Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, SECOND SESSION

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

Vol. 144 WASHINGTON, TUESDAY, MARCH 24, 1998 No. 34 House of Representatives The House met at 12:30 p.m. that question is: Why is enactment of tuition at Joliet Junior College. It is 3 f the Marriage Tax Elimination Act so months of day care at a local day care important for American families? And center and several months of car pay- MESSAGE FROM THE SENATE I think it is best to ask a series of ments and even a significant portion of A message from the Senate by Mr. questions. Do Americans feel that it is a down payment on a home. Lundregan, one of its clerks, an- fair that our Tax Code imposes a high- I mentioned child care and the Presi- nounced that the Senate had passed er tax on marriage? Do Americans feel dent talks about increasing the child care tax deduction. So a lot of ques- with an amendment in which the con- that it is fair that 21 million married tions are which is better, eliminating currence of the House is requested, a working couples, 42 million Americans, the marriage tax penalty or increasing bill of the House of the following title: pay on average $1,400 more in taxes that child care tax deduction. H.R. 2472. An act to extend certain pro- just because they are married, $1,400 more than an identical couple who I noted earlier that $1,400 is 3 grams under the Energy Policy and Con- months’ worth of day care at a local servation Act. chooses to live together outside of marriage, even though they have identical day care center in Joliet, Illinois. One The message also announced that the of the President’s ideas, expansion of incomes? Do Americans feel that it is Senate insists upon its amendment to the child care tax credit, the average right that our Tax Code actually pro- the House amendment to the Senate family that will qualify with a com- vides an incentive to get divorced? amendment to the bill (H.R. 2472) ‘‘An bined income of less than $50,000, they Well, the answer is pretty clear: Of Act to extend certain programs under would see $358 more in net take-home course not. Not only is the marriage the Energy Policy and Conservation pay. Under the Marriage Tax Elimi- tax unfair, it is wrong. It is immoral Act,’’ requests a conference with the nation Act, they would see $1,400 more that our Tax Code actually punishes House on the disagreeing votes of the in net take-home pay. And in Joliet, Il- our society’s most basic institution, two Houses thereon, and appoints Mr. linois, $358 will pay for 3 weeks of day the institution of marriage. MURKOWSKI, Mr. NICKLES, Mr. CRAIG, care. Elimination of the marriage pen- Mr. Speaker, the Congressional Budg- Mr. THOMAS, Mr. BUMPERS, Mr. BINGA- alty for that machinist and that school et Office last year reported that 21 mil- MAN, and Mr. AKAKA, to be the con- teacher will pay for 3 months. ferees on the part of the Senate. lion married working couples paid on So which is better, 3 weeks or 3 average $1,400 more in taxes. f months of day care? Clearly, elimi- Let me share an example. I will take nation of the marriage tax would be a MORNING HOUR DEBATES a couple from Joliet, Illinois, a com- bigger help to this working family in munity in the district that I have the The SPEAKER. Pursuant to the Joliet, Illinois. privilege of representing. This one gen- Under the Marriage Tax Elimination order of the House of January 21, 1997 tleman is a machinist at the local Cat- the Chair will now recognize Members Act, we give this machinist and this erpillar manufacturing plant. He school teacher the power of choice from lists submitted by the majority makes $30,500 a year in income, and and minority leaders for morning hour where rather than filing jointly, which after taking out the standard exemp- penalizes them with a $1,400 marriage debates. The Chair will alternate rection that he is able to claim as a single tax penalty, they can choose to file as ognition between the parties, with each person, he is in the 15 percent tax two singles. It would be to their finan- party limited to not to exceed 30 min- bracket, which means he is taxed at cial advantage and they would save utes, and each Member except the ma- the 15 percent tax rate. Say he meets a that $1,400 by enjoying the lower tax jority and minority leaders and minor- gal and she is a school teacher in the rate. ity whip limited to not to exceed 5 Joliet public schools and she has an What is the bottom line? The bottom minutes. identical income of $30,500. If they line is the Marriage Tax Elimination The Chair recognizes the gentleman choose to get married, their combined Act would put a married couple with from Illinois (Mr. WELLER) for 5 min- income of $61,000 pushes them into the two incomes on equal footing with the utes. 28 percent tax bracket, producing the working couple with identical income f average marriage tax penalty of $1,400. living together outside of marriage. In Joliet, Illinois, $1,400 is a lot of That is an issue of fairness, and I be- UNFAIRNESS IN TAX CODE: money. Here in Washington, D.C., it is lieve that we should stop punishing MARRIAGE TAX PENALTY a drop in the bucket. But for this cou- marriage. Mr. WELLER. Mr. Speaker, there is ple, this machinist and public school In 1996, this Republican Congress an important question out there and teacher in Joliet, $1,400 is one year’s helped families by providing for an

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.

H1381 H1382 CONGRESSIONAL RECORD — HOUSE March 24, 1998 adoption tax credit so that families Mr. Speaker, this is a comprehensive ply ensures that communities cannot could better afford to provide a loving bill. Its greatest achievement is in pro- get away with ignoring problems, or home for a child in need of adoption. In moting the two pillars of sound trans- worse, shifting them on to their neigh- 1997, this Republican Congress provided portation: balance and local decision- bors. These are unarguably Federal pri- for a $500-per-child tax credit which making. A balanced transportation orities. would benefit 3 million children in Illi- system is more efficient, cost effective, I think the text that best captures nois. $1.5 billion in higher take-home and it gives people choices about how the spirit of the ISTEA reauthorization pay will stay in Illinois to meet the they get to where they need to go to is to be found in the 58th chapter, 12th needs of local Illinois families rather live, work, and play. verse of Isaiah: than coming here to Washington. We Mr. Speaker, I am particularly Those from among you. believe that those Illinois families can pleased that in BESTEA all modes of Shall build the waste places; better spend their hard-earned dollars transportation are supported. BESTEA You shall rise up the foundations of many better at home than we can here in does great things for bicycling with generations; Washington. strong support of the Congressional Bi- And you shall be called the Repairer of the Mr. Speaker, this year let us help the cycle Caucus and a national campaign Breach, The Restorer of Streets to Dwell In. American family again by eliminating to promote bikes. It requires increased the marriage tax penalty. Let us allow consideration of safety for cyclists. It I think ISTEA makes progress to- those 21 million married couples who adds important provisions to require wards this timeless goal and I, along are currently paying on average $1,400 that bike and pedestrian facilities be with the prophet Isaiah, am pleased to more, just because they are married, considered when new roads are support it. under our Tax Code to keep that planned, and it increases overall fund- f money to meet their own needs. Let us ing for the Enhancements and CMAQ HONESTY IS AN ABSOLUTE PRE- eliminate the marriage tax penalty and programs, which have been the key to REQUISITE FOR PUBLIC SERVICE let us pass the Marriage Tax Elimi- over $1 billion in cycling facilities. nation Act and let us do it now. BESTEA does great things for transit The SPEAKER pro tempore (Mr. f and transit does great things for our HEFLEY). Under the Speaker’s an- communities, returning $4 in benefits nounced policy of January 21, 1997, the H.R. 2400, SURFACE in the environment, social and infra- gentleman from Kentucky (Mr. LEWIS) TRANSPORTATION FUNDING structure for every dollar that we in- is recognized during morning hour de- The SPEAKER pro tempore. Under vest. Millions of us, whether we use bates for 5 minutes. the Speaker’s announced policy of Jan- transit or not, have reasons to be b 1245 uary 21, 1997, the gentleman from Or- grateful for the record funding level of egon (Mr. BLUMENAUER) is recognized $36 billion over the next 6 years. Mr. LEWIS of Kentucky. Mr. Speak- during morning hour debates for 5 min- BESTEA does great things for rail, er, I would like to read a piece from the utes. one of the most cost-effective ways to Washington Times that caught my at- Mr. BLUMENAUER. Mr. Speaker, move passengers and freight. Rail helps tention. It reads: ‘‘Still amazingly rel- this afternoon, the Committee on to relieve pressure on our crowded evant today, New York Gov. Theodore Transportation and Infrastructure will highways and airports, adding capacity Roosevelt observed on May 12, 1900: finish its consideration of H.R. 2400, at a fraction of the cost. We can afford to differ on the currency, the which authorizes surface transpor- BESTEA does great things for driv- tariff, and foreign policy; but we cannot af- tation funding for the next 6 years, bet- ers. These funds are essential for badly ford to differ on the question of honesty if we ter known as BESTEA. This is the needed maintenance and repair of our expect our republic permanently to endure. most important domestic bill of this Honesty is it not so much a credit as an ab- roads and bridges and to add capacity solute prerequisite to efficient service to the Congress and, indeed, well into the where it is truly needed. The best thing public. Unless a man is honest, we have no next century. It provides for rails, for motorists is that balancing the right to keep him in public life. It matters roads and pathways that bind our Na- transportation system means giving not how brilliant his capacity. tion’s cities and regions into one coun- people alternatives which in turn re- The weakling and the coward cannot be try. duces congestion, pollution and even saved by honesty alone. But without hon- In 1991, ISTEA, the groundbreaking road rage. Even if we do not use the al- esty, the brave and able man is merely a legislation, promoted efficient use of ternatives, the experience for the mo- civic wild beast who should be hunted down by every lover of righteousness. scarce resources by encouraging bal- torist is improved. anced transportation systems and long- No man who is corrupt, no man what con- BESTEA also maintains the local de- dones corruption in others can possibly do range planning. As a supporter of cision-making, one of the most impor- his duty by the community. ISTEA’s principles, I have been pleased tant but underappreciated things the ‘Liar’ is just as ugly a word as ’thief’ be- with the progress of BESTEA through Federal Government has done for com- cause it implies the presence of just as ugly Congress. I want to thank our chair- munities in the last 25 years. a sin in one case as in the other. If a man lies man and ranking members for their I have to say that one omission does, under oath or procures a lie of another under terrific work. Thanks to the gentleman in fact, concern me. For in 1991, with oath, if he perjures himself or suborns perjury, he is guilty under the statute law. from Pennsylvania (Mr. SHUSTER), the the passage of ISTEA, Congress re- Under the higher law, under the great law gentleman from Minnesota (Mr. OBER- quired States and larger communities of morality and righteousness, he is pre- STAR), the gentleman from Wisconsin to develop realistic plans that linked cisely as guilty if, instead of lying in court, (Mr. PETRI) and the gentleman from transportation and land use. Transpor- he lies in a newspaper or on the stump; and West Virginia (Mr. RAHALL), H.R. 2400 tation plans were intended to avoid in all probability, the evil effects of his con- is proof that in the spirit of bipartisan- wasting scarce resources. duct are more widespread and more per- ship, building on sound policy, every- Unfortunately, BESTEA takes a step nicious. one can win. backward by making this planning op- f BESTEA continues the ISTEA traditional. This means, as a practical mat- tion of encouraging real transportation ter, some of the States which have the MORAL DECLINE IN AMERICA solutions. Our citizens know from expe- greatest need are less likely to do the The SPEAKER pro tempore (Mr. rience that an unbalanced, unplanned integrating planning for the future. HEFLEY). Under the Speaker’s an- transportation system can waste mil- We have been working on improving nounced policy of January 21, 1997, the lions of their dollars while eliminating the planning language for BESTEA for gentleman from Kansas (Mr. TIAHRT) is their choices and even destroying their months and this struggle will continue recognized during morning hour de- communities. ISTEA contained a mix through final passage. We cannot af- bates for 5 minutes. of incentives, instructions and opportu- ford to throw money at transportation Mr. TIAHRT. Mr. Speaker, I am in- nities for citizen participation that solutions that will only cause more creasingly concerned about the moral helped guarantee that Federal dollars problems in the long run. Planning decline we are facing in America. As a will be spent wisely. does not mean dictating results; it sim- society, it seems to be sinking to an March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1383 all-time low. Sunday mornings are cause what happens when that 14-year- Let me point out some of the scare often reserved for a time for us to exer- old boy makes a decision is, he goes tactics that have been used. The fol- cise our faith, but now it has become against all those things that built this lowing was distributed in a letter to all the Nation’s pastime to defend the country as a great Nation: hard work, Members of the House of Representa- undefendable. integrity, virtue, faith in God. tives, from the Biotechnology Industry Men and women who have proclaimed Those are the values and virtues that Organization, better known as BIO. to care about justice for women in the each of us must turn back to in order They state, just to select one phrase, workplace now defend sexual advances to save our society from this downward ‘‘We urge you to use caution before de- and now defend inappropriate behavior. spiral, in order to inspire us to rise be- ciding to cosponsor or support hastily Most parents want to protect their yond our daily circumstance to our drafted legislation which would not children. I know I do. I have a 17-year- highest and best, not only as individ- only ban human cloning, but would in- old daughter and two younger sons, and uals, but as a great Nation. advertently shut down biomedical re- I want to be able to protect them from f search by outlawing basic laboratory any unlawful pressure or from bad be- techniques used for decades.’’ HUMAN CLONING LEGISLATION havior that is the lowest and worst in There are several things wrong with The SPEAKER pro tempore. Under our society. that statement. First of all, they say the Speaker’s announced policy of Jan- I am particularly concerned about the legislation is hastily drafted. That uary 21, 1997, the gentleman from my daughter, because she will be the seems to be a phrase people always use Michigan (Mr. EHLERS) is recognized first to go out on her own. When she at- when they do not like legislation. The during morning hour debates for 5 min- tends a college, I do not want a profes- bill under discussion in the Committee utes. sor or the president of the college or on Commerce has survived several Mr. EHLERS. Mr. Speaker, I rise university groping her to pressure her hearings over several mouths in the for sex for performance, for grades. And today to address the subject of cloning. Last year Ian Wilmuth, a scientist in Committee on Science. It has been de- when she gets her first job, I do not liberated and modified by the Commit- want the CEO or president of the cor- Scotland, announced the cloning of a sheep named Dolly; and at that time I tee on Science and is certainly not poration or any of her fellow workers hastily drafted. I think it is a good bill. making sexual advances in exchange came to the floor and expressed my for promotions. concern about the possibility of apply- Secondly, they say it will inadvert- And for my sons, it is a great coming that technique to cloning humans. ently shut down biomedical research. promise to the virtues and values that I was certainly in tune with the Amer- That is absurd, absolutely absurd. The built this great Nation for us to just ican people, because it turned out over bill that I have introduced would not let them watch a weeknight evening of 90 percent of them object to cloning of shut down biomedical research. The television. The language, the violence, human beings, for various reasons. letter says it would do that by outlaw- the lack of morals, the attacks on the I am in the unusual situation of ing basic laboratory techniques used institution of marriage all go against being one of the few scientists in the for decades. I would like the industry what civil people do when they want to Congress, and as a scientist I under- to show me one such technique used for live peaceably together. stand the vital role that science plays decades which my bill would shut Only a few programs, very few pro- in enhancing the welfare of individuals down. grams, restore our faith in hard work, in society, and I am extremely reluc- It is time for the facts to get out. It honesty, integrity, respect for each tant to place any limits on scientific is time for the Members of the House other. But most of television leaves us research. However, while the possibili- to get the facts and to pay attention to wanting, wanting for heroes that will ties of scientific experiments may seem it and not be guided by alarmist infor- bring us to our highest and best. limitless, there are times when society, mation distributed by organizations Yes, our economy is strong. The New through its governmental process, can that have a vested financial interest in York Stock Exchange presses new and should place limits on scientific preventing my bill from passing. records almost weekly. Unemployment experimentation. If we look at the bill that came out is low. The welfare rolls are down. There are many things which science of the Committee on Science, which is More and more people are working and can do. Most of them should be done. now before the Committee on Com- earning more and more money. Our Some should not. And it is up to us to merce, and a companion bill which will bank accounts seem full, but our decide which should not. be modified similar to this, we were There are a number of scientific rea- hearts and souls are empty. very careful. We do not ban human sons at this point for banning human Well, my colleagues have heard, cloning, first of all, because ‘‘cloning″ cloning. It took 277 tries to produce ‘‘You can’t legislate morality, so you is not a precise term. We defined it in Dolly, and it would take considerably can’t change our society.’’ Well, first of terms of prohibiting human somatic more than a thousand, I believe, to all, that is a false statement. When a cell nuclear transfer. Now, that is a produce a human clone. The dangers 14-year-old boy breaks into a liquor very technical definition, but very nar- associated with that are immense. And store to rob the store and kills an at- row and very precise. tendant, that is against the law. It is in particular, we have to worry about also against God’s law, the Ten Com- the rights of all those failures which Secondly, we specifically outline mandments. resulted in discards. If we are cloning what is permitted, because I did not But we can do our best as a govern- sheep and things go bad, no one regrets just want to ban human cloning and ment to prevent that 14-year-old from discarding the defective sheep. But if it leave things up in the air; I wanted to making that decision through good is a human, we have an entirely dif- be very specific about what was per- education, through encouraging strong ferent situation. mitted. And this bill makes it clear families and communities, trying to There are also social and psycho- that somatic cell nuclear transfer or steer them from a decision that would logical reasons for banning human other cloning technologies can be used destruct them for the rest of their lives cloning and, above all, there are moral to clone molecules, to clone DNA, and harm society. But we as a govern- and ethical reasons for a ban. However, clone cells other than human embryo ment cannot change that young boy’s in spite of the national consensus on cells or tissues, to clone animals; and I heart. And that is really what needs to banning human cloning that I men- plan to expand that to include cloning happen. tioned, the bill that I introduced to do plants as well. To change a young man’s heart, we this has come under attack, primarily We are working very hard to come up have to go beyond just the laws of the from those who would benefit in var- with a good bill that is fair and equi- land, and each of us has to take on a ious ways, from allowing the process to table and that will allow legitimate re- responsibility, a responsibility to first go forward. The Biotechnology Indus- search to go forward but will ban the live our lives as we would like others try Organization and the Association cloning of human beings in any form to live theirs; second, to build strong for Reproductive Medicine clearly have and at any stage of life. I would appre- families, then strong communities. Be- a vested interest in this. ciate the support of my colleagues. H1384 CONGRESSIONAL RECORD — HOUSE March 24, 1998 2000 CENSUS ing campaign, better address lists, and We can listen to the experts to get the best The SPEAKER pro tempore. Under closer partnerships with both local count possible. Or we can let politics rule the the Speaker’s announced policy of Jan- governments and community-based or- day, and end up with a census that costs too uary 7, 1997, the gentlewoman from ganizations. much and misses millions of Americans. New York (Mrs. MALONEY) is recog- b 1300 We must put an end to the injustice census. f nized during morning hour debates for All of these things will improve the 5 minutes. response rate and improve accuracy SOCIAL SECURITY Mrs. MALONEY of New York. Mr. while containing costs. After extensive Speaker, we have a serious problem in The SPEAKER pro tempore (Mr. efforts to count absolutely everybody, America today that might seem some- HEFLEY). Under the Speaker’s an- the plan for the 2000 census calls for what paranormal. It might be some- nounced policy of January 21, 1997, the the application of basic statistical thing we would see on ‘‘Ripley’s Be- gentleman from Michigan (Mr. SMITH) methods to establish the number and is recognized during morning hour de- lieve it or Not’’ or maybe ‘‘The X characteristics of the people who still Files.’’ Ten million Americans have be- bates for 5 minutes. do not respond based on those who do. Mr. SMITH of Michigan. Mr. Speak- come invisible. And even more will dis- Congress recently approved a test of appear if this Congress fails to act. er, I would like to spend a couple of these methods in 2 of the 3 dress re- minutes talking about the future of So- I am talking about the 1990 census. hearsals for the census that starts this That is when ten million people were cial Security. Last Saturday there was spring. Under the Census Bureau plan, a National town hall type discussion not counted, they were simply over- everybody counts. All Americans will looked. It was as if the population of among citizens in 10 cities of the coun- be included in the census. But the bu- try linked by interactive television. Michigan or Ohio simply fell off the reau faces one obstacle, and that is this map. Many of those who were missed The purpose was to discuss the prob- Congress. Those who oppose the Census lems of Social Security, and possible are people who most need the things Bureau’s plan for the 2000 census say that being counted in the census solutions. I compliment the Pew Foun- they are willing to spend whatever it dation for starting this kind of discus- brings, representation in government takes to count everybody the old way. and inclusion in government’s Federal sion that I think is so vital in deciding But everybody knows that no matter how we make Social Security more se- funding formulas. The 1990 census was how much you spend, the old ways will the first to be worse than the census cure. The first step is to understand not count everyone. what the problems are and understand before it, and the difference between Dr. Barbara Bryant stepped into the the undercount for whites and minori- the seriousness of the problems in breach for President Bush to direct the terms of keeping Social Security sol- ties was the worst ever recorded. 1990 census. The Republican appointee 1 vent. About 4 ⁄2 percent of all African knew all too well the problems with Americans were missed, as were 1 in 20 I was asked to participate with Presi- the plans for 1990. But she was brought dent Clinton, with both of us making Latinos, 1 in 14 children, and 1 in 10 on board just 4 months before it was to black males. But the problem does not statements and listening to sugges- begin. It takes 24 hours to turn around tions. Speaking at Cobo Hall in Detroit end with the undercount. In 1990, over an aircraft carrier. Four months was 6 million people were counted more I said there were certain guidelines hardly enough time to stop the mo- that need to be adhered to as we move than once and most of them were mentum of an operation as massive as white. That makes the undercount ahead on solving Social Security. Num- the census. Recently Dr. Bryant wrote, ber one, that it be bipartisan; number even more unfair to minorities and and I quote, poor people, because not only are they two, that we need to keep all solutions Throwing more money and more tempo- missed, but their proportional rep- on the table in our discussions over the rarily hired census takers at the job of enu- next several months in looking at the resentation, the basis for House seats meration will not find the missing. and Federal dollars, is further dimin- best possible ways to keep Social Secu- She echoes what everybody knows. rity solvent; number three, that we do ished by double-counting. The old methods are as worn out as the The 1990 census cost 20 percent more not reduce the benefits for existing re- arguments that keep them. tirees or near-term retirees; number than the 1980 census and was 33 percent One of those arguments being used by the less accurate. In fact, unless we make four, that we have a system where our House Leadership is that we are under a Con- kids and our grandkids, and their chil- some fundamental changes, there is stitutional mandate to physically count every- every reason to believe that the 2000 dren can have retirement incomes that one, nose by nose. will last them through their expected census will cost even more and be less That is an impossibility, and it gives the illu- longer life span, and; number five, that accurate. sion that the census can reach everyone di- we stop government using Social Secu- As we enter a new millennium, our rectly, which it cannot and does not. However, rity Trust Fund money in exchange for Nation needs an accurate census that it can reach many people directly. And it willÐ non marketable I.O.Us. Finely, that we includes everybody. We cannot be sat- because the current plan calls for the Census have a system that is not going to be isfied with the census that continues to Bureau to make an unprecedented effort to privitized, but rather a system that al- miss millions of people. But that is ex- count most Americans directly, either through lows forced saving and investment in actly what will happen 2 years from the mail, by telephone, or by going door-to- retirement accounts owned by the now unless we use the best knowledge door to find those people who don't respond. and technology available to fix the This is not a ``sample census'' of ``virtual worker. Let me very briefly describe some of problems of the past. Americans'' as some have claimed. In fact, it the problems in Social Security. Right There is some good news. Some peo- is the most extensive effort to count everyone now, because it is a pay-as-you-go pro- ple have been thinking about this prob- in the history of the census. lem already. In 1992, a bipartisan coali- Every household will receive 4 mailings be- gram, where existing taxpayers pay in tion of representatives pushed legisla- tween the middle of March and the middle of their Social Security tax and imme- tion to ask the National Academy of April. diately that tax is used to pay out ben- Sciences to review the census. They Questionnaires will be available in public efits, to existing retirees. It is sort of a chose the National Academy of places such as libraries, post offices, and pay-as-you-go system, in effect a Ponzi Sciences because the Academy is fair churches. scheme. When we started this program and independent of political influence. People can even call in their responses by in 1935, it was easy to keep the system Using the recommendations from telephone. going because actually at that time the that independent review, the Census The plans for the 2000 census are on solid average age of death at birth was 61 Bureau has developed a comprehensive legal ground, despite the rhetoric. years old. That means most people plan for the 2000 census that will The Department of Justice under the Carter, never reached the age where they produce the most accurate census in Bush, and Clinton administrations has consist- would draw any benefits. They would our Nation’s history. It includes using ently ruled that the Constitution doesn't bar give up what money they and their em- the latest technology, shorter forms, sampling or statistical methods to improve a ployers had put into the system. Over more ways to respond, a paid advertis- good faith effort to count everyone directly. the years since 1935, every time there March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1385 was a little more money coming in Let us pray. Father, in the name of Ms. MCKINNEY led the Pledge of Al- than was necessary to pay out benefits, Jesus, we come before You and claim legiance as follows: politicians in this city made popular Your promise in 2 Chronicles 7:14. ‘‘If I pledge allegiance to the Flag of the decisions to expand the benefits. Every My people, who are called by My name United States of America, and to the Repub- time there was less tax money coming shall humble themselves, pray, seek, lic for which it stands, one nation under God, in than required to pay out those ex- crave, and require of necessity My face indivisible, with liberty and justice for all. panded benefits, Congress and the and turn from their wicked ways, then f President would increase the Social Se- I will hear from heaven, forgive their REMOVAL OF NAME OF MEMBER curity tax on working Americans. Ac- sins, and heal their land.’’ AS COSPONSOR OF H.R. 740 tually since 1971, Social Security, taxes We as a Nation stated in our Declara- on these working Americans, has been tion of Independence through our Mr. SHIMKUS. Mr. Speaker, I ask increased 36 times. More often than Founding Fathers, ‘‘We hold these unanimous consent that my name be once a year since 1971 we have in- truths to be self-evident that all men removed as a cosponsor of H.R. 740. creased the rate or the base on the So- are created equal, that they are en- The SPEAKER pro tempore. Is there cial Security taxes. We started out tax- dowed by their Creator, with certain objection to the gentleman from Illi- ing 1.5 percent on the first $3,500. Now unalienable rights. . . .’’ nois? it is 12.4 percent on the first $68,000. Lord, the fact that our Founding Fa- There was no objection. I would like to suggest as I conclude thers declared that nothing we do, or f this, Mr. Speaker, that Social Security will do, as leaders and citizens of this APPOINTMENT TO NATIONAL SUM- in its current configuration is not a Nation is legal without God being the MIT ON RETIREMENT SAVINGS good investment. The National Tax foundation of this government is sig- Foundation estimates that anybody nificant. We must turn and legitimize The SPEAKER pro tempore. Without that retires after the year 2000 will re- ourselves through repentance so that objection, and pursuant to the provisions of section 517(e)(3) of the Em- ceive back between a negative 1⁄2 per- this Nation can be led into spiritual ployee Retirement Income Security cent and a negative 11⁄2 percent on the and earthly clarity as to why it was money they and their employers put created. We understand that when You, Act, the Chair announces the Speaker’s into Social Security. So if you could as Creator and the Founding Father in appointment of the following partici- take some of this money and allow as creation, created fish, You called them pant on the part of the House to the an option some of the younger workers from water, yet, in order for them to National Summit on Retirement Sav- to invest in any return that is going to live, they have to stay connected to ings to fill the existing vacancy there- be greater than that kind of negative the water. When You called trees and on: return in Social Security, then we are vegetation, You called it from the Mr. Jack Ulrich from Pennsylvania. much better off. ground. And in order for that to live, it There was no objection. I suggest, Mr. Speaker, that it is so had to stay connected to the earth. f vitally important to preserve Social When You created us, You called us out DRUGS ARE A GROWING NA- Security that we forget the rhetoric of You, and we must stay connected to TIONAL CRISIS FOR OUR CHIL- and get down to business. We get down You that we might have life. DREN to the nitty-gritty of the alternatives Therefore, God, allow us, along with of how we are going to make it work. all creation, to reconnect ourselves (Mr. GIBBONS asked and was given I mentioned when we started the pro- into Your Divine, harmonious flow of permission to address the House for 1 gram in 1935 the average age of death life, that we would hear from heaven, minute and to revise and extend his re- was 61. Today the average age of death and our land would be healed. Amen. marks.) at birth is 74 years old for a male, 76 f Mr. GIBBONS. Mr. Speaker, few in years old for a female. But if you are this body would argue that a more wor- THE JOURNAL lucky enough to reach the retirement thy cause for Federal funds exists than age, then on the average you are going The SPEAKER pro tempore. The the fight to keep our Nation’s children to live another 20 years. There are Chair has examined the Journal of the off of drugs. However, a six-year profes- fewer and fewer workers supporting last day’s proceedings and announces sional study released yesterday reveals more and more retirees. Hopefully vot- to the House his approval thereof. that we are not winning the war on ju- ers, Mr. Speaker, will demand of the Pursuant to clause 1, rule I, the Jour- venile drug use. people running for office this fall that nal stands approved. In fact, a dozen other recent studies they have suggestions on how to pro- Mr. SHIMKUS. Mr. Speaker, pursu- have all come to the very same conclu- ceed with this very serious problem of ant to clause 1, rule I, I demand a vote sion, that, overall, America’s efforts keeping Social Security solvent. on agreeing to the Chair’s approval of just do not deliver on its promise to teach kids to resist drugs. f the Journal. The SPEAKER pro tempore. The According to this latest study, last RECESS question is on the Chair’s approval of year alone, hundreds of millions of dol- The SPEAKER pro tempore. Pursu- the Journal. lars were spent on ‘‘feel-good’’ pro- ant to clause 12 of rule I, the Chair de- The question was taken; and the grams that have apparently had little clares the House in recess until 2 p.m. Speaker pro tempore announced that or no effect on our kids. Accordingly (at 1 o’clock and 7 min- the ayes appeared to have it. Mr. Speaker, this is a growing na- utes p.m.), the House stood in recess Mr. SHIMKUS. Mr. Speaker, I object tional crisis that is too important to until 2 p.m. to the vote on the ground that a ignore, too important for our children’s quorum is not present and make the future, and too important for us to fail. f point of order that a quorum is not Mr. Speaker, this is not about laying b 1400 present. blame or pointing fingers, it is about The SPEAKER pro tempore. Pursu- correcting mistakes. The young people AFTER RECESS ant to clause 5, rule I, further proceed- in this country are our future, and it is The recess having expired, the House ings on this question will be postponed. our duty to see that they grow up in a was called to order by the Speaker pro The point of no quorum is considered world free of the scourge of drugs. tempore (Mr. FOLEY) at 2 p.m. withdrawn. f f f BORIS YELTSIN NEEDS PRAYER PLEDGE OF ALLEGIANCE COUNSELING, NOT MONITORING Bishop Eddie L. Long, Senior Pastor, The SPEAKER pro tempore. Will the (Mr. TRAFICANT asked and was New Birth Missionary Baptist Church, gentlewoman from Georgia (Ms. given permission to address the House Decatur, Georgia, offered the following MCKINNEY) come forward and lead the for 1 minute and revise and extend his prayer: House in the Pledge of Allegiance. remarks.) H1386 CONGRESSIONAL RECORD — HOUSE March 24, 1998 Mr. TRAFICANT. Mr. Speaker, in Congress, there were many reasons year of the oceans. Right now, some- 1993, Boris Yeltsin fell off a stage in why I felt I should get involved in the thing more exciting is happening Germany. In 1994, Boris could not get political campaign. One of the main across this country and around the off his plane in Ireland. In 1996, Boris reasons was my concern over the na- world than anything that was ever put came up missing for 7 consecutive tional debt and deficit spending. My on the big screen. That is what is going days, unexplained, before an election. wife and I did not want to see our two on in our classrooms around the United In 1997, he forgot about a meeting with children faced with a mountain of debt States called the Jason project. Vice President AL GORE. Yesterday, he that would eventually destroy their fu- It was started by the man, Bob fired his entire cabinet. The White ture. Ballard, who found the Titanic. He has House says they are monitoring it. Now, just 5 years later, it is with a dedicated his services to science and to Mr. Speaker, is Boris Yeltsin a vic- lot of relief and thankfulness that Con- education where children at this mo- tim of El Nino, too? Let us tell it like gress has been able to balance the Fed- ment are speaking to scientists that it is. This guy is not exactly the head eral budget. But today we are faced are on the floor of the ocean live. of Kiwanis International. Boris Yeltsin with a problem that is even greater and Those scientists are in California and has his shaky little finger on the but- more destructive than runaway debt. Bermuda, and they are talking back ton of one of the world’s most massive My children and the children of this and forth, and students interact with nuclear arsenals. Nation are faced with a society that is it. I say monitor this, Boris Yeltsin does experiencing a moral deficit. Eighty- So in this year, the International not need monitors. Boris Yeltsin needs four percent of the American people Year of the Oceans, we have to cele- Alcoholics Anonymous. I say let us say their biggest concern is the decline brate that. We also celebrate it, be- save our foreign aid and let us send in the traditional moral values. cause it is our own money that Con- some counselors over to take care of Mr. Speaker, if we give our children gress has put into NOAA and put into this guy. I yield back 1 day at a time the richest economy in the world but a the Navy that has helped sponsor this the balance my time. society that is morally bankrupt, what project. This show goes on all week. And if f have we gained? Some would say, but it is the economy, stupid. But I disagree, you are here in the Nation’s capital, THE OVRETTE PROGRAM IN HON- because good economies come and go, visit the National Geographic, where DURAS: A VIOLATION OF HUMAN but for a Nation to survive as history the show is live right now. So the Year RIGHTS has proven over and over again, patri- of the Oceans is get into it. Get into it. (Mr. PITTS asked and was given per- otism, courage, fidelity, honesty, and f mission to address the House for 1 public and personal character must be THE OVERWHELMING TAX BURDEN minute and to revise and extend his re- the foundation on which it stands. (Mr. JONES asked and was given per- marks.) f mission to address the House for 1 Mr. PITTS. Mr. Speaker, I rise today minute.) to share another tragic story of human ELIMINATE THE MARRIAGE PENALTY TAX Mr. JONES. Mr. Speaker, we are now rights violations abroad, this time in just 22 days away from April 15, tax the country of Honduras. (Mr. HEFLEY asked and was given day. As this dreaded day approaches, For more than 34 years and with mil- permission to address the House for 1 now, more than ever, Americans are lions of dollars, women of Honduras minute.) struggling with an unbelievable tax have been victims of an overzealous Mr. HEFLEY. Mr. Speaker, since burden. population control movement. They 1969, the Federal tax code has penalized On top of their already busy daily have been subjected to sterilizations 21 million couples annually, not for routine, the citizens of this Nation are and mass contraceptive pill distribu- getting divorced, not for having chil- having to file through the 8 billion tion without caution or required exams dren out of wedlock, not for shacking pages of forms and instructions that or information, funded entirely by U.S. up, but for getting married. the IRS sends out each year. Laid end taxpayers. When a couple gets married, they are to end, these forms would stretch 28 Mr. Speaker, now we find that these taxed at a higher rate than if they were times around the Earth. Honduran women have been the sub- still single or divorced. The marriage It is past time to reduce this tremen- jects of a human experiment, this time penalty for the average couple is $1,400. dous burden. The American people with the Ovrette contraceptive pill, Now this may not seem like much to want, need, and deserve tax relief. I which has been used without any infor- some, but with an additional $1,400, an hope that people throughout this Na- mation about its potential side effects average couple could pay the electric tion will contact their Representatives to the women taking the pill. bill for 9 months, pay for 3 or 4 months and encourage them to begin a na- Instead of warning women that the of day care, pay for a 5-day vacation at tional debate on how best to create a effects of the pill were undetermined Disneyland, pay four or five payments fairer, simpler tax system for the and that it should not be taken while on their minivan, eat out 35 times, pur- American people. breast-feeding, the USAID-led effort chase 1,053 gallons of gas, and purchase f chose to strongly push the use of the 1,228 loaves of bread. pill among the women. At the same It is immoral that our tax code dis- LIBERALS VERSUS time, the government decided to mon- criminates against marriage. We have CONSERVATIVES itor unsuspecting women to see what a tax code that discourages marriage (Mr. BALLENGER asked and was the effects of Ovrette might be. and encourages divorce. Reforming a given permission to address the House To make matters worse, while this tax code will restore equity by ensur- for 1 minute and to revise and extend was going on, Ovrette was not even ing that working couples are treated his remarks.) registered with the proper authorities, no differently when they get married Mr. BALLENGER. Mr. Speaker, I as is the law. than they were before. often hear from liberals that the labels Mr. Speaker, this would not take f ‘‘liberal’’ and ‘‘conservative’’ do not place in America. It should stop in mean much anymore. I think that is THE JASON PROJECT Honduras. total nonsense. f (Mr. FARR of California asked and One way to distinguish between lib- was given permission to address the erals and conservatives is to look at THE MORAL DEFICIT House for 1 minute and to revise and how a liberal views taxes versus how a (Mr. LEWIS of Kentucky asked and extend his remarks.) conservative does. was given permission to address the Mr. FARR of California. Mr. Speaker, A liberal will do everything in his House for 1 minute and to revise and I stand here before you recognizing power to make it difficult for others to extend his remarks.) that at last night’s Oscars the Titanic become rich. A conservative will do ev- Mr. LEWIS of Kentucky. Mr. Speak- swept away with 11 awards. It is a fit- erything in his power to help others beer, in 1993 when I decided to run for ting occurrence because this is the come rich. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1387 A liberal will vilify the rich. A con- TRAFFIC STOPS STATISTICS cle type, and other factors to identify servative recognizes the benefits to so- STUDY ACT OF 1998 people who police believe are more ciety that the rich provide and the ben- Mr. HYDE. Mr. Speaker, I move to likely to be involved in crimes. efits of having a society where people suspend the rules and pass the bill Profiling is often used to stop those strive to become rich. (H.R. 118) to provide for the collection suspected of crimes without any indi- A liberal believes, apparently, that of data on traffic stops, as amended. cia of criminal activity. However, the rich acquire their wealth at the ex- The Clerk read as follows: there is a growing number of reported pense of the poor. A conservative H.R. 118 incidents and allegations that black knows that Bill Gates and Michael Jor- Be it enacted by the Senate and House of Rep- American males are being stopped for dan achieve riches because they resentatives of the United States of America in no reason. They are merely stopped, produce things that other people value. Congress assembled, not given tickets, not given citations. Our choice is to put obstacles in the SECTION 1. SHORT TITLE. The fourth amendment provides, way of those striving to become rich, This Act may be cited as the ‘‘Traffic Stops ‘‘The right of the people to be secure in or take away people’s incentive to pur- Statistics Study Act of 1998’’. their persons, houses, papers and ef- sue that same course. SEC. 2. ATTORNEY GENERAL TO COLLECT. fects, against unreasonable searches For this American holder of public The Attorney General shall conduct a study and seizures, shall not be violated.’’ office who is proud to call himself a of stops for routine traffic violations by law en- Traffic stops based solely on race are conservative, it is not a difficult forcement officers. Such study shall include col- wrong and must not be tolerated. lection and analysis of appropriate available The study will provide for the collec- choice. data. The study shall include consideration of f the following factors, among others: tion of data that will help determine (1) The number of individuals stopped for rou- whether police are using race as the SMALL BUSINESS PAPERWORK tine traffic violations. predominant reason to stop motorists REDUCTION ACT (2) Identifying characteristics of the individ- of color. The study will include consid- ual stopped, including the race and or ethnicity eration of such factors as the race and (Mrs. LINDA SMITH of Washington as well as the approximate age of that individ- asked and was given permission to ad- age of the individual stopped; the traf- ual. fic infraction alleged to have been com- dress the House for 1 minute.) (3) The traffic infraction alleged to have been Mrs. LINDA SMITH of Washington. committed that led to the stop. mitted that led to the stop, if any; Mr. Speaker, I am often asked what is (4) Whether a search was instituted as a re- whether a search was instituted; the the great secret in Washington State’s sult of the stop. rationale for the search; whether con- (5) How the search was instituted. traband was discovered during the success. Yes, we have beautiful natural (6) The rationale for the search. wonders and thriving high-tech indus- search; whether any warning or cita- (7) Whether any contraband was discovered in tion was issued as a result of the stop; tries, and we are a great place to come the course of the search. and visit. Well, I want to tell my col- (8) The nature of such contraband. and whether an arrest was made as a leagues, even though we are beautiful (9) Whether any warning or citation was result of the stop or search. The study will also report on the ben- in Washington State, it is really the issued as a result of the stop. (10) Whether an arrest was made as a result of eficial efforts of law enforcement de- people. either the stop or the search. partments to fight the war on drugs by Today, I want to tell my colleagues (11) The benefit of traffic stops with regard to recording the approximate quantity of about the people in Washington State the interdiction of drugs and the proceeds of the drugs and the value of drug pro- and what makes our thriving economy drug trafficking, including the approximate ceeds seized on an annual basis as a re- grow: small business owners. Mr. quantity of drugs and value of drug proceeds sult of traffic stops. The Department of Speaker, 63 percent of all businesses in seized on an annual basis as a result of routine Justice will submit the results of the 2- Washington are operated by sole pro- traffic stops. year study to Congress. prietors and 97 percent have less than SEC. 3. LIMITATION ON USE OF DATA. Mr. Speaker, this is a good bill, and 100 employees. These men and women Data acquired under this section shall be used only for research or statistical purposes and I am pleased to support it. provide nearly 60 percent of all jobs in may not contain any information that may re- Mr. Speaker, I reserve the balance of the State, and lead the way in new job veal the identity of any individual who is my time. creation. They are the leaders in our stopped or any law enforcement officer. Data (Mr. CONYERS asked and was given community. acquired under this section shall not be used in permission to revise and extend his re- However, each year, massive any legal or administrative proceeding to establish an inference of discrimination on the basis marks.) amounts of paperwork are stifling their Mr. CONYERS. Mr. Speaker, I yield potential, job growth and productivity. of particular identifying characteristics. SEC. 4. RESULTS OF STUDY. myself such time as I may consume. For firms with fewer than 20 employ- Mr. Speaker, I would like to endorse ees, these firms are paying $2,000 per Not later than 2 years after the date of the enactment of this Act, the Attorney General shall the remarks made by the gentleman year per employee that could go into report the results of the study conducted under from Illinois (Mr. HYDE), the Chairman salaries, jobs and others new sources of this Act to Congress. of the Committee on the Judiciary, income for the communities. The SPEAKER pro tempore. Pursu- about the Traffic Stops Statistics Today, I am proud to cosponsor the ant to the rule, the gentleman from Il- Study Act. I am deeply indebted to him Small Business Paperwork Reduction linois (Mr. HYDE) and the gentleman for moving this bill from the commit- Act, H.R. 3310, and I will be proud to from Michigan (Mr. CONYERS) each will tee to the full House. vote for it this afternoon. control 20 minutes. This is an offense and an activity f The Chair recognizes the gentleman that is very familiar to many people. It from Illinois (Mr. HYDE). is something that has happened to ANNOUNCEMENT BY THE SPEAKER Mr. HYDE. Mr. Speaker, I yield my- more African Americans, particularly PRO TEMPORE self such time as I may consume. males, than I would care to admit The SPEAKER pro tempore (Mr. Mr. Speaker, H.R. 118, the Traffic today on the floor of the House of Rep- FOLEY). Pursuant to the provisions of Stops Statistics Act of 1997, was intro- resentatives. There are very few of us clause 5 of rule I, the Chair announces duced by the ranking minority member in this country who have not been that he will postpone further proceed- of the Committee on the Judiciary, the stopped at one time for an alleged traf- ings today on each motion to suspend gentleman from Michigan (Mr. CON- fic violation that we constituted really the rules on which a recorded vote or YERS). This bill has bipartisan support simple racial harassment. the yeas and nays are ordered, or on and the support of the Department of Mr. Speaker, I say this as a friend of which the vote is objected to under Justice. H.R. 118 will authorize the At- law enforcement, as one who has al- clause 4 of rule XV. torney General to conduct a study of ways received the support and has Such rollcall votes, if postponed, will the reasons why police make routine worked closely with police organiza- be taken after debate has concluded on traffic stops. tions across the country for many all motions to suspend the rules, but Racial profiling is a law enforcement years. Law enforcement officers may not before 5 p.m. today. method that uses race, age, dress, vehi- admit to isolated instances of racially H1388 CONGRESSIONAL RECORD — HOUSE March 24, 1998 targeted police stops, but very few will of antagonizing people, and this treat- I would like to emphasize one or two concede that this harassment is rou- ment must be examined. or three or four different points on this tine, that it happens literally every- b 1430 issue. where; and it is to this complaint that One, let me say, we do not come to this study, this examination of this pe- The measure before us today will not the floor of the House to personalize culiar kind of incident in law enforce- stop or punish the treatment, it will our presentations, but as the mother of ment, is directed. investigate as to whether it in fact a young black boy, and as someone who There have been limited studies that goes on in the proportions that our relates constantly to young African have occurred which have found that as hearings suggest that it does. American teenagers, along with other Unlike police brutality, which fre- many as 72 percent of all routine traf- ethnic groups in my community, this is quently comes to light, these punish- fic stops occur with African-American an issue that has long confronted us, ments are like knife cuts. They are not drivers in a population that we all and one that we have, in some in- reported. There is nothing done with know is not over 15 percent. The coin- stances, accepted and suffered in si- them. They are wounds to the psyche cidence need not to be confirmed. lence. that spread, they never heal, and they In the Ninth Circuit Court of Ap- For every young child is taught to are painful to those that sustain them. peals, we had a case in which the court respect the blue and white, or the men So what we are saying is that this is itself, in 1993, came to a conclusion and women in blue, of the law enforce- not an anti-police piece of legislation, ment officer of your community. We as that we think will be supported by the it is a piece of legislation to determine study that is proposed in the bill before parents still do that. But the tragedy whether a practice that we have long of teaching them that kind of respect us. That was the case of a police officer suspected is still in fact going on. As from Santa Monica who was found to sometimes befalls them in a negative we know here in this Chamber, the Su- way. have violated the rights of 2 African- preme Court has expanded police pow- American men that he stopped and sub- It is not infrequently that I talk to ers by holding that an individual need parents of minority children who are sequently arrested at gunpoint. The not be informed that they have a right case is cited here because it was an ex- fearful of having them drive through- not to consent to a search of their ve- out their community or be in neighbor- ample of how police routinely violate hicles. the constitutional rights of others by hoods where they might be suspected of There is a bit of flux in the law on acting illegally, albeit they are there stopping them without just cause. this subject. So this measure, that au- There must be a cause to stop someone. for legitimate and legal reasons. thorizes the Attorney General to con- Just recently I had a family tell me It cannot be subjective; it cannot be ra- duct a study regarding the race and al- that after they moved into a very cially motivated. There has to be a rea- leged infractions of drivers stopped by prominent neighborhood, and their son. the police, is designed to provide us young male African American son was Now, for those who might say, well, with specific information regarding the going home to his home, that about 10 why do we not just go to court and let extent of the problem, and will provide or so police cars ran up into the drive- the lawsuits flow, the lawsuits cannot information as to the rationale for any way to begin to shine flashlights in his solve this problem. First of all, the in- search made subsequent to a traffic face and wonder why he was sticking a dividual costs that must be borne by stop, and of course, any contraband re- key in the front door. Though this is plaintiffs would, in most cases, be more covered in that search. not a traffic stop, these are incidents than they could bear; and it would also Through this study, I hope we will in- that occur on a regular basis. So this take considerable amounts of time. crease police awareness of the problem study is in fact needed. Last year, in November, the Amer- involved of some few police officers I am delighted that the Attorney ican Civil Liberties Union sought a fine targeting minorities routinely for car General will not isolate the study but for contempt of court against the State searches when there is, indeed, no jus- will study the Nation, for it will re- police near us, the Maryland State po- tification. Perhaps we can discover the spect and respond to the issues dealing lice, arguing that police were still con- extent of the problem, and hopefully with race and ethnicity, particularly in ducting a disproportionate number of reduce the number of discriminatory, groups of Asians, African Americans, searches of cars driven by African inappropriate traffic stops by police of- and Hispanics, those who are traveling Americans 2 years after they had ficers made based on the color of the in modern cars and those whose cars agreed to stop that practice as a result skin of the motorist. may not look too recent. of a 1992 lawsuit. In other words, they Because the study proposed by this It is important to find out whether were violating the agreement. legislation presents a reasonable way the traffic infraction alleged to have The State police statistics show that of dealing with an issue I have been been committed was committed and 73 percent of the cars stopped and hearing complaints about throughout what was it that led to a stop; whether searched on interstate I–95 a few blocks my service in the Congress, I deeply ap- a search was instituted as a result of from here, between Baltimore and preciate my colleagues on the Commit- the stop; how the search was insti- Delaware, since January of 1995, were tee on the Judiciary and our chairman tuted; the rationale for the search; conducted on the cars of African Amer- for bringing this measure to the floor, whether any warning or citation was icans, despite the fact that only 14 per- and I urge that we support the bill. issued as a result of the stop; and cent of those driving along that part of Mr. Speaker, I yield such time as she whether an arrest was made as a result the freeway were African Americans. may consume to the gentlewoman from of either the stop or the search. Moreover, there was nothing found in Texas (Ms. SHEILA JACKSON-LEE). It is important to emphasize again 70 percent of those searches. (Ms. JACKSON-LEE of Texas asked that although African Americans make Mr. Speaker, this and other evidence and was given permission to revise and up between 12 and 14 percent, they suggests that African Americans are extend her remarks.) make up 72 percent of all routine traf- routinely being stopped by law enforce- Ms. JACKSON-LEE of Texas. Mr. fic stops. This study will help us deter- ment simply because of the color of Speaker, I thank the gentleman from mine what occurs in the Asian commu- their skin, and it is precisely this sort Michigan (Mr. CONYERS) for yielding nity, or what occurs to the new immi- of unfair treatment that leads many time to me. I thank the gentleman for grants in the Vietnamese community, people to distrust the criminal justice his leadership on this bill. what occurs in the Hispanic commu- system. If we expect everyone to abide Mr. Speaker, I do appreciate the gen- nity, in all parts of our country. by the rules, and we do, we must ensure tleman from Illinois (Mr. HYDE) for the Just a few doors away from this that those rules are applied equally to expeditious manner in which this legis- House we can find examples of mis- everybody, and they are frequently lation came to the floor, and the gen- treatment of those who are African not. tleman from Florida (Mr. CANADY) as American and minorities. Robert Wil- In many ways, this sort of harass- well for consenting and working with kins is a Harvard Law School graduate, ment is even more serious than police the ranking member in realizing the a public defender here in the District of brutality itself. Not to minimize police importance of the information that we Columbia. Mr. Wilkins is also an Afri- brutality, but these are insidious ways are trying to secure. can American. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1389 In May, 1992, Mr. Wilkins went to a forcement officers. The study is to include in bringing this legislation before us today. I family funeral with his aunt, uncle, consideration of such factors as: (1) the race urge my colleagues to cast a vote today for and cousin. A State trooper stopped and ethnicity of the individual stopped; (2) the fairness and justice and to vote in support of Mr. Wilkins for doing 60 miles per hour traffic infraction alleged to have been commit- H.R. 118, the ``Traffic Stops Statistics Act.'' on the interstate, well under the speed ted that led to the stop; (3) whether a search Mr. Speaker, I ask my colleagues to limit, and based upon this grave crime, was instituted as a result of the stop; (4) how vote for this legislation. ordered all the family members out of the search was instituted; (5) the rationale for Mr. CONYERS. Mr. Speaker, I have the car so he could search for drugs. In the search; (6) whether any warning or citation no further requests for time, and I this time of grief and tragedy, they had was issued as a result of the stop; and (7) yield back the balance of my time. to be disturbed with this kind of treat- whether an arrest was made as a result of ei- f ment. Of course, no drugs were found. ther the stop or the search. The State trooper in the case claimed The need for such a study becomes readily GENERAL LEAVE the rented Cadillac the family was apparent when we review the few, limited Mr. HYDE. Mr. Speaker, I ask unani- driving made him think them sus- studies already conducted in this area. Those mous consent that all Members may picious, as well as the fact that Mr. studies reveal that although African Americans have 5 legislative days within which to Wilkins appeared nervous when make up only 14 percent of the population, revise and extend their remarks on the stopped. Are we to believe that being they account for 72 percent of all routine traffic bill under consideration. nervous when pulled over by a State stops. To make matters worse, far more The SPEAKER pro tempore (Mr. trooper is cause to suspect that a re- blacks stopped for traffic violations are subject FOLEY). Is there objection to the respected attorney returning from a fam- to car searches than comparable whites. The quest of the gentleman from Illinois? ily funeral is a drug trafficker? Are we numbers are so out of line that coincidence is There was no objection. to believe that the race of the Wilkins impossible. Mr. HYDE. Mr. Speaker, I have no family was not the reason that he and For an example of the arbitrary and discrimi- further requests for time, and I yield his family were ordered out of their ve- natory treatment of African Americans on our back the balance of my time. hicle on a busy highway? nation's roadways, we need not look far be- The SPEAKER pro tempore. The Under the Fourth Amendment, a law yond the Beltway. Robert Wilkins is a Harvard question is on the motion offered by enforcement official must have reason- Law School graduateÐa public defender here the gentleman from Illinois (Mr. HYDE) able grounds to suspect illegal activity in the District of Columbia. Mr. Wilkins is also that the House suspend the rules and before searching a car during a routine African-American. In May 1992, Mr. Wilkins pass the bill, H.R. 118, as amended. traffic stop. The dislike or suspicion of went to a family funeral with his aunt, uncle, The question was taken; and (two- a person’s race does not constitute rea- and cousin. A state trooper stopped Mr. Wil- thirds having voted in favor thereof) sonable grounds. kins for doing 60 miles per hour on the inter- the rules were suspended and the bill, Again, reemphasizing the point made state, and based upon this grave crime or- as amended, was passed. by the gentleman from Michigan (Mr. dered all the family members out of the car so A motion to reconsider was laid on CONYERS), how interesting it is that he could search for drugs. Of course, no the table. even after getting an agreement drugs were found. The state trooper in this f through the ACLU, we find some 2 case claimed the rented Cadillac the family years later that these stoppings of indi- was driving made him suspicious, as did the ARLINGTON NATIONAL CEMETERY viduals of African American heritage fact that Mr. Wilkins appeared nervous when BURIAL ELIGIBILITY ACT are still occurring. stopped. Are we to believe that being nervous Mr. STUMP. Mr. Speaker, I move to In fact, despite the agreement that when pulled over by a state trooper is cause suspend the rules and pass the bill was gotten by the ACLU, we find that to suspect that a respected attorney returning (H.R. 3211) to amend title 38, United State police statistics show that 73 per- from a family funeral is a drug trafficker? Are States Code, to enact into law eligi- cent of cars stopped and searched on I– we to believe that the race of the Wilkins fam- bility requirements for burial in Ar- 95 between Baltimore and Delaware ily was not the reason he and his family were lington National Cemetery, and for since 1995 were those of African Ameri- ordered out of their vehicle on a busy high- other purposes, as amended. cans, again, despite the fact that only way? Under the Fourth Amendment, a law en- The Clerk read as follows: 14 percent of those driving along that forcement official must have reasonable H.R. 3211 stretch were African Americans. grounds to suspect illegal activity before Be it enacted by the Senate and House of Rep- This is a piece of legislation that is searching a car during a routine traffic stop. resentatives of the United States of America in long overdue, and its emphasis should The dislike or suspicion of a person's race Congress assembled, not detract from the fact that its im- does not constitute reasonable grounds. SECTION 1. SHORT TITLE. portance is the right of the protection In November 1996, the ACLU sought a fine This Act may be cited as the ‘‘Arlington of the Constitution and the Bill of for contempt of court against the Maryland National Cemetery Burial Eligibility Act’’. Rights. It is the protection of those State Police, arguing that police were still con- SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN AR- constitutional provisions that will ducting a disproportionate number of drug LINGTON NATIONAL CEMETERY. apply to all citizens. searches of cars driven by African Americans (a) IN GENERAL.—Chapter 24 of title 38, We are long overdue in trying to find almost two years after agreeing to remedy United States Code, is amended by adding at out why we have this kind of disparate these practices as a result of a 1992 lawsuit. the end the following new section: treatment, why many of us as parents Despite the agreement, state police statistics ‘‘§ 2412. Arlington National Cemetery: persons of African American children are fear- show that 73 percent of cars stopped and eligible for burial ful of sending our young people out on searched on I±95 between Baltimore and ‘‘(a) PRIMARY ELIGIBILITY.—The remains of the freeways and highways of America. Delaware since January, 1995 were those of the following individuals may be buried in If this is to be a country for all people, African Americans, despite the fact that only Arlington National Cemetery: then the laws must treat everyone fair- ‘‘(1) Any member of the Armed Forces who 14 percent of persons driving on that stretch dies while on active duty. ly. I appreciate very much the efforts of road were black. Police found absolutely ‘‘(2) Any retired member of the Armed of the gentleman from Michigan (Mr. nothing in 70 percent of those searches. Forces and any person who served on active CONYERS) and the gentleman from Illi- The Traffic Stops Statistics Act study will duty and at the time of death was entitled nois (Mr. HYDE) for this legislation. discourage law enforcement officers from such (or but for age would have been entitled) to Mr. Speaker, I rise today in strong support discriminatory treatment of minorities by dis- retired pay under chapter 1223 of title 10. of Congressman CONYER's H.R. 118, the couraging the use of race as the primary fac- ‘‘(3) Any former member of the Armed ``Traffic Stops Statistics Act of 1997.'' This leg- tor in making determinations as to whe4ther or Forces separated for physical disability be- islation is an important step towards address- not to institute a car search. It will also provide fore October 1, 1949, who— ‘‘(A) served on active duty; and ing the discrimination faced by minorities on statistical data as to the nature and extent of ‘‘(B) would have been eligible for retire- our nation's roadways. the problem of African Americans being tar- ment under the provisions of section 1201 of The Traffic Stops Statistics Act authorizes geted for traffic stops. title 10 (relating to retirement for disability) the Attorney General to conduct a study of I want to commend Mr. CONYERS and his had that section been in effect on the date of stops for routine traffic violations by law en- staff for their determination and tireless work separation of the member. H1390 CONGRESSIONAL RECORD — HOUSE March 24, 1998 ‘‘(4) Any former member of the Armed for burial of remains in Arlington National ‘‘(1) A person eligible for burial in Arling- Forces whose last active duty military serv- Cemetery prescribed under this section is the ton National Cemetery under section 2412 of ice terminated honorably and who has been exclusive eligibility for such burial. this title. awarded one of the following decorations: ‘‘(g) APPLICATION FOR BURIAL.—A request ‘‘(2)(A) A veteran whose last period of ac- ‘‘(A) Medal of Honor. for burial of remains of an individual in Ar- tive duty service (other than active duty for ‘‘(B) Distinguished Service Cross, Air lington National Cemetery made before the training) ended honorably. Force Cross, or Navy Cross. death of the individual may not be consid- ‘‘(B) The spouse, surviving spouse, minor ‘‘(C) Distinguished Service Medal. ered by the Secretary of the Army or any child, and, at the discretion of the Super- ‘‘(D) Silver Star. other responsible official. intendent of Arlington National Cemetery, ‘‘(E) Purple Heart. ‘‘(h) REGISTER OF BURIED INDIVIDUALS.—(1) unmarried adult child of such a veteran. ‘‘(5) Any former prisoner of war who dies The Secretary of the Army shall maintain a ‘‘(b) SPOUSE.—Section 2412(c) of this title on or after November 30, 1993. register of each individual buried in Arling- shall apply to a spouse under this section in ‘‘(6) The President or any former Presi- ton National Cemetery and shall make such the same manner as it applies to a spouse dent. register available to the public. under section 2412.’’. ‘‘(b) ELIGIBILITY OF FAMILY MEMBERS.—The ‘‘(2) With respect to each such individual (b) CLERICAL AMENDMENT.—The table of remains of the following individuals may be buried on or after January 1, 1998, the reg- sections at the beginning of chapter 24 of buried in Arlington National Cemetery: ister shall include a brief description of the title 38, United States Code, is amended by ‘‘(1) The spouse, surviving spouse, minor basis of eligibility of the individual for bur- adding after section 2412, as added by section child, and, at the discretion of the Super- ial in Arlington National Cemetery. 2(c) of this Act, the following new item: intendent, unmarried adult child of a person ‘‘(i) DEFINITIONS.—For purposes of this sec- ‘‘2413. Arlington National Cemetery: persons listed in subsection (a), but only if buried in tion: eligible for placement in col- the same gravesite as that person. ‘‘(1) The term ‘retired member of the umbarium.’’. Armed Forces’ means— ‘‘(2)(A) The spouse, minor child, and, at the (c) EFFECTIVE DATE.—Section 2413 of title ‘‘(A) any member of the Armed Forces on discretion of the Superintendent, unmarried 38, United States Code, as added by sub- a retired list who served on active duty and adult child of a member of the Armed Forces section (a), shall apply with respect to indi- who is entitled to retired pay; on active duty if such spouse, minor child, or viduals dying on or after the date of the en- unmarried adult child dies while such mem- ‘‘(B) any member of the Fleet Reserve or actment of this Act. Fleet Marine Corps Reserve who served on ber is on active duty. SEC. 4. MONUMENTS IN ARLINGTON NATIONAL ‘‘(B) The individual whose spouse, minor active duty and who is entitled to retainer CEMETERY. child, and unmarried adult child is eligible pay; and (a) IN GENERAL.—Chapter 24 of title 38, under subparagraph (A), but only if buried in ‘‘(C) any member of a reserve component of United States Code, is amended by adding the same gravesite as the spouse, minor the Armed Forces who has served on active after section 2413, as added by section 3(a) of child, or unmarried adult child. duty and who has received notice from the this Act, the following new section: Secretary concerned under section 12731(d) of ‘‘(3) The parents of a minor child or unmar- ‘‘§ 2414. Arlington National Cemetery: author- title 10, of eligibility for retired pay under ried adult child whose remains, based on the ized headstones, markers, and monuments eligibility of a parent, are already buried in chapter 1223 of title 10. ‘‘(a) GRAVESITE MARKERS PROVIDED BY THE Arlington National Cemetery, but only if ‘‘(2) The term ‘former member of the SECRETARY.—A gravesite in Arlington Na- buried in the same gravesite as that minor Armed Forces’ includes a person whose serv- tional Cemetery shall be appropriately child or unmarried adult child. ice is considered active duty service pursu- marked in accordance with section 2404 of ‘‘(4)(A) Subject to subparagraph (B), the ant to a determination of the Secretary of this title. surviving spouse, minor child, and, at the Defense under section 401 of Public Law 95- ‘‘(b) GRAVESITE MARKERS PROVIDED AT PRI- discretion of the Superintendent, unmarried 202 (38 U.S.C. 106 note). VATE EXPENSE.—(1) The Secretary of the adult child of a member of the Armed Forces ‘‘(3) The term ‘Superintendent’ means the Army shall prescribe regulations for the pro- who was lost, buried at sea, or officially de- Superintendent of Arlington National Ceme- vision of headstones or markers to mark a termined to be permanently absent in a sta- tery.’’. gravesite at private expense in lieu of tus of missing or missing in action. (b) PUBLICATION OF UPDATED PAMPHLET.— headstones and markers provided by the Sec- ‘‘(B) A person is not eligible under subpara- Not later than 180 days after the date of the retary of Veterans Affairs in Arlington Na- graph (A) if a memorial to honor the mem- enactment of this Act, the Secretary of the tional Cemetery. ory of the member is placed in a cemetery in Army shall publish an updated pamphlet de- ‘‘(2) Such regulations shall ensure that— the national cemetery system, unless the scribing eligibility for burial in Arlington ‘‘(A) such headstones or markers are of memorial is removed. A memorial removed National Cemetery. The pamphlet shall re- simple design, dignified, and appropriate to a flect the provisions of section 2412 of title 38, under this subparagraph may be placed, at military cemetery; United States Code, as added by subsection the discretion of the Superintendent, in Ar- ‘‘(B) the person providing such headstone (a). lington National Cemetery. or marker provides for the future mainte- ‘‘(5) The surviving spouse, minor child, (c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 24 of nance of the headstone or marker in the and, at the discretion of the Superintendent, event repairs are necessary; unmarried adult child of a member of the title 38, United States Code, is amended by adding at the end the following new item: ‘‘(C) the Secretary of the Army shall not Armed Forces buried in a cemetery under be liable for maintenance of or damage to ‘‘2412. Arlington National Cemetery: persons the jurisdiction of the American Battle the headstone or marker; eligible for burial.’’. Monuments Commission. ‘‘(D) such headstones or markers are aes- ‘‘(c) SPOUSES.—For purposes of subsection (d) TECHNICAL AMENDMENTS.—Section thetically compatible with Arlington Na- (b)(1), a surviving spouse of a person whose 2402(7) of title 38, United States Code, is tional Cemetery; and remains are buried in Arlington National amended— ‘‘(E) such headstones or markers are per- Cemetery by reason of eligibility under sub- (1) by inserting ‘‘(or but for age would have section (a), who has remarried is eligible for mitted only in sections of Arlington Na- been entitled)’’ after ‘‘was entitled’’; tional Cemetery authorized for such burial in the same gravesite of that person. (2) by striking out ‘‘chapter 67’’ and insert- The spouse of the surviving spouse is not eli- headstones or markers as of January 1, 1947. ing in lieu thereof ‘‘chapter 1223’’; and ‘‘(c) MONUMENTS.—(1) No monument (or gible for burial in such gravesite. (3) by striking out ‘‘or would have been en- ‘‘(d) DISABLED ADULT UNMARRIED CHIL- similar structure as determined by the Sec- titled to’’ and all that follows and inserting DREN.—In the case of an unmarried adult retary of the Army in regulations) may be in lieu thereof a period. child who is incapable of self-support up to placed in Arlington National Cemetery ex- (e) EFFECTIVE DATE.—Section 2412 of title cept pursuant to the provisions of this sub- the time of death because of a physical or 38, United States Code, as added by sub- mental condition, the child may be buried section. section (a), shall apply with respect to indi- ‘‘(2) A monument may be placed in Arling- under subsection (b) without requirement for viduals dying on or after the date of the en- approval by the Superintendent under that ton National Cemetery if the monument actment of this Act. subsection if the burial is in the same commemorates— gravesite as the gravesite in which the par- SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN ‘‘(A) the service in the Armed Forces of the THE COLUMBARIUM IN ARLINGTON individual, or group of individuals, whose ent, who is eligible for burial under sub- NATIONAL CEMETERY. section (a), has been or will be buried. memory is to be honored by the monument; (a) IN GENERAL.—Chapter 24 of title 38, or ‘‘(e) FAMILY MEMBERS OF PERSONS BURIED United States Code, is amended by adding IN A GROUP GRAVESITE.—In the case of a per- ‘‘(B) a particular military event. after section 2412, as added by section 2(a) of son eligible for burial under subsection (a) ‘‘(3) No monument may be placed in Ar- this Act, the following new section: who is buried in Arlington National Ceme- lington National Cemetery until the end of tery as part of a group burial, the surviving ‘‘§ 2413. Arlington National Cemetery: persons the 25-year period beginning— spouse, minor child, or unmarried adult child eligible for placement in columbarium ‘‘(A) in the case of commemoration of serv- of the member may not be buried in the ‘‘(a) ELIGIBILITY.—The cremated remains of ice under paragraph (1)(A), on the last day of group gravesite. the following individuals may be placed in the period of service so commemorated; and ‘‘(f) EXCLUSIVE AUTHORITY FOR BURIAL IN the columbarium in Arlington National ‘‘(B) in the case of commemoration of a ARLINGTON NATIONAL CEMETERY.—Eligibility Cemetery: particular military event under paragraph March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1391 (1)(B), on the last day of the period of the Second, the bill would eliminate I salute the gentleman from Arizona event. automatic eligibility for Members of (Mr. STUMP), Mr. Speaker, for his work ‘‘(4) A monument may be placed only in Congress and other Federal officials on getting this bill here today. those sections of Arlington National Ceme- who do not meet all of the military cri- The bill we are bringing to this Con- tery designated by the Secretary of the Army for such placement.’’. teria required for other veterans. Cur- gress today will honor the commit- (b) CLERICAL AMENDMENT.—The table of rently, these so-called ‘‘high Federal ments that so many veterans have sections at the beginning of chapter 24 of officials’’ are eligible simply by being made to this country. I urge my col- title 38, United States Code, is amended by veterans. The President, as Com- leagues to support the bill, H.R. 3211. adding after section 2413, as added by section mander in Chief of the Armed Forces, Mr. Speaker, I reserve the balance of 3(b) of this Act, the following new item: would be the only official whose eligi- my time. ‘‘2414. Arlington National Cemetery: author- bility would be retained under the bill. Mr. STUMP. Mr. Speaker, I yield 2 ized headstones, markers, and Third, the bill requires that in the fu- minutes to the gentleman from Ala- monuments.’’. ture, memorials and markers erected bama (Mr. EVERETT), who is chairman (c) EFFECTIVE DATE.—The amendment in the cemetery must commemorate of our Subcommittee on Oversight and made by subsection (a) shall apply with re- service in the armed services. Investigations. spect to headstones, markers, or monuments Mr. Speaker, I reserve the balance of b placed in Arlington National Cemetery on or my time. 1445 after the date of the enactment of this Act. Mr. EVANS. Mr. Speaker, I yield my- Mr. EVERETT. Mr. Speaker, if the SEC. 5. PUBLICATION OF REGULATIONS. self such time as I may consume. recent Veterans’ Affairs subcommittee Not later than one year after the date of Mr. Speaker, I am very proud to join the enactment of this Act, the Secretary of hearings on Arlington National Ceme- the Army shall publish in the Federal Reg- the gentleman from Arizona (Mr. tery have demonstrated anything, it is ister any regulation proposed by the Sec- STUMP) in introducing H.R. 3211, the the special reverence with which Amer- retary under this Act. Arlington National Cemetery Burial icans regard Arlington as a national The SPEAKER pro tempore. Pursu- Eligibility Act. shrine to honor our military heroes, The GAO has told us that the eligi- ant to the rule, the gentleman from Ar- many of whom were ordinary people bility requirements for burial at the izona (Mr. STUMP) and the gentleman who were extraordinary in their de- cemetery needs clarification, and that from Illinois (Mr. EVANS) each will con- fense of our liberties. The only objec- the standards for waivers have been in- trol 20 minutes. tive of our work has been to ensure the consistently applied over several years. The Chair recognizes the gentleman integrity of that hallowed place. The bill we are considering today di- Although the committee’s active in- from Arizona (Mr. STUMP). rectly addresses those concerns. It (Mr. STUMP asked and was given terest in Arlington preceded the burial writes into law the eligibility rules for permission to revise and extend his re- waivers investigation by the Sub- burial at Arlington, allows for the bur- marks.) committee on Oversight and Investiga- ial of the close family members of per- tions, which I chaired, the subcommit- GENERAL LEAVE sons whose military service has quali- tee took a thorough look at Arlington Mr. STUMP. Mr. Speaker, I ask fied them for burial at Arlington, and and identified serious problems with unanimous consent that all Members virtually eliminates the possibility the waivers and laid much of the foun- may have 5 legislative days within that waivers shall be granted in the fu- dation of H.R. 3211. which to revise and extend their re- ture to persons who do not otherwise Mr. Speaker, I am proud to join the marks and include extraneous material meet the eligibility criteria for burial gentleman from Arizona (Mr. STUMP), on H.R. 3211. there. The SPEAKER pro tempore. Is there As an enlisted in the United States our full committee chairman, and objection to the request of the gen- Marine Corps and a member of the many of our colleagues in this biparti- tleman from Arizona? Committee on Veterans’ Affairs since I san legislation to codify and reform Ar- There was no objection. came to Congress, I know that the lington eligibility. With the assistance Mr. STUMP. Mr. Speaker, I yield my- cemetery is truly sacred ground, espe- of the General Accounting Office re- self such time as I may consume. cially for our Nation’s veteran popu- view of burial waivers at Arlington, the Mr. Speaker, H.R. 3211, the Arlington lation. That is why I was extremely Subcommittee on Oversight and Inves- National Cemetery Burial Eligibility concerned by reports that waivers for tigations found that the waiver process Act, is an important bill that is strong- burial at the cemetery were being and criteria were unpublished; informa- ly supported by veterans and their granted in exchange for major political tion about waivers has often not been service organizations. contributions. available to the general public; the The lion’s share of credit for setting As everyone should know by now, waiver process has lacked clear and the stage for this bill goes to the gen- those reports turned out to be untrue, consistent criteria, and to the extent it tleman from Alabama (Mr. TERRY and without any substantiation what- had criteria, it was never followed; de- EVERETT), chairman of the Subcommit- soever. But while the GAO expedited cisions themselves have sometimes tee on Oversight and Investigations. review found ‘‘no evidence’’ of waivers been inconsistent and not clearly docu- His investigation of the waiver process for contributions, it did highlight some mented; and worst of all, in large part in Arlington National Cemetery has re- of the serious flaws in the existing because of the lack of openness and sulted in bipartisan support for H.R. process for burials at the cemetery. definition, the waiver process has been 3211. The bill that the gentleman from Ar- open to insider political influence, In concert with his ranking member, izona (Mr. STUMP), our chairman, and I string-pulling and favoritism. the gentleman from South Carolina have put together addresses those con- While nothing is perfect, Arlington’s (Mr. JIM CLYBURN), the subcommittee cerns. It removes most of the discre- system of burial waivers has proved to tackled some very difficult issues in a tion, ambiguity and guesswork from fall far short of the openness that vet- comprehensive and professional man- the eligibility process for burials at the erans and the public deserve. I believe ner. The bill codifies many of the cur- cemetery, and it makes it easier for that there is widespread agreement rent regulations of eligibility for burial the public to understand the require- that legislative steps are necessary to in the cemetery and placement in the ments for burial at the cemetery. correct these serious problems our in- Columbarium. Before I conclude my remarks, Mr. vestigation has identified. However, the bill departs from cur- Speaker, I want to take a moment to As H.R. 3211 moves along and encoun- rent practice in the following ways: thank the gentleman from Arizona ters the vagaries of all legislation, we One, no waivers to the military serv- (Chairman STUMP). His focus has been should maintain the bill’s objectives of ice requirements for a burial would be on policy over politics. He has worked establishing clear-cut eligibility and allowed for anyone. Family members of through this entire process, working preserving the military character of eligible veterans would be the only with virtually every member of the Arlington. nonveterans allowed to be buried, and committee, and has extended great co- Mr. Speaker, I want to commend the they would be in the same gravesite as operation to me as the leading Demo- gentleman from Arizona (Mr. STUMP) the eligible veteran. crat on the committee. for his leadership on Arlington burial H1392 CONGRESSIONAL RECORD — HOUSE March 24, 1998 eligibility and for moving this very im- ling that we as a Nation feel we must Still, any honorably discharged vet- portant legislation. I also want to com- honor these individuals with burial in eran is always eligible to have their mend the gentleman from Illinois (Mr. Arlington National Cemetery. cremated remains displayed there. EVANS), our ranking Democrat, the I am certain that a very tight, very That is, any honorably discharged vet- gentleman from New York (Mr. QUINN), disciplined, and very public process can eran. chairman of the Subcommittee on Ben- be designed that would protect and en- Mr. Speaker, I urge everyone in the efits, the gentleman from California sure the integrity of the hallowed House to support this bill and, when (Mr. FILNER), that subcommittee’s ground of Arlington, but that would they get a chance, to go out to Arling- ranking Democrat, and the gentleman also enable Americans to demonstrate ton again, if they have not been there from South Carolina (Mr. CLYBURN), their deep respect and appreciation for before, and walk among the ranking Democrat on my subcommit- the lives and contributions of our most headstones, as Chairman STUMP and I tee. brilliant and beloved countrymen and did just the other today. I believe they They have worked long and hard on H.R. women. Although this issue was raised will thank themselves for voting to 3211. too late in the process for the commit- protect that national shrine and for Mr. Speaker, I urge my colleagues to ap- tee to address it, I look forward to keeping it open exclusively for those prove this timely measure to protect the integ- working with Members of the other brave men and women who above all rity and honor of Arlington National Cemetery. body to further improve a very good else deserve it. Mr. EVANS. Mr. Speaker, I yield 4 bill. Mr. EVANS. Mr. Speaker, I yield 3 minutes to the gentleman from Califor- Mr. Speaker, I urge support of H.R. minutes to the gentleman from Wis- nia (Mr. FILNER). 3211. consin (Mr. KLECZKA). Mr. FILNER. Mr. Speaker, I thank Mr. STUMP. Mr. Speaker, I yield 3 Mr. KLECZKA. Mr. Speaker, I also the gentleman from Illinois (Mr. minutes to the distinguished gen- rise in support of H.R. 3211. Earlier this EVANS), for yielding me this time, and tleman from New York (Mr. SOLOMON), year, in response to public concern I thank the gentleman from Arizona chairman of the Committee on Rules, a with the number of burial waivers (Mr. STUMP), our chairman, for bring- great supporter of veterans and this granted at Arlington National Ceme- ing this bill to the floor so quickly. committee. tery, I introduced the Arlington Na- Mr. Speaker, I too am a strong pro- Mr. SOLOMON. Mr. Speaker, I thank tional Cemetery Integrity Act to clar- ponent of the bill before us, H.R. 3211. the gentleman from Arizona (Mr. ify once and for all who can and who The Subcommittee on Benefits held a STUMP) for taking me out of order so I cannot be buried there. hearing on this measure on February can get back to a meeting of the Com- Because this is the last honor the 24, and all of our witnesses were sup- mittee on Rules and expedite the legis- United States can bestow upon our vet- portive of this bill. lation for the next 2 weeks. erans who sacrificed for our freedoms, I After all that has been said and writ- Mr. Speaker, I do rise in strong sup- was pleased that the gentleman from ten in recent months about Arlington port of this legislation to protect our Arizona (Mr. STUMP), chairman, and National Cemetery, we all agreed that most sacred national cemetery, and to the gentleman from Illinois (Mr. Arlington’s burial eligibility require- commend the gentleman from Arizona EVANS), ranking member of the Com- ments needed to be clarified, codified, (Mr. STUMP), my very good friend and mittee on Veterans’ Affairs, introduced and refined and this is exactly what chairman of the Committee on Veter- this bill which is similar to the one H.R. 3211 will do. ans’ Affairs, the gentleman from Illi- that I have introduced. Under both of I am very proud that the members of nois (Mr. EVANS), and certainly the these proposals, current burial guide- our committee came together in a bi- gentleman from Alabama (Mr. EVER- lines would be put into law and waivers partisan fashion to introduce respon- ETT) as well as the gentleman from would be eliminated. sible and evenhanded legislation that New York (Mr. QUINN) sitting next to Mr. Speaker, we must preserve the will maintain the honor and dignity of me, all of whom have done such a great integrity and true meaning of this final Arlington’s sacred ground. This matter job bringing this bill to the floor. tribute to our soldiers. H.R. 3211 will is too important to us as a Nation, a As a cosponsor of this legislation, I accomplish this goal. I urge my col- Nation that deeply respects its mili- am proud that today the House is tak- leagues to support this important leg- tary dead, for it to be manipulated. ing this decisive step to protect the islation and again commend the Com- I know that all of my colleagues were sanctity and integrity of Arlington mittee on Veterans’ Affairs for its comforted, as I was, by the results of Cemetery. Arlington Cemetery is a swift action on this piece of legisla- the GAO investigation which found no place that has become synonymous tion. evidence that political contributions with valor, courage, and honor that is Mr. STUMP. Mr. Speaker, I yield 2 played a role in waiver decisions. This second to none. It is rightfully a place minutes to the gentleman from New is not to say that the Arlington waiver to be revered as more than a grave- York (Mr. QUINN), chairman of our Sub- process does not need revision and clar- yard, but as a resting place and as a committee on Benefits. ification. The process needs to be re- lasting monument to heroes, real Mr. QUINN. Mr. Speaker, I too would worked, and H.R. 3211 will satisfy the American heroes, Mr. Speaker, to like to support H.R. 3211. We have concerns that many of us have had whom all of us owe our freedoms. And talked about its intention to bring about burial eligibility at Arlington that means that the very least that we order to the process of being buried at National Cemetery. can do is to remove the potential for Arlington National Cemetery. We all I do believe, however, Mr. Speaker, dishonoring that shrine with politics. know that the bill would codify, with that the bill we are considering today This bill does just that by removing exceptions that have been discussed can be and should be improved. As re- virtually all discretion and all waivers today, existing regulatory eligibility ported by the committee, H.R. 3211 infor burials at Arlington. In other criteria for burial at Arlington Na- cludes no mechanism by which individ- words, Mr. Speaker, either individuals tional Cemetery. Other than persons uals who perform extraordinary acts in qualify or they do not, and that is the specifically enumerated in the bill, no service to the United States can be rec- way it should be. That goes for Mem- other person could be buried in Arling- ognized and be buried in Arlington. But bers of Congress, for Vice Presidents, ton. In general, we have discussed who common sense and historical evidence for Cabinet members, Court Justices those persons would include. Those makes it clear to me that there must and anyone else. If the person was not could include members of the Armed be some procedure in place to permit killed while serving this country in Forces who die in active duty, retired burial of those rare and unusual indi- uniform, was not a decorated veteran, members of the Armed Forces, includ- viduals whose military service alone a former prisoner of war, a military re- ing Reservists who have served on ac- does not meet the specific criteria in- tiree or a spouse or child of such quali- tive duty, former members of the cluded in H.R. 3211, but whose life ac- fied veterans that will be buried there, Armed Services who have been awarded complishments following their service there is no room for burial at Arling- the Medal of Honor, Distinguished in America’s Armed Forces are so re- ton. And again that is the way it Service Cross, Air Force Cross, or Navy markable and distinctive and compel- should be. Cross, Distinguished Service Medal, March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1393 Silver Star or Purple Heart, former As the oversight of the Committee on literally border the Pentagon. And in- prisoners of war, President or any Veterans’ Affairs has shown, the prac- deed decisions made there and deci- former President, Members of the tice of entertaining requests for waiv- sions made here to send American citi- Guard and Reserves who have served on ers and exceptions at Arlington has zens into harm’s way must always be active duty and are eligible for retire- opened a door to inconsistency and carried out with the utmost sobriety ment but have not yet retired, the subjectivity. I hardly need to remind and seriousness, because, as General spouse, surviving spouse, minor child Members of the stains such practices MacArthur pointed out, ‘‘The soldier and, at the discretion of the super- have created. personally loathes war the most, for it intendent, all of those unmarried adult The bill would close the door to ex- is the soldier who quite literally has children, A through F, as we have said. ceptions and restore a sense of honor to the most to lose.’’ Mr. Speaker, what I wanted to do is administration of this precious, pre- Mr. Speaker, as constituents of mine to thank the people on our committee cious site. Burial at Arlington should in the Sixth District of Arizona reacted on both sides of the aisle, both the gen- be reserved to those with distinguished with surprise and outrage, and Mr. tleman from Arizona (Mr. STUMP) and military service. This bill would crys- Speaker, I do not think those terms are the gentleman from Illinois (Mr. tallize that policy. This bill codifies too strong to use, as revelations came EVANS), ranking member, as well as the key elements of the current regula- forth that, sadly, this hallowed ground gentleman from Alabama (Mr. EVER- tions governing eligibility for burial at was being misused with a liberal use of ETT), the ranking member of the Sub- Arlington. H.R. 3211 draws some hard waivers, what we will do with this leg- committee on Benefits, the gentleman lines, but they are lines that need to be islation is again to state that Arling- from California (Mr. FILNER) and the drawn. They include the following: ton National Cemetery exists for the gentleman from Arkansas (Mr. SNY- No waivers could be granted to the purpose of honoring our military dead, DER), a committee member who had military service requirements for bur- those who have fallen in pursuing free- thoughtful questions and brought dis- ial. The only nonveterans eligible for dom, that we are reaffirming that this cussion of this whole issue of Arling- burial would be the immediate family hallowed ground belongs to the mem- ton. members of those veterans eligible for ory and the remains of those who have Now that we have come up with a burial, and Members of Congress and contributed mightily, who may have compromise of sorts to make sure that other Federal officials who do not meet fallen on the field of battle, but who al- we are heading in the right direction, the military criteria would no longer toward the end of next month, the gen- ways and forever represented this be eligible for burial at Arlington. country with valor and bravery, and tleman from California (Mr. FILNER) The Committee on Veterans’ Affairs and I will be organizing a visit to Ar- that we would not succumb to the did not set this policy in place lightly. temptations and political pressures lington for members on the committee H.R. 3211 is a product of careful, com- and Members of the Congress at large ever again of yielding any of that prehensive oversight, extensive con- to talk about their plans for changes at ground under suspicions that it might sultation with veterans and military Arlington and to talk about the things go to the highest bidder. service organizations and a great deal that are done in this bill today so that This is a mission of honor and a res- of hard work. all of us at least in the Congress know toration of trust, and I appreciate the I am proud to be a cosponsor of this where we are headed when we talk bipartisan manner in which this legis- fine bill and commend my colleagues about changes necessary at Arlington lation has been approached because, for their fine work on this legislation. National Cemetery. again, we set up a formula whereby if Mr. Speaker, I have the honor to Mr. Speaker, I urge my colleagues to waivers are ever to be granted, they have my father buried at Arlington Na- support the bill. will be granted with the full sunshine Mr. EVANS. Mr. Speaker, may I in- tional Cemetery for the work he did in of this Congress, representing the peo- quire as to how much time is remain- the Navy and receiving the Bronze Star ple constitutionally to make such ing on both sides at this point? in the Iwo Jima campaign. And then I waivers, not to any back room or any The SPEAKER pro tempore. The gen- have a great great grandfather who is regulation or waiver otherwise grant- tleman from Illinois (Mr. EVANS) has 13 also buried there who has the same cri- ed. minutes remaining and the gentleman teria. So it is with a great deal of Mr. STUMP. Mr. Speaker, I yield 2 from Arizona (Mr. STUMP) has 11 min- heartfelt feeling on this issue that I minutes to the gentleman from Indiana utes remaining. commend this bill to my colleagues (Mr. MCINTOSH). and I hope they will pass it. Mr. EVANS. Mr. Speaker, I yield 10 Mr. MCINTOSH. Mr. Speaker, I want minutes to the gentleman from Ari- Mr. STUMP. Mr. Speaker, I yield 3 to thank the gentleman from Arizona minutes to the gentleman from Ari- zona (Mr. STUMP), and ask unanimous (Mr. STUMP) and the gentleman from zona (Mr. HAYWORTH), a member of the consent that he be permitted to control Illinois (Mr. EVANS) for their hard work that time as he sees fit. committee. on this bill and the bipartisan effort to Mr. HAYWORTH. Mr. Speaker, I Mr. STUMP. Mr. Speaker, if the gen- bring it forward to the House today. thank the gentleman from Arizona tleman would yield, I thank him and I, too, was greatly disturbed, as were (Mr. STUMP), chairman of our commit- would say that we do need the time. I my constituents, by rumors that there tee and dean of our delegation, who have more speakers than I anticipated. may have been attempts used to have The SPEAKER pro tempore (Mr. continues to set an example in his leg- Arlington Cemetery and the privilege FOLEY). Is there objection to the re- islative work, as he did as a younger of being put to rest there used for po- quest of the gentleman from Illinois? man in the Pacific theater in World litical fund-raising purposes. There was no objection. War II. Mr. STUMP. Mr. Speaker, I yield 3 I thank also the gentleman from Illi- My grandmother served this country as a nurse in World War I. She had minutes to the gentleman from Florida nois (Mr. EVANS), ranking minority (Mr. STEARNS), the chairman of the member of the Committee on Veterans’ three sons, who all served this country Subcommittee on Health. Affairs, for moving forward with this in World War II. My father was in the Mr. STEARNS. Mr. Speaker, I thank legislation in such a timely manner; Navy as an enlisted man. My father-in- the distinguished gentleman from Ari- for, Mr. Speaker, what we are prepar- law served 30 years in the Navy and re- zona for yielding me this time. ing to do in this Chamber with this tired as a captain. Our family takes Mr. Speaker, I rise in support of H.R. vote on this legislation, for which I rise great pride in the service that they 3211, as amended. This bill establishes in strong support, is to restore trust have offered this country. an important policy. It provides clear with the American people for this hal- It extends to all people, Democrats, specific statutory criteria for burial at lowed ground. Republicans, rich and poor, the ability Arlington National Cemetery. In doing to make a sacrifice to serve this coun- b so, the bill would rule out a troubling 1500 try. And Arlington is where we honor policy of granting exceptions to eligi- I cannot help but notice as we look those who have perhaps sacrificed the bility rules which, until now, have been at the ground that makes up Arlington most in the cause of freedom and upset in regulations. National Cemetery that the headstones holding liberty in this great Nation. H1394 CONGRESSIONAL RECORD — HOUSE March 24, 1998 So it is with great pleasure that I Mr. Speaker, there have been some tional Cemetery Burial Eligibility Act.’’ I speak out in favor of this bill. My gen- Members that have expressed a desire again put the VFW on record with you and eration wants to honor those who have to consider language that would still your committee to clearly and concisely sacrificed for our country and those provide a waiver for Arlington, and we state that the 2.1 million members of this organization firmly believe no other persons who will sacrifice for our country by considered this at length in committee. should be buried at Arlington other than serving in the military in the future. I personally oppose such language and those enumerated in your bill. This bill puts on record that all of us would like to include for the record let- Thank you and all other members of your can come together today and say, this ters from the American Legion, committee for the collective concerns and ef- has to be above politics. AMVETS, the Disabled American Vet- forts extended to our nation’s veterans. The Mr. Speaker, I do want to thank the erans, the Veterans of Foreign Wars, VFW asks that you do the only proper and chairman and the ranking member for Vietnam Veterans of America, the equitable thing today regarding Arlington their hard efforts in bringing this bill Non-Commissioned Officers Associa- National Cemetery. Please retain this piece to the floor. tion, and the Retired Enlisted Associa- of hallowed ground for persons who have dedicated their lives to the military profes- Mr. STUMP. Mr. Speaker, I yield 2 tion, among others, that oppose such minutes to the gentleman from Wash- sion and/or who were either killed while on language. active duty or received an award for extraor- ington (Mr. NETHERCUTT). Mr. Speaker, I include the following dinary heroism. Mr. NETHERCUTT. Mr. Speaker, I for the RECORD: Sincerely, thank the chairman for yielding me THE AMERICAN LEGION, JOHN E. MOON, the time. Washington, DC, March 12, 1998. Commander-in-Chief. Mr. Speaker, I am pleased to join the Hon. BOB STUMP, DISABLED AMERICAN VETERANS, distinguished chairman of the Commit- Chairman, House Committee on Veterans’ Af- Washington, DC, March 20, 1998. tee on Veterans’ Affairs and the rank- fairs, Washington DC. Hon. BOB STUMP, ing member in support of H.R. 3211, DEAR CHAIRMAN STUMP: The American Le- Chairman, House Veterans’ Affairs Committee, gion fully supports H.R. 3211, a bill to codify Washington, DC. which will do much to restore the existing regulatory criteria for burial in Ar- honor of burial at Arlington National lington National Cemetery. The American Attn: Mike Brinck. Cemetery. Legion believes codifying existing regula- DEAR REPRESENTATIVE STUMP: This letter I have heard from hundreds of my tions and prohibiting any future waiver au- is to advise you that the Disabled American constituents who are concerned that thority is an unfortunate but necessary step Veterans (DAV) National Executive Commit- burial at Arlington has been granted to to maintain the honor and sanctity of Ar- tee passed a resolution on March 17, 1998, lington National Cemetery. The current supporting legislation to preserve burial nonveterans because of special waivers. space in Arlington National Cemetery for My constituents were equally con- waiver process is purely subjective, inconsistent and vulnerable to political influence. America’s military heroes. I have enclosed a cerned by the reluctance of the admin- Allowing future waivers at Arlington Na- copy of this resolution. istration to release names and details tional Cemetery would continue this subjec- It is the DAV’s position that, with the ex- about those buried under the waiver tive and inconsistent waiver process and ception of the President or former Presidents process. So I acted on these concerns allow for possible abuses by the current and of the United States, burial in Arlington by introducing a bill of my own, simi- future administrations. should be reserved for veterans who meet the lar to the legislation before the House Although the valuable contributions of existing criteria for burial eligibility in Ar- today, to ensure greater scrutiny and non-veterans in service to the nation and so- lington National Cemetery. The DAV does ciety is notable, these individuals are not le- not support any discretionary waiver process full disclosure of waiver requests. that would allow for the burial of non- H.R. 3211 requires the Secretary of gally obligated to perform their duties in the same manner as member of the armed forces. veterans at Arlington National Cemetery. the Army to maintain a register of When individuals don the military uniform Accordingly, the DAV is on record as sup- those buried at Arlington and requires and take the oath of office, they lose some porting the principles of H.R. 3211. Thank that this register be made available to personal freedoms, experience undue hard- you for your continued support. the public. While I understand the pri- ships and accept a unique standard of con- Sincerely, vacy concerns that limit the initial duct governed by the Uniform Code of Mili- HARRY R. MCDONALD, Jr., disclosures of waiver recipients, I also tary Justice. Failure or refusal to perform National Commander. believe that this reluctance created the their assigned mission will result in criminal Enclosure. unfortunate perception that the admin- proceedings that may lead to a General DAV NATIONAL EXECUTIVE COMMITTEE istration was trying to hide something. Court Martial and a dishonorable discharge. RESOLUTION Individuals serving in the civilian govern- Arlington is a public cemetery, and SUPPORTING LEGISLATION TO PRESERVE BURIAL ment and private workforce are not legally SPACE IN ARLINGTON NATIONAL CEMETERY we should have the full public disclo- obligated in this same manner. FOR AMERICA’S MILITARY HEROES sure which this bill provides. I also The American Legion believes Arlington agree with the emphasis that this bill National Cemetery is clearly a cemetery op- Whereas, our citizens hold veterans in the gives to educating veterans about Ar- erated and maintained by the Department of highest esteem and accord special honors to lington. This bill will require the Sec- the Army exclusively for military personnel, them for the unique contributions they retary of the Army to publish a pam- retirees, veterans and their immediate fam- make in service in our Nation’s Armed ily members. Requirements to be buried in Forces, and phlet describing eligibility require- Whereas, such honors set veterans apart ments. Such materials are needed to Arlington are strict because of the prestige, history and special recognition of honorable because they are bestowed only upon veter- reassure the veterans community, as military service. If Congress truly believes ans, and well as to clarify eligibility require- someone warrants burial in Arlington Na- Whereas, burial in Arlington National ments. tional Cemetery, it can pass separate legisla- Cemetery, our Nation’s most prestigious and I have heard stories of veterans tion authorizing a waiver on a case by case hallowed national cemetery, should be an awarded the Silver Star who deserve basis. In light of the recent waiver abuses, honor reserved for America’s military he- burial at Arlington by any measure, The American Legion believes H.R. 3211 is roes, and but they do not realize they are worthy now the best alternative to protecting the Whereas, burials of nonveterans at the discretion of the Secretary of the Army have of this honor or this opportunity. This sanctity of this national military shrine. Sincerely, brought into question not only the applica- bill corrects that problem by providing STEVE A. ROBERTSON, tion but also the wisdom of such policy, and the Secretary the materials needed to Director, Whereas, the limited burial space in Ar- educate this community. National Legislative Commission. lington should not be further depleted by This is an outstanding bill, Mr. burial of nonveterans, NOW Speaker, that corrects the significant VETERANS OF FOREIGN WARS Therefore, be it resolved That the Disabled loopholes created by the waiver process OF THE UNITED STATES, American Veterans, National Executive and reaffirms our belief that only a Washington, DC, March 13, 1998. Committee, meeting at Arlington, Virginia very honored few deserve to be buried Hon. BOB STUMP, on this the 17th day of March, 1998, goes on record as supporting legislation to codify ex- at Arlington National Cemetery. I urge Chairman, Veterans’ Affairs Committee, House of Representatives, Washington DC. isting criteria for veterans’ burial eligibility my colleagues to support this legisla- DEAR MR. CHAIRMAN: The Veterans of For- and eliminating provisions for burial of non- tion. eign Wars of the United States (VFW) has al- veterans, other than Presidents of the Mr. STUMP. Mr. Speaker, I yield my- ready strongly endorsed your excellent bi- United States, in Arlington National Ceme- self such time as I may consume. partisan bill H.R. 3211, the ‘‘Arlington Na- tery. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1395 AMVETS, NON COMMISSIONED OFFICERS ASSO- meet the strict military criteria for Lanham, MD, March 12, 1998. CIATION OF THE UNITED STATES OF burial at Arlington. If there are Mem- Hon. BOB STUMP, AMERICA, bers who are willing to pursue this ave- Chairman, House Veterans Affairs Committee, Alexandria, Virginia, March 11, 1998. nue, I would be happy to commit to House of Representatives, Washington, DC. Hon. BOB STUMP, Chairman, Committee on Veterans Affairs, working with the Senate in conference DEAR MR. CHAIRMAN: We understand that House of Representatives, Cannon House to achieve such a consensus. there was some discussion during the mark- Office Building, Washington, DC. up of H.R. 3211 (Arlington Cemetery) in In closing, Mr. Speaker, there are a DEAR MR. CHAIRMAN: The Non Commis- which committee members raised the issue lot of people who deserve a lot of sioned Officers Association of the USA thanks, and I would like to thank the of providing authorization of waivers for bur- (NCOA) is writing to restate its strong and ial in Arlington National Cemetery. unequivocal support for H.R. 3211, a bill that gentleman from New York (Mr. QUINN), AMVETS adamantly opposes any waivers would codify the eligibility requirements for the gentleman from California (Mr. and supports H.R. 3211 as it stands. burial at Arlington National Cemetery. FILNER), the chairman and the ranking We testified to that effect in February to The whole purpose of H.R. 3211 is to elimi- member of the Subcommittee on Bene- nate the discretion and subjective deter- the House Veterans Affairs Health Sub- fits; the gentleman from Alabama (Mr. minations that have led to questionable ac- committee. Arlington is a veterans cemetery EVERETT) and the gentleman from tions concerning Arlington. This Association and should be reserved for those who served. South Carolina (Mr. CLYBURN), the believes we should not provide even a small ranking member and the chairman of Sincerely, amount of wedge room that likely would JOSEPHUS C. VANDENGOORBERGH, lead to future controversy. In our view, the the Subcommittee on Oversight and In- AMVETS National Commander. eligibility for burial at Arlington should be vestigations; and special thanks to the so clear and explicit so as to allow the Su- gentleman from Illinois (Mr. EVANS), VIETNAM VETERANS OF AMERICA, INC., perintendent to make all eligibility deter- the ranking Democrat on this commit- Washington, DC, March 11, 1998. minations. Waiver of the eligibility criteria tee, for all the help he has provided in Hon. BOB STUMP, must be strictly forbidden including those working out the differences on this House Committee on Veterans’ Affairs, Cannon actions currently authorized by the Sec- bill, and I am entirely grateful for his House Office Building, Washington, DC. retary of the Army and the President. Under help. current, and a proposed criteria, that dis- DEAR CHAIRMAN STUMP: In response to allows burial in Arlington National Ceme- As I mentioned before, this is a bipar- some of the discussion at the full Committee tery for millions of veterans, this Associa- tisan bill and would I urge all Members markup this afternoon, I wanted to convey tion is adamantly opposed to any further le- to support it. to you and the members of the Committee niency in the eligibility criteria beyond that VVA’s perspective on the Arlington Ceme- proposed in H.R. 3211. Mr. GOSS. Mr. Speaker, Arlington National tery burial criteria bill. In NCOA’s opinion, our position on this Cemetery is more than just a place or burial Recent scrutiny of the burial waiver proce- issue does not preclude the consideration of for our veterans. It is a symbol of honor, re- dures in Arlington National Cemetery have exceptionally, compelling cases by the Con- spect and American tradition. It is a tragedy certainly brought to light the passion Amer- gress of the United States. Congress has when these principles are threatened by in- ica feels for this most sacred of all military taken such actions previously and this consistency or irresponsibility. There has been burial grounds. The public at large, and vet- course is clearly the way preferred by this an outpouring of anger and suspicion in my erans in particular, were very alarmed at the Association. For your information, I have sent a similar district and elsewhere following the accusa- appearance of impropriety of the burial letter to all of your colleagues on the House tions that Arlington waivers were being hand- waiver process. What seems to have come to Veterans Affairs Committee. ed over on the basis of campaign donations or light is the fact that the burial eligibility for Sincerely, political clout, rather than meritorious service Arlington National Cemetery was not a mat- LARRY D. RHEA, to our country. People are questioning the inter of clear statutory guidance. And further- Deputy Director tegrity of those charged with overseeing the more, the waiver process was not accessed by of Legislative Affairs. most veterans’ families who were turned process. Today, we are responding because our veterans deserve better. away by the Superintendent upon initial in- THE RETIRED ENLISTED ASSOCIATION, quiries about eligibility. We suspect that Alexandria, Virginia, March 11, 1998. Burial at Arlington National Cemetery many of these families were not aware of a To: All members of the House Veterans Af- shouldn't be diminished by red tape. But if it waiver process, or probably took the Super- fairs Committee. takes some Federal legislation to protect our intendent’s assessment at face value and did The Retired Enlisted Association (TREA) commemoration of those who have sacrificed not pursue nor even inquire about waivers. is writing to restate its strong support for for our Nation, then passage of H.R. 3211 is H.R. 3211, a bill that would codify the eligi- It certainly seems desirable to have a cut- bility requirements for burial at Arlington the right thing to do. It is my hope that this and-dry set of criteria outlining who may National Cemetery. again will help restore faith among our deserv- and who may not be buried in Arlington Na- The purpose of H.R. 3211 is to eliminate the ing veterans and the American people by clari- tional Cemetery. And thus, eliminating the discretion and subjective determinations fying once and for all the proper standards waiver process precludes all appearances of that have led to questionable actions con- and procedures for burial in Arlington's sacred impropriety. cerning Arlington. In our view, the eligi- ground. I urge adoption. bility for burial at Arlington should be so If this bill is passed, VVA is confident that Mr. STUMP. Mr. Speaker, I have no Congress could, in extraordinary cir- clear and explicit so as to allow the Super- intendent to make all eligibility determina- further requests for time, and I yield cumstances, provide an exception for indi- tions. Many veterans are not allowed to be back the balance of my time. viduals who do not have military service buried at Arlington with the current regula- which meets the statutory criteria, but who Mr. EVANS. Mr. Speaker, I have no tions. Why should we allow waivers for per- further requests for time, I yield back have demonstrated public service which mer- sons that do meet the requirements for bur- its a distinctive burial at Arlington Ceme- ial at Arlington? the balance of my time, and I urge my tery. Just as the Veterans’ Affairs Commit- In TREA’s opinion, our position on this colleagues to support the bill. tees led Congress in the move to make Bob issue does not preclude the consideration of The SPEAKER pro tempore (Mr. Hope an ‘‘Honorary Veteran,’’ we believe a exceptionally, compelling cases by the Con- FOLEY). The question is on the motion similar procedure would be possible in spe- gress of the United States. Congress has offered by the gentleman from Arizona cific cases. VVA would prefer that the more taken such actions previously and this (Mr. STUMP) that the House suspend cumbersome route of Congressional exemp- course is clearly the way preferred by this the rules and pass the bill, H.R. 3211, as tions be implemented, rather than having Association. the potential for ambiguous interpretation Sincerely, amended. in an administrative waiver process. MARK H. OLANOFF, The question was taken. Legislative Director. Mr. STUMP. Mr. Speaker, on that I Should there be any additional questions Mr. STUMP. Mr. Speaker, I believe it or concerns about this bill or the waiver demand the yeas and nays. would be better to investigate the fea- process, I would be very pleased to clarify The yeas and nays were ordered. VVA’s position further. Again, thank you for sibility of establishing perhaps another your leadership on this issue. cemetery in Washington for the pur- The SPEAKER pro tempore. Pursu- Sincerely, pose of honoring Americans who have ant to clause 5 of rule I and the Chair’s KELLI WILLARD WEST, substantially contributed to the well- prior announcement, further proceed- Director of Government Relations. being of the Nation but who do not ings on this motion will be postponed. H1396 CONGRESSIONAL RECORD — HOUSE March 24, 1998 REMOVAL OF NAME OF MEMBER look after their health by eating healthy, ex- ‘‘(b) JURISDICTION.—(1) In the case of an ac- AS COSPONSOR OF H.R. 1415 ercising, and not smoking should be re- tion against a State (as an employer) or a warded with less expensive health care for private employer commenced by the United Mr. MCINTOSH. Mr. Speaker, I ask their efforts. States, the district courts of the United unanimous consent that my name be 7. Elderly Americans and Doctors Must States shall have jurisdiction over the ac- removed as cosponsor from H.R. 1415. Have Freedom to Choose. Section 4507 of the tion. The SPEAKER pro tempore. Is there Balanced Budget Act, which forbids doctors ‘‘(2) In the case of an action against a objection to the request of the gen- from treating any Medicare patients if they State (as an employer) by a person, the ac- tleman from Indiana? see one Medicare patient on a private con- tion may be brought in a State court of com- tracting basis, should be repealed. Patients There was no objection. petent jurisdiction in accordance with the must not be coerced by the federal govern- laws of the State. (Mr. MCINTOSH asked and was given ment from seeing each other if it best serves ‘‘(3) In the case of an action against a pri- permission to revise and extend his re- their health care needs. vate employer by a person, the district marks.) 9. Freedom of Information. American courts of the United States shall have juris- Mr. MCINTOSH. Mr. Speaker, my district health care consumers shall have the right diction of the action. health care advisory committee, consisting of to a clear and concise description of what is ‘‘(c) VENUE.—(1) In the case of an action by health industry professionals, insurers and and is not covered by any health plan. In ad- the United States against a State (as an em- dition, all health care plans shall provide ployer), the action may proceed in the providers, has advised me that PARCA, H.R. full disclosure of the professional qualifica- 1415, is not the best means to protect patients United States district court for any district tions and performance records of their in which the State exercises any authority rights and has recommended that I withdraw health care providers as well as their prac- or carries out any function. from the bill. tices and procedures. ‘‘(2) In the case of an action against a pri- However, I do support patient protections f vate employer, the action may proceed in and am submitting for the RECORD a state- the United States district court for any dis- ment of principles that is a small government USERRA AMENDMENTS ACT OF trict in which the private employer of the approach to protecting patients' rights and 1998 person maintains a place of business. health care reform. Mr. STUMP. Mr. Speaker, I move to ‘‘(d) REMEDIES.—(1) In any action under this section, the court may award relief as HEALTH CARE STATEMENT OF PRINCIPLES: suspend the rules and pass the bill (H.R. 3213) to amend title 38, United follows: WHAT HEALTH CARE REFORM LEGISLATION ‘‘(A) The court may require the employer MUST INCLUDE THIS YEAR States Code, to clarify enforcement of to comply with the provisions of this chap- 1. Increasing the number of insured Ameri- veterans’ employment and reemploy- ter. cans by providing everyone access to tax-free ment rights with respect to a State as ‘‘(B) The court may require the employer insurance. Millions of Americans receive a an employer or a private employer, to to compensate the person for any loss of tax free employer-provided health insurance extend veterans’ employment and re- wages or benefits suffered by reason of such coverage. However, this option is not avail- employment rights to members of the employer’s failure to comply with the provi- able to everyone. As a matter of fairness, it uniformed services employed abroad by sions of this chapter. should be. The self-employed and individual United States companies, and for other ‘‘(C) The court may require the employer workers must be able to purchase fully de- to pay the person an amount equal to the ductible insurance. This would vastly de- purposes, as amended. The Clerk read as follows: amount referred to in subparagraph (B) as crease the roles of America’s uninsured. liquidated damages, if the court determines Moreover, increasing the number of insured H.R. 3213 that the employer’s failure to comply with children can be achieved by making chil- Be it enacted by the Senate and House of Rep- the provisions of this chapter was willful. dren’s health care completely tax deductible. resentatives of the United States of America in ‘‘(2)(A) Any compensation awarded under 2. Individual choice: Individuals must be Congress assembled, subparagraph (B) or (C) of paragraph (1) shall able to choose the health coverage that SECTION 1. SHORT TITLE. be in addition to, and shall not diminish, any meets their needs as well as the needs of This Act may be cited as the ‘‘USERRA of the other rights and benefits provided for their family. Americans should be able to se- Amendments Act of 1998’’. under this chapter. lect from a menu of benefits in any health SEC. 2. ENFORCEMENT OF RIGHTS WITH RE- ‘‘(B) In the case of an action commenced in coverage plan, including a point-of-service SPECT TO A STATE AS AN EM- the name of the United States for which the option. They should be allowed to choose PLOYER. relief includes compensation awarded under from plans available in the marketplace, (a) IN GENERAL.—Section 4323 of title 38, subparagraph (B) or (C) of paragraph (1), based on price competition and personal United States Code, is amended to read as such compensation shall be held in a special choice. Especially important in this effort is follows: deposit account and shall be paid, on order of eliminating government restrictions, such as ‘‘§ 4323. Enforcement of rights with respect to the Attorney General, directly to the person. innovative health care plans like Medical a State or private employer If the compensation is not paid to the person Savings Accounts. ‘‘(a) ACTION FOR RELIEF.—(1) A person who because of inability to do so within a period 3. Patient access: Americans should have receives from the Secretary a notification of three years, the compensation shall be the right to see the doctor of their choice. pursuant to section 4322(e) of this title of an covered into the Treasury of the United Americans should have the flexibility and unsuccessful effort to resolve a complaint re- States as miscellaneous receipts. accessibility to see their own doctors or spe- lating to a State (as an employer) or a pri- ‘‘(3) A State shall be subject to the same cialists at an affordable rate. Health care vate employer may request that the Sec- remedies, including prejudgment interest, as plans should not discriminate on the basis of retary refer the complaint to the Attorney may be imposed upon any private employer license in reimbursing eligible network General. If the Attorney General is reason- under this section. health care providers for performing a cov- ably satisfied that the person on whose be- ‘‘(e) EQUITY POWERS.—The court may use ered service. half the complaint is referred is entitled to its full equity powers, including temporary 4. Freedom of Speech: Americans must the rights or benefits sought, the Attorney or permanent injunctions, temporary re- have the right to talk freely with their doc- General may appear on behalf of, and act as straining orders, and contempt orders, to tors. Health care plans should not include attorney for, the person on whose behalf the vindicate fully the rights or benefits of per- ‘‘gag clauses’’ that restrict a physician’s complaint is submitted and commence an ac- sons under this chapter. ability to communicate to their patients. tion for relief under this chapter for such ‘‘(f) STANDING.—An action under this chap- Patients have the right to know all possible person. In the case of such an action against ter may be initiated only by a person claim- options concerning their care. a State (as an employer), the action shall be ing rights or benefits under this chapter 5. Quality health care at lower costs. brought in the name of the United States as under subsection (a) or by the United States Health care costs have skyrocketed in large the plaintiff in the action. under subsection (a)(1). part because of the proliferation of litigation ‘‘(2) A person may commence an action for ‘‘(g) RESPONDENT.—In any action under by unscrupulous trial lawyers. The abuse of relief with respect to a complaint against a this chapter, only an employer or a potential the system has made all of us victims of high State (as an employer) or a private employer employer, as the case may be, shall be a nec- health care costs. Congress must enact medi- if the person— essary party respondent. cal malpractice reform and common sense ‘‘(A) has chosen not to apply to the Sec- ‘‘(h) FEES, COURT COSTS.—(1) No fees or legal reform for life-saving bio-medical ma- retary for assistance under section 4322(a) of court costs may be charged or taxed against terials. The revised standard of liability this title; any person claiming rights under this chap- should apply to third party health care plans ‘‘(B) has chosen not to request that the ter. that make medical judgements on applicable Secretary refer the complaint to the Attor- ‘‘(2) In any action or proceeding to enforce care. ney General under paragraph (1); or a provision of this chapter by a person under 6. Lower Cost Options for Healthy Ameri- ‘‘(C) has been refused representation by the subsection (a)(2) who obtained private coun- cans. Americans should not be punished for Attorney General with respect to the com- sel for such action or proceeding, the court being in good health. Those Americans who plaint under such paragraph. may award any such person who prevails in March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1397 such action or proceeding reasonable attor- violate the law of the foreign country in I also want to thank the gentleman ney fees, expert witness fees, and other liti- which the workplace is located.’’. from New York (Mr. QUINN), chairman gation expenses. (c) CLERICAL AMENDMENT.—The table of of the subcommittee, for introducing ‘‘(i) INAPPLICABILITY OF STATE STATUTE OF sections at the beginning of chapter 43 of this bill before us today, H.R. 3213, LIMITATIONS.—No State statute of limita- such title is amended by inserting after the tions shall apply to any proceeding under item relating to section 4318 the following which incorporates several important this chapter. new item: provisions to protect the rights of our ‘‘(j) DEFINITION.—In this section, the term ‘‘4319. Employment and reemployment rights servicemembers. Federal law must as- ‘private employer’ includes a political sub- in foreign countries.’’. sure that the appropriate remedies are division of a State.’’. (d) EFFECTIVE DATE.—The amendments available when violations of employ- (b) EFFECTIVE DATE.—(1) Section 4323 of made by this section shall apply only with ment or reemployment rights to title 38, United States Code, as amended by respect to conduct occurring after the date servicemembers threaten our Nation’s subsection (a), shall apply to actions com- of the enactment of this Act. ability to obtain and attract a strong menced under chapter 43 of such title on or after the date of the enactment of this Act, SEC. 4. COMPLAINTS RELATING TO REEMPLOY- military force. MENT OF MEMBERS OF THE UNI- and shall apply to actions commenced under Federal law protecting employment FORMED SERVICES IN FEDERAL and reemployment rights for such chapter before the date of the enact- SERVICE. ment of this Act that are not final on the (a) IN GENERAL.—The first sentence of servicemembers has been in effect date of the enactment of this Act, without paragraph (1) of section 4324(c) of title 38, since the days before World War II. By regard to when the cause of action accrued. United States Code, is amended by inserting passing this bill, we are fulfilling our (2) In the case of any such action against a before the period at the end the following: ‘‘, duty to provide for the common de- State (as an employer) in which a person, on without regard as to whether the complaint fense of our Nation. With the need to the day before the date of the enactment of accrued before, on, or after October 13, 1994’’. utilize the resources of the National this Act, is represented by the Attorney Gen- (b) EFFECTIVE DATE.—The amendment eral under section 4323(a)(1) of such title as Guard and Reserves to meet our Total made by subsection (a) shall apply to all Force military responsibilities, it is es- in effect on such day, the court shall upon complaints filed with the Merit Systems motion of the Attorney General, substitute Protection Board on or after October 13, 1994. sential that those who volunteer to the United States as the plaintiff in the ac- serve our country be protected by ade- The SPEAKER pro tempore. Pursu- tion pursuant to such section as amended by quate safeguards of their right to ob- ant to the rule, the gentleman from Ar- subsection (a). tain and retain suitable civilian em- izona (Mr. STUMP) and the gentleman SEC. 3. PROTECTION OF EXTRATERRITORIAL EM- ployment. PLOYMENT AND REEMPLOYMENT from Illinois (Mr. EVANS) each will con- RIGHTS OF MEMBERS OF THE UNI- I want to thank my colleagues again, trol 20 minutes. especially the gentleman from New FORMED SERVICES. The Chair recognizes the gentleman (a) DEFINITION OF EMPLOYEE.—Section York (Mr. QUINN), the gentleman from from Arizona (Mr. STUMP). 4303(3) of title 38, United States Code, is California (Mr. FILNER), and the chair- (Mr. STUMP asked and was given amended by adding at the end the following: man for their hard work that they put permission to revise and extend his re- ‘‘Such term includes any person who is a cit- in in bringing this bill to the floor marks.) izen, national, or permanent resident alien of today. the United States employed in a workplace GENERAL LEAVE Mr. Speaker, I wish to thank the Chairman in a foreign country by an employer that is Mr. STUMP. Mr. Speaker, I ask an entity incorporated or otherwise orga- of the Full Committee for his bipartisan work nized in the United States or that is con- unanimous consent that all Members on this important bill to restore and strengthen trolled by an entity organized in the United may have 5 legislative days within the employment and re-employment rights of States, within the meaning of section 4319(c) which to revise and extend their re- those who have served our country in the of this title.’’. marks on H.R. 3213. Armed Forces. I wish to thank the Ranking (b) FOREIGN COUNTRIES.—Subchapter II of The SPEAKER pro tempore. Is there Democratic Member of the Subcommittee on chapter 43 of such title is amended by insert- objection to the request of the gen- Benefits, Mr. FILNER for introducing H.R. 166 ing after section 4318 the following new sec- tleman from Arizona? tion: last year. This bill brought to our attention the There was no objection. need to restore the employment and re-em- ‘‘§ 4319. Employment and reemployment Mr. STUMP. Mr. Speaker, I yield my- rights in foreign countries ployment rights of State employees following a self such time as I may consume. 1996 Subcommittee decision that had the ef- ‘‘(a) LIABILITY OF CONTROLLING U.S. EM- Mr. Speaker, H.R. 3213 clarifies en- fect of terminating their rights. PLOYER OF FOREIGN ENTITY.—If an employer forcement of the Uniformed Services I also wish to thank the Chairman of the controls an entity that is incorporated or Employment and Reemployment otherwise organized in a foreign country, Subcommittee on Benefits, Mr. QUINN for intro- any denial of employment, reemployment, or Rights Act with respect to State gov- ducing the bill before us, H.R. 3213, which in- benefit by such entity shall be presumed to ernments. It would also include U.S. corporates several important provisions to pro- be by such employer. employers in foreign countries under tect the rights of our servicemembers. Federal ‘‘(b) INAPPLICABILITY TO FOREIGN EM- the provisions of this act. Many com- law must assure that appropriate remedies are PLOYER.—This subchapter does not apply to mittee members from both sides of the available when violations of the employment foreign operations of an employer that is a aisle contributed to this bill and their foreign person not controlled by an United or re-employment rights of servicemembers efforts are appreciated. threaten our nation's ability to attain and main- States employer. Mr. Speaker, I reserve the balance of ‘‘(c) DETERMINATION OF CONTROLLING EM- tain a strong military force. PLOYER.—For the purpose of this section, the my time. This bill will correct several deficiencies in determination of whether an employer con- Mr. EVANS. Mr. Speaker, I yield my- present law. Specifically, this bill will provide trols an entity shall be based upon the inter- self such time as I may consume. remedies for violations of employment and re- relations of operations, common manage- Mr. Speaker, I wish to thank the employment rights of servicemembers by: ment, centralized control of labor relations, chairman of the full committee for his Providing the federal government with a and common ownership or financial control bipartisan work again on this impor- means of enforcing servicemembers' employ- of the employer and the entity. tant bill to restore and strengthen the ment and re-employment rights in federal ‘‘(d) EXEMPTION.—Notwithstanding any employment and reemployment rights other provision of this subchapter, an em- court; ployer, or an entity controlled by an em- of those who have served in our coun- Providing a remedy for servicemembers ployer, may— try’s Armed Forces. who are employed in foreign lands by United ‘‘(1) discriminate within the meaning of I also want to thank the gentleman States corporations; and section 4311 of this title; from California (Mr. FILNER), the rank- Providing for review of certain complaints in- ‘‘(2) deny reemployment rights within the ing member of the Subcommittee on volving violation of servicemembers' rights by meaning of section 4312, 4313, 4314, or 4315 of Benefits, for introducing this legisla- federal employers. this title; or tion last year. The bill brought to our The need for this legislation became appar- ‘‘(3) deny benefits within the meaning of attention the need to restore the em- section 4316, 4317, or 4318 of this title, ent after the Supreme Court's 1996 ruling in with respect to an employee in a workplace ployment and reemployment rights of Seminole Tribe of Florida v. Florida, 116 S. Ct. in a foreign country, if compliance with any State employees following a 1996 sub- 1114, that Congress was precluded by the such section would cause such employer, or committee decision that had the effect Eleventh amendment from providing a federal such entity controlled by an employer, to of terminating their rights. forum for suits under laws enacted pursuant to H1398 CONGRESSIONAL RECORD — HOUSE March 24, 1998 the Commerce Clause of the United States Counsel determined that even though the Bu- I want to suggest to our colleagues Constitution. Although the authority for laws in- reau of Prison's alleged violations were pro- that we support 3213. And finally, as volving veterans benefits is derived from the hibited under the prior version of the law, the others have, thanks to the ranking War Powers clause, several courts have held Veteran's Reemployment Rights Act (VRRA), member of the committee, the gen- the reasoning of the Seminole Tribe case pre- it was unable to represent Mr. Monsivais be- tleman from California (Mr. FILNER); of cludes federal court jurisdiction of claims to cause the alleged violation of the law arose course, the gentleman from Illinois enforce federal rights of State employees under the statute which preceded the enact- (Mr. EVANS), the ranking member of under the Uniformed Service Employment and ment of USERRA on October 13, 1994. Be- the full committee; and the gentleman Re-employment Rights Act (USERRA). cause the VRRA did not provide for enforce- from Arizona (Mr. STUMP), the chair- Federal law protecting employment and re- ment by the Office of the Special Counsel, man, for their cooperation with the employment rights of servicemembers has there was no forum to address this violation. subcommittee in bringing the hearings been in effect since 1940. No claim of Elev- The provisions of this bill will allow for rep- together and also in bringing the bill enth amendment immunity from suit to enforce resentation by the Office of the Special Coun- to the floor today. those rights in federal court had been granted sel of persons before the Merit Systems Pro- Mr. EVANS. Mr. Speaker, I yield 3 until after the Supreme Court's Seminole Tribe tection Board for pre-USERRA causes of ac- minutes to the gentleman from Califor- decision. Several courts have now ruled that tion which are alleged to be violations of the nia (Mr. FILNER). the Eleventh amendment bars suit to enforce VRRA statute. Jurisdiction of the Merit Sys- Mr. FILNER. Mr. Speaker, I thank the present law governing the employment tems Protection Board is extended to all the gentleman for yielding me the and re-employment rights of State employees. claims filed with the Board after October 13, time; and I thank the gentleman from By passing this bill, we are fulfilling our Con- 1994 regardless of whether the action com- New York (Mr. QUINN) for working so stitutional duty to ``provide for the common plained of occurred before, on, or after that closely with the members of the sub- Defence'' of our nation. With the need to uti- date. committee to make sure that after the lize the resources of the National Guard and I thank my colleagues, especially Mr. QUINN, problem was identified, we came up Reserves to meet our Total Force military re- Chairman of the Subcommittee on Benefits with the consensus rather quickly to sponsibilities, it is essential that those who vol- and Mr. FILNER the Ranking Member of that solve it for the men and women in our unteer to serve our country be protected by subcommittee for their hard work in bringing armed forces. adequate safeguards of their right to obtain this bill to the floor and recommend its pas- Mr. Speaker, I am pleased also to be and retain suitable civilian employment. sage. an original cosponsor of H.R. 3213, what The United States has a strong national in- Mr. Speaker, I reserve the balance of we call the USERRA Amendments Act terest in assuring that its military readiness will my time. of 1998. The measure is similar to H.R. not be undermined by policies and practices Mr. STUMP. Mr. Speaker, I yield 166, the Veterans’ Job Protection Act which can deter competent and qualified citi- such time as he may consume to the that I introduced at the beginning of zens from military service, including the Guard gentleman from New York (Mr. QUINN), this Congress. It was clear to me that and Reserve. This bill assures that the federal the chairman of the Subcommittee on the 1996 Supreme Court decision that government's interest in protecting the em- Benefits, for further explanation of was referred to by Chairman Quinn ployment and re-employment rights of our mili- H.R. 3213. would adversely affect members of the tary personnel can be fully exercised in those Mr. QUINN. Mr. Speaker, for the uniformed services employed by State cases where the employer is a State govern- record, I just want to mention that governments and that legislation ment. The ability of the United States to attract USERRA, the Uniformed Services Em- would be required to fix the problem. and retain the competent and qualified person- ployment and Reemployment Rights H.R. 3213 will accomplish this goal nel necessary to meet our national security in- Act, is the continuation of policy and restore the employment and reem- terests will be undermined absent a remedy which was originally enacted in 1940 ployment protections that have been which the federal government can pursue for Public Law 76–96. Its purpose is to pro- provided for over 50 years to State em- egregious violations of veterans' rights. vide persons who serve for a limited pe- ployees who are also citizen-soldiers. This bill would permit the United States to riod in the U.S. Armed Forces the right There have already been at least two bring such an action, thereby protecting the to return to civilian employment. This court decisions that rule against the federal government's responsibility to provide law applies to all employers, regardless veterans involved, so I am pleased that for the national defense. of their size. It is particularly impor- the House is now acting on this matter. In addition, this bill extends the protection of tant today to persons serving in the Mr. Speaker, since colonial days, the employment and re-employment rights to vet- Guard and Reserve. citizen-soldier has been one of Ameri- erans who are employed in foreign lands by This bill would substitute the United ca’s oldest and most venerated mili- United States corporations. In EEOC v. Ara- States for an individual veteran as the tary traditions; and members of the bian American Oil Co., 111 S. Ct. 1227 plaintiff in enforcement actions in Reserve and National Guard are a criti- (1991), the Supreme Court considered the cases where the Attorney General be- cal component of our national defense. issue of the extraterritorial application of Title lieves that a State has not complied Since the adoption of the Total Force VII of the Civil Rights Act of 1964 and held with USERRA. Since the Attorney Policy in 1973, which recognized that that there is a presumption against such appli- General, through U.S. Attorneys, is al- all of America’s military should be cation of U.S. laws. The Court also noted that ready involved in enforcing this law, readily available to provide for the the presumption can be overcome by a clear this will not impose any new duties on common defense, these men and women expression of congressional intent to apply a the Department of Justice. Individuals have been tasked with greater respon- particular statute outside the United States. not represented by the Attorney Gen- sibility for nearly every phase of mili- This clear expression is desirable in order to eral would be able to bring enforce- tary preparedness. ment actions in State court. fully apply the universal coverage principle b that has been inherent in veterans' employ- The bill also makes a technical 1515 ment and re-employment rights since the law's change to USERRA suggested by the We all remember the crucial role inception. Department of Labor concerning over- members of the Guard and Reserves Finally the bill provides specific authority to seas employees of U.S. companies and played in the successful conduct of the the Federal Merit Protection Board to hear another needed change affecting Fed- Persian Gulf War and the sacrifices certain complaints involving federal employers, eral employee enforcement rights that these individuals made to serve their regardless of when the complaint arose. The was discovered as a result of hearings country. Literally hundreds of thou- basis for this change is the case of Monsivais held some 2 years ago. sands of our citizen soldiers, many v. Department of Justice (Three Rivers Bureau In summary, Mr. Speaker, we are with little more than 48 hours’ notice, of Prisons). Mr. Monsivais had been charged looking at State employees to be left their families and their jobs to an- with being absent from work without leave due granted the same rights under swer their country’s call to arms. Be- to his participation in required military training USERRA as any other veteran or mem- cause the law protects veterans’ reem- after the Bureau of Prisons had refused his re- ber of the Guard and Reserve who ployment rights, these brave men and quest for a military leave of absence. On works in the private sector or the Fed- women were able to contribute enor- March 17, 1997, the Office of the Special eral Government. mously to the Gulf War effort with the March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1399 assurance that their civilian employ- maquiladoras right across the border in is veterans preference in future employment ment would be available to them fol- Mexico. If they are called into the serv- once they have left the armed forces. This leg- lowing their military service. ice of this country, we want to make islation helps make this benefit more available Mr. Speaker, as a result of the Su- sure that those individuals will be able to our veterans, who have earned it through preme Court decision in 1996, members to keep their jobs when they return. their service to their country. of the Guard and Reserves who are This bill provides that if a U.S. em- I urge my colleagues to join in supporting State employees were no longer to ployer controls that overseas entity this worthwhile measure. have that job protection provided for where the reservist works, then any de- Mr. STUMP. Mr. Speaker, I have no all other members of the uniformed nial of employment, reemployment or further requests for time, and I yield services. The enactment of H.R. 3213 benefits by that foreign entity will be back the balance of my time. will restore this very important protec- actionable against the U.S. employer. The SPEAKER pro tempore (Mr. tion. I urge all my colleagues to sup- Foreign countries should not worry FOLEY). The question is on the motion port this legislation. about this law imposing on their sov- offered by the gentleman from Arizona Mr. STUMP. Mr. Speaker, I yield 2 ereignty, since the bill specifically (Mr. STUMP) that the House suspend minutes to the gentleman from New does not apply when employer compli- the rules and pass the bill, H.R. 3213, as York (Mr. QUINN), the chairman of the ance would violate the law of the for- Subcommittee on Benefits. eign country in which the workplace is amended. Mr. QUINN. Mr. Speaker, I appre- located. The question was taken; and (two- ciate the gentleman yielding me this Mr. Speaker, I also would add that thirds having voted in favor thereof) time to sort of speak a little bit out of every effort needs to be made to assure the rules were suspended and the bill, turn, not on the topic of this bill but that these individuals that have given as amended, was passed. there is another bill that we were going of themselves and that are called to de- A motion to reconsider was laid on to discuss today and we have not in- fend this country and called to serve the table. cluded it. That is H.R. 3039, the bill we this country, to make sure when they call the Veterans Transitional Housing get back that that particular job is f bill. We are not dealing with it today there waiting for them. I welcome this and will not until later this year be- legislation and commend the House for SMALL BUSINESS INVESTMENT cause the Committee on the Budget its swift passage. I want to thank both COMPANY TECHNICAL CORREC- has asked for more time to review the the chairman and the ranking member TIONS ACT OF 1998 bill, which makes sense to me. of the committee for their work on this Mr. Speaker, we said in both the measure. Mr. TALENT. Mr. Speaker, I move to hearing which we held here in Washing- Mr. EVANS. Mr. Speaker, I have no suspend the rules and pass the bill ton and in a hearing held in Buffalo, further requests for time, and I yield (H.R. 3412) to amend and make tech- New York late last year that a lot of back the balance of my time. nical corrections in title III of the Americans, indeed a lot of veterans are Mr. STUMP. Mr. Speaker, I yield my- Small Business Investment Act, as not aware that of all the homeless peo- self such time as I may consume. Once amended. ple in this country, fully one-third of again I would like to thank the gen- The Clerk read as follows: them are veterans, people who have tleman from New York (Mr. QUINN) and H.R. 3412 the gentleman from California (Mr. served their country at various points Be it enacted by the Senate and House of Rep- in our history and in their past. As we FILNER), chairman and ranking member of the Subcommittee on Benefits as resentatives of the United States of America in try to do whatever we can to bring Congress assembled, well as the gentleman from Illinois services together to deal with this SECTION 1. SHORT TITLE. (Mr. EVANS), the ranking Democrat on homelessness, particularly as it deals This Act may be cited as the ‘‘Small Busi- with veterans, there are a number of the full committee for all their contributions to this bill. Once again this ness Investment Company Technical Correc- other Members here and certainly tions Act of 1998’’. is a bipartisan bill. I urge all Members those on the committee who are con- SEC. 2. TECHNICAL CORRECTIONS. cerned that this transitional housing to support it. Mr. GILMAN. Mr. Speaker, I rise today in Title III of the Small Business Investment bill, H.R. 3039, does come up later this strong support of H.R. 3213, a bill to clarify Act of 1958 (15 U.S.C. 661) is amended— year, possibly in May or June. I want the enforcement of veterran's employment (1) in section 303(g) (15 U.S.C. 683(g)), by to make certain the Committee on the striking subparagraph (13); rights. This legislation clarifies the enforce- Budget knows we will be working with (2) in section 308 (15 U.S.C. 687) by adding ment of veteran's employment rights in re- them in every way possible to bring the at the end the following: gards to state employers and extends these bill up later this year. ‘‘(j) For the purposes of sections 304 and Mr. EVANS. Mr. Speaker, I yield 3 rights to veterans employed overseas by 305, in a case in which an incorporated or un- minutes to the gentleman from Texas American companies. incorporated business is not required by law More specifically, this bill makes certain pro- to pay Federal income taxes at the enter- (Mr. RODRIGUEZ), a very able member cedural changes to the enforcement of the prise level but is required to pass income of our committee. Uniformed Services Employment and Reem- through to its shareholders or partners, an Mr. RODRIGUEZ. Mr. Speaker, I rise ployment Rights Act (USERRA) in response to eligible small business or smaller enterprise in strong support of this bill which a 1996 Supreme Court decision which held may be determined by computing the after- would advance the protections of the that the 11th amendment precluded congres- tax income of such business by deducting landmark Uniformed Services Employ- from the net income an amount equal to the sionally authorized suits by private parties ment and Reemployment Rights Act. net income multiplied by the combined mar- against nonconsenting states. Since 1940, USERRA has been the ginal Federal and State income tax rate for In response to this decision, this bill sub- corporations.’’; and source of employment protection and stitutes the United States for an individual vet- remedies for veterans and reservists (3) in section 320 (15 U.S.C. 687m), by strik- eran as the plaintiff in enforcement actions in ing ‘‘6’’ and inserting ‘‘12’’. against all employers, government and cases where the attorney general believes that The SPEAKER pro tempore. Pursu- private. Veterans and members of the a state has not complied with USERRA law. armed services have had to fight for Furthermore, this bill applies USERRA law ant to the rule, the gentleman from some of these rights in the courts. This to U.S. employers in foreign countries. It does Missouri (Mr. TALENT) and the gentle- bill addresses the problems which em- woman from New York (Ms. allow an exception when employer compliance ´ ployees have faced against individual would violate the law of the country where the VELAZQUEZ) each will control 20 min- State employers and U.S. employers workplace is located. It also requires direct utes. which control a foreign entity. I wish payment of any claim compensation which is The Chair recognizes the gentleman to focus on the provisions of H.R. 3213, considered lost wages, benefits, or liquidated from Missouri (Mr. TALENT). which would expand veterans and uni- damages and clarifies that the merit systems Mr. TALENT. Mr. Speaker, I yield formed service employment rights to protection board has jurisdiction to hear com- myself such time as I may consume. employees in a foreign country work- plaints brought by federal employees without Let me start by thanking the gentle- ing for an entity controlled by a U.S. regard to when the complaint was filed. woman from New York (Ms. VELA´ Z- company. Let me give my colleagues Mr. Speaker, one of the most important ben- QUEZ), the ranking member of the Com- an example. We have individuals in the efits to those who serve in our nation's military mittee on Small Business. I appreciate H1400 CONGRESSIONAL RECORD — HOUSE March 24, 1998 her assistance in moving the bill and rent law allows funding pools to be Mr. TALENT. Mr. Speaker, I yield her help in fashioning it. issued every 6 months or more fre- myself such time as I may consume. Mr. Speaker, I will not take too long. quently. This inhibits the ability of the This bill will have a real impact on the This is a technical corrections bill. SBICs and the SBA to form pools of businesses in this country seeking While it is important work, there is no certificates that are large enough to start-up financing. At the end of the reason to spend a great deal of time on generate serious investor interest. Al- day, that is the most important part of it. The purpose of H.R. 3412 is to make lowing more time between fundings our job. Let me again thank the gentle- certain technical amendments to title will permit SBA and the industry to woman from New York (Ms. VELAZ- III of the Small Business Investment form larger pools for sale in the mar- QUEZ) and her staff, Michael Day and Act of 1958. Title III authorizes the ket, thereby increasing investor inter- Salomon Torres, for their assistance in Small Business Investment Company est and improving the interest rates for moving this measure before us. Let me program. The small business invest- the small businesses financed. also extend my appreciation to my ment companies are venture capital Mr. Speaker, I reserve the balance of staff, particularly Emily Murphy, firms licensed by the Small Business my time. Harry Katrichis and Tee Rowe. Mr. Administration that use SBA guaran- Ms. VELA´ ZQUEZ. Mr. Speaker, I Speaker, I urge my colleagues to sup- tees to leverage private capital for in- yield myself such time as I may con- port H.R. 3412. vestment in small businesses. The sume. Mr. Speaker, I yield back the balance technical corrections proposed by H.R. Mr. Speaker, I rise today in strong of my time. 3412, as amended, will improve the support of H.R. 3412. I would like to The SPEAKER pro tempore. The flexibility of the SBIC program and thank the distinguished chairman of question is on the motion offered by allow increased access to this program the Committee on Small Business for the gentleman from Missouri (Mr. TAL- by small businesses. bringing this legislation to the floor. I ENT) that the House suspend the rules Congress revamped the SBIC program urge my colleagues to support this bill, and pass the bill, H.R. 3412, as amend- during the 103rd Congress to provide which makes corrections to the Small ed. for a new form of leverage geared spe- Business Investment Act and the Small The question was taken. cifically toward equity investment in Business Investment Company Pro- Mr. TALENT. Mr. Speaker, on that I small businesses. Over the past few gram. demand the yeas and nays. years as the new program has become There is no question that the value of The yeas and nays were ordered. established, certain deficiencies have small business investment companies The SPEAKER pro tempore. Pursu- come to light. In addition, certain stat- has been felt across this Nation. SBICs ant to clause 5 of rule I and the Chair’s utory provisions have become obsolete. have invested nearly $15 billion in long- prior announcement, further proceed- Moreover, the nature of the SBIC in- term debt and equity capital to over ings on this motion will be postponed. dustry has changed. The result is a par- 90,000 small businesses. Over the years, f ticipating securities program that is SBICs have given companies like Intel CONVEYANCE OF CERTAIN LANDS made up primarily of smaller SBICs. Corporation, Federal Express and AND IMPROVEMENTS IN VIRGINIA The fact that these smaller SBICs are America Online the push they needed dominating the program points to to succeed. The result has been the cre- Mr. GOODLATTE. Mr. Speaker, I shifting dynamics in the SBIC pro- ation of millions of jobs and billions of move to suspend the rules and pass the gram. Smaller, start-up investments dollars in tax revenue. The bill before bill (H.R. 3226) to authorize the Sec- are more typical, and therefore the de- us today expands on that legacy by retary of Agriculture to convey certain mand for SBA leverage has shifted to taking a good program and making it lands and improvements in the State of smaller individual placements. better. Virginia, and for other purposes. H.R. 3412 seeks to correct these defi- The passage of H.R. 3412 will make The Clerk read as follows: ciencies and remove provisions that the SBIC program even more efficient H.R. 3226 may produce confusion due to changes and responsive to the needs of small Be it enacted by the Senate and House of Rep- in law and the character of the SBIC entrepreneurs. The changes made by resentatives of the United States of America in Congress assembled, program. Under H.R. 3412, a provision this legislation will serve a number of SECTION 1. PURPOSE. in the Small Business Investment Act important purposes. By giving the The purpose of this Act is to authorize the that reserves leverage for smaller SBIC program greater flexibility in Secretary of Agriculture (referred to in this SBICs will be repealed. Changes in SBA issuing investment guarantees, small Act as the ‘‘Secretary’’) to sell or exchange policy regarding applications for lever- businesses will be assured lower inter- all or part of certain administrative sites age, statutory changes in the availabil- est rates. and other lands in the George Washington ity of commitments for SBICs and the Second, H.R. 3412 clarifies SBA’s role National Forest and the Jefferson National makeup of the industry present the in ensuring equitable distribution and Forest, and to use the value derived there- possibility that that provision may, management of its participating secu- from to acquire a replacement site and to rities to SBICs of all sizes. Finally, the construct on the site suitable improvements unless repealed, create conflicts and for national forest administrative purposes. bill confirms that small businesses, re- confusion. SEC. 2. SALE OR EXCHANGE OF LAND. H.R. 3412 also modifies the test for gardless of their chosen business form, (a) IN GENERAL.—The Secretary may, determining the eligibility of small are eligible for SBIC financing. under such terms and conditions as the Sec- businesses for SBIC financing. Current These changes are part of an ongoing retary may prescribe, sell or exchange any or statutory language does not account process that will enable us to provide all right, title, and interest of the United for small businesses organized in pass- creative financing to more small busi- States in and to the approximately 368 acres through tax structures such as S cor- nesses more efficiently. Last year contained in the following tracts of land sit- porations, limited liability companies, alone SBICs invested over $2.4 billion uated in the State of Virginia: and certain partnerships. These small in over 2,500 small businesses. This bill (1) Tract J–1665 (approximately 101 acres), as shown on the map titled ‘‘Natural Bridge businesses do not pay taxes at the en- will allow us to expand the scope of the Juvenile Corrections Center, February 4, terprise level, but instead pass through SBIC program even further, allowing 1998’’. income and the ensuing tax liabilities us to create more jobs and provide even (2) Tract G–1312a (approximately 214 acres), to their partners and shareholders. greater economic opportunity to our Tract G–1312b (approximately 2 acres), and Consequently, many of these small Nation’s small entrepreneurs. Tract G1312a–I (approximately 10 acres), as businesses face difficulties when the in- I am pleased to join the distinguished shown on the plat titled ‘‘George Washington come test is applied to them, and are chairman in support of the proposed National Forest, Alleghany Construction often declared ineligible for financing corrections, and I am happy to be a co- Company, (1312a,–I,b), Alleghany County, Virginia, June 1936’’. they should receive. sponsor of this legislation. I urge my (3) Tract G–1709 (approximately 23 acres), Finally, H.R. 3412 will allow the SBA colleagues to join me in supporting as shown on the plat titled ‘‘James C. Doyle, greater flexibility in issuing trust cer- H.R. 3412. Alleghany County, Virginia, April 13, 1993’’. tificates to finance the SBIC program’s Mr. Speaker, I yield back the balance (4) Tract G–1360 (consisting of Lots 31 and investments in small businesses. Cur- of my time. 32; approximately .29 acres), Tract G–1361 March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1401 (consisting of Lots 29 and 30; approximately or private solicitations of offers for sale or jobs that this park we think will draw .29 acres), Tract G–1362 (consisting of Lots 22, exchange on such terms and conditions as to the Allegheny Highlands, one of the 23, and 24; approximately .43 acres), and the Secretary may prescribe. The Secretary most beautiful areas in the entire Tract G–1363 (consisting of Lot 21; approxi- may reject any offer if the Secretary deter- country, one that has a very high qual- mately .14 acres), as shown on the plat titled mines that the offer is not adequate or not in ‘‘Dry River Road, George Washington Na- the public interest. ity of life and is in need of higher-pay- tional Forest, Warehouse Site, Bridgewater, SEC. 3. DISPOSITION OF FUNDS. ing jobs. Rockingham County, Virginia, July 1936’’. Any funds received by the Secretary My bill also transfers the Natural (5) Tract G–1524 (consisting of Lot 13; ap- through sale or by cash equalization from an Bridge Juvenile Correction Center proximately .13 acres), as shown on the plat exchange shall be deposited into the fund from the Forest Service to the Com- titled ‘‘Vertie E. Beery Tract, Rockingham provided by the Act of December 4, 1967 (16 monwealth of Virginia, along with County, Virginia, February 3, 1966’’. U.S.C. 484a), commonly known as the Sisk nearly 20 other administrative land (6) Tract G–1525 (consisting of Lots 11 and Act, and shall be available for expenditure, tracts or land tracts that lost their 12; approximately .26 acres), as shown on the upon appropriation, for— plat titled ‘‘Charles F. Simmons Tract 1525, (1) the acquisition of lands, and interests natural forest character because of Rockingham County, Virginia, February 3, in the lands, in the State of Virginia; and proximity to interstate highways. The 1966’’. (2) the acquisition or construction of ad- largest of these tracts is 1.69 acres, but (7) Tract G–1486 (consisting of Lots 14, 15, ministrative improvements in connection the majority of them are about a third and 16; approximately .39 acres), as shown on with the George Washington and Jefferson of an acre. They are either residential the plat shown at Deed Book 133, Page 341 National Forests. sites, vacant lots or the lands are not Rockingham Virginia Records of the D.S. The SPEAKER pro tempore. Pursu- manageable as forestlands and are no Thomas Inc. Addition, Town of Bridgewater. (8) Tract N–123a (consisting of Lots 7 and 8; ant to the rule, the gentleman from longer necessary for administrative approximately .287 acres), as shown on the Virginia (Mr. GOODLATTE) and the gen- purposes. plat titled ‘‘George Washington Forest. A.M. tleman from Virginia (Mr. GOODE) each The Forest Service does not object to Rucker, Tract N–123a, Buena Vista, Vir- will control 20 minutes. the land transfers and has been very ginia’’. The Chair recognizes the gentleman cooperative in this attempt to gain (9) Tract N–123b (consisting of Lots 5 and 6; from Virginia (Mr. GOODLATTE). transfer authority. They believe that approximately .287 acres), as shown on the Mr. GOODLATTE. Mr. Speaker, I the property included in my bill is plat titled ‘‘George Washington Unit, A.M. yield myself such time as I may con- more conducive to economic develop- Rucker, N–123b, Rockbridge County, Vir- sume. Mr. Speaker, I rise in support of ginia, city of Buena Vista, dated 1942’’. ment than forest management and (10) Tract G–1417 (approximately 1.2 acres), H.R. 3226, my bill to convey adminis- therefore are anxious to remove it from as shown on the plat titled ‘‘George Wash- trative and other lands in the George their need to manage inventory. ington Unit, R.A. Warren, Tracts (1417-1417a), Washington and Jefferson National I would like to offer special recogni- Bath County, Virginia, May 1940’’. Forests and to utilize the value derived tion to Glynn Loope, the executive di- (11) Tract G–1520 (approximately 1 acre), as therefrom to acquire replacement rector of the Economic Development shown on the plat titled ‘‘Samuel J. Snead sites, where appropriate, and suitable Authority. The Innovation Park Tract, Bath County, Virginia, February 3, improvements for national forest ad- project would not have made it as far 1966’’. ministrative purposes. (12) Tract G–1522a (approximately .65 as it has without his perseverance and acres), as shown on the plat titled ‘‘Charles H.R. 3226 grants authority for the enthusiasm. N. Loving Tract, Bath County, Virginia, Feb- Forest Service to sell 200 acres of land This is just the first step in a long ruary 3, 1966’’. adjacent to U.S. Interstate 64 to the journey to bring major economic and (13) Tract G–1582 (approximately .86 acres), Allegheny Highlands Economic Devel- high-tech development to the Alle- as shown on the plat titled ‘‘Willie I. Haynes opment Authority for purposes of de- gheny Highlands as well as the greater Tract, Bath County, Virginia, January 1974’’. veloping a corporate area catering to Rockbridge area, Bath, Botecort, and (14) Tract G–1582a (approximately .62 high tech companies. acres), as shown on the plat titled ‘‘Willie I. Craig counties in Virginia. I am proud Haynes, Bath County, Virginia, January b 1550 to sponsor and support this bill. I am 1979’’. It will be named Innovation Park. In- confident of its success and look for- (15) Tract G–1673 (approximately 1.69 novation Park should prove to have a ward to being of continued assistance acres), as shown on the plat titled ‘‘Erwin S. to the Innovation Park project. Solomon Tract, Bath County, Virginia, Sep- positive economic impact by bringing high-tech jobs to those living in the Mr. Speaker, I reserve the balance of tember 15, 1970’’. my time. (16) Tract J–1497 (approximately 2.66 acres), rural areas. This project will not only as shown on the plat titled ‘‘James A. Wil- address a need for good high-paying Mr. GOODE. Mr. Speaker, I yield my- liams, Tract 1497, January 24, 1990’’. jobs but also for additional transpor- self such time as I may consume. I rise (17) Tract J–1652 (approximately 1.64 acres), tation, water, and wastewater system in support of H.R. 3226 authorizing the as shown on the plat titled ‘‘United States of development and improvement. Secretary of Agriculture to convey cer- America, Tract J–1652, Buchanan Magisterial An environmental impact review is tain lands and improvements in the District, Botetourt County, Virginia, Sep- currently underway. Preliminary re- State of Virginia. I would like to begin tember 4, 1996’’. by commending the gentleman from (18) Tract J–1653 (approximately 5.08 acres), sults indicate that Innovation Park as shown on the plat titled ‘‘United States of will not adversely impact any habitats Virginia (Mr. GOODLATTE) for his lead- America, Tract J–1653, Peaks Magisterial for plant or animal life. A public notice ership and hard work on this legisla- District, Bedford County, Virginia, Novem- of environmental assessment was tion. This bill will clear the way for ber 4, 1996’’. issued in January and not a single George Washington and Jefferson Na- The Secretary may acquire land, and exist- complaint has been registered. tional Forests to sell 368 acres to the ing or future administrative improvements, Mr. Speaker, let me say that I have Commonwealth of Virginia in exchange in consideration for the conveyance of the had the opportunity to visit this site in for cash and land. All sales or ex- lands designated in this subsection. Allegheny County in my congressional changes would be for fair market value. (b) APPLICABLE AUTHORITIES.—Except as district. It is an ideal location for a The Natural Bridge Juvenile Correc- otherwise provided in this Act, any sale or exchange of all or a portion of the lands des- transfer of land from the National For- tional Center is located in Rockbridge ignated in subsection (a) shall be subject to est Service to this economic develop- County. It has been under the mainte- existing laws, rules, and regulations applica- ment authority because this land is not nance and supervision of the Common- ble to the conveyance and acquisition of contiguous with any other land in the wealth since 1964 and, having seen that lands for National Forest System purposes. national forest and it is located in a facility, in my opinion it is highly ap- (c) CASH EQUALIZATION.—Notwithstanding place where it is particularly suitable propriate that it be conveyed to the any other provision of law, the Secretary for economic development, right along Commonwealth. may accept cash equalization payments in an interstate highway. This legislation also authorizes the excess of 25 percent of the total value of the lands designated in subsection (a) from any The plans for this particular park are sale of over 200 acres along Interstate exchange authorized by subsection (a). very exciting for this area of my dis- 64. This tract will be sold to the Alle- (d) SOLICITATIONS OF OFFERS.—In carrying trict, which is a rural area and which gheny Highland Economic Develop- out this Act, the Secretary may use public needs to have the kind of high-tech ment Authority which will develop the H1402 CONGRESSIONAL RECORD — HOUSE March 24, 1998 land into a separate area called Innova- SECTION 1. CORRECTION. statute. The statute as presently draft- tive Park. Additionally, this bill au- Section 8148(a) of title 5, United States ed and the parallel language in the thorizes the sale of several other small Code, is amended by striking ‘‘a receipt’’ and Federal Criminal Code differ, creating tracts of land which are close to I–64 inserting ‘‘or receipt’’. a discrepancy in the law which could and which have lost their natural for- The SPEAKER pro tempore. Pursu- have been interpreted to allow persons est characteristics. The proceeds from ant to the rule the gentleman from to receive FECA benefits on the basis the sale will be used for the acquisition Pennsylvania (Mr. GREENWOOD) and the of fraudulent information. The legisla- of other lands in Virginia that still gentleman from New York (Mr. OWENS) tion before us makes a minor technical have forest characteristics. each will be recognized for 30 minutes. correction, changing an ‘‘a’’ to an ‘‘or.’’ The George Washington National The Chair recognizes the gentleman This will ensure that persons who com- Forest, the Jefferson National Forest from Pennsylvania (Mr. GREENWOOD). mit fraud and the receipt of FECA ben- and the U.S. Forest Service have ex- Mr. GREENWOOD. Mr. Speaker, I efits would lose their entitlements to pressed their support for this legisla- yield myself such time as I may con- such benefits. tion. I strongly support the measure sume. I am pleased to support this legisla- and urge its passage by the House. The subject of H.R. 3096 is the Fed- tion and again I commend the sponsor, Mr. Speaker, I yield back the balance eral Employees Compensation Act. The the gentleman from Pennsylvania (Mr. of my time. Federal Employees Compensation Act GREENWOOD), for bringing it before us. Mr. GOODLATTE. Mr. Speaker, I is a good statute, it is an important Mr. Speaker, I reserve the balance of yield myself such time as I may con- one, it makes sure that when Federal my time. sume simply to thank my colleague employees are injured in the line of Mr. GREENWOOD. Mr. Speaker, I from my neighboring district for his work that their lost wages are made up yield such time as he may consume to support for this legislation, which by the Federal Government and that the gentleman from Michigan (Mr. hopefully will also yield some benefits their medical bills are paid for. It is a CAMP). further across the State to his district program that has been in place for a Mr. CAMP. Mr. Speaker, as Chairman as well. This is something that is re- long time and it is one that we need to of the Corrections Advisory Group, I sponsible use of National Forest Serv- have, of course. rise today in full support of the legisla- ice land and good for economic devel- There are some problems with this tion of the gentleman from Pennsyl- opment in Virginia, it is something program in my view. We are now spend- vania (Mr. GREENWOOD), H.R. 3096. This that has the strong support of the Na- ing $1.9 billion a year to pay for the is truly a technical correction, and it is tional Forest Service, and I urge my costs of 270,000 Federal workers. There fitting for the bill to be considered on the Corrections Calendar. colleagues to adopt this legislation. are some changes that I will propose at Mr. Speaker, our Nation’s laws are Mr. Speaker, I yield back the balance a future date. We had a hearing on complex and sometimes confusing, and of my time. those changes this morning. But today, The SPEAKER pro tempore (Mr. for Corrections Day, we are considering when someone interprets the law, one word can make a difference. In this FOLEY). The question is on the motion H.R. 3096, which unlike some of the case, the inconsistent use of one word offered by the gentleman from Virginia other more controversial changes that and the thousands of words that make (Mr. GOODLATTE) that the House sus- I will propose, is noncontroversial and up our laws called into question the pend the rules and pass the bill, H.R. enjoys bipartisan support. law’s application to certain individ- 3226. The loophole that we are trying to uals. The question was taken; and (two- close with this Corrections Day Cal- The gentleman from Pennsylvania thirds having voted in favor thereof) endar has to do with the following: (Mr. GREENWOOD) recognized this in- the rules were suspended and the bill Under the current law, if an individ- consistency and quickly acted to make was passed. ual files a valid claim for an injury a change. He contacted the Corrections A motion to reconsider was laid on during the course of Federal employ- Advisory Group, which moved to cor- the table. ment and then subsequently files a rect the problem. The bill ensures that f false claim or false follow-up informa- no Federal employee can lie on a bene- tion and is convicted and may even go GENERAL LEAVE fit application or any subsequent re- to jail, under that scenario that indi- Mr. GOODLATTE. Mr. Speaker, I ask quest for information and get away vidual can still, believe it or not, re- with it. unanimous consent that all Members ceive every 4 weeks a Federal workers’ may have 5 legislative days in which to The Corrections Calendar was cre- compensation check from the very ated to fix small, technical corrections revise and extend their remarks on funds supported by the taxpayers that such as this, and I am pleased the bill H.R. 3226, the bill just passed. that individual has defrauded. has made its way to the House floor so The SPEAKER pro tempore. Is there We are going to simply change one objection to the request of the gen- quickly. word, change the word ‘‘a’’ to ‘‘or’’ so I would like to thank the gentleman tleman from Virginia? that we make sure that an individual from Pennsylvania for introducing this There was no objection. will be ineligible to receive workers’ bill and for utilizing the Corrections f compensation funds whether they had Advisory Group, and I urge my col- CORRECTIONS CALENDAR committed the initial fraud at the first leagues to support the bill. The SPEAKER pro tempore. This is claim or any subsequent fraud there- Mr. GREENWOOD. Mr. Speaker, I the day for the call of the Corrections after. thank the gentleman from New York Calendar. It is a good bill, it is an important (Mr. OWENS) for his bipartisan support The Clerk will call the bill on the thing do to make the system have a bit of this legislation. I want to thank the Corrections Calendar. more integrity. It has bipartisan sup- full committee chairman, the gen- f port. It is supported by the Department tleman from Pennsylvania (Mr. GOOD- of Labor and the Department of La- LING), and the Subcommittee on Work- CORRECTING A PROVISION RELAT- bor’s Office of Inspector General, and I force Protection chairman, the gen- ING TO TERMINATION OF BENE- would urge an aye vote. tleman from North Carolina (Mr. FITS FOR CONVICTED PERSONS Mr. Speaker, I reserve the balance of BALLENGER), for their support of H.R. The Clerk called the bill (H.R. 3096) my time. 3096 and for moving it so quickly to correct a provision relating to ter- Mr. OWENS. Mr. Speaker, I yield my- through the committee. I would also mination of benefits for convicted per- self such time as I may consume. like to again express my appreciation sons. Mr. Speaker, I want to thank the to the gentleman from New York (Mr. The Clerk read the bill, as follows: gentleman from Pennsylvania (Mr. OWENS) and the gentleman from Mis- H.R. 3096 GREENWOOD), the sponsor of H.R. 3096, souri (Mr. CLAY), as well as the Mem- Be it enacted by the Senate and House of Rep- and the Inspector General of the De- bers on both sides of the aisle and, as resentatives of the United States of America in partment of Labor who recommended well, the Corrections Day committee Congress assembled, that we make this correction to the for their support of H.R. 3096. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1403 Mr. Speaker, I yield back the balance SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING. (2) at airports, the proposed rulemaking or of my time. Not later than 1 year after the date of the recommendation shall include— Mr. OWENS. Mr. Speaker, I have no enactment of this Act, the Administrator of (A) the size of the airport at which such the Federal Aviation Administration shall additional speakers and I, too, yield defibrillators should be required; reevaluate regulations regarding (1) the (B) the training that should be required for back the balance of my time. equipment required to be carried in medical airport personnel in the use of such The SPEAKER pro tempore. Pursu- kits of aircraft operated by air carriers, and defibrillators; and ant to the rule, the previous question (2) the training required of flight attendants (C) the associated equipment and medica- is ordered. in the use of such equipment, and, if the Ad- tion that should be required at the airport. The question is on the engrossment ministrator determines that such regula- (d) LIMITATION.—The Administrator may tions should be modified as a result of such not require automatic external defibrillators and third reading of the bill. reevaluation, shall issue a notice of proposed The bill was ordered to be engrossed on helicopters and on aircraft with a maxi- rulemaking to modify such regulations. mum payload capacity (as defined in section and read a third time, and was read the SEC. 3. REPORTS REGARDING DEATHS ON AIR- 119.3 of title 14, Code of Federal Regulations) third time. CRAFT. of 7,500 pounds or less. The SPEAKER pro tempore. The (a) IN GENERAL.—During the 1-year period (e) SPECIAL RULE.—If the Administrator question is on the passage of the bill. beginning on the 90th day following the date decides that automatic external The question was taken. of the enactment of this Act, a major air car- defibrillators should be required at airports, rier shall make a good faith effort to obtain, Mr. GREENWOOD. Mr. Speaker, on the proposed rulemaking or recommendation and shall submit quarterly reports to the Ad- shall provide that the airports are respon- that I demand the yeas and nays. ministrator of the Federal Aviation Admin- sible for providing the defibrillators. The yeas and nays were ordered. istration on, the following: The SPEAKER pro tempore. Pursu- (1) The number of persons who died on air- SEC. 5. LIMITATIONS ON LIABILITY. craft of the air carrier, including any person (a) LIABILITY OF AIR CARRIERS.—An air car- ant to clause 5 of rule I, further pro- rier shall not be liable for damages in any ceedings on this question are post- who was declared dead after being removed from such an aircraft as a result of a medical action brought in a Federal or State court poned. incident that occurred on such aircraft. arising out of the performance of the air car- f (2) The age of each such person. rier in obtaining or attempting to obtain the (3) Any information concerning cause of assistance of a passenger in an in-flight med- GENERAL LEAVE death that is available at the time such per- ical emergency, or out of the acts or omis- son died on the aircraft or is removed from sions of the passenger rendering the assist- Mr. GREENWOOD. Mr. Speaker, I ance, if the passenger is not an employee or ask unanimous consent that all Mem- the aircraft or that subsequently becomes known to the air carrier. agent of the carrier and the carrier in good bers have 5 legislative days in which to (4) Whether or not the aircraft was di- faith believes that the passenger is a medi- revise and extend their remarks on verted as a result of the death or incident. cally qualified individual. H.R. 3096. (5) Such other information as the Adminis- (b) LIABILITY OF INDIVIDUALS.—An individ- The SPEAKER pro tempore. Is there trator may request as necessary to aid in a ual shall not be liable for damages in any ac- objection to the request of the gen- decision as to whether or not to require tion brought in a Federal or State court aris- automatic external defibrillators in airports ing out of the acts or omissions of the indi- tleman from Pennsylvania? vidual in providing or attempting to provide There was no objection. or on aircraft operated by air carriers, or both. assistance in the case of an in-flight medical f (b) FORMAT.—The Administrator may emergency unless the individual, while ren- specify a format for reports to be submitted dering such assistance, is guilty of gross neg- AUTHORIZING THE CLERK TO under this section. ligence or willful misconduct. MAKE CORRECTIONS IN EN- SEC. 4. DECISION ON AUTOMATIC EXTERNAL SEC. 6. DEFINITIONS. GROSSMENT OF H.R. 3096, COR- DEFIBRILLATORS. In this Act— RECTING A PROVISION RELAT- (a) IN GENERAL.—Not later than 120 days (1) the terms ‘‘air carrier’’, ‘‘aircraft’’, ING TO TERMINATION OF BENE- after the last day of the 1-year period de- ‘‘airport’’, ‘‘interstate air transportation’’, FITS FOR CONVICTED PERSONS scribed in section 3, the Administrator of the ‘‘overseas air transportation’’, and ‘‘foreign Federal Aviation Administration shall make air transportation’’ have the meanings such Mr. GREENWOOD. Mr. Speaker, I a decision on whether or not to require auto- terms have under section 40102 of title 49, ask unanimous consent that in the en- matic external defibrillators on passenger United States Code; grossment of the bill, H.R. 3096, the aircraft operated by air carriers and whether (2) the term ‘‘major air carrier’’ means an Clerk be authorized to make such tech- or not to require automatic external air carrier certificated under section 41102 of defibrillators at airports. nical and conforming changes that will title 49, United States Code, that accounted (b) FORM OF DECISION.—A decision under for at least 1 percent of domestic scheduled- be necessary to correct such things as this section shall be in the form of a notice passenger revenues in the 12 months ending spelling, punctuation, cross-referenc- of proposed rulemaking requiring automatic March 31 of the most recent year preceding ing, and section numbering. external defibrillators in airports or on pas- the date of the enactment of this Act, as re- The SPEAKER pro tempore. Is there senger aircraft operated by air carriers, or ported to the Department of Transportation objection to the request of the gen- both, or a recommendation to Congress for pursuant to part 241 of title 14 of the Code of legislation requiring such defibrillators or a Federal Regulations; and tleman from Pennsylvania? notice in the Federal Register that such There was no objection. (3) the term ‘‘medically qualified individ- defibrillators should not be required in air- ual’’ includes any person who is licensed, ports or on such aircraft. If a decision under f certified, or otherwise qualified to provide this section is in the form of a notice of pro- medical care in a State, including a physi- posed rulemaking, the Administrator shall AVIATION MEDICAL ASSISTANCE cian, nurse, physician assistant, paramedic, make a final decision not later than the ACT OF 1998 and emergency medical technician. 120th day following the date on which com- Mr. DUNCAN. Mr. Speaker, I move to ments are due on the notice of proposed rule- The SPEAKER pro tempore. Pursu- suspend the rules and pass the bill making. ant to the rule, the gentleman from (H.R. 2843) to direct the Administrator (c) CONTENTS.—If the Administrator de- Tennessee (Mr. DUNCAN) and the gen- cides that automatic external defibrillators of the Federal Aviation Administration tleman from Illinois (Mr. LIPINSKI) to reevaluate the equipment in medical should be required— (1) on passenger aircraft operated by air each will control 20 minutes. kits carried on, and to make a decision carriers, the proposed rulemaking or rec- The Chair recognizes the gentleman regarding requiring automatic external ommendation shall include— from Tennessee (Mr. DUNCAN). defibrillators to be carried on, aircraft (A) the size of the aircraft on which such Mr. DUNCAN. Mr. Speaker, I yield operated by air carriers, and for other defibrillators should be required; myself such time as I may consume. purposes, as amended. (B) the class flights (whether interstate, Mr. Speaker, the Subcommittee on The Clerk read as follows: overseas, or foreign air transportation or Aviation and the full Committee on any combination thereof) on which such H.R. 2843 Transportation and Infrastructure defibrillators should be required; Be it enacted by the Senate and House of Rep- unanimously approved the Aviation (C) the training that should be required for Medical Assistance Act, H.R. 2843, on resentatives of the United States of America in air carrier personnel in the use of such Congress assembled, defibrillators; and March 5 and March 11 respectively. SECTION 1. SHORT TITLE. (D) the associated equipment and medica- Medical equipment aboard commercial This Act may be cited as the ‘‘Aviation tion that should be required to be carried in aircraft have not been reviewed in over Medical Assistance Act of 1998’’. the aircraft medical kit; and 13 years, until the Subcommittee on H1404 CONGRESSIONAL RECORD — HOUSE March 24, 1998 Aviation held a hearing last year. We ber of deaths on board aircraft, age of lines to report their on-board medical heard from several expert witnesses in the person, and whether or not the air- incidents to the FAA. This reporting aviation medical equipment, including craft was diverted as a result of the requirement will provide data on the the FAA air surgeon, Dr. Jon Jordan, death or incident. number and types of in-flight medical Dr. Russell Rayman from the Aero- Third, it also requires the FAA, emergencies. space Medical Association, Dr. David based upon data gathered over the year This data can then be used to deter- McKenas from American Airlines, and period, to determine whether or not mine exactly what the major airlines several other well informed and knowl- automatic external defibrillators need to have on board to help prevent edgeable witnesses. We heard very dra- should be required on commercial pas- the most common types of in-flight matic and moving testimony from fam- senger airplanes and at airports. medical emergencies. Without this ily members who had loved ones who Fourth, and finally, and I think very data provided by this reporting re- had died after experiencing medical importantly, the bill limits liability quirement, the airlines and the FAA problems during plane trips. for an air carrier, should the flight at- would have to continue to guess about From this testimony we basically tendant or crew in good faith believe how to best prevent an in-flight medi- heard three overriding things: One, we that the passenger rendering assistance cal tragedy. need to improve our medical equip- is a medically qualified individual such H.R. 2843 also directs the FAA to use ment on aircraft; two, there is no reli- as a doctor, nurse, or paramedic. the in-flight medical incident data re- able data on the number of in-flight It also limits liability for the pas- ported by the airlines to determine medical emergencies; and three, a Good senger rendering assistance unless he whether to require defibrillators Samaritan provision should be incor- or she is found guilty of gross neg- aboard aircraft and, if so, what type of porated into any bill. ligence or willful misconduct. aircraft. Before I go on, let me say that I am This legislation will enable the need- very encouraged by the increasing Recent technology improvements ed information to be properly gathered have made defibrillators portable, com- number of U.S. airlines that have vol- and analyzed so that the FAA can untarily placed or have begun to place pact, and easy to use. In fact, at the make a proper and informed decision Subcommittee on Aviation hearing last defibrillators and other improved medi- on what types of additional equipment cal equipment on board their aircraft. May, we saw the new smaller should be required for air passenger defibrillator, and it is amazing how American Airlines, Delta, United, Alas- carriers. ka Air and American Trans Air should easy this lifesaving device is to use. This is a good bill, Mr. Speaker, that Several major air carriers have al- all be commended for their efforts to every Member of the House can sup- provide passengers with the best pos- ready agreed to voluntarily place port. And I urge its passage. defibrillators on their aircraft. I want sible care and the best medical equip- Lastly, I want to thank my good ment available. In fact, it is my under- to commend American Airlines, Delta friend, the gentleman from Illinois Airlines, United, and Alaskan Airlines standing that these defibrillators have (Mr. LIPINSKI), the ranking member of already saved the lives of at least two for voluntarily taking this step for- the Subcommittee on Aviation. He is ward in passenger safety. passengers just within the last few truly a man with a good and kind I believe that the FAA will quickly months. heart. He really tries to help people. see from the in-flight medical data And I should point out that in 1997, I have heard it said, and I believe it that defibrillators are lifesaving de- 640 million people flew in the United to be true, that no committee or sub- vices that should be required on all States, and the FAA predicts that al- committee in this Congress has a major carriers and at all major air- most 1 billion passengers will fly com- chairman and ranking member who get ports. Hopefully, the FAA will act mercially in the United States by the along and work together better than year 2007. quickly and make a decision to require the gentleman from Illinois and I do. I defibrillators on all major carriers in b 1545 thank him for his support on this legis- the near future. These enormous increases in pas- lation. Mr. Speaker, I reserve the balance of Finally, the bill includes a Good Sa- senger traffic will almost undoubtedly maritan provision. This provision lead to an increase in the number of in- my time. Mr. LIPINSKI. Mr. Speaker, I yield would protect from legal liability the flight medical emergencies. There are Good Samaritan, such as the doctor on those who prefer to see these myself the amount of time I may consume. board the flight who volunteers to help defibrillators mandated by the FAA. I in a medical emergency. must admit that we gave this some Mr. Speaker, first of all, I want to When a medical emergency happens thought, mainly because the American thank the gentleman from Tennessee during flight, the flight crew must Heart Association tells us that more (Mr. DUNCAN) for introducing such an often rely on the help of passengers than 1,000 Americans suffer from sud- important bill. After our excellent who are medical professionals. Unfor- den cardiac arrest each day, and this is Subcommittee on Aviation hearing on tunately, many doctors on board are bound to increase with the aging of the this issue last session, it was obvious often weary of volunteering their serv- American population. that something needed to be done to We went back and reviewed testi- address the increasing number of medi- ices for fear of being sued. mony from our witnesses who ex- cal emergencies in the sky. I am proud This Good Samaritan provision pro- pressed concerns about the lack of reli- to be an original cosponsor of H.R. 2843, tects passengers who volunteer to help, able data on medical emergencies and a the Aviation Medical Assistance Act. unless, of course, they are grossly neg- concern about what sizes or types of The number of airline passengers ligent or engaged in willful mis- aircraft could accommodate these med- traveling both domestically and inter- conduct. The Good Samaritan provi- ical devices. nationally is growing by leaps and sion also generally protects the air- So this is basically why we are here bounds each year. As more people fly, lines from legal liability for the ac- today with H.R. 2843, which I have and fly longer distances, there is a tions of their passengers. sometimes referred to as the Good Sa- greater chance of serious medical When passengers get on a plane, they maritan in the Skies bill. emergencies occurring during flight. assume that they will be safe. H.R. H.R. 2843 has four components. First, Unfortunately, because the Federal 2843, the Aviation Medical Assistance it requires the FAA, not later than 1 Aviation Administration does not re- Act, will make sure that all passengers year after enactment of the bill, to require airlines to report the number of are safe when they board a plane. H.R. evaluate regulations regarding the in-flight medical emergencies, we can 2843 will help ensure that in-flight med- equipment required to be carried in only make an educated guess that the ical emergencies do not become in- medical kits and first-aid training, number of medical emergencies has in- flight medical tragedies. medical emergency training required creased each year with the number of Again, I am a proud cosponsor of this by flight attendants. airline passengers. bill, and I want to urge all of my col- Secondly, it requires air carriers to Fortunately, the Aviation Medical leagues to vote yes on this very impor- submit reports to the FAA on the num- Assistance Act will require major air- tant piece of legislation. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1405 Mr. Speaker, I yield as much time as coming ill on airlines, and the fact that tee. His usual cooperation has once she may consume to the young gentle- if an automatic defibrillator is avail- again been there. It is a pleasure and a woman from Connecticut (Mrs. KEN- able lives can be saved. great opportunity, really, for me to NELLY). Chairman DUNCAN held a hearing and continue to work with him on the Sub- Mrs. KENNELLY of Connecticut. Mr. my constituent was able to testify at committee on Aviation. Speaker, I thank the gentleman from that hearing, and I think now we have Mr. Speaker, I yield back the balance Illinois for that compliment. evidence to justify requiring AEDs on of our time. Mr. Speaker, I rise today in support all flights. Mr. DUNCAN. Mr. Speaker, I yield of this legislation which will provide This bill that the gentleman from myself such time as I may consume. American air travelers with a vital Tennessee (Mr. DUNCAN) and the gen- Mr. Speaker, I want to close by once margin of safety that they need so tleman from Illinois (Mr. LIPINSKI) again thanking the gentleman from Il- much. have brought forth will move this deci- linois (Mr. LIPINSKI), but also I want to It was not that long ago, a little over sion in the right direction by giving thank the gentlewoman from Connecti- a year ago, that I was traveling on a FAA 1 year to make the decision. In cut (Mrs. KENNELLY), who is a cospon- plane one evening, and a gentleman other words, the added margin of safe- sor of this legislation. came down the aisle and he fell face ty passengers deserve may be only a I mentioned in my statement a few forward and was unconscious. It did not year away. minutes ago the very moving and dra- seem it was my imagination, but it What I am saying today is that I matic testimony that we heard from seemed that the flight attendants were think we have a situation where we two family members, one of whom was going in opposite directions. Then a should have an automatic electronic her constituent. I can tell my col- call was put out for a doctor on the defibrillator on every flight. American leagues that I do not believe we would plane. Airlines actually has said that they in- be as far along on this legislation There was no doctor on the plane, un- tend to do this. Other airlines are com- today, where we are at this moment, if fortunately. But, fortunately, there ing to this practical decision. it was not for the gentlewoman from was a nurse on the plane, and she came But in the meantime, this study that Connecticut (Mrs. KENNELLY). And I to the assistance of the passenger. At the gentleman from Tennessee (Mr. appreciate her work. one point, she called for the first-aid DUNCAN) and the gentleman from Illi- This is a good bill. This bill is going box. The box came, she opened it, and nois (Mr. LIPINSKI) is bringing forth to lead to better medical equipment on there were just a few bandages in it will make it possible for us to address airlines throughout this Nation. It is and something that looked like some- the whole idea of health and safety on going to lead to better medical train- thing for a toothache, and very little airlines, making sure that first-aid box ing for airline personnel. It is going to else. She found nothing that could help has in it what is necessary to assist lead to the first ever Good Samaritan her in her assistance at that time. passengers. law in the skies so that passengers who It was shortly after this, Mr. Speak- By the way, we have come a long have medical training can provide er, that I introduced legislation to re- way, probably as has been mentioned much-needed assistance during medical quire airlines to carry automatic elec- before on the floor, that airline attend- emergencies. tronic defibrillators on all flights. This ants, beginning after World War I, When we add all of those things to- legislation was prompted by a visit when we first had airline attendants, gether, I think this is very important from one of my constituents, Mrs. were required to have nurse’s training. legislation. It is very good legislation. Lynn Talit, who came to see me in We have gone all the way from having It is legislation that all Members of Washington shortly after this occasion nurse’s training as a requirement to this Congress can point to with pride that happened to me on an airline, to having a sick person sick on a plane and support enthusiastically. tell me that her husband had suffered a without an adequate first aid box. We Mr. OBERSTAR. Mr. Speaker, I support heart attack during a flight. can understand why the airline attend- H.R. 2843, the Aviation Medical Assistance The facts were devastating, and I felt ants are concerned when a passenger Act, and I urge our colleagues to vote for it very badly for Mrs. Talit. She told me becomes ill because they do not have today. I commend Chairman DUNCAN and her husband had died. She had a ter- the training to take care of a sick pas- Congressman LIPINSKI for working closely to- rible time finding information about senger, and they know it. gether in a nonpartisan fashion to develop a exactly when he had died, what were All of us in this room travel by air bill that was reported out of the Committee the circumstances after his death, quite often, and if we are sick we cer- with no dissenting votes. what had occurred during the illness. tainly hope that there is a doctor on Other speakers have done a good job of ex- And yet she was a very brave woman board, but more importantly, we hope plaining the legislation. This bill will move us and she persevered to find out all this there is trained personnel to help us along the road to an industry standard that will information. Then she felt that she till the plane lands. require the carriage of heart defibrillator equip- really should help others who had loved I hope in the name of my constituent ment on airliners. ones who suffer heart attacks on an air that an automatic electric defibrillator I firmly believe that if there is safety tech- flight. gets on every plane so that, in fact, if nology available and some in the industry are Since then, of course, we have there is a serious heart attack, if, in utilizing it to good benefit, then there is little learned that this experience is one that fact, there is heart failure, every indi- reason not to require all of the industry to take happens to others. In fact, newspapers, vidual will have a chance to have the similar steps. The traveling public expects that since this problem has come to light, necessary help available to save his or when they board an airliner that there will be have chronicled both a sudden death of her life. It makes good sense to have equivalent levels of safety. a young woman aboard a plane not automatic electronic defibrillators on I want to strongly commend those airlines, long ago and the use of an AED to save all planes. Thank you Mr. Speaker. Delta, American, Alaska, and United, for rec- another passenger’s life. Mr. LIPINSKI. Mr. Speaker, I yield ognizing the need, being forward-thinking So now that we have highlighted the myself as much time as I may consume enough to recognize new developments in situation that people do, in fact, have to close for our side. medical technology, and taking the initiative to heart attacks on planes, as they have I simply want to say this is really a carry defibrillators without waiting for the gov- heart attacks everywhere else, and very important piece of legislation and ernment to require them. It is because of that if we have an automatic a piece of legislation that will help these sorts of steps that these particular air- defibrillator on the plane, it could save make the skies much safer than they lines are widely recognized and appreciated a passenger’s life. are at the present time. as leaders in aviation safety. This constituent of mine had the I want to compliment the gentleman This bill, if enacted this year, will likely lead good fortunate to go see the gentleman from Tennessee (Mr. DUNCAN), chair- us to a rule about two years from now, requir- from Tennessee (Mr. DUNCAN) and told man of the Subcommittee on Aviation. ing defibrillators on airline aircraft. Given the her story to him. He was marvelous As usual, he has been enormously gen- fact that the three largest carriers and Alaska about making it possible to have a erous in sharing the credit on this bill Airlines are already instituting programs for hearing on this situation of people be- with everybody else on the subcommit- this life-saving equipment, I believe that the H1406 CONGRESSIONAL RECORD — HOUSE March 24, 1998 rest of the industry and the Federal Aviation Votes will be taken in the following Johnson, Sam Moakley Scott Jones Mollohan Sensenbrenner Administration need not and should not take order: approval of the Journal, de novo; Kanjorski Moran (VA) Serrano all of this time to decide that all aircraft be H.R. 3211, by the yeas and nays; H.R. Kaptur Morella Shadegg equipped. 3412, by the yeas and nays; and H.R. Kasich Murtha Shaw In the area of liability, this bill takes a very 3096, by the yeas and nays. Kelly Myrick Shays Kennedy (MA) Nadler Sherman reasoned and narrow approach in protecting The Chair will reduce to 5 minutes Kennedy (RI) Neal Shimkus airlines from liability. An airline will not be lia- the time for any electronic vote after Kennelly Nethercutt Shuster ble for its selection of a passenger to use the the first such vote in this series. Kildee Neumann Sisisky Kilpatrick Ney Skaggs defibrillator equipment, if the airline, in good f Kim Northup Skeen faith, believed that the person was qualified to Kind (WI) Norwood Skelton use the equipment. Other than that, the air- THE JOURNAL King (NY) Nussle Smith (MI) line's liability remains the same as it is today. Kingston Obey Smith (NJ) The SPEAKER pro tempore. Pursu- Kleczka Olver Smith (OR) The bill also provides ``Good Samaritan'' ant to clause 5 of rule I, the pending Klink Ortiz Smith (TX) protections for the individual using the equip- business is the question of agreeing to Klug Owens Smith, Adam ment, so long as they are not grossly neg- Knollenberg Oxley Smith, Linda the Speaker’s approval of the Journal Kolbe Packard Snowbarger ligent or engaged in willful misconduct. of the last day’s proceedings. LaFalce Pallone Snyder Again, Mr. Speaker, I urge an ``aye'' vote on The question is on the Speaker’s ap- LaHood Pappas Solomon this bill. proval of the Journal. Lampson Parker Souder Mr. DUNCAN. Mr. Speaker, I yield Lantos Pascrell Spence The question was taken; and the Largent Pastor Stabenow back the balance of my time. Speaker pro tempore announced that Latham Paul Stearns The SPEAKER pro tempore. The the ayes appeared to have it. LaTourette Paxon Stenholm question is on the motion offered by Lazio Pease Stokes Mr. CAMP. Mr. Speaker, I object to Leach Pelosi Strickland the gentleman from Tennessee (Mr. the vote on the ground that a quorum Levin Peterson (MN) Stump DUNCAN) that the House suspend the is not present and make the point of Lewis (CA) Peterson (PA) Sununu rules and pass the bill, H.R. 2843, as order that a quorum is not present. Lewis (KY) Petri Talent amended. Linder Pickering Tanner The SPEAKER pro tempore. Evi- Lipinski Pitts Tauscher The question was taken; and (two- dently a quorum is not present. Livingston Pombo Tauzin thirds having voted in favor thereof) The Sergeant at Arms will notify ab- Lofgren Pomeroy Taylor (NC) the rules were suspended and the bill, Lowey Porter Thomas sent Members. Lucas Portman Thornberry as amended, was passed. The vote was taken by electronic de- Luther Poshard Thune A motion to reconsider was laid on vice, and there were—yeas 368, nays 40, Maloney (CT) Price (NC) Thurman the table. not voting 23, as follows: Manton Pryce (OH) Tiahrt Markey Quinn Tierney f [Roll No 64] Martinez Radanovich Torres YEAS—368 Mascara Rahall Towns b 1400 Matsui Redmond Traficant Abercrombie Christensen Frank (MA) McCarthy (MO) Regula Turner GENERAL LEAVE Ackerman Clayton Franks (NJ) McCarthy (NY) Reyes Upton Aderholt Clement Frelinghuysen Mr. DUNCAN. Mr. Speaker, I ask McCollum Riggs Velazquez Allen Coble Frost McCrery Riley Vento unanimous consent that all Members Andrews Coburn Furse McDade Rivers Visclosky may have 5 legislative days within Archer Collins Gallegly McGovern Rodriguez Walsh which to revise and extend their re- Armey Combest Ganske McHale Roemer Watkins Bachus Condit Gejdenson McHugh Rogers Watt (NC) marks on H.R. 2843, the bill just passed. Baesler Conyers Gekas McInnis Rohrabacher Watts (OK) The SPEAKER pro tempore. Is there Baker Cook Gephardt McIntosh Ros-Lehtinen Waxman objection to the request of the gen- Baldacci Cox Gibbons McIntyre Rothman Weldon (FL) Ballenger Coyne Gilchrest tleman from Tennessee? McKeon Roukema Weldon (PA) Barcia Cramer Gillmor McKinney Roybal-Allard Wexler There was no objection. Barr Crapo Gilman Meehan Rush Weygand f Barrett (NE) Cubin Goode Meek (FL) Ryun White Barrett (WI) Cummings Goodlatte Meeks (NY) Salmon Whitfield RECESS Bartlett Cunningham Goodling Metcalf Sanchez Wise Barton Danner Gordon Mica Sanders Wolf The SPEAKER pro tempore. Pursu- Bass Davis (FL) Goss Millender- Sandlin Woolsey ant to clause 12 of rule I, the Chair de- Bateman Davis (IL) Graham McDonald Sanford Wynn Bentsen Davis (VA) Granger Miller (CA) Sawyer Young (AK) clares the House in recess until ap- Bereuter DeGette Green Miller (FL) Saxton Young (FL) proximately 5 p.m. Berman Delahunt Greenwood Minge Scarborough Accordingly (at 4 o’clock and 1 Berry DeLauro Hall (OH) Mink Schaefer, Dan Bilbray DeLay Hall (TX) minute p.m.), the House stood in recess Bilirakis Deutsch Hamilton NAYS—40 until approximately 5 p.m. Bishop Dickey Hansen Becerra Gutknecht Ramstad f Blagojevich Dicks Hastert Borski Hill Rogan Bliley Dingell Hastings (FL) Brown (CA) Hilleary Sabo b 1700 Blumenauer Dixon Hastings (WA) Clay Hilliard Schaffer, Bob Blunt Doggett Hayworth Clyburn Johnson, E. B. Sessions AFTER RECESS Boehlert Dooley Hefley Costello Kucinich Slaughter Boehner Doolittle Hefner Crane Lewis (GA) Stupak The recess having expired, the House Bonilla Doyle Herger DeFazio LoBiondo Taylor (MS) Bonior Dreier Hinchey Ehlers Maloney (NY) Thompson was called to order by the Speaker pro Boswell Duncan Hinojosa tempore (Mr. PEASE) at 5 o’clock and 2 Ensign McNulty Wamp Boucher Dunn Hobson Fazio Menendez Weller minutes p.m. Boyd Edwards Hoekstra Filner Moran (KS) Wicker Brady Ehrlich Holden f Fox Oberstar Brown (FL) Emerson Horn Gutierrez Pickett Brown (OH) Engel Hostettler ANNOUNCEMENT BY THE SPEAKER Bryant English Houghton NOT VOTING—23 PRO TEMPORE Bunning Eshoo Hoyer Buyer Harman Royce Burr Etheridge Hulshof Cannon Hooley Schiff The SPEAKER pro tempore. Pursu- Burton Evans Hunter Capps Inglis Schumer ant to clause 5, rule I, the Chair will Callahan Everett Hutchinson Chenoweth Jefferson Spratt Calvert Ewing Hyde now put the question on the approval Cooksey Manzullo Stark Camp Farr Istook Deal McDermott Waters of the Journal, on each motion to sus- Campbell Fattah Jackson (IL) Diaz-Balart Payne Yates pend the rules on which further pro- Canady Fawell Jackson-Lee Gonzalez Rangel ceedings were postponed earlier today, Cardin Foley (TX) and then on the bill on the Corrections Carson Forbes Jenkins Castle Ford John b 1723 Calendar, in the order in which that Chabot Fossella Johnson (CT) motion was entertained. Chambliss Fowler Johnson (WI) So the Journal was approved. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1407 The result of the vote was announced sions of clause 5 of rule I, the Chair an- Jackson (IL) Millender- Saxton Jackson-Lee McDonald Scarborough as above recorded. nounces that he will reduce to a mini- (TX) Miller (CA) Schaefer, Dan f mum of 5 minutes the period of time Jenkins Miller (FL) Schaffer, Bob within which a vote by electronic de- John Minge Scott PERSONAL EXPLANATION vice may be taken on each additional Johnson (CT) Mink Sensenbrenner Johnson (WI) Moakley Serrano Mrs. CAPPS. Mr. Speaker, during rollcall motion to suspend the rules on which Johnson, E. B. Mollohan Sessions vote number 64, the Journal, my airplane was the Chair has postponed earlier pro- Johnson, Sam Moran (KS) Shadegg delayed and I was unavoidably detained. Had ceedings. Jones Moran (VA) Shaw Shays I been present, I would have voted ``yes.'' Kanjorski Morella f Kaptur Murtha Sherman f Kasich Myrick Shimkus ARLINGTON NATIONAL CEMETERY Kelly Nadler Shuster REPORT ON RESOLUTION PROVID- BURIAL ELIGIBILITY ACT Kennedy (MA) Neal Sisisky Kennedy (RI) Nethercutt Skaggs ING FOR CONSIDERATION OF Skeen The SPEAKER pro tempore (Mr. Kennelly Neumann H.R. 2589, COPYRIGHT TERM EX- Skelton GOODLATTE). The pending business is Kildee Ney Slaughter TENSION ACT Kilpatrick Northup the question of suspending the rules Smith (MI) Kim Norwood Mr. SOLOMON, from the Committee and passing the bill, H.R. 3211, as Smith (NJ) Kind (WI) Nussle Smith (OR) on Rules, submitted a privileged report amended. King (NY) Oberstar (Rept. No. 105–460) on the resolution (H. Obey Smith (TX) The Clerk read the title of the bill. Kingston Smith, Adam Res. 390) providing for consideration of The SPEAKER pro tempore. The Kleczka Olver Ortiz Smith, Linda the bill (H.R. 2589) to amend the provi- question is on the motion of the gen- Klink Snowbarger Klug Owens sions of title 17, United States Code, tleman from Arizona (Mr. STUMP) that Oxley Snyder Knollenberg Solomon with respect to the duration of copy- the House suspend the rules and pass Kolbe Packard Pallone Souder right, and for other purposes, which the bill, H.R. 3211, as amended, on Kucinich Spence LaFalce Pappas was referred to the House Calendar and which the yeas and nays are ordered. Parker Stabenow LaHood Stearns ordered to be printed. Pascrell This is a 5-minute vote. Lampson Stenholm Pastor f The vote was taken by electronic de- Lantos Stokes Paul Largent Strickland vice, and there were—yeas 412, nays 0, Paxon REPORT ON RESOLUTION PROVID- Latham Stump not voting 19, as follows: Pease LaTourette Stupak ING FOR CONSIDERATION OF Pelosi [Roll No. 65] Lazio Sununu Peterson (MN) H.R. 2578, EXTENDING THE VISA Leach Talent YEAS—412 Peterson (PA) WAIVER PILOT PROGRAM Levin Tanner Petri Abercrombie Clay Filner Lewis (CA) Tauscher Mr. SOLOMON, from the Committee Pickering Ackerman Clayton Foley Lewis (GA) Tauzin Aderholt Clement Forbes Pickett on Rules, submitted a privileged report Lewis (KY) Taylor (MS) Allen Clyburn Ford Pitts (Rept. No. 105–461) on the resolution (H. Linder Taylor (NC) Andrews Coble Fossella Pombo Lipinski Thomas Res. 391) providing for consideration of Archer Coburn Fowler Pomeroy Livingston Thompson the bill (H.R. 2578) to amend the Immi- Armey Collins Fox Porter LoBiondo Thornberry Bachus Combest Frank (MA) Portman gration and Nationality Act to extend Lofgren Thune Baesler Condit Franks (NJ) Poshard Thurman the visa waiver pilot program, and to Baker Conyers Frelinghuysen Lowey Price (NC) Lucas Tiahrt provide for the collection of data with Baldacci Cook Frost Pryce (OH) Tierney respect to the number of non-immi- Ballenger Cooksey Furse Luther Quinn Maloney (CT) Torres Barcia Costello Gallegly Radanovich Towns grants who remain in the United Maloney (NY) Barr Cox Ganske Rahall Traficant States after the expiration of the pe- Manton Barrett (NE) Coyne Gejdenson Ramstad Turner Markey riod of stay authorized by the Attorney Barrett (WI) Cramer Gekas Redmond Upton Martinez General, which was referred to the Bartlett Crane Gephardt Regula Velazquez Mascara House Calendar and ordered to be Barton Crapo Gibbons Reyes Vento Bass Cubin Gilchrest Matsui Riggs Visclosky printed. Bateman Cummings Gillmor McCarthy (MO) Riley Walsh f Becerra Cunningham Gilman McCarthy (NY) Rivers Wamp Bentsen Danner Goode McCollum Rodriguez Watkins ANNOUNCEMENT OF AMENDMENT Bereuter Davis (FL) Goodlatte McCrery Roemer Watt (NC) Berman Davis (IL) Goodling McDade PROCESS FOR H.R. 2400, BUILD- Rogan Watts (OK) Berry Davis (VA) Gordon McGovern Rogers Waxman ING EFFICIENT SURFACE TRANS- Bilbray Deal Goss McHale Rohrabacher Weldon (FL) PORTATION AND EQUITY ACT OF Bilirakis DeFazio Graham McHugh Ros-Lehtinen Weldon (PA) 1997 (BESTEA) Bishop DeGette Granger McInnis Rothman Weller Blagojevich Delahunt Green McIntosh Roukema Wexler (Mr. SOLOMON asked and was given Bliley DeLauro Greenwood McIntyre Roybal-Allard Weygand permission to address the House for 1 Blumenauer DeLay Gutierrez McKeon Rush White Blunt Deutsch Gutknecht McKinney Ryun Whitfield minute and to revise and extend his re- Boehlert Diaz-Balart Hall (OH) McNulty Sabo Wicker marks.) Boehner Dickey Hall (TX) Meehan Salmon Wise Mr. SOLOMON. Mr. Speaker, I have Bonilla Dicks Hamilton Meek (FL) Sanchez Wolf Bonior Dingell Hansen an announcement about BESTEA and Meeks (NY) Sanders Woolsey Borski Dixon Hastert Menendez Sandlin Wynn ISTEA, and all my colleagues should Boswell Doggett Hastings (FL) Metcalf Sanford Young (AK) listen up. Boucher Dooley Hastings (WA) Mica Sawyer Young (FL) Boyd Doolittle Hayworth Mr. Speaker, the Committee on Rules Brady Doyle Hefley NOT VOTING—19 is planning to meet early next week, Brown (CA) Dreier Hefner Cannon Jefferson Schumer maybe as early as Monday, to grant a Brown (FL) Duncan Herger Capps Manzullo Spratt rule to limit the amendments which Brown (OH) Dunn Hill Chenoweth McDermott Stark Bryant Edwards Hilleary may be offered to the BESTEA bill. Gonzalez Payne Waters Bunning Ehlers Hilliard Harman Rangel Yates Any Member who wishes to offer an Burr Ehrlich Hinchey Hooley Royce amendment should submit 55 copies Burton Emerson Hinojosa Inglis Schiff and a brief explanation of the amend- Buyer Engel Hobson Callahan English Hoekstra b ment by 12 noon on Monday, March 30, Calvert Ensign Holden 1734 at the Committee on Rules. Camp Eshoo Horn So (two-thirds having voted in favor Campbell Etheridge Hostettler f Canady Evans Houghton thereof) the rules were suspended and Cardin Everett Hoyer the bill, as amended, was passed. ANNOUNCEMENT BY THE SPEAKER Carson Ewing Hulshof The result of the vote was announced PRO TEMPORE Castle Farr Hunter as above recorded. Chabot Fattah Hutchinson The SPEAKER pro tempore (Mr. Chambliss Fawell Hyde A motion to reconsider was laid on GOODLATTE). Pursuant to the provi- Christensen Fazio Istook the table. H1408 CONGRESSIONAL RECORD — HOUSE March 24, 1998 PERSONAL EXPLANATION Jones Mollohan Scott CORRECTING A PROVISION RELAT- Kanjorski Moran (KS) Sensenbrenner ING TO TERMINATION OF BENE- Mrs. CAPPS. Mr. Speaker, during rollcall Kaptur Moran (VA) Serrano vote number 65, H.R. 3211, my airplane was Kasich Morella Sessions FITS FOR CONVICTED PERSONS Kelly Murtha Shadegg delayed, and I was unavoidably detained. Had Kennedy (MA) Myrick Shaw The SPEAKER pro tempore. The I been present, I would have voted ``yes.'' Kennedy (RI) Nadler Shays pending business is the question of pas- Kennelly Neal Sherman f sage of the bill, H.R. 3096, on which fur- Kildee Nethercutt Shimkus ther proceedings were postponed. Kilpatrick Neumann Shuster SMALL BUSINESS INVESTMENT Kim Ney Sisisky The Clerk read the title of the bill. COMPANY TECHNICAL CORREC- Kind (WI) Northup Skaggs The SPEAKER pro tempore. The TIONS ACT OF 1998 King (NY) Norwood Skeen question is on the passage of the bill on Kingston Nussle Skelton which the yeas and nays are ordered. The SPEAKER pro tempore (Mr. Kleczka Oberstar Slaughter This will be a 5-minute vote. GOODLATTE). The pending business is Klink Obey Smith (MI) Klug Olver Smith (NJ) the question of suspending the rules The vote was taken by electronic de- Knollenberg Ortiz Smith (TX) vice, and there were—yeas 408, nays 0, and passing the bill, H.R. 3412, as Kolbe Owens Smith, Adam amended. Kucinich Oxley Smith, Linda not voting 23, as follows: LaFalce Packard Snowbarger [Roll No. 67] The Clerk read the title of the bill. LaHood Pallone Snyder The SPEAKER pro tempore. The Lampson Pappas Solomon YEAS—408 question is on the motion offered by Lantos Parker Souder Abercrombie Cubin Hamilton the gentleman from Missouri (Mr. TAL- Largent Pascrell Spence Ackerman Cummings Hansen Latham Pastor Stabenow Aderholt Cunningham Hastert ENT) to suspend the rules and pass the LaTourette Paul Stearns Allen Danner Hastings (FL) bill, H.R. 3412, as amended, on which Lazio Paxon Stenholm Andrews Davis (FL) Hastings (WA) the yeas and nays are ordered. Leach Pease Stokes Archer Davis (IL) Hayworth Levin Pelosi Strickland Bachus Davis (VA) Hefley This will be a 5-minute vote. Lewis (CA) Peterson (MN) Stump Baesler Deal Hefner The vote was taken by electronic de- Lewis (GA) Peterson (PA) Stupak Baker DeFazio Hill vice, and there were—yeas 407, nays 0, Lewis (KY) Petri Sununu Baldacci DeGette Hilleary not voting 24, as follows: Linder Pickering Talent Ballenger Delahunt Hilliard Lipinski Pickett Tanner Barcia DeLauro Hinchey [Roll No. 66] Livingston Pitts Tauscher Barr DeLay Hinojosa YEAS—407 LoBiondo Pombo Tauzin Barrett (NE) Deutsch Hobson Lofgren Pomeroy Taylor (MS) Barrett (WI) Diaz-Balart Hoekstra Abercrombie Clyburn Fox Lowey Porter Taylor (NC) Bartlett Dickey Holden Ackerman Coble Frank (MA) Lucas Portman Thomas Bass Dicks Horn Aderholt Collins Franks (NJ) Luther Poshard Thompson Bateman Dingell Hostettler Allen Combest Frelinghuysen Maloney (CT) Price (NC) Thornberry Becerra Dixon Houghton Andrews Condit Frost Maloney (NY) Pryce (OH) Thune Bentsen Doggett Hoyer Archer Conyers Furse Manton Quinn Thurman Bereuter Dooley Hulshof Armey Cook Gallegly Markey Radanovich Tiahrt Berman Doolittle Hunter Bachus Cooksey Ganske Martinez Rahall Tierney Bilbray Doyle Hutchinson Baesler Costello Gejdenson Mascara Ramstad Torres Bilirakis Dreier Hyde Baker Cox Gekas Matsui Redmond Towns Bishop Duncan Istook Baldacci Coyne Gephardt McCarthy (MO) Regula Traficant Blagojevich Dunn Jackson (IL) Ballenger Cramer Gibbons McCarthy (NY) Reyes Turner Bliley Edwards Jackson-Lee Barcia Crane Gilchrest McCollum Riggs Upton Blumenauer Ehlers (TX) Barr Crapo Gillmor McCrery Riley Velazquez Blunt Ehrlich Jenkins Barrett (NE) Cubin Gilman McDade Rivers Vento Boehlert Emerson John Barrett (WI) Cummings Goode McGovern Rodriguez Visclosky Boehner Engel Johnson (CT) Bartlett Cunningham Goodlatte McHale Roemer Walsh Bonilla English Johnson (WI) Barton Danner Goodling McHugh Rogan Wamp Bonior Ensign Johnson, E. B. Bateman Davis (FL) Gordon McInnis Rogers Watkins Borski Eshoo Johnson, Sam Bentsen Davis (IL) Goss McIntosh Rohrabacher Watt (NC) Boswell Etheridge Jones Bereuter Davis (VA) Graham McIntyre Ros-Lehtinen Watts (OK) Boucher Evans Kanjorski Berman Deal Granger McKeon Rothman Waxman Boyd Everett Kaptur Berry DeFazio Green McKinney Roukema Weldon (FL) Brady Ewing Kasich Bilbray DeGette Greenwood McNulty Roybal-Allard Weldon (PA) Brown (CA) Farr Kelly Bilirakis Delahunt Gutierrez Meehan Rush Weller Brown (FL) Fattah Kennedy (MA) Bishop DeLauro Gutknecht Meek (FL) Ryun Wexler Brown (OH) Fawell Kennedy (RI) Blagojevich DeLay Hall (OH) Meeks (NY) Sabo Weygand Bryant Fazio Kennelly Bliley Deutsch Hall (TX) Menendez Salmon White Bunning Filner Kildee Blumenauer Diaz-Balart Hamilton Metcalf Sanchez Whitfield Burr Foley Kilpatrick Blunt Dickey Hansen Mica Sanders Wicker Burton Forbes Kim Boehlert Dicks Hastert Millender- Sandlin Wise Buyer Ford Kind (WI) Boehner Dingell Hastings (FL) McDonald Sanford Wolf Callahan Fossella King (NY) Bonilla Dixon Hastings (WA) Miller (CA) Sawyer Woolsey Calvert Fowler Kingston Bonior Doggett Hayworth Miller (FL) Saxton Wynn Camp Fox Kleczka Borski Dooley Hefley Minge Scarborough Young (AK) Campbell Frank (MA) Klink Boswell Doolittle Hefner Mink Schaefer, Dan Canady Franks (NJ) Klug Boucher Doyle Hill Moakley Schaffer, Bob Capps Frelinghuysen Knollenberg Boyd Dreier Hilleary Cardin Frost Kolbe Brady Duncan Hilliard NOT VOTING—24 Carson Furse Kucinich Brown (CA) Dunn Hinchey Castle Gallegly LaFalce Brown (FL) Edwards Hinojosa Bass Hooley Schiff Chabot Ganske LaHood Brown (OH) Ehlers Hobson Becerra Inglis Schumer Chambliss Gejdenson Lampson Bryant Ehrlich Hoekstra Cannon Jefferson Smith (OR) Christensen Gekas Lantos Bunning Emerson Holden Chenoweth Manzullo Spratt Clay Gephardt Largent Burr Engel Horn Coburn McDermott Stark Clayton Gibbons Latham Burton English Hostettler Gonzalez Payne Waters Clement Gilchrest LaTourette Buyer Ensign Houghton Harman Rangel Yates Clyburn Gillmor Lazio Callahan Eshoo Hoyer Herger Royce Young (FL) Coble Gilman Leach Calvert Etheridge Hulshof Coburn Goode Levin Camp Evans Hunter b 1743 Collins Goodlatte Lewis (CA) Campbell Everett Hutchinson Combest Goodling Lewis (GA) Canady Ewing Hyde Condit Gordon Lewis (KY) Capps Farr Istook So (two-thirds having voted in favor Conyers Goss Linder Cardin Fattah Jackson (IL) thereof) the rules were suspended, and Cook Graham Lipinski Carson Fawell Jackson-Lee the bill, as amended, was passed. Cooksey Granger Livingston Castle Fazio (TX) Costello Green LoBiondo Chabot Filner Jenkins The result of the vote was announced Cox Greenwood Lofgren Chambliss Foley John Coyne Gutierrez Lowey Christensen Forbes Johnson (CT) as above recorded. Cramer Gutknecht Lucas Clay Ford Johnson (WI) A motion to reconsider was laid on Crane Hall (OH) Luther Clayton Fossella Johnson, E. B. Crapo Hall (TX) Maloney (CT) Clement Fowler Johnson, Sam the table. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1409 Maloney (NY) Pease Slaughter vision Relating to Termination of Benefits for interest rate loans. That is called Manton Pelosi Smith (MI) Markey Peterson (MN) Smith (NJ) Convicted Persons. moral hazard. Martinez Peterson (PA) Smith (OR) f Yesterday’s Financial Times, pub- Mascara Petri Smith (TX) lished in the U.K., reported that Euro- Matsui Pickering Smith, Adam REMOVAL OF NAME OF MEMBER pean central bankers agree with my po- McCarthy (MO) Pickett Smith, Linda AS COSPONSOR OF H.R. 981 sition. They attack the bailout prac- McCarthy (NY) Pitts Snowbarger McCollum Pombo Snyder Mrs. MYRICK. Mr. Speaker, I ask tices of the IMF, and they say it will be McCrery Pomeroy Solomon unanimous consent to withdraw my putting forward proposals next month McDade Porter Souder name as a cosponsor of H.R. 981. that would involve commercial banks McGovern Portman Spence at an earlier stage. McHale Poshard Stabenow The SPEAKER pro tempore (Mr. The criticism reflects concern about McHugh Price (NC) Stearns GOODLATTE). Is there objection to the McInnis Pryce (OH) Stenholm the IMF’s handling of the Asia finan- McIntosh Quinn Stokes request of the gentlewoman from North cial crisis. Hans Tietmeyer, president McIntyre Radanovich Strickland Carolina? of the Bundesbank said, the multibil- McKeon Rahall Stump There was no objection. McKinney Ramstad Stupak lion dollar international rescue plans McNulty Redmond Sununu f for Thailand, South Korea, Malaysia Meehan Regula Talent and Indonesia could encourage reckless Meek (FL) Reyes Tanner COMMUNICATION FROM ADMINIS- banking practices. The IMF should re- Meeks (NY) Riggs Tauscher TRATOR OF FIRST CONGRES- evaluate its policies, he said. Menendez Riley Tauzin SIONAL DISTRICT OF PENNSYL- Metcalf Rivers Taylor (MS) Mr. Speaker, I include the following Mica Rodriguez Taylor (NC) VANIA for the RECORD: Millender- Roemer Thomas The SPEAKER pro tempore laid be- [Monday, Mar. 23, 1998] McDonald Rogan Thompson Miller (CA) Rogers Thornberry fore the House the following commu- CRITICISM: EU BANKERS HIT AT IMF ON BAIL- Miller (FL) Rohrabacher Thune nication from Stanley V. White, Ad- OUTS Minge Ros-Lehtinen Thurman ministrator of the First Congressional (By Wolfgang Mu¨ chau and Lionel Barber in Mink Rothman Tiahrt York) Moakley Roukema Tierney District of Pennsylvania: Mollohan Roybal-Allard Torres CONGRESS OF THE UNITED STATES, European Union central bankers have at- Moran (KS) Rush Towns Washington, DC, March 17, 1998. tacked the bail-out practices of the Inter- Moran (VA) Ryun Traficant Hon. NEWT GINGRICH, national Monetary Fund and will be putting Morella Sabo Turner Speaker, forward proposals next month that would in- Murtha Salmon Upton U.S. House of Representatives, Washington, DC. volve commercial banks at an earlier stage. Myrick Sanchez Velazquez The criticism reflects concern about the DEAR MR. SPEAKER: This is to formally no- Nadler Sanders Vento IMF’s handling of the Asia financial crisis. It tify you pursaunt to Rule L (50) of the Rules Neal Sandlin Visclosky also signals the EU’s intention to raise its Nethercutt Sanford Walsh of the House that I have been served with a profile in international financial institutions Neumann Sawyer Wamp subpoena ad testificandum issued by the Ney Saxton Watkins as 11 European countries prepare to adopt a United States District Court for the Eastern single currency next January. Northup Scarborough Watt (NC) District of Pennsylvania, in the case of Ray- Norwood Schaefer, Dan Watts (OK) The US has dominated the policy agenda of Nussle Schaffer, Bob Waxman mond Wood v. David L. Cohen, et al., Case No. the IMF, even though EU countries have a Oberstar Scott Weldon (FL) 96–3707. larger combined shareholding. Obey Sensenbrenner Weldon (PA) After consultation with the Office of Gen- Hans Tietmeyer, president of the Olver Serrano Weller eral Counsel, I have determined that the sub- Bundesbank, speaking after the informal Ortiz Sessions Wexler poena relates to my official duties, and that meeting of EU economies and finance min- Owens Shadegg Weygand compliance with the subpoena is consistent isters at the weekend, said the multi-billion- Oxley Shaw White with the privileges and precedents of the Packard Shays Whitfield dollar international rescue plans for Thai- Pallone Sherman Wicker House. land, South Korea, Malaysia and Indonesia Pappas Shimkus Wise Sincerely, could encourage reckless bank lending. Parker Shuster Wolf STANLEY V. WHITE, ‘‘The IMF should re-evaluate its policies Pascrell Sisisky Woolsey Administrator. and should question itself on how far its pol- Pastor Skaggs Wynn icy generates moral hazard. The IMF should f Paul Skeen Young (AK) consider whether it is better to tackle prob- Paxon Skelton APPOINTMENT OF MEMBER TO lems with large sums of bail-out money or NOT VOTING—23 UNITED STATES CAPITOL PRES- whether it might be better to involve private sector creditors at an earlier stage,’’ he said. Armey Hooley Schiff ERVATION COMMISSION Mr. Tietmeyer said he had drawn up pro- Barton Inglis Schumer Berry Jefferson Spratt The SPEAKER pro tempore. Without posals which he would present to the IMF’s Cannon Manzullo Stark objection, and pursuant to the provi- interim committee at its next meeting on Chenoweth McDermott Waters sions of section 801(b) of Public Law April 16 in Washington. Gonzalez Payne Yates He did not divulge details of the pro- Harman Rangel Young (FL) 100–696, the Chair announces the gramme, but a key element is believed to in- Herger Royce Speaker’s appointment of the following clude regular monitoring of private sector Member of the House to the United debt. b 1751 States Capitol Preservation Commis- At the meeting, EU central bankers also So (three-fifths having voted in favor sion: discussed the possible dangers of electronic money to monetary policy under Emu. thereof) the bill was passed. Mr. WALSH of New York. Smart cards with computer chips are becom- The result of the vote was announced There was no objection. ing increasingly popular, but central bankers as above recorded. f are worried because this is a form of money A motion to reconsider was laid on that operates outside the control of central the table. IMF SHOULD REEVALUATE banks. The bankers are particularly concerned f LENDING POLICIES that the transition period between the (Mr. SAXTON asked and was given PERSONAL EXPLANATION launch of monetary union in January and permission to address the House for 1 the introduction of euro notes and coins in Ms. CHENOWETH. Mr. Speaker, due to minute and to revise and extend his re- 2002 could encourage the use of electronic health reasons and doctor's orders, I missed marks and include extraneous mate- money. rollcall votes 64 and 67. rial.) Mr. Tietmeyer called on the European Had I been here I would have voted: ``Yea'' Mr. SAXTON. Mr. Speaker, during Commission to consider regulating the markets for electronic money and electronic on Roll Call 64, Approval of the Journal; ``Yea'' the past several months, I have warned banking, restricting its use only to estab- on Roll Call 65, H.R. 3211, Regarding Eligi- time and again that the International lished banks bility Requirements for Burial in Arlington Na- Monetary Fund’s lending policies are f tional Cemetery; ``Yea'' on Roll Call 66, H.R. counterproductive. That is because 3412, Small Business Investment Company they lend at rates far below market NO TOLERANCE FOR HATE CRIMES Technical Corrections Act of 1998; and ``Yea'' rates. That practice, in and of itself, (Mr. HILL asked and was given per- on Roll Call 67, H.R. 3096, To Correct a Pro- generates demand for even more low mission to address the House for 1 H1410 CONGRESSIONAL RECORD — HOUSE March 24, 1998 minute and to revise and extend his re- East End Colony near Havre, which is split- thought we needed no more wasted dol- marks and include extraneous mate- ting and establishing Camrose. lars and harassment of the President. rial.) The Havre-area colony acquired several The chairman of this committee, in Mr. HILL. Mr. Speaker, one film area farms, about 8,500 acres, south of the session, sought to reassure me that the which earned an Academy Award nomi- Marias River. The plan is to grow grain and raise livestock ‘‘a few cattle, a few hogs and monies would be used for harmless nation for best picture more than 10 some chickens,’’ Waldner said. oversight of the Department of Justice years ago featured Harrison Ford The value of the building materials lost in and for the noncontroversial reauthor- whose character went to the aid of an the fire totaled about $70,000. Waldner says ization of the Department. It is on the Amish family after they had become the damage to the building itself probably record in the committee. This is in di- entangled in a brutal crime. The film, tops $30,000. rect contradiction to the written state- Witness, was fiction, but it taught us The loss will slow building at Camrose, but ment yesterday of the gentleman from it won’t alter the long-range plan. what we can learn from communities Illinois (Mr. HYDE) in a letter that has like the Amish. It is a sad fact, how- ‘‘We are just going to keep on going,’’ Waldner said, ‘‘We hope the police catch the come to my attention that he has sent ever, that these colonies are often the guy who did this.’’ to the gentleman from California (Mr. targets of scorn and ridicule. So do a number of neighbors. THOMAS), chairman of the Committee In my home State of Montana there ‘‘I don’t like what happened up here,’’ said of House Oversight, to justify this new are similar religious-based colonies Karl Ratzburg, whose property adjoins the windfall by saying that new investiga- known as Hutterites. What has hap- colony. ‘‘I hope they find these people and tors were needed to recycle and dupli- pened to one of them in recent weeks is prosecute them for what they did.’’ cate nearly every independent counsel outrageous. The sheriff said his deputies continue to investigation into the Clinton adminis- check leads on the arson, and he notified the The FBI has been asked to inves- tration, from fundraising to allegations tigate a fire which was deliberately set FBI of the incident. The FBI declined comment on any involvement on its part. at the Department of Energy and the in the timber supply of a new Hutterite Kaufmann, the network’s research direc- Department of the Interior. These mat- colony in Montana. Damage is esti- tor, has written the FBI and U.S. Attorney ters have already been overinves- mated at $100,000. Sherry Matteucci asking the agency to ac- tigated, but they directly contradict There have been other attempts to tively investigate the colony fires. the purpose for which these funds are harass colony members, which is equal- Margie MacDonald, executive director of being authorized by the committee. ly disturbing. the Montana Association of Churches, said I have never received a letter about Mr. Speaker, Montanans will not she hoped residents in the area will rally be- this in my career. This is a unilateral hind the colony. stand for these sorts of hate crimes. We Republican action to which I take total welcome people of all religious back- ‘‘We are real concerned about the mag- nitude of violence up there.’’ MacDonald exception. There has been stealth in grounds with open arms, and I urge said, ‘‘Arson of any sort is pretty appalling.’’ correspondence, there have been inter- Federal officials to use all means at MacDonald said she hopes area pastors will nal contradictions. But I must now their disposal to assure the safety and work to develop a community response to come to the House and report that the the welfare of these citizens. It is the the colony crimes, which seem to be rooted Republican leadership is planning to very least we can do. in religious intolerance. Pastors were a key surreptitiously commence to staff for Mr. Speaker, I include the following part of the strong backlash against hate an impeachment investigation without crimes that targeted Jewish families in Bil- for the RECORD: any notice to the Congress, to the [From the Billings Gazette, Mar. 23, 1998] lings in 1993, she noted. ‘‘What we hope to see is some strong com- Democrats on the Committee on the FBI ASKED TO INVESTIGATE HUTTERITE FIRE munity response.’’ MacDonald said. ‘‘People Judiciary, or to the American people, BLAZE DELIBERATELY SET, FIRE OFFICIALS SAY; really can’t be silent when something like without a vote from the House of Rep- HUMAN RIGHTS GROUPS DESCRIBE INCIDENT this happens.’’ resentatives. AS HATE CRIME f I urge the gentleman from Georgia Ledger (AP)—Fire officials say a blaze in a (Speaker GINGRICH), with all respect, to lumber shed at a fledgling Hutterite colony SPECIAL ORDERS rethink this dangerous, radical politi- in north-central Montana was arson, and it may be a hate crime aimed at the religious The SPEAKER pro tempore (Mr. cal strategy. It is outrageous that we sect. GOODLATTE). Under the Speaker’s an- are being told publicly one thing by the The fire two weeks ago charred lumber in- nounced policy of January 7, 1997, and gentleman from Illinois (Chairman tended to build housing at the new Camrose under a previous order of the House, HYDE) when his letter to his own lead- Colony, near Ledger in southeastern Toole the following Members will be recog- ership is saying something else en- County. Investigators say the fire was clear- nized for 5 minutes each. tirely different: More money to inves- ly arson. tigate the President. The fire took 13 hours and 38,000 gallons of f Why can the majority not just admit water to extinguish. Damage was estimated WASTED MONEY ON IRRELEVANT at about $100,000. it, rather than hiding under these Toole County Sheriff Vern Anderson said INVESTIGATIONS cloaks and misstatements. Members of the fire appeared to be an attempt to intimi- The SPEAKER pro tempore. Under a the House will get no opportunity to date colony members, who have bought sev- previous order of the House, the gen- vote on this massive increase of funds. eral farms in the area within the past few tleman from Michigan (Mr. CONYERS) is When I explained that the Speaker weeks. recognized for 5 minutes. agreed with this request in a cover let- ‘‘It appears that we’ve got somebody dis- gruntled that the colony people have pur- Mr. CONYERS. Mr. Speaker, tomor- ter, the gentleman from Illinois (Mr. chased that property,’’ Anderson said. But he row the Committee on House Oversight HYDE) asked that he not be saddled shied from describing the fire as a hate is expected to give $1.3 million to the with the Speaker’s words. crime. House Committee on the Judiciary for So today, Mr. Speaker, I will release ‘‘Those are some of the words that are an enlarged congressional staff to in- to the press the words of the gentleman floating around here,’’ Anderson said: ‘‘It’s vestigate President Clinton. The Amer- from Illinois (Chairman HYDE) justify- hard for me to say.’’ ican people are tired of this waste, and ing this new congressional surplus of The Montana Human Rights Network is less reticent. so am I, and this is from a leadership money and staff and resources, and let ‘‘It’s got a lot of the classic elements of a that promised to trim congressional the American people judge for them- hate crime,’’ said Christine Kaufmann. The staffs. selves. network’s research director, ‘‘A group that is Mr. FRANK of Massachusetts. Mr. b 1800 different in some way is singled out in the Speaker, will the gentleman yield? community. It seams to be clearly an effort Now, what is amazing to me is the Mr. CONYERS. I yield to the gen- to prevent them from establishing a colony exchange between the chairman, the tleman from Massachusetts, the rank- in the area.’’ gentleman from Illinois (Mr. HENRY ing subcommittee chairman. The fires and a spate of vandalism, including damage to vehicles and grain bins, have HYDE), myself, and the gentleman from Mr. FRANK of Massachusetts. Mr. 1 left colony members shaken. Massachusetts (Mr. FRANK) only 1 ⁄2 Speaker, I thank the ranking member, ‘‘We just took it over about three weeks hours ago in the Committee on the Ju- and I think he is performing a very im- ago,’’ said Joe Waldner, a spokesman for the diciary, when I explained that I portant service. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1411 I know as the second ranking minor- Mr. CONYERS. Mr. Speaker, here is thought that I was entering into has ity member that neither he, I, nor any what the justification submitted to the been shattered. Perhaps it can be re- other Members have been consulted. Committee on House Oversight said: placed. But I want the entire Congress We have read a lot in the paper about ‘‘The Committee on the Judiciary con- to know that these unilateral Repub- what the Committee on the Judiciary templates an investigation of the De- lican shenanigans, whether they come was going to do, what it would not be partment of Justice’s investigation, from the Speaker or from the chairman allowed to do, how it was going to be with an emphasis on the need for an of the Committee on the Judiciary, bypassed. independent counsel.’’ work an extreme disservice on the To have this funding request come They go on to point out that the 17 processes that are within the jurisdic- forward, it is over a $1 million, some of Republican members have written a tion of the Committee on the Judiciary which would be presumably assigned letter to the Attorney General and that in the House. the minority, with no consultation is a their plans include the following: The f problem. And the problem is com- Department of Justice Public Integrity The SPEAKER pro tempore. Under a pounded because the chairman of the Section and Campaign Fundraising previous order of the House, the gen- Task Force has been plagued with con- committee did say there would be con- tleman from Illinois (Mr. EWING) is rec- sultation, but the consultation he dis- flicts of interest, et cetera. In the Chip- ognized for 5 minutes. cussed was on a subject that appears to pewa casino matter the Department of (Mr. EWING addressed the House. His be different. Justice is acting as the criminal pros- remarks will appear hereafter in the ecutor. Extensions of Remarks.) f Further on, the fundraising inves- The SPEAKER pro tempore (Mr. BOB tigations, the last time the Committee f SCHAFFER of Colorado). Under a pre- on the Judiciary sought an appoint- THE TAXPAYER BILL OF RIGHTS vious order of the House, the gen- ment of an independent counsel was on III tleman from California (Mr. RIGGS) is the Health Care Task Force. The SPEAKER pro tempore. Under a recognized for 5 minutes. Mr. FRANK of Massachusetts. Mr. previous order of the House, the gen- (Mr. RIGGS addressed the House. His Speaker, if the gentleman would allow tleman from Pennsylvania (Mr. FOX) is remarks will appear hereafter in the me, as he is making clear from reading recognized for 5 minutes. Extensions of Remarks.) this, nothing in here deals with the on- Mr. FOX of Pennsylvania. Mr. Speak- f going responsibilities of the Depart- er, I rise to bring to the attention of ment of Justice, which was the stated CONFUSION SURROUNDING RE- my colleagues the importance now of purpose for this funding from the the passing of the Taxpayer Bill of QUEST OF COMMITTEE ON THE chairman. Maybe the chairman thinks JUDICIARY Rights III. We know that it was not it is for one thing and the Speaker is, that long ago the Senate Finance Com- The SPEAKER pro tempore. Under a to use his phrase, saddling him with mittee had hearings wherein IRS previous order of the House, the gen- another purpose. agents, presently working for the agen- There ought to be a public hearing. I tleman from Massachusetts (Mr. cy, as well as taxpayers, came forward would think the ranking minority FRANK) is recognized for 5 minutes. to talk about the problems of abuse, member ought to have a chance to go Mr. FRANK of Massachusetts. Mr. the problems of mom and pop stores Speaker, the point is that the justifica- before the committee and talk about that money, whether it is needed, what being levied with fines and with pen- tion that the chairman mentioned, the alties for violations that had not oc- consultations that have been held with it ought to be used for. Mr. CONYERS. Mr. Speaker, I would curred, but they had paid them, none- staff of the minority and the majority, theless, out of fear of the agency going apparently are irrelevant to the re- say to my friend, the gentleman from Massachusetts, if anybody in this after them, and yet these people do not quest tomorrow. have attorneys or CPAs to help them. So I would hope, and I would think House thinks that any serious investigation of the White House or this ad- My Taxpayer Bill of Rights legisla- the ranking minority member would ministration can begin on a partisan tion, which has enjoyed bipartisan sup- agree with me, that we could get the basis, as this is appearing to be, I think port, is, frankly, a bill that is going to Committee on House Oversight to hold they are dooming it to a total failure. move forward in this respect to change off voting this kind of money until The notion that anything remotely re- the burden of proof to make sure that there could be a public hearing. sembling impeachment activity be sent taxpayers will now be presumed inno- There appears to be a fundamental to any committee other than the Com- cent, and the Commissioner of the IRS confusion, at best, about $1.3 million. mittee on the Judiciary is a clear sig- will have the burden of proving other- Is it money that is to redo the inves- nal that something is wrong. wise, instead of the reverse, the way it tigation of the independent counsel? Is Mr. FRANK of Massachusetts. I is now. it money to check up on whether the would ask the ranking minority mem- It also will say, no more quotas for Attorney General has appropriately ber, has there been any conversation IRS investigations, no more quotas for dealt with the independent counsel? Or on the part of any member of the ma- IRS audits, no more fishing expeditions is it for the reauthorization of the Jus- jority, from the Committee on the Ju- where taxpayers live in fear of the IRS, tice Department? diciary or elsewhere, with the gen- no more random audits, and, more im- What the chairman told us today was tleman dealing with how we might re- portantly than the ones I have already one justification, but the letter that he spond to Independent Counsel Starr? mentioned, the fifth provision of the and the gentleman from Georgia Mr. CONYERS. No. Not only has that bill says that, in fact, if the IRS is (Speaker GINGRICH) sent to the chair- not happened, but I have been assured overreaching or causes a legal business man of the committee is entirely about repeatedly, and I am sorry to have to or individual loss in an unfair way to something else. We ought not to have put this into the RECORD now, that I any constituent, then they would be re- $1,300,000 so casually used. would be kept abreast of all develop- sponsible for reimbursing that tax- We also ought to stop what appears ments connected with this, because I payer. to be a two-track operation in which have repeatedly been hearing in the Moreover, there would be whistle- the ranking minority member is told media what they were trying to do. As blower protection. If in fact an individ- one thing about the operation of the a matter of fact, a January letter re- ual comes forward to talk about an IRS Committee on the Judiciary when questing this money was brought to me violation by an agency employee or the other conversations are going on. by a member of the press when I told agency itself, then they will not be au- There is a partisan tinge to this which them I had never seen it before. This dited just out of retribution. Moreover, is inappropriate when dealing with the document I did not see until after the the bill calls for mediators to be pro- most significant things we can deal hearing of the full Committee on the vided in case someone wants to settle a with. Judiciary late this afternoon. claim. Mr. Speaker, I yield to the gentleman So it is with some sadness that I These are all commonsense provi- from Michigan (Mr. CONYERS). make public that the agreement that I sions to make the IRS more taxpayer- H1412 CONGRESSIONAL RECORD — HOUSE March 24, 1998 friendly. We know very well that the of 619 wins. No other coach in Illinois CONGRESS MUST FACE UP TO SE- employees of the agency work very has even 500 victories in girls’ basket- RIOUS PROBLEMS IN SOCIAL SE- hard to do a good job, but the burden of ball. CURITY proof and other items within the tax The SPEAKER pro tempore (Mr. BOB code and within the tax system have b 1815 SCHAFFER of Colorado). Under a pre- made it difficult to have anything but No other coach has been in as many vious order of the House, the gen- an adversarial relationship between the State tournament final games as her tleman from Michigan (Mr. SMITH) is IRS employees and the taxpayers they nine, or won as many titles as her six. recognized for 5 minutes. are supposed to work for. Mr. SMITH of Michigan. Mr. Speak- Her team has played more games, won The fact is out of 100,000 tax employer, this last Saturday, the Pew Founda- more games, and even lost more games ees that the IRS has, there are only 43 tion, responding to the President’s in the Elite Eight than anyone else’s in taxpayer advocates. That is certainly comments in the State of the Nation girl’s basketball history. Of the 14 girl an imbalance there, Mr. Speaker, that address, had a forum where 10 cities in tournament coaching records, Coach we need to correct. I know that work- the United States were linked together Gaters owns 10 of them outright and is ing with our Senate colleagues in a bi- in interactive television. In each one of tied with Teutopolis’s Dennis Koester partisan fashion, we can make the IRS those cities there were 10 tables. At two other categories. an agency that will be fair to the pub- each table there were 10 participants Before girls basketball was sanc- lic while still making sure that taxes talking about the problems of Social tioned by the Illinois High School As- are collected, but in a fair and respon- Security and what we might do with sociation, Coach Gaters was there from sible way that will make sure that the Social Security. the beginning when young women who American taxpayer will not be violated One thing that came from almost all loved the game could compete only in in any way, shape, or form. the cities was that we should stop clubs and intramural contests. She and using the Social Security trust fund f her teams grew with the sport and money to mask the deficit and that we The SPEAKER pro tempore. Under a today it is as fully recognized as any should stop using, taking that money, previous order of the House, the gentle- boys’ sport, with its own State cham- and in return giving nonmarketable woman from California (Ms. WOOLSEY) pionship. And all along, the Lady Com- IOUs. is recognized for 5 minutes. mandos were role models of excellence One point I made on Friday night, (Ms. WOOLSEY addressed the House. and perseverance and an inspiration to the Pew Foundation called me and said Her remarks will appear hereafter in all the other teams. that they understood the President had the Extensions of Remarks.) Coach Gaters’ response to all the requested time and asked if I would f numbers and all the fawning is consist- like to also have 12 minutes of time ent with her straightforward approach making my comments as far as the sit- TRIBUTE TO GIRLS’ BASKETBALL in coaching: ‘‘It says I have been uation with Social Security. The first COACH DOROTHY GATERS around a long time. I care about it be- thing I said was my concern about The SPEAKER pro tempore. Under a cause it will be a victory, not nec- using Social Security trust fund money previous order of the House, the gen- essarily because it is number 597. I to really mask the deficit. tleman from Illinois (Mr. DAVIS) is rec- have never really been one to count the Mr. Speaker, I suggested that we ognized for 5 minutes. games.’’ really did not have a surplus in this Mr. DAVIS of Illinois. Mr. Speaker, Mr. Speaker, we both know that the country and that only because this cur- as we continue with the celebration of Illinois High School Association rent year we are borrowing about $85 Women’s History Month, I am re- counts, and it listed the Marshall billion from the Social Security trust minded of the fact that it takes great coach with 597 victories against 70 fund, next year we are going to be borrowing closer to $100 billion from the teachers to make great schools. losses entering this, her 23rd season as Social Security trust fund, that bor- I rise today to recognize one of the coach. That was then. Today it is 619 rowing is what is allowing us to say great female coaches of girl basketball wins to 70 losses. And according to the that we have a balanced budget. of all time, Coach Dorothy Gaters. national high school statistics, Coach I think it is very important that we Coach Gaters coaches the Lady Com- Gaters ranks among the top 20 coaches stop, in effect, hoodwinking the Amer- mandoes, a Marshall High School girls of all time in number of victories. She ican people. Even though it is nice to basketball team on the West Side of was inducted into the Illinois Basket- brag about a balanced budget, the fact Chicago, located in the Seventh Con- ball Coaches Association Hall of Fame is that the only reason we are pretend- gressional District. in 1996, and while her basketball team ing the budget is balanced is because Dorothy Gaters graduated from Mar- is nothing short of amazing, they have we are borrowing all of this money shall High School in 1964, and went on also succeeded academically. Ninety- from the Social Security trust fund. to attend DePaul University, where she five percent of the players who started I told the people, I was at Cobo Hall graduated with a Bachelor’s Degree in with Coach Gaters went to colleges in Detroit in Michigan, and I suggested 1968. She received her Master’s Degree and/or universities. Over three fourths that there has got to be several guide- from Governor State University and of them have graduated. Several of lines as we proceed in making sure that began teaching at Marshall High Coach Gaters’ former players are now Social Security stays solvent. Number School in 1969. coaches at various institutions. Marie one, that it be bipartisan. Number two, Coach Gaters has not rewritten but Christian coaches at California-Berke- that all possible solutions be kept on has simply written the record book ley; Kimberly McQuarter at Chicago the table. Number three, that we do when it comes to girls’ basketball in State University; Trinette Wright is an not reduce the benefits for existing re- the State of Illinois. Coach Gaters has assistant coach at Chicago State Uni- tirees or near retirees. Number four, been coaching in the Chicago Public versity; and Jennifer Jones coaches at that we have some kind of a system League at Marshall High School since Manley High School. where our kids and our grandkids and 1976. Other players went on to play in the their kids and grandkids can expect re- During this time, she has won six Women’s National Basketball Associa- tirement accounts that are going to State titles, three State runner-ups, tion. Kim Williams plays for the Utah last them through what is expected to three third places, and three fourth STARZZ; Toni Foster is with the Phoe- be an even longer life span, and that we places in State tournaments. She cur- nix-MERCURY; and Janet Harris plays have a system that is fair and equi- rently holds eight State records: 17 for the Charlotte STING. table. That we not privatize the sys- tournament appearances, 15 AA tour- Mr. Speaker, I congratulate Coach tem, but rather that we have a system naments, nine title game appearances, Dorothy Gaters and the Lady Comman- that allows forced savings and invest- 13 class AA consecutive tournament dos of Marshall High School who have ments in accounts that are owned by appearances, and three consecutive demonstrated that academic excellence the individual workers that can accrue title game appearances, to name a few. coupled with athletic prowess is the dividends throughout their working In 22 years, Coach Gaters has a record order of the day. lifetime. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1413 I pointed out an interesting fact from that watch the Federal Reserve Board, ary in goods alone, was $18.8 billion. what has been suggested by the Tax and those urgings are that the Federal That is a record for a single month. We Foundation, and that relates to the Reserve should increase interest rates. have never had a trade deficit for goods fact that there is unlikely to be a posi- If they do so, that would be a very seri- alone as high as $18.8 billion ever be- tive return on the money that is paid ous mistake. It would be a serious mis- fore. That is up by more than a billion into Social Security by the employee take if these times were ordinary or dollars from $17.7 billion in December and the employer. They estimate that normal. But, in fact, they are not ordi- of last year. So we see already that the anybody that retires after the year 2000 nary nor normal, for we are beginning trade deficit in goods is going up and will have a return of between a nega- to experience the profound negative going up substantially. tive one-half percent and a negative 11⁄2 economic consequences of the financial As that trade deficit goes up, as the percent. Another way of saying the se- crisis that is sweeping across east Asia. full effect of the overproduction in rious dilemma of Social Security is I say we are ‘‘beginning’’ to feel those East Asia comes into our market, the that if a worker retires after the year effects, and we will continue to feel price of our goods is going to drop. of 2015, then they are going to have to them and the full brunt of those effects That is going to cost us jobs. It is esti- live 26 years after they retire in order will not express themselves on our mated that the cost in jobs could be as to break even and just get back the economy until some time later this much as 1 million. We could lose as money they and their employer put in. year, perhaps within the next 6 months many as 1 million jobs in our economy as a result of the financial crisis in Part of the problem is that when we to a year. started Social Security as a pay-as- The effect of the downturn result east Asia if we fail to act. One of the most important ways you-go program where existing workers from this financial crisis in east Asia is available to us to act to head off this pay in their tax to pay for the benefits going to be to suppress prices, and it is substantial loss in economic growth, of existing retirees, the average age of estimated that it will cost us substan- death in this country in 1935 was 61 the substantial increase in the trade tially in terms of our own economic deficit, and the substantial loss in jobs years old. That meant most people growth. never lived long enough to collect any- is through our monetary policy. The Our economic growth rate now, Federal Open Market Committee has thing from Social Security, but simply which is in excess of 3 percent, could paid in their money. the ability to control monetary policy, fall by more than 2 percentage points. and they can lower interest rates next Now the average age of death is 74 In other words, we could be experienc- years old for a male and 76 years old Tuesday when they meet. ing economic growth of only 1 percent I am now circulating a letter to the for a female. But if Americans are, I or, at worst, our economic growth will say, lucky enough to live to retire- Members of the House asking them to could fall into the negative range. join me in this letter to the Chairman ment age, age 65, then on the average We can begin now to buttress our they are going to live another 20 years. of the Federal Reserve Board, Alan economy from the negative effects of Greenspan, asking him to exert his in- At the same time, we have more people the financial crisis sweeping across living longer, we are seeing a larger fluence in the Federal Reserve and in east Asia if we act now. One of the the Federal Reserve Open Market Com- population that are retired because of ways, one of the most important ways the decline in the birth rate after the mittee to lower interest rates. It is that we can act is for the Federal Re- critical that we do so in order to head baby boomers of World War II, and we serve now to lower interest rates. In- have a smaller and smaller number of off the dire consequences of this eco- terest rates at this particular moment nomic crisis. people working. are high by historical standards, high In 1942 we had 40 people working, f in real terms; in other words, high in paying in Social Security tax for each terms of inflation. The inflationary b 1830 retiree. By 1950 it got down to 17 peo- rate currently in our economy is essen- ple. Today guess what it is. Today, Mr. H–1B PROGRAM tially zero. We are experiencing vir- Speaker, it is three people working, The SPEAKER pro tempore. Under a tually no inflation whatsoever. Never- paying in their tax for each retiree, previous order of the House, the gen- theless, real interest rates are abnor- and what has happened is that we keep tleman from Pennsylvania (Mr. KLINK) increasing the Social Security tax on mally high in that particular context. is recognized for 5 minutes. Mr. Speaker, people will remember that fewer number of workers. Mr. KLINK. Mr. Speaker, several Since 1971 we have increased the So- that in 1994 and 1995, the Federal Re- years ago when we were debating on cial Security tax 36 times. More often serve raised interest rates six times the floor of this House the North Amer- than once a year, we have increased during that period. Back then, that was ican Free Trade Agreement, we were the rate or the base. a mistake and it cost us in terms of our being told by those who were pro- Mr. Speaker, in concluding, I suggest economic growth. We would have re- ponents of that agreement that we that we face up to the very serious covered from the recession more fully would lose some low-skill, low-income problem that is facing us, both in So- and more quickly if the Federal Re- jobs in this country, but that as we cial Security, in Medicare, and that we serve had not raised those interest move from an industrial society more not continue to put off the solutions rates. But they did so. And those raised toward an information technology soci- but start talking about the best pos- interest rates now stand. ety, those people who lost those jobs sible ways to do it, and we do it as Mr. Speaker, we have interest rates would receive training, would receive quickly as possible. today that are higher than they ought opportunities in jobs that would pay f to be, and the Federal Reserve should more money in those information tech- lower them. They should lower them in nologies. URGING THE FEDERAL RESERVE any case, but particularly they should Well, lo and behold, we have moved TO LOWER INTEREST RATES lower them in light of the fact that we to information technologies and now The SPEAKER pro tempore. Under a are going to feel these profound con- the Information Technology Associa- previous order of the House, the gen- sequences from the economic crisis tion of America said we are growing so tleman from New York (Mr. HINCHEY) sweeping across east Asia. fast we cannot fill these jobs. And so, is recognized for 5 minutes. What are those profound con- under a very little-known program, lit- Mr. HINCHEY. Mr. Speaker, on Tues- sequences? They will be, as I have indi- tle known by most legislators and few day of next week, March 31, the Fed- cated, a substantial loss in the rate of Americans, it is called the H–1B Pro- eral Open Market Committee of the our economic growth. They will have gram, they now want to import foreign Federal Reserve Board will meet. This the effect of depressing prices for goods workers into our country to take those is a critically important meeting, for manufactured in the United States. jobs. out of this meeting the FOMC will rec- They will increase our trade deficit. I simply ask, Mr. Speaker, what kind ommend short-term interest rates for Mr. Speaker, the trade deficit in of jobs are we supposed to give those the foreseeable future. goods alone is already increasing displaced Americans who have lost There are urgings coming to the Fed- markedly, one might say dramatically. their jobs? What jobs are we supposed eral Reserve now from monetarists The trade deficit, for example in Janu- to give to those kids who are coming H1414 CONGRESSIONAL RECORD — HOUSE March 24, 1998 out of college, out of high school, out at a Ph.D. level. But by the time this youth in their districts. Specialized of career training right now if we are program was in place, the Berlin Wall curricula and scholarships would assist importing workers to take the jobs had fallen, there was an economic students in filling future information that are being created in this Nation? downturn, we had gone into a reces- technology jobs. Now, there is a flaw, of course, in sion, downsizing was rampant in de- My district is driven by technology; this rationale. Even the GAO in a re- fense and other industries, and we real- and so we see firsthand not having port that they released yesterday said ly never needed the program. The peo- enough people trained in this country. that the Department of Commerce, in ple that were proponents of this pro- And, yes, people are being brought in agreeing with the industry, and the in- gram were primarily the National and information is being developed dustry in releasing their information, Science Foundation and some industry outside this country, but not because used flawed data. There is not, appar- groups. of trade and not because of avoiding ently, according to many of us, the se- But the information technology com- any other type of barrier. It is simply vere shortage that cannot be filled by panies have gotten smart. They said, because we do not have them available retraining Americans and by training here is a program, we can import work- right now. Americans to take those jobs. ers; and in fact they become indentured So specifically, the IT Partnership First of all, let me tell my col- servants. We own them. If they com- Grant focuses on math and science cur- leagues, there is no universally accept- plain about the work hours, if they ricula for students in grades 10 through ed definition of what is an information complain about the salary, if they com- 12 and offers internships and scholar- technology worker. There also is no plain about the benefits, we will send ship opportunity for students majoring universal definition as to what training them back to the country they came in fields relating to information tech- is required for those jobs. And, so, the from. And what has happened is, we nology. Under this program, eligibility industry in standing up and crying have seen tremendous numbers of lay- for the IT Partnership Grant is limited ‘‘wolf’’ and crying, like Chicken Little, offs of American workers while these to the cities with the largest number of that ‘‘the sky has fallen,’’ that they foreign workers have been brought into school age children, ages 5 to 17, living have got these millions of jobs that this country. This needs to be looked in economic poverty as determined by they cannot fill, defined very broadly at. the 1990 census. what is an information technology And I would ask, Mr. Speaker, that The following cities are eligible for worker and very narrowly what kind of other Members of this House would this grant: Atlanta; Baltimore; training would be required to fill those look at this program and we can stand Bayamo; Boston; Chicago; Cincinnati; jobs. They seem to require right now up for American workers and get train- Cleveland; Columbus, Ohio; Dallas, that if you do not have a Bachelor’s de- ing and retraining for our workers for Texas; Detroit; El Paso; Fresno; Hous- gree in computer science or informa- these jobs. ton; Indianapolis; Jacksonville; Los tion science you cannot fill those jobs. f Angeles; Memphis; Miami; Milwaukee; Well, that is crazy. Because in 1993, New Orleans; New York City; Phoenix; only 25 percent of the workers across INFORMATION TECHNOLOGY Philadelphia; Ponce; San Antonio; San this Nation who were working in infor- PARTNERSHIP ACT Diego; San Juan; and St. Louis. mation technology actually had a BA The SPEAKER pro tempore. Under a The grant awards five local education in computer or in information science. previous order of the House, the gentle- agencies $300,000 to develop math, Many of the other workers had degrees, woman from Texas (Ms. EDDIE BERNICE science, and technology curricula for but they had degrees in business, in so- JOHNSON) is recognized for 5 minutes. grades 10 through 12 and to train teach- cial science, in math, engineering, psy- Ms. EDDIE BERNICE JOHNSON of ers in technology. That is a problem we chology, economics, education. They Texas. Mr. Speaker, I think my col- have throughout this Nation. were smart people. They had training league has pointed out a problem, and In order for the local education agen- and could be retrained to take these I think there is at least one other. cies to win this grant, they must enter jobs in what is a burgeoning industry. There are 346,000 unfilled information into a partnership with businesses in We project between 1996 and the year technology jobs nationwide. And one of their community. These businesses 2006 we will need 1.3 million workers in the problems is that the results of the would commit to provide to the local information technology; 1.1 million of Third International Mathematics and education agencies a minimum of at those workers will be needed because of Science Study, called the TIMSS, least internships, scholarships, and the growth alone. The wages for infor- shows that American high school sen- mentoring programs and computer mation technology workers are in- iors rank near the bottom in math and products. Local businesses would prom- creasing, but they are increasing only science education when compared to ise the local education agencies schol- because the market calls for an in- their international counterparts. arship money, which would be awarded crease, and they are increasing no I am attempting to find a solution, so to high school seniors. You see, be- more than the wages for the general I have introduced House Resolution cause these businesses have a stake, public. 3496 that was heard in committee their future depends on having quali- Now the ITAA, this Information today, the Information Technology fied people to do the job, and seniors Technology Association of America Partnership Act, which creates an ad- who would be majoring in these fields that wants to use this little-known ditional grant program through the associated with information tech- program now to import workers to this National Science Foundation and the nology, that is, math, computer country to take these new jobs in a Urban Systemic Initiative Program. science, and engineering at 2- and 4- growth industry, sent out a sampling The Urban Systemic Initiative Pro- year colleges. The partnership between to 2,000 industries. Only 14 percent of gram focuses primarily on math and the local education agencies and local those industries responded, and on that science by using mentor teachers to business sponsors would determine the 14-percent response, they are basing help educators introduce an innovative amount and the number of scholarships their request to import workers into and engaging math and science cur- given. this country to take those jobs. riculum to K through 12 students in the It is important to note that the local Mr. Speaker, it would take a 75-per- inner city. education agencies will have direct recent response to make a credible ex- The IT Partnership, that is, the in- sponsibility for overseeing the pro- trapolation on a nationwide basis, a formation technology partnership gram, and the National Science Foun- nationwide generalization as to how grant is aimed at improving scientific dation’s role is limited to determining many workers we need and where they and mathematical literacy of all stu- which 5 cities meet the criteria for eli- have to come from. dents in urban communities while fos- gibility. We would like to award them Let me tell my colleagues about this tering a student’s career in the infor- all, but are trying to think about stay- program, the origination of the H–1B mation technology field. This partner- ing in the budget even though we are program. This was established in 1990 ship consists of local education agen- not doing what we should for education to alleviate an anticipated shortage of cies and local businesses investing in if we are going to have a cutting-edge scientists and engineers, particularly the educational development of the Nation in the future. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1415 The National Science Foundation di- In November 1989, Neighbor to Neigh- walkout that forced the Lurline empty and si- rector will award the IT Partnership bor, a national grass-roots human lent for 6 months in solidarity with an ILWU Grants to 5 cities with the best pack- rights organization based in San Fran- strike in the massive sugar cane fields of Ha- age of business sponsorship and cur- cisco, launched a boycott of Salva- waii. ricular development. In addition, prior- doran coffee to apply economic pres- In 1953, he joined Warehouse Local 6 in ity will be given to those local edu- sure on the Salvadoran Government San Francisco. In 1956 he moved to Ship cation agencies that grant scholarships and the coffee growers, many of whom Clerk's Local 34, where he was elected vice to students who are first generation had founded and funded the notorious president in 1960 and president 1 year later. college students. death squads. The boycott was trig- He was re-elected every 2 years thereafter, I hope, Mr. Speaker, that we can get gered by the murder of 6 Jesuit priests until his election to the presidency of the ILWU up support for this legislation. Because and the bombing of a Salvadoran trade in 1977. there are companies, and I have many union federation. His leadership was characterized by the in my district, that are screaming out My chief of staff in San Francisco, continuation of the rank and file style of the for these people to be qualified so they Fred Ross, was the head of Neighbor to leadership which had characterized the ILWU can give them jobs. Neighbor at that time. So I was well during Bridges' years. Under Jim Herman's f aware of Jimmy’s leadership and in- leadership, through five sets of negotiations, JIMMY HERMAN—WARRIOR FOR volvement. Under Jimmy’s leadership, the daily wage of longshoremen more than JUSTICE the ILWU strongly endorsed the coffee doubled, and the maximum monthly pension boycott. The members honored picket benefit tripled. The SPEAKER pro tempore. Under a lines on the docks of San Francisco, In 1988, he steered the ILWU toward affili- previous order of the House, the gentle- Vancouver, B.C., Seattle, and gave the ation with the AFL±CIO, ending a long chapter woman from California (Ms. PELOSI) is Cindad de Buenaventura ship loaded of exclusion which had benefited neither the recognized for 5 minutes. ILWU nor the Nation's labor movement. Ms. PELOSI. Mr. Speaker, sadly I with 43 tons of Salvadoran coffee a Throughout his presidency he was the ILWU's rise to call to the attention of my col- final rejection in Long Beach, forcing ambassador, building and strengthening the leagues the passing of a good friend of it to sail back to El Salvador with its union's relationships with maritime and other working people in America, Jimmy coffee in its hold. unions, and within the larger community. Most Herman. b 1845 Jimmy Herman is one of the most re- of all, he kept the ILWUÐwith its broad and The ILWU effectively sealed off the complex jurisdiction in the maritime industry, spected and beloved labor leaders in West Coast from shipments of Salva- San Francisco history, and he died on tourism, warehouse and distribution, manufac- doran coffee over the next 2 years. turing and processsingÐstrong and viable in Friday. He was the president emeritus Another cause that Jim Herman of the International Longshoremen’s extraordinarily difficult times. championed was that of the farm work- The labor movement was his family. ``The and Warehousemen’s Union. ers led by Cesar Chavez. He was one of Jimmy was known for his enormous labor movement offered me a chance to be the first labor leaders to go to Delano compassion, commitment to workers’ part of history, not just a passive observer,'' to join the farm workers on the picket rights and social justice. His life was he has said. ``I'll never be able to repay that line. Later in his life he was a mentor truly about justice. He was also an ex- debt.'' It's not for lack of effort. Take Jim Her- to people at Delancey Street Founda- traordinary orator who inspired thou- man's mentorship with the young men and sands to take up the cause of workers’ tion in San Francisco. women putting their lives back together at I will submit for the RECORD some of rights, justice for farm workers, peace Delancey Street. ``He makes me cry,'' says in Vietnam, to name a few. His death the particulars of his background Mimi Silbert, president of the drug and alcohol marks the end of an historic era in the which is an extraordinary one. rehabilitation program. ``Two of three times a labor history of the San Francisco Bay On this Earth, God’s work for the week he drops by to have coffee with the resi- area and our Nation. poor, the disenfranchised for peace and dents, talking, getting them interested in the Jimmy devoted his life to building a social justice was done with love and world outside themselves, strengthening their strong, democratic and multiracial compassion by Jim Herman throughout faith in themselves.'' trade union. Since the big strike of his lifetime. He was truly a warrior for f 1934, the ILWU has provided demo- justice. CONGRESSIONAL TRIP TO KOSOVO cratic and strong representation that My heartfelt sympathies go out to gives voice, and that is ‘‘democratic’’ his two brothers, Rodman Herman and The SPEAKER pro tempore (Mr. BOB with a small ‘‘d’’, Mr. Speaker, to the Milton Herman. On a very personal SCHAFFER of Colorado). Under a pre- aspirations of working people up and note, I along with the gentlewoman vious order of the House, the gen- down the West Coast. from California (Ms. ESHOO), the gentleman from New York (Mr. ENGEL) is The ILWU broke down barriers de- tleman from California (Mr. MILLER) recognized for 5 minutes. nied members of minority groups by and many other members of the Cali- Mr. ENGEL. Mr. Speaker, just yes- providing access to a decent standard fornia delegation have lost a friend, a terday I returned from the Balkans of living. It also provided a powerful person who loved life, loved politics along with the gentleman from Vir- means for working men and women to and all of the art of the impossibilities. ginia (Mr. MORAN) and the gentle- make a contribution to the political Jim Herman’s passion for life was woman from New York (Mrs. KELLY). and social fabrics of their commu- matched only by his rage for justice. We had hoped to go into a region called nities. He is now our shining star, the one Kosovo to monitor elections that were Under the leadership of Harry with the twinkle of merriment for all being held this past Sunday by the Al- Bridges, followed by Jim Herman, the to see as night draws near, the twinkle banians in the region of Kosovo who ILWU faced head-on the great political that we will miss in his eye forever. We make up 90 percent, 2 million people, 90 challenges of our Nation, refusing in will miss you, our dear Jimmy, our percent of Kosovo, but have no politi- the 1930s to load scrap metal on ships sweet friend. cal, economic or human rights whatso- bound for Japan or to unload cargo in Born in Newark, NJ on August 21, 1924, ever. ships bearing the Nazi swastika. son of a school janitor, Jim Herman went to I have been to Kosovo a number of Jim Herman led his union in its ef- sea in the early months of World War II. Sail- times, and I can tell my colleagues the forts to oppose the apartheid regime in ing was a tough, lonely business, ``. . . But it people, they are truly a people under South Africa, leading his members in provided the opportunity to read everything in oppression. We have witnessed during refusing to unload cargo sent from reach, and to talk with people who had seen the past few weeks, Mr. Speaker, the South Africa. Jim Herman had a social it all,'' Jimmy once remarked. wanton killings of men, women and conscience that did not allow for rest As a 16-year-old in 1942 he served on a children by the Serbian police forces or moral fatigue. His moral leadership freighter backing up the invasion of North Afri- going into villages and slaughtering played an important role in bringing ca. After the war he was a steward on the people. It reminds us of what happened about a negotiated end to the war in El Lurline during its majestic cruises between in Bosnia early on. If the West, par- Salvador. San Francisco and Honolulu. In 1949 he led a ticularly the United States, does not H1416 CONGRESSIONAL RECORD — HOUSE March 24, 1998 take strong action early on, we will will not stand by and allow genocide tunately, we arrived in Macedonia, wind up with another Bosnia in and ethnic cleansing to continue. The which borders Kosovo, to the dis- Kosovo. gentlewoman from New York (Mrs. appointing news that our request had Kosovo again are people, Albanians, KELLY), the gentleman from Virginia been denied. 90 percent ethnic Albanians, they have (Mr. MORAN) and myself all took very, Why? Supposedly the reason given no rights, they have no political rights, very strong stands. It was outrageous was the inadequacies of the informa- they have no economic rights, unem- that we were not allowed to go into the tion we provided in our visa applica- ployment is high, they cannot teach in border. We can only say that the Ser- tions to the Yugoslav government. Per- the Albanian language. They are con- bian leader must be hiding something haps the true reason was that Presi- stantly oppressed, harassed, beaten and because he does not want us to know dent Milosevic did not want us to see murdered. This Sunday they conducted the truth. firsthand the brutal campaign of re- their own elections. The Albanian lead- To add insult to injury, while we pression he has waged against the eth- ership conducted their elections. Dr. were not allowed to go to the border, nic Albanian population of Kosovo. Ibrahim Rugova was reelected as the Mr. Milosevic’s forces jailed six Ameri- Despite this denial, Mr. Speaker, we president. They elected a parliament. cans on trumped-up phony charges, decided to make one last effort to cross This parliament and Dr. Rugova had jailed them and put them in prison. the border. We assembled the delega- been elected 6 years ago but the par- Thankfully, those prisoners were fi- tion and made our way to the nearest liament had never been allowed to nally released yesterday after our border post separating Kosovo and meet under threat of jail or exile. State Department intervened, after the Macedonia. The location was a remote We had hoped to go there, but we three of us made very strong state- one. It was extremely cold as we made were stopped at the border. First, we ments urging their release, and they our way on foot from the Macedonian were denied visas here in Washington are here in Washington and we are checkpoint to the border of Kosovo. and then we were denied visas when we going to meet them in a little while to Unfortunately, the heavily armed bor- flew to Macedonia; in Skopje we could have dinner with them, and tomorrow der guards had no intention of allowing not get visas. We went to the border morning we are calling a press con- us to proceed. and we were stopped by the Serbian ference to let the world know what we A CNN camera crew which was al- guards, who told us we could not get in. saw and the brutality that Milosevic is ready across the border in Kosovo was It is unprecedented that three Mem- putting onto the Albanian people. We prevented from coming down to the bers of this Congress would be barred are going to have these Americans who border checkpoint to talk with us. We from visiting another country. This is were imprisoned against their will join finally gave up, Mr. Speaker, and re- the first time that I have been barred us at the press conference. turned to the capital of Macedonia, and the first time I have heard of Mem- I would like to now yield to either where we established an election mon- bers of Congress being barred. But one of my colleagues if they would like itoring effort there. The election did again it shows the arrogance of the to comment. We are going to spend the take place despite repression and vio- leadership of the Serbian government, next 15 minutes talking and comparing lence by Serb police and paramilitary particularly President Milosevic, who notes and letting the American people units, and the people of Kosovo elected has done the kind of atrocities in Eu- know precisely what is happening. Ibrahim Rugova to another term as rope that makes one remember the f President. Nazi era, with the ethnic cleansing and Sadly, the Serbs consider this elec- the genocide being perpetrated first on CONGRESSIONAL TRIP TO KOSOVO tion an illegal one and continue to the Bosnian Muslims, now on the Alba- The SPEAKER pro tempore. Under a deny the people of Kosovo basic human nians, a constant pattern of harass- previous order of the House, the gentle- rights, such as the right to choose their ment and killings and intimidation of woman from New York (Mrs. KELLY) is own elected leaders. Mr. Speaker, the the Albanians. recognized for 5 minutes. people of Kosovo want nothing more The people of Kosovo I believe have Mrs. KELLY. Mr. Speaker, I too just than to simply live and work in peace, the right to self-determination, the returned from the Republic of Macedo- yet the Serbs time and again resort to same self-determination we would want nia, where I participated in this 14- violence and repression in an effort to for ourselves or for all free peoples member bipartisan congressional mis- maintain control over the former around the world. They have the abso- sion to Kosovo, invited to observe pres- Yugoslav republics. lute right to determine their destiny. idential and parliamentary elections in I want my colleagues in this institu- They have the absolute right to deter- the Republic of Kosovo. We also sought tion as well as the American people to mine their political future if they want to learn the facts surrounding the bru- know of our experiences in simply to be an independent republic. tal repression currently taking place in seeking to observe an election and in- I personally, this Congressman sup- Kosovo by the Serbs. Our mission was vestigate human rights abuses. I want port them, and if they want to do what- simply to observe and bear witness to them to know of the violence that is ever they want to do as a free people, the happenings in this troubled part of taking place right now against the peo- they have the right to do so. The the world. ple of Kosovo. United States must very strongly Unfortunately, the Serbian leader, I heard today that another half a stand with them. This House last week Slobodan Milosevic, denied our entry dozen villages have been surrounded passed a resolution sponsored by the into Kosovo. Let us be clear. We and there is heavy artillery up there gentleman from New York (Mr. GIL- worked very diligently in advance of around these new villages that have MAN) and myself and lots of other peo- this trip to ensure that we would re- been surrounded. Many are dead, tens ple calling on the Serbs to end their op- ceive our visas to enter Kosovo. We of thousands are homeless, and scores pression, condemning the Serbian op- contacted the Yugoslav embassy in of towns are currently under siege by pression against the Albanian majority Washington well in advance of our trip. Serbian military units. Innocent civil- in Kosovo. The contact group is meet- We submitted our visa applications and ians are without food and heat. It was ing tomorrow. Under the able leader- generally provided whatever informa- recently reported that six ethnic Alba- ship of Ambassador Gelbard and Sec- tion was needed to support this impor- nians died from starvation and cold. retary of State Albright they will be tant trip. I want the world to know of what is pushing for further sanctions on the We waited several days for a response going on in Kosovo because we must Serbian regime. They have to under- to our request and called the embassy not allow Kosovo to become another stand that the people of Kosovo need to on a daily basis to inquire into the sta- Bosnia. Yet that is exactly what could be free, the people of Kosovo will not tus of our request. The answer always happen. Until now, the resistance in tolerate and the people of the world came back the same, ‘‘We are consider- Kosovo has largely been peaceful and will not tolerate the wanton slaughter ing it. We’ll get back to you.’’ With nonviolent. I hope and pray that it re- of innocent men, women and children. still no answer, our delegation made mains that way. My greatest fear is They went into villages and just the decision to proceed with the hope that the Serbian brutality and repres- killed people. This is unheard of. We that we would be granted visas. Unfor- sion results in more armed resistance March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1417 in Kosovo which will lead to only and dumped on the doorstep of the fam- The President initially raised execu- greater violence and bloodshed. ily. That is the kind of brutality that tive privilege with the Committee on We must not allow this to happen, enables a very small portion of the pop- Government Reform and Oversight, my Mr. Speaker. The world community ulation, through a reign of terror, to committee, in a deposition of Bruce can prevent this if it has the will to do control 90 percent of the population. Lindsey last fall. The President’s so. That is why we went there, in defense White House counsel directed Bruce f of human rights, of democracy and, in Lindsey not to answer questions re- fact, of free enterprise because the Ser- garding conversations Lindsey had CONGRESSIONAL TRIP TO KOSOVO bian regime out of Belgrade seized con- with the President about campaign The SPEAKER pro tempore. Under a trol of the private businesses. The ma- contributor James Riady. previous order of the House, the gen- jority of the population are not allowed When we challenged the White House tleman from Virginia (Mr. MORAN) is to own their businesses. They seize the on these claims, the President’s coun- recognized for 5 minutes. assets of the banks, they deprive people sel informed the committee last week Mr. MORAN of Virginia. Mr. Speak- of the means of livelihood. You have an that the President would not assert er, I joined the gentlewoman from New 85 percent unemployment rate in these claims over Mr. Lindsey’s con- York (Mrs. KELLY) and the gentleman Kosovo. What you have is a landmine versations. It is important to note that from New York (Mr. ENGEL) over the that is going to explode. the committee could have held Mr. President Rugova believes in non- weekend. Our intent was to go to Lindsey in contempt for refusal to an- violence. The six Americans who were Kosovo because we were aware of the swer the questions if the committee de- imprisoned believe in nonviolence. In brutal violence that the Milosevic re- termined that there was no basis for a fact they were there to preach non- gime had imposed upon the Kosovo valid claim of privilege. violent conflict resolution, and yet people. They went into villages and The President’s former White House wiped out the village. The Interior they were arrested by the police under a phony charge that has never been counsel, Lloyd Cutler, wrote in a 1994 Minister of Kosovo, who was acting executive privilege memo, quote, ‘‘In under the orders of Mr. Milosevic, said used before, that they had not registered their exact location with the circumstances involving communica- that if there are even two terrorists options relating to investigations of per- posed to our regime, we consider the police. They had moved from one home to another, apparently, and so they had sonal wrongdoing by government offi- entire village opposed and are justified cials, it is our practice,’’ the White in eliminating it. their heads shaved, they were sen- tenced to 10 days. House’s practice, ‘‘it is our practice not They killed 87 people, innocent men, to assert executive privilege either in women, children. They lined them up. This is an untenable situation. It cannot continue in the way it is. We judicial proceedings or in congressional Many of them they only killed after are going to have a press conference to- investigations and hearings.’’ End torturing them. These people were not morrow. We will have a rally tomor- quote. a threat. Virtually all of them were un- row. I hope that free peoples around The President is not following his armed. They wiped them out because the world will join in unison against own order on executive privilege when they were afraid that they might at these repressive tactics, restore inde- it comes to the grand jury. Since these some point pose a threat to their re- pendence to Kosovo. proceedings are all behind closed doors, gime. Why would it be a threat? f the White House raises frivolous argu- Kosovo is a country of 2.2 million peo- ments to delay the proceedings. In the ple. About 2 million of them are Alba- THE MISUSE OF EXECUTIVE light of day with Congress the White nian Muslims. A little less than 10 per- PRIVILEGE House has backed down. cent of the population is Serbian. Many The SPEAKER pro tempore (BOB Executive privilege is supposed to be of those Serbs have been sent there by SCHAFFER of Colorado). Under a pre- used only rarely when national secu- Mr. Milosevic, who is the head of the vious order of the House, the gen- rity would be significantly impaired, Serbian government, that now calls tleman from Indiana (Mr. BURTON) is conduct of foreign relations would be itself the Federal Republic of Yugo- recognized for 5 minutes. impacted, or the performance of the slavia, sent to populate Kosovo. Most Mr. BURTON of Indiana. Mr. Speak- President’s constitutional duties would of the Serbs there did not want to be er, last week the President reportedly be impacted. there. Some of them had been driven asserted executive privilege over con- This is not Bosnia, this is not the out by Croatians, out of the Krajina re- versations the President had with his Middle East. These are scandals about gion in Croatia, but the reality is that longtime aid Bruce Lindsey as well as possible personal wrongdoing by gov- the vast majority of the Kosovo people conversation the First Lady had with ernment and political officials. It has want to have their own representation. White House aide Sidney Blumenthal. been White House policy since the Ken- They had a vote in 1991, overwhelm- This is the first time since President nedy administration not to invoke ex- ingly elected Mr. Ibrahim Rugova as Richard Nixon, during Watergate, that ecutive privilege when allegations of the President. That presidency was not a President has asserted executive wrongdoing are at issue. In contrast to allowed to take effect, that govern- privilege in a criminal proceeding. This Mr. Clinton, President Reagan declined ment was not allowed to take effect. stunning misuse of executive privilege Mr. Milosevic took over control of the is one of the White House’s many delay to claim executive privilege over any country. The way he maintains control tactics designed to drag out investiga- matters in Iran-Contra where sensitive over 90 percent of the population is tions. foreign policy decisions and negotia- through the most brutal repression, As the New York Times editorialized tions were at issue. Executive privilege the same kind of brutality we saw in this morning, Mr. Clinton’s attempt to is not supposed to be used as a shield Bosnia. block grand jury testimony by two im- against responding to criminal pro- portant White House aides, Bruce ceedings. This is a clear misuse of the b 1900 Lindsey and Sidney Blumenthal, is an executive privilege. I can tell you one instance when I alarming attempt to extend presi- As George Washington University visited Kosovo earlier, there was a dential power. Even former Clinton ad- Professor Jonathan Turley recently school that was fit for about a thou- visor George Stephanopoulos recog- stated, quote, ‘‘It is ironic to see the sand students. Half of the school was nizes the absurdity of this claim of ex- extent to which the Clinton adminis- reserved for a handful of Serbian chil- ecutive privilege when on This Week tration has adopted executive privilege dren, the other half, a thousand Alba- with David Brinkley he said, ‘‘They arguments far beyond those made by nian Muslim children were consigned cannot win this fight on executive the Nixon administration.’’ End quote. to. The government bricked over the privilege. It has been tried before in Mr. Speaker, this administration and bathrooms. One of the parents who had the Whitewater case and eventually the President has no basis to claim ex- two daughters there complained about they turned over the documents.’’ That ecutive privilege on matters before the the conditions. That man had his body was a quote from This Week on March grand jury that Mr. Starr is conduct- mutilated, was slit from head to toe 22, 1998. ing, and, Mr. Speaker, I believe they H1418 CONGRESSIONAL RECORD — HOUSE March 24, 1998 are only doing this to extend the inves- But do we realize the leaps of faith the outcome of the confidence vote, the tigation, to drag it out, so that it even- and success that Botswana has experi- Prime Minister is poised to lead the tually wears out the American people enced, another country that he will world’s second most populous nation and they are able to hide behind that. visit, having had democracy for 31 into the 21st century. So, Mr. Speaker, I think this is some- years? As long as it has been an inde- Mr. Speaker, the new Prime Minister thing that should be stopped. I think pendent country, it has been demo- is a veteran political leader in India the President should not claim execu- cratic. It has had few Presidents. The who was once introduced by Prime tive privilege, he should get on with economics of the country is amazing. Minister Nehru, India’s first Prime the investigation, he should make a Housing is there, but yet it has a se- Minister, as the future Prime Minister clean breast of all this before the vere and serious HIV problem, and of India. He is a member of the party American people so that the American when I visited in December they of- commonly referred to as the BJP, people know the facts. fered to say that there were individuals which has been described as a national- f who have seen six members of their ist party. While some media accounts THE PRESIDENT’S HISTORIC VISIT family buried due to HIV. Uganda, who have portrayed the party in a negative TO AFRICA has implemented an economic program light, Prime Minister Vajpayee has to increase the employment of the un- shown every indication of his intent to The SPEAKER pro tempore. Under a deremployed and unemployed, and yet follow a moderate course. He has al- previous order of the House, the gentle- has some problems which we will work ready reached out to India’s neighbors, woman from Texas (Ms. JACKSON-LEE) Pakistan and Sri Lanka, expressing the is recognized for 5 minutes. on and need to expose as relates to the Ms. JACKSON-LEE of Texas. Mr. rebels’ action in parts of that country desire to build on recent efforts to fos- Speaker, I think it is important, as we in doing heinous acts; but the Presi- ter friendlier relations among the na- watch the historic visit of the Presi- dent stands against that, and we must tions of south Asia. In fact, the Prime dent to the Continent of Africa, to be emphasize human rights along with his Minister also intends to oversee the able to put into perspective this very visit to Rwanda. foreign affairs portfolio. During the important trip for it highlights many As I listened to my colleagues talk 1970s Mr. Vajpayee served as Foreign issues. For many, it was thought that about the Balkans, human rights viola- Minister in a coalition government and this was a trip to talk about trade and tions and tragic genocide and ethnic won widespread praise for helping to economic development and opportuni- cleansing are going on in Africa, and reduce Indo-Pakistani tensions. ties of partnership on the issues of those of us who believe in human b 1915 trade and economic development be- rights must stand up against it. It is important for the President to be in He has also indicated that he intends tween the United States and sub-Saha- to stay the course on the free-market ran Africa, but we are finding that Rwanda to talk about these extreme reforms that have transformed India there is much more that can occur and abuses and the tragedies against fami- into one of the world’s most dynamic that will occur, and I think it is vital lies and children. It is all right for us emerging markets. for the countries that the President is to see that, but we must see that in the Mr. Speaker, Prime Minister visiting to be singled out for their indi- context of the whole Africa. Vajpayee has also spoken of his com- vidual merits and as well to acknowl- And that is why it is so very impor- mitment to maintain the secular prin- edge the problems and the future ef- tant as we visit this continent that the ciples of India’s constitution. forts that will be needed to enhance Af- President also visits and interacts in I had the opportunity to meet the rica’s international position and as South Africa and visits with Nelson new Prime Minister last year in New well its friendship and partnership with Mandela, the father of Africa, who Delhi, then in his capacity as leader of the United States of America. through his peaceful existence for 27 I would like to personally acknowl- years of incarceration helped bring the opposition in the Parliament. I also edge my appreciation for my own about the end of apartheid, and now met with members of his shadow cabi- hometown newspaper, the Houston South Africa has its position as one net, many of whom will now assume Chronicle, which has taken a great in- who can lead Africa in the course of the leadership of the various min- terest not only in the President’s visit economic development and human istries. but the whole new opportunities that rights. I found Mr. Vajpayee and his col- may be available, not only for this Na- Then the President’s visit to Senegal leagues to be sincerely dedicated to tion but for Texas and Houston. They is extremely important as he realizes building a better future for India’s had a very large article on the issue of the tragedy of slavery. I hope that this nearly 1 billion people, continuing the trade in the African Growth and Oppor- will generate a healing process, and I free-market reforms while better devel- tunity Act, explaining its viability and hope that many who will view this will oping the nation’s infrastructure. possibilities for large corporations but acknowledge the importance of this Given the negative characterizations particularly small- and medium-sized trip, Mr. Speaker, and that we will of the BJP as a chauvinistic or fun- businesses. They offered and editorial- work together to heal any racial divide damentalist party, I was impressed by ized their support for the African and, as well, bring us together around the party’s grassroots strategy of Growth and Opportunity Act and, as issues like an apology to African Amer- building alliances with regional parties well, as I said earlier, they have a re- icans because we have seen the connec- representing India’s many ethnic and porter from the Chronicle traveling tion and the viability and the positive religious groups. with the President. Likewise, one of relationship. Perhaps most important, as a visit- my local television stations, ABC Cap- f ing Representative of the U.S. Con- ital Channel 13, is as well viewing this gress, and by extension of the Amer- CONGRATULATIONS TO INDIA’S as an important effort. ican people, I was very happy to hear of But what do we expect to see? Many NEW PRIME MINISTER Prime Minister Vajpayee’s strong de- of the news footage yesterday showed The SPEAKER pro tempore. Under a sire to work for close ties between the President warmly received by the previous order of the House, the gen- India and the United States. President of Ghana who has been re- tleman from New Jersey (Mr. PALLONE) True, there have been some voices in elected democratically and has shown is recognized for 5 minutes. India expressing concern about protect- an economic recovery in that country Mr. PALLONE. Mr. Speaker, I rise ing India’s culture from too much that competes well internationally. We today to express my congratulations to American or Western influence, but the saw a crowd that was, in its excite- the newly-elected leader of the world’s leaders of India’s new government have ment, pushing toward the President, largest democracy. Mr. Atal Behari made it very clear, in my meeting with and I hope that we understood that his Vajpayee was sworn in last week as the them and in the countless other fo- reaction was to protect those who were Prime Minister of India. India’s Par- rums, that they welcome U.S. trade being crushed in the front and no other liament will hold a confidence vote and investment. reaction other than to recognize how later this week on Prime Minister In fact, BJP leaders often point out well he was being received. Vajpayee’s new government. Pending that their party was at the forefront of March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1419 calls to introduce free-market reforms perhaps by some men as well. They I thank my colleague, the gentle- in the Indian economy. This increased would be welcome. I have already been woman from the District of Columbia trade and investment translates into joined by the energetic and able gentle- (Ms. NORTON) for her valuable leader- additional revenues for American com- woman from New York (Mrs. ship, both of the Women’s Caucus and panies and good jobs, I believe, for MALONEY), to whom I will yield in a on this critical issue. American workers. few moments. I do want to note that, in her notice It also means the prospect of better I come to the floor this evening dur- for this special order on economic eq- opportunities for the people of India, a ing this special Women’s History uity for women, she cites a quote from growing market for American goods Month, Mr. Speaker. During this the United States Bureau of the Cen- and services, and a long-term stability month, women Members, and we are sus. And I would like to read this quote in a strategically vital region in the proudly 50 Members strong in this into the RECORD. It says, ‘‘The median world. All in all, it is a win/win situa- House, of course, when you consider earnings of women with a strong com- tion. that there are 440 Members, we are the mitment to workforce were $23,710 Mr. Speaker, obviously the United first to concede that we are proud, but while those of men were a substan- States and India are not going to agree not pleased, but we are proud to honor tially greater $32,144.’’ on every issue. There will undoubtedly Women’s History Month by participat- I would like to bring notice to this, be occasional diplomatic tiffs between ing in a number of floor speeches sim- not only for the important data that is our administration and the new BJP ply to keep before this body what I below that points out the discrepancy government. But the underlying rela- know most Members would not want to between the earnings between men and tionship between the United States and forget, and that is that women’s issues women, but as an example of how we India is based on shared values of de- increasingly dominate much of what use census data over and over again in mocracy and a commitment to eco- concerns America, often as family our everyday lives to know where we nomic development. issues. are as a Nation, where we are going as The people of India have spoken This evening I want to devote my a Nation. Without good data, we are through elections in which more than own time to discussion of specific as- just another opinion. 300 million people participated. While pects of economic equity, but I remind This is one example of how the cen- no single party gained a majority in the body that this general subject cov- sus data helps us track the progress or the Parliament, the BJP won a plural- ers a multitude of problems, among lack thereof of women in the workforce ity and has been given this historic op- them old-fashioned discrimination and that we, likewise, need to work for portunity to form a government. As a against women in everything from a fair and accurate census that is com- legitimately elected head of govern- sports to jobs, women’s new rise in ing up. ment, Prime Minister Vajpayee de- small business, women’s special place Mr. Speaker, the Women’s History serves our respect. as now primary in their dependence for Month is traditionally a time to high- Expressions of congratulations have their economic survival and benefit on light women’s achievements and an op- poured in from around the world. Presi- a whole set of gender neutral economic portunity to increase public awareness dent Clinton called the Prime Minister, programs, among them Social Secu- of the unique contributions women and the two leaders had a 10-minute rity. have made throughout history. conversation that focused on continu- We say watch when you change So- It is true that American women have ing on the path of strong bilateral ties. cial Security, particularly when you made great strides. Women break I hope that those who have viewed the talk about privatization, that you do through more personal and professional BJP in a critical or suspicious way in not forget who lives the longest and barriers every day, and we all should the past will join me in congratulating who is most dependent on Social Secu- take pride in these many accomplish- the Prime Minister and wishing him rity, and consider whether or not they ments. But we cannot afford to rest on and his government well. will quickly and freely enter the mar- these laurels, because the facts also I also wanted to point out that In- ket, particularly since it is low wage show that there is a great deal of work dia’s Parliament has elected as its workers, among whom women are the that needs to be done. Speaker G.M.C. Balayogi, a member of predominant group who are most de- The sad reality is, almost 35 years the TDP party. His election shows the pendent on Social Security. after the Equal Pay Act was passed, BJP’s willingness to form coalitions The earned income tax credit where there is still a huge wage gap. In fact, with other parties and to provide key many women, this very month, simply women earned equal pay in only two positions of leadership for members of would have thousands of dollars in re- out of 90 jobs tracked by the Bureau of other parties. duction in pay were it not for the Labor Statistics in 1995. Mr. Speaker, many of our Members of earned income tax credit, which goes in While the wage gap has narrowed by the House, both on the Democratic and this country predominantly to women 15 percent since 1981, white women still Republican side, are members of our who are, again, the low paid workers of make just 74 cents on the dollar to a Congressional Caucus on India. And we America, minimum wage. male dollar. The situation is worse for look forward to the new government’s We got a minimum wage through, I the women of color. The wage gap for relations and improved relations be- think in no small part because this African-American women is 64 cents to tween the United States and India, be- body understood it was talking about the male dollar. For Hispanic women, cause we do believe it is very impor- women, women vote, and women under- it is 53 cents. This fact should make us tant to continue the strong ties and stood that that vote was a women’s all angry. We should all be indignant the closer relationships that have vote because two-thirds of those who when women are not paid the same as grown in the last few years between qualify for the minimum wage, in a men for the same exact same job, com- our two countries. very real sense, to our shame, are parable work. f women and women with children at Pay inequity is yet another example that. of the lingering sexism and racism that ECONOMIC EQUITY FOR WOMEN Mr. Speaker, I yield to the gentle- is still in our society. Most of the wage The SPEAKER pro tempore (Mr. BOB woman from New York (Mrs. MALONEY) gap cannot be explained away by dif- SCHAFFER of Colorado). Under the and thank her for coming to the floor ferences in education, experience, or Speaker’s announced policy of January to speak on an aspect of this subject. other legitimate qualifications. Even 7, 1997, the gentlewoman from the Dis- Mrs. MALONEY of New York. Mr. among recent college graduates, trict of Columbia (Ms. NORTON) is rec- Speaker, I thank the gentlewoman for women earned 15.7 percent less than ognized for 60 minutes as the designee yielding. male graduates. While there has been of the minority leader. Mr. Speaker, I rise today to join my some real progress, there is still a cul- Ms. NORTON. Mr. Speaker, I rise to colleagues from the Women’s Caucus as tural bias against, in some cases, lead a special order on economic equity we work to bring greater attention to women workers. for women. I expect to be joined by the issue of economic equity for There are still antiquated percep- other women Members of Congress, women. tions that women possibly do not need H1420 CONGRESSIONAL RECORD — HOUSE March 24, 1998 as much money as men, but they do. tributed to the decline in men’s real earn- 33. Student Loan Marketing Association Women support their families. Their ings. (Sallie Mae) is the only company with income is very much an important part 14. According to a recent report, between women in more than half (57%) of corporate one-third and one-half of the wage difference officer positions. of a two-wage family income. Yet, between men and women cannot be explained 34. Women comprise 57 (2.4%) of the 3,430 great women are supporting their fami- by differences in experience, education, or highest corporate rank positions (chairman, lies alone. As many as one in five other legitimate qualifications. vice chairman, CEO, president, COO, EVP). American families are headed by 15. Demonstrating that there is still not 35. The highest level of women corporate women. Many two-parent families equal pay for equal work, in 1995 female sales officers can be found in savings institutions could not make it without both in- workers earned 43.1%, female managers 32%, (22%), while the lowest level is found in bro- female college professors 22%, administra- kerage firms (4%). comes. 36. Only 47 (1.9%) of the 2,500 top earners in Clearly, economic equality is a fun- tive support 22%, health technologists and technicians 18%, female elementary school the Fortune 500 are women. damental issue for women. It goes teachers 12%, and female nurses 3.1% less 37. Of all of the Fortune 500 companies, 417 straight to the heart of how we care for than their male colleagues. have women on the board of directors, but our families and the roles we play in 16. At all educational levels, women suffer only 177 (35%) have two or more women. our communities and the security of from a wage gap compared to male workers. Eighty-three companies (17%) have no our retirement years, which my col- College educated women earn $14,217 a year women on their boards. less than college educated white men, and 38. The rate of increase of women on boards league is focusing on and mentioned is actually decreasing—it grew by 9% in 1994, earlier. only $794 more than white men who have never taken a college course. 7% in 1995, and 3% in 1996. 39. Only 626 (10.2%) out of 6,123 of board po- Women continue to battle the glass 17. College educated African American and sitions are held by women. ceiling, and virtually every profession Hispanic women annually earn $17,549 and is now open to us. But women have not 40. A total of 53 women of color sit on $14,779 less, respectively, than their white boards (12.6% of women board members, 1.4% yet broken the wage barrier. The no- male colleagues, and college educated Afri- of total members). tion of equal pay for equal work is so can American women earn $2,558 less than 41. The industry with highest number of basic to the values of this country. If white male high school graduates. women on boards is the soap/cosmetics in- we genuinely want an equal society, we 18. Even among recent college graduates, dustry with 19%, while the mail/package/ women earn 15.7% less than men. freight delivery industry has the lowest need to show women we value their 19. While women constituted 46% of the work. number, with only 3%. work force in 1995, over 63% of all workers 42. The industries with the highest per- This country can do better. We must earning the minimum wage or below were centage of companies with no women on do better. And we are working to women. boards (43%) are computers/data service, en- 20. The median weekly earnings for all men achieve it. gineering and construction. Mr. Speaker, I include for the in 1996 was $557, compared to $418 for all 43. There is a direct correlation between women, $362 for African American women, RECORD ‘‘101 Facts On The Status of the number of women on a company’s board and $316 for Hispanic women. and the number of women serving as cor- Working Women’’, which is important 21. Women in unions in 1995 earned weekly porate officers and at the highest corporate information that we need to look at wages that were 35% higher than women who level at that company. Companies with one during this Women’s History Month: were not union members. woman board member have an average of 22. Poverty rates are higher at every age 101 FACTS ON THE STATUS OF WORKING WOMEN 7.1% women at the highest corporate levels, for women who live alone or with non-rel- WOMEN AND THE LABOR FORCE whereas those with three or more women on atives than for their male counterparts. 1. In January 1997, there were 105 million the board have 30.4%. WOMEN-OWNED BUSINESSES women age 16 and over in the U.S. Of that WOMEN IN POLITICS 23. According to the National Foundation total, 62.7 million (59.7%) were in the civilian 44. Four women serve in the Cabinet of the for Women Business Owners, there are nearly labor force (persons working or looking for second Clinton Administration. work). eight million women-owned businesses in the 45. Two women occupy seats on the U.S. 2. The U.S. Department of Labor is project- U.S., employing over 18.5 million people and Supreme Court. ing that between 1994 and 2005, women’s generating close to $2.3 trillion in sales. 46. In 1997, women hold nine (9% of the 100 24. In 1996, women-owned firms accounted labor force participation will increase from seats of U.S. Senate and 51 (11.7%) of the 435 for over one-third (36%) of all firms in the 46 to 48%—nearly double the growth rate for seats in the U.S. House of Representatives. country, and provided employment for one men. In addition, two women serve as Delegates to out of every four (26%) U.S. workers. 3. In 1995, 3.6 million women held more the House representing the District of Co- 25. The growth of women-owned businesses than one job. lumbia and the Virgin Islands. is outpacing overall business growth by near- 4. In 1995, 60% of all employed women 47. Of the 62 women serving in the 105th ly two to one, with an average of 1,400 start- worked in traditionally female dominated Congress (including the two Delegates), 12 ing each day. are African American, four are Hispanic, one occupations. 26. Between 1987 and 1996, the number of is Asian American/Pacific Islander and one is 5. Two out of every three temporary work- women-owned firms increased by 78% nation- Caribbean American. ers are women. wide, employment by these firms increased 6. Women comprised 44% of the total num- 48. California has sent more women to Con- by 183%, and sales grew by 236%. gress than any other state—a total of 21. ber employed in executive, administrative 27. Women-owned firms are more likely to Seven states have never elected a woman to and managerial positions in 1996, up from remain in business than the average U.S. either the U.S. House or Senate. They are: 39% in 1988. firm. Nearly three-fourths of women-owned Alaska, Delaware, Iowas, Mississippi, New 7. In 1996, 42% of women in executive, ad- firms in business in 1991 were still in busi- ministrative and managerial positions were Hampshire, Vermont and Wisconsin. ness three years later, compared to two- 49. Currently, two women serve as gov- employed in the service industry, compared thirds of all U.S. firms. to 31% of men. Women are also much less ernors of their states and 18 women serve as 28. An estimated 3.5 million women-owned lieutenant governors. likely than men to be employed in manufac- businesses are home-based and employ 14 turing, construction, transportation and 50. Women hold 25.1% of the 3223 available million full- and part-time workers. statewide elected executive offices in 1997, an public utilities. 29. Women business owners are more likely 8. Of the 1,960,000 engineers in the U.S. in increase from 18.2% in 1992. than all business owners to offer flex-time, 51. In 1997, 1,597 (21.5%) of the 7, 424 state 1996, only 167,000 (9%) were women, up from tuition reimbursement, and profit sharing, legislators are women, up from 18.3% in 1991 2% in 1976. and are more likely than men to volunteer and 5.6% in 1973. PAY EQUITY and to encourage their employees to volun- 52. Of the 100 largest American cities, 12 9. Since 1981, the wage gap has narrowed teer. have women mayors. 30. Women will own 40 to 50% of all U.S. from 59% to 71% in 1996—a decline of less OLDER WOMEN’S ISSUES businesses by the year 2000. than a penny per year. 53. Women on average can expect to live 19 10. The wage gap for African American WOMEN IN THE FORTUNE 500 years into retirement while men can expect women is 64 cents to a white man’s dollar; 31. According to a 1996 Catalyst study of to live 15 years. for Hispanic women it is 53 cents. the Fortune 500 companies, 1,302 out of 13,013 54. In 1993, 48% of women employed full- 11. The average woman loses approxi- (10%) corporate officers are women, up from time by private employers were participat- mately $420,000 over a lifetime due to un- 8.7% in 1994. ing in an employer-provided retirement plan. equal pay practices. 32. A total of 394 companies (78%) have one 55. Almost 12 million women work for 12. The total amount of wages lost due to or more women corporate officers, up from small firms that do not offer pension plans. pay inequity was over $130 billion in 1995. 77% in 1994, and 105 companies (21%) have no 56. Only 39% of all working women and 13. About 60% of the improvement in the women corporate officers, down from 23% in fewer than 17% of part-time working women wage gap during the last 15 years can be at- 1994. are covered by a pension plan. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1421 57. Less than 33% of all women retirees age of uninsured women were from families with former, commit more than 13,000 acts of vio- 55 and over receive pension benefits, com- an annual income of less than $25,000. lence against women in the workplace every pared to 55% of male retirees. 76. More than 184,000 women were diag- year. 58. The median amount of women’s pen- nosed with breast cancer in 1996 and 44,300 93. Workplace violence resulted in $42. bil- sions is $250 monthly, compared to $650 for women died from the disease. Research indi- lion in lost productivity and legal expenses men. cates that universal access to screening for American businesses in 1992 alone. 59. Two-thirds of working women are em- mammography would reduce breast cancer WOMEN IN HIGHER EDUCATION ployed in sectors of the economy that have mortality by 30%. 94. Women earn 54% of the B.A.s awarded the lowest pension coverage rate, including 77. Many poor women and women of color in the U.S., 52% of the Masters and profes- the service and retail sectors. do not have access to mammography screen- sional degrees, and 40% of the doctorates. 60. Workers covered by union agreements ing because they lack health coverage and 95. The number of colleges and universities are nearly twice as likely to have a pension. earn low wages. Because Medicare requires a headed by women increased from 5% in 1975 Women, however, are half as likely to be in woman to pay a share of the cost, 85% of to 10% in 1990. Women of color made up less these jobs. women covered by Medicare only (without than 2% of these high-level administrators. 61. Since women change jobs more fre- supplemental coverage) did not have a mam- 96. In 1910, 20% of college faculty were fe- quently than men—women stay with an em- mography screening in 1992 or 1993. male. In 1985, women comprised only 28% of ployer for an average of 5.8 years, compared 78. More than 52% of uninsured women ages college faculty. This is only an eight per- to 7.6 years for men—many women leave jobs 18–64 did not have a Pap Test in 1993. centage point increase over a 75 year period. before they reach the required years of serv- 79. Almost one in four women does not re- 97. In 1995, women made up only 31% of the ice to qualify for employment retirement ceive prenatal care during the critical first full-time faculty of American colleges and plans, usually five to seven years. trimester of pregnancy. Hispanic and African universities, up from 26% in 1920—a five per- 62. Only 20% of all widows receive a sur- American women are twice as likely as white centage point increase in 75 years. vivor pension, which is usually only 50% of women to receive little or no care. 98. Women make up almost 40% of the full- what their husbands benefits had been. 80. While men have higher death rates from time faculty at public junior colleges, but 63. Fewer than one-fourth of divorced many diseases, women suffer more from only 20% of positions at top-ranked public women age 62 and older receive any em- chronic and debilitating physical and mental and private research institutions. ployer-sponsored pension income, whether illnesses. Minority women disproportion- from their own or their ex-husband’s past ately suffer from the chronic diseases of hy- WOMEN AND CHARITABLE GIVING work. Often, divorced women are left with no pertension, asthma, diabetes and chronic 99. Women direct 43% of all foundations in share of their ex-husband’s pension, even bronchitis. the U.S. after a long marriage. 81. Older women, ages 65 to 85, frequently 100. In 1995, women’s average annual chari- 64. In 1995 women comprised only 58% of suffer from multiple chronic diseases: 27% table contribution was $983, up 26% from the total elderly population but comprised suffer from two chronic diseases and 24% suf- 1993. Men’s average annual contribution was 74% of the elderly poor. Older women are fer from three or more. Half of women over $1,057, only a 6% increase since 1993. twice as likely as older men to be poor, and 80 suffer from osteoporosis. 101. 1995 was the first year that women do- nearly 40% of older women living alone live 82. Almost half (49%) of disabled women nated a larger share of their annual income in or near poverty level. have annual incomes below $15,900; 19% are than men. 65. A widowed woman is four times more on Medicaid or receive public aid; and 24% Mr. Speaker, I thank my colleague likely, and a single or divorced women five live alone. times more likely, to live in poverty after for yielding. I thank her for organizing 83. In 1995, 59% of Medicaid recipients and this special order and for all of her retirement than a married woman. 60% of Medicare enrollees were women. Of 66. Of all unmarried women age 65 and the women on Medicaid, 61% have been on work for women, children, families, older, 40% rely on Social Security for 90 % or for more than two years and 37% for more and working families in our society. more of their household income. than five years. Ms. NORTON. Mr. Speaker, I thank 67. The U.S. has the greatest percentage of 84. Only one-third of women enrolled in the gentlewoman from New York for elderly women in poverty of all the major in- Medicare live with spouses compared to over her valuable contribution. May I also dustrialized nations. half of men enrolled in Medicare. thank her for her very valuable work WORKING FAMILIES 85. Women ages 15–44 had out-of-pocket ex- as vice chair of the Women’s Caucus. 68. The net increase in family incomes be- penditures for health care services ($573) that Mr. Speaker, I want to speak this were 68% higher than those of men of the tween 1973 and 1993 was driven almost en- evening specifically on pay equity for tirely by the gains for married couples with same age ($342). working wives, the only family type for 86. The most common reasons women give women. This is one of the great issues, which real income increased significantly for failure to obtain clinical preventative working women say their most impor- over the period. services are cost, lack of time and lack of tant issue, more important than issues 69. Despite the fact that employed mothers physician counseling. which also are among their great prior- and fathers work in similarly sized organiza- 87. One in four women report that physi- ities, education and choice and health tions, fewer mothers than fathers are eligible cians talk down to them, and one in six care. They say pay equity. for coverage under the Family and Medical women have been told by a physician that a Why should this be so, Mr. Speaker? problem was ‘‘all in her head.’’ Leave Act (FMLA) because of women’s high- Well, part of the reason is that women er rate of part-time employment. VIOLENCE 70. In 1960, women were the sole support of are now close to half of all the workers 88. Each year about one million women be- in the United States. Mr. Speaker, that less than 10% of all families. In 1994, this fig- come victims of violence at the hands of an ure was 18.1%. Of these, 38.6% had incomes intimate—a husband, ex-husband, boyfriend, is an enormous increase from just 1996, below poverty level. or ex-boyfriend. This is seven times higher when not half, but only less than a 71. Most women will spend 17 years caring than the rate of violence committed by an third, actually 30 percent of women for children and 18 years helping an elderly intimate against male victims. were in the workforce. parent. Eighty-nine percent of all women 89. In 1994, there was one rape for every 270 Why have they come in such num- over age 18 will be caregivers to children, women, one robbery for every 240 women, bers? I am not sure that all of them are parents or both. one assault for every 29 women, and one 72. Less than one-fourth of new mothers like me, Mr. Speaker, born to work. I homicide for every 23,000 women. think that we all know why women are leave the paid labor force. 90. Women in families with incomes below 73. Women average 11.5 years out of the $10,000 per year were more likely than other in the workforce today in such huge paid labor force, primarily because of care women to be violently attacked by an inti- and increasing numbers. giving responsibilities; men average 1.3 mate. Geographically, however, women liv- b 1930 years. ing in central cities, suburban areas and HEALTH ISSUES rural locations experienced similar rates of I think we all know that wages have 74. It is estimated that 19% of women in violence committed by intimates. been stagnant since the early 1970s, the U.S. are uninsured. Hispanic women are 91. Each year nearly one million individ- that even with the splendid economy, 2.5 times and African Americans are 1.8 uals become victims of violent crime while the American family has sent every- times as likely to be uninsured than white working or on duty. Although men were body who could work out to work. women. more likely to be attacked at work by a First and foremost, it is women and 75. Women and their children are dis- stranger, women were more likely to be at- so almost half of the work force now is proportionately represented among the na- tacked by someone they knew. tion’s uninsured population, primarily due to 92. One-sixth of all workplace homicides of female. Perhaps the stagnant wages women’s segregation in service and retail women are committed by a spouse, ex- and increasing entry of women into the jobs, which have low rates of employer-pro- spouse, boyfriend, or ex-boyfriend. Boy- labor force helps us understand why vided insurance and low wages. In 1993, 59% friends and husbands, both current and pay equity now shows up in polls at the H1422 CONGRESSIONAL RECORD — HOUSE March 24, 1998 top, the number 1, top issue for men sors; and I thank the Members of this ing the 1990s to simply top out, that is and women; not women alone, Mr. body who have cosponsored this bill it, glass ceiling in wages, you have had Speaker, but men and women. with me. It takes the pay gap head-on it; go on for another 10, 15 years, and I would hypothesize that the reason by barring discrimination based on sec- maybe you will slip up again the way that people are saying that equal pay tion or race when jobs are comparable you did in the 1980s. The country will or pay equity, traditionally a woman’s in skill, effort, responsibility, and not tolerate that this time. Too many issue, is at the top of their agenda, working conditions. women in the work force are too de- that the reason is that women’s pay The Fair Pay Act would end the dis- pendent on their income. And yet, be- has now become central to family in- crimination between, for example, the tween 1979 and 1997, we have seen income. pay of a probation officer and the pay creases that encouraged us. Women When the women go out to work with of his wife, a social worker. Both these earned $395 in median weekly earnings the men and if there is a male in the people have gone to college. They may in 1979. That $395 turned to $431 by 1997. household, he looks at her paycheck have even come out at the same time, Women reached their highest ratio of and then looks at his, and he says, how they work every day. He hears from earnings to men in 1993 when the ratio come you are not bringing home what people who have been released from jail was almost 77 percent of a man’s dol- I am bringing home, pay equity shoots and may be on probation for years. She lar. Since 1995, and this is the bad to the top of the agenda, because he is goes into some of the most troubled news, Mr. Speaker, the wage gap has talking about his family now. What we neighborhoods to work with disadvan- actually increased so that women in have seen is truly extraordinary. This taged people and their children. It is 1997 are showing about 74 percent of women’s issue has morphed into a fam- time that the Nation seriously ask men’s median earnings. ily issue and into the number 1 issue whether we can expect women to con- Some have asked whether or not according to the polls. tinue to pursue higher education with women have caught the so-called That is driven, Mr. Speaker, not only the same vengeance only to earn close ‘‘male wage disease.’’ That disease is by the fact that women have come in to $800 more than men who pass up col- the disease, as it were, that has stalled such huge numbers into the work force, lege altogether. men’s wages for what seems like an it is driven by their lower wages com- The budget reconciliation bill we eternity when they stopped rising in pared to men. Study hard and do your have just passed offers tax breaks to the 1990s. We have every reason to be homework, girls are told, and you can help more women and men go to col- concerned, Mr. Speaker, because we are grow up to be anything you desire. I lege. We should engage in some self- now living in the best of times eco- was told that, even as a skinny little congratulation for that bill passed last nomically. The fact is that over and over again black girl in the segregated public year, Mr. Speaker. Now we must make we are told by everybody from the schools of the District of Columbia. the incentives to pursue higher edu- President to the nightly news that we And so that is exactly what good lit- cation equal for women as for men. are now living in the longest period of tle girls do; they become good stu- Pursuing pay discrimination will send sustained economic growth since the dents. And today, it turns out that the signal that college pays. end of the Second World War. How then they have been good at everything ex- Over and over again we say, we need to explain the lack of real growth in cept getting the equal pay they have to send more young people to college. women’s wages and in men’s wages dur- earned. Women have heeded that call so that They have cracked open virtually ing the 1990s? they can meet the global competition We explained it for men’s wages by every profession, but they have yet to in greater numbers than men. We do saying, well, men were in manufactur- crack the wage barrier, Mr. Speaker. not want to have a reverse effect after ing, they were moving overseas, it They now collect 55 percent of college some years when they figure out that would all straighten itself out. In that degrees. Men, Mr. Speaker, get only 45 college does not matter in pay. sense, they are in worse trouble than percent of college degrees today. This signal is surely needed now to women, because it has been downhill Women get 65 percent of the 3.5 grade counter the danger signals of the 1990s all the way with no respite such as point averages. None of that has done on pay for women. The gender gap has women got during the 1980s when the it. Study hard, little girl, and you can stabilized again. gap, in fact, was closed. grow up to be anything you desire, so Mr. Speaker, the increase in closing Mr. Speaker, what concerns me most long as you do not ask to be paid the the gap, or should I say the ‘‘decreas- is that women’s wage gap-closing is not same as men who do the same work. ing of the gap,’’ has stopped. It stopped explained by the growth in real wages. I confess, Mr. Speaker, that I have at the end of the 1980s. We have seen no A substantial amount of the closing of been chasing fair pay for women for 20 real movement since closing in on a the gap is not closing at all. It is be- years, since the Carter administration man’s dollar, and we keep fluctuating, cause men have not, in fact, had an in- when I chaired the Equal Employment all in the upper 70s, between 70 percent, crease in their real wages, and that Opportunity Commission. We had the sometimes getting as high as 75 per- simply leaves them where they are, or first hearings on pay equity at the cent or 76 percent, but always going declining, causing women to meet EEOC in 1980, and later commissioned back down in the ensuing year. them more easily than if their wages the landmark study by the National The country simply cannot afford an- had continued to go up since the early Academy of Sciences that is remem- other 25 years of wage gap stability, 1970s. bered and referred to still today be- not with so many women in the work This, Mr. Speaker, is not what we cause it confirmed that there is com- force, not with the greater call for edu- had in mind when women started to parable pay discrimination against cation, not with family income in- close the wage gap. We do not mean to women. creasingly dependent on women’s do that at the expense of men, our hus- Mr. Speaker, women today have a wages. As we have seen by the gender bands, our fathers, our brothers; and of comparable pay problem, not an equal gap retrenchment of the 1990s, the gap course, it is not at their expense that pay problem. A comparable pay prob- will not close itself, or else it would we are doing it. What these figures lem comes when people, mostly have simply continued, unabated, to show is simply that they are not rising women, have the same skill, effort, re- close. for whatever reasons women’s are and, sponsibility and working conditions as Congress has an obligation to elimi- thus, there is the appearance of the men, but get paid less for jobs that are nate the gender discrimination that closing of the gap that is in fact not not the same, except in all the essen- sustains the gap. Good girls who go on the case. tials of skill, effort, responsibility and to be good students deserve better Beyond the fact that much of the working conditions. when they go to work. I think they de- closing of the gap of women’s wages is When I came to Congress, I brought serve what my Fair Pay Act would really nothing more than a decline in my experience at the EEOC to the only bring them. men’s wages, there is also a serious place that can do something about gen- Mr. Speaker, I know that this is not problem, and that is that most of the der bias. My bill, H.R. 1302, the Fair a country that will allow the rise in closing of the gap is not due to an in- Pay Act, now has more than 60 cospon- real wages for women that we saw dur- crease in women’s real wages. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1423 Mr. Speaker, 41 percent of the closing We think that discrimination comes through their unions and the demo- is due to an increase in women’s real because, Mr. Speaker, wages in this cratic practices of unions means that wages, but that leaves 59 percent which country and throughout the world have they can exert pressure on their unions comes because of the decline in men’s been designed for women. When a job is to keep men and women’s wages from wages, and Mr. Speaker, the proportion a traditional women’s job, throughout getting out of line. If the difference is of the gap that is closed due to the human time, that fact and that fact out of line and their consciousness is growth in real wages is only 19 percent; alone has depressed the wage scale. sufficiently raised, then they can in and that is in this decade, the 1990s. What the Fair Pay Act asks is that one fact democratically compel their union eliminate that factor and that factor b 1945 to bring about greater equalization. alone from wage-setting. Unions themselves, frankly, have Compare that to the 1980s, when the My bill respects the market system. I stepped to the forefront often to raise proportion of the closure of the gap for am not crazy. This is a free market the consciousness of their own mem- women due to real wage growth was 51 system, and I do not want to change it bers, rather than the other way around. percent. Fifty-one percent of the gap one bit in that regard. But the free I would like to offer some examples, closed because of real wage increases in market system does not allow men and because I think that they point up the 1980s. Nineteen percent of the de- women who do the same work to be what can be done using this traditional crease in the gap in the 1990s is due to paid dissimilarly, and the reason is be- market system approach. an increase in real wages for women. cause discrimination is not a market AFCSME, which by the way also rep- That is unsatisfactory, Mr. Speaker, factor, or at least it is not a legitimate resents many Federal workers, in the and it tells us perhaps all we need to market factor. private sector has raised over $1 billion know about why pay equity has found In the same way, the free market in wage adjustments alone for women itself at the top of the agenda for men system should not allow discrimination workers. This is the American Federa- and for women. to be a factor in the difference between tion of State and Municipal Employ- We are talking family business here, what a probation officer and a social ees. Mr. Speaker. It is family wages that worker receive. Assuming they are Their Minnesota pay equity contract are falling. There is no such thing as measured objectively by the grade is particularly noteworthy. AFCSME women’s wages anymore. Women are point scale widely used throughout in- in fact bargained for a pay equity single heads of households. Imagine dustry, they are performing work that study in 1985, and looking at com- what this slow-up in the rise in wom- is comparable in skill, effort and re- parable skill, effort, responsibility, and en’s wages means to women who have sponsibility, and working conditions. working conditions, AFCSME got a to support children by themselves. Mr. Speaker, there are a number of contract that provided $21.7 million to A third of all children in this country ways to rectify this matter. I shall be reduce wage and equity in female- are born out of wedlock. Many more speaking about the filing of a com- dominated jobs. That was an approxi- simply live for huge periods of time plaint, but I would like to speak to an mate increase of 9 percent, and it oc- old-fashioned market system way to after divorce or separation with their curred without reducing the number of rectify this discrimination. That is mothers alone. These women are out jobs for women in State government, here trying to make it on a woman’s through collective bargaining. In every market system one way to where this landmark win took place. wage. Even when a woman is part of a That is important to note, again, be- legitimately raise wages is simply to two-earner household, men are so cause the way in which collective bar- bargain for increases, and the theory of disquieted by the failure of the woman gaining works, if the union finds that bargaining for increases is that the to bring home her fair pay that they it is asking for an increase that the have joined with women to put pay eq- market will keep the union from getting more of an increase than the mar- employer will make up for by laying uity at the top of the list, at least ac- off women or other workers, it gets no- cording to the polls; a serious, serious ket will bear. If it does not, workers will be laid off or other sacrifices will where. So again, the market system, problem. using collective bargaining, disciplines Mr. Speaker, to get some sense of have to be made, and the employer’s bargaining position in a market system how one bargains for increases in just how serious it is and why this body wages involving pay equity for women. needs to pay attention to it, and I offer will keep the wage from becoming higher than the market should allow. It is a wonderfully neat and classic ap- my Fair Pay Act as one approach at I believe we should take a very close proach to improving wages for women. hand, an example comes out of what look at what unions have done to bring Occasionally this straight-out collec- has happened to the pay of the women pay equity for women. It is worth not- tive bargaining will not do it. Occa- one would most expect to be ahead of ing that white union women earn $151 sionally, therefore, there have been the game. more than their counterparts who are strikes. In 1981, AFCSME Local 101, Let us look at women with Bach- not unionized, a 38 percent difference; Council 57, had to go on strike. This oc- elor’s Degrees. Mr. Speaker, they that black union women earn $73 more curred in the City of San Jose, Califor- earned $28,701 in 1996. A man with a than their counterparts who are not nia. What happened as a result, how- Bachelor’s Degree earned $46,702. Let unionized. ever, was a $1.5 million increase in fe- us look at high school graduates. A Mr. Speaker, these figures are weekly male-dominated jobs. woman with a high school education earnings, of course. That figure is an It says something about a union that earned $16,161, Mr. Speaker. A man 18.5 percent difference. Hispanic women is willing to go on strike to bring pay with a high school education earned earn $24 more per week than their non- fairness to its women workers, because $27,642. union counterparts. That is a 6 percent it means that the men and women went Even if we consider that there are difference. Looked at at the bottom on strike. And if the strike was suc- some reasons to discount part of this line, women who are in unions are cessful, and it was, it was a nine-day discrepancy, such as perhaps the about one-third closer to union white strike, by the way, and it was, then woman has taken some time out to men’s earnings. what it means is the employer in fact have children, perhaps the woman, and Why does this occur through union- gave an increase, but obviously, not these are all either high school or col- ization? Why are women increasingly from his point of view, more of an in- lege graduates, perhaps the woman has coming to unionization? Why are so crease than the market would bear. taken some time to have a part-time many people of color attracted to Another union, SEIU, Service Em- job, but can you really tell me that the unionization? Because it tends to ployees International Union, has difference should be almost $20,000 be- standardize wages in and of itself by moved aggressively in the pay equity tween a man who graduated from col- the way bargaining occurs, and there- area. I am most intrigued by a settle- lege and a woman who graduated from fore, naturally, to eliminate some of ment they won in 1987 in San Fran- college? That gap is simply too great this wage disparity and to reduce wage cisco. to be explained away by any expla- gaps. Essentially what SEIU did was to ne- nation except some degree of discrimi- Of course, the fact that women and gotiate a $35 million settlement with nation in wages for women. minorities have a voice in wage-setting the City of San Francisco. In order to H1424 CONGRESSIONAL RECORD — HOUSE March 24, 1998 do that, the city had to put a referen- course, is almost inherently peaceful. ‘‘What jobs do you have open,’’ Mr. dum on the ballot, and the pay equity But I would hope that most employers Speaker, if we would like to do the referendum passed by 60 percent. would understand that it is in their testing, what will happen is the woman Twelve thousand workers benefited. best interest to raise the wages of will be sent to the woman’s track and Here we see a combination of democ- women workers so that they do not the employer will not even recognize racy, collective bargaining, and pay eq- have people doing comparable work what he is doing. It is just what he has uity for workers. who are paid less than men who sit be- always done and the company has done for decades. And what happens results b 2000 side them or who work outdoors doing comparable work. in crowding often of qualified and over- SEIU deserves a lot of credit for The Newspaper Guild, perhaps some qualified people into a few job cat- being among the first to raise the issue think of that as an unlikely union for egories whose talents could take them of pay equity for men of color as well pay equity, but it is no such thing. almost anywhere in the workplace. as for women. SEIU has forced a study Here there have been three pay equity The way to undo this is to bring it to that shows that in L.A. County, 81 per- increases in three different newspapers. the employer’s attention, make them cent of the jobs were sex-segregated Examples of jobs that have been equal- undo it, make them understand that it and 21 percent were segregated by race. ized are the female insider classified is against the law and the law then has This is the kind of study that often sales jobs and the historic male outside a deterrent effect and it begins to then produces action through collective bar- sales jobs. undo itself, as much discrimination gaining, Mr. Speaker. Mr. Speaker, nonunion workers may does today. It is discrimination that More recently, in 1994, there was an- also get themselves into voluntary as- has reduced these wages. other pay equity victory for the SEIU. sociations of one kind or another to try Mr. Speaker, I repeat, where these The Local 715 in Santa Clara, Califor- to negotiate pay equity disparities, but wages are unequal, and the cause is not nia won nearly $30 million through they will be at a severe disadvantage. discrimination, I do not call for equali- achieving changes in job classifications They may advocate, but each and every zation. I am not trying to build a com- of traditionally women-dominated jobs one of these cases have required tech- mand wage-setting economy. Not only and jobs dominated by minority work- nical expertise, political support and do I respect the market economy, I ers. In the end, these workers were financial resources. Pay equity case or glory in what it can do. Of course when it does not do what it is supposed to do, brought to the wage levels of mixed- matter cannot be argued without enor- that is what this body is here for, to gender occupations. mous backup. It must be shown that make sure that people do not unduly Mr. Speaker, the National Education the skill, effort, responsibility, and suffer while the economic cycle works Association represents not only teach- working conditions are indeed unequal. its way out. ers, but many education support per- That is not the case simply because the sonnel who have been left behind. The I am talking about pinpointing the man in the workplace earns more than discrimination factor in wage-setting, NEA has had some notable success in the woman in the workplace. The jobs negotiating pay equity for these sup- and only the discrimination factor, and may not be comparable. Most jobs are I am talking about making the woman port workers in various school dis- not comparable. Complainants have tricts. More than two dozen contracts do that as a plaintiff if the matter were got to find in the same workplace two to turn out to be a discrimination suit. to be exact; 14,000 personnel affected. jobs that are comparable and then have Mr. Speaker, my backup on that, and The estimate is that over a worker’s to show by a very detailed and tech- perhaps my preference, is collective career, their pay equity program has nical study that each and every one of bargaining. Ultimately, though, we brought raises of a minimum of $10,000 these areas, when added up, should re- have got to take responsibility for this. for most of the employees involved, sult in the same pay. Mr. Speaker, it is We cannot keep sending the woman out and as much as $40,000 in the career a very difficult thing to do, and cannot to work or having her, as in most earnings for many others. be done by getting on a PC and figuring cases, go out to work on her own or In 1991, the utility workers of Amer- it out. It takes lawyers, economists, having her have the responsibility for ica negotiated a pay equalization in- statisticians, and a whole host of the family income on her own and say- crease at Southern California Gas Com- skills. That is why unions have proved ing you are on your own; if you encoun- pany. Traditional female-dominated most valuable to women and people of ter comparable pay discrimination, you jobs saw increases of 15 percent. Typi- color in correcting pay disparity. are still on your own. Discrimination, cal of the occupation comparisons was Tom Donahue, a good friend and and only discrimination is what I am the case of the female customer service former Secretary-Treasurer of the after, Mr. Speaker. representative who was equalized with AFL–CIO, said it best in a hearing in The women of America have so many the male service representative or the 1980’s: Bargaining about wage rates priorities that we often lose sight of meter reader. That is the way it is is something, after all, that we have what really is the priority. Is it child parsed out. The inside job is less, the been doing for decades. That is what care? Is it osteoporosis? Is it breast outside job is more. Maybe it should unions do. cancer? Is it affirmative action? be. But, in fact, often when we look at I recognize that not everyone in this Women have spoken in unison with the skill, effort, responsibility and working body favors unions or collective bar- men. They say it is pay equity. I am conditions, that should not be the case. gaining, strange as that may seem in a out here working every day and want The Hotel Employees and Restaurant great democracy like ours. But that is the same pay that I would get if I were Employees International, Local 34, ne- indeed the case. It is either going to be a man going out here on the job. If I do gotiated a famous contract with my done through that traditional market- not get it, give me a statute that gives own university, Yale, where I went to oriented approach, collective bargain- me a tool, and employers will begin to law school, in 1988 for its clerical and ing, or my Fair Pay Act would do it for do it on their own. technical workers, winning for these nonunion workers and, for that matter, Nobody in this body would want to female-dominated occupations 24 to 35 for union workers if the union cannot say to a woman who was a 911 operator, percent over 4 years, and they had to or does not move forward. And one way an emergency service operator, that go on strike to do it. I was on the Yale or the other, look at the polls. We will she is worth less than her husband who Corporation at time. Yale held out for see that the American family is de- is a fire dispatcher. Can my colleagues a long time. There was a 10-week manding that we do something about imagine what it is like to sit at 911? I strike. It was the first pay equity it. can tell you one thing, Mr. Speaker, it strike in the private sector. Mr. Speaker, this discrimination in is probably more hectic than it is to be Mr. Speaker, if workers have to do wages results in no small part because a fire dispatcher, unless fires occur that, they have got to do that. Hope- women have only a limited number of every moment. It is time we said to fully, more and more employers will occupations, really about six major oc- working women that they are on their see that it is in their best interest to cupations to which they have essen- own except when you encounter dis- settle these matters peacefully, a tially been consigned. If a woman crimination, and then the Congress of strike peacefully, but a strike, of walks into a workplace and says, the United States is with them. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1425 The Fair Pay Act, like the AEPA or b 2015 budget deficit. This actually is the the Equal Pay Act, the historic land- That is what happened when I was at debt. The accumulated debt was grow- mark statute that we passed in 1963, EEOC. I said, forget this increase. You ing out of control. will root out the discrimination I am will not see me again. In fact, there was a study by, I believe, the Congressional Budget Office, after without tampering with the mar- I was at the EEOC for 4 years. I never done just a few years ago, that said ket system. A woman may file a dis- came back on increase. I put in place that if Congress did not get serious crimination claim, but as in all dis- something called rapid charge process- about this problem, by the time our crimination cases, she must prove that ing. We brought the average time of children reached middle-age they could the gap between herself and a male co- processing an individual charge from 2 worker doing comparable work is dis- be paying a total tax rate of over 80 years to 21⁄2 months and raised the rem- percent just to pay the interest on the crimination and no other reason such edy rate from 14 percent to 43 percent as, first and foremost, legitimate mar- national debt. using settlement techniques that are I tell the people back home and ket factors. Gender is not a legitimate commonly used to resolve cases in the market factor. sometimes they have trouble believing court system. this, which does not surprise me be- Mr. Speaker may I inquire how much Chairman ROGERS said, show me a cause I have difficulty believing this as time I have remaining? plan. And perhaps if we can tie the well, that the debt has become so large. The SPEAKER pro tempore (Mr. BOB President’s request for an increase to a But right now the debt is $5.5 trillion. SCHAFFER of Colorado). The gentle- plan, that would mean that the EEOC And one of our other colleagues has woman from the District of Columbia would have to show structural changes done some calculations to try and ex- (Ms. NORTON) has 3 minutes remaining. and not come back for annual in- plain how much a trillion dollars is; creases. Perhaps he would look more Ms. NORTON. Mr. Speaker, I would and the way he describes it is this, and closely at this substantial increase for like to use my remaining time to I believe his numbers are accurate, the EEOC. I thank the chairman for thank the gentleman from Kentucky that if you spent a million dollars a looking closely at my proposal. (Mr. ROGERS) chairman of the Sub- day every single day, it would take you When I came to the EEOC, it was committee on Commerce, Justice, 2,700 years to spend a trillion dollars. known primarily for a backlog of State, and Judiciary of the Committee Previous Congresses have run up al- 125,000 cases. We got rid of most of that on Appropriations. I appeared before most $5.5 trillion worth of debt that backlog before I left the agency in him to seek an increase for the Equal our kids are going to be responsible for. about 3 years’ time. Employment Opportunity Commission. And worse than that, we have to pay I raise the case of EEOC not only be- I had twice sought such an increase, the interest on that; that is like an en- cause I am a former chair, but because and have once gotten one on the floor titlement, and it becomes the second or I believe not only in quality, I believe third largest single entry in the Fed- with the gentleman from North Caro- in equity and efficiency. And I think eral budget. lina (Mr. WATT) as the cosponsor. And, those of us that are for equality had I tell people, as I say, back in my dis- again, as chair of the Women’s Caucus, better stand for efficiency or we are trict that every single dollar of per- when we sent a letter the chairman had not going to get equality. The best way sonal income taxes collected west of been responsive to us. to go about cases is to try and work the Mississippi River now goes to pay This year I tried a different approach them out. Then they deter employers the interest on the national debt. That and said to Chairman Rogers that I and then there is a win-win for every- is a very scary statistic. And I also re- sought support for the President’s call one. mind people, and particularly where I for a $37 million increase for the EEOC, Mr. Speaker, I remind this body that come from back in Minnesota we still which has a serious backlog and runs I have been speaking here this evening have an awful lot of farm families; in backlogs every year, but I sought it in not for myself but for 50 women in this fact, many of the people who live in the a different way, in a way that would House, some of whom will embrace cities like Rochester and Mankato and keep the EEOC from coming back for some of what I have to say, all of whom Winona and Austin and Albert Lea, annual increases. I raise this now be- who stand for fairness and equality for they also understand that because cause the EEOC is vitally important to women during Women’s History Month. many of them are no more than one women. Pay equity, sexual discrimina- generation removed from the farm. f tion, pregnancy discrimination, job dis- But the American dream back in crimination comes through its doors FEDERAL BUDGET farm country is, very simply, to pay off and through its complaint process. the mortgage and leave the kids the The SPEAKER pro tempore (Mr. We had an extraordinary case, the farm. But, unfortunately, what has LEWIS of Kentucky). Under the Speak- been happening over the last 30 years is Mitsubishi case here, involving vir- er’s announced policy of January 7, tually pornographic, outrageous ac- that Congress has literally been selling 1997, the gentleman from Minnesota the farm and leaving the kids the tions by male co-workers, and the (Mr. GUTKNECHT) is recognized for 60 whole Women’s Caucus got involved. mortgage. I think we all know that minutes as the designee of the major- there is something fundamentally im- Essentially what I said to the gen- ity leader. tleman from Kentucky is that I would proper about that. Mr. GUTKNECHT. Mr. Speaker, I Mr. Speaker, at this point, I would like to have the EEOC do something have joining me tonight my distin- like to yield to my colleague, the gen- comparable to what I tried to leave in guished colleague, the gentleman from tleman from Arizona (Mr. HAYWORTH). place when I was at the EEOC, which the State of Arizona (Mr. HAYWORTH). It is nice to have him with me today. was a system of alternative dispute We are going to talk for a good portion Mr. HAYWORTH. I thank my col- resolution, a way that processes cases of our allotted time tonight about the league from Minnesota for yielding. rapidly, using settlement techniques, Federal budget and principally about Mr. Speaker, it is good to join him and a way that I found also increased 1 where we were just 3 ⁄2 years ago, where coast to coast and beyond through the the awards to women because after a we are today, and a little bit about facilities of C-SPAN. woman has remained in the system for where I think we should go. There are many different ways to ex- 2 years, she is likely to get no award at First of all, if I could before I yield to amine this debt. Mr. Speaker, lest all because the evidence falls away. If my friend, I would like to talk a little there are those who join us who believe she settles, she gets often some money, bit about what was happening back not this is simply a statistical argument, I assuming the case is worthy. so many years ago. This is a chart that would urge them to think again. Be- Chairman Rogers was intrigued by anybody, and any of the Members who cause, as my colleague from Minnesota the notion that EEOC might not come watch us on C-SPAN from time to points out, this translates to a mort- back every year if they got an increase time, I am sure have seen. This is a gage on the future of our children. this time, and put in place structural chart that was put together by our col- A lot of things have changed in the 3 changes that would then last for some league, the gentleman from Wisconsin years since a new common-sense, con- considerable number of years. (Mr. NEUMANN). What it shows is the servative Congress came to town. I can H1426 CONGRESSIONAL RECORD — HOUSE March 24, 1998 remember the almost dark humor that that money makes a difference. Be- he has got some costs. He has got to was employed that surrounded an item cause, in essence, what we pay, if you pay salaries and he has got to pay over- that each of us receive here in the Con- will, as we continue to generate defi- head, but he also has to pay taxes. And gress of the United States. It is our cits and have that large national debt hidden in the price of that loaf of bread voting card. And the joke, which really is in essence a debt tax. when the consumer ultimately goes was not so funny, that went along with But my colleague from Minnesota there and buys it for his family is the this voting card went as follows: who joined me here in the well of the price of this interest bill that has to be The people here in Washington, in- House, as a Member of the new com- paid. And that is distributed all side the Beltway, said, oh, well, you mon-sense, conservative Congress in through the economy because there is now have the world’s most expensive January of 1995, is well aware of what one debt that has to be paid. We have charge card because when you received has transpired and the progress we to finance that debt. your copy as a Member of Congress, it have made. When we took office on So what we are really talking about, came with a debt in excess of $5 tril- that day back in 1995, the budgeteers in for the average family, the interest on lion. this town were saying that the annual the national debt equals about the av- My colleague from Minnesota broke deficit in the year 2002 would be some erage family’s house payment. And as it down for us, in fact, using figures $320 billion. Today those self-same the gentleman has indicated, if we that indeed came from the President’s budgeteers say now, in the year 2002 began to use some fiscal restraint, if budgeteers, to his credit. He asked us there will be a surplus of at least, at we began to do the things that I think to predict budgets into the future as least, $32 billion. Imagine what that the American people really want us to this town was still held in the grip of a means to the American people. do, the good news is not only do you tax-and-spend philosophy; and it was Again, my good friend from Min- preserve a better future for our kids, the President’s own budgeteers who nesota has the figures, but more than but we are starting to see the benefits told us if we did nothing but continue that, has the stories of the American right now. the cycle of debt and deficit and taxing people and the folks in his district who Real interest rates in the United and spending, then all our children are coming to grips with this and, by States since we came to Congress have could look forward to a future in which extension, how Washington is coming dropped by 25 percent. And we believe they would surrender in excess of 80 to grips with this challenge. that they can drop more. Now that is percent of their income to taxation. Mr. GUTKNECHT. Mr. Speaker, re- perhaps the best tax cut we could ever So what we have to remember is that claiming my time, I appreciate the give the American family because it af- this debt does not deal with the whole point that my colleague has made, be- fects their car payments, it affects batch of zeros attached to a large num- cause I think sometimes when we talk their house payments, it affects how ber; it is not something for the green about $5.5 trillion and $1.7 trillion and much that grocer has to pay, it affects eye shades or the new fancy calcula- all of this interest and all of these everything. tors, but instead is something that numbers and all of these statistics, I So we came here and there was some families have to deal with. think sometimes people do sort of tune What do I mean by that? My col- serious problems. And I will never for- out and they say, well, you know, that league from Minnesota, who has had a get a farmer in my district, and I think versatile time in the real world before is green-eye-shade accounting stuff and sometimes farmers make wonderful coming to Congress, is a gentleman it does not really matter in my life. philosophers, and we were talking who worked as an auctioneer. He un- But the point I make is that the debate about this debt and we were talking derstands the challenge of family farm- about balancing the budget, the debate about taxation and the old suggestion ers and what goes on on the family about ultimately paying off that na- or the old policy in terms of balancing farm in his district of Minnesota. tional debt is really a debate about the budget was, I know, we will just I represent a district in square mile- what kind of a future we are going to raise taxes. But if raising taxes had age about the size of the Common- leave to our kids. I mean, is it going to been the solution, we would have had a wealth of Pennsylvania, incredibly di- be a future of hope, growth, and oppor- balanced budget long ago. My col- verse from metropolitan Phoenix to tunity, or is it going to be a future of league is a little younger than I am, suburban Scottsdale and Mesa, and debt and dependency? but when I was a kid growing up, my then around rural areas from the small We have made some real progress. I parents could raise 3 boys on 1 pay- town of Franklin in southern Greenlee want to talk a little more accounting check and part of the reason they could County, north to four corners of the talk about what this really means, be- do that was because the average family Navajo Nation, west to Flagstaff and cause sometimes it is hard and you in America sent about 4 percent of south again to Florence, there is in- have to almost break this down. their gross income to the Federal Gov- credible diversity. But all those diverse What does $5.5 trillion in debt mean? ernment. Today that number is almost areas are held together by some basic If you divide that up by the number of 25 percent. And when we add total economic truths, and those truths, Americans, 270 million Americans in taxes, when we add State, Federal, and among them centrally is this notion this country, it works out to over local taxes all together, the average that as we move to reduce the deficit $20,000 for every man, woman, and family spends more for taxes than they and, ergo, the national debt, as we child. do for food, clothing, and shelter com- move to fiscal sanity, we help families. My wife Mary and I have 3 children. bined. What do I mean? Well, my colleague If we multiply our family of 5, that There was a conversation going on from Minnesota is well aware of the ap- means we have a debt hanging over our here on the floor of the House earlier pearance a couple years ago of Alan heads larger than the mortgage on our about why so many women have joined Greenspan, the chairman of the Fed- home. Now, we might say, well, but we the work force. The truth of the matter eral Reserve, who projected what it do not have to pay that. Yes, we do. is, a lot of moms have had to leave meant to balance our Federal budget, The interest has to be paid. their families and go to work just to as we now have done. He said that Last year we paid an average of pay the taxes. And this old farmer in would mean a reduction basically of 2 about 7 percent interest on that na- my district, and he said it so well, he full percentage points in interest rates. tional debt. Break that down and it said, ‘‘You know, Gil, you know the Now stop and think, Mr. Speaker, works out to about $7,000 per family in problem is not that we don’t send and all my colleagues who deal with interest that has to be paid. And people enough money into Washington. The paying the family mortgage or paying say, well, I do not pay $7,000 in Federal problem is that Washington spends it off a loan on a family car or paying a income tax. The average family may faster than we can send it in.’’ student loan, think what a reduction in not pay that much. But one way or an- b interest rates of 2 points means, espe- other, that has to be paid. And much of 2030 cially on a 30-year mortgage. We are that is hidden in the price of the prod- I thought, what a brilliant way to talking about thousands of dollars. ucts that we pay. say it. The problem is that Washington On a car loan over a span of 5 years, For example, a grocer buys a loaf of continues, no matter how much money we are talking hundreds of dollars. And bread; whatever he pays for the bread, the American people were sending in to March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1427 Washington, they always spent more. I The little boy said, ‘‘Yeah, my dad got where it was said by one of our dear do have some numbers. I used to have a job.’’ It is easy for some of us who friends from Texas in the other body, a chart, I have a chart somewhere. It is have had at least one job since we were ensuring that yes, there is a safety net on my web site so if people want to 15, as a matter of fact during a lot of but that that safety net does not be- look it up. But this is a great statistic. my lifetime I have had two jobs. It is come a hammock. In the 20 years previous to our coming easy for us to sometimes forget that a Mr. GUTKNECHT. I think that is the here, Congress spent on average a $1.21 job is more than the way you earn your wonderful thing. It is not just about for every dollar it took in. It really did living. A job helps to define your very welfare reform. It is also about Medi- not matter what the tax rates were. life. care reform. In fact, most Americans Taxes went up a little bit, then they We have given a certain number of are not aware, again I am on the Com- went down a little during the Reagan American families just a little nudge mittee on the Budget, the gentleman revolution. But Congress tended to and moved them off the welfare rolls from Arizona is on the Committee on spend an average of $1.21 for every dol- and onto payrolls. As I told people, the Ways and Means. Sometimes we risk lar it took in. That is the bad news. real goal of welfare reform was not so sounding like accountants, but I think The good news is since we came to much to save money but it was to save sometimes numbers do illustrate very Congress, that number has dropped to people. It was about saving families. It powerful points. Something most $1.01. This year we will actually for the was about saving children from one Americans do not know and we need to first time, in fact the Congressional more generation of dependency and de- remind them as often as we can, that 53 Budget Office tells us we will actually spair. That is just one area we have re- percent of the Federal budget is what take in more than we spend for the formed. We have reformed Medicare we call entitlements; in other words, first time since I was in high school. and other things. things that have to be paid, Medicare, That was in 1969. We believe that if we I yield to the gentleman from Ari- Medicaid, Social Security, welfare. continue that kind of fiscal discipline zona. Those are the 4 largest entitlements, 53 we will talk a little more about what Mr. HAYWORTH. I thank the gen- percent. That had pretty much been that has meant and what we have done tleman from Minnesota. I do not be- put on autopilot. That happened in since we came here; frankly, what we lieve too much can be said about what Congress back in about 1975. got beat up for in the last election. welfare reform means. I think part of The important thing this Congress Do you remember the discussion? I it, the gentleman talked about some of did when we came here is we said, am sure they ran many of the same ads the static, if you will, and the disagree- ‘‘We’ve got to get control of entitle- against the gentleman from Arizona ment in terms of public policy and, to ments. Because if we don’t control en- that they did against me, saying they be diplomatic, the efforts by some titlements, they’re going to eat us were going to throw grandma out in within the liberal community to paint alive.’’ Entitlements were growing at the street, that the school lunch pro- a false contrast of caring. But, Mr. something like 10 percent per year at a gram would stop, that Medicare is Speaker, the true measure of compas- time inflation was only going up 3 per- going to be destroyed and all these sion and caring is not the number of cent. This is where we had some very things are just going to come to a people added to the welfare rolls. Quite pivotal fights here on this floor and ul- screeching halt. And guess what? It the contrary, it is the number of people timately I think that were played out was not true. We did make some seri- who are able to leave to become gain- in many districts around the United ous changes, though. We did reform the fully employed, to take pride in them- States in the last congressional elec- welfare system. We need to talk a little selves, pride in their endeavors and as tions where there were ads run that bit about welfare too, I think, tonight, my colleague from Minnesota points said, you know, if so and so has their the good news about welfare reform, out, there is no greater social program way, kids are not going to get school and of course it has saved money. It than a job, a job where people can work lunch and if so and so has their way has saved a little money to the Federal to earn a decent wage, to have pride in kids are going to get thrown out in the Government, it has saved a lot of themselves, to have a portion of the streets and Medicare is going to, quote, money for the States. productivity and the fruits of their wither on the vine, which was, I was The reason is welfare rolls around labor, and it does wonders. That is going to say deceptive, but it was the United States have dropped dra- what is vitally important. downright dishonest. matically. That is partly because of So your teacher in the district had it The truth of the matter is what we our reform and it is partly because of a absolutely right. That is what I hear in did is we slowed the rate of growth of stronger economy, and frankly I think many parts of the Sixth District, that those entitlements, we have dramati- the two work hand in hand. But be- work makes all the difference in the cally slowed the rate of growth. We cause of what we did, because of the world. What we have seen is a change have encouraged work, we have encour- welfare reform and because of that in attitude. We have changed the para- aged personal responsibility. Even stronger economy, the really good digm, in that buzzspeak of the late more important than that, we have en- news is this, not just that we are sav- 1990s, to take a different outlook. couraged families to stay together. The ing money but 2.2 million American In my district, in the town of Hol- good news is it is working. It is work- families who were on the welfare rolls brook, a lady named Pee Wee Maestas ing in part because of the kind of faith have now moved onto payrolls. told the same story, how she privately that Ronald Reagan had in the system I want to share a story tonight if I would invite the young unwed mothers and in the American people. He be- could. I was at a school in my district, of her town to come to work at her lieved that if you give them just a we were talking to some of the teach- small restaurant, to have a chance to modest amount of incentive to do the ers. We talked about title 1, we talked work before there was this official wel- right things; in other words, lower the about title 3, we talked about some of fare reform, and inevitably she told me capital gains tax rates by 30 percent, the other school problems. Finally, one nine times out of 10 the call would which we did, you will encourage peo- of the teachers said, ‘‘Of all the things come from one of the young ladies ple to invest and save for their future. you guys have done, the single most about 3 weeks into her work program. When they do that, it means there is important I think is this welfare re- The call would come, ‘‘Gee, Pee Wee, I more capital to expand businesses. It form.’’ I said, ‘‘Really? Why do you say really appreciate what you’re doing for makes it more opportunity for all that?’’ She said, ‘‘Let me tell you a me, but, you see, the government pays Americans. If you give people a little story about a little boy in my class- me more to stay at home and do noth- incentive to get out and work, people room.’’ She said, ‘‘Let’s call him John- ing than to come down and get a job.’’ will work. People want to work. The ny.’’ All of a sudden Johnny started to What we have done is to change that real tragedy of American compassion behave better. He had a better atti- thinking, turn that paradigm around, was we had been so compassionate that tude. He was a better student. He was say there is value in work, there is we have destroyed people’s initiative, a better kid in every respect. Finally pride in performance, and as we meas- their sense of personal responsibility, the teacher said, ‘‘Johnny, is there ure the true barometer of compassion, and their desire to build a better life on something different at your house?’’ it is found in gainful employment, their own. H1428 CONGRESSIONAL RECORD — HOUSE March 24, 1998 I want to come back to a couple of Mr. HAYWORTH. I think what the tually have for the first time a surplus. more charts and if we can, I want to gentleman says bears repetition, be- Frankly, I believe the surplus is going talk a little bit about why the Amer- cause there is a tendency in our fast to be much larger than the Congres- ican people I think sometimes distrust food, perishable throwaway society to sional Budget Office says it is. what is happening here in Washington. forget some events that make up if not b 2045 Sometimes I say to myself, why should current events, then rather recent his- they not distrust it because there have tory. While there were many—it was And it has happened, hatched been so many broken promises. Let us interesting, the paradox at work in 1996 through a combination of efforts. It give one example. in the 104th Congress. There were those has happened because we have had the Remember in 1987 we had the who attempted to paint what ulti- courage to eliminate programs, we Gramm–Rudman bill. The Gramm–Rud- mately turned out to be an inaccurate have had the courage to fold programs man fix is this blue line right here. Ba- picture for political reasons. There together, we have had the courage to sically they said we will use budget were others who were champions of the tackle those entitlements, to reform mechanisms to slow the rate of growth conservative cause who said, ‘‘You welfare, to reform Medicare, to reform in Federal spending and by 1993 we will haven’t gone far enough, New Major- Medicaid and begin to put back on a balance the budget. That is the blue ity,’’ and we understood and sym- commonsense course what I think the line. Here is what really happened. The pathized with that point of view. Yet American people have wanted the Con- reason of course is Congress did not even with the challenges confronted gress to do for so many years. have the courage to face some of those within our constitutional republic and In some respects it is, you know, those of us in Washington and those of interest groups, to slow the rate of our unique system of government, still us with election certificates sometimes growth of entitlement spending, to what we were able to do was to reverse want to take more credit than perhaps eliminate Federal programs as we for the first time in the postwar era we really deserve. The credit really have, and we will talk a little bit about the notion of constant growth of gov- does go to the American people. They that as well. And so as a result, we had ernment, not only the elimination of have been way out in front of the Con- the Gramm–Rudman fix but all we got more than 300 wasteful and duplicative gress for so many years. They under- was a broken promise. programs and boards of absurdity, if But down here, what has really hap- stand. you will, such as the Coffee Tasters pened since 1994 we see, the elections of You know the average family, this is Commission, but also in the process 1994. This is what our plan was, to bal- another thing that I find when I talk to holding on and refusing to spend some ance the budget. It was not a perfectly regular folks, how they balance their $54 billion. budgets. The average family, and you straight line. We had a 7-year plan to That is something that cannot be balance the budget. Here is where we may know this, J.D., the average fam- overemphasized, because what that sig- ily in America today clips over a hun- are. In fact, we have a balanced budget naled to Main Street, to Wall Street, to today. dred million coupons from the Sunday our friends internationally and most How has that happened? A couple of newspaper. They sit around their coffee importantly to the American people, things have happened. Most Americans tables, their kitchen tables, and they know that at least on the revenue side although sometimes it gets lost in the clip over a hundred million coupons because we have had a stronger econ- context, was a willingness to say that out of their Sunday papers, worth an omy, because interest rates have gone government has grown too large, it has average of 53 cents. They watch their down, there is more consumer con- continued to grow out of control, we pennies, and they make certain that fidence, there is more confidence on are going to rein in the growth of they get good value for every dollar Main Street, there is more confidence spending for spending sake. We are that they spend, and as a result that is on Wall Street, the economy is strong- going to have controlled growth in a how they balance their budgets every er. variety of areas where growth is not a week, and frankly that is what they ex- Everybody knows that we have taken bad thing and we are going to cut it pect from us. They expect us to watch in more revenue than we expected in out in those areas where we can, to our pennies to make sure we balance our original 7-year balanced budget eliminate the waste and fraud that had the budget. plan. What most Americans do not been so much a part. I want to show another chart here, know is we have actually spent $50 bil- Please do not misunderstand me, Mr. and this just underscores what we have lion less than we said we were going to Speaker. There is still a long way to been talking about. This is sort of spend in the summer of 1995, when we go. But that pivotal step in the 104th where we were, this is what we have passed that 7-year balanced budget Congress amidst all the wailing and done, and this is where we are going. plan. Frankly, I cannot blame the gnashing of teeth, amidst the, shall we And I think we need to spend a little American people for not knowing that say, inaccurate political ads that lit- bit of time tonight to talk about, you because the truth of the matter is most tered the landscape, made a key dif- know, it is great that we finally turned Members of Congress do not know that, ference. There is no escaping that fact. the corner and we are moving towards that we have slowed the rate of growth Indeed, as we look back to the changes what I think will be a future, assuming that much in entitlements plus we that brought us to where we are today, the American people do not decide to have eliminated over 300 programs. I believe it can be argued that the turn back and change course and go I tease people sometimes. I say, strong hand of fiscal sanity from this, back to tax and spend and some of the ‘‘How is your coffee today?’’ They say, the legislative branch, helped the failed policies of the past. Unless the ‘‘well, it tasted like it always does.’’ I American worker succeed and helped voters decide to do that this November, said, ‘‘Well, that’s interesting. We show Main Street, Wall Street and ev- I think there is a very good chance eliminated the Coffee Tasters Commis- eryone on every street the seriousness that we will see surpluses well into the sion.’’ We eliminated a lot of commis- of our endeavor and that words were future. sions. We eliminated a lot of needless backed up with actions. Now that is good news, but we have government. We have folded a number Mr. GUTKNECHT. I just want to re- to think a little bit about what are we of programs together. There is so much mind my colleagues or people who are going to do with that. Are we going to more to be done. The truth of the mat- listening that the information we have start to pay down some of that debt? ter is the more you get inside the budg- has all been scored by the Congres- And I have become a supporter and an et, the more you realize there is still sional Budget Office and is available to advocate of a plan—well, I will show an enormous amount of duplication, of them. We are happy to share it with another chart in a minute. Maybe we waste, of fat in this budget, but we any of our colleagues. I just want to ought to talk about this chart because have made enormous progress. We have come back to that very important this is a scary chart, and this is what dramatically slowed, in fact we have number, that for the 20 years previous this demonstrates, what we agreed to cut the rate of growth in spending al- to our coming here to Washington, for with the White House; and I think you most in half. You combine that with a every dollar that Washington took in, know this, Congressman HAYWORTH, stronger economy and it is relatively it spent an average of $1.21. Now last that last year on August 5, the Presi- easy to balance the budget. year it was $1.01. This year we will ac- dent and the Congress came to a very March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1429 historic agreement, and we put in place different tensions. We have the chal- and I want to remind my colleagues, spending caps within what are called lenges of the executive branch and the you know, we did not make this chart the discretionary accounts on how legislative branch and the judicial up. I mean, this is according to the much we can spend in each of the next branch of government, and we have dif- Congressional Budget Office. They are 5 years. And the blue line represents ferent outlooks and philosophies. But nonpartisan, this is not a Republican what those spending caps are. The red when we put aside our differences and chart. This just shows what they be- line, unfortunately, represents what make a commitment, the American lieve we agreed to last year on August the President has proposed in the budg- people deserve that the commitment be 5, and then they have overlaid what the et that he submitted to Congress just upheld, not swept away in roguish em- President is requesting in his budget, about a month ago. And this is of great bellishment of oratory and a little and the two numbers are quite diver- concern because over the next 5 years something for everybody and pet gent. And this is really about trust, the President wants to spend about a projects based on emergency focus and it is about faith and it is about hundred—almost $150 billion more than groups to focus attention into a type of breaking faith with an agreement that we agreed to spend just last year. Nirvana. we had. Now worse than that he wants to No. What this needs to be based on is The problem, of course, is a lot of raise taxes and fees by about $130 bil- the truth, and basic choices, and basic people around this town are saying lion, and that is where the battle is agreements and bedrock principles that well, yeah, but that was then this is going to be fought over the next sev- this Nation should not spend more now, and the economy is booming and eral months as we argue about the than it takes in, that we should all live unemployment is down and more reve- budget. Now if we have the courage to within our means, that by holding nues coming into the Federal Govern- stick to our agreement, and in fact I down spending and reaching agreement, and we have got to spend more have said that I think Congress ought ments we could allow the American money on all these programs. But is that not what got us into the to live up to its end of the bargain, people to hold onto more of their mess in the first place? I mean, is that even if the President does not want to, money and send less of it here to Wash- not really—the heart of the problem is and we are going to have a fight here ington because after all, Mr. Speaker, it is so easy to spend other people’s on the floor of the House very soon that is the central truth here. All the money, and it is even easier to spend about a supplemental appropriation money we have talked about, all of the figures we have offered tonight, large, people’s money who have not even been bill and whether or not that should be born yet. And that is where we got into offset with spending cuts elsewhere in small, and in-between, one central fact is inescapable; the money does not be- the problem in borrowing against fu- the budget. I happen to believe that it ture generations of Americans without should. It is about keeping faith and it long to the government, it is not hoarded into the Treasury. The money their consent. And that is why Jeffer- is not just about keeping faith here son warned over 200 years ago that pub- now with the agreement, it is about belongs to the American people who voluntarily, although with some reluc- lic debt was one of the greatest evils to keeping faith with the American peo- be feared, and this represents turning tance, confer it and offer it to the gov- ple and ultimately with interest rates away from the direction that we have ernment in the form of taxation. and the money markets because they been on for the last 3 years and saying are watching, are we serious. We ought to make sure that Amer- ican families continue to hang onto well, yeah, now things are good, let us And I yield to my friend from Ari- go back and begin to resume spending zona. more of their hard-earned money to save, spend, and invest as they see fit. normally. Mr. HAYWORTH. I thank my col- And we are going to have some really Why should a family have to change its league from Minnesota, and again I heated debates and fights here on the plans and priorities and make sac- think he points out the key issue that floor of the House and in the Commit- rifices so that Washington bureaucrats confronts us, because there will always tee on the Budget and the Committee can make decisions? We believe the op- be those who find themselves suscep- on Ways and Means, but I think it is so tible to the roar of the grease paint, posite should be true, that Washington critical that we keep that faith, that the smell of the crowd, and the adula- ought to alter its behavior and make we say not only to Americans living tion of those for whom they can try to sacrifices so the American families can today but generations of Americans find more spending or they can paint realize their own dreams and their po- yet unborn that we were serious, we an incredibly rosy scenario but fail to tentials, and that is the importance of meant what we said, we said what we offer the price tag along with it. the agreement we reached, setting meant; our agreement was we would And indeed, Mr. Speaker, I would aside some partisan and philosophical limit and cap spending, and we are argue the reason there is such cynicism differences, and that is the very real going to do the best to keep that cap. among citizens of this Nation and so danger we confront at this juncture in Mr. HAYWORTH. And it sets up an- much ‘‘We will believe it when we see our constitutional republic, eerily fa- other challenge because as we transi- it’’ is because of two factors: No. 1, in miliar in so many different areas, when tion from the policies and the politics so many ways the repeated contradic- some in this city and nationally want of debt, if you will, to the policies and tions in policy pronouncements and to abandon commitments they made. politics of surplus, that can be fraught other actions that emanate from the Mr. GUTKNECHT. If the gentleman with challenges as well. We have seen other end of Pennsylvania Avenue, pol- will yield back, and I think it is a tell- one of the temptations here to say, icy with a wink, a nudge, a smile, and, ing point because particularly you get well, there is a surplus so let the good sadly, policy that does not equate with out on the farms where I come from times roll, let us spend as if there is a agreements nor an acknowledgment of and you go to an auction and literally never-ending spending spree. reality in very many cases. And so 100,000 pieces of equipment are bought And it reminds me, if I can personal- given that, coupled with the fact that or sold, and sometimes all that is realize this to a certain degree at my own previous Congresses, as my colleague ly exchanged on the day of the sale is expense and self-deprecation, Mr. from Minnesota points out, spend an a handshake; a handshake, and people Speaker, and viewers from coast to average of $1.21 for every dollar in tax- out there believe that handshake coast will note that some would say I ation, that explosive combination has means something. And frankly, out have somewhat of a robust physique. led to the cynicism there. there, and without being overly dispar- One of the challenges I face is when I And again, right here on this chart aging of lawyers, they tend to resent go on a diet and I lose 5 to 10 pounds, my colleague shows us, again based on that, the whole notion that something I celebrate by cracking open a pack of the numbers from this administration, has to be written down on paper and cream puffs. That kind of defeats the that, sadly, they are willing in almost that you need a contract, although we purpose. And I do not mean to hauntingly familiar tones, in a very have contracts and we have attorneys trivialize this debate but try to bring it real policy sense, to break a commit- and I do not want to sound—but there home because it is so easy to rush back ment. is still an awful lot of old farmers who into old familiar habits that may not There are reasons why within our believe that a man’s word is his bond be good for us and in the process ne- constitutional republic we have many and that when you make an agreement, gate the very real progress that has H1430 CONGRESSIONAL RECORD — HOUSE March 24, 1998 been made, and, doubly defeating, rush would tell you this, for a lot of families Revenues have gone up geometrically right back into the failed policies of in my district have figured out it is because people are investing, people taxing and spending and debt and defi- $400-per-child tax credit this year and are saving, people are selling assets, cit and create conditions that, far from $500 next year. people are trading, businesses are being a continued and sustained growth pat- I was in a radio station, and one of bought and sold, assets are being tern economically, lead us back into the people who worked there, I was try- bought and sold, farms are being cycles of boom and bust. ing to explain this to. We had a radio bought and sold. Indeed, much talk has been proffered town hall meeting. He said, wait a sec- I will tell you a story of a farmer in around this city of dangerous schemes. ond. Let me see if I understand this. I my district who lives near Faribault, I can think of no more dangerous have got three kids, and they are all Minnesota. He would call me about scheme than to rush headlong back under 17, so you mean I get to keep an every month, and he would say, Mr. into the failed policies of the past, try extra $1,200? I said yes. GUTKNECHT, when are you guys to cut to claim everything for everybody and I know to some of our friends $1,200 is this capital gains tax because, you promise everything except stronger not a whole lot of money. But to a lot know, I want to sell my farm, and I shoelaces through increased Federal of typical families out there, $1,200 is a have got some people who want to buy spending, and then continue to ask for lot of money. That will help pay for a it, but I do not want to pay all that more and more and more of the Amer- vacation. That will help pay for an ad- money in capital gains taxes. He said, ican people’s hard-earned paycheck. dition onto the home. That will help I believe you are going to cut that cap- My colleague from Minnesota, and pay for a newer car. It will do a lot of ital gains tax, and I am not going to indeed the delegate from the District things for that family. sell my farm until you do. of Columbia, in the preceding hour, I Our friend from Texas, Senator PHIL I think he represented literally mil- believe, offer a compelling case. The GRAMM, one day he really said it so lions of Americans who are sitting on gentlelady from the District was talk- well. One of his colleagues said this is assets that actually would have been ing about the choices of women in the about how much we are going to spend better in the hands of someone else, workplace and the challenges of eco- on children and their education and but they did not want to pay that high nomic equality, and certainly I agree their health care. He said no, no. This capital gains tax. We lowered the rate, with a portion of what she had to say. is not a debate about how much we are and guess what? Total receipts have But as my colleague from Minnesota going to spend on children or their edu- gone up geometrically. pointed out earlier, one of the problems cation or their health care. He said, Mr. HAYWORTH. Mr. Speaker, as the we face today in two-parent households this is a debate about who gets to do gentleman from Minnesota tells us the is the fact that both spouses ofttimes the spending. story of real people in his district, I have to work, not by choice but by ne- He said, I know the family, and I could not help but reflect, listening to cessity, one spouse working to essen- know the Federal government, and I the opportunities for tax relief offered tially pay the tax bills of the family so know the difference. We all know who last spring by this 105th Congress, tak- that the other spouse can bring home can spend that $1,200 smarter. We know ing a look at the opportunities that the paycheck. that that family can. exist. And while we have those conditions It was not just the per-child tax cred- I look at the tremendous number of right now, we need to look at a way it. I want to give a lot of credit to Sen- housing starts, and I look at the homes again to move forward to cut taxes fur- ator ROD GRAMS from my home State now throughout north Scottsdale, and ther. We made a modest start last year. of Minnesota, because when he first the East Valley around Mesa in the I think we will take another step this came here as a freshman Member of Sixth Congressional District of Ari- year, but, again, to continue to allow this House, he made the per-child tax zona. families to hold onto more of their credit one of his top priorities. He dog- I take a look at what has transpired money so they can save spend and in- gedly has pursued that, and ultimately because of capital gains tax relief for vest it. it has become reality. He deserves a lot the average family selling their prin- Mr. GUTKNECHT. Mr. Speaker, I of credit. So I want to at least ac- cipal residence and moving into an- think we need to remind people what knowledge my colleague from the other house. A married couple able to some of the cynics said. We originally other body from my State. have and reinvest profits in the sale of came to Washington and said, you The other thing we did is we said, a primary residence up to half a mil- know, we are going to limit the growth you know, for the typical family, one lion dollars, or a single person hanging of entitlements, we are going to cut do- of the worst fears that most American on and having tax-free profits up to mestic discretionary spending, we are families have is when their oldest child one-quarter of a million dollars. Again, going to put a flexible freeze on defense begins to look at college catalogs. for a lot of people, the figures are not spending, and we are going to cut They begin to say, wow, I had no idea that high, but they are just as dra- taxes, and we are going to balance the it was going to cost this much. matic an opportunity. budget. When you are paying 38 percent of And other opportunities that we have your gross income in taxes and you opened up in terms of home buying. I b 2100 have got a mortgage over your head take a look at the new Roth Individual The cynics said you cannot do that; I and you have got to pay for all these Retirement Accounts. I think about mean, you cannot balance the budget. sneakers and everything else it costs to and I reflect back on our early days of In fact, you used the term earlier, you raise kids nowadays, most families are marriage when Mary and I were trying blow a hole in the budget. That is a not able to save enough money to send to buy a home. Yes, I had a conven- reckless scheme to want to balance the their kids off to college or technical tional IRA or what the tax law pro- budget while you are kiting taxes, be- schools. vided at that time, and I was a private cause some of our liberal friends be- We said there is a real problem there, citizen. How I wish I had had an oppor- lieve that it is their money and that and that is one area we ought to give tunity with a Roth IRA to have money Washington can spend it best; the last families another little boost. So we invested for 5 years in that type of thing we should ever do here in this provided the $1,500-per-child HOPE forced savings program that could be city is cut taxes on American families. scholarship. It is going to make it a lot taken out, penalty free, at the end of 5 But thanks to the leadership of the easier for a lot of families to send their years as a down payment on a first pur- chairman of the Committee on Ways kids to school and get the education chase of a home, what is so vitally im- and Means and the leadership here in they are going to need in an increas- portant. the House as well as the Senate, they ingly competitive marketplace. I think about young Americans 5 said no, no, we are going to balance the So that was not the end of it either. years hence as we continue to sustain budget and we are going to cut tax. We said we ought to encourage families this economic growth in part on some We even had some of our Republican to invest and save for their future. So very simple commonsensical philoso- friends who have criticized us because we gave them almost a 30 percent cut phies of tax relief, allowing Americans the tax cut was not large enough, but I in capital gains taxes. Guess what? to save, spend, and invest their own March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1431 money, because there is no greater been created. Unemployment is lower been left to our generation to make myth ever articulated in this Chamber than it has been in 27 years. Violent things right. So we are headed in the than those who would try to drive the crime is actually down to its lowest right direction. wedge between economic stations in point in 24 years. We cut taxes for the I am delighted that you joined me to- life, to claim that tax relief helps only first time since Tiger Woods was 5 night. If you have got any closing re- the wealthy. years old. That is an amazing thing marks, we certainly would like to hear Because even as the gentleman from when you think about that. them, and we will yield to the next Minnesota told about one of my former We have allowed families to keep and speaker. colleagues in broadcasting, I thought invest more of their money. We have Mr. HAYWORTH. Mr. Speaker, I about the young man in Payson, Ari- made it easier for them to send their thank the gentleman from Minnesota zona who owns a print shop, who I saw kids on to higher education. Over 2 very much. I would simply remind all the other week at a luncheon, who has million families have gone off the wel- of us assembled of the observations of four children, who the per-child tax fare rolls and onto payrolls. We have Abraham Lincoln, who reminded us credit will help immensely with $1,600 eliminated over 300 government pro- that you do not strengthen the weak staying in that family budget, and then grams. by weakening the strong; that you do elevating that to some $2,000 on next Well, the American people expect re- not enrich the poor by sending impov- year’s tax return with the $500-per- sults. We are a results society. We have erishment upon the well-to-do; that, child tax credit. produced some results. But there is so indeed, our strength is not from finding Yet, our challenge, Mr. Speaker, is much more to be done. I think we do divisions among us bred from envy; how do we expand this, because I will need to spend a few minutes talking but, in fact, the American dream is go in other town halls in communities about will we return to the old policies best summed up by allowing all fami- like Maricopa, just south of Phoenix in of tax and spend, or will we start to lies the freedom to pursue faith as they the metropolitan area, and have people take some of those surplus dollars that see fit, to reinvest faith in this remark- come to me and say, look, I am not we believe are going to be created in able grand experiment called the married, I do not have a child, I do not the next several years, and are we United States, by letting them choose have any of those targeted areas that going to start to pay down some of that their destinies with their economic re- are covered with tax relief right now. debt. sources for their futures and the future What about my circumstance? There was an architect from Chicago, of their children. And so one of the things we are ex- and he said something very simply but Let us all pledge to do that, no mat- amining is how to broaden that base very powerfully. He said, make no ter our partisan stripe or political and how to offer simple, sane, reason- small plans. If you think about that, label. Even though we champion dis- able tax relief to even more Americans. the American people have always been agreements within this Chamber, we And that is one of the challenges we big dreamers and big thinkers. will be better off. The American Nation confront. The people who came here, our ances- will be better off because we recognized But it is vital to remember that tors, as Winston Churchill said, you did these basic truths. Again, I thank the these are not the stories of micro or not cross the oceans, ford the streams, gentleman from Minnesota and the macroeconomic incidents in a textbook traverse the mountains, and deal with American people, Mr. Speaker, for this or even despite the graphic nature of the droughts and pestilence because time in this Chamber to discuss these these charts that have been presented you were made of sugar candy. topics. tonight, Mr. Speaker. No, these are the I think the American people have al- Mr. GUTKNECHT. Mr. Speaker, I stories of flesh-and-blood families in ways wanted big dreams and big goals. thank the gentleman from Arizona for the American heartland who may have I think we ought to set this goal and joining me tonight, and I just want to studied economics but who know the this marker out before the American say that sometimes, as I said earlier, reality of their economic situation, people. I think we ought to pay off that we talk about these issues, and we who sit around the kitchen table on a $5.5 trillion worth of debt in this gen- sound as if we are accountants, and we weekly basis making those tough deci- eration. talk about numbers and statistics, but sions that have the most impact on The fact of the matter is, if we will in the end, this is really about what their futures, decisions about edu- exercise the same kind of fiscal dis- kind of a country we are going to leave cation for their children, decisions cipline that we have exercised for the to our kids. about how much to put away, to save, last 3 years, if we will limit the growth b 2115 spend, and invest if that is possible, de- in Federal spending to about 1 percent And it is about what kind of a coun- cisions about mom joining the work greater than the inflation rate, the try we are going to have for ourselves. force, ofttimes out of necessity rather good news is pay off the debt in 22 Is it going to be a future of debt and than choice. years. dependency, or will it be a future of In this land of the free, we must work I cannot think of a better thing to hope, growth and opportunity? to ensure economic freedom and pros- leave our kids than a debt-free future. The good news is we have made so perity by allowing people that freedom It is within our grasp; that can be done. much progress, but we still have those to make decisions based on what they What is the great news about that? It challenges. There are people who want feel is best for their family, not on means they do not have to pay that to turn back to the old policies of tax what some Washington person feels is $7,000 per family in interest that ulti- and spend, but as long as we are here, best for some Washington program. mately gets paid today. It means we we are going to fight the good fight. We Mr. GUTKNECHT. Mr. Speaker, if leave our kids a brighter future, and we have been making a difference, we are the gentleman would yield, I just want do what those farmers talked about, as going to continue to make a difference, to go over just a few of the facts. And I mentioned earlier. You pay off the not just for this generation of Ameri- one of my favorite quotes is from John mortgage and you leave your kids the cans, but for generations of Americans Adams. And he said that facts are stub- farm. In some respects, that is to come. born things. And you know Winston generational fairness. That is f Churchill said it slightly different. He generational equity. said, you can ignore the facts, you can As you pay down that debt, the good SCHOOL CONSTRUCTION deny the facts, but in the end there news is 40 percent of the debt is owed The SPEAKER pro tempore. Under they are. to the Social Security trust fund. So the Speaker’s announced policy of Jan- The facts are these: Since we came you make Social Security solvent uary 7, 1997, the gentlewoman from here, the deficit has been slashed. And again. Congress has been borrowing California (Ms. SANCHEZ) is recognized for the first time since 1969, we have a from Social Security since 1964. I for 60 minutes. balanced budget. That, in part, has think, again, we all know that is Ms. SANCHEZ. Mr. Speaker, I am driven interest rates down by 25 per- wrong. We have been borrowing from here today with my friend and col- cent. The stock market has more than our kids, and we have also been bor- league, the gentlewoman from the Vir- doubled. Eight million new jobs have rowing from our parents. I think it has gin Islands (Ms. CHRISTIAN-GREEN) to H1432 CONGRESSIONAL RECORD — HOUSE March 24, 1998 host this special order on one of the lars in interest costs and keep more and more. In fact, the St. Thomas–St. most important needs of children taxpayer dollars at home at the local John district proposed repairs of new today, and that is the need that I call level. construction totaling over $40 million. ‘‘the fourth R,’’ the need for room. Let us give our schools a fair shake. At least the same amount will be need- There has been much talk about Let us give them a chance to help ed to bring St. Croix’s long-neglected school construction needs. That is be- themselves. This Federal tax break schools up to standard as well. cause schools across America have will lighten the load on local tax- So, Mr. Speaker, if we indeed believe reached their breaking point. I know payers. As an investment banker, I that the children are our future and this is true because I have visited over know this program can work. It will that the work of our village is to be the 70 schools this past year alone in my provide stimulus for local schools to raising of our children, we are not district, and I have witnessed firsthand pass bond initiatives and encourage doing the very best job. In fact, the how schools are trying to house double private investment at the same time. majority of America’s children who the numbers of students they were Congress must pass meaningful legis- happen to be in the public school sys- originally meant to accommodate. I lation this year for school construc- tem are being neglected. have seen auditoriums and closets con- tion. We can help our schools through I feel that just as it is a criminal of- verted into classrooms; and I have seen tax incentives and through Federal fense for families to neglect children, more than enough portables take over bond programs. I am looking forward it is also a criminal offense that it hap- the school grounds. to hearing from my colleagues about pens within America’s family, and it is To highlight the need for legislation their efforts to address school con- to our shame. The children of this addressing school overcrowding, I instruction needs and how their schools country spend most of their waking vited Vice President AL GORE to my can benefit from Federal legislation. hours in schools. Looking at the district last week for a town hall meet- I would like to thank all of my col- schools we give them, we are saying to ing on education, and during this town leagues for joining me this evening. At them day after day that we do not care hall meeting the Vice President spoke this time I yield to my colleague, the about their well-being or their edu- with students and parents and adminis- gentlewoman from the Virgin Islands cation. trators about the daily challenges they (Ms. CHRISTIAN-GREEN). And Mr. Speaker, they are getting face due to crowded schools and class- Ms. CHRISTIAN-GREEN. Mr. Speak- the message. They are letting us know rooms. The stories we heard were er, I am pleased to join the gentle- in clear messages of their own just how heartbreaking. woman in this special order this they feel about it. So we cannot speak about improving Elementary and junior high school evening and I am pleased to join my education or opportunity in this coun- students talked about no longer having other colleagues as we discuss school try if we do not begin by putting the playgrounds because 19 portables took construction in our districts. We re- facilities in which our children spend up the blacktop at their junior high peatedly say that our children are our most of their time, our schools, in school. Parents discussed the difficul- future; we talk a lot about preparing that bridge to the 21st century. Well, order. ties over constant scheduling changes That is why I support the President’s Mr. Speaker and colleagues, the invest- due to double sessions and year-round initiative which provides over $22 bil- ment in our children and their edu- schooling. lion for school construction bonds, as cation is the strongest bridge that we It is disappointing to see the public well as the legislation of the gen- school that I went to as a child in such can build. tleman from New York (Mr. RANGEL), I have listened time after time to the bad condition. Remember, I represent the Public School Modernization Act of ongoing debate about private versus my own hometown. But I know that 1998, which provides for an education public education. That discussion is the Federal Government can assist our zone program, as well as a school con- not productive, because today our schools with the infrastructure needs. struction bond program; and I also schools are far from being on a level The Federal Government can help local fully support H.R. 2695, the bill spon- schools without threatening local con- playing field. The fact is that our pub- sored by the gentlewoman from Cali- trol. We can help schools save money lic schools have not been provided with fornia, the Expand and Rebuild Ameri- in interest costs and give local inves- the tools they need to prepare our chil- ca’s Schools Act which would set up a tors a Federal tax break. dren, to educate them, and to help pilot bond program to assist local edu- My colleagues might ask, how can we them develop into the productive citi- cation agencies and provide additional do this? Through the legislation offered zens that they can be and whom we classrooms necessary to meet the bal- by myself and the President that will need to enable this country to compete looning needs of those communities. create new bond programs designed to globally. These are initiatives that put our give our schools the helping hand they Primary among the deficiencies money where our children are. need. It is a partnership between na- which impede the proper education of Mr. Speaker, I want to take this time tional government and local school dis- our children is the fact that in all of to commend my colleagues who have tricts and, really, the business commu- our districts, States and territories provided leadership on this issue, such nity. alike, there are too many schools as the gentlewoman from California These bond programs would offer in- which are dilapidated, unsafe, or do not (Ms. SANCHEZ) as well as the gentleman terest-free bonds to schools seeking to have the necessary infrastructure to from New York (Mr. RANGEL), the gen- finance new school construction or ren- accommodate the technology that is tlewoman from New York (Mrs. ovate aging schools. The Federal Gov- needed to educate our children for this LOWEY), the gentleman from New York ernment would provide a tax credit to century, not to mention the next one. (Mr. OWENS), and others who have la- investors in the amount of the interest My district, the Virgin Islands, is bored long in this very same vineyard. that would otherwise be paid by the currently plagued with schools that are I am pleased to join them in supporting school. structurally inadequate, mostly due to the bill of the gentlewoman from Cali- One of my local school districts, for damage from several powerful hurri- fornia (Ms. SANCHEZ) and the American example, Anaheim City school district, canes over recent years; but insuffi- public schools and supporting our chil- with elementary schools has a bond cient funds to properly maintain the dren. I will continue to do so as long initiative on April 14. It is going to be facilities have also taken its toll. Last and until all of the needs of our chil- on the ballot, and it is to pass to raise year, the Virgin Islands Department of dren are met. monies for a new elementary school. If Education reported that there were air- Mr. Speaker, before I close and turn local voters approve this bond initia- conditioning deficiencies, inadequate this over to my colleague who will be tive, it would raise almost $48 million infrastructure, shortages of classroom speaking, I want to take the oppor- to rehabilitate schools and to build space even at the kindergarten level, tunity to welcome the gentlewoman new classrooms for children. dysfunctional locker rooms and bath- from California (Mrs. CAPPS). I was not My bill, the Expand and Rebuild rooms, lack of water fountains, sub- able to be here when the gentlewoman America’s Schools Act, could save Or- standard cafeteria facilities, poten- was sworn in last week, and we wel- ange County taxpayers millions of dol- tially dangerous electrical hookups, come her in many respects, but we March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1433 know that she has been committed for lion in unmet needs for modern school bonds over the next 10 years specifi- a long time to our children and that facilities. That does not even address cally to those growing States that we she will join us as we work to provide the need for technology. In North Caro- know will need the resources, and better schools for all of America’s chil- lina alone, the School Capital Con- many cannot meet those needs. My bill dren. struction Study Commission reports will be fully paid for by closing an ob- Ms. SANCHEZ. Mr. Speaker, I yield that the most comprehensive study scure tax loophole that some seek to to the gentleman from North Carolina that has ever been done in our State use to finance a risky voucher scheme. (Mr. ETHERIDGE). identified school construction needs of The Etheridge bill is a commonsense Mr. ETHERIDGE. Mr. Speaker, I more than $6.2 billion worth of needs. approach to a very real and urgent thank my good friend, the gentle- As a former school superintendent of problem. Members can be sure that I woman from California (Ms. SANCHEZ) schools, I know that we cannot expect plan to work to the end of this 105th for organizing this special order this our children to learn in substandard Congress, and I challenge my col- evening and for giving us an oppor- physical facilities. We cannot ask our leagues to join me. And once again, I tunity to focus attention on the urgent teachers to maintain the kind of order thank my colleagues who are here this needs that our States and our commu- in an environment that is conducive to evening for organizing the special order nities have as we work to provide learning if we relegate them to second- to call attention to the tremendous schools, quality schools and quality fa- class infrastructure. We cannot ade- need in school facilities all across the cilities for our children so that they quately prepare the next generation to country. The children of America de- can meet the challenges of the 21st cen- tackle the challenges of the 21st cen- serve quality facilities if we want qual- tury. tury if we fail to meet the needs of ity education. Mr. Speaker, I could not help but modern school facilities. I say to the members, our teachers think as the previous speakers were We would not dare, at a Chamber of are doing an outstanding job in condi- talking and both of the gentlewomen Commerce meeting, to invite a new tions that no business would put many were talking about school construc- business to town and put them in the of their employees in. tion, what a different world it would be kind of buildings we put some of our Ms. CHRISTIAN-GREEN. Mr. Speak- if children could vote. We would not be children in to learn. er, I thank the gentleman from North arguing about school facilities this b 2130 Carolina. If we here in Congress worked evening; we would have them. We in some of those facilities in the same The problem is bad, and it is getting would not be talking about the need for type of disrepair that our teachers worse. Growing communities suffer infrastructure and having the kinds of have to work in and our children go to under tremendous strain of over- technology that our schools need, and school in, we would probably not be crowded schools. Just last week the we would not be talking about all of doing a very good job, either. these things that children need to be number crunchers at the Census Bu- reau confirmed what many of us have Mr. Speaker, I yield to the gentle- prepared for the 21st century. We would woman from the 22nd District of Cali- have it. known for a long time: that our com- fornia (Mrs. LOIS CAPPS). Mr. Speaker, prior to my service in munities are cracking at the seams. Mrs. CAPPS. Mr. Speaker, my this body, I served for 8 years as the Since 1990 in my home State of North thanks to the gentlewoman from the elected superintendent of schools in Carolina, my home county has grown Virgin Islands (Ms. CHRISTIAN-GREEN). the State of North Carolina. I have by 18.9 percent. Johnston County, an probably spent more time in school adjoining county, has grown by 25.3 Mr. Speaker, schools are so essential classrooms than any other member of percent. Our capital county of Wake in our future. I firmly believe that it is this Congress. has grown by a whopping 29.4 percent. our responsibility as a society to en- In fact, just this morning, I taught State legislatures from California to sure that our schools are not failing all the 6th graders; well, I am not sure Virginia are struggling to provide the our children. Rather, the role of I taught, I spoke with the 6th graders funds to build the schools that we need. schools is to assist families by provid- at Terrell Lane Middle School in I believe it is now time for Congress to ing a safe, even uplifting educational Louisburg, North Carolina, and we do their part. setting so that each child’s full poten- talked about the government and how The administration has requested tial can be realized. they respond to government. We had a that Congress approve in next year’s As a school nurse in the Santa Bar- delightful time. But I can tell my col- balanced budget a plan to provide $19.4 bara school system for over 20 years, I leagues from my experience that there billion in assistance to States for con- have seen firsthand the damage that are some wonderful things going on in struction, rehabilitation, or repair of deteriorating schools can do. Students the public schools in my State of North public school buildings. Under the ad- cannot thrive academically if they are Carolina and in the schools across the ministration’s plan, our State, my own learning in overcrowded and crumbling country. State, would receive roughly $300 mil- buildings. I can also tell my colleagues that we lion for school construction. As the gentlewoman just mentioned, need to invest to upgrade our infra- I support the administration’s plan, imagine how hard it would be for all of structure, to relieve the overcrowding, but I am also working on my own ini- us in Congress to work if we had to to reduce class sizes, and to restore a tiative to target additional school con- dodge falling plaster or work in our sense of order and discipline for a solid struction resources to those fast-grow- hallways or contend with leaky roofs. learning environment in the schools of ing States like North Carolina. We hap- It would surely interfere with our con- this country. Every day in America pen to be the second fastest growing centration, and this is exactly what is countless elementary and secondary State in the United States. North Caro- happening to children all over the school students are forced to attend lina happens to be second only to Cali- country at the most critical time in classes in trailers, closets, portable fornia in growth. their lives for learning. classrooms, and substandard facilities. The Secretary of Education has pro- According to the General Accounting In Wake County, which happens to be jected that over the next 10 years our Office, one out of every three schools in the county of our capital city, that State will experience the second larg- America needs extensive repair or re- county has 13,000 children who go to est growth rate in the country in the placement. Surely we can do better school every day in a trailer. In fact, in number of students enrolled in high than that for our children. Education communities throughout the United school. This phenomenon is known as is, first, a local and a State issue, but States, we have an urgent need to build the Baby Boom Echo. It will present I believe that we have a responsibility new schools, reduce overcrowding and some immense challenges all across to get involved at the Federal level as class sizes, and improve good discipline the country for school systems that are well. There is a role for us here. and provide for quality instruction. already under the stress of rapid This is a local problem which de- The General Accounting Office has growth. serves a national response. When local officially estimated that nationwide, I am drafting legislation to provide school bond measures fail, local com- there exist in America some $112 bil- $7.2 billion in school construction munities, with school boards, parents, H1434 CONGRESSIONAL RECORD — HOUSE March 24, 1998 and teachers, need to find other re- learning in school facilities which are land school committee budgets. I went sources to turn to. The proposed legis- well-equipped and up to date, including to all of our schools in the city, and I lation will assist local districts in pro- modern science labs and adequate wir- worked with members of the school viding that option for educational set- ing for access to computers and to the committee trying to put together tings that are quality for all of our stu- Internet. budgets that work for our community. dents. We are not keeping up with these de- Since I have been a Member of Con- Today I have cosponsored two bills mands, and we simply cannot afford to gress, I have talked in schools all which address this problem. The first is look the other way another minute. around the District. I have talked to introduced by my colleague, the gen- America is only as good as its schools. superintendents, school committee tlewoman from New York (Mrs. We know that. We cannot prepare our members, parents, teachers, principals, LOWEY), which will provide $5 billion in children for the 21st century in out- all trying to get a grip on the problems Federal funding for school construction dated schools. Let us make this a pri- we have with our schools, and what we across the Nation. Half of these funds ority for our children and for ourselves. need to do in order to make sure that would be distributed to the States and Ms. SANCHEZ. Mr. Speaker, I would our children get the best possible edu- the remaining half would target 100 just like to thank our new colleague, cation that will prepare them for the school districts with the largest num- and also say, considering that she is 21st century. ber of students living in poverty. For from California, that these initiatives We have a late spring in Maine. We the first time, the Federal Government are so important for our State in par- have, frankly, not much of a spring. We will enter into a partnership with our ticular. are not even in mud season yet. But I local communities to rejuvenate our For example, the proposal that the know that the debate is already begin- ailing schools. President and Vice President GORE ning, because the way we fund our Another innovative approach intro- have with respect to interest credits is schools in Maine is primarily, almost duced by my colleague, the gentle- so important, when we take a look at entirely, with State money and with woman from California (Mrs. the fact that when we pass a local bond local money; now more local money TAUSCHER), incorporates the use of issue to build new schools, in Califor- than State money. That is raised on State infrastructure banks which will nia we need two-thirds of the vote af- the basis of property taxes. be created with Federal seed money, firmative in order to pass that. So every year in certain communities By saying that the Federal Govern- around the State of Maine we have a and then offer a flexible menu of loan ment will give tax credits to pay the huge debate among those who are try- and credit enhancement assistance to interest cost, what we are actually ing to hold down property taxes and local school districts. I am also interested in proposals doing is giving an incentive to those on those who are trying to make sure that a local basis to take the responsibility the kids in that particular community raised by Vice President GORE, where on of building schools in their commu- have a fair chance to get a good edu- State governments could help schools nities, and saying, we are going to help cation and move ahead. That debate is issue bonds to modernize school facili- you hand-in-hand to ensure that the repeated all across the country. This is ties. Schools would owe only the prin- students of the gentlewoman’s area, a national problem. cipal to investors, who would receive who are the students of America, are If we expect our children to grow, to interest in the form of Federal tax going to succeed in the future. prosper, to learn, we have to take ac- credit. This is a great idea. California Mrs. CAPPS. If I could respond to the count of the environments in which we has made real progress in school con- gentlewoman, that is exactly why, are asking them to do that. With the struction, and yet in my own district I even though this is my second week on current condition of our Nation’s pub- have seen classrooms, being held in this job, during my campaign countless lic schools, the question we have to ask hallways, teachers lounges, utility parents told me how critical this is to is, what message are we sending to our rooms, and auditoriums. them in the State of California, where children? One out of every three On the other hand, when it goes well, local bond issues do fail, and where we schools in this country needs extensive we have so much to be proud of. Just can, as the Congress, offer not a heavy repair or replacement. three weeks ago I had the pleasure of hand but just a helping hand, a loan or Nearly 60 percent of schools in this touring the Sinsheimer School in St. seed money for an interest on a bank country have at least one major build- San Luis Obispo. I was amazed with the loan. That is what we are talking ing feature in disrepair: maybe a leak- advanced state of their school tech- about. ing roof, maybe a wall that is not quite nology program which allows children Ms. SANCHEZ. I thank the gentle- what it should be, maybe stairs that easy access to modern computer labs. woman. Now I yield to our good col- are deteriorating, but major problems. The same is true at the Joe Nightin- league, the gentleman from Maine (Mr. Nearly one out of every three schools gale School in Santa Maria, which was TOM ALLEN), from the other coast of in this country was built before World chosen as a blue ribbon school by the the United States. War II. Department of Education because of its Mr. ALLEN. Mr. Speaker, I thank There is a recent report by the Amer- superior test scores and community- the gentlewoman from California (Ms. ican Society of Civil Engineers which wide commitment to technology. SANCHEZ) and the gentlewoman from found that the only infrastructure cat- I have also had the pleasure of visit- the Virgin Islands (Ms. CHRISTIAN- egory in the United States to receive a ing recently Goleta’s Kellogg School, GREEN) for organizing this event to- failing grade is our schools, the only another fine example of educational night, and to say to our newest Rep- infrastructure category in the country. technology at work. If only all of our resentative in Congress, it is great to It will cost $112 billion to repair, ren- children could have such state of the have her here. She is going to be a won- ovate, and modernize our existing art classrooms and programs to return derful Representative for her district, I schools, and another $60 billion over to each morning. say to the gentlewoman from Califor- the next decade will be needed for new Really, this is what it is all about, nia (Mrs. CAPPS), and I am very glad to school construction. ensuring that all children, no matter see the gentlewoman here. Back in Maine we have some very what their economic status or the eco- Mr. Speaker, it is springtime in good schools. We have some schools nomic status of their community, that Maine. When I say springtime in that are relatively new, but we also all children have safe, clean, adequate Maine, I do not mean the snow is gone, have some schools that are run down, schools to attend each day. We must because it is still on the ground. When that are not being renovated, that are set our standards high, challenging our I say springtime in Maine, that it is not being replaced when they should teachers and students to be the best springtime in Maine, I am just saying be. It always comes back to that de- they could be and providing them with it is after March 21. What that means bate in the spring when some commu- the tools to do so. to most municipalities in Maine and nities, some school administrative dis- Today we are preparing students for most school administrative districts is tricts, realize they simply cannot af- jobs in the new economy, where tech- that budget time is coming. ford to bring their schools up to the nological skills are of the highest im- For 6 years I was a member of the level of quality that they think they portance. To do this, students must be Portland City Council. I read six Port- need. March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1435 Just in terms of numbers, in Maine bringing us here to talk about this year 2006 we are going to need 1.3 mil- there is about $60 million in urgent very important issue. I look forward to lion new workers in the information health, safety, and legal compliance working with them both to make sure technology field. What are we doing in needs in the public schools. The total that we get something done. this Nation to be able to train the stu- repair and renovation needs may be as Ms. CHRISTIAN-GREEN. Mr. Speak- dents for those jobs? In fact, the indus- high as $637 million. More than one- er, we thank the gentleman from try has said we do not want to do that; half of the schools in Maine have un- Maine (Mr. ALLEN) for joining us this we would rather import workers. satisfactory environmental conditions. evening. Now, I have got a problem with this. Air quality conditions are aggravating Mr. Speaker, I would now like to When we have got a lot of workers out asthma problems. That is a leading yield to the gentleman from Pennsyl- there, like in my region of the country, cause for absenteeism. vania (Mr. KLINK) for such time as he southwestern Pennsylvania, during the may consume. 1970s and 1980s we lost 155,000 industrial b 2145 Mr. KLINK. Mr. Speaker, I thank the jobs. During the debate on NAFTA, we And some schools are really being gentlewoman for yielding to me, and it admitted as a Nation that we were forced to close unsafe schools. is so nice to join my colleagues from going to watch many of what we called Now, as I said before, the question al- the Virgin Islands to California, from the low-wage, entry-level manufactur- ways comes up: How do we pay for Maine to North Carolina and all the ing jobs move off shore, but the new these schools? We have had referenda States in between to talk about some- economy, the Information Age, was in some communities where the school thing that really, this is an issue that going to ping up our work force and budget has been voted down not once really comes down to good Democratic create tens of thousands of jobs. but two or three or four times before Party ideals, something that we be- Well, if we are going to import work- we get a school budget through, and lieve in. ers from other nations rather than that is often just for the operating ex- So much has been said tonight about spending money on schools, rather penses. And when communities have the shortfall in investment in our than spending money on training the that kind of struggle over the operat- schools and the need that we have. We students and retraining that displaced ing expenses, they cannot get there in have heard the statistics and too often work force, what kind of a Nation are terms of funding the schools. these statistics just become raw num- we? We should be looking at our people The people are saying we need new bers that we start throwing around, in this country. We certainly want to schools, but we cannot figure out how millions and billions and shortfalls, but be a Nation that welcomes people; we to pay for them. The Federal Govern- there are real stories that are tied to have always done that. My family were ment pays only 7 percent of education the numbers that we are discussing on immigrants from Europe. Other fami- costs around the country and we could the floor tonight. lies are immigrants. We welcome that. do a little bit more to help our local There are a couple of things that But we also have a responsibility to property taxpayers, to help our local happen, and I think if we look at west- give hope to the sons and daughters of communities and school administra- ern Pennsylvania, we are in many ways the taxpayers who built this Nation. tive districts do some school renova- a composite of what is going on around And if we are going through a dif- tions, school expansions, and school re- the whole Nation. In cities like Pitts- ficult time where we enter a worldwide pairs. burgh and communities like Aliquippa economy, this Nation has to be willing The Federal Government, I believe, and Ambridge and Beaver Falls, those to put its money where its mouth is. should support States and local school old industrial communities people have We have to be willing to invest from districts, help them afford the costs of left because those industries have the Federal level on down in the build- school construction and modernization. closed down, and when they leave there ing of schools, in the creation of more I think that we in Congress can be they move into a suburban area or they classrooms and the modernization of proud of the fact that the 1997 Tax- move to other parts of our Nation. the teaching technologies that will payer Relief Act established qualified When they move to a new area, we match the technologies that these zone academy bonds, and they provide have to build new schools because the same students will be using in the a source of capital at little or no inter- population is increasing. We have to workplace. est. Now, while those qualified zone build new highways. We have to make Those schools need to be safe. Those academy bonds are a step in the right an investment in infrastructure. And schools need to be effective. And we direction, we need to do more. what is left behind is a shrinking tax have seen study after study where the Democrats in this House, including base of primarily elderly people, people atmosphere of the school, the condition the gentlewoman from California (Ms. who do not have the means to be able of the building, obviously has an im- SANCHEZ) have put forth a number of to pay property taxes, people who do pression on the ability of the students initiatives which support school con- not have the good jobs, but they are to learn and the teachers to teach. If struction and modernization. We need stuck in those communities. people are going to work in any job in to deal with those proposals. We need So what we are looking for is some the worst conditions, in the worst those proposals to be debated here on help from State and Federal Govern- physical plant, they cannot do the best the floor, not after hours, but while we ment to say to the kids who are stuck job. And as a young impressionable are engaged in our legislative work. in these communities that we are going student, if they are going to school in It is time to say to our children and to help, that we care; that as this Na- a school that is falling apart and the parents around this country that chil- tion begins to move from the Industrial roof is leaking and windows are broken dren remain our top priority for the Age into the Information Technology and there are dangers of asbestos and 21st century. Our goal this decade, this Age that we are here as a Nation to es- other kinds of things in the school century, has got to be to leave no child tablish an agenda to make sure that no building, then they cannot learn and behind, and we cannot do that if we are child is left behind; that we are invest- the teachers cannot teach and they trying to teach in crumbling schools ing in safe schools, we are investing in have a whole bad idea of their own self- around the country. It is time for a building more space, more classrooms esteem, the self-esteem of the school new national initiative to help not to so people are not jammed in. We are in- where they are coming from and they take over the school system, but sim- vesting in modern schools so that we say, what is there to strive for? ply to afford some financial assistance do not have leaky roofs or asbestos Mr. Speaker, we owe our children to our States and local communities to that can cause harm to those kids. better. And that is why I would like to help them upgrade the quality of our In fact, I was on the floor a little ear- thank both of my colleagues for mov- schools. lier during the 5-minute segments, ing forward with an idea that stands up Mr. Speaker, I just want to say talking about the fact that it has been for what the Democratic Party believes ‘‘thank you’’ to both the gentlewoman projected by our Commerce Depart- in. We believe that we have to take a from California (Ms. SANCHEZ) and the ment and by those people in the Infor- nationwide view of where this country gentlewoman from the Virgin Islands mation Technology Association of is going, of how this country is going (Ms. CHRISTIAN-GREEN) tonight for America that between now and the to compete in a worldwide economy; H1436 CONGRESSIONAL RECORD — HOUSE March 24, 1998 how we are going to prepare our work next 10 years to accommodate this dodgeball, and where they used to play force, both those students who are school population increase. soccer on the green fields, on the staff growing up now, our sons and daugh- These are the kinds of issues that parking lots. We are actually using ters as they are getting ready to enter H.R. 2695 is to address, and I think we more and more of the playground and the work force, and those workers who, could spend the few more minutes re- the other amenities that we need. as we have gone from a manufacturing maining to us to highlight some of the Mr. Speaker, I have gone to schools. industrial base technology into a tech- points in the bill offered by the gentle- One of the things about growing up in nology that is information based, that woman from California (Ms. SANCHEZ). the same area that I represent is that is scientific based, that is techno- GENERAL LEAVE I have gone to the same schools that I logically based, that we give them the Ms. SANCHEZ. Mr. Speaker, I ask went to. tools, give them the schools, make the unanimous consent that all Members b 2200 investment in those workers for train- may have 5 legislative days within ing and for retraining so that we can which to revise and extend their re- We used to have, a ‘‘breezeway’’ we educate that work force. Those people marks on the subject of this special used to call it, a separate hall. It is a need to become taxpayers, not tax re- order. tunnel between classrooms where you cipients. The SPEAKER pro tempore (Mr. have a large amount of classrooms so Mr. Speaker, that is what this party LEWIS of Kentucky). Is there objection that the teacher would not have to stands for. That is why I am proud to to the request of the gentlewoman take the children all the way around be a Democrat. That is why I am proud from California? all the building, of all the classrooms, to stand here at almost 10 o’clock when There was no objection. you had to wait to cut in between. And many people are home, but my col- Ms. SANCHEZ. Mr. Speaker, thank that separate hall now has doors up on leagues are here working because we you for the opportunity to talk about it and it has become a classroom. The cannot talk about these things during the particular bill that I have intro- broom closet of the janitor, the place the day. These things are not brought duced into the floor here. where he used to store his round barrel up on the floor during the day. They I have here a chart that I want to go with all the push brooms and every- are not bills that are put on the cal- over so that I can somewhat explain thing, has now become an office of a endar that we can vote on, even though some of the situation that is going on. therapist who now deals with 6 special 70 percent-plus of the American public Mr. Speaker, tonight we have many of ed children. These are the classrooms believes we need to invest. The Federal our colleagues here from across the Na- of today. Government needs to join the State tion. This is not just a California prob- And I have classrooms in my district government in investing, so that the lem. It is not just an Anaheim problem that actually do not have a classroom burden does not fall only on those peo- or a Santa Ana problem. It is really an assigned to them, classes that, thank ple paying property taxes, so that we opportunity for us to make the room to God, we are in Southern California, are not taxing the elderly out of their educate our children. they teach outside; and on a rainy day, homes by forcing the local government Remember that the schoolhouse is like when we have El Nino, we put to raise all the taxes and to make their not only the room in which we educate them in a classroom where there is al- own determination as to how they can our children of the Nation, but we also ready a class going on, and it makes it build school buildings. use our school buildings for other rea- very difficult to learn in those situa- So we need to find a national answer, sons. Boy Scout and Girl Scout meet- tions. and we in the Federal Government as ings, special meetings of the commu- So not only are we bulging at the the representatives of 500,000 people nity, and we do ESL classes at night seams already, not only have we used that reside in our district have that re- for new immigrants who want to learn up our space and now to the equivalent sponsibility. We have that responsibil- English. So the schoolrooms are actu- of 27 elementary schools, for example, ity as Democrats, as Republicans, as ally used more often than just the 5 or but on top of that we have this almost independents, as citizens of this great 6 hours during the school day. double-growing happening in our area. Nation. On this chart, this is the projected And that is why I say it is a local Mr. Speaker, I thank my colleagues increase of children in the next 10 concern, it is the responsibility of peo- for their leadership on this issue, and years across the United States. And we ple in local communities to stand up thank them for the time to join them, see here we have the five fastest grow- and say we need to do something about and to them I say, ‘‘May God bless you ing as far as projection of school- it and we want to do something about for your efforts.’’ children, the five fastest growing it. But it is also important for us to Ms. CHRISTIAN-GREEN. Mr. Speak- States: California, Hawaii, New Mex- help at the Federal level, especially er, I thank the gentleman from Penn- ico, Utah, Idaho at about 16 percent to when we cannot build a school fast sylvania very much for joining us. We 11 percent, growing in the next 10 enough to house the growth that is want to call on our colleagues to bring years. going on. That is why these tax incen- these issues to the floor for a vote, as Now here is the interesting point. tives are important. That is why we the gentleman from Maine (Mr. ALLEN) Here is the Anaheim Elementary need to get involved. said. It is important for us to gather School District, the elementary Now let me tell my colleagues, it is here this evening to discuss the needs schools of my hometown, and we are not just willy-nilly; we are not just for school construction in all of our growing at a 25 percent rate. Let me saying, oh, here, let us give away tax districts, but to be effective at doing tell my colleagues, Anaheim is a major dollars up here. First of all, the restric- this, we must bring it to debate on the city. It is the home of Disneyland. But tions on these are, for example, you floor when Congress is in session and I have a city right next to it, Santa must have already as a school district vote on these issues and make sure Ana, and Santa Ana is also a major done something to help alleviate this that in voting we leave no child behind, city and it has the youngest population problem. as he has said. of a major city across the United Let me tell my colleagues what they The gentleman from North Carolina States. What does that tell us? We are have done at home. We have gone to (Mr. ETHERIDGE) mentioned the ‘‘Baby full of youngsters in these towns. And year-round school. We do not go tradi- Boom Echo,’’ which is a Department of we are growing at a 25 percent rate and tionally September through June any Education report which highlights the yet, for example, in Santa Ana, we longer, and take the 3 months off of va- need for expanding our Nation’s class- have 600 portable classrooms. Now, if cation time in the summer. And that is rooms. That report says that it is pre- we do the math, 600 portable class- tough. Think about the fact that dicted that K through 12 enrollments rooms is the equivalent of 27 elemen- Southern California is a desert, so dur- will be at an all-time high of 52.2 mil- tary schools. New elementary schools. ing the summer it is very warm in the lion by this fall, and by 2007 the num- Where have we put these portable classrooms, and those classrooms were ber will reach 54.3 million. The Sec- classrooms? We have put them on not built with air conditioners. So in retary of Education anticipates that blacktop, on the places where our chil- those classrooms where we might have 6,000 schools need to be built over the dren used to play basketball and had the funds to put an air conditioner March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1437 in, usually the air conditioner is louder help because, it is a shame to say, but have ever seen, our children are learn- than the teacher in the classroom. So one of my school districts qualifies in ing. And guess what? No classrooms. it makes it very difficult to learn even that top 100 poverty-stricken school Here is another problem. We know if we have air conditioning in the class- districts across the Nation. what works: more outreach, more time room. But my bill would require that they with each child. It requires more rooms So we have done things. We have meet some basic provisions; that we in which to teach. I noticed that the gone to year-round school. In fact, in have a low income level; secondly, that President’s initiative, as it came for- Anaheim, if our bond issue does not the business community is working ward in the budget, had an 18-to-1 ratio pass on April 14, what will happen is we with them; and third, that they try to that he wants to try to implement will go to double sessions, little kids do something to help with the situa- across the United States. Why? Be- going early in the morning to school tion that they have before they would cause it works. We know it works. We and others coming home late at night qualify to have the opportunity to try have tested it in California. We are after 5:00 p.m., when it is already dark to pass a bond issue again, remember- there. The problem is ‘‘the fourth R,’’ at times during the year walking home ing in California this is a two-thirds where do we find the room for this to or coming home. It is a very dangerous vote, 66.7 percent of the people who happen? situation to be in. come to vote must say yes, and then Ms. CHRISTIAN-GREEN. I do not Or what happens if you are a mother they would get a tax incentive provi- know if my colleague has ever experi- with 2 or 3 children, some going to the sion to those investors in the bonds enced double sessions, but when I was a a.m. schedule, some going to the p.m. that would allow the interest cost to be PTA president and served on the board schedule, 1 of them going to a junior picked up basically by the Federal of education in the Virgin Islands, we high that is on the traditional 9-month Government. had double sessions; we had our chil- schedule, your other 2 children in the So it is not just willy-nilly, it is real- dren getting up in the dark, coming elementary school district going on the ly for those school districts like Ana- home in the dark, and it is a very un- year-round schedule? How are you sup- heim Elementary School that have satisfactory situation for children to posed to get your children there, take come forward and said, we need to do have to go through in trying to just get vacation, plan for the family? Think something, let us work very hard to a basic education. So we do not want about that. get this bond issue passed; and it is a our children to have to go through that Or think about the fact that now we way for the Federal Government to again. are having double or triple sessions of say, we understand the need that you Another point that was made was our children when they go to lunch and have there, we believe that ‘‘the fourth that schools are used for more than when our children stand 15 minutes in R’’ is important, and we are going to just educating our children; and also as line to get their lunch. They sit down help you with that. we have realized how important it is to and have got 3 minutes to eat it be- Ms. CHRISTIAN-GREEN. Mr. Speak- have small class size, we have realized cause they have got to clear the picnic er, I think we need to commend those the important role that school facili- table for the next set of children to school districts where they have made ties can play in our community for the come on in. They have tried to solve the effort to ease the overcrowding enrichment and the learning of the en- their problems effectively, but it is through creatively trying to address it. tire community. And so again it even underscores much more strongly how still not enough. But as my colleague has pointed out, in Here is another problem that occurs many of those instances where they important it is that we have facilities for example: If you are using the school have tried to accommodate the over- that can meet the many and varied needs of the community that we rep- all the time, when do you do the nor- crowded classrooms, our children have resent and that we serve. mal wear-and-tear maintenance? How suffered. They have to rush. They have Mr. SNYDER. Mr. Speaker, will the do you paint the graffiti out when the no playroom space. gentlewoman yield? kids are there all the time? It becomes And so the whole educational envi- Ms. SANCHEZ. I yield to the gen- very difficult. Do you pay the custo- ronment is compromised, and so they tleman from Arkansas. dian more to come in on Saturdays and do not get the kind of nurturing and Mr. SNYDER. I wanted to add my Sundays? Because that is overtime; support that school is supposed to pro- voice of support for what my col- that is extra time. How do you make vide; and so it is very important that leagues are talking about tonight. In sure the kids’ fingerprints do not show we pass bills such as yours to provide Arkansas, I kind of divide our State up on the wet paint because you cannot additional classrooms and alleviate into areas of rapid growth, the subur- get it dry overnight? These are the dif- that overcrowding and, in a sense, re- ban areas; and then we also have the ficulties that we are fighting, just very ward some of those schools that have areas in which we have had lots of practical difficulties. really worked very hard to keep the growth. And in all those areas there is Secondly, what other incentive, what standards of their classrooms up and a need for help with funding for school other restriction do we have? The busi- relieve the overcrowding. construction. ness community must be involved in Ms. SANCHEZ. Mr. Speaker, one of Our rapid-growth areas, I talk with the school district. And we have very the other things that is happening is superintendents, and each year they many partnership companies that have that we are realizing as a nation that talk about how can we keep up with adopted schools that are helping with the smaller amount of kids we have in the growth of the next year, another the technology aspect of schools. This the classroom with the teacher the elementary class? The problem we have is another thing that we put in. more they learn. We have tried in Cali- with the folks that lose population is Third, another way to qualify, an- fornia for the past 18 months the 20-to- how do they keep up with the old other qualification that you need for 1 ratio. Our kids, we used to have 28, 32, school buildings? this bill that we have got. They must 40 kids sometimes to every teacher in I go, as I am sure all of my colleagues have some children, at least 35 percent, the classroom. So we tried in the be- do, into the school buildings and take who are on the school lunch program, ginning classes, first grade, second tours and meet the kids; and I went i.e., it is a lower income area, someone grade, third grade, to try to accommo- into one classroom and there was a who really needs the help. Because we date and go to 20-to-1 ratio. We put the huge hole in the wall. And every year were talking about property taxes ear- money forward to do that, and we have they would patch it, but it is a struc- lier and there are really some school brought on new teachers. tural problem and it leaks. And so districts in dire straits. There is also a teacher problem; but those kids go in there every day to see Now, the issues for renovation that we brought on new teachers, we cut it the area where plaster is falling off the we already passed in the Tax Relief Act down to 20-to-1. And where we have wall, yet we consider this as one of our this past August targets the 100 most done that up and down the State of very premier high schools in Arkansas, poverty-stricken school districts across California, we have seen an improve- and I think it is a real problem. the Nation. But there are even more ment in test scores. Teachers that It is too easy for us sitting here in who need help. I have to tell my col- work with the children in the class- Washington to say, that is a local prob- leagues, I know just how much we need rooms say this is the best thing they lem, it is a State problem, it is not H1438 CONGRESSIONAL RECORD — HOUSE March 24, 1998 anything we should worry about. And them computers or bring them comput- grants and national tests. But tomorrow morn- yet we expect our kids to be competi- ers or to get them connected, but to ing, millions of children will go to school in tive around the world in jobs. We ex- redo the infrastructure that our chil- buildings that are inadequate. pect our kids to go into military and dren use. We have an opportunity in this Congress, in provide national defense. We expect Ms. CHRISTIAN-GREEN. Well, I do his budget cycle, to give these children the our kids to be top, premier scientists not know if there are any points that classrooms they need to achieve their full aca- to compete with the rest of the world. my colleague still wants to bring out demic potential. Let's not let them down. And yet we are going to turn our back in her bill. Mrs. McCARTHY of New York. Mr. Speaker, on these school building problems, I want to join my colleague who said I rise today to join my colleagues in support of which I think is a real big part of what earlier how proud he was to be a Demo- school construction. I believe that the best makes our kids do well in math and crat. We have several proposals that way to give young people the chance to suc- science with reading skills that we all have been mentioned here this evening. ceed in life is to ensure that they have a qual- expect. We have H.R. 2695. We have one of the ity education. I spend every Monday and Fri- So I do not know what the answer is gentleman from New York (Mr. RAN- day in the schools on Long Island, talking with in terms of the bill. But I know the GEL), H.R. 3320. The gentlewoman from students, teachers, principals, superintend- first part of it is to call attention to New York (Mrs. LOWEY) has a bill. The ents, and parents about how we can make the the problem, and I commend my col- gentlewoman from California (Mrs. education system work better. In visiting these leagues for doing it. In fact, I was back TAUSCHER) has a bill. schools, I see teachers and students who are at my apartment watching C–SPAN The Democrats really have been committed to education. And these visits show and I thought, by gosh, I want to get in working very, very hard to improve me that we have great schools on Long Is- my two cents’ worth on this issue. Be- education, beginning with the Presi- land. But these visits also show that many of cause it is a big issue for Arkansas, and dent’s initiative. the buildings in which our students learn are I appreciate my colleagues doing the b 2215 inadequate, overcrowded, and in poor condi- work on it. I think with all of the bills that have tion. Ms. CHRISTIAN-GREEN. Mr. Speak- been mentioned here this evening, we Mr. Speaker, what kind of message do we er, we appreciate our colleague running are putting together quite a com- send kids about reading when their libraries over to join us and offering those words prehensive package that will begin to have no books? What message do we send to of encouragement and support. address the deficiencies in the school our teachers about teaching when their class- Ms. SANCHEZ. I want to add some- facilities while we also try to address rooms are overcrowded and run-down? And thing to that. My colleague talked giving the children the tools that they what message do we give to the world about about how we want our children to need and the teachers the tools that our ability to compete globally when our com- compete and be the best in the world. they need to educate our children. I am puters are hopelessly outdated? And we know that we are in an infor- very proud to be a part of this caucus. These problems were repeated in many of mation age now, we are in the 21st cen- I look forward to working with the the schools I visited across Long IslandÐover- tury. I just had the Vice President out other members of the caucus on their crowded classrooms, leaky roofs, broken and he is a big pusher of technology in legislation and to see that it is passed. doors, poor heating and bad ventilation sys- the classroom, and I was trying to tell Ms. SANCHEZ. Mr. Speaker, I would tems. And this surprised me. I thought as him that in Anaheim Elementary, here like to end by thanking all my col- many others do that this was an urban prob- is another reason why we need that leagues for spending their time tonight lem. Well, I was very wrong. bond issue passed on April 14. We have to highlight the situation, to bring I decided to find out the true extent of the 3, count them, 3 phone lines into each forth their ideas and in response, yes, problem. Last Fall, I sent out a survey to every of our elementary schools. That means it is great to be a Democrat and to Superintendent in my District, asking them when people call, to call in their kids bring forward these initiatives. I hope about the physical condition of their schoolsÐ being sick that morning, there are only that we actually get them on during the age of the buildings, whether they needed 3 phone lines they can call in. the legislative day and get to vote on renovations, the quality of the roofs, the win- If someone needs to fax something, some of these proposals. dows and the walls, and whether they had ac- they are going to be using one of those Mr. TORRES. Mr. Speaker, I rise in support cess to the Internet. phone lines. If the principal needs to be of increased funding for school construction The response was overwhelming and in- talking to somebody or making a and for bond initiatives to assist local commu- sightful. Twenty three percent of schools say phone call out, he or she is going to be nities in school improvement projects. that additional space is a top problem and 44 using one of those phone lines. There I have received numerous letters from my percent said that classes are held in other are only 3 phone lines into that entire constituents regarding the need for action in areas. After the survey results were in, I vis- school. this matter. These are not letters from large ited the Washington Rose School, a school If the teacher is in a classroom and organizations or big corporations with a finan- that reported many problems. I toured the fa- an emergency is going on, there is no cial agenda. These letters are from junior high cility with the principal, superintendent, and phone line into her classroom. Some- and high school students in my district. The parents. And I talked with wonderful, bright body has to get through the phone line are writing me to ask what I can do about the children who are very eager to learnÐbut at the front office and then somebody leaking ceilings and the crumbling walls in stuck in a school with physical problems. has to run down to that teacher’s class- their schools. One of the high schools in my In fact, one of the most serious was the room and tell her something is going district has an entire section of its buildings speech teacher's officeÐa small desk with two on and get the problem solved. Only 3 sectioned off because it has been condemned. chairs out in the stairwell. I thought to myself, phone lines at a time. This is not only a crisis in my district but a cri- how can any child work through a learning dis- Think about it, in our own busi- sis throughout the country. ability in the stairwell, with other children pass- nesses, imagine if in our businesses we We tell our children that they must maintain ing by? had 60 managers and we had all these better grades, and that they must perform to Who is to blame for these problems? I have clients coming in and we had only 3 higher standards, yet, we send them to spoken with the principals, superintendents, lines coming into our office, 3 lines in schools that are falling apart. And we ask our teachers and the parents in my district. They which to fax, et cetera, and call and teachers, who have one of the hardest jobs in are committed to making their school buildings take calls outside and bring calls in. the world and are grossly underpaid, to per- the very best they can be. But it is expensive How much work would we really get form at higher standards, while sending them to rebuild and repair schools. And local money done? to work in substandard buildings. is simply not available. And then add this to it. If we wanted One of the more promising ideas for reform School construction and renovation affect to be on the Internet on your comput- is to reduce class size. This is a proven, effec- every corner of the nation, and each child in ers, if we wanted to be connected to the tive method for improving academic achieve- school now demands our attention. If we pro- rest of the world the way all of us are ment in students, but we need more class- vide funds for school construction, then we will now connected, we cannot do it on 3 rooms to accomplish this goal. send a clear message to our young people phone lines alone. And that is why we We talk about reforming the public school that, yes, we do care about your education, need to put money not just to buy system and debate over vouchers, block and, yes, we do want you to learn in the best March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1439 environment possible. We can do no less for gious faith but that are not applied to an establishment of religion or prohib- our children. other forms of speech. iting the free exercise thereof. Now, f Why is religious speech singled out without even getting into the point of for discrimination? Mr. Speaker, in whether a school is creating an act of RELIGIOUS FREEDOM 1962, the U.S. Supreme Court ruled that the Congress, and we are kind of two The SPEAKER pro tempore (Mr. even when participation was voluntary different bodies at two different levels, LEWIS of Kentucky). Under the Speak- and even if it was some sort of non- but to say that they are ignoring the er’s announced policy of January 7, sectarian prayer, it was unconstitu- part of the Constitution that says you 1997, the gentleman from Oklahoma tional, they said, for school children to do not prohibit the free exercise of reli- (Mr. ISTOOK) is recognized for 60 min- join together in a prayer in their class- gion, because what the Court did, Mr. utes. room. That was followed by other Su- Speaker, in all of these cases is to say Mr. ISTOOK. Mr. Speaker, I am preme Court decisions, Stone v. that having a prayer or the Ten Com- thankful for the opportunity to address Graham in 1980, in which the U.S. Su- mandments or a moment of silence or a an extremely significant issue that re- preme Court said that the Ten Com- nativity scene or a menorah, that that lates to our schools, that relates to mandments could not be displayed on was the same as creating an official some of our most cherished principles the walls of a public school. Mr. Speak- church. How absurd. An official church as citizens of the United States of er, I would note that that decision created just because you have a pray- America and that unfortunately in- came out of your home State of Ken- er? We open sessions of this Congress volves things which the courts of the tucky because it was Kentucky schools with a prayer. The House and the Sen- United States have thrust upon the that had the practice. Groups would ate, just like legislative bodies all people despite the unwillingness of the make copies of the Ten Command- around the country, be it State legisla- people, in fact despite great concern ments available and they would be tures or city councils or private and opposition by the public. hung with other important documents groups, Chamber of Commerce meet- This relates, Mr. Speaker, to the as the source of law as well as the ings, Kiwanis Club, Rotary Club, PTA matter of what happens in our public source of spiritual guidance. meetings, people commonly open those schools. It relates to the practices that I notice, Mr. Speaker, here in the things with prayer, just as we do here have gone on for generations upon gen- Chamber of this House as I am facing in Congress. It is normal. It does not erations in this country involving and as the Speaker faces from the make us a church just because we have prayer in public bodies, in particular, Speaker’s dais, right there is the visage a prayer. But the Supreme Court says, in our schools. of Moses looking down on this Cham- ‘‘Oh, you have a prayer at school and I am not talking about this just to be ber, the great lawgiver who brought you’re turning the school into a talking about it, Mr. Speaker. I am down from Mount Sinai the Ten Com- church.’’ Therefore, they ignore the doing it because we are going to have mandments which cannot be displayed free exercise clause of the Constitu- an opportunity in the next few weeks in public schools. The U.S. Supreme tion. here in the House of Representatives to Court says it is unconstitutional. We have been living under this for 36 vote on correcting what the courts in They went beyond that. They ruled years. The only way that we are going the United States have done, what the in a case that came out of Pennsyl- to be able to fix this is with the reli- U.S. Supreme Court has done in its vania, they ruled that a nativity scene gious freedom amendment, to straight- bans and restrictions and prohibitions and also a Jewish menorah could not en out the courts, by saying that the on the practice of simple prayers being be placed on public property during the things they have said are somehow offered at public school. That particu- holiday season unless right up there wrong are indeed, as the American peo- lar legislation is the Religious Free- next to it you put nonreligious em- ple believe, right. dom Amendment, House Joint Resolu- blems, like plastic reindeer and Santa I said I wanted to focus on a particu- tion 78. I am privileged to be the prin- Claus and Frosty the Snowman. They lar case. That was the case in 1992 of cipal sponsor of it. There are over 150 had to be balanced. But, Mr. Speaker, I Lee v. Weisman. What I would like to Members of this body who are sponsors have never heard of any community do, Mr. Speaker, is in different eve- as well. I would like to share with my that is required if they want to put out nings during these special orders in colleagues the text of that. The Reli- Santa Claus that they have to balance talking about the religious freedom gious Freedom Amendment is very him with a nativity scene or a menorah amendment, I think it is important to simple and straightforward and tries to or whatever it may be. It seems to be dissect and to help Members of this return us to what were bedrock prin- a one-way street. body as well as the general public to ciples of this country until the Su- The U.S. Supreme Court kept going. understand what the courts said so preme Court began undercutting those They had the case in 1985 of Wallace v. that we can understand the necessity principles some 36 years ago. The text Jaffree. It came out of Alabama. Ala- of correcting it with the religious free- is very straightforward and reads as bama had a law that said you can have dom amendment. After all, that has follows as an amendment to the U.S. a moment of silence to start the day at been the method that we have used to Constitution: school, a moment of silence. The U.S. correct Supreme Court decisions ever To secure the people’s right to acknowl- Supreme Court ruled that was uncon- since the 1800s in America, including, edge God according to the dictates of constitutional, because one of the per- for example, Supreme Court decisions science, neither the United States nor any mitted uses of that moment of silence such as the Dred Scott decision that State shall establish any official religion, was to enable students to have a silent were trying to uphold the practice of but the people’s right to pray and to recog- prayer, and thus they said the whole slavery. We made sure that it was out- nize their religious beliefs, heritage or traditions on public property, including schools, moment of silence is even unconstitu- lawed. shall not be infringed. Neither the United tional. And then a case upon which I Mr. Speaker, looking at the Lee v. States nor any State shall require any per- would like to elaborate in 1992. By a 5– Wiseman case, and I would note, it is a son to join in prayer or other religious activ- 4 decision, the case of Lee v. Wiseman 5–4 decision of the U.S. Supreme Court. ity, prescribe school prayers, discriminate out of Rhode Island, the U.S. Supreme Had one justice, just one of the nine against religion or deny equal access to a Court ruled a prayer at a school grad- justices of the U.S. Supreme Court benefit on account of religion. uation to be unconstitutional. It was a gone the other way, we would not have It is simple and it is straightforward. prayer that was offered by a Jewish this same problem when it comes to It states that just as the constitutions rabbi. The court held it was unconsti- being able to have a prayer at a school of every single State in this country tutional. graduation. Yet because one justice state, we believe in the people’s right All of these things, Mr. Speaker, are would not go the other way, we have to to acknowledge God, and expressly what the Supreme Court has done to get two-thirds of the House of Rep- mentions him, as the constitutions of twist and distort and undermine our resentatives, two-thirds of the Senate the States do. No official religion, but First Amendment, the very first right to approve a constitutional amend- not these restrictions that are put on mentioned in the First Amendment, ment, and of course then it has to be prayer and positive expressions of reli- Congress shall make no law respecting ratified by the legislatures in three- H1440 CONGRESSIONAL RECORD — HOUSE March 24, 1998 fourths of the States, all because by a ways but often they chose to make know, a good-size graduating class margin of 5–4 the Supreme Court made these part of the graduation cere- from this middle school. this ruling. monies. No one else joined in the court case This was a very strange ruling, Mr. to say I also object, just one student, b 2230 Speaker, because the Supreme Court and that is part of the problem with rested the whole decision on the notion The objector in this case was Debo- the standard, the erroneous standard that to expect someone during a prayer rah Weisman and her father Daniel that has been created by the Supreme is psychological coercion that the ma- Weisman. The school principal invited Court. If one person objects, everyone jority of the Supreme Court equated a Jewish rabbi to offer the prayer. The else is censored. In fact, they have even with the same as using compulsion on rabbi’s name was Leslie Gutterman, said even if nobody does object, the someone to have a particular religion and he was from the Temple Beth El in possibility that somebody could object just because at this graduation the stu- Providence, Rhode Island. is enough to make us say that you dents were expected to be respectful, Now these were the two prayers that should not have prayers at school grad- not only respectful of the prayer of- he offered Mr. Speaker, which the Su- uations or prayers at the start of the fered by the rabbi but respectful of the preme Court held were unconstitu- school day. other speakers, respectful of the people tional, and I think people can decide Since when, Mr. Speaker, does some- as they came in as a group, as part of for themselves if they think there is thing have to be unanimous before we this graduation, respectful of the other something offensive here. The invoca- can say it under free speech in the people in attendance. But, oh, if it was tion offered by Rabbi Gutterman was USA? And why should we restrict reli- respect for the rabbi’s prayer, oh, there as follows: gious speech? the Supreme Court said, ‘‘Well, you God of the free, hope of the brave, for But let me get back to what Justice can’t expect people to be respectful of the legacy of America where diversity Kennedy wrote for this five—four- religion. After all, they may disagree.’’ is celebrated and the rights of minori- Court majority. He mentioned the par- Okay. I disagree with many of the ties are protected, we thank You. May ties stipulate attendance at these grad- things said on the floor of this House. these young men and women grow up uations is voluntary, and they also That does not mean that I have a right to enrich it. For the liberty of Amer- note the students stood for the Pledge to silence and to censor the people who ica, we thank You. May these new of Allegiance, and then they remained may say it. It is common in everyday graduates grow up to guard it. For the standing for the rabbi’s prayers, and life. In all sorts of settings, we hear political process of America in which the court wrote that they assume that things with which we disagree. That all its citizens may participate, for its there was a respectful moment of si- does not give us the right to censor and court system where all may seek jus- lence just before and just after the silence people. But this notion of polit- tice, we thank You. May those we prayers, but despite that, the rabbi’s ical correctness which has been ex- honor this morning always turn to it in two prayers probably did not last much tended into schools is saying, ‘‘Oh, but trust. For the destiny of America, we beyond a minute each, if even that my goodness, if somebody doesn’t like thank You. May the graduates of Na- much. it, let’s see if we can find an excuse to than Bishop Middle School so live that Now the school board, and by the way silence them,’’ and they twist and dis- they might help to share it. May our the United States of America through tort the First Amendment to make it aspirations for our country and for the Solicitor General’s Office, sided anti-religious instead of positive to- these young people who are our hope with the school board. The Solicitor ward religion and use that as an excuse for the future be richly fulfilled. Amen. General filed a brief on behalf of the to silence people. Let us look at this So the invocation by Rabbi school. The school board argued that decision. The decision came down from Gutterman even praised the very the short prayers and others like it are of profound meaning to many students the U.S. Supreme Court June 24, 1992. courts which later said that he violated and parents throughout the country. The justices who said that this prayer the Constitution in doing so. As Justice Kennedy noted, they con- at a school graduation was unconstitu- Then there is the benediction that sider that due respect and acknowledg- tional were Justices Kennedy, Black- the rabbi offered at the close of the ment for divine guidance and for the mun, Stevens, O’Connor and Souder. graduation. These were the words that deepest spiritual aspirations of our Dissenting and, boy, did they dissent in he pronounced: people ought to be expressed at an very clear terms, dissenting were Jus- O God, we are grateful to you for event as important in life as gradua- tices Scalia, Rehnquist, the Chief Jus- having endowed us with a capacity for tion. tice, White, and Thomas. learning which we have celebrated on Now first the plaintiffs, the I am looking at the Supreme Court this joyous commencement. Happy Weismans, asked for a court injunction decision and for people that look up families give thanks for seeing their to stop the prayer from taking place. these things and want to look up the children achieve an important mile- The court said we do not have time be- reference, which is called the citation, stone. Send your blessings upon the fore the graduation, did not grant the it is cited as 505 U.S. 577. That is 505 teachers and administrators who injunction. They maintained the suit United States Reports, page 577. As the helped prepare them. The graduates after the prayers were given, the court Court wrote, and Justice Kennedy now need strength and guidance for the made the decision, oh, it should not wrote the opinion for the majority and future. Help them to understand that have happened, it was unconstitu- a lot of organizations got involved in we are not complete with academic tional, and they held, of course, a vio- this, and I am glad to say, Mr. Speaker, knowledge alone. We must each strive lation of the first amendment. They by the way, that most of those who to fulfill what you require of us all, to issued a permanent injunction against were arguing in favor of the graduation do justly, to love mercy, to walk hum- the school system there in Providence, prayer are also supporters of the reli- bly. We give thanks to you, Lord, for Rhode Island, saying you are perma- gious freedom amendment. The prayer keeping us alive, sustaining us and al- nently enjoined, do not do this again, actually happened in 1989. The Su- lowing us to reach this special happy do not have one of these horrible pray- preme Court took 3 years to make its occasion. Amen. ers at school graduation. decision. But it was a public school, That was the benediction offered by Of course, I do not think it is hor- Nathan Bishop Middle School in Provi- Rabbi Gutterman which again the U.S. rible, I think it is normal. But the dence, Rhode Island. There was a 14- Supreme Court, because someone chose court held that it was unconstitu- year-old girl who was one of the grad- to find it offensive, the U.S. Supreme tional, and on appeal the U.S. Court of uates of middle school, her name was Court ruled it unconstitutional. Appeals agreed with the district court, Deborah Wiseman. At the time she was Now in this, Mr. Speaker, do you no- as ultimately the U.S. Supreme Court about 14 years old. Now, it was the pol- tice the case was brought by and on be- did. icy in the schools and the superintend- half of one student? Now Justice Kennedy wrote, well, ent to permit principals to invite mem- Now the Court does not tell us clear- even though attendance is voluntary at bers of the clergy to give invocations ly just how big the class was. It was graduation it is really kind of obliga- and benedictions. Often, it was not al- evidently, from other comments you tory because you expect students to March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1441 want to be at their graduation. And We have taken to heart what they prayer ever since the first Congress. they found a lot of criticism with the said, and what they believe is the prop- And this Court’s own sessions have fact that the actual invitation to the er interpretation of the Constitution opened with the invocation ‘‘God save rabbi, rather than coming maybe from and I think what the American people the United States and this Honorable a student body officer or something believe is the proper interpretation. We Court’’ since the days of Chief Justice like that, the fact that the invitation have sought to incorporate that in the Marshall. was extended by the principal of the religious freedom amendment upon In addition to this general tradition school, the Supreme Court thought which we will soon be voting. of prayer at public ceremonies, there that was very significant. Now I do not So let us look then at what these exists a more specific tradition of invo- know how that affected necessarily the four Justices wrote through Justice cations and benedictions at public nature of the prayer that the rabbi Scalia. Talking about the majority rul- school graduation exercises. gave, but the rabbi was given a copy of ing, they wrote: By one account, the first public high different guidelines for civic occasions. As its instrument of destruction, the school graduation ceremony took place And that was the name of the docu- bulldozer of social engineering, the in Connecticut in July 1868, the very ment, Guidelines for Civic Occasions, Court invents a boundless and bound- month, as it happens, that the Four- that the principal gave him and said, I lessly manipulable test of psycho- teenth Amendment was ratified, when hope your prayers are going to be non- logical coercion; lays waste a tradition 15 seniors from the Norwich Free Acad- sectarian. And, as the Court said, well, that is as old as public school gradua- emy marched in their best Sunday that was a State effort to control the tions themselves, and that is a compo- suits and dresses into a church hall and prayer. nent of an even more long-standing waited through majestic music and Now imagine that. They say we hope American tradition. long prayers. that you will offer a prayer that will be Today’s opinion shows more forcibly than As the Court acknowledges in de- as acceptable as possible to people, and volumes of argumentation why our Nation’s scribing the customary features of high the Court says that is the same as con- protection, that fortress which is our Con- school graduations, the invocation and trolling the content. stitution, cannot possibly rest upon the benediction have long been recognized And then the Court went on to say changeable, philosophical predilections of to be as traditional as any other parts that it is unconstitutional for the gov- the Justices of this Court, but must have deep foundations in the historic practices of of the school graduation program and ernment to try to suggest that a prayer our people. are widely established. seek common ground. Really, they really said that. This is what Justice They went on to discuss, Mr. Speak- Yet, Mr. Speaker, despite what 4 dis- Kennedy wrote, these are his words: If er, some of the historic practices of senting Justices were telling them in common ground can be defined which prayer in public settings. As they the words which I am reading to you, permits one’s conflicting faiths to ex- wrote, the history and tradition of our Mr. Speaker, despite that, just by a press the shared conviction that there Nation are replete with public cere- margin of 5 to 4, the Supreme Court is an ethic and morality which tran- monies featuring prayers of thanks- said you should not have prayer at scends human invention, the sense of giving and petition. school graduations. community and purpose sought by all In his first inaugural address, after Now, these dissenting 4 Justices, Mr. decent societies might be advanced. swearing his oath of office on a Bible, Speaker, they turned their attention But though the first amendment does George Washington deliberately made then to the argument, this psycho- not allow the government to stifle a prayer part of his first official act as logical coercion argument that had prayers which aspire to these ends, nei- President. Such supplication has been been made by Justice Kennedy on be- ther does it permit the government to a characteristic feature of inaugural half of the majority. Let me read you undertake that task for itself. addresses ever since. what they wrote about this. I find it very interesting, Mr. Speak- Thomas Jefferson, for example, According to the Court, students in er, that Justice Kennedy says the first prayed in his first inaugural address. In graduation who want to avoid the fact amendment does not allow the govern- his second inaugural address, Jefferson or appearance of participation in the ment to stifle prayers, and yet that is acknowledged his need for divine guid- invocation and benediction are psycho- what the Supreme Court did in this ance and invited his audience to join logically obligated by public pressure very case. They stifled the prayers. his prayer. as well as peer pressure to stand as a They said that it may have happened Reading further from the Court dis- group or at least maintain respectful that time but do not let us catch you sent, similarly, James Madison, in his silence during those prayers. first inaugural address, placed his con- doing it again. This assertion, the very linchpin of fidence in the guardianship and guid- the Court’s opinion, is almost as in- b 2245 ance of that Almighty Being whose triguing for what it is does not say as What a remedy. They say that they power regulates the destiny of nations. for what it says. It does not say, for ex- knocked out the prayer to avoid insult- Most recently, President Bush, con- ample, that students are psycho- ing the rabbi who offered the prayer. tinuing the tradition established by logically coerced to bow their heads, to It is really hard for me, Mr. Speaker, President Washington, asked those at- place their hands in a prayerful posi- to follow this psychological coercion tending his inauguration to bow their tion, to pay attention to the prayers, test that Justice Kennedy and the ma- heads and made a prayer his first offi- to utter amen, or in fact to pray. jority of the Supreme Court wrote cial act as President. about in this decision. I think it is Reading further from Justice Scalia, It claims only that the psychological much more fruitful to look at what the the day after the First Amendment was coercion consists of being coerced to four Justices wrote when they dis- proposed, Congress urged President stand or at least maintain respectful sented, that being Justices Scalia, Washington to proclaim a day of public silence. That is all anybody was co- Chief Justice Rehnquist, Justice White, thanksgiving and prayer to be observed erced to do. Nobody was required to and Justice Thomas. by acknowledging with grateful hearts join in a prayer. They were just ex- This is what they wrote countering the many and signal favors of Al- pected to be respectful. what the Supreme Court had done. I mighty God. President Washington re- Mr. Speaker, it is a sad day when stu- would like to advise you, Mr. Speaker, sponded by declaring Thanksgiving for dents in public schools are not taught that it is the philosophy that was November 26, 1789. to be respectful even, and perhaps espe- voiced by four Justices of the U.S. Su- Reading further from the dissent in cially, when somebody is saying or preme Court in this dissent; it is that the Lee v. Weisman case, the other two doing something with which they dis- philosophy which is embodied in the re- branches of the Federal Government agree. ligious freedom amendment. In fact, in also have a long-established practice of The 4 dissenting Justices called the other cases impinging upon religious prayer at public events. As we detailed arguments of their 5 brethren ludi- freedom, there were dissents filed by in Marsh v. Chambers, congressional crous. That is their word for it, ludi- other Justices of the Supreme Court. sessions have opened with a chaplain’s crous. But they wrote further, let us H1442 CONGRESSIONAL RECORD — HOUSE March 24, 1998 assume the very worst, that the non- require any person to join in prayer or b 2300 participating graduate is suddenly co- other religious activity, but that does We have had a lot of senseless deci- erced to stand. Even that does not re- not give you the right to censor and si- sions from the U.S. Supreme Court motely establish a participation or an lence those who do. when it comes to prayer in public appearance of participation in a reli- And as Justice Scalia noted here, schools, at graduation, the ability to gious exercise. does this mean that under this test have the Ten Commandments displayed The Court acknowledges that in our that the Supreme Court applied to in public places, or a nativity scene, a culture, standing can signify adherence graduation prayer, now we are going to menorah, or it might be an emblem of to a view or simple respect for the have to go back and ban the Pledge of some other religious holiday at an ap- views of others. But if it is a permis- Allegiance from our public schools? Be- propriate time of celebration. But, Mr. sible inference that one who is stand- cause it is the same coercion to be re- Speaker, to strip away the history, the ing is doing so simply out of respect for spectful for that. culture, the tradition, the beliefs, the the prayers of others, then how can it Mr. Speaker, it is long overdue that faith and the heritage of the people of possibly be said that a reasonable dis- we correct decisions like this that have the United States of America, not by a senter could believe that the group ex- come from the U.S. Supreme Court, de- joint decision of the people of this ercise signifies her own participation cisions that have used the First country, but by bare majorities or even or approval. Amendment not as a shield of protec- a 9-to-0 decision of the U.S. Supreme The opinion manifests that the Court tion for religious freedom of the Court, to tromp upon the beliefs and itself has not given careful consider- U.S.A., but as a weapon to stifle simple convictions of the people of this coun- prayers, simple expressions of faith, ation to its test of psychological coer- try is not justified by the First Amend- whether it be at a school graduation or cion. For if it had, how could it observe ment. in a classroom. with no hint of concern or disapproval Mr. Speaker, I do not want to change Let me read some of the last words the Constitution to fix this, but there that the student stood for the pledge of that were written by the 4 Justices who allegiance which immediately preceded is no other way, because the Supreme stood strong for our values and our tra- Court has already distorted our First Rabbi Gutterman’s invocation? ditions and dissented from this deci- Does that not ring a bell, Mr. Speak- Amendment, using it as a weapon sion in Lee versus Weisman. Here is against public expression of faith; er? Is that now how we open our ses- what they wrote in closing their decisions of this Congress? We stand to- using it to censor and to silence simple sion or their dissent: prayers of hope and faith by children in gether, and we say the Pledge of Alle- The reader has been told much in this case giance to the flag that is draped behind our schools. about the personal interest of Mr. Weisman The religious freedom amendment, you, Mr. Speaker, and a prayer is of- and his daughter and very little about the fered. The Supreme Court said that personal interests on the other side. They Mr. Speaker, addresses this, and we that simple pattern was unconstitu- are not inconsequential. Church and State will be addressing it in the next few tional in a public school setting. would not be such a difficult subject if reli- weeks. It has been approved by the Now, about this requirement of gion were, as the Court apparently thinks it Subcommittee on the Constitution; it standing, which is the only thing that to be, some purely personal avocation that has been approved by the House Com- can be indulged entirely in secret, like por- mittee on the Judiciary; it will be com- any student was asked, not compelled, nography in the privacy of one’s room. For but they said, well, it was coercion. It ing to this floor for a vote, to correct most believers, it is not that and has never decisions such as this one and others of was coercion to expect him to stand, been. even though they were not forced to. Religious men and women of almost all de- the U.S. Supreme Court. As Justice Scalia wrote in the dis- nominations have felt it necessary to ac- I repeat, Mr. Speaker, a simple text, sent, if students were psychologically knowledge and beseech the blessing of God as the Religious Freedom Amendment: coerced to remain standing during the a people and not just as individuals, because To secure the people’s right to acknowl- they believe in the protection of Divine edge God according to the dictates of con- invocation, they must also have been Providence, as the Declaration of Independ- science. Neither the United States nor any psychologically coerced moments be- ence put it, not just for individuals, but for State shall establish any official religion, fore to stand for, and thereby, in the societies. but the people’s right to pray and to recog- Court’s view, to take part in or appear One can believe in the effectiveness of such nize the religious beliefs, heritage or tradi- to take part in the Pledge of Alle- public worship or one can deprecate and de- tions on public property, including schools, giance. Must the pledge, therefore, be ride it, but the long-standing American tra- shall not be infringed. Neither the United dition of prayer at official ceremonies dis- States nor any State shall require any per- barred from the public schools? plays with unmistakable clarity that the es- I mention that, Mr. Speaker, because son to join in prayer or other religious activ- tablishment clause does not forbid the gov- ity, proscribe school prayers, discriminate there is another U.S. Supreme Court ernment to accommodate it. against religion, or deny equal access to a decision, it is 50 years old now, 50 years Nothing, absolutely nothing, the benefit on account of religion. old this year, relating to the Pledge of closing words of Justice Scalia, noth- Religion is something that is good in Allegiance in public schools. I think, ing, absolutely nothing is so inclined this country. It has had a positive in- Mr. Speaker, that it incorporates the to foster among religious believers of fluence ever since it motivated the pil- proper standard, whether you are talk- various faiths a toleration, no, an af- grims to come to America and to found ing about at the graduation or the fection for one another than volun- this Nation, because they sought reli- classroom setting, the proper standard. tarily joining in prayer together. No gious freedom; they sought the protec- Because in that case, which came out one should be compelled to do that, but tions that the Supreme Court would of West Virginia, West Virginia versus it is a shame to deprive our public cul- deny people today. Barnette, the U.S. Supreme Court said ture of the opportunity and, indeed, Mr. Speaker, I urge my colleagues to no child can be compelled to say the the encouragement for people to do it support the Religious Freedom Amend- Pledge of Allegiance. That is fine with voluntarily. ment. To those who have not joined the me, Mr. Speaker. I do not want to com- The Baptist or Catholic who heard more than 150 cosponsors, I invite them pel someone to say the Pledge of Alle- and joined in the simple and inspiring to join and put their name on this giance if they do not wish to say it. prayers of Rabbi Gutterman on this of- amendment and join with us today in But what the Court did not do was to ficial and patriotic occasion was inocu- that. I hope that their constituents say that, because one child objects or lated from religious bigotry and preju- will call their offices and tell them might object, therefore, they can stop dice in a manner that cannot be rep- they need to be supporting the Reli- the other children from saying the licated. gious Freedom Amendment, they need Pledge of Allegiance. To deprive our society of that impor- to put their name on it. They need to That ought to be the standard that tant unifying mechanism in order to be helping Congressman Istook and the applies to prayer, to voluntary prayer spare the nonbeliever what seems to others who are supporting this. at public schools or at a school gradua- me the minimal inconvenience of Mr. Speaker, this is something that tion. No one is compelled to partici- standing or even sitting in respectful is so vital because our cherished first pate. The religious freedom amend- nonparticipation is as senseless in pol- freedom is being undercut by the Su- ment makes that explicit. You cannot icy as it is unsupported in law. preme Court that is supposed to be its March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1443 guardian, and the Constitution sets up Mrs. CUBIN, for 5 minutes, on March Mr. TORRES. a system where if something goes 25. f wrong with interpretation of the Con- Mrs. KELLY, for 5 minutes, today. Mr. BURTON of Indiana, for 5 minutes, stitution, we offer an amendment, be- SENATE ENROLLED BILL SIGNED cause we, Mr. Speaker, are charged to on March 25. be the protectors of what the Founding Mr. JONES, for 5 minutes, on March The SPEAKER announced his signa- Fathers intended, and the Religious 25. ture to an enrolled bill of the Senate of Freedom Amendment helps us to pro- Mr. EHRLICH, for 5 minutes, on March the following title: vide that protection. 25. S. 758. An act to make certain technical f Mr. METCALF, for 5 minutes, on corrections to the Lobbying Disclosure Act March 25. of 1995. LEAVE OF ABSENCE (The following Members (at their own f By unanimous consent, leave of ab- request) to revise and extend their re- sence was granted to: marks and include extraneous mate- ADJOURNMENT Ms. WATERS (at the request of Mr. rial:) Mr. ISTOOK. Mr. Speaker, I move GEPHARDT) for today through April 1, Mr. FRANK of Massachusetts, for 5 that the House do now adjourn. on account of official business. minutes, today. The motion was agreed to; accord- Mr. YATES (at the request of Mr. GEP- Mr. FOX of Pennsylvania, for 5 min- ingly (at 11 o’clock and 5 minutes HARDT) for today, on account of phys- utes, today. p.m.), the House adjourned until to- ical reasons. Mr. SMITH of Michigan, for 5 minutes, morrow, Wednesday, March 25, 1998, at Mr. JEFFERSON (at the request of Mr. today. 10 a.m. GEPHARDT) for today through April 3, (The following Members (at their own on account of official business. request) to revise and extend their re- f Mr. MCDERMOTT (at the request of marks and include extraneous mate- Mr. GEPHARDT) for today through rial:) EXECUTIVE COMMUNICATIONS, March 27, on account of official busi- Mr. BURTON of Indiana, for 5 minutes, ETC. ness. today. Under clause 2 of rule XXIV, execu- Mr. RANGEL (at the request of Mr. Ms. JACKSON-LEE of Texas, for 5 min- tive communications were taken from GEPHARDT) for today through April 1, utes, today. the Speaker’s table and referred as fol- on account of official business. f lows: Mr. STARK (at the request of Mr. GEP- EXTENSION OF REMARKS 8171. A letter from the Congressional Re- HARDT) for today and March 25, on ac- view Coordinator, Animal and Plant Health count of official business. By unanimous consent, permission to Inspection Service, transmitting the Serv- Mr. ROYCE (at the request of Mr. revise and extend remarks was granted ice’s final rule—Bamboo [Docket No. 96–082– ARMEY) for today through April 1, on to: 2] received March 24, 1998, pursuant to 5 account of traveling on behalf of the (The following Members (at the re- U.S.C. 801(a)(1)(A); to the Committee on Ag- Speaker of the House of Representa- quest of Mr. BORSKI) and to include ex- riculture. tives with the President of the United traneous matter:) 8172. A communication from the President States in Africa. Mr. KIND. of the United States, transmitting his requests for an emergency FY 1998 supple- Mrs. CHENOWETH (at the request of Mr. MANTON. mental appropriation of $1,632.2 million for Ms. NORTON. Mr. ARMEY) for today, on account of disaster relief activities of the Federal illness. Mr. HALL of Ohio. Emergency Management Agency, and accom- Mr. CANNON (at the request of Mr. Mr. MORAN of Virginia. panying amendment, pursuant to 31 U.S.C. ARMEY) for today and the balance of Mr. SCHUMER. 1107; (H. Doc. No. 105—234); to the Committee the week, on account of the birth of his Mr. EVANS. on Appropriations and ordered to be printed. child. Mr. KENNEDY of Rhode Island. 8173. A letter from the Chairman, Panel to f Mr. KUCINICH. Review Long-Range Air Power, transmitting Mr. LANTOS. the report of the Panel To Review Long- Range Air Power, pursuant to Pub. L 105—56 SPECIAL ORDERS GRANTED Mr. PASCRELL. and Public Law 105—85, section 131; to the Mr. HAMILTON. By unanimous consent, permission to Committee on National Security. address the House, following the legis- Mr. LIPINSKI. 8174. A letter from the Acting Director, Of- lative program and any special orders Mrs. MEEK of Florida. fice of Sustainable Fisheries, National Oce- heretofore entered, was granted to: Mr. BENTSEN. anic and Atmospheric Administration, trans- (The following Members (at the re- Mr. FATTAH. mitting the Administration’s final rule— quest of Mr. BORSKI) to revise and ex- Mr. FROST. Fisheries of the Exclusive Economic Zone tend their remarks and include extra- (The following Members (at the re- Off Alaska; Closure of Specified Groundfish neous material:) quest of Mr. WELDON of Florida) and to Fisheries in the Bering Sea and Aleutian Is- lands [Docket No. 971208298–8055–02; I.D. Mr. CONYERS, for 5 minutes, today. include extraneous matter:) 031198A] received March 24, 1998, pursuant to Mr. FRANK, for 5 minutes, today. Mr. DAVIS of Virginia. 5 U.S.C. 801(a)(1)(A); to the Committee on Ms. WOOLSEY, for 5 minutes, today. Mr. LEWIS of California. Resources. Mr. DAVIS of Illinois, for 5 minutes, Mr. RIGGS. 8175. A letter from the Chief, Regulations today. Mrs. ROUKEMA. Unit, Internal Revenue Service, transmitting Mr. HINCHEY, for 5 minutes, today. Mr. GINGRICH. the Service’s final rule—Rulings and deter- Mr. KLINK, for 5 minutes, today. Mr. EVERETT. mination letters [Rev. Proc. 98–28] received Ms. BROWN of Florida, for 5 minutes, Mr. SOLOMON. March 24, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and today. Mr. COLLINS. Means. Ms. PELOSI, for 5 minutes, today. Mr. SMITH of Oregon. 8176. A letter from the Chief, Regulations Ms. EDDIE BERNICE JOHNSON of Texas, Mr. TAYLOR of North Carolina. Unit, Internal Revenue Service, transmitting for 5 minutes, today. (The following Members (at the re- the Service’s final rule—Weighted Average Mr. ENGEL, for 5 minutes, today. quest of Mr. ISTOOK) and to include ex- Interest Rate Update [Notice 98–18] received Mr. MORAN, for 5 minutes, today. traneous matter:) March 24, 1998, pursuant to 5 U.S.C. Mr. PALLONE, for 5 minutes, today. Mr. BASS. 801(a)(1)(A); to the Committee on Ways and (The following Members (at the re- Mr. TIERNEY. Means. 8177. A letter from the Secretary of De- quest of Mr. WELDON of Florida) to re- Ms. MILLENDER-MCDONALD. fense, transmitting supplemental informa- vise and extend their remarks and in- Mr. LEWIS of Kentucky. tion on the proposed obligation of certain clude extraneous material:) Mr. CONYERS. Cooperative Threat Reduction Program Mr. EWING, for 5 minutes, each day Mr. EVANS. funds; jointly to the Committees on Inter- today and on March 25, 26, and 27. Mr. KANJORSKI. national Relations and National Security. H1444 CONGRESSIONAL RECORD — HOUSE March 24, 1998 REPORTS OF COMMITTEES ON vironmental laws, to establish a program to Mr. WYNN, Ms. RIVERS, and Ms. JACK- PUBLIC BILLS AND RESOLUTIONS inventory and analyze public and private for- SON-LEE): ests, and for other purposes; to the Commit- H.R. 3537. A bill to amend title 18, United Under clause 2 of the rule XIII, re- tee on Agriculture, and in addition to the States Code, to prohibit the delivery of alco- ports of committees were delivered to Committee on Resources, for a period to be hol to minors; to the Committee on the Judi- the Clerk for printing and reference to subsequently determined by the Speaker, in ciary. the proper calendar, as follows: each case for consideration of such provi- By Mr. PALLONE (for himself and Mr. sions as fall within the jurisdiction of the GREEN): Mr. STUMP: Committee on Veterans’ Af- committee concerned. H.R. 3538. A bill to amend title XXVII of fairs. H.R. 3211. A bill to amend title 38, By Mrs. MALONEY of New York (for the Public Health Service Act to limit the United States Code, to enact into law eligi- herself, Mr. MCDERMOTT, Ms. CHRIS- amount of any increase in the payments re- bility requirements for burial in Arlington TIAN-GREEN, Mr. GEJDENSON, Mr. quired by health insurance issuers for health National Cemetery, and for other purposes; HILLIARD, Ms. KAPTUR, Mr. LANTOS, insurance coverage provided to individuals with an amendment (Rept. 105–458). Referred Ms. LOFGREN, Mr. NADLER, Ms. NOR- who are guaranteed an offer of enrollment to the Committee of the Whole House on the TON, Mr. RUSH, Mrs. THURMAN, and under individual health insurance coverage State of the Union. Ms. WOOLSEY): relative to other individuals who purchase Mr. YOUNG of Alaska: Committee on Re- H.R. 3531. A bill to support breastfeeding health insurance coverage; to the Committee sources. H.R. 2186. A bill to authorize the by new mothers and encourage employers to on Commerce. Secretary of the Interior to provide assist- support workplace lactation programs, and By Mr. REDMOND (for himself, Mr. ance to the National Historic Trails Inter- for other purposes; to the Committee on SKEEN, and Mr. SCHIFF): pretive Center in Casper, Wyoming (Rept. Education and the Workforce, and in addi- H.R. 3539. A bill to amend the Radiation 105–459). Referred to the Committee of the tion to the Committees on Ways and Means, Exposure Compensation Act to provide for Whole House on the State of the Union. House Oversight, Government Reform and payment of compensation to individuals ex- Mr. DIAZ-BALART: Committee on Rules. Oversight, and Commerce, for a period to be posed to radiation as the result of working in House Resolution 390. Resolution providing subsequently determined by the Speaker, in uranium mines and mills which provided for consideration of the bill (H.R. 2589) to each case for consideration of such provi- uranium for the use and benefit of the amend the provisions of title 17, United sions as fall within the jurisdiction of the United States Government, and for other States Code, with respect to the duration of committee concerned. purposes; to the Committee on the Judici- copyright, and for other purposes (Rept. 105– By Mr. DAN SCHAEFER of Colorado: ary. 460). Referred to the House Calendar. H.R. 3532. A bill to authorize appropria- By Ms. RIVERS: Mrs. MYRICK: Committee on Rules. House tions for the Nuclear Regulatory Commis- H.R. 3540. A bill to assess the impact of the Resolution 391. Resolution providing for con- sion for fiscal year 1999, and for other pur- North American Free Trade Agreement on sideration of the bill (H.R. 2578) to amend the poses; to the Committee on Commerce. domestic job loss and the environment, and Immigration and Nationality Act to extend By Mr. COLLINS: for other purposes; to the Committee on the visa waiver pilot program, and to provide H.R. 3533. A bill to terminate the exception Ways and Means. for the collection of data with respect to the provided for certain real estate investment By Mrs. ROUKEMA: number of non-immigrants who remain in trusts from the rules relating to stapled en- H.R. 3541. A bill to amend the Internal Rev- the United States after the expiration of the tities; to the Committee on Ways and Means. enue Code of 1986 to provide that the $500,000 period of stay authorized by the Attorney By Mr. CONDIT (for himself, Mr. exclusion of gain on the sale of a principal General (Rept. 105–461). Referred to the PORTMAN, Mr. GOODE, Mr. SOLOMON, residence shall apply to certain sales by a House Calendar. Mr. DREIER, Mr. BISHOP, Mr. ARMEY, surviving spouse; to the Committee on Ways Mr. BURTON: Committee on Government Mr. STENHOLM, Mr. GOSS, Mr. MCIN- and Means. Reform and Oversight. H.R. 3310. A bill to TYRE, Mr. LINDER, Mr. JOHN, Ms. By Mr. SMITH of Oregon: amend chapter 35 of title 44, United States PRYCE of Ohio, Mr. CRAMER, Mr. H.R. 3542. A bill to clarify the Bureau of Code, for the purpose of facilitating compli- MCINNIS, Mr. HASTINGS of Washing- Land Management’s authority to make sales ance by small businesses with certain Fed- ton, Mrs. MYRICK, Mr. BOEHNER, Mr. and exchanges of certain Federal lands in the eral paperwork requirements, and to estab- DOOLITTLE, Mr. SESSIONS, Mr. State of Oregon, and for other purposes; to lish a task force to examine the feasibility of CHABOT, and Mr. TURNER): the Committee on Resources. streamlining paperwork requirements appli- H.R. 3534. A bill to improve congressional By Mrs. LINDA SMITH of Washington: cable to small businesses; with an amend- deliberation on proposed Federal private sec- H.R. 3543. A bill to amend the Federal Elec- ment (Rept. 105–462 Pt. 1). Referred to the tor mandates, and for other purposes; to the tion Campaign Act of 1971 to prohibit a polit- Committee of the Whole House on the State Committee on Government Reform and ical committee from reimbursing a can- of the Union. Oversight, and in addition to the Committee didate for election for Federal office for DISCHARGE OF COMMITTEE on Rules, for a period to be subsequently de- amounts provided to the committee in sup- Pursuant to clause 5 of rule X the termined by the Speaker, in each case for port of the candidate’s campaign; to the consideration of such provisions as fall with- Committee on Small Business dis- Committee on House Oversight. in the jurisdiction of the committee con- By Mr. UPTON: charged from further consideration. cerned. H.R. 3544. A bill to amend the National Sea H.R. 3310 referred to the Committee of By Mr. ENSIGN (for himself, Mr. NEY, Grant College Program Act with respect to the Whole House on the State of the Mr. CHRISTENSEN, Mr. GIBBONS, and the treatment of Lake Champlain; to the Union, and ordered to be printed. Mr. SHAYS): Committee on Resources. H.R. 3535. A bill to establish limits on med- f By Mr. BOYD (for himself and Mr. ical malpractice claims, and for other pur- STENHOLM): TIME LIMITATION OF REFERRED poses; to the Committee on the Judiciary, H. Con. Res. 248. Concurrent resolution ex- BILL and in addition to the Committee on Com- pressing the sense of Congress that the Inter- merce, for a period to be subsequently deter- nal Revenue Code of 1986 should be reformed Pursuant to clause 5 of rule X the fol- mined by the Speaker, in each case for con- by April 15, 2001, in a manner that protects lowing action was taken by the Speak- sideration of such provisions as fall within the Social Security and Medicare Trust er: the jurisdiction of the committee concerned. Funds, that is revenue neutral, and that re- By Mr. KENNEDY of Rhode Island: sults in a fair and less complicated tax code; H.R. 3310. Referral to the Committee on H.R. 3536. A bill to amend the Internal Rev- to the Committee on Ways and Means. Small Business extended for a period ending enue Code of 1986 to encourage the construc- By Mr. EVANS (for himself, Mr. SMITH not later than March 24, 1998. tion in the United States of luxury yachts, of New Jersey, Mr. KENNEDY of Mas- f and for other purposes; to the Committee on sachusetts, Mr. FILNER, Mr. DOYLE, Ways and Means, and in addition to the Com- Mr. MASCARA, Mr. PETERSON of Min- PUBLIC BILLS AND RESOLUTIONS mittee on Commerce, for a period to be sub- nesota, Mr. REYES, and Mr. Under clause 5 of rule X and clause 4 sequently determined by the Speaker, in RODRIGUEZ): of rule XXII, public bills and resolu- each case for consideration of such provi- H. Con. Res. 249. Concurrent resolution sions as fall within the jurisdiction of the stating the sense of Congress that substan- tions were introduced and severally re- committee concerned. tial amounts of the proceeds received by the ferred, as follows: By Ms. MILLENDER-MCDONALD (for United States under any congressionally ap- By Mr. SMITH of Oregon: herself, Mr. HASTINGS of Florida, Ms. proved tobacco settlement should be allo- H.R. 3530. A bill to address the destruction KILPATRICK, Ms. NORTON, Mr. cated to the Department of Veterans Affairs; and degradation of important forest re- FALEOMAVAEGA, Mr. RANGEL, Mr. to the Committee on Veterans’ Affairs. sources on Federal lands in the United DAVIS of Illinois, Ms. BROWN of Flor- By Mr. BEREUTER (for himself and States through a program of recovery and ida, Mr. LEWIS of Georgia, Mr. Mr. BERMAN): protection consistent with the requirements GUTIERREZ, Mr. MARTINEZ, Ms. H. Res. 392. A resolution relating to the im- of existing public land management and en- DELAURO, Mr. LANTOS, Mr. PALLONE, portance of Japanese-American relations and March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1445

the urgent need for Japan to more effec- H.R. 2125: Mrs. ROUKEMA. H.R. 3433: Mr. RAMSTAD, Mr. ENGLISH of tively address its economic and financial H.R. 2163: Mr. PAUL. Pennsylvania, Mr. HAYWORTH, Mr. HULSHOF, problems and open its markets by eliminat- H.R. 2223: Mr. GIBBONS. Mr. RANGEL, Mr. MATSUI, Mr. LEWIS of Geor- ing informal barriers to trade and invest- H.R. 2275: Mr. KUCINICH. gia, Mr. NEAL of Massachusetts, Mrs. THUR- ment, thereby making a more effective con- H.R. 2313: Mr. CAMPBELL. MAN, Ms. KAPTUR, Ms. LOFGREN, and Mr. tribution to leading the Asian region out of H.R. 2396: Mr. MCHALE, Mr. OLVER, and Ms. KLINK. its current financial crisis, insuring against STABENOW. H.R. 3440: Mr. DAVIS of Florida. a global recession, and reinforcing regional H.R. 2400: Mr. ROGERS. H.R. 3464: Mr. EDWARDS and Mr. MARTINEZ. stability and security; to the Committee on H.R. 2424: Mr. GOSS. H.R. 3469: Mr. BARRETT of Wisconsin. International Relations, and in addition to H.R. 2433: Mr. LUTHER, Ms. LOFGREN, Mr. H.R. 3502: Mr. GILMAN, Mr. HOYER, Mr. the Committees on Banking and Financial BARRETT of Wisconsin, and Mr. WAXMAN. KLECZKA, Mr. BOEHLERT, Mr. BENTSEN, Mr. Services, and Ways and Means, for a period H.R. 2497: Mr. CONDIT. RAHALL, Mr. ADAM SMITH of Washington, and to be subsequently determined by the Speak- H.R. 2538: Mr. COOKSEY, Mr. CALVERT, Mr. Mr. ANDREWS. er, in each case for consideration of such pro- PAPPAS, Mr. GINGRICH, Mr. LANTOS, and Mr. H.R. 3510: Ms. BROWN of Florida, Ms. visions as fall within the jurisdiction of the THOMAS. FURSE, and Mr. SERRANO. H.R. 2549: Ms. NORTON. committee concerned. H.R. 3514: Mr. KILDEE, Mr. KUCINICH, and H.R. 2635: Mr. KUCINICH. Mr. BENTSEN. f H.R. 2652: Mrs. TAUSCHER. H.R. 3526: Mr. LEVIN and Mr. FARR of Cali- H.R. 2670: Ms. PELOSI and Mr. CASTLE. fornia. ADDITIONAL SPONSORS H.R. 2701: Ms. BROWN of Florida, Mr. BOR- H.J. Res. 71: Mr. NORWOOD, Mr. PETERSON SKI, Mr. TORRES, and Mr. JENKINS. Under clause 4 of rule XXII, sponsors of Pennsylvania, Mr. SESSIONS, Mr. HALL of H.R. 2821: Mr. HASTINGS of Washington and were added to public bills and resolu- Texas, Mr. RAHALL, Ms. GRANGER, and Mr. Mr. MCDERMOTT. SOLOMON. tions as follows: H.R. 2828: Mr. KENNEDY of Rhode Island. H.J. Res. 78: Mr. ROGAN and Mr. OXLEY. H.R. 96: Mr. SCARBOROUGH. H.R. 2829: Ms. JACKSON-LEE, Mr. MCINTOSH, H. Con. Res. 188: Mr. HINCHEY. H.R. 306: Mr. KING of New York. Mrs. MORELLA, Mr. PAYNE, Mr. SISISKY, Mr. H. Con. Res. 203: Mr. MORAN of Virginia and H.R. 543: Mr. PETERSON of Minnesota and FORD, and Mr. MOAKLEY. C ADE Mr. LANTOS. H.R. 2923: Mr. SHERMAN, Mr. STARK, and Mr. M D . OODLING H.R. 612: Mr. REGULA, Mrs. MINK of Hawaii, Mr. LEWIS of California. H. Con. Res. 211: Mr. G . Mr. WEXLER, Mr. HUTCHINSON, and Mr. LIV- H.R. 2938: Mr. BONILLA. H. Con. Res. 228: Ms. RIVERS, Mr. MATSUI, INGSTON. H.R. 2955: Mr. HINCHEY. Mr. LUTHER, and Mr. DOOLEY of California. H.R. 746: Mr. OBERSTAR. H.R. 2962: Mr. BALDACCI. H. Con. Res. 229: Mr. BARR of Georgia, Mr. H.R. 777: Mr. KENNEDY of Massachusetts. H.R. 3001: Mr. COYNE, Ms. PELOSI, and Ms. BASS, Mr. BILBRAY, Mr. BLILEY, Mr. FILNER, H.R. 815: Ms. SANCHEZ. DEGETTE. Mr. HUNTER, Mr. MCNULTY, Mr. PITTS, Mr. H.R. 836: Mr. WEXLER, Mr. CHRISTENSEN, H.R. 3014: Mr. CAMPBELL. STEARNS, Mrs. THURMAN, Mr. WATTS of Okla- Mr. ADAM SMITH of Washington, and Mrs. H.R. 3048: Mr. CLYBURN, Mr. ROHRABACHER, homa, and Mrs. WOOLSEY. MORELLA. and Mr. BILBRAY. H. Con. Res. 239: Mr. LEACH. H.R. 859: Mr. LEWIS of Kentucky. H.R. 3097: Mr. PETERSON of Pennsylvania. H. Res. 83: Mr. BLUMENAUER. H.R. 864: Mr. GUTIERREZ, Ms. KAPTUR, Mr. H.R. 3099: Mr. WEYGAND and Mr. RANGEL. H. Res. 363: Mr. CALLAHAN, Ms. PELOSI, Mr. MASCARA, Mr. SHERMAN, Mr. LANTOS, Ms. H.R. 3131: Mr. GREENWOOD. BENTSEN, Mr. CLAY, Ms. FURSE, Mr. BACHUS, PELOSI, Mr. CUMMINGS, Mr. PASTOR, Ms. H.R. 3140: Mr. BARCIA of Michigan, Mr. Mr. FARR of California, Mr. GUTIERREZ, Mr. MCKINNEY, Mr. SNYDER, and Mrs. MINK of SKEEN, Mr. TANNER, Mr. LUCAS of Oklahoma, SANDERS, Mr. GONZALEZ, and Mr. BILBRAY. Hawaii. Mr. WATTS of Oklahoma, Mr. ETHERIDGE, Mr. H. Res. 387: Mr. MEEHAN, Mr. ACKERMAN, H.R. 872: Mr. CAMP, Mr. FRELINGHUYSEN, HANSEN, Mr. HASTINGS of Washington, Mr. Mr. BARRETT of Wisconsin, Mr. BONIOR, Mr. Mr. LEWIS of California, and Ms. WOOLSEY. SMITH of Oregon, and Mr. HOEKSTRA. OLVER, Mr. FILNER, Mr. SERRANO, Mr. SNY- H.R. 3155: Mr. EVANS. H.R. 880: Mr. SMITH of Michigan. DER, Mr. TIERNEY Mr. MCGOVERN, and Mr. H.R. 3181: Mr. FORD. H.R. 922: Mr. CAMP. MANTON. H.R. 3205: Mr. KILDEE and Mr. RODRIGUEZ. H.R. 923: Mr. CAMP. f H.R. 3211: Mr. WELDON of Florida, Mr. H.R. 979: Mrs. MORELLA, Mr. JOHN, Mr. GOODLING, Mr. CHRISTENSEN, Mr. LARGENT, DELETIONS OF SPONSORS FROM BARRETT of Wisconsin, Mr. PETERSON of Min- Mr. ABERCROMBIE, and Mr. KLECZKA. nesota, Mr. SHERMAN, Mr. PASCRELL, and Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 3217: Mr. HAYWORTH, Mrs. KENNELLY PACKARD. of Connecticut, and Mr. FOLEY. Under clause 4 of rule XXII, sponsors H.R. 981: Mr. OLVER, Mr. BECERRA, Mr. H.R. 3241: Mr. PITTS. were deleted from public bills and reso- DELAHUNT, and Mrs. CAPPS. H.R. 3242: Mr. CALVERT and Mr. ENGLISH of lutions as follows: H.R. 982: Mr. WAXMAN. Pennsylvania. H.R. 1070: Mr. SNYDER. H.R. 740: Mr. SHIMKUS. H.R. 3249: Mr. WOLF. H.R. 1121: Mr. CHAMBLISS and Mr. H.R. 981: Mrs. MYRICK. H.R. 3255: Ms. FURSE. H.R. 1415: Mr. MCINTOSH. REDMOND. H.R. 3260: Mr. RAMSTAD, Ms. RIVERS, Mr. f H.R. 1231: Mr. KENNEDY of Rhode Island and OXLEY, Mr. PORTER, and Mr. PETRI. Mr. SKAGGS. H.R. 3269: Ms. FURSE and Mr. GREEN. AMENDMENTS H.R. 1234: Ms. CARSON. H.R. 3275: Mr. SCHIFF. H.R. 1322: Mr. NORWOOD, Mr. PETERSON of H.R. 3279: Mr. GONZALEZ and Mr. MARTINEZ. Under clause 6 of rule XXIII, pro- Pennsylvania, Mr. SESSIONS, Mr. HALL of H.R. 3295: Mr. MANTON, Mr. SPENCE, Mr. posed amendments were submitted as Texas, Mr. RAHALL, Ms. GRANGER, and Mr. SKELTON, Mr. DEFAZIO, Mr. TURNER, Mr. follows: SOLOMON. HOYER, Mr. SYNDER, Mr. LUTHER, Mr. SISI- H.R. 2578 H.R. 1378: Mr. GOODLATTE. SKY, Mr. TAYLOR of Mississippi, Ms. MCKIN- OFFERED BY: MR. LAFALCE H.R. 1401: Mr. BOEHLERT. NEY, Ms. FURSE, and Mr. WATT of North H.R. 1500: Ms. SANCHEZ. Carolina. AMENDMENT NO. 1: Page 2, after line 22, in- H.R. 1525: Mr. ANDREWS. H.R. 3297: Mrs. EMERSON and Mr. CRAPO. sert the following: H.R. 1555: Mr. MCGOVERN, Ms. MILLENDER- H.R. 3314: Mrs. MYRICK. SEC. 3. AMENDMENT OF THE ILLEGAL IMMIGRA- MCDONALD, Mr. FAZIO of California, and Mr. H.R. 3318: Mr. HYDE, Mr. DOOLEY of Califor- TION REFORM AND IMMIGRANT RE- WEYGAND. nia, Mr. WATKINS, Mr. YOUNG of Alaska, Mr. SPONSIBILITY ACT OF 1996. H.R. 1573: Mr. WAXMAN, Mr. FILNER, Mr. KLINK, Mr. ROYCE, Mr. POMEROY, Mr. (a) IN GENERAL.—Section 110(a) of the Ille- UNDERWOOD, and Mr. LAMPSON. ENGLISH of Pennsylvania, Mr. COOKSEY, Mr. gal Immigration Reform and Immigrant Re- H.R. 1586: Mr. NADLER. DAVIS of Virginia, Mr. PASCRELL, Mr. PAXON, sponsibility Act of 1996 (8 U.S.C. 1221 note) is H.R. 1595: Mr. ENSIGN. Ms. FURSE, and Mr. NADLER. amended to read as follows: H.R. 1689: Mrs. JOHNSON of Connecticut and H.R. 3331: Mr. LEWIS of Kentucky, Mr. ‘‘(a) SYSTEM.— Mr. FOLEY. HOEKSTRA, and Mrs. MYRICK. ‘‘(1) IN GENERAL.—Subject to paragraph (2), H.R. 1737: Mr. ABERCROMBIE. H.R. 3335: Mr. MCCOLLUM. not later than 2 years after the date of the H.R. 1864: Mr. BLUMENAUER. H.R. 3336: Mr. SCARBOROUGH. enactment of this Act, the Attorney General H.R. 2009: Mr. RODRIGUEZ, Ms. NORTON, Mr. H.R. 3351: Mr. PORTMAN. shall develop an automated entry and exit LEVIN, Mr. FOX of Pennsylvania, Mr. HORN, H.R. 3396: Mr. STOKES, Mr. WELDON of control system that will— Mr. PRICE of North Carolina, Mr. WYNN, Mr. Pennsylvania, Mr. GOODLING, Mr. SISISKY, ‘‘(A) collect a record of departure for every KENNEDY of Massachusetts, Mr. STRICKLAND, Mr. ROHRABACHER, Mr. MOAKLEY, Mr. HORN, alien departing the United States and match Ms. JACKSON-LEE, and Mr. MEEHAN. Mr. BACHUS, Mr. SKEEN, Mr. FORD, and Mr. the record of departure with the record of H.R. 2120: Mr. MORAN of Virginia. BALDACCI. the alien’s arrival in the United States; and H.R. 2124: Mr. DIAZ-BALART and Mr. GOOD- H.R. 3400: Mr. MCDERMOTT, Mr. SANDERS, ‘‘(B) enable the Attorney General to iden- LING. and Mrs. CLAYTON. tify, through on-line searching procedures, H1446 CONGRESSIONAL RECORD — HOUSE March 24, 1998

lawfully admitted nonimmigrants who re- 150 the number of full-time inspectors as- (1) SEEKING ENTRY INTO GUAM FOR 15 DAYS main in the United States beyond the period signed to active duty at the land borders of OR LESS.—The alien is applying for admission authorized by the Attorney General. the United States by the Customs Service, during the pilot program period (described in ‘‘(2) EXCEPTION.—The system under para- above the number of such positions for which subsection (d)) as a nonimmigrant visitor graph (1) shall not collect a record of arrival funds were made available for the preceding (described in section 101(a)(15)(B) of the Im- or departure— fiscal year. One-half of the inspectors added migration and Nationality Act (8 U.S.C. ‘‘(A) at a land border or seaport of the under the preceding sentence in each fiscal 1101(a)(15)(B))) and solely for entry into and United States for any alien; year shall be assigned to the northern border stay on Guam for a period not to exceed 15 ‘‘(B) for any alien for whom the documen- and one-half to the southern border of the days. tary requirements in section 212(a)(7)(B) of United States. (2) NATIONAL OF PHILIPPINES.—The alien is the Immigration and Nationality Act have H.R. 2578 a national of, and presents a passport issued been waived by the Attorney General and the OFFERED BY: MR. POMBO by, the Republic of the Philippines. Secretary of State under section 212(d)(4)(B) (3) FAMILY OBLIGATION.—The alien before AMENDMENT NO. 2: Page 2, after line 22, in- of the Immigration and Nationality Act.’’. the time of such admission completes an im- sert the following: (b) EFFECTIVE DATE.—The amendment migration form stating that the application made by subsection (a) shall take effect as if SEC. 3. QUALIFICATIONS FOR DESIGNATION AS for admission is occasioned by a family obli- PILOT PROGRAM COUNTRY. included in the enactment of the Illegal Im- gation involving an occurrence such as the Section 217(c)(2) of the Immigration and migration Reform and Immigrant Respon- illness or death of a close relative or other Nationality Act (8 U.S.C. 1187(c)(2)) is sibility Act of 1996 (division C of Public Law family need. amended to read as follows: 104–208; 110 Stat. 3009–546). (4) ATTESTING SPONSOR.—The alien before ‘‘(2) QUALIFICATIONS.—Except as provided SEC. 4. REPORT. in subsection (g), a country may not be des- the time of such admission submits an attes- (a) REQUIREMENT.—Not later than two ignated as a pilot program country unless tation executed by a sponsor of the alien, in years after the date of enactment of this the following requirements are met: which the sponsor attests, under penalty of Act, the Attorney General shall submit a re- ‘‘(A) LOW NONIMMIGRANT VISA REFUSAL perjury and on a form designated or estab- port to the Committees on the Judiciary of RATE.—Either— lished by the Attorney General by regula- the Senate and the House of Representatives ‘‘(i) the average number of refusals of non- tion, that— on the feasibility of developing and imple- immigrant visitor visas for nationals of that (A) the sponsor is a national of the United menting an automated entry-exit control country during— States residing on Guam; system that would collect a record of depar- ‘‘(I) the two previous full fiscal years was (B) the sponsor is a spouse, parent, grand- ture for every alien departing the United less than 2.0 percent of the total number of parent, aunt, uncle, brother, sister, son, or States and match the record of departure nonimmigrant visitor visas for nationals of daughter of the alien; and with the record of the alien’s arrival in the that country which were granted or refused (C) the trip is occasioned by a family obli- United States, including departures and ar- during those years; and gation described in paragraph (3). rivals at the land borders of the United ‘‘(II) either of such two previous full fiscal (5) EXECUTES IMMIGRATION FORMS.—The States. years was less than 2.5 percent of the total alien before the time of such admission com- (b) CONTENTS OF REPORT.—Such report number of nonimmigrant visitor visas for na- pletes such other immigration forms (con- shall— tionals of that country which were granted sistent with this section) as the Attorney (1) assess the costs and feasibility of var- or refused during that year; or General may establish. ious means of operating such an automated ‘‘(ii) such refusal rate for nationals of that (6) NOT A SAFETY THREAT.—The alien has entry-exit control system, including explor- country during the previous full fiscal year been determined not to represent a threat to ing— was less than 3.0 percent. the welfare, health, safety, or security of the (A) how, if the automated entry-exit con- ‘‘(B) MACHINE READABLE PASSPORT PRO- United States. trol system were limited to certain aliens ar- GRAM.—The government of the country cer- (7) NO PREVIOUS VIOLATION.—If the alien riving at airports, departure records of those tifies that it has or is in the process of devel- previously was admitted without a visa aliens could be collected when they depart oping a program to issue machine-readable under this section, the alien must not have through a land border or seaport; and passports to its citizens. failed to comply with the conditions of any (B) the feasibility of the Attorney General, ‘‘(C) LAW ENFORCEMENT INTERESTS.—The previous admission as such a nonimmigrant. in consultation with the Secretary of State, Attorney General determines that the (8) ROUND-TRIP TICKET.—The alien is in pos- negotiating reciprocal agreements with the United States law enforcement interests session of a round-trip transportation ticket governments of contiguous countries to col- would not be compromised by the designa- (unless this requirement is waived by the At- lect such information on behalf of the United tion of the country.’’. torney General under regulations). States and share it in an acceptable auto- Amend the title so as to read: ‘‘A bill to (b) WAIVER OF RIGHTS.—An alien may not mated format; amend the Immigration and Nationality Act be provided a waiver under the pilot program (2) consider the various means of develop- to modify and extend the visa waiver pilot unless the alien has waived any right— ing such a system, including the use of pilot program, and to provide for the collection of (1) to review or appeal under the Immigra- projects if appropriate, and assess which data with respect to the number of non- tion and Nationality Act of an immigration means would be most appropriate in which immigrants who remain in the United States officer’s determination as to the admissibil- geographical regions; after the expiration of the period of stay au- ity of the alien at the port of entry into (3) evaluate how such a system could be thorized by the Attorney General.’’. Guam; or implemented without increasing border traf- H.R. 2578 (2) to contest, other than on the basis of an fic congestion and border crossing delays OFFERED BY: MR. SMITH OF TEXAS application for asylum, any action for re- and, if any such system would increase bor- AMENDMENT NO. 3: Page 2, strike lines 1 moval of the alien. der crossing delays, evaluate to what extent through 5 and insert the following: (c) LIMITATION.—The total number of na- such congestion or delays would increase; SECTION 1. EXTENSION OF VISA WAIVER PILOT tionals of the Republic of the Philippines and PROGRAM. who are admitted for entry into Guam pursu- (4) estimate the length of time that would Section 217(f) of the Immigration and Nat- ant to a waiver under this section may not be required for any such system to be devel- uralization Act is amended by striking exceed 100 during any calendar month. oped and implemented. ‘‘1998.’’ and inserting ‘‘2000.’’. (d) PILOT PROGRAM PERIOD.— SEC. 5. INCREASED RESOURCES FOR BORDER H.R. 2578 (1) IN GENERAL.—Except as provided in CONTROL AND ENFORCEMENT. paragraph (2), the pilot program period de- OFFERED BY: MR. UNDERWOOD (a) INCREASED NUMBER OF INS INSPECTORS scribed in this subsection is the 12-month pe- AT THE LAND BORDERS.—The Attorney Gen- AMENDMENT NO. 4: Page 2, after line 22, in- riod beginning on the first day of the imple- eral in each of fiscal years 1998, 1999, and 2000 sert the following: mentation of the pilot program. shall increase by not less than 300 the num- SEC. 3. VISA WAIVER PILOT PROGRAM FOR PHIL- (2) TERMINATION DUE TO HIGH OVERSTAY ber of full-time inspectors assigned to active IPPINE NATIONALS VISITING GUAM. RATE.— duty at the land borders of the United States (a) ESTABLISHMENT OF PILOT PROGRAM.— (A) IN GENERAL.—The pilot program period by the Immigration and Naturalization Serv- The Attorney General and the Secretary of shall terminate upon a determination by the ice, above the number of such positions for State shall establish a pilot program (herein- Attorney General that the overstay rate (de- which funds were made available for the pre- after in this section referred to as the ‘‘pilot fined in subparagraph (B)) with respect to ceding fiscal year. Not less than one-half of program’’) under which the requirement of any calendar month exceeds 20 percent. The the inspectors added under the preceding section 212(a)(7)(B)(i)(II) of the Immigration termination under the preceding sentence sentence in each fiscal year shall be assigned and Nationality Act (8 U.S.C. shall take effect on the first day of the first to the northern border of the United States. 1182(a)(7)(B)(i)(II)) may be waived by the At- month following the month in which the de- (b) INCREASED NUMBER OF CUSTOMS INSPEC- torney General, in consultation with the termination is made. TORS AT THE LAND BORDERS.—The Secretary Secretary of State, and in accordance with (B) OVERSTAY RATE.—For purposes of this of the Treasury in each of fiscal years 1998, this section, in the case of an alien who paragraph, the term ‘‘overstay rate’’ means 1999, and 2000 shall increase by not less than meets the following requirements: the percentage which— March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1447 (i) the total number of nationals of the Re- In section 105, as so redesignated, strike pute-resolution mechanism established by public of the Philippines who were admitted ‘‘this Act’’ and insert ‘‘this title’’. any judgment or decree governing the oper- for entry into Guam pursuant to a waiver Strike section 6 and insert the following: ation of the performing rights society, be en- under this section during the most recent titled to binding arbitration of such dis- month for which data are available, and who SEC. 106. EFFECTIVE DATE. agreement pursuant to the rules of the This title and the amendments made by violated the terms of such admission; bears American Arbitration Association. The this title shall take effect on the date of the to music user may initiate such arbitration. enactment of this Act. (ii) the total number of nationals of such ‘‘(ii) The arbitrator in such binding arbi- country who were admitted for entry into Add at the end the following: tration shall determine a fair and reasonable Guam pursuant to a waiver under this sec- TITLE II—MUSIC LICENSING rate or fee for the general music user’s past tion during such month. and future performance of musical works in SEC. 201. SHORT TITLE. (e) ENFORCEMENT AND REPORTING.— such society’s repertoire and shall determine This title may be cited as the ‘‘Fairness in (1) MEMORANDUM OF UNDERSTANDING.— whether the user’s past performances of such Musical Licensing Act of 1998’’. Prior to the implementation of the pilot pro- musical works, if any, infringed the copy- gram, the Attorney General and the Govern- SEC. 202. EXEMPTION OF CERTAIN MUSIC USES rights of works in the society’s repertoire. If FROM COPYRIGHT PROTECTION. ment of Guam shall enter into a memoran- the arbitrator determines that the general (a) BUSINESS EXEMPTION.—Section 110(5) of dum of understanding setting forth their re- music user’s past performances of such musi- title 17, United States Code, is amended to spective obligations with respect to the pro- cal works infringed the copyrights of works read as follows: gram’s operation. The memorandum shall in the society’s repertoire, the arbitrator ‘‘(5) communication by electronic device of contain provisions sufficient to ensure that shall impose a penalty for such infringe- a transmission embodying a performance or the requirements of this section are enforced ment. Such penalty shall not exceed the ar- display of a nondramatic musical work by effectively, including provisions ensuring bitrator’s determination of the fair and rea- the public reception of a broadcast, cable, that the arrival and departure control sys- sonable license fee for the performances at satellite, or other transmission, if— tem on Guam— issue. ‘‘(A)(i) the rooms or areas within the es- (A) will collect a record of departure for ‘‘(B) DEFINITIONS.—(i) For purposes of this tablishment where the transmission is in- every alien who was admitted pursuant to a paragraph, a ‘general music user’ is any per- tended to be received by the general public waiver under this section, and match the son who performs musical works publicly but contains less than 3,500 square feet, exclud- record of departure with the record of the is not engaged in the transmission of musi- ing any space used for customer parking; or alien’s arrival in Guam; and cal works to the general public or to sub- ‘‘(ii) the rooms or areas within the estab- (B) will enable the Attorney General to scribers through broadcast, cable, satellite, lishment where the transmission is intended identify aliens who remain on Guam beyond or other transmission. to be received by the general public contains the period authorized by the Attorney Gen- ‘‘(ii) For purposes of this paragraph, trans- 3,500 square feet or more, excluding any eral under this section. missions within a single commercial estab- space used for customer parking, if— lishment or within establishments under (2) REPORTING ON ALIENS OVERSTAYING PE- ‘‘(I) in the case of performance by audio common ownership or control are not trans- RIOD OF LAWFUL ADMISSION.—The memoran- means only, the performance is transmitted dum under paragraph (1) shall require the missions to the general public. by means of a total of not more than 6 Government of Guam to report to the Attor- ‘‘(iii) For purposes of clause (ii), an ‘estab- speakers (excluding any speakers in the de- ney General in a timely manner (but not less lishment’ is a retail business, restaurant, vice receiving the communication), of which bar, inn, tavern, or any other place of busi- than monthly) any information, in addition not more than 4 speakers are located in any ness in which the public may assemble. to the information described in paragraph 1 room or area; or ‘‘(C) ENFORCEMENT OF ARBITRATOR’S DETER- (1), that the Government of Guam may ac- ‘‘(II) in the case of a performance or dis- MINATIONS.—An arbitrator’s determination quire with respect to aliens admitted pursu- play by visual or audiovisual means, any vis- under this paragraph is binding on the par- ant to a waiver under this section who re- ual portion of the performance or display is ties and may be enforced pursuant to sec- main on Guam beyond the period authorized communicated by means of not more than 2 tions 9 through 13 of title 9. by the Attorney General under this section. audio visual devices, if no such audio visual ‘‘(2) COURT-ANNEXED ARBITRATION.—(A) In (f) INCLUSION OF PHILIPPINES IN GUAM-ONLY device has a diagonal screen size greater any civil action brought against a general VISA WAIVER PROGRAM.— than 55 inches, and any audio portion of the music user, as defined in paragraph (1) for in- (1) PROGRAM REVIEW.—Upon the termi- performance or display is transmitted by fringement of the right granted in section nation of the pilot program under subsection means of a total of not more than 6 speakers 106(4) involving a musical work that is in the (d)(1), the Attorney General shall conduct a (excluding any speakers in the device receiv- repertoire of a performing rights society, if review of the success of the program and ing the communication), of which not more the general music user admits the prior pub- shall determine whether the overstay rates than 4 speakers are located in any 1 room or lic performance of one or more works in the (as defined in subsection (d)(2)(B)) for the area; repertoire of the performing rights society months comprising the pilot program period ‘‘(B) no direct charge is made to see or but contests the rate or the amount of the li- were excessive. The Attorney General shall hear the transmission; cense fee demanded by such society for such complete the review, and shall issue the de- ‘‘(C) the transmission is not further trans- performance, the dispute shall, if requested termination, not later than 6 months after mitted to the public beyond the establish- by the general music user, be submitted to the termination of the pilot program under ment where it is received; and arbitration under section 652(e) of title 28. In subsection (d)(1). ‘‘(D) the transmission is licensed.’’. such arbitration proceeding, the arbitrator (2) DETERMINATION OF SUCCESS.—Upon the (b) EXEMPTION RELATING TO PROMOTION.— shall determine the appropriate rate and issuance of a determination by the Attorney Section 110(7) of title 17, United States Code, amount owed by the music user to the per- General under paragraph (1) that the over- is amended— forming rights society for all past public per- stay rates, when considered together, were (1) by striking ‘‘a vending’’ and inserting formances of musical works in the society’s not excessive, the Republic of the Phil- ‘‘an’’; repertoire. The amount of the license fee ippines shall be deemed to be a geographic (2) by striking ‘‘sole’’; shall not exceed two times the amount of the area that meets the eligibility criteria for (3) by inserting ‘‘or of the audio, video, or blanket license fee that would be applied by inclusion in the visa waiver program under other devices utilized in the performance,’’ the society to the music user for the year or section 212(l) of the Immigration and Nation- after ‘‘phonorecords of the work,’’; and years in which the performances occurred. In ality Act (8 U.S.C. 1182(l)). (4) by striking ‘‘and is within the imme- addition, the arbitrator shall, if requested by (g) DEFINITIONS.—Except as otherwise pro- diate area where the sale is occurring’’. the music user, determine a fair and reason- vided in this section, the terms used in this able rate or license fee for the music user’s section shall have the meaning given such SEC. 203. BINDING ARBITRATION OF RATE DIS- PUTES INVOLVING PERFORMING future public performances of the musical terms in section 101(a) of the Immigration RIGHTS SOCIETIES. works in such society’s repertoire. and Nationality Act (8 U.S.C. 1101(a)). (a) IN GENERAL.—Section 504 of title 17, ‘‘(B) As used in this paragraph, the term H.R. 2589 United States Code, is amended by adding at ‘blanket license’ means a license provided by OFFERED BY: MR. SENSENBRENNER the end the following new subsection: a performing rights society that authorizes AMENDMENT NO. 1: Page 1, insert before ‘‘(d) PERFORMING RIGHTS SOCIETIES; BIND- the unlimited performance of musical works section 1 the following: ING ARBITRATION.— in the society’s repertoire, for a fee that does ‘‘(1) ARBITRATION OF DISPUTES PRIOR TO not vary with the quantity or type of per- TITLE I—COPYRIGHT TERM EXTENSION COURT ACTION.— formances of musical works in the society’s Strike section 1 and insert the following: ‘‘(A) ARBITRATION.—(i) If a general music repertoire. user and a performing rights society are un- ‘‘(3) TERM OF LICENSE FEE DETERMINATION.— SEC. 101. SHORT TITLE. able to agree on the appropriate rate or fee In any arbitration proceeding initiated under This title may be referred to as the ‘‘Copy- to be paid for the user’s past or future per- this subsection, the arbitrator’s determina- right Term Extension Act’’. formance of musical works in the repertoire tion of a fair and reasonable rate or license Redesignate sections 2 through 5 as sec- of the performing rights society, the general fee for the performance of the music in the tions 102 through 105, respectively. music user shall, in lieu of any other dis- repertoire of the performing rights society H1448 CONGRESSIONAL RECORD — HOUSE March 24, 1998 concerned shall apply for a period of not less SEC. 207. EFFECTIVE DATE. under subsection (b) shall be determined by than 3 years nor more than 5 years after the This title and the amendments made by an action in United States district court, date of the arbitrator’s determination.’’. this title shall take effect on the date of the and the court in its discretion may allow the (b) ACTIONS THAT SHALL BE REFERRED TO enactment of this Act, and shall apply to ac- recovery of full costs by or against any party ARBITRATION.—Section 652 of title 28, United tions filed on or after such date. and may also award a reasonable attorney’s States Code, is amended by adding at the end H.R. 2589 fee to the prevailing party as part of the costs.’’. the following: OFFERED BY: MR. COBLE ‘‘(e) ACTIONS THAT SHALL BE REFERRED TO (b) CONFORMING AMENDMENT.—The table of AMENDMENT NO. 2: Page 4, line 9, strike ‘‘of ARBITRATION.—In any civil action against a chapters for part VI of title 28, United States 1997’’. general music user for infringement of the Page 4, line 24, strike ‘‘of 1997’’. Code, is amended by adding at the end the right granted in section 106(4) of title 17 in- Page 5, line 12, strike ‘‘of 1997’’. following: volving a musical work that is in the rep- Page 6, line 4, strike ‘‘of 1997’’. ‘‘180. Assumption of Certain Contrac- ertoire of a performing rights society, if the Page 6, strike line 17 and all that follows tual Obligations ...... 4001’’. general music user admits the public per- through page 7, line 4 and insert the follow- H.R. 2589 formance of any musical work in the rep- ing: ertoire of the performing rights society but ‘‘(D) In the event that the author’s widow OFFERED BY: MR. MCCOLLUM contests the rate or the amount of the li- or widower, children, and grandchildren are cense fee demanded by the society for such (To the Amendment Offered by: Mr. not living, the author’s executor, adminis- Sensenbrenner) performance, the district court shall, if re- trator, personal representative, or trustee quested by the general music user, refer the shall own the author’s entire termination in- AMENDMENT NO. 3: In lieu of the matter dispute to arbitration, which shall be con- terest.’’. proposed to be inserted as title II, insert the ducted in accordance with section 504(d)(2) of Insert the following after section 5 and re- following: title 17. Each district court shall establish designate the succeeding section accord- TITLE II—MUSIC LICENSING EXEMPTION procedures by local rule authorizing the use ingly: of arbitration under this subsection. The FOR FOOD SERVICE OR DRINKING ES- SEC. 6. ASSUMPTION OF CONTRACTUAL OBLIGA- TABLISHMENTS definitions set forth in title 17 apply to the TIONS RELATED TO TRANSFERS OF terms used in this subsection.’’. RIGHTS IN MOTION PICTURES. SEC. 201. SHORT TITLE. SEC. 204. VICARIOUS LIABILITY PROHIBITED. (a) IN GENERAL.—Part VI of title 28, United This title may be cited as the ‘‘Fairness In Section 501 of title 17, United States Code, States Code, is amended by adding at the end Music Licensing Act of 1998.’’ is amended by adding at the end the follow- the following new chapter: SEC. 202. EXEMPTION. ing: ‘‘CHAPTER 180—ASSUMPTION OF CERTAIN Section 110(5) of title 17, United States ‘‘(f) A landlord, an organizer or sponsor of CONTRACTUAL OBLIGATIONS Code is amended— a convention, exposition, or meeting, a facil- ‘‘Sec. (1) by striking ‘‘(5)’’ and inserting ‘‘(5)(A) ity owner, or any other person making space ‘‘4001. Assumption of contractual obligations except as provided in subparagraph (B),’’; available to another party by contract, shall related to transfers of rights in (2) by adding at the end the following: not be liable under any theory of vicarious motion pictures. ‘‘(B) communication by a food service or or contributory infringement with respect to ‘‘§ 4001. Assumption of contractual obliga- drinking establishment of a transmission or an infringing public performance of a copy- retransmission embodying a performance or righted work by a tenant, lessee, subtenant, tions related to transfers of rights in motion pictures display of a nondramatic musical work in- sublessee, licensee, exhibitor, or other user tended to be received by the general public, ‘‘(a) ASSUMPTION OF OBLIGATIONS.—In the of such space on the ground that— originated by a radio or television broadcast ‘‘(1) a contract for such space provides the case of a transfer of copyright ownership in a motion picture (as defined in section 101 of station licensed by the Federal Communica- landlord, organizer or sponsor, facility tions Commission, or, if an audiovisual owner, or other person a right or ability to title 17) that is produced subject to 1 or more collective bargaining agreements negotiated transmission, by a cable system or satellite control such space and compensation for the carrier, if— use of such space; or under the laws of the United States, if the transfer is executed on or after the effective ‘‘(i) either the establishment in which the ‘‘(2) the landlord, organizer or sponsor, fa- communication occurs has less than 3500 cility owner, or other person has or had at date of this Act and is not limited to public performance rights, the transfer instrument gross square feet of space (excluding space the time of the infringing performance ac- used for customer parking), or the establish- tual control over some aspects of the use of shall be deemed to incorporate the assumption agreements applicable to the copyright ment in which the communication occurs such space, if the contract for the use of such has 3500 gross square feet of space or more space prohibits infringing public perform- ownership being transferred that are required by the applicable collective bargain- (excluding space used for customer parking) ances and the landlord, organizer or sponsor, and— facility owner, or other person does not exer- ing agreement, and the transferee shall be subject to the obligations under each such ‘‘(I) if the performance is by audio means cise control over the selection of works per- only, the performance is communicated by formed.’’. assumption agreement to make residual payments and provide related notices, accruing means of a total of not more than 6 loud- SEC. 205. CONFORMING AMENDMENTS. after the effective date of the transfer and speakers, of which not more than 4 loud- Section 101 of title 17, United States Code, applicable to the exploitation of the rights speakers are located in any 1 room or adjoin- is amended by inserting after the undesig- transferred, and any remedies under each ing outdoor space; or nated paragraph relating to the definition of such assumption agreement for breach of ‘‘(II) if the performance or display is by ‘‘perform’’ the following: those obligations, as those obligations and audiovisual means, any visual portion of the ‘‘A ‘performing rights society’ is an asso- remedies are set forth in the applicable col- performance or display is communicated by ciation, corporation, or other entity that li- lective bargaining agreement, if— means of a total of not more than 4 audio- censes the public performance of nondra- ‘‘(1) the transferee knows or has reason to visual devices, of which not more than one matic musical works on behalf of copyright know at the time of the transfer that such audiovisual device is located in any 1 room, owners of such works, such as the American collective bargaining agreement was or will and no such audiovisual device has a diago- Society of Composers, Authors, and Publish- be applicable to the motion picture; or nal screen size greater than 55 inches, and ers, Broadcast Music, Inc., and SESAC, Inc. ‘‘(2) in the event of a court order confirm- any audio portion of the performance or dis- The ‘repertoire’ of a performing rights soci- ing an arbitration award against the trans- play is communicated by means of a total of ety consists of those works for which the so- feror under the collective bargaining agree- not more than 6 loudspeakers, of which not ciety provides licenses on behalf of the own- ment, the transferor does not have the finan- more than 4 loudspeakers are located in any ers of copyright in the works.’’. cial ability to satisfy the award within 90 1 room or adjoining outdoor space; SEC. 206. CONSTRUCTION OF TITLE. days after the order is issued. ‘‘(ii) no direct charge is made to see or hear the transmission or retransmission; Except as provided in section 504(d)(1) of ‘‘(b) FAILURE TO NOTIFY.—If the transferor title 17, United States Code, as added by sec- under subsection (a) fails to notify the trans- ‘‘(iii) the transmission or retransmission is tion 203(a) of this Act, nothing in this title feree under subsection (a) of applicable col- not further transmitted beyond the food shall be construed to relieve any performing lective bargaining obligations before the exe- service or drinking establishment where it is rights society (as defined in section 101 of cution of the transfer instrument, and sub- received; and title 17, United States Code) of any obliga- section (a) is made applicable to the trans- ‘‘(iv) the transmission or retransmission is tion under any consent decree, State statute, feree solely by virtue of subsection (a)(2), the licensed by the copyright owner of the work or other court order governing its operation, transferor shall be liable to the transferee so publicly performed or displayed;’’; and as such statute, decree, or order is in effect for any damages suffered by the transferee as (3) by adding after paragraph (10) the fol- on the date of the enactment of this Act, as a result of the failure to notify. lowing: it may be amended after such date, or as it ‘‘(c) DETERMINATION OF DISPUTES AND ‘‘The exemptions provided under paragraph may be enacted, issued, or agreed to after CLAIMS.—Any dispute concerning the appli- (5) shall not be taken into account in any ad- such date. cation of subsection (a) and any claim made ministrative, judicial, or other governmental March 24, 1998 CONGRESSIONAL RECORD — HOUSE H1449 proceeding to set or adjust the royalties pay- ‘‘(4) In any such proceeding, the industry similar place of business in which the public able to copyright owners for the public per- rate, or, in the absence of an industry rate, or patrons assemble for the primary purpose formance or display of their works. Royal- the most recent license fee agreed to by the of being served food or drink, in which the ties payable to copyright owners for any parties or determined by the court, shall be majority of the gross square feet of space is public performance or display of their works presumed to have been reasonable at the used for that purpose, and in which nondra- other than such performances or displays as time it was agreed to or determined by the matic musical works are performed pub- are exempted under paragraph (5) shall not court. The burden of proof shall be on the in- licly.’’; be diminished in any respect as a result of dividual proprietor to establish the reason- (2) by inserting after the definition of such exemption’’. ableness of any other fee it requests. ‘‘fixed’’ the following: SEC. 203. LICENSING BY PERFORMING RIGHTS ‘‘(5) Pending the completion of such pro- ‘‘The ‘gross square feet of space’ of a food SOCIETIES. ceeding, the individual proprietor shall have service or drinking establishment means the (a) IN GENERAL.—Chapter 5 of title 17, the right to perform publicly the copy- entire interior space of that establishment United States Code, is amended by adding at righted musical compositions in the rep- and any adjoining outdoor space used to the end the following: ertoire of the performing rights society, and serve patrons, whether on a seasonal basis or ‘‘§ 512. determinations of reasonable license shall pay an interim license fee, subject to otherwise.’’; fee for individual proprietors retroactive adjustment when a final fee has (3) by inserting after the definition of ‘‘per- ‘‘In the case of any performing rights soci- been determined, in an amount equal to the form’’ the following: ety subject to a consent decree which pro- industry rate, or, in the absence of an indus- ‘‘A ‘performing rights society’ is an asso- vides for the determination of reasonable li- try rate, the amount of the most recent li- ciation, corporation, or other entity that license fees to be charged by the performing cense fee agreed to by the parties. Failure to censes the public performance of nondra- rights society, notwithstanding the provi- pay such interim license fee shall result in matic musical works on behalf of copyright sions of that consent decree, an individual immediate dismissal of the proceeding, and owners of such works, such as the American proprietor who owns or operates fewer than 3 the individual proprietor shall then be Society of Composers, Authors and Publish- food service or drinking establishments in deemed to have had no right to perform the ers (ASCAP), Broadcast Music, Inc. (BMI), which nondramatic musical works are per- copyrighted musical compositions in the rep- and SESAC, Inc.’’; and formed publicly and who claims that any li- ertoire of the performing rights society (4) by inserting after the definition of ‘‘pic- cense agreement offered by that performing under this section from the date it submitted torial, graphic and sculptural works’’ the fol- rights society to the industry of which the its notice commencing the proceeding. lowing: individual proprietor is a member is unrea- ‘‘(6) Any decision rendered in such proceed- ‘‘A ‘proprietor’ is an individual, corpora- sonable in its license fee as to that individ- ing by a special master or magistrate judge tion, partnership, or other entity, as the case ual proprietor, shall be entitled to deter- named under paragraph (3) shall be reviewed may be, that owns a food service or drinking mination of a reasonable license fee as fol- by the presiding judge. Such proceeding, in- establishment. No owner or operator of a lows: cluding such review, shall be concluded with- radio or television station licensed by the ‘‘(1) The individual proprietor may com- in 6 months after its commencement. Federal Communications Commission, cable mence such proceeding for determination of ‘‘(7) Any such final determination shall be system or satellite carrier, cable or satellite a reasonable license fee by filing an applica- binding only as to the individual proprietor carrier service or programmer, Internet serv- tion in the applicable district court under commencing the proceeding, and shall not be ice provider, online service provider, tele- paragraph (2) that a rate disagreement exists applicable to any other proprietor or any communications company, or any other such and by serving a copy of the application on other performing rights society, and the per- audio-visual service or programmer now the performing rights society Such proceed- forming rights society shall be relieved of known or as may be developed in the future, ing shall commence in the applicable district any obligation of nondiscrimination among commercial subscription music service, or court within 90 days after the service of such similarly situated music users that may be owner or operator of any other transmission copy, except that such 90-day requirement imposed by the consent decree governing its service, or owner of any other establishment shall be subject to the administrative re- operations. in which the service to the public of food or quirements of the court. ‘‘(8) For purposes of this section, the term drink is not the primary purpose, shall under ‘‘(2) The proceeding under paragraph (1) ‘industry rate’ means the license fee a per- any circumstances be deemed to be a propri- shall be held, at the individual proprietor’s forming rights society has agreed to with, or etor.’’ election, in the judicial district of the dis- which has been determined by the court for, trict court with jurisdiction over the appli- a significant segment of the music user in- SEC. 205. CONSTRUCTION OF TITLE. cable consent decree or in that place of hold- dustry to which the individual proprietor be- Except as otherwise provided in this title, ing court of a district court that is the seat longs.’’. nothing in this title shall be construed to re- of the Federal circuit (other than the Court (b) TECHNICAL AND CONFORMING AMEND- lieve any performing rights society of any of Appeals for the Federal Circuit) in which MENT.—The table of sections for chapter 5 of obligation under any State or local statute, the proprietor’s establishment is located. title 17, United States Code, is amended by ordinance, or law, or consent decree or other ‘‘(3) Such proceeding shall be held before adding after the item relating to section 511 court order governing its operation, as such the judge of the court with jurisdiction over the following: statute, ordinance, law, decree, or order is in the consent decree governing the performing ‘‘512.Determinations of reasonable license fee effect on the date of the enactment of this rights society. At the discretion of the court, for individual proprietors.’’. title, as it may be amended after such date, the proceeding shall be held before a special SEC. 204. DEFINITIONS. or as it may be issued or agreed to after such master or magistrate judge appointed by Section 101 of title 17, United States Code, date. such judge. Should that consent decree pro- is amended— vide for the appointment of an advisor or ad- (1) by inserting after the definition of ‘‘dis- SEC. 206. EFFECTIVE DATE. visors to the court for any purpose, any such play’’ the following: This title and the amendments made by advisor shall be the special master so named ‘‘A ‘food service or drinking establishment’ this title shall take effect 90 days after the by the court. is a restaurant, inn, bar, tavern, or any other date of the enactment of this title. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, TUESDAY, MARCH 24, 1998 No. 34 Senate The Senate met at 9:30 a.m. and was As under a previous consent agree- must be to assure we do not take called to order by the President pro ment, from 12:30 to 2:15 the Senate will money from the defense accounts to tempore (Mr. THURMOND). recess for the weekly policy luncheons repay the costs of the deployment that to meet. As a reminder to all Members, has already been made in Bosnia, al- PRAYER the second cloture vote on H.R. 2646, ready been made in southwest Asia. If The Chaplain, Dr. Lloyd John the Coverdell A+ education bill, is we cannot get this bill passed before scheduled to occur at 5:30 p.m. if an Ogilvie, offered the following prayer: April 1, that money is going to start agreement cannot be reached prior to Dear Father, thank You for this coming out of the readiness accounts quiet moment with You when we can that time. In addition, by consent, all second-degree amendments to that leg- that apply to the men and women in receive the peace of knowing we are the armed services who are still de- loved and forgiven, the healing of hurts islation must be filed by 4:30 p.m. Again, it is hoped that good progress ployed in the continental U.S. and from harbored memories, the answers can be made on the emergency supple- throughout areas other than Bosnia to problems that seem unsolvable, and mental appropriations bill during to- and the Iraq area. a vision for our Nation that would oth- day’s session. All Members should con- erwise be beyond human expectation. The consequence of not passing this tact either Senator BYRD or myself re- To know You is our greatest desire and bill before April 1 is that the people garding this legislation if they intend to serve You is life’s greatest delight. who may have to be sent over to re- to offer an amendment as the Senate Gracious Lord of all life, forgive our attempts to complete action on this place those already deployed—and we imposed dichotomy between the sacred supplemental appropriations bill before are making our rotations every 6 and the secular. Every person, situa- the cloture vote. months—might not have the readiness tion, and responsibility is sacred to Also, it is hoped that headway will be and the edge that they need to go into You because everyone and everything made on the Coverdell education bill. a combat area. It is just imperative belongs to You. Give us a renewed In addition, the Senate may consider that we pass this bill before April 1. I awareness that all we have and are is any executive or legislative items have said that before on the floor. I Your gift. May we cherish the wonder cleared for action. And, on behalf of again urge Senators to realize there is of life You have entrusted to us. May the majority leader, I thank our col- a timeframe problem on this bill and our gratitude be the motive for our leagues for their attention to his mes- we do not want it to get involved in work today in this Senate. We want sage. our work to be an expression of our waiting for the cloture period on the f worship of You. Therefore, we make a A+ bill to expire. renewed commitment to excellence in ORDER OF PROCEDURE I hope Senators will contact us. We everything we do and say. In the name Mr. STEVENS. For myself, let me are more than willing to consider any of Him who is the Way, the Truth, and say this, Mr. President. If we do get amendment. I hope Senators will listen the Life. Amen. cloture on the Coverdell bill, that will to us with regard to time limits on f mean we cannot finish this bill, the their amendments. And we do have a supplemental, until the cloture time pending amendment. Senator RECOGNITION OF THE ACTING has expired. We believe that we are MAJORITY LEADER ASHCROFT is here to present his amend- very close to having cloture on the ment. As soon as that is over, we really The PRESIDENT pro tempore. The Coverdell bill, and it is imperative that have a schedule of amendments ready able acting majority leader, the distin- we finish this supplemental bill so that to proceed, and I hope Senators will guished Senator from Alaska, is recog- when the House passes its bill we can come as we call them and assist us by nized. go immediately to conference. It is our entering into time agreements. The f intent to take this bill through third time we will be taking off for the pe- reading and have it ready for imme- SCHEDULE riod of the luncheons is certain. diate action without any further re- Mr. STEVENS. Mr. President, on be- quests, based on a unanimous-consent I remind Senators, tonight we start a half of the majority leader, I announce agreement, to send the bill to the new routine—the leader’s seminars that this morning’s session will be one House for conference as soon as we are that are going to take place, with the where we resume consideration of the aware that the House bill has been re- distinguished former majority leader emergency supplemental appropria- ceived in the Senate. coming at 6 p.m., in the Old Senate tions bill, with hope of concluding ac- That means it is imperative, if Sen- Chamber, for Members only. A chance tion on the bill during today’s session. ators believe, as I do, that our first job to listen to the former majority leader,

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

S2451

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2452 CONGRESSIONAL RECORD — SENATE March 24, 1998 Senator Mansfield, I think is some- money in the bill. We expect to get to through cooperation instead of by col- thing we must all make time for. It is that as soon as possible. lision. I think that is what we ought to a memorable thing. We are starting, I But I commit to the Senator from seek to encourage in our culture that think, a great new tradition in the Massachusetts, we will notify him if these two most important values of our Senate from today. there is a lull in activities here and try culture—work and family—should be Mr. KENNEDY. Mr. President, I have to accommodate his request for some able to coexist and to cooperate. They just a question of the floor manager. I morning hour time. Senator COVER- must be able to coexist and cooperate have no amendments. I am quite pre- DELL still has about 20 minutes coming to build a strong America. But when pared to vote at any time on this par- under the agreement we reached yes- one of these values undermines, erodes ticular measure. I am just wondering if terday for equal time, under the discus- or undercuts the other value, we de- we are going to have any time prior to sion that took place yesterday, but velop tensions that keep us from oper- the 5:30 vote so we could discuss the now that has to be accommodated, and ating at our highest and best. Coverdell amendment. I want to ac- we will do our best to do so. How we resolve the particular con- commodate the floor manager. I don’t I yield to Senator ASHCROFT. flicts between these values that are im- want to interrupt the orderly proce- f portant will determine how well we do dure. It is 9:40 now. I note we do have in the next century. Most of us want to an issue before the Senate which is not RESERVATION OF LEADER TIME be survivors in the next century; we directly related to the supplemental The PRESIDING OFFICER (Mr. don’t want to be succumbers. We want which will be taking up some time. So ALLARD). Under the previous order, the to be swimmers; we don’t want to be I am just wondering if there is any leadership time is reserved. sinkers. We want America to continue time that is preferable to the Senator, f to define the world culture. We want or whether there might be a designated the 21st century to be marked as an SUPPLEMENTAL APPROPRIATIONS period of time before a vote on the leg- American century. We can do that if FOR NATURAL DISASTERS AND islation of Senator COVERDELL, and the Congress builds an important OVERSEAS PEACEKEEPING EF- maybe those that oppose it—not a framework which allows people to re- FORTS FOR FISCAL YEAR 1998 lengthy time, but maybe there is a spect these values in cooperation rath- time that we could address it prior to The PRESIDING OFFICER. Under er than in conflict. If we make it pos- 5 or 5:30 that would be convenient? the previous order, the Senate will now sible for the value of work to be a value Mr. STEVENS. The Senator makes a resume consideration of S. 1768, which which can be elevated without under- good request, and I will consult with the clerk will report. mining or eroding the value of family. the majority leader on that. As the The assistant legislative clerk read So it is important for us to make Senator knows, we took almost 2 hours as follows: sure that, as a Government, that we yesterday on that bill. But I do think A bill (S. 1768) making emergency supple- allow rules to exist and we provide a it would be a fair thing to have a pe- mental appropriations for recovery from nat- framework in which both the value of riod prior to the vote at 5:30 so both ural disasters, and for overseas peacekeeping work and the value of family can flour- sides might state their positions. efforts, for the fiscal year ending September ish. Without hard work, we will never It is not our intention this morning 30, 1998, and for other purposes. make it. Without strong families, we to have any morning hour time. We The Senate resumed consideration of will never make it. Without finding a have Senator ASHCROFT’s amendment the bill. way to harmonize these competing in- pending. Senator HUTCHISON is waiting Pending: terests—we will never be able to suc- to bring up an amendment, and there Stevens (for Kyl) amendment No. 2079, to ceed in the next century. are other amendments waiting in line provide contingent emergency funds for the Since 1965, the amount of time that behind that. So it is our hope that we enhancement of a number of theater missile parents spend with their children has can dispose of many of those this defense programs. dropped 40 percent. This is a decrease morning if possible. And if we can, that Ashcroft amendment No. 2080, to amend of almost half of the amount of time the Fair Labor Standards Act of 1938 to pro- will mean we can open up some time vide to private sector employees the same that parents spend with their children. later in the afternoon for a period for opportunities for time-and-a-half compen- This does not necessarily threaten the the discussion of the Senator from satory time off and bi-weekly work programs work part of the equation, but it cer- Massachusetts. I hope that is agree- as Federal employees currently enjoy to help tainly indicates that there is a serious able. balance the demands and needs of work and challenge to the family side of the Mr. KENNEDY. I appreciate the co- family, and to clarify the provisions relating equation. These two values of work and operation and courtesy of the Senator. to exemptions of certain professionals from family must work together—must be the minimum wage and overtime require- I see Senator ASHCROFT on the floor elevated together. And if we have ele- now. I know he wants to address the ments of the Fair Labor Standards Act of 1938. vated work to the detriment of family, comptime issue, which is not directly we have to find out ways, we have to The PRESIDING OFFICER. The Sen- related. I am prepared to respond to seek out ways, we have to search for ator from Missouri is recognized. that. But, again, I have no interest in ways to make it possible for families to taking us off the measure which we AMENDMENT NO. 2080 spend more time together. have before us. I just want to cooperate Mr. ASHCROFT. Mr. President, I ap- A 1993 study found that 66 percent— with the floor manager on it. I was un- preciate this opportunity to spend a two out of every three adults surveyed aware that this amendment was com- few moments speaking about two of nationwide—wanted to spend more ing up, but that’s life around here. America’s most fundamental values. time with their children. But I want to cooperate with the These values are embraced by our peo- How can we begin to restore a bal- Senator from Alaska in any way, so ple across the Nation from sea to shin- ance? How can we restore the capacity they can move the process forward. As ing sea. If we were to inventory values of families to have that kind of chem- I say, I am ready to vote on the supple- among the American people, I think istry within them that builds the mental now. I do not intend to either these would percolate to the top. They strong sense of loyalty, of belonging, speak or offer amendments on it. are the values of family and the values and of confidence that provides the Mr. STEVENS. This amendment was of work. These values come together basis for transmitting values from one offered last evening and is the pending when we think about how our work- generation to the next? amendment. It needs to be disposed of. places impact families. The family is the best department of I hope as soon as possible we will dis- Sometimes when they come together, education; it is the best department of pose of this amendment and move on to it is through collision. This collision social services and health; it is the best another amendment that Senator takes place when the value of family employment training in the world. If HUTCHISON also discussed last night, conflicts with the value of work—the we have strong families, we will suc- and that is the amendment pertaining workplace actually competes with the ceed. to some conditions on the Bosnia de- family and the family’s needs. Some- How can we make it possible for ployment. That is relevant to the times, though, they can come together these 66 percent of American adults

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2453 who want to spend more time with time-and-a-half pay for overtime hours looking at the relationship between their children to do so? they worked, to take time off some- employees and employers. We need for Fifty-five percent of the adults sur- time later when they realized, ‘‘Wait a the next century to see ourselves as veyed are willing to give up some se- second, all the time-and-a-half pay in teams going forward together, not ad- niority or pay at work in exchange for the world will never buy me more time versaries that can only move forward if more personal time. People feel this with my family if I can’t get a break. the other moves backward. That is a need to be with their family very Could I possibly make it some time so very important concept as we face the strongly. that when I work an extra hour, in- 21st century. We will never do well in According to the U.S. Department of stead of getting an hour and a half pay the 21st century if we don’t understand Labor in its report ‘‘Working Women for the overtime, I would get time off that we only walk forward together. Count’’—and here is the cover of the sometime later to spend with my fam- Seventy-four percent of Federal em- report. This was the executive sum- ily?’’ ployees participating in these pro- mary of the cover from the Women’s This concept was recognized again in grams said that alternative work Bureau, the U.S. Department of Labor. 1978 when Congress gave flextime op- schedules improve their morale. Over- According to that, ‘‘The number one tions to the Federal Government. I whelmingly, American workers want issue women want to bring to the think it is important to note that that the same options to be available in the President’s attention is the difficulty was a major step forward. It took indi- private sector. of balancing work and family obliga- viduals looking down the tunnel of There is a group of those who survey tions.’’ time a little bit to understand there public attitudes, Penn and Schoen, That was out of this report from the would be more and more women in the these are pollsters who often work for President’s Department of Labor, U.S. work force, more and more families President Clinton. Their studies show Department of Labor, May 1994. without time spent by parents for chil- that 75 percent favor allowing employ- In 1940, just 2 years after the passage dren. ees the choice of getting time off, time of the Fair Labor Standards Act, 67 Among those who were at the fore- and a half either in wages or as time percent of all the families had sort of a front of the march to help preserve the off. Three out of four, 71⁄2 out of 10 peo- traditional structure. Let’s go to the capacity of families to spend time with ple surveyed said they would like to next chart. their children is the senior Senator have that choice—they just want a In 1938, only 2 out of 12 women with from Alaska, who was part of this 1978 choice. Fifty-seven percent said they school-aged children worked outside effort to give Federal Government em- would take time off instead of being the home. So for these women, they ployees options for flextime in addition paid, if the option were available, from had lots of time with their children. to comptime. time to time. Only 2 out of 12, 1 out of 6—about 17 What is important is that in 1994, What is interesting is that you don’t percent—only 2 out of 12 worked out- President Clinton decided that flex- have to make a choice under these pro- side the home. Look at the difference time was so valuable that he extended posals to always take time as today. By 1995, we had a situation this sort of flexible-working-arrange- comptime and never get paid for it. As where 9 out of 12 women with school- ment time situation to a whole group a matter of fact, you can take it as aged children worked outside the of individuals in the executive depart- comptime when you have something, home. ment of Government, because he under- some needs, arising in your families, This represents a major change in stood the need that workers and their not take it as comptime if you need the America’s families, a substantial families have to spend more time to- money more—it is your decision. Un- change in the structure of the home, a gether. The Federal workers have it. like the current situation when work- major change in the ability of people Here is a little chart: Flexible sched- ers have no choice, no choice whatso- to spend time with their children. It is uling today. Who can benefit? Mr. ever, as to whether time is more valu- becoming very clear that we need to do President, 2.9 million Federal employ- able than money. something to make it possible, if we ees are eligible for flexible scheduling If you decide you want it as can, to allow families to spend time to- benefits under the current law. comptime and later on change your gether. Who can’t have it? By law, 59.2 mil- mind because you need the money, the By 1995, only 70 percent of families lion private-sector workers cannot proposal allows you to cash in the had a traditional structure; 43 percent make the same choices about their comptime. Fifty-eight percent of those of all families had two working work schedules. Special privilege to who would choose the option of time spouses. the Federal worker with flexible sched- off would choose it more often than In 1995, almost 70 percent of single uling; the absence of this capacity to pay, they say. This indicates that there women headed families with children. assist individuals, reinforce the value is a strong demand and a capacity of That is a real situation where not only of family and work together for non- American workers who believe they do you not have a mom and dad to Federal workers. could make their own choice here. work to help children together, but you When asked, 8 out of 10 respondents They would like simply to have the have one-parent families. And if you supported continuation of the program choice. In fact, a recent poll by Money take that one-parent family into a in the Federal sector. The General Ac- magazine found that 64 percent of the rigid employment environment where counting Office, conducted the study American people and 68 percent of there is no ability to accommodate the and workers indicated that they ap- women would rather have their over- needs of the family, you basically have prove the program; 72 percent stated time in the form of time off than in a situation where there is no capacity they had more flexibility to spend time cash wages. to meet the needs of children when the with their families. Just think of that, We wouldn’t be here to tell people work of the family comes in conflict flexible working arrangements had that they had to take it in time off, to with the work of the workplace. helped 72 percent of the Federal em- say they must take it in wages or must There is a way for us to improve this ployees spend more time with their take it in time off. I think what we situation. There is a way for us to help families—that is something we should ought to do is allow people to have the American families meet the needs of encourage—rather than discourage, all flexibility to meet their needs at the their families and the needs of the Americans to do. moment, to meet the needs of their workplace as well. This solution was What is interesting is that these families at the moment. There are recognized as far back as 1945 when the studies also included that productivity times when they might prefer to work Federal Employee Pay Act was passed went up. What we are beginning to de- a little extra and have the extra cash, to give Federal workers a compen- fine here is a win-win situation. The but there are times when they would be satory time-off option. I want to re- workers have their capacity to spend asked to work overtime and they would state the date. That is 1945. That is a more time with their family—at the like to say, ‘‘You know, I have been long time ago. In 1945, over half a cen- same time—the employer has its ca- working a lot, I need to spend time tury ago, Federal workers began to pacity elevated because productivity with my family, we need to take a day have the ability, instead of taking goes up. This defines a new way of off together, we need to go to the zoo,

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2454 CONGRESSIONAL RECORD — SENATE March 24, 1998 we need to go to the basketball game, to prohibit coercion. The protections One of the most popular programs in we need to see our son and daughter in that are provided in this law would be the Federal Government is the ability a play; how about I work the extra far greater than the protections that to—the ability to—allocate hours from time you are asking me and I get time are enjoyed by the State and local and one week to the next and to figure the and a half off later on?’’ Eighty-two Federal Government workers as it re- 40-hour week over a 2-week period. A percent of the people said they support lates to comptime now. lot of Federal workers have done this the Republican proposal to give work- For instance, for State and local so that they can take a day off, an ing men and women more control over workers, workers can be required to extra day off every other week. their time. participate—as a condition of employ- When a lot of folks are asked the This is the challenge we face. We ment—in comptime provisions. Ours question, would you like to have every have two competing values in America: would be totally voluntary in the pri- other Friday off or every other Monday the value of work, which is understood vate sector. So that is a protection, a off or would you like to have a week- as one of the primary values of our cul- safeguard, against coercion of any day off every other week, they respond ture, and the value of family, family worker who didn’t want to participate very positively to that. In order to do the primary institution of our culture. in comptime. This would be an author- that, sometimes you will have to allow We shouldn’t have them colliding and ization for an employer and employee people, as a matter of choice, to say, conflicting in the law. We should have to work together, but an employee who ‘‘I’ll work more than 40 hours in one them cooperating, and we should find chose not to participate in getting week in return for working less the ways to give people more options to comptime off could, with total assur- next week.’’ So that the most popular make choices that respect both of ance, have the resources instead, and schedule among Federal workers in those values. even if the worker decided to take the flexible working arrangements is to Let me make a few points about the comptime off and later changed his or work 45 hours the first week, 35 hours amendment which I propose. First of her mind, just like that, the money has the next week, and in so doing by all, it does not alter the 40-hour work- to be paid. working 9 hours a day for most of the week. It is a new section at the end of Management can decide when a days, have every other Friday off. the Fair Labor Standards Act that does worker must use comptime under the Now this gives people a chance to not revise the 40-hour workweek, and it State and local workers’ law. Not so take a weekday off so that they can go is voluntary, totally voluntary. Any- under ours. Management cannot dic- to the schoolhouse and talk to teachers one who wants to operate under the tate, and the workers would have the or they can attend events or maybe current law could continue to operate right to make choices about when to even just go to the motor vehicle de- that way without discrimination, and use them. partment and stand in line so they can if there are any violations of this pro- Under the State and local workers’ get their license renewed. Or maybe vision, the penalties are doubled for law, comptime is paid in cash only just be told that they did not bring the violations. when the worker leaves the job. Under right supporting documents and get It just provides that there is a poten- the State and local situation, in order sent home to get whatever is nec- tial for compensatory time off when to convert your comptime to cash, you essary. time is more valuable than money to have to leave your job. Not so under But this ability to have flex hours at individuals. There would be limits so the provision of the amendment which the option of the workers—at the re- that we wouldn’t have a situation we are proposing. Any time you want quest of the workers—so that people where people might be putting a lot of to convert your comptime to cash, you can take an extra day off every other compensatory time off into a bank and could automatically do it, as a matter week and still preserve their paycheck then if the employer went out of busi- of right. Just say, I want to change and still have the complete capacity, is ness or were to leave the area that the from the comptime which I have in the an important thing. This flexible credit person, his or her time off or income bank, time I had intended to take off, hour provision is important because would be jeopardized. Accumulation and I would like to have the overtime not all workers earn overtime. In other would be limited to 160 hours. At the pay instead. words, comptime alone will not solve end of every year, any accumulated Under S. 4, participation is strictly the problem. Workers who do not earn time would be cashed out so that if you voluntary. It cannot be required. This overtime also would like to have some didn’t use your comptime by the end of is in stark contrast to the required par- time off so they can just rearrange the year, you just got time-and-a-half ticipation condition of State and local their schedule but would be precluded pay. Or any time prior to taking the workers which currently is the law from doing so under a comp time only time off that a worker decides, ‘‘Hey, I now. plan. don’t think I am going to be able to af- Under this proposal, workers cannot Flexible scheduling. Sure, lots of peo- ford to take that time off, I just would be coerced into using their comptime. ple who work overtime can take Friday like to have my money instead,’’ the For state and local government work- off every other week, if they are work- law would allow the worker to just ers—management can decide when the ing enough overtime. The vast major- take the time-and-a-half pay instead of comptime is to be used. Under this pro- ity of people do not get overtime, but the time off for comptime. Under this posal, workers cannot be coerced, they would like to have flexible sched- amendment, cashing-out your comp comptime must be cashed out on re- uling. They would like to have some time bank is an absolute right. quest under our proposal and must be time off in which they can meet the There is a strong provision in this cashed out at the end of every year. needs of their families. amendment which would allow for a You can only cash out your Only 20 percent of workers who get reasonable use, at the employee’s op- comptime under the State and local paid by the hour report receiving over- tion, of the time off if it does not un- provisions which have been in effect time during a typical week—only one duly disrupt the employer’s operation. now for the last, basically, dozen years. out of five. Seventy-two percent of The undue-disruption criterion has You can only get your money when you those reporting overtime compensation been used in the employment setting leave the job. Under our proposal, you are men. So that some of the people for quite some time now, so that there get the money anytime you decide you who need flexibility—women—need to is relatively good understanding that want the money. be able to take some time off, but are employers are required to make a sig- Now, in addition to the compen- not the ones who are getting the capac- nificant showing, and can’t just unrea- satory time option to make the values ity to take time off. Comptime alone sonably deny an employee’s request to of family and work harmonious—so would help only 1.9 million working take that time off. that they are in cooperation, not in women. That is only 4.5 percent of all Sometimes people worry about conflict—so that they work together in the working women in the private sec- whether or not there would be some harmony and unity to provide a better tor. sort of coercion under this proposal. I setting for workers, there is another Other flexible scheduling options: In- think it is important for us to under- thing besides comptime. It is called stead of helping just 4.5 percent of the stand that there are strong protections flexible schedules. women, flexible scheduling options

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2455 would help 67 percent of all working they should not get money, that they filibustered by the other side of the women. In addition to the comptime should take unpaid leave, is saying, aisle. for people who actually get overtime, sure, we know you are having a prob- Yesterday, there was a lot of talk in we ought to be working with individ- lem spending time with your family this Chamber about having time for de- uals who are only going to get 40 hours and a problem funding your family, so bate, having time for amendments, and a week. We can do this by giving them you should take more time with your the need to have amendments and de- the opportunity to tailor that 40 hours family and, therefore, have greater dif- bate. Well, you know, last year we a week in ways that gives them time ficulty funding it. That is a vice. That brought up the Family Friendly Work- off to spend with their families, spend is a crack into which we should not let place Act. There was not a single with their children, or if they do not families fall. amendment brought forward by the in- have families, they can spend it on That exacerbates the tension be- dividuals who opposed this on the other themselves. tween the home place and the work- side of the aisle. Not one amendment The idea that individuals should not place. It does not lift them both to- came to the floor, and yet they would be able to agree with their employers gether. Let me give you some data not let us vote. They talked and talked to arrange things so they can have a which I found to be stunning. The Fam- and talked. I stood on this floor and en- more fulfilling life—to be with their ily and Medical Leave Commission re- couraged them to offer amendments to children or take care of themselves—is port, which included notable Members address their concerns. I encouraged an idea of the past. American workers of this Chamber, reported that in order them to offer these amendments so the know how to accommodate their needs to make up for the money people lost issues could be resolved—so we could and should be able to agree with their when they took family leave, 28 per- end up with a product they could sup- employers in a framework of protec- cent of the families had to borrow port. Not one amendment was offered. tions to do that. money—go further into debt. We did fail to get two cloture votes Comptime would only help 5 million This basically says, if you need to while I, along with many other Repub- working men. That is only 10 percent have some time off, you have to go into licans, stood on the floor and asked for of the working men in the private sec- debt to spend time with your family. our colleagues on the other side of the tor. The other flexible scheduling op- We should not try to force people into aisle to offer their amendments. They tions provided in this amendment financial crisis. As a matter of fact, simply were not forthcoming. We even would benefit 61 percent of all men 10.4 percent of the families who took had Republican Members come down to working in the private sector. family and medical leave had to go on offer our own amendments to address Who would gain from flexible sched- welfare in order to accommodate the some of their concerns. But we were uling? Mr. President, 59.2 million pri- needs that arose from the lack of re- unable to because Democrats were vate sector workers would have new sources when they took family and stonewalling the issue. choices in setting work schedules and medical leave. And this is stunning, 42 Eventually President Clinton rhe- making time for their family and percent—41.9 percent; let me not over- torically supported comptime. He even friends—30.4 million men, 28.8 million state it—41.9 percent had to put off spoke to me personally about it. The women. paying bills. very day of the last failed cloture vote, These are individuals with families; I don’t know about most folks, but if I was told that flextime is the most im- these are individuals who have some- I have to put off paying a bill, that is portant thing we could do for American thing that competes with the work- a matter of serious tension. If you have families by the President himself. But place for their interests. We should not to go on welfare just to make up for when we tried to begin negotiations, it make it a situation where in order to your family and medical leave that you became a series of unreturned phone do your job you cannot be a parent or took for your time off, that is a matter calls while making continued state- be a good parent or in order to be a of serious tension. Or if you have to go ments to the press of the importance of good parent you have to be a bad em- into debt, 28.1 percent had to borrow flextime and their desire to com- ployee. We should provide the flexi- money under the family and medical promise—but no real negotiations. bility of scheduling. We should tailor leave provisions in order to meet the Not only did I try to get the White the laws of this country to make it needs of their family. That is serious House to sit down and talk, so did the possible for individuals—to make it tension. chairman of the Labor Committee and possible for individuals—to be able to I think it would be far better if, in- Congressman BALLENGER, the sponsor meet the needs of their families and stead of asking people to take a pay of the House comptime bill. We were the workplace. cut, which you have to do in order to told, ‘‘Wait until we finish the budget,’’ We mentioned earlier, when we sur- address the needs of your family under and then ‘‘Wait until the fast track veyed the situation in Government, the family and medical leave, that you vote,’’ and wait and wait and wait. General Accounting Office said two should allow us to have flexible work- I am reminded of the old saying in things happened: Morale and producing arrangements where you might the Ozarks, ‘‘Wait is what broke the tivity went up, and worker satisfaction have compensatory time off as a result bridge down.’’ I think the bridge col- and their ability to spend time with of overtime you have worked or you lapsed under the waiting of the bridge. their families went up. Wait a second. have a flexible working schedule that We are still waiting. Here is a win-win situation. The value you have designed. Well, we will not wait idly by while of work went up and the value of fam- Well, the provisions in this bill are millions of Americans are denied the ily went up. When Government can not the kinds of things that are new or ability to balance their work and fam- provide a basis for enhancing the value novel or have not been tested. Since ily demands. This is something the of families and enhancing the value of 1945, comptime has been available to American people deserve. This is some- work in this culture, we ought to seize Federal workers. We have seen how it thing that is essential to the survival that opportunity. Too much of what we works. Since 1985, it has been available of our culture. We must respect our do impairs the value of these cultures. to State and local workers. We know families. We must give them the oppor- Well, there are others who have said how it works. And we have designed a tunity to survive, and we must have a there are other solutions. Frankly, the superior product with more choices for competitive and productive work force. solution that has been proposed on the workers in this amendment than are And there are ways for this to happen. other side of the aisle is more unpaid existent for Federal workers and for We must harmonize these values. They leave, more of the so-called Family and State and local workers who like the must work together in cooperation. Medical Leave. And that is a tragedy program. It seems like common sense. They cannot work antagonistically in because unpaid leave exacerbates one We offered this during the 104th Con- conflict. of the problems that families are en- gress, the Work and Family Integra- This is an issue that the Democrats during—that is, they need resources. tion Act. It was selected as one of the in Congress and the President will not A lot of families would not have both top 10 agenda items on the Republican be able to make disappear. I will con- adults in the work force if they did not side of the Senate for the 105th Con- tinue to bring this issue up at every op- need the money. So telling people that gress. This past summer the bill was portunity. We have been accused of

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2456 CONGRESSIONAL RECORD — SENATE March 24, 1998 being unwilling to compromise. Well, President Clinton and the Demo- have any questions about this to come we have made changes in the bill to try cratic platform have all endorsed flex- and discuss them with me. Unfortu- to address concerns that have been time as a way to help Americans bal- nately, Senator KYL is not here. I am raised. ance the needs of work and family. It is not sure whether he will be here today We added bankruptcy protections to time for that endorsement to become a because of illness. It is not serious; he ensure that employees will be able to reality. It is time for Congress to stop just has a problem, I am told. collect accumulated comptime if their ignoring the serious challenges that Let me say this to the Senate. I and employer declares bankruptcy. We lim- are facing families in today’s work- a number of my colleagues have ited the number of hours that an em- place and give American workers what watched with concern as Iran has ployee can accrue from 240 hours to 160 they want and need. worked aggressively to develop longer to make sure that a person does not This issue will not go away. This range theater ballistic missiles. get too many hours of comptime out issue of giving working Americans the there and somehow it might not be ful- ability to balance work and family There have been many reports that a filled. must be addressed. I am not going to new Iranian missile, the Shahab-3, may We have put a sunset provision on tie up this supplemental appropriations be tested within the coming year. the bill saying, look, we are only try- bill with this amendment at this time. This new missile, with a range ap- ing it for 5 years. Let the American But I lay this before the Congress as a proaching 1,300 kilometers, can now people find out about it. If it is abusive clear signal and indication that this is reach targets in the Middle East that to the workers, it will be over in 5 a must-address issue. I will bring this were previously not threatened by bal- years. It will not be abusive. If this was issue back to the floor on an insistent listic missiles from Iran. an abuse of workers, they would have basis. While we are meeting the emer- Further, the Shahab-3’s velocity and curtailed it after 5 years in 1950, from gency needs of Government, we cannot range could require changes in our own the time it started in 1945; or for State continue to ignore the needs, emer- theater missile defense systems cur- and local workers in 1990, after it was gency needs, of families and of the rently under development. started in 1985. American work force, particularly We completely eliminated the flexi- Obviously, our allies, particularly those who have built this Nation as Israel, are very concerned about this ble credit hour provisions of the bill so hourly workers. that we are just talking about flexible new Iranian missile development ef- So I will withdraw my amendment at fort. In parallel—and I believe this is of scheduling. This amendment only per- this time. I will indicate that this is a mits workers to move 10 hours from utmost importance—North Korea has must-address issue, but I will not allow continued to pursue the development of one week to the next, but that would it to foreclose or preclude or otherwise provide a basis for a day off every other a longer range missile. They are work- impair our ability to address the emer- ing on the no dong and the taepo dong week. gency needs of troops that are deployed We will find out who really supports missiles. These missiles have created by this country overseas. But I will say giving workers the flexible work sched- concern not just in Asia, but in my that neither will I allow this body to ules that workers desperately need. We home State of Alaska, as well as in Ha- ignore this issue and thereby ignore will do so by asking that this bill move waii, which is the home State of both forward. We will find out who believes the needs of American families, just as of my colleagues from Hawaii. we are not going to ignore the needs of that it is appropriate for Government Now, I believe the Senate should to allow flexible work schedules for the American Government. Mr. President, I ask for the oppor- know that the first targets within the their own employees and for salaried tunity to withdraw my amendment. reach of the longer range Korean mis- workers but not for laborers, those who The PRESIDING OFFICER. The siles are in fact the States of Alaska have built this great Nation. Every- amendment is withdrawn. and Hawaii. body has flexible work time. All the Mr. STEVENS addressed the Chair. As a nation, I think we have to react Government does, all the salaried The PRESIDING OFFICER. The Sen- workers. The boardroom has it, the swiftly to the threat posed by these ator from Alaska, Mr. STEVENS, is rec- people on salary. new ballistic missile development and ognized. test efforts. Local and State governments have it. Mr. STEVENS. Mr. President, I But who doesn’t have it? Hourly work- Senator KYL and others who have thank the Senator for his courtesy. He ers in America, the people who built watched this issue closely have urged is the original sponsor of the legisla- this country. They are in the minority that we take action now to respond to tion that provided the Federal system now. They don’t have it. I believe it is this threat. Therefore, I have offered flextime and comptime, and I have sup- time for them to have this same kind this amendment on behalf of Senator ported what the Senator is doing. I of capacity to be with their families KYL and myself to provide emergency think it is a step that should be taken. the way others have found it to be with appropriations to respond to this dan- I regret that we cannot proceed, but I theirs. We also will find out who really gerous new threat. appreciate the fact that he has seen fit cares about women’s positions in the to withdraw this amendment now so The amendment will provide $151 workplace. that we can proceed and try to keep million for urgent development efforts It is interesting to note that Working which directly address these new mis- Woman Magazine says this: this bill limited to those items that are emergency in nature, which affect our sile threats. I might say that this mat- Poll after poll shows that Americans want ter has been reviewed by the Deputy to spend time with their families and cite defense and affect the disasters that flexible scheduling as a top priority. . . . have taken place in this country. I Secretary of Defense. They have indi- Give women what they want, not what you commend the Senator for his action. I cated that if additional resources are (Members of Congress) think they need. am very appreciative of it. not made available, they can address That is what Working Woman Maga- AMENDMENT NO. 2079 these initiatives with reallocation of zine said. This is a fight that must be Mr. STEVENS. Mr. President, as I existing funds. Now, that is exactly continued. I believe that this is a fight understand it, the Kyl amendment that what we don’t want. The funds have al- that should be continued for the hourly I offered on behalf of the Senator from ready been allocated, and what this bill workers of America, who don’t happen Arizona is the pending amendment; is is doing is trying to make additional to be Federal workers, who don’t hap- that correct? funds available to make up for the ones pen to be State workers, who don’t The PRESIDING OFFICER. The Sen- that have already been used in Bosnia happen to be local government work- ator is correct. and in the deployment in Southwest ers, who don’t happen to be salaried Mr. STEVENS. Mr. President, I Asia. workers, who don’t happen to inhabit would like to have that remain the This amendment provides for better the walnut-paneled boardrooms of pending amendment now so we can see integration of Army and Navy missile America, but do happen to have fami- if we can dispose of it. I am not sure we defense systems and radars, for addi- lies and do happen to have the same can do that before noon, but I hope tional testing of the Patriot and lower kinds of needs. that we can. I urge any Members who tier systems against these longer range

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2457 theater ballistic missiles, and other ef- executive branch will agree that these the Helsinki summit in March 1997 and forts which will link our existing sen- funds will respond to security crises at the P–8 summit last June. The sors, communications, and weapon sys- and the projects should be added. If President also appointed Ambassador tems to defeat improved theater bal- they do not, these funds would not be Frank Wisner as his special envoy to listic missiles. available under this amendment. I do hold detailed discussions with Russian In addition, the amendment specifi- believe that my good friend from Ha- officials about the dangers of aiding cally provides funds to assist Israel in waii wants to make a statement on the Iran’s ballistic missile program. This is purchasing a third arrow missile bat- matter when he arrives. a very serious issue which the Clinton tery. The capabilities of the emerging (At the request of Mr. STEVENS, the Administration has clearly acknowl- Iranian threat force us and Israel to following statement was ordered to be edged. add additional batteries to protect not printed in the RECORD.) As a result of the Administration’s only our forces, but our allies in Israel. Mr. KYL. Madam President, my diplomatic efforts, in January Russian Mr. President, I believe these efforts amendment to the supplemental appro- Prime Minister Chernomyrdin signed a have some of the most urgent projects priations bill (S. 1768) would accelerate decree issuing catch-all export controls we could undertake in the Department the development and deployment of on nuclear, biological, chemical, and of Defense. As I indicated, Deputy Sec- theater missile defense systems. missile technology. The Russian gov- retary of Defense John Hamre wrote a Recent revelations that Iran has ernment has also said it will not assist letter bringing these needed invest- nearly completed development of two Iran’s missile program. While we all ments to the attention of our col- new ballistic missiles—made possible hope this will lead to an end to the leagues in the House. The emergency with Russian assistance—that will transfer of Russian missile hardware supplemental before us provides an op- allow it to strike targets as far away as and expertise to Iran, I think the jury portunity to deal with these critical in- Central Europe have convinced me that is still out on whether Moscow will vestments. But we cannot do it from U.S. theater missile defenses must be fully comply with its obligations. For here directly. This amendment pro- accelerated in order to counter the example, just one month after Prime vides that the moneys in the amend- emerging Iranian threat. This in- Minister Chernomyrdin issued the de- ment will only be available if there is creased Iranian missile threat has ma- cree on catch-all export controls, the an official budget estimate for the terialized much sooner than expected Washington Times reported that Rus- amounts that are designated to be an due to the extensive assistance Russia sia was still providing missile aid to emergency. This would be in a request has provided over the past year. Tehran. Specifically Russia and Iran’s transmitted to the Congress as emer- According to press reports, develop- intelligence services were reportedly gency requirements, as defined in the ment of Iran’s 1,300 kilometer-range coordinating a visit to Moscow by a Balanced Budget and Emergency Def- Shahab-3 missile, which will be capable group of Iranian missile technicians icit Control Act of 1985, as amended. of reaching Israel, could be completed and Russian missile experts were plan- Now, as I say, the amendment I of- in 12 to 18 months. Development of a ning to teach courses in Tehran on fered for the Senator from Arizona, Mr. longer-range missile, called the missile guidance systems and pyrotech- KYL, does not make that money avail- Shahab-4, whose 2,000 kilometer range nics. able. It will only be available if the ad- will allow it to reach targets in Central It is also worth remembering that ministration agrees that there is a Europe, could be completed in as little Russia promised three years ago to critical issue here and that these mon- as three years. Both missiles could be phase out conventional arms sales to eys should be available now to deal armed with chemical or biological war- Iran and to join the Missile Technology with these issues. heads. These revelations are part of a Control Regime. In addition, last Mr. President, we have troops, once string of very troubling disclosures March, President Yeltsin assured again, stationed in this area. We do not that have surfaced over the past year President Clinton at the Helsinki sum- have an adequate theater missile de- detailing the extensive aid Russia has mit that it was not Russia’s policy to fense system. We don’t have a missile provided to Iran. assist Iran’s missile program. But Rus- defense system that is even currently A bipartisan group of Senators and sia has given missile aid to Iran in vio- planned for the total 50 States. When it Representatives have been working on lation of these commitments. Deputy was presented to our committee, the various legislative approaches to ad- Assistant Secretary of State Einhorn Department specifically pointed out dress the Iranian threat for some time. summarized this situation well in Sen- that it was not possible for a period of For example, last fall both Houses of ate testimony last year stating, 15 or more years to cover the States of Congress passed a Concurrent Resolu- We have pressed the Russian leader- Alaska and Hawaii. But a theater mis- tion which Representative JANE HAR- ship at the highest levels and we have sile defense system would. MAN and I submitted expressing the been told that it is not Russia’s policy I believe there is an emergency. I be- sense of the Congress that the Admin- to assist Iran’s long-range missile pro- lieve it is highly important that we istration should impose sanctions gram. But the problem is this: There’s proceed to make these investments. I against the Russian organizations and a disconnect between those reassur- do not think the investments should be individuals that have transferred bal- ances, which we welcome, and what we made available from funds we have al- listic missile technology to Iran. The believe is actually occurring. ready appropriated for other critical annual foreign aid bill passed last year In any event, the United States and projects in the Department; nor do I also contains a provision conditioning our allies must be prepared to protect think we should defer acquisitions of the release of foreign aid to Russia on ourselves from the possibility that Iran new systems. That has been done too a halt to the transfer of nuclear and will use ballistic missiles armed with much already. missile technology to Iran. And, Sen- nuclear, biological, or nuclear war- Mr. President, we spent more time in ator LOTT and Representative GILMAN heads. It is that possibility that this the last 3 years reprogramming money have introduced legislation that would amendment is intended to address. Nei- we have already made available to the require that sanctions be imposed ther the United States nor Israel will Department of Defense than we have in against any entity caught transferring have missile defenses capable of coun- considering how much money should be goods to support Iran’s ballistic missile tering the threat from the Shahab-3 or available to the Department of De- program. Shahab-4 missiles before those systems fense. I don’t want to start the concept In addition to these legislative ini- are deployed. This amendment provides of reprogramming. What this does is, it tiatives, the Administration has en- funding to accelerate the development says to the administration that if they gaged in a series of diplomatic ex- of some key theater missile defense are as serious as we are about pro- changes with the Russians. According systems, as well as procurement of ceeding now with the ballistic missile to press accounts, Vice President GORE items for a third Arrow missile defense defense system—we have made the has raised the issue with Prime Min- battery for Israel. finding ourselves that it is an emer- ister Chernomyrdin on several occa- In crafting this amendment, I have gency, and we ask the President to sions. President Clinton has discussed worked closely with the Defense De- simply make the decision. I hope the the matter with President Yeltsin at partment and my colleagues in the

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2458 CONGRESSIONAL RECORD — SENATE March 24, 1998 House of Representatives. Last month, The PRESIDING OFFICER. The but not acceptable for enlistment in Deputy Defense Secretary Hamre iden- clerk will call the roll. the Armed Forces. Having spent their tified a variety of initiatives which The legislative clerk proceeded to time with the National Guard in its DoD felt were needed to counter the call the roll. Challenge Program, many of them new missile threat from Iran. In a let- Mr. STEVENS. Mr. President, I ask really want to continue and go into ter to Representative WELDON, Mr. unanimous consent that the order for military service and continue their Hamre indicated the Administration the quorum call be rescinded. education as a member of the armed felt so strongly about the need for The PRESIDING OFFICER. Without services. We believe that opportunity these new initiatives that if additional objection, it is so ordered. ought to be there for these young peo- funding was not provided, that the Bal- AMENDMENT NO. 2085 ple who have made a commitment to listic Missile Defense Organization (Purpose: Treatment of Educational Accom- change their lives and who have made would reprogram $100 million from ex- plishments of National Guard Challenge a commitment that they want to be isting missile defense programs for this Program Participants) part of the military system. purpose. Reprogramming missile de- Mr. STEVENS. Mr. President, I have This, as I said, is something that is fense funds would be counterproductive three amendments that have been dis- very limited in scope and only deals since, in effect, we would be robbing cussed on both sides of the aisle and with a few hundred people in the coun- Peter to pay Paul. have been cleared now. I send to the try as a whole. But they are people The $100 million of funding for initia- desk an amendment on behalf of Sen- that the Guard has worked with, and tives identified by DoD are the core of ator LEAHY; a second amendment pro- they have worked with the Guard. this amendment. This funding re- posed by myself and Senators COCHRAN, As I said, that was one of the most quested by the Administration would BOXER, and BUMPERS; and an amend- impressive hearings that I have con- provide: ment for Senator MCCAIN that has been ducted in the Defense Appropriations $35 million for integration of the Pa- cleared. Subcommittee. It was very emotional, triot (PAC–3), Navy Upper and Lower Mr. President, I suggest the absence really, to listen to these young people Tier, and THAAD radar systems to of a quorum. who came forward and told us they had allow earlier, more accurate cueing The PRESIDING OFFICER. The problems with drugs, or being members that will increase the effective range of clerk will call the roll. of gangs, and they decided they wanted these missile defense systems. The legislative clerk proceeded to to change. And they have changed. One $15 million to accelerate completion call the roll. young man was in his second year at of the PAC–3 remote launch capability. Mr. STEVENS. Mr. President, I ask The Citadel. He got into The Citadel Remote launch allows PAC–3 missiles unanimous consent that the order for with a GED, but he could not have got- to be deployed at considerable dis- the quorum call be rescinded. ten into the Army, or the Navy, or the tances from the PAC–3 radars effec- The PRESIDING OFFICER. Without Air Force. We think that ought to tively doubling the amount of territory objection, it is so ordered. change. defended. Mr. STEVENS. Mr. President, I ask This provision will change that. I be- $40 million for one additional test that the clerk read only the amend- lieve it should be adopted. It has been flight of the PAC–3 and Navy Lower ment that I offered for myself and Sen- cleared on both sides, and Senator Tier systems to test their capabilities ator COCHRAN at this time. BYRD wishes to be listed as a cospon- against longer-range missiles such as The PRESIDING OFFICER. Without sor. the Shahab-3 missile that Iran is devel- objection, it is so ordered. Mr. BYRD. Mr. President, I thank oping. The clerk will report. the Senator. $10 million to improve interoper- The legislative clerk read as follows: Mr. STEVENS. I am pleased to make ability between the Arrow and U.S. The Senator from Alaska (Mr. STEVENS), that request. TMD systems. The PRESIDING OFFICER. Without In addition to providing funding for for himself, Mr. COCHRAN, Mrs. BOXER, and Mr. BUMPERS, proposes an amendment num- objection, it is so ordered. the programs identified by the Admin- bered 2085. Mr. STEVENS. I urge adoption of the istration, this amendment would also The amendment is as follows: amendment. provide $6 million to integrate a vari- The PRESIDING OFFICER. The ety of sensors and communication sys- On page 15, after line 21 of the bill insert: ‘‘SEC. . Notwithstanding any other provi- question is on agreeing to the amend- tems to provide better, more accurate sion of law, in the case of a person who is se- ment of the Senator from Alaska. early warning data from a missile lected for training in a State program con- The amendment (No. 2085) was agreed launch, and $45 million to purchase a ducted under the National Guard Challenge to. third radar for the Israeli Arrow sys- Program and who obtains a general edu- Mr. STEVENS. Mr. President, I move tem, the first step toward eventually cation diploma in connection with such to reconsider the vote by which the providing a third battery of the system training, the general education diploma amendment was agreed to. to Israel. shall be treated as equivalent to a high Mr. BYRD. I move to lay that motion school diploma for purposes of determining The proposals contained in this on the table. amendment enjoy bipartisan support. the eligibility of the person for enlistment in the armed forces.’’ The motion to lay on the table was Last week, the House National Secu- agreed to. Mr. STEVENS. Mr. President, this rity Committee passed a bill, which is Mr. STEVENS. Mr. President, for the came to light during a hearing we held very similar to the amendment I have time being, I ask that the other two in the Defense Subcommittee of our offered, by a vote of 45 to 0. It is also amendments I have sent to the desk be Committee on Appropriations last important to note that the amendment held in abeyance. I have offered simply makes $151 mil- week. Since that time, I have discussed The PRESIDING OFFICER. Without lion in funding available to the admin- it with members of the Joint Chiefs of objection, it is so ordered. istration. In order for the Administra- Staff and other members in the armed Mr. STEVENS. Mr. President, has tion to use this funding it must des- services. the Kyl amendment finally been dis- ignate it as an emergency requirement. These young people who go through posed of? In closing, I thank the distinguished the Challenge Program get a general The PRESIDING OFFICER. It has Chairman of the Appropriations Com- equivalent degree, a GED, but under not been disposed of. mittee, Senator STEVENS for his sup- our existing law a person must have a Mr. STEVENS. I suggest the absence port and urge my Senate colleagues to high school diploma to enlist. This of a quorum. support this amendment which will amendment covers only those people The PRESIDING OFFICER. The help ensure that the United States and who come through that program with a clerk will call the roll. its allies can take meaningful steps to GED. They will have spent 20 weeks or The legislative clerk proceeded to counter the growing threat from Iran’s more with the National Guard in a call the roll. missile program. semimilitary situation, and they go Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, I sug- through and get their GED, which is unanimous consent that the order for gest the absence of a quorum. acceptable to colleges and universities the quorum call be rescinded.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2459 The PRESIDING OFFICER. Without The amendment is as follows: Act of 1934 (47 U.S.C. 254(h)) received as of objection, it is so ordered. On page 51, line 22, strike Section 2004 and April 15, 1998, an estimate of the costs of pro- Mr. STEVENS. I ask unanimous con- insert in lieu thereof the following: viding universal service support to schools and libraries under that section sent Senator BOND be listed as a co- SEC. 2005. PROVISIONS RELATING TO UNIVERSAL disaggregated by eligible services and facili- SERVICE SUPPORT FOR PUBLIC IN- sponsor of amendment No. 2085. ties as set forth in the eligibility list of the The PRESIDING OFFICER. Without STITUTIONAL TELECOMMUNI- CATIONS USERS. Schools and Libraries Corporation, includ- objection, it is so ordered. (a) NO INFERENCE REGARDING EXISTING UNI- ing— Mr. STEVENS. Mr. President, I sug- VERSAL SERVICE ADMINISTRATIVE MECHA- (i) the amounts requested for costs associ- gest the absence of a quorum. NISM.—Nothing in this section may be con- ated with telecommunications services; The PRESIDING OFFICER. The sidered as expressing the approval of the (ii) the amounts requested for costs de- clerk will call the roll. Congress of the action of the Federal Com- scribed in clause (i) plus the costs of internal The legislative clerk proceeded to munications Commission in establishing, or connections under the program; and causing to be established, one or more cor- (iii) the amounts requested for the costs call the roll. described in clause (ii), plus the cost of inter- Mr. BYRD. Madam President, I ask porations to administer the schools and libraries program and the rural health care net access; unanimous consent that the order for (iv) the amount requested by eligible provider program under section 254(h) of the the quorum call be rescinded. schools and libraries in each category and Communications Act of 1934 (47 U.S.C. The PRESIDING OFFICER (Ms. COL- discount level listed in the matrix appearing 254(h)), or the approval of any provision of at paragraph 520 of the Commission’s May 8, LINS). Without objection, it is so or- such programs. 1997 Order, calculated as dollar figures and as dered. (b) FCC TO REPORT TO THE CONGRESS.— percentages of the total of all requests: PRIVILEGE OF THE FLOOR (1) REPORT DUE DATE.—Pursuant to the (I) the amount requested by eligible findings of the General Accounting Office (B– Mr. BYRD. Madam President, on be- schools and libraries in each such category 278820) dated February 10, 1998, the Federal half of Mr. BIDEN, I ask unanimous con- and discount level to provide telecommuni- Communications Commission shall, by May sent that Mark Tauber, a State Depart- cations services; 8, 1998, submit a 2-part report to the Con- ment Pearson Fellow on the Foreign (II) the amount requested by eligible gress under this section. schools and libraries in each such category Relations Committee staff, be granted (2) REVISED STRUCTURE.—The report shall floor privileges for the duration of con- and discount level to provide internal con- propose a revised structure for the adminis- nections; and sideration of S. 1768, the emergency tration of the programs established under (III) the amount requested by eligible supplemental appropriations bill. section 254(h) of the Communications Act of schools and libraries in each such category The PRESIDING OFFICER. Without 1934 (47 U.S.C. 254(h)). The revised structure and discount level to provide internet access. objection, it is so ordered. shall consist of a single entity. (E) A justification for the amount, if any, Mr. BYRD. Madam President, I sug- (A) LIMITATION ON ADMINISTRATION OF PRO- by which the total requested disbursements gest the absence of a quorum. GRAMS.—The entity proposed by the Commis- from the fund described in subparagraph (D) sion to administer the programs— exceeds the amount of available contribu- The PRESIDING OFFICER. The (i) is limited to implementation of the FCC clerk will call the roll. tions described in subparagraph (B). rules for applications for discounts and proc- (F) Based on the amount described in sub- The bill clerk proceeded to call the essing the applications necessary to deter- paragraph (D), an estimate of the amount of roll. mine eligibility for discounts under section contributions that will be required for the Mr. STEVENS. Mr. President, I ask 254(h) of the Communications Act of 1934 (47 schools and libraries program in the third unanimous consent that the order for U.S.C. 254(h)) as determined by the Commis- and fourth quarters of 1998, and, to the ex- the quorum call be rescinded. sion; tent these estimated contributions for the The PRESIDING OFFICER (Mr. (ii) may not administer the programs in third and fourth quarter exceed the current any manner that requires that entity to in- ENZI). Without objection, it is so or- second-quarter contribution, the Commis- terpret the intent of the Congress in estab- sion shall provide an estimate of the amount dered. lishing the programs or interpret any rule Mr. STEVENS. Mr. President, I am of support that will be needed for each of the promulgated by the Commission in carrying eligible services and facilities as set forth in now informed that the Kyl amendment out the programs, without appropriate con- the eligibility list of the Schools and Librar- has been cleared on both sides. Is it the sultation and guidance from the Commis- ies Corporation, and disaggregated as speci- pending business? sion. fied in subparagraph (D). The PRESIDING OFFICER. The Sen- (B) APA REQUIREMENTS WAIVED.—In pre- (G) An explanation of why restricting the ator is correct. paring the report required by this section, basis of telecommunications carriers’ con- Mr. STEVENS. I ask for its imme- the Commission shall find that good cause tributions to universal service under 254(a)(3) diate consideration. exists to waive the requirements of section of the Communications Act of 1934 (47 U.S.C. The PRESIDING OFFICER. Is there 553 of title 5, United States Code, to the ex- 254(a)(3)) to interstate revenues, while re- tent necessary to enable the Commission to further debate on the amendment? If quiring that contributions to universal serv- submit the report to the Congress by May 8, ice under section 254(h) of that Act (47 U.S.C. not, the question is on agreeing to the 1998. 254(h)) be based on both interstate as well as amendment of the Senator from Ari- (3) REPORT ON FUNDING OF SCHOOLS AND LI- intrastate revenues, is consistent with the zona. BRARIES PROGRAM AND RURAL HEALTH CARE provisions of section 254(d) of that Act (47 The amendment (No. 2079) was agreed PROGRAM.—The report required by this sec- U.S.C. 254(d)). to. tion shall also provide the following infor- (H) An explanation as to whether access Mr. STEVENS. Mr. President, I move mation about the contributions to, and re- charge reductions should be passed through to reconsider the vote by which the quests for funding from, the schools and lion a dollar-for-dollar basis to each customer braries subsidy program: amendment was agreed to. class on a proportionate basis. (A) An estimate of the expected reductions (I) An explanation of the contribution Mr. LEAHY. I move to lay that mo- in interstate access charges anticipated on mechanisms established by the Commission tion on the table. July 1, 1998. under the Commission’s Report and Order The motion to lay on the table was (B) An accounting of the total contribu- (FCC 97–157), May 8, 1997, and whether any di- agreed to. tions to the universal service fund that are rect end-user charges on consumers are ap- AMENDMENT NO. 2092 available for use to support the schools and propriate. Mr. STEVENS. Mr. President, I send libraries program under section 254(h) of the (c) IMPOSITION OF CAP ON COMPENSATION OF Communications Act of 1934 (47 U.S.C. 254(h)) INDIVIDUALS EMPLOYED TO CARRY OUT THE an amendment to the desk. for the second quarter of 1998. PROGRAMS.—No officer or employee of the The PRESIDING OFFICER. The (C) An accounting of the amount of the entity to be proposed to be established under clerk will report. contribution described in subparagraph (B) subsection (b)(2) of this section may be com- The assistant legislative clerk read that the Commission expects to receive pensated at an annual rate of pay, including as follows: from— any non-regular, extraordinary, or unex- The Senator from Alaska (Mr. STEVENS) (i) incumbent local exchange carriers; pected payment based on specific determina- proposes an amendment numbered 2092. (ii) interexchange carriers; tions of exceptionally meritorious service or Mr. STEVENS. Mr. President, I ask (iii) information service providers; otherwise, bonuses, or any other compensa- (iv) commercial mobile radio service pro- tion (either monetary or in-kind), which ex- unanimous consent that reading of the viders; and ceeds the rate of basic pay in effect from amendment be dispensed with. (v) any other provider. time to time for level I of the Executive The PRESIDING OFFICER. Without (D) Based on the applications for funding Schedule under section 5312 of title 5, United objection, it is so ordered. under section 254(h) of the Communications States Code.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2460 CONGRESSIONAL RECORD — SENATE March 24, 1998 (d) SECOND-HALF 1998 CONTRIBUTIONS.—Be- AMENDMENT NO. 2098 Although Vermonters, I must admit fore June 1, 1998, the Federal Communica- Mr. LEAHY. Mr. President, I send an to my good friends from the Midwest, tions Commission may not— amendment to S. 1768 to the desk on and New Englanders have always (1) adjust the contribution factors for telecommunications carriers under section 254; behalf of myself, Mr. ABRAHAM and Mr. thought of Lake Champlain as the or LEVIN. ‘‘sixth Great Lake,’’ because it is the (2) collect any such contribution due for The PRESIDING OFFICER. The sixth largest body of fresh water in the the third or fourth quarter of calendar year clerk will report the amendment. continental United States, I recognize 1998. The legislative clerk read as follows: the historical and emotional signifi- Mr. STEVENS. Mr. President, I am The Senator from Vermont [Mr. LEAHY], cance this definition carries in much of informed that this amendment is ac- for himself, Mr. ABRAHAM and Mr. LEVIN, the Midwest where they have the fan- ceptable on both sides. This substitute proposes an amendment numbered 2098. tastic Great Lakes—Huron, Ontario, is very similar to the original section Mr. LEAHY. Mr. President, I ask Michigan, Erie and Superior. That is 2004 of the bill before the Senate. We unanimous consent that the reading of why I have been working with my col- have made some changes based upon the amendment be dispensed with. leagues of the Midwest to ensure their input from several Senators in seg- The PRESIDING OFFICER. Without image of the Great Lakes remains in- ments of the telecommunications in- objection, it is so ordered. tact, while allowing schools in dustry. The amendment is as follows: Vermont to compete for research dol- This amendment and legislation ad- At the appropriate place, add the fol- lars on a level playing field with other dresses the fact that the GAO has de- lowing: schools within the National Sea Grant termined that the Federal Communica- SEC. . Section 203 of the National Sea Program. tions Commission established the Grant College Program Act (33 U.S.C. 1122) is Over the last weeks, we have all Schools and Library and Rural Health amended by— heard tales of the greatness of Lake Care Corporations in violation of the (1) striking paragraph (5) and redesignating Champlain and the Great Lakes. We all Government Corporations Control Act. paragraphs (6) through (17) as paragraphs (5) agree that these lakes share in the That law states that agencies must through (16); greatness, whether from their common (2) redesignating subparagraphs (C) have specific statutory authority to es- through (F) of paragraph (7), as redesignated, geological history or their shared bio- tablish such corporations. as subparagraphs (D) through (G); and logical system that supports the di- Our bipartisan bill urges the FCC to (3) inserting after subparagraph (B) of verse flora and fauna in the region. come to Congress with an acceptable paragraph (7), as redesignated, the following: Lake Champlain is not as large as structure. Our effort also mandates ‘‘(C) Lake Champlain (to the extent that the Great Lakes of the Midwest, but it that the FCC report to Congress by such resources have hydrological, biological, has proved its greatness throughout May 8 of each year on the cost of this physical, or geological characteristics and American history. The pivotal Battle program. problems similar or related to those of the of Valcour in 1776 on Lake Champlain Consumers experienced a 4.9 percent Great Lakes);’’ was a key element in winning the Rev- rate increase on their business phone Mr. LEAHY. Mr. President, I am olutionary War, because it turned back bills after initial collections to fund pleased to join my colleagues from the the British fleet coming down to resup- this program. Congress needs to know Great Lakes State today to offer an ply their forces. A turning point in the why rates went up and how we can amendment that clarifies an issue that War of 1812 was the Battle of avoid such an outcome in the future. relates to ecological research involving Plattsburg. And last year, the sister I want to personally thank Senators Lake Champlain and its relatives, the ship to the Smithsonian’s Philadelphia, HOLLINGS, MCCAIN, BURNS, DORGAN, Great Lakes of the Midwest. Benedict Arnold’s gunboat, was discov- and ROCKEFELLER for their help with Almost 10 years ago, I embarked on a ered intact in Lake Champlain. So, if this amendment. As I said, it has now campaign to reverse what was the ap- we expand the National Sea Grant Pro- been found acceptable to both sides as pearance of initial environmental deg- gram to include Lake Champlain, we a substitute to the provisions that are radation of Lake Champlain. This cam- will be able to preserve the environ- in this bill as reported by the com- paign included access to the research mental, economic, and historical value mittee. I urge its adoption. and expertise of the National Oceanic of a lake that is a Vermont and a na- THE PRESIDING OFFICER. If there and Atmospheric Administration and tional treasure. be no further debate, the question is on the National Sea Grant Program. The amendment I am offering today agreeing to the amendment. When I included Lake Champlain with Senators LEVIN and ABRAHAM The amendment (No. 2092) was agreed within the definition of the ‘‘Great clarifies the definition of ‘‘Great to. Lakes’’ for the purpose, and solely for Lakes.’’ Representative Fred Upton has Mr. STEVENS. Mr. President, I move the purpose, of the National Sea Grant also been extremely active and helpful to reconsider the vote. Program, that change ignited some rein developing this solution. Senator Mr. LEAHY. I move to lay that mo- gional anxiety in the Midwest, the tra- LEVIN, the new chair of the Great tion on the table. ditional home of the five Great Lakes. Lakes task force, has made darn sure, The motion to lay on the table was It sparked a geography debate over the as have his other colleagues and friends agreed to. last month that has enlightened many Mr. STEVENS. I yield the floor. from the Midwest, that I have read Mr. LEAHY. Mr. President, I tell my a classroom. It certainly enlivened the every editorial written in their region. friend, the senior Senator from Alaska, conversation across many a dinner In fact, I expect at some moment to be we have a matter that I think has been table, including my own in Middlesex, in front of the blackboard saying, ‘‘I somewhat of a regional and local con- VT. But it has had the added advantage shall name’’—but, because they are troversy about to be worked out. I ad- of even classes that did a poor job of such good friends, and both are on the vise the distinguished chairman of the teaching geography now had something floor now, they didn’t make me do Appropriations Committee, I think with which they could do a good job, that. But the fact that all of us are of- within a matter of minutes we will be and people now know at least where fering this amendment together is tes- able to move on that. the top northern tier of States are. timony to the shared understanding In the meantime, I suggest the ab- My original amendment only modi- and respect for the importance of our sence of a quorum. fied the term ‘‘Great Lakes’’ for the lakes to our environment, our econ- The PRESIDING OFFICER. The purpose of the National Sea Grant Pro- omy, and our history. clerk will call the roll. gram. But it snowballed into concerns Unfortunately, while we have that The legislative clerk proceeded to that we would have to rewrite our en- shared interest, we also share some call the roll. cyclopedias or throw out our atlases. common threats to our lakes. In the Mr. LEAHY. Mr. President, I ask My amendment to the National Sea last year, we have witnessed the spread unanimous consent that the order for Grant Program simply allows Vermont of the zebra mussel infestation the quorum call be rescinded. colleges that border Lake Champlain throughout Lake Champlain, because The PRESIDING OFFICER. Without to compete for Sea Grant College sta- we connect through the St. Lawrence objection, it is so ordered. tus and research funds. Seaway, and we share that with the

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2461 other lakes. These small freshwater any other area: Come to Vermont; we clear. So, in reversing the designation, pests are threatening native mussels, would love to have you there. as this amendment would, continuing community water systems, and the Mr. LEVIN addressed the Chair. Vermont and Lake Champlain as being network of underwater shipwrecks that The PRESIDING OFFICER. The Sen- eligible to compete for funds where make up a rich part of our Nation’s ator from Michigan. there is a common problem is the right history. In fact, scientists forecast that Mr. LEVIN. Mr. President, first, I way to go. zebra mussels and other invasive spe- thank Senator LEAHY for offering this We thank Senator LEAHY for his rec- cies are likely to reach their maximum amendment. It is a very important ognition of that. All of us who live in levels within the next few years. amendment to those of us in the Great the Great Lakes region, I think, are The zebra mussel represents one of Lakes for the reasons he has described. now going to be assured that a tradi- the many connections between the His initiative was aimed at making tional definition, which has been so im- Great Lakes and Lake Champlain, hav- certain that Lake Champlain would be portant to us in our identities, will be ing spread through waterways by boat- eligible to compete for certain funds. maintained and will be restored. ers who travel among our lakes. We That eligibility is dependent upon Now this language will hopefully pass share other concerns such as toxic pol- Lake Champlain facing a common the House of Representatives, and I am lutants, nutrient enrichment and habi- problem. sure with Senator LEAHY’s support, it tat degradation, and these threaten our There is no reason why Lake Cham- will do so. Again, I thank him, I thank common fisheries. plain should not be able to compete for Senator ABRAHAM, and I thank our col- For the most part, this Great Lakes funds where they face a common prob- leagues from the Great Lakes region debate has not been a dispute among lem with the Great Lakes, such as for their effort in this legislation. scientists who know the common his- zebra mussels or contaminated sedi- Mr. ABRAHAM addressed the Chair. tory and problems facing these lakes, ments. So that was never the problem. The PRESIDING OFFICER. The Sen- but among politicians and columnists The problem was the redesignation of ator from Michigan. and radio talk show hosts. By pooling Lake Champlain as a Great Lake, and Mr. ABRAHAM. Thank you very all of our resources on freshwater lake that is what created the difficulty. much, Mr. President. research and allowing schools con- Basically, what this Leahy amend- I rise today with my colleagues in ducting research on Lake Champlain to ment does is to reconfirm the histor- support of the Leahy amendment directly participate in the Sea Grant ical definition of the Great Lakes. That which includes S. 1873, legislation College Program, we are going to be historical definition of the five Great which I had previously introduced with better prepared to solve these environ- Lakes is learned by every child in the Senators LEAHY and LEVIN, legislation mental and economic problems. We Great Lakes region. It is HOMES. It is which will resolve the recent con- have already heard from scientists who the easy way for our children to learn troversy surrounding the designation are excited about the prospect of shar- what the Great Lakes are. HOMES— of Lake Champlain as a Great Lake. ing information and starting joint re- Lake Huron, Lake Ontario, Lake Since being signed into law last month, search projects to address these prob- Michigan, Lake Erie and Lake Supe- the Sea Grant College Program Act has lems. rior. Together they spell HOMES. That received a tremendous amount of at- Our amendment will build on our ex- is a very significant part of our iden- tention, not for the important research isting partnership and ensure the Sea tity in the Great Lakes. it fosters, but for a single sentence Grant Program protects the water re- Senator LEAHY, in his amendment that designated Lake Champlain as a sources, biodiversity, and economic this morning and in his words on the Great Lake for purposes of the bill. health of the Great Lakes and Lake floor, recognizes the importance of Today’s agreement will restore the Champlain. that historical identity to us, and we designation of a ‘‘Great Lake’’ to the The purpose of my earlier amend- are very supportive of this amendment, original five. This has been made pos- ment was not to change any maps but indeed, have actively helped to create sible as a result of several weeks of dis- to promote ecological research on the it, to cosponsor it. cussion among myself, Senator LEVIN, common problems facing our lakes. I I also thank Senator ABRAHAM who and Senator LEAHY. I thank them for understand the symbolic issue this has has played such an active role in this their efforts. I also thank and draw at- become with our friends in the Midwest effort to maintain the Great Lakes as and, because they are my friends, I do tention to Congressman FRED UPTON, the traditional five Great Lakes. His not want to create problems for them. our Michigan colleague in the House, Even though we are the sixth largest role has also been critically important, for his important participation and lake in this country, we have agreed to as has the role of the other Great contributions which have helped us call Lake Champlain the cousin in- Lakes Senators who have been sup- reach this agreement. stead of a little brother to those larger portive of this amendment. Mr. President, I was extremely lakes in the Midwest. But we accom- There are many, many laws that des- pleased to be an original cosponsor of plish our goal of improving the ecologi- ignate the Great Lakes as the five tra- the Sea Grant College Program Act as cal health of our lakes. I think it is a ditional Great Lakes. Under the Great passed out of the Commerce Com- win-win solution that achieves our pur- Lakes Critical Programs Act, for in- mittee last year. This act is an impor- poses while skirting the symbolism. We stance, the Great Lakes have been de- tant piece of legislation which supplies can say, ‘‘Mission accomplished,’’ be- fined as the ‘‘five Great Lakes.’’ Under crucial funding for research into a host cause it means all our lakes will share the Great Lakes Water Quality Agree- of problems which challenge the health the benefits of this research about the ment of 1978, the traditional ‘‘five of the Great Lakes, such as zebra mus- common problems, like phosphorous Great Lakes’’ have been designated. sel infestation. runoff, zebra mussels, and mercury pol- And so forth throughout history, both Late last year, the Sea Grant College lution. It will help us avoid some of the legislative and geographic, the ‘‘five Program Act was amended to allow pollution pitfalls that have stricken Great Lakes’’ have been clearly identi- Vermont colleges and universities to other lakes. fied as those five Great Lakes that I apply to the Sea Grant programs in the In the meantime, it has been a mar- have just identified. hope of securing research grant dollars velous tourism ad for our beautiful I want to, again, state that this for the study of Lake Champlain. This lake. I have never seen so many pic- amendment may hopefully now resolve amendment was offered as part of a tures of Lake Champlain on television a controversy. We hope this will pass managers’ amendment which addressed ringed by the Adirondack Mountains of the House of Representatives. We be- a number of technical issues. Unfortu- New York and the Green Mountains of lieve it will. But this is not just a tem- nately, it did so in a manner totally Vermont. In fact, having watched some pest in a teapot for those of us who live unacceptable to the residents of the more pictures of it today, it makes me in the Great Lakes region. This is a Great Lakes, in that it named Lake all the more homesick. I can’t wait to matter of our very identity. The impor- Champlain a ‘‘Great Lake.’’ be back home this weekend. tance of these Great Lakes to us, to As my colleague from Michigan indi- I yield the floor with an invitation to our economy, to our ecology, to our en- cated, at least in our part of the coun- any of my friends from the Midwest, or vironment, and to our recreation is try, it is a very typical teaching device

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2462 CONGRESSIONAL RECORD — SENATE March 24, 1998 to have students memorize the names will yet allow Vermont colleges and Great Lakes and Lake Champlain. of the Great Lakes by using the acro- universities to apply to the Sea Grant Lake Champlain is not a Great Lake. nym HOMES, H-O-M-E-S. Program. There are only five Great Lakes— To add another letter to this acro- I am pleased that we could come to Michigan, Superior, Huron, Ontario, nym at this late date, Mr. President, an agreement with our colleague from and Erie. The Leahy-Abraham amend- would, in my judgment, not make Vermont. He is a tireless advocate for ment clearly reflects this traditional sense. And I cannot quite figure out his State. The Great Lakes and the St. understanding of the Great Lakes. what acronym it would be that would Lawrence River will benefit from his With passage of the Leahy-Abraham be sufficiently memorable for our energy and understanding and support amendment, there should be no doubt young people to use this as a study de- of the Sea Grant Program. And I look that the term ‘‘Great Lakes’’ in the vice. forward to working with him and the Sea Grant Act means only Michigan, Beyond that, we in Michigan pride Great Lakes delegation in the months Superior, Huron, Ontario, and Erie. ourselves in the fact that our State ahead to facilitate Sea Grant’s efforts Mr. ABRAHAM. I thank Senator bears, as its own self-proclaimed to preserve and protect the entire SNOWE for her comments on this point. motto, ‘‘The Great Lake State.’’ Obvi- Great Lakes system. Mr. LEAHY. Mr. President, I know ously, to the people in Michigan, it is Mr. President, before I yield the we are about to go into recess. I ask quite important that we remain a floor, I would also like to state for the unanimous consent to be able to con- State that is in contact with and con- record the names of a number of indi- tinue for 3 more minutes. nected to the Great Lakes. viduals who cosponsored my bill, which The PRESIDING OFFICER. Under For those reasons, among many oth- is now being incorporated into this the previous order, 12:30 was the time ers, great concern was registered, as amendment in the supplemental appro- to recess. Without objection, the Sen- has been previously noted by editorial priations bill, because I know that they ator may proceed. writers and educators, and others, wish to be associated with this effort Mr. LEAHY. I thank the Chair. about the way the legislation that was as we move to the finish line. So in ad- Mr. President, I ask unanimous con- passed with respect to Sea Grant col- dition to myself and Senators LEVIN sent to add as cosponsors to this leges might affect the Great Lakes des- and LEAHY, I ask unanimous consent to amendment Senators DEWINE, GLENN, ignation for other purposes. add on to that legislation as cosponsors KOHL, and GORTON. So, Mr. President, although this des- Senators SANTORUM, DEWINE, GLENN, The PRESIDING OFFICER. Without ignation only applied for purposes of COATS, GORTON, and GRAMS. objection, it is so ordered. the Sea Grant Program Act, it still The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, I thank created a serious perception problem. objection, it is so ordered. my two friends from Michigan for their The residents of the Great Lakes take Mr. ABRAHAM. Mr. President, I efforts on this. The distinguished Sen- great pride in the Lakes. In all the thank all the Senators for their help ator from Michigan, Mr. ABRAHAM, is world, there is no comparable system and their support of this legislation. on the floor now. We have spent hours of fresh water. Even for the limited Mr. President, I yield the floor. going back and forth. And we are good purposes outlined in this Sea Grant Mr. ABRAHAM. Mr. President, I friends. We talked about this a great Program Act, the designation of any would like to engage the chair of the deal, as we did with Senator LEVIN, lake as a Great Lake beyond the origi- Oceans and Fisheries Subcommittee, whose office is down the hall from nal five was simply unacceptable. So Senator SNOWE in a colloquy regarding mine. It seems we went back and forth this legislation introduced today her understanding of the amendment and discussed this over and over again, strikes any reference to Lake Cham- offered by Senator LEAHY and myself and the way to do it. plain as a Great Lake. on the Sea Grant College Program. The I commend them because they have Yet, Mr. President, it is clear that Commerce Committee and its Oceans made it very clear they do not want in something needs to be done to help and Fisheries Subcommittee have ju- any way to hurt the ecology of the en- Lake Champlain. While not a Great risdiction over the Sea Grant College vironment of Lake Champlain, which is Lake, it is nevertheless an important Program. a spectacular lake. They have tried to body of water that is part of the Great Ms. SNOWE. I would be pleased to find a way that they can retain their Lakes freshwater system. Outside the join the Senator from Michigan in a own identity, a well-deserved identity, obvious differences, Lake Champlain colloquy. and with a remarkable geographic situ- does share a host of similarities with Mr. ABRAHAM. The Leahy-Abraham ation with the five lakes. And I think its larger cousins and suffers from amendment, which is based on a bill we have ended up with a win-win situa- many of the same problems present in that I introduced, deletes the line in tion. the five Great Lakes. Zebra mussel in- the National Sea Grant College Pro- So, Mr. President, I thank them for festation is just one of the similarities. gram Act that says ‘‘the term ‘Great their help. It is one of the nice things Michiganians especially can under- Lakes’ includes Lake Champlain.’’ This about being in the Senate—when you stand and empathize with Vermont’s line was included in the recent reau- know each other, you can sometimes efforts to battle this invader. For this thorization of the act, and it has work out things that would be more reason, my colleagues and I have caused all of the recent concern on this difficult otherwise. Mr. President, I urge the adoption of agreed to language which will allow issue in the Great Lakes region. In lieu the amendment. colleges and universities in Vermont to of this language, the amendment lists The PRESIDING OFFICER. If there apply for a sea grant program in the Lake Champlain separately from the is no further debate, the question is on same manner that a school in a Great Great lakes in the list of water bodies agreeing to the amendment. for which Sea Grant projects can be un- Lakes State would apply. Without objection, the amendment is Specifically, this legislation also dertaken. It is therefore clear from the agreed to. makes clear that sea grant funds di- amendment that Lake Champlain is The amendment (No. 2098) was agreed rected to the study of Lake Champlain not designated a Great Lake under the to. are applicable to the Great Lakes sys- National Sea Grant College Program Mr. LEAHY. I move to reconsider the tem. Because funds directed to Act. Nevertheless, I do think it would vote. Vermont institutions for research on be useful to have the chairman of the Mr. ABRAHAM. I move to lay that Lake Champlain will also be applicable authorizing subcommittee with juris- motion on the table. to the Great Lakes, funding of sea diction over this issue state her under- The motion to lay on the table was grant research into Great Lakes prob- standing of the term ‘‘Great Lakes’’ in agreed to. lems will not be diminished. the act as it would be amended by our f So, Mr. President, I am pleased to amendment. have introduced this legislation earlier Ms. SNOWE. Mr. President, I would RECESS and to support this amendment now, be happy to comment on this issue. The PRESIDING OFFICER. Under which will reverse the designation of The Leahy-Abraham amendment the previous order, the Senate will now Lake Champlain as a Great Lake and makes a clear distinction between the stand in recess until 2:15 p.m.

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There being no objection, at 12:34 Budget authority Outlays propriated in this Act under the heading p.m. the Senate recessed until 2:15; ‘‘United States Quota, International Mone- Total ...... 803,026,000,000 832,433,000,000 whereupon, the Senate reassembled tary Fund’’ may be obligated, transferred or made available to the International Mone- ADJUSTMENTS when called to order by the Presiding tary Fund until 30 days after the Secretary Officer (Mr. COATS). Defense discretionary ...... Nondefense discretionary ...... +17,861,000,000 ...... of the Treasury certifies that the major Mr. STEVENS. Mr. President, I sug- Violent crime reduction fund ...... shareholders of the International Monetary gest the absence of a quorum. Mandatory ...... Fund, including the United States, Japan, The PRESIDING OFFICER. The Total ...... +17,861,000,000 ...... the Federal Republic of Germany, France, clerk will call the roll. Italy, the United Kingdom, and Canada have The legislative clerk proceeded to REVISED ALLOCATION publicly agreed to, and will seek to imple- Defense discretionary ...... 269,000,000,000 266,823,000,000 ment in the Fund, policies that provide con- call the roll. Nondefense discretionary ...... 270,075,000,000 283,293,000,000 ditions in stand-by agreements or other ar- C Violent crime reduction fund ...... 5,500,000,000 3,592,000,000 Mr. M CONNELL. Mr. President, I Mandatory ...... 277,312,000,000 278,725,000,000 rangements regarding the use of Fund re- ask unanimous consent that the order sources, requirements that the recipient Total ...... 821,887,000,000 832,433,000,000 for the quorum call be rescinded. country— The PRESIDING OFFICER. Without (1) liberalize restrictions on trade in goods Mr. MCCONNELL. Mr. President, it is objection, it is so ordered. and services and on investment, at a min- the desire of the chairman of the Ap- imum consistent with the terms of all inter- f propriations Committee that we pro- national trade obligations and agreements; SUPPLEMENTAL APPROPRIATIONS ceed with an amendment to the supple- and FOR NATURAL DISASTERS AND mental to add to the supplemental an (2) to eliminate the practice or policy of OVERSEAS PEACEKEEPING EF- agreement painfully worked out over government directed lending on non-commercial terms or provision of market dis- FORTS FOR FISCAL YEAR 1998 the last few weeks with regard to the IMF new arrangements for borrowing torting subsidies to favored industries, en- The Senate continued with the con- and quota increase. terprises, parties, or institutions. sideration of the bill. (b) Subsequent to the certification pro- AMENDMENT NO. 2100 vided in subsection (a), in conjunction with CHANGES TO THE BUDGET RESOLUTION AGGRE- (Purpose: To provide supplemental appro- the annual submission of the President’s GATES AND APPROPRIATIONS COMMITTEE AL- priations for the International Monetary budget, the Secretary of the Treasury shall LOCATION Fund for the fiscal year ending September report to the appropriate committees on the Mr. DOMENICI. Mr. President, sec- 30, 1998, and for other purposes) implementation and enforcement of the pro- tion 314(b)(3) of the Congressional Mr. MCCONNELL. Mr. President, I visions in subsection (a). Budget Act, as amended, requires the send an amendment on behalf of Sen- (c) The United States shall exert its influence with the Fund and its members to en- chairman of the Senate Budget Com- ator STEVENS, myself, Senator HAGEL, mittee to adjust the appropriate budg- courage the Fund to include as part of its and Senator GRAMM of Texas to the conditions of stand-by agreements or other etary aggregates and the allocation for desk. uses of the Fund’s resources that the recipi- the Appropriations Committee to re- The PRESIDING OFFICER. The ent country take action to remove discrimi- flect an amount of budget authority clerk will report. natory treatment between foreign and do- provided that is the dollar equivalent The legislative clerk read as follows: mestic creditors in its debt resolution proof the Special Drawing Rights with re- The Senator from Kentucky (Mr. MCCON- ceedings. The Secretary of the Treasury spect to: (1) an increase in the United NELL) for himself, Mr. STEVENS, Mr. HAGEL, shall report back to the Congress six months States quota as part of the Inter- and Mr. GRAMM, proposes an amendment after the enactment of this Act, and annu- numbered 2100. ally thereafter, on the progress in achieving national Monetary Fund Eleventh Gen- this requirement. eral Review of Quotas (United States Mr. MCCONNELL. Mr. President, I ask unanimous consent that reading of (d) Nothing in this section shall be con- Quota); and (2) any increase in the strued to create any private right of action maximum amount available to the Sec- the amendment be dispensed with. with respect to the enforcement of its terms. The PRESIDING OFFICER. Without retary of the Treasury pursuant to sec- SEC. . TRANSPARENCY AND OVERSIGHT.— objection, it is so ordered. tion 17 of the Bretton Woods Agree- (a) Not later than 30 days after enactment of The amendment is as follows: this Act, the Secretary of the Treasury shall ments Act, as amended from time to At the appropriate place, insert the fol- certify to the appropriate committees that time (New Arrangements to Borrow). lowing new title: the Board of Executive Directors of the I ask unanimous consent to have TITLE —INTERNATIONAL MONETARY International Monetary Fund has agreed to printed in the RECORD a revision to the FUND provide timely access by the Comptroller budget authority aggregates for fiscal That the following sums are appropriated, General to information and documents relat- year 1998 contained in section 101 of H. out of any money in the Treasury and other- ing to the Fund’s operations, program and Con. Res. 84. wise appropriated, for the International policy reviews and decisions regarding stand- There being no objection, the revi- Monetary Fund for the fiscal year ending by agreements and other uses of the Fund’s resources. sion was ordered to be printed in the September 30, 1998, and for other purposes, namely: (b) The Secretary of the Treasury shall di- RECORD, as follows: rect, and the U.S. Executive Director to the MULTILATERAL ECONOMIC ASSISTANCE International Monetary Fund shall agree Budget author- FUNDS APPROPRIATED TO THE PRESIDENT to— ity LOANS TO INTERNATIONAL MONETARY FUND (1) provide any documents or information NEW ARRANGEMENTS TO BORROW available to the Director that are requested Current aggregates ...... 1,387,577,000,000 by the Comptroller General; Adjustments ...... +17,861,000,000 For loans to the International Monetary Fund (Fund) under the New Arrangements to (2) request from the Fund any documents or material requested by the Comptroller Revised aggregates ...... 1,405,438,000,000 Borrow, the dollar equivalent of 2,462,000,000 Special Drawing Rights, to remain available General; and Mr. DOMENICI. Mr. President, I also until expended; in addition, up to the dollar (3) use all necessary means to ensure all possible access by the Comptroller General ask unanimous consent that revisions equivalent of 4,250,000,000 Special Drawing Rights previously appropriated by the Act of to the staff and operations of the Fund for to the 1998 Senate Appropriations Com- the purposes of conducting financial and pro- mittee allocation, pursuant to section November 30, 1983 (Public Law 98–181), and the Act of October 23, 1962 (Public Law 87– gram audits. 302 of the Congressional Budget Act, be 872), for the General Arrangements to Bor- (c) The Secretary of the Treasury, in con- printed in the RECORD, row, may also be used for the New Arrange- sultation with the Comptroller General and There being no objection, the revi- ments to Borrow. the U.S. Executive Director of the Fund, shall develop and implement a plan to obtain sions were ordered to be printed in the UNITED STATES QUOTA timely public access to information and doc- RECORD, as follows: For an increase in the United States quota uments relating to the Fund’s operations, in the International Monetary Fund, the dol- Budget authority Outlays programs and policy reviews and decisions lar equivalent of 10,622,500,000 Special Draw- regarding stand-by agreements and other CURRENT ALLOCATION ing Rights, to remain available until ex- uses of the Fund’s resources. Defense discretionary ...... 269,000,000,000 266,823,000,000 pended. (d) No later than July 1, 1998 and, not later Nondefense discretionary ...... 252,214,000,000 283,293,000,000 GENERAL PROVISIONS than March 1 of each year thereafter, the Violent crime reduction fund ...... 5,500,000,000 3,592,000,000 Mandatory ...... 277,312,000,000 278,725,000,000 SECTION . CONDITIONS FOR THE USE OF Secretary of the Treasury shall submit a re- QUOTA RESOURCES.—(a) None of the funds ap- port to the appropriate committees on the

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2464 CONGRESSIONAL RECORD — SENATE March 24, 1998 status of timely publication of Letters of In- the semiconductor, steel, automobile, or tex- for his considerable involvement in tent and Article IV consultation documents tile and apparel industries in any form; this discussion, which led to the final and the availability of information referred (2) The Fund has not guaranteed nor under- amendment that we have before us. to in (c). written the private loans of semiconductor, In addition, Senator BENNETT and SEC.. ADVISORY COMMISSION.—(a) The steel, automobile, or textile and apparel President shall establish an International manufacturers; and Senator FAIRCLOTH were also involved Financial Institution Advisory Commission (3) Officials from the Fund and the Depart- in these discussions, and, of course, the (hereafter ‘‘Commission’’). ment of the Treasury have monitored the usual and valuable contribution of the (b) The Commission shall include at least implementation of the provisions contained ranking member of the subcommittee, five former United States Secretaries of the in stabilization programs in effect after July Senator LEAHY. Treasury. 1, 1997, and all of the conditions have either I believe we have produced a tough (c) Within 180 days, the Commission shall been met, or the recipient government has but fair bill. This bill would change the report to the appropriate committees on the committed itself to fulfill all of these condi- future role and responsibilities, if any, of the way IMF does business. tions according to an explicit timetable for Let me offer some brief highlights of International Monetary Fund and the merit, completion; which timetable has been pro- costs and related implications of consolida- vided to and approved by the Fund and the the reforms which we have agreed tion of the organization, management, and Department of the Treasury. upon. This bill appropriates funds for activities of the International Monetary (b) Such certifications shall be made 14 the IMF’s emergency facility, the new Fund, the International Bank for Recon- days prior to the disbursement of any Fund arrangements to borrow without any struction and Development and the World resources to the borrower. restrictions, just as the Senate did, I Trade Organization. (c) The Secretary of the Treasury shall in- might add, in the last year, in fiscal SEC.. BRETTON WOODS CONFERENCE.—Not struct the United States Executive Director later than 180 days after the Commission re- year 1998. However, for the new sub- of the International Monetary Fund to use scription to the IMF, the U.S. funding ports to the appropriate committees, the the voice and vote of the Executive Director President shall call for a conference of rep- to oppose disbursement of further funds if of the $14.5 billion quota cannot be re- resentatives of the governments of the mem- such certification is not given. leased—I repeat, cannot be released— ber countries of the International Monetary (d) Such certifications shall continue to be unless the Secretary certifies that the Fund, the International Bank for Recon- made on an annual basis as long as Fund group of seven nations have publicly struction and Development and the World contributions continue to be outstanding to committed and are working toward Trade Organization to consider the struc- the borrower country. changing the IMF’s lending policies. ture, management and activities of the insti- SEC.. DEFINITIONS.—For the purposes of The conditions which we expect to tutions, their possible merger and their ca- this Act, ‘‘appropriate committees’’ includes see included in future loans tackled the pacity to contribute to exchange rate sta- the Appropriations Committee, the Com- bility and economic growth and to respond mittee on Foreign Relations, Committee on systemic problems which caused the effectively to financial crises. Finance and the Committee on Banking, Asian crisis. The bill sets out the two SEC.. REPORTS.—(a) Following the exten- Housing and Urban Affairs of the Senate and conditions for future IMF agreements. sion of a stand-by agreement or other uses of the Committee on Appropriations and the First, borrowers will have to comply the resources by the International Monetary Committee on Banking and Financial Serv- with their international trade obliga- Fund, the Secretary of the Treasury, in con- ices in the House of Representatives. tions and liberalize trade restrictions. sultation with the U.S. Executive Director of This title may be cited as the ‘‘1998 Supple- Monopolies, protected tariffs for family the Fund, shall submit a report to the appro- mental Appropriations Act for the Inter- or friendly enterprises, and off-budget priate committees providing the following national Monetary Fund’’. information— accounts each have contributed to fi- (1) the borrower’s rules and regulations Mr. MCCONNELL. Mr. President, I nancial weaknesses and collapse in dealing with capitalization ratios, reserves, will not propose a time agreement at Asia. This legislation will ensure that deposit insurance system and initiatives to this point. Rather, let me say with re- the IMF meets those problems head on improve transparency of information on the gard to the amendment that after a before sinking funds into a troubled financial institutions and banks which may great deal of work with my colleagues, economy. benefit from the use of the Fund’s resources; Senator STEVENS and Senator HAGEL, Just as important, the bill attacks (2) the burden shared by private sector in- who spent an endless amount of time vestors and creditors, including commercial phony capitalism. Economies in trou- on this—and Senator ROBERTS, as well, banks in the Group of Seven Nations, in the ble are often economies which have ex- losses which have prompted the use of the was heavily involved in it; Senator perienced chronic government manipu- Fund’s resources; GRAMM also spent a great amount of lation and intervention where min- (3) the Fund’s strategy, plan and timetable time on this; Senator CRAIG of Idaho is istries subsidize favored individuals or for completing the borrower’s pay back of on the floor and spent hours on this enterprises. As a matter of routine, the Fund’s resources including a date by proposition— this bill expects market-distorting sub- which he borrower will be free from all inter- Mr. CRAIG. Mr. President, will the sidies and government-directed lending national institutional debt obligation; and Senator yield? (4) the status of efforts to upgrade the bor- to good friends rather than good busi- rower’s national standards to meet the Basle Mr. MCCONNELL. Yes. ness partners to come to an end. Committee’s Core Principles for Effective Mr. CRAIG. Let me ask an instruc- In addition to setting new conditions Banking Supervision. tive question, if I might, Mr. President. for IMF lending, we have improved ac- (b) Following the extension of a stand-by On page 8 of the amendment, line 13, countability and transparency in fund agreement or other use of the Fund’s re- you will find the word ‘‘direct.’’ If the operations. Senator HELMS was deeply sources, the Secretary of the Treasury shall chairman has no difficulty with the re- concerned about the General Account- report to the appropriate committees in con- moval of that word, I ask unanimous ing Office having access to the IMF de- junction with the annual submission of the consent that it be stricken from the President’s budget, an account of the direct cisionmaking process. I believe we and indirect institutional recipients of such amendment. have not only addressed this issue, but resources: Provided, That this account shall Mr. MCCONNELL. It is my under- have also taken a step in the right di- include the institutions or banks indirectly standing that the Senator from Idaho rection in terms of expanding public supported by the Fund through resources would like to delete the word ‘‘direct.’’ access and involvement. made available by the borrower’s Central Mr. CRAIG. That is correct; to read, Public access is a problem that Sen- Bank. ‘‘have resulted in support to.’’ ator LEAHY has drawn attention to for (c) Not later than 30 days after the enact- The PRESIDING OFFICER. The Sen- some years, so I especially appreciate ment of this Act, the Secretary shall submit ator has the right to modify his amend- a report to the appropriate committees of his help in moving this bill in the right Congress providing the information re- ment. direction on that issue. As I pointed quested in paragraphs (a) and (b) for the Mr. MCCONNELL. Mr. President, I out in markup back in committee, countries of South Korea, Indonesia, Thai- therefore modify the amendment. Treasury only produces reforms and re- land and the Philippines. The modification to amendment (No. sults when Congress requires action in SEC.. CERTIFICATIONS.—(a) The Secretary 2100) is as follows: law. While Treasury and the adminis- of the Treasury shall certify to the appro- On page 8, line 13, strike the word ‘‘direct’’. priate committees that the following condi- tration would have preferred a blank tions have been met— Mr. CRAIG. I thank the chairman. check, that would have been both un- (1) No International Monetary Fund re- Mr. MCCONNELL. I thank the Sen- wise as well as unachievable. It was not sources have resulted in direct support to ator from Idaho and thank him as well possible to fund the NAB and Quota

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2465 now and hope for reforms down the they look for those investments and floor, I suggest the absence of a road. Not one of my colleagues was opportunities in stable, secure areas, quorum. willing to support $18 billion with no can do so with some confidence that all The PRESIDING OFFICER. The strings attached at all. nations of the world are interconnected clerk will call the roll. While the crisis in the Pacific has and have some global responsibility for The legislative clerk proceeded to created a sense of alarm and generated those markets. call the roll. an urgency to passing this bill, I hope I might also add to something the Mr. MCCONNELL. Mr. President, I everyone understands that not one distinguished Senator MCCONNELL from ask unanimous consent that the order dime—not one dime of this money is Kentucky mentioned. This is not for- for the quorum call be rescinded. planned for Asia. These funds are being eign aid. There is some confusion about The PRESIDING OFFICER. Without appropriated to take care of some un- that when it is portrayed as a bailout objection, it is so ordered. known country at some unknown time to big bankers and big investors who Mr. MCCONNELL. Mr. President, I for unknown purposes. After today, care little about jeopardizing their own have been around here long enough however, what we will know is that interests, thinking that there is some where I should have realized a quorum IMF lending practices will, in fact, im- safety net of taxpayers’ dollars under call was counting against the 20 min- prove. We will know that U.S. re- them. This is not a foreign aid bill. utes. So I think what I will do is ask sources will not be wasted on corrupt This is a process where for 50 years the unanimous consent that there be 20 governments. We will know we are not United States has been essentially on a minutes on this amendment beyond the going to subsidize unfair trading prac- credit/demand process loaning money current time, equally divided. tices. In sum, we will know we have into the International Monetary Fund. The PRESIDING OFFICER. Is there permanently and substantially changed We are repaid for those loans, and we objection? Without objection, it is so the way IMF does business. are repaid with interest for those ordered. Mr. President, that completes my loans. We can get our money out of the Mr. MCCONNELL. Mr. President, the statement. I am going to yield the IMF at any moment. The IMF moneys distinguished Senator from North floor here momentarily. I see my good and accounts are backed up by gold re- Carolina, an enthusiastic supporter of friend from Nebraska, Senator HAGEL, serves. The United States has never the compromise that we have worked here. No one has spent more time on lost one dollar on any loan it has made out—just joking, Mr. President. I am this complex question than the distin- to the IMF. As a matter of fact, it unaware of any opponents of the com- guished Senator from Nebraska. He has should be pointed out the United promise, other than the distinguished brought to this his usual intellect and States, in fact, in 1978, took advantage Senator from North Carolina. So I energy and has been a very important of the IMF. think it would be appropriate to yield part of working all this out in a way So it is my opinion, and I think the him some of the time against the that I believe is going to improve the opinion of many of my colleagues, that amendment. way IMF does business in the future. the IMF can play an important role in The PRESIDING OFFICER. The Sen- So with that I yield the floor. the world. It should not be the banker ator from North Carolina. The PRESIDING OFFICER. The Sen- for everyone. It should not be the safe- Mr. FAIRCLOTH. Thank you, Mr. ator from Nebraska. ty net for every investor, no. But, in a President, and I thank Senator MCCON- Mr. HAGEL. Mr. President, I thank world that is interconnected—and NELL. my friend and distinguished colleague, when markets in Asia go down that I do not support the IMF compromise the chairman of the appropriations backs up to every market in America; because I think it is incredibly weak. I subcommittee that is handling this that we are connected—the IMF insti- did not support IMF funding out of the piece of legislation. I am grateful. tute, and that kind of institution, is committee, and I think it is absolutely I might add, Mr. President, there important as we trade and become sinful to support $14 billion more to go were many people who worked hard, more globally linked. to the IMF. It is everything but an and some even diligently, on this to get So I am pleased that I have had an emergency. It probably isn’t even need- an achievable reform package that opportunity, along with many of my ed. In fact, Federal Reserve Chairman really would do what the chairman colleagues who were mentioned by Sen- Greenspan said there was just the re- from Kentucky has pointed out it ator MCCONNELL, to have played a mote possibility of it ever being need- would accomplish. There is not one small role in this. I encourage my col- ed. The IMF is the problem; it is not among us in this body who did not leagues to support what has been done the cure. Once people realize that, I want real reform, nor understand that here today and what has been agreed think they will be in less of a hurry to real reform was required within the upon and the language that is in this give them $90 billion. IMF structure. That was accomplished. amendment. Further, this has no possibility of I am proud of what we have done here Mr. President, I yield the floor. ending our international economic and how we have done it. I am proud of The PRESIDING OFFICER. The Sen- problems. There will be other bailouts. the product. ator from Kentucky. The IMF has created a safety net for Beyond that, I think it is important Mr. MCCONNELL. Mr. President, international lenders. We have put to- to recognize that today we live in a once again I thank the distinguished gether a corporate welfare project, the global community, anchored by a glob- Senator from Nebraska. I am told that likes of which we have never in this al economy. Certainly all the markets the other side has cleared, now, a time world seen. We have privatized the of the world are important to the agreement on this amendment. profit, and we have socialized the United States. Not just farmers and So I ask unanimous consent there be losses. We are asking today for $18 bil- ranchers and small businesspeople, but a 20-minute time agreement on this lion for Asia. Well, it sounds fine. Why every person in America is affected amendment. don’t we go ahead and ask for $40 bil- when markets go down and when cur- The PRESIDING OFFICER. Is there lion so we can be ready for Russia in 6 rencies are devalued. Not that the objection to the request? Without ob- months? We might as well have it in United States should rescue or has the jection, it is so ordered. reserve. obligation or responsibility to rescue Mr. MCCONNELL. Mr. President, I We do not want to do anything that every economy, but we must lead be- ask for the yeas and nays. would inconvenience Mr. Camdessus, cause it is relevant, it is in our best in- The PRESIDING OFFICER. Is there a who flies around the country in leased terests, our national interest. sufficient second? There is a sufficient jets with 2,000 economists—2,000. On We know that markets respond to second. October 25, 1997, his 2,000 economists confidence. What we are doing here is The yeas and nays were ordered. said that South Korea was an excellent projecting the leadership that America Mr. MCCONNELL. Mr. President, I country in superb financial shape, a must project in a global economy and am not prepared to speak any further. banking system to really be emulated with that is attached a certain amount I don’t know whether the Senator from by the rest of the world, a governance of confidence. Investors and others Nebraska would like to speak further of a country you couldn’t improve around the globe, regardless where or not. Therefore, seeing no one on the upon. And before the ink dried on the

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2466 CONGRESSIONAL RECORD — SENATE March 24, 1998 report, the whole thing was in chaos. If affect every other nation as we move which employs more than 10,000 people. he had had 3,000, he might have done closer to a global economy. I encourage From their perspective, a United better. the support of my colleagues for this States-backed IMF loan to South We have said three things had to be very important amendment. Korea that does not put an end to some done before they could get the money: I thank you very much, Mr. Presi- of South Korea’s unsound and unfair They had to comply with inter- dent, and I yield the floor. economic practices would mean they national trade agreements that the Mr. MCCONNELL. I yield 4 minutes would pay taxes to bail out foreign countries have already signed. One to the distinguished Senator from competitors who have engaged in busi- thing. Idaho. ness practices designed to undermine Two, ensure no crony capitalism; The PRESIDING OFFICER. The Sen- the U.S. semiconductor industry gen- Three, ensure that foreign borrowers, ator from Idaho is recognized. erally, and Micron specifically. Amer- i.e., U.S. borrowers, were not going to Mr. KEMPTHORNE. Mr. President, ican Microsystems, Incorporated, also be discriminated against. thank you very much. in Idaho, would suffer from IMF loans How tough would it be for each coun- As we debate the issue of increasing that could be used to support their for- try to comply with those rules before the American share in reserve funds of they get an IMF loan? Obviously, way eign competitors. the International Monetary Fund, I So as we consider this funding in- too tough because we have now weak- think we should first consider the fol- crease for the IMF, we have a unique ened the language. The new language lowing two questions: Would it make opportunity to place some reforms on says that G–7 countries will require a sense for U.S. companies and employ- the IMF which would prevent loans public commitment. Will somebody tell ees to pay taxes to bail out foreign such as the one granted to South Korea me what requiring a public commit- competitors of American business? from threatening American businesses ment means? If it gets weaker than Should Americans pay taxes to bail out in the future. that, it couldn’t run off the table. foreign countries that have engaged in The supplemental appropriations bill Anybody who votes for this amend- unfair business practices that pre- ment is voting for corporate welfare of that was passed by the Appropriations viously made it difficult for American Committee requires the Secretary of the highest order; we are voting for companies to sell their goods at home international banking welfare of the the Treasury to certify that IMF bor- and abroad? rowers have to end government lending highest order; we are saying to any The resounding answer to these ques- lending institution anywhere in the and subsidies to businesses, as well as tions is no. These would, however, be comply with all international trade ob- world, ‘‘Lend anybody anything, 20 per- the precise ramifications were Con- cent, 30 percent, whatever rate you can ligations they have made. gress to approve IMF funding legisla- In addition, the Secretary of the get, and the American taxpayer will tion that does not require all countries Treasury would be required to certify bail you out.’’ That is simply what we who receive IMF loans to engage in that no IMF resources have resulted in are doing here. It is the ultimate in bad just and fair business practices that do supporting the borrower country’s business, it is the ultimate in foolish- not threaten the American companies semiconductor, steel, automobile, or ness, but we are determined to do it. I whose very tax dollars make these IMF textile and apparel industries, and that intend to vote against it. contributions possible. Thank you, Mr. President. I yield both the IMF and the Treasury Depart- I would like to touch on the recent ment will strictly monitor these condi- back my time. IMF loan to South Korea, which I be- Mr. MCCONNELL addressed the tions. lieve is a compelling example for why Chair. These are good steps toward ensuring The PRESIDING OFFICER. The Sen- the IMF must be reformed. that IMF money, which is backed ator from Kentucky. By many accounts, South Korea’s largely by the American taxpayer, will Mr. MCCONNELL. I yield 3 minutes economic crisis stems in large part not in the future be used to undermine to the distinguished Senator from Min- from the government’s practice of ex- the American businesses and workers nesota. tending favorable loans to industrial who generate this revenue. The PRESIDING OFFICER. The Sen- conglomerations to rapidly expand in Mr. President, that concludes my ator from Minnesota. export-oriented sectors. When world statement. I want to thank the Sen- Mr. GRAMS. Thank you very much, markets could not absorb the resulting ators from Alaska and Kentucky and Mr. President. I thank the Senator excess production capacity in these in- Nebraska for their leadership on this from Kentucky. dustries, the prices for South Korea’s issue. I rise to briefly state my strong sup- major export products declined, which Mr. MCCONNELL. I say thank you to port for the $3.5 billion in NAB, the in turn threatened South Korea’s abil- the Senator from Idaho. new arrangements to borrow, and also ity to repay these loans. The PRESIDING OFFICER. The time the additional $14.5 billion in replenish- Such government-directed subsidiza- allocated to the Senator from Ken- ment. The conditions attached to this tion for expansion can be seen in the tucky has expired. amendment, I believe, are a good com- 350 percent debt-to-equity ratio of the Mr. MCCONNELL. Mr. President, I promise based on the Hagel-Gramm- three major South Korean semicon- ask unanimous consent that the distin- Roberts bill that was introduced last ductor manufacturers, nearly 10 times guished Senator from Idaho have 2 week, which will make the IMF, I be- the U.S. average. This practice of the minutes to address the Senate. lieve, work better in the future than it government subsidizing rapid indus- The PRESIDING OFFICER. Is there has worked up to now. It is my hope trial expansion in overcrowded indus- objection? Without objection, it is so there can be further improvements also trial sectors has threatened American ordered. in conference. industry. It has allowed South Korea Mr. CRAIG. Mr. President, I thank I thank the majority leader Senator to sell its products below market costs, Senator MCCONNELL and Senator LOTT for his strong leadership and sup- jeopardizing American competitors, HAGEL for the work they have done on port and also the hard work that Sen- who operate in a free-market economic reform issues tied with this most crit- ator HAGEL and Senator ROBERTS, also structure. ical IMF funding. I must tell you that Senator MCCONNELL and Senator Phil South Korean dumping has been well at the outset I was not a champion of GRAMM, Senator MACK of Florida and documented and has resulted in several the idea that we bail out anybody—and also Senator CRAIG, among others, who antidumping rulings against the coun- I am still not. But clearly what we have worked very hard to reach this try’s semiconductor conglomerations. have done here is say to the IMF and to compromise over the last few days. I The results of these practices have nations who would benefit from their really believe the IMF is too important been devastating for domestic semicon- loans that there needs to be the estab- at this time not to replenish, not to ductor producers, including those in lishment of some clear-cut rules that continue to show strong American Idaho. Take, for example, Micron Tech- impact loaning policies and the econ- leadership in this area. nology, America’s largest producer of omy of those countries. The financial crisis of other nations dynamic random access memory com- My colleague from Idaho has just can no longer exist in a vacuum. They puter chips headquartered in Idaho, spoken to an issue that I think so

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2467 clearly demonstrates why we need to tionship with us, which I think bodes and we will have a significant reserve do what we need to do. Senator KEMP- well for the future. for the future. THORNE and I, for the last several Did the Senator from New Mexico Mr. President, I support the pending years, have worked in my State with a wish to say something? Time has ex- amendment to the supplemental appro- company that has fought over- pired. priations bill, authorizing and pro- whelming odds. They fought a major Mr. DOMENICI. Could I speak for 2 viding appropriations to the Inter- government of a growing economic minutes? One minute? national Monetary Fund. power —the Korean Government—and Mr. STEVENS. Does the Senator Primarily, it is the depletion of funds a major industry in Korea. Why? Be- from North Carolina seek time? at the IMF that has brought the ur- cause of a very cozy relationship be- Mr. HELMS. A couple minutes. gency of this matter to our attention. tween this industry and its government Mr. STEVENS. I yield back all of the There are two funding issues before the to build an extremely large and exces- time for the opposition, but ask unani- Congress in the supplemental request: sive capacity to dominate a world mar- mous consent to convert 4 minutes—2 a $3.5 billion appropriation to the ket and, therefore, substantially under- minutes for the Senator from New IMF’s emergency reserve—the New Ar- bid in the market the efficiencies of Mexico and 2 minutes for the Senator rangements to Borrow, and the peri- this company that was leading the from North Carolina. And that would odic appropriation for the US quota world in technology and productivity. be the end of the time on this amend- subscription, the regular pool of money We should not allow this nor should we ment. at the IMF, equal to $14.5 billion. allow the taxpayers of this country to The PRESIDING OFFICER (Mr. The Budget Committee in February held a meeting with the Managing Di- be a part in this bailing out. KEMPTHORNE). Without objection, it is Well, we are no longer doing that. We so ordered. rector of the International Monetary are making a major move to create The Senator from New Mexico is rec- Fund, Mr. Michel Camdessus to engage transparency in the relationships that ognized. us in a frank discussion about the IMF. governments and their banking institu- Mr. DOMENICI. Mr. President, I What I learned then I hope to share with many members inclined to vote tions and private industry in those thank the distinguished chairman for against the IMF funding today. countries have. That is what will finding 2 minutes for me. There are so many Senators who I know that many Members are very strengthen the Asian economy. That is suspicious of foreign aid—but let me what will disallow the kind of Asian flu worked on this to get this amendment done with the appropriate reforms that explain today why this is not foreign that currently exists, when we can aid and why the Senate should do ev- work on equal footing, when all are will stand the test of international participation and yet be something that erything possible to fund the IMF. treated relatively equal in a growing First, last Thursday we received the global economy. will be accommodating. I do not want to mention names, except I want to most current economic data and it That is what strengthens what the shows the effects of the ongoing Asian mention one freshman Senator—CHUCK Senate is doing today. And clearly, the financial crisis. January’s US trade HAGEL. I say to Senator HAGEL, it has amendments that Senator MCCONNELL deficit surged to $12.0 billion, its high- been a pleasure working with you on and Senator HAGEL and others have est level since 1987. This was led by a this. And I compliment you for your worked on will do just that in bringing near doubling of our deficit with Asian leadership. about reforms. The United States must countries excluding Japan and China. have a major voice in this issue. Mr. President, fellow Senators, there This is a direct result of the Asian fi- The IMF and our support of it can, in will be some Senators who disagree nancial crisis—which has cut demand fact, be that voice to bring about uni- with this statement, but I think the in Asia for U.S. exports. Because of the formity around the world for all citi- final test of how you ought to vote in cheaper Asian currencies against the zens of the world, and certainly the the Senate is whether the measure be- dollar, now Asian imports are much citizens of our country, the banking in- fore you is the right thing to do. I do cheaper and much more competitive in stitutions of our country, but most im- not think there is any question that, the United States. portantly, the private industry of our looking at our country and how we Second, the Asian crisis has con- country which without Government might suffer, if the countries that are vinced many of our top technology support and without Government sub- in trouble in Asia do not have an op- companies to warn of lower profits, in- sidy must compete in a world market portunity consistent with reasonable cluding IBM, Compaq, Intel, Motorola, where that subsidy and support exists. reforms to get their economies back as as well as many smaller companies. So I thank my colleagues for working soon as possible, we are going to suffer. In my state of New Mexico, the result jointly together to accomplish what I I am already suggesting that inland has been announcements by Philips think these amendments, included with States, like New Mexico, are suffering and Motorola that they will furlough the IMF funding, will accomplish. immensely by way of layoffs in the or lay off hundreds of employees. The PRESIDING OFFICER. Who computer chip business because of the Mr. President, let me explain the yields time? slowdown in that market. problem facing the IMF and why the Mr. MCCONNELL. I thank the distin- Now, I do not know that we are Senate must act and act quickly. guished Senator from Idaho for his im- smart enough to know how to fix ev- Presently the IMF has uncommitted portant contribution to this com- erything that went wrong there, but resources to lend a further $10 to $15 promise. the amendments and this extension billion to its members before its liquid- I say to my chairman, I thought Sen- will, indeed, give the international ity is reduced to historically low lev- ator ROBERTS was going to come over. community an opportunity to see if els. He also was interested in this issue and they cannot get vital reforms and The lowest ratio ever allowed at the has been significantly involved in it. make this International Monetary IMF by its members was 33%. Histori- But I do not see Senator ROBERTS yet. Fund functional and operative as those cally a comfortable level was 120–140%, Mr. STEVENS. I do commend Sen- countries in that part of the world at- but after the Mexico and Russian ator MCCONNELL, as chairman of the tempt to put their banking system and loans, liquidity fell to 88%. Presently subcommittee, and Senators HAGEL, their monetary policy back on sound the liquidity ratio is 47%. To lower to- ROBERTS, KEMPTHORNE, CRAIG, Senator ground. day’s ratio to 33% would require only GRAMS of Minnesota, Senator Phil Ultimately, it will never cost Amer- $10–15 billion in possible loans to coun- GRAMM of Texas, and my good friend ica anything. I do not believe it is tries in crisis. from New Mexico also on this matter. I going to cost us anything but reserves Mr. President, the 182-members of think it has brought about a better un- behind these loans. And participatory the IMF decided last year before the derstanding of what we are doing. I arrangements are adequate to cover Asian crisis that the reserves of the must also say that the Secretary of any obligation that will be forth- IMF were too low. That was before Treasury, Mr. Rubin, has been working coming. But we need a significant re- they lent $20 billion to Korea, $10 bil- with us and helping to iron out this serve. This amendment will let the lion to Thailand, and $5 billion to Indo- problem. He has had a working rela- other countries come in with their part nesia.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2468 CONGRESSIONAL RECORD — SENATE March 24, 1998 Mr. President, let me be clear about lars spent at any international organi- The PRESIDING OFFICER. The Sen- one fact—If the US chooses not to fund zation. ator from North Carolina is recognized our share of the increase, there will be Mr. President, as more and more evi- for 2 minutes. no increases from the other 181 mem- dence becomes stronger on the long- Mr. HELMS. Mr. President, thank bers of the IMF. 85% of current mem- term benefits of free trade, it is surely you for recognizing me. bers must increase their quotas for it time that the IMF does more to pro- I think at this point it would be ap- to be implemented, and since the US mote it. In Senator HAGEL, he specifi- propriate to insert in the RECORD—and holds over 17%, no US participation cally addresses this as a condition of in a moment I shall ask that it be would guarantee no world participation the IMF funding. done—a piece written jointly for the in the increased funding. Immediately the WTO Financial Wall Street Journal by three distin- This would mean that any more cri- Services Agreement comes to mind— guished people, all of whom are friends ses in Asia or other emerging markets, what better way for many of the Asian of most of us: First, Bill Simon, who could see the IMF run seriously short countries to introduce needed competi- was Secretary of the Treasury, and of cash. And that is a risk neither tion to their banking industries than George Shultz, who was Secretary of America nor the US Senate should by signing on to the WTO Financial State; and Walter Wriston, who was take. Services Agreement. The WTO and the former chairman of City Bank. While the IMF was created in 1944 IMF should be working more closely Now, I will make no comment except originally to support global trade and together to achieve the same goals— that I share the views of my distin- economic growth by helping maintain economic growth through free trade. guished colleague from North Carolina. stability in the international monetary Mr. President, while many US Sen- I ask unanimous consent that the system, as the monetary system has ators today may debate whether or not aforementioned article published in the evolved, so has the IMF’s duties. we should even have an IMF, a time of Wall Street Journal be printed in the With the Mexican peso crisis in 1995 crisis such as today in Asia is not the RECORD. and the current Asian financial crisis, appropriate time for the US to effec- There being no objection, the mate- this new IMF has become more appar- tively gut the IMF. rial was ordered to be printed in the ent to all of us. Regarding the budgetary treatment RECORD, as follows: While the exact economic causes of of the IMF, the way we count the IMF [From the Wall Street Journal, Feb. 3, 1998] the Mexico crisis are quite different contributions is a little unusual. Since WHO NEEDS THE IMF? from Asia, Mexico and Asia have one 1967, the budget has treated contribu- (By George P. Shultz, William E. Simon, and striking similarity. They represent a tions to the IMF as budget authority Walter B. Wriston) major structural change in inter- only; contributions to the IMF do not President Clinton and the International national capital markets that has oc- affect outlays or the budget deficit, or Monetary Fund have shifted into overdrive curred over the past decade—the in- surplus. Only since 1980 has the Con- in their effort to save the economies of Indo- creasing capital flows into and out of gress required an appropriation. nesia, the Philippines, South Korea and emerging economies. Capital flows into Last year’s Balanced Budget Agree- Thailand—or, to be more accurate, to save emerging markets rose from $25 billion ment specifically addresses the IMF the pocketbooks of international investors in 1986 to $235 billion in 1996. funding until fiscal year 2002 and effec- who could face a tide of defaults if these markets are not now shored up. But this Given the potentially destabilizing tively allows legislation that provides must be the last time that the IMF acts in role of investor confidence especially an increase in U.S. contributions to the this capacity. If it is not, further bailouts, when directing capital flows, we must IMF to not be required to offset the unprecedented in scope, will follow. There- ask —what is the role for domestic gov- budget authority. Section 314 provides fore, Congress should allocate no further ernment policy or the IMF in address- a procedure to adjust the discretionary funds to the IMF. ing instability? spending caps and budget totals. It is the IMF’s promise of massive inter- Mr. President, the Asian financial Some in Congress have argued that vention that has spurred a global melt-down crisis has also raised an important pol- the IMF is putting the US taxpayer at of financial markets. When such hysteria sweeps world markets, it becomes more dif- icy question for the IMF—whether the risk similar to the US savings and loan ficult to do what should have been done ear- Fund’s willingness to lend in a crisis crisis in the 1980s. There is one stark lier—namely, to let the private parties most contributes to ‘‘moral hazard’’—the difference: savings and loan institu- involved share the pain and resolve their dif- tendency for countries or investors to tions held a US government guarantee. ficulties, perhaps with the help of a modest behave recklessly while expecting the With the IMF, there is no US guar- program of public financial support and pol- IMF will likely bail them out in an antee in times of default. And even icy guidance. With the IMF standing in the emergency. most economists agree that the pros- background ready to bail them out, the par- There is no consensus on what role pects of an IMF default are negligible. ties at interest had little incentive to take these painful, though necessary, steps. private financiers play in such crises No country has ever defaulted on its and how they should bear the con- IMF loans, arrears on IMF loans are LARGEST BAILOUT EVER sequences of their actions. The IMF modest, and gold and currency reserves The $118 billion Asian bailout, which may and the US still need to figure out how substantially exceed any foreseeable rise to as much as $160 billion, is by far the largest ever undertaken by the IMF. A dis- to safeguard a financial system with- losses in the event of a liquidation. tant second was the 1995 Mexican bailout, out bailing out investors who are The IMF has not cost the US Treas- which involved some $30 billion in loans, guilty of making bad decisions. ury the loss of any federal resources mostly from the IMF and the U.S. Treasury. Mr. President, I believe most Sen- over the years. The IMF’s defenders often tout the Mexican ators can agree on one factor: the IMF In a democracy such as ours, the de- bailout as a success because the Mexican is too secretive in its operations and bate over replenishing the IMF’s re- government repaid the loans on schedule. escapes accountability and public deserves is the perfect time to debate But the Mexican people suffered a massive bate. what role the IMF should play in the decline in their standard of living as a result of that crisis. As is typical when the IMF in- The bill as written by Senator HAGEL global capital market and its account- tervenes, the governments and the lenders would address this concern by requir- ability to member nations. This is no were rescued, but not the people. ing greater transparency by the IMF in different than the examination we give The promise of an IMF bailout insulates its lending practices, its strategies to our domestic programs to decide if financiers and politicians from the con- with respect to borrowing countries, they are still relevant in today’s world. sequences of bad economic and financial economic data collection, and its own Mr. President, today’s financial practices, and encourages investments that accounting and financial information. world is an uncertain one—but the IMF would not otherwise have been made. Recall Demands for greater transparency at has been a key component to the sta- how the Asian crisis came about. Asia’s the IMF are forthright and appropriate ‘‘tiger’’ economies were performing well, bility the United States has enjoyed with strong growth, moderate price infla- as we consider the supplemental re- over the last few years and also a key tion, fiscal discipline and high rates of sav- quest, and given the IMF’s extreme se- proponent of many US economic poli- ing. But these countries encountered a cur- crecy, this is an important condition cies around the world. rency crisis because their governments at- we should insist upon for any US dol- Mr. President, I yield the floor. tempted to maintain an exchange rate

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pegged to the U.S. dollar, while conducting bad economic policies on them but because AMENDMENT NO. 2101 monetary policies that diverged from that of they have imposed these policies on them- (Purpose: To expedite consideration of slot the U.S. Capital inflows covered up this dis- selves. The issue is not whether the IMF can exemption requests) parity for a time. But when the Thai cur- move from country to country dispensing fi- Mr. STEVENS. Mr. President, I send rency wobbled on rumors of exchange con- nancial and economic medicine. The issue is an amendment to the desk on behalf of trols and devaluation, the currency markets whether the governments in these countries quickly swept aside increasingly unrealistic have the political will to fix problems of Senator FRIST and Senator BYRD. currency values. their own making. The PRESIDING OFFICER. The This led quickly to a solvency crisis. It be- What should we do about the problem? We clerk will report. came difficult, if not impossible, to repay certainly shouldn’t follow the advice of The assistant legislative clerk read loans made in foreign currency on time. The George Soros, a well known figure in the as follows: devaluations shrank the values of local as- international currency markets, who has The Senator from Alaska [Mr. STEVENS], sets, which were often the product of specu- called for the creation of a new International for Mr. FRIST, for himself and Mr. BYRD, pro- lative excesses, unwise ventures directed by Credit Insurance Corporation to be under- poses an amendment numbered 2101. government, and crony capitalism. The pri- written by taxpayers of the member coun- vate lenders and borrowers involved were in Mr. STEVENS. Mr. President, I ask tries. The new institution, which would oper- unanimous consent that reading of the deep trouble. They were, and are, more than ate in tandem with the IMF, would guar- ready for money from the IMF. antee international loans up to a point amendment be dispensed with. The world financial system has changed deemed safe by the bureaucrats running the The PRESIDING OFFICER. Without fundamentally since 1946, when the Bretton organization. ‘‘The private sector is ill-suit- objection, it is so ordered. Woods agreement was approved. The gold ed to allocate international credit,’’ Mr. The amendment is as follows: standard has been replaced by the informa- Soros writes in the Financial Times. ‘‘It pro- At the appropriate place, insert the fol- tion standard, an iron discipline that no gov- vides either too little or too much. It does lowing: ernment can evade. Foreign exchange rates not have the information with which to form SEC. . EXEMPTION AUTHORITY FOR AIR SERV- are now set by tens of thousands of traders a balanced judgment.’’ ICE TO SLOT-CONTROLLED AIR- at computer terminals around the globe. PORTS. APPALLING COMMENT Their judgments about monetary and eco- (a) IN GENERAL.—Section 41714(i) of title 49, nomic policies are instantly translated in When will we ever learn? This appalling United States Code, is amended by— the cross rates of currencies. comment is exactly the opposite of the (1) striking ‘‘CERTAIN’’ in the caption; No country can hide from the new global truth. The protected markets, not the open (2) striking ‘‘120’’ and inserting ‘‘90’’; and information standard—but the IMF can lull ones, are in trouble. Only the market, with (3) striking ‘‘(a)(2) to improve air service nations into complacency by acting as the its millions of interested participants, is ca- between a nonhub airport (as defined in sec- self-appointed lender of last resort, a func- pable of generating the information needed tion 41731(a)(4)) and a high density airport tion never contemplated by its founders. to make sound financial decisions and to al- subject to the exemption authority under When the day of reckoning finally does ar- locate credit (or any other resource) effi- subsection (a),’’ and inserting ‘‘(a) or (c),’’. rive, the needed financial reforms are ex- ciently and rationally. Governments and po- (b) EFFECTIVE DATE.— tremely difficult politically because they are litically directed institutions like the IMF (1) IN GENERAL.—The amendments made by imposed by the IMF under duress, rather have shown time and again that they are in- subsection (a) apply to applications for slot than undertaken by the countries them- capable of making these kinds of decisions exemptions pending at the Department of selves. The photograph, widely published without creating the kinds of crises we are Transportation under section 41714 of title throughout Asia, of Indonesian President now facing in Asia. 49, United States Code, on the date of enact- Soeharto signing on to IMF conditions with The IMF is ineffective, unnecessary and ment of this Act or filed thereafter. IMF Managing Director Michael Camdessus obsolete. We do not need another IMF, as Mr. (2) APPLICATION TO PENDING REQUESTS.—For standing over him imperiously reinforces the Soros recommends. Once the Asian crisis is the purpose of applying the amendments perception of an outside institution dic- over, we should abolish the one we have. made by subsection (a) to applications pend- tating policy to a sovereign government. ing on the date of enactment of this Act, the Even though the IMF recognizes the causes Mr. HELMS. I thank the Chair. Secretary of Transportation shall take into of the crises and conditions its loans on re- Mr. STEVENS. Is all time now ex- account the number of days the application medial measures, many observers believe pired on this amendment? was pending before the date of enactment of that these remedies often make the situation The PRESIDING OFFICER. All time this Act. If such an application was pending worse. In any event they are rarely carried has expired on this amendment. for 80 or more days before the date of enact- out in a timely fashion. There are already in- Mr. STEVENS. Mr. President, we had ment of this Act, the Secretary shall grant dications that several Asian countries have a request not to go to a vote yet be- or deny the exemption to which the applica- violated the terms of their agreements. Fur- cause of other circumstances and the tion relates within 20 calendar days after thermore, IMF-prescribed tax increases and that date. austerity will cause pain for the people of presence of Members. I ask unanimous these nations, producing a backlash against consent that this amendment be set Mr. STEVENS. Mr. President, this the West. There is already talk of a con- aside to be called up by either the ma- has been agreed to. It is an amendment spiracy to beat down Asian asset values in jority leader or myself when it is time that deals with slots at airports for order to provide bargains and control for to vote. commuter airlines. And it is a problem Western investors. that, as I said, has been agreed to on And yet, because these countries are able The PRESIDING OFFICER. Is there objection? Without objection, it is so both sides. to avoid fundamental economic reforms, Mr. President, I urge the adoption of their currencies continue to collapse. Indo- ordered. nesia, South Korea and Thailand have each Mr. STEVENS. Mr. President, I do Senator FRIST’s and Senator BYRD’s seen their currencies lose more than half have more amendments I want to take amendment. their value against the U.S. dollar in recent right away, but I suggest the absence The PRESIDING OFFICER. The weeks, despite the promised IMF bailouts. of a quorum. question is on agreeing to the amend- The loans from the IMF are, in fact, trivial The PRESIDING OFFICER. The ment. when compared to the size of the inter- If there is no objection, the amend- clerk will call the roll. national currency market, in which some $2 ment is agreed to. trillion is traded daily. These markets’ in- The assistant legislative clerk pro- The amendment (No. 2101) was agreed stant verdicts on unsound economic and fi- ceeded to call the roll. to. nancial policies overwhelm the feeble efforts Mr. STEVENS. Mr. President, I ask Mr. STEVENS. I move to reconsider of politicians and bureaucrats. unanimous consent that the order for the vote and move to lay that motion The IMF’s efforts are, however, effective in the quorum call be rescinded. distorting the international investment mar- on the table. ket. Every investment has an associated The PRESIDING OFFICER. Without The motion to lay on the table was risk, and investors seeking higher returns objection, it is so ordered. agreed to. must accept higher risks. The IMF interferes Mr. STEVENS. Mr. President, I ask Mr. STEVENS. I suggest the absence with this fundamental market mechanism by unanimous consent that the following of a quorum. encouraging investors to seek out risky mar- Senators be added as original cospon- The PRESIDING OFFICER. The kets on the assumption that if their invest- sors of amendment No. 2085 relating to clerk will call the roll. ments turn sour, they still stand a good the National Guard Youth Challenge The assistant legislative clerk pro- chance of getting their money back through Program: Senators LOTT, BOND, and IMF bailouts. This kind of interference will ceeded to call the roll. only encourage more crises. FORD. Mr. STEVENS. Mr. President, I ask Asian nations are facing financial difficul- The PRESIDING OFFICER. Without unanimous consent that the order for ties not because outside forces have imposed objection, it is so ordered. the quorum call be rescinded.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2470 CONGRESSIONAL RECORD — SENATE March 24, 1998 The PRESIDING OFFICER. Without mocracy during that period of time. family, who is indifferent to the re- objection, it is so ordered. Today, it is a rather considerable suc- quirements that the International Mr. STEVENS. Mr. President, the cess at both. Monetary Fund has laid out to them, Senator from Washington, Mr. GORTON, Thailand and Malaysia are trying, who has caused the crisis in his coun- will offer an amendment to the IMF with great difficulty, to meet the fi- try to become much worse, sharply title of the bill. I will ask unanimous nancial challenges with which they worse, as a result of his inaction than consent that there be a time agreement have been faced. it would have been had he followed the on that amendment. He can explain the One nation, however, does not fall requirements of the IMF some time amendment. into any of these categories. In Indo- ago. We should not lend ourselves to I ask unanimous consent that we nesia, President Soeharto is a wholly his intransigence in any respect what- have a 15-minute-per-side time agree- owned family enterprise. Its economy— soever, Mr. President. As a con- ment and that the vote on the Gorton behind those of all the other nations in sequence, I ask my colleagues to sup- amendment follow after the vote on Southeast Asia, from the point of view port the amendment. I will reserve the the IMF amendment that has been set of the degree to which its benefits have remainder of my time. aside. been distributed among its people—is Mr. President, I ask for the yeas and The PRESIDING OFFICER. Is there corrupt, undemocratic, and designed to nays on the amendment. objection? primarily, it seems, at least through The PRESIDING OFFICER. Is there a Without objection, it is so ordered. its economy, to benefit the immediate sufficient second? The Senator from Washington is rec- family and the close friends and hench- There is a sufficient second. ognized. men of the now seven-term President The yeas and nays were ordered. AMENDMENT NO. 2102 of Indonesia, Mr. Soeharto. Indonesia The PRESIDING OFFICER. Who (Purpose: To limit International Monetary has resisted, at every turn, the pre- yields time? The time will be deducted Fund loans to Indonesia.) scriptions that the International Mone- equally if no one yields time. Mr. GORTON. Mr. President, I send tary Fund has laid down for the recov- Mr. FAIRCLOTH addressed the an amendment to the desk and ask for ery of its economy. As a consequence, I Chair. its immediate consideration. believe, and I believe firmly, that we in The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The the United States should not bow to ator from North Carolina is recognized. clerk will report. the will of this dictator, should not say Mr. FAIRCLOTH. Mr. President, I The assistant legislative clerk read that requirements that are being im- ask unanimous consent that the pend- as follows: posed on other nations that are trying, ing amendment be set aside so that I with great difficulties, to work their The Senator from Washington [Mr. GOR- may offer an amendment. TON] proposes an amendment numbered 2102. way out, with democratic institutions The PRESIDING OFFICER. Without in place in those countries, should not Mr. GORTON. Mr. President, I ask objection, it is so ordered. be imposed on Indonesia. AMENDMENT NO. 2103 unanimous consent that reading of the This amendment is quite simple. It amendment be dispensed with. (Purpose: To provide for an Education doesn’t attempt to dictate to the Inter- Stabilization Fund) The PRESIDING OFFICER. Without national Monetary Fund what it does, Mr. FAIRCLOTH. Mr. President, I objection, it is so ordered. but it does direct our Secretary of the The amendment is as follows: send an amendment to the desk and Treasury to instruct our representative At the appropriate place, insert the fol- ask for its immediate consideration. on the International Monetary Fund to lowing: The PRESIDING OFFICER. The use the voice and vote of the United SEC. . LIMITATIONS ON INTERNATIONAL MON- clerk will report. States to prevent the extension by the ETARY FUND LOANS TO INDONESIA. The assistant legislative clerk read International Monetary Fund of loans The Secretary of the Treasury shall in- as follows: struct the United States Executive Director or credits that would personally ben- of the International Monetary Fund to use efit the President of Indonesia or any The Senator from North Carolina [Mr. the voice and vote of the United States to FAIRCLOTH] proposes an amendment num- member of the President’s family or bered 2103. prevent the extension by the International benefit any financial institution or Monetary Fund of loans or credits that commercial enterprise in which the Mr. FAIRCLOTH. Mr. President, I would— ask unanimous consent that reading of (1) personally benefit the President of In- President of Indonesia or any member of the President’s family has a finan- the amendment be dispensed with. donesia or any member of the President’s The PRESIDING OFFICER. Without family, or cial interest. (2) benefit any financial institution or Now, I understand, curiously enough, objection, it is so ordered. commercial enterprise in which the Presi- that there are those who object to this The amendment is as follows: dent of Indonesia or any member of the amendment on the grounds that that At the appropriate place, add the fol- President’s family has a financial interest. covers everything in Indonesia, that lowing: Mr. GORTON. Mr. President, I speak every institution that would be helped SEC. ll. EDUCATION STABILIZATION LOANS to you and my colleagues here today as is owned, in whole or in part, by the AND FUND. (a) LOANS.— a supporter of the International Mone- President or by members of his family. (1) IN GENERAL.—The Secretary of Edu- tary Fund. I believe that the crisis in In my view, that is the best possible ar- cation (referred to in this subsection as the Southeast Asia is one that is impor- gument in favor of this amendment. We ‘‘Secretary’’) shall make loans to States for tant to the economy of the United have a financial structure in that coun- the purpose of constructing and modernizing States, and that those nations in try that has been built up to benefit elementary schools and secondary schools. Southeast Asia that are in great finan- the family of the President and his (2) TERMS.—The Secretary shall make low cial difficulty can be helped to work close associates, and only them. While interest, long-term loans, as determined by their own way out of these economic my heart goes out to the people of In- the Secretary, under paragraph (1). The Sec- difficulties by the kind of prescriptions retary shall determine the eligibility re- donesia, I believe that if there is to be quirements for, and the terms of, any loan to which the International Monetary any International Monetary Fund aid made under paragraph (1). Fund has subjected them. One of those to Indonesia with the consent and help (3) ALLOCATION OF FUNDS.—The Secretary nations, South Korea, is bound to us by of the United States, it should be to shall determine a formula for allocating the the close-as-possible ties of blood and the people and not to the family of the funds made available under subsection (b)(4) sentiment over almost half a century President. to States for loans under paragraph (1). The and, reflecting the views of the people Essentially, Mr. President, that is Secretary shall ensure that the formula proof the United States, has become a free what this amendment says—neither vides for the allocation of funds for such market and a democracy. more nor less. We should not use our loans to each eligible State. In determining the formula, the Secretary shall take into Another of those nations, the Phil- credits in the International Monetary consideration the need for financial assist- ippine Republic, has been tied to us for Fund, with our vote, to bail out a ance of States with significant increases in a full century and has struggled in the President whose sole interest seems to populations of elementary school and sec- direction of free markets and of a de- be in the aggrandizement of his own ondary school students.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2471 (4) DEFINITIONS.—In this subsection, the long-term loans to States for the pur- The PRESIDING OFFICER. Without terms ‘‘elementary school’’ and ‘‘secondary pose of building and modernizing ele- objection, it is so ordered. school’’ have the meanings given the terms mentary and secondary schools. Mr. GRAMM. Mr. President, what is in section 14101 of the Elementary and Sec- The GAO has estimated that one- the pending business of the Senate? ondary Education Act of 1965 (20 U.S.C. 8801). The PRESIDING OFFICER. The (b) FUND.— third of all schools, housing 14 million (1) ESTABLISHMENT.—There is established students, are in need of repair. In my pending question is the amendment of- in the Treasury of the United States a trust home State of North Carolina, 36 per- fered by the Senator from North Caro- fund, to be known as the ‘‘Education Sta- cent of schools report they have at lina. bilization Fund’’, consisting of the amounts least one inadequate building, 90 per- Mr. GRAMM. Mr. President, let me transferred to or deposited in the Trust Fund cent of the schools report that they ask unanimous consent that the under paragraph (2) and any interest earned have construction needs up from $3.5 amendment of the Senator from North on investment of the amounts in the Trust Carolina be temporarily set aside so Fund under paragraph (3). million to $10 million. We have a fast- that Senator SANTORUM and I might (2) TRANSFERS AND DEPOSITS.— growing student population, and many, (A) TRANSFER.—The Secretary of the many students are housed in trailers— offer an amendment. Treasury shall transfer to the Trust Fund an literally hundreds of thousands are The PRESIDING OFFICER. Is there amount equal to $5,000,000,000 from the sta- housed in trailers. objection? bilization fund described in section 5302 of The purpose of this amendment is Without objection, it is so ordered. title 31, United States Code. very simple. We have a slush fund at AMENDMENT NO. 2104 (B) DEPOSITS.—There shall be deposited in (Purpose: To ensure that the surplus in fiscal the Trust Fund all amounts received by the the Treasury Department called the Exchange Stabilization Fund. This years 1999 through 2003, proposed by the Secretary of Education incident to loan op- President to be dedicated to save Social erations under subsection (a), including all fund is under the personal control of Security, will not be lowered by the enact- collections of principal and interest. the Secretary of the Treasury. He can ment of this Act) (3) INVESTMENT OF TRUST FUND.— do whatever he wants with it. I think Mr. GRAMM. Mr. President, I send (A) IN GENERAL.—The Secretary of the this is totally wrong. What has the an amendment to the desk. Treasury shall invest the portion of the Secretary done with the fund? Over the Trust Fund that is not, in the Secretary’s The PRESIDING OFFICER. The judgment, required to meet current with- last 4 years, he has used it to supple- clerk will report. drawals. ment international bailouts, which was The assistant legislative clerk read (B) OBLIGATIONS.—Such investments may never the original intent for the funds. as follows: be made only in interest-bearing obligations He loaned Mexico $12 billion. He prom- The Senator from Texas (Mr. GRAMM), for of the United States or in obligations guar- ised Indonesia—which the Senator himself, and Mr. SANTORUM, proposes an anteed as to both principal and interest by from Washington was just talking amendment numbered 2104. the United States. For such purpose, such about—$3 billion. He has promised obligations may be acquired— Mr. GRAMM. Mr. President, I ask (i) on original issue at the issue price; or South Korea $5 billion, and everything unanimous consent that reading of the (ii) by purchase of outstanding obligations indicates that Korea is going to call for amendment be dispensed with. at the market price. the money quickly. He has done all of The PRESIDING OFFICER. Without (C) PURPOSES FOR OBLIGATIONS OF THE this without any congressional ap- objection, it is so ordered. UNITED STATES.—The purposes for which obli- proval or authorization. The amendment is as follows: gations of the United States may be issued This fund has over $30 billion avail- At the appropriate place, insert the fol- under chapter 31 of title 31, United States able in it. It seems to be only common lowing: Code, are extended to authorize the issuance sense that if we can lend to Indonesia SEC. . Notwithstanding any other provi- at par of special obligations exclusively to $3 billion, $5 billion to Korea, $12 bil- sion of this Act or any other provision of the Trust Fund. law, only that portion of budget authority (D) INTEREST.—Such special obligations lion to Mexico, and who knows where provided in this Act that is obligated during shall bear interest at a rate equal to the av- in the future it will be going, without fiscal year 1998 shall be designated as an erage rate of interest, computed as to the any advice or consent from the Con- emergency requirement pursuant to section end of the calendar month next preceding gress, then we can provide loans for 251(b)(2)(D)(i) of the Balanced Budget and the date of such issue, borne by all market- school construction. I don’t see how we Emergency Deficit Control Act of 1985. All able interest-bearing obligations of the can do otherwise. remaining budget authority provided in this United States then forming a part of the The President had wanted $20 billion Act shall not be available for obligation Public Debt, except that where such average until October 1, 1998. 1 in new tax-free bonds. But with this rate is not a multiple of ⁄8 of 1 percent, the rate of interest of such special obligations amendment, we can start immediately Mr. GRAMM. Mr. President, I am 1 very happy to come over here this shall be the multiple of ⁄8 of 1 percent next with $5 billion in loans to schools. This lower than such average rate. would be loans, and it would have no afternoon and be joined by my distin- (E) DETERMINATION.—Such special obliga- budget impact. This is not an outlay; guished colleague from Pennsylvania tions shall be issued only if the Secretary of it’s a revolving loan fund. in alerting the American people. I say the Treasury determines that the purchase I urge all my colleagues to support the American people rather than alert- of other interest-bearing obligations of the the amendment. Mr. President, if we ing the Senate because I don’t think United States, or of obligations guaranteed the Senate wants to be alerted to a as to both principal and interest by the can provide $18 billion for the IMF, we United States on original issue or at the can provide $5 billion for our schools. fraud that we continually perpetrate market price, is not in the public interest. I ask for the yeas and nays on the on the American people. That fraud is (F) SALE OF OBLIGATION.—Any obligation amendment, with the time for the vote that we set out spending limits, we acquired by the Trust Fund (except special to be determined by the manager of the adopt budgets, and we know with abso- obligations issued exclusively to the Trust bill. lute certainty that the way we define Fund) may be sold by the Secretary of the The PRESIDING OFFICER. Is there a emergencies, floods, hurricanes—many Treasury at the market price, and such spe- sufficient second? things that are natural disasters—but cial obligations may be redeemed at par plus There is not a sufficient second at the way we define emergencies is we accrued interest. know with certainty that every year (G) CREDITS TO TRUST FUND.—The interest this time. on, and the proceeds from the sale or re- Mr. FAIRCLOTH. Mr. President, we we are going to have emergencies, and, demption of, any obligations held in the will hold until we get a sufficient sec- yet, we don’t put any money in the Trust Fund shall be credited to and form a ond. budget for that purpose. part of the Trust Fund. Mr. GRAMM. Mr. President, I sug- So, for example, since Bill Clinton Mr. FAIRCLOTH. Mr. President, this gest the absence of a quorum. has been President, we have averaged amendment would transfer $5 billion The PRESIDING OFFICER. The $7.3 billion in emergency spending from the Exchange Stabilization Fund clerk will call the roll. every single year. There was a time at the Treasury Department to the De- The assistant legislative clerk pro- when we wrote budgets and we set partment of Education. There would be ceeded to call the roll. aside money for the purpose of paying a new account established, the Edu- Mr. GRAMM. Mr. President, I ask for natural disasters, because in a big cation Stabilization Fund. This fund unanimous consent that the order for country like America we know with ab- would be used to offer low-interest, the quorum call be rescinded. solute certainty that we are going to

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2472 CONGRESSIONAL RECORD — SENATE March 24, 1998 have natural disasters and that we are The Senator from Pennsylvania and I That is what this amendment is going to have to pay for them. In fact, have a very modest amendment. What about. we have averaged over the last 7 years we ought to be doing is paying for So if you meant it when you stood up on natural disasters $5.6 billion in every bit of this spending because we and applauded the President when he spending. We have spent that amount knew every bit of it was coming. This said ‘‘Put Social Security first,’’ then every year on average for the last 7 is a shell game that we play every sin- you are going to want to vote for the years. Yet, during this time we have gle year, which is why people are to- amendment that I am offering with provided no money in the budget for tally skeptical, as they should be, Senator SANTORUM. On the other hand, this purpose. about our whole budget process. But if that was your position then and now So what we play is a little game. while we should be paying for every bit is another day and you are for it in the Here is how the game works: of it, we know that we don’t have the abstract, but when it gets down to The President stands before the votes to do that. spending the money you are not for American people in the Chamber of the So here is what we are saying. Take that, then you are going to want to House of Representatives, and says the money that we are going to spend vote against this amendment. ‘‘Put Social Security first.’’ Don’t this year and spend it and don’t offset So I yield the floor to let my cospon- spend the surplus. Take that surplus it. But the money that will be spent sor speak. and put it into Social Security. We all under this bill in 1999, 2000, 2001, 2002, Mr. SANTORUM addressed the Chair. stand and we have a standing ovation. and 2003, over that 5-year period, don’t The PRESIDING OFFICER. The Sen- And the lead story in the Washington have an emergency designation for ator from Pennsylvania is recognized. Mr. SANTORUM. Mr. President, the Post and on every network is ‘‘Presi- that spending, which means it will Senator from Texas did an excellent dent Says Put Social Security First.’’ have to count against the spending So the American people believe that caps in 1999. job of outlining the amendment. I the projected surplus in the President’s For 1999, we have spending caps for think his comments are very persua- budget that has come to the Congress discretionary spending, nondefense, sive. Let me add one element to the ve- and that shows a surplus of about $8 and for the Defense Department. We racity of the comments of the Senator billion next year—people really believe are spending under this bill $1.979 over from Texas. He said this bill has some $2.5 billion that we are setting that aside to help a 5-year period, and we are spending for offset emergencies. He said but on save Social Security. And then at the $1.5 billion in 1999—not this year, but average, about this fiscal year, that we same time, the President sends a dis- next year. So what we are saying is spend the will get up to five. There was discus- aster bill to Congress, says don’t pay money but then count the money as sion in the Cloakroom about an amend- for it, simply take it out of the surplus, part of next year’s budget and against ment to add another $1.6 billion of which has the effect of taking the next year’s spending cap so you can’t emergency spending. So maybe before money away from Social Security and commit today to spend next year, and the day is out, as opposed to before the has the effect of allowing us every sin- not then commit to count it against year is out, we will get to our $5 billion gle year to bust the budget that we the budget. in emergency spending for this year. have adopted. So the issue here is simple and When I say ‘‘emergency,’’ people tend The first point I would like to make straightforward. Should we count these to think when you hear the term is these are not unexpected expenses. outlays as part of the Federal budget ‘‘emergency,’’ an ambulance, or some- In fact, I would like to predict right next year when the expenditures occur thing that has to be done right away. A now that this won’t be the last disaster next year and each year through the lot of these things don’t have to be bill we will have this year. This dis- year 2003? I believe we should. Some of done right away. As the Senator from aster bill, as it stands now, is for $2.6 our colleagues are going to say, ‘‘Well, Texas laid out, a lot of this spending billion, and we will end up spending at you know we can’t make cuts this year doesn’t get spent right away. It gets least twice this amount this year. And because we would have to interrupt the spent in the long term. we will take every penny of it from the expenditures of the various Govern- What we are trying to do is say, look, surplus, and we will take every penny ment agencies that are spending money if you have an emergency now, we have of it, therefore, away from our effort to and we are halfway or more through to spend the money now. We are in the save and to rebuild the financial base the fiscal year.’’ We are not talking middle of the fiscal year. We under- of Social Security because we will not about this year. We are talking about stand that to go back and ask to try to pay for this bill. spending money in 1999. We have not offset this money within the FEMA The second thing I want to note is even written the budget for 1999 yet. budget, or the Defense Department, or there is a lot in this bill that is not an All we are saying is when we do write wherever the other spending proposals emergency; that is not unexpected. The the budget in 1999, take the money we come from, would be very difficult. We President is now asking us to pay for are spending under this bill in that understand the difficulty in these de- the cost of having troops in Bosnia. Is year and count it as part of the money partments. anybody shocked that a bill was going being spent that year. That way the But there is no reason why our good to come due over the Bosnian deploy- surplus does not go down. That way we friends, the appropriators, cannot with- ment? Everybody knew this bill was do not take money away from Social in the context of this year’s budget for going to come due. Why didn’t we, the Security. this additional spending that we are Senate and the President, provide the So I see this as being a test of wheth- going to pass today and appropriate money in the appropriations bill for er all that rhetoric that the President today—whether they can’t put it with- the Defense Department? We didn’t said about putting Social Security first in their appropriations amounts for the provide it in the appropriations bill be- was phony or not. The fact that the fiscal year. That is responsible budg- cause we decided to cheat and not put President sent this bill with an emer- eting. That is, in fact, truth in budg- the money in the appropriations bill, gency designation that said we are eting. knowing that we would come back here going to spend the Social Security The Senator from Texas is right today and that we would add that money next year through this bill— about the issue of Social Security. I money in, and, as a result, we wouldn’t that says, to begin with, that his posi- chair the leader’s task force on the have to count it against the budget and tion was phony. But now we are ques- issue of Social Security here in the we could simply take it from the sur- tioning whether or not the Senate is Senate. I was one of those people who plus. phony on this issue. Do we want to stood up and applauded the President We have a bill before us that has an take money that is designated to save for saying ‘‘Save Social Security emergency designation, and it has two Social Security and spend it next year First.’’ Use that money, use that sur- kinds of outlays. It has outlays that and for the remaining 4 years that this plus out there to direct the Social Se- are going to occur for the remainder of bill will spend out, or do we want to curity to save the Social Security sys- this year. Then it has outlays that will count that money against the budgets tem in the future. occur in 1999 and then on out through in those years so the surplus we expect If we are going to box this money, re- the year 2003. can be used to save Social Security? member, we said we are going to put

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2473 this money and set it aside. Well, here I had a meeting the other day with caps and thereby winnowing away that is the money. Here is the money. Here the Chief of Naval Operations. He told surplus. are those first few dollars that we had me that as a result of the operations This is our first opportunity to stand planned to set aside. They want to they deployed—whether it is the gulf, up and say we are going to live within spend it right now. Korea, or Bosnia, or whatever—because the budget and thereby, living within That is not a good-faith promise to of these extended deployments that the budget, we will have money avail- the American public. We know the they have had they have had to contin- able to do what is right for the Amer- President is not going to keep his ually reprogram—not money; they can ican public and that is create a Social promises. But that doesn’t mean we find the money other places within the Security system that will be there for shouldn’t keep our promises. Defense Department—he is spending future generations. I noticed, because I was watching more of his time doing bookkeeping or Mr. President, I yield the floor. across the aisle, that every single one reprogramming money than he is out The PRESIDING OFFICER (Mr. of my Democratic colleagues jumped there leading our sailors. That is not a SMITH of Oregon). The Senator from up when the President said ‘‘save So- good position for our CNO to be in. We Alaska. cial Security first.’’ Use that money want him to pay attention, not just to Mr. STEVENS. Mr. President, to that is there, that surplus that is com- the accounting within the service, but begin with, let me say to my friend ing down the road, and use that to save how we are going to be an effective from Texas, I hope he will never again Social Security. They jumped up, and fighting force. say that this Senator brought a bill to said, ‘‘Yes; we are going to use that So I understand the problems and the the floor to cheat. If he wants to start money to save Social Security.’’ concerns. Senator GRAMM’s amendment arguments here sometime, this Senator Here is the first vote of whether we and my amendment deals with the is fairly well ready for that. But I will are going to use the surplus to help issue of not making the CNO go back just put that aside for now and discuss transition for future generations the and find money and shift it all around, the merits of the issue that the Sen- Social Security system, or whether we but it says: Declare the emergency. ator has brought to the Senate. are going to use it for current political You have the money this year, but in We have followed the Budget Act. If needs. future years when we do have an oppor- you look at our report that we filed I will be honest with you. These are with the Senate, on page 36, Members not emergency needs in the real sense tunity to put it in context, keep it under the caps. of the Senate will see the 5-year projec- of the word. These are not unpredict- tion of outlays is in compliance with able needs. As the Senator from Texas I know the caps are tough. I know Senator GRAMM and I, as well as every section 308(a)(1)(C) of the Congressional said, with respect to defense, I think Budget Act of 1974 as amended. We most Members of the Senate knew we Member of the Senate, will come to the have provided the 5-year projection as- were going to be in Bosnia. I certainly chairman of the Appropriations Com- sociated with the budget authority believe the President knew we were mittee and say: Mr. Chairman, I am that we provide in this bill. There are, going to be in Bosnia. He certainly going to need help for this project, or I in fact, follow-on costs for the outlays knew the costs associated with being in am going to need this—and I under- for moneys that are expended this Bosnia. I think the President and the stand that. But I also expect him to do year. They have to continue to spend people at FEMA and the people here in it within the caps, as I expect him to for a period of years, and the Budget the Senate knew that the money we do this within the caps for future year Act requires us to do this. It requires appropriated for disasters was not funding. us not only to do it but to inform the going to be sufficient to be able to fund If we do not do that, then that down- it. It has not been for the past 7 or 8 payment on transitioning Social Secu- Senate how much it is going to cost. years that I can recollect since I have rity, that downpayment on creating There has been no cheating here. As a been here. We have always, or seem- that pool of money that is going to be matter of fact, we have gone out of our ingly, had some money—some years so crucial for us to begin to develop a way to make certain we have complied more, some years less—for disasters, system in Social Security which is to the exact letter and dot and para- natural disasters that are out there be- going to allow that transition for fu- graph of that bill. cause we never adequately appro- ture generations of Americans to have Now, I want the Senate to know the priated. some hope, some hope that Social Se- effect of this amendment was just the I have to say I took my hat off to the curity will be there when they retire, contrary to what the Senator from Senator from Missouri, Senator BOND. will be frittered away, and all the Pennsylvania said. If we do not provide That is his subcommittee. He has done promises that were made about how we this money on the basis of ongoing ac- a tremendous amount of work in trying are going to put Social Security first counts based upon the emergency that to get FEMA to come forward with re- will go by the wayside when some exists now, every year subsequently, forms so we don’t have this open spigot other thing comes up first. when there are amounts to be ex- where the money just flows out of here I suspect this will not be the last pended, the commanders will have to for natural disasters in some places not time we do this. We will be back with do the reverse of what the Senator particularly well-accounted for. He has another emergency bill, I am sure, be- from Pennsylvania said. They will have done a great job, and, in fact, has a bill fore the end of the year, and we will to take something out of their budget. before the Environment and Public have other plans. The President in his Remember, we have a flat line budget Works Committee, I believe, to make budget already has spent some of the now for 5 years. They will have to take some reforms in FEMA so we aren’t surplus with overprojecting his reve- something out to accommodate for an back here every year with the Presi- nues and underprojecting his expendi- emergency that existed in 1998. We are dent having this wide latitude to de- tures, and so the surplus has already providing money pursuant to the Presi- clare emergencies and spend all sorts been eaten up. dent’s designation of an emergency, of money outside of the confines of Look, I think there is a sincere feel- primarily for Southwest Asia and for what we believe emergencies should be. ing in this Chamber actually to take Bosnia. So we have hopefully in place some the surpluses that we are expecting in There are ongoing costs to this emer- tools in the future to control the the next few years and use them for So- gency. We have deployed people to Ku- growth or the expansion of these emer- cial Security. I believe my colleagues, wait City and to the Persian Gulf. gencies we have to end up dealing with. when they say that is what they would When the emergency is over, they will But the issue before us now is a very like to do with it, that they would like have to be brought back. Those costs simple one. It is one that I hope we can to save Social Security first, we can are part of the emergency. But under agree to because it does not affect cur- say that and we can mean it, but we the amendment of the Senator from rent outlays, it does not affect the cur- have to do something to ensure that it Texas, they will be part of the normal rent year budget, and it doesn’t put is there. We have to make sure we are operating costs of that year, and it will any pain on the administration to not robbing future generations with ap- be just that much less available for come up with money in this year’s propriations bills, year-to-year appro- training or for acquisition, for procure- budget cycle. priations bills, spending more than the ment of various items. Whatever the

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2474 CONGRESSIONAL RECORD — SENATE March 24, 1998 bill authorizes that year, these moneys doesn’t count. But if you take anything the process on this bill of taking will have to come out first because into the next year, guess what. It $1,979,000,000 away from Social Secu- they have already been obligated first. counts against your next year’s outlay rity, money that would have gone to For instance, the Department of De- allowance. So what does that do? It is help us make the system solvent not fense estimates that it will cost $250 a rush to the cash register for Sep- just for our parents but for our chil- million to redeploy these forces that tember 30; a total disincentive to man- dren, and we are taking it away from went to Southwest Asia. Once they are age money right. Social Security because we are going redeployed to the United States, they I have seen amendments that have around the budget. are reconstituted in their units, and been brought to the floor that at- The Senator from Alaska points out that cost of reassociating with various tempted to reconstruct the whole appa- that we have had floods, we have had units, the total cost of that is $250 mil- ratus of the Budget Act, and I have to disasters. No one is saying not to pro- lion. That is still part of the emer- say I have some problems with the vide the help. gency. That is not something that is Budget Act, and the Senate will hear Our amendment provides the assist- just a normal event taking place in about those later with regard to scor- ance. We are for the assistance. But subsequent years, in the year 1999 or ing. But this is not one of them. The what we are saying is give the assist- the year 2000. The impact of what the Budget Act was correct. When we have ance this year and we won’t even make Senator from Texas has suggested an emergency or a disaster—this would you pay for it this year. But this bill would be to say: ‘‘The President can cover the disaster money too, by the spends money not just this year but for declare an emergency and have the way. the next 5 years. All we are saying is, funds not be counted for this year I don’t quite understand what they the money that will be spent next year only’’ means that the emergency is are doing, because we have disasters. and through the year 2003, count it as over on September 30. Right? Wrong. When we had our great earthquake in part of the budgets in those years. Even if the deployment stopped at the 1964, we did not pay for some of those Our colleague from Alaska tells us, end of September 30—I hope it will stop things that we had to do until 1966. ‘‘Well, the departments will have to sooner—there would be ongoing costs Look at what is going on in Georgia change their budgets next year and in associated with the emergency, and right now, and Mississippi and Ala- 2000 and 2001 and 2002 and 2003’’ if we that is what we have covered as the bama. Does anyone think that all of make them count spending that they Budget Act requires us to cover. those levees are going to be recon- are incurring in those years. How many If this emergency designation is lift- structed by September 30? I want the families have the option when Johnny ed, what are the consequences in 1999? Senate to start thinking, and, above falls down the steps and breaks his arm We go into 1999, according to the CBO, all, I want to say again, I want the and they have to take Johnny to the with a $3.7 billion outlay deficit. What Senator from Texas to be careful when emergency room and they have to have the Senator from Texas is saying is, he accuses this Senator of cheating the arm set can say, ‘‘Well, now, we notwithstanding that, we are going to with an appropriations bill. That does have already planned our vacation next add all the costs associated with the not go down lightly with me. year. We were going to buy a new re- emergency from 1998 that are actually I remember the days before when I frigerator. You can’t expect us to go paid in 1999. If you talk about compli- saw majority Members arguing, and I back now and change our budget and cating the bookkeeping of the Depart- can tell you the majority didn’t last not buy a refrigerator because Johnny ment of Defense, I don’t know of any very long. The majority doesn’t last broke his arm.’’ That would be a great better way to do it. If there is $400 mil- very long when people come out and world for real Americans to be able to lion that remains unobligated as of accuse chairmen of motives that are say, ‘‘Well, you know, we had planned September 30, and it pays out in 1999, just absolutely unfounded. on this and this thing happened and we CBO is going to score that $400 million Mr. President, at the appropriate don’t want to have to change our for 1999. Even though it was an obliga- time I will move to table the Senator’s plans.’’ tion that came about because of the amendment. I can tell the Senate I will The point is real American families 1998 emergency, and it is spent in 1999, remember the Senators who do not change their plans every single day. we are going to have to take $400 mil- vote to table this amendment. So, far from being this outrageous pro- lion out. I wonder how many things are The PRESIDING OFFICER. The Sen- posal that is going to put great hard- going to come out of Texas or Pennsyl- ator from Texas. ship on the American Government, we vania if that happens. Mr. GRAMM. Mr. President, first of are not saying don’t fund the emer- I am not going to do it because that all, I want to answer the question gencies; we are saying fund it. What we is over to the Department of Defense. about the cheating. I said the Senate are saying is that we should pay for But I can assure you that any State in- and the President were cheating on a them. We are not even asking that volved that has outlays is going to suf- commitment that we made, and I stand they be paid for this year, but we are fer, and the program will be reduced. by that point. I don’t single any Sen- saying when you haven’t even written Accommodating this amendment will ator out in the process. But the bottom the budget yet for 1999, why should you bring about $2 billion in 1999 of budget line is, facts are stubborn things. Let spend $1.533 billion next year and not authority being utilized because it will me review the facts. even count it in next year’s budget? take the outlays for that year based Eight weeks ago today the President Finally, let me say that with regard upon procurement rates of outlays and of the United States stood at the to projects in Texas and Pennsylvania, say you cannot start $2 billion worth of Speaker’s table at the House of Rep- I never thought we were going to bal- acquisitions because of an emergency resentatives, we were all there, and ance the budget without making tough that happened in 1998. We should tell talked about the fact that we were decisions. If we have to affect defense the Department of Defense, cancel the about to have a surplus. And he used spending or nondefense spending in all F–18s, cancel the ships, cancel what- his words, great slogan—he has no pro- 50 States and the District of Columbia ever it is we are going to try to program, as we know, but he has a great to balance the budget and save Social cure. I am talking about procurement slogan—save Social Security first. We Security, I thought that’s what we outlays, which are the ones that are are going to have a program to save were about. going to suffer the most. Social Security. In fact, there are three But this amendment is eminently Mr. President, we have in this pro- Members right here on the floor who reasonable. You can be for it or you posal—the Budget Act is very wise, are working on one. can be against it. Both those positions really. There is an incentive to manage But we can’t save Social Security if are perfectly legitimate. But you can- the money correctly, to not wish to we don’t have the money. So, when the not say that we are going to use the spend it before the end of this year. President said ‘‘save Social Security surplus to save Social Security and put The effect of the Senator’s amendment first, take the surplus and use it to Social Security first and defend the would be if you can get the money save Social Security,’’ there was an surplus as the President has said and spent before the end of the fiscal year, eruption of applause. We all stood up. then turn around, as the President has then you can take it all off this year, it We all applauded. And now we are in done, and start spending the surplus,

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2475 which he did when he sent this bill to very confusing. It basically says pay They don’t come by and say, ‘‘OK, Congress without offsetting spending. for these programs. We don’t have to. you only get the amount of money you You can’t do that and claim that you We, obviously, have the power not to, can spend this year.’’ That is what the are serious about wanting to protect and we haven’t in any year since Bill Senator from Texas is saying. The dis- the surplus. You can’t have it both Clinton has been President. Not that aster account is a taxpayer insurance ways. You can be for all these pro- we haven’t voted on it. We voted on it against the calamity of disasters that grams, you can be for this emergency regular like clockwork. I or another take place in this country. And as spending without offsetting it, but you Senator have offered an amendment to such, the impact of the Senator’s can’t turn around and say that you are each and every one of them, and all of amendment—anyone who has had a dis- living up to the commitment that we these amendments have failed. But the aster in their State this year better lis- have made. point is we have it within the power to ten to me now because he is saying So this is a serious issue. It seems pay for them, and I hope we will pay that all you can do is count the emer- every year that I and others end up of- for them. gency only for the money that can be fering these amendments saying we Several Senators addressed the spent this year. It is outlays. Very lit- know there are going to be emer- Chair. tle of that money is going to be outlaid gencies, we ought to be setting aside The PRESIDING OFFICER. The Sen- this year. We know that. It is pri- the money as we used to. ator from Alaska. marily the disaster money that is car- Let me just read you these numbers. Mr. STEVENS. Mr. President, the ried out for a period of years. Last year, we had $5.4 billion of emer- law we passed in August 1997, Public The Senator mentions Bosnia, and I gency spending that we added directly Law 105–33, contains this provision, have opposed the Bosnian deployment. to the deficit, some of it being spent which is the one I referred to before, He is not correct in saying we have not this moment. The year before, we but I want to read it now. It pertains to budgeted and spent money, pro- added $6.4 billion, the year before $10.1 sequestration. When the OMB deter- grammed money on a nonemergency billion, the year before $9 billion and mines spending—they determine basis. We have, in fact, appropriated the year before that $5.4 billion. whether we lived up to the caps that money for Bosnia. We did this year but When we go back to 1991 and 1992, the are in the budget agreement—it first is only through July 1. The emergency numbers were pretty small, but begin- instructed to examine those budgets. came about when the President of the What it says is this: ning in the Clinton administration, we United States found that we could not have averaged, if you take the actual OMB shall calculate in the sequestration withdraw. Under his determination and outlays, $7.3 billion of emergency report and subsequent budgets submitted by the President under section 1105(a) of title the Joint Chiefs, they decided we have spending every single year since Bill 31, United States Code, shall include adjust- to stay there. We face the problem of Clinton has been President. ments to discretionary spending limits and paying between now and July 1 and Now, did any of these expenditures those limits as adjusted for the fiscal year in through the end of the year for that de- occur because we had no way of antici- and each succeeding year through 2002 as fol- ployment. pating they would occur? Absolutely lows: Emergency appropriations—If for any If we do not put up the money, the not. We knew there were going to be fiscal year appropriations for discretionary money comes, as I said before, from the emergencies. America is a big country, accounts are enacted that the President des- readiness accounts for moneys we have and we have emergencies every single ignates as emergency requirements and the Congress so designates in statute, the adjust- already appropriated for the fiscal year year. But we set aside no money for the ment shall be the total of such appropria- 1998. That will mean the readiness ac- purpose of paying for them. How can tions in discretionary accounts designated as counts for the rest of the military not anybody call the Bosnian deployment a emergency requirements and the outlays deployed to Bosnia or to Southwest new, unexpected emergency this year? flowing in all fiscal years from such appro- Asia will pay the cost of the emer- Why didn’t the President put the priations. gency. money in his budget last year? He Mr. President, what we are looking Mr. President, that is a nice ques- didn’t do it because it was a way of at is a finding by the Congressional tion, whether this is an emergency, but jimmying the books. It was a way of Budget Office which has determined— the President has declared it is an spending money without saying he was that is what we put in our report on emergency and we have agreed it spending it, knowing that we would page 36, the 5-year projection. Inciden- should be an emergency because we pay for it in a supplemental appropria- tally, just as a footnote, I hope every- really believed when we made the bill tion. And I can tell you what will hap- one knows, they assumed we won’t pass up last year for 1998 that the troops pen this year. We will not provide this bill, it won’t become law until would be out by July 1. money for Bosnia in the defense bill, July 1; therefore, the outlays cannot be Having done that, we spent the bal- and we will do the same thing again made until subsequently in July, pos- ance of the money in the procurement next year. sibly August and September. So they accounts and in the readiness accounts. So here is the point: We do have the moved into 1999 a considerable amount We were operating under a ceiling. power under the Budget Act, with the of money that actually is going to be What the Senator from Texas does compliance of the President and Con- spent this year because we are going to now, if it is not considered emergency gress, to spend the surplus. We have pass this bill and it is going to become as the President declares it is an emer- the power to do that by declaring an law before the end of April. There is no gency, is we have to go back, as I said, emergency. What Senator SANTORUM question about that. It will, hopefully, and take it out of moneys that we put and I are saying is declare an emer- become law the 1st of April. into, whatever it might be—aircraft ac- gency for spending this year, but the But in any event, what has happened quisition, whatever it might be—in the spending that is going to occur in 1999, is we have complied with the law, and Department of Defense. 2000, 2001, 2002, and 2003, for the money the law says we list the amounts. Al- It is not easy to find that kind of that will be spent under this bill all the though they are authorized for emer- money, particularly when we have way out 5 years from now, go ahead gencies that have taken place this troops deployed in the field. Over 40 and build that into the regular budget year, the spending may continue for a percent of our personnel are deployed so that we don’t raise total spending in series of years. overseas right now. If we are going to those years from this bill and so that The Senator used an interesting readjust anything, it has to be in the the surplus in those years that we are analogy about Johnny breaking his procurement accounts, and the pro- counting on for a budget that we have arm. We have disaster money here, and curement does not outlay dollar for not yet brought to the floor of the Con- there are lots of homes that have been dollar. If we cancel procurement, we gress, but money we are counting on to broken. If those homes were covered by only probably get 10, 15, 20 percent ad- put Social Security first, will actually insurance, they take a look at it, the justment for outlays. be there to put Social Security first. insurance adjustor says we are going to Again, I say, it will take billions So that is what we are trying to do in pay X dollars, and you proceed to spend from the 1990 account to deal with the this amendment. It is an amendment that money over a period of years. You millions that are involved in this bill you can be for or against, but it is not get it from your insurance account. for expenditure.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2476 CONGRESSIONAL RECORD — SENATE March 24, 1998 I am not going to belabor it except to for future years, to stay within the being kept under the caps in future say, once again, this is a killer amend- caps and to allow some reprogramming years. ment. I think it is against the Budget to be done within those accounts. The only reason we have released the Act. I leave that to the Senator from So my argument has never been, and pressure valve, if you will, for this year New Mexico. I hope he will talk about I think the Senator from Texas would is because we know the objections that it. At least in purpose it is against it. admit that his argument has never the Senator from Alaska would have if I think actually it is subject to a point been, that what they have done is we put the caps on it this year. He of order, but I don’t intend to raise a somehow wrong. Not wrong; certainly would be opposed to it, I suspect, even point of order. If the Senate doesn’t unit is within the law. But to suggest more vociferously if we made the rel- derstand this amendment, it doesn’t that it is the right thing to do is an- evant departments stay within the understand defense economics and de- other matter. caps every year as opposed to just fu- fense spending. I understand there are I understand the problems that the ture years. So I am not too sure that is some people here who want to put the Senator has with the defense budget. I necessarily a valid argument. screws on us in terms of the next year. have as many concerns as he does with The bottom line here is very simple. Remember this, Mr. President. We the top line number of defense. I think What we are suggesting is to take the have no firewall between defense and we are at a very tight defense budget money that we know is going to be nondefense next year. We have to legis- for this year. I serve as a subcommittee there for the surplus and use it for So- late it if we can get it. The effect of chairman on the Armed Services Com- cial Security, not for emergency spend- this is to take money out of defense mittee, and I understand the tough ing, particularly given the fact that I when defense is already going to be choices that have to be made. understand from the cloakroom there under attack as far as money in 1999. I do not have as big a budget to over- is another $1.6 billion to throw on top I just cannot be emphatic enough to see in my authorization. I have about of this bill. It is going to be spent out deal with this in terms of what it $9 billion to oversee. But I have to over the next few years, money that means. It means that we are read- make tough choices, and sometimes the President has just asked for. justing the concept of the accounting projects in Pennsylvania do not make I have voted against disaster bills in for emergency money. If you look at it on there. They did not make it on the past. In fact, I stood on the floor of just the disaster account alone, it re- there because they are not worthy the Senate just a few years ago and neges on the commitment we have projects, not because they are from said I would vote against a disaster bill made to the people who are in the dis- Pennsylvania or from North Carolina when most of the money for that bill aster area to help them pay for the or Texas or anywhere else. And I will was going to Pennsylvania—my State. cost of adjusting to that disaster. assume and I will hope that the appro- And I said I would do so unless we did My State has more disasters than priations process is a similar one; that something to make sure that that any State in the Union. We don’t have we look at the merits of the projects money was offset within the budget, any right now, except me, and I feel that are on there being requested by because I feel it is that important. I like a disaster right now because I real- the Department and we sort it out on think there is not truth in budgeting ly don’t like this amendment. the basis of merit. with this administration and with our I think if Members of the Senate That is what I will continue to do budgets in the past when it comes to think about it, they will understand and that is what I hope the Appropria- disaster assistance. We chronically what we have done. This amendment tions Committee will continue to do. It have this problem that we do not ap- impacts defense most damagingly be- is a tough job. The resources are very propriate enough money. cause the funds for Southwest Asia as- slim. I accept what the Senator from Again, I do not point to Senator sume current force levels and the cur- Alaska is saying, that if we adopt this BOND and his subcommittee as the rent op tempo—the tempo of oper- amendment, it will make that job problem. I point down to 1600 Pennsyl- ations. We made these moneys avail- somewhat tougher to do—next year by vania Avenue to a President who just able until expended. That means they the tune of about $1.6 billion, and the willy-nilly, in many cases, declares can be expended in 1999 and subsequent following year $391 million, and then it items eligible for assistance and ex- years. That gives an incentive to the sort of trails off to a couple million. pands the definition beyond what con- Department to manage their money But I understand that is a difficult gressional intent is as to what is cov- wisely and not rush to expend it before task. ered. Not that he declares disasters the end of this year. The point we are trying to make is, willy-nilly. In fact, they are very seri- The effect of the Senator’s amend- we did not require you to do it this ous disasters. But what should be and ment would be to reverse that decision year because you are halfway through is eligible to be paid for by the Federal of our committee. the budget year and it would be very Government is, in fact, where I think Several Senators addressed the difficult to reprogram that money hav- we have a problem with this adminis- Chair. ing been put in a cycle where you had tration, which I think the Senator The PRESIDING OFFICER. The Sen- a certain expectation of money, you from Missouri, Mr. BOND, is attempting ator from Pennsylvania. spent to that level, so you spent half to correct. So I give credit to him. But Mr. SANTORUM. Thank you, Mr. your money and then you are basically we still have the problem. President. taking savings out of the last half of The problem has shown up in huge Mr. President, first, I say to the Sen- the money that is there, which requires amounts of outlays that we spend ator from Alaska, he is absolutely a commensurately higher percentage of every year on disasters because we con- right. I do not think either Senator cuts than the overall amount. tinue to pay ever-increasing amounts GRAMM or I are intending, or what the So I understand that problem. That from the Federal level on disasters Appropriations Committee did here, is is why we tried to avoid that problem around this country. That is a problem. somehow outside the Budget Act or il- by saying, if you spend the money this All we are doing is allowing that spend- legal or against the law. Absolutely year, you do not have to reprogram it. ing to continue and not keeping within not. The chairman and the committee You can declare the emergency and the discipline that we promised the followed the Budget Act to a ‘‘t.’’ They you can spend it above the budget American public. We promised, us right declared the emergency. The President level. here in the Senate, we promised the asked for emergency spending. They I find it somewhat curious that the American public that we would stand went ahead and spent the money out- Senator from Alaska would attack our here and stick to our agreement, that side of the parameters of the budget amendment by saying it creates an in- we would not continue this stream of that we have for the country this year centive to spend the money unwisely red ink, we would not just continue to and for future years. this year and that he opposes this spend money like there was no tomor- We just do not agree that we should amendment because we are going to row, that we were going to put a budg- do that. I think we do have the right, have money being forced out of the et agreement in concrete, we were because we have done it in the past, to pipeline prematurely so it can be spent going to stick to it, and, as a result of make that spending this year, frankly, on an emergency basis as opposed to that, we would have surpluses, we

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2477 would have a balanced budget, and we What we are saying is, we now have a ing. That is the point we are trying to would have surpluses and, as a result, leg up. We know what money we need make. the economic prosperity that would to spend this year, so we are going to Mr. DOMENICI. Will the Senator come with that. include it in that budgeted amount. So, yield for a question? Right here today we are just saying, yes. Mr. SANTORUM. I am happy to. oh, we didn’t mean it. You know, we Mr. STEVENS. Does the Senator un- Mr. DOMENICI. How big does a dis- had an unexpected—not so unex- derstand, first we have to declare a disaster have to be in terms of its outyear pected—expense so we have to break aster for that not to be accounted? cost for you not to expect it to be paid the deal. We are going to break the Mr. SANTORUM. That is correct. for out of education money and NIH deal. We are just going to say, fine, we Mr. STEVENS. That is what this bill money and others? How about the Alas- are going to spend more. does? kan earthquake? I assume we had 5, 6 I am surprised there is just $1.6 bil- Mr. SANTORUM. Yes. percent of the entire budget of the lion more in the cloakroom ready to Mr. STEVENS. Some money is al- United States in one or two of those come down here to be spent. Let us ready over there in FEMA, but when it years. Is that big enough? Or should we throw in some more. I mean, this is is spent, it is emergency money. assimilate that and reduce education open season. We have lied once. We Mr. SANTORUM. That is correct. funding and NIH funding and all the have broken our promise once to the Mr. STEVENS. I am not sure the other funds, highway funds? American public. We said we were Senator is understanding me yet. The Mr. SANTORUM. I say to the Sen- going to keep the deal. Now we are not money that we appropriate to FEMA, ator, I would expect in a $1.6-some tril- going to keep the deal. Why just 1.6 bil- we just put in FEMA. lion budget, that we can in fact find in lion? Let us throw in a few more bil- Mr. SANTORUM. Right. this case for disasters some $2-plus billion. Once you break it—I mean, it is Mr. STEVENS. It is counted in the lion, of which it is not even $2 billion. like being a little bit pregnant—let us budget. But when they spend it for real I think in our opinion it is $3.1 billion— really have a party. Let us spend it all. emergencies, we relieve them from ac- no; less than that—it is $2.5 billion Let us throw some more money down counting for that as far as sequestra- overall. And we are allowing this year’s here and find out how much more we tions are concerned because it does not to go as an emergency. So I think $1.5 can throw on that we can consider an count against this year’s allocation or billion. So we can find $1.5 billion out emergency that all we have to do is de- the allocation in any year for which of the next 5 years’—out of the next 5 clare. We do not have to follow any law the outlay is made. Do you understand years—spending. I think we can do here. For those of you who think that that? that. there is a law that we follow that says Mr. SANTORUM. What we are sug- Mr. DOMENICI. I say to the Senator, ‘‘this is actually an emergency’’ and gesting is that money should count because I know you intend always to be ‘‘this isn’t an emergency’’—no, no, no. within the budget, that it should count very precise and specific, and I laud We just have to say it is. That is all. within the amount for that appropria- you for that, and you are eloquent in We just say it is, and it is an emer- tion. your remarks, I hope you do not speak gency. Mr. STEVENS. I say to the Senator, of a $1.7 trillion budget unless you So let us bring all the turkeys out. I do not know if a disaster can recover want to take money out of Social Secu- Let us start flying around and shooting under that situation—not one. We de- rity and Medicare and all the other en- everything around here. And, by the clared a disaster in South Dakota. We titlements. That is two-thirds of the way, there is lots of stuff in here that declared a disaster because of the budget. So we ought to be talking is not emergency, just supplemental earthquakes in California. We did it be- about the right number. Nobody is ex- spending that we are just going to cause of the fact we had to have the pecting this to come out of Social Se- throw out here and say, ‘‘Well, we’ll emergency designation in order to curity. Are you? just include it in. It’s something we spend the money. Mr. SANTORUM. No, I am not. really wanted to do. Couldn’t fit it in As a matter of fact, the Senator from Mr. DOMENICI. Out of Medicare? last year’s budget, may not be able to New Mexico says there was not enough Mr. SANTORUM. No. Roughly a third fit it in this year’s budget. It’s going to money. We had to add to it. That is is discretionary. fly. It’s going to pass and we can help what we are doing to it; we are adding Mr. DOMENICI. That is about right. out some of our Members.’’ It is just to the money that we previously had. Mr. SANTORUM. Roughly a third. So not the way we should do business. But whatever you spend in connection roughly a third of the $1.7 trillion. So Mr. STEVENS. Will the Senator with these disasters, you do not have you are talking about around $550 bil- yield for a question? to account for it at the time of seques- lion. And we are talking about $1.5 bil- Mr. SANTORUM. I will be happy to. tration. It is only at the time of se- lion out of $550 billion. Mr. STEVENS. Does the Senator questration. Mr. DOMENICI. That includes de- mean to say with regard to disaster Mr. SANTORUM. I understand that. fense, which more than half of that is. money that is in this bill, that only the All I am saying is that money is going Do you want it to come out of defense? money that is spent this year will be to be spent next year. That money is Mr. SANTORUM. Yes. Part of it does treated as an emergency? going to be spent next year. And in the come out of defense within our amend- Mr. SANTORUM. That is correct. appropriations bill that deals with ment, yes, absolutely. Under the legislation, that is correct. these different accounts, we are saying Thank you, Mr. President. Mr. STEVENS. So that the cost of re- we want to keep it under that cap, and Mr. D’AMATO addressed the Chair. pairing the levees in Georgia or Ala- that means to find money other places The PRESIDING OFFICER. The Sen- bama or fixing the frozen trees in New in the legislation, absolutely. That ator from New York. Hampshire, wherever they might be, means that we are going to have to re- Mr. D’AMATO. Mr. President, I did that money, if it is not spent this year, duce other accounts to make sure we not intend to speak to this particular will have to be charged against the reg- stay within those caps. amendment because I have an amend- ular bill for that purpose in the next This is about, in our opinion—I know ment that is sponsored by Senator fiscal year? the Senator from Texas agrees—con- MOYNIHAN, Senator JEFFORDS, Senator Mr. SANTORUM. That is correct. trolling the growth, controlling Gov- LEAHY, Senator SNOWE, Senator COL- Just like next year. When we appro- ernment spending. What we are doing LINS and I believe has been accepted by priate money this year, when we appro- is saying, there is in fact a budget that both sides. priate money for next year, we will says there is so much to spend, and But I think it is rather germane behave in the FEMA budget money for whether we declare an emergency or cause it seems to me that in times of anticipated disasters. That is what we not we are going to stay within that. If crisis our Nation sets aside its dif- will be putting money aside for. That is we declare an emergency, we can spend ferences and we come to the aid of our what we appropriate the money for in the money for that particular purpose neighbors. I do not say that because FEMA, for anticipated disasters and —fine—but it is still going to stay in you had a disaster in the State of for spending on those disasters. the aggregate cap for our total spend- Washington, we are not going to be

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2478 CONGRESSIONAL RECORD — SENATE March 24, 1998 there to help you. That is what hap- cycle trails—I was here when that was Could the Senator make his comments pened, and this country came forward put up, and I voted against bicycle after that? together and made available emer- trails—and if you want to build igloos Mr. WELLSTONE. I ask unanimous gency aid, some several billions of dol- someplace and say that is a disaster consent that after the Senator moves lars. Then we had floods along the riv- when it is not, I am going to vote to table and we have the vote, I then be ers. Those rivers were not in New York, against it. By gosh, let us not simply allowed to speak. but they were in the United States of say that all of the emergency relief Mr. STEVENS. For how long? America, and my State is part of this should be treated as a nondisaster. Mr. WELLSTONE. Ten minutes. country. I think that our citizens That is not being fair to our col- Mr. STEVENS. I might say to the would have been very upset with this leagues. Senator that we have a 5:30 cloture Senator and my colleague if we had Mr. GRAMM addressed the Chair. vote, and we have an agreement. I am voted against providing aid to those The PRESIDING OFFICER. The Sen- informed that following the vote on my who had their farms wiped out, their ator from Texas. motion to table we will have an agree- homes wiped out, their lives disrupted. Mr. GRAMM. Mr. President, I think ment dividing time between the pro- What are we doing? I mean, what in we can wrap this debate up and have a ponents and opponents of the cloture the world are we saying here? Are we vote, if we are ready to do it. I do not motion and then vote on the cloture saying, really, that you should cut the know if the chairman is going to move motion. I will be more than willing to National Institutes of Health by half a to table the amendment or just have an say the Senator gets the first 10 min- percent to provide emergency relief? up-or-down vote on it. But I would like utes after the cloture vote. The cloture For whom? For our citizens. My gosh, to conclude by making several very vote was supposed to take place at 5:30. we have sent troops all over the world simple points: We are jammed in on it right now. No. 1, no one is saying, and nothing to help out others. Are we really seri- Mr. WELLSTONE. Mr. President, I in this amendment has the effect of ously saying that we should not make say to my colleague, I want him to saying, don’t provide emergency available disaster relief to our citizens have a chance to respond. I know he money. That is not what the issue is without this clap trap of finding it wants to. I would then ask unanimous here. This has nothing to do with pro- under a budget cap next year? If it is consent after we have the debate on viding emergency money. Nobody is an emergency, by gosh, the American the cloture vote and the cloture vote saying provide it only this year. What citizens expect us to rally to our neigh- that I be allowed to speak after that we are saying is pay for it. What we are bors and to our friends and stop this vote. saying is that when you are commit- The PRESIDING OFFICER. Is there parliamentary nonsense. That is what ting to spend money over the next 5 objection? this is. years—and we have not even written I want to tell you something. We Mr. STEVENS. Mr. President, I am budgets for those 5 years—that these should move to table this now. I am not prepared to agree to that because I expenditures ought to be counted in not going to do it because that is the understand that we have a commit- the budget. ment that we will go out of session at chairman’s spot. It is his responsi- Do we really take the position that that time. bility. We have some important busi- anything we declare is an emergency, Mr. WELLSTONE. Mr. President, let ness to get done here. I have an amend- and what we are going to spend 4 or 5 me try one other unanimous consent. I ment that I am going to offer to help years from now should have nothing to ask unanimous consent that I be al- the dairy farmers of New York and the do with the budgets we are writing for lowed to speak for 10 minutes before people of New York who are dev- those years 4 or 5 years from now? I re- astated—hundreds of millions of dol- the vote on the IMF amendment. ject that. If this is not the people’s Mr. STEVENS. I have no objection. lars worth of damage, thousands and business, I don’t know what the peo- thousands of manhours lost. Thousands The PRESIDING OFFICER. Without ple’s business is. objection, it is so ordered. of homes were ravaged as a result of Finally, the example has been used Mr. STEVENS. Mr. President, let me the ice storm when people’s power went about an insurance company paying a make sure that everybody understands out for 2 or 3 weeks, and when they claim. We want the insurance company what we are voting on. The Senator came back to their homes, they found to pay the claim but we want the in- from Texas complains—and I think them flooded because the pipes had surance company to cut their divi- rightly—that we are spending really a burst. dends. What we want to do here is to be great deal of money on disasters. They Now, we have to get to the business sure that we are helping people who grow every year, and it is because the of the people and do it here and now have suffered but that we pay for it by moneys that we have allocated to dis- and not get into this business of saying cutting other programs so that we asters under authorization laws and we are going to offset next year’s ex- don’t end up in a position of claiming under regulations have increased. penditures. They have to rebuild those that we are setting aside money to re- homes, and these are people of modest I tell the Senator that the money build Social Security, and, yet, if this available during the period right after incomes. Are we really going to say amendment fails, we are going to have here and now, oh, no, we are not going the great earthquake in Alaska in 1964 $2 billion less to rebuild Social Secu- compared to the amount of money that to do that unless we cut low-income as- rity with than if our amendment suc- sistance programs next year or unless was available to those people who were ceeds. That is what the issue is about. harmed by the California earthquake— we are going to cut—what program? It is pretty simple. And I suggest we the California program for recovery— Tell me. Tell me. What happens if you vote on it. have a $10 billion disaster? Next year Several Senators addressed the was much more heavily financed, and someplace we are going to start offset- Chair. necessarily so. New concepts of assist- ting it? Let’s get to the business of the The PRESIDING OFFICER. The Sen- ance have grown since that time. people. This isn’t the business of the ator from Minnesota. If the Senator wants to examine and people. This is playing games. Mr. WELLSTONE. I thank the Chair. ask the Congress to examine and put I would like to be able to offer my I actually would ask the Senator from limits on what we spend after a dis- amendment, and I would like to move Alaska, if he wants to respond, I would aster, this Senator would be pleased to to set aside the pending business. I am follow. I would be pleased to yield to work with him on it. If the Senator going to withhold. New Yorkers have the Senator from Alaska, but I would wants to say that we ought to predict been devastated to the tune of hun- like to follow. how much money we are going to have dreds of millions of dollars. Mr. STEVENS. Does the Senator available for disasters and put a cap on I just think what is being done abso- wish to speak on this amendment? that, this Senator would never agree lutely puts us in a light that is irre- Mr. WELLSTONE. There are a num- with that. sponsible. If we want to make cuts and ber of amendments out here. I want to If the great Madrid Fault down by say that there are programs here that speak on another amendment. Tennessee ever slips again, as it did in are not of an emergency nature, I will Mr. STEVENS. I intend to make a the middle of the last century, to the vote on them. If you want to build bi- short statement and move to table. extent that the bells in Boston rang

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2479 when that earthquake took place in The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. That is the middle of our continent, if that sufficient second? There is a sufficient correct. would happen today, the cost of that second. Mr. LEAHY. A further parliamentary disaster would be just overwhelming. The yeas and nays were ordered. inquiry, Mr. President. After that 10 There is no way to predict how much The PRESIDING OFFICER. The minutes, what would then be the reg- money we are going to spend on disas- question is on agreeing to the motion ular order? ters. of the Senator from Alaska to lay on The PRESIDING OFFICER. The clo- As applied to this bill now, I say to the table the amendment of the Sen- ture vote. the Senator, if the Senate adopts this ator from Texas. On this motion, the Mr. D’AMATO addressed the Chair. amendment, I will move to recommit yeas and nays have been ordered, and The PRESIDING OFFICER. The Sen- this bill to the Appropriations Com- the clerk will call the roll. ator from Minnesota is recognized. mittee because we cannot afford to The legislative clerk called the roll. Mr. D’AMATO. Mr. President, if I have such a heavy balance on the 1999 The result was announced—yeas 76, might—— bill that we are working on now for fis- nays 24, as follows: The PRESIDING OFFICER. Does the cal year 1999 if the Senate adopts the [Rollcall Vote No. 40 Leg.] Senator from Minnesota yield? amendment of the Senator from Texas. YEAS—76 Mr. WELLSTONE. Mr. President, I Disasters aside, the major impact of Akaka Durbin Lugar want to make sure that I have my time this amendment is on defense. It would Baucus Feinstein McConnell on the floor. I will be pleased to yield. say that any moneys that are spent for Bennett Ford Mikulski Mr. D’AMATO. Mr. President, I the Bosnian or Iraqi deployments after Biden Frist Moseley-Braun thank the Senator from Minnesota. I September 30 would count against the Bingaman Glenn Moynihan Bond Gorton ask unanimous consent that I be given allocations that we are already looking Murkowski Boxer Graham Murray up to 2 minutes to submit an amend- at for 1999 under the budget that the Breaux Grassley Reed ment, that has been agreed to by both Bryan Gregg President has submitted to us. Reid Bumpers Hagel sides, on behalf of Senator MOYNIHAN, I have said before to the Senate, we Roberts Burns Harkin Senator LEAHY, Senator SNOWE, Sen- believe that the impact of this amend- Byrd Hatch Rockefeller Roth ator COLLINS and myself, with respect ment would mean procurement cuts— Campbell Hollings to the disaster bill and ask that the cuts in the amount of money we allo- Chafee Inouye Sarbanes Shelby pending amendment be set aside for cate to procurement of $2 billion in Cleland Jeffords Cochran Johnson Smith (OR) that purpose. 1999. That is because when we author- Collins Kempthorne Snowe The PRESIDING OFFICER. Is there ized the use of $2 billion in 1999, the Conrad Kennedy Specter Coverdell Kerrey Stevens objection? Without objection, it is so amount that actually would be spent ordered. would be about $400 million. That is Craig Kerry Thompson D’Amato Landrieu Thurmond AMENDMENT NO. 2109 what it does to the bill we are planning Daschle Lautenberg Torricelli (Purpose: To provide funds to compensate now. DeWine Leahy Warner dairy producers for production losses due I just do not think that we should Dodd Levin Wellstone Domenici Lieberman Wyden to natural disasters) have a supplemental that so ham- Dorgan Lott strings the budget for the full year of Mr. D’AMATO. Mr. President, I send 1999 in a way that was never con- NAYS—24 an amendment to the desk and ask for templated by the President’s budget Abraham Gramm Mack its immediate consideration. nor is it contemplated by the budget Allard Grams McCain The PRESIDING OFFICER. The Ashcroft Helms Nickles clerk will report. before the Budget Committee and Brownback Hutchinson Robb ready for submission to the Senate. Coats Hutchison Santorum The assistant legislative clerk read This issue should come up but should Enzi Inhofe Sessions as follows: Faircloth Kohl Smith (NH) The Senator from New York [Mr. come up in other ways, and that is how Feingold Kyl Thomas much money we will spend per person D’AMATO], for himself, Mr. MOYNIHAN, Mr. The motion was agreed to. JEFFORDS, Mr. LEAHY, Ms. SNOWE, and Ms. on a disaster. Does the Senator seek time before I Mr. LOTT addressed the Chair. COLLINS, proposes an amendment numbered 2109. make a motion to table? The PRESIDING OFFICER. The ma- Mr. NICKLES. If the Senator will jority leader is recognized. Mr. D’AMATO. Mr. President, I ask yield, I know there are two or three Mr. LEAHY. Mr. President, can we unanimous consent that the reading of amendments in line. have order? the amendment be dispensed with. Mr. STEVENS. The Senator is cor- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without rect. ate will come to order. The majority objection, it is so ordered. Mr. NICKLES. I have an amendment. leader is recognized. The amendment is as follows: I would be happy to introduce it now Mr. LOTT. Mr. President, let me On page 5, line 5, strike ‘‘DAIRY AND’’. On and you can stack it as well. withhold while we confer a few minutes page 5, line 8, strike ‘‘and dairy’’. On page 5, Mr. STEVENS. I might say to the more. I don’t seek recognition at this line 10, strike ‘‘and milk’’. Senator that we just had a discussion time. On page 5, line 20, beginning with the word with the Senator from Minnesota, and Mr. LEAHY. Mr. President, par- ‘‘is’’, strike everything down through and including the word ‘‘amended’’ on line 23, and I understand there is an agreement to liamentary inquiry: What is the regular order at this point? insert in lieu thereof: postpone the cloture vote that has been ‘‘shall be available only to the extent that scheduled for 5:30. The PRESIDING OFFICER. The reg- an official budget request for $4,000,000, that So I am going to move to table, and ular order is for the Senator from Min- includes designation of the entire amount of I would renew the request of the Sen- nesota to be recognized. the request as an emergency requirement as ator from Minnesota that following Mr. LEAHY. Mr. President, further, defined in the Balanced Budget and Emer- that vote on my motion to table he get has all time run out on the pending gency Deficit Control Act of 1985, as amend- 10 minutes, and after that we will be amendment? ed, is transmitted by the President to the happy to have any amendments that The PRESIDING OFFICER. That is Congress: Provided further, That the entire correct. amount is designated by the Congress as an the Senator from Oklahoma has. All emergency requirement pursuant to section right. Mr. LEAHY. And will the Chair ex- 251(b)(2)(A) of such Act.’’ The PRESIDING OFFICER. Is there plain why it would not be the regular On page 5, after line 23, insert the fol- objection? Without objection, it is so order to vote on that? lowing: ordered. The PRESIDING OFFICER. The ‘‘DAIRY PRODUCTION DISASTER ASSISTANCE Mr. STEVENS. Mr. President, I re- pending amendment is a Faircloth PROGRAM luctantly but enthusiastically move to amendment No. 2103. ‘‘Effective only for natural disasters begin- table the amendment of the Senator Mr. STEVENS. Under the unanimous ning on November 27, 1997, through the date from Texas and ask for the yeas and consent agreement, the Senator from of enactment of this Act, $10,000,000 to imple- nays. Minnesota has 10 minutes coming now. ment a dairy production indemnity program

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2480 CONGRESSIONAL RECORD — SENATE March 24, 1998 to compensate producers for losses of milk January 10th, President Clinton de- I am pleased to join with my col- that had been produced but not marketed or clared the region a Federal disaster leagues in offering this amendment and for diminished production (including dimin- area. I urge its adoption. ished future production due to mastitis) due This storm caused tremendous dam- Mr. LEAHY. Mr. President, I would to natural disasters designated pursuant to a like to join my colleagues from the Presidential or Secretarial declaration re- age to homes, farms, roads and infra- quested during such period: Provided, That structure throughout this area of Northeast in support of Senator payments for diminished production shall be northern New York—which we call the D’AMATO’s amendment providing as- determined on a per head basis derived from North Country. sistance to dairy farmers devastated by a comparison to a like production period Tragically, the effects of this storm an ice storm earlier this year. I am from the previous year, the disaster period is led to nine deaths in New York. proud to be a cosponsor of this amend- 180 days starting with the date of the dis- This ice storm damaged thousands of ment which will provide much needed aster and the payment rate shall be $4.00 per utility poles, brought down countless assistance to dairy farmers in Vermont hundredweight of milk: Provided further, miles of power lines and left several and throughout the Northeast. That in establishing this program, the Sec- hundred thousand people in the dark This storm which hit the Northeast retary shall, to the extent practicable, uti- on January 9 left dairy farmers in lize gross income and payment limitations for up to three weeks. established for the Disaster Reserve Assist- The loss of power in this region had a Vermont, New York, New Hampshire ance Program for the 1996 crop year: Provided particularly difficult impact on North and Maine without power for days at a further, That the entire amount is available Country dairy farmers. time. I was happy to see that the dis- only to the extent that an official budget re- As some of my colleagues know, aster bill proposed by the administra- quest for $10,000,000, that includes designa- dairy cows must be milked at least tion and passed by the Appropriations tion of the entire amount of the request as twice a day, every day. Modern farms Committee includes $4 million to reim- an emergency requirement as defined in the use electric milking machines to do burse dairy farmers for production Balanced Budget and Emergency Deficit losses suffered during the storm for Control Act of 1985, as amended, is trans- this task and then transfer the milk to cooling tanks until it is picked up and milk that farmers were forced to dump. mitted by the President to the Congress: Pro- Unfortunately the bill did not con- vided further, That the entire amount is des- taken to an area processing plant. ignated by the Congress as an emergency re- With no power, farmers did their best sider the long term losses that will be quirement pursuant to section 251(b)(2)(A) of to try and milk their cows. For those suffered by farmers until milk produc- such Act.’’ who had generators and were able to tion returns to pre-storm levels. Now Mr. D’AMATO. Mr. President, in re- milk their cows, they had to then store cows don’t know whether the power is sponse to the 100-year ice storm which the milk. on or off, they still need to be milked hit the Northeast area of the country, Unfortunately, for a number of dairy twice a day every day. In addition to and to address the unmet needs of our farmers, the lack of power to cool the the costs incurred by the dumped milk, dairy farmers, I offer this amendment storage tanks made their milk unfit for many cows suffered mastitis as a result of the delayed milking or were thrown with my colleagues, Senator MOY- consumption. off in their milking cycle to the extent NIHAN, Senator JEFFORDS, Senator Farmers also faced the possibility that their milk production levels were LEAHY, Senator SNOWE, and Senator that the milk truck could not reach significantly affected. In Vermont, it is COLLINS, to reimburse dairy farmers the farm because icy road conditions, for up to $10 million for their milk downed trees or downed utility poles estimated that the cost of long-term losses. made it impossible. production losses will be $186,300. The Our amendment covers two types of As these circumstances piled up, in- total damages throughout the region dairy losses: first, the losses that farm- dividual dairy farmers across the en- will be much higher. For small dairy ers experienced by having to dump tire Northeast region were forced to farms, this is just one more cost they their milk because it either could not dump their milk incurring thousands can not afford to shoulder. I urge my colleagues to support this be shipped to market or it could not be of dollars of losses along the way. important amendment. processed properly; and, second, the Farmers also have had to worry Mr. MOYNIHAN. Mr. President, I rise losses they will see through decreased about mastitis. Mastitis is an inflam- to join my colleagues in emphasizing milk production over the next few mation of a cow’s udder which can take the importance of providing adequate months. hold in a cow when it is not milked assistance to the dairy farmers of the In addition, this amendment will al- regularly. Northeast, who suffered tremendous locate $4 million to provide relief to This inflammation can reduce milk losses due to the ice storm of January the dairy farmers who have had a cow production and cause a cow to become 1998. Our amendment will address an die because of the storm. Our amend- sick, requiring treatment with anti- important gap in the Dairy and Live- ment, along with the provisions of this biotics. When a cow is being treated stock Disaster Assistance Program de- bill, will help prevent a lot of dairy with antibiotics, that cow’s milk can- scribed in the supplemental—by pro- farmers who have had thousands of dol- not be used. viding for compensation for diminished lars of losses from going out of busi- When a cow gets out of its milking milk production for the remainder of ness. cycle, there is nothing that can be done this year. When disaster strikes, America re- to make up for that lost production. In the days and weeks following the sponds. The damage, adversity, and That milk, and that income, is lost for- January ice storm, my staff met with loss experienced in the North Country ever. dairy farmers from upstate New York, and in New England deserves the atten- Overall, dairy production losses may and listened while they detailed the ex- tion and assistance of our Government. likely add up to millions of dollars for tent and the nature of their losses. My I thank the chairman of the Appro- dairy farmers in the North Country staff realized that one of the main priations Committee, Senator STE- and northern New England. needs expressed by our farmers—com- VENS, and the chairman of the Agri- Dairy farmers already run their oper- pensation for the diminished produc- culture Subcommittee, Senator COCH- ations on very tight margins—even a tion which they knew would ensue for RAN, as well as the two ranking mem- slight decrease in production can cost the remainder of the year—was not bers, Senator BYRD and Senator BUMP- thousands of dollars and be the decid- being addressed. Working with the New ERS, for their support. ing factor in determining whether a York Farm Service Agency, my staff In times of crisis, our Nation sets farmer stays in business or not. developed an approach which will pro- aside its differences and our own trou- That is why I am offering this vide crucial assistance to our farmers bles in order to help-out those who are amendment—to help provide a measure for these losses. I am pleased to see truly in need. of relief for New York and New Eng- that compensation for diminished milk Beginning on January 5, 1998, six land dairy farmers. production is included in this amend- counties in the northernmost part of With the passage of this amendment, ment. New York State were ravaged by a I believe we will help meet the needs of Without electric power, farmers were fierce winter storm that covered the our dairy farmers as they continue to unable to use electrical milking ma- area in a three-inch blanket of ice. On recover from the effects of this storm. chines, in some cases for several days.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2481 Veterinarians at Cornell University es- ting very close, I think, to a unani- We have a series of amendments, timate that two days of missed mous-consent agreement being possible when we come back in, that have been milkings will result in an average loss with regard to the education savings cleared and that we are in the process in milk production of ten percent for account issue, and other issues, but we of clearing. I just want to notify all the remainder of the lactation cycle. are not quite there. So we think we can Senators, we will be working on The situation is analogous to damages keep working on it and reach agree- amendments to the bill after the pres- to fruit trees, which suffer production ment hopefully early in the morning. entation of the former majority leader. losses in the months—or years—fol- Also, I remind the Senate that we do So in particular, we wanted to stress lowing a storm, in addition to the ini- have this very important opportunity the needs for FEMA and CDBG tial losses suffered at the time of the to hear from our former distinguished amounts that are part of the request. storm. majority leader, Mike Mansfield, at 6 Ms. MIKULSKI. We want to debate Diminished milk production losses o’clock. I would like for us to be able them tonight? will greatly surpass the value of milk to start that right on time in deference Mr. STEVENS. No. We want to see if dumped at the time of the storm. For to his agreeing to be with us. I urge all there is objection. So if anyone has any example, in New York, the value of my colleagues to come to this first in objection, I would like to know before milk dumped in the days immediately a series of lectures from former major- we go out. Thank you. following the storm is estimated to be ity leaders and Vice Presidents. There- Mr. LOTT. Mr. President, in view of $1 million. The New York Farm Service fore, I ask unanimous consent that the one development that just occurred— Agency projects $12 million in losses Senate stand in recess until 7:30 p.m. at and I think we will have the answer in due to diminished milk production. the conclusion of the 10-minute re- just 2 or 3 minutes—I want to withhold Dairy farmers in Vermont and Maine marks by Senator WELLSTONE. that unanimous-consent request that will be similarly affected. Mr. WELLSTONE. Reserving the we stand in recess until 7:30. I expect to The amount provided for dairy and right to object, and I will not, but I renew that in 2 or 3 minutes. But I livestock in the Administration’s re- would be pleased, when we go back in would like to hold it at this time; and, quest—$4 million—drastically under session tomorrow, to speak. So you can therefore, the Senator could be recog- represents the amount of damage. The go ahead, as long as I have consent I nized in his own right to speak if that $10 million which this amendment will will be able to speak for 10 minutes is what he has in mind. provide for dairy and livestock farmers when we go back in. The PRESIDING OFFICER. The is based on the best estimates of dam- Mr. DASCHLE. Reserving the right Democratic leader. ages available from the Farm Service to object, I would like to be recognized Mr. DASCHLE. Mr. President, I have Agencies of the affected states. following the remarks made by the dis- indicated to the distinguished chair- Through this amendment, we will be tinguished majority leader and then man of the Appropriations Committee able to compensate dairy farmers for 30 preceding whatever remarks the Sen- my frustration with the amendment percent of the value of their dem- ator from Minnesota would care to process. The majority leader has noted onstrated losses—the same proportion make. the need for cooperation. provided to other farmers under pre- Mr. LOTT. Mr. President, if the Sen- I think we have been extraordinarily vious disaster relief programs. ator would yield, I think that is a very cooperative. I have encouraged my col- The farmers of the Northeast dairy generous offer by the Senator from leagues to withhold on an array of industry do not have sufficient means Minnesota. We will make sure you get amendments that were proposed. Now of emergency support outside of Fed- the 10 minutes tomorrow, hopefully, I we have an array of amendments here, eral aid. Many farmers were shocked to guess, in the morning. That way we can including one now by the Senator from find that their private insurance poli- recess before 6 o’clock and allow us to North Carolina having to do with cies, which do cover losses sustained greet Senator Mansfield. school construction. If we want to get due to fires, floods, and other natural Mr. DASCHLE. Reserving—— into a lot of these extraneous amend- disasters, will not cover damages sus- Mr. WELLSTONE. If I could say, the ments, I have a whole pot load of tained during ice storms. The states of understanding is I want a chance to amendments over here that we will New York, Maine and Vermont are of- speak before any vote on the IMF. begin offering. fering limited assistance to their dairy Mr. DASCHLE. Further reserving the So, Mr. President, I call for the reg- farmers, but additional Federal aid is right to object, just to clarify the pro- ular order under these circumstances sorely needed. posal made by the majority leader, I so we can go back to the business at Mr. President, I thank Senator STE- would assume there would then be no hand. The business at hand is to deal VENS and Senator BYRD for their assist- more votes tonight. with the IMF amendment and to get on ance with this amendment. Mr. LOTT. There will be no more with resolving these matters once and The PRESIDING OFFICER. Without votes when we come back in at 7:30, al- for all so we can finally come to clo- objection, the amendment is agreed to. though we need to cooperate with the ture on this legislation. I call for the The amendment (No. 2109) was agreed chairman of the Appropriations Com- regular order and hope that at long to. mittee and the ranking member to try last we can begin dealing with these Several Senators addressed the to identify those amendments that will issues one by one. Chair. The PRESIDING OFFICER. The reg- The PRESIDING OFFICER. The ma- have to be disposed of, will have to be voted on. I urge, again, all Senators—I ular order is amendment No. 2100. jority leader is recognized. Mr. DASCHLE. Mr. President, I sug- am not asking for amendments, but I gest the absence of a quorum. f am asking for cooperation in getting a The PRESIDING OFFICER. The UNANIMOUS-CONSENT limited number or identifying those clerk will call the roll. AGREEMENT—H.R. 2646 amendments we are going to have to The assistant legislative clerk pro- Mr. LOTT. Mr. President, I ask unan- have a vote on so we can complete ac- ceeded to call the roll. imous consent that the cloture vote tion on this emergency supplemental Mr. LOTT. Mr. President, I ask unan- scheduled to occur at 5:30 this evening appropriations bill. imous consent that the order for the be postponed to occur at a time to be Mr. DASCHLE. Mr. President, again quorum call be rescinded. determined by the majority leader reserving the right to object for pur- The PRESIDING OFFICER. Without after notification of the Democratic poses of clarification, is it now the un- objection, it is so ordered. leader. derstanding of the Chair that I will be f The PRESIDING OFFICER. Without recognized following the remarks made objection, it is so ordered. by the majority leader? RECESS f The PRESIDING OFFICER. Without Mr. LOTT. Mr. President, I ask unan- objection, it is so ordered. imous consent that the Senate stand in ORDER OF PROCEDURE Mr. STEVENS. Would the Senator recess until 7:30 p.m. Mr. LOTT. Mr. President, to notify just yield to me for one question of the There being no objection, at 5:40 all Members, we are working and get- majority leader? p.m., the Senate recessed until 7:30;

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2482 CONGRESSIONAL RECORD — SENATE March 24, 1998 whereupon, the Senate reassembled nesia that was resisting all of the at- ber the discussions that he and I had when called to order by the Presiding tempts by IMF to reform its economy. with various members of the South Pa- Officer (Mr. ALLARD). Others, including the Treasury, the cific community in Australia when we f distinguished chairman of the com- were down there earlier this year. This mittee, and many others who have certainly reflects the general feeling in SUPPLEMENTAL APPROPRIATIONS been interested in the International the Senate. FOR NATURAL DISASTERS AND Monetary Fund asked me to modify my OVERSEAS PEACEKEEPING EF- The Senator is to be congratulated amendment. I have done so, to make it for doing this. FORTS FOR FISCAL YEAR 1998 more narrow with respect to aid to the The PRESIDING OFFICER. The The Senate continued with consider- Soeharto family, narrow enough so I question is on agreeing to the amend- ation of the bill. must say, I think it is symbolic only, ment. AMENDMENT NO. 2102, AS MODIFIED but to require the United States not to The PRESIDING OFFICER. The favor any proposition with respect to The amendment (No. 2102), as modi- pending amendment is the Gorton Indonesia that is less stringent than fied, was agreed to. amendment No. 2102 to Senate bill 1768. those that the IMF is imposing on the Mr. GORTON. I move to reconsider The Senator from Washington is rec- Republic of Korea and the Philippine the vote. ognized. Republic, two of the closest allies and Mr. STEVENS. I move to lay it on Mr. GORTON. Mr. President, I ask best friends with the longest associa- the table. unanimous consent the yeas and nays tion with the United States of any of the countries of Southeast Asia. The motion to lay on the table was on that amendment be vitiated. agreed to. The PRESIDING OFFICER. Without With that motion, I understand the objection, it is so ordered. amendment is acceptable and will be The PRESIDING OFFICER. The Mr. GORTON. I send a modification adopted by a voice vote. But I do want pending amendment is the Faircloth of that amendment to the desk. to say that I know that I represent a amendment, No. 2103. The PRESIDING OFFICER. Without strong strain of opinion in this Senate Mr. STEVENS. I ask unanimous con- objection, the amendment is modified. that we should not be bailing out the sent that amendment might be tempo- The amendment, as modified, is as Soeharto family, even indirectly, rarily set aside. through our contributions to the Inter- follows: The PRESIDING OFFICER. Without national Monetary Fund. At the appropriate place, insert the fol- I want the message to be heard loud objection, it is so ordered. lowing: and clear in Jakarta that true reforms AMENDMENTS NOS. 2111 THROUGH 2116, EN BLOC SEC. . LIMITATIONS ON INTERNATIONAL MONE- TARY FUND LOANS TO INDONESIA. to its economy are absolutely essen- Mr. STEVENS. I will send to the The Secretary of the Treasury shall in- tial, that the International Monetary desk the managers’ package of amend- struct the United States Executive Director Fund and the United States are simply ments that have been cleared on both of the International Monetary Fund to use not interested in bailing out a family sides: The first amendment, for Mr. the voice and vote of the United States to enterprise—fortunes stolen through LEAHY, to eliminate the State match- prevent the extension of International Mone- corruption and inside dealing in the tary Fund resources— ing requirement with respect to certain way that has been all too true in Indo- amounts made available for fiscal year (1) directly to or for the direct benefit of nesia over the course of the past dec- the President of Indonesia or any member of 1998 for the Small Business Develop- the President’s family; and ades—that there is a difference among ment Center Program of the Small (2) The Secretary of the Treasury shall in- the countries seeking aid in Southeast Business Administration; the second struct the Executive Director to use the U.S. Asia from the International Monetary amendment, for Senators COVERDELL, voice and vote to oppose further disburse- Fund. I am told that in some respects COCHRAN, BUMPERS, BOXER, and ment of funds to Indonesia on any IMF terms the requirements being imposed on In- CLELAND, to provide additional funds or conditions less stringent than those im- donesia are tougher than those on posed on the Republic of Korea and the Phil- for emergency watershed and flood pre- South Korea and the Philippine Repub- vention separations and strike certain ippines Republic. lic. If so, that is fine. But I certainly Mr. GORTON. I ask unanimous con- earmarks from the bill; third is an don’t want us favoring Indonesia over amendment, for Senator KENNEDY, to sent Senator GREGG be added as a co- those two nations that have been our sponsor to the modified amendment. authorize the Secretary of Defense to allies for such an extended period of lease or create another type of short- The PRESIDING OFFICER. Without time. objection, it is so ordered. term interest in certain land near the So even if this amendment is only Massachusetts Military Reservation; Mr. GORTON. Earlier this afternoon, symbolic at this point—and it may fourth is, for Senators COATS and LIE- I introduced an amendment which very well be—I think the symbolism is BERMAN, to extend the National De- would have instructed the U.S. rep- important. I think that symbolism is resentative to the International Mone- fense Panel to the end of fiscal year vitally important. 1998; the fifth amendment is on behalf tary Fund to vote against any proposal I believe as a general proposition of Senators SHELBY, BYRD, BOXER, and with respect to Indonesia that would that it is in the interests of the United Senator DORGAN, to provide funds for have benefited President Soeharto or States to help the International Mone- emergency railroad rehabilitation and his family or his close associates. tary Fund help countries that are will- repair; the last amendment is on behalf I did so because it seemed to me that ing to try to help themselves out of a of Senators GREGG and HOLLINGS, to while several of the Nations in South- severe economic crisis, even selfishly allow the transfer of funds from var- east Asia that have been subjected to from the point of view of our own econ- ious agencies to the State Department these runs on their currency and to- omy and our own exporters who are al- to address the cost of departmental ward the present economic crisis were ready seeing, in increasing trade defi- overhead. close friends of the United States, had cits, the adverse impacts on trade in developed democratic institutions like the crisis in Southeast Asia. As I indicated, these have all been our own, were struggling toward free Certain IMF assistance is in the in- cleared on both sides. I ask for their markets like our own, this was not terest of the United States. Bailing out consideration. taking place in Indonesia. It was a the Soeharto family is not, and that is The PRESIDING OFFICER. The wholly-owned family subsidiary bene- what this amendment is designed to ac- clerk will report the amendments, en fiting largely the Soeharto family and complish. bloc. not the people of Indonesia. Mr. STEVENS. It is my under- The legislative clerk read as follows: I pointed out that it seemed to me standing that the amendment of Sen- unfair to impose heavy requirements ator GORTON has been cleared on both The Senator from Alaska [Mr. STEVENS] on friends of ours like the Republic of sides, and I know of no other debate. I proposes amendments No. 2111 through 2116, Korea and the Philippine Republic and congratulate the Senator for working en bloc. allow any IMF money to go to Indo- so hard on this amendment. I remem- The amendments are as follows:

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2483 AMENDMENT NO. 2111 lief in Georgia and for needs resulting ing flood control channels, berms and (Purpose: To eliminate the State matching from more recent disasters elsewhere? other related activities that will en- requirement with respect to certain And, if this assistance is provided at sure that this important watershed is amounts made available for fiscal year 1998 these levels, will it be sufficient to provided every protection possible. for the Small Business Development Cen- cover Georgia’s estimated disaster With this disaster assistance, we can ter program of the Small Business Admin- needs? begin the process of responding to this istration) Mr. COCHRAN. I would be happy to public health problem without delay At the appropriate place, insert the fol- agree to the amount necessary to cover and ensure that the citizens of Orange lowing: disaster assistance under the Emer- County will have continued confidence SEC. . Notwithstanding section 21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) gency Watershed and Flood Prevention in their water supplies. I express my or any other provision of law, of the amount Program for Georgia in the wake of its deep appreciation to the chairman, my made available under the Departments of recent flooding and tornado damage. In colleagues on the Committee, and the Commerce, Justice, and State, the Judiciary, response to the second question, it is U.S. Department of Agriculture for and Related Agencies Appropriations Act, my understanding currently that the their support of this appropriation. 1998 (Public Law 105–119) for the account for agricultural disaster needs of Georgia AMENDMENT NO. 2113 salaries and expenses of the Small Business will be sufficiently addressed with a (Purpose: To authorize the Secretary of De- Administration, to fund grants for perform- fense to acquire a lease or other short-term ance in fiscal year 1998 or fiscal year 1999 as total supplemental appropriation of interest in certain cranberry bogs near the authorized by section 21 of the Small Busi- $100 million in the Emergency Water- Massachusetts Military Reservation, Mas- ness Act (15 U.S.C. 648), any funds obligated shed and Flood Prevention account and sachusetts) or expended for the conduct of a pilot project $60 million in the Emergency Conserva- for a study on the current state of commerce tion Program. So, yes, Georgia’s needs On page 15, below line 21, add the fol- on the Internet in Vermont shall not be sub- will be accommodated, and the Sen- lowing: ject to a nonfederal matching requirement. SEC. 205. (a)(1) The Secretary of Defense ator’s work on behalf of his state is ap- may enter into a lease or acquire any other preciated. interest in the parcels of land described in AMENDMENT NO. 2112 Mr. COVERDELL. The Chairman’s paragraph (2). The parcels consist in aggre- (Purpose: To provide additional funds for assistance is greatly appreciated. Rest gate of approximately 90 acres. emergency Watershed and Flood Preven- assured these vital funds will go to The parcels of land referred to in para- tion Operations and to strike earmarks graph (1) are the following land used for the from the bill) good use in what has become a very trying year for Georgia farmers, and commercial production of cranberries: On page 4, line 1, beginning with the word (A) The parcels known as the Mashpee ‘‘of’’, strike all down through and including the Chairman’s leadership is especially bogs, located on the Quashup River adjacent the word ‘‘That’’ at the end of line 3. helpful to my state. to the Massachusetts Military Reservation, On page 6, line 6, strike ‘‘$50,000,000’’ and THE CHINO DAIRY PRESERVE IN SAN Massachusetts. insert ‘‘$100,000,000’’. BERNARDINO COUNTY (B) The parcels known as the Falmouth On page 6, line 7, beginning with the word Mrs. BOXER. Mr. President, one of bogs, located on the Coonamessett River ad- ‘‘of’’, strike all down through and including the consequences of the torrential jacent to the Massachusetts Military Res- the word ‘‘That’’ on line 10. ervation, Massachusetts. rains in Southern California has been (3) The term of any lease or other interest On page 6, line 12, strike ‘‘$50,000,000’’ and massive flooding. In the Chino Basin in insert ‘‘$100,000,000’’. acquired under paragraph (1) may not exceed San Bernardino County, we have a two years. Mr. COVERDELL. Mr. President, I dairy preserve that is home to more (4) Any lease or other real property inter- would first like to commend the chair- than 325 thousand dairy cows. Because est acquired under paragraph (1) shall be sub- man, Senator STEVENS for his atten- of the heavy rains, wastewater wash ject to such other terms and conditions as tion to Georgia disaster victims in this flows and related manure that are usu- are agreed upon jointly by the Secretary and the person or entity entering into the lease bill. I would also like to thank Senator ally stored in lagoons for subsequent COCHRAN for his fine work as Agri- or extending the interest. disposal, have become inundated caus- (b) Of the amounts appropriated or other- culture Subcommittee chairman in ing overflows. These overflows dis- wise made available for the Department of working through the many requests for charge into the Santa Ana River, Defense for fiscal year 1998, up to $2,000,000 assistance he has received. threatening the underlying aquifer and may be available to acquire the lease or Mr. COCHRAN. I thank the Senator. impairing the water quality. It is im- other interest acquired under subsection (a). Mr. COVERDELL. I would like to ask portant to note that the Santa Ana AMENDMENT NO. 2114 a question of Chairman COCHRAN if I River is a drinking water source for might. Is it the Senator’s under- (Purpose: To extend the National Defense more than 2 million citizens in Orange Panel to the end of fiscal year 1998) standing that the $40 million in the County, California. These threats in- Emergency Conservation Program ac- On page 15, after line 21, insert the fol- clude inorganic salts, parasites, bac- lowing: count and $10 million in the Emergency teria and viruses and can pollute drink- SEC. 205. (a) Section 924(j) of Public Law Watershed and Flood Prevention Pro- ing water with high levels of nitrates 104–201 (110 Stat. 2628) is amended to read as gram account we provided for the State that can be potentially fatal to infants. follows: of Georgia in the 1998 Emergency Sup- I would like to ask Senator COCHRAN, ‘‘(j) DURATION OF PANEL.—The Panel shall plemental Appropriations Bill is suffi- chairman of the Agriculture Appropria- exist until September 30, 1998, and shall terminate at the end of the day on such date.’’. cient to fully cover our losses. tions Subcommittee, a question. I have Mr. COCHRAN. The Senator from (b) The National Defense Panel established been told by the United States Depart- under section 924 of Public Law 104–201 shall Georgia is correct with regard to the ment of Agriculture that $5 million of be deemed to have continued in existence Emergency Conservation Program. Of- the amount requested by the Adminis- after the Panel submitted its report under ficials at the Department of Agri- tration for California from the United subsection (e) of such section until the Panel culture have reported that the $60 mil- States Department of Agriculture Nat- terminates under subsection (j) of such sec- lion that we provided for this program ural Resources Conservation Service tion as amended by subsection (a). will be more than sufficient to address Watershed and Flood Prevention Oper- Mr. COATS. Mr. President, the report Georgia’s disaster needs. Regarding the ations, is for the Chino Dairy Preserve of the National Defense Panel (NDP) Emergency Watershed and Flood Pre- in San Bernardino County. Is this the has been tremendously useful to the vention program, officials have re- understanding of the Chairman? Congress as we consider the national ported that Georgia will require ap- Mr. COCHRAN. Yes, I understand security requirements for our military proximately $25 million, according to that the United States Department of today, and into the 21st century. The the current estimates. Agriculture estimate includes $5 mil- termination of the National Defense Mr. COVERDELL. Would the Senator lion for the Chino Dairy Preserve in Panel (NDP) is extended through fiscal from Mississippi be willing to consider San Bernardino County. I support this year 1998 to provide additional details an amendment providing additional appropriation. on their deliberations. The members of funds for the Emergency Watershed Mrs. BOXER. I thank the chairman. the National Defense Panel have pro- and Flood Prevention account in order This $5 million will provide impor- vided insightful testimony on their as- to cover the $25 million needed for re- tant emergency work to begin repair- sessment of the scope scale, and pace of

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2484 CONGRESSIONAL RECORD — SENATE March 24, 1998 military transformation needed to ad- (b) Funds transferred pursuant to sub- of the International Monetary Fund to use dress the operational challenges of the section (a) shall not exceed $12,000,000, of aggressively the voice and vote of the United 21st century. They are also providing which not to exceed $3,500,000 may be trans- States to vigorously promote policies to— insights on transforming the defense ferred from the U.S. Information Agency, of (2) encourage the opening of markets for which not to exceed $3,600,000 may be trans- agricultural commodities and products by industrial base and infrastructure. The ferred from the Defense Intelligence Agency, requiring recipient countries to make efforts NDP will retain status, staff, and fa- of which not to exceed $1,600,000 may be to reduce trade barriers. cilities as directed in section 924 of the transferred from the Defense Security As- National Defense Authorization Act for sistance Agency, of which not to exceed AMENDMENT NO. 2118 1997. $900,000 may be transferred from the Peace Insert at the appropriate place in the IMF AMENDMENT NO. 2115 Corps, and of which not to exceed $500,000 title: (Purpose: To provide funds for emergency may be transferred from any other single SEC. . IMF INDUSTRY IMPACT TEAM.—(a) railroad rehabilitation and repair on Class agency listed in section 404(b) of P.L. 105–119. After consultation with the Secretary of the II and Class III railroads) (c) A transfer of funds pursuant to this sec- Treasury and the United States Trade Rep- tion shall not require any notification or (On page 45 of the bill, between lines 13 and resentative, the Secretary of Commerce certification to Congress or any committee 14, insert the following:) shall establish a team composed of employ- of Congress, notwithstanding any other pro- ees of the Department of Commerce— FEDERAL RAILROAD ADMINISTRATION visions of law. (1) to collect data on import volumes and EMERGENCY RAILROAD REHABILITATION AND prices, and industry statistics in— REPAIR The PRESIDING OFFICER. The (A) the steel industry; For necessary expenses to repair and re- question is on agreeing to the amendments en bloc. (B) the semiconductor industry; build freight rail lines of regional and short (C) the automobile industry; and line railroads or a State entity damaged by The amendments (Nos. 2111 through (D) the textile and apparel industry; floods, $10,600,000, to be awarded subject to 2116) were agreed to. (2) to monitor the effect of the Asian eco- the discretion of the Secretary on a case-by- Mr. STEVENS. I move to reconsider nomic crisis on these industries; case basis: Provided, That not to exceed the vote, and I move to lay that mo- (3) to collect accounting data from Asian $5,250,000 shall be solely for damage incurred tion on the table. producers; and in the Northern Plains States in March and The motion to lay on the table was (4) to work to prevent import surges in April 1997 and in California in January 1997 these industries or to assist United States and in West Virginia in September 1996: Pro- agreed to. Mr. STEVENS. I suggest the absence industries affected by such surges in their ef- vided further, That not less than $5,350,000 forts to protect themselves under the trade shall be solely for damage incurred in Fall of a quorum. laws of the United States. 1997 and Winter 1998 storms: Provided further, The PRESIDING OFFICER. The (b) The Secretary of Commerce shall pro- That funds provided under this head shall be clerk will call the roll. vide administrative support, including office available for rehabilitation of railroad The legislative clerk proceeded to space, for the team. rights-of-way, bridges, and other facilities call the roll. (c) The Secretary of the Treasury and the which are part of the general railroad system United States Trade Representative may as- of transportation, and primarily used by Mr. STEVENS. I ask unanimous consent that the order for the quorum call sign such employees to the team as may be railroads to move freight traffic: Provided necessary to assist the team in carrying out That railroad rights-of-way, bridges, be rescinded. further, its functions under subsection (a). and other facilities owned by class I rail- The PRESIDING OFFICER. Without roads are not eligible for funding under this objection, it is so ordered. AMENDMENT NO. 2119 head unless the rights-of-way, bridges or AMENDMENTS NOS. 2117 TO 2119, EN BLOC other facilities are under contract lease to a At an appropriate place, add the following: class II or class III railroad under which the Mr. STEVENS. I have additional ‘‘(c) BANKRUPTCY LAW REFORM.—The lessee is responsible for all maintenance amendments that have been cleared on United States shall exert its influence with costs of the line: Provided further, That rail- both sides. The first amendment, by the IMF and its members to encourage the road rights-of-way, bridges and other facili- Senator ASHCROFT, is on the IMF and IMF to include as part of its conditions of as- ties owned by passenger railroads, or by opening markets to agriculture; second sistance that the recipient country take ac- tourist, scenic, or historic railroads are not tion to adopt, as soon as possible, modern in- is an amendment by Senator HOLLINGS eligible for funding under this head: Provided solvency laws that— further, That these funds shall be available to send a Treasury team to collect data ‘‘(1) emphasize reorganization of business only to the extent an official budget request, on industry statistics and the impact enterprises rather than liquidation whenever for a specific dollar amount, that includes of the Asian economic crisis; and the possible; designation of the entire amounts as an last is an amendment by Senator ‘‘(2) provide for a high degree of flexibility emergency requirement as defined in the GRASSLEY, accompanied by a state- of action, in place of rigid requirements of Balanced Budget and Emergency Deficit ment that he wished to insert in the form or substance, together with appropriate Control Act of 1985, as amended, is trans- review and approval by a court and a major- RECORD before adoption of the amend- mitted by the President to the Congress: Pro- ity of the creditors involved; vided further, That the entire amount is des- ment regarding reforms in bankruptcy ‘‘(3) include provisions to ensure that as- ignated by Congress as an emergency re- laws. sets gathered in insolvency proceedings are quirement pursuant to section 251(b)(2)(A) of I send the package to the desk. accounted for and put back into the market the Balanced Budget and Emergency Deficit The PRESIDING OFFICER. Without stream as quickly as possible in order to Control Act of 1985, as amended: Provided fur- objection, the amendments will be con- maximize the number of businesses that can ther, That all funds made available under sidered en bloc. be kept productive and increase the number this head are to remain available until Sep- The clerk will please report. of jobs that can be saved; and tember 30, 1998: Provided further, that the The assistant legislative clerk read ‘‘(4) promote international cooperation in Secretary of Transportation shall report to insolvency matters by including— the House and Senate Appropriations Com- as follows: ‘‘(A) provisions set forth in the Model Law mittees not later than December 31, 1998, The Senator from Alaska [Mr. STEVENS] on Cross-Border Insolvency approved by the with recommendations on how future emer- proposes amendments Nos. 2117 through 2119, United Nations Commission on International gency railroad repair costs should be borne en bloc. Trade Law, including removal of discrimina- by the railroad industry and their under- The amendments are as follows: tory treatment between foreign and domes- writers. tic creditors in debt resolution proceedings; AMENDMENT NO. 2117 and AMENDMENT NO. 2116 (Purpose: To use the voice and vote of the ‘‘(B) other provisions appropriate for pro- At the appropriate place in the bill, insert United States to enhance the general effec- moting such cooperation. the following: tiveness of the International Monetary ‘‘The Secretary of the Treasury shall re- SEC. . (a) Any agency listed in section Fund) port back to Congress six months after the 404(b) of the Departments of Commerce, Jus- On page 8, after line 25, insert the fol- enactment of this Act, and annually, there- tice, and State, the Judiciary, and Related lowing new section and renumber the re- after, on the progress in achieving this re- Agencies Appropriations Act, 1998, P.L. 105– maining section accordingly: quirement.’’ 119, may transfer any amount to the Depart- SEC. . ADVOCACY OF POLICIES TO ENHANCE Mr. President, I rise to offer an ment of State, subject to the limitation of THE GENERAL EFFECTIVENESS OF amendment to the IMF funding amend- subsection (b) of this section, for the purpose THE INTERNATIONAL MONETARY for making technical adjustments to the FUND. ment offered by Senator HAGEL. The amounts transferred by section 404 of such The Secretary of the Treasury shall in- amendment I offer relates to interact. struct the United States Executive Director national bankruptcies. As chairman of

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2485 the Subcommittee on Administrative amendment tomorrow. It has not been tornadoes, floods and ice storms, from Oversight and the Courts, which has ju- cleared. Maine to Florida to California. risdiction over bankruptcy policy, I be- AMENDMENT NO. 2080 Apparently the Majority Leader is lieve that it is crucially important to Mr. KENNEDY. Mr. President, I op- prepared to delay this emergency ap- encourage the IMF to encourage na- posed the amendment by the Senator propriations bill with a totally unre- tions which seek IMF economic assist- from Missouri. The so-called ‘‘Family lated amendment. ance to implement meaningful bank- Friendly Workplace Act’’ is anything The inconsistency is obvious. The ruptcy and insolvency reforms. In fact, but family-friendly. It is anti-worker Majority will not permit debate on im- last year, I held extensive hearings on and anti-family, and it should not take portant education amendments, be- the subject of international bank- time away from this emergency appro- cause they do not want to delay tax ruptcies. To my surprise, I learned that priations bill. breaks to families who can afford to Wall Street analysts who assess how The amendment was offered three send their children to private school. risky it is to invest in a particular de- times in the last session, and each But when it comes to postponing essen- veloping country often look at the type time, my colleagues on the other side tial financial help to American soldiers of bankruptcy system in place. On the failed to invoke cloture. The reason is overseas, and American families at basis of these risk assessments, inves- clear: the ‘‘Family-Friendly Workplace home suffering from disastrous weath- tors decide whether to invest in a par- Act’’ has an appealing title, but appall- er conditions—that is acceptable to my ticular country. In other words, banking substance. It will never become Republican friends. Those on the other ruptcy reform will encourage private law—nor should it. side of the aisle may find this approach development and investment in emerg- This amendment was offered last satisfactory, but those on this side ing economies. My amendment has June while we were debating another couldn’t disagree more. Now, I’d like to offer a few words on been developed to encourage the kind necessary appropriations bill. That bill the substance of the amendment. Just of bankruptcy reform which will in provided billions of dollars of relief to a brief review demonstrates why it is turn encourage increased private in- Americans in the Midwest, who were unacceptable, and why it will never be- vestment. suffering the devastating effects of As I said, the lack of a developed income law. floods. Yet my colleagues on the other First, the amendment is a pay cut for solvency system to deal with business side insisted on delaying that emer- 65 million American workers. The so- failures has frequently been cited as an gency legislation, so they could offer called ‘‘biweekly work schedule’’ lets aggravating factor in the Asian finan- this amendment. employers schedule workers for 60, 70, On this side of the aisle, we stood up cial crisis. Without effective legal pro- even 80 hours in a single week. Employ- to the opposition. We said ‘‘no.’’ We cedures to deal with bankruptcies, jobs ers pay every hour at the employee’s are needlessly lost and creditors are said that Americans in the Dakotas regular rate, as long as the total num- needlessly denied access to corporate and Minnesota desperately needed help. ber of hours worked in a two-week pe- assets. By encouraging the IMF to push They needed assistance to recover their riod does not exceed 80. Under current for meaningful bankruptcy reform in homes, their property and their lives. law, every hour worked over 40 must be economically troubled nations, we will We defeated the opposition’s efforts to paid at time-and-a-half. This proposal strengthen the global marketplace and jam this bill through the Senate. would abolish that guarantee. provide much-needed certainty to Each time the legislation was of- Second, the amendment cuts bene- international investors. fered, we defeated it. Finally, last fits. In many industries, health and re- The amendment I will offer has been June, the bill’s supporters withdrew. tirement benefits are based on the developed in conjunction with the Of- We thought we had seen the last of this number of hours that employees fice of Legal Advisor in the State De- regressive legislation. worked. But the amendment does not partment as well as specialists in the But no, here we go again. Another es- guarantee that ‘‘comp time’’ or ‘‘flexi- field of international bankruptcies who sential appropriations measure is on ble credit hours’’ must be considered have direct, first-hand experience the floor, and what do my friends on ‘‘hours worked’’ for these important working with the bankruptcy and in- the other side do? They return to this purposes. The result could be lower solvency systems in the troubled Asian anti-worker, anti-family amendment. pensions and fewer health benefits. nations. So, I believe my amendment We won’t let it happen this time, any This does not help working families. will result in positive and meaningful more than we did last June. The amendment does not even assure change. I urge the passage of my Before I discuss the fatal flaws in employees an increase in time off. If an amendment. this legislation, let me make one addi- employee takes 8 hours of comp time The PRESIDING OFFICER. The tional point. For the past ten days, the on a Monday in order to spend time question is on agreeing to the amend- Senate has been trying to consider an with her family, the employer is free to ments. education bill. Throughout that period, force the employee to work on Satur- The amendments (Nos. 2117 through the Majority Leader has insisted that day to make up for the lost time. The 2119) were agreed to. only amendments ‘‘germane’’ to the employer does not even have to pay Mr. STEVENS. I move to reconsider bill should be discussed. He refuses to time-and-a-half for the hours worked the vote, and I move to lay the motion allow those on this side to discuss on Saturday. The comp time hours on the table. amendments addressing the nation’s used on Monday do not count toward The motion to lay on the table was crumbling public schools. He won’t the 40-hour week. This does not help agreed to. allow debate on amendments dealing working families. AMENDMENT NO. 2120 with reducing class size. And he blocks Despite supporters’ claims, this pro- (Purpose: To strike unrelated and discussion of amendments meant to en- vision does not move the Fair Labor unnecessary HCFA funding from the bill) courage more college graduates to be- Standards Act into the 21st century. Mr. STEVENS. Mr. President, I send come teachers. Instead, it turns back the clock, and an amendment to the desk on behalf of Somehow, these education amend- makes it harder for workers to juggle Senator NICKLES. ments aren’t important enough to war- the obligations of their job with the de- The PRESIDING OFFICER. The rant consideration on the floor of the mands of their family. clerk will report. Senate. The Majority will not allow Third, the proposal abolishes the 40- The legislative clerk read as follows: full and fair debate on these significant hour week. That protection has been The Senator from Alaska (Mr. STEVENS), policy issues. basic to employee-employer relations for Mr. NICKLES, proposes an amendment But there is a double standard at for nearly 60 years. Yet the Repub- numbered 2120. On page 39, strike beginning with line 21 work. The appropriations measure cur- licans want to return to the days when through line 24. rently before us is an emergency meas- employees could be forced to work On page 50, strike beginning with line 20 ure. It provides essential support to from sunup to sundown, day after day. through line 24. our troops in Bosnia and other troubled This does not help modern working Mr. STEVENS. Mr. President, Sen- areas of the world. And, it gives emer- families juggle their obligations at ator NICKLES intends to raise that gency relief to families devastated by home and at work.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2486 CONGRESSIONAL RECORD — SENATE March 24, 1998 Finally, the amendment does not it ever reach his desk. But it should period of morning business with Sen- guarantee employee choice. The em- never leave the Senate. ators permitted to speak therein for up ployer chooses who works overtime and The Senate was right to reject this to 5 minutes each. when an employee can use accrued proposal last year, and we would have The PRESIDING OFFICER. Without comp time. The employer is free to as- done so again today. objection, it is so ordered. sign all the overtime work to employ- DISASTER RELIEF NEEDS OF U.S. MILITARY f ees who will accept comp time. Those INSTALLATIONS IN CALIFORNIA ANNIVERSARY OF THE EDISON, employees who need the money the Mrs. BOXER. Mr. President, as I did NJ, PIPELINE ACCIDENT most, who can’t afford to take time off, during the Appropriations Committee would be hurt the most. Their pay- mark-up of the emergency supple- Mr. LOTT. Mr. President, I rise today checks would be smaller. This is dis- mental bill, I wanted to take a few mo- to recognize the anniversary of the crimination, and it is wrong—but the ments and thank Senator STEVENS and tragic and frightening natural gas ex- proposal does nothing to prevent it. Senator BYRD for their efforts on this plosion that occurred four years ago And nothing in the proposal guaran- important legislation. Once again, my near Edison, New Jersey. According to tees that workers can take time off state of California will be able to re- the National Transportation Safety when they want to or need to. The pro- bound from a devastating natural dis- Board, that accident was caused by a posal does not guarantee any worker aster, thanks to the leadership of these gouge in a major natural gas pipeline the right to use compensatory time two distinguished Senators. from unreported external damage dur- under any circumstances. Even if the One of the consequences of El Nino ing excavation. This dramatic accident employee has a legal right under the has been extensive damage to the mili- caused Congress to focus on under- Family and Medical Leave Act to take tary infrastructure in my state. High ground damage prevention. time off, the amendment does not give winds and massive flooding have left a Mr. President, I knew then that we the employee the right to use earned trail of destruction that must be ad- needed to act to prevent future damage compensatory hours for that purpose. dressed. This legislation includes im- to the American underground infra- This amendment is a cruel hoax. It portant disaster funding that is critical structure. I started working with Sen- does not help working men, it does not to the readiness of our Armed Forces ator Bradley and Senator LAUTENBERG help working women, and it does not and to the quality of life of our mili- to develop ‘‘one-call’’ legislation to im- help working families. tary personnel. prove state laws so as to require exca- Many organizations that have his- I was pleased that the administration vators to call before they dig, and facil- torically struggled for the rights of requested $50 million in contingency ity owners to mark their underground working women and their families rec- funding for El Nino related disasters. I facilities accurately when notified. In ognize the fatal flaws in this proposal. am also thankful that a portion of spite of the clear need to act to reduce 9 to 5, the National Association of these funds have been designated to re- the number of dangerous and disrup- Working Women; the American Nurses pair Marine Corps facilities and Air tive accidents at our underground fa- Association; the Business and Profes- Force family housing in California. cilities, the consensus needed to pass a sional Women; the National Council of However, it is my understanding that one-call bill has eluded Congress for Jewish Women; the National Women’s damage estimates from California are four years. This Congress is going to be Law Center; the Women’s Legal De- still evolving and it is likely that the different. fense Fund; the League of Women Vot- current allotment for California will Mr. President, the Senate has twice ers; the American Association of Uni- not be sufficient. passed a one-call bill in this Congress. versity Women—the list goes on and I would like to ask Senator STEVENS, The Senate has made a great start. The on. Chairman of the Appropriations Com- Senate has a bipartisan bill. The Sen- These organizations have fought for mittee, if it is his intention during con- ate has a bill passed by all 100 mem- years to improve working women’s ference committee to increase disaster bers. The Lott-Daschle one-call bill lives on the job and in the home. They funding for California military instal- (S.1115) passed the Senate unani- have supported affordable and high- lations when better estimates from the mously. In the House, the Baker-Pal- quality child care. They have sup- Defense Department are made avail- lone one-call bill (H.R. 3318) is moving ported a living wage on the job. They able? ahead. I believe this legislation is a were in the forefront of the battle to Mr. STEVENS. Mr. President, in the compatible component for the ISTEA achieve Family and Medical Leave. bill being reported by the House today, bill. There is an overwhelming logic From pay equity to pension equity to the House of Representatives has in- that as this Congress deals with the equal opportunity at home and at cluded additional funds for damages in- surface infrastructure it should deal work, these organizations and others curred from these storms. This amount with our underground infrastructure. like them have worked tirelessly with is based on updated figures that have ISTEA is the right legislative vehicle and for working women. become available, subsequent to the for one-call. Yet these groups uniformly oppose President’s submission to the Congress. I promised my good friend, Bill Brad- this proposal. Last spring they sent a Mrs. BOXER. Mr. President, I thank ley, when he left the Senate that I letter to Senators LOTT and DASCHLE, my friend, Chairman STEVENS, for his would continue the legislative effort. expressing their belief that the bill continued leadership. His assistance is This Congress is not going to let an- ‘‘fails to offer real flexibility to the greatly appreciated. These funds are other anniversary pass without enact- working women it purports to help very important to California and to ing a one-call bill into law. This Con- while offering a substantial windfall to those serving our nation in the Armed gress will not turn its back on Edison, employers.’’ Forces. New Jersey. This Congress will not These organizations understand that Mr. STEVENS. Mr. President, I sug- turn its back on a common sense safety working women may want more time gest the absence of a quorum. procedure. This Congress will not allow with their families, but they cannot af- The PRESIDING OFFICER. The future Americans to be subjected to ford to give up overtime pay. As the clerk will call the roll. the tragic consequences of an avoidable letter to Senators LOTT and DASCHLE The legislative clerk proceeded to natural gas explosion. explained, ‘‘Women want flexibility in call the roll. f the workplace, but not at the risk of Mr. STEVENS. Mr. President, I ask THE VERY BAD DEBT BOXSCORE jeopardizing their overtime pay or the unanimous consent that the order for well-established 40-hour work week.’’ the quorum call be rescinded. Mr. HELMS. Mr. President, at the Democrats in Congress understand The PRESIDING OFFICER. Without close of business yesterday, Monday, these concerns, and we are prepared to objection, it is so ordered. March 23, 1998, the federal debt stood at honor them. Unfortunately, this legis- f $5,539,832,909,123.38 (Five trillion, five lation either ignores these problems or hundred thirty-nine billion, eight hun- makes them worse. MORNING BUSINESS dred thirty-two million, nine hundred This is a bad bill, and the President Mr. STEVENS. Mr. President, I ask nine thousand, one hundred twenty- has rightly promised to veto it should unanimous consent that there now be a three dollars and thirty-eight cents).

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2487 Five years ago, March 23, 1993, the ruary 26, 1998; to the Committee on Agri- EC–4392. A communication from the Sec- federal debt stood at $4,219,501,000,000 culture, Nutrition, and Forestry. retary of Defense, transmitting, pursuant to (Four trillion, two hundred nineteen EC–4376. A communication from the Chair- law, a report relative to AGR personnel; to man and Chief Executive Officer, Farm Cred- the Committee on Armed Services. billion, five hundred one million). it Administration, transmitting, pursuant to EC–4393. A communication from the Sec- Ten years ago, March 23, 1988, the law, a notice relative to 1998 salary range retary of Defense, transmitting, pursuant to federal debt stood at $2,481,367,000,000 structure; to the Committee on Agriculture, law, a report relative to the Manufacturing (Two trillion, four hundred eighty-one Nutrition, and Forestry. Technology Program; to the Committee on billion, three hundred sixty-seven mil- EC–4377. A communication from the Chair- Armed Services. lion). man and Chief Executive Officer, Farm Cred- EC–4394. A communication from the Sec- Fifteen years ago, March 23, 1983, the it Administration, transmitting, pursuant to retary of Defense, transmitting, pursuant to federal debt stood at $1,229,199,000,000 law, the annual report of the performance law, a report relative to the Research Work- plan for fiscal year 1999; to the Committee on ing Group of the interagency Persian Gulf (One trillion, two hundred twenty-nine Agriculture, Nutrition, and Forestry. Veterans’ Coordinating Board; to the Com- billion, one hundred ninety-nine mil- EC–4378. A communication from the Chief, mittee on Armed Services. lion). Programs and Legislation Division, Office of EC–4395. A communication from the Sec- Twenty-five years ago, March 23, Legislative Liaison, Department of the Air retary of Defense, transmitting, pursuant to 1973, the federal debt stood at Force, transmitting, pursuant to law, the re- law, a report relative to the Joint Demili- $457,287,000,000 (Four hundred fifty- port of a cost comparison; to the Committee tarization Technology Program; to the Com- seven billion, two hundred eighty-seven on Armed Services. mittee on Armed Services. EC–4379. A communication from the Chief, EC–4396. A communication from the Ad- million) which reflects a debt increase Programs and Legislation Division, Office of ministrator of the Foreign Agricultural of more than $5 trillion— Legislative Liaison, Department of the Air Service, Department of Agriculture, trans- $5,082,545,909,123.38 (Five trillion, Force, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule eighty-two billion, five hundred forty- port of a cost comparison; to the Committee received on March 18, 1998; to the Committee five million, nine hundred nine thou- on Armed Services. on Agriculture, Nutrition, and Forestry. sand, one hundred twenty-three dollars EC–4380. A communication from the Gen- EC–4397. A communication from the Gen- and thirty-eight cents) during the past eral Counsel of the Department of Defense, eral Sales Manager and Vice President of the Commodity Credit Corporation, Foreign Ag- 25 years. transmitting, a draft of proposed legislation relative to Congressionally-mandated report- ricultural Service, Department of Agri- f ing requirements; to the Committee on culture, transmitting, pursuant to law, the Armed Services. report of a rule received on March 18, 1998; to MESSAGES FROM THE PRESIDENT EC–4381. A communication from the Gen- the Committee on Agriculture, Nutrition, Messages from the President of the eral Counsel of the Department of Defense, and Forestry. United States were communicated to transmitting, a draft of proposed legislation EC–4398. A communication from the Ad- the Senate by Mr. Williams, one of his relative to authorize military construction; ministrator of Rural Development, Depart- secretaries. to the Committee on Armed Services. ment of Agriculture, transmitting, pursuant EC–4382. A communication from the Gen- to law, a report of a rule received on March EXECUTIVE MESSAGES REFERRED eral Counsel of the Department of Defense, 10, 1998; to the Committee on Agriculture, As in executive session the Presiding transmitting, a draft of proposed legislation Nutrition, and Forestry. Officer laid before the Senate messages entitled the ‘‘National Defense Authoriza- EC–4399. A communication from the Con- from the President of the United tion Act for Fiscal Year 1999’’; to the Com- gressional Review Coordinator, Animal and States submitting sundry nominations mittee on Armed Services. Plant Health Inspection Service, Department EC–4383. A communication from the Direc- of Agriculture, transmitting, pursuant to which were referred to the appropriate tor of the Office of the Secretary of Defense law, a report of a rule received on February committees. (Administration and Management), trans- 24, 1998; to the Committee on Agriculture, (The nominations received today are mitting, pursuant to law, a report of a rule Nutrition, and Forestry. printed at the end of the Senate pro- received on February 25, 1998; to the Com- EC–4400. A communication from the Con- ceedings.) mittee on Armed Services. gressional Review Coordinator, Animal and EC–4384. A communication from the Direc- Plant Health Inspection Service, Department f tor of the Office of the Secretary of Defense of Agriculture, transmitting, pursuant to MESSAGE FROM THE HOUSE (Administration and Management), trans- law, the reports of two rules received on mitting, pursuant to law, a report of a rule March 10, 1998; to the Committee on Agri- ENROLLED BILL SIGNED received on February 25, 1998; to the Com- culture, Nutrition, and Forestry. At 4:03 p.m. a message from the mittee on Armed Services. EC–4401. A communication from the Con- House of Representatives, delivered by EC–4385. A communication from the Direc- gressional Review Coordinator, Animal and Mr. Hays, one of its reading clerks, has tor of the Office of the Secretary of Defense Plant Health Inspection Service, Department announced that the Speaker has signed (Administration and Management), trans- of Agriculture, transmitting, pursuant to the following enrolled bill: mitting, pursuant to law, a report entitled law, the report of a rule received on March ‘‘Extraordinary Contractual Actions to Fa- 11, 1998; to the Committee on Agriculture, S. 758. An act to make certain technical cilitate the National Defense’’; to the Com- Nutrition, and Forestry. connections to the Lobbying Disclosure Act mittee on Armed Services. EC–4402. A communication from the Con- of 1995. EC–4386. A communication from the Sec- gressional Review Coordinator, Animal and The enrolled bill was signed subse- retary of Defense, transmitting, notices rel- Plant Health Inspection Service, Department quently by the President pro tempore ative to retirement; to the Committee on of Agriculture, transmitting, pursuant to law, the report of a rule received on March (Mr. THURMOND). Armed Services. EC–4387. A communication from the Sec- 20, 1998; to the Committee on Agriculture, f retary of Defense, transmitting, pursuant to Nutrition, and Forestry. EXECUTIVE AND OTHER law, a report on the numbers of military EC–4403. A communication from the Ad- technician positions; to the Committee on ministrator of the Agricultural Marketing COMMUNICATIONS Armed Services. Service, Department of Agriculture, trans- The following communications were EC–4388. A communication from the Sec- mitting, pursuant to law, a report of a rule laid before the Senate, together with retary of Defense, transmitting, pursuant to received on February 25, 1998; to the Com- accompanying papers, reports, and doc- law, a report relative to the DDG-51 pro- mittee on Agriculture, Nutrition, and For- gram; to the Committee on Armed Services. estry. uments, which were referred as indi- EC–4389. A communication from the Sec- EC–4404. A communication from the Ad- cated: retary of Defense, transmitting, pursuant to ministrator of the Agricultural Marketing EC–4374. A communication from the Direc- law, a report relative to commissary stores; Service, Department of Agriculture, trans- tor of the Office of Management and Budget, to the Committee on Armed Services. mitting, pursuant to law, the reports of Executive Office of the President, transmit- EC–4390. A communication from the Sec- three rules received on March 3, 1998; to the ting, pursuant to law, a report entitled ‘‘The retary of Defense, transmitting, pursuant to Committee on Agriculture, Nutrition, and Economic Effects of the Northeast Interstate law, a report relative to DOD purchases; to Forestry. Dairy Compact’’; to the Committee on Agri- the Committee on Armed Services. EC–4405. A communication from the Ad- culture, Nutrition, and Forestry. EC–4391. A communication from the Sec- ministrator of the Agricultural Marketing EC–4375. A communication from the Assist- retary of Defense, transmitting, pursuant to Service, Department of Agriculture, trans- ant Administrator, U.S. Environmental Pro- law, a report relative to the F-22 aircraft mitting, pursuant to law, the report of a rule tection Agency, transmitting, pursuant to program; to the Committee on Armed Serv- received on March 10, 1998; to the Committee law, the report of a rule received on Feb- ices. on Agriculture, Nutrition, and Forestry.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2488 CONGRESSIONAL RECORD — SENATE March 24, 1998 EC–4406. A communication from the Ad- pursuant to law, the report of a rule received the United States Congress to remove the fi- ministrator of the Agricultural Marketing on March 23, 1998; to the Committee on En- nancial assistance necessary to grow the to- Service, Department of Agriculture, trans- ergy and Natural Resources. bacco crop; and be it further mitting, pursuant to law, the report of a rule EC–4420. A communication from the Direc- Resolved, That suitable copies of this reso- received on March 18, 1998; to the Committee tor of the Office of Rulemaking Coordina- lution, duly authenticated by the Secretary on Agriculture, Nutrition, and Forestry. tion, Department of Energy, transmitting, of State, be transmitted to Honorable Wil- EC–4407. A communication from the Ad- pursuant to law, the report of a rule received liam J. Clinton, President of the United ministrator of the Agricultural Marketing on March 23, 1998; to the Committee on En- States; the President of the United States Service, Department of Agriculture, trans- ergy and Natural Resources. Senate; the Speaker of the House of Rep- mitting, pursuant to law, the report of a rule EC–4421. A communication from the Acting resentatives of the United States; the Speak- received on March 18, 1998; to the Committee Assistant Secretary for Fish and Wildlife and er of the House or the equivalent officer in on Agriculture, Nutrition, and Forestry. Parks, Department of the Interior, transmit- the 49 other states; the President of the Sen- EC–4408. A communication from the Ad- ting, a draft of proposed legislation entitled ate or the equivalent officer in the 49 other ministrator of the Farm and Foreign Agri- ‘‘Hawaii Volcanoes National Park Adjust- states; and each member of the Maine Con- cultural Services, Department of Agri- ment Act of 1998’’; to the Committee on En- gressional Delegation. culture, transmitting, pursuant to law, the ergy and Natural Resources. report of a rule received on March 3, 1998; to EC–4422. A communication from the Direc- POM–360. A joint resolution adopted by the the Committee on Agriculture, Nutrition, tor of the Office of Regulatory Management Legislature of the State of New Hampshire; and Forestry. and Information, U.S. Environmental Pro- to the Committee on Armed Services. EC–4409. A communication from the Ad- tection Agency, transmitting, pursuant to HOUSE JOINT RESOLUTION 24 ministrator of the Farm and Foreign Agri- law, the report of three rules received on Whereas, the State of New Hampshire was cultural Services, Department of Agri- March 20, 1998; to the Committee on Environ- the ninth state to enter the union; and culture, transmitting, pursuant to law, the ment and Public Works. Whereas, the first-in-the-nation New EC–4423. A communication from the Assist- report of a rule received on March 5, 1998; to Hampshire presidential primary plays a vital ant Secretary of Legislative Affairs, Depart- the Committee on Agriculture, Nutrition, role in the election of our nation’s presi- ment of State, transmitting, pursuant to and Forestry. dents; and EC–4410. A communication from the Ad- law, the notice of the proposed issuance of an Whereas, 59 servicemen from New Hamp- ministrator of the Farm and Foreign Agri- export license; to the Committee on Foreign shire have earned the United States highest cultural Services, Department of Agri- Relations. military honor, the Congressional Medal of culture, transmitting, pursuant to law, the f Honor; and report of a rule received on March 5, 1998; to PETITIONS AND MEMORIALS Whereas, since June 12, 1800, the Ports- the Committee on Agriculture, Nutrition, mouth Naval Shipyard has provided invalu- and Forestry. The following petitions and memo- able service to the fleet; and EC–4411. A communication from the Ad- rials were laid before the Senate and Whereas, New Hampshire was the home of ministrator of the Food Safety and Inspec- Franklin Pierce, the fourteenth president of tion Service, Department of Agriculture, were referred or ordered to lie on the table as indicated: the United States; and transmitting, pursuant to law, the report of Whereas, New Hampshire veterans have POM–357. A petition from the Lithuanian a rule received on March 2, 1998; to the Com- fought for the United States in every major American Council, Inc. of Cicero, Illinois rel- mittee on Agriculture, Nutrition, and For- conflict in American history; and estry. ative to the East Prussia, Kaliningrad Re- Whereas, the people of New Hampshire are EC–4412. A communication from the Ad- gion; to the Committee on Foreign Rela- extremely proud of their service members ministrator of the Food Safety and Inspec- tions. who today serve in all corners of the world; POM–358. A petition from a citizen of the tion Service, Department of Agriculture, and transmitting, pursuant to law, the report of State of Texas relative to the Congressional Whereas, the United States Navy has not a rule received on March 6, 1998; to the Com- Record and the Journal of the U.S. Senate; had a commissioned vessel in its fleet hon- mittee on Agriculture, Nutrition, and For- to the Committee on Rules and Administra- oring the state of New Hampshire since May estry. tion. 21, 1921; now, therefore, be it EC–4413. A communication from the Ad- POM–359. A joint resolution adopted by the Resolved by the Senate and House of Rep- ministrator of the Food Safety and Inspec- Legislature of the State of Maine; to the resentatives in General Court convened, That tion Service, Department of Agriculture, Committee on Agriculture, Nutrition, and the state of New Hampshire encourages the transmitting, pursuant to law, the report of Forestry. Department of the Navy to name a vessel in a rule received on March 13, 1998; to the Com- JOINT RESOLUTION its fleet the U.S.S. New Hampshire; and mittee on Agriculture, Nutrition, and For- Whereas, tobacco is addictive and detri- That copies of this resolution signed by the estry. mental to people’s health; and governor, the speaker of the house, and the EC–4414. A communication from the Man- Whereas, people of all ages are affected by president of the senate be forwarded by the ager of the Federal Crop Insurance Corpora- the use of tobacco; and house clerk to each member of the New tion, Department of Agriculture, the report Whereas, the United States Secretary of Hampshire congressional delegation to be of a rule received on March 3, 1998; to the Agriculture sets price supports for tobacco; forwarded to the Secretary of the Navy for Committee on Agriculture, Nutrition, and authorizes loans to tobacco producers; pro- consideration and appropriate action. Forestry. vides noninsured crop disaster assistance; EC–4415. A communication from the Man- and, through the Commodity Credit Corpora- f ager of the Federal Crop Insurance Corpora- tion, provides federal crop insurance for to- tion, Department of Agriculture, the report bacco producers; and REPORTS OF COMMITTEE of a rule received on March 10, 1998; to the Whereas, the State of Maine, the 49 other The following report of committee Committee on Agriculture, Nutrition, and states and the Federal Government have was submitted: Forestry. spent billions of dollars collectively on EC–4416. A communication from the Man- health care costs related to tobacco; and By Mr. STEVENS, from the Committee on ager of the Federal Crop Insurance Corpora- Whereas, farms with fertile soil grow over Appropriations: tion, Department of Agriculture, the report a ton of tobacco per acre; and Special Report entitled ‘‘Further Revised of a rule received on March 16, 1998; to the Whereas, 124,000 farms in the United States Allocation to Subcommittees of Budget To- Committee on Agriculture, Nutrition, and grow a total of 1.65 billion pounds of tobacco tals from the Concurrent Resolution for Fis- Forestry. annually; and cal Year 1998’’ (Rept. No. 105–172). EC–4417. A communication from the Man- Whereas, the $358.5 billion settlement from f ager of the Federal Crop Insurance Corpora- tobacco companies to the states could be tion, Department of Agriculture, the reports used by producers to grow food crops; and INTRODUCTION OF BILLS AND of twenty-two rules received on February 23, Whereas, the tobacco quota rights program JOINT RESOLUTIONS 1998; to the Committee on Agriculture, Nu- gives producers permission to grow tobacco The following bills and joint resolu- trition, and Forestry. at $8 per pound and gives transition pay- tions were introduced, read the first EC–4418. A communication from the Acting ments to producers who lease the quota and second time by unanimous con- Director of the Office of Sustainable Fish- rights; and eries, National Marine Fisheries Service, De- Whereas, the price paid to tobacco pro- sent, and referred as indicated: partment of Commerce, transmitting, pursu- ducers for tobacco will fall if the price sup- By Mr. ABRAHAM (for himself, Mr. ant to law, the report of a rule received on port is eliminated; and LEVIN, Mr. LEAHY, Mr. SANTORUM, March 23, 1998; to the Committee on Com- Whereas, federal price supports are critical Mr. DEWINE, Mr. GLENN, Mr. COATS, merce, Science, and Transportation. and producers will not grow tobacco without Mr. KOHL, Mr. GORTON, and Mr. EC–4419. A communication from the Direc- this assistance; now, therefore, be it GRAMS): tor of the Office of Rulemaking Coordina- Resolved, That We, your Memorialists, re- S. 1823. A bill to amend the National Sea tion, Department of Energy, transmitting, quest the President of the United States and Grant College Program Act with respect to

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the treatment of Lake Champlain; to the ((tetrahydro-3-oxo-1h,3H-(1,3,4) DUTY SUSPENSION LEGISLATION Committee on Commerce, Science, and thiadiazolo(3,4-A)pyridazin-1- Mr. THURMOND. Mr. President, I Transportation. ylidene)amino)phenyl)thio)-,methyl ester; to By Mr. TORRICELLI (for himself and the Committee on Finance. rise today to introduce three bills Mr. LAUTENBERG): S. 1843. A bill to suspend temporarily the which will temporarily suspend the du- S. 1824. A bill to amend the Harmonized duty on acetic acid, ((5-chloro-8-quino- ties on parts used to manufacture loud- Tariff Schedule of the United States to pro- linyl)oxy)-1-methyhexyl ester; to the Com- speakers. Currently, these parts are vide duty-free treatment for certain skating mittee on Finance. imported into the United States. boots used for in-line skates; to the Com- S. 1844. A bill to suspend temporarily the The three items which will receive duty on calcium oxytetracycline; to the mittee on Finance. temporary duty suspensions are cer- By Mrs. MURRAY (for herself, Mr. Committee on Finance. MURKOWSKI, and Mr. SARBANES): S. 1845. A bill to suspend temporarily the tain electrical transformers, loud- S. 1825. A bill to amend title 10, United duty on Tinopal CBS-X; to the Committee on speakers not mounted in their enclo- States Code, to provide sufficient funding to Finance. sures, and parts for loudspeakers. The assure a minimum size for honor guard de- S. 1846. A bill to suspend temporarily the tariffs on these items are scheduled for tails at funerals of veterans of the Armed duty on 2,4 dichloro 3,5 dinitro elimination in the Information Tech- Forces, to establish the minimum size of benzotrifluoride; to the Committee on Fi- nology Agreement II that is currently nance. such details, and for other purposes; to the being negotiated in the World Trade Committee on Armed Services. S. 1847. A bill to suspend temporarily the By Mr. MOYNIHAN (for himself, Mr. duty on streptomycin sulfate; to the Com- Organization. D’AMATO, Mr. LAUTENBERG, and Mr. mittee on Finance. Mr. President, suspending the duty TORRICELLI): S. 1848. A bill to suspend temporarily the on these items will allow a South Caro- S. 1826. A bill to amend the Harmonized duty on propanoic acid, 2-(4-((5-chloro-3- lina industry to be competitive in the Tariff Schedule of the United States to sus- fluor-2-pyridinyl)oxy)-phenoxyl)-2-propynyl world marketplace. I hope the Senate pend temporarily the duty on personal ef- ester; to the Committee on Finance. S. 1849. A bill to suspend temporarily the will consider these measures expedi- fects of participants in the 1999 Women’s tiously. World Cup; to the Committee on Finance. duty on trifluoromethylaniline; to the Com- By Mr. HELMS: mittee on Finance. Mr. President, I ask unanimous con- S. 1827. A bill to suspend temporarily the S. 1850. A bill to suspend temporarily the sent that the text of the bills be print- duty on dialklnaphthalene suflonic acid so- duty on mucochloric acid; to the Committee ed in the RECORD. on Finance. dium salt; to the Committee on Finance. There being no objection, the bills S. 1828. A bill to suspend temporarily the By Mr. MACK (for himself and Mr. duty on sodium N-methyl-N-oleoly taurate; GRAHAM): were ordered to be printed in the to the Committee on Finance. S. 1851. A bill to suspend temporarily the RECORD, as follows: S. 1829. A bill to suspend temporarily the duty on certain rocket engines; to the Com- S. 1852 duty on O-(6-chloro-3-phenyl-4-pyridazinyl)- mittee on Finance. Be it enacted by the Senate and House of Rep- S-0ctyl-carbonothioate; to the Committee on By Mr. THURMOND: resentatives of the United States of America in Finance. S. 1852. A bill to suspend temporarily the S. 1830. A bill to suspend temporarily the duty on parts for use in the manufacture of Congress assembled, duty on 4-cyclopropyl-6-methyl-2- loudspeakers; to the Committee on Finance. SECTION 1. SUSPENSION OF DUTY ON PARTS FOR phenylamino-pyrimidine; to the Committee S. 1853. A bill to suspend temporarily the USE IN THE MANUFACTURE OF on Finance. duty on loudspeakers not mounted in their LOUDSPEAKERS. S. 1831. A bill to suspend temporarily the enclosures; to the Committee on Finance. (a) IN GENERAL.—Subchapter II of chapter duty on O,O-Dimethyl-S-(5-methoxy-2-oxo- S. 1854. A bill to suspend temporarily the 99 of the Harmonized Tariff Schedule of the 1,3,4-thiadiazol-3(2H)-yl-methyl)- duty on certain electrical transformers for United States is amended by inserting in nu- dithiophosphate; to the Committee on Fi- use in the manufacture of audio systems; to merical sequence the following new sub- nance. the Committee on Finance. heading: S. 1832. A bill to suspend temporarily the By Mr. WYDEN (for himself and Ms. COLLINS): duty on (Ethyl (2-(4-phenoxyphenoxy) ethyl) ‘‘9902.85.18 Parts for use in the carbamate; to the Committee on Finance. S. 1855. A bill to require the Occupational manufacture of S. 1833. A bill to suspend temporarily the Safety and Health Administration to recog- loudspeakers (pro- nize that electronic forms of providing vided for in sub- duty on 1-(4-methoxy-6-methyl-triazin-2-yl)- heading 3-(2-(3,3,3-trifluoropropyl)-phenylsulfonyl)- MSDSs provide the same level of access to 8518.90.80) ...... Free No No On or be- urea; to the Committee on Finance. information as paper copies; to the Com- change change fore 12/ S. 1834. A bill to suspend temporarily the mittee on Labor and Human Resources. 31/2002’’. duty on 3-(4,6-Bis (difluoromethoxy)- f (b) EFFECTIVE DATE.—The amendment pryimidin-2-yl)-1-(methoxy- made by subsection (a) applies with respect carbonylphenylsulfonyl) urea; to the Com- SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS to goods entered, or withdrawn from ware- mittee on Finance. house for consumption, on or after the 15th S. 1835. A bill to suspend temporarily the The following concurrent resolutions day after the date of enactment of this Act. duty on 3-(6-methoxy-4-methyl-1,3,5-triazin- and Senate resolutions were read, and 2-yl)-1-(2-(2-chloroethoxy)-phenylsulfonyl)- referred (or acted upon), as indicated: urea; to the Committee on Finance. S. 1853 S. 1836. A bill to suspend temporarily the By Mr. TORRICELLI: Be it enacted by the Senate and House of Rep- duty on ((2S,4R)/(2R,4S)/(2R,4R)/(2S,4S))-1-(2- S. Res. 199. A resolution designating the resentatives of the United States of America in (4-(4-chloro-phenoxy)-2-chlorophenyl)-4- last week of April of each calendar year as Congress assembled, methyl-1,3-dioxolan-2-yl-methyl)-1H-1,2,4-tri- ‘‘National Youth Fitness Week’’; to the Com- mittee on the Judiciary. SECTION 1. SUSPENSION OF DUTY ON LOUD- azole; to the Committee on Finance. SPEAKERS NOT MOUNTED IN THEIR S. 1837. A bill to suspend temporarily the f ENCLOSURES. duty on 2,4 dichloro 3,5 dinitro (a) IN GENERAL.—Subchapter II of chapter benzotrifluoride; to the Committee on Fi- STATEMENTS ON INTRODUCED 99 of the Harmonized Tariff Schedule of the nance. BILLS AND JOINT RESOLUTIONS S. 1838. A bill to suspend temporarily the United States is amended by inserting in nu- By Mr. THURMOND. merical sequence the following new sub- duty on streptomycin sulfate; to the Com- S. 1852. A bill to suspend temporarily mittee on Finance. heading: S. 1839. A bill to suspend temporarily the the duty on parts for use in the manu- duty on 2-chloro-N-(2,6-dinitro-4-(tri- facture of loudspeakers; to the Com- ‘‘9902.85.19 Loudspeakers not fluoromethyl) phenyl)-N-ethyl-6- mittee on Finance. mounted in their enclosures (pro- fluorobenzenemethanamine; to the Com- S. 1853. A bill to temporarily the vided for in sub- mittee on Finance. duty on loudspeakers not mounted in heading S. 1840. A bill to suspend temporarily the 8518.29.80) ...... Free No No On or be- their enclosures; to the Committee on change change fore 12/ duty on chloroacetone; to the Committee on Finance. 31/2002’’. Finance. S. 1854. A bill to suspend temporarily S. 1841. A bill to suspend temporarily the (b) EFFECTIVE DATE.—The amendment duty on orthonitrophenyl; to the Committee the duty on certain electrical trans- made by subsection (a) applies with respect on Finance. formers for use in the manufacture of to goods entered, or withdrawn from ware- S. 1842. A bill to suspend temporarily the audio systems; to the Committee on house for consumption, on or after the 15th duty on acetic acid, ((2-chloro-4-fluoro-5- Finance. day after the date of enactment of this Act.

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2490 CONGRESSIONAL RECORD — SENATE March 24, 1998 S. 1854 The bill I am introducing today al- cabinets filled with handwritten or Be it enacted by the Senate and House of Rep- lows—but does not require—electronic printed MSDSs in the workplace at all resentatives of the United States of America in access to MSDS information, so there times. More often than not, the MSDSs Congress assembled, is no mandate that employers have to are tattered, stained and out-of-date SECTION 1. SUSPENSION OF DUTY ON CERTAIN switch to an electronic system. This since, in an average inventory, as ELECTRICAL TRANSFORMERS FOR USE IN THE MANUFACTURE OF legislation simply updates the current many as 7 percent will become obsolete AUDIO SYSTEMS. workplace safety system to recognize within a month. Finding the right (a) IN GENERAL.—Subchapter II of chapter the widespread use of computers in the MSDS quickly in an emergency under 99 of the Harmonized Tariff Schedule of the workplace. It merely provides an addi- these circumstances can be a real chal- United States is amended by inserting in nu- tional option that can yield better pro- lenge, particularly since they can eas- merical sequence the following new sub- heading: tection for workers with less hassle for ily be misfiled. employers. In this age of electronic communica- My legislation requires chemical haz- ‘‘9902.85.04 Electrical trans- tion, there simply are better ways for formers having a ard information to be written in plain employers and employees to maintain power handling ca- English, so that workers and emer- pacity less than 1 and access this important safety infor- kVA for use in the gency personnel can better understand mation. Currently, there are a number manufacture of the risks and what to do in an emer- audio systems (proof different products on the market vided for in sub- gency. The MSDS sheets now in use are such as CD–ROMs and fax-on-demand heading typically written by lawyers to protect 8504.31.40) ...... Free No No On or be- response systems that provide all the change change fore 12/ the chemical manufacturers from li- MSDS information an employer or em- 31/2002’’. ability. Because they are often written ployee might need within minutes of (b) EFFECTIVE DATE.—The amendment in legalese, it is difficult for workers to the request. Businesses contend that made by subsection (a) applies with respect understand MSDS, especially in emer- these services are more efficient, since to goods entered, or withdrawn from ware- gencies. they allow an independent service to house for consumption, on or after the 15th For example, instead of simply stat- day after the date of enactment of this Act. maintain the information and the em- ing, ‘‘Keep this material away from ployees to access the information in- By Mr. WYDEN (for himself and your eyes,’’ the instructions on one stantaneously and at will. Not only are Ms. COLLINS): MSDS say ‘‘Avoid ocular contact.’’ computer systems faster, but they also S. 1855. A bill to require the Occupa- Workplace safety information should enable employees to cross-reference tional Safety and Health Administra- be understandable to all employees different chemicals. These electronic tion to recognize that electronic forms without having to look up every other systems are certainly better that the of providing MSDSs provide the same word in the dictionary. current paper system required by level of access to information as paper My legislation addresses this problem OSHA, which requires fumbling copies; to the Committee on Labor and by requiring information on new haz- through a notebook or file cabinet, Human Resources. ardous chemicals brought into the hoping that the MSDSs are current and THE WORKPLACE INFORMATION READABILITY workplace to be written in easily un- filed correctly. derstandable English. AND ELECTRONIC DISSEMINATION ACT Unfortunately, OSHA will not allow This legislation has the support of Mr. WYDEN. Mr. President, today, I employers to replace their paper MSDS Oregon OSHA officials, industry and am introducing legislation that would systems with electronic access. As a union safety officials. A companion bill improve and modernize the current consequence, many employers have introduced in the House this week has system for accessing information about been reluctant to take advantage of bipartisan support. I urge my col- hazardous chemicals in the workplace. these superior new systems. The legis- leagues to support this common sense This legislation will make it easier for lation we are introducing today will workplace safety initiative. workers to protect themselves against enable employers to bring their MSDS chemical exposure risks in their work- Ms. COLLINS. Mr. President, I am pleased to join my colleague from Or- system into the 21st century by clari- places by giving them online access to fying that employers have the option essential safety information. It will egon, Senator WYDEN, in introducing the Workplace Information, Read- of replacing their paper system with also make this information more electronic access, as long as the new quickly accessible in the event of an ability and Electronic Dissemination (or WIRED) Act, which will signifi- system is readily available to all em- emergency. ployees. Under current regulations, employers cantly improve the ability of both are required to have available in the workers and employers to use and un- Another problem with the current workplace Material Safety Data Sheets derstand the Material Safety Data system is that the information pre- (MSDS) describing every chemical ever Sheets that accompany potentially sented on a MSDS is extremely tech- used at the site. The MSDS contains hazardous chemicals used in the work- nical and complicated, making it dif- information about the chemical and place. ficult for many employees to under- what to do in the event a worker is ex- The Occupational Safety and Health stand, particularly when an accident posed by ingesting it, having it splash Administration rightly requires em- has occurred and time is of the essence. on the skin or in the eyes. ployers to provide information to their Not only is the information on the Employers typically keep MSDS employees about hazardous chemicals MSDS itself technical, but it is also sheets in hug binders making them dif- used in the workplace on Material presented in language that is too ad- ficult to access quickly during actual Safety Data Sheets, or MSDSs. These vanced for the vast majority of manu- exposure incidents. As a result, emer- MSDSs, which are provided by the facturing workers to understand. Ac- gency personnel may have to flip manufacturer, must be ‘‘readily acces- cording to a review of the National through page after page of information sible’’ to employees during each work Center for Education Statistics 1992 to find out how to respond to the spe- shift and must include information Adult Literacy Survey, the informa- cific chemical exposure. This complies about the manufacturer, the physical tion on a typical MSDS requires a with the law, but it’s not the best way properties of the chemical, health pre- Level 5 reading proficiency, while the to get critical information in an emer- cautions that should be taken, and in- same survey shows that manufacturing gency. structions on how to handle spills and workers typically read at a Level 2. The better approach is to have the other emergencies. This situation is complicated by the information accessible online. This can OSHA issued the rule requiring fact that there is no standard format greatly reduce the time it takes to get MSDSs in the workplace in the early for MSDSs and different manufacturers essential information on the proper 1980s, well before computers and fax have different formats for presenting first aid procedures in the event of ex- machines became routine fixtures in the same information. This makes it posure. In some cases, this faster re- virtually every workplace. As a con- difficult for employees who must look sponse can literally mean the dif- sequence, employers are required to at more than one MSDS to find the inference between life and death. keep huge, loose-leaf notebooks or file formation they need quickly, and quick

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2491 information is particularly important Revenue Code of 1986 to provide a uni- Whereas regular physical activity has in an emergency. The legislation we form application of the confidentiality proven effective in fighting depression, anx- are introducing today will therefore re- privilege to taxpayer communications iety, premature death, diabetes, heart dis- quire OSHA not only to standardize the with federally authorized practitioners. ease, high blood pressure, colon cancer, and a variety of weight problems; format for MSDSs, but also to ensure S. 1811 Whereas physical fitness campaigns help that they are written at a literacy At the request of Mr. FAIRCLOTH, the encourage consideration of the mental and level that is appropriate for the typical name of the Senator from North Caro- physical health of our Nation’s youth; and industrial worker. lina (Mr. HELMS) was added as a co- Whereas Congress should take steps to re- Mr. President, the legislation we are sponsor of S. 1811, a bill to prohibit the verse a trend which, if not resolved, could de- introducing today will not only make Secretary of Health and Human Serv- stroy future opportunities for millions of to- it easier for employers to comply with ices from promulgating any regulation, day’s youth because a healthy child makes a important OSHA safety standards, but rule, or other order if the effect of such healthy, happy, and productive adult: Now, therefore, be it it will also ensure that their employees regulation, rule, or order is to elimi- Resolved, That the Senate— have better access to accurate and up- nate or modify any requirement under (1) designates the week beginning with the to-date safety information that they the Medicare program under title last Sunday in April of each calendar year as can both read and understand. Enact- XVIII of the Social Security Act for ‘‘National Youth Fitness Week’’; ment of the WIRED Act will result in physician supervision of anesthesia (2) urges parents, families, caregivers, and safer, more efficient workplaces, and I services, as such requirement was in ef- teachers to encourage and help adolescents encourage all of my colleagues to join fect on December 31, 1997. to participate in athletic activities and to teach adolescents to engage in healthy life- SENATE CONCURRENT RESOLUTION 84 us as cosponsors. styles; and f At the request of Mr. KEMPTHORNE, (3) requests the President to issue a procla- the name of the Senator from Mis- ADDITIONAL COSPONSORS mation each calendar year designating such sissippi (Mr. COCHRAN) was added as a week as ‘‘National Youth Fitness Week’’ and S. 314 cosponsor of Senate Concurrent Reso- encouraging the people of the United States At the request of Mr. THOMAS, the lution 84, a concurrent resolution ex- to observe this week with appropriate activi- name of the Senator from Mississippi pressing the sense of Congress that the ties and celebrations. (Mr. COCHRAN) was added as a cospon- Government of Costa Rica should take Mr. TORRICELLI. Mr. President, I sor of S. 314, a bill to require that the steps to protect the lives of property rise today to address a crisis facing our Federal Government procure from the owners in Costa Rica, and for other youngest citizens. Physical inactivity private sector the goods and services purposes. among our children is threatening the very foundation of the health of our necessary for the operations and man- AMENDMENT NO. 2077 nation. Physical inactivity and poor agement of certain Government agen- At the request of Mr. LEVIN the name diet together account for at least cies, and for other purposes. of the Senator from Rhode Island (Mr. 300,000 deaths in the United States each S. 1260 REED) was added as a cosponsor of year. Only tobacco use contributes to At the request of Mr. GRAMM, the amendment No. 2077 proposed to S. more preventable deaths. More than 58 names of the Senator from Virginia 1768, an original bill making emer- million American adults, one third of (Mr. WARNER), the Senator from Vir- gency supplemental appropriations for the population, are overweight or ginia (Mr. ROBB), and the Senator from recovery from natural disasters, and obese. Even more alarming, childhood Kentucky (Mr. FORD) were added as co- for overseas peacekeeping efforts, for obesity rates are rising with 22 percent sponsors of S. 1260, a bill to amend the the fiscal year ending September 30, of children now overweight, a percent- Securities Act of 1933 and the Securi- 1998, and for other purposes. age that has doubled in the past 30 ties Exchange Act of 1934 to limit the f years. conduct of securities class actions SENATE RESOLUTION 199—DESIG- This growing trend of inactivity is under State law, and for other pur- NATING ‘‘NATIONAL YOUTH FIT- especially dangerous for our younger poses. NESS WEEK’’ generations. According to the National S. 1284 Center for Health Statistics, nearly At the request of Mr. ROBERTS, the Mr. TORRICELLI submitted the fol- half of our young people aged 12–21 do name of the Senator from West Vir- lowing resolution; which was referred not engage in vigorous physical activ- ginia (Mr. ROCKEFELLER) was added as to the Committee on the Judiciary: ity on a regular basis. In fact, only 22 a cosponsor of S. 1284, a bill to prohibit S. RES. 199 percent of American children are phys- construction of any monument, memo- ically active for the recommended 30 rial, or other structure at the site of Whereas we are witnessing a historic de- minutes each day and nearly 15 percent the Iwo Jima Memorial in Arlington, crease in the health of our Nation’s adoles- are completely inactive. As the Centers cents with only 22 percent of our children for Disease Control point out, these de- Virginia, and for other purposes. physically active for the recommended 30 S. 1600 minutes each day and nearly 15 percent of structive behaviors established during At the request of Mrs. BOXER, the American youths almost completely inac- youth are likely to extend into adult- name of the Senator from Illinois (Mr. tive; hood. We must be proactive in setting DURBIN) was added as a cosponsor of S. Whereas even physical education classes a positive example for our children and 1600, a bill to amend the Internal Rev- are on the decline with 75 percent of students stop the negative behavior before it enue Code of 1986 to waive in the case in America not attending daily physical edu- starts. cation classes and 25 percent of students not To plant the seed for a healthy fu- of multiemployer plans the section 415 participating in any form of physical edu- limit on benefits to the participant’s ture, we must continue to cultivate cation in schools, which is a decrease in par- and educate our children. Fostering en- average compensation for his high 3 ticipation of almost 20 percent in just 4 joyment of exercise in our adolescents years. years; 1 will spur them to maintain a healthy S. 1677 Whereas more than 60,000,000 people, ⁄3 of the Nation’s population, are overweight and lifestyle into adulthood. The result will At the request of Mr. CHAFEE, the even more disturbing, the percentage of be fewer physical and mental disorders name of the Senator from South Da- overweight adolescents has doubled in the and increased productivity. As Dr. C. kota (Mr. DASCHLE) was added as a co- last 30 years; Everett Koop recently pointed out sponsor of S. 1677, a bill to reauthorize Whereas these serious trends have resulted ‘‘this is not an issue requiring addi- the North American Wetlands Con- in a decrease in the self-esteem of, and an in- tional fact-finding before action is servation Act and the Partnerships for crease in the risk of future health problems taken.’’ The time for action is now. Wildlife Act. for, our Nation’s adolescents; A national commitment to lifetime Whereas adolescents represent the future S. 1737 of the Nation and the decrease in physical fitness must be fostered. Congress has At the request of Mr. MACK, the name fitness in the United States may destroy our the opportunity and the responsibility of the Senator from Kansas (Mr. future potential unless we invest in our to step forward and take a crucial lead- BROWNBACK) was added as a cosponsor youthful population today to increase our ership role. Several programs are cur- of S. 1737, a bill to amend the Internal productivity and stability tomorrow; rently addressing this important issue

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2492 CONGRESSIONAL RECORD — SENATE March 24, 1998 but they need our active support: the STEVENS (AND OTHERS) member to seek the implementation of a sys- CDC’s National Physical Activity Ini- AMENDMENT NO. 2085 tem of open meetings and activities in their respective organizations. Open meetings and tiative, the President’s Council on Mr. STEVENS (for himself, Mr. COCH- Physical Fitness and Sports, C. Everett activities in an organization include, but are RAN, Mrs. BOXER, Mr. BUMPERS, Mr. not limited to, a policy that— Koop’s ‘‘Shape Up America’’ campaign, BYRD, Mr. BOND, Mr. LOTT, and Mr. (1) all meetings sponsored by the organiza- the YMCA’s Healthy Kids Day, and FORD) proposed an amendment to the tion and involving delegates from member most recently, the National Sporting bill, S. 1768, supra; as follows: countries are open to the public; (2) all activities involving voting by mem- Good Association’s ‘‘Wannabe Cool, Pg. 15, after line 21 of the bill insert: ber countries are open to the public; and Gottabe Active’’ campaign. ‘‘SEC. . Nothwithstanding any other pro- These programs, and others like vision of law, in the case of a person who is (3) all records of meetings and activities them, need our encouragement, our selected for training in a State program con- are made available to the public. gratitude and our support. That is why ducted under the National Guard Challenge I am here today. To submit a resolu- Program and who obtains a general education diploma in connection with such BAUCUS AMENDMENT NOS. 2089– tion declaring the last week in April 2090 National Youth Fitness Week. To- training, the general education diploma gether we can reverse the trend in shall be treated as equivalent to a high (Ordered to lie on the table.) school diploma for purposes of determining physical inactivity and restore our na- Mr. BAUCUS submitted two amend- the eligibility of the person for enlistment in ments intended to be proposed by him tion to a course of wellness, fitness and the armed forces.’’ productivity. It is our responsibility as to the bill, S. 1768, supra; as follows: the nation’s leaders to ensure a HATCH (AND OTHERS) AMENDMENT NO. 2089 healthy America. AMENDMENT NO. 2086 On page 5, after line 23, add the following: COOPERATIVE STATE RESEARCH, EDUCATION, f (Ordered to lie on the table.) AND EXTENSION SERVICE AMENDMENTS SUBMITTED Mr. HATCH (for himself, Mr. WAR- FOOD ANIMAL RESIDUE AVOIDANCE DATABASE NER, Mr. LAUTENBERG, and Mr. ROBB) submitted an amendment intended to For an additional amount for the Food 1998 EMERGENCY SUPPLEMENTAL Animal Residue Avoidance Database, be proposed by them to the bill, S. 1768, $150,000. APPROPRIATIONS ACT FOR RE- supra; as follows: COVERY FROM NATURAL DISAS- On page 51, strike lines 5 through 16 and in- AMENDMENT NO. 2090 TERS, AND FOR OVERSEAS sert in lieu thereof the following: PEACEKEEPING EFFORTS On page 59, between lines 7 and 8, insert ‘‘SEC. 2001. None of the funds appropriated the following: or otherwise made available in this or any other Act may be obligated or expended by SEC. . CLAIMS REGARDING PROTEIN CONTENT OF WHEAT. MCCAIN AMENDMENT NO. 2084 the Patent and Trademark Office to plan for (a) IN GENERAL.—Notwithstanding section the construction or lease of new facilities (Ordered to lie on the table.) 2401 of title 28, United States Code, a claim until 30 days after the submission of a report Mr. MCCAIN submitted an amend- described in subsection (b) shall be consid- by the Secretary of Commerce, to be deliv- ment intended to be proposed by him ered to be timely filed if the claim is filed ered not later than May 1, 1998, to the Com- with the Secretary of Agriculture by the to the bill (S. 1768) making emergency mittees on Appropriations analyzing wheth- date that is 90 days after the date of enact- supplemental appropriations for recover the project is properly scoped, the pro- ment of this Act. ery from natural disasters, and for curement properly structured, and whether (b) CLAIMS.—Subsection (a) applies to a overseas peacekeeping efforts, for the the project should go forward. Such funds claim that is— shall only be made available in accordance fiscal year ending September 30, 1998, (1) filed under section 1346 of title 28, with section 605 of Public Law 105–119.’’ and for other purposes; as follows: United States Code, by a wheat producer in At the appropriate place, insert the fol- the United States that sold hard red spring lowing: GRAMM (AND SANTORUM) wheat or durum wheat during the period be- SEC. . ELIGIBILITY FOR REFUGEE STATUS. AMENDMENT NO. 2087 ginning May 2, 1993, and ending January 24, Section 584 of the Foreign Operations, Ex- (Ordered to lie on the table.) 1994; and (2) based on the alleged negligence of the port Financing, and Related Programs Ap- Mr. GRAMM (for himself and Mr. propriations Act, 1997 (Public Law 104–208; Secretary of Agriculture in connection with SANTORUM) submitted an amendment 110 Stat. 3009–171) is amended— the determination of the protein content of (1) in subsection (a)— intended to be proposed by them to the the wheat. (A) by striking ‘‘For purposes’’ and insert- bill, S. 1768, supra; as follows: ing ‘‘Notwithstanding any other provision of At the appropriate place, insert the fol- law, for purposes’’; and lowing: BAUCUS (AND BURNS) (B) by striking ‘‘fiscal year 1997’’ and in- SEC. . Notwithstanding any other provi- AMENDMENT NO. 2091 serting ‘‘fiscal year 1998 and 1999’’; and sion of this Act or any other provision of (Ordered to lie on the table.) (2) by amending subsection (b) to read as law, only that portion of budget authority follows: provided in this Act that is obligated during Mr. BAUCUS (for himself and Mr. ‘‘(b) ALIENS COVERED.— fiscal year 1998 shall be designated as an BURNS) submitted an amendment in- ‘‘(1) IN GENERAL.—An alien described in emergency requirement pursuant to section tended to be proposed by them to the this subsection is an alien who— 251(b)(2)(D)(i) of the Balanced Budget and bill. S. 1768, supra; as follows: ‘‘(A) is the son or daughter of a qualified Emergency Deficit Control Act of 1985. All On page 59, between lines 7 and 8, insert national; remaining budget authority provided in this the following: ‘‘(B) is 21 years of age or older; and Act shall not be available for obligation SEC. . EXTENSION OF MARKETING ASSISTANCE ‘‘(C) was unmarried as of the date of ac- until October 1, 1998. ceptance of the alien’s parent for resettle- LOANS. ment under the Orderly Departure Program. Section 133 of the Agricultural Market ‘‘(2) QUALIFIED NATIONAL.—For purposes of WYDEN AMENDMENT NO. 2088 Transition Act (7 U.S.C. 7233) is amended by paragraph (1), the term ‘qualified national’ (Ordered to lie on the table.) striking subsection (c) and inserting the following: means a national of Vietnam who— Mr. WYDEN submitted an amend- ‘‘(c) EXTENSION.—The Secretary may ex- ‘‘(A)(i) was formerly interned in a reeduca- ment intended to be proposed by him tion camp in Vietnam by the Government of tend the term of a marketing assistance loan the Socialist Republic of Vietnam; or to the bill, S. 1768, supra; as follows: made to producers on a farm for any loan ‘‘(ii) is the widow or widower of an indi- At the appropriate place in the bill, insert commodity for 1 6-month period.’’. vidual described in clause (i); and the following new section: ‘‘(B)(i) qualified for refugee processing SEC. . ELIMINATION OF SECRECY IN INTER- under the reeducation camp internees sub- NATIONAL FINANCIAL AND TRADE STEVENS AMENDMENT NO. 2092 program of the Orderly Departure Program; ORGANIZATIONS. Mr. STEVENS proposed an amend- and The President shall instruct the United ‘‘(ii) on or after April 1, 1995, is accepted— States Representatives to the World Trade ment to the bill, S. 1768, supra; as fol- ‘‘(I) for resettlement as a refugee; or Organization, the International Monetary lows: ‘‘(II) for admission as an immigrant under Fund, the World Bank, and regional develop- On page 51, line 22, strike Section 2004 and the Orderly Departure Program.’’. ment banks in which the United States is a insert in lieu thereof the following:

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2493 SEC. 2005. PROVISIONS RELATING TO UNIVERSAL disaggregated by eligible services and facili- (2) collect any such contribution due for SERVICE SUPPORT FOR PUBLIC IN- ties as set forth in the eligibility list of the the third or fourth quarter of calendar year STITUTIONAL TELECOMMUNI- Schools and Libraries Corporation, includ- 1998. CATIONS USERS. ing— (a) NO INFERENCE REGARDING EXISTING UNI- (i) the amounts requested for costs associ- VERSAL SERVICE ADMINISTRATIVE MECHA- ated with telecommunications services; BROWNBACK AMENDMENT NO. 2093 NISM.—Nothing in this section may be con- (ii) the amounts requested for costs de- (Ordered to lie on the table.) sidered as expressing the approval of the scribed in clause (i) plus the costs of internal Mr. BROWNBACK submitted an Congress of the action of the Federal Com- connections under the program; and munications Commission in establishing, or (iii) the amounts requested for the costs amendment intended to be proposed by causing to be established, one or more cor- described in clause (ii), plus the cost of inter- him to the bill, S. 1768, supra; as fol- porations to administer the schools and li- net access; lows: braries program and the rural health care (iv) the amount requested by eligible On page ll, after line ll, insert the fol- provider program under section 254(h) of the schools and libraries in each category and lowing: discount level listed in the matrix appearing Communications Act of 1934 (47 U.S.C. SEC. ll. FULL OFFSET OF SPENDING. 254(h)), or the approval of any provision of at paragraph 520 of the Commission’s May 8, 1997 Order, calculated as dollar figures and as Upon enactment of this Act, the Director such programs. of the Office of Management and Budget (b) FCC TO REPORT TO THE CONGRESS.— percentages of the total of all requests: (I) the amount requested by eligible shall reduce the nondefense discretionary (1) REPORT DUE DATE.—Pursuant to the spending limits (on a pro rata basis for each findings of the General Accounting Office (B– schools and libraries in each such category category) for budget authority for fiscal year 278820) dated February 10, 1998, the Federal and discount level to provide telecommunications services; 1999 by the amounts required to offset budget Communications Commission shall, by May (II) the amount requested by eligible authority provided for fiscal year 1998 in this 8, 1998, submit a 2-part report to the Con- schools and libraries in each such category Act. This section shall apply to any amount gress under this section. and discount level to provide internal con- designated as emergency spending in this (2) REVISED STRUCTURE.—The report shall nections; and Act. propose a revised structure for the adminis- (III) the amount requested by eligible tration of the programs established under schools and libraries in each such category section 254(h) of the Communications Act of and discount level to provide internet access. ASHCROFT AMENDMENTS NOS. 1934 (47 U.S.C. 254(h)). The revised structure (E) A justification for the amount, if any, 2094–2095 shall consist of a single entity. by which the total requested disbursements Ordered to lie on the table.) (A) LIMITATION ON ADMINISTRATION OF PRO- from the fund described in subparagraph (D) Mr. ASHCROFT submittted two GRAMS.—The entity proposed by the Commis- exceeds the amount of available contribu- sion to administer the programs— tions described in subparagraph (B). amendments intended to be proposed (i) is limited to implementation of the FCC (F) Based on the amount described in sub- by him to the bill, S. 1768, supra; as fol- rules for applications for discounts and proc- paragraph (D), an estimate of the amount of lows: essing the applications necessary to deter- contributions that will be required for the AMENDMENT NO. 2094 mine eligibility for discounts under section schools and libraries program in the third At the appropriate place insert the fol- 254(h) of the Communications Act of 1934 (47 and fourth quarters of 1998, and, to the ex- lowing: U.S.C. 254(h)) as determined by the Commis- tent these estimated contributions for the sion; third and fourth quarter exceed the current SEC. ll. ESTABLISHMENT OF, AND LIMITATION second-quarter contribution, the Commis- ON FUTURE CHANGES TO, PUB- (ii) may not administer the programs in LICLY-HELD FEDERAL DEBT CEIL- any manner that requires that entity to in- sion shall provide an estimate of the amount ING. of support that will be needed for each of the terpret the intent of the Congress in estab- (a) ESTABLISHMENT OF PUBLICLY-HELD FED- eligible services and facilities as set forth in lishing the programs or interpret any rule ERAL DEBT CEILING.—Section 3101(b) of title the eligibility list of the Schools and Librar- promulgated by the Commission in carrying 31, United States Code, is amended— ies Corporation, and disaggregated as speci- out the programs, without appropriate con- (1) by striking ‘‘(b) The face amount’’ and fied in subparagraph (D). sultation and guidance from the Commis- inserting ‘‘(b)(1) Subject to paragraph (2), the sion. (G) An explanation of why restricting the basis of telecommunications carriers’ con- face amount’’, and (B) APA REQUIREMENTS WAIVED.—In pre- (2) by adding at the end the following: paring the report required by this section, tributions to universal service under 254(a)(3) of the Communications Act of 1934 (47 U.S.C. ‘‘(2) The face amount of the obligations de- the Commission shall find that good cause scribed in paragraph (1) not held by Govern- exists to waive the requirements of section 254(a)(3)) to interstate revenues, while requiring that contributions to universal serv- ment accounts may not be more than 553 of title 5, United States Code, to the ex- $3,774,000,000,000 outstanding at one time.’’. tent necessary to enable the Commission to ice under section 254(h) of that Act (47 U.S.C. 254(h)) be based on both interstate as well as (b) POINT OF ORDER AGAINST CHANGES IN submit the report to the Congress by May 8, PUBLICLY-HELD FEDERAL DEBT CEILING.— 1998. intrastate revenues, is consistent with the provisions of section 254(d) of that Act (47 Title IV of the Congressional Budget Act of (3) REPORT ON FUNDING OF SCHOOLS AND LI- 1974 is amended by— BRARIES PROGRAM AND RURAL HEALTH CARE U.S.C. 254(d)). (H) An explanation as to whether access (1) redesignating section 407 as section 408; PROGRAM.—The report required by this sec- and tion shall also provide the following infor- charge reductions should be passed through on a dollar-for-dollar basis to each customer (2) inserting after section 406 the following: mation about the contributions to, and re- class on a proportionate basis. quests for funding from, the schools and li- ‘‘POINT OF ORDER AGAINST CHANGES IN (I) An explanation of the contribution PUBLICLY-HELD FEDERAL DEBT CEILING braries subsidy program: mechanisms established by the Commission (A) An estimate of the expected reductions ‘‘SEC. 407. (a) IN GENERAL.—Except as oth- under the Commission’s Report and Order erwise provided in this section and notwith- in interstate access charges anticipated on (FCC 97–157), May 8, 1997, and whether any di- standing any other provision of law, it shall July 1, 1998. rect end-user charges on consumers are ap- not be in order in the Senate or House of (B) An accounting of the total contribu- propriate. Representatives to consider any bill, resolutions to the universal service fund that are (c) IMPOSITION OF CAP ON COMPENSATION OF tion, or resolution of ratification (or amend- available for use to support the schools and INDIVIDUALS EMPLOYED TO CARRY OUT THE ment, motion, or conference report on that libraries program under section 254(h) of the PROGRAMS.—No officer or employee of the Communications Act of 1934 (47 U.S.C. 254(h)) entity to be proposed to be established under bill or resolution) that would raise the Fed- for the second quarter of 1998. subsection (b)(2) of this section may be com- eral debt limit specified in section 3101(b)(2) (C) An accounting of the amount of the pensated at an annual rate of pay, including of title 31, United States Code, for any fiscal contribution described in subparagraph (B) any non-regular, extraordinary, or unex- year. that the Commission expects to receive pected payment based on specific determina- ‘‘(b) EXCEPTION FOR DECLARATION OF from— tions of exceptionally meritorious service or WAR.—Subsection (a) shall not apply if a dec- (i) incumbent local exchange carriers; otherwise, bonuses, or any other compensa- laration of war by the Congress is in effect. (ii) interexchange carriers; tion (either monetary or in-kind), which ex- ‘‘(c) TIMING OF POINTS OF ORDER IN THE (iii) information service providers; ceeds the rate of basic pay in effect from SENATE.—A point of order under subsection (iv) commercial mobile radio service pro- time to time for level I of the Executive (a) may not be raised against a bill, resolu- viders; and Schedule under section 5312 of title 5, United tion, amendment, motion, or conference re- (v) any other provider. States Code. port while an amendment or motion, the (D) Based on the applications for funding (d) SECOND-HALF 1998 CONTRIBUTIONS.—Be- adoption of which would remedy the viola- under section 254(h) of the Communications fore June 1, 1998, the Federal Communica- tion of subsection (a), is pending before the Act of 1934 (47 U.S.C. 254(h)) received as of tions Commission may not— Senate. April 15, 1998, an estimate of the costs of pro- (1) adjust the contribution factors for tele- ‘‘(d) POINTS OF ORDER IN THE SENATE viding universal service support to schools communications carriers under section 254; AGAINST AMENDMENTS BETWEEN THE and libraries under that section or HOUSES.—The provision of subsection (a)

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that establishes a point of order against an AMENDMENT NO. 2097 Borrow, the dollar equivalent of 2,462,000,000 amendment also establishes a point of order On page ll, line ll of the amendment, Special Drawing Rights, to remain available in the Senate against an amendment be- strike ‘‘House of Representatives.’’ and in- until expended; in addition, up to the dollar tween the Houses. If a point of order under sert the following: equivalent of 4,250,000,000 Special Drawing subsection (a) is raised in the Senate against House of Representatives. Rights previously appropriated by the Act of an amendment between the Houses and the November 30, 1983 (Public Law 98–181), and SEC. ll. LIMITATIONS ON INTERNATIONAL point of order is sustained, the effect shall be MONETARY FUND LOANS TO INDO- the Act of October 23, 1962 (Public Law 87– the same as if the Senate had disagreed to NESIA. 872), for the General Arrangements to Bor- the amendment. The Secretary of the Treasury shall in- row, may also be used for the New Arrange- ‘‘(e) EFFECT OF A POINT OF ORDER IN THE struct the United States Executive Director ments to Borrow. SENATE.—In the Senate, if a point of order of the International Monetary Fund to use UNITED STATES QUOTA under subsection (a) against a bill or resolu- the voice and vote of the United States to For an increase in the United States quota tion is sustained, the Presiding Officer shall prevent the extension by the International in the International Monetary Fund, the dol- then recommit the bill or resolution to the Monetary Fund of loans or credits that lar equivalent of 10,622,500,000 Special Draw- committee of appropriate jurisdiction for would— ing Rights, to remain available until ex- further consideration. (1) personally benefit the President of In- pended. ‘‘(f) WAIVER.—A point of order under sub- donesia or any member of the President’s GENERAL PROVISIONS section (a) may be waived or suspended in family, or SECTION . CONDITIONS FOR THE USE OF the Senate and the House of Representatives (2) benefit any financial institution or QUOTA RESOURCES.—(a) None of the funds ap- only by the affirmative vote of three-fifths commercial enterprise in which the Presi- propriated in this Act under the heading of the Members, duly chosen and sworn.’’. dent of Indonesia or any member of the ‘‘United States Quota, International Mone- (c) CLERICAL AMENDMENT.—The table of President’s family has a financial interest. contents of the Congressional Budget and tary Fund’’ may be obligated, transferred or Impoundment Control Act of 1974 is amended made available to the International Mone- in title IV by— LEAHY (AND OTHERS) tary Fund until 30 days after the Secretary (1) redesignating section 407 as section 408; AMENDMENT NO. 2098 of the Treasury certifies that the major shareholders of the International Monetary and Mr. LEAHY (for himself, Mr. ABRA- (2) inserting after the item for section 406 Fund, including the United States, Japan, HAM, Mr. LEVIN, Mr. DEWINE, Mr. the following: the Federal Republic of Germany, France, GLENN, Mr. KOHL, Mr. GORTON, Mr. ‘‘Sec. 407. Point of order against changes in Italy, the United Kingdom, and Canada have level of publicly-held Federal MOYNIHAN, Mr. SANTORUM, and Mr. publicly agreed to, and will seek to imple- debt.’’. FEINGOLD) proposed an amendment to ment in the Fund, policies that provide con- the bill, S. 1768, supra; as follows: ditions in stand-by agreements or other ar- (d) EFFECTIVE DATE.—The amendments rangements regarding the use of Fund re- At the appropriate place, add the fol- made by this section shall apply to fiscal sources, requirements that the recipient lowing: years beginning after September 30, 1998. country— SEC. . Section 203 of the National Sea (1) liberalize restrictions on trade in goods Grant College Program Act (33 U.S.C. 1122) is AMENDMENT NO. 2095 and services and on investment, at a min- amended by— On page 8, after line 25, insert the fol- imum consistent with the terms of all inter- (1) striking paragraph (5) and redesignating lowing new section and renumber the re- national trade obligations and agreements; paragraphs (6) through (17) as paragraphs (5) maining section accordingly: and through (16); (2) to eliminate the practice or policy of SEC. ll. ADVOCACY OF POLICIES TO ENHANCE (2) redesignating subparagraphs (C) THE GENERAL EFFECTIVENESS OF government directed lending on non-com- THE INTERNATIONAL MONETARY through (F) of paragraph (7), as redesignated, mercial terms or provision of market dis- FUND. as subparagraphs (D) through (G); and torting subsidies to favored industries, en- The Secretary of the Treasury shall in- (3) inserting after subparagraph (B) of terprises, parties, or institutions. struct the United States Executive Director paragraph (7), as redesignated, the following: (b) Subsequent to the certification proof the International Monetary Fund to use ‘‘(C) Lake Champlain (to the extent that vided in subsection (a), in conjunction with aggressively the voice and vote of the United such resources have hydrological, biological, the annual submission of the President’s States to vigorously promote policies to— physical, or geological characteristics and budget, the Secretary of the Treasury shall (1) increase the effectiveness of the Inter- problems similar or related to those of the report to the appropriate committees on the national Monetary Fund in promoting mar- Great Lakes);’’ implementation and enforcement of the pro- ket-oriented reform, trade liberalization, visions in subsection (a). economic growth, democratic governance, CHAFEE AMENDMENT NO. 2099 (c) The United States shall exert its influ- and social stability; and ence with the Fund and its members to en- (2) encourage the opening of markets for (Ordered to lie on the table.) courage the Fund to include as part of its agricultural commodities and products by Mr. CHAFEE submitted an amend- conditions of stand-by agreements or other requiring recipient countries to make efforts ment intended to be proposed by him uses of the Fund’s resources that the recipi- to reduce trade barriers. to the bill, S. 1768, supra; as follows: ent country take action to remove discrimi- On page 17, beginning on line 10, strike ‘‘to natory treatment between foreign and do- GORTON AMENDMENTS NOS. 2096– be conducted at full Federal expense’’. mestic creditors in its debt resolution pro- 2097 ceedings. The Secretary of the Treasury shall report back to the Congress six months (Ordered to lie on the table.) MCCONNELL (AND OTHERS) after the enactment of this Act, and annu- Mr. GORTON submitted two amend- AMENDMENT NO. 2100 ally thereafter, on the progress in achieving ments intended to be proposed by him Mr. MCCONNELL (for himself, Mr. this requirement. to the bill, S. 1768, supra; as follows: (d) Nothing in this section shall be con- HAGEL, Mr. GRAMM, and Mr. STEVENS) strued to create any private right of action AMENDMENT NO. 2096 proposed an amendment to the bill, S. with respect to the enforcement of its terms. At the appropriate place, insert the fol- 1768, supra; as follows: SEC. . TRANSPARENCY AND OVERSIGHT.— lowing: At the appropriate place, insert the fol- (a) Not later than 30 days after enactment of SEC. ll. LIMITATIONS ON INTERNATIONAL lowing new title: this Act, the Secretary of the Treasury shall MONETARY FUND LOANS TO INDO- TITLE —INTERNATIONAL MONETARY certify to the appropriate committees that NESIA. FUND the Board of Executive Directors of the The Secretary of the Treasury shall in- International Monetary Fund has agreed to struct the United States Executive Director That the following sums are appropriated, provide timely access by the Comptroller of the International Monetary Fund to use out of any money in the Treasury and other- General to information and documents relat- the voice and vote of the United States to wise appropriated, for the International ing to the Fund’s operations, program and prevent the extension by the International Monetary Fund for the fiscal year ending policy reviews and decisions regarding stand- Monetary Fund of loans or credits that September 30, 1998, and for other purposes, by agreements and other uses of the Fund’s would— namely: resources. (1) personally benefit the President of In- MULTILATERAL ECONOMIC ASSISTANCE (b) The Secretary of the Treasury shall di- donesia or any member of the President’s FUNDS APPROPRIATED TO THE PRESIDENT rect, and the U.S. Executive Director to the family, or International Monetary Fund shall agree LOANS TO INTERNATIONAL MONETARY FUND (2) benefit any financial institution or to— commercial enterprise in which the Presi- NEW ARRANGEMENTS TO BORROW (1) provide any documents or information dent of Indonesia or any member of the For loans to the International Monetary available to the Director that are requested President’s family has a financial interest. Fund (Fund) under the New Arrangements to by the Comptroller General;

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2495 (2) request from the Fund any documents junction with the annual submission of the exemptions pending at the Department of or material requested by the Comptroller President’s budget, an account of the direct Transportation under section 41714 of title General; and and indirect institutional recipients of such 49, United States Code, on the date of enact- (3) use all necessary means to ensure all resources: Provided, That this account shall ment of this Act or filed thereafter. possible access by the Comptroller General include the institutions or banks indirectly (2) APPLICATION TO PENDING REQUESTS.— to the staff and operations of the Fund for supported by the Fund through resources For the purpose of applying the amendments the purposes of conducting financial and pro- made available by the borrower’s Central made by subsection (a) to applications pend- gram audits. Bank. ing on the date of enactment of this Act, the (c) The Secretary of the Treasury, in con- (c) Not later than 30 days after the enact- Secretary of Transportation shall take into sultation with the Comptroller General and ment of this Act, the Secretary shall submit account the number of days the application the U.S. Executive Director of the Fund, a report to the appropriate committees of was pending before the date of enactment of shall develop and implement a plan to obtain Congress providing the information re- this Act. If such an application was pending timely public access to information and doc- quested in paragraphs (a) and (b) for the for 80 or more days before the date of enact- uments relating to the Fund’s operations, countries of South Korea, Indonesia, Thai- ment of this Act, the Secretary shall grant programs and policy reviews and decisions land and the Philippines. or deny the exemption to which the applica- regarding stand-by agreements and other SEC.. CERTIFICATIONS.—(a) The Secretary tion relates within 20 calendar days after uses of the Fund’s resources. of the Treasury shall certify to the appro- that date. (d) No later than July 1, 1998 and, not later priate committees that the following condi- than March 1 of each year thereafter, the tions have been met— GORTON (AND GREGG) (1) No International Monetary Fund re- Secretary of the Treasury shall submit a re- AMENDMENT NO. 2102 port to the appropriate committees on the sources have resulted in direct support to status of timely publication of Letters of In- the semiconductor, steel, automobile, or tex- Mr. GORTON (for himself and Mr. tent and Article IV consultation documents tile and apparel industries in any form; GREGG) proposed an amendment to the and the availability of information referred (2) The Fund has not guaranteed nor under- bill, S. 1768, supra; as follows: written the private loans of semiconductor, to in (c). At the appropriate place, insert the fol- SEC.. ADVISORY COMMISSION.—(a) The steel, automobile, or textile and apparel lowing: President shall establish an International manufacturers; and Financial Institution Advisory Commission (3) Officials from the Fund and the Depart- SEC. ll. LIMITATIONS ON INTERNATIONAL ment of the Treasury have monitored the MONETARY FUND LOANS TO INDO- (hereafter ‘‘Commission’’). NESIA. implementation of the provisions contained (b) The Commission shall include at least The Secretary of the Treasury shall in- in stabilization programs in effect after July five former United States Secretaries of the struct the United States Executive Director 1, 1997, and all of the conditions have either Treasury. of the International Monetary Fund to use (c) Within 180 days, the Commission shall been met, or the recipient government has the voice and vote of the United States to report to the appropriate committees on the committed itself to fulfill all of these condi- prevent the extension by the International future role and responsibilities, if any, of the tions according to an explicit timetable for Monetary Fund of loans or credits that International Monetary Fund and the merit, completion; which timetable has been pro- would— costs and related implications of consolida- vided to and approved by the Fund and the (1) personally benefit the President of In- tion of the organization, management, and Department of the Treasury. donesia or any member of the President’s activities of the International Monetary (b) Such certifications shall be made 14 family, or Fund, the International Bank for Recon- days prior to the disbursement of any Fund (2) benefit any financial institution or struction and Development and the World resources to the borrower. commercial enterprise in which the Presi- Trade Organization. (c) The Secretary of the Treasury shall in- dent of Indonesia or any member of the SEC.. BRETTON WOODS CONFERENCE.—Not struct the United States Executive Director President’s family has a financial interest. later than 180 days after the Commission re- of the International Monetary Fund to use ports to the appropriate committees, the the voice and vote of the Executive Director President shall call for a conference of rep- to oppose disbursement of further funds if FAIRCLOTH AMENDMENT NO. 2103 resentatives of the governments of the mem- such certification is not given. Mr. FAIRCLOTH proposed an amend- ber countries of the International Monetary (d) Such certifications shall continue to be made on an annual basis as long as Fund ment to the bill, S. 1768, supra; as fol- Fund, the International Bank for Recon- lows: struction and Development and the World contributions continue to be outstanding to Trade Organization to consider the struc- the borrower country. At the appropriate place, add the fol- ture, management and activities of the insti- SEC.. DEFINITIONS.—For the purposes of lowing: tutions, their possible merger and their ca- this Act, ‘‘appropriate committees’’ includes SEC. ll. EDUCATION STABILIZATION LOANS pacity to contribute to exchange rate sta- the Appropriations Committee, the Com- AND FUND. bility and economic growth and to respond mittee on Foreign Relations, Committee on (a) LOANS.— effectively to financial crises. Finance and the Committee on Banking, (1) IN GENERAL.—The Secretary of Edu- SEC.. REPORTS.—(a) Following the exten- Housing and Urban Affairs of the Senate and cation (referred to in this subsection as the sion of a stand-by agreement or other uses of the Committee on Appropriations and the ‘‘Secretary’’) shall make loans to States for the resources by the International Monetary Committee on Banking and Financial Serv- the purpose of constructing and modernizing Fund, the Secretary of the Treasury, in con- ices in the House of Representatives. elementary schools and secondary schools. sultation with the U.S. Executive Director of This title may be cited as the ‘‘1998 Supple- (2) TERMS.—The Secretary shall make low the Fund, shall submit a report to the appro- mental Appropriations Act for the Inter- interest, long-term loans, as determined by priate committees providing the following national Monetary Fund’’. the Secretary, under paragraph (1). The Sec- information— retary shall determine the eligibility re- (1) the borrower’s rules and regulations FRIST (AND BYRD) AMENDMENT quirements for, and the terms of, any loan dealing with capitalization ratios, reserves, NO. 2101 made under paragraph (1). deposit insurance system and initiatives to (3) ALLOCATION OF FUNDS.—The Secretary improve transparency of information on the Mr. STEVENS (for Mr. FRIST, for shall determine a formula for allocating the financial institutions and banks which may himself and Mr. BYRD) proposed an funds made available under subsection (b)(4) benefit from the use of the Fund’s resources; amendment to the bill, S. 1768, supra; to States for loans under paragraph (1). The (2) the burden shared by private sector in- as follows: Secretary shall ensure that the formula provides for the allocation of funds for such vestors and creditors, including commercial At the appropriate place, insert the fol- loans to each eligible State. In determining banks in the Group of Seven Nations, in the lowing: losses which have prompted the use of the the formula, the Secretary shall take into SEC. . EXEMPTION AUTHORITY FOR AIR SERV- consideration the need for financial assist- Fund’s resources; ICE TO SLOT-CONTROLLED AIR- (3) the Fund’s strategy, plan and timetable PORTS. ance of States with significant increases in for completing the borrower’s pay back of (a) IN GENERAL.—Section 41714(i) of title 49, populations of elementary school and sec- the Fund’s resources including a date by United States Code, is amended by— ondary school students. which he borrower will be free from all inter- (1) striking ‘‘CERTAIN’’ in the caption; (4) DEFINITIONS.—In this subsection, the national institutional debt obligation; and (2) striking ‘‘120’’ and inserting ‘‘90’’; and terms ‘‘elementary school’’ and ‘‘secondary (4) the status of efforts to upgrade the bor- (3) striking ‘‘(a)(2) to improve air service school’’ have the meanings given the terms rower’s national standards to meet the Basle between a nonhub airport (as defined in sec- in section 14101 of the Elementary and Sec- Committee’s Core Principles for Effective tion 41731(a)(4)) and a high density airport ondary Education Act of 1965 (20 U.S.C. 8801). Banking Supervision. subject to the exemption authority under (b) FUND.— (b) Following the extension of a stand-by subsection (a),’’ and inserting ‘‘(a) or (c),’’. (1) ESTABLISHMENT.—There is established agreement or other use of the Fund’s re- (b) EFFECTIVE DATE.— in the Treasury of the United States a trust sources, the Secretary of the Treasury shall (1) IN GENERAL.—The amendments made by fund, to be known as the ‘‘Education Sta- report to the appropriate committees in con- subsection (a) apply to applications for slot bilization Fund’’, consisting of the amounts

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2496 CONGRESSIONAL RECORD — SENATE March 24, 1998 transferred to or deposited in the Trust Fund Act shall not be available for obligation ‘‘(ii) 1 member shall be appointed for a under paragraph (2) and any interest earned until October 1, 1998. term of 2 years, on investment of the amounts in the Trust f ‘‘(iii) 2 members shall be appointed for a Fund under paragraph (3). term of 3 years, and (2) TRANSFERS AND DEPOSITS.— THE EDUCATION SAVINGS ACT ‘‘(iv) 2 members shall be appointed for a (A) TRANSFER.—The Secretary of the FOR PUBLIC AND PRIVATE term of 4 years. Treasury shall transfer to the Trust Fund an SCHOOLS Such terms shall begin on the date of ap- amount equal to $5,000,000,000 from the sta- pointment. bilization fund described in section 5302 of ‘‘(C) REAPPOINTMENT.—An individual may title 31, United States Code. FAIRCLOTH AMENDMENT NO. 2105 be appointed to no more than two 5-year (B) DEPOSITS.—There shall be deposited in terms on the Oversight Board. the Trust Fund all amounts received by the (Ordered to lie on the table.) ‘‘(D) VACANCY.—Any vacancy on the Over- Secretary of Education incident to loan op- Mr. FAIRCLOTH submitted an sight Board shall be filled in the same man- erations under subsection (a), including all amendment intended to be proposed by ner as the original appointment. Any mem- collections of principal and interest. him to amendment No. 2029 submitted ber appointed to fill a vacancy occurring be- (3) INVESTMENT OF TRUST FUND.— by Mr. KERREY to the bill (H.R. 2646) to fore the expiration of the term for which the (A) IN GENERAL.—The Secretary of the amend the Internal Revenue Code of member’s predecessor was appointed shall be Treasury shall invest the portion of the 1986 to allow tax-free expenditures appointed for the remainder of that term. ‘‘(E) SPECIAL GOVERNMENT EMPLOYEES.— Trust Fund that is not, in the Secretary’s from education individual retirement judgment, required to meet current with- During the entire period that an individual drawals. accounts for elementary and secondary is a member of the Oversight Board, such in- (B) OBLIGATIONS.—Such investments may school expenses, to increase the max- dividual shall be treated as— be made only in interest-bearing obligations imum annual amount of contributions ‘‘(i) serving as a special government em- of the United States or in obligations guar- to such accounts, and for other pur- ployee (as defined in section 202 of title 18, anteed as to both principal and interest by poses; as follows: United States Code) and as described in section 207(c)(2) of such title, 18, and the United States. For such purpose, such Beginning with page 5, line 8, and ending ‘‘(ii) serving as an officer or employee re- obligations may be acquired— with page 30, line 13, strike all, and insert ferred to in section 101(f) of the Ethics in (i) on original issue at the issue price; or the following: (ii) by purchase of outstanding obligations Government Act of 1978 for purposes of title at the market price. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. I of such Act. (a) SHORT TITLE.—This Act may be cited as (C) PURPOSES FOR OBLIGATIONS OF THE ‘‘(3) QUORUM.—6 members of the Oversight the ‘‘Internal Revenue Service Private Cit- UNITED STATES.—The purposes for which obli- Board shall constitute a quorum. A majority gations of the United States may be issued izen Oversight Board Act of 1998’’. of members present and voting shall be re- under chapter 31 of title 31, United States (c) TABLE OF CONTENTS.— quired for the Oversight Board to take ac- Code, are extended to authorize the issuance Sec. 1. Short title; amendment of 1986 Code; tion. at par of special obligations exclusively to table of contents. ‘‘(4) REMOVAL.—Any member of the Over- the Trust Fund. Sec. 2. Internal Revenue Service Oversight sight Board may be removed at the will of (D) INTEREST.—Such special obligations Board. the President. shall bear interest at a rate equal to the av- Sec. 3. Commissioner of Internal Revenue; ‘‘(5) CLAIMS.— erage rate of interest, computed as to the other officials. ‘‘(A) IN GENERAL.—Members of the Over- end of the calendar month next preceding Sec. 4. Other personnel. sight Board shall have no personal liability the date of such issue, borne by all market- Sec. 5. Prohibition on executive branch in- under Federal law with respect to any claim able interest-bearing obligations of the fluence over taxpayer audits arising out of or resulting from an act or United States then forming a part of the and other investigations. omission by such member within the scope of Public Debt, except that where such average SEC. 2. INTERNAL REVENUE SERVICE OVER- service as a member. The preceding sentence shall not be construed to limit personal li- rate is not a multiple of 1⁄8 of 1 percent, the SIGHT BOARD. rate of interest of such special obligations (a) IN GENERAL.—Section 7802 (relating to ability for criminal acts or omissions, willful or malicious conduct, acts or omissions for shall be the multiple of 1⁄8 of 1 percent next the Commissioner of Internal Revenue) is lower than such average rate. amended to read as follows: private gain, or any other act or omission outside the scope of the service of such mem- (E) DETERMINATION.—Such special obliga- ‘‘SEC. 7802. INTERNAL REVENUE SERVICE OVER- tions shall be issued only if the Secretary of SIGHT BOARD. ber on the Oversight Board.’’ ‘‘(B) EFFECT ON OTHER LAW.—This para- the Treasury determines that the purchase ‘‘(a) ESTABLISHMENT.—There is established of other interest-bearing obligations of the within the Department of the Treasury the graph shall not be construed— ‘‘(i) to affect any other immunities and United States, or of obligations guaranteed Internal Revenue Service Oversight Board protections that may be available to such as to both principal and interest by the (hereafter in this subchapter referred to as member under applicable law with respect to United States on original issue or at the the ‘Oversight Board’). such transactions, market price, is not in the public interest. ‘‘(b) MEMBERSHIP.— ‘‘(ii) to affect any other right or remedy (F) SALE OF OBLIGATION.—Any obligation ‘‘(1) COMPOSITION.—The Oversight Board against the United States under applicable acquired by the Trust Fund (except special shall be composed of 9 members who are not law, or obligations issued exclusively to the Trust Federal officers or employees and who are ‘‘(iii) to limit or alter in any way the im- Fund) may be sold by the Secretary of the appointed by the President, by and with the munities that are available under applicable Treasury at the market price, and such spe- advice and consent of the Senate. law for Federal officers and employees. cial obligations may be redeemed at par plus ‘‘(2) QUALIFICATIONS AND TERMS.— ‘‘(c) GENERAL RESPONSIBILITIES.— accrued interest. ‘‘(A) QUALIFICATIONS.—Members of the ‘‘(1) IN GENERAL.—The Oversight Board (G) CREDITS TO TRUST FUND.—The interest Oversight Board shall be appointed solely on shall oversee the Internal Revenue Service on, and the proceeds from the sale or re- the basis of their professional experience and in its administration, management, conduct, demption of, any obligations held in the expertise in 1 or more of the following areas: direction, and supervision of the execution Trust Fund shall be credited to and form a ‘‘(i) Management of large service organiza- and application of the internal revenue laws part of the Trust Fund. tions. or related statues and tax conventions to ‘‘(ii) Customer service. which the United States is a party. GRAMM (AND SANTORUM) ‘‘(iii) Federal tax laws, including tax ad- ‘‘(2) REQUIREMENT FOR DISCLOSURE OF RE- ministration and compliance. AMENDMENT NO. 2104 TURN INFORMATION TO OVERSIGHT BOARD MEM- ‘‘(iv) Information technology. Mr. GRAMM (for himself and Mr. BERS.—Notwithstanding any other provision ‘‘(v) Organization development. of law, any return, return information, or SANTORUM) proposed an amendment to ‘‘(vi) The needs and concerns of taxpayers. taxpayer return information (as defined in the bill, S. 1768, supra; as follows: ‘‘(vii) Management or ownership of a small section 6103(b)) shall, without written re- At the appropriate place, insert the fol- business. quest, be open to inspection by or disclosure lowing: In the aggregate, the members of the Over- to the members and staff of the Internal SEC. .Notwithstanding any other provi- sight Board should collectively bring to bear Revenue Service Oversight Board. sion of this Act or any other provision of expertise in all of the areas described in the ‘‘(d) SPECIFIC RESPONSIBILITIES.—The Over- law, only that portion of budget authority preceding sentence. sight Board shall have the following specific provided in this Act that is obligated during ‘‘(B) TERMS.—Each member shall be ap- responsibilities: fiscal year 1998 shall be designated as an pointed for a term of 5 years, except that of ‘‘(1) STRATEGIC PLANS.—To review and ap- emergency requirement pursuant to section the members first appointed under paragraph prove strategic plans of the Internal Revenue 251(b)(2)(D)(i) of the Balanced Budget and (1)— Service, including the establishment of— Emergency Deficit Control Act of 1985. All ‘‘(i) 1 member shall be appointed for a term ‘‘(A) mission and objectives, and standards remaining budget authority provided in this of 1 year, of performance relative to either, and

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‘‘(B) annual and long-range strategic plans. ‘‘(2) COMMITTEES.—The Oversight Board ‘‘(3) CONSULTATION WITH OVERSIGHT ‘‘(2) OPERATIONAL PLANS.—To review the may establish such committees as the Over- BOARD.—The Commissioner shall consult operational functions of the Internal Rev- sight Board determines appropriate. with the Oversight Board on all matters set enue Service, including— ‘‘(3) MEETINGS.—The Oversight Board shall forth in paragraphs (2) and (3) (other than ‘‘(A) plans for modernization of the tax meet at least once each month and at such paragraph (3)(A) of section 7802(d). system, including the procurement of infor- other times as the Oversight Board deter- ‘‘(b) ASSISTANT COMMISSIONER FOR EM- mation technology intended to process tax mines appropriate. PLOYEE PLANS AND EXEMPT ORGANIZATIONS.— returns, ‘‘(4) REPORTS.—The Oversight Board shall There is established within the Internal Rev- ‘‘(B) plans for outsourcing or managed each year report to the President and the enue Service an office to be known as the competition, and Congress with respect to the conduct of its ‘‘Office of Employee Plans and Exempt Orga- ‘‘(C) plans for training and education. responsibilities under this title.’’. nizations’ to be under the supervision and di- ‘‘(3) MANAGEMENT.—To— (b) CONFORMING AMENDMENTS.— rection of an Assistant Commissioner of In- ‘‘(A) recommend to the President can- (1) Section 4946(c) (relating to definitions ternal Revenue. As head of the Office, the didates for appointment as the Commis- and special rules for chapter 42) is amended— Assistant Commissioner shall be responsible sioner of Internal Revenue and recommend (A) by striking ‘‘or’’ at the end of para- for carrying out such functions as the Sec- to the President the removal of the Commis- graph (5), retary may prescribe with respect to organi- sioner, (B) by striking the period at the end of zations exempt from tax under section 501(a) ‘‘(B) review the Commissioner’s selection, paragraph (6) and inserting ‘‘, or’’, and and with respect to plans to which part I of evaluation, and compensation of senior man- (C) by adding at the end the following new subchapter D of chapter 1 applies (and with agers, paragraph: respect to organizations designed to be ex- ‘‘(C) review and approve the Commis- ‘‘(7) a member of the Internal Revenue empt under such section and plans designed sioner’s plans for any major reorganization Service Oversight Board.’’. to be plans to which such part applies) and of the Internal Revenue Service, and (2) The table of sections for subchapter A other nonqualified deferred compensation ar- ‘‘(D) review, and make recommendations of chapter 80 is amended by striking the item rangements. The Assistant Commissioner to the Commissioner concerning, the audit- relating to section 7802 and inserting the fol- shall report annually to the Commissioner ing procedures and collection activities of lowing new item: with respect to the Assistant Commis- the Internal Revenue Service. ‘‘Sec. 7802. Internal Revenue Service Over- sioner’s responsibilities under this section. ‘‘(4) BUDGET.—To— sight Board.’’. ‘‘(c) OFFICE OF TAXPAYER ADVOCATE.— ‘‘(A) review and approve the budget request (c) EFFECTIVE DATE.— ‘‘(1) IN GENERAL.— of the Internal Revenue Service prepared by (1) IN GENERAL.—The amendments made by ‘‘(A) ESTABLISHMENT.—There is established the Commissioner, this section shall take effect on the date of in the Internal Revenue Service an office to ‘‘(B) submit such budget request to the the enactment of this Act. be known as the ‘‘Office of the Taxpayer Ad- Secretary of the Treasury, and (2) NOMINATIONS TO INTERNAL REVENUE vocate’. Such office shall be under the super- ‘‘(C) ensure that the budget request sup- SERVICE OVERSIGHT BOARD.—The President vision and direction of an official to be ports the annual and long-range strategic shall submit nominations under section 7802 known as the ‘‘Taxpayer Advocate’ who shall plans. of the Internal Revenue Code of 1986, as be appointed with the approval of the Over- sight Board by the Commissioner of Internal The Secretary shall submit the budget re- added by this section, to the Senate not later Revenue and shall report directly to the quest referred to in paragraph (4)(B) for any than 6 months after the date of the enact- Commissioner. The Taxpayer Advocate shall fiscal year to the President who shall submit ment of this Act. be entitled to compensation at the same rate such request, without revision, to Congress SEC. 3. COMMISSIONER OF INTERNAL REVENUE; as the highest level official reporting di- together with the President’s annual budget OTHER OFFICIALS. rectly to the Commissioner of Internal Rev- request for the Internal Revenue Service for (a) IN GENERAL.—Section 7803 (relating to enue. such fiscal year. other personnel) is amended to read as fol- ‘‘(B) RESTRICTION ON SUBSEQUENT EMPLOY- ‘‘(e) OVERSIGHT BOARD PERSONNEL MAT- lows: MENT.—An individual who is an officer or TERS.— ‘‘SEC. 7803. COMMISSIONER OF INTERNAL REV- employee of the Internal Revenue Service ‘‘(1) COMPENSATION OF MEMBERS.— ENUE; OTHER OFFICIALS. may be appointed as Taxpayer Advocate only ‘‘(A) IN GENERAL.—Each member of the ‘‘(a) COMMISSIONER OF INTERNAL REV- if such individual agrees not to accept any Oversight Board shall be compensated at a ENUE.— employment with the Internal Revenue Serv- rate not to exceed $30,000 per year. ‘‘(1) APPOINTMENT.— ice for at least 5 years after ceasing to be the ‘‘(B) CHAIRPERSON.—In lieu of the amount ‘‘(A) IN GENERAL.—There shall be in the De- Taxpayer Advocate. specified in subparagraph (A), the Chair- partment of the Treasury a Commissioner of ‘‘(2) FUNCTIONS OF OFFICE.— Internal Revenue who shall be appointed by person of the Oversight Board shall be com- ‘‘(A) IN GENERAL.—It shall be the function the President, by and with the advice and pensated at a rate not to exceed $50,000. of the Office of Taxpayer Advocate to— ‘‘(2) TRAVEL EXPENSES.—The members of consent of the Senate, to a 5-year term. The ‘‘(i) assist taxpayers in resolving problems the Oversight Board shall be allowed travel appointment shall be made without regard to with the Internal Revenue Service, expenses, including per diem in lieu of sub- political affiliation or activity. ‘‘(ii) identify areas in which taxpayers sistence, at rates authorized for employees of ‘‘(B) VACANCY.—Any individual appointed have problems in dealings with the Internal agencies under subchapter I of chapter 57 of to fill a vacancy in the position of Commis- Revenue Service, title 5, United States Code, while away from sioner occurring before the expiration of the ‘‘(iii) to the extent possible, propose their homes or regular places of business for term for which such individual’s predecessor changes in the administrative practices of purposes of attending meetings of the Over- was appointed shall be appointed only for the the Internal Revenue Service to mitigate sight Board. remainder of that term. problems identified under clause (ii), and ‘‘(3) STAFF.—At the request of the Chair- ‘‘(C) REMOVAL.—The Commissioner may be ‘‘(iv) identify potential legislative changes person of the Oversight Board, the Commis- removed at the will of the President. which may be appropriate to mitigate such sioner shall detail to the Oversight Board ‘‘(2) DUTIES.—The Commissioner shall have problems. such personnel as may be necessary to en- such duties and powers as the Secretary may ‘‘(B) ANNUAL REPORTS.— able the Oversight Board to perform its du- prescribe, including the power to— ‘‘(i) OBJECTIVES.—Not later than June 30 of ties. Such detail shall be without interrup- ‘‘(A) administer, manage, conduct, direct, each calendar year, the Taxpayer Advocate tion or loss of civil service status or privi- and supervise the execution and application shall report to the Committee on Ways and lege. The Chairperson of the Oversight Board of the internal revenue laws or related stat- Means of the House of Representatives, the may recommend to the Commissioner spe- utes and ax conventions to which the United Committee on Finance of the Senate, and cific staff of the Internal Revenue Service States is a party; and the Subcommittees on Treasury, Postal for detail to the Oversight Board, and may ‘‘(B) recommend to the President a can- Service, and General Government of the recommend to the Commissioner specific in- didate for appointment as Chief Counsel for Committees on Appropriation of the House dividuals not employed by the Internal Rev- the Internal Revenue Service when a va- of Representatives and the Senate on the ob- enue Service to be hired by the Internal Rev- cancy occurs, and recommend to the Presi- jectives of the Taxpayer Advocate for the fis- enue Service for the purpose of being de- dent the removal of such Chief Counsel. cal year beginning in such calendar year. tailed to the Oversight Board. If the Secretary determines not to delegate a Any such report shall contain full and sub- ‘‘(4) PROCUREMENT OF TEMPORARY AND power specified in subparagraph (A) or (B), stantive analysis, in addition to statistical INTERMITTENT SERVICES.—The Chairperson of such determination may not take effect information. the Oversight Board may procure temporary until 30 days after the Secretary notifies the ‘‘(ii) ACTIVITIES.—Not later than December and intermittent services under section Committees on Ways and Means, Govern- 31 of each calendar year, the Taxpayer Advo- 3109(b) of title 5, United States Code. ment Reform and Oversight, and Appropria- cate shall report to the Committee on Ways ‘‘(f) ADMINISTRATIVE MATTERS.— tions of the House of Representatives, the and Means of the House of Representatives, ‘‘(1) CHAIR.—The members of the Oversight Committees on Finance, Government Oper- the Committee on Finance of the Senate, Board shall elect for a 2-year term a chair- ations, and Appropriations of the Senate, and the Subcommittees on Treasury, Postal person from among the members. and the Joint Committee on Taxation. Service, and General Government of the

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2498 CONGRESSIONAL RECORD — SENATE March 24, 1998 Committees on Appropriation of the House (2) Subsection (b) of section 5109 of title 5, and forfeitures) is amended by adding after of Representatives and the Senate on the ac- United States Code, is amended by striking section 7216 the following new section: tivities of the Taxpayer Advocate during the ‘‘7802(b)’’ and inserting ‘‘7803(b)’’. ‘‘SEC. 7217. PROHIBITION ON EXECUTIVE BRANCH fiscal year ending during such calendar year. (c) EFFECTIVE DATE.— INFLUENCE OVER TAXPAYER AU- Any such report shall contain full and sub- (1) IN GENERAL.—The amendments made by DITS AND OTHER INVESTIGATIONS. stantive analysis, in addition to statistical this section shall take effect on the date of ‘‘(a) PROHIBITION.—It shall be unlawful for information, and shall— the enactment of this Act. any applicable person to request any officer ‘‘(I) identify the initiatives the Taxpayer (2) CURRENT OFFICERS.— or employee of the Internal Revenue Service Advocate has taken on improving taxpayer (A) In the case of an individual serving as to conduct or terminate an audit or other in- services and Internal Revenue Service re- Commissioner of Internal Revenue on the vestigation of any particular taxpayer with sponsiveness, date of the enactment of this Act who was respect to the tax liability of such taxpayer. ‘‘(II) contain recommendations received appointed to such position before such date, ‘‘(b) REPORTING REQUIREMENTS.—Any offi- from individuals with the authority to issue the 5-year term required by section 7803(a)(1) cer or employee of the Internal Revenue Taxpayer Assistance Orders under section of the Internal Revenue Code of 1986, as Service receiving any request prohibited by 7811, added by this section, shall begin as of the subsection (a) shall report the receipt of such ‘‘(III) contain a summary of at least 20 of date of such appointment. request to the Chief Inspector of the Internal the most serious problems encountered by (B) Section 7803(c)(1)(B) of such Code, as Revenue Service. added by this section, shall not apply to the taxpayers, including a description of the na- ‘‘(c) EXCEPTIONS.—Subsection (a) shall not ture of such problems, individual serving as Taxpayer Advocate on apply to— ‘‘(IV) contain an inventory of the items de- the date of the enactment of this Act. ‘‘(1) any request made to an applicable per- scribed in subclauses (I), (II), and (III) for SEC. 4. OTHER PERSONNEL. son by the taxpayer or a representative of which action has been taken and the result (a) IN GENERAL.—Section 7804 (relating to the taxpayer and forwarded by such applica- of such action, the effect of reorganization plans) is amend- ble person to the Internal Revenue Service, ‘‘(V) contain an inventory of the items deed to read as follows: ‘‘(2) any request by an applicable person scribed in subclauses (I), (II), and (III) for SEC. 7804. OTHER PERSONNEL. for disclosure of return or return informa- which action remains to be completed and ‘‘(a) APPOINTMENT AND SUPERVISION.—Un- tion under section 6103 if such request is the period during which each item has re- less otherwise prescribed by the Secretary, made in accordance with the requirements of mained on such inventory, the Commissioner of Internal Revenue is au- such section, or ‘‘(VI) contain an inventory of the items de- thorized to employ such number of persons ‘‘(3) any request by the Secretary of the scribed in subclauses (I), (II), and (III) for as the Commissioner deems proper for the Treasury as a consequence of the implemen- which no action has been taken, the period administration and enforcement of the inter- tation of a change in tax policy. during which each item has remained on nal revenue laws, and the Commissioner ‘‘(d) PENALTY.—Any person who willfully such inventory, the reasons for the inaction, shall issue all necessary directions, instruc- violates subsection (a) or fails to report and identify any Internal Revenue Service tions, orders, and rules applicable to such under subsection (b) shall be punished upon official who is responsible for such inaction, persons. conviction by a fine in any amount not ex- ‘‘(VII) identify any Taxpayer Assistance ‘‘(b) POSTS OF DUTY OF EMPLOYEES IN FIELD ceeding $5,000, or imprisonment of not more Order which was not honored by the Internal SERVICE OR TRAVELING.—Unless otherwise than 5 years, or both, together with the costs Revenue Service in a timely manner, as prescribed by the Secretary— of prosecution. specified under section 7811(b), ‘‘(1) DESIGNATION OF POST OF DUTY.—The ‘‘(e) APPLICABLE PERSON.—For purposes of ‘‘(VIII) contain recommendations for such Commissioner shall determine and designate this section, the term ‘applicable person’ administrative and legislative action as may the posts of duty of all such persons engaged means— be appropriate to resolve problems encoun- in field work or traveling on official business ‘‘(1) the President, the Vice President, any tered by taxpayers, outside of the District of Columbia. employee of the executive office of the Presi- ‘‘(IX) identify areas of the tax law that im- ‘‘(2) DETAIL OF PERSONNEL FROM FIELD dent, and any employee of the executive of- pose significant compliance burdens on tax- SERVICE.—The Commissioner may order any fice of the Vice President, and payers or the Internal Revenue Service, in- such person engaged in field work to duty in ‘‘(2) any individual (other than the Attor- cluding specific recommendations for rem- the District of Columbia, for such periods as ney General of the United States) serving in edying these problems, the Commissioner may prescribe, and to any a position specified in section 5312 of title 5, ‘‘(X) in conjunction with the National Di- designated post of duty outside the District United States Code.’’. rector of Appeals, identify the 10 most liti- of Columbia upon the completion of such (b) CLERICAL AMENDMENT.—The table of gated issues for each category of taxpayers, duty. sections for part I of subchapter A of chapter ‘‘(c) DELINQUENT INTERNAL REVENUE OFFI- including recommendations for mitigating 75 is amended by adding after the item relat- CERS AND EMPLOYEES.—If any officer or em- such disputes, and ing to section 7216 the following new item: ‘‘(XI) include such other information as ployee of the Treasury Department acting in the Taxpayer Advocate may deem advisable. connection with the internal revenue laws ‘‘Sec. 7217. Prohibition on executive branch ‘‘(iii) SUBMISSION OF REPORT.—Each report fails to account for and pay over any amount influence over taxpayer audits required under this subparagraph shall be of money or property collected or received and other investigations.’’. provided to the committees described in by him in connection with the internal rev- (c) EFFECTIVE DATE.—The amendments clauses (i) and (ii) with prior review and enue laws, the Secretary shall issue notice made by this section shall apply to requests comment from the Oversight Board, but and demand to such officer or employee for made after the date of the enactment of this without any prior review or comment from payment of the amount which he failed to Act. the Secretary of the Treasury, any other of- account for and pay over, and, upon failure f ficer or employee of the Department of the to pay the amount demanded within the Treasury, or the Office of Management and time specified in such notice, the amount so 1998 EMERGENCY SUPPLEMENTAL Budget. demanded shall be deemed imposed upon APPROPRIATIONS ACT FOR RE- ‘‘(C) OTHER RESPONSIBILITIES.—The Tax- such officer or employee and assessed upon COVERY FROM NATURAL DISAS- payer Advocate shall— the date of such notice and demand, and the TERS, AND FOR OVERSEAS ‘‘(i) monitor the coverage and geographic previsions of chapter 64 and all other provi- PEACEKEEPING EFFORTS allocation of problem resolution officers, and sions of law relating to the collection of as- ‘‘(ii) develop guidance to be distributed to sessed taxes shall be applicable in respect of all Internal Revenue Service officers and em- such amount.’’. MACK (AND GRAHAM) ployees outlining the criteria for referral of (b) CONFORMING AMENDMENTS.— taxpayer inquiries to problem resolution of- (1) Subsection (b) of section 6344 is amend- AMENDMENT NO. 2106 ficers. ed by striking ‘‘section 7803(d)’’ and inserting (Ordered to lie on the table.) ‘‘(3) RESPONSIBILITIES OF COMMISSIONER.— ‘‘section 7804(c)’’. Mr. MACK (and Mr. GRAHAM) sub- The Commissioner shall establish procedures (2) The table of sections for subchapter A mitted an amendment intended to be requiring a formal response to all rec- of chapter 80 is amended by striking the item ommendations submitted to the Commis- relating to section 7804 and inserting the fol- proposed by them to the bill, S. 1768, sioner by the Taxpayer Advocate within 3 lowing new item: supra; as follows: months after submission to the Commis- ‘‘Sec. 7804. Other personnel.’’. On page 38, after line 18, add the following: sioner.’’. (c) EFFECTIVE DATE.—The amendments SEC. 4ll. COASTAL BARRIER RESOURCES SYS- (b) CONFORMING AMENDMENTS.— made by this section shall take effect on the TEM. (1) The table of sections for subchapter A date of the enactment of this Act. (a) REPLACEMENT OF MAPS.— of chapter 80 is amended by striking the item SEC. 5. PROHIBITION ON EXECUTIVE BRANCH IN- (1) IN GENERAL.—The final set of maps enti- relating to section 7803 and inserting the fol- FLUENCE OVER TAXPAYER AUDITS tled ‘‘Coastal Barrier Resources System’’, lowing new item: AND OTHER INVESTIGATIONS. dated October 24, 1990, and revised November ‘‘Sec. 7803. Commissioner of Internal Rev- (a) IN GENERAL.—Part I of subchapter A of 12, 1996, and relating to the units of the enue; other officials.’’. chapter 75 (relating to crimes, other offenses, Coastal Barrier Resources System specified

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2499 in subsection (b) (which set of maps was cre- 1411 et seq.) for a fiscal year should be suffi- At the appropriate place, insert the fol- ated by the Department of the Interior to cient to fully fund such part for the fiscal lowing: comply with section 220 of the Omnibus year at the originally promised, by providing SEC. . POLITICAL REFORM IN INDONESIA. Parks and Public Lands Management Act of to each State 40 percent of the average per- (a) IN GENERAL.—The Secretary of the 1996 (16 U.S.C. 3503 note; 110 Stat. 4115), and pupil expenditure for providing special edu- Treasury shall not make any of the funds ap- notice of which was published in the Federal cation and related services for each child propriated or otherwise made available for Register on May 28, 1997) shall have the force with a disability in the State. the International Monetary Fund by this Act and effect of law and replace any other in- f available for Indonesia until the Secretary of consistent Coastal Barrier Resources System the Treasury determines and certifies to the maps in the possession of the Department of 1998 EMERGENCY SUPPLEMENTAL appropriate congressional committees that the Interior. APPROPRIATIONS ACT FOR RE- the Government of Indonesia— (2) UNITS.—The units of the Coastal Barrier COVERY FROM NATURAL DISAS- (1) has announced a timetable for free and Resources System referred to in subsection TERS, AND FOR OVERSEAS fair elections for the presidency, vice presi- (a) are the following: P04A, P05/P05P; P05A/ PEACEKEEPING EFFORTS dency, and parliament of Indonesia; and P05AP, FL–06P; P10/P10P; P11; P11AP, P11A; (2) is providing for such elections to be P18/P18P; P25/P25P; and P32/P32P. completed within one year. (b) EFFECTIVE DATE.—Subsection (a) shall D’AMATO (AND OTHERS) (b) APPROPRIATE CONGRESSIONAL COMMIT- be effective on the date of enactment of this AMENDMENT NO. 2109 TEES.—As used in this section, the term ‘‘ap- Act, and the Secretary of the Interior shall propriate congressional committees’’ means replace the inconsistent maps on that date. Mr. D’AMATO (for himself, Mr. MOY- the Committee on Foreign Relations and the NIHAN, Mr. JEFFORDS, Mr. LEAHY, Ms. f Committee on Appropriations of the Senate SNOWE, and Ms. COLLINS) proposed an and the Committee on Banking and Finan- 1998 SUPPLEMENTAL APPROPRIA- amendment to the bill, S. 1768, supra; cial Services and the Committee on Appro- TIONS ACT FOR THE INTER- as follows: priations of the House of Representatives. NATIONAL MONETARY FUND On page 5, line 5, strike ‘‘DAIRY AND’’. On page 5, line 8, strike ‘‘and dairy’’. LEAHY AMENDMENT NO. 2111 On page 5, line 10, strike ‘‘and milk’’. On page 5, line 20, beginning with the word Mr. STEVENS (for Mr. LEAHY) pro- ASCHCROFT AMENDMENT NO. 2107 ‘‘is’’, strike everything down through and in- posed an amendment to the bill, S. (Ordered to lie on the table.) cluding the word ‘‘amended’’ on line 23, and 1768, supra; as follows: Mr. ASHCROFT submitted an amend- insert in lieu thereof: ‘‘shall be available only to the extent that At the appropriate place, insert the fol- ment intended to be proposed by him an official budget request for $4,000,000, that lowing: to the bill (S. 1769) making supple- includes designation of the entire amount of SEC. . Notwithstanding section 21(a)(4) of mental appropriations for the Inter- the request as an emergency requirement as the Small Business Act (15 U.S.C. 648(a)(4)) national Monetary Fund for the fiscal defined in the Balanced Budget and Emer- or any other provision of law, of the amount year ending September 30, 1998, and for gency Deficit Control Act of 1985, as amend- made available under the Departments of other purposes; as follows: ed, is transmitted by the President to the Commerce, Justice, and State, the Judiciary, Congress: Provided further, That the entire and Related Agencies Appropriations Act, On page 8, after line 25, insert the fol- amount is designated by the Congress as an 1998 (Public Law 105–119) for the account for lowing new section and renumber the re- emergency requirement pursuant to section salaries and expenses of the Small Business maining section accordingly: 251(b)(2)(A) of such Act.’’ Administration, to fund grants for perform- SEC. ll. ADVOCACY OF POLICIES TO ENHANCE On page 5, after line 23, insert the fol- ance in fiscal year 1998 or fiscal year 1999 as THE GENERAL EFFECTIVENESS OF lowing: authorized by section 21 of the Small Busi- THE INTERNATIONAL MONETARY ‘‘DAIRY PRODUCTION DISASTER ASSISTANCE ness Act (15 U.S.C. 648), any funds obligated FUND. PROGRAM or expended for the conduct of a pilot project The Secretary of the Treasury shall infor a study on the current state of commerce struct the United States Executive Director ‘‘Effective only for natural disasters begin- on the Internet in Vermont shall not be sub- of the International Monetary Fund to use ning on November 27, 1997, through the date ject to a non-Federal matching requirement. aggressively the voice and vote of the United of enactment of this Act, $10,000,000 to implement a dairy production indemnity program States to vigorously promote policies to— to compensate producers for losses of milk (2) encourage the opening of markets for COVERDELL (AND OTHERS) that had been produced but not marketed or agricultural commodities and products by for diminished production (including dimin- AMENDMENT NO. 2112 requiring recipient countries to make efforts ished future production due to mastitis) due to reduce trade barriers. Mr. STEVENS (for Mr. COVERDELL, to natural disasters designated pursuant to a for himself, Mr. COCHRAN, Mr. BUMP- f Presidential or Secretarial declaration re- ERS, Mrs. BOXER, and Mr. CLELAND) quested during such period: Provided, That THE EDUCATION SAVINGS ACT payments for diminished production shall be proposed an amendment to the bill, S. FOR PUBLIC AND PRIVATE determined on a per head basis derived from 1768, supra; as follows: SCHOOLS a comparison to a like production period On page 4, line 1, beginning with the word from the previous year, the disaster period is ‘‘of’’, strike all down through and including 180 days starting with the date of the dis- the word ‘‘That’’ at the end of line 3. GREGG AMENDMENT NO. 2108 aster and the payment rate shall be $4.00 per On page 6, line 6, strike ‘‘$50,000,000’’ and hundredweight of milk: Provided further, insert $‘‘$100,000,000’’. (Ordered to lie on the table.) That in establishing this program, the Sec- On page 6, line 7, beginning with the word Mr. GREGG submitted an amend- retary shall, to the extent practicable, uti- ‘‘of’’, strike all down through and including ment intended to be proposed by him lize gross income and payment limitations the word ‘‘That’’ on line 10. to an amendent submitted by Ms. established for the Disaster Reserve Assist- On page 6, line 12, strike ‘‘$50,000,000’’ and ance Program for the 1996 crop year: Provided insert ‘‘$100,000,000’’. MOSELEY-BRAUN to the bill (H.R. 2646) further, That the entire amount is available to amend the Internal Revenue Code of only to the extent that an official budget re- 1986b to allow tax-free expenditures quest for $10,000,000, that includes designa- KENNEDY (AND KERRY) from education individual retirement tion of the entire amount of the request as AMENDMENT NO. 2113 an emergency requirement as defined in the accounts for elementary and secondary Mr. STEVENS (for Mr. KENNEDY, for school expenses, to increase the max- Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is trans- himself and Mr. KERRY) proposed an imum annual amount of contributions mitted by the President to the Congress: Pro- amendment to the bill, S. 1768, supra; to such accounts, and for other pur- vided further, That the entire amount is des- as follows: poses, as follows: ignated by the Congress as an emergency re- On page 15, below line 21, add the fol- At the end of the amendment, insert the quirement pursuant to section 251(b)(2)(A) of lowing: following: such Act.’’ SEC. 205. (a)(1) The Secretary of Defense (3) APPLICATION.—Notwithstanding any may enter into a lease or acquire any other other provision of law, the amendments HELMS AMENDMENT NO. 2110 interest in the parcels of land described in made by this section shall not apply to obli- paragraph (2). The parcels consist in aggre- gations issued before January 1, 2005, which (Ordered to lie on the table.) gate of approximately 90 acres. is the date on which the amount appro- Mr. HELMS submitted an amend- (2) The parcels of land referred to in para- priated to carry out part B of the Individuals ment intended to be proposed by him graph (1) are the following land used for the with Disabilities Education Act (20 U.S.C. to the bill, S. 1768, supra; as follows: commercial production of cranberries:

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2500 CONGRESSIONAL RECORD — SENATE March 24, 1998 (A) The parcels known as the Mashpee road rights-of-way, bridges and other facili- HOLLINGS AMENDMENT NO. 2118 bogs, located in the Quashupt River adjacent ties owned by passenger railroads, or by to the Massachusetts Military Reservation, tourist, scenic, or historic railroads are not Mr. STEVENS (for Mr. HOLLINGS) Massachusetts. eligible for funding under this head: Provided proposed an amendment to the bill, S. (B) The parcels known as the Falmouth further, That these funds shall be available 1768, supra; as follows: bogs, located on the Coonamessett River ad- only to the extent an official budget request, Insert at the appropriate place in the IMF jacent to the Massachusetts Military Res- for a special dollar amount, that includes Title: ervation, Massachusetts. designation of the entire amount as an emer- SEC. . IMF INDUSTRY IMPACT TEAM.—(a) (3) The term of any lease or other interest gency requirement as defined in the Bal- After consultation with the Secretary of the acquired under paragraph (1) may not exceed anced Budget and Emergency Deficit Control Treasury and the United States Trade Rep- two years. Act of 1985, as amended, is transmitted by resentative, the Secretary of Commerce (4) Any lease or other real property inter- the President to the Congress: Provided fur- shall establish a team composed of employ- est acquired under paragraph (1) shall be sub- ther, That the entire amount is designated ees of the Department of Commerce— ject to such other terms and conditions as by Congress as an emergency requirement (1) to collect data on import volumes and are agreed upon jointly by the Secretary and pursuant to section 251(b)(2)(A) of the Bal- prices, and industry statistics in— the person or entity entering into the lease anced Budget and Emergency Deficit Control (A) the steel industry; or extending the interest. Act of 1985, as amended: Provided further, (B) the semiconductor industry; (b) Of the amounts appropriated or other- That all funds made available under this (C) the automobile industry; and wise made available for the Department of head are to remain available until Sep- (D) the textile and apparel industry; (2) to monitor the effect of the Asian eco- Defense for fiscal year 1998, up to $2,000,000 tember 30, 1998: Provided further, That the nomic crisis on these industries; may be available to acquire the lease or Secretary of Transportation shall report to (3) to collect accounting data from Asian other interest under subsection (a). the House and Senate Appropriations Com- producers; and mittees not later than December 31, 1998, (4) to work to prevent import surges in COATS (AND LIEBERMAN) with recommendations on how future emer- these industries or to assist United States gency railroad repair costs should be borne AMENDMENT NO. 2114 industries affected by such surges in their ef- by the railroad industry and their under- forts to protect themselves under the trade Mr. STEVENS (for Mr. COATS, for writers. laws of the United States. himself and Mr. LIEBERMAN) proposed (b) The Secretary of Commerce shall pro- an amendment to the bill, S. 1768, GREGG (AND HOLLINGS) vide administrative support, including office supra; as follows: AMENDMENT NO. 2116 space, for the team. (c) The Secretary of the Treasury and the On page 15, after line 21, insert the fol- Mr. STEVENS (for Mr. GREGG, for lowing: United States Trade Representative may as- himself and Mr. HOLLINGS) proposed an sign such employees to the team as may be SEC. 205. (a) Section 924(j) of Public Law amendment to the bill, S. 1768, supra; necessary to assist the team in carrying out 104–201 (110 Stat. 2628) is amended to read as as follows: follows: its functions under subsection (a). ‘‘(j) DURATION OF PANEL.—The Panel shall At the appropriate place in the bill, insert exist until September 30, 1998, and shall ter- the following: GRASSLEY AMENDMENT NO. 2119 minate at the end of the day on such date.’’. SEC. . (a) Any agency listed in section 404(b) of the Departments of Commerce, Jus- Mr. STEVENS (for Mr. GRASSLEY) (b) The National Defense Panel established proposed an amendment to amendment under section 924 of Public Law 104–201 shall tice, and State, the Judiciary, and Related be deemed to have continued in existence Agencies Appropriations Act, 1998, P.L. 105– No. 2100 proposed by Mr. MCCONNEL to after the Panel submitted its report under 119, may transfer any amount to the Depart- the bill, S. 1768, supra; as follows: subsection (e) of such section until the Panel ment of State, subject to the limitations of At an appropriate place add the following: terminates under subsection (j) of such sec- subsection (b) of this section, for the purpose ‘‘(c) BANKRUPTCY LAW REFORM.—The tion as amended by subsection (a). for making technical adjustments to the United States shall exert its influence with amounts transferred by section 404 of such the IMF and its members to encourage the act. IMF to include as part of its conditions of as- SHELBY (AND OTHERS) (b) Funds transferred pursuant to sub- sistance that the recipient country take ac- AMENDMENT NO. 2115 section (a) shall not exceed $12,000,000, of tion to adopt, as soon as possible, modern in- which not to exceed $3,500,000 may be trans- Mr. STEVENS (for Mr. SHELBY, for solvency laws that— ferred from the U.S. Information Agency, of (1) emphasize reorganization of business himself, Mr. BYRD, Mrs. BOXER, and Mr. which not to exceed $3,600,000 may be trans- enterprises rather than liquidation whenever DORGAN) proposed an amendment to ferred from the Defense Intelligence Agency, possible; the bill, S. 1768, supra; as follows: of which not to exceed $1,600,000 may be (2) provide for a high degree of flexibility (On page 45 of the bill, between lines 13 and transferred from the Defense Security As- of action, in place of rigid requirements of 14, insert the following: sistance Agency, of which not to exceed form or substance, together with appropriate $900,000 may be transferred from the Peace FEDERAL RAILROAD ADMINISTRATION review and approval by a court and a major- Corps, and of which not to exceed $500,000 ity of the creditors involved; EMERGENCY RAILROAD REHABILITATION AND may be transferred from any other single (3) include provisions to ensure that assets REPAIR agency listed in section 404(b) of P.L. 105–119. gathered in insolvency proceedings are ac- For necessary expenses to repair and re- (c) A transfer of funds pursuant to this sec- counted for and put back into the market build freight rail lines of regional and short tion shall not require any notification or stream as quickly as possible in order to line railroads or a State entity damaged by certification to Congress or any committee maximize the number of businesses that can floods, $10,600,000, to be awarded subject to of Congress, notwithstanding any other pro- be kept productive and increase the number the discretion of the Secretary on a case-by- vision of law. of jobs that can be saved; and case basis: Provided, That not to exceed (4) promote international cooperation in $5,250,000 shall be solely for damage incurred ASHCROFT AMENDMENT NO. 2117 insolvency matters by including— in the Northern Plains States in March and (A) provisions set forth in the Model Law April 1997 and in California in January 1997 Mr. STEVENS (for Mr. ASHCROFT) on Cross-Border Insolvency approved by the and in West Virginia in September 1996: Pro- proposed an amendment to the bill, S. United Nations Commission on International vided further, That not less than $5,350,000 1768, supra; as follows: Trade Law, including removal of discrimina- shall be solely for damage incurred in Fall On page 8, after line 25, insert the fol- tory treatment between foreign and domes- 1997 and Winter 1998 storms: Provided further, lowing new section and renumber the re- tic creditors in debt resolution proceedings; That funds provided under this head shall be maining section accordingly: and available for rehabilitation of railroad SEC. . ADVOCACY OF POLICIES TO ENHANCE (B) other provisions appropriate for pro- rights-of-way, bridges, and other facilities THE GENERAL EFFECTIVENESS OF moting such cooperation. which are part of the general railroad system THE INTERNATIONAL MONETARY The Secretary of the Treasury shall report of transportation, and primarily used by FUND. back to Congress six months after the enact- railroads to move freight traffic: Provided The Secretary of the Treasury shall in- ment of this Act, and annually, thereafter, further, That railroad rights-of-way, bridges, struct the United States Executive Director on the progress in achieving this require- and other facilities owned by class I rail- of the International Monetary Fund to use ment.’’ roads are not eligible for funding under this aggressively the voice and vote of the United head unless the rights-of-way, bridges or States to vigorously promote policies to— NICKLES AMENDMENT NO. 2120 other facilities are under contract lease to a (2) Encourage the opening of markets for class II or class III railroad under which the agricultural commodities and products by Mr. STEVENS (for Mr. NICKLES) pro- lessee is responsible for all maintenance requiring recipient countries to make efforts posed an amendment to the bill, S. costs of the line: Provided further, That rail- to reduce trade barriers. 1768, supra; as follows:

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2501 On page 39, strike beginning with line 21 room 418 of the Russell Senate Office ADDITIONAL STATEMENTS through line 24. Building. On page 50, strike beginning with line 20 The PRESIDING OFFICER. Without through line 24. objection, it is so ordered. f SUBCOMMITTEE ON ACQUISITION AND HONORING MR. SIDNEY GRAYBEAL AUTHORITY FOR COMMITTEES TO TECHNOLOGY ∑ MEET Mr. STEVENS. Mr. President, I ask Mr. BINGAMAN. Mr. President, an American hero in both wartime and COMMITTEE ON COMMERCE, SCIENCE, AND unanimous consent that the Sub- peacetime passed away on March 19, TRANSPORTATION committee on Acquisition and Tech- Mr. STEVENS. Mr. President, I ask nology of the Committee on Armed 1998 in Santa Fe, New Mexico. I’d like unanimous consent that the Senate Services be authorized to meet at 9:30 to take a moment to honor the mem- Committee on Commerce, Science, and a.m. on Tuesday, March 24, 1998, in ory of Mr. Sidney Graybeal, one of the Transportation be authorized to meet open session, to receive testimony on nation’s finest patriots. Mr. Graybeal’s on Tuesday, March 24, 1998, at 9:30 a.m. RDT&E Management Reform and re- contributions to the nation spanned six on business practices in the profes- lated issues. decades, from his decorated service as sional boxing industry. The PRESIDING OFFICER. Without a B–29 pilot during World War II The PRESIDING OFFICER. Without objection, it is so ordered. through his distinguished career as a objection, it is so ordered. SUBCOMMITTEE ON EAST ASIAN AND PACIFIC public servant to more recent years COMMITTEE ON COMMERCE, SCIENCE, AND AFFAIRS when he served as a distinguished TRANSPORTATION Mr. STEVENS. Mr. President, I ask member of the Secretary of Defense’s Mr. STEVENS. Mr. President, I ask unanimous consent that the Sub- high level Defense Policy Board. His unanimous consent that the Senate committee on East Asian and Pacific many accomplishments in the nation’s Committee on Commerce, Science, and Affairs of the Committee on Foreign service have been recognized and ap- Transportation by authorized to meet Relations be authorized to meet during plauded by both sides of the political on Tuesday, March 24, 1998, at 2:30 p.m. the session of the Senate on Tuesday, aisle. Presidents Nixon and Ford com- on tobacco legislation. March 24, 1998, at 10 a.m. to hold a mended Mr. Graybeal during their ten- The PRESIDING OFFICER. Without hearing. ures in the White House, and in 1980, objection, it is so ordered. The PRESIDING OFFICER. Without President Carter awarded Mr. Graybeal COMMITTEE ON ENVIRONMENT AND PUBLIC objection, it is so ordered. the nation’s highest civilian honor, the WORKS SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC President’s Award for Distinguished Mr. STEVENS. Mr. President. I ask PRESERVATION, AND RECREATION Federal Service. unanimous consent that the full Com- Mr. STEVENS. Mr. President, I ask mittee on Environment and Public unanimous consent that the Sub- Mr. Graybeal will be remembered and Works be granted permission to con- committee on National Parks, Historic revered for his pioneering work in arms duct a business meeting to consider S. Preservation, and Recreation of the control during the coldest years of the 8, the Superfund Cleanup Acceleration Committee on Energy and Natural Re- Cold War. His extensive experience in Act of 1997, Tuesday, March 24, 11 a.m., sources be granted permission to meet intelligence matters and strategic nu- hearing room (SD–406). during the session of the Senate on clear policy issues served him well dur- The PRESIDING OFFICER. Without Tuesday, March 24, for purposes of con- ing his tenure on the negotiating team objection, it is so ordered. ducting a subcommittee hearing which that crafted the historic SALT I agree- COMMITTEE ON GOVERNMENTAL AFFAIRS is scheduled to begin at 2 p.m. The pur- ments limiting offensive and defensive Mr. STEVENS. Mr. President, I ask pose of this hearing is to receive testi- strategic weapons for the first time. As unanimous consent on behalf of the mony on S. 887, the National Under- a result of his trailblazing work on Governmental Affairs Committee to ground Railroad Network to Freedom those agreements, Mr. Graybeal was meet for a joint hearing on Tuesday, Act of 1997; S. 991, a bill to make tech- appointed as the first commissioner on March 24, 1998, at 2 p.m. The subject of nical corrections to the Omnibus Parks the Standing Consultative Commission the hearing is the Fair Competition and Public Lands Management Act of (SCC)—the first official U.S.-Soviet or- Act of 1998: A New Free Market Ap- 1996, and for other purposes; S. 1695, the ganization established to resolve arms proach to Federal Contracting. Sand Creek Massacre National Historic control compliance disputes between The PRESIDING OFFICER. Without Site Preservation Act of 1998; and Sen- the two superpowers. SALT I and the objection, it is so ordered. ate Joint Resolution 41, legislation ap- SCC stand as enduring legacies of Mr. COMMITTEE ON THE JUDICIARY proving the location of a Martin Lu- Graybeal’s dedicated efforts to bring Mr. STEVENS. Mr. President, I ask ther King, Jr., Memorial in the Na- the Cold War to a successful conclu- unanimous consent that the Com- tion’s Capitol. sion. mittee on the Judiciary be authorized The PRESIDING OFFICER. Without Sidney Graybeal was admired by his to meet during the session of the Sen- objection, it is so ordered. colleagues for his energy and dedica- ate on Tuesday, March 24, 1998 at 2:30 SUBCOMMITTEE ON SOCIAL SECURITY AND tion to the nation. He was widely p.m. in room 138 of the Senate Dirksen FAMILY POLICY known as a tough negotiator, but wide- Office Building to hold a hearing on Mr. STEVENS. Mr. President, the Fi- ly loved for his warm sense of humor ‘‘Judicial Nominations.’’ nance Committee Subcommittee on and diplomatic skills. New Mexico will The PRESIDING OFFICER. Without Social Security and Family Policy re- miss one of our finest citizens. The na- objection, it is so ordered. quests unanimous consent to conduct a tion will miss his wisdom and experi- COMMITTEE ON LABOR AND HUMAN RESOURCES hearing on Tuesday, March 24, 1998, be- ence as we navigate these uncharted Mr. STEVENS. Mr. President, I ask ginning at 2 p.m. in room 215 Dirksen. waters of the post-Cold War era. I urge The PRESIDING OFFICER. Without unanimous consent that the Com- my colleagues in the Congress to join objection, it is so ordered. mittee on Labor and Human Resources me in saluting this great American. be authorized to meet for a hearing on SUBCOMMITTEE ON STRATEGIC FORCES Health Care Quality during the session Mr. STEVENS. Mr. President, I ask Mr. President, I ask that a March 20 of the Senate on Tuesday, March 24, unanimous consent that the Sub- article in the Santa Fe New Mexican 1998, at 10 a.m. committee on Strategic Forces of the on Mr. Graybeal be printed in the The PRESIDING OFFICER. Without Committee on Armed Services be au- RECORD. objection, it is so ordered. thorized to meet on Tuesday, March 24, The article follows: COMMITTEE ON VETERANS’ AFFAIRS 1998, at 2:30 p.m. in open session, to re- [From the Santa Fe New Mexican, Mar. 20, Mr. STEVENS. Mr. President, the ceive testimony on ballistic missile de- 1998] Committee on Veterans’ Affairs would fense programs in review of the Defense like to request unanimous consent to authorization request for fiscal year SIDNEY GRAYBEAL, INTELLIGENCE ADVISER, hold a hearing on S. 1021, the Veterans’ 1999 and the future years Defense pro- DIES AT 73 Employment Opportunities Act. gram. Sidney N. Graybeal, a Central Intelligence The hearing will take place on Tues- The PRESIDING OFFICER. Without Agency senior intelligence adviser during day, March 24, 1998, at 2:15 p.m., in objection, it is so ordered. the Cuban missile crisis, died

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2502 CONGRESSIONAL RECORD — SENATE March 24, 1998 Thursday of a heart attack at his Santa Fe money and funding organizations like The State of South Dakota has much home. He was 73. the Lions Sight and Hearing Founda- to be proud of in this accomplishment. A memorial service will be held at St. tion, Lions Eye Clinic and Lions Diabe- I again want to congratulate all of Francis Auditorium on March 27 at 6 p.m. Graybeal, who had more than 40 years of tes Awareness Programs. Also, major these fine young athletes from North- experience in arms control, intelligence, and building projects have been realized ern State University, and to all the national security, in 1994 was appointed to like the ‘‘Friendship Club,’’ for the many others who contributed to this the Defense Policy Board by Secretary of De- handicapped and ‘‘Melanie’s Room,’’ outstanding accomplishment.∑ fense William Perry. for multiple handicapped young girls. At the time of his death, he was a chief sci- Over the years, the Lions Club has f entist for Science Applications International raised over $750,000. Its members con- Corp. Born in Butler, Tenn., Graybeal was a B–29 tinue to develop new and innovative TRIBUTE TO FRANK A. GERMACK, pilot during World War II and flew 32 mis- ways to invest that money back into JR. the community. The above mentioned sions over Japan. He received the Distin- ∑ Mr. ABRAHAM. Mr. President, I rise guished Flying Cross and other decorations groups are just a few of the wonderful to pay homage to Frank A. Germack, for his military service. organizations for which the Nashua of Grosse Pointe Farms, Michigan. Mr. After the war, he joined the CIA and was Lions Club have spent countless hours Germack, who ran his family’s business responsible for analysis of all foreign missile and dedicated service. This impressive and space programs. During the 1962 missile in Detroit’s historic Eastern Market list goes on and they should be very crisis, Graybeal was the first person to in- passed away recently. Although Frank proud of these contributions. Mr. Presi- form President John F. Kennedy of the pres- is gone, his legacy will live on through- dent, I want to congratulate the Nash- ence of Soviet missiles in Cuba. out the Detroit community. Graybeal was recently filmed by the BBC ua Lions Club for their outstanding The family business, the Germack for a documentary on the Cold War. work over the past three-quarters of a Pistachio Co., was founded in 1924 by He also served in the State Department in century. I am proud to represent them the Arms Control and Disarmament Agency Mr. Germack’s father. Considered to be in the U.S. Senate.∑ and was a member of the negotiating team the oldest pistachio importing com- for the Strategic Arms Limitation Treaty f pany in the country, Germack Pis- (SALT)–I agreements. tachio Co. eventually expanded to in- He helped negotiate the Anti-Ballistic Mis- NORTHERN STATE UNIVERSITY clude a full line of nut products. After sile (ABM) Treaty and was appointed as the MEN’S BASKETBALL TEAM first U.S. commissioner of the Standing Con- MAKES IT TO THE NCAA DIVI- graduating from Fordham University sultative Commission, the body that admin- SION II ELITE EIGHT TOUR- and the Detroit College of Law, Frank istered the ABM treaty. NAMENT began working at the family business In 1980, Graybeal received the President’s in 1961. Frank contributed greatly to ∑ Award for Distinguished Federal Civilian Mr. JOHNSON. Mr. President, I want the success of his family’s company. Service from President Carter. to take this opportunity today to rec- For example, through his leadership in In Santa Fe, Graybeal was on the board of ognize an extraordinary group of young the Executive International Advisory the Santa Fe Chamber Music Festival. athletes from Northern State Univer- Board, Frank helped expand the cashew He is survived by his wife, Patricia sity in Aberdeen, South Dakota. The McFate; his son Douglas of Aspen, Colo.; his crop to countries such as Guatemala Northern State University Men’s Bas- daughter, Joan Graybeal Menard of Annan- and Indonesia. ketball Team won the 1998 NCAA Divi- dale, Va.; and two grandchildren, Katrina According to Frank’s son, ‘‘The busi- sion II North Central Regional Basket- and Steven Menard.∑ ness was his life.’’ Up until the time he ball Championship held on Sunday, f passed away, he was actively involved March 8, 1998 in Brookings, South Da- in making the company run as effi- NASHUA LIONS CLUB 75 YEARS OF kota. In a battle of South Dakota bas- ciently as possible. In addition to PUBLIC SERVICE ketball powers, NSU took charge in the working at the company, Frank en- final minute to win a hard-fought vic- ∑ Mr. SMITH of New Hampshire. Mr. joyed boating on Lake St. Clair, listen- tory over South Dakota State Univer- President, I rise today to congratulate ing to classical music and jazz, and sity. The NSU Wolves, with a 27–5 the Nashua Lions Club for devoting contributing to his community. He was record, ended the season in a close 67– over 75 years to humanitarian acts of active within many organizations such 63 loss to Virginia Union University in public service. I commend their fervent as the Detroit Rotary, the Detroit the 1998 NCAA Division II Elite Eight passion and aggressive dedication to Symphony Orchestra and United Way. Tournament. improving the quality of life for fellow He was also an active member of St. Americans. They have touched the The athletes that made this great Paul’s Catholic Church in Grosse lives of many through gifts of hope and season happen include Scott Hanson, Pointe Farms, Michigan. Despite his continued support through countless Jared Miller, Todd Schlekeway, Ryan tireless dedication to his company and charitable endeavors. Miller, Kyle Johnson, Dan Fischer, Jim the causes that were important to him, I am proud to know many of the Sumption, Jake Phillips, Ross he remained deeply committed to his members in the Nashua Lions Club. I Pankratz, Dustin Undlin, Mark Rich, family. He was a wonderful husband to recently had the opportunity to ad- Ben Dahl, Jeff Rich, Andy Foster and his wife, Stephanie, father to his son dress the club, and enjoyed the time I Brad Hansen. Their coaches include: Frank III and daughter Suzanne Greg- spent with them. They are great men Bob Olson, Mike Hultz, Brad ory Frederickson, and grandfather to who live by their motto of ‘‘We Serve,’’ Christenson, Craig Smith and Kent Olivia Frederickson. Leiss. Team Managers are Joe Flynn and give others the chance to better During this difficult time, my and Justin Forde. The NSU strength their lives. thoughts and prayers go out to Frank coach is Doug Bull, and the training The Nashua Lions Club was started Germack’s family and friends.∑ in 1923 by a small group of businessmen staff is directed by Lisa McIntyre. The led by William Hillman, Jr., and NSU Wolves cheerleaders are Jennifer f former Mayor Alvin Lucier. It became Eye, Tonya Bird, Jackie Hortes, Jaine the first club in District 44–H and re- Fauth, Erica Paulson, Gary Olson mains the second oldest Lions Club in along with advisor Susan Rozell. POSITION ON VOTE NO. 39 New Hampshire. As a result of their I want to commend Coach Olson for ∑ Mr. KERREY. Mr. President, due to foresight, these businessmen started a providing outstanding leadership to the an unavoidable delay in my travel, I tradition of service and benevolence NSU team, and I also want to com- missed yesterday’s rollcall vote num- still exemplified today. pliment Ryan Miller on his contribu- ber 39. Had I been present, I would have The Nashua Lions Club has kept this tion of 45 points in the regional cham- voted against tabling that amend- 75-year old legacy alive by raising pionship game. ment.∑

VerDate Mar 15 2010 03:34 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\1998SENATE\S24MR8.REC S24MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 24, 1998 CONGRESSIONAL RECORD — SENATE S2503 ORDERS FOR WEDNESDAY, MARCH ment can be worked out for an orderly DEPARTMENT OF STATE 25, 1998 handling of that bill. Therefore, tomor- WILLIAM JOSEPH BURNS, OF PENNSYLVANIA, A CA- row Members can anticipate a busy day REER MEMBER OF THE SENIOR FOREIGN SERVICE, Mr. STEVENS. Mr. President, I ask CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR unanimous consent that when the Sen- of floor activity on the emergency sup- EXTRAORDINARY AND PLENIPOTENTIARY OF THE plemental appropriations bill as well as UNITED STATES OF AMERICA TO THE HASHEMITE KING- ate completes its business today, it DOM OF JORDAN. stand in adjournment until the hour of the Coverdell education bill. In addi- RYAN CLARK CROCKER, OF WASHINGTON, A CAREER tion, the Senate may consider any ex- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF 9:30 a.m. on Wednesday, March 25, and MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ecutive or legislative items cleared for DINARY AND PLENIPOTENTIARY OF THE UNITED STATES immediately following the prayer the OF AMERICA TO THE SYRIAN ARAB REPUBLIC. routine requests through the morning action. IN THE AIR FORCE hour be granted and the Senate resume f THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT consideration of S. 1768, the emergency IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- supplemental appropriations bill. ADJOURNMENT UNTIL 9:30 A.M. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION The PRESIDING OFFICER. Without TOMORROW 601: objection, it is so ordered. Mr. STEVENS. Mr. President, I seek To be lieutenant general Mr. STEVENS. Mr. President, on be- to inquire whether there is any Mem- MAJ. GEN. HAL M. HORNBURG, 0000. half of the leader, it is his intention to- ber seeking time in morning business. I IN THE ARMY morrow that the Senate will resume don’t see anyone. If there is no further consideration of the emergency supple- THE FOLLOWING ARMY NATIONAL GUARD OF THE business to come before the Senate, I UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- mental appropriations bill with the SERVE OF THE ARMY TO THE GRADE INDICATED UNDER now ask that the Senate stand in ad- TITLE 10, U.S.C., SECTION 12203: hope of concluding action on that bill journment under the previous order. To be major general early Wednesday. There being no objection, the Senate, As a reminder to all Members, the at 7:48 p.m., adjourned until Wednes- BRIG. GEN. JOHN F. KANE, 0000. second cloture vote on H.R. 2646, the day, March 25, 1998, at 9:30 a.m. IN THE MARINE CORPS Coverdell A+ education bill, was post- THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT poned this evening and will occur at a f IN THE UNITED STATES MARINE CORPS TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- time to be determined by the majority TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., leader. As always, all Members will be NOMINATIONS SECTION 601: notified as to when that vote will Executive nominations received by To be lieutenant general occur. It is still hoped that an agree- the Senate March 24, 1998: MAJ. GEN. MICHAEL J. WILLIAMS, 0000.

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MINIMUM WAGE thousands of small business owners. If you the hands of volunteer companies. In New pass another increase in the minimum wage, York State, as elsewhere, they save countless you can tell the teenagers and working lives and billions of dollars worth of property. HON. NEWT GINGRICH mothers I employ why they no longer have That is why the efforts of people like the fire OF GEORGIA jobs. Then try asking for their votes. fighters in the Quaker Springs Fire Depart- IN THE HOUSE OF REPRESENTATIVES f ment is so very critical. Tuesday, March 24, 1998 IN HONOR OF SHAUN HUGHES ON Mr. Speaker, I have always been partial to Mr. GINGRICH. Mr. Speaker, I want to en- HIS ATTAINMENT OF EAGLE the charm and character of small towns and courage my colleagues to read the following SCOUT small town people. The town of Saratoga is article the Wall Street Journal which was writ- certainly no exception. The traits which make ten by a woman who owns a small business me most fond of such communities are the un- in the Sixth district of Georgia. Although the HON. DENNIS J. KUCINICH deniable camaraderie which exists among President may have good intentions when he OF OHIO neighbors and their strong civic pride. Looking suggests that raising the minimum wage IN THE HOUSE OF REPRESENTATIVES out for one another and the needs of the com- would help working Americans, I believe that Tuesday, March 24, 1998 munity make places like the Quaker Springs Ms. Cane points out that another minimum Mr. KUCINICH. Mr. Speaker, I rise to honor Fire District great places to live. This concept wage increase would actually hurt the people Shaun Hughes of Cleveland, Ohio, who will be of community service and pride is exemplified it is trying to help which include teenagers, honored April 4, 1998 for his attainment of by the devoted service of the members of their working mothers, and single parents. Eagle Scout. volunteer fire department. For 50 years now, [From the Wall Street Journal, March 13, The attainment of Eagle Scout is a high and this organization has provided critical services 1998] rare honor requiring years of dedication to for its neighbors on a volunteer basis. Mr. Speaker, it is all too rare that you see MINIMUM WAGE: WHO PAYS? self-improvement, hard work and the commu- fellow citizens put themselves in harm's way (By Harriet F. Cane) nity. Each Eagle Scout must earn 21 merit badges, twelve of which are required, includ- for the sake of another. For the members of President Clinton and his allies in Con- the Quaker Springs Fire Department, however, gress are calling for another increase in the ing badges in: lifesaving, first aid; citizenship minimum wage. But they should consider in the community, citizenship in the nation; citi- this is a day to day occurrence. Our young the experience of small-business owners like zenship in the world, personal management of people would do well to emulate the selfless me, who struggled through the last increase. time and money, family life, environmental service of these noble individuals. On April 19, I own and manage a small cafe. I have had as science, and camping. 1998 the fire company will be holding a cere- many as 16 employees; I now have nine. Most In addition to acquiring and proving pro- mony to commemorate this milestone. This of them are teenagers; the rest, working will provide the ideal opportunity for the resi- mothers. ficiency in those and other skills, an Eagle Scout must hold leadership positions within dents of the area to extend their gratitude to Before the last increase I wrote letters to this organization and its members, both past the president and my congressmen. I ex- the troop where he learns to earn the respect plained that the mandated wage increase was and hear the criticism of those he leads. and present. only the tip of the iceberg. To maintain the The Eagle Scout must live by the Scouting Mr. Speaker, I have always been one to wage increment for senior employees, I Law, which holds that he must be trustworthy, judge people by how much they give back to would have to raise their wages above the loyal, brave, helpful, friendly, courteous, kind, their community. By that measure, the mem- new minimum. My monthly payroll would obedient, cheerful, thrifty, clean, and reverent. bers of the Quaker Springs Fire Department increase by $570—and that didn’t include the And the Eagle Scout must complete an are truly great Americans. I am extremely payroll taxes for Social Security, Medicare, Eagle Project, which he must plan, finance proud of this organization because it typifies unemployment insurance and workman’s the spirit of volunteerism which has been a compensation. For my efforts I received and evaluate on his own. It is no wonder that nicely worded form letters about the benefits only two percent of all boys entering scouting central part of American life. To that end, it is of the wage increase. achieve this rank. with a sense of pride, Mr. Speaker, that I ask When the increase passed, I had to reduce My fellow colleagues, let us recognize and all members of the House to join me in paying staffing hours. Result: I am working harder congratulate Shaun for his achievement. tribute to the Quaker Springs Fire Department to earn my money. I already worked six days f on the occasion of its 50th anniversary. a week, every week. The staffing cutbacks f increased my workload by 15 hours a week. I QUAKER SPRINGS FIRE DEPART- also cut back on outside services, so I am MENT CELEBRATES 50 YEARS OF TRIBUTE TO THE 100TH ANNIVER- now mopping my own floors two weeks each COMMUNITY SERVICE SARY OF THE BOROUGH OF month and doing all my own accounting, the TOTOWA weekly laundry and as many of the repairs as I can. HON. GERALD B.H. SOLOMON When Mr. Clinton signed the wage increase OF NEW YORK HON. BILL PASCRELL, JR. into law, he had by his side a minimum-wage IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY worker who stated that now she did not have IN THE HOUSE OF REPRESENTATIVES to choose between paying her electric bill or Tuesday, March 24, 1998 her gas bill. The same evening, our local Mr. SOLOMON. Mr. Speaker, anyone who Tuesday, March 24, 1998 news interviewed a woman who said she Mr. PASCRELL. Mr. Speaker, I would like to would now be able to buy her daughter a visits my office can't help but notice the dis- compact disk player for graduation. I do not play of fire helmets that dominates my recep- call to your attention the truly momentous oc- begrudge either of these women their good tion area. The main reason for this is the fact casion of the 100th Anniversary of the Bor- fortune. But business owners work hard too, that I learned firsthand the true value of Fire ough of Totowa in Passaic County, New Jer- and we also have to make tough choices. I Companies. While serving as Queensbury sey. suffer from several chronic illnesses, and the Town Supervisor, and a New York State Leg- The incorporation of Totowa in 1898 as a wage increase has forced me to cut back on islator, I had the privilege of being an active municipality in Passaic County, New Jersey, medical care. member of the Queensbury Central Volunteer defined the boundaries that included the 3.7 Money for minimum wage increases has to come from somewhere, Mr. Clinton’s pro- Fire Company. It was this experience that square miles of mountain, meadows, rivers, posed increase would raise my annual pay- gave me a tremendous respect for those who and glens that are known today as Totowa roll by $7,200, forcing me to close my doors. provide fire protection in our rural areas. Borough. To the politicians I say this: You have the In a largely rural area like the 22nd District The original inhabitants of Totowa were the power to destroy the American Dream for of New York, fire protection is often solely in Minsi tribe of the Lenni-Lenape people.

∑ 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. E446 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1998 ``Minsi'' means ``people of the stony country.'' will be honored March 29, 1998 for his attain- truly a great American. We should all strive to The Lenni-Lenape word ``Totauwei,'' from ment of Eagle Scout. emulate the service of this small-town hero, which we get the name Totowa, has been The attainment of Eagle Scout is a high and taking time out of each of our days to further translated to mean ``heavy falling weights of rare honor requiring years of dedication to the health and well-being of our communities. water'' or ``where the water dives and re- self-improvement, hard work and the commu- With that in mind, Mr. Speaker, I ask all Mem- appears.'' Many historians believe this was in nity. Each Eagle Scout must earn 21 merit bers to join me in paying tribute to Harold Jor- reference to the Great Falls of the Passaic badges, twelve of which are required, includ- dan in honor of his extraordinary forty-seven River in Paterson. ing badges in: lifesaving; first aid; citizenship years of service as a volunteer fireman. Settled by the Dutch around 1620, Totowa in the community; citizenship in the nation; citi- f soon became part of the thriving, larger Dutch zenship in the world; personal management of colony in the New York-New Jersey area. The time and money; family life; environmental TRIBUTE TO LIEUTENANT JOHN colony changed to British rule in 1664 until the science; and camping. REAGAN ON THE OCCASION OF War for Independence began in 1776 and set In addition to acquiring and proving pro- HIS RETIREMENT FROM THE the stage for a new nation. ficiency in those and other skills, an Eagle CHICAGO POLICE DEPARTMENT Totowa's shining moment in our nation's Scout must hold leadership positions within history came during the summer and fall of the troop where he learns to earn the respect HON. WILLIAM O. LIPINSKI 1780 when General Washington and his Con- and hear the criticism of those he leads. OF ILLINOIS tinental Army positioned themselves along the The Eagle Scout must live by the Scouting IN THE HOUSE OF REPRESENTATIVES Totowa ridges, protected by the high ground Law, which holds that he must be: trustworthy, and overlooking the river barrier to the East. Tuesday, March 24, 1998 loyal, brave, helpful, friendly, courteous, kind, During this time, some of our greatest patriots Mr. LIPINSKI. Mr. Speaker, I would like to obedient, cheerful, thrifty, clean, and reverent. trod on Totowa's soil. Among this group were pay tribute to a dedicated police officer who And the Eagle Scout must complete an Generals Washington, Wayne, Knox, Stirling, has spent 36 years protecting the lives and Eagle Project, which he must plan, finance Huntington, Glover, Saint Claire, Howe, and property of his fellow citizens, Lieutenant John and evaluate on his own. It is no wonder that Greene. Additionally, the famous Marquis de T. Reagan of the Chicago Police Department. only two percent of all boys entering scouting Lafayette, Baron von Steuben, and the young Since 1962, Lieutenant Reagan has served achieve this rank. Colonel Alexander Hamilton were also the city of Chicago and his community, includ- My fellow colleagues, let us recognize and Totowa's honored guests. ing many people from my district, as a mem- congratulate Joseph for his achievement. During Washington's encampment, the ber of the Chicago Police Department. Most f Army's most valued possession was their artil- recently he has worked in the Violent Crimes lery, gathered at great risk and cost. General HAROLD JORDAN: AMERICAN Office One Detective Division. Washington and his Artillery Officer, General HERO On March 5, 1998, however, Lieutenant Henry Knox, chose to place their cannons John Reagan retired from the police force. His close to Totowa Road where they could be HON. GERALD B.H. SOLOMON presence will certainly be missed, both by his used to support the army, but were to be fellow officers and by the members of his quickly withdrawn Westward in the event of a OF NEW YORK community who he has served diligently for British breakthrough. Indeed some of the IN THE HOUSE OF REPRESENTATIVES many years. street names such as Artillery Park Road, Tuesday, March 24, 1998 Mr. Speaker, I salute Lieutenant John T. Knox Terrace, Battle Ridge Trail, and Lookout Reagan on his 36 years of service as a police Point Trail reflect this proud period in our his- Mr. SOLOMON. Mr. Speaker, I have always been partial to the charm and character of officer. I would like to extend my very best tory. wishes for continued success and happiness The Borough of Totowa was part of Essex small towns and small town people. That is on his retirement and in the years to come. County and then Bergen County before the why I travel home to my congressional district f County of Passaic was formed in 1837. Until nearly every weekend, to spend time in the the incorporation in 1898, Totowa was part of picturesque towns with the remarkable people TRIBUTE TO SISTER PATRICIA Manchester Township. The first election in the of the 22nd district of New York. CODEY new municipality showed 85 registered voters Harold Jordan, of Greenwich, New York, with 75 voting on April 12, 1898. epitomizes what I love most about my con- From humble beginnings, Totowa has en- stituents: the undeniable selflessness and ca- HON. BILL PASCRELL, JR. joyed steady growth until the end of World maraderie which exists among neighbors who OF NEW JERSEY War II, which brought an influx of young fami- always look out for one another and the needs IN THE HOUSE OF REPRESENTATIVES lies into the Borough thus doubling the popu- of the community. Harold has been a member Tuesday, March 24, 1998 lation in the following decade. Today, through of the Greenwich Volunteer Fire Department Mr. PASCRELL. Mr. Speaker, I would like to the efforts of citizens past and present, for forty-seven years, and still maintains active call to your attention Sister Patricia Codey Totowa has become a balanced community status, having responded personally to 90% of who is being honored this evening at the 55th with a blend of commerce, industry, and resi- the calls in 1997. He has constantly put him- Annual Dinner Dance of the Friends of Brian dential areas designed to provide affordable self in harm's way for his fellow citizens, sav- Boru. suburban living for its residents. In return, ing countless lives and dollars in property Sister Patricia is being honored this evening Totowa citizens have developed a tradition of damage over his long and storied term of with the organization's `Ìrish Religious of the volunteer service to their community, giving service. Harold has spent the majority of his Year Award.'' This award is given in recogni- freely of their time and energy to benefit their life protecting his community in this way, and tion of her selfless and dedicated service, ef- neighbors. as a former volunteer fireman myself, I under- forts and contributions that have served to im- Mr. Speaker, I ask that you join me, our col- stand and appreciate the commitment required prove the quality of life for the residents of the leagues, and Totowa's Mayor, Council, and to perform such vital public duties. State of New Jersey. residents in celebrating the truly momentous Just as important as the lives and property Sister Patricia's remarkable record of lead- occasion of the Borough of Totowa's 100th which Harold has helped save is the example ership includes teaching at Saint Paul's in Clif- Anniversary. he's set for others around him, especially for ton, law intern at the Essex County Prosecu- f young people. In our fast-paced modern soci- tor's office, and Assistant Federal Defender in IN HONOR OF JOSEPH M. CONDON ety, the joy and responsibility of volunteering the Federal Public Defender's office in New- ON HIS ATTAINMENT OF EAGLE too often fall by the wayside in the quest for ark. SCOUT wealth and status. I am proud to say that peo- Additionally, Sister Patricia serves her fellow ple like Harold Jordan prove that in the 22nd citizens as Representative in the Sisters of HON. DENNIS J. KUCINICH district of New York, the spirit of voluntarism Charity Southern Provincial Assembly, the which made America great is still alive and Red Mass Committee, the Seton Hall Law OF OHIO well! School, the Archdiocese of Newark Response IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I have always been one to Team, and the Judicial and Prosecutorial Ap- Tuesday, March 24, 1998 judge individuals in large part by the amount pointments Committee in Essex County. Mr. KUCINICH. Mr. Speaker, I rise to honor of time and care they give back to their com- Mr. Speaker, I ask that you join me, our col- Joseph M. Condon of Cleveland, Ohio, who munity. By that measure, Harold Jordan is leagues and, Sister Patricia's family and March 24, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E447 friends in recognition of Sister Patricia Codey's in Windham, New York, the people still put TRIBUTE TO VERONICA ‘‘RONNIE’’ many outstanding and invaluable contributions their community first. SOMMER to the community. Mr. Speaker, on March 27, 1998, Windham f celebrates its 200th anniversary. After two HON. BILL PASCRELL, JR. OF NEW JERSEY IN HONOR OF ZACHARY J. BROWN centuries, Windham is still thriving and setting IN THE HOUSE OF REPRESENTATIVES ON HIS ATTAINMENT OF EAGLE an example of small-town values, from which SCOUT I believe many other cities and towns could Tuesday, March 24, 1998 learn a great deal about creating a wonderful Mr. PASCRELL. Mr. Speaker, I would like to environment to live and raise a family. In that call to your attention Ms. Veronica ``Ronnie'' HON. DENNIS J. KUCINICH spirit, Mr. Speaker, I ask that all members join OF OHIO Sommer who is being honored this evening at me in paying tribute to Windham, New York the 55th Annual Dinner Dance of the Friends IN THE HOUSE OF REPRESENTATIVES on the occasion of it's bicentennial celebration. of Brian Boru. Tuesday, March 24, 1998 May the next two hundred years be even bet- Ronnie is being honored this evening with Mr. KUCINICH. Mr. Speaker, I rise to honor ter than the first. the organization's `Ìrishwoman of the Year Zachary J. Brown of Cleveland, Ohio, who will Award.'' This prestigious award is given in rec- be honored March 29, 1998 for his attainment f ognition of her selfless and dedicated efforts, of Eagle Scout. and contributions that have served to improve The attainment of Eagle Scout is a high and YOUTH LEADERSHIP AT ITS the quality of life for the residents of Essex rare honor requiring years of dedication to FINEST—CHRISTOPHER JACKSON County and the surrounding community. self-improvement, hard work and the commu- Ronnie's remarkable record of leadership in- nity. Each Eagle Scout must earn 21 merit cludes 20 distinguished years of service on badges, twelve of which are required, includ- HON. WILLIAM O. LIPINSKI the Saint Patrick's Day Parade Committee, of ing badges in: lifesaving; first aid; citizenship OF ILLINOIS which in 1996 she served as the Parade's in the community; citizenship in the nation; citi- Deputy Grand Marshall. zenship in the world; personal management of IN THE HOUSE OF REPRESENTATIVES Additionally, Ronnie has served her fellow citizens as an active member of the ``Women time and money; family life; environmental Tuesday, March 24, 1998 science; and camping. of Irish Heritage,'' where she has served as In addition to acquiring and proving pro- Mr. LIPINSKI. Mr. Speaker, I would like to President from 1987 through 1989, and is cur- ficiency in those and other skills, an Eagle take this opportunity to recognize an outstand- rently the President for a second term; the Scout must hold leadership positions within ing individual from my district, Christopher New Jersey Irish Festival for 16 years; Inde- the troop where he learns to earn the respect Jackson. Christopher, a senior at Marist High pendent Irish for 12 years; and many other nu- and hear the criticism of those he leads. School, has proven himself time and time merous Irish organizations. The Eagle Scout must live by the Scouting again to be an intelligent, energetic and multi- Mr. Speaker, I ask that you join me, our col- Law, which holds that he must be: trustworthy, talented individual. leagues and, Ronnie's family and friends in recognition of Veronica ``Ronnie'' Sommer's loyal, brave, helpful, friendly, courteous, kind, I have been acquainted with Christopher for obedient, cheerful, thrifty, clean, and reverent. many outstanding and invaluable contributions several years now. For the past 28 years I to the community. And the Eagle Scout must complete an have sponsored an `Àll American Boy, All Eagle Project, which he must plan, finance f American Girl'' which annually recognizes out- and evaluate on his own. It is no wonder that standing seventh and eighth grade students in IN HONOR OF ST. PATRICK’S only two percent of all boys entering scouting my district on their accomplishments both aca- PARISH achieve this rank. demically and service within the community. My fellow colleagues, let us recognize and Christopher is the first and only participant of HON. DENNIS J. KUCINICH congratulate Zachary for his achievement. the `Àll American Boy'' competition to have OF OHIO f won twice. IN THE HOUSE OF REPRESENTATIVES TOWN OF WINDHAM CELEBRATES Christopher Jackson possesses strong Tuesday, March 24, 1998 200TH ANNIVERSARY qualities as a leader amongst his peers and Mr. KUCINICH. Mr. Speaker, I rise today to as a role model for others. He is a caring per- commemorate the sesquincentennial of St. HON. GERALD B.H. SOLOMON son who is always willing to lend a helping Patrick's Parish, one of Cleveland's foremost OF NEW YORK hand in the community. Christopher remains Catholic congregations. During its tenure, St. IN THE HOUSE OF REPRESENTATIVES active both academically and athletically in Patrick's has served as a beacon for the reli- school and performs various community serv- gious community of West Park in Cleveland Tuesday, March 24, 1998 ice duties throughout the community, has ex- and, recently, has taken numerous steps to Mr. SOLOMON. Mr. Speaker, I have always celled remarkably in his scholastic and athletic service the people of the community. been partial to the charm and character of areas. St. Patrick's Parish was founded on March small towns and small town people. That is 17, 1848 in the home of Morgan Waters, a In the fall of 1997, Christopher was honored why I travel home to my congressional district humble beginning for the church. In the first as a finalist of the Wendy's High School every weekend, to spend time in the pictur- years of its existence, St. Patrick's was a par- Heisman award. Out of a pool of 10,020 cho- esque towns with the remarkable people of ish without a home, but the generosity of sen for the competition, 12 national finalists the 22nd district of New York. I truly believe many in its congregation served its spacial were invited to New York City for the awards that the people and places around my home needs. In 1851, Patrick Lahiff donated a half- program and banquet. Students are nominated are among the most beautiful and welcoming acre of land and after three years of construc- for this award based on their individual aca- in the world. tion, a wood frame church was built. The par- demic achievements, athletic accomplish- Nestled in the scenic Catskill Mountains in ish school was founded a few years later and ments, and community service. Mr. Jackson upstate New York, the town of Windham typi- several groups of Cleveland-area sisters such has demonstrated all of the above with great fies what I love most about my district. Much as the Sisters of Notre Dame and the Ursulan is said about the loss of traditional values in performance and is a truly well developed indi- Sisters were brought in to educate the stu- many parts of our nation. In Windham, how- vidual. dents. ever, like many of the towns and villages of I would like to extend my best wishes as After years of service to the parish commu- the 22nd district, the spirit of community is still Christopher graduates from Marist High nity, the old wood church was torn down in going strong. The citizens of Windham know School in May 1998 and with all his future en- favor of a large, impressive, spacious stone their neighbors, and, in a tradition dating back deavors. Christopher is an energetic and intel- church. The new building was dedicated in to the founding of our nation, they know that ligent individual who will have a bright future 1898 and has continued to serve as a sanc- if they are ever in need, their fellow citizens with all he chooses to accomplish. I would tuary for the community until this day. The will be there for them without question. This also like to extend my warmest wishes to his parish received its first resident pastor in 1910 spirit is the foundation on which America was family as Christopher is headed toward suc- and has continued to grow in its population built, and I am proud to say that in my district, cess. ever since. E448 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1998 The main focus of St. Patrick's in this cen- Mr. Speaker, we know our colleagues join There are now groups and ministries provid- tury has been service to the community. Dur- us in congratulating these two outstanding ing real support: food for the mind as well as ing the Great Depression, the parish operated women on their service and dedication. We the body. Ministries such as Visitation of the a school and tried to feed the hungry and cold appreciate their true spirit of giving and help- Sick and Shut-In, the Community Empowering of the area. St. Patrick's Hunger Center was ing others that makes the Northern Virginia and Outreach in Public Housing and the Re- installed many years later as a way to con- community such a fine place to live and work. claiming Our Youth and Mentoring Program tinue service to the less fortunate of the com- f are but a few of these organizations. There munity. Also, a parish council was established are also ministries such as SOME and OUR LADY QUEEN OF PEACE to better service the congregation of St. Pat- SHARE that prepare and distribute food for CHURCH CELEBRATES 50TH AN- rick's. the hungry, the Prison Ministry and the Youth NIVERSARY St. Patrick's has clearly been a beacon for Ministry. The HIV/AIDS Ministry of Hope and the community of West Park in Cleveland dur- Love is only a few months old and works side- ing its 150 year existence. My fellow col- HON. ELEANOR HOLMES NORTON by-side with the venerable St. Vincent de Paul leagues, join me in saluting a gem of the West OF THE DISTRICT OF COLUMBIA Society that has been meeting the needs of Park neighborhood, St. Patrick's Parish. IN THE HOUSE OF REPRESENTATIVES the poor in the community for its 50 years in f Tuesday, March 24, 1998 existence at Our Lady Queen of Peace. Ms. NORTON. Mr. Speaker, I rise to pay INTER-CLUB COUNCIL AWARDS Mr. Speaker, I ask this august body to join tribute to Our Lady Queen of Peace Church me in saluting a snapshot of this church, itself on its 50th Anniversary as a Church and Par- homeless for more than eight years of its early HON. THOMAS M. DAVIS ish in the Archdiocese of Washington. life, yet rooted from the start to build, love and OF VIRGINIA Fifty years ago, Our Lady Queen of Peace serve families. was little more than a mission of the St. HON. JAMES P. MORAN Francis Xavier Church that at the time was f OF VIRGINIA said to be the largest parish in Southeast IN THE HOUSE OF REPRESENTATIVES Washington. On the eve that it was formally HONORING THE 60TH REDWOOD Tuesday, March 24, 1998 announced as a parish, it had no building of REGION LOGGING CONFERENCE its own and was in fairly embryonic state. It AND DON ANDERSON Mr. DAVIS of Virginia. Mr. Speaker, it gives had been established as a mission in March my colleague, Mr. MORAN, and myself great 1943 during the turbulence of World War II by pleasure to rise today and pay tribute to Mrs. the late Monsignor Joseph V. Buckley. If there HON. FRANK RIGGS Martha McCash and Mrs. Thelma Gallant was a physical edifice to call home, it was dis- OF CALIFORNIA McDonald, two outstanding citizens of North- tributed between three buildings: The City ern Virginia for their dedicated community Bank Building, the Senator Theater and a IN THE HOUSE OF REPRESENTATIVES service. On March 25, they will be honored by small store building, all of which were clus- Tuesday, March 24, 1998 the Inter-Service Club Council of Springfield tered along Minnesota Avenue just below ISCC as co-recipients of the Bob Westmore- Benning Road. These were indeed humble cir- Mr. RIGGS. Mr. Speaker, I rise today to rec- land Award for Person of the Year. cumstances and remained so for nearly nine ognize the 60th Anniversary of the Redwood Martha is currently the Secretary of the years. The church's early parishioners, bol- Region Logging Conference and its 1998 Kiwanis Club of Springfield and formerly stered by their first pastor, Reverend James Achievement Award Winner, Don Anderson. served as President. She coordinates the ac- H. Brooks, set to work helping him to build For over 60 years the Redwood Region tivities of twenty-two Kiwanis-affiliated Key and organize the new parish. In January of Logging Conference has provided a forum for Clubs in area high schools. Martha's devotion 1950, construction began on the church and the exchange of ideas by focusing on the im- and hard work has earned her the support of school at its present location, the corner of Ely provement of forest management and harvest- the high schools' faculty advisors, the Presi- Place and Ridge Road, SE. The first Mass of ing practices in the redwood and Douglas-fir dent of the Springfield Club, and the Capital the Eucharistic Celebration was held on De- forests of Northwestern California. The Con- Kiwanis Key Clubs Zone Administrator. Her cember 24, 1951, in the building while it was ference provides an opportunity to showcase past honors for outstanding community service under construction. the men and women of the logging industry to include the Capital District Kiwanis Governor's Even in that long ago generation, before the communities in which they work and live. Distinguished Service Award, the Kiwanis Queen of Peace had a home of its own, its International Distinguished Club Officers members were founding organizations to ad- The organization was founded in 1936 by Award for 1995, and 1996 and 1997, and the dress social concerns extending beyond the Professor Emanuel Fritz. Thirty-six men at- Capital District Kiwanis Distinguished Member church membership. That membership was tended the first meeting a the Eureka Inn in Award for 1994, 1995, 1996 and 1997. Mar- composed of many converts and non-Catho- Eureka, California. Professor Fritz thought a tha's clear dedication to service makes her lics who were regular Sunday mass worship- logging conference was a great opportunity to truly deserving of the Bob Westmoreland ers. Many of these organizations are corner- bring loggers together for an exchange of Award. stones of Our Lady Queen of Peace and have ideas and to become better acquainted with Thelma has persevered through the great been active for almost as long as the parish one another. That first meeting was an un- personal loss of being twice-widowed, to de- has existed. Such groups as the St. Vincent qualified success, and the Conference has vote herself to community service. For ten de Paul Society, the Sodality, the Parish Cred- been an annual affair since 1936, with only a years, she was involved in American Legion it Union, the Parish Council, the Men's Club, short lapse during World War II. Auxiliary Unit 176 Junior activities. As a Girl the Catholic Youth Organization (CYO), and The Redwood Region Logging Conference Scout Troop Leader, Thelma was active in a the Scouting programs fall in this category. is an industry leader because of its exemplary program to provide performing groups to local They have done much to make Our Lady education program. The goals of the program schools. She has been involved with the Host Queen of Peace the still ``young, but strong are to educate the public and students on for- Lions Club for thirty-five years, first as a and active'' church that it is. These groups, estry and logging practices in the Redwood spouse, then as member in 1994. There she and their activities, encourage brotherhood in Region. The Conference is the major sponsor trained and managed Lions Club sponsored the true sense of the word both within and of the Redwood Forest Institute for Teachers, baton corps, served on the Club Board of Di- outside the parish. the Temperate Forest Teacher Tour, the rectors, chaired the local Nursing Home Bingo Since that time, mainly under the umbrella northcoast section of Future Farmers of Amer- prize project, and chaired a project that col- of the Social Justice and Community Outreach ica Forestry judging contest. Additionally, the lected over one hundred lap rugs for a nursing committees of the Pastoral Council, new orga- Conference funds the transportation needs for home and seniors. In addition, she is active in nizations have emerged in response to the the field trips which give children a better un- church programs to aid handicapped children needs of the neighborhood-at-large as well as derstanding of the forestry and logging indus- and a local nursing home, and has logged the parish family. One particular endeavor the try. Each year, over $10,000 of academic over one thousand hours of volunteer service Church recently worked on with the commu- scholarships are awarded to forestry students at Fairfax Hospital. The Bob Westmoreland nity was to put pressure on the city to remove from accredited forestry programs throughout Award is well bestowed on Thelma with her abandoned buildings located on Ridge Road California. Also, approximately two thousand unwavering commitment to others. SE that had become havens for drug traffic. children attend the annual Forest Education March 24, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E449 Day which is held during the Logging Con- and large kitchen. The building was finished in The Eagle Scout must live by the Scouting ference. 1926 and was given to the Highland Women's Law, which holds that he must be: trustworthy, I would also like to recognize this year's Club to maintain. loyal, brave, helpful, friendly, courteous, kind, Redwood Region Logging Conference Over the years, the building was used for a obedient, cheerful, thrifty, clean, and reverent. Achievement Award winner, Don Anderson. variety of purposesÐChamber banquets, And the Eagle Scout must complete an Don was born in Wisconsin in 1926 and at the church affairs, community service work, Eagle Project, which he must plan, finance age of seventeen had his first taste of logging square dancing, and even the crowning of and evaluate on his own. It is no wonder that while working for Peterson Brothers Logging several Miss Highland contestants for the Na- only two percent of all boys entering scouting at a logging camp near Mercer, Wisconsin. tional Orange Show. Largely because of the achieve this rank. After a stint as a Merchant Seaman from 1944 expense of maintaining the building, the My fellow colleagues, let us recognize and to 1946, Don landed in Fort Bragg, California women of the club sold the building to the congratulate Brian for his achievement. where he met his future wife, Marie. Don and Highland Temple Baptist Church in 1975. f Marie have three children, Donna, Mike, and The outstanding work of the Highland Wom- CELEBRATING RHODE ISLAND Joe, six grandchildren and three great-grand- en's Club is well known and deeply appre- MANUFACTURING children. The Andersons celebrated their fif- ciated by local citizens. It has been actively in- tieth wedding anniversary last year. volved with the PTA, little league, scouting, 4± In 1947, Don was reunited with the logging H and other activities relating to the youth of HON. PATRICK J. KENNEDY industry, working a myriad of jobs within the our community. It has also played a role in OF RHODE ISLAND industry. In 1963, Don and Marie refinanced raising awareness of fire safety rules among IN THE HOUSE OF REPRESENTATIVES their home and went into the logging business grade school students and purchasing sup- Tuesday, March 24, 1998 as a junior partner in Eastman Logging. Don plies for the first paramedic truck in Highland, Mr. KENNEDY of Rhode Island. Mr. Speak- went into business on his own and Anderson as well as the Jaws of Life for the local fire er, I rise today in support of the second an- Lagging was born in 1977. By 1983, it became station. The Women's Club also assisted the nual Rhode Island Manufacturing Week taking obvious to Don that his sons, Mike and Joe, Highland Citizens Patrol with the purchase of place from April 27 to May 1 of this year. The were ready and able to run the company he uniforms as well as with the purchase of radio conference is a celebration of the significant had founded. Mike and Joe took over the busi- equipment for the local sheriffs office. role manufacturing has played and will con- ness in 1983 and have built it into a very suc- The contributions made by the Highland tinue to play in the lives of the people of cessful company. Women's Club to education has been nothing Rhode Island. But it is much more than that. There have been many hard working men short of remarkable. It has adopted the High- The week-long seminar is an opportunity to and women over the past 60 years, who, just land Head Start School in recent years and educate the over 2,500 manufacturing compa- like Don and Marie, have worked in and cared has also taken part in the Pennies for Pines nies in Rhode Island about the latest in tech- for the forests of northern California. These Program since the 1950's. All of these activi- nological business advances. It is an oppor- men and women have contributed much to the ties underscore one fundamental point: the tunity to stress the necessity of adapting to the communities where they have lived, worked, Highland Women's Club has made a dif- constant cultural and societal changes that im- and raised their families. The Redwood Re- ference for 100 years and is well on its way pact our economy. In short, it is an opportunity gion Logging Conference has done the log- to making a difference for at least another 100 to ensure that Rhode Island manufacturers re- ging industry a great service by highlighting years. main competitive in today's rapidly changing these individuals through their Annual Mr. Speaker, I ask you to join me and our market. Achievement Awards. colleagues in recognizing the outstanding con- This year, the Rhode Island Manufacturing Once again, I salute the Redwood Region tributions made to our local community by this Week organizing committee is honored to Logging Conference and its 1998 Achieve- tremendous organization. The Highland Wom- have Mr. Daniel S. Goldin, Administrator at ment Award winner, Don Anderson. en's Club represents the very finest in civic NASA, as its keynote speaker. Mr. Goldin will f and community affairs and it is only appro- discuss the most modern NASA technology, priate that the House recognize this organiza- and how that technology can be commercially A TRIBUTE TO THE HIGHLAND tion during its centennial celebration. applied to improve the changing face of busi- WOMEN’S CLUB f ness. As we all know, an essential element in the growth of our nation is the sustained suc- HON. JERRY LEWIS IN HONOR OF BRIAN J. SAMMON cess of our manufacturing infrastructure. This ON HIS ATTAINMENT OF EAGLE industry is a part of our historical job base, OF CALIFORNIA SCOUT and is a key to our economic future. IN THE HOUSE OF REPRESENTATIVES Today in Rhode Island, there are over Tuesday, March 24, 1998 80,000 high skill/high wage manufacturing HON. DENNIS J. KUCINICH jobs. Successful public/private partnerships Mr. LEWIS of California. Mr. Speaker, I OF OHIO there are proving that the government and pri- would like to bring to your attention today the IN THE HOUSE OF REPRESENTATIVES vate corporations can work together to not just fine work and outstanding public service of the Tuesday, March 24, 1998 succeed, but rather flourish. Simply put, Highland Women's Club of Highland, Califor- Rhode Island is taking the lead in what should nia. Earlier this year, the club marked its cen- Mr. KUCINICH. Mr. Speaker, I rise to honor be a nationwide fight to reinvigorate American tennial as an active and vibrant part of the Brian J. Sammon of Cleveland, Ohio, who will manufacturing. The Manufacturing Week Con- local community. be honored March 29, 1998 for his attainment ference is a giant step in this direction. On January 14, 1898, ten ladies in the vil- of Eagle Scout. As the birthplace of the Industrial Revolu- lage of Highland met to organize the Pleasant The attainment of Eagle Scout is a high and tion, Rhode Island long ago recognized the Hour Club. From this small beginning, the first rare honor requiring years of dedication to significance of manufacturing. In 1790, innova- library hall was built and, with the assistance self-improvement, hard work and the commu- tions by Rhode Islander Samuel Slater helped of the members of the Pleasant Hour Club, nity. Each Eagle Scout must earn 21 merit spur along industrial changes that dramatically furnished and manned. Later, after this first badges, twelve of which are required, includ- impacted both our nation and the world. Since building burned, another library hall and public ing badges in: lifesaving; first aid; citizenship that time, technological improvements have library was built in what is now the Knights of in the community; citizenship in the nation; citi- continued to alter the landscape of the busi- Pythias Hall on West Main Street. The Pleas- zenship in the world; personal management of ness industry. In order to stay competitive in ant Hour Club met in both of these buildings. time and money; family life; environmental this environment, leadership is necessary to In 1926, the people of Highland raised science; and camping. educate and sustain our businesses. The money to build a facility at the corner of Palm In addition to acquiring and proving pro- Rhode Island Manufacturing Week Conference Avenue and Main Street. A lovely large Span- ficiency in those and other skills, an Eagle is attempting to provide that leadership, to pro- ish style building, it housed the public library, Scout must hold leadership positions within vide that education, to provide that suste- the Chamber of Commerce, and a very large the troop where he learns to earn the respect nance, so that our economy, and in turn our beautiful meeting room with a stage, fireplace, and hear the criticism of those he leads. nation, can continue to grow as it should. E450 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1998 IN HONOR OF RABBI ALLEN & called upon by the state Department of Edu- badges, twelve of which are required, includ- ALISA SCHWARTZ cation many times for her expertise in a vari- ing badges in: lifesaving; first aid; citizenship ety of subjects. In all of this work, Mrs. Ames' in the community; citizenship in the nation; citi- HON. CHARLES E. SCHUMER goal has been to improve the quality of edu- zenship in the world; personal management of OF NEW YORK cation for the children of our community. As a time and money; family life; environmental IN THE HOUSE OF REPRESENTATIVES former teacher and school board member my- science; and camping. selfÐand the mother of children who attended In addition to acquiring and proving pro- Tuesday, March 24, 1998 public schoolsÐI can attest to the importance ficiency in those and other skills, an Eagle Mr. SCHUMER. Mr. Speaker, I wish to take of this work. This high honor is well deserved. Scout must hold leadership positions within this opportunity to commend members of my Mrs. Ames holds a degree in bacteriology the troop where he learns to earn the respect community for their outstanding service, Rabbi from the University of Pennsylvania, where and hear the criticism of those he leads. Allen and his wife, Alisa Schwartz. This will she met her husband, veterinarian Sherman The Eagle Scout must live by the Scouting mark the 125th anniversary of Congregation Ames II. She worked several years as a re- Law, which holds that he must be: trustworthy, Ohab Zedek along with the 10th anniversary search chemist at General Aniline and Film loyal, brave, helpful, friendly, courteous, kind, of the arrival of Rabbi and Mrs. Schwartz to Corp. before becoming business manager of obedient, cheerful, thrifty, clean, and reverent. the fold. her husband's practice. She was also a re- And the Eagle Scout must complete an Since Rabbi Schwartz joined Congregation search fellow at the Hospital of the University Eagle Project, which he must plan, finance Ohab Zedek, things have not been the same. of Pennsylvania, where she conducted gov- and evaluate on his own. It is no wonder that In ten years, membership has increased 600 ernment-sponsored research on hepatitis. only two percent of all boys entering scouting percent. Under his direction, the Congregation Mrs. Ames has been a member of the War- achieve this rank. My fellow colleagues, let us recognize and has instituted countless charitable programs ren Hills Regional Board of Education since congratulate Daniel for his achievement. such as food delivery for the homebound, hos- 1969, serving twice as president, currently as f pital visits and clothing, food and toy drives. vice president and chairing a variety of com- His presence and service have helped to mittees over the years. She has been a mem- TRIBUTE TO CARL STEPHENS— guide the 125 year old congregation into be- ber of the Franklin Township Board of Edu- ALABAMA BROADCAST LEGEND coming a vibrant part of the upper West Side cation since 1974, serving three times as community. president, chairing several committees and HON. TERRY EVERETT Mrs. Schwartz has been equally successful serving on the Community Council. She is a OF ALABAMA in her activities at the Congregation. She has former president of the Warren County School IN THE HOUSE OF REPRESENTATIVES been very active in her efforts to develop a Boards Association and served on the board Tuesday, March 24, 1998 children's program at Ohab Zedek as well as of directors of the New Jersey School Boards a Shiurim for women of the congregation. Mrs. Association form 1975±1996. Mr. EVERETT. Mr. Speaker, I have been in- Schwartz has worked diligently side by side The state Department of Education called formed that one of Alabama broadcasting's Rabbi Schwartz to create a true sense of com- on Mrs. Ames to serve on its High School best loved personalities will soon retire after munity among the congregants. Graduation Requirements Committee in 1977 40 years behind the microphone and television In addition to being senior rabbi at Ohab and to participate in its retreat to study reorga- camera. Zedek, Rabbi Schwartz finds time to teach nization of the department in 1991. She A native Alabamian, Carl Stephens was Bible at Yeshiva University, where he was worked with the department's Northwest Edu- practically born into his profession. A radio also ordained. He is currently working on his cational Improvement Center from 1973±1979, sportcaster at the age of ten in his native doctoral thesis on the Methodology of Rashi serving one year as chairwoman. In 1985, she Gadsden and student manager of the college and has published numerous themes on Bible, participated in the Executive Academy for radio station while at the University of Ala- Rabbinics, Halakha and Jewish thought. He School Board Members. bama, Carl Stephens began his television ca- also manages to find time to write Bible cur- Mrs. Ames is a former chairwoman of the reer at the Alabama Educational Television riculum for Jewish Day Schools and lectures Warren County Economic Commission and Network before settling in as one of the states' on behalf of the Board of Jewish Education in has been involved in career education coordi- best-known on-camera personalities at WSFA New York. nation, family life planning and the student for- TV in Montgomery. I would like to take this opportunity to com- eign exchange program. She is a trustee of At WSFA, Carl Stephens forged a 38-year mend both Rabbi and Mrs. Schwartz for their the Charles Smith Foundation. career witnessing and reporting some of Ala- limitless generosity to the congregants of A former ballet dancer, Mrs. Ames is also bama's and the nation's most historic events Ohab Zedek. Their devotion to the community an avid swimmer. She and Dr. Ames live in during the 1960s. Despite his contribution to and effort to promote Jewish education is ad- Stewartville. They have five children and nine news reporting in Alabama, it is noteworthy mirable. I wish them the best on this ten year grandchildren. that Carl is best known by many Alabamians anniversary with Ohab Zedek and to the con- I would like to take this occasion to bring at- for his other roles. As host of a popular chil- gregation, many more great years of fellow- tention to the achievements and service of this dren's cartoon show in the late 1950's and co- ship. outstanding woman and add the recognition of anchor of the Auburn Football Review for f my colleagues in this House for all she has many years, Carl's genteel charm and warm done for Warren County. She deserves this personality best shown through the television CONGRATULATING ELIZABETH honor for her many years of hard work and screen, earning him wide respect and many AMES AS WOMAN OF THE YEAR dedication. loyal fans. Carl will begin his well-deserved retirement f HON. MARGE ROUKEMA effective this Thursday, but his voice will continue to be heard, as it has been for many OF NEW JERSEY IN HONOR OF DANIEL J. GARNEK years, over the public address system of Au- IN THE HOUSE OF REPRESENTATIVES ON HIS ATTAINMENT OF EAGLE SCOUT burn University football and basketball games. Tuesday, March 24, 1998 I join with all Alabama in wishing Carl, his Mrs. ROUKEMA. Mr. Speaker, I rise to con- wife Mary, and all his family the very best in HON. DENNIS J. KUCINICH the years ahead. gratulate Elizabeth Ames, of Stewartville, New OF OHIO f Jersey, on being named ``Woman of the Year'' IN THE HOUSE OF REPRESENTATIVES by the Warren County Commission for Tuesday, March 24, 1998 AMBASSADOR ROBERT E. HUNTER Women. Mrs. Ames has had a distinguished ON NATO ENLARGEMENT career as a volunteer in many areas of com- Mr. KUCINICH. Mr. Speaker, I rise to honor munity life but has been especially dedicated Daniel J. Garnek of Cleveland, Ohio, who will HON. TOM LANTOS to the cause of public education. She has be honored March 29, 1998 for his attainment OF CALIFORNIA served on local school boards for nearly three of Eagle Scout. IN THE HOUSE OF REPRESENTATIVES decades, been active in the Warren County The attainment of Eagle Scout is a high and School Boards Association and has been on rare honor requiring years of dedication to Tuesday, March 24, 1998 the New Jersey School Boards Association's self-improvement, hard work and the commu- Mr. LANTOS. Mr. Speaker, last week the board of directors for 20 years. She has been nity. Each Eagle Scout must earn 21 merit Senate began the debate on the admission of March 24, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E451 Poland, Hungary and the Czech Republic to Thus the 16 allies understand that security eral Shelton, Chairman of the Joint Chiefs of the North Atlantic Alliance. One of the key cannot just be based on accepting Russia’s Staff, detail the importance of the NATO mis- players in the process of admitting these three viewpoint, which includes leaving Central sion in Bosnia, and detail the very harmful Europe in limbo (the practical result of the consequences for the United States and for newly democratic states of Central Europe to views Broder reports); nor can it be based on NATO was Robert E. Hunter, who served for rushing all of Central Europe, unprepared, peace in Bosnia if U.S. troops were to be most of the past five years as the United into a Western alliance which freezing Rus- pulled out at this time.***P***The text of their States Ambassador to NATO in Brussels. Am- sia out and thus eroding allied strength and letters follow: bassador Hunter was a highly articulate and cohesion. Hard as it is to achieve, the per- HONORABLE RICHARD GEPHARDT, extremely effective representative of our gov- spectives of both Russia and the Central Eu- Minority Leader, House of Representatives. ernment in this critical post at that critical time, ropeans must be accounted for. They and the DEAR MR. GEPHARDT: We are informing you and we owe him a debt of gratitude for his current allies must all end up more secure, of our strong opposition to H. Con. Res. 227, and the alliance must be as strong and ro- as amended, directing the withdrawal of constructive and productive efforts. bust in the future as it is now. United States forces in Bosnia. The House As the Senate debate began last week, Mr. This is an agenda of unprecedented scope, will consider this matter on March 18. Speaker, two opinion pieces which were pub- but one NATO allies set out to achieve four We oppose this concurrent resolution for lished in The Washington PostÐone by David years ago. This is why enlargement is only both policy and legal reasons. As a policy Broder and the other by Jim HoaglandÐques- one part of the ‘‘new NATO’’ and the overall, matter, this resolution would fundamentally tioned the extent to which the enlargement of root-and-branch reform of European security undermine our efforts in Bosnia. It would en- to meet the realities of the 21st century. The courage those who oppose Dayton and would NATO has been thoroughly discussed and send the wrong signal to Serbia about U.S. evaluated prior to the Senate vote on this criti- integrated grand strategy devised by the alliance includes renovating the NATO com- resolve at exactly the time that concerns cal issue. I strongly disagree with the point of mand structure, creating new combined joint about destabilization in Kosovo are mount- view that these two experienced journalists task forces (and validating the principles in ing. It would totally undercut our ability to have expressed on this matter. While I could Bosnia) and making it possible for the Euro- implement the Dayton Accords and thereby express the reasons for my disagreement with peans to take more responsibility through a dramatically lessen regional stability. their positions at some length, Ambassador Western European union able for the first The President’s decision that the United Hunter has done a much more effective and time to take military action. States should participate in a NATO-led This strategy also explains why NATO cre- multinational force in Bosnia after SFOR’s concise job than I could do in responding to current mandate expires has already begun the issues raised in the two Post articles. ated the Partnership for Peace, which is both a program for NATO aspirants to meet the to affect the calculations of even the most Mr. Speaker, I ask that Ambassador Hunt- military demands of membership—a valid hardened Bosnian opponents of the peace ac- er's excellent response, published in The matter for Senate scrutiny—and a means for cords. If we disengage militarily from Bosnia Washington Post on Monday, March 23, be those who do not join to have practical en- now, the momentum we have built will stop. placed in the RECORD. I urge my colleagues to gagement with the alliance instead of feeling The result could be a return to war. read his thoughtful article. considered to a security gray area. It is why As a legal matter, the resolution is based NATO created a special partnership with on a part of the War Powers Resolution—sec- [From the Washington Post, Mar. 23, 1998] Ukraine, whose independence is a critical tion 5(c)—that is unconstitutional. We recog- THIS WAY TOA SAFER EUROPE test of any European security arrangements. nize that there have long been differences of opinion about the constitutionality and wis- (By Robert E. Hunter) It is why the alliance undertook responsibility for preserving peace in Bosnia, and why dom of the 60-day withdrawal provisions of David Broder and Jim Hoagland [op-ed, section 5(b) of the War Powers Resolution. March 18 and 19] see a rush to judgment in the United States has pressed the European Union to expand its membership. But there has been widespread agreement the impending U.S. Senate vote to admit Po- that section 5(c) is inconsistent with the Su- land, Hungary and the Czech Republic to And this grand strategy is why the allies negotiated the NATO-Russia Founding Act. preme Court’s 1983 decision in Chadha v. INS. NATO. They are right that full debate is Under Chadha, Congress cannot create a critical to create the potilical underpinning No one coerced President Boris Yeltsin into signing it, nor dragooned the Russions into legal requirement binding on the Executive for the most important U.S. commitment branch through a concurrent resolution, but abroad in a generation. They are wrong that the practical cooperation now taking place at NATO headquarters, nor drafted the 1,500 may only act through a resolution passed by the Senate is acting ‘‘in haste’’ (Hoagland) both Houses and submitted to the President or ‘‘outside the hearing of the American peo- Russian soldiers who serve with the Sta- bilization Force in Bosnia, within an Amer- for signature or veto. ple’’ (Broder). Rarely has any major foreign We also note that, even if section 5(c) were ican division under NATO command. And re- policy have been developed over such a long constitutional, it would not apply here be- markably, while NATO’s actions in Central period, displayed so fully before the public cause by its own terms it applies only to sit- Europe can resolve Russia’s historic pre- and considered so comprehensively with so uations where U.S. forces are ‘‘engaged in occupation with stability on its western many members of Congress. hostilities’’. In fact, U.S. forces in Bosnia are frontier, the alliance’s effort to forge a stra- The commitment to enlarge NATO was performing peacekeeping functions and are tegic partnership with Moscow has elicited made by all 16 allies at the January 1994 not engaged in hostilities. The Dayton Peace not one charge of a ‘‘new Yalta’’ from Cen- NATO summit in Brussels, fully 50 months Accords, which ended the previous armed tral Europe. before today’s Senate deliberations on conflict in the former Yugoslavia, were ini- Thus, despite Hoagland’s assertion, NATO whether to ratify the accession of the first tialed on November 21, 1995—before the de- allies do have a clear sense of ‘‘strategic mis- new members. In the intervening period, ployment of IFOR or SFOR. From that point sion.’’ If the NATO plan can secure the full every aspect of the issue has been ventilated to the present, there have been only sporadic backing of the Senate and thus of American in the media and with our elected leaders. As criminal acts against U.S. forces which do power and purpose, it offers hope for a last- ambassador to NATO, I welcomed to its not constitute ‘‘hostilities’’ for the purpose ing security that Europe and its peoples have Brussels headquarters a stream of congres- of the War Powers Resolution, and there never known. sional visitors and immersed them in discus- have been no U.S. fatalities from these acts. sion with the allies, the Central Europeans f Our presence in Bosnia is with the consent of and the Russians. During the past several the relevant parties under the Dayton Ac- months, Congress has held a score of hear- STATEMENTS BY SECRETARIES cords. ings and been bombarded by arguments by ALBRIGHT AND COHEN, AND BY Finally, one stated purpose of the proposed all sides. Doubts may remain about NATO CHAIRMAN SHELTON OF THE resolution is to provide a basis for a federal enlargement, but adequate information and JOINT CHIEFS OF STAFF, ON U.S. court suit to address the constitutionality of debate are not the problem. POLICY IN BOSNIA various aspects of the War Powers Resolu- Hoagland argues that the administration is tion. In the past, federal district courts have engaging in ‘‘strategic promiscuity and im- declined to accept such suits on a variety of pulse’’ and ‘‘has not taken seriously its re- HON. LEE H. HAMILTON legal grounds, including standing, ripeness, sponsibility to think through the con- OF INDIANA political question, and equitable discretion. sequences of its NATO initiative.’’ Not so. IN THE HOUSE OF REPRESENTATIVES Whatever the district court’s response might During the past 50 months, the United be in this case, such a proceeding—and the States—indeed, all the allies—carefully and Tuesday, March 24, 1998 appeals that might follow—would create a thoughtfully has sought to take advantage Mr. HAMILTON. Mr. Speaker, in connection prolonged period of considerable uncertainty of the first opportunity in European history with last week's debate on House Concurrent about U.S. intentions with respect to Bosnia to craft a security system in which all coun- that would have a serious harmful effect on tries can gain and, potentially, none will Resolution 227, Secretary of State Albright the stability of the situation in that country lose. After a century of three wars, hundreds and Secretary of Defense Cohen sent a letter during a critical time. of millions killed and a nuclear confronta- in opposition to that resolution. I believe that For all these reasons we urge you and tion, no other test can suffice. their letter, and the letter I received from Gen- other Members of Congress to oppose this E452 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1998 concurrent resolution and thereby avoid put- and evaluate on his own. It is no wonder that jobs. But as we in Congress know all too well, ting in jeopardy the important work of sta- only two percent of all boys entering scouting jobs for the working poor often do not provide bilizing the troubled Balkan region. achieve this rank. enough even for a family to eat. Monique was Sincerely, My fellow colleagues, let us recognize and just making it from day to day. She wanted MADELEINE K. ALBRIGHT, Secretary of State praise Daniel for his achievement. more for herself and more for her two precious WILLIAM S. COHEN, f children. That is why she enrolled in DMHA's Secretary of Defense. Job Shadowing Program which provides job CHAIRMAN OF THE CAMPAIGN FINANCE REFORM training, mentoring, and employment to its par- JOINT CHIEFS OF STAFF, ticipants. Through her initiative, and with the Washington, DC, March 18, 1998. HON. RON KIND assistance of DMHA, Monique received the Hon. LEE H. HAMILTON, OF WISCONSIN training she needed to move her in the right Committee on International Relations, House of IN THE HOUSE OF REPRESENTATIVES direction. Representatives, Washington, DC. Today, Monique is a full-time employee of DEAR MR. HAMILTON: Thank you for your Tuesday, March 24, 1998 letter of 18 March and the opportunity to ex- DMHA. She is giving back to the community press my thoughts on the importance of our Mr. KIND. Mr. Speaker, the New York by helping others who are in need. By taking mission in Bosnia. Times continues to clearly spell out the prob- advantage of DMHA programs, Monique has Pulling US forces out of Bosnia would crip- lem facing those of us who support campaign also moved her family into a better housing ple the mission at a critical time when we finance reform. In an editorial in yesterday's situation. In addition, Monique has gone back are achieving success in that troubled coun- paper the Times described the campaign fi- to school to earn an Associate Degree in Lib- try. A US withdrawal would send the wrong nance reform bill which will be considered this signals to our NATO allies and the wrong eral Arts with a concentration in Social Work. signals to those who wish our efforts ill. Be- week as ``. . . sham legislation dressed up to Ms. Tracey A. Roberts is another wonderful yond that, US leadership within the Alliance look like reform, with no chance for members woman who took advantage of these opportu- would suffer a severe blow. to vote on the real thing.'' nities. As a single mother with two children, Europe’s stability and America’s security Mr. Speaker, the hard work of many mem- Tracey moved to Dayton in search of better are joined. There is no more volatile region bers of this House is being destroyed by the job opportunities to improve the lives of her in Europe than the Balkans. Failure to see highly partisan legislation being offered by the children. Tracey participated in DMHA's Fam- our mission in Bosnia through to full imple- majority. The bill being considered contains ily Self-Sufficiency Program. This program pro- mentation of the Dayton Accords would send a harmful message to states throughout the poison pills designed to insure the failure of vides people with the tools necessary to move Balkans—a message that the United States campaign reform. There are better alter- themselves away from dependency on the lacks resolve. natives. If the majority would allow an open government and enables them to be self-suffi- Our troops know they have made a dif- rule on the floor these alternatives could be cient. Case managers work with participants to ference in Bosnia. Their presence, together considered. Failure to allow a free, open de- develop a comprehensive plan for change. with that of our NATO allies and other part- bate on campaign finance reform would be a Tracey enrolled in the program with the be- ners in this effort, stopped the killing and terrible disservice to the public and to our lief that a combination of hard-work, training, ethnic cleansing. They see the signs of democratic process. and motivation would help her take control of progress in Bosnia every day. We have a strategy for success in Bosnia. A I open over the next several days the lead- her own life. That is exactly what she did. Two US military presence coupled with US leadership of the House will reconsider their deci- years after enrolling in the Family Self-Suffi- ership are essential to the achievement of a sion and allow an open rule on campaign ficiency Program, Tracey now holds a reward- self-sustaining peace in that country. nance reform. We need real campaign finance ing job and has moved her family into a new Sincerely, reform. The people of my district will not ac- home which she owns. HENRY H. SHELTON, cept ``no'' for an answer. The programs of the Dayton Metropolitan Chairman, f Housing Authority work. They provide people of the Joint Chiefs of Staff. with opportunities for self improvement. f IN RECOGNITION OF MONIQUE Like Monique and Tracey, Americans who WRIGHT, TRACEY A. ROBERTS struggle with poverty want to lead more re- IN HONOR OF DANIEL G. SAJNER AND THE DAYTON METROPOLI- warding lives. They want to provide a brighter ON HIS ATTAINMENT OF EAGLE TAN HOUSING AUTHORITY future for their families and they are willing to SCOUT MARCH 19, 1998 work to achieve it. With the help of organizations like the Dayton Metropolitan Housing Au- HON. DENNIS J. KUCINICH HON. TONY P. HALL thority, many more people like Monique and OF OHIO OF OHIO Tracey will have the opportunity to improve IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES their own lives. Tuesday, March 24, 1998 It is with much pride that I recognize and Tuesday, March 24, 1998 Mr. KUCINICH. Mr. Speaker, I rise to honor commend Monique Wright and Tracey A. Rob- Daniel Sajner of Strongsville, Ohio, who will Mr. HALL of Ohio. Mr. Speaker, I am erts along with the Dayton Metropolitan Hous- be honored on March 22, 1998 for his attain- pleased to recognize and honor the work of ing Authority for their outstanding achievement of Eagle Scout. the Dayton Metropolitan Housing Authority ments. The attainment of Eagle Scout is a high and (DMHA) for its successful efforts and dedica- f rare honor requiring years of dedication to tion to improving the quality of life for people SCHOOLS NEED A HELPING HAND self-improvement, hard work and the commu- in the Dayton area. The programs provided by nity. Each Eagle Scout must earn 21 merit DMHA are helping people move away from HON. MARTIN FROST badges, twelve of which are required, includ- dependency to self-sufficiency. The success of these programs is highlighted by the uplifting OF TEXAS ing badges in: lifesaving, first aid; citizenship IN THE HOUSE OF REPRESENTATIVES in the community; citizenship in the nation; citi- stories of two remarkable women who reside zenship in the world; personal management of in my district. Tuesday, March 24, 1998 time and money; family life; environmental Ms. Monique Wright has always been deter- Mr. FROST. Mr. Speaker, parents through- science; and camping. mined to improve her life and provide a good out Arlington, Texas, which is in my congres- In addition to acquiring and proving pro- future for her children. As a single mother, sional district, received a scare earlier this ficiency in those and other skills, an Eagle Monique received public assistance while she month when school inspectors revealed that Scout must hold leadership positions within attended school full-time at Central State Uni- the floor was near collapse in the north wing the troop where he learns to earn the respect versity in Ohio. After the birth of her second of Arlington High School. The school, which and hear the criticism of those he leads. child, it became very difficult to give her chil- was constructed in 1955, had to have classes The Eagle Scout must live by the Scouting dren the nurture and care they needed and at- and students rerouted because of the potential Law, which holds that he must be: trustworthy, tend school at the same time. Moniques' prior- danger. loyal, brave, helpful, friendly, courteous, kind, ity was her children. The floor damage was noticed by school in- obedient, cheerful, thrifty, clean, and reverent. Because of her devotion as a mother, spectors who were preparing for a summer And the Eagle Scout must complete and Monique pro-actively sought ways to provide renovation of the building. Recognizing the ac- Eagle Project, which he must plan, finance for her two children. She worked at various celerated rate however, at which the floor was March 24, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E453 deteriorating, the inspectors recommended rights to offer these special 15-year bonds to plary public servant who abided by the dictum closing the north wing and beginning emer- States that have submitted school construction that those who have less in life through no gency repairs immediately. plans to the Secretary of Education. The fed- fault of their own should somehow be lifted by This incident highlighted what has become a eral government would subsidize a total of those who have been blessed with life's great national problem, Mr. Speaker, the deteriora- $9.7 billion per year of these bonds in the amenities. As a gadfly on the Circuit Court, he tion of our nation's schools. Many of our na- years 1999 and 2000. Texas would receive was wont to prod both elected and appointed tion's public elementary and secondary $1.6 billion of this new bond authority. officials in redirecting many government-fund- schools are in substandard condition and need The federal government would pay the inter- ed programs to focus their resources on re- many repairs due to leaking roofs, plumbing est on the School Modernization Bonds ducing juvenile delinquency, and thereby pro- problems, inadequate heating systems or through an annual tax credit to the holder. vide youthful offenders with the tools to create other structural failures. These credits are allocated to the states, a more meaningful life. The General Accounting Office (GAO), on which will determine how to divide the credits. As one of those hardy spirits who chose to behalf of several Members, recently performed The bonds can be issued by any state or local reach out to the at-risk youth living in public a comprehensive survey of the nation's ele- government, but they are still required to pay housing projects, Judge Petersen thoroughly mentary and secondary school facilities, and the principal. understood the accouterments of power and found severe levels of disrepair in all areas of Mr. Speaker, forty-two national groups, in- leadership. He sagely exercised them along- the country. The GAO contacted 10,000 of the cluding the National Parent Teacher Associa- side the mandate of his conviction and the nation's 80,000 public schools, and conducted tion and the National School Boards Associa- wisdom of his knowledge, focusing his ener- site visits to schools around the country. Ac- tion support this bill, and support repairing our gies to enhance the well-being of our commu- cording to the GAO's report, of the over 6,000 nation's schools. The students at Arlington nity he learned to love and care for so deeply. elementary and secondary schools in Texas, High School will have their school repaired His undaunted efforts in the juvenile court 76% percent of them reported a need for nec- this summer thanks to the community. Con- system shaped and formed the agenda of essary upgrades or repairs. gress, by passing a school modernization bill, many community organizations. His word is Currently, more than 14 million children at- can ensure that all of our neighborhood his bond of honor to those who dealt with him, tend schools in need of extensive repair or re- schools are given that same helping hand. not only in moments of triumphal exuberance placement, and nearly one-third of our public f in helping many a wayward youth turn the cor- schools were built prior to the beginning of ners around, but also in his resilient quest to World War II in 1939. If we want to prepare TRIBUTE TO JUDGE TOM PETER- transform Miami-Dade county into a veritable our children to succeed in an economy where SEN ON HIS RETIREMENT FROM mosaic of vibrant cultures and diverse peoples technical skills are increasingly important, we THE BENCH converging together into the great experiment need modern schools, meaning everything that is America. from updated science laboratories to comput- HON. CARRIE P. MEEK For this he was awarded the much-coveted ers in classrooms. OF FLORIDA Miami Herald's Spirit of Excellence in 1988. That same GAO report found that nearly 60 IN THE HOUSE OF REPRESENTATIVES Numerous accolades with which various orga- percent of all schools have at least one major Tuesday, March 24, 1998 nizations have honored him symbolize the un- building feature in disrepair, such as leaky equivocal testimony of the utmost respect and roofs or crumbling walls. These schools are Mrs. MEEK of Florida. Mr. Speaker, it is in- admiration he enjoys from our community. distributed throughout our communities, with deed a distinct honor to pay tribute to one of Judge Tom Petersen truly exemplified a 38 percent of urban schools, 30 percent of Miami-Dade's unsung heroes, Judge Tom Pe- one-of-a-kind leadership whose courage and rural schools and 29 percent of suburban tersen. His retirement on Friday, March 27, wisdom appealed to our noblest character. It schools needing repairs. 1998 from the Dade Circuit Court will leave a is his compassionate and resilient spirit that More than half of the schools reported dete- deep void in that bench. genuinely dignifies the role of a public servant. riorating environmental conditions, such as Judge Petersen represented the best of our For this he will sorely be missed! I truly salute poor ventilation, hearing or lighting problems, community. Having dedicated a major portion him on behalf of a grateful community. as well as poor physical security. And 46% of of his life to making the juvenile justice system f our schools lack even the basic electrical wir- work on behalf of our wayward youth, he was ing necessary to support computers, modems relentless in his development of many innova- TRIBUTE TO CARL STEPHENS— and other modern communications technology. tive programs that helped turn them around. ALABAMA BROADCAST LEGEND As well, the American Society of Civil Engi- His was a crusade that maximized under- neers (ASCE), in their 1998 Report Card for standing and compassion for many adoles- HON. TERRY EVERETT America's Infrastructure, gave America's cents under the tutelage of the juvenile court OF ALABAMA schools an F, based on the urgent need for system. His motto, ``Hug a kid: that's where it IN THE HOUSE OF REPRESENTATIVES repairs. Schools were the only infrastructure starts'' was one that bordered on a thorough Tuesday, March 24, 1998 category to receive a failing grade. ASCE has understanding of many a youth's need to be determined that it will cost about $12 billion to understood and guided through their growing Mr. EVERETT. Mr. Speaker, I have been in- repair, renovate and modernize our schools. years. formed that one of Alabama broadcasting's Of this amount, approximately $5 billion is He was virtually the lone voice in the wilder- best loved personalities will soon retire after needed to fix or remove hazardous sub- ness in exposing his righteous indignation 40 years behind the microphone and television stances such as asbestos, lead and radon. over many irrelevant programs that siphoned camera. Another $60 billion in new construction is off funds from the public till instead of suc- A native Alabamian, Carl Stephens was needed to accommodate the 3 million new cinctly eradicating the symptoms of juvenile practically born into his profession. A radio students expected in the next decade. Total delinquency. At the same time, he has been sportscaster at the age of ten in his native annual construction and renovation spending forthright and forceful in advocating the tenets Gadsden and student manager of the college since 1991 has remained between $10 and of equal treatment under the law for those ju- radio station while at the University of Ala- $12 billion for K±12 schools. veniles who have been remanded to the juve- bama, Carl Stephens began his television ca- In order to address this serious problem, the nile court system. His sensitivity toward them reer at the Alabama Educational Television President has proposed, and I support, a bill knew no bounds, and he was untiring in seek- Network before settling in as one of the states' to establish and expand tax incentives to help ing the appropriate guidance and counseling best-known on-camera personalities at WSFA states and local school districts address the strategies for them so that they could pull TV in Montgomery. need for school modernization. This bill would themselves out of the gutter of juvenile delin- At WSFA, Carl Stephens forged a 38-year help states and local schools districts pay for quency. In a 1993 Miami Herald editorial, career witnessing and reporting some of Ala- the cost of modernizing and building more Judge Petersen was cited for his firm belief bama's and the nation's most historic events than 5,000 schools by creating new School that ``. . . the state's approach toward juvenile during the 1960s. Despite his contribution to Modernization Bonds. delinquency is antiquated.'' A little TLC, he news reporting in Alabama, it is noteworthy Under the bill, these zero-interest bonds said, and they'd stop stealing hub caps and that Carl is best known by many Alabamians would be available for the construction and start doing their algebra homework. for his other roles. As host of a popular chil- renovation of pubic school facilities. The De- In his stint on the Dade Circuit bench, dren's cartoon show in the late 1950's and co- partment of the Treasury would allocate the Judge Petersen truly represented an exem- anchor of the Auburn Football Review for E454 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1998 many years, Carl's charm and warm personal- the Jewish Federation of Greater Houston on the issue of reunification, in strengthening ity was best shown through the television award for 42 years of dedicated service to its strong ties to the United States and in gain- screen, earning him wide respect and many Jewish teaching and promoting Jewish learning more and better friends internationally. loyal fans. ing among children and youth. He was also Last but not least, I wish to send my greet- Carl will begin his well-deserved retirement honored by the Jewish Theological Seminary ings to Taiwan's Foreign Minister Jason Hu, effective this Thursday, but his voice will con- as an Honorary Fellow of the Cantor's Insti- who was the former Taiwan representative in tinue to be heard, as it has for many years, tute, the highest award for musical achieve- Washington. Minister Hu was a very able dip- over the public address systems of Auburn ment given by the Seminary. lomat in Washington. My colleagues and I University football and basketball games. A cantor is an emissary of the community, benefitted greatly from his insight on world af- I join with all Alabama in wishing Carl, his giving voice to those seeking connection with fairs. Madam Jason Hu was a charming host- wife Mary, and all his family the very best in God and providing leadership and guidance ess. In the meantime, my colleagues and I are the years ahead. through song. Cantor Dean, with his melliflu- looking forward to working closely with Jason f ous voice, has led and continues to lead the Hu's successor, Ambassador Stephen Chen. congregants of United Orthodox Synagogues Ambassador Chen was a former deputy sec- HONORING CANTOR IRVING DEAN in prayer. retary-general to President Lee Teng-hui of FOR 38 YEARS OF SERVICE TO Mr. Speaker, I congratulate Cantor Dean for the Republic of China and has been in gov- UNITED ORTHODOX SYNAGOGUES 38 years of service to the United Orthodox ernment service all his adult life. OF HOUSTON Synagogues family. I wish him continued suc- f cess in providing vital leadership and spiritual HON. KEN BENTSEN guidance to his congregants and the Jewish WOMEN’S HISTORY MONTH OF TEXAS community. IN THE HOUSE OF REPRESENTATIVES f HON. JOHN F. TIERNEY Tuesday, March 24, 1998 OF MASSACHUSETTS PRESIDENT LEE TENG-HUI LEADS IN THE HOUSE OF REPRESENTATIVES Mr. BENTSEN. Mr. Speaker, I rise to honor TAIWAN THROUGH FINANCIAL Cantor Irving Dean for his 38 years of continu- STORM Tuesday, March 24, 1998 ous service to the synagogue and community. Mr. TIERNEY. Mr. Speaker, the great suffra- On March 29, 1998, the community will gather HON. ROBERT SMITH gist Susan B. Anthony once said, ``Failure is in the Grand Ballroom of the Westin Galleria OF OREGON impossible.'' The confidence and inspiration of Hotel to pay well-deserved tribute to Cantor IN THE HOUSE OF REPRESENTATIVES her words are as powerful today as they were Dean. almost a hundred years ago. Women have Cantor Irving Dean's musical talent was rec- Tuesday, March 24, 1998 played integral roles in American history, from ognized as a child. He received his first in- Mr. SMITH of Oregon. Mr. Speaker, Much the fledgling days of a new republic, to today's struction in Hazzanic art while singing in has been written and reported about the Asian shattering of glass ceilings in corporate man- choirs with renowned cantors. He began his financial crisis, the worst in decades. But Tai- agement. They are mothers, teachers, elected career in New York, appearing on radio, tele- wan, so far, has remained relatively un- officials, athletes and entrepreneurs. Today's vision, and concerts. He also appeared on scathed. Its economy has been jolted but not young girls will experience less discrimination ``The Heritage of Israel,'' a special NBC tele- sunk. and have fewer limits imposed on them than vision program. He has recorded ``Shiru Taiwan's financial stability is attributable to their grandmothers. B'Simcha,'' a popular tape of holiday and its careful banking practices, ceilings on for- As we celebrate this month the many ac- Israeli songs for children. The proceeds from eign equity investment and high foreign re- complishments of women in American history, the sale of this recording benefit the United serves. With a healthy financial system, Tai- I would like to call to the attention of my col- Orthodox Synagogue Montessori School. He wan is more immune to the monetary crisis af- leagues a few women whose accomplish- also recently recorded a CD, ``Musical Memo- fecting the region. ments and dedication offer strength and inspi- ries,'' of favorite concert music. The Taiwan economic miracle has time and ration to many individuals. Aptly named, Cantor Dean is praised as the again demonstrated its resilience and dyna- Edith Nourse Rogers from Bedford, MA, cantorial dean of Houston. In this capacity, he mism during the past year of regional and was first elected to Congress in 1925 to fill the is well-trained, having earned secular and global slowdown. Taiwan's economic growth office vacated by the death of her husband. A music degrees at Yeshiva and Columbia Uni- rate in 1997 reached 6.72 percent, the highest former World War I Red Cross volunteer, Mrs. versities. Since his first Cantorial Concert in in five years. Foreign currency reserves stand Rogers earned the title of Angel of Walter 1960, Cantor Dean has enriched the Houston at US$86 billion, an indication that Taiwan's Reed Hospital. During her 18 terms as a Jewish community with his music. traders and manufacturers have maintained Member, she fought unabashedly for veterans Cantor Dean has organized and trained the their competitive edge amid growing competi- rights, serving as an inspector of veterans' choir that sings with him during the High Holi- tion from their Asian neighbors. hospitals as well as a mentor to many of the day services and he appears with them on Taiwan's economic vitality is seen in its young soldiers interned there. One of her first special programs. Cantor Dean has also pre- debt-free status. Its total foreign debt amounts major bills appropriated $15 million to build sented concerts throughout the Southwest, to less than US$100 million, whereas its Asian additional veterans hospitals. She was a lead- New York, and Mexico City. He has sung at neighbors such as Korea and Indonesia are ing sponsor of the GI Bill of Rights of 1944 military bases, interfaith events, and for many reeling from foreign debts. and helped create a volunteer women's Army Jewish organizations. In Houston, he con- Taiwan's latest financial strength has Corps. ducted a citywide choir at a special rally for prompted the financial Times of London and Judith Sargent Stevens Murray of Glouces- Soviet Jewry. the Asian Wall Street Journal to hail it as the ter closely followed the works of Abigail Before coming to Houston, Cantor Dean; his ``Switzerland of the Orient.'' Most economists Adams and questioned why women were not wife, Millie; and their children, Ronnie, Sherrie, believe that Taiwan has the full potential to granted the same rights and freedoms that and Debbie, lived in San Antonio, where the become a full-fledged developed country by men touted. Using the pseudonym Constantia, Cantor served Congregation Rodeif Shalom. the turn of the century. she began writing on the status of women, During their 10 years in the Alamo City, the Taiwan's economic dynamics has been un- and published an essay `Òn the Equality of Dean family reached out to Jewish members questionably helped by its growth of democ- Sexes'' in the Massachusetts Magazine. In her of the military bases in the area, hosting them racy. Last November, Taiwan held successful essay, Murray questioned the differences in in their home and providing them with enter- elections for county chiefs and city mayors. In education for boys and girls, asking ``How is tainment as well. For their work with the sol- fact, opposition party candidates won a major- the one exalted and the other depressed * * * diers and the Jewish community, Cantor and ity of the seats, marking a new milestone in the one is taught to aspire, and the other is Millie Dean were given special recognition by the development of party politics and popular early confined and limited.'' Her powerful voice the National Jewish Welfare Board. political participation in Taiwan. helped spur the fight for equal educational op- Cantor Dean has received numerous As the year of the Tiger on the Chinese portunities for young girls. awards for his work. Among them are the ZOA lunar calender begins, I wish Taiwan well in Anne Bradstreet of Ipswich and Award for Distinguished Service to Southwest maintaining its economic prosperity, in initiat- Swampscott, was New England's first woman Jewry and the Bureau of Jewish Education of ing further dialogue with the Chinese mainland poet. While keeping house at the edge of the March 24, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E455 wilderness for her husband and eight children, ent of alcoholic beverages via common car- ronment permeated by hype and hysteria, she wrote poetry despite criticism that she riers is at least 21 years of age. some say that may be easy for an old man, was not devoting enough time to ``domestic re- Direct shippers operate outside of the li- but a French Broad needs federal help. censed distribution system. The licensed bev- After the American Heritage Rivers Initia- sponsibilities.'' To that, she replied, `Ì am ob- tive was announced, the result was a knee- noxious to each carping tongue who says my erage distribution system is an essential and jerk reaction to jump on the federal band- hand a better needle fits.'' legal of the alcohol control process and con- wagon to do something nice for rivers. Not Finally, Louise du Pont Crowninshield of tributes billions in federal and state taxes each for all of America’s rivers, but just for the Salem, was a great and knowledgeable collec- year. Direct shipments circumvent these laws ten whose communities jump through the tor of antiques and a tireless advocate of his- and robs states of tax revenues. Florida, Ten- federal hoops required for a chance to be per- torical preservation. Crowninshield's energy nessee, Kentucky, Georgia and North Carolina sonally picked by the president. And with and dedication to charity work and historic have recently upgraded their laws to make ``di- this president, how could ours lose with a rect shipment'' a felony. At least 26 other name like French-Broad? preservation benefitted and continues to serve The American Heritage Rivers initiative the National Trust for Historic Preservation states have sent ``cease and desist'' letters to wineries or retailers urging them to stop illegal was announced by President Clinton in his and the Peabody-Essex Museum in my home- State of the Union Address in February 1997. town of Salem, Massachusetts. shipments. This is an executive branch program, the de- Mr. Speaker, America would not have flour- Every state has set 21 as the minimum tails of which I viewed at the web site main- ished were it not for the tireless work of drinking age. The passage of ``21'' laws by tained by the federal Environmental Protec- states stopped underage drinkers from driving women. They have been, and continue to be, tion Agency (the address is http:// to another state to purchase alcohol. However, essential to building a country where all citi- www.epa.gov/rivers). Internet and toll-free direct shipment creates a The efforts to nominate the French Broad zens, male and female, are free to live to their new technological way for underage drinkers for American Heritage River status sparked fullest potential. to have alcohol shipped directly to the home. a healthy local debate over the role of the f With ``shipments'' there is no regulatory sys- federal government and its control over our lives and property. This debate combines the THE PROHIBITION AGAINST ALCO- tem to guard against underage access and to collect alcohol beverage taxes. What started best lessons from history and social studies HOL TRAFFIC TO MINORS ACT along with some environmental science top- PAAT ACT many years ago as a cottage industry to sell ics thrown into the mix. rare wines and micro brewed beer to con- With such a precious natural resource as noisseurs has burgeoned into a billion dollar a the focal point, it’s tempting for even the HON. JUANITA MILLENDER-McDONALD year business. most conservative of us to respond by sup- OF CALIFORNIA According to the Center for Disease Control, porting what looks at face value to be a good IN THE HOUSE OF REPRESENTATIVES 80.4% percent of the nation's high school stu- intention. But one thing I learned spending a lot of Tuesday, March 24, 1998 dents have had at least one drink of alcohol during their lifetime; 51.6% have had at least my youth around water is to look before you Ms. MILLENDER-MCDONALD. Mr. Speaker, one drink in a 30 day period; and 32.6% qual- leap. Sometimes smooth surfaces hide harm- today I am introducing legislation to help save ful obstacles. ify as `èpisodic heavy drinkers'' having had One obstacle in this initiative is that it our Nation's children: The Prohibition Against five or more drinks on at least one occasion Alcohol Traffic to Minors Act. The PAAT Act comes straight from the executive branch of during a 30 day period. This behavior is dan- the federal government and involves the al- curbs the problem of underage drinking by gerous, life threatening and must be stopped. location of the funds and assets. When our prohibiting the ``direct shipment'' of alcoholic I ask that my colleagues support our nation's constitution was framed, the representative beverages to persons not meeting a State's children and pass this important legislation. branch was given such powers. legal drinking age. One of the initiative’s stated goals is to SUMMARY OF THE PROHIBITION AGAINST ALCO- ‘‘protect the health of our communities by The bill amends Title 18, United States HOL TRAFFIC TO MINORS ACT (PAAT ACT) delivering federal resources more effectively Code by inserting a new section after 1865 The PAAT Act curbs the problem of under- that prohibits shippers, their employees, com- and efficiently.’’ age drinking by prohibiting the ‘‘direct ship- Two of the most famous lies in the world mon carriers or agents of common carriers or ment’’ of alcohol beverages to persons not are ‘‘the check’s in the mail’’ and ‘‘we’re delivery companies from delivering a package meeting a State’s legal drinking age. from the federal government and we’re here containing an alcoholic beverage or com- The bill amends Title 18, United States to help you.’’ Add another one to that list: Code by inserting a new section (1866) after pound, fit for consumption, to any person not ‘‘we will deliver federal resources more effec- 1865 that prohibits shippers, their employees, tively and efficiently.’’ Sure, like the speed meeting the minimum drinking age within a common carriers or agents of common car- of the Post Office, the thriftiness of the Pen- state. riers, delivery companies, or business enti- tagon, and the courtesy of the IRS. On Friday, December 12, 1997, a local NBC ties that deliver goods from delivering a Is this to say that paying our federal taxes affiliate aired in which an underage youth or- package containing an alcoholic beverage or and acting in a law-abiding manner are not compound, fit for consumption, to any per- dered and received shipment of alcoholic bev- enough reasons to get effective, efficient erages. The youth in question lived in New son not meeting the minimum drinking age within a state. service from federal agencies? Do we now York, purchased the alcohol via the internet have to petition the feds and hope for special from a retailer in California, paid for the order f designations just to get what we are owed? with a credit card, and accepted delivery of The third stated requirement for commu- THE FRENCH BROAD RIVER nities whose rivers receive the designation is the alcohol from a commercial air-freight car- DOESN’T NEED NEW BUREAUC- rier. This same story is also the subject of an ‘‘the willingness . . . to enter into new, or to RACY continue and expand existing partnership undercover operation being conducted by the agreements.’’ Attorney General of the State of New York. HON. CHARLES H. TAYLOR The EPA also states ‘‘designated rivers and While this particular incident was documented their communities will also receive a com- OF NORTH CAROLINA by television cameras, there are numerous mitment from federal agencies to act as others that are not. IN THE HOUSE OF REPRESENTATIVES ‘Good Neighbors’ in making decisions that According to the Center for Disease Control, Tuesday, March 24, 1998 affect communities.’’ That statement raises 80.4% percent of the nation's high school stu- Mr. TAYLOR of North Carolina. Mr. Speak- another question: where does that leave com- dents have had at least one drink of alcohol er, I commend to your attention this article munities who either don’t seek or seek but don’t achieve American Heritage status? during their lifetime; 51.6% have had at least written by Will Haynie for the Asheville Citizen- They better not count on the feds to be their one drink in a 30 day period; and 32.6% qual- TimesÐa newspaper in North Carolina's 11th good neighbors. They didn’t buy an indul- ify as `èpisodic heavy drinkers'' having had Congressional District. It provides a persua- gence. five or more drinks on at least one occasion sive argument against the American Heritage Proponents of The American Heritage Riv- during a 30 day period. Rivers Initiative as proposed by President ers Initiative swear it is not a federal land Sixty-nine percent of Americans polled op- Clinton. and power grab. Yet the initiative lists ten contact agencies involved with the program, pose the direct shipment of alcohol to minors; [From the Asheville Citizens-Times, March and the only state agency listed is the North 85% agree that the sale of alcoholic bev- 22, 1998] Carolina Historical Preservation Office. erages over the Internet would give minors OLD MAN RIVER DOESN’T NEED THE FEDS The biggest mystery in this initiative is easier access to alcohol and could result in (By Will Haynie) the statement that federal agencies will sup- more abuse; and 70% of those polled don't The song says that Old Man River, he just port local communities ‘‘within existing trust delivery drivers to ensure that the recipi- keeps rolling along. In today’s political envi- laws and regulations.’’ Really? E456 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1998 Then, why must we approach the federal mountable the obstacles, achieve those goals. sive sources, such as lease payments or inter- government by pleading and petitioning and Such was the case when in the history of her est on mortgage debt, etc. Also, 75% of a promising to play by their rules so we can hospital budget and financial constraints ne- REIT's income must come from real estate. A get protection for our river? Nobody wants the French Broad River to cessitated the elimination of several nursing REIT may not receive a significant portion of be an open sewer. But running to the execu- positions. It was Ruth Pugh, who saw to it that income from operating its real estate. tive branch so all the king’s horses and all when qualified nursing staff was so des- Over the years, there have been several the king’s men can put it back together perately needed those staff positions were re- legislative efforts to modify the REIT structure. again is not the only solution, and it cer- instated. This was no small task in a time of While REITS have been generally prohibited tainly isn’t the best solution. Our congress- limited resources and fiscal pressures. from self-managing properties that they hold in man is called a representative because that’s Ruth Pugh is a human dynamo, a gracious trust, changes to the code were made in 1986 what he does for us in Washington. human being, an accomplished professional, which allowed REITS that own specific types Rep. Charles Taylor has presented a viable plan for the French Broad that will use ex- and a hallmark of those characteristics that of real estate to provide customary services to isting channels to make all applicable agen- define the consummate nurseÐcaring for oth- their tenants. However, under current law, cies do their jobs for us without having to be ers while simultaneously caring for her hus- REITS are still restricted from operating real petitioned to do so. The river is not yet in band Sidney and three children. She is some- estate that requires a high level of operation perfect condition, but it’s a lot cleaner than one not easily forgotten, and through her care management services (usually associated with it was fifty or even twenty-five years ago. and the meaningful way she has touched peo- such entities as hotels, casinos or similar We’re making too much progress to call in ple's lives, someone whose influence will en- properties). REITs that operate in these mar- the feds, even if they are ‘‘here to help us.’’ dure forever. kets must lease the property to a third party, f f usually structured as a C corporation, which is tasked with providing the operation and direct HONORING RUTH PUGH PERSONAL EXPLANATION management of the restricted real estate held by the REIT. HON. THOMAS J. MANTON HON. RON LEWIS The REIT market has seen considerable re- OF NEW YORK OF KENTUCKY cent growth. According to the National Asso- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ciation of REITs, five years ago there were Tuesday, March 24, 1998 Tuesday, March 24, 1998 142 REITS with a market value of $16 billion. Today there are 210 REITs with a value of Mr. MANTON. Mr. Speaker, I rise today to Mr. LEWIS of Kentucky. Mr. Speaker, on $141 billion. Experts forecast that at current pay special tribute to Ruth PughÐa modern March 19, 1998, I was unavoidably detained growth rates, within a decade REITs will reach day Florence Nightengale whose contribution and therefore missed roll call vote #62. Had I a market value of $1.3 trillion. to the nursing profession has spanned ap- been present I would have voted ``no.'' B. WHAT ARE PAIRED-SHARE REITS? proximately 40 years. f In the 1980s certain REITS began pairing Born in Jamaica, West Indies, Ruth was their shares of the REIT with those of the trained in Plaistow Hospital London, England, REAL ESTATE INVESTMENT management company. For each share of the and graduated as an RN in 1961. Her interest TRUST TAX EQUITY ACT REIT received by the investor, they also rein the study of midwifery resulted in her com- ceived one share of the management commencing specialized training in this field in HON. MAC COLLINS pany. Pairing these shares creates significant 1962, later to be complemented by an interest OF GEORGIA benefits because the same shareholders de- and experience in the disciplines of medicine IN THE HOUSE OF REPRESENTATIVES rive all of the profits from operations related to and surgery. Knowing the significance of the Tuesday, March 24, 1998***HD***I. the real estate owned by the REIT. mind-body connection as it pertains to patient INTRODUCTION care, Ruth went on to attain a Bachelor's de- C. CONGRESSIONAL ACTION gree in Psychology/Sociology from Marymount Mr. COLLINS. Mr. Speaker, I rise today to Because of several concerns about the College, Manhattan, New York. introduce the Real Estate Investment Trust paired share structure, including the fact that A Master's degree from Long Island Univer- Tax Equity Act. This legislation is an important it could cause an artificial reduction in tax li- sity soon rounded out the academic picture measure which levels the playing field among abilities attributable to the income associate to and manifested the striving for excellence that investors and businesses competing in similar management of properties, Congress took ac- has always been the hallmark of her profes- real estate markets. It addresses an inequity tion in 1984 to ensure that the two structures sional life. Later, a nursing administration cer- first recognized by Congress in 1984. Unfortu- would be treated as one for purposes of ap- tification in 1986 served as a preamble to her nately, the legislative change that occurred in plying the REIT gross income tests. However, distinguished career as the Associate Director the Deficit Reduction Act of 1984 made impor- in this legislation, Congress considered the im- of Nursing, Department of Medicine, Jacobi tant modifications that were too open-ended. pact on the companies that had already adopt- Medical Center, where she was aided by her As a result, certain players in the REIT market ed the paired-share REIT structure. Con- loyal associate Juanita Duncan and many have taken advantage of a loophole which po- sequently, these existing entities were grand- friends and colleagues. tentially shifts the markets in their favor. Spe- fathered, with the acknowledgment that they Mr. Speaker, although Ruth's academic cre- cifically, paired-share REITS were provided a would need additional time to `ùnwind'' in the dentials are comprehensive and impressive, shotgun tax benefit in the 1984 legislation effort to meet the standard gross income tests. they fail to show the most abiding dimension which has created a meaningful imbalance in Historical discussion language indicates of who she is as a woman and a personÐher certain industries. My legislation seeks to in- Congressional intent: strong sense of compassion. I, personally, stall equity, true to the intent of the 1984 ‘‘Congress did not intend to eliminate the know that Ruth Pugh's supervision and care of changes.***HD***II. BACKGROUND corporate tax on the portion of an active business’ income that arises from the owner- A. WHAT IS A REAL ESTATE INVESTMENT TRUST (REIT)? a beloved family member resulted in her being ship of its real estate.’’ affectionately called ``Commander Pugh.'' For A REIT is organized as a corporation, busi- ‘‘Congress believed that to permit the use that is indeed who she isÐa leader of people, ness trust or similar association which allows of such a transparent device would have a person who pays attention to detail, and one many investors to pool capital in order to ac- weakened the integrity of the tax system.’’ who inspires a sense of teamwork among the quire or provide financing for real estate. ‘‘Congress believed that all stapled entities healthcare professionals with whom she REITs were first created in 1960 in order to should have adequate time to remove the reserves. She can, at times, be strong and firm give small investors access to the commercial quirement that shares trade in tandem . . .’’ in ensuring that the highest quality of health real estate investment market. Previously this D. THE COMPETITIVE BENEFITS OF PAIRED- care is given and then, at a moment's notice, market had been monopolized by large capital SHARE REITS upon seeing a distraught family member, rush investors, and this new structure afforded a Although supporters of paired-share REITs to console them with prayer and kind words. wider group of investors to share in the profit argue they have no benefit over competitors This combination of qualities is unbeatable. opportunities. within their industries, indications are to the Mr. Speaker, those for whom she has been A REIT is not required to pay a corporate contrary. Specifically, this structure provides a steadfast source of help and support recog- level of tax, but must pass 95% of its taxable significant benefit because it eliminates the nize this quality in her. They know that she income through to its investors. Additionally, sometimes adversarial relationship between can set a goal and, no matter how insur- 95% of a REIT's income must come from pas- the REIT and the management company. If March 24, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E457 both entities have the same group of share- Let me just start out by saying that there is spend money. If you look at the individual holders, there is no friction over who should no issue as important to the future of the states that have had the most success in realize the benefit of profits. City as workforce development. We are a workforce development and transitioning City that has currently 66,000 families on people from welfare to work and doing all Second, the shifting of income between the AFDC. We are a City that will face an enor- the things that are necessary components of two entities can have a significant impact on mously difficult problem because as those that, training, job skills, literacy in many the tax liability attributable to profits. There are families begin to phase off of welfare, it will cases, adequate child care, transportation, a number of ways this can be accomplished be required by the Welfare Reform Act of addressing all of the needs, those states whether through rent payments, or shifting 1996 to have jobs or lose any support whatso- spent actually more money in the first sev- other overhead expenses. ever beginning in March of ’99 and going eral years of their reform effort than they Third, the structure of paired-share REITs through the year 2000. did in their traditional welfare systems. enables these entities to avoid the double tax- We will find that with what is essentially They spent the money up front so that down a labor surplus market, we will not be able the road, they would spend less money be- ation of income from real estate, a benefit not to accommodate, in my judgment, some- cause people would be successfully realized by non-paired-share REIT competitors where between 35 and 40,000 of those families. transitioned from welfare to work. in certain markets. Again, tax liabilities are So by the year 2000, we will have in Philadel- So I think we will find that the money minimized and profits are significantly in- phia, a situation that hasn’t occurred, in my that’s been appropriated by Congress at the creased for shareholders. judgment, since the Great Depression. It will President’s request is far too little. For ex- This unique business structure has made not just be in Philadelphia. It will be De- ample, in the next month, we will release our troit. It will be in Newark, Baltimore, even plans for using that federal money. That fed- them particularly attractive to investors, there- eral money, with the state match, and the by giving them more advantageous access to cities like Seattle that are considered to be cities that are economically viable and not state did in fact give us the necessary match, capital. labor surplus markets. that will make somewhere between $51 and Rather than making movements to `ùnwind'' The U.S. Conference of Mayors did a press $55 million available for the next two years or adjust their structure in anticipation of hav- conference and a report based on a survey in in Philadelphia. We are going to release our ing to comply with standard REIT gross in- 17 cities and each city reported, in differing plans on how we are going to spend that come tests, since 1995, a majority of the degrees, the same problem that I’m going to money but the bottom line is that if we are address. And it is a shocking problem that successful, if we reach our goals, that will grandfathered entities have expanded aggres- give 15,000 people the type of employment sively. nobody is paying any attention to. I don’t say nobody because you are all here, but necessary, either full-term employment, 40 Again, while today's paired-share REITs very few people are paying any attention to hours a week plus, or the 20-hour a week em- argue they have no real advantage over the it in Washington, D.C. When I had the press ployment that’s necessary to keep them re- traditionally structured corporations against conference, myself and Mayor Archer had ceiving benefits at the same time. So if you take our 15, the 10 that will come whom they compete, their behavior indicates this press conference on how we viewed wel- from the normal evident flow, we’re down otherwise. Not only have some of the grand- fare reform and where it was going. Only somewhere in the high 30’s, 35, 38 thousand fathered REITS publicly discussed their ad- CNN showed up. About a month and-a-half later, I was in families, heads of households with children, vantage in an effort to attract investors, they will not find jobs in Philadelphia. And I have also stated in the past that they originally Washington at the U.S. Conference of May- ors, and myself and four other mayors were don’t know what is going to happen to those purchased the paired-share REIT, not for the chosen to speak after our visit to the White individuals. You have to realize that that’s not a surprising outcome because we are line of business that it was participating in, but House, and I noted that the CBA Network truly a labor surplus area. because they wanted the paired-share struc- had 33 camera crews in Washington that As you know, Congressman, Philadelphia ture which provides unique, advantageous op- week all covering various aspects of the was losing jobs at a debilitating rate. For portunities in certain markets.***HD***III. THE Monica Lewinsky problem. To me, one of the the last nine years, we averaged a loss of REAL ESTATE INVESTMENT TRUST EQ- greatest problems we have as a nation is 10,000 jobs a year from Philadelphia. Over a UITY ACT that we can’t get our news media to con- course of 11 years, we lost over 100,000 jobs Mr. Speaker, because the REIT market con- centrate on serious issues that affect the from our job base. It is only in the last year bread and butter and really not only the and three-quarters we’ve now had seven- tinues to expand aggressively, Congress must quality of life but the very lives and survival take action to ensure that the grandfathered quarters straight of job gain, but those job of people themselves. gains are modest probably cumulatively less REITS are not enjoying tax based advantages, Now, let me tell you how I get to the 35 to than 4,000, less than 4,000. While it is true to the detriment of other businesses compet- 40,000 range. We believe the normal evident that there has been some job growth in our ing within the same industries. The legislation flow for the private sector, and the normal suburban corridors, there are maybe 15 job I introduce today levels the playing field by fur- entry an coming off welfare, will cause 10,000 growth centers that we’ve identified in the ther clarifying the intent of Congress ex- of that 66,000 to come off the rolls before the suburbs. They’ve added another 20,000 jobs year 2000 is done. into the mix. So we’ve created 25,000 new pressed in the Deficit Reduction Act of 1984. Additionally, as you know, Congressman, My legislation simply states that paired-share jobs. myself, Mayor Archer, and Mayor Rice of Se- The problem is that in addition to the REITs must comply with the standard gross attle were an integral part of persuading 38,000 families that are going to be unac- income texts applicable to all REITs, con- both the Administration and the Congress to counted for that I mentioned, we have 45,000 tained in section 856 of the Internal Revenue appropriate additional dollars for a jobs bill displaced workers on the unemployment Code. Federal tax policy must be consistent for welfare recipients. As you will recall, you rolls here in Philadelphia. Those are the so that it does not favor one competitor over appropriated $3.1 billion to be administered workers from the Navy yard. Those are the over a two-year period. And that was cer- workers from Breyers. Those are the workers another within industries. This important legis- tainly positive news, but one of the things lation ensures equitable tax policy so that one from the Meridian/CoreStates merger, soon that I want to recommend to you again is to be the CoreStates/First Union merger. group of investors does not have a significant that you go back an tell your colleagues that Those are workers with job skills and job ex- benefit over their competitors. that is not nearly enough money to do this perience. So our 38,000, or to be honest, our f job correctly, and that if we really care 66,000 are competing against those 45,000 who about welfare reform and putting former re- are better skilled, better trained, better ex- COMMENTS ON WORKFORCE DE- cipients of welfare on the work rolls, that we perienced. VELOPMENT BY EDWARD have to spend more than $3 billion. Additionally, there are some 40,000, single RENDELL, MAYOR OF PHILADEL- I would reference in 1996, the Congressional males that are out there looking for jobs as PHIA Budget Office did a study which said that the a result of state changes in welfare. On top Welfare Reform Act of 1996 was $12 billion of that, each and every year, we have a new short in the necessary funds to adequately class of high school graduates that come into HON. CHAKA FATTAH transition people from welfare to work. Un- the job place. And the numbers don’t add up. OF PENNSYLVANIA fortunately, no one listened at that time. They don’t add up in Philadelphia. They IN THE HOUSE OF REPRESENTATIVES The President said he would try to cure don’t add up in Detroit. They don’t add up in those defects afterwards and in part, he did Atlanta. And they don’t even add up in Se- Tuesday, March 24, 1998 with his $3.1 billion jobs bill, but my experi- attle because when you put all those people Mr. FATTAH. Mr. Speaker, at a Town Meet- ence leads me to believe that the $12 billion into the mix looking for jobs, almost all of ing I convened in Philadelphia on March 10, estimate made by the CBO in the summer of them were better educated, better trained, 1996 is probably 50 percent less than is need- and have more work experience than the the Mayor, Edward Rendell made the following ed. AFDC heads of households. You can see the remarks which I commend to my colleagues. I think if we are really serious about wel- problem we have created. Mayor Rendell: Good morning. Congress- fare reform, if we were really serious about I heard a little bit of your earlier panel and man. Good morning, members of the Panel. ending welfare as we know it, we have to I know that it is easy in Washington to say E458 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1998 that welfare reform is a success, that in the In sum, if we do all of our jobs well, we’re compassion, and hard work have helped make 13 or 14 months since welfare reform has going to fail to be able to place well over 50 the Gate City a wonderful place to live. I rise been the law, we’ve knocked 15 percent of percent of our current caseload of welfare re- to express my thanks and congratulations for the people off the rolls. Well, of course as we cipients and that is a pattern that you are know, a good hunk of that 15 percent are going to find is going to happen all over the 75 years of caring and devoted service. people who were smoked out who really country. It is a freight train coming down f didn’t belong on the welfare rolls. Then my the tracks going to hit us right smack in the THE MANDATES INFORMATION guess is the other half of that 15 percent forehead. were the cream of the crop, were people that I would make two long-term recommenda- ACT OF 1998 were on the welfare rolls but had recent job tions, and I make them with the full knowl- experience who had some skills, who were to- edge that these may be difficult for you, HON. GARY A. CONDIT tally and functionally literate. Congressman, or the Congressmen rep- You go deep within the mix of our 66,000 resented here, may be difficult for us to get OF CALIFORNIA heads of households here in Philadelphia and enacted, but number one, I would urge legis- IN THE HOUSE OF REPRESENTATIVES you will find people shockingly, and it’s the lation to extend the deadline. I think the Tuesday, March 24, 1998 reason why we all agreed that there had to two-year deadline is just going to prove to be be change, but shockingly who have never unworkable. We’re not going to be ready to Mr. CONDIT. Mr. Speaker, I rise today to in- worked in their life, who don’t have one have job opportunities, child care, transpor- troduce the Mandates Information Act of 1998. day’s worth of work experience. You will find tation to meet the needs of most of those This bill is similar to H.R. 1010, the Mandates people, when you go deep into the rolls, who AFDC families. So I would urge a year or Information Act of 1997, which I introduced on are functionally illiterate. As we all know, two or three-year extension in the cutoff. March 11, 1997. The bill is introduced as a fol- the necessary job skills in the moderate f economy simply won’t accommodate those low up to the success we have had with the Unfunded Mandate Reform Act. type of people. TRIBUTE TO THE NASHUA LIONS It used to be, not very long ago, ten years As you are aware, the Unfunded Mandate ago, you could be a cashier in most retail CLUB Relief Act required the Congressional Budget stores if you could learn to punch one button Office to estimate the cost of unfunded man- on the cash register and make change, but HON. CHARLES F. BASS dates a bill would place on both local govern- now, go into any retail store, small, or large, OF NEW HAMPSHIRE ments and the private sector. These cost esti- and you virtually have to run a mini com- IN THE HOUSE OF REPRESENTATIVES puter to be a retail clerk, to be a cashier. mates are required to be included in the com- The necessary job skills are changing so Tuesday, March 24, 1998 mittee's report which accompanies a bill re- quickly that we are kidding ourselves to Mr. BASS. Mr. Speaker, I rise to pay tribute ported to the House. think that we can change a system that has to the Nashua Lions Club on their 75th anni- The law also established a point of order been in existence for decades and that simply procedure for bills which contained a mandate doesn’t work to fit the needs of Welfare-to- versary. Eighty-one years ago, insurance executive on local governments exceeding $50 million. Work. For example, let’s take child care. We The Mandates Information Act of 1998 will es- basically have a child care system that is Melvin Jones and his fellow Chicago business- 8:30 to 5:30 because that’s been the needs of men formed the Lions International. The group tablish a similar point or order procedure for the working parents, 8:30 to 5:30. But if you was created to focus on humanitarian acts of bills containing a unfunded mandate on the look at the jobs wanted in the entry level or service. private sector in excess of $100 million. the type of jobs our welfare recipients can Several years later, after Hellen Keller chal- The changes reflected in the Mandates In- hold, many of them are for weekend and lenged the Lions to become her ``Knights of formation Act of 1998 have been made at the night work. And there’s virtually no child the Blind,'' William Hillman, Jr., and former behest of the Rules Committee Chairman and care available in the evenings or weekends in Mayor Alvin Lucier established the Nashua Vice Chairman with the commitment to move Philadelphia. Now, let’s talk for a second about these Lions Club. Since being chartered in 1923, the this important piece of legislation forward. I suburban growth centers. There are 15 of Nashua Lions have not only heeded Hellen look forward to participating in a hearing on them and only two are near public transpor- Keller's call, but have lived up to their motto these changes later this week followed by a tation, traditional public transportation ``We Serve'' by making Nashua a better com- full and open debate on the bill before the full where someone from Philadelphia can take munity and improving the lives of those who House in the near future. the subway down to Suburban Station and live there. f get on a commuter train and go out and wind After 75 years of hard work and selfless de- up close enough that they can walk to the DE COLORES MEXICAN FOLK votion, the Nashua Lions Club have raised job centers. Thirteen of them are far enough DANCE COMPANY away that you simply can’t get there from and returned over $750,000 to their commu- here if you don’t have a car. And of course, nity. But the true measure of their impact on almost none of our current AFDC welfare re- Nashua is not in the dollars they have raised, HON. ESTEBAN EDWARD TORRES cipients have vehicles. So not only are we but in the lives they have touched. OF CALIFORIA going to spend a chunk of that $51 million Most notably, the Nashua Lions have dedi- IN THE HOUSE OF REPRESENTATIVES creating van pools and things like that to cated substantial time and resources to build- Tuesday, March 24, 1998 get our people to suburban job centers, but I ing projects designed to assist handicapped heard you, and I know this isn’t the main individuals. Under the leadership of former Mr. TORRES. Mr. Speaker, earlier this thrust of this hearing, but to not re-enact Mayor Mario J. Vagge, the Nashua Lions built month I was witness to a most dazzling and ISTEA without significant funds in there for energetic dance ensemble at their inaugural Welfare-to-Work transportation programs. the ``Friendship Club'' for the handicapped, As you know, Senator Specter and Senator and under the direction of past President Rich performance at the Kennedy Center for the Santorum have combined to put an amend- Nadeau, they constructed ``Melanie's Room'' Performing Arts. This Washington, D.C. based ment to the ISTEA reorganization bill in the for a handicapped young girl. dance company has received broad acclaim at Senate upping those dollars from $100 mil- Responding to Hellen Keller's challenge 77 major performances including the Presidential lion that the Administration has put in their years ago, the Nashua Lions have also Inaugural's `Àmerican Journey'' at the Smith- budget, to $250 million, and I would urge that worked closely with the Nashua school nurses sonian, and a near sellout concert perform- is an absolutely essential step. If we’re seri- ance commemorating Mexico's ``day of the ous about what we’re trying to do there, and to provide free eye exams and eye glasses to in all due respect, this is not a reflection on needy area students. They have spent over dead'' at the Gunston Community Arts Center Congressman Fattah or any of the Congress- $30,000 in the last 25 years to buy new eye Theater. men who are represented here, but if we’re screening machines for Nashua schools. De Colores Mexican Folk Dance Company serious about trying to get people from wel- Aside from their numerous community and is unique in the area for its commitment to fare to work, we can’t do it cheap. We have charity efforts, the Nashua Lions have also preserving and presenting the authentic, rich to spend money for transportation. We have provided leadership to the entire Lions Inter- and varied interpretations of Mexican dance, to spend money for child care. We have to national organization. During their 75-year his- music, and costumes. Their vision is to estab- spend money for job training. And most of tory, the Nashua Lions proudly have produced lish an Instituto de Danza for children and all, we have to spend money to help create jobs whether they be transitional jobs in the two District 44-H Governors, Joseph J. adults in the nation's capital to teach and train public sector whether they’ll be subsidizing Bielawski from 1983 to 1984, and Edward a future generation of artists. Performances job growth in the private sector. Whatever it Lecius this year for their diamond jubilee. are intended to foster greater understanding is, we have to touch every element of that, Mr. Speaker, the Nashua Lions exemplify about Mexican art, history and culture. Mem- and we better do it fast. America's charitable spirit. Their leadership, bers receive rigorous training, tutoring and March 24, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E459 performing opportunities, and are encouraged viding health care to veterans suffering from I urge all Members to join me in co-sponsor- to strive for the highest standards in Mexican tobacco-related illnesses. ing this extremely important resolution. folkloric dance interpretation. If anybody deserves to be protected under f Company General Director, Adriana Mar- the terms of a tobacco settlement, it is our na- tinez, a former Capitol Hill staff assistant, tion's veterans, many of whom became ad- SUPPORT GROWS FOR CREDIT began performing professionally at the age of dicted to nicotine while in service to our na- UNIONS 21 with the Ballet Folklorico de Stanford under tion. the tutelage of master instructors Susan As the resolution I am introducing today HON. PAUL E. KANJORSKI Cashion and Ramon Morones. She joined spells out in greater detail, tobacco companies OF PENNSYLVANIA forces with the principal dancer and Co-Direc- and our federal government facilitatedÐif not tor Enrique Ortiz, former Director of Los encouragedÐcigarette smoking in the military. HON. STEVE C. LaTOURETTE Tapatios, to form De Colores Mexican Folk From the time of the Civil War until 1956, the OF OHIO Dance Company in 1996. Principal dancers Army was required by law to provide a cheap IN THE HOUSE OF REPRESENTATIVES and nearly endless supply of tobacco to its en- and several of the founding members each Tuesday, March 24, 1998 brought with them years of experience teach- listed men. The Air Force still has a similar ing, directing, performing, and training. Other law on the books. Cigarettes have been dis- Mr. KANJORSKI. Mr. Speaker, my col- Capitol Hill staffers performed traditional tributed free of charge to members of the league, Mr. LATOURETTE, and I are pleased to dances of Mexican regions highlighting Armed Forces as part of their so-called ``C-ra- announce that support for H.R. 1151, the Veracruz, El Norte (Chihuahua), Tamaulipas tions.'' As many as 75 percent of our World Credit Union Membership Access Act, contin- (Huasteca), and Region Jalisco. The company War II veterans began smoking as young ues to grow. Below are the thirty-first through is composed of beautifully attired women: adults during the course of their military serv- fortieth of the more than 100 editorials and Constance Chubb, Gloria Corral, Guadalupe ice. columns from newspapers all across our na- Jaramillo, Rocio Jimenez, Irene Macias, Irma Labeling requirements warning of the dan- tion which support giving consumers the right gers of nicotine and tobacco usage did not be- Martinez, and Alma Medina. Along with male to chose a non-profit, cooperative, credit union come mandatory for products distributed partners: Maximo Galindo, David Garcia, John for their financial services. through the military system until 1970, five McKiernan Gonzalez, Joseph Lukowski, Geof- Surveys have consistently shown that con- years after such a requirement was made ap- frey Rhodes, and A. Santiago Alvarez. sumers strongly support the value and serv- plicable to the civilian market. Tobacco prod- Mr. Speaker, the De Colores Mexican Folk ices they receive from their credit unions. That ucts are still sold by military exchanges at Dance Company brings to our nation's capital is why the Consumer Federation of America substantially discounted rates, thus actively a rich contribution of Latinos in the arts and endorses H.R. 1151, the Credit Union Mem- encouraging tobacco usage by military person- humanities visible through their unique art bership Access Act. nel and their dependents. ``Smoke 'em if you form. I ask colleagues in Congress assembled A bipartisan group of more than 190 Mem- got 'em'' has been a watchword of the military to wish them great success as they move for- bers from all regions of our country, and all culture for years. parts of the political spectrum, are now coward with our vision to educate children about Given this historical backdrop, it should Mexican culture and heritage through tradi- sponsoring the Credit Union Membership Ac- hardly be surprising that many veterans devel- cess Act. We should pass it quickly so that tional folklore. oped an addiction to nicotine in large part be- f credit unions can stop worrying about their fu- cause our government and the tobacco com- ture and return to serving their members. panies made cigarettes so accessible and UPON INTRODUCTION OF H. CON. [From the Des Moines Register, Mar. 7, 1998] RES. 249 RESOLUTION TO EX- easy to smoke during their military service. But while our public servants have correctly BANKS VS. CREDIT UNIONS—BOTH SIDES HAVE PRESS SENSE OF CONGRESS EXAGGERATED THE THREAT—THERE SHOULD THAT THE VA SHOULD RECEIVE criticized the tobacco companies for preying on millions of Americans with their highly ma- BEA PLACE FOR BOTH PROCEEDS FROM ANY TOBACCO Next week, Iowa Congressman Jim Leach SETTLEMENT nipulative marketing practices, the Administra- tion's proposed budget leaves the Department has scheduled hearings on whether Congress should act in response to the U.S. Supreme of Veterans Affairs and our veterans to fend HON. LANE EVANS Court’s Feb. 25 ruling regarding credit-union for themselves in dealing with tobacco-related membership. Leach had better wear his hard OF ILLINOIS illnesses that haunt a substantial portion of our hat. IN THE HOUSE OF REPRESENTATIVES nation's veteran population. And while many The court case is part of an increasingly Tuesday, March 24, 1998 would agree that millions of Americans were acrimonious debate as banks battle to pre- victimized by misleading advertising and de- vent credit unions from eating into their Mr. EVANS. Mr. Speaker, the proposed set- ceptive marketing practices that led them market. tlement between major tobacco companies down the path to addiction, the Administra- The banks, which pay hefty taxes, say and various states will receive much attention tion's message appears to be that our veter- credit unions, which don’t, have an unfair advantage. That advantage might be accept- by the Congress in the coming session. With ans should have known better. so much money and emotion wrapped up in able for the classic mom-and-pop credit The resolution I have introduced today at- union, but bankers are alarmed at the one issue, it is anybody's guess how Con- tempts to send a message that the Congress gress will finally try to resolve this highly con- growth of huge credit unions like the John is not prepared to leave our veterans behind. Deere Community Credit Union in Waterloo tentious issue. The Department of Veterans Affairs should re- with more than $385 million in assets and a But no matter how Congress ultimately de- ceive substantial amounts from any tobacco full array of financial services offered to cides to address this issue, there is one group settlement so that it will have sufficient funds 77,000 members. of Americans that cannot be left out of any to- to meet the needs of our veterans suffering Credit unions, in response, point out that bacco settlementÐour nation's veterans. from tobacco-related illnesses. at best they still have a slender 6 percent I share the Administration's view that we This resolution has already received support slice of the total market pie nationally, should make it a major public health priority to from most major veterans service organiza- while banks have 77 percent. In Iowa the reduce cigarette smoking and nicotine addic- ratio is something like to 88 to 5. As for the tions, including the Veterans of Foreign Wars tax disparity, credit unions note that, unlike tion, in part through establishing significant (VFW), the Paralyzed Veterans of America banks, they have no profits on which to pay constraints on the ability of tobacco compa- (PVA), the Vietnam Veterans of America taxes. Credit unions return all profits to nies to continue to engage in deceptive and (VVA), the Fleet Reserve Association, the their members, who pay taxes on their earn- deadly marketing practices. A responsible, Blinded Veterans Association, and the Military ings. In fact, some Iowa banks are now comprehensive tobacco settlement may be the Order of the Purple Heart. switching to that very taxing scheme under best way to achieve this goal. I am also pleased that Representative a new state law. But while the Administration has assumed CHRISTOPHER SMITH (R±NJ), the Vice-Chair- Although these issues are not central to our federal government will collect over $65 man of the House Committee on Veterans' Af- the question that prompted Leach’s hearing, they are what drove the bankers to bring billion in proceeds from any tobacco settle- fairs, has joined with me to introduce this bi- suit against federally chartered credit ment, its Fiscal Year 1999 (FY 99) budget fails partisan, common sense resolution. Congress- unions. The suit challenged recent interpre- to earmark any settlement money for the De- man SMITH's leadership on this issue is indic- tations of federal law that have allowed cred- partment of Veterans Affairs, the federal agen- ative of his long-standing commitment to our it unions to broaden eligibility for member- cy that spends over $4 billion each year pro- nation's veterans, and I welcome his support. ship. E460 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1998 The Supreme Court, in its Feb. 25 ruling, If the credit unions lose in court, Congress interest rates on loans down. But Congress came down on the side of the banks: Federal could come to the rescue with just a slight also set limits on them, insisting that mem- laws says there must be a ‘‘common bond’’ change in the 1934 law’s wording about ‘‘com- bers have a common bond, such as the same between employee groups belonging to a mon bonds.’’ occupation or the same workplace. Many credit union, and the National Credit Union You would think many would support the credit unions have been ignoring that re- Administration has been reading the law too amendment. After all, 70 million Americans straint since a 1982 reinterpretation of the liberally by allowing federally chartered belong to credit unions, and that’s a lot of law by a federal agency. That agency ruling credit unions to sign up any employee group voters. was probably necessary to keep credit unions that walks in the door. It’s possible that another number speaks thriving. For a variety of reasons, many Only five of the 212 credit unions in Iowa more loudly in the legislative ear: 4.4 tril- places of business were declining in size, are federally chartered; the remainder are lion, which is the accumulation of dollars meaning that some of them individually did chartered under state law, which requires a the banks have in assets, and more than 12 not have enough employees to support a common bond among employee groups. But, times the assets of credit unions. credit union. while this ruling may not have direct con- The banks would not seem to be at much of The ruling rankled banks, though. They sequences here, Iowa credit unions see the a disadvantage economically, after all. have not liked this expanding competition, bankers’ Supreme Court victory as the pos- especially when the competition has not sible leading edge for other victories by the been paying taxes like they have been. It was [From the Louisville Courier-Journal, Sept. a lawsuit brought by banks that led to the banks. 15, 1997] Credit-union advocates see this as a life-or- Supreme Court decision. While it’s true that death struggle and suspect the bankers’ ulti- BANKERS SHOULD QUIT BULLYING WORKERS’ the bankers who brought this suit say they mate aim is to destroy credit unions. That’s CREDIT UNIONS will not move to have current members a bit of an exaggeration, though the bankers With America’s banks raking in record kicked out of their credit unions, it’s also have done themselves no favors with their profits, you’d think that bankers would have true that no institution that remains valu- own exaggerations of the credit unions’ po- little to complain about. But you’d be wrong. able to many millions of people ultimately tential threat. At the annual convention of the Kentucky could be endangered by an incapacity to While most credit unions hardly pose a se- Bankers Association in Louisville last week, grow and serve those who need it most. rious threat to banks, the bankers have a the president-elect of the American Bankers There’s nothing intrinsically unconstitu- good argument about the phenomenon of a Association and the president of America’s tional or unfair about exempting organiza- few giant credit unions that have morphed Community Bankers worried aloud about the tions from taxes if they have forsaken prof- into full service institutions that look an growth of credit unions and a sharp rise in its, and there’s certainly room in this econ- awfully lot like banks. As long as those oper- personal bankruptcies. omy for this particular alternative to banks. ations continue to grow, they make an at- Their concern about bankruptcies is valid. Locally, credit union officials have been tractive target for banks and other financial Federal laws make it too easy to declare scrambling to explain to customers the im- institutions looking to curb credit unions. bankruptcy. If bankruptcy were more pain- plications of the ruling. One is that it has no Whatever legislation emerges from Con- ful, fewer people would resort to it, and, in- impact on community—(such as the Warrick gress should ultimately aim to assure the stead, would struggle to pay their creditors. Federal Credit Union) or state-chartered banks of a fair shake and to leave the credit (Of course, if banks and other lenders were credit unions. John McKenzie, president of unions intact. more careful about extending credit, fewer the Indiana Credit Union League, said Con- Credit unions have for 80 years served a potential deadbeats would have a chance to gress should make sure the banking industry vital function for millions of Americans by get deeply into debt to begin with:) does not get in the way of people’s access to offering services to their members that are The verbal volleys against credit unions credit unions. Obviously, a new law should not give credit not offered by banks. They still serve a vital were less persuasive. unions carte blanche to operate any way function today. Yes, credit unions have grown rapidly, and as non-profit institutions they don’t pay fed- they choose, but it should relieve them of eral taxes. This irritates bankers. some of those 1934 restrictions. [From the Cincinnati Post] But the reason credit unions have grown is CREDIT FOR CREDIT UNIONS because they serve an important function in [From the Palm Beach Post, Mar. 17, 1997] Credit unions, which have been helping our economy. They help a lot of workers buy TELL BANKS TO BACK OFF people with their financial needs for more cars or finance college education—including Credit unions fill just a tiny niche in than six decades, are themselves in need workers who might find it hard to get a bank American banking, but their members appre- now. They need to win a legal fight and, fail- loan for the same purposes, at least not one ciate them. Why, then, are bankers attack- ing that, they need some political help from at an affordable interest rate. ing credit unions every way possible? Congress. The banks and the nation’s credit unions The House Banking Committee is holding If they don’t get it, the credit unions are battling it out in the courts and in Con- hearings on whether federally chartered themselves may no longer be available for gress: credit unions should be allowed to recruit millions when they come knocking, and For the moment, the bankers have the members outside limited groups with a American consumers, especially those of upper hand, thanks to a federal appeals court ‘‘common bond.’’ Banks are fighting the modest means, will have reason to grieve. ruling that has stalled the industry’s expan- change in Congress and in the courts. The Congress established credit unions as non- sion. Supreme Court will hear a bank-inspired profit cooperatives in 1934 chiefly for poorer But the Supreme Court will hear an appeal case that could end with credit unions hav- people left out of the loop by banks. It re- of that ruling soon, and Congress could make ing to drop 20 million members. quired that members have a ‘‘common the legal battle moot by changing the law You don’t join a credit union to finance a bond,’’ such as being employees of the same governing credit unions. 40-story office tower. But you can still get a company. If the credit unions win, you’ll hear more $50 loan there, as people have been doing The formula worked fine until the late grumbling from bankers about unfair com- since the 1930s. Credit unions are not-for- 1970s, when the disappearance of large manu- petition. profit. They don’t pay most taxes, so they facturing plants and other economic changes But they’ll be crying all the way to the can charge less interest than banks for began robbing the credit unions of members. bank. Profits, we suspect, will remain ro- loans. A federal agency then said a credit union bust. Credit unions hold 6.8 percent of all bank- could include a multitude of groups in its ing assets nationally, 7.5 percent in Florida. membership in order to maintain a suffi- [From the Evansville Courier, Mar. 5, 1998] The percentages are up since 1980 from 3.6 ciently large operational base. percent and 3.5 percent respectively, but The commercial banks yelped. What’s CREDIT UNIONS HAVE REMEDY TO SETBACK— they came at the expense of savings and more, they sued. They maintained that the LAWSUIT THREATENS NEEDED INSTITUTIONS loans. For-profit banks pulled in more assets federal agency, the National Credit Union The U.S. Supreme Court has ruled that a of former S&Ls than credit unions ever did. Administration, had misconstrued the law, 1934 law that permitted the creation of credit The typical credit union was set up by em- and a federal judge said the commercial unions also prohibits any single one of them ployees of a big company. As large compa- banks were right. The Supreme Court has from getting its members from different nies shrank, unions served ex-employees and agreed to hear the case either late this year companies in different industries. The deci- recruited outside the fold to stay afloat. The or early next. If the high court concurs with sion is a setback to a consumer-friendly in- Florida Legislature loosened the ‘‘common lower court rulings, some 10 million people stitution, but nothing that a 1998 law bond’’ rule for state-chartered credit unions will no longer be members of credit unions. couldn’t or shouldn’t fix. in 1982 to allow that. Now banks are acting Banks say the competition from the credit Congress decided to allow credit unions as if they are losing $100 bills to credit unions is unfair because they don’t pay during the Depression so that workers who unions, not nickels. taxes. It’s true that, as non-profits, the cred- couldn’t get loans from banks would have A decade ago, the banks were hurting. Cor- it unions don’t have profits to pay taxes on. someplace to turn. Credit unions are non- porations found ways to handle their own Members do pay income taxes on any divi- profit cooperatives, and that has enabled money. Big depositors switched their check- dends. them to skip taxes, operate cheaply and keep ing to their brokers. But the banks roared March 24, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E461 back. They are doing so well that if you are preme Court, in a 5–4 decision in a case from Because of their lower overhead, they tend not looking to finance a 40-story office North Carolina, said was in violation of the to pay higher interest to savers and charge tower, they give the impression that you 1934 federal law. lower interest to borrowers, and banks don’t should deal with their machines and not Anticipating the Supreme Court decision, like that. waste their employees’ time. the Credit Union National Association asked As the definition of who qualified to join a Merging and expanding banks are classic Congress last year to consider legislation to credit union expanded in recent years, banks cases of a business in need of discipline by allow federally chartered credit unions to filed suit. Last year a federal judge sided market competition. The credit unions are maintain their expanded membership base. with the banks and ordered federally char- hardly a threat. But they hang in. Smart Credit unions operate on a not-for-profit tered credit unions to comply with a narrow lawmakers in Washington and Tallahassee basis. They pay no taxes and tend to offer definition of the ‘‘common bond’’ require- will do nothing to make it harder for them. lower-cost loans and higher earnings for sav- ment of the 1934 law. ings. They also tend to charge fewer and The case is being appealed, but in the [From the San Francisco Examiner, Oct. 27, lower fees than commercial banks. But the meantime Florida credit unions are expect- 1997] commercial banks say credit unions’ not-for- ing banks to try to clip their wings too. GOLIATH VS. DAVID FOR SMALL BUCKS—BANKS profit status creates an unfair competitive Florida law is less restrictive in that it does WAGE A HARSH CAMPAIGN AGAINST INCREAS- advantage. not require members to have a narrow com- Bankers have reason for concern. Since the INGLY POPULAR CREDIT UNIONS mon bond. An attempt is likely this session 1982 regulation took effect, credit unions to make state law as tight as the outdated The nation’s banks should drop their have rapidly expanded their membership. federal law. If this happened, it would pre- mean-spirited campaign to clip the wings of Last year, 72 million Americans belonged to vent federally chartered credit unions in 12,000 credit unions. The banks would do bet- credit unions, double the number in 1991. Florida from switching to a state charter to ter to emulate some of the credit unions’ California alone has 735 credit unions, of get around last year’s unfavorable court rul- people-friendly policies instead of dreaming which 340 are federally chartered and will be ing. up new ways to extract fees from their hap- directly affected by last week’s Supreme The Legislature should resist efforts to less customers. (We are braced for the spread Court ruling. Although banking industry of- change the state law. Credit unions are no of the $3 charge for using the services of a ficials say consumers who currently belong real threat to banks; in fact, banks are en- human teller.) to credit unions will not be asked to give up joying record profits. Many of the people Nonprofit credit unions have grown hugely their memberships, joining a credit union served by credit unions would be shunned by popular by offering a break on limited finan- may prove more difficult in the future unless banks anyway. How many banks would make cial services to members under terms of a Congress changes the 1934 law. a $50 loan? Credit unions make small loans 1934 federal law. They pay interest on in- A bill before Congress to allow credit every day. sured deposits and earn interest on loans to unions to serve multiple groups deserves ap- At the federal level, Congress should not members at competitive rates. The members proval. Credit union industry observers say sit idly by while the courts put credit unions ordinarily share some link like working for it takes several thousand employees to form into a time machine and ship them back to the same employer or belonging to the same a credit union. In California, not many em- 1934. Times have changed since then, and so church. Credit unions were created during ployers of this size exist. In San Diego, 95 have the needs of consumers. the Depression to serve individual savers, percent of the work force is employed with Congress should take a close look at what who were of little interest to the major firms with 50 or fewer employers. has happened under Florida’s more modern banks. This is still part of their function, as With Congress set to begin hearings this law. Credit unions have saved consumers when a black church sponsors one in a neigh- week on a bill aimed at resolving the dispute millions of dollars in fees and interest; and borhood the big banks have deserted. between banks and credit unions, both sides banks have continued to grow; offering inno- While some credit unions have substantial already have begun their lobbying efforts. vative services and sound management. assets, their collective market share hovers The commercial banks, particularly the Credit unions don’t want to become banks, around 2 percent—nothing for the bankers to smaller community-based banks, have legiti- and banks certainly have no desire to be- worry about. But the banks are arguing be- mate concerns about rapidly expanding cred- come more like credit unions. Until someone fore the U.S. Supreme Court, and in a sepa- it unions. But in drafting new legislation, can identify a problem with these member- rate lawsuit in the District of Columbia, to Congress must recognize the realities of owned institutions, they deserve to be left overturn the National Credit Union Adminis- America’s small-business economy. Ameri- alone. tration on loosening ‘‘affinity’’ standards for cans have shown an increasing preference for credit union membership. Another fight over credit unions, and consumer choice must be [From the Goshen News] credit union rules proceeds in Congress. Both preserved. sides are waging public relations campaigns. GIVING CREDIT TO CREDIT UNIONS The credit unions are valuable as a tiny Credit unions, which have been helping check on the financial power of the major [From the Tampa Tribune, Jan. 14, 1997] people with their financial needs for more banks and as a reminder to them that con- NO REASON TO PUNISH CREDIT UNIONS than six decades, are themselves in need sumers value decent treatment in the con- A financial battle is brewing that warrants now. They need to win a legal fight and, fail- duct of their financial affairs, however mod- consumer attention. The banking industry is ing that, they need some political help from est. If credit union membership nationwide putting the squeeze on credit unions in hopes Congress. If they don’t get it, the credit grows beyond the present 70 million thanks of limiting your opportunity to join one. unions themselves may no longer be avail- to more generous interpretations of who can If they are successful, banks will have able for millions when they come knocking, join, it will be because more people cherish more business for themselves and some cred- and American consumers, especially those of that alternative to the average cold-blooded it unions will be put out of business. Al- modest means, will have reason to grieve. bank. though credit unions handle only a small Congress established credit unions as non- fraction of the nation’s savings accounts and profit cooperatives in 1934 chiefly for poorer consumer loans, banks are jealous of that people left out of the loop by banks. It re- [From the San Diego Union Tribune, Mar. 2, little share and worry that credit unions will quired that members have a ‘‘common 1998] continue to gain customers. bond,’’ such as being employees of the same THE CONSUMERS’ CHOICE—CONGRESS SHOULD A credit union is a group of people who get company. The formula worked fine until the NOT RESTRICT CREDIT UNIONS together to pool their savings and lend each late 1970s, when the disappearance of large The long-running battle between commer- other cash. They began more than 60 years manufacturing plants and other economic cial banks and credit unions didn’t end last ago, long before the popularity of checking changes began robbing the credit unions of week when the U.S. Supreme Court ruled accounts, credit cards and ATM machines. members. A federal agency then said a credit that a Depression-era law places strict limits The Federal Credit Union Act of 1934 allowed union could include a multitude of groups in on the membership of credit unions. people to form a financial partnership if they its membership in order to maintain a suffi- The 1934 Federal Credit Union Act, which shared a common bond, such as a single em- ciently large operational base. established credit unions because banks were ployer or trade group. They were, and still The commercial banks yelped. What’s perceived as ignoring the needs of low- and are, run by volunteer boards and do not more, they sued. They maintained that the moderate-income Americans, limited credit make a profit, and consequently pay no in- federal agency, The National Credit Union union membership to ‘‘groups having a com- come taxes. Administration, had misconstrued the law, mon bond of occupation or association, or BANKS HAVE LONG been suspicious of and a federal judge said the commercial groups within a well-defined neighbor-hood, the special relationship credit unions have banks were right. The Supreme Court has community or rural district.’’ But in 1982, re- with their members and the government. agreed to hear the case either late this year sponding to a wave of corporate reorganiza- The unions have an unfair advantage, banks or early next. If the high court concurs with tions and downsizing that threatened exist- complain, because they have no taxes to pay lower court rulings, some 10 million people ing credit unions, the National Credit Union and no shareholders to please. Credit unions will no longer be members of credit unions, Administration expanded membership be- drew more attention to themselves when and millions more may never get the chance. yond the single-company, single-community some of the larger ones began offering check- That would be a shame because credit confines. It is this expansion that the Su- ing accounts, credit cards and mortgages. unions normally pay higher rates of return E462 CONGRESSIONAL RECORD — Extensions of Remarks March 24, 1998 on deposits and charge less interest on loans If the credit unions lose in court, Congress speaks more loudly in the legislative ear: 4.4 than banks. They tend to be easy and friend- could quickly come to the rescue with just a trillion, which is the accumulation of dollars ly to deal with, partly because the directors slight change in the 1934 law’s wording about the banks have in assets, and more than 12 are likely to be the consumer’s fellow work- ‘‘common bonds.’’ There is some bipartisan times the assets of credit unions. The banks ers. Banks say the competition from the support for the amendment, though not ex- would not seem to be at much of a disadvan- credit unions is unfair because they don’t actly a ground swell yet. You would think, pay taxes. It’s true that, as non-profits, the at first blush, that there would be more in- tage economically, after all, although the credit unions don’t have profits to pay taxes terest. After all, 70 million Americans belong credit unions may be at a disadvantage po- on. Their members do pay income taxes on to credit unions, and that’s a lot of voters. litically. any dividends. It’s possible, of course, that another number Tuesday, March 24, 1998 Daily Digest

HIGHLIGHTS House Committees ordered reported 7 sundry measures, including Emer- gency Supplemental appropriations fiscal year 1998 and Emergency Supplemental Recessions appropriations fiscal year 1998. Senate D’Amato Amendment No. 2109, to provide funds Chamber Action to compensate dairy producers for production losses Routine Proceedings, pages S2451–S2503 due to natural disasters. Pages S2479±81 Measures Introduced: Thirty-three bills and one Stevens (for Leahy) Amendment No. 2111, to resolution were introduced, as follows: S. 1823–1855 eliminate the State matching requirement with re- and S. Res. 199. Pages S2488±89 spect to certain amounts made available for fiscal Measures Reported: Reports were made as follows: year 1998 for the Small Business Development Cen- Special Report entitled ‘‘Further Revised Alloca- ter program of the Small Business Administration. tion to Subcommittees of Budget Totals from the Pages S2482±84 Concurrent Resolution for fiscal Year 1998’’ (S. Stevens (for Coverdell/Cochran/Bumpers/Boxer/ Rept. No. 105–172) Page S2488 Cleland) Amendment No. 2112, to provide addi- Emergency Supplemental Appropriations: Senate tional funds for emergency watershed and flood pre- continued consideration of S. 1768, making emer- vention operations. Pages S2482±84 gency supplemental appropriations for recovery from Stevens (for Kennedy/Kerry) Amendment No. natural disasters, and for overseas peacekeeping ef- 2113, to authorize the Secretary of Defense to ac- forts, for the fiscal year ending September 30, 1998, quire a lease or other short-term interest in certain taking action on amendments proposed thereto, as cranberry bogs near the Massachusetts Military Res- follows: Pages S2452±86 ervation, Massachusetts. Pages S2482±84 Adopted: Stevens (for Coats/Lieberman) Amendment No. Stevens Amendment No. 2085, to establish a 2114, to extend the National Defense Panel to the treatment of educational accomplishments of Na- end of fiscal year 1998. Pages S2482±84 tional Guard Challenge Program participants. Stevens (for Shelby/Byrd/Boxer/Dorgan) Amend- Page S2458 ment No. 2115, to provide funds for emergency rail- Stevens (for Kyl) Amendment No. 2079, to pro- road rehabilitation and repair on Class II and Class vide contingent emergency funds for the enhance- III railroads. Pages S2482±84 ment of a number of theater missile defense pro- Stevens (for Gregg/Hollings) Amendment No. grams. Pages S2456±59 2116, providing for the transfer of certain funds to Stevens Amendment No. 2092, to require the the Department of State. Pages S2482±84 Federal Communications Commission to submit a Stevens (for Ashcroft) Amendment No. 2117, to report on universal service support for public institu- encourage to use the voice and vote of the United tional telecommunications users. Pages S2459±60 Leahy Amendment No. 2098, to clarify the defi- States to enhance the general effectiveness of the International Monetary Fund. Pages S2484±85 nition of ‘‘Great Lakes’’. Pages S2460±62 Stevens (for Frist/Byrd) Amendment No. 2101, to Stevens (for Hollings) Amendment No. 2118, to provide exemption authority for air service to slot- establish an IMF impact team. Pages S2484±85 controlled airports. Page S2469 Stevens (for Grassley) Amendment No. 2119 (to Gorton Modified Amendment No. 2102, to limit Amendment No. 2100), to encourage the IMF to es- International Monetary Fund loans to Indonesia. tablish bankruptcy reform in economically troubled Pages S2470, S2482 nations. Pages S2484±85 D289 D290 CONGRESSIONAL RECORD — DAILY DIGEST March 24, 1998

Rejected: Messages From the House: Page S2487 Gramm/Santorum Amendment No. 2104, to es- Communications: Pages S2487±88 tablish that only that portion of budget authority provided in this Act that is obligated during fiscal Petitions: Page S2488 year 1998 shall be designated as an emergency re- Statements on Introduced Bills: Pages S2489±91 quirement pursuant to the Balanced Budget and Additional Cosponsors: Page S2491 Emergency Deficit Control Act of 1985. (By 76 yeas to 24 nays (Vote No. 40), Senate tabled the amend- Amendments Submitted: Pages S2492±S2501 ment.) Pages S2471±79 Authority for Committees: Page S2501 Pending: Additional Statements: Pages S2501±02 McConnell Modified Amendment No. 2100, to provide supplemental appropriations for the Inter- Record Votes: One record vote was taken today. national Monetary Fund for the fiscal year ending (Total–40) Page S2479 September 30, 1998. Pages S2463±69 Adjournment: Senate convened at 9:30 a.m., and Faircloth Amendment No. 2103, to establish an adjourned at 7:48 p.m., until 9:30 a.m., on Wednes- Education Stabilization Fund to make loans to States day, March 25, 1998. (For Senate’s program, see the for constructing and modernizing elementary and remarks of the Acting Majority Leader in today’s secondary schools. Pages S2470±71 Record, on page S2503.) Stevens (for Nickles) Amendment No. 2120, to strike certain funding for the Health Care Financing Administration. Page S2485 Committee Meetings Withdrawn: Ashcroft Amendment No. 2080, to amend the (Committees not listed did not meet) Fair Labor Standards Act of 1938 to provide to private sector employees the same opportunities for APPROPRIATIONS—AGRICULTURE time-and-a-half compensatory time off and bi-weekly Committee on Appropriations: Subcommittee on Agri- work programs as Federal employees currently enjoy culture, Rural Development, and Related Agencies to help balance the demands and needs of work and held hearings on proposed budget estimates for fiscal family, and to clarify the provisions relating to ex- year 1999 for the Farm and Foreign Agricultural emptions of certain professionals from the minimum Service of the Department of Agriculture, receiving wage and overtime requirements of the Fair Labor testimony from August Schumacher, Jr., Under Sec- Standards Act of 1938. Pages S2452±56, S2485±86 retary for Farm and Foreign Agricultural Programs, Senate will continue consideration of the bill on Keith Kelly, Administrator, Farm Service Agency, Wednesday, March 25, 1998. Christopher E. Goldthwait, General Sales Manager, Education Savings Act for Public and Private Lon S. Hatamiya, Administrator, Foreign Agricul- Schools—Cloture Vote Postponed: By unanimous- tural Service, and Kenneth D. Ackerman, Adminis- consent agreement, the cloture vote on the motion trator, Risk Management Agency, all of the Depart- to close further debate on H.R. 2646, to amend the ment of Agriculture. Internal Revenue Code of 1986 to allow tax-free ex- Subcommittee will meet again on Tuesday, March penditures from education individual retirement ac- 31. counts for elementary and secondary school expenses, and to increase the maximum annual amount of con- ALZHEIMERS DISEASE tributions to such accounts, scheduled to occur Committee on Appropriations: Subcommittee on Labor, today, was postponed. Page S2481 Health and Human Services, and Education con- Nominations Received: Senate received the follow- cluded hearings to examine issues with regard to ing nominations: Alzheimers disease, focusing on its impact on fami- William Joseph Burns, of Pennsylvania, to be lies and research and development programs, after re- Ambassador to the Hashemite Kingdom of Jordan. ceiving testimony from Steven DeKosky, University Ryan Clark Crocker, of Washington, to be Am- of Pittsburgh Medical Center, Pittsburgh, Pennsyl- bassador to the Syrian Arab Republic. vania; Donald Schmechel, Duke University Medical 1Air Force nomination in the rank of general. Center, Durham, North Carolina; Orien Reid, 1Army nomination in the rank of general. Laverock, Pennsylvania, on behalf of the Alzheimer’s 1Marine Corps nomination in the rank of general. Association; Bob and Rosemary Cronin, Dubuque, Page S2503 Iowa; and Piper Laurie, Los Angeles, California. March 24, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D291 DRUG ADDICTION AND RECOVERY Subcommittee recessed subject to call. Committee on Appropriations: Subcommittee on Labor, AUTHORIZATION—DEFENSE Health and Human Services, and Education con- Committee on Armed Services: Subcommittee on Strate- cluded hearings on proposals to provide for non- gic Forces resumed hearings on proposed legislation discriminatory coverage for substance abuse treat- authorizing funds for fiscal year 1999 for the De- ment services under private group and individual partment of Defense and the future years defense health coverage, after receiving testimony from Sen- program, focusing on ballistic missile defense pro- ator Wellstone; Representative Ramstad; Alan I. grams, receiving testimony from Lt. Gen. Lester L. Leshner, Director, National Institute on Drug Abuse, Lyles, USAF, Director, Ballistic Missile Defense Or- Department of Health and Human Services; Fred D. ganization, Department of Defense; Gen. Larry D. Hafer, General Public Utilities, Inc., Morristown, Welch, USAF (Ret.), Institute for Defense Analyses, New Jersey; William Cope Moyers, Hazelden Foun- Alexandria, Virginia; David J. Smith, Global Hori- dation, Center City, Minnesota; John T. Schwarzlose, zons, Inc., Annandale, Virginia; and William R. Betty Ford Center, Indian Wells, California, on be- Graham, National Security Research, Inc., Fairfax, half of the Partnership for Recovery and the Na- Virginia. tional Association of Addiction Treatment Providers; Subcommittee will meet again on Thursday, Buzz Aldrin, Santa Monica, California; Shawn Colvin March 26. and Bill Moyers, both of New York, New York; and Carroll O’Connor and Mackenzie Phillips, both of PROFESSIONAL BOXING Los Angeles, California. Committee on Commerce, Science, and Transportation: APPROPRIATIONS—AMTRAK Committee concluded hearings to examine certain business practices within the professional boxing in- Committee on Appropriations: Subcommittee on Trans- dustry, focusing on the role and status of State regu- portation and Related Agencies held hearings on lation, contract issues, and the promotion of the ath- proposed budget estimates for fiscal year 1999 for letes, after receiving testimony from Gregory P. Sirb, the National Railroad Passenger Corporation (Am- Pennsylvania State Athletic Commission, Harrisburg, trak), focusing on how to improve intercity pas- on behalf of the Association of Boxing Commissions; senger rail in the United States, receiving testimony Cedric Kushner, Cedric Kushner Promotions, Long from Senators Roth, Biden, and Baucus; Phyllis F. Island, New York; James J. Binns, Philadelphia, Scheinberg, Associate Director, Transportation Pennsylvania, on behalf of the World Boxing Asso- Issues, Resources, Community, and Economic Devel- ciation and the World Boxing Association of North opment Division, General Accounting Office; Ken- America; Patrick C. English, Clifton, New Jersey; neth M. Mead, Inspector General, Department of and Fredric G. Levin, Pensacola, Florida. Transportation; Jack Lew, Deputy Director, Office of Management and Budget; Mayor Ed Rendell, Phila- GLOBAL TOBACCO SETTLEMENT delphia, Pennsylvania; Robert Kiley, New York City Committee on Commerce, Science, and Transpor- Partnerships, New York, New York; Robert Poole, tation:Committee concluded hearings on proposed Reason Foundation, Los Angeles, California; and Jeff legislation to reform and restructure the process by Ladd, Metra Commuter Rail, Chicago, Illinois. which tobacco products are manufactured, marketed, Subcommittee will meet again on Thursday, April and distributed, to prevent the use of tobacco prod- 2. ucts by minors, and to redress the adverse health ef- RESEARCH AND DEVELOPMENT REFORM fects of tobacco use, after receiving testimony from Lawrence H. Summers, Deputy Secretary, and Jona- Committee on Armed Services: Subcommittee on Acqui- than Gruber, Deputy Assistant Secretary, both of the sition and Technology resumed hearings on proposed Department of the Treasury; Scott R. Strand, Min- legislation authorizing funds for fiscal year 1999 for nesota Office of Attorney General, St. Paul; Floyd the Department of Defense and the future years de- Abrams, Cahill, Gordon & Reindel, Martin Feldman, fense program, focusing on the management of re- Smith Barney, Inc., and Harvey R. Miller, Weil, search, development, test and evaluation programs, Gotshal & Manges, all of New York, New York; and receiving testimony from John W. Lyons, Director, Harvey S. Rosen, Burke, Rosen & Associates, Cleve- Army Research Laboratory, Richard E. Metrey, Di- land, Ohio. rector, Carderock Division, Naval Surface Warfare Center, George T. Singley, III, Acting Director, De- NATIONAL PARKS/HISTORIC SITES/ fense Research and Engineering, and Patricia A. MEMORIALS Sanders, Director, Test, Systems Engineering and Committee on Energy and Natural Resources: Sub- Evaluation, all of the Department of Defense. committee on National Parks, Historic Preservation, D292 CONGRESSIONAL RECORD — DAILY DIGEST March 24, 1998 and Recreation concluded hearings on S. 887, to es- trict of Louisiana, A. Howard Matz, to be United tablish in the National Park Service the National States District Judge for the Central District of Cali- Underground Railroad Network to Freedom Pro- fornia, and George Caram Steeh III and Arthur J. gram, S. 991, to make technical corrections to the Tarnow, each to be a United States District Judge Omnibus Parks and Public Lands Management Act for the Eastern District of Michigan, after the nomi- of 1996, S. 1695, to establish the Sand Creek Mas- nees testified and answered questions in their own sacre National Historic Site in the State of Colorado, behalf. Mr. Lemelle was introduced by Senators and S.J.Res. 41, approving the location of a Martin Breaux and Landrieu, Mr. Matz was introduced by Luther King, Jr., Memorial in the Nation’s Capital, Senator Boxer, and Messrs. Steeh and Tarnow were after receiving testimony from Senators Warner, Sar- introduced by Senator Levin. banes, DeWine, and Moseley-Braun; Katherine H. HEALTH CARE QUALITY Stevenson, Associate Director, Cultural Resource Stewardship and Partnerships, National Park Service, Committee on Labor and Human Resources: Committee Department of the Interior; Steve Brady, Northern concluded hearings on proposals to promote quality Cheyenne Band of Sand Creek Descendants, Lame and fairness in employment-based group health plans Deer, Montana; Laird Cometsevah, Clinton, Okla- and to improve consumer protections and the quality homa; David Fridtjof Halaas, Colorado Historical So- of health care in the employment-based system, in- ciety, Denver; Iantha Gantt-Wright, National Parks cluding S. 1712, S. 644, S. 373, S. 353, S. 449, and and Conservation Association, Washington, D.C.; S. 346, after receiving testimony from Senator Cathy Nelson, Ohio Underground Railroad Associa- Lieberman; Margaret A. Hamburg, Assistant Sec- tion, Columbus; Ed Rigaud, National Underground retary of Health and Human Services for Planning Railroad Freedom Center, Cincinnati, Ohio; and Evaluation; Meredith Miller, Deputy Assistant Glennette Tilley Turner, Wheaton, Illinois, on be- Secretary of Labor for Pension and Welfare Benefits; half of the Underground Railroad Advisory Commit- Colorado Commissioner of Insurance Jack Ehnes, tee; and John H. Carter, BellSouth Telecommuni- Denver, on behalf of the National Association of In- cations, Inc., Atlanta, Georgia, on behalf of the surance Commissioners; Beau Carter, Integrated Washington D.C. Martin Luther King, Jr. National Healthcare Association, Pleasanton, California; Jo- Memorial Project Foundation, Inc. anne L. Hustead, National Partnership for Women and Families, Washington, D.C.; Mark S. Waskow, AUTHORIZATION—SUPERFUND Waskow Group, Burlington, Vermont, on behalf of Committee on Environment and Public Works:Committee the National Federation of Independent Business; began mark up of S. 8, to revise and authorize funds Thomas R. Reardon, Portland, Oregon, on behalf of for fiscal years 1998 through 2002 for programs of the American Medical Association; Joe Laymon, the Comprehensive Environmental Response, Liabil- Eastman Kodak Company, Rochester, New York, on ity, and Compensation Act (Superfund), but did not behalf of the Business Roundtable; and Staci J. complete action thereon, and will meet again tomor- Froelich, Tacoma Park, Maryland. row. VETERANS’ EMPLOYMENT INDONESIA Committee on Veterans’ Affairs: Committee concluded Committee on Foreign Relations: Subcommittee on East hearings on S. 1021, to provide that a veterans’ pref- Asian and Pacific Affairs concluded hearings to ex- erence eligible (PE) or an individual who has been amine the current economic and political situation in separated from military service under honorable con- Indonesia, after receiving testimony from Aurelia E. ditions after three or more years of active duty shall Brazeal, Deputy Assistant Secretary of State for East not be denied the opportunity to compete for a va- Asian and Pacific Affairs; Arian Ardie, Deputy Sec- cant position within a Federal agency, either in the retary General of KIKAS (Kadin Indonesia Komite competitive or excepted service, after receiving testi- America Serikat), Indonesian Chamber of Commerce mony from Senator Cleland; Representative Mica; and Industry, Jakarta, Indonesia; and Walter B. Michael Brostek, Associate Director, Federal Man- Lohman, U.S.-ASEAN Business Council, Edward E. agement and Workforce Issues, General Government Masters, U.S.-Indonesia Society, and Adam Schwarz, Division, General Accounting Office; Mary Lou Council on Foreign Relations, all of Washington, Lindholm, Associate Director for Employment, Of- D.C. fice of Personnel Management; Espiridion Borrego, Assistant Secretary of Labor for the Veterans’ Em- NOMINATIONS ployment and Training Service; Stephen A. Moe, Committee on the Judiciary: Committee concluded Manager, Selection, Evaluation, and Recognition, hearings on the nominations of Ivan L.R. Lemelle, to United States Postal Service; Kimo S. Hollingsworth, be United States District Judge for the Eastern Dis- American Legion, and Sidney Daniels, Veterans of March 24, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D293 Foreign Wars of the United States, both of Wash- exandria, Virginia; and Gary D. Miles, American ington, D.C.; Veronica A’zera, AMVETS, Lanham, Federation of Government Employees (AFL–CIO), Maryland; Larry D. Rhea, Non Commissioned Offi- and Kurt Vorndran, National Treasury Employees cers Association of the United States of America, Al- Union, both of Washington, D.C. h House of Representatives Jack Ulrich of Pennsylvania to the National Summit Chamber Action on Retirement Savings. Page H1385 Bills Introduced: 15 public bills, H.R. 3530–3544; Suspensions: The House agreed to suspend the rules and 3 resolutions, H. Con. Res. 248–249, and H. and pass the following measures: Res. 392 were introduced. Pages H1444±45 Traffic Stops Statistics Study Act: H.R. 118, Reports Filed: Reports were filed as follows: amended, to provide for the collection of data on H.R. 3211, to amend title 38, United States traffic stops; Pages H1387±89 Code, to enact into law eligibility requirements for burial in Arlington National Cemetery, amended (H. Burial Eligibility In Arlington National Ceme- Rept. 105–458); tery: H.R. 3211, amended, to amend title 38, H.R. 2186, to authorize the Secretary of the Inte- United States Code, to enact into law eligibility re- rior to provide assistance to the National Historic quirements for burial in Arlington National Ceme- Trails Interpretive Center in Casper, Wyoming (H. tery (passed by yea and nay vote of 412 yeas with Rept. 105–459); none voting ‘‘nay’’, Roll No. 65); H. Res. 390, providing for consideration of H.R. Pages H1389±95, H1407 2589, to amend the provisions of title 17, United Enforcement of Veterans’ Employment Rights: States Code, with respect to the duration of copy- H.R. 3213, amended, to amend title 38, United right (H. Rept. 105–460); States Code, to clarify enforcement of veterans’ em- H. Res. 391, providing for consideration of H.R. ployment rights with respect to a State as an em- 2578, to amend the Immigration and Nationality ployer or a private employer and to extend veterans’ Act to extend the visa waiver pilot program, and to employment and reemployment rights to members provide for the collection of data with respect to the of the uniformed services employed abroad by number of non immigrants who remain in the United States companies; Pages H1396±99 United States after the expiration of the period of Small Business Investment Company Technical stay authorized by the Attorney General (H. Rept. Corrections: H.R. 3412, amended, to amend and 105–461); and make technical corrections in title III of the Small H.R. 3310, to amend chapter 35 of title 44, Business Investment Act (passed by yea and nay vote United States Code, for the purpose of facilitating of 407 yeas with none voting ‘‘nay’’, Roll No. 66. compliance by small businesses with certain Federal Pages H1399±H1400, H1408 paperwork requirements, and to establish a task force to examine the feasibility of streamlining paperwork Land Conveyance in Virginia: H.R. 3226, A bill requirements applicable to small businesses, amend- to authorize the Secretary of Agriculture to convey ed (H. Rept. 105–462 Part 1). Page H1444 certain lands and improvements in the State of Vir- ginia; and Pages H1400±02 Guest Chaplain: The prayer was offered by the guest Chaplain, Bishop Eddie L. Long of Decatur, Aviation Medical Assistance Act: H.R. 2843, Georgia. Page H1385 amended, to direct the Administrator of the Federal Aviation Administration to reevaluate the equipment Journal: The House agreed to the Speaker’s approval in medical kits carried on, and to make a decision of the Journal of Monday, March 24 by a yea and regarding requiring automatic external defibrillators nay vote of 368 yeas to 40 nays, Roll No. 64. to be carried on, aircraft operated by air carriers. Pages H1385, H1406±07 Pages H1403±06 Recess: The House recessed at 1:07 p.m. and recon- Corrections Calendar: On the call of the Correc- vened at 2:00 p.m. Page H1385 tions Calendar, the House passed H.R. 3096, to cor- National Summit on Retirement Savings: The rect a provision relating to termination of benefits Chair announced the Speaker’s appointment of Mr. for convicted persons by a yea and nay vote of 408 D294 CONGRESSIONAL RECORD — DAILY DIGEST March 24, 1998 yeas with none voting ‘‘nay’’, Roll No. 67. The CRITICAL SYSTEMS—YEAR 2000 READINESS Clerk was authorized to make technical corrections Committee on Banking and Financial Services: Held a and conforming changes in the engrossment of the hearing on Assessing the Year 2000 Readiness of bill. Pages H1402±03, H1408±09 Critical Systems at HUD, Treasury, and Federal Fi- Recess: The House recessed at 4:01 p.m. and recon- nancial Regulatory Agencies. Testimony was heard vened at 5:02 p.m. Page H1406 from John A. Koskinen, Assistant to the President, Capitol Preservation Commission: The Chair an- Chairman, President’s Council on Year 2000 Conver- nounced the Speaker’s appointment of Representative sion; and the following officials of the GAO: Joel C. Walsh to the United States Capitol Preservation Willemssen, Director, Civil Agencies Information Commission. Page H1409 Systems; and Jack L. Brock, Jr., Director, Govern- mentwide and Defense Information Systems. Senate Messages: Message received from the Senate today appears on page H1381. WIRELESS ENHANCED 911 SERVICES Amendments: Amendments ordered printed pursu- Committee on Commerce: Subcommittee on Tele- ant to the rule appear on pages H1445–49. communications, Trade and Consumer Protection Quorum Calls—Votes: Four yea and nay votes de- held a hearing on Wireless Enhanced 911 Services. veloped during the proceedings of the House today Testimony was heard from Representative Danner; and appear on pages H1406, H1407, H1408, and Ricardo Martinez, Administrator, National Highway H1408–09. There were no quorum calls. Traffic Safety Administration, Department of Trans- Adjournment: Met at 12:30 p.m. and adjourned at portation; Denis Galvin, Deputy Director, National 11:05 p.m. Park Service, Department of the Interior; David Bibb, Deputy Associate Administrator, Office of Real Property, Office of Government Wide Policy, Committee Meetings GSA; Hal Daub, Mayor, City of Omaha, Nebraska; and public witnesses. EMERGENCY SUPPLEMENTAL APPROPRIATIONS; EMERGENCY FEDERAL EMPLOYMENT COMPENSATION SUPPLEMENTAL AND RECESSIONS ACT APPROPRIATIONS; REVISED SUBDIVISIONS Committee on Education and the Workforce: Subcommit- Committee on Appropriations: Ordered reported the fol- tee on Workforce Protections held an oversight hear- lowing: Emergency Supplemental appropriations for ing to review the Federal Employment Compensa- fiscal year 1998; and the Emergency Supplemental tion Act. Testimony was heard from Diane M. Dis- and Recessions appropriations for fiscal year 1998. ney, Deputy Assistant Secretary, Civilian Personnel The Committee also approved revised 302(b) sub- Policy, Department of Defense; Larry B. Anderson, divisions for fiscal year 1998. Manager, Safety and Workplace Assistance, U.S. Postal Service; and public witnesses. ENERGY AND WATER DEVELOPMENT APPROPRIATIONS MISCELLANEOUS MEASURES Committee on Appropriations: Subcommittee on Energy Committee on the Judiciary: Ordered reported amended and Water Development held a hearing on U.S. the following bills: H.R. 1252, Judicial Reform Act Army Corps of Engineers. Testimony was heard from of 1997; H.R. 3528, Alternative Dispute Resolution the following officials of the Department of the Act of 1998; H.R. 2652, Collections of Information Army: John H. Zirschky, Acting Assistant Secretary Antipiracy Act; and H.R. 2759, Health Professional (Civil Works); and Lt. Gen. Joe N. Ballard, USA, Shortage Area Nursing Relief Act of 1997. Commanding General, Corps of Engineers. FREEDOM FROM RELIGIOUS PERSECUTION TREASURY, POSTAL SERVICE, GENERAL ACT—IMMIGRATION PROVISIONS GOVERNMENT APPROPRIATIONS Committee on the Judiciary: Subcommittee on Immi- Committee on Appropriations: Subcommittee on Treas- gration and Claims held a hearing regarding the im- ury held a hearing on the National Archives and the migration provisions of H.R. 2431, Freedom from GSA. Testimony was heard from John W. Carlin, Religious Persecution Act of 1997. Testimony was Archivist of the United States, National Archives heard from Paul Virtue, General Counsel, Immigra- and Records Administration; and David J. Barram, tion and Naturalization Service, Department of Jus- Acting Administrator, GSA. tice; the following officials of the Department of March 24, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D295 State: Alan Kreczko, Principal Deputy Assistant Sec- Judiciary as an original bill for the purpose of retary, Bureau of Population, Refugees, and Migra- amendment and provides that it will be considered tion; and Nancy Sambaiew, Deputy Assistant Sec- as read. The rule provides that no amendment to the retary, Visa Services, Bureau of Consular Affairs; and committee amendment in the nature of a substitute public witnesses. will be in order unless printed in the Congressional MISCELLANEOUS MEASURES Record. The rule waives points of order against the amendment by Mr. Sensenbrenner printed in the Committee on Resources: Subcommittee on Forests and Congressional Record. and numbered 1 for failure to Forest Health held a hearing on the following bills; comply with clause 7 of rule XVI (prohibiting non- H.R. 3381, Gallatin Land Consolidation Act of germane amendments). The rule allows the chairman 1998; H.R. 2886, Granite Watershed Enhancement of the Committee of the Whole to postpone votes and Protection Act of 1997; California Spotted Owl during consideration of the bill, and reduce voting Interim Protection Act of 1998; and H.R. 1021 time to five minutes on a postponed question if the Miles Land Exchange Act of 1997. Testimony was vote follows a fifteen minute vote. Finally, the rule heard from Representative Herger; Bob Joslin, Dep- provides one motion to recommit, with or without uty Chief, National Forest System, Forest Service, instructions. Testimony was heard from Representa- USDA; Pat Graham, Director, Department of Fish, tives Coble and Sensenbrenner. Wildlife and Parks, State of Montana; and public witnesses. EDUCATING CHILDREN—COMPETITIVE TECHNOLOGY SKILLS REALTY APPRAISAL PROCESS—BLM LAND EXCHANGES Committee on Science: Subcommittee on Technology and the Subcommittee on Early Childhood, Youth Committee on Resources: Subcommittee on National and Families of the Committee on Education and the Parks and Public Lands held an oversight hearing on Workforce held a joint oversight hearing on Educat- Realty Appraisal Process on BLM Land Exchanges. ing our Children with Technology Skills to Compete Testimony was heard from Pat Shea, Director, Bu- in the Next Millennium. Testimony was heard from reau of Land Management, Department of the Inte- public witnesses. rior; and public witnesses. VISA WAIVER PILOT PROGRAM BUILDING EFFICIENT SURFACE TRANSPORTATION AND EQUITY ACT; Committee on Rules: Granted, by voice vote, a modi- WATER RESOURCES SURVEY RESOLUTIONS fied open rule providing 1 hour of debate on H.R. 2578, to amend the Immigration and Nationality Committee on Transportation and Infrastructure: Ordered Act to extend the visa waiver pilot program, and to reported amended H.R. 2400, the Building Efficient provide for the collection of data with respect to the Surface Transportation and Equity Act. number of non-immigrants who remain in the The Committee also approved 4 water resources United States after the expiration of the period of survey resolutions. stay authorized by the Attorney General. The rule PATIENT CONFIDENTIALITY provides that no amendment to the bill will be in Committee on Ways and Means: Subcommittee on order unless printed in the Congressional Record. Health held a hearing on patient confidentiality. The rule allows the chairman of the Committee of Testimony was heard from public witnesses. the Whole to postpone votes during consideration of the bill, and reduce voting time to five minutes on REQUIREMENTS PROCESS a postponed question if the vote follows a fifteen Permanent Select Committee on Intelligence: Met in execu- minute vote. The rule provides one motion to re- tive session to hold a briefing on the Requirements commit with or without instructions. Finally, the Process. The Committee was briefed by departmental rule provides that after passage of the House bill, it witnesses. be in order to insert the House-passed language in the Senate bill number. Testimony was heard from Representative Smith of Texas. Joint Meetings COPYRIGHT TERM EXTENSION ACT GOVERNMENT CONTRACTING Committee on Rules: Granted, by voice vote, a modi- Joint Hearing: Senate Committee on Governmental fied open rule providing 1 hour of debate on H.R. Affairs’ Subcommittee on Oversight of Government 2589, Copyright Term Extension Act. The rule Management, Restructuring, and the District of Co- makes in order the amendment in the nature of a lumbia concluded joint hearings with the House substitute recommended by the Committee on the Committee on Government Reform and Oversight D296 CONGRESSIONAL RECORD — DAILY DIGEST March 24, 1998 Subcommittee on Government Management, Infor- Bootle Federal Building and United States Court- mation, and Technology on S. 314 and H.R. 716, house’’. Signed March 20, 1998. (P.L. 105–163) bills to require that the Federal Government procure H.R. 3116, to address the Year 2000 computer from the private sector the goods and services nec- problems with regard to financial institutions, and to essary for the operations and management of certain extend examination parity to the Director of the Of- Government agencies, and proposed legislation to fice of Thrift Supervision and the National Credit provide a fair, competitive process for the selection Union Administration. Signed March 20, 1998. of sources to perform activities of the Federal Gov- (P.L. 105–164) ernment that are not inherently governmental func- S. 347, to designate the Federal building located tions, after receiving testimony from Senator Thom- at 100 Alabama Street NW, in Atlanta, Georgia, as as; G. Edward DeSeve, Acting Deputy Director for the ‘‘Sam Nunn Federal Center’’. Signed March 20, Management, Office of Management and Budget; 1998. (P.L. 105–165) former Deputy Mayor Skip Stitt, Indianapolis, Indi- f ana; Bryan Logan, Earth Data, International, Gai- thersburg, Maryland, on behalf of the Management COMMITTEE MEETINGS FOR Association for Private Photogrammetric Surveyors; WEDNESDAY, MARCH 25, 1998 Lawrence Trammell, Science Applications Inter- (Committee meetings are open unless otherwise indicated) national Corporation, San Diego, California, on be- Senate half of the Contract Services Association of America; Douglas K. Stevens, Jr., U.S. Chamber of Commerce, Committee on Armed Services, Subcommittee on Airland Robert M. Tobias, National Treasury Employees Forces, to resume hearings on proposed legislation authorizing funds for fiscal year 1999 for the Department of Union, and Bobby L. Harnage, Sr., American Federa- Defense and the future years defense program, focusing tion of Government Employees (AFL–CIO), all of on tactical aviation modernization, 10 a.m., SR–222. Washington, D.C.; Michael B. Styles, Federal Man- Full Committee, to hold hearings to examine the situa- agers Association, Alexandria, Virginia; and Steve tion in the Persian Gulf, 2 p.m., SR–222. Kelman, Harvard University, Cambridge, Massachu- Committee on Banking, Housing, and Urban Affairs, to setts. hold hearings on the nomination of Arthur Levitt Jr., of New York, to be a Member of the Securities and Ex- CYBERCRIME change Commission, 2 p.m., SD–538. Joint Economic Committee: Committee concluded hear- Committee on Commerce, Science, and Transportation, Sub- ings to examine the potential problems with cyber committee on Communications, to hold hearings on the banking and protecting the cyber infrastructure implementation of section 271 of the Telecommuni- cations Act (P.L. 104–104) relating to the application while eliminating the potential of economic tamper- process for local telephone companies desiring to provide ing and espionage, after receiving testimony from long distance service, and on S. 1766, to permit Bell op- Neil J. Gallagher, Deputy Assistant Director, Crimi- erating companies to provide interstate and intrastate nal Division, Larry E. Torrence, Deputy Assistant telecommunications services within one year after the date Director, National Security Division, and Michael A. of enactment of this Act, 2:30 a.m., SR–253. Vatis, Deputy Assistant Director and Chief, National Committee on Energy and Natural Resources, Subcommittee Infrastructure Protection Center, all of the Federal on Forests and Public Land Management, to hold hear- Bureau of Investigation, Department of Justice. ings on general land exchange bills, including S. 890, S. 1109, S. 1468, S. 1469, S. 1510, S. 1683, S. 1719, S. AGRICULTURAL REFORM ACT 1752, S. 1807, H.R. 1439, and H.R. 1663, 2 p.m., Conferees agreed to file a conference report on the dif- SD–366. ferences between the Senate- and House-passed ver- Committee on Environment and Public Works, to continue markup of S. 8, to reauthorize and amend the Com- sions of S. 1150, to ensure that federally funded ag- prehensive Environmental Response, Liability, and Com- ricultural research, extension, and education address pensation Act of 1980 (Superfund), 9:30 a.m., SD–406. high-priority concerns with national multistate sig- Committee on Foreign Relations, Subcommittee on Inter- nificance, and to reform, extend, and eliminate cer- national Economic Policy, Export and Trade Promotion, tain agricultural research programs. to hold hearings on S. 1413, to provide a framework for f consideration by the legislative and executive branches of unilateral economic sanctions, 10 a.m., SD–419. NEW PUBLIC LAWS Committee on Governmental Affairs, to resume hearings on S. 712, to provide for a system to classify information (For last listing of Public Laws, see DAILY DIGEST, p. D219) in the interests of national security and a system to de- H.R. 595, to designate the Federal building and classify such information, 10 a.m., SD–342. United States courthouse located at 475 Mulberry Committee on the Judiciary, Subcommittee on Constitu- Street in Macon, Georgia, as the ‘‘William Augustus tion, Federalism, and Property Rights, to hold hearings March 24, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D297 to examine the tradition and importance of protecting the Subcommittee on Crime, to continue hearings on H.R. United States flag, 2 p.m., SD–226. 1524, Rural Law Enforcement Assistance Act of 1997; Committee on Rules and Administration, to hold hearings and to hold a hearing on H.R. 2829, Bulletproof Vest on proposed legislation authorizing funds for fiscal year Partnership Grant Act of 1997, 10 a.m., 2226 Rayburn. 1999 for the Federal Election Commission, 9:30 a.m., Committee on Resources, to consider the following bills: SR–301. H.R. 1522, to extend the authorization for the National Committee on Veterans’ Affairs, to hold joint hearings Historic Preservation; H.R. 1833, Tribal Self-Governance with the House Committee on Veterans Affairs to review Amendments of 1997; S. 231, National Cave and Karst the legislative recommendations of AMVETS, the Amer- Research Institute Act; H.R. 2742, California Indian ican Ex-Prisoners of War, the Vietnam Veterans of Amer- Land Transfer Act; H.R. 3069, Advisory Council on Cali- ica, and the Retired Officers Association, 9:30 a.m., 345 fornia Indian Policy Act of 1997; and H.R. 3297, to sus- Cannon Building. pend the continued development of a roadless area policy Select Committee on Intelligence, to hold closed hearings on on public domain units and other units of the National intelligence matters, 3 p.m., SH–219. Forest System pending adequate public participation and House determinations that a roadless area policy will not adversely affect forest health, 11 a.m., 1324 Longworth. Committee on Agriculture, Subcommittee on Forestry, Re- Committee on Rules, to consider the following: H.R. source Conservation, and Research, hearing on the effect of electric deregulation on rural areas, 9:30 a.m., 1300 3310, Small Business Paperwork Reduction Act Amend- Longworth. ments of 1998; H.R. 2515, Forest Recovery and Protec- Committee on Appropriations, Subcommittee on Com- tion Act of 1997; and H.R. 3246, Fairness for Small merce, Justice, State, and Judiciary, on the FCC, 10 a.m., Business and Employees Act of 1998, 11 a.m., and to H–309 Capitol and the Bureau of the Census, 2 p.m., consider H.R. 3485, Campaign Reform and Election In- 2358 Rayburn. tegrity Act of 1998, 5 p.m., H–313 Capitol. Subcommittee on Energy and Water Development, on Committee on Science, oversight hearing on International the Bureau of Reclamation, 10 a.m., 2362–B Rayburn. Science, 9:30 a.m., 2318 Rayburn. Subcommittee on Interior, on the Bureau of Indian Af- Subcommittee on Energy and Environment, oversight fairs, 10 a.m., and on the Indian Health Service, 1:30 hearing on the Fiscal Year 1999 Budget Authorization p.m., 308–B Rayburn. Requests: Department of Energy, EPA Research and De- Subcommittee on Labor, Health and Human Services, velopment, and NOAA, 2 p.m., 2318 Rayburn. and Education, on National Cancer Institute, 10 a.m., Committee on Small Business, Subcommittee on Taxation, and on the Secretary of Education, 2 p.m., 2358 Ray- Finance and Exports, hearing on The First Step: Death burn. Tax Reform, 10 a.m., 2360 Rayburn. Subcommittee on VA, HUD, and Independent Agen- Committee on Transportation and Infrastructure, Sub- cies, on Department of Housing and Urban Development, committee on Aviation, to continue hearings on the Re- 10 a.m., and 2 p.m., 2359 Rayburn. authorization of the Federal Aviation Administration and Committee on the Budget, Task Force on Budget Process, Airport Improvement Program in Light of the Rec- hearing on Joint Budget Resolution (Should the Budget ommendations of the National Civil Aviation Review be a Law?), 10 a.m., 210 Cannon. Commission, 10 a.m., 2167 Rayburn. Committee on Commerce, to markup the following bills: Subcommittee on Public Buildings and Economic De- H.R. 1872, Communications Satellite Competition and velopment, hearing on the Reauthorization of Federal Privatization Act of 1998; and H.R. 2691, National Funding for Operations, Maintenance and Capital im- Highway Traffic Safety Administration Reauthorization provement for the John F. Kennedy Center for the Per- Act of 1997, 11 a.m., 2123 Rayburn. forming Arts, 10:30 a.m., 2253 Rayburn. Subcommittee on Energy and Power, hearing on reau- Committee on Veterans’ Affairs, to markup of FY 1999 thorization of the NRC, 2:30 p.m., 2322 Rayburn. Construction Authorization legislation, 1 p.m., 334 Can- Committee on Education and the Workforce, Subcommittee non. on Oversight and Investigations, hearing on the Depart- Committee on Ways and Means, Subcommittee on Social ment of Labor’s Denial of Employment Service Funds to Security, to mark up H.R. 3433, Ticket to Work and the States, 1 p.m., 2175 Rayburn. Self-Sufficiency Act of 1998, 10 a.m., B–318 Rayburn. Committee on International Relations, to markup H.R. Permanent Select Committee on Intelligence, executive, brief- 2431, Freedom From Religious Persecution Act of 1997, ing on Information Assurance, 4 p.m., H–405 Capitol. 10 a.m., 2172 Rayburn. Subcommittee on International Economic Policy and Joint Meetings Trade, hearing on the WTO-Dispute Settlement Body, 3 p.m., 2172 Rayburn. Joint Hearing: Senate Committee on Veterans Affairs, to Committee on the Judiciary, Subcommittee on the Con- hold joint hearings with the House Committee on Veter- stitution, hearing on H.J. Res. 84, proposing an amend- ans Affairs to review the legislative recommendations of ment to the Constitution of the United States to provide AMVETS, the American Ex-Prisoners of War, the Viet- a procedure by which the States may propose constitu- nam Veterans of America, and the Retired Officers Asso- tional amendments, 10 a.m., 2237 Rayburn. ciation, 9:30 a.m., 345 Cannon Building. D298 CONGRESSIONAL RECORD — DAILY DIGEST March 24, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 25 10 a.m., Wednesday, March 25

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday, Consideration of H.R. 2589, ation of S. 1768, emergency supplemental appropriations. Copyright Term Extension Act (modified open rule, 1 Senate may also resume consideration of H.R. 2646, hour of general debate) and Education Savings Act for Public and Private Schools. Consideration of H.R. 2578, to extend the Visa Waiv- er Pilot Program (modified open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hamilton, Lee H., Ind., E451 Millender-McDonald, Juanita, Calif., E455 Kanjorski, Paul E., Pa., E459 Moran, James P., Va., E448 Bass, Charles F., N.H., E458 Kennedy, Patrick J., R.I., E449 Norton, Eleanor Holmes, D.C., E448 Bentsen, Ken, Tex., E454 Kind, Ron, Wisc., E452 Pascrell, Bill, Jr., N.J., E445, E446, E447 Collins, Mac, Ga., E456 Kucinich, Dennis J., Ohio, E445, E446, E447, E449, Riggs, Frank, Calif., E448 Condit, Gary A., Calif., E458 E450, E452 Roukema, Marge, N.J., E450 Davis, Thomas M., Va., E448 Lantos, Tom, Calif., E450 Schumer, Charles E., N.Y., E450 Evans, Lane, Ill., E459 LaTourette, Steve C., Ohio, E459 Smith, Robert, Ore., E454 Everett, Terry, Ala., E450, E453 Lewis, Jerry, Calif., E449 Solomon, Gerald B.H., N.Y., E445, E446, E447 Fattah, Chaka, Pa., E457 Lewis, Ron, Ky., E456 Taylor, Charles H., N.C., E455 Frost, Martin, Tex., E452 Lipinski, William O., Ill., E446, E447 Tierney, John F., Mass., E454 Gingrich, Newt, Ga., E445 Manton, Thomas J., N.Y., E456 Torres, Edward Esteban, Calif., E458 Hall, Tony P., Ohio, E452 Meek, Carrie P., Fla., E453

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