we doing anything to dents did not know in advance whether children are experiencing all the provide some additional support serv- or not they even had a teacher; and unnamed magic of the world that is be- ices for these kids? A woman is beaten up every 15 sec- school libraries that were typically fore them. locked or destroyed by fire. We know that if we would make an onds in her home. Every 15 seconds in investment in these children, we make the United States of America, a woman How can we expect our children to sure that there is good child care, and is battered in her home. A home should achieve or be able to learn to develop we make sure when they come to kin- be a safe place. Those children, even if and realize any, let alone all, of their dergarten they are ready to learn. I they are not battered themselves—al- potential as human beings when faced will say it again: Our national goal though many are—see it. They essen- with such an outrageous environment ought to be that every child in the tially suffer from posttraumatic stress as this? What does Ed-Flex do to United States of America, when he or syndrome. change this environment? Nothing, she comes to kindergarten, they know My colleague from Arkansas works zero. This is what we ought to be talk- how to read, they know how to spell with veterans. I have done a lot of ing about on the floor of the U.S. Sen- their name, they know the alphabet; if work with Vietnam vets. I see it all the ate. That is why I am trying to slow they do not know how to read, they time, PTSS. We have children who suf- this bill up. fer from that. Do we have anything in have been read to widely. Can’t we Here is a final description from Lou- make that a national goal? These are Ed-Flex that talks about additional isiana, although you can pick any all God’s children. But the fact of the services to these children? No. The State. In preparing for a lawsuit in matter is, we don’t. There is a huge only thing we do in the Ed-Flex bill is disparity. The fact of the matter is essentially wipe out any kind of ac- Louisiana, the ACLU staff discovered a that many children, by the time they countability standard that would make pitiful lack of the most basic re- come to kindergarten, are way behind, sure the money goes to the neediest sources. Besides having to deal with and then they fall further behind. And schools first, and we wipe out the ac- leaky roofs and broken desks, students then they wind up in prison. countability standards that make sure often had to share textbooks among This Ed-Flex bill does absolutely title I children have good teachers, are the entire class, negating any possi- nothing to make a difference for these held to high standards, that we have bility of doing homework or building children. testing and results, and we know how out-

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2168 CONGRESSIONAL RECORD — SENATE March 3, 1999 of-class research skills. What few books fully fund the Head Start Program. I think, and I will have an amendment existed in school libraries were typi- can forgive my Republican colleagues; and we will have a debate and vote on cally torn, damaged, or outdated, a I didn’t expect a Republican President it—was that in the allocation of the particularly riling problem for subjects to fully fund Head Start. I just ex- money, those schools with a higher like technology, science, and history. pected a Democratic President to fully percentage, 75 percent low-income stu- At one school, students posing for a fund Head Start. How naive of me. dents or more, should have first pri- class photo in the auditorium had to Mr. President, it is just unbelievable. ority for funding. That makes sense to keep their coats on because of the lack I point out these disparities, and a lot me. For some reason, my colleagues of heat in the building. I repeat that: of K through 12 is at the State level. want to toss that overboard. At one school, students posing for a But you would think that we would By the way, I made a third point, class photo in the auditorium had to make a difference where we could which is that I understand—I know my keep their coats on because of the lack make a difference. Yet, we don’t, and colleague from Arkansas comes from a of heat in the building. we have all this discussion about edu- smaller town, a rural community, and Here is the reaction of one of the cation being the No. 1 priority. that is a big part of Minnesota. I un- staff attorneys. ‘‘It was impossible to Frankly, the President has presented derstand the zero sum game we are in, imagine that any serious education us with a ‘‘tin cup budget.’’ The Presi- because the crazy part of it is that we could go on in these decrepit schools. dent wants to increase the Pentagon don’t get enough funding and, there- In some schools children had to go to budget next year by $12.5 billion and by fore, say—I could pick any community the principal’s office to get toilet pa- $110 billion over the next 6 years, and in Minnesota, but in any number of our pers. The overwhelming impression left he calls for barely a $2 billion increase greater Minnesota communities, people on us [the lawyers] was sadness.’’ in the Department of Education budg- are saying, ‘‘Paul, we have 20 percent Mr. President, let me talk about Fed- et. Pretty unbelievable. You would or 30 percent low-income or 35 percent eral standing on elementary and sec- think that if education was a big pri- low-income’’—in some rural areas it is ondary education. Now, I am going to ority, we would see the same increase much higher—‘‘and we don’t get any try—some of this is off of the top of my in funding for education as we would funding.’’ So it becomes a zero sum head. These statistics will be close, but see for the Pentagon. Not so. game. What do you do with a limited they might be off just a little bit. We Mr. President, I now want to turn my amount of money? I would like to see have had reports, like Nation at Risk attention to what we ought to be doing something real out here on the floor of in the early 1980s, and we have had as opposed to what we are doing. Be- the U.S. Senate when we talk about politicians of all stripes give speeches fore I do that, however—and I will fin- getting more resources to our States about children and education. We all ish up on this—I want to point out one and school districts. want to have photo opportunities next more time—and I will have an amend- Now, here is what we should be talk- to children. We have talked about it as ment that deals with this part of the ing about on the floor of the U.S. Sen- a national security issue. bill that makes it crystal clear that ate: early childhood development. This Do you want to know something? The this title I program is severely under- is the most pressing issue of all. If you percentage of the Federal budget that funded. And I will have a vote on it. I talk to your teachers, they will tell goes to education is pathetic. It is pa- spend a lot of time in these schools you this. The best thing we can do as thetic. It amounts to about 2.5 percent with these principals, teachers, and Senators is to get—by the way, it of total Federal budget outlays—2.5 these families. They all tell me—before would be $20 billion over the next 4 percent. my colleague came here, I was saying years minimally. If we really wanted to By the way, on title I, since this Ed- that I went to the schools in St. Paul- make a difference, it would be about Flex is supposed to represent some Minneapolis with 65 to 70 percent pov- $20 billion over the next 4 years. Well, great step forward, according to the erty that don’t receive any title I fund- listen, we are going to do $110 billion to Rand Corporation study, we would ing because by the time we allocate the the Pentagon over 6 years—more subs, have to double our spending on title I money, there is no more money left. more nuclear warheads, more missiles. to really even begin to make a dif- And we do very good things with this If we were serious about this, we ference for these children. I said this money for these children that need ad- would make the commitment to early earlier and I will say it again. Here is ditional help. But we are not calling childhood development. That is what what I am not quite sure of. Then I will for any additional investment of all of our teachers are telling us, and tell you what I am absolutely sure of. money for our schools to work with. In that is what our experts are telling us. What I am not quite sure of is, I think addition, what we are not doing is, as a It is the best thing you can do. By the that during the sixties—this was where national community, we are no longer way, those of you for flexibility, I title I became part of the Elementary saying to the States and school dis- agree, don’t run it from Washington, and Secondary Education Act—we were tricts there are certain core, if you DC. Get the resources back to the local at maybe 10 percent that we were de- will, values, that we want to see main- communities and, like NGOs and non- voting as a percentage of the Federal tained. profits and all sorts of folks who meet budget to education. That is what we There is a mission to title I. We know the standards, set up really good devel- say is a priority. why we passed title I in 1965, because opment child care centers and also When Richard Nixon was President, we took a look around the Nation and family-based child care and give the it was higher than it is with the Demo- it wasn’t a pretty picture. In quite a tax credits, but make sure they are re- cratic President. And then it was Ford few States, whether anybody wants to fundable and that the low-income and Carter, and I think it stayed about admit it or not, these poor children fell aren’t left out, or families. Do it. Get the same level. With Reagan, it went between the cracks. So we, as a Nation, real. Do the best thing we can do. But way down. And then, with President will at least have a minimal standard that is not on the floor today. We have Bush, it went up some. It never got that will say, with title I, there will be Ed-Flex. Ed-Flex means nothing to back to the percentage it was during certain core requirements; there will these families. Nixon’s Presidency. With President be qualified teachers; there will be high Mr. President, I have already talked Clinton, it is about the same as it was standards; there will be some testing some about the kind of science lit- with President Bush, maybe even a lit- and some results and some evaluation, erature—my colleague, I am trying to tle less; I am not sure. and this will apply to title I programs remember the name of the book—Dick Here we have a Democratic President everywhere in our land, to make sure and Ann Barnett. Dick is at the Insti- who says that education is the No. 1 that some of these children have a real tute of Policy Studies, and Ann is a pe- priority, and we are spending less as a opportunity. And now, with this legis- diatric neurologist. They have written percentage of our Federal budget on lation, we are going to toss that over- a wonderful book. I can’t remember the education than under President Nixon, board. I will have an amendment that title. But there are many books that a Republican. I am going to talk about says we can’t. have come out. Head Start in a while. Here we have a The second thing we said in 1994—and Let me talk about the disparity. Lis- Democratic President and we don’t I don’t know what my colleagues ten to this 1990 study. Looking at the

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2169 hours of one-on-one picture book read- than $35,000 a year. A family with both speaking, were, ‘‘I am so sick and tired ing kids have experienced by the time parents working full time at minimum of being sick and tired.’’ they started first grade, low-income wage earns only $21,400 a year. I am sick and tired of the way in children average 25 hours. By the time I want to tell you something. More which we are playing symbolic politics they come to first grade they have al- than just about any other issue when I with children’s lives. If we were serious together, with picture book reading, am in cafes in Minnesota, people talk about doing something on the floor of been read to 25 hours. Middle-class to me—working families. They say, the U.S. Senate that would make a dif- children average between 1,000 and 1,700 ‘‘We can’t afford this. We both work. ference for children, we wouldn’t have hours. It is unbelievable. We both have to work. I am 30. My wife this Ed-Flex bill on the floor. We would By the way, as a grandpa, I know is 28. We have two small children. Isn’t be talking about the ways in which we that reading makes a difference. Now there any way we can get some help for are going to provide money, dollars, re- this gets tricky, because I can read my child care?’’ sources for local communities to pro- colleague’s face here about the respon- That is what is really critical, if we vide the very best of elemental child sibility. Let’s talk about this a little. I are going to be talking about edu- care so that every child, by the time he just said this. I now have to figure this cation. Ed-Flex means nothing to these or she is of kindergarten age, is ready out a little bit. families. to learn. That is the most important First of all, let me make the case Drawing on some reports, I am sorry thing we could do. And we don’t even that we could do so much better. I am to report these statistics. Six out of make it a priority. for combining the commitment to seven child care centers provide only Now, Senator DEWINE and I passed an child care. That is what we should be poor to mediocre care. One out of eight amendment that we are proud of; it is talking about today, and investing centers provides care that could jeop- the law of the land, but we don’t have some resources in this, and getting ardize a child’s safety in development. the funding yet, which says that we community level volunteerism. I am One out of three home-based care situ- will at least have loan forgiveness for for doing whatever can be done in the ations could be harmful to a child’s de- those men and women who get their de- families, and I want parents to take velopment—the Children Defense Fund gree and go into early childhood devel- the responsibility. I wish more would. I study. opment work. But that still doesn’t do think sometimes it is brutal. People Although approximately 1,500 hours the job. We ought to pay decent wages. work different shifts, and two or three of training from an accredited school is I don’t understand this. jobs working their heads off. And they required to qualify as a licensed hair Senator HUTCHINSON is, I guess, what hardly have the time to have a com- cutter, masseur, or manicurist, 41 Governor Bush would call a compas- mon occasion with their children; even States do not require child care pro- sionate conservative. He is certainly to sit down and eat dinner together. viders to have any training prior to passionate; he is certainly conserv- All too many of our families are under serving children. The annual turnover ative. I don’t understand this. We have siege. rate among child care providers is two groups of citizens that are the It is not that people aren’t working. about 40 percent. Do you want to know most vulnerable that deserve the most It is that people are working entirely why? I love to take my grandchildren support and the adults that work with too many hours. But both have to to the zoo. If you work at the zoo, you them make the least amount of pay work. But I wish that parents would make twice the wage that women and with the worst working conditions. read more to their children before they men make with small children in this Nursing homes, my mother and fa- are in kindergarten. But I also think country. ther both had Parkinson’s disease, and this is all about whether there is good One of the worst things we have done we fought like heck to keep them at child care. This is also true with volun- in the United States of America is to home, and we did. We kept them at teers. I would be, for all of us who no have abandoned too many poor chil- home for a number of years. We kept longer have children that are young, dren. This legislation takes us in that them at home, between Sheila and I getting the books out of our homes, direction. And we have devalued the and our children spending the night, as and older computers out of our homes, work of adults that work with these long as we could until we could not any and do it through veterans halls, do it children. Most child care workers earn longer. And then toward the end of through union halls, do it through the about $12,000 a year, slightly above the each of their lives, toward the end of religious community, and invite volun- minimum wage. And they receive no their lives they were in a nursing teers, get tutors and mentors. We could benefits. That is unbelievable—unbe- do a lot. But I will tell you something. home. Well, I don’t think I could do that It makes a real big difference in terms lievable. When I was teaching, I would have work. It is pretty important. You have of whether these children are ready to students come up to me, and they people who built this country on their learn. And they are needy. The needy—50 percent of the mothers would say, ‘‘Look. You know, do not be backs. They have worked hard. They of children under the age of 3 now work offended, but we want to go into edu- are elderly. They are infirm. They need in our country outside of the home; 50 cation. But we don’t want to teach at the help, and we pay the lowest wages. percent. There are 12 million children the college level. We think we could We have a lot of people in these nurs- under the age of 3, and one in four lives really make a difference if we work ing homes who don’t even have health in poverty. One out of two of color live with 3 and 4-year-olds.’’ Then the next care coverage. in poverty—half of the children of color thing they say is, ‘‘But we don’t know Congratulations, Service Employees today in our country—and under the how we can afford it. We have a loan to International Union, for your victory age of 3 are needy, the richest country pay off. How do you make a living?’’ in California in LA organizing home in the world. Why in the world do we pay such low health care workers. The other thing Compared with most other industri- wages? So the families can’t afford the we ought to do is to try to enable peo- alized countries, the United States has child care. The families can’t afford ple to stay at home as long as possible a higher infant mortality rate portion the child care. And those adults that to live in dignity and provide help. But of low-birth weight babies and a small- want to take care of children can’t af- why do we pay people, why do we pay er portion of babies immunized against ford to provide the care. adults so little to do such important childhood diseases. What we have on the floor of the U.S. work? This critically affects education. Senate instead is Ed-Flex. We could And then the other group of citizens This critically affects the educational make a huge difference, but we don’t, that is the most vulnerable, the most payment of children. Full day care for and we will not. in need of help that we should provide one child ranges from $4,000 to $10,000. There was a woman, Fannie Lou the most support to is small children. That is comparable, as I said earlier, to Hammer—I have quoted her before—a We devalue the work of adults. I don’t college tuition, room and board at our civil rights activist. She was, Senator get it. If you are some advertising ex- public universities. HUTCHINSON, I think, one of 14 children, ecutive—I don’t want to pick on them, Half of the young families in our the daughter of a sharecropper. Her im- but if you are some advertising execu- country with young children earn less mortal words, where she was once tive who figures out some clever way

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2170 CONGRESSIONAL RECORD — SENATE March 3, 1999 to sell some absolutely useless product children unless we have the strength- not realizing that I had made a prior or you have got all sorts of ads that the ened accountability language. And we commitment. What are you going to Senator from Arkansas and I both will see whether or not we can get a do, you know, when you make a com- would not like, just think it is trash, it vote for that. mitment like that? So I called and I should not be on TV, exploitive in all Might I ask a question, Mr. Presi- said could I come the day before grad- kinds of ways—and I think the Senator dent? I wonder how much time do I uation, to at least get a chance to meet from Arkansas knows what I mean— have remaining? with the seniors, because I wanted to such a person probably gets paid hun- The PRESIDING OFFICER. The Sen- live up to my commitment. And he said dreds of thousands of dollars, and then ator has 1 hour 31 minutes remaining. yes. So I flew from Minneapolis down you have child workers who are work- Mr. WELLSTONE. Mr. President, I to Memphis and then was met, I think ing with children, and they get next to have a few things I would like to lay by Mr. Erikson, who was driving me to peanuts. Boy, I think our priorities are out, but I want to ask my colleague Tunica. This is one of my favorite sto- distorted. from Vermont—he has had to sit here ries. Let me tell you, Ed-Flex doesn’t do and listen to some of which I don’t I said, ‘‘Are we going to the high anything to deal with this problem of think he agrees and some of which he school?’’ priorities. might agree. I wonder whether or not— He said, ‘‘No. You are going to be ad- Mr. President, I am going to just I could take another 15 minutes and dressing the third and fourth graders.’’ mention two other areas. I have really then reserve the remainder of my time And I said, ‘‘I am going to be giving covered Head Start already. I was if my colleague wants to speak, or does a policy address to the third and fourth going to read from some Minnesota he want to wait, or how would he like graders?’’ stories, but I am going to move on, to proceed? And he said, ‘‘Well, yes.’’ some huge success stories just to sim- Mr. JEFFORDS. Mr. President, I And I said, ‘‘Is this the last day of ply mention the well-known Perry have no intention at this time to school?’’ study on the benefits of Head Start. It speak. I will obviously at a later time. He said, ‘‘Well, yes.’’ is pretty interesting. They did a sort of I will do it when it is appropriate. But I said, ‘‘So I am going to be giving a a control of two different groups. I desire to expedite our situation so policy address to third and fourth grad- Head Start participants, they did a that we can get to the bill as soon as ers on the last day of school?’’ followup through age 27. This program possible. He said, ‘‘Well, yes.’’ was started in 1965. Criminal arrests: 7 Mr. WELLSTONE. I thank my col- I said, ‘‘I’m in trouble.’’ percent Head Start, 25 percent control league. So we go to the elementary school. group—those kids that weren’t in Head Mr. President, I say to my colleague There are, I don’t know, a hundred Start, controlling for income and fam- from Vermont, on my time, if he choos- kids, third and fourth graders, there- ily background and all the rest. Higher es to assent or disagree or remind me abouts, sitting in the chairs, waiting earnings, 29 percent of Head Start kids, where I am wrong, please feel free to do for me to give a policy address. And 2,000 plus per month, only 7 percent so. I extend the invitation. I was a there is the PA system on the stage, control group; 71 percent Head Start teacher. I can easily fill up the next which is high above where the students kids graduated or received a GED, only hour without any trouble. are, and the principal gives me a really 54 percent control group. And 59 per- Mr. President, before I go to after- nice introduction, and I am supposed to cent received assistance, they did re- school care, I would like to just one go up there and look down at these stu- ceive some assistance, still poor, but 80 more time focus on why I think this dents and give them a policy address. percent of the control group. And fewer Ed-Flex bill shouldn’t even be in the So I was trying to figure out what to out-of-wedlock births across the board. Chamber. I have talked about what I do. I asked the principal, ‘‘Can I get For kids who have really grown up think the flaws are with the legisla- down in the auditorium where the kids under some really difficult conditions, tion, but I also want to talk about are?’’ the Head Start Program has helped what I think we should be talking He said, ‘‘Sure.’’ them with a head start. And we have a about. I would like to just draw, if I So I got down there, and this little budget that the President presents could, on two experiences that I have girl, thank God, made my class for me. that will get us to 2 million children, I had traveling the country that I think I said, ‘‘Is this the last day of school?’’ think, covered, but that is about half. apply to this debate. Everybody said, ‘‘Yes.’’ About 2 million children will be eligi- One of them which I have talked I said, ‘‘Well, what have you liked ble. The President’s budget gets us a about once or twice before—it is very about school?’’ million. Half. So our goal—talk about a positive. It is not a putdown of any- And this one little girl raised her downsized agenda, talk about politics body—took place in the delta in Mis- hand and she said, ‘‘Well, what I like of low expectations—is to provide fund- sissippi, in Tunica, MS. I had traveled about school is, if I do good in school, ing for only half these children. there because I wanted to spend some I can do really good things in my life.’’ Now, this isn’t even early Head Start time in low-income communities Something like that. because really what we have to do well around the country—South, North, And I said, ‘‘Well, what do you want is before the age of 3. I noticed when East, West, rural, urban. And when I to be?’’ And I said to all the students, Governor Whitman was testifying be- visited Tunica several years ago now, ‘‘What do you want to be?’’ fore, she was talking about her pro- there was a teacher, Mr. Robert Hall, There were, Senator HUTCHINSON, 40 gram in New Jersey, which sounds to who I will never forget. It was at a hands up. It was great. They had all me as if it is a very important program town meeting, and he stood up and said sorts of dreams. I mean, quite a few of that deals, I think, with 4 and 5-year- it is hard to give students hope, and he them wanted to be Michael Jordan— olds or 3 and 4-year-olds, and I said to talked about how—I don’t know—I not a surprise. I heard everything: her, what about preage 3? I know she think maybe about 50 percent of the Teacher, writer, psychiatrist, Michael nodded her head in agreement. students graduated. Jordan, on and on and on. But the Why aren’t we providing the re- By the way, this young African thing of it is, there was that spark. It sources? In all due respect, if we want American woman that I quoted I think was beautiful. I know, as a former to do something really positive, the in East St. Louis, who was talking teacher, that you can take that spark most important thing we can do is in- about her school being segregated, ac- of learning in a child, regardless of vest in the health care and intellectual tually in Tunica the case is that the background, and if you ignite that skills of our children. Ed-Flex doesn’t public school is all black or African spark of learning, that child can go on do that, and we are not going to do it. American, the private school is all to a lifetime of creativity and accom- So I am not going to let my col- white. plishment. Or you can pour cold water leagues put this bill forward as if it is Anyway, at the end of this he asked on that spark of learning. We are not a great big, bold step forward for poor me whether I would come back to doing anything here in Washington, children in America. It is not. As a speak, would I come next year for the DC, to help ignite that spark of learn- matter of fact, it will do damage to graduation? I said yes, and I said yes ing. We are not.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2171 Now, I feel a little uncomfortable find in Tallula? The Tallula facility is So let’s not kid ourselves. These saying that. Maybe I should say ‘‘pre- a corrections facility for kids ages 11 to State budgets and Federal budgets that cious little.’’ We are doing precious lit- 18. I went to Tallula because I had read go to prisons and jails are just going to tle. I feel uncomfortable saying that, in the Justice Department report that continue to skyrocket, and that is because Senator JEFFORDS is a Senator there were kids who were in solitary where a lot of young people are going who is committed to education. I know confinement up to 7 weeks at a time, 23 to end up unless, from the very begin- that. I have a tremendous amount of hours a day, and I wanted to know ning of their lives, we figure out—at a respect for him. But I am talking, I say what they had done for this to happen community level, not a Federal Gov- to my colleague, Senator JEFFORDS, in to them. ernment level—how we are going to a more general way. I don’t understand One young man, Travis, he is now 16, make sure that we make the invest- our priorities. I just don’t understand he went to Tallula when he was 13 for ment in these kids. And that is some- our priorities. I am just sick and stealing a bike. He wound up there for thing we should be doing in the Senate. tired—to sort of again talk about 18 months, and he was beaten up over But this bill does not do that. Fanny Lou Hammer—of bills that are and over again. Tallula has had some Before I return to the final case I brought out here, people get the im- lawsuits filed against it. want to make on this specific bill, let pression there is some big step forward, I went to the Tallula facility, and the me just read some figures. Mr. Presi- and when it comes to the investment of first thing I noticed about the 550 kids dent, I would like to read a little bit resources—some of which you fight for, was about 80 to 85 percent of them were about some facts on what is going on this investment of resources—we do African American. And then, when I with kids after school. Twenty-two not do it. I just tell you, it is tragic. met with some of the officials, I want- million school-aged children have For these kids and these schools all ed to go to the solitary confinement working parents; that is, 62 percent of across the country, they are not say- cells and they wanted to take me to these children have parents who are ing: Give us Ed-Flex, give us Ed-Flex, where the students were eating lunch— working. Children spend only 20 per- give us Ed-Flex. They are saying: We students—kids—young people. So we cent of their waking hours in school. want to have good teachers and smaller first started out to where they were The gap between the parents’ work classes. We want to have good health eating lunch and then we were going to schedule and the students’ school care. We want to have an adequate go to these cells. schedules can amount to 20 to 25 hours diet. We want to go to schools that are When I walked in, even with all these per week. That is from the Ann E. inviting places. We want to have hope. officials there, I asked some of these Casey Foundation. We want to be able to afford college. kids, ‘‘How are you doing?’’ Experts estimate that nearly 5 mil- That is what they are saying. They are I will never forget, this one young lion school-aged children spend time not talking about Ed-Flex. man says to me, ‘‘Not well.’’ without adult supervision during a typ- The second point, and last one of my I say, ‘‘What do you mean?’’ ical week. An estimated 35 percent of stories—true. I am going to shout this By this time, there were 30 officials 12-year-olds care for themselves regu- from the mountaintop. I get this time looking at this kid. He said, ‘‘This larly during afterschool hours when on the floor of the Senate because I in- food, we never eat this food. It’s be- their parents are working. sist this is what we should be talking cause you are here.’’ He said, ‘‘These What happens during out-of-school about, and I will do everything I can, clothes? We never had clothes like this. hours? Violent juvenile crime triples with amendments and bills, to bring They just gave us these shorts and T- during the hours of 3 p.m. and 8 p.m. this out here and force debates and shirts. We have been wearing the same And 280 children are arrested for vio- votes and all the rest. smelly, dirty clothes day after day.’’ lent crimes every day. Children are I hear this in the law enforcement He said, ‘‘The tables are painted— most likely to be the victims of violent community. We should hold kids ac- smell the paint. It has just been paint- crime by a nonfamily member between countable when they commit brutal ed.’’ 2 p.m. and 6 p.m. crimes. We should hold people account- Then I went outside and this one Children without adult supervision able when they commit brutal crimes. young man made a break from the are at a significantly greater risk of But we will build a million new prisons guards, jumped onto a roof, and ran truancy from school, stress, receiving on present course. That is the fastest across the roof. It was about 100 de- poor grades, risk-taking behavior, and growing industry in the country. And grees heat. And I said, ‘‘Why are you substance abuse. Children who spend we will fill them all up and we will doing this? You are going to get in a more hours on their own and begin self- never stop this cycle of violence unless lot of trouble.’’ I looked up at him, care at younger ages are at increased we invest in the health and skills and walked up to the roof. risks. And I could footnote each and intellect and character of our children. He said, ‘‘I want to make a state- every one of these findings. And we are not doing that in the U.S. ment.’’ Children spend more of their discre- Senate or in the U.S. House of Rep- I said, ‘‘What’s your statement?’’ tionary time watching television than resentatives. Certainly not with Ed- He said, ‘‘This is a show, and when any other activity. Television viewing Flex. you leave here they are going to beat accounted for 25 percent of children’s Where do these kids wind up? They us up.’’ discretionary time in 1997, or 14 hours come to school way behind, they fall Well, the State of Louisiana has per week on average. further behind, they don’t have any- taken some action. This was Facts about out-of-school programs: where near the same opportunities to privatized. There are lawsuits. There Almost 30 percent of public schools and learn, and then they wind up in prison. have been editorials about anarchy at 50 percent of private schools offered I talked about this before. I think this Tallula. I will just tell you this. I will before- or afterschool care in 1993–1994. will be the last time I will talk about tell you this: 95 percent of these kids at It is going up. But the General Ac- it, except when we debate a bill which Tallula had not committed a violent counting Office estimates that, for the I introduced, the mental health juve- crime. I met one kid who had stolen a year 2002, the current number of out-of- nile justice bill. I visited a ‘‘correction bike. I met one kid who was in there schooltime programs for school-aged facility’’ called Tallula Correction Fa- for breaking and entering. I did meet children will meet as little as 25 per- cility in Tallula, MI. But I say to my one kid who cut a kid in a fight with a cent of the demand in urban areas. colleagues from Arkansas, Louisiana, knife. I forget the fourth kid. Mr. Mr. President, I could actually go on south—this could be anywhere in the President, 95 percent of nonviolent and on, but here is the point I want to country, anywhere in the country. And crimes—that is about the case in all of make. The point I want to make is that the Justice Department has had a pret- these juvenile detention facilities. if we want to pass legislation that ty hard report about conditions in I will tell you, Senator, I would be makes a positive difference in the lives Georgia and Kentucky and some other pleased to meet almost any of those of children and helps parents raise States. kids at 10 o’clock at night before they their children decently—you know, I see there are some young people got to Tallula. I would not want to what families are saying to us is: ‘‘Do here today in the gallery. What did I meet any of them when they get out. what you can do to help us do our best

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2172 CONGRESSIONAL RECORD — SENATE March 3, 1999 by our kids.’’ They are not talking facilities—none of which Ed-Flex deals What deeply troubles me about what about Ed-Flex. with—unless there is some help for is going on here in the U.S. Senate, What I am hearing from families in them. They need additional help. And which is why I have tried to the best of Minnesota—and I think it is the same you know what? They deserve it. They my ability—and I will have amend- for around the country—is: Look, we deserve it. ments, as well—to say, wait a minute, both have to work, or, I am a single Mr. President, I am going to, I think, we have a piece of legislation, and I can parent, and I am working, and I am finish up where I started. Before I do see the spinning and I can see the hype. worried sick about where my child is that, I want to just read one other It has a great name: Ed-Flex. It has a after school. Can’t you provide some quote that is kind of interesting. This great slogan: ‘‘Get the bureaucrats out, funding? is from a woman Jonathan Kozol is let the States decide.’’ But I can see Why doesn’t the Ed-Flex bill talk talking to in his latest book he has this piece of legislation represented as about flexibility for schools and com- written called ‘‘Amazing Grace.’’ And I a piece of legislation that is a major munities to have more resources for say to my colleague, I am not sure I educational initiative for children in afterschool care? There is something should quote this because of the cur- our country. I have tried to make it positive we can do. I assume that rent circumstances, but I think it crystal clear that is quite to the con- maybe Senator BOXER or one of my col- should be read. This woman lives in the trary. leagues will have an amendment and community, South Bronx, the Mott I say to my colleague from Arkansas we will have a vote on this. Now, there Haven community. And here is what that I will be finished in a minute or is an educational initiative that will she has to say. She is saying this to two. If he chooses to debate, I will be make a huge difference. Jonathan Kozol, the author: glad to do that. Is he standing to There is nothing more disheartening Do you ever turn on C–SPAN? You can see speak? to a parent or parents than to know these rather shallow but smart people— Mr. HUTCHINSON. You earlier said that both of you have to work but to This is just her perspective— you might yield for a question. also know that your second grader or most of them young and obviously privi- Mr. WELLSTONE. If I could finish your third grader or your 12-year-old or leged, going on and on with perky overcon- this thought, I am pleased to yield for your 13-year-old is going home alone. fidence about the values and failings of poor a question. In fact, that might be a Why don’t we do something about that? women, and you want to grab them in your welcome relief from hearing myself We have all the evidence we need. We hands and shake them. speak. I am pleased to take a question have all the evidence we need. It is like this young man I met at or whatever criticism that the Senator We know that this is the time when Center School, which is an alternative might want to throw my way. kids get into the most trouble. We school in Minneapolis, in the Phillips This piece of legislation isn’t going know that in more and more of our neighborhood, about a month ago. This to do anything that is going to make a working families both parents are is kind of his last chance; he is a young significant difference in assuring edu- working. We know this is one of the African American man. I was having a cational opportunities for all of our biggest concerns parents have, right discussion with 30 or 40 kids. There are children in our country. It won’t. This alongside affordable child care. What a lot of Native American students particular piece of legislation is not we all ought to be doing by way of ed- there, as well. Actually, there are more going to meet the standard, which is flexibility is providing the resources Native American students. I was trying the most important standard that I be- for communities and for schools to to be very honest with them. I said, I lieve in more than anything else. I say make a difference. would like for you to answer one ques- to my colleague from Arkansas: I think By the way, Mr. President, I was tion for me. I am here because I really every infant, every child, ought to have mentioning television. For my col- do care about you and I respect your the same chance to reach his or her full leagues who are worried about the vio- judgment. A lot of these kids don’t be- potential. lence that kids see on TV—and it is lieve anybody values their opinions. This legislation doesn’t make any awful—you should just think about They have very little self-confidence. I real difference. This legislation doesn’t what they see in their homes. Every 15 said to this one young African Amer- point us in the direction of making a seconds, a woman is battered. One of ican man, a senior, ‘‘A lot of people say commitment to early childhood devel- the things we ought to be doing, if we that you don’t really care. The problem opment, to making a commitment to really want to do something that will isn’t the poverty of your family, the communities so that kids can come to make a difference for kids—and I have problem isn’t the violence in the neigh- school, ready to learn. This piece of a piece of legislation I am introducing borhoods, the problem isn’t that you legislation doesn’t fully fund Head on this that I hope to get a lot of sup- haven’t had the funding or the opportu- Start. This piece of legislation doesn’t port on—is to provide some funding for nities. The problem is you don’t care. provide the funding for nutrition pro- partnerships between the schools and And that if you really cared, you would grams for children, many of whom are the other key actors in the community be able to do this. How do you respond hungry. Quite to the contrary. We put that will provide some help and assist- to that?’’ He looked at me and he said, into effect a 20-percent cut in the Food ance to kids who have seen this in ‘‘Tell them to walk in my shoes.’’ Stamp Program by the year 2002. This their homes over and over and over I think that is what this woman was piece of legislation doesn’t do anything again. That would make a big dif- saying about her observations about that will change the concerns and cir- ference. That would make a big dif- what she sees on C-SPAN. cumstances of these children’s lives be- ference. I conclude this way: I came to the fore they go to school and when they I said this last night. I think I need floor of the U.S. Senate last night and go home. This piece of legislation to say it again. I do not think I am I spent half an hour speaking. I have doesn’t do anything to effect smaller being melodramatic when I say that we come to the floor of the U.S. Senate class size, to repair or rebuild our have two problems. We have a huge today and I have spent several hours crumbling schools, to help us recruit learning gap. That is what it is all speaking about the Ed-Flex bill. I have over the next 10 years 2 million teach- about. And it is highly correlated with been strong and maybe harsh in my ers, who we will need, as the best and income and race and poverty and gen- comments. I do not mean them to be the most creative teachers. This piece der. But we also have—and I do not personal at all. I have gone out of my of legislation does absolutely nothing know what the right label is for this, way to say, because I think it is true— that will in a positive way affect the but we have a lot of kids who, by the I wouldn’t say it if I didn’t think it was conditions that have the most to do time they come to kindergarten or true. with whether or not each and every first grade, have seen so much in their It happens that the Senator from child in our country will truly have the lives, that children should not have to Vermont is out here managing the bill, same opportunity to be all he or she see and experience, that they are not and I consider him to be a Senator who can be. going to be able to learn at all, even cares a great deal about education and Moreover, to summarize, this piece of with small class sizes, even with really children. I know what he has done legislation turns the clock backwards. good teachers, even with really good right here in Washington, DC. This piece of legislation takes the good

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2173 work of the 1994 reauthorization bill, To begin with, Ed-Flex represents a waiver, they could use the dollars to which will assure that the allocation of new approach in Federal-State rela- serve low-income children and make funds first goes to those schools with a tions. Right now, there are two schools sure that they could use that help until 75 percent low-income population or of thought on the relationship of Wash- they had addressed the mission of the more, and tosses it overboard. This ington, DC, to the States. One side says program. piece of legislation in its present everything ought to be run at the Fed- Ed-Flex doesn’t serve fewer poor form—and to me this may be the big- eral level, because folks locally can’t kids; it serves more of them, and it gest issue of all about this piece of leg- be trusted to meet the needs of low-in- serves them better. islation. I think other bills should be come people. The other side says the In the State of Texas, the State has on the floor that make a difference, but local folks ought to be able to do it all, used Ed-Flex, and the achievement if we are going to pass this piece of leg- because everything the Federal Gov- scores confirm that Ed-Flex has im- islation, at least let’s make sure we ernment touches turns to toxic waste. proved academic performance. After have flexibility with accountability. Ed-Flex represents a third-wave ap- only 2 years under the waiver, state- That means that the basic core re- proach, and we have pioneered it in a wide results on the Texas assessment quirements of title I on well-qualified variety of areas, including health, wel- of academic skills shows that schools teachers, high standards testing, meas- fare and the environment, and now in using Ed-Flex are outperforming the uring results and knowing how we are education, in addition. districts that aren’t. These are poor doing are fenced in. In no way, shape or We told the Federal Government in school districts with low-income chil- form, with all the flexibility in the each of these areas that we will meet dren, and reading and math scores are world, will any State or school district the core requirements of Federal law. rising using Ed-Flex. At one high-pov- be exempt from meeting those require- The Federal Government ought to hold erty elementary school, student per- ments. us accountable, but, at the same time, formance improved almost 23 percent I say to my colleague from Arkansas, the Federal Government ought to give over the 1996 math test scores; 82 per- I am pleased to yield for a question. us the flexibility to make sure that we cent of them passed. The statewide av- The PRESIDING OFFICER (Mr. can really meet the needs of our citi- erage was only 64 percent. Poor kids BURNS). The Senator from Arkansas. zens—in this case, the poor children— did better. Poor kids did better under Mr. HUTCHINSON. I did have a ques- rather than building up bureaucracy. Ed-Flex. tion for the Senator from Minnesota, Ed-Flex has been good for students, Now, this legislation protects the but if the Senator is about to conclude, but especially good for poor students. poor in other important ways. The civil I know there will be plenty of debate There are no examples of abuse, Mr. rights laws, the labor laws, safety laws, all of the core Federal protections for and time to debate, so I don’t want to President—not one. We have asked the the vulnerable, are not touched in any further hold up proceeding on the bill. opponents of this legislation to give us way. The Secretary of Education has I thank the Senator for yielding. even a scintilla of evidence of an abuse, complete authority to revoke a waiver Mr. WELLSTONE. I will yield the and they cannot cite one example for a if title I requirements are not met. floor in just a moment. I appreciate my program that has been used in 12 Under current law, a State must have a colleague’s courtesy. The C-SPAN States. But I will tell you there are plan to comply with title I. This legis- quote, just so it is in the RECORD, was plenty of examples where this program from a Mrs. Elizabeth Washington of lation requires a plan as well. has worked for poor children. Let me outline a number of specific the Mott Haven community in the In Maryland, one low-income school South Bronx. protections that pertain to the poor in used Ed-Flex to reduce class size. Class this legislation. First, under current Mr. JEFFORDS. Will the Senator size dropped under this Ed-Flex pro- yield? law, title I funds can only be used in gram from 25 students to 12. And the school districts that are for the low-in- Mr. WELLSTONE. I yield. last time I looked, a fair number of Mr. JEFFORDS. The Senator from come. Our legislation keeps this re- Members of the U.S. Senate wanted to Oregon is desirous of speaking for 15 quirement. You cannot get an Ed-Flex see class size drop. waiver and move it out of a low-income minutes. In our home State, Ed-Flex helps Mr. WELLSTONE. How about if I re- school district to somewhere else. You low-income high school students take serve the remainder of my time? I will have to use those dollars in a low-in- advanced computer courses at the com- reserve the remainder of my time, and come school district. They can’t be munity college. Before the waiver, Fed- if the Senator from Oregon wants to moved elsewhere. eral rules would only allow high school speak, that would be fine with me. How Second, not only does the legislation students to take computer courses of- much time do I have left? keep the core requirements of title I, it The PRESIDING OFFICER. The Sen- fered at the high school. If a student strengthens them. For example, under ator has 57 minutes. wanted to take an advanced computer current law, States are not required to Mr. JEFFORDS. Would the Senator course, but the school didn’t have the evaluate whether they are meeting mind yielding his time to the Senator? equipment or the people to teach ad- title I goals until 2001. Ed-Flex says to Mr. WELLSTONE. Fifteen minutes of vanced computing, those poor kids the States: Why should you wait for 2 my time? I would be pleased to do that. were out of luck. But we found a com- years to show that you are serving the The PRESIDING OFFICER. The Sen- munity college that was just a short poor and disadvantaged? Develop high ator from Oregon is recognized for 15 distance away with an Ed-Flex waiver standards for serving the poor now, minutes. where we could take the dollars that demonstrate that you meet the ac- Mr. WYDEN. Thank you, Mr. Presi- would have been wasted because there countability requirements, and put dent. were no facilities at the high school, more education dollars in the class- Mr. President, I am sure that many and the poor kids learned at the com- room to serve poor kids and their fami- Americans who are watching this de- munity college. No muss, no fuss. But lies now, rather than waiting until bate hear the words ‘‘Ed-Flex’’ and we did what the Federal Government 2001. wonder what in the world is the U.S. ought to be trying to do, which is to Now, opponents of Ed-Flex have not Senate talking about? My guess is that help poor children. been able to offer any examples—not we probably have some folks thinking In Massachusetts, a school with even one—of how the flexibility waiv- that Ed-Flex is the new guy who has many low-income kids who are doing ers have been abused, and that is be- been hired to run the aerobics class at poorly in math and reading received cause the Secretary of Education has the local health club. But since my title I funds in 1997; but they were de- watch-dogged these Ed-Flex waivers; home State of Oregon was the first to nied title I funds the next year because and we can cite examples of how it receive an Ed-Flex waiver, I would like of a technicality. This meant that low- works, and they can’t cite any exam- to take a few minutes to tell the U.S. income children who were getting spe- ples of how it has been abused. That is Senate why Ed-Flex makes a real dif- cial help with title I funds in 1997 could why the Education and Labor Com- ference and especially why it has been not get those funds in 1998 for one rea- mittee in the last Congress approved a valuable tool to improve the lives of son, and that was bureaucratic red this legislation by a 17–1 bipartisan poor children. tape. But when they got an Ed-Flex vote.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2174 CONGRESSIONAL RECORD — SENATE March 3, 1999 Senator KENNEDY, the ranking mem- taken by my State in health, in wel- much appreciated working with the ber of the committee, said, fare, in the environment, says to the Senator from Tennessee on this legisla- Under Ed-Flex, the Secretary of Education Federal Government: At the local tion. I think it is clear that the coun- allows Massachusetts and other States to level, we will meet the requirements of try wants to see the U.S. Senate work waive Federal regulations and statutory re- Federal law, Federal education law. We in a bipartisan way on this legislation. quirements that impede State and local ef- will be held accountable. But in return This bill had exhaustive hearings in forts to improve learning and teaching. With for holding us accountable, give us the the Senate Budget Task Force on Edu- that flexibility comes stronger account- flexibility so that we can ensure that cation. It was debated at length in the ability to improve student achievement. we come up with solutions that work Education and Labor Committee, Since that time, since those eloquent for Coos Bay, OR, and The Dalles, OR, where it won on a 17-to-1 vote in the words of Senator KENNEDY, in a 17–1 and you don’t take a ‘‘one-size-fits-all’’ last session of the Senate. Since that vote in the Labor Committee, after cookie-cutter approach and say that time, as I have outlined in my presen- lengthy debate, the sponsors felt that what is done in the Bronx is what is tation, additional changes have been it was important to work with those going to work in rural Oregon. made to promote accountability. who have had reservations about this Before I wrap up, I would like to pay I urge my colleagues to support the legislation, and we have made six addi- a special tribute to our former col- legislation. tional changes in the legislation to league, Senator Hatfield. I served in I yield the floor. strengthen a bill that had virtual the House when Senator Hatfield took Mr. WELLSTONE addressed the unanimous bipartisan support. We have the lead in 1994, working with Senator Chair. strengthened the requirements for pub- KENNEDY and others, to promote this The PRESIDING OFFICER. The Sen- lic participation so that there is public approach. In my view, his record alone, ator from Minnesota. notice. We put in place a requirement standing for years and years for civil Mr. WELLSTONE. Mr. President, I that States include specific, measur- rights laws, for health laws and safety will take about 5 or 10 minutes, and able goals, which include student per- laws, would suggest that there is a then I will yield back the rest of my formance, a requirement that the Sec- commitment by the sponsors of this time. I have had several hours. I say to retary report to the Congress after 2 legislation to ensure that this helps my colleague from Tennessee that I years on how Ed-Flex States are doing. the poor, not hurts the poor. will yield back my time because I have The Secretary must include how the If there was one example, Mr. Presi- to give a talk with law enforcement waiver is affecting student perform- dent, even one, of how an Ed-Flex waiv- people in Minnesota via video. ance, what Federal and State laws are er has harmed the poor, I know I would There are some students from Min- being waived, and how the waiver is af- immediately move to address that and nesota who are here. Welcome. We are fecting the overall State and local re- to ensure that our legislation didn’t glad you are here, and teachers and form efforts. allow it. But we have no examples of parents. There is a requirement that the Sec- how in any of those States the poor Let me just make three points. retary review State content and per- have been exploited or taken advan- First of all, although we will have formance standards twice, once when tage of. We have plenty of examples of tougher debate later on, I say to my deciding if the State is eligible to par- how Ed-Flex has worked in Texas colleague from Oregon, we certainly ticipate and again when deciding where the scores have gone up, in didn’t have any lengthy debate on Ed- whether or not to grant approval for a Maryland where it has reduced class Flex this Congress. We never had a waiver. This is to make sure that there size, in Oregon where poor kids who hearing—not one hearing at all. When is no compromising title I. The Sec- couldn’t get advanced computing under my colleague says they can’t talk retary of Education reviews twice the status quo were able to use Ed-Flex about any abuses, the fact of the mat- whether or not to go forward with an dollars to get those skills that are so ter is that both the Congressional Re- Ed-Flex waiver. critical to a high-skill, high-wage job. search Service and GAO—I am not pre- We have always altered the legisla- So I urge the Senate today to vote judging one way or other, but it is dif- tion to ensure that local review cannot for the motion to proceed, vote for the ficult to talk about what is going on— be waived under Ed-Flex; that is, any bill, empower the communities across both have said we don’t have the data school or school district receiving title this country to earn the right to use in yet. We don’t have the data in. What I funds is still subject to punishment Federal education dollars to serve the is the rush? I might have a different and still has to answer to a local re- vulnerable in our society most effec- judgment about this on the basis—I view board. Those provisions that pro- tively. This is not the sole answer to don’t know whether I will generalize 12 tect the poor cannot be waived. what is needed to improve education, States to 50 States, but I certainly Mr. President, it is no accident that public education, in our country, but it might be less skeptical if in fact we every Governor, every Democratic Gov- is an important step, because it shows had the data and if we had the reports ernor, believes this will be a valuable the people of the country that we can in. We don’t. But we are rushing ahead. tool to them to make existing pro- use existing Federal funds more effec- The second point I want to make is grams work better. tively, that we can be more innovative that my colleague talks about the I think the Senator from Minnesota in serving poor kids. It seems to me ‘‘core’’ requirements. Certainly it is has made an important point in talk- that step does a tremendous amount to true that, with IDEA, the core require- ing about how additional dollars are lay the foundation to garner public ments are kept intact. But as a matter needed for some of these key programs support for areas where we need addi- of fact, we will see that the truth will to serve the poor. But the best way to tional funds. be very clear with this amendment. I generate support for that approach is We are going to need additional funds will have an amendment on the floor, to show that you are using the dollars for a number of these key areas that and it will simply say that the core re- that you get today wisely. That is what the Senator from Minnesota is right to quirements are that title I students be Ed-Flex allows. It is a fresh, creative touch on. But let’s show the taxpayer taught by highly qualified professional approach to Federal-State relations, that we are using existing dollars effec- staff, that States set high standards for one that has enormous potential for tively, as we have done in Oregon, as all children, that States provide fund- improving the delivery of services to we have done in Texas, as we have done ing to the lowest income schools first, the poor and all Americans. in Massachusetts, in line with objec- that States hold schools accountable So I say to the Senate that we have tives that, as far as I can tell, are wide- for making substantial annual progress a chance to take a new, creative path ly supported on both sides of the aisle. toward getting all students, particu- with respect to Federal and State rela- I see the Senator from Tennessee has larly low-income and limited-English- tions where one side says all the an- joined as well, and the Senator from proficient students, to meet high swers reside in Washington, DC, and Minnesota was kind enough to give me standards, and that the vocational pro- the other side says, no, they all reside time from his allocation. I would just grams provide broad education and at the local level. The third path that wrap up by thanking the Senator from work experiences rather than their own is being taken by Ed-Flex, that is being Minnesota and also say that I very job training. I will have an amendment

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2175 that says those core requirements will makes it a far better bill than it is Mr. WYDEN. This will be only 30 sec- be fenced off and no State or school right now. onds. district will be exempt. And my second question is, What On page 12, line 12 of the bill, it Can my colleagues tell me that that about the 75 percent rule? That is a states, and I quote: is the case right now? If so, then that core requirement right now. We worked The Secretary may not waive any statu- amendment will pass with over- that in in 1994. Would both of my col- tory or regulatory requirement of the pro- whelming support. Right now, that is leagues agree that schools with 75 per- gram. not in the bill. Do you have language cent low-income students or more Point blank. You cannot waive any in the bill that guarantees that all should be first priority in funding and of the core requirements. I thank the those requirements will be met? that we keep that in as a requirement, Senator for yielding. Mr. WYDEN. Yes. I think your so that we don’t lessen the financial Mr. WELLSTONE. Mr. President, I amendment is OK. aid to the neediest schools? Would you would say to my colleague from Or- Mr. WELLSTONE. Do both my col- agree? Could I get support for that egon, that if we have the same inter- leagues agree? Lord, we don’t even right now? pretation—and we will see; I get a have to have a debate on it. Mr. FRIST. I would respond to my somewhat different reaction from my Mr. FRIST. Mr. President, I would be distinguished colleague from Min- colleague from Tennessee—I will have happy to respond. nesota, that if we could introduce the an amendment with clear language The PRESIDING OFFICER. The Sen- bill and discuss the bill before specific that lists those core requirements and ator from Tennessee. amendments—right now we have not makes it crystal clear that they are Mr. FRIST. Mr. President, clearly, had the opportunity because of these fenced in and that no State or school we would like to get to the bill, and we delaying tactics, which is what they district can receive any waiver on can actually talk about what is in the are, so the Senator would have the op- those requirements, in which case that bill. The bill has not been, as you portunity to have 3 hours to lay every- will be some good accountability, in know, introduced in the managers’ thing out—if the Senator would just which case I would expect full support package. And I hope that, although the allow us to at least bring this bill to for it. My interpretation is a different morning hour has been reduced, we can the floor at some time so we can dis- one. If you are right that we already get to the bill and discuss what is in it cuss and formally debate and read the have the ironclad guarantees, then this or not. amendments—he is talking about an amendment should pass with 100 votes. For a State to become a title I State, amendment which I have not seen. I Mr. President, let me simply thank in both existing law as well as what we haven’t had the opportunity to see it. my colleagues. We don’t agree, but I will have in our bill, you have to have The Senator hasn’t presented it. It is a think it was important to have the op- the full complement of title I require- little bit strange to be debating spe- portunity to speak about this bill and ments, which will be spelled out. cific amendments and principles to give it, I think, a wide context and to You can’t be an Ed-Flex State both amendments before the bill is intro- speak to what I think are the flaws. We today and in the future law. So is it in duced. are going to have a spirited debate So let me just make a plea to the the bill? Because you can’t be eligible with any number of amendments, and I Senator to allow this bill to be for- unless they are actually in. For the hope ultimately this ends up being a mally introduced, debated, amendment very specific things, if we could intro- very positive piece of legislation that by amendment, if the Senator would duce it, there is a whole list of ac- will make a positive difference in the countability clauses I would like to get like, and I think that is appropriate, but we can’t do it unless the Senator lives of children. In its present shape to after we introduce the bill formally, and form, it does not do that. And we if we could do that, talk about the core allows consideration of this bill. Right now it is important for the American will have a major debate. principles and the protections and the I will yield back the remainder of my accountability. people to understand that we, because of what is going on right now and what time, and I say to my colleagues, I will Mr. WELLSTONE. I say to my col- not be asking for the yeas and nays. We league, this amendment will say that we are hearing, cannot proceed until the Senator from Minnesota allows us can just have a voice vote. States cannot waive the following core I suggest the absence of a quorum. requirements. These have been the core to proceed with the underlying bill. So I will just ask, Is the Senator The PRESIDING OFFICER. The requirements of title 1. going to allow us to proceed to address clerk will call the roll. Would my colleague agree that the Ed-Flex bill? The legislative clerk proceeded to States will not be able to waive these Mr. WELLSTONE. Mr. President, my call the roll. core requirements? colleague, first of all, well knows that Mr. FRIST. Mr. President, I ask Mr. FRIST. I have not seen the core we are going to be allowed to proceed, unanimous consent that the order for requirements. I didn’t hear what the because I asked for several hours and I the quorum call be rescinded. core requirements are specifically. But have about used up my time. So we are The PRESIDING OFFICER. Without if you would allow us to proceed to the going to proceed. objection, it is so ordered. bill at some point, at the appropriate My colleague already knows that, so Mr. FRIST. Mr. President, I would time—right now, as you know, we have there is no reason to press, to make the like to very briefly respond to a couple given the Senator the last 3 hours so he case. With all due respect, we could of points that have been made over the can make these points. We are ready to have a discussion about these issues course of this morning. go to the bill, introduce to America a right now. We can have the discussion The distinguished Senator from Min- great Ed-Flex bill, as soon as the Sen- about them later on. I have spent a nesota has made a number of points in ator is finished. considerable amount of time pointing outlining his view of what needs to be Mr. WELLSTONE. Just to be clear, I out right now that in the bill, as it done with education in this country as get a different message from my two reads, States can receive a waiver from we go forward. His time was delegated colleagues here. This is where the rub- these basic core requirements of title I. to him so that he would have that op- ber meets the road. I spent a lot of I want to make sure we have the strict- portunity, although a lot of us are anx- time on what Ed-Flex doesn’t do and est accountability measures to make iously waiting to get to the bill itself, what we should be doing. My point sure that will not happen. I have point- the Ed-Flex bill, which is the subject of right now is that every single person I ed out that right now, as the bill cur- our debate over the course of today, to- know who has worked on title I and rently stands, States can receive a night and tomorrow, and probably the knows what it is all about is absolutely waiver from the 75-percent require- next several days. committed and insistent that the core ment. First of all, he has outlined many of requirements be fenced in, remain in- Mr. WYDEN. Will the Senator yield? the challenges that we do have in edu- tact, and no State can get a waiver, no Mr. WELLSTONE. I want to make cation today. The great thing about school district can get a waiver. I am sure that doesn’t happen. this whole debate is that whether it is asking the Senator whether he agrees. I will be pleased to yield. In fact, I his intentions or my intentions or the If the Senator agrees, this certainly literally have to leave in a minute intentions of the Senator from Oregon,

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2176 CONGRESSIONAL RECORD — SENATE March 3, 1999 it really is to address the fundamental local schools and local teachers and that is going to be a series of programs issues of education, of really making local principals who can identify spe- which have billion-dollar price tags, sure that our children today, and in fu- cific needs in order to improve edu- million-dollar price tags, that will be ture generations, are best prepared. cation, and make sure those resources billed as the best program out there. And they are not today. We all have are used in the appropriate way to And some of those programs are really come to that conclusion. Parents rec- meet the goals that we all lay out. going to appeal to our colleagues and ognize that and principals understand That is an important concept, because to people listening to this debate. They that, and teachers and school boards a lot of these amendments that are will say: Yes, things like more teachers and Governors, and all the various being proposed, principally on the and construction and all would be groups that we will hear about. other side of the aisle and maybe solely good, and they are very concrete and That is the great thing, that as the on the other side of the aisle, will be to real. Again, we are going to look at No. 1 agenda item coming out of this make some good, strong points that those later. Congress and the Senate, we are ad- this program is great. You will hear me Real quickly, as we go through, are dressing education. Let me say that and others say let’s consider all of we rushing this through? Let’s make the approach is going to be different. those issues, but we need to consider very clear that we are not rushing this There won’t be a lot of heated debate. them in the context of what we are through. We addressed this in the com- What needs to be protected, which pro- doing with education totally and that mittee, the appropriate committee of grams to address, how to address them, is not what this bill is all about. This Health, Education, Labor, and Pension, how much control does the Federal is about the Education Flexibility which is the former Labor Committee. Government have, how much control Partnership Act, the Ed-Flex Act. Senator JEFFORDS will be managing do the local communities have or do I want to begin with that because it this bill with me. He has been very parents have or do Governors have, does set the overall environment in thoughtful, and over the period of time that will be the subject of much of the which this debate can most intel- through a number of different discus- debate that we will hear. ligently be carried out. Without that, sions, we have debated the bill, we A second big issue is flexibility. Peo- we are going to drop into these whirls marked this bill up—again, that is ter- ple on both sides of the aisle are so well of rhetoric: Although this program will minology inside this room—but that intentioned, and we all have our favor- really turn things around—and we all means we have discussed this bill, we ite education program and we think should recognize right up front we can- have debated these amendments, many that that program might be the silver not look just at rhetoric. of them, both last year when it sailed bullet, but we all know that there is no I heard three points over the last 3 through the committee we debated single silver bullet as we address this hours that my colleague from Min- each of these issues and then again this whole issue of educating our young nesota mentioned. No. 1, we are rush- year. It is important for the American peo- people, preparing them for that next ing through this thing and we are try- ple to understand that, yes, this par- century. ing to jam it through the U.S. Senate ticular bill passed last year 17 to 1; Let me say that right coming out of and thrust it upon the American peo- that one person, that colleague we the box, before we even introduce this ple. You hear these words ‘‘rushing it have heard from this morning and I am bill formally, which I think will be through, rushing it through.’’ The sec- sure we will hear from again and again. done early this afternoon: This bill is ond point he seemed to make this But recognize it passed 17 to 1. We ran no silver bullet either. It does address morning was that in some way Ed-Flex out of time at the end of the last Con- the basic principles. It is not a series of hurts poor children. And then he said gress. It came back through the com- programs that are well intended that there is no data, there is no evidence, mittee and was marked up just several may cost money, that may be very there is no information; let’s wait until weeks ago and, again, was passed out good in and of themselves, but it sets we generate some information before and sent to the floor. that principle that does allow more we go forward. In some way it hurts The General Accounting Office study flexibility, more creativity, more inno- poor children, that was almost the which has been cited, which will be re- vation in accomplishing the goals that theme. So I think we need to respond ferred to—again, I will have to turn to most of us agree to. This bill does not to that and move on and look at the my colleague, Senator WYDEN, and say change the resources going in, nor does great things this bill does. thank you. He is the one who initially it change the goals, but it does reorder The third point he made is that our requested that, the initial request to our thinking of how to get from those bill does not address a lot of specific GAO which came back with the report, resources to those goals. And what it programs that he would like to ad- and out of the report we have been able does, it drops the barriers with strong dress, and it is nutrition needs and it is to see great benefits and also some of accountability. Head Start and a lot of afterschool pro- the areas in which we need to strength- When we talk about flexibility and grams and a lot of programs which are en our legislation, which we have done we talk about accountability, that is very important to education and need so we can go ahead and move ahead what this bill does. Not the resources, to be discussed. We need to go back and with that flexibility and account- not yet; we are going to have that ar- evaluate. But that is not what Ed-Flex ability. gument over the course of the year is intended to do. That is not what the Then ‘‘rushing this through,’’ when with what is called—we will all become Ed-Flex bill is all about. you think about most of the education very familiar with it—the ESEA, the What we have is a bill that was gen- we address here, we have not had an ex- Elementary and Secondary Education erated by myself and Senator WYDEN, perience of 5 years. Remember, this is Act. There is an ongoing discussion who just spoke on the floor, that is a a demonstration project today. There right now in Senator JEFFORDS’ com- bipartisan bill that represents strong are 12 States that have Ed-Flex— mittee, the Health, Education, Labor, support with all 50 Governors—every passed in 1994 with six States; another and Pensions Committee. That is ongo- State Governor is supporting this piece six States added on to that. So we have ing and hearings will be held and that of legislation. It is bipartisan, symboli- a 5-year experience in 12 different is where we will be looking at all these cally, because it is RON WYDEN and States with this program already. So, multiple well-intended programs. We BILL FRIST out there who have been yes, we know that it works. So, are we will be looking at all the resources working on this bill for the past year. rushing it through? You can just move going into education. Is it too little? Is We will talk, after the bill is intro- that argument right to the side. it too much? Should we divert certain duced, about the broad support that it No. 2, it hurts poor children? This is of those resources to certain programs? has. But we all know the President said remarkable because it was really the That is not what we are doing today last week: Let’s pass Ed-Flex this theme of this morning: In some way, or tomorrow in the Ed-Flex, the Frist- week. The Department of Education Ed-Flex hurts poor children. Let me Wyden Ed-Flex. That is not what we has been very supportive of this bill just look to some outside groups who are doing. We are looking at how to throughout. Unfortunately, I think have looked at this. streamline the system, make more effi- what we heard this morning may be a If you refer back to the chart behind cient use of those resources, trust our prelude to what we can expect, and me, it is the report of the Citizens’

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2177 Commission on Civil Rights, a wonder- Halfway down you see Hispanic stu- the afternoon colleagues look at the re- ful report that may be referred to sev- dents. Again, if you take the entity of quirements that protect the poor fami- eral times in the course of the next Westlawn, you see an improvement of lies and the poor children that cannot several days, issued in the fall of this 16 percent versus 7.9 percent—again, be waived under the Ed-Flex statute. past year, and they hit right at the that Ed-Flex school doing twice as well Specifically, it is not possible to get a heart. Really, I think we can just move under a schoolwide waiver as they waiver if you are trying to waive the on, almost: would otherwise do. And this is rep- underlying programs of each of the In the Citizens’ Commission’s judgment, resentative data. Again, once we get to critical services that is made possible these waivers did not seriously undermine the bill, you will see. under title I. You cannot do it. And as the statute’s intent to target aid to poor So we see that the Commission on I stated earlier, you can only use those children. Civil Rights—we see hard data. There dollars in a low-income school district; Then, if we look for hard data, again are other examples from Massachusetts you cannot move those dollars out of a we have heard all this rhetoric about, we will hear about. low-income school district and take ‘‘Oh, we have a potential for hurting And then I guess really the funda- them somewhere else. poor children; we have the potential for mental thing I will come back to later So there is a reason for the Gov- this.’’ Clearly, you can create is, our bill can’t hurt poor children, be- ernors and all of the Democratic Gov- hypotheticals in any piece of legisla- cause the dollars have to be used. ernors supporting this legislation. I tion, in any statute, any regulation, Going back to my earlier comments, happen to have some sympathy for the and politicians are pretty good at it. we do not change the dollars and we Senator from Minnesota about the We can create hypotheticals and say if did not change the ultimate goals in need for additional dollars for a variety this were to happen it would destroy the targeted population. Our bill does of human services. But the best way to education and so forth. My approach is not do that. So by law, if you are tar- win support for that additional funding a little bit more the scientist. geted for this population, the money is to show that you are using existing Before coming to the Senate, I spent and the programs have to go there. dollars well and effectively. That is time looking at data and that sci- How you get there is where the flexi- what Ed-Flex does. entific, analytical mind may interfere bility comes in. I am very pleased to have had a with some things, but it does cause me One last point I referred to, which chance to team up with Senator FRIST to ask the question: What data do we was his last point, was that we are not of Tennessee who has worked very hard have? What is the hard data and what addressing nutrition and other well- to bring both parties together. And I is the evidence? And let me just look at meaning programs, again, that we will thank the Senator from Vermont for some of the areas that were mentioned. hear paraded out. Let me just say that the time. Texas, which has a very successful is not the intent of this bill. We can I yield the floor, Mr. President. Ed-Flex program, has accumulated discuss them. We can introduce them. Mr. JEFFORDS addressed the Chair. some representative data which looks Those sorts of issues will be discussed The PRESIDING OFFICER. The Sen- at three different areas. It is going to in the chairman’s committee appro- ator from Vermont. be hard to read, but at the top it looks priately, where they can be debated, Mr. JEFFORDS. I yield back all our at African American students; beneath where we can consider all of the re- remaining committee time. that it looks at Hispanic students; and sources, all of the programs, recog- The PRESIDING OFFICER. All time beneath that it looks at economically nizing there is not one single silver is yielded back. disadvantaged students. bullet to cure education, the challenges The question is on agreeing to the The far left column shows 1996, the of education. The Elementary and Sec- motion to proceed. next column over shows 1997. The col- ondary Education Act is the appro- The motion was agreed to. umn I want to concentrate on is, ‘‘Ac- priate forum that this body has to con- f tual change.’’ Remember, this is hard sider these issues. data, looking at a State that compared With that, I thank you for this oppor- EDUCATIONAL FLEXIBILITY Ed-Flex to non-Ed-Flex. tunity to speak and thank the chair- PARTNERSHIP ACT OF 1999 If you look at that middle column— man for yielding time. The PRESIDING OFFICER. The let me just drop right down to the bot- Mr. JEFFORDS. Mr. President, I un- clerk will report the bill. tom where it says ‘‘Economically Dis- derstand the Senator from Oregon de- The legislative clerk read as follows: advantaged Students.’’ sires some time. A bill (S. 280) to provide for education In 1996—this is for mathematics. This Mr. WYDEN. I thank the Senator flexibility partnerships. is a statewide comparison of selected from Vermont. I could wrap up very The Senate proceeded to consider the campuses in title I, part A. Title I is briefly, even in, say, 5 minutes. bill, which had been reported from the the disadvantaged students element Mr. JEFFORDS. I yield to the Sen- Committee on Health, Education, which we heard so much about this ator 5 minutes. morning. We see in those States, like Mr. WYDEN. I thank the chairman. Labor, and Pensions, with an amend- ment on page 11, line 22, to strike Westlawn Elementary, La Marque ISD, Senator FRIST has said it very well. with the title I schoolwide waiver, in Mr. President, and colleagues, all we ‘‘Part A’’, and insert in lieu thereof that column we see an improvement of want to do under Ed-Flex is to make ‘‘Part B.’’ 16.8 percent. These are just with the sure that these dollars get into the Mr. JEFFORDS. Mr. President, I ask disadvantaged students. The statewide classroom to help poor kids and not get unanimous consent that the pending average was an improvement of 8 per- chewed up by bureaucratic redtape. committee amendment be agreed to cent. Ed-Flex is not a block grant pro- and be considered as original text for Thus, for those disadvantaged stu- gram. It is not a voucher kind of the purpose of further amendment. dents, if you compare the Ed-Flex pro- scheme. The people who are advocating The PRESIDING OFFICER. Without gram, we see that students improved Ed-Flex in my home State of Oregon do objection, it is so ordered. twice as much in the very population not want a Federal education program The committee amendment was that we hear this rhetorical concern to go away. Quite the contrary, they agreed to. about. Again, this is hard data, rep- want those programs. They know that AMENDMENT NO. 31 resentative data. we need those dollars to serve low-in- (Purpose: To improve the bill) We look at African American stu- come students. What we want is, we Mr. JEFFORDS. I send a substitute dents compared to the statewide aver- want some freedom from some of the amendment to the desk and ask for its age. In the Ed-Flex, African American Federal water torture and bureaucratic immediate consideration. students at Westlawn Elementary, we redtape that so often keeps us from The PRESIDING OFFICER. The see they improved by 22 percent; state- using those dollars to better serve the clerk will report. wide average, 9 percent—again, more poor. The legislative clerk read as follows: than a doubling of improvement in the I would just hope, Mr. President, and The Senator from Vermont [Mr. JEFFORDS] Ed-Flex schoolwide waiver program. colleagues, that during the course of proposes an amendment numbered 31.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2178 CONGRESSIONAL RECORD — SENATE March 3, 1999 Mr. JEFFORDS. Mr. President, I ask latory or statutory requirements relat- As I indicated earlier, this legislation unanimous consent that reading of the ing to health and safety, civil rights, is not meant to serve as the sole solu- amendment be dispensed with. maintenance of effort, comparability of tion to improving school and student The PRESIDING OFFICER. Without services, equitable participation of stu- performance. objection, it is so ordered. dents and professional staff in private However, it does serve as a mecha- (The text of the amendment is print- schools, parental participation and in- nism that will give states the ability to ed in today’s RECORD under ‘‘Amend- volvement, and distribution of funds to enhance services to students through ments Submitted.’’) State or local education agencies. They flexibility with real accountability. Mr. JEFFORDS. Today, Mr. Presi- have no authority to waive any of I urge my colleagues to support S. 280 dent, we are taking up what I would those. and to withhold extraneous amend- call ‘‘unfinished business’’ from last The 1994 legislation authorized six Ed ments that will delay and complicate Congress. Our bipartisan efforts in the Flex states, three designations were to its enactment. last Congress resulted in nearly 30 pub- be awarded to states with populations I take this opportunity to thank Sen- lic laws, about a third of them in the of 3.5 million or greater and 3 were to ator BILL FRIST and RON WYDEN and area of education. However, there was be granted to states with populations their staff for their hard work on this one bill that was reported from the less than 3.5 million. legislation. Health and Education Committee with These states were not chosen ran- They have done an outstanding job broad bipartisan support, the Ed-Flex domly nor quickly—the selection proc- and I commend them for their efforts. bill, that was not enacted into law. ess was 2 and one-half years in dura- I yield the floor. A year ago, the President told the tion. The Department of Education The PRESIDING OFFICER. The Sen- Nation’s Governors that passage of this sent out a notice and a state interested ator from Arkansas. legislation—and I quote him—‘‘would in participating in Ed Flex submitted Mr. HUTCHINSON. I am happy to dramatically reduce the regulatory an application. rise in support of the Ed-Flex legisla- burden of the federal government on In the application, each interested tion. I want to commend Chairman the states in the area of education.’’ state was required to describe how it JEFFORDS and Senator FRIST for their Six months ago, Secretary Riley would use its waiver authority, includ- outstanding work, as well as Senator wrote me to reiterate the administra- ing how it would evaluate waiver appli- WYDEN for his bipartisan efforts on be- tion’s support for the Ed-Flex bill and cations from local school districts and half of this legislation which I think urged its passage. The Senate Health how it would ensure accountability. takes a tremendous step—a bold step— and Education Committee heeded his The original six are: Kansas, Massa- toward improving education in our Na- advice and passed it with only one dis- chusetts, Ohio, Oregon, Texas, and my tion’s schools. senting vote. home state of Vermont. Another six I listened closely to some of those The National Governors’ Association, states came on board between May 1996 who spoke earlier today and yesterday under the chairmanship of Governor and July 1997. Those additional states in opposition to this legislation. Time Carper from Delaware, has strongly are: Colorado, Illinois, Iowa, Maryland, and time again, I heard the advocacy of urged the Congress to pass Ed-Flex this Michigan, and New Mexico. greater spending, as if spending were year. Vermont has used its Ed Flex author- the sole gauge for our commitment to Last November, the General Ac- ity to improve Title One services, par- better education in this country. counting Office looked at this program ticularly improving services for those I heard time and time again that Ed- in detail, both at the dozen States that students in smaller rural areas. In ad- Flex was nothing or that it did noth- now participate in the Ed-Flex pro- dition, my home state has also used Ed ing. The fact is that providing greater gram and the 38 that potentially could Flex authority to provide greater ac- flexibility for our State departments of participate under this legislation. It cess to professional development, education, providing greater flexibility found that views among the current which is a very critical area and per- for local school districts, is the single States varied, but it was seen as mod- haps has the greatest impact on en- best thing that we can do to untie their estly helpful. hancing student performance. hands, to take the straitjackets off It would be a gross overstatement to The Department of Education has local educators and ensure that they, suggest that this bill will revolutionize stated that the 12 current Ed Flex in fact, have the ability to make the education. It will be a sensible step in states have ‘‘used their waiver author- decisions that are going to be in the making our limited resources go fur- ity carefully and judiciously.’’ best interests of the students in this ther toward the goal of improving our In last November’s GAO report on Ed country. education delivery system. Flex, several state officials from the I remember well when I came to the The Department of Education, under established Ed Flex states, said that House of Representatives, the U.S. the leadership of Secretary Riley, has ‘‘Ed Flex promotes a climate that en- Congress, in 1993, and the great debate stated that Ed-Flex authority will help courages state and local educators to was on what we should do about wel- States in ‘‘removing potential regu- explore new approaches . . .’’ fare reform. We had established across latory barriers to the successful imple- The bill before us today, S. 280, under this country a process by which States mentation of comprehensive school re- the sponsorship of Senator BILL FRIST could apply for waivers from the bur- form’’ initiatives. and Senator RON WYDEN, has signifi- densome welfare regulations mandated I would like to take a moment to cantly improved the accountability as- on the Federal level. While not all of briefly review the history of Ed-Flex. pects of the 1994 Ed Flex law. the analogy between welfare reform The original Ed-Flex legislation was S. 280 is very specific regarding a and education reform today fit—there first conceived by former Senator state’s eligibility under Ed Flex au- are many differences—there are also a Mark Hatfield, as many of us know, an thority. The bill makes it clear that a number of similarities. individual deeply committed to im- state must have state content stand- The first step toward what became proving education. His proposal had its ards, challenging student performance comprehensive welfare reform was the roots in his home State of Oregon standards, and aligned assessments as ability for States to apply for waivers which has long been a role model in described in Title 1 or the state must and escape the heavy-handed mandates education. have made substantial progress, as de- coming out of Washington, DC. That Under Ed-Flex, the Department of termined by the Secretary, in imple- first step on waivers led us to the much Education gives a State some author- menting its Title 1 state standards. broader step of block grants and com- ity to grant waivers within a State, This legislation also emphasizes the prehensive welfare reform, which has giving each State the ability to make importance of school and student per- worked, and which has taken thou- decisions about whether some school formance. Each local education agency sands and thousands of people who districts may be granted waivers per- applying for a waiver must describe its were living lives of dependency on wel- taining to certain Federal require- ‘‘specific, measurable, educational fare to now lives of independence, lives ments. goals’’ regarding progress toward in- of hope and greater prosperity. It is very important to note that creased school and student perform- It has worked in spite of the dire pre- States cannot waive any Federal regu- ance. dictions about giving the States the

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2179 flexibility to enact what they believed Now, it was said repeatedly that this In fact, as you look over the history would work in their States in welfare bill is nothing. I want to quote a man of the last 30 years of education in this reform; it has, in fact, accomplished I admire greatly, and he is quoted in country, we have seen, by every objec- the stated goals. the Fordham Foundation report enti- tive measurement, a deterioration in I believe that while this, as has often tled ‘‘New Directions.’’ That individual academic success. I suggest to those been said, is not an end-all, it is not a is the Rev. Floyd Flake. Many of you who oppose this bill that they are at- cure-all for educational woes in this will recognize that name because Floyd tempting to defend a status quo that is country, providing the States an abil- Flake was a Congressman from New demonstrably flawed. We can address ity to escape Washington mandates so York State for many, many years, rep- the tragedy of ‘‘Washington knows long as they are accomplishing in- resenting his constituents very well, best’’ and that we don’t trust those tended purposes with proper account- but who was willing to step outside of local officials. What brings us to the ability is an important first step to the box and, in fact, he was so com- floor today—what brings this legisla- take. I hope we will go further. I hope mitted to education reform and im- tion to the floor today is the crisis that we go to dollars to the classroom that proving the lives of the children of his exists in American education. will consolidate a number of Federal constituents in New York, he left the I listened to the distinguished Sen- education programs. But this is bold U.S. Congress—a safe seat for sure— ator from Minnesota. He used many of and this is important. I commend the and went back to his home district to the same statistics that I quote. He bipartisan efforts to bring us to this run a school and pastor a church. This quoted many of the same reports that point. is what Rev. Floyd Flake said, an Afri- I have before me, which emphasize and I think what we are addressing in can American pastor who served in the underscore the crisis we face in Amer- this legislation is the tragedy of bu- U.S. House as a Democrat: ican education. But it seems to me reaucratic waste. We have heard re- While over $100 billion in title I funds have that the opponents are saying it is a peatedly the statistics that have been been expended on behalf of these children— terrible crisis and therefore we need to cited, and I think accurately cited, that is, children at risk— keep the status quo, we need to fund that we have 760 Federal education pro- these funds have not made much difference. current programs at higher levels, grams; that those 760 Federal edu- Study after study has shown that this impor- when what we have been doing has cation programs spend approximately 6 tant Federal program has failed to narrow the achievement gap. The result for Amer- clearly failed. or 7 cents on the dollar in funding for So what this bipartisan bill does is to our local schools, while mandating 50 ica’s neediest girls and boys is nothing short of tragedy. Real education reform will trans- say, let’s try a new approach, and that percent of the paperwork required for form the future prospects of America’s mi- innovation, creativity, and new ideas our educational programs. nority and low-income children, but this are coming from the States and local When PETE HOEKSTRA in the House of cannot come primarily from Washington. schools. Let’s give them the flexibility Representatives began his Crossroads What the Federal Government can do is get to enact those reforms, and I believe Project, looking at education in Amer- out of the way of States and communities we will see education truly improve. ica, one of the first things he did was that are serious about pursuing real edu- cation reform of their own devising. The federally funded National Assess- to try to catalog the number of Federal ment of Educational Progress, the education programs. I have the tran- I believe Reverend Flake, Congress- man Flake, has hit the nail on the NAEP report, reports that 38 percent of script of Secretary Riley before Con- 4th grade students do not even attain gressman HOEKSTRA’s committee. head. We have heard much very strong, emotional and passionate talk about ‘‘basic’’ achievement levels in reading. Chairman HOEKSTRA: How many education In math, 38 percent of 8th graders score programs do you estimate that we have the needs of disadvantaged children. I throughout the Federal Government? [A don’t believe anybody can question below basic level, as do 43 percent of rather straightforward question to ask of the Pastor Flake’s commitment to dis- 12th graders in science. Secretary of Education.] advantaged children. He said the best I point out that there is an obvious Secretary RILEY: We have—what is the thing we can do is get Washington out trend there. In the lower grades, we do page? It’s around 200. I’ve got it here. One better; in the higher grades, we do thing that I do think is misleading is to talk of the way. So I believe we can address the tragedy of bureaucratic waste by worse. That reality was further empha- about 760— sized in the TIMSS test report, which Chairman HOEKSTRA: Well, how many do passing Ed-Flex. you think there are? Secondly, we address the logic that is the best measurement of an inter- Secretary RILEY: We have—I’ve got a page one size fits all; that wisdom flows only national comparison of student here with it. from Washington, DC; that the U.S. achievement. The TIMSS report shows Chairman HOEKSTRA: Just the Department Congress has the wisdom and ability to that while we do quite well in math of Education alone or is this including all and science in grade 4, compared to other agencies? micromanage our schools. So we hear Secretary RILEY: It is just a couple less much about accountability and that students in other countries, by the than 200. somehow by providing States broad, time those students reach the 12th Chairman HOEKSTRA: Is this just the De- new flexibility we are going to water grade, they are almost at the bottom, partment of Education? down or minimize accountability. internationally. So something has Secretary RILEY: Just the Department of Well, I believe it is a very high form clearly gone awry between grade 4 and Education. Chairman HOEKSTRA: Well, how about in- of arrogance to say that we don’t trust grade 12. cluding other agencies and those kinds of local elected officials, we don’t trust I believe that is a strong incentive things. local school superintendents who are for us to change the direction of edu- Secretary RILEY: Well, that is where I was hired by that local school board, that cation in this country. The Fordham going to get into the 760. we don’t trust the Governors of our Foundation report is well named: New It goes on. Congressman HOEKSTRA States, that, in fact, only we can make Directions. It is high time that we find explains the process they had to go those decisions about what account- new directions in education, and that through to actually come up with the ability should be. ‘‘One size fits all’’ is what Ed-Flex does. It is a first step, figure 760 Federal education programs, rarely works in a country as diverse as but it is an important step, freeing us and, in fact, it is quite well verified. So the United States of America. To be- from bureaucratic waste and ineffi- 760 programs that had never even been lieve that we can micromanage local ciency. As President Ronald Reagan cataloged, when you asked the Depart- schools from Washington, whether they used to say, ‘‘The only thing that saves ment, they didn’t even know how many are in inner-city New York City or us from bureaucracy is its ineffi- there actually were. What we are sug- Desha County, AR, or whether it be in ciency.’’ The tragedy is when you look gesting is that those 760 education pro- Detroit or in Miami, the differences in at the inefficiency in the education bu- grams place an enormous paperwork our cultures, our social backgrounds, reaucracy, those whom it is hurting burden on classroom teachers, local and our needs across this country are are those who are most vulnerable—our educators, and on a State’s department so great, we are so diverse, that to be- children, our students. of education. It is in that area that we lieve that we can properly diagnose and Lisa Graham Keegan, Arizona State can address the enormous bureaucratic then treat educational problems from Superintendent of Public Instruction, waste. Washington, I think, is foolish, indeed. recognizes this. She has stated that it

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2180 CONGRESSIONAL RECORD — SENATE March 3, 1999 is ‘‘the lure of Federal dollars tied to cation. And, in the end, the university Mr. FRIST. Mr. President, I ask programs with hazily defined goals,’’ spent the equivalent of 11⁄2 personnel unanimous consent that Senator and compliance with those Federal pro- years compiling what turned out to be SANTORUM be added as a cosponsor of grams is a big cause of the problems we a 9-pound application. both S. 271 and S. 280, the Ed-Flexi- face in education today. Keegan spe- I wish that were unusual. It may be bility Partnership Act of 1999. cifically indicates that 165 employees unusual. But they actually compute it The PRESIDING OFFICER. Without in the Arizona Department of Edu- where it can be quantified. But I am objection, it is so ordered. cation are responsible for one thing, afraid that reflects the experience of Mr. FRIST. Mr. President, I want to and one thing only, and that is man- the education establishment all across take a few moments to speak on Ed- aging Federal programs—165 employees this country. Flex and give just a little bit of back- just to manage the Federal programs, I know that there are many others ground of what the bill is, the impor- which account for 6 percent of Arizo- who want to speak on this bill. I, once tance of the bill, and where we are na’s total spending on education. again, applaud so much of the efforts of going. Now, those 165 employees work out to Senator FRIST, Senator WYDEN and Earlier this morning I had the oppor- be 45 percent of her total staff. She has Chairman JEFFORDS. tunity to comment on the nature of 45 percent of her educational staff in My sister is a public schoolteacher in the bill—that it is not a bill that is in- the educational department in Arizona Rogers, AR. She, right now, I suppose tended to solve all of the problems in doing nothing more than complying is teaching her third-grade class in education today, but it is a focused with Federal programs that account Reagan Elementary School in Rogers, bill, a bill which will be of significant for only 6 percent of the funding for Ar- AR. benefit to hundreds of thousands of I was thinking last evening about my izona schools. schoolchildren. And, if we act on this Something is badly out of kilter experience in elementary school in a bill sometime in the next several days, little town with a population of less when that happens. And it happens not and if the House does likewise with its than 1,000. And I can to this day name only in Arizona, but you can echo those corresponding bill, it could be sent to every elementary teacher I had. The same sentiments by directors of edu- the President very shortly, and hun- first grade, Ms. Jones; the second cation across this country. dreds of thousands of schoolchildren This is an opportunity for us to move grade, Ms. Harris; the third grade, Ms. can benefit in the next several months. Miller; the fourth grade, Ms. in a new direction. That is why we are moving ahead with Shinpaugh; the fifth grade, Mrs. Allen; President Clinton has made it very this particular bill. clear that he decided the problem with the sixth grade, Mrs. Comstock. I can’t It has strong bipartisan support. It is education is class size; that smaller do that with junior high school or col- supported by the Nation’s Governors, class size is a good thing, and that even lege. and by Democrats and by Republicans. But the impact that an elementary if the Federal Government has to step I thank my colleague from Arkansas teacher makes upon those students is in and do it, that is what we should do. who I think did a wonderful job setting beyond exaggeration, I think. Most of the big picture and the fundamentals of No research indicates what the impact us, I suspect, can look back at those el- why a bill that stresses flexibility and of class size is going to have on a ementary teachers who had an incred- accountability really unties the hands child’s ability to learn. Despite this ible impact upon our lives. There is a and unshackles the schools which right there is a $1.2 billion proposal to spend kind of magic that takes place in a tax dollars to reduce class size. That now have huge amounts of paperwork classroom. Chairman JEFFORDS sees it will be a debate for another time. But every time he goes over and reads to and regulations coming down from I think once again it reflects the tradi- those disadvantaged children. All of us well-intentioned laws and statutes tional thinking that we can only solve who have taught, whether it was in passed here in Washington, DC, but education problems with Washington junior high teaching civics, as I did, or really makes it very difficult, in fact solutions. whether it is teaching third grade in impedes their ability to efficiently do In 1996, then-Governor VOINOVICH of the public schools just like my sister what they want to do, and that is teach the State of Ohio who is now our col- does, have experienced that magic students and educate our children. league in the U.S. Senate noted that where the light comes on, where those I thank Senator HUTCHINSON for that local schools in his State had to submit students connect with their teacher, wonderful background and presen- as many as 170 Federal reports totaling the thrill of learning and where the ex- tation. He mentioned the Third Inter- more than 700 pages during a single perience of education catches on in a national Math and Science Study year. This report also noted that more classroom. (TIMSS), and although we are not than 50 percent of the paperwork re- I suggest to those who want to talk going to be talking a lot about that quired by a local school in Ohio is a re- about the need for greater control in today, it is interesting because this sult of Federal programs; this despite Washington and who want to oppose study, which is an objective, very good the fact that the Federal Government providing flexibility to local schools study, recognized nationally and inter- accounts for only 6 percent of Ohio’s that they remember that the magic nationally, is a good measurement of educational spending. One-hundred and happens in the classroom. where we are today. It reflects the seventy Federal reports, Governor I want my sister, Geri, spending her common interests that we have as VOINOVICH said, 700 pages in length, and day teaching those students, creating American people on both sides of the 50 percent of the paperwork, and once the magic, inspiring those kids to learn aisle to present a better future to our again only 6 percent of the educational and to appreciate the value of edu- children by preparing them. spending in Ohio. cation rather than spending her day Behind me are the results of the Then I think the experience in Bos- filling out forms for the 6 percent of Third International Math and Science ton illustrates this need for Ed-Flex as funding that comes from Washington, Study. It is a little bit confusing when well. I quote again from this very im- DC. I don’t want her having to spend you see the chart. But after digesting portant report. It states: her prep hour filling out more forms lots of different studies, the more time Unfortunately, even this estimate is likely for bureaucrats in Little Rock and one looks at this chart the more com- to underestimate the true paperwork burden Washington. fortable it is. And this chart has a lot to local schools and universities across the Mr. President, I believe this is a bold of information which hits right at the country. step. I hope it is not the last one that heart of why we have the problems we According to the President of Boston we take. But it is an important step. I have today. University, John Wesley, Boston Uni- applaud, once again, and am glad to be This particular chart highlights versity spent 14 weeks and 2,700 em- a part of supporting this effort today. science. I have other charts that I ployee hours completing the paperwork I thank the Chair. I yield the floor. won’t show today that also highlight required to qualify for Federal title IV Mr. FRIST addressed the Chair. similar statistics for mathematics. But funding. They were slowed by repeated The PRESIDING OFFICER (Mr. the statistics are very similar, whether corrections and clarifications re- BOND). The Senator from Tennessee is it is reading, science or math that is quested by the Department of Edu- recognized. being evaluated.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2181 Let’s look at science. name for that particular committee. those unnecessary Federal regulations. In the first column, it is grade 4. As We began to address this issue over a And that in one sentence is a descrip- the Senator from Arkansas said, the year ago when first explored it through tion of Ed-Flex. TIMSS study looks at grade 4, looks at the Senate Budget Task Force on Edu- Because the Ed-Flex program is cur- grade 8, and looks at grade 12—all of cation. rently a demonstration program, we those green lines going down in the The more we looked into it, the more have a lot of data available about it. print. There are different countries we felt this bill could make a huge dif- Again, over the course of the debate, that are involved. So you will have a ference, and it is something that Gov- we will come back to some of the out- relative standing of how well the ernment can and should do. The Fed- comes of Ed-Flex and give some exam- United States does in grade 4, 8 and 12 eral Government needs to take the ples of how it is being used. The key versus other countries. leadership role to untie the hands of thing is that Ed-Flex gives flexibility Again, the studies are very good, our States, our schools, and our school to find some of the solutions to specific very carefully controlled from a sci- districts so that they can carry out the problems that vary from school to entific standpoint, and right on target. sort of objectives that we all generally school, school district to school dis- For example, grade 4, at the top of the agree to, the sort of goals that we set trict, and community to community. It list is South Korea. In the fourth grade in this body. allows that element of responsiveness in terms of average score, in terms of Again, what we are doing today, is to to specific needs. In addition, it allows science, the second one down is Japan; expand a demonstration project that a degree of creativity, and innovation. third one, is Austria; the fourth is the began in 1994. As the Senator from These things are critical especially United States. The red line, both in Vermont outlined in his brief history when we see the trends that I just grades 4, 8, and 12, is the United States. of the program—it began in 1994 as a showed on TIMSS which clearly indi- So right off you see in the fourth demonstration project with 6 States. It cate that we can’t just do more of the grade we do pretty well relative to was extended later to another 6 States, same; we can’t just throw more money other countries. In the eighth grade, so now 12 States have the opportunity at existing programs; we can’t accept just as the Senator from Arkansas to be Ed-Flex States. And what we are the status quo; we can’t do a lot of the said, we didn’t do nearly as well. And going to do in this legislation, which things that at first blush we might in the 12th grade, we fall way down. will pass, I am very hopeful, not too think work, because we have tried it in You will also see on the chart a black long from now, is extend that dem- the past and it hasn’t worked. line. The black line indicates the aver- onstration project from 12 States to all Over the past 30 years, we have been age for all countries. 50 States. flat in terms of our student perform- So not only do we know where we Behind me on the map, again, for the ance in this country. Now, some people stand relatively in terms of other coun- edification of my colleagues who may will stand up and say, yes that is true, tries, but we also know where we stand not be familiar with this program, you but look at some results released last with the average of other countries. can see that Massachusetts is an Ed- week or look at some from 5 years ago Again, the observation is in the Flex State, and we have, I think, good where there is a little bit of improve- fourth grade, we are fourth when we demonstrated results there. Texas has ment. I will tell you—and I can bring compare ourselves to other countries, also had positive results with using its those charts—if you plot it out year by which is above average. In the eighth Ed-Flex waiver authority. Earlier this year performance for students has been grade for science, we fall way down, yet morning I had an opportunity to stagnant in the 4th, 8th and 10th we are still above the average. But present some of the outcome data from grades. The problem is that the other look what happens by the time we get that particular State. The color yellow countries that have allowed creativity to the 12th grade. By the time we get on the chart indicates the States where and innovation are all improving and to the 12th grade, Sweden is ahead of Ed-Flex is currently available. But we are being left behind. us, Netherlands is ahead of us, Iceland Tennessee, the State I represent, says, So I don’t want to underestimate the is ahead of us, Norway, Canada, New Why don’t we have that same oppor- power of that innovation, the power of Zealand, Australia, Switzerland, Aus- tunity of increased flexibility for that creativity. We like to think it all tria, and Slovenia, are ahead of us. greater accountability? Let us have begins in this room here with the Con- Denmark is ahead of us, and so are that same flexibility to get rid of the gress; in truth, it begins in those class- Germany, the Czech Republic, and excessive regulations. Let us get rid of rooms with hard-working teachers, France. The Russian Federation is also the unnecessary paperwork. Let us get with hard-working school attendants, ahead of us in the 12th grade in terms rid of the Washington redtape. with those Governors who recognize of science. Now, what they are saying is, Allow that they really have made progress As we look to the future and we look us to look at our local situation, which and need some flexibility. at fields like reading and science and in Nashville is different than Jackson, We will hear a number of examples of mathematics and we see this trend which is different than Johnson City, how flexibility and accountability have over time, that is really the call for us, which is different than Humboldt, worked. In Maryland, we have seen as a nation, to focus on education, to which is different than Soddy-Daisy. that the Ed-Flex program has allowed do it in a bipartisan way, a way that Give us that opportunity. a school to reduce the teacher pupil ra- really does focus on our children today, And, again, you can see how it hap- tios from 25 pupils to 1 down to 12 to 1. and recognize how are we going to be pens. All of us in this body have good They felt that was important and they able to compete in the next millen- intentions when we pass these statutes received a waiver that allowed them to nium with this sort of trend over time. and we pass these laws and then they accomplish this based on their par- As the charts have indicated the go through this regulatory machine. ticular needs. United States is below the average of Everybody has good intentions. But In Kansas, waivers have been used to all these other countries, and the trend the regulations get more and more provide all-day kindergarten, because is getting worse the longer one stays in complicated, which seems to be a com- this was a priority for them. It was a school in the United States of America. mon theme whenever one look at a va- dimension where they had a specific Let me refer once again to what a riety of fields here in Government. need. pleasure it has been for me to partici- Now, one of the issues that we are They were also able to have a pre- pate in the education issue on this par- going to be talking about is waivers. school program for 4-year-old children. ticular bill with Senator WYDEN of Or- So what is the Ed-Flex program? There They also saw they weren’t doing very egon. He and I have been working on are currently 12 States participating. well in reading, so they were able to Ed-Flex expansion through a number of The Ed-Flex program, very simply, is a implement, through the waiver pro- committees and task forces—the Sen- State waiver program which allows gram, new reading strategies for all ate Budget Task Force on Education, schools and school districts the oppor- students. working with the chairman of the tunity to obtain temporary waivers to Now, the waiver issue will come up, Health, Education, Labor, and Pen- accomplish specific education goals but and whenever you hear ‘‘waiver,’’ peo- sions Committee, which is the new free of that Washington redtape, free of ple have to think, and they should

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2182 CONGRESSIONAL RECORD — SENATE March 3, 1999 think, ‘‘accountability,’’ We are say- to specifically say how that waiver will Ed-Flex Demonstration Program To ing, accomplish certain goals, but do it be used, and then you have to have spe- All Qualified States and Territories.’’ in a way that meets your specific needs cific measurable goals written out in It was a resolution. NGA doesn’t do a with programs that you believe will that waiver application. You will be whole lot of resolutions, but this is a work at the local community level. It held accountable for all of that. There major priority for our Governors who is critical that we build in strong, ac- are additional accountability measures understand, like we do, addressing as a countability measures. in the bill, but I have summarized ac- nation, that we must put education at If we look at the history, again refer- countability at the local level. the very top of our priorities. Let me ring to Senator WYDEN’s initial request At the State level, again we include just read the first sentence: to have the General Accounting Office strong accountability measures be- The governors strongly affirm that states look at some of the Ed-Flex programs, cause we address things that are called are responsible for creating an education we can see in GAO’s report in Novem- ‘‘content standards’’ and ‘‘performance system that enables all students to achieve ber of 1998, that the ‘‘Department of standards’’ and ‘‘assessments.’’ In addi- high standards and believe that the federal Education officials told us they believe tion to those content standards and government should support state efforts by that the 12 current Ed-Flex States have performance standards, States are re- providing regulatory relief and greater flexi- bility. used their waiver authority carefully quired to monitor the performance of and judiciously.’’ This is an important local education agencies in schools Skip on down just a little bit to the statement because we are going to hear which have received a specific waiver. second paragraph so we can look back some rhetoric, and we heard a little bit That includes the performance of stu- to the past from the Governors’ per- this morning, that if you give this free- dents who are directly affected by spective. Again, this is Democrats and dom, people are going to abuse it. Peo- those waivers. Then, for those low-per- Republicans, bipartisan, which is the ple say there is no evidence. Based on forming schools or school districts that nature and the real power of this bill. what the Department of Education has are identified, the State must engage— They say: concluded and reported to us through and these are the key words—in ‘‘tech- Ed-Flex has helped states focus on improv- ing student performance, by more closely the General Accounting Office, the nical assistance and corrective action.’’ aligning state and federal education im- waiver system has worked well. And then the last, in terms of the provement programs and by supporting state Ed-Flex is a bipartisan plan. It is a State level, the State can terminate a efforts to design and implement standards- common sense plan that will give waiver at any time; the ultimate based reform. States and localities and school dis- power. If the State says things are not And then just their last sentence: tricts the flexibility, which I have al- going right, it may terminate the waiv- Ed-Flex will provide states and territories ready been stressing. Now I want to er. with increased incentives to strengthen state stress the accountability provisions. At the Federal level, indicated on the efforts to adopt meaningful standards and Accountability is critical to the over- chart at the top of the pyramid, we assessments with greater accountability. all success of the program. It has to be have an additional backup, an impor- As I mentioned earlier, we ran out of built in. The two words I want my col- tant element, I think, to demonstrate time to pass Ed-Flex last year. It is leagues to remember are ‘‘flexibility’’ the pyramid effect of this. That is, the coming back to the floor now. It has and strong ‘‘accountability.’’ Those are Secretary is required to monitor both been passed in the Labor and Human two important principles behind this the performance of the States and also Resources Committee and the now bipartisan bill. to have the ability to, as you can at Health, Education, Labor, and Pen- Now, the accountability measures in the State level, terminate that waiver sions Committee, where we had the op- the current Ed-Flex programs—we have at any time. portunity to discuss many of these 12 programs with this 5-year history— I think this three-tiered level of ac- amendments. We have an opportunity are very good. I want my colleagues to countability is something that is very, to pass this legislation very, very early understand that accountability has very important when we give that in this Congress so it will be to the been strengthened. We have given even flexibility to achieve the specific goals benefit of hundreds of thousands of more teeth to ensure accountability in which are outlined. That, I believe, is a children in the very near future. That the bill and in the managers’ package real recipe for success as we work to- is why we really should not put this that has been put forward. Under cur- wards educating our children and im- off. Some people have said, Why don’t rent law there is less accountability proving those scores that have been re- you consider this in the Elementary than what we are proposing. Under cur- ferred to already this morning. and Secondary Education Act? That is rent law, a State need only have what I will just spend a couple of more unnecessarily pushing a bill off that we is called a comprehensive reform plan minutes, I think, so we can move on know will benefit children today, put- to participate in Ed-Flex. Even though with other people’s comments. But as I ting it off for a year or a year and a the current 12 state program has less pointed out, we have experience with half unnecessarily, given the tremen- accountability than what we are offer- this. This is not a program that we dous consensus that has been reached ing, have been told by the GAO, that pulled out of the sky and said, let’s try around this particular bill. the Department of Education says it out, some experimental program, In closing, let me just say I think the there has been a judicious and careful rushing this through the legislative time really has come that we lend our use of this waiver authority. process. I think we need to recognize efforts to give States and give local- Behind me is a chart which, again, is right up front that we have a 5-year ities and give schools and give school going to be difficult to read from far history with it. It has been a dem- districts the flexibility they need, and away. It is a pyramid and it is tiered, onstration project, it has been en- the tools that they need, to accomplish because we have accountability meas- dorsed by the Department of Edu- the jobs that we, as a society, have en- ures built in at the Federal level, cation, it has been endorsed by the trusted them to do. which is at the top; we have account- President of the United States, it has Ed-Flex is not the cure-all. It is not ability measures built in at the State been endorsed by Democrats and Re- going to be the answer to all of our level, which is the middle; and at the publicans, and something which I think education challenges. But what it is, is bottom of that, we have strong ac- is critically important is the fact that a modest first step at moving toward countability measures built in at the all 50 Governors have said this program that common goal that we all share. base, at the local level. is right; it is what is needed to best I yield the floor. At the local level, there is a require- educate that child who is in the school The PRESIDING OFFICER (Mr. ment to demonstrate why the waiver is system in his or her State. VOINOVICH). The Senator from Massa- needed. You have to spell that out very The Governors are in a position, I be- chusetts is recognized. specifically. The applicant has to say lieve, both to judge but also to lead, as Mr. KENNEDY. Mr. President, I how that specific waiver will be used to we go forward. I have behind me a reso- think all of us in the Senate are look- meet the purpose of the underlying lution that passed just last week from ing forward to these next few days dur- program. Again, we are not changing the National Governors’ Association. ing which we will have an opportunity the purpose of the program. You have The headline or title is, ‘‘Expansion of to address the fundamental issue which

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2183 is on the minds of most families in this closely. I am glad to have a chance to We just passed an increase in mili- country—certainly the working fami- reflect on some of the observations tary pay. There were 26 amendments lies in this Nation—and that is whether that I have made over the years in on that particular proposal. I do not we, as a Federal Government, are going watching that. But we will also have expect that we will have as many on to be partners with state and local gov- an opportunity to debate whether we, this, but nonetheless it is important ernments as we try to address the crit- as a Senate, are going to go on record that we do have a chance through ical issues facing our public schools— as supporting smaller classrooms from today and through the remainder of whether our children are going to be the early grades. the week and through the early part of able to make academic progress and We will have a chance to hear an ex- next week to address some of these have the opportunity to achieve their cellent amendment from the Senator issues. We welcome this chance to full potential. from Washington, Senator MURRAY, on focus on the issues of education and Public education is basically a part- that particular issue. We made a com- also on what our policies are going to nership, and one in which the Federal mitment to the school districts across be. Government has had a very limited the country last year that we were Just to review very briefly, Mr. role, historically. The principal respon- going to start this process. It was going President, this chart demonstrates sibility has been local governments, to go in effect for some 6 years. We quite clearly a rather fundamental and the States have had some interest. made the commitment for the first commitment. That is, for every dollar The Federal Government has really year, but the school districts across that is spent by the States, they spend had a limited interest. As has been the country are wondering whether 62 cents in addition to that for the pointed out, approximately 7 cents out this is going to be a continuum. Cer- needy children in their State. The cor- of every dollar that is spent locally tainly it is extraordinarily timely that responding Federal dollar amount is that can be traced back to the Federal we provide that kind of authorization $4.73. This is a really clear indication Government. Two cents of that is actu- for smaller classrooms, so that the of what we are talking about, pri- school districts all across the country ally in nutrition and the support of marily with Title I, which is the prin- will have some certainty as to what breakfast and lunch programs. It cipal issue here—the resources that are the education policy at the congres- comes down to about 4 cents out of being provided are going to the need- sional level will be on that issue. every dollar that is actually appro- iest children in this country. The President has included the re- And, interestingly, in the reauthor- priated by the Federal Government. sources to fund that initiative, in ex- ization bill of 1994, we changed the di- So all of us are interested in how we cess of $11 billion, in his budgets over rection of Title I to very high poverty can use scarce resources. What we are the next 5 years. That is very impor- areas—very high poverty areas—not talking about here today is not expand- tant, and we will have an opportunity just poverty areas but very high pov- ing that in any way. We are talking to address that issue. erty areas. And when we have a chance, about whether, of that 4 cents, maybe 2 Senator BOXER wants to address as I will in just a few moments, to go cents will be able to have greater flexi- afterschool programs. I think we have through and see what the distinction bility at the local level. seen, with a modest program in the has been in targeting more precisely The question is what are the prior- last year, the beginning of the recogni- the resources, there has been a very ities for us at the Federal level? It has tion of the afterschool problem. Every important indication of progress been generally agreed that the priority day, there are some 5 to 9 million chil- among the children in getting a much for us at the Federal level is going to dren between the ages of 9 and 14, who more targeted direction in terms of re- be targeting the neediest and the most too often find themselves not attending sources. This is part of the reason why disadvantaged children in the country. to their homework, but rather find some of us believe that, in addition to We, as a society, feel that we have themselves involved in behavior which being able to get some kinds of waivers some responsibility, some extra respon- is inappropriate. from the Federal programs in the area sibility—that it is not just a local re- What we have seen is that where of Title I, we ought to insist that we sponsibility to try to deal with those these programs have been developed— are going to require that there be aca- needy children, but that we have a na- where children are able to work in the demic achievement and student im- tional responsibility. That was the afterschool situation, being tutored provement if we are going to move basis for the title I programs. perhaps in their subject matter or en- ahead. We are finding now, under the Over a long period of time, we have couraged to participate in literacy pro- most recent report of Title I, that for debated about how that money can grams—those children are doing much the first time we are making notice- most effectively be used to enhance better academically and socially as able and important gains on Title I. academic achievement and accomplish- well. And when they have the oppor- That has escaped us over the almost 30 ment. As has been pointed out today, tunity to spend time with their parents years, but now we are making some and as was pointed out in the Presi- in the evening time, it is quality time, real progress in the area of Title I. I dent’s excellent statement earlier rather than parents telling children as will have a chance to review that, but today over in the Library of Congress, soon as they get home, ‘‘Run upstairs this is basically an indication to show we know what needs to be done. It is a and do your homework.’’ This has been the targeting of Title I. question now of whether we, as a coun- very, very important, and Senator Secondly, Mr. President, while we are try and a society and a people, are will- BOXER has an important proposal to looking at the issue of flexibility at ing to do it. authorize and to enhance the commit- the present time, I just want to point During the next few days, we will ment in those areas. out what we have done in terms of Ed- have an opportunity to look at a num- There will be modest amendments in Flex. In 1994, we passed what was called ber of different features of the edu- other areas. I know Senator HARKIN the Hatfield-Kennedy amendment on cation priority. We are dealing now has a proposal with regard to school the elementary and secondary edu- with the Frist-Wyden legislation, and I construction. I know Senator BINGA- cation bill. That amendment provided want to speak to that for a few mo- MAN has an amendment about school that six States at that time would have ments and make some observations and dropouts. Some of these are programs Ed-Flex. The Governors then, once also address, later in the afternoon, that we have debated in the past and they were given that kind of approval, what I think could be useful changes in have been actually accepted by the would be able to waive particular re- the legislation. Senate. There are other programs as quirements if any community within I commend Senator FRIST and Sen- well, issues involving technology and the State wanted to do so. When we ator WYDEN for their initiative, and I other matters that will eventually be came to the Goals 2000, we added an- have voted for this legislation to come addressed and brought up. We are not other six States and we permitted the out of our committee both last year interested in undue delay, but we also Secretary of Education to provide Ed- and this year—and, as a matter of fact, believe that there is no issue which is Flex to any school district in the coun- I was the author, with Senator Hat- of greater importance to American try. field, in 1994 that initially set up the families, and we ought to be willing to So what we have seen is, with all of Ed-Flex—and I have followed it very address these issues. the various applications that have been

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2184 CONGRESSIONAL RECORD — SENATE March 3, 1999 made in the period since then, some 54 one State has adopted this approach. ing and teaching. That step will ensure percent have been approved; 31 percent, Schools and school districts already that the real paperwork burdens on when they brought those measures up have great flexibility today and paper- local school districts are diminished. to the Department of Education, were work is not their top issue. As I mentioned, we have 10 States that shown to be unnecessary and therefore According to the General Accounting do not have that capacity or willing- withdrawn; and only 8 percent were Office report that was quoted earlier ness to do so. disapproved. This is a pretty good indi- today, ‘‘information, funding, and man- Families across the Nation want cation that any school district that agement,’’ not paperwork, are the pri- Uncle Sam to be a partner, a helping wanted to seek a waiver of any of these mary concerns of school districts. Pro- hand in these efforts. Parents want re- rules and regulations has been per- visions for increased flexibility, such sults. They want their communities, mitted to do so. In the State of Cali- as waivers, ‘‘do not increase federal as- States, and the Federal Government to fornia, there have been more than 1,000 sistance to school districts, nor do they work together to improve public applications that have been approved. relieve districts of any of their major schools. In doing our Federal part, we That is the current situation in which financial obligations.’’ That is the find- should ensure that when we provide we find ourselves. ing of the General Accounting Office. more flexibility, it is matched with On the issue of accountability, the It is interesting to me, Mr. President. strong accountability for results, so real question is, ‘‘In the waiver of these I would have thought there would be that every parent knows their children regulations, are we going to be able to much more authority and much great- are getting the education they deserve. I support the Frist bill because it give the assurance that we are going to er credibility if those who were talking provides flexibility and takes some have student achievement?’’ What we about this would be able to dem- steps towards holding States account- are basically saying is, if we are going onstrate that the States themselves able. But it isn’t enough. Congress has to give you 5 years of waiving the regu- were willing to waive their statutes the responsibility to ensure that Fed- lations, which take scarce resources, and regulations. That has not been the eral tax dollars are used effectively to and target it on needy children, are we case. In some instances States have, help all children learn. Just giving going to insist that the children are but in many they have not. As the Gen- States more flexibility will not do the eral Accounting Office report shows, going to have student achievement? job. A blank check approach to school even if you granted it, it would not That is what we are asking. reform is the wrong approach. Our pri- And I mentioned, at least to my col- make a great deal of difference, be- mary concern in this legislation is to league and friend, Senator WYDEN, that cause there are so many State regula- guarantee that accountability goes we could add those words in three dif- tions and statutes that are in exist- hand in hand with flexibility. Strong ferent places in the legislation along ence, that are related to this program, accountability measures are essential with the language that is in here and that it would not really have the kind to ensure that parents and commu- resolve at least one of the concerns of beneficial result many of us would nities across the country have con- that I have, and that I think a number like. fidence in the waiver process. of others have as well. I am always glad to hear our good Another fundamental requirement is We have seen since it has passed out friends the Governors talk about reduc- that States and districts must provide of our Committee, as I am sure has ing the regulations, when we have seen parents, educators, and other inter- been explained by the authors of the a reduction in the regulations by two- ested members of the community with legislation, that they provide changes thirds since the authorization of 1994, the opportunity to comment on pro- to try to reflect greater accountability. and yet we have not really heard from posed waivers and make those com- And we very much appreciate that. them, nor have we heard here on the ments available for public review. That is in the managers’ package, and floor of the Senate, how the States These public comments should be sub- it is a good start. I believe the authors themselves have changed their statutes mitted with State or local waiver ap- have gone through that in some detail. and rules and regulations in order to be plications. What we are talking about If not, I will take some time to do that more flexible during this period of is parental involvement. And we will briefly later in my discussion. But this time. have an opportunity to address that. is where we are, Mr. President. In fact, in many cases it is the I am sure we will hear the response What we are interested in is student State’s redtape, not the Federal bu- back, ‘‘Why are we going to do that?’’ achievement. What we are going to in- reaucracy, that will keep schools from That is going to require more action at sist on is to make sure that if we are taking full advantage of the flexibility the State level. We are going to have going to give over to the States the re- that the law provides. Ten States can- hearings in order to hear parents’ sources targeted for these particular not waive their own regulations and views about it. But the fact of the mat- areas, that they are going to be able to statutes because State law does not ter is, unless you get the parents in- come back over the period of the fol- permit it in order to match this. volved, you are not going to do the job. lowing 2, 3, 4, 5 years and demonstrate It is good, as we start off on this, to The parental involvement is essential. the student achievement. That is what have some idea about the scope of this We will have a chance to go through we are interested in and what we want whole debate. I think it is going to be that in the most recent title I report. to address here later this afternoon. useful if we get through this part of it And you can’t show me where in the Mr. President, education is a top pri- in the next day or so. The real guts of Frist-Wyden proposal they are going to ority in this Congress, and few other the whole debate is going to be next guarantee that the parents are going to issues are more important to the Na- week when we come to the questions of have a voice in the final decision that tion than ensuring that every child has classrooms and afterschool programs. is going to be made here. It just is not the opportunity to attend a good, safe, But I do want to make some addi- there. You show me a community and modern public school. The Ed-Flex tional points. In fact, in many cases, as where you have intense parental in- Partnership Act can be a useful step I mentioned, it is the State’s redtape, volvement, and you are going to see a toward improving public schools, but not the Federal bureaucracy, that will school system that is moving in the to be effective, it must go hand in hand keep schools from taking full advan- right direction. You show me a commu- with strong accountability. tage of the flexibility that the law pro- nity where parental involvement is dis- Current law already contains sub- vides. That is why, if tied to strong ac- tant or remote, and you are going to stantial flexibility. As I mentioned, the countability, expanding Ed-Flex makes see a school that is in decline. Those 1994 amendments to the Elementary/ sense, so all States can ease the burden are not my conclusions—those are the Secondary Act reduced paperwork and on local school districts as they obtain conclusions of the educational commu- increased flexibility. Since then, two- increased Federal flexibility. nity. We want to make sure that par- thirds of the Act’s regulations—two- One requirement to be eligible for ents are going to be involved when thirds—have been eliminated. States Ed-Flex is that a State must be able to waivers are being proposed to get their now have an option to submit a single waive that State’s statutory or regu- kind of input. And there will be the consolidated State application instead latory requirements which impede transmission of their views to the Sec- of separate applications, and all but State or local efforts to improve learn- retary.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2185 Mr. President, it is essential that cific student achievement goals. That of the 13 large urban districts that re- States and districts provide parents, is true accountability. port 3-year trend data, there were in- educators, and other members of the If you review the different State an- creases in the number of elementary community with the opportunity to nual reports, there is a dramatic con- students in the highest poverty schools comment on proposed waivers and trast between what has been imple- who met the district or State stand- make their comments available for mented by the State of Texas in using ards of proficiency in writing or math. public review. These public comments the greater flexibility to enhance stu- Six districts, including Houston, Dade should be submitted with State or local dent achievement and what has hap- County, New York, Philadelphia, San waiver applications. pened in many of the other States. Antonio, and San Francisco made That is what we are talking about. True accountability is what we want to progress in both subjects. Just make that change. Public com- achieve if we are going to have the Federal funds are increasingly tar- ments should be submitted with State Federal funds. geted to the poorest schools. The 1994 or local waiver applications. That Each of these requirements is sen- amendments to Title I shifted funds, as would move us in a very, very impor- sible. No one wants a heavy-handed I mentioned, away from low-poverty tant, very positive way—we get the Federal regulation of State and local schools into high-poverty schools. student accountability and we get the education. That is not the issue. The parental involvement. Those are the real issue is accountability. These im- Today, 95 percent of the high-poverty measures we are looking at, Mr. Presi- portant requirements are well designed schools receive Title I funding, up from dent. to achieve it. We should do nothing to 80 percent in 1993. We must also ensure that all stu- undermine these principles, especially The percent of schools with parent dents, particularly the neediest stu- when we have new evidence that they compacts—agreements between teach- dents, have the opportunity to meet work, particularly for the neediest stu- ers and parents about how they will the high State standards of achieve- dents. work together to help the children do ment. Fundamental standards should ‘‘The National Assessment of Title better—rose from 20 percent in 1994 to not be waived. Parents need to know I,’’ released earlier this week, shows 75 percent in 1998. A substantial major- how their children are doing in every that student achievement is increasing ity of the schools find their compacts school, and in the poorest performing and that the Federal Government is an are important in promoting parents’ schools, parents also need help in effective partner in that success. The involvement, especially in higher pov- achieving change. glass on the table is half full, not half erty schools. Parent involvement is a Under Title I, disadvantaged students empty as critics of public schools key element in terms of academic have the opportunity to achieve the would have you believe. This is good achievement, and that is why we be- same high standards as all children. news for schools, good news for par- lieve their voice regarding waiving the School districts must provide realistic ents, good news for students, and it requirements should be heard and at assistance to improve low-performing should be convincing evidence to Con- least considered. schools. Flexibility makes sense, but gress that many of the reforms we put Title I funds help improve teaching not if it means losing these essential in place in recent years are working. and learning in the classroom. Ninety- tools for parents and communities to Since the reauthorization of Title I nine percent of Title I funds go to the achieve reform and improve their in 1994, a nonpartisan Independent Re- local level; 93 percent of those Federal schools. view Panel, made up of 22 experts from There were four very important across the country, has overseen the dollars are spent directly on instruc- changes in the 1994 authorization: first program. Title I is the largest Federal tion, compared to only 62 percent of all was a significant reduction in paper- investment in improving elementary State and local education dollars that work; second, the targeting of the and secondary schools. Title I helps to are spent on instruction. highest incidence of poverty; third, the improve education for 11 million chil- We are going to hear a lot as we de- heavy involvement of parents in terms dren in 45,000 schools with high con- bate education about where the Fed- of the participation; and fourth, and centrations of poverty. It helps schools eral money that is appropriated goes, perhaps most importantly, high stand- provide professional development for in terms of Federal bureaucracy and ards. teachers, improve curriculums, and ex- administration, State bureaucracy and We move away from dumbing down. tend learning time so students meet how much of the money goes to the We establish high standards for poor high State standards of achievement. local level. This is the most recent re- children as well as children that were Under the 1994 amendments to Title port that has been done by independ- coming from other communities. Those I, States were no longer allowed to set ents. It shows that local school dis- factors have had an important positive lower standards for children in the tricts get 95.5; State administration is impact. We are finally getting there. poorest communities than they set for 4 percent, Federal administration is We must ensure that increased flexi- students in more affluent communities. one-half of 1 percent. State administra- bility leads to improved student The results are clear: even the hardest- tion of their own programs are consid- achievement. Accountability in this to-reach students will do well when ex- erably higher, as the chart indicates. context means that States must evalu- pectations are set high and they are ate how waivers actually improve stu- All of these steps are working to- given the support they need. gether to improve student achieve- dent achievement—open-ended waivers Student achievement in reading and ment. The best illustrations of these make no sense. Results are what math has increased, particularly in the successes are in local schools. In Balti- counts. Student achievement is what achievement of the poorest students. more County, MD, all but one of the 19 counts. Since 1992, reading achievement for 9- Title I schools increased student per- The Secretary of Education should be year-olds in the highest poverty formance between 1993 and 1998. The able to terminate a State’s waiver au- schools has increased nationwide by a success has come from Title I support thority if the student achievement is whole grade level. Between 1990 and for extended year programs, implemen- not improving after 5 years. States 1996, math scores of the poorest stu- tation of effective programs in reading, must be able to terminate any waivers dents rose by a grade level. granted to a school district or partici- Students are meeting high State and intensive professional development pating schools if student achievement standards, too. Students in the highest for teachers. is not improving. If waivers do not lead poverty elementary schools improved At Roosevelt High School in Dallas, to satisfactory progress, it makes no in five of six States reporting 3-year 80 percent of the students are poor. sense to continue. data in reading, and in four out of five Title I funds were used to increase par- What I have been mentioning here is States in math. Students in Con- ent involvement, train teachers to being practiced in one of the Ed-Flex necticut, Maryland, North Carolina, work with parents, and make other States, and is showing remarkable im- and Texas made progress in both sub- changes to bring high standards to provement in terms of education. That jects. every classroom. Reading scores have state is Texas, where they have real Many urban school districts report nearly doubled, from the 40th per- student achievement, real account- that achievement also improved in centile in 1992 to the 77th percentile in ability, parental involvement, and spe- their highest poverty schools. In 10 out 1996.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2186 CONGRESSIONAL RECORD — SENATE March 3, 1999 During the same period, math scores In addition, many schools are seri- cation, the Nation’s children deserve soared from the 16th percentile to the ously understaffed. During the next the best that we can give them. 73rd percentile, and writing scores rose decade, rising student enrollments and Mr. DODD. Will my colleague yield from the 58th to the 84th percentile. massive teacher retirement mean that for 30 seconds? That is remarkable. the Nation will need to hire 2 million Mr. KENNEDY. Yes. What happened in this area? We got new teachers. Between 1995 and 1997, Mr. DODD. I want to commend the the parents involved and we enhanced student enrollment in Massachusetts distinguished Senator from Massachu- the training of teachers to work more rose by 28,000 students, causing a short- setts who, for years, along with our effectively with the parents to bring age of 1,600 teachers—without includ- colleague from Vermont, has been such the high standards into every class- ing teacher retirements. a leader in these issues. I particularly room. We must fulfill last year’s commit- thank him for raising the issue of the The Baldwin Elementary School in ment to help communities hire 100,000 after-school program. Several of us Boston, where 80 percent of the stu- new teachers, as part of our national have been talking about this. As my dents are poor, performance on the pledge to reduce class size. Research colleague from Massachusetts knows, I Stanford 9 test rose substantially from has documented what parents and offered an amendment last year when 1996 to 1998 because of the increases in teachers have already known—that we considered the Ed-Flex bill in com- teacher professional development and smaller classes enhance student mittee to increase federal support for implementation of a reform to raise achievement. after-school programs. My colleague standards and achievement for all chil- It is equally important to help com- from California is interested in the dren. munities recruit promising teacher subject, as well. We would like to bring In 1996, 66 percent of third grade stu- candidates, provide new teachers with this issue up. It is a very important dents scored in the lowest levels in trained mentors who will then help one which we will talk about later. I math. By 1998, 100 percent scored in the them succeed in the classroom, and thank him for including that in his re- highest level. In 1997, 75 percent of give current teachers the ongoing marks as he gave an overview of where fourth graders scored in the lowest lev- training they need to help keep up with we are on education issues. Mr. KENNEDY. I thank the Senator els in reading. By 1998, no fourth grad- modern technology and new research. ers were at the lowest level, and 56 per- Another major need is in the area of from Connecticut. We are all mindful cent were at the highest level. afterschool activities. According to the that our good friend and colleague is a We have seen that the National As- National Assessment on Title I, oppor- leader in this body in many areas, but sessment of Title I shows that high tunities for children to participate when it comes to children’s interests, he is truly our leader. And on the issue standards and parental involvement afterschool and summer school pro- of afterschool programs, Senator get better results for children, particu- grams have grown from 10 percent of BOXER has been in the forefront of that larly the neediest children. That is Title I schools to 41 percent in 1998. effort. We look forward to having a what we would like to see come That has made an important contribu- good debate on that issue as we move through this legislation—where you tion to the enhancement of these chil- ahead as well. I thank the Senator very get the flexibility, but you are also dren’s achievement. But more needs to much for his involvement. Hopefully going to be able to demonstrate en- be done. We must increase support for we will have an opportunity to con- hanced student achievement and paren- afterschool programs. sider that in the next day or so. That is tal involvement. Those are the two key In addition, children who have fallen certainly our hope because it is a mat- requirements. behind in their school work need oppor- The improvements so far are grati- ter of enormous importance. tunities to catch up, to meet legiti- Mr. DODD. I thank the Senator. fying, but there is no cause for compla- mate requirements for graduation, to Mr. JEFFORDS addressed the Chair. cency. Clearly, more needs to be done. master basic skills, and to meet high The PRESIDING OFFICER. The Sen- We must build on these successes to en- standards of achievement. A high ator from Vermont is recognized. sure that all children have the best school diploma should mean some- Mr. JEFFORDS. First, Mr. President, possible education. Increasing flexi- thing—it must be more than a certifi- I want to thank the Senator from Mas- bility without accountability will stop cate of attendance. It should be a cer- sachusetts. We have been working with progress in its tracks. But just increas- tificate of achievement. High-quality him on the questions of accountability. ing flexibility with accountability afterschool and summer school aca- I am hopeful that we will reach agree- won’t do the job either. demic improvement activities should ment on an amendment, which he may We must provide more support for be available to every child in every propose, so that we will not have issues programs like Title I to make these op- community in America. in that regard. I point out that the sub- portunities available to all children. Finally, we must do more to see that stitute amendment which I offered We must do a better job of supporting every child in every community is today includes many improvements the States and local communities in learning in safe and modern facilities. with respect to accountability over the their efforts to hire and train teachers. Across the country, 14 million children bill that we passed last year out of The National Assessment of Title I in one-third of the Nation’s schools are committee 17–1. found that too many students in too learning in substandard buildings. Half I will run through, very briefly, the many Title I schools—particularly of the schools have at least one unsat- areas where we have already improved those with high concentrations of low- isfactory environmental condition. It the accountability and are still at- income children—are being taught by will take an estimated $100 billion to tempting to reach agreement with the unqualified teachers. repair the existing facilities. minority. The teacher shortage forced many Too many children are struggling to First, the substitute amendment I of- school districts to hire uncertified learn in overcrowded schools. This fered strengthens the accountability teachers, and asked certified teachers year, K through 12 enrollment reached features already included in S. 280. It to teach outside their areas of exper- an all-time high and will continue to adds State application requirements tise. Each year, more than 50,000 under- grow over the next 7 years. Commu- relating to the coordination of the prepared teachers enter the classroom. nities will need to build new public Education Flexibility plan with the One in four new teachers does not fully schools. State comprehensive reform plan, or meet State certification requirements. The agenda is broad, but the need is with the challenging standards and as- Twelve percent of new teachers have great. We are on the right track. There sessment provisions of title I of the had no teacher training at all. Stu- is no need to make a u-turn on edu- ESEA. dents in inner city schools have only a cation. We are making progress. We This Managers Package adds empha- 50 percent chance of being taught by a need to build on these successes and do sis that student performance is an ob- qualified science or math teacher. In what we can to meet the pressing needs jective of Ed-Flex. It adds provisions Massachusetts, 30 percent of teachers of schools across the Nation, so that we regarding annual performance reviews, in high-poverty schools do not even can meet the high standards of by the State, of local educational agen- have a minor degree in their field. achievement. When it comes to edu- cies and schools which have received

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2187 waivers, and reemphasizes the author- ducing class size with their Ed-Flex be in compliance with title I. If it is ity of the State to determine waivers if waiver. They were able to lower the not in compliance with title I, it isn’t LEAs or schools are not meeting their student-teacher ratio from 25-to-1 to going to get a waiver. If at any point it goals. It also adds provisions of public 12-to-1. has been given a waiver and it is not in notice and comment, and provisions re- As we go forward with efforts to try compliance with title I, the Secretary quiring additional reporting by the sec- to get additional funding that we need has the authority to come forward and retary regarding his rationale for ap- to reduce class size in America, which revoke it. proving waiver authority and the use we know is so critical in improving So the accountability provisions of that authority. We will continue to student performance, let us not pass up have been especially important to the work and, hopefully, we can reach the opportunities to use the Ed-Flex sponsors of this legislation. And this agreement so that we will not lengthen program to make it possible with exist- idea that somehow Ed-Flex has relaxed the time necessary for passing this im- ing dollars to reduce class size in the standard is simply not true on the portant legislation. America. basis of the clear language of the bill. Mr. President, I yield the floor. Third, Mr. President and colleagues, These requirements are kept in place. Mr. WYDEN addressed the Chair. there have been questions raised about We have added six requirements for ac- The PRESIDING OFFICER. The Sen- whether the dollars are going to get to countability since the legislation came ator from Oregon. the neediest children, and particularly out of committee. Mr. WYDEN. Mr. President, the dis- with respect to title I, which is one of I would like to wrap up by giving the tinguished Senator from Massachusetts the seven programs that are eligible for U.S. Senate an example of how I got has given, in my view, a very impor- Ed-Flex but certainly is an especially into this issue, because I think it is im- tant address to the U.S. Senate. I want important program to all of us. portant to get beyond some of the rhe- to take a few minutes and try to re- What we have done—and we have torical arguments about this legisla- spond to a number of points. The Sen- outlined it here—is we have kept in tion and talk about real people, real ator has made a number of points that place every single one of the core re- people who benefit, especially the low- I certainly agree with as a Democratic quirements with respect to title I pro- income kids of our country. We have a high school about an hour sponsor of this legislation, along with tecting our neediest kids. It is off the from my hometown in Portland. They the Republican sponsor, Senator FRIST. table, folks, in terms of waiving any of wanted poor kids to get help with ad- But there are a number of areas where those core requirements. You can’t do vanced computing. The problem was I think the record indicates that we it; it is off the table. And although it is that the school didn’t have the instruc- ought to take another look. hard for Members of the U.S. Senate to tors who could teach advanced com- For example, the distinguished Sen- see these charts, we specifically out- puting and they didn’t have the equip- ator from Massachusetts has said that, line the requirements that cannot be ment. So under current law, those in some way, the States are being free waived. youngsters, low-income youngsters, riders here, that they are asking the In addition, with respect to title I—I wouldn’t have had the opportunity to Federal Government to waive various think there is some confusion perhaps pick up those skills to put them on the regulations, but the States are some- at this point with respect to how the how not willing to do that. As our col- path to high-skill, high-wage jobs. Ed-Flex funds can be used—under cur- But in this rural district an hour leagues will see on page 6, line 7, it is rent law, you can only put those dol- from my home town is a community specifically required that the States lars into low-income school districts. college just a short distance away that are willing to do some heavy lifting That is the only place they can go. We would make it possible, with instruc- and also be part of this effort to show keep that requirement. So today, and tors and equipment, for those poor kids that they are going to try to ratchet under this Ed-Flex legislation that is to get help with advanced computing. out of their systems some of the foolish before the U.S. Senate, it is not pos- So instead of students who couldn’t get bureaucracy. This ought to be a two- sible to flex any dollars away from a what they needed without additional way street and I think the distin- program to help low-income youngsters funds, without additional redtape and guished Senator from Massachusetts is and send them packing to another dis- bureaucracy, what this town did in absolutely right in insisting on that. trict that will not need them as much. rural Oregon was simply say we are What is thus required today, the legis- I would like to spend a little bit more going to use the dollars that we aren’t lation spells out on page 6, line 7, that time on this question of account- equipped for at the local high school to the States are not going to be able to ability, because this is an area where make sure that the kids get advanced be free riders. They are going to have the sponsors of the legislation have computing at a community college just to waive some of these mindless regula- been very open to trying to address the a short distance away. tions as well. I think that is an impor- concerns of those who have begun to That is what Ed-Flex is all about— tant point for the U.S. Senate to con- look at this program and may not have taking this regulatory straitjacket off sider as we go forward. been familiar with it in the past. some of the thousands and thousands Now, another area that has been But I want to say that we have made of school districts across the country. raised is this question of smaller class six changes in the legislation since it They can’t use the money for pork bar- size. I think the Senator from Massa- came out of the Senate Labor Com- rel projects. They can’t use it to waive chusetts again is absolutely right in mittee last year by a 17 to 1 margin. In standards. They have to comply with saying that we do need additional addition to the public notice and op- accountability. But they can teach ad- funds to reduce class size in America. I portunities for citizen comments that vanced computing to poor kids. That is have, on several occasions, voted for the distinguished chairman of the com- why it is going to make a difference just those kinds of measures to provide mittee, Senator JEFFORDS, touched on, when we extend this to 50 States. additional funds to reduce class size. there are requirements for specific I am looking forward to working But I think it is important to note that measurable goals, which include stu- with our friend and distinguished col- Ed-Flex, now in 12 States, is helping us dent performance, which Senator KEN- league, Senator KENNEDY, who knows to reduce class size using existing law. NEDY is right to focus on. There are re- so much about this issue, on his The Senator from Massachusetts is ports that would be required for the amendment with respect to the correct; we do need additional funds to Congress every 2 years on how the Ed- achievement standards. My under- reduce class size, but let us not pass up Flex States are doing. standing is we are getting fairly close the opportunity to use existing law, ex- And then I am especially pleased that on that. I want to make sure, in par- isting Ed-Flex opportunities to reduce we have required now that a State re- ticular, that we can incorporate what class size. For our colleagues who view a State content and performance the schools call the student perform- would like to have a good example of standard twice: First when it is decided ance standards, so it includes some of how Ed-Flex helps to reduce class size, that the State is eligible to partici- the things like dropout rates and issues we can turn to the Phelps Luck ele- pate, and again when deciding whether like that in addition to the tougher mentary school in Howard County, MD. or not to grant approval for the waiver. test scores. But I think Senator JEF- There they put a special priority on re- This makes it clear that a State must FORDS spoke for all of us a minute or so

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2188 CONGRESSIONAL RECORD — SENATE March 3, 1999 ago where I think we are getting close, So I think this is an important de- take special strides to try to develop and I want Senator KENNEDY to know bate. I said earlier most Americans ways to involve parents in the process. that we are going to go forward in good have no idea what Ed-Flex is all about. This might be one of the most difficult faith and try to work that amendment I bet a lot of people at this point think issues we face, one of the most chal- out. Ed-Flex is a guy who is teaching aero- lenging issues we face, but, ultimately, Finally, the last point I want to bics at the local health club. We are if we get it right, could be the lever make deals with the parental involve- going to have to spend some time talk- that moves significant reform and in a ment issue. We keep in place all re- ing about this issue to show why it is way which we all can afford, because I quirements for parental involvement— actually beneficial in the real world in don’t think there is any person in this all of it. But it seems to me, Mr. Presi- terms of serving poor kids and meeting body who would say that we can do less dent, and colleagues, that if we are the needs of the communities. I think than improve the involvement of par- talking about the best way to get folks we can do that. ents in the education of their children. involved in a convenient, accessible Mr. President, I yield the floor. The Ed-Flex bill provides flexibility kind of way, it is to have these Ed-Flex Mr. REED addressed the Chair. to States. But, as I have stressed be- programs that empower local commu- The PRESIDING OFFICER. The Sen- fore, flexibility must be a carrot for nities to set up opportunities for folks ator from Rhode Island. and matched up with accountability. to participate. Mr. REED. I thank the Chair. It is, One aspect of this—and the debate is I know that people in rural areas who indeed, invigorating and encouraging ongoing now in discussions—and I are 3,000 miles away from Washington, to be in the Chamber today to talk again commend the sponsors for their DC, find it a lot harder to come to one about education, talking about an in- willingness to talk and to discuss and of the useful hearings and forums that novative proposal to try to reform edu- negotiate these amendments, these are held by the distinguished Senator cation and also being able to have a proposed amendments—I think we have from Massachusetts. I can get to them. principled debate about increasing the to be very clear what we are trying to I find them very, very useful. But I can accountability that should be inherent use the flexibility to achieve. tell you that folks in rural Oregon in this proposal because the issue of In my view, we are trying to improve would much rather be empowered to flexibility alone without account- student performance. Our focal point participate at the local level than to ability could lead simply to sending should be improved student perform- try to say we are going to in some way funds to States without proper con- ance, and this legislation should reflect skew more of the parental involvement trols. And so I believe we will have to that overriding focal point. It is one back to Washington, DC. emphasize in this debate and ulti- thing to provide relief from forms of At the end of the day, what Ed-Flex mately in this legislation account- regulation to make the life of a prin- is all about is a third path with respect ability as well as flexibility. cipal a little easier, the life of school to Federal-State relations. We now I have been working on these issues committee people a little easier, and have two camps on this issue. There is since my time in the other body on the maybe free up a few extra dollars along one camp that says only the Federal Education and Labor Committee and the way, but if that does not result in Government has the answer, that those here on the Labor and Human Re- improved student achievement, then folks at the local level can’t chew gum sources Committee, and I have always we have missed the boat, we have and walk at the same time, do not tried to stress the notion of account- missed the point. That should be our trust them, and run these programs at ability because, sadly, there are too overarching goal, and I believe the the Federal level. Then there are a many children in this country today amendment Senator KENNEDY and I are group of people 180 degrees the other who are not receiving quality edu- proposing is a key to that, and I hope way. They say that everything the cation, particularly in rural areas and we are making progress to come to a Federal Government touches turns into in central cities. And if we simply principled reconciliation. Mr. KENNEDY. Will the Senator toxic waste, just give us all the money transfer funds without some meaning- ful accountability, I think we will con- yield? at the local level, and we can’t possibly Mr. REED. I am happy to yield. do any worse with those dollars than tinue to promulgate that disadvantage Mr. KENNEDY. I want to say how the Federal Government does. and continue to do disservice to those much I agree with the Senator from What Ed-Flex is all about—and in Or- children. Rhode Island. Student achievement is egon, particularly with Senator Hat- I would prefer, frankly, to look at all measured by the individual State’s pro- field’s leadership, we have done it in these issues in the context of the reau- gram. I think it is important that we health, in welfare, with the environ- thorization of the Elementary and Sec- underline that student achievement is ment—what we have said is that Ed- ondary Education Act, because how- measured by what is happening in the Flex is a third path. And we have told ever innovative this approach is today States, not by some Federal standard. the Federal Government, in areas with Ed-Flex, it is in my view a nod to- That is all we are asking. The State es- where we have received waivers, that ward reform, a genuflection toward re- tablishes its criteria, and all we are we will meet all the requirements of form, but it is not the comprehensive saying is if you are going to get the ad- the Federal laws, all of them, and the reform, frankly, that we should be en- ditional flexibility and you are going Federal Government can hold us ac- couraging because that comprehensive to get the resources, that at some place countable; but in return for that com- reform requires improvement in teach- someone ought to know whether the mitment to comply with all of the Fed- er quality, the repair and moderniza- students are achieving and making eral laws, give us in Oregon the chance tion of schools, reduction in class size, progress. to tailor the approaches that we are strengthening parental involvement, Mr. REED. I think that is precisely using to meet the individual needs of equipping our libraries with the mod- correct. We are not talking about a na- our community. ern technology and the modern media, tional standard, a national level of I feel very strongly that poor kids which is so necessary. And those are achievement. We are talking about let- need the funds that are available under the hallmarks of real reform, and those ting the States propose their levels of title I. I will fight as hard as any Mem- we will encounter in a comprehensive achievement and then measuring how ber of the Senate to make sure that and systematic way in the reauthoriza- well this flexibility leads to the accom- there is no compromise there. But I do tion of the Elementary and Secondary plishment of their goals. think that in coming up with ap- Act. But if we are to deal with and Mr. KENNEDY. This is really all we proaches to best meet the needs of kids move forward on the issue of flexi- are saying. We are taking Federal re- at the local level with respect to title bility, we have to do it right, and we sources—resources that will go into the I, what works in rural Oregon is going have to do it with respect to account- States and to the local communities— to be different than what works in the ability. and communities are going to use these Bronx, and the opportunity to get away I want to emphasize one other point resources in ways that are going to be from that one-size-fits-all approach in terms of this comprehensive ap- consistent with the overall purpose, while holding communities account- proach to education reform. I hope that which is targeting the needy children, able is what Ed-Flex is all about. in this year’s reauthorization we would and, over 5 years at least, there will be

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2189 some progress in student achievement onstration States confirming that every child in this country access to an according to what the State has estab- what they have done with Ed-Flex has excellent education. Indeed, we hope to lished. led to improvement in student per- guarantee every child in this country Would the Senator agree with me formance or just overall improvement access to an excellent education. that an example which incorporates in the educational process. The GAO With that, I yield the floor. what we are intending to do is in the has looked at this issue. Their report The PRESIDING OFFICER. The Sen- State of Texas, which has set numer- certainly raises as many questions as ator from Maine. ical criteria that are closely tied to it answers with respect to this issue as Ms. COLLINS. Mr. President, I am both schools and districts, and the spe- to whether Ed-Flex is working in those pleased to be an original cosponsor of cific students affected by the waiver? 12 States that already have the flexi- the Education Flexibility Partnership Texas expects all districts that receive bility to do what we are proposing to Act. This legislation will help States waivers under Title I to make annual do legislatively here. and local schools to pursue innovative gains on test scores so that in 5 years The other thing I suggest, too, is it is efforts to improve K–12 education. I 90 percent of all the students will pass a concern—and it is a concern that was commend my colleagues, Senator State assessment tests in reading and expressed by my colleague from Or- FRIST and Senator WYDEN, for bringing mathematics. Texas districts must egon—about whether this may endan- forth this legislation. Senator WYDEN make annual gains so at the end of the ger funding for the neediest students. I has very effectively demolished the same 5 years, 90 percent of African don’t think there is anyone in this myths about this legislation. The fact American students, 90 percent of His- body, again, who would encourage such is, the goal of this legislation is to im- panic students, 90 percent of white stu- a development. We recognize, particu- prove—to improve the education that dents, 90 percent of economically dis- larly through title I, that these scarce we are providing to kids all over this advantaged students will pass these Federal dollars are going into commu- country. It is that simple. The legisla- tests. Now, there is something specific. nities that need them desperately and, tion would accomplish that goal by ex- The State establishes the criteria. in many cases over the decades of this tending educational flexibility to all 50 They say we want the flexibility to be program, have provided a significant States. The public schools in this country able to do it, and we say fine. What we makeup for local funds that are not have made an immeasurable contribu- have found out is that they have made adequate to the purpose. But what we are concerned about— tion to the success of our society and great academic achievement and our Nation. We need to assure that fu- and it is a concern that, again, I hope progress for those students. ture generations of Americans receive We have another State of the 12 that is worked out through the process of the same excellent public education says on their waiver, ‘‘We want a com- this debate and amendments—is that that many of us were so fortunate to mitment to the identification and im- unwittingly we might undo some of receive while we were growing up. Un- plementation of programs that will that emphasis and effort. Again, I fortunately, as the Federal Govern- would not argue it is the purpose of create an environment in which all stu- ment has imposed an alarming number anyone who has proposed this legisla- dents achieve academic potential.’’ of well-intended regulations on our tion, but we must be careful because, They got the waiver, they got the re- public schools, we have seen a decline again, we are looking at the most vul- sources, and it will be a bold Secretary in the overall achievements of our stu- of Education that is going to terminate nerable population in this country in dents in our public school systems. or take that away. terms of education. We are looking at a I am very proud of the progress that What we are trying to say is, as population that desperately needs the Maine schools have made in improving Texas has done right from the very be- support and assistance of every level of the performance of our students ginning, it has got to be very specific. government. through a challenging curriculum. For The State establishes their criteria and There is another aspect I would like example, Maine students rank highly they have proposed measurable ways of to conclude with, and that is the par- in the National Assessment of Edu- evaluating whether those students are ticipation of parents in this process. I cation Progress tests. This achieve- going to achieve. And they have met mentioned initially, I believe one of ment reflects the efforts of the Maine all their goals so far. Why do we have the great challenges we have this year Department of Education, our teach- to spend so much time in this Chamber in our reauthorization of the Elemen- ers, our principals, our school boards, saying that makes a good deal of tary and Secondary Education Act is our State’s elementary and secondary sense? We know it is something that is finding ways to encourage more sub- schools, and the University of Maine, working. Why don’t we try to accept stantive, meaningful parental involve- to design and use challenging statewide it? That is all we are looking for—for ment. In the context of this legislation, learning results. the words ‘‘student achievement’’ to be along with my colleagues, I will pro- The NAEP test results show that the included in the criteria. pose an amendment that would allow efforts in Maine are in fact succeeding. I thank the Chair. for greater parental involvement, allow They show that our K–12 education sys- Mr. REED. I thank the Senator for for parental input that would be avail- tem can produce high-achieving stu- his excellent comments. able for public review and would be in- dents when the standards, curriculum, I believe Texas is a great example of cluded in state or local waiver applica- and expectations are supported and de- what we can do if we give flexibility tions. signed by those closest to our schools. and demand accountability. As the We are not trying to hamstring local The process that the State of Maine Senator from Massachusetts empha- authorities. Last year I had an amend- used was a burdensome one. It required sized, this accountability is with re- ment similar to this that had a 30-day seeking individual waivers from the spect to their own standards, but it is public notice and comment require- Federal Department of Education. It measurable, it is objective, and it has ment. That is not in this amendment. was a lengthy process. It was one that resulted in great success in the State We are just suggesting, though, if we involved a great deal of bureaucratic of Texas. In fact, I suggest most of the mean that we want to have parents in- delay. It is that kind of process that proponents of this legislation point to volved, this is not only a symbolic but would be changed by this legislation. Texas as the example of what Ed-Flex a very real and meaningful way to get The fact is, Maine and the rest of our can be and should be. As the Senator that involvement—to encourage them Nation still have a long way to go to from Massachusetts pointed out, part to submit comments, to have those improve the education of our students. and parcel of that is not just the flexi- comments publicly available, and then America holds dear the tradition of bility, it is rigorous accountability. I have those comments submitted with State and local control of education. hope we can incorporate that notion in the application. The basic responsibility for improving this legislation. Again, I am extremely encouraged student achievement lies with the I think it is also important to recog- that we are talking about educational States, not the Federal Government. nize, too, that as we debate this Ed- reform. We are working together to Indeed, perhaps a better name for this Flex bill, we have yet to have the de- come up with innovative ways to do legislation would be ‘‘The Return to finitive results from many of the dem- what we all want to do, which is to give Local Control Education Act.’’

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2190 CONGRESSIONAL RECORD — SENATE March 3, 1999 I believe that all of us, in all of our would also like to clarify that I don’t accomplish the goal it is designed to States, are trying to meet the chal- think Senator KENNEDY deliberately meet: helping more students learn bet- lenge of greater student achievement. gave me his cold from the hearing yes- ter. But our State administrators need help terday so I would be less effective in In Nebraska we have 604 public from the Federal Government. They do debating him today, despite the rumor school districts. They range in size not need more dictates. They do not to the contrary. from the small rural districts such as need more regulation. The Ed-Flex bill With that, I yield the floor. provides some of that help by reducing Several Senators addressed the Tryon—which has just over 100 stu- Federal intrusion into the local control Chair. dents, kindergarten through 12th of schools. The PRESIDING OFFICER. The Sen- grade—and Omaha, which has approxi- How will this legislation help? Let’s ator from Nebraska. mately 45,000 students. look at the role of the Federal Govern- Mr. KERREY. Mr. President, does the A couple of weeks ago I was visited ment. Over the last 30 years, the Fed- manager of the bill want to say some- by Bob Ridenour, principal of North eral Government has layered new pro- thing? Ward and West Ward Elementary Mr. KENNEDY. I just wanted to give grams on top of old ones that them- Schools in McCook, Nebraska. In re- the assurance to—if you will yield 15 selves are not meeting their goals. This sponse to the question, What do you seconds—to the Senator from Maine, as has been done with a blind commit- need to do a better job of educating ment to the belief that yet another far as I am concerned, she is always ef- fective, whether it is that clear voice your kids?’’ his answer was simple: program devised in Washington will More money and the flexibility to help somehow reverse the decline in edu- that comes out from the northeast part the kids at the lowest end of the eco- cational achievement. of the country, we always listen and We spend over $10 billion a year to take great care what she says. nomic scale in the best way possible. support elementary and secondary edu- Ms. COLLINS. I thank the Senator. But Ed-Flex is not just about flexi- cation. This Federal money is spent Mr. JEFFORDS. Mr. President, I ask, bility. It’s also about better coordina- through so many different programs with the concurrence of the Senator tion. It allows for better coordination that we can’t even get an accurate from Connecticut, that the Senator between the variety of local, state, and count of how many there are. The Gen- from Wyoming be recognized for a pe- Federal education programs available eral Accounting Office and the Con- riod of not more than 5 minutes in to schools. gressional Research Service estimates morning business. All of the principals in Nebraska range from 550 to 750 separate Federal The PRESIDING OFFICER. The Sen- would agree that the Federal education education programs. Each of these pro- ator from Nebraska has the floor. dollars they receive are vital to well- grams comes with its own objectives, Mr. KERREY. Mr. President, I yield statutory requirements, and adminis- to the Senator from Vermont for his being and success of the school chil- trative regulations. Collectively, they request. dren within that district. But different create a huge administrative burden on The PRESIDING OFFICER. Without districts have different needs. And in local schools. Indeed, while the Federal objection, it is so ordered. some instances, different districts may Government funds only 7 percent of our Mr. JEFFORDS. Mr. President, I ask need to take slightly different paths to public education system, it is respon- that the Senator from Wyoming be al- reach the common goal that all dis- sible for 50 percent of the schools’ pa- lowed to proceed as in morning busi- tricts share: Making sure that all stu- perwork. ness for 5 minutes. dents have the reading, math, and so- By passing the Education Flexibility The PRESIDING OFFICER (Mr. cial skills to succeed once they leave Act, we will allow States and local CRAPO). The Senator from Wyoming. the schoolhouse door. school districts the flexibility they (The remarks of Mr. THOMAS per- taining to the introduction of S. 516 are Right now, 12 States have Ed-Flex. need to pursue creative and innovative And the feedback we have shows that approaches in using Federal funds. And located in today’s RECORD under ‘‘Statements on Introduced Bills and they are using it responsibly and that the Federal dollars that they do re- it is showing good results. Texas has ceive will become a genuine force for Joint Resolutions.’’) Mr. THOMAS. Mr. President, I thank implemented Ed-Flex more extensively education improvement. Even more than any other state in the nation. important, the bill will afford States the chairman once again for the time, and communities the flexibility that and I yield the floor. Achievement scores in Texas reveal Mr. KERREY. Mr. President, I rise in they need to craft local solutions. In- that districts with waivers out- support of the Ed-Flex bill introduced stead of struggling to make programs performed districts without waivers in by Senators FRIST and WYDEN. I believe designed in Washington fit local needs, both reading and math. And the gains it is a responsible way to help our na- States and localities will have the free- for African American students were tion’s educators meet the challenges dom to make the changes that they even greater. that we face in preparing our nation’s know are needed in each individual And Ed-Flex has allowed States like school. young people for the 21st century. Ed-Flex gives states the authority to Massachusetts to assure continuity of Because, as the Senator from Oregon service to schools that were eligible for put it very well, the schools in an grant waivers of certain Federal re- quirements to local school districts if title I funding one year, ineligible the urban environment may be very dif- next year, but expect to be eligible in ferent in their needs from a school in a such a waiver will help that school dis- trict better meet the needs of its stu- the following year. In the grand rural community. scheme of things, this is a minor waiv- The Ed-Flex Act addresses the need dents. But in exchange for this flexi- for change within our public schools. It bility, the local school district must er. But to a child in that school, the as- will provide a way for State and local show results. If the district does not sistance provided through title I dol- education agencies to be freed from the show results, the waiver is revoked. lars makes a major difference. multitude of Federal statutes and regu- Ed-Flex gives school districts flexi- Now let me be clear. Ed-Flex is a lations that prevent them from break- bility, but it also demands account- sound way to give local districts the ing out of the Federal education mold ability—and we should discuss how to flexibility they need to do a good job of and creating their own exciting pro- make the accountability measures educating students. But it’s only one grams. Expanding the opportunity for even stronger. part of a complex puzzle. In addition, under Ed-Flex states are Ed-Flex to every State gives our school Schools also need resources. They boards, teachers, parents, and State of- limited in the kinds of requirements they are authorized to waive. They need to have the funds to hire and ficials the opportunity to experiment train qualified teachers. They need to and innovate, to chart a new path for cannot waive health and safety re- have the ability to reduce class sizes in better schools, and to provide Congress quirements or civil rights require- the lower grades. They need to be able with the information it needs to help ments. And they cannot deny districts to provide students with real class- promote rather than hinder edu- the funds they would ordinarily receive rooms in well-equipped buildings. cational improvement. under these Federal programs. Fur- In closing, I urge my colleagues to thermore, districts must prove that the And schools need to be able to pro- vote in favor of this legislation. I waiver they receive truly helps them vide challenging afterschool programs

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2191 so that students can work on their In one particular class students work I know the Senator from Connecticut math, science, reading, and technology together all year long to build an ac- has a bill dealing with child care. To skills between the hours of 3:00 and 6:00 tual house. Every part of the house, me, child care and education are al- in the afternoon. with the exception of the foundation, is most interchangeable. It is difficult to Last summer we helped US West built by the students. Then, at the end tell one from the other. A full third of form a partnership with Project of the year, they actually sell the my high school students in Nebraska Banneker, a program that is helping house, taking pride in the fact that go immediately from high school into raise the math and science achieve- they have created a product that has the workforce, and there is an increas- ment levels in Omaha Public Schools. tangible value to their community. ing amount of concern at the rural Not only did students and teachers Mr. President, I believe we need to level and at the community level for benefit from the hands-on technology increase opportunities for these stu- the skills of these young people. If you skills training, but US West benefited dents. I support the Ed-Flex bill be- do not start it early, it is impossible because they played a role in training cause I believe that if it is used wisely for us to close that skills gap. In my prospective employees. We are looking it can help schools accomplish impor- judgment, with the pace of our econ- forward to another productive summer tant goals in educating students. But I omy and the speed with which things with US West as we work to expand the want to make clear that it’s just the are changing, there is a real urgency to partnership. tip of the iceberg. We also need to in- get out there with flexibility, which The Federal government can’t do it crease our investment in these stu- this bill does. I hope we will have the all—and the Federal government dents so that all students have a shot opportunity to provide some additional should not do it all. But we should be at the American Dream. resources so we can make sure that, a helpful partner in the effort to im- Mr. President, just briefly, I thank with confidence, we are saying we are prove our nation’s schools. The Federal both the Senator from Vermont and doing all we can to make sure that our contribution to K–12 education is rel- the Senator from Massachusetts for young people, when they graduate from atively small—less than 10 percent. their leadership on this as well. I want high school, are prepared and have the That is why it’s important that we to try to briefly declare why I like this skills that they are going to need in a make sure our investments in edu- bill and what I think needs to be done cation are wise ones, that they com- very competitive world economy. in addition to it. Mr. President, I thank the manager plement efforts at the state and local I had a recent conversation with one of the bill, and I yield the floor. levels, and that the investments yield of the 604 school superintendents in Ne- The PRESIDING OFFICER. The Sen- results. braska. Those schools are as small as ator from Connecticut. We need to make sure that the most 100 students, ranging all the way up to Mr. DODD. Mr. President, I won’t disadvantaged students have the assist- 46,000 students, with a lot of variation take a great deal of time. Senator KEN- ance and resources that they need to in between. I talked to a super- NEDY, Senator JEFFORDS, Senator succeed in school. We need to continue intendent in one of the rural school FRIST, Senator WYDEN and others have to invest in title I, and also figure out districts—in my State there is more talked about many of the specifics of how to make it stronger. Nebraska re- poverty in the rural areas than is in the bill before us—the Education Flexi- ceived $31 million year in title I funds the urban areas among children—and bility Partnership Act. I just want to last year. School districts use those asked what he wanted. He said, imme- take a few minutes to thank my col- funds in a variety of ways. We need to diately, ‘‘I need, in some cases, more leagues for all their work on this bill. give districts the flexibility to educate flexibility to implement programs. I do I am very pleased that one of the those students using the best methods not want any waivers from civil rights first legislative matters we are taking available, but we also must demand ac- requirements, no waivers from health up this year is education. This is about countability. or safety. But sometimes with a Fed- I believe that the most important as significant an issue in the minds of way in which the Federal Government eral program, the State won’t allow me most Americans as any. There are a lot can be a helpful partner is by making to do what would reasonably accom- of other questions which are very im- sure that when a young person finishes plish the objective of what the Feds portant, but none that I think domi- twelfth grade he or she has the skills want.’’ This bill allows it. He said, ‘‘In nates the concerns of Americans re- to get a decent job. It may take a cou- fact, I would like to be held to even gardless of geography or economic cir- ple of years at a community college to higher standards of accountability. I cumstance as education, particularly fine-tune those skills, but the point is want you all to hold me accountable to elementary and secondary education. that only 60% of high school graduates make certain that we are getting the Later this year, we will take up the nationwide go on to college, and by the job done.’’ This bill does that. It pro- Elementary and Secondary Education time they are 25 years old, only about vides both flexibility and measures for Act reauthorization, which contains 25% have a college degree. increased accountability, which is pre- the major federal programs to assist Now we need to do more to make cisely what we need. our schools. This bill requires reau- higher education more affordable, and I want to point out as well, Mr. thorization every 5 years. And this we just passed a Higher Education Act President, that he went on to say that year is the year that we must reauthor- that makes significant steps toward the greatest challenge is not only flexi- ize that basic fundamental piece of leg- that goal. But we also have to make bility, but increased resources for islation that deals with the elementary sure that those who do not pursue a those children of lower income working and secondary education needs of postsecondary degree have the skills to families in both rural and urban envi- America. So we will have a chance, I make a good living. ronments. He said, ‘‘If you are insist- suspect, even then to review some of That’s why I believe strongly in the ent upon making certain that we have the issues that concern people. I had value of vocational education. Two trade policies that are open, and if you hoped that we could consider this ini- weeks ago I visited the vocational edu- want to keep the restrictions on busi- tiative on Ed Flex as part of that larg- cation program at Grand Island High ness to a minimum so entrepreneurs er bill given its relationship to those School, in Grand Island, Nebraska. In can grow, what we are going to have to programs; however, I am still hopeful the vocational education program at do is aggressively increase the skills of that we can include the review of this Grand Island High, students are receiv- people that leave high school and go program in our work on the Health, ing hands-on education that will trans- right into the workforce.’’ The only Education, Labor and Pensions Com- late into real jobs. Grand Island has way to get that done is to start very mittee. formed a partnership with area manu- early. And I hope that in this bill, Mr. Today, as we gather here, in many facturers, and the manufacturers know President, that we will have an oppor- parts of the country students are still that it’s a good deal for them. They tunity to put some amendments on it in school. Fifty-three million students, have said to Grand Island, You train that will give us some increased fund- more or less, went off to elementary or the students, and there will be a job ing for lowering class size, that will secondary schools this morning, from waiting for them when they get out of allow us to do some afterschool pro- Hawaii to Maine. Of the 53 million, 48 school.’’ grams. million are in public schools and about

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2192 CONGRESSIONAL RECORD — SENATE March 3, 1999 5 million are in private or parochial have 85 percent who do. But there is a the intents and purposes of the laws or schools across the country. The vast growing number, about 15 percent, who civil rights and other certain basic pro- majority, of course, attend our public are being asked to teach at the sec- tections. But the idea was for flexi- schools. And most attending our ondary school level in a curriculum bility in return for results. So we schools today are doing well and their that they have not received a signifi- passed overwhelmingly this demonstra- schools are good. cant formal education. tion program. I think too often we focus our atten- We see, as well, that 86 percent of 18- But it was for a demonstration pro- tion on the things that do not work. through 24-year-olds have a high school gram—a test. Well, the results are not Partly it is because that is our job. And diploma. That number, again, is get- in. That is one of the difficulties here. there are a lot of gaping holes in the ting better. But is still too high. And is It is not that anyone has studied this education reaching students across this way too high when one looks at some and said they are bad, they are just not country in the ability to learn and the of the sub-populations of students; over in. We do not really know. It may be opportunity to learn. But in many, a third of Hispanic Americans are drop- very good, or it may not—but raising many communities across this great ping out. This is the fastest growing the legitimate concerns about it is not country we find schools that are filled ethnic group in the United States and inappropriate. with learning and blessed with quali- one-third of them are dropping out of Texas is the only State, the only one, fied, motivated teachers, and enriched school. by the way, out of all 12 States, that with excellent resources from libraries At the end of the 20th century, Mr. has actually been giving us some de- to computers. President, we are going to have to do tails on how they are performing. Most In recent years, more and more better in all these indicators if we are others cannot produce, unfortunately, schools have joined these elite ranks. going to compete effectively. any results about student achievement More schools are enjoying the benefits So I am pleased we are turning our results they have achieved through of these wonderful technologies; more attention to education today. But let’s school reform and the Ed-Flex dem- schools have adopted strong and chal- not delude ourselves. The bill that we onstration program. lenging standards-based reform strate- are talking about here is not the an- The General Accounting Office, the gies; and more fine, well-educated peo- swer. I respect immensely the authors GAO, has reviewed Ed-Flex and found ple are entering the teaching ranks. of this legislation. I have a high regard little in the way to suggest that Ed- But our job, as I said a moment ago, for them and the motivations which Flex is making a difference. Now, it Mr. President, is not just to point out caused them to propose this legisla- may. Again, I find myself in a situation the things that are working well. If we tion, particularly my good friend from of hoping it does. I supported the dem- are to improve our schools, we must Oregon, who had a long and distin- onstration program not because I an- also focus on the problems and how to guished career in the other body, and ticipated it to fail, but I did it because encourage real solutions to these prob- who cares about young people and their I anticipated it to work. But I feel I lems. And that brings us to this bill. It educational needs, and our colleague have a sense of responsibility to the will bring us to the Elementary and from Tennessee, and others who are a people of my State—that it is their dol- Secondary Education Act as well. part of this legislation. But I want to lars, in a sense, that are going to this— Let me just share some statistics raise some of the concerns that some of that I can look them in the eye and say with my colleagues, briefly here, on us have about this bill and am hopeful why we are now going to pass legisla- the state of education in America. that we can work through some of tion permanently establishing this. The GAO estimates that one-third of these issues in the coming days. But if you ask me the question, ‘‘Do I all of the schools in the United States Six years ago, in 1993, we enacted the have the empirical evidence which are in need of basic repairs and renova- Ed-Flex Demonstration program in the draws the final conclusion that in fact tions. Two-thirds are in good shape. hopes that it would spur school reform this can work?’’ I have to say, no, not That is the good news. But still fully a in our states. It was a very tightly yet. third of them are in poor shape and in written program with just 6 states par- Now, maybe it will come in, but it is need of repairs and renovations. ticipating. We quickly expanded that not here yet. And so I hope my col- Just to give you one example, in my to 12, recognizing 6 States probably leagues understand that those of us home State of Connecticut, Mr. Presi- was not a good enough laboratory to who are raising these questions are dent, there was a study done on school get some decent results back to deter- doing so with a deep sense of optimism conditions in the city of Waterbury, mine whether or not this new waiver that this will work, but also a deep CT. I live in a very affluent State, but authority would prove to be worth- sense of concern that we do not have there are pockets of real poverty in while. the information yet to make these Connecticut. It is a dichotomy of afflu- Ed-Flex was a major departure in final conclusions. ence and poverty living in a relatively education policy. We were allowing, for While we don t know much about re- small piece of geography. Waterbury, the first time, officials to waive Fed- sults, we do know a little about how CT, has some very fine and affluent eral regulatory and statutory require- this authority is being used. Seven of neighborhoods. But like many of our ments. That is not a minor thing. I the participating 12 states have grant- cities, there are parts of it that are not mean, we are responsible to see to it ed 10 or fewer waivers. The vast major- doing as well economically. Last year, that the dollars, the Federal dollars ity of waivers requested are about loos- in Waterbury, they found that 500 fire that go to education, are going to be ening title I requirements for code violations occurred in our schools spent well and wisely. targetting the neediest students. But over the last five years—500 fire code Now, I don’t question that we can get generally, the finding suggests there is violations. heavyhanded, and too bureaucratic. We little being done with Ed-Flex that is Another statistic, nationwide, 53 per- are all painfully aware that can hap- not being done directly with the Sec- cent of 3- and 4-year-olds participated pen. But to allow state officials to retary with his own waiver authority. in preschool programs. waive statutory and regulatory re- We hear anecdotes from Governors Eight percent of second graders were quirements is a significant departure. about how it is promoting creativity detained in kindergarten or the first It is one thing to modify, to amend, to and spurring reform—but the evidence grade. Second Graders—it is hard to drop certain regulations, but to allow a we have on how it has been used really imagine why someone would be held complete waiver of statutory and regu- do not back this up in the most states. back at that level. One could maybe latory requirements was a dramatic de- But I have never had a Governor or see it later in the elementary grades, parture from our education policy. mayor yet that wouldn’t like to get all but by the second grade almost 10 per- We included protections in the law at statutory and regulatory requirements cent are being held back. the time. The Secretary would have to of the Federal Government eliminated; Nearly 15 percent of middle and high approve applications for this waiver that doesn’t come as a great shock. school teachers in the United States do authority. Only States with strong They would like us to write a check, not minor or major in the area of their standards-based reforms in place were give it to them, and get out of the way. main teaching assignment. Again, we eligible, and waivers could not override That is how Governors and mayors

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2193 think. I find it interesting that in cern among all Democrats and Repub- crease. Afterschool programs, putting States, when State legislatures or licans that parental involvement needs efforts into this, is something that we mayors ask Governors for similar waiv- to be expanded rather than contracted. think would make a great deal of dif- er authority, I usually find the Gov- The Reed amendment does not give ference. ernors are far more resistant to waiver parents or others veto power. That is I hope to offer an amendment on my authority at the local level than they not the point. It gives them the power own or with Senator BOXER or others are in asking us for it. It is where you to comment knowing their comments to deal with this issue. are in the food chain in terms of your will be considered, which is not too Mr. President, Ed-Flex may make a willingness to support waivers from much to ask. It says their comments difference in some States. Frankly, in regulation. should be available and included in the my view the jury is still out for the At any rate, we hear a lot of anec- application for waiver authority. reasons; I hope the jury comes back dotes from Governors and State edu- These are simple changes that broad- with good results and good reports on cation leaders about Ed-Flex changing ly improve the accountability of this this. We think the accountability the mentality of their systems and mo- bill. amendments will help here. tivating school improvement efforts. I We will also have the opportunity to But this legislation on its own is no am for this. I hope it works. But I consider several other important edu- substitute for what our schools need think we need to ensure that students cation initiatives—not to belittle the and what parents and students across are served by these changes. That is importance some have placed on this this country are demanding. I am hope- why we have the accountability Ed-Flex bill, but I have never had one ful that during these next several days amendments. parent or teacher or student raise it we can have a real discussion on edu- Senators KENNEDY, REED, and I will with me. cation and improve this bill with the offer two simple amendments that I be- I have heard from many concerned addition of some critical timely initia- lieve get to the core of improving ac- about class size, districts looking for tives. countability. These build on the reassurance that the full promise of I am happy to work with the chair- changes that we were pleased to see the 100,000 teachers will reach them. Class man of the committee and the ranking managers include the substitute bill size is a critical issue to families all member and move through these issues they offered earlier today. Our staffs across the country, whether in a rural in an orderly way. I thank both Sen- have been working together for weeks school in Idaho, or urban school in ators for their leadership. I commend to beef up the accountability in this Connecticut. Parents know that class my colleague from Tennessee and my bill. I believe we have made good size matters—how many teachers teach colleague from Oregon for their fine progress, but must do more. how many students, how well educated work on this amendment. The first amendment offered by Sen- they are, and are these buildings that I appreciate, again, the motivations ators KENNEDY, REED and me will en- these kids are supposed to be learning that have given rise to this legislation. sure that accountability is resulting in in, in good shape. We also hear a great I think we can make it a better bill and student achievement. Improving the deal about the readiness of children to add to it some of the elements that we performance of students is what this is learn when they enter school. We hear think will strengthen the educational all about. I am rather surprised we about aftershool. needs of all Americans by some of the have been forced to offer what we think My colleague from California, Sen- suggestions I have made here and that is a very common sense amendment, ator BOXER, has an interest in this. My others have made this afternoon. I rather than having it just agreed to colleagues from Vermont and Massa- yield the floor. and accepted. I understand we continue chusetts will recall last July when this The PRESIDING OFFICER. The Sen- to work on this and am hopeful that we specific bill was in committee, I offered ator from Vermont. will be able to resolve this without a an afterschool amendment to this pro- Mr. JEFFORDS. Mr. President, I’ll vote. posal—which I hope to be offering in use a few moments to take a look at The second amendment ensures in- this debate. My colleague from Cali- last year. What we are talking about volvement of one of the key players in fornia has an interest in this subject right now is where we ended last year school reforms, parents and the larger matter, as well. as far as passing bills on education. public. The Reed amendment ensures Eighteen years ago our former col- Let us take a look at what we did ac- that parents and other local leaders league from New Jersey, Senator Brad- complish during that period of time. can comment on applications for waiv- ley, and I did the initial legislation on This chart lists all of the bills which ers and that these comments are given afterschool programs in the dropout we passed out of our committee, al- consideration. legislation. Over the years I have been most all of them by unanimous or close Again, I would hope that parental in- deeply involved in trying to reduce this to unanimous votes. They all became volvement is one of the things all of us afterschool problem, of the difficulties law. They were very important. can agree on. In Head Start, we require that occur with the lack of afterschool First of all, we had the Individuals that parents be involved from volun- programs. This is an issue that many with Disabilities Education Act, for teering in classrooms to parent plan- people in this country would like to see which we had tremendous bipartisan ning boards, then make key decisions us do more about. agreement, and we took time to do it. about their community programs. We I think most of my colleagues are It came out and passed practically get about 80 percent parental involve- aware of this, but this chart points out unanimously by both the House and ment with Head Start programs. What when juveniles are most likely to com- Senate. That is what happens when we has been terribly disappointing to me mit violent crimes. The spike is around have good, bipartisan working to- is that by the first grade parental in- 2:30 or 3 o’clock. That is the peek time gether. volvement drops to about 20 percent. It of violent crimes among young people. The next one was the Emergency immediately drops, which is terribly The hours between 2:30 and 6:00 is when Student Loan Consolidation Act of disturbing because there is no better we see the largest percentage of violent 1997. We had some important problems way to increase a child’s performance juvenile crime. that came up with respect to student in education than to have a parent in- It is not uncommon for communities loans, but were able to take care of volved—visiting teachers, talking to to have curfews. Invariably the curfew them. This Act passed with a very sub- them, going to the schools, learning suggests some time after 9 or 10 o’clock stantial vote. what the child is supposed to be learn- at night. In fact, 9 o’clock or 10 o’clock Next, was the National Science Foun- ing, involved in school governance and at night is a relatively calm period of dation Authorization Act, which had reform. time. It is 2:30, 3 o’clock, 3:30, 4 not been reauthorized for many years. The requirement we would add would o’clock—when kids are home from An important component of the Na- ensure that interested parents could be school, but parents are not—which is tional Science Foundation is edu- engaged in this process. I hope our col- the critical time period. We are told by cation; we sometimes forget that. But leagues would be supportive of that chiefs of police and others that violent a tremendous amount of funding for since it fits in with the growing con- crime among young people is on the in- the important areas of education, in

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2194 CONGRESSIONAL RECORD — SENATE March 3, 1999 the areas of science, comes through will be models for what we can do in our schools. But then we found that the this bill, and that was accomplished. the public school system. It is an im- data we were using to determine Then we had a real step forward with portant step forward. whether or not there was any improve- the Work Force Investment Act of 1998, In addition, we had the Human Serv- ment was 1994 data, and here it was including the Rehabilitation Act ices Reauthorization Act of 1998. That 1998. Amendments. That bill has turned this is Head Start and other programs for So we have other improvements to country around in its attitude and abil- the very young, as well as for those in make, and one of those is account- ity to prepare people for the workforce. special low-income areas. It was the ability and to be able to measure what Not only that, but it recognized that first reauthorization of Head Start in is going on in our school system. The workforce training is nonstop at high many years. We came out with an ex- flexibility will help the States to be schools and colleges. Training goes on cellent bill, all working together, Re- able to really ascertain and work bet- and on and on. We now have the non- publicans and Democrats, and with the ter with their school systems to deter- traditional students of the past who White House. mine exactly what is going on, how to are actually outnumbering the so- Finally—and this is an important measure success. That is one of the called traditional students on the rec- act—is the Carl D. Perkins Vocational- reasons. So I am hopeful that that one ommendation that a person’s job is Technical Education Act Amendments. bill we were unable to get passed last going to change many times during a We had not been able to get that year in the area of education, which we lifetime. We had close to unanimous amended in many years. We did a thor- knew was appropriate and necessary—I agreement on the Workforce Invest- ough review of its application. We up- hope we can get it done quickly this ment Act of 1998. graded it and brought it into the mod- week. And for the first time in 5 years, we ern day situation. I yield the floor. did a thorough review of the Higher I am pleased to say that we almost Mr. FRIST addressed the Chair. Education Act, taking into consider- reached our goal on all the bills that The PRESIDING OFFICER. The Sen- ation the needs of the Nation. Again, we had. However, one bill didn’t make ator from Tennessee is recognized. with very hard work and long, long it, and it was this Ed-Flex bill. The Mr. FRIST. Mr. President, I will just hours, we were able to complete the reason it didn’t make it is not because take a few moments to expand upon a Higher Education Amendments. Also the Members did not agree with what couple of issues that have been raised included were the Education of the we had in the bill, but it was seen to be over the course of the morning and Deaf Act Amendments of 1998. The a vehicle on which perhaps many other early afternoon. One has to do with ac- Higher Education Amendments took a ideas and thoughts about how to countability and the other, parental in- close look at not only higher edu- change education could be amended to volvement. Both of these are very im- cation, but what higher education was it. portant issues as we proceed ahead in doing with respect to the teacher col- I hope that doesn’t occur this time. I addressing both the underlying bill and leges. We found we had serious prob- hope we don’t find ourselves in the po- the potential amendments that are lems with the teacher colleges and sition of not taking a bill which every- coming forward. things had to be changed. We also rec- body agrees is important. The Presi- The Ed-Flex bill itself, again, is a bill ognized that we had a huge problem dent has said that he favors it. He gave that expands a demonstration project, trying to get our teachers in schools strong words of support for it. The Gov- which has been very successful, from 12 the kind of retraining that is necessary ernors have unanimously agreed that States to 50 States. What it does is in order to bring them up to speed on they want it. I hope we will be able to simple. It allows schools and school the needs not only in the next century get this out in the next few days in districts the opportunity to obtain a but this century. This Act passed close order to be sure that we can give the waiver, and that waiver would allow to unanimously. flexibility to the States that they need. them to accomplish very specific goals The work being done now in profes- My State has had it. It has worked as set out in programs but free of the sional development—we eliminated all very well. It is not a huge success in redtape and excessive, burdensome reg- the bills on professional development the sense that it is going to change ulations, and it also allows them to say in there. They were useless. We have that much that goes on, but it makes it we are going to meet those goals and now created a very firm foundation for easier for States to coordinate things. objectives and be held accountable for professional development in higher You have situations—at least in our those in very strict ways that identify education institutions to assist us in State—where school districts are very our particular needs. Schools have dif- our K-through-12 education. close to the 50 percent or the 125 per- ferent needs; a particular school might The Reading Excellence Act was cent thresholds for poverty. If you need access to computers and another unanimous here. In close cooperation don’t quite make it, it fouls everything might need to have a pre-kindergarten with the President, we came out with up. With the flexibility we have had in program. Another school might need to that act, and it is in law and already Vermont as one of those six States have an afterschool tutoring program. having an impact upon the serious that have been able to use the flexi- I think the point is that we don’t want problems we have with a number of bility, we have found that it has re- to tie the hands of our local commu- young people graduating from high duced the time and effort which go into nities and our schools if they say this school who are presently functionally trying to work with title I. That is all is what it takes for us to increase stu- illiterate and do not have the basic we are trying to do today. dent performance, this is how we have skills necessary to warrant a diploma. I think we are hearing now an agree- identified, based on our own needs to We have had what is called social pro- ment on accountability. If we have achieve, these very specific objectives. motion, and the President emphasized learned anything over the past year, it Again, we are not talking about a that we have to do away with social has been the tremendous lack of ac- block grant. We are not talking about promotion. The way that can be done is countability in this country in our edu- changing the goals that we set out. We to try to make sure every kid can read, cational system. If there is any area are saying that given the resources and the Reading Excellence Act will be that we need to improve upon—and I that we are putting in a particular an important part of that. serve on the Goals 2000 panel—it is ac- area, and given the specific goals, we In addition, we had the Charter countability. One of the most dis- are going to give the local commu- School Expansion Act. As we go for- turbing things I have found is that we nities the opportunity to have more ward, it is necessary to experiment in really don’t know what is going on in flexibility and at the same time de- the kinds of institutions we can create this country. We still can’t measure manding accountability to meet those to have the flexibility and dedication performance, still can’t determine—in goals. to be able to change the relatively low fact, in the report we have no evidence That, very simply, is what the bill results we have been getting out of our that there was any improvement from does. We have this experience with it K-through-12 educational system. the date that we got the ‘‘Nation at that historically we can look to; we Some of the charter schools are work- Risk’’ report in 1983. Fifteen years and can learn from it. We can expand upon ing well. We have learned a lot. Those there is no measurable improvement in it. And that is where we are today.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2195 That is what I think real leadership in to improve student performance. Ed- performance of students affected by the education is all about. I think it is an Flex has more accountability built into waivers. appropriate Federal role to give that it than the largest single Federal edu- Eighth, State waiver authority to flexibility and demand that account- cation law in the land. issue waivers is thoroughly reviewed ability. ‘‘Accountability’’ is tied with That is point No. 1. every 5 years, and is contingent upon ‘‘flexibility.’’ No. 2, it is important to understand school performance. That accountability needs to be car- that the accountability provisions in Earlier today, the Senator from Or- ried out at the local level, for which I our bill as written—I encourage my egon presented the accountability have the next chart, which was spelled colleagues to read that bill as writ- checks in the bill. These account- out earlier. We need to have the ac- ten—inject more accountability than ability checks are critical. countability built in at the local level. the existing 12–State demonstration- The second issue that I wanted to We need to have the accountability project. It is important, because I want refer to, again because it has been built in at the State level and at the people to go back and read the bill and talked about, is regarding the require- Federal level, all reinforcing each not just look at what is in the current ments that can or cannot be waived. Again, I encourage my colleagues to go other in an appropriate hierarchical Ed-Flex program and the 12–State dem- back and see what is in the legislation, way just to make sure we are holding onstration project. because it has been written very care- those schools or school districts ac- First, before a State may issue waiv- fully with a huge amount of input from countable for the waiver that they ers, they must first provide public no- a broad number of people. The require- tice and comment. I am going to come have spelled out. ments that cannot be waived in Ed- I have gone through the specifics ear- back to that shortly because that will Flex—again, spelled out in the bill—in- lier, but as I keep this chart up, just so give me the opportunity to talk a little clude such things as: The civil rights bit more about parental involvement. people can understand how it builds requirements, the underlying purposes one on the other, let me also make it But it is very clear that by having that of each program or act for which a clear that the type of waivers that we requirement that the community at waiver is granted. are allowing are really two kinds. One large, including the parents, will be The third one that I want to stress is an administrative type of waiver. very much involved as they can express right now—I will not go through the That is a waiver where you unshackle their concerns if they have such con- rest of these—as requirements that the paperwork on local communities, cerns about the waiver. cannot be waived under Ed-Flex, is pa- local schools, and school districts Second, before receiving any waiver rental participation and involvement. which say that they are bombarded in the State, local school and local We have heard a lot about the parents, with paperwork and time requiring ac- school districts must establish specific how important it is to have the parents tivities which keep them away from measurable education goals, which involved. I agree. There is nobody that accomplishing that goal. Those sorts of may include student performance. But cares more about their children, about administrative waivers are very impor- they have to have very specific goals the future of their children, than those tant. And that is one element of the spelled out. parents. waiver system. That is important, again, so we can One important thing is the whole no- Another element of the waiver sys- demand that accountability as to tion of public notice. We talked a little tem about which we have talked a whether or not they meet those goals. bit about public notice. This is one great deal about today is where the As I pointed out before, those goals, as area that has been greatly improved, I schoolwide waivers take place, again spelled out in the bill, may very well think compared to a year ago—public accomplishing the specific goals con- include student performance. notice of those waivers. sistent with the intent of the Federal Third, every year States must mon- First of all, let’s see what is cur- law. itor—this is at the State level—and re- rently being done in terms of public no- We have to keep in mind that not all view the performance of schools and tice of the waivers. Let’s look at Texas. waivers are about student performance school districts that have received In Texas, at the local level requests for per se, that some waivers are about—I those waivers. So we go from local up waivers must be reviewed by campus will describe them first—lowering that to the State level that the State must and/or site-based decision making com- paperwork burden on both schools and monitor. In addition, the States are re- mittees composed of parents, teachers, school districts and at the State level. quired to make sure that the school and other community representatives. I say that because we have to be and school districts that have received The same thing in Maryland. I won’t careful, if we start modifying this bill waivers are, indeed, making progress go through the details. But, if you look at all, so that we don’t try to connect toward those goals; again, including at these examples, you will see that every single waiver with an increase in school performance. Whatever those through public notice, comments and student performance and use that as goals are they establish, consistent concerns by the parents are made the judge. There are certain areas that with the Federal intent, we need to known. The parents are involved. we cannot basically come back and show not only that the goals have been To take another example of public link that particular waiver that pro- spelled out, but that progress on a reg- notice in current Ed-Flex States, in duces paperwork to the performance of ular basis is being met. If a school dis- Michigan, it has a waiver-referent individual students in a school. trict or a school fails to meet that group composed of representatives On the issue of student performance, progress toward meeting the goals, the from a number of people: Michigan De- I think it is important to point out State at any time can revoke that partment of Education, local and inter- that Ed-Flex, as is spelled out in the waiver. mediate school districts, private underlying bill, has more account- In addition, we have built in and schools—and importantly—parent or- ability that we have injected into it spelled out here that the States have ganizations. than the Elementary and Secondary to offer technical assistance, if Furthermore, if you look at the pub- Education Act which is in existence progress is not being made, and also lic notice, among the criteria that the today. That particular act authorizes take corrective action. Secretary uses to evaluate a State’s over $13 billion. We have injected in Fifth, every year the States must Ed-Flex application is, our bill, Ed-Flex, more accountability send a report on how Ed-Flex is work- Did the State conduct effective public ing to the Department of Education; hearings or provide other means for broad- than is in that Elementary and Sec- based public involvement in the development ondary Education Act. again, an accountability measure. of the Ed-Flex plan? How has the State in- I mention that again so people will Sixth, again looking at the top of the volved districts, schools and [very specifi- know how hard we have worked in this chart at the Federal level, the Sec- cally] parents, community groups and advo- peer approach to make sure that ac- retary of Education has the final say. cacy and civil rights groups in the develop- countability is included. He or she can terminate a waiver at ment of the plan? Under current law, education pro- any time. These are the criteria that are used, grams that provide direct services to Seventh, the Secretary must issue a which will be used as well under exten- students are not specifically required report to Congress every 2 years on the sion under our bill.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2196 CONGRESSIONAL RECORD — SENATE March 3, 1999 I can just go on. The other criterion and read the bill, on the public notice we are trying to do, to make sure that that they have to use is, and comment issue, which I think is we are going to have the students’ How would the State provide districts, par- very important—just so people will achievement and performance, as we ent organizations, advocacy and civil rights know specifically what is in the bill on have outlined in the earlier debate. groups and other interested parties with no- public notice and comment, let me just Managers’ amendment, page 6, says an tice and an opportunity to comment on pro- read directly from the bill, page 13. The ‘‘Eligible State’’ is a State that: posed waivers of Federal requirements? bill has been distributed. . . . waives State statutory or regulatory Again, as you can see, parents are an Public notice and comment.—Each State requirements relating to education while integral part of this waiver process. educational agency granted waiver authority holding local educational agencies or schools And there is a good reason. As has been under this section and each local educational within the State that are affected by such pointed out by both sides, we want par- agency receiving a waiver under this section waivers accountable for the performance of ents involved. Nobody cares more shall provide the public adequate and effi- the students who are affected by such waiv- about the education of the children of cient notice of the proposed waiver authority ers. this country than those parents. or waiver, consisting of a description of the We want to see the whole State, not The National Education Association, agency’s application for the proposed waiver just the local communities. We are (NEA), on February 25, 1999 made an authority or waiver in a widely read or dis- able to take what the Senator has put important statement. I d like to look tributed medium, and shall provide the op- portunity for all interested members of the as a finding—and we agree and put that at how a group that is involved in edu- community to comment regarding the pro- into language—and to make sure that cation, that is objective, that is not on posed waiver authority or waiver. the State is going to have compliance, one side of the aisle here, that is not I repeat, ‘‘shall provide the oppor- that particular provision says that a just a policymaker but is a group of tunity for all interested members of State will hold local districts account- people who are in the field, who have a the community to comment regarding able for results. It does nothing to say vested interest in education and edu- the proposed waiver authority or waiv- that the State will evaluate whether cation policy—how do they view the di- er.’’ they have done so. It does nothing rection we are going, in terms of that There are a number of other issues. I more to ensure that the State’s overall overall balance? I think we can go wanted, again, to come back to the ac- waiver plans to achieve student through this first statement on the countability issue and parental in- achievement. If we have that, we have chart. It says: volvement, both issues that have been solved at least the major problem. . . . the NEA believes the Ed-Flex legisla- addressed. People who read the bill will Look at page 9 in the managers’ tion introduced by Senators Ron Wyden of package, ‘‘Local Application’’ shall: Oregon and Bill Frist of Tennessee is a step find the accountability and parental . . . describe for each school year, specific, in the right direction. involvement issues very, very strongly measurable, educational goals, which may Remember, we are not trying to cure enumerated, supported, and substan- tiated in the bill, again with the input include progress toward increased school and all of the problems in education today. student performance, for each local edu- That is not our purpose in this par- of the Department of Education, from cational agency or school affected by the ticular bill. That is a process underway whom we solicited direct input on how proposed waiver.... in the Health, Education, Labor, and to assure that accountability, and We could solve at least one part of Pensions Committee right now as we many, many other interested parties. this by instead of saying ‘‘may in- I yield the floor. are reauthorizing the ESEA, the Ele- clude’’ saying ‘‘shall include.’’ ‘‘Shall The PRESIDING OFFICER. The Sen- mentary and Secondary Education Act. include.’’ All we are trying to do is to ator from Massachusetts. That is the appropriate forum for that. Mr. KENNEDY. Mr. President, I make sure that—while giving the This is a very targeted bill that can be know the afternoon is moving along, States and local communities flexi- passed to the benefit of hundreds of but we are making some progress. Even bility—the fundamental purpose of thousands of children if we do it right as we are trying to find some areas of Title I is going to be achieved for the over the next several days. reasons that have been illustrated in But going back to the NEA, because common ground, let me just respond specifically to the Senator from Ten- the very impressive report that has again I want to stay on this issue of come out in the last 2 days about the parents, how do they view what we are nessee on his provisions in this and on his statement that the criteria in this successes of Title I. We want to make doing from the outside with their vest- sure when we are providing this, that ed interest in education, the education results in greater performance stand- ards than in Title I. It is difficult to the principal criterion is going to be establishment, and, most important, student achievement, and that is what the education of our children? I will see that, because, under the provisions under Title I, the State has developed we are going to do. The words are used turn to the second quotation from but we do not find it applicable, in their letter. They say: and implemented the challenging State content standard, challenging student terms of the statewide program. The bill has been much improved through As I say here on page 9: performance standards and aligned as- the addition of increased accountability and Local application shall describe for each coordination measures and a public com- sessments described in the Elementary/ Secondary Act, and therefore it has school year specific measurable educational ment period that permits parents and mem- goals which may include progress toward in- bers of the community to participate ac- content standards and performance creased school and student performance.... tively in education reforms. standards included, while, in this legis- Isn’t this all about the performance I think this again is critically impor- lation, Ed-Flex, it says, ‘‘made sub- of the children? Isn’t that what we are tant, because it demonstrates objec- stantial progress as determined to- attempting to achieve? That is why we tively that we, as a body, on a bipar- wards development.’’ So, I think we are are spending the resources, to enhance tisan bill, have made absolutely sure to headed in the right direction, but I the students’ performance. That is address the accountability issue and to don’t want anyone to think we have what we are doing. As we are prepared address the issue of including parents. tougher standards in this particular to see greater flexibility, we are simply I have to say, ‘‘The bill has been im- proposal than we do in the underlying saying: Okay, you get the flexibility, proved. . . .’’ Those are the words of Title I. all we are asking for is student per- the NEA, which shows we have taken a Specifically in the managers’ pack- formance and achievement. That is bill that really went through com- age, on page 3, you have findings: what the basic debate on this is. mittee and passed, and have been will- To achieve the State goals for the edu- In the managers’ package, on page 11 ing to work again with all interested cation of children in the State, the focus on State waiver approval, it says: parties to make sure that account- must be on results in raising the achieve- ability, through the eight steps I out- ment of all students, not process. A State educational agency shall not ap- I agree. Amen. That is exactly what prove an application for a waiver under this lined, through the tiered approach of paragraph unless . . . the waiver of Federal the pyramid, guarantees—guarantees— we want to try to use as a measurable statutory or regulatory requirements as de- that accountability. fact. But it is only a finding, it is not scribed in paragraph (1)(A) will assist the Just so people will know, because it part of the operative language. This is local educational agency or school in reach- is always hard for people to go back a good idea, and that is exactly what ing its educational goals, particularly goals

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2197 with respect to school and student perform- rying out satisfactorily all of the State edu- us, to work together across party lines ance. cational agency’s statutory obligations for the things that are important to This, again, applies to the LEA rath- under title I of the Elementary and Sec- people back home. er than the States. ondary Education Act of 1965 to secure com- Second, expanding the Ed-Flex pro- prehensive school reform and’’. Just to sum up, Mr. President, for On page 12, line 22, after ‘‘hearing,’’ insert gram gives every State and school a those who support our particular ‘‘that such agency is not carrying out satis- chance to temporarily waive some- amendment, all we are saying is, yes, factorily all of the agency’s statutory obliga- times very restrictive specific Federal we will have the flexibility, but in giv- tions under title I of the Elementary and regulations to help them better meet ing the flexibility, there is some assur- Secondary Education Act of 1965 to secure their new standards and to help them ance that there will be an improvement comprehensive school reform or’’ to better utilize the tax dollars that we in student performance and student On page 15, between lines 2 and 3, insert send to them and that they generate on achievement, as measured by the State the following: their own. (F) standards, assessments, components of Thirdly, for its timeliness, I am plan, not by the Federal plan, but by schoolwide or targeted assistance programs, what Alabama wants to do or what accountability, or corrective action, under happy to join this debate because, next Massachusetts wants to do or what title I of the Elementary and Secondary Edu- Monday, it will be my honor to host Vermont wants to do. They are setting cation Act of 1965, as the requirement relates Secretary Riley in Louisiana for the their plans. All we are saying is, ac- to local educational agencies and schools; first yearly conference on educational cording to your own State plan, that Mr. JEFFORDS. Mr. President, I sug- excellence in our State, as we reach we are going to have measurable re- gest the absence of a quorum. out to develop stronger Federal-State sults in terms of the performance. That The PRESIDING OFFICER. The partnership for reforms in education. is what this amendment is really clerk will call the roll. As you know, Mr. President, it takes about. The legislative clerk proceeded to more than just the Federal Govern- We have the example which we have call the roll. ment’s actions, but it takes our ac- gone over in terms of Texas where they Mr. JEFFORDS. Mr. President, I ask tions, with the States and local govern- have spelled out exactly what they are unanimous consent that the order for ments, to make real these kinds of re- going to do. It has been enormously the quorum call be rescinded. forms for the children in our schools. impressive, and the students have The PRESIDING OFFICER. Without The conference this week in Louisiana made very significant and important objection, it is so ordered. and this bill will move us closer to that gains. And that example is being rep- Mr. JEFFORDS. I ask unanimous goal. licated by other communities. The par- consent that the Senator from Penn- I also support Ed-Flex because it has ents understand it. The parents know sylvania have 5 minutes as in morning proven to be effective over the last 4 what is happening in their particular business. years. As my colleague from Oregon schools, and they are able to make Mr. WELLSTONE. Mr. President, has so eloquently pointed out, these some judgments about it. Mr. Presi- parliamentary inquiry for a moment. pilot programs have worked, and that dent, this is what we are all working Certainly that is fine with me. The is why the bill is before us today. We towards. pending business is the amendment know it works. States and local school I wanted to get back into reviewing, that I have on the floor; is that cor- districts under Ed-Flex have received very briefly, the absolutely splendid rect? waivers for several Federal education independent evaluation that has just Mr. JEFFORDS. That is correct. programs. These waivers will free been released this past week on title I Mr. WELLSTONE. That remains the States and school districts from unnec- and their conclusions. Those will be pending amendment? essary regulations that stifle innova- valuable for our Education Committee The PRESIDING OFFICER. The Sen- tion in education, while still ensuring as we are looking over ESEA. They ator is correct. the core principles that have been out- have made some very, very important Is there objection to the request? If lined so clearly; specifically, the civil recommendations, and we ought to be not, the Senator from Pennsylvania is rights principles will be honored with responsive to those. recognized. this bill. One of their very key elements is to Mr. SPECTER. Mr. President, I At the same time, Ed-Flex is vol- do the evaluation in terms of student thank the Chair and thank my distin- untary. No State, no school, no district performance. We have that. I will go guished colleague from Vermont. has to apply for these waivers, but they back into it at another time, Mr. Presi- (The remarks of Mr. SPECTER per- will be available should a school or a dent, but I see my good friend and col- taining to the introduction of S. 528 are district choose to apply. And for league, the Senator from Minnesota, on located in today’s RECORD under accountability’s sake, waivers can be the floor, and I yield the floor. ‘‘Statements on Introduced Bills and revoked under the current draft of the AMENDMENT NO. 32 TO AMENDMENT NO. 31 Joint Resolutions.’’) bill, if the Secretary of the Department (Purpose: To preserve accountability for Mr. JEFFORDS. Mr. President, I ask of Education determines that these funds under title I of the Elementary and unanimous consent that the Senator waivers granted have not improved sig- Secondary Education Act of 1965) from Louisiana be allowed to speak in nificantly the performance of the stu- Mr. WELLSTONE. Mr. President, I debate only for 10 minutes. dents in that school or that district. send an amendment to the desk. The PRESIDING OFFICER. Without We know that the data resulting The PRESIDING OFFICER. The objection, it is so ordered. from certain demonstration States is clerk will report the amendment. Ms. LANDRIEU. I thank my col- very encouraging. For instance, in The legislative clerk read as follows: league from Vermont. Texas, where this has seen its greatest The Senator from Minnesota [Mr. Mr. President, I rise today in support use, students with Ed-Flex waivers out- WELLSTONE], for himself and Mr. KENNEDY, of S. 280, the Education Flexibility perform those in districts without the proposes an amendment numbered 32 to Partnership Act, which we have spent waivers in the Texas Assessment of amendment No. 31. most of the afternoon speaking about Academic Skills in reading and math. Mr. WELLSTONE. Mr. President, I today, for several reasons. In Maryland, the Ed-Flex waiver pro- ask unanimous consent that the read- First, this Ed-Flex bill, as we have vided the opportunity for that State to ing of the amendment be dispensed come to call it, represents a very solid provide for one-on-one tutoring in with. bipartisan effort to provide greater early grades in reading and math, in Mr. JEFFORDS. I object. I prefer to flexibility in our public schools and, grades 1 through 5, and in lowering the have it read. hopefully, improvement. Passage now student-teacher ratio from 25 to 1, to 21 The PRESIDING OFFICER. Objec- at this early stage in this Congress to 1. Mr. President, with a 6-year-old tion is heard. The clerk will read the sends a very positive message, I think, who is in first grade now, let me tell amendment. to the American people that we want you that those student-teacher ratios The legislative clerk read as follows: to put first things first; we want edu- at that level are crucial as our young On page 8, line 4, after ‘‘determines’’ insert cation to be a priority. We are willing boys and girls, sons and daughters, ‘‘that the State educational agency is car- now, with the ordeal of the trial behind learn the skills necessary in reading.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2198 CONGRESSIONAL RECORD — SENATE March 3, 1999 That is something I will speak about in readiness in the military forces be- based reform adopted in title I of the Ele- a moment. But that is a flexibility that cause the economy is so good. It is mentary and Secondary Education Act a top this waiver will provide. hard for us to maintain this voluntary, priority in the 106th Congress. In order to Oregon has used the waiver authority well-qualified active force. Why? Be- protect these reforms, we urge you to sup- port amendments offered by Senators Ken- to simplify its planning and applica- cause the private sector competes. nedy, Reed, Dodd and Wellstone to the Ed- tion structure to allow districts to de- Let me say, in Louisiana a beginning Flexibility Partnership Act that are ur- velop one consolidated plan that meets teacher makes $14,000, and in some of gently needed to protect the opportunities of all State and Federal requirements. our parishes up to $24,000. That is bad economically disadvantaged children, chil- Let me thank the distinguished au- enough, but even after teaching 15 or 20 dren of color, children with disabilities, and thors of this bill for including language years, with a good record, the salaries other children who need the law’s protection. also that is already presented in the are not that much higher, unfortu- Next paragraph: bill as drafted that will increase the ac- nately. Our State is doing what it can While the stated purposes of S. 280 are to countability. Some people are worried in that regard, but if we can come to- advance the efforts to achieve comprehen- that if you grant more freedom, we gether and pass $10 billion additionally sive school reform, the bill as reported by know that then comes more responsi- for the military, in terms of getting committee does not assure that States will bility, and as more responsibility our troops ready for the new threats of qualify for waivers only if they can dem- comes, obviously there is more ac- the future, we most certainly can put onstrate that they have complied with a countability. We want this bill to hold strong record of reform in the 5 years since our money where our mouth is and pass Congress with strong bipartisan majorities us all accountable, and through the Ed-Flex and look forward to school adopted standards-based reform as national language that we were able to submit construction and class size reduction, policy in title I of the ESEA, nor does S. 280 earlier, I think with an additional so that we can prepare our children for assure that States once having achieved Ex- amendment that may be acceptable to the threats that face them if they are Flex status will not excuse local school au- both sides, that accountability piece not technologically literate, if they thorities from fundamental requirements of will be made clear. don’t read well and communicate well. title I, such as maintaining high quality Let me be quick to say, as I conclude Our whole Nation will be at risk. teaching staffs and offering afterschool and my remarks, that while Ed-Flex is a summer programs for children who need I am proud to join my colleagues in them. move in the right direction, much more support of this important piece of leg- must be done to improve education. We islation. I urge my colleagues to con- That is it. That is what this amend- need to be very clear about this bill. It sider that this is a step in the right di- ment says. This amendment is really is a good step in the right direction. It rection, but we need to do so much simple, and my colleagues have stated tries to reduce bureaucracy, reduce more. I hope we can make good in spirit that they support it. This regulation, give greater flexibility; but progress in this Congress on these im- amendment simply says that we take it is only one step. We need to do other portant issues. Thank you, Mr. Presi- the core requirements, and we make things. dent. sure that the core requirements, the I urge this Congress, my colleagues I yield the remainder of my time. fundamental requirements of title I, on both sides, to support initiatives to Mr. JEFFORDS addressed the Chair. such as maintaining high quality decrease class size, particularly in the The PRESIDING OFFICER. The Sen- teaching staffs, or offering afterschool early grades. Let me share with you an ator from Vermont. and summer programs for children who alarming statistic from Louisiana that Mr. JEFFORDS. Mr. President, I sug- need them, that no local school author- my acting superintendent and staff gest the absence of a quorum. ity can be excused from meeting these shared with me earlier. In the recent The PRESIDING OFFICER. The standards. test of third graders in Orleans Parish clerk will call the roll. Let me again just mention what we in the basic reading test, 72 percent of The legislative clerk proceeded to are talking about. The requirement the students failed their basic pro- call the roll. that title I students be taught by high- ficiency in reading at that level. In a Mr. WELLSTONE. Mr. President, I ly qualified professional staff—who can parish outside of Orleans, a more sub- ask unanimous consent that the order be opposed to that? The requirement urban parish that is still struggling for the quorum call be rescinded. that LEAs hold schools accountable for and growing, it was 14 percent. I think The PRESIDING OFFICER. Without making substantial annual progress to- 14 percent is too high; I think 72 per- objection, it is so ordered. ward getting all students, particularly cent is tragic. We need to do every- Mr. WELLSTONE. Mr. President, I low-income and limited-English-pro- thing we can to reduce class size in ask that I might speak about the ficient students, to meet the high those early years—kindergarten, first, amendment. standards. Who can be opposed to that? second and third grade—so we can pre- Mr. JEFFORDS. Mr. President, re- The requirement that schools provide vent scores like this from being a re- serving the right to object. This is for timely and effective individual assist- ality. debate only. ance for students who are farthest be- So I urge that we pass additional Mr. WELLSTONE. Yes, the Senator hind; and, finally—this is it—the re- amendments to decrease class size and is correct. quirement that funded vocational pro- modernize our school buildings so that Mr. JEFFORDS. Then the Senator grams provide broad educational and our children believe what we say when would be recognized for debate only. work experience rather than narrow we say they are important. We want The PRESIDING OFFICER. The Sen- job training. That also applies. them in an atmosphere to learn and ator from Minnesota is recognized. All this amendment says is that we not in buildings that are falling down Mr. WELLSTONE. Mr. President, I will make it crystal clear by making around them, with roofs that are leak- don’t know whether we are going to sure that we will have flexibility with ing and situations that are unsafe. I reach agreement on this amendment or accountability, that no State will pro- think the Federal Government has an not. If we do, that is great. If we don’t, vide a waiver to a school district from obligation to help spend some of our then I will come back to these points the core requirements of title I. dollars in that regard, in cost-effective again and debate it. I would like col- My colleague, Senator WYDEN, has ways. leagues to know what is at issue here said to me that he agrees with that. I We, as a Nation, face hundreds of because I think this amendment goes am hoping that my colleague, Senator issues that affect millions of lives to the very essence of accountability. JEFFORDS, will agree. every day, but no single issue is as im- Mr. President, I have a couple of let- That is the reason for this letter by portant to our Nation’s future as edu- ters and talking points from the lead- the Leadership Conference on Civil cation and the challenges that our chil- ership conference on civil rights that I Rights. The reason that I have been out dren face in the next century. want to briefly mention to colleagues. here on the floor for hours is twofold. I was, as you were, Mr. President, a Let me just start out and read a little One, I think we ought to be focusing on proud author of our pay raise increase bit here. what we can really do for children that for the military. We have a real prob- The Leadership Conference on Civil Rights will make a real difference. This piece lem, as the Senator knows, with our has made the continuation of the standards- of legislation won’t. But the second is

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2199 I don’t want to turn the clock back- Mr. JEFFORDS. I ask unanimous Mr. WELLSTONE. Mr. President, wards. I don’t want to go back to pre- consent that there be 15 minutes in first of all let me say I very much hope title I, 35 years of good history. I don’t order prior to the motion to table the that there will be strong support for want us to essentially say that we as a pending amendment, No. 32, with 5 this amendment I have introduced Federal Government, we as a national minutes under the control of Senator along with Senator KENNEDY. If I could community are going to abandon poor JEFFORDS, myself, and 10 minutes just make this request of my col- children, that we are going to now say under the control of Senator leagues—and I will return to the letter for the first time that we are going to WELLSTONE, and that no amendments from the Leadership Conference on allow a State to allow a school district be in order prior to the motion to Civil Rights in a moment—I don’t to exempt itself from the core require- table. know why in the world we don’t just ments of good teachers, high standards, The PRESIDING OFFICER. Without get away from the paper and the words, and measurement of results. objection, it is so ordered. and why we do not accept an amend- My colleagues want to argue that Mr. JEFFORDS. I further ask that ment that basically says we will do there is already language in the bill following that vote, if the amendment what we say we will do. What in the that says this. I don’t think so. The is tabled, the only remaining amend- world can be the basis of the opposition people who I think have been involved ments in order this evening be an to this amendment? with this, the Leadership Conference amendment by Senator WELLSTONE re- This is an amendment that is strong- on Civil Rights for years, have put a garding 75 percent and an amendment ly supported by the Leadership Con- lot of sweat and tears into making sure by Senator KENNEDY regarding ac- ference on Civil Rights. This is an that there are educational opportuni- countability. amendment that speaks to, really, ties for disadvantaged children, low-in- The PRESIDING OFFICER. Without their central fear about this legislation come children, children of color. They objection, it is so ordered. in its present form. This is an amend- are very worried about the lack of ac- Under the previous agreement, the ment that makes it crystal clear, once countability. This amendment is spe- Senator from Minnesota now has up to again, that the mission of title I, an cific. It says let’s make sure that we 10 minutes for debate, the Senator important mission, which is the im- keep this accountability. from Vermont has 5 minutes for debate provement of educational opportuni- Mr. President, I am hopeful that the under his control. ties for poor children, will not be weak- amendment will be accepted. I guess Who yields time? ened. that we will wait and see. I will have Mr. WELLSTONE addressed the This is an amendment which says other supporting evidence, if we go into Chair. that when it comes to the core require- a debate. I guess we are now negoti- The PRESIDING OFFICER. The Sen- ments of title I, when it comes to the ating on this amendment. But it is ator from Minnesota. essence of what this program is about, really, I mean, simple. There are a cou- Mr. WELLSTONE. Mr. President, when it comes to the essence of ac- ple of things. The States have to be in might I ask my colleague, I assume he countability, no State will be allowed compliance with title I. Who could would want me to take my time and to exempt any school district from argue that we would be interested in then finish up; is that correct? Is that these core requirements. giving States flexibility, exemptions the way he would like to do it? We want to make sure that, in every and all the rest, if they are not in com- Mr. JEFFORDS. I would just as soon school district in this country, title I pliance with title I? speak now. students will be taught by highly The second thing the amendment Mr. WELLSTONE. That is fine. qualified professional staff. We want to says is no State should be able to pro- Mr. JEFFORDS. Mr. President, I will make sure that schools are accountable vide a waiver to a local school author- take my 5 minutes. for making substantial annual ity from these basic core values, the The PRESIDING OFFICER. The Sen- progress. We want to make sure that core mission of title I. And what are ator from Vermont is recognized. students, low-income students and stu- these requirements? That these stu- Mr. JEFFORDS. Mr. President, this dents with limited English proficiency, dents be taught by highly qualified is an amendment by Senator meet these standards. We want to professional staff, that schools be held WELLSTONE. I will give you a little his- make sure that schools provide timely accountable to making annual progress tory. This bill was voted out of com- and effective individual instruction for toward helping students, including stu- mittee earlier this year. It was basi- students who are farthest behind. We dents with limited English proficiency, cally the same amendment which was want to make sure there is specific lan- that the schools provide timely assist- passed out of the committee unani- guage. This is the request of the Lead- ance to those kids who need it the mously last year—I am sorry, with one ership Conference on Civil Rights. This most. How can anybody oppose this? objection last year. It is generally is the request of people who have given If you do not want to have account- agreed to. However, there are some their lives to title I in this legislation, ability, and you basically want to gut areas that some Members wanted to that we have specific language that part of what title I has been all about address. I rise in opposition and I will makes it clear that no State will allow for all of these years, a program that, move to table the pending Wellstone any school district to be exempt from as Senator KENNEDY has said, worked amendment. these core requirements, the core com- very well, go ahead and do it. Other- This issue was addressed in the man- ponents of title I. wise, this amendment should be accept- agers’ amendment package by includ- You say you want to do this but you ed. ing the eligibility of the State as a con- don’t want to support an amendment I will wait, for we will continue to dition for approval and consideration. that makes it clear that we will do talk, and I hope that there will be sup- Also, under the eligibility requirement, this. My question is, Why not? In all port for this. States must have the very standards due respect, I may be the only vote Mr. President, I have had a chance to and assessments as laid out in title I. against this legislation. I know I won’t speak a long time today. So I yield the SEAs are prohibited from waiving be the only vote for this amendment. I floor. statewide requirements for local school think there will be a strong vote for I suggest the absence of a quorum. districts. And, finally, the States are this amendment. But in all due respect, The PRESIDING OFFICER. The required to implement corrective ac- if you are not willing to support this clerk will call the roll. tion pursuant to title I. amendment which goes to the core of The legislative clerk proceeded to Therefore, we believe it is redundant accountability, then you are doing call the roll. and unnecessary. At the appropriate some serious damage to title I, to the Mr. JEFFORDS. Mr. President, I ask time I will move to table. title I mission. This piece of legislation unanimous consent that the order for I yield the remainder of my time. will go too long a way towards aban- the quorum call be rescinded. The PRESIDING OFFICER. The Sen- doning a national commitment to poor The PRESIDING OFFICER (Mr. ator from Vermont has yielded back all children. ABRAHAM). Without objection, it is so the remainder of his time. The Senator Now, for the first time ever, we are ordered. from Minnesota is recognized. saying it will be possible for a State to

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2200 CONGRESSIONAL RECORD — SENATE March 3, 1999 give a school district an exemption then if it went down to 45, we said, OK; be accepted tonight that says schools from the basic core requirements of 40, maybe yes. Those were the general with over 75 percent low-income chil- title I—from the basic core require- kinds of waivers. But the point that dren have first priority to funds. And I ments. And this amendment just asks the Senator from Minnesota is trying say this to my colleague from you to support what it is you say you to say is those specific criteria which Vermont, I really speak now with some are for. have been found by educators who have sadness because he is going to move to If you want to go toward block really spent their lifetime focusing on table this because this goes to not grants, and if you want to go toward the needs of the neediest children, such technical issues, not formula, this goes moving us away from this mission, and as qualified teachers and some com- to the very essence of what title I is you want to go toward weakening ac- monsense protections, effectively could about. This goes to the core require- countability, then go ahead and vote to be waived if the Senator’s amendment ments, the core mission, the core ac- table this amendment. But I certainly is not agreed to. countability, and you now have a piece hope a majority of Senators will not do Mr. WELLSTONE. Mr. President, of legislation that tosses that over- so. how much time do I have left? board. Mr. KENNEDY. Will the Senator The PRESIDING OFFICER. The Sen- You are overturning 35 years of im- yield for a question? ator from Minnesota has 2 minutes 30 portant history. You are overturning 35 Mr. WELLSTONE. I will be pleased seconds. years of history of a commitment on to yield for a question or yield time to Mr. WELLSTONE. Mr. President, the the part of our National Government my colleague. Senator from Massachusetts is abso- to poor children in America. You are Mr. KENNEDY. What we are effec- lutely correct, and this is why I speak overturning the hard work of many tively doing under the existing pro- with some indignation. women and men who have written a posal in Ed-Flex is focusing attention Mr. KENNEDY. Will the Senator title I program with accountability on needy children, but there are some yield for one more brief comment? I that has really worked well for chil- specific guarantees under title I; for don’t want to interrupt the thought dren. That is why the Leadership Con- example, well-qualified teachers to en- line, but I have just been informed by ference on Civil Rights is so strongly in sure that we are going to seek the aca- the Administration that they support favor of this amendment. demic enhancement and achievement the Wellstone amendment and believe I hope my colleagues will vote of the children. That is one example. it is consistent with the Statement of against this motion to table this There are a series of those. As I under- Administration Policy. I ask unani- amendment. This is the central ac- stand the Senator’s amendment, with- mous consent to have printed in the countability amendment. If this out the Senator’s amendment, they RECORD a statement by the Adminis- amendment does not pass, we do not will be able to waive those as well. tration in support of the Wellstone have the accountability that has been Mr. WELLSTONE. That is correct. amendment. so important to the success of title I. Mr. KENNEDY. This really has noth- There being no objection, the mate- I yield back the rest of my time. ing to do with paperwork at all. We rial was ordered to be printed in the The PRESIDING OFFICER. All time have already decided that there are RECORD, as follows: has been yielded back on both sides. going to be other kinds of safeguards to STATEMENT OF ADMINISTRATION POLICY Mr. JEFFORDS. Mr. President, I make sure that the funding is focused S. 280—EDUCATION FLEXIBILITY PARTNERSHIP move to table the pending amendment, in terms of the needy students, but ACT OF 1999 and I ask for the yeas and nays. there are some specific guarantees that The Administration has long supported the The PRESIDING OFFICER. Is there a have been written in there, the ones concept of expanding ed-flex demonstration sufficient second? that I have said. The purpose of the authority to permit all States to waive cer- There appears to be a sufficient sec- Wellstone amendment is to give assur- tain statutory and regulatory requirements ond. ance that those particular guarantees of Federal education programs in a manner The yeas and nays were ordered. will not be waived for the neediest chil- that will promote high standards and ac- countability for results, coupled with in- The PRESIDING OFFICER. The dren, as I understand it. question is on agreeing to the motion Mr. WELLSTONE. My colleague from creased flexibility for States and local school to lay on the table the amendment of- Massachusetts is absolutely correct, districts to achieve those results. The Ad- ministration supports amendments designed fered by the Senator from Minnesota. and I say to my colleague from Massa- to: 1) ensure that State waivers of Federal The yeas and nays have been ordered. chusetts, I will list these other core re- requirements result in improved student The clerk will call the roll. quirements. One of them has to do with achievement; and 2) enhance parental in- The legislative clerk called the roll. title I students, that they be taught by volvement. Mr. REID. I announce that the Sen- highly qualified professional staff. In order to ensure consistency between ed- ator from Delaware (Mr. BIDEN) and the Another one is that the LEAs hold flex authority and the Elementary and Sec- Senator from New Jersey (Mr. schools accountable for making sub- ondary Education Act of 1965 (ESEA), which TORRICELLI) are necessarily absent. stantial annual progress toward get- will be undergoing reauthorization this year, the Administration urges Congress to sunset I also announce that the Senator ting all students, particularly low-in- this legislation upon enactment of the from West Virginia (Mr. BYRD) is ab- come students and limited-English-pro- ESEA. sent attending a family funeral. ficient students, to meet the same high The Administration strongly supports an The result was announced—yeas 55, standards, and the requirement that amendment that is expected to be offered to nays 42, as follows: schools provide timely and effective in- S. 280 that would implement the President’s dividual assistance for students who proposal for a long-term extension of the [Rollcall Vote No. 30 Leg.] are farthest behind. one-year authority to help school districts YEAS—55 reduce class size in the early grades, which I say to my colleague, the reason Abraham Frist Murkowski the Congress approved last year on a bipar- Allard Gorton Nickles that the Leadership Conference on tisan basis. In order to hire qualified teach- Civil Rights feels so strongly about Ashcroft Gramm Roberts ers, arrange for additional classrooms, and Bennett Grams Roth this amendment and the reason my col- take other steps that are necessary to reduce Bond Grassley Santorum league from Massachusetts does, is we class size, school districts need to know, as Brownback Gregg Sessions know this goes to the very mission of soon as possible, that the Congress intends Bunning Hagel Shelby Burns Hatch Smith (HN) title I. Why in the world would we not to support this initiative for more than one Campbell Helms Smith (OR) year. Chafee Hutchinson want to have this accountability built Snowe Cochran Hutchison into this legislation? Mr. WELLSTONE. Mr. President, I Specter Collins Inhofe Mr. KENNEDY. This is entirely dif- thank my colleague from Massachu- Coverdell Jeffords Stevens ferent than what we talked about in setts. Craig Kyl Thomas the general Ed-Flex where we had re- Mr. President, this is not on the Crapo Lott Thompson quirements that, for example, you whole question of funds and, frankly, I DeWine Lugar Thurmond Domenici Mack Voinovich could have a studentwide utilization of have been worried about the dilution of Enzi McCain Warner resources if it was 50 percent poor, and funds. I have an amendment that will Fitzgerald McConnell

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2201 NAYS—42 It is accepted by both sides. I thank enhance academic achievement. It also Akaka Feingold Levin my colleagues, Senator KENNEDY, Sen- will take in student performance after Baucus Feinstein Lieberman ator JEFFORDS, Senator WYDEN, and 5 years, should there be the request for Bayh Graham Lincoln the continuation of this legislation. Bingaman Harkin Mikulski Senator FRIST, as well. Boxer Hollings Moynihan Mr. JEFFORDS. Mr. President, I I thank my colleagues and friends. I Breaux Inouye Murray have no objection to the amendment. think we really have the best of all Bryan Johnson Reed Mr. HAGEL. The question is on worlds here. I am grateful to Senator Cleland Kennedy Reid JEFFORDS and Senator FRIST for work- Conrad Kerrey Robb agreeing to the amendment of the Sen- Daschle Kerry Rockefeller ator from Minnesota. ing this through. Dodd Kohl Sarbanes The amendment (No. 33) was agreed Mr. JEFFORDS. Mr. President, I Dorgan Landrieu Schumer to. think the amendment is a helpful addi- Durbin Lautenberg Wellstone tion to the bill. We appreciate the ef- Edwards Leahy Wyden Mr. WELLSTONE. Mr. President, I move to reconsider the vote. forts of Senator KENNEDY and are NOT VOTING—3 Mr. KENNEDY. I move to lay that happy to accept it. The PRESIDING OFFICER. The Biden Byrd Torricelli motion on the table. The motion to lay on the table question is on agreeing to the amend- The motion to lay on the table was ment of the Senator from Massachu- amendment No. 32 was agreed to. agreed to. Mr. JEFFORDS. Mr. President, what setts. AMENDMENT NO. 34 TO AMENDMENT NO. 31 The amendment (No. 34) was agreed is the pending business? (Purpose: To ensure that increased flexi- to. The PRESIDING OFFICER (Mr. bility leads to improved student achieve- Mr. KENNEDY. Mr. President, I HAGEL). The pending business is the ment) move to reconsider the vote. substitute of the Senator from Mr. KENNEDY. Mr. President, I send Mr. JEFFORDS. I move to lay that Vermont. an amendment to the desk and ask for motion on the table. Mr. JEFFORDS. It is my under- its immediate consideration. The motion to lay on the table was standing that two amendments would The PRESIDING OFFICER. The agreed to. be in order, if offered—the Kennedy clerk will report. Mr. LEVIN. Mr. President, under the amendment and a Wellstone amend- The bill clerk read as follows: Wellstone and Kennedy amendments, ment. would Michigan be able to continue The Senator from Massachusetts [Mr. KEN- The PRESIDING OFFICER. The Sen- NEDY], for himself, Mr. REED, Mr. DODD, and their current Ed-Flex authority? ator is correct. Those are the two pend- Mr. WELLSTONE, proposes an amendment Mr. KENNEDY. Yes, Michigan would ing amendments that will be agreed to. numbered 34 to amendment No. 31. be able to continue its current Ed-Flex Mr. KENNEDY. Mr. President, I sug- Mr. KENNEDY. Mr. President, I ask plans. Mr. LEVIN. In January, 1998, Michi- gest the absence of a quorum. unanimous consent that reading of the gan moved to lower the poverty thresh- The PRESIDING OFFICER. The amendment be dispensed with. old statewide from the 50 percent pov- clerk will call the roll. The PRESIDING OFFICER. Without erty level in title I to 35 percent. Would The bill clerk proceeded to call the objection, it is so ordered. either the Wellstone or Kennedy roll. The amendment is as follows: Mr. JEFFORDS. Mr. President, I ask amendment prohibit Michigan from On page 7, line 21, strike ‘‘and’’ after the unanimous consent that the order for continuing to allow these waivers semicolon. under Ed-Flex that is improving reform the quorum call be rescinded. On page 7, line 24, strike the period and in- The PRESIDING OFFICER. Without sert ‘‘; and’’. in the affected schools? objection, it is so ordered. On page 7, after line 24, insert the fol- Mr. KENNEDY. No. Mr. President, we have made some AMENDMENT NO. 33 TO AMENDMENT NO. 31 lowing: (v) a description of how the State edu- progress today. We are looking forward (Purpose: To prohibit waivers with respect to cational agency will evaluate (consistent to having some debate on the Binga- serving eligible school attendance areas in with the requirements of title I of the Ele- man amendments tomorrow, followed rank order) mentary and Secondary Education Act of by my friend and colleague, Senator Mr. WELLSTONE. Mr. President, I 1965), the performance of students in the KERRY. We will indicate to the mem- send an amendment to the desk and schools and local educational agencies af- bership that we will tentatively get ask for its immediate consideration. fected by the waivers. started sometime around 11, and we The PRESIDING OFFICER. The On page 9, line 22, strike ‘‘which may in- clude progress toward’’ increased school and will let the floor managers know at clerk will report. least in what order we will want to The bill clerk read as follows: student performance. On page 11, line 17, insert ‘‘in accordance offer our amendments. The Senator from Minnesota [Mr. with the evaluation requirement described in Obviously, they have their own WELLSTONE] proposes an amendment num- paragraph (3)(A)(v),’’ before ‘‘and shall’’. rights. But we will try to keep them as bered 33 to amendment No. 31. On page 12, line 14, before the period insert fully informed as possible so that we Mr. WELLSTONE. Mr. President, I ‘‘, and has improved student performance’’. can all be as prepared on these amend- ask unanimous consent that reading of On page 16, line 9, insert ‘‘and goals’’ after ments as possible. the amendment be dispensed with. ‘‘desired results’’. Mr. JEFFORDS. Mr. President, I The PRESIDING OFFICER. Without On page 16, lines 10 and 11, strike ‘‘sub- thank my good friend and Senator objection, it is so ordered. section (a)(4)(A)(ii)’’ and insert ‘‘clauses (ii) from Massachusetts. I deeply appre- and (iii) of subsection (a)(4)(A), respec- The amendment is as follows: tively’’. ciate the cooperation we have had On page 15, between lines 2 and 3, insert today. We moved along well. We are the following: Mr. KENNEDY. Mr. President, I will well on our way. I look forward to see- (F) serving eligible school attendance just take a moment of the Senate’s ing the wonderful cooperation that we areas in rank order under section 1113(a)(3) of time. We had a good opportunity dur- will have as we proceed on this bill. I the Elementary and Secondary Education ing the course of the afternoon to talk Act of 1965; look forward to seeing you all again in about the student performance. We the morning. Mr. WELLSTONE. Mr. President, have worked out language which I this amendment simply requires that think responds certainly to my con- f schools with over a 75-percent low-in- cerns and, hopefully, is consistent with MORNING BUSINESS come student population must receive what Senator FRIST and Senator JEF- Mr. JEFFORDS. Mr. President, I ask funds first, as a matter of priority— FORDS were doing. Now the States will unanimous consent that the Senate first, in terms of the allocation of the be able to receive Ed-Flex, but they now proceed to a period of morning title I money—and that those neediest will also—in the application, there will business, with Members permitted to schools with a population of low-in- be an indication about what their ex- speak therein for up to 10 minutes come students over 75 percent would pectation in the State is in terms of each. have first priority in receiving those the students’ performance, consistent The PRESIDING OFFICER. Without funds. with what the overall State plan is to objection, it is so ordered.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2202 CONGRESSIONAL RECORD — SENATE March 3, 1999 Mr. JEFFORDS. I yield the floor. I I might note that Ed-Flex is already will get them done without the regula- suggest the absence of a quorum. in place in 12 States, including my tion here. The PRESIDING OFFICER. The home State of Kansas. Schools there I don’t think anybody in this Cham- clerk will call the roll. have already submitted 43 waiver re- ber, or in this town, should think that The bill clerk proceeded to call the quests in an effort to better serve the somebody in Emporia, KS, doesn’t care roll. unique needs of Kansas students. At greatly about how that child is edu- Mr. BROWNBACK. Mr. President, I this point, no waiver has been rejected. cated and won’t do the absolute best ask unanimous consent that the order Around two dozen requests have al- they can to make sure that child is for the quorum call be rescinded. ready been granted, and others are educated well. The PRESIDING OFFICER. Without pending. I would encourage the Depart- We need to empower them. We need objection, it is so ordered. ment of Education to expedite those re- to empower the parents, the teachers, Mr. BROWNBACK. Mr. President, quests. the school boards, the communities parliamentary inquiry. What business That speech and that point that I over the government bureaucracy. are we in right now? just gave sounds very reminiscent of a That is why I will vote in favor of the The PRESIDING OFFICER. We are in point that I made in 1995 about waivers morning business. Ed-Flexibility Act. I urge my col- that were being granted on welfare re- Mr. BROWNBACK. Mr. President, I leagues to do likewise. form and asking that those be sped up ask unanimous consent to speak for up I say let’s not stop here. This is to 10 minutes. so that States could solve the problem. where we started with welfare reform— The PRESIDING OFFICER. Without We are at the same point in time with providing these waivers. Ultimately, objection, it is so ordered. education. Let’s let the States have the when we gave the program to the resources and have them solve the f States and the resources to the State, problem. they cut the welfare dependency in half EDUCATIONAL FLEXIBILITY Kansas schools have used Ed-Flex for and had people who were on welfare PARTNERSHIP ACT many reasons. One school district re- being thankful that they are now out Mr. BROWNBACK. Mr. President, I ceived a waiver in order to better dis- on the job and they are encouraged rise in support of the Educational tribute title I funds to the neediest stu- about that. Why don’t we try that with Flexibility Partnership Act, the Ed- dents. Leavenworth schools requested a education, letting the States and the Flex program that has been debated waiver to provide an all-day kinder- locals decide this? We will get more for here today. I congratulate Senator garten class and preschool programs to every education dollar that we put out FRIST and Senator JEFFORDS for their better serve the needs of children of there. And, more importantly, our stu- work on this bill of which I am a co- parents that are at Fort Leavenworth dents will be better, and they will sponsor. at the military facility. Emporia used achieve higher test scores in the key Ed-Flex does the important work of an Ed-Flex waiver to implement new areas that they are not doing today. granting waivers of certain statutory literacy programs in an intensive sum- Mr. President, one other point: I and regulatory requirements so that mer school program. That fit the needs think we have finally started down the local schools can implement creative and what we had for needs in Emporia. road of making some real reforms in programs that are custom-tailored to The list goes on. education, and reforms that I think the needs of their kids and allows some These are all very different programs people have been afraid that we are State education agencies to waive that address different needs. But that going to dictate out of Washington. State requirements along with Federal is just the point. Schools need this This, to me, is a positive step forward— mandates so that local schools can in- flexibility. We need education decisions letting the local school districts start novate effectively. made in Emporia, in Fort Leaven- to decide on how they can implement I think this is an extremely impor- worth, in Topeka, and in Manhattan— those reforms. We have a lot of bright tant program. We have been saying for not in Washington for Kansas. We need students across this country who need some period of time that too much of it made there. And the people there a system that is as bright as that are education is directed out of Wash- care for the students. They look in to challenge them and help them move ington, that problems in education are their eyes every day. They can say, forward. not solved in Washington as much as ‘‘We need this program here.’’ What Mr. President, I yield the floor, and I they are at the local level. If we can can we tell them in Washington? No. suggest the absence of a quorum. allow people to have the flexibility in You don’t need that program. What The PRESIDING OFFICER. The Kansas, Nebraska, Vermont, Ten- you need is something else when we clerk will call the roll. nessee, Texas or California to solve don’t even look into the eyes of that The legislative clerk proceeded to their education problems with these same child. People here in the Wash- call the roll. dollars, they will get more education ington bureaucracy have great desires Mr. MACK. Mr. President, I ask done, and they will have more effective to help that child, but the person who unanimous consent that the order for education done than if we direct it out is right there closest is the one who the quorum call be rescinded. of Washington. It is a basic premise. It can best determine what that child The PRESIDING OFFICER (Mr. works. It has worked on a number of needs. This is the sort of program that SMITH of Oregon). Without objection, it programs. We allowed this to take allows that to take place. Schools need is so ordered. place in welfare reform. We had a num- that sort of flexibility. Mr. MACK. Mr. President, I under- ber of different experiments on welfare While Ed-Flex is an important first stand we are in morning business. reform that led welfare rates to decline step, there are other steps that we need The PRESIDING OFFICER. The Sen- 50 percent. We solve it in Kansas dif- to take as well. If we are going to make ator is correct. ferently than they solve it in other progress toward improving our schools, Mr. MACK. I ask unanimous consent States. It worked. Education—we have we need to give the States and commu- to speak in morning business for not to a problem. But it is not a uniform nities far more flexibility and empower exceed 30 minutes. I hope I will not use problem that you can say, OK, if we them to make decisions with what is the full 30 minutes. just do this and this and this all across best for their schoolchildren. As impor- The PRESIDING OFFICER. Without the Nation with programs, the problem tant as it is to make waivers to Fed- objection, it is so ordered. is solved. It doesn’t work that way. We eral regulations available, frankly, I f have different educational needs in dif- believe it would be better if we would ferent places. roll back those regulations altogether ISRAELI AND PALESTINIAN PEACE Ed-Flex is tried and true as a con- and provide the resources to Kansas BASED UPON SECURITY, FREE- cept. It is a needed concept in edu- and to the school districts, and say to DOM, AND A CHANGE OF HEART cation, because we need more flexi- them, ‘‘You figure out how best to edu- Mr. MACK. Mr. President, I very re- bility to get these dollars into the cate these students.’’ Believe me. They cently traveled to Israel. It had been classroom than people back here decid- will come up with the ideas to do it. several years since my last visit, and I ing how to spend it. They will implement them, and they expected this year we would bring some

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2203 important measures to the Senate scene on television. There is no way I you put your baby under in case of a floor. The timeline on the Oslo accords can put the emotion into what she was chemical weapons attack. expires in May, and Arafat has threat- expressing and the emotion that she In Israel, this preparation is routine. ened to unilaterally declare an inde- was expressing as she sang those words. Everyone in Israel knows to have a gas pendent state. The supplemental appro- And after her song, she got an ovation mask ready. It just becomes a part of priations for the Wye River accords from her classmates and from her the craziness of everyday life. But will soon be before us, and the time- teacher. when you bring home a newborn baby, table on the Jerusalem Embassy Act This focuses us on the fundamental when you bring home your baby and requires that the President report to difference in approach between the Pal- you get the chemical weapons tent at the Congress why the United States estinians and the Israelis. I have a the hospital, then you realize how Embassy has not been set up in Israel’s grandson about that age, about the age unordinary life is in Israel today. You capital city, Jerusalem. I learned a of that little girl. How would I feel if realize that you are really simply great deal during the week and I rise he were being taught hatred in school? struggling for a normal life, hoping for today to share a few simple thoughts If he were being taught hatred on tele- peace and security, praying to God, regarding what I saw and what went vision, how would I feel? How would while actually living in a war zone. through my mind as the week in Israel you feel if your Government was teach- I had another profound meeting dur- unfolded. ing your children to hate? Could you ing this week. I met one evening pri- Let me begin with the question that conclude that they were serious about vately—secretly—with Arabs who were is on my mind today: How is it possible long-term peace with their neighbors? being persecuted for their Christian to engage in peace negotiations with I also have some examples from Pal- faith. I met with about 10 Palestinian people who maintain the right to oblit- estinian textbooks for a third-grade Christians. I will tell you just one of erate you, who are filled with hatred grammar lesson. Here is the task: their stories, but I will change some of toward you, and who harbor the dream ‘‘Complete the following blank spaces the details to protect the person I am of one day destroying your homeland? with the appropriate word.’’ And the describing. I remember an energetic man, in his Peace is a matter of the heart. I believe sentence is, ‘‘The Zionist enemy blank early 40s, at the end of the table. I re- in the depths of every person’s heart is civilians with its aircraft.’’ The correct member him because he seemed so full a desire to live in peace. But what I answer is, ‘‘The Zionist enemy at- of life and love. He had a great smile on saw, which was the outcome of the Pal- tacked civilians with its aircraft.’’ his face and displayed a wonderful estinian Authority rule, convinced me For seventh graders: ‘‘Answer the fol- sense of humor. I say this was memo- that their hearts and minds are set on lowing question: Why do the Jews hate rable because, frankly, after hearing other goals. The Palestinian leadership Muslim unity and want to cause divi- what he had been through, I do not does not want peace. They want, first, sion among them? Give an example of know if I could express the sense of their own state which they can control the evil attempts of the Jews, from with total power. Then they want to peace and love he did. This is his story. events happening today.’’ These are He had many children and very little use that state to eliminate the State of from Palestinian textbooks today. Israel. money. He converted to Christianity in One would expect, rather than focus 1993. He clearly loved God, and he loved Let’s be clear. The peace process, to on hatred, if they were serious about be meaningful, must be about more to tell people about his conversion. He peace, they would focus on how the two described to me how in 1997, the Pales- than rules and laws and lines on a map. peoples are working to live side by We can reach a short-term agreement tinian Authority asked him to come to side. A history book for 12th graders the police station for questioning. on these points, but if the Palestinian published only last summer teaches: leadership fails to abandon incitement When he arrived, he was immediately ‘‘The clearest examples of racist belief arrested and detained on charges of of hatred, persecution, and terrorism, and racial discrimination in the world then we are all dreaming, only dream- selling land to Jews. He denied this are Nazism and Zionism.’’ charge, since he was very poor and ing, and our President’s behavior must To see this taking place today is be labeled foolish appeasement. There owned no land. He was beaten. He was chilling. If you can, think about it in hung from the ceiling by his hands for will not be peace until hearts and the context of being in Israel and being minds are changed, and we must focus many hours. He showed me what I just briefed by a member of the Govern- said. He showed me how his hands were our attention on these issues. ment with respect to what is happening Mr. President, many of my col- tied behind his back and then raised in what they refer to as the anti-incite- leagues in the Senate and in the House from the floor and hung that way for ment committee, which was set up by are aware of the promotion of hatred many, many hours. the Wye Agreement. To be sitting contained in the Palestinian media, After 2 weeks, he was transferred to a there and seeing this, I must say to and more significantly in the Pales- larger prison where he was held for 8 you, was chilling. I found it to be ex- tinian schoolbooks. Let me provide months without trial. He was released tremely chilling. some examples. in February 1998, after his family bor- While the Government of Israel This is a picture that was taken off rowed thousands of dollars to pay off of Palestinian Authority-controlled makes good-faith efforts to come to a the local authorities. And even though television. It is a picture of a young peace agreement, the Palestinian Au- he is free, they are keeping his father girl, probably 6 or 7 years old. This is a thority teaches children hatred. This in prison. They believe it is for his young girl singing into a microphone. causes me to ask, How can peace be ob- son’s beliefs. He feels his father is She is on a television show that would tained when the children are being being held hostage to prevent him from be what we would refer to as kind of a taught hatred? talking with people about his faith. Let me share another story. I at- Mickey Mouse Club type of show that Needless to say, these Christians met tended Shabbat dinner at the home of would be shown to children by the Pal- with me at considerable risk. They Saul and Wendy Singer in Jerusalem. estinian Authority. I want to read to conveyed to me a message of fear and Saul worked on my staff for 7 years be- you what this little girl is singing. desperation. But their mere presence in fore moving with his wife to Israel. Again, this is a program that was pro- the room with me demonstrated their They just had their second child, a girl duced by the people who are sitting hope, and it also caused me to ask, how named Tamar. Wendy told the story of across the table from you, supposedly can the people of Israel find peace with the day she was checking out of the negotiating peace. This is what the lit- the Palestinian Authority while the hospital in Jerusalem, 2 days after giv- tle girl is singing: Palestinian Authority engages in coer- ing birth. In a very ordinary and mat- When I wander into the entrance of Jeru- cion and torture based upon religious salem, ter of fact way, the hospital gave her beliefs? I’ll turn into a suicide warrior in the necessities for bringing home a I also met with the parents of Amer- battledress, newborn baby. In addition to providing ican children killed by Palestinian ter- In battledress. In battledress. for diapers and other things we would rorists. In this meeting, I was struck There is no way I can convey to you expect, she was handed a gas mask for by the courage displayed by these fami- the emotion of actually seeing that her baby. It is actually a tent which lies after suffering the tremendous loss

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2204 CONGRESSIONAL RECORD — SENATE March 3, 1999 of a child brutally murdered. These der of their son, also believed to have Arafat is not halfway between the two. families told me of the hopes and been planned by Dief. The United States must not engage in dreams they had for their children. I I am told Mohammed Dief remains a moral equivocation. We must not shy couldn’t help thinking about my own. free man today. The obvious lesson— away from holding Arafat responsible My daughter, Debbie, traveled with me terrorists kill and those who are not for acts of violence, incitement and on this trip. She was in the room as jailed remain free to kill and to kill persecution. these stories of brutality and murder again thanks to the Palestinian Au- The United States must demonstrate were related. There was scarcely a dry thority. principled leadership and end the ap- eye in the room. How would I feel in their place? I peasement that perpetuates the cycle I am sure Debbie was thinking about couldn’t keep the thought from my of violence. The peace process can only her three little boys, ages 14, 11 and 5. mind, as I listened. If I had lost a child work when leaders uphold their agree- We were moved by the comments made and knew that the murderer or accom- ments and answer to the people, and by the parents as they described to us plices were on the loose, how would I the United States remains a vigilant what had happened. feel? And if I knew the killer remained defender of the principles which bind us I understand that the Palestinian free to kill other people’s children, how to Israel: freedom, democracy, and the Authority knows a great deal about would I feel? It is so hard, hard to even rule of law. these murderers, but they are not consider, but I do know that I left What should we do? I believe there being punished. Some of them have there committed to doing whatever I are three things. First, we should insist gone to trial and were sentenced, but could to help each of those families. upon the strict adherence to Oslo and we don’t know if they remain in prison. Once again, I began to better under- the reciprocity codified at Wye. The I was told that we know some have stand the way the Palestinian Author- purpose of the Wye accord was at long been released. ity leadership was approaching peace. last to force the Palestinians to com- There are reports that the Pales- How can one find peace with people ply with commitments before further tinian Authority allows them to leave who do not condemn terrorism? Mr. territory would be turned over. prison each day and return in the President, how is it possible to engage So at Wye, Israel agreed only to turn evening—like free room and board in peace negotiations with people who over territory in phases, in which it more than like prison. I was also pre- want to teach their children to die in a could verify Palestinian compliance at sented with stories of the lionization of holy war against you? How is it pos- each and every step. In the first phase, these murderers in the press and again sible to engage in peace negotiations Israel completed its redeployment in the classrooms. Try to imagine how with people who persecute those of after the Palestinian Authority com- you would feel, try to imagine what other faiths? How is it possible to en- pleted its tasks. In phase 2, the Pal- would be going through your mind gage in peace negotiations with people estinians did not meet all their obliga- when you are dealing with the grief of who keep terrorists on the loose to tions and, therefore, Israel has not yet the loss of your child. You know who is wreak havoc and evil against you and turned over the additional land. Reci- responsible. You know they know who praise them for heroism? procity makes no sense unless it is is responsible. You saw them go on Today the Israeli people are ex- based upon this formulation. Once trial. You saw them then released. You hausted by 50 years of violence against Israel has ceded territory, it is un- have to ask yourself, what are we going their homes and families, of sending likely it ever could recover it. The Pal- through this peace process for? their sons and daughters into the estinians, on the other hand, can turn I would like to mention one story of army, and they dream of a promised on and off their promises. In fact, this many that I heard. Mrs. Dosberg sat di- peace now. This is our hope and our is exactly what they have done. rectly across the table from me. When dream as well. But we must not get Second, we should stop paying she told us of the loss of her daughter confused. History is replete with exam- Arafat. Any funds provided to the Pal- and son-in-law, the lesson of these ples of compromises which bring terror estinian people should continue to go murders became so clear—we must and destroy dreams. through private voluntary organiza- fight terror and we cannot back off. In the United States, many people tions. We should also monitor much Mrs. Dosberg’s family, her daughter, seem to think that if we do not con- more closely the rampant corruption American son-in-law, and their 9- front these obstacles to peace and if we and mismanagement of funds provided month-old daughter attended a wed- look the other way, then we will be currently. ding in central Israel on June 9, 1996. able to come to an agreement. The re- And third, we must aggressively seek They decided not to bring their 2-year- ality, however, is just the opposite. If the bringing to justice of Palestinian old daughter along. Thank God. On the we do not acknowledge the attitudes terrorists who killed American citi- way home from the wedding they were and acts of those at the peace table, zens. I am told that our Justice De- stopped by Palestinian terrorists and then the peace process is already over, partment can do a better job here, that killed in a so-called drive-by shooting. and we just won’t admit it. they have a great deal of information Fifty bullets were found to have been In other words, the surest way to kill on the murderers of the Americans who used in this murder, and yet, by some the peace process is to avoid confronta- are free in the Palestinian areas and, miracle, the baby survived. Even with tion, to fear upsetting a belligerent indeed, can make some requests for in- a crime this gross, the Palestinian Au- force and to avoid addressing incite- dictments. It is time to do this. Let’s thority did not arrest everyone in- ment, violence, persecution and ter- put the needs of the American families volved or suspected in the shooting. rorism. The only way to keep the peace and other victims’ families over the One of those who remained free, it is process alive is to focus on truth, free- needs of those engaging in or sup- believed, later took part in the bomb- dom, security and justice. porting terrorism. ing of the Apropos Cafe, killing many Israeli efforts, to date, have sought Mr. President, these are very basic others. to keep the peace process alive, im- principles. I am not discussing today Another suspected killer, according prove security during the negotiating the intricacies of the peace process, to the Israeli Justice Ministry, was process, and obtain reciprocity as a U.S. funding, embassies, or any other under arrest but given permission to vital element of implementation. number of issues we will be discussing come and go as he pleases from prison. The process remains alive, but ter- this year in the Senate. We need to Mohammed Dief, another suspected rorism continues and is exalted by focus on a more fundamental level Palestinian terrorist, took part in the many in the Palestinian Authority, first. And I hope that this message will murder of two other Americans, at two and reciprocity does not exist. The be heard at 1600 Pennsylvania Avenue. different times, according to the moth- United States role has been to seek the What I mean when I say this is that ers with whom I spoke. Mrs. Sharon middle ground. Unfortunately, this I hope the President will hear the mes- Weinstock lost her 19-year-old son in a only rewards those willing to go to new sage. I say this from a standpoint not drive-by shooting masterminded by extremes. of arrogance, not of confrontation, and Dief. And only a year later, Mrs. The middle ground between Prime I do not mean it in a political way. I Wachsman told me of the kidnap-mur- Minister Netanyahu and Chairman just hope that the President will listen

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2205 and take another look at what he and industry is now in place and ready for enlightening, for involved organiza- his foreign policy team are trying to the May 1, 1999, start date. tions. To its credit, the FMC met the force the Israeli Government to do. The 1998 Act signals a paradigm shift challenge of promulgating the new reg- There cannot be peace until there is in the conduct of the ocean liner busi- ulations by the March 1, 1999 deadline. a change of heart. I returned from this ness and its regulation by the FMC. Now, I recognize that Congress issues trip with a newfound concern for the Where ocean carrier pricing and service many deadlines for the Executive future of Israel. I saw examples of in- options were diluted by the conference Branch, sometimes with little success. citement. I heard examples of persecu- system and ‘‘me too’’ requirements, an But I want to personally congratulate tion and hatred being taught through- unprecedented degree of flexibility and the FMC for its tremendous effort and out Palestinian society by their lead- choice will result. Where agency over- responsiveness to complete these regu- ers. When the people engaged in peace sight once focused on using rigid sys- lations on time. Not only did the FMC talks return from the negotiating table tems of tariff and contract filing to deliver its rules on time; the FMC’s only to disparage compromise and in- scrutinize individual transactions, the rules are clearly within the intent of cite violence, there can be no progress ‘‘big picture’’ of ensuring the existence Congress. I feel good about that. towards peace. of competitive liner service by a I want to express my gratitude to the Israel has come a long way since I healthy ocean carrier industry to fa- four FMC Commissioners, Chairman first began following the fate of this cilitate fair and open maritime com- Hal Creel, Ming Hsu, John Moran, and state and the people of Israel. In so merce among our trading partners will Delmond Won, for their leadership and many respects, life appears and feels become the oversight priority. wisdom during this process. This band normal. The economy is developing, Mr. President, as FMC Commissioner of four challenged the staff to think the standard of living is growing and Ming Hsu recently told a large gath- ‘‘outside the box’’ of the previous regu- improving. But just below the surface ering of shippers and industry rep- latory system and develop innovative of this normalcy, Mr. President, Israel resentatives, ‘‘This has been not only a methods to monitor the industry in a still faces a threat to the state’s very long journey, but a long needed jour- less intrusive manner. Also, I want to ney * * * With the passage of the Ocean existence. Israel’s survival remains, recognize the efforts of the FMC staff Shipping Reform Act and the FMC’s unfortunately, a very real and central members who worked long and hard to new regulations, I believe the maritime concern 50 years after its independence. meet Congress’ deadline: George Bow- Some people believe, however, that industry will be far less shackled by ers, Florence Carr, Jennifer Devine, burdensome and needless regulations by ignoring this threat, that the peace Rachel Dickon-Matney, Bruce * * * I believe we can now look forward process can succeed. Mr. President, it Dombrowski, Rebecca Fenneman, Vern to an environment which gives you the will fail. It is clear to me that many in Hill, Christopher Hughey, Amy Larson, freedom and flexibility to develop inno- the Palestinian leadership today see David Miles, Tom Panebianco, Austin vative solutions to your ever-changing the peace process toward the goal of Schmitt, Matthew Thomas, Bryant ocean transportation needs.’’ I couldn’t eliminating the State of Israel. VanBrakle, Ed Walsh, and Ted Zook. agree more. Their hard work and sweat will truly I suggest today that we get back to The FMC regulatory process bore the basics. Peace is not possible while benefit this Nation by enabling indus- some resemblance to the legislative try and its customers to prepare for teaching children to hate and kill. process that preceded it. A few early Peace is not possible while persecuting this new era of ocean shipping. steps started to head off in the wrong Mr. President, just as it took several those of other faiths. Peace is not pos- direction, but through honest dialogue years for the legislative process to bear sible while lionizing terrorism. We among the industry and the govern- fruit, I urge patience before evaluating must stand up for freedom, security, ment parties, the course was corrected the results of this rulemaking. I will and human dignity. We must stand up and the intent of the 1998 Act was em- continue to monitor the transition to ensure the security of Israel. We bodied in the regulations. Now the process for this fundamental change. must stand up in the Congress, and we FMC faces the challenge of imple- The Ocean Shipping Reform Act can’t must insist that our President stand menting the new regulations in a man- fix international economic imbalances with us. ner consistent with Congressional in- and uncertainties, but it will give the Today is the day to end American tent. industry and its customers much-need- pressure on Israel to force a peace Mr. President, through the 1998 Act, ed flexibility to work through many agreement. Today is the day to remem- the Congress directed the FMC to difficult situations. ber it is up to the people of Israel to de- spend less effort attempting to regu- Mr. President, The health of our Na- termine their own fate—their own se- late the day-to-day business of ocean tion’s economy depends on a healthy curity. We should pressure those who carriers and spend more effort on coun- system for international trade, and fill children with slogans of hatred and tering truly market distorting activi- therefore, a dependable ocean shipping holy war; we should pressure them to ties. This shift is made possible by giv- industry. The FMC rules will provide change. We should pressure those who ing exporters and importers greater op- the necessary certainty in a manner torture; we should pressure them to portunity and ability to use the mar- consistent with Congressional intent. change. We should pressure those who ketplace to satisfy their ocean shipping Again, I salute the FMC for being re- encourage and support terror and mur- requirements through less government sponsive. der, and those who rejoice in hatred. intervention. f That is where the pressure should be. Recent efforts by some countries to Now is the time, Mr. President, for a protect their domestic maritime indus- GRASSLEY-WYDEN INITIATIVE return to our principled stand. The tries by imposing restrictive trade LETTER only way to truly attain peace is to practices indicates that this shift in Mr. LOTT. Mr. President, I ask unan- support freedom, democracy and jus- emphasis is well-timed. I am particu- imous consent that a letter sent to all tice, and oppose the cycle of hatred. We larly concerned about China’s efforts Senators today addressing the proce- must face tyranny and oppression to impose greater regulatory control dures governing the use of holds, where it exists, condemn it, and stand over the ocean shipping industry as the signed by the Democratic leader, Sen- up for peace—real peace based upon se- rest of the world is heading in the op- ator DASCHLE, and myself, be placed in curity, freedom, and a change of heart. posite direction. While the Maritime the RECORD. This letter is a result of f Administration seem to be nearing an ongoing negotiations between Senators agreement eliminating unfair practices GRASSLEY and WYDEN, the Democratic OCEAN SHIPPING REFORM by Brazil, continued vigilance is re- leader and myself, beginning early in Mr. LOTT. Mr. President, on Feb- quired. As we are seeing with Japan’s the 105th Congress, and encourages all ruary 26, 1999, the Federal Maritime port practices, the problem can remain Members to make their legislative Commission (FMC) completed its rule- long after such an agreement is holds known. making to implement the Ocean Ship- reached. There being no objection, the letter ping Reform Act of 1998. The regu- Mr. President, I should point out that was ordered to be printed in the latory framework for the liner shipping paradigm shifts are often painful, but RECORD, as follows:

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2206 CONGRESSIONAL RECORD — SENATE March 3, 1999 U.S. SENATE, years on a broad range of national se- defense of civil liberties and freedom Washington, DC, February 25, 1999. curity policy issues. She has done an for the Chinese people. I ask unani- DEAR COLLEAGUE: As the 106th Congress be- outstanding job of meeting the needs of mous consent that the text of the arti- gins,we wish to clarify to all colleagues, pro- the Armed Services Committee, and I cle be printed in the RECORD. cedures governing the use of holds during the new legislative session. All Senators should have come to rely heavily on her ad- There being no objection, the article remember the Grassley and Wyden initia- vice and counsel. was ordered to be printed in the tive, calling for a Senator to ‘‘provide notice Mr. President, Sandi Stuart has also RECORD, as follows: to leadership of his or her intention to object become a good friend, and we will miss [From the Journal of Commerce, Feb. 8, 1999] to proceeding to a motion or matter [and] her. I want to take this opportunity to IMPROVING HUMAN RIGHTS IN CHINA disclose the hold in the Congressional thank her for her service to the coun- (By James A. Dorn) Record.’’ try, and to wish her continued success The use or threat of trade sanctions to ad- While we believe that all Members will in the private sector as she leaves the agree this practice of ‘‘secret holds’’ has vance human rights in China has done rel- been a Senatorial courtesy extended by Department of Defense. atively little to change policy in Beijing. party Leaders for many Congresses, it is our f Congress should consider alternative meas- ures to improve human rights in China. intention to address some concerns raised re- THE VERY BAD DEBT BOXSCORE garding this practice. Trade sanctions are a blunt instrument; Therefore, at the beginning of the first ses- Mr. HELMS. Mr. President, at the they often fail to achieve their objectives sion of the 106th Congress, all Members wish- close of business yesterday, Tuesday, and end up harming the very people they are ing to place a hold on any legislation or ex- March 2, 1999, the federal debt stood at intended to help. In the case of China, placing prohibitively ecutive calendar business shall notify the $5,649,288,631,596.74 (Five trillion, six sponsor of the legislation and the committee high tariffs on Chinese products entering the hundred forty-nine billion, two hun- United States in order to protest Beijing’s of jurisdiction of their concerns. Further, dred eighty-eight million, six hundred written notification should be provided to dismal human rights record would cost U.S. the respective Leader stating their inten- thirty-one thousand, five hundred nine- consumers billions of dollars. tions regarding the bill or nomination. Holds ty-six dollars and seventy-four cents). It would also slow the growth of China’s placed on items by a Member of a personal or One year ago, March 2, 1998, the fed- nonstate sector, which has allowed millions committee staff will not be honored unless eral debt stood at $5,514,791,000,000 of Chinese to move to more productive jobs accompanied by a written notification from outside the reach of the Communist Party. (Five trillion, five hundred fourteen Isolating China would reverse the progress the objecting Senator by the end of the fol- billion, seven hundred ninety-one mil- lowing business day. that has been made since economic reform lion). began in 1978 and would create political and We look forward to working with you to Five years ago, March 2, 1994, the fed- produce a successful new Congress. social instability. A better approach is to continue to open Best regards, eral debt stood at $4,554,852,000,000 China to the outside world and, at the same TRENT LOTT, (Four trillion, five hundred fifty-four time, use non-trade sanctions and diplomacy Majority Leader. billion, eight hundred fifty-two mil- to advance human rights. When China vio- TOM DASCHLE, lion). lates trade agreements or intellectual prop- Democratic Leader. Ten years ago, March 2, 1989, the fed- erty rights, however, it should be held ac- f eral debt stood at $2,743,744,000,000 (Two countable, and carefully targeted trade sanc- trillion, seven hundred forty-three bil- DEPARTURE OF SANDRA STUART tions may be warranted. lion, seven hundred forty-four million). AS ASSISTANT SECRETARY OF The piracy of intellectual property is a se- Fifteen years ago, March 2, 1984, the rious problem for Western firms. China has DEFENSE FOR LEGISLATIVE AF- federal debt stood at $1,468,923,000,000 been a major offender of copyright laws and FAIRS (One trillion, four hundred sixty-eight needs to comply with the rule of law. China’s Mr. LEVIN. Mr. President, last week billion, nine hundred twenty-three mil- membership in the World Trade Organization should be conditioned on Beijing’s adherence the Defense Department and the Con- lion) which reflects a debt increase of gress lost the services of an out- to international law. more than $4 trillion— The problem is that most less-developed standing public servant when Sandi $4,180,365,631,596.74 (Four trillion, one countries, and even some developed coun- Stuart stepped down as the Assistant hundred eighty billion, three hundred tries, violate intellectual property rights. Secretary of Defense for Legislative sixty-five million, six hundred thirty- Using economic sanctions to punish pirates Affairs. one thousand, five hundred ninety-six sounds good in theory, but in practice sanc- For the last six years, beginning in dollars and seventy-four cents) during tions are seldom effective. 1993, Sandi Stuart has served as the the past 15 years. The real solution to piracy may have to senior legislative advisor to three Sec- wait for technological changes that make it f very costly to steal intellectual property. retaries of Defense—our former col- And it may have to wait for the rule of law league the late Les Aspin; Dr. Bill IMPROVING HUMAN RIGHTS IN CHINA to evolve in China and other less-developed Perry; and the current Secretary of De- countries. fense Bill Cohen. During this time she Mr. ABRAHAM. I would like to call As China develops its own intellectual has earned a well-deserved reputation to the attention of my colleagues an property, there will be a demand for new as a skilled legislative strategist and article on ‘‘Improving Human Rights in laws to protect property rights. The uncer- an effective spokesperson for the Sec- China’’ written by Jim Dorn, vice tainty created by China’s failure to protect retary of Defense and for the interests president for academic affairs at the these rights can only harm China in the long run. Investors will not enter a market if of the men and women in uniform and Cato Institute. Dorn advocates that they cannot reap most of the benefits of their families. Congress return to legislation ‘‘de- their investments. At the same time, because of her ex- signed to change China’s stand on Fan Gang, an economist at the Chinese tensive experience over almost 15 years human rights and to liberate the Chi- Academy of Social Sciences, predicts that in senior staff positions in the House of nese people from religious and political things will change in China as people dis- Representatives, Sandi had tremendous persecution.’’ This call is particularly cover that clearly defined and enforced prop- credibility on Capitol Hill as someone timely given the most recent wave of erty rights are to their advantage. People, he said, ‘‘are bound to find that all who understood how Congress worked. repression against those inside China this cheating and protecting yourself from She knew that to be successful working who seek to widen freedom and polit- being cheated consume too much time and with Congress—particularly in the area ical discourse in that country. Higher energy, and that the best way to do business of national security policy—requires an taxes in the form of higher tariffs is is playing by a set of mutually respected ability to work closely with members not the answer, as Dorn points out. rules. New rules and laws will be passed, and and staff on both sides of the aisle. She However, that does not mean America people will be ready to abide by them.’’ did that very well, and leaves the De- and the U.S. Congress, and, indeed, the The United States has considerable lever- fense Department with the respect and President, should not be strongly advo- age in dealing with China and should not let it dictate U.S. foreign policy or allow human gratitude of Democratic and Repub- cating the rule of law and respect for rights to be a nonissue. lican members and staff alike. political dissent in China. I recommend The United States is China’s largest export Mr. President, I have worked closely Jim Dorn’s piece to my colleagues and market, and U.S. investors rank third in with Sandi Stuart for the past six encourage continued vigilance in the terms of foreign direct investment in China.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2207 Clearly China would be harmed by any sig- The message also announced that expenditures of countries receiving U.S. as- nificant cutback in trade with an investment pursuant to the provisions of section sistance in 1998; to the Committee on Appro- from the United States. 6(b) of the National Foundation on the priations. The problem is that any sizable cutback EC–1969. A communication from the Dep- would also harm the United States and the Arts and the Humanities Act of 1965, as uty Associate Director for Royalty Manage- world economy. amended by section 346(e) of Public ment, Minerals Management Service, De- To avoid the high costs (and low probable Law 105–83, the Speaker appoints the partment of the Interior, transmitting, pur- benefits) that stem from the use of trade following Member of the House to the suant to law, a notice of proposed refunds or sanctions, Congress should consider using National Council on the Arts: Mr. recoupments of offshore lease revenues dated February 17, 1999; to the Committee on En- non-trade sanctions such as cutting of the BALLENGER of North Carolina. flow of taxpayer-financed aid to China—in- ergy and Natural Resources. The message further announced that EC–1970. A communication from the Under cluding aid from the International Monetary the provisions of subsection (c)(3) of Funds, the World Bank, and the Asian Devel- Secretary of Defense (Comptroller), trans- opment Bank. the Trade Deficit Review Commission mitting, pursuant to law, certification that Another possible non-trade sanction is Act (division A, Public Law 105–277), the Future Years Defense Program fully making public the names of companies the Speaker appoints the following per- funds the support costs of the E–2C ‘‘Hawk- known to be using prison labor or companies son on the part of the House to the eye’’ multiyear procurement program; to the run by the People’s Liberation Army so that Committee on Armed Services. Trade Deficit Review Commission: Mrs. EC–1971. A communication from the Direc- U.S. consumers can boycott their products. Carla Anderson Hills of Washington, The China Sanctions and Human Rights tor of the Office of Regulatory Management Advancement Act, S. 810, introduced in the D.C. and Information, Environmental Protection Agency, transmitting, pursuant to law, the 105th Congress by Sen. Spencer Abraham, R- f report of a rule entitled ‘‘Pyriproxyfen; Pes- Mich., lists those and other measures de- ticide Tolerances for Emergency Exemp- signed to move China toward a free society. MEASURES REFERRED tions’’ (FRL6062–4) received on February 22, The 106th Congress should return to that The following bills were read the first 1999; to the Committee on Agriculture, Nu- and other legislation designed to change Chi- and second times by unanimous con- trition, and Forestry. na’s stand on human rights and to liberate sent and referred as indicated: EC–1972. A communication from the Chief the China people from religious and political of the Regulations Unit, Internal Revenue H.R. 221. An act to amend the Fair Labor prosecution. Service, Department of the Treasury, trans- Standards Act of 1938 to permit certain (The passage of H.R. 2647, one of four mitting, pursuant to law, the report of a rule youth to perform certain work with wood ‘‘Freedom of China’’ bills enacted by the entitled ‘‘Election in Respect of Losses At- products; to the Committee on Health, Edu- 105th Congress as part of the 1999 Defense tributable to a Disaster’’ (Rev. Rul. 99–13) re- Authorization Act, is a step in the right di- cation, Labor, and Pensions. ceived on February 22, 1999; to the Com- rection. That bill requires publication of the H.R. 514. An act to amend the Communica- mittee on Finance. names of PLA-run companies operating in tions Act of 1934 to strengthen and clarify EC–1973. A communication from the Assist- the United States.) prohibitions on electronic eavesdropping, ant Legal Adviser for Treaty Affairs, Depart- Congess should recognize that advancing and for other purposes; to the Committee on ment of State, transmitting, pursuant to economic freedom in China has had positive Commerce, Science, and Transportation. law, a list of international agreements other effects on the growth of China’s civil society H.R. 609. An act to amend the Export Apple than treaties entered into by the United and on personal freedom. and Pear Act to limit the applicability of the States (99–14 to 99–18); to the Committee on According to Chinese dissident Wang Dan, Act to apples; to the Committee on Banking, Foreign Relations. ‘‘Economic change does influence political Housing, and Urban Affairs. EC–1974. A communication from the Gen- change. China’s economic development will H.R. 669. An act to amend the Peace Corps eral Counsel of the Federal Emergency Man- be good for the West as well as for the Chi- Act to authorize appropriations for fiscal agement Agency, transmitting, pursuant to nese people.’’ years 2000 through 2003 to carry out that Act, law, the report of a rule entitled ‘‘Changes in f and for other purposes; to the Committee on Flood Elevation Determination’’ (64 FR7107) Foreign Relations. received on February 22, 1999; to the Com- MESSAGES FROM THE HOUSE H.R. 818. An act to amend the Small Busi- mittee on Banking, Housing, and Urban Af- At 1:17 p.m., a message from the ness Act to authorize a pilot program for the fairs. implementation of disaster litigation meas- EC–1975. A communication from the Gen- House of Representatives, delivered by eral Counsel of the Federal Emergency Man- Mr. Hays, one of its reading clerks, an- ures by small business; to the Committee on Small Business. agement Agency, transmitting, pursuant to nounced that the House has passed the H.J. Res. 32. Joint resolution expressing law, the report of a rule entitled ‘‘Final following bills and joint resolution, in the sense of the Congress that the President Flood Elevation Determinations’’ (64 FR7109) which it requests the concurrence of and Congress should join in undertaking the received on February 22, 1999; to the Com- the Senate: Social Security Guarantee Initiative to mittee on Banking, Housing, and Urban Af- strengthen the Social Security program and fairs. H.R. 221. An act to amend the Fair Labor EC–1976. A communication from the Gen- protect the retirement income security of all Standards Act of 1938 to permit certain eral Counsel of the Federal Emergency Man- Americans for the 21st century; to the Com- youth to perform certain work with wood agement Agency, transmitting, pursuant to products. mittee on Finance. law, the report of a rule entitled ‘‘Changes in H.R. 514. An act to amend the Communica- f Flood Elevation Determination’’ (Docket tions Act of 1934 to strengthen and clarify FEMA7272) received on February 22, 1999; to prohibitions on electronic eavesdropping, MEASURE PLACED ON THE the Committee on Banking, Housing, and and for other purposes. CALENDAR Urban Affairs. H.R. 609. An act to amend the Export Apple EC–1977. A communication from the Man- and Pear Act to limit the applicability of the The following bills were read the sec- aging Director of the Federal Housing Fi- Act to apples. ond time and placed on the calendar: nance Board, transmitting, pursuant to law, H.R. 669. An act to amend the Peace Corps H.R. 350. An act to improve congressional the report of a rule entitled ‘‘Revisions to Act to authorize appropriations for fiscal deliberations on proposed Federal private the Freedom of Information Act Regulation’’ years 2000 through 2003 to carry out that Act, sector mandates, and for other purposes. (RIN3069–AA71) received on February 22, 1999; and for other purposes. S. 508. A bill to prohibit implementation of to the Committee on Banking, Housing, and H.R. 818. An act to amend the Small Busi- ‘‘Know Your Customer’’ regulations by the Urban Affairs. ness Act to authorize a pilot program for the Federal banking agencies. EC–1978. A communication from the Sec- implementation of disaster mitigation meas- retary of Transportation, transmitting, pur- ures by small business. f suant to law, the Department’s annual re- H.R. 882. An act to nullify any reservation EXECUTIVE AND OTHER port under the Superfund Amendments and of funds during fiscal year 1999 for guaran- Reauthorization Act for fiscal year 1998; to teed loans under the Consolidated Farm and COMMUNICATIONS the Committee on Environment and Public Rural Development Act for qualified begin- The following communications were Works. ning farmers or ranchers, and for other pur- laid before the Senate, together with EC–1979. A communication from the Direc- poses. accompanying papers, reports, and doc- tor of the Office of Regulatory Management H.J. Res. 32. Joint resolution expressing and Information, Environmental Protection the sense of the Congress that the President uments, which were referred as indi- Agency, transmitting, pursuant to law, the and the Congress should join in undertaking cated: report of a rule entitled ‘‘Approval and Pro- the Social Security Guarantee Initiative to EC–1968. A communication from the Assist- mulgation of Implementation Plans: Revi- strengthen the Social Security program and ant Secretary for Legislative Affairs, De- sions to the Alabama Department of Envi- protect the retirement income security of all partment of State, transmitting, pursuant to ronmental Management (ADEM) Adminis- Americans for the 21st century. law, the Department’s report on the military trative Code for the Air Pollution Control

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2208 CONGRESSIONAL RECORD — SENATE March 3, 1999 Program’’ (FRL6236–1) received on February EC–1993. A communication from the Chair- ing Sea and Aleutian Islands Management 22, 1999; to the Committee on Environment man of the Council of the District of Colum- Area’’ (I.D. 020999B) received on February 17, and Public Works. bia, transmitting, pursuant to law, a report 1999; to the Committee on Commerce, EC–1980. A communication from the Direc- on D.C. Act 12–607, ‘‘Health Benefits Plan Science, and Transportation. tor of the Office of Regulatory Management Members Bill of Rights Act of 1998’’; to the EC–2004. A communication from the Acting and Information, Environmental Protection Committee on Governmental Affairs. Director of the Office of Sustainable Fish- Agency, transmitting, pursuant to law, the EC–1994. A communication from the Chair- eries, National Marine Fisheries Service, De- report of a rule entitled ‘‘Michigan: Final man of the Council of the District of Colum- partment of Commerce, transmitting, pursu- Authorization of State Hazardous Waste bia, transmitting, pursuant to law, a report ant to law, the report of a rule entitled Management Program Revision’’ (FRL6236–2) on D.C. Act 12–586, ‘‘Sex Offender Registra- ‘‘Fisheries of the Exclusive Economic Zone received on February 22, 1999; to the Com- tion Risk Assessment Clarification Amend- Off Alaska; Pollock by Vessels Catching Pol- mittee on Environment and Public Works. ment Act of 1998’’; to the Committee on Gov- lock for Processing by the Mothership Com- EC–1981. A communication from the Direc- ernmental Affairs. ponent in the Bering Sea Subarea’’ (I.D. tor of the Office of Congressional Affairs, Nu- EC–1995. A communication from the Chair- 021799A) received on February 22, 1999; to the clear Regulatory Commission, transmitting, man of the Council of the District of Colum- Committee on Commerce, Science, and pursuant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report Transportation. ‘‘Changes to Quality Assurance Programs’’ on D.C. Act 12–576, ‘‘Closing of a Public Alley EC–2005. A communication from the Acting Director of the Office of Sustainable Fish- (RIN3150–AG20) received on February 22, 1999; in Square 371, S.O. 96–202, Act of 1998’’; to the eries, National Marine Fisheries Service, De- to the Committee on Environment and Pub- Committee on Governmental Affairs. partment of Commerce, transmitting, pursu- lic Works. EC–1996. A communication from the Chair- EC–1982. A communication from the Ad- man of the Council of the District of Colum- ant to law, the report of a rule entitled ministrator of the U.S. General Services Ad- bia, transmitting, pursuant to law, a report ‘‘Fisheries of the Exclusive Economic Zone ministration, transmitting, pursuant to law, on D.C. Act 12–576, ‘‘Establishment of Coun- Off Alaska; Pollock in Statistical Area 620 of the Report of Activities required by the Ar- cil Contract Review Criteria, Alley Closing, the Gulf of Alaska’’ (I.D. 021699B) received on chitectural Barriers Act for 1988; to the Com- Budget Support, and Omnibus Regulatory February 22, 1999; to the Committee on Com- mittee on Environment and Public Works. Reform Amendment Act of 1998’’; to the merce, Science, and Transportation. EC–2006. A communication from the Direc- EC–1983. A communication from the Mem- Committee on Governmental Affairs. tor of the Bureau of Economic Analysis, De- bers of the Railroad Retirement Board, EC–1997. A communication from the Chair- partment of Commerce, transmitting, pursu- transmitting, pursuant to law, the Board’s man of the Council of the District of Colum- ant to law, the report of a rule entitled ‘‘Di- annual report under the Government in the bia, transmitting, pursuant to law, a report rect Investment Surveys: Raising Exemption Sunshine Act for calendar year 1998; to the on D.C. Act 12–380, ‘‘Assault on an Inspector Level for Annual Survey of Foreign Direct or Investigator and Revitalization Corpora- Committee on Governmental Affairs. Investment in the United States’’ (RIN0691– EC–1984. A communication from the Sec- tion Amendment Act of 1998’’; to the Com- AA32) received on February 24, 1999; to the retary of Defense, transmitting notice of a mittee on Governmental Affairs. Committee on Commerce, Science, and EC–1998. A communication from the Chair- routine military retirement in the Navy; to Transportation. the Committee on Armed Services. man of the Council of the District of Colum- EC–2007. A communication from the Asso- EC–1985. A communication from the Comp- bia, transmitting, pursuant to law, a report ciate Managing Director for Performance troller General of the United States, trans- on D.C. Act 12–609, ‘‘Comprehensive Plan Evaluation and Records Management, Fed- mitting, pursuant to law, the Comptroller Amendment Act of 1998’’; to the Committee eral Communications Commission, transmit- General’s Annual Report for fiscal year 1998; on Governmental Affairs. ting, pursuant to law, the report of a rule en- to the Committee on Governmental Affairs. EC–1999. A communication from the Sec- titled ‘‘Policies and Rules for Alternative In- EC–1986. A communication from the Comp- retary of Transportation, transmitting, pur- centive Based Regulation of Comsat Cor- troller General of the United States, trans- suant to law, notice that on January 31, 1999, poration’’ (Docket 98–60) received on Feb- mitting, pursuant to law, a list of General the Deputy Director of Intermodalism, and ruary 22, 1998; to the Committee on Com- Accounting Office reports issued or released first assistant to the Associate Deputy Sec- merce, Science, and Transportation. in January 1999; to the Committee on Gov- retary, was Designated to serve in the va- EC–2008. A communication from the Asso- ernmental Affairs. cant Associate Deputy Secretary position in ciate Managing Director for Performance EC–1987. A communication from the Chair- an acting capacity; to the Committee on Evaluation and Records Management, Fed- man of the Council of the District of Colum- Commerce, Science, and Transportation. eral Communications Commission, transmit- bia, transmitting a report on D.C. Act 12–633, EC–2000. A communication from the Sec- ting, pursuant to law, the report of a rule en- ‘‘Closing of Public Alleys in Square 51, S.O. retary of Transportation, transmitting, a titled ‘‘Table of Allotments, FM Broadcast 98–145, Temporary Act of 1999’’; to the Com- draft of proposed legislation entitled ‘‘The Stations (Sheridan, Wyoming and Colstrip, mittee on Governmental Affairs. Hazardous Material Transportation Safety Montana’’ (Docket 98–134) received on Feb- EC–1988. A communication from the Chair- Reauthorization Act’’; to the Committee on ruary 22, 1998; to the Committee on Com- man of the Council of the District of Colum- Commerce, Science, and Transportation. merce, Science, and Transportation. bia, transmitting, pursuant to law, a report EC–2001. A communication from the Dep- EC–2009. A communication from the Asso- on D.C. Act 12–574, ‘‘Home Purchase Assist- uty Assistant Administrator for Fisheries, ciate Managing Director for Performance ance Step Up Fund Act of 1998’’; to the Com- National Marine Fisheries Service, Depart- Evaluation and Records Management, Fed- mittee on Governmental Affairs. ment of Commerce, transmitting, pursuant eral Communications Commission, transmit- EC–1989. A communication from the Chair- to law, the report of a rule entitled ‘‘Fish- ting, pursuant to law, the report of a rule en- man of the Council of the District of Colum- eries of the Northeastern United States; titled ‘‘Table of Allotments, FM Broadcast bia, transmitting, pursuant to law, a report American Lobster Fishery; Fishery Manage- Stations (St. Marys, West Virginia)’’ (Docket on D.C. Act 12–631, ‘‘Annuitants’ Health and ment Plan (FMP) Amendments to Achieve 97–245) received on February 22, 1998; to the Life Insurance Employer Contribution Tem- Regulatory Consistency on Permit Related Committee on Commerce, Science, and porary Amendment Act of 1999’’; to the Com- Provisions for Vessels Issued Limited Access Transportation. mittee on Governmental Affairs. Federal Fishery Permits’’ (I.D. 100798B) re- EC–2010. A communication from the Asso- EC–1990. A communication from the Chair- ceived on February 22, 1999; to the Com- ciate Managing Director for Performance man of the Council of the District of Colum- mittee on Commerce, Science, and Transpor- Evaluation and Records Management, Fed- bia, transmitting, pursuant to law, a report tation. eral Communications Commission, transmit- on D.C. Act 12–632, ‘‘Bethea-Welch Post 7284, EC–2002. A communication from the Direc- ting, pursuant to law, the report of a rule en- Veterans of Foreign Wars Equitable Real tor of the Office of Sustainable Fisheries, titled ‘‘Table of Allotments, FM Broadcast Property Tax Relief Temporary Act of 1999’’; National Marine Fisheries Service, Depart- Stations (Dayton, Washington and Weston, to the Committee on Governmental Affairs. ment of Commerce, transmitting, pursuant Oregon’’ (Docket 98–90) received on February EC–1991. A communication from the Chair- to law, the report of a rule entitled ‘‘Fish- 22, 1998; to the Committee on Commerce, man of the Council of the District of Colum- eries of the Exclusive Economic Zone Off Science, and Transportation. EC–2011. A communication from the Chair- bia, transmitting, pursuant to law, a report Alaska; Pollock in Statistical Area 610 of the man of the Federal Maritime Commission, on D.C. Act 12–629, ‘‘TANF-related Medicaid Gulf of Alaska’’ (I.D. 012999B) received on transmitting, pursuant to law, the report of Managed Care Program Technical Clarifica- February 17, 1999; to the Committee on Com- a rule entitled ‘‘Marine Terminal Operator tion Temporary Amendment Act of 1999’’; to merce, Science, and Transportation. Schedules’’ (Docket 98–27) received on Feb- the Committee on Governmental Affairs. EC–2003. A communication from the Acting ruary 22, 1999; to the Committee on Com- EC–1992. A communication from the Chair- Director of the Office of Sustainable Fish- merce, Science, and Transportation. man of the Council of the District of Colum- eries, National Marine Fisheries Service, De- bia, transmitting, pursuant to law, a report partment of Commerce, transmitting, pursu- f on D.C. Act 12–628, ‘‘Advisory Neighborhood ant to law, the report of a rule entitled INTRODUCTION OF BILLS AND Commissions Management Control and ‘‘Fisheries of the Exclusive Economic Zone JOINT RESOLUTIONS Funding Temporary Amendment Act of Off Alaska; Pollock by Vessels Catching Pol- 1999’’; to the Committee on Governmental lock for Processing by the Mothership Com- The following bills and joint resolu- Affairs. ponent in the Bering Sea Subarea of the Ber- tions were introduced, read the first

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2209 and second time by unanimous con- incorporate the preamble to the Constitution vada. In 1950 he entered politics and sent, and referred as indicated: of the United States, the Bill of Rights, and was elected district attorney in Reno. a list of the Articles of the Constitution on By Mr. REID (for himself and Mr. As District Attorney he compiled an the reverse side of such currency; to the BRYAN): impressive prosecution record and S. 513. A bill to designate the new hospital Committee on Banking, Housing, and Urban Affairs. founded the National District Attorney bed replacement building at the Ioannis A. Association. Lougaris Department of Veterans Affairs By Mr. GRAHAM (for himself, Mr. Medical Center in Reno, Nevada, in honor of GRASSLEY, Mr. DEWINE, Mr. During the next 43 years of private Jack Streeter; to the Committee on Vet- TORRICELLI, Mrs. HUTCHISON, and Mr. legal practice, jack specialized in busi- erans Affairs. KERREY): ness law representing a variety of dif- By Mr. COCHRAN: S. 526. A bill to amend the Internal Rev- ferent enterprises. He was active in S. 514. A bill to improve the National Writ- enue Code of 1986 to allow issuance of tax-ex- many civic groups serving as president empt private activity bonds to finance pub- ing Project; to the Committee on Health, of the Nevada State Jaycees, Sertoma Education, Labor, and Pensions. lic-private partnership activities relating to By Mr. AKAKA (for himself, Mr. SMITH school facilities in public elementary and Club, Reno Navy League, and Chair- of New Hampshire, Mr. REID, Mrs. secondary schools, and for other purposes; to man of the Commissioning Committee FEINSTEIN, Mr. LEVIN, Mr. LAUTEN- the Committee on Finance. for the U.S.S. Nevada trident sub- BERG, Mr. TORRICELLI, and Mr. SCHU- By Mr. HATCH: marine. MER): S. 527. A bill to amend the Harmonized Jack is on the boards of directors of S. 515. A bill to amend the Packers and Tariff Schedule of the United States to sus- the Society of the First Infantry Divi- Stockyards Act of 1921, to make it unlawful pend temporarily the duty with respect to for any stockyard owner, market agency, or the personal effects of participants in cer- sion, the University of Nevada Founda- dealer to transfer or market nonambulatory tain athletic events; to the Committee on Fi- tion, Saint Mary’s Hospital Founda- livestock, and for other purposes; to the nance. tion, and he is a Knight of Malta. He Committee on Agriculture, Nutrition, and By Mr. SPECTER: also serves as the president of the Forestry. S. 528. A bill to provide for a private right World Association of Lawyers. By Mr. THOMAS: of action in the case of injury from the im- Veterans in northern Nevada have S. 516. A bill to benefit consumers by pro- portation of certain dumped and subsidized long needed this new wing to their VA moting competition in the electric power in- merchandise; to the Committee on Finance. dustry, and for other purposes; to the Com- Medical Center and it is only fitting mittee on Energy and Natural Resources. f that it be named in honor of Nevada’s By Mr. GRAHAM (for himself, Mr. STATEMENTS ON INTRODUCED most decorated veteran from World CHAFEE, Ms. MIKULSKI, Mr. DEWINE, BILLS AND JOINT RESOLUTIONS War II. and Mr. ROBB): The new facility I am requesting be S. 517. A bill to assure access under group By Mr. REID (for himself and Mr. health plans and health insurance coverage BRYAN): named in honor of Jack Streeter is lo- to covered emergency medical services; to S. 513. A bill to designate the new cated in the complex known as the the Committee on Health, Education, Labor, hospital bed replacement building at Ioannis A. Lougaris Va Medical Center. and Pensions. the Ioannis A. Lougaris Department of Mr. Lougaris was the first living indi- By Mr. ABRAHAM: Veterans Affairs Medical Center in vidual to have a VA Medical Center S. 518. A bill for the relief of Patricia E. named in his honor. Krieger of Port Huron, Michigan; to the Reno, Nevada, in honor of Jack Street- Committee on the Judiciary. er; to the Committee on Veterans’ Af- Before World War II, John Lougaris By Mr. BIDEN: fairs. remembered the veterans of World War S. 519. A bill to direct the Secretary of the IOANIS A. LOUGARIS DEPARTMENT OF VETERANS I and the lack of medical aid, espe- Interior to make corrections to a map relat- AFFAIRS MEDICAL CENTER cially in Nevada. As a National Execu- ing to the Coastal Barrier Resources System; Mr. REID. Mr. President, I rise today tive Committeeman from Nevada, he to the Committee on Energy and Natural Re- made many trips to Washington, DC, sources. to introduce a bill to designate the new By Mr. DURBIN: hospital bed replacement building at sixteen of them at his own expense, en- S. 520. A bill for the relief of Janina the Ioannis A. Lougaris Medical Center deavoring to get a Veterans Hospital Altagracia Castillo-Rojas and her husband, in Reno, Nevada, in honor of Mr. Jack established in Reno. Diogenes Patricio Rojas; to the Committee Streeter. The first success was a 26-bed unit, on the Judiciary. Jack Streeter is Nevada’s most deco- built in 1939 with a $100,000 federal By Mr. LEAHY (for himself, Mr. CAMP- grant. In 1944, John’s efforts led to in- BELL, Mr. SCHUMER, Mr. FEINGOLD, rated veteran from World War II. He creasing the facility to 125 beds. He did and Mr. TORRICELLI): was born on December 1, 1921 in Ely, S. 521. A bill to amend part Y of title I of Nevada. For his valiant service, he was not stop working and today the Reno the Omnibus Crime Control and Safe Streets awarded five Silver Stars, five Purple VA Medical Center which bears his Act of 1968 to provide for a waiver of or re- Hearts and the two Bronze Stars. He honorable name, serves Nevada’s vet- duction in the matching funds requirement was a combat infantryman and served erans well as a 107 bed facility which in the case of fiscal hardship; to the Com- with the 1st Infantry Division (Big Red includes a 60 bed nursing home facility mittee on the Judiciary. and 12 intensive care unit beds. The By Mr. LAUTENBERG (for himself, One). He left the service as a captain, Mr. TORRICELLI, Mrs. BOXER, Mr. LIE- U.S. Army. new bed replacement facility, which BERMAN, and Mrs. FEINSTEIN): Mr. Streeter has an incredible life the bill I am offering today seeks to S. 522. A bill to amend the Federal Water history of business and professional name after Jack Streeter, was built at Pollution Control Act to improve the quality success. Mr. Streeter is an attorney at the cost of $27 million and brings this of beaches and coastal recreation water, and law, practicing for over forty years in hospital to a modern day standard. for other purposes; to the Committee on En- In recognition of John Lougaris’s de- vironment and Public Works. the State of Nevada. By Mr. INOUYE (for himself and Mr. Jack graduated from the University votion, deep interest, and untiring ef- AKAKA): of Nevada Reno in 1943, where upon forts in the development of a hospital S. 523. A bill to amend the Internal Rev- after completing Officer Candidate to serve veterans in Nevada and North- enue Code of 1986 to treat certain hospital School at Fort Benning, Georgia, he ern California, the Congress of the support organizations as qualified organiza- entered the U.S. Army as a second lieu- United States, by Public Law 97–66, re- tions for purposes of section 514(c)(9); to the tenant. He saw combat throughout Eu- dedicated the Reno VA Medical Center Committee on Finance. as the Ioannis A. Lougaris VA Medical By Mr. INOUYE: rope in the Second World War in such S. 524. A bill to amend the Organic Act of places as the Normandy invasion on D- Center on December 17, 1981. Guam to provide restitution to the people of Day, the Battle of the Bulge, the St. Lo It was certainly a well deserved ges- Guam who suffered atrocities such as per- Breakthrough, Battle of Mortain, Bat- ture when Congress designated the VA sonal injury, forced labor, forced marches, tle of Mons, Battle of Aaachen, and the Medical Center in honor of Ioannis A. internment, and death during the occupation Battle of Hurtgen Forest. Lougaris. It would now be equally fit- of Guam in World War II, and for other pur- After leaving the Army in 1945, Jack ting to name the new hospital wing in poses; to the Committee on the Judiciary. By Mr. WARNER: attended Hastings Law School in San honor of Mr. Jack Streeter for his out- S. 525. A bill to require the Secretary of Francisco, California, graduating in standing record of service to this Na- the Treasury to redesign the $1 bill so as to 1948. He returned to practice law in Ne- tion.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2210 CONGRESSIONAL RECORD — SENATE March 3, 1999 Mr. BRYAN. Mr. President, I am Health, Education, Labor, and Pen- By Mr. AKAKA (for himself, Mr. proud to join with my friend and col- sions. SMITH of New Hampshire, Mr. league from Nevada, Senator REID, in LEGISLATION TO REAUTHORIZE THE NATIONAL REID, Mrs. FEINSTEIN, Mr. introducing this important legislation WRITING PROJECT LEVIN, Mr. LAUTENBERG, Mr. today to honor an individual whose ex- Mr. COCHRAN. Mr. President, today, TORRICELLI, and Mr. SCHUMER): traordinary military service record and I am introducing legislation to reau- S. 515. A bill to amend the Packers faithful commitment to his community thorize the National Writing Project, and Stockyards Act of 1921, to make it warrants special recognition. the only Federal program to improve unlawful for any stockyard owner, As Senator REID has explained, in the the teaching of writing in America’s market agency, or dealer to transfer or next few months a new wing will be classrooms. market nonambulatory livestock, and Literacy is at the foundation of dedicated at the Ioannis A. Lougaris for other purposes; to the Committee school and workspace success, of citi- VA Medical Center in Reno, Nevada. on Agriculture, Nutrition, and For- zenship in a democracy, and of learning This five-story, 110-bed tower is a wel- estry. come addition to the Reno VAMC, and in all disciplines. The National Writing will provide veterans in northern Ne- Project has been instrumental in help- DOWNED ANIMAL PROTECTION ACT vada with the modern facilities and ing teachers develop better teaching Mr. AKAKA. Mr. President, today I quality inpatient care they so clearly skills so they can help our children im- am introducing the Downed Animal deserve. The purpose of the legislation prove their ability to read, write, and Protection Act, a bill to eliminate in- we are introducing today is to name think. humane and improper treatment of As the United States continues to that new wing after Mr. Jack Streeter, downed animals at stockyards. The leg- face a crisis in wiring in school height- an individual whose lifetime is islation prohibits the sale or transfer ened by the growing number of at-risk hallmarked by his exemplary service of downed animals unless they have record, his steadfast dedication to the students due to limited English pro- ficiency and the shortage of adequately been humanely euthanized. veterans community and his leadership Downed animals are severely dis- in numerous charitable and nonprofit trained teachers, continued Federal support for a program that works such tressed recumbent animals that are too organization. sick to rise or move on their own. Once I have had the opportunity to know as the National Writing Project is im- an animal becomes immobile, it must Jack for many years now, dating back perative. The National Writing Project is a na- remain where it has fallen, often with- to my tenure as governor of Nevada. tional network of university-based out receiving the most basic assist- Anyone who has come into contact teacher training programs designed to ance. Downed animals that survive the with Jack Streeter, and who had the improve the teaching of writing and stockyard are slaughtered for human occasion to talk with Jack and learn student achievement in writing. consumption. more about his experiences, can under- Through its professional development stand and appreciate what an extraor- These animals are extremely dif- model, the National Writing Project ficult, if not impossible, to handle hu- dinary individual this man is. recognizes the primary importance of Jack Streeter’s military service manely. They have very demanding teacher knowledge, expertise, and lead- needs, and must be fed and watered in- record is quite well known in the state ership. The National Writing Project dividually. The suffering of downed of Nevada. He is, in fact, the most operates on a teachers-teaching teach- animals is so severe that the only hu- decorated World War Two veteran in ers model. Successful writing teachers mane solution to their plight is imme- Nevada, having earned five Purpose attend Invitational Summer Institutes diate euthanasia. Hearts, five Silver Stars, and two at their local universities. During the Bronze Stars in the European Theater. school year these teachers provide Mr. President, the bill I introduce Let me repeat that Mr. President, be- workshops for other teachers in the today requires that these hopelessly cause it truly is an astounding record. schools. sick and injured animals be euthanized Five Purple Hearts, five Silver Stars, Teachers of all subjects benefit from by humane methods that rapidly an ef- and two Bronze Stars. the training, and the success of stu- fectively render animals insensitive to As a young second lieutenant during dents who are taught by Writing pain. Humane euthanasia of downed the war, Jack saw action from the Al- Project teachers is evident: they score animals will limit animal suffering and lied invasion of Normandy to the deci- better not just on writing examina- will encourage the livestock industry sive Battle of the Bulge in the winter tions, but in reading, mathematics, and to concentrate on improved manage- of 1944–45. Upon leaving the service in in other subjects. ment and handling practices to avoid 1946, Mr. Streeter earned a law degree Since 1973, the National Writing this problem. from Hastings Law School in San Fran- Project has served over 1.8 million Downed animals compromise a tiny cisco and later returned to Reno, where teaches and administrators. Each year fraction, less than one-tenth of one he was soon elected as district attor- over 150,000 participants benefit from percent, of animals at stockyards. Ban- ney. He later found the National Dis- the National Writing Project programs ning their sale or transfer would cause trict Attorney Association and partici- in 1 of 156 United States sites located no economic hardship. The Downed pated in numerous civic organizations in 46 States and Puerto Rico. The Na- Animal Protection Act will prompt and foundations. tional Writing Project generates $6.47 stockyards to refuse crippled and dis- Jack Streeter’s distinguished mili- for every Federal dollar. tressed animals, and will make the pre- I am pleased, that for the first time tary service record, coupled with his vention of downed animals a priority since the National Writing Project was unyielding dedication to his commu- for the livestock industry. The bill will authorized for federal funding in 1991, nity, merits the sort of recognition and reinforce the industry’s commitment the President has requested funds to rememberence that this legislation to humane handling of animals. will provide. To all Nevadans who have expand the National Writing Project in had the opportunity to know Jack, he his budget for Fiscal Year 2000. The problem of downed animals has is a friend, a civic leader, and most im- This program has proven to be one of been addressed by major livestock or- portantly, a champion of the commu- the most effective in education today. I ganizations such as the United Stock- nity. am proud to be associated with it, and yards Corp., the Minnesota Livestock I look forward to working with Sen- I compliment those who have made it Marketing Association, the National ator REID and the entire Nevada dele- so successful across the nation. Pork Producers Council, the Colorado gation in passing this proposal and When I first introduced this bill in Cattlemen’s Association, and the Inde- naming this new wing after a true 1990, it was cosponsored by 40 Senators, pendent Cattlemen’s Association of American hero. both Republicans and Democrats. I Texas. All of these organizations have hope it will receive equal or greater taken strong stands against improper By Mr. COCHRAN: support in the 106th Congress. I invite treatment of animals by adopting ‘‘no- S. 514. A bill to improve the National other Senators to join me in spon- downer’’ policies. I want to commend Writing Project; to the Committee on soring this legislation. these and other organizations, as well

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2211 as responsible and conscientious live- low density States with relatively low NAERO, an organization that is man- stock producers throughout the coun- cost power. This bill will protect datory in nature and subject to FERC try, for their efforts to end an appall- States’ rights and allow States max- oversight. Sustaining system reli- ing problem that erodes consumer con- imum latitude to adapt competition to ability is crucial for protecting all fidence. their own individual needs. classes of consumers and such an orga- Despite a strong consensus within in- I believe States are in the best posi- nization can help ensure that power dustry, the animal welfare movement, tion to deal with this complex issue. markets function efficiently. consumers, and government that Although the cost of electricity varies One of the most important aspects of downed animals should not be sent to across the country, electric industry this debate—assuring that universal stockyards, this sad problem con- restructuring can result in lower con- service is maintained—is a critical tinues, causing animal suffering and an sumer prices for everyday goods and function that each state PUC should erosion of public confidence in the in- services, the development of innovative have the ability to oversee and enforce. dustry. new products and services, and a grow- In my legislation, nothing would pro- Mr. President, this legislation will ing, more productive economy. hibit a state from requiring all elec- complement industry effort to address We have spent the last two Con- tricity providers that sell electricity to this problem by encouraging better gresses holding hearings to review the retail customers in that state to pro- care of animals at farms and ranches. state of competition in the electric vide electricity service to all classes Animals with impaired mobility will power industry and discussing numer- and consumers of electric power. All receive better treatment in order to ous pieces of legislation dealing with classes of consumers should have ac- prevent them from becoming incapaci- restructuring. Meanwhile, 20 individual cess to adequate, safe, reliable and effi- tated. The bill will remove the incen- States have passed their own legisla- cient energy services at fair and rea- tive for sending downed animals to tion introducing competition into the sonable prices, as a result of competi- stockyards in the hope of receiving retail electric industry and many other tion. some salvage value for the animals and States are considering such proposals. Mr. President, my proposal will cre- would encourage greater care during According to industry statistics, near- ate greater competition at the whole- loading and transport. The bill will ly 50 percent of all Americans now live sale level by prospectively deregu- also discourage improper breeding in States committed to retail competi- lating wholesale sales of electricity. practices that account for most downed tion. States are clearly taking the We did this in natural gas and it animals. lead—they should continue to have worked—I am confident it will work in My legislation would set a uniform that role—and this bill encourages electricity. Although everyone talks national standard, thereby removing more innovation by affirming States’ about ‘‘deregulating’’ the electricity any unfair advantages that might re- ability to implement retail choice poli- industry, it is really the generation sult from differing standards through- cies. segment that will be deregulated. The out the industry. Furthermore, no ad- It is critical to the welfare of the FERC will continue to regulate trans- ditional bureaucracy will be needed as States that each one have an oppor- mission in interstate commerce, and a consequence of my bill because in- tunity to ready and equip themselves State PUCs will continue to regulate spectors of the Packers and Stockyards for a successful transition to a deregu- retail distribution services and sales. Administration regularly visit stock- lated environment. By learning from When FERC issued Order 888, it al- yards to enforce existing regulations. the States which have already imple- lowed utilities to seek market-based Thus, the additional burden on the mented competition, other states can rates for new generating capacity. This agency and stockyard operators will be take precautions and adopt laws that provision goes a step further and al- insignificant. will best protect them as they adjust lows utilities to purchase wholesale to this new competitive environment. power from existing generation facili- By Mr. THOMAS: With FERC’s Order 888, which created ties, after the date of enactment of this S. 516. A bill to benefit consumers by competitive wholesale power supply Act, at prices solely determined by promoting competition in the electric markets through the availability of market forces. power industry, and for other purposes; non-discriminatory open-access trans- Furthermore, the measure expands to the Committee on Energy and Nat- mission service under tariff, we have FERC authority to require non-public ural Resources. seen at both the State and Federal lev- utilities that own, operate or control THE ELECTRIC UTILITY RESTRUCTURING EM- els that we are now in a critical testing transmission to open their systems. POWERMENT AND COMPETITIVENESS ACT OF period in the implementation of mar- Currently, the Commission cannot re- 1999 (EURECA) ket-based policies. Specifically, we saw quire the Power Marketing Adminis- Mr. THOMAS. Mr. President, I rise the price spikes that occurred last tration (PMAs), the Tennessee Valley today to introduce the Electric Utility summer in the Midwest. After holding Authority (TVA), municipalities and Restructuring Empowerment and Com- a hearing on the subject, the experts cooperatives which own transmission petitiveness Act of 1999. This legisla- agreed that we are indeed in a transi- to provide wholesale open access trans- tion empowers the states to restruc- tion period. Although no one could mission service. Since approximately ture their electric industries at the point to one specific reason for the oc- 22 percent of all transmission is beyond rate and in the way they decide. My currence, and many were suggested, all open access authority, requiring these legislation imposes no ‘‘retail choice seemed to agree for the need of na- non-public utilities to provide this mandate’’ or deadline on the States so tional reliability standards. service will help ensure that a true as to fully allow the best market ideas Traditionally, reliability of the wholesale power market exists. and approaches to occur. As well, transmission system was managed by a One of the key elements of this meas- EURECA removes Federal impedi- voluntary, industry-led organization ure is streamlining and modernizing ments to competition and deregulates known as the North American Electric the Public Utility Regulatory Policies and streamlines the industry. Reliability Council. We have added Act of 1978 (PURPA) and the Public My bill gives the States the leading many new players to the transmission Utility Holding Company Act of 1935 role in implementing competition in grid, making for an increasingly decen- (PUHCA). While both of these initia- the electric power industry. This ap- tralized and competitive U.S. elec- tives were enacted with good inten- proach contrasts with the bills intro- tricity industry. And, as determined by tions, there is widespread belief that duced in the House and Senate last a recently issued DOE Task Force Re- the Acts have fulfilled their original Congress that required competition na- port, ‘‘the old institutions of reliability obligations and have outlived their tionwide by a date certain. A Federal are no longer sufficient.’’ I have added usefulness. mandate on the States requiring retail a section on reliability to my legisla- My bill amends Section 210 of competition by a date certain is not in tion. The industry collectively came up PURPA on a prospective basis. Current the best interest of all classes of con- with a legislative proposal that would PURPA contracts would continue to be sumers. I am concerned such an ap- transform NERC from a voluntary sys- honored and upheld. However, upon en- proach would cause increased prices for tem of reliability management to actment of this legislation, a utility

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2212 CONGRESSIONAL RECORD — SENATE March 3, 1999 that begins operating would not be re- CHAFEE, ROBB, and MIKULSKI, to intro- range for an alternative treatment quired to enter into a new contract or duce the Emergency Medical Services plan that allows the health plan to as- obligation to purchase electricity Act of 1999. Americans today are rou- sume care of the patient after sta- under Section 210 of PURPA. tinely denied coverage by their man- bilization. For instance, the plan may With regard to PUHCA, I’ve included aged care plans for visits to the emer- recommend that the patient by trans- Senators SHELBY’s and DODD’s ‘‘Public gency department for legitimate emer- ferred to an in-network hospital, or it Utility Holding Company Act of 1999.’’ gency medical conditions. This legisla- may agree to cover the tests rec- This language is identical to the bipar- tion establishes a national definition, ommended by the emergency room tisan legislation reported by the Com- known as the prudent layperson stand- physician. mittee on Banking, Housing, and ard, for the purposes of receiving emer- Our legislation has been strongly en- Urban Affairs in the 105th Congress. gency room treatment. The Balanced dorsed by Kaiser Permanente, one of Under this proposal, PUHCA would be Budget Act of 1997 applied this defini- our nation’s oldest, largest, and most repealed. Furthermore, all books and tion to the Medicaid and Medicare pro- respected managed care plans, and the records of each holding company and grams. The proposal would simply en- American College of Emergency Physi- each associate company would be sure that all private health plans af- cians. The legislation has also received transferred to the Securities and Ex- ford their consumers the same kinds of the strong support of the American Os- change Commission (SEC)—which cur- protections available to Medicaid and teopathic Association, the Federation rently has jurisdiction over the 19 reg- Medicare beneficiaries. of American Health Systems, and the istered holding companies—to FERC. Mr. President, current law places pa- National Council of Senior Citizens, This allows energy regulators, who tients in the unreasonable position of among many others. truly know the industry to oversee the fearing that payment for emergency I would ask that my colleagues join operations of these companies and re- room visits will be denied even when us in supporting this important legisla- view acquisitions and mergers. These conditions appear to both the patient tion. consumer protections are an important and emergency room personnel to re- part of PUHCA reform. quire urgent treatment. For example, a By Mr. DURBIN: Mr. President, an issue that must be patient who is experiencing chest pains S. 520. A bill for the relief of Janina resolved in order for a true competitive and believes that she is having a heart Altagracia Castillo-Rojas and her hus- environment to exist is that of utilities attack may not be covered by a health band, Diogenes Patricio Rojas; to the receiving ‘‘subsidies’’ by the federal plan if the diagnosis later turns out to Committee on the Judiciary. government and the U.S. tax code. For be indigestion. Enactment of the ‘‘pru- PRIVATE RELIEF BILL years, investor owned utilities (IOUs) dent layperson’’ definition would end Mr. DURBIN. Mr. President, I rise have claimed inequity because of tax- this phenomena by ensuring coverage today to introduce a private bill for the exempt financing and low-interest when a reasonable person, who believes relief of Janina Altagracia Castillo- loans that municipalities and rural co- that she is in need of care, presents Rojas and her husband, Diogenes operative receive. On the other side of herself at an emergency room and is Patricio Rojas. My bill would grant the equation, these public power sys- treated. permanent resident status to Janina tems maintain that IOUs receive bene- Federal law, the Emergency Medical and Diogenes, who face deportation fits in the tax code such as accelerated Treatment and Active Labor Act later this month to the Dominican Re- depreciation, investment tax credits (EMTALA), already requires that all public as a result of a technicality in and deferred income tax and many use persons who come to a hospital for current federal immigration law. tax-exempt debt for pollution control emergency care be given a screening Janina has been denied citizenship bonds. Are these in a way, ‘‘subsidies?’’ examination to determine if they are because her mother was the child of a The jury is still out on how best to experiencing a medical emergency, and U.S. citizen female and foreign male. tackle these difficult issues but with- if so, that they receive stabilizing Previous law allowed only children of out a doubt, we will need to come to a treatment before being discharged or U.S. citizen males and foreign females resolution. moved to another facility. As a result, to claim U.S. citizenship. Finally, my bill directs the Inspector emergency, room doctors and hospitals In 1994, Senator Paul Simon passed General of the Department of the face a catch-22. Practitioners are re- the Immigration and Nationality and Treasury to file a report to the Con- quired by EMTALA and their own pro- Technical Corrections Act, which al- gress detailing whether and how tax fessional ethics to perform diagnostic lowed individuals born overseas before code incentives received by all utilities tests and exams to rule out emergency 1934 to U.S. citizen mothers, and their should be reviewed in order to foster a conditions, but may be denied reim- descendants, to claim U.S. citizenship. competitive retail electricity market As a result of that 1994 law, Janina’s in the future. bursement due to HMO prior authoriza- mother received U.S. citizenship in Mr. President, with respect to federal tion requirements or a finding after di- comprehensive restructuring legisla- agnosis that the condition was not of January 1996. However, when Janina attempted to tion, it is the states themselves that an emergency. attain citizenship as a descendant of a hold the key to ultimate success. This legislation also provides a proc- direct beneficiary of this legislation, EURECA allows states to continue to ess for the coordination of post-sta- move forward and craft electricity pro- bilization care. Consider this example: her application was denied. Despite the posals that best fit their own par- a patient goes into the emergency 1994 law, the Immigration and Natu- ticular needs. This legislation is the room complaining of chest pains, in an ralization Service required that best solution to move forward with a obvious emergent condition. Subse- Janina’s mother meet transmission re- better product for all classes of con- quently, the chest pains subside, there- quirements: she must have been phys- sumers and the industry as a whole. fore, the patient is considered clini- ically present in the U.S. for 10 years cally ‘‘stabilized.’’ However, this does prior to Janina’s birth, 5 of which over By Mr. GRAHAM (for himself, not mean that the patient is out of the age of 16 years, in order for Janina Mr. CHAFEE, Ms. MIKULSKI, Mr. danger. At that point the emergency to derive citizenship. Since her mother DEWINE, and Mr. ROBB): room physician may recommend a fol- was prohibited from becoming a U.S. S. 517. A bill to assure access under low up test, such as an EKG, but is fre- citizen until 1996, however, this re- group health plans and health insur- quently unable to get the health plan quirement is unreasonable. ance coverage to covered emergency to authorize any follow-up care. While 60 years of discriminatory law medical services; to the Committee on This portion of the bill would require was corrected in 1994, the citizenship Health, Education, Labor and Pen- that treating emergency physicians qualifications of the line of descend- sions. and health plans timely communicate ants of those U.S. citizen females re- ACCESS TO EMERGENCY MEDICAL SERVICES ACT with each other to determine what the main adversely impacted. The private OF 1999 necessary post-stabilization care relief bill I introduce today will grant Mr. GRAHAM. Mr. President, I rise should be. Health plans, in conjunction Janina and her husband Diogenes per- today with my colleagues Senators with the treating physician, may ar- manent resident status to continue

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2213 their lives in this country until this vests.ojp.gov. I am confident that this and Health (BEACH) Act of 1999, legis- provision can be amended. innovative process will be a great suc- lation which would amend the Clean Mr. President, I ask unanimous con- cess at harnessing the power of the in- Water Act to require states to adopt sent that the text of this bill be printed formation age to assist law enforce- water quality standards for coastal in the RECORD. ment do its job better, safer and more recreation waters and to notify the There being no objection, the text of cost effectively. I want to commend public of unhealthy conditions. I am the bill was ordered to be printed in the Attorney General and the Depart- pleased to be joined by Senator the RECORD, as follows: ment for making this effort. TORRICELLI, Senator BOXER, and Sen- S. 520 To build on the success of the Bullet- ator LIEBERMAN in sponsoring this leg- Be it enacted by the Senate and House of proof Vest Partnership Program, our islation. Representatives of the United States of America bipartisan legislation would permit the Mr. President, coastal tourism gen- in Congress assembled, Department of Justice to waive, in erates billions of dollars every year for SECTION 1. PERMANENT RESIDENCE. whole or in part, the matching require- local communities and beaches are the Notwithstanding any other provision of ment for law enforcement agencies ap- top vacation destination in the nation. law, for purposes of the Immigration and Na- plying for bulletproof vest grants in A recent survey found that tourists tionality Act (8 U.S.C. 1101 et seq.), Janina cases of fiscal hardship. Some police spend over $100 billion in coastal por- Altagracia Castillo-Rojas and her husband, departments in smaller jurisdictions Diogenes Patricio Rojas, shall be held and tions of the twelve states that were considered to have been lawfully admitted to may be unable to contribute half of the studied. Travel and tourism to the the United States for permanent residence as cost of buying body armor for their of- beaches of the Jersey shore alone gen- of the date of the enactment of this Act upon ficers. This waiver provision was in- erates over $7 billion annually to local payment of the required visa fees. cluded in the Campbell-Leahy version economies. SEC. 2. REDUCTION OF NUMBER OF AVAILABLE of the Act introduced last year, but Unfortunately, the increased use of VISAS. was unfortunately eliminated by oth- the coastal waters at our public beach- Upon the granting of permanent residence ers during House-Senate consideration to Janina Altagracia Castillo-Rojas and her es and coastal parks for swimming, of the final legislation. wading, and surfing can cause in- husband, Diogenes Patricio Rojas, as pro- Our bipartisan bill is strongly sup- vided in this Act, the Secretary of State creased risk to public health if these shall instruct the proper officer to reduce by ported by Federal Bureau of Investiga- recreational waters are not properly the appropriate number during the current tion Director Louis Freeh and the managed. Water pollution and water- fiscal year the total number of immigrant International Association of Chiefs of borne bacteria and viruses from over- visas available to natives of the country of Police. flowing sewage systems can cause a the aliens’ birth under section 203(a) of the More than ever before, police officers wide range of diseases, including Immigration and Nationality Act (8 U.S.C. in Vermont and around the country gastroenteritis, dysentery, hepatitis, 1153(a)). face deadly threats that can strike at ear, nose, and throat problems, E. coli any time, even during routine traffic By Mr. LEAHY (for himself, Mr. bacterial infections, and respiratory stops. Bulletproof vests save lives, and CAMPBELL, Mr. SCHUMER, Mr. illness. Upon contracting one of these I believe this new law will put vests on FEINGOLD, and Mr. TORRICELLI): water-borne diseases, the affected indi- our State and local law enforcement of- S. 521. A bill to amend part Y of title vidual often remains contagious even ficers who put their lives on the line. when out of the water and may pass I of the Omnibus Crime Control and I look forward to working with all the illness to others. The consequences Safe Streets Act of 1968 to provide for Senators to ensure that each and every of these swimming-associated illnesses a waiver of or reduction in the match- law enforcement community in can be especially severe for children, ing funds requirement in the case of Vermont and across the nation can af- elderly people, and the infirm. In fiscal hardship; to the Committee on ford basic protection for their officers. the Judiciary. Mr. President, I ask unanimous con- Maryland, the outbreak of the toxic f sent that the text of the bill be printed Pfiesteria organism in several Chesa- peake Bay tributaries prompted the LEGISLATION TO IMPROVE THE BULLETPROOF in the RECORD. state to close several rivers for public VEST PARTNERSHIP GRANT ACT S. 521 Mr. LEAHY. Mr. President, I am in- health reasons. Fishermen and swim- Be it enacted by the Senate and House of Rep- mers who were exposed to Pfiesteria troducing legislation to improve the resentatives of the United States of America in Bulletproof Vest Partnership Grant Congress assembled, complained of short-term memory loss, Act and am especially pleased to be SECTION 1. MATCHING GRANT PROGRAM FOR dizziness, muscular aches, peripheral joined by Senators FEINGOLD, LAW ENFORCEMENT ARMOR VESTS. tingling, vomiting, and abdominal TORRICELLI and SCHUMER as original Section 2501(f) of part Y of title of the Om- pain. sponsors on this law enforcement ef- nibus Crime Control and Safe Streets Act of In a 1998 report on beach water qual- 1968 (42 U.S.C. 3796ll(f)) is amended— ity, entitled Testing the Waters, the fort. I am also pleased that the senior (1) by striking ‘‘The portion’’ and inserting Senator from Colorado, Senator CAMP- the following: Natural Resources Defense Council re- BELL, is joining us, again, in this effort. ‘‘(1) IN GENERAL.—Subject to paragraph (2), ported over 5,199 closings or advisories We worked together closely and suc- the portion’’; and of varying durations at U.S. beaches cessfully last year to pass the Bullet- (2) by adding at the end the following: due to detected or anticipated proof Vest Partnership Grant Act into ‘‘(2) WAIVER.—The Director may waive, in unhealthy water quality in 1997. Many whole or in part, the requirement of para- law. beaches closures and health advisories graph (1) in the case of fiscal hardship, as de- were a result of sewage spills and over- The Bulletproof Vest Partnership termined by the Director.’’. Grant Act, which President Clinton flows. signed into law on June 16, 1998, au- By Mr. LAUTENBERG (for him- The number of beach closings and thorizes the Department of Justice to self, Mr. TORRICELLI, Mrs. advisories, while large, may represent award grants to pay for half of the cost BOXER, Mr. LIEBERMAN, and only a small portion of the actual prob- of providing bulletproof vests for State Mrs. FEINSTEIN): lem. This is because of an inconsistent and local law enforcement officers. Be- S. 522. A bill to amend the Federal approach among the states toward ginning this month, the Department of Water Pollution Control Act to im- monitoring the water quality of public Justice plans to open the Bulletproof prove the quality of beaches and coast- beaches and notifying the public of Vest Partnership Program so that al recreation water, and for other pur- unhealthy conditions. In fact, as of State, county and local law enforce- poses; to the Committee on Environ- 1999, only nine states have comprehen- ment agencies may receive grants to ment and Public Works. sive monitoring programs and adequate pay for half of the cost of providing BEACHES ENVIRONMENTAL ASSESSMENT, public notification. Thirteen states body armor for their officers. The en- CLOSURE, AND HEALTH ACT OF 1999 have regular monitoring and public no- tire application and payment process Mr. LAUTENBERG. Mr. President, tification programs for a portion of for the program will occur electroni- today I am introducing the Beaches their recreational beaches. Among the cally via the Internet at http:// Environmental Assessment, Closure, remaining coastal and Great Lakes

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2214 CONGRESSIONAL RECORD — SENATE March 3, 1999 states, some lack any regular moni- (3) tourism in coastal zones generates bil- ‘‘(3) not later than 3 years after the date of toring of beach water quality, while lions of dollars annually; publication of revisions by the Adminis- others have monitoring programs, but (4) increased population and urbanization trator under section 703(b), be revised by the no programs to close beaches or notify of watershed areas have contributed to the State. decline in the environmental quality of ‘‘(c) FAILURE OF STATES TO ADOPT CRI- the public. As a result, a high bacteria coastal water; TERIA.—If, not later than 3 years and 180 level can cause a beach closure in one (5) pollution in coastal water is not re- days after the date of enactment of this state while, in another state, people stricted by State or other political bound- title, a State has not complied with sub- may be allowed to swim in the water, aries; section (a), the water quality criteria issued despite the health risks. (6) coastal States have different methods of by the Administrator under section 304(a)(1) Due in part to my urging, in 1997, the testing and parameters for evaluating the shall— Environmental Protection Agency quality of coastal recreation water, resulting ‘‘(1) become the effective water quality cri- (EPA) established its Beaches Environ- in the provision of varying degrees of protec- teria for coastal recreational water for that mental Assessment, Closure and Health tion to the public; State; and (BEACH) program to recommend ap- (7) the adoption of consistent criteria by ‘‘(2) be considered to have been promul- coastal States would enhance public health gated by the Administrator under section propriate monitoring criteria and pub- and safety, including the adoption of con- 303(c)(4). lic notification of beach water quality. sistent criteria for— ‘‘SEC. 703. REVISIONS TO WATER QUALITY CRI- While this program is a good start, the (A) testing and evaluating the quality of TERIA. reality is that the majority of states coastal recreation water; and ‘‘(a) STUDIES.—Not later than 3 years after have not adopted EPA-recommended (B) the posting of signs at beaches noti- the date of enactment of this title, and after criteria to protect swimmer’s health, fying the public during periods when the consultation with appropriate Federal, and the agency does not possess the au- water quality criteria for public safety are State, and local officials (including local thority to require states to adopt their not met; and health officials) and other interested per- recommended criteria. (8) while the adoption of consistent criteria sons, the Administrator shall conduct, in co- Mr. President, my legislation would would enhance public health and safety, the operation with the Under Secretary of Com- failure to meet consistent criteria should be provide EPA the authority to require merce for Oceans and Atmosphere, studies to addressed as part of a watershed approach to provide new information for use in devel- states to develop beach water quality effectively identify and eliminate sources of oping— monitoring and public notification pro- pollution. ‘‘(1) a more complete list of potential grams that adequately and uniformly (b) PURPOSES.—The purpose of this Act is human health risks from inhalation, inges- protect public health. The BEACH Act to amend the Federal Water Pollution Con- tion, or body contact with coastal recreation would require EPA to conduct studies trol Act (33 U.S.C. 1251 et seq.) to require water, including effects on the upper res- for use in developing a more complete uniform criteria and procedures for testing, piratory system; list of potential health risks associated monitoring, and notifying users of public ‘‘(2) appropriate and effective indicators coastal recreation water and beaches— for improving direct detection of the pres- with unhealthy beach water quality, (1) to protect public safety; and develop more effective testing methods ence of pathogens found harmful to human (2) to improve environmental quality. health in coastal recreational water; for detecting the presence of pathogens SEC. 3. BEACH AND COASTAL RECREATION ‘‘(3) appropriate, accurate, and expeditious in coastal recreation waters, and revise WATER QUALITY. methods (including predictive models) for de- its water quality criteria for pathogens The Federal Water Pollution Control Act tecting the presence of pathogens in coastal in such waters. The legislation would (33 U.S.C. 1251 et seq.) is amended by adding recreation water that are harmful to human also direct EPA to establish regula- at the end: health; and tions requiring monitoring of water ‘‘TITLE VII—BEACH AND COASTAL ‘‘(4) guidance for the State-to-State appli- quality at public beaches to determine RECREATION WATER QUALITY cation of the criteria issued under subsection compliance with water quality and ‘‘SEC. 701. DEFINITIONS. (b) to account for the diversity of geographic and aquatic conditions throughout the public safety criteria. The bill would ‘‘In this title: ‘‘(1) COASTAL RECREATION WATER.—The United States. require states to notify local govern- ‘‘(b) REVISED CRITERIA.—Not later than 5 ments and the public of current beach term ‘‘coastal recreation water’’ means water adjacent to public beaches of the years after the date of enactment of this water quality. Where a state wishes to Great Lakes and of marine coastal water (in- title, based on the results of the studies con- delegate its testing, monitoring, and cluding bays, lagoon mouths, and coastal es- ducted under subsection (a), the Adminis- notification requirements to local gov- tuaries within the tidal zone) used by the trator, after consultation with appropriate ernments, EPA must issue delegation public for— Federal, State, and local officials (including guidance to a state and the state must ‘‘(A) swimming; local health officials) and other interested make resources available to the local ‘‘(B) bathing; parties, shall— ‘‘(1) issue revised water quality criteria for government. Lastly, the BEACH Act ‘‘(C) surfing; or ‘‘(D) other similar body contact purposes. pathogens in coastal recreation water that would authorize $9 million dollars in are harmful to human health, including a re- grants to the States for the purposes of ‘‘(2) FLOATABLE MATERIALS.—The term ‘‘floatable materials’’ means any foreign vised list of indicators and testing methods; carrying out the requirements of this matter that may float or remain suspended and Act. in water, including— ‘‘(2) not less than once every 5 years there- Mr. President, a day at the beach ‘‘(A) plastic; after, review and revise the water quality shouldn’t be followed by a day at the ‘‘(B) aluminum cans; criteria. doctor. I invite my colleagues to join ‘‘(C) wood; ‘‘SEC. 704. COASTAL BEACH WATER QUALITY me in supporting this legislation to en- ‘‘(D) bottles; MONITORING. sure safe and healthy beaches for the ‘‘(E) paper products; and ‘‘(a) MONITORING.— citizens of New Jersey and the nation. ‘‘(F) fishing gear. ‘‘(1) IN GENERAL.—Not later than 1 year and I ask unanimous consent that a copy ‘‘SEC. 702. ADOPTION OF COASTAL REC- 180 days after the date of enactment of this REATIONAL WATER QUALITY CRI- title, the Administrator shall promulgate ECORD of the bill be printed in the R . TERIA BY STATES. regulations requiring monitoring by the S. 522 ‘‘(a) IN GENERAL.—Not later than 3 years States of public coastal recreation water and Be it enacted by the Senate and House of Rep- and 180 days after the date of enactment of beaches for— resentatives of the United States of America in this title, each State shall adopt water qual- ‘‘(A) compliance with applicable water Congress assembled, ity criteria for coastal recreation water that, quality criteria; and SECTION 1. SHORT TITLE. at a minimum, are consistent with the cri- ‘‘(B) maintenance of public safety. This Act may be cited as the ‘‘Beaches En- teria published by the Administrator under ‘‘(2) CONTENTS OF REQUIREMENTS.—Moni- vironmental Assessment, Closure, and section 304(a)(1). toring requirements established under this Health Act of 1999’’. ‘‘(b) DEVELOPMENT OF CRITERIA.—Water section shall specify, at a minimum— SEC. 2. FINDINGS AND PURPOSES. quality criteria described in subsection (a) ‘‘(A) available monitoring methods to be (a) FINDINGS.—Congress finds that— shall— used by States; (1) the beaches and coastal recreation ‘‘(1) be developed and promulgated in ac- ‘‘(B) the frequency and location of moni- water of the United States are valuable pub- cordance with section 303(c); toring based on— lic resources that are used for recreation by ‘‘(2) be incorporated into all appropriate ‘‘(i) the periods of recreational use of millions of people annually; programs into which a State would incor- coastal recreation water and beaches; (2) the beaches of coastal States host many porate other water quality criteria adopted ‘‘(ii) the extent and degree of recreational out-of-State and international visitors; under section 303(c); and use during the periods described in clause (i);

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2215 ‘‘(iii) the proximity of coastal recreation delegated to a local government authority Hawaiian Islands. This year, approxi- water to known or identified point and before the date of enactment of this section, mately 18,000 inpatients and more than nonpoint sources of pollution; and State resources, including grants made 200,000 outpatients will seek health ‘‘(iv) the relationship between the use of under section 706, shall be made available to care from The Queen’s Health Systems. public recreation water and beaches to storm the delegated authority for the purpose of events; implementing the delegated program in a The organization maintains an open ‘‘(C) methods for— manner that is consistent with the guidance emergency room; admits Medicare and ‘‘(i) detecting levels of pathogens that are issued by the Administrator. Medicaid patients; operates a 536-bed harmful to human health; and ‘‘(f) FLOATABLE MATERIALS MONITORING; accredited teaching hospital; operates ‘‘(ii) identifying short-term increases in TECHNICAL ASSISTANCE.—Not later than 1 Molokai General Hospital; operates pathogens that are harmful to human health year and 180 days after the date of enact- clinics on various islands; provides in coastal recreation water, including the re- ment of this title, the Administrator shall— home health care; supports nursing lationship of short-term increases in patho- ‘‘(1) provide technical assistance for uni- programs at Hawaiian colleges and uni- gens to storm events; and form assessment and monitoring procedures ‘‘(D) conditions and procedures under for floatable materials in coastal recreation versities; and promotes good health which discrete areas of coastal recreation water; and practices in many other ways. water may be exempted by the Adminis- ‘‘(2) specify the conditions under which the In 1885 Queen Emma Kaleleonalani, trator from the monitoring requirements presence of floatable material shall con- wife of King Kamehameha IV, be- under this subsection, if the Administrator stitute a threat to public health and safety. queathed land which in large part determines that an exemption will not— ‘‘(g) OCCURRENCE DATABASE.—The Adminis- composes the assets of The Queen ‘‘(i) impair compliance with the applicable trator shall establish, maintain, and make Emma Foundation, a non-profit, tax- water quality criteria for that water; and available to the public by electronic and exempt, public charity. The Founda- ‘‘(ii) compromise public safety. other means— tion s charitable purpose is to support ‘‘(b) NOTIFICATION REQUIREMENTS.— ‘‘(1) a national coastal recreation water ‘‘(1) IN GENERAL.—Regulations promulgated pollution occurrence database using reliable and improve health care services in Ha- under subsection (a) shall require States to information, including the information re- waii by committing funds generated by provide prompt notification of a failure or ported under subsection (b); and Foundation-owned properties to The the likelihood of a failure to meet applicable ‘‘(2) a listing of communities conforming Queen’s Medical Center, the Queen’s water quality criteria for State coastal to the regulations promulgated under sub- Health Systems and other health care recreation water, to— sections (a) and (b). programs benefiting the community. ‘‘(A) local governments; ‘‘SEC. 705. REPORT TO CONGRESS. Much of the land bequeathed by ‘‘(B) the public; and ‘‘Not later than 4 years after the date of Queen Emma to the Foundation is en- ‘‘(C) the Administrator. the enactment of this title and periodically ‘‘(2) INFORMATION INCLUDED IN NOTIFICA- cumbered by long-term, fixed rent thereafter, the Administrator shall submit commercial and industrial ground TION.—Notification under this subsection to Congress a report that contains— shall require, at a minimum— ‘‘(1) recommendations concerning the need leases. As these leases expire, the land ‘‘(A) the prompt communication of the oc- for additional water quality criteria and and improvements revert back to the currence, nature, extent, and location of, and other actions that are necessary to improve Foundation. The existing, aged im- substances (including pathogens) involved the quality of coastal recreation water; and provements thereon will need to be up- in, a failure or immediate likelihood of a ‘‘(2) an evaluation of State efforts to im- graded in order to enhance and con- failure to meet water quality criteria, to a plement this title. designated official of a local government tinue the revenue-generating potential having jurisdiction over land adjoining the ‘‘SEC. 706. GRANTS TO STATES. of the properties. However, the Foun- coastal recreation water for which the fail- ‘‘(a) GRANTS.—The Administrator may dation’s available cash and cash flow ure or imminent failure to meet water qual- make grants to States for use in meeting the are insufficient to implement these im- requirements of sections 702 and 704. ity criteria is identified; and provements which would result in in- ‘‘(b) COST SHARING.—For each fiscal year, ‘‘(B) the posting of signs, during the period creased financial support to The in which water quality criteria are not met the total amount of funds provided through grants to a State under this section shall not Queen’s Medical Center, The Queen’s continues, that are sufficient to give notice Health Systems and other health care to the public— exceed 50 percent of the cost to the State of ‘‘(i) of a failure to meet applicable water implementing requirements described in sub- programs benefiting the community. If quality criteria for the water; and section (a). the Foundation borrows the funds, any ‘‘(c) ELIGIBLE STATE.—Effective beginning ‘‘(ii) the potential risks associated with income generated from those improve- 3 years and 180 days after the date of enact- water contact activities in the water. ments would be subject to the debt-fi- ‘‘(c) REVIEW AND REVISION OF REGULA- ment of this title, the Administrator may make a grant to a State under this section nanced property rules of the unrelated TIONS.—Periodically, but not less than once business income tax provisions of the every 5 years, the Administrator shall review only if the State demonstrates to the satis- and make any necessary revisions to regula- faction of the Administrator the implemen- Internal Revenue Code. Since the in- tions promulgated under this section. tation of the State monitoring and notifica- come would be taxed at the corporate ‘‘(d) STATE IMPLEMENTATION.— tion program under section 704 of this title. rate, the amount ultimately available ‘‘(1) IN GENERAL.—Not later than 3 years ‘‘SEC. 707. AUTHORIZATION OF APPROPRIATIONS. to The Queen’s Health System would and 180 days after the date of enactment of There is authorized to be appropriated— be greatly reduced. this title, each State shall implement a mon- ‘‘(1) for use in making grants to States Consequently, the generosity and in- itoring and notification program that con- under section 706, $9,000,000 for each of fiscal tent of Queen Emma more than 100 forms to the regulations promulgated under years 2000 through 2004; and years ago are being frustrated by fed- subsections (a) and (b). ‘‘(2) for carrying out the other provisions eral tax provisions intended to prevent ‘‘(2) REVISION OF PROGRAM.—Not later than of this title, $3,000,000 for each of fiscal years 2 years after the date of publication of any 2000 through 2004.’’. abuses. I am sure the Congress never revisions by the Administrator under sub- intended the unfortunate consequences section (c), each State shall revise the pro- By Mr. INOUYE (for himself and these provisions are having on what is gram established under paragraph (1) to in- Mr. AKAKA): virtually the sole source of private fi- corporate the revisions. S. 523. A bill to amend the Internal nancial support for this sound and ‘‘(e) GUIDANCE; DELEGATION OF RESPONSI- Revenue Code of 1986 to treat certain unique system of providing and deliv- BILITY.— ering health care to the people of Ha- ‘‘(1) IN GENERAL.—Not later than 1 year and hospital support organizations as 180 days after the date of enactment of this qualified organizations for purposes of waii. title, the Administrator shall issue guidance section 514(c)(9); to the Committee on Current law already allows an excep- establishing— Finance. tion from the debt-financing rules for ‘‘(A) core performance measures for test- f certain real estate investments of pen- ing, monitoring, and notification programs sion trusts as well as an exception for under this section; and AMENDMENT TO THE INTERNAL educational institutions and their sup- ‘‘(B) the delegation of testing, monitoring, REVENUE CODE OF 1986 porting organizations. The legislation I and notification programs under this section Mr. INOUYE. Mr. President, six thou- am introducing today grants similar to local government authorities. ‘‘(2) DELEGATION OF RESPONSIBILITY TO sand miles from where I am standing relief to institutions like The Queen LOCAL GOVERNMENTS.—If a responsibility de- today, The Queen’s Health System of Emma Foundation which provide and scribed in paragraph (1)(B) is delegated by a Hawaii is providing health care serv- deliver health care to the people of our State to a local government authority, or is ices that benefit the residents of all the nation.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2216 CONGRESSIONAL RECORD — SENATE March 3, 1999 I request unanimous consent that the against the Pacific, Guam was bombed failed to specify postwar values as a full text of my bill be printed in the and invaded by Japanese forces within basis for computing awards, and settled RECORD. three days of the infamous attack on on prewar values, which did not reflect There being no objection, the bill was Pearl Harbor. At that time, Guam was the true postwar replacement costs. ordered to be printed in the RECORD, as administered by the United States Also, all property damage claims in ex- follows: Navy under the authority of a Presi- cess of $5,000, as well as all death and S. 523 dential Executive Order. It was also injury claims, required Congressional Be it enacted by the Senate and House of populated by then-American nationals. review and approval. This action Representatives of the United States of America For the first time since the War of 1812, caused many eligible claimants to set- in Congress assembled, a foreign power invaded United States tle for less in order to receive timely SECTION 1. TREATMENT OF CERTAIN HOSPITAL soil. compensation. The Claims Act also im- SUPPORT ORGANIZATIONS AS In 1952, when the United States posed a one-year time limit to file QUALIFIED ORGANIZATIONS FOR PURPOSES OF DETERMINING ACQUI- signed a peace treaty with Japan, for- claims, which was insufficient as mas- SITION INDEBTEDNESS. mally ending World War II, it waived sive disruptions still existed following (a) IN GENERAL.—Subparagraph (C) of sec- the rights of American nationals, in- Guam’s liberation. In addition, English tion 514(c)(9) of the Internal Revenue Code of cluding those of Guamanians, to was then a second language to a great 1986 is amended by striking ‘‘or’’ at the end present claims against Japan. As a re- many Guamanians. While a large num- of clause (ii), by striking the period at the sult of this action, American nationals ber spoke English, few could read it. end of clause (iii) and inserting ‘‘; or’’, and were forced to seek relief from the Con- by adding at the end the following new This is particularly important since clause: gress of the United States. the Land and War Claims Commission ‘‘(iv) a qualified hospital support organiza- Today, I rise to introduce the Guam required written statements and often tion (as defined in subparagraph (I)).’’ War Restitution Act, which would communicated with claimants in writ- (b) QUALIFIED HOSPITAL SUPPORT ORGANI- amend the Organic Act of Guam and ing. ZATIONS.—Paragraph (9) of section 514(c) of provide restitution to those who suf- The reparations program was also in- the Internal Revenue Code of 1986 is amended fered atrocities during the occupation adequate because it became secondary by adding at the end the following new sub- of Guam in World War II. There are to overall reconstruction and the build- paragraph: several key components to this meas- ing of permanent military bases. In ‘‘(I) QUALIFIED HOSPITAL SUPPORT ORGANI- ure. ZATIONS.—For purposes of subparagraph this regard, the Congress enacted the (C)(iv), the term ‘qualified hospital support The Restitution Act would establish Guam Land Transfer Act and the Guam organization’ means, with respect to any in- specific damage awards to those who Rehabilitation Act (Public Laws 79–225 debtedness, a support organization (as de- are survivors of the war, and to the and 79–583) as a means of rehabilitating fined in section 509(a)(3)) which supports a heirs of those who died during the war. Guam. The Guam Land Transfer Act hospital described in section 170(b)(1)(A)(iii) The specific damage awards would be provided the means of exchanging ex- and with respect to which— as follows: (1) $20,000 for death; (2) cess federal land for resettlement pur- ‘‘(i) more than half of its assets (by value) $7,000 for personal injury; and (3) $5,000 poses, and the Guam Rehabilitation at any time since its organization— for forced labor, forced march, or in- ‘‘(I) were acquired, directly or indirectly, Act appropriated $6 million to con- by gift or devise, and ternment. struct permanent facilities for the ‘‘(II) consisted of real property, The Restitution Act would also es- civic populace of the island for their ‘‘(ii) the fair market value of the organiza- tablish specific damage benefits to the economic rehabilitation. tion’s unimproved real estate acquired, di- heirs of those who survived the war and Approximately $8.1 million was paid rectly or indirectly, by gift or devise, exceed- who made previous claims but have to 4,356 recipients under the Guam ed 10 percent of the fair market value of all since died. The specific damage bene- Meritorious Claims Act. Of this investment assets held by the organization fits would be as follows: (1) $7,000 for amount, $4.3 million was paid to 1,243 immediately prior to the time that the in- personal injury; and (2) $5,000 for forced individuals for death, injury, and prop- debtedness was incurred, and ‘‘(iii) no member of the organization’s gov- labor, forced march, or internment. erty damage in excess of $5,000, and $3.8 erning body was a disqualified person (as de- Payments for benefits may either be in million to 3,113 recipients for property fined in section 4946 but not including any the form of a scholarship, payment of damage of less than $5,000. foundation manager) at any time during the medical expenses, or a grant for first- On June 3, 1947, former Secretary of taxable year in which the indebtedness was time home ownership. the Interior Harold Ickes testified be- incurred. This Act would also establish a Guam fore the House Committee on Public In the case of any refinancing not in excess Trust Fund from which disbursements Lands relative to the Organic Act, and of the indebtedness being refinanced, the de- will be made. Any amount left in the strongly criticized the Department of terminations under clauses (ii) and (iii) shall fund would be used to establish the the Navy for its ‘‘inefficient and even be made by reference to the earliest date in- Guam World War II Loyalty Scholar- brutal handling of the rehabilitation debtedness meeting the requirements of this ships at the University of Guam. subparagraph (and involved in the chain of and compensation and war damage indebtedness being refinanced) was in- A nine member Guam Trust Fund tasks.’’ Secretary Ickes termed the curred.’’ Commission would be established to procedures as ‘‘shameful results.’’ (c) EFFECTIVE DATE.—The amendments adjudicate and award all claims from In addition, a committee known as made by this section shall apply to indebted- the Trust Fund. the Hopkins Committee was estab- ness incurred on or after the date of the en- The United States Congress pre- lished by former Secretary of the Navy actment of this Act. viously recognized its moral obligation James Forrestal in 1947 to assess the to the people of Guam and provided Navy’s administration of Guam and By Mr. INOUYE: reparations relief by enacting the American Samoa. An analysis of the S. 524. A bill to amend the Organic Guam Meritorious Claims Act on No- Navy’s administration of the repara- Act of Guam to provide restitution to vember 15, 1945 (Public Law 79–224). Un- tion and rehabilitation programs was the people of Guam who suffered atroc- fortunately, the Claims Act was seri- provided to Secretary Forrestal in a ities such as personal injury, forced ously flawed and did not adequately March 25, 1947 letter from the Hopkins labor, forced marches, internment, and compensate Guam after World War II. Committee. The letter indicated that death during the occupation of Guam The Claims Act primarily covered the Department’s confusing policy de- in World War II, and for other pur- compensation for property damage and cisions greatly contributed to the pro- poses; to the Committee on the Judici- limited compensation for death or per- grams’ deficiencies and called upon the ary. sonal injury. Claims for forced labor, Congress to pass legislation to correct f forced march, and internment were its mistakes and provide reparations to THE GUAM WAR RESTITUTION ACT never compensated because the Claims the people of Guam. Mr. INOUYE. Mr. President, for near- Act excluded these from awardable in- In 1948, the United States Congress ly three years, the people of Guam en- juries. The enactment of the Claims enacted the War Claims Act of 1948 dured war time atrocities and suf- Act was intended ‘‘to make Guam (Public Law 80–896), which provided fering. As part of Japan’s assault whole.’’ The Claims Act, however, reparation relief to American prisoners

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2217 of war, internees, religious organiza- There being no objection, the text of ‘‘(F) in the case of a claim for a benefit, tions, and employees of defense con- the bill was ordered to be printed in proof of the relationship of the claimant to tractors. The residents of Guam were the RECORD, as follows: the relevant decedent. ‘‘(2) GENERAL DUTIES OF THE COMMISSION TO deemed ineligible to receive repara- S. 524 PROCESS CLAIMS.—With respect to each claim tions under this Act because they were Be it enacted by the Senate and House of filed under this section, the Commission American nationals and not American Representatives of the United States of America shall determine whether the claimant is eli- citizens. In 1950, the United States Con- in Congress assembled, gible for an award or benefit under this sec- gress enacted the Guam Organic Act SECTION 1. SHORT TITLE. tion and, if so, shall certify the claim for (81–630), granting Guamanians Amer- This Act may be cited as the ‘‘Guam War payment in accordance with subsection (d). Restitution Act’’. ican citizenship and a measure of self- ‘‘(3) TIME LIMITATION.—With respect to SEC. 2. AMENDMENT TO ORGANIC ACT OF GUAM government. each claim submitted under this section, the TO PROVIDE RESTITUTION. Commission shall act expeditiously, but in The Congress, in 1962, amended the The Organic Act of Guam (48 U.S.C. 1421 et no event later than 1 year after the receipt War Claims Act to provide benefits to seq.) is amended by adding at the end the fol- of the claim by the Commission, to fulfill claimants who were nationals at the lowing new section: the requirements of paragraph (2) regarding ‘‘SEC. 35. RECOGNITION OF DEMONSTRATED LOY- the claim. time of the war and later became citi- ALTY OF GUAM TO UNITED STATES, ‘‘(4) DIRECT RECEIPT OF PROOF FROM PUBLIC zens. Again, the residents of Guam AND SUFFERING AND DEPRIVATION CLAIMS FILES PERMITTED.—The Commission were specifically excluded. The Con- ARISING THEREFROM, DURING may receive proof of a compensable injury gress believed that the residents of WORLD WAR II. ‘‘(a) DEFINITIONS.—For purposes of this sec- directly from the Governor of Guam, or the Guam were provided for under the tion: Federal custodian of an original claim filed Guam Meritorious Claims Act. At that ‘‘(1) AWARD.—The term ‘award’ means the with respect to the injury pursuant to the time, there was no one to defend Guam, amount of compensation payable under sub- first section of the Act of November 15, 1945 as they had no representation in Con- section (d)(2). (Chapter 483; 59 Stat. 582), if such proof is gress. The Congress also enacted the ‘‘(2) BENEFIT.—The term ‘benefit’ means contained in the respective public records of Micronesian Claims Act for the Trust the amount of compensation payable under the Governor or the custodian. subsection (d)(3). ‘‘(c) ELIGIBILITY.— Territory of the Pacific Islands, but ‘‘(1) ELIGIBILITY FOR AWARDS.—A claimant again excluded Guam in the settle- ‘‘(3) COMMISSION.—The term ‘Commission’ means the Guam Trust Fund Commission es- shall be eligible for an award under this sec- ment. tablished by subsection (f). tion if the claimant meets each of the fol- In 1988, the now inactive Guam War ‘‘(4) COMPENSABLE INJURY.—The term ‘com- lowing criteria: Reparations Commission documented pensable injury’ means one of the following ‘‘(A) The claimant is— 3,365 unresolved claims. There are po- three categories of injury incurred during ‘‘(i) a living Guamanian who personally re- and as a result of World War II: ceived the compensable injury that is the tentially 5,000 additional unresolved basis for the claim, or claims. In 1946, the United States pro- ‘‘(A) Death. ‘‘(B) Personal injury (as defined by the ‘‘(ii) the heir or next of kin of a decedent vided more than $390 million in repara- Commission). Guamanian, in the case of a claim with re- tions to the Philippines, and more than ‘‘(C) Forced labor, forced march, or intern- spect to which the compensable injury is $10 million to the Micronesian Islands ment. death. in 1971 for atrocities inflicted by Japan. ‘‘(5) GUAMANIAN.—The term ‘Guamanian’ ‘‘(B) The claimant meets the requirements of paragraph (3). In addition, the United States pro- means any person who— ‘‘(2) ELIGIBILITY FOR BENEFITS.—A claimant vided more than $2 billion in postwar ‘‘(A) resided in the territory of Guam dur- ing any portion of the period beginning on shall be eligible for a benefit under this sec- aid to Japan from 1946 to 1951. Further, December 8, 1941, and ending on August 10, tion if the claimant meets each of the fol- the United States government liq- 1944, and lowing criteria: uidated more than $84 million in Japa- ‘‘(B) was a United States citizen or na- ‘‘(A) The claimant is the heir or next of nese assets in the United States during tional during such portion. kin of a decedent Guamanian who personally the war for the specific purpose of com- ‘‘(6) PROOF.—The term ‘proof’ relative to received the compensable injury that is the pensating claims of its citizens and na- compensable injury means any one of the fol- basis for the claim, and the claim is made lowing, if determined by the Commission to with respect to a compensable injury other tionals. The United States did not in- than death. voke its authority to seize more assets be valid: ‘‘(A) An affidavit by a witness to such com- ‘‘(B) The claimant meets the requirements from Japan under Article 14 of the pensable injury; of paragraph (3). Treaty of Peace, as other Allied Powers ‘‘(B) A statement, attesting to compen- ‘‘(3) GENERAL REQUIREMENTS FOR ELIGI- had done. The United States, however, sable injury, which is— BILITY.—A claimant meets the requirements did close the door on the claims of the ‘‘(i) offered as oral history collected for of this paragraph if the claimant meets each people of Guam. academic, historic preservation, or journal- of the following criteria: ‘‘(A) The claimant files a claim with the A companion measure to my bill, istic purposes; ‘‘(ii) made before a committee of the Guam Commission regarding a compensable injury H.R. 755, was introduced in the House legislature; and containing all of the information re- of Representatives by Representative ‘‘(iii) made in support of a claim filed with quired by subsection (b)(1). ROBERT UNDERWOOD. The issue of rep- the Guam War Reparations Commission; ‘‘(B) The claimant furnishes proof of the arations for Guam is not a new one for ‘‘(iv) filed with a private Guam war claims compensable injury. the people of Guam and for the United advocate; or ‘‘(C) By such procedures as the Commission States Congress. It has been consist- ‘‘(v) made in a claim pursuant to the first may prescribe, the claimant files a claim ently raised by the Guamanian govern- section of the Act of November 15, 1945 under this section not later than 1 year after (Chapter 483; 59 Stat. 582). the date of the appointment of the ninth ment through local enactments of leg- ‘‘(7) TRUST FUND.—The term ‘Trust Fund’ member of the Commission. islative bills and resolutions, and dis- means the Guam Trust Fund established by ‘‘(4) LIMITATION ON ELIGIBILITY FOR AWARDS cussed with Congressional leaders over subsection (e). AND BENEFITS— the years. ‘‘(b) REQUIREMENTS FOR CLAIMS AND GEN- ‘‘(A) AWARDS.— The Guam War Restitution Act can- ERAL DUTIES OF COMMISSION— ‘‘(i) No claimant may receive more than 1 not fully compensate or erase the ‘‘(1) REQUIRED INFORMATION FOR CLAIMS.— award under this section and not more than atrocities inflicted upon Guam and its Each claim for an award or benefit under 1 award may be paid under this section with this section shall be made under oath and respect to each decedent described in para- people during the occupation by the shall include— graph (1)(A)(ii). Japanese military. However, passage of ‘‘(A) the name and age of the claimant; ‘‘(ii) Each award shall consist of only 1 of this Act would recognize our govern- ‘‘(B) the village in which the individual the amounts referred to in subsection (d)(2). ment’s moral obligation to Guam, and who suffered the compensable injury which ‘‘(B) BENEFITS.— bring justice to the people of Guam for is the basis for the claim resided at the time ‘‘(i) Not more than 1 benefit may be paid the atrocities and suffering they en- the compensable injury occurred; under this Act with respect to each decedent dured during World War II. I urge my ‘‘(C) the approximate date or dates on described in paragraph (2)(A). colleagues to support this measure. which the compensable injury occurred; ‘‘(ii) Each benefit shall consist of only 1 of ‘‘(D) a brief description of the compensable the amounts referred to in subsection (d)(3). Mr. President, I ask unanimous con- injury which is the basis for the claim; ‘‘(d) PAYMENTS.— sent that the text of my bill be in- ‘‘(E) the circumstances leading up to the ‘‘(1) CERTIFICATION.—The Commission shall serted in the RECORD. compensable injury; and certify for payment all awards and benefits

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that the Commission determines are payable ‘‘(8) REFUSAL TO ACCEPT PAYMENT.—If a by the President from recommendations under this section. claimant refuses to accept a payment made made by the Governor of Guam. ‘‘(2) AWARDS.—The Commission shall pay or offered under paragraph (2) or (3) with re- ‘‘(B) TERMS.— from the Trust Fund 1 of the following spect to a claim filed under this section— ‘‘(i) Initial members of the Commission amounts as an award for each claim with re- ‘‘(A) the amount of the refused payment, if shall be appointed for initial terms of 3 spect to which a claimant is determined to withdrawn from the Trust Fund for purposes years, and subsequent terms shall be of a be eligible under subsection (c)(1): of making the payment, shall be returned to length determined pursuant to subparagraph ‘‘(A) $20,000 if the claim is based on death. the Trust Fund; and (F). ‘‘(B) $7,000 if the claim is based on personal ‘‘(B) no payment may be made under this ‘‘(ii) Any member of the Commission who injury. section to such claimant at any future date is appointed to fill a vacancy occurring be- ‘‘(C) $5,000 if the claim is based on forced with respect to the claim. fore the expiration of the term for which labor, forced march, or internment and is ‘‘(9) CLARIFICATION OF TREATMENT OF PAY- such member’s predecessor was appointed not based on personal injury. MENTS UNDER OTHER LAWS.—Awards paid to shall be appointed only for the remainder of ‘‘(3) BENEFITS.—The Commission shall pay eligible claimants— such term. from the Trust Fund 1 of the following ‘‘(A) shall be treated for purposes of the in- ‘‘(C) PROHIBITION OF COMPENSATION OTHER ternal revenue laws of the United States as amounts as a benefit with respect to each THAN EXPENSES.—Members of the Commis- claim for which a claimant is determined eli- damages received on account of personal in- sion shall serve without pay as such, except gible under subsection (c)(2): juries or sickness; and that members of the Commission shall be en- ‘‘(B) shall not be included as income or re- ‘‘(A) $7,000 if the claim is based on personal titled to reimbursement for travel, subsist- sources for purposes of determining eligi- injury. ence, and other necessary expenses incurred bility to receive benefits described in section ‘‘(B) $5,000 if the claim is based on forced by them in carrying out the functions of the 3803(c)(2)(C) of title 31, United States Code, labor, forced march, or internment and is Commission in the same manner that per- or the amount of such benefits. not based on personal injury. sons employed intermittently in the United ‘‘(e) GUAM TRUST FUND.— EDUCTION OF AMOUNT TO COORDINATE ‘‘(4) R ‘‘(1) ESTABLISHMENT.—There is established States Government are allowed expenses WITH PREVIOUS CLAIMS.—The amount re- in the Treasury of the United States the under section 5703 of title 5, United States quired to be paid under paragraph (2) or (3) Guam Trust Fund, which shall be adminis- Code. for a claim with respect to any Guamanian tered by the Secretary of the Treasury. ‘‘(D) QUORUM.—5 members of the Commis- shall be reduced by any amount paid under ‘‘(2) INVESTMENTS.—Amounts in the Trust sion shall constitute a quorum but a lesser the first section of the Act of November 15, Fund shall be invested in accordance with number may hold hearings. 1945 (Chapter 483; 59 Stat. 582) with respect to section 9702 of title 31, United States Code. ‘‘(E) CHAIRPERSON.—The Chairperson of the such Guamanian. ‘‘(3) USES.—Amounts in the Trust Fund Commission shall be elected by the members ‘‘(5) FORM OF PAYMENT.— shall be available only for disbursement by of the Commission. ‘‘(A) AWARDS.—In the case of a claim for an the Commission in accordance with sub- ‘‘(F) SUBSEQUENT APPOINTMENTS.— award, payment under this subsection shall section (f). ‘‘(i) Upon the expiration of the term of be made in cash to the claimant, except as ‘‘(4) DISPOSITION OF FUNDS UPON TERMI- each member of the Commission, the Presi- provided in paragraph (6). NATION.—If all of the amounts in the Trust dent shall reappoint the member (or appoint ‘‘(B) BENEFITS.—In the case of a claim for Fund have not been obligated or expended by another individual to replace the member) if a benefit— the date of the termination of the Commis- the President determines, after consider- ‘‘(i) IN GENERAL.—Payment under this sub- sion, investments of amounts in the Trust ation of the reports submitted to the Presi- section shall consist of— Fund shall be liquidated, the receipts of such dent by the Commission under this section, ‘‘(I) provision of a scholarship; liquidation shall be deposited in the Trust that there are sufficient funds in the Trust ‘‘(II) payment of medical expenses; or Fund, and any unobligated funds remaining Fund for the present and future administra- ‘‘(III) a grant for first-time home owner- in the Trust Fund shall be given to the Uni- tive costs of the Commission and for the pay- ship. versity of Guam, with the conditions that— ment of further awards and benefits for ‘‘(ii) METHOD OF PAYMENT.—Payment of ‘‘(A) the funds are invested as described in which claims have been or may be filed cash under this subsection may not be made paragraph (2); under this title. directly to a claimant, but may be made to ‘‘(B) the funds are used for scholarships to ‘‘(ii) Members appointed under clause (i) a service provider, seller of goods or services, be known as Guam World War II Loyalty shall be appointed for a term of a length that or other person in order to provide to a Scholarships, for claimants described in the President determines to be appropriate, claimant (or other person, as provided in paragraph (1) or (2) of subsection (c) or in but the length of such term shall not exceed paragraph (6)) a benefit referred to in sub- subsection (d)(6), or for such scholarships for 3 years. paragraph (B). the descendants of such claimants; and ‘‘(4) STAFF AND SERVICES.— ‘‘(C) DEVELOPMENT OF PROCEDURES.—The ‘‘(C) as the University determines appro- ‘‘(A) DIRECTOR.—The Commission shall Commission shall develop and implement priate, the University shall endeavor to have a Director who shall be appointed by procedures to carry out this paragraph. award the scholarships referred to in sub- the Commission. ‘‘(6) PAYMENTS ON CLAIMS WITH RESPECT TO paragraph (B) in a manner that permits the ‘‘(B) ADDITIONAL STAFF.—The Commission SAME DECEDENT.— award of the largest possible number of may appoint and fix the pay of such addi- ‘‘(A) AWARDS.—In the case of a claim based scholarships over the longest possible period tional staff as it may require. on the compensable injury of death, payment of time. ‘‘(C) INAPPLICABILITY OF CERTAIN PROVI- of an award under this section shall be di- ‘‘(f) GUAM TRUST FUND COMMISSION.— SIONS OF TITLE 5, UNITED STATES CODE.—The vided, as provided in the probate laws of ‘‘(1) ESTABLISHMENT.—There is established Director and the additional staff of the Com- Guam, among the heirs or next of kin of the the Guam Trust Fund Commission, which mission may be appointed without regard to decedent who file claims for such division by shall be responsible for making disburse- section 5311 of title 5, United States Code, such procedures as the Commission may pre- ments from the Guam Trust Fund in the and without regard to the provisions of such scribe. manner provided in this section. title governing appointments in the competi- ‘‘(B) INDIVIDUALS PROVING CONSANGUINITY ‘‘(2) USE OF GUAM TRUST FUND.—The Com- tive service, and may be paid without regard WITH CLAIMANTS FOR BENEFITS.—Each indi- mission may make disbursements from the to the provisions of chapter 51 and sub- vidual who proves consanguinity with a Guam Trust Fund only for the following chapter III of chapter 53 of such title, relat- claimant who has met each of the criteria uses: ing to classification and General Schedule specified in subsection (c)(2) shall be entitled ‘‘(A) To make payments, under subsection pay rates, except that the compensation of to receive an equal share of the benefit ac- (d), of awards and benefits. any employee of the Commission may not cruing under this section with respect to the ‘‘(B) To sponsor research and public edu- exceed a rate equivalent to the minimum claim of such claimant if the individual files cational activities so that the events sur- rate of basic pay payable for GS–15 of the a claim with the Commission by such proce- rounding the wartime experiences and losses General Schedule under section 5332(a) of dures as the Commission may prescribe. of the Guamanian people will be remem- such title. ‘‘(7) ORDER OF PAYMENTS.—The Commission bered, and so that the causes and cir- ‘‘(D) ADMINISTRATIVE SUPPORT SERVICES.— shall endeavor to make payments under this cumstances of this event and similar events The Administrator of General Services shall section with respect to awards before mak- may be illuminated and understood. provide to the Commission, on a reimburs- ing such payments with respect to benefits ‘‘(C) To pay reasonable administrative ex- able basis, such administrative support serv- and, when making payments with respect to penses of the Commission, including ex- ices as the Commission may request. awards or benefits, respectively, to make penses incurred under paragraphs (3)(C), (4), ‘‘(5) GIFTS AND DONATIONS.—The Commis- payments to eligible individuals in the order and (5). sion may accept, use, and dispose of gifts or of date of birth (the oldest individual on the ‘‘(3) MEMBERSHIP.— donations of funds, services, or property for date of the enactment of this Act, or if appli- ‘‘(A) NUMBER AND APPOINTMENT.—The Com- uses referred to in paragraph (2). The Com- cable, the survivors of that individual, re- mission shall be composed of 9 members who mission may deposit such gifts or donations, ceiving payment first) until all eligible indi- are not officers or employees of the United or the proceeds from such gifts or donations, viduals have received payment in full. States Government and who are appointed into the Trust Fund.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2219 ‘‘(6) TERMINATION.—The Commission shall ‘‘(i) LIMITATION OF AGENT AND ATTORNEY government and divisions of power be- terminate on the earlier of— FEES.—It shall be unlawful for an amount tween the federal and state govern- ‘‘(A) the expiration of the 6-year period be- exceeding 5 percent of any payment required ments found in the articles and the ginning on the date of the appointment of by this section with respect to an award or amendments of the Constitution. the first member of the Commission; or benefit to be paid to or received by any agent ‘‘(B) the date on which the Commission or attorney for any service rendered in con- Although our currency celebrates the submits to the Congress a certification that nection with the payment. Any person who men who first drafted the Constitution, all claims certified for payment under this violates this section shall be fined under it doesn’t celebrate their most nobel section are paid in full and no further claims title 18, United States Code, or imprisoned achievement. Shouldn’t this greatest of are expected to be so certified. for not more than 1 year, or both. American achievements be in the ‘‘(g) NOTICE.—Not later than 90 days after ‘‘(j) DISCLAIMER.—No provision of this sec- hands of all Americans? the appointment of the ninth member of the tion shall constitute an obligation for the All presidents, likewise all public of- Commission, the Commission shall give pub- United States to pay any claim arising out ficers, swear to ‘‘preserve, protect and lic notice in the territory of Guam and such of war. The compensation provided in this section is ex gratia in nature and intended defend’’ the Constitution. No country other places as the Commission deems appro- can survive if it loses its philosophical priate of the time limitation within which solely as a means of recognizing the dem- claims may be filed under this section. The onstrated loyalty of the people of Guam to moorings. The freedoms and liberties Commission shall ensure that the provisions the United States, and the suffering and dep- we enjoy give substance, value and of this section are widely published in the rivation arising therefrom, during World War meaning to the laws by which we live. territory of Guam and such other places as II. Our Nation’s philosophy can be taken the Commission deems appropriate, and the ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— for granted in the daily business of Commission shall make every effort both to There are authorized to be appropriated, lawmaking. Yet we can hear in John F. advise promptly all individuals who may be from sums appropriated to the Department of the Interior, such sums as may be nec- Kennedy’s inaugural address that we entitled to file claims under the provisions do not defend America’s laws, we de- of this title and to assist such individuals in essary to carry out this section, including the preparation and filing of their claims. the administrative responsibilities of the fend its philosophy—a philosophy em- ‘‘(h) REPORTS.— Commission for the 36-month period begin- bodied in the Constitution. ‘‘(1) COMPENSATION AND CLAIMS.—Not later ning on the date of the appointment of the Seventy-five percent of Americans than 12 months after the formation of the ninth member of the Commission. Amounts say that ‘‘The Constitution is impor- Commission, and each year thereafter for appropriated pursuant to this section are au- tant to them, makes them proud, and which the Commission is in existence, the thorized to remain available until ex- is relevant to their lives.’’ Commission shall submit to the Congress, pended.’’. So important is this document that the President, and the Governor of Guam a SEC. 3. RECOMMENDATION OF FUNDING MEAS- URES. we built the Archives in Washington to report containing a determination of the spe- house and safeguard it. Hundreds of cific amount of compensation necessary to Not later than 1 year after the date of the fully carry out this section, the expected submission of the first report submitted thousands go there each year to see it. amount of receipts to the Trust Fund, and under section 35(h)(1) of the Organic Act of However, ninety-four percent of Ameri- all payments made by the Commission under Guam (as added by section 2 of this Act), the cans don’t know all of the rights and this section. The report shall also include, President shall submit to the Congress a list freedoms found in the First Amend- with respect to the year which the report of recommended spending cuts or other ment. Sixty-two percent of Americans concerns— measures which, if implemented, would gen- can’t name our three branches of gov- erate sufficient savings or income, during ‘‘(A) a list of all claims, categorized by ernment. compensable injury, which were determined the first 5 fiscal years beginning after the date of the submission of such list, to pro- Six hundred thousand legal immi- to be eligible for an award or benefit under grants come to America each year. this section, and a list of all claims, cat- vide the amount of compensation necessary egorized by compensable injury, which were to fully carry out this section (as determined Often their first sight of America is the certified for payment under this section; and in such first report). Statue of Liberty, holding high her ‘‘(B) a list of all claims, categorized by torch, symbolizing our light and our compensable injury, which were determined By Mr. WARNER: freedom. Many of these immigrants be- not to be eligible for an award or benefit S. 525. A bill to require the Secretary come American citizens by the natu- under this section, and a brief explanation of of the Treasury to redesign the $1 bill ralization process and learn more the reason therefor. so as to incorporate the preamble to about the Constitution than many nat- ‘‘(2) ANNUAL OPERATIONS AND STATUS OF the Constitution of the United States, ural born citizens. TRUST FUND.—Beginning with the first full the Bill of Rights, and a list of the Ar- If America’s most patriotic symbol— fiscal year ending after submission of the ticles of the Constitution on the re- first report required by paragraph (1), and the Constitution—were on the back of annually thereafter with respect to each fis- verse side of such currency; to the the one dollar bill, wouldn’t we all cal year in which the Commission is in exist- Committee on Banking, Housing, and know more about our Government? ence, the Commission shall submit a report Urban Affairs. The Constitution should be in the to Congress, the President, and the Governor LIBERTY DOLLAR BILL ACT hands of every American. of Guam concerning the operations of the Mr. WARNER. Mr. President, I rise Our Constitution is a beacon of light Commission under this section and the sta- today to reintroduce the Liberty Dol- for the world. People everywhere tus of the Trust Fund. Each such report shall lar Bill Act. should be able to hold up our one dollar be submitted not later than January 15th of the first calendar year beginning after the Last year, students at Liberty Middle bill as a symbol of the freedom of mod- end of the fiscal year which the report con- School in Ashland, Virginia came up ern democracy. cerns. with an idea. The measure I introduce I am proud to join my colleague in ‘‘(3) FINAL AWARD REPORT.—After all today simply implements their vision. the House of Representatives, Chair- awards have been paid to eligible claimants, This bill directs the Treasury to place man TOM BLILEY, and reintroduce the the Commission shall submit a report to the the actual language from the Constitu- companion legislation in the Senate. Congress, the President, and the Governor of tion on the back of the one dollar bill. The Liberty Dollar Bill Act directs the Guam certifying— Our founding fathers met in 1787, to Secretary of the Treasury to incor- ‘‘(A) the total amount of compensation write what would become the model for paid as awards under this section, broken porate the preamble to the Constitu- down by category of compensable injury; and all modern democracies—the Constitu- tion of the United States, the Bill of ‘‘(B) the status of the Trust Fund and the tion. Washington, Madison, Franklin, Rights, and a list of the Articles of the amount of any existing balance thereof. Hamilton and many other great Ameri- Constitution on the reverse side of the ‘‘(4) FINAL BENEFITS REPORT.—After all cans met for four months that year to one dollar bill. benefits have been paid to eligible claimants, ignite history’s greatest light of gov- Mr. President, I agree with the stu- the Commission shall submit a report to the ernment. dents of Liberty Middle School. The Congress, the President, and the Governor of They argued, fought, and com- Constitution belongs to the people. It Guam certifying— promised to create a lasting democ- ‘‘(A) the total amount of compensation should be in their hands. paid as benefits under this section, broken racy, built on a philosophy found in the I want to commend the students of down by category of compensable injury; and preamble of the constitution. And they Liberty Middle School and their teach- ‘‘(B) the final status of the Trust Fund and protected this philosophy and these er, Mr. Randy Wright for their con- the amount of any existing balance thereof. ideals by creating three branches of tribution to our Nation. I hope all my

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2220 CONGRESSIONAL RECORD — SENATE March 3, 1999 colleagues in the Senate will see the cilities that can use private activity of accessing the public capital mar- wisdom of these students and join me bonds. As you can see, these bonds are kets. as a cosponsor of this legislation. Let used to finance a wide range of public Changing these current tax laws the Nation hear that the younger gen- projects: from airports and mass com- would help local school districts eration can provide ideas that become muting facilities, to qualified residen- throughout the United States. Our leg- the laws of our land. tial rental projects and environmental islation would foster even more innova- enhancements of hydroelectric gener- tive approaches to finance the building By Mr. GRAHAM (for himself, ating facilities. and refurbishment of our public Mr. GRASSLEY, Mr. DEWINE, Mr. The importance of adding public edu- schools. Such public-private partner- TORRICELLI, Mrs. HUTCHISON, cational facilities to this list is that ships would speed construction of new and Mr. KERREY): these bonds would be tax exempt. And schools and reduce costs to commu- S. 526. A bill to amend the Internal I emphasize the word public because nities. Revenue Code of 1986 to allow issuance private non-profit elementary and sec- Mr. GRASSLEY. Mr. President, of tax-exempt private activity bonds to ondary schools already have the ability today, I am joining my colleague from finance public-private partnership ac- to issue tax-exempt facility bonds. Florida, Senator GRAHAM, in intro- tivities relating to school facilities in Public schools should have the same ducing the School Construction Fi- public elementary and secondary tax treatment. Our legislation gives nancing Improvement Act of 1999. schools, and for other purposes; to the public schools parity with private The single most important source of Committee on Finance. schools. funding for investment in public school THE PUBLIC SCHOOL CONSTRUCTION The public/private partnership in construction and rehabilitation is the PARTNERSHIP ACT school construction through the use of tax-exempt bond market. Tax-exempt Mr. GRAHAM. Mr. President, I rise private activity bonds is already being bonds finance approximately 90 percent today along with Senators GRASSLEY, used in the Canadian Province of Nova of the nation’s investment in public KERREY, DEWINE, TORRICELLI, and Scotia. Here is how it works: a private schools. In my home state of Iowa over HUTCHISON to introduce the Public corporation builds the school and $625 million in tax-exempt bonds were School Construction Partnership Act. leases it to the school district at a re- issued to school districts in 1998 alone. There is a well-recongized need As teachers, students, parents, and duced rate. The private entity supple- throughout the country for billions of school administrators know, the ments the cost of the building by leas- additional new dollars in school con- United States faces a school infrastruc- ing it for other uses during non-school ture crisis. Many of our schools are struction and rehabilitation. A report hours. from the General Accounting Office more than 50 years old and crumbling, This approach has been a success. Ac- says urban schools alone need $112 bil- and the General Accounting Office esti- cording to a study by Ron Utt at the lion in repairs over three years to bring mates that it will cost about $112 bil- Heritage Foundation, 41 new schools their buildings back into working lion to bring them into good repair. have either been completed or ap- Moreover, this estimate does not take order. That same study says about 14 proved for construction under the Pub- million children attend U.S. schools in into account the need for new con- lic/Private Partnership Program. In need of extensive repairs, and about 7 struction. The U.S. Department of Edu- the next three years, Nova Scotia ex- million attend schools with life threat- cation projects that some 1.9 million pects to replace 10 percent of its ening safety code violations. more students will be entering schools schools through such partnerships. American schoolchildren attending in the next 10 years. At current prices, I am optimistic that enabling com- schools with leaky roofs, inadequate it will cost about $73 billion to build munities in the United States to have bathrooms, poor air quality, and unre- the new schools needed to educate this the same opportunity will foster the liable fire protection equipment is an growing student population. Mr. Presi- same results. unacceptable state of affairs. We need dent, I might add that my own State is Another portion of this legislation to step up to the plate and address this gaining 60,000 new students each year. would help relieve some of the burdens issue, not only promptly, but also prop- By the end of the decade, Florida’s stu- on small and rural school districts. erly. The administration’s proposed use dent enrollment will have increased 25 Current law relieves small issuers of of tax credit bonds is inherently un- percent more than the population as a tax-exempt bonds for qualified school workable and inefficient. The school whole. construction from onerous federal arbi- districts in states all across this land Education is rightfully a state and trage regulations, but more relief is need greater flexibility not more fed- local matter, but the federal govern- needed. The calculations required to eral regulations and controls. ment can play a helpful, non-intrusive determine the amount of arbitrage re- Tax-exempt bonds have proven to be role in assisting communities over- bate are extremely complex and often an effective financial instrument to whelmed by explosive increases in stu- require that a local government hire an fund school rehabilitation and con- dent enrollment. We at the federal outside consultant. Despite the trouble struction. Therefore, it is appropriate level should help empower local school and expense of compliance, rebate and necessary to examine tax code lim- districts to find innovative, cost effec- amounts are usually quite small. Local itations on the use of tax-exempt bonds tive ways to finance new schools and governments sometimes spend much for schools and to consider ways to repair aging ones. more to comply with the rebate rules amend the code to give school districts The bill I am introducing today with than the amount actually rebated to even greater access to the capital they Senator GRASSLEY provides new flexi- the Treasury. earnestly need and deserve. Let’s ex- bility to state and local efforts to fi- This legislation would permit school pand on something that works. nance new schools and repair older districts to keep funds earned on bond The administration has proposed pol- ones. I believe that we should be pro- proceeds instead of reimbursing the icy initiatives to enhance and expand viding a ‘‘cafeteria plan’’ of options to Treasury Department if the bonds of- the use of tax credit bonds called choose from in order to enable local fered by the district totalled less than ‘‘Qualified Zone Academy Bonds’’ or and state governments to have a vari- $15 million that year, or if the bonds QZABs. However the QZAB program ety of financing tools available to are spent within four years. has proven incapable of attracting in- them. An innovative means of financ- Our legislation would also increase vestors due to inherent flaws in tax ing the building or renovation of a the amount of bonds banks can hold credit bonds that make them ex- school in an urban area like Miami and still receive tax exempt status. tremely illiquid and unpredictable in- won’t necessarily be the best option for Currently, banks may deduct their in- vestments, and specific limitations on a rural town in Iowa. Therefore, our terest expense for loans if the bonds the use of these bonds imposed by the legislation provides four different al- are less than $10 million in a one year federal government on the states. ternatives to ease the burden of financ- period. We would increase that limit to These significant and crippling limita- ing public school construction. $25 million, allowing school bonds to be tions include the exclusion of indi- One alternative is to add educational bought directly by the banks without vidual investors from purchasing facilities to the list of 12 types of fa- having to undertake the complexities QZABs,

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2221 the requirement that school districts schools receive the crucial funds nec- few years back there were 500,000 steel- secure hard to come by ‘‘private busi- essary to build and repair America’s workers in the United States; now that ness contributions’’, and prohibitions schools. number is down to about 160,000, and on the use of QZABs to fund new school more are going daily and weekly as a construction projects. By Mr. HATCH: result of this dumped steel coming into Experience and study has shown that S. 527. A bill to amend the Har- the United States. tax exempt bonds are a more workable, monized Tariff Schedule of the United The existing laws are totally insuffi- more efficient, and more popular alter- States to suspend temporarily the duty cient. When the administrative proce- native to QZABs. This bill reflects my with respect to the personal effects of dures are taken under existing law, it belief that the wisest course to achiev- participants in certain athletic events; takes months. For example, complaints ing the goal of providing schools with to the Committee on Finance. filed in September of 1998 will not be necessary capital to build and rehabili- TREATMENT OF PERSONAL EFFECTS OF PARTICI- heard, adjudicated, decided, until May. tate our nation’s schools is to continue PANTS IN CERTAIN WORLD ATHLETIC EVENTS Then there will be some retroactive refining tax code limitations on the use Mr. HATCH. Mr. President, I am in- duty imposition. Meanwhile, thousands of tax-exempt bonds. troducing today an amendment to sub- of steelworkers will be losing their The legislation Senator GRAHAM and chapter II of chapter 99 of the Har- jobs. The steel industry will be suf- I are introducing today is designed to monized Tariff Schedule of the United fering tremendous losses from which it narrowly target the use of tax-exempt States. My amendment would allow cannot recover. bonds to school construction alone and athletes participating in world events, Beyond the issue of the industry do not change any tax code provisions such as the Salt Lake 2002 Winter itself and the workers, we have the designed to prevent abuse of bond Olympic Games, to bring into the paramount issue on national defense, issuance authority. United States, duty free, such personal the industrial base for the United The first provision would allow effects as equipment expressly used in States. school districts to make use of public- the sporting events, and then re-ex- My legislation would provide a pri- private partnerships in issuing tax-ex- ported with departing athletes at the vate right of action so that injured par- empt bonds for public school construc- termination of the events. ties could go into a Federal court, into tion or rehabilitation. The bonds would This bill is needed to relieve both a court of equity, and get immediate be exempt from the annual state vol- Customs officials and event partici- relief. This legislation is similar to leg- ume caps. This will allow schools to le- pants of immense amounts of docu- islation which I have introduced as far verage private investment in school fa- mentation required in the past for such back as 1982 where I sought injunctive cilities and would encourage school exceptions to Customs laws and prac- relief. It now appears that injunctive districts to partner with private inves- tices. However, this amendment does relief is not consistent with GATT, al- tors in new and creative ways. not exempt such items from inspection though GATT international trade laws The second provision addresses the by Customs officials, inspections which are consistent with U.S. trade laws current two year construction spend- can be made entirely on their discre- which prohibit subsidized or dumped down exemption in arbitrage rebate tion, nor does it allow the entry of goods from coming into the United regulations. This policy allows the ex- items barred under current law. This States. emption of bonds from arbitrage rebate The remedy which is provided in this same bill, which I introduced in the if the issuer spends virtually all its bill would be that tariffs would be im- prior, 105th Congress was favorably re- bond proceeds within two years of the posed at the direction of the Federal ported out by both the House Ways and time these bonds for construction court as the form of equitable relief, Means Committee and the Senate Fi- projects are issued. We recommend an and these tariffs would then be paid nance Committee, and incorporated in extension of this exemption from two over to the damaged parties—to the the Omnibus Trade Bill which failed years to four years for school bonds. steelworkers who had sustained dam- passage. Often the two year limit is insufficient ages as a result of losing their jobs and to cover major construction projects, By Mr. SPECTER: to the steel companies which had sus- especially when multiple projects are S. 528. A bill to provide for a private tained damages from loss of sales as a funded from a single bond issue. The right of action in the case of injury result of this illegal steel coming into extension of time limit on the exemp- from the importation of certain the United States which is dumped or tion provision will also improve the dumped and subsidized merchandise; to subsidized. There have been rallies held across flexibility of school districts that use the Committee on Finance. bonds and relive the school bond issuer the United States and on the west end UNFAIR FOREIGN COMPETITION ACT OF 1999 from superfluous and burdensome tax of the Capitol not too long ago. The compliance costs. Mr. SPECTER. Mr. President, I have Senate Steel Caucus, which I have the The second provision would also raise sought recognition for the purpose of privilege to chair, has had a series of from $10 million to $15 million the vol- introducing the Unfair Foreign Com- hearings, including one in Pittsburgh ume of school construction bonds a petition Act of 1999. This legislation is on February 18. small school district could issue each in response to a crisis facing the steel There are a variety of legislative pro- year and still qualify for the small- industry in the United States as a re- posals now pending before the Con- issuer arbitrage rebate exemption. This sult of subsidized and dumped goods gress: Tariffs, changing the U.S. law to provision expands the benefits of the coming into the United States from a conform to international laws to make small-issuer rebate exemption to a variety of countries—from Russia, it easier to get relief under 201 and 301. much broader universe of small school from Brazil, from Japan, from Indo- But there is nothing on the books bond issuers. nesia—where steel is being sold in the which would be as effective as the kind The third provision of the bill would United States at far under cost of pro- of equitable relief which would be pro- permit banks to invest in certain quali- duction and far under the price steel is vided by this private right of action. fied tax-exempt school construction being sold for in those countries. There is litigation pending now in the bonds without penalty. Before the Tax We know the financial problems Federal court in Ohio brought by Reform Act of 1986 that imposed a tax which are present now in Russia where Wheeling-Pittsburgh where, after I penalty on banks that earn tax-exempt they are very anxious to have dollars conferred with the officials of that interest, commercial banks were one of and are selling steel in America for company, they brought an equity ac- the most active groups of investors in anything, virtually, that they can get tion in the State courts seeking equi- the municipal bond market. This provi- for it. A similar problem has arisen table relief, and it has since been trans- sion would directly reduce the cost of with respect to other countries. ferred to the Federal courts. I believe borrowing for new school construction The steel industry has modernized, that cause of action, that claim for re- and would result in more investment in spending some $50 billion, and simply lief in the Federal court, is well found- public schools. cannot compete with this kind of sub- ed. I urge my colleagues to join Senator sidy on dumped goods. Thousands of This legislation would remove any GRAHAM and myself in trying to help steelworkers are losing their jobs. A doubt that the injured parties—the

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2222 CONGRESSIONAL RECORD — SENATE March 3, 1999 workers, the companies, injured par- fense policy—and move it into court, merce Department’s revelation that ties—would have a right to go into where the rule of law will govern and Russia, one of the world’s least effi- Federal court to get this relief on a where, on a showing that there is a vio- cient producers, was selling steel plate prompt basis. lation of U.S. trade laws, a showing of in the United States at more than 50 In a court of equity, as the distin- a violation of international trade laws, percent or $110 per ton below the con- guished Presiding Officer knows, hav- and there is a remedy which is GATT structed cost to make this product, ing litigated extensively himself, it is consistent, which is to impose tariffs. which ultimately costs our steel com- possible to get a temporary restraining The approach of having the tariffs then panies in lost sales and results in fewer order, a TRO, on an ex parte basis by paid over to the damaged parties is an jobs for American workers. the filing of affidavits. When that is idea which was originated by the dis- As chairman of the Senate Steel Cau- done, then there has to be a hearing tinguished Senator from Ohio, Senator cus, I am well aware that the current within 5 days where the moving party DEWINE, on legislation which he has in- financial crisis in Asia and elsewhere then seeks a preliminary injunction. troduced. has generated surges in U.S. imports of Then the court hears the evidence and When we had sought injunctive relief, steel. Recently released statistics by makes a determination as to a prelimi- it had been sufficient just to stop the the Department of Commerce note that nary injunction, and then further hear- steel from coming into the United the year-to-date final statistics ings to make a determination as to a States immediately, and then there through November of 1998 show steel permanent injunction. I outline that would have been no further damage. imports of 35.1 million metric tons, an very, very briefly to signify the speed That is not GATT consistent. It is increase of 8.7 million metric tons over that you can have action if you go into GATT consistent to have duties im- the 26.4 million metric tons through the Federal court. posed, and then if any steel comes in, November 1997. While the preliminary A court of equity is designed to pro- those duties ought to be a deterrent to data on steel imports for December 1998 vide prompt relief upon the showing of stop dumped and subsidized steel from shows a decrease in imports of hot- the requisite proofs. The difficulty coming into the United States. But to rolled steel products, one month is not with waiting for administrative action, the extent any further steel comes in, a trend. In fact, overall steel imports action by the executive branch, is that those duties would be collected by the in 1998 were considerably higher than we know as a matter of experience that Treasury and then paid over to the in- in 1997, and total imports of hot-rolled the executive branch defers to foreign jured parties—the steelworkers who steel were up 73 percent from 1997 to policy or defense policy. have lost wages or lost their jobs, or 1998. The flooding of steel on the U.S. There is grave concern in the admin- the industry which has been damaged market from Asian countries, as well istration, expressed by a variety of ad- by this illegal dumping and this illegal as countries of the former Soviet Union ministration officials, about what will subsidy. and Brazil, have led the Senate and happen to the Russian economy. Of Mr. President, I have sought recogni- House Steel Caucuses to hold joint course, there are grounds for concern tion to reintroduce legislation to pro- hearings and receive testimony from about the Russian economy but not vide for a private right of action for an steel company executives and union sufficient concerns so as to override injured party to sue in Federal court to representatives on the growing prob- what will happen to the American steel stop goods from coming into this coun- lems of steel imports and their trou- industry. What happens to the Rus- try which are subsidized, dumped or bling effect on our economy and our sians is important but, frankly, not as otherwise sold in violation of our trade ability to retain high-paying jobs. important to this Senator as what hap- laws. My legislation, the Unfair For- I believe in free trade. But the es- pens to Pennsylvanians or to people in eign Competition Act of 1999, is based sence of free trade is selling goods at a West Virginia or to people in Indiana, on legislation I have introduced since price equal to the cost of production Ohio, or Illinois—to mention only a few 1982 and most recently during the 103rd and a reasonable profit. Where you of the States which are impacted by Congress in 1993. have dumping—the sale of goods in the these subsidized and dumped goods. I have revised the legislation so that United States at prices lower than the I am reminded, Mr. President, about at the conclusion of the case and upon price at which such goods are being an event back in 1984 when there was a the finding of liability, the court will sold by the producing companies in favorable ruling for the steel industry direct the Customs Service to assess an their own country or in some other from the International Trade Commis- antidumping duty on the dumped or country—it is the antithesis of free sion. The President had the authority subsidized product. Duties collected trade. We have too long sacrificed to override that determination. My will be distributed to steelworkers for American industry and American jobs then colleague Senator Heinz and I damages sustained from loss of wages in the name of foreign policy or defense made the rounds of the International resulting from loss of jobs due to ille- policy, without having the proper en- Trade Representative, William Brock, gal imports, and the affected domestic forcement of the laws because the exec- and of the Secretary of Commerce, producers of the product for qualifying utive branch, whether it is a Demo- Malcolm Baldrige, and we found great expenditures which may include equip- cratic administration or a Republican sympathy with having the laws of the ment, research and development, per- administration, has made concessions United States and the international sonnel training, acquisition of tech- for foreign policy and defense interests. trade laws enforced. When we talked to nology, health care benefits, pension For many years, foreign policy and the Secretary of State and the Sec- benefits, environmental equipment, defense policy have superseded basic retary of Defense, they were more con- training or technology, acquisition of fairness on trade policy. I received a cerned about their problems—foreign raw materials, or borrowed working comprehensive education on this sub- policy and defense policy. Ultimately, capital. ject back in 1984 when there was a fa- the President overruled the Inter- I am introducing this legislation to vorable ruling by the ITC for the Amer- national Trade Commission to the det- respond to the substantial dumping of ican steel industry, but it was subject riment of the American steel industry. foreign goods on the U.S. market, par- to review by the President. At that Regrettably, that is what happens. ticularly steel. As Hank Barnette, chief time my colleagues, Senator Heinz and We have had meetings of the Steel executive officer of Bethlehem Steel, I visited every one of the Cabinet offi- Caucus with the key officials of the ex- wrote as early as in an August 6, 1998 cers in an effort to get support to see ecutive branch. When it comes to the op-ed in the Washington Times, the to it that International Trade Commis- Secretary of Commerce or the Trade United States has become ‘‘The Dump- sion ruling in favor of the American Representative, there has been a cer- ing Ground’’ for foreign steel. He noted steel industry was upheld. Then-Sec- tain amount of sympathy for the posi- that Russia has become the world’s retary of Commerce Malcolm Baldrige tion of the steel industry. number one steel exporting nation and was favorable, and International Trade What we need to do is to take this that China is now the world’s number Representative Bill Brock was favor- issue out of international politics—pol- one steel-producing nation, while enor- able. We received a favorable hearing itics at the highest level, where there mous subsidies to foreign steel. As one in all quarters until we spoke with are concerns for foreign policy or de- example, Mr. Barnette cited the Com- then-Secretary of State Shultz and

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2223 then-Secretary of Defense Weinberger to require deposits or bonds on im- provide a private right of action in who were absolutely opposed to the ported steel from these countries for 90 Federal court to enforce existing laws ITC ruling. President Reagan decided days prior to the dumping margin de- prohibiting illegal dumping or customs to overrule the ITC, and U.S. trade pol- termination and for any steel from fraud. icy and workers again took second these countries brought in after the de- I expanded the scope of this bill in S. place to foreign policy concerns. termination. The Department of Com- 1396, which I introduced on June 19, In the current environment, I believe merce is not expected to make a final 1987, to revise the subsidy provision to more than ever that it is necessary for determination until May 5, 1999; how- include a private right of action to an injured industry to have an oppor- ever, the assessment of duties is con- allow injured American parties to sue tunity to go into federal court and seek tingent on a favorable determination in Federal court for injunctive relief enforcement of America’s trade laws, on injury to the domestic industry against, and monetary damages from, which are currently not being enforced made by the International Trade Com- foreign manufacturers and exporters adequately by the executive branch. mission on June 12, 1999. who receive subsidies and any importer The only way to handle these impor- Assuming that all decisions are fa- related to the manufacturer or ex- tant issues is to see to it that there is vorable, the petitioning industry will porter. This bill would have provided a a private right of action, which is a have waited for months before any ac- comprehensive approach to address time-honored approach in the context tion is taken to remedy the injury done three of the most pernicious, unfair ex- of antitrust law. I believe this is abso- to the industry and its workers. There- port strategies used by foreign compa- lutely necessary if the steel industry fore, a private right of action is nec- nies against American companies: and other U.S. industries subject to un- essary to enable our domestic indus- dumping, subsidies, and customs fraud. fair foreign competition are to have tries to counter foreign subsidies, During full Senate consideration of fairness and to be able to stop foreign dumping, and customs fraud in a time- the Omnibus Trade and Competitive- subsidized and dumped products from ly manner. My bill accomplishes this ness Act (S. 490), I filed the text of S. coming into this country. by providing timely relief by allowing 1396 as Amendment No. 315 on June 19, CURRENT ADMINISTRATIVE REMEDIES for the recovery of tariffs as a result of 1987, and offered it as an amendment to I have long been concerned about the the illegal import. the trade bill on June 25, 1987. This export of subsidized or dumped goods We have seen a long history where amendment, however, was tabled. I to the U.S. market and its impact on American industries have been preju- again filed the text of this bill as an U.S. jobs and industries. Even when our diced, and American jobs have been amendment to the Textile and Apparel government does act aggressively to lost, due to subsidized and dumped Trade Act, S. 2662, on September 9, enforce U.S. trade laws, the process is goods coming into this country. There 1988, and to the Technical Corrections extremely time consuming. It can take is no adequate remedy at the present Act, S. 2238, on September 29, 1988. months after filing a dumping action time to provide domestic industries On July 15, 1987, I joined Senator for the Commerce Department to com- with timely relief from the damage Heinz as an original cosponsor of an plete its investigations, from the sum- caused by such imports. amendment to S. 490 to provide a pri- mary investigation to determine the HISTORY OF THE PRIVATE RIGHT OF ACTION vate right of action in the U.S. Court adequacy of the petition, to the formal LEGISLATION of International Trade for damages investigation of the evidence pre- Since entering the Senate, I have from customs fraud. Although the sented. The Commerce Department been actively involved on this issue. On amendment was accepted by the Sen- then issues a preliminary determina- March 4, 1982, I introduced S. 2167 to ate, it unfortunately was dropped in tion that products are being sold in the provide a private right of action in fed- conference. United States at less than fair value. eral courts to enforce existing laws In the 102nd Congress, I introduced The Department must then make a prohibiting illegal dumping or sub- similar legislation, S. 2508, because the final determination, which can con- sidizing of foreign imports. Hearings Voluntary Restraint Agreements pro- sume several more months. In order to were held on this bill before the Judici- gram was allowed to lapse in spite of secure any relief, though, the Inter- ary Committee on May 24 and June 24, the fact that no multilateral steel national Trade Commission (ITC) must 1982. On December 15, 1982, I offered the agreement was in place. In fact, as an- also independently review the case and text of this bill on the Senate floors as nounced by the United States Trade make a determination about whether an amendment, which was tabled by a Representative, talks on the steel ac- the imports materially injure, or slim margin of 51 to 47. cord had broken down. I might add threaten to injure, the U.S. industry. If During the 96th Congress, I reintro- that this was somewhat strange, Mr. the ITC finds injury or threat of injury, duced this legislation as S. 416 on Feb- President, if not incomprehensible. The the Commerce Department instructs ruary 3, 1983. The Judiciary Committee steel industry had been awaiting an the Customs Service to collect anti- held a hearing on this bill on March 21, agreement on a multilateral steel ac- dumping duties. 1983. I offered the text of S. 418 as an cord which would have prevented sub- In the current hot-rolled carbon steel amendment to the Omnibus Tariff and sidized and dumped goods from coming case currently before the Administra- Trade Act of 1984 on September 19, 1984; into the United States, and then there tion, the petitioners filed on Sep- the amendment was tabled. was a specific recognition by the Trade tember 30, 1998. The investigation by During the 99th Congress, I reintro- Representative, that the effort failed. the Commerce Department’s Inter- duced this legislation as S. 236; I ex- Not to extend the voluntary restraint national Trade Administration was not panded the scope of this bill to include program at that time was a bit mysti- initiated until October 15, 1998. On No- customs fraud violations and intro- fying. In any event, the Judiciary Com- vember 23, 1998, the Commerce Depart- duced S. 1655 on September 18, 1985, and mittee favorably reported S. 2508 by ment found ‘‘critical circumstances’’ in the Judiciary Committee favorably re- unanimous voice vote on August 12, the case. Commerce determined that ported the bill by unanimous voice 1992. Again, the press of other business there was a surge in imports from vote on March 20, 1986. The Finance prevented the Senate from taking up Japan and Russia. This determination, Subcommittee on International Trade this legislation on the floor. coupled with the preliminary injury de- held a hearing on S. 1655 pursuant to a In the 103rd Congress, I introduced cision, allows the Commerce Depart- sequential referral agreement. Signifi- this legislation again, S. 332, in an ef- ment to assess duties retroactively 90 cant progress was made toward reach- fort to move the legislative process for- days from the preliminary determina- ing a unanimous consent agreement for ward. The legislation was referred to tion. On February 12, 1999, the Depart- full Senate consideration of S. 1655 the Judiciary Committee, but once ment of Commerce determined the pre- prior to adjournment of the 99th Con- again, the press of Senate business pre- liminary dumping margin for Japan gress, but the press of other business vented further action on the bill. and Brazil. Later, on February 22, a prevented its coming to the floor for UNFAIR FOREIGN COMPETITION ACT OF 1999 preliminary dumping margin for Rus- action. In the 104th Congress, Senator KOHL sia was determined. The Commerce De- In the 100th Congress, I reintroduced and I introduced legislation to crim- partment then instructed U.S. Customs comprehensive legislation, S. 361, to inalize economic espionage, which was

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The bill face of illegal trade practices such as vania [Mr. SANTORUM] was added as a that I am introducing toady, the Un- dumping, subsidies, and customs fraud. cosponsor of S. 271, a bill to provide for fair Foreign Competition Act of 1999 The best way to handle these trade education flexibility partnerships. will help to combat another form of il- issues is to provide a private right of S. 280 legality—the illegal subsidization and action which will allow U.S. industries At the request of Mr. FRIST, the dumping of foreign products into U.S. the ability to stop foreign subsidies name of the Senator from Pennsyl- markets, which steal jobs from our and dumping on the U.S. market in a vania [Mr. SANTORUM] was added as a workers, profits from our companies timely fashion. cosponsor of S. 280, a bill to provide for and economic growth from our econ- Mr. President, I ask unanimous con- education flexibility partnerships. omy. sent the text of the bill be printed in At the request of Mr. BUNNING, his This legislation provides a private the RECORD. name was added as a cosponsor of S. right of action in federal courts for in- The PRESIDING OFFICER. Without 280, supra. dividuals or corporations who have objection, it is so ordered. S. 319 been injured by dumping, subsides, or Mr. SPECTER. I thank the Chair and customs fraud violations. The bill will I thank my colleague from Vermont. At the request of Mr. LAUTENBERG, the name of the Senator from Cali- enable industries to seek relief through f the Federal courts to halt the illegal fornia [Mrs. BOXER] was added as a co- importation of products. ADDITIONAL COSPONSORS sponsor of S. 319, a bill to provide for There is nothing like the vigor of pri- S. 7 childproof handguns, and for other pur- vate plaintiffs when it comes to the en- At the request of Mr. DASCHLE, the poses. forcement of our trade laws. We need name of the Senator from Hawaii [Mr. S. 331 vigorous private enforcement—that AKAKA] was added as a cosponsor of S. At the request of Mr. JEFFORDS, the this bill would spur—if we are to suc- 7, a bill to modernize public schools for names of the Senator from Oregon [Mr. cessfully chart a course between the the 21st century. WYDEN] and the Senator from Lou- grave dangers of increased protec- S. 85 isiana [Ms. LANDRIEU] were added as tionism and the certain peril which At the request of Mr. BUNNING, the cosponsors of S. 331, a bill to amend the would result from unabated illegal for- names of the Senator from Rhode Is- Social Security Act to expand the eign imports. land [Mr. CHAFEE] and the Senator availability of health care coverage for I believe the bill I am introducing from Louisiana [Mr. BREAUX] were working individuals with disabilities, today would have an important deter- added as cosponsors of S. 85, a bill to to establish a Ticket to Work and Self- rent effect on the practices of our for- amend the Internal Revenue Code of Sufficiency Program in the Social Se- eign trading partners. Under this bill, 1986 to reduce the tax on vaccines to 25 curity Administration to provide such an injured party could file suit in the cents per dose. individuals with meaningful opportuni- U.S. federal district court for the Dis- ties to work, and for other purposes. trict of Columbia or the Court of Inter- S. 98 S. 346 national Trade. If dumping or subsidies At the request of Mr. MCCAIN, the At the request of Mr. ROBB, his name and injury are found, the court would names of the Senator from Alabama then direct the Customs Service to as- [Mr. SHELBY], the Senator from Ala- was added as a cosponsor of S. 346, a sess duties on future importation of bama [Mr. SESSIONS], and the Senator bill to amend title XIX of the Social the article in question. from Ohio [Mr. DEWINE] were added as Security Act to prohibit the Since current administrative rem- cosponsors of S. 98, a bill to authorize recoupment of funds recovered by edies are not consistently and effec- appropriations for the Surface Trans- States from one or more tobacco manu- tively enforced through the Commerce portation Board for fiscal years 1999, facturers. Department and the World Trade Orga- 2000, 2001, and 2002, and for other pur- At the request of Mr. GRAHAM, the nization, this private right of action is poses. name of the Senator from Michigan necessary to enforce the spirit of the S. 174 [Mr. LEVIN] was added as a cosponsor of law. At the request of Mr. MOYNIHAN, the S. 346, supra. A reason to support this bill lies in names of the Senator from Massachu- S. 368 its simplicity. We can enact this legis- setts [Mr. KENNEDY] and the Senator At the request of Mr. COCHRAN, the lation immediately without interfering from Virginia [Mr. ROBB] were added as name of the Senator from Alabama with or precluding more complex set of cosponsors of S. 174, a bill to provide [Mr. SESSIONS] was added as a cospon- initiatives. The essence of this bill is to funding for States to correct Y2K prob- sor of S. 368, a bill to authorize the promote enforcement of existing trade lems in computers that are used to ad- minting and issuance of a commemora- laws and agreements, and, therefore, minister State and local government tive coin in honor of the founding of use our existing trade laws as our best programs. Biloxi, Mississippi. defense against unfair foreign prac- S. 247 S. 371 tices. My bill will free private enter- At the request of Mr. HATCH, the At the request of Mr. GRAHAM, the prise to pursue remedies without delay name of the Senator from Wisconsin names of the Senator from Indiana and put a halt to many discriminatory [Mr. FEINGOLD] was added as a cospon- [Mr. LUGAR] and the Senator from trade practices. sor of S. 247, a bill to amend title 17, Vermont [Mr. JEFFORDS] were added as I ask my colleagues to join me now United States Code, to reform the cosponsors of S. 371, a bill to provide in supporting this legislation to pro- copyright law with respect to satellite assistance to the countries in Central vide relief to he unfair trade practices retransmissions of broadcast signals, America and the Caribbean affected by which constrain our nation’s industry. and for other purposes. Hurricane Mitch and Hurricane We should be proud of the many im- S 258 Georges, to provide additional trade provements made by our industrial . base over the past decade. Our corpora- At the request of Mr. MCCAIN, the benefits to certain beneficiary coun- tions invested capital and the quality names of the Senator from Rhode Is- tries in the Caribbean, and for other of our products has risen dramatically; land [Mr. CHAFEE] and the Senator purposes. however, our nation’s workers have from Oregon [Mr. WYDEN] were added S. 391 suffered significant job losses while our as cosponsors of S. 258, a bill to author- At the request of Mr. KERREY, the corporations have tried to become ize additional rounds of base closures names of the Senator from Alabama more lean and competitive. Clearly our and realignments under the Defense [Mr. SESSIONS], the Senator from Cali- business sector and each and every Base Closure and Realignment Act of fornia [Mrs. FEINSTEIN], and the Sen- American has participated in and borne 1990 in 2001 and 2003, and for other pur- ator from California [Mrs. BOXER] were the burden of improving our competi- poses. added as cosponsors of S. 391, a bill to tive position. S. 271 provide for payments to children’s hos- Even these significant advances how- At the request of Mr. FRIST, the pitals that operate graduate medical ever, are insufficient to compete in the name of the Senator from Pennsyl- education programs.

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Therefore, State educational of Senate Joint Resolution 3, a joint agencies are often in the best position to added as cosponsors of S. 434, a bill to resolution proposing an amendment to amend the Internal Revenue Code of align waivers of Federal and State require- the Constitution of the United States ments with State and local initiatives. 1986 to simplify the method of payment to protect the rights of crime victims. (5) The Education Flexibility Partnership of taxes on distilled spirits. Demonstration Act allows State educational SENATE JOINT RESOLUTION 11 S. 445 agencies the flexibility to waive certain Fed- At the request of Mr. JEFFORDS, the At the request of Mr. SMITH, the eral requirements, along with related State name of the Senator from North Da- names of the Senator from Idaho (Mr. requirements, but allows only 12 States to kota [Mr. CONRAD] was added as a co- CRAIG), the Senator from Idaho (Mr. qualify for such waivers. sponsor of S. 445, a bill to amend title CRAPO), and the Senator from Okla- (6) Expansion of waiver authority will XVIII of the Social Security Act to re- homa (Mr. INHOFE) were added as co- allow for the waiver of statutory and regu- sponsors of Senate Joint Resolution 11, latory requirements that impede implemen- quire the Secretary of Veterans Affairs tation of State and local educational im- and the Secretary of Health and a joint resolution prohibiting the use of funds for military operations in the provement plans, or that unnecessarily bur- Human Services to carry out a dem- den program administration, while main- onstration project to provide the De- Federal Republic of Yugoslavia (Serbia taining the intent and purposes of affected partment of Veterans Affairs with and Montenegro) unless Congress en- programs, and maintaining such funda- medicare reimbursement for medicare acts specific authorization in law for mental requirements as those relating to healthcare services provided to certain the conduct of those operations. civil rights, educational equity, and account- medicare-eligible veterans. SENATE CONCURRENT RESOLUTION 5 ability. (7) To achieve the State goals for the edu- S. 446 At the request of Mr. BROWNBACK, the cation of children in the State, the focus At the request of Mrs. BOXER, the names of the Senator from New Hamp- must be on results in raising the achieve- names of the Senator from New Jersey shire (Mr. SMITH), the Senator from ment of all students, not process. [Mr. LAUTENBERG] and the Senator Minnesota (Mr. WELLSTONE), the Sen- SEC. 3. DEFINITIONS. from Delaware [Mr. BIDEN] were added ator from Florida (Mr. GRAHAM), the In this Act: as cosponsors of S. 446, a bill to provide Senator from New Mexico (Mr. DOMEN- (1) LOCAL EDUCATIONAL AGENCY; STATE EDU- for the permanent protection of the re- ICI), and the Senator from New Mexico CATIONAL AGENCY.—The terms ‘‘local edu- sources of the United States in the (Mr. BINGAMAN) were added as cospon- cational agency’’ and ‘‘State educational year 2000 and beyond. sors of Senate Concurrent Resolution 5, agency’’ have the meanings given such terms in section 14101 of the Elementary and Sec- S. 459 a concurrent resolution expressing con- ondary Education Act of 1965. REAUX At the request of Mr. B , the gressional opposition to the unilateral (2) OUTLYING AREA.—The term ‘‘outlying names of the Senator from Arkansas declaration of a Palestinian state and area’’ means Guam, American Samoa, the [Mrs. LINCOLN], the Senator from Ar- urging the President to assert clearly United States Virgin Islands, the Common- kansas [Mr. HUTCHINSON], the Senator United States opposition to such a uni- wealth of the Northern Mariana Islands, the from Rhode Island [Mr. CHAFEE], and lateral declaration of statehood. Republic of Palau, the Republic of the Mar- shall Islands, and the Federated States of the Senator from Mississippi [Mr. f COCHRAN] were added as cosponsors of Micronesia. S. 459, a bill to amend the Internal AMENDMENTS SUBMITTED (3) SECRETARY.—The term ‘‘Secretary’’ Revenue Code of 1986 to increase the means the Secretary of Education. (4) STATE.—The term ‘‘State’’ means each State ceiling on private activity bonds. EDUCATION FLEXIBILITY of the 50 States, the District of Columbia, S. 470 PARTNERSHIP ACT OF 1999 the Commonwealth of Puerto Rico, and each At the request of Mr. CHAFEE, the outlying area. name of the Senator from California SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP. [Mrs. FEINSTEIN] was added as a co- JEFFORDS AMENDMENT NO. 31 (a) EDUCATION FLEXIBILITY PROGRAM.— sponsor of S. 470, a bill to amend the (1) PROGRAM AUTHORIZED.— Internal Revenue Code of 1986 to allow Mr. JEFFORDS proposed an amend- (A) IN GENERAL.—The Secretary may carry tax-exempt private activity bonds to be ment to the bill (S. 280) to provide for out an education flexibility program under issued for highway infrastructure con- education flexibility partnerships; as which the Secretary authorizes a State edu- follows: cational agency that serves an eligible State struction. to waive statutory or regulatory require- In the pending bill, strike all after the en- S. 477 ments applicable to 1 or more programs or acting clause and insert the following: At the request of Mr. SCHUMER, the Acts described in subsection (b), other than name of the Senator from New York SECTION 1. SHORT TITLE. requirements described in subsection (c), for This Act may be cited as the ‘‘Education (Mr. MOYNIHAN) was added as a cospon- any local educational agency or school with- sor of S. 477, a bill to enhance competi- Flexibility Partnership Act of 1999’’. in the State. tion among airlines and reduce air- SEC. 2. FINDINGS. (B) DESIGNATION.—Each eligible State par- fares, and for other purposes. Congress makes the following findings: ticipating in the program described in sub- (1) States differ substantially in demo- paragraph (A) shall be known as an ‘‘Ed-Flex S. 487 graphics, in school governance, and in school Partnership State’’. At the request of Mr. GRAMS, the finance and funding. The administrative and (2) ELIGIBLE STATE.—For the purpose of name of the Senator from Missouri funding mechanisms that help schools in 1 this subsection the term ‘‘eligible State’’ (Mr. BOND) was added as a cosponsor of State improve may not prove successful in means a State that— S. 487, a bill to amend the Internal other States. (A)(i) has— Revenue Code of 1986 to provide addi- (2) Although the Elementary and Sec- (I) developed and implemented the chal- tional retirement savings opportunities ondary Education Act of 1965 and other Fed- lenging State content standards, challenging for small employers, including self-em- eral education statutes afford flexibility to State student performance standards, and State and local educational agencies in im- aligned assessments described in section ployed individuals. plementing Federal programs, certain re- 1111(b) of the Elementary and Secondary S. 494 quirements of Federal education statutes or Education Act of 1965, including the require- At the request of Mr. GRAHAM, the regulations may impede local efforts to re- ments of that section relating to name of the Senator from Montana form and improve education. disaggregation of data, and for which local

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educational agencies in the State are pro- (A) IN GENERAL.—Each local educational any State educational agency granting waiv- ducing the individual school performance agency or school requesting a waiver of a ers of Federal statutory or regulatory re- profiles required by section 1116(a) of such Federal statutory or regulatory requirement quirements as described in paragraph (1)(A) Act; or as described in paragraph (1)(A) and any rel- and shall terminate such agency’s authority (II) made substantial progress, as deter- evant State statutory or regulatory require- to grant such waivers if the Secretary deter- mined by the Secretary, toward developing ment from a State educational agency shall mines, after notice and opportunity for hear- and implementing the standards and assess- submit an application to the State edu- ing, that such agency’s performance has been ments, and toward having local educational cational agency at such time, in such man- inadequate to justify continuation of such agencies in the State produce the profiles, ner, and containing such information as the authority. described in subclause (I); and State educational agency may reasonably re- (7) AUTHORITY TO ISSUE WAIVERS.—Notwith- (ii) holds local educational agencies and quire. Each such application shall— standing any other provision of law, the Sec- schools accountable for meeting educational (i) indicate each Federal program affected retary is authorized to carry out the edu- goals and for engaging in the technical as- and the statutory or regulatory requirement cation flexibility program under this sub- sistance and corrective actions consistent that will be waived; section for each of the fiscal years 2000 with section 1116 of the Elementary and Sec- (ii) describe the purposes and overall ex- through 2004. ondary Education Act of 1965, for the local pected results of waiving each such require- (8) PUBLIC NOTICE AND COMMENT.—Each educational agencies and schools that do not ment; State educational agency granted waiver au- make adequate yearly progress as described (iii) describe for each school year specific, thority under this section and each local in section 1111(b) of that Act; and measurable, educational goals, which may educational agency receiving a waiver under (B) waives State statutory or regulatory include progress toward increased school and this section shall provide the public ade- requirements relating to education while student performance, for each local edu- quate and efficient notice of the proposed holding local educational agencies or schools cational agency or school affected by the waiver authority or waiver, consisting of a within the State that are affected by such proposed waiver; description of the agency’s application for waivers accountable for the performance of (iv) explain why the waiver will assist the the proposed waiver authority or waiver in a the students who are affected by such waiv- local educational agency or school in reach- widely read or distributed medium, and shall ers. ing such goals; and provide the opportunity for all interested (3) STATE APPLICATION.— (v) in the case of an application from a members of the community to comment re- (A) IN GENERAL.—Each State educational local educational agency, describe how the garding the proposed waiver authority or agency desiring to participate in the edu- local educational agency will meet the re- waiver. cation flexibility program under this section quirements of paragraph (8). (b) INCLUDED PROGRAMS.—The statutory or shall submit an application to the Secretary (B) EVALUATION OF APPLICATIONS.—A State regulatory requirements referred to in sub- at such time, in such manner, and con- educational agency shall evaluate an appli- section (a)(1)(A) are any such requirements taining such information as the Secretary cation submitted under subparagraph (A) in under the following programs or Acts: may reasonably require. Each such applica- accordance with the State’s educational (1) Title I of the Elementary and Sec- tion shall demonstrate that the eligible flexibility plan described in paragraph (3)(A). ondary Education Act of 1965 (other than State has adopted an educational flexibility (C) APPROVAL.—A State educational agen- subsections (a) and (c) of section 1116 of such plan for the State that includes— cy shall not approve an application for a Act). (i) a description of the process the State waiver under this paragraph unless— educational agency will use to evaluate ap- (i) the local educational agency or school (2) Part B of title II of the Elementary and plications from local educational agencies or requesting such waiver has developed a local Secondary Education Act of 1965. schools requesting waivers of— reform plan that is applicable to such agency (3) Subpart 2 of part A of title III of the El- (I) Federal statutory or regulatory require- or school, respectively; and ementary and Secondary Education Act of ments as described in paragraph (1)(A); and (ii) the waiver of Federal statutory or reg- 1965 (other than section 3136 of such Act). (II) State statutory or regulatory require- ulatory requirements as described in para- (4) Title IV of the Elementary and Sec- ments relating to education; graph (1)(A) will assist the local educational ondary Education Act of 1965. (ii) a detailed description of the State stat- agency or school in reaching its educational (5) Title VI of the Elementary and Sec- utory and regulatory requirements relating goals, particularly goals with respect to ondary Education Act of 1965. to education that the State educational school and student performance. (6) Part C of title VII of the Elementary agency will waive; (5) MONITORING AND PERFORMANCE RE- and Secondary Education Act of 1965. (iii) a description of how the educational VIEW.— (7) The Carl D. Perkins Vocational and flexibility plan is consistent with and will (A) MONITORING.—Each State educational Technical Education Act of 1998. assist in implementing the State comprehen- agency participating in the program under (c) WAIVERS NOT AUTHORIZED.—The Sec- sive reform plan or, if a State does not have this section shall annually monitor the ac- retary and the State educational agency a comprehensive reform plan, a description tivities of local educational agencies and may not waive any statutory or regulatory of how the educational flexibility plan is co- schools receiving waivers under this section requirement of the programs or Acts author- ordinated with activities described in section and shall submit an annual report regarding ized to be waived under subsection (a)(1)(A)— 1111(b) of the Elementary and Secondary such monitoring to the Secretary. (1) relating to— Education Act of 1965; and (B) PERFORMANCE REVIEW.—The State edu- (A) maintenance of effort; (iv) a description of how the State edu- cational agency shall annually review the (B) comparability of services; cational agency will meet the requirements performance of any local educational agency (C) the equitable participation of students of paragraph (8). or school granted a waiver of Federal statu- and professional staff in private schools; (B) APPROVAL AND CONSIDERATIONS.—The tory or regulatory requirements as described (D) parental participation and involve- Secretary may approve an application de- in paragraph (1)(A) and shall terminate any ment; scribed in subparagraph (A) only if the Sec- waiver granted to the local educational (E) the distribution of funds to States or to retary determines that such application agency or school if the State educational local educational agencies; demonstrates substantial promise of assist- agency determines, after notice and oppor- (F) use of Federal funds to supplement, not ing the State educational agency and af- tunity for hearing, that the local edu- supplant, non-Federal funds; and fected local educational agencies and schools cational agency or school’s performance with (G) applicable civil rights requirements; within the State in carrying out comprehen- respect to meeting the accountability re- and sive educational reform, after considering— quirement described in paragraph (2)(B) and (2) unless the underlying purposes of the (i) the eligibility of the State as described the goals described in paragraph (4)(A)(iii) statutory requirements of each program or in paragraph (2); has been inadequate to justify continuation Act for which a waiver is granted continue (ii) the comprehensiveness and quality of of such waiver. to be met to the satisfaction of the Sec- the educational flexibility plan described in (6) DURATION OF FEDERAL WAIVERS.— retary. subparagraph (A); (A) IN GENERAL.—The Secretary shall not (d) CONTINUING ELIGIBILITY.— (iii) the ability of such plan to ensure ac- approve the application of a State edu- (1) IN GENERAL.—Each State educational countability for the activities and goals de- cational agency under paragraph (3) for a pe- agency that is granted waiver authority scribed in such plan; riod exceeding 5 years, except that the Sec- under the provisions of law described in (iv) the significance of the State statutory retary may extend such period if the Sec- paragraph (2) shall be eligible to continue or regulatory requirements relating to edu- retary determines that such agency’s au- the waiver authority under the terms and cation that will be waived; and thority to grant waivers has been effective in conditions of the provisions of law as the (v) the quality of the State educational enabling such State or affected local edu- provisions of law are in effect on the date of agency’s process for approving applications cational agencies or schools to carry out enactment of this Act. for waivers of Federal statutory or regu- their local reform plans and to continue to (2) PROVISIONS OF LAW.—The provisions of latory requirements as described in para- meet the accountability requirement de- law referred to in paragraph (1) are as fol- graph (1)(A) and for monitoring and evalu- scribed in subsection (a)(2)(B). lows: ating the results of such waivers. (B) PERFORMANCE REVIEW.—The Secretary (A) Section 311(e) of the Goals 2000: Edu- (4) LOCAL APPLICATION.— shall periodically review the performance of cate America Act.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2227 (B) The proviso referring to such section the Elementary and Secondary Education 1999, at 2 p.m., in open session, to re- 311(e) under the heading ‘‘EDUCATION RE- Act of 1965; ceive testimony on 21st century FORM’’ in the Department of Education Ap- seapower vision overview and maritime propriations Act, 1996 (Public Law 104–134; KENNEDY (AND OTHER) implications of 21st century threats. 110 Stat. 1321–229). (e) ACCOUNTABILITY.—In deciding whether AMENDMENT NO. 34 The PRESIDING OFFICER. Without to extend a request for a State educational Mr. KENNEDY (for himself, Mr. objection, it is so ordered. agency’s authority to issue waivers under REID, Mr. DODD, and Mr. WELLSTONE) COMMITTEE ON COMMERCE, SCIENCE, AND this section, the Secretary shall review the proposed an amendment to amendment TRANSPORTATION progress of the State education agency, local Mr. FRIST. Mr. President, I ask educational agency, or school affected by No. 31 proposed by Mr. JEFFORDS to the bill, S. 280, supra; as follows: unanimous consent that the Com- such waiver or authority to determine if mittee on Commerce, Science, and such agency or school has made progress to- On page 7, line 21, strike ‘‘and’’ after the ward achieving the desired results described semicolon. Transportation be allowed to meet on in the application submitted pursuant to On page 7, line 24, strike the period and in- Wednesday, March 3, 1999, at 10 a.m. on subsection (a)(4)(A)(ii). sert ‘‘; and’’. pending committee business. (f) PUBLICATION.—A notice of the Sec- On page 7, line 24, insert the following: The PRESIDING OFFICER. Without retary’s decision to authorize State edu- (v) a description of how the State edu- objection, it is so ordered. cational agencies to issue waivers under this cational agency will evaluate, (consistent COMMITTEE ON ENERGY AND NATURAL section, including a description of the ra- with the requirements of title I of the Ele- RESOURCES tionale the Secretary used to approve appli- mentary and Secondary Education Act of Mr. FRIST. Mr. President, I ask cations under subsection (a)(3)(B), shall be 1965), the performance of students in the published in the Federal Register and the schools and local educational agencies af- unanimous consent that the Com- Secretary shall provide for the dissemina- fected by the waivers. mittee on Energy and Natural Re- tion of such notice to State educational On page 9, line 22, strike ‘‘which may in- sources be granted permission to meet agencies, interested parties, including edu- clude progress toward’’ increased school and during the session of the Senate on cators, parents, students, advocacy and civil student performance. Wednesday March 3 for purposes of con- rights organizations, other interested par- On page 11, line 17, insert ‘‘in accordance ducting a joint oversight hearing with ties, and the public. with the evaluation requirement described in the Senate Committee on Indian Af- SEC. 5. PROGRESS REPORTS. paragraph (3)(A)(v),’’ before ‘‘and shall’’. fairs which is scheduled to begin at 9:30 The Secretary, not later than 1 year after On page 12, line 14, before the period insert the date of enactment of this Act and bienni- ‘‘, and has improved student performance’’. a.m. The purpose of this oversight ally thereafter, shall submit to Congress a On page 16, line 9, insert ‘‘and goals’’ after hearing is receive testimony on the report that describes— ‘‘desired results’’. American Indian Trust management (1) the Federal statutory and regulatory On page 16, lines 10 and 11, strike ‘‘sub- practices in the Department of the In- requirements for which waiver authority is section (a)(4)(A)(ii)’’ and insert ‘‘clauses (ii) terior. granted to State educational agencies under and (iii) of subsection (a)(4)(A), respec- The PRESIDING OFFICER. Without this Act; tively’’. objection, it is so ordered. (2) the State statutory and regulatory re- f quirements that are waived by State edu- COMMITTEE ON FINANCE cational agencies under this Act; NOTICES OF HEARINGS Mr. FRIST. Mr. President, the Fi- (3) the effect of the waivers upon imple- nance Committee requests unanimous mentation of State and local educational re- COMMITTEE ON GOVERNMENTAL AFFAIRS consent to conduct a hearing on forms; and Mr. THOMPSON. Mr. President, I ask Wednesday, March 3, 1999 beginning at (4) the performance of students affected by unanimous consent on behalf of the 10 a.m. in room 215 Dirksen. the waivers. Governmental Affairs Committee to The PRESIDING OFFICER. Without meet on Thursday, March 4, 1999, at 10 objection, it is so ordered. WELLSTONE (AND KENNEDY) a.m. for a business meeting to consider COMMITTEE ON GOVERNMENT AFFAIRS AMENDMENT NO. 32 legislation to reform the congressional Mr. FRIST. Mr. President, I ask Mr. WELLSTONE (for himself and budget process. unanimous consent on behalf of the Mr. KENNEDY) proposed an amendment SUBCOMMITTEE ON INVESTIGATIONS Governmental Affairs Committee to to amendment No. 31 proposed by Mr. Ms. COLLINS. Mr. President, I would meet on Wednesday, March 3, 1999, at JEFFORDS to the bill, S. 280, supra; as like to announce for the information of 10 a.m. for a hearing on the Inde- follows: the Senate and the public that the Per- pendent Counsel Act. On page 8, line 4, after ‘‘determines’’ insert manent Subcommittee on Investiga- The PRESIDING OFFICER. Without ‘‘that the State educational agency is car- tions of the Committee on Govern- objection, it is so ordered. rying out satisfactorily all of the State edu- mental Affairs, will hold hearings enti- COMMITTEE ON HEALTH, EDUCATION, LABOR, cational agency’s statutory obligations tled ‘‘Deceptive Mailings and Sweep- under title I of the Elementary and Sec- AND PENSIONS ondary Education Act of 1965 to secure com- stakes Promotions.’’ These hearings Mr. FRIST. Mr. President, I ask prehensive school reform and’’. are the first of an anticipated series of unanimous consent that the Com- On page 12, line 22, after ‘‘hearing,’’ insert hearings the subcommittee plans to mittee on Health, Education, Labor, ‘‘that such agency is not carrying out satis- hold regarding deceptive mailings. The and Pensions, Subcommittee on Aging factorily all of the agency’s statutory obliga- focus of these first hearings will be an be authorized to meet for a hearing on tions under title I of the Elementary and examination of the use of sweepstakes ‘‘Older American Act: Oversight and Secondary Education Act of 1965 to secure by mass marketers and how these mail- comprehensive school reform or’’ Overview’’ during the session of the On page 15, between lines 2 and 3, insert ings impact consumers. Senate on Wednesday, March 3, 1999, at the following: The hearings will take place on Mon- 9:30 a.m. (F) standards, assessments, components of day, March 8th and Tuesday, March The PRESIDING OFFICER. Without schoolwide or targeted assistance programs, 9th, at 9:30 a.m. each day, in room 342 objection, it is so ordered. accountability, or corrective action, under of the Dirksen Senate Office Building. COMMITTEE ON INDIAN AFFAIRS title I of the elementary and Secondary Edu- For further information, please contact Mr. FRIST. Mr. President, I ask cation Act of 1965, as the requirement relates Timothy J. Shea of the subcommittee to local educational agencies and schools; unanimous consent that the Senate staff at 224–3721. Committee on Indian Affairs be author- WELLSTONE AMENDMENT NO. 33 f ized to meet during the session of the Senate on Wednesday, March 3, 1999 at Mr. WELLSTONE proposed an AUTHORITY FOR COMMITTEES TO 9:30 a.m. to mark up the Committee’s amendment to amendment No. 31 pro- MEET posed by Mr. JEFFORDS to the bill, Budget Views and Estimates letter to supra; as follows: COMMITTEE ON ARMED SERVICES the Budget Committee regarding the On page 15, between lines 2 and 3, insert Mr. FRIST. Mr. President, I ask FY 2000 Budget Request for Indian pro- the following: unanimous consent that the Com- grams. (The Joint Hearing with the (F) serving eligible school attendance mittee on Armed Services be author- Senate Committee on Energy and Nat- areas in rank order under section 1113(a)(3) of ized to meet on Wednesday, March 3, ural Resources on American Indian

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2228 CONGRESSIONAL RECORD — SENATE March 3, 1999 Trust Management Practices in the De- versary as spiritual leader of the syna- this matter has not changed, and it is partment of the Interior will imme- gogue. one issue on which I continue to keep diately follow the markup). The Meet- This is a significant milestone for a close eye because of its importance to ing/Joint Hearing will be held in room Rabbi Wainhaus and his congregation. Kentucky.∑ 106 of the Dirksen Senate Office Build- Through his leadership at Congrega- ing. tion Or Shalom he has constantly f The PRESIDING OFFICER. Without worked to reach out to every member BLIND PERSONS EARNINGS objection, it is so ordered. of the congregation, young and old, and EQUITY ACT keep them involved in all aspects of COMMITTEE ON INDIAN AFFAIRS ∑ congregation life. He has particularly Mr. SARBANES. Mr. President, Mr. FRIST. Mr. President, I ask today I rise in support of the Blind Per- unanimous consent that the Senate reached out to young adults as they have left home for college and careers sons Earnings Equity Act, a bill that Committee on Indian Affairs be author- will open up a world of opportunities ized to meet during the session of the in order to keep them connected to their families and community. for blind persons and greatly improve Senate on Wednesday, March 3, 1999 at their lives. Currently, the blind are dis- 9:30 a.m. to conduct a Joint Hearing He has helped provide guidance and insight to innumerable people not just couraged from working by an overly re- with the Senate Committee on Energy strictive provision in the Social Secu- and Natural Resources on American In- at Congregation Or Shalom but within the community as a whole. We cur- rity Act that limits the amount of in- dian Trust Management Practices in come they may earn for themselves. the Department of the Interior. The rently face difficult times, and it is our families and friends, combined with The Blind Persons Earnings Equity Act hearing will be held in room 366 of the would raise that earnings restriction Dirksen Senate Office Building. our churches and synagogues, that pro- vide the support systems which allow and lessen the burden of at least one of The PRESIDING OFFICER. Without the many obstacles to employment objection, it is so ordered. us to confront and overcome the chal- lenges set before us. Through his serv- faced by the blind today. SUBCOMMITTEE ON AIRLAND FORCES ice, Rabbi Wainhaus has helped many Blindness has profoundly adverse so- Mr. FRIST. Mr. President, I ask families over the years surmount these cial and economic consequences, and unanimous consent that the Sub- obstacles and make positive contribu- Social Security benefits are needed to committee on Airland Forces of the tions to their communities. offset the disadvantages suffered by the Committee on Armed Services be au- As this congregation has grown over blind. However, these same laws that thorized to meet on Wednesday, March the years, with God’s divine assistance, are meant to help, must be revised 3, 1999 at 1:30 p.m. in open session, to Rabbi Wainhaus has touched many when it becomes clear they are hin- receive testimony on Army moderniza- lives throughout the community. The dering blind persons from joining the tion. people of Connecticut thank Rabbi workforce and discouraging them from The PRESIDING OFFICER. Without Wainhaus for his service, dedication, becoming fully engaged in society. objection, it is so ordered. and contribution to our state.∑ Instead of encouraging the blind to SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND develop job skills and become produc- f DRINKING WATER tive members of their communities, Mr. FRIST. Mr. President, I ask TAX TREATMENT FOR DOMESTIC the law addressed by this bill penalizes unanimous consent that the Sub- DISTILLERIES them. Once their earnings rise above committee on Fisheries, Wildlife, and ∑ Mr. BUNNING. Mr. President, today I an amount that is barely sufficient to Drinking Water be granted permission signed on as a cosponsor of S. 434, Sen- cover the most basic living expenses, to conduct an oversight hearing on the ator BREAUX’s proposal to equalize the their Social Security benefits are cut Environmental Protection Agency’s tax treatment for domestic distilleries completely. No wonder it is estimated implementation of the 1996 amend- compared to their foreign competitors. that over seventy percent of the em- ments to the Safe Drinking Water Act This is a good bill, and I hope it ployable blind population is either un- Wednesday, March 3, 9 a.m., hearing passes Congress. It would help cut un- employed or underemployed. room (SD–406). necessary taxes for our domestic dis- This statistic, however, does not rep- The PRESIDING OFFICER. Without tilleries, and eliminate a competitive resent an unwillingness to work. On objection, it is so ordered. advantage that our current tax rules the contrary, the blind want to work SUBCOMMITTEE ON WATER AND POWER give to foreign distilleries. I will cer- and take great pride in developing the Mr. FRIST. Mr. President, I ask tainly do what I can to help pass Sen- necessary skills that enable them to unanimous consent that the Sub- ator BREAUX’s bill. contribute to society. committee on Water and Power of the Mr. President, I am submitting this I had the honor of knowing person- Committee on Energy and Natural Re- statement for the CONGRESSIONAL ally a great American leader who just sources be granted permission to meet RECORD to make one thing perfectly happened to be blind. His name was Dr. during the session of the Senate on clear. In supporting this bill, I want Kenneth Jernigan and for over 25 years Wednesday, March 3, for purposes of the Administration, and officials at the he led the organized blind movement in conducting a Water & Power Sub- Treasury Department and the Bureau the United States. As President for the committee hearing which is scheduled of Alcohol, Tobacco and Firearms to National Federation of the Blind, he to begin at 2 p.m. The purpose of this understand that by doing so I reject moved the national headquarters to oversight hearing is to consider the the connection that some have tried to Baltimore where I had the opportunity President’s proposed budget for FY2000 make between the All in bond issue and to meet him. Sadly, Dr. Jernigan for the Bureau of Reclamation and the Section 5010 of the tax code, the wine passed away last year. Power Marketing Administrations. and flavors tax credit. I know that the Dr. Jernigan may have been blind in The PRESIDING OFFICER. Without suggestion has been made that any rev- the physical sense, Mr. President, but objection, it is so ordered. enue loss to the U.S. Treasury caused he was a man of vision nonetheless. In his leadership of the National Federa- f by changes to the All in Bond rules be offset by repealing Section 5010. I re- tion of the Blind, he taught all of us to ADDITIONAL STATEMENTS ject that notion because there is no understand that eyesight and insight logical link between the two issues; the are not related to each other in any ‘‘connection’’ is a bureaucratic fiction. way. Although he did not have eye- RABBI ALVIN WAINHAUS Some who served with me on the con- sight, his insight on life, learning, and ∑ Mr. LIEBERMAN. Mr. President, I ference committee that helped write leading has no equal. Dr. Jernigan de- rise today to honor Rabbi Alvin the tax provisions in the 1995 Balanced voted his life to empowering the blind Wainhaus of Congregation Or Shalom Budget Act will probably remember my and encouraging them to be active in Orange, Connecticut. On March 19th successful efforts to eliminate a provi- members of society. He fought to im- and 20th, he will be honored by Con- sion in the Senate bill that would have prove their access to information, edu- gregation Or Shalom on his 18th anni- repealed Section 5010. My position on cation, jobs, and public facilities.

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2229 The overly restrictive earnings cap in have recently been named State Hon- Americans can, and do, play important the Social Security Act represents pre- orees from Oregon in the 1999 Pruden- roles in their communities, and that cisely the kind of unfair law and bar- tial Spirit of Community Awards pro- America’s community spirit continues rier to employment that Dr. Jernigan gram, an annual honor confered on to hold tremendous promise for the fu- battled throughout his life. He knew only one high school student and one ture.∑ first hand about the devastating im- middle-level student in each state, the f pact that restrictions such as this District of Columbia and Puerto Rico. IMPEACHMENT TRIAL could have on the aspirations and hope Mr. Cody Hill, nominated by Lincoln PROCEDURES of blind persons already struggling to High School, created and currently co- overcome tremendous challenges. ordinates a program called ‘‘Guns ∑ Mr. FEINGOLD. Mr. President, with Congress itself has recognized the Aren’t Fun,’’ a toy gun trade-in event the impeachment trial now behind us, I overly restrictive nature of this earn- to encourage kids to trade in their toy wanted to take a moment to make a ings cap. In 1996, we raised the cap for guns for other non-violent toys. His few comments about the process that senior citizens with passage of the Sen- idea is currently being developed into a we experienced and suggest some of the ior Citizens Freedom to Work Act. non-profit organization to spread the lessons that we learned. I hope that in However, the earnings limitation for message of non-violence across the the weeks and months to come, we can blind individuals was left unchanged. country. Due to Cody’s hard work and look back dispassionately and try to Up until that point, for almost twenty determination, more than one hundred take advantage of those lessons to years, the same earnings cap had ap- toy guns have been turned in during make some changes in the Senate’s plied to both senior citizens and blind two trade-in events. Cody has worked rules that might serve us well in future persons under the Social Security Act. closely with local non-profit organiza- impeachment trials. With passage of the 1996 Freedom to tions and, to date, he has collected The process used in the impeachment Work Act, seniors were encouraged to over $13,000 for the purchase of new trial in the Senate was imperfect, but remain active and continue working, toys. Cody has also received recogni- this is not surprising. The only truly but the disincentive to work was unfor- tion in local newspaper detailing his apposite source of precedents took tunately left in place for the blind. volunteer work. place more than 130 years ago. The Consequently, by 2002, seniors will be Mr. Quinn Wilhelmi, nominated by value of the Johnson procedural prece- permitted to earn up to $30,000, but Roosevelt Middle School, began a tu- dents has been undermined in part by blind people who earn over $14,800 (less toring program with fifth grade stu- the changes in our politics, our culture than half as much) will lose their bene- dents in his former elementary school. and our technology. fits. Quinn’s program works to develop the There are many aspects of the trial There is no justification for raising student’s writing skills by helping that history will undoubtedly look the earnings cap for one group and not them compose their autobiographies. upon with favor. Chief Justice the other. Why should we distinguish Through his initiative, Quinn was able Rehnquist, a son of Shorewood, Wis- between two groups that for over twen- to recruit several of his classmates to consin, presided fairly and with dig- ty years were treated even-handedly join in this effort as well, and he has nity. His few rulings were not chal- under the law? What has changed to made a tremendous impact on several lenged. Perhaps most important, he cause us to discriminate between the younger students while working as a provided a steady hand with a dose of two and encourage one to work while writing mentor. humor. We are all in his debt. greatly limiting the opportunities of In light of numerous statistics that In addition, senators approached the the other? By reestablishing parity in indicate Americans today are less in- trial with dignity and collegiality. At the treatment of blind persons and sen- volved in their communities than they the moment of greatest tension be- ior citizens under the Social Security once were, it’s vital that we encourage tween the advocates, good will among Act, this legislation will restore fair- and support the kind of selfless con- senators never faltered. I understand ness to this law and will remedy a pol- tributions these young people have that this may, in part, be due to the icy that has kept the blind locked out made. Young volunteers like Cody and fact that the ultimate outcome of this of rewarding, self-fulfilling employ- Quinn are inspiring examples to us all, trial was never in doubt. Having said ment. and are among our brightest hopes for that, however, senators, really without Although a small number of blind a better tomorrow. I applaud them for exception, took their duties and each persons may become newly eligible for their initiative in seeking to make other seriously. The impeachment of a benefits as a result of this change, their communities better places to president is a painful process, and, as I their number will be a mere fraction of live, and for the positive impact that will discuss further in a moment, it the thousands who do not work because they had on the lives of others. In rec- ought to be painful. The stakes were of the disincentive imposed by this ognition of their efforts, Cody and very high in this trial, yet the Senate earnings limit. By enabling these bene- Quinn will come to Washington, DC in remained a place of civility. This was ficiaries to work, the overall net effect early May, along with other 1999 Spirit in stark contrast to the impeachment of this bill will be to increase payments of Community honorees from across process in the House of Representa- to the Social Security trust funds and the country. While in Washington, ten tives. I hope the relative harmony in bring additional revenue to the Federal students will be named America’s top the Senate restored to this process Treasury as well. youth volunteers of the year by a dis- some of the legitimacy lost in the par- I urge my colleagues to support this tinguished national selection com- tisan din of the other body. necessary legislation that will ensure mittee. The House Managers and the Presi- the blind are treated fairly under the I would also like to recognize four dent’s counsel did well in their indi- law and will empower thousands of other young Oregonians who were rec- vidual presentations. At the outset we blind beneficiaries to become more en- ognized as Distinguished Finalists for senators caucused together and gaged in society through productive their outstanding volunteer service: reached a fair, if imperfect, roadmap employment.∑ April Choate of Bend, Jennifer Fletcher for the early stages of the trial. Ulti- f of Portland, Julia Hyde of Portland, mately, we agreed on a procedural and Tiffany Wright of Springfield. course that took us through the ver- TRIBUTE TO STUDENT They deserve high praise for their hard dict. The tone throughout was civil and VOLUNTEERS work and determination in helping oth- the arguments, by and large, on point. ∑ Mr. SMITH of Oregon. Mr. President, ers in their communities. But we did tie the hands of the advo- I rise today to congratulate and honor It is clear that these young people cates in some ways, and perhaps denied two young Oregonians who have re- have demonstrated a level of commit- ourselves the fullest possible presen- ceived national recognition for exem- ment and accomplishment that is truly tation of the evidence and arguments. plary volunteer service in their com- extraordinary, and I believe they de- The trial consisted, except for the un- munities. Mr. Cody Hill of Portland serve our sincere admiration and re- usual, and not always helpful, question and Mr. Quinn Wilhelmi of Eugene spect. Their actions show that young period, of opening arguments followed

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2230 CONGRESSIONAL RECORD — SENATE March 3, 1999 by several iterations of closing argu- of the trial, the Independent Counsel, record. The hasty and abbreviated im- ments. These arguments were inter- Kenneth Starr, at the behest of the peachment process of the other body spersed with video snippets from grand House Managers, sought from the Dis- helped contribute to a feeling of two jury depositions and depositions by the trict Court an order compelling Monica armed encampments facing each other House Managers. This arrangement, Lewinsky to travel to Washington to in a high stakes contest rather than a pieced together as we went along, did submit to a private interview with the search for truth or justice. Whether a not always make for a coherent nar- House Managers. This interposed the President is convicted or acquitted, no rative. court and the Independent Counsel in credible or politically sustainable re- The House Managers’ theory of the matters properly reserved to the Sen- sult can possibly come from such a case required us to accept a narrative, ate, in which the Constitution vests process. a story of conspiracy, lies and efforts the sole power to try impeachments. In I believe it is important for us to re- to thwart justice. As they told the so doing, he undermined the bipartisan view and analyze the process by which story, each sinister act was offered as agreement of the Senate that it would we conducted this trial and look hon- evidence of the coherent whole. They make procedural determinations re- estly and critically at what worked and had trouble telling a story, due partly garding witnesses following the open- what didn’t. We should then make to flaws in their theory and, to be fair, ing arguments and the question period. changes to the process, now, while the perhaps in small part due to flaws in Both the Republican and Democratic experiences of this trial are fresh in our process. We had no live witnesses. caucuses met throughout the trial to our minds, and hand down to the next The parties alternated control of the discuss the proceedings. I attended Senate that faces the unfortunate task floor, creating a dynamic of thrust and these meetings and I do not assert that of mounting an impeachment trial parry, rather than a methodically con- they were improper, but we could have rules and procedures that will help it structed narrative. better lived up to our oath to do impar- conduct the trial in a manner worthy The managers’ complaints about the tial justice, if we had not held those of the weighty constitutional duty that process in turn became a recurrent regular party caucuses. Those meetings the Framers of the Constitution be- theme in their arguments, resulting in must have seemed to some of our con- queathed to it.∑ greater, and sometimes unfair, latitude stituents to be the place where we plot- f for them in their efforts to make the ted a partisan course. This could not DRUG FREE CENTURY ACT case. For example, on a disappointing have helped the people to have con- ∑ Mr. BURNS. Mr. President, I rise party line vote, the President was de- fidence in our work. today to join the distinguished Senator nied fair notice of the snippets of taped Time and again, we saw the House from Ohio and a number of my col- testimony that would be woven into Managers and the President’s lawyers leagues in supporting the Drug Free the House Managers’ arguments. Then clearly responding to advice from Sen- Century Act. This bill continues last the Senate allowed the House Man- ators. At times they held formal meet- year’s efforts in the fight against drug agers to reserve two of their three ings with Senators. There were count- use in our country in the form of the less casual conversations about the hours of closing arguments for a ‘‘re- Western Hemisphere Drug Elimination case between Senators and the advo- buttal’’ which included new iterations Act, the Drug Free Communities Act, cates for both sides. We are not solely of their various accusations, with no and the Drug Demand Reduction Act, jurors, in the traditional sense, but as opportunity for the defense to reply. all of which I supported. The question of witnesses was dis- triers of fact and law, we would do well During my tenure in office I have torted on both sides by political con- in future impeachment trials to avoid read, listened to, and weighed the de- siderations. The House Managers were these interactions, which really bate over illegal drug use and the pol- counseled by their allies in the Senate amount to ex parte communications. icy our nation should follow in dealing The greatest flaw in the process was not to seek too many witnesses, lest with illegal drugs. In an attempt to put they unnerve Senators with visions of the lack of openness in deliberations. an end to that growing problem, I unseemly testimony on the floor. The The modern Senate has no excuse for signed onto the Western Hemisphere President’s defenders declared that no locking the people out of any of its pro- Drug Elimination Act. This act was a witnesses were necessary; they argued ceedings except for the most serious bipartisan piece of legislation that au- that the House Managers had passed up reasons of national security. The Chief thorized $2.6 billion over three years their chance to hear fact witnesses in Justice ruled forcefully that the Sen- for drug eradication and interdiction the House Judiciary Committee hear- ate in an impeachment trial is not a efforts designed to restore a balanced ings. Neither approach was sound—wit- jury in the ordinary sense of the word. anti-drug strategy. It offered signifi- nesses would have helped, but they With that ruling, any pretext for closed cant promises for the reduction of the should have been chosen and presented deliberations was destroyed. We should supply of coca and opium poppy in in a thoughtful way. I believe, for ex- quickly take steps now that the trial is Latin America, as well as improving ample, that Betty Currie was a very over to change the archaic rules that intelligence and interdiction capabili- important potential witness. She was forced this process behind closed doors ties against the national security nowhere to be found, apparently be- at crucial moments. The American threat posed by major narcotics traf- cause the managers made a political people should be able to watch us and ficking organizations. calculation that they would do without hear us at every stage in a process that Although this bill received bipartisan her testimony, trading away the could lead to removal of a President support and was signed by the Presi- strongest piece of their obstruction they elected. Secrecy in these pro- dent, the FY2000 anti-drug budget was case. ceedings is wrong and can only under- cut by the Administration by almost In the end, both sides made strategic mine public confidence in this impor- $100 million below that appropriated in decisions in this trial at the mercy of a tant constitutional event. FY1999. I ask you, Mr. President, what fluid and unpredictable procedure. Mr. President, impeachment trials kind of signal are we sending to our na- That led to an element of chance in the should be extremely rare. To make this tion’s youth if we allow this to happen? trial that I believe was unfortunate. more likely, the process of impeach- We in Congress took the necessary And it also led to complaints from each ment in the Senate should not be steps last year in restoring a balanced, side about the fairness of the process quick, convenient, and painless. Mak- coordinated anti-drug strategy. We that were a distraction from the sub- ing it so only invites its further abuse. must continue our efforts and we must stance of the trial. I therefore rec- Adherence to a thorough process can impress upon the Administration the ommend to future presidential im- provide a stabilizing bulwark against commitment needed in order to carry peachment courts that at the very out- this kind of abuse. That is one of the out that strategy. set they try hard to achieve consensus reasons I opposed premature motions My colleague has pointed out that on a procedure that will govern the en- to dismiss the Articles of Impeachment drug use and criminal activity since tire trial. and supported the House Managers’ 1992 wiped out any gains made in the The process was not only flawed in motions to depose witnesses and to previous decade. America has wit- the procedure on the floor. In the midst admit those depositions into the nessed an increase in illegal drug use

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2231 among our nation’s younger genera- dedicated officers the respect they de- team from Lincoln High School and tion. Recent polls show that drug use serve. Officer Aselton, killed in the line thank each for their dedication and among our nation’s eighth graders has of duty, serves as a solemn reminder to diligence. increased 71 percent since 1992. We have us all of the responsibility borne by po- The student team from Lincoln High seen a reverse in gains made in the lice officers across the state and na- School consists of: Graham Berry, Ni- 1980s and early 1990s by de-emphasizing tion. Every day, the men and women in cole Byers, Brianna Carlisle, Naomi law enforcement and interdiction while uniform put their lives at risk so that Cole, Violet Dochow, Andrew Dunn, relying on drug treatment programs we can live in communities where we Etopi Fanta, Jordan Foster, Ian Gallo- for hard-core abusers in the hopes of and our families can feel safe. And un- way, Arianna Hearing, Sarah Hodgson, curbing drug usage. fortunately, it takes a tragic event like Britta Ingebretson, Aaron Johnson, In Montana alone, drug use among this for us to truly understand the James Knowles, Ashley Linder, Kath- high school-aged youth has also risen. dedication of these peace officers to arine Mapes, Heather Marsh, Amanda According to the Montana Office of the neighborhoods they serve. Morganroth, Joshua Moskovitz, David Public Instruction’s Youth Risk Behav- With the support of the East Hartford Murphy, Eric Nadal, Simone Neuwelt, ior Survey, marijuana use among high Police Department and other officers Melissa Nitti, Lauren Olson, Aubrey school aged youth has risen approxi- across the region, the Aselton family Richardson, Caitlin Ryan, Jonathan mately 18% since 1993. However, that has begun the necessary healing proc- Schwartz, Elizabeth Smith, Paul Susi, 18% only represents an increase in one ess. Yet, with his loss, the town of East and Katherine Wax, with Hal Hart and time use by teenagers. In fact, the Hartford and the State of Connecticut Chris Hardman serving as their teacher same survey suggests that the percent have been diminished. At Brian’s fu- advisors. They are currently con- of adolescents who have used mari- neral, everyone joined together across ducting research and preparing for the juana repeatedly in the last 30 days has municipal and state borders and stood upcoming national competition in risen by 13%. But it isn’t just mari- together as a single family honoring Washington, DC. I wish the students juana use that has increased, Mr. one of our own. Now that Brian is gone, and teachers the best of luck at the We President. No. In fact, a more deadlier it is incumbent on us to maintain the People national finals and I look drug, cocaine, is increasing in use those bonds. Each one of us must rec- forward to their visit to Capitol Hill.∑ among Montana teens. Approximately ognize that we are all part of the same f 5% according to the survey. This is the family and the simple things important sad trend that our nation’s youth is to us are also the simple things impor- RULES OF THE COMMITTEE ON following, and the reason we in Con- tant to our neighbors. These are the COMMERCE, SCIENCE, AND gress need to make a strong statement personal steps that we should take to TRANSPORTATION against drug use. I believe that The truly honor his memory. If we can each ∑ Mr. MCCAIN. Mr. President, pursuant Drug Free Century Act is such a state- devote the same commitment to these to the requirements of paragraph 2 of ment. principles that Brian devoted to his du- Senate Rule XXVI, I ask to have print- The Drug Free Century Act is a com- ties as a police officer, we will, through ed in the RECORD the rules of the Com- prehensive approach to the nation’s our progress as a society, have made mittee on Commerce, Science, and anti-drug policies. It strengthens edu- some sense out of his untimely death.∑ Transportation for the 106th Congress cation, treatment, law enforcement, f adopted by the committee on January and drug interdiction efforts. Although CONGRATULATIONS TO LINCOLN 20, 1999. it is only the first step in our anti-drug The Rules follow: strategy, it sends a clear message to HIGH SCHOOL RULES OF THE COMMITTEE ON COMMERCE, the nation and our youth that we are ∑ Mr. SMITH of Oregon. Mr. President, SCIENCE, AND TRANSPORTATION committed to eliminating illegal drugs I rise today to congratulate the class ∑ from Lincoln High School in Portland, (Adopted by the Committee on Commerce, in the United States. Science, and Transportation on January f Oregon, that will be representing the 20, 1999.) state of Oregon in the national finals of I. MEETINGS OF THE COMMITTEE OFFICER BRIAN ASELTON the program We the People . . . The ∑ Mr. LIEBERMAN. Mr. President, I Citizens and the Constitution. These 1. The regular meeting dates of the Com- rise today to pay tribute to a young mittee shall be the first and third Tuesdays young scholars have worked diligently of each month. Additional meetings may be man who made the ultimate sacrifice to reach the national finals and called by the Chairman as he may deem nec- for his community. Officer Brian through their experience have gained essary or pursuant to the provisions of para- Aselton of the East Hartford Police De- knowledge and understanding of the graph 3 of rule XXVI of the Standing Rules partment lost his life on January 23, principles and values that support our of the Senate. 1999 when he responded to a noise com- constitutional democracy. 2. Meetings of the Committee, or any sub- plaint call that turned out to be any- The We the People . . . The Citizen committee, including meetings to conduct thing but routine. Instead, Brian be- and the Constitution program is the hearings, shall be open to the public, except came the eleventh Connecticut police most extensive educational program in that a meeting or series of meetings by the Committee, or any subcommittee, on the officer killed in the line of duty in the the country developed specifically to same subject for a period of no more than 14 last ten years. educate young people about the Con- calendar days may be closed to the public on This tragedy has touched the entire stitution and the Bill of Rights. The a motion made and seconded to go into region; more than ten thousand civil- three-day national competition is mod- closed session to discuss only whether the ians and law enforcement officials at- eled after hearings in the United States matters enumerated in subparagraphs (A) tended Brian’s funeral. We have all Congress, consisting of oral presen- through (F) would require the meeting to be tried to come to terms with the utter tations by high school students before closed followed immediately by a record vote senselessness of his death. Brian was a a panel of adult judges. The student in open session by a majority of the members of the Committee, or any subcommittee, young man at the start of a promising testimony is followed by a period of when it is determined that the matters to be career with a supportive nucleus of questioning during which the judges discussed or the testimony to be taken at family and friends. Truly, he embodied probe students for their depth of under- such meeting or meetings— the determination, strength, and spirit standing and ability to apply their con- (A) will disclose matters necessary to be that is such an integral part of our na- stitutional knowledge. kept secret in the interests of national de- tion’s history. Yet, in an instant, It is so important that our young fense or the confidential conduct of the for- Brian’s life and the lives of everyone people come to understand and appre- eign relations of the United States; who loved him changed forever. ciate these unique concepts and values (B) will relate solely to matters of Com- Every law enforcement officer puts which knit our nation together. For it mittee staff personnel or internal staff man- agement or procedure; his or her life on the line to protect is their leadership which must guide (C) will tend to charge an individual with citizens every day. Too often, we as ci- our country’s future, and their wisdom crime or misconduct, to disgrace or injure vilians forget the dangers of the occu- which must be equal to our country’s the professional standing of an individual, or pation and do not show these brave and need. Again, I congratulate the student otherwise to expose an individual to public

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2232 CONGRESSIONAL RECORD — SENATE March 3, 1999 contempt or obloquy, or will represent a hours in advance of the Committee meeting, Rule 7. Order of Motions.—When several clearly unwarranted invasion of the privacy in as many copies as the Chairman of the motions are before the committee dealing of an individual; Committee prescribes. This rule may be with related or overlapping matters, the (D) will disclose the identity of any in- waived with the concurrence of the Chair- chairman may specify the order in which the former or law enforcement agent or will dis- man and the Ranking Member.∑ motions shall be voted upon. Rule 8. Bringing a Matter to a Vote.—If the close any information relating to the inves- f tigation or prosecution of a criminal offense chairman determines that a motion or that is required to be kept secret in the in- RULES OF THE COMMITTEE ON amendment has been adequately debated, he terests of effective law enforcement; FINANCE may call for a vote on such motion or amendment, and the vote shall then be (E) will disclose information relating to ∑ Mr. ROTH. Mr. President, pursuant the trade secrets of financial or commercial taken, unless the committee votes to con- information pertaining specifically to a to paragraph 2 of Rule XXXVI, Stand- tinue debate on such motion or amendment, given person if— ing Rules of the Senate, I submit for as the case may be. The vote on a motion to (1) an Act of Congress requires the infor- printing in the CONGRESSIONAL RECORD continue debate on any motion or amend- mation to be kept confidential by Govern- the Rules of the Committee on Finance ment shall be taken without debate. ment officers and employees; or for the 106th Congress. Rule 9. Public Announcement of Com- mittee Votes.—Pursuant to paragraph 7(b) of (2) the information has been obtained by The Rules follow: Rule XXVI of the Standing Rules of the Sen- the Government on a confidential basis, COMMITTEE ON FINANCE ate (relating to public announcement of other than through an application by such I. RULES OF PROCEDURE votes), the results of rollcall votes taken by person for a specific Government financial or Rule 1. Regular Meeting Days.—The reg- the committee on any measure (or amend- other benefit, and is required to be kept se- ment thereto) or matter shall be announced cret in order to prevent undue injury to the ular meeting day of the committee shall be the second and fourth Tuesday of each publicly not later than the day on which competitive position of such person; or such measure or matter is ordered reported (F) may divulge matters required to be month, except that if there be no business before the committee the regular meeting from the committee. kept confidential under other provisions of Rule 10. Subpoenas.—Subpoenas for attend- shall be omitted. law or Government regulations. ance of witnesses and the production of Rule 2. Committee Meetings.—(a) Except 3. Each witness who is to appear before the memoranda, documents, and records shall be as provided by paragraph 3 of Rule XXVI of Committee or any subcommittee shall file issued by the chairman, or by any other the Standing Rules of the Senate (relating to with the Committee, at least 24 hours in ad- member of the committee designated by vance of the hearing, a written statement of special meetings called by a majority of the him. his testimony in as many copies as the committee) and subsection (b) of this rule, Rule 11. Nominations.—In considering a Chairman of the Committee or Sub- committee meetings, for the conduct of busi- nomination, the Committee may conduct an committee prescribes. ness, for the purpose of holding hearings, or investigation or review of the nominee’s ex- 4. Field hearings of the full Committee, for any other purpose, shall be called by the perience, qualifications, and suitability, to and any subcommittee thereof, shall be chairman. Members will be notified of com- serve in the position to which he or she has scheduled only when authorized by the mittee meetings at least 48 hours in advance, been nominated. To aid in such investigation Chairman and ranking minority member of unless the chairman determines that an or review, each nominee may be required to the full Committee. emergency situation requires a meeting on submit a sworn detailed statement including shorter notice. The notification will include biographical, financial, policy, and other in- II. QUORUMS a written agenda together with materials formation which the Committee may re- 1. Eleven members shall constitute a prepared by the staff relating to that agenda. quest. The Committee may specify which quorum for official action of the Committee After the agenda for a committee meeting is items in such statement are to be received when reporting a bill, resolution or nomina- published and distributed, no nongermane on a confidential basis. Witnesses called to tion. Proxies shall not be counted in making items may be brought up during that meet- testify on the nomination may be required to a quorum. ing unless at least two-thirds of the members testify under oath. 2. Seven members shall constitute a present agree to consider those items. Rule 12. Open Committee Hearings.—To quorum for the transaction of all business as (b) In the absence of the chairman, meet- the extent required by paragraph 5 of Rule may be considered by the Committee, except ings of the committee may be called by the XXVI of the Standing Rules of the Senate for the reporting of a bill, resolution or nom- ranking majority member of the committee (relating to limitations on open hearings), ination. Proxies shall not be counted in mak- who is present, provided authority to call each hearing conducted by the committee ing a quorum. meetings has been delegated to such member shall be open to the public. 3. For the purpose of taking sworn testi- by the chairman. Rule 13. Announcement of Hearings.—The mony a quorum of the Committee and each Rule 3. Presiding Officer.—(a) The chair- committee shall undertake consistent with subcommittee thereof, now or hereafter ap- man shall preside at all meetings and hear- the provisions of paragraph 4(a) of Rule pointed, shall consist of one Senator. ings of the committee except that in his ab- XXVI of the Standing Rules of the Senate (relating to public notice of committee hear- III. PROXIES sence the ranking majority member who is present at the meeting shall preside. ings) to issue public announcements of hear- When a record vote is taken in the Com- ings it intends to hold at least one week mittee on any bill, resolution, amendment, (b) Notwithstanding the rule prescribed by subsection (a) any member of the committee prior to the commencement of such hearings. or any other question, a majority of the Rule 14. Witnesses at Hearings.—(a) Each members being present, a member who is un- may preside over the conduct of a hearing. Rule 4. Quorums.—(a) Except as provided witness who is scheduled to testify at any able to attend the meeting may submit his hearing must submit his written testimony in subsection (b) one-third of the member- vote by proxy, in writing or by telephone, or to the staff director not later than noon of ship of the committee, including not less through personal instructions. the business day immediately before the last than one member of the majority party and business day preceding the day on which he IV. BROADCASTING OF HEARINGS one member of the minority party, shall con- Public hearings of the full Committee, or is scheduled to appear. Such written testi- stitute a quorum for the conduct of business. mony shall be accompanied by a brief sum- any subcommittee thereof, shall be televised (b) Notwithstanding the rule prescribed by mary of the principal points covered in the or broadcast only when authorized by the subsection (a), one member shall constitute written testimony. Having submitted his Chairman and the ranking minority member a quorum for the purpose of conducting a written testimony, the witness shall be al- of the full Committee. hearing. lowed not more than ten minutes for oral V. SUBCOMMITTEES Rule 5. Reporting of Measures or Rec- presentation of his statement. 1. Any member of the Committee may sit ommendations.—No measure or rec- (b) Witnesses may not read their entire with any subcommittee during its hearings ommendation shall be reported from the written testimony, but must confine their or any other meeting but shall not have the committee unless a majority of the com- oral presentation to a summarization of authority to vote on any matter before the mittee is actually present and a majority of their arguments. subcommittee unless he is a Member of such those present concur. (c) Witnesses shall observe proper stand- Rule 6. Proxy Voting; Polling.—(a) Except subcommittee. ards of dignity, decorum and propriety while as provided by paragraph 7(a)(3) of Rule 2. Subcommittees shall be considered de presenting their views to the committee. XXVI of the Standing Rules of the Senate novo whenever there is a change in the chair- Any witness who violates this rule shall be (relating to limitation on use of proxy voting manship, and seniority on the particular dismissed, and his testimony (both oral and to report a measure or matter), members subcommittee shall not necessarily apply. written) shall not appear in the record of the who are unable to be present may have their hearing. VI. CONSIDERATION OF BILLS AND RESOLUTIONS vote recorded by proxy. (d) In scheduling witnesses for hearings, It shall not be in order during a meeting of (b) At the discretion of the committee, the staff shall attempt to schedule witnesses the Committee to move to proceed to the members who are unable to be present and so as to attain a balance of views early in consideration of any bill or resolution unless whose vote has not been cast by proxy may the hearings. Every member of the com- the bill or resolution has been filed with the be polled for the purpose of recording their mittee may designate witnesses who will ap- Clerk of the Committee not less than 48 vote on any rollcall taken by the committee. pear

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2233 before the committee to testify. To the ex- (f) The chairman and ranking minority immediately notified of the Senate’s tent that a witness designated by a member members shall serve as nonvoting ex officio action, and the Senate then return to cannot be scheduled to testify during the members of the subcommittees on which legislative session. time set aside for the hearing, a special time they do not serve as voting members. will be set aside for the witness to testify if (g) Any member of the committee may at- The PRESIDING OFFICER. Without the member designating that witness is tend hearings held by any subcommittee and objection, it is so ordered. available at that time to chair the hearing. question witnesses testifying before that Rule 15. Audiences.—Persons admitted subcommittee. The nominations considered and con- into the audience for open hearings of the (h) Subcommittee meeting times shall be firmed en bloc are as follows: committee shall conduct themselves with coordinated by the staff director to insure IN THE AIR FORCE the dignity, decorum, courtesy and propriety that— traditionally observed by the Senate. Dem- (1) no subcommittee meeting will be held The following named officers for appoint- onstrations of approval or disapproval of any when the committee is in executive session, ment in the United States Air Force to the statement or act by any member or witness except by unanimous consent; grade indicated under title 10, U.S.C., section are not allowed. Persons creating confusion (2) no more than one subcommittee will 624: or distractions or otherwise disrupting the meet when the full committee is holding orderly proceeding of the hearing shall be ex- hearings; and To be brigadier general pelled from the hearing. (3) not more than two subcommittees will Col. James B. Armor, Jr., 0000 Rule 16. Broadcasting of Hearings.— meet at the same time. Col. Barbara C. Brannon, 0000 (a) Broadcasting of open hearings by tele- Notwithstanding paragraphs (2) and (3), a Col. David M. Cannan, 0000 subcommittee may meet when the full com- vision or radio coverage shall be allowed Col. Richard J. Casey, 0000 mittee is holding hearings and two sub- upon approval by the chairman of a request Col. Kelvin R. Coppock, 0000 committees may meet at the same time only filed with the staff director not later than Col. Kenneth M. Decuir, 0000 upon the approval of the chairman and the noon of the day before the day on which such Col. Arthur F. Diehl, III, 0000 ranking minority member of the committee coverage is desired. Col. Lloyd E. Dodd, Jr., 0000 and subcommittees involved. (b) If such approval is granted, broad- Col. Bob D. Dulaney, 0000 casting coverage of the hearing shall be con- (i) All nominations shall be considered by Col. Felix Dupre, 0000 ducted unobtrusively and in accordance with the full committee. Col. Robert J. Elder, Jr., 0000 the standards of dignity, propriety, courtesy (j) The chairman will attempt to schedule Col. Frank R. Faykes, 0000 and decorum traditionally observed by the reasonably frequent meetings of the full Col. Thomas J. Fiscus, 0000 Senate. committee to permit consideration of legis- (c) Equipment necessary for coverage by lation reported favorably to the committee Col. Paul J. Fletcher, 0000 television and radio media shall not be in- by the subcommittees. Col. John H. Folkerts, 0000 stalled in, or removed from, the hearing Rule 18. Transcripts of Committee Meet- Col. William M. Fraser, III, 0000 room while the committee is in session. ings.—An accurate record shall be kept of all Col. Stanley Gorenc, 0000 (d) Additional lighting may be installed in markups of the committee, whether they be Col. Michael C. Gould, 0000 the hearing room by the media in order to open or closed to the public. This record, Col. Paul M. Hankins, 0000 raise the ambient lighting level to the lowest marked as ‘‘uncorrected,’’ shall be available Col. Elizabeth A. Harrell, 0000 level necessary to provide adequate tele- for inspection by Members of the Senate, or Col. Peter J. Hennessey, 0000 vision coverage of the hearing at the then members of the committee together with Col. William W. Hodges, 0000 current state of the art of television cov- their staffs, at any time. This record shall Col. Donald J. Hoffman, 0000 erage. not be published or made public in any way Col. William J. Jabour, 0000 (e) The additional lighting authorized by except: Col. Thomas P. Kane, 0000 subsection (d) of this rule shall not be di- (a) By majority vote of the committee Col. Claude R. Kehler, 0000 rected into the eyes of any members of the after all members of the committee have had Col. Frank G. Klotz, 0000 committee or of any witness, and at the re- a reasonable opportunity to correct their re- Col. Robert H. Latiff, 0000 quest of any such member or witness, offend- marks for grammatical errors or to accu- Col. Michael G. Lee, 0000 ing lighting shall be extinguished. rately reflect statements made. Col. Robert E. Mansfield, Jr., 0000 (f) No witness shall be required to be pho- (b) Any member may release his own re- Col. Henry A. Obering, III, 0000 tographed at any hearing or to give testi- marks made in any markup of the com- Col. Lorraine K. Potter, 0000 mony while the broadcasting (or coverage) of mittee provided that every member or wit- Col. Neal T. Robinson, 0000 that hearing is being conducted. At the re- ness whose remarks are contained in the re- Col. Robin E. Scott, 0000 quest of any such witness who does not wish leased portion is given a reasonable oppor- Col. Norman R. Seip, 0000 to be subjected to radio or television cov- tunity before release to correct their re- Col. Bernard K. Skoch, 0000 erage, all equipment used for coverage shall marks. Col. Robert L. Smolen, 0000 be turned off. Notwithstanding the above, in the case of Col. Joseph P. Stein, 0000 Rule 17. Subcommittees.—(a) The chair- the record of an executive session of the Col. Jerald D. Stubbs, 0000 man, subject to the approval of the com- committee that is closed to the public pursu- Col. Kevin J. Sullivan, 0000 mittee, shall appoint legislative subcommit- ant to Rule XXVI of the Standing Rules of Col. James P. Totsch, 0000 tees. All legislation shall be kept on the full the Senate, the record shall not be published Col. Mark A. Volcheff, 0000 committee calendar unless a majority of the or made public in any way except by major- Col. Mark A. Welsh, III, 0000 members present and voting agree to refer ity vote of the committee after all members Col. Stephen G. Wood, 0000 specific legislation to an appropriate sub- of the committee have had a reasonable op- Col. Donald C. Wurster, 0000 committee. portunity to correct their remarks for gram- (b) The chairman may limit the period matical errors or to accurately reflect state- The following Air National Guard of the during which House-passed legislation re- ments made. United States officer for appointment in the ferred to a subcommittee under paragraph Rule 19. Amendment of Rules.—The fore- Reserve of the Air Force, to the grade indi- (a) will remain in that subcommittee. At the going rules may be added to, modified, cated under title 10, U.S.C., section 12203: end of that period, the legislation will be re- amended or suspended at any time.∑ stored to the full committee calendar. The f To be brigadier general period referred to in the preceding sentences Col. Michael B. Smith, 0000 should be 6 weeks, but may be extended in EXECUTIVE SESSION the event that adjournment or a long recess IN THE MARINE CORPS is imminent. (c) All decisions of the chairman are sub- EXECUTIVE CALENDAR The following named officer for appoint- ject to approval or modification by a major- Mr. MACK. Mr. President, I ask ment in the Reserve of the United States ity vote of the committee. Marine Corps to the grade indicated under unanimous consent that the Senate im- title 10, U.S.C., section 12203: (d) The full committee may at any time by mediately proceed to executive session majority vote of those members present dis- To be major general charge a subcommittee from further consid- to consider the following nominations eration of a specific piece of legislation. on the Executive Calendar: Nos. 10 Brig. Gen. Leo V. Williams, III, 0000 (e) Because the Senate is constitutionally through 13, and all nominations on the IN THE AIR FORCE prohibited from passing revenue legislation Secretary’s desk in the Air Force, originating in the Senate, subcommittees Army, Marine Corps, and Navy. The following named officers for appoint- may mark up legislation originating in the I further ask unanimous consent that ment in the United States Air Force to the Senate and referred to them under Rule 16(a) the nominations be confirmed, the mo- grade indicated under title 10, U.S.C., section to develop specific proposals for full com- 624: mittee consideration but may not report tion to reconsider be laid upon the such legislation to the full committee. The table, any statements relating to the To be major general preceding sentence does not apply to nonrev- nominations appear at the appropriate Brig. Gen. John R. Baker, 0000 enue legislation originating in the Senate. place in the RECORD, the President be Brig. Gen. John D. Becker, 0000

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2234 CONGRESSIONAL RECORD — SENATE March 3, 1999 Brig. Gen. Robert F. Behler, 0000 Army nominations beginning *Craig J. appeared in the Congressional Record of Feb- Brig. Gen. Scott C. Bergren, 0000 Bishop, and ending David W. Niebuhr, which ruary 3, 1999. Brig. Gen. Paul L. Bielowicz, 0000 nominations were received by the Senate and Marine Corps nomination of John C. Lex, Brig. Gen. Franklin J. Blaisdell, 0000 appeared in the Congressional Record of Feb- which was received by the Senate and ap- Brig. Gen. Robert P. Bongiovi, 0000 ruary 3, 1999. peared in the Congressional Record of Feb- Brig. Gen. Carrol H. Chandler, 0000 Army nominations beginning Dale G. Nel- ruary 3, 1999. Brig. Gen. Michael M. Dunn, 0000 son, and ending Frank M. Swett, Jr., which Marine Corps nomination of Lance A. Brig. Gen. Thomas B. Goslin, Jr., 0000 nominations were received by the Senate and McDaniel, which was received by the Senate Brig. Gen. Lawrence D. Johnston, 0000 appeared in the Congressional Record of Feb- and appeared in the Congressional Record of Brig. Gen. Michael S. Kudlacz, 0000 ruary 3, 1999. February 3, 1999. Brig. Gen. Arthur J. Lichte, 0000 Army nomination of Dennis K. Lockard, Marine Corps nomination of Joseph M. Brig. Gen. William R. Looney, III, 0000 which was received by the Senate and ap- Perry, which was received by the Senate and Brig. Gen. Stephen R. Lorenz, 0000 peared in the Congressional Record of Feb- appeared in the Congressional Record of Feb- Brig. Gen. T. Michael Moseley, 0000 ruary 3, 1999. ruary 3, 1999. Brig. Gen. Michael C. Mushala, 0000 Army nominations beginning Stuart C. Marine Corps nomination of Myron P. Brig. Gen. Larry W. Northington, 0000 Pike, and ending Delance E. Wiegele, which Edwards, which was received by the Senate Brig. Gen. Everett G. Odgers, 0000 nominations were received by the Senate and and appeared in the Congressional Record of Brig. Gen. William A. Peck, Jr., 0000 appeared in the Congressional Record of Feb- February 3, 1999. Brig. Gen. Timothy A. Peppe, 0000 ruary 3, 1999.. Marine Corps nominations beginning David Brig. Gen. Richard V. Reynolds, 0000 Army nomination of Franklin B. Weaver, J. Abbott, and ending Kevin H. Winters, Brig. Gen. Earnest O. Robbins, II, 0000 which was received by the Senate and ap- which nominations were received by the Sen- Brig. Gen. Randall M. Schmidt, 0000 peared in the Congressional Record of Feb- ate and appeared in the Congressional Brig. Gen. Norton A. Schwartz, 0000 ruary 3, 1999. Record of February 3, 1999. Army nominations beginning Thomas J. Brig. Gen. Todd I. Steward, 0000 Navy nomination of Jose M. Gonzalez, Semarge, and ending *Jeffrey J. Fisher, Brig. Gen. George N. Williams, 0000 which was received by the Senate and ap- which nominations were received by the Sen- peared in the Congressional Record of Feb- IN THE AIR FORCE, ARMY, MARINE CORPS, NAVY ate and appeared in the Congressional ruary 3, 1999. Air Force nominations beginning Bruce R. Record of February 3, 1999. Navy nomination of Douglas L. Mayers, Burnham, and ending Mahender Dudani, Army nomination of *William J. which was received by the Senate and ap- which nominations were received by the Sen- Miluszusky, which was received by the Sen- peared in the Congressional Record of Feb- ate and appeared in the Congressional ate and appeared in the Congressional ruary 3, 1999. Record of February 3, 1999. Record of February 3, 1999. Air Force nominations beginning Malcolm Army nomination of *Daniel S. Sullivan, Navy nominations beginning Errol F. M. Dejnozka, and ending Gaelle J. Glickfield, which was received by the Senate and ap- Becker, and ending Eduardo R. Morales, which nominations were received by the Sen- peared in the Congressional Record of Feb- which nominations were received by the Sen- ate and appeared in the Congressional ruary 3, 1999. ate and appeared in the Congressional Record of February 3, 1999. Army nominations beginning Christopher Record of February 3, 1999.. Air Force nominations beginning *Les R. A. Acker, and ending X1910, which nomina- f Folio, and ending Daniel J. Feeney, which tions were received by the Senate and ap- nominations were received by the Senate and peared in the Congressional Record of Feb- LEGISLATIVE SESSION appeared in the Congressional Record of Feb- ruary 3, 1999. The PRESIDING OFFICER. Under ruary 3, 1999. Army nominations beginning George L. the previous order, the Senate will now Air Force nomination of Vincent J. Adams, III, and ending Juanita H. Winfree, return to legislative session. Shiban, which was received by the Senate which nominations were received by the Sen- and appeared in the Congressional Record of ate and appeared in the Congressional f February 3, 1999. Record of February 3, 1999. ORDERS FOR THURSDAY, MARCH Air Force nomination of Kymble L. McCoy, Army nominations beginning Lisa 4, 1999 which was received by the Senate and ap- Andersonlloyd, and ending Peter C. Zolper, peared in the Congressional Record of Feb- which nominations were received by the Sen- Mr. MACK. Mr. President, I ask ruary 3, 1999. ate and appeared in the Congressional unanimous consent that when the Sen- Air Force nominations beginning Robert S. Record of February 3, 1999. ate completes its business today, it Andrews, and ending David J. Zollinger, Army nominations beginning Mark O. stand in adjournment until 9:30 a.m. on which nominations were received by the Sen- Ainscough, and ending Arthur C. Zuleger, ate and appeared in the Congressional which nominations were received by the Sen- Thursday, March 4. I further ask that Record of February 3, 1999. ate and appeared in the Congressional on Thursday, immediately following Air Force nominations beginning Richard Record of February 3, 1999. the prayer, the Journal of proceedings L. Ayers, and ending William C. Wood, which Army nominations beginning Gregg T. be approved to date, the morning hour nominations were received by the Senate and Anders, and ending Carl C. Yoder, which be deemed to have expired, the time for appeared in the Congressional Record of Feb- nominations were received by the Senate and the two leaders be reserved, and the ruary 3, 1999. appeared in the Congressional Record of Feb- Senate then begin a period of morning Air Force nominations beginning Peter C. ruary 3, 1999. Atinopoulos, and ending George T. Zolovick, Army nominations beginning Robert V. business until 11 a.m., with Senators which nominations were received by the Sen- Adamson, and ending Jack W. Zimmerly, permitted to speak for up to 5 minutes ate and appeared in the Congressional which nominations were received by the Sen- each, with the following exceptions: Record of February 3, 1999. ate and appeared in the Congressional Senator GORTON, 20 minutes; Senator Army nominations beginning George L. Record of February 3, 1999. KERREY, 20 minutes; Senator ABRAHAM, Hancock, Jr., and ending Sidney W. Atkin- Army nominations beginning Tim O. 15 minutes; Senator GRAHAM, 10 min- son, which nominations were received by the Reutter, and ending *Jack M. Griffin, which utes, Senator WARNER, 10 minutes; Senate and appeared in the Congressional nominations were received by the Senate on Record of February 3, 1999. February 3, 1999, and appeared in the Con- Senator AKAKA, 5 minutes; and Senator Army nominations beginning Samuel J. gressional Record of February 4, 1999. MURRAY, 10 minutes. Boone, and ending Donna C. Weddle, which Marine Corps nomination of Terry G. The PRESIDING OFFICER. Without nominations were received by the Senate and Robling, which was received by the Senate objection, it is so ordered. appeared in the Congressional Record of Feb- and appeared in the Congressional Record of Mr. MACK. I further ask unanimous ruary 3, 1999. February 3, 1999. consent that following morning busi- Army nominations beginning Frederic L. Marine Corps nomination of Milton J. ness, the Senate resume consideration Borch III, and ending Stephanie D. Wilson, Staton, which was received by the Senate which nominations were received by the Sen- and appeared in the Congressional Record of of S. 280, the education flexibility part- ate and appeared in the Congressional February 3, 1999. nership bill, and Senator BINGAMAN be Record of February 3, 1999. Marine Corps nomination of Stephen W. recognized to offer an amendment re- Army nomination of Wendell C. King, Austin, which was received by the Senate garding dropouts. which was received by the Senate and ap- and appeared in the Congressional Record of The PRESIDING OFFICER. Without peared in the Congressional Record of Feb- February 3, 1999. objection, it is so ordered. ruary 3, 1999. Marine Corps nomination of William S. Army nominations beginning George A. Tate, which was received by the Senate and f Amonette, and ending Kenneth R. appeared in the Congressional Record of Feb- PROGRAM Stolworthy, which nominations were re- ruary 3, 1999. ceived by the Senate and appeared in the Marine Corps nomination of Robert S. Mr. MACK. Mr. President, for the in- Congressional Record of February 3, 1999. Barr, which was received by the Senate and formation of all Senators, the Senate

VerDate Mar 15 2010 21:40 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S03MR9.REC S03MR9 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1999 CONGRESSIONAL RECORD — SENATE S2235 will reconvene tomorrow morning at Jerry Berman, of Washington, D.C.; BRIG. GEN. JOHN D. BECKER, 0000. BRIG. GEN. ROBERT F. BEHLER, 0000. 9:30 a.m. and begin a period of morning representative of a business making BRIG. GEN. SCOTT C. BERGREN, 0000. business until 11 a.m. Following morn- content available over the Internet; BRIG. GEN. PAUL L. BIELOWICZ, 0000. BRIG. GEN. FRANKLIN J. BLAISDELL, 0000. ing business, the Senate will resume Srinija Srinivasan, of California; rep- BRIG. GEN. ROBERT P. BONGIOVI, 0000. consideration of the education flexi- resentative of a business providing BRIG. GEN. CARROL H. CHANDLER, 0000. BRIG. GEN. MICHAEL M. DUNN, 0000. bility bill, with Senator BINGAMAN Internet portal or search services; and BRIG. GEN. THOMAS B. GOSLIN, JR., 0000. being recognized immediately to offer Donald N. Telage, of Massachusetts; BRIG. GEN. LAWRENCE D. JOHNSTON, 0000. BRIG. GEN. MICHAEL S. KUDLACZ, 0000. an amendment regarding dropouts. representative of a business providing BRIG. GEN. ARTHUR J. LICHTE, 0000. Rollcall votes are possible throughout domain name registration services. BRIG. GEN. WILLIAM R. LOONEY III, 0000. BRIG. GEN. STEPHEN R. LORENZ, 0000. Thursday’s session, as the Senate con- f BRIG. GEN. T. MICHAEL MOSELEY, 0000. tinues to offer and debate amendments BRIG. GEN. MICHAEL C. MUSHALA, 0000. ADJOURNMENT UNTIL 9:30 A.M. BRIG. GEN. LARRY W. NORTHINGTON, 0000. to the Ed-Flex bill. TOMORROW BRIG. GEN. EVERETT G. ODGERS, 0000. The leader would like to notify all BRIG. GEN. WILLIAM A. PECK, JR., 0000. Mr. MACK. Mr. President, if there is BRIG. GEN. TIMOTHY A. PEPPE, 0000. Members that if the Senate is still con- BRIG. GEN. RICHARD V. REYNOLDS, 0000. sidering the Ed-Flex bill, rollcall votes no further business to come before the BRIG. GEN. EARNEST O. ROBBINS II, 0000. Senate, I now ask unanimous consent BRIG. GEN. RANDALL M. SCHMIDT, 0000. are expected up until noon on Friday, BRIG. GEN. NORTON A. SCHWARTZ, 0000. with a vote on Monday expected at ap- that the Senate stand in adjournment BRIG. GEN. TODD I. STEWART, 0000. BRIG. GEN. GEORGE N. WILLIAMS, 0000. proximately 5 p.m. All Members will be under the previous order. There being no objection, the Senate, AIR FORCE NOMINATIONS BEGINNING BRUCE R. notified as to the exact voting schedule at 6:37 p.m., adjourned until Thursday, BURNHAM, AND ENDING MAHENDER DUDANI, WHICH when it becomes available. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- March 4, 1999, at 9:30 a.m. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY f 3, 1999. f AIR FORCE NOMINATIONS BEGINNING MALCOLM M. APPOINTMENTS BY THE VICE DEJNOZKA, AND ENDING GAELLE J. GLICKFIELD, WHICH CONFIRMATIONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PRESIDENT PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY Executive nominations confirmed by 3, 1999. The PRESIDING OFFICER. The AIR FORCE NOMINATIONS BEGINNING * LES R. FOLIO, Chair, on behalf of the Vice President, the Senate March 3, 1999: AND ENDING DANIEL J. FEENEY, WHICH NOMINATIONS IN THE AIR FORCE WERE RECEIVED BY THE SENATE AND APPEARED IN THE pursuant to Title 46, Section 1295(b), of CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. the United States Code, as amended by THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TO THE GRADE INDICATED IN THE RESERVE OF THE AIR Pubic Law 101–595, appoints the fol- CATED UNDER TITLE 10, U.S.C., SECTION 624: FORCE UNDER TITLE 10, U.S.C., SECTION 12203: lowing Senators to the Board of Visi- To be brigadier general To be colonel tors of the U.S. Merchant Marine Acad- COL. JAMES B. ARMOR, JR., 0000. VINCENT J. SHIBAN, 0000. emy: COL. BARBARA C. BRANNON, 0000. COL. DAVID M. CANNAN, 0000. THE FOLLOWING NAMED OFFICER FOR REGULAR AP- The Senator from Arizona (Mr. COL. RICHARD J. CASEY, 0000. POINTMENT IN THE GRADE INDICATED IN THE UNITED MCCAIN), ex officio, as chairman of the COL. KELVIN R. COPPOCK, 0000. STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: COL. KENNETH M. DECUIR, 0000. Committee on Commerce, Science, and COL. ARTHUR F. DIEHL III, 0000. To be captain COL. LLOYD E. DODD, JR., 0000. Transportation; and the Senator from KYMBLE L. MCCOY, 0000. Maine (Ms. SNOWE), Committee on COL. BOB D. DULANEY, 0000. COL. FELIX DUPRE, 0000. AIR FORCE NOMINATIONS BEGINNING ROBERT S. AN- Commerce, Science, and Transpor- COL. ROBERT J. ELDER, JR., 0000. DREWS, AND ENDING DAVID J. ZOLLINGER, WHICH NOMI- tation. COL. FRANK R. FAYKES, 0000. NATIONS WERE RECEIVED BY THE SENATE AND AP- COL. THOMAS J. FISCUS, 0000. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY The Chair, on behalf of the Vice COL. PAUL J. FLETCHER, 0000. 3, 1999. President, pursuant to 14 U.S.C. 194(a), COL. JOHN H. FOLKERTS, 0000. AIR FORCE NOMINATIONS BEGINNING RICHARD L. COL. WILLIAM M. FRASER III, 0000. AYRES, AND ENDING WILLIAM C. WOOD, WHICH NOMINA- as amended by Public Law 101–595, ap- COL. STANLEY GORENC, 0000. TIONS WERE RECEIVED BY THE SENATE AND APPEARED points the following Senators to the COL. MICHAEL C. GOULD, 0000. IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. COL. PAUL M. HANKINS, 0000. AIR FORCE NOMINATIONS BEGINNING PETER C. Board of Visitors of the U.S. Coast COL. ELIZABETH A. HARRELL, 0000. ATINOPOULOS, AND ENDING GEORGE T. ZOLOVICK, Guard Academy: COL. PETER J. HENNESSEY, 0000. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COL. WILLIAM W. HODGES, 0000. AND APPEARED IN THE CONGRESSIONAL RECORD ON The Senator from Arizona (Mr. COL. DONALD J. HOFFMAN, 0000. FEBRUARY 3, 1999. COL. WILLIAM J. JABOUR, 0000. MCCAIN), ex officio, as Chairman of the COL. THOMAS P. KANE, 0000. IN THE ARMY COL. CLAUDE R. KEHLER, 0000. Committee on Commerce, Science, and ARMY NOMINATIONS BEGINNING GEORGE L. HANCOCK, COL. FRANK G. KLOTZ, 0000. JR., AND ENDING SIDNEY W. ATKINSON, WHICH NOMINA- Transportation; and the Senator from COL. ROBERT H. LATIFF, 0000. TIONS WERE RECEIVED BY THE SENATE AND APPEARED SHCROFT COL. MICHAEL G. LEE, 0000. Missouri (Mr. A ), Committee IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. COL. ROBERT E. MANSFIELD, JR., 0000. ARMY NOMINATIONS BEGINNING SAMUEL J. BOONE, on Commerce, Science, and Transpor- COL. HENRY A. OBERING III, 0000. AND ENDING DONNA C. WEDDLE, WHICH NOMINATIONS COL. LORRAINE K. POTTER, 0000. tation. WERE RECEIVED BY THE SENATE AND APPEARED IN THE COL. NEAL T. ROBINSON, 0000. CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. f COL. ROBIN E. SCOTT, 0000. ARMY NOMINATIONS BEGINNING FREDERIC L. BORCH COL. NORMAN R. SEIP, 0000. III, AND ENDING STEPHANIE D. WILLSON, WHICH NOMI- APPOINTMENTS BY THE COL. BERNARD K. SKOCH, 0000. NATIONS WERE RECEIVED BY THE SENATE AND AP- COL. ROBERT L. SMOLEN, 0000. MAJORITY LEADER PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY COL. JOSEPH P. STEIN, 0000. 3, 1999. COL. JERALD D. STUBBS, 0000. The PRESIDING OFFICER. The THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. KEVIN J. SULLIVAN, 0000. AS A PERMANENT PROFESSOR OF THE UNITED STATES Chair, on behalf of the majority leader, COL. JAMES P. TOTSCH, 0000. MILITARY ACADEMY IN THE GRADE INDICATED UNDER COL. MARK A. VOLCHEFF, 0000. pursuant to Public Law 105–220, an- TITLE 10, U.S.C., SECTION 4333 (B): COL. MARK A. WELSH III, 0000. nounces the appointment of the fol- COL. STEPHEN G. WOOD, 0000. To be colonel lowing individuals to serve as members COL. DONALD C. WURSTER, 0000. WENDELL C. KING, 0000. of the Twenty-first Century Workforce THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RESERVE ARMY NOMINATIONS BEGINNING GEORGE A. Commission: OF THE AIR FORCE, TO THE GRADE INDICATED UNDER AMONETTE, AND ENDING KENNETH R. STOLWORTHY, Susan Auld, of Vermont; Katherine TITLE 10, U.S.C., SECTION 12203: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON K. Clark, of Virginia; Bobby S. Garvin, To be brigadier general FEBRUARY 3, 1999. of Mississippi, and Randel K. Johnson, COL. MICHAEL B. SMITH, 0000. ARMY NOMINATIONS BEGINNING * CRAIG J. BISHOP, AND ENDING DAVID W. NIEBUHR, WHICH NOMINATIONS of Maryland. IN THE MARINE CORPS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f ARMY NOMINATIONS BEGINNING DALE G. NELSON, AND IN THE RESERVE OF THE UNITED STATES MARINE CORPS ENDING FRANK M. SWETT, JR., WHICH NOMINATIONS TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- APPOINTMENTS BY THE WERE RECEIVED BY THE SENATE AND APPEARED IN THE TION 12203: DEMOCRATIC LEADER CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. The TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIG. GEN. LEO V. WILLIAMS III, 0000. Chair, on behalf of the Democratic UNDER TITLE 10, U.S.C., SECTIONS 624 AND 628: IN THE AIR FORCE leader, pursuant to Public Law 105–277, To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DENNIS K. LOCKARD, 0000. announces the appointment of the fol- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- lowing individuals to serve as members CATED UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING STUART C. PIKE, AND of the commission on Online Child Pro- To be major general ENDING DELANCE E. WIEGELE, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE tection: BRIG. GEN. JOHN R. BAKER, 0000. CONGRESSIONAL RECORD ON FEBRUARY 3, 1999.

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. TO THE GRADE INDICATED IN THE UNITED STATES MA- UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING TIM O. REUTTER, AND RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: To be colonel ENDING *JOHN M. GRIFFIN, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CON- To be major FRANKLIN B. WEAVER, 0000. GRESSIONAL RECORD ON FEBRUARY 4, 1999. LANCE A. MCDANIEL, 0000. ARMY NOMINATIONS BEGINNING THOMAS J. SEMARGE, IN THE MARINE CORPS AND ENDING *JEFFREY J. FISHER, WHICH NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MA- CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. TO THE GRADE INDICATED IN THE UNITED STATES MA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be colonel To be lieutenant colonel AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN JOSEPH M. PERRY, 0000. ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 624, 628, TERRY G. ROBLING, 0000. AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MA- To be lieutenant colonel TO THE GRADE INDICATED IN THE UNITED STATES MA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: *WILLIAM J. MILUSZUSKY, 0000. RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major TO THE GRADE INDICATED IN THE UNITED STATES ARMY MILTON J. STATON, 0000. MYRON P. EDWARDS, 0000. AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 531, 624, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARINE CORPS NOMINATIONS BEGINNING DAVID J AB- AND 628: TO THE GRADE INDICATED IN THE UNITED STATES MA- BOTT, AND ENDING KEVIN H WINTERS, WHICH NOMINA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be major IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. *DANIEL S. SULLIVAN, 0000. To be major IN THE NAVY STEPHEN W. AUSTIN, 0000. ARMY NOMINATIONS BEGINNING CHRISTOPHER A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ACKER, AND ENDING X1910, WHICH NOMINATIONS WERE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY RECEIVED BY THE SENATE AND APPEARED IN THE CON- TO THE GRADE INDICATED IN THE UNITED STATES MA- UNDER TITLE 10, U.S.C., SECTION 624: GRESSIONAL RECORD ON FEBRUARY 3, 1999. RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING GEORGE L ADAMS III, AND ENDING JUANITA H WINFREE, WHICH NOMINATIONS To be lieutenant colonel To be commander WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. WILLIAM S. TATE, 0000. JOSE M. GONZALEZ, 0000. ARMY NOMINATIONS BEGINNING LISA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDERSONLLOYD, AND ENDING PETER C ZOLPER, WHICH TO THE GRADE INDICATED IN THE UNITED STATES MA- IN THE GRADE INDICATED IN THE UNITED STATES NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: NAVAL RESERVE IN ACCORDANCE WITH SECTION 12203 OF PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY TITLE 10, U.S.C.: 3, 1999. To be major ARMY NOMINATIONS BEGINNING MARK O AINSCOUGH, IN THE MEDICAL CORPS AND ENDING ARTHUR C ZULEGER, WHICH NOMINATIONS ROBERT S. BARR, 0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR CONGRESSIONAL RECORD ON FEBRUARY 3, 1999. To be captain APPOINTMENT TO THE GRADE INDICATED IN THE ARMY NOMINATIONS BEGINNING GREGG T ANDERS, DOUGLAS L. MAYERS, 0000. AND ENDING CARL C YODER, WHICH NOMINATIONS WERE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., RECEIVED BY THE SENATE AND APPEARED IN THE CON- SECTION 624: NAVY NOMINATIONS BEGINNING ERROL F. BECKER, GRESSIONAL RECORD ON FEBRUARY 3, 1999. To be major AND ENDING EDUARDO R. MORALES, WHICH NOMINA- ARMY NOMINATIONS BEGINNING ROBERT V ADAMSON, TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND ENDING JACK W ZIMMERLY, WHICH NOMINATIONS JOHN C. LEX, 0000. IN THE CONGRESSIONAL RECORD ON FEBRUARY 3, 1999.

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INTRODUCTION OF THE JACOB JO- a special relationship with the Capitol Police. dren's education. The Villegas' story provides SEPH CHESTNUT-JOHN MICHAEL In 1992, when there was a large spike in an excellent example of how parent involve- GIBSON CAPITOL VISITOR CEN- crime in the District, Congress passed the ment can make a positive difference in their TER ACT OF 1999 United States Capitol Police Jurisdiction Act, a children's lives, the local school and their com- bill I introduced authorizing the Capitol Police munity. HON. ELEANOR HOLMES NORTON to patrol parts of the Capitol Hill residential Jose and Kathy Villegas' story is part of a feature story in the November 1998 issue of OF THE DISTRICT OF COLUMBIA community closest to the Capitol. Capitol Po- Working Mother titled: Classroom Champions. IN THE HOUSE OF REPRESENTATIVES lice officers were not only willing; they were enthusiastic to use their excellent training and As the only individuals to receive this award in Wednesday, March 3, 1999 professionalism for the benefit of residents the United States, they stand as an example Ms. NORTON. Mr. Speaker, I am re-intro- and the many tourists and visitors whose safe- to all of us. Join me today in recognizing re- ducing the Jacob Joseph Chestnut-John Mi- ty might be compromised by having to travel cipients of the 1998 Apple Parent Involvement chael Gibson United States Capitol Visitor through high-crime areas in order to get to the in Education Award, Jose and Kathy Villegas. Center Act of 1999 (Chestnut-Gibson Act), Capitol. f which I originally introduced shortly after the Our foremost obligation is to protect all who NATIONAL EYE DONOR MONTH deaths of Capitol Police officers Jacob Joseph visit or work here and to spare no legitimate Chestnut and John Michael Gibson. My bill consideration in protecting the United States HON. NITA M. LOWEY authorizes the Architect of the Capitol ``to plan, Capitol. The Capitol is a temple of democracy OF NEW YORK construct, equip, administer, and maintain a and is the most important symbol of the open IN THE HOUSE OF REPRESENTATIVES Capitol Visitor Center under the East Plaza of society in which we live. It is even more so the Capitol'' grounds. than the White House, in part because the Wednesday, March 3, 1999 The primary purpose of the bill is to in- President's workplace is also a residence and Mrs. LOWEY. Mr. Speaker, I would like to crease public safety and security. According to cannot be entirely open. The Capitol symbol- call to the attention of my colleagues and the the Capitol Police and the U.S. Capitol Police izes our free and open society not only be- public that March is National Eye Donor Board, a visitor center would provide signifi- cause it is accessible but also because of Month. National recognition of Eye Donor cant distance between the Capitol and visitors, what transpires here. It is here that the people Month dates back to the very early days of and for a host of reasons they have docu- come to petition their government, to lobby transplantation, when corneas were the only mented, would make the Capitol more secure. and to persuade us, and ultimately to dis- human transplants. Now, transplantations are No one knows whether Officer Chestnut or charge us if we stray too far from their demo- common medical procedures by which people Special Agent Gibson or, for that matter, any cratic demands. Thus, we neither have nor may give so that others can live better, fuller, other officer or individual would have been would we want the option to make the Capitol healthier lives. spared had a visitor center been in place last more difficult to access. After last summer's National Eye Donor Month honors the thou- July. What we do know is that our nineteenth tragedy, we have an obligation to demonstrate sands of Americans who, over the past 55 century Capitol was not built with anything like that security is not inconsistent with democ- years, have each left behind a priceless leg- today's security hazards in mind. racy. acyÐtheir eyes. Since the first transplant agency was founded in New York City in I have also been a strong supporter of a f Capitol Visitor Center since coming to Con- 1944, sight has been restored to over half a gress in 1991, not only for security reasons JOSE AND KATHY VILLEGAS ARE million individuals by means of cornea trans- but also because the existing conditions here RECIPIENTS OF THE 1998 APPLE plantation. Eye Donor Month is also about increasing do not ensure the health, convenience, and PARENT INVOLVEMENT IN EDU- public awareness of the continuing need for cordiality that our constituents are entitled to. CATION AWARD donors. Many people are still unaware of how Members are often forced to address constitu- easy it is to become an eye donor. All a donor ents seated on stone steps outdoors. In the HON. HEATHER WILSON needs to do is sign a card and announce to blistering heat and merciless cold of Washing- OF NEW MEXICO his or her family the intent to leave behind this ton, visitors wait in line outdoors to tour the IN THE HOUSE OF REPRESENTATIVES special gift. Capitol. Last summer, the hottest on record in Wednesday, March 3, 1999 I am confident that if more Americans real- the United States, saw tourists faint while wait- ized the true extent of the need for trans- ing in line and then rushed inside to be treated Mrs. WILSON. Mr. Speaker, I wish to bring plants, many more would willingly donate their by our physicians. Even if the Capitol had not to your attention an honor given to Jose and corneas, once they can no longer use them. incurred a terrible tragedy, we would be in Kathy Villegas, residents of the great state of More than 40,000 Americans will need cornea need of a more civil way to welcome the peo- New Mexico. Jose and Kathy Villegas have re- transplants this year. Thousands of research- ple we represent. ceived the 1998 Apple Parent Involvement in ers will need donor eye tissue to explore pre- Although the Congress did not pass this bill Education (PIE) Award. vention and treatment of blinding diseases. in the last Congress, it recognized the urgency Jose and Kathy Villegas received this award Understandably, most people do not like to of building a Capitol Visitor Center by provid- because their children Candace Marie, age 13 think about their own deaths, nor discuss the ing $100 million for its construction in the Om- and Joseph, Jr. age 11 took the initiative to matter with their families. As a result, they fre- nibus Appropriations bill. However, the appro- write a letter of nomination to Apple PIE quently put off signing their donor cards until priation does not contain any guidelines for Awards. Our most important job as parents is it is too late. I hope that more people will in- the Architect of the Capitol to follow in admin- providing our children with values, teaching stead follow the example of a young boy in my istering the project. My bill would require the the difference between right and wrong and district, Nathan Sheinfeld of Scarsdale, NY. At Architect to work within the framework of rec- setting examples of respect for ourselves, oth- age 9, Nathan became a living eye donor. ommendations issued in 1995, to identify alter- ers and our community. Jose and Kathy When faced with the loss of his left eye after natives for construction to achieve cost sav- Villegas obviously have done this with their a golfing incident, one of his first thoughts was ings, and to submit a report containing the children. The nomination letter included a de- to ask if it could possibly be used by someone plans and designs within 120 days of passage scription of how their parents were instrumen- else. Only a few days after his accident, Na- of my legislation. This procedure would ensure tal in getting a classroom addition at their ele- than gave the gift of sight to a 53-year-old that the Capitol Visitor Center is undertaken mentary school and a stop light at a busy man. expeditiously and cost-effectively. intersection used by school children. Jose and Thankfully, very few people lose their sight I feel a special obligation in introducing this Kathy Villegas are involved in many task in such a tragic way. But we can all follow Na- bill because the residents of the District have forces working on issues important to chil- than's example by promising to donate our

∑ 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. E324 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1999 eyes when we no longer need them. I encour- Players, and she helped in restoring the M.B. grams and/or teaching methods. Within her age people to discuss this important issue with Dry Memorial Chapel on campus. school, Zuni Elementary, Ms. McAfee provides their families, as Nathan did. By arranging to Most recently, the McGees were in Tortola leadership and models the behaviors identified donate his eye, this young boy has shown us in the British Virgin Islands where Dr. McGee in the criteria. By providing the example she that some good can result even from a tragic was on a three month sabbatical to relax and raises the standard for all teachers at Zuni El- loss. spend more time with his wife. In remarks Dr. ementary, supporting a team environment for Our nation's eye banksÐnon-profit agencies McGee released, he said, ``She was the moth- children to learn. operating under the umbrella of the Eye Bank er, wife, daughter and sister that everyone This Award is the reflection of the many Association of AmericaÐhave done a heroic dreams ofÐone of the easiest people to love lives Mary McAfee has touched. With all of the job of restoring sight to blind people. Today, who ever lived.'' Hannah McGee will be talk about how to improve education, Mary cornea transplantation is the most common missed. I ask my colleagues to join me in hon- McAfee is actually making those improve- transplant procedure performed, with an ex- oring a remarkable woman. ments for the children of Zuni Elementary and tremely high success rate of nearly 90 per- f for our great community of Albuquerque, New cent. Mexico. Please join me in thanking and honor- This incredible success rate is due in part to CELEBRATING THE 15TH ANNIVER- ing Mary McAfee for those contributions. a meticulous screening process which sepa- SARY OF THE SECURUS HOUSE f IN CLAYTON COUNTY, GEORGIA rates out corneas unsuitable for transplan- IN HONOR OF DEPUTY MAYOR AN- tation. These may be used for research pur- GELO CORTINAS AND COUNCIL- poses in surgical training and medical edu- HON. MAC COLLINS MAN ANSELMO MILLAN, FOR cation. So, while each donated eye is put to OF GEORGIA THEIR DEDICATION TO THE HIS- good use, such a selective screening process IN THE HOUSE OF REPRESENTATIVES PANIC COMMUNITY must be supported by a large number of dona- Wednesday, March 3, 1999 tions. HON. ROBERT MENENDEZ Right now, there are simply not enough do- Mr. COLLINS. Mr. Speaker, I rise today to OF NEW JERSEY nors. We must change that. I want to encour- celebrate and commemorate the anniversary IN THE HOUSE OF REPRESENTATIVES age my colleagues to celebrate National Eye of the Securus House in Clayton County, Donor Month by working closely with our Na- Georgia. In 1983, three members of the Clay- Wednesday, March 3, 1999 tion's eye banks to educate the American pub- ton County/Henry County Women's Council of Mr. MENENDEZ. Mr. Speaker, I rise today lic about how they can help others to see. Let Realtors, Tricia Capps, Jane Cox, and Betsy to recognize the late Honorable Angelo Corti- us all aim to increase the number of eyes Ramsey discussed options for a community nas and the Honorable Anselmo Millan for available for transplantation, so that we may il- project with Anne Plant, Director of Family and their dedication and commitment to the His- luminate the darkness for so many of our fel- Children Services. These concerned citizens panic Community. low citizens. joined together to establish a badly needed fa- In his days as a detective for the Office of f cility for battered women. On March 9, 1999, the Sheriff, Deputy Mayor Angelo Cortinas the Securus House will celebrate fifteen years worked tirelessly for the citizens of Essex TRIBUTE TO HANNAH COVINGTON of work to ease and overcome family violence. County. Responsible for more than 2,000 ar- MCGEE With well over 82,000 men, women, and rests during his 26 years on the force, Mr. children requesting assistance from this com- Cortinas was committed to the safety and well HON. ROBIN HAYES munity project, the Securus House is a daily, being of the community. More specifically, Mr. OF NORTH CAROLINA working example of what local communities Cortinas devoted his life and career to the bet- terment of Latinos and the Hispanic Commu- IN THE HOUSE OF REPRESENTATIVES are capable of accomplishing. Every day, the Securus House makes nity. Wednesday, March 3, 1999 strides toward the elimination of domestic vio- Through hard work and perseverance, Mr. Mr. HAYES. Mr. Speaker, I rise today to lence. Although it has sheltered over 3,400 Cortinas' grassroots efforts provided many honor the life of Hannah Covington McGee, a women and children, tragically, between 1988 services to the Latinos in my district. He woman who was dedicated to serve in her and 1998 in Clayton County, one hundred and served as founding member on the Hispanic Emergency Council, the Hispanic Chamber of community and at Wingate University in seventeen women, children, and men died as Commerce, and the Hispanic Law Enforce- Wingate, North Carolina. the result of domestic violence. Their lives will ment Society of Essex County. He also served Mrs. McGee, was a native of Rockingham, be remembered in a candlelight vigil as part of as Chairman of Club Espana, Vice President North Carolina. The McGees moved to the anniversary commemoration. of the National Association of Latino Trustees, Wingate 61¤2 years ago when her husband, I congratulate and commend the Securus Honorary member of the Cuban American As- Jerry, was named president of Wingate Uni- House and Clayton County for their tremen- versity. Together they have raised two sons sociation, and as a member of the State dous efforts on behalf of the community and Democratic Hispanic League of Voters. In ad- and served the thousands of students who for the difference they make every day. dition, Mr. Cortinas served as the Chairman of have attended Wingate University under their f the College Board since 1993, making him the tenure. first Hispanic in the state to attain this distin- Jerry and Hannah McGee have been mar- MARY MCAFEE NAMED THE guished position. ried 33 years. They have been sweethearts MILKEN FAMILY FOUNDATION NATIONAL EDUCATOR After retiring from an impressive career with ever since his high school football days in the Sheriff's Office, Mr. Cortinas used his Richmond County, North Carolina. Dr. McGee years of experience to further serve the com- often referred to his wife as ``the girl with the HON. HEATHER WILSON munity by entering into politics. Since January, ponytail who stole my heart.'' OF NEW MEXICO 1998, Mr. Cortinas had served as Deputy At Wingate University, Mrs. McGee, an art IN THE HOUSE OF REPRESENTATIVES Mayor of Newark until his recent passing. Mr. lover, took a keen interest in the new fine arts Wednesday, March 3, 1999 Cortinas will be greatly missed by the Latino center. She helped lead the fund-raising cam- Community, the City of Newark, and the 13th paign for a new George A. Batte Fine Arts Mrs. WILSON. Mr. Speaker, I wish to bring Congressional District. Center and assisted with its interior decora- to your attention the honor bestowed upon Anselmo Millan was elected in 1995 as the tion. As the wife of the President, Mrs. McGee Mary McAfee, Principal of Zuni Elementary first ever Hispanic Councilman in the Town of attended numerous dinners, graduations and Magnet School, Albuquerque, New Mexico. Harrison. He has been a source of leadership special functions at Wingate, that she was not Ms. McAfee has been named to receive the to the jurisdiction, as well as to the Hispanic required to attend. But she shared her hus- 1998 Milken Family Foundation National Edu- Community. Mr. Millan has coordinated citi- band's commitment to the University and was cator Award. zenship drives, clothes drives for survivors of honored to participate. Mary McAfee is one of 160 outstanding edu- Hurricanes Mitch and Hortense, and helped In the community, Mrs. McGee was tireless cators from around our great country selected organize the Coalicion de Sociedades in her efforts to serve. She helped launch for this honor. The criterion for this award in- Espanolas. He has also been a leader for English as a second language program in the cludes exceptional educational talent and Latino vote-USA, an organization that is de- Union County schools. Mrs. McGee was on promise and distinguished achievement in de- voted to including Latinos in the democratic the Board of Directors at the Union County veloping innovative educational curricula, pro- process. CONGRESSIONAL RECORD — Extensions of Remarks E325 Mr. Millan continues to serve the community MY SERVICE TO AMERICA given to Helen Keller, Pasteur, Michelan- by maintaining memberships on many commit- (By Daniel Dirnberger) gelo, Mother Teresa, Leonardo da Vinci, Thomas Jefferson, and Albert Einstein. (H. tees and boards. From the Boy Scouts of As I stood in the darkness of the theater Jackson Brown, Jr.) Remember, if you don’t America and the Harrison PTA, to Club watching the end of the war movie ‘‘Saving Private Ryan’’ my eyes welled up with tears do it, you’ll never know what would have Espana and Casa Galicia, Mr. Millan has so- happened if you had done it. lidified his position in the community as a as the older Private Ryan stood at the grave youth advocate and Hispanic Leader. of his friend. This scene made me think My service to America and my suggestions about how much these brave men and women may seem small but in reality they are larg- And his efforts have not gone unnoticed. Mr. have had to suffer and sacrifice so that our er then you can imagine. By doing these lit- Millan has won numerous awards including freedom may endure to this day. From where tle things we are contributing to a larger the Award of Honor Al Merito for Commitment I stood I could see many of the reactions of body of people who, like me, believe that the to the Hispanic Community and awards of the people in the audience. Some wept, oth- human spirit is the most powerful thing of support from the Uruguayan, Portuguese, and ers held their heads low, and still others all once it is driven on. The war today my Equatorian communities. seem so shocked that emotional reaction was friends is not on the battlefield of a foreign In addition to the leadership and support Mr. impossible for them to express. What at- country but on the very land or our own tracted my attention, however, was the reac- Millan has provided to the Latinos of Harrison, country. My service, indeed all our services, tion of the war veterans who had come to see to America is simply to be the best we can he has also served the larger community the movie that day. be, to fight the good fight, and be someone through his environmental concerns. Acting as The veterans sat in a group on the top row. who is strong and proud to call themselves Chairman to a number of environmentally con- None of them had shown any emotion during an American. We do that and everything scious organizations such as Clean Commu- the movie until Private Ryan saluted the that our elders bled, fought, and died for will nities, the Beautification Committee, and the grave of his friend. At that moment the en- truly be honored. We will be one nation, Brownfields Committee, Mr. Millan helped tire group of veterans stood up silently. Each under God, indivisible, with liberty and jus- shine a light on environmental issues both in one took off his hat, and all bowed their tice for all! heads. This simple, quiet act touched me the 13th District as well as the state of New deeply and almost drove me to tears. It filled Jersey. me with a deep sense of pride and admiration f These two men exemplify leadership and for these men and women who had endured dedication to both the Hispanic Community so much for our country. TRIBUTE TO NICK MADDOX ON and the community at large. For these tremen- As I walked out of the theater I felt WINNING ASSOCIATED PRESS dous contributions to New Jersey and their in- ashamed. These people have given so much PLAYER OF THE YEAR FOR credible example as public servants, I am very and I have given so little. Then I began to NORTH CAROLINA happy to honor these individuals for their think about my service to America, what was I doing to try and make this country a achievements. I salute and congratulate both better place? I could not think of any major of them on their extraordinary accomplish- task that I had accomplished to make me HON. ROBIN HAYES ments. worthy of the freedom that was given to me. OF NORTH CAROLINA f Then I thought of a very different service that I had been performing since I was IN THE HOUSE OF REPRESENTATIVES CONGRATULATING DANIEL DIRN- young. I have always tried to do well in BERGER OF ORAN, MO: SECOND school, be an upright citizen, and obey the Wednesday, March 3, 1999 PLACE NATIONAL WINNER IN laws but these things were so minor, so in- THE VFW 1999 VOICE OF DEMOC- significant that they could not possibly mat- Mr. HAYES. Mr. Speaker, it is my distinct RACY PROGRAM ter in this big country of ours. honor and pleasure to rise today to pay spe- I know now that I was wrong about these cial tribute to an outstanding student-athlete small services to America. These services are from North Carolina's Eighth Congressional HON. JO ANN EMERSON not insignificant: they are the most impor- District. Nick Maddox, a senior at A.L. Brown OF MISSOURI tant services that we as Americans today can do for our country. Just think what High School in Kannapolis, North Carolina, IN THE HOUSE OF REPRESENTATIVES would happen if everyone tried just a little has proved through his play on the field that Wednesday, March 3, 1999 harder to do better, work together, and be he is one of the top tailbacks in the country. Mrs. EMERSON. Mr. Speaker, on Sunday, the best they can be. Our country would be For the past two years, Nick Maddox has just a little bit better place to live and work. been honored with many awards for his ath- February 28, 1999, the Veterans of Foreign There are the pessimists who say that this Wars announced that Daniel Dirnberger, a view is nothing but a utopian philosophy letic talents, including: Parade All-American senior at Oran High School in Scott County, that can never come true but these people and Associated Press Player of the Year for Missouri, was the second place National win- have miscalculated their predictions of the North Carolina. Mr. Maddox demonstrated that ner of the ``1999 Voice of Democracy Pro- future. They have forgotten about the power with a great deal of hard work, dedication to gram.'' Daniel was sponsored by Morley VFW of the human spirit. This power can over- his teammates, and a strong sense of commit- Post 5368 and its Ladies Auxiliary. He is the come any obstacle or challenge that is pre- ment, you can realize your dreams. son of Mr. and Mrs. Leonard Dirnberger, and sented to it. All the spirit needs is a catalyst to push it on. Mr. Maddox has been humble in the spot- he plans on attending Southeast Missouri Uni- Too many Americans have lost their faith light, giving credit to his fellow teammates and versity next school year. in the human spirit. The media’s negative coaches. The A.L. Brown High School Won- Daniel's essay, entitled ``My Service to news and the magazines slanderous articles ders finished the 1998 football season with an America,'' captures the very essence of what break down the structure of society. These undefeated regular season with an record of it means to be an American. In a self-govern- things lead our entire society to believe that 11±0 and made it to the North Carolina High ing nation such as ours, each and everyone of the world is a horrible place filled with the School Athletic Association division AAA foot- monsters that used to haunt us as children. us serves our country when we ``simply be the ball play-offs. best we can be, fight the good fight, and be I believe that the human spirit can be re- born. If we all do our part or if even just a someone who is strong and proud to call The 5-foot-11, 190-pound Maddox had 45 few of us do a little, the human spirit will total touchdowns while rushing for 2,574 yards themselves an American. We do that and ev- shine through the negativity that surrounds erything that our elders bled, fought, and died last season. Maddox finished his high-school us and we can defeat the monsters that the career with more than 6,600 rushing yards for will be truly honored.'' I have enclosed a media has led us to believe exist in our soci- copy of Daniel's essay for the record. I hope ety. and a state record 114 touchdowns. Mr. Mad- that my colleagues will take a few minutes to Your service to America can be large or dox will be continuing his football career in the read his words, and to share his essay with small, depending on the type of person you Atlantic Coast Conference at Florida State young people in their districts. Daniel exempli- are. It does not take much to help your University. country or another person. Voting, vol- fies the energy, the optimism, and the dedica- unteering, or simply picking up a piece of Mr. Speaker, I congratulate Nick Maddox for tion to country that compelled our Founding trash on the ground can help all of us. Don’t his accomplishments on and off the field. I Fathers in their drive to create one nation, say you don’t have enough time to do some- urge all of my colleagues to join me in paying under God, indivisible with liberty and justice thing good and helpful. You have exactly the special tribute to an outstanding student-ath- for all. same number of hours per day that were lete. E326 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1999 ANTI-SEMITISM IN RUSSIA require sufficient notification of the public The BEACH bill requires EPA to set mini- when those waters pose a risk to human mum water quality standards to protect the HON. STENY H. HOYER health. As my colleagues know, I have cham- public from disease-causing pathogens in OF MARYLAND pioned this legislation for years, continuing the coastal recreational waters and to establish efforts of our friend Bill Hughes. IN THE HOUSE OF REPRESENTATIVES procedures for monitoring coastal recreational In the 105th Congress, the Subcommittee waters. It requires states to alert the public Wednesday, March 3, 1999 on Water Resources and Environment of the whenever beach water quality standards are Mr. HOYER. Mr. Speaker, I rise today to Transportation and Infrastructure Committee violated. bring to the attention of this House most dis- held a hearing on the BEACH bill. During that Mr. Speaker, the BEACH bill had bipartisan turbing developments in Russia. Anti-Semitism hearing, Gary Sirota of the Surfrider Founda- support in the 105th Congress, and I look for- rears its ugly head in public statements blam- tion remarked that as a life-long surfer he is ward to working again with my colleagues on ing Russia's current problems on the ``Yids''Ð often asked ``What will you do if you see a a bipartisan basis to make the public protec- statements not being made by neo-Nazi orga- shark.'' Mr. Sirota said that he always replies tions provided by this bill a reality. nizations or fringe groups, but rather by mem- ``It's the ones you don't see that you have to f bers of the Russian parliament. worry about.'' This exchange provides an ex- In November and December of last year, cellent analogy to the problem of contaminants INTRODUCTION OF THE MEDICARE two prominent Communist Party members of in our coastal recreation waters. Families visit- PRESERVATION AND RESTORA- the Duma, Albert Makashob and Viktor ing the sand and surf cannot see toxic dan- TION ACT Ilyukhin, blamed ``the Yids'' and president gers that might be lurking in the water. And Yeltsin's ``Jewish Entourage'' for Russia's cur- what they can't see can hurt them. HON. GERALD D. KLECZKA Beach-going is part of our national identity. rent problems. Duma Defense Committee OF WISCONSIN For those of us who live in coastal states, a Member Ilyukhin alleged that President Yeltsin IN THE HOUSE OF REPRESENTATIVES trip to ``the Shore'' is a yearly summer event. had committed ``genocide against the Russian Almost every American can remember a fam- Wednesday, March 3, 1999 people'' with the help of Jewish advisors. ily pilgrimage to the beachÐescaping the op- Mr. KLECZKA. Mr. Speaker, today I am re- Equally as disturbing is the fact that the chair- pressing heat with a swim in the ocean. man of the Communist Party did not rebuke introducing the Medicare Preservation and Coastal tourism is also big business. Members Restoration Act, which will repeal the Medi- his party members for their actions, rather, he from coastal districts may be surprised to made excuses for their remarks. care private contracting provision of the Bal- know that beaches are the number one tourist anced Budget Act of 1997 and clarify that pri- Sadly, Mr. Makashov continues on his rabid destination in the United States, receiving crusade. I have received reports that on Feb- vate contracts are prohibited under Medicare more visitors than even our national parks and for Medicare-covered services. ruary 22, while addressing a meeting of Cos- recreation areas. Every summer, over 180 mil- sacks in the southern Rostov region of Russia, The legislation is simple. First, it requires lion Americans spend $74 million during visits that providers submit a Medicare claim when- Duma Deputy Makashov declared that an or- to ocean, bay, and Great Lakes beaches. ganization which he heads, the Movement in ever Medicare-covered services are provided Both novice and experienced beachgoers to a beneficiary. Second, it requires that a pro- Support of the Army, was really the ``Move- are familiar with jellyfish and understand the ment against the Yids,'' and called Jews ``im- vider, when treating a Medicare beneficiary, need to avoid their painful stings. Unfortu- charge no more than Medicare's balance bill- pudent and repulsive people.'' nately, other hazards, such as disease-caus- In December of last year, CURT WELDON, ing limits allow. My legislation will settle the ing bacteria, cannot be so easily avoided. issue of private contracting once and for all. It myself and others met with our colleagues in These microorganisms can carry will explicitly prohibit providers from cir- the Duma and expressed our great dismay gastroenteritis and dysentery, which may bring cumventing the Medicare system, preserve about the anti-Semitic statements. In fact, on symptoms including fever, vomiting, nau- beneficiary billing protections, and restore the many members of the Duma, as well as Presi- sea, headache and stomachache. The con- promise of quality and affordable health care dent Yeltsin, have condemned Makashov and sequences may be even more severe for chil- for every American senior citizen. My legisla- Ilyukhin. Unfortunately, many Members have dren, the elderly, and those with weakened tion has been endorsed by the National Com- simply made excuses. What kind of message immune systems. does this send to the Russian people at such Currently, there is no national beach mon- mittee to Preserve Social Security and Medi- a critical time? itoring program and no uniform standards for care and the National Council of Senior Citi- Mr. Speaker, these comments by leaders of beach closings and advisories. According to zens. The Medicare Rights Center also has the Russian people are despicable and must the National Resources Defense Council's spoken out in opposition to Medicare private be condemned. I have joined with Chairman July 1998 report ``Testing the Waters,'' only contracts. CHRIS SMITH and other members of the Hel- eight states comprehensively monitor their Mr. Speaker, this legislation is the only way sinki Commission in introducing H. Con. Res. beaches. Even though the Environmental Pro- we can continue to guarantee every senior cit- 37, which does exactly that, and I urge my tection Agency (EPA) has recommended izen in America the right to affordable health colleagues to support it. water testing standards, the lion's share of our care under Medicare. The private contracts al- Mr. Speaker, looking for scapegoats will not states do not monitor their beaches on a com- lowed under the Balanced Budget Act of 1997 resolve Russia's current crisis. More impor- prehensive basis. EPA's BEACH program, represent a dangerous first-step towards dis- tantly, the promotion of hatred, anti-Semitism while a step in the right direction, does not ac- mantling the Medicare program as a whole. and xenophobia will not further the develop- tually require monitoring and notification. I They are ill-conceived and unnecessary. ment of a peaceful, just and prosperous soci- commend EPA's efforts to address this impor- These contracts will allow doctors to disregard ety for the Russian people. Democracy is not tant issue. In the past, the agency has sup- Medicare's most important protectionÐbal- built on racism. ported the BEACH bill to give it the authority anced billing limits. These limits guarantee f it needs to make testing and notification man- that all seniors regardless of their income or datory. their health status will have access to afford- INTRODUCTION OF THE BEACH People have the right to know if the waters able health care. Private contracts destroy BILL that they and their families swim in are safe. these protections and allow doctors the ability That is why I continue to champion the to decide patient-by-patient which senior will HON. FRANK PALLONE, JR. BEACH bill to establish uniform standards and be forced to pay more than Medicare's set OF NEW JERSEY procedures for beach water testing, monitor- rates for needed medical care. IN THE HOUSE OF REPRESENTATIVES ing, and public notification. When standards During debate on the budget bill in 1997, are not met, beaches should be closed and Senator JON KYL of Arizona included this pri- Wednesday, March 3, 1999 potential bathers should be adequately alert- vate contracting provision to allow any doctor Mr. PALLONE. Mr. Speaker, I rise today to ed. The sheer volume of visitors to our beach- to treat Medicare patients outside of the pro- introduce the Beaches Environmental Assess- es dictates that our coastal recreation waters gram and bill the patient privately at any rate ment, Closure, and Health Act of 1999Ðalso should be tested regularly, and that the doctor sets. During negotiations on the known as the BEACH bill. beachgoers should be notified of any potential final package, the provision was altered to The BEACH bill is straightforward. It seeks health risks. Establishing uniform criteria for protect beneficiaries and to prevent physicians to establish uniform criteria for monitoring the testing and notification is responsible eco- from moving back and forth between billing quality of our coastal recreation waters, and to nomic and public policy. some patients privately and others through the CONGRESSIONAL RECORD — Extensions of Remarks E327 Medicare program. The final bill stated that if needed to strengthen the President's stance TRIBUTE TO GEN. CHARLES the doctor wanted to treat seniors under pri- during trade negotiations and expedite consid- KRULAK vate contract, then the doctor had to forgo eration of the implementing legislation. The Medicare participation entirely for two years. truth is, the President needs fast track so he HON. RON PACKARD This two-year restriction was designed to can ignore the opinions of the vast majority of OF CALIFORNIA protect the program against fraud, guard Members of Congress. IN THE HOUSE OF REPRESENTATIVES against a massive exit of physicians from the Fast-track authority, in theory, protects Con- Wednesday, March 3, 1999 Medicare program, and ensure that doctors gress from the delegation of Constitutional au- would not create a two-tiered Medicare sys- Mr. PACKARD. Mr. Speaker, I would like to thority through the notifications and consulta- temÐone waiting room for private pay patients pay tribute to General Charles Krulak who is tions the President must provide to Congress who are served first, and one for non-private preparing for retirement from the Marine prior to, and during, trade negotiations. In Medicare beneficiaries who are served last. In Corps. For the last four years General Krulak practice, however, Congress has handed over the 105th Congress, attempts were made to has been the commandant of the Marine its Constitutional powers on a silver platter. Corps. remove this two-year limitation and give doc- The President has ignored the directives of For 70 years, a member of the Krulak family tors the right to decide not only patient-by-pa- large minorities in Congress regarding envi- has worn the eagle, globe and anchor. Gen- tient, but procedure-by-procedure, which serv- ronmental protection, labor standards and eral Charles Krulak continued the tradition set ices will be billed through Medicare and which American jobs, then bought the votes of a few by his father, when he graduated from the will be billed privately. Fortunately, we have Naval Academy in 1964. General Krulak has been successful so far in thwarting these ef- with personal promises to gain the simple ma- jority needed for passage. spent a total of 35 years in the Corps which forts, but the campaign of misinformation con- culminated on July 30, 1995 when he became tinues. The fact is, the archetype fast-track legisla- the 31st commandant. Many of you have probably seen the mail- tive authority was designed to give the Presi- Mr. Speaker, General Krulak is a shining ex- ings certain interest groups have been send- dent additional authority to negotiate customs ample of what is best about the Marine Corps. ing to our senior constituents in an attempt to classifications only. Experience has shown I agree with the former Secretary of Edu- distort the facts about private contracts. These item-by-item consideration of the tariff sched- cation, William Bennett, when he said, ``The mailings are falsely scaring seniors and at- ule by Congress to be an arduous process, so Marine Corps is the only institution in the na- tempting to trick them into giving up Medi- the President was granted the ability to nego- tion that holds to its standards.'' General care's balanced billing protections. tiate the small points. The bottom line is, the Charles Krulak epitomized the respect many Let's retain Medicare's balanced billing limits original fast-track was never intended to grant of my colleagues here in Congress have for for all Medicare beneficiaries by eliminating the President the broad authority over a vast the men and women who serve our nation. these dangerous private contracts. These bill- array of nontariff issues he enjoys today. It has been both an honor and a pleasure ing limits are the only way we can guarantee to work alongside General Krulak in address- Another myth claims that fast-track process that all seniors receive the health care they ing the needs of our Nation's finest soldiers. I is needed not only to negotiate, but to simply need at reasonable and fair prices. would like to thank him for his hard work and get the trade agreement through the legislative I urge my colleagues to cosponsor the his dedication to the Corps in which he has process. Converse to popular thought, how- Medicare Preservation and Restoration ActÐa proudly served. I would also like to wish him ever, the fast-track procedure has rarely been sensible and responsible proposal which will continued success and happiness in his retire- implemented. Over 200 trade agreements guarantee Medicare for all elderly Americans. ment. have been enacted without fast track authority f f while only five trade agreements have been REQUIRING A TWO-THIRDS VOTE enacted under this procedure. THE ‘‘AT HOME WITH ARTS.’’ ON FAST TRACK Clearly, fast-track authority has digressed PROGRAM from the original intentions of Congress. The HON. JAMES A. TRAFICANT, JR. President now has broad authority, while HON. STEVE R. ROTHMAN OF NEW JERSEY OF OHIO Members' hands are tied. Consultations are IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES with a privileged few and merely a formality for Wednesday, March 3, 1999 Wednesday, March 3, 1999 the body as a whole. I have introduced legisla- tion to authenticate fast-track legislative au- Mr. ROTHMAN. Mr. Speaker, I rise today to Mr. TRAFICANT. Mr. Speaker, Article I, thority. pay tribute to a project in my home state of Section 8 of the Constitution of the United The Trade Act of 1974 recognizes the fast New Jersey that deserves recognition: the ``At States of America states: ``Congress has the Home with the ARTS'' program. This acronym power to lay and collect . . . Duties and to track mechanism as an ``exercise of the rule- making power of the House . . .'' and main- stands for Alzheimer's Recognition Therapy regulate Commerce with foreign Nations.'' Arti- Service (ARTS). A problem in our society cle II, Section 2 of the Constitution of the tains the ``constitutional right of either House to change its rules at any time, in the same today is the increased presence of Alzheimer's United States of America states: ``Treaties with disease. Thanks to a three-year $217,000 foreign government shall be confirmed by a manner and to the same extent as any other rule of the House.'' In other words, the House grant by The Robert Wood Johnson Founda- two-thirds majority of the Senate.'' However, tion of Princeton, the ARTS program has ex- over time, Congress has given away its Con- may change its rules as it sees fit. The ero- sion of fast-track legislative intent is more than panded to assist more families with the crip- stitutional authority and responsibilities to the pling effects of Alzheimer's Disease. Executive Branch. enough reason for the House to change its rules. The ``At Home with the ARTS'' program Take fast-track authority, for example. Fast- serves two purposes. First, it helps to improve track proponents claim that this legislative au- The Traficant resolution amends the rules of the quality of life for the individual with Alz- thority is needed to expedite the negotiating the House to require a two-thirds majority vote heimer's, and secondly, it helps the caregiver process as well as consideration of the imple- on any legislation that either authorizes the cope with the effects of the disease. The pro- menting legislation through the establishment President to enter into a trade agreement that gram assigns a recreational therapist, who is of deadlines for various legislative stages, a is implemented pursuant to fast-track proce- trained in recreation, music, art, or activity prohibition on amendments, a limit on debate, dures, or that implements a trade agreement therapy, to a patient with Alzheimer's. The and a requirement for an up-or-down vote. pursuant to such procedures. By requiring a therapist and the patient meet once a week for There are several myths and untruths associ- two-thirds vote rather than a simple majority, 12 weeks, during which time the therapist tries ated with this argument, however. the President will no longer be able to ignore a variety of activities to see which is best at The big myth is that the President needs the concerns of the vast majority of Members securing the patient's attention. The most fast track to negotiate trade agreements. The during negotiations and sweeten the agree- challenging aspect of this program is finding President already has the Constitutional power ment later. Trade agreements will take a con- what activity interests the patient. to conduct foreign affairs and negotiate inter- sensus of both the legislative and executive This program has been successful in help- national trade agreements. However, because branches to negotiateÐa constitutionally ing people such as Beverly Cohen of Tea- Congress must approve any changes to U.S. sound solution of which the Founding Fathers neck, whose mother is suffering from Alz- law that result from trade agreements, fast would be proud. I urge my colleagues to sup- heimer's. Since her mother was hard of hear- track proponents purport that fast track is port this resolution. ing and did not enjoy watching television, Ms. E328 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1999 Cohen tried giving her small tasks to com- are crucial. Many retirement plans do not in- kota to see if they were interested in obtaining pleteÐbut, her mother was not interested. clude extended health care coverage, and water to serve Perkins County. By 1992, However, after several weeks of meeting with even those that do rarely include dollars for Southwest Pipeline had grown to the point that a recreational therapist, Ms. Cohen discovered prescription medication. For those people, so- Perkins County could have been included in that her mother enjoyed arranging dried flow- cial security keeps Older Americans from hav- engineering design work. However, the legisla- ers and pasting magazine pictures on coffee ing to make the difficult choice between eat- tion did not specifically authorize the construc- cans. Ms. Cohen said the therapist helped her ing, and taking medication that is medically tion of the Perkins County System. And since figure out the things her mother enjoyed necessary for their life and well-being. 1982, the states of North Dakota and South doing, and Ms. Cohen feels that both she and The benefits of social security are even Dakota recognized Perkins County as a future her mother have profited greatly from the pro- more crucial to women. This is because extension of the Southwest Pipeline project. In gram. women tend to live longer than men, and be- fact, the original congressional legislation au- The success of the ``At Home with the cause, as a whole, women work fewer years thorizing the Southwest Pipeline project re- ARTS'' Program has gained the attention of because they often must stay home part of ferred to the potential for a future connection the Robert Wood Johnson Foundation, and their careers to help raise their families. Even for Perkins County. The current legislation au- their grant of $217,000 has helped to create for those women that manage to have long thorizing the construction of this water system an offshoot program in Hudson and Essex and full careers, most face one form or an- recognizes and builds upon this past history. counties. Volunteers of the Foundation's off- other of gender discriminationÐwhich means This legislation was originally introduced shoot program serve as companions to Alz- they often have less money to put in the bank during the 104th Congress, and I later reintro- heimer's patients, and are trained to provide at the end of their work week. duced the measure in the 105th Congress. an additional four hours of recreational therapy I am also happy to support this resolution Since its introduction, the proposal has been per week. This added time greatly improves because it recognizes the impact and impor- the subject of several hearings, and extensive the changes of providing those who suffer tance of Social Security to the minority com- discussions and negotiations between the from Alzheimer's with a more active and fulfill- munity. Like women, minorities rely more project sponsors, the Administration, and the ing daily routine. heavily on social security because they dis- committees of jurisdiction. These actions were Since it was started in 1995, ARTS has proportionately earn less money, and have instrumental in the Government Accounting served more than 132 families, and the off- fewer benefits, than do white workers. As a re- Office, the Congressional Research Service, shoot program has served 85. Both the pro- sult, minorities tend to struggle more with their and the Administration's recognition of the gram creators and its patients believe the ses- families as they reach the age of retirementÐ need Perkins County has for safe water. Last sions help to reduce the depression and be- a time where medical expenses tend to go up Congress, this legislation passed unanimously havioral disorders associated with Alzheimer's. rather than down. out of both the House and Senate with Fred Brand, Manager of Family Service Pro- For these reasons, preserving social secu- amendments. Unfortunately, the amended leg- grams for the Association said that ``Rec- rity is simply the right thing to do for all of islation was not taken up in the final days of reational activities won't stop the course of the America. I look forward to working with all of the last Congress. disease, but (the therapy) is something that you here in the House to enact a plan that will Given the progress achieved on the Perkins brings back memories, brings back a sense of extend the life of this life-saving program an- County Rural Water System during the last pleasure, and brings back a dormant type of other 30 years, and hope that together, we Congress, I am hopeful this body can move abilities.'' Finally, all of the program's initiatives can resolve this issue for our children, and our forward with this vital initiative for South Da- are not directed solely towards the patient. At children's children. kota. the end of each visit, a half hour is spent with f We all recognize the water needs the peo- the caregiver so they may learn how to do the ple of Perkins County have. It is time for Con- activities developed by the therapist them- THE PERKINS COUNTY RURAL gress to move beyond looking at only the selves. WATER SYSTEM ACT OF 1999 symptoms of poor drinking water and move I want to commend the people involved with forward with the solution this bill provides. the ARTS program and those who volunteer HON. JOHN R. THUNE Supporting the legislation authorizing the con- their time for the offshoot program. They truly OF SOUTH DAKOTA struction of the Perkins County Rural Water make a daily difference in many people's lives. IN THE HOUSE OF REPRESENTATIVES System embodies not only the commitment to I also commend the Robert Wood Johnson Wednesday, March 3, 1999 support initiatives such as the Safe Drinking Foundation for providing the vital financial sup- Water and the Clean Water Act, but also the port to this program and others across the na- Mr. THUNE. Mr. Speaker, I rise today to in- authority of Congress to continue its historical tion. troduce the Perkins County Rural Water Sys- support of working to meet various water f tem Act of 1999. This legislation authorizes needs. I look forward to working with my col- SOCIAL SECURITY GUARANTEE the construction of the Perkins County Rural leagues to ensure the people of Perkins Coun- INITIATIVE Water System, which when completed, will ty can meet the most basic of needs: access provide water to over 3,500 people in an area to clean, safe drinking water. SPEECH OF covering 2,866 square miles. This area is larg- f er than each of the states of Rhode Island and HON. SHEILA JACKSON-LEE Delaware. The project addresses a basic need CONGRATULATIONS TO MASTER OF TEXAS not currently being met in many areas of my SERGEANT GOGUE IN THE HOUSE OF REPRESENTATIVES state of South Dakota. That need is for water. Tuesday, March 2, 1999 Much like other areas of South Dakota, Per- HON. ROBERT A. UNDERWOOD Ms. JACKSON-LEE of Texas. Mr. Speaker, kins County frequently experiences problems OF GUAM I rise to speak on behalf this resolution, which involving both the quality and quantity of avail- IN THE HOUSE OF REPRESENTATIVES expresses our firm belief that we should work able water. The present water supply consist- Wednesday, March 3, 1999 in a bipartisan manner, along with the Presi- ently fails to meet standards set by the Envi- dent, to ensure that the benefits of social se- ronmental Protection Agency for total dis- Mr. UNDERWOOD. Mr. Speaker, as I was curity will still be here for our future genera- solved solids and sulfates. Additionally, the so- visiting military facilities in Okinawa a couple tions. dium and fluoride levels have been found to of years ago, I had the pleasure of crossing This resolution is a compelling one because be exceedingly high as determined by the paths with a former student, Arnold Gogue. it recognizes the importance of the Social Se- State of South Dakota and numerous medical Years ago, as an administrator at George curity program to America. Social Security is practitioners in the area. The water of Perkins Washington Senior High School in Guam, I the most successful anti-poverty program cur- County impacts not just the quality of life for had been acquainted with Arnold's amazing rently funded by our federal government. It these South Dakotans, but also their health. ability to get himself in trouble. This kid was a currently helps support over 44 million people, The Perkins County Rural Water System is school teacher's nightmareÐa major problem. many of whom depend on it as their sole not a new concept. As testimony before the Although I could use up all this time to re- source of income as they reach the age of re- House Resources Committee last year indi- count anecdotes which I am sure Arnold tirement. cated, the project dates back to 1982 when a would rather not discuss, I have decided to Even for those who have pension plans and group of farmers and ranchers were contacted talk of how he has made me real proud of his retirement accounts, social security monies by the Southwest Pipeline Project in North Da- achievements. CONGRESSIONAL RECORD — Extensions of Remarks E329 After high school, Arnold enlisted with the Station, Kaneohe Bay, HI on Feb. 17, 1992 as tournament in Austin. The Lady Tigers will United States Marine Corps. He reported as a the Ordnance Chief. He was assigned tem- take on Dallas Bryan Adams on Friday for the private on May 31, 1977 to the Marine Corps porary additional duty on September 5 to Oc- right to move onto the championship game on Recruit Depot, San Diego, California, and tober 17, 1994 to attend the Ordnance Chief Saturday. completed Recruit Training in August of that Course at Aberdeen Proving Ground, MD. He The Lady Tigers have electrified everyone in year. He later received technical training at was then transferred to the 3rd Maintenance the town of Mansfield and throughout North Camp Lejuene, North Carolina Court House Battalion, 3rd Force Service Support Group±1 Texas in their path to the championship tour- Bay for MOS 1371 Combat Engineer School. on November 28, 1994 as Infantry weapons nament. It seems you can't pick up a news- Upon completion of the basic course on No- repair shop chief. On May, 1995 he was reas- paper in my district without reading about how vember 8, 1977, Arnold was transferred over- signed to the Maintenance Management Sec- the community is rallying around the Lady Ti- seas and was assigned to Charlie Company tion and on November, 1996 assigned again gers. This past Saturday in the regional final, 3rd Combat Engineer Battalion, 3rd Marine Di- as the Infantry weapons repair shop chief. the Mansfield team used their stifling defense vision, Okinawa, Japan. Promoted to the rank Arnold was promoted to his present rank of and solid depth to upset the number one team of Private First Class on December 1, 1977 Master Sergeant on June 1, 1997. He served in Texas and the entire country, the Copperas and assigned temporary additional duty with as the OIC (Officer in Charge) for the Infantry Cove Lady Bulldogs. 3rd Battalion 4th Marines as a Combat Engi- Weapons Repair shop. On May, 1998 he was I want to take this opportunity to thank neer, Arnold was then deployed on Operation assigned to Ordnance Company as Ordnance Mansfield coach Samantha Morrow and the Quick Jab to Tinian and Saipan. Chief and on November, 1998 reassigned courageous Mansfield student athletes for giv- On March 2, 1978, he was promoted to the back to the Infantry weapons shop and OIC. ing so much excitement to everyone in the rank of Lance Corporal. Assigned temporary During his service with the Marine Corps, 24th Congressional District. Through your ex- additional duty to 2nd Battalion 4th Marines, Arnold was awarded the Meritorious Service ample you've inspired younger female athletes he was deployed to Pohang, South Korea. He Medal (MSM), the Marine Corps Commenda- in your community. Hopefully this will be the attended Mountain Warfare School in the Re- tion medal, and the Marine Corps Achieve- first of many trips to the state championship public of Korea and was selected Marine of ment medal. for the Mansfield Lady Tigers. the quarter. Wherever they happened to be stationed Good luck Lady Tigers, we will all be rooting Arnold was promoted to the rank of Cor- Master Sergeant Gogue and his wife, Rita, for you to bring home the state championship poral on July 2, 1978. He was later transferred have always promoted island culture. They co- this weekend. But whatever the result, you al- to Charlie Company, 8th Engineer support bat- ordinated Liberation day festivities, promotion ready have our gratitude for an inspiring and talion, Camp Lejeune, NC, and assigned as and farewell parties, christenings, and nove- exciting season. 1st Platoon Sergeant. He was assigned tem- nas. The Gogues opened their homes, shared f porary additional duty on April 6 to July 11, their hospitality and welcomed families in the 1979 to attend Journeyman's Combat Engi- traditional Chamorro fashion. CHARITABLE GIVING INCENTIVES neer course at Court House Bay, Camp Master Sergeant Gogue is slated to retire Lejeune, North Carolina. He was then selected from the United States Marine Corps this HON. MARK E. SOUDER as Marine NCO of the Quarter. month. Although Arnold's well-earned break OF INDIANA Promoted to the rank of Sergeant on De- would be a loss to the military community in IN THE HOUSE OF REPRESENTATIVES cember 1, 1979, Arnold reenlisted and made Okinawa, his eventual return to the island of Wednesday, March 3, 1999 a lateral move to MOS 2111. He was as- Guam would be most welcome. I am sure signed temporary additional duty on February that, as a resident of Sinajana, he would be Mr. SOUDER. Mr. Speaker, today I am re- 28 to April 1, 1980 to attend the Basic Small most active and productive. introducing the ``Giving Incentive and Volun- Arms repair course. Afterwards, he was trans- I have always considered myself an educa- teer Encouragement Act'', the GIVE Act, to ferred to Marine Barracks, Guam on June torÐholding the teaching profession with high provide an increased incentive for charitable 1980 as a Small Arms Repairman. regard. It is ironic that after working within the giving. The vast majority of Americans agree On July 22, 1982, he was transferred to Guam school system and the University of that charitable organizations and the nonprofit Headquarter's Battery, 2nd Battalion, 10th Ma- Guam for over 20 years in what I consider a sector are more efficient and effective in the rines, 2nd Marine Division, and served as the most honorable profession, I never earned the use of donations than the federal government NCOIC. He was promoted to the rank of Staff title ``Honorable ROBERT UNDERWOOD'' until I is with additional tax revenue. The goal is to Sergeant on July 1, 1983 and assigned as the was elected to public office. However, I am decrease the cost of giving and allow more Ordnance Chief. While in this capacity, he was sure my colleagues in the teaching profession Americans to give more generously to those deployed on two different occasions to Fort will agree that the true measure of honor in charities they feel are making the greatest im- Bragg, North Carolina for regimental exer- our chosen field would be the accomplish- pact in the lives of their neighbors and com- cises. ments of our students. munities. In addition to increasing the power of He was then transferred to the 3rd Mainte- Students, like Arnold Gogue, have, over the charitable donations, the bill increases flexibil- nance Battalion, 3rd Force Service Support years, made me proud to have been a teach- ity, once again provides lower income tax- Group on September 17, 1984 and assigned er. I commend him for his achievements and payers the opportunity to deduct charitable de- as Quality Control Senior Non-Commissioned congratulate him on his retirement. On behalf ductions, and the bill would eliminate the cap Officer in Charge. He was given temporary ad- of the people of Guam and the many families on charitable giving which hinders additional ditional duty on January 24 to May 30, 1985 that he and his wife have assisted while in the giving by those most able to give. Specifically, to Brigade Service Support Group-9, Oper- Marine Corps, I convey my appreciation for the legislation would: ation Team Spirit and, once again deployed to their share in promoting Chamorro culture and Allow individuals to deduct 120% of the Pohang, KoreaÐthis time as the Maintenance values. Si Yu'os Ma'ase' Arnold and Rita. value of their charitable donations.ÐThis will Chief. f encourage additional giving to private organi- On October 6, 1985, Arnold served as an zations and increase the total amount of chari- Instructor at the USMC Admin Detachment, GOOD LUCK TO THE LADY TIGERS table giving. Experts agree that the key factors Aberdeen Proving Ground, Maryland. He at- OF MANSFIELD HIGH SCHOOL in determining the amount of charitable giving tended the Instructor Training course and at- are income and price. This provision will in- tained the level of Senior Instructor. He was HON. MARTIN FROST crease charitable giving by decreasing the ef- then transferred to the 2rd battalion, 12th Ma- OF TEXAS fective cost to the giver. rines, 3rd Marine Division on May, 1988, as IN THE HOUSE OF REPRESENTATIVES Allow non-itemizers who give more than the Ordnance Chief, and later moved to Bravo $1,000 to charity (or $2,000 filing jointly) to de- Company, Marine Corps Logistic Base, Al- Wednesday, March 3, 1999 duct their donations.ÐThere's simply no rea- bany, GA on July 26, 1989 as a Quality Con- Mr. FROST. Mr. Speaker, I rise today to son why the government should encourage trol Inspector and Reserve Technical Assist congratulate a group of tremendous student philanthropy only among the better-off. Before Team. athletes from a great school that I am pleased the 1986 tax bill, all taxpayers were able to Promoted to the rank of Gunnery Sergeant to represent in Congress. I want to recognize deduct their charitable donations, not just on Aug. 1, 1991, he was transferred to the the Lady Tigers of Mansfield High School, who those who make enough to itemize deduc- Ordnance Maintenance Company, Brigade have advanced for the first time ever to the tions. Restoring this provision to the tax code Service Support Group±1 Marine Corps Air Texas girls basketball state championship will empower everyone, not merely people of E330 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1999 means, to give back to their community Board, which he currently serves as gate dental take permits, habitat conservation through charitable donations. chairman. Mr. Hollis is also the past President plans, and federal actions to be consistent Exclude charitable giving from the overall of the Missouri Collectors Association and a with recovery. This is the only way we will re- limitation on itemized deductions.ÐBy reduc- member of the Legislature Co-Chairman Col- cover species, get them off the list, and get ing allowable deductions to 3% of the tax- lectors Association. landowners out from under lifelong regulatory payer's income over $100,000, the 1990 tax Mr. Speaker, Eugene Hollis served the peo- control. bill placed unnecessary hurdles in front of ple of Maries County for 52 years with pride In addition, it provides incentives for both those taxpayers most able to give. A person in and integrity. I know the Members of the small and large landowners through the imple- need doesn't care what his benefactor's tax House will join me in extending our heartfelt mentation of tax credits, deferrals and deduc- bracket is, and neither should the government. gratitude and best wishes in the years ahead tions for habitat protection. It provides assur- Extend the deadline for making charitable to Eugene and his family. ance to landowners that wish to engage in ac- donations until April 15.ÐMost taxpayers take f tivities that may damage habitat, while ensur- ing that taxpayers are not left to pay the costs note of allowable deductions only when they INTRODUCTION OF THE ENDAN- of mitigating that damage. It also encourages fill out their tax returns. They often realize, in GERED SPECIES RECOVERY ACT ecosystem planning on a regional basis retrospect, that they could have given more to OF 1999 charity in the previous year. Current law al- through the development of multiple land- ready allows deductions for contributions to owner, multiple species conservation plans. IRA's up until filing time. By extending similar HON. GEORGE MILLER This bill is endorsed by more than 300 envi- treatment to charitable contributions, we can OF CALIFORNIA ronmental, religious, fishing, consumer, and (1) assist taxpayers' planning, (2) increase the IN THE HOUSE OF REPRESENTATIVES scientific organizations representing millions of incentive for taxpayers facing penalties for Wednesday, March 3, 1999 people across the country who overwhelmingly underwithholding, and (3) help advertise the Mr. GEORGIE MILLER of California. Mr. support the recovery of endangered species. It value of the charitable giving tax incentive. We Speaker, I and 67 co-sponsors, are reintroduc- is only through this kind of modification that can also encourage those whose giving is cur- ing the Endangered Species Recovery Act of land owners, developers and others will re- tailed at the end of the year by the holiday 1999. Similar to legislation I sponsored in the ceive the assurances under the ESA that they cash crunch. last Congress, the goal of this bill is to recover require to make long term business decisions. I am grateful for my twenty colleagues and delist endangered and threatened spe- If we do not make these changes to the law, which have joined me as original cosponsors cies. This was the original intent of the law, we might save the Act, but we won't save spe- and invite other members to join me by co- but it has not been the outcome. It is time the cies. sponsoring this important incentive for in- original goals were met. f creased charitable giving and to allow more When the ESA was first enacted in 1973, OLDER AMERICANS ACT Americans the privilege of contributing greater stopping extinction seemed pretty straight- REAUTHORIZATION BILL to charity. We must continue to encourage the forward. DDT was wiping out our nation's tremendous charitable efforts which enrich our symbol, the bald eagle. Most species of the communities and improve our society while great whales had been hunted to near extinc- HON. MATTHEW G. MARTINEZ providing significant tax relief for American tion. Foreign species like the African elephant OF CALIFORNIA taxpayers. were bordering on destruction after more than IN THE HOUSE OF REPRESENTATIVES f a century of uncontrolled commercial hunting. Wednesday, March 3, 1999 Congress responded, passing legislation to Mr. MARTINEZ. Mr. Speaker, the Older TRIBUTE TO RETIRING MARIES provide for the conservation and protection of COUNTY COLLECTOR EUGENE Americans Act has been reauthorized 12 endangered species. times since its enactment in 1965. However, HOLLIS Unfortunately, resolving today's threats to this historically bipartisan initiative, which pro- imperiled species are not as simple as ban- vides vital services to millions of needy sen- ning DDT or stopping the trade in elephant HON. IKE SKELTON iors across the country, has been held hos- ivory. It is unlikely the ESA's authors could OF MISSOURI tage to partisan politics the last several years have foreseen the far more complicated envi- IN THE HOUSE OF REPRESENTATIVES and as such, has not been authorized since ronment which now exists where the preserva- Wednesday, March 3, 1999 1995. However, I hold much hope for its reau- tion of habitat needed for species survival and Mr. SKELTON. Mr. Speaker, it has come to thorization during the 106th Congress. recovery must constantly be balanced against Last week, I joined my colleaguesÐMr. my attention that a distinguished government the growing demands of development and CLAY, Mr. GOODLING, Mr. MCKEON, and Mr. career is coming to an end in Missouri. The urban sprawl. BARRETTÐin introducing a bipartisan Older Honorable Eugene Hollis, Maries County Col- As a result, instead of recovering species Americans Act reauthorization bill. This bill, I lector, is retiring after serving the citizens of and moving them off the endangered list, the am confident, is the first step in a joint process Maries County for 52 years. law does little more than maintain animal pop- to strengthen and improve the Older Ameri- Mr. Hollis served in the Navy during World ulations in their devastated state in perpetuity War II, where he performed as a landing boat cans Act. or, at best, slow the inexorable slide towards Although I do not doubt that Members will coxswain in the Pacific campaign. The high- extinction. Recovering endangered species have differences of opinion as we proceed light of his military service was leading the and removing them from the list should be the with the process of reauthorizing the many landing boats during the amphibious assault ESA's real goals, but we have had very little programs and services provided under the against Okinawa. success because federal agencies consistently Older Americans Act, I am encouraged by this After the war, Mr. Hollis returned to Mis- allow activities to occur that undermine the re- very bipartisan beginning and by the commit- souri. He was elected Maries County Treas- covery of the very species we are ``protect- ment demonstrated thus far to working urer in 1946, and served in that post until ing.'' through those differences keeping the best in- 1954. Mr. Hollis was elected Maries County In fact, while the U.S. Fish and Wildlife terest of those who are served by the ActÐthe Collector in 1954, serving from January 1, Service and the National Marine Fisheries seniorsÐin the forefront. 1955 until his retirement on March 1, 1999. Service spend tens of millions of tax dollars f Mr. Hollis married the former Lucille Woody every year to recover species, they spend on August 2, 1947. Mrs. Hollis was instrumen- even more approving scientifically indefensible McDONALD COUNTY, MISSOURI tal to Eugene's success in elected office with conservation plans and permits that are not CELEBRATES SESQUICENTENNIAL her active participation in his election cam- consistent withÐand in some cases actually paign, service as a democratic committee undermineÐthey recovery of the same spe- HON. ROY BLUNT member, and her involvement in civic organi- cies they are trying to recover. That is the OF MISSOURI zations. main reason why, a quarter of a century after IN THE HOUSE OF REPRESENTATIVES Mr. Hollis also serves his community during the enactment of the ESA, we have moved his free hours. He remains active in the VFW only a handful of species off the endangered Wednesday, March 3, 1999 and the American Legion, an organization he list. Mr. BLUNT. Mr. Speaker, today begins a has been a member of for over 50 years. He This bill will amend the ESA to fix the fun- year long celebration of McDonald County, is a past President of the Maries County Fair damental flaw in the Act by requiring that inci- Missouri's sesquicentennial. CONGRESSIONAL RECORD — Extensions of Remarks E331 McDonald County is tucked away in the CONGRATULATING SANTA CLARA Sparky Harlan, Executive Director of the Bill very southwest corner of my congressional COUNTY HUMAN RELATIONS Wilson Center, has worked on behalf of home- district, bounded on the south by our good AWARD RECIPIENTS less youth for over 25 years. neighbors in Arkansas and our friends in Okla- Dr. Robert Hersch has served on the board homa on the west. McDonald County is noted HON. ZOE LOFGREN and worked with every aspect of Live Oak for its friendly folks and scenic beauty. Clear OF CALIFORNIA Adult Day Services. Delia U. Jurado is a leader of Filipino com- streams and majestic limestone bluffs have IN THE HOUSE OF REPRESENTATIVES munity volunteers who works on behalf of sen- long been attractions for sightseers and were Wednesday, March 3, 1999 iors, new immigrants, and community groups. prominent in the stories of early settlers. Add Ms. LOFGREN. Mr. Speaker, it is a great Lor Layso, a leader in the local Cambodian to that the booming economy and you have an honor to congratulate the exceptional people community, has helped hundreds of Cam- All-American place to raise a family, start a and groups in Santa Clara County who have bodian refugees adjust to life in America and business and put down or carefully nurture earned the Human Relations Award. The eventually apply for citizenship. ``roots.'' The population in McDonald County, award, presented last week by the Santa Alette Lundeberg has helped Santa Clara now over 20,000, is growing at more than Clara County Human Relations Commission, County and the community assist welfare re- 14% a year making it one of Missouri's fastest recognizes their exceptional service to the cipients from welfare to work. growing counties in its 150th year. community in the area of human and civil Elizabeth Menkin, M.D., serves the commu- Only a few hundred people called McDonald rights. nity over and above her professional duties by County, Missouri home when it was organized The honorees are a diverse groupÐpeople volunteering with the Mother's Milk Bank, MADD, and child-care and hospice programs. on March 3, 1849. It was named after Revolu- of different ages, nationalities, languages, col- Ann Holland McCowan and John Holland tionary War hero Alexander McDonald, a ser- ors, and culturesÐunited by their efforts to im- prove the lives of those in need. They make McCowan. Six-year-old John worked with his geant in the Continental Army. This year a se- an important difference in the community and mother, Ann, to found Kids Cheering Kids, an ries of events and observances will mark the are an inspiration to us all. organization to better the lives of children with county's milestone. March 3 is McDonald The Human Relations Award recipients are: special needs in Santa Clara County. County History Day observed at all county Mary Bernier, a full-time volunteer who Judy Nakano volunteers with the San Jose buildings. Students will participate in art and works to make the community aware of major Buddhist Church Betsuin and Girl Scouts, history exhibits, and there are picnics, parades social and economic issues. bringing the two groups together. and festivities planned throughout the year. Cathy Bouchard, who assists people with Dr. T.J. Owens, Dean of Students at The county seat at Pineville celebrates developmental disabilities reach their potential Gavilan Community College in Gilroy, has de- ``Jesse James Days'' in August by reliving the and realize their dreams. voted most of his life to education and com- 1938 filming of ``Jesse James,'' a movie pro- Meg Bowman, a true community activist, ed- munity services. He is a former member of the duction that brought stars Henry Fonda, Ty- ucator, and untiring advocate on behalf of Human Relations Commission and is the past rone Power and Randolph Scott to McDonald women. president of the Friends of the Human Rela- Don Burt, M.D., a doctor who volunteers tions Commission. County. In October the limestone bluffs and regularly at the Rota Care Clinic in Morgan Hill Rolanda Pierre-Dixon, a Santa Clara County clear streams become the backdrop for some and works to promote better relationships be- Deputy District Attorney, promotes a ``no ex- of North America's best fall foliage. tween various cultural and ethnic groups. cuse for domestic violence'' theme at court, McDonald County is a place for families and Rita and Larry Demkowsky, who serve the community meetings, conferences, and task small towns. Nearly 70 percent of the house- poor and needy through Loaves and Fishes. forces. holds are married families; half of those have Dzung C. Do, an attorney at Asian Law Alli- Robert Riordan plays the role of ``grandpa'' children at home. the largest towns in McDon- ance who has helped over 16 different lan- in the lives of many young people who do not ald CountyÐPineville, Anderson, Lanagan, guage groups work toward citizenship. have grandparents nearby. Noel, Jane and Southwest CityÐhad fewer Barbara Emerich, who advocates for chil- Jerry Rosenblum, a senior partner in a San than 2,000 people each at the last census. dren and quality public education as an active Jose law firm, uses his legal expertise to member of the 6th District PTA, League of serve the community at places like Live Oak McDonald County schools are meeting the Women Voters, and Violence Prevention Adult Day Services. growth in population with the construction of Council. Father Mateo Sheedy, Pastor of Sacred new schools all over the countyÐand they are Cliff M. Eppard, who works to assure that Heart Church in San Jose, is an inspiration to doing it without federal handouts or new taxes basic food, safety, and financial needs are of- us all. In the words of Santa Clara County Su- (something Washington could learn from). The fered to seniors and others. pervisor Blanca Alvarado, ``Everybody loves school system is financially stable and is ``pay- Nancy Flanagan, who has united the board him; he is one of the best human beings.'' ing as it goes.'' County and city governments and staff of Alliance for Community Care, a Lillian Silberstein, Executive Director of the are also keeping up with the growth with a consolidation of three major mental health National Conference for Community and Jus- positive eye on the future. Economic develop- agencies. tice, has initiated many civil rights programs ment and infrastructure needs are constantly Experanza Garcia-Walters, who has made and promotes understanding and respect scrutinized and considered. significant contributions through her years of among all races, cultures, nationalities, and re- community involvement with the Latino Nurses ligious affiliation. The economy is strong. A number of new Association, Planned Parenthood, and the His- Vicci Smith, a student at San Jose State businesses are springing up. A $53-million panic Foundation. University, volunteers as co-director of the uni- poultry industry makes McDonald County the Victor Garza, who has long shown true versity's Women's Resource Center. leading livestock producing county in Missouri. dedication to the community in a number of George Soto, interim Director of Employ- Many of its residents work in McDonald Coun- roles. He is a former member and Chair of the ment Benefit Services of the Santa Clara ty, but some commute to work in other places Human Relations Commission; founder and County Social Services Agency, brings hon- in a growing Southwest Missouri. Chair of La Raza Roundtable; Vice Chair of esty, integrity, fairness, and commitment to the McDonald County is in America's heartland. the Mexican Heritage Corporation; and volun- human concerns of all. Within a hundred miles there are lakes and teer with the American GI Forum, America Deborah Stinchfield has been a volunteer at streams like Table Rock Lake and Roaring Heart Association, and E.O.P. Advisory Board the Mid-Peninsula Hospital Foundation for 21 River, as well as the Mark Twain National For- of the Evergreen Valley-San Jose Community years, where she promotes awareness of end- est and live entertainment in Branson. There College District. Victor is always ready to work of-life issues and hospice care. is a diversity of good jobs and professions, towards building a community of respect and Colette and Frank Swaringen have devel- churches of many faiths and institutions of concern for all. oped the ``Script for Safe Kids,'' a video used Andrew Gonzales, the past president of La across the county to alert to the common lures higher learning that abound in the region. Raza Lawyers Association, has established a used by child abductors. McDonald County is a great place to live and scholarship banquet for incoming law students Joseph R. Tembrock is a founder of Sacred work. at SCU, works closely with new law students, Heart Community Services, the Rotating Shel- Happy Sesquicentennial, McDonald County, participates in career days, and works with ter in Cupertino, and the Interfairth Hospitality Missouri. community organizations. Network. E332 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1999 Florence Trimble, known as the Mother Te- past fifty years, Billy Sullivan has been a fix- pay tribute to our very good friend, Ricardo resa of Gilroy, has dedicated her time and ture on the sidelines of playing fields through- Icaza, President of United Food and Commer- love to recruiting volunteers to address the out the Greater Springfield area. As a football, cial Workers Local 770. This year Ricardo is needs of the homeless. basketball, and baseball player, Billy displayed receiving the International Humanitarian Award Forrest W. Williams provides valuable serv- an unmatchable drive to succeed. his dedica- from the Israel Humanitarian Foundation. Hav- ice to programs for young people. He has tion to fair play and high quality athletics has ing traveled outside the United States many been a mentor for many years and serves on been evident since he was a young man, and times as a representative of the AFL±CIO, ad- the San Jose Planning Commission and the has continued to this day. vocating on behalf of working people, it is no United Negro College Fund Executive Advi- Billy Sullivan's dedication to athletics as a exaggeration to say that he is a perfect choice sory Board. coach, manager, and organizer is unparal- for this prestigious honor. In addition, I would like to congratulate the leled. He has coached local youth teams for Ricardo joined Local 770 in 1956, when six community groups who received the well over thirty years, including a stint as man- Dwight Eisenhower was President of the Human Relations Award. The groups are: ager of the Sacred Heart Semi-pro baseball United States and Elvis Presley had his first AAUW Committee on Homeless Women and team. He has been a sitting member on the hit records. In the ensuring 43 years, the for- ChildrenÐLos Gatos/Saratoga Branch; Catholic Basketball League Board of Directors, tunes of organized labor have ebbed and Adelante Mujer Hispana of Santa Clara Coun- the Springfield Pee Wee Baseball Leagues flowed, along with those of the American ty; Almaden Council Pacific Bell Pioneers; Dis- Board of Directors, the Basketball Hall of economy as a whole. Through it all Ricardo's pute Resolution Program Services Volunteers, Fame Tip-Off Committee, and the Basketball commitment to the Union, its policies and its Office of Human Relations; Filipino Youth Co- Hall of Fame Board of Trustees. He has been goals, has never wavered. He is too busy alition; and Mountain View Diversity Forum. Chairman of John L. Sullivan Day at Pynchon fighting for the rights of workers to worry about f Park, the NCAA Division II Elite 8 Basketball whether the role of unions is diminishing, or to Championships, the Springfield Civic Basket- fret over the standing of the labor movement SUPPORT AMERICAN STEEL ball Committee, and the Springfield Peach in public opinion polls. Basket Festival Committee. His public service Ricardo has held many important positions HON. MICHAEL R. McNULTY resume includes time as a Member of the with Local 770, including Research Assistant, OF NEW YORK Massachusetts General Court, City Clerk of Organizer, Business Representative and Sec- IN THE HOUSE OF REPRESENTATIVES the City of Springfield, and Mayor of the City retary-Treasurer. He has been President of Local 770 since 1981. Wednesday, March 3, 1999 of Springfield. Billy Sullivan's commitment to youth athlet- Many of his duties have involved helping his Mr. MCNULTY Mr. Speaker, I want to ex- ics will be on display on the weekend of brothers and sisters in foreign countries. In press my deep concern about the crisis facing March 26±28, 1999. Over 1,500 children, ages 1979, for example, he represented the Retail our American steel industry. The continued 7±17, will descent upon Western Massachu- Clerks International Union as an advisory dumping of steel is causing tremendous harm setts to participate in the 40th annual New committee member in a delegation that went to the industry and forcing huge lay-offs of England Catholic Youth Organization Basket- to Portugal, Spain and Brussels. He has also hard-working U.S. steel workers. Over 10,000 ball Tournament. Proceeds generated by the traveled to China, Geneva and Germany as a steel workers have been laid off in the past tournament will be donated to Brightside for representative of the AFL±CIO. In 1998, Ri- year as a result of the flood of under-priced Families and Children in care of the Vinny Del cardo represented labor in Mayor Riordan's steel coming into the United States. Negro Endowment Fund. Billy Sullivan and delegation that visited Japan for the purpose As we all know, America was built on the Vinny Del Negro are the co-chairman for this of encouraging business with the City of Los backs of laborers. We cannot turn our backs popular event. Angeles. on them now. Mr. Speaker, allow me to pay tribute to the Ricardo's involvement with labor does not Although the actions taken by the steel in- service, commitment, and character of Mr. Wil- stop with Local 770. He is also President of dustry and the Administration have caused the liam C. Sullivan. He has proved himself to be the Los Angeles County Federation of Labor, amount of dumped steel to drop, more needs an indispensable member of his community, Treasurer of the Food and Drug Council and to be done. We need to be firm and make it as a leader, an organizer, and an advocate of Vice President of the Labor Council for Latin very clear to our competitors that we will not youth athletics in Western Massachusetts. American Advancement and trustee of the tolerate illegal dumping of any kind. f Southern California United Food and Commer- American Steel companies and organized cial Workers Unions. labor have worked very hard over the last dec- PERSONAL EXPLANATION We ask our colleagues to join us in saluting ade to restructure and to restore the integrity Ricardo Icaza, a man of integrity, compassion of this important industry. We cannot allow HON. ED PASTOR and justice. His unshakable commitment to im- these sacrifices to be in vain. OF ARIZONA proving the lives of working men and women I am a co-sponsor of Rep. VISCLOSKY's bill IN THE HOUSE OF REPRESENTATIVES inspires us all. to reduce steel imports to 25% of the U.S. Wednesday, March 3, 1999 f market. That is the level that prevailed in July 1997Ðbefore the illegal dumping began. I Mr. PASTOR. Mr. Speaker, due to President HONORING THE STUDENTS RE- hope the House will adopt this measure in the Clinton's visit to the 2nd District of Arizona on SPONSIBLE FOR THE FOUNDING near future. February 25, 1999, I was unable to cast a OF THE CHARITABLE ORGANIZA- Given the nation's strong economy, now is vote on rollcall votes No. 27 and No. 28. Had TION ‘‘CLOTHES, FOOD, AND the time to deepen our commitment to ensur- I been present, I would have voted ``yea'' on EDUCATION FOR THE POOR AND ing that working families keep the well-paying rollcall vote No. 27 and ``yea'' on rollcall vote NEEDY’’ jobs they deserve. No. 28. f f HON. PETER DEUTSCH OF FLORIDA RECOGNITION OF THE COMMIT- TRIBUTE TO RICADO ICAZA MENT OF MR. WILLIAM C. IN THE HOUSE OF REPRESENTATIVES ‘‘BILLY’’ SULLIVAN TO YOUTH HON. HOWARD L. BERMAN Wednesday, March 3, 1999 ATHLETICS OF CALIFORNIA Mr. DEUTSCH. Mr. Speaker, I rise today in honor of some distinguished South Florida stu- HON. RICHARD E. NEAL HON. HENRY A. WAXMAN dents: Abhishek Gupta, Adam & Diana OF CALIFORNIA OF MASSACHUSETTS Deitsch, Connie & Hakeem Campbell, Shaun IN THE HOUSE OF REPRESENTATIVES HON. BRAD SHERMAN Krueger, Edward & Monique McDuffie, Laurel Stephenson, and Samantha Voehringer. Every Wednesday, March 3, 1999 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES one of these students in between the ages of Mr. NEAL of Massachusetts. Mr. Speaker, I 7±17 years old, and their outstanding commu- would like to recognize the lifelong commit- Wednesday, March 3, 1999 nity service has truly benefited both the South ment to youth athletics in Western Massachu- Mr. BERMAN. Mr. Speaker, my colleagues, Florida community as well as the world at setts of Mr. William C. ``Billy'' Sullivan. For the Mr. WAXMAN, Mr. SHERMAN and I rise today to large. CONGRESSIONAL RECORD — Extensions of Remarks E333 During this past Thanksgiving break, my in place, the Federal Government will be able quickly through the Department and was pro- constituent, Abhishek Gupta, read several arti- to use hard-earned taxpayer money more effi- moted to Lieutenant in 1973. In 1982, Randy cles in local newspapers describing the unfor- ciently. graduated from the FBI National Academy in tunate situation of many poor and needy fami- One important provision of H.R. 436 will Quantico, Virginia and was later promoted to lies in his local community and around the allow social security benefits to be scaled Captain in 1983. On January 11, 1994, Randy world. The eleventh grade student set himself back for individuals who owe large amounts of was appointed Chief of Police. the lofty goal of raising $50,000 in order to child support. For many working and single- During his tenure, crime rates fell 12% over promote and combat this cause. With encour- parent families, child support payments are the span of 2 years in Orange County. This agement from his parents and help from sev- essential ingredients for success in raising tremendous achievement has been made pos- eral local students, Abhishek created a non- children. I believe this bill will ease the burden sible only through the hard work, dedication to profit organization called ``Clothes, Food & on working families. duty and personal sacrifice inspired by Chief Education for the Poor & Needy'' to help less I was pleased to support this legislation and Gaston. fortunate families. make good on my pledge to reduce govern- Randy is remembered as an honest man Finding corporate sponsors to pay for oper- ment waste whenever possible. who often laughed at himself and who enjoyed staying out of the limelight. Yet his community ational expenses, Abhishek appealed to an re- f ceived contributions from the local community policing program is recognized as a model for American police forces and for safer commu- members who responded with both enthu- IN SUPPORT OF THE WIRELESS nities around the world. He will take with him siasm and compassion. In the end, their goal PRIVACY ENHANCEMENT ACT OF a remarkable ability to integrate local commu- was exceeded by raising $60,000 in just a few 1999 nity volunteers into the police force structure weeks. The money was donated to the Sun- to help combat crime. Sentinel Children's Fund, the Miami Herald HON. ANNA G. ESHOO I submit for the record an article from Feb- Wishbook in Southeast Florida, and to victims OF CALIFORNIA ruary 26, 1999, of the Los Angeles Times in Central America affected by Hurricane IN THE HOUSE OF REPRESENTATIVES which further describes Chief Gaston's out- Mitch. In a very short time, the once bold idea Wednesday, March 3, 1999 standing achievements. developed not only a reality, but into an over- While Chief Gaston's leadership will be whelming success. Ms. ESHOO. Mr. Speaker, I'd like to submit missed at our Police Department, all citizens In December 1998, Lynn Stephenson, R.N., for the RECORD that I would have voted ``yes'' of Orange County should take comfort that the and Abhishek Gupta were invited to accom- if I'd been present for the vote on the Wireless Anaheim Police Department will evoke his pany a medical team on a mission of mercy to Privacy Enhancement Act of 1999. spirit and legacy through their continued ef- Honduras and Nicaragua from 12/26/98 This important legislation strengthens and forts to better our community. through 12/31/98. In their possession were clarifies prohibitions on electronic eaves- I want to thank Chief Gaston for his service 120 boxes of food, clothing and medical sup- dropping. to our fine city, and for his bravery and self- plies for distribution. In the three days the Mr. Speaker, specifically, this legislation less dedication to his career and his commu- team of doctors was in Central America, they makes it illegal to intentionally intercept calls nity. This man was a genuine community lead- were met by an overwhelming number of pa- or to intentionally divulge the content of private er. He not only did his job well, he loved it, tients to whom they provided badly needed calls. Additionally, it increases the penalties for and the community he served. We are safe medical treatment. By the end of the three violators and requires the FCC to investigate because of his sacrifice. days, they had seen a total of 594 patients. violations. [From the latimes.com, Neighborhood News, Mr. Speaker, ``Clothes, Food and Education This legislation is essentially the same wire- Feb. 26, 1999] for the Poor and Needy'' is committed to sup- less scanner legislation that the House of ANAHEIM POLICE CHIEF GASTON DIES porting needy families and education in South Representatives overwhelmingly approved last (By Jason Kandel, Nancy Wride) Florida and around the world. The organiza- session. OBITUARY: A 30-YEAR VETERAN OF THE DEPART- tion will continue to seek contributions for this As an original co-sponsor of the Wireless MENT, HE COLLAPSES WHILE JOGGING WITH worthy cause. Their vision is to make this an Privacy Enhancement Act of 1999, I'm HIS FELLOW OFFICERS effort that continues throughout the year, thus pleased my colleagues saw fit to pass the leg- Anaheim Police Chief Randall Gaston, a 30- creating the possibility of having a positive ef- islation by a 403 to 3 vote margin. As I stated year veteran of the department he led for fect on the lives of people who are less fortu- before, had I been present for this vote, I more than five years, died Thursday of an would have joined my colleagues in their near apparent heart attack as he was jogging on nate. his lunch hour. He was 54. f unanimous support for this legislation. Gaston was on a group run in Pearson Park f with members of the Anaheim Police Depart- H.R. 436, THE GOVERNMENT ment’s special weapons and tactics team WASTE, FRAUD & ERROR REDUC- TRIBUTE TO CHIEF RANDALL W. when he became ill and dropped out, then TION ACT GASTON collapsed. He was given cardiopulmonary re- suscitation by colleagues but could not be revived. An emergency rescue team trans- HON. DIANA DeGETTE HON. LORETTA SANCHEZ ported him to Anaheim Memorial Medical OF COLORADO OF CALIFORNIA Center, where he died at 12:55 p.m. Gaston IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES had filled a vacancy created by the death of Wednesday, March 3, 1999 Chief Joseph T. Molloy, who also died of a Wednesday, March 3, 1999 heart attack while exercising. He too was 54. Ms. DEGETTE. Mr. Speaker, Congress Ms. SANCHEZ. Mr. Speaker, I rise today to Shocked and grieving associates remem- acted responsibly to reduce government waste pay tribute to the career of Chief Randall W. bered Gaston as a highly respected law-en- last week, voting 419±1 to pass H.R. 436, the Gaston of the Anaheim Police Department. On forcement officer and community leader. ‘‘As a leader and professional, Chief Gaston Government Waste, Fraud & Error Reduction February 25, 1999, at age 54, Chief Gaston was a model public servant,’’ Anaheim Act. passed away at the Anaheim Memorial Medi- Mayor Tom Daly said. ‘‘His dedication to the This common-sense measure empowers cal Center. Chief Gaston is survived by his community has been remarkable, and he will federal agencies to collect delinquent debt and wife Linda and has four grown children, Alli- be difficult to replace.’’ Scores of uniformed it bars individuals from receiving aid or partici- son, Bryan, Aaron and Debbie and two grand- officers and staff workers gathered Thursday pating in federal programs if they have refused children. afternoon at the Police Department for a flag-lowering ceremony in Gaston’s memory. to pay back money borrowed from the govern- The Anaheim Police Department is said to A photo of the chief was displayed in the ment. This tough-on-debt approach is justified have been run as a family under the leader- lobby, surrounded by red, white and blue for individuals who knowingly seek the assist- ship of Chief Gaston. As a 9-year old, I re- flowers. ance of the Federal Government, but choose member becoming a part of this family when Police Capt. Roger Baker, appointed in- to defraud taxpayers by not paying back their I was named Anaheim Police Chief for the terim chief by City Manager James D. Ruth, debts. On a yearly basis, Congress will re- day. I toured the station, met the officers and said of Gaston: ‘‘He was highly respected by the Anaheim Police Department and the ceive reports from federal agencies detailing saw firsthand the inner workings of the depart- community and will be greatly missed.’’ debt collection procedures and outstanding ment. I remember I felt very welcome. Former La Habra Police Chief Steve debts of $1 million or more. With reinvigo- Chief Gaston began working for the Ana- Staveley was a friend of Gaston for more rated, streamlined debt collection mechanisms heim Police Department in 1965. Randy rose than 30 years. E334 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1999 SENATE COMMITTEE MEETINGS 10 a.m. 2000 for the Small Business Adminis- Judiciary tration. Title IV of Senate Resolution 4, To hold hearings to examine interstate SR–428A agreed to by the Senate on February 4, alcohol sales. 2 p.m. 1977, calls for establishment of a sys- SD–226 Energy and Natural Resources tem for a computerized schedule of all Foreign Relations Forests and Public Land Management Sub- meetings and hearings of Senate com- East Asian and Pacific Affairs Subcommit- committee To resume oversight hear- tee ings on the President’s proposed budget mittees, subcommittees, joint commit- To hold hearings on issues relating to request for fiscal year 2000 for the For- tees, and committees of conference. post election Cambodia. This title requires all such committees SD–419 est Service, Department of Agri- to notify the Office of the Senate Daily 10:30 a.m. culture. Digest—designated by the Rules com- Banking, Housing, and Urban Affairs SD–366 mittee—of the time, place, and purpose International Trade and Finance Sub- MARCH 17 of the meetings, when scheduled, and committee To hold oversight hearings on the Inter- 9:30 a.m. any cancellations or changes in the national Monetary Fund. meetings as they occur. Indian Affairs SD–538 To hold hearings on S.399, to amend the As an additional procedure along Indian Gaming Regulatory Act. with the computerization of this infor- MARCH 10 SR–485 mation, the Office of the Senate Daily 9:30 a.m. 10 a.m. Digest will prepare this information for Armed Services Veterans Affairs printing in the Extensions of Remarks Readiness and Management Support Sub- To hold joint hearings with the House committee section of the CONGRESSIONAL RECORD Committee on Veterans Affairs to re- To hold hearings on the condtion of the view the legislative recommendations on Monday and Wednesday of each services’ infrastructure and real prop- of the Disabled American Veterans. week. erty maintenance programs for fiscal 345 Cannon Building Meetings scheduled for Thursday, year 2000. SR–222 March 4, 1999 may be found in the Daily MARCH 18 Digest of today’s RECORD. Health, Education, Labor, and Pensions To hold hearings on education research 2 p.m. issues. Armed Services MEETINGS SCHEDULED SD–430 Readiness and Management Support Sub- Indian Affairs committee MARCH 5 To hold oversight hearings on the Bureau To hold hearings on the readiness of the of Indian Affairs Capacity and Mission. 9:30 a.m. United States Air Force and Army op- SR–485 YEAR 2000 TECHNOLOGY PROBLEM erating forces. 2:30 p.m. To hold hearings on internetional Y2K SH–216 Armed Services computer problem issues. SeaPower Subcommittee SD–192 MARCH 24 To hold hearings to examine strategic Joint Economic Committee and tactical lift requirements versus 9:30 a.m. To hold joint hearings on the employ- capabilities. Indian Affairs ment-unemployment situation for Feb- SR–232A To hold oversight hearings on the imple- ruary. mentation of welfare reform. SD–562 MARCH 11 SR–485 Armed Services 10 a.m. Emerging Threats and Capabilities Sub- 9:30 a.m. Veterans Affairs committee Environment and Public Works To hold joint hearings with the House To hold hearings on emerging threats to To hold hearings on S.507, to provide for vital United States national security the conservation and development of Committee on Veterans Affairs to re- interests. water and related resources, to author- view the legislative recommendations SR–222 ize the Secretary of the Army to con- of the American Ex-Prisoners of War, struct various projects for improve- AMVETS, Vietnam Veterans of Amer- ments to rivers and harbors of the MARCH 8 ica, and the Retired Officers Associa- United States. 9:30 a.m. tion. SD–406 345 Cannon Building Governmental Affairs 2 p.m. Investigations Subcommittee Armed Services APRIL 14 To hold hearings on S.335, to amend Personnel Subcommittee chapter 30 of title 39, United States To hold hearings on proposed legislation 9:30 a.m. Code, to provide for the nonmailability authorizing funds for fiscal year 2000 Commerce, Science, and Transportation of certain deceptive matter relating to for the Department of Defense focusing To hold hearings to examine the pub- games of chance, administrative proce- on the defense health program, and the lished scandals plaguing the Olympics. dures, orders, and civil penalties relat- future years defense program. SR–253 ing to such matter. SR–222 Indian Affairs SD–342 Energy and Natural Resources To hold oversight hearings on the imple- Forests and Public Land Management Sub- mentation of welfare reform for Indi- MARCH 9 committee ans. 9:30 a.m. To hold oversight hearings on the Presi- SR–485 Governmental Affairs dent’s proposed budget request for fis- Investigations Subcommittee cal year 2000 for the Forest Service, De- SEPTEMBER 28 To hold hearings on S.335, to amend partment of Agriculture. 9:30 a.m. chapter 30 of title 39, United States SD–628 Code, to provide for the nonmailability Veterans Affairs of certain deceptive matter relating to MARCH 16 To hold joint hearings with the House games of chance, administrative proce- 10 a.m. Committee on Veterans Affairs to re- dures, orders, and civil penalties relat- Small Business view the legislative recommendations ing to such matter. To hold hearings on the President’s pro- of the American Legion. SD–342 posed budget request for fiscal year 345 Cannon Building Wednesday, March 3, 1999 Daily Digest

HIGHLIGHTS House Committees ordered reported six sundry measures. Senate of the following individuals to serve as members of Chamber Action the Commission on Online Child Protection: Jerry Routine Proceedings, pages S2159–S2236 Berman, of Washington, D.C.—Representative of a Measures Introduced: Sixteen bills were intro- business making content available over the Internet; duced, as follows: S. 513–528. Pages S2208±09 Srinija Srinivasan, of California—Representative of a business providing Internet portal or search services; Education Flexibility Partnership Act: Senate began consideration of S. 280, to provide for edu- and Donald N. Telage, of Massachusetts—Represent- cation flexibility partnerships, agreeing to the com- ative of a business providing domain name registra- mittee amendment, and taking action on the follow- tion services. Page S2235 ing amendment: Pages S2177±S2201 Board of Visitors of the U.S. Coast Guard Acad- Adopted: emy: The Chair, on behalf of the Vice President, Wellstone Amendment No. 33 (to Amendment pursuant to 14 U.S.C. 194(a), as amended by Public No. 31), to prohibit waivers with respect to serving Law 101–595, appointed the following Senators to eligible school attendance areas in rank order. the Board of Visitors of the U.S. Coast Guard Acad- Page S2201 emy: Senator McCain, ex officio, as Chairman of the Kennedy Amendment No. 34 (to Amendment Committee on Commerce, Science and Transpor- No. 31), to ensure that increased flexibility leads to tation; and Senator Ashcroft, Committee on Com- improved student achievement. Page S2201 merce, Science, and Transportation. Page S2235 Rejected: Board of Visitors of the U.S. Merchant Marine Wellstone/Kennedy Amendment No. 32 (to Academy: The Chair, on behalf of the Vice Presi- Amendment No. 31), to preserve accountability for dent, pursuant to Title 46, Section 1295(b), of the funds under title I of the Elementary and Secondary U.S. Code, as amended by Public Law 101–595, ap- Education Act of 1965. (By 55 yeas to 42 nays (Vote pointed the following Senators to the Board of Visi- No. 30), Senate tabled the amendment.) tors of the U.S. Merchant Marine Academy: Senator Pages S2197±S2201 McCain, ex officio, as Chairman of the Committee Pending: on Commerce, Science, and Transportation; and Sen- Jeffords Amendment No. 31, in the nature of a ator Snowe, Committee on Commerce, Science, and substitute. Pages S2177±S2201 Transportation. Page S2235 During consideration of this measure today, the Twenty-first Century Workforce Commission: following also occurred: The Chair, on behalf of the Majority Leader, pursu- By voice vote, Senate agreed to the motion to pro- ant to Public Law 105–220, announced the appoint- ceed to the consideration of the bill. Pages S2160±77 ment of the following individuals to serve as mem- A unanimous-consent agreement was reached pro- bers of the Twenty-first Century Workforce Com- viding for further consideration of the bill and an mission: Susan Auld, of Vermont, Katherine K. amendment to be proposed thereto, on Thursday, Clark, of Virginia, Bobby S. Garvin, of Mississippi, March 4, 1999. Page S2234 and Randel K. Johnson, of Maryland. Page S2235 Appointments: Nominations Confirmed: Senate confirmed the fol- Commission on Online Child Protection: The lowing nominations: Chair, on behalf of the Democratic Leader, pursuant 73 Air Force nominations in the rank of general. to Public Law 105–277, announced the appointment 1 Marine Corps nomination in the rank of general. D203 D204 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 1999 Routine lists in the Air Force, Army, Marine of the Architect of the Capitol, receiving testimony Corps, Navy. Pages S2233±36 from Alan M. Hantman, Architect of the Capitol, Messages From the House: Page S2207 who was accompanied by several of his associates. Measures Referred: Page S2207 APPROPRIATION—DEFENSE Measures Placed on Calendar: Page S2207 Committee on Armed Services: Subcommittee on Person- nel concluded hearings on proposed legislation au- Communications: Pages S2207±08 thorizing funds for fiscal year 2000 for the Depart- Statements on Introduced Bills: Pages S2209±24 ment of Defense, focusing on recommendations per- Additional Cosponsors: Pages S2224±25 taining to military retirement, pay and compensa- tion, and the Future Years Defense Program, and Amendments Submitted: Pages S2225±27 certain provisions of S. 4, to improve pay and retire- Notices of Hearings: Page S2227 ment equity for members of the Armed Forces Authority for Committees: Pages S2227±28 (passed Senate on 2–24–99), after receiving testi- mony from Christopher Jehn, Assistant Director, Additional Statements: Pages S2228±33 National Security Division, Congressional Budget Record Votes: One record vote was taken today. Office; Rudy deLeon, Under Secretary of Defense for (Total—30) Page S2200±01 Personnel and Readiness; Patrick T. Henry, Assistant Adjournment: Senate convened at 9:30 a.m. and Secretary of the Army for Manpower and Reserve Af- adjourned at 6:37 p.m., until 9:30 a.m. on Thurs- fairs; Carolyn H. Becraft, Assistant Secretary of the day, March 4, 1999. (For Senate’s program, see the Navy for Manpower and Reserve Affairs; Ruby B. remarks of the Acting Majority Leader in today’s DeMesme, Assistant Secretary of the Air Force for Record on pages S2234–35.) Manpower, Reserve Affairs, Installations, and Envi- ronment; James R. Hosek and Beth J. Asch, both of the Rand Corporation, Washington D.C.; and Committee Meetings MCPO Joseph Barnes, USN (Ret), Fleet Reserve As- (Committees not listed did not meet) sociation, COL Steven P. Strobridge, USAF (Ret), Retired Officers Association, and Sydney T. Hickey, APPROPRIATIONS—EDUCATION National Military Family Association, all of Alexan- Committee on Appropriations: Subcommittee on Labor, dria, Virginia. Health and Human Services, Education and Related AUTHORIZATION—DEFENSE Agencies concluded hearings on proposed budget es- timates for fiscal year 2000 for the Department of Subcommittee on Armed Services: Subcommittee on Education, after receiving testimony from Richard Airland concluded hearings on proposed legislation W. Riley, Secretary of Education. authorizing funds for fiscal year 2000 for the De- partment of Defense, focusing on Army moderniza- NATIONAL DEFENSE BUDGET tion, and the future years defense programs, after re- Committee on Appropriations: Subcommittee on Defense ceiving testimony from Richard Armitage, and Gen. concluded hearings on the President’s proposed Robert W. Riscassi, USA (Ret.), both former Mem- budget for fiscal year 2000 for the Department of bers, National Defense Panel; Lt. Gen. Paul J. Kern, Defense, after receiving testimony from John J. USA, Military Deputy, Office of the Assistant Sec- Hamre, Deputy Secretary, and William J. Lynn, III, retary of the Army for Acquisition, Logistics, and Under Secretary (Comptroller)/Chief Financial Offi- Technology; Lt. Gen. Randall L. Rigby, Jr., USA, cer, both of the Department of Defense. Deputy Commanding General, Army Training and APPROPRIATIONS—CAPITOL POLICE Doctrine Command; Brig. Gen. Michael J. Squires, BOARD/ARCHITECT OF THE CAPITOL USA, Deputy Director of the Army National Guard; Thomas W. Rabaut, United Defense LP, Arlington, Committee on Appropriations: Subcommittee on Legisla- Virginia; and Arthur J. Veitch, General Dynamics tive Branch concluded hearings on proposed budget Land Systems, Warren, Michigan. estimates for fiscal year 2000 for the U.S. Capitol Police Board, after receiving testimony from James SEAPOWER OVERVIEW W. Ziglar, Senate Sergeant at Arms, Alan M. Committee on the Armed Services: Subcommittee on Hantman, Architect of the Capitol, and Gray L. Seapower concluded hearings on the 21st century Abrecht, Chief, U.S. Capitol Police, all on behalf of seapower vision overview and maritime implications the Capitol Police Board. of 21st century threats, after receiving testimony Also, Subcommittee held hearings on proposed from Richard Danzig, Secretary of the Navy; Paul budget estimates for fiscal year 2000 for the Office M. Lowell, Deputy Director of Naval Intelligence; March 3, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D205 Vice Admiral Conrad C. Lautenbacher, Jr., USN, Water Works Association; Erik D. Olson, Natural Deputy Chief of Naval Operations for Resources; and Resources Defense Council, Washington, D.C.; Lt. Gen. John E. Rhodes, USMC, Commanding Gurnie Gunter, Kansas City Water Services Depart- General, Marine Corps Combat Development Com- ment, Kansas City, Missouri, on behalf of the Asso- mand. ciation of Metropolitan Water Agencies; Steven YEAR 2000 BUDGET Levy, Atlantic State Rural Water Association, Nor- wich, Connecticut, on behalf of the National Rural Committee on the Budget: Committee concluded hear- Water Association; and Andrew M. Chapman, Eliza- ings to examine the Congressional Budget Office’s bethtown Water Company, Elizabethtown, New Jer- analysis of the President’s proposed budget for fiscal sey, on behalf of the National Association of Water year 2000, after receiving testimony from Dan L. Companies. Crippen, Director, Congressional Budget Office. EDUCATION TAX PROPOSALS BUSINESS MEETING Committee on Finance: Committee concluded hearings Committee on Commerce, Science, and Transportation: to examine education savings incentives, education Committee ordered favorably reported S. 96, to reg- financing, school construction financing proposals, ulate commerce between and among the several and S. 211, to amend the Internal Revenue Code of States by providing for the orderly resolution of dis- 1986 to make permanent the exclusion for employer- putes arising out of computer-based problems related provided educational assistance programs, after re- to processing data that includes a 2-digit expression ceiving testimony from Senators Coverdell, Graham, of that year’s date, with an amendment in the nature Schumer, Sessions, and McConnell; Dennis Zimmer- of a substitute. man, Specialist in Public Finance, Congressional Re- DEPARTMENT OF THE INTERIOR BUDGET search Service, Library of Congress; Esthelda R. Parker Selby, Rehoboth Elementary School, Milton, Committee on Energy and Natural Resources: Sub- Delaware; James T. McCarthy, Merrill Lynch Pierce committee on Water and Power concluded hearings Fenner and Smith, Inc., Princeton, New Jersey; on the President’s proposed budget request for fiscal Alexis Garland, Hewlett Packard Company, New year 2000 for the Bureau of Reclamation and the Castle, Delaware; Shirley Hughes, Ceridian Corpora- Power Marketing Administrations, after receiving tion, Bloomington, Minnesota, on behalf of the Na- testimony from Patricia J. Beneke, Assistant Sec- tional Association of Manufacturers; William E. retary for Water and Science, and Eluid L. Martinez, Manning, Red Clay Consolidated School District Commissioner, Bureau of Reclamation, both of the Board of Education, Wilmington, Delaware; and Department of the Interior; and Michael L. Telson, Octavio J. Visiedo, OV Education Concepts, Miami, Chief Financial Officer, Charles A. Borchardt, Ad- Florida. ministrator, Southeastern Power Administration, Mi- chael A. Deihl, Administrator, Southwestern Power CASPIAN SEA EXPORT ENERGY PIPELINE Administration, Michael S. Hacskaylo, Adminis- Committee on Foreign Relations: Subcommittee on trator, Western Area Power Administration, and Ste- International Economic Policy, Export and Trade phen Wright, Senior Vice President, Bonneville Promotion concluded hearings on the commercial vi- Power Administration, all of the Department of En- ability of a Caspian Sea export energy pipeline, after ergy. receiving testimony from Richard L. Morningstar, SAFE DRINKING WATER ACT Special Advisor to the President and Secretary of State for Caspian Basin Energy Diplomacy; Nancy E. Committee on Environment and Public Works: Sub- Frame, Deputy Director, Trade and Development committee on Fisheries, Wildlife and Drinking Agency; Jeffrey L. Miller, Group Manager, Struc- Water concluded oversight hearings on the Environ- tured Export Finance, Export-Import Bank of the mental Protection Agency’s implementation of the United States; Audrey Zuck, Regional Manager, 1996 amendments to the Safe Drinking Water Act, New Independent States, Overseas Private Invest- after receiving testimony from J. Charles Fox, Assist- ment Corporation; Edward M. Smith, Pipeline Solu- ant Administrator, Office of Water, and Norine tions Group International, London, England; J. Mi- Noonan, Assistant Administrator, Office of Research chael Stinson, Conoco, Inc., Houston, Texas; and and Development, both of the Environmental Protec- Maureen Greenwood, Amnesty International, Wash- tion Agency; Gerry C. Biberstine, Colorado Depart- ington, D.C. ment of Public Health and Environment, Denver, on behalf of the Association of State Drinking Water INDEPENDENT COUNSEL ACT Administrators; Merril Bingham, Provo City Water Committee on Governmental Affairs: Committee con- Resources, Provo, Utah, on behalf of the American cluded hearings on the future of the Independent D206 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 1999 Counsel Act, after receiving testimony from Robert C. Susan Oliver, Meigs County Council on Aging, S. Bennet, Skadden, Arps, Slate, Meagher, and Flom; Inc., Pomeroy, Ohio. Nathan Lewin, Miller, Cassidy, Larroca and Lewin; BUSINESS MEETING Henry Ruth, former Special Prosecutor of the Water- gate Special Prosecution Force; and Robert B. Fiske, Committee on Indian Affairs: Committee completed its Jr., Davis, Polk, and Wardwell, all of Washington, review of those programs which fall within the com- D.C.; and George Beall, Baltimore, Maryland, former mittee’s jurisdiction as contained in the President’s United States Attorney for the District of Maryland. proposed budget for fiscal year 2000, and agreed on recommendations it will make thereon to the Com- OLDER AMERICANS ACT mittee on the Budget. Committee on Health, Education, Labor, and Pensions: INDIAN TRUST MANAGEMENT Subcommittee on Aging concluded oversight hear- Committee on Indian Affairs/Committee on Energy and ings on the implementation of and proposed author- Natural Resources: izations for the Older Americans Act, after receiving Committee held joint oversight hearings to examine testimony from Jeanette C. Takamura, Assistant Sec- the Department of the Interior’s implementation of the retary of Health and Human Services for Aging; Ray Indian Trust Fund Management Reform Act, receiving Bramucci, Assistant Secretary of Labor for Employ- testimony from Bruce Babbitt, Secretary of the Interior; ment and Training; William D. Bechill, Maryland Edward K. Thomas, Central Council of Tlingit and Haida Indians Tribes of Alaska, Juneau, on behalf of the Advi- Commission on Aging, Kensington; Geneva Shedd, sory Board to the Special Trustee for American Indians Indiana Bureau of Aging and In Home Services, In- on Trust Fund Reform; Charles Tillman, Osage Nation of dianapolis, on behalf of the National Association of Oklahoma, Tulsa, on behalf of the Inter-Tribal Monitor- State Units on Aging; Neetu Dhawan-Gray, Balti- ing Association on Indian Trust Funds; and Paul M. more City Commission on Aging Retirement Edu- Homan, Homan and Associates, Washington, D.C., cation, Baltimore, Maryland, on behalf of the Na- former Special Trustee for American Indians. tional Association of Area Agencies on Aging; and Hearings recessed subject to the call. h House of Representatives Aviation Incidents and Death on the High Seas Chamber Action Act: The House passed H.R. 603, to amend title 49, Bills Introduced: 23 public bills, H.R. 950–972; 6 United States Code, to clarify the application of the resolutions, H. Con. Res. 40, and H. Res. 92–96 Act popularly known as the ‘‘Death on the High were introduced. Pages H955±57 Seas Act’’ to aviation incidents by a yea and nay vote Reports Filed: Reports were filed today as follows: of 412 yeas to 2 nays, Roll No. 32. H.R. 707, to amend the Robert T. Stafford Disas- Pages H900±03, H913±14 ter Relief and Emergency Assistance Act to authorize Earlier, agreed to H. Res. 85, the rule that pro- a program for predisaster mitigation, to streamline vided for consideration of the bill by voice vote. the administration of disaster relief, to control the Pages H898±99 Federal costs of disaster assistance, amended (H. Stage 3 Noise Levels and Supersonic Transport Rept. 106–40); and Aircraft: The House passed H.R. 661, to direct the H. Res. 91, providing for consideration of H.R. Secretary of Transportation to prohibit the commer- 707, to amend the Robert T. Stafford Disaster Relief cial operation of supersonic transport category air- and Emergency Assistance Act to authorize a pro- craft that do not comply with stage 3 noise levels gram for predisaster mitigation, to streamline the if the European Union adopts certain aircraft noise administration of disaster relief, to control the Fed- regulations. Pages H903±07 eral costs of disaster assistance (H. Rept. 106–41). Earlier, agreed to H. Res. 86, the rule that pro- Page H955 vided for consideration of the bill by voice vote. Guest Chaplain: The prayer was offered by the Pages H899±S900 guest Chaplain, the Rev. Michael E. Robinson of Peace Corps Reauthorization: The House passed Washington, D.C. Page H893 H.R. 669, to amend the Peace Corps Act to author- ize appropriations for fiscal years 2000 through 2003 March 3, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D207 to carry out that Act by yea and nay vote of 326 istration, and Related Agencies held a hearing on yeas to 90 nays, Roll No. 31. Pages H907±13 Marketing and Regulatory Programs. Testimony was H. Res. 83, the rule that provided for consider- heard from the following officials of the USDA: Mi- ation of the bill was agreed to on February 25. chael V. Dunn, Under Secretary, Marketing and Pages H807±08 Regulatory Programs; Craig A. Reed, Administrator, Board of Trustees of Gallaudet University: The Animal and Plant Health Inspection Service; Enrique Chair announced the Speaker’s appointment of Rep- Figueroa, Administrator, Agricultural Marketing resentative LaHood to the Board of Trustees of Gal- Service; and James R. Baker, Administrator, Grain laudet University. Page H914 Inspection, Packers and Stockyards Administration; and Stephen B. Dewhurst, Budget Officer. Trustees of the Institute of American Indian and Alaska Native Culture and Arts Development: COMMERCE, JUSTICE, STATE, AND The Chair announced the Speaker’s appointment of JUDICIARY APPROPRIATIONS Representative Young of Alaska to the Board of Committee on Appropriations: Subcommittee on Com- Trustees of the Institute of American Indian and merce, Justice, State, and Judiciary held a hearing on Alaska Native Culture and Arts Development. Legal Services Corporation and on Secretary of Com- Page H914 merce. Testimony was heard from the following offi- Board of Trustees of the JFK Center for the Per- cials of the Legal Services Corporation: Douglas forming Arts: The Chair announced the Speaker’s Eakeley, Chairman; John Erlenborn, Vice Chairman; appointment of Representative Porter to the Board and John McKay, President; and William M. Daley, of Trustees of the John F. Kennedy Center for the Secretary of Commerce. Performing Arts. Page H914 DEFENSE APPROPRIATIONS Commission on Security and Cooperation in Eu- Committee on Appropriations: Subcommittee on Defense rope: The Chair announced the Speaker’s appoint- held a hearing on fiscal year 2000 Department of ment of Representative Smith of New Jersey as Defense budget. Testimony was heard from the fol- Chairman of the Commission on Security and Co- lowing officials of the Department of Defense: Wil- operation in Europe. Page H914 liam S. Cohen, Secretary; and Gen. Henry H. Senate Messages: Messages received from the Senate Shelton, USA, Chairman, Joint Chiefs of Staff. today appear on page H893. INTERIOR APPROPRIATIONS Referrals: S. 314, to provide for a loan guarantee Committee on Appropriations: Subcommittee on Interior program to address the Year 2000 computer prob- held a hearing on Recreational Fees. Testimony was lems of small business concerns, was referred to the heard from Barry T. Hill, Associate Director, En- Committee on Small Business. Page H951 ergy, Resources, and Science Issues, GAO; and the Quorum Calls—Votes: Two yea and nay votes de- following officials of the Department of the Interior: veloped during the proceedings of the House today Donald J. Barry, Assistant Secretary, Fish and Wild- and appear on pages H913 and H913–14. There life and Parks; Maureen Finnerty, Associate Director, were no quorum calls. National Park Service, Park Operations and Edu- Adjournment: The House met at 10:00 a.m. and cation; John Rogers, Deputy Director, U.S. Fish and adjourned at 5:34 p.m. Wildlife Service; Nina Rose Hatfield, Deputy Direc- tor, Bureau of Land Management; and Denny Committee Meetings Beschor, National Director, Forest Service, Recre- ation, Heritage, and Wilderness Resources, USDA. AGRICULTURAL BIOTECHNOLOGY LABOR-HHS-EDUCATION Committee on Agriculture: Subcommittee on Risk Man- APPROPRIATIONS agement, Research, and Specialty Crops held a hear- ing on agricultural biotechnology. Testimony was Committee on Appropriations: Subcommittee on Labor, heard from August Schumacher, Under Secretary, Health and Human Services, and Education held a Farm and Foreign Agricultural Services, USDA; Jim hearing on National Institute of Neurological Dis- Murphy, Assistant U.S. Trade Representative, Agri- orders and Strokes, the National Institute on Aging, cultural Affairs; and public witnesses. and the National Institute on Mental Health, and on National Institute of Diabetes, Digestive and Kidney AGRICULTURE, RURAL DEVELOPMENT, Diseases, the National Institute of Arthritis and FDA APPROPRIATIONS Musculoskeletal and Skin Diseases, and the National Committee on Appropriations: Subcommittee on Agri- Center for Research Resources. Testimony was heard culture, Rural Development, Food and Drug Admin- from the following officials of NIH, Department of D208 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 1999 Health and Human Services: Gerald D. Fischbach, Frederick McCorkle, USMC, Deputy Chief of Staff, M.D., Director, National Institute of Neurological Aviation, Headquarters, U.S. Marine Corps. Disorders and Strokes; Richard J. Hodes, M.D., Di- rector, National Institute on Aging; Steven E. HEDGE FUNDS Hyman, M.D., Director National Institute of Mental Committee on Banking and Financial Services: Sub- Health; Phillip Gorden, M.D., Director, National committee on Capital Markets, Securities, and Gov- Institute of Diabetes, Digestive, and Kidney Dis- ernment Sponsored Enterprises held a hearing on eases; and Stephen I. Katz, M.D., Director, National hedge funds. Testimony was heard from William J. Institute of Arthritis and Musculoskeletal and Skin McDonough, President, Federal Reserve Bank of Diseases; and Judith L. Vaitukaitis, M.D., Director, New York; Brooksley Born, Chair, Commodity Fu- National Center for Research Resources. tures Trading Commission; Lew Sachs, Deputy As- TREASURY-POSTAL SERVICE sistant Secretary, Government Financial Policy, De- APPROPRIATIONS partment of the Treasury; and public witnesses. Committee on Appropriations: Subcommittee on Treas- HUD’S FISCAL YEAR 2000 BUDGET ury, Postal Service, and General Government held a Committee on Banking and Financial Services: Sub- hearing on Office of National Drug Control Policy committee on Housing and Community Opportunity and on U.S. Postal Service. Testimony was heard held a hearing on HUD’s fiscal year 2000 budget. from Barry McCaffrey, Director, Office of National Testimony was heard from Saul N. Ramirez, Jr., Drug Control Policy; and William J. Henderson, Deputy Secretary, Department of Housing and CEO and Postmaster General, U.S. Postal Service. Urban Development; Judy England-Joseph, Director, VA-HUD-INDEPENDENT AGENCIES Housing and Community Development Division, APPROPRIATIONS GAO. Committee on Appropriations: Subcommittee on VA, SOCIAL SECURITY PROPOSAL—MARKET HUD, Independent Agencies held a hearing on the IMPACT Court of Veterans Appeals and on the Selective Serv- Committee on Commerce: Subcommittee on Finance and ice System. Testimony was heard from Frank O. Hazardous Materials continued hearings on the Mar- Nebeker, Chief Judge, Court of Veterans Appeals; ket Impact of the Administration’s Social Security and Gil Cornado, Director, Selective Service System. Proposal. Testimony was heard from Alan Green- NATIONAL DEFENSE AUTHORIZATION span, Chairman, Board of Governors, Federal Reserve Committee on Armed Services: Continued hearings on System; and Lawrence H. Summers, Deputy Sec- the fiscal year 2000 National Defense authorization retary, Department of the Treasury. budget request. Testimony was heard from the fol- EDUCATION FLEXIBILITY PARTNERSHIP lowing officials of the Department of Defense: Adm. ACT Dennis C. Blair, USN, Commander in Chief, U.S. Pacific Command; and Gen. John Tilelli, USA, Committee on Education and the Workforce: Ordered re- Commander in Chief, U.S. Forces Korea. ported amended H.R. 800, Education Flexibility Partnership Act of 1999. SERVICE AVIATION AND MODERNIZATION FIGHTING CRIME IN THE TRENCHES Committee on Armed Services: Subcommittee on Mili- Committee on Government Reform: Held a hearing on tary Procurement and the Subcommittee on Military Fighting Crime in the Trenches, Part l, National Research and Development held a joint hearing on Problems, Local Solutions: Federalism at Work. Tes- service aviation modernization plans. Testimony was timony was heard from Rudolph W. Giuliani, heard from the following officials of the Department Mayor, City of New York; John F. Timoney, Com- of Defense: Maj. Gen. Peter C. Franklin, USA, Dep- missioner, Department of Police, Philadelphia, Penn- uty for Systems Management and Horizontal Tech- sylvania; and a public witness. nology Integration, Office of the Assistant Secretary of the Army (Research, Development and Acquisi- COMMITTEE FUNDING tion); Rear Adm. John B. Nathman, USN, Director, Committee on House Administration: Met and consid- Air Warfare, Office of the Chief of Naval Oper- ered committee funding requests for the following ations; Lt. Gen. Gregary S. Martin, USAF, Principal Committees: House Administration; International Deputy Assistant Secretary of the Air Force (Acquisi- Relations; Standards of Official Conduct; Science; tion); Maj. Gen, Leslie F. Kenne, USAF, Program Budget; Veterans Affairs; Transportation and Infra- Executive Officer, Joint Strike Fighter; and Lt. Gen. structure; and Banking and Financial Services. March 3, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D209 FOREIGN ASSISTANCE BUDGET REQUEST property; and H.R. 510, to direct the Secretary of Committee on International Relations: Held a hearing on the Interior to transfer to John R. and Margaret J. the Administration’s Foreign Assistance Budget Re- Lowe of Big Horn County, Wyoming, certain land quest. Testimony was heard from J. Brian Atwood, so as to correct an error in the patent issued to their Administrator, AID, U.S. International Development predecessors in interest. Cooperation Agency. DISASTER MITIGATION AND COST SOUTH ASIA; CHALLENGES IN U.S. POLICY REDUCTION ACT Committee on International Relations: Subcommittee on Committee on Rules: Granted, by voice vote, an open Asia and the Pacific held a hearing on South Asia: rule providing 1 hour of debate on H.R. 707, Disas- Challenges in U.S. Policy. Testimony was heard from ter Mitigation and Cost Reduction Act of 1999. The Karl F. Inderfurth, Assistant Secretary, South Asian rule waives clause 4(a) of Rule XIII (requiring a Affairs, Department of State; and public witnesses. three-day layover of the committee report) against REASSESSING THE EXPORT consideration of the bill. The rule makes in order the ADMINISTRATION ACT Committee on Transportation and Infrastructure amendment in the nature of a substitute as an origi- Committee on International Relations: Subcommittee on nal bill for purpose of amendment, which shall be International Economic Policy and Trade held a open for amendment by title. The rule authorizes the hearing on a New World Order: Reassessing the Ex- Chair to accord priority in recognition to Members port Administration Act. Testimony was heard from who have pre-printed their amendments in the Con- Representatives Cox and Dicks; William Reinsch, gressional Record. The rule further authorizes the Under Secretary, Bureau of Export Administration, Chairman of the Committee of the Whole to post- Department of Commerce; Richard Hogland, Assist- pone votes during consideration of the bill, and to ant Commissioner, Investigations, U.S. Customs reduce votes to five minutes on a postponed question Service, Department of the Treasury; and public wit- if the vote follows a fifteen minute vote. Finally, the nesses. rule provides one motion to recommit with or with- ANTI-DRUG EFFORT IN AMERICAS out instructions. Testimony was heard from Rep- Committee on International Relations: Subcommittee on resentative Fowler. the Western Hemisphere held a hearing on the anti- OVERSIGHT—BUDGET AUTHORIZATION drug effort in the Americas and implementation of REQUESTS the Western Hemisphere Drug Elimination Act. Testimony was heard from Senator DeWine; Tom Committee on Science: Subcommittee on Energy and the Umberg, Deputy Director, Office of Supply Reduc- Environment held an oversight hearing on Fiscal tion, Office of National Drug Control Policy; L. Year 2000 Request: Department of Energy Office of Rank Beers, Assistant Secretary, Bureau of Inter- Science; Environment, Safety, and Health; and Envi- national Narcotics and Law Enforcement Affairs, De- ronmental Management. Testimony was heard from partment of State; Donny Marshall, Deputy Admin- the following officials of the Department of Energy: istrator, DEA, Department of Justice; Rear Adm. Martha A. Krebs, Director, Office of Sciences; Dan Raymond Riutta, USCG, Assistant Commandant, M. Berkovitz, Deputy Assistant Secretary, Planning, Operations, U.S. Coast Guard, Department of Trans- Policy and Budget, Office of Environmental Manage- portation; and Bonni Tischler, Assistant Commis- ment; and David M. Michaels, Assistant Secretary, sioner, Investigations, U.S. Customs Service, Depart- Environment, Safety and Health; and Victor S. ment of the Treasury. Rezendes, Director, Energy, Natural Resources, and Science Issues, Resources, Community, and Eco- MISCELLANEOUS MEASURES nomic Development Division, GAO. Committee on Resources: Ordered reported the following bills: H.R. 15, Otay Wilderness Act of 1999; H.R. OVERSIGHT—AERO-SPACE TECHNOLOGY 154, amended, to provide for the collection of fees BUDGET for the making of motion pictures, television produc- Committee on Science: Subcommittee on Space and Aer- tions, and sound tracks in National Park System and onautics held a oversight hearing on Fiscal Year National Wildlife Refuge System units; H.R. 449, 2000 Budget: Aero-Space Technology. Testimony Gateway Visitor Center Authorization Act of 1999; was heard from the following officials of the Office H.R. 509, amended, to direct the Secretary of the of Aero-Space Technology, NASA: Sam Armstrong, Interior to transfer to the personal representative of Associate Administrator; and Gary Payton, Deputy the estate of Fred Steffens of Big Horn County, Wy- Associate Administrator (Space Transportation Tech- oming, certain land comprising the Steffens family nology). D210 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 1999 PRIVATE MARKET—INVESTING SOCIAL Self-Sufficiency Program in the Social Security Adminis- SECURITY tration to provide such individuals with meaningful op- portunities to work, and S. 494, to amend title XIX of Committee on Ways and Means: Subcommittee on So- the Social Security Act to prohibit transfers or discharges cial Security held a hearing on Investing Social Secu- of residents of nursing facilities as a result of a voluntary rity in the Private Market. Testimony was heard withdrawal from participation in the Medicaid program, from Lawrence H. Summers, Deputy Secretary, De- 10 a.m., SD–215. partment of the Treasury; and public witnesses. Committee on Foreign Relations: Subcommittee on Inter- BIOLOGICAL WARFARE THREATS AND national Operations, to hold hearings on the proposed CAPABILITIES budget request for fiscal year 2000 for foreign assistance programs, 2 p.m., SD–419. Permanent Select Committee on Intelligence: Held a hear- Committee on Governmental Affairs: to hold hearings on ing on Biological Warfare Threats and Capabilities. proposed budget reform measures, 10 a.m., SD–342. Testimony was heard from John Lauder, Special As- Committee on Health, Education, Labor, and Pensions: Sub- sistant to the Director, Nonproliferation, CIA; and committee on Employment, Safety and Training, to hold public witnesses. hearings on S. 385, to amend the Occupational Safety and f Health Act of 1970 to further improve the safety and health of working environments, 9:30 a.m., SD–430. COMMITTEE MEETINGS FOR THURSDAY, Committee on the Judiciary: business meeting to mark up MARCH 4, 1999 S. 249, to provide funding for the National Center for Missing and Exploited Children, to reauthorize the Run- (Committee meetings are open unless otherwise indicated) away and Homeless Youth Act; and S. 461, to assure that Senate innocent users and businesses gain access to solutions to the year 2000 problem-related failures through fostering Committee on Appropriations: Subcommittee on Treasury an incentive to settle year 2000 lawsuits that may disrupt and General Government, to hold hearings on proposed significant sectors of the American economy, 10 a.m., budget estimates for fiscal year 2000 for the Office of SD–226. National Drug Control Policy, 9:30 a.m., SD–138. Committee on Veterans Affairs: to hold joint hearings Subcommittee on VA, HUD, and Independent Agen- with the House Committee on Veterans Affairs to review cies, to hold hearings on proposed budget estimates for the legislative recommendations of the Veterans of World fiscal year 2000 for the Federal Emergency Management War I of the USA, Non-Commissioned Officers Associa- Agency, 9:30 a.m., SD–192. tion, Paralyzed Veterans of America, Jewish War Veter- Subcommittee on Transportation, to hold hearings on ans, and the Blinded Veterans Association, 9:30 a.m., 345 proposed budget estimates for fiscal year 2000 for the Cannon Building. Department of Transportation, 10 a.m., SD–124. Committee on Banking, Housing, and Urban Affairs: busi- House ness meeting to mark up proposed legislation to enhance competition in the financial services industry by provid- Committee on Agriculture, Subcommittee on General ing a prudential framework for the affiliation of banks, Farm Commodities, Resource Conservation, and Credit, securities firms, and other financial service providers, 10 to review the Loan Deficiency Payment Program, 10 a.m., a.m., SD–538. 1300 Longworth. Committee on Commerce, Science, and Transportation: to Committee on Appropriations, Subcommittee on Agri- hold hearings on S. 97, to require the installation and use culture, Rural Development, Food and Drug Administra- by schools and libraries of a technology for filtering or tion, and Related Agencies, on Commodity Futures Trad- blocking material on the Internet on computers with ing Commission, 1 p.m., 2362-A Rayburn. Internet access to be eligible to receive or retain universal Subcommittee on Commerce, Justice, State, and the service assistance, 9:30 a.m., SR–253. Judiciary, on The Federal Judiciary, 10 a.m., 2359 Ray- Committee on Energy and Natural Resources: business burn. meeting to consider pending calendar business, 9:30 a.m., Subcommittee on Defense, executive, on U.S. Pacific SD–366. command, U.S. Forces Korea, 9:30 a.m., and on Person- Full Committee, to hold hearings on the nomination nel Issues/Medical Programs, 2 p.m., H–140 Capitol. of Robert Wayne Gee, of Texas, to be an Assistant Sec- Subcommittee on Energy and Water Development, on retary of Energy (Fossil Energy), 10 a.m., SD–366. Department of Energy 9:30 a.m., 2362-B Rayburn. Committee on Environment and Public Works: to hold hear- Subcommittee on Foreign Operations, on Members of ings on the nomination of Gary S. Guzy, of the District Congress and Outside Witnesses, 12:30 p.m., H–144 of Columbia, to be an Assistant Administrator of the En- Capitol. vironmental Protection Agency, 9 a.m., SD–406. Subcommittee on Interior, on Bureau of Land Manage- Committee on Finance: business meeting to mark up S. ment, 9 a.m., B–308 Rayburn. 331, to amend the Social Security Act to expand the Subcommittee on Labor, Health and Human Services, availability of health care coverage for working individ- and Education, on National Institute of Allergy and In- uals with disabilities, to establish a Ticket to Work and fectious Diseases, 10 a.m., on the National Eye Institute, March 3, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D211 and on Director, NIH and on Office of Director Panel, Budget Views and Estimates for fiscal year 2000 for sub- 2 p.m., 2358 Rayburn. mission to the Committee on the Budget, 10 a.m., 2172 Subcommittee on Military Construction, on Air Force Rayburn. Construction, 9:30 p.m., B–300 Rayburn. Subcommittee on International Operations and Human Subcommittee on Transportation, on National Railroad Rights, hearing on Foreign Relations Authorization for Passenger Corporation (Amtrak), 9:45 a.m., 2358 Ray- Fiscal Year 2000–2001: Public Diplomacy Programs, 2 burn. p.m., 2172 Rayburn. Subcommittee on Treasury, Postal Service, and General Committee on the Judiciary, Subcommittee on Commer- Government, on National Archives, 9 a.m., H–309 Cap- cial and Administrative Law, oversight hearing on the itol. ‘‘The ‘Know Your Customer’ Rules: Privacy in the Hands Subcommittee on VA, HUD, and Independent Agen- of Federal Regulators’’; followed by a markup of the fol- cies, on NSF, 9:30 a.m. and 1:30 p.m., H–143 Capitol. lowing bills: H.R. 462, to clarify that governmental pen- Committee on Armed Services, Subcommittee on Military sion plans of the possessions of the United States shall be Personnel, hearing on pilot retention—issues and possible treated in the same manner as State pension plans for solutions, 10 a.m., 2118 Rayburn. purposes of the limitation on the State income taxation Subcommittee on Military Procurement, hearing on the of pension income; and H.R. 916, to make technical Department of Energy fiscal year 2000 budget request, 1 amendments to section 10 of title 9, United States Code, p.m., 2118 Rayburn. 10 a.m., 2141 Rayburn. Subcommittee on Military Readiness, hearing on mili- Subcommittee on Courts and Intellectual Property, tary training capabilities and shortfalls, 10 a.m., 2212 hearing on H.R. 850, Security and Freedom Through Rayburn. Encryption (SAFE) Act, 10 a.m., 2226 Rayburn. Committee on Banking and Financial Services, to mark up Subcommittee on Immigration and Claims, oversight the Financial Services Act of 1999, 10 a.m., 2128, Ray- hearing on issues arising from past designations of tem- burn. porary protected status and fraud in prior amnesty pro- Committee on the Budget, hearing on the CBO analysis grams; and to consider other pending committee business, of the Administration’s fiscal year 2000 budget, 10 a.m., 10 a.m., 2237 Rayburn. 210 Cannon. Committee on Resources, Subcommittee on Fisheries Con- Committee on Commerce, to mark up H.R. 540, Nursing servation, Wildlife and Oceans, oversight hearing on fis- Home Residents Protection Amendments of 1999, 10:30 cal year 2000 budget request of the United States Fish a.m., 2123 Rayburn. and Wildlife Service, 10 a.m., 1334 Longworth. Subcommittee on Telecommunications, Trade, and Subcommittee on Forests and Forest Health, oversight Consumer Protection, to mark up H.R. 851, Save Our hearing on Forest Service Roads Moratorium, 10 a.m., Satellites Act of 1999, 2 p.m., 2123 Rayburn. 1324 Longworth. Committee on Government Reform, Subcommittee on the Committee on Science, Subcommittee on Technology, Census, to mark up H.R. 683, Decennial Census Im- oversight hearing on Soaring into the Future? Funding provement Act of 1999, 9:15 a.m., 311 Cannon. Requirements for FAA Research and Development, 10:30 Subcommittee on Criminal Justice, Drug Policy, and a.m., 2318 Rayburn. Human Resources, hearing on Oversight on U.S.-Mexico Committee on Ways and Means, Subcommittee on Trade, Counternarcotics Efforts, 10 a.m., 2247 Rayburn. to continue hearings on the Importance of Trade Negotia- Subcommittee on Postal Service, hearing on H.R. 22, tions in Fighting Foreign Protectionism, 10 a.m., 1100 Postal Modernization Act of 1999, 1 p.m., 2154 Ray- Longworth. burn. Permanent Select Committee on Intelligence, executive, hear- Committee on House Administration, to continue to con- ing on Fiscal Year 2000 Budget: The DCI’s Perspective, sider Committee funding requests, 10 a.m., 1310 Long- 1 p.m., H–405 Capitol. worth. Committee on International Relations, to mark up the fol- Joint Meetings lowing measures: Security Assistance Act of 1999; H.R. Joint Meetings: Senate Committee on Veterans Affairs, 825, United States-Macau Policy Act; H. Res. 32, ex- to hold joint hearings with the House Committee on pressing support for, and calling for actions in support of, Veterans Affairs to review the legislative recommenda- free, fair, and transparent elections in Indonesia; and H. tions of the Veterans of World War I of the USA, Non- Con. Res. 28, expressing the sense of Congress that the Commissioned Officers Association, Paralyzed Veterans of United States should introduce and make all efforts nec- America, Jewish War Veterans, and the Blinded Veterans essary to pass a resolution criticizing the People’s Repub- Association, 9:30 a.m., 345 Cannon Building. lic of China for its human rights abuses in China and Joint Economic Committee: to hold hearings on issues re- Tibet at the annual meeting of the United Nations Com- lating to economic growth through tax cuts, 9:30 a.m., mission on Human Rights; and to consider Committee’s SD–562. D212 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, March 4 10 a.m., Thursday, March 4

Senate Chamber House Chamber Program for Thursday: After the recognition of seven Program for Thursday: Consideration of H.R. 707, Dis- Senators for speeches and the transaction of any morning aster Mitigation and Cost Reduction Act (open rule, 1 business (not to extend beyond 11 a.m.), Senate will con- hour of debate); and tinue consideration of S. 280, Education Flexibility Part- Consideration of a concurrent resolution expressing the nership Act. condolences of the Congress on the death of the Hon. Morris K. Udall, former United States Representative from Arizona.

Extensions of Remarks, as inserted in this issue

HOUSE Hoyer, Steny H., Md., E326 Pastor, Ed, Ariz., E332 Jackson-Lee, Sheila, Tex., E328 Rothman, Steve R., N.J., E327 Berman, Howard L., Calif., E332 Lofgren, Zoe, Calif., E331 Sanchez, Loretta, Calif., E333 Blunt, Roy, Mo., E330 Lowey, Nita M., N.Y., E323 Sherman, Brad, Calif., E332 Collins, Mac, Ga., E324 McNulty, Michael R., N.Y., E332 Skelton, Ike, Mo., E330 DeGette, Diana, Colo., E333 Martinez, Matthew G., Calif., E330 Souder, Mark E., Ind., E329 Deutsch, Peter, Fla., E332 Menendez, Robert, N.J., E324 Thune, John R., S.D., E328 Emerson, Jo Ann, Mo., E325 Miller, George, Calif., E330 Traficant, James A., Jr., Ohio, E327 Eshoo, Anna G., Calif., E333 Neal, Richard E., Mass., E332 Underwood, Robert A., Guam, E328 Frost, Martin, Tex., E329 Norton, Eleanor Holmes, D.C., E323 Waxman, Henry A., Calif., E332 Kleczka, Gerald D., Wisc., E326 Packard, Ron, Calif., E327 Wilson, Heather, N.M., E323, E324 Hayes, Robin, N.C., E324, E325 Pallone, Frank, Jr., N.J., E326

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